The Proceedings of the Old Bailey

 

  HAYWARD, Edith Maud Talbot (29, servant), who at the last session (see page 352), pleading guilty of bigamy, came up for judgment. She was sentenced to six weeks' imprisonment (dating from commencement of last sessions), and at once discharged.

 

  SPENCER, John Samuel (38, decorator), pleaded guilty of stealing a postal packet containing a postal order for the payment of 2s. 6d., a half-crown, a florin, a shilling, and six penny stamps, the property of  H. M. Postmaster-General.

Sentence, Nine months' hard labour.

 

  NEWMAN, Reginald Addison (20, clerk), pleaded guilty of stealing from   Ernest Michael Prenderville, an officer of the Post Office, certain postal packets, to wit, ten telegrams, the property of   H. M. Postmaster-General.

Mr. Forster Boulton prosecuted; Mr. Huntly Jenkins appeared for prisoner.

The fraud method in this case was an ingenious variation upon old tricks. Prisoner sent ten telegrams to a woman bookmaker at Hammersmith, backing every horse in a race. He then waited about in the vicinity of the bookmaker's office and when the telegraph boy Prenderville came with the ten telegrams he asked for them, and the boy, thinking that he was either the bookmaker or a clerk, gave him them. Prisoner waited until he knew the result of the race and then slipped the telegram in, which the winner was named into the letter-box.

Evidence was called to the previous good character of prisoner, who was stated to be very, well connected and to have been made a tool by others who had conceived the fraud.

Sentence, Six months' imprisonment.

 

  SHIRWELL, Edward (47, carman), pleaded guilty of stealing a bag containing one thousand sovereigns, the goods and moneys of the   Great Eastern Railway Company, his employers.

Mr. J. P. Grain prosecuted.

The bag in question was sent as an ordinary parcel for delivery by the Great Eastern Railway Company from the Capital and Counties Bank at Cromer to their head office in Lombard Street; it was entrusted to prisoner for delivery and he decamped with it. £928 of the money had been recovered. Prisoner pleaded that he had yielded to a sudden temptation. A conviction for larceny in 1895 was proved; since that date prisoner has been in honest employment.

The Recorder, in sentencing prisoner to six months' hard labour, said it was extraordinary that a bag containing this large amount in gold coins should have been sent as an ordinary parcel; more care ought to be exercised in the transmission of such parcels, so that people in the position of prisoner should not have temptation thrown in their way.

 

  BENNETT, Henry (32, fireman), pleaded guilty of attempting to steal from a post letter box a post letter, the property of   H. M. Postmaster-General.

Sentence, Nine months' hard labour.

 

  COLEBATCH, Samuel Charles (23, postal porter), pleaded guilty to two indictments for stealing postal packets containing postal orders, the property of   H. M. Postmaster-General, he being an officer of the Post Office.

Sentence, Nine months' hard labour.

 

  WHITE, William Henry (48, clerk), pleaded guilty to two indictments for stealing postal packets containing money, the property of   H. M. Postmaster-General, he being an officer of the Post Office.

Prisoner had been in Post Office employ for thirty-two years; his salary was £187 a year; he would have advanced to £210, and in eight years' time have retired on a full pension. He was said to have been living beyond his means and told the Court that he had "given way to temptation. "

Sentence, Fifteen months' hard labour.

 

  MARSH, Fred (40, carpenter), was indicted for that, having been convicted of a crime and a previous conviction of felony then proved against him, he was, within seven years after the expiration of the sentence passed upon him for the said crime, guilty of an offence against the Prevention of Crimes Act, 1871, to wit, of being found in a certain public place under such circumstances as to satisfy the Court before whom he was brought that he was about to commit an offence punishable on summary conviction.

Prisoner said he would plead guilty, but he was roaming the streets drunk and did not know what he was doing.

Police-constable   JAMES EDWARDS , 342 C. In the early morning of July 11 I was on duty in Bury Street", City, I saw prisoner examining doors and windows. On seeing me he ran away.

Detective-sergeant   W. J. BERRY , Herts Constabulary, proved that prisoner was convicted at Herts Assizes on February 1, 1905, of larceny; on that occasion many previous convictions were proved.

Sentence, Twelve months' hard labour.

 

  EVERITT, Samuel (31, fireman), pleaded guilty of being found by night having in his possession, without lawful excuse, a certain implement of house-breaking, to wit, one razor; attempting to break and enter the shop   No. 50, Bishopsgate Street Without, with intent to steal therein.

Prisoner confessed to one previous conviction and two others were proved.

Sentence, Fifteen months' hard labour.

 

  BRUCE, Percival (34, baker), pleaded guilty of feloniously uttering, knowing the same to be forged, a certain forged order for the payment of money, to wit, a banker's cheque for 18s. 7d., with intent to defraud; obtaining by false pretences from   Thomas Barnes three locks and other articles, the goods of   George Henry Beaver and another, with intent to defraud; feloniously uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for the payment of £35, with intent to defraud; obtaining by false pretences from   Susan Beale one piano, with intent to defraud; obtaining by false pretences from   Alfred Buckley two gas brackets, two gas pendants and one hall lamp, the property of   Robert Frank Smith and another, with intent to defraud.

Prisoner confessed to one previous conviction.

Detective-sergeant   ISRAEL BEDFORD , R Division, read out a long list of previous convictions, dating back to 1893, with sentences including one of four years' penal servitude. Witness stated that in all his career as a police officer he had never met a more plausible, daring, and dangerous scoundrel than the prisoner. A warrant was now out for his arrest for obtaining goods to the value of £49 at Sevenoaks (part of the goods having been found in prisoner's possession, this charge was now taken into consideration, at the request of the Commissioner of Police).

Sentence, Seven years' penal servitude.

BEFORE THE COMMON SERJEANT.

(Tuesday, September 6.)

 

  CROFT, Charles (73, dealer), pleaded guilty of feloniously possessing counterfeit coin with intent to utter the same; he also confessed to having been convicted at this court on March 12, 1900, receiving five years' penal servitude for possessing counterfeit coin.

Prisoner had had four sentences of penal servitude, including 12 years in 1891 and six other sentences commencing in 1861, all for coinage offences.

Sentence, Three years' penal servitude.

 

  MARTIN, Thomas (61, cutler), and   NEWPORT, Poppy (36, flower-seller), both pleaded guilty of feloniously uttering counterfeit coin twice on the same day.

Martin confessed to having been convicted at this Court on June 25, 1906, receiving four years' penal servitude for making counterfeit coin.

Sentence: Martin, 18 months' hard labour; Newport, One month's hard labour.

 

  HARRINGTON, Charles (58, porter), pleaded guilty of feloniously uttering counterfeit coin twice within three days; he also confessed to having been convicted at this Court on February 8, 1910, receiving six months' hard labour for uttering. Ten other convictions for larceny, etc., were proved commencing in 1884 and including three years' penal servitude in 1906 for housebreaking.

Sentence, 18 months' hard labour.

 

  HARRIS, George (26, engineer), pleading guilty of feloniously possessing five moulds in and upon which were impressed the obverse and reverse sides of a florin; possessing counterfeit coin with intent to utter the same. He pleaded not guilty of being a habitual criminal.

Detective-inspector   WILLIAM BURNHAM , G Division, proved service of the notice. Prisoner on arrest stated that he had been making £100 to £120 of counterfeit coin a week, which had been circulated through this country and on the Continent. He was in possession of a very extensive coining outfit, including five moulds, an edging wheel of superior make, a complete and large battery, etc. Since leaving prison in February 1910, he has been living by coining. Lydia Devine, his wife, is now awaiting trial at Lewes Assizes for uttering.

The three statutory convictions proved were: February 23, 1904, North London Sessions, four months' hard labour for stealing from a van; December 5, 1905, North London Sessions, 15 months' hard labour, stealing from a van; July 24, 1906, Guildhall, six months, larceny from the person. Four other convictions commencing June 4, 1901, to November, 1909, for larceny were proved. Prisoner was stated to be an associate of convicted thieves.

(Defence.)

  ERASMUS LAWRENCE , Dynemouth Road, Clapton, timber merchant. From the end of February to May I have employed prisoner two or three days a week to work a circular saw. I parted with him through slackness of work.

  EMILY HARRIS , mother of the prisoner, produced a number of pawn-tickets for clothes, etc., of the prisoner which had been pledged to maintain him.

Verdict, Guilty.

Sentence, Three years' penal servitude and five years' preventive detention.

 

  PLOTSKY, Louis (27, labourer) . Possessing counterfeit coin, with intent to utter the same.

Mr. Wilkinson prosecuted; Mr. Oddie defended.

Detective-sergeant   BENJAMIN LEESON , H Division. On the afternoon of August 24 I saw prisoner enter a restaurant at the corner of Parker Street and Commercial Road. I entered with another officer and said, "We are police officers. You answer the description of a man wanted for uttering counterfeit coin and we are going to arrest you. "He said, "I know nothing about it. "On the way to the station he said, "I have got plenty on me. I may as well give them to you. You are sure to find them. "He then took handkerchief (produced) from his jacket pocket containing 20 5s. pieces and four florins—counterfeit. He said, "Why did not you have the other man? He has more on him than I had. "There were a number of men in the restaurant, but prisoner was alone, so far as I saw.

Sergeant   HENRY RICHARDSON , H Division, corroborated.

  WILLIAM JOHN WEBSTER , Inspector of Coins, H. M. Mint. The 20 crown pieces produced are counterfeit, all from one mould; the four florins are of three different dates. They are of average make.

(Defence.)

Louis PLOTSKY (prisoner, on oath). I am a painter and decorator and was last employed by Hyman, Brick Lane. On August 24 I went to the restaurant at 11 a. m. and remained there till 2. 30 p. m., when the officers came in. I was seated at a table with six or seven others, and a young man next to me said, "Hold this a minute," and put the handkerchief containing the coins in my pocket. He then slipped out as the officers came in. I was arrested. I said, "I knew nothing about it. "I put my hand in my pocket, felt something hard in the package, and a coin came out of the handkerchief. I said to the officer, "The dark man who has just walked out just gave me this," and handed him the package of coins. I did not say what the officers have stated. I am an English Jew.

(Wednesday, September 7.)

Verdict, Guilty. 12 summary convictions were proved for larceny, frequenting, etc. Prisoner was stated to have been casually employed as a painter since his last release in January 7, 1909.

Sentence, Four years' penal servitude.

BEFORE MR. JUSTICE HAMILTON.

(Wednesday, September 7.)

 

  DAWKINGS, Benjamin (42, printer), was indicted for and charged on the coroner's inquisition with the manslaughter of   George Dawkings; he was also indicted for that, having the custody of   George Dawkings, a boy under the age of 16 years, he did unlawfully and wilfully neglect him in a manner likely to cause unnecessary suffering and injury to his health.

Mr. Clarke Hall prosecuted.

  ERNEST FORD , an officer of the National Society for the Prevention of Cruelty to Children. On July 23 I called at 44, Durban Road, Tottenham, and saw prisoner's wife and the boy George. The boy was on a bed, partially dressed; he was groaning and crying with pain; he looked very emaciated and ill and was in a very dirty and verminous condition. I called in Dr. Rostand and on his advice the boy was sent to the infirmary. On July 25 I saw prisoner and told him the boy was in a very serious condition. He said, "I was not aware the boy was so ill; I own the boy asked for a doctor, but I did not think he was so ill or I should have called one in; I own I have neglected him now. "

Cross-examined by prisoner. I called twice on July 23; on my second visit I saw your daughter washing the boy's legs.

  CAROLINE BARKER. I and my husband live in the same house with prisoner and his family. For a week previous to July 9 I knew that the boy George lay ill. On the 9th I heard something fall outside my room, and on opening the door I saw the boy lying on the floor; he said, "Oh, Mrs. Barker, pick me up"; he seemed very ill. I carried him to prisoner's room and laid him on the bed with prisoner; prisoner said to the boy, "Could not you lie quiet up there. "

Dr.   ANDREW ROSTAND. On July 23 I was called by Ford and went to 44, Durban Road, and saw the boy. He was in a most pitiful condition, extremely emaciated, and very filthy; he had not been cleaned for a long time; I did not notice any vermin. He complained of being in great pain, and was so tender that he could only be moved with the greatest difficulty; in fact, he could scarcely bear the weight of his clothes. I found his left hand was inflamed; there was a large collection of fluid, probably pus, in his right knee; the left knee was also inflamed and very tender; both ankles were inflamed; there was a large wound below the right knee, which was very septic, with several sinuses or ulcers. His condition must have been perfectly apparent to anyone who examined him; it clearly called for medical attention, and this had certainly not been given. I sent the boy to the infirmary and did not see him again.

  ANNIE COTTERILL , sister at the Edmonton Infirmary. said that on entering the infirmary the boy was very, dirty and emaciated; his right leg was much inflamed and his head verminous.

Dr.   BENGERFIELD , medical officer of the infirmary. When I examined the boy on July 24 he was in a very deplorable condition; very pale, thin and emaciated; he had a large patch of inflammation just below the right knee, which was perforated by four ulcers; there was an abscess on the right forefinger and another on the right hip. He was so weak that he could not be at once operated upon. On the 26th I opened up the leg and found the whole of the large bone of the leg bare and dead; I should have amputated the leg, but his condition was so bad that he might have died on the operating table. He had septic peritonitis and his heart sounds were almost inaudible. He died on the 28th. The cause of death was general blood poisoning from septic inflammation. If the boy had had proper medical and surgical treatment at the first appearance of the inflammation he might have recovered. His condition had existed, and must have been apparent to anyone, for two or three weeks; in the separation of the membrane from the bone of the leg he must have suffered very great pain.

Detective   HORACE SCOVILL. On August 2 I arrested prisoner on the coroner's warrant; this I read to him; he made no reply. On searching him I found a policy on the life of George Dawkings and a premium receipt book. On August 11 I charged him with the offence of neglecting this child; he made no reply.

(Defence.)

  ROSETTA DAWKINGS. I am prisoner's daughter. On July 23 when I came home from work, I found my brother George lying on the bed in his clothes; he was taken away that night. He had been washed all over the week before that and we washed his hands and feet just before he went. I do not think he was verminous. Prisoner did everything for the child, getting him nourishment and drink.

Cross-examined. The boy had been ill for about three weeks. He did not cry and complain of pain; he lay very quiet. He slept with father. I did notice that his leg was swollen. I never heard him ask for a doctor.

Prisoner handed in the following statement in writing: The first knowledge that I had of my son's leg being bad was when Mrs. Barker carried him down to me. I asked him then if he had had a kick or a knock; he said he did not think so. Later, from what he told me, I thought he had got rheumatics, and I sent for some medicine. Mean-time he had been rubbing it with oils. About the tenth day after his leg broke out I got some ointment to draw the stuff away from him. Then each time I asked him how he was he said he felt much better; that is what stopped me from sending for a doctor, thinking he would be all right. I should have treated myself in the same way if it had been me. The lad never asked me to fetch a doctor or I should certainly have done so. It was my intention to fetch one on the Sunday morning previous to his being taken away. I contradict the statement that he was dirty and verminous; he slept with me and his two brothers in the same bed, which was brand new; none of us got

verminous; how could he have been? I was very particular about them keeping themselves clean. I have had a toad partner to put up with for years, otherwise things might have been different; she is also practically without mind or reason, through illness. "

Verdict, Not guilty of manslaughter; guilty of neglecting the child so as to cause it unnecessary suffering.

It was stated that prisoner bore a good general character, and that his statement that his wife is feeble-minded was correct.

Sentence, Six months' hard labour.

 

  McCAUSLAND MICHAEL (21, fishmonger), and   McCAUSLAND, MATTHEW (26, porter) . Both feloniously shooting at   Henry Byfield with intent to disable him; Matthew Mc Causland, assaulting   Henry Byfield with intent to do him grievous bodily harm.

Mr. Bodkin, Mr. Travers Humphreys, and Mr. Mercer prosecuted; Mr. St. John Macdonald defended.

Police-constable   CHARLES FELL proved a plan of the neighbourhood of Soho.

  MORRIS LULKER , 4, Hayward Street, Soho. On Sunday afternoon, July 10, I was going through Berwick Street. Just outside the "White Bear" I saw the two prisoners with a man named Bergman. I heard Bergman say to Michael McCausland, "We will do him in properly this time"; Michael put his hand in his pocket; I did not see what he took out, but he said, "This will do the trick. "A little later I saw Michael standing at the corner of Maidenhead passage; Byfield and a woman and Dyer came along; someone cried out, "Here they come; here's ginger Byfield"; the two prisoners rushed out and I heard a revolver shot; I think Michael fired it, but I am not sure. Byfield ran across into Tyler's Court; the two prisoners followed him; Matthew threw a beer glass and a bar of iron at Byfield, but they did not hit him. I did not follow into Tyler's Court, but I heard some more shots; looking up the court (where there was a big crowd) I saw Byfield with a life preserver struggling with Michael.

Cross-examined. Upon my statement, Bergman was charged, and he was acquitted. I did not say at the police-court that Bergman's words were, "They are doing me properly this time"; if that is on my deposition it is taken down wrongly. What Michael pulled out of his pocket may have been a handkerchief. I did not see Byfield with a knife or dagger.

  JOHN DYER , 57, Johnson Street, King's Cross. I know Byfield. On this Sunday morning I met him with his cousin Sue in Berwick Street. I knew he had a life preserver on him; I knew nothing of any revolver. As we were walking along near the "White Bear" I heard someone say, "There's ginger Byfield. "I saw the two prisoners and several other men. Matthew rushed out with a revolver in his hand and fired what I took to be four shots, pointed to the ground; Byfield was then in the middle of the road, six or seven yards from him. Byfield ran into Tyler's Court and the others followed. I could see up the court Mike and Byfield struggling; Byfield held the life preserver over Mike's head; I heard another two shots fired;

I think these were fired by Mike. Then the police came into the court, and all the men ran back towards the "White Bear"; there was a crowd of hundreds. Matthew ran through Maidenhead Passage, and Byfield and I and others ran after him. At the top of Broad Street Matthew turned round and fired two more shots. On July 8 I was in a public-house in Soho with Byfield and Bergman and Kent; there was a fight between Bergman and Byfield.

Cross-examined. I am a commission agent; I work for a book-maker. I have been twice convicted of felony, with sentences of twelve months and one month. I never had any quarrel with the McCauslands. Byfield had told me that he was anticipating trouble with them. I did not see Lulker during the row. I think the first four shots by Matthew were fired at Byfield's legs.

  NATHAN LEWIS. I am assistant to a butcher at 34, Broad Street, Soho. On June 10 I was outside our shop when I saw two men run into Broad Street; one was Matthew McCausland, I don't know the other. Matthew had a revolver; the other man said to him, "Put that revolver down"; Matthew would not do so, but fired one shot on to the ground; he then ran into Marshall Street, followed by the other man. On July 19 I went to the police-station and picked out Matthew from a row of men.

Cross-examined. Before I went to the police-station I had given a description of one of the men—I saw; I do not remember what my description was. Matthew had a cut on his face; none of the other men put up at the identification had cuts about their face. I only heard one shot fired. (Byfield was brought into court.) I do not recognise Byfield as the other man I refer to; I did not see the man's face. I am sure the revolver was in Matthew's hand.

Police-constable   FREDERICK ROBBINS , 233 C. On July 10 about 2.25 p.m. I was on duty in Berwick Street when a crowd came down towards me from the direction of Broad Street. I saw Matthew rush into Tyler's Court followed by Byfield and the crowd. Byfield drew a revolver from his pocket and fired deliberately into the court. I blew my whistle and ran into Wardour Street and entered Tyler's Court at the other end. When I got there the McCauslands were at the Berwick Street end; there was a big crowd in the court. I got through and caught Michael at the end of the court in Berwick Street; he was bleeding from the hand. I saw Byfield run into Maidenhead Passage followed by the crowd. Having handed Michael to another officer I continued the chase through various streets until I was exhausted, and then went to the station and reported the facts. When I took Michael he said, "He shot at me while I was running away from him"; at the station he held up his injured hand and said, "Cannot I counter-charge him with this?"

Cross-examined. I saw Byfield when he was brought to the station; he said he had been shot, and there was a bullet hole in his jacket. I only heard one shot fired; there might have been others which I should not hear, as I was blowing my whistle and running. Only one revolver

was found, and that was on Byfield; he also had a life preserver and a dagger on him.

Police-constable   ERNEST FORRESTER , 167 C. On this afternoon I was on duty in Regent Street. I saw Matthew running from Air Street into Regent Street; his head was bleeding; Byfield was pursuing him. I caught hold of Matthew. While I had him in custody Byfield ran up and with the knife or dagger produced stabbed him four or five times. I released Matthew and arrested Byfield; when I had handed him to another officer, Matthew had run away.

Cross-examined. Byfield would have killed Matthew if I had not prevented him; to do this I had to leave go of Matthew.

Police-constable   GEORGE FLECKNER , 436 C. I went up to Frost when he had Byfield in custody; as I went to take hold of Byfield he put his hand in his coat pocket and pulled out a revolver. I took possession of it; it is a five-chamber revolver; four cartridges were spent, and the cap of the fifth had missed fire.

Inspector   HENRY FOWLE , C Division. Matthew McCausland was sent to hospital on July 10 and discharged on the 13th. On that day I saw him at Vine Street Station; I told him he would be charged with being concerned with his brother Michael in attempting to murder Henry Byfield by shooting him with a revolver and striking him with a bar of iron. He said, "I see, sir, but I did not shoot him, I only used a glass; it's a good job I had that, or I should have been murdered."

  PHILIP HENRY DUNN , divisional surgeon. On July 10 I examined Byfield at the police-station; there was a slight abrasion on the stomach, and in his jacket and trousers in corresponding positions there were bullet holes; I think he had been hit in the stomach by a spent bullet.

Statements before the Magistrate. Michael McCausland: "On Sunday afternoon I was going to see my brother Matthew; we took a walk; we went through Berwick Street to the 'White Bear. 'While we were there I noticed through the door that several men were gathering on the pavement outside. One looked in and said, 'Here we are, if you want us. 'I knew that alluded to Matt and me; Bergman was having a fight on the previous Friday with Byfield, and Matt and I happened to come along and see it, and I suppose they thought we were taking Bergman's part, although nothing occurred while they were fighting. On going outside I saw that the men separated. Someone made a hit at me sideways; I turned round and noticed that Matthew and Byfield were struggling in the court; Matt's head was bleeding, and I saw Byfield at close quarters with him with a life preserver. I rushed to his assistance and separated them. I dashed out of the court with Matthew, and was arrested by Forrester; while I was standing there with him, Byfield came through the crowd and stabbed me."

Matthew McCausland: "The statement of my brother I am satisfied with; everything he says I can swear is true. "

(Thursday, September 8.)

Verdict (each prisoner), Guilty.

A witness was called to the character of Matthew McCausland. Sentence was deferred until after the trial of Byfield. [This was before another Jury.]

 

  BYFIELD, Henry (28, porter) , feloniously wounding   Matthew McCausland with intent to murder him; (second count) with intent to do some grievous bodily harm.

Mr. Bodkin, Mr. Travers Humphreys, and Mr. Mercer prosecuted.

Police-constable   ERNEST FORRESTER repeated his evidence in the former case, and added: At Vine Street Station I heard prisoner say, "I stabbed him out of revenge. "

Cross-examined by prisoner. I saw nothing of the fight. I only saw you in Piccadilly Circus.

Police-constable   JAMES HOLDER , 66 C. I went to Forrester as he was holding Matthew McCausland, and saw prisoner come up and make several stabs at Matthew with a knife. Forrester handed prisoner over to me and Fleckner. At the station prisoner made the following statement: I was in Berwick Street with my pal, John Dyer. As we passed a public-house Matt and Mike McCausland, Joe Leonard, and Sid Bergman came out and fired revolvers at us. We ran away into Maidenhead Court; then I saw later Michael McCausland in custody; I stabbed him with a knife; I then ran after Matthew, and he was in custody of a constable at Piccadilly Circus; I struck at his heart with a knife, and intended to kill him out of revenge, as he intended to take my life. The McCauslands have been trying to cause a row with me and my pal Dyer ever since July 2. "

Police-constable   GEORGE FLECKNER repeated his evidence, and added: At the station prisoner made the following statement. "I was passing through Berwick Street in company with John Dyer, and as we got near a public-house Matthew and Michael McCausland, John Leonard and Sid Bergman rushed out of the public-house carrying revolvers and commenced firing at our legs. I ran through Maidenhead Court and came up with Michael, who was in custody, and I stabbed him with a knife. I then gave chase to Matthew. As I came to Broad Street he turned and fired at me, and I felt a pain in my left side; I followed him; in Golden Square he fired at me again and then ran towards Air Street and threw the revolver away; a boy picked it up and gave it to me. I kept running after Matthew, and in Piccadilly Circus I saw him in custody. I struck at his heart with my knife, and intended to kill him dead, to revenge myself, as he intended to take my life. "He then mentioned an incident of July 2, and continued, "The McCauslands and their pals have been searching for me and John Dyer, my pal, since, to cause a row. "When formally charged (as to Matthew) with causing grievous bodily harm by stabbing him with a knife, prisoner replied, "I never stabbed him; I struck him with the life preserver. "

To Prisoner. I did not see the onset of the fight. When I arrested you you did not turn round and say, 'There is the man who gave me the revolver. "

Police-constable   CHARLES FELL proved the plan.

Police-constable   ARTHUR GALLOWAY , 381 C. I assisted in taking Matthew McCausland to the station and afterwards searched him; I found no weapon upon him.

  CUTHBERT J. BLAIKEY , house surgeon at St. George's Hospital. I examined Matthew when he was brought to the hospital on July 10. He had five wounds on the scalp, face, and neck; they would be caused by some sharp instrument such as the knife produced; one wound on the head might have been caused by a life preserver. Matthew was in the hospital three or four days; his wounds were not in themselves serious.

Inspector   FOWLE. On the evening of July 10 I saw prisoner at the police-station. I said, "I understand you complain of having been shot. "He said, "Yes; they tried to put me out"; he pointed to the left side of his abdomen, and I found there a hole in his jacket and in his trousers and a small red mark on his abdomen. I told him he would be charged with attempting to murder Matthew McCausland by stabbing him with a knife. He said, "I am sorry I did not murder him; if I had known there was a bullet in the revolver I would have done it. Matt, Mike, and Sid Bergman came out of a public-house in Berwick Street as I was passing with Dyer, and as soon as they saw us they all commenced to shoot; Mike hit me with a bar of iron and threw a glass at me. I pulled out a life preserver and hit Matt over the head. It is all over a fight I had with Bergman the other day." Later I charged him with attempting to murder Matthew McCausland, and secondly with feloniously wounding Michael; he replied, "That first charge, sir, I did not stab him in the head; that was done with the life preserver up the court. "

Dr.   PHILIP HENRY DUNN repeated the evidence he gave in the McCausland trial.

To Prisoner. The wounds you had could not have been self-inflicted.

  NATHAN LEWIS repeated his evidence.

To Prisoner. I saw Matthew fire at you.

  MORIS LULKER,   JOHN DYER , and Police-constable   ROBBINS repeated their evidence.

(Defence.)

  HENRY BYFIELD (prisoner, on oath). In September, 1909, I was sentenced at this Court for something arising out of a quarrel with the McCauslands and their gang. On my release in July last I determined to take proceedings against some of the witnesses in that case, and the McCauslands therefore desired to have me sent to prison again. On July 10 the McCauslands attacked, me first, firing several shots at me; I defended myself with a life preserver. When the police arrived

the whole mob were running away; Matthew threw his revolver into an orderly bin; a boy picked it up and gave it to me, which accounts for its being found on me. When I got up with Matthew I lost myself; the man had wounded me, and I stabbed him in revenge.

Verdict, Guilty of wounding with intent to murder.

The two McCauslands were brought back for sentence.

Evidence was given of three previous convictions against Michael McCausland.

Matthew had not been convicted, but was given a general bad character by the police. Byfield had a long list of previous convictions, mostly for crimes of violence and assaults.

Sentences: Michael McCausland, 18 months' hard labour; Matthew McCausland, twelve months' hard labour; Byfield, five years' penal servitude.

BEFORE THE RECORDER.

(Wednesday, September 7.)

 

  NEWSTEAD, Charles Frederick (32, clerk), pleaded guilty of feloniously marrying   Amy Martha Eversfield, his wife being then alive.

It was stated that prisoner lived only a few months with his wife, whom he married in 1896; and in 1909 he went through the form of marriage with Amy Martha Eversfield, representing himself to be a bachelor. On being called she stated that it was not until six months after the marriage that she learned that prisoner was married; and that he had treated her very well. Prisoner stated that he had not seen his wife for twelve years.

Sentence, Nine months' hard labour.

 

  GOUGH, John (49, carriage washer), pleaded guilty of having been entrusted with one van, the goods of   Benjamin Cooper, in order that he might sell the same and return the money to the said Benjamin Cooper, unlawfully converting the said money to his own use and benefit.

It was stated that nothing was known against prisoner. The officer in charge of the case was not present. On prisoner stating he had been two months in prison, he was now sentenced to two days' imprisonment.

 

  GODDARD, Augustus (28, butcher), and   WATSON, Edgar Frederick (41, clerk) , demanding and obtaining from   Thomas Guntrip and others an order for the payment of £7 14s. 1d. by virtue of two forged letters each purporting to be a letter in course of transmission by post, well knowing the same to have been forged, and with intent to defraud.

Watson pleaded guilty.

Mr. Muir and Mr. Forster Boulton prosecuted; Mr. Lynch defended Goddard.

  HERBERT THOMAS BAYLIS , manager to T. Guntrip and Sons, commission agents, Catford. About March last prisoner opened an account with us. It is my duty to open the letters. On June 22 I received this betting slip from him signed "Guss" (Exhibit 9), backing Mercutio for the three o'clock at the Newcastle Meeting and Royal Realm for the 3. 10 at Newbury and 2s. 6d. each way. We always pay by the results as announced in the "Sportsman. "The two horses won their races and prisoner stood to win as the result of that week's betting £7 4s. 9d. Our week ends on the Friday and we pay on that day. On June 25 we received another letter from him (Exhibit 1), enclosing a betting slip signed "Guss" backing Crooked Answer Filly in the 2. 30 race and The Major in the four o'clock at Sandown Park for 5s. each way. Crooked Answer Filly won and The Major came in second. In the result we lost to prisoner about £1. We sent him this cheque for £7 14s. 1d. dated June 24 for balance due to him up to the week ending Saturday, June 25. The date June 24 is probably an error, because the cheque included prisoner's winnings on the 25th, as is shown by this copy account that was sent to him. On July 23 I received this betting slip (exhibit 10) signed "Guss" from him backing Swynford and Vigilance, which both won. The amount shown on the ticket as due to him is £3 15s. 11d. On July 22 I received another betting slip (Exhibit 11) signed in the same way backing Bouton Rouge and Chateau Vert at Hurst Park which both won, with the result that we owed him £2 19s. 10d. All his winnings were paid him by cheque in the usual way.

Cross-examined. He was introduced to us as A. H. Goddard; Guss was his nom de plume. Sometimes at the end of the week he lost and then he would pay us through George Davey, one of our agents, who had introduced him to us and who drew a commission from us in the event of our winning. I was under the impression that Mouton Rouge had won, but for all I know it may have lost and Davey sent us prisoner's money in postal orders.

Re-examined. This cheque for £7 14s. 1d. is in John Guntrip's handwriting. An account of which a copy is kept would always be sent with the cheque. We did not pay on Exhibits 10 and 11 in consequence of information we received from the General Post Office. (Mr. Lynch here admitted having received an account dated June 25, which showed that the cheque for £7 14s. 1d. included prisoner's winnings on that date, and that Exhibit 12 was a correct copy of that account.)

  FREDERICK WILLIAM DENHERT , postman, Forest Hill Post Office, At 1. 30 p. m. on Saturday, June 11, I was in uniform in the Swiss Cottage Hotel when Watson, saying he had seen me about on my bicycle, said that he knew of a way of defrauding bookmakers by means of forged date stamp impressions and that he had been doing it with the help of a postman for four years. He said that he would give the postman an envelope which he stamped at a time earlier than the race and then returned; that he Watson) then ascertained the name of the winning horse, enclosed it in the envelope, and returned it to the postman, who put it in the course of post. He asked me if I

could do one for him, and I said I thought I could. In accordance with the rules issued by the Post Office I reported the matter to my overseer. I afterwards received instructions from Mr. Stratford as to what I was to do. I saw Watson again on June 14. He said he had been that morning on his way to Catford to see a postman about getting a letter stamped and he asked me if I could get one stamped for his on either Thursday, Friday, or the Saturday following. I told him my hours of duty would not permit of my doing so. He offered me 2s. 6d. for each envelope I stamped and a share of the proceeds. It was I who put this postmark June 22, 1. 15 p. m.," on this envelope (Exhibit 9). At 8. 55 a. m. on that day I was in St. Jermyn's Hotel when he came in, branded it to me and asked me to get the 1. 15 stamp on it. It was unsealed and contained a blank piece of paper. We arranged to meet at the Swiss Cottage Hotel about 1 p. m. I handed the envelope to Mr. Stratford, who marked it with invisible ink. I then put on the stamp. I gave Watson the envelope at 1 p. m. and he gave me 2s. 6d., which I gave to Mr. Stratford. Subsequently Watson told me he had given the envelope to another postman. I got no winnings in respect of it. About 8. 45 a. m. on June 25 I met Watson again at St. Jermyn's Hotel. A few minutes later prisoner came in and talked to us, but not about this matter. After he had gone out Watson handed me another envelope (Exhibit 1), which I dealt with in the same way; it was marked by Mr. Stratford, I stamped it and returned it to Watson later that day on the arrival at the Swiss Cottage Hotel. He gave me 2s., which I gave to Mr. Stratford. I cannot remember whether I got any winnings out of that. I got Exhibit 11 from him on July 22 and I stamped it. I did not give it to Mr. Stratford but I manipulated the stamp so that I could identify it again. I returned it to Watson. I used to see prisoner almost every morning at the St. Jermyn's Hotel but I had no conversation with him with reference to these matters. I got Exhibit 10 from Watson on July 23 and I dealt with it in exactly the same way as I had with Exhibit 11. I cannot remember whether I got any money when I returned this to him but I generally did get something.

Cross-examined. Prisoner was a butcher's assistant. He was never really introduced to me; I used to call him "Butcher," like other people.

  FREDERICK CHALES CARTWRIGHT , messenger, G. P. O. On various dates between June 21 and July 12 I had kept observation on Watson. I had seen him frequently with prisoner. About 8. 30 a. m. on June 25 prisoner drove up in a cart to the St. Jermyn's Hotel, and Watson whistled to him. He then went into the hotel with Watson, and they stayed there 10 minutes. About 1 p. m. Watson met Denhert at the "Swiss Cottage Tavern. "I followed Watson to Brockley, and from there to Deptford Broadway, where a newsvendor lent him an evening paper. About 3. 26 p. m. he went to a telephone box in the High Street, where he remained, a little time. From there he went to Honor Oak Park, where he entered at 3. 55 p. m. a telephone cabinet in a tobacconist's

shop. From there he went to the stables of a Mr. Lyne, prisoner's employer. He remained there for two minutes speaking to someone. I followed him from there to Catford, where he remained in the vicinity of a pillar-box in Catford Road. At 4. 15 p. m. a postman cleared the box; Watson was waiting for him about 20 yards away. On June 22 I saw him go to St. Jermyn's Hotel, where he met Denhert. At 11 a. m. he went to Honor Oak Park Station, where he spoke for about 10 minutes to prisoner, who was in his butcher's cart.

  CHARLES ALFRED NEWLEY , overseer, Catford Postmen's Office. On June 25 I received instructions about examining letters collected at the pillar-boxes at 4. 15 p. m., which would not, in the ordinary way, have any postmark on them. I found this one (Exhibit 1) with a postmark on it, not that of the Catford, but of the Forest Hill Post Office, stamped 1. 15 p. m. I gave it to Mr. Stratford.

  EDWAD JOSEPH STRATDORD , clerk, Secretary's Office, G. P. O. In June I put myself in communication with Denhert, who from that day acted under my instructions. On June 22 he handed me this envelope (Exhibit 9), and I put "E. S. 1" in invisible ink upon it. I subsequently developed it before the magistrate. I gave it back to Denhert, who later gave me 2s. 6d. He handed Exhibit 1 to me about 12.15 p.m. on June 25, which I marked "E. S. 2. "It was open and contained a blank piece of paper. At 5 p. m. Newy handed it to me, and it was put in the course of post. Denhert reported to me with reference to Exhibits 10 and 11, and I gave him instructions as to them. On August 11, having communicated with Guntrip's, I had all the letters in my possession. On August 10 I saw prisoner at the G. P. O. and told him I was an officer in the Investigation Branch, and was making inquiries respecting these fraudulent betting letters, and cautioned him in the usual way. He made this statement, which I took down in writing (Exhibit 5): "I look at the letter dated June 22. I posted the letter myself soon after 12 noon on June 22, I believe, in the pillar-box at the corner of Rosedale Road, Forest Hill, but I cannot be certain as to the letter-box I posted it in. The betting slip was written by me and placed in the letter before I posted it. I look at the letter postmarked June 25. The betting slip is in my hand-writing, and I posted the letter in Forest Hill, I believe in the pillar box at the corner of Herschell Road about 12. 25 p. m. I look at the letter postmarked July 22. I posted it about 12. 35 p. m. in the box outside Honor Oak Park Station. The writing on the slip, with the exception of the figures is mine. I look at the letter postmarked July 23. I posted it soon after 12 noon in the pillar-box at Bovill Road. All the writing on the slip, with the exception of the figures, is mine. The cheques shown to me dated March 25 and June 24 were received by me from Messrs. Guntrip in payment of winnings made by me. I cannot be certain whether or not the cheque dated April 1 was received by me. "In my opinion the slips contained in the letters of June 22, July 22, and July 23 are all in his handwriting; they are all signed "Guss. "The slip in letter of June 25, which is signed "Gus," may or may not be in his handwriting; he said at the police court it

was not. I had received on August 8 a letter from him (Exhibit 13) from his address: "Sir, I understand from Messrs. Guntrip and Son, of The Park, Bromley Road, Catford, with whom I do business, they are making inquiries of you with respect to three letters I sent them on July 19, 22, and 23 last respectively. I wish to inform you that each letter bore Messrs. Guntrip and Son's printed address. Two of the letters I posted at the grocer's shop, at the corner of Rosedale Road, Forest Hill, at about 12. 30, and the other one in a pillar-box at the corner of Devonshire Road, Honor Oak Park, about the same time. Messrs. Guntrip duly received my letter and I am at a loss to understand what the inquiries are about. I should, therefore, feel obliged if you would reply to them at your earliest convenience, so that I can learn from them the result in due course. I am, sir, yours obediently, A. Goddard. "

Cross-examined. I was not aware of this letter at the time I interviewed him on August 10, when I told him I was making inquiries about fraudulent betting letters and cautioned him; it did not have much apparent effect on him. He did not ask me what I meant. I never referred to the fraudulent postmarks. He had no objection to signing the statement. I did not mention Watson's name.

Police-constable   ALBERT BLAKE , 527 A. On August 9 I arrested Watson. I found upon him this small book (Exhibit 6). (Mr. Lynch objected to its admission, and it was withdrawn.) On August 11 I arrested prisoner in the stables at the back of his employer's premises. I told him what I was and said that he would be charged with obtaining a sum of money from Thomas Guntrip by means of a falsely post-marked letter. He said, "No, sir—wrong, sir. "When formally charged he said, "False, sir. I contradict the charge. "

  LEWIS LYNE , butcher, 45, Honor Oak Park. About June 27 prisoner, who was my servant, asked me to cash this cheque for £71 4s. 1d. for his father, and I did so. I have three assistants. He is a roundsman and does stable work. The other two do the rounds and shop work, but not any stable work.

Cross-examined. His hours on a Saturday would be from 7 to 1.30 p.m., and he would then start again at 3 or 4 p. m. He has always borne the best of characters; he has been with me just under twelve months. He came to me with a good reference. His people are highly respectable and have lived in the neighbourhood all their lives.

  HENRY GEORGE COOK , distributor of "Evening News. "About 3. 20 p.m. June 25 I was distributing copies of the "Evening News" in High Street, Deptford. The "stop press" column states that Crooked Answer filly won the 2. 30 race at Sandown. It was rather a slow result that day. I should be distributing this edition, called the "Home Edition," that day from 5 p. m. It had not up to that time got the result of the four o'clock race at Sandown, which is extraordinarily slow. I should be distributing the 6. 30 edition at about that

time. It contains the result of the four o'clock race. The Major was second.

  GEORGE PARKER , Inspector S. E. District "Evening News," was called to corroborate the last witness, but there having been no cross-examination he was not examined.

Mr. Lynch submitted that there was no evidence to show that prisoner acted in concert with Watson in what he did. The Recorder held that there was sufficient evidence to go to the Jury.

(Defence.)

  AUGUSTUS HENRY GODDARD (prisoner, on oath). I drive Mr. Lyne's, a butcher, cart. About February last I started an account with Guntrip's. My winnings would be paid me direct on Monday mornings, the accounts being made up to the previous Saturday, and my losings I would pay through a Mr. Davey, their agent. Watson told me he could get very good information and I allowed him to make bets with Guntrip's in my name. I limited him to a sovereign each bet. He was to tell me what bets he had made for me. I had no knowledge that he was doing anything wrong. I would give him about a fifth share if I won. He paid nothing when I lost. This betting slip of June 25 (Exhibit 2) is not in my writing; it must be Watson's. Exhibits 9 and 10 and 11 are in the same handwriting. They are bets made by Watson for me on my authority. I learnt in August that it was suggested that the bets were not properly made and I told Watson what I had heard, and wrote on the 8th to the G. P. O. I was invited to attend there and I went and saw Mr. Stratford, who told me that I need not answer any of the questions he put to me, but that he was making inquiries as to fraudulent betting letters. That dazed me a bit. I made a statement to him which he wrote down and I signed. It is not true. I did not know what I was saying at the time. I did not understand what he was talking about.

Cross-examined. My wages are 23s. and a joint a week. My limit to Watson was £1 a week. I betted at times myself with Guntrips, who gave me £2 a week credit. At times I made the bets myself and then I would write the slips; sometimes I lost, sometimes I won. Exhibits 16, 17, 18, 19, and 20 shown to me are betting slips all written by me, on all of which I lost. They are written on bits of envelopes off letters that came to me. I see Exhibit 9 is written on a piece of envelope also The handwriting on it is a bit like mine; it is rather larger writing than mine. I believe Watson can give a good imitation of my writing. The writing on Exhibits 1, 10, and 11 is a bit like mine. I cannot swear that Exhibit 16 to 20 are in my writing; it is like it. Exhibits 9 and 19 have both got the name "Mercutio" on them. I first met Watson on Derby Day this year; he stopped me on my rounds and suggested he should make bets for me and save my time. I had seen him about before but not to speak to. He asked me if he could send on to Guntrips any tip he got and I said I did not mind. I let him have Guntrips' printed envelopes to do so. Sometimes he would find his own slip of paper to write on, sometimes I would supply him

with scraps of envelopes. I gave him a specimen of my handwriting to copy, so that he should write in such a way that they should think it was I who was writing. I do not know what that was for. I wrote the letter of August 8 to the. G. P. O. on Watson's instructions. I had not heard from Guntrips, but he had. He asked me to go to Guntrips to inquire why I had not received the winnings from my bets and my father went on August 3, as I had not the time, and they referred him to the G. P. O. I told Watson about this. The facts contained in the letter of August 8 are not true. Watson had given me to understand that the letters were just as if I had posted them. Watson did not tell me to mention his name either in the letter of August 8 or at the interview of August 10 and I only did what he told me.

Re-examined. I am living at home with my parents. There was nothing in the accounts I got to arouse my suspicion as to what Watson was doing. The account of June 11 shows three winners and three losers resulting in a win of 5s. 4d. for me. The account of July 2 shows a loss of £1 18s. 2d.

(Thursday, September 8.)

  LEWIS LYNE (recalled, further cross-examined). I have entrusted prisoner with large sums of money to pay into the bank and I have always found him honest.

Verdict (Goddard), Not guilty. (For sentence on Watson see p. 549.)

BEFORE THE COMMON SERJEANT.

(Wednesday, September 7.)

 

  STENNINGS, George (27, labourer), and   PEARL, Lewis (20; painter) , both possessing counterfeit coin with intent to utter the same.

Stennings pleaded guilty.

Mr. Pickersgill, M. P., prosecuted.

Detective   FREDERICK BIGGS , H Division. On July 22 at 6. 30 p.m. I was in Commercial Road with Police-constable Chambers when I saw the two prisoners and another man. I seized Pearl and said I was a police officer and believed he had some base coin in his possession. He dropped bad florin (produced) from his right hand. I picked it up and said, "This is a bad one. Have you any more like this. "He said, "No. Anyone would think we had done a murder. "I found another bad florin wrapped in paper in his waistcoat pocket, also two pieces of similar paper. He was taken to the station, charged, and made no reply.

Detective   GEORGE CHAMBERS , H Division. I accompanied the last witness and arrested Stennings, on whom I found 10 counterfeit florins wrapped in paper similar to that found on Pearl. I took Stennings to

the station and on further search found 20 bad florins and three half-crowns in his hip trouser pocket, wrapped separately in paper.

  WILLIAM JOHN WEBSTE , Inspector of Coins, H. M. Mint. The 32 florins (produced) are all dated 1910, and from the same mould; three half-crowns are dated 1910, and from the same mould. They are all counterfeit, pretty well made.

(Defence.)

  LEWIS PEARL (prisoner, on oath). On July 21 I met Stennings: he asked me where he could sleep. I told him Rowton House. He then treated me to a cup of coffee. The next night I met him at 5. 45; we walked on. He said, "Have you got any money?" I said, "No. "He gave me me two coins and said, "Get yourself something to eat. "We met another fellow and walked on together, when the officers arrested us. Chambers searched Stennings, found bad coins on him, and said, "It is all bad money. "I then took one out of my waistcoat pocket and looked at it when the third man, struggling to get away from the officer, knocked it out of my hand. The officer picked it up and said, "This is a bad one. Have you got any more?" I said, "Search me. "A crowd of people collected. I was ashamed, and said, "Anybody would think we had done a murder. "We were taken to Leman Street Police Station, where the officer searched me again. Before doing so he dropped two pieces of paper, which he says he took from my pocket. That is not true.

Verdict, Guilty.

Stennings was proved to have been convicted at Birmingham Sessions on April 20, 1909, receiving six months' hard labour for ware-house breaking; June 17, 1910, bound over for attempting to pick pockets. Pearl on June 16, 1910, received six weeks' hard labour for snatching a hand bag.

Sentences, Stennings, 12 months' hard labour; Pearl, 12 months' imprisonment under Borstal treatment.

 

  HAYES, Walter (36, bricklayer) , unlawfully uttering counterfeit coin twice on the same day.

Mr. Wilkinson prosecuted.

  ADA AMEY , barmaid, "Prince Albert" beerhouse, Old Ford Road. On July 29 at 6 p. m. prisoner called for a shandy-ale, handed me a 2s. piece, received 1s. 11d. change, and asked for a packet of Woodbine cigarettes, 1d., which he paid for. I examined the coin, called in Mr. Hall, who found the coin to be bad. Prisoner had then left. Hall followed him down Old Ford Road. I afterwards picked out prisoner from 12 others at the police station.

  ATANLEY HALL , landlord, "Prince Albert" beerhouse, Old Ford Road. On July 29 at 6 p. m. Amey showed me a coin which I found to be a bad florin (produced). Amey described prisoner, whom I saw 100 yards up the road. He entered the "City of Paris" public house, called for a shandy-ale, paid for it with a florin, received 1s. 11d.

change, and left. I followed him, told him I should give him in charge for uttering bad money, and handed him over to a constable.

  ALFRED LESSEURS , barman, "City of Paris" public house, Old Ford Road, corroborated the last witness.

Police-constable   HAY MILLS , 434 J. On July 29 at 6. 15 p. m. Hall pointed prisoner out to me and said in his hearing, "This is the man that tendered a bad 2s. piece in the 'Prince Albert' public house. "Prisoner said, "I think you have made a mistake. "I arrested and searched prisoner, found upon him 2s. 6d. silver and 6d. bronze good money. He was taken to the station, charged, and said nothing in reply. Amey picked prisoner out from eight others.

  WILLIAM JOHN WEBSTER , Inspector of Coins. The two florins (produced) are of different dates and from different moulds.

  WALTER HAYES (prisoner, not on oath) stated that he obtained the bad coins from a bookmaker and that he uttered them not knowing they were bad.

Verdict, Guilty.

Twelve previous convictions were proved, commencing in 1898, including 12 months under the Prevention of Crimes Act and three years' penal servitude and three years' police supervision for stealing watches. No previous conviction for coining.

Sentence, Nine months' hard labour.

 

  WILSON, Alfred William (17, fitter), pleaded guilty of forging and uttering, knowing the same to be forged, five several requests for the payment of money, in each case with intent to defraud; obtaining by false pretences from   Arthur Douglas Derry and others the several sums of £2 13s. 6d., £2 10s. 6d., 7s. 6d., £4 10s., and £13 13s., in each case with intent to defraud.

Sentence, Two months' hard labour.

 

  BROWN, George (28, porter), and   PHILLIPS, Edward (31, tailor), pleaded guilty of both uttering counterfeit coin; both possessing counterfeit coin with intent to utter the same; Brown assaulting   Charles Goodchild, an officer of the Metropolitan Police Force, while in the execution of his duty; Phillips uttering counterfeit coin twice on the same daly.

Brown pleaded not guilty of being a habitual criminal.

Mr. Pickersgill, M. P., prosecuted; Mr. Oddie defended (at the request of the Court).

The three statutory convictions proved were: Cardiff Quarter Sessions, July 6, 1900, six months' hard labour for stealing a coat; Glamorgan Assizes, July 30, 1901, three years' penal servitude, robbery with violence; at this court, March 21, 1904, five years' penal servitude and five years' police supervision, robbery with violence. Eight other convictions for larceny and fraud were proved. Prisoner was released on June 7, 1910, and arrested on August 1, when 45 bad half-crowns and a number of moulds were found in his possession.

Prisoner (on oath) stated that he had attempted to get work and had worked for an ice-cream maker for three nights a week.

Verdict, Guilty.

(Thursday, September 8.)

Convictions proved against Phillips: May 18, 1903, at this court 18 months' for stealing bicycles, after five previous convictions; stated to have been about five years out of prison.

Sentence, Brown, Three years' penal servitude and Five years' preventive detention; Phillips, 18 months' hard labour.

BEFORE JUDGE LUMLEY SMITH.

(Wednesday, September 7.)

 

  FORTUNE, Patrick (39, carman), and   BINGHAM, John (49, labourer), pleaded guilty of breaking and entering the shop of   Austin Reed, Limited, and stealing therein one waistcoat, their goods. A previous conviction was proved against Fortune.

Sentences, Fortune, 20 months' hard labour; Bingham, Twelve months' hard labour.

 

  WILLIAMS, Albert (27, engineer), and   WILSON, James Herbert (27, clerk) , both forging and uttering, knowing the same to be forged, four endorsements on four orders for the payment of money, to wit, four   American Express Company's cheques for the payment of 20 dollars each.

Mr. Leycester prosecuted.

  RAYMOND GOSH , law student. I am passing through England, travelling to the Continent. In July I was staying at 27, Gower Street. On July 14 I had four American Express Company's orders of $5 each. I signed them at the top. The counter-signatures on them are not mine and I gave no authority for them to be signed. Finding I had lost them I notified the American Express Company to stop payment on July 15. I do not know prisoners.

  JOHN THOP , manager District Messenger Company, Leadenhall Street, E. C. On July 15 Williams came in at about 11.45 a.m. He handed in a letter unaddressed and asked me to send it to the National Provincial Bank. I asked him which branch. He said Queen Street or somewhere. I looked it up in the directory, addressed it to 112, Bishopsgate Street, and sent a lad with it and told him to wait for an answer. Williams said he would call again. He returned in about ten minutes. In the meantime the boy had returned with the message that the bank manager wanted to see Williams.

Cross-examined by Williams. I looked in the directory and found the address of 112, Bishopsgate Street, and you said, "That is the one."

Cross-examined by Wilson. The envelope was sealed up when I got it. Williams made out that he did not know which branch he wanted it sent to.

  WILLIAM COLLINS , District Messenger boy. I took the letter to the bank. I saw Mr. Stephenson there and asked for an answer. They gave me a message to take back. I was gone about fifteen minutes.

To Wilson. I have never seen you before.

  EDWIN JOHN STEPHENSON , sub-manager national Provincial Bank, 112, B. shopsgate Street Within, E. C. Last witness brought me the sealed envelope. I was at my desk in the City manager's office, which is screened from the general office by a glass and mahogany partition. Opening the envelope I found the four American Express Company's cheques. Our bank is one of the paying agencies of that company; it states so on the face of the cheque. I noticed "Charing Cross Hotel" on the flap of the envelope. I gave the boy a message and said I should keep the orders. Sitting at a desk adjoining mine was Mr. Gardiner. While Collins was waiting I saw Wilson at Mr. Gardiner's desk. I am not certain he was there while I was talking to the boy. I did not hear what he said to Mr. Gardiner. I should say he could not hear what I was saying to the boy. The police called while I was out at lunch. (To the Judge.) Nobody came back for the cheques.

  WILLIAM DAVID GARDINER. I saw Wilson on July 15. He said he wished to open an account, that he had an account with the Chartered Bank of India and wished to transfer his balance of £290 or £390 to us. I asked him to give us a specimen of his signature in our signature book, and asked if we might make inquiries at the Chartered Bank as to his respectability. I gave him a paying-in book and he left. I could not read his signature at first; he spelt it over afterwards as John Whitham. He then gave a specimen signature in the book, which was more legible, and his address as Queen's Hotel; profession, manager rubber company. I noticed the messenger boy but cannot swear Wilson was there at the same time.

To Wilson. I cannot say if the sub-manager was there when you entered the office; I did not notice. He was there at some time while you were there. I cannot say he spoke to you.

  JOHN BURGESS , manager current account department, Chartered Bank of India. Mr. John Whitham was a customer of our bank and a manager of a rubber company. His account was closed on June 20. He had no balance on July 15. I have seen Wilson once with Mr. Whitham at the bank.

To Wilson. I do not know what you came to the bank with Mr. Whitham for; Mr. Whitham asked to see some paid cheques of his.

  JOHN WHITHAM. I was formerly manager of some rubber estates in Malay State. I am living at a nursing home at Rickmansworth. I know Wilson. He had no authority from me to transfer any account from the Chartered Bank of India to the National Provincial Bank. I saw him early in July.

To Wilson. You called at Rickmansworth. I did not ask you to ascertain how much was to my credit at the bank; I said you could

ask at the bank if you liked. I said I had signed my banking account over to my father. I did not say I did not think it was legal or that I would like to have it transferred so that he should not have it. I recollect no occasion when I have sent you to cash a cheque. I have no recollection of asking you to write a note to the bank to stop a cheque for £18 which I had given in respect of a pony. It may have occurred you went with me to the bank when I stopped a cheque.

Detective   FREDERICK GUNNER , City Police. On July 15, about 11.5 a.m., I was in Leadenhall Street. I saw prisoners with another man, who gave the name of Liston, by Bishopsgate Street. They walked to the District Messenger office, 120, Leadenhall Street. Williams entered there, leaving the other two in the doorway of No. He came out, spoke to the other two, then ran along to Bishops-gate Street to the National Provincial Bank, where Wilson entered. I followed him in. I came out before him. He took three paying-in-slips from the receptacle on the counter, then came outside, stood on the steps several minutes and again entered the bank. I went and stood some distance across the road. He came out of the same door that he went in. Williams was on the opposite side of the road. He walked along to Crosby Square and had a conversation with the other man not in custody. They returned one behind the other to Leadenhall Street, where they stopped, spoke, parted, and returned to Crosby Square. They stood there several minutes, then left, one following the other hurriedly to Leadenhall Street, East India Avenue, where they met Wilson. After a minute or two's conversation, Williams left them and entered the messenger office. I went in to see what his business was and he left as I was entering. In consequence of what the manager told me I followed Williams back to Wilson and Liston. He spoke to them a little while. They left hurriedly. I followed them to Whittington Avenue, and through Leadenhall Market, where I obtained the assistance of several uniformed officers and had them arrested. I said, "I am a police officer, and shall arrest you for being concerned together as persons frequenting Leadenhall Street and Bishopsgate Street. "Wilson replied, "Oh, God!" The others made no reply. At the station they were detained for inquiries. They were afterwards placed with ten other men and identified by the boy Collins. I found out about the cheques after I had been to the bank. I said to Williams, "Can you account for how you became possessed of these cheques?" He replied, "They were given to me by a man I do not know, but I was going to meet him later. A paying-in book was found on Wilson. Nothing relating to this charge was found on Williams except Exhibit 6, a piece of paper with Mr. Whitham's name on.

To Wilson. I have the wallet that was taken from you at the station. The papers were wrapped up; they were not in a piece of elastic inside the wallet. They were loose.

Police-constable   ARTHUR CLEMENTS. I took Wilson to the station. While there he put his hand inside his jacket pocket, apparently endeavouring to tear up something. Seeing that I was noticing he pulled his hand out with a piece of paper in it. It fell on his knee.

I said, "You have dropped something. "He picked it up and put it back in his pocket. It was not torn when he brought it out of his pocket.

(Defence.)

  ALBERT WILLIAMS (prisoner, on oath). On July 15 I was going to Sandown Park. Going into York Road, Waterloo Station, I met a man named Wilkins, who asked me to go to the City for him. I consented. At the Bank of England he gave me an envelope sealed up, which he asked me to take to Leadenhall Street Messenger Office, and wait for an answer. I did so, and the messenger boy came and told me the manager wanted to see me. I was walking away to try and find Wilkins (I had an appointment with him) when Detective Gunner and three policemen arrested me.

Cross-examined. It was three or four hours after I was arrested when Detective Gunner asked me where I got the notes from. I had known Wilkins two or three weeks. I do not know his address. He travels race meetings and can be found at any race meeting, I believe. He makes a small book. I met Wilson by appointment at Waterloo that morning. Then we met Wilkins going up the slope. I had £3 12s. or £3 14s. on me and was trying to get some more to make a small book. Wilson was going to clerk for me. We met Wilkins by accident. We had not taken our tickets because it was too early. Wilson was there when Wilkins asked me to go to the City. Wilkins said, "If you go and do some business for me I will pay you what I owe you," about £6 8s. I did not ask what the business was. Wilkins had the money to pay me then, but told me he would pay me if I delivered the letter and brought back the answer satisfactorily. He told me he had other business to do. We three went in a taxi to the Bank of England, then Wilkins went off in another direction. I do not know if Wilkins invited Wilson to come or why he came. Wilkins gave me the letter in the cab. I do not remember but I do not deny saying at the Mansion House that it was in York Road. He told me to take it to the messenger office in Leadenhall Street and send it round to the National Provincial Bank. It did not occur to me to tell him it would be less trouble to take it to the bank myself. Wilson went with me to the messenger office. I did not ask him to go; he followed voluntarily. Nothing was said about him getting anything for coming. He was coming to the races with me if Wilkins paid me. Wilkins arranged to meet me at half-past 12 at Leadenhall Market. I did not know Wilson was going to the National Provincial Bank; it was a pure coincidence.

  JAMES HEBERT WILSON (prisoner, not on oath). I have nothing further to add to what I said at the police court. (Statement read.) At the time we transacted business at the Chartered Bank, Mr. Whitham said to me, "I wonder if I have written any more cheques which I was not aware of," and he asked Mr. Burgess to bring his cheques to see if he had written them. When they were brought Mr. Whitham

said all the cheques were in order except one for £18, which had been presented that morning and stopped. Mr. Stephenson said I was in the bank 10 minutes, so it would have been impossible for me to have been there during the time the boy was there if he was back in 10 minutes. The assistant manager said he had never spoken to me; Mr. Stephenson said he did. The manager was not there at all while I was there. I went in and asked Mr. Stephenson what procedure I would have to go through and he evidently took me to be Mr. Whitham. When he asked for references I gave the Chartered Bank of India. I told him where Whitham worked and that he could apply to Sir Thomas Barlow, of Eastcheap, for his reference. The messenger boy said the first time he had seen me was at the Mansion House Police Court. I asked had he ever seen me in the office and he said, "No. "If I was watching the messenger boy is it likely I should go into the manager's office and want to transfer another gentleman's account; would not that be rather giving myself away? I went there by the authority of Mr. Whitham. He admits he gave me permission to go to find out how much money was to his credit. If I had been to the National Provincial Bank to watch the messenger boy my suspicions would have been aroused and I would have gone back to Williams and told him not to go near the messenger office; instead of that I went back and asked him had he transacted his business; he said, "No; I have to call back at the messenger office here. "He went there and came back a moment afterwards and said, "I want to see Wilkes, or Wilkins—I do not know the man's name properly—they want me to go back; they want him"; he did not say why.

Verdict, Both Guilty of uttering the cheques knowing them to have been forged.

Several convictions were proved against Wilson. Nothing was known about Williams; he had given a false address and did not wish any inquiries made.

Sentences: Williams, 11 months; Wilson 17 months; both with hard labour.

 

  KENT, William Alfred (42, wireman), pleaded guilty of feloniously marrying   Florence Ann Barnes, his wife being then alive.

Sentence, Two months' hard labour.

 

  FORD, JOHN, otherwise JAMES MURPHY (26, labourer), pleaded guilty of breaking and entering the office of   Robert Outram and Company, Limited, with intent to commit felony therein; being found by night having in his possession, without lawful excuse, a certain implement of house-breaking, to wit, one jemmy; stealing one pair of spectacles, the goods of   Joseph Everett. He pleaded not guilty of being a habitual criminal.

  GEORGE GALE proved service of notice on prisoner on August 16 at Brixton Prison. The three statutory convictions proved were: 1905 (as Arthur Jeffcott) at the County of London Sessions, 15 months' hard labour for felony; at this court, October 21, 1907, 20 months' hard labour for breaking and entering (as Jas. Murphy); at Leeds City Sessions

April 15, '09 (as William Fitzgerald), 18 months' hard labour for breaking and entering. On that occasion prisoner admitted before the Recorder, Mr. Tindal Atkinson, that he had done no work since 1906 and said that he did not intend to do any.

Verdict, Guilty.

Sentence, Three years' penal servitude and Five years' preventive. detention.

 

  BARNETT, Samuel (19, coster) , stealing one watch, one chain, and one gold seal, the goods of   Uriah Bower Brodribb, from his person; assaulting   James Glendenning, with intent to rob him.

Mr. T. E. Morris prosecuted.

  JAMES GLENDENNING , 136, High Road, Waltham Cross. On August 16 at 5. 30 p. m. I was looking in a shop window in Bishopsgate Street Without. As I turned to walk away prisoner came up to me face to face. I said, "What do you want?" He did not reply. I had a gold chain. He snatched at it, pushed me in the stomach and ran away. I looked down and saw part of my chain was hanging. I said to someone standing by, "That man has got my watch. "I ran, shouting "Stop thief. "I never lost sight of prisoner. He ran into a policeman's arms.

Police-constable   HARRY GIBSON. I heard the cry "Stop thief" and ran to the corner of Artillery Lane and Duke Street. I saw prisoner running in front of a crowd. I caught him. He said, "All right, governor, I ain't took nothing. "Prosecutor came up and said "He has just snatched my watch at the bottom. "

Verdict, Guilty.

Several convictions were proved.

Sentence, Twelve months' hard labour.

BEFORE MR. JUSTICE HAMILTON.

(Thursday, September 8.)

 

  RICHARDSON, George (36, labourer) , feloniously wounding   Florence Stevens with intent to kill and murder her; second count, with intent to do her some grievous bodily harm.

Mr. Symmons prosecuted; Mr. W. J. Spratling defended.

  FLORENCE STEVENS. I lived with prisoner for nine or ten years; I left him at the beginning of June and went to live with another man at 5, Stanhope Street, Deptford. On June 24 about half-past seven p. m. prisoner called there and saw me; he asked me if I would go back with him; I refused; he said, "You don't mean to come back?" I said, "No," and turned to walk away. I felt him punch me about the head, I do not know whether it was with a knife or not; I fell to the ground unconscious. I was in hospital for some three months and am still an out-patient. I recognise the knife produced; it belonged to prisoner.

Cross-examined. While I lived with prisoner he had been very kind to me and had never put his hand on me; we both loved each other. I know that he has been suffering with a bad back. On the evening in question he was drunk.

  ELLEN COOPER , 5, Stanhope Street. I saw Stevens with the prisoner, and heard that they were rowing. Presently I heard a scream and on going to the passage found Stevens lying in a pool of blood. I said to prisoner, "What have you done?" He made no answer, but ran away. He did not appear to me to be drunk.

  JANE COOPER spoke to seeing the two parties together and hearing them quarrelling.

  ELIZABETH SMITH , 11, Stanhope Street. On hearing screams I went to, Stanhope Street and there saw the two Coopers lifting up Stevens, who was bleeding. As they lifted her the knife (produced) fell at my feet; there was blood on the handle and blade.

Police-constable   REUBEN REID , 21 R. R. I was called to 5, Stanhope Street and there saw Stevens lying unconscious. I fetched Dr. Conway and afterwards took Stevens to the Miller Hospital.

  DONALD F. SKENE , house surgeon at the Miller Hospital. I saw Stevens on her admission at 8. 30 p. m. on June 24. She was suffering from shock, the result of haemorrhage. She had five punctured wounds at the back of the right side of the chest and an incised wound on the head. She remained unconscious for some hours; her condition was so dangerous that when she recovered consciousness a statement was taken from her. She was discharged from the hospital on September 5; she still has to attend daily for attention to be given to a sinus in her chest. All the wounds I saw might have been inflicted with the knife produced.

Sergeant   FRANK BEAVISH , R Division. On the night of June 24 I saw prisoner; he had been drinking heavily. I told him I should arrest him for attempted murder. He said, "Is she dead?" I said, "No. "He said, "I done it; serve her right; I lived with her for nine year and when my back was so bad she left me; she is a bad woman; I should not have done it if I had not had a drink. "In consequence of his condition he was detained that night and charged next morning.

Inspector   BAXTER , R Division. On June 25 I saw prisoner at the station and told him he would be charged with attempting to murder Florence Stevens by stabbing her with a knife. He said, "It cannot be helped. "Then he said, "Who said she is Stevens? she is Flo Richardson."

(Defence.)

  GEORGE RICHARDSON (prisoner, on oath) said that he had lived with Stevens happily for ten years and looked upon her as his wife. Last February he had an attack of asthma, which led to a huge abscess on his shoulder; he had to be operated upon and was in hospital for a month. When he came out he found that his reputed wife had left him. Prisoner continued: On June 24 I went to 5, Stanhope Street, to fetch

her. I said to her, "Flo, why don't you come home and let things be by-gones; you know how bad my back is; I shall soon have to go to the infirmary and I don't want to go there any more. "She said, "I cannot come back no more now I have done this. "The knife produced I have had four or five years, and I always carry it with me; it is hard to open, and I keep it in my pocket open with a little plug of wood at the end of the blade. On this day, being in such misery and pain, I had been walking about drinking from public-house to public-house. When I saw Stevens I must have lost control of myself; I do not know what occurred. I certainly did not go there with the intention of going her any harm.

Verdict, Not guilty of attempted murder; Guilty of wounding with intent to do grievous bodily harm.

Sentence, 12 months' hard labour.

BEFORE THE RECORDER.

(Thursday, September 8.)

 

  PERKINS, William Alfred (16, dealer), pleaded guilty of unlawfully wounding   Millie Cox, the jury having formally acquitted him of feloniously wounding, the charge on which he was originally indicted, and as to which no evidence was offered.

Sergeant Cox stated that the case was one of jealousy, the prosecutrix being a girl of 15, with whom prisoner had walked out once. His character when at work was very good, but it was his habit to associate in the evening with hooligans.

Sentence, 12 months' imprisonment without hard labour, the Recorder recommending that, as far as possible, prisoner should be dealt with under the Borstal system.

 

  CRAYMER, Henry Adolphus (50, printer), pleaded guilty of feloniously marrying   Alice Harriet Drake, his wife being then alive.

  ALICE HARRIET DRAKE stated that she had lived for nine months with prisoner as his wife, and had supported him: that she did not know of his former marriage; that no impropriety had taken place before marriage; and that he had treated her very kindly.

It was stated that prisoner had lived 21 years with his first wife, who had obtained a separation order against him for persistent cruelty; that he had absconded with £40 when he was a clerk; and that he had pawned Miss Drake's clothing. A previous conviction was proved against him on July 3, 1895, for felony, at the Westminster Police Court, with a sentence of six months' hard labour.

Sentence, Two years' hard labour.

 

  HARRIS, George (36, commission agent), and   BERRY, William (32, barman), pleaded guilty of breaking and entering the dwelling house of   Oswald Niblett and stealing therein one mackintosh and other articles, his goods; and of attempting to break and enter the dwelling house of   Alice Ives, with intent to steal therein.

HARRIS confessed to a conviction of felony at the Clerkenwell Sessions on June 6, 1905, in the name of George Alexander; and BERY to a conviction of felony at the Newington Sessions on August 24, 1909. On Harris pleading not guilty to being a habitual criminal, the Recorder stated that this was not a case in which he would feel justified in sentencing him to penal servitude, and therefore he could not be so indicted.

Sentences, Harris (against whom eight previous convictions were proved), 20 months' hard labour, the Recorder remarking that he would give him one more chance; Berry (against whom two previous convictions were proved), ten months' hard labour.

 

  HARDING, James (24, gardener), pleaded guilty of breaking and entering the dwelling house of   James Badenoch, with intent to steal therein.

Prisoner confessed to a conviction of felony at this court on September 10, 1907, in the name of James Carlton, when he was sentenced to three years' penal servitude. Previous convictions were proved against him, including one of eight months at North London Sessions on November 10, 1903, for burglary.

  WILLIAM CRAWFORD , estate agent, 34, Crown Road, St. Margaret's-on-Thames, stated that prisoner was in his employ from August, 1904, to March, 1907, and that he had always found him honest.

Sentence, 12 months' hard labour.

 

  HARDING, Harry (39, agent), pleaded guilty of feloniously marrying   Mary Ann Tilley, his wife being then alive.

Prisoner was married on December 26, 1891, and went through the form of marriage on November 8, 1906, with Mary Ann Tilley, who knew of his marriage, but took no steps to inquire into the irregularity which she had been informed had attended it. She had had a child by him previous to the ceremony. Prisoner bore a general good character.

Sentence, Three days' imprisonment.

 

  CUITTO, William (20, labourer), pleaded guilty of, having received the sum of 6s. 6d. from one   Ising See Shang, fraudulently converting the same to his own use.

It was stated that during the past 12 months prisoner had done no work, and had associated with bad characters; that on August 2, 1910, he was bound over for stealing money; and that he was a detrimental.

Sentence, Nine months' hard labour.

 

  SMITH, Sidney (19, porter), pleaded guilty of embezzling the sum of 19s. 10d., which he had received for and on account of   Jones Brothers, Limited, his employers.

Prisoner was released on his own recognisances and those of his father in the sum of £10 each to come up for judgment if called upon.

 

  McNAIR, Frederick (46, traveller) , having been entrusted with £3 by   Jane Lee in order that he might deliver the same to   Hugh Alfred Mather, fraudulently converting the same to his own use and benefit.

Mr. Passmore prosecuted.

  JANE LEE , wife of Thomas Lee, blacksmith, 65, Gray's Inn Road, W.C. On June 8 prisoner came to lodge with us. On July 6 I could not pay £13 11s. 4d. due for taxes, and prisoner said he would go and see the collector and try and get him to give me time to pay. He came back and said it had to be paid at once, and asked me how much money I had towards it, and I told him £3. He said, "Could you not make it half?" and when I said I could not he said he would try and manage it for me, but I must give him that and £3 15s. more on the Saturday, which would be half. I gave him the £3 and promised him the further sum on Saturday. This was on July 7. He went away and on his return he said he had paid it and gave me this receipt for £13 11s. 4d., headed "197, High Holborn, W. C," and signed "George Clarke West, Collector of Rates and Taxes. "He said West was an official of the Holborn Borough Council. I thanked him for his kindness. This was on the Thursday and on the Saturday the official receipt, which he had promised, not having come, I sent to the offices to inquire. My husband spoke to him. He wanted the receipt back, but my husband refused to give it up. On the following Monday prisoner came to the shop and I asked him if he would give me my money back and he said he would try and get it for me. He went away and I never saw him again. On the morning of that day I found on inquiry from the rate collector that nothing had been paid and I have since been called upon to pay the whole rate. I gave him the £3 to pay the rates with.

Cross-examined by prisoner. You offered to help me in this. I did not ask you to do so. The letter of the 12th that I received from Mr. Matter I gave to the officer. This is my letter that I wrote to you on July 15 threatening you with a warrant if you did not give me my £3 back.

(Friday, September 9.)

  HUGH ALFRED MATHER , rate collector, Metropolitan Borough of Holborn. Early in July I took Mrs. Lee a final notice for the payment of £13 11s. 4d. for taxes. Shortly afterwards prisoner came to me and said that Mrs. Lee was rather alarmed at it and asking me to extend the time for payment. I told him I would do the beat I could, and he suggested she should pay by instalments. I told him it was not usual, but that if she would pay half the amount at once I would allow a further time for the balance. The next thing I heard of the matter was when Mrs. Lee sent her daughter to me to ask why I had not forwarded the official receipt and she brought with her this receipt (Exhibit 1). Prisoner has never paid me anything and this was never issued by me or any one connected with the borough. I

have never heard of George Clarke West. I never issue receipts except on official forms.

To Prisoner. I presumed the letter I got on July 9 was from you. I have not brought it with me. I did not say that if half the taxes were paid by Monday, the 11th, I would let the remainder stand over; I said that the half must be paid at once.

Detective-sergeant   WILLIAM BOOTHEY , E Division. On July 23 I saw prisoner detained at Gray's Inn Road Police Station. I told him I was a police officer and held a warrant for his arrest for unlawfully converting £3 entrusted to him by Mrs. Lee to his own use. He said, "I understand. "On reading the warrant to him he said, "I am surprised. I had a letter from Mrs. Lee and was going to pay her back as soon as possible. I have been out of town just lately. "On searching him I found some memos. I said to prisoner, pointing to the bottom of one of them (Exhibit 2), "This is your handwriting, is not it?" and he said it was. On being charged he said, "This is a fine thing for trying to do anybody a good turn. "I found no money on him. After he was committed I asked him who West was and his whereabouts. He replied that he was a friend of his and that he did not know where he lived or where I could find him.

Prisoner's statement before the magistrate: "I wish to be sworn to give evidence. "

(Defence.)

  FREDERICK MCNAIR (prisoner, on oath). On the Thursday Mrs. Lee asked me to help her with the payment of these rates as I had money and I went to see Mr. Mather to see what I could do. He said if she paid half the amount by Monday the other half could be paid by the end of the month. I told Mrs. Lee and she gave me £3 towards the half, I saying I would try to help her. As I was going out of town I asked a friend of mine, George Clarke West, who had worked with me, and who owed me £8 17s. 6d., which he was to pay me on the Monday, to look after it for me, giving him £4 13s. 10d., so that he could pay the taxes in full on the Monday. He gave me a receipt for it, which I wrote out because he had hurt his right arm in falling off a bicycle. On Saturday night Mrs. Lee's husband told me the money had not been paid and I said it would be on the Monday or Tuesday and that I had given it to a friend to pay. I showed him the receipt and he grabbed it out of my hand, along with a postal-order for 10s. that I had. I then went to the police-station and told them the circumstances and they told me to wait till the Monday. I wrote, telling Mrs. Lee what I had done, and then went away on my own business. I returned on July 22 and found the money had not been paid, and I immediately offered to repay her the money, but she has taken no notice of it. I am willing to refund it now.

Cross-examined. I never told Mrs. Lee that I was going to get somebody else to pay it. I have known West for years. He lives somewhere in Bermondsey, but I do not know his address. I have

trusted him often. I have offered Mrs. Lee the £3 on two or three occasions.

Verdict, Guilty. Sentence, 12 months' hard labour.

BEFORE THE COMMON SERJEANT.

(Thursday, September 8.)

 

  TAYLOR, William (43, carpenter), and   WALLACE, Arthur (33, machinist) , both feloniously possessing moulds upon which were impressed the obverse and reverse sides of a florin; both possessing counterfeit coin with intent to utter the same.

Mr. Beaumont Morice prosecuted. Mr. Eustace Fulton defended Taylor.

Wallace pleaded guilty.

Inspector   WILLIAM GOUGH , E Division. On August 13 it midday with other officers I entered the front room on the ground floor of 2, Baldwin Terrace, St. Peter's Road, Islington, where I found the two prisoners and a woman named Collins. I said, "We are police officers, I have good reason to believe that you are in possession of counterfeit coin and that you make it here. "Taylor said, "I am a friend of Wallace. "Wallace made a statement. I afterwards said, "Who has the key of the next door, which is locked?" Wallace pretended not to understand me. I burst the door open and entered the back room on the ground floor with the prisoners. It was unfurnished, apparently a workshop. I found a packet of 11 5s. pieces, counterfeit, dated 1889; a packet of nine florins, dated 1887; 15 florins, dated 1900; one florin, dated 1901; seven florins of 1887; a packet containing four florins of 1887 and eight of 1900; two bent florins in paper, dated 1900; two moulds, one for florins dated 1887, one for florins of 1900; a third mould broken; ladel containing metal, tiles, saucer containing sand, bottle of cyanide of potassium, packet of plaster of paris, spoon, candle, packet of alum, file, and a photograph of Wallace. Wallace said, "My missis I am living with is the landlady of the house. I see what has been found, but it has nothing to do with me. Taylor is a friend of mine, and uses the room when he comes sometimes, that is all I know about it. "Collins said, "I am a machinist, and rent No. 2, Baldwin Terrace. Wallace is living with me. The room in which the coins have been found I do not know anything about. Mr. Brown (i. e., Taylor) rents the room—these too and the back kitchen downstairs are mine. "Taylor said, "I say I am a friend of Wallace. I met him yesterday in Shoreditch and came here with him. I have known Wallace about three years. I have met him before, and he asked me to come. "The prisoners were taken to Upper Street Police Station. Taylor said, "There was none found in my possession. "He was searched. In his possession was found 10s. gold, 20s. 6d. silver and 3d. bronze, good money, a watch, metal chain, and a purse.

Sergeant   JOHN KENWARD , E Division. I searched Taylor's lodgings at 4, Cheshire Street, Bethnal Green, where I found photo of Wallace (produced).

Detective   ALFRED SANDERS , E Division. I have kept observation on 2, Baldwin Terrace. On Monday, August 8, I saw Taylor enter at 12.10p.m. and leave ten minutes afterwards. On August 10 at 8.15 p.m. I saw Taylor and Wallace leave, go to the "Island Queen" public house, Hanover Street, remain there half an hour, and return together to 2, Baldwin Terrace. On August 11 at 11 a. m. Wallace entered. Taylor entered at 4 p. m.; they both left at 6. 20 p. m., and went to the "Horns" public house, Kennington. On August 13 at 10. 45 Wallace entered; Taylor entered at 12. 40 p. m. Shortly afterwards I entered with Superintendent-Detective Gough and other officers.

  NELL COLLINS. I occupy 2, Baldwin Terrace, and let all the rooms except two. I have been living with Wallace for some time; he occupied the front parlour. I first saw Taylor, whom I know as Brown, on Thursday, August 4; he called and saw Wallace again on Monday; he came on Tuesday about some money that was borrowed by Wallace; he then took the back room on the ground floor at 2s. 6d. a week; I made out rent book (produced) wrongly at the request of Wallace, showing that Mr. Brown had taken and paid rent for the room from July 23. I received one week's rent. I got in a quarter of a hundredweight of coal and some wood on the Wednesday or Thursday. I heard the fire going in the back room. I received 1s. from Taylor for the coal and wood.

Cross-examined. I have had the back room empty a long time; it was unlocked; we used to go in and out. It was locked on the Wednesday after I had let it. I never showed the rent book to Taylor.

Verdict (Taylor), Not guilty.

 

  WALLACE was then indicted for that he is a habitual criminal.

The three statutory convictions proved were: February 22, 1902, Middlesex Sessions, three years' penal servitude and two years' police supervision for horse stealing; September 17, 1904, North London Police Court, six months' hard labour and license revoked for stealing a bicycle; July 27, 1907, at this Court, four years' penal servitude for housebreaking. Having been released on July 19, 1910, he was arrested on August 13. Several other convictions were proved.

Verdict, Guilty.

Sentence, Three years' penal servitude and five years' preventive detention.

 

  MORGAN, Alfred (47, agent), and   EMERIC, Harry (53, broker) , both uttering counterfeit coin twice on the same day.

Mr. Pickersgill, M. P., prosecuted.

  JOHN WOODS , barman, "Wheatsheaf" public house, South Lambeth Road. On July 8 at about 4. 45 p. m. Morgan asked for a mild and bitter, paid 1 1/2 d., and then asked the barmaid for some cigarettes, tendering a 2s. piece, which I took to the manager; he found it bad, and told me to follow Morgan, who had gone out. I saw him join Emeirc

on the other side of the road; they went to De Beauvoir Road, where he entered a coffee shop with Emeric. I spoke to the coffee-shop keeper.

Cross-examined. Morgan asked me about an automatic machine or piano, and he said he wanted to see the manager about his having one for the bar.

  GERTRUDE WILLIAMSON , barmaid, "Wheatsheaf" public house. On July 8 about 5. 30 p. m. Morgan asked me for a packet of cigarettes, 3d., gave me 2s. piece, which I told the barman to take to the manager, who told Morgan that it was a bad one, returned it to him, and he left after paying me 3d. for the cigarettes.

  EDWARD RUSSELL , manager, "Wheatsheaf" public house, corroborated the last two witnesses, and added: I afterwards saw the two prisoners in the coffee shop, 111, Wandsworth Road, where they were having some tea. I pointed them out to the police as having tried to pass a bad 2s. piece.

  DAVID GUINNESS , 111, Wandsworth Road, coffee-house keeper, On July 8 about 6 p. m. prisoners came in together and ordered some food. Emeric gave my daughter a coin, which I tested and found to be a bad florin. I took it to them and asked who it belonged to. Emeric said, "Me. What is the matter with it?" I said, "It is a bad one." He said, "No, it is not," and paid me 8d. for the teas. Woods made a communication to me. The prisoners were then arrested. Morgan threw the florin among some papers and said, "Let it lie, and take no notice. "This was while one of the officers was holding Emeric and searching him.

Police-constable   JOHN CHAPPELL , 187 W. On July 8 I went to 111, Wandsworth Road, with another police-constable. Guinness said: "This man (Emeric) has uttered to me a bad 2s. piece. "Morgan said, "Go on, that ain't a bad one. "I searched Morgan, found a bad 2s. piece in his right trouser pocket. Emeric was being searched by the other police-constable. He took from his pocket a bad florin and threw it among some papers. I picked it up and said it was bad. He said, "He (Morgan) gave it to me to pay for our teas. "When charged Morgan said, "You are a liar. I had no bad money on me." Emeric said, "I had no bad coins on me. He gave me a 2s. bit to pay for a tea. "On Morgan was found 1s. 6d. silver and 3d. bronze, good money.

Police-constable   HENRY CARROLL corroborated.

  WILLIAM JOHN WEBSTER , Inspector of Coins, H. M. Mint. The two florins (produced) are counterfeit, of different moulds.

The Common Serjeant ruled that there was no case against Emeric, and a verdict of Not guilty was entered.

  ALFRED MORGAN (prisoner, not on oath) produced papers showing that he was an agent for the London Music Company, and stated that he was trying to sell electric pianos on commission to publicans, that

he had received the two bad florins in change and passed them without knowing they were bad.

Verdict (Morgan) Not guilty.

BEFORE JUDGE LUMLEY SMITH.

(Thursday, September 8.)

 

  BOLTON, John (40, coal porter) and   BEVAN, David (17, painter) ; both assaulting   Arthur Mc Ken and thereby causing and occasioning actual bodily harm to him.

The prosecution offering no evidence, a verdict of Not guilty was entered.

 

  TAYLOR, Joseph (23, painter) and   LEVEALL, John (61, confectioner); Taylor stealing one chest of tea, the goods of   George Bass and another; Leveall feloniously receiving the said chest of tea well knowing it to have been stolen.

Taylor pleaded guilty.

Mr. F. Hinde prosecuted.

  THOMAS DWYE , carman to Mr. Allen, contractor, Great Hermitage Street, Wapping. On August 9 I received four chests of tea from the Monument Warehouses to take to the London Docks for shipment. At 5.45 p.m. I was in All Hallows Lane. I was away about three minutes collecting a small box and on my return I missed the chest and at once gave information to the police at Cloak Lane. I saw Taylor near but not Leveall.

  H. J. MONTAGU HAYNES , delivery foreman, Monument Warehouses, proved the delivery of the chest to last witness and identified two pieces of the chest.

  JAMES STEWART BOYCE , Gammon and Sons, Eastcheap, also identified the boards as part of a consignment for which he had lodged a delivery warrant.

Detective-constable   CROMP , M Division. I saw Leveall in High Street, Borough, at midnight on August 15. I told him I should arrest him and he would be taken to Southwark Police Station pending the arrival of the City police and he would be charged with being concerned with two other men, one in custody, in stealing and receiving a chest of tea. He said, "You have made a mistake; I have been away since Wednesday; I am on my own; don't make a mistake; my child bought two cases, she wanted a box to put her clothes in and got them outside Tanner's. I ain't going to mention names but I gave him threepence. That is all I know about it. "When taken to the cells he said, "I know all about it; I could say something, but f—you, you bastard. "

To Judge Lumley Smith. We had been keeping observation upon the house where he had been living and he had gone away. I went and

searched his room, where we took possession of certain things; the key was then handed to us. He came back to the street late at night to a public-house close by. He had not been away; he had kept out of the way. I got the key from the landlady of the house.

Detective-constable   FRANCIS DYER , City Police. On August 10, accompanied by Detective-sergeant Digby, I went to Southwark Police Station. Taylor only was then in custody. On August 15 I went to the rooms that had been occupied by Leveall, 1, St. Stephen's Square, Tabard Street. In the backyard we found this portion of the chest of tea and in the front room on the ground floor this portion. On the 16th I went with Detective-Sergeant Digby to Southwark Police Station, where I saw Leveall. I told him we were police officers from the City and that we had visited his rooms and explained where we had found the portions of the chest. I said he would be taken to Cloak Lane Police Station, where he would be charged with stealing and receiving same. He said when arrested, "I bought it with old firewood in Leadenhall Street two days ago. "On the charge being read he said, "Have you been to my house? My wife can give you more account of that chest of tea than I can. That chest of tea came to the "Crown" public-house in a taxi, the two men got the key and put it in my place and took it out again in a sack. That is the truth. Mrs. Rayment knows all about it. "Mrs. Rayment is the landlady.

  ALICE RAYMENT , 1, St. Stephen's Square, Tabard Street. I let prisoner my ground floor. He had a wife and one child, a girl eleven years old. I was at home on August 9. Between 5 and 5. 30 p. m. I was looking out of the window and saw two lads, and a package, I believe with tea in, came into the house into the ground floor room. Taylor was one of them. I could not recognise the other. They were carrying it. I did not see them go away. Later that day Leveall brought a barrow, and went away with it and his child; his wife followed behind. Next day I told him to clear out as I could not have stolen property in my place. He said, "All right, I will go at once and give you no trouble." I did not speak about the chest of tea. He was too drunk to speak to him properly. He gave me one piece of the chest (produced) and asked me to put it under the copper. I said, "I am done washing to-day. "He put it in the yard. The police had not been when I asked him to clear out; they came the following Monday.

(Defence.)

  JOHN LEVEALL (prisoner, on oath). I know nothing about the tea. I am at work from 6 a. m. till 12 p. m. I own to that chest being in my place. I chucked it out in the yard. I lit the fire with a portion of it. I told the landlady she could burn a piece of it; I said, "I do not know who it belongs to, it is no good to us. "There were plenty more boxes in there besides that. Do you think I am a man with money to buy boxes of tea.

Cross-examined. I went home and found the chest. I was intoxicated then. I do not know whether it was August 9 or 10. It

was the night it was brought to the house. I complained to my wife. I did not tell the police because I did not know what to do about it. I did not know whether or not the chest came with the boxes I bought in Leadenhall Market: I bought a lot of firewood. My daughter bought some boxes outside Tanner's off a man called Curley. I and my missus were there having a drink. I acknowledge I have told two stories—that I bought them in Leadenhall Market and also that I bought them outside Tanner's. I was away from home when the chest was brought; I was not in. Mrs. Rayment did not know whether I was in or out, as far as I can see. Taylor told me Mrs. Rayment gave them the key to take in the chest. She would therefore know whether I was in or not. I say she is wilfully lying. I asked her who had been in my place and she said, "I had to lend my keys because three policemen came and worried me. "I might have said I would clear out at once and not get her into trouble with respect to stolen goods. I had a barrow on August 9, Mr. Sargent's, that I have used sixteen years, to take all the old sacks I had in my cupboard to sell to Solomon in Dover Road. He would not buy them because they were damp. This was the night the chest had been left. I sold the bags to a ragshop in Crosby Road. Mrs. Rayment had given the lads the key before the box came in. My wife had been at home and came out to look for me. That was when the box was put in.

  JOSEPH TAYLOR (prisoner, on oath). My friend gave me the key. He said he had it given him out of the house. I said, "Who gave it you?" He said, "Never mind who gave it me. "We opened the door, and put the tea in the place. There was no one in the place at the time. I come away and left my pal in there. As I come away, I got chased and caught by the constable over there. I don't know Leveall; I had never seen him in my life. He is innocent.

Cross-examined. We had the taxi ready before we took the tea. There were three of us. My friend must have known where to take it It was my friend who took it round. I was with him. The two of us carried it to the door. My friend went to the house first. I carried it up to the house on my back, not the two of us. We had to get it off sharp from the van to the taxi. I waited at the corner of the "Crown," which is about a second's walk from the house. My pal come along with the key, said, "Come on," so I took it off my back and we carried it in between us. Leveall must have heard that the tea was brought in a taxi-cab from the people in Tabard Street, who put me away. I saw Mrs. Rayment looking out of the window. I could not say that she gave the key to my pal. I expected the tea would be sold and I would get my share. (To the Jury.) I only went in the front room.

Verdict (Leveall), Guilty.

Numerous convictions were proved against both prisoners.

Sentences, Leveall, Three years' penal servitude; Taylor, Two years' hard labour.

 

  TIPPETT, George (26, bookbinder),   CLARK, William (35, brick-layer), and   LOCKYER, Joseph (33, clerk) , all stealing one purse, one coin, £5 10s. and other articles, goods of   William Henry Winter, from his person; Lockyer assaulting   Frederick Gunner with intent to resist his lawful apprehension.

Tippett pleaded guilty.

Mr. De Michel prosecuted; Mr. Purcell defended Clark; Mr. C. A. V. Black defended Lockyer.

Detective-constable   FREDERICK GUNNER , C Division. At 8.30 a.m., on July 23, I was at Fresh Wharf with Detective-constable Miller. I saw the three prisoners amongst a number of persons attempting to go on the board the pleasure steamers. I was about a yard and a half away. Tippett said something to Clark and Lockyer and both commenced to push behind prosecutor. Tippett crouched down and with his right hand took this purse from prosecutor's back hip-pocket and put it in his right-hand jacket pocket and commenced to leave the crowd. I made my way amongst the people and said, "I am a police officer; what have you got in that pocket?" I took him into custody. I had not seen prisoners before. On the way to the station Lockyer struggled to get away and struck me in the chest.

Cross-examined by Mr. Black. Miller had Clark in custody then. I said at the' police-court I was afraid he was going to get away. When I put the hold on him he stopped struggling. I put my arms round his neck. He might have struggled to relieve the pressure I was putting upon him. 10s. 10d. was found on him.

Cross-examined by Mr. Purcell. There were few people where I was because I was over some ropes where the public were not allowed to go. When I arrested Tippett, Clark turned to leave. When searched at the station Clark had 14s. 4d. on him. Clark had no ticket for the boat upon him. I said at the police-court, "It is, I believe, absolutely necessary to take your ticket before going on the boat, but I am not certain. "Clark might have intended, as prosecutor did, to take his ticket on the boat.

Detective-constable   WILLIAM MILLE confirmed the evidence of the previous witness.

  WILLIAM HENRY WINTER , 8, Elliott Road, Reading. On July 23 I was going by the boat from Fresh Wharf. I had a purse containing £5 10s. and other articles. It was stolen. I do not know by whom.

(Defence.)

  WILLIAM CLARK (prisoner, on oath). I live at Nelson Street, City Road. I had an appointment to meet Mr. Staples at 8 a. m. at the Monument Station, to go by the boat to Southend. He did not meet me. I then went to Fresh Wharf and was arrested two or three minutes afterwards on this charge. I was not going to book if I did not see my friend. I had no conversation with any one there.

Cross-examined. I did not know Tippett.

  WILLIAM STAPLES , 20, Rosebery Street, Southgate Road. I have known Clark about three years. On July 22 we arranged to go to Southend on the 23rd. He said he would meet me at the Tube station, London Bridge, at eight o'clock. I was unable to be there, as I had

to go to 1, Upper Baker Street, about a job, a pipe-cleaning machine of Mr. Burrough's went wrong. I did not know where Clark lived or I should have let him know. (To the Jury.) I only know one Tube station—at the Monument.

Verdict, Lockyer and Clark, Not guilty.

Several convictions were proved against Tippett.

Sentence, 20 months' hard labour.

 

  FRENCH, George (26, labourer),   CARROLL, Mary (24, flower seller), and   SHEPHERD, Nellie (19, rag sorter) , all robbery with violence upon   William Amos and stealing from him £1 12s., his moneys.

Mr. Duckworth prosecuted.

The evidence was not reportable.

Verdict, Guilty.

Several convictions were proved against French, his sentences including three years' penal servitude for larceny from the person, 18 months' for stealing tea, 12 months' for stealing a chain from the person. Carroll had been convicted of assaulting the police, and of being drunk and disorderly. Shepherd had not been convicted.

Sentences, French, 20 months' hard labour; Carroll, 10 months' hard labour; Shepherd, five months' hard labour.

 

  BALE, William (42, carpenter), pleaded guilty of attempting to commit an act of gross indecency with   James Hanscombe, a male person.

Prisoner was released on his own recognisances in £10 to come up for judgment if called upon.

BEFORE MR. JUSTICE HAMILTON.

(Friday, September 9.)

 

  MERCER, George (37, labourer), pleaded guilty of the manslaughter of   Thomas Bryant on August 2, 1910.

Mr. Slade Butler prosecuted; Mr. Huntly Jenkins defended.

Prisoner and deceased were friends, but while under the influence of drink Bryant made an unprovoked attack on prisoner, who, in defending himself, struck Bryant; in falling Bryant sustained injuries from which he died.

Prisoner was released on his own recognisances in £10 to come up for judgment if called upon.

 

  TERRY, Charles (26, carman) was indicted for and charged on the coroner's inquisition with the manslaughter of   Stephen Davis.

Mr. Lawless prosecuted.

Police-constable JAMES STRODE proved a plan of the locality dealt with in the case.

  WILLIAM J. W. JENNER , 38, Porson Street, Lewisham. On the early morning of August 2 I was sitting outside my front door. I saw prisoner and his brother, whom I knew, approaching me from

the direction of Loampit Vale. Davis was on the opposite side of the street a little behind them. When prisoner caught sight of him he said, "Hallo, I've got you now, I owe you one," and crossed the street, struck him in the face, and knocked him down; he fell heavily; he got up and prisoner knocked him down again with another blow in the face, and rejoined his brother. Davis got up again and walked along till he reached a grocer's shop, when prisoner again crossed the road towards him. To avoid further violence apparently, Davis fell to the ground, and while there I saw prisoner kick him with his right foot. I said, "That's a dirty trick; be a man and let him get up and have fair play. "He made no reply, and walked away. Prisoner was a bigger man than Davis.

  JOHN HORLOCK. I was in Porson Street on the morning in question and saw Davis fall down and the prisoner cross the road and kick him and walk away. Davis never spoke or moved after he was kicked, and I and witness Jenner fetched a constable.

  WILLIAM TERY , labourer, 83, Loampit Vale, Lewisham. I am prisoner's brother, and was with him and Davis nearly the whole of August Bank Holiday. We had drink at many public houses. We left the "Hope" public house, in Loampit Vale, about closing time. We were quite friendly, and my brother had given Davis money to buy drink. We were all proceeding towards home, Davis on the opposite side of the road, when I saw my brother cross over to Davis, who held out something. I could not say. what it was. I saw no blow struck, but Davis fell down; Jenner went over to him and my brother and I went home.

Police-constable   SNELL , 98 R Division. I was called to Porson Street about one o'clock on the morning of August 2 and found Davis lying on the ground unconscious. I went for Dr. Hinds, who came, and on examining him found him to be dead.

Dr.   CHARLES HINDS , Lewisham. On my arrival in Porson Street I found Davis was dead. He smelt very strongly of alcohol. On examining the body I found under the left eye a recently inflicted bruise; on the upper lip there was a small quantity of recently drawn blood and another bruise with slight abrasion, and there was also a bruise over the right eye. The injuries were consistent with (blows from a fist. I found no traces of a kick. I made a post-mortem examination of the body and found the cause of death was heart failure, preceded by shock. Deceased had heart disease in a very advanced stage, and was generally in a bad state of health, but in my opinion the violence to which he had been subjected accelerated his death.

Sergeant   BARTRAM , P Division. I arrested prisoner about four o'clock on the morning of August 2 at 83, Loampit Vale. He said, "I was only having a game and pushed him down. "On the way to the station he said, "He seemed all right when I left him; he did not seem hurt. "Prisoner appeared to be sober.

Inspector   WILLIAM BROWN , P Division. I charged prisoner with manslaughter; he said, "We had been drinking together all day.

His sister and his friends were with us. It was all over a woman. We had an argument. He kept following me. We were both in drink. I never kicked him. "

Cross-examined by prisoner. You have always borne a good character.

(Defence.)

  CHALES TERRY (prisoner, on oath). We had been drinking together all day. I was very good to Davis. I had given him money for beer and for his lodgings, and often looked after him. I had no intention of hurting him. When I walked across the street he put up his arm, I pushed him and he fell down. I only walked across the road once.

Cross-examined. We were all in drink.

Verdict, Guilty, with a recommendation to mercy on account of previous good character.

Sentence, Six months' hard labour.

 

  LINCOLN, George (23, harness maker) , carnally knowing   Henrietta Maxfield, a girl under the age of 13 years.

Verdict, Not guilty.

 

  BACKWELL, William Webb (60, clerk) , feloniously shooting at   Maria Barton with intent to murder her; second count, with intent to do her grievous bodily harm.

Mr. Greenfield prosecuted.

Detective Sergeant   ROBERT TAYLOR , J Division. I arrested prisoner at 10 o'clock on the morning of August 3, and told him he would be charged with attempting to murder Maria Barton by shooting at her with a revolver. He said, "Yes, yes," and afterwards to prosecutrix, "I am sorry, my dear, my head is wrong. "He subsequently said, "My defence is I am under medical treatment, and if you get the prison doctor he will say I am in a nervous condition. The doctor will tell you I am unfit to work and should be in bed. "

Cross-examined by prisoner. When I saw you at the police station you were very nervous and agitated and shaking from head to foot. The only sign of drunkenness about you was your breath, which smelt very strongly, I think, of brandy. I do not think you were drunk.

  MARIA BARTON. I am a married woman, living at the time of this occurrence at 154, Rushmore Road, Clapton. About 9. 15 a.m. on August 3 I heard a knock at my door and on opening it I found prisoner there. He came into the parlour and I followed him. He put his hand into his right-hand coat pocket, took out a revolver, which he pointed at me and said, "I have come to kill you all. "I ran out of the room into the street and as I ran I heard a shot and the breaking of glass, then a second shot, but neither of them hit me. I saw Police-constable Penny, who came back into the house with me and took the revolver from prisoner. I have known prisoner 15 years and before I was married he lodged with my father and mother; when they died

he lodged with my husband and me until about three weeks before this occurrence. I had occasion to complain about his drinking and he left us. I had seen him on the previous Saturday, when he seemed to be all right. There was no ill-will between us.

To prisoner. You have always behaved very kindly to me and to my children, of whom you were very fond and to whom you made frequent presents. I do not know that you bought the revolver to shoot a cat, but you did shoot it. We met several times after you left my house and were on friendly terms. I should think you must have been out of your mind at the time you fired at me.

Police-constable   THOMAS PENNY , 36 JR. I found prisoner standing in the middle of the parlour and as soon as he saw me he took from his right-hand coat pocket the revolver produced. I seized him and took it from him. He said, "I have done my bit, now do yours. "On searching him I found in his left-hand pocket 27 live cartridges and in the revolver there were four live cartridges and two spent ones. I examined the room and on moving a picture on the wall the bullet produced dropped to the floor. Prisoner appeared to have been drinking very heavily.

Police-constable   PERCY , 428 J. I took prisoner to the police-station. On the way he said, "If I am taken before a magistrate I shall drown myself; my nerves are wrecked. I am under medical treatment. I feel that I could lie down and die now. "On being charged he said, "I am off my head, in fact, if you want to know. "I should say prisoner had been drinking very heavily.

(Defence.)

  WALTER PIKE. Prisoner worked under me at the offices of the Wyllie Gold Mining Company, Abchurch Lane, E. C. On the morning of August 2 he was in a state of collapse and I had to send him home. This was not owing to alcohol and I never saw him under the influence of drink. His work was always well done and accurate.

  THOMAS CORBETT. I was with prisoner five or six hours on the day before he committed this offence. He was very strange in his manner and complained of his head and heart. I have seen him on several occasions hold his hand to both places and complain very much of his nerves.

  WILLIAM WEBB BACKWELL (prisoner, on oath). As to what took place on the morning in question my mind is a blank. I do not remember taking the revolver or loading it, but I distinctly remember firing it at the woman. After that I remember nothing more except being pinioned and taken away.

Cross-examined. It is true I told the magistrate I had taken too much alcohol during the last fortnight, but I was labouring under great mental depression, causing a morbid feeling. I was living alone, a solitary man, and I tried, of course foolishly, to assuage this depression by taking alcohol in excess of my normal capacity.

Verdict, Guilty of shooting (without intent to murder), but not responsible for his actions at the time.

Prisoner was ordered to be detained during His Majesty's pleasure.

 

  HAINES, Thomas (32, labourer) , feloniously causing grievous bodily harm to   Ellen Haines with intent to kill and murder her; second count, feloniously wounding.

Mr. Pickersgill, M. P., prosecuted.

  ELLEN HAINES. I am prisoner's wife, and on July 3 resided with him at 1, Cornwall Square, Bethnal Green. On the night of July 2, between six and seven o'clock, I was lying on the bed drunk, when my husband came into tea. He afterwards went to the London Hospital to see our little boy who was there ill, and on his return he was crying, and said the nurse had told him there was no hope of the child's recovery. There was 1s. 10d. on the mantel-piece, which my husband had put there. I got up and took it and went to the beershop. My husband came for me between eight and nine o'clock, but I refused to come out. I stayed there till eleven or half past, and then went home and went to bed, leaving my husband sitting in the armchair with his head between his hands. I kept on jawing to myself, but he did not answer me, and I remember no more. The 1s. 10d. was all we had, and me taking it and spending it I suppose made him lose his head, because he is so different at other times. I have recovered from my injuries.

Inspector   HARRY LAWRENCE , H Division. At 3. 15 on the morning of July 3 last prisoner walked into Bethnal Green Police Station, and said, "I have murdered my wife at 1, Cornwall Square; go and see I'm very sorry for it. There's one of my children in London Hospital through her neglect. "On reaching the house I found the woman sitting on the bed, her right arm apparently broken, and bleeding from a wound in her head. A child about two months old was lying on the bed, its face splashed with blood. The woman was under the influence of drink. A doctor was sent for. I found the poker (produced) in the fender. There were fresh damp blood marks on the knob. On returning to the station I asked the prisoner to show me his hands and I saw that the inside of his right hand was very black.

Sergeant   GEORGE ROBINSON , H Division, corroborated. I told prisoner that in consequence of the decision of the doctors it was proposed to take a statement from his wife, and I conducted him to the hospital. On the way he said, "She has not pegged out? Good luck. I did not mean to do what I did. I was asleep in the chair. She kept on jawing about me and the kid. I got one in the hospital; something wrong in his head. I jumped up and did it on her, and, blimy, I did not know what I was doing. I had half-a-crown, gave her 1s. 10d., and 4d. I paid for barrow money. I didn't have but 2d. myself. She's always jawing me. "

(Saturday, September 10.)

  FK. SINCLAIR , house surgeon London Hospital. When prosecutrix was admitted on July 3 she was in a state of semi-intoxication.

She had a compound depressed fracture in the right side of the head; there were many wounds on the scalp; she was bleeding from the right ear; there was a fracture of the right forearm. She was in a very serious condition; an operation was performed; she made a good recovery, and was discharged on August 10.

(Defence.)

  THOMAS HAINES (prisoner, on oath) said that he had had a lot of trouble lately with his wife owing to her giving way to drink. On the night in question he had been to the hospital to see his dying child; returning home, he found his wife had taken what money there was and gone out; He followed her to a public-house and begged her to come home, but she would not. Then he met some friends and talked over his troubles and had several drinks. After he got home at midnight he did not remember anything until he found one of the children pulling him off his wife, saying, "Oh daddy, don't do it any more. "Then he realised what he had done, threw the poker down, and went straight to the police. He was very sorry for what he had done. He was drunk and dazed when he did it.

Verdict, Not guilty of attempted murder, Guilty of unlawfully wounding, under very great provocation.

Sentence, Two months' hard labour.

BEFORE THE RECORDER.

(Friday, September 9.)

 

  ISRAEL, David (37, none) pleaded guilty of feloniously marrying   Daisy Nina Spencer, his wife being then alive.

Mr. Greenfield prosecuted; Mr. George Elliott, K. C., and Mr. J. L. Myers appeared for prisoner.

The bigamous marriage took place on March 29 last at the Registrar's Office, Fulham. Prosecutrix was a waitress at the time and had only known him a month before she married him. She stated that prisoner had told her he was a bachelor and she left him immediately after she heard that he had a wife living. She did not notice until after the wedding that he had given false addresses in the marriage certificate and prisoner then explained the fact by saying that he wished the marriage to be kept secret.

After evidence had been called as to the state of prosecutrix's mind at the time of the ceremony, the Recorder said he was not convinced that prisoner had deceived the prosecutrix, but in falsifying file register he had committed a serious offence.

Sentence, Four months' imprisonment without hard labour.

 

  RUTTER, Francis William (26, manager) , obtaining by false pretences divers valuable securities, to wit, from   Mabel Billings a postal order for 4s. 6d.; from   Reginald Kinnersley a postal order for 4s. 6d.; from George Stephenson a postal order for 4s. 6d.; from   Amy Lavinia Gladwin a postal order for 4s. 6d.; and from   Thomas Chipperfield a postal order for 4s. 6d.; in each case with intent to defraud.

Mr. Muir, Mr. Leycester, and Mr. S. R. Crawford prosecuted.

  FREDERICK AUGUSTUS BETTRIDGE , house agent, 6, Old Town, Clapham. On June 30, 1909, I took over the agency of 44, Old Town, where prisoner in the name of "Burwood" rented the shop on the ground floor, paying 15s. a week. He and two ladies attended to the confectionery. He was there until December 15, paying his rent monthly. I saw no business other than that of a confectioner's carried on there.

Cross-examined by prisoner. You sold the business while I was there.

  EVA LEESE. My mother owns No. 1, Park Crescent, Clapham. Prisoner rented a room there from December 4, 1909, till about six weeks ago. His rent, which was regularly paid, was 3s. 6d. a week. I saw no business carried on there except that he used to have a lot of letters.

  JNO. JOSEPH YOUNG , managing clerk, Robertson and Parson, auctioneers, 52, Belgrave Road, S. W. On June 8 prisoner took a portion of the shop on the ground floor of 24, Tachbrook Street, Pimlico, at 8s. per week, giving as his references Edwards and Co., 54, Cornwall Road, and H. E. Bourne, 12, Bessborough Gardens, S. W. He said he lived at 1, Park Crescent, Clapham. I went to 24, Tachbrook Street, where with the assistance of a lad I saw him carrying on a confectionery business. I have seen him write and to the best of my belief the pencil marks on Exhibits 5, 6, 8, and 9 are in his writing. I am doubtful about Exhibits 11 and 13. I should think Exhibits 17 and 21 are in his handwriting.

  STANLEY CAYZER , house agent. I am the agent for the owner of 54, Cornwall Road, Brixton, which was a shop let to a man named Brax. About May 10 I called and found prisoner, who called himself "Edwards," there as tenant of half of the shop, Brax, a barber, having sub-let it to him, and he was using it as a sort of office. Brax had gone, and telling prisoner he was a trespasser, I told him to go. I saw a batch of 13 or 14 letters addressed to "Edwards: and Co.," which I left there. On going there on the 14th I found he had gone, leaving about two or three sackfuls of torn-up letters. There were no books in the office at all and nothing which could be described as a manufactory.

To Prisoner. The day following I first saw you you were still there; you had a boy in the back garden who was moving your goods. I "believe you did not go out on the same day that I told you to go. I put the sacks of letters in the garden and someone took them away.

  GEORGE STEPHENSON , clerk, 41, West Street, Bedminster, Bristol.

In November, 1909, in consequence of an advertisement I saw in the "Bath Weekly Argus," I wrote to Edwards and Co., of 44, Old Town, Clapham, in reply to which I got this circular (Exhibit

2), telling me to send a postal-order-for 4s. 6d., in return for which I should get an instrument by which I could do profitable home-work for them. I got a pantograph, like this, with printed instructions (Exhibit 4), which I did not understand. A sample sketch of a head was sent for me to copy, two or three plain sheets to copy on, and a few crayons. I returned it at once, realising it was impossible for me to do the work, and asked for my 4s. 6d. back. I got this letter in reply (Exhibit 13): "We cannot understand why you have sent your outfit to us, which is damaged, but on receipt of 6d., cost of packing and postage, we will return it to you. If it is not sent for after one week it will be sold to pay for storage. "I did not send for them 6d. I wrote them three or four letters, but got no reply. At the time I sent the 4s. 6d. I believed "Edwards and Co. "were a genuine firm of art publishers, and were in a position to give me genuine home work. I had no idea of buying a pantograph.

To Prisoner. I did not buy the outfit. I only sent for it as a means of doing the work, and I paid the 4s. 6d. to cover its value temporarily as a kind of deposit. If I had tried to do the work I should have spoilt the sheets you sent. In signing the application form I was not agreeing to purchase the outfit.

  MABEL BILLINGS , lady's maid, Twickenham. On April 3 I saw this advertisement in the Weekly Dispatch": "Earn money at home. Particulars and easy work sent by return. Stamp. Edwards and Co., 54, Cornwall Road, Brixton, London, S. W. "I wrote to the address and received Exhibit 2 in reply. I filled in the application form and sent it with a postal order for 4s. 6d. I received in reply a pantograph, a small piece of pencil, and a postcard to copy, with a letter (Exhibit 5). I made a sample copy of it, but without the pantograph as I could not use it, and returned it with the postcard. I think it was a very good copy. I got no reply until I had written them three times, enclosing a stamped addressed envelope each time. They wrote me on April 16 (Exhibit 6) saying they could not trace my sample, and I must enclose stamped addressed envelope with all samples. I wrote to them again, and received in reply this picture postcard (Exhibit 7) with a piece of drawing paper round it. I copied it without the pantograph, and sent it back. In reply I got Exhibit 8, returning my samples, and saying it required a little improvement to the nose and lips. I improved it and returned it. On April 26 I got Exhibit 9, returning it, and saying it required a little improvement to the eyes and nose. I altered it, and two or three days after went with the pantograph and copy to 54, Cornwall Road, and found it to be half a barber's shop in a very poor quarter. It looked as if no one lived there, and I could not get in. I then went to the police. At the time I parted with my money I thought that "Edwards and Co. "were carrying on a genuine business.

To prisoner. I called to see you at 6 p. m. I sent a stamp with every letter I sent you. I understood the pantograph would belong to me after I started working, and you would return me the money

I had paid for it: the 4s. 6d. being merely a deposit. I gathered that from this passage in the circular you sent me: "This small amount we are compelled to charge, and must require each beginner to pay for the first material as they are not only valuable, but we must protect ourselves from persons who might send for materials without having any intention of working for us. As soon as you start to work for us this amount is returned to you with the payment for the first dozen pictures done. "In addition to that you say: "If we find from your samples that you will be unable to do the work we will have the outfit returned to us and refund the amount of it to you. "

  AMY LAVINIA GLADWIN , assistant milliner, 54, Croft Road, Coventry On April 8, I saw in a paper an advertisement for evening employment, which I answered. I received Exhibit 2 in reply. I filled up the application form, and with 4s. 6d. sent it to "Edwards and Co.," 54, Cornwall Road, Brixton. I received a pantograph and a post-card with instructions as to how I was to enlarge it. I made what in my opinion was a good copy and sent it. Not receiving any reply I returned the pantograph and asked for my money back or I would take proceedings. I received another application form, which I did not take any notice of. When I sent the money I thought a genuine business was being carried on.

To Prisoner. I did not send a stamped addressed envelope with the sample because you could not let me have fresh copies in an ordinary sized envelope. I expected my money back when I returned the outfit because you had not only my money and the outfit but the work I had done out of which you could make a profit.

  REGINALD KINNERSLEY , engineer and storekeeper, Dursley, Gloucestershire. In May, in consequence of seeing an advertisement in the "Bristol Express," I wrote to "Edwards and Co.," from whom I got Exhibit 2. I sent a P. O. for 4s. 6d., and obtained a pantograph. I sent it back, without even trying to use it, and got in reply Exhibit 11. "We cannot understand why you have sent your outfit to us, and on receipt of sixpence, cost of packing and postage, we will return it to you. We might mention that it arrived here damaged, and if not sent for after one week it will be sold to pay for storage. "I never received my 4s. 6d. back. I communicated with the police.

To Prisoner. I considered the work was beyond my means, and so I returned the outfit. I implied from your circular you would return my money to me if I could not do anything with the outfit.

(Saturday, September 10.)

  THOMAS CHIPPEFIELD , assistant caretaker, Tilbury County School, Tilbury. In May I sent a 4s. P. O. to "Edwards and Co.," of 54, Cornwall Road, and received a pantograph. I made a copy, which was returned to me for improvement to the nose and lips. I made another copy and sent it back, which they again returned to me, finding further fault. I went to 54, Cornwall Road, and found the shop empty. I never got my 4s. 6d. back. I went to the police-station after that.

  RICHARD STANDING , warehouseman, Croston, near Preston, Lancashire. On July 24, seeing an advertisement in the "Daily Despatch," "offering home work," I wrote to "24, Tachbrook Street, London, S. W.," and received this Exhibit 2 from "The Copying Company" of that address. I sent 4s. 6d., and I received the outfit, which I could not use, and returned immediately, asking for my money back. I got a letter similar to Exhibit 11.

  WALTER THOMAS HAYES , clerk, George Romney and Co., artists' colourmen and pencil manufacturers, 61, Brompton Road. This is an order we received from F. Rutter, of 24, Tachbrook Street, enclosing 9s. for one dozen shilling pantographs in box complete, no label to be on boxes (Exhibit 17). The wholesale price of these things is 9d. each, the retail price 1s. We have been supplying them to him since June, 1909, in that name at Cornwall Road, Brixton, at 44, Old Town, Clapham, and 1, Park Crescent. There is nothing to justify 4s. 6d. being charged for them. He has had from two to three gross of them. They are used for enlarging maps, plans and drawings—outline work generally. You could enlarge the outline of this picture postcard (Exhibit 7), but not the shading. I have been in the same employ nine years, and I know of no business carried on by anybody of dealing in pencil copies of picture postcards.

  OBERT AUGUSTUS HENNESSEY , 165, Tachbrook Street, S. W. About June this year prisoner employed me as a shop boy at 24, Tachbrook Street, paying me 5s. a week. I was—there till he was arrested. The business carried on was the confectionery and the home work, which was sending out circulars like Exhibit 2, which 1 put into the envelopes and posted. I addressed some of them. The name over the letter-box was "The Copying Company"; there was no name of "Rutter." About one or two dozen letters came every day. I used to get the cash for some of the postal orders that came, and with some I used to buy stamps. I used to go there at eight in the morning, and he came at about eleven or twelve. I shut up at 8. 30 p. m. He used to go away sometimes and not come back, and I was left in charge; there was only he and I there. There were no books kept and no list was made of the people who replied to advertisements. I have seen drawings, some of which were sent back. The only two I know of which were sold were two sold to my mother.

To Prisoner. I do not know whether you sold any.

Sergeant   WILLIAM KERRY , W Division. On March 29 I watched in Clapham Park Road, when at about 9 a. m. I saw prisoner leave 1, Park Crescent. I followed him to 54, Cornwall Road, Brixton, which is about three-quarters of a mile away. He entered a little shop and stayed there about three-quarters of an hour. On coming out he had a bundle of letters in his hand. He went straight back to 1, Park Crescent. There was a small brass plate over 54, Cornwall Road, with "Edwards and Co" on it. The tenant there was a hairdresser.

Detective-sergeant   CHARLES COGGIN , W Division. On August 9 I had a warrant for prisoner's arrest. At nine on the evening of that day I saw him leave 24, Tachbrook Street. I said to him, "I am a police officer. What is your name?" He said, "What do you want to know

for?" I said, "I saw you leave 24, Tachbrook Street, and I hold a warrant for your arrest. "I took him to the station and read the warrant to him. He said, "I have never defrauded anybody. "I found upon him 2s. in silver, 6d. in bronze, 34 halfpenny postage stamps, 20 postal-orders for 4s. 6d., one for 2s. 6d., and one for a shilling, with three stamps attached to it. There was a P. O. Savings Bank book, showing that an account was opened in the name of "F. W. Rutter" at the beginning of 1909, with a credit balance of £13 0s. 4d., the balance at the end of the year being £24 16s. 11d. In 1910 there was a balance of £8 16s. 11d. I went with him to 24, Tachbrook Street, where I found a small quantity of confectionary in the window, about 2,000 circulars, with "Edwards and Co., 54, Cornwall Road," on them, and 166 application forms addressed to "The Copying Company," which had been filled up and sent in from all over the United Kingdom, dating from June 16 of this year to the day he was arrested. They represent a sum of £37 7s. I also found a roll of plain drawing-paper, seven empty pantograph boxes and one full, two small cardboard boxes containing map pens, and under the counter on the floor a quantity of pencil drawings, which do not seem to have been done by the pantograph, with two framed pictures. In the till there was 1s. 8 3/4 d. in bronze. On my inquiring he said he had no business books. I took him to the Clapham Police Station, where he was charged, and said, "There is no intent to defraud. "After the first hearing I asked him if he wished me to make any inquiries concerning him, and he said, "No, I do not want any enquiries. I admit I have advertised from these places, but there is no fraud. "I found among the papers this small brass plate with "Edwards and Co." upon it. Over the letter-box at Tachbrook Street there was the name "The Copying Co. "

Prisoner's statement before the magistrate, "There is no evidence of any intent to defraud. "

  FRANCIS WILLIAM RUTTER (prisoner, not on oath). I have simply got to say that I carried on the business according to the terms of the circular, and all the drawings you see have been done by the pantograph. There is no intent to defraud. It was a genuine business. As regards the two sacks of letters there were no letters left at 54, Cornwall Road, when I left there. What was there was put there afterwards.

Verdict, Guilty. It was stated that prisoner refused to give any information nor could any be obtained as to how he had been getting a living other than by these means, and that it was believed that he had been formerly convicted in America.

Sentence, 18 months' hard labour.

 

  GRIFFIN, Joseph (40, tailor) . Robbery with violence upon   Walter Thomas Hills and stealing from him one watch and other articles, his goods.

Mr. Harvey prosecuted.

  WALTER THOMAS HILLS , engine-driver, 151, High Street, Shadwell. Between twelve and one a. m. on August 23, I was walking along Commercial

Road, when I saw two men in front of me. Someone came up behind me and put his arms round my neck and held me. The two in front immediately turned round and went through my pockets and stole a silver watch, a chain, a purse containing a few shillings, a bunch of keys, a tobacco pouch, and a small pocket-knife, the total value of which was about £2. They all three then disappeared. I recognise prisoner as being one of the men in front; I am sure he is the man. This is my watch and chain (produced).

Cross-examined by prisoner. I saw you next when you were walking across the courtyard of the Thames Police Court a week after. It is not true that the policeman pointed you out to me as the man.

Police-constable   GEORGE CROZIER , K 518. At 9 a.m. on August 23 I arrester prisoner on another charge. I found in his right hand a watch and chain. Prosecutor identified the watch on the following Tuesday, August 30, as the one that had been stolen from him. On that day prisoner, who had been remanded for a week, was walking across the yard when prosecutor saw him and identified him. I said nothing to. prosecutor before he did so. Prisoner then said, "I know the watch was found on me, but I never assaulted that man. "

To prisoner. I was walking on one side of you across the yard.

Detective-constable   WILLIAM RYAN , K Division. In consequence of prosecutor identifying property found on prisoner I charged him on August 30 with assault and robbery on the 23rd. After that prosecutor saw him and said, "I believe he was one of the three. "Prisoner said, "I know the watch was found, upon me but I did not assault that man. "

  JOSEPH GRIFFIN (prisoner, not on oath). All I wish to say is that I was not put up for identification; I was simply walked across the yard. I admit I was in possession of the watch and chain but I was not there at all.

Verdict, Guilty. Prisoner confessed to a conviction of felony at this Court on November 19, 1906, in the name of George Steadman, when he was sentenced to 18 months' hard labour. Three previous convictions were proved against him, including one for warehouse-breaking on June 25, 1900, at this Court with four years' penal servitude. It was stated that although in the day-time he did a little work at night his associates were dangerous thieves, and his arrest arose through his being found in possession of 13 pairs of trousers which had been stolen from a neighbouring pawnbroker.

Sentence, Five years' penal servitude.

BEFORE THE COMMON SERJEANT.

(Friday, September 9.)

 

  WILLIS, Charles (58, porter) , unlawfully uttering counterfeit coin twice within ten days.

Mr. Pickersgill, M.P., prosecuted.

  DOROTHY WEBB , barmaid, "Baynard Castle," Queen Victoria Street. On August 10 prisoner ordered a Scotch whiskey, 3d., and tendered a florin, which I found to be bad, and returned to him. He then paid for his drink with a good shilling and left. The potman broke the bad coin.

  MARIE BENDON , barmaid, "Baynard Castle. "On August 10 Webb showed me a bad florin. I saw prisoner in the bar. On August 20, at 7 p. m., prisoner again entered the bar, called for a Scotch whiskey, and threw down bad 2s. piece (produced), which I tried with acid, found to be bad, and called my mistress. She spoke to the manager, who sent for the police. Prisoner asked for his change. I told him the governor would see to his change. I told him he had been in before. He said, "You are a liar. If I thought it was a bad 2s. piece, do you think I would wait for my change?" About a month before prisoner had been in, called for a bitter and burton, and tendered me a 2s. piece, which I found to be bad and returned to him, when he had paid 2d. for the beer. He said he knew where he had got the coin, and took it away.

  CHARLES PAYNE , potman. On August 10 Mrs. Murphy handed me a bad 2s. piece, which I broke and handed the pieces to her. Prisoner was then in the bar. I saw him again on August 20, and recognised him as the man in the bar on August 10.

  JOHN MURPHY , landlord, "Baynard Castle," corroborated with regard to the second uttering.

Police-constable   LEWIS HARRIS , 159 B, City Police. On August 20, at about 7 p. m., I was called to the "Baynard Castle "public-house, when the two barmaids accused prisoner of having tendered a bad florin and of having been there on two previous occasions and tendered bad money. Prisoner denied that he had ever been in the house before. I asked if he had any more money on him. He said yes, but it was good money. I took him to the station; he was charged, and said he had received the 2s. piece in exchange for half-a-crown at the "Skinners' Arms. "There was found on him three sixpences and two pennies, good money.

  WILLIAM JOHN WEBSTER , inspector of coins. The counterfeit florin (produced) is of good make.

  CHARLES WILLIS (prisoner, not on oath), stated that he had never been in the public-house before and that he passed the bad florin not knowing it to be bad.

Verdict, Not guilty.

 

  BOWDEN, Albert (29 caterer),   KINZETT, Abraham (55, bookseller),   BOKENHAM, Philip Fleming (32, printer), and   PUDDIFOOT, John Wesley (51, printer), pleaded guilty of all conspiring and agreeing together and with divers other persons unknown to print and cause to be printed for sale divers books in which there was then subsisting copyright, without the consent in writing of the proprietors thereof, and knowing such books to have been so printed, did unlawfully conspire to publish and sell and expose for sale and cause to be published, sold and exposed for sale such books so unlawfully printed without such consent as aforesaid, and conspiring to defraud, injure and prejudice said proprietors and   Felix McGlennon and Company, Limited, the persons authorised by the said proprietors to print and sell the said books, and to deprive them of the profits from their property in the said copyrights.

The prisoners having been convicted of similar offences on July 22, 1910 (see p. 406), for which they were now undergoing sentence, were (in respect of this offence) released on their own recognisances in £20 to come up for judgment if called upon.

 

  KENNEDY, George, alias Gerald Kennaway (39, no occupation), and   LONGHURST, Albert Henry (38, licensed victualler) . Both forging and uttering, knowing the same to be forged, an order for the payment of £80, with intent to defraud.

Mr. Muir and Mr. Oddie prosecuted; Mr. Huntly Jenkins defended.

  JNE KIRBY , wife of William Kirby, landlord of the "Lamb and Flag" public house, 69, High Street, Homerton. On July 5 the prisoners came to my house with another man at about 8. I next saw the prisoners alone on July 11 at about 8. 30. My daughter served them with refreshments. My husband was talking with them. Longhurst said he wanted a postal order for £8. I said they could not get it as the post-office closed at 8 p. m. I went to serve other customers. My husband afterwards called to me to ask my daughter Ada to write out a cheque for £8, which she did. She asked in what name; Longhurst said, "A. Litten," and spelt the name. My husband then signed it. It is the cheque produced, which has been altered into £80 and the crossings have been taken out. Longhurst counted out eight sovereigns; my husband gave him the cheque, he gave it to Kennedy, and he put it in a blue letter-card and put it on the counter. After serving customers I noticed that it was still on the counter, and I said to Longhurst, "If I were you I should put that in your pocket, and not let it lie about like that. "He took no notice, and some time after I saw it was gone. On July 16 I picked Kennedy out from a number of men at Hackney Police Station, and on July 17, I similarly identified Longhurst. I am sure they are the men.

Cross-examined. Longhurst did not ask for an envelope. I believe the letter-card was already addressed. They did not ask me if I had any postal orders.

  WILLIAM KIRBY , landlord, "Lamb and Flag" public house. On July 11 I entered my bar at 8. 15 p. m., when I saw prisoners having drinks. I sat in the saloon bar when Longhurst came and asked me to have a drink. I had some whisky, and we were talking when he asked me where the nearest post-office was as he wanted to get an order to send away for the morning. My wife said, "You cannot get any order to-night; the post-office is closed. "Longhurst looked at Kennedy and said, "That has done it—I must have that to send by the morning. "He then turned to me and said, "Governor, could you jet me have a cheque for £8. "I said, "Yes, if you want it particular I can let you have a cheque for £8. "He thanked me. I called my daughter to write out a cheque for £8. She asked Longhurst

"In what name. "He said, "Litten. "She wrote it out, crossed it and brought it to me; I signed it and gave it him. It is the cheque produced, which has been altered to £80, and has the crossing lines taken out. Longhurst handed it to Kennedy, who put it in a blue letter-card and laid it on the counter where it remained some time. My wife said, "I should pick it up and put it in my pocket for safety. "It lay there for a minute or two when Longhurst gave it to Kennedy: he put it to his mouth and put it in his pocket. Prisoners stayed till 9. 50 p. m. and left. On July 16 I went to the station; I was unable to pick Kennedy out, but afterwards I recognised him. On July 17 I picked out Longhurst.

  ADA KIRBY , daughter of the last two witnesses, corroborated.

  GEORGE WELLS , 59, Digby Road, Homerton, identified the prisoners. He said that he saw Kennedy close and seal the letter-card.

  BERTRAM PENNY , cashier, London and South-Western Bank, Mare Street. On July 12, between 11 a.m. and 1 p.m. the cheque produced for £80, uncrossed, was presented to me by a man, not either of the prisoners. I referred it to the manager and cashed it in £60 gold and four £5 notes, Nos. 23,751, dated 18. 8. 09; 98,898—900, dated 26.12.09. The notes are cancelled by the Bank of England, and had the address on the back, 14, Fulham Road, S. E.

Sergeant   WILLIAM SMITH , J Division. On July 15, at 11.20 p.m., with Detective Wood, I saw Kennedy in Pentonville Road. I said I should arrest him on suspicion of forging and uttering a cheque for £80 on the London and South-Western Bank, Mare Street Branch, on July 12. He said, "I know absolutely nothing about it. "I conveyed him to Hackney Police Station, where he was detained. I searched him and found on him £11 10s. in gold, 3s. 6d. silver, and 4d. bronze, a postal order for 5s., and three counterfoils, three blue letter-cards and a quantity of memoranda. On July 17, at 9 p. m., I was present at Hackney Police Station when Longhurst was picked out from ten other men by Mr. and Mrs. Kirby and Wells. He was then charged and made no reply.

Detective   WILLIAM WOOD , J Division. I was with Sergeant Smith on July 17 at 8 p. m., at Caledonian Road Police Station, where Longhurst was detained. I said, "I am going to arrest you on suspicion for being concerned with another man in custody for forging and uttering a cheque for £80 on the London and South-Western Bank, Mare Street Branch on the 12th inst. "He said, "Yes, all right." I conveyed him to Hackney. When charged he made no reply. He was searched and had £1 10s. gold, 9s. silver, and 3d. bronze.

Detective   WILLIAM GOSLING ., Y Division. On July 17 I was in Farringdon Road with Detective Reid, when I saw Longhurst. I said, "You know who I am. "He said, "Yes. "I told him I was going to arrest him for being concerned with a man in custody of the name of Kennedy for forging and uttering a cheque on the London and South-Western Bank for £80 on the 12th inst. He said, "You can not have me for forging, Governor. I do not know what made me do what I have. You know I have lost the wife and two boys—I must

be mad. "I took him to the Caledonian Road Police Station, where he was detained pending the arrival of an officer from Hackney. He gave his address at Bowling Green Lane.

Cross-examined. I arrested him in Farringdon Road opposite the fire station. He was with another man. I wrote down on an envelope the words he had said immediately. He did not say, "You cannot arrest me for forgery—you must be mad. "I cannot say whether he has had or lost two boys. Reid may have seen my note when I made my statement at Hackney Police Station. I did not give it to him to refresh his memory. I told Reid I was surprised at what Longhurst said. I produce the envelope on which the note was written at the time.

Detective   JOSEPH REID , Y Division, corroborated the last witness.

Cross-examined. I saw Gosling write something on an envelope at the time. I afterwards saw that envelope after I had given my report at Hackney Police Station. Gosling put it on the table and I looked at it to see if I had made a mistake.

Divisional-Inspector  THOMAS DIVALL , J Division, Hackney Station. On July 16 I arranged the identification of Kennedy. William Kirby failed to pick him out. He afterwards said he was certain Kennedy was the man. Mrs. Kirby and Wells identified him. I did not charge him till July 17, when I said, "I will charge you with forging and uttering a cheque on the London and South-Western Bank and obtaining £72,"—i. e., the difference between £8 and £80. He said, "I know nothing about it. I am not guilty. "

Sergeant   WILLIAM SMITH , recalled. Kennedy gave an address Rowton House, Camden Road, which is about five miles from the "Lamb and Flag. "Longhurst's address, Bowling Green Lane, Farringdon Road, is three-and-a-half miles from the "Lamb and Flag. "The "Portsmouth Arms," Pentonville Road, is three-and-a-half miles from the "Lamb and Flag," and is between the two addresses of the prisoners. I have visited Fulham Road—No. 14 is pulled down.

  GEORGE JOHNSON , 41, Warren Street, Barnsbury, silversmith. I have been in the habit of using the "Portsmouth Arms," Pentonville Road. I have seen the prisoners there together three or four times, commencing about three months ago.

  WILLIAM HYNES , manager, "Portsmouth Arms. "I have known prisoners as customers from about ten or twelve weeks ago down to July 16; they were there together about twice a week.

(Defence.)

  GERALD KENNAWAY (prisoner, on oath). Gerald Kennaway is my real name; I trade as George Kennedy. I live at Bolney, in Sussex. I am an apiarist and honey dealer; I have two bee farms—two apiaries. I frequently come to London and go to Rowton House, Camden Town, where I get superior accommodation at 5s. a week for a bedroom. I first met Longhurst about the middle of June at the "Portsmouth

Arms," where he used to lunch. He told me he had had several public-houses and I thought he could introduce me to hotels to sell honey. He was about starting a street-betting business and we went to Homerton; we were three times at the "Lamb and Flag" to view the neighbourhood. On July 11 I understood from Longhurst that he was going to get a man named Litten to act as his agent in the neighbourhood of the "Lamb and Flag. "I met him at the "Portsmouth Arms" at 7. 30; we went in a taxi to the "Lamb and Flag," arriving there about 8; Longhurst wanted to send Litten some money to start betting the next morning. He asked Mrs. Kirby where the post-office was. She said it was shut. He then asked Mr. Kirby if he had any postal-orders. Kirby said, "No," and he then asked for a cheque for £8. Kirby told his daughter to write a cheque, signed it, and gave it to Longhurst; Longhurst asked for it to be crossed. I had a few letter-cards and gave Longhurst one; he put the cheque in, addressed the card and handed it to me to seal, which I did and handed it to Longhurst; he put it on the counter; Mrs. Kirby told him to put it in his pocket; it afterwards fell on the floor; I put it on the counter again. He put it in his pocket at about 9.50, when we left. We then returned by tram; I got off at Old Street to go to Rowton House. The cheque was never in my possession after leaving the "Lamb and Flag"; I have had nothing to do with forging and altering it. I have had none of the proceeds and do not know who has. When charged I said I knew nothing whatever about it.

Cross-examined. Since May I may have been regularly sleeping at Rowton House except a night or two—it is on the records. I have never seen A. Litten. I knew nothing of Longhurst's business. I said nothing in the "Lamb and Flag"—I was reading the paper.

  ALBERT HENRY LONGHURST (prisoner, on oath). At the time of my arrest I was living at Bowling Green Lane, Clerkenwell. I had known Kennedy two or three weeks previously. My object in going to Homerton was to start a street-betting business there. I had arranged with Harry Alexander Litten to start on July 12 for the Newmarket meeting if I sent him money. Going to the "Lamb and Flag" on July 11 I decided to start him; finding the post-office closed I asked Kirby for a cheque, for which I paid him £8. I owed Litten £1 for tips he had given me of two horses which won at Lingfield. I asked for the cheque to be crossed. I then asked for an envelope; Kennedy gave me a letter-card which I addressed "A. Litten, Hackmans Folly, Bermondsey," writing inside, "From A. Longhurst," with the pen which Kirby had used to sign the cheque. I asked Kennedy to seal it up, which he did and put it on the counter, where it lay for about three-quarters of an hour, when we left. We returned by tram. I posted the letter-card in Farringdon-oad. I heard nothing of the cheque until Sunday night, July 17, when I was arrested. Gosling's evidence is false. Immediately he arrested me I said, "Why, you must be mad. "I have not lost two boys. Seven years ago I lost a baby three weeks old. My other boy is 13 and in robust health.

(Saturday, September 10.)

Cross-examined. I have known Litten for several years; he has worked for 10 or 12 weeks at Homerton for the Labour Bureau or the Council; he has been a street-betting agent in Bermondsey, but has been caught there twice. He wanted the £8 for betting requisites and to pay out if he had a bad day. I had no receipt; I did not expect one; he would report to me at the end of the week or the following Tuesday or Wednesday. I do not know Tom Leahy, Trevelyan, Butter, or Jno. Mahony, as associates of Litten. I have not paid Litten any money or bought clothes for him; I have given him enough for a drink or for refreshment while here. I took Kennedy with me to Homerton for company; he is a learned man and I was taken with him; he had nothing to do with my betting business. I knew Gosling by sight. He told me he arrested me for forging a cheque "with others," not "with Kennedy"; I had no idea what cheque he referred to and said "You must be mad. "I afterwards said I knew nothing whatever about it.

Verdict, Guilty.

A second indictment against Kennedy was postponed to next sessions. Sentence on both prisoners postponed to next sessions.

BEFORE JUDGE RENTOUL.

(Friday, September 9.)

 

  PHILLIPS, Aaron (51, jeweller), pleaded guilty of, having been entrusted with certain property, to wit, one watch and two rings, the goods of   Israel Rees, in order that he might sell the same and return the money to the said Israel Rees, fraudulently converting the same to his own use.

Prisoner was released on his own recognisances in £10 to come up for judgment if called upon.

 

  ELLIS, Edward (43, stoker), and   MAYO, Joseph (38, baker) pleaded guilty of stealing eight jackets and other articles, the goods of   the Middlesex Gun Club; stealing 15 pairs of cricket boots and other articles, the goods of the members of   the Park Chapel Cricket Club.

Three convictions were proved against Ellis, and one against Mayo.

Sentences, Mayo, Three months' hard labour; Ellis, Nine months' hard labour.

 

  CLAXTON, William John (17, groom), and   EVEREST, Albert Edward (26, labourer) , carnally knowing   Jessie Emily Ralph, a girl above the age of 13 years and under the age of 16 years.

Mr. Clarke Hall prosecuted; Mr. Purcell defended.

Verdict, Not guilty.

 

  HODDER, Ben (37, milkman) , obtaining by false pretences from   the Metropolitan Electric Tramways, Limited, the sum of £10, with intent to defraud.   WELLER, George (41, milk carrier) , attempting to obtain by false pretences from   the Metropolitan Electric Tramways, Limited, the sum of £5 10s. and certain moneys from   William Clarence Swin-yard, in each case with intent to defraud; obtaining by false pretences from   Holloway Bros., Limited, the sum of £2 5s. and from   the Metropolitan Electric Tramways, Limited, the sum of £10, in each case with intent to defraud.   SMITH, Henry (36, decorator) , obtaining by false pretences from   the Union Assurance Society, Limited, the sum of £2, with intent to defraud; attempting to obtain by false pretences from   Hoare and Company, Limited, the sum of £8 10s., and from   Huggins and Company, Limited, the sum of £9, in each case with intent to defraud; attempting to obtain by false pretences from the   Metropolitan Electric Tramways, Limited, the sum of £5 10s. and certain moneys from   William Clarence Swinyard, in each case with intent to defraud.

Prisoners all pleaded guilty.

Mr. Ratcliffe Cousins prosecuted.

Weller had a permanent injury to his wrist and had utilised the fact to make various spurious claims for compensation. These he supported by hospital letters. The other prisoners assisted him in supporting his demands.

Detective   JAMES ADAMSTONE , N Division, proved the following convictions against Smith: January 13, 1910, Tottenham Petty Sessions, two months', stealing bicycle; North London Police Court, one month, stealing gammon of bacon. He said Weller had not done any regular work for some years past, but had been carrying on this system of fraud since 1905. Smith had made several unsuccessful claims.

Sentences, Weller, Six months' hard labour; Smith, Four months' hard labour; Hodder, One month's hard labour.

 

  BARLOW, Frederick (25, porter) , feloniously wounding   William Pellatt with intent to do him some grievous bodily harm.

Mr. E. C. P. Boyd prosecuted.

  WILLIAM PELLATT (waterside labourer). On the evening of August 20 I was in Blackfriars Road. Prisoner came from the "Railway Tavern. "He said to me, "I am going to do it for you to-night." I said, "Don't be so silly." He then said, "This is what you are going to have," and brought a glass tumbler from his right-hand pocket. I said, "Don't be so silly," and started to edge away from him. With that he struck me with his fist on the left-hand side of the face. I returned the blow. We closed and he hit me on the head with the glass in three places. We rolled over and over on the ground. While on the ground he dragged the glass across my face and ear and put it against my forehead and turned it round. I have three scars on my face and one on the finger. I took the glass out of his hands, put it in my pocket and handed it to the police. A. the station I was examined by the doctor and prisoner was charged. After a little consideration at

the station he charged me with using a knife on him. I never carry a knife. I was searched.

Cross-examined by prisoner. I was not drunk when I first saw you, and did not go in the public-house and kick your leg. I never spoke to you.

Prisoner. You say you never stabbed me with a white-handled knife.

Judge Rentoul. Have you a mark of a stab?

Prisoner. Yes, five, bandages and all. There is my waistcoat to prove it.

Judge Rentoul. What is to be said to that, Mr. Boyd?

Mr. Boyd. I said in opening that the prisoner, when examined by the doctor, was found to have upon him six or seven stabs. He charges this man with having done it. Prosecutor denies it. Except the prisoner's own statement there is no evidence that I am aware of.

Witness (to prisoner). I was under the influence of drink. I would not be in your company. I know you as a desperado. You got hold of my head, pulled the glass out of your pocket and hit me. Your motive was because a friend of mine the week before told me you had stabbed another man, and it was a shame. (To the Judge). I never had a disagreement with prisoner in my life before.

  ALFRED MURPHY , late draper's assistant. I saw Pellatt come from the public-house doorstep. Prisoner followed, and spoke to him. Pellatt seemed as if he wanted to walk away, but prisoner went after him and told him he wanted to fight him. Pellatt said he did not want to fight. With that prisoner struck him in the left jaw. They closed; then prisoner put his hand in his right-hand pocket and took out a piece of broken tumbler and struck Pellatt on the head through his cap. They fell to the ground and I lost sight of the glass. Four constables came up. I did not see Pellatt do anything before he was struck. Barlow was the first to start it. I did not know either of them.

To Prisoner. I said at the police-court you had taken drink and were excited. I am not a judge when a man is drunk. Pellatt seemed to have most drink on board.

  ARTHUR MEEKS , 255, Union Street, labourer. Standing outside the "Railway Tavern" between 7. 15 and 7. 45 on August 20, I saw Barlow and Pellatt talking. Barlow produced a glass-from his right-hand pocket. With that he put it in Ms pocket and struck Pellatt with his fist on the left side of the face. Pellatt struck back in self-defence. They closed, fell to the ground, and Barlow produced the glass again and struck Pellatt on the head and face with it. (To the Judge.) Barlow struck the first blow, and with his clenched fist. The glass was not in his hand then.

To Prisoner. I never saw you come out of the public-house. You could have seen me. (To the Judge.) I am the man that Pellatt referred to when he said a friend of his said it was a shame that prisoner had stabbed somebody. I only know that man just by going into the public-house. I saw his face bandaged up, and said, "Who did that?" He told me Barlow, and I said, "It is a shame. "I have

known Pellatt for years. I did not want to attend at the first hearing of the case because there were three or four of your confederates about.

Police-constable   JIM REGAN , 66 L. I saw prisoner having an altercation outside the "Railway Tavern," Blackfriars Road. Barlow took a glass from his right-hand pocket and struck Pellatt on the head with it. Pellatt closed with him, and Barlow struck him in the face with the glass, and both fell to the ground. I rushed across to separate them, but was unable to do so till assistance arrived. (To the Judge). Barlow struck the first blow with his fist, without the glass. I do not know whether there had been a previous quarrel. At the station Barlow said to Pellatt, "You have chive's me and I have chiv'd you several times with the glass; you have touched lucky. "He also said, "If I had a razor I would cut his f—g heart out." I found the broken glass in Pellatt's coat pocket. He said he took the glass from Barlow when they were on the ground to prevent him doing further damage. Pellatt's face was bleeding freely. Nothing was found on him except the glass.

Inspector   WILLIAM HALL, L Division. I was in charge of Kennington Road Station when Barlow and Pellatt were brought in. Both were bespattered with blood. During my investigation of the charge, Pellatt said, "I was in the 'Engine'"—meaning the "Railway Tavern"—"when him and some more of the gang come in and started on me. "We went outside and he took a broken glass out of his pocket and jabbed me in the face with it. Barlow said at once, "Yes, you f—g bastard, you know what it is for, but if I only had a razor I would do you in properly, too, now." To me, Barlow continued, "Ask him what it is for. The f—g cow's son is not man enough to tell you. He tried to chive me with a white-handled knife, but he could not. God blimy, I will do him in yet. I will swing for that sod." When prisoner was examined he had some wounds, which he said Pellatt had done with a knife. He then said, "That is all right. I don't want to pros"—meaning prosecute—"I will get my own back with him in another way when I come out. "Pellatt was charged with wounding him. When searched Pellatt had a portion of the broken glass on him, but no knife. Pellatt said, as to Barlow's wounds, "I did not do it. I did not have a knife. That must have been done by some of his own mob. "

  EDVEREST LOVELL , police surgeon, L Division, after describing the nature of prisoner's and prosecutor's wounds, said: Pellatt was drunk. Prisoner was quiet when I saw him. I have no note that he was drunk.

  JOHN PROCTOR , 17, Burman Street, London Road. I saw the two men conversing together. I saw them close together. They fell to the ground and a great mob came round. I did not see any blow struck.

(Defence.)

  FREDERICK BARLOW (prisoner, on oath). I plead guilty to this charge, but what I did was in self-defence. The man stabbed me first

and considerable violence was used, and I went back to the public-house and picked this glass up. When I came out there is another stab. I catched hold of his head and hit him in the neck and two in the cheek. What I done it for is he did this to me. He stabbed me first, and that is the idea of going back to the public-house and breaking the glass and doing to him what he done to me.

Verdict, Guilty.

Several previous convictions were proved.

Sentence, 12 months, hard labour.

 

  PELLATT, William (32, labourer) , feloniously wounding   Frederick Barlow with intent to do him some grievous bodily harm.

The prosecution offered no evidence. See case last reported.)

Verdict, Not guilty.

 

  HOPKINS, Charles (36, painter) , committing an act of gross indecency with   Charles Roberts, a male person.

Verdict, Guilty.

Prisoner was released on his own recognisances in £50 to come up for judgment if called upon.

 

  EKE, Samuel (68, labourer), and   WEATHERALL, Frederick (38, labourer). Eke committing an act of gross indecency with   Frederick Weatherall; Weatherall committing an act of gross indecency with   Samuel Eke.

Verdict, Not guilty.

BEFORE MR. JUSTICE HAMILTON.

(Saturday, September 10.)

 

  SIMPSON, William (32, clerk) . Feloniously shooting at   William Samuel Frost with intent to murder him.

Mr. Travers Humphreys and Mr. Oddie prosecuted; Mr. Roland Oliver defended (at the request of the Court).

  GRAHAM WITHERS , 29, Westow Road, Upper Norwood, said that on August 5 prisoner purchased the revolver (Exhibit 1) and case produced for 25s.

  HARRY COX , of Charles Lankester and Co., gunsmiths, Haymarket. On August 5 prisoner called at our shop and asked for a box of cartridges for a revolver; he said it was of English make, a Colt. I sold him 50 cartridges. Next day he came back and said the cartridges did not fit; he showed me the revolver (Exhibit 1) and I exchanged the cartridges, giving him 50 others in the box produced (Exhibit 13); they are expanding cartridges.

Cross-examined. Any normal revolver will take expanding cartridges. Prisoner did not ask for "expanding" cartridges.

  FREDERICK BROOKES WEBB , manager to Stevens and Company, chemists, Borough, proved that on August 9 prisoner purchased two drachms of chloroform.

  WILLIAM SAMUEL FROST. I live at Ruislip, and have a business in London. I have a season ticket between Ruislip and Bishopsgate on the Metropolitan Railway. On August 9, returning home, I caught the 2.15 p.m. train from Baker Street; I got into an empty first-class carriage at 2. 5; I took a corner seat; I had with me a leather bag; it contained nothing of value; I placed it on the seat at my side. About 2.10 prisoner entered the carriage and sat opposite me. When the train started I was reading a journal; prisoner appeared to be reading a morning paper. Within a few seconds the train entered a tunnel, and prisoner, without saying anything, produced a revolver, pointed it at my head, and fired two shots; I think neither of these hit me. I commenced to grapple with the prisoner; a third shot caught me in the chin. Prisoner had opened both doors; the revolver having fallen to the floor in the struggle, I managed to kick it out of the door. I called loudly for assistance and tried to find the communication cord, but there was none. Prisoner was trying to push me out of the carriage. As the train slowed down into Swiss Cottage Station prisoner got out into the tunnel. At that station I was attended to and sent to the hospital. I had never seen prisoner before. I was wearing a gold watch and chain and a pearl pin.

Cross-examined. The revolver was held quite close to my head, so that I was absolutely at prisoner's mercy. The shot that actually hit me was fired at very short range; the grains of powder had to be picked out of my skin. I do not adopt the suggestion that prisoner, finding I was more than a match for him, simply wanted to push past me and get out of the train; he was, in fact, doing his best to push me out.

  WILLIAM S. HANKINS. I was travelling in the adjoining carriage and heard three revolver shots and a cry. I tried to attract attention as the train passed through St. John's Wood and Marlborough Road Stations. As the train was slowing down to stop at Swiss Cottage Station I saw a man get out into the tunnel and run back in the direction of Marlborough Road.

  FREDERICK W. DEAN. I was on the platform at Marlborough Road Station when this train passed through. I noticed that the door of a first-class carriage was open, and I saw two men fighting. I called the attention of a porter and the train was signaled to stop at the next station.

  WILLIAM CURTIS. I was guard in charge of the 2.15 train; it does not stop between Baker Street and Kilburn. There are no communication cords on the train. After passing through Marlborough Road Station I noticed the train slow down and heard some shouting; looking out, I saw a man running along the tunnel in the direction of Marlborough Road; he had no hat on. At Swiss Cottage Station we stopped; on going to the carriage I saw Frost, who was bleeding and seemed quite dazed. In the carriage were two hats (the prosecutor's and prisoner's). Prosecutor's bag was under the seat. There was blood about the carriage and evident signs of a struggle.

  FREDERICK J. CHAMPION , signal fitter. On this afternoon I went into the tunnel below Marlborough Road and Swiss Cottage Stations. I found prisoner standing in a manhole; I said to him, "What are you

doing here?"; he said, "I fell out of a train. "When we got him to Swiss Cottage Station I heard him say: "The bastard; the first shot misfired; he attacked me first and I did it in self-defence. "

  ALFRED BURROWS , assistant linesman, was with the last witness when prisoner was caught in the tunnel. On being searched a phial of chloroform was found on prisoner. To witness prisoner said, "I wish the bastard was here who sold me this pistol."

  FREDERICK TAYLOR , porter, spoke to searching prisoner and taking from him the revolver case and a number of cartridges.

Sergeant AVORY, 83 S, who arrested prisoner, said that on the way to the station prisoner said, "He attacked me first; then I attacked him; he pushed me out of the open door on to the line. "

Sergeant   WALTER BEX, S Division. At the police station when I told prisoner the charge he said, "He attacked me first before I attacked him. "On examining the revolver I found it contained six cartridges; the first had been fired; the second and third had misfired; the fourth and fifth had been fired, and the sixth remained.

Detective-Inspector   HENRY BROOKES, S Division. On my reading the formal charge to prisoner he made no reply. He was searched and in addition to what has been spoken to there were found upon him some pieces of window blind cords, 5d. in money, and two out-of-date railway tickets. In the railway carriage I found two bullets and a portion of a third, a journal, and a newspaper.

  GEORGE GRIFFIN , permanent way inspector, proved the finding of the revolver in the tunnel.

  WILLIAM CARTER , coach builder at the Neasden works of the Metropolitan Railway, spoke to finding a bullet imbedded in one side of the carriage.

Dr.   JOHN CLARK WILSON , 18, College Crescent, N. W., said that he attended prosecutor at Swiss Cottage Station. He had a wound in the chin, from a bullet which had been fired at very close quarters; the bullet had expanded and torn its way out at another place. Prosecutor made a satisfactory recovery and there will be no permanent injury, except the scar.

  HENRY A. ROBINSON , divisional surgeon. I examined the prisoner on the afternoon of August 9; he was quite calm and rational; he had a few cuts and scars on his hands and a slight wound on the chin, an abrasion over his left knee and a slight cut on the left shin; they were such injuries as might have been caused by tumbling out of the train.

  THOMAS POPE. On August 10 I was at Marylebone Police Court charged with housebreaking. I was in a cell with prisoner and a man named Young. Young asked prisoner what he was there for. Prisoner replied, "It was for shooting a man; he followed a man to Baker Street; the man got into a first-class carriage; prisoner followed; as the train went along prisoner pulled out a revolver and shot at the man from under his newspaper; the first two shots misfired; the third shot hit him in the chin; if he had overpowered, the man he would have gone through his pockets and put him underneath the seat "; he also said that if when he got out at the station the people in the other carnages had tried to stop him he would have shot at them. He said

that he had got out of the carriage door on to the line and got an electric shock as he was going through the tunnel.

Cross-examined. I have heard it said that when prisoner got out of the carriage he had no revolver on him.

Verdict, Guilty, the jury adding a rider as to the absence of communication cords in the carriages on the Metropolitan Railway.

Prisoner (whose real name is Walter Terris) had had several previous convictions for burglary, housebreaking, etc.; the last was in December, 1908, with a sentence of 21 months' hard labour. While serving that sentence he was discharged from prison to a criminal lunatic asylum, suffering from mental delusions; from there he was discharged in July last.

  SIDNEY REGINALD DYER , medical officer of Brixton Prison. I have had prisoner under observation since August 10 and have discovered no sign of insanity or delusions about him.

Sentence, 12 years, penal servitude.

BEFORE THE RECORDER.

(Saturday, September 10.)

 

  EVANS, James (34, footman), pleaded guilty of burglary in the dwelling house of   Mr. George Major, and stealing therein one case of fish servers and other articles, his goods; burglary in the dwelling house of   Edwin Huber, and stealing therein one watch and other articles, his goods; burglary in the dwelling house of   Sidney Bacon, and stealing therein six knives and other articles, his goods.

It was stated that the value of the proceeds of the three burglaries was £95. Prisoner, who since his being discharged from his position as an indoor servant two years ago had been wandering about the streets, had broken into seven places and stolen about £300 worth of property.

Sentences, 12 months, hard labour on each indictment, to run concurrently.

 

  WATTS, Henry (25, groom), pleaded guilty of indecently assaulting   Lily Tillier, a girl under the age of 13 years.

Sentence, 18 months, hard labour.

 

  TOCHATTI, Arthur (30, railway constable), was indicted for feloniously wounding   Rose Schnabel, with intent to do her some grievous bodily harm. He pleaded guilty of unlawful wounding, and this plea was accepted.

  ROSE SCHNABEL stated that prisoner, with whom she had been keeping company for three years, had stabbed her because she wished to discontinue doing so.

Detective-inspector   ALBERT DRAPER, B Division, stated that prisoner was a married man, and had been endeavouring to obtain a divorce so that he could marry the prosecutrix.

Chief-inspector   HENRY SMITHSON , District Railway Police, stated that prisoner ever since he entered the service of the District Railway Company in 1903 had borne an excellent character, but that he had not been the same man since he had sustained an injury to his head in 1905, and that he would in consequence of this offence lose his employment.

Prisoner, in the course of a long written statement, said that he was suffering from nerve troubles at the time or he would not have done it, and that he was at present under medical treatment.

Sentence, Six months, imprisonment, second division.

BEFORE JUDGE RENTOUL.

(Saturday, September 10.)

 

  BASS, Alfred (31, carpenter) . Feloniously uttering, knowing the same to be forged, a banker's cheque for the payment of £4 17s., with intent to defraud.

  JOHN L. HOWARD , 7, Crowndale Road. On June 20 my house was broken into; ten blank cheques were taken from a desk, drawn on the National Bank, Limited, King's Cross Branch.

  FREDERICK WEBSTBURY , 183, Great Dover Street, S. E. On July 7 prisoner brought me this postcard of Mr. Shapira's asking for some Japanese paper. I wrote on it, "Sorry we have no Jap paper," etc. He went away and came back in a short time. He said he would take the paper we had and also asked for some panels. The price of the paper was 7s. 9d., the two panels 8s. 9d., 16s. 6d. in all. He tendered a cheque for £4 17s. made out and endorsed by William Shapira. I gave him £4 Os. 6d. in change. The cheque was dishonoured. I went to the police-station and identified the prisoner.

Cross-examined by prisoner. I do not know you as having dealt with me for years. (To the Judge.) At the station I said, "I know the name of Bass but I do not recognise prisoner at all. After identifying prisoner I turned round and saw his features. I said, "Why, that man is one of the Basses," and I was told he was named after Bass. That was my first recognition. (To prisoner.) Mr. Collins was about seven or eight yards away when you were at my place. He can see everybody who comes in if he likes. I think the cheque was changed between two and four. If it had been before two the cheque would have gone to the bank on the 7th instead of the 8th.

  WHOLFE SHAPIRA , bamboo manufacturer. I am a customer of last witness. This is one of my postcards. I do not know whose writing it is. I did not have this cheque from a Mr. Liegenberg. The endorsement is not mine. I saw prisoner once four years ago, when I met him at Mr. Westbury's. Prisoner was then a well-known man in the trade.

  STANLEY CHARLES WARRELL , cashier, National Bank, Pentonville Road. This cheque was presented through the London County Bank. I refused payment.

Police-constable   HENRY PICKARD , 381 G. I arrested prisoner on July 7, On searching him I found five blank cheques in a cigarette case at the top of his left boot between his skin and his pants. I also found several papers and tickets. He said he had found the blank cheques a fortnight ago in King's Cross Road.

Sergeant   BUTTERS, Y Division. I showed prisoner a cheque at Clerkenwell Police Court on July 7. I told him it had been stolen from 7, Crowndale Road, and had been forged. I also showed him the post-card which purported to come from Shapira. A little card found on him appeared to be in the same handwriting. He said, "That is mine: I know nothing about the postcard or cheque. "

To Prisoner. When I saw you on July 7 you were out on £5 bail for assault.

  ALFRED BASS (prisoner, not on oath.) I picked up the cheques about eight days before I went to the police-station with the constable, as he told me there was a warrant out for a case of assault. When the constable went to search me I had the handkerchief and case in my hand. I put the handkerchief back in my pocket and put my hands in my trousers pocket. The case slipped through. I had holes in both pockets at the time. After they charged me with that I was charged with burglary, remanded for a week and allowed out on bail. I showed up to my bail and then the case of forgery was put up against me. I do not think any man would have turned up in court to answer such a serious charge if he had known he had been guilty, only being out on £5 bail. I never took the cheque to Mr. Westbury. He is wrong in his identification. If I had gone there he or somebody in the firm would have recognised me in a moment, as I have dealt there over twelve years. Mr. Westbury was hardly ever there when I went to do business. I used to go soon after eight in the morning. I had a business of my own for fourteen years. It is the first time I have been in trouble such as this.

Verdict, Guilty.

Sentence, Three months, hard labour.

 

  IRVINE, Dick (28, labourer;. Robbery with violence upon   John Thomas Waller and stealing from him £1, his money.

  JOHN THOMAS WALLER , seaman, 13, Fingal Street, East. Greenwich. About 12 a. m. on August 16 I was in Paternoster Court. I had got to the bottom of the court and turned to go back, when prisoner rushed at me and tore my trousers pocket open and took out a sovereign that I had loose. He ran away. I chased him. He stood in a doorway and hit me in the mouth with his 1st. I had never seen prisoner in my life before. He ran into another court, I followed him, I heard a scuffle behind a door and saw prisoner, who struck me, loosening my teeth and splitting my lip. He ran 14 or 15 yards. I shouted "Police," and a police-constable captured him. He threw the sovereign in the street I saw its face. I saw the constable pick it up. I had been drinking but knew what was going on.

Police-constable   THOMAS STEVENS , 119 H. At 12. 20 a. m., August 16., I saw a scrimmage opposite Paternoster Court. I heard a cry of

"Police!" and ran in the direction of the cry. I saw prisoner running away. Police-constable Jarvis was with me. Prisoner ran into 31, Duval Street, We and prosecutor followed. I captured prisoner. During the struggle I heard some money fall. I saw Jarvis pick it up. Prisoner was the only man near. Prisoner made no statement. All he said was, "You f—g bastard. "Prosecutor's mouth was bleeding. His right trouser leg was torn, where he said the prisoner had got the sovereign out of. (To the Judge.) When my eye first fell on prisoner there were three or four altogether scuffling. Then prosecutor called out "Police!" Directly I got hold of prisoner's arm he threw the sovereign down. I only heard it drop. It must have fallen from him; nobody else was within 20 yards.

Police-constable   JARVIS , 200 H. I was with last witness. I heard the sovereign fall and picked it up. I lost sight of prisoner when he went into the house. He immediately came out again, but he was the only black man there. Only prosecutor and he were there.

(Defence.)

  DICK IRVINE (prisoner, on oath). I am a labourer. I was born at Pietermaritzburg. On the night this happened me and my friend had just come away from the dock, where we always go down to see if there is anything doing. Just coming down the street we passed the two policemen. My friend is another coloured fellow. I bids him good night, and goes in my house. I gets arrested. The reason my friend is not here is because he was indoors and did not see it. I know nothing of this at all. I am quite innocent.

Cross-examined. The sovereign was found before I was arrested. I did make answer to the charge; I told them I was not the man. The last constable in the box said, "It is no use saying anything whether you are the man or not. When we get to the police-station our word will go before yours. "I was arrested while I was standing there innocent at the time. I was not running. I gave 9, Miller's Court, as my address. I have lived there nine months and pay the rent through my missies, Jessie Smith. I have been employed the last six months at Royal Albert Dock. My foreman is Harry Jordan. The police did not ask where I was employed. (This was denied by the police).

Verdict, Guilty.

Several previous convictions were proved.

Sentence, Three years, penal servitude.

BEFORE MR. JUSTICE HAMILTON.

(Monday, September 12.)

 

  CLARK, Jane (36, bookfolder) , feloniously attempting to kill and murder   Dorothy Clark.

Mr. E. C. P. Floyd prosecuted; Mr. Eustace Fulton defended (at the request of the Court).

  DENNIS DONOGHUE , van guard (15 years old). On August Bank Holiday, at 11 p. m., I was with Wharton in Bermondsey Square. I heard prisoner and her husband rowing, and saw her leave her house carrying a baby. She went towards Tower Bridge, and we followed. At the foot of the bridge she made an attempt to throw the baby over; I heard her say, "Good-bye, Dolly"; I ran in front of her and caught hold of her arm and Wharton went for a policeman. She walked away; then the policeman came and she again attempted to throw the baby, and the policeman caught it.

Cross-examined. When Wharton and I got up to prisoner and she saw who we were she simply went on walking.

  GEORGE WHARTON (14 years old) corroborated. He added that when he and the other boy went up to prisoner she said, "It's all right, I'm only showing baby the water."

Police-constable   JOHN LIGHTFOOT , 246 C. I was on duty on Tower Bridge when Wharton spoke to me. I saw prisoner carrying the baby. When she got to the bascule she deliberately attempted to throw the baby into the river; it was actually in the air when I caught it; almost as she threw the child away prisoner fainted. When charged with this offence she said, "I am drunk"; she had been drinking but was not drunk. She said she had been out with her husband all day; that on getting home they had had a bit of a tiff and she picked up the baby and brought it on to the bridge.

Cross-examined. The child was well developed and showed signs of being properly looked after.

Detective-Sergeant   JAMES BROWN. I have made inquiries about prisoner. She is a thoroughly respectable working woman, and her husband is in respectable employment.

Prisoner's statement before the magistrate. "It was myself I wanted to do in, not the baby."

(Defence.)

  JANE CLEARK (prisoner, on oath). I live with my husband at 7, Bermondsey Square; the baby Dorothy is two-and-a-half years old. On the Bank Holiday I and my husband had been for an outing; we both got home the worse for liquor; he started quarrelling; as I was undressing baby he struck me; I ran out with the baby in my arms. I heard someone following me and thought it was my husband; I kissed the baby and said, "Good-bye, Dolly, daddy don't want us, we will jump into the water. "I had no intention of doing this; I said it to frighten my husband, who I thought was just behind me; when I saw it was only the boy Donoghue I walked on. When I got to the arch I again heard someone following me and I thought it was my husband. I said to myself, "My husband is a coward not to come and speak to me; I will run. "I started running and heard someone running after me. I hardly know what I did, but it is untrue that I threw the baby

away from me; the policeman must have caught it just as I fainted. I had no intention of trying to drown the baby; I love it too much.

Verdict, Not guilty.

BEFORE THE RECORDER.

(Monday, September 12.)

 

  BRISTOW, Charles, otherwise LEE , Charles (38, dealer), and   BRISTOW, Clara (39, shopwoman) . Both conspiring and agreeing together to obtain by false pretences from   Charles Francis Newman £3, and from   Welford Wasel Walker £5, in each case with intent to defraud. Both conspiring and agreeing together to obtain and in pursuance thereof obtaining by false pretences from the   General Accident Fire and Life Corporation, Limited, £15, with intent to defraud. Charles Bristow attempting to obtain by false pretences from   Charles Francis Newman £3, and from   Welford Wasel Walker £5, in each case with intent to defraud. Charles Bristow obtaining by false pretences from the   General Accident Fire and Life Corporation, Limited, £15, with intent to defraud.

Mr. Hurrell prosecuted; Mr. C. W. Kent and Mr. Tully-Christie defended.

  CHARLES FRANCIS NEWMAN , builder, 814, Garratt Lane, Tooting. I live at 159, Pope's Grove, Twickenham. Amongst others 77, Fountain Road, Tooting, occupied by a Mr. Heath, belongs to me. On June 6 last, in consequence of what I had heard, I went to No. 71 and saw Mrs. Field. From there I went to No. 77. On June 14 I got a letter from a person of the name of Bristow. I do not know prisoner's writing, but he has admitted he wrote it. It stated that his wife had an accident in consequence of the gate at No. 77 swinging open. On the 19th he wrote me: "Dear Sir,—I have called at Tooting several times to try and see you concerning my wife's accident, but I have been unable to do so, but if you will give me a satisfactory reply to this letter not later than Thursday, it might save you a lot of trouble. I am not wishful to instruct my solicitors in this matter but failing a reply at the time mentioned above and without giving you any further notice I shall have no alternative but to do so. "I replied to it. On June 18 I received another letter making an appointment at my place for 1. 30 that day. In consequence of the letters I received I communicated with the police. Prisoner came to see me on the 20th. Sergeant Jocelyn was concealed in a motor car in my work-shop. A little before this I met prisoner in Garratt Lane. He said he had come to see me about the accident to his wife. He said that she was hurt in the stomach, which was rather serious as she was in the family way. I told him I had a few questions to ask him and asked him to come into the workshop. In reply to my questions he said that his wife was collecting money in Fountain Road, and that he did not know how the accident happened; that he would give me the

names and addresses of the witnesses at the proper time; that it was at 10 p. m. on the Saturday and that he was at Balham when it happened; that she was helped by two witnesses to the tram about a quarter of a mile away, but refused to give me their names and addresses, although he knew them; and that on arriving home she saw a doctor and she had to go to St. Thomas's Hospital. He then left, saying he had an appointment and that he would settle it for £3; if not, it would cost me a lot more. I told him I should not settle until after I had made inquiries. The gate referred to is 2 ft. 9 inches high, and cannot swing outwards unless it is pushed. Within a few hours of this interview I went to his address, 27, Fernlea Road, and said I should like to see his wife. He showed me into the front room where I saw Clara Bristow in bed. I asked her whether the accident was the cause of her being ill. She made no reply but looked at her husband who said, "Yes, it was. "The blinds were drawn and she had her face powered; she looked very bad. I told her to let me see her hospital card, as her husband had promised to show it me. She said she could not find it. I said I was in no hurry and that I would wait while they looked for it. They would not look for it. I was there about ten minutes and never saw it. I asked her the name of the doctor whom her husband said she had seen on the Saturday night and she said that she had not seen a doctor but had gone to the hospital on the Monday morning. She also stated that she did not know the names and addresses of the two men who had helped her to the tram.

Cross-examined. They never obtained any money from me. I say there was no accident. The gate was not, to my knowledge, out of repair. I had it removed after the accident (it might have been a day or two or a week) because somebody had stolen the catch from it, and I wanted another put on. It was not a dangerous gate. I know it did not project over the pavement. I have not a suspicious mind. It was as a result of my inquiries that I went to the police. Sergeant Jocelyn wrote down the questions I asked prisoner in my workshop. I was not in a hurry when I saw prisoner's wife; it was prisoner who was in a hurry. I suggest they refused to produce the hospital card. I heard the inspector say he had found it after searching. Bristow did not say to me, "Don't come here any more. I want nothing more to do with you. "I did not suggest settling it with a cash payment. I was assisting the police in the matter and I acted under their instructions.

  JOHN HEATH , wife of Samuel Heath, 77, Fountain Road. About 11.30 p.m., on June 4, a man called at my door and asked if it was No. 76. I told him it was No. 77. He asked for a name which I did not know, and he then went away. About five minutes later he returned, and asked for the same name, and went away again. A few minutes later I beard a woman scream and a gate bang. I went out to see what it was, and saw a woman leaning against my gate in a stooping position. The man came from the opposite side of the road and asked her if she was hurt. A stouter man then joined them. I did not see him sufficiently to recognise him afterwards. The woman

remained at my gate about 15 minutes, and then the young man led her away towards the tram. She was stooping is if in pain.

Cross-examined. I did not see male prisoner at all that night. I could not recognise Clara. The gate was pulled back inside after the accident. (To the Court.) There was nothing wrong with the gate before the accident that I know of. I do not know who took the latch off. The woman did have an accident.

  SAMUEL HEATH , having corroborated his wife's statements as to two visits of the man on the night of June 4, added: As I got to the door this man had just turned to leave. He pulled the gate out on to the path. I caught hold of the gate and put it into its place again. Seeing him go slowly to the corner, I thought there was something wrong. I went to the back and saw him standing against the fence. A male and female were standing at the corner of the road leaning against my fence. I got a little closer to try and hear the conversation, when he opened the door into the chicken run and I heard a scream and a bang. I ran into the front and saw Clara Bristow leaning against the wall in a stooping position and the male standing beside her. I went to the corner to see if it was the same female, and it was. A young man, who appeared to be a stranger, came up and helped her to the tram. The gate was shut when I heard the scream. I could see afterwards that the latch had been taken off. The Recorder here intimated that he would direct the jury to acquit prisoners on Counts 1 and 2, as he did not think there was sufficient evidence to show that the accident had not taken place.

  WILLIAM JAMESON , claim inspector, General Accident, Fire, and Life Corporation, Limited. On June 27 I received a letter (Exhibit 7) from "C. Bristow" asking me to let him know by the following Wednesday what I was going to do concerning the accident that had befallen his wife on the 15th inst. in consequence of a fanlight at "The French Horn," failing which he would have to resort to litigation. On the 29th I called at the address mentioned, 27, Fernlea Road, Balham, where I saw prisoners. He said that his wife when leaving "The French Horn" had caught Her foot in a defective pavement light; that he had taken her to St. Thomas's Hospital, where she was attended to by Dr. Greig or Gregg, and that she was eventually discharged from there when Dr. McNabb, of Balham, was called in. I left saying I Should like our own doctor, Dr. Cripps, to examine her, to which he consented. Re examined her on July 6. I again called on the 12th Clara Bristow was lying on a couch with her left foot in bandages. Male prisoner remarked that he did not expect the affair to have turned out like this, and that he expected his wife would be incapacitated for a considerable time. She made remarks to the like effect. I finally agreed to settle for £15 and laid the money in gold on the table, receiving a receipt signed by them both. I believed their account of the accident to be correct.

Cross-examined. I settled after our doctor had examined her.

  FREDERICK WILLIAM CATES , manager for William Henry Mills, of The French Horn," East Hill. I received from my wife particulars

of a complaint and on the following day I saw male prisoner. He said his wife coming out of the bar had caught her foot in a broken pavement light, that she had been thrown down and her ankle had been fractured. He wanted to know what I was going to do, and I said I would see my employer and let him know. I then found that the house was insured with the General Accident, Fire, and Life Corporation, Limited, and I referred prisoner to their agent. There was a light broken just outside the lounge bar sufficient to take the heel of a boot. Prisoner said he had taken his wife to the hospital in a van. As a matter of fact, he borrowed a chair from the house for her to sit on.

Cross-examined. Estimates were out at the time to have these lights repaired. After the accident they were cemented in. The light was in such a position that if anybody did put their heel in it it would probably cause an accident.

  CHARLES KING , painter, 25, Sherbourne Road, Holloway. About the middle of June I was at work at "The French Horn," when I saw a van drive up containing two men and a woman, who went into the public-house. The female prisoner came out, looked round, and went back again. A few minutes after she came out again, and made a bit of a tumble from the step on to the glass. She made two steps and went on to her knees, and fell over on to her side. Some friends came out and took her into the bar, where she remained ten minutes. They then brought her out and put her in the van; she seemed to require assistance. None of them seemed the worse for drink. The broken piece of glass was nowhere near where she fell; she made a false step from what I could see of it. It was quite light at the time—about 4.30 p.m.

Cross-examined. I was about 10 or 12 feet away in the next lobby to where she fell. The lights are just underneath the entrance to the public bar, and extend about 8 to 10 feet. I can swear that there was no piece of broken glass near where she fell. Some lights were out but wood was let in. These were not where the accident occurred. She fell two or three feet away from the broken glass. She fell over to the right, and the lights were to the left. The insurance agent did not see me on the matter.

The Recorder expressed the view that, although the circumstances were very suspicious, the prosecution had not proved that the accident had not taken place.

Mr. Hurrell stated that the allegation of the prosecution was that, although an accident had in fact happened" it did not happen in the circumstances and at the time alleged.

The Jury, under the direction of the Recorder, returned a verdict on all counts of Not guilty. The Recorder accordingly discharged prisoners, stating that it was a very suspicious case indeed, and recommending them to be very careful in their future conduct.

 

  ROSE, William (47, decorator) , feloniously assaulting   Henry Allen and robbing him of one medallion, two keys, and other articles, his goods.

Mr. W. B. Woodgate prosecuted.

  HENRY ALLEN , clerk, 28, Portobello Road, W. About 11.30 p.m. on July 30 I went into a urinal near Chepstow Villas. I was coming away to go into Chepstow Mews, when prisoner walked in front of me and snatched my chain. I asked him what he was doing and he said, "Don't you b—well play with me," and demanded my money. I said I had none to give him, and he said he would murder me if I did not give it to him; he used filthy language. Saying I would give him 1s. 6d., all I could afford, I gave him a shilling and two sixpences as far as I can remember. He put them into his pocket and then said, "Now I want what you have got. "He had heard the rest of the money I had in my pocket rattle. I said I could not give him any more as I had to get through the week and he struck me in the eye and said)" You will not leave this place alive until you give me what you have got." I said, "I shall call for help," and started calling, "Murder! Police! Help!" He then got me up against the wall and put his right hand into my pocket. I said, "You can kill me, but I am not going to let go your hand. "His left hand was over my mouth and I got the door open somehow and got out. There were about 20 people outside, none of whom had attempted to help me. He attempted to run away and I said, "Hold that man. He has got my money. "Mrs. O'Donovan held him. I had on me a chain attached to which were some keys and a medallion. I value the chain and keys at 1s. I do not know whether the medallion is silver. Stevens, a police-constable, came up, and in prisoner's hearing I said to him, "This man has my money. Arrest him."

Cross-examined by prisoner. A sixpence was found in the urinal. The other must have fallen down the grating or been thrown over the wall. My face was one mass of blood, and my coat collar was saturated with it. I did not meet you at Notting Hill Gate and ask you to have a drink. We did not have drinks at the "Swan. "I did not suggest your coming on to the "Chepstow. "There was no discussion about my being able to ride racehorses nor did we fight in the urinal about it. If you had a black eye, I did not give it to you; you must have made it yourself against the wall. I did not say when we got outside the urinal that I was going to lock you up because you had tried to rob file, and you did not say, "What for?. It was only a drunken argument."

  EFFIE O'DONOVAN , wife of John Donovan, 14, Chepstow Tavern Mews. On the night of July 30 I and my husband were coming down Chepstow Place, when we heard shouts of "Murder!" and "Police!" My husband went down the mews to the urinal, where the shouts came from, while I stayed at the top. I then saw prisoner rush out of the urinal, the prosecutor crying, "Stop him. Don't let him go like that. "Prosecutor was covered with blood. My husband shouted to me to stop prisoner and I rushed across and held him until the police came, which was about two or three minutes after. He was struggling to get away. My husband then came up. I had seen prisoner loitering about the "Chepstow Tavern" previously the same evening. He had been there

hanging about since the previous Thursday—this being the Saturday. I saw him drop prosecutor's chain and the constable picked it up.

To prisoner. I did not say at the police court that I saw prosecutor come out first and you followed him. I put all my grocery down except the meat, which I had in one arm and held you with the other.

Police-constable WALTER STEPHENS, 241 F. A little after 11 p.m. on July 30 I was on duty near the "Chepstow Tavern, "when I saw a crowd outside there. I went up and found prisoner being held by the prosecutor surrounded by about 12 or 15 people. Mrs. O'Donovan and her husband were holding the prisoner. Prosecutor's eye was cut and blood was dropping down on to his coat. He said, "This man has nearly strangled me and has taken my money. "Prisoner said, "Search me. I have not got his money. Look in the urinal." I found prosecutor's hat and umbrella outside, both smashed, and inside the urinal 6d. I went up to prisoner, who was being detained by a sergeant, and asked him what he had in his hand, and he dropped this chain and medallion on the ground.

Cross-examined by prisoner. When prosecutor came to the station he did not pull his chain from his pocket.

Prisoner's statement before the magistrate: I call witnesses. I met the man at Notting Bill Gate and we had drinks together in 'The Swan., He said then, 'Come as far as Chepstow.' On our way an argument arose about horse-racing. He said, 'We will go to the urinal first. 'When in there I told him he could not ride a donkey let alone a racehorse. He then smacked me in the eye. I struck him back and then we went at it for all we were worth. During the fight I got so exhausted that I did not know what did happen, but I had no intention of robbery whatever. I do not remember ever seeing the chain until it was produced at the police station. When the charge was read I denied it. I had been on the drink for several days, and it was nothing but a drunken freak. When drunk I do not know what I do. I am of weak intellect."

  WILLIAM ROSE (prisoner, not on oath) repeated the statement that he had made before the magistrate, omitting that he was of weak intellect, and adding that he had no witnesses.

Verdict, Guilty.

Prisoner confessed to a conviction of felony at the West London Police Court on May 23, 1907, when he was sentenced to three months' hard labour. Several other convictions were proved. Prisoner was stated to be an associate of prostitutes and thieves, and regarded as a pest in the neighbourhood of Notting Hill Gate.

Sentence, Five years' penal servitude.

The Recorder directed that a reward of £2 should be given to Effie O'Donovan for her courageous conduct.

BEFORE THE COMMON SERJEANT.

(Monday, September 12.)

 

  CELLIS, Aldo Antonius (29, clerk), and   BERARD, Alexander (25, fitter) , both conspiring to procure and procuring   Mireille Laparra and   Marguerita Besancon, unmarried girls, aged 17 and 18 years reepectively, to become common prostitutes; both conspiring to procure and procuring   Victoria Bricot to become a common prostitute; both conspiring together and with a certain woman unknown to procure and procuring   Doris Williams, a girl aged 17 years, to become a common prostitute.

Prisoners pleaded guilty on the first count, which plea was accepted by the prosecution.

Sentence, Six months' hard labour; prisoners recommended for expulsion under the Aliens Act, and ordered to pay the costs of the prosecution.

 

  CROZIER, Arthur Alexander . Obtaining by false pretences divers valuable securities, to wit, from   George Bartlett, banker's cheques for £10, £10, £12, £22, and £10 respectively; from   Edward Stephen Copeman a banker's cheque for £10; from   Mary Skinner a banker's cheque for £20; from   Bettie Hopkins on a Post Office money order for £10, and a banker's cheque for £20; from   James Halley a Post Office money order for £9; from   Arthur Stanhope Post Office money orders for £10, £20, and £12 respectively, in each case with intent to defraud; attempting to obtain by false pretences from   David Francis the sum of £20, with intent to defraud.

Mr. Bodkin and Mr. Travers Humphreys prosecuted; Mr. Frampton defended.

  FRANCIS MINCHIN , clerk to the Registrar of Joint Stock Companies, Somerset House. I produce file of Crozier and Co., Limited, registered April 23, 1907; capital £500, in £1 shares; assets, the business of patent experts carried on by A. H. Crozier and H. E. Moore; purchased by 490 shares issued fully-paid to the vendors; directors, A. Crozier and Marian Idalia Crozier; 489 shares held by A. A. Crozier and one share each held by eight others.

  HERBERT ALEXANDER LANE , clerk to Consolidated London Properties, Limited, owners of 110 and 111, Strand. My company let two rooms to A. G. J. Moore and A. A. Crozier from February 20, 1905. Prisoner has given notice to determine at Christmas next.

  FRANK KEER-KEER , cashier, London and Westminster Bank, Temple Bar. My bank opened an account on February 27, 1905, with A. G. Moore and A. A. Crozier, the name of which on April 27, 1907, was altered to Crozier and Co., Limited. Since August, 1907, prisoner alone has operated on the account.

  BERTIE HOPKINSON , bootmaker, 1,100, Harrow Road. In 1906 I had invented an advertising device and saw advertisement in "Daily Telegraph": "All inventors requiring capital should write or call on Crozier and Co., limited, patent experts, 110 and 111, Strand, who have many capitalists on their books who will finance or buy good inventions

The simplest inventions are often the most valuable. No results no charge. "I wrote and received reply headed, "110 and 111, Strand, September 18, '06. Crozier and Co., patent experts, trade mark agents, consulting engineers. Patents, designs and trademarks for every country in the world. Patents sold and negotiated. Searches made. Agents in every country in the world", asking for particulars of my invention. I saw prisoner and showed him the model. He said he could no doubt get me a client who would pay £500 for it. He advised me to take out provisional patent, his fee for which would be £3 3s., for which I sent postal order the next day. Prisoner then wrote that he had a client who would purchase, but it was necessary to take out a complete patent for which his charge was £10. I saw prisoner and asked if the purchasing client would assist and if he could introduce me to the client. He said he never brought the purchasing and selling clients together. He said the client would pay £750 for the British patent. I sent prisoner the £10. After a lot of correspondence prisoner wrote stating that his client wanted the French and Belgian patents; that he (prisoner) had asked £750 for the British, £450 for the French, and £300 for the Belgian patents; that his client had to arrange with the other directors in Brussels and that it would be neces-sary for me to send £20 for taking out French and Belgian patents. I then sent the £20 by cheque (produced). Prisoner then wrote that it was necessary to take out a German patent as his client required a certificate of universal novelty, the cost of which would be a further £10. I saw him and refused to spend any more money with him. Further correspondence and interviews ensued. I told prisoner I wished to sell off the patents already taken out. I tried to get my money back. He then called me a blackmailer, told me he had me in his clutches and could squeeze me, and said that Von Veltheim had had 20 years penal servitude for blackmailing; that I had blackmailed him and it was only time I could get for it. I invited him to ring up on the telephone and call the police in. He declined. I afterwards communicated with Scotland Yard myself. Before I left him he showed me a letter from the north of England asking for particulars of anything in the way of advertising. I agreed to return my model which I had had back for that client to see, and did so. I have since received the model back, apparently having never been unpacked.

Cross-examined. I received from the prisoner the patents which I paid for. I had paid prisoner £34. I demanded £65 from him to cover cost of models, samples, and expenses I had been put to. I had also borrowed £20 for which I paid interest.

Re-examined. I should not have paid the prisoner for taking out the patents but that I believed the representations he made.

  ARTHUR STANHOPE , miner, The Poplars, Shire oaks, Workshop. In May, 1908, I invented an identification garter. (Witness produced a long series of letters in the same terms as those written to the last witness, by which he was induced to pay for a series of patents at a total cost of £5019s., borrowed money, on the representation of prisoner that a capitalist client was ready to purchase his invention when protected).

  EDWARD STEPHEN COPEMAN , solicitor, Nelson Ho, Nelson Street, Lowestoft, not practising. In November, 1906, I invented a method of communicating between a ship and the shore for which in July, 1906, I had taken out provisional protection. I saw prisoner's advertisement, and in consequence of his representation that he had a capitalist client who would purchase at £750, sent him £10 to complete the patent.

Cross-examined. I have had upwards of 50 patents, about eight of which I have completed. The charge of £10 was a fair price for obtaining the patent, which I duly received from prisoner.

(Tuesday, September 13.).

  MARY SKINNER , schoolmistress, Wembley House, Wembley. I invented an improved lady's purse; in 1905 I took out provisional specification and in 1906 the full patent for Great Britain. In August, 1907, I saw prisoner's advertisement and on his representation that he had a client who would buy for £1,250, sent him £20 to take out the French and Belgian patents. He then demanded further money for certificate of universal novelty, which I refused. I should not have paid the £20 but that I believed his assurances that he had a client who would purchase.

  FREDERICK SAMUEL SKINNER , landscape' artist, Flitwick, Bedfordshire, brother of the last witness, corroborated and spoke to various interviews in which prisoner had replied that his client would purchase if the French and Belgian patents were taken out.

  GEORGE BARTLETT , builder and contractor, Luton. In December, 1907, I had taken out provisional patent for an adjustable foot for ladders. I received a note from Crozier and Co. (A long series of letters were read precisely similar to those in the previous cases, by which, under the assurance that a capitalist client of prisoner's was prepared to purchase, a series of Continental patents were taken out by the prisoner by the prosecutor at a cost to him of £89 8s. 4d.)

  JAMES HALLEY , foreman engineer, West Bromwich. In 1909, in conjunction with a Mr. Pacey, I had taken out provisional protection for a new method of lengthening the crank of a bicycle. I saw and replied to prisoner's advertisement, received letters stating that he had a client ready to purchase if the patent were completed, and forwarded him £9. He then required me to take out French and Belgian patents, which I refused. I forwarded the £9, believing prisoner's statement that there was a client. Prisoner was unable to complete the British patent and I afterwards completed it through another firm.

  DAVID FRANCIS ROURK , 15, Fentiman Road, S. W., usher at Bow Street Police Court. On February 17, 1909, I obtained provisional specification for a new flying machine, and in May, 1910, completed the British patent. I had noticed prisoner's advertisement for several years in the "Daily Telegraph," and on May 13, 1910, I wrote to Crozier and Co., Limited, received a series of letters, stating they had

a client who would purchase, and suggesting my taking out foreign patents. I did not advance any money to prisoner.

  ROBERT BOLTON RANSFORD , member of Carpmael and Co., Southampton Buildings, patent agents, and hon. secretary of the Chartered Institute of Patent Agents. The cost of provisional protection for a patent in this country is £1; for complete patent £3, and £1 on sealing. A French patent costs £4; a Belgian patent 8s.; a German patent £1; a United States patent £3 on application and £4 on issue, a Canadian patent £4.

Cross-examined. The charges made by prisoner were reasonable charges for the work of preparing lodging and paying the fees by a patent agent.

Inspector THOMAS DUGGAN. On June 25 I served summons on prisoner with regard to £10 obtained from Bartlett. Prisoner said, "Of course, that is all wrong—this £10. It does not say what the £10 is for. Mr. Bartlett was simply applying and taking out patents in the ordinary way, the same as any other client would do. Can you give me any information?" I said, "You know what happened between yourself and Mr. Bartlett. "He said, "Mr. Bartlett is a blackmailer—you can put that down if you like—he wrote me threatening letters." He afterwards said, looking at the summons, 'Valuable security.' I do not know what that means—no security at all. He spent more than £10; he got, what he paid for. 'With intent to defraud. 'Well, that is absurd altogether. Can I see the information?" I said, "He alleges like many others that you intend him to spend money in taking out patents on the strength of your statement that you had a client who was going to purchase the invention. He also says, like others, that that client is mythical, and has never existed. "Prisoner said, "You will have to prove it. "

Verdict, Guilty, the Jury finding that the pretences alleged were false to the prisoner's knowledge, and that by those pretences he obtained the different sums of money, and that he did that fraudulently.

Sentence, Six months, imprisonment, second division.

BEFORE JUDGE RENTOUL.

(Monday, September 12.)

 

  SPENCER, Charles (34, tailor), pleaded guilty of stealing a watch, the goods of   Thomas James Ward, from his person.

Several previous convictions were proved.

Sentence, 12 months, hard labour.

 

  BRIGHTWELL, Edward (33, greengrocer) . Carnally knowing   Ada Jary, a girl under the age of 16 years and over the age of 13 years.

Verdict, Guilty.

Sentence, Three months, hard labour.

 

  PEARSON, William David (33, cook) . Carnally knowing   Alice May Beckwith, a girl above the age of 13 years and under the age of 16 years.

Verdict, Guilty.

Sentence, Six months' hard labour.

 

  JONES, William Ernest (19, piano maker) . Attempting to carnally know   Iris Vernona Spring, a girl under the age of 13 years.

Verdict, Guilty.

Prisoner was released on his own recognisances in £5 to come up for judgment if called upon.

 

  TAYLOR, Maria Martha (37, factory hand) . Having the custody of   Florence Taylor, a girl under 16 years, unlawfully causing and encouraging her seduction and prostitution, and procuring the said   Florence Taylor to have unlawful carnal connection with, other persons, she being a girl under 21 years and not a common prostitute or of known immoral character, and procuring her to become a common prostitute.

Verdict, Not guilty.

 

  SPRAY, John (36, hawker), and   WEBB, Edwin Thomas (15, kitchen porter). Spray committing an act of gross indecency with   Edwin Thomas Webb, a male person; Webb committing an act of gross indecency with   John Spray, a male person.

Verdict, Webb, Not guilty; Spray, Guilty.

Sentence, Six months, hard labour.

BEFORE THE RECORDER.

(Tuesday, September 13.)

 

  MCGUINESS, Thomas, (44, clerk), and   KENNEDY, Arthur Douglas (37, clerk), pleaded guilty ( September 12), McGuiness of forging and Kennedy of uttering, knowing the same to be forged, divers orders for the payment of money, to wit, banker's cheques for the payment of the several sums of £10 3s. 2d., £38 16s. 11d., £10, £30, £10, £10, £10, £10, £68, 16s. 11d., and £150, in each case with intent to defraud.

It was stated that McGuiness had been for 28 years employed as cashier and Kennedy 20 years as a clerk by the firm from whom they had embezzled in all £200.

Sentences, McGuiness 18 months' hard labour, Kennedy 18 months' hard labour.

 

  PLANT, John Charles (26, glass-blower) . Stealing a quantity of bronze and copper wire, the goods of   his Majesty's Postmaster-General.

Mr. Forster Boulton prosecuted.

Police-constable   THOMAS BARTON , 616 J. At 3 a.m. on July 28 I was on duty at Hackney Cut, walking along the towing path close to where the telegraph lines run. I saw nothing the matter with them then. At 4. 45 a. m. I noticed eleven of the wires had been cut and taken away; I should think there were 1,000 yards missing.

Police-constable   DAVID BERNARD ROW , 710 J. At 8 a.m. on July 28 I was on duty at Pond Lane Bridge, which runs across Hackney Cut, when I saw a man coming along the towing-path with prisoner, who was on the marshes. The man on the towing-path could see me. He whistled to prisoner, who was then 10 to 15 yards away from me. Prisoner looked round and seeing me he dropped the sack he was carrying and ran away. I followed him for about 200 yards, when I stumbled and fell. I lost sight of him, and he got away. I recognised him as a man I had seen before. They called him "Lord Mayor. "I returned to the sack, which I took to the station. It contained copper wire, of which this is a sample (produced). On August 18 I went to Victoria Park Police-station, where I picked prisoner out from ten other men. I am absolutely certain he is the man.

To the Judge. The morning of July 28 was fine and clear, and I could see his face clearly.

Cross-examined by prisoner. I saw your face for about two seconds. I saw you about before this several times since I have been at Hackney—last October. I am not certain as to how long before this I saw you. I do not know you have been in the infirmary for the last 18 months. I described you at the station as fair and that you had an outbreak on your face. You had hair on your face. It is thicker now.

Sergeant   WILLIAM SMITH J , Division. At 7.15 p.m. on August 18 I was on duty at Hackney Marshes, when I saw prisoner. I told him I was a police officer and should take him into custody on suspicion of being-concerned with another man, not in custody, of stealing a quantity of copper telegraph wire from the telegraph poles adjoining Hackney Cut on July 28. I had been given on July 28 a description of the man that was wanted for stealing copper wire. He replied, "I heard you were after me. I had a good mind to come and see you in Hackney. What date did you say it was?" I said, "28th July of this year. "He said, "Do you mean that day when the 'copper, chased me across the marshes?" I said, "Yes. "He said, "Oh, all right—you've made a 'bloomer. '"When charged at the station he made no reply. It was in consequence of the description given to me that I arrested him.

To prisoner. The description I received was, "Aged 22 to 24. Height 5ft. 5in. or 6in. Very fair. Clean shaven."

  ARTHUR GEORGE HEWER , engineer, G. P. O. At 9 a.m. on July 28 I went to the towing-patch at Hackney Cut, where I examined the telegraph wires. I found two spans of wire had been cut down and taken away. There were 11 pieces of 130 yards each, weighing, I should say, 501b. This sample is similar to the wire that was stolen.

The wire I saw at the station was about equal in amount to what I found missing.

  ALFRED WELSH GARDNER , engineer, G. P. O. The approximate value of the wire shown to me at the police-court, of which this is a sample, is £2 15s.

  JOHN CHARLES PLANT (prisoner, not on oath): The officer described me as clean shaven, and now he says I had hair on my face when he saw me. I do not wish to say anything except that I am not the man. I cannot get any home on account of the disease on my face. I cannot shave because of it; I have to cut my beard with scissors.

Verdict, Guilty.

Prisoner confessed to having been convicted of felony at Chelmsford Assizes on October 29, 1907, when he was sentenced to six months' hard labour. Two further minor convictions were proved. It was stated that owing to prisoner having weeping eczema on his face, a catching skin disease, he had been turned from his home.

Sentence, 18 months' hard labour, the Recorder remarking that he was passing a long sentence in the hope that prisoner would come out cured of his disease.

 

  CONNELLY, Thomas (37, manager), and   WATSON, Edgar Frederick (41, clerk) , feloniously obtaining an order for the payment of the sum of £18, the property of   Robert Chandler, by means of a forged postmarked letter, well knowing the same to be. forged and with intent to defraud.

Watson pleaded guilty.

Mr. Muir and Mr. Forster Boulton prosecuted.

Mr. Lynch defended Connelly.

  FREDERICK WILLIAM DENHERT , postman, Forest Hill Post Office, repeated the evidence he had given in Goddard's case (see page 463), as to his interview with Watson on June 11, and what had happened thereon. I next saw him on June 14. I afterwards saw him at 8.40 a.m. on July 5 at St. Jermyn's Hotel, when he asked me if I could put one in for him for that day at East Ham. I told him I could get one stamped at 2. 45. I saw him at 10. 40 a. m. by arrangement at the "Swiss Cottage Hotel," from where he followed me to the "Telegraph Hotel. "He there handed me two envelopes of which this is one (Exhibit 1a), with the printed address, "Mr. R. Chandler, 161, Fishwick Grove, East Ham, E., saying he wanted the 11. 30 stamp on it. It was open and had a piece of blank paper in it. I took the two envelopes and agreed to meet him at the "Swiss Cottage Hotel" at 1. At 12.15 I gave it (Exhibit la) to Mr. Stratford, who marked it with invisible ink. He gave it me back and I put the 1130 stamp on it. At 1 I met him and handed it to him. He gave me a shilling and said he would want me to work it in. I met him at 2. 55 in Devonshire Road, where he handed it to me again, stuck down. He gave me another shilling, I put a blue mark on it and put it in the course of post. I saw him the next day in Devonshire Road. He said, "I have not got any money for you now. I will go up and see Tom and get some for you." I knew Tom to be Connelly. At about 4.15 p.m. I met him

again there and he gave me 3s., saying, "I have been up to see him. He gave me 5s. Here are 3s. for you and 2s. for me. "I got 10s. from him on the 13th and 5s. on the 14th; he said, "This is something out of that one for Chandler. "I gave all the money I received to Mr. Stratford. The next time I saw him was at about 6 p. m. on August 6 at the "Railway Signal Hotel. "He then introduced me to Connelly, whom I only knew as the manager there. I was in uniform. Watson said to him, "This is the friend that puts the letters in down the road", and nodded his head in the direction of the postmen's office, which is in the same road. He continued, "He knows it's all right down there. It's a bit rough on him. He keeps working them letters in and don't get any money for it. "Connelly said, "How about me—getting a cheque for £18 and sending it back and getting £1 15s. for it? I don't get much out of it myself.,"

Cross-examined. I first agreed to do this for Watson on June 14. I acted under the instructions of Mr. Stratford throughout. I swear I did not encourage Watson in this. About three weeks after I met him I told him what was true—that I was hard up and showed him a pawn-ticket, but I had no object in doing so. It is true I said at the police-court, "I did not want to choke him off. I wanted to be able to report it. "I told Mr. Stratford about the pawnticket the following day. He passed no comment upon it. I was not endeavouring to get evidence against Connelly. The first time I spoke to him was on August 6. Watson was talking to him and he (Watson) called me in as I was coming up the road. Watson had previously told me about the post-dated cheque for £18 that Connelly had received. I did not make a note of it because I did not think it important. Until August 6 I knew nothing of Connelly, except what Watson had told me. My account of the conversation is not a pure invention.

Re-examined. I have been in the service of the P. O. for five years and six months and up to this time I have not been connected with any of these frauds. I find I have made a note of a conversation about Connelly on June 29: "Watson showed me an envelope which had a penny stamp on it and bearing a Sydenham postmark 11.30 and a part of the address, and showed me a marking on the 'back of it, saying,' This is one for Tom Connelly. I would not send it through for worlds.' He handed me the envelope and I examined it, and it bore on the back marks of invisible ink. I handed it back and he put it in his pocket. He remarked that a paper called the 'National Sporting Life' which was shown him by Tom Connelly had printed in it that Forest Hill was very hot." I reported each day to Mr. Stratford as to what had taken place. I see I have a note on July 9 that Watson told me that Connelly's father said that "he had heard from Brown that his son's letters were not delivered; that it was wired to be stopped from Willesden; that the Post Office had his postal order and the telegram written by Watson on the day after. Old Tom (Connelly) is in a funk about it. He sent me down to see you to see if it is all right. He is in such a funk I could easily blackmail him for £20 to-night. "I told him I thought it was all right. I have a note that at 7.30 p.m. July 12 Watson

said, "Tom has got a cheque to-day. He would not pay me anything yet. He is going to see if the cheque is stopped, like the one for Fry. He told him about me and said I could do with it; expects there would be 1 for me, but would not do anything whilst the fuss was about. "All these notes I am reading were made at the time. (Mr. Lynch objected to further extracts being read on the ground that they did not arise out of his cross-examination. On the Recorder remarking that he did not consider it worth while to read further Mr. Muir discontinued.)

  FREDERICK CHARLES CARTWRIGHT , messenger, G. P. O. Between June 21 and July 12, I was keeping observation on Watson. I saw him daily with Connelly in the "Railway Signal" public-house. Shortly after 9 a.m on July 5 I saw Watson go there. Shortly after he left, fallowed closely by Connelly, who entered the Forest Hill Post-Office. At 2 p.m. Watson went into the "Railway Signal" again, remaining there about 30 minutes. On coming out he went to a telephone call office at Perry Vale. After four minutes he left there, and returned to the hotel. At 2. 55 he left there and walked to Devonshire Road, where he met Denhert, to whom he handed a letter.

Cross-examined. I believe there is a telephone at the "Railway Signal." There is not one at the post-office at Forest Hill.

  EDWARD JOSEPH STRATFORD , clerk, secretary's office, G. P. O. At 12.15 p.m. on July 5, Denhert handed me this envelope (Exhibit 1A). It was unsealed and contained a piece of blank paper. I marked it with invisible ink, which I afterwards developed at the police-court. I returned to him.

Cross-examined. He was acting under my instructions. I did not suggest he should show Watson a pawn-ticket, saying he was hard up. He told me he had done it. I acted under my superior's instructions. I did not tell him I wanted more evidence against Watson or anybody else. The object of our inquiries was to discover what post-office servants had been corrupted by Watson.

  ROBERT CHANDLER. I carry on a betting business at 161, Fishwick Grove, East Ham. I accept bets by post if the postmark is earlier than the race. I received this letter (Exhibit 1A) by special delivery on July 5, at 6 p.m. I noticed the postmark was 11.30 a.m. There are two deliveries after 11.30, 2.30, and 6 p. m. The letter would not have reached me any way before 6. 30. It contained a betting slip (Exhibit 2A), backing "Bellemontine "for the two o'clock race at Bibury, and "Rockbourne "in the 3. 40 at Nottingham. The former won, but not the latter. Connelly stood to win £15 17s. Id. I received a communication from the G. P. O. with regard to it. I sent this cheque (Exhibit 4a) and £18, which includes those winnings, purposely post-dating it August 8. On July 19 I received a letter from Connelly, returning me cheque as arranged and saying that he expected I would send him a cheque deducting losings for the past week. He had rung me up on the telephone previously, telling me that it was a post-dated cheque and I arranged that he should return it. At the time I drew the second cheque the balance due to him was £1 15s. 5d., a cheque for which I sent him, dated July 30, together

with this corrected account (Exhibit 7a). I wrote, saying, "Please consider account closed, as I am not satisfied with the way commission of July 5 was sent." All the bets that Connelly made except this one were made on the telephone. I did not see him at all; I only knew the voice.

Cross-examined. I knew he was manager of an hotel. All his telephone bets were straightforward and he always paid me promptly. He had been betting with me about six weeks. I do not know his writing. The week after July 5 he had five winning and 12 losing bets.

  HARRY ALBERT TURNER , clerk, Exchange Telephone Company. At 2.10 p.m. on July 5 we got "Bellemontine" as the winner of the 2 p.m. race at Bibury and information was distributed by us.

  HAROLD READER , cashier, London City and Midland Bank, Forest Hill branch. This cheque (Exhibit 4a) was paid into the credit of the account of Mrs. E. Connelly, wife of Thomas Connelly, of the "Railway Signal" Hotel on July 11. It was not noticed at the time that it was dated in August and it came back and was returned to Mrs. Connelly on July 14. This cheque for £1 15s. 5d. was paid into the credit of the same account on August 6. Both cheques were drawn by Robert Chandler and endorsed "J. Connelly."

  FRANCIS MURCH HILL , clerk, secretary's office, G. P. O. On August 9 I saw Connelly at the "Railway Signal" Hotel. I told him who I was and that I had been making inquiries regarding certain betting letters. I said, "I am going to ask you certain questions; you need not say anything unless you like. Anything you do say I shall take down in writing and it may be used in evidence against you." He was not in custody but we are instructed to caution in all cases where we are seeing a person who might possibly be charged. If he had told me to go about my business I should have gone. I showed him Exhibit la and the betting slip and told him there was reason to believe that the bets made in it were fraudulent and asked him if he wished to give any explanation of the bate being made in his name. He said, "I wish to say nothing at all whatever. "

Police-constable   RALPH CALDICOTT , 488 A. At 9.30 p.m. on August 10 I went to the "Railway Signal" Hotel, where I arrested Connelly. He said, "Where shall I have to go? Let me appear in the morning. I shall not run away. "I took him to the station, where he was charged, and made no reply. He was locked up all night. I was not there when bail was asked for.

Police-constable   ALBERT BLAKE , 527 A. On August 9 I arrested Watson and took him to the station. I found two memorandum books upon him. I was in the charge-room when prisoner was there, but I never heard anything about bail.

Prisoner's statement before the magistrate. "lam not guilty. I call no witnesses."

(Defence.)

  THOMAS CONNELLY (prisoner, on oath). I am manager of the "Railway Signal" Hotel, Forest Hill. This hotel has a telephone in a large public dining-room and customers often use it. I always betted by telephone or telegram. I used to pay for tips on horse races. Shortly before this Watson, whom I knew as a tipster, arranged that on his giving me good tips which won I should pay him £1 or so. About three months ago he asked me if I would allow him to make bets with my bookie in my name. I arranged that he should do so with a limit of £2 each way, I to receive all accounts direct from Chandler. Exhibit 2a is in his handwriting and the bet was made tinder that arrangement. I had not the slightest notion that he had backed those horses after the event. Chandler's evidence about the £18 cheque is correct. It was Watson who rang him up asking why it was post-dated. I know Denhert as a customer using the house, His account of the interview at which he was introduced to me by Watson is untrue. Denhert simply asked me to have a drink, and I said I would not, but I had a cigarette instead. I have no complaint to make about the £18 cheque. I never mentioned the matter to Watson at any time. I always considered Watson to be an honest man. I have some interest in the public-house myself.

To the Court. I could not, owing to the Post Office opposing it, get bail until I was committed.

Cross-examined. I had no interest in any other people's bets besides Watson. It is true Fred Hoare, a customer, had his letters addressed to the hotel, as did several others. I cannot say whether he used the address for betting. I do not know what has become of him. He was not making bets on my behalf. I believe I only made one bet through the telephone with Chandler. Watson made every one of the bets on Exhibit 7 with him; they are between July 5 and 29 and represent £30 5s. I had accounts with other bookmakers with whom I betted myself. There were two other bookmakers besides Chandler with whom Watson betted on my behalf. Brown and Headley's account was not opened only for that purpose. Watson only had one bet with him The account has been open four or five months. We opened the account in case anybody refused our bets. Headley's account has been open five or six months. The account I had with Guntrip's I only used myself. I also have accounts with Baxter and Reed, Fry's, and Bateman. Chandler's, Headley's, and Brown's accounts were all opened by me at the same time on the introduction of my father, and they were all operated on by Watson. I did not write to Tate, of Brighton, or to Wembridge, of Sandwich, to open an account, nor to my knowledge did my father. Watson wrote this letter of July 21 (Exhibit 9a) to the secretary of the G. P. O. in my name at my suggestion; it is asking why two letters I had written to Headley and Brown had not reached. This is the letter referred to (Exhibit 10a) written to Brown by Watson and me containing a betting slip and a postal order. The postal order is in my writing. I see that the envelope has a blue pencil mark and

invisible ink which has been developed. I cannot say what amount I was betting each week; it all depended on how much I won. Watson had to tell me everything he did. I was earning £3 a week and had accounts open with seven bookmakers. I knew Denhert was a post-man. I never gave Watson money to give to him. Denhert's evidence is absolutely false as to what he alleges Watson said to me. If he did say it, I never heard it.

Re-examined. The balance against me for week ending July 5 was £3 13s. 6d.

(Wednesday, September 14.)

Walter Smith (dining-room keeper) and Charles Augustus Cox (licensed victualler) gave evidence as to character.

Verdict, Guilty, with recommendation to mercy on account of his previous good character. (For sentence, see page 549.)

BEFORE THE COMMON SERJEANT.

(Tuesday, September 13.)

 

  SHAW, William (23, labourer),   HUMPHREYS, Harry (19, labourer), and   DENHAM, Bertie Christopher (22, sweep) . Stealing a horse, a van and other articles, the goods of   Charles Sidney Game and another, and two rugs and an overcoat, the goods of   Charles Cole.

Shaw and Denham pleaded guilty.

Sergeant   GEORGE KIRBY , Bucks Constabulary, stationed at Slough. On August 15 in Saltfield Road, Slough, I saw the prisoner Shaw driving a gray mare attached to a van towards Maidenhead. I stopped the van, got on the step, and saw Humphreys and Denham in the van. I asked Shaw where he was going. He said, "I am going to see my aunt. I work for Game and Son, and he has lent me the horse and van to go to Maidenhead. "I asked Shaw who the other two were? He said, "They are my friends, they are going with me. "I said I was not satisfied with the story, and should take the three prisoners to the station. I then drove the van with the prisoners to the station, and asked if they wished to give any further explanation of being in possession of the horse and van. Humphreys said, "We lifted it; it is no use arguing about the point now; we cannot get out of it, and we are all about as bad. "I told the three they would be charged with stealing the van. Shaw said, "We must put up with it. "Denham said, "That is right enough; we were all together. We have been trying to sell the lot for 12 quid, that is four quid each. "Humphreys said, "That is right, we lifted it; it is no use trying to get out of it now. "The same day I found two rugs and an overcoat stolen with the van in a field by the road from the village of Denham to Slough. Prisoners were afterwards handed over to the City Police.

Detective   THOMAS BETTERIDGE , City. I took charge of prisoners at Slough Police-station, conveyed them to the City, and told them they would be charged with stealing a horse and van from Smithfield Market that morning. Humphreys said, "Quite right. We should have been all right if the man at Uxbridge had given us the 12 quid for the horse. "When charged at Snow Hill Police-station they made no reply. Each said he had no fixed abode. At the police-court they all pleaded guilty.

  CHARLES COLE , 9, Star Yard, Borough, carman to Game and Sons, butchers. On August 15 I backed my mare and van on to the rank at Smithfield Market and left it for about 10 minutes; when I returned it had gone. I afterwards identified it at Slough Police-station. The van, horse, etc., are worth about £55.

  HARRY HUMPHREYS (prisoner, not on oath). I was at Shepherd's Bush when Shaw asked me if I wanted a day's work; he was going to get a load of hay. I explained it to the constable, but he took no notice.

Verdict, Humphreys, guilty.

Shaw confessed to having been convicted on December 7, 1909, at Guildhall, receiving six months, hard labour for stealing a cart. Other convictions were proved. Denham confessed to having been convicted on October 18, 1909, at Lambeth, receiving one month for embezzlement; other convictions were proved.

Sentence, Shaw 15 months, hard labour; Denham, 6 months' hard labour; Humphreys, 2 months, hard labour.

BEFORE THE RECORDER.

(Wednesday, September 14.)

 

  CATLIN, Hubert (27) . Attempted rape upon   Emma Manby.

Mr. Tully-Christie, for the prosecution, offered no evidence, and a verdict of Not guilty was entered.

 

  SMITH, William, otherwise KITCHEN, William (38, porter) . Committing acts of gross indency with   Thomas Hill and   Frederick Lock, male persons.

Verdict, Guilty.

Sentence, Six months, hard labour.

 

  ATTREE, Walter Henry (40, fishmonger), and   WATSON, Edgar Frederick (41, clerk) . Feloniously demanding from   John McLaughlin £3 18s. by virtue of a forged instrument, to wit, a forged post-marked letter, well knowing the same to be forged, and with intent to defraud.

Watson pleaded guilty.

Mr. Muir and Mr. Forster Moulton prosecuted; Mr. E. H. Coumbe defended Attree.

  FREDERICK WILLIAM DENHERT , postman, Forest Hill Post-Office, repeated the evidence that he had given as to his interview with Watson

on June 11 and what had happened thereon (see p. 463 531). I saw Watson again on July 28 at the "Telegraph "hotel, when he gave me this envelope (Exhibit lc) unsealed, containing a blank paper. I stamped it with the 1.15 stamp, reversing it so that I identify it again. I returned it to him at 1.40 p.m. at the "Swiss Cottage Hotel," and he gave me 1s. I met him at 5.10 p.m. in Stanstead Road, and he handed it to me with others, saying, "Here you are. I do not think they (the Post-Office people) will see them in London. They are all right." I put a blue mark on Exhibit 1c, and put it in the course of post. It had a printed address, "John McLaughlin, Flushing, Holland. "I have been in Attree's company several times. I was in "St Jermyn's Hotel" with Watson, and after he left Attree came in, and we had drinks together. When it was closing time, instead of going out, we went with five others into a room below the bar, Attree saying, "Come on. You are with us. It's all right. "We had some more drinks. There was no conversation about these bets.

Cross-examined. I have been a postman in this neighbourhood for some time, and as Attree was a tradesman there I got to know him. I got Exhibit lc from Watson at 10.55 a.m.

Re-examined. He was often in the "Swiss Cottage" with Watson. I cannot say whether he spoke to me first or I to him, but he was alone at the time.

  WILLIAM JOHN VIOLET , assistant superintendent, E. C. District Post-Office. Letters from Flushing posted at Forest Hill would pass through my office. A letter posted at 1.15 p.m. would reach us at 2.39. In consequence of instructions received on July 28 I examined the letters that came in at 6.55 p.m., and among them I found Exhibit lc, bearing the 1.11 post-mark. I marked it and put it in the course of post.

  FREDERICK CHARLESS CARTWRIGHT , messenger, G. P. O. I kept observation on Watson from June 21 to July 12. I saw him in Attree's company daily.

Cross-examined. They were together pretty well all the time from 9 a.m. to 2 p.m.; and generally in the evening as well. His wife comes on his business when he is away. He used to come from the station every morning, and go to the "Railway Signal Hotel. "He had probably come from the fish-market. He keeps a fish shop in Wastdale Road, Forest Hill. I Have seen him with Watson in the public-house every morning, practically the whole morning.

  GEORGE PHILPOT , distributor of "Evening News," Forest Hill district. At 4.33 p.m. on July 28 I distributed the 4 p. m. edition, which contained the results of the 1.30 p.m. race at Goodwood, Sandwich, and the 4 pm. race, Spanish Prince.

  JNO. PATRICK JOYCE , clerk to Jno. McLaughlin, turf commission agent, Flushing, Holland. The Exhibit lc was received by me on July 29 containing a betting slip (Exhibit 2c) backing Sandwich and Spanish Prince for 3s. signed "W. Attree" and a postal order (Exhibit 3c) crossed and payable to Jno. Mc Laughlin. That is the first bet we can trace to him. The two horses won and he won in consequence £3 18s., which we did not pay, On August 3 he wrote to us asking

why we had not sent it and asking us to put his winnings on another horse. We did not do so in consequence of what we had heard.

Cross-examined. My firm send out from Flushing circulars together with printed addressed envelopes. I cannot say whether Attree, had any.

  FRANCIS MURCH HILL , clerk, secretary's department, G. P. O. On August 9 I saw Attree at the G. P. O. and told him who I was and that I was instructed to make inquiries respecting a certain betting letter; that I was going to ask him certain questions which he need not answer unless he liked, but that anything he said would be taken down in writing and might be used in evidence against him. I showed him Exhibits 1c, 2c, and 3c, and said there was reason to believe that the bets made were fraudulent and asked him if he had explanation for their being made in his name. He then made this statement (Exhibit 6c), which I took down in writing and he afterwards signed: "Simply that I made the bet. I have sent to him two or three times since that letter; I mean I have made bets since. I sent the postal order you show me with the letter. That crossing on the order is my writing. I filled in the betting slip at my shop. It is my writing. I enclosed the betting slip and the postal order in the cover. I think I sealed it. I posted or gave it to my son Walter, aged 14, to post. I cannot remember which. I look the letter of August 3 to Mr. McLaughlin asking for the winnings in respect of the letter of July 28. I also wrote all that letter. I sent and posted it myself. I think I wrote it in the 'Telegraph' public-house, Forest Hill."

Cross-examined. As regards the suggestion that the statement should read, "I enclosed the betting slip and postal order in the cover, I think. I sealed it," he read it over and could have altered the punctuation. An officer went down to invite him to come to the Post Office. On the officer saying he had no warrant Attree said, "Well, I am not b—well coming. "I did not hear anything about him wanting to go to a quoit match. I did not notice any signs of drink about him when he came. Nothing was said between us which led me to believe that he supposed the inquiries were concerned with his not receiving his winnings. He did not say as regards Exhibit lc, "As near as I can think it was posted at 12 o'clock. "He never said anything about Watson having posted it.

Re-examined. No mention was made of Watson at all.

Police-constable   ALBERT BLAKE , 527 A Division. I arrested Watson on August 9 and found these two memorandum books upon him. On August 10 I arrested Attree. I read the warrant to him and he said, "I don't understand it. "When taken to the station and charged he made no reply.

(Defence.)

  WALTER HARVEY ATTREE (prisoner, on oath). I have been a fish-monger for 25 years, and five years in this neighbourhood. I have never been in trouble before. I occasionally go to race meetings. I

knew Watson for five years as a casual acquaintance, but since he came to live near me a few months ago I have seen more of him. I would meet him in the mornings at the "Rail way Signal," where I would go and have a drink after returning from the fish market. I could not help running across him when I was out. I understood him to be a racing tipster. I got to know Denhert because he used the "Swiss Cottage" Hotel as well as I. I wrote out the betting slip (Exhibit la) for McLaughlin (from whom I had received a circular and a printed addressed envelope) soon after 12 a. m. on July 28 in my shop. Watson did not give me the tips for the horses; I picked out Spanish Prince in his previous race, and I backed Sandwich because somebody pulled out a sandwich coming up in the train that morning, and that gave me the idea. When I had written them on the slip Watson came into the shop and said the horses were no good. I asked him to post the letter for me to save me the trouble of going out and gave him 6d. to get the stamp. I am not sure whether I sealed it; but I know I put the slip with an open postal order for 6s. inside the printed envelope. This was a little after 12 a.m. He took it for me. Although the horses won I never received any winnings. When the Post Office official came to me at the "Swiss Cottage "I was going to play a quoit match, but after two or three "Scotches" I went to the post office. I had an idea what letter I was being asked about. On my way home after I had made the statement I recollected that I had given it to Watson to post for me, and I had a good mind to go back and correct my statement, but I was a little bit muddled (I had been drinking a lot that day), and I did not do so. I took no further notice of it. The only explanation I can think of as to why Watson should have got this letter fraudulently postmarked is that, thinking the horses would not win he took my postal order, and finding that they had won he must have substituted the one which he got postmarked for my envelope.

Cross-examined. He would not get anything from me if they won. The postal order is in my handwriting, I think. I see now that it is not open. I do not believe I saw him on August 9, nor did I make any inquiry about him. I had been seeing him daily, but not by special arrangement. Sometimes, however, I would not see him for two or three days. I was under the influence of drink when I made the statement. The signature is not so nice as my ordinary writing. This is the only letter Watson ever posted for me.

  THOMAS HARTWELL gave evidence as to character.

Verdict, Guilty. (For sentence see p. 549).

BEFORE THE COMMON SERJEANT.

(Wednesday, September 14.)

 

  EVANS, Albert Edward, and   EVANS, Edwin. Albert Edward Evans unlawfully and with intent to defraud his creditors making a transfer and delivery of six horses, three vans, one trap and harness and other articles; Edwin Evans, unlawfully aiding and abetting the said A. E. Evans to commit the said misdemeanours.

Mr. Muir and Mr. Graham-Campbell prosecuted; Mr. Curtis Bennett and Mr. R. G. Cruickshank defended A. E. Evans; Mr. George Elliott, K. C., and Mr. David Rhys defended Edwin Evans.

  PERCY FLETCHER HOLMDEN , manager, London and Provincial Bank, Holloway. I produce copy of account of Albert E. Evans at my bank. On June 30, 1908, there was a credit balance of £15 7s. 1d., which was transferred to the Official Receiver on November 25.

  EDWARD HENRY COUPMAN , 4 and 5, West Smithfield, solicitor. I act as solicitor for Coupman and Young, 48, St. John Street, provision merchants. On February 17,1908, I issued a writ against A. E. Evans for £26 9s. 4d., on March 4 signed judgment with £7 10s. costs, and issued execution on the goods at Japan House, Stroud Green, when I received from the Sheriff notice that the goods were claimed under a bill of sale for £500 in favour of Edwin Evans. I wrote A. E. Evans's solicitor that my clients would proceed in bankruptcy.

Cross-examined by Mr. Elliott. This claim was the subject of an interpleader proceeding by the Sheriff as to which £15 was paid into court. My clients agreed to accept 8s. in the £—that offer was afterwards withdrawn by me because other firms were getting 10s. in the £.

  GEORGE INGLIS BOYLE , messenger, Bankruptcy Department, produced file of the bankruptcy of Albert Edward Evans, Japan House, Japan Crescent, Stroud Green, provision dealer: adjudicated November 13, 1908, publicly examined February 18, 1909.

  WALTER S. L. GRANT , clerk, Royal Courts of Justice. I produce filed copy bill of sale of March 4, 1908, from A. E. Evans to Edwin Evans.

  EDWIN OWEN JONES , 1, Raymond Buildings, Gray's Inn, solicitor. In February, 1908, I received instructions from A. E. Evans to prepare bill of sale of the business, stock-in-trade, and furniture at Japan House to Edwin Evans. On February 29, I called on E. Evans. He said, "I am not going to pay my son £500 for the business. "I said, "If you are going to purchase the business from your son it must be properly done. "He said he would see his son. On March 2 A. E. Evans called on me. I told him his father had said he would not pay the money, and that I could not have anything further to do with the matter, I did not like it. He then got into a rage, and said I had made mischief between him and his father, and that he could find a better solicitor than I was. I said, "Well, you may go to them. "

Cross-examined by Mr. Elliott. E. Evans became my client in the spring of 1907. I regard him as a highly respectable and substantial man. I understood the indebtedness of A. E. Evans to his father was £1,169 16s. 5d.

  HENRY EDWARD VINCENT , clerk to the last witness. On February 27 I took the inventory at Japan House; afterwards saw both prisoners at 89, Holloway Road, and read over the assignment. E. Evans said to his son, "Have I got to pay you £500, Albert?" A. E. Evans said, "That is all right, dad, you give me a cheque now and I will give it you back this afternoon. "I told him that was not quite right, they could not do a thing like that and told E. Evans that he had better see my principal.

  JOHN WILLIAM ROBERTS , Examiner in the Department of the Official Receiver, produced the shorthand notes of A. E. Evans's public examination, passages of which were read.

  EDWARD TUFT , manager, National Provincial Bank, Islington. I produce copy account of E. Evans with my bank from December 31, 1907, to February, 1909. The account had existed a long time previously. On December 31, 1907, there is a credit balance of £191; March 4, 1908, cheque to Evans, £500, paid by five £100 notes, Nos. 76632-4 and 80951-2, and a payment in of £684 10s., which includes the same five £100 notes.

  OWEN ROBERTS. I am landlord of Japan House, which in 1908 was let to A. E. Evans at a rent of £65; he is still in occupation; the rent has been paid fairly regularly.

Sergeant   FREDERICK HEDGES , New Scotland Yard. On May 26, at 5 p. m., I went to Japan House and saw A. E. Evans at the window. He said, "What do you want?" I said, "I am a police officer from Scotland Yard, and I want to serve a summons upon Albert Edward Evans. "He said, "That door will not be open to anyone. You cannot come in without a warrant. "I said, "I have no warrant—I have a summons. "He said, "If you want to make an arrest I will be out in five minutes. "I waited about an hour, knocked at the door several times, and could not serve it. At about 8. 30 p. m. I went to 89, Holloway Road, where I saw the elder prisoner and read the summons to him: He said, "Yes, that is all wrong. I know nothing about it. I was never at Bell Yard. If it is true, my son owed me several thousand pounds at the time. "The following morning, at 10.45, I went to Japan House, and was invited inside, saw A. E. Evans, and read the summons. He said, "You need not have read it. I have an answer to it. You have questioned Thomas Reddington. He came to me and said that you called upon him and asked him where he worked and whether I paid him the sum of £50, and what work he did for me, and when and how I paid him, and whether I paid him £50 by cheque. "I said, "What he told you is correct. I did take a statement from him, and be signed it. "He said, "Well, I have three witnesses who heard what you asked him. You detectives put a lot down in the book and get a man to sign it. You have no right to. You will not get me to sign any statement. You have exceeded your duty."

Mr. George Elliott submitted that there was no case against E. Evans.

The Common Serjeant held that there was no evidence that E. Evans acted in fraud of either the general body of creditors, or of the particular creditors named.

The Foreman stated that the jury were of opinion that E. Evans was not guilty, and a verdict to that effect was entered.

Mr. Curtis Bennett submitted that there was not sufficient evidence to support the indictment against A. E. Evans. At the time of the assignment there was only one judgment of £31, and creditors amounting to about £200, whose debts were being paid.

The Common Serjeant held that there was some evidence against E. Evans; that the object of the assignment was to defeat all the creditors; there was not sufficient evidence on the counts with regard to particular creditors.

(Defence of A. E. Evans.)

  RICHARD JONES LLOYD , solicitor, 66, Chancery Lane. On March 11 A. E. Evans told me that he had sold his business to his father for £500 because he (his son) had been ordered by two doctors to go to a hospital; that he owed nearly £500 to creditors, whom the father would pay with the £500. I then saw Mr. Coupman, and asked him to let the question between his clients and A. E. Evans remain open until I could look further into the matter. I saw E. Evans, and told him that when the £500 was paid to the creditors there would be nothing left for A. E. Evans's wife and children, and suggested that I should try to get a rebate from some of the creditors. E. Evans said, "Whatever you advise I will do. "The son was present. I settled with the creditors. Some were paid in full; others accepted a rebate. Mr. Coupman agreed to take 5s. in the £ if I satisfied him that the amount alleged to be due to the father was really due. I saw him the next day, showed him receipts, etc., for the debt to the father, and he wrote me agreeing to accept 10s. in the £ and costs. I called at his office with the money, when the clerk told me that Coupman had wired me that his acceptance of the offer was withdrawn.

(Thursday, September 15.)

Mr. R. J. Lloyd having been cross-examined.

The Foreman said the jury were agreed that A. E. Evans was not guilty. They considered it very un business like for the prisoners to make the assignment, but they did not think it was done with intent to defraud.

In discharging A. E. Evans, the Common Serjeant said he had brought this upon himself by stating untruths in his public examination; if he had been tried for perjury the result might have been different.

BEFORE THE RECORDER.

(Thursday, September 15.)

 

  SCROGIE, Frederick Charles (35, horsekeeper), and   DANN (John Albert (19, labourer). Committing acts of gross indecency with each other.

Verdict, Not guilty.

 

  WILLIAMS, John Thomas, and   WATSON, Edgar Frederick (41, clerk) feloniously demanding two orders for the payment of money, that is to say two postal orders for the payment of 16s. 2d. and 15s. respectively, by means of a forged instrument, to wit, a forged post marked letter, well knowing the same to be forged, and with intent to defraud.

Mr. Muir and Mr. Forster Boulton prosecuted. Mr. Cecil Whiteley defended.

Mr. Whiteley asked that there should be a fresh jury, on the ground that the jury had already made up their minds and convicted in two similar cases [Connelly and Attree]. The Recorder refused the application, remarking that the fact that the jury were acquainted with the character of the evidence, which a new jury would not be, was an advantage; and that Counsel was casting an improper aspersion upon them.

Mr. Muir, in the course of his opening, said that a clerk from the Secretary's office of the General Post Office called upon prisoner in order to give him an opportunity of furnishing an explanation. He submitted that it would have been an exceedingly dangerous thing if the Post Office had not given him an opportunity of explaining. The public would have a right to complain if people were arrested in such circumstances without having had an opportunity given them of making explanations. Prisoner was cautioned that he need not say anything at all unless he liked, but that anything he said might be given in evidence against him.

The Recorder asked whether Mr. Muir suggested that there was any difference between a private policeman of the Post Office and a Metropolitan policeman.

Mr. Muir. I say that, even in the case of a Metropolitan policeman, before he arrested any person on facts such as these it would be his duty to the public to give that person an opportunity to explain.

The Recorder. And ask questions?

Mr. Muir. Yes.

The Recorder. All I can say is that you are propounding a doctrine which is opposed to that laid down by some of the most distinguished Judges who have occupied the Bench.

Mr. Muir. I have studied a series of cases in the Court of Criminal Appeal, in which the principle laid down is that a policeman or Post Office official is entitled to ask questions of persons if they are not in custody, provided that he holds out no hope of exemption and no threat of consequences. And not only is he entitled to ask the questions, but the answers to them are admissible in evidence. That principle has been upheld again and again in the Court of Criminal Appeal.

The Recorder. The question is not whether the answers are admissible in evidence—they are—but whether it is a desirable practice.

Mr. Muir suggested the case of a tradesman in the possession of stolen goods; was not a policeman going into his shop entitled to ask him where he got the goods?

The Recorder said a case of stolen goods was entirely different from this.

Mr. Muir. I submit that the cases are exactly the same. I submit that the Post Office clerk did his duty to the public and to his employers in the most proper way.

The Recorder. I said distinctly yesterday in Attree's case that no blame was attachable to the clerk. All I was endeavoring to suggest, is that the practice was undesirable. Having regard to the fact that public departments have now increased powers, their police ought not to exercise the power, which all the Judges in my experince have condemned and said they ought not to exercise, of putting questions to persons who are about to be charged.

Mr. Muir. The Post Office is a great public department, and its legal branch is under the control of persons of the highest standing and attainments. They have studied the series of decisions in the Court of Criminal Appeal, and they have sanctioned this course of conduct. In their judgment it is a proper course, and it will be continued.

  FREDERICK WILLIAM DENHERT , postman, Forest Hill Post Office, repeated the evidence that he had given in Goddard's case (see page 463, 531) as to his interview with Watson on June 11, and what had happened thereon. About 8.45 a.m. on August 4 I saw Watson at the "Napier" public house, Forest Hill. He said, "I have got to get some money somewhere, I know a chap that has lost a lot of money lately with a bookie at Le wish am. Do you think you could get one stamped for me?" I said I could. I met him at 10 a.m. at the "Swiss Cottage "Hotel. He told me to go over to the "Telegraph" public house. He gave me a plain envelope (Exhibit lb), which was open, and contained a piece of blank paper. At his request I date stamped it 1. 15 p. m., manipulating it so that I could recognise it again. About 12. 30 p. m. I gave it back to him, and at 2.55 pm. I met him in Devonshire Road, where he handed it to me sealed and addressed to "Mr. Johns tone, 39, Rime Road, Lewisham," saying "I have just come up from Catford with this, I shall see you about 4, and you can let me know if it goes all right. "I marked it with blue pencil and put it in the course of post. On meeting him at 4.10 p.m. I told him it had gone through all right. I met him by appointment the next morning at 8. 10 at the "Napier," when he said, "We can go to Perry Hill and get the money. I expect I shall be able to get 11s., and you can have a dollar. I had to go right over there this afternoon. I asked him to let me have the postal order in his handwriting, and I would copy his writing on the ticket the same as I did Connelly's, but he would not do so. I had to 'phone for this and go to him to get the ticket made out, as he is ill in bed. His name is 'Williams.' "I met him again at 8. 30 a. m. the next day, August 5, when he said he was going to Perry Hill to get the money from Williams for yesterday, and I was to go down to the "Two Brewers" and wait for him there. I went to Perry Hill. Watson went into No. 60, where Williams lives. He came about 9.10, and I went to the "Two Brewers," Watson following me. He told me to go towards Blythe Vale, and he would see me there, and I went. He came and gave me a. postal order for 4s., saying he had got 8s. from Williams and the 4s. was for me, and asked me if I could do another one for him that day.

Cross-examined. In my transactions with Watson between June 11 and August 4 Williams's name was never mentioned. The first time I saw him was at the police-court. It struck me on August 4 that Watson was in rather a destitute state. It was about 20 minutes'

sharp walk from 60, Perry Hill, to Devonshire Road, where Watson handed me the envelope.

  CHARLES WOOD , assistant head postman, Lewisham. Exhibit lb bears the Forest Hill 1. 15 p. m. postmark, August 4. It would have reached us in the ordinary course at 2. 58, but it, in fact, reached us at 5.40 p.m. I delivered it to Jones at Rime Road.

  DENHERT was recalled to identify Exhibit lib, the postal order handed him by Watson on August 5, issued at Blackpool on July 30, and bearing his endorsement.

  EVAN JONES. I carry on business as a bookmaker at 39, Rime Road, Lewisham, in the name of Mr. Johnstone Williams, had been betting with me from about 18 months before August last. This Exhibit lb was specially delivered to me at about six p. m. on August It contained a postal order for 15s. (Exhibit 3b), and a betting slip (Exhibit 2b), backing Waterleaf in the 2 p.m. race that day at Brighton, for 7s. 6d. each way, and Orpiment in the 3 p.m. at Manchester, with instructions to back another horse if they won with the winnings. He signed "Williams "at the back in his usual way. Waterleaf won at 9 to 4, and Orpiment came in second. I sent him his winnings in 4s. postal orders, of which this is one (Exhibit 11b). This account, which I also sent, shows £1 11s. 2d. as due to him, of which 15s. is his stake. On receiving the further betting slip (Exhibit 10b) I wrote to him on August 5: "I am holding over payment of your bet of to-day. Your letter bore the 1. 15 postmark, Forest Hill, and did not arrive until 7. 30 p. m. the same as your letter the day before." I got another betting slip from him on August 6 (Exhibit 8b) on which I wrote, returning it, saying, "No bet with me." I see written on the betting slip, "This bet was made out by 9 a.m. Saturday," and at the bottom, "This bet was posted at Forest Hill by 10 o'clock collection. See you Monday. "I could not say whether the first sentence was on it when I sent it back, but the second sentence was.

Cross-examined. My transactions with him were always satisfactory. I know that Waterleaf and Orpiment were given as tips in the "Daily Mail" of that day. The horses on abetting slip of August 5 are not in his handwriting. I cannot say about the slip of August 6.

  HARRY ALBERT TURNER , clerk, Exchange Telephone Company. At 2.6 p.m. on August 4 Waterleaf was received as the winner of the 2 p.m. race at Brighton and the news was distributed by our tape machine.

  FRANCIS MURCH HILL , clerk, Secretary's Office G. P. O. On August 11 I saw Williams at his house, 60, Perry Hill, Catford. I told him my name and position and that I was making inquiries regarding certain betting letters and that I was going to ask him certain questions, which he need not answer unless he liked, but that anything he said would be taken down in writing and might be used in evidence against him. I then showed him all the exhibits and he made the following statement" (Exhibit 6b), which I took down in writing: "I look at the letters of August 4, and August 5 addressed to Mr. Johnstone, the betting slips contained in them and the postal orders. I hear you say

there is reason to think the bets made in those letters are fraudulent. I hear you ask if I wish to offer any explanation of them being made in my name. I wrote the betting slip contained in the letter of August 4, I did not purchase the postal order contained in that letter. I addressed the cover to Mr. Johnstone. The slip and cover were written by me last Thursday between 10 and 11 a. m. I put the slip in the envelope and gave the envelope to a man whose name I do not know with 15s. to purchase the postal order. I told him to enclose the postal order in the envelope and post it. I wrote the address on the envelope dated August 5. The four postal orders you show me I gave to the said man with the envelope dated August 5. The written communication is not in my writing. I did not know the horses backed on that slip were going to be backed. The man told me he might have something good to send about 12 o'clock and if so he would back it, There is no agreement between me and the man. I was going to give him a couple of shillings for posting it. I gave the letter of August 4 to the man to post because I wag home ill in bed. He called to see me. I do not know why. I have not passed a score of words with him in my life. I received the winnings in the bet made in the letter of August 4. I kept it all myself. The first time I saw the man was, when he came to my house here about an order for some beer. It was about six months ago. I do not know where he lives. I do not know where to find him. I believe his name is Foster. "I reported that to my superior officer and on August 13 a warrant was taken out. I took statements from other persons in connection with this matter and in all eases warrants were taken out. Stratford was also taking statements, and in two cases warrants were not taken out.

Cross-examined. I took this statement with one other man in Williams's front sitting-room. I put a series of questions to him.

Police-constable   ALBERT BLAKE , G. P. O. At 3.30 p.m. on August 13 I saw prisoner at his house, and read the warrant to him. He said, "That is false altogether. I have done nothing of the kind. I have never done a crooked thing in my life. I absolutely know nothing about it. When taken to the station and charged he made no reply. On him I found Exhibits 7b, 8b, 9b, and 10b. On Watson I found two memorandum books, one of which contained the address of a bookmaker named "Johnstone. "

Cross-examined. Williams has lived at 60, Perry Hill six years. He has been employed by the West of England Brewery Company over four years as a traveller, and bears a very good character.

(Defence.)

  JOHN THOMAS WILLIAMS (prisoner, on oath). I first met Watson last February when he called on me with an order for beer. I discussed horse-racing with him. I did not know what his name was. I did not see him again until August 4. I was in bed with bronchitis, where I had been since July 26, when at about 9.30 p.m. he came

to the door, my wife came upstairs and said someone of the name of Watson wanted to see me. I did not know the name, but when he came up I recognised him. He said he was sorry to see I was in, and we started talking about racing. I told him I had had two horses sent me on the night before for that day's racing, and I showed him the letter. I wrote them on a betting slip. One was Orpiment and the other Waterleaf, a horse I had seen in the "Daily Mail" that morning. I asked him to get me a 15s. postal order, a packet of envelopes, and a penny stamp, and gave him £1. He went out at about 12. 30 p. m. and returned at about 12. 45. He handed me an envelope to address, and I addressed it in the usual way to Mr. Johnstone, the bookmaker. I was in bed at the time. I did not notice that there was a penny stamp on it, nor that a postmark had been put on it. The blinds were down, and I am shortsighted. I had not my glasses on, and I could not see without them, although I can write. I then put the slip and the postal order in the envelope, and, without sealing it down, gave it to him, and asked him to post it. I told him to put it in up the road to secure it reaching in time for the bet to be good. I generally posted them at Perry Hill by the 12 o'clock post, and this was 12.45. I gave him the difference in the change for his trouble—about 1s. 5d. He left before one p.m. He came to see me the next morning at about 9.30. I was in bed. I told him I did not intend betting that day, and he said if I liked to give him some money, later on in the day he might get some good information, and he would put it on for me. I gave him the postal orders that I had received from Johnstone just previously, three for 4s. and one for 3s. He said he was very hard up, and I gave him a 4s. postal order. The next morning the bet that he had made for me was returned by the bookmaker. I made a bet on my own on Saturday morning, which was again returned to me. The statement made on August 11 by me is correct, except that I did not write the slip of August 4 at between 10 and 11 a. m. I got confused between that and the following day. There was no arrangement between myself and Watson that he should post the letter after the race was run.

Cross-examined. My sight has always been a little funny. When Watson called on August 4 I understood the name my wife brought up to me was "Foster. "I suppose he came because he had some information to give me. On my asking him he said he was a tipster. He did not say he had come to see me about racing. I could not have asked him his name because when giving my statement I said it was "Foster. "It is not true that I had been losing a good deal with Johnstone just before this. It is not true that I saw Watson at 8 a.m. on August 4. I could not have told him that I was losing. I never had any agreement with Watson to share my winnings with him. The betting slip of August 5 is like my writing but it is not mine; it is authenticated in the same way as that of August 4 with "Williams" at the back. Watson had no specimen of my writing on August 5, except the envelope of August 4. There was no reason why I should not have sealed Exhibit 1b.

Re-examined. Watson saw my betting slip of August 4, with my name at the back of it.

  THOMAS EDWARD WHITE, M. D. (St. George's Road, Catford Hill), and   EDWIN WILLIAMS (retired detective officer of City of London Police, 181, King Edward Road, South Hackney) gave evidence to character.

Verdict, Williams, Not guilty; no evidence being offered on the indictment charging him with conspiring with Watson to commit the offence of which he had been found not guilty, a formal verdict of Not guilty was returned.

 

  MASSEY Joseph James (34, paperhanger), and   WATSON, Edgar Frederick (41, clerk), pleaded guilty of feloniously demanding from   Thomas Guntrip and others £1 14s. by virtue of a forged instrument, to wit a forged postmarked letter, well knowing the same to be forged and with intent to defraud.

As to Massey, it was stated that there were circumstances in his favour, he having fallen a victim to the temptation held out by Watson. He was sentenced to two months' imprisonment, second division.

Watson now pleaded guilty of feloniously demanding and endeavouring to obtain from   Bert Fry the sum of £4 8s. 9d. by means of a certain forged instrument, to wit a forged postmarked letter, well knowing the same to be forged, and with intent to defraud.

Prisoner, who had pleaded guilty of five similar offences, was suspected of having approached two postmen other than Denhert, who had not given information to the Post Office of the matter, and whose cases were now under consideration. He was believed to have been engaged in this kind of thing for some years. It was stated in his defence that he was out of employment and had adopted this means of supporting his wife and ten children.

Sentence (Watson), 20 months' hard labour.

  Connelly (see p. 531) and   Attree (see p. 537), who were convicted of like offences and were stated to have been the victims of Watson, were sentenced to eight months' and nine months' imprisonment (second division), respectively.

BEFORE THE COMMON SERJEANT.

(Thursday, September 15.)

 

  EGGLETON, Frederick (17, labourer) . Unlawfully attempting to carnally know   Dorothy Ada (Ruby) Smith, a girl under the age of 13 years.

Verdict, Guilty.

Prisoner was released on his own recognisances in £10 to come up for judgment if called upon.

 

  COBURN, Ellen (28, charwoman) . Feloniously wounding   Arthur Morley with intent to do him grievous bodily harm.

Mr. Bassett Hopkins and Mr. F. J. Egerton-Warburton prosecuted.

  ARTHUR MORLEY , pianoforte-key maker, 25, Affleck Street, Pentonville Road. On July 31 I was in the parlour of 4, Penton Place, with Mr. and Mrs. Rushbrook and Mr. and Mrs. Morgan, when a disturbance arose outside. I went to look through the letter-flap of the front door, when my left eye was pierced with a hat-pin. I saw two persons, one wearing a dark plush jacket. I went to the hospital, and on August 1, after going to the police-station, I saw the hat-pin (produced). picked up in the gutter by Mr. Rushbrook's son. I returned to the hospital for a week. My eye has been removed. The prisoner is a stranger to me.

  MISS ANNA SANDERSON, M. D., D. SC ., house physician, Royal Free Hospital, Gray's Inn Road. On August 1, at 1 a. m., I examined prosecutor. His eye had been injured by some sharp instrument, such as a hat-pin, on the white of the eye, not the cornea. He was afterwards seen by the ophthalmic surgeon, and it was found necessary to excise the injured eye to save the other. There is no danger now to the other eye.

  SARAH ANN RUSHBROOK , 4, Penton Place. On the night of July 31 I was looking out of the first-floor window when I saw prisoner, whom I had known for nine months, standing at my street door with her hat in one hand and a hat pin in the other. She rushed to the door. I heard prosecutor cry, "Oh, Fred, I am blinded. "I saw the hat-pin (produced) picked up the next day outside the house by my son.

Cross-examined. There were two other women and two men on the other side of the road. A little before prisoner's sister-in-law had given my daughter a black eye. I went round to protect her when prisoner and two other women set upon me. I went into the house and they banged at the door. This was about 20 minutes before prosecutor was injured. I went upstairs to look for a policeman. It was 12.15 a.m. when the accident happened.

Police-constable   FRANK MARCHANT , 252 G. On August 1, at 12.30 a.m., I received information, saw prosecutor at the hospital, and found prisoner at her home. I said I had come to arrest her for causing grievous bodily harm to a young man named Morley. She said, "Oh, do not frighten me. "I told her she had stabbed Morley in the left eye with a hat-pin through the letter-box of No. 4, Penton Place. She said, "I never had a hat-pin in my hat for a week. "I took her to the station. When charged she said, "She" (Mrs. Rushbrook) "has made a mistake. I never use a hat-pin in my hat.

(Defence.)

  FREDERICK SINFIELD , porter, G. N. R., brother-in-law of the prisoner. On July 31, at 11. 30 p. m., I and prisoner's husband heard that prisoner and her sister were having trouble in Penton Place. We went there and found prisoner, her husband's sister (Mrs. Cooper), and prisoner's sister (Mrs. Herne) outside No. 4. Mrs. Cooper punched the door with her first, and said, "Come out now and have a fair fight. "Mrs. Morgan screamed out from inside, "Murder—Police. "A man came out, of No. 4 and ran behind Cubitt's place,

we followed, lost sight of him, and returned to Penton Place, when we saw Morgan's daughter and two policemen at No. 4. We waited a little while, and all came home. About four or five hours afterwards I was woke up by Mr. Coburn saying his missies was locked up. We got home about 12. 30. I did not see or hear that the prosecutor was injured.

  ELLEN COBURN (prisoner, not on oath). I am not guilty. I had no hat-pin. That woman had got animosity against me, and is swearing my life away. My sister was there, and will not come down to the court. I can prove she is the one that has done it. I do not know the man—why should I do him an injury? I am very sorry for him.

Verdict, Not guilty.

BEFORE JUDGE LUMLEY SMITH.

(Thursday, September 15.)

 

  JENNINGS, Alfred Charles (45, compositor), pleaded guilty of unlawfully writing and publishing certain defamatory libels of and concerning   James Haydon.

Prisoner, having apologised for the libel and expressed his regret, and promised not to repeat the offence, was released on his own recognisances in £10 to come up for judgment if called upon.

 

  WEST, James (31, labourer),   WALSOM, Charles (22, labourer), and   GULL, John (28, traveller) . Conspiring and agreeing together to carnally know   Lilian Ellen Ada Rowe, a girl above the age of 13 years and under the age of 16 years. Gull, carnally knowing the said   Lilian Ellen Ada Rowe; West and Walsom, aiding and abetting the said John Gull to carnally know the said girl; West, attempting to carnally know the said   Lilian Ellen Ada Rowe; Walsom, aiding and abetting the said James West to attempt to carnally know the said girl.

Mr. Clarke Hall and Mr. Barrington Ward prosecuted; Mr. Tully Christie defended West and Walsom; Mr. Ronald G. Cruickshank defended Gull.

Verdict, Walsom, not guilty; Gull, guilty of carnally knowing; West, guilty of attempting to carnally know.

Previous convictions were proved against Gull.

Sentences, Gull four months' hard labour; West, one month's hard labour.

 

  HALLAS, Frank (30, waiter) , carnally knowing   Catherine Bohm, a girl above the age of 13 years and under the age of 16 years. Mr. Clarke Hall prosecuted; Mr. Stephen Low defended.

Verdict, Not guilty.

BEFORE JUDGE LUMLEY SMITH.

(Tuesday, September 13.)

 

  LILLEY Sidney (40, contractor), and   WRIGHT, William Herbert (55, contractor) , conspiring and agreeing together and with certain persons unknown to cheat and defraud such liege subjects of our Lord the King as should thereafter be induced to purchase horses from them of divers large sums of money and valuable securities; both obtaining by false pretences from   James Taylor £20, from   James Heighes £20, from   David James Standen and   John Oates £55 and an order for the payment and of the value of £7, from   James Ralph Sandry a certain order for the payment and of the value of £50 and the sum of £10, from   John Barker a certain order for the payment and of the value of £55, in each case with intent to defraud; conspiring and agreeing together and with one Taylor, and with persons unknown to obtain by false pretences from   George Vincent eight bullocks, with intent to defraud; both unlawfully receiving three of the said bullocks well knowing them to have been so unlawfully obtained; conspiring and agreeing together and with one Miller, and with persons unknown to obtain by false pretences from   Robert Batters by 26 bullocks, with intent to defraud; both unlawfully receiving 16 of the said bullocks, well knowing them to have been so unlawfully obtained.

Mr. Bodkin, Mr. Leycester, and Mr. M. Shearman, junior, prosecuted; Mr. Ernest E. Wild and Mr. Gordon Smith defended Lilley; Mr. Curtis Bennett defended Wright.

The indictment as to the horses was first taken.

  ARTHUR BURNHAM. I am tenant of Twyford Abbey Farm, Park Royal. In July I sub-let the pasture to Lilley; he was to pay £40 for the use of it until December 31. I have seen both prisoners about the place.

  CATHERINE SAWYER. My husband is a labourer on Twyford Abbey farm. In August a man named Bob came and lodged in our cottage. Soon afterwards Wright began to come and he used my sitting-room to write his letters, and letters came to me addressed to Wright. Later on Wright took a cottage on the farm. Lilley frequently came there; I knew him as Mr. White.

  CHARLES ADAMS , overseer of the Twyford Abbey Estate, spoke to seeing both prisoners about the farm. When Wright left the cottage he had taken there was rent in arrear; this was paid by Lilley.

  JAMES TAYLOR , coal merchant, Acton. In September I saw Wright at Twyford Abbey Farm. He told me he had some horses for sale which had been working on the railway in Norfolk; I picked out a grey mare; he said it was a good worker and asked £35 for it; I said I would pay him £30, £20 down, and £10 if the mare suited. The day that I took the mare home I tried her in all sorts of ways and she would not work. I took her back and got in exchange a chestnut cob; this also I found would not work and I returned it. I next tried a chestnut

mare, and had to return that. Wright told me I should have my money back, but he had not got it then. On November 5 a man I do not know called and paid me £10 on account; that is all I got back. I never saw Lilley at the farm. Later on I called at a house in South London and saw Lilley; he told me that Wright was living at Tottenham and said he would jog his memory when he saw him. At the time I parted with my money I believed that Wright was a genuine farmer and was selling me a sound animal.

Cross-examined. When the £10 was paid to me it left a balance of £10 due, for which no date of payment was fixed. Lilley subsequently offered payment in instalments of 10s. a week; within four days of the offer Wright was arrested.

  GEORGE TAYLOR , son of previous witness, spoke to trying the three animals and finding that they were quite worthless.

  JAMES HEIGHES , potato salesman, Kew Bridge. In consequence of an advertisement in the "Daily Telegraph" "Farm, cart, and van horses for immediate sale; cause of sale explained," I went to Twyford Abbey and there saw Wright. I said, "I want a young horse to go single or double in a potato van. "He said, "I think I can fit you up. "We went to the stables and I saw several horses. I picked out one and said, "I suppose you can warrant' it. "He said, "Yes; it's a good one; I bred it myself; I have used it on the farm in haymaking; also, it has been let out for a laundry van; it is six years old. "I agreed to pay him £20 for the horse; he said, "You have got a horse that will last you a lifetime. "As to the cause of sale, he said, "I have just done haymaking and have got no further use for them. "The horse was utterly worthless; it was impossible to get it to work at all. Eventually I sent it to Aldridge's and I got £6 or £7 for it.

Cross-examined. The horse was sold at Aldridge's without reserve and without a warranty. I did not make any complaint to the police. I did not apply to Wright for my money back. I had no written warranty from him.

  DAVID JAMES STANDEN , builder, Palmer's Green, and JOHN OATES, his partner, gave a similar story of the purchase of two horses for £55; both turned out to be useless; one, which was a rarer, was exchanged for a third animal, a further cheque for £7 being given. After keeping the horses for four months, witnesses sold them for £50.   THOMAS STANDEN spoke to the condition of the animals.   WILLIAM RICHARD DAVIS , a veterinary surgeon, who examined the horses on Standen's instructions, gave technical evidence as to their condition, as to their value, etc.   ROBERT JAMES MCCLELLAN , cashier at the National Bank of South Africa, where Oates had his banking account, gave the numbers of the notes drawn out by Oates for payment to Wright; three of these were proved by   ALBERT MAINWARING , clerk at the London and South-Western Bank, to have been paid into Lilley's account at that bank.   FRANK E. FAULKNER , a cashier at "Lloyd's Newspaper," produced the original of the advertisement upon which Stan den and Oates purchased (Exhibit 20).

  EDGAR WISEMAN BRAND , clerk to Messrs. Stimson's, auctioneers, Moorgate Street. In January last we had the letting of some stables at 65, Belvedere Road, Lambeth. A man (neither of the prisoners) called about taking them; he gave the name of Edgar Went worth, and gave four references; Exhibit 24 is one of the answers we received; it is signed W. Farrington. "Wentworth" paid £7 10s. as rent in advance.

  ALBERT PERROTT , clerk to Walkers, Parker, and Co., owners of the stabling in Belvedere Road. On February 24 I handed an agreement for the letting of the stabling to a man who gave the name of Edgar Wentworth, and I afterwards saw him about the premises. I also saw a man named Stone, to whom I understood Wentworth had sub-let; this "Stone" was the prisoner Wright. I do not recognise the other man at all.

  GEORGE H. MATTHEWS , managing clerk to Lee, Davis, and Lee, solicitors. We prepared the agreement for the letting of the stables to Edgar Wentworth. In reply to an application for rent we received Exhibit 25, signed "E. Wentworth."

Cross-examined. The rent was paid up.

(Wednesday, September 14.)

  JAMES RALPH SANDRY , builder, St. Ive's, Millbay. In consequence of an advertisement in the "Daily Telegraph" by a Mr. Wentworth, of Belvedere Road, I went there and asked for Mr. Wentworth; I saw Lilley, who said that he was the person advertising. He showed me a number of horses. I said that as I knew nothing about the horses I would come back with a vet; he said, "If you have a vet I suppose a warranty will be no use to you?" I said, "No. "Later I called with a vet (Broad) and again saw Lilley. After looking at the horses in the stables, Broad asked that they might be trotted up and down the street; Lilley said the police would not allow it; but eventually three were brought out. I selected two horses and agreed the price at £60; I gave him cheque for £50 and £10 in notes; the cheque (Exhibit 43) is endorsed "E. Wentworth "and has been collected through Lilley's account at the London and South-Western Bank. It was arranged that the horses should be kept till the following Monday and then sent to me at St. Ives. Lilley, in my presence, wrote the receipt for the £60, signing it E. Wentworth. (Witness then spoke to the condition and worth of the horses; one of them he had returned; he put his loss on the transaction at about £30.)   ROLAND G. SAUNDERS and   JAMES BROAD , veterinary surgeons, who examined the horses, described their condition.

  ALBERT MAINWARING , recalled, identified Exhibits 20, 24, 25, 28, and others as in Lilley's handwriting.

  JOHN BARKER , farmer, Kerbridge, Hampshire, told a similar story with regard to the purchase of two horses for £60. This man had his transaction with Wright, answering to the name of Wentworth. Witness instructed his solicitors to make a claim for £27, the price of one

of the horses, which he had returned as useless, and this sum Was paid.

  WILKER HOLDEN WARWICK , managing clerk to Kimber, Bull, and Duncan, solicitors, Old Jewry, produced the correspondence between his firm and "E. Wentworth," in the claim made on behalf of Barker. (The letters signed "E. Wentworth "were in the handwriting of Wright.) Eventually, £27 was recovered; the cash was brought to witness on July 6 by a man who was neither of the prisoners. (At that date Wright had been arrested.)

Cross-examined. We had no idea of a criminal prosecution; we should simply have brought a civil action.

Detective-inspector   EDWARD BARRETT, X Division. On October 29 I went to Twyford Abbey Farm to see Wright; I saw there Lilley; I asked him, "Where is Wright?" He said, "If you want him you must find him; this place and what is here belongs to me," he repeated several times. "Anything that Wright has done I will be responsible for. "When I went to leave he said to me, "What are you going to do?" I replied, "You need have no fear of me if you are carrying on your business straightforwardly. "On November 2 at the Brentford Police Court an information was laid by Standen and a warrant was granted for Wright's arrest. The same day I went to the farm, but could see neither Lilley nor Wright. We could find no trace of Wright and the warrant remained in our hands until July 4, when he was arrested. When he was brought up at the court on July 5 I saw Lilley outside the court. On July 14 a warrant was issued against Lilley for conspiring with Wright to defraud Standen. On the 15th I arrested Lilley; on my telling him what the charge was he said, 'It's a job to please everybody; the horse has to please the man, and they have to be pleased with the price, and then they are not satisfied. Wright was working for me on commission. I think we have been blamed for a lot more than we are responsible for. "On the way to the station he said, "I am not a puritan; I would be a fool to say I am. "To the formal charge he made no reply. I have seen each of the prisoners went. (Witness proved the handwriting of some of the exhibits.)

Cross-examined. Shortly after Wright's arrest I went to the Belvedere Road stables and saw five horses there; Lilley gave an explanation to account for their possession.

Detective-sergeant   WALTER HAMBROOK, X Division; On July 4 I went to 65, Belvedere Road and saw Wright. I said to him, "Is your name S. Stone?" He said, "Yes. "I said, "I believe you were at Twyford Abbey Farm last October in the name of Wright?" He said, "Yes. "I then read him the warrant. He replied, "The gentleman was well satisfied with the horses; we made it all right with him, and I thought he had withdrawn the warrant. "There were five horses in the stable. I said, "Are these horses yours?" He said, "Yes, I am selling them on commission. "I said, "Who for?" He replied, "It is not necessary for me to tell you. "On the way to the station he said, "You know I was working for Sid Lilley; all I get is a bit of commission when I sell a horse; he found for the horses in Belvedere Road; it's a bit rough on me; I have a daughter dying. "On July 15 I went

to 3, Grosvenor Terrace, Camberwell, and there found Lilley's pass-book (produced); I also found the agreement and other documents.

(Thursday, September 15.)

Verdict, Not guilty.

The trial of the indictment as to the bullocks was postponed till next session, prisoners being allowed bail.

ESSEX CASES.

BEFORE MR. JUSTICE HAMILTON.

(Wednesday, September 7.)

 

  HACKSHAW, George Gordano (33, decorator), was indicted for and charged on coroner's inquisition with the manslaughter of   William Hackshaw.

Mr. Bodkin and Mr. Graham-Campbell prosecuted; Mr. TullyChristie defended.

  MARY HACKSHAW , 21, Severn Avenue, Manor Park, widow. William Hackshaw was my son; he was 27 years old; prisoner is another son of mine. The two were always on very friendly terms.

  CICELY ELLIS CHAPMAN , 43, Holme Road, East Ham. Prisoner is my brother; the deceased was my younger brother; he was discharged last November from the Berkshire Regiment and after that lived with me. Prisoner used to call and we were all on friendly terms. In May William went to live with prisoner. On August 8, at prisoner's request, I called and saw his wife; she had a rash on her. On August 13 prisoner and William were both at my house; prisoner told William he would have to get fresh lodgings, as there had been a bother round him; William said, "Very well, Gordy. "Prisoner left; William followed shortly after, saying to me, "It's all lies; there has been no bother; I will go and see what he has got to say. "

  CHARLOTTE HORTON. I am the mother of prisoner's wife, and live at 5, Oakfield Road, East Ham, next door to prisoner. On August 13 he came in and asked me to go into his wife's bedroom, where I should find a knife, which he did not want the nurse to see. I went and saw his wife in bed, and beneath the sheets there was a carving knife. Prisoner, also asked me to get three or four children to play around his wife's bed; I told him it was not allowed. He was very angry, and knocked me down.

Cross-examined. Prisoner had never been violent before; on this occasion he was very wild, but seemed to know what he was doing.

  CHARLES K. BEATTY , general shopkeeper. On August 13 I was in Plashett oad near the "Duke of Connaught" and saw prisoner and his brother; they were quarrelling; prisoner struck his brother, knocking

him on to the window-sill; then he seized him by the throat and pitched him on his back on to the ground. Both fell together, prisoner on top; I went up to them; the brother said, "For God's sake, man, pull him off. "I got prisoner off him. Prisoner said, "lam going to do you in, but before I do I am going to have a doctor to Have her examined." He then walked away.

  WILLIAM T. LOWE. On August 13 I was in Plashett Road, when I saw the two men jangling; prisoner took his brother by the throat, struck him twice, and threw him to the ground. As prisoner was walking away I said to him, "Don't go away. "He came back and saw his brother on the ground, and said, "Where is there a doctor. "I said, "I did not know. "He walked away and returned with Mr. Smith. The brother was lying unconscious and bleeding.

  FRANCIS J. SMITH , "Ellersley Arms," Plashett Road. I saw from my window the two men struggling on the ground, prisoner on top of the other, his knees on his chest, and his hands round his throat. I rushed out and went to them; William was lying apparently dead. I gripped prisoner by the arms and said, "You will have to stop here." He said he was going to give himself up. He seemed dazed after the struggle, but he was quite cool. I asked him what the quarrel was about; he said something about a wife. We went together and fetched a doctor.

  DR. SAMUEL WITTEN. Smith and the prisoner came to my surgery; prisoner asked me to come and see his brother, who had had an injury; he said his brother had provoked him and hit him several times previous to his retaliating. I went to where the man was lying on the ground; he was not quite dead, but died within a few seconds. On a post-mortem examination I found several scratches of finger nails on the neck and chin and jaw; there was an abrasion on the right side of the neck and a slight contusion; the hyoid bone of the neck was fractured; there was some disease of the heart and the lungs; the man had certainly not been in a good physical condition. The cause of death was heart failure resulting on the struggle and the injury, accelerated by the state of the man's health.

Cross-examined. Prisoner seemed anxious, and slightly excited or dazed.

Police-constable   JOHN THURMAN , 729 K. On my going to the scene of this occurrence prisoner said to me, "I give myself up, policeman. I struck him and he went down, and this is the result of it. I did not intend to do this."

Police-constable   JOHN PARNHAM , 617 K, who took prisoner to the station, stated that on the way prisoner said, "We had been quarrelling. I struck him two or three times in the neck. I meant to do him in" Prisoner seemed to be very confused.

Detective-inspector   ALFRED BALL. On the evening of August 13 I saw prisoner and told him he would be charged with manslaughter. After being cautioned, he said, "I never had a quarrel with my brother. I was going to a mental specialist, Dr. Aldridge, of 9, Manor Road, Leyton. I believe my brother hypnotises me. It has been

going on for months, and I believe he had some influence over my wife as well. I did strike him. "Prisoner was strange in his manner and rambling in his statement. In reply to the formal charge, he said, "Yes, sir." I found on inquiry that there was a Dr. Aldridge.

Cross-examined. Prisoner did not appear to me to be a person who knew what he was talking about.

Prisoner's statement before the magistrate: "I do not wish to say anything."

(Defence.)

  SYDNEY REGINALD DYER , medical officer of Brixton Prison. I have had prisoner under observation for some time. He tells me that of late he has had a lot of trouble with his head; that his dreams have been so terrifying that he is kept awake all night; that this has been going on for some five months, and that it is entirely due to hypnotic influences exercised over him by his brother and others; that at the time of this occurrence he was on his way to consult a mental specialist; his brother insisted on following him, and that was the original cause of the quarrel. While under observation he has been perfectly quiet and tractable, but he was very, dreamy and imaginative, and his delusion as to hypnotism still persists. He tells me that he can by some magnetic power diagnose by his own feelings the different ailments of the other prisoners in the ward, as he feels exactly the same pains as they have. Some three weeks before he got to Brixton he heard a voice speaking to him, but did not know what it said. This, in my opinion, was a distinct hallucination. Having carefully gone into this case, I consider that prisoner is suffering from delusional insanity; that he requires rest; and that he may become dangerous to others. At the time of committing this offence I consider that he knew the nature of the act, but he did not know it was wrong, as his mind was so absolutely warped by these delusions that his judgment was entirely in abeyance. It was acting on those delusions that he committed the offence.

Mr. Justice Hamilton directed the jury to find a verdict of Guilty, but insane, and prisoner was ordered to be detained during His Majesty's pleasure.

BEFORE JUDGE LUMLEY SMITH.

(Wednesday, September 7.)

 

  LAY, John (31, labourer), pleaded guilty of, having been entrusted with certain property, to wit, 12 boxes of flowers, one box of cucumbers, three baskets of flowers, three hampers of flowers and one barrow, the goods of   James Johnson, fraudulently converting the same to his own use and benefit.

Previous convictions were proved.

Sentence, 12 months' hard labour.

 

  PEARCE, Annie Urinia (27, servant), pleaded guilty of obtaining by false pretences from   Agnes Johnson the sum of 6s., and from   Isabella Lucking one overcoat and the sum of 13s., in each case with intent to defraud; stealing one apron, the goods of   Agnes Johnson.

A previous conviction was proved.

Sentence, 18 months' hard labour and 3 months' hard labour; to run concurrently.

 

  FORDHAM, William Henry (23, shoemaker), pleaded guilty to attempting to steal £1 15s., the moneys of   Herbert Evans.

A previous conviction was proved.

Sentence, Nine months, hard labour.

BEFORE THE RECORDER.

(Thursday, September 8.)

 

  HAWLEY, Sidney George (28, printer), pleaded guilty of stealing in the dwelling-house of   Frank Archer two overcoats and other articles, the goods of   Alexander Baird, of the value of £5 2s.; stealing in the dwelling-house of   Sidney Stanley £4. 10s., one Post Office Savings Bank book and other articles, the moneys and goods of   Frederick John King, of the value of more than £5; forging a request for the payment of money, to wit, a form of withdrawal from the Post Office Savings Bank of the sum of £1, with intent to defraud; stealing in the dwelling-house of   Humphrey James Willis one gold guard, one watch and other articles, the goods of   Ellen. Elizabeth Willis, of the value of £10; stealing in the dwelling-house of   Susannah Boore one fountain pen, one chain and other articles, the property of   George Francis Golden, of the value of £8; stealing in the dwelling-house of   Grace Martini one watch and chain, one locket and one ring, her goods, of the value of £6 10s., and one watch and chain and other articles, the goods of   Ellen Martin, of the value of £11; and stealing in the dwelling-house of   Richard William Gray, one chain, one ring and one watch, his goods, of the value of £8.

Prisoner confessed to a conviction of felony at this Court on July 23, 1906, in the name of George Stanley, otherwise George Hush.

Detective-sergeant   HUBBARD gave evidence of four previous convictions and stated that prisoner's ticket-of-leave on sentence of four years' penal servitude expired on the day he was arrested on this charge. At that trial there were 40 cases against him and in the present instance there were 15, the great majority being thefts from houses at which he had taken lodgings. He was a skilled printer, and could earn an excellent wage.

The Recorder, remarking that it was quite clear that prisoner was a habitual criminal, sentenced him to Five years' penal servitude.

 

  WILSON, George (22, painter) . Burglary in the dwelling house of   William Albert Cox, with intent to steal therein.

Mr. Tully-Christie prosecuted.

  WILLIAM ALBERT COX , master tailor, 593, Barking Road. Between 11 and 12 p. m., on August 19, I bolted up the premises and left everything all right. About 3. 30 a. m. on August 20 my son heard a noise downstairs. He told me and I went to the landing and listened, when I heard a scuffling downstairs. I went to the front window, opened it, and blew my whistle. On the other side I saw a policeman running. About six minutes after he brought prisoner back I had not seen him before. I found the back parlour window had been forced open, the fern stand was pushed a little back, and there were marks of a knife on the woodwork of the window.

Station-sergeant   GEORGE ASKHAM , 73 K. About 3.40 a.m. on August 20 I heard a police whistle. I went towards where the sound came from and I saw a man and two or three police officers running towards me. Before I got to them they all turned down a street. I turned back and ran down another side street and I met prisoner at the corner of Old Street. He was running and out of breath and had his boots under his arm. I detained him. A constable came up and said, "I saw this man leave an empty house in Barking Road. "Prisoner said, "I have not been in any house. "I said, "How is it you have got your boots off?" but he made no reply. I took him back to prosecutor's house, No. 593, Barking Road. The doors of No. 595, next door, an empty house, were open. I found prosecutor's back parlour window open, with marks of a knife upon it, and this knife, which had evidently been used to force back the catch, was on a meat-safe outside the window. I showed the knife to prisoner, and he said, "I don't know anything about that." I took him to the station and on being charged he said, "I never entered the house. The other man did. I went in to have a sleep and he came and woke me up." He would have no difficulty in getting from the back of 595 into 593; there is only a small fence. At the police-court he said he had taken off his boots for a pillow. I never saw any other man.

Cross-examined by prisoner. You did not tell me when I stopped you that you were sleeping in an empty house and you had taken your boots off.

Police-constable   SIDNEY BALCOMB. At 3.30 a.m. on August 20 I was on duty in the Barking Road opposite No. 595, an unoccupied house, when I saw prisoner jump over the front gate with his boots under his arm. He began to put them on, but, observing me, he ran away. I chased him. At 11. 30 the previous evening I saw prisoner with another man about 300 yards from this spot. I went back to No. 595 and found the front and back doors open. There is a fence of about 5 ft. high separating the back gardens of Nos. 593 and 595.

Prisoner's statement before the magistrate. "At 11.30 I met a stranger. I asked him where I could get a night's sleep. He said, 'Come with me. I will find you one. 'We then went into an empty house and went to sleep in the back parlour. I took my boots off and

made a pillow of them underneath my head. I was awakened by him. He said, 'Come on; hurry up. 'He ran out of the house and I ran after him. I did not know what had happened. I have no witnesses."

  GEORGE WILSON (prisoner, not on oath) repeated the statement that he had made before the magistrate and added: Police-constable Balcomb asked me what I was doing with my boots off, and I told him I was sleeping in an empty house. I have only been out of work since July 1 and have had a thoroughly good character. This is the first time a shadow has passed over it and I hope it will be the last. I have been led into a trap.

Detective   JOHN MARTIN, K Division. Henry Wood, a master builder, told me that prisoner had been in his employ for four years as a general laborer on casual work; that he had always found him sober and honest; that he left of his own accord; and that he was prepared to take him back in his employ.

Verdict, Not guilty.

BEFORE JUDGE RENTOUL.

(Saturday, September 10.)

 

  WILKINS, Henry (40, ship's fireman) , stealing two tins containing jam, the goods of the   New Zealand Shipping Company.

Mr. Frampton prosecuted; Mr. Daniel Warde defended.

Police-constable   JOHN LANGLEY , Victoria Dock Police. On August 10 I examined the kits of the seamen of the ss. Ruahna. I found in defendant's kit two 2 lb. tins of jam. There are passes for personal effects and if there is anything special the men have a pass signed by the company. There was no special pass in this case. I told prisoner his baggage had been detained in the Victoria Dock as I had found the two tins of jam. He said, "I know they are there; they are stores issued to us and I have not used them and I was going to take them home. "He was charged after that.

  LAERENCE LONG , superintendent purser, New Zealand Shipping Company. The men on board our ships are divided into messes, and to those messes are distributed weekly allowances of jam, butter, etc. Other things which have to be allowed under the Merchant Shipping Act are served up already cooked. The tins of jam supplied for the use of the crew are 7 lb. tins. No 7 lb. or 2 lb. tin is served out to any one man.

Cross-examined. I know prisoner and seven or eight others who have been arrested claim these tins as belonging to them. Whether the company like it or not they have to provide every sailor with 1 lb. of jam or marmalade per week under the Act, and it is also embodied in the articles. (To the Judge.) If a man liked to forgo his jam or marmalade, butter could be substituted.) I should not like to say that the men can do what they like with the food served out to them.

I do not know that a man would be prosecuted if he threw his food overboard; the question has never been raised. I cannot say if the company would consider it a criminal offence. They would certainly take the view that he was wasting the stores and they would have a case against him for wasting. I have never heard of a rule on our vessels that the single men give the jam and marmalade they have left on arrival at Gravesend to the married men. We have now added a clause to the articles that all unconsumed stores that have been issued to the men are to be the property of the company. The clause was submitted to the Board of Trade and approved by them.

MR. WARDE. There are several questions of law, my lord. I do not know whether I should place them before your lordship now before I call my evidence.

The Foreman of the Jury. The jury think they have heard sufficient of the case to give a verdict.

Judge Rentoul. That, of course, would be a verdict of acquittal.

The Foreman. That is so.

Judge Rentoul. I think the defendant's contention is ridiculous, and it ought to be set out clearly that no such thing is possible or allowable as that a man should take food off a ship. The Government has said that seamen must be supplied with a certain amount of food because it is for the safety of the passengers and the ship. A man could not be allowed to half starve himself—it would be an absurd contention.

Mr. Warde. I am prepared to go that length.

Mr. Frampton. I am prepared to go the other length. I opened this case to the jury, I submit, in a most impartial way, and pointed out that it was not a question as to whether, in the view of the defendant, he had a right to do it, but whether he had a felonious intent.

Verdict, Not Guilty.

 

  McHAFFIE, William Ewart (26, traveller) , having been entrusted with certain property, to wit, 10 lb. in weight of tea and other articles, the goods of   James Christopher Brown, in order that he might deliver them to certain persons, did fraudulently convert them to his own use and benefit.

  WILLIAM DECKER , manager to J. C. Brown, 145, Romford Road East. On August 9 prisoner came to my office. He represented himself as a traveller and asked for a berth. I told him I could not then put him on a salaried position but would give him a commission and suggested 40 per cent., which he agreed to. On Saturday, 13th, I saw him next, when he handed me this list of names and addresses of customers who had given orders. I handed him goods to the value of £1 1s. 9d. and he was to return to the office at five o'clock with either the money or the goods. He did not return. I next saw him on the 22nd at Lichfield Road, Bow, and gave him in charge. He said he had had the goods and did not know what had become of them, as he had been drinking.

Cross-examined by prisoner. I did not say the commission would be 40 per cent, and that I could not fix a salary until you proved your

ability as I had paid certain men wages and they had not come up to my expectation. I said, "Provided your business was good on the commission terms we should put you on a salary the following week. "

Police-constable   MICHAEL CRISTIE, K Division. I saw prisoner on August 22 and told him I was going to take him into custody for stealing 10 lb. tea, 1/2 lb. cocoa, and 1/2 lb. coffee. He replied, "I had the tea: I never had any money for it. I do not know what I have done with it. I have been drinking to excess. I must get out of it the best way I can. "He appeared to be recovering from the effects of drink.

  WILLIAM EWART MCHAFFIE (prisoner, not on oath). My contention is if I had been going to defraud this man I should not have gone the way I did. The orders I gave were genuine orders. If I had been going to take the tea and convert it to my own use, I had no necessity to obtain orders. I took the orders in on the Friday night, and asked him if he would give me a small amount on account of wages to save me breaking into the money. I think it was a wet day on Saturday, and I was till eight o'clock at night trying to deliver this tea and get people to take it. In the finish I threw the thing up in disgust. I served as many as I possibly could, and thought I had done a fair week's work. I thought at the worst it would be only a small difference, there being no settled arrangement about the wage I was to be paid. I took upon myself the responsibility to make that wage myself, and any difference there would have been I was quite willing to refund.

Verdict, Not guilty.

BEFORE THE RECORDER.

(Monday, September 12.)

 

  THAMERUS, Clementina (40, housekeeper) . Having been entrusted with the sum of £30 for safe custody, did Unlawfully and fraudulently convert the same to her own use and benefit.

Mr. Warburton prosecuted; Mr. Tully-Christie defended.

  MARY ANN LOUGH , widow, 152, Belmore Avenue, East Ham. I am the second wife of my husband, who died in April, 1908. About three weeks after his death I went to live with prisoner, working for her in exchange for my board and lodging. At the end of that April I received £60 from the Post Office Insurance Fund. Prisoner knew it was coming to me; she advanced me £5 the day before it came. I had no banking account of my own, and she told me she would put it through her bank for me and give me the money, but that she cloud not pass it through directly as she had not money enough in the bank. I gave her the cheque. My husband was buried on May 2. On May 1 she gave me £10 or £15, I am not sure which. She said she would give me the rest when she had passed my cheque through the bank. She sold her business of a general shop on September 2, and left after giving me £6. I received £30 in all from her. I

asked her several times between April and September for my money and she said she would settle up when she had sold the business. On the day she left I said I wanted some money to go to the Isle of Wight, and she said, "I will let you have £6 now. I am going to the bank, and when I come back I will pay you up. I'll bring in something for tea. I never saw her until she was in custody this July. On September 16 of that year I issued a warrant against her.

Cross-examined. She lent me the £5 to help pay my husband's funeral expenses. She gave it to me in gold in the shop in her husband's presence. I gave her the cheque to cash for me as I wanted to put the money into the P. O. Bank. I expected the money the same day, but she kept putting me off. I was told prisoner went away with a young man, leaving her husband and daughter behind. They told me they had been to the Continent to see her. I did not know where she was. About a week after she left her daughter handed me this letter from her, which she undated, and has no address, saying that she would be home in a fortnight, and that she was looking for another business, when her daughter Lily and myself would be all right. I heard no conversation before she left about her husband buying a house. I do not know if he bought one. He did not offer to give me 5 per cent, for my money to buy one with. When I asked prisoner for my money she did not tell me to ask him for it.

  LILY THAMEBRUS. I remember prisoner, who is my mother, leaving the house on September 2, 1908. Prosecutrix asked her on that day for the remainder of her money—£30—and my mother said she was going to the bank and she would give her the money when she returned; that she would not be long, and would bring something in for tea. I did not see her again. I saw mother give her £6, and I think that reduced the debt to the £30. The next day prosecutrix handed me an envelope. I heard my mother had gone to Belgium, and some time that year T went there to see her.

Cross-examined. We got the address through the bank. We went to try and get her to come home again. I know it was £6 that mother gave prosecutrix because I remember prosecutrix saying that that would not be enough to go away with. I have only her statement that it was £6. I did not count it. My father bought a house, but it was before Mr. Lough died. The letter I received from my mother contained a cheque for the Building Society.

  WILLIAM THOMAS BRAIN , secretary, United Kingdom Postal and Telegraph Service Benevolent Society. In April, 1908, I drew this cheque for £60 (Exhibit 2) to Rosalind Harriet Lough, the late wife and nominee of deceased, who was on our pension list. I did not know she was dead. It was paid to the prosecutrix, who was his then widow.

  MARY ANN LOUGH (recalled). To the Court. I gave authority to prisoner to endorse the cheque. She said she would see it through all right, and her niece, Miss Elder, wrote this name, which is not mine, on the back. Prisoner cannot write. I did not see the niece sign it.

She is dead now. I saw that the cheque was made payable to my husband's first wife. Prisoner said that did not matter as long as I signed the same.

  PERCY BLACKMORE DAVY , cashier, London and South-Western Bank, West Ham. I produce a certified copy of prisoner's account between March and November, 1908. The cheque for £60 was passed through on May 1, 1908, and credited to her. The account was closed in November, 1908, by a cheque of £31 17s. 6d. being drawn out.

Detective-sergeant, East Ham. At 11.30 a.m. on July 10 I found prisoner detained at East Leigh Police Station, Hampshire. I read the warrant which was issued on September 16, 1908, to her, and she said, "I did not have the money. My husband had it. "On the way to London she said, "I paid Mr. Lough's funeral expenses and I paid for her mourning before I had the cheque. I did not have the money, although I paid the cheque into my bank. My husband had the money. He told me to give it to him. My husband was going to buy a house, and he asked me to ask her if she would lend him some money. I asked her and she said, 'Is it all right?" My husband said, 'Yes, I am not going to use it; I am going to put it into property, and I will give you 5 per cent. 'Mrs. Lough then said, 'Let him have it. 'I have not got any right in it neither has Mrs. Lough or my husband. I wish I had, but I did not steal it. When the charge was read over to her she said, "I did not have it. My husband had the money. "

Cross-examined. Prior to September, 1908, prisoner was carrying on a very prosperous business. She went off to Belgium with a man named Windsor. She always bore a good business character at East Ham. I believe her husband is an undischarged bankrupt. The business was in prisoner's name. (To the jury.) I know it is a prosperous business because I have seen the accounts.

(Defence.)

  CLEMENTINA THAMERUS (prisoner, on oath). I advanced prosecutrix £20 in April, 1908, to pay the funeral expenses, as the cheque she was to receive was delayed. When it came she gave it to me to pay myself out of it and to pay the rest into my bank, where it was to remain until she wanted it. I did so. A fortnight afterwards she came to live with me, and said she did not need any money as I was going to keep her, and I could use it as I wanted it. My husband said one day he wanted to buy a house through a building society, and asked her to lend him the £30, the balance due to her. She asked me if I did not want it, and I said she could do as she pleased with it, and that it was nothing to do with me. She agreed to do so, and I gave him the £30, which I had in the house at the time, he promising to give her 5 per cent, for it, saying that it would be better than paying it into the Post Office. No previous mention had been made of the Post Office to me. On the morning of September 2 she asked me for her

money as she wanted to go to the Isle of Wight for a holiday. I went to the bank, drew out £40, and gave her £10 in gold; which was the balance left after my husband had taken the £30. My daughter was not present at the time, and she has not spoken the truth in saying I only gave her £6. I had just sold my business. My husband was cruel and misconducted himself and, being a Belgian, I went on that day to my mother in Antwerp. I wrote to my daughter from there and enclosed a letter to prosecutrix because I liked her. Some weeks after my husband and daughter came over and wanted me to return with them, but I refused. I had a public house there, which I kept five months. On November 5 I drew out the rest of my money from the bank.

Cross-examined. I told nobody that I was going. My daughter knew my address all the time; she wrote to my mother. I never went away with a Mr. Windsor. I did not give prosecutrix £10 or £15 on May 1.

Verdict, Not guilty; the jury remarking that they thought it was a case for civil proceedings.

 

  O'CONNELL, William (30, ship's steward) . Stealing one pair of binocular glasses, the goods of   Ernest Frank Tevenard.

Mr. Frampton prosecuted; Mr. Eustace Fulton defended.

  ERNEST FRANK TEVENARD , "The Beeches," Bolton, Lincolnshire. In July last I was a passenger on a steamer from Monte Video to London. I kept these binocular glasses in my bunk. Their value is about £7. About July 18 I missed them, and I reported their loss to the captain. A notice was posted up, offering a reward for their return. On August 10 they were shown me, and I identified them.

Cross-examined. I was looked after in the cabin by stewards. No sailors came near. I also missed a watch and chain, which I subsequently found in my bag. The reward was posted up in the two vestibules. I have had the glasses nine years.

  WALTER LILY , detective, Port of London Authorities, stationed at Victoria Docks. About 4 p. m. on August 10 I examined prisoner's kit-bag at the docks. It was being conveyed out by the London Parcel Delivery Company's vans with a number of other kit-bags. I found about three-parts of the way down, this pair of binoculars, tied up in this handkerchief. This shirt was wrapped tightly round them. (Articles produced). It is the prosecutor's handkerchief. About 1.45 p.m. I saw prisoner on the vessel, and told him what I had found, and asked him for an explanation. He said, "I know nothing about them. "I said, "Who packed your bag?" and he said, "I did." I said, "The glasses have been stolen. I shall have to take you into custody and detain you for the time being. "He said, "All right" On being charged he replied, "Yes. "When shown the handkerchief and shirt We said, "They are not mine."

Cross-examined. It is my common practice to search the kit begs, and the men know it. I was asked on this occasion to search owing to the number of robberies that had taken place of the cargo and

other things on the boat principally on the outward voyage. I am told prisoner was not sailing on the ship then. There is nobody here who can give any information as to the extent of the robberies on the homeward voyage. I should say the able seamen are not allowed into the passengers' cabins, but they can get there. There is nothing on the shirt to show whom it belongs to. Before the ship gets into the dock the seamen, of which there are 120, pack in the fo'castle. The stewards have separate berths. Prisoner's was an ordinary seaman's bag. Anybody could have put anything in it. There was no lack of it. It is the general practice of the men to put on a label and have their bags sent to their homes by the Parcels Delivery Co. Some of the men on the outward voyage came home on the homeward voyage. I do not know that there was a search made in New Zealand; I know they made inquiries. Prisoner bears a good character. He joined the ship in New Zealand, where he had been three years. His discharges are excellent. His discharge for his home voyage is marked "Very good," and is dated August 19 after he was committed for trial. Thirty or 40 men's kit-bags would be in the same place and they are left there for the Parcels Delivery man to take. I found five bags containing stolen goods, but there were others searching besides me. I think 20 were found in all.

(Defence.)

  WILLIAM O'CONNELL (prisoner, on oath). I have been a seaman for many years. All my discharges are marked very good. The first I heard about these glasses was when I went down to the docks to get paid off. A seaman told me there were two detectives waiting on board for me to ask me about these glasses that were found in my bag. I went on board and saw the chief officer, who said he did not think I had anything to do with it. I told the detective I knew nothing about this. I have never seen the handkerchief or the shirt before. I found this piece of blue rag tied round with string in my bag. I have never seen that before. Coming up the channel the night before we arrived I was packing my bag. I had packed it a quarter of the way up and then I went at 1 a. m. on the look out till 4 a. m. I left my bag open among a number of others which belonged to the men. I completed my packing after the ship had been tied up along the side. I then tied it up and put a label on it. I have never seen the glasses before. We are not allowed near the passengers' cabins. The stewards are allowed to enter our fo'castle. There is a cupboard there in which they keep things.

Cross-examined. I never noticed the glasses when I resumed my packing. I did not turn out the bag. I was on very good terms with all the men.

Verdict, Not guilty.

BEFORE JUDGE RENTOUL.

(Monday, September 12.)

 

  MILLS, Septimus (30, fitter) . Attempted buggery with   Gilbert Harold Gregory; committing an act of gross indecency with   Gilbert Harold Gregory, a male person.

Verdict, Guilty.

Prisoner was further indicted for breaking and entering the dwelling-house of   Mary Cross and stealing therein two dishes and other articles, her goods, and feloniously receiving the same.

  MARY JANE CROSS , Jernyngham Road, New Cross. At 7.15a.m., June 14, I found my morning-room window open; the screws had been taken out of the catch and entry made into the passage, dining and drawing-rooms; a cabinet for silver opened and the greater part of the contents taken but; some taken away and others left on the morning-room table. The value of the things stolen is £15 to £16. I identify the articles produced as mine.

  GOLBERT HARRY GREGORY . Prisoner showed me these silver articles at his house, Mulberry Street, Whitechapel, last June. He said, "You little think while you are abed and asleep I am doing these little moonlight jobs. I am sorry to tell you I am a professional burglar. This is my third year. I am going to take the dishes and pig over to Clapham Common and do them into a 'fence. '" We went next day to Clapham Common and he went to the shop. The man was at dinner, so we came back and went to a coffee-shop. Prisoner left me there while he went to sell them. When he came back in a quarter of an hour he had not got them. He saw me speaking to a young man at the coffee-shop. He asked me what he had been saying. I thought he meant about him and said he had said nothing. We had a row. I called him a thief and said I had heard all about him from the coffee stall. I asked him to forgive me for saying it. They used to talk about him at the coffee-stall and that gave me a light on it that he was a burglar.

Detective   THOMAS EVANS . On July 6 I arrested prisoner on another charge. Subsequently he was charged with housebreaking and receiving these articles. I said to prisoner, "Do you wish to give any information respecting the disposal of the trinkets?" He said, "I sold them to a jeweller at Clapham Junction near the public-house where the 'buses stop. He gave me 11s. for them as old silver. "The jeweller has gone to Brussels on some legal matter. The business is still being carried on.

Prisoner's statement before the magistrate. "I have read the statement of the boy Gregory. It is not all true. As regards the jewellery and trinkets which he speaks of I bought them two or three weeks ago from a man in Aldgate for 10s. I do not know the man's name or address. He was a big pugilistic fellow. Gregory was working for me. I found him out in dishonesty. I remember stating to him I was a professional burglar, but that was in a jocular way. I told him that he had better leave my company. I told him since I was out at night on

private way if he was a 'leg' I wished to have nothing more to do with it. He kept away a fortnight, when the mother wrote to ask me for 12s. That is what brought us together again. I have read this statement and it is true. "

Detective   ALEXANDER OTWAY . When I told prisoner that he would be charged with breaking into Mrs. Cross's house on June 14 he said, "All right; you had better prove that. "When charged he said nothing.

  SEPTIMUS MILLS (prisoner, not on oath). My landlady is willing to come and testify to my always being in and keeping my time. I have never been later than 11 or 12 at night. If I have been coming in later than 11, I have always told her. She is only a poor worker and not able to wait here every day. There is no evidence that I broke into this lady's house. Had I known they were stolen I should not have told the police where they were.

Verdict, Guilty of unlawful possession.

Previous convictions were proved.

Sentence, Six months' hard labour on each indictment, to run consecutively.

SURREY CASES.

BEFORE THE COMMON SERJEANT.

(Wednesday, September 7.)

 

  PRICE, Joseph (32, clerk), pleaded guilty of breaking and entering the dwelling-house   No. 74, Lonsdale Road, with intent to steal therein.

Three previous convictions under the Vagrancy Act were proved.

Sentence, Nine months' hard labour.

BEFORE JUDGE LUMLEY SMITH.

(Wednesday, September 7.)

 

  THORNTON, Harry (30, labourer), pleaded guilty of breaking and entering the shop of the   Home and Colonial Stores, Limited, and stealing therein 15 lb. in weight of tea and three packets of jelly, their goods; breaking and entering the shop of   Liptons, Limited, and stealing therein 5 lb. in weight of biscuits, their goods.

Sentence, Eight months' hard labour on each indictment, to run concurrently.

BEFORE THE RECORDER.

(Tuesday, September 13.)

 

  RUSSELL, William (46, stockbroker) , unlawfully writing and publishing and causing and procuring to be written and published a false and defamatory libel of and concerning   William Henry Worsley.

Mr. Huntly Jenkins had appeared to prosecute on previous occasions; Mr. George Elliott, K.C., Mr. Curtis Bennett, and Mr. Eustace Fulton now appeared to defend.

Mr. Huntly Jenkins stated that he was not instructed in the case.

The prosecutor in person asked for an adjournment, stating that he had not the necessary funds, without which his solicitor would not proceed. On it being pointed out that the plea of justification set up was filed as early as August 27, the Recorder refused the application, and asked the prosecutor whether he proposed to offer any evidence. The prosecutor replied that he did not, as he was not in a position to conduct the case himself. The Recorder accordingly directed the jury to return a verdict of Not guilty.