Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 04 October 2023), February 1912 (t19120227).

---

Old Bailey Proceedings, 27th February 1912.

RACKLEY, Elizabeth (53, charwoman), and WATSON, Ada Louis (23), who pleaded guilty last session (see page 476) of larceny, were brought up for judgment.

It was stated that Rackley was responsible for Watson (her niece) committing the offence; she had also taught her and her daughter to drink.

Sentences: Rackley, six months' hard labour; Watson was released on her own recognisances and those of her husband in £10 each to come up for judgment if called upon.

WOOD, Henry (23, clerk) pleaded guilty of stealing bankers' cheques for £6 0s. 4d., £16 5s. 4d., and £9 10s. 2d., the goods of John Sidney Hogg and others, his masters. Stealing one cheque form, the goods of the said J. S. Hogg and others, his masters. Forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for £91 10s., with intent to defraud.

Prisoner had been in the employ of the prosecutors, who had discharged him last October for incompetency, for fifteen months. He had defrauded them in all of £66 within the last three months of his employment and had by forging a cheque he had stolen succeeded in obtaining, in addition, £91 10s. The Recorder made an order for restitution of the money found upon him and goods to the value of £40 which he had bought with the remainder.

Sentence: Twelve months' imprisonment, second division.

BURDEN,James (19, labourer) pleaded guilty of, on January 30, 1912, forging and uttering, knowing the same to be forged, a certain request for the payment of money, to wit, a notice of withdrawal of the sum of £10 from the Post Office Savings Bank and a receipt for the said sum, in each case with intent to defraud. On February 3, 1912, forging and uttering, knowing the same to be forged, a certain request for the payment of money, to wit, a notice of withdrawal of the sum of £10 from the Post Office Savings Bank and a receipt for the said sum, in each case with intent to defraud. The prisoner confessed to a previous conviction of felony at the Westminster Police Court on June 24, 1911, when he was sentenced to six weeks' hard labour for stealing. He had been a great source of trouble to his. parents. He refused to give any account of himself. In 1911 he was employed by a firm who had discharged him for dishonesty. He had given way to drink.

Sentence: Three years' detention in a Borstal institution.

JAY, Walter (35, postman) pleaded guilty of stealing a postal packed containing a postal order for 3s. 6d., the property of His Majesty's Postmaster-General, he being an officer of the Post Office.

Prisoner had been in the service of the Post Office since 1890 and was now earning 36s. a week. At his address were found 22/ opened and 14 unopened packets; £10 worth of postal orders had been traced to him.

Sentence: Nine months' hard labour.

FRIEDLAND, Eleazar (49, auxiliary postman) pleaded guilty of stealing a postal packet containing postal orders for 5s. and 3s. 6d., and 6 penny postage stamps, and a postal packet containing a postal order for 7s. and 4 halfpenny postage stamps, in each case the property of His Majesty's Postmaster-General, he being an officer of the Post Office.

Prisoner had been in the service of the Post Office for 14 years and was now earning 13s. 6d. a week for 41/2 hours a day. During the past 11 months there had been lost from the office to which he was attached 75 letters containing postal orders to the value of £33.

Evidence was called as to prisoner's previous good character. It was urged on his behalf that prisoner's additional earnings from keeping a sweet shop were not sufficient, with his salary from the Post Office, to keep his family.

Sentence: Eight months' hard labour.

MILES, Walter (27, auxiliary postman and boot repairer) pleaded guilty of stealing a postal packet containing a postal order for 10s., the property of His Majesty's Postmaster-General, he being an officer of the Post Office.

Prisoner had been in the employ of the Post Office since 1905 and was in receipt of 12s. a week. It was stated prisoner earned very little outside his salary and he had a wife and child to keep.

Sentence: Six months' hard labour.

WILLIS, Charles (61, porter), and TURNER, Horace (42, pot- man), pleaded guilty of feloniously possessing counterfeit coin with intent to utter the same.

Willis confessed to a previous conviction for a similar offence on December 6, 1910, in the name of " Charles Harris, " and Taylor to a conviction for uttering counterfeit coin on December 11, 1910. Three other convictions (none for coining), dating from 1908, were

proved against Willis; he had been four times charged with coining offences, but had been acquitted. It was stated that he always used barmen as confederates and never did any work. Three further convictions dating from 1905 were proved against Turner; he was released from his last sentence on the 11th of last month.

Sentences: Willis, Four years' penal servitude; Turner, three years' penal servitude.

BEFORE JUDGE LUMLEY SMITH.

(Tuesday, February 27.)

COUSINS, Walter (41, stock dealer), GORDON, Edgar (48, stock dealer), and JACQUES,Ernest (36, clerk) , all conspiring together to defraud persons who might deal with the Equitable Exchange, and obtaining by false pretences from Thomas Burvill two £1 postal orders, from Richard Edward Ricketts Morse bankers' cheques for £5 and £5, from Leonard Hall a money order for £10, and from John Pemberton Lloyd three share certificates, in each case with intent to defraud.

Mr. Muir, Mr. Crawford, and Mr. Briggs prosecuted; Mr. Marshall Hall, K. C., M. P., Mr. Valetta, and Mr. Orr defended Cousins and Gordon; Mr. Eustace Fulton and Mr. J. L. Myers defended Jacques.

THOMAS BURVILL, builder, Folkestone. In March, 1911, I saw advertisement (produced) in the "Daily Telegraph, "containing the statement: "Trunk Thirds booming. Operators this year have already received over £137, 000. " I believed that statement, wrote to the Equitable Exchange and received a large number of documents. One of them referred to Erie shares and said: "We have expended large sums of money in obtaining from numerous sources information regarding this line and we would not place same before you were we not convinced in our mind that by acting immediately and with promptitude most handsome profits are practically assured. Operators this year have already received over £60, 000. 8, 137 new clients in 1911. No contangos, commission, or even contract stamps. How is it done? " On March 27 I sent £2 to be invested in Erie Common shares and received contract note: "Equitable Exchange, general bankers, " etc. "We beg to advise having sold to you continental call option on 10 Erie shares for 15 days. 30?. Ecart rate 4s.—£2. " The third condition on the back is "A call option may be exercised at any time within the given period or at the first tape price on the day of expiry. Unless instructed to the contrary, all options are exercised when deemed advisable. 4th. All options are granted for cash being payable in advance and lapse on the day of expiry on which the call is due unless previously exercised. " I believed the statements as to £168, 000 having been paid that year in profits and that the Equitable Exchange were principal agents for the Stock Exchange, dealing on their behalf with the outside public.

I thought it was a genuine business. I received circular "Unsolicited testimonial."

Cross-examined by Mr. Marshall Hall. I believed it was true because it was in print. I thought the £168, 000 profits had been paid to clients of the Equitable Exchange. I expected the Exchange to purchase the shares in which I had an option on my behalf.

RICHARD EDWARD RICKETTS MORSE, retired Lieutenant-Colonel, Chalgrove House, Cheltenham. In November, 1911, I received a number of circulars, including "Unsolicited testimonial, " which contained, "A few amounts lately paid away to successful clients. Every cheque may be seen at our offices, examined and verified by our accountant. " A number of cheques are given, ranging from £250 to £6 10s. I believed those cheques had been sent to clients of the Exchange. I thought the Equitable Exchange were general bankers and outside stock brokers, acting honestly and straightforwardly as dealers; I did not think they were running the stock against me. I received a number of other circulars (produced), forwarded cheque for £5 and on December 1 another cheque for £5, filling up "Special order form to control the American market for 30 days. I enclose remittance, value £5, it being thoroughly understood that my liability is strictly limited to the amount herewith. Kindly exercise your discretion on my behalf." On December 4 I received telegram: "Americans rising strongly, advise further £5 to £20 interest control options." I forwarded another £5 and received contract note for "call option on 10 shares each of the American market for 30 days. " I read the conditions on the back. I believed the statements made in the circular, particularly as to the amounts said to have been paid to successful clients.

To Mr. Marshall Hall. I saw from the conditions on the contract that I could abandon the option at any time I deemed advisable. I knew I was having a bit of a gamble and that my profit depended on the rise- in the value of the stock.

LEONARD HALL, 37, Granby Street, Peterborough, warehouseman. In November, 1911, I saw an advertisement in "Answers" of the Equitable Exchange: "The largest, most reliable, and financially strongest institution of its kind in the United Kingdom, " offering a continental option for 30 days, and suggesting that a profit from £31 to £465 would be secured if the stock rose. I wrote, and on November 9 received a booklet stating that my interests would be watched and that profits would be made, etc. Believing the statements, I sent £10 and received contract note for a Continental Call Option on 25 United States Steel Corporation common shares. I also received pamphlet, "Golden Hints, " giving "unsolicited testimonials" and a list of sums paid to successful and gratified clients. " I believed the statements and that the Equitable Exchange was a genuine business. On December 12 I was informed that the option was expired and my money was lost.

Cross-examined by Mr. Valetta. I thought I was going to make a bit of money. I exercised my judgment after consulting a friend.

I have never written to the Equitable Exchange complaining. I had to be satisfied.

JOHN PEMBERTON LLOYD, 26, Unthank Road, Norwich, schoolmaster. In November, 1911, whilst I was at Scarborough, in consequence of an advertisement I saw in the Daily Mail, " I wrote to Broad Street House and obtained a copy of the "People's Financier." I subsequently wrote to the Equitable Exchange and received in reply a booklet head "Options explained"; also a paper with a picture of a handful of sovereigns and banknotes; also "A recent unsolicited testimonial: Dear sir, I beg to acknowledge receipt of cheque, with thanks. I am sorry I differed about the amount due, but I saw my mistake directly. Wishing you every success.—I remain, yours faithfully, E. B. A few amounts recently paid away to successful clients. " Then followed what purported to be a list of cheques giving the numbers, amounts, and the initials of the persons to whom they were paid."Every cheque may be seen at our offices. " In that list of cheques there was one for £55 14s. 9d. paid to "E. H. " I believed those statements. On November 29, 1911, I filled in and sent a "Special order form to control the American Market for 30 days, " enclosing two £5 cheques dated December 25, 1911.

On November 29 I asked them to explain how they made their profits and sent 20 Cumulative Preference Shares in Paterson, Laing and Bruce, asking them to sell them and take £10, and if the postdated cheques were no good to return them and use £10 from the money obtained by the sale of the-shares. The Equitable Exchange then returned the two cheques. I then sent them 45 shares in British Oil and Cake Mills Ordinary, 100 "Illustrated London News" Preference shares, 23 Learoyd Brothers Ordinaries, 95 Hoffnung Ordinaries, 40 British Moss Litter Ordinary shares, two Ruston Procter Ordinary shares, with instructions to sell and invest the proceeds as they thought best. On December 7 the Equitable Exchange stated that they had sold the shares and allocated the proceeds to call options and sending cheque for £4 16s. 10d., that being the balance. I placed confidence in the Equitable Exchange because of statements in their favour which I saw in a newspaper called the ''People's Financier. " On December 7 I received telegram (produced): "Equitable Exchange gross fraud. Place stop on all shares at company's offices. Will come Scarboro for £10 and secure for you your shares. Wire if agreeable. Jacques, 161, Aldborough Road, Seven Kings. " I telegraphed to him to come, and prisoner Jacques came. He said he was manager of the Equitable, that when he first went there he did not realise that they were cheats, but that he readily found out that their clients did not receive their money; he stated that a paper which was detrimental to one of the clients had been torn up, but had been preserved by one of the bookkeepers; that he had edited most of the "People's Financier, " and that there was no such person as William Perceval, although the Equitable Exchange had said he was the secretary. I then wrote letter in envelope addressed "The Equitable Exchange, 83, Bishopsgate, London, E. C. Messrs. Gordon and Cousins, alias Mills and Simmonds, alias Thomp

son Bros.," stating, "I return herewith the contracts and papers sent me by you and decline to have anything to do with your firm. This is to give you notice that unless I receive my certificates deposited with you by Saturday morning next I shall, without further notice, place the matter in the hands of the police." That letter was drafted by Jacques. I received a reply from Osborn and Osborn, solicitors denying that I had any cause of complaint, and stating that the Equitable Exchange would carry out their contracts. I had no further communications with them. I paid Jacques £2 and gave him an IOU for £8. The Equitable Exchange stated they were "general bankers"; I believed that statement.

To Mr. Marshall Hall. I was not influenced by any statement in the papers sent by the Equitable Exchange; I was influenced by the "People's Financier." I have brought a civil action against the Equitable Exchange, and an injunction has been granted restraining them from dealing with the share certificates pending this trial. One of the conditions was that "A client may abandon an option, should he deem it advisable, at any time." I understood they were laying me 4 to 1 odds against a rise. I had confidence in the Equitable Exchange until I received Jacques's telegram.

Cross-examined by Mr. Fulton. In consequence of Jacques's information I have saved part of my money. I believe his information was correct. I have been able to put a stop on£600 worth of shares by it.

(Wednesday, February 28.)

WILLIAM HENRY SKEEL, owner of Empire House, Wormwood Street, E. C., South African export merchant. In February, 1909, I let two rooms on first floor to Cousins and Gordon at a rent of £55 a year; other rooms were added until they occupied seven rooms, the tenancy terminated at Midsummer, 1911.

JOHN ADRIAN J. AMENT, manager, City and West End Properties, Limited, Bush Lane, owners of Broad Street House. I produce agreement of July 12, 1911, between my company and Ernest Martin Jacques, journalist, for one room on fifth floor of Broad Street House at a rent of £15. References were given to W. Cousins, 83, Bishopsgate, and A. Thompson, 1, Trafalgar Buildings, Northumberland Avenue. The agreement was witnessed by Richard C. Gill, 67, Mount Pleasant Lane, Clapham, clerk in the Equitable Exchange.

CECIL TOPLIS Fox, partner in Thomas Fox and Co., landlords of 83, Bishopsgate. In March, 1911, Gordon applied to me to rent premises, giving references to the National Provincial Bank and Osborn and Osborn, solicitors, which were satisfactory. On March 27 he took lease (produced) for five years from March 25 of five rooms at 83, Bishopsgate at £300 per annum; that was for the whole of the premises except the ground floor and basement. The tenants are described as "Edgar Gordon and Walter Cousins, trading as the Equitable Exchange, of 7, Wormwood Street, stock and share dealers."

WILLIAM JEX STOKES, cashier, London and South-Western Bank, Bishopsgate. I produce passbooks of account with the Equitable Exchange, opened on February 11, 1909, with a credit of £120, to December 18, 1911, on which Gordon and Cousins drew jointly. Cousins had had an account from 1907. All the cheques have been returned to the Equitable Exchange except three (produced) one of which was paid on December 18, 1911.

DAVID HENRY CAIRNS HUBBARD, clerk, National Provincial Bank of England, Finsbury Pavement. I produce, copy account of Edgar Gordon with my bank, opened on July 3, 1909, down to December 21, 1911; he referred to A. Mills and J. Bruce Simmonds. An account was also opened on August 19, 1909, with the Equitable Exchange by Gordon and Cousins; pass-books (produced) are correct to December 21, 1911. The Equitable Exchange also had another account, called No. 2 account, from May 9, 1911, operated on by Gordon and Cousins. All the cheques had been returned excepting three in No. 2 account and l5 in No. 1 account. On October 4, 1911, Cousins opened a third account in the name of "W. Cousins." Pass-book to November 4, 1911 (produced), is correct.

RICHARD PENTREATH, deputy chief cashier, London Joint Stock Bank, Lothbury. I produce copy account with my bank in the name of David Bruce Simmonds from February, 1909, to January, 1912; also copy account with Edgar Gordon from March 24, 1910, to January 18, 1912; cheques (produced) are signed by Edgar Gordon on that account.

FRANCIS THOMAS LAMBE, clerk, London City and Westminster Bank, King's Cross. I produce copy account of Alfred Mills with my bank from February 11, 1909, to December 30, 1911. I know the prisoner Gordon as Alfred Mills.

To Mr. Valetta. The account has been running 15 or 20 years.

THOMAS MACDONNELL, Superintendent, Private Drawing Office, Bank of England. I produced copy account of David Bruce Simmonds from May to December, 1911. Blank cheque produced, No13, 772, is out of cheque-book issued to Simmonds on May 10, 1911.

EMIL ADOLPH SCHEIDEGGER, manager, Polyglot Printing Company, Limited, 72, Paul Street, Finsbury. I produce bundle of circulars, large quantities of which I had printed on the instructions of the three prisoners for which four cheques produced have been paid me. I have never dealt in stocks or shares with the prisoners. I am not a "successful and gratified client of the Equitable Exchange. " My printing account extends from February, 1909, to October, 1911, and amounts in all to £957, which I have received. Printed form of "Bertram Seymour and Company" has been converted into Equitable Exchange. " Cousins was trading as Bertram Seymour and Co. in Copthall Avenue. I have known Cousins about eight years, first at 61, Berwick Street, Oxford Street, where he traded as Bruce Simmonds. I did printing for Thompson Bros. and Co., Trafalgar Buildings, for which I was paid by the Equitable Exchange. Testimonial dated June 9, 1909, was printed by me on April 7, 1909. The earliest "list-of cheques paid to clients" is dated September 16, 1909.

It gives a number of cheques paid to "H., "totalling £457 19s. 3d., and then says "Cheques have been paid to this account amounting to £227 16s. l0d. since the above sum of £457 has been paid—in all £685 16s. 1d. "; then there are similar amounts to "P. C. '' and to P. P. L. " amounting to £62 3s. 7d. and £86 6s., and staling, "You may receive cheques equivalent to these amounts and more. Commence to-day. Results must prove."

To Mr. Marshall Hall. I printed a large number of documents for the Equitable Exchange. I should not have done so had I thought there was anything wrong with them. I am not certain the document of July 9, 1909, was printed on April 7, 1909; I think it is a mistake in the quarter; the date is marked by my daughter in pencil.

To Mr. Fulton. I have not seen Jacques at my premises. I have seen him correcting the circulars at the Equitable Exchange, he having handed them to Cousins and Gordon for their approval.

Re-examined. The schedule and documents was prepared, by my firm; the documents were mixed up and we placed them as well as we could. I do not think the date of April 7, 1909, is incorrect, but my daughter may have made a mistake.

EBENEZER HARPER, 2, Copthall Buildings, member of the London Stock Exchange. Cousins has bought stock through me. I have never had speculative dealings with the Equitable Exchange. Booklet produced called "Golden Hints" has what purports to be a testimonial from "E. H. " (my initials) acknowledging cheque for £55 14s. 9d. On the third page is "A few amounts lately paid away to successful and gratified clients. Every cheque may be seen at our offices. Operators dealing with the Equitable Exchange may depend upon prompt settlement of their accounts second to none. Hundreds of pounds made and paid daily." Then there are three sets of initials including 'E. H., " cheque No. 2177—£50 11s. 11d.; No. 2205—£68 5s. 4d.; No.2217—£55 14s. 9d.; No. 2246—£37 13s. Id.;No.2220—£71 9s. 6d. " All those five cheques are the numbers and amounts of cheques paid to me in purchase of shares by Cousins; they are not speculative transactions by me with the Equitable Exchange.

THOMAS WILLIAM WHITFORD, authorised clerk to Frank Keep, member of the Stock Exchange. Cheque produced of September 27, 1911, for £75 11s. 10d. was paid to me for the differences on American shares by the Equitable Exchange, for which I ent letter produced of September 28 as a receipt; that letter was not given as a testimonial. It corresponds with testimonials under the initials "K F., "which are my employer's initials reversed. Cheque of the Equitable Exchange of November 14, 1911, for £611 5s. was paid me in purchase of £500 Great Southern Buenos Ayres stock, which were delivered to D. V. Simmonds; Mr. Keep never speculated with the Equitable Exchange.

To Mr. Marshall Hall. I have bought and sold shares for the Equitable Exchange.

JOHN HENRY SNOW, manager to Guildford and Hart, Limited, 33, Furnival Street, E. C., printers, now in liquidation. My firm have printed large quantities of circulars, etc., for the Equitable Exchange,

of which I produce schedule giving particulars, quantities, and dates from November 5, 1909, to April 8, 1911, for which we have been paid over £550.

HENRY WILLIAM HILL, member of Hill and Swinnens, 18, Sun Street, Finsbury, printers. I produce bundle of circulars printed by my firm for the Equitable Exchange with list of dates, etc. I received instructions from Cousins and Gordon. One of the documents printed by me is "Golden Hints." It contains amongst the list of amounts, paid to successful clients "H. S. Cheque No. 2131, £20; No. 2184, £25 11s. 6d. ; / No. 2227, £16 13s. " Those cheques were all paid to me for printing. I have never speculated with the Equitable Exchange.

JAMES VINCENT, traveller to J. T. Hammond and Co., Limited, 32, Fleet Lane, E. C. I produce schedule of documents printed by Hammond and Co. for the Equitable Exchange, with dates of deliveries from November 15 to December 12, 1911, amounting to £45 3s. I received instructions from Gordon.

CHARLES WILLIAM LAMBORNE, assistant to Horncastle, Limited, Cheapside, advertising agents. From February, 1909, to August, 1911, I have received orders for advertising from Cousins and Gordon amounting to £3, 316, for which I produce account.

WILLIAM EDWARD WHITE, clerk to Walter Skinner, 11, Clements Lane, advertising agent. I produce account of advertisements inserted at the order of Cousins and Gordon from December, 1910, to December, 1911, for which I have been paid by cheques amounting to£2, 900. My firm have had no Stock Exchange dealings with the Equitable Exchange."Golden Hints" shows as paid to "W. S. " cheque No. 2179, £4 12s. 8d.; No.2223,£37 13s. 6d.; No. 2257,£63 15s. Those were cheques paid to my firm for printing.

JENNIE PETERS, shorthand typist. I was employed by the Equitable Exchange from January to September, 1911, and typed letters dictated to me by Cousins and Jacques. Each letter was numbered and a letter "C" or "J" added to show who dictated it. Copy letter produced, dated March 18, 1911, to J. Moorhouse, "Please find herewith contract for 5, 000 Trunk 3rds Continental Call Option, Which we have opened to-day for you, " etc., is numbered "287 J, " and was dictated to me on July 17, 1911, by Jacques. Torn letter (produced) is the original of that letter. I also typed on July 17 letter dated July 17, 1911, to J. Moorhouse, stating that there was no free balance on hand payable to him.

To Mr. Marshall Hall. Gordon took no part in the correspondence.

To Mr. Fulton. I type a great many letters; they were chiefly dictated by Jacques, but now and again by Cousins.

RICHARD CHARLES GILL, clerk. On March 13, 1910, I answered advertisement of the Equitable Exchange, and saw Cousins at Wormwood Street, who engaged me as clerk at 20s. a week; I remained in the service until prisoners were arrested, receiving then a salary of 278. 6d. a week. Bullock was at first the manager; he was succeeded by Jacques in September, 1910. I also worked at Thompson Brothers, Trafalgar Buildings, with Jacques for about three months. Thompson Brothers were Cousins and Gordon. I made entries in the books and

saw most of the circulars. I remember MacPherson, Brady and Co. being prosecuted and convicted in July, 1910; the Equitable Exchange were about to send out circulars recommending a certain deal; the circulars were destroyed at that time. An accumulated profit deal book was then kept by me. It was taken away and returned for the Christmas deal with about 20 pages torn out. Entries continued to be made in it from time to time. I last saw it a few days before the arrest. I remember Duncan, Forbes and Co. being arrested; the accumulated profit deals were then again stopped. Jacques told me that the police had got a list of 20 outside brokers doing a similar business; they had got Duncan, Forbes and Co. ; he wondered if they would come to the Equitable Exchange next. So far as I know only one person who took accumulated deals got more than he paid in; that was Rev. H. Carrington, £16. On the instructions of Cousins I made entries of accounts in the ledger showing that F. Martin, E. Smelter, F. Hawkins and A. Alfret had each made £80 in a triple deal. No such money was paid; there are no addresses of those persons, and there is no correspondence with them. Each are shown by the cashbook to have paid in £10. On January 18, 1910, there are accounts in the names of Edwards, Burgess, Mason and Collins, which are credited with a profit of £40 each; cheques were drawn for those amounts according to the books. There are no addresses and no indication of the nature of the deal. (A number of entries were explained by the witness.) On July 17 Moorhouse had £20 standing to his credit, which he wrote asking for. An entry was then made, dated March 18, 5,000 Trunk 3rds Continental Call Option, " and under date April 18 an entry was made closing the account at a loss. Those are in Jacques's handwriting; they were made on July 17. A letter was then dictated to Miss Peters, the carbon copy of which was put on the file; the original was torn up by Cousins in my presence and thrown on the floor. I picked the pieces up and stuck them together and handed them to the police when they took my statement (produced). Upon it is a pencil memo by Cousins, showing how the £20 was to be written off. (The witness explained the transactions with Harper and Keed and the payments by cheque to them, the acknowledgments of the cheques being marked in pencil by Cousins "Testimonial.") There is a testimonial in the name of A. Thompson, in Gordon's writing; he also went under the name of Mills and signed the reference for E. Gordon, of 84, Cavendish Road, Clapham Park, to the National Provincial Bank. Cousins went under the name of David Bruce Simmonds; there is an account in that name in the ledger. I have examined bundle of proofs for circulars, etc., found at the Equitable Exchange; a large number of them have Jacques's handwriting on them.

Detective-inspector HUGH MCLEAN, City. On December 15, 1911, I received a warrant for the arrest of prisoners, on the charge of conspiracy and obtaining money by false pretences. At 2. 30 p.m. I saw Gordon and Cousins together in Bishopsgate. I told them I was a police officer and held a warrant for their arrest. I took them to Bishopsgate Police Station, where I read the warrant. Cousins made

no reply. Gordon said, "You might give me the particulars and the dates, and the name of the person and the amount he sent." At about 4. 30 p.m., I saw Jacques at the Detective Office, 26, Old Jewry, and read the warrant to him. He said, "I am surprised. I had nothing to do with the business, except as an employe. I was the manager. " I took him to Bishopsgate Police Station, where he, with Gordon and Cousins, were formally charged; they made no reply. On Cousins were found two certificates of shares in the British Oil and Cake Mills, and Peterson, Laing and Co., in the name of John Pemberton Lloyd; also a blank cheque (produced). On Jacques was found copy of draft letter to Moorhouse, and a telegram, and I. O. U. for £8 from J. P. Lloyd; also a draft letter from J. P. Lloyd to the Equitable Exchange; also a long statement in the handwriting of Jacques explaining his connection with the Equtable Exchange. I examined the offices at 83, Bishopsgate—the first floor is fitted up as a bank, with two pairs of bankers' scales on the counter. On the fourth floor I found a cabinet of card boxes containing the names and addresses of about 40, 000 people. On the fifth floor were 20, 000 addressed envelopes and 500 stamped envelopes ready for posting.

To Mr. Fulton. Jacques called at the Old Jewry on December 5 and gave information to the effect that the business of the Equitable Exchange was not honest, and that he was a servant in the employ of the firm. He went to see J. P. Lloyd at Scarborough, with the knowledge of the police. On December-7, Cousins applied at the Mansion House for a warrant. against Jacques, for threats. Jacques was arrested on December 9, was before the Alderman on December 10, and was bound over in his own recognisances to keep the peace. The arrest of the prisoners was contemplated long before Jacques made his communication; they might have been arrested at any moment had we got sufficient evidence.

Detective-sergeant FREDERICK POTTS, City, detailed the documents token from the Equitable Exchange offices.

(Thursday, February 29.)

RICHARD CHARLES GILL, recalled. (To Mr. Marshall Hall.) A large number of books were kept; entries were made, showing cash received, instructions of customers purporting to be followed and occasionally a profit. If the entries were honest they show the whole of the transactions. I made up my mind the business was not genuine about six or 12 months after I had been there. I had conversation with Jacques about the business. He did not tell me exactly that he was going to get Gordon and Cousins out of the firm and run the business himself; he said the clerks had better stick to him and he would see them through. He has told me on many occasions he has done dirty work for Cousins and Gordon. With regard to the letter written on July 17 to Moorhouse, he remarked to me what a fraud it was. I was friendly with Jacques in July, 1911. I had to earn my living, and if I was not satisfied with my job there were plenty who

would have taken it. I did not then fully understand the position (Witness was examined in detail on a number of purchases and sales of shares.) Whether the entries were fraudulent or not all the transtions were recorded in the books.

To Mr. Fulton. When I entered the service in March, 1910, Bullock was chief clerk or manager; he left in September, and was replaced by Jacques. The circulars were destroyed on the Macpherson-Brady prosecution before Jacques came. All letters were opened by Cousins or Gordon and were answered and dealt with by Jacques and others on their written or verbal instructions; the pass-books were kept locked up. Gordon generally paid the salaries. An office was taken by Jacques for the purpose of the "People's Financier" ; it was merely used as an advertisement; I did not know much about how it was conducted. In November, 1911, Jacques was on bad terms with Cousins and Gordon; he has told me he wished to get other employment; that he could not stand it any longer.

WILLIAM CASH, of Cash, Stone and Co., chartered accountants, Fellow of the Institute of Chartered Accountants. I have had a large experience in inside and outside stockbrokers' Accounts, and have given evidence in this court with regard to several. I saw all the books taken by the police, and have prepared a cash account of the dealings of the Equitable Exchange. The account was opened in February, 1909, at the London and South-Western Bank with £120, half from Gordon and half from Cousins. In August, 1909, an account was opened at the National Provincial with a transfer of £200 from the London and South-Western account; there was also an account (No. 2) opened at a later date. From February, 1909, to December, 1911, the total credits in those accounts were £54, 593—that is the gross turnover—of which £46, 995 came from members of the public investing moneys in the Equitable Exchange; the total received from stockbrokers was £1, 769; paid to stockbrokers £3, 644. According to the books the losses to brokers were £1, 175—that requires to be revised in view of the evidence given that stocks were taken up. The sums paid to clients were £10, 742; trade expenses and drawings of partners were £34, 086. There are a number of accounts which appear in the ledger as expense accounts, some of which, in my opinion, are undoubtedly drawings. The total of drawings as shown by the books is £6, 644. have accounts in the ledger which show for postage and contract stamps, £5, 800 and £6, 000; I have also upwards of £12, 000 for postage—together an enormous sum. Part of that is, in my opinion, drawings. I have examined the accounts which appear to show profits to clients, and prepared a summary. The names of Gill, Edwards, Burgess, Mason, Collins, South, Curtis, Percival, Jackson, Martin, Hawkins, and others, 16 in all, had sums appearing to be paid as profits, amounting to £2, 045. Taking Burgess, South and Curtis, on the same day there are sums of £100, £50, and £50 paid to the Equitable Exchange; that £200 I find is transferred to the account of D. B. Simmonds, at the Joint Stock Bank; then £300 is paid out ostensibly to the client the next day, March 24; that is paid into D. B.

Simmond's account. (Witness explained a number of entries of a similar character.) I have formed the opinion that none of those are genuine transactions. The various private accounts of Gordon and Cousins are all fed from the Equitable Exchange account; about £15,000 are paid into those accounts. In the list of cheques paid to clients there are 78 cheques amounting to £2,375; of those 42 were sent to clients, and 36 are not clients' cheques. The total returned to clients is £666 on those 42 cheques, which, together with £1,709, make a total of £2,375. There were only seven. clients who got more returned to them than they paid in, the total of which amount to £35 17s. 6d.—the largest amount of profit received by any client being £12 2s. 6d. The statement that £150,000 had been paid in profits in 1910, and that on April 18, 1911, £270,000 were paid to clients in one third of the year are obviously wholly untrue; the total turnover negatives any such figures.

To Mr. Marshall Hall. I find that £5,700 was spent on advertising; stationery and printing, £3,100; postages, £11,935; salaries, £2,133; rent,£616;establishmentcharges,£450;partners' drawings, £1,800; sundry expenses, £6,121; that is included in postages; £4,839, doubtful. This shows that the drawings in the three years of the two principals amount to £6,600. The total trade expenses, £34,086, could only have come from clients' moneys.

Mr. Marshall Hall submitted that there was no evidence of conspiracy between Cousins and Gordon: Gordon had nothing to do with the circulars; there was no evidence that he was a party to the advertisements—although there might be evidence of conspiracy between Cousins and Jacques. Further, there was no evidence that any money was obtained by the representations, or that the prosecutors would not have parted with their money but for the representations.

Judge Lumley Smith said that the case must go to the jury on all the counts.

Verdict, Cousins and Gordon, Guilty of conspiracy, and on all counts Guilty of obtaining by false pretences; Jacques, Not guilty.

(Friday, March 1.)

Sentences: Gordon, Two years' hard labour on each count, to run concurrently; Cousins, Twenty-two months' hard labour (he having been already two months in prison); the taxed costs of the prosecution to be paid jointly and severally by the two convicted prisoners.

BEFORE THE RECORDER.

(Wednesday, February 28.)

LAWRENCE, William (32, labourer) , unlawfully uttering a counterfeit shilling to Nellie Johns on December 27 last; unlawfully uttering a counterfeit shilling to Herbert Daniel Baldock on January 28 last, in each case knowing they were counterfeit.

Mr. Beaumont Morice prosecuted.

NELLIE JOHNS. I assist my father in a tobacconist's shop in Euston Road. At 3 p.m. on December 27 prisoner came in and asked for a packet of "Woodbines." I gave it to him, and he tendered this shilling (produced), which I tested and found to be bad. I called to my mother and told her it wa3 bad. Mother took the cigarettes from him and he hurried out. I chased him up Euston Road; when he saw me following him he started running. He went into a lodging-house, another witness following him. He went downstairs They would not let me follow; I had not lost sight of him up to then. When I saw him next he was in the custody of a policeman; I recognised him as the same man who had tendered me the shilling. He was taken to the station.

Cross-examined by prisoner. I have never said that I saw you stopped. About two minutes before you came in another man had tendered me a bad shilling, which I broke and gave back to him; he told me to keep the tobacco he had bought and he would come back again.

ALBERT MELON, Archer Street, Camden Town. On the afternoon of December 27 I saw prosecutrix chasing prisoner; I chased him from Grafton Mews to 3, Whitfield Place, a lodging-house, where he entered. I stood outside and gave information to a policeman. He went to fetch another policeman, and on his return I entered the lodginghouse with him, where I saw prisoner sitting on a w. c.

To prisoner. I was chasing you for about two minutes, and I was about six yards behind you. I have known you for several years as selling papers in Tottenham Court Road and I have often spoken to you. Three years ago there was not a grievance between us about a bet and I did not say I would get my own back.

Police-constable WALTER SCOTCHBROOK, 240 D. At about 3. 15 p.m. on December 27 I was on duty in Tottenham Court Road when from information I received I went with Melon into a lodging-house, where he pointed out to me prisoner, who was sitting on a w-c, feigning drunkenness, I told him that Melon had followed him into the lodginghouse, and that he had tendered a bad shilling. I took him upstairs, where the prosecutrix identified him. On the way to the station he said, "These policemen have made a mistake. I know nothing about a bad shilling."

To prisoner. I did not say at the police court that Melon came and gave me the information. You went quietly to the station. (To the Court.) He was committed for trial, but the Grand Jury here ignored the bill.

HERBERT DANIEL BALDOCK, booking clerk, Warren Street Tube /Station. At 11. 30 p.m. on January 28 prisoner asked for a ticket to Tottenham Court Road, one penny, and tendered this shilling (produced). I found it was bad and gave it back to him, telling him it was bad. He paid me a penny and I gave him the ticket. I could not leave the office then. About ten minutes later a policeman came and showed me the shilling, which I recognised. In consequence of

what he told me I went later to the police station, where I recognized prisoner.

Police-constable CHARLES GRIBBLE, 155, D Division. At 11: 90 p.m. on January 28 I stopped prisoner in Whitfield Place and told him I should arrest him for attempting to utter a counterfeit shilling at the Warren Street Tube Station. He said, "I knew it was bad, but it is the only one I have got, and you cannot do anything with me unless I have some more." I found upon him two sixpences, 1s. 11/2d. bronze and this counterfeit shilling (produced). When charged by last prosecutor he said laughingly, "Did you say knowingly? If I had known it was bad, I should have broken it up."

To prisoner. You were quite sober. Whitfield Place is not a blank turning.

SIDNEY WILLIAM SMITH, Assistant Assayer, H. M. Mint. These two shillings are counterfeit; they are not very good imitations.

Prisoner's statement before the Magistrate in regard to the second case of uttering: "I am perfectly innocent of uttering this coin knowingly. I admit tendering the coin, but not knowingly."

WILLIAM LAWRENCE (prisoner, not on oath). In the first place it is a case of mistaken identity. The bill was ignored and I was discharged. If I had been tried I had an important witness to call to prove I was in his company at the time this affair occurred. Since my acquittal he has gone to Wales and I do not know his address. I have been on remand five weeks and the police never told me anything about this charge until Monday afternoon and I had no chance of calling this witness and preparing my defence. As regards the second case, I was drinking all the night, and when I was told by the booking clerk that the shilling was bad I was on my way to the public-house where I thought I had got it from and where I had been drinking when I was arrested. I said I knew it was bad because the clerk had already told me; I did not know when tendering it that it was bad.

Verdict, Guilty.

Twelve convictions, dating from 1892 (none for coinage offences), were proved. Prisoner was released from his last sentence on July 21 last year. He was stated to be an associate of thieves.

Sentence: Nine months' hard labour on each count, to run consecutively.

LOCK, John (41, labourer) ; unlawfully uttering counterfeit coin.

Mr. Beaumont Morice prosecuted.

FLORENCE MASON, tobacconist, 54, St. Leonard Street, Bromley-leBow. At 8. 15 a.m. on February 16 prisoner came in and asked for a packet of "Woodbines," tendering this half-crown (produced). I told him it was bad and called my father down. He took a serious oath that he got it from his employment. I returned it to him and he left. I followed him. He went into Messrs. Fletcher's, Warner's, and Eagland's shops. I spoke to all those three people. He was given into custody at Eagland's shop.

ELIZABETH FLETCHER, tobacconist, 91, St. Leonard Street. At about 8. 25 a.m. on February 16, prisoner came in and asked for a

packet of "Woodbines." My daughter served him. Prisoner tended a half-crown, which she brought into me for change. I saw that it was bad and I said to prisoner, "This half-crown is bad. " He said "Is it? I got it from my work, last night." I gave it to him back. He then went out. I saw him go into Warner's shop. Mason made a communication to me. I saw prisoner leave Warner's shop and go into Eagland's shop.

GEORGE WARNER, tobacconist, 28, St. Leonard Street. At about 8. 25. a.m. on February 16 prisoner came in and asked for a packet of "Woodbines. " My boy was serving. The prisoner put either a florin or a half-crown on the counter. I called to the boy that I had not got change and was coming into the shop from the parlour when prisoner picked up the coin and left the shop hurriedly. Mrs. Mason came in, and in consequence of what she told me I followed prisoner into Eagland's shop. Eagland then had this half-crown (produced) in his hand. I said to him, in prisoner's presence, "Keep the halfcrown; its a 'dud.'" Prisoner turned as if to leave the shop, and I said, "No, you have got to stop. " He said, "Don't do anything, old man. I have not been long out." I sent for a constable and he was given into custody.

FREDERICK EAGLAND, tobacconist, 51, St. Leonard Street. At 8. 20 a.m. on February 16 prisoner came in and asked for a packet of "Woodbines, " tending this half-crown (produced). Testing it on a piece of slate, I found that it was a bad one. I asked my wife to give me a half-crown to weigh it with, and prisoner said, "Forgive me. " I went round to him. Warner then came in and he was given in charge. I handed the half-crown to the constable.

Police-constable FREDERICK EMBURY, 772, K Division. At 9 a.m. on February 16, I was called to Eagland's shop, where I saw prisoner detained. Eagland handed me this half-crown, saying that prisoner had tendered it to him. Prisoner said nothing. He was charged. I found nothing on him.

SIDNEY-WILLIAM SMITH, Assistant Assayer, H. M. Mint. This halfcrown is counterfeit.

JOHN LOCK (prisoner, not on oath). This half-crown was given me on the night of February 15 by a sailor for a job I had done, tried to change it in the morning. I would not believe it was bad, and that is why I kept on going to the other shops.

Verdict, Guilty.

Twelve convictions, dating from 1891, were proved. None were for coinage offences; they were mostly for stealing. They included a sentence of three years' penal servitude, in January, 1908, for housebreaking, and the last conviction was on November 25, 1910, when prisoner was sentenced to 10 months' hard labour for larceny; he was liberated on the 27th of last month. It had been ascertained that it was true, as he had stated, he had endeavoured to obtain employment at Messrs. Spratt's, but without success.

Sentence: Eighteen months' hard labour on the first count, nine months' hard labour on the second count, to run concurrently.

TITCHENER, Robert (29, dealer) , robbery with violence upon Elizabeth Randell and stealing from her one bag and other articles, her goods.

Prisoner pleaded guilty of robbery without violence, and the plea was accepted by the prosecution. The prosecutrix was stated to be still under medical treatment for shock.

He confessed to a previous conviction of felony on January 22, 1902, at the Westminster Police Court. A previous minor conviction was proved. It was stated that there had been several cases of a similar nature in the street where prisoner had committed this offence, and that since prisoner's arrest these had ceased.

Sentence: Eighteen months' hard labour.

SHIEL, William (34, carter), pleaded guilty of stealing 74 yards' length of crape, the goods of Stockwell and Co., Limited.

Prisoner confessed to a previous conviction of felony at the North London Sessions on November 19, 1907, when he was sentenced to three years' penal servitude. Nine previous convictions since 1895, for two of which he had been sentenced to penal servitude, were proved.

Sentence: Eighteen months' hard labour.

GULLIS, Thomas (17, chairmaker), pleaded guilty of forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for £2 4s. 6d., with intent to defraud.

Prisoner bore a good character previous to this offence.

Sentence: Two days' imprisonment, entitling prisoner to be immediately discharged.

EDWARDS, Arthur (23, stoker), and EMBERSON, William (21, labourer), pleaded guilty of breaking and entering the warehouse of Harold William Hovan and another and stealing therein four clocks and other articles, their goods; breaking and entering the warehouse of Julius Pumphery and another, with intent to steal therein; breaking and entering the warehouse of Walter Gidley Wheeler and another and stealing therein a number of postage stamps and 34 cheque forms, their property.

Edwards confessed to a previous conviction of felony on July 20, 1909, at the London Sessions, in the name of " Edward Arthur Matthews." Emberson confessed to a previous conviction of felony at this court on November 15, 1910, in the name of " Henry Smith. " Convictions for warehouse breaking on 1908 and 1911 were proved against Edwards; his father had stated that he always had a home for him. Four convictions, for which he had received light sentences, were proved against Emberson; from his last employer it was stated that he had stolen jewellery and money.

Sentences : Edwards, Fifteen months' hard labour ; Emberson, Eighteen months' hard labour; the Recorder remarking that both prisoners were evidently habitual criminals, and the next time they came to this court would certainly be sent to penal servitude.

PAINE, Harry (38, labourer), pleaded guilty of breaking and entering the shop of Edgar Coombes, and stealing therein two rings and other articles, his goods.

Prisoner confessed to a previous conviction of felony at the Loudon Sessions on April 19, 1910. He had given himself up to the police in order, he said, to frustrate his wife, who had expressed her intention of informing against him. Three previous convictions, dating from 1906, and including one for which he was sentenced to two years' hard labour at this court for shopbreaking in 1908, were proved. It was stated that it was, when possible, prisoner's practice to enter jeweller's shops by means of scaffolding erected next door.

Sentence: Three years' penal servitude.

BEFORE JUDGE RENTOUL.

(Wednesday, February 28.)

BAKER, Henry (33, traveller) , embezzling the several sums of £1 6s. 9d., £17s. 8d., and £1 10s. received by him for and on account of Ernest James Larby, his master.

No evidence being offered on the part of the prosecution, the jury returned a verdict of Not guilty.

BUSHNELL, Robert George (27, newsvendor) , stealing a purse and a book, the goods of Ethel May Carter, from her person.

ETHEL MAY CARTER. On February 19, about 7 p.m., I was at the foot of Blackfriars Bridge, waiting for a tramcar. Prisoner came behind me and snatched my purse and a book, value altogether 35s. I called out, and a constable gave chase and caught prisoner.

Police-constable ERNEST JOHNSON, 95 B, said that he heard the last witness shout, and looking round saw prisoner running. Witness gave chase; prisoner dodged about the traffic on the bridge, and but for the quickness of a taxi-cab driver both witness and prisoner might have been run over. The purse and book were found just where witness arrested prisoner.

ROBERT GEORGE BUSHNELL (prisoner, not on oath), said that he did not steal the purse; a chap at a lodging-house had given it to him.

Verdict, Guilty.

Twenty-three previous convictions were proved. Prisoner had said to a police officer that he wished he might get penal servitude, when he would have a chance to learn a trade and make a man of himself.

Sentence: Six months' hard labour, Judge Rentoul saying that he would cause inquiries to be made in order to see whether prisoner could /be put in the way of earning an honest living.

COLES, Arthur (40, engineer), and WHITTOCK, William (40, painter) , both conspiring and agreeing together to steal the moneys of the Brentford Gas Company; both unlawfully soliciting and inciting George Harry Stevens and Henry Goreham to steal the moneys of the said company, their masters; both unlawfully soliciting and inciting George Harry Stevens to steal the moneys of the said company.

Mr. Brackenbury prosecuted; Mr. St. John Morrow defended Coles.

GEORGE HARRY STEVENS, gasfitter, employed by the Brentford Gas Company. At the end of September I saw the two prisoners in the "Swan, " Hammersmith Broadway. I had on my company's uniform. Coles said to me, "I see you belong to the old B. G. C. " He asked me what district I was working, and I told him Shepherd's Bush. He said, "I should like to get a coat like yours." In further conversation he said that he had been "doing meters, " and he asked whether I could get him a key for strong-box meters. Whittock heard all this conversation. On October 12 I saw prisoners again, and we arranged to meet at 22, Ormiston Road, the next morning. On Saturday, January 13, I was working with Goreham at 41, Ormiston Road, About 1. 15 "Whittock called there and fetched me out; then he and Coles and I and Goreham went to the "Adelaide." Coles asked me what sort of a meter it was at No. 41. I said it was a hilling-in-the slot meter, that we had not finished yet, and had left our tools in the cellar. Coles said, "Then it will be easy for me; I can go for a gimlet or something." Prisoners went out. Later they returned, and Coles said that they had done 6, 8, 10, and 45, Ormiston Road. They left, and said that if we waited we should have our share leaning that they would go to No. 41).

Cross-examined by Mr. Brackenbury. The two prisoners attempted to corrupt me from the first moment I saw them. I did not at once tell my employers because I had got no proof against them; I thought I would give them a little rope. Eight or ten months ago I heard that a meter had been broken open at 8, 10, and 12, Ormiston Road. I did not mention to my employers anything about the prisoners until a fortnight before they were arrested. It is not true that I sent Coles to No. 41 to fetch my tools.

HENRY GOREHAM , assistant gas-fitter, Brentford Gas Company. In December I was working as mate with Stevens. Some time before Christmas he spoke to me about the two prisoners, and I subsequently communicated with the police. On January 13 I was working at 41, Ormiston Road, when Whittock called and asked to see Stevens. Whittock, Coles, Stevens and I went into the "Adelaide." There Stevens was handing me some forms of the Brentford Gas Company, giving directions for the day's work; Whittock asked me if I could get him some of those forms; I said I could not. Coles said that if I could get him a topcoat like I was wearing (with "B. G. C." on it) he would give me a sovereign. Coles asked Stevens about the meter at No. 41, and Stevens said it was a shilling-in-the-slot meter. Coles said, "Let's go and do it." Stevens and I left the public-house to take our barrow away, and I spoke to Sergeant Allerton. Returning to the "Adelaide" there was no one there. Presently the two prisoners came in; I asked Coles where they had been, and he said they had already done three meters during my absence, at 8, 12, and 45, Ormiston Road,

but had only got 1s. 8d. He then suggested to do No. 41, and he left, saying that if we stopped till he came back he would share out.

MORRIS JOHN HARRIS , 41, Ormiston Road, Hammersmith. In our cellar we have a shilling-in-the-slot meter. On January 13, about 3 p.m., Coles called and said, "I have called for some tools left here." I said, "Where are you from?" He said, "The Gas Company." He turned round and said to Whittock, who was standing in the street, "What is it—two tees and an elbow?" I said, "You had better come down and get them." Whittock followed me downstairs to the cellar door; I opened it and he went in; as he was walking down the steps I shut the door and locked it. Coles, who had been standing at the street door, was arrested by Sergeant Allerton, and I went to fetch another officer.

Sergeant ALLERTON, T Division. On January 5 certain information was given to me by Goreham. On the 13th I went to 41, Ormiston Road. From the ground floor front room I saw the two prisoners come to the house. After Whittock had followed Harris down to the cellar I went to the street door where Coles was waiting. I said to him, "You do not belong to the Gas Company; I shall arrest you for being a suspected person." He said, "Two men sent me for the tools; if you come up the street I will show you the men." Detective Ward came in and arrested Whittock. As I was taking Coles to the station we passed the "Adelaide"; I asked the potman if the Gas Company's men were there; he pointed to Stevens and Goreham going down the street; I whistled for them and they came up. On Coles being searched we found on him three latch keys and a two-shilling piece. Subsequently I returned to 41, Ormiston Road. In the cellar I saw picked up a small key which I found fitted the meter and other meters as well. The two prisoners were formally charged on the 22nd; Coles said, "I know nothing about it; I have never seen the Gas Company's men"; Whittock said, "Neither have I."

To Mr. Brackenbury. Coles said that the Gas Company's men had told him they would wait for him in the "Adelaide." It is the fact that there were tools left at No. 41 in the cellar. Directly I spoke to Coles he said without hesitation that two Gas Company's men had sent him for the tools. The keys found on Coles were ordinary keys.

Police-constable FRANK HOOD. On January 13 I went to 41, Ormiston Road. On unlocking the door leading to the cellar I saw Whittock. I told him I should arrest him as a suspected person. He replied, "I was sent for a tee-piece and two elbows by two gas men who are in the 'Adelaide.'" Upon Whittock when searched were found two orders to view empty houses, one in Ealing and one in Brentford, in the name of Mason.

EDGAR DOZELL , inspector of meters, Brentford Gas Company. On January 15 I examined a meter at 45, Ormiston Road; the lock was undone and according to the record 1s. was missing.

To Mr. Brackenbury. The house had been vacant since August, 1911.

(Defence.)

ARTHUR COLES and WILLIAM WHITTOCK (prisoners, on oath), declared that Stevens was the real villain; that he had constantly boasted about stealing ten shillings a day from meters; that, finding that he was suspected by his employers, he sought to shift the blame to somebody else; that he set a trap for the two prisoners by sending them to the house to fetch tools, when they were arrested by the detective who had been warned to be there. The whole story told by Stevens and supported by Goreham was absolutely false.

(Thursday, February 29.)

Verdict, Guilty.

Sentence (each prisoner): Eighteen months' hard labour.

BEFORE MR. JUSTICE BUCKNILL.

(Thursday, February 29.)

LEARY, Arthur (23, labourer) pleaded guilty of feloniously sending, knowing the contents thereof, a letter demanding with menaces from the National Cash Register Company, Limited, £5.

The letter upon which the charge was founded contained the following passages: "A few months ago you prosecuted a man at the Old Bailey for smashing a window, and you asked for a heavy sentence as the insurance people refuse to insure your windows. This is to inform you that unless £5 is paid to us all your windows will be broke, and as fast as they are replaced they will be broke again, until £20 is paid to meet expenses; so that is likely to cause hundreds of pounds. It will be no good having the place watched, as we shall bide our time and the job will not be done on foot. There are plenty of firms who have paid the money, and we therefore respect their property Once the money is paid your shop will be safe from us. This is final."

Prisoner confessed to a conviction of felony at Old Street Police Court on March 4, 1911, and five other convictions were proved. There was no evidence to show whether or not he was acting, as the letter suggested, as one of a gang.

Sentence: Twelve months' hard labour.

BEFORE THE RECORDER.

(Thursday, February 29.)

BACHER, Percy (18, cabinet-maker), pleaded guilty of having received certain property, to wit, the sum of £3 10s. for and on account of Peter Bacher, unlawfully fraudulently converting £2 to his own use and benefit.

In July last prisoner was charged with stealing, and had been remanded till August, when he committed this offence. It was stated that his father, the prosecutor, had given him every chance.

Sentence: Three years' detention in a Borstal institution.

MCPHERSON, John (21, footman), pleaded guilty of forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a bankers' cheque of £4, with intent to defraud.

Prisoner had stolen the cheque from his employer and signed it, without endeavouring to disguise his handwriting. With the money obtained from a local tradesman to whom he had passed the cheque he was making his way out of the country, when he passed another cheque for £6, obtained and forged in a similar manner, to a stranger named White (see p. 620) for a gambling debt incurred in the train. Prisoner's downfall was stated to be due to drinking and gambling.

Sentence: Six months' hard labour.

ILLESLEY, Amy Grace (30), pleaded guilty of feloniously marrying Herman Sommerfeld, her former husband being then alive.

Prisoner married in Swindon in 1907, and lived with her husband two years. She then came to London and obtained a situation as a servant. In December, 1911, she contracted the bigamous marriage. It was urged on her behalf that the first husband, in consequence of the business which they had started not being successful, had made certain suggestions to her, whereupon she left him.

Sentence: Three days' imprisonment.

NEVILLE, Beatrice, pleaded guilty of feloniouslv marrying John Hammond, her former husband being then alive.

Prisoner had married her husband, a soldier, in 1905, and contracted the bigamous marriage in 1908. It was stated that her first husband had deserted her, and had been in consequence imprisoned for not maintaining her. Shortly afterwards he absconded. Prisoner had an excellent character.

Sentence: Three days' imprisonment.

HOLMES, Annie (34, charwoman) , unlawfully uttering counterfeit coin.

Mr. Beaumont Morice prosecuted; Mr. A. L. Ganz defended.

Prisoner was tried last Sessions, when the jury disagreed. (See p. 543.) The evidence given at the former trial was now repeated, and the following additional witness (whose evidence had been on the previous occasion successfully objected to) was called.

AMY PALMER , wife of James Palmer, 61, Manor Road, Clapham. On December 29 prisoner and her husband took a furnished room at 5s. 6d. a week; they came in on the Friday night and on the Saturday he paid a week in advance. They stayed the following week, and on January 5 another week's rent was due. (Mr. Ganz here objected to evidence being given of certain statements prisoner had made to witness on this day on the ground that the only question being one of identity evidence could not be given tending to show a guilty knowledge.) When the

second week's rent became due I asked her for money to put in the gasmeter. She said, "I cannot give it you as my missus has given me a bad sovereign," and she had given her husband half-a-crown to go on with, and she had no coppers. I put the 2d. in, so she owed me that On the 12th she said she had been to her mistress, who had changed the sovereign for a good one, but she had left it with a friend of her's to mind to buy a costume with because she knew her husband would spend it. She said, "I don't owe you anything, do I?" I said I always had my rent in advance, and she said her husband would pay me.

Cross-examined. They paid the second week's rent on January 6, but not the third. I have never asked her for money to buy beer with. I drink rum.

Verdict, Not guilty.

BEFORE JUDGE RENTOUL.

(Thursday, February 29.)

MORRIS, John (47, fitter), and WILSON, George (38, cook), pleaded guilty of forging and uttering, knowing the same to be forged, an order for the delivery of a cheque-book and demanding and obtaining a banker's cheque upon and by virtue of a certain forged instrument, in each case with intent to defraud; forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for £40 and demanding and obtaining the said sum upon and by virtue of a certain forged instrument, in each case with intent to defraud; forging and uttering, knowing the same to be forged, a banker's cheque for £57 10s. and demanding and obtaining the said sum upon and by virtue of a certain forged instrument, in each case with intent to defraud; Morris assaulting John McEvoy, a police officer in the execution of his duty.

Numerous previous convictions were proved.

Sentence: Eighteen months' hard labour.

GOLDSTEIN, Jacob (50, licensed victualler), pleaded guilty of having been entrusted with certain property, to wit, £2, the moneys of Abraham Miller, in order that he might, on demand, pay over the same to the above-named person, unlawfully fraudulentlv converting the same to his own use and benefit.

Prisoner was released on his own and another's recognizances in £20 and £50 respectively to come up for judgment if called upon.

WHEATLEY, Ernest (42, watcher) , attempting to procure the commission by George Hawker, a male person, of an act of gross indency with himself, the said E. Wheatley; procuring the commission by William Lambert of an act of gross indecency with himself, the said E. Wheatley.

Mr. Lawless prosecuted; Mr. W. Van Breda defended.

Verdict, Not guilty.

HAND, Stephen (32), pleaded guilty of forging and uttering, knowing the same to be forged, two several orders for the delivery of goods, the property of Spiers and Pond, Limited, with intent to defraud.

Evidence was given that prisoner was a man of means, but weakminded and not fully responsible. He was released on his own recognizances in £50 to come up for judgment if called upon.

BEFORE THE RECORDEE.

(Friday March 1.)

KALLAWAY, Bernard Arthur (45, painter) , having received certain property, to wit, the amounts of 1s., 2s., 1s., 1s., and other sums for and on account of the Provident Clothing and Supply, Limited, unlawfully fraudulently converting the same to his own use and benefit.

Mr. Muir and Mr. Roland Oliver prosecuted.

JOHN WILLIAM MORETON , secretary, Provident Clothing and Supply Company, Limited. Our registered office is at Bradford, and we have branches all over England. Prisoner was a collector at Hammersmith. The company supply persons with orders for 10s. (or any multiple of 10s.) worth of goods on local tradesmen, to whom we guarantee payment, our customers paying 6d. a week for every 10s. ticket. The collectors of each district are appointed by the company under written agreements. This is prisoner's contract, dated June 16, 1910 (Exhibit 8 read), and it has a certificate attached by which he acknowledges receipt of the printed copy of the duties to be performed as a servant. Every week he had to go his round, collecting small sums, not less than 6d., from 278 customers; when they had paid 10s. they received an order, which was sent from the Bradford office as soon as we advised them there the first amount had been paid; according to the local manager's discretion customers could have credit to the amount of £3; they have to make eight payments of 6d. each to obtain the first 10s. order. The collector is furnished with a collecting-book, which he has to return to the district office every Wednesday when he hands in the money shown thereon; he makes out a statement of all moneys collected and hands that in as well. The customer is handed a receipt card similar to Exhibit 1, on which the collector receipts the money that is paid by initialling the amount paid; if no money is received on any particular week the collector puts a cross. It is his duty to make in his collection-book an entry corresponding with the entry he has made on the customer's receipt card, putting a cross where the customer has not paid that week. On Henry Messenger's receipt card (Exhibit 1) I find he appears to have paid a shilling on January 6, the payment having been initialled by prisoner. William G. Taylor's receipt card (Exhibit 3) purports to show in the same way a receipt for a shilling on January 6. Joseph E. King's receipt card (Exhibit 4) purports to show two payments of 1s. and 2s. on December

23. John Hanson's receipt card (Exhibit 5) purports to show on December 30 two payments of 1s. 6d. and 6d. F. Horton's receipt card (Exhibit 6) shows a shilling paid on January 6 F. Brown's receipt card (Exhibit 7) shows 1s. 6d. paid on December 30. In each case in his collection book (Exhibit 2) opposite to the name prisoner put a cross, indicating to the company that nothing had been paid on the dates mentioned. He accounted every Wednesday for moneys he had received according to his collection book and gave in a weekly balance-sheet and such moneys, for which he would receive a receipt on a form, the counterfoil of which, similar to this (produced), being retained by us. He was paid exclusively by commission. I have all prisoner's weekly sheets except those for December 23 and January 6. (The Recorder decided that these be obtained.) The page of the collecting book in which the amount received is entered is referred to in the sheets, which are signed by him. The sheets are checked with the collecting books, but any omissions in the collecting books cannot be found except by reference to the receipt cards, which are examined once a month. I have compared the receipt cards on his round with his collecting book. (The Recorder stated that he would not allow other instances of discrepancies outside the six cases alleged to be gone into unless prisoner himself chose to refer to them.) Prisoner's average earnings were 30s. 9d. a week. (To the Court.) I can identify his signature and his initial.

Cross-examined by prisoner. You were a spare-time agent before you signed the full-time agreement on June 16; you took over your wife's collecting book, which was increasing when in her hands, not going down. You did not turn up at the office on January 17 as usual; I do not know anything about the message you sent. According to your sheet for January 13 you collected that week £21 19s. 3d.; I do not know that you actually collected only £18 10s. 6d. I have not your sheet for January 6. (Prisoner put in a duplicate receipt, Exhibit 9, showing that prisoner had paid in on that date £17 19s. 2d., commission not having been deducted.) It does not include any of the items mentioned in the indictment. I do not know that you only collected £16 5s.

FREDERICK CHARLES FELTON , assistant district manager, Provident Clothing and Supply Company, Limited, 392a, High Road, Chiswick. Prisoner rendered his weekly accounts to me every Wednesday at 9 a.m., bringing his weekly balance-sheet and collecting book. His sheet dated December 30 (Exhibit 10) shows that he paid in, £19 10s. 4d. All I am able to check is that the total on the sheet coincides with the amount shown as received by him on the collecting book. For about 18 months he had had a regular round, consisting of about 270 people; they do not change very much; when they have finished one check they have another. On January 17 he did not come to the office but sent a telegram, stating he would arrive by a later train. He sent someone later in the day. We heard nothing more from him until the Friday, when he sent up another agent, McQueen. On January 18 he came with his collecting book and paid in £19, whereas he should have paid in £20 11s. 10d. on his own showing. He

was suspended. I went the same evening to prisoner's house and met him coming away. I arranged with him to go on his round the following day to check his account with the receipt cards. We went round accordingly and checked Messenger's, Taylor's, Hanson's, Horton's, and Brown's cards. (Witness gave evidence as to having found the discrepancies between the prisoner's collecting book and the receipt cards in these cases deposed to by Mr. More-ton.) In addition I went through the whole of his book and found altogether 183 discrepancies amounting in all to £13 18s., about two-thirds of which were in December and January. When I told him the whole amount he was short he said he could not account for it. I also found 23 cases in which he had accounted for money he had not received, amounting to £1 11s. Adding the discrepancy of £1 11s. 10d. on January 19 to the £13 18s., and deducting from the total the £1 11s. 10d. which he had overcharged himself, his total discrepancy is £13 18s. 10d.

To prisoner. McQueen stated that you could not make your accounts agree and that you were coming up in the morning. You sent your balance-sheet before you came. When you came you said you were short. I checked your book. I do not know the amount you actually collected and should have paid in on that day. It is not the rule for agents to have discrepancies; we have not a sheet that comes down from the head office every week with a list of about 30 discrepancies. In the event of any overcharge being discovered you are refunded; you have had several such refunds. You have not on many occasions paid in too much money. About 18 months ago you paid in a sovereign too much. Your overcharging might run into about sixpence a month. I do not know of any agent at our office who is still £16 short. You agreed to go round with me and show me exactly the same way as you went round. I had not been the whole of your round checking the account on the day before, although it is true I had been to certain places; I had been round to tell people not to pay you any more; I had not your dismissal at the time, so I did not ask you to accompany me on the occasion; my object was to prevent you going round collecting. After being round on Saturday we arranged to go round on the Monday following. I do not think you asked me on the Saturday what I made of it; I cannot remember the exact figures; I do not know that I told you anything; I think you were £5 out on the day's checking; and I think you were about £1 10s. to the good, so you were £3 10s. out. You have been credited for all the overcharges found in your collecting book. (Prisoner elicited from witness details of cases in which he had overcharged himself.) I met you again on Tuesday and we went round again. As far as I know, you have never had an account delivered to you. (Prisoner admitted that he had received one last Saturday.) I do not know what you should have paid in on December 30. (Prisoner put in the original receipt for £19 10s. for moneys he had paid in on that date, Exhibit 11. He then began to ask a question bringing in the name of his wife, when Mr. Muir warned him not to proceed.) It is usual for collectors to use their collecting books on their rounds; they must do so according to the rules; you are not supposed to use copying-ink and there is no difficulty in using the

book. I cannot remember how many mistakes there were, if there were any, which were put right in your sheet on January 13. You were checked up once a fortnight and whenever the receipt cards go to Bradford they were checked. There are three agents on your book at present.

Re-examined. Prisoner has had credit for every overcharge and I produce a list of 23 such "overs"; they are all in January and December; the bulk of the "shorts," 183, are in the same months. According to the counterfoil receipt for December 23 he paid in £10 16s. 5d. There were only about seven cases that I checked when prisoner was not with me. I produce a list of them; the people were out when we called. Every time a member applies for a new card his old card goes up to Bradford and is checked; the collecting book is only sent up once a fortnight; I do not know how they check the collecting book When they have not the receipt cards.

MARGARET MESSENGER (Grosvenor Road, Southall), CLARA KING (9, Beaconsfield Road, Southall), ELIZABETH HANSON (32, Townsend Road, Southall), GRACE BROWN (2, Weston Road, Southall), FANNY LOUISA TAYLOR (1, Essex Road, Southall), and ROSANNA HORTON (11, Grange Road, Southall), stated that they had paid prisoner the sums which Mr. Moreton had deposed to had not been entered by prisoner in his collecting book as having been paid, and that on each occasion prisoner had initialled their receipt cards, which they produced (Exhibits 1, 3, 4, 5, 6 and 7 respectively), acknowledging the receipt of such sums.

(Defence.)

BERNARD ARTHUR KALLAWAY (prisoner, on oath). I was appointed full-time accent in June, 1910; in consequence of some little difficulty with an agent his book was handed over to me; I agreed to take over the book without it being checked up; I was asked just now not to mention that agent's name. From time to time I found discrepancies and I made them good. I continued as agent till January 18. There are discrepancies in all the agents' accounts; either they have paid in too much or paid in too little. I have always made my discrepancies good when my attention has been called to the fact that I had paid in too little; I have on the other hand had to claim what I paid in too much. (Prisoner gave instances prior to December where clerical errors had been made and subsequently put right by him.) When I took over the collecting book I brought the takings up from £15 a week to £22 a week. There are scores of instances of "overpaids." On a previous occasion, when I was short, Mr. Dickson, the manager, lent me a sovereign to make up my account; I returned it to him after I returned to my house and found it. If I had been in a position to pay what I am short of now, I should never have been here. I produce & book which I took round instead of the collecting book, and I can show that in it I account for every sixpence I received on my round for the past two years. On account of difficulties at home, such as ill-health, I entered up my collecting book from memory and did not. refer to the book I had taken round and so the discrepancies arose.

Mr. Dickson himself has verified instances of my having paid in money I never received. I sent McQueen to the office to tell them I would balance up as soon as I could. I went up the following morning and at once reported how I stood. I was suspended in consequence. I immediately fell in with Mr. Felton's suggestion that I should go round and check the cards; he did not tell me he had been round before. I rendered him every possible assistance I could on the three days I went round with him. I never attempted to defraud the company. I have never been checked by them since I started. I have 27 years' good character; I was in the Mounted Constabulary 2 1/2 years; I then left and became a warder at Broadmoor. I then joined the Great Western Railway as a ticket collector and after 12 months' service was appointed detective officer, remaining as such for 16 years. I left them five years ago as I lost my wife and family. I became ill and on getting better I was employed by Horace Watson, house and estate agent, of Southall, where I remained till I joined this company.

Cross-examined. I understood the rule saying that when collecting I was to enter in the collecting book in ink the money I had received at the time I received it. I did not carry the company's collecting book because it was too cumbersome and it would get wet if it rained; I used my book instead as it was smaller. The other agents also did not obey the rule; I do not know why. And I cannot always carry a pen either. I used my book in entering up the collecting book, but during the latter part of the time I did it from memory and the entries do not agree because I did it hurriedly; it was sheer negligence; this happened it may be for some weeks. In my book in the case of King there will be found the money entered that I received; I entered it at the time. I have never mentioned about this book of mine before; I tried to do so at the police court, but I was "put down." I refuse to answer whether the woman I obtained my collecting book from was the woman I had seduced under the promise of marriage; I decline to say whether I have ever been married to her. I do not suggest that her book was wrong knowingly. There has never been a question about it; neither is there now.

(Saturday, March 2.)

HORACE WATSON , estate agent, Southall. I have known prisoner about 16 years. I employed him as assistant bailiff for about four years and I found him perfectly honest.

Cross-examined. The last case he did for me was six months ago; he gave me to understand then that he was only part time agent.

Detective ALBERT CAWDRON, T Division, corroborated prisoners statement as to his past employment, but stated that he asked the chief clerk of the Great Western Railway why prisoner had left that company's service, and he said that not wishing to harm prisoner in any way he would not say any more than he had left the service.

Verdict, Not guilty; the jury adding the rider, "We consider there was a great laxity on the part of the company in the checking of their agents."

BEFORE JUDGE RENTOUL.

(Friday, March 1.)

GALL, George (34, police constable) ; carnally knowing a girl above the age of 13 years and under the age of 16.

Mr. A. S. Comyns Carr prosecuted; Mr. Curtis Bennett defended.

verdict, Not guilty.

BEFORE JUDGE LUMLEY SMITH.

(Friday, March 1.)

PORTEOUS, Robert George (59, no occupation), and CASTIGLIONE, James Lawrence (65, picture dealer) , both conspiring and agreeing together to commit wilful and corrupt perjury; both on August 22, 1907, and on divers dates thereafter between that day and December 29, 1911, did unlawfully conspire, combine, confederate, and agree together and with Reginald Scale, Harry Ernest King, and one F. G. Wright and divers other persons whose names are unknown, to cheat and defraud such liege subjects of his Majesty the King as should be induced to purchase pictures in the belief that the said pictures were the genuine property of real judgment debtors whose goods had been seized in execution by the Sheriff upon judgments obtained in genuine actions brought against the said judgment debtors for the price of goods actually sold and delivered to them; both on August 22, 1907, and on divers days thereafter between that day and December 29, 1911, did unlawfully conspire, combine, confederate and agree together and with divers other persons to commit divers contempts of Court by bringing divers fictitious actions in the King's Bench Division of the High Court of Justice against divers fictitious defendants; both committing wilful and corrupt perjury; Castiglione committing wilful and corrupt perjury.

Mr. Muir, Mr. Leycester, and Mr. Waldo R. Briggs prosecuted; Mr. St. John Hutchinson appeared for Porteous; Mr. George Elliott, K. C., and Mr. Curtis Bennett defended Castiglione.

Porteous pleaded guilty.

WILLIAM TURNER COOK , senior clerk, L to Z Department, Judgment Room, Royal Courts of Justice. In my room are recorded all the steps of actions the plaintiffs' names in which begins with the letters L to Z. A writ is issued signed by the plaintiff. Writ produced is by James Martin, address for service 24, Ludgate Hill, residing at 8, Stroud Green Road, Finsbury Park, picture and fine art dealer,

against Alfred Jones, for goods sold and delivered. Eight days after service, if no appearance is entered, the plaintiff, on making affidavit of service, can sign judgment. Produced is the affidavit of service sworn by James Martin, stating that on November 15, 1907, as 260, St. Paul's Road, Canterbury, he personally served Alfred Jones with the writ. Original judgment produced was issued on November 29, 1907, to James Martin. Writ of fi. fa. was then issued, on the plaintiff signing the precipes directed to the Sheriffs of Warwickshire, Lincolnshire, Lancashire, Staffordshire, Surrey, Yorkshire, and Northamptonshire; writs were then issued to those Sheriffs giving them authority to seize the goods of the defendant and account for the proceeds to the plaintiff. I know both prisoners by sight. In 1907 Castiglione frequently came to my room as plaintiff in person in the name of Martin. I noticed he issued a great number of fi fas in different actions and spoke to him about it. I said it was rather dangerous issuing so many fi fas in an action, because one Sheriff might get part of the claim and another Sheriff get more than enough, and he (Castiglione) might have an action brought against him by the defendant for excessive levy. He said he was a picture dealer and his pictures were sold to people going all over the country and he might have to follow them from one county to another to get execution. After that Castiglione brought no more actions in the name of Martin.

Cross-examined. If an appearance is entered, when there is a specially endorsed writ, the plaintiff can get judgment in default of defence—the writs in these cases were specially endorsed—in all cases the service of the writ must be proved.

ROBERT LESLIE OVERBURY , clerk in Central Office, High Court of Justice, Writ Department, A to K. I have known Porteous for a year or more taking out a number of writs for the plaintiff in person in a number of actions in the name of James Clark. I produce writ of August 27, 1907. James Martin v. W. Wilson, 55, Lord Street, Liverpool, for goods sold and delivered, being oil paintings, water. colour drawings, and other pictures, £24 5s. and 10s. costs, signed by James Martin, 24, Ludgate Hill, plaintiff in person, residing at 8, Stroud Green Road, picture and fine art dealer; fi fa sworn by R. Skaif. On September 18, 1907, deposing to personal service on Wilson on August 22, sworn before F. J. Day, Commissioner for Oaths; judgment in default of appearance signed September 18 for £24 5s. and £1 5s. 4d. costs by James Martin; six precipes directed to the Sheriffs of Berkshire, Cardiganshire, Sussex, Lincolnshire, Yorkshire, and Glamorganshire. Witness produced a large number of similar series of documents in actions of James Martin v. Arthur Thompson. 55, Air Street, Leeds, v. William Castle, 23. Market Street, Manchester; v. Alfred Jones, 260, St. Paul's Road, Canonfoury; v. Alfred Pratt, 15, St. Andrew's Street Cambridge: v. Thomas Warner, 35, Hill Street, Bristol; v. Alfred Ashford, plaintiff in person, of 24, Ludgate Hill, and 8, Stroud Green Road; v. James Taylor, 55, Windmill Road, Gravesend; v. James Turner, Wimbledon: by Alfred Burton, 24, Ludgate Hill, and 8, Stroud Green Road; v. Walter Smian, 23, New Road, Gravesend; E. L. Phillips; plaintiff of the same

addresses v. Alfred Jones, 270, St. Paul's Road; affidavit of service by R. E. Skaif; Alfred Charles, of 163a, Strand, and 8, Stroud Green Road; v. Frank Thomas, 40, St. Paul's Road; affidavit by R. G. Porteous; James Williams, of 163a, Strand, and 8, Stroud Green Road; plaintiff v. Charles Makepeace, Harwich; James Clark v. Charles Mack; writ issued by O. C. Kent, solicitor, 91, Queen Victoria Street; affidavit sworn by Registered E. Scale; James Clark by O. C. Kent, solicitor, v. Thomas Graham, of 8, Stroud Green Road; James Clark, in person, of 163a, Strand, and 8, Stroud Green Road, v. Alfred Lever, 19, Mile End Road; affidavit by R. G. Porteous; James Clark, v. Charles Williamson, 4, Long Acre; affidavit by Porteous; James Clark v. R. Stark, 44, Fairfield Road, Bow; James Clark v. Alfred Feltham, 14, Cambridge Street, London; some 30 similar series of documents were produced, the affidavits being sworn by Porteous, for amount of about £25 in each case, fi fa's being issued to the Sheriffs of several counties, ranging in date from September, 1907, to October 30, 1911; in all cases judgment being signed in default of appearance.

Cross-examined. I have never seen Castiglione bring a writ in.

JOHN HENRY HOPE , 13, Chichester Rent, Chancery Lane; FRANCIS TOM DAY, 93, Chancery Lane; ARTHUR NOBLE ROBINSON, clerk to F G. B. Crawley (deceased), Chancery Lane; IRVINE HARLE, 61, Tufnell Park Road; HORACE OCKERBY, 114, Queen Victoria Street; JOHN EDMUND BENTLEY, Record Department, Royal Courts of Justice, and ALEXANDER ROSS, solicitors and Commissioners for Oaths, proved the swearing of various affidavits in the above actions by Castiglione, Porteous, Skaif, and others.

GEORGE OWEN HEATH , Exeter, Sheriff's Officer for the County of Devon. On November 2, 1911, I received from a Mr. Wright warrant and fi fa in an action of James Clark and Charles Forsyth. I put the execution in the hands of T. Chapman, and instructed Wills, auctioneer, Newton Abbott, to sell, and received cheque from him for £25 15s. 4d., which I forwarded to the plaintiff and received receipt (produced) signed "James Clark, 8, Stroud Green Road."

CHARLES GERMAN WILLS , Newton Abbott, auctioneer. On November 3, 1911, Chapman, a bailiff, and Wright, instructed me to sell a parcel of pictures. Posters were circulated: "Large and valuable collection of oil paintings and water-colour drawings, comprising examples by or attributed to Sidney Cooper, Peter de Watt, Charles Stewart, Walter Donkin, George Morland, Corot, Patrick Nasmith, Teniers, and other celebrated artists." Six hundred catalogues were sent me from Wright, of 8, Stroud Green Road. I was instructed by the Under-Sheriff to sell up to about £40 to clear the execution and expenses, and on November 10 I sold by auction to that amount. By request of Wright I offered the whole of the pictures. A number of local people attended and bid; the sale realised £154 1s. 6d.; the highest price realised for a picture was £13 13s. A number of the pictures were bought in, the bidding in those cases being as much as £25 4s. the total of the sale was over £400. I forwarded cheque to Heath for £32, and paid Wright in cash and a cheque payable to E. L.

Phillips (at Wright's request) £107 4s. 6d., for which I received receipt (produced) signed "E. L. Phillips, p. p. F. T. Wright." I have been nine years at Newton Abbott; I know no picture dealer there named Forsyth.

(Saturday, March 2.)

CHARLES GERMAN WILLS , recalled, cross-examined. This is the first sheriff's sale I have had; it was under ordinary conditions. I have not had any complaints by buyers of pictures. I thought the picture I sold for £13 13s. a nice piece of work.

JOHN DOUGLAS EDWARDS , goods clerk, G. W. R., Newton Abbott. I produced invoice of a parcel consigned from Wright, of Bridport, to C. Forsyth, Newton Abbott, of a "quantity of common pictures," weight 12 cwt., dated October 31, 1911."Oil paintings" are carried at a higher rate than common pictures." A further consignment. dated November 9, 1911, was addressed to F. G. Wright, Market Buildings, Newton Abbott, weight 1 cwt. 21 lb. Delivery receipt is signed "For C. Forsyth, p. p. F. G. Wright." On November 30 there is consignment note of three crates, "common hawkers' pictures," weight 6 cwt., sent by F. Wright to J. Forsyth, Truro. On November 15 there is consignment note of 1 ton 12 cwt. "common hawkers' pictures," sent in truck (No. 58,036) by F. Wright, 8, Stroud Green Road, to J. Forsyth, Truro, carriage £3 3s. 6d. I saw Wright on two occasions and should know him again. I have been in attendance both here and at the police court. I have not seen Wright since seeing him at Newton Abbott.

WALTER JOSEPH PARROTT , motor-driver, G. W. Railway. On November 9 I collected from the Fine Art Company, 8, Stroud Green Road, consignment to F. G. Wright, Market Buildings, Newton Abbott. At the police court I pointed out the man who delivered the goods; I think he answered to the name of Reginald Skaif.

MRS. MARGARET GERALDINE HART , 27, Compton Terrace, Highbury, boarding-house keeper. I have been at 27, Compton Terrace two years and five months. No one under the name of Forsyth has been living there; no writ was served there on November 18, 1911.

EMILY HYSON , for two years general servant to Mrs. Hart, 27, Compton Terrace, corroborated.

HENRY JAMES LEAN , Truro, Sheriff's Officer for Cornwall. On November 18 I received warrant for a writ of fi fa in an action of James Clark, of 20, Haymarket, and 8, Stroud Green Road, London, v. Robert Howe, for £24 15s. 4d. and 10s. costs. I saw Wright at Truro goods station. He handed me letter produced: "51, Southbourne Road, Brixton. November 27, to James Clark, 8, Stroud Green Road.—Dear Sir,—I hereby declare that the goods now at Truro Station, which I have already given you in my previous letter authority to seize and to sell, are my absolute property. They are consigned in the name of Forsyth, as I have been trading under this name.—Yours Faithfully, ROBERT HOWE." Wright handed me the key of the truck, in which I levied on a number of pictures, seizing enough to cover debt

and cost, and instructed Sampson, auctioneer, to sell. I returned the key to Wright. The whole of the pictures were removed, and a sale took place on December 6. A number of local people and also strangers were bidding. Castiglione was there; he bid a good deal. The next morning I saw Wright and Castiglione at Sampson's office. Castiglione wrote pencil note (produced) for me to give Wright, signed "J. L. C." Letter (produced) is in the handwriting of W. N. Coode, the Under-Sheriff: "Dear Sir,—Yourself v. Howe. I have now received the debt and costs. I have to retain the money for the statutory period of 14 days, after which a remittance shall be made to you unless bankruptcy ensues," addressed to James Clark, 8, Stroud Green Road. Cheque of December 21 (produced) is for £25 6s. 1d., by W. N. Coode to James Clark, and endorsed by Clark.

JOHN HENRY SAMPSON , 2, Green Street, Truro, auctioneer, corroborated the last witness. I have been 35 years at Truro. I know no picture dealer of the name of Howe there. I received 500 catalogues from London before the pictures arrived. There were 269 lots, described as "A large and valuable collection of oil paintings and water colour drawings by or attributed to F. Goodal, Birkett, Forster. Peter de Windt, F. Herring, Walter Donkin, Sidney Cooper, and other well-known artists." After selling enough to satisfy the Sheriff, Wright and prisoner (who was introduced by Wright under the name of "Lawrence") directed me to continue, some pictures were added, and, in all, 284 lots were put up; 79 lots were sold to local bidders, realising £90 7s. 6d.; the others were bought in, the total amounting to £530 13s. 6d. One picture was knocked down to prisoner at 200 guineas—that was A market cart—Geo. Morland." I received commission only on £90 7s. 6d. I paid £31 4s. 2d. to the Sheriff, £5. to prisoner, and £10 to Wright, and handed Wright cheque produced for £24 1s. 4d., made payable to J. L. Castiglione at Wright's request. Wright gave me receipt for the whole amount.

Cross-examined. The sale was under the usual conditions; there was nothing abnormal about it; it is no; unusual to have a number of persons employed by the owner to bid in; there was considerable genuine bidding; I have had no complaints, the sale being advertised as under the execution of the Sheriff gives extra publicity to it.

HENRY SAMWAYS , goods clerk, G. W. R., and WILLIAM CHARLES CLEMENS, of R. and J. Lean, cart agents to G. W. R., Truro, gave evidence as to the consignment and delivery at Truro and, after the sale, of the consignment by Wright of a quantity of pictures to Devonport.

FREDERICK BROWN NORRIE , goods agent for G. W. R., Devonport, produced invoice of a quantity of common hawkers' pictures, weight 12 cwt. consigned by F. Wright, Truro, to A. Pitt, Devonport. On December 19, four crates pictures arrived from London. On December 13 I saw Wright, who handed me letter by A. Pitt, giving up possession of all goods lying a: Devonport, asking for them to be sold by auction, addressed to "James Clark, 8, Stroud Green Road." I understood Wright to be Clark.

ARCHIE JAMES NORTHCOTT , of Sweet and Arnott, Sheriffs Officers of County of Devon. I produce writ and fi fa issued by James Clark, 20,

Haymarket, and 8, Stroud Green Road, plaintiff in person, against A. Pitt, picture dealer, Devonport. I have known Devonport 20 years—there is no such picture dealer there to my knowledge. I saw Wright on December 13; he gave me the keys of the railway truck. I seized certain pictures and instructed Peter Hamley and Sons to sell which they did on December 21. I wrote letter produced (found at prisoner's offices) demanding £3 3s. 8d. railway charges and cheque was forwarded by James Clark, of 8, Stroud Green Road.

PETER HAMLEY , auctioneer, Plymouth, gave similar evidence to that of J. H. Sampson, with regard to a sale at Devonport of 264 lots, 17 pictures being sold to genuine. buyers for £17 4s. 6d., 63 lots bought in at £158 19s. 6d., the remaining lots not being offered. Castiglione told me before the sale that he would be answerable for those who attended to bid for him; he paid me £35 to balance the sheriff's amount and my costs. The remainder of the pictures were handed over to Wright.

ISAAC SLESINGER MOSS , landlord of 23, Market Street, Manchester. No one named William Castle was a tenant at that address in October 1907.

JAMES HENRY SMITH , 15, St. Andrew Street, Cambridge. Alfred Pratt has not lived at my address for 20 years.

CALEB TOOMEY , 55, Lord Street, Liverpool. Walter Wilson has not lived at 55, Lord Street—no writ was served there on August 22. 1907.

CALEB STERRY , messenger, Old Bank, Bristol. In 1908 my bank occupied 35, Corn Street; no one of the name of Thomas Warder occupied or used that address.

JOHN WILLIAM STEVENSON . I have been employed at 55, Air Street. Leeds, for 11 years. In September, 1907, no person named Arthur Thompson occupied or used the premises.

(Monday, March 4.)

PERCIVAL FREDERICK DENMAN , goods carman, G. W. R., London. I collected five crates "C. H. Pictures" from 8, Stroud Green Road, consigned to F. G. Wright, Truro. Castiglione delivered the goods to me.

FREDERICK STANLEY WHITE , 20, Hill Street, Peckham, fishmonger. Robert Howe has not lived at my house. Porteous did not serve a writ there on November 1 or any time.

MAUD WHITE , wife of F. S. White, corroborated.

EDWARD SINCLAIR , carman, G. W. R. I collected from 8, Stroud Green Road four crates and one bundle common hawkers' pictures consigned to Hamley and Sons, Devonport. They were delivered to me by Castiglione.

JAMES ELLIS , lift attendant, and F. C. HILDEBRAND, caretaker, 7, Walbrook. No one named Alfred Pitt has used thus address or been served with a writ by Porteous.

EDITH KING , 51, Southbourne Road, Brixton Hill, wife of Harry Ernest King. My husband has been employed by Castiglione, who

has traded as "E. L. Phillips and Co." and "The London Fine Art Company," at 8, Stroud Green Road for 12 years. Up to 12 months ago I lived for six years at 6, Rochester House, Rushworth Road. We took our present house from May and Philpot—agreement produced is signed by my husband. I do not know James Morton or Alfred, Ash ford—my husband was not employed by either to my knowledge. Card produced, "H. E. King, Fine Art Dealer, 6, Rochester House, Brixton," is my husband's card. He has never traded under the name of Forsyth, nor has Forsyth traded at 57, Southbourne Road. Letter produced signed Forsyth giving James Clark authority to seize and sell goods at Truro is in my husband's writing. A. Pitt has not lived at 51, Southbourne Road. Letter from Pitt to Clark authorising the seizure of goods at Devonport is not in King's handwriting. Letter of December 19, 1911, from A. Pitt to Hamley and Son is not in my husband's handwriting. The signature of the "Witness H. E. King, 26, Burfield Road, Brixton" is my husband's writing. On that date H. E. King was not living at 26, Burfield Road. Mr. Castle lives at 26, Burfield Road.

HARRY FRANK BAKER , 10, Acre Lane, Brixton. 6, Rochester House, was let to King from February, 1905, to March, 1911.

EZRA ALBERT EDWIN PILGRIM , clerk to May and Philpot, estate agents, Brixton Hill. On March 6, 1911, my firm let 51, Southbourne Road, to H. E King. He referred to E. L. Phillips and Co., and the Fine Art Company, of 8, Stroud Green Road.

HERBERT HENRY CHILD , secretary to J. P. Restaurants, Limited. In February, 1910, I let ground floor and basement of 163a, Strand, to Castiglione, and produce letters in his handwriting.

ALFRED LEWIS , cashier, London, County and Westminster Bank, Holloway Road. Ada Castiglione and J. L. Castiglione had accounts at my bank. Cheque £3 8s. 8d. in favour of Sweet and Arnett was drawn on Ada's account. On December 2, 1911, there is a debit of £4 7s. 2d. in favour of Lean. Cheques of C. J. Wills to E. Phillips, £97 7s. 6d.; G. L. Coode to James Clark, £55 15s. 4d. and £25 6s. 1d.; Sampson to Castiglione, £24 1s. 4d.; and F. C. Wetherby to Clark, £56 6s. 10d., were. paid into the accounts of Ada or J. L. Castiglione.

HENRY SIMMS , engineer. My wife is the owner of 8, Stroud Green Road, which I let to Castiglione in 1900 at £75 a year, afterwards increased to £100. It is a large covered-in-yard, with work-shops at the end, and a front shop. In June, 1910, I let No. &, a house and shop, also to prisoner at £65 a year.

Cross-examined. Castiglione has always behaved. to me honourably. He is a manufacturer of pictures; he employs men to make frames, to restore and to paint.

Detective NOAH HOLT, Gravesend Borough Police. I have lived at Gravesend for 11 1/2 years. There is no street called Windmill Road; there is Windmill Street. I have not been able to find any James Taylor at No. 55.

SAMUEL CLARK , 8, Beresford Road, Harringay, artist in oils. I have never brought an action against Charles Maggs, of 66, Great Dover Street, and do not know Maggs or the action for £23 6s. 2d. I know

no solicitor named O. C. Kent. I know Reginald Skaif as an employe of prisoner; he did not serve any writ for me. I have been a landscape-painter for 50 years. I have painted pictures for prisoner and have sold him 20 to 25 in a year, the price varying from £1 to £15, averaging about £5 a picture. I have a half-brother named James Clark; he has been brought up to paint, but he is mostly employed by prisoner to go into the country and see if there are any pictures worth purchasing and to repair and restore pictures. He lives at 6, Landseer Road, Holloway. I know H. E. King as an employed of prisoner.

Cross-examined. My father was a well-known animal painter. I have painted several pictures for the Prince of Teck. Prisoner has always acted honourably to me; I looked upon him as a friend as well as a patron. He has never asked. me to sign anyone else's name to a picture or to make any false representation of any kind. I have received 100 guineas for a picture. Prisoner has paid me as much as £20 for a picture. Prisoner is a very large buyer of pictures at sales; valuable pictures are often picked up cheaply.

SARAH MAGGS , 66, Great Dover Street, widow of Charles Maggs. My husband was not served with a writ on September 12, 1910, at my house. I should have known if it had happened.

FRANCES CLARK , wife of James Clark, 6, Landseer Road. Holloway. My husband works for prisoner. Thomas Graham was not served with a writ at my address in October, 1910; I do not know Graham.

FREDERICK WILLIAM HEALE , secretary to a public company, landlord of 24, Ludgate Hill. On December 8, 1908, I let 24, Ludgate Hill, to prisoner at £450 a year, payable monthly. He left on March 21, 1910.

Cross-examined. Prisoner has always fulfilled his obligations. I regarded him as an honourable man.

Detective-sergeant ROBERT SCOTT, New Scotland Yard. There is no such road as Lansdown Road, Holloway.

ESTHER ADLER , 19, Mile End Road, wife of Sims Adler. Alfred Lever did not live at my house in February, 1911.

MRS. ANNA CRASH , 14, Mile End Road. Alfred Lever has not lived at my house, nor been served with a writ by Porteous.

HARRY HICKS TUCKER , manager to Heath, Son and Read, auctioneers. Old Bailey. On February 13, 1911, I received from Howard and Co., the key of 64, Long Acre; there was a sale on February 16, conducted by my firm. No one named Charles Williamson was served with a writ there on February 14, 1911.

EDWARD ALBERT SHAW , surveyor, corroborated.

CHARLES LEONARD PARKER , 44, Fairfield Road, Bow. Robert Skaif was not served with a writ at my house on February 23, 1911.

ADA DUNCKLEY , 14, Cambridge Street, Edgware Road. Alfred Totham was not served with a writ at my house on March 1 1911.

ALFRED JAMES COLES . Charles Burr was not served with a writ at 56, Commercial Road, on April 1, 1911.

Fifteen other witnesses at various addresses proved that writs had not been served as stated in the affidavits of service exhibited.

Inspector DAVID LEWIS, Scotland Yard. On December 29, at 12 noon, I, with Sergeant Bishop, saw Castiglione at 8, Stroud Green Road, and read the warrant to him. He said, "Where is the harm; I have been doing it for ten years. Has Porteous been arrested?" I said, "Yes." Porteous's name was mentioned in the warrant. He said, "He advised me that it was all right." When charged at Bow Street he said, I did nothing wrong, but if I did I did it in ignorance." I found at 8, Stroud Green Road, letters from Coode and Sweet and Arniss to James Clark, and a number of writs fi fas and other documents (produced); also ledger containing entries of the purchase of a large number of pictures, ranging from 5s. to £1 2s. 6d.; other entries refer to cleaning or restoring pictures.

Detective-sergeant CECIL JOHN BISHOP, Scotland Yard. After the arrest I conveyed Castiglione to Bow Street in a cab. On the way he said, 'I have done this for the past ten years on the advice of Porteous and other solicitors; I will not mention their names; I shall not do any good by bringing them into it. If I have done wrong it was in ignorance."

Mr. George Elliott stated there was no dispute as to the facts on which the charge of perjury was based, but he submitted that they did not constitute the offence of perjury, there being no "cause" as defined by the Judicature Act, 1872.s. 100; no lis pendens; no real plaintiff and no real defendant; no person seeking relief and no one against whom relief could have been obtained; therefore no "judicial proceeding." (R. v. Pearce, 9 Cox, 258; Archbold. p. 1157; R. v. Ewington, 2 Moody, p. 223.)

Mr. Leycester submitted that the facts constituted a "judicial proceeding"; also a "matter other than a judicial proceeding"; further, under the Commissioners for Oaths Act, 1889, any wilfully false affidavit sworn before an authorised commissioner was sufficient to establish the crime of perjury.

Judge Lumley Smith said that for the purposes of to-day he should rule that there was a judicial proceeding and that the oath was a material oath to make in the course of a judicial proceeding for the purpose of obtaining a judgment of the court; although there might be no issue before the court and there could be no effective judgment prejudicing anybody, nevertheless it was avowed by a judicial proceeding. It might be that Mr. Elliott was right, and he would grant leave to appeal and state a case for the Court of Criminal Appeal.

A verdict of guilty was then taken against Castiglione; Mr. Elliott to be at liberty to produce evidence on the question of fraudulent intent before the judge alone in mitigation of sentence, which was postponed until the hearing of the appeal on the point of law.

BEFORE THE RECORDER.

(Saturday, March 2.)

WRIGHT, George (25, labourer) , stealing one pair of spectacles and one pawnticket, the goods of Richard Crowley, from his person.

Police-constable James Wiggins, 313 E. About 1 a.m. on January 27 I was in Gray's Inn Road when I saw prosecutor lying on his back outside the "Olive Branch"; prisoner was standing across him with both his hands in prosecutor's trousers' pockets. On seeing me he walked sharply down the Mews. I caught him and told him

I should charge him with attempting to rob a drunken man. He said, "It's all right; he is a pal of mine. I have been with him all day." I took him to the station where he was charged; he made no reply. I found on him 2s. in silver, 8d. in bronze, a pawnticket, and a pair of pince-nez. Prosecutor was hopelessly drunk; he was taken to the station on an ambulance and also charged. Prisoner was perfectly sober.

Cross-examined by prisoner. I was. about seven or eight yards away from you when I saw you with your hands in his pockets. Prosecutor was lying on the footway. There were no other people round there. Another officer was with me at the time. I showed you the things that I found on you. I asked you if they were yours and you made no reply. I did not find on you three letters and a purse. I heard prosecutor say he had lost between £7 and £8 that night.

RICHARD CROWLEY , electrician. I can remember up to 8.30 p.m. on January 26; I had got very drunk and after that I remember no more. These glasses (produced) are very like mine; I had a pair with me that night. The pawnticket (produced) is mine. At about 8 p.m. I had paid me £7 10s. and I had this cheque for 30s. (produced). I can account for about £2; the last time I recollect having the balance was about 8.30 p.m. I went to different (public-houses. When I came to myself I found myself at the station. I only know prisoner by seeing him in the station in the morning. I was fined for being drunk and incapable.

To prisoner. I said to you in the waiting-room, "You have got nothing to be afraid of; I cannot see what they have got to do with you; you never had my money" because I did not know anything about it then. I generally carry my spectacles in my vest pocket. I also had the cheque in my vest pocket. I remember putting the cheque in that pocket when I received it; sometimes I carry my money there also.

Police-constable STANLEY BENNETT. About 1 a.m. on January 27 I was with Police-constable Wiggins in Gray's Inn Road when we saw prosecutor lying on his back across the pavement in front of a mews; prisoner was standing over. him with his hands in his trousers' pockets. He attempted to run away; the other police constable followed and secured him. I got the ambulance and took prosecutor to the station; he could not walk. I returned and about five yards from where prosecutor had been lying I found this cheque for 30s. I saw prisoner searched. He said the property found on him was his.

To prisoner. I was between five to ten yards from you when I saw you with your hands in his pockets. I did not notice any people round you. The other officer was present when you said that the property belonged to you.

Prisoner's statement before the Magistrate, "I will make a statement later on."

GEORGE WRIGHT (prisoner, not on oath) stated that the pawntickets and the spectacles alleged to have been found on him were not shown to him till the following morning at the Court; that the officers had

given contradictory accounts of what he had stated when they were found, and also as to the distance they stated they were from where they alleged they saw him with his hands in his prosecutor's pockets; that on that evening at 12.15 he saw prosecutor with three men coming out of a public-house singing. He went into the public-house and stayed there till closing time. On coming out he saw a crowd surrounding the prosecutor, who was lying on the road. He had begun to lift him up when the police arrived and wanted to know what was the matter. He said he was trying to lift him; but they were not satisfied and took him to the station. When searched he was given back a leather purse found on him. He was not saying that the things were not found upon him, but he contended he ought to have been asked to account for them. He presumed they must have been placed in his pocket by someone whilst he was trying to lift prosecutor.

Verdict, Guilty.

Prisoner confessed to a previous conviction of felony at this Court on January 12, 1911, in the name of " Charles Dodd," when he was sentenced to nine months' hard labour. Two further convictions in 1909 and 1910 were proved. It was stated he was an associate of a prostitute whom he assisted in robbing drunken men; he was never known to have done any work.

Sentence: Twenty-two months' hard labour.

BEFORE JUDGE RENTOUL.

(Saturday, March 2.)

TURKINGTON, William (39, sorter) , committing an act of gross indecency with a male person.

Verdict: Not guilty, the jury adding that the prisoner left the court without any stain on his character.

MOORE, Benjamin (17, porter), MOORE, Samuel (49, upholsterer), and MOORE, Alice (47); S. Moore and A. Moore, being the occupiers of certain premises, unlawfully suffering Gladys Herbert, a girl over the age of 13 and under the age of 16 years, to be in and upon the said premises for the purpose of being carnally known; A. Moore, procuring Gladys Herbert, a girl under the age of 21 years and not being a common prostitute, to have unlawfully carnal connection; a similar charge in respect of a girl named Violet Kate Jones; B. Moore, carnally knowing Gladys Herbert; B. Moore, S. Moore, and A. Moore, keeping and maintaining a disorderly house.

(Monday, March 4.)

Verdict, Samuel and Alice Moore, Guilty on all counts; Benjamin Moore, Guilty of carnally knowing Gladys Herbert.

Alice Moore had been twice previously convicted of assisting in the management of a brothel, on the last occasion Samuel being also charged and fined.

Sentences: Samuel Moore, Three months' imprisonment; Alice Moore, Nine months' imprisonment; sentence on Benjamin Moore was postponed till next Sessions.

BEFORE JUDGE RENTOUL.

(Monday, March 4.)

CARTER, Harris (27, grocer) , feloniously receiving 36 cases of sardines, the goods of Maurice Morrison, well knowing them to have been stolen.

Mr. Cassels prosecuted; Mr. Curtis Bennett defended.

MAURICE MORRISON , produce merchant, 29, Widegate Street, E.C. On January 24 I had 36 cases sardines in my possession. The premises were left safe at 5.30 p.m. Next morning the cases were missing. The padlock was also missing. I put the matter in the hands of the police. On February 2 I met Mr. Magnus. In consequence of what he told me I gave information to the police. I saw prisoner later and charged him. I had not seen him before then.

HENRY EVANS , warehouseman to last witness. On January 24 I left the premises safe. Next morning a stack of sardines was missing.

JOSEPH MAGNUS , trading as the Great Eastern Stock and Job Buyers, 137, White Horse Street, Stepney. On January 25 prisoner came to me and offered me 33 cases of sardines at 12s. 6d. a case. I said I must have a sample. He sent one by one of his men. He rang me up on the 'phone and asked what I thought of them. I said not much, if he liked to accept 11s. a case I could do with them. He said "Very well, I will send them down," which he did in the afternoon. When I returned from an auction in the afternoon prisoner's boy was waiting for the money. I saw prisoner the same day and asked why he wanted 12s. a case when we had arranged for 11s. I drew a cheque for £17 15s. and paid the balance in silver, 8s. A few days later I met Morrison, and a few days after that Detective-sergeant Smith brought prisoner to my place. Prisoner denied selling me the goods but made a statement in which he said he purchased 33 cases of sardines with my permission. I had dealings with him on one or two previous occasions. I did not instruct him to buy 33 cases. He had 36. He had sold three and offered me the remaining 33 but by no instructions of mine.

Cross-examined. My name is Joseph Magnus, not Solomon Magnus. About 16 years ago I went under the name of Solomon Magnus. I arranged to buy these sardines at 11sa case. That would amount to £18 3s. That was on January 25. I made out the cheque that day. I have not had three years' penal servitude for being in possession of stolen property. When I swore at the police court "I have never

been charged with any offence before" I meant as long as I had been in business for myself. I saw in the precincts of this court the actual officer who arrested me on the charge of which I was convicted. I was convicted of stealing 20 cases of sultanas, with my brother; he was my governor. I tried to take the charge on me for him, taking pity on his wife and children. He got four years' penal servitude. I did not buy Packing Girl sardines from prisoner on January 24. I bought Bock brand on the 25th. The cheque for £17 15s. is dated the 24th. That was a pure and simple mistake in the date. I made out the cheque for that amount as the tradesman is allowed a discount. I did not take a receipt. Prisoner said the cheque was as good as a receipt. I never had Packing Girl sardines in my premises.

Re-examined. Since the conviction of 16 years ago I have not been convicted of any offence. I was not owing prisoner £17 15s. on the 24th. When the officers came to make enquiries they asked for the cheque for £17 10s. I got it from the bank. (To the Judge) I have the counterfoil of the cheque at home. I showed it to Mr. Morrison.

SIMON GREENFIELD , 265, Brick Lane. I bought a case of sardines from prisoner for 14s. 3d.

JOSEPH MAGNUS , recalled. I did not sell one case of Bock brand sardines to prisoner on January 25.

Detective-sergeant HUBERT SMITH, City Police. I saw prisoner on February 5. I was with another officer. I said we were police officers and were "Making enquiries with regard to 36 cases of sardines stolen in the City, 33 of which you sold to Joseph Magnus of 137, White Horse Street, Stepney, on January 25." He said "I have never sold him any sardines." I then showed him the cheque. I got the cheque from Magnus. I said "Is that your endorsement." He said "Yet." Prisoner then said "This was for condensed milk and other articles. This is a case of blackmail," After that I went to Magnus's place with accused. He was shown one of these cases. He then said "I have purchased 33 cases of sardines with the permission of Mr. Magnus. The one shown me is one of them and I sold them to him at 10s. 9d. a case. I bought them at 12.30 p.m. on the same day from three men, cigarette customers; I do not know where they live or their names. I paid them 9s. a case cash. They were brought to me on a coster's barrow." When charged he made no reply.

(Defence.)

HARRIS CARTER (prisoner, on oath). I have carried on business as a grocer and provision merchant at 128, Brick Lane for the past nine years. I have known Magnus five years by sight. I first had dealings with him three or four weeks before this case arose. I knew him as Solly. I never heard anybody call him any other name. Every grocer in the East End knows of his conviction 16 years ago. January 24 I 'phoned him that I had 33 cases of blown sardines. I said "If yon can do with them I will buy them." He said, "Send me a sample and I will let you know if I will have them." I sent my boy with the simple about 12 o'clock. I told the boy he could let him have them

at 11s. or 12s. Magnus came to my place and wrote out the cheque on Wednesday evening about 7.30 or 8. I eventually took 10s. 9d. a case. This did not take place on the 25th. He did not pay me 8s. for other articles. I gave him a receipt dated 24th. I sold him some stoned raisins on the 25th. He then took me to his place at Ben Jonson Road. He showed me some other sardines which he said he would let me have at 12s. 6d. a case. I said "If I can sell them I will take the lot." I sold that case to Mr. Greenfield at 12s. 3d. I told the officer "I purchased 33 cases with the permission of Mr. Magnus. The one shown me is one of them. I sold them at 10s. 9d. a case." I did not sell Magnus any sardines on the 25th; it was on the 24th. I have never received any property knowing it to have been stolen.

Cross-examined. The officer said, "I am making inquiries about 36 cases Bock brand sardines." I meant by saying I had never sold any sardines, that I had never sold him any Bock brand. He asked about the cheque for £17 15s. I said, "Yes, those are for some milks." I had sold him some milks a week previous and the cheque came to nearly that figure. I suggested to the officer that we go to Magnus's place. I wanted to see what he had to say. The place at Ben Jonson Road was dark where they showed me the case. I have seen the three men who sold me the sardines at auction sales. I have not seen them since. It was not put to Mr. Magnus at the police court that he had sold me a case of Bock brand. I did not sell him anything else at the time I sold him the Packing Girl sardines.

ERNEST HENRY JONES , manager, London and Provincial Bank, Commercial Street branch. I have known prisoner since November, 305. I have always known him as a perfectly straightforward and honourable man in every way.

MARK MOSES , 17, Princelet Street, E., J. P., and Guardian of the parish of Whitechapel, gave similar evidence.

Verdict, Guilty.

Sentence: Twelve months' imprisonment, second division.

BEFORE JUDGE LUMLEY SMITH.

(Tuesday, March 5.)

WHITE, William (65, tailor) , feloniously uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for £6, with intent to defraud; attempting to obtain by false pretences from Frederick Mitonette Rogers £6, with intent to defraud.

Mr. Leycester and Mr. Waldo R. Biggs prosecuted; Mr. H. W. Wickham defended.

(Refer to case of John McPherson, page 600.)

LADY RACHEL THEODORE BYNG , 33, Lowndes Square. At the beginning of January my footman, John McPherson, left. I heard from my bank, the London County and Westminster Bank, Marylebone,

and found that three blank cheques with the counterfoils, Nos. 217948—50, had been removed from the end of my cheque book, one of which is cheque No. 217949 (produced) for £6, signed and endorsed "R.T. Byng"; it is not my signature.

FREDERICK MITONETTE ROGERS , cashier, London County and Westminster Bank, Marylebone. On January 23, at 2.50 p.m., prisoner presented cheque produced. I immediately saw it was not the signature of Lady R. T. Byng and passed it to a clerk to take to the manager's room. Prisoner, who remained at the counter, was shown into the waiting-room. As he passed the swing door he became agitated and requested to be allowed to go to the lavatory, which he did. The police were sent for.

Cross-examined. Another clerk guarded the outer door—prisoner might have got out if he had gone instantly on my passing the cheque.

PERCY HODGSON DIGNUM , manager, London County and Westminster Bank, Marylebone. On January 23 prisoner was shown into my room and the forged cheque produced was handed to me. I asked him if the cheque was in his handwriting, if he had signed or endorsed it. He said, "No." I asked from whom he had obtained it. He said. "From a Mr. Gibbs." I asked what Gibbs was; he said he was a casual gambler. I asked what that meant; he said, "Well, he does the three-card trick—gambles here and there and bets a little." I asked his name and address; he said, "William White" and that he lived at some number in Fanshawe Street, New North Road, Hoxton. I made a pencil memo, of the address on the back of the cheque. I am not certain how it arose, but I was informed by one of the cashiers that there was a taxicab waiting with somebody to know the fate of this cheque. Prisoner said he had the cheque from Gibbs in payment of a gambling debt of £2 and they had arranged to come to the bank in a taxicab from near the Bank of England, and he was to present the cheque and cash it, retain the £2 due to him, and hand over the balance. The messenger went out and found the taxicab had gone, but he came back with a slim, dark, very sallow complexioned man with a dark moustache, who spoke with a slight foreign accent, about 5 ft. 8 or 9. Prisoner said at once, "No, that is not the man." Prisoner had then been in the bank about a quarter of an hour.

Detective GEORGE FARROW, D division. On. January 23, at 3.30 p.m., I saw prisoner detained at the London County and Westminster Bank, Stratford Place. The manager said, "That man is in possession of a stolen cheque which he has presented for payment." I told prisoner I was a police officer and that he had presented for payment a forged cheque that had been stolen from a cheque book belonging to Lady Rachel Byng. He said, "I know what you are talking about." I said I should take him in custody to Marylebone Lane Station and detain him for inquiries. He said, "The cheque was given to me by an acquaintance; his name is Gibbs. I put the cheque on the counter and was then told to come in the office, where I remained until you came. About two o'clock, after having a drink, I asked Mr. Bernstein, of the second public-house in Houndsditch from Bishopsgate Street end, if it was a genuine cheque. He said, Yes, it is an open

cheque—if you go to the bank and present it they will exchange it for you. Gibos was with me a; that time. Gibbs said he got the cheque by the three-card trick off a fellow dressed like a midshipman. Mr. Bernstein can be produced to say that this part of my story is true. I have been made a dupe of." When charged at Marylebone Lane Station he said, "How can you with your experience as a police officer charge me with forgery. The lady has just stated that it is nothing like her handwriting." He gave a vague description of Gibbs, as a man 5 ft. 7 or 8, about 30 years of age, dark, dressed in dark clothes, with a bowler hat. I saw the landlord at the second public-house in Houndsditch, whose name is Goldstein, not Bernstein. Cross-examined. I learned from Goldstein that a man of prisoner's description had been at this public-house. (The Recorder said Mr. Wickham was not strictly entitled to get Goldstein's evidence in without calling Goldstein.) Prisoner afterwards told me the man who came into the Bank and who had been waiting there for 15 minutes was Gibbs: he said he was frightened and he denied it. Prisoner asked me to try and find Gibbs. He said the man Gibbs got the cheque from was dressed like a midshipman. He wrote a letter to the Assistant Commissioner of Police giving his description. Macpherson was arrested on the Friday following, but not as the result of that letter.

Re-examined. There is no difficulty in getting Goldstein here. Prisoners letter is at Scotland Yard. I can telephone for it.

(Defence.)

WILLIAM WHITE (prisoner, on oath). I live at Fanshawe Street, Hoxton. On January 23 at 1.50 p.m. I was in the bagatelle room at a public-house in Church Row, Houndsditch, when Gibbs came in. He said, "Bill, I owe you two quid. If you can get this cheque changed for me for £6 I will pay you that £2 what I owe you." I knew nothing about the cheque, I thought I would be on the sure side before I entertained it, and I said, "Well, if you come down to a publican that I know—Bernstein's (his real name is Goldstein)—I have been in and out of the house as a customer." He said, "All right. I will come with you." We went there and had a glass of bitter each. I said to Goldstein, "This man owes me £2 and he tells me he has just won this cheque at cards; will you tell me whether it is a good cheque or not." Goldstein looked at it and said, "Yes, good, yes, it is an open cheque. If you take it to the Bank they will change it for you." We went to the Bank in a taxicab. Gibbs said he would wait outside the Bank while I went in to change the cheque. I put it on the counter. I saw the manager and the cashier and after some time Gibbs was brought in. I was that excited at being charged with forgery that I did not know what I was doing and I said, "That, is not the man." It was Gibbs, and he had been waiting outside for a quarter of an hour. I asked the police and wrote to the Commissioner of Police letter (produced) giving a description of Gibbs. I had had a visit from a friend who had informed me that Gibbs had got the cheque

from a man dressed like a midshipman about 23 or 24 years of age, of sallow complexion, who had been at the docks trying to get a ship to get away from Liverpool, and I asked the Assistant Commissioner to try to get the man arrested to prove my innocence. At the police court I was promised that my letter should be produced.

Cross-examined. I have known Gibbs two years, meeting him casually in public-houses. I did not suspect there was anything wrong with the cheque. I knew Gibbs was a gambler and that he might have got the cheque improperly by the three-card trick. I did not know where Gibbs lived.

JOHN MCPHEESON (brought up in custody). I was formerly in the employ of Lady Rachel Byng as a footman. I took two cheques from her cheque book and forged the cheque produced for £6. I gave evidence at the police court in this case. I had never seen prisoner before. I was in the train going to the Albert Docks and gambled with a party of young men, to one of whom I gave the cheque. I was arrested on January 26.

Cross-examined. I parted with the cheque about a week before my arrest, on the Tuesday. I dated it the day before; it is dated January 22. (Witness wrote the words "Self—Six pounds—R. T. Byng—22-1-12—£36" on a paper which was handed to the jury.) I was arrested on Friday and was informed that a man had been arrested for uttering the cheque. I told the inspector what I have stated to-day.

Verdict, Not guilty.

SEAGRAVE, George Alfred, otherwise George Wilson (34, metal worker) , obtaining by false pretences from Thomas Quick two tons weight of zinc, the goods of Charles Napier Mills and others, and from William Henry Slack a quantity of old metal, the goods of John Edwin Pinder, in each case with intent to defraud.

Mr. Duncan Wallace prosecuted.

HERBERT GIBBS , clerk to Miles, Druce and Co., 29, Upper Thames Street. On May 11, 1911, I received a telephonic message and prepared two tons of zinc for delivery. Cheque produced was sent up to me signed J. Burton," with whom we had had a previous transaction. The cheque was returned by our bank marked "No account." With the cheque I received billhead produced.

THOMAS QUICK , clerk to Miles, Druce, and Co. On May 11 at 4.30 p.m. prisoner presented to me order and cheque produced and asked whether Leftwich's van had come. I said, "No." He said, "I will go and wake them up"; in the meantime I said I would get the zinc ready. I sent the cheque up to Gibbs and received authority to deliver two tons zinc. At 4.45 Leftwich's van arrived, and the zinc was loaded. The carman came in and asked if there was any change out of the cheque. I said if he wanted any change he would have to go to the office, otherwise it would be sent on. Prisoner came in and said he had not told the carman to ask for change; that would be all right; and left with the van. I next saw prisoner at Bridewell Police Station about a month ago.

JAMES BURTON , 2, Bramber Road, West Kensington, sheet-metal maker. Prisoner was in my employ for a month to about the middle of April, 1911. I ordered some zinc for a job at Victoria from Miles, Druce and Co. Prisoner went with my landlord to buy it. Cheque produced is not signed by me; I never had an account with that bank. The billhead produced is mine, but the order written upon it is not my writing; I know nothing of it.

Cross-examined. Prisoner has worked with me on and off for about eleven years; he has written a large number of cheques for me. I do not recognise the cheque or billhead as his handwriting. Eleven years ago I had an account with the London and South-Western Bank, Holloway; he has drawn money out for me there. I do not know of his having stolen any cheque from me.

JOHN ARTHUR FANSHAW LEWIS , assistant cashier, National Bank, Limited, Harrow Road. We have never had an account in the name of J. Burton. Cheque produced is out of a book issued on May 12, 1907, to Frank Corney, builder, 7, Orchard Street, Harrow Road.

GEOKGE SARGEANT , carman to Leftwich and Co., carmen and contractors, 58, Upper Thames Street. On May 11, 1911, at 4.15 p.m., prisoner asked for a van to shift some goods from Miles, Druce and Co.; I sent a van driven by Osborne; prisoner was to pay 10s., which we have not received. The next day the van returned with a quantity of zinc, which we returned to Miles, Druce and Co. I knew prisoner as Burton and had a previous transaction with him on April 8.

ALBERT CHARLES OSBORNE , carman to Leftwich and Co. On May 11 I was directed to go with my van with prisoner, who was referred to as Mr. Burton. He told me to drive to Miles, Druce and Cc, get two tons of zinc, and ask for the change. At Miles, Druce and Co. they told me they would send the change on, which I told prisoner. He then directed me to drive to Blackfriars Bridge, which I did; prisoner joined me, we had one or two drinks, and drove to New Road, Battersea. He pulled up at a public-house, paid for a drink, and left me, saying he would be back in a minute. As he seemed a long time I went outside and saw him talking to a man whom he called Walter and who said, "It is no good to me, George, it is new loaded stuff; I cannot do anything with it." Prisoner told me to drive to Oakley Street, Lambeth; we pulled up outside a ragshop with the name of Simms, where he went in, came out, and said, "He won't have it: where is your stable?" I told him Whitechapel; he said, "Drive that way." On the way he told me he had got the load very cleverly, he had "got it on the nozzle." He offered me "a £5 note and five of the best golden sovereigns" if I would take it somewhere in Fleet Street. I refused and told him I would give him in charge. At that moment my horse got restive and when I looked round for prisoner he was gone. I next saw him at the Mansion House. I took the zinc to Leftwich's yard and the next morning delivered it to Miles, Druce and Co. Prisoner gave me billhead produced, which aroused my suspicion, because it is in the name of "Geo. Seagrave," whereas his name was given to me as "Burton"; the billhead directed where I was to go

for the £5 note and five sovereigns if I would take the zinc to Fleet Street.

Detective-inspector ALBERT HINE, City. On January 25, 1912, at 3.30 p.m., I saw prisoner in New Bridge Street. I said, "George Alfred Seagrave?" He said, "You have made a mistake, that is not my name; my name is Williams." I said, "I have reason to believe your name is Seagrave and that you are wanted on a warrant for obtaining a quantity of zinc from Miles, Druce and Co., Upper Thames Street, and also a quantity of old metal from a Mr. Pinder." He said, You have made a mistake; my name is Williams." I took him to Bridewell Police Station and again stated the charge. He said, "I never had any zinc from Miles, Druce and Co. in my life by worthless cheque." He was then put up with eight other men and picked out by Sargeant and Quick. When formally charged he said, "These charges are not all right."

JOHN EDWIN PINDER , 143, Hampstead Road, builder. On September 5 prisoner called on me, presented a card of George Longhurst and Co., and said he represented that firm; could he quote me for zinc. I said I had just placed the order, but he might get part of two tallboys which I had not ordered. He went down to the job and saw my foreman—he saw there a lot of old metal, 'phoned up to me and said he would give me a price for it; he offered a price per hundredweight. I said that would involve weighing the stuff up and he had tatter quote a lump sum. He then offered £15, which I agreed to take. Two days afterwards I received from my foreman cheque produced for £15, signed Longhurst and Co.; as it was rather dilapidated, I called with it at the bank; they said it was useless—there was no account. I have not been paid for the old metal.

HAERY SLACK , foreman to J. E. Pinder. On September 5, 1911, prisoner was introduced to me by Pinder on the job at 7, Camomile Street. Prisoner took particulars of some zinc tallboys that were to be erected, and started talking about his knowing Mr. Pinder for some years; he noticed the old lead lying about which we had removed from the roof. On September 7 he came again and said he had made a bargain with Mr. Pinder for the old zinc and lead that lay about the job; would I telephone in Pinder? We went across to the public telephone; prisoner spoke first to Pinder and I then spoke and learned that he was to have the old metal for £15 Prisoner removed it during the day, giving me cheque, signed Longhurst and Co., for £15, and receipt (produced) signed "George Wilson for Longhurst and Co."

Cross-examined. There might have been 15 cwt. of old metal and zinc left on the job. Prisoner gave me the cheque before he had the goods.

GEORGE LONGHURST , trading as J. Longhurst and Co., Homerton, metal-plate worker. In August last prisoner was introduced to me by my partner. He asked for some of my cards, which I gave him. Cheque (produced) on L. and S. W. Bank for £15 was not signed or authorised by me; I had no account at that bank at the time. I never authorised prisoner to buy metal for me from Pinder, nor to deal in my name for metal.

Cross-examined. Prisoner brought me some inquiries for metalwork, and handed me a specification of J. D. Walker for work to be at a post-office in Great Dover Street for W. J. Matherson, of Canning Town. I wrote to Matherson, and was informed that the order had been placed. He brought me an order for tallboys from Pinder; he may have spoken about some old metal. I have quite recently opened an account at the London and South-Western Bank.

(Wednesday, March 6.)

CHARLES BENJAMIN PINKERTON , electrician, 35, Queen's Road, Caister. I have known prisoner for about 15 years. I met him at the end of August last year, and we went to a place in Camomile Street. He asked me to order a cart for him, as he had bought some metal. I did so. The cart was loaded with metal, and we went with it to Barnard's. I did have an account at the Fenchurch Street branch of the London and South-Western Bank, which I closed about six years ago. This cheque is a cheque on that branch. Assuming it to be one out of my cheque-book which I had at that period, I have no idea how it would come into prisoner's possession.

REGINALD BRAITHWAITE , clerk, London and South-Western Bank, Fenchurch Street. This cheque was issued to Charles B. Pinkerton, whose account was opened on May 19, 1904, and closed on March 31, 1905. The cheque is signed Longhurst and Co. We have no such account. (To the Court.) Mr. Pinkerton's cheque book did not come back.

SIDNEY WYATT , clerk to Barnard's and Sons, metal dealers, of 144, Lambeth Walk. On September 7 prisoner came with two other men with a load of metal. I said, "Are you Longhurst?" He said, "Yes, I am Mr. Longhurst." I weighed the metal and he was paid by cheque, £10 8s. 3d.

(Defence)

GEORGE ALFRED SEAGRAVE (prisoner, on oath). I did not see the goods referred to on May 11. I did not load, them into the van; I did not ride in or walk by the side of the van. I did not offer the said goods to any rag merchant for any such sum as £38. Had I been the happy possessor of two tons of good merchandisable zinc on May 11 I should have had no difficulty in disposing of the same for the full market price. Regarding the second transaction of old metal, I positively had no idea of obtaining it by false pretences, because the cheque was given to the foreman in the public-house half an hour after the goods were loadec up and when the van itself was outside the public-house. (To the Court.) I do say that as the van was loaded up before I handed over the cheque that therefore I did not obtain the old metal by the cheque. The reason I gave a wrong name to the police officer was because! thought he was a private officer connected with a bank ruptcy notice, with which I had been threatened. (To the Jury.) I never bought two tons of zinc for John Burton. I did not see the zinc. I did not offer it for sale. What the carman says about going round

with me to several places with it is untrue. I heard Mr. Quick say I handed him a cheque and order, but that is untrue. I know nothing whatever about the transaction.

Cross-examined. I got possession of the cheque signed "H. Longhurst and Co." by getting an overcoat of Charles Pinkerton's out of pledge in one of the pockets of which was the cheque. It was not then filled up for £15 or signed "H. Longhurst and Co." I filled it up. I say I was allowed to act for Mr. Longhurst in that transaction.

Verdict, Guilty.

Two previous convictions for false pretences were proved.

Sentence: Twenty months' hard labour.

BEFORE JUDGE LUMLEY SMITH.

(Tuesday, March 5.)

GOLDING, Frederick Arthur (22, cook) , stealing a post letter and I certain valuable security, to wit, a banker's cheque for £2 7s., the goods of Ada Miller; forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for £62 7s. with intent to defraud the National Provincial Bank of England, Limited; feloniously obliterating the crossing on the said cheque with intent to defraud; stealing a post letter and a certain valuable security, to wit, a banker's cheque for £1 2s., the goods of J W. Avant and Company, Limited; forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for £60 2s., with intent to defraud the Capital and Counties Bank, Limited; feloniously obliterating the crossing on the said cheque with intent to defraud.

Mr. Leycester and Mr. Waldo R. Briggs prosecuted; Mr. J. St. John McDonald defended.

The indictment for forging and uttering cheque for £62 7s. on the National Provincial Bank of England was proceeded with.

ADA MILLER , carrying on business as Ada Blanche, 159, Sloane Street, milliner. On January 3, 1912, I owed J. R. Rylands £2 7s. and at 5.10 p.m. posted cheque produced to them for £2 7s. on the National Provincial Bank: of England; it has been now altered to £62 7s. and the crossing has been Obliterated.

JOHN HENRY PERKINS , manager to H. R. Rylands, 12, Brompton Road, stationer. In January £2 7s. was due to us from Mrs. Miller. Cheque produced has not been received by me; the endorsement is not that of my firm.

ALFRED JOHN TAYLOR , clerk, National Provincial-Bank of England, Sloane Street. Mrs. Miller has an account at my bank in the name of Ada Blanche. On January 4 between 3 and 4 p.m. cheque produced for £62 7s. was presented by the prisoner. I asked how he would have it; he said, "£30 in £5 notes and the rest in gold," which I handed him. I afterwards noticed the crossing had been obliterated. On January 16 I picked prisoner out from a number of others.

Cross-examined. By daylight the erasure of the crossing is very clear.

Detective-inspector ALBERT DRAPER, B Division. On January 16 I saw prisoner in custody at Walton Street, Chelsea, Police Station, when Taylor identified him. I told prisoner he would be charged with stealing a letter and with uttering a forged cheque and thereby obtaining the money from the National Provincial Bank of England. He said, "I can prove that I did not have the letter." I then took him to Westminster Police Station. On the way he said, "I did not steal the letter; I should like the Magistrate to know about that. It is the only job that I have done. I only had £7 10s. out of it."

Cross-examined. At the police court I said that prisoner had said, "I can prove that I did not get the letter; that is the only one I have ever done and I only had £7 out of it. I did not steal the letter and I should like the Magistrate to know that." I showed prisoner the cheque but I did not ask him if he forged it or uttered it or stole it.

(Defence.)

FREDERICK ARTHUR GOLDING (prisoner, on oath). I am 18 1/2 years old and am a pastrycook. On January 4 I cashed this cheque. I told the police and the Magistrate I got £7 out of it. On Christmas Day, 1911, J was seeing a football match at Fulham and made a bet of 1s. on Chelsea with a bookmaker. Chelsea won and he paid me. He being a respectable looking man I asked if he could give me some work; he said he would try and help me and took my name and address—171, Fulham Road—where I live with my sister. He said his name was Mr. Barney Robinson and I should hear from him. Three or four days after I received a postcard asking me to meet him at 2 p.m. at the Piccadilly Tube Station, which I did. He took me into Lyons's Popular Cafe in Piccadilly, paid for some tea, and asked what business I had done. I said I was a pastrycook by trade. He said he would be willing to open a business if I did the cooking for half the profit. I agreed. He said he wanted me to cash a cheque for him at Sloane Street. I asked why did not he cash it himself; he said he had other business, gave me 2s. for my fare to Sloane Street, and told me to get six £5 notes and the rest in gold and to meet him at 5 p.m. at Lyons's. I went straight to the bank, presented the cheque, got the money, and handed it to him at Lyons, where he again paid for tea and gave me £7, telling me I was to look after a business and I should hear from him again. I went to Hollingbrook's at Walham Green, where the clerk told me I should want £25 for a business. About January 11 I received a postcard to meet Robinson at Lyons's on Saturday. January 13 at 11.30, which I did. He asked if I had been about the business. I said I should want £25 to start it. He said he would be witting to find that amount and asked me to cash a cheque for £60 2s. in six £5 notes and the rest in gold. I cashed it at a bank in Oxford Street, met him again at Lyons's, handed him the money, and he grave me £5. He told me to meet him again next Saturday at Piccadilly Tube Station

and he would see how I was progressing with the business. I had no idea the cheques were bad. I simply went straight to the banks and drew the money. I was trying to get a bakehouse. Robinson said he would give me the money to start it.

Cross-examined. I do not know where Robinson lives; he said he travelled all over England—all over the world. I did no work for him except cashing the cheques. It never occurred to me that there was anything wrong with the cheques, not knowing anything about cheques. I was not surprised when he gave me £7 looking at the big amount I drew. I told Draper I got £7 for cashing it. I did not say it was the only one I ever cashed.

Re-examined. I got the £7 to start the business—a pastrycook's shop.

To Mr. Leycester. I never told this story to the police or the Magistrate. I was never asked how I came to be in possession of the cheques.

Verdict, Not guilty.

(Wednesday, March 6.)

The indictment for forging and uttering a cheque of the value of £60 2s. was now proceeded with.

Mr. E. L. Hadfield prosecuted; Mr. St. John McDonald defended.

Mr. McDonald raised the plea of autrefois acquit, submitting that prisoner had virtually been tried upon the same charge yesterday and acquitted by the jury.

Judge Lumley Smith refused to accept the plea.

VICTOR CULLEN , surveyor, 6, Mortimer Street, W. This is my signature on the cheque (produced). When I drew the cheque I made it payable for the amount of £1 2s.; the amount is now altered to £60 2s. I crossed the cheque and made it payable to Messrs. Avant and Co., Limited. It was sent by post on January 12. I have not at any time authorised anybody to obliterate the crossing or alter the amount.

HUBERT ARMSTRONG , clerk to last witness. I posted the letters of the firm on January 12; amongst them was one addressed to Messrs. Avant and Co.

Cross-examined. I could not really remember what letters I posted that day.

Re-examined. I know Messrs. Avant's letter was entered, stamped, and put aside to post.

EDWARD ERNEST GARON , salesman, in the employ of Messrs. Avant and Co. When I left Avant's premises on January 12 the letter box was securely locked. On January 13 I found it had been broken open and emptied of its contents. The endorsement on the cheque is nothing like that of my firm.

EVEHARD FRANCIS WEBSTER , clerk, Capital and Counties Bank, Oxford Street. On January 13 this cheque was presented by prisoner. The clique is made payable for £60 2s. It was an apparently open

cheque when presented and was apparently endorsed by Avant and Co. I cashed it and prisoner took £30 in notes and the remainder in gold.

Cross-examined. My bank are prosecuting. They will have to lose the money, except £1 2s. When I put the cheque down on the table I cannot see the crossing. If I held it up I can see the obliterated crossing. While the cheque was being examined the prisoner stood there the whole time. He showed no signs of flurry. He looked like an honest man. He stood waiting to have the money paid to him.

Re-examined. I did not spend the whole time watching him. I was engaged in counting out the money and writing down the notes. When the cheque was handed to me the obliteration was not apparent; if it had been I should not have cashed the cheque. The time was between 11.30 and 12 I should say. My reason for fixing the time is that I went off to do other work from, I think, 12.30 till one.

Detective THOMAS NICHOLLS. I searched prisoner when he was arrested and found upon him £6 8s. 10d. I think that was January 15, Monday; the cheque was presented on Saturday, 13th. I also found upon him a cap and muffler. He was wearing a bowler hat at the time.

Sergeant CHARLES VANNER, C division. On January 24 prisoner was charged at Rochester Row Police Station with forging and uttering this cheque. He said, "I admit this case, but I had only £5. I remember that gentleman" (pointing to Mr. Webster, the cashier). "I thought he would pick me out. This job and the other I was charged with last week are the only two I have done." I made a note of this reply; two minutes afterwards. On January 31 prisoner was charged with stealing the letter containing the cheque. In reply he said, I put it over the counter, but did not steal it." When the charge was read over he said, "Yes."

FREDERICK ARTHUR FOLDING (prisoner, on oath) repeated the story he told yesterday as to having received this and the other cheque from Barney Robinson.

The jury disagreed.

(Friday, March 8.)

Prisoner was again tried upon the indictment as to the cheque for £60 2s.

The evidence given on March 6 was repeated.

In addition the prosecution called in rebuttal the following witness.

HENRY LESLIE CHEESEMAN , clerk to Mr. John Hollingsworth, auctioneer and surveyor, Effie Road, Walham Green. I do not ever recollect seeing prisoner at our place of business. We have no such name as his on our books between January 3 and 13. If he came in and asked, "Can I buy a business for £7," that would not necessarily go into the books. It would only do so if he had particulars, or if particulars were sent on. I know no house agent named Hollingbrook anywhere near us.

Cross-examined by Mr. McDonald. We have a junior clerk about 17. He is not here. I am 26 years old. We have quite a small office on the ground floor. I am not always in the office. There used to be a Mr. Thomas Inch, who had offices at Walham Green, facing the station. He has been gone some months.

Verdict, Guilty of uttering; the jury added a strong recommendation to mercy.

Detective-inspector ALBERT DRAPER, B. Division. Prisoner first became known to the police in 1908, when he was bound over at West London Police Court for stealing tobacco. In August, 1910, he was bound over for stealing fruit. In December, 1910, he had six weeks, second division, for stealing an overcoat in the name of Frederick Messenger. In July, 1911, he was sentenced to three months' hard labour at Westminster Police Court for putting some sticky substance inside a letter-box with another man: he was dealt with as a suspected person. The other man was sentenced at Bedford for uttering cheques that has been stolen and forged. There are a gang of 12 or 14 who have been working the Fulham District, stealing from letterboxes and forging. The prisoner does the putting over the counter business. I have not known him do any honest work during the past two years. Sentence: Two years' detention in a Borstal institution.

BEFORE JUDGE RENTOUL.

(Tuesday, March 5.)

WILLIAMS, Frederick (22, labourer) , stealing one kit bag and other articles, the goods of Audley Mervyn Duke, and feloniously receiving the same.

Mr. Eustace Fulton prosecuted.

AUDLEY MERVYN DUKE , 69, Lansdowne Road, Old Charlton, Kent. On December 19 I was a passenger from Newcastle to King's Cross. I had the bag produced with me. I last saw it at Newcastle on a barrow in charge of a porter. Among the contents of the bag were these books and rule. On arriving at King's Cross the bag was missing. I gave notice at the lost property office. On the following day I saw the bag at Somers Town Police Station. The books and rule were not in it. Other contents were missing.

CHARLOTTE BATEMAN , 11, Charles Street, Somers Town. On December 13 I found this bag on my doorstep. I took it to Somers Town Police Station.

ALICE FAIRBANKS , 192, Seymour Street, Somers Town. Prisoner is my brother. Six weeks ago the police took this box from my room. It belongs to my brother.

Detective-sergeant FREDERICK BUTTERS, Y division. On January 16 I took the box from last witness's room to Somers Town Police Station. I unlocked it. I found in it these books and rule, also other stolen property. I saw prisoner at Clerkenwell Police Court on February 14.

He was charged with stealing property of the Great Northern Railway Company and made no reply then. Afterwards he said, "I broke the bag open in Euston Road and gave it away."

Cross-examined by prisoner. You made the statement at Clerkenwell.

PRISONER. I cannot say anything else, because t have not been able to get here the warder who was in charge of me. If I had him here you would find that the statement was different. I cannot say anything more. I might explain, but it would not be right perhaps.

Verdict, Guilty of receiving.

Prisoner was further indicted with stealing one electric lamp, three lamp bowls, and other articles, the goods of the London and Northwestern Railway Company, and feloniously receiving the same.

Mr. P. Grain prosecuted.

ALICE FAIRBANKS gave similar evidence.

Detective-sergeant FREDERICK BUTTERS. Prisoner said nothing about this London and North-Western Railway charge when I saw him at Clerkenwell on February 14.

GEORGE FREDERICK BROWN . I am chauffeur to Mr. Randall Williams, of Birkenhead. I was driving him from London on December 23. The car broke down and it was given in charge of the railway company to put on rail. I identify these articles as those I put in the cupboard of the car before it was handed to the company.

WILLIAM SCARH , assistant foreman, Euston Station. I recollect the car coming up on December 23. It remained till the 25th, when it was taken away.

Mr. POCOCK, Brook Street, W., motor engineer. Mr. Williams's car was brought to me on December 25 for repair. These articles were missing.

Prisoner. All I can say is I bought these things off the fellow I bought the other things off of. I asked where he got them from; he said he picked them up.

Verdict, Guilty of receiving.

Previous convictions were proved.

Sentence: Four months' hard labour on each indictment, to run consecutively.

SULLIVAN, Frederick (37, labourer), and RICHARDS, Samuel (34, labourer) , stealing 120 fathoms length of Manilla rope, the goods of William Cory and Sons, Limited.

Mr. Curtis Bennett and Mr. Hutchinson prosecuted; Mr. TullyChristie defended Sullivan.

Police-constable HERBERT WEST, 201, Thames Police. On February 9, at 2.30 a.m., I was on duty with two other officers proceeding down the river towards Freke's Wharf, Greenwich. Alongside a raft was a boat with two men in it, one in the stern and one in the bow. We pulled our boat in towards the shore. I saw Richards get on the raft and disappear. I saw Sullivan on the short, 3 ft. or 4 ft. from the how of the boat. I took a lamp and made a search of the

raft. I found Richards in a larger skiff at the other side of the raft apparently asleep. I called Sergeant Porter's attention to him. I did not hear the conversation they had. I saw no one else in the neighbourhood. There was a quantity of rope in the boat. Sergeant Fryer took charge of that.

Cross-examined by Mr. Curtis Bennett. I first noticed the boat these men were in when we were 20 ft. away. It took us a matter of three or four seconds to pull to the shore.

RICHARDS: I don't ask anything; I know nothing about the case. Sergeant FRYER, 49, Thames Police. When passing Freke's Wharf, Greenwich, I heard a noise like a boat grating on the shore. I saw the two prisoners in the boat, Sullivan was in the head of the boat about to jump; Richards was in the stern, making the stern of the boat fast to a post alongside the raft. He made the boat fast with two half hitches. He then jumped on the raft and went round to the shore end and disappeared. I saw no one else. I searched the vicinity. No one could escape West found Richards. I went to where West was. Richards appeared to be asleep, but when I saw him he was smoking a pipe; the pipe was alight. He said to Sergeant Porter, "I know whose boat it is," or "whose rope it is."

Cross-examined. I asked Sullivan whose boat it was. He said he did not know. He said they knew nothing about the rope. We were about 20 ft. to 30 ft. from the raft when Sullivan jumped. It was a clear night. There was no moon. It took us two or three minutes to get to the shore. Sullivan was then on the foreshore in a stooping position. He had his trousers down. The raft was aground; the tide had flown. I have known prisoners five or six years. I am positive they are the men.

Sergeant PORTER, 52, Thames Police, corroborated.

EDWARD LEOPOLD CANNON , 84, Moncrieff Road, Peckham, clerk, and WILLIAM GRAY, foreman, identified the rope as the property of William Cory and Son, Limited.

Sergeant GUY MERCER, Thames Police. Exhibit 2 was handed to me by last witness. It is a piece of the end of a rope which was left on The dummy barge. Prisoners were brought to Wapping Station at 7 a.m. on the 9th. I told them they would be detained pending inquiries respecting the boat they were using. Sullivan said, "The beat belongs to a man named Childs; he is away now on the cable ship, John Pinder. I have been using it while he has been away with his permission, but I was not using it this morning. Richards could hear what Sullivan said. He made no reply. When charged they made no, reply.

(Defence.)

FREDERICK SULLIVAN (prisoner, on oath). I was indoors on February 8, at 10 p.m. My wife was dying. I came out at half-past so as to let the woman who was with her shake her bed up a bit. I went back at 11.30, saw my wife again. I went to the bottom of the street. I thought I would have a sit down on the raft a little while, which if you

stop there the police shoves you. I dozed off to sleep When I woke up the clock struck two. I wanted to ease myself. I saw the police passing by 30 or 40 ft. off. I got up and, jumping off the raft on to the shore, they heard me, and as they looked round they see me standing up. They stopped, and said, "What are you doing there?" I said, "You can see what I am doing; I am easing myself." They said, "Whose boat is it?" I said, "I do not know; I did not look to see." After I got in their boat he said, "Whose rope is it." I said, "I do not know; I did not know the rope was there."

Cross-examined. I could tell they were police officers; you can always tell the way they row. I did not go there for the purpose of sleeping on the raft. I stopped there a little while to let my wife get a sleep. I did not see Richards till the police fetched him out. He was nowhere near me. I did not hear a boat come in, which the police say came within 3 ft. of where I was found. No boat was within that radius, or within 10 or 12 ft. When they asked whose boat it was I had to look to see. Then I said, "I know whose boat it is; it belongs to a man named Childs." I said this at the station as well, and that he had gone away on the John Pinder, and that I was using it with his permission. I did not know the boat was there; it was a pure coincidence.

Verdict, Guilty of unlawful possession.

Sullivan confessed to a previous conviction. Five other convictions were proved against him and one against Richards.

Sentences: Sullivan, Eight months' hard labour; Richards, Six weeks' hard labour.

GRAINGE, Thomas Walter (27, police-constable) , stealing one bicycle, lamp and cape, the goods of Ernest Saunders.

Mr. Drummond prosecuted.

ERNEST SAUNDERS , Henry Cottage, Yalding Road, Bermondsey. On February 21 about 9.45 p.m. I left my bicycle in the yard at the back of the "Swan," Charlton Village. Other cycles were there. The headquarters of the Westcombe Park Cycling Club are there. I left at 12. My bicycle was not there. I reported it to the police and saw my bicycle about 7 next morning. I had not seen prisoner before the Thursday following.

Cross-examined by prisoner. The roadway is about 20 ft. from where the bicycles were. It is not possible to see the bicycles from the window where the club is held. I saw no policeman up there at any time.

Sergeant H. SABAN, 47 R. I was in Combe Dale Road, East Greenwich, at 1.55 a.m. on February 22. I saw prisoner wheeling this bicycle on the footway, coming in the direction of the police station from Charlton Village. He was in plain clothes. He left the bicycle outside the station and went inside. I looked at the bicycle. I said nothing to prisoner about it. He came out in about three minutes and wheeled it away. I did not know then that it had been reported lost. I went into the station and made a statement to Inspector Woodmore.

To prisoner. When I went into the station I saw a manuscript which was being written out by Inspector Woodmore to be sent to the printer. I did not know where the bicycle had been taken from then. I found by seeing the book there was a bicycle missing. The reason I was near the station was because I was waiting to relieve Inspector Woodmore. I had never seen you with a bicycle. (To the Judge). Nearly every policeman has a cycle. He applies to be authorised to ride on duty. I should know those that are authorised. I had an idea this man had not one. (To prisoner.) It is about 1 1/2 miles from Charlton Village to the police station. (To the Judge.) Prisoner was off duty about 1.20 a.m. Being a married man he would go home in uniform. About half an hour later he was in plain clothes. I did not speak to prisoner before he went into the station. I saw him leave the cycle outside. I went and looked at it.

Inspector WOODMORE At 12.40 a.m. I was on duty at Westcombe Park police station when prosecutor made a statement to me. I saw prisoner at 1.30 coming off duty in uniform. At 1. 55 he came to the station in plain clothes. I asked him what he was doing. He told me he had taken his lamp home by mistake. He put it away in a cupboard and left the station. At 2 a.m. Sergeant Saban made a statement to me. I went to prisoner's residence to see if I could see him. I did not find him. On the pavement outside in the forecourt I noticed wheel marks as if a bicycle had been taken into or brought out of the house. I left Sergeant Scott outside to keep observation and went to make further enquiries myself. At 4. 55 Sergeant Scott came to the station with prisoner and the bicycle. I said to prisoner "That bicycle you have was lost from the, rear of the 'Swan' public-house. How did you become possessed of it." He said, "I was going back to Charlton with my lamp and cape when a man who I have seen before asked me if I was in a hurry. I said yes. Then he said 'You had better take my bike. 'So I did so and afterwards went for a ride." I asked him if he would know the man again. He said "No, I do not think I should." I told him his explanation was not satisfactory and I should detain him until I had made further enquiries. At 1 o'clock he was charged with stealing and receiving the bicycle. He made no reply. He was searched and on him I found a cap (Exhibit 2) in his jacket pocket. The cap was underneath the bicycle saddle when it was lost. He left his patrol at 1 am. He would have to pass his own house to come to the station to report. He had not. been drinking.

Sergeant SCOTT. On February 22 at 3 a.m. I kept observation on prisoner's house. I saw him at 4.45 a.m. riding the bicycle. I told him he was wanted at the station. He said, "Do you know what for?" I said, "No; Inspector Woodmore wants to see you." He said, "All right; I will put the bike inside." I said, "That does not matter, bring the bike with you." On the way to the station he said, "A chap lent me this to ride home on; I have just had a ride as far as Woolwich and back. Have you been waiting for me long?" I said "No."

He said further, "He will be on to me for being out so late," meaning Inspector Woodmore, to which I made no reply.

To prisoner. I said nothing to you about a bicycle being stolen that morning.

ERNEST SAUNDERS , recalled. (To the jury.) I did not speak to any constable before I went to the station. I did not look for one.

(Defence.)

THOMAS WALTER GRAINGE (prisoner, on oath). I went on duty at 9 p.m. I did not see anybody take this cycle away. My patrol is about a mile round. There are three or four other beats between this patrol and the police station. I reported myself off duty, went home, and changed my clothes. I suddenly thought I had left my lamp on the window sill in my front garden, where I had taken it off, being in a hurry to make water, and hurried back. The station is between five and ten minutes' walk. On my way back I passed a man wheeling this bicycle about half a dozen houses from where I live. He said, "Hallo, are you in a hurry." I said, "Yes, I have been and reported myself off and forgot my lamp." I got my lamp off the window sill and hurried to the station. I thought I was likely to get choked off for leaving my lamp on the window sill. Turning round Sebert Road I picked up with this man. He said, Here you are, take my bicycle, it will save you getting into trouble, I am going that way." I said, "All right," thinking he was a man living close to the police station and I should meet him there after giving my lamp in. I did not think he was a stranger. When I came back I could not see this man and thought I would go back along Woolwich Road and see if I could see him there. I did not think it necessary to take it back to the police station until I got a chance to see if I could find him. It would have been my intention to take it to the station if I had not seen the man. (To the jury.) The man was waiting while I changed my uniform.

Cross-examined. When I first met this man I was on the way back to my house to get the lamp. I did not accept the bicycle then. I met him again as I was going back at the lower end of Sebert Road. When I first met him he was going towards Woolwich Road. I overtook him on my way back with the lamp. I was not in a desperate hurry to get back to the police station. Thinking he was a local man 1 thought there was no harm in his offering me the bicycle. I have been in the force five years and eight months. I did not ask the man why he was so anxious to let me have the bicycle.

Verdict, Guilty of unlawful possession.

Sentence was postponed to next session.

BEFORE THE RECORDER.

(Wednesday, March 6.)

DENT, George (35, dairyman) , obtaining by false pretences from Ralph Whittard £1, from Albert Bernard Sporing one watch, from Clarence Dawes £1 6s. 8d., and from Thomas Alexander Thomas £1 12s. 6d., in each case with intent to defraud.

Mr. V. B. Mockett prosecuted.

ALBEBT BERNARD SPORING , Tottenham Court Road, jeweller. On December 12, 1911, prisoner bought of me a watch £3 15s. and a chain 4s. He asked if I would take a cheque, said that he knew the bank manager and that it would be all right; he also showed me his lease of 94, High Street, Hornsey, and gave me his card as a dairyman. I took cheque produced on the London County and Westminster Bank, which was returned dishonoured. I have since seen him several times and he has written me letters saying that he had been disappointed by one of his customers' cheques not being met and making excuses, until he was arrested on the complaint of another person.

Cross-examined by prisoner. In November you bought another watch with a cheque for £5 14s., which was dishonoured; you then gave me a cheque on another bank, which was also returned; you have not paid for that watch. I let you have the watch on December 12 because you made plausible excuses and prevailed on me to trust you. (To the Recorder.) I was relying upon the lease and the fact that he was a dairyman in business.

The Recorder. The false pretence alleged is that prosecutor gave prisoner the watch relying on the cheque and 'believing it to be a good and valid order for the payment of money. This evidence will not do. Call the next witness.

RALPH WITTARD , Victoria Place, Muswell Hill, hosier. On December 16 prisoner purchased a hat of me for 3s. 6d. He was a stranger to me. He asked me to change a cheque for £1 3s. 6d.—he gave me his card, "The North London Dairy, 94, High Street, Hornsey." Believing him to be a respectable tradesman, who had a banking account and authority to draw on it, I gave him £1 change for the cheque—which was paid into the bank by our Holloway Road Branch and returned marked "R. D." On December 29 be wrote asking us to present it again, which we did, and it was again dishonoured. On January 9 be again wrote saying it would be cleared. We have not been paid.

CLARENCE DAWES , 489, Hornsey Road, hatter and hosier. On December 19 prisoner, whom I have seen once before, bought two flannel shirts and a pair of pants amounting to 13s. 4d. and asked me to take in payment cheque (produced) for £2 on the L. and S. W. Bank. I at first refused as it is contrary to our rule. Prisoner produced his business card and said he had dealt with us before; after some hesitation I agreed to change it and gave him the goods and change. £1 6s. 8d. I suggested sending the goods to be paid for on delivery; prisoner was very persuasive and I obliged him by changing

it. I believed the cheque to be good and that it would be all right, as he was an established tradesman; the cheque was returned by my bank marked "R.D." On December 28 he wrote a postcard promising to forward. postal order. I have not seen him since and have lost my goods and £1 6s. 8d. cash.

To prisoner. I can only remember seeing you once before in the shop. I suggested to you that I should send the goods on and you to pay cash on delivery, but you said you wanted the cheque changed and, acting on your pressure, I changed it.

THOMAS ALEXANDER THOMAS , assistant to Mr. Sears, bootmaker, 5, Priory Pavement, Hornsey. On December 30 prisoner came in and bought a pair of boots for 13s. 6d.; he was a stranger to me. He asked me to change a cheque for £5 odd, but I would not do so. He then presented this cheque for £2 6s. and I gave him the boots and the change, £1 12s. 6d., thinking it was a good cheque. He told me who he was and that he had a dairy business, and asked me if I would be a customer of his, but at the time I did not say whether I would or not. The following day I presented the cheque, but it was returned to verify the payee, which was not initialled; some dairy had been altered to "Mr. Furness." The amount was also altered when I had the cheque. I got prisoner to make the necessary initiallings and represented it. It was again returned to me marked "account closed." I never had my money. He was arrested on the warrant I applied for. To prisoner. I saw one customer in your shop when I called. To all appearances the shop was clean; that was all.

PERCY JOHN BALL , clerk, London and South-Western Bank, Wood Green branch. On December 6 prisoner opened an account with £7 and I produce a certified copy of it. He subsequently paid in £1 5s. and £1 10s. His balance was exhausted by December 18 and he never paid in any further sum. He came to the bank on that date and I heard the cashier tell him he had no money at the bank.

Detective-sergeant ALFRED GROSE, Y division. On January 17, at 7 a.m., I went to prisoner's address at 94, High Street, Hornsey. I found him in bed. 1 read the warrant to him and he said, "Which of them is it?" I said, "The one for Mr. Sears, where you obtained a pair of boots and the change for the cheque." He said, "Are there any more charges?" I said, "I believe there are others, but I have not had time to formulate them." He said, "I have lost my cheque book or thrown it away. One cannot always remember what one does." I took him to the station, where he was charged; he made no reply. The business had been closed the previous January 2 or 3. On January 24 he was further charged with the £1 6s. 8d. obtained from Dawes and the watch from Spring. He nodded his head in assent, but he made no reply.

To prisoner. When I arrested you you said to your wife, "Go and fetch the money for the milk round that I have sold to Mr. Bennett," and she said, "What is the good of doing that? There are only two customers on the round all through your neglect."

GEORGE DENT (prisoner, not on oath). The trade I was doing when I paid away the cheques was about £5 on the round and about £6 in

the shop, and I had a 21 years' lease of the premises which I have lost through this. When I opened the account at my bank the hank promised me an overdraft of £50. (The Recorder stated that prisoner must not make these statements without putting them to the clerk from the bank in the first instance. At his request P. J. Ball was recalled; he stated that prisoner had asked for an overdraft when opening the account, but on the guarantor which he had given, Mr. Willis, proving not to be satisfactory he was refused.) I must say that I was considerably misled in the matter; the overdraft was never declined to my knowledge. I can produce letters from Mr. Willis and the manager. The Recorder would not allow prisoner to read these letters.) Why, if there was no money in the bank, were my cheques returned "Referred to drawer" and not "Account closed." In each case I gave my right name and address: that does not look as if I had an intention to defraud. I sold my milk round on January 10 and the money was due on the 17th, when I was arrested. (The Recorder would not allow prisoner to read a letter snowing this.) If I had known I should not have been allowed to read these letters here I should have brought witnesses.

Verdict, Guilty on all counts except the first.

Prisoner confessed to a previous conviction for obtaining money by false pretences at the Birmingham Quarter Sessions on January 27, 1910, when he was sentenced to six weeks in the second division. It was stated that in 1909 he had been arrested for obtaining goods by false pretences, but on the plea of insanity he was confined to a lunatic asylum, from which he was released after nine days.

Dr. DYER, medical officer of Brixton Prison, stated that there was no reason to believe that prisoner was not now mentally sound. Prisoner had committed the offence of which he now was convicted on a number of previous occasions.

Sentence: Nine months' hard labour.

BEFORE THE RECORDER.

(Wednesday, March 6.)

COHEN, Myer Frederick (48, dealer) , being an undischarged bankrupt, did unlawfully obtain credit to the extent of £20 and upwards from the National Cash Register Co., Ltd., without informing them that he was an undischarged bankrupt.

Mr. Graham-Campbell prosecuted; Mr. Cecil Walsh defended.

ARTHUR MOLYNEUX , Clerk to the Official Receiver. Brighton. I produce the Court file in bankruptcy of prisoner; I identify him as the bankrupt; he is described as Frederick Cohen. The petition was filed on March 2, 1909, the receiving order was on May 18, 1909, and he was adjudged bankrupt on May 20. The Official Receiver was the trustee. He has never applied for his discharge. No dividend was paid. I served a counterpart of this notice (Exhibit 3) on prisoner

and took his receipt for it; it draws his attention to the provision of the Bankruptcy Act, 1883, with regard to obtaining credit over £20; he signed it in my presence. The signature on this letter (Exhibit 6) has the appearance of his handwriting.

FREDERICK PHILLIPS , manager, Experimental Department, National Cash Register Co., Ltd., 225 and 226, Tottenham Court Road. In June, 1910, our firm was dismantling the premises and we had machinery to dispose of. We advertised it and we got this letter dated June 16. On June 18 Mr. Beeching, the head of the Purchasing Department, introduced me to prisoner in the name of "W. Carpenter" and said he had come to see the machinery. I showed it to him. A day or two afterwards he came and said he would give 50 per cent. of the cost price and the arrangement was reduced to writing; this is a copy (produced). He entered the agreement in his pocket-book. (Mr. Walsh, called upon, stated he did not produce this pocket-book). As the machinery was taken out it was to be paid for week by week. It is the duty of a clerk, Rich, to enter the amounts removed in the "outwards book," and I check them. Certain payments were made on account by prisoner. About the first week in July I had instructions to clear all the remaining machinery out in the ensuing week; I told prisoner and he agreed to do so and pay at the end of the week. He had paid £163 14s. 6d. to July 1. About the second or third week in August he removed £15 worth of goods, which he paid for by the cheque dated August 25. We paid it into the bank and it was returned "Refer to drawer." As far as I know the amount was never recovered. All through these transactions I knew him by the name of "Carpenter"; he did not tell me his name was "Cohen" He never told me he was an undischarged bankrupt. I did not gather that he was acting as agent for anybody else. Some time last year we took proceedings to recover the amount due to us. I saw him sign these cheques (Exhibits 6 and 10).

Cross-examined. He paid for each load as it went out. There came a time when we told him he could not take any more until we got the cash; but that was not because he had told us he was an undischarged bankrupt. I told him in consequence of instructions I received from Mr. Beeching, who did not know about the agreement that had been signed. Prisoner never told me that he was managing for Carpenter. I asked for the money when the first load was ready to go out, and then I was asked by Mr. Beeching to ask for the money before I let the machinery go; this must have been the first or second week in July. My recollection is not very accurate as to dates and amounts. Prisoner said he went home to Brighton at week-ends.

Re-examined. The first time I heard his name was Cohen was at the Law Court proceedings. We obtained judgment, and on the judgment we applied to make this man bankrupt in the name of "William Carpenter."

ARTHUR JOHN BEECHING , shipping clerk, the National Cash Register Company, Limited. We received this letter, dated June 16, asking us to send full particulars and lowest cash price of the machinery we had for sale; it is signed "W. Carpenter and is in prisoner's handwriting.

I answered the letter, and within a day or two prisoner called and gave me a business card, which I handed to the solicitor. He gave the name of "W. Carpenter," and his address on the card was an address in Rosebery Avenue; I forget the number. I have been through the books to see how much goods was taken away and paid for by prisoner. He paid by July 1 £163 4s. 6d. in different sums, and £236 3s. Id. is owing for machinery taken away between June 29 and August 25; he gave us a cheque (Exhibit 10) for £15 in respect of goods taken away on August 25, and this was dishonoured. Prisoner, whom I always knew as Carpenter, never told me his name was Cohen or that he was an undischarged bankrupt. He never told me that he was acting for a principal.

Cross-examined. One of the unpaid items is £188 on July 9, which is about three times larger than the other items; this would be after the time when the directors desired that he should clear all the lot out of the premises. I have been once to his address at Rosebery Avenue; I did not go in; we simply asked for Carpenter; we did not stop long enough to see if anybody else was there.

(Thursday, March 7.)

Mr. Walsh stated that in view of the evidence given he had advised prisoner to withdraw his plea of not guilty and plead guilty. A verdict of Guilty was returned.

Sentence: Two months' imprisonment, second division.

BEFORE JUDGE LUMLEY SMITH.

(Thursday, March 7.)

JOHNSON, Thomas Brittain (43, commercial traveller) , having received from Sydney Alfred Leney, £6 19s. 7d.: from Benn Cecil Pleasants, £6 15s.; from Francis Pouchot, £6 17s. 6d.; from George William Beard, £6 17s. 10d.; from Frank Ernest Still, £6 5s. in each case for and on account of the Electrical Company, limited, fraudulently converting those sums to his own use and benefit.

Mr. Frampton prosecuted; Mr. Schulteas-Young defended.

WILLIAM DALDORF , 23, Spencer Street, Goswell Road. I am undermanager of the Electrical Company, Limited, which trades in a typewriter known as the "Mignon" Typewriter at 122-124, Charing Cross Road. Prisoner was engaged bv the company by an agreement in writing as agent for the south-east district of London and a portion of Kent. By the terms of the agreement he was to receive 25 per cent. commission on all sales, and had to remit to the company within 24 flours any cash or cheques received. On June 13 an order for a typewriter from Messrs. Leney and Sons, of Penge (Exhibit 3) was received by the company. The body of the order is in prisoner's handwriting, and the signature is accepted by Messrs. Leney and Sons as

being theirs. We have never received any moneys in respect of that machine. We have paid a commission of £1 13s. 9d., due in respect of the sale. Exhibit 8 is an open cheque for £5 7s. 6d., dated August 21, drawn by Sydney A. Leney, in favour of Thomas B. John son. It has been passed through the London and Provincial Bank, Penge, and endorsed by Thomas B. Johnson. Exhibit 9 is a receipt given by Johnson to Leney and Sons for £6 19s. 7d. We have never received a penny of that cheque. Exhibit 2 is an order received from prisoner for a machine for Mr. Pleasants. The machine was duly delivered. We have received no sum in respect of that machine. I know Mr. Pleasants is a tailor. I never authorised the prisoner to receive from Mr. Pleasants a suit of clothes as part payment for that machine. Exhibit 7 is a receipt signed by Thomas B. Johnson for £6 15s. to Mr. Pleasants, dated August 9. We have never received a penny of that cheque, but the commission has been paid on it. We received an order through prisoner for a machine for a Mr. Pouchot. We never knew that prisoner sold a machine to Mr. Pouchot, and we have never received any money in respect of it. Exhibit 15 is an invoice for one of our Mignon typewriters, receipted by prisoner for £6 17s. 6d., dated July, 1911. He has never accounted in any way for that. In August, 1911, we received an order for a machine and accessories for Mr. George Beard, and a machine was supplied. Exhibit 10 is a crossed cheque, dated September 21, drawn by George Beard to T. Johnson, and endorsed T. Johnson for £3 4s. 4d. We have not received any part of that. In respect of the payment of that machine we never authorised prisoner to have a costume made for his wife in part payment, nor did he ever inform us while in our employ that he had taken a costume as part payment. I do not know if a machine was sent to Mr. Frank Ernest Still. Prisoner had a sample machine for the purpose of his round. I never knew he had sold a company's machine tv, Mr. Still for £6 15s., and we never received any part of a sum of £6 5s. paid by Mr. Still for one of our machines. Exhibit 11 is a crossed cheque for £4 10s., dated November 28, drawn by Still and Son in favour of prisoner, endorsed T. Johnson. Exhibit 12 is a receipt from prisoner to Still for £6 5s. We have received no part of that. Towards the end of September, 1911, we decided to terminate the agency held by prisoner, and it was so determined by telegram on September 30. Inquiries were then made respecting business he had done for the company, and a warrant for his arrest was applied for.

Cross-examined. We do give our travellers instructions to sell our machines by hook or by crook, but we only mean by that that they are to do their best to get business. There is a term in the contract "Commission is only due after we have received payment in full," but I do not admit that, simply because we paid prisoner £2 a week before we received any money from his orders; we broke the contract; it was done as a favour to prisoner. We did not follow out the agreement with regard to a month's notice on either side, because we found things were so unsatisfactory. It is quite true we do not allow anything for expenses. The only explanation I can give of the expression

in our letter to prisoner of September 27—"We are all the more astonished you have not made an attempt to come to some arrangement with us"—is that we were very much surprised that prisoner had not been up to see us and give us an explanation of the whole thing. We did not have anything in our minds with regard to an "arrangement." You can take that as a serious answer. We did send on October 13 to prisoner an account of moneys owing. We did not treat the matter as one of account. We only sent it at prisoner's own request.

(Thursday, March 7.)

WILLIAM DALDOBF , recalled. Further cross-examined. It certainly is not the case that it was an understood 'thing from the first that this matter was to be treated as a debt or as an indebtedness to the company from prisoner, despite the expression in our letter of October 15, "We notice in your letter that it is not your wish to avoid the above indebtedness." This is a private prosecution. We have not always been suggesting to prisoner for three or four months from the time we dismissed him to pay these sums and settle the matter. Prisoner is a married man and he came to us with very good references. He did not tell me, when I asked him about the Leney matter, that in pursuance of his 'business he had gone, into a (public-house to sell the machines and had taken too much drink and lost the money. We did not have an explanation from him until October 5. As far as I remember he wrote on September 27 asking how the matter stood and saying he was sorry for what he had cone; but there was no explanation in that letter of Leney's account. We do offer, on occasions, a prize of a suit of clothes or lady's costumes to men who sell ten typewriters. In regard to Pleasants' case we complain that prisoner took the order by giving Pleasants an order for a suit of clothes. We expect our travellers to be well dressed. The case of Beard stands very much on the same lines as the case of Pleasants. We do tell our travellers that they must not on any account lend out machines on approval. It is not quite right that Pouchot would not have a machine unless he first had it on approval. My explanation of the incident is that prisoner came to Mr. Beard and myself and said he had a customer who would like a machine, but before signing the order the customer wanted to see it on his table. That is not on approval. We obliged prisoner by sending to him at his private house a machine to show to the intending customer. With regard to Still's machine I personally did not hear prisoner on his arrest say that the machine was given to him on his first joining the company and that he had sold it to Still, but I heard it from someone.

SVDVKV ALFRED LENEV , builder, 38, Hawthorne Grove, Penge. I know prisoner. He called upon me on June 15 last year. I gave him an order for a typewriter. I signed the order, the body of which is in the handwriting of prisoner. A machine was delivered to me in due course, and I paid prisoner at first £1 2s. 6d. in cash and then the

balance by cheque value £5 7s. 6d. on August 21. He gave me a receipt the same day for the full amount of £6 19s. 7d.

Cross-examined. I have known prisoner as a respectable man. He came to press the sale of the typewriter upon me.

BENN CECIL PLEASANTS , tailor, 14l. Beckenham Road, Penge. I know prisoner by sight. He has called on me a good many times. I signed an order for a typewriter on June 28, and a few days afterwards I got the machine. The arrangement I made with prisoner was that I would give him an order for a typewriter if he gave me an order for a suit, which came to just under £4. This was to go towards the price of the machine. I paid the balance on August 9 in cash. This is the receipt signed by him for £6 15s.

Cross-examined. I should not have bought a typewriter off prisoner had he not given me the order for the clothes. It was to induce me to buy the machine that he gave me the order.

AUGUST FBANCOIS POUCHOT , estate agent, Thornton Heath. I purchased a Mignon typewriter from prisoner last July. The price with accessories was £6 17s. 6d. I paid him cash and he gave me a receipt dated July.

Cross-examined. I wanted to see the typewriter before I bought it. I had it on approval. I bought it direct from prisoner. (To the Court.) The receipt is made out in the name of prisoner and not in the name of the Electrical Company. When prisoner first approached he said the company he was acting for would not let machines out on approval, and as I said I must have it on approval he made an arrangement with the company by which he bought the machine himself and let me have it on approval.

GEORGE WILLIAM BEARD , tailor, 70, High Street, South Norwood. About the end of last August prisoner came to see me, and I gave him an order for a typewriter, value £6 15s. I received the machine. I do not remember him saying anything about a firm or who was selling the machine. The machine came by a carrier in a box. I cannot remember whether the box had a name on it. I agreed to make a costume for his wife in part payment and to pay the rest in cash. The costume came to 3 1/2 guineas, and I paid him the balance of £3 4s. 4d. by cheque on September 21. He gave me a receipt. The cheque is made out in prisoner's name and endorsed by him. (To the Court.) Prisoner asked me to make the cheque payable to him.

Cross-examined. I have not any recollection of prisoner mentioning the Electrical Company to me. I would not have given the order if prisoner had not ordered the costume.

FRANK ERNEST STILL , dairyman, 88. High Street, South Norwood. On November 28 prisoner called at my shop. He owed me £1 over a cheque transaction and 15s. for milk. I arranged to have a deal over a typewriter. I agreed to buy one for £6 5s. He asked £6 15s. to start with. The machine was rather worn. I took off the £1 15s. he owed me and gave him a cheque for the balance, £4 10s. The cheque was drawn to him and the receipt is made out by him.

Cross-examined. The machine was one which had had some wear. I was buying the machine from prisoner. I had not the Electrical

Company in my mind at all; and I paid the sum to prisoner in his own name. (To the Court.) Prisoner himself brought the machine.

Detective-sergeant HENRY FITZGERALD gave evidence of arrest. In reply to the warrant prisoner said, "I deny that. I know I owe them some money, but I thought they could only summons me for it."

Mr. Schultess-Young submitted that he had no case to meet in regard to the witnesses Beard and Still, who both stated that they considered they were dealing solely with prisoner and did not know of the Electrical Company. The property now laid in the parties. Originally. before the magistrate it was laid in the company. He therefore made the point that there was no evidence to go to the jury that prisoner had received moneys from Beard and Still for and on account of the prosecutors within the meaning of the statute. (R. v. South, 1907, 71 J. P. 191. R. v. Solomons, 1909. 2 KB. 890.)

Mr. Frampton submitted that there was no point in the argument that Beard and Still did not know they were paying money over for the company. He could call Mr. Daldorf to prove that the name of the company was on all the boxes containing the machines.

Judge Lumley Smith said the indictment charged that the money was received by prisoner "for and on behalf of the Electrical Company." He held that it was a question of fact for the jury, even if the prisoner gave receipts in his own name, whether or not the money was received for the Electrical Company.

(Defence.)

THOMAS BRITTAIN JOHNSON (prisoner, on oath). Up to the time I entered the service of the Electrical Company I had been a commercial traveller for many firms, amongst others, McFarlane, Lang and Co., with whom I was for 13 years. I gave them as references. I put my character in issue in every way. I signed the agreement which has been referred to. The company's travellers were told they were to adopt any means they possibly could to get business. Mr. Beard, the manager of the company, was the gentleman with whom I had most to deal. With regard to Pouchot's machine, the firm absolutely refused to send it to him on approval, saying it was strictly against the rules. I pointed out that if I got his order it would probably mean getting four or five other orders, and Mr. Beard eventually said. "We will send you the machine and debit it to you and then you can let Mr. Pouchot have it as from yourself and has having nothing to do with us at all." As a matter of fact, the machine was sold to Pouchot in my name. It was because he insisted on having the machine on approval that I bought it myself and sold it to him. With regard to Leney, I sold a machine to him in the ordinary way as a commercial traveller. At that time I had an account with the company. They were sending me money on account. On the day Leney paid me the money I finished up several calls by trying to get an order from a public-house. With Leney's money I had about £7 when I went in there. Unfortunately I had something to drink. What took place was this: I have had a lot of trouble ever since I lost my first wife. She was taken to an asylum, and if I have a few drinks I lose my Memory entirely. I did on this occasion. I really do not know what happened. I woke up next morning and found myself in bed with no money. My coat was torn I told Daldorf exactly how I lost the money, and lie asked me how and when I could pay the money. I

told him I could not not pay at that time. With regard to Pleasants, I called on him several times, but he would not have a machine unless I gave him an order for a suit of clothes. The same applies to Beard, only it was a lady's costume in his case. With reference to Still, when I first joined the company I had one sample machine. After two months Beard wanted me to have another machine, but I said it was not fair, as I had the machine first given to me in good and easy working order, and if I sold that one I took another, which would not be so easy of manipulation; it would hamper me. I said the best thing he could do was to give me one for my own use. He agreed to the suggestion, and the machine was sent to me. Having returned my first machine, I considered I was entitled to keep the second one which was given to me. There was never any question about it. Both before and after October 5 Daldorf kept worrying me to make some definite arrangement as to paying the company. I told him I could not do anything at present. I was working up the agency and I should have rendered an account at some time in the future. I have never at any time had the intention of fraudulently depriving the company of the money. If I had, I could have had hundreds of machines and not a paltry few. I was working four months for the company, during which time I received about £40. The company would have had the money at some time. That was the meaning of my letter in which I said I would pay when I found what the indebtedness was. I was not able to pay at the moment, but there were a great number of people from whom I should undoubtedly have got orders which would have recompensed me. I also had in mind a debt of £75 owing to me on a transfer transaction, in regard to which I was told by my solicitors I had a very good claim. I told the company I was expecting money and that they would have it.

Cross-examined. I presume I sent in 18 orders altogether to the company. I do not know that in respect of those orders the company has received nothing; I was not keeping their books. I have been out on bail and had an opportunity of seeing the people, but I had no wish to, as my intention was honourable all the way through. I was anxious to treat this matter as a civil matter. I did not want to press it as a civil matter, but I did not think they would be so foolish as to accuse me of any criminal intent. It was a term of the agreement that I should remit to the company any moneys or cheques received within 24 hours, but they broke the agreement by agreeing to pay my commission on account instead of at the conclusion of the sale of each machine. I admit I wanted it that way and that it was an act of generosity on the part of the company. I broke the agreement by not remitting to the company within 24 hours, or at all, moneys I had received in respect of their machines. I did find purchasers for the five machines mentioned in the indictment, and I have been paid for the five, in addition to 25 per cent, commission on three of them. The company have not been paid anything in regard to those machines, because they did not give me the opportunity. If they had not dismissed me they would have received the money and other orders which I had in hand. The money the company paid me

has been spent in trying to get further orders. Leney paid me first of all £1 2s. 6d. in cash. I spent that on my expenses, as the company did not allow me any. On August 21 I received a cheque for the balance of Leney's account for £5 7s. 6d. I did not remit that to the company because I thought it was a contrary account, and because I wanted it for my expenses to earn more money for the company and myself. I did not cash the cheque in the public-house but at the bank the same day. I made one or two calls after I cashed the cheque, and then went to the public-house. Now you hand me the cheque I see the date of payment is the 22nd. Could Mr. Leney tell me whether he paid me in the morning or evening? I know I went straight to the bank from him. I did not tell the company at the time of my dismissal that I had received Leney's money for the reason I did not wish them to know about the public-house incident. It was not with any wrong intent. I was spending the money in their interests, and my own I hoped, in trying to get orders. I agree, with regard to the case of Pleasants, that the company ought to have had the money, and they would have had it. I did not tell the company I had made an arrangement with Pleasants for a suit of clothes. It would have been more in commercial etiquette if I had done so. With regard to Pouchot's machine, I still adhere to the story I told in examination-in-chief. The arrangement was made entirely between myself and Pouchot, and had nothing to do with the Electrical Company. The case of Beard is very like that of Pleasant's. I did not ask Beard to make his cheque payable to me. He asked me whether he should, and I said yes. I do not know why he asked the question if he thought the machine was coming from myself. I spent the proceeds on the company's behalf. They would have had the benefit of it. The machine I sold to Still was the one given to me by the company. It was my machine. The company never asked me for it. The whole thing was a question of debt.

Re-examined. No complaint was ever made to me about the money not being paid. I believed I was perfectly right in making the matter one of account between myself and the company. I took all this money for the purpose of getting about trying to get further orders. I did not keep the money with any fraudulent intent.

CHARLES FREDEBICK WILLIAM BEARD . I attend on subpoena. I do not remember any incident about a machine being sent on approval. Prisoner came one day and said he had a gentleman who would only sign the order when he got the machine. Nothing was said about. approval. A machine was sent and booked to prisoner. We sent it because prisoner was a new man and we wanted to help him along.

CHARLES HOWARD , managing clerk to prisoner's solicitors. We did have business in hand for prisoner with regard to a claim of £75 for commission on a transfer of a business. It was a good claim.

Cross-examined. We did not commence proceedings. Verdict, Not guilty.

(Friday, March 8.)

JOHNSON, Thomas Brittain (43, commercial traveller), together with BLACKMAN, James (55, commission agent), were indicted for stealing and receiving on September 30, 1911, a typewriting machine, the property of the Electrical Typewriting Company; conspiring on July 1, 1911, to acquire for themselves a certain typewriting machine, the property of the said Electrical Typewriting Company, with intent to defraud.

No evidence was offered by the prosecution, and the jury returned a verdict of Not guilty.

BEFORE JUDGE RENTOUL.

(Wednesday, March 6.)

MORLEY, Marian (38, housekeeper) , feloniously marrying Philip Samuels, her former husband being then alive.

Mr. Leycester prosecuted; Mr. Ernest Walsh defended.

GEORGE PAYNE , 62, Lindsay Road, Hornsey. I was present at the marriage between Reuben Gregory Morley and prisoner. This is the certificate. The date of the marriage is February 10, 1894. I last saw Mr. Morley in October,1894.

Cross-examined. I was asked to give evidence in this case by Mr. Samuels six weeks ago.

LUCY MORLEY , Nottingham. Reuben Morley was my son. I was not present at the marriage between him and prisoner. I knew prisoner slightly. My son went to America in 1894. I last saw him in December, 1905. I corresponded with him. (Mr. Walsh objected to this evidence unless the correspondence was produced.) I think I have one letter at home. We corresponded till just before his death.

Cross-examined. My son died on August 3, 1911. I heard that by cable from my son's employers.

PHILIP SAMUELS , licensed victualler, Camden Town. In September, 1905, I went through a form of marriage with prisoner at St. Pancras Registry Office. About three years afterwards we parted. Afterwards we lived together about six years. I did not know of the marriage to Mr. Morley. I started proceedings in the Divorce Court, which were abandoned.

Cross-examined. I was present at the police court on the first hearing of this charge, and gave evidence. On the remand the magistrate held that there was not sufficient evidence, and said something about she could be rearrested if there was further evidence. I did not give evidence on that occasion; I did not turn up in time. Sergeant Butters and myself applied for a warrant on this charge. I was advised to drop the divorce proceedings as I could not divorce a woman who was not my wife. She was living with a man at the time. I believed my marriage was a good one. She never told me she was

married to Morley. I heard about him through a man in the bar, who called out, "Polly Morley, the brothel keeper." I told her to take no notice of it. (To the Judge.) She told me she was married to a man called Ferguson. (To Mr. Walsh.) She never told me she had met Morley's grandmother in Nottingham. I know nothing about Nottingham. I was not anxious to get her into trouble about bigamy. I went down to Nottingham to get Gertrude Cox's evidence for the divorce proceedings. I did not know that she was in a position to say prisoner knew her husband was alive. I went to the public-house where Miss Cox was. She told me she remembered a conversation she had with prisoner at the "Black's Head" public-house, when Miss Cox said, "Don't you think it is foolish to be going with Ferguson and your husband alive." I provided my own money to go into the Camden Stores. No money was found by anyone else, bar the brewers and distillers. Prisoner might have had £20 or £30. I do not know that she had several hundred pounds from Ferguson. She lent me not one halfpenny, on my oath. Out of house-keeping money she lent me £20 and I gave an I. O. U. for it. That was after I went into the stores. I pawned some of her jewellery and redeemed it. I acknowledged my indebtedness to her and agreed to pay her £1 a week. I never thought if I got her convicted of bigamy that the indenture would no longer stand and I would be clear of everything. If she liked to run as a straight woman I should have allowed her the £1 a week. There is a woman here can tell you, on our parting, I said, "Be good and I'll allow you £1 a week." She was not; she was carrying on with this man.

Detective-sergeant FREDERICK BUTTERS, Y. I arrested prisoner on November 2 last. I told her I was a police officer and should arrest her for feloniously marrying Philip Samuels on September 13, 1905, her husband, Reuben Gregory Morley, being then alive. She said, "I was informed by my late husband's grandmother he was dead and I married Mr. Ferguson at the Parish Church at the Strand two years afterwards. He died suddenly on Epsom Racecourse. I thought I was a widow and married Mr. Samuels." I had three marriage certificates then in my pocket. I showed her an extract from a newspaper announcing the death of Morley. She said, "I am sorry; I thought I was a widow." She was charged with bigamy. The charge was dismissed on November 29. "I rearrested her in the Globe" public-house, Whitfield Street, Tottenham Court Road. On my entering the bar she said, "Do you want me again?" I said "Yes." She said, "What for?" I said, "Bigamy on a warrant." She replied, "What, can they do? They can only give me one day." I (then took her to Somers Town Police Station and read the warrant. She said, "Who is he? I know he was dead." She afterwards said, "I know that; I guarantee he was dead."

GERTRUDE ANNE COX , Nottingham. My brother and myself have a fish and chip shop. I was formerly a barmaid. I have known defendant 15 years. When she was living at Nottingham she was called Mrs. Ferguson. She was called various names before that. She was married to Mr. Ferguson. He died

soon afterwards. After she married Mr. Samuel she stopped with my mother; that was in 1906. I had a conversation with her about Mr. Morley in 1903. I used to say to her, "Are you not afraid of Morley coming back again and finding you living with Mr. Ferguson?" She said she was not at all afraid. She never suggested Mr. Morley was dead. The same conversation took place in 1906.

Judge Rentoul held that there was not sufficient evidence to justify the jury in convicting, and a verdict of Not Guilty was returned.

DACEY, Martin (61, dealer) , stealing £2 13s. 6d., the moneys of Thomas Holmes.

Mr. B. Moore prosecuted.

THOMAS HOLMES , licensee "Falcon," East India Dock Road. At 5.20 p.m. on February 2 prisoner and eight other men passed into the bar. They says, "Oh dad, we are going to treat you. What will you have? Have a drop of the best in the house." I says, "I don't drink any." He says, "Have a drop of 'brandy." I says, "I don't sell brandy." They says, "Have you got a fire on at the other end?" I said, "Yes." They passed out of the bar into the saloon end, from one door into the other door in the lobby way. They says, "We have plenty of money," pretending to show money. Then they says, "Well, if you won't have any we will have a drink ourselves." I drawed up to hear the order. Prisoner and the others dragged me by the coat. I says, "Leave go of me, let me loose," and they would not. Prisoner got hold of my hand, I made a shout, and the missus came into the bar. They let go, but they fetched the coat right over my head. I heard someone at the till At the back of the bar. Prisoner took me by the back of the neck and (bore my head down on the counter. I struggled and fell back against the counter. They ran out. I followed immediately. A dock policeman, Husky, was passing at the time. He pursued them with me. At St. Leonard's Road I blew my whistle. The other men went in different directions. Prisoner went into the "Grave Maurice," into. a compartment by himself. As he opened the door I followed after him, and Husky followed. I charged prisoner. Husky said, "I will take him if you charge him." He took him with the assistance of a police-constable.

Cross-examined by prisoner. You asked me co have a drink, six of you in fact did have drink. Either you or your pals says "Now, you go to the other end." Three passed on to the other end of the bar. I do not think I mentioned that before. I did not offer to shake hands. You said, "Shake hands, dad." I says, "No, I won't." But after you grabbed me by the coat then you seized me by the hand. That, of course, made me holloa out. My hand was puffed up with rheumatism. I did not say you tried to avoid me by running round vehicles or carts. I said one of you went round the cart and you ran round the other side of the cart and ran into the "Grave Maurice."

Constable HUSKY. P. L. A. 46, corroborated as to pursuing prisoner and taking him into custody.

FREDERICK WILLIAM DRAKE , licensee "Grave Maurice," St. Leonard's Road, E. I know the "Falcon," kept by Holmes. It's a good 100

yards from my house. I saw prisoner come into my bar on February 2 at 5.30. The other two came in almost on tap of him. They were cut again in less than two minutes I did not hear prisoner order a drink. He did not have a drink. There was not time.

To prisoner. I did not notice that you showed signs of having been chased.

Police-constable RUSHTON, 860 K. Hearing a police whistle I ran into St. Leonard's Road and saw prisoner in custody of Husky. Prosecutor said, "This man and some others have robbed my till." Prisoner said, "You have made a mistake. I know nothing about it. I had been with another man in the pub. drinking quite a quarter of an hour before the old man came in with the policeman." He was searched and on him were found 8s. in silver and a pair of gloves.

Sergeant BRADLEY. I read the charge to prisoner at the police station. He replied, "I know nothing about it. I was in the pub. about 15 minutes drinking with a friend of mine, when the old chap rushed in." He did not say who the friend was and has not done so since. He has given no information which would enable me to find the friend.

MARTIN DACEY (prisoner, not on oath). This Friday afternoon I came from Caledonian Road market with a live stock dealer, who is in a small way like myself, to Poplar Station. We went into the "Grave Maurice." We stayed there about a quarter of an hour talking over our little affairs. I walked to the top of St. Leonard's Road with him as his way lay Canning Town and mine lay through St. Leonard's Road to Whitechapel Road, where I was living. I wished him good-night. Passing the "Grave Maurice" I went in to have another drink by myself, being Friday night and I was stopping at a coffee shop and having no home comforts. As I was going in I heard a police whistle blow. I turned to my right and saw prosecutor. He was looking ahead of him. I saw no one. I thought, "This does not concern me." I walked leisurely into the "Grave Maurice" into a compartment where there was no one. I did not in any way rush in and get mixed up with other people as I could have done in another compartment. Had I been hot from the chase, a man of my build running a distance, I should have been in a terrible plight. I may mention it would be dangerous for me to run as I am suffering severely from hernia and have been twice treated for strangulated hernia. I was just about calling for a drink when prosecutor looked in and went out again and he came in again. He was followed by the dock constable two or three minutes after that. If I had been guilty I could have come out of that compartment and gone and mixed with others. I did not attempt to do such a thing. He came in and said, "This is one of them," two minutes afterwards. I said, "One of what?" He said, "One of the men that robbed my till." I said, "Nonsense." The dock constable said you had better come with us." I said, "Decidedly." We got back to the prosecutor's house. The old lady in the bar said, "That looks like one of them." The dock constable said, "You had better come to the station." We went to the station. Their statement was so flimsy I was there five hours before they would book the charge.

The last witness had been to have an interview with the old gentleman; and I may tell you—truth goes farthest—I am a fallen man, or that charge would not have been booked.

Verdict, Guilty.

Prisoner confessed to a previous conviction; numerous others were proved.

Sentence: Four years' penal servitude.

DODS, James Whalley (32, labourer) , obtaining by false pretences from Samuel Roper a sheet of silver with intent to defraud; conspiring and agreeing together with a man unknown to obtain by false pretences from the said Samuel Roper certain of his goods and moneys, with intent to defraud. Mr. 'Briggs prosecuted.

SAMUEL ROPER , silver refiner, 7, Garnault Place, E. C. I am accustomed to exchange scrap silver for Mr. Peters, of 17, Eyre Street Hill. On January 26 about 6.30 p.m. a man came into my shop and handed me this billhead of Mr. Peters'. The document is not in his writing. He brought a 4 oz. packet of scrap metal. I thought it came from Mr. Peters. I thought it was silver. I gave the man sheet silver in exchange worth 10s. Directly the man had gone I noticed that a trick had been played upon me. It is electro-plated metal. Next day he 'brought a larger packet. My suspicions were aroused. He said, "I will fetch Mr. Peters, he is waiting down the street," and ran out of the shop. I have not seen prisoner at all.

GEORGE ALFRED PETERS , 17, Eyre Street Hill, silver mount manufacturer. Prisoner was in my employment on January 25. He has been to Mr. Roper on my behalf to exchange scrap for sheet silver. I would give him a written order like this on every occasion. I have never authorised any of my men to write such orders. I did not write Exhibit 1; it is prisoner's writing. I should not like to swear to the handwriting of the other. I did not see prisoner after January 26. I expected him, next day. There was really no work that week, but I expected him to show himself as I thought he might want to borrow a little money.

Cross-examined by prisoner. You are often away two or three days at a time. You had access to my gold and silver. I have not missed any.

Sergeant OXLEY, B. On February 8 at 8.30 I saw prisoner at Clerkenwell Green. I told him I was a police officer and should arrest him for stealing 10s. worth of silver from Mr. Roper. He said, "What?" I said, "You were employed by Mr. Peters, of Eyre Street Hill and filled up one of his billheads for the silver as if it was from him." He replied, "Yes, that is right; I did fill up the billhead. I admit I did wrong in using the Billhead." I showed him the billhead at the station. He made no reply when charged.

To prisoner. On the remand I asked you who was concerned with you in this. You described a man and said you did not know him. You did not say his name was Charles Wilson. (To the Judge.) I

have inquired for a man I have reason to believe is the man who is wanted, but he has not been seen in the neighbourhood since. I got his description from Mr. Roper.

(Defence.)

JAMES WHALLEY DODS (prisoner, on oath). On the day in question I met a man in Clerkenwell and had a drink with him. He asked if I could sell or exchange some silver for him. I know him well by sight. I have had no transactions with him before. I said I could not sell it for him. He said he could get 1s. 3d. an ounce for it. I said that was a bad price. He asked if I could get a (billhead and then he could sell it himself. I wrote out the billhead. I admit I did wrong in doing that. He opened the packet and showed it to me. I thought it was silver. He told me he had 4 £ oz. with him and that he had another 10 1/2 oz. He said I would have 2s. out of it.

Cross-examined. The man's name is Charles Wilson. I do not know where he lives. I have known him five or six years. I have seen him on a meat van round the market. I could not sell it because my employer would think I had been taking his silver. I knew I was not authorised to write the document. If I had exchanged it I should have been suspected because we had been doing no work. I did not see Mr. Peters to ask if I might use his billhead. Verdict, Not guilty.

BEFORE THE RECORDER.

(Thursday, March 7.)

CARTER, James (22, porter) , feloniously wounding George Driver with intent to do him grievous bodily harm.

Mr. E. T. Purchase prosecuted.

GEORGE DRIVER , 20, Barnsbury Street, Islington, costermonger. On January 20 at about 5.30 p.m. I was with prisoner; we had a drink at the "Agricultural" public-house, left about 7 and went to the "White Lion," where we were drinking with two other men till about 9; prisoner was drunk; I was not. We then had mere drink at the "Swan," where I was joined by my young woman, Alice Lindfield, and I went with her to Hoxton; we returned to the White Lion" and were having a drink when prisoner came in. Prisoner and I went out and started fighting—by that time I was also drunk—we fell; the police stopped the fight and we parted. I afterwards saw prisoner at his doorway in Penton Street; I went up to him and asked for an apology. He put his hand on my right shoulder and something stung me in the abdomen. I said, "He has done me—he has chived (stabbed) me." I fell backwards to the ground and was taken to the hospital. I saw no knife. I was in the hospital three weeks and am now an outpatient, unable to work.

OWEN CARR , 13, Eagle Court, Clerkenwell, metal polisher. On January 20 I was in White Lion Street with prosecutor and his young woman, when prisoner came up and said something; they starred fighting. I got prosecutor away. Prisoner said, "I will do the two of them in." I and prosecutor went up White Lion Street, when I saw prisoner standing at his doorway—I saw his hand move and with that prosecutor fell back in my arms—he said, "Oh, he has done it." I said, "What, George?" He said, "He has chived me." With assistance I got him in a cab and he was taken to the hospital.

Cross-examined by prisoner. I am sure you said that about "doing the two in." You and prosecutor were together at about a quarter to 12.

ELLEN LINDFIELD , 8, Rising Hill Street, Clerkenwell, wife of George Lindfield. On January 20 at 7.15 and afterwards at 11.50 p.m. I was in the "White Lion." Prisoner was there. Prosecutor and his young woman, my sister-in-law, Alice Lindfield, came in; he asked prisoner to have a drink—both were the worse for drink—prisoner left, followed by prosecutor, Alice, and myself. Prosecutor and prisoner started fighting and were parted by the police; prisoner shouted out, "I will have his life and her mother's too," and went away; we followed after. Prisoner walked to the top of White Lion Street and waited for prosecutor on the doorstep. Prosecutor went over and said, "Will you shake hands and apologise?" Prisoner said, "No. I will do it for you"—he took him by the throat and laid him down the steps—prosecutor called out, "I am stabbed." He was then taken in a cab to the hospital.

To prisoner. You went up White Lion Street first—prosecutor, Alice, I, and my husband were together—you said you would have prosecutor's life outside the "White Lion."

JOSEPH WATTS , 23, Carlsbad Street, Islington, vanguard. On January 20 at 12 midnight I saw prisoner in Chapel Street, drunk, and fighting—a soldier pulled him away and he fell on the butcher's stall. Afterwards in Barrow Street I saw prisoner take a knife like that produced out of his overcoat pocket; he said he was going to stick it in somebody. I did not hear the name. He put it back in his pocket and went into White Lion Street. Prosecutor went up to him and wanted to shake hands with him, when I saw prisoner stick the knife into prosecutor's stomach—that was outside White Lion Street School.

Police-sergeant BERTIE NICHOLLS, 3 G. On January 20 at 11.55 p.m. I was on duty in White Lion Street. I heard cries of murder, a taxicab was stopped and prosecutor was lifted into it. I was told he had been stabbed. As the result of inquiries I went 50 yards up the road, saw prisoner and told him it was alleged he had stabbed a man with a knife and I should take him into custody. He said, "It was not me; I know nothing about it." I took him to King's Cross Road Police Station, where he was charged and made no reply. (To the Jury.) When arrested there is no doubt he had been drinking, but he was capable of knowing what he was doing.

REGINALD PORTER , M. B., house surgeon, Royal Free Hospital. On January 20 prosecutor was brought in. When I examined him he was

lying on his back, his abdomen uncovered, there was a wound on the left side from which protruded a piece of intestine; he was in a good deal of pain, but not very much collapsed. The wound was dangerous; there was great danger of blood poisoning. He is now discharged, recovered, but I have asked him to see me occasionally to watch him. The wound could have been inflicted with the knife produced. No blood poisoning occurred.

To prisoner. The cut was apparently made from above downwards and inwards; the bottom of the wound was not narrower than the top.

Police-constable GEORGE ARROW, 80 G. On January 21 at 10.15 a.m. I found knife (produced) in the girls' playground at White Lion Street Schools, about 6 yards from the wall. The night had been rainy, there was no marks on the knife; it was rusty.

Sergeant JAMES BUTT, G Division. On January 21 I saw prisoner at King's Cross Road Police Station. I said I was a police officer, that I was going to the hospital to see how the injured man was, and that he would be charged with causing the injury. He said, "What would you have done? I wanted to have a 'read and write affair' (a fight), but there was three of them. George Driver took my tart away and has been going with her. I have told him about it and had a fight with him last Monday week and now I have properly done it on him."

(Defence.)

A written statement by prisoner (which was put in before the Magistrate) was read at his request to the effect that he had been living with Alice Lindfield for five years and had had two children by her; that he had wished to marry her but had been prevented by her mother; that her brother had come and taken her away; he was imprisoned for a month for being drunk; that prosecutor, whom he had asked to look after his home, had made away with it and had on this evening started the fight; that he (prisoner) was drunk; that prosecutor had said, "I will do it for you," and had come to him, pulled out a knife from his sleeve, that they wrestled, and prosecutor's knife must have caused the stab by accident.

WILLIAM CARTER , driver in the Army Service Corps, brother of the prisoner. On January 20 at 12 midnight I met prisoner outside Kennett's Stores; he complained he had "had it done on him"—that someone had set on him. I saw him as far as the schools in White Lion Street on his way home. I next saw him in the policeman's arms.

Cross-examined. I saw nothing of the stabbing. I brought him from Kennett's Stores past the butcher's.

GEORGE DRIVER , recalled (to the jury). I had no knife. I did not threaten prisoner—I only asked him for an apology. Verdict, Guilty of unlawfully wounding. The jury added, "We think there was great provocation, he being under the influence of

drink; the jury think that some inquiry ought to be instituted in connection with the public-house where these men were served with drink; there ought to be investigation."

(Friday, March 8.)

Seven summary convictions for drunkenness, assault, larceny, and as a rogue and vagabond were proved against the prisoner. He was stated to do no work, to gain a living by petty thieving, and to keep very bad company.

Sentence: Twenty-two months' hard labour.

BEFORE JUDGE RENTOUL.

(Thursday, March 7.)

NEWTON, John (38, porter), TONE, John (28, shoemaker), REGAN, Johanna (30, flower-seller), and TOSSINA, Juditta (27) , stealing 16 leather saddle backs, the goods of Richard Askew, and feloniously receiving the same; Tossina feloniously receiving four costumes, the goods of Abraham Michaels, weli knowing the same to have been stolen.

Mr. Woodgate prosecuted; Mr. Huntly Jenkins defended Newton; Mr. Cecil Hayes defended Tone; Mr. B. Honour defended Regan.

The indictment against Tossina was first proceeded with.

RICHARD FRENCH , 7, Brightlingsea Place, Limehouse, E. I am errand boy to Abraham Michaels, costume maker. On January 24 I took a parcel from St. Paul's Churchyard to deliver. In Queen Victoria Street a man I did not know said to me "You are wanted." He was in the doorway of a firm. He said, "Run over to Lyons' and get Mr. Watson's tea." When I went over there they said they did not know anything about it. When I came back he was gone. I left my parcel with the man. I went straight to the police station and gave information.

Sergt. MACKINNON, E. On January 31 I went to Baker's Row at 4 a.m. I went into the room where prisoner lives on the ground floor. I found three costume jackets on the bed partly covered over. I took them to the police station, where prisoner was detained. I showed her this property with other property. She pointed to this property and said, "That does not belong to me." When charged she said she bought them off a Jew in the East End. They were identified in her presence by prosecutor.

ABRAHAM MICHAELS , 327, Commercial Road. I identify the costumes as my property. The value of the property lost is £23. £10 5s. worth were found in prisoner's place.

JUDITTA TOSSINA (prisoner, not on oath). A gentleman come from Scotland that Friday night and on the Saturday morning went down Petticoat Lane and bought a lot. He is an Italian. They told him he

will lose some, pay the duty, in case he go to Scotland. They said, "You had better leave them and have them sent on." He said, "I will write you or else I will go back to Scotland. I will take them with me when I come back." (To the Judge.) He left them in my place three nights, because I was not living in Baker's Row at the time; I was living at 41, Bonner Street. I knew him before. The gentleman lived with me sometimes, they sleep in my house for one night when they go to Italy. I keep lodgings. They do not give an address, they always trust me. I was not asked any questions. I told them at the police court the man had gone to Italy. He was going to Italy on the Monday night and was supposed to write me.

Verdict, Guilty.

The indictment against the four prisoners for larceny was next proceeded with.

ARTHUR PAGE , porter, 141, Caledonian Road. I am employed by Mr. Askew. On January 30 I had four bales of leather on my trolley. In Sunolk Street, Clerkenwell, I left it for three or four minutes. When I returned one bale was missing. I gave information to the police. This is some of the leather I lost.

Cross-examined by Mr. Hayes. I do not know who stole the property. I have not seen prisoners before.

Police-constable GODFREY WILLARD, 324 E. I was on duty at midnight in Warner Street on January 30. I saw Regan, Tone, and Newton walking along the south side of Warner Street. As they got to the "Red Lion" public-house I saw Newton catch hold of the end of the bag that Tone was carrying. Tone refused to let him carry it. He then walked out into the middle of the road followed by Tone and Regan. I saw them go as far as Great Bath Street. I ran up through Bath Court, into Great Bath Street, through Crawford Passage where I met another officer. I asked him to come with me. We went through Crawford Passage down to Baker's Row. When I got about half way down I saw Regan and another woman standing in the roadway opposite No. 1, Baker's Row. I then saw Tone and Newton come out oil, Baker's Row. The two women walked up Baker's Row, past me and the other officer, on the footway, Tone and Regan were walking in the road. I told the other officer to take particular notice of them. I then walked to the bottom of Baker's Row and kept observation on No. 1. In about five or six minutes I saw Tossina come out, walk east, and join the two men. I still stood there and waited some minutes when I saw Tone and his wife come down Baker's Row and walk along Warner Street towards Phoenix Place. A few minutes afterwards I saw Tossina come along Warner Street from Great Bath Street. She entered 1, Baker's Row. I walked across to her and said I suspected some stolen stuff had gone into her house as I saw these men came out. She said, "Oh, it is only my people bringing in the washing." I said, It is a nice time to bring washing in," and asked her to let me see the back. She refused to let me see it. I sent another officer to get further assistance and kept observation on the place till he came. Meanwhile Tossina offered me 1s. 6d. and 3d. in coppers, said she was a poor woman, and asked me to go away. I

refused to do so. Sergeant Sims came round the corner. He asked me what was the matter. I told him. He then went into the back-yard of 1, Baker's Row, where we saw the sack containing 16 saddles of leather and asked her where it came from. She said, "I opened the door and the men followed me in." She was told she would be taken into custody. I took her to the police station and went to Phoenix Place where I saw prisoner Tone on the ground floor. I identified him as the man that was carrying the leather. On the road to the station he said, "I suppose you know me, or are you a youngster in this part? He was taken to the station and I gave information as to where the other prisoners were and they were subsequently arrested by Sergeant Kenwood and Police-sergeant Sims.

Cross-examined by Mr. Huntly Jenkins. When I first saw prisoners, I was about 15 yards from them in a dark doorway in Warner Street, between Bath Street and Bath Court. I was up against the doorway, not right in the doorway. I was standing on the footway. There were no lights in the passages of the doors. There was the usual amount of light there is in a London street. There is no lamp where I stood. Newton seemed as if he wanted to carry the parcel but Tone would not let him. With the exception of that Tone did the whole carrying. As soon as they left the footway by the "Red Lion" they walked in procession across the road. Newton was two yards in front, then Tone, then Regan. They were walking abreast on the footway. I did not see them come out of the public-house.

Cross-examined by Mr. Hayes. Tone had the sack on his head. It was covered with a cloth of some sort. The wind blew the cloth and I saw something white. I recognised the sack in the yard as the same sack he had been carrying. It was the only sack in the place. I also recognised the leather. I arrested Tone at his house after we went and saw the leather at Tossina's. I took the leather to the station and then went up to Phoenix Place. The sergeant was there with him and he asked me if he was the man. I said "Yes, that is the man." I knew the man. I had seen him all the month I had been in the colony. There were other people living in the house. An Italian was not living there. I did not go upstairs before I identified Tone. I went to the top of the house to see if there was anybody else there. The sergeant told me to do so.

Cross-examined by Mr. Honour. When I first saw the women I was 30 yards off, perhaps. I had then passed Crawford Passage some distance. I then saw Newton and Tone come out. They and Regan passed me. Tone and his wife passed me afterwards in Baker's Row.

(To Tossina.) When you first came out of your door you joined the two male prisoners. You were speaking to two women.

(To the Judge.) When she came out there was nobody in the street but these two men at the top end.

Police-constable GRAVES, 524 E. At 12.10 a.m. on January 31 I was on duty in Crawford Passage. I saw two women standing outside 1, Baker's Row. Shortly afterwards two men left there. The two women then advanced up Baker's Row and the two men followed.

I identified Newton at Gray's Inn Road Police Station the same morning as one of the men. I also identified Tone. I saw Tossina leave 1 Baker's Row. I saw a third woman who is not here. When the two women came out of the house they stood in the centre of the roadway. Tossina first came under my observation when I was in company with Police-constable Willard. We stood on the corner keeping observation. About three minutes later we saw Tossina leave the house and join the other prisoners.

To Mr. Hayes. Tone and Newton were the men that left 1, Baker's Row. There was no need to follow them.

To Mr. Honour. Tone did not pass with Regan. I do not know if Willard is mistaken. If he said that he would be.

Sergeant HERRY SIMS, 48 E. On January 31 I received certain information from Willard. I went to 1, Baker's Row. I saw Tossina at the door. I said "You are suspected of receiving stolen property; what have you got in that bag." She said, "It is my people bringing in washing." I said, "Will you show me?" She said, "If you don't get me into trouble I will tell you all. I will take you round to the man who brought it here. He lives in Phoenix Place. I don't know the number but I know the house." I went with her to 18, Phoenix Place. Tossina gave one knock. The door was opened by Tone. She had told me he lived on the ground floor. I said to Tone, "You answer the description of a man concerned with others in carrying a bag in Warner Street. He said, "I know nothing about it. I did not put any questions to Tossina. I was accompanied by a sergeant. I was speaking to Tone when Willard arrived and identified him. At the station Tossina said, "I opened the door with the key and they followed me in." I afterwards went to 13, Crawford Passage, accompanied by Detective-Sergeant Kenward, where I saw Regan and Newton. I arrested Regan. Kenward arrested Newton. Regan said, "I have been to see the pictures; I came straight home; I have not been anywhere since; my friend in the next room can prove that." When charged Newton made no reply.

To Mr. Huntly Jenkins. I did not hear Newton say, "I do not know what you mean."

To Mr. Hayes. Tossina took me to Phoenix Place to arrest Tone. The door was opened at once. I may have said at the police court that I said to Tone, "You answer the description of a man seen to take a bag of leather into 1, Bakers Row." I said, "You answer the description of a man carrying a bag in Warner Street," if it was not taken down. I did not not see him take a bag of leather into 1, Baker's Row. I received my information from Willard. Tone was arrested immediately after Willard identified him. I did not accompany Willard to the top of the house. I went to the top of the house with Tone because he said, "There is more people living in the house than me." That was before I arrested him. I wish to correct that he was arrested on the arrival of Willard. I did not arrest Tone. I went upstairs to make sure whether there was any wore like the description than him. I brought him downstairs;

Willard then arrived and identified him as the man carrying the bag in Warner Street.

To Mr. Honour. To the best of my knowledge I gave at the police court the statement Regan made to me. I mentioned, "My friend in the next room can prove that."

Sergeant KENWARD, G. At 3.30 a.m. on January 31 I went with Sergeant Sims to 13, Crawford Passage. I saw Newton and Regan in a first-floor front room. I told Newton he answered the description of a man who was seen, coming through Warner Street in company with another man, who was detained, and also two women; they were carrying leather through Warner Street, which was afterwards found at 1, Bakers Row. I told him he would have to come to the police station. He said, "You have made a mistake; I know nothing about it." The woman said, "I have been to the pictures and I have come straight home; my friend in the next room can prove that." Newton said, "You don't want to take the old woman; she knows nothing about it. They were taken to Gray's Inn Road Police Station where Newton was put up for identification and identified by Willard and Graves. When charged neither made any reply.

WILLIAM ALFRED BIRT , salesman to R. Askew and Co., 39, Red Lion Street, Hoxton, identified the leather as belonging to his firm.

Mr. Huntly Jenkins submitted that there was no evidence against Newton. Judge Rentoul said that the case must go to the jury. As to Regan, his Lordship held that there was no evidence, and a verdict of Not guilty was entered.

(Defence.)

JOHN TONE (prisoner, on oath). I live at 18, Phoenix Place, with my wife. I was at my mother's place this night and left there about nine o'clock. I arrived home about 9.20 p.m. and did not go out any more. My wife has been confined and cannot come here. I was in bed at about 10. My wife woke me up and said there was somebody banging at the door. I got up, put my trousers on, and there was Tossina standing at the door. She stayed there banging till I opened it. Constable Willard, Sergeant Sims, and two other constables were hiding behind the door. That woman turned round and says, "Do you know the washing you gave me?" I said, "I don't know you." Willard and the other sergeant both sprang from behind the door and said, "You are too quick," and with that they arrested me and charged me with being in possession of leather. I contradicted it. Sims, Willard, and I went upstairs to the top floor. Sergeant Sims banged at Mrs. Gray's door. They shouted out "All right." The door was opened. Sergeant Sims asked Police-constable Willard whether he could identify any man in the room. There were two men. He said, "No, I cannot; the man is not here." Then we came down. I went into my wife; the constable and the sergeant stood in the passage. I suppose I had been in there two minutes when Sergeant Sims shoved the door open and came in Willard stood in the frame of the door and Sims pointed to me and distinctly asked him if I was

the man. He said he was almost certain. Then the other constable who was behind him, standing in the passage, said when I asked him to put that in writing about the "almost certain," "If he is not sure I am." I was asked to dress and go to the station, which I did. It was then four or five minutes past one. I am sure of that because the post-office clock is opposite. There is an Italian and his wife living on the second floor overhead. I do not know Newton. I have not seen him before. I have seen Tossina. I do not know her to speak to.

Cross-examined. If any policeman say they have seen Newton and me together they are making a mistake.

Mrs. TONE (prisoner's mother), 1, Burgess Court, Mount Pleasant. Prisoner came to my house on January 30, about one o'clock. He went home and came back to dinner. At 6.15 I left to go to my office cleaning and came hack about 9.15. He was in there asking his brother to lend him a shilling till Saturday. He left about 9. 30 to go home.

Sergeant KENWARD recalled. I have seen Tone and Newton together on three or four occasions previous to their arrest. I have frequency seen them near where Newton lives. (To the jury.) I have seen them conversing outside the "Eagle" at the corner of Baker's Row.

(Friday, March 8.)

JUDITTA TOSSINA (prisoner, on oath). I know that I am charged with being in possession of stolen goods. Five families live in 1, Baker's Row. I only moved in that week. I was bad all the day the police came to the house. After I had my supper at 7 p.m. I went to lay down again. I heard someone in the passage. I wondered what was the time, and got out of bed, opened my room door, and there was a tall fellow with a parcel on his head. I said, "Who is that?" It never occurred to me to ask what they had got or not got. The yard does not belong to me. I could not recognise the fellow proper. I do not see him here to-day. I went for a walk up Baker's Row and across the passage into Bath Street. There were about 10 persons outside the pub off Crawford passage on the pavement. I stopped to talk to them. They went up to the door. The pub was getting shut. They offered me a drink. I said, I do not drink; good night," and walked away by myself, with no one in Bath Street. In Warner Street I saw two constables standing on the corner opposite my house, or rather opposite the corner pub. 324 E is one of them; the other is not here. I went into my passage. While I was shutting the door I heard someone running. I said, "What is the matter?" The constable said, "I want to come through your passage to see what is in the yard." I said, "You want to get me inside. You have got no reason." He said, "You have some stolen goods." I said, "How do you know that." He said I offered him 1s. 6d. and three pence. I had three shilling pieces and fivepence halfpenny in coppers. I was searched at Holborn Town Hall. Could I offer him 1s. 6d. and three pence? It is not true. I said to the other constable "I am a poor woman; don't you frighten me into trouble; I have enough trouble." He said, "If you won't, let us

in will you go and get the person who brought the stuff here." I said, "If I can recognise him I will." I said I would go to Phoenix Place by myself. I did not take him there. I could not recognise Tone as the one that brought the parcel to my house.

Verdict, Guilty.

Newton and Tone each confessed to a previous conviction. Numerous other convictions were proved against both.

Sentences: Newton, Twelve months' hard labour; Tone, Eighteen months' hard labour; Tossina, Six weeks' imprisonment on each indictment, to run concurrently.

BEFORE JUDGE RENTOUL.

(Friday, March 8.)

DISTLEMAN, Sidney (20, barman) ; unlawfully procuring Annie Fisher to become a common prostitute; conspiring and agreeing together with Maurice Hyman to procure the said A. Fisher to become a common prostitute.

Mr. Roome and Mr. Montagu Shearman prosecuted; Mr. Purcell defended.

Verdict, Not guilty.

BEFORE JUDGE RENTOUL.

(Friday, March 1.)

HUGHES, Riley (23, seaman) and MAJOR, Thomas William (39, licensed victualler), pleaded guilty of: Hughes burglary in the dwelling-house of Joseph Stower and stealing therein one suit case, two overcoats, and other articles, his goods, and one overcoat and other articles, the goods of Herbert Henry Fletcher; Major feloniously receiving one suit case and one overcoat, the goods of Joseph Stower, one overcoat and one jacket, the goods of Herbert Henry Fletcher, one ring and other articles, the goods of Mabel Sawyer, and one pendant and other articles, the goods of Jessie Alice Griffin, in each case well knowing the same to have been stolen.

Previous convictions were proved against Hughes.

Sentences: Major, Twelve months' hard labour; Hughes, Three months' hard labour.

BEFORE JUDGE LUMLEY SMITH.

(Monday, March 4.)

TAYLOR, Ernest (39, confectioner), and OSBORN, Alfred (40, coster) , both stealing one parcel, containing six boxes of veiling and one box of tinsel, the goods of Bean's Express, Limited.

Mr. Cecil Ince prosecuted.

ARTHUR HOWARD , van guard to Bean and Co. I am 14 years old. On the evening of February 14 I was in charge of a van in Broad Street outside my employers' premises, standing behind it, when the two prisoners came up with a barrow and took a large hamper off it. Osborn walked past my van, looked at me, and said, "It is all right." Taylor jumped on to the van and caught hold of a hamper. I shouted out asking what he was doing; he put it down again. I then called the manager out, and prisoners were arrested.

JAMES HENRY INGRAM , manager to Bean and Co., 36 Broad Street, la the evening of February 14 I was in my office when the last witness made a communication to me. I went out and asked Taylor three times why he had got on the van; he made no reply. The police were sent for and prisoners were arrested.

Cross-examined by Taylor. When I came out there was a hamper on your barrow and a hamper, on the footway. You did not say you had been by the van to make water.

Cross-examined by Osborn. I did not ask you any questions. When the police-constable arrived I threatened to lock you up, and Taylor said, "I wish you would, you might have to pay for it."

Police-constable THOMAS WARD, City. At 7.55 p.m. on February 14 I was called to 26, Broad Street; the last witness said he wished to give the two prisoners into custody for stealing a parcel from a van two minutes previously. I asked them if they had any explanation. Taylor said, "I was going to make water against the wheel of the van when the boy called out to me and I did not do it." Osborn made no reply. I conveyed them to the police station. In reply to the inspector Taylor said, "I was going to strike the boy for calling out to me."

Taylor, in his statement before the Magistrate, repeated his statements when arrested.

(Defence.)

ERNEST TAYLOR (prisoner, on oath). On the night of February 14 we were pushing a barrow loaded with large conspicuous images worth £5 or £6, when I found that a piece of wood which we used to keep the spring of the barrow in position, had fallen out, I sent Osborn back to get it, but he was unable to find it. We then took the barrow into a side turning and took a hamper off in order to adjust the spring. I was going to make water against the wheel of the van when somebody halloaed out to me A man would not

push a heavy barrow if he was going to steal parcels. I am a man of very good character.

Cross-examined. I did not jump on the van. I did not tell the inspector I jumped on the van to strike the boy. Osborn did not pass and then repass the van. Boys surmise these things. I did not explain to the manager, because it was not my place to tell him my business; I did not take much notice of what he said. I did not see the boy there until the manager came out.

ALFRED OSBORN (prisoner, not on oath). The van boy gave different evidence at the police court as to the distance the parcel was shifted. Lads will imagine things and firmly believe them to be the truth.

Verdict, Both Guilty of attempting to steal.

Osborn confessed to having been convicted of felony on June 22, 1903, at Southwark Police Court. He was stated not to do any work.

Sentences (each prisoner): One month's imprisonment.

BEFORE JUDGE RENTOUL.

(Thursday, December 11, 1911.)

PENDRIGH, Ernest (37, labourer) , attempting to obtain from John Edwards £2 10s. and from John Brazil £1 15s., and obtaining from John Domville Ross a banker's cheque for £6, all by means of false pretences with intent to defraud; conspiring to defraud the said persons and divers tradesmen and other persons of their moneys.

Prisoner pleaded guilty, to the first three counts but not to conspiring.

Mr. Clarke Hall prosecuted and explained that prisoner's method was to fall down outside tradesmen's shops, such as butcher's, and to claim compensation on the ground that he had sustained some injury as the result of the carelessness of the employees in leaving fat and other refuse on the pavement. This had been going on for a number of years.

Judge Rentoul, in sentencing prisoner, said that, although he had never been criminally charged before, the police evidence was to the effect that he ought to have been a great many times.

Sentence: Eighteen months' hard labour.

[This case was accidentally omitted from the report of the December Sessions.]

ESSEX CASES.

BEFORE MR. JUSTICE BUCKNILL.

(Thursday, February 29.)

WOOLMER, Harry (22, labourer) , rape upon Ivy Woolmer (his half sister, aged 10).

Sentence: Three months' hard labour.

BEFORE MR. JUSTICE BUCKNILL.

(Thursday, February 29.)

LIMPUS, Walter James (34, machinist), was indicted for, and charged on the coroner's inquisition with, the wilful murder of Lucy Limpus and Stanley Limpus.

Mr. Graham-Campbell prosecuted; Mr. George Elliott, K. C., defended.

ROSE E. CLAPTON , wife of James Clapton, 49, Mile End Road. My stepdaughter, Lucy Limpus, was the wife of prisoner; they had one little boy, Stanley, aged two years and eight months. On February 12 I went to the mortuary and identified the two bodies.

ERNEST LOCKE , newspaper boy, 7, Elm Road, Forest Gate. On February 11 I was delivering papers in Stork Road at about 7.30. I noticed prisoner come out of 24, Stork Road; he had a bloodstained hatchet; when he got on to the pavement he called out, "Murder, murder, murder"; he hit the railings with the hatchet; his eyes were bloodshot. I went for the police.

Mrs. ALICE PETERS, 31, Stork Road. Prisoner lived in a house opposite to mine. On February 11 at 7.35 a.m., I heard a crying and moaning noise. Looking out of my window I saw prisoner standing at his gate holding his head and moaning. I called out to him, "What is the matter?" he took no notice; he picked up an axe and went inside. He looked very white and agitated.

FREDERICK R. PRETTY , newsagent, 1, Fox Road, Forest Gate. I have known prisoner by sight for some time. On February 11, about 7.30 a.m. he called on me; he was in his trousers, shirt, and slippers; the shirt was dishevelled and slightly bloodstained. He said, "I have murdered my wife and boy." I went back with him to 24, Stork Road. In the bedroom I saw the woman and the child lying on the bed face to face, smothered with blood, in a tangled heap. I sent for a doctor and for the police.

Cross-examined. Prisoner's manner was very strange; he was muttering incoherently.

Police-constable FREDERICK SHORT, 652 K. I saw prisoner standing at his door. I said, "What's the matter, boy"; he replied, "Good God, I have murdered my wife and child; go in to them; I done it with an axe." I went into the bedroom and saw the woman and child lying on the bed with their heads battered in. Prisoner further said to me, "Let me die; I want to die; I must be mad; I will go quietly; is she dead; I don't know what made me do it." There was no sign of any struggle in the room.

Police-constable ALBERT HARRIS, 751 K. Prisoner was handed over to me by Short. Prisoner said to me, "I have committed the murder, constable; I have killed my wife and child; I had a terrible night; I wish I had killed myself; I have had no sleep for nights; I have had a nervous breakdown; my poor little boy has been ill with bronchitis; I ought to have committed suicide, as their lives were worth more than mine; it was a cold-blooded crime for me to do; I must

have been mad; I must go to the gallows." Prisoner had on him £1 3s. 4d. in cash and a savings' bank book showing a credit balance of £52 11s. 6d.

Detective-inspector ALBERT YEO, K Division, spoke to charging prisoner, who made no reply. Witness found in the bedroom the axe produced.

Cross-examined. Prisoner has always borne an excellent character; he was in possession of considerable means. He has been attending the London Hospital suffering from neurasthenia. When I saw him there was no sign of drink about him; he was labouring under great mental excitement.

Dr. CHAS. JOSEPH STOCKER, West Ham. On February 11, about 9.30 a.m. I went to 24, Stork Road, and there saw the bodies of the woman and child; the former was still breathing; she died in a few minutes. On February 13 I made a postmortem examination. On the woman there were evidences of great violence to the head; there were six distinct wounds. I saw the axe under the bed; the wounds could have been caused by blows from that. The cause of death was comminuted fracture of the skull and laceration of the brain. There were similar injuries on the head of the child.

Cross-examined. The violence must have been very great, as though the person inflicting the wounds was labouring under frenzy. I should say that the woman had been struck while sleeping. Neurasthenia and insanity frequently merge the one with the other.

(Defence.)

WILLIAM NORWOOD EAST , medical officer, Brixton prison, who had had prisoner under observation since his arrest, and had learnt his life history, expressed the opinion that at the time he committed this act he was suffering from delusional melancholia and was not capable of knowing the nature and quality of his actions.

Verdict, Guilty, but that prisoner was at the time of committing the murder not responsible according to law.

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

BEFORE THE RECORDER.

(Thursday, February 29.)

CONNELL, Stephen (52, dealer) , unlawfully uttering counterfeit coin twice on the same day.

Mr. Whiteley and Mr. Otter prosecuted.

MARTHA O'BRIEN , provision shop keeper, 65, Angel Lane, Stratford. At 4.45 p.m. on February 10 prisoner came in and asked for two 1 1/2 d. eggs, tendering this half-crown. I said, "I think it is bad." He said, "Missis, give it to me." I tested it with acid; the coin still shows dark marks. I said, "This is a bad one." I had knocked for

my husband, and as he was coming into the shop I gave prisoner the coin back. Prisoner told me to put the eggs at the back and he would be back presently. My husband followed him. At 6 p.m. a policeman brought prisoner back and I identified him. I also recognised the coin.

EMMA ANNA PRATT , eel shop keeper, 43, Angel Lane, Stratford. About 5.15 p.m. on February 10 prisoner came into my shop and asked for twopenny worth of eels. I gave them to him and he gave me this half-crown (produced). I put it in the tester and found it was bad. I bent it and told him it was bad, and he said he had no bad money. On February 12 I identified him at the police station.

Police-constable JOSHUA STEVENS, 876 K. At 5.30 p.m. on February 10 I followed prisoner into the "George" public-house, Broadway, Stratford, and told him I should arrest him on suspicion of having just previously uttered a bad half-crown at 25, Angel-lane. I took him to the shop where he was identified by Mrs. O'Brien. I showed her the coin with the acid mark upon it, she identified it; I had found it in his pocket. When charged he made no reply.

SIDNEY WILLIAM SMITH , Assistant Assayer, H. M. Mint. This half-crown (produced) is counterfeit.

Prisoner's statement before the magistrate: "I have nothing to say now and I have no witnesses to call."

STEPHEN CONNELL (prisoner, not on oath). I was dealing in second-hand clothing and I got this half-crown amongst other money, and I was not aware that it was bad. I must have had it in my pocket two or three hours. I was a bit silly with drink and I did not know that Mrs. O'Brien had tested and marked it with acid; she simply said, "I do not think this is good."

Verdict, Guilty.

Prisoner confessed to a previous conviction of having counterfeit coin in his possession on December 10, 1907, when he was sentenced to five years' penal servitude; there were two previous convictions against him for the same offence. Further convictions were proved, in one of which he was sentenced to five years' penal servitude for burglary.

The Recorder stated that he did not think this offence was one for which prisoner could be punished with penal servitude, and therefore the indictment that he is a habitual criminal should not be proceeded with.

Sentence: Eighteen months' hard labour.

BEFORE THE RECORDER.

(Monday, March 4.)

BROWN, Frank William (50, farmer), and HUBBARD, Frederick (35, dealer) , unlawfully receiving on September 22, 1911, a pony and governess cart and other goods, which had been before then obtained by false pretences from Gertrude Elizabeth Mousley, well knowingthe same to have been obtained by false pretences, with intent to defraud; other counts charging similar offences.

Hubbard pleaded guilty to obtaining the articles by false pretences with intent to defraud; also to conspiring with other persons to obtain them.

Mr. Bodkin and Mr. Roome prosecuted; Mr. Ernest E. Wild defended Brown.

[Refer to the trial of Brown, on another indictment, at last Sessions, page 568.]

GERTRUDE ELIZABETH MOUSLEY , Sunbury Laundry, Cadbury Road, Upper Sunbury. I manage my father's laundry. Last September I had a pony and governess cart; this is a photo of it. I advertised it for sale and received an answer from a man named Pettitt, of Clerkenwell Road. I replied to the letter and on September 22 two men came, one of whom gave his name as Pettitt. The other man gave no name. I recognised Brown as the man; he gave no name. He said he was Pettitt's foreman. My brother was there at the time. I sold them the pony and cart, two sets of harness and extras for £36 10s. Pettitt gave me a cheque for that amount. This is it. I paid it into the bank. It was returned marked "no account." If I had known it was not a good cheque, I would not have parted with my property. I communicated with the police. I have since seen my property and identified it.

Cross-examined. I thought I had made a good bargain. I think it was worth what I asked. I gave £30 for the lot. I had taken great care of the pony. The men seemed to be thoroughly respectable people, whose cheque I should not hesitate to accept. They thoroughly imposed on me.

GEORGE EDWIN MOUSLEY , brother of last witness. I was present when my sister sold the pony and cart. On September 29 I went to 37, Clerkenwell Road, which was where a man named Pettitt had letters addressed. He was not there. On January 12 I went to Manor House Farm and saw my sister's pony and cart and other things in the possession of Brown.

Cross-examined. The men seemed respectable and imposed upon us both. I taw nothing of Brown until January last at his farm.

JOHN EDGAR PARKER , White House Farm, Stebbing, Essex. My father is a farmer and I assist him. On September 29 last a man came to us who gave the name of Archer, another who gave the name of Wilson and a third who gave the name of Brown. Prisoner Hubbard is the one who said he was Brown. I knew Wilson before, but the others were strangers. Archer talked about buying some horses. I offered to sell a grey mare cob and two cart geldings. These are photos of them, marked 2 and 3. I wanted £145 for the three. They came in a pony and trap to my farm. No. 1 is a photo of it which belonged to the last witness. They did not buy that day. The three came next day and offered £130 for the horses, which I accepted. Brown later gave me a cheque; he was alone. This is the cheque, which I thought was good. It was paid into the bank and returned marked "no account." Hubbard took the horses

away. I communicated with the police. On January 10 I went with the police to Manor House Farm, belonging to Brown at Walthamstow. I saw my grey mare there in the pasture. She had her knees cut. She was quite sound while in my possession. Two days later I saw my other two horses at Walham Green in the possession of Mr. Price to whom they had been sold.

Cross-examined. I never saw Brown until January. He had nothing to do with buying these horses that I know of. These two men, Archer and Hubbard, were apparently respectable people. They were not got up in rather a swagger way; they looked very substantial. They fairly imposed upon me. I was partly influenced by them and Wilson who keeps an inn at Stabbing. He is a respectable man and he told me the money was all right. I have known him for a little while. I do not know that he is an ex-policeman. The grey mare was worth £30 and the others £50 each.

CHARLES MORTLOCK , farmer, Charity Farm, Great Barfield, Essex. On September 30 two men came to me; one is a butcher named Britton, living three miles from me; the other man was the prisoner Hubbard; I did not know his name then. I had a bay mare for sale. This is her photo. I asked £30 for her. He went away and came back with a man who gave the name of J. Archer. He looked at the horse and finally bought it for £37, giving me this cheque signed "J. Archer," which I thought was good. I paid it into the bank; it was returned marked "no account." The horse was taken away the same afternoon. On January 13 I went with the police to Bulls Farm, Walthamstow, belonging to Brown, and there in a stable I saw my bay mare.

Cross-examined. Mr. Britton is a respectable man. He was no party to the fraud. The two men who came, Hubbard and Archer, were a very plausible pair. On Britton's recommendation I sold them my horses.

THOMAS WARWICK , master carman, 45, Whitmore Road, Hoxton. Last October I occupied stables at 51, Whitmore Road, Hoxton. About September 23 Hubbard called upon me. I afterwards received telegrams from him, and in consequence sent my son-in-law, William Hooker and a man named Wood to Liverpool Street station to fetch some horses. I do not remember the date, it was a Saturday evening, I think it was September 30. They came back with three horses. This photo No. 5 is of the bay mare, and photo No. 3 is of two cart geldings the property of Mr. Parker. I put the three horses in my stable at Hoxton. On Sunday evening, October 1, Hubbard came to my private house. He was afterwards joined by somebody else. Next day Hubbard came again early in the morning. He hung about the stables. Brown came about 1.30 or 1.40. He asked for a man named Brown down the yard. He did not give me his name. He went to the stables. They took the horses out in the yard and ran them up. They went away with the three horses. Brown went away in a little pony trap. I was paid nothing for stabling the horses. Hubbard had another man with him, Thompson is supposed to be his name. Brown was about

half an hour at my place altogether. He said nothing about the horses that I could hear.

Cross-examined. I have a good-sized stable, holding about 30 or 40 horses. I thought that Hubbard was a respectable man. While they were in my yard I was minding my own work.

WILLIAM HOOKER , carman, employed by the last witness. On September 30 I went to Liverpool Street station to fetch three horses. I have seen Hubbard at the stables. I heard him called "Brown." Later on I saw Hubbard take the horses away with another man. I did not see Brown there.

Cross-examined. Hubbard took the horses away about 2.30 p.m.

JONATHAN DIXON , farmer, Ongar, Essex. On October 1 I was delivering milk at the "Lion" Hotel, Ongar. I saw Hubbard there, who showed me a grey cob with a roan pony and a governess cart. The cob had her knees scratched. I recognise the pony and cart from this photo. He asked me to buy them. I declined. The same day Hubbard drove up to my farm about 10 o'clock, driving the pony and cart. I showed a grey cart horse I had for sale. This is a photo of it, No. 4. He did not buy it that day. On October 3 he came again with another man called Tidd, in a motor car. Hubbard was called "Brown." I showed them my horse, Tidd agreed to buy it for 30 guineas. There was another man with them named May. I agreed to let them have my horse. We went to the "Lion" where they bought a black horse of the landlady, paying £4 5s. in cash, which put confidence in me. After that Tidd handed me a cheque, I think for £31 10s. They took the horse away. I paid the cheque into my bank, it was returned marked "no account." When I parted with my horse I thought it was a good cheque. I next saw my horse at Warren's coal depot on January 16 at Upper Holloway.

Cross-examined. I never saw Brown at all. The men who called upon me seemed quite respectable. They thoroughly imposed upon me and I can understand their imposing upon anybody else. Coming in a motor car and flashing a bit of money about helped in the imposition.

GEORGE HENRY MAY , The Farm Cottage, Manor House Farm. I rent my cottage from Brown. On October 3 I went to Ongar to fetch a horse for Brown; he told me to go to the "Lion" Hotel to ask for a horse for Mr. Brown. I went to the ostler and he took me into the bar to a man whom I now know to be Hubbard. I did not know him at that time. Brown did not tell me to ask for Hubbard, the ostler took me to him. I went with Hubbard and another man to Mr. Dixon's farm; they went across the fields and brought a grey horse back with them. We went back to the "Lion," where I saw the grey mare with her knees cut, also a black horse which was bought by Hubbard from the landlady for £4 5s. I brought the three horses to Manor House, Walthamstow, about 11 o'clock at night. I put the black horse in a field and the two greys in the stable. I saw Brown. He asked me "How many have you got?" I said three. I had directions to bring one back. I did not notice whether he was surprised when I said I had brought three. He gave me 10s., which was my charge for fetching them. On January 18 I went with Sergeant Hedges to the Green Yard,

Walthamstow, and there saw the two greys I had brought from Ongar. I had seen a red roan pony and car; at the accused Brown's farm, I do not know when.

Cross-examined. I know that Brown had three farms called Bull's Farm, Manor House Farm, and Folly Farm. He keeps a considerable number of horses, sometimes as many as forty at a time. I know that his vans go about all over London. I know that part of his trade consists in collecting refuse food from hotels, extracting the fat, using the food and refuse for the feeding of pigs, therefore he was in need of strong horses, vanners. There was no secrecy about fetching the horses. I know he was taking a horse to be tried.

GEORGE GORDON , 91, Approach Road, Victoria Park, M.R.C.V.S. On October 9 a man came to my surgery with two horses; I believe his name was Brown, they were going to be bought by Messrs. Warren, coal merchants, who wanted them examined. I did not examine them, because I saw they were much too small for them. I then communicated with Mr. Price, who trades as E. Goodman; he wanted some horses. Price came and eventually bought the horses for £70, I believe. One was a chestnut, the other a bay gelding.

Cross-examined. Nobody has prosecuted me. I made no inquiries where the horses came from. Messrs. Warren are well-known people.

ERNEST GRIFFITH PRICE , trading as B. Goodman, 38, Haggerston Road, Dalston, contractor. I need horses in my business. On October 9 I went to Mr. Gordon's surgery and bought two horses there for £70. I still have them. I paid a cheque for them and got a receips.

Cross-examined. My transaction was perfectly straightforward. The horses are worth the money.

GEORGE JACKSON , Frisknay, Lincolnshire. On December 6 Hubbard came to me about some horses I had for sale; he gave the name of B. Clark. I showed him some horses, which he looked at. He came again on December 9, having bought them the day before by telegram signed "Tattersalls." I let him have the horses and he gave me a cheque for £85. I thought it was a good one. I let him have four horses. I had my doubt about the cheque and telegraphed to the bank on which the cheque was drawn; in consequence of the reply I did not pay the cheque in, but communicated with the police. On January 11 I went with Inspector Bedford to Mr. Stutchbury's stables at Higham Hill and there saw my brown mare; this is her photo. These other two photos are of my three other horses. I never had a farthing for my horses. The same day I went to Bull's Farm, Walthamstow, and there saw my three other horses in the stables.

Cross-examined. I saw nothing of Brown in this matter; the only one I saw was Hubbard, who gave the name of Clark. £85 was a fair price.

HERBERT STUTCHBURY , 60, St. Andrew's Road, Higham Hill, Essex, coal merchant. I use horses in my vans. I know Brown. On December 14 I went to Bull's farm and there saw a brown mare. This is her photo. Brown wanted £40 for her. I took her away on approval. On January 3 I saw him again. I offered £35 and he took £38 for the mare. I gave him a cheque. I got no receipt. I kept the mare,

and on January 10 it was found by the police. I stopped payment by cheque, it not having been paid in. The police have now the horse.

Cross-examined. It is not uncommon when buying a horse to take no receipt. Brown made no attempt to pass the cheque through; he could have done. When buying a horse it is not customary to cross-examine where it comes from. I have always found Brown to be of good character. I have stood bail for him.

Re-examined. I have never lost a horse through him.

JOHN W. STOPS , clerk to Warren and Co., coal merchants. On January 14 I bought a grey cart horse from Brown. This is a photo of it.

Cross-examined. Brown buys his coke from our firm and has done so for some time. My firm buy a good many horses.

HUGH CHARLES OWEN , manager, South Tottenham branch, London and Provincial Bank. No one named Joe Pettitt ever had an account at our branch, nor Joe Archer, Joe Tidd, or H. Tattersalls. The cheque-book from which these cheques were obtained was given to a man named Charles Rose on February 28, 1910. It contained 48 forms; the account is still open but dormant. It was last operated on by Mr. Rose on March 9, 1910. Four of these five cheques now handed to me, which are out of the same cheque-book, were all presented at my branch for payment and returned marked "no account."

Cross-examined. Hubbard got held of the cheque-book and has been swindling people all over the country with the cheques. Nineteen have been drawn.

Inspector ISRAEL BEDFORD, M. Division. On January 10 I went with Sergeant Hedges at 8.40 p.m. to Manor Road. We saw Brown outside No. 6. I said to him, "We are police officers; do you rent Manor House Farm?" He said, "Yes, and the horses in the field are mine." I said, "We are making inquiries about three horses which were obtained on September 30 by a worthless cheque at Stebbing, Essex, and the grey mare, in the field there, has been identified as one of the horses obtained from Stubbing. Where did you get it from?" He said, "I bought it from a dealer outside here," I said, "Where does he live?" He said, "He said his name was Clark and he came from Caledonian Road." I said, Was anyone present when you bought it?" He said "No." I said "What did you pay for it?" He said, "I paid £20 for it, but have no receipt." I said, "How did you pay him?" He said, "I paid him in gold." I said, "Have you seen him before or since?" He said, "I had seen him several times before, but I have not seen him since." I said, "What date did you purchase the horse?" He said, "I could not say but it was the end of September." I said, "What time in the day or what day of the week was it?" He said, "That I could not say." I said, "Did you buy any other horses from Clark at that time?" He said."No, but I have bought other horses from him before." I said, "Do you know anybody that knows Clark or his address?" He said, "No, I don't know. He told me he was a dealer and that is all I know about him." I then told him that I was not satisfied with his explanation and should arrest him for receiving these horses. He

said, "All right, if you are not satisfied I must go with you." He was charged on the 11th, when he said he was not guilty. On January 11 I had another conversation with him at Walthamstow Police Station, after he had been charged with the last offence. I said, "In continuing my inquiries I find that on December 14, 1911, you sold a grey mare for £38 to Mr. Stutchbury, coal merchant, St. Andrew's Road, Walthamstow. Can you explain to me how you came into possession of that mare; it has been identified as one of four horses obtained at Frisknay, in Lincolnshire, by means of a worthless cheque." He said, "It was brought to my place by the man Clark, who said, 'It is a useful mare; I thought you could do with it' I asked him how much he wanted for it, and he said '£40.' I told him it was too much for me, but if he would like to leave it for a week to see what it was like, I would try to buy it. I told him it was too heavy for my work. He left it and said he had three useful vanners which I could have in the same way. Next day He brought these other vanners and left them for a while. Then he came to see what I was going to give him for them. I told him I would give him £30 for the big horse, £30 for one of the vanners, and £10 each for the other two. He said it was not enough, and I told him I should not give any more; have them or leave them, so he said, "All right, you had better have them." I said, "How did you pay him for them?" He said, "I paid him in money, gold." I said, What day was this and where?" He said, At Manor Road, I don't know the date, it may be at the end of the week." I said, "Was anybody there when you had this transaction?" He said, "No, there was nobody there, then." I said, "Did you get a receipt for these animals?" He said, "No, I did not trouble; I got the horses, that is my receipt." I said, "Where are the other three horses?" He said, "Why, they are in my stable." Then I went with Mr. Jackson to the stable and identified his horses. Later on, I told the prisoner I was not satisfied with his explanation and should charge him with receiving the four horses. He said, "I did not know it." I think when horses are paid for by cheque, that is accepted as a receipt. When the charge was read over to him, he said, "I am not guilty of that."

Cross-examined. When charged he replied, "I did not know it"; that was in the last case, not the first one. I did not know when I first spoke to him that he had just come from Romford market. I did not think he was a little market merry. All the long questioning about Jackson's horses was after he was charged in the first case. After that he made a statement to Sergeant Phipp. I was rather a new arrival in the neighbourhood. Phipp had been there a long time. Possibly he would know Phipp better than he would know me.

Detective-sergeant WILLIAM PHIPP, N Division. On January 11 at 7 p.m. I was at Forest Road Police Station and saw Brown. He said, "Can I see my son about my business?" I told him I would speak to the officer on duty. He then said, "I want to be straight with you, Mr. Phipp, I wish I had never seen the man Clark; I am done; it has put me in a fine hole. The first I saw of him was in

August, when he brought three horses to me; one is now in my stable, a young four-year-old; it is in the top stall; the other two I sold to a farmer named Good or Goodman for £70. I hope you will not take these horses away at present, as it will upset my business; they will have nothing to work with; I would buy them of the owners if they like; I have never been in any trouble before; do you think they will let me have bail to-morrow?" I know him well. He has three farms and 50 or 60 horses now. Next morning, while I was conveying him in a cab to the court, he said, "I bought one or two other things from Clark, a grey horse, which is on hire at Warren's, Holloway coal depôt, also a pony and car, which are at the Manor House Farm." I saw the grey cob and the two geldings at Walham Green and Mr. Jackson's mare at Stutchbury's stable. I saw the other three horses obtained from Jackson at Bull's Farm in Brown's occupation, also a bay mare belonging to Mr. Mortlake. I saw at Messrs. Warren's depôt Mr. Dixon's grey cart horse, also Miss Mousley's pony and trap and rug, with articles wrapped up in it, at the Manor House Farm.

Cross-examined. Brown is in a large way of business now, both as a farmer and a contractor. He keeps a great number of pigs. I should think he is constantly buying and selling horses. I have known him for six or seven years. I do not remember two receipts being produced at the police court for these very horses. I did not see them. I do not know that Brown when first arrested by Bedford and me had just come from Romford market. I do not think he was a little merry. It was on his own account that he sent for me and told me he was in a fine hole.

(Tuesday. March 5.)

(Defence.)

FRANK WILLIAM BROWN (prisoner, on oath). I have three farms at Walthamstow, comprising 150 acres. I also contract with West End hotels for the removal of waste food and fat. For these purposes I work 24 horses, principally van horses. I have two butcher's and one provision shops, which my son superintends. I used to live at 6, Manor Road. When my son married 12 months ago he went to live there and I moved to Manor Farm. The money from the shops, from £80 to £110 a week, is kept in a safe in his bedroom there; it is purely a cash business. The takings as they go into the safe are mostly in gold. The contents of the safe are insured for £150, and this is the policy (produced). I first met Hubbard at a horse auction in Spitalfields about last August. He asked me what kind of horses I was looking for, and I told him vanners for 'buses. He said he sometimes had that class of horse for sale. I gave him my card and he told me his name was Clark and he lived in the Cattle Market, Caledonian Road; he appeared to be a dealing man. On October 2 he telephoned me and said he had two horses he thought would suit him. He had previously brought me a horse which I had rejected. He told me these horses were at the Warwick stables. I went that afternoon and saw the horses, and I said

they were too heavy for my work, but I thought I knew someone who could co with them; I said they were not sound. He wanted £130, but I said that was too much. He agreed to take £101, and I was to have them a week on trial. After the deal two men drove me home in a governess cart; I have known one of those men since was named Russell, and has been convicted; I thought at the time they were respectable. About 3 p.m. Clark brought the horses to me. On the way in the trap they said they had a colt, which had broken its knees, turned out to grass at Ongar, and Russell asked me if I would graze it for them. I arranged to send for it at the "Lion," Ongar, and to graze it for 3s. a week. He asked me later if I had any stabling to let, and I said I had not. On reaching my farm I told Smith, my man, that the horses were coming. I went to Manor Road, where I learnt that the horses had come. I went back to the farm and found Clark with the horses. I told him of the arrangement I had made as to the colt. He said he had two more useful horses at Ongar and asked me to get my man to bring them back with the colt. On the following afternoon I sent May, who happened to have a day off, to Ongar, giving him 10s., which Clark said he would pay me. He returned with the grey mare, grey horse, and black horse, which I turned out into the field. I next saw Clark on October 5, and I told him I had got the horses home all right. He tried to sell me the grey horse and grey mare for £20 each, but I said £20 was their full value, as the grey mare had been down, and the grey horse was a shiverer; I would have nothing to do with the black horse. On about the 10th I settled with him for the first three. On Mr. Gordon's suggestion I sold two of them to Messrs. Goodman for £70; I thought when buying them they would do for Warrens, the coal merchants, but they would not suit them. On October 10 Clarke came to 6, Manor Road, for the money for the three horses. He preferred cash, so I gave him £100 10s. in cash from the safe, in the presence of my son and daughter, and I produce the receipt. It was then that I offered him £20 a piece for the colt and the grey horse. He asked me if 1 could do with the pony and trap, and thinking they would be useful for the missus I bought them for £15 after bargaining. I had not sufficient ready cash to pay him then, as be wanted the money. He took away the black horse a day or two after. On October 17 he came for his money. I paid him £55 in the presence of my son at 6, Manor Road, and he gave me this receipt (produced). He said if he had any more useful horses he would let me know. At about the beginning of December he telephoned me saying that he had a good vanner for which he wanted £40. He brought it next morning. I said I had no use for it as I had plenty of farm horses, but I eventually bought it for £31 10s. He said he had two cheap and one young vanner, and he agreed to send them down next morning for me to look at; he asked about £60 for them. They came next morning. About four days later he rang me up and asked if they suited. I said I would give him what they were worth. He came that afternoon to Bull's Farm where I was seeing a Mr. Binley on business. I went with him (Clark) to 6, Manor Road, and I agreed to pay him 30 guineas for a big vanner which he brought first, and £10 each for

another two, and £30 for a five-year-old one, as I was short of vanners at that time, £81 10s. in all. He showed me a receipt for £85 that he had paid for them, and told me where he had got them, but I said he had bought them too dear. I paid him in cash in the presence of my son. He did not give me a receipt on that occasion as we had no stamp—I had the horses and so I was all right. I had no idea that anything I bought from him had been obtained by fraud. I sold one of these horses to Stutchbury for £38 because he took a fancy to it; he saw it at work in the streets; he paid me a cheque on January 3, but I did not pay it in until January 10. I had other animals working in my vans; I did nothing whatever to alter their appearance; they were pasturing on my farms, which are perfectly open. One of them I let out on hire to Warrens. When I was arrested I had been to Romford market; I was taken by surprise and hardly knew what I was saying. It was quite true when I said I had no receipt for the single horse that was grazing at Manor House Farm; nothing else was said about receipts. I had forgotten all about the other receipts at the time. When kept in custody for 24 hours my son found them and they were handed to the magistrate.

Cross-examined. I generally keep 24 horses and I had that number in October. I bought these horses for my business as I wanted them. I had six in foal, but they were not included in the 24. Six of my 24 others were not fit for work. All of these nine horses I bought were put to work except the grey colt. I did not buy Parker's heavy horses to work; I bought them to sell at a profit; I had work that I could put them at, but as I could sell them at a profit I did so. I put Dickson's horse in one of my vans; I only hired it to Warren's as they were short. To take the place of Parker's horses that I sold I bought two from Jennings; I have no document to show that, but he is in court to substantiate that. I did not buy any horses to take the place of Dickson's and Jackson's that I sold. The £195 18s. 6d. drawn on my account on October 19 I paid in complete payment of the freehold of one of my shops. Last summer I borrowed £100, part of which I paid back in December; I borrowed it to put in the business, as the outgoings in summer for haymaking, etc., are more than the incomings. I could not use the money from the butcher's shop, as that was wanted for restocking. I got back the money that I had paid for the horses by realising in autumn on my haystacks and live stock; in about September I got a cheque for £200 from Ballard for crops, and I had that money to spend in October. I say that the money that took the place of the money I took out of the safe came from the cash takings every week in the business. Out of the takings I buy the meat; I never draw cheques for that. I do not know that I drew cheques for the £237 I had paid for the horses to put back in the safe. I agree that by September 30 my bank account shows nothing paid for horses. Before the magistrate I called no witnesses, neither did I give evidence myself. I know that my solicitor also appears for Clark, but I was not consulted in the matter; I saw no reason to object. When I told the police that I had not seen Clark since I had bought the horse that they were inquiring about from him, I was in such a state that I

was not responsible for what I was saying. They said they had only come about that one horse, and I appreciated it was the grey mare that had broken its knees; they did not question me about the other two horses that I had bought at the same time so I said nothing about them. It was true when I said I had bought it from a dealer; I meant Clark. It did not occur to me that I had seen him again in December. I may have told Bedford that nobody was present when I bought the grey mare, but that was not correct, as my son was there. In giving £55 for the two horses and pony and cart with accessories, I was giving full value for them. I did not ask Clark where they came from. I had no reason to ask him where he had got any of his horses from. About November I heard that the man whom I saw with him, Thompson, was arrested, but I had no reason to think he was working with him, for the reason that I saw the man who was actually working with him afterwards. The fact that Clark sold me horses for less than he said he had given for them caused me no surprise; I had bought horses and lost on them many a time. (Mr. Bodkin proposed to put to witness statements Hubbard had made on his arrest. Mr. Wild objected and the Recorder upheld the objection.) I read an account of what Clark said before the justices. I have not seen any statement that he made. (Mr. Wild objected to this statement being put to witness on the ground that what he said in that statement was not evidence against prisoner, having been stated in his absence. This objection the Recorder upheld, stating that it was always open to the prosecution to call Hubbard.)

Re-examined. While I have been waiting for trial Clark was arrested; I had nothing to do with him in the meantime. Since Thompson was arrested I have seen the man who was working with Clark, and I in no way connected Thompson with Clark. The pony that he had sold me had been driven to death; I have made it a little better now. When arrested I had had a few drinks. My balance at the bank was £211 on October 16 and on the 17th £218. I keep no books.

FRANK BROWN , 6, Manor Road. I am a son of prisoner. The managers of the shops accounted to me for their takings. I keep the key of the safe which is in my bedroom. I remember Hubbard, whom I knew as Clark, bringing three horses in October. I remember hint coming a week later when my father paid him £100 10s. which I got from the safe. He wrote out this receipt (produced). They had an argument about three horses and my father agreed to buy two greys. About a week after Clark came and my father paid him £55, which I again fetched from the safe; he gave a receipt (produced). I found these receipts in one of my father's pockets when he was in custody; I gave them to Mr. Sherman, who gave them to the Chairman of the Bench. The next I saw of Clark was in December. I heard he had bought a mare. Later that week he was paid £81 10s., which I brought from the safe; my father had previously rung me up and asked me if I had the money in the house and then they came. A receipt was not given as there was no stamp.

Cross-examined. I am a foreman of vans in London, but I am generally at home after lunch. The money in the safe was the weekly takings from the shops; we do not keep any permanent record of it. Provisions are sometimes paid for by cheque as well as out of the takings. £101 is nothing extraordinary. We keep £150; I have had £200 in the safe and we let the money accumulate again. The takings of the three shops average a little over £100 a week. We tike more on Saturdays than other days. I was not present when my father was first seen by the police officers. I went in and out. I heard a remark about horses they were inquiring about, and a grey horse, I think. I looked in my father's pockets for receipts because I knew there were some. I left them on the table. I did not inquire where Clark was after my father was charged. If I had seen him I should have had him arrested. I thought I could rely on the police to find him. I did not see him the day my father was arrested or on the remand day or have any communication with him. I saw those two receipts written in my house. The reason there was no receipt given for the £81 10s. was because we had not a stamp, and I think my father told Clark it did not matter. I did not put a slip of paper in the safe to show what I had taken out. We usually have trouble in the autumn with the horses. The wet and sweat cause them to break out in sores and the harness rubs them, and occasionally we have one or two sore shoulders. Last autumn we had 24 to 30 horses—some working, some turned out, and some breeding—18 or 20 were for the business. Some were sick, I believe. I know we were very short. As far as I know nine horses were bought of Clark for the business.

Re-examined. I collect fat from the hotels and have nothing to do with what horses my father buys or sells. I start work at 4 a.m. I have the key of the safe and they can't get money out without me. I only heard snatches of conversation between the police and my father. Nothing was said to warrant my interfering. I have left Clark to Scotland Yard.

JOHN NOSWORTHY , Lee Bridge Road, Leyton, contractor. I am in large way of business and use about 50 horses and buy a number. I have had many transactions with prisoner and my father before me. On July 10 last he paid me £94 10s. in cash for horses. This is the receipt (produced). He uses a large number for his business. About Michaelmas last two or three men with three horses pulled into my yard, which I hire of the "Deer and Hounds." It is a livery yard and post-house. One of the men asked the way to the prisoner's premises. I told him. A day or so after prisoner asked me on the telephone if I could do with two or three horses. I went to him the following Sunday. He showed me the horses. I thought he was asking too much for them. He said, "I have already a client in hand and have as good as sold them." Two or three weeks before Christmas he asked me on the telephone about some horses which he wanted to buy or hire for his business, as he was busy and had five or six of his own laid up. I had none to sell but I lent him one to go along with. I buy horses at the repositories every day. It is not the custom

to give receipts in England, Scotland, Wales, or Ireland. In many cases they are uneducated people and could not give receipts.

Cross-examined. I buy horses of private people sometimes. I would buy a horse from a man I had never seen before. I should use a certain amount of judgment. I should ask him where he got it from. I gave the prisoner a receipt for a horse he bought of me. I asked him for an open cheque, and he said I could have cash if I preferred, and he paid me £94 10s.

Reexamined. If a man were apparently respectable and I had met him at horse sales I should be perfectly willing to trust him.

GEORGE SMYLIE , yard foreman, Bull's Farm. Some day in October a strange man brought three horses to Bull's Farm. I had seen prisoner there that day. He and Hubbard, I believe it was, had a conversation. Prisoner said he would give him £101. Four more horses came in December—a mare in the morning and three later. Hubbard said to the prisoner, "How are you off for van horses?" He said, "I have plenty, but they are laid; up ill." He said, "I have three good ones I could sell you," and prisoner said, "Send them in the morning," and he said, "So I will," and he sent them the next day. I saw the dealer (Hubbard I believe it was) later in the week in the yard with prisoner. Prisoner said to him, "I will give you £81; come along with me and I will pay you."

Cross-examined. I heard £81—not £81 10s. My hearing was all right then and is now, thank God. I am prisoner's yard foreman and have been with him for two years. I told prisoner after he was locked up that I heard this. He was very frightened when I reminded him of it. I know Mr. Sharman. He did not take down what I said. When he came to ask for the money he had to go up to prisoner's office. I don't keep the money at my mansion, or I might spend it. I saw Hubbard in October once after the three horses came. He did not come with them.

EDWARD FRANK BINGLEY , dealer, Rose House, Tottenham. I have had dealings with Brown for some time. About the middle of December I was in his farm yard, Walthamstow. I wanted to sell him 50,000 or 60,000 wood-paving blocks. Brown and another man were having a deal. Brown said to the man, "I am going to have them, or lease them; I am going to give you £81 10s. for them and no more." The man said, "You had better have them," and he said, "All right, come up the road and I will square up with you," and he turned round to me and said, "I will see you in half an hour." The man is the one called Hubbard. I saw Brown about the blocks a few days after; they were for paving his yard. The deal came off later. He paid me in cash, about £40. I did not give a receipt. He said, "There is the money—you won't have it twice over."

Cross-examined. The conversation about the horses did not concern me. I was in a yard where a gate parted the two yards. I could not help hearing what they said. About a month or six weeks after Brown said, Do you remember my having a deal with a man about some horses?" and I said, "Yes." Of course, I am sure it was £81 10s. mentioned.

JOHN JENNINGS , cow dealer, Lower Edmonton. I have known Brown for many years and had a lot of dealings with him. I sell him horses and lots of fat cows. He bought a horse of me at Christmas for £27. I think he paid me by cheque. I had another deal with him after—a mouse-coloured cob, for £20—for which he paid in cash. I also dealt with him for a fresh calf-cow and sold him a black mare. We exchanged and I paid him the difference. I have always known him as a straightforward, honest man.

HENRY YOUNG . In February or March last year I bought some mangel wurzel of Hubbard. This is the receipt (produced). He afterwards offered to sell me a horse, which I did not buy. It was bought by Mr. Causton. I always took him to be a respectable person. If I had wanted the horse I should have bought it.

JAMES CAUSTON , carman and contractor, Lower Tottenham. I bought a horse and van in exchange of Hubbard last March and gave him £15 and three days after I had to buy it of Smith, a farmer, again. Hubbard had no right to sell it. I got some of the money back. The horse, I found, was not paid for in the first place. I thought he was an honest man.

Cross-examined. I have known Brown for four or five years. He told me a month or so ago he had bought a horse of some man. He passed under the name of Frederick Hubbard. That is the receipt he gave me: "Received of James Causton the sum of £15, chestnut carthorse, value £40." I cannot read or write. I should not have dealt with him if I had not thought he was a respectable man.

Several witnesses to character were called.

(Wednesday, March 6.)

Verdict (Brown), Not guilty.

Hubbard was stated to have been concerned in a large number of cases of fraudulently obtaining horses by means of forged cheques in various counties, there being 15 warrants out besides the present case. He desired that all the charges should be taken into consideration.

Sentence: Eighteen months' hard labour.

SURREY CASES.

BEFORE THE RECORDER.

(Tuesday, February 27.)

STUCKEY, John Albert (32, goldsmith), pleaded guilty of breaking and entering the dwelling house of Harry Gray and stealing therein one watch and other articles, his goods.

Prisoner confessed to a previous conviction of felony at the Newington Sessions on November 8, 1910. A number of convictions dating from November 26, 1906, were proved.

Sentence: Eighteen months' hard labour.

BEFORE THE RECORDER.

(Wednesday, February 28.)

JONES, Arthur (24, miner), pleaded guilty of, on January 30, 1912, breaking and entering the dwelling-house of the Royal Wimbledon Golf Club and stealing therein 14 boxes of cigars, 100 cheroots, and other articles, their goods; on January 9, 1912, breaking and entering the dwelling-house of the said club and stealing therein £4 13s. 6d., two cheques for £21 5s. and £5 respectively, one bottle of whisky and other articles, their goods; assaulting John Gillan, an officer of the Metropolitan police, in the execution of his duty.

Prisoner confessed to a previous conviction of felony at the Middlesex Sessions on June 5, 1909, when he was sentenced to two years' hard labour.

It was stated that Police-constable John Gillan's leg had been severely injured. Four further convictions dating from February 21, 1904, were proved, and prisoner was stated to be an associate of thieves.

Sentence: Three years' penal servitude.

BEFORE JUDGE RENTOUL.

(Wednesday, February 28.)

LUXTON, Samuel (30, painter), and LUXTON, Cecil George (17, clerk), breaking and entering the dwelling-house of Frank Sydney Beaman and stealing therein two salvers and other articles, his goods, and feloniously receiving some.

Cecil George Luxton pleaded guilty; the prosecution offered no evidence against Samuel Luxton and a verdict of Not Guilty was entered.

His brother undertaking to look after him, Cecil George was released on his own recognisances in £10 and those of his brother in a like amount to come up for judgment if called upon.

BEFORE JUDGE RENTOUL.

(Tuesday, March 5.)

BALLER, Frederick (23, stonemason) , breaking and entering the dwelling-house of John Henry Brierley and stealing therein one jug and one dish, his goods; receiving the same knowing them to have been stolen.

Mr. Tully-Christie prosecuted.

JOHN HENRY BRIERLEY , 170, Sheen Road, Richmond. I locked my house up on the evening of February 3. Next morning I found the larder window open, top and bottom, and on the larder shelf there was a partly consumed bunch of grapes, on the window-sill outside a glass dish. I also saw a considerable number of burnt matches on the shelf, window-sill and staircase of a kind not used in the house. On the window-sill I found the mark of a boot heel. I missed a plated jug and a butter-dish stand. I have since seen those. I put the value of 6s. on Exhibit 1.

CECILIA BEASLEY , 14, Lower Mortlake Road, Richmond, general dealer. At 4.30 p.m. on February 5 prisoner came to my shop. He said, "Is the governor at home?" I said "No." He asked 2s. for the butter-dish and cream jug. I said, "They are of no value; I will give you 1s.; I hope these things are not stolen." He said, "No, I should not bring them to you if they were." I had never seen prisoner before.

Cross-examined by prisoner. I think you did say they belonged to a friend of yours.

Police-constable ROBERT BROWN, 757 V. I was on duty in plain clothes on February 5. I saw defendant enter the shop of last witness. I saw him leave. Next day, at eight o'clock, I went to her shop, when I saw some property which answered the description of some property stolen from 170, Sheen Road. At 10.20 I saw prisoner in Lower Mortlake Road. I told him I was a police officer and should arrest him on suspicion of house-breaking at 170, Sheen Road. He replied, "You will have to prove it." I told him I saw him come out of the shop, 16, Lower Mortlake Road. He said, "I saw you." I took him to the station, where he was charged. In reply he said, "I deny it."

To prisoner. When you came out of the shop there was a man waiting outside for you. I believe he is an Army pensioner. You crossed the road in his company; you passed me. When I arrested you on the following Tuesday you did not seem surprised. Police-constable Tompkins, in answer to your question, said you would be told all the particulars when you got to the station. I never heard you say you had nothing to fear. I do not recollect you saying you could prove where you were at the time this occurred.

Police-constable JAMES TOMPKINS, 441 V. I saw prisoner leave the second hand shop on February 5 at 4.30. He crossed the road with a friend in the direction of the "Blue Anchor" public-house. At 10.25 next evening I assisted to arrest him. On the way to the station he

came quiet enough till he got to the railway bridge, then he struck me a blow in the mouth, causing my lips to bleed. When charged he said, "I am not guilty. You will have to prove it."

To prisoner. The blow was wilfully struck.

Sergeant THOMAS BOCK. I was present when prisoner was brought into the station. I said to him, "Do you want to be put up for identification," He said, "Why?" I said, "Yesterday afternoon you sold a butter-dish and jug in the Lower Mortlake Road for 1s." He said, "That is quite right. I did sell them. I got 1s. for them, but the woman must identify me as the one who sold them. Supposing I say I did not sell them, how do I go on? The most you can do is charging me with unlawful possession." I said, "Yes, we will put you up for identification as soon as we can get the men." He said, "I want men as near like me as you can get them." We then got in a number of men and prisoner objected to five of them. Mrs. Beasley identified him just as the men were leaving the station.

FLORENCE EMMS , 18, Worple Way, Richmond. On February 3 I was employed by prosecutor. The window was closed when I left in the evening. The following morning I found the window open top and bottom and things outside on the window-sill. I told Miss Dodsworth, who was in the house.

(Defence.)

RILEY HUGHES . (To prisoner.) On the night of February 2 I was in your company at Shepherd's Bush. You stayed with me on Thursday and Friday nights there. Between Christmas and now you have not seen me more than twice. The reason I came to Richmond the night I was arrested was to find out whether you were in custody and to see if I could get money to get a solicitor for you because I knew you were innocent of housebreaking. (To the Judge.) I committed a burglary to try and get the money to get a solicitor for this man. I was caught in the act of doing it. I have been convicted for that. (To prisoner.) I did not come to Richmond with the intention of seeing the police to try and clear you of this charge, because I should have been giving myself up. (To the Judge.) I heard this man was in custody accused of housebreaking and I knew at that time he was with me, so he must have been innocent. After that I was caught and I thought to myself, "Well, I will see if I can get a mouthpiece for this man."

Cross-examined. I have been going about with prisoner up to Christmas. Since then I have seen him two or three times. I committed a burglary; I do not know whether it was Sheen Road; it was the back of the police station. I do not know the date. I done it alone.

FREDERICK BALLER (prisoner, on oath). I am charged with breaking and entering this gentleman's house between the night of February 2 and 3. The prosecution have offered no evidence against me whatever.

JUDGE RENTOUL . No; there is no evidence of breaking into this house at all. It is being in possession of this stolen property.

Prisoner. I believe it was Monday, February 5, I was walking with a man that was seen in my company opposite this woman's shop. I was asked by him to dispose of this property. When he gave it into my possession I believed he got it in an honest way. He assured me it was given him by his mother; she had it given to her where she was working. If I had known this property was stolen I should not have taken it to this woman's shop, which is only a few yards from my own door.

Cross-examined. I received the goods from this man about three, Monday afternoon. He is a man known to the police. I cannot disclose his identity. He has been very good to me when I have been in distress. I sold them, but I did not know they were stolen. If I had known I should not go and sell them to an honest woman. The man had tried to sell them himself but had not succeeded, and he asked me to sell them for him.

Verdict, Guilty of unlawful possession.

Prisoner confessed to a previous conviction. Other convictions were proved.

Sentence: Twelve months' hard labour.

BEFORE THE RECORDER.

(Friday, March 8.)

SLATER, William (22, gardener), POWELL, Patrick (23, labourer), and SHERSHEWSKY. Lewis, 30, jeweller; Slater and Powell breaking and entering the dwelling-house of Francis William Garlick Catsell and stealing therein one hand glass and other articles, and £1 6s. 4d., his goods and moneys; Slater breaking and entering the dwelling-house of Oswald Carpenter and stealing therein two brooches and other articles, the goods of Daisy Ida Carpenter; Shershewsky feloniously receiving two brooches, one pendant, one bangle and other articles, the goods of Daisy Ida Carpenter, well knowing them to have been stolen.

Mr. Warburton prosecuted; Mr. Tully-Christie and Mr. Purcell defended Shershewsky.

Slater and Powell were first tried for house-breaking.

Police-constable FREDERICK WELSH, 487 N. Shortly before 8 p.m. on Saturday, February 10, I was in plain clothes in Wilton Crescent, Vimbledon, when I heard a dog barking loudly; shortly afterwards the two prisoners, whom I have known for the last 18 months, came up the road. I told them I was a police officer, and wanted to know what they were doing in the road. They told me they had been to see a young lady. I asked them where the young lady lived. They said, "Just back here in one of these houses." I said, "I am not satisfied with your statement about the young lady. I will go back and see her." As we were going along Powell tripped me up and they both

ran away. I gave chase and caught Slater. He was very violent. As we were struggling he put his hand in his pocket and threw something into the garden of Nos. 8 and 9, Wilton Gardens. I threatened to use my truncheon on him. He said, "All right, I will go to the station." A uniformed officer then came up; I told him in the presence of Slater, "He has thrown some jewellery in these gardens." The officer then searched the gardens. On the way to the station Slater said, "It is a pity you got me, I was going to get married in about a month's time. You ought to have got the other chap, he was loaded with stuff and had a stick on him (meaning a jemmy) as well." On searching him I found six pocket handkerchiefs, one silk handkerchief, the stopper of an electric torch, a watch, a bracelet, a ring, and sleeve-links, which have all been identified by prosecutor. In company with other officers I afterwards went to 14, Great Dover Street, Wandsworth, and arrested Powell. When charged he smiled and said, "I suppose Slater has shopped me." Powell is now wearing a black bandage over his eye; he was not wearing that when arrested.

FRANCIS WILLIAM GARLICH CATSELL , 22, Wilton Gardens, Wimbledon, surveyor of taxes. On Saturday, February 10, I left my house quite safe. When I returned home at 10.30 p.m. I found the whole place in disorder; the police were there. The glass of the back door was broken and the door was forced. Articles produced with the exception of the handkerchiefs are my property and disappeared on that night.

EDITH MARTIN , domestic servant to the last witness. At 6 p.m. on February 10 I left the house securely locked up with nobody in it; when I returned at 10 p.m. I tried my key in the front door, but could not get in. I got in by the back door, which had been broken open, everything, was in disorder, and the front door had been bolted on the inside.

Detective-constable CONSTANTINE WOODS. At noon on Sunday, February 11, I went to 14, Great Dover Street, Wandsworth, where I saw Powell in bed. I told him I was a police officer from Wimbledon and was going to arrest him for being concerned with Slater in breaking into 22, Wilton Crescent, and stealing jewellery to the value of £12. He said, "Who sent you here?" I said, "You were with Slater last night when you both broke into the house, Slater was arrested and you escaped. You answer the description of the man, and your photograph has been identified." He said, "I suppose Slater shopped me," meaning gave him away. I called Police-constable Welsh into the room, and in the presence of Powell I said, "Is this the man?" Police-constable Walsh said, "Yes that is him." I told Powell I should search the room; he said, "You will find nothing tare, all the stuff I had I threw away."

Police-constable ARTHUR LYONS, 760V. About 8 p.m. on February 10 I went to Wilton Crescent, in answer to a police whistle, and found Police-constable Welsh struggling with Slater. I afterwards searched the garden of No. 10, Wilton Crescent, and found an electric torch and an automatic toy pistol; on the pavement outside I found a yellow metal locket and a yellow metal charm (produced).

Police-constable CHARLES ANGLESTEIN, 635V, deposed to finding a gold pendant, metal brooch, and signet ring at No. 8.

Francis William Garlick Catsell identified these articles as his property.

WILLIAM SLATER (prisoner, not on oath). As I was coming along Wilton Crescent in company with another man Police-constable Welsh stopped me and asked me where I was going. I told him I was going home. He started searching me. The man who was with me tripped Welsh up and ran away, while I fell over with Welsh. He used me so violently that he tore the collar of my coat off. I had just met the fellow I was with and had not really recognised him. I did not say that the other man had a lot of stuff on him.

PATRICK POWELL (prisoner, not on oath). On February 10 I was at work from 6 a.m. till 8 p.m. Police-constable Welsh has not known me for 18 months; he has never seen me before in his life. I want to call Slater as a witness to prove that I was not with him on the Saturday.

The Recorder. You cannot call the prisoner Slater, because he has not pleaded guilty.

Verdict (both), Guilty.

Slater and Shershewsky were then tried with regard to the breaking and entering the dwelling-house pf Oswald Carpenter, and feloniously receiving the property.

DAISY IDA CARPENTER , 37, Kenilworth Avenue, Wimbledon, wife of Oswald Carpenter, secretary. At between 5 and 6 p.m. on February 9 I left my house quite safe, with no one in it; when I returned soon after 1 a.m. I found the house had been entered by the scullery window; everything was in confusion. The bracelet, gold bangle, a little nugget of gold, two brooches, a pin, a silver mirror, a silver-backed brush, four silk handkerchiefs, a pair of pants, a knife guard, a little clock, a pillow-slip, a nightgown, bedspread (produced) are my property and were missing that night.

Detective-sergeant JOHN GILLON. At 1.30 p.m. on February 12, I, in company with Police-constable Woods, went to 36, York Road, Battersea, which is a small jeweller's, a watch-repairing shop occupied by Shershewsky. I said to him, "We are police officers. Are you the proprietor?" He said, "Yes." I said, "On Friday night last 37, Kenilworth Avenue, Wimbledon, was broken into; we have got two men in custody, ages 22 and 23, for committing the offence. Amongst other things stolen were two gold brooches, a gold pendant, one gold bangle, one hair brush with silver-mounted back, one gold locket, one silverbacked mirror, a pair of glove stretchers." I handed him a list and asked him to read it. I said, "These articles have not been recovered, and we have got good reason to believe that you purchased them from the two men in custody on Saturday last." I cautioned him. He said, "I have not seen the articles and therefore I cannot have purchased them. I do not know the men you refer to." The only description I had given of the men was that there ages were 22 and 23. He said, "Search my shop." At the same time he went to a locker and produced a rolled-gold watch and chain, and said, "These are the only articles I purchased on Saturday last." I said, "Knowing what I do know

I am not satisfied with your statements; I believe you are telling me lies." Turning round to Police-constable Woods I said, You stop here whilst I go to Whitechapel and Houndsditch and make inquiries." As I was about to leave the shop Shershewsky called me back, saying, "Here—you seem to know a lot about these things—suppose I bought them and sold them to somebody else, what then?" I said, "If they purchased them genuinely they have got nothing to fear." He said, Well, from what I can see of it, if I do not tell you you will find out. I am sorry 1 did not tell you the truth when you came in. On Saturday morning I bought two brooches, a bangle, a locket, and a pendant, a hair brush, mirror, and glove stretchers from two young fellows. I paid 10s. for them. One of them had a patch over his eye. I sold the brooches, bangle, and pendant to Laytons, Osborne Street, Whitechapel; amongst them was a bird's-eye brooch belonging to my wife. I sold them at 28s. the lot." That would be the two brooches, the pendant and bangle. He said, "The hairbrush, mirror and glove stretchers I sold to Marks Plotkin, Houndsditch." I then made inquiries and found his statements to be correct. When I returned I told Shershewsky that I had heard the jewellery was broken up. He said, "Oh, yes, that is right, I forgot to tell you that." I conveyed him to the police-station. When charged he said, "Well, I did not exactly know they were stolen."

Cross-examined by Mr. Tully-Christie. I have known Shershewsky four years. He is a Polish Jew and was naturalised last November. He speaks English fluently. He has never had any charge made against him before.

Police-constable CONSTANTINE WOODS corroborated. When Sergeant Gillon left to make inquiries I remained with Shershewsky. He said to me, "I am very sorry I bought that now. Of course I knew it was stolen. I am very sorry I told him a lie about that bangle. I did not sell it in Osborne Street, I sold it to the old gentleman who has just gone out of the house." Presently an old man who had been in the shop returned, and Shershewsky said to him, "Have you got that bangle I sold you?" The old man then went and got the bangle. I asked him in the presence of Shershewsky how much he gave for it, he replied "5s." He gave his name as George Williams.

Cross-examined. I took a note of what was said. In my note of "I am very sorry I bought that now of course I knew it was stolen" there are no commas. It could not have been, "I am very sorry I bought that. Now of course I know it was stolen."

Further examined. At about 9 p.m. on February 101 visited No. 1, Graveney Road, which is the house where Slater lives with his parents, I found in a bedroom a clock on the mantelpiece, a bed-spread on the bed, a pillow-slip, a nightdress, a pair of pants; the young woman with whom Slater has been keeping company gave me four silk handkerchiefs. All those articles have been identified by Mrs. Carpenter. When charged Slater gave his address at 1, Graveney Road; he said, you may do me for receiving, but you cannot for housebreaking."

MARKS PLOTKIN , jeweller, 106, Houndsditch. On Sunday, February 11. Shershewsky, whom I have known for three years, came to my

shop and sold me the brush, mirror, and glove stretcher produced for 8s. He told me he took them in exchange from a customer. I did not think them very cheap. As a matter of fact I sold them for 6s. He also offered me some broken jewellery, which I did not buy.

To Mr. Tully-Christie. I have always found Shershewsky strictly honest.

JOSEPH LAYTON , 17, Osborne Street, Whitechapel, jeweller. I have known. Shershewsky for two years. Between 12 and 2 p.m. on Sunday, February 11, he called on me, as Was his custom, and brought me some broken jewellery, including a bird brooch and a wedding ring, for which I paid him 26s., which was the market price for that weight of gold. That same afternoon I melted it down into nugget produced. He has always borne a good character.

GEORGE WILLIAMS , 51, Darien Road, Battersea. I have known Shershewsky for two years; I run errands for him. On February 12, between 1 and 2 p.m., I saw bangle (produced) on his shop bench; I asked him to sell it to me, and bought it for 5s. On Monday the police asked me for it and I gave it to them.

Cross-examined by Mr. Tully-Christie. It is common for working jewellers like Shershewsky to have pieces of broken jewellery.

Detective SIDNEY PHIPPS, V Division. It is customary for the police to circulate an official "Pawn List" of articles stolen among pawnbrokers, and to tell them to communicate with the police if they are offered any such articles. At. midday on Saturday, February 10, I landed Shershewsky a private list (produced) containing, among other things, the property stolen from Mrs. Carpenter's house. I told him that was property stolen from Wimbledon, and asked him to make a careful search, and if anybody should come and bring it to him he was to notify the police at once. He replied, "All right." As he seemed to read it hurriedly, I read it out to him.

EDWARD ALFRED TAYLOR , Broadway Market, Wimbledon. I have been a jeweller for 25 years I estimate the retail medium price of the silver-backed brush at 12s. 6d., the mirror at 18s. 6d., the glove stretchers at 5s., the gold bracelet at 25s. or 30s. I consider 8s. for the silver things is a perfectly ridiculous price.

(Defence.)

LEWIS SHERSHEWSKY (prisoner, on oath). I became a naturalized English subject last November; I produce my letters of naturalisation. Since 1907 I have carried on a jewellery and watchmaker's business at 30, York Road, Battersea. Sergeant Phipps called on me on Saturday, February 10, as I was opening my shop, gave me a paper, and said, Read it over." I looked at it. He told me if any such articles were brought to me I was at once to communicate with the police. At about noon the same day Slater and Powell called; Slater said he was going to get married and wanted a wedding-ring. They then produced the bangle, two brooches and a pendant, and said they wanted 12s. I weighed it and found it to be five pennyweights. As the gold would not have sold for more than 7s. 6d., I offered them 6s.; but as they

refused I ultimately gave them 12s. That is a fair price. I bought them because I really did not know they were in Phipps's list. He did not read the list out to me. On Monday the police came and frightened me, and I said, "I have not seen anybody, and I have not bought it." I afterwards said I was a fool not to have told them before, and I gave them all the information in my power. I did not know they were stolen when I bought them. I said, "I am very sorry now, I can see they are stolen."

Cross-examined. I did not see anything odd in two young men like Powell and Slater being in possession of part of a lady's toilet. When the officers came I first of all denied all knowledge of these things. I disposed of the things at once, because I was short of money.

Three jewellers were called, who stated that Shershewsky had a good character for honesty and truth.

WILLIAM SLATER (prisoner, not on oath). At 10 p.m. on Friday, February 9, I bought this stolen property from a man whom I have seen once or twice in the streets selling plants. I do not know his address. After I was arrested I gave a description of the man to Police-constable Woods. I did not know it was stolen property. I sold part of that property to Shershewsky. I did not break into Mrs. Carpenter's house.

The Recorder directed that there was no evidence of housebreaking. Verdict (both), Guilty of felonious possession.

Slater confessed to having been convicted at Newington Sessions on June 30, 1911, receiving nine months' hard labour for housebreaking; Powell confessed to having been convicted at Newington Sessions on March 21, 1911, in the name of Robert Handyside, receiving 12 months' hard labour for housebreaking and receiving, after four previous convictions for felony and three summary convictions; Slater was bound over at the South-Western Police Court on October 1, 1910, and on February 24, 1911, for loitering. He was stated to have been in the Army reserve for a short time, from which he deserted. His father and brother were convicted housebreakers; Powell was stated to be rather weak-minded and easily led away. Owing to statements made by convicts Shershewsky had long been suspected of receiving stolen property.

Sentences: Slater and Powell (each), Eighteen months' hard labour for housebreaking; Slater, Nine months' hard labour for receiving, to run concurrently; Shershewsky, Fifteen months' hard labour.

MIDDLESEX CASE.

BEFORE MR. JUSTICE BUCKNILL.

(Monday, March 4.)

SEDDON, Frederick Henry (40, insurance superintendent), and SEDDON, Margaret Ann (34), wilful murder of Eliza Mary Barrow.

The Attorney-General (Sir Rufus D. Isaacs, K.C.V.O., K.C., M.P.), Mr. Muir, Mr. Rowlatt, and Mr. Travers Humphreys prosecuted; Mr. Marshall Hall, K.C., M.P., Mr. R. Dunstan, and Mr. J. Wellesley Orr defended F. H. Seddon; Mr. Gervais Rentoul defended M. A. Seddon.

Police-constable Percy ATTERSALL, 266 E, proved plans for use in the case.

ROBERT ERNEST HOOK , engine driver, St. Austell, Cornwall. I knew Miss Barrow since 1896; she was then staying with my mother at Edmonton. On my mother's death in 1902 Miss Barrow went to live with my sister, Mrs. Grant, at 43, Roderick Road, Hampstead. I was then living there. In October, 1906, I knew that Miss Barrow had money in her possession; I helped her to count it; it was loose coins, and these were put into bags; altogether there was £420 put into bags; besides this gold there were banknotes; the coin and notes she put into a cashbox. On Mrs. Grant's death in November, 1908, Miss Barrow went to live at 53, Wolsley Avenue, with Mr. and Mrs. Kemp. She then went to live with a cousin, Frank Vonderahe, at 31, Hampstead Road, and continued there till July 26, 1910, when she moved to 63, Tollington Park. On the same day I and my sister took rooms at the same address. My sister died, leaving two children. Ernest and Hilda. Ernest continued to live with Miss Barrow; Hilda was sent to an orphanage at St. Margaret's. Ernest was then about eight years old. At 63, Tollington Park the arrangement with Miss Barrow was that my wife and myself should live rent free, my wife to teach her housekeeping and cooking. After the first time I saw deceased with money in her cashbox I next saw the cashbox at 31, Evershot Road; I saw it there on three different occasions. I also saw it on half a dozen occasions at 63, Tollington Park. In it there were bags containing each £20 in gold and some banknotes underneath the tray. At 63, Tollington Park, Miss Barrow had four rooms on the top (second) floor, two bedrooms, a kitchen, and a room unfurnished. My wife and I occupied the back bedroom. Ernest slept with Miss Barrow. My wife and I went there on the Tuesday before August Bank Holiday and left after a fortnight. On the Saturday before we left Miss Barrow and I went for a walk; we had a talk about the compensation for her public-house. She and I were always on good terms On the Sunday my wife and I and Ernest went to Barnet. Returning at six o'clock we found Miss Barrow was up; I had a friendly conversation with her. At ten that night Maggie Seddon brought me a notice to leave signed by Miss Barrow; I sent it back to her with a reply Later I saw Seddon; he said, "I see you do not mean to take any notice of Miss Barrow's notice to leave"; I said, "No, not this time of night"; she then told me I must clear out within 24 hours; he said that Miss Barrow had put all her affairs in his hands. I asked him if she had put her money in his hands; that seemed to surprise him; he said, "No." I said, "I will defy you and a regiment like you to get her money in your hands." He said he did not want her money, but he was going to look after her interests. At half past one in the morning I heard a rapping on my door and saw Seddon. He said,

You will go out of here to-morrow morning." He had tacked on my door a notice, ordering me to leave within 24 hours, signed "F. Seddon, landlord and owner." I left at ten the next morning. I called there the following day with my brother. I have seen a will of Miss Barrow's; I saw it in her box on many occasions and also in her hand, the last time at 31, Evershot Road. Her habits with regard to money were very close and careful; she did not spend much.

Cross-examined by Mr. Marshall Hall. After leaving 63, Tollington Park in August, 1910, I did not see Miss Barrow again. In November, 1911, I saw an account of the inquest, and I wrote to Chief Inspector Ward. I have been in the Army; in South Africa I had enteric fever, not very badly. I am 40 years old, about ten years younger than Miss Barrow was. She was no relation of mine; we had teen sweethearts. When she was living at my mother's house I saw her with a large sum of money. I first saw the cashbox at Mrs. Green's house. I do represent that Miss Barrow kept as much as £420 in gold besides notes in her cashbox. I knew that she had a deposit account at the Savings' Bank. I did not know that she also had an investment account. It is not true that my sister (Mrs. Grant) died of excessive drink; she did drink to excess. In 1906 I counted for Miss Barrow the money in the box; there was £420; I know the box could hold it, because I saw her put it into the box as I counted it. I helped to move from the Vonderahes to 63, Tollington Park, the move taking place between four and five. Creek helped me to load and unload; it was his cart. I carried the cashbox in my hand; it was covered up in an old apron and put in a brown handbag. I took the bag in the first instance to Evershot Road to put the cashbox in. The moving was not finished by five. I am certain we did not go into a public-house on the way while Miss Barrow held the horse's head; we stopped nowhere on our way. I had the bag in my hand the whole way. When we arrived there Creek brought in the chest of drawers; I gave the bag to Miss Barrow and she put it into the bottom drawer. I am certain she was the sort of woman who would keep gold of that amount in the house. I married on February 7, 1909. When I and my wife went with Miss Barrow to Tollington Park my wife was to give her lessons in housekeeping and cooking, and we were to have rooms rent free. She lent me 30s. to pay the expenses of moving my furniture and her's to Tollington Park. I exchanged some furniture with her, she giving me £3, the difference in value; this was about July, 1909. I was very hard up all this time. She was an old sweetheart of mine, and we were very great friends. It was a matter of importance to me that I should have these rooms rent free. She was not eccentric or bad-tempered. I did not think very badly of Seddon; I told him if he interfered with her money he would be in a rough corner. I warned her against him, and told her not to let any of her money go into his safe. I wrote her on August 8, 1910, in answer to her letter giving me notice because I had treated her badly. "As you are so impudent as to send' the letter to hand I wish to inform you that I shall require the return of my late mother's and sister's furniture and the expenses of my moving here and away." I knew she was very fond

of Ernie and she would worry a lot if he went away from her, but that was not why I added this postscript, "I shall have to take Ernie with me as it is not safe to leave him with you"; I wrote that to save a lot of trouble; I knew her letter had been dictated by Seddon; he had got her under his thumb and she was likely to do anything, and I did not know what would become of the boy; it was meant for her to consider that notice. Between leaving the house and her death I never warned the Vonderahes or anybody that it was her money that Seddon was after; I went to Cornwall instead. I told Mr. Shepherd and another man about it. I never expected she would leave me her money. I knew it was no good seeing the Vonderahes, the nearest relatives, about it because they were just as helpless as I was. It was a pure delusion on her part that I had treated her badly. On the night she wrote me the letter she was crying because I had taken my wife and the boy out and left her. The furniture that I sold her belonged to my sister; I sold it to pay the quarter's rent for Hilda at the St. Margaret's Orphanage. It is not true that since my fever in South Africa a little drink makes me very excited. I do not know whether I am quick-tempered or not. I never frightened Miss Barrow or got excited with her. When shown a piece of jewellery at the police court I said I would not swear that it had belonged to Hilda; afterwards I said it did not. I identified this watch at once as belonging to Miss Barrow; I said I saw no difference in it. It had originally a white face and it has a gold face now. I never knew when I identified it that it had a white face; I did not turn the face up to have a look at it. I did look at the face. I know I had said before somewhere that I told Seddon it would take a whole regiment like him to get her money from her. I had no grounds to go to the police to inform them of the position between the Seddons and Miss Barrow.

Cross-examined by Mr. Rentoul. I do suggest that Mrs. Seddon tried to influence Miss Barrow against me; I have never had the question put to me before; I have not changed my mind as to it.

Re-examined. I was always on good terms with Miss Barrow when I lived with her. The distance from Evershot Road to Tollington Park would be, I think, from 50 to 80 yards. There was not a public-house the way we went. I made a statement on December 10. On November'25 I received an account of the inquest and put myself into communication with the authorities.

To Mr. Marshall Hall. We did not go and have a drink when the van was loaded and we were about to start.

FRANK ERNEST VONDERAHE , 160, Corbyn Street, Tollington Park. I formerly resided at 31, Evershot Road, leaving there in the June quarter of 1911. Deceased was my cousin; when she died she was 49 years old. She came to Jive with us in the early part of 1910 and remained 11 months, when she went to 63, Tollington Park. Ernest Grant lived with her and she paid us 35s. a week for her and the boy's keep. She was very kind to him. She had rather peculiar ways with her; she dressed rather poorly for her position. I knew she had £l,600 Three-and-a-Half per Cent. India Stock, rentals from the "Buck's Head" public-house, £105, and a barber's shop adjoining,

£50, and she had, I believe, over £200 in the Finsbury Savings Bank. I saw on one occasion her cash box (Exhibit 2) open and in it there were what I took to be some bags of money and likewise a roll of banknotes, which were at the bottom below the tray. The bags were the same sort and colour that you get from the Bank containing £5 worth of silver. When on July 26 she went to 63, Tollington Park she took some furniture; I had nothing to do with the removal. I presume she took the cashbox. She left because she' got dissatisfied. I saw her several times subsequently in the Stroud Green Road and Tollington Park. I spoke to her; we were on friendly terms. I never went to see her at No. 63. I last saw her alive on August, 1911, in Tollington Park. About the commencement of November in the presence of Dr. Willcox, Dr. Spilsbury, and my brother I identified her dead body. On moving to Corbyn Street I gave notice of change of address to the post office and I have had letters delivered to my present address which had been addressed to Evershot Road. I never received a letter from male prisoner on or about September 14; I never received this letter addressed to me at 31, Evershot Road: "Bear Sir,—I sincerely regret to have to inform you of the death of your cousin, Miss Eliza Mary Barrow, at 6 a.m. this morning from epidemic diarrhoea. The funeral will take place on Saturday next about one to two p.m. Please inform Albert Edward and Emma Marion Vonderahe of her decease and let me know if you or they wish to attend the funeral. I must also inform you that she made a will on the 11th inst. leaving what she died possessed of to Hilda and Ernest Grant and appointed myself as sole executor under the will.—Yours respectfully, F.H. Seddon." I had a son who attended the same school as Ernest Grant. I had no notice of the deceased's burial; the first I knew of her death was on September 20 by inquiring at 63, Tollington Park; I had had some information given to me. On September 20 I saw a person whom I now know to be Mary Chater. (Mr. Marshall Hall stated he did not object to evidence being given of the conversation which ensued.) I asked to see deceased, and she said, "Don't you know she is dead and buried?" I said, "No, when did she die?" She said, Last Saturday, but if you will call about nine o'clock you will be able to see Mr. Seddon and he will tell you all about it." My wife and I called about 9.10 p.m., but we did not see him. My wife saw him the following day. On October 9 (I had not tried to see him before) I called with a friend, Thomas Walker, and saw him and has wife. I had never seen him before. He seemed to know who I was. He said to me, "Mr. Frank Ernest Vonderahe?" I said, "Yes." Turning to my friend, he said, "Mr. Albert Edward Vonderahe?"I said, "No, a friend of mine, my brother not being well enough to come." He said, "What do you want?" I said, "I have called to see the will of my cousin, and also to see the policy." He said, "I do not know why I should give you any information. You are not the eldest of the family. You have another brother of the name of Percy." I said, "Yes, but he might be dead for aught I know." He said, "I do not think so, but if so, you will have to swear an affidavit before a magistrate that he is dead. You have been making inquiries and talked about consulting

a solicitor. It is about the best thing you can do." I said, "Who is the owner of the 'Buck's Head' now?" He said, "I am likewise the shop next door. I am always open to buy property. This house I live in, 14 rooms, is my own, and I have 17 other properties. I am always open to buy property at a price." I asked him how it was that ray cousin was buried in a common grave when she had a family vault at Highgate. He said, "I thought it was full up." I said, "Who bought the India Stock?" He said, "You will be able to write to the Governor of the Bank of England and ask him, but everything has been done in a perfectly legal manner through solicitors and stockbrokers. I have nothing to co with it." He said he had bought the "Buck's Head" and the barber's shop in the open market. As I was leaving I said, "How about this annuity? What did she pay for it?" He said, "Taking into consideration your cousin's age and if you inquire at any post office, you will find she paid at the rate of 17 for one, and she had an annuity of £3 a week." He did not tell me by whom she was paid the annuity and I did not know. I learnt of the annuity from the letter he sent to my wife dated September 21 (Exhibit 3): "To the relatives of the late Miss Eliza Mary Barrow, who died September 14th inst. at the above address from epidemic diarrhoea, certified by Dr. Sworn, 5, Highbury Crescent, N. Duration of illness 10 days. As executor under the will of Miss Barrow, dated September 11, 1911, I hereby certify that Miss Barrow has left all she died possessed of to Hilda and Ernest Grant, and appointed me as sole executor in trust until they become of age. Her property and investments she disposed of through solicitors and stockbrokers about October, 1910, last, to purchase a life annuity, which she received monthly up to the time of her death. The annuity died with her. She stated in writing that she did not wish any of her relatives to receive any benefit at her death.

She had simply left furniture, jewellery, and clothing." It is signed "F.H. Seddon, Executor." I did not see him again until the inquest. After this interview I communicated with the Director of Public Prosecutions. I know for a fact that the family vault at Highgate is not full up. When I said I had come so see about "the policy" I meant the annuity that he had referred to in the letter.

To Mr. Marshall Hall. Miss Barrow was not under the impression that the vault was full up; I did not speak to her about it during her lifetime; she had the proof of the grave. Hook came to visit her several times when she was with us. He was not always short of money; I daresay she gave him money; I cannot say that I knew he took the furniture from Mrs. Grant's house when Mrs. Grant died. I know he sold some to deceased, and I presume it was his to sell. The bags were in the two compartments of the tray of the cash box. I see you cannot shut the box if the lids are open; the lids were practically shut, but slightly up, when I saw the bags. There were some few bags underneath as well: I am aware I have not said that before; I was confused when I was giving evidence before. I saw the tray out for a few seconds. There might have been a leather purse underneath, but I could not swear to it. The cashbox is a very old one, I believe; it has a common lock upon it. I am no judge of cash boxes or tin boxes.

Deceased once spat in my wife's face; she had very peculiar ways. After the last Budget she was very much worried about the Compensation Clause and she consulted me about her liability for the "Buck's Head." I drafted a letter for her on March 24, 1910, to the brewery solicitors. I will not swear that this letter (Exhibit 125) suggesting that she should be allowed to make certain deductions in respect of that property is the one; I cannot swear it is in my handwriting; I cannot recollect writing it; I will not swear that I did not tell male prisoner she had consulted me. (The witness on being asked gave a specimen of his hand writing—Exhibit 126.) Deceased did not have a little bit of a quarrel while she was with us. This document, dated March 27, 1911 Exhibit 7), is very much like her handwriting; I have never seen it before. I should say that deceased saying we had been unkind to her was a delusion; there was no foundation for it. I should not have been surprised if she left us none of her property; she was such a peculiar woman and she might leave it to a perfect stranger. She wanted to know the reason why the licensing duties were increasing each year and she seemed worried about it. She did not consult me about the proposed taxation on land; she might have mentioned it at the time it was going on. She did not tell me that a friend of hers, a Mrs. Smith, had bought an annuity. I know Mrs. Smith was in receipt of an annuity about that time. I remember the day of the removal, but I could not say what time it took place as I was not there. She kept her cashbox in a trunk, which, I suppose, was moved with the other things. When I saw her subsequently in the street she did not meet other people that I know of. Sometimes she would get offended over nothing and not speak to people for a week at a time. I did not see Hook again after he left 163, Tollington Park. He knew my address. I never had any communication from him. About three or four days (it may have been more, more than a week) before September 20 I heard from my boy, who was attending the same school as Ernie, that Ernie was ill, and then afterwards we heard that deceased was ill, but it was only hearsay. My wife told me after she had seen prisoner on September 21 that Seddon had told her he was going away for a holiday for a fortnight and would see me when he came back. I remember just before October 9 Ernie coming round and saying that Seddon was back and could see me. When I went round on October 9 I did not say I had come round to know about Miss Barrow's will "and the annuity." I am quite sure that deceased never told me when I met her out that she had bought an annuity. I agree I did not say before the magistrate that he wound up by saying, "I have nothing to do with it," but, as I said before, I had never been in a court before and I was very ill at the time and I got confused. Seddon and I parted on good terms. I never had an interview with the Public Prosecutor. I said nothing about arsenic to him. When I saw deceased last time she was quite well, only she complained of the heat. I know she consulted Dr. Francis and Dr. Paull in her time. I know that Jarman, a cheesemonger at Crouch Hill, was in the habit of changing dividend warrants for her; Mrs. Vonderahe always went with her. I have never changed a bank note in my life for her; nor did my wife to my knowledge. I

remember when Margaret Seddon brought a message round, but the door was not shut in her face; my wife told me in the evening that a girl had been round and asked if there were any letters for deceased and she had said "No." She was not treated discourteously. I did not resent deceased having left us. On one occasion there was a death at my house, and there was an inquest and burial. Deceased knew of this.

Re-examined. Dr. Francis attended her when she was living at Lady Somerset Road shortly before she came to live with us. On two nights previous to calling on the Seddons on September 20 my wife and I were passing their house and we saw all the windows of her apartments wide open, which was unusual; we had heard from our son that she was ill.

JULIA HANNAH VONDERAHE . I am the wife of the last witness. After deceased left our house I used to meet her sometimes in the street at various places; we were on quite friendly terms. The last time I saw her was towards the end of August in the street. I first heard of her death from my husband, and the same night I went with him to 63, Tollington Park. We did not see prisoners. The next morning I went with. my sister-in-law, Mrs. Albert Edward Vonderahe. Miss Seddon opened the door. We were shown into the sitting-room, where we waited some time. Prisoners then came in. Mr. Seddon turned to my sister-in-law and asked her whether she was Mrs. Frank Vonderahe. I said, "No, I am." He then handed me this letter, dated September 14, which I read. He asked why didn't we come to the funeral, and I said I had had no letter or I would have come, and I must go to the post-office and inquire why we did not receive the letter. I had never received any letter like that. About that time I had this business letter (produced) redirected from 31, Evershot Road to my present address; I got it on September 16; it is dated September 14. It has on the envelope "not known" and my present address. (The post-mark had been taken off.) He also showed me Exhibit 3, a copy of the will (Exhibit 4), and a memorial card (Exhibit 5), which he put into an envelope and gave to me. I did not had much conversation with him; while I was reading these he was talking to my sister-in-law. Just before leaving he said he had sent his daughter about a letter of deceased's and I had slammed the door in her face; I contradicted that. I asked him if he would see my sister-in-law's husband in the evening, and he said he was going away next day; he had wasted enough time and could not possibly see them. I said they would not detain him long, and he said he could not see them as he was going away for a fortnight. He said what a trying time they had had with deceased, how she had called them up and how he had gone up and told her she must not call them any more as they wanted their rest.

To Mr. Marshall Hall. I was there when deceased moved from our house to 63, Tollington Park; there was a cart and horse. There was nothing left behind that anybody came back for. As far as I can remember they started about midday and finished about three. She gave us a week's notice before she left; we had not exactly quarrelled but

she had one of her moods on—not speaking to anybody. There was no cause for her leaving. I saw her pretty frequently out of doors subsequently. When I last saw her she had a bad cold, but otherwise she seemed all right. When Margaret Seddon called for letters I did not shut the door any quicker than usual that I can remember. I went with deceased several times to Jarman's to change dividend warrants. Once she spat in my face, but I took no notice; she was very excitable and irritable. The children took off the stamp from the envelope enclosing this letter (Exhibit 127) as they collect stamps.

Re-examined. I found the letter since I was examined at the police-court, and I thought it was the letter I had referred to in my evidence.

AMELIA BLANCHE VONDERAHE . I live with my husband, Albert Edward Vonderahe, at 82, Gelderston Road, Clapton. On September 21 I went with my sister-in-law to 63, Tollington Park, where I saw prisoners. I saw Seddon give her several documents in an envelope. Besides those, he read to me Exhibit 7. I said that the copy of the will which he produced was signed with lead pencil, and he said it was only a copy and he would not give us the original. I said, "Of course the original would be taken to Somerset House for probate?" He said he had been to Somerset House, but there was no probate required on a will of that description; he said he had the original in his bank for safety. I asked him if he wished us to understand that Miss Barrow had parted with all her investments (I mentioned the "Buck's Head" and the barber's shop) and that she had bought an annuity which had died with her. He said, Yes, everything. "I said whoever had persuaded her to do that was a remarkably clever person—and she" was a very hard nut to crack if you mentioned money matters to her. He made no answer to that. I do not remember him saying who had granted her the annuity. He said that on the last night she was a vary great trouble to them; she sent Ernie down once or twice, but as his wife was worn out with waiting so much on her he had gone up himself; he had asked her what she wanted and he had given her some brandy, and had hoped that she would not trouble again as they were retiring to rest. He said the boy came down again after that and he went up again and gave her some more brandy (he did not say what time), and that he had left some brandy in the bottle, which was gone in the morning. I said I thought it was a great pity that she was buried in a common grave when she had a family vault at Highgate, but Mrs. Seddon said they had a very nice funeral; they did everything nicely. One of them said Ernie was at Southend. Mr. Seddon said he had no legal claim on the boy, but that he should always look after him; if the relatives could find a better home for him to go to he should let him go. We then left. Mrs. Seddon's only other remark was that she felt very ill through waiting on deceased and she was going to the doctor that day. In the early summer of 1910, when she was staying at Evershot Road, deceased showed me a gold watch, similar to Exhibit 121, attached to this gold chain (Exhibit 122). I saw a diamond ring similar to this (Exhibit 121) in her possession; the setting is precisely the same as when I saw it,

because I remember remarking to her that it looked rather like a gentleman's ring; I cannot say about the size. I recognise this gold chain with a blue enamel pendant (Exhibit 123); she showed it to me.

To Mr. Marshall Hall. The first thing that Seddon said when he came in was, "Why didn't you answer the letter that I sent you?" I told him that deceased was strange at times—she was not responsible at times, and he said, "You could never get her to do anything if she did not want to do it." Everybody agreed that she was a difficult person to handle when it came to a question of money. She was very deaf. Ernie used to shout into her ear what people said. Everybody had to shout.

Dr. EDWARD HENRY GROVE, M. R. C. P., stated that Dr. Cohen, the coroner who took the depositions on the inquest, was unable to attend to give evidence.

WILLIAM DELL . On September 1 I went to live at 31, Evershot Road. Three days afterwards I received a circular addressed to a Mr. Vonderahe, whose address I did not know, so I wrote "not known" upon it and reposted it. I received no further letters.

To Mr. Marshall Hall. Mr. and Mrs. Hughes did not come to live with us until September 16. I should say that the words "Not known" are in my son's writing. I, my wife, and three children lived in the house; we kept no servant.

ELEANOR FRANCES DELL , wife of previous witness, corroborated.

STANLEY GEORGE DELL . I live with my parents. I remember receiving a letter addressed to a Mr. Vonderahe. I crossed the envelope (Exhibit 127)"not known" and reposted it.

Several witnesses were called to prove the possession by Miss Barrow of certain bank notes, and the dealings with them by the two prisoners. The witnesses were not cross-examined. At the conclusion of this block of evidence the Attorney-General summed up its effect as follows: "It is established that there were in all 33 Bank of England notes of £5 each, the proceeds of cheques of Truman, Hanbury and Co., in favour of Miss Barrow at various dates extending from 1901 to 1910. These 33 £5 notes have been traced as to each of them as the proceeds of one or other of the cheques received by Miss Barrow from Truman, Hanbury and Co. for the rent of the 'Buck's Head.' Of those 33, six are proved to have gone to the male prisoner's credit with his bank; one on October 13, 1910, the other five on January 13, 1911. As to the remaining 27 of the 33, nine of them are notes with endorsements in the name of Scott, of Evershot Road. Those nine appear in this way. Two of them are endorsed in the handwriting of the female prisoner on October 14, 1910; endorsed by her with the name of M. Scott, of 18, Evershot Road; six are endorsed in the name of Mrs. Scott, of 18, Evershot Road; one in the name of Mrs. Scott, of Evershot Road; the remaining 18 of the 33 are traced to Mrs. Seddon. The whole period covered during the dealing with these 33 £5 notes is from October 14, 1910, when both the male and the female prisoner are dealing with the notes, until August 23, 1911. That is the last date traced." Mr. Marshall Hall pointed out that all these 33 notes were dealt with before the death of Miss Barrow.

Witnesses were called to prove the transfer by Miss Barrow of £1,600 Three-and-a-Half per Cent. India Stock on October, 1910, from her name to that of Frederick Henry Seddon. On January 25, 1911, Seddon gave instructions to sell out, and a cheque was given to him for £1,519 16s. 0d.

ARTHUR DOUGLAS LAING , clerk, London County and Westminster Bank, Lothbury. On January 25, 1911, F. H. Seddon opened a deposit account with the payment in of £1,519 16s. On February 1, 1911, there was a withdrawal of £119 16s. On March 6, 1911, the balance with interest was withdrawn and the account closed. All the withdrawals were effected in notes and gold.

EDWIN RUSSELL , solicitor, of Russell and Sons, 59, Coleman Street, E. C. In January, 1911, my firm acted for the male prisoner in the matter of the assignment to him from Miss Barrow of her interest in the "Buck's Head" public-house and a barber's shop adjoining. Exhibit 11 is the assignment, dated January 11, 1911, the consideration being the payment by him to her of an annuity of £52 per annum, in monthly instalments. At the suggestion of my firm a solicitor, Mr. Knight, acted separately for Miss Barrow.

To Mr. Marshall Hall. Miss Barrow wrote us several letters, which showed that she took an intelligent interest in the transaction.

HENRY W. D. KNIGHT , solicitor, 22, Surrey Street, Strand. I acted for Miss Barrow in the matter of the assignment, and attended the completion on January 11, 1911. She was very deaf. I read the assignment to her and also handed her the document, asking her to read the material part, that relating to the charging of the annuity; she read it in my presence, and executed the document. Russell and Sons paid my costs.

JOHN CHARLES PEPPER , chief clerk, Finsbury and City of London Savings' Bank. Miss Barrow opened a deposit account with us on October 17, 1887; it continued until June 19, 1911, when it was closed by the withdrawal of the balance of £216 9s. 7d.; Miss Barrow came with another lady and drew out that amount in gold. There was a run on the Birkbeck Bank at that time. She took the gold in two bags of £100 each, and 16 loose sovereigns.

To Mr. Marshall Hall. On September 30, 1909, Miss Barrow opened an investment account with the payment in of £10; she withdrew that with interest on April 7, 1911.

ARTHUR DOUGLAS LAING , recalled. On Friday last this cashbox was brought to our bank, and I saw placed on the top of the tray two bags each containing £250; there was left space for as much again. Under the tray was placed a bag containing £150 in gold; there was room for another £300.

To Mr. Marshall Hall. The box is a common, ordinary kind of box.

ERNEST GRANT . I am ten years old. I knew Miss Barrow all my life; I used to call her Chicky. I went with her to live at Seddon's house. At first I slept with her; later I slept in a little room by myself. I went for a holiday to Southend, and when I came back Miss Barrow was ill and had to stay in bed; I again slept with her. The last night I slept with her she kept waking up; she asked me to call

Mrs. Seddon. I did so, and Mrs. Seddon came up with Mr. Seddon. This happened several times that night. Eventually I went to my own bedroom, leaving Mr. and Mrs. Seddon with Miss Barrow; I never saw her again. She was always an affectionate and loving woman to me. The next day I went with two of Seddon's children to Southend and stayed at Mrs. Jeffery's house; I there first heard that Miss Barrow was dead. I remember the servant at the Seddon's house; I knew her as Mary" I now know her as Mary Chater. She never waited on deceased. Before deceased was ill she and I had our meals together in her room; Maggie Seddon used to cook the things in deceased's kitchen before she was ill, but after she was ill Mrs. Seddon attended her throughout. I used to see her taking medicine; Mrs. Seddon gave it her. I never gave it her. I saw her take it herself only once, when she was ill, in the day time. It was left by the side of her bed for her; she used to turn over, reach out and get it; I have only seen her pour out herself once; I cannot remember how long it was before the last night this happened. Before I went away for the last time on this night I did not see any medicine given her. She sent me down for Mrs. Seddon more than twice that night; I cannot remember how many times; she only told me to go down and call her as she felt so ill; she told me to tell her that she had pains in her stomach. When she came up she made a hot flannel and, put it on her; I cannot remember if this happened the first time she came up; I do not think Mr. Seddon was there then. During part of that night she was badly sick more than once. After I had been sent down she got out of bed and sat on the floor; she did not say why. I cannot remember if she did that more than once. She said, I am going," and sat on the floor; she seemed in great pain. She sat there until Mr. and Mrs. Seddon came up, and put her-into bed again. I used to see this cashbox (Exhibit 2) in a big black box. I have seen her put it on the bed and turn out gold from it on to the bed, and sometimes she used to count and sometimes she used to take one out. I cannot say how much gold she turned out. I noticed one bag inside the box, and I think I saw another one. I have seen her put money in the bag. I have also seen her come up from the dining-room with pieces of gold more than once; I cannot say how many times. She put them in the cashbox. I saw her last count the money just before she was taken ill before she took me to Southend.

To Mr. Marshall Hall. Mr. and Mrs. Seddon were very kind to her and she was very fond of them. I was much happier at their house than at the Vonderahes; they were very kind to me. When we all went to Southend we stayed a week-end. We came back together and I went back to school; I was at school all the time she was ill. When she was ill I slept with her nearly all the time. I remember about ten days before this last night going to my own bed. I cannot remember if she had a cup of tea in the morning when she was ill. Maggie used to bring the tea to her before she was ill. Miss Barrow used to go out and buy her own food and I used to go with her sometimes; I used to go out walks with her, too. She used to take me to and bring me back from school. I do not know how many nights

I slept with her before the last night. I did not notice any nasty smell in the room. I remember the doctor putting up a sheet in front of the door and I remember smelling carbolic. The doctor gave her first of all a thick white mixture, which she would not take; it was not this medicine that Mr. Seddon gave her; it was the stuff like water—the medicine had to be put into glasses, which she liked. She found it difficult to breathe and I remember seeing her take little lozenges for that; I do not remember the kind of bottle she took them out of; I have never seen a bottle like this (produced) in her possession. I do not remember if she took lozenges out of doors. On the last night Mr. Seddon told me to go to my room to get some sleep, because I was woke up; that happened two or three times. Sometimes Miss Barrow got very cross with me. She was very deaf and you had to shout in her ear. I sometimes repeated what other people said to her. I do not think she got annoyed because I used to get up early and run round the room. I used to do that and she complained. Once she said she would throw herself out of the window because I annoyed her. She told me her relations had not been kind to her. I do not know how long I had been in bed on this night when she woke me up and told me to fetch Mrs. Seddon. It was very hot indeed about this time. I do not remember Miss Barrow saying anything about the flies. Flies were all over the place and I heard them talked about, I did not see any Mather's flypapers lying about. I cannot read much. I do not remember any things being got to kill the flies. I was in the room on the last night when she had to use something for her diarrhoea, but I do not think it was very often she did it. I used to go for walks with her in Tollington Park; we did not meet a good many people there; we used to meet Mrs. Vonderahe sometimes. Inspector Ward has been taking care of me. The bag that I saw in the cashbox was a paper one of a greyish colour; it was half full, I believe. The reason why Miss Barrow left the Vonderahes was because she did not like the way they cooked the food. She was very particular about her food. I remember when she was very angry with. Mr. Hook because he had taken me out for a walk and left her at home. She told them to go.

Re-examined. Mr. Seddon told them to go. I saw a flypaper at Mrs. Henderson's house at Southend; I do not know if that was the first time I had seen one. I never saw any flypapers in any room of the Seddon's house.

To Mr. Marshall Hall. The flypaper that I saw at Southend was a sticky one that flies stick to.

To the Court. Maggie never showed me a flypaper; I never saw a flypaper like this (Mather's).

ANNIE HENDERSON , Riviera Drive, Southchurch, near Southend. Before the August Bank Holiday of last year two of the prisoners' children stayed with me. Ernie Grant stayed with me from September 14 till the 28th.

LEAH JEFFREYS , Briary Villa, Southend. The first time prisoner came to me was on August 8 last year; he stayed till the 1st. Miss Barrow came in to meals several times and went away on the 8th, she

seemed very well. The next time Mr. and Mrs. Seddon came with two daughters, and a baby, on September 22, and stayed till October 8. Ernie Grant came in several times to see them; he did not stay with me at any time. About September 22 Mr. Seddon asked him if he knew Miss Barrow was dead. The boy said, "No," and he said, "Oh, yes; she's dead."

MARY ELIZABETH ELLEN CHATER . I am now living at Crompton Terrace. For nearly 12 months I was a general servant to prisoners a: 63, Tollington Park; 1 left last February. Apart from Mrs. Rutt, who came as a charwoman, no other servant was kept. I slept in the same room as Margaret and her youngest sister on floor below that occupied by deceased; prisoners slept on the same floor as I did, only my room was at the back. My room had a partition in it and on the other side of the partition, when I first went there, the two sons and the grandfather slept. Nobody slept on the top floor except deceased and Ernie Grant. Mrs. Seddon did the cooking; she cooked the food for her family in our kitchen downstairs. She and her daughter cooked deceased's food in her kitchen on the top floor. I never cooked any food for deceased; I had nothing to do with her. Deceased went away to Southend for a short time and on her return she was ill. Dr. Sworn came to see her; I used to open the door to him. From the time he came I never saw her downstairs; I think she always kept her room. During her last illness Mrs. Seddon cooked her food in the upstairs kitchen. I never saw any of the food thus prepared; I have never been into deceased's kitchen except once, when deceased was out one day before her severe illness. During her last illness I never saw any food prepared for her in the kitchen downstairs. I knew some Liebig's Extract and Valentine's Meat Juice came, but I never saw it prepared. I never went into deceased's bedroom.

To Mr. Marshall Hall. I did say before the magistrate, "She had light food during her illness. I saw them prepared downstairs"; I did not see Mrs. Seddon prepare it. (Three extracts from witness's depositions, in which she had stated that she had seen Mrs. Seddon prepare light food, such as Valentine's meat juice, milk puddings, etc., downstairs, were read.) I knew she was preparing them downstairs because I saw her taking them up to Miss Barrow. I am wearing a nurse's uniform because I used to be a nurse years ago; I have worn one since I came to London and before. My father was an inspector of nuisances at Rugby. I have a cousin Frederick; I do not know exactly where he is living; I wrote the other week to Nottingham, but I was told he had been left there five years. I understand from a letter I had that he has not been in good health. I do not know that he is now in an asylum. I swear I do not know that any immediate relative of mine is now in an asylum. My first employment was with a Miss Nicholson at Rugby; I was not with her until she died. I then went to a private hospital for incurables at Leamington and then to a large infirmary as a nurse at Brownlow Hill, where I stayed two months. I then went to Canada, where I stayed for 4 1/2 years as a nurse, in Quebec. On my return I boarded at a coffee house in Rugby until Miss Nicholson engaged me. I first took a situation as a general

servant at Ferntower Road, where I stayed four months. I then went to a Home for Discharged Servants, and from there to a place in Highbury Place for a short time. I subsequently went to Dr. Day's, where I stayed nearly 12 months, and then I went to Kelross Road, and from there I started nursing again. I then went for 16 months to a hospital for mentally incurable cases as a nurse, and then I stayed it a registry office in Islington. I then went to Mrs. Page as a servant; I stayed there 10 months. I then went to 115, Queen's Road, where I stayed four months, returning to Mrs. Page, where I remained mother seven months. I was out of a situation for a time and in April, 1911, I went to the prisoners. I have made a considerable study of mental cases and medical works. I thought deceased war inclined to be asthmatical when I first saw her. I used to notice she had great difficulty in breathing. I never told her anything that was good for asthma. I have one brother. I do not know that he has been in a lunatic asylum 20 years; I was away from home, if that ii the case. Threats have never been made to inquire into my mental condition. My father knew Lord Leigh, because he used to be in the Warwickshire Battalion; I never knew him myself and I have not constantly talked about him as a personal friend of mine. My cousin Frederick never took any money from me, and I have never said that he did. Mrs. Magner never suggested whilst I was in her employ that I was not responsible for my actions. I did not break a lot of crockery before leaving 63, Tollington Park and say, "I'm going; they will arrest me next." Mrs. Harrington never complained that I was eccentric and incapable of doing my work. She always allowed me to wear a nurse's uniform. When with Dr. Day I did not break into violent fits of shouting, and say that people were after me; he did not say I was quite irresponsible. I know Mrs. Chater, of Rugby; her husband is my brother; I have stayed with her; I still say I do not know that my brother is in an asylum. Deceased always got up in the morning to see the boy to school. I have never seen the flypapers in the house. We had a great many flies, but nothing very extraordinary. I did not see the circular that the medical officer sent round. Miss Margaret used to wash up the things that came out of Miss Barrow's room when she first did her work; the latter part sometimes a cup and saucer used to come downstairs to be washed. I do not know much about preparing medicine. I did not tell Miss Barrow that arsenic was a very good thing for asthma; I never heard of such a thing in my life. This is my signature on the statement; Mr. Saint asked me that question, and I said not that I know of. I never saw Miss Barrow take little pills. I never saw her except when I answered the door to her; she used to come through the kitchen sometimes to go into the garden before they went to Southend, but she never sat with me. From the time I first saw her I thought she was in bad health: she was always resting when she came in, and she had diarrhoea and sickness constantly long before this illness. There was a dreadfully bad smell in the house during the last illness; they put up carbolic sheets. It is true I said before the magistrates: "Miss Barrow came down to the kitchen sometimes and sat a while. She sometimes

interfered with me. I put that down to her illness. She was very irritable sometimes. I never quarrelled or had words with her She was not a heavy woman." She was not thin. Mrs. Seddon never complained of the way I did my work. I did not implore her to keep me on; I told her if she wished to dispense with my services I had an offer, Mrs. Barnett; I never spoke to her of my friendship with Lord Leigh. I have never seen a Mather flypaper before; I have heard of them; I swear I never saw one in any room of the house. Mrs. Seddon never complained to me that I was not responsible for what I said.

Re-examined. The longest time I have been in service as a servant was three years ago; I was for 16 months in Turrer Road, Tollington Park, with a Mrs. Roach; I was in Dr. Day's service nearly 12 months, and Mrs. Barnett, who engaged me afterwards, went to him 101 my character; that was the lady who wanted to engage me when I was with Mrs. Seddon. When applying for new situations I always referred to persons I had been with. (To the Court.) I never administered arsenic to Miss. Baraow, knowingly or unknowingly. (Mr. Marshall Hall stated that he did not suggest that witness had done it knowingly.) I made a statement to the prisoners' solicitor, Mr. Saint, at Mr. Seddon's house, after Mr. Seddon's arrest, and before Mrs. Seddon's. I gave him all the particulars of the situations I had been in.

WILLIAM SEDDON , 63, Tollington Park. I am father of the male prisoner. About the middle of last February 12 months I went to live at 63, Tollington Park. I slept in the back room on the ground floor. I had nothing to do with deceased in the way of waiting upon her. I never prepared or gave her any food or medicine. I saw her on two or three occasions during her last illness; one of the occasions was when I signed this will (Exhibit 31) as a witness on September 11; I saw her sign it. My son, my daughter-in-law, and myself were present. The other occasion was on a Wednesday, when going upstairs for some tools I saw her door open, and I went in and asked how she was. She said she was poorly, and I hoped she would get better soon. I only saw her twice in her room. On September 11 a married daughter of mine, Mrs. Longley, and her daughter, came to stay, and they stayed till after deceased's death. I went with them to different places of amusement. I went to deceased's funeral. Prisoner also went.

To Mr. Marshall Hall. I did not see the will actually made. She was very deaf. It was read to her, and she could not thoroughly understand it, and she asked for it and her glasses to read it with. She read it, signed it, and said, "Thank God, that will do." I went to get her glasses from the mantelpiece; I cannot remember seeing anything there; I did not look very minutely. She seemed perfectly sane altogether, and quite able to understand What was said to her. I did not go into her room again until the Wednesday that I have referred to. I noticed very often she was eccentric. Before this illness I understood she had been under a doctor; Mrs. Seddon advised her to go but she hesitated until at last she took her to Dr. Sworn, who

attended her until her death. The weather was very warm indeed daring her last illness. I did not see the notice that the medical officer sent round about flies. There were plenty of flies knocking about both upstairs and downstairs; I cannot say if deceased ever complained of them. I have seen some of these Mather's flypapers in the house, I think—about August. I cannot say exactly whether they were wet or dry. I think I saw some; I am not certain. I cannot say exactly whether they were in a saucer. I went to the undertaker's with Mrs. Seddon and Mrs. Longley. Mr. Nodes's son was not there. They took a wreath and put it on the coffin lid. We got a woman to remove the lid, and Mrs. Seddon kissed the corpse.

MARY EMMA LONGLEY , wife of James Longley, superintendent, London and Manchester Industrial Assurance Co. I live at Wolverhampton. On September 11, with my daughter, aged 14, I came up to town on a visit to my brother, the male prisoner, at 63, Tollington Park. We stayed till the 18th. Every day we went to places of amusement with my father; my daughter always accompanied us except on the Monday. I stopped out every night until bedtime. The first night I arrived prisoners took me to the Empire, Fins-bury Park; that was the only occasion they accompanied us. On the night of September 14 I went out with my daughter, Mrs. Seddon and their son William. I had nothing to do with Miss Barrow during my stay.

To Mr. Marshall Hall. The blinds were all pulled down on September 14. On the Friday morning I inadvertently pulled them up, and Mrs. Seddon was quite annoyed. I remember going with her and my father to the undertaker's; she took a wreath. Mrs. Nodes was there but no young man.

CARL TAYLOR , assistant superintendent, Holloway District, London and Manchester Industrial Assurance Company. Prisoner was superintendent for my district. Every Thursday I went to the front room of the basement of his house, which he used as an office, to make up the accounts of moneys received by collectors; the collectors came there. On September 14 I arrived about 12.30 p.m., but I did not see him until 1.30. I worked with him all day. During the afternoon he complained that he felt very tired and that he had been up all night. I suggested that he should lie down for a couple of hours and he said he thought he would. This was something after four. He came back soon after five. The amount received in the industrial branch was £63 14s. 3d. The money was generally paid in in half gold and half silver and a few coppers. The last collector was out of the office certainly before 7. A little after 9 p.m. I was busy writing, when I heard the chink of money. I just turned my head, where I had a side view of prisoner's desk, and I saw several piles of sovereigns and a good little heap besides; at the time I estimated it at over £200. I should not say that was part of the collectors' money; the collectors' money when received was put in this till (Exhibit 28), which he kept in the cupboard, and at this time the till was in the cupboard. He packed these sovereigns into four bags and, holding three in one hand and one in the other, he faced me and Smith. He put the one bag in front of Smith and said, "Here, Smith, here's your wages." He picked it up

again and put the four bags into the safe, which was alongside the fireplace—not the same place as where the till was put in. This plan (Exhibit 27) shows where we all sat. The collectors came in at the door in front of Seddon's desk, and they put their money on his desk.

To Mr. Marshall Hall. I have only known prisoner personally since last April and I had been coming every Thursday since that time. No money was brought in by the collectors on this day when prisoner was way. We were there till midnight. I did not go out at all between five and nine. At nine prisoner did not fetch the till from the cupboard, put it on his desk, and count the contents. I am quite prepared to say that the money I saw prisoner counting was not money from the till; I am positive. The collection sheet for the week shows £80, but then commission, salaries, and bonuses had to be paid out of that, so that the amount in the till was really about £50. I agree that I may be wrong in my estimate of the amount I saw, £200, because I have made an experiment since with the same kind of bags. I find four of those bags contain over £400. He said what he did to Smith as a joke. I never saw him the same as he was on that day. Smith said, "I only wish it was true, Mr. Taylor." When I gave my evidence before I knew that some £200 was missing; I read it in the papers. The amount that he was handling was not £100. Smith tried the experiment with me. I did not know the prisoner was in the habit of keeping a large sum of money in the house. The safe was a largish one. Prisoner did say that week that he was about £2 out in his cash. I do not think he said that the business was not as good as it used to be and they would have to decrease the staff; he told me that he expected he should have to do with one assistant superintendent, and if that was so he would have to decrease the staff by getting rid of some of the men. It was not in his power to dismiss me. He told me he would have to report it and apply for an exchange. The first thing that brought back to my mind this incident of the £200 was what I saw in the paper about the inquest.

Re-examined. Prisoner looked very weary and haggard; he told me he had been up all night.

(Wednesday, March 6.)

JOHN CHARLES ARTHUR SMITH , Assistant Superintendent, Holloway District, London and Manchester Industrial Assurance Company About 12.45 p.m. on September 14 I went to 63, Tollington Park, and stopped till midnight. About 8.30 p.m. I noticed a large amount of gold on prisoner's desk—loose sovereigns and half-sovereigns; two bags had already been filled. There was about £100 loose gold on the table. I have experimented since. (Mr. Justice Bucknill told the witness that he must confine his answers to the questions.) I saw no silver or copper. Prisoner placed the gold into two more bags. He put one of the bags on my desk and said jokingly, "Smith, here's your wages." I said, "I wish you meant it, Mr. Seddon." He then placed four bags in the safe. He generally put the collector's money in a

till; I had seen this money dealt with very nearly 12 months and he always did this.

To Mr. Marshall Hall. I first came into communication with the police last December. I drew the conclusion that the two bags I noticed already filled contained gold; I do not suggest that they actually contained gold. They were the ordinary light brown bags that the banks supply for £100 in gold; they are the same size as the 5s. silver bags. I know Maggie Seddon. I did not see her early in the afternoon in the street at the pillar-box and pat her back and say, "Good afternoon." I may have seen her in the office, but not out. After the inquest I went to see prisoner in the ordinary course of business. I did not say to him, "I remember seeing £100 in gold on the night I came in to check the receipts" and offer to give evidence at the inquest. I told him that I had an idea of a certain letter that he had written to the relations being posted.

Re-examined. Prisoner on this night said to me: "Fancy the relations have not been near and the funeral is to-morrow." On November 27 he sent me a postcard asking me to call on him. I went, and found him busy with legal documents relating to this case. He showed them to me, and as I was looking at them he rather took me off my guard; he said, "You remember me writing a letter to the relations." My mind went back to what he had said on this night, and I said I had a recollection of the letter being written. I had not seen him writing such a letter. I saw him writing letters that day, but I do not know for whom they were intended.

ALFRED HARTWELL , director, London and Manchester Industrial Assurance Company. Male prisoner has been in our employ since 1891; since 1901 he has been superintendent of collectors and canvassers of the North London District. Up to March, 1911, his salary was £5 5s. 0d. a week, and from March 25, £5 6s. In addition he was entitled to a commission on the ordinary branch of the business; the majority of the business is industrial on which he would get no commission. In the year ending March, 1911, his average weekly earnings were £5 16s., and from that date £5 15s. 10d. It was his duty to receive money from collectors every Thursday, And he would do this at his own house; they would deduct their commission before paying in, and he would pay them their salaries and procuration fees on new business. He would pay the balance into his own banking account and draw a cheque in the name of the managing director, Mr. Dawes, for the amount due to the company, less his own salary and commission. He had an allowance of 8s. 9d. a week for stamps and office rent, which he would also deduct. I produce the sheet relating to his collections for week ending September 14. Before deducting commissions he received £80 4s. 7 1/2 d., from which 18s. discrepancy had to be deducted; the total cash paid in therefore would be £79 6s. 7 1/2 d. From this would have to be deducted £15 12s. 3 1/2 d. commission, so he would have in his possession at one time £63 14s. 4d. for the industrial branch and £2 17s. 7d. for the ordinary. After paying new business fees and the salaries, including his own, he was left with £57 9s. 5d., which he could pay into

the bank if he chose. It would be his duty to draw separate cheques for the industrial and ordinary branches, and he did so. The discharge of Smith or Taylor would not be in his hands; only a director could discharge anyone; he could recommend a discharge.

To Mr. Marshall Hall. There is no objection to an employe's wife carrying on a separate business as long as he did not interfere with it. I heard accidentally from prisoner about three years 'ago that his wife was carrying on a separate business.

Re-examined. It was a wardrobe dealer's.

MRS. LONGLEV (recalled, further cross-examined by Mr. Marshall Hall). My husband wrote to prisoner and asked him if he could put us up. He replied that the old lady in the house was ill, but if we liked to take "pot luck" we might come. I noticed a very bad smell in the house. My sister-in-law had a baby 12 months old. I saw Ernie twice; he was very delicate. He was in bed with Miss Barrow, and I said I thought it was not healthy for him, nor was it decent.

ERNEST VICTOR ROWLAND , cashier, London and Provincial Bank, Finsbury Park Branch. The male prisoner had an account at my branch. I produce Exhibit 35, a certified extract from the books of the bank showing his payments in and out in September, 1911. On September 15, 1911, £81 7s. 6d. was paid in in cash and £6 17s. 2d. in drafts. On the same day there was a further payment in of £7 16s. in cash. On September 16 there is a debit of a cheque drawn to the order of Dawes of £48 17s. 1d., and on September 18 another cheque to the same person of £2 17s. 7d.

To Mr. Marshall Hall. Of the £81 7s. 6d., £15 17s. 6d. was in silver, just over three ordinary bags full of silver. There were sums varying about £7 in cash paid in every week.

CHARLES JAMES ORASFIELD , assistant secretary, National Freehold Land and Building Society, 28, Moorgate Street, E. C. On November 27, 1909, we advanced male prisoner £220 on a mortgage of the lease of 63, Tollington Park. On September 20, 1911, he wrote us a letter (Exhibit 15) dated September 19, asking to let him know the exact amount required to date to pay off the mortgage. We replied the next day. The amount has not yet been paid. On September 18 we received from him an application (Exhibit 16) for three completed shares, £90, and on that date he purchased them, paying in cash £90 3s., the 3s. being the entrance fee. He was given this passbook (Exhibit 17) which shows that amount was paid in.

CLARA MAY COOPER , counter clerk and telegraphist, Finsbury Park Branch Post Office, 290, Seven Sisters Road. Exhibit 37 is a Post Office Savings Bank book in the name of "J. H. Seddon, 63, Tollington Park." On September 25 £30 was paid in; I am able to say that £25 of it must have been in gold, but I do not remember who paid it. (Mr. Marshall Hall objected to evidence as to the details of this payment being given on the ground that, there being no identification of the male prisoner, it was not evidence against him. He did not dispute that the "F. H. Seddon" mentioned was prisoner. Mr. Justice Bucknill stated that he would direct the jury that if that were the only fact in the case it was no evidence of guilt against prisoner, but he could

not reject it as evidence of fact.) On September 15 I went on duty at 2 p.m.; the person whom I relieved handed me £10 in banknotes. I went off at 8 p.m. and I had £15 in banknotes, so I had not received more than £5 in banknotes from anybody. Between 2 and 8 this £30 was paid in, and therefore I am able to say that £6 of it may possibly have been in that form.

To Mr. Marshall Hall. The money that is paid in is kept in the same account as money that is paid out, but I am sure I did not payout any notes that afternoon. By the bankbook I see £43 17s. 9d. was paid out on November 27. That left £20 in the account.

THOMAS WEIGHT , jeweller, 400 and 402, Holloway Road. I knew male prisoner as a customer. On September 15 he brought this singlestone diamond ring (Exhibit 121) and said he wanted it made very much larger; it was a gentleman's little finger ring, but it might be used by a lady. He left the ring. Later that day he brought this gold watch (Exhibit 21) and said he wanted the name "E. J. Barrow, 1860," erased from inside of the back plate, which you can only get at by opening the watch, and he wished a new gold dial put in the place of the old white enamel one, which was very much cracked. Mrs. Seddon was with him on the second occasion. I did the commissions and on September 20 he came and I gave him the ring enlarged as it is now; I believe Mrs. Seddon was with him. On November 17, nearly two months after (there had been a delay because it is difficult to get a gold dial now) I delivered the watch to him. He paid for both. He had called several times between September 15 and November 17 for it. I had known him for quite a year.

To Mr. Marshall Hall. I believe on a previous occasion he had a diamond ring altered. I believe he took this ring (Exhibit 21) from his little finger, and he said he wanted it made to fit his third finger. At the same time he brought the watch he did not bring in a locket of Mrs. Seddon to have a stone put in. The enlarging of the ring would not in any way destroy its identity. I would give £4 for the stone.

Re-examined. That is about its value.

WILLIAM NODES , undertaker, 201, Holloway Road. I have a branch office at 78, Stroud Green Road. I have known male prisoner since about 1901 as an acquaintance; before this, in 1902, I had done one funeral business for bun. About 11.30 a.m. on September 14 he called on me at Stroud Green Road and said that a death had occurred in his house and he wanted to make arrangements for the funeral, which must be an inexpensive one; he said that an "old lady" or "old girl" had died. He said it must be inexpensive from the fact that he had found £4 10s. in the room, and that he would have to defray funeral expenses, and there were also certain fees due to the doctor. I suggested an inclusive funeral at £4 and he said 10s. would not cover the doctor's erpenses. I told him I would do it for him at £3 7s. 6d. to enable him to cover all expenses. This price would include the coffin, the carrige, and the fees in the cemetery. I told him what sort of funeral it would be. It was really a £4 funeral; it would mean a polished and ornamented coffin, a composite carriage, the necessary bearers, and the fees at the cemetery and the grave. I do not think I specified

what kind of grave it would be. It would mean a public grave dug by the cemetery people who allow interments in it at a price which includes the use of the clergyman and the use of an earth grave; it is used for a number of persons not related in any way. Different graves vary in depth according to the locality in the cemetery, but live or six people would be buried in the same grave. I think it was distinctly understood that it would not be a private grave; I did not emphasise the fact that it would be a public one; I did not go into the details I have given now. I drove him that same day to 63, Tollington Park and measured the body of the deceased. There was a very bad smell in the room and I told him if he liked we would move the body at the same time as we brought the coffin. He said he would let me know during the day when he let me know about the day of the funeral; he could not fix that then, as he said he had somebody else to consult in the matter. About 4 p.m. he telephoned me saying that we might move the body when we brought the coffin and settling the day of the interment for Saturday. About 9.30 p.m. I removed the body to Stroud Green Road, and the funeral took place from there on September 16 at about 2 p.m. There were no instructions to send carriages for mourners, and none were sent. I was not present. No mourning coach went to 63, Tollington Park. I received the £3 7s. 6d. To Mr. Marshall Hall. It was certainly not a pauper's funeral. The number of bodies buried in a public grave depends upon the cemetery authorities. I suggested that the body should be removed because of the bad smell, and I knew there was a baby in the house, and also it would give them an opportunity of cleansing the room; there was nothing unusual in the body being removed in this way or the funeral starting from my place. I do not think it was as late as 5 p.m. when he telephoned me; I have a reason for saying so. It was he who suggested Saturday as the day for the funeral. If it had not been buried on that day Sunday would have intervened. It seemed quite reasonable considering the warmth of the weather and the state the body was in; there was nothing unusual in such a short time elapsing between dearth and burial.

Re-examined. This is an envelope (produced) which comes from my establishment. I cannot recognise the handwriting on the outside and inside.

WALTER THORLEY , chemist and druggist, 27, Crouch Hill. In the summer of 1911 a girl came to my shop with reference to some flypapers. I subsequently identified her at the police court. I know her name as Margaret Ann Seddon; I think her second name is Ann. She was about 15; it was the same girl who was addressed as "Margaret Seddon" in the presence of prisoners at the police court. She came on August 26.

Mr. Marshall Hall objected to the particulars of the purchase she made being given on the ground that it was not evidence against prisoner, there being nothing to connect them with it.

The Attorney-General submitted that he was entitled to get this evidence, it having been proved that the girl lived in the house of the prisoner at the time.

Mr. Justice Bucknill stated that on that being proved he thought it was clearly evidence, but he did not think there was any direct evidence that this was the fact; the mere fact that she was the daughter of prisoners was not enough.

M. E. CHATER (recalled, further examined). During the time I was a general servant there Margaret slept in the house; she cleaned the floors and did the kitchen upstairs and that kind of thing.

To Mr. Marshall Hall. She slept there every night during the whole time I was there. She went down to Southend, but I cannot say the date.

WALTER THORLEY (recalled, further examined). She purchased a 3d. packet containing six Mather's flypapers, the packet being similar to this (Exhibit 136). It has on the outside, "Mather's Arsenical Flypapers, to poison flys, wasps, ants, mosquitos, etc. Prepared only by the sole proprietors, Mather, Ltd. Poison. These arsenical flypapers can only be sold by registered chemists and in accordance with the provisions of the Pharmacy Act." On the flypaper itself there are instructions as to how they are to be used and then Caution.—Remove the plate or dish beyond the reach of children and out of the way of domestic animals," and at the bottom "Poison." I do not keep any note of my sales. I think there is a large sale for these; we sold a large number last year. About a week before I gave evidence I was asked about this sale. On February 2, the day on which 1 gave evidence, I was asked to go to the court. I went and was asked to go into a room. I went in atone and found about 20 women and girls, from whom I identified Margaret Seddon.

To Mr. Marshall Hall. I cannot recollect seeing the girl that I sold flypapers to on August 26 between that date and February 2; I may have done. August 26 was a hot day, like the rest of that hot summer. I do not know that there was only one hour's sunshine that day. I cannot say the customers I served before and after her. I sold 16 packets altogether in August. I keep no record of the packets sold or the people I sell them to. I do not know theft under the Pharmacy Act I am required to keep a record; it is not usual to do so. I can realise that each paper contains three or four grains of arsenic. Mather's supply us with a book in which to keep a record, but I do not use it. I know Mr. Price, a chemist near me. I was fetched in a motor-car on February 2 by the police; but Mr. Price did not come in the same motor. I did not know that Margaret had tried to buy papers from him on December 6. I thought he was going to the police court about something to do with poisoning; I did not ask him anything about it. I had never talked this case over with him; I do not often see him. The police came to me in December and asked me if I had sold any flypapers about August or September; I knew they had been making such inquiries at all the shops in the heighbourhood. I did not tell them that I had no recollection of any purchase. I told them I had no record of persons I had sold them to. They asked me if I could identify anybody to whom I had sold any about that date and I said I did not know whether I could or not. They came to me a good many times, I think, but they never asked me

to identify anyone until February 2. I say I can remember this girl buying the flypapers on that date because my invoices show that she had the last packet of a dozen that was ordered in. I do not keep a record of the last packet sold. She asked for four packets and I put them down to order in a book and told her we should have some more on Monday. She is a friend of my daughter Mabel; I did not know her as Margaret Seddon until I saw her at the police court. On two occasions she called to see my daughter and I opened the private door, but she did not come in. I could not identify anybody I did that to; I did--to so many girls; I still say that she is the girl who bought the flypapers and I am not confusing her with the girl I have seen at the private door. Before identifying her I had seen a picture of her in the illustrated papers, but I refused to identify her from that. It was not shown to me by the police for that purpose; I do not know whether they knew I had seen it. Margaret was not the only girl out of the 20 who had her hair down her back; there was at least one other. Her face was familiar to me.

Re-examined. I do not know prisoners at all. When Margaret first came she asked for flypapers. I said, "Do you want the sticky ones?" and she said, "No, the arsenic ones." I said, "Will you take a packet?" and she said, "I will take four." I had only one in stock and gave it to her, telling her I should have more on Monday. I made an entry in a book on that day. This is the reason I remember the transaction. The signature on the statement dated January 31 I gave to the police is mine. On February 2 I went down by myself in the morning to the police court in a motor-car and identified the gin and then went again that day in a motor-car with Mr. Price to prove the sale of the papers. When she came into the shop I had seen her before, but I did not know her name or who she was.

ROBERT JOHN PRICE , pharmaceutical chemist, 103, Tollington Park. On the afternoon of February 2 I went with Mr. Thorley in a motorcar to the police court.

To Mr. Marshall Hall. I do not remember that I had any conversation with him about what we were going to the police court for.

JOHN FREDERICK PAULL , M. R. C. P., 215, Seldon Road, Finsbury Park. I attended Miss Barrow, of 63, Tollington Park, first in November, 1910; she came to me. She was suffering from congestion of the liver, but it was nothing of any consequence; I only saw her once. She next came to me on August 1, 1911, with Mrs. Seddon; I think she had the same complaint, but it was nothing of any consequence; it would not prevent her going out. I gave her a mixture of bicarbonate of soda and carbonate of magnesia; it was sweetened and quite harmless. On August 3 she came again, I think with Ernie Grant; she was suffering from the same thing and I gave her the same medicine, which I dispensed myself. On August 17 she came again and I gave her the same medicine; I think she had Ernie Grant with her. She came again on August 22, again, I think, with Ernie. She complained of asthma and I prescribed bicarbonate of potash and nux vomica; on the previous occasion she had said nothing about asthma. It was very slight, and there was no necessity for her to

keep indoors. The next time she came was on August 27; she brought Ernie. She was suffering from asthma; she complained of nothing else. I gave her some chloral hydrate; there was no need for her to stay at home. I next saw her on the 30th with Ernie Grant. She complained of asthma, but nothing else. I gave her some extract of grindelia. The asthma was of no consequence. I should not describe her as a person who was ill. I cannot say that I saw any attack of asthma; I treated her on the symptoms she told me she had in the night. She never complained of diarrhoea, sickness, or pain. On August 1 and 3 she complained of constipation. She never complained of rash or running from the eyes. I did not see her again after August 30. On September 2 between 6.30 and 8 p.m. Margaret Seddon came and wanted me to go and see her. I did not go.

To Mr. Marshall Hall. Congestion of the liver might produce a certain amount of colic pain. She was well nourished and rather inclined to be stout, if anything, slightly above the average. Asthmatic attacks are intermittent and are very often much worse at night when lying down. I accepted her story that she was suffering from asthma, I was busy when Margaret Seddon came and advised her to fetch another doctor. Mr. Seddon asked me to attend the inquest.

To Mr. Rentoul. Mrs. Seddon first brought her to me.

HENRY GEORGE SWORN , M. D., L. R. C. P., 5, Highbury Crescent. I have been family doctor to the Seddons for over ten years. On September 2 I was telephoned for to go to 63, Tollington Park; on arriving there I saw Miss Barrow; Mrs. Seddon was present. From the two women I learnt that Miss Barrow had on the previous day had diarrhoea and sickness. Mrs. Seddon told me that Miss Barrow had been ailing on and off for a long time, that she had had a liver attack and suffered from asthma. I enquired whether any other doctor had been attending her; Mrs. Seddon said yes, and that she had sent for him twice that day, but he had not called. I examined Miss Barrow; she had pain in the abdomen; she had been vomiting, and had diarrhoea. I prescribed for her bismuth and morphia. I saw her again on the 3rd, sometime before noon; she was still in much the same condition. I called again on the 4th; the diarrhoea and sickness had not stopped. I was not satisfied with her condition. Mrs. Seddon told me she would not take her medicine. I then gave her an effervescent mixture of citrate of potash and bicarbonate of soda prepared in two glasses, one of which is poured into the other. I told Miss Barrow if she did not take her medicine I should have to send her into the hospital. She was somewhat deaf, but understood me. The sickness continued, but the diarrhoea was not so bad. On the 7th, 8th, and 9th she was slowly improving. The abdominal pain had lessened from the 4th and I had dropped the morphia. As she seemed better I did not call on the 10th. On Monday, the 11th, she was still improving—suffering from weakness resulting from the sickness and diarrhoea; I ordered Valentine's meat juice, a little brandy, milk and soda water, and, later on, milk puddings. Her mental condition was never very good. Nothing was said about her making a will. She was quite capable of doing that if it was properly explained to her. On the 13th, in the

morning, I saw her for the last time. The diarrhoea had come on again and some return of sickness. I gave a bismuth and aromatic chalk mixture. She was weaker. I thought she was in a little danger, but not in a critical condition. Any patient who had had such an attack would be in a serious condition and might die of heart failure. The pulse was weak—not intermittent. While I attended her the temperature was up to 101 deg. on one day; other days fairly normal, or a little up. The next morning, the 14th, at 7 a.m. Seddon came to my house; he said Miss Barrow had died at about 6 o'clock; that she was taken with a lot of pain in her inside and then she went off sort of insensible; that they had been up all night with her—I think that was all. I said, "I am going to give you a certificate," and wrote one: "Cause of death epidemic diarrhoea and exhaustion. Duration of illness, ten days"—that was a miscalculation, as I had attended her from the 2nd to 14th. There was no arsenic in any medicine I prescribed.

To Mr. Marshall Hall. Carbonate bismuth has been known to contain arsenic as an adulterant in minute quantity. If the patient had suffered from congestion of the liver since August it would produce severe choleraic pain. Miss Barrow appeared to me to have suffered from asthma; there was arterial tension. When I first visited her on the 2nd she had diarrhoea; Mrs. Seddon told me it had commenced the day before; the symptoms were consistent with that. When I said I should send her to the hospital she said that Mrs. Seddon could attend her very well and was very attentive; she seemed attached to Mrs. Seddon, who, as far as I could see, was very kind and attentive. The weather was very hot. A woman with her asthmatic tendency would get rapidly weaker; a main danger was heart failure. Thirst is a normal condition in cases of diarrhoea. On the 5th I heard she had been out of bed. I told Mrs. Seddon she was not to be allowed to get out of bed. I have never seen so many flies as there were in the bed-room. I put it down to the smell of the motions. I did not see any flypapers there. There were no signs of leaky or running eyes. I never thought her mental condition good, but, if matters were sufficiently explained, I thought, she could understand. On the 13th the chalk mixture was to be given after each motion—not to be continued. On that day I realised she was in danger. I was not surprised to hear that next morning she had died. Her pulse was weak, thin, compressible, and fast. I should not have expected Seddon to come round earlier than he did on the 14th—he did not ask for the certificate. There would have been no difficulty about my seeing the body had I wished. I had no doubt in my mind that she had died from exhaustion following epidemic diarrhoea. There was a great deal of epidemic, diarrnoea about at that time. In such cases there is always a danger of sudden relapse, accompanied by a comotose or unconscious state.

Re-examined. On the morning of the 13th I did not anticipate death within 24 hours; had I thought there was immediate danger I should have gone back to see her later in the day; but heart failure comes on suddenly in these cases; she was in that condition that I should not have been surprised if death had occurred ten minutes

after I left. My expectation was that she might recover, but I was not surprised at the death. (To Mr. Marshall Hall.) The liability to heart failure is greater the longer the epidemic diarrhoea has gone on. (To the Judge.) Vomiting usually attends epidemic diarrhoea—it used to be called English cholera. I examined the vomit—it was a brownish yellow mucous.

Dr. JOHN FREDERICK PAULL (recalled). There was no arsenic in any of the medicines I gave Miss Barrow.

ALFRED KING , registrar of the Borough of Islington Cemetery. I produced certificate of death of Eliza Mary Barrow, who was buried on September 16 in grave No. 19,453 in Section Q—that is a common grave. I also produced order signed by the coroner of November 11 for the exhumation; the body was exhumed on November 14 and reburied in another grave on December 22nd, 1911.

WILLIAM ALEXANDER FRASER , Coroner's Officer of Islington and rriern Barnet. I was present at the inquest on the body of Eliza Mary Barrow at which the two prisoners gave evidence and signed the depositions produced.

Chief Inspector ALFRED WARD (recalled). I was present at the police court when Dr. Cohen, the coroner, gave evidence and signed the depositions produced. On December 4 at 7 p.m. I saw the male prisoner in Tollington Park in the street. I told him I was a police officer and should arrest him for the wilful murder of Eliza Mary Harrow by administering poison—arsenic. He said, Absurd—What a terrible charge—wilful murder. It is the first of our family that has ever been accused of such a crime. Are you going to arrest my wife as well? If not, 1 would like you to give her a message for me. Have they found arsenic in her body? She has not done this, herself—it was not carbolic acid was it, as there was some in her room, and Sanitas is not poison is it?" He repeated the word murder" several times on the way to the station and when at the station in Hornsey Road. He was charged at Hornsey Road Police Station; when the charge was read over he made no reply. I searched the house at 63, Tollington Park on that day. I found cashbox in a trunk in Miss Barrow's bedroom; the trunk was locked; I obtained the key from a safe in the prisoner's bedroom. Mrs. Seddon was present—she said it was the late Miss Barrow's trunk. I also found in the safe passbook, paper bag with "£20 gold" in ink on the front and "gold £19" in indelible pencil in Seddon's writing on the back; it contained 19 sovereigns; a ring, a gold chain, a gold chain and pendant; in the wardrobe was a watch and chain. I asked Mrs. Seddon whose watch it was. She said, "It is mine." I said, "Where did you get it." She said, "It was a present to me." I said, "Is not it Miss Barrow's?" one said, "Yes." In the safe in the basement I found P. O. Savings Book of F. H. Seddon—on September 15, 1911, £30 was paid in; bank passbook, and copy will. In the front bedroom I found envelope containing hair; on it in Seddon's writing was "Miss Barrow's hair for Hilda and Ernest Grant." On January 15 at 5 p.m. I saw Mrs. Seddon at 64, Tollington Park. I said, "You know me, Mrs. Seddon." She said, "Yes." I said, I am going to arrest you for being concerned

with your husband in the wilful murder of Miss Barrow by administering poison." She said, "Yes, very well." When charged she made no reply. On December 4 I found enlarged ring in the first-floor bedroom; in the dining-room secretaire gold chain with blue pendant. On February 2 at 10 a.m. Thorley attended at the police court. Maggie Seddon with a large number of males and females was in the waiting-room. Thorley was asked if he could identify anyone there as the person who purchased flypapers on August 20 last. He identified Maggie Seddon.

Cross-examined. I asked Seddon no questions—he said the words I have stated one after another. Thorley pointed Maggie Seddon out to me; there were two or three other girls there.

(Thursday, March 7.)

Detective-sergeant CHARLES COOPER, New Scotland Yard. I was present At male prisoner's arrest. On December 11 I took an envelope (Exhibit 135) containing some hair which I had received from Chief Inspector Ward to Dr. Willcox. On December 30 I went to 63, Tollington Park and took away this till (Exhibit 28) from the place marked on; he plan (Exhibit 27).

To Mr. Marshall Hall. At the station male prisoner said, "My wife will be in a terrible state," and he asked me to get a Mrs. Bromwich to assist her, which I did.

Detective-sergeant WILLIAM HAYMAN, New Scotland Yard. I assisted in male prisoner's arrest. I stopped him in Tollington Park, and said, "Mr. Seddon, Chief Inspector Ward wants to see you," He said, "May I go home first?" I made no answer; Mr. Ward came up almost immediately; I heard what was said between him and prisoner.

To Mr. Marshall Hall. He said "Murder" several times and then "Poisoning by arsenic! What a charge!"

Re-examined. On December 8 I purchased one packet of fly papers from Mr. Price, which I handed on December 11 to Dr. Willcox. On February 29 I purchased a packet each from Spink's, chemists, 27, Tottenham Court Road, Dodd's Drug Stores, 70, Tottenham Court Road, and from Needham's, Limited, 297, Edgware Road, which I gave to Dr. Willcox. Last night I got from Dr. Sworn's surgery two ounces of bismuth carbonate and two ounces from Williams, Francis, and Butler, druggists, 20, Aldersgate Street, who I was informed supplied Dr. Sworn with his drugs, which I also handed to Dr. Willcox.

BERNARD HENRY SPILSBURY , B. M., B. S., pathologist, St. Mary's Hospital. In November last I made a post-mortem examination of the body of the deceased. With the exception of the stomach and intestines I found no disease in the organs sufficient to account for death. The stomach was a little dilated and a black substance was present on its inner surface. The inner surface of the upper part of the small intestine was red. The body was very well preserved internally and externally apart from some post-mortem staining externally;

taking into account the date of death it was very abnormal; I was not able to account for it at the time, but since Dr. Willcox's analyses I think it was due to the presence of arsenic in the body generally which may have an effect in preserving the body. On an external examination I found no evidence of shingles or pigmentation of the skin, but the skin had a green colour which I thought was due to post-mortem discolouration. The face was brown and shrivelled. Pigmentation of the skin, which means that the skin is of an unusual colour, generally brown or black, is the result sometimes of chronic arsenical poisoning. There was no pigmentation of the skin on the palms of the hands or the soles of the feet, and mere was no thickening of the nails of the fingers or the toes. There was nothing abnormal about the appearance of the hair. I was present during some of the tests made by Dr. Willcox for arsenic. From the result of these tests my opinion is that death was the result of acute arsenical poisoning—poisoning by one or more large doses as distinguished by poisoning by small doses over a long period of time. By a "large dose" I mean a poisonous dose, which would certainly be two grains, and less than that would give rise to symptoms of poisoning. Two grains in one dose might be sufficient to kill an adult person. I think two or three doses of two grains or upwards within a short period of time would be sufficient to kill an adult.

To Mr. Dunstan. The height of the body was 5 ft. 4 in.; I should think the average weight of a person that height, aged 49, would be 8 1/2 to 10 1/2 stone, and if she was well nourished she might be over that. We could not see the mucous membrane of the stomach, as it was covered with the black substance I have mentioned. The duodenum of the small intestine was reddened throughout and the jejunum was slightly reddened; apart from that reddening, so far as I could see of it, there was no sign of disease. Death might have been due to syncope from heart failure. The reddening and the absence of disease in the other organs would be equally consistent with death from epidemic diarrhoea, extending over some 10 or 12 days. Apart from Dr. Willcox's report and the condition of preservation, nothing I saw at the post-mortem was inconsistent with Dr. Sworn's certificate. The preservation of the body varies a great deal. Styrian peasants take arsenic considerably; they die of other diseases than arsenical poisoning, and I have heard that the preservation of the bodies is well marked. I should not necessarily have expected skin rash if arsenic had been given from November 1; there might have been; the rash might appear almost over any part of the body; it would tend to disappear from the time of death to my examination. I do not think the eyes would be affected by the administration of arsenic in fairly large doses. I know Dr. Willcox defined the fatal dose as five grains; that would be a moderately large fatal dose; it would not be likely to prove fatal in less than three days; it might probably be longer. (To the Court: The. patient would develop symptoms probably in the first or second hour; the symptoms would be nausea followed by vomiting and pain in the stomach, and a few hours afterwards diarrhoea would develop; these would continue in a severe form almost to the time of

death, and the patient would become collapsed and develop a great thirst.) Epidemic diarrhoea is very frequent in the summer, and frequently it is extremely painful; it was prevalent last September. The symptoms of that would be those described by Dr. Sworn, and the final cause of death would be heart failure.

Re-examined. They would also be the symptoms of acute arsenical poisoning, and death would ensue from heart failure; all the symptoms described by Dr. Sworn would be consistent with arsenical poisoning from large doses. A doctor, not suspecting arsenical poisoning, would in all probability diagnose the case as epidemic diarrhoea; there would be no external indication that arsenic had been administered in fairly large doses; this could only be ascertained by analysis of what was vomited and the other excreta. I should only expect the eyes to become affected if the patient had been taking arsenic for several weeks or months; this would be confined to the chronic type only. In an acute case it is possible also that a rash might develop, but I should hardly expect it; in the chronic type it would be usual. Other indications I would expect in a chronic type and not in the acute type would be a thickening of the skin in the palms and the soles, there would be shingles, the hair would probably fall out, and the patient would probably develop symptoms of nervous disease; there might be also extreme fatty degeneration of the liver or the heart walls. I found none of these symptoms. If the patient had died during the extreme heat of epidemic diarrhoea I should have expected to find advanced putrefaction, which there was not. I know that roughly about three-quarter grains of arsenic were found in the stomach and intestines, which would certainly indicate that more had been taken because some of the poison would be vomited again; some might pass out in the urine and other excreta if an extremely large dose had been taken. From my experience of similar cases I should not expect to find in a case of acute arsenical poisoning more reddening than I did find, taking into account the time that had elapsed since death.

To Mr. Marshall Hall. We have had a case quoted of chronic arsenical taking which did not lead to chronic arsenical poisoning. Tablets containing 1-20th or 1-50th of a grain can be bought of any ordinary druggist, and the taking of medicinal doses over a long time would not necessarily develop symptoms of arsenical poisoning. The elimination by urine is considerable. My only note is that I found the bladder empty; if there had been any deposit I should have noticed it. I did not know that if there be poison in the body at the time of burial the poison gravitates to the left side organs, irrespective of the position of the body. If a moderately large fatal dose were administered three days before death I should not expect to find any improvement in the condition of the patient between its administration and the subsequent death—from that dose only.

Further re-examined. If a moderately large dose had been given before this fatal dose I refer to, there might be an improvement in the condition after that first dose had been given, and that might also apply if there had been another such dose given before the last dose

The fact that one moderately large dose having been given would aggravate the condition when the second dose is taken; the effect would be cumulative.

MAVIS WILSON . I have a dress agency at 158, Stroud Green Road. I have known Margaret Seddon about 15 months. On August 26 I sold her in my shop a pair of shoes and a writing case; I made a note of the purchase. My shop is about two minutes' walk from 27, Crouch Hill.

HENRY GEORGE SWORN (recalled, further examined). Last night my son handed to Sergeant Hayman a sample of carbonate of bismuth from the stock I had; what I had in use at the time I gave it to deceased was exhausted. I always get it from the same people, Williams, Francis, and Butler. Last September I was dispensing it to a great number of patients and there were no ill results so far as I know.

To Mr. Marshall Hall. There is a trace of arsenic, I believe, in all bismuth; there is a minimum adulteration recognised in the pharmacopoeia.

WILLIAM HENRY WILLCOX , M. D., F. R. C. P., Senior Scientific Analyst to the Home Office. On November 15 I was present at the post-mortem examination of deceased. The liver, stomach, intestines, spleen, kidneys, lungs, heart, bloodstained fluid from chest, a portion of the brain, a muscle, and some bone were removed for analysis. The body was well preserved, especially the internal organs. On November 29 I made a further examination and removed some hair of the head, some muscle, and nails from the hands and feet. I weighed the body. On careful examination of all these organs and tissues I found arsenic, the large proportions being in the stomach, intestines, liver, and muscle. There were traces also in the hair and nails. Two months elapsing from burial would not destroy the arsenic in the body, it may be preserved for years. Arsenic is practically tasteless and when dissolved in water forms a colourless solution like water. I have heard the symptoms described by Dr. Sworn and they are similar to those I would expect to find in acute arsenical poisoning; there would be nothing to indicate to a doctor not suspecting arsenic that it was not a case of epidemic diarrhoea. As the result of my analyses I am of opinion that deceased died of acute arsenical poisoning. I have a large experience of such cases. I weighed the whole organ, took a certain portion of it and weighed it, and from that portion I estimated the amount of arsenic and calculated from that the quantity of arsenic present in the whole organ; in the case of the liver and the intestine I took from quarter to one-fifth of the whole organ. I always reserve a portion for further analysis and I have still those unanalysed portions. I took smaller aliquot portions of the other organ so the multiplying factor would be greater. I applied all the well-known tests for arsenic, including Marsh's test; I have the "mirrors" obtained from the Marsh's test here. Taking the stomach as an example, a portion of it was treated so as to destroy the organic matter and a solution of the portion was obtained. This was placed in the hydrogen apparatus used for

the March test. When arsenic is present it comes off as a gas, and if a tube, through which the gas is passing, be heated, the gaseous arsenic compound is decomposed so that the arsenic is deposited as a black deposit called a mirror; if there is no arsenic, there would be no black deposit. I produce two tubes for the stomach and there are black deposits in each. If done with proper care and skill that is an infallible test; I used the greatest care and precautions in all the tests. I have a control of the test; the analysis is a control. I analysed sheep's liver at the same time, so that had any arsenic been present in the apparatus or the chemicals used it would have been detected; I got no mirror from the liver. I produce a table I have made containing the results of my various tests. In the stomach I found. 11 grains and in the intestines. 63 grains. I ascertained the amount of arsenic in the liver and intestine by weighing by a well-known process, not Marsh's test; in all the other cases I used Marsh's method. When I say in my table, "Total weight taken for Marsh," I mean the amount taken to produce the actual mirror. Excluding what I found in the hair, bone, and skin, the total weight I found in the body was 2.01 grains, which would indicate that more had been taken, because almost invariably when arsenic is taken the body refects it by vomiting, purging, and the passage of urine. There might have been up to five grains taken within three days of death. I did not know how to make the calculation as to how much there was in the skin and there was only the minutest trace in the bone; I could not calculate the hair very well, because the arsenic laid chiefly near the roots. (To the Court. It takes a little longer for the arsenic to reach the hair and the nails than any other part of the body. As regards the bone, it is stated that in chronic cases there is a considerable amount, but I cannot speak from my own experience.) It would take some few days for the arsenic to be deposited in the hair and nails. My opinion is that the fetal dose was taken within three, probably two, days of death. I found bismuth and traces of mercury corresponding to the proper medicinal administration of those drugs. Last night I analysed by the Marsh test the samples of carbonate of bismuth handed me by Sergeant Hayman and found they are practically free from arsenic; there is about one part in a million present; it would take at least 2 cwt. to produce two grains of arsenic. I came to the conclusion that the fatal dose was taken within two days of the death because of the relatively large amount found in the stomach and intestines. Arsenic had certainly been taken during the last two days, but I cannot say how long before; it is likely that it might have been taken a few days before, because of the presence of arsenic in the hair, nails, and skin, the deposition of which would probably take some few days. In a case of acute arsenical poisoning the stools would be offensive. but I do not think there is anything to distinguish those from epidemic diarrhoea. The body of a person dying from epidemic diarrhoea would decompose rapidly in hot weather and a person dying from acute arsenical poisoning would not decompose so rapidly, because the arsenic would probably exert some preservative action.

On December 11 I analysed a packet of Mather's flypapers and have since analysed other papers. As the result of my first test I found in one paper 3.8 grains of arsenic and in the other 4.17 grains; these were obtained from Price. In two of Thorley's papers I found 4. 8 grains and 6 grains respectively; Dodd's 3. 8 grains, and Spink's 4. 1 grains; the highest was 6 and the lowest was 3. 8 grains. I did this by a scientific process which extracts the whole lot. I find if a paper is boiled in water for a few minutes nearly all the arsenic comes out; I immersed one of Needham's papers in about a quarter of a pint of water, boiled it five minutes and left it standing over night. I found 6. 6 grains in solution; 3 grains was the lowest quantity I obtained by boiling. The arsenic in the flypapers is in a particularly soluble form, being in combination with soda; 2. 01 grains might be sufficient to kill an adult person. I produce some of the fluid I obtained from boiling the flypapers (Exhibit 140); it has the colour of the paper and is slightly bitter. This is a slightly stronger extract which contains 1 grain (Exhibit 141). I produce a bottle of Valentine's meat juice. (To the Court. Arsenic is often given as a pick-me-up.) I think arsenic might be administered in Valentine's meat juice without detection; the Valentine's meat juice and the fly paper solution are exactly similar in colour. I produce a mixture of the juice and fly paper in solution (Exhibit 142). In chronic arsenical poisoning, as distinguished from acute, the patient suffers from anaemia and general weakness; vomiting, purging, and abdominal pain are usually not present; the skin often becomes brown and rashes appear; the eyes may become red, sore, and inflamed; chronic cough and irritation in the throat and, after a few weeks, signs of neuritis occur; pains in the limbs, numbness, and finally some paralysis; the finger nails are thickened and lose their lustre; the skin of the palms and soles often thickens; the hair may become coarse and fall out. I have examined the nails, palms, and soles; they are normal. I observed nothing to indicate chronic arsenical poisoning. Acute arsenical poisoning is the result of one or more fatal doses. The symptoms are of a very acute and pronounced character. The patient is faint, collapsed, has severe pain in the abdomen, vomiting and purging; sometimes cramp in the legs; death resulting in a few days. Constipation is an unusual symptom; there is thirst, greater or less, according to the extent of the vomiting and purging. As the result of my analyses, tests and extensions, in my opinion Miss Barrow's death was caused by acute arsenical poisoning.

To Mr. Marshall Hall. I obtained from fly papers by boiling from 3 to 6 grains of arsenic each; in cold water I got from two papers 6 grain and 1.3 grains. With cold water the solution was paler and less bitter. If a fly paper were soaked 36 or 48 hours the solution might contain from 1 to 2 grains. If you reduce the quantity of fluid you increase the bitterness. 1-30th of a grain of arsenic three times a day is a common dose. Large doses of arsenic may be taken for months, or even a year, without producing arsenical poisoning—it depends on the idiosyncrasy of the patient—as with belladonna, morphia, and other drugs. In the Report of the Royal Commission

many such cases are mentioned. I consider this a case of acute arsenical poisoning. After a fatal dose immediate burning in the throat and cramp are not constant. I should expect, after a dose like 4 or 5 grains, acute pain in the abdomen within 30 minutes; it depends on the state of the stomach; the more delicate or irritated the membrane, the more immediate would be the pain. Beyond the fact of there being 2 grains of arsenic in the entirety of the body, the only other symptom negativing death from epidemic diarrhoea was the preservation of the internal organs. I do not know that the calculated presence of half the quantity of arsenic would modify my view. Arsenic does kill microbes to some extent, but its effect is rather to prevent their growth. In the intestine, where there are millions swarming, arsenic would not kill them, but in the liver and kidneys where there are none it would prevent them growing. In my opinion in this case the extreme period between the fatal dose and death was three days; the minimum period five or six hours, conceivably less; in that case there would be very intense agony at first and then probably the patient would become faint and collapsed and not feel very much; it would be the same pain as in severe cholera or severe diarrhoea. In chronic arsenical poisoning the individual susceptibility varies—some patients manifest extreme symptoms, others only slight. In preparing my experimental liquid I removed the entire organ from the body, separated a portion as a sample quantity, then took a similar portion of sheep's liver perfectly free from arsenic, which under the Marsh test discloses no mirror; to that is added arsenic, which is disclosed in the hydrogen apparatus on a mirror, with which is compared the mirror obtained from the suspected organ, and so by comparison I calculated the percentage of arsenic in the organ. The amount must be very minute; too big a mirror is detrimental to the experiment. I have here a series of standard mirrors so produced, showing 1-40th, 1-50th, and 1-60th of a milligramme and, comparing the mirror so obtained from the lungs, it corresponds with the 1-50th, the relative density of arsenic being shown by the more or less brownish tinge on the mirror to which it approximates: [A series of mirrors were explained to the Jury.] The 1-50th milligramme is about 1-3,240th part of a grain. The multiplying factorizing so large, great accuracy in the experiment is most important; the quantity on the mirror is visible, but is so small that it could not be weighed; it is metallic arsenic very finely subdivided; it could be reduced to a crystal of another compound of arsenic. The multiplying factor in the lungs is 50, in the stomach 200, in the kidneys 60. Portions were taken from both kidneys—there is no practical difference in the dissemination of the poison in the right or left organ or lobe. The multiplying factor in the spleen was 13, in the heart 50. There was so little in the brain (.005 grain) that I leave that out; the multiplying factor was 11 1/2; in the nails and skin the quantity is very small. I get as the result: In the liver 17 grain; in the intestine 2-3rd grain; the other organs 1-30th, 1-30th, 1-30th; 1-1,944th grain; 1-3,240th; in the case of the brain 1-16,000th; in the ear 1-5,184th and so on. An error in the original

measurement would make a great difference in the ultimate calculation. The weight of the body 14 days after exhumation was 67 lbs. 2 oz. I could not say what the weight of the body was in life. I should not accept chat it was 11 stone at death—it would be less than 10 stone; it might have been 10 stone before the illness. In the case of the muscles, the sample taken was six grammes; I produced a mirror which I diagnose as 1-30th milligramme; the multiplying factor is about 1.940; I have no absolute weight of the muscles by which to multiply the sample; the result is. 03 grain—about half the total calculated. I take the assumption that the weight of the muscle is 2-5th of the weight of the body. The body consists of bone, organs, blood, and muscle. The weights of the component parts to some extent depend on the amount of water in those parts. I do not claim chat my results are more than approximate. I examined the hair. In the proximal end I find 1-80th milligramme, in the distal end 1-300th. There is a possibility of minute quantities of arsenic being taken in certain foods; the quantities are about. 01 grain in a pound or gallon. In the hair the bulk of the arsenic is deposited in the proximal end, and reaches the distal end in the course of growth. The presence of arsenic in the distal end therefore is evidence of a long period of arsenic taking, the period being longer according to the quantity found in the distal end. [The cases mentioned in the Report of the Royal Commission were referred to.]. 04 grain of arsenic to 1 lb. of hair may be present in normal hair in small amounts. If found in the hair it indicates that probably the arsenic has been taken for some period. 1-18th grain in 1 lb. weight of hair might mean that arsenic had been taken a year or more ago—not that the taking had been continuous over that period. In my opinion Miss Barrow died of one full dose taken within three days of death. It is possible that the earlier symptons were due to previous non-fatal doses throughout the illness; arsenic is not a cumulative poison because of the expulsion of the faeces and urine; small doses would be rapidly expelled by the sickness and diarrhoea, and would be non-efficient so far as the fatal result was concerned. If a dose producing symptoms of poisoning were taken, another dose would have a greater effect. With regard to the hair, I ought to mention that I took the hair for analysis at the second examination; it had been lying in the coffin and was more or less soaked in the juices from the body. I washed it, but it is possible that some soakage may have occurred and the results may be a little higher. This opinion is borne out by the analysis of the hair obtained from the undertaker; the figure was lower—1-21st of a grain to 1 lb. If arsenic had been taken medicinally as a tonic it would not affect gastro enteritis; and if taken in quantity producing irritation of the stomach gastro enteritis would increase; the one would increase the other. I agree that from all Dr. Sworn could see, his certificate was amply justified. It is very unusual to analyse the faeces and urine for arsenic unless suspicion is aroused. It requires a special test by a specialist. The bismuth and chalk mixture would be beneficial if the illness had been caused by arsenic. I consider a fatal dose was given within two days of death; it may have been taken when Dr. Sworn last saw her; the effect would be diarrhoea and sickness.

Re-examined. If arsenic had been given about September 1 and the treatment had been carbonate bismuth and the effervescing mixture described, assuming the dose not too large, the patient might recover; the vomiting, diarrhoea, and pain would gradually cease. I would not be more precise than to say the fatal dose must have been given within two days—it may have been a few hours—before death. I have not included any arsenic from the hair in my total of 2.01 grains in the body. The finding of arsenic in the distal end of the hair does not affect my opinion that this was a case of acute arsenical poisoning. There was 1-10th grain in the stomach, 2-3rd grain in the intestines; that must have got in within two days of death; also the amount in the liver. The chief reason for my opinion as to the cause of death is the amount found in the stomach and intestines, equal to 3-4th grain; my opinion is not altered in the slightest because of the arsenic found in the hair. Dr. Rosenheim, a physiological chemist, on behalf of the prisoner, visited me. I showed him the standard mirrors, the sample mirrors from every organ; he examined and matched them; the apparatus was set up, and he could have used it there and then if necessary. The result must be approximate—it is obtained by taking fairly the scientific test. With regard to the amount of muscle I endeavoured to ascertain the amount—the usual assumption would have given rather more.

To Mr. Marshall Hall. The sample of the intestines was about 1-5th of the total; it was taken from different parts—the duodenum and so on passing down—and made into a solution which was completely mixed. There are many places where an analysis of the urine, etc., can be made for a few shillings.

(Friday, March 8.)

WILLIAM HENRY WILLCOX , recalled, gave details of further experiments he had made with a view to showing that arsenic extracted by soaking flypapers could be administered with brandy.

To Mr. Marshall Hall. The standardised mirrors that I have produced here were made specially for the purposes of this case.

This closed the case for the prosecution.

Mr. Marshall Hall submitted that there was not sufficient evidence against either of the prisoners to justify their being put in peril upon the charge of murder. This case was absolutely unique. In all previous cases of murder by poisoning—especially where two persons were charged together—there had been direct tracing of the poison into the possession of the accused. Here not a tittle of evidence had been offered that either of the prisoners possessed arsenic in any form, and there was no evidence that either prisoner had had opportunity of administering arsenic. Indeed, there was no evidence that Miss Barrow died of arsenical poisoning; the finding of traces of arsenic in the distal ends of the hair was an indication, not of the taking just before death of a fatal dose, but of a continuous course of arsenic consumption over 12 months or more. The Marsh test was a qualitative, not a quantitative, test; it was effective for detecting the presence

of arsenic, but useless for the purpose of measuring the quantity; the quantities dealt with were so infinitesimal that the minutest fraction of margin of error would altogether vitiate the calculation.

Mr. Rentoul, on behalf of Mrs. Seddon, said that he adopted all that had been put forward by Mr. Marshall Hall, and added that, weak as the case was against the male prisoner, it was immeasurably weaker against Mrs. Seddon.

Mr. Justice Bucknill (without calling on the Attorney-General) said that he would follow the course he always adopted in cases of this kind in which arguments had, at this stage, been submitted which he was unable to adopt; he would confine himself to saying that the case must proceed.

(Defence.)

Mr. Marshall Hall opened the case on behalf of the male prisoner.

SYDNEY ARTHUR NAYLOR , auctioneer, 256, High Road, Tottenham. I have known Seddon about six years. In June or July, 1909, I saw him at a public-house in Seven Sisters Road, at a meeting of the Legion of Frontiersmen; later we went to his shop in the same road, where he carried on the business of a wardrobe maker. He talked about the success he was having in that business and the profits he was making. He showed me a bag of gold containing about £150 or £200 in sovereigns.

Cross-examined. He said he kept the money by him in order to pick up any cheap stocks for cash. I understood that the wardrobe business was his own. He carried it on for about 12 months.

WILLIAM JOHN WILSON , a post office employe, said that he was with the previous witness when Seddon produced the bag of gold.

FREDERICK HENRY SEDDON (prisoner, on oath). I am 40 years of age. I have been employed by the London and Manchester Industrial Assurance Company since I was 19 years old; since 1896 I held the position of district superintendent; since 1901 superintendent for the Islington district. I have five children living, the eldest a boy of 17, the youngest a girl now 12 months old. About eight years ago I purchased 57, Isledon Road; I sold the house at a profit, and invested £400 in Cardiff stock, which I still have. I have always been in the habit of keeping ready money at hand, never less than £50. Prior to February, 1909, I lived at Southend for 12 months, coming up daily to London to attend to my insurance business. I then lived at 267, Seven Sisters Road, where my wife and I carried on a ladies' wardrobe maker's business; I found the money, but the business was carried on in my wife's name, as it was hardly a business for a man to be engaged in. I did not bank the profits; I kept the cash in a safe. I had two safes, one in my office and one in my bed-room. I remember the evening spoken to by Naylor and Wilson; they are slightly wrong in the amount, but I did show them £100 or £130 in gold; it was the balance I happened to have in hand on that day. In August, 1909, I. purchased 63, Tollington Park. About this time my wife and I had a little difference on family matters, and

we separated for a short time. I shut down the wardrobe business, as it was not one that I could engage in. My first idea in buying 63, Tollington Park, was to let it out in flats. Eventually, about January, 1910, I moved in there with my wife. To save the rent of a separate office I used a room in the basement as my office for insurance business; my family occupied the first three floors, and we let the upper floor. I kept one safe in my basement office and one in my bedroom. On going into this house I counted the cash I had; it was about £220 or £230. I kept this amount in gold so that, if anything happened to me, the money would be readily available to pay off the mortgage of £200 which was upon the house. In July, 1910, my second floor rooms were vacant, and I instructed Messrs. Gilbert and Howe, house agents, to secure a tenant. Miss Barrow called, with Mrs. Hook, and saw the rooms, and Miss Barrow agreed to take them at 12s. a week. Miss Barrow, Mr. and Mrs. Hook, and Ernest Grant came in. They turned out to be undesirable tenants; there was some disturbance in the house, which I was not used to, and I gave Miss Barrow notice to quit. She said she did not want to leave, that the cause of the trouble was Mr. Hook, that she was afraid of him; she asked me to speak to him; I said she had better speak to him herself. This was on a Saturday; the next day Hook and his wife, with Ernest Grant, were out all day, leaving Miss Barrow quite unattended, although she could not wait on herself. My wife and daughter informed me that she had been crying all day. I said I would speak to Hook when he came home, because I had understood that the arrangement was that the Hooks were occupying Miss Barrow's rooms on the condition that they would look after her. There was no arrangement that my wife or family or servant should do any cooking or anything else for Miss Barrow. To satisfy me, Miss Barrow gave Hook a written notice to quit. He wrote her a reply, rather cruel and abrupt, saying that if he went he would have to take Ernie with him. It is untrue that I ever suggested to Miss Barrow that she should get rid of the Hooks. She was distressed at the idea of parting from Ernie, and she said to me, "As landlord, cannot you tell Hook to go"; I told her that she was my tenant, not Hook, and that if she so desired I would tell him to go. When he came in that night I knocked at his bedroom door; he took no notice; so I fixed on the door a notice to quit. He saw me the next morning. Miss Barrow had claimed my protection. I told him that I was not used to this kind of thing in my home and he must get out. Up to this time—while the Hooks were in the house—I did not know that Miss Barrow had a cash box. Upon this bother with the Hooks she was terribly upset; she came down to my dining room and asked me to shut the door; my wife and daughter were there. She said, would I put her cash box in my safe, for safety, as she was afraid Hook might take it with him when he was leaving. I said, "How much have you in the box"; she said, "Between £30 and £35"; I said, "I would not like taking the responsibility of minding your cash box if you are not sure how much is in it, without you count it out in my presence; then I will give you a receipt for the box and its contents."

She said she would take it upstairs and make sure how much was in it. She went upstairs, taking the box with her; I naturally thought she would return in a little while; she did not; she locked herself in her room. I never had possession of the cash box; Hook left that day and I supposed she did not trouble any further. I did not see the cash box again until after her death. After the Hooks left an arrangement was come to that my daughter Maggie should look after her, receiving a shilling a day as pocket money; she was to do the cooking, look after the rooms, and so on. In the autumn of 1910 my wife and daughter told me that Miss Barrow was continually crying and very despondent, and greatly worried about her property, and they asked me to see her. On a Sunday in September I had a conversation with her. I asked her what her troubles were. She said she had a public-house, the "Buck's Head," at Canning Town, that it was her principal source of income, that she had had a lot of trouble with the ground landlords about the Compensation Fund, that Lloyd George's Budget had upset licensed premises by increased taxation, that her tenants, Truman, Hanbury, Buxton and Company, had a lot of licensed houses, and she was afraid they would have to close some of them; she also had a shop next door to the "Buck's Head," a barber's shop, which was largely dependant on the licensed house, and if she lost this it would mean a loss of £3 a week to her. I asked her as to her other sources of income. She told me that she had some £1,600 worth of India stock, upon which she had lost a lot of money; she had bought it at 108, and at that time it was down to 94. I told her that there was nothing much to worry about as to that; it was gilt-edged security; it would keep her out of the workhouse, anyway. I asked her what she wanted. She said she would like to purchase an annuity, the same as a friend of her's (she did not give me the name, but I subsequently learned from the Vonderahes that she was referring to a Mrs. Smith). I said, "You must remember an annuity dies with you." She said she did not mind that, she had only herself to consider, as her relations and friends had treated her so badly. She said if she could get an annuity of £2 10s. or £3 a week she would be pleased. I said, "What is the value of your public-house and barber's shop." She said she did not know and she was not sure whether her title was clear. I said, "The best thing you can do is to consult a solicitor." She said she had had quite enough of solicitors; they charged too much. I said the best thing for her to do was to go to the post office. I did not myself go to the post office. She brought me this document (Exhibit 49) from the post office. She just told me her age was 48; the cost of an annuity would be then £17 13s. 2d. for £1 per annum. On telling me she was 49 I said she would get it for 7s. a year less and I marked the annuity form. I told her she would have to pay £1,700 for an annuity of £100, and she said, "My stock is not worth that, is it?" Her objection to it was that she would have to part with all that money and wait six months before she got any return. I will not swear that this is the document I handed to the coroner on November 23; she asked, Could you grant the annuity to me?" and she proposed to

transfer both her property and her stock to me. I calculated, knowing what I did of the annual income and the lease of property and the value of the stock, I could grant her an annuity of between £2 10s. and £3 a week. I took into consideration if I paid her £10 a month and allowed her to live rent free it would mean £3 or £3 2s. a week—£151 5s. per annum. I had then no actuarial value of the property; I reckoned £1 a week from stock and £3 a week from the property. On October 14, 1910, the stock was transferred to me, but before the bargain could legally be finally concluded it was necessary to get a value of the property and to satisfy her that she had the power to convey. She said she would be very pleased if the annuity began in the New Year. I did not sell the stock until three or four months afterwards and the whole of the proceeds of that and the property are still intact and are held under order of the court restraining anybody from dealing with them. Investigations into the property began in about October, 1910. This letter (Exhibit 150), dated October 15, is from her to me; it gives me liberty to have her title investigated; stating that all expenses must be paid by myself, and that she was instructing her tenants to forward rents direct to me. I took the documents down to Mr. Keeble, of Russell and Sons, and explained the situation to him. I asked Robson and Perrin to let me know their fees to make a valuation and they sent me a letter they received from Mr. Brangwin, surveyor, of Great Russell Street, dated December 7, valuing the property at £706 (Exhibit 151). As far as I know, the facts upon which he based the valuation are accurate. (The Attorney-General stated that he would accept that.) Negotiations went on till January 4, 1911, when Miss Barrow wrote to Messrs. Russell, agreeing to the transfer of the property on consideration of my paying her £52 a year and arranging an appointment when she should meet them and sign a deed of conveyance. They advised she should be separately represented and I concurred. She was represented by Mr. Knight. I paid all the expenses, including a separate cheque for Mr. Knight's £4 13s., as she would not pay them. I explained to her that the expenses had been heavier than I had anticipated and that she ought to pay Mr. Knight's fee. She said she had no money to spare, but later she gave me a small diamond ring, I wore it on my little finger until after her death and then I had it made larger to fit my third finger. Mr. Knight wrote her on January 10 stating that he had safeguarded her interests in the transaction. On January 11 the assignment took place; Mr. Knight was present and witnessed her signature. The annuity was to be paid on the first of every month, and I paid her £10 in advance in the first week in January, £4. for the property and £6 for the stock. I always got two receipts. There is the letter (Exhibit 182)) she wrote to the surveyor of income tax certifying that she was in receipt of £124 per annum for value received. (Two series of receipts dating from January 11, 1911, till September 6, 1911, showing that £6 and £4 a month had been received from prisoner by Miss Barrow in respect of the stock and property respectively every month (Exhibit 153) were put to witness.) All

these are in her handwriting. In January, 1911, I instructed Mr. Keeble to sell the stock, having entered into negotiations to buy leasehold property in Coutts Road, Stepney, and on January 25 it was sold for £1,519 16s.; I placed £1,400 cheque on deposit at the bank on which it was drawn (this was just sufficient to pay for the property) and drew the remainder. I had still got the £220 in the safe) £70 of the balance of £119 16s. I put on deposit in the London and Provincial Bank, and the remainder I added to my current account. In March I drew the £1,400 and paid for the 14 leasehold houses, less £70, which I had paid on deposit by a cheque drawn by my solicitor on my current account. On March 7 I paid in a further £30, into my deposit account, bringing it up to £100. About the end of February my father came to live with us. The reason why the letter dated March 27 (Exhibit 7) came to be written was that she had been out to see some funeral and she returned very despondent and talking about funerals and death; she asked me what would happen to the furniture and jewellery that had belonged to Ernest and Hilda Grant's parents if anything happened to her. She was afraid that the Hooks or her relations would get it; so I told her she ought to have a solicitor and get a will drawn up, as if she did not her legal next-of-kin would come into it. Whenever I mentioned a solicitor she got annoyed. On returning that night my wife handed me (Exhibit 7) which Miss Barrow had given her, and I put h in my secretaire. In about May, 1911, there was trouble with the Birkbeck Bank, and she asked me if my wife could go with her to draw the money out of the bank in Upper Street as it looked as if all the banks were going smash. On June 19 she went with my wife and drew out £216 19s. 7d. I never saw it. My wife told me that she brought the money into the house in gold, and I told Miss Barrow that I did not consider her trunk was a safe thing to keep such a sum of money, especially in my house. On August 1 she went to see Dr. Paull, accompanied, I believe, by my wife. From the 5th to the 8th we all went to Southend. The last week in August and the first week in September were intensely hot. She and the boy sometimes sat in the garden. The boy was very friendly with my children and was treated as one of the family. I believe she and the boy had their meals in her kitchen. I understood that she always bought her own food. Maggie cooked it in her kitchen. I cannot say whether Mrs. Seddon cooked it downstairs on some occasions. When they first came the boy used to sleep with her, but on my advice she bought a bed and he slept in the small room until she took ill on September 2. On September 1 my wife told me that she had a bilious attack; I wanted to pay her her annuity, and my wife told me not to trouble her as she was resting. On September 2 she sent a message down by my wife that she thought she could manage to sign for her annuity. I paid her £10 in gold, as I always did. She signed the two receipts, one of which is dated August 17. I cannot say if she got better or worse after that. On September 4 I went up to remonstrate with her for leaving her bedroom and going into the boy's back room; my wife who told me about this, was upset about

it. When Dr. Paull was sent for and he could not come, I suggested that Dr. Sworn should be telephoned for. When I went to her room on September 4 there were a lot of flies in her room. my wife told me that she had complained about them and that is why she had left her room, saying that the flies annoyed her and the room was too hot. My wife told me that she had got some flypapers on that date. From first to last I never handled a flypaper that came into the house. The firs; time I heard of Mather's flypapers was at the police court. On the night of September 11 when the will was signed saw a couple on her chest of drawers and a couple on the mantel-piece in saucers—they were those that you put water on; I cannot say whether they were Mather's or not. I did not know they contained arsenic, and I never boiled one or ever made a concoction from them in any other way. On September 11 my wife told me that she was worrying again about the furniture and jewellery for Ernest and Hilda Grant. I said, "Why did not she do what I told her and have a solicitor?" She said, "She wants to see you about it." I went up to her about 5 p.m. and asked her what she wanted. She said, "I do not feel well, and I would like to see, if anything happened to me, that Hilda and Ernest Grant got what belonged to their father and mother"; she said there was some jewellery that belonged to the parents and there was a watch and chain that belonged to the father. I said, "Don't you think I had better call in a solicitor and have a proper will made out." She said, "Cannot you do it for me." I said I would. I was very busy at the time with my own business and I had my sister and her daughter down from Wolverhampton, so between 5 and 6 p.m. I drafted a will up hurriedly, including what sue had mentioned. Between 6 and 7 I asked my father and my wife to come up and witness her signature to it and we went up. I read it to her and asked her if it would do. She asked for her glasses to read it herself. My wife asked my father to pass her glasses from the mantelpiece, and he did so. She read the will and asked me where to sign. We propped her back up with pillows, and she signed it half reclining. I put the will on the little table and showed my wife and my father where to sign and explained to Miss Barrow they were witnesses. She said, "Thank you. Thank God, that will do." It was my intention to take it to Mr. Keeble and get him to draft it up in proper legal form and bring it up for her signature. I never gave it a thought as to whether it mentioned her money; I had never drafted wills before. My wife had told me that she would not take the chalky mixture that the doctor had given her and the doctor had given her some effervescent mixture which had to be drunk during effervescence, but she would not take it while it was fizzing, and would I speak to her about it. So on this occasion I said to her, "Are not you aware that your medicine is no good to you without you drink it during effervescence?" I asked my wife to give me a dose and I would see if I could get her to take it during effervescence. My wife gave me two glasses to hold and she poured some out of two bottles in them, and when I put the two together it fizzed. I said I would practise on myself, and I put the two mixtures together.

I noticed the effervescence went off very rapidly, so I drank it myself, and told Miss Barrow that that is how she was to drink it. I repeated it and handed it to her, but she did not drink it during effervescence. I told my wife she ought to tell the doctor about it and that she ought to go to the hospital. The only other occasion I ever gave her anything was on the last night when I gave her a drop of brandy. A day or two before the 11th my sister's husband wrote asking if she might come and stay with us. I wrote and said I had got an old lady ill in the house, but if she liked to come and take "pot luck" she could do so. She arrived with her daughter at about 4 p.m. on the 11th. We gave our best bedroom to her and we went into the first floor back room and we put up an extra bed in the back room next to Miss Barrow's for my father and my sons. Chater slept in the room she had always occupied with Maggie and my youngest daughter, and the baby slept with my wife. On the night of the 11th all of us, except Maggie, went to the Finsbury Empire. On the morning of the 13th my father, my sister, and her daughter and my children went to the White City. I believe I was in bed when Dr. Sworn called between 10 and 11 a.m. I went out about two and returned about seven for a hurried tea. I then went to the Marlborough Theatre about 7.45; I had a dispute there about a florin and a half-crown. At about midnight I came home and I heard from my wife that Miss Barrow had called out, "I'm dying." I said, "Is she?" and she "No," and smiled. Dr. Sworn lives about twenty-five minutes from us; I could do it in about fifteen or twenty. I had been in about half an hour when Ernie called out, "Mrs. Seddon, Chickie wants you." My wife told me she had been calling like that and that she had put hot flannels on her. She had been up several nights that week till the early hours of the morning, and it was nothing unusual for the boy to call out. She was resting on the couch, and I said, "Never mind, I'll go and see what she wants." She said, "Never mind, I'll go." I said I would go and I asked my sister to go up with me. We both went up, my wife following immediately after. I said to Miss Barrow, This is a sister of mine that is down from Wolverhampton. You know Mrs. Seddon is tired out and I would like you to try and let her have a little sleep. It will do you more good to rest." She said Oh, but I have had such pains." I said, "Mrs. Seddon says she has put hot flannels on you and done all she can for you." She did not take much interest in my sister, and she left the room. She asked for more hot flannels and a drop of brandy. I said, "My good woman, don't you know it is after one o'clock in the morning. We can't get brandy now." My wife told me there was a drop in the bottle, and I gave her a half and left the rest; I think there was a soda syphon there and I put a drop of soda in it. I had not the smallest suspicion that she was seriously ill; every night had been alike; my wife had been up and down with hot flannels every night that week. I left my wife to prepare hot flannels and went downstairs; my sister had hardly got to the bottom of the stairs; I had only been about five minutes in the room. I had a conversation with my sister. I went

to bed between 2 and 2.20 a.m. I could not bear to be in MissBarrow's room on account of the shocking smell; I have a delicate stomach. My sister said that we should not allow the boy to sleep with her, and I said if we did not allow it we would not get any sleep at all; she either wanted my wife or the boy. We had been in bed a few minutes when the boy called Mrs. Seddon again. She went up alone. That was twice she had her called up within half an hour. The third time she called I went up with my wife; I went up to see if I could not get her to sleep; I explained to her that if she was going to have Mrs. Seddon up all night, she would have no one to wait on her and that we should have to get a nurse or she would have to go to the hospital. She said she could not help it. Ernie said he was tired and could not get any sleep. My wife said she was going to sit up with her, so I told the boy to go to his bed. Miss Barrow closed her eyes as if she was going to sleep, and my wife attempted to leave the room when she opened her eyes and asked for Ernie; she did not like to ask for Mrs. Seddon again. I told Ernie to get back to her bed again. Later I sent him to his own bed. Each time she went up my wife made hot flannels for her, getting the hot water from Miss Barrow's kitchen. We then left her and we had been in bed 15 minutes when the boy shouted, "Chickie is out of bed." We rushed up and found her sitting in an upright position at the foot of the bed and the boy was holding her up by the arms. I asked her what she was doing out of bed, but she made no reply; she did not complain of pain; she seemed to know what she was doing. We lifted her into the bed and the wife agreed to my suggestion to stay with her. I sent the boy to his bed; it was getting on for 4 a.m. My wife told me to go to bed, but I said I would put my pipe on and keep her company; I stood at the door smoking my pipe, and I kept going up and down to see to the baby. My wife sat in an easy chair by the bed. Miss Barrow went into a sleep and I said, "She seems to have gone into a nice sleep." My wife said it was no good to go to bed again as we should only be called up again. We decided that she should go to the hospital next day and I would tell Dr. Sworn so. Miss Barrow was snoring for an hour or an hour and a half after that—a kind of breathing through the mouth. I was smoking and reading and my wife was dozing when this snoring did not seem quite so heavy and all of a sudden it stopped. I said, "Good God, she's dead"; this was about 6. 15—6. 20 by her clock. I was in a terrible state," and I hurried off for Dr. Sworn. He gave me a certificate; I did not expect it then. I got back about 8 a.m. I saw Mrs. Rutt come; my wife had sent for her. They laid the body out. I helped to lift the body while the feather bed was taken from under her. I asked my wife if she knew where the keys were, and she handed me a bunch with one of which I opened the trunk. At the top I found the cash box, which I put on the bed and opened in their presence with another of the keys. In it I found four sovereigns and a half sovereign. In the afternoon we started to search the room; we had already searched the trunk right through in the presence

of Mrs. Rutt. I felt there might be more money. In the drawer in which my wife had found the keys I found in the fold of a paper three sovereigns wrapped up in separate pieces of tissue paper. In the pocket of a handbag which was hanging on the bed I found £2 10s. There was another loose kind of string bag. I sent my children and Ernie to Mrs. Henderson's at Southend; I thought I would not tell Ernie of her death till he had recovered a little from the shock. At 11. 30 a.m., when I had not yet found the balance of the money I went to see Nodes. His account of our conversation is practically correct, but there is a lot that he has forgotten. I didn't say, "Old girl." I told him I had only found £4 10s., and there were the doctor's fees to be paid and he said he would give me a very nice "cum out" for £4, with a composite carriage. When he asked me who was going to the funeral, I said, "I do not know yet; I am going to drop a line to the relatives, though they have never been near during the time she has lived in the house and they parted very bad friends. I don't know whether they will come to the funeral or not. If they don't turn up there will be me and the wife and the father to go." He explained to me what a composite carriage was, and assured me that it would be quite a respectable "turn out." I asked if it could easily be altered if the relatives, turned up, and he said coaches could be added. I have known him over 10 years. I gave all my agents his business cards to try and introduce him business. He drove me to my house. Miss Barrow had told me there was a vault in her family, but when her mother was buried it was full up. On going in the trap, he said, "Between you and me I would not do it for anybody else, but I can do this funeral for £3 7s. 6d., but, of course, I will give you a receipt for £4." I said, "A little bit of commission like?" When we got to the house the smell in the room was so bad that I had to leave. He suggested that the body should go to the mortuary, and he also suggested the burial on Saturday. I would not decide at once. I had a cup of tea and at about 1 p.m. Taylor arrived and Smith soon after. I joined them later. After a talk with my wife and father we decided to have the funeral on Saturday as it was a slack day for me, and otherwise it would have to be postponed till Sunday; the condition of the body had also to be considered. I telephoned to Nodes falling in with his suggestion. I saw Taylor and Smith in my office about 4 p.m. I complained I was worn out and could do with a sleep. Smith suggested I should lie down and I said I thought I would, but I should have first to send a letter to the deceased's relatives to let them know she was dead and that the funeral was on Saturday. I had got some mourning paper in my pocket in the office at the side of the safe and 2 got my typewriter and put it on the desk underneath the pendant where I generally sit when I use the typewriter, because there is a flat counter there. I sent the Vonderahes an intimation that she had died. This (produced) is a carbon copy on the other sheet of mourning paper; I had only two sheets. On March 27 Miss Barrow had given me their address, and I did not know they had moved. I called my daughter and told her to post.

it and to catch the five o'clock post as I wanted them to get it that night. Smith asked me if he could go out and get a drop of brandy as he felt bad himself, and I said, Yes"; he followed Maggie out. Subsequently he came to me of his own accord and said he had seen the inquest in the paper. I said, "Did you know that the Vonderahes have denied receiving a letter?" and I asked him if he recollected my saying that before I could go for a rest I had to write to them. He said, "I do, perfectly well. You wrote it on mourning paper and put it on my desk in the envelope." I said I was glad he had noticed that and he said, "Yes, and I saw Maggie post the letter and I patted her shoulder as I passed her and said, 'Good afternoon'" My wife and Maggie and I think my father were present. I asked him if he thought Taylor would remember it, and he said if he refreshed his memory as I had done his, he thought perhaps he would. He said he was quite willing to give evidence and I instructed Mr. Saint to secure his attendance. Nodes took the body away and I got a lock of hair for Ernie and Hilda Grant.

(Saturday, March 9.)

FREDERICK HENRY SEDDON (prisoner, recalled, further examined). Miss Barrow used to go out every day, taking the boy to the school in the morning, bringing him back to dinner, taking him to school again and bringing him home. As far as I could see she was healthy and strong, but from my observations as an insurance superintendent she was not a life I could recommend for insurance; her complexion was very sallow, but she used to walk about a good deal. About 6 p.m. on September 14 I found Smith and Taylor in my office. On this occasion they had been taking the collectors' money. I always count it up into bags and put it into my safe, and then when I go to bed I take it upstairs and put it into my bedroom safe; I never leave any in the office safe over Thursday night. On the following afternoon I pay it into my Bank. I think I had to pay in on this occasion £57, having deducted all expenses. On this night the silver was in three bags and the gold in one bag; the gold consisting of £29 of the company's money and £35 of my own, out of £80 I had in my office safe, which I intended adding to my current account; I still had the £100 in my safe upstairs. I had originally £100 in the office safe, but I had reduced that to £80 in this way. On several occasions Miss Barrow had given me a £5 note for her rent, and I had taken £5 in gold out of the bedroom safe to cash it, replacing it by the note; this had been done to the tune of £25 between October and January, so in my bedroom safe there would be £75 gold and £25 notes. By January I had reduced my current account by the £34 I had paid to Russell and Sons. I took these £25 notes to the bank on January 13 to make up my balance. I subsequently reduced the amount in the office by £20, leaving £80 there, and with £5 I had loose I brought up the amount in the bedroom safe by adding this to £100. On one occasion in October Miss Barrow gave me a £5 note and £4 8s. 4d. in cash to pay the ground rent of the "Buck's Head," and I sent a

cheque through my own bank; the item appears in my bank book. Those are the only occasions I remember receiving notes from Miss Barrow. On this night I took the £80 out of the safe to count £35 from it, and so I would have with the £29 of the company's money £109 in gold on my desk, and three bags containing exactly £15 silver. I returned the £45 balance to my safe. It is not true that I had the bags on my arm; I put them in the slide till, which I put into the cupboard. Taylor and Smith left the office about midnight. On the following day I paid into the credit of my current account £88 4s. 8d., consisting of £29 of the company's money, £35 my money, and £15 17s. 6d. in silver and 30s. in copper, £6 17s. 2d. in cheques and postal orders, and £7 16s., this last being into a separate account that I kept for the rents of the Coutts Road property. On that day my current account is debited with £100, which was the transfer of the Coutts Road property profit rental for the half year, and that sum was added to my deposit account, bringing it up to £200. I put £30 of the £45 in my office safe into the Post Office Savings Bank in gold. On the Saturday I went to see Mrs. Longley off, and on my return I happened to be passing the jewellers' shop, so I called with the diamond ring. On September 18 I applied for three shares in the Building Society, paying for them £90 in gold from my bedroom safe, leaving there £10. These annuity receipts represent £91 I had paid to Miss Barrow; I always paid her in gold. On occasions I wrote the cheque payable to "Self," drew the £10, and paid that to her to save breaking into the money I had. (To bear out this statement witness read from his counterfoil cheque book four items, dated January 31, March 1, March 31, and July 31, marked F. H. S., £10.") In two cases counterfoils are marked "E.M.B. £10," and as to the other five payments I withheld £10 from the company's money I had to pay and debited my own account with the sums. (I wish to correct a statement I have made; on the night of September 24 I had £70 in my office safe, and not £80.) I was out when the Vonderahes called on the night of September 19. I stopped in to see them next day, as they left a message to say they were coming. Two women called. I said to one, "Are you Mrs. Frank Vonderahe?" and the smaller woman said, "No, I am. "I said, "How is it you did not answer my letter and come to the funeral?" She went quite flushed, and seemed a little excited; she said, "We never got no letter." I pulled the copy of the letter I had written out of my pocket, and she read it. She said, "We never received a letter." She told me, on my asking, that she lived at Corbyn Street, and I said that the letter was addressed to Evershot Road, and that she had better make inquiries at the post office about it. She said they had heard. Miss Barrow was dead, and they had come to interview me respecting it. Later she asked me about the investments, and I said that she had disposed of them to purchase an annuity. I gave her a statement, and said, "Here is a full statement of it." I also gave her a copy of the will and three mourning cards. The original will was in my safe upstairs. I told them on their asking that she was buried at Finchley. She said, "In a public grave?"

I said, "Yes." She said, "Fancy—and she had got a family vault." I said, "It is full up." She said, "No, it is not," and I said it would be an easy matter for the relatives to remove the body. She said, "Whoever had persuaded her to part with her money must have been a very clever person." I said that she was anxious to purchase an annuity, as a friend of her's had had an annuity, and this friend had no worries whatever, whereas she was constantly worried about it. They said to each other, "Oh! it would be that Mrs. Smith;" that is the first I knew of her existence. Mrs. Frank Vonderahe said that Miss Barrow had been a bad wicked woman all her life and that a public grave was good enough for her; she spoke about quarrels that had taken place between her and Ernie's mother and that they had thrown things at one another, and that it was a good job for the boy that she had passed away; she said, "She even spat at us before she left." I said, "She was only a woman that wanted humouring, and you ought to take into consideration her infirmities." They spoke of her as a vindictive woman and that I did not know her as they did. I never found her vindictive. They asked what was going to become of the boy and I said, "Unless the boy's relatives interfere there is a home for him here." I clothed and kept him. My wife showed them some underclothes she had made for him and they said they could see he had got a good home. They also said that they always told their husbands that she would never leave anything to them and they were not surprised that she had left them nothing. They asked me if I would see their husbands; I said that we were going away for a fortnight, but I would gladly see them on my return. On my return in October I sent Ernie round to say I was back. On October 9 Mr. Vonderahe came with a man I assumed to be his brother. He said, however, his brother was ill. I said, "What did you want to bring a stranger for? This only concerns the legal next-of-kin." He said, "Surely, there is no reason why you should not speak in the presence of my friend." I said, "Well, I don't know. I understand that you have put the matter in the hands of a solicitor." He said, "My brother is not well; he could not come." I said, "What would you like to know, because I have placed all the information in the hands of your wife? I sent you a copy of the will. I gave you a statement in writing as to what she had done with her properties and purchased an annuity. I also showed your wife a letter that she had written to me stating that you treated her badly and she did not wish her relations to benefit. What else would you like to know?" He wanted to see the original will. I said he had a copy and he said, "Can't I see the original will?" I said, If you are the legal next-of-kin you can." He said, "I am." I said, "I understand there is an elder brother"; I had learnt that from Miss Barrow. He said, "Supposing he is dead?" I said, "It is a very easy matter to get a copy of the certificate of death and swear an affidavit that you are the legal next-of-kin and I will go into details with you." He said, "I don't want to be bothered with solicitors." I said, "You have got all the information I can give you and I put it down in writing and I am prepared to stand by it. Everything has been done

in perfect order." He said, "Who is the landlord of the 'Bucks Head' and the barber's shop?" I said, "I am." He said, "How did you come by it?" I said, "I have already told you that if you will prove to me you are the legal next-of-kin, I will go into further details with you." He asked about the boy, and I said, "He has a comfortable home here unless the relations interfere with him. Of course I have no legal claim on him any more than Miss Barrow had, but I should like you to know he has got a good home and if the uncles can give him a better home than he has got here and they wish to take him, I cannot stop it." My wife showed him some flannel underclothing she had made for the boy and he said, "I can see the boy is well cared for." We parted on quite friendly terms. I beard he had been making inquiries at the undertaker's, who had advised him to see a solicitor, but he said he did not want to bother with them. On November 22 the coroner's officer called upon me and made inquiries about the death, and I answered them and gave evidence at the inquest on the following day. On December 4 I was arrested. I used the £15 in my safe downstairs for my holiday at Southend. On November 27 I withdrew £47 17s. 9d. from the post office, leaving a balance of £20. The bag marked "£19" found in my safe was the gold I drew of the £47 17s. 9d., less £1. I never purchased or administered arsenic in any shape or form, and I never advised, directed, or instructed the purchase or administration of arsenic in any shape or form; that I swear.

Cross-examined. Miss Barrow was not a woman you could be in love with; I deeply sympathised with her; she was nine years older than me. I advised her in her financial matters; she only placed herself under my protection as against Hook. She must have possessed her India stock when she came to us; it brought her in a trifle over £l a week. She was also drawing £120 a year from her leasehold property (this is not taking into account the compensation fund), the lease had about 18 £ years to run; I was under the impression that the sub-leaseholders, Truman, Hanbury, and Company, could give up the tenancy, but at the time the assignment was made to me Mr. Keeble advised me that that was not the fact. She had also over £200 in the Finsbury Savings Bank. I do not know how much she had in the cash box when she came to us; I never saw inside; she said she had £30 or £35 in it. I knew she had notes in October, but I do not know where she got them from. She had no other banking account to my knowledge. I did not know that she was deeply attached to Ernie; J learn; that they quarreled a lot; he was very useful to her and she fed and clothed him. She was satisfied that he had a good home with me after she died, because I often promised her what; I think the first time I promised her was when she returned from the funeral. All that she had left when she died was the £10 and her furniture and jewellery of the value of £10 14s. 6d., according to Mr. Gregory's inventory. Up to the time of the annuity she paid me 19s. a week, being the rent and 7s. for Maggie; she did not live as simply as ourselves; I cannot say if she lived well within her income; she had everything she fancied.

I knew my wife had one bank note from her, but she now tells me that she had 27, and I admit six; Miss Barrow apparently turned £165 into cash and I do not attempt to deny that she had that when in my house. The first time I heard that my wife had given a false name and address in cashing the notes was at the police court; I questioned her in the dock because it was a big surprise to me; she told me that Miss Barrow had always had the change and she explained if she went into a shop where she was not known to buy a small article she did not want everybody to know who she was; she only gave a false name and address where she was not known. She has not had time to give me much explanation. I do not know over what period she changed them. My company do an annuity business, but I never introduced any. I should get a commission if I did, but I do not know what it is. I never did any annuity business in my life before this. I agree it has turned out a profitable investment for me, but only from the monetary point of view. The leasehold property that I bought with the India stock brought me in £4 a week, whereas she only received £1 a week from the stock. I gave her an annuity certificate I drew up myself, signed and witnessed over a sixpenny stamp. The original is with the duplicate deed of the Buck's Head of which Miss Barrow had charge. As far as security to her was concerned, I bound myself by legal documents to pay her her annuity and I carried out my obligations. She was advised to have a solicitor, but she would' not have one. I gave her better value than the Post Office by over £460. It is true that I had no longer to pay her annuity after her death, but that only meant that I benefited to the extent of £1 8s. a week since I had to pay for Ernie's keep 15s. a week and I lost 7s. a week that she paid to Maggie for helping; these sums deducted from £2 8s. left £2 8s. and I was then in receipt of £14 14s. 3d. weekly. I believe I did try to effect the transfer of the stock to me at first without solicitors or stockbrokers; I drafted up a document which was destroyed because I intended putting the whole thing in the hands of Russell and Sons. Mr. Keeble advised me that a document of that description would be of no account. I had decided myself before then it would be insufficient; one thought led to another. My wife, her brother, Arthur Jones, and a Mr. Rodert witnessed the signatures, so the document was complete for what it was worth. I was not anxious at the inquest that the fact of this document being drawn up should not come out. I wished the assurance to be given to Jones that he was not in it at all, and that he should not be called. Nothing has been said about these documents (there were two) before because they are non-existent. It is true that I would be the only person except the children (to the extent of the furniture and jewellery) who would benefit by her death, but I had not given consideration to that. Miss Barrow was a very deep woman. If you spoke in her ear she would hear fairly well and she could see without glasses. Her bedroom had the ordinary basin, jug of water, water bottle, and glass. There was a gas light over the mantelpiece. During the whole time she was with us she would be occasionally a day or two in bed, but not bedfast. I might have

looked upon her as an indifferent life when negotiating the annuity; her average expectation of life was only 20 or 21 years, but I did not feel she would live for that time. Before she was ill I had never occasion to go into her room excepting I had occasion as the landlord to go and see about the repairs. She went where she liked. It is true from September 1 my wife attended her and looked after her food. When drawing up her will on September 11 I never gave a thought to what property she had; she was dealing with the children's property. She wanted me to look after everything; she had taken me into her confidence from the beginning and naturally she wanted me to attend to everything in the end. I was not in her complete confidence; she never told me anything about herself or her affairs. She never mentioned her money in connection with this will. I did not consider her on that day any different from any other day that she had been in bed; I did not know then what Dr. Sworn had said; I did not enquire. I had had no experience in drawing up wills and I do not think I had a form before me when drawing this one although I have seen printed forms of wills. I do not know that this is drawn up in legal form; it uses legal terms that I am acquainted with. I did it hurriedly and did no: consider what it included. I thought that I used the expression "all she died possessed of." When writing the letters of September 14 and September 21 I knew what she had died possessed of because I had gone through her trunk and I used the expression that she left what she died possessed of to Hilda and Ernest Grant," and I meant the Vonderahes to understand that that was the fact, including cash. I drew up the will on September 11 from my memory of what I had seen; you read about forms of wills in the encyclopedia and post-office books; I cannot say what book I referred to; in days gone by I think I have looked at an encyclopedia and I think I have got something like that in the office. This will was never intended to be acted upon and I did not give sufficient consideration to it. I did not know she was going to die at any time during her illness; I thought she had exaggerated her ailment. There is always a danger where there is illness. It is true the doctor had been coming every day and that I wanted her to go to the hospital. I suggested sending for a relative of hers named Cugnoni who had written to her. I do not know what has become of the £216 she drew; I did not offer to lock it up in my safe because I did not want the responsibility; I had minded some money of hers before but that was when Hook was in the house. I thought on September 14 I should find the £216 but as she said she knew what to do with it I had no idea what she had done with it; it was only a frail trunk she put it in and she had workmen doing repairs and a window cleaner and others going in and out of her rooms. I did not bother any more about it after that. I did not say anything about this money to either Mrs. Vonderahe or Mr. Vonderahe because I did not know what had become of it and I had no way of accounting for it and it never entered my mind at the time. All that her instructions amounted to was that she wanted the children to have their parents' property. I did not take into consideration what

effect. the will would have if she died; if I had I should have realised that the money she had taken out of the Savings Bank would have gone to her nearest relations. I did not consider the Vonderahes were entitled to the full details without they showed they were legal next of kin. I had only seen one person die before Miss Barrow died and her death was very sudden and shocked me. It is true that on no other night but this last one I had stood at the door. I knew that I was her executor and trustee, but I did not give consideration to that on that night. I knew also that she had three relatives, such as they were, close by. I did not think that in ordinary prudence I ought to have taken care to see that I had some relative there before I got the keys and looked in her cashbox; she had already told me what she thought of her relatives; it was not my business to call them. Mrs. Rutt, an independent person, was already in the room. I did not see any necessity to call in a doctor that night, because it was only a repetition of what had been going on. It is true she had never got out of bed in the way she did that night before, but I considered that was due to weakness. She had never said before, "I'm dying," to my knowledge. I understood that the doctor was coming the following morning; he had been coming every day. I did not ask Dr. Sworn to come to see her after she died; but it not for me to say what a doctor's duty is. I knew she was dead because my wife had tied a handkerchief round her head because her mouth dropped; I had been down to see to the baby, and when I came up she had stopped breathing, and I said, "Good God, she's dead," and went for a doctor immediately. I had never seen her other nights; I had only heard her calling. The reason I stayed up with my wife on this night and stood by the open door (only occasionally going down to see to baby or for a drink) was because my wife was remaining up, and my opinion was that Miss Barrow wanted her to sit with her, and that was the reason of these repeated calls; I did not think she was going to die. I think Dr. Paull is a ten minutes' walk away; there is also a doctor close to. It is true that Maggie, my father, my two sons, and the servant were in the house, but I did not send any of them round to the Vonderahes to tell them of the death, because when Miss Barrow had previously got Maggie to call there for letters she had the door slammed in her face, so I told her not to go any more; it was my intention to write to them informing them of her death. I would not send anyone of my family to go round to their house and be insulted. Miss Barrow herself said she did not want her relations called in. Nodes told me his son would bring me a receipt for £4 for the funeral and I entered in my accounts as executor and trustee that I had paid £4; I drew up an account of what I did with the £10 I found. I thought the commission of 12s. 6d. that Nodes gave me perfectly legitimate. The arrangement for a public grave was only a temporary one, subject to any alteration the relatives might like to make; I expected them to call and see me that night in answer to my letter. We waited a little time on the Saturday to see if they turned up. When I told Nodes that I had others to consult I meant my wife and father; I did not intend to go to the relatives' house. My house was just as near to them as mine was to theirs and

they could have come and seen me. They knew at the end of August she was ill; they told me at the interview they had met her and their boys were going to the same school as Ernie and could have learnt it from him; I cannot understand how they can say they had no knowledge that she was so ill.

(Monday, March 11.)

FREDERICK HENRY EDDON (prisoner, recalled, further cross-examined.) On the early morning of September 14 I was called upstairs for the fourth time by Ernie Grant, who cried out from the top of the stairs that "Chickie" was out of bed. I found the boy terrified and supporting her; she was sitting with his hands under her arms. She did not say, "I am going" in my hearing. I asked what she was doing out of bed; she did not answer. She was apparently very ill. I think she was exaggerating to have Mrs. Seddon with her as on former occasions. I heard she had got out of bed and gone into another room on a former occasion. After that incident I remained outside the door off and on, reading the paper, going down to the baby, or to have a drink; for one and a half or two hours she slept. I remained to keep my wife company; it was about 4 a.m.; I could not sleep. We had been up the best part of the night. I said to my wife, "If you are going to sit up with her I must arrange to-morrow for her to go to the hospital; we cannot have another night like this." She was sitting in a chair at the foot of the bed and Miss Barrow was sleeping peacefully. I did not expect the end; that was not my reason for remaining. I did not give her brandy. I did not know there was brandy in the house. She asked for brandy and I said, "You cannot get brandy at this time in the morning—everywhere is closed." My wife said, "There is a drop there in the bottle." The bottle was on the top of the commode, which was between the door and the bed; it was a bottle £hat would hold a noggin; there was a little drop and I gave her half of it. I could see the foot of the bed as I was standing at the door smoking and I heard Miss Barrow snoring. Plan produced shows the position of the bed and the chair was where I mark the plan. What Mr. Vonderahe says—that I told him that my wife was out, I had to go to her myself, asked her what she wanted and I gave her some brandy, and that I said I was retiring to rest and hoped she would not trouble us again, that the boy came down again, called out, and that I gave her some more brandy—is not true. There was a little brandy in the bottle and that was gone by next morning; I did not say it had gone in the morning. I said we had been up all night. We did not talk about it beyond that. He was dealing with her properties; he was not concerned with how she died. I think Mrs. Rutt had derived by that time. We opened the trunk; I got the keys from my "wife; I found the cash-box, which was locked; I opened it with a key on the bunch. I found in it £4 10s.; I was surprised, I did not know what she could have done with her money. She had workmen coming into the room and a window cleaner. I went right through the trunk, examined the chest of drawers, felt the Bed all over, and found nothing.

The handbag was hanging on the bed, I did not open that. I did not understand what had become of her money. She was such a peculiar woman when you mentioned the matter that I did not go into details with her; she had a funny temper. It certainly struck me as very remarkable. I had paid her £10 on September 2; of course, I do not know what had been spent during the 14 days she had been ill. My wife said she had been giving her money for what was required. I asked my wife where she had been keeping her money; she said she had it in her purse under her pillow. We found the purse there with 3d. in it in copper. Except that 3d. and the £4 10s. we found nothing else. I did not think somebody had stolen it; I do not think evil of people like that. I had nothing to support the idea that it had been stolen. She had received £165 for the 33 £5 notes changed into gold. I do not know what has become of that; I never thought of it being odd. Then in 1911 I had given her £10 for eight months for her annuity—nine times with September 2; £91 I paid her in gold. There was the 21 £5 notes dealt with by me and my wife in 1911, making £105; then £216 drawn out in gold on June 19, making altogether £402 up to the end of August, 1911. I thought she had deposited it, and expected to find the receipt; she might have placed it in the hands of relations. I had nothing to do with her property; I only dealt with the property 12 months before and the matter was settled. I never had her money, otherwise it would be in my banking account or invested. I have hidden nothing. I did not tell her relatives or Mr. Vonderahe because as I told him he had not showed me he was the legal next-of-kin; that is my only explanation for not saying anything to the relatives about the money being missed. It did not enter my head to go into the details. I do not know what information the relatives are possessed of. She may have told them all about her financial transactions; they said they were meeting her as late as the last week in August. I have been expecting all through this prosecution to see £he documents come out; I have thought all kind of things about it. I did not know the relatives had it. At the interview I did not give it a thought. The only money I thought about was the £216 she had drawn out of the Finsbury Savings Bank in June. I knew Mr. Vonderahe on October 9 wanted to know about her investments and her property. That £216 came into my house, but I did not know it remained in my house. When I looked in the trunk it was not there. How did I know what the woman had done with it? She went out every day and was out the best part of the day meeting her relatives and friends. How can I explain something I do not know? We can all be wise after an event. I made a further search in the bedroom about 12 o'clock. I found £2 10s. in the bag and £3 in one of the drawers underneath the paper lining. Mrs. Seddon said she had looked in the bag but had not examined the outside pocket. That night my wife, her sister, and I think her father, went to the theatre; I remained at home when the undertaker sent for the body. I heard hook say that when he came into my house she had £380 in gold and a large sum in notes. All the notes had been dealt with. I do not know whether they came out of the cash box. I cannot account for the disappearance

of the money. I have got a perfectly clear conscience on that. When Hook was leaving she asked me to take care of her cash box. I told Hook Miss Barrow had not put all her affairs into my hands; it is an invention of Hook's to say that I said she put all her affairs into my hands or her money; money was not mentioned. I said, "I am going in her interests as the landlord to look after her interests. You are not my tenants. I have told Miss Barrow to go and she does not want to go, and she says she has given you notice to go and you will not go, and she has asked me to give you notice to go." He said if he went he would take the boy with him. Hook's account is an invention. On the occasion when Hook was going Miss Barrow asked me to take care of her cash box, and said there was £35 in it. I know £165 in notes have been traced to my wife and myself. I say she told me there was £30 to £35 in the cash box; I say that after what we know about the notes. I was willing to take care of the cash box if she counted it out; in my presence so that I could give her a receipt for the amount and she could hold the key. I did not know the woman, she was a perfect stranger to me, I was not going to be let into a trap like taking possession of a box when I did not know how much it contained. She went upstairs with the box and said she would make sure how much there was in it. I do not know why she did not count it there and then; I could not enter into the woman's mind, I see no reason why she should not count it before me if I was to be trusted with it. She went upstairs and locked herself in her bedroom. I waited some time, and then went out; I had my business to attend to, and it appears that Hook had gone when I came in. On what has been called the office night, September 14, Taylor may be right in saying that the last collector left about 7 p.m. The money would be in the till and I should count it up. Taylor's statement that I had £200 and put it into four bags is absurd. The chink of money took place every Thursday. If Taylor had been watching me in the way he describes I should have told him to get on with his accounts. His statement is exaggerated. He might have heard the chink of money and glanced round. The money had not been put in the till in the cupboard. How could Taylor see with his back turned towards me? We were getting on late at night. Is it likely that I would bring money from the top of the house to the bottom which I had stolen at 9 o'clock that morning and count it in the presence of my assistants. I did say to Smith, "Here is your wages"; it was not the first time I had done that. I did not pick up four bags and put them in the safe. I had the sliding till on the drawer when the men were paying in their cash and I should count the money up—I took it out of the cupboard to count it. Both Smith and Taylor had been quite lately introduced into my office as assistants—Smith about a month or two. Taylor had been a superintendent and had been reduced and had been a month or so under me. I had £99 altogether in gold. The gold was in one bag to go to the bank; there were three bags of silver, very little copper; the silver was £15 17s. 6d. It was the company's money and my own. It is not feasible a man is going to do a thing like that. The prosecution are suggesting that I am dealing with the deceased woman's gold, and that

I should bring it down from the top of the house to the bottom and count it out in the presence of my assistants. I am not a degenerate. That would make it out that I was a greedy, inhuman monster, and that having stolen this woman's money I should bring it down and count it in the presence of my two assistants and flaunt it like that; the suggestion is scandalous. On September 15, over and above the company's money, I paid £35 into my own current account and £30 in gold to the Savings Bank. On September 18 I paid £90 in gold for the three building society shares. I had £70 in gold, which was the balance of £116 I had drawn out of the London and Westminster Bank. On September 15 I went to Wright the jeweller to ask him to enlarge the diamond ring so as to fit my middle finger. I had been wearing it on the little finger. I had two diamond rings and a kerb ring. I wore the two diamond rings on these two fingers; the ring Miss Barrow had given me I wore on my little finger during her life time. During the time she was with me I did not want to hurt her feelings by having it enlarged. In January, 1911, I showed her the solicitor's bill; I had paid on her behalf £4 13s. She said she had no money to spare and she brought me down this diamond ring instead of the money. I know the diamond ring was found in my safe; I had not worn it the day I was arrested. On the same day I took the watch to have a new dial and the name erased. I had seen my sister off by the train for Wolverhampton and at the request of my wife I called in to have the watch done. There was no hurry, except that I had arranged to spend our holidays at Southend-on-Sea and she wanted to wear her jewellery at the seaside: so, as I had taken the ring to be enlarged, she said, "You might as well get the dial done and the name erased"—the name was on the back plate of the watch. I had seen it when Miss Barrow gave it to my wife, on April 22, as a birthday present. I would not have that done while Miss Barrow was with us; I would not hurt her feelings like that; it was her mother's watch and my wife would not wear the watch because the dial was discoloured and cracked. I said it was worth a gold dial, but I would not have it done while Miss Barrow was with us; I should have had it done if she had removed into other lodgings. Mrs. Seddon had often asked me to get it done for her; she said she would not wear it until she had got it done. The bracelet produced was not included in the inventory because it was not Miss Barrow's property at her death; she had given it to my daughter as a birthday present; she gave her another at Christmas. Miss Barrow had the three watches (produced). The gold one had her mother's name on it and date 1860; she treasured it as her mother's, but never wore it; she never wore any jewellery. I do not know that those three articles were the most valuable pieces of jewellery she possessed—the diamond ring, the gold watch belonging to her mother, and the gold chain and pendant. The inventory of her total effects, furniture, jewellery, and clothing, is valued at £16 14s. 6d.; that is not my valuation; that does not represent what the things would cost. On September 21 I wrote letter: "To the relatives of the late Miss Eliza Mary Barrow. I

hereby certify that Miss Barrow has left all she died possessed of to Hilda and Ernest Grant and appointed me as sole executor to hold in trust until they become of age. Her property and investments she disposed of through solicitors and Stock Exchange brokers about October and December, 1910, last, to purchase a life annuity, which she received monthly up to the time of her death, and the annuity died with her. She stated in writing that she did not wish any of her relatives to receive any benefit on her death and during her last illness declined to have any relatives called in to see her, stating they had treated her badly and had not considered her and she would not consider them. She has simply left furniture, jewellery, clothing." That does not suggest that I had anything to do with the purchase of the annuity; it does conceal the facts, but not intentionally; it is a pure accident. I was informing them what she had done with her property—that she had purchased an annuity; that is what I had in my mind. I have never been executor under a will before. It was not deliberately written to conceal the truth; I could not stop anybody from making inquiries; it was a true, honest statement at the time to my mind; I gave them what I considered necessary information—not full information. I gave the letter to Mrs. Vonderahe to give to her husband as information to the relatives. I do not know whether, if they had not suspected me, there would have been an end of it. On October 9 I said to Mr. Vonderahe, "I have given you information, I will give you a copy of the will, and I have explained to you what she did with her investments. If there are any further details that you require if you show me you are the legal next-of-kin to Eliza Mary Barrow I will go into further details with you." I did not know that e had an elder brother. Miss Barrow told me there was a brother; I understood he was the black sheep of the family. I said, "You can get the certificate of death or you can go if you like, to a Commissioner of oaths and swear that you are the next-of-kin." These were business transactions that had taken place 14 months before. I did not consider my past business transactions with Miss Barrow had anything to do with it; they had been closed. I agree that letter is not a frank statement. By referring to solicitors and stock brokers I meant that it was done in order. I did not tell Vonderahe on November 9 I had anything to do with the annuity; the question was not asked. He asked me who was the landlord of the "Buck's Head" and the barber's shop; I told him I was. He had a friend with him whom the prosecution nave not called. I did not say I had bought the property in the open market; I said, "You can write to the Governor of the Bank of England. Everything has been done in perfect order and I am prepared to stand by it." I did not say I had nothing to do with it; I did not explain things to him because I did not like the man's behaviour for one thing, and the way he put it to me, and the way they spoke about Miss Barrow did not show that they were kindly disposed people, and the way they slammed the door in my daughter's lace. My letter, of which you have a copy, announcing the funeral was posted about 5 p.m. to Evershot Road. Evershot Road is practically the next street to me. I would not send one of my family

round there after the way they had treated us. I looked upon it as the more businesslike way to drop them a line, and they could come to the funeral or stop away as they liked. I did not expect them to come. I did not know whether they would come or not. I thought they would have come round if they intended to attend the funeral. On the day of my arrest I was walking in Tollington Park towards my home, when two gentlemen I saw talking together came up behind me, one getting hold of each wrist. They said, "We are police officers—we arrest you." I said, "What for?" They said Chief Detective-inspector Ward will be here in a moment—he will tell you. Just then Ward came up. He said, "Come round the corner, I will let you know why you are arrested. I said, "I am only three doors from my home—cannot you take me home and let my wife and family know that I am arrested." He said, "Oh, you need not worry about that; you will see your wife down at the station." I said, Are you going to arrest her too?" He said, "Yes." By that time we were round in Fonthill Road. Ward said, "You are arrested for the murder of Eliza Mary Barrow by poison—by arsenic." I do not dispute the rest of his account. At the station I said, "Are you going for her now." He said, "I am not going to tell you what I am going to do." I said, "I am concerned to know because I want a woman got in to look after my home." I said, "Have they found arsenic in her body?" He said, Yes." I knew that a post-mortem had been taken. I said, "It was not carbolic acid was it, and Sanitas is not poison." This document, headed "£10 cash found at Miss Barrow's death," is in my handwriting, and purports to account for what I have done with the money; the items include the cost of a suit and pants for Ernie, and a holiday for him at Southend; I made it up for Mr. Saint, I think at the time of the inquest. I agree that my statement accounting for the money I paid out on September 15 depends upon my statement that I had £220 in gold; I have no document to show that, but I think there is ample evidence. The wardrobe business was carried on from February, 1909, till the beginning of 1910. I do not think I told Naylor and Smith how much gold there was in the bag. I told Naylor that if he came across any wardrobe stocks Mrs. Seddon was prepared to purchase to any amount for cash, and I showed him that we had plenty of ready cash on hand for the purpose; it was not as much as £200; I may have said there was "A couple of hundred" then jocularly, but it would not be true; I do not know the exact amount I had at that date. I placed the £30 I received for the business on deposit to carry interest at the Post Office Savings Bank. I did not put all the money I had in the bank to carry interest because I wanted to keep it in hand to pay off the mortgage when desired; Mr. Wainwright had also suggested to me the possibility of some bargains coming along as property was cheap at the time. If I had banked my money, if anything happened to me my wife would not have the same facility for dealing with the money; she would have to wait for probate. I had made a will a long time before which I tore up when she went away. I was paying 5 per cent, for the mortgage, which was to run for 15 or 20 years. My wife and I parted in

January, 1910, for four or five weeks. I used to keep the books in the wardrobe business and label the stocks in lot numbers for her, and I had differences with her regarding the lot numbers getting off the stock so that I could not recognise what had been paid for; this caused a quarrel, and I was going to throw the books behind the fire; as a matter of fact I did mutilate them. These (produced) are the books that were kept. They would not show a summary of the stock sold. From April, 1909, to May, 1909, stock that had cost £43 odd sold for £85 odd, showing £42 odd profit in eight weeks. There is nothing to show how much money there was in the business when it was sold. I dealt with £155 in gold on September 15 because I was going away for my holiday, and it was not safe to leave all the money, in the house. The receipts I gave Miss Barrow were torn from a book and I believe the counterfoils are still in existence; I cannot remember if I filled them up. These two books (produced) are not the ones. I had four of these in the house when I was arrested. On the night of my arrest I was consulted by Mr. Saint about my daughter Maggie going to get flypapers on December 6. I knew these Mather's flypapers were poisonous to insects but not to children. I saw them in her room the night the will was signed and the night she died. I had never seen them in the house before; we had used the sticky ones. How the arsenic came to be in Miss Barrow's stomach and intestines is a Chinese puzzle to me.

Re-examined. My wife told me that she had purchased flypapers to satisfy Miss Barrow as she complained of the heat and the flies in her room and that Miss Barrow had said she did not want the sticky ones, because they were dirty, but the ones you put water on. I have no recollection of seeing them in my house before September 11. Nothing that I know of that—I or my wife did can account for the arsenic being found in her body. I had full possession of her property four months before I began paying her an annuity upon it. According to the will I drew up the legal next-of-kin would have all the property that was not contained in it; a man named Barrow in Bristol is claiming now to be the next-of-kin. She thoroughly understood the will and the calling in of a solicitor would not have made any difference. If I had known she was going to die I would have called in a solicitor for my own protection; the will was not to benefit me. On the night that she died she first of all fell asleep and then afterwards began to snore. The reason why I stood at the door was because the smell in the room was very, very bad. There are two important documents missing in this case, the duplicate of the deed of assignment which Miss Barrow had and the typewritten annuity certificate relating to the stocks which I gave her and which was attached to it. There was no idea of any concealment when I went to Mr. Wright with the ring and the watch as he had known me some time and he knew my address. Miss Barrow said they did not belong to the Grants. Mr. Vonderahe seemed very sarcastic when he called. (The witness, at the request of the Attorney-General, identified a letter (Exhibit 12) dated January 24, 1911, from deceased to Russell and

Sons requesting them to hand the duplicate deed he referred to to him; it bore his receipt for same. He stated that he was almost certain that the deceased had written him acknowledging the receipt of the deed from him.) I am willing that my wife should be called on my behalf. (Mr. Marshall Hall explained that he put this question in consequence of the recent decision in the House of Lords, R v. Leach, 7 Cr. App. R., p. 157, making it necessary for this consent to be given, land that he would call Mrs. Seddon on behalf of his client.) FRANK EDWARD WHITING, Auctioneer, 30, Bedford Row, produced and proved a plan of deceased's room.

ALBERT SIDNEY WAINWRIGHT , Auctioneer, 279, Seven Sisters Road. I have known the male prisoner some few years. At the end of August, 1909, I submitted the leasehold property, 63, Tollington Park, to him and eventually he offered £320, which the vendors accepted on September 3, 1909. In the evening of that day I called on him at 200, Seven Sisters Road and filled in a form of contract which we discussed. I wanted £30 deposit but he would only pay £15 because there was a forfeiture clause in it. I could not get over this and agreed to take it. He brought out a bag of gold which he emptied on his desk; I cannot say where he got it from. He counted out £15 but I said, "If you don't mind, give me a cheque. I am going out to-night and I do not want gold with me." He said it would make no difference to him. He put the gold back into the bag and we had a chat. The repairs were going to cost him £50. He tapped the bag and said, "With this money and with other money that I am possessed of I can pay for this house." I said, "If that is the case I should not put all your eggs into one basket. Why not buy two or three small houses and pay a small amount in each, get mortgages and the houses will pay for themselves." He fell in with that idea and from time to time I gave him particulars of houses; he made an offer for one but it was not accepted. It was my suggestion that he should get a mortgage on this property, and I persuaded him to carry it through. I had instructions to let it but I could not get a tenant and he lived in it himself. I looked upon him as a man of substance.

Cross-examined. I knew afterwards he held Cardiff stock, but I cannot say how much it was.

THOMAS CREEK , carman, 11, Greenwood Place, Kentish Town. I have known Hook some years. On July 26, 1910, at his request, I moved some articles belonging to Miss Barrow from 31, Evershot Road to 63, Tollington Park; I think it was between 12 and 3. Hook helped me to load and unload. He carried nothing in his hand. I cannot remember anything left behind that he went back for. We stopped and had a drink on the way while Miss Barrow and the boy stood by the van. After we had done unloading I left him putting down the oilcloth. I was paid 4s.

Cross-examined. I got my living doing these jobs. There was nothing special about this one. It was a fortnight ago when Mr. Saint came to me about this. My memory serves me well for this time. It would be unusual if we did not have a drink.

Re-examined. Hook has only engaged me once to do this removal from Evershot Road to Tollington Park.

MARGARET ANN SEDDON . I am 34 years old and have been married to male prisoner 18 years; I have five children, my youngest being born on January 3, 1911. In 1909 we lived at 200, Seven Sisters Road, where I carried on a wardrobe business under the name of "Madame Rowen"; my husband found the money to start it, partly from the bank and partly from the Cardiff stock, and used to keep the takings on hand; he put them in the secretaire; later he bought a safe. We did a splendid business. Books were kept but they were mutilated. About February, 1910, we moved to 63, Tollington Park. We let the top part off, and my husband used the basement as an office, in which he had another safe; the first safe being in our bedroom. We advertised for a tenant for the upper floor and in July, 1910, deceased called with Ernie; she did not decide to take them; she said she had a friend. She called with Mrs. Hook and decided to take the rooms and paid a week's deposit. She came to live there with the Hooks and Ernie. On a Saturday night I think they must have all had a little drop to drink and they started quarrelling. On the Sunday the Hooks took Ernie out, leaving her ill in bed unattended to. On their return they continued quarrelling and my husband wrote a note and pinned it on the Hooks' door; Miss Barrow had complained to us about their conduct. A day or two before the Hooks left Miss Barrow brought her cash-box down to my husband, saying that there was between £30 and £35 in it; she said she could not trust the Hooks. He would not have it unless she counted it out and she took it upstairs, we thought to count it; she never brought it downstairs again. After the Hooks left my daughter looked after her up to the time she was ill; Miss Barrow gave her 1s. a day. She was always crying; she told me it was about the Compensation Fund increase on her public-house, and she asked me would I tell Mr. Seddon that she wanted to see him. Later he saw her; I do not remember whether I was present or not. He told me something about these properties, but I do not understand financial affairs. I witnessed an annuity certificate and the will later. Miss Barrow used to pay 12s. a week, which was entered up by my husband in her rent book every week; but after the annuity certificate he wrote in it, "Rent free, as arranged." When the transaction was finished she brought this diamond ring (produced) into my bedroom, where I was confined, and made a present of it to my husband, and he during her life wore it on his little finger. On my 31st birthday she gave me a gold watch and chain with three charms (Exhibits 21 and 122). She gave my daughter Maggie a gold necklet and a locket (Exhibit 123) on her birthday. In March last year, when my husband was out, she gave me this letter about her relations; I gave it to him when he came in. On one occasion she had tried to cash a bank note and someone would not cash it for her and she asked me to do so. I took it to the Post Office and they asked me my name and address. I thought it was rather funny as I had never cashed a note before in my life, so I gave the first name and address that came into my head; this was about a month or so after she first came to the house. I gave the name of

"M. Scott, 18, Evershot Road," or "12, Evershot Road"; I am not sure which. Afterwards she asked me to cash several notes for her and had no difficulty in doing so; I would change the note in shopping, make up the difference, and give her the £5 in gold and silver. At shops where I was known I gave my right name and address because hey already knew it, but at shops where I was not known I gave this wrong name and address. On one occasion she asked my husband to let me go to her bank with her and I went. She was paid in two bags containing £100 in each and £16 loose gold and, I think, some coppers; she emptied it out on the counter, but the cashier said it was not necessary to count it as it was just as it had come from the bank. I never handled the money. When she came in my husband said something about putting it away, as he did not like to have it in the house all in gold, and she said she knew what to do with it; she did not speak to him for a week after that. Up to the time of her illness she went out every day, taking the boy to school and bringing back her dinner. She used to tell me she met a woman, but I cannot say who it was. She told me her relations were not kind to her. She could hear my or Ernie's voice quite plainly. On the morning of September 1, when I came down, she was sitting in my kitchen. She complained of being bilious and I advised her to go upstairs and have a lay down. I helped her upstairs and she laid down on the bed. I gave her a cup of tea and she was sick. I had seen her with these sick bilious attacks on and off every month. The next day she had sickness and diarrhoea after dinner. In the morning she said she would sign for her annuity, and my husband went up to her and gave her some money, and she, in my presence, signed two receipts. I thought it best to send for Dr Paull, to whom I had previously taken her, and I did so, but he could not come. I sent for him a second time and then he said we were to get the nearest doctor. My daughter telephoned for Dr. Sworn, our family doctor. He came and told me that she was to have no solid food. He sent some thick chalky medicine, but she would not take it. He called again on the 3rd, gave her a dose himself, and said she would have to take it. About two or three days later when she would not take the "phizzy" medicine that he had sent her he said she would have to go to the hospital and I asked her in his presence why she would not do so; she said she would not, and also refused to have a nurse. Soon after the commencement of her illness she went into the boy's bedroom. I remonstrated with her and said that the doctor would blame me if anything happened to her She complained of the flies and the heat in her room; we had to fan her to keep the flies away. She asked me to get her some flypapers; she did not want the sticky ones but those that you wet; I got her some; this was either the 4th or 5th. I purchased them at Meacher's a chemist just round the corner; an old gentleman served me. I think I also ordered a 9s. 6d. bottle of Horlick's malted milk, but he said he had not got it in but would send it round. I also bought a pennyworth of white precipitate powder for her to wash her head with; I have also seen her clean her teeth with it. I never signed a book for these flypapers; I had never seen them before. I asked for two first and I

put down twopence. He said, "Why not have four? You can have four for 3d." and I took the four; they were wrapped up in white paper. I showed them to Miss Barrow and she said they were the ones she wanted. I put them on a plate and damped them and then I put them on four saucers, two of which I put on her mantlepiece and two on her chest of drawers in between her mirrors; I put water in the saucers. Up to the time she took ill Maggie did her cooking, but after that I did what there was to do; the only food I prepared upstairs was the Valentine's meat juice, which did not require any boiling. Before she was ill all her cooking was done upstairs in her kitchen except once or twice when she asked me to cook her a pudding or some fish. Before and during her illness Mary always made her a cup of tea in the morning which Maggie, I think, used to take up to her. At first I used to get a glass of milk when the milkman came and give it to her, and then at about seven she used to take the cup of tea. This went on until four days before she died, when the doctor said she was not to have any more tea because she never kept it in her stomach. During her illness I always waited on her except when I happened to be out of the road, when Maggie or anyone who was knocking about would. The only time that my husband ever gave her her medicine was when I told him that she would not take this "phizzy" medicine while it was "phizzy." On the Sunday or the Monday I told him that she wanted to see him about making a will. He did not go up at once, but I think on the Monday afternoon he. went up and in my presence she told him that she wanted the furniture and jewellery which had belonged to Hilda and "Ernie's father and mother to go to them and she did not want Hook and her relations to have it. He suggested her having a solicitor, but she did not want the expense of that and asked him if he could not do it himself. I think he went into the office after that. The next thing I remember is my husband calling me and my father-in-law between 6 and 7 after we had all had dinner (my sister-in-law was stopping with us at the time) to come up and witness tins will for her. We went up and propped her up with pillows and got her to sign it. I and my father-in-law signed it. my husband read it to her and then she asked for her glasses to read It herself, which she did. She then signed it. My sister-in-law had arrived that day, Monday, September 11; her husband had written to my husband to ask if she could come for a few days and he had replied that we had an old lady ill in the house but if she liked to come and take "pot luck" she could. On the 12th the doctor came again; I was always there when he came. On September 12, I think it was, I knocked off one of the saucers from the mantlepiece. I went down and got a soup plate and put the flypaper from the broken saucer and the three others into the plate, which I put on a little table between he two windows; I had to put fresh water into the plate as well, as there was not enough. The plate remained there till the morning she died.

(Tuesday, March 12.)

MARGARET ANN SEDDON (prisoner, recalled. Further examined).

Dr. Sworn called on the morning of September 13. At about 12 at night, while standing at the gate with my sister-in-law, waiting for my husband who had gone to the theatre, Miss Barrow called out, "I'm dying." I asked my sister-in-law to come upstairs. She did not like to at first but she followed me up afterwards. I asked Miss Barrow what was the matter with her and she said she had violent pains in her stomach and that her feet felt cold. I asked my sister-in-law what I should do, as I had no hot water bottles in the house, and she replied, "Wrap a flannel petticoat round her feet," which I did. Then I put hot flannels on her stomach as I had done before and tried to make her as comfortable as I could. I went downstairs again. When my husband came home at 12.30 I told him what had happened. He did not go up immediately but began telling my sister-in-law about a dispute he had had at the theatre. I think Ernie came down before we went up. She and my husband went up and I followed. He introduced his sister to her; but she just looked at her and she went downstairs again, I think. I attended to what she wanted; I do not know whether my husband gave her a drop of brandy then or not, but he told her that she must go to sleep or that I would be knocked up. She said she could not help it. He then left the room. I followed shortly afterwards. We went to bed, and we were not there long before the boy came downstairs again and said, "'Chickie' wants you." I went up and put more hot flannels and attended to her what she wanted to do; she was suffering from diarrhoea. I did not think she was dying. I have never seen anyone dying. I went to bed again, but was almost immediately called by the boy again; he knocked at the door. I went up to her and attended her in the same way. That night she was not properly sick, but nasty froth came up and she retched. She also had the diarrhoea bad. I went to bed again and then the boy called out that she was out of bed. My husband told me to stop in bed and he would go up. I said it was no good his going up because I thought she wanted me for the same thing as before. He would go up, so I followed him. She was in a sitting position on the floor and the boy was holding her up. We lifted her into bed again; this must have been between 3 and 4 a.m. I again put hot flannels on her and made her comfortable. She did not complain of anything in particular; she always used to complain. She asked me to stay with her but my husband said, "If Mrs. Seddon sits up with you all night she will be knocked up. You must remember she has got a young baby and wants her rest." Ernie was then in her bed. He was in and out of her bed all the time. Every time we went up my husband told him to go to his bed. I sat in a basket chair at the foot of the bed, and my husband stood by the bedroom smoking and reading. When he suggested my going to bed I said it was no good, as she would only call me up again. Then she seemed to be sleeping peacefully for some time. I was dozing, sleeping tired. After a while she seemed to be snoring. It was getting on towards daylight then. Then my husband called my attention to the fact that her snoring and breathing had stopped. He lifted her eyelid and said, "Good God, she's dead." With that he hurried out and

went for Dr. Sworn; this would be between 6 and 6.30. I locked the door, so that the boy should not get in, and came down with him. I went into the kitchen and told Mary that I thought Miss Barrow had passed away. I had a cup of tea and then woke my daughter and the boys and told them. One of them went for Mrs. Butt. She came at about the same time as my husband returned. We three went upstairs and Mrs. Rutt and I attended to the body; my husband assisted in getting the feather bed from under her. He asked me if I knew where she kept her keys, and I said I did not and started looking for them, and found them hidden under the paper in one of the drawers in the chest of drawers. I gave them to him. He opened the trunk with one of them and lifted the tray up. Underneath he found the cashbox, which he opened with another one of the keys, and found £4 10s. in gold in a little brown paper bag. I do not know what he did with the cashbox after this as we were still attending to the body. He searched the trunk and found two silver watches and chains and some other articles, but no more money. Later on I was emptying the clothes out of her drawers and in the drawer in which I had found the keys I found three sovereigns wrapped up in paper in the fold of the paper. In the pocket of the handbag hanging at the foot of the bed I also found £2 10s. wrapped in tissue paper. That morning we sent the children to Southend. That morning Nodes came and advised that the body should be removed. I said, "What a shame, when she died in the house," but he said, "Remember, you have a young baby in the house and your health is not very good," and with the bad smell in the house it was better for it to go to his shop. On the next day I went with my sister-in-law and ordered a wreath. I went with her and my father-in-law subsequently to the undertakers, taking the wreath. I put it on her body and kissed her. I, my husband, and my father-in-law went to the funeral the next day. From the moment she died the blinds were drawn down. My sister-in-law pulled them up and I said, 'What a shame. Let us show a little respect by keeping the blinds down until after she is buried," and I pulled them down. The windows were left open until we returned from the funeral. On the afternoon of the day she died I was resting, when my husband came upstairs and said he was tired. I asked him why he did not have a rest and he said he had to write a letter to the Vonderahes. He left me and I do not know what happened after that. On September 21 the two Mrs. Vonderahes called. My husband asked them if they had received the letter and Mrs. Vonderahes seemed a little excited and said, "No; what letter do you mean?" He took from his pocket a copy that he had kept and gave it to her. She read it. Then I think, they went on talking about Miss Barrow and about her being buried in a public grave when she had a family one. He said if they liked they could have the body reburied in her own grave. She said the public grave; was quite good enough for her, as she had been a bad wicked woman all her life and she went on to describe how they had fallen out. He said that she was only a woman who wanted a little humouring and that we had got on all right with her. Then I think they asked what would happen to the boy, and he said

that he had got a good home with us unless any of his relations could give him a better one; we had no claim on him. They wanted to know about the public-house and the stock, and I think he said that she had bought an annuity with that. One of them said it would have to be a clever person to get over her with her business transactions. They asked him if he would see the two Mr. Vonderahes the next evening or the same evening (I am not certain which), and he said he would see them on his return from his holiday. We went to Southend, where we stopped nearly a fortnight. On our return Ernie was sent round to say that we were at home, and on October 9 Mr. Frank Vonderahe called with a friend. I was present. I cannot say word for word what was said, but I think my husband said he would not go into details unless he could prove he was next-of-kin. I do not remember anything more as I was not sufficiently interested in the conversation. I have never administered arsenic or caused it to be administered to Miss Barrow in any shape or form.

Cross-examined. I ordered the things for the house and my husband paid the bills at the end of the week. Maggie did errands for me and took the baby out. I always got on well with Miss Barrow. I started taking her to Dr. Paull in November, 1910. I only saw her cash box when she brought it down to my husband and on the day she died. I cannot say where the notes that I cashed for her came from; she used to bring them down to me in the dining-room. I very seldom went out with her. The only time I told my husband that I was cashing notes for her was when I cashed the first one at the Post Office; he asked me why did not I ask him. to do so. I did not tell him I had given a false name and address. I was not troubled in any way about it. It never struck me as an ordinary thing that I should write a different name and address as I had never changed a note before. I never had a note in the wardrobe business. I did not know anybody of the name of "Scott" at 18, Evershot Road; I had never been there. I never thought there was any harm in it. I did not give my own name because the note did not belong to me, and I did not sign hers as I had no right to. "Scott" was the first name that came into my head. I think it is right that I gave a false name at three shops; I never thought about giving the false name in the intervals. I did not tell my husband about it because he never used to take any notice when I said anything to him; he always had other things to think of. I agree that if I wanted to conceal that I was passing these notes it would be useful to give a false name and address. When giving the address "12, Evershot Road" instead of "18," I had no wrong intention; it was meant to be "18." She never liked having notes; she always wanted gold. I know that at the same time my husband was getting notes from her for rent; but I only heard that for the first time yesterday. I do not deny the dates on which I cashed the notes. I suppose by April, 1911, I had got pretty used to cashing them. Having once given a false name and address I had to keep to it. It is true that on April 8, 1911, I cashed a note at Rackstraw's for the first time and gave a false name, but I did so because I was not known there. I never enquired whether there was such a person as "Scott"

of Evershot Road. I was not anxious about all this gold coming into the house; I was not her keeper and her affairs did not concern me. I am not responsible for what my husband thought about the £216 gold. It never occurred 10 me to tell him that I was giving her all this other gold. I suppose with her annuity, the £216, and the gold I changed for her there should have been more money after her death than we actually found. I was never in the habit of using flypapers in the house and I am positive I never bought a flypaper of any sort or kind in my life until I bought these for Miss Barrow; they were the first I had ever seen in my house. I cannot say Meacher's number in Stroud Green Road, but his shop is just round the corner. I have bought several things there. I did not renew these four flypapers. I never sent Maggie for flypapers and she never went and never was sent for them to my knowledge. She went on December 6 for Mr. Saint. I never read the directions on them; the man told me to put water on them. The reason why I put all these four flypapers into one soup-plate was that I did not want to be bothered with having the four. I had been repeatedly moistening them because they dried up in consequence of the heat of the room. When I put them into the soup-plate there was not much water on them and I put more. I put them into the soup-plate for convenience; the flies were nearly all gone. I have never seen Thorley's shop and I do not know Meacher's second shop in Stroud Green Road. About once a month Miss Barrow used to have a proper sick bilious attack. I was in constant attendance on her from September 2 to September 13, and I was called up once or twice in the middle of the night. On the morning of the 13th she seemed rather weaker with the diarrhoea but she was not so sick; that is what I told the doctor. She had pains in her stomach; that had been going on on and off during the whole time. When the doctor left I did not think there was any fear of her dying within 24 hours. I did not notice whether she got worse after the doctor left. I was not with her all day long; about 10 p.m. I gave her her medicine and I did not see her again till 12 o'clock. Before my husband came home I had been up on and off putting hot flannels on her; she had been complaining a good deal, but there was nothing unusual about that. After 12, it is true, she was worse than she had been before; the doctor found her about the same that morning, not "rather worse"; I do not remember that he told me she was rather worse. She had had worse attacks than that and what he told me did not alarm me. He said she was in a weak condition. I had never heard her scream, "I'm dying" before. When I went up she was just the same as she usually was. It is true that I smiled when I told my husband about it but I cannot help it; it is my way; no matter how serious anything was I think I would smile. He knows my ways. It was not a few minutes after he came in that Ernie called and we went up. There was a doctor quite close. The brandy that my husband left in the bottle was gone by the morning; she must have drank it at the time she was out of bed. My husband sent Ernie to his bed for the last time at between three and four in the morning; I see

that I said before the Coroner that he did not sleep in her bed after two, but that was a mistake. When I found her sitting on the floor she wanted to use the commode and I helped her. The last time we went up my husband would not leave me in the room alone so he stood by the open door smoking. There was nothing alarming about her snoring; she seemed to be snoring from her throat. I was very shocked when I found she was dead; I could not believe it. There was nothing to alarm me before she stopped breathing; it was the first sick room I had ever been in in my life. I never gave the doctor a thought, because I knew Dr. Sworn would come next morning and I never expected she was dying. My husband said, "Good God, she's dead!" and then hurried off for Dr. Sworn, and I expected Dr. Sworn to come back with him, I suppose, to see if she was dead. I cannot remember whether it was before he went or after he came back that I put my handkerchief round her head; I do not think it could have been before. I saw my husband find the money in the cashbox, as he put the box on the side of the bed by the body. So far as I knew, up to the afternoon that was all the money that had been found. I knew that she had had £10 on September 2, which my husband gave her, and she could not have spent it as she had not gone out since then; she had only given me 2s. 10d. to buy meat juice. She only had two bottles of that; she commenced taking it several days before she died; I gave it her in cold water once a day in the afternoon. I only used the stove in her kitchen to heat the flannels, not to boil water. It was a great surprise to me when we only found £4 10s. in the cashbox; I thought there was certainly more; as far as I knew the £216 would still be there and part of the gold I had given her in exchange for the notes and the monthly payments of £10. I never said to my husband that I was surprised. He said it was funny what had become of it. I did not then tell him that I had been giving her gold for notes because I did not think it was necessary. The bunch of keys (produced) is the one I found. I do not think I explained to my husband that I had driven a false name and address, because I did not want everybody to know my business—not exactly in that way; I do not remember what I did tell him. It is true that on the night of the 14th I went to the music hall, returning at 12 o'clock; I knew that the body was going to be removed that night. The reason why I took the watch to the jeweller to have the name taken out of the back plate was that I would not wear it with the name in; and I have never worn it yet. Anybody could see the name if they opened it; a good many people open your watch. When I said that I never had any flypapers in my house of any kind before these four I made a mistake; there have been sticky papers. I called this to mind after I went away. (Witness referred to the adjournment in the middle of the day.) I got mixed up in my answers before. My attention was not called to the fact that my husband had said that I had used sticky ones in the house. I do not remember what he said in court. I had not used them very often. I do not think I used them during her illness. I do not think we used them at 63, Tollington Park. When I went to Meacher's I asked for "the flypapers that you wet"; I had never seen

them before. I cannot say whether Mr. Saint has been to Meacher's and tried to get a statement from him. I told him about it and that I had bought white precipitate powder there; this would be about the ime that Maggie went to Price's. I knew she was going to Price's for flypapers. I do not recognise Mr. Saint's signature on this document (produced). That is the gentleman who served me. (This of Mr. Meacher who had been brought into court.) Maggie has bought baby food at his shop. I do not think I changed any notes for Miss Barrow after September 1. If I did it was with my own money; the last occasion I changed a note for her it was out of my own money that I had in hand. I did not pay the note into my bank. The entry of £5 gold on September 18 in my bank book is the change from the note given me by Kregg's.

Re-examined. I do not know in the least what Miss Barrow did with the money I gave her in change for the notes. I did not know until the Police Court hearing that it was suggested that Maggie had bought flypapers on August 26. I cannot say how long I was in the chair before the final end came as I was dozing. Before she took to bed she complained of asthma and she was troubled with bronchitis on and off. This was an ordinary morning. I gave her the meat juice in a cup—two or three teaspoonfuls and nearly full of water; it was a sort of brown colour. The trunk was underneath the window. I do not know what Miss Barrow did when she went out. The reason why I went to the Music Hall on the 14th was that my eldest son bought four seats at the Empire; I said I felt tired and would rather stay at home, but my husband thought it would do me good and advised me to go. (To the jury.) I paid a penny for the white precipitate powder. If I wanted money my husband would give it me.

(Tuesday, March 12.)

JOHN ARTHUR FRANCIS , M. R. C. S., 108, Fortess Road, Tufnell Park. From October, 1904, to February, 1910, I attended Miss Barrow, first when she was living with the Grants at 52, Lady Somerset Road, and afterwards at Woodsome Road and at Evershot Road. I attended her for a few months for gastro-enteritis, brought about by alcohol; at other times I attended her for bronchitis. I have here extracts from my ledger showing the dates upon which I attended her. I have not the book, but can produce it. She was a business-like woman and seemed to have her wits about her.

ERNEST BURDON , clerk to Frere Cholmeley and Co., Solicitors, Lincoln's Inn Fields. I produce a number of letters that passed between my firm and Miss Barrow in connection with the Compensation charges on the "Buck's Head" in 1910. In October, 1910, instead of her sending us a money-order for the ground rent, as she had previously done, we received from her a cheque for £9 8s. 4d. upon Seddon's account at the London and Provincial Bank. After that we had notice of an assignment and received payments direct from Seddon.

MARY CHATER , recalled. It is not the fact that every morning I took a cup of tea up to Miss Barrow; I do not know that Maggie Seddon took tea up to her.

MARGARET SEDDON . I am 16 years of age. Every morning I used to take a cup of tea to Miss Barrow; Chater used to bring it up to my bedroom, and I would take it to Miss Barrow. On December 6, after father had been arrested, mother sent me to buy some flypapers. I do not know Thorley but I know his daughter. On two occasions I went to the side door of his shop to see the daughter, and Mr. Thorley opened the door. I have never been there to buy flypapers. I have never at any time bought there or anywhere else any flypapers similar to Exhibit 26. On December 6 I went to Mr. Price's shop; I went with two of Mr. Saint's daughters.

Cross-examined. I sometimes took the baby out in a perambulator. know a shop called Wilson's; I am sure I did not purchase anything there on August 26. I have been into the shop. I remember buying there a pair of shoes and a little writing case; I do not remember the date. Wilson's is about five minutes' walk from Thorley's. I have seen flypapers like this in Miss Barrow's room during her illness in September; I was in there every day. I have never been in Thorley's shop. (Counsel put it to witness that she asked Thorley for four packets of flypapers; that he said, "Do you want the sticky ones"; that she said, "No, the arsenic ones"; that he told her he could not let her have four packets because he had not got them in the shop; witness repeated that she had never been in the shop and had never had a conversation with' Thorley.) Inspector Ward did ask me whether I had ever been to the shop at the corner of Tollington Park and Stroud Green Road to purchase Mather's flypapers; that is Price's shop. I told Ward that I had been there to try and get some flypapers, but that Price would not give them to me When I mentioned my name, owing to the trouble we had already got. I said that I could not say whether my mother or my father had asked me to go for the flypapers. I knew why I was being asked these questions by Inspector Ward; when he questioned me on December 6 I did not know that he had traced my visit to Price's shop. It was Mr. Saint who sent me to Price's shop on December 6; I did not know the purpose for which he sent me.

ALICE RUTT . I was employed by Mrs. Seddon to come in for two days a week, to help in the housework and do washing. I remember going to the house on the morning of Miss Barrow's death, about 7.30. Seddon was then not there. On the way from the kitchen to Miss Barrow's room I saw Seddon and Mrs. Seddon. We went up together, and Mrs. Seddon and I washed the body and laid it out. After this I saw Seddon open Miss Barrow's trunk and take out of it this cash box, and from the cash box take £4 10s. in gold. Early in last year Mrs. Seddon had told me about a present of a watch and chain; she said that Miss Barrow had given her this as a birthday present.

Cross-examined. I have been working for the Seddons for seven or eight years. I was left in the house in September last when they went

away for a holiday. It is not true that I stole some of their property. My husband was out of work and I did pledge some of Seddon's things, intending to get them out again, but Seddons returned sooner than I thought they would; they threatened to prosecute me, but I do not think they meant it. (To the jury.) I am quite sure that it was after the body was laid out that Seddon commenced the search for money. The £4 10s. was loose in the cash box, not in a bag.

Mrs. LONGLEY, recalled. When I went upstairs with Seddon I saw through the door the lower part of Miss Barrow's body as she laid on the bed; I did not see her face; I did not go into the room. I certainly did not think she was dying or anything of the kind; she did not look like it. Mrs. Seddon had said to me, "She says, she is dying"; I said, "If she is dying she could not shout loud enough for you to hear her at the gate, and I don't believe it; I think she is making more of it than is necessary." (To the Court.) Mrs. Seddon appeared genuinely anxious to know what my opinion was; she knew that I had seen a lot of sickness.

This concluded the case for the defence, subject to Dr. Francis attending for cross-examination.

WILLIAM HENRY WILLCOX , recalled, further cross-examined by the Attorney-General. There is no arsenic in white precipitate powder. I have made further experiments with regard to the distal ends of the hair. I took some hair which was quite free from arsenic and soaked it for twenty-four hours in the blood-stained fluid from Miss Barrow's body; blood-stained fluid which was" in the body, not in the coffin. I made two analyses; one was of the hair which had been soaked in the blood-stained fluid which was taken from the coffin; the other was upon some mixed hair which I got from the undertaker which had not been soaked in blood-stained fluid; it was hair from a normal person and was quite free from arsenic. I soaked this in the same fluid for 24 hours. I thoroughly washed the hair which had been soaked in this experiment as completely as possible; I then broke it up to destroy the organic matter and submitted the hair to the Marsh test. The mirror showed that the hair had absorbed an. Appreciable amount of arsenic. The result of that experiment is that hair when soaking in a blood-stained fluid containing arsenic will absorb the arsenic from that fluid throughout its entire length. There is a constituent in hair, called keratin, which will absorb arsenic. I have no doubt that the presence of arsenic in the distal ends of the hair obtained from the coffin was due to absorption from the blood-stained fluid in which the hair lay and which I know contained arsenic. This deposition of arsenic in the hair would occur after death and not during life. Fourteen days elapsed between the first post-mortem and the second. I heard Dr. Francis's evidence. I found no indication of chronic alcoholic indulgence. I should have expected to find signs of it if it had been continued over a number of years and up to the time of death.

Further cross-examined. I do not say that Dr. Francis's evidence is untrue. There might have been in 1910 a condition of gastro-enteritis due to alcohol, and no trace of it in 1911. Cirrhosis of the liver would

have been distinguishable at the post mortem; there was no cirrhosis. That is a sign of a very advanced stage of alcoholism; I saw no signs of advanced alcoholism. I showed Mr. Rosenheim the results of all my experiments. My analysis showed 1-18th of a grain of arsenious acid per pound of hair in the tips. Unless explained from some other source, that might be indicative of arsenic taking over a period of time. It was because I did not think there had been here a prolonged course of arsenic taking that I made this further experiment—to prove that a similar condition of hair could be arrived at by soakage of the hair in blood-stained fluid containing arsenic. That experiment would not apply to the hair which was cut off at the undertaker's shop.

(Wednesday, March 13.)

JOHN ARTHUR FRANCIS (Recalled, cross-examined.). I now produce my book. It does not show what Miss Barrow was suffering from, although the prescriptions may indicate a little. What I have produced is a verbatim copy of the dates of my attendances. According to the ledger I never attended her for alcoholic indulgence after March, 1909. In July, 1909, and December, 1909, and January, 1910, I attended her merely for general debility and I gave her a tonic.

MARGARET ANN SEDDON (prisoner, recalled). (To the Court.) Disagreements began between my husband and myself in October, 1909; they were simply business disputes about the lot numbers getting off the clothes; I left him on January 3 and returned five weeks afterwards.

(Thursday, March 14.)

Verdict, F. H. Seddon, Guilty; M. A. Seddon, Not guilty.

On F. H. Seddon being asked whether he had anything to say why the sentence of death should not be passed upon him, he said: "I do not know whether anything I have to say can in any way affect the judgment that is about to be passed upon me; but there is one thing that is quite patent to me, and that is that this money, which it is suggested by the prosecution was in Miss Barrow's possession, has not in any way been traced to my account, either during the life of Miss Barrow or since her death. There is the sum of £165 suggested in notes turned into gold. There is the sum of £216 which was stated to have been drawn out in June. There is the sum of £91 which has been paid to Miss Barrow in the shape of annuities by me. If Hook's evidence is accepted, there was the sum of £420 in the house. I think, my lord, that that sum comes to something like £890 odd. The prosecution, as far as I can learn, has traced my banking account back to the year 1907 or 1908. I have had submitted to me documents at Brixton Prison, which I have gone through from that date, and from which I am in a position to explain every item of my banking account during that period. All that the prosecution has brought up against me in the shape of money is the sum of £156, which is since Miss Barrow's decease, and it has been stated during the evidence yesterday and today that the sum of £200 was in my possession. I clearly pointed out

from the witness-box that it was not £200 when the Attorney-General stated it was very near the sum of £216 which Miss Barrow drew out in June. I clearly stated then that it was £170 which I claimed to have in my possession, and which was testified to by three independent witnesses. There were other witnesses in my home I could have brought forward to prove I had that money in my possession, but they have not been called in this case. I have clearly shown the money I put into the Post Office Savings Bank, £30, with the £35 I put into my current account, £65, and £90 I invested in the building society shares was £155, and £15 which I reserved for my holidays, was the sum of £170, and yet since I stated that in the box it has been stated that there was over £200, or thereabouts. There is one other point I would like to put and that is regarding Thorley's evidence regarding the alleged purchase of arsenical poison packets. If it was true that my daughter went up to Thorley's for the purchase of arsenical flypapers on August 26, and he informed her that he had only got one packet in his possession and that he would have more in on the Monday, I have not heard one word since as to whether my daughter went back on the Monday for the other three packets of arsenical flypapers. I have not heard any evidence adduced that if my daughter required four packets of flypapers she called at any other chemist on the way back again. If she were sent either by me or by her mother for those four packets—that is, 24 flypapers—naturally, the girl would have got them either at the chemist's shop or at one or other of the chemist's establishments on the way back, as there are plenty on the way. Another point I want to put forward in respect of this alleged purchase of a packet of flypapers from Thorley is that it has been brought forward by the prosecution that my daughter called at Wilson's on the way. It is not stated what the distance is, but as far as I can judge, Thorley's shop is in the vicinity of Crouch Hill Station, and it is much farther than what has been stated as two minutes' walk from there. I should also like to mention, my lord, that in your summing-up—I do not know whether I am quite clear upon it or not—you said there was a time when the wife left me in the room when the will was being prepared. I have no recollection that my wife stated that she left me in the room at any time. As a matter of fact, I have never been in Miss Barrow's room alone from the 1st of September until the day of her death. On the 4th of September it is stated that I went up to speak to Miss Barrow and remonstrate with her about leaving her room. I did go up to remonstrate with her about leaving her room, but I was not alone. My wife was with me, and I do not know when my wife stated she was not. It is not true. She did not state it. I do not believe she stated it. I do not think she was ever questioned on the point. I should also like to state there has never been any witness called respecting my possession of the jewellery before the death of Miss Barrow. There is an independent witness. It has been stated by the prosecution that Miss Barrow was devotedly attached to the boy Ernest Grant. It has been pressed home to the jury by the prosecution that Miss Barrow was so devotedly attached to this boy that she intended to make him her heir. There has

not been any witness brought forward by the defence to contradict that assertion. I contradict it, for Miss Barrow has repeatedly shaken the boy in the street, and she has from time to time in the home shaken him and shouted at him. It is stated that on one occasion, and on one occasion only, she threatened to throw herself out through the window in consequence of the annoyance the boy caused her. I venture to say that my position in this case is this: I am surrounded by a set of circumstances from which there seems no way of extricating myself if I am condemned on circumstantial evidence. It seems to me that various points that might be in my favour, perhaps, have not been given sufficient consideration. I say in this way, that had Miss Barrow thrown herself out from the bedroom window this set of circumstances would be just the same. I would have been believed to have thrown or pushed her out. Had Miss Barrow fallen downstairs the same thing would have applied. If she had been killed it would have been Mr. Seddon, who had such interests in the matter, who threw. her downstairs. When she went to Southend-on-Sea, had she fallen into the sea, Mr. Seddon would have pushed her into it. I can see through it. There is another point I would like to mention. My wife found a bottle of gin in her bedroom after the death. That has never been mentioned in the evidence. We do not know where she got it from. It was half full of gin. We do not know what was in that gin. This inquiry took place fully two months after the woman was buried; therefore, we did not know what she had possessed. Evidence has not been given that all the bottles that were in Miss Barrow's room were taken away. We do not know what bottles Miss Barrow had or what they contained. We haven't the slightest idea as to whether Miss Barrow committed suicide. I should like to make this point—that you referred in your summing-up to Dr. Willcox's statement that a dose would produce violent pains in half an hour after it had been taken or administered. You have heard in evidence that while I was in the theatre Miss Barrow called out, 'I am dying.' That is supposed to have been at twelve o'clock. There is a possibility that the woman had taken a dose of arsenic, and that it had begun to operate with these violent pains, so that she called out, 'I am dying.' Otherwise, why should she say 'I am dying,' when she had the same pains off and on from the 2nd September to the 14th? All this is quite clear to me now when I come to look at the evidence. As I stated before, it is a puzzle to me how she could get arsenic. But when I come to look at it and think it over, it seems to me that that woman knew she was going to die, therefore she must have had a reason for saying she was going. Regarding what Maggie, my daughter, has stated in her evidence in the box, when she was pressed by Detective Ward for her explanation of her purchase of flypapers, I understood her clearly to say from the way the question was put to her, 'I did not buy flypapers,' and meant, as she explained there, that she did not get them. She may have gone to purchase them at Price's on the instructions of Mr. Saint, the solicitor, but I am not concerned about that, because it was after I was arrested. But my daughter has been terrorised evidently by Inspector Ward for a statement.

She has already contradicted that she ever bought them at Thorley's and then he comes round to the question of whether she bought them at Price's and so he gets her in a moment of thoughtlessness to say 'No.' He takes advantage of that opportunity to get her signature to it. After he arrested me Detective Ward went to my home and tried to terrorise my wife into making statements; I have only my wife's word for it. I do not know, I was not there as a witness, but she states that he tried in every possible way to terrorise her into making statements and told her what trouble she would get into if she did not admit this or that. And, further, she said when he found he could not get her to agree to the statement he said, 'I have not done with you yet.'

"You also referred, my lord, to the letter I sent to the Vonderahes after her death wherein I omit to state anything at all regarding the money. I thought I pointed out in the witness-box that when I wrote the letter, the search having been made, there was no money to mention. The prosecution has never traced the money to me. The prosecution has never traced anything to me in the shape of money, which is the great motive suggested by the prosecution in this case for my committing this diabolical crime, of which I declare, before the Great Architect of the Universe, I am not guilty, my lord. If I say more, I do not suppose it will be of any account, but still if it is the last word I have to speak I say I am not guilty of the crime for which I stand committed."

Sentence: Death.