Mary Alice Stevens ^{1 2 3}

  General Notes:

can't find in 1921


CLIFFORD Francis Ernest (28, solicitor) . Having received £15 for and on account of Ernest Barnard Stevens, fraudulently converting the same to his own use and benefit.

Mr. Mulligan prosecuted; Mr. Edmondson defended.

ERNEST BARNARD STEVENS , 93, St. Anne's Street, Woolwich, general labourer. My daughter, Mary Alice, aged 20, was employed by a Mr. Selbach as domestic servant; on January 12 she met with an accident. Defendant (trading as Clifford and Co.) acted as solicitor for me, as my daughter's next friend, in an action in the Bloomsbury County Court, for damages under the Workmen's Compensation Act. On August 4 an award was made for the payment to my daughter of 10s. a week, and that the arrears from the date of the accident to the date of the award, amounting to £15, should be paid into Court to await the Judge's order; Selbach to pay the costs. On my instructions defendant applied to the Court for payment of the £15 to me for expenses I had been put to through my daughter's accident; the application was refused. Later, a further application was to be made, and for this purpose I sent to defendant on September 6 an authority signed by my daughter and myself. I saw defendant once or twice, and was told the money could not be taken out. On September 14 I had a conversation with defendant about the weekly payments being commuted for a lump sum down. Something made me suspicious and I went to Messrs. Long and Gardner, solicitors. In consequence of what they said I went to the County Court where I found that defendant on September 7 had taken out of Court the £15 and the £5 2s. for costs. On September 16 defendant wrote to me saying, "We have taken the £15 out of Court and shall be pleased to see you in reference to the costs of the High Court action; will you look at Messrs. Long and Gardner's bill, enclosed, and let us know your views on the same? "At that time I had put the matter in the hands of my present solicitors. On September 22 defendant and another man called at my house; I referred
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them to my solicitors; defendant said they did not come to discuss terms, they were simply there to hand over the £15; I said I did not think I was justified in taking it; he said, "Oh, yes, it is your own money, and you have a perfect right to have it; it will make no difference whatever." I accepted the money, and went straight off to my solicitors the next morning and handed the money to them. I identify the bag produced, containing £15 in gold.

Cross-examined. On September 14 I first knew that defendant had drawn out the £15; I was told so by Mr. Reginald Thurloe Baker; I knew that at that time Baker was in defendant's office. Baker is not my solicitor in this case; he introduced me to my solicitors. After I knew that defendant had with drawn the £15 I never applied to him for the money or for an account or for a bill of costs; the first step taken was to have him arrested; that was not done at the instigation of Baker. I did not tell defendant that I was extremely sorry he had been arrested. I was introduced to defendant by Mr. Jackaman; I know nothing of any order being made by Jackaman to settle this matter on terms of defendant paying to Baker £110. It is not the fact that Baker is paying the costs of these proceedings. I am pretty sure I shall have to pay them. It is not the fact that when I saw defendant on the occasions before September 14 I said, "I want to ask you if I can have any money," and that he replied, "Not yet"; he, in fact, said that he had not received any money out of Court yet; he did not tell me that his bill of costs had to be paid. I do not say that it was my wish to place this man in the dock; wanted to get satisfaction. Defendant has acted for me in three cases; there may be costs due to him; but that would be from me, not from my daughter.

PERCIVAL BANKS PALMER , clerk to the Registrar of Bloomsbury County Court, produced the records showing that in the action of Stevens v. Selbach, there was paid in on August 18 £15 and £5 2s. 8d. costs, on September 7 these amounts were paid out on the receipt of defendant.

HAROLD GEORGE MATHERS , cashier, Capital and Counties Bank, Holborn branch. I produce copy of defendant's accounts. On September 16 a cheque was drawn for 6s. 8d. payable to Electric Light, and another for 10s. payable to Mr. Jackaman; the account being overdrawn, both cheques were returned marked "refer to drawer."

Cross-examined. Defendant still banks with us, and his account is now in credit. I believe that on September 16, when the two cheques were dishonoured, defendant was in custody. We have on one or two occasions honoured his cheques when the money was not in to his credit.

HENRY PERCY STAINES , of Messrs. Hurds, solicitors. My firm acted for Selbach in the County Court proceedings. I was in Court on August 4 when the award was considered by the Judge. Defendant asked that the sum of £15 should be paid to the father to reimburse him the expenses he had incurred. The Judge asked' for the father to be called, and after hearing his evidence decided that the
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money must remain in Court. I suggested to the Judge that the £15 belonged to the daughter (who was then still in hospital), and the Judge said that an application must be made by the girl herself.

Cross-examined. I believe that when the money was paid out to defendant it was owing to a mistake of the Registrar's.

LAWRENCE MUNN , clerk to Mr. Thomas Moore, solicitor, proved that on August 30 defendant was being pressed for payment of £1 on a cheque that had been cashed for him by a client of Mr. Moore's, and had been dishonoured; the cheque was not taken up till September 22.

(Defence.)

FRANCIS ERNEST CLIFFORD (prisoner, on oath). I was admitted a solicitor in April, 1904. I served my articles partly with Messrs. Long and Gardner, and there became acquainted with Mr. Jackaman. After I was admitted Jackaman occasionally sent me small matters of business. He sent Stevens to me; he also introduced me to Baker. Baker had had his certificate suspended, and he came into my office as managing clerk. On June 23 he again got his certificate, and we decided to part; he asked to be allowed to remain till September 30, and I first of all agreed. Having received the authority of Stevens and his daughter for the purpose, I on September 7 drew out of court the £15 and costs. In the meantime I had had a communication from Jackaman respecting a bill of costs of his against Stevens for £7 18s. 11d. I did tell Jackaman that I had not received the £15; I said this because I did not think any part of his bill was chargeable at all, and I did not want him to press for payment of it until I had authority from Stevens to pay it. I did see Stevens on the 14th, but I did not tell him that I had not received the money. He asked me whether I had any money for him. I said, "Not yet; I have not got out the costs in these matters, and I have also received a bill of costs from Messrs. Long and Gardner; I would like" you to take that away with you and let me know what you think about it. "He took the bill away with him. I paid this money into my own account. At that time I considered that I had a bill of costs against Stevens in respect of police court proceedings taken also on behalf of the daughter. I had also a claim for costs in the Selbach matter subsequently to the date of the award. On September 22, immediately I was released on bail, I went to Stevens's house with a friend; my friend said to Stevens, "We have come for the purpose of tendering you the sum of £15 which you allege to be due"; Stevens said he did not see any reason why he should not take it. I said to Stevens, I did not tell you that I had not received the money. "I did not discuss any terms with "Stevens; he said he would report at 11, Poultry, in the morning, if I thought it would do any good; I said it was quite immaterial; he said he was extremely sorry. My family and connections are people of means; they have always been ready and willing to help me whenever I desired it.
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Cross-examined. I did not borrow money of a Mr. Bradley in 1904 to take out my certificate. I am aware that in county court proceedings, except under a written agreement, no solicitor and client costs are recoverable. I do not suggest that Long and Gardner's costs were payable out of the £15, but they certainly suggested it, or Mr. Jackaman did. Previously to banking with the Capital and Counties I banked with the London City and Midland; my account with them is still open; it is overdrawn by about £6, but I am suing them in respect of a cheque which they wrongly dishonoured. (Witness was handed a bundle of about a dozen cheques, between July, 1906, and July, 1909, which appeared to have been dishonoured.) On the day I drew this money out of Court my account shows an overdraft of £13 13s. 7d. When Stevens called on me on the 14th and asked if I had any money for him, I did not take him to refer to the £15, but to the balance which would be due to him on settlement. I did not tell him that I had received the £15 because I took it for granted that he knew that I had received it. I did not give him to understand that I had not received it. There is no truth in the suggestion that until these proceedings I had not been on speaking terms with my father.

JAMES CLIFFORD , a Justice of the Peace for Maidstone, carrying on business there as a merchant and manufacturer (defendant's father), and EDWIN HENRY CHAMBEES, of East Hall, Boughton Monchelsea, Maidstone, merchant (defendant's cousin, stated that they and other members of the family would readily have helped defendant in any monetary difficulties.

Verdict, Not guilty.

  Death Notes:

Name: Mary A Stevens
Death Age: 73
Birth Date: abt 1889
Registration Date: Jul 1962
[Aug 1962]
[Sep 1962]
Registration Quarter: Jul-Aug-Sep
Registration district: Lewisham
Inferred County: London
Volume: 5d
Page: 41

  Events

• Lived at: Charlton, 1891, London, England. ^{2 3}

• Lived at: 15 East Street, 1901, Charlton, Kent, England. ³

• Lived at: 90 Sand Street, 1911, WoolwichEngland.

• Occupation: Domestic Servant, 1911, Kent, England.