MR. GEOGHEGAN Prosecuted; MR. FILLAN Defended.
JOHN LAMOND HEMMING I live at 9, Woburn Place, Russell Square—I am a member of the College of Physicians—I married the prisoner's stepdaughter — in 1878 I started a business in Lombard Street called the Metropolitan and Provincial Discount Association—the prisoner was then in my employment as manager of that business—this bill for 135l., dated 12th June, 1879, drawn at three months, by the prisoner, purports to be accepted by J. Lamond Hemming—it is not my signature—to the best of my belief it is the prisoner's handwriting—I never gave him authority to accept it—the first time I saw it was at the latter end of January, 1880—in October, 1879, I received a letter from the solicitors to Messrs. Barkers' the bankers, in consequence of which I came up to town, and was on my way to Barkers' when I met the prisoner—I told him I was going to Messrs. Wordsworth, Blake, and Harris, on account of a letter I had received demanding payment of a dishonoured acceptance of mine for 134l.—he said "Oh, give me the letter, it is my affair, I will set that all right; how stupid of them to make this mistake"—upon that I gave him the letter, and took no further steps in the matter two days after he told me that the thing was perfectly arranged and was all right—in January this year an execution was put into my house by the Sheriff under this bill for 135l.—I made application to stay the execution, on the ground that the bill was a forgery—execution was stayed, and the action was abandoned, and I got the costs—the signature to this bill for 111l. 1s. 6d. Is my handwriting—there are marks in pencil over the signature—that is the only bill I ever gave the prisoner—I was sued in the Divorce Court in the name of Hawkins.
Cross-examined. Mr. Wise was the gentleman that brought the action against me in the Divorce Court—he was no friend of mine, I never saw him in my life—he cited me as a co-respondent as having committed adultery with his wife—the Judge considered that he had proved the statement—I did not appear—I then went by the name of Hawkins I did not describe myself as a medical practitioner then—I believe the entry was as a commercial traveller—I never had been a commercial traveller—I have been a medical practitioner since I qualified in 1877—I have kept dogs and have sold and bought dogs—I employed the prisoner to bet on the turf for me on one occasion—I was not a bookmaker—I had no bother with a lunatic asylum at Fulham—there were proceedings against me in Chancery for a dissolution of partnership—I gave a cheque for 300l. to the parties, which cheque I stopped within an hour, on the advice of my solicitor, but the money has since been paid—I did not go into a patent medicine business—there were some negotiations about it—the business in Lombard Street was started long before that, in connection with the prisoner—he was not a partner, he was the manager—I paid the rent—the premises were taken in the prisoner's name and mine as joint tenants—he brought no money into the concern; he was to work the business, I had to find the capital—he found the brains and I the money—he had no salary, he was to have a share of the profits; he was not my partner; I did not look on it in that light—he had not the power of drawing what money he liked for himself—he took bills in his own name and sued on them—the rent was paid from the business; he paid it, but not out of his own money—I had nothing whatever to do with the business; I found the money, he conducted the business—the bill for 118l. was not a bill for his accommodation—I accepted it—that was in 1877, the business in Lombard Street was not started till August, 1878—the 118l. bill was for my accommodation; he got it discounted at Barker's for me; it was not for the purposes of business—I will swear that other bills were not done in the same way, and that I never gave him authority to sign my name as acceptor—that was the only bill he ever drew for my accommodation—I did not state before the Magistrate that I gave the bill in November, 1877, lor Mr. Johnson's accommodation; if I did it was a mistake—I did not, on 4th November, 1877, accept a bill for 111l. 1s. 6d., or on 17th June, 1877, a bill for 108l. 10s. 9d., or on 25th November a bill for 133l. 6s. 3d.—I never paid those bills—no application was ever made to me for any of these bills—this cheque of 28th June, 1877 was not the proceeds of those bills—they were for advances on Peruvian shares—I first beard of this forgery at the latter end of January, 1880, when the execution was put into my house; I had never seen the bill; I had a letter about it from Messrs. Wordsworth, demanding payment of this bill in October—I have not got the letter, I gave it to the prisoner—I did not answer that, I was going to see Messrs. Barker when I met the prisoner—I will swear that I never told him that when he wanted money he might accept for me, if so, why attempt to imitate my signature—in December I accused him of embezzlement—I wrote him this letter of 20th December, 1879—I was not annoyed at his commencing a business on his own account—he did not come to my place and give me a thrashing; he assaulted me—I instructed my solicitor in January to take criminal proceedings, and a warrant was taken out at once, but he was not taken till July, he could not be found—I did not know that he was in the City all that time—I was in communication with his wife; I borrowed 2l. of her—I have not paid it back—I never gave instructions to my solicitor to sell some reversionary interest of my wife's—there was 350l. in trust in Chancery, out of which my wife was to receive 100l.
Re-examined. In December, 1878, I forbade the prisoner to take any more money out of the business—I said at the police-court that the prisoner always asked me for money; when he wanted money for disbursements he applied to me for it—I have since ascertained that the prisoner instructed his solicitor to enter an appearance on my behalf; that was without my authority.
CLIFFORD CLARK . I live in South Street, Romford, and am clerk to Barker and Co, bankers, of Mark Lane—this bill of exchange for 135l. was discounted by our firm and the amount credited to the prisoner—he was then a customer—the signature of the drawer and endorser I should pass as his genuine signature.
Cross-examined. To the best of my belief we discounted this other bill for 111l. 1s. 6d.—I believe we have discounted two or three others drawn by Johnson and accepted by Hemming—we had one on 18th March, 1878. Re-examined. I can't say that Johnson met those bills—the first conversation I ever had with Mr. Hemming was in reference to the 135l. bill—whether the signatures to the bills were Hemming's or not I can't say—Johnson had credit for the money obtained on these bills.
CHARLES CHABOT . I am an expert in handwriting, and have been so for many years—I have seen a number of Mr. Hemming's signatures—I have never seen him write—four months ago I saw a bundle of cheques said to bear his signature—I can't say that these (produced) are the same. (Mr. Hurrell, managing clerk to Messrs. Parker and Co., solicitors to the prosecution, proved that these were the cheques shown to Mr. Chabot, and Mr. Hemming stated that the signatures to them were his.) On comparing these with the signature to the 135l. bill, in my opinion they are not in the same handwriting.
Cross-examined. I was not called at the police-court—I have often given evidence, very rarely for the defence—I don't know that my charges are too high for prisoners; they have paid me, and they have not regretted it.
HENRY HOARE . I am ledger-keeper to the Capital and Counties Bank in Threadneedle Street—Mr. Hemming has kept an account there—I am acquainted with his signature—I should say that the signature to this bill is not his; if it had been presented to me I should have marked it "Signature differs," and returned it to the person who presented it.
HILTON BARKER . I am a partner in the firm of Barker and Co., of Mark Lane—I know the prisoner—he had an account at our bank—I recognise his handwriting to the drawing on this blue bill—the endorsement is also his writing—my firm discounted this bill.
Cross-examined. We have discounted several other bills drawn by Johnson and accepted by Hemming—they were all paid.
JOHN DAVIS (City Detective Sergeant.) I received a warrant for the prisoner's apprehension dated 20th January last on 8th July, from the station sergeant—at 3 o'clock that morning I went to 26, Gordon street, Gordon Square, and saw the prisoner there in bed—I told him I was a detective sergeant, and held a warrant for his arrest for forging a bill of acceptance—I read the warrant to him—he said "All right, I will go with you quietly"—I searched the place, and among a number of other papers I found this bill marked B—it is in the same state as I found it—I took the prisoner to the station, and charged him—he made no reply to the charge.
JOHN MOULSEY (City Policeman.) I was with Davis when he executed the warrant—I saw him find this bill; it is in the same condition as it was when found.
MR. HEMMING (Re-examined by MR. FILLAN). I produce my pass-book—I will swear that the entry "Johnson, NOV. 3, 1877, 111l. 1s. 6d."was not for a bill drawn by Johnson and accepted by me—you will find many other "Johnsons "there—I have not got the cheque—it it three years ago—I destroy my cheques and counterfoils and all my old papers at the end of the year—you are talking of Nov., 1877; there was no business then—I mean seriously to say that I do not know what that sum of 111l. 1s. 6d. was for—at that time the prisoner was in an utterly impecunious position, and I had to keep him and his wife—I believe this 80l. cheque on 22nd Nov., 1877, was for money advanced by me on stock; it could be for no other purpose—this 100l. was for advances that he got for me from Barker's, his bankers—I am now a bankrupt—I brought an action against Mr. Chatterton, of Drury Lane Theatre—I charged him with fraud—he won the action—I have not paid his costs yet; it was on that debt I was made a bankrupt, and the reason for not gaining the action was that Johnson had absconded, and we could not find him—the transaction was with Johnson—my account with the London Joint Stock Bank was closed in November, 1878.
CLIFFORD CLARK (Re-examined by Mr. FILLAN). On 4th November, 1877, I find in my book an entry of a bill for 111l, 1s. 6d. due, drawn by Johnson and accepted by Hemming—I believe it was paid by the London Joint Stock Bank, Hemming's bankers, but their clerk can prove that better than I can—this (produced) is a list of bills that we have had, drawn by Johnson and accepted by Hemming.
NOT GUILTY .