<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<div1 type="frontMatter" id="f18421212">
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<p>Taken in Short-hand</p>
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<p>On the Queen's Commission of the Peace,</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, December 12th, 1842, and following Days.</p>
<p>Before the Right Honourable
<hi rend="largeCaps">JOHN HUMPHERY</hi>, Esq.,
<hi rend="smallCaps">LORD MAYOR</hi> of the City of London; Sir Edward Hall Alderson, Knt., one of the Barons of Her Majesty's. Court of Exchequer; Sir John Gurney, Knt., one other of the Baron, of Her Majesty's Court of Exchequer; Sir Claudius Stephen Hunter, Bart.; Matthias Prime Lucas, Esq.; Sir Peter Laurie, Knt.; Charles Farebrother, Esq.; and Sir Chapman Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: William Magnay, Esq.;
<persName id="t18421212-name-1" type="judiciaryName">
<interp inst="t18421212-name-1" type="gender" value="male"/>
<interp inst="t18421212-name-1" type="surname" value="GIBBS"/>
<interp inst="t18421212-name-1" type="given" value="MICHAEL"/>Michael Gibbs</persName>., Esq.; and
<persName id="t18421212-name-2" type="judiciaryName">
<interp inst="t18421212-name-2" type="gender" value="male"/>
<interp inst="t18421212-name-2" type="surname" value="JOHNSON"/>
<interp inst="t18421212-name-2" type="given" value="JOHN"/>John Johnson</persName>, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City, and Edward Bullock, Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judge, of the Central Criminal Court.</p>
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<hi rend="largeCaps">LIST OF JURORS</hi>.</p>
<hi rend="italic">First Jury.</hi> </p>
<persName id="t18421212-name-3" type="jurorName">
<interp inst="t18421212-name-3" type="gender" value="male"/>
<interp inst="t18421212-name-3" type="surname" value="FLOYD"/>
<interp inst="t18421212-name-3" type="given" value="WILLIAM"/>William Floyd</persName> </p>
<persName id="t18421212-name-4" type="jurorName">
<interp inst="t18421212-name-4" type="gender" value="male"/>
<interp inst="t18421212-name-4" type="surname" value="SHARWOOD"/>
<interp inst="t18421212-name-4" type="given" value="JAMES ALLEN"/>James Allen Sharwood</persName> </p>
<persName id="t18421212-name-5" type="jurorName">
<interp inst="t18421212-name-5" type="gender" value="male"/>
<interp inst="t18421212-name-5" type="surname" value="BODMAN"/>
<interp inst="t18421212-name-5" type="given" value="HENRY"/>Henry Bodman</persName> </p>
<persName id="t18421212-name-6" type="jurorName">
<interp inst="t18421212-name-6" type="gender" value="male"/>
<interp inst="t18421212-name-6" type="surname" value="BYRNE"/>
<interp inst="t18421212-name-6" type="given" value="TIMOTHY"/>Timothy Byrne</persName> </p>
<persName id="t18421212-name-7" type="jurorName">
<interp inst="t18421212-name-7" type="gender" value="male"/>
<interp inst="t18421212-name-7" type="surname" value="BARRATT"/>
<interp inst="t18421212-name-7" type="given" value="WILLIAM"/>William Barratt</persName> </p>
<persName id="t18421212-name-8" type="jurorName">
<interp inst="t18421212-name-8" type="gender" value="male"/>
<interp inst="t18421212-name-8" type="surname" value="ANDERSON"/>
<interp inst="t18421212-name-8" type="given" value="DAVID"/>David Anderson</persName> </p>
<persName id="t18421212-name-9" type="jurorName">
<interp inst="t18421212-name-9" type="gender" value="male"/>
<interp inst="t18421212-name-9" type="surname" value="ENGLISH"/>
<interp inst="t18421212-name-9" type="given" value="ISAAC"/>Isaac English</persName> </p>
<persName id="t18421212-name-10" type="jurorName">
<interp inst="t18421212-name-10" type="gender" value="male"/>
<interp inst="t18421212-name-10" type="surname" value="FLETCHER"/>
<interp inst="t18421212-name-10" type="given" value="ROBERT"/>Robert Fletcher</persName> </p>
<persName id="t18421212-name-11" type="jurorName">
<interp inst="t18421212-name-11" type="gender" value="male"/>
<interp inst="t18421212-name-11" type="surname" value="HENDERSON"/>
<interp inst="t18421212-name-11" type="given" value="EDWARD"/>Edward Henderson</persName> </p>
<persName id="t18421212-name-12" type="jurorName">
<interp inst="t18421212-name-12" type="gender" value="male"/>
<interp inst="t18421212-name-12" type="surname" value="BARCLAY"/>
<interp inst="t18421212-name-12" type="given" value="JAMES"/>James Barclay</persName> </p>
<persName id="t18421212-name-13" type="jurorName">
<interp inst="t18421212-name-13" type="gender" value="male"/>
<interp inst="t18421212-name-13" type="surname" value="BENSON"/>
<interp inst="t18421212-name-13" type="given" value="THOMAS"/>Thomas Benson</persName> </p>
<persName id="t18421212-name-14" type="jurorName">
<interp inst="t18421212-name-14" type="gender" value="male"/>
<interp inst="t18421212-name-14" type="surname" value="TREADWELL"/>
<interp inst="t18421212-name-14" type="given" value="WILLIAM"/>William Treadwell</persName> </p>
<hi rend="italic">Second Jury.</hi> </p>
<persName id="t18421212-name-15" type="jurorName">
<interp inst="t18421212-name-15" type="gender" value="male"/>
<interp inst="t18421212-name-15" type="surname" value="SCOTT"/>
<interp inst="t18421212-name-15" type="given" value="ANDREW"/>Andrew Scott</persName> </p>
<persName id="t18421212-name-16" type="jurorName">
<interp inst="t18421212-name-16" type="gender" value="male"/>
<interp inst="t18421212-name-16" type="surname" value="AUSTIN"/>
<interp inst="t18421212-name-16" type="given" value="GEORGE"/>George Austin</persName> </p>
<persName id="t18421212-name-17" type="jurorName">
<interp inst="t18421212-name-17" type="gender" value="male"/>
<interp inst="t18421212-name-17" type="surname" value="ALDER"/>
<interp inst="t18421212-name-17" type="given" value="JOHN WILLIAM"/>John William Alder</persName> </p>
<persName id="t18421212-name-18" type="jurorName">
<interp inst="t18421212-name-18" type="gender" value="male"/>
<interp inst="t18421212-name-18" type="surname" value="PHILLIPS"/>
<interp inst="t18421212-name-18" type="given" value="JOHN"/>John Phillips</persName> </p>
<persName id="t18421212-name-19" type="jurorName">
<interp inst="t18421212-name-19" type="gender" value="male"/>
<interp inst="t18421212-name-19" type="surname" value="COOPER"/>
<interp inst="t18421212-name-19" type="given" value="JAMES"/>James B. Cooper</persName> </p>
<persName id="t18421212-name-20" type="jurorName">
<interp inst="t18421212-name-20" type="gender" value="male"/>
<interp inst="t18421212-name-20" type="surname" value="CHESTERMAN"/>
<interp inst="t18421212-name-20" type="given" value="BENJAMIN"/>Benjamin Chesterman</persName> </p>
<persName id="t18421212-name-21" type="jurorName">
<interp inst="t18421212-name-21" type="gender" value="male"/>
<interp inst="t18421212-name-21" type="surname" value="CORNISH"/>
<interp inst="t18421212-name-21" type="given" value="JOHN"/>John Cornish</persName> </p>
<persName id="t18421212-name-22" type="jurorName">
<interp inst="t18421212-name-22" type="gender" value="male"/>
<interp inst="t18421212-name-22" type="surname" value="ADAMS"/>
<interp inst="t18421212-name-22" type="given" value="JOHN"/>John Adams</persName> </p>
<persName id="t18421212-name-23" type="jurorName">
<interp inst="t18421212-name-23" type="gender" value="male"/>
<interp inst="t18421212-name-23" type="surname" value="CROW"/>
<interp inst="t18421212-name-23" type="given" value="PATRICK"/>Patrick Crow</persName> </p>
<persName id="t18421212-name-24" type="jurorName">
<interp inst="t18421212-name-24" type="gender" value="male"/>
<interp inst="t18421212-name-24" type="surname" value="PLEDGER"/>
<interp inst="t18421212-name-24" type="given" value="THOMAS"/>Thomas Pledger</persName> </p>
<persName id="t18421212-name-25" type="jurorName">
<interp inst="t18421212-name-25" type="gender" value="male"/>
<interp inst="t18421212-name-25" type="surname" value="COOMBE"/>
<interp inst="t18421212-name-25" type="given" value="WILLIAM"/>William Coombe</persName> </p>
<persName id="t18421212-name-26" type="jurorName">
<interp inst="t18421212-name-26" type="gender" value="male"/>
<interp inst="t18421212-name-26" type="surname" value="BADGE"/>
<interp inst="t18421212-name-26" type="given" value="JOSEPH"/>Joseph Badge</persName> </p>
<hi rend="italic">Third Jury.</hi> </p>
<persName id="t18421212-name-27" type="jurorName">
<interp inst="t18421212-name-27" type="gender" value="male"/>
<interp inst="t18421212-name-27" type="surname" value="FIGG"/>
<interp inst="t18421212-name-27" type="given" value="JAMES"/>James Figg</persName> </p>
<persName id="t18421212-name-28" type="jurorName">
<interp inst="t18421212-name-28" type="gender" value="male"/>
<interp inst="t18421212-name-28" type="surname" value="FLOYD"/>
<interp inst="t18421212-name-28" type="given" value="HENRY"/>Henry T. G. Floyd</persName> </p>
<persName id="t18421212-name-29" type="jurorName">
<interp inst="t18421212-name-29" type="gender" value="male"/>
<interp inst="t18421212-name-29" type="surname" value="FOUNTAIN"/>
<interp inst="t18421212-name-29" type="given" value="JOHN RIVERS"/>John Rivers Fountain</persName> </p>
<persName id="t18421212-name-30" type="jurorName">
<interp inst="t18421212-name-30" type="gender" value="male"/>
<interp inst="t18421212-name-30" type="surname" value="AKEY"/>
<interp inst="t18421212-name-30" type="given" value="JOSEPH"/>Joseph Akey</persName> </p>
<persName id="t18421212-name-31" type="jurorName">
<interp inst="t18421212-name-31" type="gender" value="male"/>
<interp inst="t18421212-name-31" type="surname" value="BAYLIS"/>
<interp inst="t18421212-name-31" type="given" value="THOMAS"/>Thomas Baylis</persName> </p>
<persName id="t18421212-name-32" type="jurorName">
<interp inst="t18421212-name-32" type="gender" value="male"/>
<interp inst="t18421212-name-32" type="surname" value="TRINDER"/>
<interp inst="t18421212-name-32" type="given" value="JABEZ"/>Jabez Trinder</persName> </p>
<persName id="t18421212-name-33" type="jurorName">
<interp inst="t18421212-name-33" type="gender" value="male"/>
<interp inst="t18421212-name-33" type="surname" value="COWPER"/>
<interp inst="t18421212-name-33" type="given" value="JOHN"/>John Cowper</persName> </p>
<persName id="t18421212-name-34" type="jurorName">
<interp inst="t18421212-name-34" type="gender" value="male"/>
<interp inst="t18421212-name-34" type="surname" value="CHAPPEL"/>
<interp inst="t18421212-name-34" type="given" value="WILLIAM"/>William Chappel</persName> </p>
<persName id="t18421212-name-35" type="jurorName">
<interp inst="t18421212-name-35" type="gender" value="male"/>
<interp inst="t18421212-name-35" type="surname" value="FRANCIS"/>
<interp inst="t18421212-name-35" type="given" value="EDWARD"/>Edward Francis</persName> </p>
<persName id="t18421212-name-36" type="jurorName">
<interp inst="t18421212-name-36" type="gender" value="male"/>
<interp inst="t18421212-name-36" type="surname" value="CARRUTHERS"/>
<interp inst="t18421212-name-36" type="given" value="THOMAS"/>Thomas Carruthers</persName> </p>
<persName id="t18421212-name-37" type="jurorName">
<interp inst="t18421212-name-37" type="gender" value="male"/>
<interp inst="t18421212-name-37" type="surname" value="CARTWRIGHT"/>
<interp inst="t18421212-name-37" type="given" value="RICHARD"/>Richard Cartwright</persName> </p>
<persName id="t18421212-name-38" type="jurorName">
<interp inst="t18421212-name-38" type="gender" value="male"/>
<interp inst="t18421212-name-38" type="surname" value="LAMERT"/>
<interp inst="t18421212-name-38" type="given" value="GEORGE"/>George Lamert</persName> </p>
<hi rend="italic">Fourth Jury.</hi> </p>
<persName id="t18421212-name-39" type="jurorName">
<interp inst="t18421212-name-39" type="gender" value="male"/>
<interp inst="t18421212-name-39" type="surname" value="BENJAMIN"/>
<interp inst="t18421212-name-39" type="given" value="PHILIP"/>Philip Benjamin</persName> </p>
<persName id="t18421212-name-40" type="jurorName">
<interp inst="t18421212-name-40" type="gender" value="male"/>
<interp inst="t18421212-name-40" type="surname" value="COLLARD"/>
<interp inst="t18421212-name-40" type="given" value="GEORGE"/>George Collard</persName> </p>
<persName id="t18421212-name-41" type="jurorName">
<interp inst="t18421212-name-41" type="gender" value="male"/>
<interp inst="t18421212-name-41" type="surname" value="COURTNEY"/>
<interp inst="t18421212-name-41" type="given" value="THOMAS"/>Thomas Courtney</persName> </p>
<persName id="t18421212-name-42" type="jurorName">
<interp inst="t18421212-name-42" type="gender" value="male"/>
<interp inst="t18421212-name-42" type="surname" value="WARGER"/>
<interp inst="t18421212-name-42" type="given" value="SAMNEL"/>Samnel Warger</persName> </p>
<persName id="t18421212-name-43" type="jurorName">
<interp inst="t18421212-name-43" type="gender" value="male"/>
<interp inst="t18421212-name-43" type="surname" value="BRETT"/>
<interp inst="t18421212-name-43" type="given" value="JOHN"/>John Brett</persName> </p>
<persName id="t18421212-name-44" type="jurorName">
<interp inst="t18421212-name-44" type="gender" value="male"/>
<interp inst="t18421212-name-44" type="surname" value="BAXTER"/>
<interp inst="t18421212-name-44" type="given" value="CHARLES"/>Charles Baxter</persName> </p>
<persName id="t18421212-name-45" type="jurorName">
<interp inst="t18421212-name-45" type="gender" value="male"/>
<interp inst="t18421212-name-45" type="surname" value="GEORGE"/>
<interp inst="t18421212-name-45" type="given" value=""/>George P</persName> </p>
<persName id="t18421212-name-46" type="jurorName">
<interp inst="t18421212-name-46" type="gender" value="male"/>
<interp inst="t18421212-name-46" type="surname" value="DUDMAN"/>
<interp inst="t18421212-name-46" type="given" value="THOMAS"/>Thomas Dudman</persName> </p>
<persName id="t18421212-name-47" type="jurorName">
<interp inst="t18421212-name-47" type="gender" value="male"/>
<interp inst="t18421212-name-47" type="surname" value="CHEFFINS"/>
<interp inst="t18421212-name-47" type="given" value="CHARLES FREDERICK"/>Charles Frederick Cheffins</persName> </p>
<persName id="t18421212-name-48" type="jurorName">
<interp inst="t18421212-name-48" type="gender" value="male"/>
<interp inst="t18421212-name-48" type="surname" value="BEARD"/>
<interp inst="t18421212-name-48" type="given" value="THOMAS"/>Thomas Beard</persName> </p>
<persName id="t18421212-name-49" type="jurorName">
<interp inst="t18421212-name-49" type="gender" value="male"/>
<interp inst="t18421212-name-49" type="surname" value="DREW"/>
<interp inst="t18421212-name-49" type="given" value="JOHN"/>John Drew</persName> </p>
<persName id="t18421212-name-50" type="jurorName">
<interp inst="t18421212-name-50" type="gender" value="male"/>
<interp inst="t18421212-name-50" type="surname" value="DAVIES"/>
<interp inst="t18421212-name-50" type="given" value="FREDERICK"/>Frederick Davies</persName> </p>
<hi rend="italic">Fifth Jury.</hi> </p>
<persName id="t18421212-name-51" type="jurorName">
<interp inst="t18421212-name-51" type="gender" value="male"/>
<interp inst="t18421212-name-51" type="surname" value="CHAPMAN"/>
<interp inst="t18421212-name-51" type="given" value="JOHN GEORGE"/>John George Chapman</persName> </p>
<persName id="t18421212-name-52" type="jurorName">
<interp inst="t18421212-name-52" type="gender" value="male"/>
<interp inst="t18421212-name-52" type="surname" value="GRAZIER"/>
<interp inst="t18421212-name-52" type="given" value="FREDERICK"/>Frederick Grazier</persName> </p>
<persName id="t18421212-name-53" type="jurorName">
<interp inst="t18421212-name-53" type="gender" value="male"/>
<interp inst="t18421212-name-53" type="surname" value="HARRIS"/>
<interp inst="t18421212-name-53" type="given" value="CHARLES"/>Charles Harris</persName> </p>
<persName id="t18421212-name-54" type="jurorName">
<interp inst="t18421212-name-54" type="gender" value="male"/>
<interp inst="t18421212-name-54" type="surname" value="MEE"/>
<interp inst="t18421212-name-54" type="given" value="JOHN"/>John Mee</persName> </p>
<persName id="t18421212-name-55" type="jurorName">
<interp inst="t18421212-name-55" type="gender" value="male"/>
<interp inst="t18421212-name-55" type="surname" value="BRANDON"/>
<interp inst="t18421212-name-55" type="given" value="SAMUEL"/>Samuel Brandon</persName> </p>
<persName id="t18421212-name-56" type="jurorName">
<interp inst="t18421212-name-56" type="gender" value="male"/>
<interp inst="t18421212-name-56" type="surname" value="CASE"/>
<interp inst="t18421212-name-56" type="given" value="WILLIAM HENRY"/>William Henry Case</persName> </p>
<persName id="t18421212-name-57" type="jurorName">
<interp inst="t18421212-name-57" type="gender" value="male"/>
<interp inst="t18421212-name-57" type="surname" value="CRAWFORD"/>
<interp inst="t18421212-name-57" type="given" value="MATTHEW"/>Matthew Crawford</persName> </p>
<persName id="t18421212-name-58" type="jurorName">
<interp inst="t18421212-name-58" type="gender" value="male"/>
<interp inst="t18421212-name-58" type="surname" value="BLOFIELD"/>
<interp inst="t18421212-name-58" type="given" value="JAMES"/>James Blofield</persName> </p>
<persName id="t18421212-name-59" type="jurorName">
<interp inst="t18421212-name-59" type="gender" value="male"/>
<interp inst="t18421212-name-59" type="surname" value="FORSHAM"/>
<interp inst="t18421212-name-59" type="given" value="FREDERICK"/>Frederick Forsham</persName> </p>
<persName id="t18421212-name-60" type="jurorName">
<interp inst="t18421212-name-60" type="gender" value="male"/>
<interp inst="t18421212-name-60" type="surname" value="CONSTABLE"/>
<interp inst="t18421212-name-60" type="given" value="COLONEL"/>Colonel Constable</persName> </p>
<persName id="t18421212-name-61" type="jurorName">
<interp inst="t18421212-name-61" type="gender" value="male"/>
<interp inst="t18421212-name-61" type="surname" value="SHAW"/>
<interp inst="t18421212-name-61" type="given" value="GEORGE"/>George Shaw</persName> </p>
<persName id="t18421212-name-62" type="jurorName">
<interp inst="t18421212-name-62" type="gender" value="male"/>
<interp inst="t18421212-name-62" type="surname" value="TRUSFORD"/>
<interp inst="t18421212-name-62" type="given" value="JAMES"/>James Trusford</persName> </p>
<hi rend="italic">Sixth Jury.</hi> </p>
<persName id="t18421212-name-63" type="jurorName">
<interp inst="t18421212-name-63" type="gender" value="male"/>
<interp inst="t18421212-name-63" type="surname" value="CANT"/>
<interp inst="t18421212-name-63" type="given" value="GEORGE WILLIAM"/>George William Cant</persName> </p>
<persName id="t18421212-name-64" type="jurorName">
<interp inst="t18421212-name-64" type="gender" value="male"/>
<interp inst="t18421212-name-64" type="surname" value="TIBBETTS"/>
<interp inst="t18421212-name-64" type="given" value="JOHN"/>John Tibbetts</persName> </p>
<persName id="t18421212-name-65" type="jurorName">
<interp inst="t18421212-name-65" type="gender" value="male"/>
<interp inst="t18421212-name-65" type="surname" value="GOODMAN"/>
<interp inst="t18421212-name-65" type="given" value="THOMAS"/>Thomas Goodman</persName> </p>
<persName id="t18421212-name-66" type="jurorName">
<interp inst="t18421212-name-66" type="gender" value="male"/>
<interp inst="t18421212-name-66" type="surname" value="BELL"/>
<interp inst="t18421212-name-66" type="given" value="JOSEPH"/>Joseph Bell</persName> </p>
<persName id="t18421212-name-67" type="jurorName">
<interp inst="t18421212-name-67" type="gender" value="male"/>
<interp inst="t18421212-name-67" type="surname" value="WARD"/>
<interp inst="t18421212-name-67" type="given" value="JAMES"/>James Ward</persName> </p>
<persName id="t18421212-name-68" type="jurorName">
<interp inst="t18421212-name-68" type="gender" value="male"/>
<interp inst="t18421212-name-68" type="surname" value="HAWKINS"/>
<interp inst="t18421212-name-68" type="given" value="SAMUEL"/>Samuel Hawkins</persName> </p>
<persName id="t18421212-name-69" type="jurorName">
<interp inst="t18421212-name-69" type="gender" value="male"/>
<interp inst="t18421212-name-69" type="surname" value="BARRETT"/>
<interp inst="t18421212-name-69" type="given" value="JAMES"/>James Barrett</persName> </p>
<persName id="t18421212-name-70" type="jurorName">
<interp inst="t18421212-name-70" type="gender" value="male"/>
<interp inst="t18421212-name-70" type="surname" value="BAKER"/>
<interp inst="t18421212-name-70" type="given" value="MARK"/>Mark Baker</persName> </p>
<persName id="t18421212-name-71" type="jurorName">
<interp inst="t18421212-name-71" type="gender" value="male"/>
<interp inst="t18421212-name-71" type="surname" value="EVANS"/>
<interp inst="t18421212-name-71" type="given" value="WILLIAM"/>William Evans</persName> </p>
<persName id="t18421212-name-72" type="jurorName">
<interp inst="t18421212-name-72" type="gender" value="male"/>
<interp inst="t18421212-name-72" type="surname" value="BELCHER"/>
<interp inst="t18421212-name-72" type="given" value="JOHN"/>John Belcher</persName> </p>
<persName id="t18421212-name-73" type="jurorName">
<interp inst="t18421212-name-73" type="gender" value="male"/>
<interp inst="t18421212-name-73" type="surname" value="DENNIS"/>
<interp inst="t18421212-name-73" type="given" value="JOHN"/>John Dennis</persName> </p>
<persName id="t18421212-name-74" type="jurorName">
<interp inst="t18421212-name-74" type="gender" value="male"/>
<interp inst="t18421212-name-74" type="surname" value="BAKER"/>
<interp inst="t18421212-name-74" type="given" value="JOHN"/>John Baker</persName> </p>
<xptr type="pageFacsimile" doc="184212120005"/>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">HUMPHERY, MAYOR</hi>.
<hi rend="smallCaps">SECOND SESSION</hi>.</p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—Two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—An obelisk</hi> (†)
<hi rend="italic">that a prisoner is known to be the associate of bad characters.</hi> </p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, December</hi> 12
<hi rend="italic">th,</hi> 1842.</p>
<hi rend="italic">First Jury, before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18421212-281">
<interp inst="t18421212-281" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-281" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-281-charge-1" targOrder="Y" targets="def1-281-18421212 t18421212-281-offence-1 t18421212-281-verdict-1"/>
<persName id="def1-281-18421212" type="defendantName">
<interp inst="def1-281-18421212" type="gender" value="male"/>
<interp inst="def1-281-18421212" type="surname" value="JAMES"/>
<interp inst="def1-281-18421212" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM JAMES</hi> </persName> was indicted
<rs id="t18421212-281-offence-1" type="offenceDescription">
<interp inst="t18421212-281-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18421212-281-offence-1" type="offenceSubcategory" value="perjury"/>for wilful and corrupt perjury.</rs> </p>
<hi rend="smallCaps">MR. CLARKSON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18421212-name-76" type="witnessName">
<interp inst="t18421212-name-76" type="gender" value="male"/>
<interp inst="t18421212-name-76" type="surname" value="COTTER"/>
<interp inst="t18421212-name-76" type="given" value="WALTER"/>WALTER COTTER</persName> </hi>. I am clerk of the judgments in the Court of Queen's Bench—I produce the book in which the entries of the judgments appear—there has been a judgment signed in the cause of Watts against Wittenbury, on the 27th of Aug. 1842; it was signed on a Judge's order and has since been struck out by a Judge's order—I have the order here—S. H. Williams appears to be the attorney.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HORRY</hi>.
<hi rend="italic">Q.</hi> That is merely a book in which you make memorandums of judgments?
<hi rend="italic">A.</hi> That is the only book in which judgments were entered at that time.</p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> Is that the proceeding upon which the plaintiff was at liberty to issue execution?
<hi rend="italic">A.</hi> Yes, certainly—after an order was made to erase it, it would be impossible to make out a judgment-roll.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-77" type="witnessName">
<interp inst="t18421212-name-77" type="gender" value="male"/>
<interp inst="t18421212-name-77" type="surname" value="GIBBS"/>
<interp inst="t18421212-name-77" type="given" value="SAMUEL"/>SAMUEL GIBBS</persName> </hi>. I am one of Mr. Justice Cresswell's clerks—I produce an order of Lord Denman, in the cause of "Watts and Wittenbury"—it was ordered to be impounded by Mr. Justice Cresswell, before whom the case was heard on a motion to set aside the judgment—on hearing the proceed
<lb/>ings he ordered the summonses, orders, and affidavits, to be impounded, which I produce.</p>
<hi rend="italic">The documents being read, were as follows:</hi>—An order, dated 26th of Aug. 1842, stating, that upon hearing the attorneys or agents on both sides, and by consent, upon payment of 5
<hi rend="italic">l</hi>. due from the defendant to the plaintiff, together with 3
<hi rend="italic">l</hi>. agreed costs forthwith, all further proceedings should be stayed; that in case of default, the plaintiff should be at liberty to sign final judgment with all costs.—A summons of Mr. Justice Patteson, dated the 5th of Sept., 1842, for the plaintiff to attend chambers, to show cause why the judgment should not be set aside; the said order having been fraudulently obtained, &c. &c.—Also an order of Mr. Justice Cresswell, dated the 16th of Sept. 1842, (on hearing counsel for the plaintiff, and the attorney or agent for the defendant, and reading the affidavits,) directing the judgment to be set aside with costs; also the writ of
<hi rend="italic">capias</hi> issued on such judgment, and</p>
<xptr type="pageFacsimile" doc="184212120006"/>
<p>that the sheriff pay back to the defendant 12
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. levied under the said writ, and the plaintiff to pay the costs.")</p>
<hi rend="smallCaps">MR. GIBBS</hi>. Among the affidavits impounded is one made by William James.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-78" type="witnessName">
<interp inst="t18421212-name-78" type="gender" value="male"/>
<interp inst="t18421212-name-78" type="surname" value="COLEMAN"/>
<interp inst="t18421212-name-78" type="given" value="JOSEPH FREDERICK"/>JOSEPH FREDERICK COLEMAN</persName> </hi>. I am one of the clerks of Mr. Justice Cresswell—I generally attend in the room with him—this affidavit was sworn before Mr. Justice Cresswell on the 13th of Sept.—I administered the oath—I will not undertake to say that I recollect the prisoner—I was in at
<lb/>tendance on the hearing of the case—Mr. Justice Cresswell directed the order of Lord Denman's, which he set aside, to be impounded, it would otherwise have been in the hands of the plaintiff—the affidavits are filed as a matter of course.</p>
<hi rend="italic">Cross-examined. Q.</hi> You have no recollection of any of the parties who attended the summons?
<hi rend="italic">A.</hi> Yes—I do not know Mr. Williams the attor
<lb/>ney, I saw his clerk—I cannot say whether I did or did not see the prisoner—I can only speak to two gentlemen, one of whom was very much pock
<lb/>marked, and the other gentleman I see here now.</p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> Do not you recollect Mr. Horry attending for the plaintiff?
<hi rend="italic">A.</hi> Mr. Hony did attend during the vacation—I do not know whether it was in this case or not.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-79" type="witnessName">
<interp inst="t18421212-name-79" type="gender" value="male"/>
<interp inst="t18421212-name-79" type="surname" value="FIRSBY"/>
<interp inst="t18421212-name-79" type="given" value="GODFREY"/>GODFREY FIRSBY</persName> </hi> (
<hi rend="italic">City police-inspector.</hi>) I have known the prisoner three years—he was in my division of the police about ten months—I have seen him write, and believe this affidavit to be his handwriting.</p>
<hi rend="italic">Cross-examined. Q.</hi> Where have you seen him write?
<hi rend="italic">A.</hi> In signing the pay-sheets, when I have paid him his salary—he signed two sheets a week—I paid him every other week—sometimes persons do receive money for other parties, but then they sign their own names, as receiving it for the person—I have seen him sign his name—that is my only meant of know
<lb/>ing his writing—I should say the signature to this affidavit was his.</p>
<p>The affidavit of the prisoner, which was dated the 13th of Sept., deposed that on the 26th of Aug. he accompanied Wittenbury, whom he knew, to the office of Samuel Hanson Williams, No. 5, Charlotte-place, Woolwich; and that he (the prisoner) delivered a summons to stay and pay forth with, when he saw Williams and hit clerk, which Mr. Williams agreed to, and indorsed on the summons, such consent accordingly, together with 3
<hi rend="italic">l</hi>. costs—that he (the prisoner) and Wittenbury went to London, drew up the order, and served the same at the office of Williams on his clerk on the same day—that Wittenbury, at the same time, expressed his gratitude that it was settled, and that the amount should be paid that night.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-80" type="witnessName">
<interp inst="t18421212-name-80" type="gender" value="male"/>
<interp inst="t18421212-name-80" type="surname" value="WITTENBURY"/>
<interp inst="t18421212-name-80" type="given" value="JAMES CALEB"/>JAMES CALEB WITTENBURY</persName> </hi>. I am a builder, and live at Blackheath—I bought a horse of a person named Watts—I paid for it, but there was 5
<hi rend="italic">l</hi>. left to see whether the horse turned out right, and if it did, I was to pay it; but it turned out very bad indeed, and I never paid the 5
<hi rend="italic">l</hi>.—I was served with this copy of a writ of summons on the 16th of Aug.—I handed it next morn
<lb/>ing to my attorneys, Messrs. Forsyth and Rivolta, to defend the action—I ascertained from them, that by the practice of the Court of Queen's Bench no proceedings could be taken on that writ of summons until after the 24th of Oct.—I never heard one word either of or from the plaintiff or his attorney from the time I received the copy of the writ of summons until my person was taken in execution by Joshua Morris, the sheriff's officer—in order to prevent my being detained in prison, I paid the amount, 12
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. to the officer, for which he afterwards brought me a receipt—next morning I in
<lb/>structed my attorneys to search the office, and ascertain how this had hap
<lb/>pened, and to take out summonses to set aside the judgment—I was present</p>
<xptr type="pageFacsimile" doc="184212120007"/>
<p>at the hearing of the summons on the 16th of Sept. before Mr. Justice Crese
<lb/>well—Mr. Horry appeared for Watts—the affidavits of Junes, Simmers, and Williams were read—I do not know whether there was say affidavit of Watts—I never saw the defendant until I saw him in this Court to-day—he never accompanied me on the 26th of last Aug., or at any other time, to the office of Mr. Samuel Hanson Williams—I never saw William to my know
<lb/>ledge—the prisoner never did, in my presence, or to my knowledge, either on the 26th of Aug., or on any other occasion, deliver any summons in the action of Watts and Wittenbury to Williams, to stay and pay forthwith, or my summons of any sort or kind whatever—this copy of the writ of sum
<lb/>mons is all I received—no such interview took place—Williams did not, in my presence, or to my knowledge, aft my request, of with my consent, agree and consent to any such summons in that or any other action, nor did Williams, to my knowledge, at hit office, or in my presence, indorse on the summons such consent—I never was at his office—I lever agreed to pay the amount of the debt and 3
<hi rend="italic">l</hi>. or any sum of money for costs in the action, I never accompanied the defendant, or went, out of his company, to London, and drew up any order in that action to stay and pay forth with or any other outer—I never went with or without the prisoner, nor did any person, to my knowledge, serve any order whatever at Williams's office, on his clerk, or any other person, either at has office or any other place, at that or any other time—I never, in the prisoner's presence or absence, expressed to Williams, his clerk, or any other person, my gratitude that the case was settled, or say that the amount should be paid that night—I never used any expressions to that effect, either there or anywhere else—Friday is the market-day at Chelmsford—in Aug. last I was engaged; in erecting a pump-room and other buildings for Mr. Forsyth, at Hockley, in Essex, which is thirty-six miles from White Chapel church—on Wednesday night, the 24th of Aug., I slept at the White Hart at Hawkwell, which is the adjoining parish to Hockley—I returned on Thursday night to sleep at the same place—on Friday morning, the 26th of Aug., I breakfasted at the White-hart, at Hawkwell, with Mr. Parr, the lands lord, and after breakfast I accompanied Mr. Parr in his cart to Chelmsford—we got there about twelve o'clock—we dined together at an eating house in Chelmsford about half-past one—after dinner we went into the market about buying some sheep—I left Chelmsford to come to Leaden shout half past four, by the coach that goes to the train—Mr. Parr accompanied me to the coach—we never parted company the whole day—I came by the coach to Brentford, and then by the railway—I got to London about half-past six—I have never had any communication whatever, either before or since my arrival in London, either with the prisoner, or Williams, or Simmers, his clerk.</p>
<hi rend="italic">Cross-examined. Q.</hi> I believe you have indicted Simmers?
<hi rend="italic">A.</hi> Yes, and Williams, separately, for perjury—I was present at the hearing of the sum
<lb/>mons, and saw you there—I do not know Williams—I saw a person who an
<lb/>swered to the name of Simmers, sign his name on the back of the summons—I do not know hew many affidavits were sworn on my part—I only swore to my own—Mr. Eager, chief clerk to Messrs. Forsyth and Rivolta, was present, and he explained to the Judge—I cannot say whether an affidavit of sis was read—I do not know whether it was or not—I saw the Judge read mine—I saw my name on it—he looked at several affidavits besides mine, affidavits that you brought, I suppose—(
<hi rend="italic">On reference to the order, it appeared to be drawn up "on reading the affidavits of Wittenbury, Williams, Simmers, and the prisoner"</hi>)—John Watts is the person who sued me, as I suppose—his name is on the copy of the writ of summons—I was taken in execution on Monday, the 29th of</p>
<xptr type="pageFacsimile" doc="184212120008"/>
<p>August, and I immediately paid the sheriff's officer three 5
<hi rend="italic">l</hi>. notes—he did not have me in custody more than a quarter of an hour—I was taken at my own house, at Blackheath, sitting at tea with my family, and I went next morning, before ten o'clock, to Messrs. Forsyth and Rivolta—I intended to go before the Judge directly, with the clerk, and the matter was put off for a week, on a something about filing affidavits, at the request of the other side—I went into Essex on the Wednesday morning, by coach, from the Bull Inn, Aldgate—I have a very large job at Hockley, and generally go there once week—the job has been in progress about three months and a fortnight from the present time—I have been there several times since the 26th of August, but not so often lately, because the job is drawing to a close—I went frequently before the 26th—I did not always go on one particular day in the week—it depended on what business I had there, whether my employers, the architect, or the foreman of the works, wanted me there—I always slept at home when I was not on that job, that being the only country one I had then—I went there on the Wednesday in question, in consequence of a letter I received from the architect, Mr. Lockie, of No. 19, Southampton-street, Fitzroy-square, to meet him there—I have the letter at home in my iron chest—I saw it yesterday—I looked at it specially—I mostly have letters when I go down—I had been down the week before, in consequence of a disturbance with my men—I should say I had been down every week from the beginning of the job—I do not keep a diary—my book will show the days I go down into the country—I have not got it here—it is kept at Hockley, and when I go down I sign my expenditure—I have not shown that book to anybody else—I have since looked at it.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you look at it to refresh your memory as to the days on which you were down there?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">MR. HORRY</hi>.
<hi rend="italic">Q.</hi> When did you do that last?
<hi rend="italic">A.</hi> About a fortnight age—when I go down I square the accounts with my foreman, and that bears the date of the day on which I come down, and the day on which I return—that book would tell me the days I was there, and when I departed—I know a person of the name of Munyard—I never saw him but a few times in my life—it was Munyard that served this notice on me—I never spoke to him before that—I have not indicted him for a conspiracy—I have casually heard that he is indicted here.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-81" type="witnessName">
<interp inst="t18421212-name-81" type="gender" value="male"/>
<interp inst="t18421212-name-81" type="surname" value="COLEMAN"/>
<interp inst="t18421212-name-81" type="given" value="JOSEPH FREDERICK"/>JOSEPH FREDERICK COLEMAN</persName> </hi>
<hi rend="italic">re-examined.</hi> The Judge attends in Cham
<lb/>bers two days in the week, Tuesdays and Fridays, from eleven o'clock until the business is disposed of—that sometimes happens to be as late as four or half-past four, or it might be five o'clock.</p>
<hi rend="smallCaps">CURRY</hi>. I am one of the officers of the Lord Chief Justice of the Court of Queen's Bench. This order is dated the 26th of August—at that time I should think none of the Judges of the Queen's Bench were in town—the summons would have been attended at eleven o'clock in the forenoon, in vacation—the order in this case would have been by consent, consequently they would not have gone before a Judge—they might be before a Judge as late as half-past three—we are very seldom so late as six—the Chief Justice very seldom attends so late—I should say they could not be before a Judge later than half-past three or four.</p>
<hi rend="italic">Cross-examined. Q.</hi> Sometimes one Judge attends at chambers, and sometimes another, during the circuit?
<hi rend="italic">A.</hi> Yes—we are never certain of any Judge in particular—I should say Lord Denman was not in town at this time—he certainly was not at chambers—half-past three o'clock is the usual time of leaving.</p>
<xptr type="pageFacsimile" doc="184212120009"/>
<hi rend="smallCaps">
<persName id="t18421212-name-82" type="witnessName">
<interp inst="t18421212-name-82" type="gender" value="male"/>
<interp inst="t18421212-name-82" type="surname" value="M'MILLAN"/>
<interp inst="t18421212-name-82" type="given" value="JAMES"/>JAMES M'MILLAN</persName> </hi>. I attend from the office of the Sheriff of Kent I produce a writ of summons, dated the 16th of August, 1842, issued at the apparent instance of Watts against Wittenbury—it was lodged at the office on the 27th of August last—I took it in—I forwarded the writ
<hi rend="italic">ca-sa</hi> issued upon that to Joshua Morris the officer, by post.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-83" type="witnessName">
<interp inst="t18421212-name-83" type="gender" value="male"/>
<interp inst="t18421212-name-83" type="surname" value="MORRIS"/>
<interp inst="t18421212-name-83" type="given" value="JOSHUA"/>JOSHUA MORRIS</persName> </hi>. I am one of the officers of the Sheriff of Kent I ar
<lb/>rested the person of Mr. Wittenbury, by virtue of a warrant on that writ, which I produce, on the 29th of August, at his own house—the writ was satis
<lb/>fied by the payment of 12
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>., according to the endorsement on the writ—the charges were 10
<hi rend="italic">l</hi>., 15
<hi rend="italic">s</hi>. the levy; a guinea for officers' fee; 10
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., poundage; and 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., discharge money—that was paid to me at once—I afterwards attended the Judges' chambers, on the hearing of this summons, to set aside the proceedings—I saw the prisoner, for the first time, at the chambers that day—in consequence of the Judge's order, I afterwards paid back the 12
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. I had received, to Messrs. Forsyth and Rivolta.</p>
<hi rend="italic">Cross-examined. Q.</hi> I do not understand you to say that you saw the prisoner before the Judge?
<hi rend="italic">A.</hi> No, not in the apartment where his Lordship was, but in the hall of the chambers—I do not know Mr. Samuel Hanson Williams, of Woolwich—his name is not very well known about Woolwich—I never heard his name—he does not live at No. 5, Charlotte-place—Mun-yard lives there—I know Munyard perfectly well—he was before the Judge the second time—I do not know that he was there the first time.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Then are we to understand that Williams does not live when he describes himself to live, but that Munyard does live there?
<hi rend="italic">A.</hi> Munyard lives at the place named in this writ, and I never heard of Mr. Williams re
<lb/>siding there at all—I did not see Munyard at the chambers at the time I was ordered to repay the money—I know his person very well—Mr. Williams was not there—Simmers, his clerk, attended for him—I never saw the pri
<lb/>soner till I saw him there, and never afterwards till he was brought in before his Lordship to be committed on the warrant for this indictment—I happened to be at chambers that day—I saw him in conversation with Simmers in the hall when the order was made by the Judge to discharge these proceedings—Mr. Eager was there, and Mr. Wittenbury.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-84" type="witnessName">
<interp inst="t18421212-name-84" type="gender" value="male"/>
<interp inst="t18421212-name-84" type="surname" value="PARR"/>
<interp inst="t18421212-name-84" type="given" value="STEPHEN"/>STEPHEN PARR</persName> </hi>. In August last I kept the White Hart, at Hawk well, in Essex—I know Mr. Wittenbury—I recollect his going to Chelmsford market with me perfectly well—it was on Friday, the 26th of August—he had slept at my house the night before (Thursday,) and also on Wednesday night—he dined with me on the Thursday at Rochester market—he breakfasted along with me on Friday morning, and after breakfast we went together in my horse and cart to Chelmsford market—we got there about eleven o'clock, and dined at an eating-house close by the Black Boy, at Chelmsford—after dinner we went into the market together, and did business—I bought eight sheep—I do not believe Mr. Wittenbury was absent from me ten minutes all day till I saw him on the coach—I am not able to say the name of the coach, but I went to the coach-office, and saw him go off by the coach that went from Chelmsford about half-past four o'clock, as near as I can guess—I do not re
<lb/>member his being away from me all day—I do not believe he was absent from me ten minutes—he went to market with me, and continued with me.</p>
<hi rend="italic">Cross-examined. Q.</hi> Does Mr. Wittenbury always sleep at your house when he comes down to that part?
<hi rend="italic">A.</hi> He always did at the time I had the house—I have known him ever since he has been building Hockley Spa, (not longer,) when he came down to see after his men—I am not able to say how often I have seen him in the course of a month—I forget whether or not</p>
<xptr type="pageFacsimile" doc="184212120010"/>
<p>he was at my house the week before—he was there in Sept.—I was not there in Nov.—I left the house then—he did not send me word when he was coming down—he used to come down to see after his business—I never kept any particular account of his coming or going, but that day, the 26th of Aug., I noticed his going to market with me, and doing business there, which my market-book will show—he has been with roe at other markets, but never at Chelmsford market, except that one day—I did not make a memorandum in my book that he accompanied me to Chelmsford market that day—I have frequently done business at Chelmsford market—at different times—I cannot say whether or not he has been at my house, on other market days besides the 26th of Aug.—I know he was with me on the 26th—he has been with me at different times before and since then—I have here a copy from my market book of the purchase of cattle I made that day—I cannot say when I was first applied to to become a witness—I think it was about a fortnight ago—I had a subpoena, and was not able to attend—I had received notice of this trial before that—I recollect, some time in Sept, Mr. Wittenbury asking me what day of the month it was that he went to Chelmsford market with me—he never said anything at all about his being arrested—I went and looked at my market-book, and said, "On the 26th of Aug., sir"—he said, "Very well, I don't know whether I am likely to get into trouble or not abort that day," and that was all he laid to me about it—I was not applied to to make an affidavit at that time.</p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> Do you recollect sending up to Messrs. Forsyth and Rivolta a statement of what you could prove?
<hi rend="italic">A.</hi> Yes—this is it—(
<hi rend="italic">looking at a paper</hi>)—it is not my writing, but this is my signature to it—it is dated the 39th of Sept.—that was about the time Mr. Wittenbury first communi
<lb/>cated to me.</p>
<hi rend="smallCaps">
<rs id="t18421212-281-verdict-1" type="verdictDescription">
<interp inst="t18421212-281-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-281-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18421212-281-punishment-1" type="punishmentDescription">
<interp inst="t18421212-281-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18421212-281-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-281-18421212 t18421212-281-punishment-1"/>Confined Six Months</rs>, and
<rs id="t18421212-281-punishment-2" type="punishmentDescription">
<interp inst="t18421212-281-punishment-2" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-281-18421212 t18421212-281-punishment-2"/>Transported for Seven Years</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18421212-282">
<interp inst="t18421212-282" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-282" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-282-charge-1" targOrder="Y" targets="def1-282-18421212 t18421212-282-offence-1 t18421212-282-verdict-1"/>
<persName id="def1-282-18421212" type="defendantName">
<interp inst="def1-282-18421212" type="gender" value="male"/>
<interp inst="def1-282-18421212" type="age" value="33"/>
<interp inst="def1-282-18421212" type="surname" value="ADAMSON"/>
<interp inst="def1-282-18421212" type="given" value="PETER"/>
<hi rend="largeCaps">PETER ADAMSON</hi> </persName> was indicted
<rs id="t18421212-282-offence-1" type="offenceDescription">
<interp inst="t18421212-282-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18421212-282-offence-1" type="offenceSubcategory" value="other"/>for a misdemeanor.</rs> </p>
<hi rend="smallCaps">MESSRS. CLARKSON</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">DOANE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18421212-name-86" type="witnessName">
<interp inst="t18421212-name-86" type="gender" value="male"/>
<interp inst="t18421212-name-86" type="surname" value="HERON"/>
<interp inst="t18421212-name-86" type="given" value="JOHN"/>JOHN HERON</persName> </hi>. I have been out of business since I came from Scotland, which was at the end of June last—I am now living in Bridge-road, Lambeth—I lived for some time with my cousin, William Heron, in Brunswick-street, Dover-road, In July I received 400
<hi rend="italic">l</hi>.—that was a subject of conversation at my cousin's—I first saw the prisoner there on the 29th of July—at that time I intended going out to Texas—I had a long conversation with the prisoner about that, and told him that I intended to go there—he told me that he knew a great deal about the country; that he could have been appointed Consul to it some years ago, but he was acquainted with the consul—he said if I would call on him he would give me a great deal of information about it, and would introduce me to the Texan Consul—he gave me his card of ad
<lb/>dress, and I called upon him on the Monday afterwards, at an office in Broad-street—that was in pursuance of the address on the card—we talked abort Texas again—he said he would take me to the Texan Consul's, in Fen-church-street; but when we got there, I found it was a land-agent's office—I went with him. to some wise merchants' and other houses of business, that he said he had to call upon—as we were walking along, he said he had come from Leith in May last, with the intention of emigrating to Melbourne, Port Philip, and that he had been making arrangements with a number of mer
<lb/>chants, friends that he had here, and other parties, to go there—he spoke to me about a Mr. James Smith, who, he said, was going to be his partner, but that he had been putting off and delaying his time for three weeks, and he offered that I should stand in Smith's place, and be his partner—(I know</p>
<xptr type="pageFacsimile" doc="184212120011"/>
<p>Smith, he is not a friend of my cousin's, but I have teen him there)—he said he had got letters from Lord Stanley, giving him the appointment of Government Emigration Agent at Melbourne, Port Philip, with a salary of 600
<hi rend="italic">l</hi>. a-year, and if I accepted his proposal of partnership, and advanced him 200
<hi rend="italic">l</hi>. as a bonus, I should have a third share with him of the emigration agentship, and of the other business which he would have in that colony—I said I would speak to my friends on the subject—he said, if I entertained the proposal, I was not to consult with any one, and that I was quite competent to judge of it for myself—and then he specifically said that I was not to consult with my cousin or Mr. William Smith—I said I should wish to write to Scotland, to consult some of my friends there—he said he had already lost too much time with Mr. Smith; that he had several valuable consignments depending on his going off shortly, and that therefore he could not allow me to write to Scot
<lb/>land, as I must give him my answer is two days—I then said that I would think of it, and would see him, at any rate, at the end of the two days—he then took me down to his lodging, in the Mile End-road, and read me several letters from the Hon. Mr. Murray, Queen's Consul at Melbourne, with whom he said he was very intimate, and who wished him to enter into partnership with him there—I staid at his lodging till about eight o'clock—I was there for about three or four hours—I had a little wine—I was to see him again in two days, and give him my answer—on the 4th of August I called at the office in Broad-street, and saw him—it is Mr. M'Queen's office—the prisoner used to get his letters left there, as Mr. M'Queen was in Scotland, and the prisoner had the use of hit room—I told him that I had been too unwell to give his pro
<lb/>posal due consideration, and therefore I could not decide yet—he said it would be folly for roe to think of going anywhere else than to Melbourne, where I had such good prospects before me; that he had this appointment from Lord Stanley, of 600
<hi rend="italic">l</hi>. a-year, and that I, having one-third a-year, should have my 200
<hi rend="italic">l</hi>. repaid in the first year, besides the profits of the business—he said I must either decide then or give it up altogether; and on this assurance I accepted it.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> On what assurance?
<hi rend="italic">A.</hi> The assurance of Jus having that situation.</p>
<hi rend="smallCaps">MR. DOANE</hi>.
<hi rend="italic">Q.</hi> Did he say anything more on that occasion, about any letters from Lord Stanley?
<hi rend="italic">A.</hi> Not that I recollect—he then said it would: be necessary to have o partnership deed drawn up—I proposed that the so
<lb/>licitors who had got the money out of Chancery for me should draw it up—the prisoner said that feds own solicitors were new employed by him in rece
<lb/>vering some money due from the Spanish Government, that they were most respectable people, that I must allow them to draw it up, and he would look after them himself—I had to consent to that, and he said that ad the drawing up of the deed, he would show me the letters of appointment, and give me the names of various houses—he called on me on the 6th of Aug., with a draft of the proposed partnership—I was too ill to go out—he read it over so me—I objected to the first part, which stated that he had for some time past carried on the business of a commission merchant and agent in Port Philip—(
<hi rend="italic">the deed of partnership being put in, stated that the prisoner had for some time carried on the profession, or business, of commission merchant or agent, at Melbourne, in Port Philip</hi>)—that was the part I objected to—he said that Mr. Hughes, hit at
<lb/>torney, had introduced that, and that it was all necessary—I wished him to leave it with me that I might read it over more carefully—he said he had promised to leave it at Messrs. Overton and Hughes that night, to get it en
<lb/>grossed, as he must have the business settled immediately, and he took it away with him—on the morning of the 9th, a messenger came to me, and in</p>
<xptr type="pageFacsimile" doc="184212120012"/>
<p>consequence of what he said, I went to Broad-street, where I was to meet the prisoner—he was not there—I was to go on to the attorneys, Messrs. Overton and Hughes, No. 25, Old Jewry, and I found him there—also Mr. Hughes and Mr. Ramsay, a wine-broker, who was the messenger the prisoner had sent to me—Mr. Hughes read over to me the deed produced—the prisoner stated that I objected to that part which I have mentioned—I should have objected, but he stated it for me—Mr. Hughes asked him if he had made any consignments to Melbourne—he said he had, and he said it was all right then—the prisoner and I then signed it—Mr. Hughes asked if I had given the money to Mr. Adamson—I said, no—he said I should have done so—I had not got it with me—I said I did not understand that I was to pay it that day—I then walked out with the prisoner, and we went on to the London and Westminster Bank, in Threadneedle-street—I asked the prisoner why we were going there, and he said, to have my money, the 200
<hi rend="italic">l</hi>.—I told him my money was not there, it was at the Bloomsbury Branch—that was my 400
<hi rend="italic">l</hi>. which I had got out of Chancery—my deposit receipt for that money was at my lodging—the prisoner said as he had given a receipt for it, he must have the money paid now—I said I was not aware the money was to have been paid that day, that I was too ill to go there about it—he. then hired a
<hi rend="italic">cab</hi>—we drove first to my lodging, and got the receipt, and then to the Bloomsbury Branch, and drew out my 400
<hi rend="italic">l</hi>.—we then went to the London and Westminster Bank, in Threadneedle-street, where the money was paid in—I gave the prisoner a bank-note for 200
<hi rend="italic">l</hi>.—he paid it into the London and Westminster Bank—he had no account there, but he opened an account with that 200
<hi rend="italic">l</hi>.—I saw him pay the 200
<hi rend="italic">l</hi>. note I gave him into the London and West
<lb/>minster Bank—I also opened a separate account with my 200
<hi rend="italic">l</hi>.—the 200
<hi rend="italic">l</hi>. note I gave him I had got from the Bloomsbury Branch—I accepted it at a 200
<hi rend="italic">l</hi>. note, and paid it to him as such.</p>
<hi rend="italic">Q.</hi> Should you have paid him that bank-note unless you had believed that he had got this appointment from Lord Stanley, of Government Emigration Agent, at Port Philip, and that it was worth 600
<hi rend="italic">l</hi>. a-year?
<hi rend="italic">A.</hi> No, I should not—I then went to the London Docks with the prisoner to look at some wines which he said he intended purchasing—I was not very well, and went home—he said he would call on me in two days at my lodging, and show me his letters of appointment—he did not call on me, and I wrote to him—I did not see him again Until the 24th, when I called at Mr. M'Queen's office, is Broad-street, where his letters were addressed—I took down two letters which I found there, addressed to him—one was from Lord Stanley—it was marked "Stanley" in the corner—I called at his lodging, and gave those letters to him—I asked why he had never called—he said he had been much engaged in his own private business—I asked if he had done anything in our business, and he had done nothing—I asked what was in this letter from Lord Stanley—he said there seemed to be a mistake in it, as Lord Stanley stated then that there was no vacancy, but he knew there was a vacancy, and that he should yet get the situation—that was the first time I beard that he had not got it—nothing more transpired about the matter on that occasion—my sus
<lb/>picions were aroused by his telling me there was no vacancy, and I commu
<lb/>nicated to my cousin, William Heron, what had happened—I called on the prisoner again on the 31st of Aug.—I told him I had received such informa
<lb/>tion as led me to believe I had been deceived, and I wished from him to know the truth of it—he said that anything that had been said against him was false, that he had left Scotland, and paid all his debts, and every thing else—he said at that time that he had no appointment—I said I had been led into this by his stating to me that he had the appointment, and that he was</p>
<xptr type="pageFacsimile" doc="184212120013"/>
<p>to leave in three weeks, and now that I saw he had no prospect of leaving at all, I wished my money back, as he had neither consignments, or done any
<lb/>thing—he stated to me that he had no consignments, and that he had no ap
<lb/>pointment, that he was only going about it then, making a plea that I had been ill—he would not return me my money—he subsequently offered to give me a bill of 1002. at six months, and have the agreement cancelled—I was in communication with my friends at that time, and declined.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PRENDIRGAST</hi>.
<hi rend="italic">Q.</hi> Did not you apply to an attor
<hi rend="italic">A.</hi> Afterwards, in September, I did, and he wrote to Mr. Hughes—nothing was done till the case was brought before the Lord Mayor—negocia
<lb/>tions were going on—I went before the Lord Mayor, Sir John Pirie, in Nov., and got a summons issued, and the prisoner appeared to the summons—I was examined two or three different times—I did not say that I saw a letter ad
<lb/>dressed to Mr. La Trobe—I did not see a letter addressed to Mr. La Trobe, or to the Superintendent or Governor of Port Philip.</p>
<hi rend="italic">Q.</hi> Was the prisoner's representation to you this, that he had obtained letters from Lord Stanley, the Colonial Secretary, to the Governor of Port Philip, to give him the appointment of emigration agent there, a situation of 600
<hi rend="italic">l</hi>. a year?
<hi rend="italic">A.</hi> No—the expression I used before Mr. Alderman Gibbs was, "Securing him a situation as emigration agent for 600
<hi rend="italic">l</hi>. a year"—the first statement he made was at my cousin's, where he stated that he had an appointment from Lord Stanley—it was on the 24th that he told me he had got letters from Lord Stanley to the governor to give him the situation—that was not the statement he made to me at first—he said that he had letters of appointment, not that he had letters from Lord Stanley, directing or request
<lb/>ing the governor to give him the appointment—I have never made any state
<lb/>ment different from that which I am now making—during my walk with him, after he had been at my cousin's, he told me that he had been a wine-mer
<lb/>chant and agent at Leith, and Government emigration agent to the Australian colonies—that was before I parted with my money—I do not know that he has been an agent for the Australian colonies, except from his own words—I have not inquired at Leith as to bow that is—I have not sent to make any inquiries about his being an emigration agent—I sent to make inquiries about the way he left Leith, about his taking some money from there.</p>
<hi rend="italic">Q.</hi> Now, on the same occasion of his telling you that he had been Govern
<lb/>ment emigration agent for the Australian colonies, at Leith, did he not tell you that he had got letters from Lord Stanley to the Governor of Port Philip to appoint him emigration agent there?
<hi rend="italic">A.</hi> He told me he had letters front Lord Stanley appointing him emigration agent there; letters of appointment to the Governor of Port Philip, not letters to appoint him; the appointment is made here—he said that the letters appointed him to the situation; that he had the appointment; that they were letters which gave him the appointment, not to appoint him—I will swear that he represented to me that he had the appointment.</p>
<hi rend="italic">Q.</hi> Did he not tell you that he considered it quite as good as an appoint
<lb/>ment, and that it was the same thing as an appointment?
<hi rend="italic">A.</hi> No—he said that on the 24th, when he said there was no vacancy, he said the letters were as good as an appointment—I called with him at three or four wine-merchants', and different places—he appeared to be known there—he did not tell me that the appointment was in the gift of the governor—he told me that he was appointed here, that he had letters of appointment addressed to the governor.</p>
<hi rend="italic">Q.</hi> When he first made any representation to you, were not his words these, "I have letters to the Governor of Port Philipto appoint me to the situation of emigration agent"?
<hi rend="italic">A.</hi> No, appointing him—he said the letters</p>
<xptr type="pageFacsimile" doc="184212120014"/>
<p>to the governor ensured him the appointment; that they were letters of ap
<lb/>pointment addressed to the governor, ensuring him the appointment—he as
<lb/>sured me that he had the situation—I cannot swear to the exact words he made use of, hut he assured me that he had the appointment; he made me understand so—he said he had letters of appointment—I cannot say that he always used the same words—the first time I saw him at my cousin's, he said he had an appointment—the next time, when I saw him in Broad-street, he told me that he had this appointment; that he was at present on terms with Mr. Smith to enter into partnership, but if Mr. Smith did not agree with him he would then make me a proposal—I understood that there had been a negociation between him and Mr. Smith—I never met the prisoner at Smith's brother's—Mr. Hughes read over the deed at full length before I signed it, but he never consulted me before that—I have been employed in Scotland as a clerk to a corn-merchant about three years, and have also been about eight months in a distillery.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-87" type="witnessName">
<interp inst="t18421212-name-87" type="gender" value="male"/>
<interp inst="t18421212-name-87" type="surname" value="STANLEY"/>
<interp inst="t18421212-name-87" type="given" value="EDWARD GEOFFREY,"/>THE RIGHT HON. EDWARD GEOFFREY, LORD STANLEY</persName> </hi>. I am Her Ma
<lb/>jesty's Secretary of State for the Colonial department I never gave any letters to the prisoner, or wrote any letters for him, giving him the appoint
<lb/>ment of emigration agent at Melbourne, Port Philip, or appointing him emi
<lb/>gration agent—I do not know what the salary of emigration agent at Port Philip is—an application has been made to me officially on the subject of as appointment for the prisoner, but I had entirely forgotten the case, until I was called upon to give evidence—I am aware, by papers which I now hold in my hand, of an application for an appointment having been made in favour of the prisoner—I can tell, by reference to these letters, when the prisoner was written to in answer to that application—I have no recollection, except what I derive from these documents.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-88" type="witnessName">
<interp inst="t18421212-name-88" type="gender" value="male"/>
<interp inst="t18421212-name-88" type="surname" value="BOSANT"/>
<interp inst="t18421212-name-88" type="given" value="FREDERICK"/>FREDERICK BOSANT</persName> </hi>. I am acting as attorney for this prosecution. On the 3rd of Dec. last I served a true copy of this notice on the prisoner the moment he pleaded to this indictment—(
<hi rend="italic">this was a notice to produce a letter dated the 30th of June,</hi> 1842.)</p>
<hi rend="smallCaps">LORD STANLEY</hi>
<hi rend="italic">re-examined.</hi> I have here an office copy of that letter sent on that day—I can hardly say it was written; it is a common lithograph form of introduction, where nothing but the names and the signature are written—it is dated the 30th of June, 1842, addressed to Mr. La Trobe—it was written in consequence of a letter previously applying to my under-secretary, Mr. Hope, for a letter of introduction in favour of the prisoner, upon which instruc
<lb/>tions are given on the back, "Give introduction accordingly"—this is not my handwriting—it bears my office seal, and I have no doubt it was directed for me by some gentleman in the office—the letter would be signed by me, and probably directed in the office—any person, in whose favour a respectable per
<lb/>son known in the office, (either to myself or the under-secretary,) makes an application, would have no difficulty in obtaining a letter of introduction, which would merely be understood to state that he is a person respectably connected, and going out to settle—(
<hi rend="italic">His Lordship here opened a letter, from himself, produced by the prisoner's Counsel, directed, "C. J. La Trobe, Esq., Port Philip, in favour of Mr. Adamson." dated</hi> 30
<hi rend="italic">th June,</hi> 1842;
<hi rend="italic">it was a letter of introduction, stating that Adamson had been recommended to him by Sir George Clerk, but that he did not intend to fetter his choice of candi
<lb/>dates for the public service</hi>)—this is a lithographic form—the appointment of emigration agent, I believe, rests with the Secretary of State; but in the event of a vacancy, the Governor would on the spot fill up the appointment provisionally—without my approbation the appointment would not be valid</p>
<xptr type="pageFacsimile" doc="184212120015"/>
<p>—I have an office copy of a letter, dated 22nd August, addressed by
<hi rend="italic">my</hi> private secretary, Colonel Wilbraham, to Mr. Peter Adamson.</p>
<hi rend="italic">Cross-examined. Q.</hi> You know nothing about that copy?
<hi rend="italic">A.</hi> No.—
<hi rend="smallCaps">MUNDAY</hi>. I am a clerk in the Colonial Office. I produce a letter from the prisoner, dated the 10th of August, inclosed to Mr. Forbes—the letter dated the 22nd of August, of which this, is a copy, was forwarded to the prisoner.</p>
<hi rend="italic">Cross-examined. Q.</hi> How do you know it was forwarded?
<hi rend="italic">A.</hi> I have ascertained it from the office.</p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> Was this letter from the prisoner inclosed to the office by Mr. Forbes when he made this application on his part?
<hi rend="italic">A.</hi> It was.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-89" type="witnessName">
<interp inst="t18421212-name-89" type="gender" value="male"/>
<interp inst="t18421212-name-89" type="surname" value="HERON"/>
<interp inst="t18421212-name-89" type="given" value="JOHN"/>JOHN HERON</persName> </hi>
<hi rend="italic">re-examined.</hi> This letter is the prisoner's handwriting.—(
<hi rend="italic">This letter being ready was dated the</hi> 10
<hi rend="italic">th of August,</hi> 1842,
<hi rend="italic">No.</hi> 37,
<hi rend="italic">Old Broad street, and signed Peter Adamson, addressed to William Forbes, Esq., M. P., stating, that although the minor appointments in Australia were filled up by the Governor, yet such an appointment as emigration agent was received from the Colonial Office here; and that if the Government declined giving the appointment, a letter of recommendation to the Governor, Sir George Gibbs, would be of very great im
<lb/>portance. The postscript was as follows. "I observe that Mr. Hope, Sub
<lb/>Colonial Secretary, is now in town. I was introduced to this gentleman by Sir George Clerk some time ago, and he was kind enough to give me a letter of introduction to Superintendent La Trobe, but I suspect it was only recommending me to his civilities,</hi> &
<hi rend="italic">c."</hi>)</p>
<hi rend="smallCaps">MR. MUNDAY</hi>
<hi rend="italic">re-examined.</hi> The present emigration agent at Port Philip has a salary of 150
<hi rend="italic">l</hi>. a year—I do not know his name—there is no vacancy—no vacancy has been reported to the Colonial Secretary since Lord Stanley has been in office—I have the letter of Mr. Forbes inclosing the prisoner's letter—(
<hi rend="italic">This letter was dated the 15th of August,</hi> 1842,
<hi rend="italic">to Col. Wilbraham, recommending the prisoner as a fit person for emigration agent at Port Philip, having formerly filled a similar situation at Leith with credit</hi>)—a letter was written from the office to the prisoner, in answer to Mr. Forbes's application, and forwarded to him on the 22nd of August.</p>
<hi rend="italic">Cross-examined. Q.</hi> How do you know it was forwarded?
<hi rend="italic">A.</hi> It was entered in our books—I did not put the letter into the post, nor did I direct the letter—this is the copy—(
<hi rend="italic">This was from Col. Wilbraham, dated the 22nd of August,</hi> 1842,
<hi rend="italic">informing the prisoner that no official intimation had been received of any vacancy, and that there were several candidates for such appointments upon Lord Stanley's list.</hi>)</p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> Has there been any other correspondence or commu
<lb/>nication with the prisoner on the subject of that situation?
<hi rend="italic">A.</hi> Not that I am aware of.</p>
<hi rend="smallCaps">MR. PRENDERGAST</hi> to
<hi rend="smallCaps">LORD STANLEY</hi>.
<hi rend="italic">Q.</hi> May I ask whether the pri
<lb/>soner's name is inserted in your list of candidates?
<hi rend="italic">A.</hi> I conclude, of course, that it is, but that list is kept by my private secretary—upon an application being made, he notes it, and the person by whom it is made; and when the office is vacant I look through the list of candidates, and select accordingly—I conclude that no other person besides Sir George Clerk and Mr. Forbes applied on the prisoner's behalf—as the letters are put together, and there are no more forthcoming.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-90" type="witnessName">
<interp inst="t18421212-name-90" type="gender" value="male"/>
<interp inst="t18421212-name-90" type="surname" value="HERON"/>
<interp inst="t18421212-name-90" type="given" value="WILLIAM"/>WILLIAM HERON</persName> </hi>. I am the prosecutor's cousin, and am a commercial agent, living in Branston-street, Commercial-road. On the 26th of July I was at the house of Mr. William Smith, in the Minories, and was then intro
<lb/>duced to the prisoner for the first time—nothing particular occurred on that occasion—I saw him again, on the 29th, at my own house—my cousin was</p>
<xptr type="pageFacsimile" doc="184212120016"/>
<p>there part of the time—I introduced the prisoner to him—on that occasion the prisoner stated the whole of his prospects, and among others, that he had the appointment of emigration agent at Port Phillip secured to him by letters from Lord Stanley, and that he was about to join in partnership with Mr. James Smith—my cousin spoke of his intention of going to Texas—the prisoner offered his services to give him all the information regarding Texas—my cousin mentioned his having just received 400
<hi rend="italic">l</hi>., and I mentioned it—that was all that transpired then—on the 31st of August my cousin communicated to me what he had done.</p>
<hi rend="italic">Cross-examined. Q.</hi> Were you present at more than one interview between your cousin and the prisoner?
<hi rend="italic">A.</hi> Only one—I have known Smith inti
<lb/>mately for twenty years—the prisoner was making a negociation with Smith, which went off—I do not know that my cousin was very ill during Augt. but not seeing him from the 9th till the 31st, it is impossible for me to say—I did not look after him—I had no reason to apprehend that he was ill—his health is generally delicate—I did not think that he was well able to manage himself—I knew where he was living—I never called, but during that time I was a fortnight out of town.</p>
<p>(Samuel Jackson, secretary to the Union Bank of Australia;—Lona
<lb/>gan, of No. 34, Great Winchester-street; Thomas Wallis, of No. 48, Fen-church-street; Charles William Ramsbottam, of Dunster-court, Mincing-lane;—Dubosk, of Fenchurch-street; George Palmer, of No. 20, Mark-lane; Robert Dodd Wheeler, manager of the South Australian Bank; Thomas Christie, tea-dealer, Aldgate; and Robert Selby, of Devonshire-road, Wands
<lb/>worth-road; deposed to the prisoner's good character.)</p>
<rs id="t18421212-282-verdict-1" type="verdictDescription">
<interp inst="t18421212-282-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-282-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>. Aged 33. Strongly recommended to mercy by the Jury on account of his good character.—</rs>
<rs id="t18421212-282-punishment-3" type="punishmentDescription">
<interp inst="t18421212-282-punishment-3" type="punishmentCategory" value="noPunish"/>
<interp inst="t18421212-282-punishment-3" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-282-18421212 t18421212-282-punishment-3"/>
<hi rend="italic">Judgment Respited.</hi> </rs> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, December</hi> 13
<hi rend="italic">th</hi> 1842.</p>
<hi rend="italic">Second Jury, before Mr. Recorder,</hi> </p>
<div1 type="trialAccount" id="t18421212-283">
<interp inst="t18421212-283" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-283" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-283-charge-1" targOrder="Y" targets="def1-283-18421212 t18421212-283-offence-1 t18421212-283-verdict-1"/>
<persName id="def1-283-18421212" type="defendantName">
<interp inst="def1-283-18421212" type="gender" value="male"/>
<interp inst="def1-283-18421212" type="surname" value="TAYLOR"/>
<interp inst="def1-283-18421212" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS TAYLOR</hi> </persName> was indicted
<rs id="t18421212-283-offence-1" type="offenceDescription">
<interp inst="t18421212-283-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18421212-283-offence-1" type="offenceSubcategory" value="embezzlement"/>for embezzlement.</rs> </p>
<hi rend="smallCaps">MR. BALLANTINE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18421212-name-92" type="witnessName">
<interp inst="t18421212-name-92" type="gender" value="male"/>
<interp inst="t18421212-name-92" type="surname" value="BIRT"/>
<interp inst="t18421212-name-92" type="given" value="GEORGE"/>GEORGE BIRT</persName> </hi>. I am a grocer, and live in the Old Bailey. On the 20th of Augt. the prisoner came to my shop, and I paid him 1
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>. for goods supplied by Mr. Little, his master—I took a receipt for it, which I produce.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> Do you distinctly recollect hit person?
<hi rend="italic">A.</hi> Yes, I do.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-93" type="witnessName">
<interp inst="t18421212-name-93" type="gender" value="male"/>
<interp inst="t18421212-name-93" type="surname" value="LITTLE"/>
<interp inst="t18421212-name-93" type="given" value="JAMES WORTHING"/>JAMES WORTHING LITTLE</persName> </hi>. I am a starch-manufacturer and live in Holborn. On the 20th of Augt. the prisoner was in my employ—Mr. Birt is a customer of mine—the prisoner accounted to me for 15
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. that day as received of Birt—he never accounted for the remainder of the 1
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>.</p>
<hi rend="italic">Cross-examined. Q.</hi> Have you your books here?
<hi rend="italic">A.</hi> Yes—I do not know that I have made more mistakes in my accounts than other people are liable to—there was a sum paid by a Mr. Law, which I imagined had not been paid to me, but on reference to my books I found it—I said at first I had received none of it, but my books were correct—the prisoner left me in the middle of Nov.—he was in the service of myself and one Saunders up to the 26th of July, when we dissolved partnership—I think this letter (
<hi rend="italic">looking at one</hi>) is Mr. Saunders's handwriting—the prisoner did not leave me on the 26th of Oct.—I was in constant communication with him when he was at my counting-house.</p>
<xptr type="pageFacsimile" doc="184212120017"/>
<hi rend="italic">Q.</hi> Did he come to you at Chelmsford? and did yon tell him to get in all the money he could? and did he bring you 15
<hi rend="italic">l</hi>.?
<hi rend="italic">A.</hi> I think he did—(
<hi rend="italic">referring to the books</hi>)—that was on the 22nd of Oct.—he paid me about that sum—I went with him in search of another person—I think it was on the 23rd of Nov.—I did not tell him, if he could get any case against the other party, I would hold him harmless—he said he knew where he was—I said, if he did not give the party in charge, I should proceed against him—he was in our employ from the beginning of May until the 26th of July, when the partnership dissolved—he is married and I believe he has no family.</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> When you went to look for the other party, had the prisoner mentioned any person's name?
<hi rend="italic">A.</hi> Yes, and attributed to that per
<lb/>son certain acts of robbery—I found there was reason to suspect the prisoner also—it was on that account I prosecuted him—at the time I went in com
<lb/>pany with him I did not know all the facts I am now acquainted with.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-94" type="witnessName">
<interp inst="t18421212-name-94" type="gender" value="male"/>
<interp inst="t18421212-name-94" type="surname" value="FINK"/>
<interp inst="t18421212-name-94" type="given" value="JOHN"/>JOHN FINK</persName> </hi>. I am a policeman. I took the prisoner in charge—he said he was very sorry such proceedings should be taken against him; he was then just going to a friend to come to some arrangement with Mr. Little.</p>
<hi rend="smallCaps">
<rs id="t18421212-283-verdict-1" type="verdictDescription">
<interp inst="t18421212-283-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18421212-283-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18421212-284">
<interp inst="t18421212-284" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-284" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-284-charge-1" targOrder="Y" targets="def1-284-18421212 t18421212-284-offence-1 t18421212-284-verdict-1"/>
<persName id="def1-284-18421212" type="defendantName">
<interp inst="def1-284-18421212" type="gender" value="male"/>
<interp inst="def1-284-18421212" type="surname" value="TAYLOR"/>
<interp inst="def1-284-18421212" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS TAYLOR</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18421212-284-offence-1" type="offenceDescription">
<interp inst="t18421212-284-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18421212-284-offence-1" type="offenceSubcategory" value="embezzlement"/>for embezzlement.</rs> </p>
<hi rend="smallCaps">
<persName id="t18421212-name-96" type="witnessName">
<interp inst="t18421212-name-96" type="gender" value="male"/>
<interp inst="t18421212-name-96" type="surname" value="LAW"/>
<interp inst="t18421212-name-96" type="given" value="JAMES"/>JAMES LAW</persName> </hi>. I am a grocer and live in Broad-street, Golden-square. On the 12th of July I paid the prisoner 12
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>. on account of Mr. Little, and took his receipt—it was two accounts, 5
<hi rend="italic">s</hi>. and 7
<hi rend="italic">s</hi>. 1 1/2
<hi rend="italic">d</hi>—he gave me two receipts, both on account of Saunders and Little.</p>
<hi rend="italic">Cross-examined. Q.</hi> Have you a personal recollection of having paid him the sums?
<hi rend="italic">A.</hi> Perfectly, I saw him sign the receipts; one was for patent starch, supposed to be Indian corn.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-97" type="witnessName">
<interp inst="t18421212-name-97" type="gender" value="male"/>
<interp inst="t18421212-name-97" type="surname" value="LITTLE"/>
<interp inst="t18421212-name-97" type="given" value="JAMES WORTHING"/>JAMES WORTHING LITTLE</persName> </hi>. On the 12th of July I was in partnership with Mr. Saunders; the prisoner was in our service., On the 18th of July he ac
<lb/>counted to me for 7
<hi rend="italic">s</hi>. received from Mr. Law—he said nothing about the 6
<hi rend="italic">s</hi>., and he never accounted to me for it—it is still unpaid.</p>
<hi rend="italic">Cross-examined. Q.</hi> This is the sum you made a mistake about at first?
<hi rend="italic">A.</hi> Yes—the entry in the book is my own—the prisoner was paid by a com
<lb/>mission—my clerk receives money for me, and it was his duty to enter sums he received from the commission agents—the prisoner did not have a com
<lb/>mission on what he sold, but on what was paid for—the commission account had been overdrawn—I have lent him money, more than the amount of the commission.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-98" type="witnessName">
<interp inst="t18421212-name-98" type="gender" value="male"/>
<interp inst="t18421212-name-98" type="surname" value="GILES"/>
<interp inst="t18421212-name-98" type="given" value="EDWARD"/>EDWARD GILES</persName> </hi>. I am clerk to the prosecutor—I never received the 5
<hi rend="italic">s</hi>. from Mr. Law—the prisoner never accounted to me for it.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did any other person receive money in your absence?
<hi rend="italic">A.</hi> No—only Mr. Little—if I was absent the money would not be received—Mr. Saunders had the power of receiving money when he was there.</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> If he received sums of money from particular tradesmen, would it be his duty to reserve part of it, and only pay part?
<hi rend="italic">A.</hi> Certainly not—he would have to give up the whole sum he had received.</p>
<hi rend="smallCaps">MR. LITTLE</hi>
<hi rend="italic">re-examined.</hi> On the dissolution of partnership I was to receive the outstanding debts—this was my money from the beginning of the concern—we were partners, but I had the whole and sole control of the money—Saunders had an equal profit, but it was my money originally—I discovered this had not been received about the end of July, when I called on Mr. Law for the remaining account—the prisoner was in my employ for months after I discovered this, but I was given to understand it was received</p>
<xptr type="pageFacsimile" doc="184212120018"/>
<p>by a man named Postan—I did not know the prisoner had received it—I asked Mr. Law to whom he had paid it, he said to Taylor—I questioned Taylor about it, and he said he had not received it, but it was received by the old man (Postan)—I then considered the prisoner innocent.</p>
<hi rend="smallCaps">
<rs id="t18421212-284-verdict-1" type="verdictDescription">
<interp inst="t18421212-284-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18421212-284-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18421212-285">
<interp inst="t18421212-285" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-285" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-285-charge-1" targOrder="Y" targets="def1-285-18421212 t18421212-285-offence-1 t18421212-285-verdict-1"/>
<persName id="def1-285-18421212" type="defendantName">
<interp inst="def1-285-18421212" type="gender" value="male"/>
<interp inst="def1-285-18421212" type="surname" value="TAYLOR"/>
<interp inst="def1-285-18421212" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS TAYLOR</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18421212-285-offence-1" type="offenceDescription">
<interp inst="t18421212-285-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18421212-285-offence-1" type="offenceSubcategory" value="other"/> for a misdemeanor.</rs> </p>
<hi rend="smallCaps">
<rs id="t18421212-285-verdict-1" type="verdictDescription">
<interp inst="t18421212-285-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18421212-285-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18421212-286">
<interp inst="t18421212-286" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-286" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-286-charge-1" targOrder="Y" targets="def1-286-18421212 t18421212-286-offence-1 t18421212-286-verdict-1"/>
<persName id="def1-286-18421212" type="defendantName">
<interp inst="def1-286-18421212" type="gender" value="male"/>
<interp inst="def1-286-18421212" type="age" value="50"/>
<interp inst="def1-286-18421212" type="surname" value="POSTAN"/>
<interp inst="def1-286-18421212" type="given" value="ANDREW"/>
<hi rend="largeCaps">ANDREW POSTAN</hi> </persName> was indicted
<rs id="t18421212-286-offence-1" type="offenceDescription">
<interp inst="t18421212-286-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18421212-286-offence-1" type="offenceSubcategory" value="fraud"/>for a misdemeanor.</rs> </p>
<hi rend="smallCaps">MR. BALLANTINE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18421212-name-101" type="witnessName">
<interp inst="t18421212-name-101" type="gender" value="male"/>
<interp inst="t18421212-name-101" type="surname" value="CANE"/>
<interp inst="t18421212-name-101" type="given" value="BENJAMIN"/>BENJAMIN CANE</persName> </hi>. I am a grocer, and live in Skinner-street, Somers-town. On the 27th of Aug. I was in the service of Mr. White, who I have suc
<lb/>ceeded—in May, June, and Aug. the prisoner called on me to solicit orders—he said he came from Saunders and Little, and that his name was Thomas Taylor—I did not know there was a person of that name in Little's employ
<lb/>ment—I gave him orders at different times amounting to 17
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., and was supplied with the goods—on the 29th of Aug. he called, and I paid him 12
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>., deducting 6
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>. for goods I had supplied to him—he said those goods were for himself—when I supplied him with the goods I believed that his name was Taylor, and that he was in Mr. Little's service—he had told me that he came from Saunders and Little, that he was a commission traveller to sell starch for them, and he sold other things for other parties.</p>
<hi rend="italic">Prisoner. Q.</hi> Did not the goods ordered go to Mr. Little's house?
<hi rend="italic">A.</hi> I sent them by my man—I have no reason to believe they did not arrive—it was coffee, sugar, and tea—you ordered them for yourself, as I supposed—you said, "Send them to Mr. Taylor, and you said that was your name—you signed "J. Taylor on the bill I paid you.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-102" type="witnessName">
<interp inst="t18421212-name-102" type="gender" value="female"/>
<interp inst="t18421212-name-102" type="surname" value="SANDON"/>
<interp inst="t18421212-name-102" type="given" value="SARAH"/>SARAH SANDON</persName> </hi>. I am a grocer, and live in Great Warner-street, Clerk
<lb/>enwell. In July last the prisoner called at my shop, and said he called from Saunders and Little—he did not tell me his name—I gave him an order—he called again on the 3rd of Sept., and I paid him 8
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>. for the goods—I did that from his stating that he came from Saunders and Little—he wrote a re
<lb/>ceipt without signing a name to it.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-103" type="witnessName">
<interp inst="t18421212-name-103" type="gender" value="male"/>
<interp inst="t18421212-name-103" type="surname" value="GISSING"/>
<interp inst="t18421212-name-103" type="given" value="SAMUEL"/>SAMUEL GISSING</persName> </hi>. I am an oilman, and live in Hamilton-row, Bagnigge
<lb/>wells. In Sept. the prisoner left an account of Mr. Little of 7
<hi rend="italic">s</hi>. 10 1/2
<hi rend="italic">d</hi>.—he called again on the 30th of Sept., and I paid him the money—he signed this receipt, "J. T." only—I believed him to be the servant of Saunders and Little—he had represented himself so—he had given me no name—he called several times, saying he was servant to Saunders and Little.</p>
<hi rend="italic">Prisoner.</hi> I said I called for orders for them—I did not say I represented Saunders and Little.
<hi rend="italic">Witness.</hi> I cannot exactly charge my memory with what he said—he called for the account, and brought me a printed bill in the name of Saunders and Little.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-104" type="witnessName">
<interp inst="t18421212-name-104" type="gender" value="male"/>
<interp inst="t18421212-name-104" type="surname" value="LITTLE"/>
<interp inst="t18421212-name-104" type="given" value="JAMES WORTHING"/>JAMES WORTHING LITTLE</persName> </hi>. I am a starch manfacturer in High Holborn. I never saw the prisoner till the day I apprehended him, on the 23rd of Nov.—I never authorised him to obtain orders for me—I never authorised Taylor or anybody to employ him—no grocery ever came to me from White—had he brought orders to my house I should have known it before they would be ex
<hi rend="smallCaps">
<persName id="t18421212-name-105" type="witnessName">
<interp inst="t18421212-name-105" type="gender" value="male"/>
<interp inst="t18421212-name-105" type="surname" value="FINK"/>
<interp inst="t18421212-name-105" type="given" value="JOHN"/>JOHN FINK</persName> </hi>. I took the prisoner in charge—I told him the charge—he said he was very sorry, but he was not the only party, they were others quit as had as himself.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you mention that before the Magistrate?
<hi rend="italic">A.</hi> Yes—</p>
<xptr type="pageFacsimile" doc="184212120019"/>
<hi rend="italic">looking at his deposition</hi>)—this is my signature—it was read over to me be
<lb/>fore I signed it—(
<hi rend="italic">read—"when I apprehended him, Mr. Little told him it was for embezzlement and he made no answer"</hi>)—it was going to the station that he laid this.</p>
<hi rend="italic">Prisoner's Defence.</hi> I was employed by Taylor—I never received a farthing for myself.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-106" type="witnessName">
<interp inst="t18421212-name-106" type="gender" value="male"/>
<interp inst="t18421212-name-106" type="surname" value="TAYLOR"/>
<interp inst="t18421212-name-106" type="given" value="THOMAS"/>THOMAS TAYLOR</persName> </hi> (
<hi rend="italic">the former prisoner.</hi>) I employed the prisoner to get orders, but never to receive money—I employed him to get orders in my name—I know he has received money, because I heard it from Mr. Little, but I did not know he had received it till afterwards—I did not represent to him that I was authorised from Mr. Little to employ him—Mr. Little knew nothing of his being employed—the prisoner knew that Mr. Little was not aware of his being employed by me—he was employed during my absence—I was out of town a good deal, soliciting orders, and he minded my business during my absence—I was over anxious about the business—he got a printed receipt-book out of my place—I did not furnish him with it—I really cannot say whether these bills were given to him by me or not—there are other tra
<lb/>vellers, and the bills were divided according to the way we took—the goods at times were given to me, and I have given them to another party, as be was taking that round—the prisoner got these bills through me or another party—a person named Strutton was employed by the prosecutor—I do not swear that I did not give the prisoner these bills.</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Did not you tell Mr. Little that you had given him bills, and that he had received money?
<hi rend="italic">A.</hi> In the country I did, not in town—I told him he had bills to collect for me in the country—I said he had received accounts in town—I gave information against the prisoner re
<lb/>specting the accounts he had received.</p>
<rs id="t18421212-286-verdict-1" type="verdictDescription">
<interp inst="t18421212-286-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-286-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>. Aged 50.—
<hi rend="italic">Recommended to mercy by the Jury and Prosecutor.</hi> </rs>
<hi rend="italic">
<rs id="t18421212-286-punishment-4" type="punishmentDescription">
<interp inst="t18421212-286-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18421212-286-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-286-18421212 t18421212-286-punishment-4"/>Confined Three Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18421212-287">
<interp inst="t18421212-287" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-287" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-287-charge-1" targOrder="Y" targets="def1-287-18421212 t18421212-287-offence-1 t18421212-287-verdict-1"/>
<persName id="def1-287-18421212" type="defendantName">
<interp inst="def1-287-18421212" type="gender" value="male"/>
<interp inst="def1-287-18421212" type="surname" value="COYLE"/>
<interp inst="def1-287-18421212" type="given" value="THOMAS HOLBROOK"/>
<hi rend="largeCaps">THOMAS HOLBROOK COYLE</hi> </persName> was indicted
<rs id="t18421212-287-offence-1" type="offenceDescription">
<interp inst="t18421212-287-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18421212-287-offence-1" type="offenceSubcategory" value="other"/>for a misdemeanor.</rs> </p>
<hi rend="smallCaps">
<rs id="t18421212-287-verdict-1" type="verdictDescription">
<interp inst="t18421212-287-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18421212-287-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, December</hi> 14
<hi rend="italic">th,</hi> 1842.</p>
<hi rend="italic">Third Jury, before Edward Bullock, Esq.</hi> </p>
<div1 type="trialAccount" id="t18421212-288">
<interp inst="t18421212-288" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-288" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-288-charge-1" targOrder="Y" targets="def1-288-18421212 t18421212-288-offence-1 t18421212-288-verdict-1"/>
<persName id="def1-288-18421212" type="defendantName">
<interp inst="def1-288-18421212" type="gender" value="male"/>
<interp inst="def1-288-18421212" type="age" value="17"/>
<interp inst="def1-288-18421212" type="surname" value="PORTER"/>
<interp inst="def1-288-18421212" type="given" value="MATTHEW"/>
<hi rend="largeCaps">MATTHEW PORTER</hi> </persName> was indicted
<rs id="t18421212-288-offence-1" type="offenceDescription">
<interp inst="t18421212-288-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18421212-288-offence-1" type="offenceSubcategory" value="simpleLarceny"/>for stealing, on the
<rs id="t18421212-cd-1" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18421212-288-offence-1 t18421212-cd-1"/>6th of Dec</rs>, 1 pair of trowsers, value 4
<hi rend="italic">s</hi>.; the goods of
<persName id="t18421212-name-109" type="victimName">
<interp inst="t18421212-name-109" type="gender" value="male"/>
<interp inst="t18421212-name-109" type="surname" value="ATTENBOROUGH"/>
<interp inst="t18421212-name-109" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18421212-288-offence-1 t18421212-name-109"/>George Attenborough</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18421212-name-110" type="witnessName">
<interp inst="t18421212-name-110" type="gender" value="male"/>
<interp inst="t18421212-name-110" type="surname" value="ROSE"/>
<interp inst="t18421212-name-110" type="given" value="JOHN"/>JOHN ROSE</persName> </hi>. I am shopman to George Attenborough, a pawnbroker, of Compton-street, St. Pancras. These trowsers are his property.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-111" type="witnessName">
<interp inst="t18421212-name-111" type="gender" value="female"/>
<interp inst="t18421212-name-111" type="surname" value="TAYLOR"/>
<interp inst="t18421212-name-111" type="given" value="MARY"/>MARY TAYLOR</persName> </hi>. I live in Kenton-street. On the 6th of Dec., between twelve and one o'clock, I saw the prisoner take the trowsers off the rail out
<lb/>side Mr. Attenborough's door, and run round the corner—I gave information.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-112" type="witnessName">
<interp inst="t18421212-name-112" type="gender" value="male"/>
<interp inst="t18421212-name-112" type="surname" value="TAYLOR"/>
<interp inst="t18421212-name-112" type="given" value="JOHN"/>JOHN TAYLOR</persName> </hi>. My daughter told me something—I went to Aston-street, close to Kenton-street—I saw the prisoner running, and drop a bundle—I took it up and followed him, calling "Stop thief"—he was stopped, and I gave him in charged.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-113" type="witnessName">
<interp inst="t18421212-name-113" type="gender" value="male"/>
<interp inst="t18421212-name-113" type="surname" value="BELL"/>
<interp inst="t18421212-name-113" type="given" value="EDWARD"/>EDWARD BELL</persName> </hi>. I am an inspector of police—I received the prisoner in charge.</p>
<hi rend="italic">Prisoner's Defence.</hi> I saw the trowsers lying between some railings; I took them; saw a gentleman come calling, "Stop thief, and put them down.</p>
<hi rend="smallCaps">
<rs id="t18421212-288-verdict-1" type="verdictDescription">
<interp inst="t18421212-288-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-288-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 17.—
<hi rend="italic">
<rs id="t18421212-288-punishment-5" type="punishmentDescription">
<interp inst="t18421212-288-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18421212-288-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-288-18421212 t18421212-288-punishment-5"/>Confined Three Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18421212-289">
<interp inst="t18421212-289" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-289" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-289-charge-1" targOrder="Y" targets="def1-289-18421212 t18421212-289-offence-1 t18421212-289-verdict-1"/>
<xptr type="pageFacsimile" doc="184212120020"/>
<persName id="def1-289-18421212" type="defendantName">
<interp inst="def1-289-18421212" type="gender" value="male"/>
<interp inst="def1-289-18421212" type="age" value="21"/>
<interp inst="def1-289-18421212" type="surname" value="WEBBER"/>
<interp inst="def1-289-18421212" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES WEBBER</hi> </persName> was indicted
<rs id="t18421212-289-offence-1" type="offenceDescription">
<interp inst="t18421212-289-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18421212-289-offence-1" type="offenceSubcategory" value="pocketpicking"/>for stealing, on the
<rs id="t18421212-cd-2" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18421212-289-offence-1 t18421212-cd-2"/>4th of Dec</rs>., 1 handkerchief, value 5
<hi rend="italic">s</hi>.; the goods of
<persName id="t18421212-name-115" type="victimName">
<interp inst="t18421212-name-115" type="gender" value="male"/>
<interp inst="t18421212-name-115" type="surname" value="BROUGHTON"/>
<interp inst="t18421212-name-115" type="given" value="FRANCIS"/>
<join result="offenceVictim" targOrder="Y" targets="t18421212-289-offence-1 t18421212-name-115"/>Francis Broughton</persName>, from his-person.</rs> </p>
<hi rend="smallCaps">
<persName id="t18421212-name-116" type="witnessName">
<interp inst="t18421212-name-116" type="gender" value="male"/>
<interp inst="t18421212-name-116" type="surname" value="BROUGHTON"/>
<interp inst="t18421212-name-116" type="given" value="FRANCIS"/>FRANCIS BROUGHTON</persName> </hi>. I am a solicitor, and live in Falcon-square. On Sunday, the 4th of Dec, about seven o'clock in the evening, I was in Beech-street—heard a scuffle behind me, turned round, and missed my handkerchief—it was safe in my pocket about ten minutes before—I saw the prisoner and another boy, two or three yards off, at the corner of a gateway—they im
<lb/>mediately ran up the gateway as hard as they could—I pursued and caught the prisoner—I lost sight of the other—I charged the prisoner with taking my handkerchief, and sent for a policeman—a great crowd collected—I had my hat knocked off—they told him to put me down, which he tried to do, and I was obliged to use my stick—I gave him in charge—I have not found my handkerchief—at the time of the scuffle there was only those two boys—the prisoner got hold of my neckcloth, broke my pin, and tried to escape.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-117" type="witnessName">
<interp inst="t18421212-name-117" type="gender" value="male"/>
<interp inst="t18421212-name-117" type="surname" value="LEE"/>
<interp inst="t18421212-name-117" type="given" value="ALEXANDER"/>ALEXANDER LEE</persName> </hi>. I am eleven years old, and live in Cox-court. I saw the gentleman walking, and saw the prisoner put his hand into his right hand pocket, take out the handkerchief, and give it to the other boy—he and the gentleman were scuffling together afterwards, and the other boy ran away.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-118" type="witnessName">
<interp inst="t18421212-name-118" type="gender" value="male"/>
<interp inst="t18421212-name-118" type="surname" value="SMITH"/>
<interp inst="t18421212-name-118" type="given" value="JOHN"/>JOHN SMITH</persName> </hi>. I am a policeman. I was fetched, and found Mr. Brough
<lb/>ton holding the prisoner—I took him in charge.</p>
<rs id="t18421212-289-verdict-1" type="verdictDescription">
<interp inst="t18421212-289-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-289-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>. Aged 21.—
<hi rend="italic">Recommended to mercy by the Prosecutor.</hi> </rs>
<hi rend="italic">
<rs id="t18421212-289-punishment-6" type="punishmentDescription">
<interp inst="t18421212-289-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18421212-289-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-289-18421212 t18421212-289-punishment-6"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18421212-290">
<interp inst="t18421212-290" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-290" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-290-charge-1" targOrder="Y" targets="def1-290-18421212 t18421212-290-offence-1 t18421212-290-verdict-1"/>
<persName id="def1-290-18421212" type="defendantName">
<interp inst="def1-290-18421212" type="gender" value="male"/>
<interp inst="def1-290-18421212" type="age" value="30"/>
<interp inst="def1-290-18421212" type="surname" value="TILLETT"/>
<interp inst="def1-290-18421212" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES TILLETT</hi> </persName> was indicted
<rs id="t18421212-290-offence-1" type="offenceDescription">
<interp inst="t18421212-290-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18421212-290-offence-1" type="offenceSubcategory" value="simpleLarceny"/>for stealing, on the
<rs id="t18421212-cd-3" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18421212-290-offence-1 t18421212-cd-3"/>6th of Dec</rs>, 7 1/2 yards of printed cotton cloth, value 12
<hi rend="italic">s</hi>.; the goods of
<persName id="t18421212-name-120" type="victimName">
<interp inst="t18421212-name-120" type="gender" value="male"/>
<interp inst="t18421212-name-120" type="surname" value="PADDON"/>
<interp inst="t18421212-name-120" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18421212-290-offence-1 t18421212-name-120"/>Thomas Paddon</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18421212-name-121" type="witnessName">
<interp inst="t18421212-name-121" type="gender" value="male"/>
<interp inst="t18421212-name-121" type="surname" value="PADDON"/>
<interp inst="t18421212-name-121" type="given" value="THOMAS"/>THOMAS PADDON</persName> </hi>. I keep a carpet warehouse in Ratcliffe-highway. On the 6th of Dec, about half-past seven o'clock at night, I was standing in the shop outside the counter with my back to the door—I turned round, and saw the prisoner straddling with one foot into the shop as far as he could reach, and with both hands grasping a piece of cotton-cloth—before I could call out he turned round with it in his hands—I called, "Holloa,"—he ran and drop
<lb/>ped it outside the door, on the pavement, and ran across the street—I follow
<lb/>ed and collared him, on the opposite side, without losing sight of him—I said, "You thief, you have stolen a piece of cotton off the carpets in my shop" he said, "What is the matter?"—I gave him in charge—here is the property.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-122" type="witnessName">
<interp inst="t18421212-name-122" type="gender" value="male"/>
<interp inst="t18421212-name-122" type="surname" value="SMITH"/>
<interp inst="t18421212-name-122" type="given" value="ROBERT FROST"/>ROBERT FROST SMITH</persName> </hi>. I am a policeman. I took the prisoner in charge with the property—he said he did not intend to steal it, but he was drunk—he appeared to have been drinking, but was not drunk.</p>
<hi rend="italic">Prisoner's Defence.</hi> I knocked against the cloth which laid on the carpet.</p>
<hi rend="smallCaps">
<rs id="t18421212-290-verdict-1" type="verdictDescription">
<interp inst="t18421212-290-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-290-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 30.—
<hi rend="italic">
<rs id="t18421212-290-punishment-7" type="punishmentDescription">
<interp inst="t18421212-290-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18421212-290-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-290-18421212 t18421212-290-punishment-7"/>Confined Six Months</rs>.</hi> </p>
<hi rend="italic">Before Mr. Baron Alderson.</hi> </p> </div1>
<div1 type="trialAccount" id="t18421212-291">
<interp inst="t18421212-291" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-291" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-291-charge-1" targOrder="Y" targets="def1-291-18421212 t18421212-291-offence-1 t18421212-291-verdict-1"/>
<persName id="def1-291-18421212" type="defendantName">
<interp inst="def1-291-18421212" type="gender" value="male"/>
<interp inst="def1-291-18421212" type="age" value="18"/>
<interp inst="def1-291-18421212" type="surname" value="INGALL"/>
<interp inst="def1-291-18421212" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED INGALL</hi> </persName> was indicted
<rs id="t18421212-291-offence-1" type="offenceDescription">
<interp inst="t18421212-291-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18421212-291-offence-1" type="offenceSubcategory" value="rape"/>for a rape.</rs> </p>
<hi rend="smallCaps">
<rs id="t18421212-291-verdict-1" type="verdictDescription">
<interp inst="t18421212-291-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-291-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 18.—
<hi rend="italic">
<rs id="t18421212-291-punishment-8" type="punishmentDescription">
<interp inst="t18421212-291-punishment-8" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-291-18421212 t18421212-291-punishment-8"/>Transported for Life</rs>.</hi> </p>
<hi rend="italic">Before Mr. Baron Gurney.</hi> </p> </div1>
<div1 type="trialAccount" id="t18421212-292">
<interp inst="t18421212-292" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-292" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-292-charge-1" targOrder="Y" targets="def1-292-18421212 t18421212-292-offence-1 t18421212-292-verdict-1"/>
<join result="criminalCharge" id="t18421212-292-charge-2" targOrder="Y" targets="def2-292-18421212 t18421212-292-offence-1 t18421212-292-verdict-2"/>
<join result="criminalCharge" id="t18421212-292-charge-3" targOrder="Y" targets="def3-292-18421212 t18421212-292-offence-1 t18421212-292-verdict-3"/>
<hi rend="largeCaps">
<persName id="def1-292-18421212" type="defendantName">
<interp inst="def1-292-18421212" type="gender" value="male"/>
<interp inst="def1-292-18421212" type="age" value="33"/>
<interp inst="def1-292-18421212" type="surname" value="MOUNTAIN"/>
<interp inst="def1-292-18421212" type="given" value="RICHARD"/>RICHARD MOUNTAIN</persName>,
<persName id="def2-292-18421212" type="defendantName">
<interp inst="def2-292-18421212" type="gender" value="male"/>
<interp inst="def2-292-18421212" type="age" value="40"/>
<interp inst="def2-292-18421212" type="surname" value="RASON"/>
<interp inst="def2-292-18421212" type="given" value="THOMAS"/> THOMAS RASON</persName> </hi>, and
<persName id="def3-292-18421212" type="defendantName">
<interp inst="def3-292-18421212" type="gender" value="male"/>
<interp inst="def3-292-18421212" type="age" value="43"/>
<interp inst="def3-292-18421212" type="surname" value="DAVEY"/>
<interp inst="def3-292-18421212" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM DAVEY</hi> </persName> were indicted for
<rs id="t18421212-292-offence-1" type="offenceDescription">
<interp inst="t18421212-292-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18421212-292-offence-1" type="offenceSubcategory" value="manslaughter"/>feloniously killing and slaying
<persName id="t18421212-name-127" type="victimName">
<interp inst="t18421212-name-127" type="gender" value="male"/>
<interp inst="t18421212-name-127" type="surname" value="NATHAN"/>
<interp inst="t18421212-name-127" type="given" value="SAMUEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18421212-292-offence-1 t18421212-name-127"/>Samuel Nathan</persName>.</rs> </p>
<hi rend="smallCaps">MR. DOANE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18421212-name-128" type="witnessName">
<interp inst="t18421212-name-128" type="gender" value="male"/>
<interp inst="t18421212-name-128" type="surname" value="FANCOCK"/>
<interp inst="t18421212-name-128" type="given" value="PETER"/>PETER FANCOCK</persName> </hi>. I am a porter, and live in Eales-place, Great St. An
<lb/>drew's-street, Seven-dials. I knew Nathan, the deceased, by sight—on Wed
<lb/>nesday, the 23rd of Nov., I was at Foster's sale-rooms in Pall Mall, and saw the three prisoners going along the passage leading to the sale room together—I heard Rason say to the other two, "Call him out to have something to</p>
<xptr type="pageFacsimile" doc="184212120021"/>
<p>drink, and when he gets out give him it right and left"—they then went into the sale-room—in about three minutes I saw Mountain come out again, Nathan close behind, and Davey and Rason behind him—as soon as Nathan had got out of the sale-room door, Mountain struck him a tremendous blow at the corner of the eye with his fist—he fell down against the skirting Or on the floor, I am not sure which, and when he was down Mountain kicked and Struck him about the body, and the neck two or three times—Rason was close alongside Nathan at the time—Davey was not so close, but he was in the passage—while this was going on, Rason said, "Give it him, and Davey laid, "That is the way to serve him"—Mountain said he would have his b—y liver out—Nathan sung out, "Murder! am I to be murdered?"—a great many gentlemen rushed out of the sale-room—I went to look for a policeman, and when I returned he had been taken into the sale-room—I saw blood on his face, from the wound in the eye, where I had seen Mountain strike him—when I returned from looking for the policeman, Mountain was standing out
<lb/>side the street door, and he said he would serve any body else that way that used the expression that he had against him—I had not, heard Nathan use any expression—I saw Nathan again on Friday—he complained of being hurt about the body and head—I did not interfere while this was going on, as I have a wound on my head, and have had five pieces of bone taken out.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> You saw nothing until the parties were in the passage?
<hi rend="italic">A.</hi> No—Mountain said that Nathan had said some
<lb/>thing about an unnatural crime—that is all I recollect—I heard nothing said about "a * * * * gentleman," or anything of that sort—I understood him to mean an imputation of an unnatural crime.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HUDDLESTON</hi>.
<hi rend="italic">Q.</hi> Where was Davey standing at the time?
<hi rend="italic">A.</hi> About a yard from Nathan's legs, as he was lying down—a person named Hart was walking up and down outside the door, laughing—Nathan died that day fortnight—I went before the Magistrate on the Monday after the assault—I had not been talking with the other witnesses about the matter.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-129" type="witnessName">
<interp inst="t18421212-name-129" type="gender" value="male"/>
<interp inst="t18421212-name-129" type="surname" value="DAVIS"/>
<interp inst="t18421212-name-129" type="given" value="JACOB"/>JACOB DAVIS</persName> </hi>. I live in Pump-court, Westminster, and am porter in the service of Mr. Foster, of Pall-Mall. On Wednesday, the 23rd of Nov., I was in the sale-room, and saw Nathan, the three prisoners, and Hart there—I heard Rason say to Nathan, "Nathan, we are going out to have a drop of gin, come and have some"—Nathan replied that he did not want any, and he would not go out—Ranson said, "Oh, come along, it won't harm you, we are all going together"—Mountain went out of the room, Nathan followed, and Rason after—Davey and Hart went out together directly after—I afterwards heard a heavy fall in the passage—I opened the glass-door, and saw Nathan lying on his face, on the ground, in the passage, with his head against the skirting—I did not see either of the prisoners doing anything to him at that time—I afterwards saw Rason trying to keep Mountain away—he was standing under the portico of the door, with his back against him, keep
<lb/>ing him from Nathan—Mountain was in that rage that he was more like a person out of his mind than anything else—he then flew into the passage, got Nathan by the collar, pulled him over on his face, hit him in the head and shoulder, and kicked him in the side—Rason said, "Go it, give it him, serve him right"—Davey was outside, on the pavement, at that time—I did not hear him say anything—Mountain then dragged Nathan from the passage, right on to the flags of the street—I saw Davey trying to part them—some gentlemen then came out of the sale-room—Shepherd got Nathan away from Mountain's grasp, took him into the sale-room, washed his eye, and wiped the blood away.</p>
<xptr type="pageFacsimile" doc="184212120022"/>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> Did you not hear Rason say that Nathan had called Mountain a s—?
<hi rend="italic">A.</hi> I did, when he was in the passage, that was after Nathan was knocked down, and before he was taken away from Mountain's grasp.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HUDDLESTON</hi>.
<hi rend="italic">Q.</hi> Did you hear Nathan say, when asked to drink, "Drink, aye, something to drink; well,
<hi rend="italic">stand</hi> something to drink, and we will say nothing more about it?"
<hi rend="italic">A.</hi> I did not.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-130" type="witnessName">
<interp inst="t18421212-name-130" type="gender" value="male"/>
<interp inst="t18421212-name-130" type="surname" value="HARRINGTON"/>
<interp inst="t18421212-name-130" type="given" value="CHARLES"/>CHARLES HARRINGTON</persName> </hi>. I am a dealer in paintings, and live at Norwood. I was in the sale-room on the 23rd of Nov., and heard a great noise, and cry for help, in the passage—I went out and saw Nathan on the ground—Moun
<lb/>tain was with him, standing behind him, holding by the collar of the coat, and he struck him once or twice on the head before I got up to him—Nathan was in a sitting position at that time—his legs were on the ground, but his body up, and Mountain was standing over him, striking him—I then inter
<lb/>fered, and helped to get Mountain off, in conjunction with others—Nathan had a dreadful black eye, and a great deal of blood was flowing down his face.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> Did Mountain appear very angry?
<hi rend="italic">A.</hi> He did appear a great deal excited.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-131" type="witnessName">
<interp inst="t18421212-name-131" type="gender" value="male"/>
<interp inst="t18421212-name-131" type="surname" value="RADCLIFFE"/>
<interp inst="t18421212-name-131" type="given" value="EDWARD WILLIAM"/>EDWARD WILLIAM RADCLIFFE</persName> </hi>. I live with my father, who is a picture-dealer. I was at the sale-room on this occasion—I went into the passage, hearing a noise, and saw Nathan lying on the pavement, outside, and Moun
<lb/>tain had hold of his collar—I unloosed his hands—Davey pulled Mountain back—as one of the porters were picking Nathan up, I said, "How comes this?"—Davey said he had used some expression which no roan would bear—Mountain screamed out, "Yes, the old villain, I will murder him"—he was in a very great passion at the time—he was stuttering, and was some mo
<lb/>ments before he spoke—Nathan said, "No, I did not, they asked me to have something to drink"—Mountain endeavored to fly forward again at Nathan, and Davey again restrained him.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> Does Mountain stutter?
<hi rend="italic">A.</hi> Yes, at least I imagine so.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-132" type="witnessName">
<interp inst="t18421212-name-132" type="gender" value="male"/>
<interp inst="t18421212-name-132" type="surname" value="NORDAN"/>
<interp inst="t18421212-name-132" type="given" value="MARK JACOB"/>MARK JACOB NORDAN</persName> </hi>. I live in Mount-street, Westminster-road, and am a solicitor's clerk, but am not in immediate employ. I was a friend of the deceased—his name was Samuel Nathan—I saw (him on Wednesday night, the 23rd, after this occurrence—he died on the 7th of Dec.—on the Monday preceding his death. I took a statement from his lips.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-133" type="witnessName">
<interp inst="t18421212-name-133" type="gender" value="male"/>
<interp inst="t18421212-name-133" type="surname" value="BRADY"/>
<interp inst="t18421212-name-133" type="given" value="JOHN"/>JOHN BRADY</persName> </hi>. I am a surgeon. I was called in to attend the deceased on the 25th of Nov.—I found him in bed, labouring under severe contused blows and wounds about the eye, with extensive inflammation of the parts about—I continued to attend him until his death, which took place that day fortnight—I saw him on the Monday morning preceding his death—he was then in a dying state—we expected that he could not get through the night, and that was the opinion of Mr. Callaway of Guy's-hospital—I had not told him that I thought he could not live through the night—I told his wife and daughter so—I did not learn from anything he said, that he was aware of his state—he had extensive sloughing of the cellular membrane of the neck—matter was form
<lb/>ing to a very large extent under the facia of the temporal muscle, and extend
<lb/>ing behind the ear, so much so, that we were apprehensive from the inflam
<lb/>mation, that it would burst under the clavicle—there was gangrene and mor
<lb/>tification from imperfect circulation of the parts—I made a
<hi rend="italic">post-mortem</hi> exa
<lb/>mination—I found in the lateral ventricles of the brain, effusion of, not direct blood, but of a sanguinious character, blood mixed with the fluid—there was nothing else remarkable—I believe death was caused by the external inju
<lb/>ries he had received about the head, and the extensive inflammation that en
<xptr type="pageFacsimile" doc="184212120023"/>
<p>as a consequence—violent blows with a man's fist about the head would account for the appearances, and I believe that was the cause—when I first saw him, the injuries of the head were so great, and he was in such a depressed state, that I was apprehensive of danger in making any further examination—I saw no material injury about the body after death, no marks or bruises—there was extensive suppuration of the integuments under the skin on the head—matter forming and burrowing all about, extending to the occipital bone—there were two wounds on the orbit of the right eye—the extensive inflammation was an after consequence of the injury sustained—when the facia of a part takes on inflammation, it is very serious, and he was not a young man—blows would produce inflammation of the cellular membrane, which is tantamount to erysipelas—after contused blows we generally have diffused inflammation of the cellular membrane, and in this case such was the fact, without anything denoting that it was really erysipelas—it is very diffi
<lb/>cult to draw the line between diffusive inflammation and erysipelas—it is that sort of inflammation which we have after blows—if the body is not in a good state, the mischief would of course be greater—his depression was great, but he was perfectly conscious—I thought very seriously or it at first.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> When were you first called in to see the deceased?
<hi rend="italic">A.</hi> On the Friday evening, about four or five o'clock—the appearances I saw would not result from other causes besides violence—I am perfectly satisfied of that.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-134" type="witnessName">
<interp inst="t18421212-name-134" type="gender" value="male"/>
<interp inst="t18421212-name-134" type="surname" value="NORDAN"/>
<interp inst="t18421212-name-134" type="given" value="MARK JACOB"/>MARK JACOB NORDAN</persName> </hi>
<hi rend="italic">re-examined.</hi> I was with Nathan all day on Mon
<lb/>day, the 5th of Dec, and the night preceding—it was about five o'clock in the evening when I took his statement—I told him I was about putting cer
<lb/>tain questions to him, and begged be would answer me truly; but previous to putting these questions, I would ask him whether he believed he should recover from the injuries he received—he said, "I don't believe I shall re
<lb/>cover"—in the course of conversation he said, "What I have stated is the truth, and I believe myself to be in a dying state"—I then took down in writing a statement which he made; and after I had done so, I read it over to him—I then assisted him up in bed, and he made his mark to it—I believe that at that time be did consider himself to be in a dying state—David Na
<lb/>than, one of his sons, was present at the time—a person named Harris was there at the time I read it over, and previous to his signing it, but not at the time he made it—this is the statement—(
<hi rend="italic">reads</hi>)—"On last Wednesday week, Nov. 23rd, I was at Foster's auction-rooms, in Pall-mall; Rason, the man with one arm, came in, and asked me to come out to have something to drink. Davey was with Nason at the time. I went out with them; and as soon as I got into the passage, Mountain struck me on the eye, which knocked me down. Rason was the second person that struck me. I am sure that Davey also struck me. I am certain that Rason struck me the second blow. Hart was there, and said, '
<hi rend="italic">Serve</hi> him out.' I do not recollect Rason or Davey try
<lb/>ing to take me away from Mountain. I did not accuse Mountain of unna
<lb/>tural practices, nor did I ever tell any person that Mountain got his living by * * * *; nor did I tell Mountain that he got his living by * * * *; nor did I speak to cither Mountain, Rason, Davey, or Hart, that day. I make this statement, believing myself to be in a dying state"—after I read it over, I and Harris signed it—before I took this statement down I advised the deceased's sons to go before a Magistrate, to endeavour to get a Magistrate to tike it down—I did not go myself.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> Did you get this information from him by putting questions to him?
<hi rend="italic">A.</hi> Yes—I believe he was fifty-nine years old.</p>
<xptr type="pageFacsimile" doc="184212120024"/>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18421212-name-135" type="witnessName">
<interp inst="t18421212-name-135" type="gender" value="male"/>
<interp inst="t18421212-name-135" type="surname" value="HILL"/>
<interp inst="t18421212-name-135" type="given" value="THOMAS"/>THOMAS HILL</persName> </hi>. I am a tailor, and live in Marlborough-row, Marlborough-street. I was in Foster's auction-room on the 23rd of Nov.—the three pri
<lb/>soners, Hart, and Nathan, were in the room—I saw Rason go and speak to Mountain, and saw them talking together in the room—I then saw them go from the left-hand side of the room to the right, where the fire-place was—Nathan was near the fire-place, and Mountain said to him, "Did you say that I was a * * * * gentleman?"—Nathan said, "Yes, you are a s——, you know you are; it is right enough"—Mountain turned to Rason, and said, "You hear what he says, and you know I am not"—he appeared very angry and very excited—he asked Rason to go out and state the case to a police
<lb/>man, for him to give Nathan into custody—Rason and Mountain went out together to state the case to a policeman—they came in again in about a quarter of an hour or twenty minutes, and Mountain went to the left-hand side of the room—Nathan went across to him, and nudging him with his finger, said, "How is your temper now? what I said is right enough; it is right enough; you know you are so"—Mountain turned to Rason, and said, "
<hi rend="italic">Tom,</hi> I can't stand this any longer; I must go and have something to drink"—Nathan said, "Oh, something to drink; aye, something to drink;
<hi rend="italic">stand</hi> something to drink, and we will say no more about it"—Rason went towards the door leading to the passage, followed by Mountain, Nathan next, and Davey next—I fol
<lb/>lowed close behind Davey—I saw Mountain turn round, seize Nathan by the collar with one hand, and strike him over the eye with the other—Rason said, "I can't see this," and seized Mountain by the collar, to drag him away—Davey seized him as well, to drag him away—I was there during the whole of the struggle that took place—neither Rason or Davey used any expressions of encouragement; far from it.</p>
<hi rend="smallCaps">MR. DOANE</hi>.
<hi rend="italic">Q.</hi> What were you doing at these rooms?
<hi rend="italic">A.</hi> I went there to bid for two pictures for my brother, who is a picture-dealer—the sale was going on when the conversation took place at the fire-place—the room was about half full of people—there were very few persons about the fire-place at the time—there was a man sitting on a form close by—he was a stranger—Mountain first proposed going for a policeman—I believe Davey stopped in the room when Rason and Mountain went out—I did not keep my eye on him the whole time—I did not see him go out—I saw Mountain and Rason return into the room—Davey was at that time in the room, at the right-hand side, by the fire-place, not with Mountain and Rason—I saw Nathan knocked down—I did not hear Rason say, "Give it him; that is the way to serve him"—I believe he did not say so—I was not above a yard or so from then at the time the affray took place—I saw no kicks.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-136" type="witnessName">
<interp inst="t18421212-name-136" type="gender" value="male"/>
<interp inst="t18421212-name-136" type="surname" value="HART"/>
<interp inst="t18421212-name-136" type="given" value="SAMUEL"/>SAMUEL HART</persName> </hi>. I am a picture-dealer, and live in Great Wild-street, Lincoln's Inn-fields. On the 23rd of Nov. I was at Foster's sale-rooms, and saw the three prisoners and Nathan there—I saw Davey come up to Mountain and Rason, and say something to them—they were standing, talking to me—in consequence of what he said, Mountain and Rason went over to Nathan, and said, "What do you mean by telling Mr. Davey that I am a * * * gen
<lb/>tleman?"—Nathan tapped him on the arm, and said, "I mean s——y"—I then went to another part of the room—about a quarter of an hour after I heard a cry of "Murder"—I pulled open the folding glass doors, and dis
<lb/>tinctly saw Nathan bleeding from his head, and Rason and Davey trying to pull Mountain back from Nathan, trying to prevent him from striking him—I was taken in charge about this, but was dismissed the moment the Magistrate heard the case.</p>
<xptr type="pageFacsimile" doc="184212120025"/>
<hi rend="smallCaps">MR. DOANE</hi>.
<hi rend="italic">Q.</hi> You were discharged because Nathan was too ill to ap
<hi rend="italic">A.</hi> I do not know whether be was ill or not—it was before he died—I cannot say when it was.</p>
<hi rend="largeCaps">MOUNTAIN</hi>
<hi rend="smallCaps">
<rs id="t18421212-292-verdict-1" type="verdictDescription">
<interp inst="t18421212-292-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-292-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 33.</p>
<hi rend="largeCaps">RASON</hi>
<hi rend="smallCaps">
<rs id="t18421212-292-verdict-2" type="verdictDescription">
<interp inst="t18421212-292-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-292-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 40.</p>
<hi rend="largeCaps">DAVEY</hi>
<rs id="t18421212-292-verdict-3" type="verdictDescription">
<interp inst="t18421212-292-verdict-3" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-292-verdict-3" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>. Aged 43.
<hi rend="italic">Recommended to mercy on account of the provocation.</hi> </rs>
<hi rend="italic">
<rs id="t18421212-292-punishment-9" type="punishmentDescription">
<interp inst="t18421212-292-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18421212-292-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-292-18421212 t18421212-292-punishment-9"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-292-18421212 t18421212-292-punishment-9"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-292-18421212 t18421212-292-punishment-9"/>Confined Six Months</rs>.</hi> </p>
<hi rend="italic">Before Mr. Baron Gurney.</hi> </p> </div1>
<div1 type="trialAccount" id="t18421212-293">
<interp inst="t18421212-293" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-293" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-293-charge-1" targOrder="Y" targets="def1-293-18421212 t18421212-293-offence-1 t18421212-293-verdict-1"/>
<persName id="def1-293-18421212" type="defendantName">
<interp inst="def1-293-18421212" type="gender" value="male"/>
<interp inst="def1-293-18421212" type="age" value="19"/>
<interp inst="def1-293-18421212" type="surname" value="GARNER"/>
<interp inst="def1-293-18421212" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN GARNER</hi> </persName> was indicted
<rs id="t18421212-293-offence-1" type="offenceDescription">
<interp inst="t18421212-293-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18421212-293-offence-1" type="offenceSubcategory" value="robbery"/>for feloniously assaulting
<persName id="t18421212-name-138" type="victimName">
<interp inst="t18421212-name-138" type="gender" value="male"/>
<interp inst="t18421212-name-138" type="surname" value="COLLS"/>
<interp inst="t18421212-name-138" type="given" value="BENJAMIN"/>
<join result="offenceVictim" targOrder="Y" targets="t18421212-293-offence-1 t18421212-name-138"/>Benjamin Colls</persName>, on the
<rs id="t18421212-cd-4" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18421212-293-offence-1 t18421212-cd-4"/>6th of Dec</rs>, putting him in fear, and taking from his person, and against his will, 1 penny, and 4 halfpence, his monies.—2nd
<hi rend="smallCaps">COUNT</hi>, for feloniously, with menaces, demanding his monies.—3rd
<hi rend="smallCaps">COUNT</hi>, by force, feloniously demanding his monies.</rs> </p>
<hi rend="smallCaps">MR. PAYNE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18421212-name-139" type="witnessName">
<interp inst="t18421212-name-139" type="gender" value="male"/>
<interp inst="t18421212-name-139" type="surname" value="COLLS"/>
<interp inst="t18421212-name-139" type="given" value="BENJAMIN"/>BENJAMIN COLLS</persName> </hi>. I am a draper, but am out of business, living at present on my property, till I get into business—since I have been in town I have been living at No. 2, Gray's Inn-lane—I have been in town little more than three months. On Tuesday, the 6th of Dec., about half-past three o'clock, I was passing down the Strand—I stopped for a minute or two at a print-shop window near Southampton-street, on the same side of the way—after I had been there a minute or two, a young man came up to me, and pressed himself against my left side, apparently with his person; but deeming it an accident, I took no notice—almost immediately after, Le placed his hand slightly and indelicately on * * * *—I immediately left the window, passed on, and turned up Southampton-street—I had not proceeded above eighty or a hundred feet when I heard a person coming after me, and as he approached me, he asked me, in an under tone, to give him half-a-pint of beer—on turning round, on the question being repeated, I ascertained it to be the same person—it was the prisoner—the question was repeated two or three times—I said, "No," left him, and crossed the road, to avoid him—he followed me, and still urged the request, entreating me to give him half-a-pint of beef, or money to procure it—I said I would give him nothing, and desired him to be off about his busi
<lb/>ness—he said he would not leave me unless I gave him half-a-pint of beer—I then took from my pocket a penny-piece and two halfpence, and gave them to him, laying, "There is half-a-pint of beer for you, be off"—he took them in his left hand, laid them in the palm of his right hand, and holding it out to me, said, "Now, I will produce these to the first policeman I see, unless you give me more money"—I became greatly agitated and alarmed, and told him I had no more money, but a few halfpence—he said, "Give me what you have, and I will go away"—I gave him two more halfpence, which was all I had—he, said, "I shall hand these also to the policeman, and give you in charge, unless you give roe more money"—I told him I had no more money—he said, "You have something you can make money of, you have a watch"—I said, "Yes, I have"—he said, "Then give me that," which I refused—he said, "Unless you will give me a crown I will hand you over to the first policeman I find, and will expose you"—I said I had no money—he said, "Well, pledge your watch, and give me a crown, than I will leave you directly"—I said, to him, "Where is there a pawnbroker's?"—he said, "I will take you to one"—he led the way through several courts, and brought me into Long Acre, nearly opposite Mr. Priest's house, the pawnbroker's—he then said, "No, I will not take 5
<hi rend="italic">s</hi>., I will have some more money, you appear a respectable person, and your character is worth more than that to you, or I will expose you"—I said, "How much money do you want?"—he said, "Give me 2
<hi rend="italic">l</hi>., I will not wait a minute or two; unless you give me 2
<hi rend="italic">l</hi>., I</p>
<xptr type="pageFacsimile" doc="184212120026"/>
<p>will call out directly for a policeman loudly"—at this time we had arrived at the pawnbroker's door, Mr. Priest's—he said, "Here is a pawnbroker's, I will wait outside"—I went in, and tendered my watch for 2
<hi rend="italic">l</hi>.—at the same time I asked to see the proprietor—I saw Mr. Priest, and told him the parti
<lb/>culars—he came out, in company with two gentlemen, and followed me immediately—I pointed out the prisoner as the man who had molested me in the street—he was token into the parlour of Mr. Priest's house, and accused by Mr. Priest of attempting to extort money from me—he said, "I never saw this gentleman in all my life before this moment," which he frequently and solemnly affirmed—I have not the slightest doubt of his person—a policeman was sent for—he was searched at the station, and one penny-piece and four halfpence, answering to the amount I had given him, were found on his per
<lb/>son—I had not committed the slightest indecency with him in any manner.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-140" type="witnessName">
<interp inst="t18421212-name-140" type="gender" value="male"/>
<interp inst="t18421212-name-140" type="surname" value="PRIEST"/>
<interp inst="t18421212-name-140" type="given" value="THOMAS"/>THOMAS PRIEST</persName> </hi>. I am a pawnbroker, and live at No. 141, Long-acre. On Tuesday, the 6th of Dec., I saw the prosecutor at my shop—in consequence of a communication he made (he gave me a description of a person) I went out, and saw the prisoner, who answered the description—I asked him if he was waiting for any body in the shop—he said, "No,"—I called to the prosecutor, and asked him if this was the man—he pointed to him immediately, and said, "That is him"—I made him walk into the counting-house, sent for a policeman, and had him given into custody—I told him in the counting-house what the gentleman had accused him of, and that he had given him 3
<hi rend="italic">d</hi>., and asked him if he had any money in his pocket—he pulled out one penny piece, and four halfpence—he said he had never seen him before in his life.</p>
<hi rend="italic">Prisoner's Defence.</hi> I am quite innocent; I was waiting in Long-acre for my brother; I passed Mr. Priest's door; he came and asked if I was waiting for a gentleman; I said, "No;" he called the gentleman, who said, "That is him;" he asked me to step inside, which I did, and they accused me of at
<lb/>tempting to extort money; I said I had never seen him before.</p>
<hi rend="smallCaps">
<rs id="t18421212-293-verdict-1" type="verdictDescription">
<interp inst="t18421212-293-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-293-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi> on the 2nd Count. Aged 19.—
<hi rend="italic">
<rs id="t18421212-293-punishment-10" type="punishmentDescription">
<interp inst="t18421212-293-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18421212-293-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-293-18421212 t18421212-293-punishment-10"/>Confined Three Years</rs>.</hi> </p>
<hi rend="italic">Before Mr. Baron Alderson.</hi> </p> </div1>
<div1 type="trialAccount" id="t18421212-294">
<interp inst="t18421212-294" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-294" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-294-charge-1" targOrder="Y" targets="def1-294-18421212 t18421212-294-offence-1 t18421212-294-verdict-1"/>
<join result="criminalCharge" id="t18421212-294-charge-2" targOrder="Y" targets="def2-294-18421212 t18421212-294-offence-1 t18421212-294-verdict-2"/>
<persName id="def1-294-18421212" type="defendantName">
<interp inst="def1-294-18421212" type="gender" value="female"/>
<interp inst="def1-294-18421212" type="age" value="18"/>
<interp inst="def1-294-18421212" type="surname" value="JOHNSON"/>
<interp inst="def1-294-18421212" type="given" value="MARY ANN"/>
<hi rend="largeCaps">MARY ANN JOHNSON</hi> </persName> and
<persName id="def2-294-18421212" type="defendantName">
<interp inst="def2-294-18421212" type="gender" value="female"/>
<interp inst="def2-294-18421212" type="age" value="18"/>
<interp inst="def2-294-18421212" type="surname" value="SMITH"/>
<interp inst="def2-294-18421212" type="given" value="ELIZA"/>
<hi rend="largeCaps">ELIZA SMITH</hi> </persName> were indicted for
<rs id="t18421212-294-offence-1" type="offenceDescription">
<interp inst="t18421212-294-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18421212-294-offence-1" type="offenceSubcategory" value="robbery"/>feloniously assaulting
<persName id="t18421212-name-143" type="victimName">
<interp inst="t18421212-name-143" type="gender" value="male"/>
<interp inst="t18421212-name-143" type="surname" value="DAVIES"/>
<interp inst="t18421212-name-143" type="given" value="ALFRED HENRY AUSTIN"/>
<join result="offenceVictim" targOrder="Y" targets="t18421212-294-offence-1 t18421212-name-143"/>Alfred Henry Austin Davies</persName>, on the
<rs id="t18421212-cd-5" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18421212-294-offence-1 t18421212-cd-5"/>2nd of Dec</rs>., putting him in fear, and taking from his person, and against his will, 1 shil
<lb/>ling, 6 pence, and 6 halfpence, his monies; and immediately before, at the time of, and after the said robbery, feloniously beating, striking, and using other personal violence to him.</rs> </p>
<hi rend="smallCaps">
<persName id="t18421212-name-144" type="witnessName">
<interp inst="t18421212-name-144" type="gender" value="male"/>
<interp inst="t18421212-name-144" type="surname" value="DAVIES"/>
<interp inst="t18421212-name-144" type="given" value="ALFRED HENRY AUSTIN"/>ALFRED HENRY AUSTIN DAVIES</persName> </hi>. I am fourteen years old. On the 2nd of Dec, about ten o'clock at night, I was in Broad-street, going to my aunt's—Paul Francis was with me—I saw the prisoners coming down Broad-street—Johnson took my cap, and put it under her shawl, and ran away without saying any thing—I followed her to get it—Smith was with her—I never saw them before—I followed them up George-street, to a house in Church-lane—they went in—I and Francis stopped at the door for a second or two, and then went in, through a passage through a yard, and then turned to the left into a front room on the ground floor, with a candle and a fire in it—I saw Johnson standing there with my cap, and Smith sitting in a chair—Johnson threw my cap down—Smith jumped up—Johnson ran to the door, and said she would murder me if I did not give her my money—Smith jumped up, and laid hold of my hand, and Johnson struck me by the side of my head—I said, "You had better leave me alone"—she asked if I had got much money—I said that was my business—she put her band into my pocket, and took out 8
<hi rend="italic">d</hi>.—Smith holding her hand over my mouth—Smith then struck me, and said, "Have you got any more?"—I said,</p>
<xptr type="pageFacsimile" doc="184212120027"/>
<p>"No"—she then felt in my pockets, called me a b—, and said there was a shilling, and if I did not give it her she would kill me, and Johnson struck me—I was obliged to give her the shilling out of my pocket, because the made me—she then said I might go, and opened the door—we both went out—Francis was in the room with me all the time—they did not try to rob him—he had no money—we went out of the passage into the street—they followed us and bade us good night—I thought I would watch which way they went, but did not see a policeman that night—I afterwards gave a person in charge on sus
<lb/>picion, who looked like Johnson, and when I was at the station, Smith brought a breakfast to that person, and I gave her in charge—I am sure of her—I next saw Johnson at the station at Bagnigge-wells—I am sure she is the person—I made the mistake, because the other person looked like her in the face, but I was not sure, because she did not have scratches on her face.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> What are you?
<hi rend="italic">A.</hi> I have lost my place—I was at a stationer's—I lived at No. 42, Great Carter-street, at the time this happened, with my mother—I was going to my aunt's—I did not leave my place till late—I was at that time at Mr. Ilby's, in Great Titchfield-street—I never saw the prisoners before.</p>
<hi rend="italic">Johnson.</hi> He says 8
<hi rend="italic">d</hi>. was taken out of his pocket—he had but 4
<hi rend="italic">d</hi>. in his pocket, and that he gave us, and the other one with him gave at 4
<hi rend="italic">d</hi>. more—we thought they had more money, and he had another shilling, and he gave us that—we thought they were going to give us more money, or we should not have taken them home—I said, "What do you make such fools of us for?"
<hi rend="italic">Witness.</hi> I did not give them either the copper or the shilling.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-145" type="witnessName">
<interp inst="t18421212-name-145" type="gender" value="male"/>
<interp inst="t18421212-name-145" type="surname" value="FRANCIS"/>
<interp inst="t18421212-name-145" type="given" value="PAUL"/>PAUL FRANCIS</persName> </hi>. I shall be sixteen years old next June—I was with the prosecutor in Broad-street, and met the two girls who took his cap off, and ran into George-street—we followed them into Church-lane—they went into a house—we went in afterwards, and found them in a room below stairs—John
<lb/>son put his cap on the table—Davis took hold of it-then Johnson went against the door, and said she would murder us if we did not five her money, and they asked Davis if he had any money—he said that was his business—he did not give them any money—they went up to him, and wanted to get it out of his pocket—he called "Thief!" and one put her hand against his mouth, and the other struck him on the face—they put a hand in his pocket—I saw some
<lb/>thing like halfpence taken out—he said to me, "You see me give 1
<hi rend="italic">s</hi>. into her hand," and he put it into Johnson's hand, because he was afraid of her—it was not mine, it was his.</p>
<hi rend="italic">Johnson. Q.</hi> Did not you give him the shilling?
<hi rend="italic">A.</hi> No—I had no money—I am sure they are the young women.</p>
<hi rend="italic">Cross-examined. Q.</hi> Are you sure you did not go to the house for some other purpose than after the cap?
<hi rend="italic">A.</hi> No—I never saw them before—I am a tailor, and work for Mr. Dressen, of Great Titchfield-street, Broad-street, St. Giless—there were not many people in the street at the time the cap was snatched—I was going to Davis's aunt with him—I never went there before with him—I never went to a house with any girls before.</p>
<hi rend="italic">Johnson.</hi> You came up to us in George-street, and said you had 4
<hi rend="italic">d</hi>., and he had 4
<hi rend="italic">d</hi>.
<hi rend="italic">Witness.</hi> No—you came up to us, and took his cap.</p>
<hi rend="italic">Johnson.</hi> They told us to show them where we lived, and they would come on Sunday—they came home with us, and Smith said, "You have It.?"—he said, "Yes," and put it into her hand.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-146" type="witnessName">
<interp inst="t18421212-name-146" type="gender" value="male"/>
<interp inst="t18421212-name-146" type="surname" value="FISH"/>
<interp inst="t18421212-name-146" type="given" value="THOMAS"/>THOMAS FISH</persName> </hi> (
<hi rend="italic">police-constable E</hi> 42.) I took Smith to the station, in George-street, St. Giles—both boys were there—they gave her in charge.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-147" type="witnessName">
<interp inst="t18421212-name-147" type="gender" value="male"/>
<interp inst="t18421212-name-147" type="surname" value="BAKER"/>
<interp inst="t18421212-name-147" type="given" value="WILLIAM"/>WILLIAM BAKER</persName> </hi>. I am a policeman. I received information from</p>
<xptr type="pageFacsimile" doc="184212120028"/>
<p>Davis about ten o'clock on Saturday night—I saw the prisoners from half-past nine till half-past ten, on the night in question, Friday, in Broad-street and in Church-lane together—they bad lived together for a week before they were taken—I believe they always associated together—I have seen them at different times before.</p>
<hi rend="italic">Cross-examined. Q.</hi> What time do you go off duty?
<hi rend="italic">A.</hi> Six o'clock in the morning—there are other policemen on duty in the neighbourhood Church-lane and Broad-street belong to my beat—I was on my beat this night from nine to six in the morning.</p>
<hi rend="italic">Johnsons Defence.</hi> They gave me the 1
<hi rend="italic">s</hi>.—I told them they were little brats, and they had better go home to their mothers instead of going with girls, and told them to go out—we both said so.</p>
<hi rend="largeCaps">JOHNSON</hi>
<hi rend="smallCaps">
<rs id="t18421212-294-verdict-1" type="verdictDescription">
<interp inst="t18421212-294-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-294-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 18.—
<hi rend="italic">
<rs id="t18421212-294-punishment-11" type="punishmentDescription">
<interp inst="t18421212-294-punishment-11" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-294-18421212 t18421212-294-punishment-11"/>Transported for Fifteen Years</rs>.</hi> </p>
<hi rend="largeCaps">SMITH</hi>
<hi rend="smallCaps">
<rs id="t18421212-294-verdict-2" type="verdictDescription">
<interp inst="t18421212-294-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-294-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 18.—
<hi rend="italic">
<rs id="t18421212-294-punishment-12" type="punishmentDescription">
<interp inst="t18421212-294-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18421212-294-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-294-18421212 t18421212-294-punishment-12"/>Confined Two Years</rs>.</hi> </p>
<hi rend="italic">Fourth Jury, before Mr. Recorder.</hi> </p> </div1>
<div1 type="trialAccount" id="t18421212-295">
<interp inst="t18421212-295" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-295" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-295-charge-1" targOrder="Y" targets="def1-295-18421212 t18421212-295-offence-1 t18421212-295-verdict-1"/>
<persName id="def1-295-18421212" type="defendantName">
<interp inst="def1-295-18421212" type="gender" value="female"/>
<interp inst="def1-295-18421212" type="age" value="24"/>
<interp inst="def1-295-18421212" type="surname" value="DAVIDSON"/>
<interp inst="def1-295-18421212" type="given" value="HARRIET"/>
<hi rend="largeCaps">HARRIET DAVIDSON</hi> </persName> was indicted
<rs id="t18421212-295-offence-1" type="offenceDescription">
<interp inst="t18421212-295-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18421212-295-offence-1" type="offenceSubcategory" value="fraud"/>for obtaining goods, value 7
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>., by false pretences;</rs> to which she pleaded</p>
<hi rend="smallCaps">
<rs id="t18421212-295-verdict-1" type="verdictDescription">
<interp inst="t18421212-295-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-295-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>. Aged 24.—
<hi rend="italic">
<rs id="t18421212-295-punishment-13" type="punishmentDescription">
<interp inst="t18421212-295-punishment-13" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-295-18421212 t18421212-295-punishment-13"/>Transported for Seven Years</rs>.—Penitentiary.</hi> </p> </div1>
<div1 type="trialAccount" id="t18421212-296">
<interp inst="t18421212-296" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-296" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-296-charge-1" targOrder="Y" targets="def1-296-18421212 t18421212-296-offence-1 t18421212-296-verdict-1"/>
<persName id="def1-296-18421212" type="defendantName">
<interp inst="def1-296-18421212" type="gender" value="male"/>
<interp inst="def1-296-18421212" type="surname" value="KIBBEY"/>
<interp inst="def1-296-18421212" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM KIBBEY</hi> </persName> was indicted
<rs id="t18421212-296-offence-1" type="offenceDescription">
<interp inst="t18421212-296-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18421212-296-offence-1" type="offenceSubcategory" value="simpleLarceny"/>for stealing, on the
<rs id="t18421212-cd-6" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18421212-296-offence-1 t18421212-cd-6"/>12th of Dec</rs>, 1 watch, value 1
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>.; 1 watch-key, 2
<hi rend="italic">d</hi>., and 1 coat, 15
<hi rend="italic">s</hi>.; the goods of
<persName id="t18421212-name-150" type="victimName">
<interp inst="t18421212-name-150" type="gender" value="male"/>
<interp inst="t18421212-name-150" type="surname" value="BARRICK"/>
<interp inst="t18421212-name-150" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18421212-296-offence-1 t18421212-name-150"/>Thomas Barrick</persName>; </rs>to which he pleaded</p>
<hi rend="smallCaps">
<rs id="t18421212-296-verdict-1" type="verdictDescription">
<interp inst="t18421212-296-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-296-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18421212-296-punishment-14" type="punishmentDescription">
<interp inst="t18421212-296-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18421212-296-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-296-18421212 t18421212-296-punishment-14"/>Confined One Year</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18421212-297">
<interp inst="t18421212-297" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-297" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-297-charge-1" targOrder="Y" targets="def1-297-18421212 t18421212-297-offence-1 t18421212-297-verdict-1"/>
<persName id="def1-297-18421212" type="defendantName">
<interp inst="def1-297-18421212" type="gender" value="male"/>
<interp inst="def1-297-18421212" type="age" value="18"/>
<interp inst="def1-297-18421212" type="surname" value="SHEARSLEY"/>
<interp inst="def1-297-18421212" type="given" value="SAMUEL"/>
<hi rend="largeCaps">SAMUEL SHEARSLEY</hi> </persName> was indicted
<rs id="t18421212-297-offence-1" type="offenceDescription">
<interp inst="t18421212-297-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18421212-297-offence-1" type="offenceSubcategory" value="theftFromPlace"/>for stealing a watch, value 1
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>., the goods of
<persName id="t18421212-name-152" type="victimName">
<interp inst="t18421212-name-152" type="gender" value="male"/>
<interp inst="t18421212-name-152" type="surname" value="POLLEY"/>
<interp inst="t18421212-name-152" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18421212-297-offence-1 t18421212-name-152"/>James Polley</persName>, in a certain vessel on the navigable
<placeName id="t18421212-geo-1">
<join result="offencePlace" targOrder="Y" targets="t18421212-297-offence-1 t18421212-geo-1"/>river Thames</placeName>; </rs>to which he pleaded</p>
<rs id="t18421212-297-verdict-1" type="verdictDescription">
<interp inst="t18421212-297-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-297-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">GUILTY</hi>. Aged 18.—
<hi rend="italic">Recommended to mercy.</hi> </rs>
<hi rend="italic">
<rs id="t18421212-297-punishment-15" type="punishmentDescription">
<interp inst="t18421212-297-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18421212-297-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-297-18421212 t18421212-297-punishment-15"/>Confined Six Months</rs>.</hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Thursday, December</hi> 15
<hi rend="italic">th,</hi> 1842.</p>
<hi rend="italic">Second Jury, before Edward Bullock, Esq.</hi> </p>
<div1 type="trialAccount" id="t18421212-298">
<interp inst="t18421212-298" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-298" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-298-charge-1" targOrder="Y" targets="def1-298-18421212 t18421212-298-offence-1 t18421212-298-verdict-1"/>
<persName id="def1-298-18421212" type="defendantName">
<interp inst="def1-298-18421212" type="gender" value="male"/>
<interp inst="def1-298-18421212" type="age" value="37"/>
<interp inst="def1-298-18421212" type="surname" value="MAHONEY"/>
<interp inst="def1-298-18421212" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD MAHONEY</hi> </persName> was indicted
<rs id="t18421212-298-offence-1" type="offenceDescription">
<interp inst="t18421212-298-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18421212-298-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>for stealing, on the
<rs id="t18421212-cd-7" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18421212-298-offence-1 t18421212-cd-7"/>6th of Dec</rs>., 3/4 yard of canvass, value 4
<hi rend="italic">d</hi>., 3/4 yard of calico, 4
<hi rend="italic">d</hi>., 1 3/4 yard of woollen cloth, 1
<hi rend="italic">l</hi>., 24 buttons, 1
<hi rend="italic">s</hi>.; and 6 yards of silk cord, 6
<hi rend="italic">d</hi>., the goods of
<persName id="t18421212-name-154" type="victimName">
<interp inst="t18421212-name-154" type="gender" value="male"/>
<interp inst="t18421212-name-154" type="surname" value="PREW"/>
<interp inst="t18421212-name-154" type="given" value="BENJAMIN"/>
<join result="offenceVictim" targOrder="Y" targets="t18421212-298-offence-1 t18421212-name-154"/>Ben
<lb/>jamin Prew</persName>, his master.</rs> </p>
<hi rend="smallCaps">MR. CLARKSON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18421212-name-155" type="witnessName">
<interp inst="t18421212-name-155" type="gender" value="male"/>
<interp inst="t18421212-name-155" type="surname" value="PREW"/>
<interp inst="t18421212-name-155" type="given" value="BENJAMIN"/>BENJAMIN PREW</persName> </hi>. I am an outfitter and tailor, and live in Aldgate, High-street—the prisoner was in my employ for about two months as cutter, at 30
<hi rend="italic">s</hi>. a-week and his keep—I have missed articles from time to time—on Tuesday evening, the 6th of Dec, while the prisoner was gone to tea, it eight o'clock, I examined his great coat-pocket, which hung in the cutting room—there was nothing in it then, and at nine, when he went in to supper, I went into the room again, his coat laid on the table, I found a piece of canvass and other articles in a sort of private pocket at the back of his coat—when he came from supper he put his coat on as usual, and was about leaving—I said, "You have something which does not belong to you"—he said, "Why do you think so?"—I said, "I am satisfied of it," and called a policeman in, who found these articles on him—he said he hoped I would forgive him, he had only got a coat ready cut out for himself—the policeman found on him a coat ready cut out, with buttons, trimming, and everything.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-156" type="witnessName">
<interp inst="t18421212-name-156" type="gender" value="male"/>
<interp inst="t18421212-name-156" type="surname" value="RUSSELL"/>
<interp inst="t18421212-name-156" type="given" value="FREDERICK"/>FREDERICK RUSSELL</persName> </hi>. I am a policeman. On the 6th of Dec. I was called in—I searched the prisoner, and found on him this piece of canvass in the lining of the back of his coat, and this piece of cloth and the other articles in his frock-coat, with trimings and silk cord—he wished to have his master</p>
<xptr type="pageFacsimile" doc="184212120029"/>
<p>on one side to speak to him privately—he said he was very sorry for what he had done, and hoped his master would forgive him.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> Did not he say he was going to make it up for himself at home, and hoped Mr. Prew would forgive him?—
<hi rend="italic">A.</hi> Yes.</p>
<p>(The prisoner received a good character.)</p>
<hi rend="smallCaps">
<rs id="t18421212-298-verdict-1" type="verdictDescription">
<interp inst="t18421212-298-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-298-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 37.—</p> </div1>
<div1 type="trialAccount" id="t18421212-299">
<interp inst="t18421212-299" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-299" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-299-charge-1" targOrder="Y" targets="def1-299-18421212 t18421212-299-offence-1 t18421212-299-verdict-1"/>
<persName id="def1-299-18421212" type="defendantName">
<interp inst="def1-299-18421212" type="gender" value="male"/>
<interp inst="def1-299-18421212" type="age" value="31"/>
<interp inst="def1-299-18421212" type="surname" value="MAHONEY"/>
<interp inst="def1-299-18421212" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD MAHONEY</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18421212-299-offence-1" type="offenceDescription">
<interp inst="t18421212-299-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18421212-299-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>for stealing, on the
<rs id="t18421212-cd-8" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18421212-299-offence-1 t18421212-cd-8"/>5th of Dec</rs>, 2 yards of woollen cloth, value 1
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>.; 3/4 yards of canvass, 4
<hi rend="italic">d</hi>., 3/4 yard of calico, 4
<hi rend="italic">d</hi>., 1 waistcoat, 14
<hi rend="italic">s</hi>.; 1 pair of trowsers, 9
<hi rend="italic">s</hi>.; and 1 1/2 yard of velvet, 1
<hi rend="italic">l</hi>., the goods of
<persName id="t18421212-name-158" type="victimName">
<interp inst="t18421212-name-158" type="gender" value="male"/>
<interp inst="t18421212-name-158" type="surname" value="PREW"/>
<interp inst="t18421212-name-158" type="given" value="BENJAMIN"/>
<join result="offenceVictim" targOrder="Y" targets="t18421212-299-offence-1 t18421212-name-158"/>Benjamin Prew</persName>, his master.</rs> </p>
<hi rend="smallCaps">MR. DOANE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18421212-name-159" type="witnessName">
<interp inst="t18421212-name-159" type="gender" value="male"/>
<interp inst="t18421212-name-159" type="surname" value="PREW"/>
<interp inst="t18421212-name-159" type="given" value="BENJAMIN"/>BENJAMIN PREW</persName> </hi>. On the prisoner being taken in custody on the 6th of Dec, I went to his lodgings in company with Russel the policeman, and found a woman at work there on a waistcoat—I found all the other property named in the indictment in a cupboard—I had seen them in my cutting-room the day before—he said, "That is the only things I took the night before," mean
<lb/>ing a heading of cloth and a piece of canvass.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-160" type="witnessName">
<interp inst="t18421212-name-160" type="gender" value="male"/>
<interp inst="t18421212-name-160" type="surname" value="RUSSEL"/>
<interp inst="t18421212-name-160" type="given" value="FREDERICK"/>FREDERICK RUSSEL</persName> </hi>. I am a policeman. I accompanied Prew, and found the property at the prisoner's lodgings—the prisoner said the female there was his mother-in-law—when I saw him at the station he was going to tell about the cloth—I told him to say nothing—he said he had taken nothing more than this piece of lining the night before.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNK</hi>.
<hi rend="italic">Q.</hi> Did not be deny all through that the black velvet waistcoat belonged to Mr. Prew?
<hi rend="italic">A.</hi> He did—he said some female had let him have it to make up for her—he said he had bought the stuff for the trowsers—I found these pieces of doth there—he said he took the heading of, cloth and lining, but the other things did not belong to Mr. Prew.</p>
<rs id="t18421212-299-verdict-1" type="verdictDescription">
<interp inst="t18421212-299-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-299-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>. Aged 31.—
<hi rend="italic">Recommended to mercy,</hi> </rs>
<hi rend="italic">
<rs id="t18421212-299-punishment-16" type="punishmentDescription">
<interp inst="t18421212-299-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18421212-299-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-299-18421212 t18421212-299-punishment-16"/>Confined One Month</rs>.</hi> </p>
<hi rend="italic">Before Mr. Baron Gurney.</hi> </p> </div1>
<div1 type="trialAccount" id="t18421212-300">
<interp inst="t18421212-300" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-300" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-300-charge-1" targOrder="Y" targets="def1-300-18421212 t18421212-300-offence-1 t18421212-300-verdict-1"/>
<persName id="def1-300-18421212" type="defendantName">
<interp inst="def1-300-18421212" type="gender" value="male"/>
<interp inst="def1-300-18421212" type="age" value="39"/>
<interp inst="def1-300-18421212" type="surname" value="WINKWORTH"/>
<interp inst="def1-300-18421212" type="given" value="HENRY STANHOPE"/>
<hi rend="largeCaps">HENRY STANHOPE WINKWORTH</hi>,
<hi rend="italic">alias
<rs id="t18421212-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-300-18421212 t18421212-alias-1"/> Henry Stanhope, </rs>alias
<rs id="t18421212-alias-2" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-300-18421212 t18421212-alias-2"/> Stanton,</rs> </hi> </persName> was indicted
<rs id="t18421212-300-offence-1" type="offenceDescription">
<interp inst="t18421212-300-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18421212-300-offence-1" type="offenceSubcategory" value="theftFromPlace"/>for stealing, on the
<rs id="t18421212-cd-9" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18421212-300-offence-1 t18421212-cd-9"/>28th of Aug</rs>., at
<placeName id="t18421212-geo-2">
<join result="offencePlace" targOrder="Y" targets="t18421212-300-offence-1 t18421212-geo-2"/>St. James, Clerk en well</placeName>, 2 watches, value 34
<hi rend="italic">l</hi>., the goods of
<persName id="t18421212-name-162" type="victimName">
<interp inst="t18421212-name-162" type="gender" value="male"/>
<interp inst="t18421212-name-162" type="surname" value="MENZIES"/>
<interp inst="t18421212-name-162" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18421212-300-offence-1 t18421212-name-162"/>John Menzies</persName>, in his dwelling-house; and that he had been before convicted of felony.</rs> </p>
<hi rend="smallCaps">MR. CLARKSON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18421212-name-163" type="witnessName">
<interp inst="t18421212-name-163" type="gender" value="female"/>
<interp inst="t18421212-name-163" type="surname" value="MENZIES"/>
<interp inst="t18421212-name-163" type="given" value="MARY"/>MARY MENZIES</persName> </hi>. I am the wife of John Menzies, a watch-maker, and live at No. 4, Upper Charles-street, in the parish of St. James, Clerkenwell At the latter end of Aug. last year I had a bill in my parlour-window stating that apartments were to let—on a Thursday, at the latter end of Aug., about five o'clock, the prisoner came to look at them—the servant showed him into the drawing-room—I went up and found him there—he said that he wanted apartments, that he was a Dr. Stanhope, come home lately from India, and that be wanted to be quiet, as he was in a delicate state of health—I showed him the drawing-room and bed-room—he said he did not want a sitting-room to himself, that he would like to sit with the family—he was to sit with us, and to pay 15
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. a-week—he staid about half an hour with me—I had an opportunity of observing his features, and I am sure he is the man—next afternoon, between three and four o'clock, he came again to look at the apartments, and to know if he could be quiet, as he was in such a delicate state of health—he decided on taking them, and said he would write to let me know when he would come—he was in the parlour that time—he</p>
<xptr type="pageFacsimile" doc="184212120030"/>
<p>did not go up stairs at all—he was only with me a few minutes on that occa
<lb/>sion—I received a letter at eight o'clock next evening, in consequence of which I expected the prisoner, but not that evening—I have not got that letter—I went out with my husband a little after nine that evening—I do not think we were out more than a quarter of an hour—I left no one but the servant Guilfoyle in the house—when I came back I found her at the door with the door open—when I went out I had left two gold watches on the mantel-piece in the parlour in little leather bags—I had seen them there just the moment we were going out—when I came back I missed them—I did not see the prisoner again till I saw him at Clerkenwell Police Court, about a month ago I think—I knew him again the moment I saw him—I said—"You are the Doctor Stanhope that stole the watches"—he said, "You are mistaken, I never saw you before."</p>
<hi rend="italic">Prisoner. Q.</hi> Was I pointed out to you, when you saw me at Clerken
<hi rend="italic">A.</hi> No—you were not alone—you were in a room with the policemen—I knew you the moment I saw you, by your features and eyes, that you were the person who came to take the lodging sixteen months before—I went to Margate with my husband, and a person named Logan—I had known Logan about three weeks before—he came to our house, and asked for a person named Stanhope, and I said, "Yes, it is the person who stole the watches"—he said a person answering the description was at Margate, and I went there to look for him—I did not find him there—Mr. Logan paid part of my expenses there—my husband paid them back—Mr. Logan has called on us at different times—I should have known you, if I had met you among a hundred men.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-164" type="witnessName">
<interp inst="t18421212-name-164" type="gender" value="male"/>
<interp inst="t18421212-name-164" type="surname" value="LOGAN"/>
<interp inst="t18421212-name-164" type="given" value="WALTER M'GREGOR"/>WALTER M'GREGOR LOGAN</persName> </hi>
<hi rend="italic">was called by</hi>
<hi rend="smallCaps">MR. CLARKSON</hi>,
<hi rend="italic">but the pri
<lb/>soner declined asking him any questions.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18421212-name-165" type="witnessName">
<interp inst="t18421212-name-165" type="gender" value="female"/>
<interp inst="t18421212-name-165" type="surname" value="GUILFOYLE"/>
<interp inst="t18421212-name-165" type="given" value="ELIZA"/>ELIZA GUILFOYLE</persName> </hi>. I am the wife of Patrick Guilfoyle, and live at No. 10, Rose and Crown-court, Islington. In August, last year, I was in the service of Mr. and Mrs. Menzies—I know the prisoner perfectly well—I remember his coming to look at my master and mistress's apartments, in August last year—I opened the door to him—he asked, "Are there apartments to let?"—I said, "Yes," and showed him into the drawing-room—I went and told Mrs. Men
<lb/>zies, and she went up stairs to speak to him—on the Saturday night after, I remember master and mistress going out to market—they had not been long gone, for all I had done was to go up and turn one of the beds down, when I heard a double knock at the door—I answered the door, and it was the pri
<lb/>soner—he asked me, did my mistress tell me that the doctor was coming to lodge there—I said, "Yes," and showed him into the parlour—he said he had come from the country, that he was very hungry, and wished his supper, and told me to get it—I went down into the kitchen to fetch up the waiter with his supper when I came up he was gone, and the street door was open about a foot—I cannot say how long I was gone, I think not more than five or six minutes—when I let him in, I shut the street door—he had a little black dog with him, but no luggage or any portmanteau—I did not open the door wider till master and mistress came back—I was at the door then—the cheese
<lb/>monger's boy came to the door—no person but the prisoner had been to the house during my master and mistress's absence—the cheesemonger's boy did not come into the house.</p>
<hi rend="italic">Prisoner. Q.</hi> You state when you came up, you found the boy at the door?
<hi rend="italic">A.</hi> He came afterwards—the door was open when he came—he knocked, just as I laid the waiter on the parlour table—I had not the door in my hand—I had not shut the door—I do not think the boy had time to come into the parlour—I cannot say the very time you went out—I do not think it was above a quarter of an hour from the time master and mistress</p>
<xptr type="pageFacsimile" doc="184212120031"/>
<p>went out, till they returned—I was not with Mr. Menzies when she saw you at Clerkenwell—I was waiting in the passage—I was not speaking to Mrs. Menzies—she saw you before I did—she said she had seen you—I identified you of ray own knowledge—I knew you perfectly well—I saw you in the par
<lb/>lour for about five minutes, and you asked me a great many questions about Belfast—I have not seen any picture or print of you that I should know—a picture was shown me, before I saw you at Clerkenwell Court—when I saw the picture, I said, I did not know you by the picture, but I should know you by seeing you yourself.</p>
<hi rend="smallCaps">MR. CLARKSON</hi>. Was that the picture they showed you of him? (
<hi rend="italic">producing one.</hi>)
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="italic">Prisoner. Q.</hi> Who showed you the picture?
<hi rend="italic">A.</hi> Mr. Logan.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-166" type="witnessName">
<interp inst="t18421212-name-166" type="gender" value="male"/>
<interp inst="t18421212-name-166" type="surname" value="DEVERELL"/>
<interp inst="t18421212-name-166" type="given" value="GEORGE"/>GEORGE DEVERELL</persName> </hi>. In June, 1841, I went into the service of Mr. Crump, a cheesemonger in Goswell-road—he served Mr. Menzies—I recol
<lb/>lect going there one night about ten o'clock—I do not recollect the month it was in—I think I had been at Mr. Crump's about two months—when I got there the door was closed—I cannot tell whether it was catched or not—I knocked at it, and a female servant came to the door—I cannot say who she was—I did not go into the house at all.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-167" type="witnessName">
<interp inst="t18421212-name-167" type="gender" value="female"/>
<interp inst="t18421212-name-167" type="surname" value="GUILFOYLE"/>
<interp inst="t18421212-name-167" type="given" value="ELIZA"/>ELIZA GUILFOYLE</persName> </hi>
<hi rend="italic">re-examined.</hi> That is the boy that came to the door.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-168" type="witnessName">
<interp inst="t18421212-name-168" type="gender" value="female"/>
<interp inst="t18421212-name-168" type="surname" value="MILLER"/>
<interp inst="t18421212-name-168" type="given" value="MARY"/>MARY MILLER</persName> </hi>. I am single—I lived at No. 3, Mary's-place, Peckharm, New-town. I know the prisoner—he called upon me in Sept. last year—I cannot tell the day—we went out together, and he gave me a watch to pledge for him—it bad the appearance of a gold one—he said his father had come to town, that he wished to make an appearance, he had not money, and he wished to raise money on this watch—he told me his name was Stanhope—I bad known him some time—in consequence of what he said to me, I pledged the watch at Mr. Filmer's, in the Walworth-road in my own name, for I think 5
<hi rend="italic">l</hi>., but I cannot exactly say—I gave the money and duplicate to the prisoner—I should say there was a glass to the watch, but I had it in my hand a very short time—the dial was gold—I pledged another watch for him, not at the tame time—I cannot say how long afterwards—one was in Sept., and the other I think in Nov., both in the last year—I pledged one at Tur
<lb/>ner's—I do not know whether it was the first or second one, and the other I pledged at Filmer's—I pledged hoth in my own name—the second one had also a gold dial—the prisoner had a little black dog at the time I knew him—I believe it was a valuable one—he told me when I pledged one of the watches that he had an allowance from his father, that his father had stopped that allow
<lb/>ance, that he wished for money to go to the Isle of Wight, and this watch was Merely a temporary thing till he got his money—I gave the pawnbroker di
<lb/>rections to put my own name on the duplicate of the one pledged at Filmer's—I said, "You had better put the maker's name on"—the prisoner said it was a valuable watch, and I thought if I did not take it out, it would be all right, not being accustomed to such things—I gave him the duplicate and money—he took the duplicate, read it, and said, "You have pledged this in your own name and the maker's"—I said, "Yes"—he said, "Quite right,"—folded it up and put it into his waistcoat pocket.</p>
<hi rend="italic">Prisoner. Q.</hi> How do you know that the watch pledged in Sept., might not have been redeemed, and the same watch given you again to pledge in Nov.?
<hi rend="italic">A.</hi> I cannot swear to that, but I pledged, as I considered, two watches—it was in the evening when I pledged it.</p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> Do you recollect, when you pawned the second watch whether he said anything to you about the first?
<hi rend="italic">A.</hi> No—he name no re
<xptr type="pageFacsimile" doc="184212120032"/>
<hi rend="smallCaps">
<persName id="t18421212-name-169" type="witnessName">
<interp inst="t18421212-name-169" type="gender" value="male"/>
<interp inst="t18421212-name-169" type="surname" value="NEALE"/>
<interp inst="t18421212-name-169" type="given" value="JOHN"/>JOHN NEALE</persName> </hi>. I am shopman to Mr. Filmer, a pawnbroker, in Kennington-road. I produce a gold watch, pawned on the 29th of Sept., 1841, in the name of Miller, for 6
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—we usually write the maker's name on the duplicate—I suppose I did it on that occasion, but I do not recollect, it is too long ago—I have the counterpart of the duplicate—the other one is not forthcoming—it was pledged by a respectable looking female—it is too long ago to recognise her features.</p>
<hi rend="italic">Prisoner. Q.</hi> Who called on you respecting the watch first?
<hi rend="italic">A.</hi> The officer, about a fortnight or three weeks ago, in company with Mr. Logan—Mr. Logan requested me to look back as far as September, and see whether I had such a thing—I did not hear him say he would give 1, 000
<hi rend="italic">l</hi>. to transport you, or any thing of the kind.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-170" type="witnessName">
<interp inst="t18421212-name-170" type="gender" value="male"/>
<interp inst="t18421212-name-170" type="surname" value="MENZIES"/>
<interp inst="t18421212-name-170" type="given" value="JOHN"/>JOHN MENZIES</persName> </hi>. This watch is my property—I went out with my wife on a Saturday night at the latter end of August last year—this was one of two watches which were on the parlour mantel-piece at that time—we returned in about a quarter of an hour, and missed both—they were worth about 35
<hi rend="italic">l</hi>.—this is not so valuable as the other—it is worth about 12
<hi rend="italic">l</hi>. or 14
<hi rend="italic">l</hi>.</p>
<hi rend="italic">Prisoner. Q.</hi> Have the expenses of this prosecution been defrayed from your own pocket?
<hi rend="italic">A.</hi> Not entirely, partly by Mr. Logan—I have received no money from him—he gave me information about the property, and kindly offered me the use of his purse as well—he did not promise that if I would prosecute he would defray the expenses—he has promised to defray part of the expenses of the prosecution—I have no recollection of his saying that every effort should be made to transport you, or words to that effect.</p>
<hi rend="italic">Prisoner's Defence.</hi> It is a combination of other parties against me; Mr. Menzies is not the real prosecutor, but merely the nominal prosecutor; he said before the Magistrate that his expenses were paid to Margate; that he wished to go there once, but he did not wish to go a second time; Logan called on him repeatedly to go a second time; I was given into custody there on this charge, and detained two days; the Magistrate sent up to Mr. Menzies to come down; he declined coming, and said he did not wish to be troubled any more about it; Logan came down with an officer, and took me by violence after I was dismissed on the charge there; I was dragged on to Canterbury, and from there to London; he sent, in the morning, to Mrs. Menzies, who has been very well tutored by Logan; he had called eight or ten times on the Menzies before Mrs. Menzies was brought to me; I was pointed out to her, and asked, "Is that the man?" and she said, "Yes, that is the man that stole the watches;" she was asked before the Magistrate how she knew that; she said she was told by her servant; the servant made a similar statement; I was pointed out to the servant in like manner; it is entirely a conspiracy against me by this party; this is the sixth time I have been given into cus
<lb/>tody within the last sixteen months, and dismissed; I was tried at this Court before on a similar charge.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-171" type="witnessName">
<interp inst="t18421212-name-171" type="gender" value="male"/>
<interp inst="t18421212-name-171" type="surname" value="HUGHES"/>
<interp inst="t18421212-name-171" type="given" value="CHARLES HAYWARD"/>CHARLES HAYWARD HUGHES</persName> </hi>. In the year 1836 I was a constable—I know the prisoner—I produce a certificate of his conviction—I was present at his trial for stealing three watches of James Stafford, of No. 9, Gainford-street, Islington, he was sentenced to be transported for life—he is the man—(
<hi rend="italic">certificate read.</hi>)</p>
<hi rend="smallCaps">
<rs id="t18421212-300-verdict-1" type="verdictDescription">
<interp inst="t18421212-300-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-300-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 39.—
<hi rend="italic">
<rs id="t18421212-300-punishment-17" type="punishmentDescription">
<interp inst="t18421212-300-punishment-17" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-300-18421212 t18421212-300-punishment-17"/>Transported for Life</rs>.</hi> </p>
<p>(There was another indictment against the prisoner.)</p>
<hi rend="italic">Before Mr. Baron Alderson.</hi> </p> </div1>
<div1 type="trialAccount" id="t18421212-301">
<interp inst="t18421212-301" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-301" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-301-charge-1" targOrder="Y" targets="def1-301-18421212 t18421212-301-offence-1 t18421212-301-verdict-1"/>
<xptr type="pageFacsimile" doc="184212120033"/>
<persName id="def1-301-18421212" type="defendantName">
<interp inst="def1-301-18421212" type="gender" value="male"/>
<interp inst="def1-301-18421212" type="surname" value="ALLEN"/>
<interp inst="def1-301-18421212" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM ALLEN</hi> </persName> was indicted
<rs id="t18421212-301-offence-1" type="offenceDescription">
<interp inst="t18421212-301-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18421212-301-offence-1" type="offenceSubcategory" value="burglary"/>for burglarious breaking and entering the dwelling-house of
<persName id="t18421212-name-173" type="victimName">
<interp inst="t18421212-name-173" type="gender" value="male"/>
<interp inst="t18421212-name-173" type="surname" value="HIRST"/>
<interp inst="t18421212-name-173" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18421212-301-offence-1 t18421212-name-173"/>Richard Hirst</persName>, about one in the night of the
<rs id="t18421212-cd-10" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18421212-301-offence-1 t18421212-cd-10"/>3rd of December</rs>, at the
<placeName id="t18421212-geo-3">
<join result="offencePlace" targOrder="Y" targets="t18421212-301-offence-1 t18421212-geo-3"/>hamlet of Ratcliff</placeName>, with intent to steal, and stealing therein, 1 coat, value 15
<hi rend="italic">s</hi>.; 1 waistcoat, 5
<hi rend="italic">s</hi>.; and 1 pair of trowsers 17
<hi rend="italic">s</hi>.; his property.</rs> </p>
<hi rend="smallCaps">
<persName id="t18421212-name-174" type="witnessName">
<interp inst="t18421212-name-174" type="gender" value="male"/>
<interp inst="t18421212-name-174" type="surname" value="HIRST"/>
<interp inst="t18421212-name-174" type="given" value="ROWLAND"/>ROWLAND HIRST</persName> </hi>. I am the son of Richard Hint, who keeps a house, No. 13, in Wharton-street, in the hamlet of Ratcliff. On Saturday, the 3rd of Dec., I went to bed, leaving my clothes on a sideboard in a room on the ground-floor—my mother was the last person in that room—when I was there were window was down, and the shutters, which are outside, fastened for the night—the window was not fastened, but was down—it is a sash window—I went to bed about half-past eleven or a quarter to twelve o'clock, and these were the clothes I took off—I got up next morning about half-past nine or ten—the shutters had been then opened, and I missed a coat, waistcoat, and trowsers.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-175" type="witnessName">
<interp inst="t18421212-name-175" type="gender" value="male"/>
<interp inst="t18421212-name-175" type="surname" value="KELLY"/>
<interp inst="t18421212-name-175" type="given" value="PHILIP"/>PHILIP KELLY</persName> </hi>. I am fourteen years old, and live in Wharton-place. I have known the prisoner about two years—I saw him on this Saturday night between half-past one and two o'clock—I have a place at a public-house, and when it closes on Saturday night I am obliged to do the tap-room up and other jobs, which keeps me there—I saw the prisoner at the corner of Whar
<lb/>ton-place—he said, "Have you seen a man named Jop?"—I said, "No, I have not"—I do not know Jop—he then proceeded across the road to his companions, and said, "It is all right"—I saw three persons with him at the corner of Dunstan-place—I then went towards home, and going by the pro
<lb/>secutor's house I saw a man at the shutters of the front room ground-floor—the shutters were partly open—the man had his hand up to the shutters, and something white across his arm—when I came up he put his hat across his eyes, crossed over, and be and another went up School-house-lane—I cannot say that was the prisoner, it was so foggy—it was about five minutes after I had seen the prisoner—I went home to bed.</p>
<hi rend="italic">Prisoner.</hi> He said at the station that I was not the man at the window, nor the one who joined him.
<hi rend="italic">Witness.</hi> I said I could not say whether it was him or not that went up School-house-lane—this is my deposition—it was read over to me—(
<hi rend="italic">the witness's deposition being read, stated,</hi> "I did not see the prisoner join the other man—he is not one of the two that went up School-house-lane")—I suppose that is a mistake.</p>
<hi rend="italic">Prisoner.</hi> I was standing opposite Wharton-place, not at the corner—I laid to him,
<hi rend="italic">"Bis</hi>.; is that you?" and he said, "Yes."</p>
<hi rend="smallCaps">
<persName id="t18421212-name-176" type="witnessName">
<interp inst="t18421212-name-176" type="gender" value="male"/>
<interp inst="t18421212-name-176" type="surname" value="PHILLIPS"/>
<interp inst="t18421212-name-176" type="given" value="JACOB"/>JACOB PHILLIPS</persName> </hi>. Last Sunday week, between nine and ten o'clock in the morning, the prisoner came to my shop, and said, "I thought my old woman had been here"—he went out again, came in shortly after with his wife or his woman, with a child in her arm, and a fustian coat on the other arm—the prisoner offered to sell it—I asked 4
<hi rend="italic">s</hi>. for it, and offered him half-a-crown—he went away, and would not take it—he came back with his wife, and she said, "You shall have it—if I was not distressed I would not tell it"—I gave him half-a-crown for it—the policeman came to my house at nine on Monday morning, and I, delivered the coat to him.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-177" type="witnessName">
<interp inst="t18421212-name-177" type="gender" value="male"/>
<interp inst="t18421212-name-177" type="surname" value="POTTER"/>
<interp inst="t18421212-name-177" type="given" value="CHARLES"/>CHARLES POTTER</persName> </hi>. I am a policeman. I apprehended the prisoner on Sunday night—I told him I wanted him for the robbery in Wharton-place—he said he knew nothing of it—I found the coat, on Monday morning, at Phillips's.</p>
<hi rend="smallCaps">R. HIRST</hi>
<hi rend="italic">re-examined.</hi> This is my coat, which I lost from the table that night—I gave 25
<hi rend="italic">s</hi>. for it twelve months ago—it is worth more than half-a-crown.</p>
<hi rend="italic">Prisoner's Defence.</hi> I found it about three o'clock in the morning, behind a night-cart—I stated this at the office.</p>
<hi rend="italic">At the prisoner's request, a statement made by himself before the Magistrate was read, which represented that he had found the coat laying behind a cart,</hi> </p>
<xptr type="pageFacsimile" doc="184212120034"/>
<hi rend="italic">and took it home; that he afterwards went up Ratcliff-highway to inquire for an owner, and saw four policemen.</hi>)</p>
<hi rend="smallCaps">
<rs id="t18421212-301-verdict-1" type="verdictDescription">
<interp inst="t18421212-301-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-301-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18421212-301-punishment-18" type="punishmentDescription">
<interp inst="t18421212-301-punishment-18" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-301-18421212 t18421212-301-punishment-18"/>Transported for Ten Years</rs>.</hi> </p>
<hi rend="italic">Before Mr. Baron Gurney.</hi> </p> </div1>
<div1 type="trialAccount" id="t18421212-302">
<interp inst="t18421212-302" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-302" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-302-charge-1" targOrder="Y" targets="def1-302-18421212 t18421212-302-offence-1 t18421212-302-verdict-1"/>
<join result="criminalCharge" id="t18421212-302-charge-2" targOrder="Y" targets="def2-302-18421212 t18421212-302-offence-2 t18421212-302-verdict-2"/>
<persName id="def1-302-18421212" type="defendantName">
<interp inst="def1-302-18421212" type="gender" value="male"/>
<interp inst="def1-302-18421212" type="age" value="19"/>
<interp inst="def1-302-18421212" type="surname" value="ALLEN"/>
<interp inst="def1-302-18421212" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT ALLEN</hi> </persName> was indicted
<rs id="t18421212-302-offence-1" type="offenceDescription">
<interp inst="t18421212-302-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18421212-302-offence-1" type="offenceSubcategory" value="housebreaking"/>for breaking and entering the dwelling-house of
<persName id="t18421212-name-179" type="victimName">
<interp inst="t18421212-name-179" type="gender" value="male"/>
<interp inst="t18421212-name-179" type="surname" value="FLOOD"/>
<interp inst="t18421212-name-179" type="given" value="MARK"/>
<join result="offenceVictim" targOrder="Y" targets="t18421212-302-offence-1 t18421212-name-179"/>Mark Flood</persName>, on the
<rs id="t18421212-cd-11" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18421212-302-offence-1 t18421212-cd-11"/>26th of Nov</rs>., at the hamlet of Rat
<lb/>cliff, and stealing therein, 1 blanket, value 4
<hi rend="italic">s</hi>.; 1 counterpane, 10
<hi rend="italic">s</hi>.; 1 bol
<lb/>ster, 6
<hi rend="italic">s</hi>.; 2 sheets, 5
<hi rend="italic">s</hi>.; 3 pillows, 10
<hi rend="italic">s</hi>.; 1 curtain, 6
<hi rend="italic">d</hi>., I night-gown, 1
<hi rend="italic">s</hi>.; 1 cap, 4
<hi rend="italic">d</hi>., 1 bolster-case, 6
<hi rend="italic">d</hi>., and 3 pillow-cases, 18
<hi rend="italic">d</hi>., his goods: and</rs>
<persName id="def2-302-18421212" type="defendantName">
<interp inst="def2-302-18421212" type="gender" value="female"/>
<interp inst="def2-302-18421212" type="age" value="23"/>
<interp inst="def2-302-18421212" type="surname" value="HAWKINS"/>
<interp inst="def2-302-18421212" type="given" value="DEBORAH"/>DEBORAH HAWKINS</persName>
<rs id="t18421212-302-offence-2" type="offenceDescription">
<interp inst="t18421212-302-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18421212-302-offence-2" type="offenceSubcategory" value="receiving"/>, for feloniously receiving the same, well knowing them to have been stolen.</rs> </p>
<hi rend="smallCaps">
<persName id="t18421212-name-181" type="witnessName">
<interp inst="t18421212-name-181" type="gender" value="female"/>
<interp inst="t18421212-name-181" type="surname" value="FLOOD"/>
<interp inst="t18421212-name-181" type="given" value="CATHERINE"/>CATHERINE FLOOD</persName> </hi>. I am the wife of Mark Flood, and live in the hamlet of Ratcliff. On Saturday, the 26th of Nov. I left my front-parlour between five and six o'clock, and went into the back-room on the same floor—I re
<lb/>turned about a quarter to six, found the window open, and the articles stated gone—the bed was stripped—I am sure I had shut the window down, but it was not fastened.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-182" type="witnessName">
<interp inst="t18421212-name-182" type="gender" value="male"/>
<interp inst="t18421212-name-182" type="surname" value="LEE"/>
<interp inst="t18421212-name-182" type="given" value="WILLIAM"/>WILLIAM LEE</persName> </hi> (
<hi rend="italic">police-constable K</hi> 268.) I received information, and ap
<lb/>prehended the prisoner Allen in a public-house in Brook-street, Ratcliff, on Sunday night, the 4th of Dec.—I took him to the station on suspicion of an
<lb/>other robbery—I then went to No. 6, Paul's-buildings, Ratcliff, with Taplin, another officer—as we came up to the door Hawkins came up—I asked if she lived there with Robert Allen—she said she did—I said I wanted to search her room—I went up with her and Taplin, and on a line in the room I found this night-gown—I asked how long she had had it—she said, "A long time"—I looked in the bed, and saw the sheets, pillow and case, and other things—I had a list of Mr. Flood's things at the time—I asked how long she had had those things—she said she had bought them—I said, "Can you tell me where?"—she said, "Here, in the room"—I asked if some one brought then for sale to her—she then said that she did not buy them, but that her husband bought them of a young man one day when she was out—I left her in the room with Taplin, and went to Mrs. Flood, who came and claimed the things—I then took Hawkins with the things to the station where Allen was—I told him I had brought a lot of things from his house which had been stolen, and that his wife said he had bought them of a young man in the room—he said, "I did not steal them, I bought them last Thursday up the lane; that is all I have to say about it."</p>
<hi rend="smallCaps">
<persName id="t18421212-name-183" type="witnessName">
<interp inst="t18421212-name-183" type="gender" value="male"/>
<interp inst="t18421212-name-183" type="surname" value="PUGH"/>
<interp inst="t18421212-name-183" type="given" value="WILLIAM"/>WILLIAM PUGH</persName> </hi>. I live in Elizabeth-street, Dorset-street, Ratcliff. On the last Saturday evening in Nov., about six o'clock, I was coming home with some grocery, and by the railway I saw two boys running with a great bundle between them—one of the boys was about seventeen or eighteen years old—I do not know either of them; it was so very dark I could not see their faces—they were abort forty yards from the prosecutor's house, coming as from Stepney-causeway—that does not lead from the prosecutor's—they were going at the side, not going by it—about ten minutes afterwards my mother sent me out for some bread, and as I came back I saw another boy at the same place, by the rail
<lb/>way, with a blanket rolled under his arm—it was a person about the same size as Allen.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-184" type="witnessName">
<interp inst="t18421212-name-184" type="gender" value="female"/>
<interp inst="t18421212-name-184" type="surname" value="HURLEY"/>
<interp inst="t18421212-name-184" type="given" value="MARY"/>MARY HURLEY</persName> </hi>. I live in Ball's-buildings, Ratcliff-cross; the two pri
<lb/>soners took a room of me. Last Saturday fortnight I was waiting for my husband to come home, and at six o'clock in the evening I saw Allen pass my door with a bundle on his back, going through the passage—he took it up stairs into the back-room, which was his room—I also saw Hawkins with a</p>
<xptr type="pageFacsimile" doc="184212120035"/>
<p>bundle under her cloak, which she took up stairs into the hack room—Allen's brother (the prisoner last tried) came in a few minutes after, and the prisoners had then gone out—the following week I went to their room to borrow a broom; I knocked at the door, it went open, and I saw the two prisoners emptying a feather bolster into a tick, and the feathers were flying out—I said, "Mrs. Allen, you are very busy."</p>
<hi rend="smallCaps">MRS. FLOOD</hi>
<hi rend="italic">re-examined.</hi> I have looked over all these things; they are all I lost, except the blanket and quilt, which are not here—some of the fea
<lb/>thers have been emptied out of my bolster and pillows.</p>
<hi rend="italic">Alien's Defence.</hi> On the night of the robbery I was at Mr. Ramsay's, at the top of Old Gravel-lane, from twenty minutes after five till eight o'clock; I went home to get some money to get some supper, and returned back to Mr. Ramsay's, where I stopped till eleven; I bought the things on Thurs
<lb/>day, up the lane, for 11
<hi rend="italic">s</hi>.</p>
<hi rend="italic">Hawkins's Defence.</hi> All that Hurley says is false.</p>
<hi rend="largeCaps">ALLEN</hi>
<hi rend="smallCaps">
<rs id="t18421212-302-verdict-1" type="verdictDescription">
<interp inst="t18421212-302-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-302-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 19.</p>
<hi rend="largeCaps">HAWKINS</hi>
<hi rend="smallCaps">
<rs id="t18421212-302-verdict-2" type="verdictDescription">
<interp inst="t18421212-302-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-302-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 23.</p>
<hi rend="italic">
<rs id="t18421212-302-punishment-19" type="punishmentDescription">
<interp inst="t18421212-302-punishment-19" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-302-18421212 t18421212-302-punishment-19"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-302-18421212 t18421212-302-punishment-19"/>Transported for Ten Years</rs>.</hi> </p>
<hi rend="italic">Before Mr. Baron Alder son.</hi> </p> </div1>
<div1 type="trialAccount" id="t18421212-303">
<interp inst="t18421212-303" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-303" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-303-charge-1" targOrder="Y" targets="def1-303-18421212 t18421212-303-offence-1 t18421212-303-verdict-1"/>
<persName id="def1-303-18421212" type="defendantName">
<interp inst="def1-303-18421212" type="gender" value="female"/>
<interp inst="def1-303-18421212" type="age" value="43"/>
<interp inst="def1-303-18421212" type="surname" value="BRYANT"/>
<interp inst="def1-303-18421212" type="given" value="JOHANNA"/>
<hi rend="largeCaps">JOHANNA BRYANT</hi> </persName> was indicted
<rs id="t18421212-303-offence-1" type="offenceDescription">
<interp inst="t18421212-303-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18421212-303-offence-1" type="offenceSubcategory" value="wounding"/>for feloniously assaulting
<persName id="t18421212-name-186" type="victimName">
<interp inst="t18421212-name-186" type="gender" value="male"/>
<interp inst="t18421212-name-186" type="surname" value="CUFFLEY"/>
<interp inst="t18421212-name-186" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18421212-303-offence-1 t18421212-name-186"/>Tho
<lb/>mas Cuffley</persName>, on the
<rs id="t18421212-cd-12" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18421212-303-offence-1 t18421212-cd-12"/>5th of Dec</rs>, and cutting and wounding him on the head, with intent to do him some grievous bodily harm.</rs> </p>
<hi rend="smallCaps">
<persName id="t18421212-name-187" type="witnessName">
<interp inst="t18421212-name-187" type="gender" value="male"/>
<interp inst="t18421212-name-187" type="surname" value="CUFFLEY"/>
<interp inst="t18421212-name-187" type="given" value="THOMAS"/>THOMAS CUFFLEY</persName> </hi>. I am fourteen years old, and live in Elder-walk, Lower-road, Islington. Last Monday week I was picking cinders there—the pri
<lb/>soner lives in Elder-walk, and goes out washing, I believe—I saw her come out after a boy who had been teasing her, I do not know his name—she was very angry, and was running after him with a chopper in her hand, trying to catch him, but he got away—I was standing on a dust-heap—I had not been teasing her, or doing anything—she came and leaned over a fence which was between me and her, and without speaking, hit me over the head with the edge of the chopper—it was a hard blow, it made my head bleed very much—she then ran away.</p>
<hi rend="italic">Prisoner.</hi> This lad has four times rushed on me in the street to rob me; he is the most notorious character in the Lower-road; I never saw the chop
<lb/>per; it was he that was teasing me.
<hi rend="italic">Witness.</hi> It was not, the was running after another boy.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-188" type="witnessName">
<interp inst="t18421212-name-188" type="gender" value="male"/>
<interp inst="t18421212-name-188" type="surname" value="WITDICKS"/>
<interp inst="t18421212-name-188" type="given" value="JAMES"/>JAMES WITDICKS</persName> </hi>. I saw a boy teasing the prisoner, it was not Cuffley, he ran away, and she after him, with the chopper in her hand—when she could not catch him, she went and leaned over the fence, and hit Cuffley across the head with the chopper—she then ran up the court with the chopper, and went into an oil-shop with it, and came out without it—she then ran into a baker's, took up a knife, and threatened to stick me through with it.</p>
<hi rend="italic">Prisoner.</hi> He is one of the party that wanted to rob me along with Cuffley.
<hi rend="italic">Witness.</hi> I did not.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-189" type="witnessName">
<interp inst="t18421212-name-189" type="gender" value="male"/>
<interp inst="t18421212-name-189" type="surname" value="TURFREY"/>
<interp inst="t18421212-name-189" type="given" value="GEORGE"/>GEORGE TURFREY</persName> </hi>. I am shop-boy at the oil-shop. We keep our shutters behind the door in the passage—as I was putting up the shutters, on the night in question, I found this chopper there—I gave it to my master.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-190" type="witnessName">
<interp inst="t18421212-name-190" type="gender" value="male"/>
<interp inst="t18421212-name-190" type="surname" value="WITHERS"/>
<interp inst="t18421212-name-190" type="given" value="THOMAS"/>THOMAS WITHERS</persName> </hi>. I am a policeman. I received this chopper from Mr. Waite, the oil-man—I took the prisoner, and told her it was respecting chop
<lb/>ping the boy's head—she said she wished she had murdered the b—, and re
<lb/>peated it several times.</p>
<hi rend="italic">Prisoner.</hi> I do not know what I said, I was in such a passion; they are such a notorious set of characters.
<hi rend="italic">Witness.</hi> She complained when I took</p>
<xptr type="pageFacsimile" doc="184212120036"/>
<p>her, of the boy's attempting to rob her on the Saturday previous—she never complained of them to me before.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-191" type="witnessName">
<interp inst="t18421212-name-191" type="gender" value="male"/>
<interp inst="t18421212-name-191" type="surname" value="CLIFTON"/>
<interp inst="t18421212-name-191" type="given" value="NATHANIEL HENRY"/>NATHANIEL HENRY CLIFTON</persName> </hi>. I am a surgeon, and live at Islington. I saw the boy's head—it was a severe wound—not immediately dangerous, though we expected dangerous consequences from it—it was an incised wound, and went through the hair and scalp—it must have been inflicted with consi
<lb/>derable violence—this chopper is just the sort of instrument that would have done it.</p>
<hi rend="italic">Prisoner's Defence.</hi> He stopped me to rob me, and I threw him against a brick-wall, which I believe caused the cut on his head; I was making my way to the station to give him into custody, but instead of that, they took me; all the neighbourhood are constantly complaining of his snatching things out of their hands as soon as they get out of their doors; I cannot walk the streets for him; and he is always throwing stones and bricks, and breaking my windows; they are a combined set of thieves, who will swear for one an
<lb/>other; the police well know that the whole neighbourhood are constantly complaining of Cuffley and his gang.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-192" type="witnessName">
<interp inst="t18421212-name-192" type="gender" value="male"/>
<interp inst="t18421212-name-192" type="surname" value="WITHERS"/>
<interp inst="t18421212-name-192" type="given" value="THOMAS"/>THOMAS WITHERS</persName> </hi>
<hi rend="italic">re-examined.</hi> Cuffley has been tried and convicted at this Court, with the prisoner's son, for stealing a waistcoat some time ago.</p>
<rs id="t18421212-303-verdict-1" type="verdictDescription">
<interp inst="t18421212-303-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-303-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>. Aged 43.—
<hi rend="italic">Recommended to mercy.</hi> </rs>
<hi rend="italic">
<rs id="t18421212-303-punishment-20" type="punishmentDescription">
<interp inst="t18421212-303-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18421212-303-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-303-18421212 t18421212-303-punishment-20"/>Confined Six Months</rs>.</hi> </p>
<hi rend="italic">Before Mr. Baron Gurney.</hi> </p> </div1>
<div1 type="trialAccount" id="t18421212-304">
<interp inst="t18421212-304" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-304" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-304-charge-1" targOrder="Y" targets="def1-304-18421212 t18421212-304-offence-1 t18421212-304-verdict-1"/>
<persName id="def1-304-18421212" type="defendantName">
<interp inst="def1-304-18421212" type="gender" value="male"/>
<interp inst="def1-304-18421212" type="age" value="18"/>
<interp inst="def1-304-18421212" type="surname" value="DONOVAN"/>
<interp inst="def1-304-18421212" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES DONOVAN</hi> </persName> was indicted
<rs id="t18421212-304-offence-1" type="offenceDescription">
<interp inst="t18421212-304-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18421212-304-offence-1" type="offenceSubcategory" value="housebreaking"/>for breaking and entering the dwelling-house of
<persName id="t18421212-name-194" type="victimName">
<interp inst="t18421212-name-194" type="gender" value="male"/>
<interp inst="t18421212-name-194" type="surname" value="POWELL"/>
<interp inst="t18421212-name-194" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18421212-304-offence-1 t18421212-name-194"/>William Powell</persName>, on the
<rs id="t18421212-cd-13" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18421212-304-offence-1 t18421212-cd-13"/>3rd of Dec</rs>, at
<placeName id="t18421212-geo-4">
<join result="offencePlace" targOrder="Y" targets="t18421212-304-offence-1 t18421212-geo-4"/>St. Anne, Lime-house</placeName>, and stealing therein, 1 gown, value 7
<hi rend="italic">s</hi>.; and 1 pair of trowsers, 2
<hi rend="italic">s</hi>.; his property; and 1 bed, 7
<hi rend="italic">s</hi>., the goods of
<persName id="t18421212-name-195" type="victimName">
<interp inst="t18421212-name-195" type="gender" value="male"/>
<interp inst="t18421212-name-195" type="surname" value="RALPH"/>
<interp inst="t18421212-name-195" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18421212-304-offence-1 t18421212-name-195"/>John Ralph</persName>; and that he had been before convicted of felony.</rs> </p>
<hi rend="smallCaps">
<persName id="t18421212-name-196" type="witnessName">
<interp inst="t18421212-name-196" type="gender" value="male"/>
<interp inst="t18421212-name-196" type="surname" value="POWELL"/>
<interp inst="t18421212-name-196" type="given" value="WILLIAM"/>WILLIAM POWELL</persName> </hi>. I live in Pheasant-court, St. Ann's, Limehouse, and keep the house. On Saturday, the 3rd of Dec., I was in my back parlour—I had been in the front room half-an-hour previously—when I left it I shut the door—there was no lock to it, and I fastened it with a rope to a nail—be
<lb/>tween seven and eight o'clock in the evening, I observed, through a glass par
<lb/>tition, a light in the front room—I had left no light there—I immediately ran into the front room, and found the door open—there was no light then, but there was a strong smell of lucifer-matches—I called for a light—my wife brought one—I looked about—my brother-in-law ran out in pursuit of an
<lb/>other party, and on his return I found the prisoner behind the door of the front-room—he flew out on me—with some difficulty I got him down, and he then pretended to faint away—I missed a gown off the bed-post, and a pair of trowsers from a box in the fire-place, which I had seen safe about half-an-hour before—I found the trowsers close to the door, rolled up with a sailor's bed of my brother's, ready to take away—I asked the prisoner what he had done with the gown—he said, "I have given the gown to a man named Fagan, who is dancing at the Crown, in Ratcliff; I will give you any money to let me go, and if you doubt my word, you shall keep my clothes till I return it—I sent for a policeman and gave him in charge.</p>
<hi rend="italic">Prisoner.</hi> He did not catch me behind the door, it was in the passage.
<hi rend="italic">Witness.</hi> He was behind the room door.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-197" type="witnessName">
<interp inst="t18421212-name-197" type="gender" value="male"/>
<interp inst="t18421212-name-197" type="surname" value="RALFH"/>
<interp inst="t18421212-name-197" type="given" value="JOHN"/>JOHN RALFH</persName> </hi>. I was sitting with my brother in the back room, and saw the light in the front room—I followed my brother to the front room, and saw a person behind the street-door, who ran out—I ran after him—he got away—as I came back, I saw the prisoner's brass buttons shining behind the door—I called out, "There is somebody behind the door"—we opened the door, and he attempted to strike us.</p>
<xptr type="pageFacsimile" doc="184212120037"/>
<hi rend="smallCaps">
<persName id="t18421212-name-198" type="witnessName">
<interp inst="t18421212-name-198" type="gender" value="female"/>
<interp inst="t18421212-name-198" type="surname" value="RALPH"/>
<interp inst="t18421212-name-198" type="given" value="CATHERINE"/>CATHERINE RALPH</persName> </hi>. I saw the prisoner taken.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-199" type="witnessName">
<interp inst="t18421212-name-199" type="gender" value="male"/>
<interp inst="t18421212-name-199" type="surname" value="GOLD"/>
<interp inst="t18421212-name-199" type="given" value="HENRY"/>HENRY GOLD</persName> </hi> (
<hi rend="italic">police-constable R</hi> 202.) I was called in, and took the pri
<lb/>soner—the bed and trowsers were given to me, and a box of lucifers, which dropped out of the prisoner's cap.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-200" type="witnessName">
<interp inst="t18421212-name-200" type="gender" value="male"/>
<interp inst="t18421212-name-200" type="surname" value="POWELL"/>
<interp inst="t18421212-name-200" type="given" value="WILLIAM"/>WILLIAM POWELL</persName> </hi>
<hi rend="italic">re-examined.</hi> They dropped out of hit cap in the scuffle—these trowsers are mine, and the bed my brother's.</p>
<hi rend="italic">Prisoner's Defence.</hi> The woman drew the box of lucifers in her hand, and laid them there—they knocked me about terribly.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-201" type="witnessName">
<interp inst="t18421212-name-201" type="gender" value="female"/>
<interp inst="t18421212-name-201" type="surname" value="RALPH"/>
<interp inst="t18421212-name-201" type="given" value="CATHERINE"/>CATHERINE RALPH</persName> </hi>
<hi rend="italic">re-examined.</hi> I did nothing to the lucifers.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-202" type="witnessName">
<interp inst="t18421212-name-202" type="gender" value="male"/>
<interp inst="t18421212-name-202" type="surname" value="GOULD"/>
<interp inst="t18421212-name-202" type="given" value="HENRY"/>HENRY GOULD</persName> </hi>. I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—I was present at his trial—he is the per
<hi rend="italic">read.</hi>)</p>
<hi rend="smallCaps">
<rs id="t18421212-304-verdict-1" type="verdictDescription">
<interp inst="t18421212-304-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-304-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 18.—
<hi rend="italic">
<rs id="t18421212-304-punishment-21" type="punishmentDescription">
<interp inst="t18421212-304-punishment-21" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-304-18421212 t18421212-304-punishment-21"/>Transported for Life</rs>.</hi> </p>
<hi rend="italic">Before Mr. Baron Alderson.</hi> </p> </div1>
<div1 type="trialAccount" id="t18421212-305">
<interp inst="t18421212-305" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-305" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-305-charge-1" targOrder="Y" targets="def1-305-18421212 t18421212-305-offence-1 t18421212-305-verdict-1"/>
<persName id="def1-305-18421212" type="defendantName">
<interp inst="def1-305-18421212" type="gender" value="male"/>
<interp inst="def1-305-18421212" type="age" value="22"/>
<interp inst="def1-305-18421212" type="surname" value="THOMPSON"/>
<interp inst="def1-305-18421212" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE THOMPSON</hi> </persName> was indicted
<rs id="t18421212-305-offence-1" type="offenceDescription">
<interp inst="t18421212-305-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18421212-305-offence-1" type="offenceSubcategory" value="housebreaking"/>for breaking and entering the dwelling-house of
<persName id="t18421212-name-204" type="victimName">
<interp inst="t18421212-name-204" type="gender" value="male"/>
<interp inst="t18421212-name-204" type="surname" value="SMALLEY"/>
<interp inst="t18421212-name-204" type="given" value="JOSEPH SMOLT"/>
<join result="offenceVictim" targOrder="Y" targets="t18421212-305-offence-1 t18421212-name-204"/>Joseph Smolt Sraalley</persName>, on the
<rs id="t18421212-cd-14" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18421212-305-offence-1 t18421212-cd-14"/>5th of Dec</rs>, at
<placeName id="t18421212-geo-5">
<join result="offencePlace" targOrder="Y" targets="t18421212-305-offence-1 t18421212-geo-5"/> St. Mary, Islington</placeName>, and stealing therein, 1 boa, value 10
<hi rend="italic">s</hi>.; 2 tippets, 1
<hi rend="italic">l</hi>., 3 bonnets. 8
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., 1 counterpane, 4
<hi rend="italic">s</hi>.; 1 blanket, 4
<hi rend="italic">s</hi>.; 1 sheet, 2
<hi rend="italic">s</hi>.; and 1 pair of sleeves, 1
<hi rend="italic">s</hi>.; his goods.</rs> </p>
<hi rend="smallCaps">
<persName id="t18421212-name-205" type="witnessName">
<interp inst="t18421212-name-205" type="gender" value="female"/>
<interp inst="t18421212-name-205" type="surname" value="SMALLEY"/>
<interp inst="t18421212-name-205" type="given" value="ALICE"/>ALICE SMALLEY</persName> </hi>. I am the wife of Joseph Smolt Smallty, a watchmaker, and live at No. 16, Spencer-street, in the parish of St. Mary, Islington. On Monday, the 5th of Dec. I left my parlour, leaving the top sain of the win
<lb/>dow two or three inches open—the bottom sash was down—I returned in half-an-hour, and found the bottom sash wide open—I missed the articles stated, which are worth 2
<hi rend="italic">l</hi>.—I saw them again that same night.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-206" type="witnessName">
<interp inst="t18421212-name-206" type="gender" value="male"/>
<interp inst="t18421212-name-206" type="surname" value="BROOKS"/>
<interp inst="t18421212-name-206" type="given" value="DAVID WILLIAM"/>DAVID WILLIAM BROOKS</persName> </hi>. I live in Pleasant-row, Islington. Last Mon
<lb/>day evening se'nnight, between six and half-past six o'clock, I was on the footpath near my house, about 300 yards from the prosecutor's house—I saw a roan standing still on the footpath, with a largo white bundle about a yard round—I cannot swear to the prisoner being the man, or whether he is like him—it was between dark and light—he asked me if there was a thoroughfare, and the name of the place—I told him—he said he had tumbled down, and broken his knee.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-207" type="witnessName">
<interp inst="t18421212-name-207" type="gender" value="male"/>
<interp inst="t18421212-name-207" type="surname" value="MEREDITH"/>
<interp inst="t18421212-name-207" type="given" value="JOHN"/>JOHN MEREDITH</persName> </hi>. I am a policeman. Last Monday se'nnight, about half-past six o'clock, I was going up Pleasant-row, and met the prisoner—I had known him for six or seven months—he had nothing with him at that time—I asked his business there—it was no thoroughfare—he said he had been on a message to No. 9 in that row, that he had fallen down, and had like to break his knee—he was rubbing his left knee with his hand at the time, and I saw that his trowsers were torn—I was quite close to him—I stopped him, and then let him go as he had nothing with him—he was able to run after I let him go—I went between thirty and forty yards further, and found the bundle lying on the footway, between Nos. 10 and 11—that was in a direction from which the prisoner was coming.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> What sort of a night was it?
<hi rend="italic">A.</hi> A foggy night—I looked at his knee, and am quite confident his trowsers were torn—I could not see his flesh—he did not run very fast.</p>
<hi rend="smallCaps">D. W. BROOKS</hi>
<hi rend="italic">re-examined.</hi> I saw the man in front of our door, which is No. 11—the door was open, and I shut it in front of him, came out, and went away, leaving him there—I do not know what became of him after.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-208" type="witnessName">
<interp inst="t18421212-name-208" type="gender" value="male"/>
<interp inst="t18421212-name-208" type="surname" value="NORTH"/>
<interp inst="t18421212-name-208" type="given" value="CHRISTOPHER"/>CHRISTOPHER NORTH</persName> </hi>. I am a policeman. I took the prisoner into cus
<lb/>tody on Monday night, between eleven and twelve o'clock, on a charge of drunkenness—I had heard of this robbery—I took off his shoes between five</p>
<xptr type="pageFacsimile" doc="184212120038"/>
<p>and six next morning, and went with them to the prosecutor's premises—I found two foot-marks about a yard from the window, which had been partially left open—they were marks of a right and left foot—there was the impression of three nails in the right foot, and I found three corresponding in the pri
<lb/>soner's right shoe—the mark of the left foot also corresponded with his left shoe, and they were the same size—I measured them—according to my judg
<lb/>ment those two foot-marks corresponded with the prisoner's two boots.</p>
<hi rend="italic">Cross-examined. Q.</hi> When was it you made the measurement?
<hi rend="italic">A.</hi> Just before eight o'clock next morning—it was light then—it is an open street—I put the shoe into the mark.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you examine the foot-marks before you did so?
<hi rend="italic">A.</hi> I did, and saw those three nails before I put it down—the shape was exact when I put it in—I did it softly—it was soft mould—it is a front garden, with shrubs in it—I observed this ridge across in the left mark before I put the shoe in it—the left shoe has one nail in the centre, and there was a mark of that.</p>
<hi rend="smallCaps">MRS. SMALLEY</hi>
<hi rend="italic">re-examined.</hi> This bundle contains all I lost.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-209" type="witnessName">
<interp inst="t18421212-name-209" type="gender" value="female"/>
<interp inst="t18421212-name-209" type="surname" value="CHATTELL"/>
<interp inst="t18421212-name-209" type="given" value="SARAH"/>SARAH CHATTELL</persName> </hi>. I am servant at No. 9, Pleasant-row. I was at home on Monday evening from four till eight o'clock—I usually attend the door—there was no one else to do so at that time—no one came there with a message.</p>
<hi rend="italic">Cross-examined. Q.</hi> Who lives in the house?
<hi rend="italic">A.</hi> Mr. and Mrs. Sebbon—no other person—master and mistress were both at home in the evening.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> They do not answer the door, I suppose?
<hi rend="italic">A.</hi> Not unless I am out—I was not out.</p>
<p>(William Taylor, bootmaker, 195, Whitecross-street; John Smith, boot
<lb/>maker, Memell-street, Old-street; and William Rawlins, shoemaker, Britan
<lb/>nia-row, Islington, deposed to the prisoner's good character.)</p>
<rs id="t18421212-305-verdict-1" type="verdictDescription">
<interp inst="t18421212-305-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-305-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi> of Stealing only. Aged 22.—</rs>
<rs id="t18421212-305-punishment-22" type="punishmentDescription">
<interp inst="t18421212-305-punishment-22" type="punishmentCategory" value="noPunish"/>
<interp inst="t18421212-305-punishment-22" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-305-18421212 t18421212-305-punishment-22"/>
<hi rend="italic">Judgment Respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18421212-306">
<interp inst="t18421212-306" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-306" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-306-charge-1" targOrder="Y" targets="def1-306-18421212 t18421212-306-offence-1 t18421212-306-verdict-1"/>
<persName id="def1-306-18421212" type="defendantName">
<interp inst="def1-306-18421212" type="gender" value="female"/>
<interp inst="def1-306-18421212" type="age" value="21"/>
<interp inst="def1-306-18421212" type="surname" value="HOPKINS"/>
<interp inst="def1-306-18421212" type="given" value="HANNAH"/>
<hi rend="largeCaps">HANNAH HOPKINS</hi> </persName> was indicted
<rs id="t18421212-306-offence-1" type="offenceDescription">
<interp inst="t18421212-306-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18421212-306-offence-1" type="offenceSubcategory" value="theftFromPlace"/>for stealing, on the
<rs id="t18421212-cd-15" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18421212-306-offence-1 t18421212-cd-15"/>10th of Nov</rs>., at
<placeName id="t18421212-geo-6">
<join result="offencePlace" targOrder="Y" targets="t18421212-306-offence-1 t18421212-geo-6"/>St. James's, Clerkenwell</placeName>, I looking-glass and frame, value 1
<hi rend="italic">l</hi>., 2 gowns, 1
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.; 1 bonnet, 14
<hi rend="italic">s</hi>.; 1 scarf, 3
<hi rend="italic">s</hi>.; 3 petticoats, 10
<hi rend="italic">s</hi>.; 1 tippet, 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., 1 shawl, 3
<hi rend="italic">s</hi>.; 6 caps, 10
<hi rend="italic">s</hi>.; 5 collars, 5
<hi rend="italic">s</hi>.; 1 pair of boots, 1
<hi rend="italic">s</hi>.; 2 tea-cannisters, 5
<hi rend="italic">s</hi>.; 1 tumbler, 6
<hi rend="italic">d</hi>., 1 mustard-pot, 6
<hi rend="italic">d</hi>., 1 snuff-box, 1
<hi rend="italic">s</hi>.; 1 pocket-book, 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., 1 toothpick, 1
<hi rend="italic">s</hi>.; and 2 aprons, 1
<hi rend="italic">s</hi>.; the goods of
<persName id="t18421212-name-211" type="victimName">
<interp inst="t18421212-name-211" type="gender" value="indeterminate"/>
<interp inst="t18421212-name-211" type="surname" value="PIKE"/>
<interp inst="t18421212-name-211" type="given" value="COMFORT"/>
<join result="offenceVictim" targOrder="Y" targets="t18421212-306-offence-1 t18421212-name-211"/>Comfort Pike</persName>: 1 cloak, 3
<hi rend="italic">s</hi>.; 1 bonnet, 4
<hi rend="italic">s</hi>.; 3 frocks, 6
<hi rend="italic">s</hi>.; and 1 hand
<lb/>kerchief, 2
<hi rend="italic">s</hi>.; the goods of
<persName id="t18421212-name-212" type="victimName">
<interp inst="t18421212-name-212" type="gender" value="female"/>
<interp inst="t18421212-name-212" type="surname" value="BAKER"/>
<interp inst="t18421212-name-212" type="given" value="CAROLINE"/>
<join result="offenceVictim" targOrder="Y" targets="t18421212-306-offence-1 t18421212-name-212"/>Caroline Baker</persName>: and 1 shawl, 5
<hi rend="italic">s</hi>.; and 1 scarf, 2
<hi rend="italic">s</hi>.; the goods of
<persName id="t18421212-name-213" type="victimName">
<interp inst="t18421212-name-213" type="gender" value="female"/>
<interp inst="t18421212-name-213" type="surname" value="BAKER"/>
<interp inst="t18421212-name-213" type="given" value="HARRIET"/>
<join result="offenceVictim" targOrder="Y" targets="t18421212-306-offence-1 t18421212-name-213"/>Harriet Baker</persName>, in the dwelling-house of
<persName id="t18421212-name-214" type="victimName">
<interp inst="t18421212-name-214" type="gender" value="female"/>
<interp inst="t18421212-name-214" type="surname" value="BLANKLEY"/>
<interp inst="t18421212-name-214" type="given" value="ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t18421212-306-offence-1 t18421212-name-214"/>Elizabeth Blankley</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18421212-name-215" type="witnessName">
<interp inst="t18421212-name-215" type="gender" value="indeterminate"/>
<interp inst="t18421212-name-215" type="surname" value="PIKE"/>
<interp inst="t18421212-name-215" type="given" value="COMFORT"/>COMFORT PIKE</persName> </hi>. I am a widow, and live at No. 45, White Lion-street, in the house of Elizabeth Blankley, who keeps the house, and lives in the back-parlour—I occupy the back-room, two-pair—the prisoner came to lodge in my zoom on a Monday night, at the beginning of November—she was brought to bed in my room on Sunday evening—she has no husband—the baby lived two days and two nights, and then died—I took care of her while she was at my house—I pledged some of my things and a shawl of the prisoner's to pay for the child's burial—she got well about the end of Nov.—she gave me a letter, I think on the 16th, and told me to take it to No. 24, over the City-road, beyond the Eagle, and I should there receive 255.—I went, but could not find any such a name or number as she told me—I brought the letter back—when I went out I left her in my room, and when I returned she was gone, and I missed the articles stated in the indictment—most of them be
<lb/>longed to myself, and some to my two grand-daughters, Caroline and Harriet Baker—it was all the property I had—she stripped me out—there are many</p>
<xptr type="pageFacsimile" doc="184212120039"/>
<p>trifling things which are not stated—they were worth 5
<hi rend="italic">l</hi>. altogether—I have recovered the glass, a frock, a cloak, a scarf, and Harriet Baker's shawl—I go out washing and charing, but I have been ill for twelve months.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-216" type="witnessName">
<interp inst="t18421212-name-216" type="gender" value="male"/>
<interp inst="t18421212-name-216" type="surname" value="SMITH"/>
<interp inst="t18421212-name-216" type="given" value="WILLIAM"/>WILLIAM SMITH</persName> </hi>. I live with my father, a pawnbroker, in Clark's-place, Islington. I produce a looking-glass, a cloak, a gown, and other things, pawned by the prisoner on the 16th of November.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-217" type="witnessName">
<interp inst="t18421212-name-217" type="gender" value="male"/>
<interp inst="t18421212-name-217" type="surname" value="WATSON"/>
<interp inst="t18421212-name-217" type="given" value="JOHN"/>JOHN WATSON</persName> </hi>. I am assistant to a pawnbroker at Battle-bridge, I pro
<lb/>duce a shawl pawned by the prisoner on the 16th of November.</p>
<hi rend="smallCaps">MRS. PIKE</hi>
<hi rend="italic">re-examined.</hi> This is my looking-glass and other things—they are all mine, and are the things that were taken away on the 16th of Nov.—this is my shawl.</p>
<hi rend="smallCaps">
<persName id="t18421212-name-218" type="witnessName">
<interp inst="t18421212-name-218" type="gender" value="male"/>
<interp inst="t18421212-name-218" type="surname" value="FOX"/>
<interp inst="t18421212-name-218" type="given" value="JAMES"/>JAMES FOX</persName> </hi>. I am a policeman. I took the prisoner into custody last Thursday—she said the things she had taken were not worth 52.—she wrote a letter in the Police-court, stating that the remaining part, which was not found, were in the country at Whitchurch, at her father's house—I saw her mother last Monday at the police-court, and she said in the prisoner's presence that she had brought nothing at all, that there were no such things there.</p>
<hi rend="italic">Prisoner's Defence.</hi> I am guilty of the things which I pawned, but I never saw any more, and I do not believe she had such things; she was always complaining, and saying she had nothing worth 6
<hi rend="italic">s</hi>.; I pawned the things to take me home, as I had no money.</p>
<rs id="t18421212-306-verdict-1" type="verdictDescription">
<interp inst="t18421212-306-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18421212-306-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi> of Stealing under 5
<hi rend="italic">l</hi>. value.</rs> Aged 21.—
<hi rend="italic">
<rs id="t18421212-306-punishment-23" type="punishmentDescription">
<interp inst="t18421212-306-punishment-23" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-306-18421212 t18421212-306-punishment-23"/>Transported for Seven Years</rs>.</hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, December</hi> 12
<hi rend="italic">th,</hi> 1842.</p>
<hi rend="italic">Fifth Jury, before Mr. Common Sergeant.</hi> </p>
<div1 type="trialAccount" id="t18421212-307">
<interp inst="t18421212-307" type="uri" value="sessionsPapers/18421212"/>
<interp inst="t18421212-307" type="date" value="18421212"/>
<join result="criminalCharge" id="t18421212-307-charge-1" targOrder="Y" targets="def1-307-18421212 t18421212-307-offence-1 t18421212-307-verdict-1"/>
<join result="criminalCharge" id="t18421212-307-charge-2" targOrder="Y" targets="def2-307-18421212 t18421212-307-offence-1 t18421212-307-verdict-2"/>
<persName id="def1-307-18421212" type="defendantName">
<interp inst="def1-307-18421212" type="gender" value="male"/>
<interp inst="def1-307-18421212" type="age" value="18"/>