<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<div1 type="frontMatter" id="f18441216">
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<interp inst="f18441216" type="date" value="18441216"/>
<p>GIBBS, MAYOR.</p>
<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 16th, 1844, and following Days.</p>
<p>Before the Right Honourable
<hi rend="largeCaps">MICHAEL GIBBS</hi>,
<hi rend="smallCaps">LORD MAYOR</hi> of the City of London; Sir Nicholas Conyngham Tyndal, Knt., Lord Chief Justice of her Majesty's Court of Common Pleas; Sir Robert Monsey Rolfe, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir William Wightman, Knt., one of the Justices of Her Majesty's Court of Queen's Bench: Sir Peter Laurie, Knt.; Sir John Key, Bart.;
<persName id="t18441216-name-1" type="judiciaryName">
<interp inst="t18441216-name-1" type="gender" value="male"/>
<interp inst="t18441216-name-1" type="surname" value="WILSON"/>
<interp inst="t18441216-name-1" type="given" value="SAMUEL"/>Samuel Wilson</persName>, Esq.; Sir Chapman Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City:
<persName id="t18441216-name-2" type="judiciaryName">
<interp inst="t18441216-name-2" type="gender" value="male"/>
<interp inst="t18441216-name-2" type="surname" value="WOOD"/>
<interp inst="t18441216-name-2" type="given" value="THOMAS"/>Thomas Wood</persName>, Esq.; John Kinnersley Hooper, Esq.; Sir James Duke, Knt.; Thomas Challis, Esq.; John Musgrove, Esq.; William Hughes Hughes, Esq.; Francis Graham Moon, Esq.; Aldermen of the said City: and Edward Bullock, Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges 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="t18441216-name-3" type="jurorName">
<interp inst="t18441216-name-3" type="gender" value="male"/>
<interp inst="t18441216-name-3" type="surname" value="GOODRICH"/>
<interp inst="t18441216-name-3" type="given" value="SIMON"/>Simon Goodrich</persName> </p>
<persName id="t18441216-name-4" type="jurorName">
<interp inst="t18441216-name-4" type="gender" value="male"/>
<interp inst="t18441216-name-4" type="surname" value="REEVES"/>
<interp inst="t18441216-name-4" type="given" value="GEORGE DANIEL"/>George Daniel Reeves</persName> </p>
<persName id="t18441216-name-5" type="jurorName">
<interp inst="t18441216-name-5" type="gender" value="male"/>
<interp inst="t18441216-name-5" type="surname" value="MORGAN"/>
<interp inst="t18441216-name-5" type="given" value="JOSIAH"/>Josiah Morgan</persName> </p>
<persName id="t18441216-name-6" type="jurorName">
<interp inst="t18441216-name-6" type="gender" value="male"/>
<interp inst="t18441216-name-6" type="surname" value="M'KENZIE"/>
<interp inst="t18441216-name-6" type="given" value="ALEXANDER"/>Alexander M'Kenzie</persName> </p>
<persName id="t18441216-name-7" type="jurorName">
<interp inst="t18441216-name-7" type="gender" value="male"/>
<interp inst="t18441216-name-7" type="surname" value="LIVETH"/>
<interp inst="t18441216-name-7" type="given" value="WILLIAM"/>William Liveth</persName> </p>
<persName id="t18441216-name-8" type="jurorName">
<interp inst="t18441216-name-8" type="gender" value="male"/>
<interp inst="t18441216-name-8" type="surname" value="PARNELL"/>
<interp inst="t18441216-name-8" type="given" value="MICHAEL"/>Michael Parnell</persName> </p>
<persName id="t18441216-name-9" type="jurorName">
<interp inst="t18441216-name-9" type="gender" value="male"/>
<interp inst="t18441216-name-9" type="surname" value="REYNOLDS"/>
<interp inst="t18441216-name-9" type="given" value="JAMES"/>James Reynolds</persName> </p>
<persName id="t18441216-name-10" type="jurorName">
<interp inst="t18441216-name-10" type="gender" value="male"/>
<interp inst="t18441216-name-10" type="surname" value="FISHER"/>
<interp inst="t18441216-name-10" type="given" value="JOHN HOWELL"/>John Howell Fisher</persName> </p>
<persName id="t18441216-name-11" type="jurorName">
<interp inst="t18441216-name-11" type="gender" value="male"/>
<interp inst="t18441216-name-11" type="surname" value="ANSELL"/>
<interp inst="t18441216-name-11" type="given" value="ABRAHAM"/>Abraham Ansell</persName> </p>
<persName id="t18441216-name-12" type="jurorName">
<interp inst="t18441216-name-12" type="gender" value="male"/>
<interp inst="t18441216-name-12" type="surname" value="LUCK"/>
<interp inst="t18441216-name-12" type="given" value="WILLIAM"/>William Luck</persName> </p>
<persName id="t18441216-name-13" type="jurorName">
<interp inst="t18441216-name-13" type="gender" value="male"/>
<interp inst="t18441216-name-13" type="surname" value="PARROTT"/>
<interp inst="t18441216-name-13" type="given" value="WILLIAM GEORGE"/>William George Parrott</persName> </p>
<persName id="t18441216-name-14" type="jurorName">
<interp inst="t18441216-name-14" type="gender" value="male"/>
<interp inst="t18441216-name-14" type="surname" value="ROLAND"/>
<interp inst="t18441216-name-14" type="given" value="CHRISTOPHER RICHARD"/>Christopher Richard Roland</persName> </p>
<hi rend="italic">Second Jury</hi>.</p>
<persName id="t18441216-name-15" type="jurorName">
<interp inst="t18441216-name-15" type="gender" value="male"/>
<interp inst="t18441216-name-15" type="surname" value="WEBB"/>
<interp inst="t18441216-name-15" type="given" value="GEORGE"/>George Webb</persName> </p>
<persName id="t18441216-name-16" type="jurorName">
<interp inst="t18441216-name-16" type="gender" value="male"/>
<interp inst="t18441216-name-16" type="surname" value="PROBY"/>
<interp inst="t18441216-name-16" type="given" value="JOHN"/>John Proby</persName> </p>
<persName id="t18441216-name-17" type="jurorName">
<interp inst="t18441216-name-17" type="gender" value="male"/>
<interp inst="t18441216-name-17" type="surname" value="COLE"/>
<interp inst="t18441216-name-17" type="given" value="GEORGE MASON"/>George Mason Cole</persName> </p>
<persName id="t18441216-name-18" type="jurorName">
<interp inst="t18441216-name-18" type="gender" value="male"/>
<interp inst="t18441216-name-18" type="surname" value="NEWTON"/>
<interp inst="t18441216-name-18" type="given" value="JOHN"/>John Newton</persName> </p>
<persName id="t18441216-name-19" type="jurorName">
<interp inst="t18441216-name-19" type="gender" value="male"/>
<interp inst="t18441216-name-19" type="surname" value="MARTIN"/>
<interp inst="t18441216-name-19" type="given" value="SAMUEL"/>Samuel Martin</persName> </p>
<persName id="t18441216-name-20" type="jurorName">
<interp inst="t18441216-name-20" type="gender" value="male"/>
<interp inst="t18441216-name-20" type="surname" value="KEATLEY"/>
<interp inst="t18441216-name-20" type="given" value="THOMAS"/>Thomas Keatley</persName> </p>
<persName id="t18441216-name-21" type="jurorName">
<interp inst="t18441216-name-21" type="gender" value="male"/>
<interp inst="t18441216-name-21" type="surname" value="HILL"/>
<interp inst="t18441216-name-21" type="given" value="WILLIAM"/>William Hill</persName> </p>
<persName id="t18441216-name-22" type="jurorName">
<interp inst="t18441216-name-22" type="gender" value="male"/>
<interp inst="t18441216-name-22" type="surname" value="PRESTON"/>
<interp inst="t18441216-name-22" type="given" value="RALPH"/>Ralph Preston</persName> </p>
<persName id="t18441216-name-23" type="jurorName">
<interp inst="t18441216-name-23" type="gender" value="male"/>
<interp inst="t18441216-name-23" type="surname" value="RICHARDS"/>
<interp inst="t18441216-name-23" type="given" value="WILLIAM"/>William Richards</persName> </p>
<persName id="t18441216-name-24" type="jurorName">
<interp inst="t18441216-name-24" type="gender" value="male"/>
<interp inst="t18441216-name-24" type="surname" value="RULE"/>
<interp inst="t18441216-name-24" type="given" value="BENJAMIN"/>Benjamin Rule</persName> </p>
<persName id="t18441216-name-25" type="jurorName">
<interp inst="t18441216-name-25" type="gender" value="male"/>
<interp inst="t18441216-name-25" type="surname" value="ADAMS"/>
<interp inst="t18441216-name-25" type="given" value="JAMES"/>James Adams</persName> </p>
<persName id="t18441216-name-26" type="jurorName">
<interp inst="t18441216-name-26" type="gender" value="male"/>
<interp inst="t18441216-name-26" type="surname" value="HORNE"/>
<interp inst="t18441216-name-26" type="given" value="THOMAS"/>Thomas Horne</persName> </p>
<hi rend="italic">Third Jury</hi>.</p>
<persName id="t18441216-name-27" type="jurorName">
<interp inst="t18441216-name-27" type="gender" value="male"/>
<interp inst="t18441216-name-27" type="surname" value="MORGAN"/>
<interp inst="t18441216-name-27" type="given" value="JAMES"/>James Morgan</persName> </p>
<persName id="t18441216-name-28" type="jurorName">
<interp inst="t18441216-name-28" type="gender" value="male"/>
<interp inst="t18441216-name-28" type="surname" value="BUCKLAND"/>
<interp inst="t18441216-name-28" type="given" value="JOHN"/>John Buckland</persName> </p>
<persName id="t18441216-name-29" type="jurorName">
<interp inst="t18441216-name-29" type="gender" value="male"/>
<interp inst="t18441216-name-29" type="surname" value="REED"/>
<interp inst="t18441216-name-29" type="given" value="JOHN"/>John Reed</persName> </p>
<persName id="t18441216-name-30" type="jurorName">
<interp inst="t18441216-name-30" type="gender" value="male"/>
<interp inst="t18441216-name-30" type="surname" value="LAMBERT"/>
<interp inst="t18441216-name-30" type="given" value="JOSEPH"/>Joseph Lambert</persName> </p>
<persName id="t18441216-name-31" type="jurorName">
<interp inst="t18441216-name-31" type="gender" value="male"/>
<interp inst="t18441216-name-31" type="surname" value="WHITE"/>
<interp inst="t18441216-name-31" type="given" value="WILLIAM"/>William White</persName> </p>
<persName id="t18441216-name-32" type="jurorName">
<interp inst="t18441216-name-32" type="gender" value="male"/>
<interp inst="t18441216-name-32" type="surname" value="MOORE"/>
<interp inst="t18441216-name-32" type="given" value="JAMES"/>James Moore</persName> </p>
<persName id="t18441216-name-33" type="jurorName">
<interp inst="t18441216-name-33" type="gender" value="male"/>
<interp inst="t18441216-name-33" type="surname" value="MARTIN"/>
<interp inst="t18441216-name-33" type="given" value="WILLIAM"/>William Martin</persName> </p>
<persName id="t18441216-name-34" type="jurorName">
<interp inst="t18441216-name-34" type="gender" value="male"/>
<interp inst="t18441216-name-34" type="surname" value="LIGGINS"/>
<interp inst="t18441216-name-34" type="given" value="JOHN WHEATLEY"/>John Wheatley Liggins</persName> </p>
<persName id="t18441216-name-35" type="jurorName">
<interp inst="t18441216-name-35" type="gender" value="male"/>
<interp inst="t18441216-name-35" type="surname" value="BULL"/>
<interp inst="t18441216-name-35" type="given" value="HENRY"/>Henry Bull</persName> </p>
<persName id="t18441216-name-36" type="jurorName">
<interp inst="t18441216-name-36" type="gender" value="male"/>
<interp inst="t18441216-name-36" type="surname" value="M'GUIRE"/>
<interp inst="t18441216-name-36" type="given" value="HENRY"/>Henry C. M'Guire</persName> </p>
<persName id="t18441216-name-37" type="jurorName">
<interp inst="t18441216-name-37" type="gender" value="male"/>
<interp inst="t18441216-name-37" type="surname" value="PETTIT"/>
<interp inst="t18441216-name-37" type="given" value="CHARLES"/>Charles Pettit</persName> </p>
<persName id="t18441216-name-38" type="jurorName">
<interp inst="t18441216-name-38" type="gender" value="male"/>
<interp inst="t18441216-name-38" type="surname" value="ROGERS"/>
<interp inst="t18441216-name-38" type="given" value="GEORGE"/>George Rogers</persName> </p>
<hi rend="italic">Fourth Jury</hi>.</p>
<persName id="t18441216-name-39" type="jurorName">
<interp inst="t18441216-name-39" type="gender" value="male"/>
<interp inst="t18441216-name-39" type="surname" value="RUSSELL"/>
<interp inst="t18441216-name-39" type="given" value="GEORGE"/>George Russell</persName> </p>
<persName id="t18441216-name-40" type="jurorName">
<interp inst="t18441216-name-40" type="gender" value="male"/>
<interp inst="t18441216-name-40" type="surname" value="SADDINGTON"/>
<interp inst="t18441216-name-40" type="given" value="WILLIAM"/>William D. Saddington</persName> </p>
<persName id="t18441216-name-41" type="jurorName">
<interp inst="t18441216-name-41" type="gender" value="male"/>
<interp inst="t18441216-name-41" type="surname" value="PARTINGTON"/>
<interp inst="t18441216-name-41" type="given" value="JOSEPH"/>Joseph Partington</persName> </p>
<persName id="t18441216-name-42" type="jurorName">
<interp inst="t18441216-name-42" type="gender" value="male"/>
<interp inst="t18441216-name-42" type="surname" value="PORTER"/>
<interp inst="t18441216-name-42" type="given" value="THOMAS"/>Thomas Porter</persName> </p>
<persName id="t18441216-name-43" type="jurorName">
<interp inst="t18441216-name-43" type="gender" value="male"/>
<interp inst="t18441216-name-43" type="surname" value="RANDOLL"/>
<interp inst="t18441216-name-43" type="given" value="BENJAMIN"/>Benjamin Randoll</persName> </p>
<persName id="t18441216-name-44" type="jurorName">
<interp inst="t18441216-name-44" type="gender" value="male"/>
<interp inst="t18441216-name-44" type="surname" value="MERCY"/>
<interp inst="t18441216-name-44" type="given" value="THOMAS"/>Thomas Mercy</persName> </p>
<persName id="t18441216-name-45" type="jurorName">
<interp inst="t18441216-name-45" type="gender" value="male"/>
<interp inst="t18441216-name-45" type="surname" value="HOWARTH"/>
<interp inst="t18441216-name-45" type="given" value="SAMUEL"/>Samuel Howarth</persName> </p>
<persName id="t18441216-name-46" type="jurorName">
<interp inst="t18441216-name-46" type="gender" value="male"/>
<interp inst="t18441216-name-46" type="surname" value="WILLIAMS"/>
<interp inst="t18441216-name-46" type="given" value="JAMES"/>James Williams</persName> </p>
<persName id="t18441216-name-47" type="jurorName">
<interp inst="t18441216-name-47" type="gender" value="male"/>
<interp inst="t18441216-name-47" type="surname" value="MOORE"/>
<interp inst="t18441216-name-47" type="given" value="WILLIAM"/>William Moore</persName> </p>
<persName id="t18441216-name-48" type="jurorName">
<interp inst="t18441216-name-48" type="gender" value="male"/>
<interp inst="t18441216-name-48" type="surname" value="WESTLAND"/>
<interp inst="t18441216-name-48" type="given" value="WILLIAM"/>William Westland</persName> </p>
<persName id="t18441216-name-49" type="jurorName">
<interp inst="t18441216-name-49" type="gender" value="male"/>
<interp inst="t18441216-name-49" type="surname" value="MILNER"/>
<interp inst="t18441216-name-49" type="given" value="HENRY"/>Henry Milner</persName> </p>
<persName id="t18441216-name-50" type="jurorName">
<interp inst="t18441216-name-50" type="gender" value="male"/>
<interp inst="t18441216-name-50" type="surname" value="HOLMES"/>
<interp inst="t18441216-name-50" type="given" value="EDWARD"/>Edward Holmes</persName> </p>
<hi rend="italic">Fifth Jury</hi>.</p>
<persName id="t18441216-name-51" type="jurorName">
<interp inst="t18441216-name-51" type="gender" value="male"/>
<interp inst="t18441216-name-51" type="surname" value="PERRING"/>
<interp inst="t18441216-name-51" type="given" value="JOHN"/>John Perring</persName> </p>
<persName id="t18441216-name-52" type="jurorName">
<interp inst="t18441216-name-52" type="gender" value="male"/>
<interp inst="t18441216-name-52" type="surname" value="OLIVER"/>
<interp inst="t18441216-name-52" type="given" value="GEORGE"/>George Oliver</persName> </p>
<persName id="t18441216-name-53" type="jurorName">
<interp inst="t18441216-name-53" type="gender" value="male"/>
<interp inst="t18441216-name-53" type="surname" value="AFFLEY"/>
<interp inst="t18441216-name-53" type="given" value="CHARLES HENRY"/>Charles Henry Affley</persName> </p>
<persName id="t18441216-name-54" type="jurorName">
<interp inst="t18441216-name-54" type="gender" value="male"/>
<interp inst="t18441216-name-54" type="surname" value="OSBORN"/>
<interp inst="t18441216-name-54" type="given" value="JOHN"/>John Osborn</persName> </p>
<persName id="t18441216-name-55" type="jurorName">
<interp inst="t18441216-name-55" type="gender" value="male"/>
<interp inst="t18441216-name-55" type="surname" value="IRELAND"/>
<interp inst="t18441216-name-55" type="given" value="WILLIAM"/>William Ireland</persName> </p>
<persName id="t18441216-name-56" type="jurorName">
<interp inst="t18441216-name-56" type="gender" value="male"/>
<interp inst="t18441216-name-56" type="surname" value="QUINLAND"/>
<interp inst="t18441216-name-56" type="given" value="THOMAS"/>Thomas Quinland</persName> </p>
<persName id="t18441216-name-57" type="jurorName">
<interp inst="t18441216-name-57" type="gender" value="male"/>
<interp inst="t18441216-name-57" type="surname" value="MILES"/>
<interp inst="t18441216-name-57" type="given" value="JAMES"/>James Miles</persName> </p>
<persName id="t18441216-name-58" type="jurorName">
<interp inst="t18441216-name-58" type="gender" value="male"/>
<interp inst="t18441216-name-58" type="surname" value="PAYNE"/>
<interp inst="t18441216-name-58" type="given" value="EDWARD"/>Edward Payne</persName> </p>
<persName id="t18441216-name-59" type="jurorName">
<interp inst="t18441216-name-59" type="gender" value="male"/>
<interp inst="t18441216-name-59" type="surname" value="M'LELLAN"/>
<interp inst="t18441216-name-59" type="given" value="ROBERT"/>Robert M'Lellan</persName> </p>
<persName id="t18441216-name-60" type="jurorName">
<interp inst="t18441216-name-60" type="gender" value="male"/>
<interp inst="t18441216-name-60" type="surname" value="EVES"/>
<interp inst="t18441216-name-60" type="given" value="RICHARD"/>Richard Eves</persName> </p>
<persName id="t18441216-name-61" type="jurorName">
<interp inst="t18441216-name-61" type="gender" value="male"/>
<interp inst="t18441216-name-61" type="surname" value="RATLIFFE"/>
<interp inst="t18441216-name-61" type="given" value="EDWARD"/>Edward Ratliffe</persName> </p>
<persName id="t18441216-name-62" type="jurorName">
<interp inst="t18441216-name-62" type="gender" value="male"/>
<interp inst="t18441216-name-62" type="surname" value="MORSON"/>
<interp inst="t18441216-name-62" type="given" value="THOMAS"/>Thomas Morson</persName> </p>
<hi rend="italic">Sixth Jury</hi>.</p>
<persName id="t18441216-name-63" type="jurorName">
<interp inst="t18441216-name-63" type="gender" value="male"/>
<interp inst="t18441216-name-63" type="surname" value="PARKER"/>
<interp inst="t18441216-name-63" type="given" value="JOHN"/>John Parker</persName> </p>
<persName id="t18441216-name-64" type="jurorName">
<interp inst="t18441216-name-64" type="gender" value="male"/>
<interp inst="t18441216-name-64" type="surname" value="MAPLESON"/>
<interp inst="t18441216-name-64" type="given" value="JAMES HENRY"/>James Henry Mapleson</persName> </p>
<persName id="t18441216-name-65" type="jurorName">
<interp inst="t18441216-name-65" type="gender" value="male"/>
<interp inst="t18441216-name-65" type="surname" value="LANT"/>
<interp inst="t18441216-name-65" type="given" value="DAVID"/>David Lant</persName> </p>
<persName id="t18441216-name-66" type="jurorName">
<interp inst="t18441216-name-66" type="gender" value="male"/>
<interp inst="t18441216-name-66" type="surname" value="BADAN"/>
<interp inst="t18441216-name-66" type="given" value="JOHN"/>John Badan</persName> </p>
<persName id="t18441216-name-67" type="jurorName">
<interp inst="t18441216-name-67" type="gender" value="male"/>
<interp inst="t18441216-name-67" type="surname" value="GREENHEAD"/>
<interp inst="t18441216-name-67" type="given" value="THOMAS"/>Thomas Greenhead</persName> </p>
<persName id="t18441216-name-68" type="jurorName">
<interp inst="t18441216-name-68" type="gender" value="male"/>
<interp inst="t18441216-name-68" type="surname" value="HEYDON"/>
<interp inst="t18441216-name-68" type="given" value="WILLIAM"/>William Heydon</persName> </p>
<persName id="t18441216-name-69" type="jurorName">
<interp inst="t18441216-name-69" type="gender" value="male"/>
<interp inst="t18441216-name-69" type="surname" value="WILLIS"/>
<interp inst="t18441216-name-69" type="given" value="THOMAS"/>Thomas Willis</persName> </p>
<persName id="t18441216-name-70" type="jurorName">
<interp inst="t18441216-name-70" type="gender" value="male"/>
<interp inst="t18441216-name-70" type="surname" value="MADAN"/>
<interp inst="t18441216-name-70" type="given" value="JOHN"/>John Madan</persName> </p>
<persName id="t18441216-name-71" type="jurorName">
<interp inst="t18441216-name-71" type="gender" value="male"/>
<interp inst="t18441216-name-71" type="surname" value="RENSHAW"/>
<interp inst="t18441216-name-71" type="given" value="HENRY"/>Henry Renshaw</persName> </p>
<persName id="t18441216-name-72" type="jurorName">
<interp inst="t18441216-name-72" type="gender" value="male"/>
<interp inst="t18441216-name-72" type="surname" value="HOLCROFT"/>
<interp inst="t18441216-name-72" type="given" value="JAMES"/>James Holcroft</persName> </p>
<persName id="t18441216-name-73" type="jurorName">
<interp inst="t18441216-name-73" type="gender" value="male"/>
<interp inst="t18441216-name-73" type="surname" value="KIBBLE"/>
<interp inst="t18441216-name-73" type="given" value="JAMES"/>James Kibble</persName> </p>
<persName id="t18441216-name-74" type="jurorName">
<interp inst="t18441216-name-74" type="gender" value="male"/>
<interp inst="t18441216-name-74" type="surname" value="NUTT"/>
<interp inst="t18441216-name-74" type="given" value="WILLIAM"/>William Nutt</persName> </p>
<xptr type="pageFacsimile" doc="184412160005"/>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">GIBBS, 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> 16th, 1844.</p>
<div1 type="trialAccount" id="t18441216-198">
<interp inst="t18441216-198" type="uri" value="sessionsPapers/18441216"/>
<interp inst="t18441216-198" type="date" value="18441216"/>
<join result="criminalCharge" id="t18441216-198-charge-1" targOrder="Y" targets="def1-198-18441216 t18441216-198-offence-1 t18441216-198-verdict-1"/>
<persName id="def1-198-18441216" type="defendantName">
<interp inst="def1-198-18441216" type="gender" value="male"/>
<interp inst="def1-198-18441216" type="surname" value="CALVERT"/>
<interp inst="def1-198-18441216" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE CALVERT</hi> </persName> was indicted
<rs id="t18441216-198-offence-1" type="offenceDescription">
<interp inst="t18441216-198-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18441216-198-offence-1" type="offenceSubcategory" value="robbery"/> for feloniously assaulting
<persName id="t18441216-name-76" type="victimName">
<interp inst="t18441216-name-76" type="gender" value="male"/>
<interp inst="t18441216-name-76" type="surname" value="BUCKNELL"/>
<interp inst="t18441216-name-76" type="given" value="ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-198-offence-1 t18441216-name-76"/>Robert Bucknell</persName>, putting him in fear, and taking from his person, and against his will, 2 pairs of boot-fronts, value 6
<hi rend="italic">s</hi>.; 7 pieces of leather, 6
<hi rend="italic">s</hi>.; 2 yards of boot-webbing, 3
<hi rend="italic">d</hi>.; 2 handkerchiefs, 1
<hi rend="italic">s</hi>.; 2 shillings, and sixpence, his property; and immediately before, at the time of, and after the said robbery, beating, striking, and using other personal violence to him.</rs> </p>
<hi rend="smallCaps">
<persName id="t18441216-name-77" type="witnessName">
<interp inst="t18441216-name-77" type="gender" value="male"/>
<interp inst="t18441216-name-77" type="surname" value="PORTER"/>
<interp inst="t18441216-name-77" type="given" value="JAMES"/>JAMES PORTER</persName> </hi> (
<hi rend="italic">police-constable D</hi> 55.) I live in St. Marylebone. On Thursday morning, the 21st of Nov., at one o'clock, I saw the prisoner on my beat, leaning on a post, in Lisson-grove, at the corner of Devonshire-street—he was alone, and had not any parcel with him then—I saw him again about ten minutes to two, in company with a young man whom I have known five years—he is a
<hi rend="italic">cab</hi>-driver, and goes by the name of Cackham—the prisoner had this bundle of leather under his coat—I said, "What have you got there? "—he said, "I don't know"—I felt the top of it, and said, "It is top-boots, is it not? "—he said, "I don't know; it is leather"—I said, "Where did you get it from?"—he said, "Bought it "—I said, "What are you going to do with it?"—he said, "My brother
<lb/>in-law will have it as soon as I get home"—I asked where he bought it—he said, "That is my business"—I said, "My business is to take you to the station-house"—he said, Oh, he would go to the station-house; and when we got there he said his fellow-servant gave it to him to mind till the morning, that his fellow-servant had got a long way to go, and he was to meet him in the morning in Norfolk-street—he was taken before a Magistrate, and remanded for a week, and three or four days after I found the owner.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HORRY</hi>.
<hi rend="italic">Q.</hi> Does Mr. Fisher, a
<hi rend="italic">cab</hi>-proprietor, live near Lisson-grove?
<hi rend="italic">A.</hi> Yes, on the opposite side—the prisoner was in his service, I believe—Cackham's real name is Boatwright—I went to his employer, and Cackham told the Magistrate he was so drunk he never recollected seeing him, but the prisoner said the fellow-servant who gave it him went by the name of Cackham.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-78" type="witnessName">
<interp inst="t18441216-name-78" type="gender" value="male"/>
<interp inst="t18441216-name-78" type="surname" value="BUCKNELL"/>
<interp inst="t18441216-name-78" type="given" value="ROBERT"/>ROBERT BUCKNELL</persName> </hi>. I live at Hythe, two miles front Edgware. I purchased some leather from Mr. Pool, near St. Giles's church, on Wednesday, the 20th of Nov.—the leather produced is what I bought—I</p>
<xptr type="pageFacsimile" doc="184412160006"/>
<p>paid 14
<hi rend="italic">s</hi>. for it—I am a bootmaker, and bought it to make up—I tied it up in a cotton handkerchief, not the one it is in now—I left Pool's about nine o'clock, and went up Oxford-street a good way—I turned up dif
<lb/>ferent streets, to get into Edgware-road—I do not know the names of the streets—I had not got into Edgware-road—I was knocked down, and missed the parcel when I got up—I received a blow behind my head, and fell—whether I was knocked down I cannot say—I was not drunk, or I could not have walked home—I had had a little beer—I was very unwell—I cannot say I was as sober as I am now—I had had three glasses of fourpenny ale—I was carrying the parcel when I fell, and believe it was under my arm—it was in my hands at the time I fell—I also lost about 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. from my pocket, and an old handkerchief from my coat-pocket, with a small piece of beef wrapped in it—when I recovered, I got up, and a policeman came to me—I thought I saw somebody go into a house with my parcel—I went and kicked at the door—a gentleman came out, and said it was not there—I was not quite senseless when I was knocked down, but not much otherwise—I do not know how long I laid on the ground, but it was not long.</p>
<hi rend="italic">Cross-examined. Q.</hi> Was not you put into a
<hi rend="italic">cab</hi> with the leather under your arm, because you was rather drunk?
<hi rend="italic">A.</hi> I cannot recollect it—I do not recollect running against the wall—I will not swear I was not pat into a
<hi rend="italic">cab</hi>—I recollect I bid a
<hi rend="italic">cab</hi> man money to take me home—he would not take me.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Were you in such a state, or are you so ignorant of London, as not to know what street you were in?
<hi rend="italic">A.</hi> It was in Paddington—I cannot say what street it was in—I got home about two o'clock—the policeman showed me which way to go—I did not see any person in par­ ticular—I saw nobody to speak to.</p>
<hi rend="italic">Evidence for the Prisoner.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18441216-name-79" type="witnessName">
<interp inst="t18441216-name-79" type="gender" value="male"/>
<interp inst="t18441216-name-79" type="surname" value="SIMMONS"/>
<interp inst="t18441216-name-79" type="given" value="BENJAMIN"/>BENJAMIN SIMMONS</persName> </hi>. I am a
<hi rend="italic">cab</hi>-driver out of employ. Up to the time this happened I was in the service of Mr. Edwards, a
<hi rend="italic">cab</hi>-proprietor—I live at No. 42, Bell-street, Edgware-road—on the night the prisoner was taken into custody, I was at my
<hi rend="italic">cab</hi>-stand in North-street, St. John's-wood—I saw the prosecutor a few minutes after twelve o'clock—he had a parcel—I assisted him into a
<hi rend="italic">cab</hi>, driven by a man who goes by the name of Cackham—I was standing in North-street, and saw him fall down with his head against the wall, and he laid senseless on the ground—I was in the road with my
<hi rend="italic">cab</hi>—he came round, and asked for his bundle when he came to himself, a young man, named Cackham, standing by picked up his bundle and gave it to him—it laid by the side of him as I picked him up—the
<hi rend="italic">cab</hi> was on the rank—Cackham offered to take him into his
<hi rend="italic">cab</hi>, if he lived within half a mile of the place—I assisted him into Cackham's
<hi rend="italic">cab</hi>, and his parcel was on his left arm—I shut the door, but before Cackham drove away the prosecutor told us if we could get any drink be would pay for it—we went to a watering house just by, but did not get anything—the prosecutor and Boatwright went away with the
<hi rend="italic">cab</hi>—the prisoner was on the
<hi rend="italic">cab</hi>, with the prosecutor and his parcel inside—I left them at North-street, and did not see them again—I went home with a
<hi rend="italic">cab</hi>—the prisoner's
<hi rend="italic">cab</hi> was not on the rank at the time—it was put out—he was going home at the time—he worked for the same employer as me.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-80" type="witnessName">
<interp inst="t18441216-name-80" type="gender" value="male"/>
<interp inst="t18441216-name-80" type="surname" value="BOATWRIGHT"/>
<interp inst="t18441216-name-80" type="given" value="JOHN"/>JOHN BOATWRIGHT</persName> </hi>. I am commonly called Cackham. I was before</p>
<xptr type="pageFacsimile" doc="184412160007"/>
<p>the Magistrate on this charge, and gave evidence—I am a
<hi rend="italic">cab</hi>-driver in Mr. Fisher's service, and put up at the same yard as the prisoner—I re
<lb/>collect the night he was taken into custody—I was very drunk myself—I do not recollect the prosecutor, or his getting into my
<hi rend="italic">cab</hi>, as I was so drunk—I was in a watering-house with Calvert, and somebody else—I do not remember driving away.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-81" type="witnessName">
<interp inst="t18441216-name-81" type="gender" value="male"/>
<interp inst="t18441216-name-81" type="surname" value="BUCKNELL"/>
<interp inst="t18441216-name-81" type="given" value="ROBERT"/>ROBERT BUCKNELL</persName> </hi>
<hi rend="italic">re-examined.</hi> I recollect saying I would give any
<lb/>body 5
<hi rend="italic">s</hi>. to drive me home, but when I lost my goods I do not know—when I recovered from my fall, I did not see anybody but the policeman, and could not have been near a
<hi rend="italic">cab</hi>-stand—I had not lost my parcel when I asked a
<hi rend="italic">cab</hi>-man to take me home—I was then near a
<hi rend="italic">cab</hi>-stand—there were three or four
<hi rend="italic">cabs</hi> on the stand—I was knocked down and robbed after that, I should think half an hour after—I had not gone far—it was a little way from the spot, and but a little time—it might be 100 yards from where I offered 5
<hi rend="italic">s</hi>. for a
<hi rend="italic">cab</hi>—I do not remember being lifted into a
<hi rend="italic">cab</hi>, or getting in—I remember something about a
<hi rend="italic">cab</hi>, but went a very little way before I was turned out, and lost my goods—I did get into a
<hi rend="italic">cab</hi>, and had my parcel then, for anything I know—I lost my parcel the last thing, and then I only saw a policeman—I should have taken my goods home if they would have let me.</p>
<p>(The prisoner received a good character.)</p>
<hi rend="largeCaps">
<rs id="t18441216-198-verdict-1" type="verdictDescription">
<interp inst="t18441216-198-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18441216-198-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18441216-199">
<interp inst="t18441216-199" type="uri" value="sessionsPapers/18441216"/>
<interp inst="t18441216-199" type="date" value="18441216"/>
<join result="criminalCharge" id="t18441216-199-charge-1" targOrder="Y" targets="def1-199-18441216 t18441216-199-offence-1 t18441216-199-verdict-1"/>
<persName id="def1-199-18441216" type="defendantName">
<interp inst="def1-199-18441216" type="gender" value="male"/>
<interp inst="def1-199-18441216" type="age" value="58"/>
<interp inst="def1-199-18441216" type="surname" value="DRAKE"/>
<interp inst="def1-199-18441216" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD DRAKE</hi> </persName> was indicted
<rs id="t18441216-199-offence-1" type="offenceDescription">
<interp inst="t18441216-199-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18441216-199-offence-1" type="offenceSubcategory" value="animalTheft"/> for stealing, on the
<rs id="t18441216-cd-1" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18441216-199-offence-1 t18441216-cd-1"/>5th of May</rs>, a gelding, price 15
<hi rend="italic">l</hi>., the goods of
<persName id="t18441216-name-83" type="victimName">
<interp inst="t18441216-name-83" type="gender" value="male"/>
<interp inst="t18441216-name-83" type="surname" value="WHITE"/>
<interp inst="t18441216-name-83" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-199-offence-1 t18441216-name-83"/>William White</persName>.</rs> </p>
<hi rend="smallCaps">MR. HOWARTH</hi>
<hi rend="italic">conducted the Prosecution</hi>,</p>
<hi rend="smallCaps">
<persName id="t18441216-name-84" type="witnessName">
<interp inst="t18441216-name-84" type="gender" value="male"/>
<interp inst="t18441216-name-84" type="surname" value="WHITE"/>
<interp inst="t18441216-name-84" type="given" value="WILLIAM"/>WILLIAM WHITE</persName> </hi>. I live in the parish of Kempsey, in Worcestershire—I deal in fruit and garden-stuff. On the 4th of May, between eight and nine o'clock at night, I saw my horse safe on the pasturage, near my house—I missed it between nine and ten next morning—in consequence of in—formation, I came to town on the 3rd of Nov. last, with Mr. Betteridge, a neighbour, and next day accompanied the policeman to the Paddington station, and found the horse in possession of a man named Larkin, at a stable at Bayswater—it was the horse I lost, and was a gelding, an iron
<lb/>grey—I have known the prisoner some time, but have not seen him for fifteen years—he was bred and born at Kempsey.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> How long have you carried on business at Kempsey?
<hi rend="italic">A.</hi> Nine or ten years—I have also been a labourer—I never was away from Kempsey—I mentioned my loss to the police, at the office at Worcester—the gelding was about five years old—I had bought it when a year and a half old, from Williams, a Welsh—man, at Worcester fair.</p>
<hi rend="italic">Q.</hi> Did you offer to take a sum of money from Larkin, and go back to Worcester, and say nothing more?
<hi rend="italic">A.</hi> No, that is quite wrong—I said that when this trial was over I did not mind about taking it back again—I did not mind selling it—I expect to get it back after the trial, but I do not mean to sell it—I asked him 10
<hi rend="italic">l</hi>. for it—it it worth 12
<hi rend="italic">l</hi>., and is about 14 hands high—I never measured it.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-85" type="witnessName">
<interp inst="t18441216-name-85" type="gender" value="male"/>
<interp inst="t18441216-name-85" type="surname" value="LARKIN"/>
<interp inst="t18441216-name-85" type="given" value="DAVID"/>DAVID LARKIN</persName> </hi>. I am a green-grocer, and live at Bayswater. I know the prisoner—I bought the horse claimed by the prosecutor, of the pri
<lb/>soner—I have not known him a great while—I applied to him for a horse about two months before I bought it—he said he would get me one, and</p>
<xptr type="pageFacsimile" doc="184412160008"/>
<p>brought two to my house on Friday, the 3rd of May—I know it was the 3rd, because I had four shoes taken off the horse on the 4th, which was Saturday, as I am informed—am positive it was the 3rd of May—I gave 15
<hi rend="italic">l</hi>. for it.</p>
<hi rend="italic">Cross-examined. Q.</hi> Had you known him to be dealing in horses?
<hi rend="italic">A.</hi> Yes—this horse is improved very much since—it is much bigger—I should say it is 13 1/2 or 14 hands high, but I am not much of a judge—it is very much increased in height since I had it.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> When did you first see the horse?
<hi rend="italic">A.</hi> The very day I bought it—it was brought to me in the morning, in very poor condition, and had come a long journey.</p>
<hi rend="smallCaps">MR. HOWARTH</hi>.
<hi rend="italic">Q.</hi> Is the horse higher as well as bigger, than it was?
<hi rend="italic">A.</hi> Yes; and any one that has seen the horse will feel a difficulty in swearing to him; it has changed its colour; I should call it almost a dap
<lb/>ple-grey, and he is fat instead of thin—he is outside the Court—he has not been clipped or touched at all.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Have you been bargaining for the horse with Mr. White?
<hi rend="italic">A.</hi> Last session we were about making a bargain—he offered me the horse for 7
<hi rend="italic">l</hi>., but I did not buy it—I had put in a brief to claim the horse.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-86" type="witnessName">
<interp inst="t18441216-name-86" type="gender" value="indeterminate"/>
<interp inst="t18441216-name-86" type="surname" value="WALKER"/>
<interp inst="t18441216-name-86" type="given" value="JOSEBH"/>JOSEBH WALKER</persName> </hi> (
<hi rend="italic">police-sergeant D</hi> 5.) The prosecutor applied to me on a Sunday morning, last Nov., about a horse, and I accompanied him round Bayswater—I knew where there were several horses that the prisoner had sold—I went with him to Larkin's house, and found two horses there, one of which the prosecutor claimed directly be saw it.</p>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">WILLIAM WHITE</hi>.
<hi rend="italic">Q.</hi> How do know this horse, to be able positively to speak to it?
<hi rend="italic">A.</hi> By the marks on it; it has got three white legs and one black one, the fore leg—it has a little lump on the head, over the eye, which was done when I had it; it also had a large scissors-mark on the hip, and a brand mark on the hoofs, but they are nearly or quite worn out—the hair was long, and Larkin said he had pulled the hair out of the tail, but had not docked it—a horse always grows from five to six years of age—the eyes are very middling to what they were then—the colour is not changed, it stands very good—I can take my oath that it is my property—I have walked many hundred miles after it—I had seen all these marks before I lost it.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you tell the policeman of any of these marks before you saw the horse?
<hi rend="italic">A.</hi> Yes—I had offered 5
<hi rend="italic">l</hi>. reward for it, and had described the animal in the advertisement in the
<hi rend="italic">Hue and Cry</hi>—this is the advertisement—(
<hi rend="italic">read</hi>)—"Stolen or strayed, on the 4th instant, from Kempsey-common, about five miles from Worcester, an iron-grey half
<lb/>bred horse, five years old, about fourteen hands high; has a white mane and tail, three white legs, the off fore-leg black; has a scissor-mark 'W,' on the off hip, and a brand-mark, 'W,' on both hoofs on the off side. A reward of 5
<hi rend="italic">l</hi>., will be paid on the apprehension and conviction of the offen
<lb/>der or offenders. Information to be given as above." The date of the paper was the 24th of May.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-87" type="witnessName">
<interp inst="t18441216-name-87" type="gender" value="male"/>
<interp inst="t18441216-name-87" type="surname" value="LARKIN"/>
<interp inst="t18441216-name-87" type="given" value="DAVID"/>DAVID LARKIN</persName> </hi>
<hi rend="italic">re-examined.</hi> I have a witness outside who can swear to the horse—it is not what I should call an iron-grey; it is a grey decidedly, but there are so many differences in grey—it is not half-bred, but what I should call the regular cart-horse breed—I cannot tell its age—I should say it was about fourteen hands high, but I am not a judge, and cannot speak to that fact—it has a grey mane and three white legs—the off fore
<xptr type="pageFacsimile" doc="184412160009"/>
<p>is not black, but a very dark grey—it has no scissors-mark, and never had—I never saw such a mark anywhere—it was examined very particu
<lb/>larly by twenty people in the neighbourhood—I found no brand-mark "W"—the farrier is here that took his shoes off on the Saturday, the very next day—I do not know that the hoofs were touched.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-88" type="witnessName">
<interp inst="t18441216-name-88" type="gender" value="male"/>
<interp inst="t18441216-name-88" type="surname" value="WHITE"/>
<interp inst="t18441216-name-88" type="given" value="WILLIAM"/>WILLIAM WHITE</persName> </hi>
<hi rend="italic">re-examined.</hi> The mark on the off hoofs is the mark of a burn, near the front of the hoofs—I have not examined the hoofs since—I found all the other marks I have mentioned, except the scissors
<lb/>mark, and I could see that when I was here before—I have not noticed it now, for I have not had it in my possession, only seen it at the door here—Larkin has had it ever since—it is a mark that would wear out in time—it was on it when I lost it, and had been on about a month—I had put it on myself—I always marked it with "W" for White, because I lost one before about nine years ago.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">DAVID LARKIN</hi>.
<hi rend="italic">Q.</hi> You attended here at a former session?
<hi rend="italic">A.</hi> Yes, expecting to be called as a witness—I have seen the prisoner once in prison—I went to him for the purpose of mentioning the circum
<lb/>stance—I did not know the date then, no more did he, at least, he said the 3rd—I have witnesses here to prove the date it was bought was the 3rd—they are William Payne and Emily Hooper.</p>
<hi rend="italic">Q.</hi> How came you to bring witnesses here?
<hi rend="italic">A.</hi> I stood naked, and was obliged to seek for what evidence I could—I went to Mr. Beok last Monday, and asked him if he had any recollection of my buying a horse there in May—he said he booked everything—I stated to the policeman that I did not know the time at which I bought the horse; I said it was very early in May, but what day I could not say.</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>
<hi rend="italic">called</hi> </p>
<hi rend="smallCaps">
<persName id="t18441216-name-89" type="witnessName">
<interp inst="t18441216-name-89" type="gender" value="male"/>
<interp inst="t18441216-name-89" type="surname" value="PAYNE"/>
<interp inst="t18441216-name-89" type="given" value="WILLIAM"/>WILLIAM PAYNE</persName> </hi>. I am a farrier at Mr. Beck's, at No. 19, North
<lb/>wharf-road, Paddington. I remember Larkin bringing a horse to our shop to have the shoes taken off—it was a grey horse, as far as I can describe him—I cannot exactly say the height—I have seen the horse since—Mr. Larkin brought him last week, to know if we could recollect the horse coming to have his shoes taken off—I cannot recollect when it was brought, but my master has looked through the books—he is not here—my master has got a clerk that keeps the books—they are not here, nor is the clerk.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Who brought you here?
<hi rend="italic">A.</hi> I came here with Mr. Larkin—it was in May that he brought the horse—I could not see that it had any initial on it—the horse was new shod five days after, as near as we can recollect—if there had been any brand-mark on the hoofs we should have seen it when we clenched the horse's feet up—I did not do that my—self, I only took the shoes off when the horse was brought—I did not notice any brand-mark—we have had plenty of other horses to shoe, but Larkin did not bring any other—we do not write down the marks of all the horses that come to us.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-90" type="witnessName">
<interp inst="t18441216-name-90" type="gender" value="female"/>
<interp inst="t18441216-name-90" type="surname" value="HOOPER"/>
<interp inst="t18441216-name-90" type="given" value="EMILY"/>EMILY HOOPER</persName> </hi>. My husband is an engineer. I know Mr. Larkin—on Friday, the 3rd of May, after tea, I went and looked at a new horse he had bought—I am certain it was on Friday, the 3rd of May.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> When was your attention called to this fact?
<hi rend="italic">A.</hi> To-day—I recollect the day, because I had been to chapel the Sunday before, which was the 28th of April, after my confinement—my husband came and asked me to look at Mr. Larkin's new horse, and I went and looked at it—it was</p>
<xptr type="pageFacsimile" doc="184412160010"/>
<p>a grey horse—I live at No. 36, Pickering-place—Mr. Larkin is my brother-in-law, and lives near us—I cannot be mistaken in the day—it was on "Parliament Friday," and I had been to chapel on the Sunday before, and it was the first Sunday I had been out after my confinement—I recollect that I saw the grey horse the first week of my going out—I did not go out the next Sunday—I was not well—I did the Sunday after that, with my sister, who had been confined, but not the following Sunday—Larkin is a green
<lb/>grocer, and my husband worked for him when he was out of a situation, and he staid with him till he had the situation which was promised him—I was confined on the 8th of April, Easter Monday—I saw the horse in Mr. Larkins's stable—he had another horse there—they generally take me to see the horses—I see all of them—I saw the last when he bought it—that was a grey horse—I do not know when that was, or how long before my confinement.</p>
<hi rend="smallCaps">MR. HOWARTH</hi>.
<hi rend="italic">Q.</hi> Then Larkin had a grey horse before this?
<hi rend="italic">A.</hi> Yes, I believe it was a grey horse—I have since seen the horse that I saw on the 3rd of May—my husband is at work at a railway at Bradford, in Yorkshire—I was not well enough to go to church on the fourth Sunday after my confinement—I have not been well since—I was not quite well on the Friday when I went to see this horse—it is only next door but one to where I live.</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> You have not been examined by any attorney?
<hi rend="italic">A.</hi> No, nor made any statement—I came here with Mr. Larkin—I did not know I should be examined.</p>
<hi rend="italic">The Jury retired to look at the horse, and stated that it answered the description given by prosecutor</hi>,)</p>
<hi rend="italic">See First Session, p, 18, and Magnay Mayor, Twelfth Session, p</hi>, 845.)</p>
<hi rend="smallCaps">
<rs id="t18441216-199-verdict-1" type="verdictDescription">
<interp inst="t18441216-199-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18441216-199-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs>.*</hi> Aged 58.—
<hi rend="italic">
<rs id="t18441216-199-punishment-1" type="punishmentDescription">
<interp inst="t18441216-199-punishment-1" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-199-18441216 t18441216-199-punishment-1"/>Transported for Ten Years</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18441216-200">
<interp inst="t18441216-200" type="uri" value="sessionsPapers/18441216"/>
<interp inst="t18441216-200" type="date" value="18441216"/>
<join result="criminalCharge" id="t18441216-200-charge-1" targOrder="Y" targets="def1-200-18441216 t18441216-200-offence-1 t18441216-200-verdict-1"/>
<persName id="def1-200-18441216" type="defendantName">
<interp inst="def1-200-18441216" type="gender" value="male"/>
<interp inst="def1-200-18441216" type="age" value="30"/>
<interp inst="def1-200-18441216" type="surname" value="SMITH"/>
<interp inst="def1-200-18441216" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SMITH</hi> </persName> was indicted
<rs id="t18441216-200-offence-1" type="offenceDescription">
<interp inst="t18441216-200-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18441216-200-offence-1" type="offenceSubcategory" value="burglary"/> for burglariously breaking and enter
<lb/>ing the dwelling-bouse of
<persName id="t18441216-name-92" type="victimName">
<interp inst="t18441216-name-92" type="gender" value="male"/>
<interp inst="t18441216-name-92" type="surname" value="LEACH"/>
<interp inst="t18441216-name-92" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-200-offence-1 t18441216-name-92"/>Richard Leach</persName>, on the night of the
<rs id="t18441216-cd-2" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18441216-200-offence-1 t18441216-cd-2"/>3rd of Dec</rs>., at
<placeName id="t18441216-geo-1">
<join result="offencePlace" targOrder="Y" targets="t18441216-200-offence-1 t18441216-geo-1"/>St. Dunstan-in-the-East</placeName>, with intent to steal, and stealing therein, 4 watches, value 40
<hi rend="italic">l</hi>., his property; to which he pleaded</rs> </p>
<hi rend="smallCaps">
<rs id="t18441216-200-verdict-1" type="verdictDescription">
<interp inst="t18441216-200-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18441216-200-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>. Aged 30.—
<hi rend="italic">
<rs id="t18441216-200-punishment-2" type="punishmentDescription">
<interp inst="t18441216-200-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18441216-200-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-200-18441216 t18441216-200-punishment-2"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, December</hi> 17th 1844.</p>
<hi rend="italic">Second Jury, before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18441216-201">
<interp inst="t18441216-201" type="uri" value="sessionsPapers/18441216"/>
<interp inst="t18441216-201" type="date" value="18441216"/>
<join result="criminalCharge" id="t18441216-201-charge-1" targOrder="Y" targets="def1-201-18441216 t18441216-201-offence-1 t18441216-201-verdict-1"/>
<persName id="def1-201-18441216" type="defendantName">
<interp inst="def1-201-18441216" type="gender" value="male"/>
<interp inst="def1-201-18441216" type="surname" value="BURN"/>
<interp inst="def1-201-18441216" type="given" value="HEW"/>
<hi rend="largeCaps">HEW BURN</hi> </persName> was indicted
<rs id="t18441216-201-offence-1" type="offenceDescription">
<interp inst="t18441216-201-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18441216-201-offence-1" type="offenceSubcategory" value="other"/> for unlawfully leaving one
<persName id="t18441216-name-94" type="victimName">
<interp inst="t18441216-name-94" type="gender" value="male"/>
<interp inst="t18441216-name-94" type="surname" value="ROWE"/>
<interp inst="t18441216-name-94" type="given" value="GEORGE ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-201-offence-1 t18441216-name-94"/>George Robert Rowe</persName> in New Zealand, before the completion of the voyage for which he was engaged, and that he was apprehended at
<placeName id="t18441216-geo-2">
<join result="offencePlace" targOrder="Y" targets="t18441216-201-offence-1 t18441216-geo-2"/>Stepney in Middlesex</placeName>.</rs> </p>
<hi rend="smallCaps">MESSRS. RYLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">FRY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18441216-name-95" type="witnessName">
<interp inst="t18441216-name-95" type="gender" value="male"/>
<interp inst="t18441216-name-95" type="surname" value="ROWE"/>
<interp inst="t18441216-name-95" type="given" value="RICHARD"/>RICHARD ROWE</persName> </hi>. I am an engraver, and live at Hackney. My son his named George Robert Rowe—he is now nineteen years of age—this was his second voyage—he went out first two or three years ago—he always had a strong desire to go to sea—he went to Hobart Town the first voyage—he returned, and wishing to go to sea again, I applied to a ship's husband, and he went out in the ship
<hi rend="italic">Himalaya</hi>, to New Zealand—I saw the defendant as captain of the vessel—I saw my son on board—the vessel sailed on the 25th of Aug., 1843—he entered on board on the 23rd of Aug.—I received a communication from him at the beginning of this year, and applied to my</p>
<xptr type="pageFacsimile" doc="184412160011"/>
<hi rend="italic">solicitor</hi>, Mr. Bisgood—we proceeded to the ship on its arrival, about the 18th of Nov.—it arrived without my son—I went on board on the 20th, and saw Captain Burn—my solicitor inquired of him respecting my son—he stated that he had left him behind at Port Nelson, New Zealand, because he was a drunkard, a thief, and an obstinate fellow—I asked about his wages—he said they were forfeited—he did not say why—he said his clothes were forfeited also—Mr. Bisgood asked to look at the ship's articles, and the log—the captain refused to produce either.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> Under whom did he sail be
<hi rend="italic">A.</hi> Under Captain Cameron—the defendant did not say my son had been brought down to the beach in custody of a constable, on pur
<lb/>pose, if possible, to be put on board, but that he said he would be d—d if ever he went on board the b—y ship again; and that the constable said he had no authority over him further—I heard nothing of the sort—I heard by a letter, from my son, that he had been in prison before he went to Port Nelson.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-96" type="witnessName">
<interp inst="t18441216-name-96" type="gender" value="male"/>
<interp inst="t18441216-name-96" type="surname" value="BEATTIE"/>
<interp inst="t18441216-name-96" type="given" value="JAMES"/>JAMES BEATTIE</persName> </hi>. I was cabin-servant to Captain Burn, on board the
<hi rend="italic">Himalaya</hi>—George Robert Rowe sailed for New Zealand—I remember being at Port Nelson—I did not see Rowe being taken on shore—I missed him from the ship—he was absent, I think, for nine days before the ship sailed—I did not see him on the beach two or three days before we sailed—he never came back again—we came home without him—I do not know whether any of his clothes or bedding remained on board.</p>
<hi rend="italic">Cross-examined. Q.</hi> The vessel sailed from London on the 25th of Aug., did not she?
<hi rend="italic">A.</hi> I did not join her till she was at Gravesend—she had passengers—I do not know whether they were emigrants—we first touched at St. Jago, at Cape de Verde—I do not know whether Roe was shipped as an ordinary seaman—he had the charge of the ship's stores—I do not remember a complaint of the loss of vinegar when at Port Nel
<lb/>son—there was a complaint of a loss of porter—I believe Rowe was charged before the Magistrate that the cargo of porter had been slung up to be discharged at Port Nelson, and porter taken—I did not see the cask
<lb/>head broken in—I did not hear him say he only bad four or five glasses of the porter, but was not the man who took it out—we took in a cargo for South America—some specie, I believe, and rum.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-97" type="witnessName">
<interp inst="t18441216-name-97" type="gender" value="male"/>
<interp inst="t18441216-name-97" type="surname" value="LOCK"/>
<interp inst="t18441216-name-97" type="given" value="ALEXANDER"/>ALEXANDER LOCK</persName> </hi>. I was first mate of the
<hi rend="italic">Himalaya</hi>—George Rowe was an ordinary seaman on board—I remember arriving at Port Nelson—there is a police Magistrate there, but no governor, that I am aware of—we left Port Nelson on the 31st of Jan., 1844—Rowe was not on board at that time—I saw him before the Magistrate on the 22nd of Jan., charged with refusing to do duty, and being drunk on board the ship—he was sent to prison—I never saw him after that.</p>
<hi rend="italic">Cross-examined. Q.</hi> During the outward voyage, how did the young man conduct himself?
<hi rend="italic">A.</hi> Very disorderly indeed—I could not keep him to his duty as every body else on board the ship was—the first complaint against him was a deficiency in the stores which were in his charge—the captain had advanced him to have charge of the stores, which made him an officer—stores were found missing—we arrived at New Plymouth on the 24th of Dec., 1843, before we came to Port Nelson—I went on shore with the captain, and Rowe, and another sailor, named Triggle; and when the captain returned, neither Rowe nor Triggle were there—the captain complained to a police Magistrate—the natives and a constable were sent</p>
<xptr type="pageFacsimile" doc="184412160012"/>
<p>after Rowe—he was found in the town five days after he had left—they were looking for him four days—there was a warrant issued for him—I saw him the same day in a public-house, and ordered him on board—I went to get authority to seize him, and while so doing he made his escape—I heard Captain Burn tell him on board the ship that he hoped he would behave better in future, and have no more of this running away, as he had sent for him in every direction, and he was not to be found—he said he was sorry for it, and would conduct himself proper in future—he was received on board again—the vessel sailed from New Plymouth to Port Nelson, with emigrants—we had a cargo of porter on board—the charge of the stores had been taken from Rowe on finding him deficient, and he was placed back as an ordinary seaman—at Fort Nelson the porter was slung on deck to be discharged—I find by the log-book which was kept by myself, that we arrived there on the 10th of Jan.—the porter was in bottles, contained in barrels—I found Rowe drunk—he was charged with stealing the porter before the Magistrate—I was present, and heard him say he drank four or five glasses of the porter that was stolen—he said, "That was stolen"—there was another man drunk, but I knew nothing of him—I found seven bottles below deck, and one bottle in Rowe's chest—the cask must have been thrown over board—Captain Burn had to pay 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. as the deficiency—Rowe had refused to do his duty in my pre
<lb/>sence, three times or more—Captain Burn asked him if he intended to do any more duty on board—he said he would not, and he did not do any duty—the charge before the Magistrate was for disorderly conduct in re
<lb/>fusing to do duty, and that he had the beer—no violence had been offered to him by the captain, or any officer—I heard him say before the Magistrate that he would never go on board the b—y ship again—he was not intoxicated before the Magistrate—he was quite sober there; but he was stupid when he left the ship—we sailed on the night of the 10th day after he was before the Magistrate—I did not see him brought to the beach myself—I know the captain sent the surgeon to fetch him on board—he returned without him—there are men about who persuade seamen to run away from their vessels—the ship was to go round to South America, to ship a cargo of palm, and we shipped not less than 15,000
<hi rend="italic">l</hi>. in dollars—the day fixed for the vessel sailing from Nelson was the 29th of Jan.; but the wind being unfavourable, we did not sail until the 30th—the police Magistrate at Nelson lives seven miles from the shore—our crew was twenty-three men, besides the cabin-boy—the vessel was a barque of 477 tons—the captain had been master of her five years, since she has been built—I have sailed with him four years—his conduct for humanity was as good as ever I saw in my life—I have been at sea ten years—he is a married man and has children—the harbour at port-Nelson is very narrow—the tide run, in about eight knots an hour—it is necessary to select a particular time of the tide to drop out of her, more so than any port I know—the channel is not wider than this Court—the ship is twenty-eight feet broad—we had passengers to convey to Wellington and Valparaiso, and emigrants—it was quite necessary we should quit Nelson as early as possible—we were to quit on the morning of the 29th, but could not get out.</p>
<hi rend="smallCaps">MR. RYLAND</hi>.
<hi rend="italic">Q.</hi> Was he charged on board the ship with stealing the porter?
<hi rend="italic">A.</hi> Yes—the captain said he was afraid he was one who had taken it, as he was drunk—he denied it—he did not say he would "knock</p>
<xptr type="pageFacsimile" doc="184412160013"/>
<p>off," because he was charged with theft—he had knocked off before the captain said a word—he was taken on shore to go before the Magistrate, on the 20th of Jan., and appeared before the Magistrate on the 22nd—he must have been in prison those two days—the Magistrate sentenced him to be imprisoned for a week—I never saw him after that—we did not ship any cargo till we left Port Nelson.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-98" type="witnessName">
<interp inst="t18441216-name-98" type="gender" value="male"/>
<interp inst="t18441216-name-98" type="surname" value="ARTHUR"/>
<interp inst="t18441216-name-98" type="given" value="EDWARD"/>EDWARD R. ARTHUR</persName> </hi>. I was owner of the barque
<hi rend="italic">Himalaya</hi>, Captain Burn was master—I am a British subject.</p>
<hi rend="italic">Cross-examined. Q.</hi> What is your general knowledge of the captain's character while he has been master of the ship?
<hi rend="italic">A.</hi> He has been master of her for five years, since she was built—I have always heard him spoken of as a humane and excellent officer.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-99" type="witnessName">
<interp inst="t18441216-name-99" type="gender" value="male"/>
<interp inst="t18441216-name-99" type="surname" value="SYMONS"/>
<interp inst="t18441216-name-99" type="given" value="EDWARD WILLIAM"/>EDWARD WILLIAM SYMONS</persName> </hi>. I am chief clerk at the Thames Police-court, which is in Middlesex, and was present when this matter was gone into before Mr. Ballantine—I took down the evidence—I heard Captain Burn make a statement, which I took down—it was read over to him, and signed by him—(reading)—" The last time I saw him was before the Magistrate, in New Zealand; he said he would rather rot in gaol than go on board the vessel again; that was the last expression I heard him make; I requested Mr. White, the Magistrate, to let him come on board after his imprisonment was over—he said he would sooner rot than come on board—he was sent down to the beach; but from what he said, that he would sooner rot than come on board, I did not think it necessary to send a boat for him; I was busy taking in a cargo at the time."</p>
<hi rend="smallCaps">
<persName id="t18441216-name-100" type="witnessName">
<interp inst="t18441216-name-100" type="gender" value="male"/>
<interp inst="t18441216-name-100" type="surname" value="CARBORDINE"/>
<interp inst="t18441216-name-100" type="given" value="BENJAMIN"/>BENJAMIN CARBORDINE</persName> </hi>. I was one of the crew of this Vessel.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did you hear Rowe say he would be d—d if he would go on board that b—y ship again?
<hi rend="italic">A.</hi> Yes—I did not see him brought down to the beach, from the prison", in custody—I was on shore, and saw him on the beach, after he was before the Magistrate, and he then said so—it might be six days after he was before the Magistrate—I do not know that they lock people up at all there, when in custody—I have sailed two voyages with the captain—he is the best gentleman I ever sailed with.</p>
<hi rend="smallCaps">MR. RYLAND</hi>.
<hi rend="italic">Q.</hi> Did not you state to Mr. Ballantine, that you never told the captain that he had said he would never come on board again?
<hi rend="italic">A.</hi> Yes, but I stated it to part of the crew.</p>
<hi rend="smallCaps">MR. CLARKSON</hi>
<hi rend="italic">called</hi> </p>
<hi rend="smallCaps">
<persName id="t18441216-name-101" type="witnessName">
<interp inst="t18441216-name-101" type="gender" value="male"/>
<interp inst="t18441216-name-101" type="surname" value="FRENCH"/>
<interp inst="t18441216-name-101" type="given" value="EDWARD"/>EDWARD FRENCH</persName> </hi>. I am a surgeon, and sailed in this vessel. I went on shore at Nelson with the captain, when Rowe was charged before the Magistrate; and after his imprisonment had expired, I went on shore to fetch him, by the captain's direction—I could not find him—I did not see him on the beach—I went to the gaol for him, but he was gone—I found the constable, who made a communication to me—I immediately informed the captain I could not find him, that the constable had brought him to the beach, to bring him on board—the vessel was then lying in the harbour—I told the captain, the constable said, Rowe bad said he would be d—d if he would go on board the vessel again; that he brought him to the beach, and pushed him towards the boat, and be resisted him violently—on my questioning the constable why he did not call assistance, and put him into the boat, or take him back to gaol, he said he had no au
<lb/>thority to do so, as his sentence had expired—I said the Magistrate had</p>
<xptr type="pageFacsimile" doc="184412160014"/>
<p>directed the constable to bring him on board—he said he had no authority to take him back to gaol—I was on board the vessel fourteen months, and saw the captain's conduct—I think his greatest failure was kindness to his crew—I think him rather too kind than otherwise—he passes over offences slightly.</p>
<p>(Several witnesses gave the defendant an excellent character.)</p>
<hi rend="smallCaps">
<rs id="t18441216-201-verdict-1" type="verdictDescription">
<interp inst="t18441216-201-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18441216-201-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY</rs> </hi>
<hi rend="italic">Strongly recommended to mercy.—
<rs id="t18441216-201-punishment-3" type="punishmentDescription">
<interp inst="t18441216-201-punishment-3" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18441216-201-punishment-3" type="punishmentSubcategory" value="fine"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-201-18441216 t18441216-201-punishment-3"/>Fined Twenty Pounds</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18441216-202">
<interp inst="t18441216-202" type="uri" value="sessionsPapers/18441216"/>
<interp inst="t18441216-202" type="date" value="18441216"/>
<join result="criminalCharge" id="t18441216-202-charge-1" targOrder="Y" targets="def1-202-18441216 t18441216-202-offence-1 t18441216-202-verdict-1"/>
<persName id="def1-202-18441216" type="defendantName">
<interp inst="def1-202-18441216" type="gender" value="male"/>
<interp inst="def1-202-18441216" type="age" value="22"/>
<interp inst="def1-202-18441216" type="surname" value="JEFFORD"/>
<interp inst="def1-202-18441216" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM JEFFORD</hi> </persName> was indicted
<rs id="t18441216-202-offence-1" type="offenceDescription">
<interp inst="t18441216-202-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18441216-202-offence-1" type="offenceSubcategory" value="pocketpicking"/> for stealing, on the
<rs id="t18441216-cd-3" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18441216-202-offence-1 t18441216-cd-3"/>4th of Dec</rs>., 1 handkerchief, value 1
<hi rend="italic">s</hi>., the goods of
<persName id="t18441216-name-103" type="victimName">
<interp inst="t18441216-name-103" type="gender" value="male"/>
<interp inst="t18441216-name-103" type="surname" value="WOLLASTON,"/>
<interp inst="t18441216-name-103" type="given" value="FREDERICK LUARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-202-offence-1 t18441216-name-103"/>Frederick Luard Wollas
<lb/>ton, Esq.,</persName> from his person; and that he had been before convicted of felony.</rs> </p>
<hi rend="smallCaps">
<persName id="t18441216-name-104" type="witnessName">
<interp inst="t18441216-name-104" type="gender" value="male"/>
<interp inst="t18441216-name-104" type="surname" value="WOLLASTON,"/>
<interp inst="t18441216-name-104" type="given" value="FREDERICK LUARD"/>FREDERICK LUARD WOLLASTON, ESQ</persName> </hi>. I am a barrister; my chamben are at No. 2, Pump-court, Temple. On the 4th of Dec, about a quarter to one o'clock in the day, I was passing through East Smithfield, near Tower-hill—I felt somebody rush up against me, behind—I put my head round to my pocket, and at the same time turned round, and there stood the prisoner with my handkerchief in his hand, quite close to me, almost touching me—I took hold of it, and immediately I took it out of his hand he ran away—I pursued him, crying, "Stop thief!" and after running some little distance, he was stopped by a police-officer—when I came up to him, he said, "You won't give me in charge for this? "—I said, "I shall," and I gave him in charge—I have not brought the handkerchief here—I will swear the handkerchief I took from him was the one I had in my pocket before—I produced it before the Magistrate.</p>
<hi rend="italic">Prisoner.</hi> You told the Magistrate you saw another lad pass at the time.</p>
<hi rend="italic">Witness.</hi> No, I said there was another lad near you—there was not time for anybody else to take it, and put it in your hand—the other person was at least two yards off—I had not time to put my hand to my pocket before I saw it in your hand.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-105" type="witnessName">
<interp inst="t18441216-name-105" type="gender" value="male"/>
<interp inst="t18441216-name-105" type="surname" value="JUDGE"/>
<interp inst="t18441216-name-105" type="given" value="JOSHUA"/>JOSHUA JUDGE</persName> </hi>. I am an inspector of the Thames-police. I was in St. Katherine's dock on the day mentioned, and heard an alarm of "Stop thief!"—I stopped the prisoner—he said, "I have done nothing"—the prosecutor came up, and said he had stolen his handkerchief, which he produced—the prisoner did not deny it, but said, "I hope, Sir, you won't give me in charge."</p>
<hi rend="italic">Prisoner's Defence.</hi> I was going along; a lad picked the gentleman's pocket, and threw the handkerchief down; I took it up; the gentleman turned round while I had it in my hand; I held my hand out to him with it; he took it from me, and gave me in charge; the young man passed him at the time.</p>
<hi rend="smallCaps">MR. WOLLASTON</hi> re-examined. He was holding the handkerchief down in his left hand, not holding it out to me—he ran away without my saying anything to him—I had not said I would give him in charge.</p>
<hi rend="italic">Prisoner. Q.</hi> How can you swear it was your handkerchief?
<hi rend="italic">A.</hi> I knew it by the mark when I took it from him.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-106" type="witnessName">
<interp inst="t18441216-name-106" type="gender" value="male"/>
<interp inst="t18441216-name-106" type="surname" value="GRAVE"/>
<interp inst="t18441216-name-106" type="given" value="GEORGE WILLIAM"/>GEORGE WILLIAM GRAVE</persName> </hi> (
<hi rend="italic">police-constable K</hi> 11.) I know the prisoner—I had him in custody—he was committed from the Thames-police, in March, 1840—he pleaded guilty here, and was confined for three months—I produce a certificate of his conviction, which I got from Mr. Clark's office—(read.)</p>
<hi rend="smallCaps">
<rs id="t18441216-202-verdict-1" type="verdictDescription">
<interp inst="t18441216-202-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18441216-202-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 22.—
<hi rend="italic">
<rs id="t18441216-202-punishment-4" type="punishmentDescription">
<interp inst="t18441216-202-punishment-4" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-202-18441216 t18441216-202-punishment-4"/>Transported for Ten Years</rs> </hi>.</p>
<p>(The prisoner had also been summarily convicted three times.)</p> </div1>
<div1 type="trialAccount" id="t18441216-203">
<interp inst="t18441216-203" type="uri" value="sessionsPapers/18441216"/>
<interp inst="t18441216-203" type="date" value="18441216"/>
<join result="criminalCharge" id="t18441216-203-charge-1" targOrder="Y" targets="def1-203-18441216 t18441216-203-offence-1 t18441216-203-verdict-1"/>
<join result="criminalCharge" id="t18441216-203-charge-2" targOrder="Y" targets="def2-203-18441216 t18441216-203-offence-1 t18441216-203-verdict-2"/>
<xptr type="pageFacsimile" doc="184412160015"/>
<persName id="def1-203-18441216" type="defendantName">
<interp inst="def1-203-18441216" type="gender" value="male"/>
<interp inst="def1-203-18441216" type="age" value="29"/>
<interp inst="def1-203-18441216" type="surname" value="GRAHAM"/>
<interp inst="def1-203-18441216" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN GRAHAM</hi>,
<hi rend="italic">alias
<rs id="t18441216-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-203-18441216 t18441216-alias-1"/>Jones</rs>,</hi> </persName> and
<persName id="def2-203-18441216" type="defendantName">
<interp inst="def2-203-18441216" type="gender" value="male"/>
<interp inst="def2-203-18441216" type="age" value="25"/>
<interp inst="def2-203-18441216" type="surname" value="BARRETT"/>
<interp inst="def2-203-18441216" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES BARRETT</hi> </persName> were indicted for
<rs id="t18441216-203-offence-1" type="offenceDescription">
<interp inst="t18441216-203-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18441216-203-offence-1" type="offenceSubcategory" value="housebreaking"/> feloniously breaking and entering the dwelling-house of
<persName id="t18441216-name-109" type="victimName">
<interp inst="t18441216-name-109" type="gender" value="male"/>
<interp inst="t18441216-name-109" type="surname" value="WILLIAMS"/>
<interp inst="t18441216-name-109" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-203-offence-1 t18441216-name-109"/>John Williams</persName>, on the
<rs id="t18441216-cd-4" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18441216-203-offence-1 t18441216-cd-4"/>28th of Nov</rs>., at
<placeName id="t18441216-geo-3">
<join result="offencePlace" targOrder="Y" targets="t18441216-203-offence-1 t18441216-geo-3"/>St. James's, Clerkenwell</placeName>, and stealing therein 1 waistcoat, value 6
<hi rend="italic">d</hi>., his property.</rs> </p>
<hi rend="smallCaps">
<persName id="t18441216-name-110" type="witnessName">
<interp inst="t18441216-name-110" type="gender" value="female"/>
<interp inst="t18441216-name-110" type="surname" value="WILLIAMS"/>
<interp inst="t18441216-name-110" type="given" value="MARY ANN"/>MARY ANN WILLIAMS</persName> </hi>. I live with my father John Williams, in King-street, Clerkenwell; he is a tailor. On the 28th of Nov., a little after eight o'clock in the evening, I was in the shop, and noticed both the prisoners at the window—while they were there, I heard a pane of glass broken, and then saw the arm of the prisoner Barrett through the window—he took a waistcoat and ran away—I did not see what became of Graham—Barrett had worked for my father.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. DOANE</hi>.
<hi rend="italic">Q.</hi> Were you at first in the shop, or in the parlour behind the shop?
<hi rend="italic">A.</hi> In the shop—I was not doing any—thing—I am quite sure I could see the persons outside—I swear positively to them—I cried "Stop thief!" when I saw the waistcoat taken.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-111" type="witnessName">
<interp inst="t18441216-name-111" type="gender" value="male"/>
<interp inst="t18441216-name-111" type="surname" value="WILLIAMS"/>
<interp inst="t18441216-name-111" type="given" value="JOHN"/>JOHN WILLIAMS</persName> </hi>. I live in King-street, in the parish of St. James, Clerkenwell—it is my dwelling-house. The waistcoat was worth 6
<hi rend="italic">d</hi>.—Barrett had worked for me about nine days before.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HORRY</hi>.
<hi rend="italic">Q.</hi> Is your window common glass?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-112" type="witnessName">
<interp inst="t18441216-name-112" type="gender" value="male"/>
<interp inst="t18441216-name-112" type="surname" value="SWEETMAN"/>
<interp inst="t18441216-name-112" type="given" value="CHARLES SHEPHERD"/>CHARLES SHEPHERD SWEETMAN</persName> </hi>. I live in Ratcliff-row, Bath-street. I heard the cry of "Stop thief!" and saw the prisoner Graham running along—he threw the waistcoat away—I saw it picked up—it was the One pro
<lb/>duced—I secured Graham till the policeman came—he struck me several times, and threw me down twice to get away—when he was stopped he said, "I did not break the window, nor throw away the waistcoat"</p>
<hi rend="italic">Cross-examined. Q.</hi> Was he drunk?
<hi rend="italic">A.</hi> He pretended to be so—I do not believe he was.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-113" type="witnessName">
<interp inst="t18441216-name-113" type="gender" value="male"/>
<interp inst="t18441216-name-113" type="surname" value="SARGEANT"/>
<interp inst="t18441216-name-113" type="given" value="JAMES EDWARD"/>JAMES EDWARD SARGEANT</persName> </hi> (
<hi rend="italic">police-constable G</hi> 122.) I received the prisoner Graham in custody, and as I was going to the station Barrett came and took hold of me to rescue him—he tried three or four different times to separate me from him, and pulled him with considerable violence.</p>
<hi rend="smallCaps">MR. WILLIAMS</hi>. This is my waistcoat.</p>
<p>(John Penn, of George-alley, Holborn; Anthony Scarratt, of Black Horse-court, Fleet-street; and Dennis M'Carthy, of Field-lane, deposed to Barrett's good character: and Luke Haggerty, Plough-court, Fetter-lane; and Michael Murray, Wine Office-court, to that of Graham.</p>
<hi rend="largeCaps">GRAHAM</hi>
<hi rend="smallCaps">
<rs id="t18441216-203-verdict-1" type="verdictDescription">
<interp inst="t18441216-203-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18441216-203-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY. Aged 29.
<hi rend="italic">Recommended to mercy by the Prosecutor.—</hi> </rs> </hi> </p>
<hi rend="largeCaps">BARRETT</hi>
<hi rend="smallCaps">
<rs id="t18441216-203-verdict-2" type="verdictDescription">
<interp inst="t18441216-203-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18441216-203-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 25.
<rs id="t18441216-203-punishment-5" type="punishmentDescription">
<interp inst="t18441216-203-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18441216-203-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-203-18441216 t18441216-203-punishment-5"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-203-18441216 t18441216-203-punishment-5"/>Confined Six Months</rs>.</p> </div1>
<div1 type="trialAccount" id="t18441216-204">
<interp inst="t18441216-204" type="uri" value="sessionsPapers/18441216"/>
<interp inst="t18441216-204" type="date" value="18441216"/>
<join result="criminalCharge" id="t18441216-204-charge-1" targOrder="Y" targets="def1-204-18441216 t18441216-204-offence-1 t18441216-204-verdict-1"/>
<persName id="def1-204-18441216" type="defendantName">
<interp inst="def1-204-18441216" type="gender" value="male"/>
<interp inst="def1-204-18441216" type="age" value="18"/>
<interp inst="def1-204-18441216" type="surname" value="CASH"/>
<interp inst="def1-204-18441216" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM CASH</hi> </persName> was indicted
<rs id="t18441216-204-offence-1" type="offenceDescription">
<interp inst="t18441216-204-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18441216-204-offence-1" type="offenceSubcategory" value="housebreaking"/> for feloniously breaking and en
<lb/>tering the shop of
<persName id="t18441216-name-115" type="victimName">
<interp inst="t18441216-name-115" type="gender" value="male"/>
<interp inst="t18441216-name-115" type="surname" value="HAMMERSTONE"/>
<interp inst="t18441216-name-115" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-204-offence-1 t18441216-name-115"/>James Hammerstone</persName>, on the
<rs id="t18441216-cd-5" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18441216-204-offence-1 t18441216-cd-5"/>17th of Nov</rs>., at
<placeName id="t18441216-geo-4">
<join result="offencePlace" targOrder="Y" targets="t18441216-204-offence-1 t18441216-geo-4"/>St. Mary
<lb/>at-hill</placeName>, and stealing therein, 3 boots, value 3
<hi rend="italic">s</hi>.; and 2 pairs of shoes, 7
<hi rend="italic">s</hi>.; his property.—2nd
<hi rend="smallCaps">COUNT</hi>, stating it to be the shop and goods of James William Hussey Hammerstone.</rs> </p>
<hi rend="smallCaps">
<persName id="t18441216-name-116" type="witnessName">
<interp inst="t18441216-name-116" type="gender" value="male"/>
<interp inst="t18441216-name-116" type="surname" value="HAMMERSTONE"/>
<interp inst="t18441216-name-116" type="given" value="JAMES"/>JAMES HAMMERSTONE</persName> </hi>. My real names are James William Hussey Ham­ merstone, but I do not use them all in common—I live at No. 7, Love-lane, Billingsgate, in the parish of St. Mary-at-hill—my shop does not form part of my dwelling-house. On Sunday morning, the 17th of Nov., about eight o'clock, my shop was broken open, and I lost three odd boots and two pairs of shoes.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-117" type="witnessName">
<interp inst="t18441216-name-117" type="gender" value="male"/>
<interp inst="t18441216-name-117" type="surname" value="PHILLIPS"/>
<interp inst="t18441216-name-117" type="given" value="JOHN"/>JOHN PHILLIPS</persName> </hi>. I live at No. 5, Botolph-alley. On the morning of</p>
<xptr type="pageFacsimile" doc="184412160016"/>
<p>the 17th of Nov. I was coming home with my milk, and saw the prisoner walking backwards and forwards in Love-lane past Botolph-alley—I went in doors with my milk, and came out again in about five minutes—he was still walking backwards and forwards, and I noticed him very much, so as to be able to know him again—as soon as I noticed him he walked away—I went round with my milk, round Thames-street, St. Mary-at-hill, and different places in the neighbourhood where I serve milk, till I came to Rood-lane—when I came there the prisoner was trying up two or three pairs of shoes in a handkerchief—he walked up Road-lane, and turned down Fenchurch-street—I crossed the road, and went up Paul's Head-court, and saw me he walked away—I went towards Tower-street station, met a policeman, and gave him information.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-118" type="witnessName">
<interp inst="t18441216-name-118" type="gender" value="male"/>
<interp inst="t18441216-name-118" type="surname" value="FLORY"/>
<interp inst="t18441216-name-118" type="given" value="ISAAC"/>ISAAC FLORY</persName> </hi> (
<hi rend="italic">City police-constable, No</hi>. 547.) I apprehended the prisoner, and took some shoes from his feet, which the prosecutor identified,</p>
<hi rend="smallCaps">MR. HAMMERSTONE</hi> re-examined. These are my shoes, and were taken from my shop—I had them to repair for a customer—they were in my charge, and were lost on this night—I was informed of this by some neigh­ bours, and when I came down the shutter was lying on one side—I cannot say whether the window was down or not, but the shutter was, and had a padlock to the bar across—I had left it so at twelve o'clock over night—I am sure the shutter was then up and secure—the boots and shoes were so near to the window that I could get them out with my hand.</p>
<hi rend="italic">Prisoner</hi>, I am guilty of taking the shoes, but not of breaking open the place; I am very sorry for it; I did it through distress.</p>
<hi rend="smallCaps">
<rs id="t18441216-204-verdict-1" type="verdictDescription">
<interp inst="t18441216-204-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18441216-204-verdict-1" type="verdictSubcategory" value="lesserOffence"/>GUILTY</rs> </hi> of Stealing only. Aged 18.—Recommended to mercy.—
<rs id="t18441216-204-punishment-6" type="punishmentDescription">
<interp inst="t18441216-204-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18441216-204-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-204-18441216 t18441216-204-punishment-6"/>Confined Three Months.</rs> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, December</hi> 18
<hi rend="italic">th</hi>, 1844.</p>
<hi rend="italic">Third Jury, before Edward Bullock, Esq.</hi> </p>
<div1 type="trialAccount" id="t18441216-205">
<interp inst="t18441216-205" type="uri" value="sessionsPapers/18441216"/>
<interp inst="t18441216-205" type="date" value="18441216"/>
<join result="criminalCharge" id="t18441216-205-charge-1" targOrder="Y" targets="def1-205-18441216 t18441216-205-offence-1 t18441216-205-verdict-1"/>
<persName id="def1-205-18441216" type="defendantName">
<interp inst="def1-205-18441216" type="gender" value="male"/>
<interp inst="def1-205-18441216" type="surname" value="ROSSKILLY"/>
<interp inst="def1-205-18441216" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM ROSSKILLY</hi> </persName> was indicted
<rs id="t18441216-205-offence-1" type="offenceDescription">
<interp inst="t18441216-205-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18441216-205-offence-1" type="offenceSubcategory" value="stealingFromMaster"/> for stealing, on the
<rs id="t18441216-cd-6" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18441216-205-offence-1 t18441216-cd-6"/>6th of Dec</rs>, 3 3/4 yards of woollen cloth, value 1
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>.; 1 1/2 yards of tweed, 3
<hi rend="italic">s</hi>.; and 1 1/2 yards of velvet, 1
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.; the goods of
<persName id="t18441216-name-120" type="victimName">
<interp inst="t18441216-name-120" type="gender" value="male"/>
<interp inst="t18441216-name-120" type="surname" value="ROBINSON"/>
<interp inst="t18441216-name-120" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-205-offence-1 t18441216-name-120"/>John Robinson</persName>, his mailer.</rs> </p>
<hi rend="smallCaps">MR. CHARNOCK</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18441216-name-121" type="witnessName">
<interp inst="t18441216-name-121" type="gender" value="male"/>
<interp inst="t18441216-name-121" type="surname" value="SQUIRE"/>
<interp inst="t18441216-name-121" type="given" value="THOMAS"/>THOMAS SQUIRE</persName> </hi> (
<hi rend="italic">police-sergeant K</hi> 14.) I went to the prisoner's house on Saturday evening, the 7th of Dec, while he was at the station—I know it was his house—he had given that address at the station—it was his house entirely—I made a search there, and found two pieces of blue cloth, one piece of black, one piece of Tweed, and two pieces of satin velvet.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-122" type="witnessName">
<interp inst="t18441216-name-122" type="gender" value="male"/>
<interp inst="t18441216-name-122" type="surname" value="BARTHOLOMEW"/>
<interp inst="t18441216-name-122" type="given" value="THOMAS"/>THOMAS BARTHOLOMEW</persName> </hi>. I am warehouseman to Mr. John Robinson. I have no doubt these articles are his property—I cannot swear to them—they resemble what we have—we have not missed any, our stock is so large.</p>
<hi rend="smallCaps">
<rs id="t18441216-205-verdict-1" type="verdictDescription">
<interp inst="t18441216-205-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18441216-205-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18441216-206">
<interp inst="t18441216-206" type="uri" value="sessionsPapers/18441216"/>
<interp inst="t18441216-206" type="date" value="18441216"/>
<join result="criminalCharge" id="t18441216-206-charge-1" targOrder="Y" targets="def1-206-18441216 t18441216-206-offence-1 t18441216-206-verdict-1"/>
<persName id="def1-206-18441216" type="defendantName">
<interp inst="def1-206-18441216" type="gender" value="male"/>
<interp inst="def1-206-18441216" type="age" value="35"/>
<interp inst="def1-206-18441216" type="surname" value="ROSSKILLY"/>
<interp inst="def1-206-18441216" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM ROSSKILLY</hi> </persName> was again indicted
<rs id="t18441216-206-offence-1" type="offenceDescription">
<interp inst="t18441216-206-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18441216-206-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>for stealing, on the
<rs id="t18441216-cd-7" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18441216-206-offence-1 t18441216-cd-7"/>7th of Dec</rs>, 8 1/2 yards of silk serge, value 17
<hi rend="italic">s</hi>., the goods of
<persName id="t18441216-name-124" type="victimName">
<interp inst="t18441216-name-124" type="gender" value="male"/>
<interp inst="t18441216-name-124" type="surname" value="ROBINSON"/>
<interp inst="t18441216-name-124" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-206-offence-1 t18441216-name-124"/>John Robin­ son</persName>, his master.</rs> </p>
<xptr type="pageFacsimile" doc="184412160017"/>
<hi rend="smallCaps">
<persName id="t18441216-name-125" type="witnessName">
<interp inst="t18441216-name-125" type="gender" value="male"/>
<interp inst="t18441216-name-125" type="surname" value="BULL"/>
<interp inst="t18441216-name-125" type="given" value="JAMES"/>JAMES BULL</persName> </hi>. I am in the service of Mr. John Robinson, as a cutter—the prisoner was in his employ, and worked opposite me. On the 7th of Dec. I save him bring some silk to the board, and measure off four yards from one piece, and I cannot say how much off another—he then put two pieces into his pocket, and the other under the board—I went down stairs and informed the foreman below—this is the silk—it is silk serge, and is the property of Mr. Robinson.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-126" type="witnessName">
<interp inst="t18441216-name-126" type="gender" value="male"/>
<interp inst="t18441216-name-126" type="surname" value="MEEDY"/>
<interp inst="t18441216-name-126" type="given" value="WILLIAM"/>WILLIAM MEEDY</persName> </hi> (
<hi rend="italic">police-constable K</hi> 393.) I was called in on the Saturday in question, by Mr. Robinson, and went with him up into the work-room where 1 found the prisoner—Mr. Robinson stated to me in his presence that this piece of dark silk had been produced by the prisoner—he said it was all he had—Mr. Robinson desired me to search the prisoner, and between the waistband of his trowsers and his linen, I found these two pieces of light silk—he begged the consideration of Mr. Robinson for the sake of his wife and five children—I took him into custody—these are the pieces I took from him.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-127" type="witnessName">
<interp inst="t18441216-name-127" type="gender" value="male"/>
<interp inst="t18441216-name-127" type="surname" value="BARTHOLOMEW"/>
<interp inst="t18441216-name-127" type="given" value="THOMAS"/>THOMAS BARTHOLOMEW</persName> </hi>. I am warehouseman to Mr. Robinson. This silk belongs to him—I can swear to it—the prisoner had 30
<hi rend="italic">s</hi>. or 35
<hi rend="italic">s</hi>. a week—he was with us five months—we had an excellent character with him.</p>
<hi rend="smallCaps">
<rs id="t18441216-206-verdict-1" type="verdictDescription">
<interp inst="t18441216-206-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18441216-206-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY</rs> </hi>. Aged 35.—
<hi rend="italic">Recommended to mercy.—
<rs id="t18441216-206-punishment-7" type="punishmentDescription">
<interp inst="t18441216-206-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18441216-206-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-206-18441216 t18441216-206-punishment-7"/>Confined Six Months</rs>.</hi> </p> </div1>
<hi rend="italic">Before Mr. Justice Wightman</hi>.</p>
<div1 type="trialAccount" id="t18441216-207">
<interp inst="t18441216-207" type="uri" value="sessionsPapers/18441216"/>
<interp inst="t18441216-207" type="date" value="18441216"/>
<join result="criminalCharge" id="t18441216-207-charge-1" targOrder="Y" targets="def1-207-18441216 t18441216-207-offence-1 t18441216-207-verdict-1"/>
<join result="criminalCharge" id="t18441216-207-charge-2" targOrder="Y" targets="def2-207-18441216 t18441216-207-offence-1 t18441216-207-verdict-1"/>
<persName id="def1-207-18441216" type="defendantName">
<interp inst="def1-207-18441216" type="gender" value="male"/>
<interp inst="def1-207-18441216" type="surname" value="TAYLOR"/>
<interp inst="def1-207-18441216" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN TAYLOR</hi> </persName> and
<persName id="def2-207-18441216" type="defendantName">
<interp inst="def2-207-18441216" type="gender" value="male"/>
<interp inst="def2-207-18441216" type="surname" value="SMITH"/>
<interp inst="def2-207-18441216" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SMITH</hi> </persName> were indicted for
<rs id="t18441216-207-offence-1" type="offenceDescription">
<interp inst="t18441216-207-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18441216-207-offence-1" type="offenceSubcategory" value="robbery"/> a robbery on
<persName id="t18441216-name-130" type="victimName">
<interp inst="t18441216-name-130" type="gender" value="male"/>
<interp inst="t18441216-name-130" type="surname" value="ALLEN"/>
<interp inst="t18441216-name-130" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-207-offence-1 t18441216-name-130"/>George Allen</persName>, on the
<rs id="t18441216-cd-8" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18441216-207-offence-1 t18441216-cd-8"/>4th of Dec</rs>, putting him in fear, and taking from his person, and against his will, 1 hat, value 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. his property; and immediately before, at the time of, and after the said robbery, beating, striking, arid using other personal violence to him.</rs> </p>
<hi rend="smallCaps">MR. MELLOR</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18441216-name-131" type="witnessName">
<interp inst="t18441216-name-131" type="gender" value="male"/>
<interp inst="t18441216-name-131" type="surname" value="ALLEN"/>
<interp inst="t18441216-name-131" type="given" value="GEORGE"/>GEORGE ALLEN</persName> </hi>. I am a shoemaker. I did lodge at No. 6, Mary
<lb/>place, Mary-street, Hampstead-road, but I have been turned away from my lodging for not consenting to take money as a bribe, that my landlady said I might have. On Wednesday evening, the 4th of Dec, I had been out to solicit work—I did not get any—I was returning between eight and nine, and the prisoners met me full, opposite a nursery-garden, out of the St. Pancras-road—I do not recollect the name of it—I think it is Ansell's nursery-ground—they would not let me pass them—Smith said, "You have got some money, give it to me"—I said I bad none, I had had no work for a fortnight—Taylor said he knew I had—I said I had not—Smith then took off my hat, and said he would have that—Taylor said, "Go it"—Smith ran off—I ran after him, and Taylor followed me close—Smith ran across the fields, and through passage, leading into Union-street—I got up to him at the end of the passage, and said, "I want my hat"—he laid it down, and struck out at me—he hit me on the left side of my chest—he struck me one blow—Taylor was just by the side of me, and I was frightened—I then ran back, and knocked at a door—I was afraid they would catch hold of me—Smith then took the hat and ran off through the passage—Taylor ran after him, and called out, in the way they have for calling one another—he said, "Hoo," or something of that sort—he shouted out—I then ran after them—I overtook Taylor, and said I should keep to him till I got my bat—he then struck me in the side with his.</p>
<xptr type="pageFacsimile" doc="184412160018"/>
<p>elbow, as hard as he could, and nearly knocked me into a ditch of water—he then ran—I followed him into Union-street—I called out, "Police, stop him"—a policeman came and stopped him, and I gave him in charge for being one of the parties that had stolen my hat, and demanded my money—about half-past eleven I made inquiries of a policeman at Somers-town, named Gillam, and in consequence of something he said to me, I went with him, and saw Smith—the policeman said, "There he is over the way, come with me"—I went with him, and saw Smith in the New-road, nearly opposite Judd-street, standing behind a lamp-post—as soon as he saw the policeman, he ran—the policeman ran after him, stopped him, and I gave him into custody.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> You had not had any work for the previous fortnight?
<hi rend="italic">A.</hi> No—I went to my friends for support during that time—I am pretty generally in work—my landlady's name is Mack
<lb/>annon—I have lived with her about four or five months—I always paid her my rent pretty well—I owe her something now—I was turned out—I was perfectly sober on this evening—I had nothing to drink since my tea—no spirits or beer—I am twenty-four years old—I am lame—I will swear that when I said I had no money, Taylor said, "Yes, you have"—it was a very dark night—there are not many lamps—the words that Smith said, when he met me, were "Give me that money"—Taylor struck me with his elbow—I was coming near him, and he put out his elbow—I ran after Taylor—he stopped when the policeman met him, and stood right before him—I was not up to him then—I was in considerable bodily fear of these two boys—I was in considerable fear and trepi­ dation when I ran back and knocked at the door—that I swear—a young woman came to the door—I did not think myself protected then—I ran after the prisoners.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> It was half-past eleven before you went to the policeman?
<hi rend="italic">A.</hi> Yes, and this happened between eight and nine—in the intermediate time I had been in the Adam and Eve—the policeman told me to go there, and I met with a master-tailor—I spoke to two or three policemen, be­ tween the time I left the passage and half-past eleven—I had never seen either of the prisoners before, to my knowledge—I have never got my hat again.</p>
<hi rend="italic">Smith.</hi> I was going down the road, and saw the prosecutor standing with three prostitutes,
<hi rend="italic">sky-larking</hi>; he came up and asked me for three­ pence: I told him I would not give it him. He said he had only a penny himself; he showed it me inside his glove, and the key, and then be came and struck me on the eye; Taylor saw him, and I struck him again.</p>
<hi rend="italic">Witness.</hi> I was met by one girl—there were three passed me—I told the one to go on—that was all—as soon as I had passed them the prisoner met me—I did not ask Smith for threepence—I did not speak to him at all, or go up to him—I had gloves on—I did not pull my gloves off—I did not strike him, to my knowledge—I struggled to get my bat; but I do not recollect that I struck him—I do not know that I did—I am not sure that I did not strike him—if I did strike him, it was just after he took my hat—I ran to him to get my hat away—I think I did strike him—it was after he struck me—I am sure of that—I recollect that—it was done in a bustle.</p>
<hi rend="italic">Smith.</hi> I had the mark on my eye at the office; when he came up to me he said he should take the prostitutes home to his lodging that night;</p>
<xptr type="pageFacsimile" doc="184412160019"/>
<p>he has been to Taylor's mother, and asked for 3
<hi rend="italic">l</hi>., since I have been lying for trial.</p>
<hi rend="italic">Witness.</hi> A young man was sent to me—I did see Taylor's mo­ ther—I did not ask her for 3
<hi rend="italic">l</hi>. or for for any money—I went there to know what the landlady had got to do with it.</p>
<hi rend="italic">Smith.</hi> There are three witnesses to prove that he came to the house, and asked for 3
<hi rend="italic">l</hi>., not to appear against us. Mrs. Taylor sent a little boy for Hardy, a policeman, and he and his brother ran out.</p>
<hi rend="italic">Witness.</hi> I did not ask for any money—no policeman was sent for—my brother was with me when I went to Mrs. Taylor—he is not here—my brother and I did not run out—I heard no directions given about sending for a policeman—there was a little boy in the shop—he was not sent out by Mrs. Taylor—I heard nothing said about sending for Mr. Hardy.</p>
<hi rend="smallCaps">MR. ROBINSON</hi>
<hi rend="italic">Q.</hi> Did not you and your brother go, on the 10th of Dec., to the house of Mrs. Taylor?
<hi rend="italic">A.</hi> Yes—I did call there; but I do not know the time—I did not say that if 3
<hi rend="italic">l</hi>. was given to me, I would go into Devonshire, and not appear against the prisoner—I will swear that I never mentioned any such thing, nor was it mentioned to me—Mrs. Tay­ lor laid she would give me anything; that I might have a furnished room in the house, and plenty of work, if I would only get drunk, or make a flaw or mistake in this—there was no money mentioned to me—I said I could do no such thing, I must go on with the case, I was very sorry, but I could do nothing in it—I did not say I would do all in my power to transport the prisoner, or any words to that effect—I did not leave the house with my brother—I came out as soon as I had told her I was very sorry I could do nothing, I could not go from my word, I had sworn to the truth—I walked away from the house—a knock come to the door, and as I walked out I. met a tall woman dressed in black.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-132" type="witnessName">
<interp inst="t18441216-name-132" type="gender" value="male"/>
<interp inst="t18441216-name-132" type="surname" value="TOBEY"/>
<interp inst="t18441216-name-132" type="given" value="HENRY"/>HENRY TOBEY</persName> </hi> (
<hi rend="italic">police-constable S</hi> 268.) I was on duty on the 4th of Dec., in the evening, at the bottom of Union-street, Somers-town, and heard some one hallooing" Policeman, stop him!"—I saw Taylor running, and stopped him—I came up just before him, and he stopped
<hi rend="italic">bang</hi> against me—I stepped out before him, and he was obliged to stop—he ran up against me—I saw the prosecutor running after him, with his hat off—when he came up he gave Taylor in charge as one of the parties who had been robbing him of his hat, and had demanded his money—the prosecutor was out of breath, as if he had been running—I took Taylor into custody, and asked the prosecutor if he could swear to him—he said he could—Taylor said he knew nothing of it—I took him to the station, searched him, and found 2 1/2
<hi rend="italic">d</hi>., and a pencil-case, in his pocket.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-133" type="witnessName">
<interp inst="t18441216-name-133" type="gender" value="male"/>
<interp inst="t18441216-name-133" type="surname" value="GILLAM"/>
<interp inst="t18441216-name-133" type="given" value="PHILLIP"/>PHILLIP GILLAM</persName> </hi> (
<hi rend="italic">police-constable S</hi> 157.) On the night of the 4th of Dec., about twenty minutes to twelve o'clock, the prosecutor came to me, and asked if I bad heard of a man being robbed of his hat—I said I had heard of a man losing his hat up against Old St. Pancras workhouse—he described one of the persons, and said he was dressed like a sailor—I told him I though I had seen him about a quarter of an hour ago, and I went with him, and saw Smith standing with his back to the lamp-post across the road—I said, "That is him over there," and as soon as I spoke the words he said, "Go it, yes that is him"—as soon as I went towards him he ran away up Judd-street—I followed him about a hundred yards, and took him into custody—I brought him back, and asked the prosecutor if that was him—he said, "Yes," that was him, and he said to him, "You</p>
<xptr type="pageFacsimile" doc="184412160020"/>
<p>have stolen my hat off my head"—he said, "I did not, I know nothing about it"—on the following morning, in going to the office, he said his eye was sore where the prosecutor hit him—I said, "You were there then!"—he made no reply.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was there a mark on his eye?
<hi rend="italic">A.</hi> It appeared that there had been a mark, but I could not tell whether it had been done lately or not—it was very dark—it was his right eye—I do not see much difference now to what there was then—I could see there had been a bruise.</p>
<hi rend="italic">Evidence for the Defence.</hi>)</p>
<hi rend="italic">The prosecutor's deposition being read omitted to state that Taylor said, "I know you have money.</hi> "</p>
<hi rend="smallCaps">MRS. CALVERT</hi>. I live at No. 48, Mortimer-street. On Tuesday, the 10th of Dec, Mrs. Taylor sent to me to ask me to speak on behalf of her son—I saw Allen and his brother there—I went to the door, but did not enter the room, but they were making a proposition then to Mrs. Taylor to give them 3
<hi rend="italic">l</hi>.; and they would go to Devonshire out of the way—I heard the prosecutor say to her, "I will not appear against your son if you will give me 3
<hi rend="italic">l</hi>.; I will then go to Devonshire"—she said she had not got the money by her—they then said, could she have it by Saturday?—she said she did not know whether she could, she would try—the brother then requested the prosecutor to go out, and he would speak to Mrs. Taylor alone—he went out, and left them alone—I then went in, and requested Mrs. Taylor would not give them the money—I told her to send for a police
<lb/>man—the prosecutor had then left.</p>
<hi rend="smallCaps">MR. MELLOR</hi>.
<hi rend="italic">Q.</hi> Are you related to Taylor?
<hi rend="italic">A.</hi> No—I did not hear the commencement of the conversation—I did not enter the room, but stood at the door—Mrs. Taylor said she had not sent for the prosecutor, after he was gone.</p>
<hi rend="italic">Q.</hi> Why should she tell you that?
<hi rend="italic">A.</hi> She made the observation that he had come of his own accord—I do not know that she had sent for him—I swear I did not hear her make a proposition to him—I do not precisely recollect all that passed—I have known Taylor's family fifteen years.</p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> What character does he bear?
<hi rend="italic">A.</hi> Always a steady, industrious character—I never thought he would get into such trouble—Elizabeth Prince was present at the conversation.</p>
<hi rend="smallCaps">MR. MELLOR</hi>.
<hi rend="italic">Q.</hi> Do not you know that he has been in trouble before?
<hi rend="italic">A.</hi> I have been told so, lately.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-134" type="witnessName">
<interp inst="t18441216-name-134" type="gender" value="female"/>
<interp inst="t18441216-name-134" type="surname" value="PRINCE"/>
<interp inst="t18441216-name-134" type="given" value="ELIZABETH"/>ELIZABETH PRINCE</persName> </hi>. lam a servant out of place. On the 10th of Dec. I was at Mrs. Taylor's—the prosecutor's brother came first, and about half-past six o'clock in the evening they both came together—I saw Mrs. Taylor—I was present—Mrs. Calvert came in just before the prosecutor went out, about five minutes before—the prosecutor said if Mrs. Taylor would give him 3
<hi rend="italic">l</hi>. he would go to Devonshire—the brother said he had brought his brother to make arrangements with Mrs. Taylor—the pro­ secutor said he would not have appeared against him if he had given him 1
<hi rend="italic">s</hi>. at the station-house, and his hat was not worth 6
<hi rend="italic">d</hi>.—he asked her if she would get the 3
<hi rend="italic">l</hi>. ready by Saturday, and he would go away, but he would not go under 3
<hi rend="italic">l</hi>.—he would come again on Saturday and see if she had got it ready—he then went out, saying he would leave his bro­ ther to make arrangements with Mrs. Taylor.</p>
<hi rend="smallCaps">
<rs id="t18441216-207-verdict-1" type="verdictDescription">
<interp inst="t18441216-207-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18441216-207-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<xptr type="pageFacsimile" doc="184412160021"/>
<hi rend="italic">Before Mr. Baron Rolfe.</hi> </p>
<div1 type="trialAccount" id="t18441216-208">
<interp inst="t18441216-208" type="uri" value="sessionsPapers/18441216"/>
<interp inst="t18441216-208" type="date" value="18441216"/>
<join result="criminalCharge" id="t18441216-208-charge-1" targOrder="Y" targets="def1-208-18441216 t18441216-208-offence-1 t18441216-208-verdict-1"/>
<persName id="def1-208-18441216" type="defendantName">
<interp inst="def1-208-18441216" type="gender" value="male"/>
<interp inst="def1-208-18441216" type="age" value="32"/>
<interp inst="def1-208-18441216" type="surname" value="GREENHALL"/>
<interp inst="def1-208-18441216" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN GREENHALL</hi> </persName> was indicted
<rs id="t18441216-208-offence-1" type="offenceDescription">
<interp inst="t18441216-208-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18441216-208-offence-1" type="offenceSubcategory" value="forgery"/> for feloniously and knowingly uttering a forged request for the delivery of goods, with intent to defraud
<persName id="t18441216-name-136" type="victimName">
<interp inst="t18441216-name-136" type="gender" value="male"/>
<interp inst="t18441216-name-136" type="surname" value="TRIBE"/>
<interp inst="t18441216-name-136" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-208-offence-1 t18441216-name-136"/>Thomas Tribe</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18441216-name-137" type="witnessName">
<interp inst="t18441216-name-137" type="gender" value="male"/>
<interp inst="t18441216-name-137" type="surname" value="TRIBE"/>
<interp inst="t18441216-name-137" type="given" value="THOMAS"/>THOMAS TRIBE</persName> </hi>. I am a boot and shoemaker, and live at Uxbridge. I know the Rev. Mr. Hale, of Hayes—a man, who I believe to be the pri
<lb/>soner, came to my shop on the 10th of Aug. and gave me this note, which I opened and read—(read—" Mr. Tribe, boot and shoemaker, Uxbridge. The Rev. John Hale will thank you to send by bearer a few ladies' boots, 4 1/2 size, also a few pairs of children's boots, 6 1/8 size: they shall be re­ turned in the evening, together with the money for those selected. Satur­ day, P. M.")—I looked out the goods and packed them up, while my son was in conversation with him—I gave him the goods, supposing he had come from Mr. Hale—he said he had lived in Mr. Hale's family, and looked very respectable—he said the boots were for Mr. Hale's family—I do not know any other Mr. Hale.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-138" type="witnessName">
<interp inst="t18441216-name-138" type="gender" value="male"/>
<interp inst="t18441216-name-138" type="surname" value="TRIBE"/>
<interp inst="t18441216-name-138" type="given" value="JOHN"/>JOHN TRIBE</persName> </hi>. I am the prosecutor's son. The prisoner is the man who came with the order—I saw the goods delivered to him—I was in con
<lb/>versation with him while my father was looking them out—he said he had not lived long with Mr. Hale, of Hayes, but he lived with a cousin of Mr. Hale's, and had been in the family a long time.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> I believe you were examined before the Magistrate?
<hi rend="italic">A.</hi> Yes; the signature to this deposition is mine—I said the prisoner told me he lived with Mr. Hale, of Hayes, but whether it was taken down I do not know—we have goods in our window, but none hanging about—I never saw the prisoner before.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-139" type="witnessName">
<interp inst="t18441216-name-139" type="gender" value="male"/>
<interp inst="t18441216-name-139" type="surname" value="HALE"/>
<interp inst="t18441216-name-139" type="given" value="GEORGE CARPENTER"/>REV. GEORGE CARPENTER HALE</persName> </hi>. I am vicar of Hayes. I never saw the prisoner before, except before the Magistrate—he never lived in my household, nor do I know of his living with any member of my family—I have a brother John, a layman—I had a cousin named John, a clergy
<lb/>man, but he has been dead more than a year—I had no relation called Rev. John Hale in Aug.—I did not send the prisoner for any boots—this order is not my writing—I never saw it till it was before the Magistrate—I have dealt with Tribe.</p>
<hi rend="italic">Cross-examined. Q.</hi> Perhaps you will not swear it is not the writing of your deceased cousin?
<hi rend="italic">A.</hi> I will swear it is not—he had been a widower many years—he had several married daughters.</p>
<hi rend="smallCaps">
<rs id="t18441216-208-verdict-1" type="verdictDescription">
<interp inst="t18441216-208-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18441216-208-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 32.—
<hi rend="italic">
<rs id="t18441216-208-punishment-8" type="punishmentDescription">
<interp inst="t18441216-208-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18441216-208-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-208-18441216 t18441216-208-punishment-8"/>Confined Two Years</rs>.</hi> </p>
<p>(There was another indictment against the prisoner.)</p> </div1>
<div1 type="trialAccount" id="t18441216-209">
<interp inst="t18441216-209" type="uri" value="sessionsPapers/18441216"/>
<interp inst="t18441216-209" type="date" value="18441216"/>
<join result="criminalCharge" id="t18441216-209-charge-1" targOrder="Y" targets="def1-209-18441216 t18441216-209-offence-1 t18441216-209-verdict-1"/>
<join result="criminalCharge" id="t18441216-209-charge-2" targOrder="Y" targets="def2-209-18441216 t18441216-209-offence-1 t18441216-209-verdict-2"/>
<persName id="def1-209-18441216" type="defendantName">
<interp inst="def1-209-18441216" type="gender" value="male"/>
<interp inst="def1-209-18441216" type="age" value="17"/>
<interp inst="def1-209-18441216" type="surname" value="BROWN"/>
<interp inst="def1-209-18441216" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM BROWN</hi> </persName> and
<persName id="def2-209-18441216" type="defendantName">
<interp inst="def2-209-18441216" type="gender" value="male"/>
<interp inst="def2-209-18441216" type="age" value="19"/>
<interp inst="def2-209-18441216" type="surname" value="SMITH"/>
<interp inst="def2-209-18441216" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM SMITH</hi> </persName> were indicted for
<rs id="t18441216-209-offence-1" type="offenceDescription">
<interp inst="t18441216-209-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18441216-209-offence-1" type="offenceSubcategory" value="simpleLarceny"/>stealing a bedstead, value 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., the goods of
<persName id="t18441216-name-142" type="victimName">
<interp inst="t18441216-name-142" type="gender" value="male"/>
<interp inst="t18441216-name-142" type="surname" value="HAWKINS"/>
<interp inst="t18441216-name-142" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-209-offence-1 t18441216-name-142"/>William Hawkins</persName>, and that Brown had been before convicted of felony.</rs> </p>
<hi rend="smallCaps">
<persName id="t18441216-name-143" type="witnessName">
<interp inst="t18441216-name-143" type="gender" value="male"/>
<interp inst="t18441216-name-143" type="surname" value="HAWKINS"/>
<interp inst="t18441216-name-143" type="given" value="WILLIAM"/>WILLIAM HAWKINS</persName> </hi>. I am a broker, and live in Horseferry-road, Westminster. On the 29th of Nov. last I had a bedstead in my posses­ sion—I had sold it to a customer—I placed it outside my door about eight o'clock in the evening, and left it there for the purpose of serving another customer who came into the shop at the time—I remained about half an hour—after I had served the party, I went to get the bedstead to take home, and then missed it—this now produced is it.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-144" type="witnessName">
<interp inst="t18441216-name-144" type="gender" value="male"/>
<interp inst="t18441216-name-144" type="surname" value="BUTLER"/>
<interp inst="t18441216-name-144" type="given" value="WILLIAM"/>WILLIAM BUTLER</persName> </hi> (
<hi rend="italic">police sergeant B</hi> 3.) I was on duty on the 29th of Nov. close to Horseferry-lane, about twenty minutes past eight</p>
<xptr type="pageFacsimile" doc="184412160022"/>
<p>o'clock, and saw the two prisoners together, carrying the bedstead—Brown carried the front part on his left shoulder, and Smith the hind part—they were coming in a direction from Mr. Hawkins's house, and about 200 yards from it, into Duck-lane—they then crossed out of Duck-lane into Old Pye-street, and went into the passage of the house No. 4 just as I got up to them—I called to them as they were going into the passage, and said, "I don't think this is all right"—they threw down the bedstead in the passage, and ran away through the passage into a back yard—I fol
<lb/>lowed after them, and nearly tumbled over the bedstead—I called out, "It is no use to run away, for I know you both"—when I got into the yard I saw Smith getting over the palings—I nearly caught hold of him—I went over the palings after him into the next yard—my coat hung in the palings, and I fell—he escaped through the adjoining house, and I did not see any more of him—Brown was in front of Smith, and I did not see him after he got into the passage—I then took the bedstead to the station, and gave information to another constable of the parties I wanted.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PARRY</hi>
<hi rend="italic">Q.</hi> When did you first give the account of following these lads over the palings?
<hi rend="italic">A.</hi> When I went to the station, and also before the Magistrate—I stated that they escaped over the back yard—there was a gas-lamp at the corner where I saw them, and one ata beer-shop as well—I was about ten yards off when they passed by with the bedstead—there is a little cottage at the back of these premises—the palings are between four and five feet high, and are pointed at the top—I nearly caught Smith in going over the palings—he did not go over two pal
<lb/>ings—he went out through the passage of an adjoining house—there is a row of houses in Duck-lane, all inclosed in a similar way, but some of them have iron railings—the doors are nearly always open—they are lodging-houses—I did not see Brown after he went into the passage—he was in front—I know a man named Moon, who keeps a public-house in Tothill-street—I know Millerman—I have not been with him in Moon's public-house since this occurrence, until this morning, just as we were coming away—I did not adjourn to that public-house after Brown was apprehended—I did not go there with Millerman after Brown was apprehended and locked up in the station, that I swear—I do not believe that I did—I might look in at the door—I went to a good many public-houses which I knew to be the resort of these youths, but I did not go to Moon's; it is a different sort of house—I did not say to Millerman, in Moon's house, and in his pre
<lb/>sence, "We must make this a trial job," nor did Millerman say so, nor did I answer, "No fear of that, I will stick to him"—I said nothing of the kind, nor did Millerman to me, that I swear—I know a woman named Bryant—I do not recollect meeting Brown's brother on the Sunday fol
<lb/>lowing, the 1st of Dec.—I met him a few days after the 1st of Dec.—I do not know what day it was—he came to me and said, "Butler, you have got the wrong party in custody, will you go and have something to drink?" I refused, knowing him so well—he did not say that his brother was at home at the time I said I saw him, nor did I reply that I had sworn it was him once, and I would stick to it, or continue to do so—I said nothing of the kind—I said I knew what party I had got, for I had seen them together before, and I knew him well—I told him I had got the right party in custody, I knew him so well—he said I had not—Millerman was the policeman to whom I gave the information about the boys—I di­ rected him to find them—he had told me before that they were out toge­ ther—as soon as I had gone to the station, and put the bedstead there,</p>
<xptr type="pageFacsimile" doc="184412160023"/>
<p>Millerman went and brought Brown while I was at the station, before I could get out, and Mr. Hawkins came and owned the bedstead—I sent Miller
<lb/>man while I went up to Mr. Hawkins's, as I suspected it had come from there, and in the mean time he had been to the station—Millerman went after them from the description I gave at the station—Millerman is a special constable, and generally goes in plain clothes.</p>
<hi rend="italic">Smith. Q.</hi> Can you swear that you saw me?
<hi rend="italic">A.</hi> I can—you were carrying the bedstead, coming up Duck-lane, opposite Pear-street, leading into Old Pye-street—I saw your side-face—you had the hind part of the bedstead on your right shoulder.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Had you known either of the prisoners before?
<hi rend="italic">A.</hi> I have known Brown three or four years, and have seen him almost every day—Smith I have known two or three months, seeing him about at night constantly.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-145" type="witnessName">
<interp inst="t18441216-name-145" type="gender" value="male"/>
<interp inst="t18441216-name-145" type="surname" value="MILLERMAN"/>
<interp inst="t18441216-name-145" type="given" value="WILLIAM"/>WILLIAM MILLERMAN</persName> </hi> (
<hi rend="italic">police-constable B</hi> 96.) I was on duty on the 29th of Nov., and patroling the division, about six or seven o'clock I saw the prisoners both together in Rochester-row, which is not ten minutes walk from this passage, in Horseferry-road—I afterwards received some information from Butler, in consequence of which I went in search of the prisoners—I found Brown at home at his own house about half-past nine—I told him I wanted him for a bedstead that was stolen from Hawkins—he denied knowing anything about it—I took him to the station, where he was identified by Butler—I afterwards went in search of Smith every­ where, but did not find him till the 10th, when I happened to run against him accidentally, in the Broadway, Westminster—I told him I wanted him for the bedstead—he denied knowing anything about it, and I took him to the station, where he was identified by Butler.</p>
<hi rend="italic">Cross-examined. Q.</hi> Are you an officer of the detective force?
<hi rend="italic">A.</hi> I am—I have been in the police nearly ten years, but only two years in the detective—when I apprehended Brown he did not say he had been at home at the time—he said he did not know anything about it—I know Moon's public-house in Tothill-street—it is not far from the station—after Brown was locked up, Butler and I went to Moon's public-house—we had a drop of something—we were there, I dare say, about five mi­ nutes—I did not say to Butler there, "We must make this a trial job, Butler"—that I swear—I never said anything of the kind, nor did Butler reply, "No fear of that, I will stick to him"—nothing of the kind—I swear that positively—I do not know a woman named Bryant, to my knowledge—I know a man named Hyde—Butler and I met Hyde on London-bridge, after this occurrence—we were in search of Smith at the time—I did not, on Hyde's saying he intended to give the prisoner a cha­ racter, say to him, that if he did, I would make him smart for it—nor did Butler say so in my presence—nothing of the sort—I was not at the sta­ tion on the night of the robbery when Butler came there with the bed­ stead—he informed me of it directly we came in at nine—he then gave me a description of the lads—his own duty was to look after his men—he was waiting for a man at the time, being on his duty, he gave me the de­ scription, and I went and apprehended Brown—I have had a good many cases—it has not happened to me to take more boys than men—I should say I have taken more men.</p>
<hi rend="italic">Evidence for Brown's Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18441216-name-146" type="witnessName">
<interp inst="t18441216-name-146" type="gender" value="female"/>
<interp inst="t18441216-name-146" type="surname" value="JONES"/>
<interp inst="t18441216-name-146" type="given" value="MARY"/>MARY JONES</persName> </hi>. I live at No. 10, Little Chapel-st. I have known Brown</p>
<xptr type="pageFacsimile" doc="184412160024"/>
<p>ever since he was two years old. On Friday, the 29th of Nov., he was down in my place from four to five o'clock, when he went home to his tea—I went to his mother's house at six, and remained there till the officers came and took Brown, which was a little after nine, as near as I can guess—I saw Brown there from about a quarter or half-past seven till then—he came into his mother's place from about a quarter to half-past seven, and never went out afterwards till he was taken, nor did I.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What makes you know it was a quarter or half-past seven when he came in?
<hi rend="italic">A.</hi> Because his sister came down from work, and his other sister's little child was ill, which caused me to be there—his sister lodges at his mother's—I know it to be a quarter or half-past seven, from the time I went there.</p>
<hi rend="smallCaps">MR. PARRY</hi>
<hi rend="italic">Q.</hi> You went at six o'clock?
<hi rend="italic">A.</hi> Yes, and he had left my house at five.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-147" type="witnessName">
<interp inst="t18441216-name-147" type="gender" value="male"/>
<interp inst="t18441216-name-147" type="surname" value="GABLE"/>
<interp inst="t18441216-name-147" type="given" value="WILLIAM"/>WILLIAM GABLE</persName> </hi>. I am an army cap-meker, and live at No. 4, Frede
<lb/>rick-street, Regent-street, Vauxhall-bridge-road. I have known Brown about four months, and know his parents—I am courting his sister, am am in the habit of going to his mother's house—on the 29th of Nov. I was there to tea, and from that time till the prisoner was taken, which was about twenty minutes past nine—we had tea at four—Brown was there from a quarter to half-past seven, until he was taken, and I was with him—I am quite sure as to the day and time, within a few minutes.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">Q.</hi> What makes you know it was between a quarter and half-past seven o'clock?
<hi rend="italic">A.</hi> Because his sister left off work at seven, and I reckoned it was about a quarter or half an hour after that—he came in in about a quarter or half an hour after they left off work, as they told me when they came down stairs—he was there at the time they came down—I was not up stairs when they were at work—they came down about a quarter or half an hour after they had left off work—they told me so—they said they left off exactly at seven—the prisoner was in when they came down, and never went out after that—he was in and out before that time, but from that time I can be sure for his being in doors.</p>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> His sister was in the habit of working up stairs?
<hi rend="italic">A.</hi> Yes—she is a cap maker.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-148" type="witnessName">
<interp inst="t18441216-name-148" type="gender" value="male"/>
<interp inst="t18441216-name-148" type="surname" value="PROCTOR"/>
<interp inst="t18441216-name-148" type="given" value="THOMAS"/>THOMAS PROCTOR</persName> </hi>. I produce a certificate of Brown's former conviction—(read—Convicted on the 22nd of Aug., 6th Vict., of larceny, and confined ten days)—I was present at his trial, and am sure he is the same boy.</p>
<hi rend="largeCaps">BROWN</hi>
<hi rend="smallCaps">
<rs id="t18441216-209-verdict-1" type="verdictDescription">
<interp inst="t18441216-209-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18441216-209-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 17.—
<rs id="t18441216-209-punishment-9" type="punishmentDescription">
<interp inst="t18441216-209-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18441216-209-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-209-18441216 t18441216-209-punishment-9"/>Confined Six Months</rs>.</p>
<hi rend="largeCaps">SMITH</hi>
<hi rend="smallCaps">
<rs id="t18441216-209-verdict-2" type="verdictDescription">
<interp inst="t18441216-209-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18441216-209-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 19.—
<rs id="t18441216-209-punishment-10" type="punishmentDescription">
<interp inst="t18441216-209-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18441216-209-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-209-18441216 t18441216-209-punishment-10"/>Confined Four Months</rs>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Thursday, December</hi> 19
<hi rend="italic">th</hi>, 1844.</p>
<hi rend="italic">Fourth Jury, before Edward Bullock, Esq</hi>.</p>
<div1 type="trialAccount" id="t18441216-210">
<interp inst="t18441216-210" type="uri" value="sessionsPapers/18441216"/>
<interp inst="t18441216-210" type="date" value="18441216"/>
<join result="criminalCharge" id="t18441216-210-charge-1" targOrder="Y" targets="def1-210-18441216 t18441216-210-offence-1 t18441216-210-verdict-1"/>
<persName id="def1-210-18441216" type="defendantName">
<interp inst="def1-210-18441216" type="gender" value="male"/>
<interp inst="def1-210-18441216" type="surname" value="THOMAS"/>
<interp inst="def1-210-18441216" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE THOMAS</hi> </persName> was indicted
<rs id="t18441216-210-offence-1" type="offenceDescription">
<interp inst="t18441216-210-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18441216-210-offence-1" type="offenceSubcategory" value="simpleLarceny"/> for stealing, on the
<rs id="t18441216-cd-9" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18441216-210-offence-1 t18441216-cd-9"/>13th of Dec</rs>., 1 bushel of apples, value 2
<hi rend="italic">s</hi>.; 1 basket, 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; and 1 sack, 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; the goods of
<persName id="t18441216-name-150" type="victimName">
<interp inst="t18441216-name-150" type="gender" value="male"/>
<interp inst="t18441216-name-150" type="surname" value="JOHNSON"/>
<interp inst="t18441216-name-150" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-210-offence-1 t18441216-name-150"/>John Johnson</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18441216-name-151" type="witnessName">
<interp inst="t18441216-name-151" type="gender" value="male"/>
<interp inst="t18441216-name-151" type="surname" value="JOHNSON"/>
<interp inst="t18441216-name-151" type="given" value="JOHN"/>JOHN JOHNSON</persName> </hi>. I am a fruiterer, and live in Pear-tree-street, Brick-lane, St. Luke's. On Friday morning, the 13th of Dec., I gave the prisoner a basket of apples to carry home for me—I covered them with a sack, and</p>
<xptr type="pageFacsimile" doc="184412160025"/>
<p>told him to go easy, and I would go along with him out of the market, but he gave me the
<hi rend="italic">slip</hi> in the fog, and I never saw him again till he was in custody on Monday morning.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-152" type="witnessName">
<interp inst="t18441216-name-152" type="gender" value="male"/>
<interp inst="t18441216-name-152" type="surname" value="WHEELER"/>
<interp inst="t18441216-name-152" type="given" value="THOMAS"/>THOMAS WHEELER</persName> </hi>. I am sixteen year old. I met the prisoner on the Saturday morning in Farringdon-market—he told me he had sold the apples for 1
<hi rend="italic">s</hi>. to a woman—I told the prosecutor.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-153" type="witnessName">
<interp inst="t18441216-name-153" type="gender" value="male"/>
<interp inst="t18441216-name-153" type="surname" value="NICHOLAS"/>
<interp inst="t18441216-name-153" type="given" value="JOHN"/>JOHN NICHOLAS</persName> </hi> (
<hi rend="italic">police-constable G</hi> 180.) I took the prisoner into custody—he said he never had the apples.</p>
<hi rend="smallCaps">
<rs id="t18441216-210-verdict-1" type="verdictDescription">
<interp inst="t18441216-210-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18441216-210-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18441216-210-punishment-11" type="punishmentDescription">
<interp inst="t18441216-210-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18441216-210-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-210-18441216 t18441216-210-punishment-11"/>Confined Two Months</rs>.</hi> </p> </div1>
<hi rend="italic">Before Mr. Baron Rolfe.</hi> </p>
<div1 type="trialAccount" id="t18441216-211">
<interp inst="t18441216-211" type="uri" value="sessionsPapers/18441216"/>
<interp inst="t18441216-211" type="date" value="18441216"/>
<join result="criminalCharge" id="t18441216-211-charge-1" targOrder="Y" targets="def1-211-18441216 t18441216-211-offence-1 t18441216-211-verdict-1"/>
<persName id="def1-211-18441216" type="defendantName">
<interp inst="def1-211-18441216" type="gender" value="female"/>
<interp inst="def1-211-18441216" type="surname" value="ROPER"/>
<interp inst="def1-211-18441216" type="given" value="LEAH MARY"/>
<hi rend="largeCaps">LEAH MARY ROPER</hi> </persName> was indicted
<rs id="t18441216-211-offence-1" type="offenceDescription">
<interp inst="t18441216-211-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18441216-211-offence-1" type="offenceSubcategory" value="theftFromPlace"/> for stealing, on the 2nd of Dec., 48 yards of silk, called satinet, value 6
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>., the goods of
<persName id="t18441216-name-155" type="victimName">
<interp inst="t18441216-name-155" type="gender" value="male"/>
<interp inst="t18441216-name-155" type="surname" value="HARWICK"/>
<interp inst="t18441216-name-155" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-211-offence-1 t18441216-name-155"/>William Hard wick</persName>, in his dwelling-house.</rs> </p>
<hi rend="smallCaps">MR. PAYNE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18441216-name-156" type="witnessName">
<interp inst="t18441216-name-156" type="gender" value="male"/>
<interp inst="t18441216-name-156" type="surname" value="LOVE"/>
<interp inst="t18441216-name-156" type="given" value="JOHN"/>JOHN LOVE</persName> </hi>. 1 am assistant to William Hardwick, a draper, of No. 325, Holborn. On Monday, the 2nd of Dec., about a quarter to eight o'clock in the evening, the prisoner came in with some patterns of silks to match—I was not able to match them—she purchased several small articles, which came to 6
<hi rend="italic">s</hi>. 4 1/2
<hi rend="italic">d</hi>.—there were several pieces of silk on the counter—one very nice piece was ticketed 2
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>., which she remarked was very cheap—I had occasion to leave her, I should think a dozen times, to get the different things she wanted, and on my return the last time, I saw that her hand seemed to shake, and she seemed rather anxious to get out of the shop—she gave me half-a-sovereign, and said she would be back in five minutes for her parcel and the change, and left the shop—as soon as she had left, I examined the silks on the counter, and missed a piece marked 2
<hi rend="italic">s</hi>. 9 1/2
<hi rend="italic">d</hi>. per yard, which was one of the pieces that bad been shown to her—I immediately went and mentioned it to Mr. Hardwick—the prisoner returned in about a quarter of an hour, and asked if her parcel was ready—I said it was—Mr. Robinson immediately asked her to step into the ware-house, he wanted to speak to her—she went in with him—I went in a few minutes after, and heard her denying that she had taken the silk—I after­ wards heard her say that it was in a pawnbroker's shop over the way, but that it was not taken by her.</p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> Did Mr. Hardwick tell her that if she told where it was be would not prosecute her?
<hi rend="italic">A.</hi> Not in my hearing—they had some private conversation before I went into the place—Mr. Hardwick is not here.</p>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> Had a constable at that time been called in?
<hi rend="italic">A.</hi> Yes—I went with the constable and the prisoner to the pawnbroker's on the opposite side of the way, No. 93—the policeman got the duplicate from the prisoner on the way to the shop—he presented the duplicate to the pawn­ broker, and said, "Has this been pledged here?"—the pawnbroker said, "Yes"—the prisoner immediately threw down four sovereigns—the pawn­ broker snapped at them—he produced the silk, which was the piece I had missed—it is satinet—there are forty-eight yards, and it is worth six guineas.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> Is satient entirely composed of silk, or is there silk and cotton in it?
<hi rend="italic">A.</hi> Some of the lower qualities are mixed with cotton—I do not know whether this is—it is commonly called satinet—Mr. Hardwick has no partner.</p>
<xptr type="pageFacsimile" doc="184412160026"/>
<hi rend="smallCaps">
<persName id="t18441216-name-157" type="witnessName">
<interp inst="t18441216-name-157" type="gender" value="male"/>
<interp inst="t18441216-name-157" type="surname" value="DRAPER"/>
<interp inst="t18441216-name-157" type="given" value="FREDERICK"/>FREDERICK DRAPER</persName> </hi> (
<hi rend="italic">police-constable F</hi> 25.) I was called into Mr. Hard
<lb/>wick's shop, and the prisoner was given into my custody for stealing a piece of satinet—I asked if she had got the piece of satinet—she said she had not—she denied all knowledge of it—I asked her if she knew where it was—she said she did—I asked where—she said it was pledged—I asked where—she said she would show me—I accompanied her with Love to Mr. Crockett's, at the corner of Dean-street—on our way, I asked her for the duplicate—she hesitated, but at last gave it me—on producing it to the pawnbroker, the satinet was produced, and the prisoner threw down four sovereigns on the counter, which was taken by the pawnbroker—I took her to the station—she was searched, and 2
<hi rend="italic">l</hi>. found on her.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-158" type="witnessName">
<interp inst="t18441216-name-158" type="gender" value="male"/>
<interp inst="t18441216-name-158" type="surname" value="DICKER"/>
<interp inst="t18441216-name-158" type="given" value="THOMAS"/>THOMAS DICKER</persName> </hi>. I am assistant to Mr. Crockett, a pawnbroker, in Holborn. This piece of satinet was pledged at our shop on the 2nd of Dec., about a quarter to eight o'clock in the evening, by the prisoner, for 4
<hi rend="italic">l</hi>., in the name of "Brown, No. 14, York-street, Pimlico "—I was present when it was given to the policeman—it was the same piece I had received from the prisoner.</p>
<p>(Jane Leplasterier, milliner and dressmaker, formerly of Ludgate-hill, deposed to the prisoner's former good character, but stated that for the last two years she had been connected with a man named Moore, which had led to the commission of the offence.)</p>
<hi rend="smallCaps">
<rs id="t18441216-211-verdict-1" type="verdictDescription">
<interp inst="t18441216-211-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18441216-211-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi> of
<hi rend="italic">stealing only</hi>. Aged 32.—
<rs id="t18441216-211-punishment-12" type="punishmentDescription">
<interp inst="t18441216-211-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18441216-211-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-211-18441216 t18441216-211-punishment-12"/>Confined One Year.</rs> (There was another indictment against the prisoner.)</p> </div1>
<div1 type="trialAccount" id="t18441216-212">
<interp inst="t18441216-212" type="uri" value="sessionsPapers/18441216"/>
<interp inst="t18441216-212" type="date" value="18441216"/>
<join result="criminalCharge" id="t18441216-212-charge-1" targOrder="Y" targets="def1-212-18441216 t18441216-212-offence-1 t18441216-212-verdict-1"/>
<persName id="def1-212-18441216" type="defendantName">
<interp inst="def1-212-18441216" type="gender" value="male"/>
<interp inst="def1-212-18441216" type="age" value="23"/>
<interp inst="def1-212-18441216" type="surname" value="BURGESS"/>
<interp inst="def1-212-18441216" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM BURGESS</hi> </persName> was indicted
<rs id="t18441216-212-offence-1" type="offenceDescription">
<interp inst="t18441216-212-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18441216-212-offence-1" type="offenceSubcategory" value="forgery"/> for feloniously uttering a forged transfer of a certain share and interest, viz., 6,305
<hi rend="italic">l</hi>.; 3
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>. in the 3 per Cent. Annuities, standing in the name of
<persName id="t18441216-name-160" type="victimName">
<interp inst="t18441216-name-160" type="gender" value="male"/>
<interp inst="t18441216-name-160" type="surname" value="OXENFORD"/>
<interp inst="t18441216-name-160" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-212-offence-1 t18441216-name-160"/>William Oxenford</persName>, with in­ tent to defraud the Governor and Company of the Bank of England: 2nd
<hi rend="smallCaps">COUNT</hi>, stating his intent to be to defraud
<persName id="t18441216-name-161" type="victimName">
<interp inst="t18441216-name-161" type="gender" value="male"/>
<interp inst="t18441216-name-161" type="surname" value="OXENFORD"/>
<interp inst="t18441216-name-161" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-212-offence-1 t18441216-name-161"/>William Oxenford</persName>: 3rd Count, with intent to defraud
<persName id="t18441216-name-162" type="victimName">
<interp inst="t18441216-name-162" type="gender" value="male"/>
<interp inst="t18441216-name-162" type="surname" value="STOREY"/>
<interp inst="t18441216-name-162" type="given" value="GEORGE SHUM"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-212-offence-1 t18441216-name-162"/>George Shum Storey</persName> and others.</rs> </p>
<hi rend="smallCaps">
<persName id="t18441216-name-163" type="witnessName">
<interp inst="t18441216-name-163" type="gender" value="male"/>
<interp inst="t18441216-name-163" type="surname" value="WORTLEY"/>
<interp inst="t18441216-name-163" type="given" value="STUART"/>THE HON. J. STUART WORTLEY</persName> </hi>
<hi rend="italic">with</hi>
<hi rend="smallCaps">MESSRS. ADOLPHUS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">CLARKSON</hi>,
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18441216-name-164" type="witnessName">
<interp inst="t18441216-name-164" type="gender" value="male"/>
<interp inst="t18441216-name-164" type="surname" value="SMEE"/>
<interp inst="t18441216-name-164" type="given" value="WILLIAM"/>WILLIAM SMEE</persName> </hi>, Esq. I am the chief accountant at the Bank of England. I produce a copy of the account of William Oxenford, taken from the Bank ledger, which is a public authentic book, kept at the Bank of England—I have examined it with the ledger, and it is a true copy.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> Is it your handwriting?
<hi rend="italic">A.</hi> It is not—I believe it is the writing of a clerk named Beaton—I compared it with the book, I think, the day before yesterday—I did it alone, look
<lb/>ing first at the paper and then at the book—Beaton was not assisting me in the comparison—I so carefully examined it that I can swear that it is accurate in every respect.</p>
<hi rend="italic">This account being referred to stated, that William Oxenford was pos
<lb/>sessed of the sum of </hi>9,800
<hi rend="italic">l</hi>.
<hi rend="italic">Three per Cents., and that</hi> 6,305
<hi rend="italic">l</hi>.; 3
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>.
<hi rend="italic">of the same had been transferred to G. S. Storey and others, and</hi> 1,894
<hi rend="italic">l</hi>.; 16
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>.
<hi rend="italic">to H. Mortimer.</hi>)</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> This means that Mr. Oxenford was entitled to those sums of stock?
<hi rend="italic">A.</hi> On the credit side you will find he is credited for 10,000
<hi rend="italic">l</hi>., and on the debit side, in the early part of April last, he was debited 200
<hi rend="italic">l</hi>., leaving a balance of 9,800
<hi rend="italic">l</hi>.—the two subsequent sums are the sums in question—this is from the ledger of the Consols.</p>
<xptr type="pageFacsimile" doc="184412160027"/>
<hi rend="smallCaps">MR. ADOLPHUS</hi>.
<hi rend="italic">Q.</hi> Was the prisoner employed in the bank in Sep
<lb/>tember last?
<hi rend="italic">A.</hi> He was—his duty was such as to give him access to all the ledgers in the Transfer-office; and were he to go to any particular ledger, no question would be asked him, conceiving it was his duty to do so—he was employed in the Power of Attorney office—he would know the whole course of business, and could furnish himself with whatever par
<lb/>ticulars he wanted.</p>
<hi rend="italic">Q.</hi> Did he at any time apply to you for leave of absence?
<hi rend="italic">A.</hi> He did—I am not certain whether it was on Saturday, the 31st of Aug., or Mon
<lb/>day, the 2nd of Sept.—the probability is that it was on Monday, the 2nd of Sept.—he asked leave from the 3rd of Sept. to the 5th, which he had given him—he did not return at the end of his leave.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> How long you have been in the employment of the bank?
<hi rend="italic">A.</hi> Forty-three years—the Three per Cent. Consol office is a separate room to the Power of Attorney office, in which the prisoner's business was performed—it is not in a separate part of the building, it is contiguous—it may he said to be a separate office, though intimately connected with the Transfer-office—he had a duty to perform in the Consol-officein going to put limitations on Power of Attorney, and for various other inquiries that he clerks in the office may call on him for.</p>
<hi rend="smallCaps">MR. ADOLPHUS</hi>.
<hi rend="italic">Q.</hi> Do you mean that these offices are separate build
<lb/>ings, or only separate rooms?
<hi rend="italic">A.</hi> Merely separate rooms—there is a door separating the Transfer-office from the Power of Attorney office, just as you go from a front to a back parlour—you merely walk from one room into the other—he hade access to the Consol books in every way whatever.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> His duty was with reference to powers of attorney gene
<lb/>rally for every species of stock, I suppose?
<hi rend="italic">A.</hi> Yes—in order to enable him to perform his duty with reference to the preparations of proper power of attorney, he would have access to the books, showing the different state of accounts, as well as the Consols—he would go into the Consol-office, take up the ledger, and open it, and no question would be asked, the clerks considering it part and parcel of his duty—if he was instructed to prepare a power of attorney for 1000
<hi rend="italic">l</hi>. for A. B., part of a sum of 2000
<hi rend="italic">l</hi>., he would have authority to examine the books, in order to see if A. B. was entitled to such a sum.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-165" type="witnessName">
<interp inst="t18441216-name-165" type="gender" value="male"/>
<interp inst="t18441216-name-165" type="surname" value="OXENFORD"/>
<interp inst="t18441216-name-165" type="given" value="WILLIAM"/>WILLIAM OXENFORD</persName> </hi> I live in John-street, Bedford-row—I was for
<lb/>merly in the Custom-house for many years. In September last I had a sum of 9,800
<hi rend="italic">l</hi>. in the Consols—I never transferred, or consented to the transfer of any part of that money—I never signed any paper or power what ever to any person to do so—I never saw the prisoner in my life till I saw him at the Mansion-house—I never knew a person named Joseph Elder—this signature of "William Oxenford" in this transfer-book (
<hi rend="italic">look
<lb/>ing at it</hi>) is not my writing—I can see, with out my spectales, that it is a forgery—I never empowered anybody to write that for me.</p>
<hi rend="italic">Cross-examined. Q.</hi> Had you accepted this stock?
<hi rend="italic">A.</hi> I do not know—I may have done such a thing—I left it to my broker, who is a most respectable man—I have always been in the habit of receiving my divi
<lb/>dends personally—the Bank books would have a great many signatures in my handwriting.</p>
<hi rend="smallCaps">MR. ADOLPHUS</hi>.
<hi rend="italic">Q.</hi> There are two transfer-books signed "William Oxenford," are there not?
<hi rend="italic">A.</hi> Yes—neither of them are my writing.</p>
<xptr type="pageFacsimile" doc="184412160028"/>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">MR. SMEE</hi>.
<hi rend="italic">Q.</hi> Is it a very common thing for persons to have stock transferred to them without accepting it?
<hi rend="italic">A.</hi> Exceedingly common—I should think nine persons out of ten do not accept.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-166" type="witnessName">
<interp inst="t18441216-name-166" type="gender" value="male"/>
<interp inst="t18441216-name-166" type="surname" value="BORD"/>
<interp inst="t18441216-name-166" type="given" value="RICHARD"/>RICHARD BORD</persName> </hi>. I am a clerk in the Consol-office in the Bank, on the 3rd of Sept. I received from Mr. Sutton, a clerk in the same office, two tickets—(
<hi rend="italic">looking at them</hi>)—these are them—I received them from him for the purpose of effecting a transfer—they are usually deposited in a box, and we take them out as we are going on entering—these came into my possession from Mr. Sutton—he was somewhere about the Transfer
<lb/>office passing over tickets—I saw the prisoner in the Transfer-office at that time—I am uncertain whether I received the tickets from the hand of Mr. Sutton, or whether I may have taken them from the box, but they came direct from him—I received them in the Transfer-office—I am employed in the Transfer-office—the prisoner was not in the office at that time—he made his appearance a few minutes afterwards—I happened to have the number of tickets in my hand when he came up—there were several other clerks assisting there, and he came up and inquired who entered stock for the name of Oxenford—I replied that I did—I had these tickets then in my hand—he then asked me if I would oblige him by entering them directly, as Mr. Oxenford was waiting—I therefore proceeded to enter them in the Transfer-book—whilst he was waiting I asked him if he knew Mr. Oxenford, having known the name many years ago, before I was in the Bank—he replied that he did—he was an old friend of his—I said, "He must be getting an old man now"—he said he was—when I had completed it I said, "Where is Mr. Oxenford?"—he said he was outside minding the horse—that he (meaning himself) had got an early off that day, and they were going down to Gravesend together—I supposed by that that he had done his business for the day, and had leave to go away early—he then went out to fetch Mr. Oxenford, and shortly returned with a gentleman, and asked me for the book—he then asked, "What gentleman will see it?"—it is the custom that one clerk should witness the transfer, and that another person, in attendance with the party transferring, should witness his identity—it must be some person known to the Bank—the prisoner took the book and took it to Mr. Ingall, another clerk, who was close by, sitting in the same office—at the same time I heard him say to the person who had come into the office, "Come along,
<hi rend="italic">Willey</hi>," or some such expression as that, "it is all ready"—I saw him and the other person come up together—I did not myself witness the act of the transfer of this stock—I did not see the signature—I after wards accompanied John Forrester, the officer, to the United States—we left London on the 18th of Sept.—we ultimately went to Boston, and found Elder in Federal-street, No. 51 (we had been to a variety of other places first)—it was on a Thursday, about the end of Oct.—he was passing by the name of Ellis—I recognised him as the man who had come into the Bank with the prisoner, after his going out to fetch Oxenford, who he said was minding the horse—I told Forrester that he was the man—Forrester took him by the coat and said, "Your name is Joseph Elder, and you are lately from London"—he was afterwards committed to prison, and I heard afterwards that he had destroyed himself—I went with Forrester to Nahant where the prisoner escaped from, but did not go up to Brewster's Island.</p>
<xptr type="pageFacsimile" doc="184412160029"/>
<hi rend="italic">Cross-examined. Q.</hi> You were not examined before the Magistrate at all, I believe?
<hi rend="italic">A.</hi> No.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-167" type="witnessName">
<interp inst="t18441216-name-167" type="gender" value="male"/>
<interp inst="t18441216-name-167" type="surname" value="SUTTON"/>
<interp inst="t18441216-name-167" type="given" value="JAMES"/>JAMES SUTTON</persName> </hi>. I am a clerk in the Consol-office. I compared these two transfer tickets with the account of William Oxenford, and afterwards delivered them to Mr. Bord to enter in the transfer, in the Bank books—that means filling up the printed forms for the purpose of transferring the Stock, according to the tickets taken from the box.</p>
<hi rend="italic">Cross-examined. Q.</hi> You were not examined before the Magistrate?
<hi rend="italic">A.</hi> No.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-168" type="witnessName">
<interp inst="t18441216-name-168" type="gender" value="male"/>
<interp inst="t18441216-name-168" type="surname" value="INGALL"/>
<interp inst="t18441216-name-168" type="given" value="THOMAS"/>THOMAS INGALL</persName> </hi>. I am a clerk in the Consol-office. I was in the Consol Transfer-office on Tuesday, the 3rd of Sept., and remember seeing the prisoner there—when I first saw him he was a few feet from me, on the public side of the counter—there was a person with him—I knew the prisoner well, but not the other person—the prisoner called my attention by saying, "Perhaps, Mr. Ingall, you will see this?* (meaning, that I would perhaps witness the transfers)—he bad the transfer receipts in his hand—the book was on the counter—I took the receipts from him—I have no recollection of answering him—the person he had brought with him then signed these transfers "William Oxenford"—my place at the counter was about six or seven feet from where Mr. Bord stood.</p>
<hi rend="italic">Q.</hi> How was the book transferred from Mr. Bord to you?
<hi rend="italic">A.</hi> So far as I recollect, the prisoner merely brought the book a little nearer to me, but did not come immediately opposite to me—he brought the book from Mr. Bord, and I think he brought it forward, and placed it in the position in which it was signed by Elder—the prisoner, in the meantime, or immedi­ ately after, read to me the amount transferred, from this book, and the names into which the amount was going, and I checked him on the stock receipt or tickets which I had in my hand at the time—these are the tickets that I had in my hand at the time—my signatures are to them—the amount transferred is, (
<hi rend="italic">reading</hi>,) "6305
<hi rend="italic">l</hi>.; 3
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>., to George Shum Storey, John Petty Musprat, William Cotton, and Matthew Whiting"—I found that cor­ responded with one of the receipts I had in my hand—nothing had passed between me and the prisoner, before this, as to who the person was that he brought—after the person had signed the transfer, the prisoner wrote in "William Oxenford," and his own name at the back, as the witness to the identity of William Oxenford, the person making the transfer—this is it—"Witness to the identity of W. Oxenford, W. Burgess, Bank"—the words "Witness to the identity" are in print; the name "W. Oxenford" was written in ink by the prisoner, and then he signed his own-name, describ­ ing himself as of the Bank—when he had signed his name, the book was turned round by the prisoner to me, to examine the transfer, to see that it had the signature of William Oxenford, that he was properly identified, and that the witness to the identity was named there—I signed it as the attesting witness—I then handed the prisoner the receipts, of which this is one, and he walked away—I had previously signed my name to it—I do not recollect whether the receipt was signed before it was placed in my hand, nor do I recollect seeing Elder sign it—it was signed as it now ap­ pears when it was in my hand, with the exception of my own signature—I put my signature to it at the time the prisoner read the amount from the transfer-book, and I checked it on the receipt—that receipt was handed by me to the prisoner—it had been signed by Elder, in the name of Oxen
<xptr type="pageFacsimile" doc="184412160030"/>
<p>before it was put into my hand—I do not recollect seeing it signed by Elder—Elder went out with the prisoner.</p>
<hi rend="italic">Cross-examined. Q.</hi> I understand you to say that you do not remem
<lb/>ber seeing this receipt signed by anybody?
<hi rend="italic">A.</hi> I do not—I have wit
<lb/>nessed the signature of the party—it is constantly the case that receipts are brought and not signed in our presence—it is frequently the practice for brokers to come with persons who are about to transfer, with the receipts already signed at their office—they acknowledge it as their receipts, of course—this was passed over to me, and I assumed it to be right, and put my name to it as the witness—I was not noticing this transaction from the time the application was made to Mr. Bord—Mr. Bord was about six or seven feet from me—he was not the very next person attending to business; there was one between us at the counter at the time, Mr. Tom
<lb/>kins—these books lie on the counter in the office, and are pushed along from one to the other as they are required—the book would be presented towards the public side of the counter for the transfer to be executed—I have a very considerable number of these transactions in the course of a day, at times—I do not generally keep hold of a corner of the book while the party is signing, and then draw it back to its right position opposite myself—I have very rarely held the book while a party is signing it—as soon as it is signed, I quite as often draw it back as the party pushes it back—I certainly do not watch the party, to see, more than is necessary for the transaction of the particular business—the book is either draws back by ourselves, or returned by the broker.</p>
<hi rend="italic">Q.</hi> At this distance of time I suppose you cannot say in which way this particular transaction was done?
<hi rend="italic">A.</hi> As far as my recollection serves me, Burgess turned the book round—I think I can be positive of it—to the best of my recollection he did so—I will swear positively that he did so—there was nothing remarkable in this transaction to call my attention to it—I cannot tell how many transfers took place in our office that day, because I am not engaged in the whole of them—I cannot tell how many I was engaged in—I should imagine there must have been a good many after this on that day, because it was a heavy day with us—it is impos­ sible to say whether the transfers appear in the book in the order in which they were-made in the office, except with regard to these two—I do not find one just before or after it in which I have been the attesting witness—whatever 1 attend to I put my name to—I do not see any other in this book that day which I put my name to—I see no other in this book except these two transfers of William Oxenford—there appears to have been six other transfers that day—it does not appear by these entries that I witnessed any except those of Oxenford—there are other books in which I probably witnessed on that day—without looking at the books I cannot say whether I did or not, but the probability is that I did—I do not positively remember—to the best of my belief I should say I did.</p>
<hi rend="italic">Q.</hi> Can you remember, in any one instance that occurred that day, whether the party coming pushed the book to you, or you drew it back, with the single exception of this transaction?
<hi rend="italic">A.</hi> I cannot, nor on the day before, nor the day after.</p>
<hi rend="italic">Q.</hi> Will you explain, then, what there was peculiar about this transac­ tion to enable you to swear with any degree of positiveness as to how the book was treated on the occasion of this particular transfer?
<hi rend="italic">A.</hi> The thing came to light in a few days after; and I endeavoured, as well as I</p>
<xptr type="pageFacsimile" doc="184412160031"/>
<p>possibly could, to bring to my mind all the circumstances that had taken place—I was examined before the Magistrate.</p>
<hi rend="italic">Q.</hi> Is this the first time you have stated that fact of the prisoner's pushing the book?
<hi rend="italic">A.</hi> I do not recollect whether I was asked the ques­ tion before—I cannot positively recollect whether this is the first time I have stated that the book was handed or pushed to me by the prisoner—I think it is.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-169" type="witnessName">
<interp inst="t18441216-name-169" type="gender" value="male"/>
<interp inst="t18441216-name-169" type="surname" value="WORTHLEY"/>
<interp inst="t18441216-name-169" type="given" value="STUART"/>HON. STUART WORTHLEY</persName> </hi>.
<hi rend="italic">Q.</hi> Is the attesting witness to the identity generally the broker?
<hi rend="italic">A.</hi> Yes; I have frequently seen a clerk of the Bank an identifying witness—I knew the prisoner's person, but had no acquaintance with him beyond knowing him in the establishment—I think my attention was called to this transaction on the Monday after, the 3rd of Sept—the facts were fresh in my recollection at that time.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-170" type="witnessName">
<interp inst="t18441216-name-170" type="gender" value="male"/>
<interp inst="t18441216-name-170" type="surname" value="TOKELEY"/>
<interp inst="t18441216-name-170" type="given" value="THOMAS"/>THOMAS TOKELEY</persName> </hi>. I am a stock-jobber, and have been so for nearly forty years. I know the prisoner, by his entering my tickets in the Three and a Half Reduced—I know nothing more of him than as a Bank clerk—he called on me when I was standing in the Bank, at the latter part of Aug., and said that he had a friend who wanted to raise 8000
<hi rend="italic">l</hi>., and he had 8200
<hi rend="italic">l</hi>., stock—I do not think a word passed beyond that—I had no further conversation with him at that time—he left me immediately—on Tuesday, the 3rd of Sept., I saw him in the street, at the foot of the Bank steps—he brought me a ticket, filled up in the regular way, for the purpose of the sale of 8200
<hi rend="italic">l</hi>. stock—it was a ticket of this sort, the ordinary transfer ticket that is used at the Bank—I did not notice what name it was in—I noticed the amount in figures—I immediately passed it to Clement Smith, who is a stock-jobber, and we agreed as to the purchase, at, I think, at 98 7-8ths, the price of the day—I calculated the amount that would be in money—it was 8107
<hi rend="italic">l</hi>.; 15
<hi rend="italic">s</hi>.—I afterwards received from Mr. Smith, in the course of the day, two receipts—this is one of them—it was not then signed—I gave them to the prisoner, to go into the Consol-office, to make the transfer—I believe at the time I gave him the receipts I was standing at the bottom of the Bank steps, in Bartholomew-lane—there was a crowd of persons about there—I do not know that any party was in his company—he took the receipts from me—when he came back from the Transfer-office he brought me the same two receipts—I was then standing on the Bank steps—they were then regularly signed and witnessed by the clerk—I believe at that time he had a friend with him, but I never spoke to him—I saw a person with him—nothing passed—the prisoner gave me the receipts, and I passed them to Henry Smith, the son of Clement Smith, to go and fetch me the money—the prisoner told me he would wait at the Auction-mart Coffee­ house for the money—I afterwards received this check (looking at it) for 8,000
<hi rend="italic">l</hi>.; from Clement Smith, also a 100
<hi rend="italic">l</hi>.; note, a 5
<hi rend="italic">l</hi>.; note, and 2
<hi rend="italic">l</hi>.; 15
<hi rend="italic">s</hi>. in cash—I took them to the Auction-mart Coffee-room—I there found the prisoner sitting down with the same man that was with him when he brought me the receipts—I put the money on the table before them—his friend took up the 8,000
<hi rend="italic">l</hi>. check, and the prisoner took the cash and the Bank notes—he never told me who the other person was—I had no con
<lb/>versation with him whatever.</p>
<hi rend="italic">Cross-examined. Q.</hi> As far as anything appeared to you, it seemed a regular transaction?
<hi rend="italic">A.</hi> I had no reason to doubt it at the time—there was nothing unusual in it, or in the mode of conducting it—I had no reason to suppose there was anything unusual at the time.</p>
<xptr type="pageFacsimile" doc="184412160032"/>
<hi rend="smallCaps">
<persName id="t18441216-name-171" type="witnessName">
<interp inst="t18441216-name-171" type="gender" value="male"/>
<interp inst="t18441216-name-171" type="surname" value="SMITH"/>
<interp inst="t18441216-name-171" type="given" value="CLEMENT"/>CLEMENT SMITH</persName> </hi>. I am a stock-broker and jobber. Mr. Tokeley ap
<lb/>plied to me, on the 3rd of Sept., to purchase of him 8200
<hi rend="italic">l</hi>. stock, Three per Cent. Consols—I was to give 8107
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. of it—the transfer ticket was made, and the thing done all regularly—the name of William Oxenford was on the ticket, as the party making the transfer, and he was described as of the custom-house—I had not the money at that moment, and applied to Mr. Mortimer—I had one ticket given to me in the first instance by Mr. Tokeley for 8200
<hi rend="italic">l</hi>.—Mr. Mortimer afterwards gave me one sum of 6305
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>., and the balance was to go in his own name, and my clerk, by my instructions, wrote these tickets—I made it into two sums, one of 6305
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>., to George Shum Storey, John Petty Muspratt, William Cotton, and Matthew Whiting, all of the Pelican-office, Lombard-Street, and the balance 1894
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>. in Mr. Mortimer's Own name—I do not Know what became of the original transfer ticket for the 8200
<hi rend="italic">l</hi>.—we had no occasion to keep it, and it must have been destroyed—I cannot say that I did destroy it—I have looked for it—it has given me a deal of trouble—it is not a document that I am in the habit of keeping—I know the pri
<lb/>soner—I went to the power of Attorney-office to inquire if he was there on Tuesday morning, the 3rd of sept., after Mr. Tokeley had spoken to me about the business—I should think it was about a quarter to elevan o'clock—I heard he was not there, and was not likely to be there—this is the check by which the purchase of the stock was made—gave it to Mr. Tokeley, and afterwards gave him a 100
<hi rend="italic">l</hi>. note, a 5
<hi rend="italic">l</hi>. note, and 2
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. in cash, the balance of the money.</p>
<p>Charles Chatham Lawrence. I am one of the cashiers at the banking-house of Sir John Lubbock and Co. On Tuesday, the 3rd of Sept. last, about twenty minutes before two o'clock, this check for 8000
<hi rend="italic">l</hi>. was brought to me by two persons; the prisoner was one, the other was a person of about forty-five or fifty years of age—the prisoner had a carpet
<lb/>bag, on which he was leaning on the counter—it appeared to me to be empty—we always ask the name of parties presenting checks—I did so on this occasion, and the name of "Oxenford" was given—it was the pri
<lb/>soner's companion who presented the check to me, and who gave that name—I asked how he would like it, and he replied, "Part or all in gold "—I said, "If you want part or all in gold, you had better have large notes, and get the whole of it at the Bank of England"—I eventually gave them eight notes of 1000
<hi rend="italic">l</hi>. each—I put them into the hands of the person who accompanied the prisoner, in his presence—these eight cancelled notes are the notes I paid on that occasion—(these were Nos. 22201, to No. 22208, all dated 13th May, 1844)—the prisoner's companion counted over the notes in his presence, and before he left the counter, I saw him write something in the corner of the notes, in the prisoner's presence—I did not see what he wrote—to the best of my recollection, it was his companion who counted the notes and wrote in the corner of them—(looking at a carpet-bag produced)—the bag on which I saw the prisoner leaning was such a one as this; that was the prevailing colour and pattern of the bag—I do not speak to its identity, but it was that sort of colour and pattern—the prisoner's companion was a man I should judge about my own height, about 5ft. 9in.; but being on the other side of the counter, I could not exactly judge of his height; he had a ruddy complexion, and was a well-looking man—I did not observe particularly whether he was stout or thin.</p>
<xptr type="pageFacsimile" doc="184412160033"/>
<hi rend="smallCaps">
<persName id="t18441216-name-172" type="witnessName">
<interp inst="t18441216-name-172" type="gender" value="male"/>
<interp inst="t18441216-name-172" type="surname" value="HIGMAN"/>
<interp inst="t18441216-name-172" type="given" value="WILLIAM"/>WILLIAM HIGMAN</persName> </hi>. I am one of the superintendents of the issue de
<lb/>partment of the Bank. On the 3rd of Sept. last, about two o'clock in the afternoon, a man presented eight 1000
<hi rend="italic">l</hi>. notes at my counter for cash—it is necessary, according to the practice of the Bank, to have the name and address of the party presenting notes for payment—when these notes were handed to me, there was some writing in the comer which I could not decipher, and I asked the party presenting them his name—he said, "Oxenford"—I observed that there was only "Brixton" put as the ad
<lb/>dress—in consequence of that I put a question to him, gave him the pen, and requested him to write—he wrote "Vassal-road" on them—after be
<lb/>ing inspected by the inspectors, they were handed to Mr. Ager, one of the tellers—I gave him the order for the gold, and Mr. Ager got it—I saw Dean, the porter, bring 10,000
<hi rend="italic">l</hi>. into the office, in bags of 1000
<hi rend="italic">l</hi>. each—I did not see the bags given to the party, as my duty took me to another part of the office—I afterwards saw the man emptying the gold from our 1000
<hi rend="italic">l</hi>. bags into two canvas bags, which he put into a large carpet-bag that he had in his hand—it was such a bag as the one produced, about that sixe and description—I cannot say that I saw him attempt to lift it—I after wards saw Aston and Dean, two Bank porters, each with a bag on his shoulders, go out of the hall—they were the two canvas bags that the man had brought with him—I did not see him put the two canvas bags into the carpet-bag—I saw him with the two canvas bags—I have heard Mr. Lawrence's description of the party who presented the notes to me—it is quite correct—he was a stout ruddy man, about forty-five yean of age—I can speak to the first of these notes (
<hi rend="italic">looking at it</hi>) being one that I cashed on that occasion—I saw him put "Vassal-road" on it.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-173" type="witnessName">
<interp inst="t18441216-name-173" type="gender" value="male"/>
<interp inst="t18441216-name-173" type="surname" value="AGER"/>
<interp inst="t18441216-name-173" type="given" value="THOMAS"/>THOMAS AGER</persName> </hi>. I am teller in the Issue Department of the Bank. On the 3rd of Sept., between one and two o'clock, I received directions from Higman to get some gold—it was near two o'clock—I accordingly got 10,000
<hi rend="italic">l</hi>. in gold—I assisted Dean, the porter—it was in separate bags of 1,000
<hi rend="italic">l</hi>. each—I brought them from the Treasury, and desired Dean to give the person I believe to be Elder, eight of the bags—I saw eight bags put on the counter, and saw a person there who, I believe, had presented the notes—that person took them away—he had a carpet-bag, and two canvas bags—the canvas bags were on the counter—the carpet-bag answered the description of the one produced—he put them into the canvas-bags, and then into the carpet-bag, but both the canvas bags were taken out and carried away by two porters—I delivered the gold in the Issue Department, which is in the hall—there is a passage through the hall—on crossing the hall you get to the out-teller's office—between the hall and the out-teller's office there is a passage which is darker than the rest of the Bank—the drawing produced (
<hi rend="italic">looking at it</hi>) is a correct plan of that part—I should think that a person standing where this blue mark is, could see me place the gold on the counter—this pink mark is where 1 was standing—a person standing at the blue spot could see me pay the money, and if he was familiar with the Bank, he could leave the building without passing through the hall.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-174" type="witnessName">
<interp inst="t18441216-name-174" type="gender" value="male"/>
<interp inst="t18441216-name-174" type="surname" value="GIBBINS"/>
<interp inst="t18441216-name-174" type="given" value="MATTHEW"/>MATTHEW GIBBINS</persName> </hi>. I am a bookseller and stationer, and deal in patent blacking. On the 3rd of Sept. I had occasion to go to see a gentleman at the Bank, on business—I had passed through the hall—when I got to the out-teller's office, it wanted four minutes to two o'clock—I observed that by the clock, as I had made an appointment to be there at two—I passed through the passage which runs outside the out-teller's office, and saw a</p>
<xptr type="pageFacsimile" doc="184412160034"/>
<p>person there who was always represented to me as Mr. Burgess—I believe it to be the prisoner—he was standing, looking towards the hall—I have seen this plan—he was standing at this blue spot, or perhaps within afoot or two of it—he was on the right hand side of the passage—I have been to this place since, and looked towards the hall, and found a person might see what passed at the part marked pink, which is the second desk—the hall is very light, but this passage is darker—I said to him, "How do you do, Sir," and believe I said, "Burgess," but he did not answer—I left him there.</p>
<hi rend="italic">Cross-examined. Q.</hi> You were not examined before the Magistrate?
<hi rend="italic">A.</hi> No.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-175" type="witnessName">
<interp inst="t18441216-name-175" type="gender" value="male"/>
<interp inst="t18441216-name-175" type="surname" value="EDE"/>
<interp inst="t18441216-name-175" type="given" value="WILLIAM BEST"/>WILLIAM BEST EDE</persName> </hi>. I am a clerk in the Sorting Department it the Bank. On the 3rd of Sept. 1 received from the witness eight 1000
<hi rend="italic">l</hi>. bank
<lb/>notes, and signed my name for they—they were Nos. 22201 to 22208 inclusive.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-176" type="witnessName">
<interp inst="t18441216-name-176" type="gender" value="male"/>
<interp inst="t18441216-name-176" type="surname" value="DEAN"/>
<interp inst="t18441216-name-176" type="given" value="LEONARD"/>LEONARD DEAN</persName> </hi>. I am porter at the Bank, and remember this occur
<lb/>rence on the 3rd of Sept., when 10,000 sovereigns were brought into the teller's office—I laid eight bags of 1000 each on the counter myself for the gentleman to receive—he emptied those eight bags into two larger bags which he brought with him, and put those two larger bags into a carpet-bag—I was afterwards called in with Aston, and assisted him in carrying the bags to the outside the Bank—there was a dark green open carriage, like a phaeton, outside the Bank, drawn by one horse—I put the bag into the bottom of the carriage—I had a very slight knowledge of the prisoner—there was a driver on the box of the carriage—I did not notice him sufficiently to say whether it was the prisoner—the carpet-bag was like the one produced,</p>
<hi rend="smallCaps">
<persName id="t18441216-name-177" type="witnessName">
<interp inst="t18441216-name-177" type="gender" value="male"/>
<interp inst="t18441216-name-177" type="surname" value="RAY"/>
<interp inst="t18441216-name-177" type="given" value="JOHN"/>JOHN RAY</persName> </hi>. I am a clerk in the Power of Attorney-office, and know the prisoner. On Tuesday, the 3rd of Sept., I saw him in the middle of the day—I cannot tell the hour, but I met him in a phaeton, near Birchin-lane—it was a one-horse carriage, and the prisoner was driving—it was a dark-green coloured carriage—he was turning out of Cornhill into Birchin-lane—there was a person in the carriage, older than the prisoner, about forty-five years of age, of a ruddy complexion, and stout—I did not know Elder—they went down Birchin-lane, away from the Bank, towards the river.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-178" type="witnessName">
<interp inst="t18441216-name-178" type="gender" value="female"/>
<interp inst="t18441216-name-178" type="surname" value="COHEN"/>
<interp inst="t18441216-name-178" type="given" value="SOPHIA"/>SOPHIA COHEN</persName> </hi>. I am married, and live with my father, Mr. Soloman, in Vinegar-yard—he keeps a general dealer's shop. On Monday, the 2nd of Sept., I remember the prisoner coming to our shop—I was present—my brother, who is since dead, served him—he asked for a portmanteau—there was one at the time standing at the door—he asked to see it down, and when it was shown to him he asked to have it blackened over—my brother undertook to have it done—he asked if he could have three bags made to fit the bottom of it—they were to be made very strong indeed, and of brown holland—he said they were to be sent to Mr. Caunt's public-house, at the corner of St. Martin's-lane, the Coach and Horses—my brother asked for a deposit—I did not hear what the prisoner said in reply—it was after that he said it was to be sent to Caunt's, and Caunt would pay for it—the portmanteau was blackened—I think it was about three o'clock, and it was sent home between four and five, the same evening—(
<hi rend="italic">looking at a portmanteau</hi>)—I believe this to be the same—it has got white edges inside, as the outside was blackened—it had been white—this is the same portmanteau.</p>
<xptr type="pageFacsimile" doc="184412160035"/>
<hi rend="smallCaps">
<persName id="t18441216-name-179" type="witnessName">
<interp inst="t18441216-name-179" type="gender" value="male"/>
<interp inst="t18441216-name-179" type="surname" value="PASTILL"/>
<interp inst="t18441216-name-179" type="given" value="THOMAS"/>THOMAS PASTILL</persName> </hi>. I am a boot and shoemaker, and live in George-street, Portman-square. I knew a person named Joseph Elder for three or four years—I did not know his business—I believe he was a dealer in horses—I know the prisoner—I first became acquainted with him about the same time as Elder—they went to the same house as I was in the habit of using—I first met the prisoner at Mr. Warren's, the George Townsend public-house, Oxford-street—Elder, I believe, lodged there—I knew but little of the prisoner till September, 1843, when I met him at Margate—he was then in company with Elder—I had seen him previously at the George Townsend in company with Elder—about three or four months after I came from Margate, Elder and the prisoner called at my house one evening—Elder asked if I knew any one who could accommodate the pri­ soner with board and lodging, or if I could myself—I said I did not know any one, and had not room myself, but if I had a vacancy I would let him know—in July last I had a vacancy, and left a letter at hit lodg
<lb/>ings—he afterwards came to lodge at my house in July—I had seen him and Elder together at other places after they applied about the lodg­ ing—after the prisoner came to lodge at my house, Elder called to see him several times—I remember Sunday the 1st of Sept.—I saw Elder there about a quarter to one o'clock in the day—the prisoner and Elder were sitting just within my shop door—as soon as I opened my parlour door, and went into the parlour from the passage, they rose up and said, "Let us go up stairs"—the shop door was open, and they were sitting in the shop—it is a back shop door, leadsing into the parlour—Burgess's lodging was up stairs—they remained up stairs about a quarter of an hour or twenty minutes—I rung the bell for Burgess to come down to dinner—he knew what the bell meant—they both came down together—Elder was going away—I asked him to stop dinner, which he did—after dinner I laid down on the sofa, and while lying there I heard the prisoner mention the word "power of attorney"—Elder said, "How is it to be done?"—Burgess replied, "It is like placing two boxes on this table, take it out of one, you put it into the other"—there was then some conversation which I did not hear—the next I heard was Elder say, "Is it to be Tuesday or Wednesday?"—Burgess replied, "I do not know, I will tell you to-morrow"—Elder then said to Burgess, "What clothes do you mean to travel in, for I have got no great coat?"—Burgess replied, "No more have I"—Elder said, "I shall wear my loose one" (I had seen him wear a loose coat)—Burgess replied, "I shall wear this over my black one"—he had a loose coat on at the time, a kind of wrapper, which he used to wear—I went out at about half-past three o'clock in the afternoon, and left Elder there—while I knew him he went by the name of Joseph Elder—the prisoner knew him by that name—I returned to my house about ten o'clock at night, and found the prisoner there, but did not see Elder—on the Monday, Elder was at my house three times—he called a fourth time, but I did not see him then—he called first about twelve in the day for a bird that Burgess had, but did not take it then—Burgess was not there—he came a second time for the bird, und took it away—he came a third time, in about ten minutes—he had left his umbrella, and returned for it—I saw him and Burgess together that day at the George Townsend in Oxford-street, about ten o'clock at night—I did not hear anything pass between them—Burgess was sitting by my side—Elder</p>
<xptr type="pageFacsimile" doc="184412160036"/>
<p>came to the door and beckoned him out—he went out, they returned in about twenty minutes together, and remained together about an hour—Burgess left with me and went home—I did not see Elder the next day—while the prisoner lived with me I had some money to put in the funds, and got him to bring me home the price of stock—he once told me he had 2000
<hi rend="italic">l</hi>. in the Bank—he borrowed 2
<hi rend="italic">l</hi>. of me about a week after he came to lodge with me, and on the 2nd of Sept. he borrowed a sovereign—he went out in the morning of the 3rd of Sept.—he was gone out when I came down stairs—I saw him again a little before nine o'clock—I had been out, and found him in the parlour at breakfast—he went out about half-past nine or ten o'clock, and came in again about half-past three o'clock in the afternoon—he then had a coat on similar to the one he has now, and a blue handkerchief round his neck—he walked to my house—I saw no carriage whatever, but when he went out in the morning he had a driving
<lb/>whip in his hand—when he came in the afternoon he paid me 7
<hi rend="italic">l</hi>. in gold, which he owed me—they appeared new sovereigns—he left between half-past three and half-past four o'clock, I believe—I never saw him again till he was at the Mansion-house—when he left my house, he said he should be back that night, he should not be late—he had three sove
<lb/>reigns in his hand—he showed them to me, and said, "This is all I have got, 1 shall not be late."</p>
<hi rend="italic">Q.</hi> He said once that he had 2000
<hi rend="italic">l</hi>.?
<hi rend="italic">A.</hi> Yes; that was when I asked him the price of stock—I think it was in Aug.—he said he was going to sell out some money—that was on Sunday, the 1st of Sept., when I came home—he said he had no money, and should get some next week, that his friend George was going to sell out, and he would let him have some—I should say Elder was about fifty years of age, about five feet six inches, rather stout, with rather grey hair and whiskers.</p>
<hi rend="italic">Cross-examined. Q.</hi> You were not examined before the Magistrate?
<hi rend="italic">A.</hi> No—I first heard of this forgery on Monday, the 9th of Sept.—I com
<lb/>municated this to Forrester that afternoon—I was before the Lord Mayor, but not examined.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-180" type="witnessName">
<interp inst="t18441216-name-180" type="gender" value="male"/>
<interp inst="t18441216-name-180" type="surname" value="WILKINSON"/>
<interp inst="t18441216-name-180" type="given" value="JAMES"/>JAMES WILKINSON</persName> </hi>. I am a stable-keeper at Portman-mews, Portman street, Portman-square—I let out carriages. On Monday, the 2nd of Sept., between seven and eight o'clock in the evening I think, the prisoner applied to me for a horse and phaeton, or a cart, or anything I could let him have, as he wanted to do a little business in the City—I had seen him about there before—he mentioned a fishmonger in George-street, who came with him as knowing him—I had not known him long—he had a gig of me some time before that—he went away in the morning by himself, in the phaetorn—I saw Elder at the corner of the street at the time—I had known Elder some time—he had recommended me to Elder for a character when he hired the gig.—Elder was between forty and fifty, rather nearer forty—Burgess started in the phaeton by himself; but when he got to the top of the mews, Elder walked towards him in Portman-street—he walked across the square to him—I did not see him get into the phaeton—he apparently got into it; but I could not see so well, as I was round the corner; but Burgess turned round towards where Elder was, and pulled up, as if for him to get in—he said he was going to do a little business in the City, and bring something in the phaeton—he wanted something with plenty of room in it, something strong—that he should be some hours absent—the phaeton came back, but I was not present.</p>
<xptr type="pageFacsimile" doc="184412160037"/>
<hi rend="smallCaps">
<persName id="t18441216-name-181" type="witnessName">
<interp inst="t18441216-name-181" type="gender" value="male"/>
<interp inst="t18441216-name-181" type="surname" value="WARREN"/>
<interp inst="t18441216-name-181" type="given" value="JOHN"/>JOHN WARREN</persName> </hi>. I keep the General Townsend, in Oxford-street; it it also called the George Townsend—Joseph Elder lodged at my house for three years, till Sept. last—the prisoner was in the habit of visiting him—towards the last two or three months previous to Sept., his visits be­ came rather more frequent—he sometimes came to Elder before he was up in the morning, and went into his bed-room—I remember Elder coming in on the 3rd of Sept., about three o'clock in the afternoon, and taking leave of me—he shook hands with me, said he was obliged to me for all favors, that he was going out of town, and he might be gone a fortnight or six weeks—about two hours after that, I was in the passage of my house, and saw Elder there—it was about five o'clock—he was in front of the bar—that was the last time I saw him.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-182" type="witnessName">
<interp inst="t18441216-name-182" type="gender" value="male"/>
<interp inst="t18441216-name-182" type="surname" value="DRAKE"/>
<interp inst="t18441216-name-182" type="given" value="WILLIAM"/>WILLIAM DRAKE</persName> </hi>. I have been a groom, employed at the stables in Portman-mews. On Tuesday, the 3rd of Sept., between two and three o'clock, I was at the corner of Portman-street and Oxford-street—I saw a one-horse open phaeton coming up Oxford-street from the City, and come to the corner of Portman-street—the prisoner was driving it—he asked if I could go along with him—he said he wanted some one to bring his horse and chaise back to Mr. Wilkinson's—I went with him to George-street, and several places—he brought a parcel out of George-street, put it into the bottom of the carriage, then drove back to Portman-mews, to Leonard's, the Three-tuns, Portman-mews; he then went to Shackell's-in Bryan
<lb/>ston-street; then went into a public-house, and came out with a soldier—he went into different houses, leaving me to take care of the horse—there was a large pareel in the phaeton, wrapped up in a coat, and a earpet-bag full, and two parcels, which he brought from Shackell's; it was two bundles of clean linen—I went with him to Caunt's, in St. Martin's-lane—he had the soldier on the box with him then—when he got to Caunt's, he took the things out of the phaeton himself, left me there, paid me, and sent me back to Mr. Wilkinson's with the phaeton—I took it there.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-183" type="witnessName">
<interp inst="t18441216-name-183" type="gender" value="male"/>
<interp inst="t18441216-name-183" type="surname" value="ARLIS"/>
<interp inst="t18441216-name-183" type="given" value="GEORGE"/>GEORGE ARLIS</persName> </hi>. I am a coachman, and live in Park-street, Grosvenor-square—I know the prisoner and knew Joseph Elder. In the first few days of Sept. last they came to my mews—I cannot tell the day—I only know it was the beginning of Sept. by this letter, which I afterwards received, the post-mark of which is the 4th of Sept.—it was two or three days before I received the letter—it must have been the 1st, 2nd, or 3rd of Sept.—I have every reason to believe it was the 3rd—they came to me in a four-wheeled phaeton with one horse—Elder came into my stable, and spoke to me—I went out, and the prisoner was standing on the curb-stone with the reins in his hand—I took a saddle and bridle out of the phaeton, and I believe they went away together—Elder owed me 10
<hi rend="italic">s</hi>., and left the saddle and bridle with me for sale—I was to return his wife the difference of the money—this was as near ten o'clock as I can recollect—(looking at a letter)—I believe this to be Elder's writing—I never saw him write.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-184" type="witnessName">
<interp inst="t18441216-name-184" type="gender" value="male"/>
<interp inst="t18441216-name-184" type="surname" value="CAUNT"/>
<interp inst="t18441216-name-184" type="given" value="BENJAMIN"/>BENJAMIN CAUNT</persName> </hi>. I keep the Coach and Horses, St. Martin's-lane. I know the prisoner by his coming to my house previous to this robbery—I did not know Elder—the prisoner was at my house four or five times during a fortnight before that—he came in a grey coat, which he gave my brother when he went away—he was dressed as a horse-dealer, in boots, coming up to the knees, and spurs—I should think it was about a week before the 3rd of Sept.—he showed me his spurs, and said he was a horse-keeper, and his stables were in Oxford-street; that he had five large hay-ricks down in</p>
<xptr type="pageFacsimile" doc="184412160038"/>
<p>the country, and also a large farm; that if he knew I kept a horse he could have kept it for me, and would not have charged me anything for it for a considerable time—I said, "I am much obliged to you, my mare stands in Regent-street"—he said, "I think I shall sell my farm and five hay-ricks, make what I can of them, and go and buy a farm in America"—he said, "Can you let me have a private room here for a week or so? I will pay you well for it"—I said, "I will if possible"—he said, "I shall have 8,000
<hi rend="italic">l</hi>. or 9,000
<hi rend="italic">l</hi>. with me, and shall have six soldiers with me to guard me," and that he was going to deposit the money in the bank at Newcastle-on-Tyne—he came in a day or two after with a portmanteau, and said, "Caunt, will you lend me half a sovereign to deposit on this portmanteau till I fetch it," and he had three bags—he came to me inside my bar, which does not look into the street—he asked me to lend him 10
<hi rend="italic">s</hi>., or pay 10
<hi rend="italic">s</hi>. for the portmanteau, and keep it as security—I said, "I don't know you, the man can leave the portmanteau, and I will be answerable for the money; and if you don't want the portmanteau, the man must fetch it back"—the man was there with it on his back—he left it—I ordered it to be taken into my bed-room, and not delivered up till the money was paid—this is the portmanteau—he said, "When I come I shall have the money, and will pay you before I take it away; I shall have 8,000
<hi rend="italic">l</hi>. or 9,000
<hi rend="italic">l</hi>., and then 1 will pay you"—I was not at home on the 3rd of Sept.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-185" type="witnessName">
<interp inst="t18441216-name-185" type="gender" value="male"/>
<interp inst="t18441216-name-185" type="surname" value="CAUNT"/>
<interp inst="t18441216-name-185" type="given" value="ROBERT"/>ROBERT CAUNT</persName> </hi>. I am the last witness's brother, and am his waiter and barman. On Tuesday afternoon, the 3rd of Sept., the prisoner came to the house in a four-wheeled phaeton, drawn by one horse—a soldier came with him, and Elder came a few minutes after—they had a carpet-bag with them—the prisoner and the soldier carried the carpet-bag between them—it was very heavy indeed—they carried it with difficulty—the prisoner asked me for a private room—I said, "There is the bar-parlour you can walk into." which they did-the prisoner ordered refreshment, and while I was getting it ready in the bar, I heard a noise in the bar-parlour—it waslike jingling of gold—I looked through the curtain which divided the bar from the parlour, and saw gold in the carpet-bag, which was open—there were two canvas bags in it—the prisoner was handling the gold—one bag had burst, and some gold got loose into the carpet-bag—I believe the prisoner put some of the gold into his pocket—I saw him do so—I asked the pri­ soner where he was going with that gold—he said he was going to the Edinburgh bank, and said, "I have two soldiers to guard me"—I asked him to let me lift the bag for a reason of my own—I tried, but could not, on account of its weight—while Elder was there, the prisoner asked me where my brother or his mistress were—I said they were both out—he asked me if there was not a portmanteau of his here—I said I believed there was, but he could not have it, as it was locked up in their bed-room—Elder said, "If money will get it we must have it"—I called the pot­ boy to the bar, and Elder sent him for a locksmith—the servant went up stairs with him—he picked the lock, and brought the portmanteau down—I gave the prisoner the bill for it, and he paid me 1
<hi rend="italic">l</hi>.; 10
<hi rend="italic">s</hi>. for it—he said that was all right—Burgess put both the canvas bags, with their con­ tents, into the carpet-bag—about seven o'clock Elder went for a cab, and brought it to the door—the prisoner was still sitting in the bar-parlour—Elder came to the bar, and pressed on him to go, or he would go without him, he could not wait any longer, his time was expired—I got down everything that was owing, and they paid my bill, 2
<hi rend="italic">l</hi>. or 3
<hi rend="italic">l</hi>.—they had</p>
<xptr type="pageFacsimile" doc="184412160039"/>
<p>had port and sherry, and beef-steaks—the prisoner paid it—the portman-eao was locked up—the prisoner and the soldier carried it out of the bar
<lb/>parlour to the cab—Elder was before the bar—he and the prisoner got into the
<hi rend="italic">cab</hi>, which went off, and 1 saw no more of them—I did not hear them direct where to drive.</p>
<hi rend="italic">Cross-examined. Q.</hi> Were you examined before the Magistrate?
<hi rend="italic">A.</hi> No, nor was my brother—I first told this story last week—I believe I heard of the robbery a fortnight after it took place—I was in the country at the time—the officer came to my brother's house, and I told him of it.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-186" type="witnessName">
<interp inst="t18441216-name-186" type="gender" value="male"/>
<interp inst="t18441216-name-186" type="surname" value="GINGLE"/>
<interp inst="t18441216-name-186" type="given" value="JAMES"/>JAMES GINGLE</persName> </hi>. I am a soldier in the Foot Guards; I know the prisoner, by being in company with him seven or eight times, but did not know his name. On the morning of the 3rd of Sept., between eleven and twelve o'clock, I saw him driving a phaeton with one horse, opposite the sigger's Head, Tower-hill—I was quartered at the Tower—he cut me with his whip, and asked me for Randle, another soldier—I said he was in the Tower, he would find him in the barracks—he asked where I was going—I said 1 had leave till twelve o'clock, and was going to the Three Tons, near Portman-barracks, to meet a friend—he said there was going to be a supper at Caunt's, and asked me to meet him there—I said I should not be able—he had somebody in the carriage with him, who appeared between forty and fifty, a very stout man—between three and four that afternoon the prisoner came with the carriage to the Three Tuns, where I was, and asked me to come into the carriage, and go to Caunt's—I did so—Drake was in the carriage when I came out—when I got to Caunt's, I helped him to carry the carpet-bag out of the carriage, it was very heavy, and was like the bag produced—I cannot swear to it—I helped him to put it into the little room next the bar—it was getting rather dark, it was near five o'clock—I remained at Caunt's till he went away, about a quarter or twenty minutes past seven—during that time, I saw two canvas bags inside the carpet-bag—he took them out of the bag, when a person came to inquire for him just before he went away—I saw him put them on a chair—I did not see what he did with them afterwards, as I left the room—there were three of us together—he said he would trouble us to walk into the other room—there was a civilian with me—I do not know who—it was after we had had beef-steaks and wine that he desired us to go into the other room—before he went away another person came—I think it was the same person I had seen in the morning—I had never seen him before that morning—he came into Caunt's, and asked the prisoner if he was ready to go—I carried the portmanteau into the
<hi rend="italic">cab</hi>, and the prisoner carried the carpet-bag—the portmanteau was rather heavy—I saw the prisoner carry the carpet-bag—it did not appear so heavy as when I had carried it—the prisoner and the other man went to the
<hi rend="italic">cab</hi>—one got inside and the other out—I do not know who the other man was.</p>
<hi rend="italic">Cross-examined. Q.</hi> Were you examined before the Magistrate?
<hi rend="italic">A.</hi> No,</p>
<hi rend="smallCaps">
<persName id="t18441216-name-187" type="witnessName">
<interp inst="t18441216-name-187" type="gender" value="male"/>
<interp inst="t18441216-name-187" type="surname" value="HUGHES"/>
<interp inst="t18441216-name-187" type="given" value="JOHN"/>JOHN HUGHES</persName> </hi>. I am a paper-stainer. I was at Caunt's public-house on the night of the 3rd of Sept., and saw the prisoner there—I was one of the party—we had four bottles of wine and some beef-steaks—I saw the soldier there—I knew Elder before, I had seen him scores of times—he came there about twenty minutes after seven o'clock—he said to Burgess, "I want you to go directly "—he said, "I am coming in five minutes"</p>
<xptr type="pageFacsimile" doc="184412160040"/>
<p>Elder said, "If you don't come I shall go; I have a cab ready at the door"—the prisoner went away with him in a cab—one Grinham was there that night.</p>
<hi rend="italic">Cross-examined. Q.</hi> You were not before the Magistrate?
<hi rend="italic">A.</hi> No.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-188" type="witnessName">
<interp inst="t18441216-name-188" type="gender" value="male"/>
<interp inst="t18441216-name-188" type="surname" value="BENBOROUGH"/>
<interp inst="t18441216-name-188" type="given" value="GEORGE"/>GEORGE BENBOROUGH</persName> </hi>. I am a porter at the Mersey-hotel, at Liver
<lb/>pool. At half-past five o'clock on the morning of the 4th of Sept., two persons arrived at the Hotel by the London-railway, in a rail way-carriage—the prisoner is one of them—the other was a stout, ruddy-complexioned gentleman, from forty-five to fifty years old I should think—one of them, I do not recollect which, asked me if they could have a private room to take breakfast in, also a place to put their luggage—I noticed none of their luggage except a heavy portmanteau of a dark colour, which I took on my shoulder—it was extremely heavy—I showed them to a private room—I afterwards heard the prisoner ask Mr. Home, the landlord, if he would give him notes for sovereigns—he could not do it, but desired me to show the prisoner to a bullion-dealer—I offered to go with him, but he declined going—he went out by himself—that was about nine o'clock—I did not see what became of his companion—I saw the prisoner again between ten and eleven—his companion was then with him—the prisoner asked me to take his luggage into the boat, to go on board the Britannia steam ship—took his things down—I do not recollect anything particular, but the port­ manteau—I noticed that, owing to the weight of it—I do not remember whether I took anything else or not—I put them on board a small boat, to take them to the Britannia—I saw the boat go out towards the vessel.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-189" type="witnessName">
<interp inst="t18441216-name-189" type="gender" value="male"/>
<interp inst="t18441216-name-189" type="surname" value="HEWITT"/>
<interp inst="t18441216-name-189" type="given" value="JOHN"/>JOHN HEWITT</persName> </hi>. I am commander of the Britannia steamer—she was advertised to sail from Liverpool to America on the 4th of Sept.—we sailed about half-past two o'clock, that day—we had nearly one hundred pas
<lb/>sengers on board—I was not aware that the prisoner was a passenger for three or four days—I saw an elderly gentleman, a stout man, with a ruddy complexion, in his company—he appeared about forty-four or forty
<lb/>five years of age—they both went by the name of Ellis on board, and passed as uncle and nephew—the prisoner called the other man his uncle—I landed them at Boston, on the 16th of Sept.—the prisoner is the man who came in my ship in the name of Ellis.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-190" type="witnessName">
<interp inst="t18441216-name-190" type="gender" value="male"/>
<interp inst="t18441216-name-190" type="surname" value="FORRESTER"/>
<interp inst="t18441216-name-190" type="given" value="JOHN"/>JOHN FORRESTER</persName> </hi>. I am chief officer of the City of London, stationed at the Mansion-house. I received a warrant for the apprehension of two persons, named Burgess and Elder, and, in consequence of instructions, ac­ companied by Mr. Bord, from the Bank, I proceeded to America—I arrived at Halifax, and traced the parties from one place to another, till I arrived at Boston, where I found a person answering to the name of Elder—he was going by the name of Ellis there—on the 31st of Oct. I got into the house where he was lodging, and awaited his arrival, and on his coming home, about one o'clock in the day, 1 apprehended him—I told him I had a warrant against him, and showed it him—I said, "Your name is Joseph Elder "—he said, "It is"—Mr. Bord saw him, and recognised him as soon as he came in—after placing him in a place of security, I searched his lodging, and found 400 sovereigns in this black portmanteau, and some clothes in a cupboard, which I did not take away then—the portmanteau I brought away directly—I found in it some cards, with the name of Ellis on them, and a plate with it—these are some of the cards, and he had some of them on his person—I found letters in the portmanteau addressed to him in the name of Elder, and this discharge under the Insolvent Act—I</p>
<xptr type="pageFacsimile" doc="184412160041"/>
<p>brought some linen here, which is marked "J. E."—I took him before a justice, and proceeded with Mr. Bord and officers from Boston, in search of the prisoner, to Nahant, which is a small peninsula, I think, about four
<lb/>teen miles from Boston—there is an hotel there—I went to the hotel—the American officer who was with me showed himself at the hotel—I did not see the prisoner there—I stopped there all that night, Thursday, the 31st, and part of the next day—I was about different parts of the island on Friday, and on Friday night I returned to Boston—before that, I saw this carpet-bag at the hotel at Nahant, and left it there—on Saturday I went to a place called Brewsters's Island, which is up the river, about eleven miles from Boston—I had an American officer with me—I went to a kind of wooden hut, or cottage there, and found the prisoner there—he knew me before, and I was acquainted with his person—the officer went in first—I followed, and the prisoner was by the fire—at that time he was without whiskers—when I knew him at the Bank I think he used to wear a little whisker, but I am not positive—I went up to him, and he said to me, "How are you, John?"—I said, "I am very well, but am very sorry to see you in such a situation"—he said, "So am I, but it can't be helped now, old fellow"—we came away together in a boat, and in the boat he asked, "Where Is Elder?"—I said he had made away with himself, which was the fact—I knew it from what I was told—I did not see him dead; he was buried when I came back—the prisoner said, "Well, I think he is a fool for that, he might as well have seen it out"—I searched him, but found nothing particular—I found some bags at Nahant—I brought the prisoner to Boston—he was locked up, and sent before a Ma­ gistrate on Monday morning—after the prisoner was secured I got the carpet bag from the hotel at Nahant—it is the one that has been' produced—130 sovereigns were found at Nahant, and handed over to me by the American officer—I did not see them found—after taking the prisoner be
<lb/>fore the Magistrate in America, he was entrusted to me to bring to this country—before I came away I obtained possession of 6,500
<hi rend="italic">l</hi>., which I brought over and delivered to the Governor of the Bank of England—I got it from Mr. Blatchford, agent for Mr. Freshfield, at New York—I had heard the prisoner say there was money in the Bank—he said the money was in the Merchants' Bank at Boston, and be should be very glad to sign it over, for the Bank of England to have it—I think that was before I had got it, but I do not recollect at what part of the transaction—I had no further conversation with him on the subject of the money—I did not go to Nahant with him—I brought him to Boston—I saw Mr. Blatchford long before 1 apprehended the prisoner—I had caused notice to be given about the money being taken—I went with Mr. Bord and a Judge Warren to the prison the prisoner was in, but what passed I do not know—I went to identify Mr. Bord as the gentleman representing the Bank of England, and after that I received from Mr. Blatchford the 6,500
<hi rend="italic">l</hi>., which I brought to England with the 400 and 120 sovereigns.</p>
<hi rend="italic">Cross-examined. Q.</hi> You were examined before the Lord Mayor?
<hi rend="italic">A.</hi> Yes—I believe I did not speak there of any conversation.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-191" type="witnessName">
<interp inst="t18441216-name-191" type="gender" value="male"/>
<interp inst="t18441216-name-191" type="surname" value="SHARP"/>
<interp inst="t18441216-name-191" type="given" value="ERNEST"/>ERNEST SHARP</persName> </hi>. I am a clerk in the Consol-office, in the Bank of England; my department is to post the ledger. (Looking at the transfer of the 6,305
<hi rend="italic">l</hi>.,) I posted that; here are my initials—I have the ledger here—that sum appears posted in the ledger to the credit of George Shum Storey, John Petty Musprat, William Cotton, and Matthew Whiting—I</p>
<xptr type="pageFacsimile" doc="184412160042"/>
<p>also debited William Oxenford with that amount—(the transfer-ticket, the forged transfer, the stock-receipt, the check for 8,000
<hi rend="italic">l</hi>., and the eight Bank
<lb/>notes, were here read.)</p>
<p>(William Goodrich, painter, 21, Great Ormond-street; Alexander Mais
<lb/>ters, keeper of an ale and stout-house, Mile-end-road; and William Parish, lodging-house-keeper, Great Ormond-street; deposed to the prisoner's good character.)</p>
<hi rend="smallCaps">
<rs id="t18441216-212-verdict-1" type="verdictDescription">
<interp inst="t18441216-212-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18441216-212-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 23.—
<rs id="t18441216-212-punishment-13" type="punishmentDescription">
<interp inst="t18441216-212-punishment-13" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-212-18441216 t18441216-212-punishment-13"/>Transported for Life</rs>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Friday, December</hi> 20
<hi rend="italic">th</hi>, 1844.</p>
<hi rend="italic">First Jury, before Lord Chief Justice Tindal</hi>.</p>
<div1 type="trialAccount" id="t18441216-213">
<interp inst="t18441216-213" type="uri" value="sessionsPapers/18441216"/>
<interp inst="t18441216-213" type="date" value="18441216"/>
<join result="criminalCharge" id="t18441216-213-charge-1" targOrder="Y" targets="def1-213-18441216 t18441216-213-offence-1 t18441216-213-verdict-1"/>
<persName id="def1-213-18441216" type="defendantName">
<interp inst="def1-213-18441216" type="gender" value="male"/>
<interp inst="def1-213-18441216" type="age" value="30"/>
<interp inst="def1-213-18441216" type="surname" value="HILL"/>
<interp inst="def1-213-18441216" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM HILL</hi> </persName> was indicted
<rs id="t18441216-213-offence-1" type="offenceDescription">
<interp inst="t18441216-213-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18441216-213-offence-1" type="offenceSubcategory" value="burglary"/> for burglariously breaking and entering the dwelling-house of
<persName id="t18441216-name-193" type="victimName">
<interp inst="t18441216-name-193" type="gender" value="male"/>
<interp inst="t18441216-name-193" type="surname" value="CHITTY"/>
<interp inst="t18441216-name-193" type="given" value="CHARLES JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-213-offence-1 t18441216-name-193"/>Charles John Chitty</persName>, about one is the night of the
<rs id="t18441216-cd-10" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18441216-213-offence-1 t18441216-cd-10"/>9th of December</rs>, at
<placeName id="t18441216-geo-5">
<join result="offencePlace" targOrder="Y" targets="t18441216-213-offence-1 t18441216-geo-5"/>St. Mary, Islington</placeName>, with intent to steal, and stealing therein 1 waistcoat, yalue 18
<hi rend="italic">s</hi>.; 1 pair of boots, 6
<hi rend="italic">s</hi>.; 3 handkerchiefs, 5
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; 1 jacket, 18
<hi rend="italic">s</hi>.; 1 gown, 1
<hi rend="italic">s</hi>.; 40 cigars, 2
<hi rend="italic">s</hi>., 6
<hi rend="italic">d</hi>.; 1 cigar-case, 6
<hi rend="italic">d</hi>.; 1 bell, 6
<hi rend="italic">d</hi>.; 29 skeins of silk, 2
<hi rend="italic">s</hi>.; 6oz, weight of beads, 3
<hi rend="italic">s</hi>.; 9 spoons, 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; 1 pair of sugar-tongs, 1
<hi rend="italic">s</hi>.; 1 tin box, 3
<hi rend="italic">d</hi>.; loz. weight of pins, 1
<hi rend="italic">d</hi>.; 1 yard of linen cloth, 3
<hi rend="italic">s</hi>.; 1 yard of muslin, 1
<hi rend="italic">s</hi>.; 1 button pattern book, 6
<hi rend="italic">d</hi>.; 1 sheet, 5
<hi rend="italic">s</hi>.; 2 shirt bodies, 9
<hi rend="italic">s</hi>.; 2 shawls, 8
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; 1 wash-stand, 12
<hi rend="italic">s</hi>.; and 3 pieces of copper coin, 3
<hi rend="italic">d</hi>.; his goods; and 1 bird-cage, 7
<hi rend="italic">s</hi>., the goods of
<persName id="t18441216-name-194" type="victimName">
<interp inst="t18441216-name-194" type="gender" value="male"/>
<interp inst="t18441216-name-194" type="surname" value="HARRIS"/>
<interp inst="t18441216-name-194" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-213-offence-1 t18441216-name-194"/>James Harris</persName>: and that he had been before convicted of felony.</rs> </p>
<hi rend="smallCaps">
<persName id="t18441216-name-195" type="witnessName">
<interp inst="t18441216-name-195" type="gender" value="male"/>
<interp inst="t18441216-name-195" type="surname" value="CHITTY"/>
<interp inst="t18441216-name-195" type="given" value="CHARLES JOHN"/>CHARLES JOHN CHITTY</persName> </hi>. I keep a beer-shop, and live in Suttoo-gardens, Chalk-road, in the parish of St. Mary, Islington On Monday, the 9th of Dee., my wife was up last in the house—I fastened the cellar, bar parlour, and other doors, when I went to bed, which was about free minutes past twelve o'clock—my wife and I retired into our bed-room together, but she returned into the bar parlour for some wearing apparel which she had left behind her—the house is all on the ground-floor—the cellar door was fastened by an inside bolt—there is only that one opening to the cellar—about half-past twelve o'clock we heard some kind of a noise, such as a waiter having fallen from a window—there was a waiter standing inside a window close to the cellar door—the two bottom squares of glass in that window had been broken, and, as a substitute for them, two wooden squares were nailed up—a little after seven in the morning my wife got up, went into the bar parlour, came back, and gave me an alarm—I got up, and found the place had been robbed—the cellar door was partly open, the bar parlour door was partly open, likewise a door leading to the passage—I found the wooden squares removed from the places where they bad been the night before when I went to bed—I do not know what had become of them—I have not seen them since—it is not a window that opens, but a fixture—a portion of the brick-work of the wall of the cellar had been broken away before this, quite sufficient for a person of the pri­ soner's size to get through—it had been done by the brewers at the time they bad put the barrels into the place—they had shaken the wall, or rather broken it away—that is the side-wall leading into the garden—the person might have got in by that hole without breaking anything—I found about three or four bricks rather shaken, in addition to the former place—I</p>
<xptr type="pageFacsimile" doc="184412160043"/>
<p>am quite positive I had shut and bolted the cellar door overnight—I mined a jacket, waistcoat, shoes, and a watch-stand, all from the bar par­ lour—four drawers had been ransacked, two boxes opened, and things pulled out of a basket—the drawers contained linen principally, which my wife can give an account of—I have known the prisoner, by him frequenting my place for about five months—he has not come for the pur­ pose of drinking, but merely coming in and sitting down—the first time I knew him was when he had a little job in plastering—he is a plasterer—he was there on the Monday the whole of the day—when I fancied he has been out of work I have been in the habit of giving him something to eat, seeing him silting by himself.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-196" type="witnessName">
<interp inst="t18441216-name-196" type="gender" value="female"/>
<interp inst="t18441216-name-196" type="surname" value="CHITTY"/>
<interp inst="t18441216-name-196" type="given" value="CATHERINE"/>CATHERINE CHITTY</persName> </hi>. I am the prosecutor's wife. I went to bed on Monday night, the 9th of Dec.—I afterwards left my bed-room, and went to the bar parlour for something—I returned again to my husband—I latched the bar parlour door as I came out—there is no lock on it—no one else was up in the house at that time—I left the cellar door as it was—I got up a little after seven o'clock in the morning—I was the first person up—I found everything in confusion, all the drawers, and the cellar and bar parlour doors open—almost everything was taken out of the drawers, and taken away—one large table-cloth and one pair of stockings, which bad been taken out of the drawers, I found on the floor—I missed some table napkins, pillow cases, some silk handkerchiefs, a small shawl, and some white sewing silk wrapped up with it, and two shirt bodies not made up; half-a-dozen German silver spoons, two salt-spoons, sugar-tongs, and about a quarter of a pound of cigars—they were all in the bar parlour—I also missed a bird and cage belonging to James Harris, and my husband's shoes, jacket, and waistcoat, which had been in the bar parlour the night before.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-197" type="witnessName">
<interp inst="t18441216-name-197" type="gender" value="male"/>
<interp inst="t18441216-name-197" type="surname" value="BESANT"/>
<interp inst="t18441216-name-197" type="given" value="SAMUEL HENRY"/>SAMUEL HENRY BESANT</persName> </hi>. I am assistant to Mr. Button, a pawnbroker, in John-street, Edgware-road. The prisoner came to our shop on Tues­ day, the 10th of Dec., about twelve o'clock in the day, and pledged this watch-stand and waistcoat, for 3
<hi rend="italic">s</hi>. each—I had seen him before, and am positive he is the person.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-198" type="witnessName">
<interp inst="t18441216-name-198" type="gender" value="male"/>
<interp inst="t18441216-name-198" type="surname" value="CHAPLIN"/>
<interp inst="t18441216-name-198" type="given" value="JOHN"/>JOHN CHAPLIN</persName> </hi> (
<hi rend="italic">police-sergeant D</hi> 7.) I took the prisoner into custody on Thursday morning at his lodging, No. 17, Cambridge-place—I told him I wanted him for a burglary committed at the Carpenter's Arms beer-shop, at Islington—he said, "I know nothing about it, I have not done it"—after taking him to the station, I returned to his lodging, and found there this bird and cage, this jacket, beads, cigars, and six German silver tea­ spoons.</p>
<hi rend="smallCaps">MRS. CHITTY</hi>
<hi rend="italic">re-examined.</hi> This watch-stand is the one my husband had, and this waistcoat is my husband's—I know it by the pattern—my husband has got a piece of it in his pocket—these spoons are mine—this bird and cage belong to Harris—I know the cage by the egg-cup that is in it—there was a bit of something pasted round it, because it was too small for the place—the spoons have no private mark on them, but I lost some of the same sort, and know them to be ours.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-199" type="witnessName">
<interp inst="t18441216-name-199" type="gender" value="male"/>
<interp inst="t18441216-name-199" type="surname" value="WALKER"/>
<interp inst="t18441216-name-199" type="given" value="JOSEPH"/>JOSEPH WALKER</persName> </hi> (
<hi rend="italic">police-sergeant D</hi> 5.) I produce a certificate of the prisoner's former conviction—(
<hi rend="italic">read—Convicted of larceny, after a pre­ vious conviction. Confined six months.</hi>)—I am sure the prisoner is the penon—I heard him tried first in Sept., 1842, at this Court, for stealing a trowel; and again in 1843, when I proved a previous conviction against</p>
<xptr type="pageFacsimile" doc="184412160044"/>
<p>him—I heard sentence passed upon him—I did not see him when he was undergoing his punishment, but I have seen him several times since he came out, and am sure he is the person.</p>
<hi rend="smallCaps">
<rs id="t18441216-213-verdict-1" type="verdictDescription">
<interp inst="t18441216-213-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18441216-213-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.* Aged 30.—
<hi rend="italic">
<rs id="t18441216-213-punishment-14" type="punishmentDescription">
<interp inst="t18441216-213-punishment-14" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-213-18441216 t18441216-213-punishment-14"/>Transported for Fourteen Years</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18441216-214">
<interp inst="t18441216-214" type="uri" value="sessionsPapers/18441216"/>
<interp inst="t18441216-214" type="date" value="18441216"/>
<join result="criminalCharge" id="t18441216-214-charge-1" targOrder="Y" targets="def1-214-18441216 t18441216-214-offence-1 t18441216-214-verdict-1"/>
<join result="criminalCharge" id="t18441216-214-charge-2" targOrder="Y" targets="def2-214-18441216 t18441216-214-offence-1 t18441216-214-verdict-2"/>
<persName id="def1-214-18441216" type="defendantName">
<interp inst="def1-214-18441216" type="gender" value="male"/>
<interp inst="def1-214-18441216" type="age" value="19"/>
<interp inst="def1-214-18441216" type="surname" value="NOON"/>
<interp inst="def1-214-18441216" type="given" value="MICHAEL"/>
<hi rend="largeCaps">MICHAEL NOON</hi> </persName> and
<persName id="def2-214-18441216" type="defendantName">
<interp inst="def2-214-18441216" type="gender" value="male"/>
<interp inst="def2-214-18441216" type="surname" value="SUTTERS"/>
<interp inst="def2-214-18441216" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SUTTERS</hi> </persName> were indicted for
<rs id="t18441216-214-offence-1" type="offenceDescription">
<interp inst="t18441216-214-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18441216-214-offence-1" type="offenceSubcategory" value="housebreaking"/> feloniously breaking and entering the dwelling-house of
<persName id="t18441216-name-202" type="victimName">
<interp inst="t18441216-name-202" type="gender" value="male"/>
<interp inst="t18441216-name-202" type="surname" value="MURRAY"/>
<interp inst="t18441216-name-202" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-214-offence-1 t18441216-name-202"/>William Murray</persName>, on the
<rs id="t18441216-cd-11" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18441216-214-offence-1 t18441216-cd-11"/>24th of Nov</rs>., and stealing therein 1 leather case, value 1
<hi rend="italic">s</hi>.; I lan—cet, 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; 2 tooth-keys, and handle, 6
<hi rend="italic">s</hi>.; 4 claws, 3
<hi rend="italic">s</hi>.; 1 tooth-punch, 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; 2 pairs of tooth forceps, 5
<hi rend="italic">s</hi>.; 2 dividing files, 1
<hi rend="italic">s</hi>.; 1 hat, 5
<hi rend="italic">s</hi>.; and 1 coat, 10
<hi rend="italic">s</hi>., his property.</rs> </p>
<hi rend="smallCaps">MR. COBBETT</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18441216-name-203" type="witnessName">
<interp inst="t18441216-name-203" type="gender" value="male"/>
<interp inst="t18441216-name-203" type="surname" value="MURRAY"/>
<interp inst="t18441216-name-203" type="given" value="WILLIAM"/>WILLIAM MURRAY</persName> </hi>. I am a chemist and druggist, and live in Hand—court, Bedford-row. On Sunday evening, the 24th of Nov., about eight o'clock, I was sitting in my parlour, which is over my shop, and heard the bell of my shop door strike—it is an alarm-bell, so that I may ascertain when any one enters the shop—I went down and found the prisoner Noon in the shop—he asked for 1
<hi rend="italic">d</hi>. worth of peppermint lozenges—he after—wards changed it for liquorice—he paid me 1
<hi rend="italic">d</hi>. for it, which I placed in the till with other copper, and closed it—I did not lock it—it is a drawer—at that time I had a roll case of tooth-instruments in the till, and one or two other cases—there are three partitions to the till, and the tooth instru—ments were in the back partition—I am sure they were in the till when I put the penny in—after Noon had paid me the penny for the liquorice, he left the shop, and shut the door—he remained in the shop till I had shut the till—I have another door to the shop, but it opens at the back part, behind the counter—that is the door I had come in by from the upper room—it leads on to the head of the kitchen stairs—there is a way out of that passage into the street by a private door—there is one street-door which opens into a small square lobby about four feet and a half square, on one side of which is the shop door, in the centre is the door opening into the house, and the opposite side is occupied by the front shop—there is only one street door—the customers come in through this little lobby—the same street door would take me up into my upper room—the pri—soner's appearance created a suspicion in my mind, and when he had gone out I walked to the shop door to examine whether the alarm-bell was cor—rect—I pushed my hand against the door, and saw that it was perfectly closed—I then went to my upper room again—I had a friend there—we were rather merry, and speaking loud—I found after sitting for about two mi—nutes, that I had not closed my room door—I immediately rose, walked short across the room, and shut it, and I suspect that gave the parties is the shop the alarm—within five or eight minutes after that I heard my shop-boy come into the lobby—he has heavy boots, and makes a great noise coming in—he would come in through the shop door, and not hear—ing the shop-bell ring, I suspected there was something wrong—I came down, and at the foot of the stairs I put my foot into a hat—I do not know whose it was—it was not my boy's—he was in the passage when I came down—I went into the shop—there was no one there—I saw the till standing as wide open as it could be pulled—I looked into the back par—tition, and missed the case of tooth instruments—the others were left—I missed nothing more at that time—on the following Tuesday I missed a</p>
<xptr type="pageFacsimile" doc="184412160045"/>
<p>hat and great coat which I had seen on the Sunday morning—the great coat was hanging over the back of one of the shop chairs, and the hat' was on the top of a glass-case in the shop—it was a hat and coat that I very seldom used—I had not seen them after Noon came—I have never seen them since—I saw the case of instruments on the Tuesday morning fol—lowing, at Featherstone-street station—I had notice to attend there, and the policeman showed them to me—these now produced are them—this is the case which I had in the till.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MELLOR</hi>.
<hi rend="italic">Q.</hi> Did Noon say anything when he asked for the lozenges?
<hi rend="italic">A.</hi> Yes, he asked me whether they were good for a cough—I should know, by the sound of the alarm-bell, that some one was entering the shop—it always acted—there is a bolt attached to it, and if that is down it will not strike—I can swear I saw this case of in—struments at the time I opened the till to put the penny in—the others were small scaling instruments—these were at the top—mine is an ordinary counter—it is three feet broad, and the top of the till is about four inches below the level of the counter—it would not be a difficult thing for a man to reach over the counter, and open the till—I sometimes do it myself, and very easily—I am not aware that I ever saw Noon before—I heard the bell ring, just previous to my going down stairs—I went down immediately—the bell rings before the door is opened four inches—it is not a large shop—I can take the whole of it in at a single glance—there was no one in the shop but Noon—he had a body coat on, I am pretty confident, something tied round his throat, and his hands in his trowsers' pockets—it was rather a cold night—he had no great coat or cloak on—he had a hat on—it was about ten minutes after my going up stairs again that I heard my boy come into the lobby—I distinctly remember" shutting the till—there are two doors that give entrance to my shop—the door by which I enter my shop was standing open when I came down, but there is a door inter—vening between that and the street, which was locked—that is a door for the house, and I found that open when I came down again—the boy could not have opened that from the outside—there is but one key, and I had that—I had passed that door ten minutes before, and it was shut then—it must have been opened from without, some time within that ten minutes or a quarter of an hour.</p>
<hi rend="smallCaps">MR. COBBETT</hi>.
<hi rend="italic">Q.</hi> The door leading into the back part of the shop was open, you say?
<hi rend="italic">A.</hi> Yes—it generally stands open, in order that I may hear the bell—no other door was left open.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How many doors are there from your house into the street?
<hi rend="italic">A.</hi> Only one—that stands open all day—when you enter that door, my shop door is on the right, and fronting you is the house door, opening into the passage—that door is generally shut—my shop door is a whole door, with plate-glass in the upper part—there is another door out of the shop, communicating with the house—that is the one I came through when I came into the shop to Noon—the stairs I came down are inside the street door—the inner door at the foot of the stairs was kept shut and fastened with a lock—it was fastened that night, but when I came down stairs it was wide open—there is a keyhole to it—when you get in at that door you can get into the shop by the back door.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-204" type="witnessName">
<interp inst="t18441216-name-204" type="gender" value="male"/>
<interp inst="t18441216-name-204" type="surname" value="JENKINSON"/>
<interp inst="t18441216-name-204" type="given" value="JOHN"/>JOHN JENKINSON</persName> </hi> (
<hi rend="italic">police-constable G</hi> 53.) On Sunday night, the 24th of Nov., about half-past eleven o'clock, I saw the two prisoners, with four others, in Old-street, St. Luke's—I watched them into a public-house</p>
<xptr type="pageFacsimile" doc="184412160046"/>
<p>there, and remained outside till they came out, which was at five minutes past one in the morning—I knew the whole of them before—I seized the two prisoners by the collar, and took them into custody—I observed Sut—ters put his hand behind him to his coat pocket, and saw him throw some—thing away—I watched the articles that flew from his hand, and observed this skeleton key and a knife, with something just about the size and colour of this case of instruments—the handle of the knife being white, I was enabled to see where it fell, but the case of instruments I could not—I did not wait to look any further, for there being such a number of thieves about there, I was fearful of a rescue—I picked up the knife and key, the case I did not—at the time I picked up the knife and key I had hold of the two prisoners—I was afterwards obliged to let go of Noon—I still held Slitters—he again put his hand behind him—I instantly seized his wrist—he opened his hand, and something fell to the ground—I picked it up, and found it to be this bag, containing five pick—lock-keys, one skeleton-key, and one latch-key—he made a determined resistance, and his hat fell off—I took him to Featherstone-street station—I afterwards proceeded to a street in the Vinegar-ground, a locality where thieves and prostitutes live, and on a wall in the rear of some pre—mises I observed Noon—that was about three or four minutes'walk from where I had found them—he again made his escape from me—I saw him in custody at the station about nine the same morning—I went with Davis to the place where I had seen Sutters throw away the things, and pointed out the spot to him.</p>
<hi rend="italic">Cross-examined. Q.</hi> I believe there have been other parties beside the prisoners charged with this offence?
<hi rend="italic">A.</hi> There were two others taken into custody at the same time and charged—this place in Old-street is perhaps a mile, or a mile and a half from Hand-court—four person besides the prisoners came out of the public-house, the same parties that went in with them—when they came out they stopped for a particular purpose—it was then that I went up to them—they had no chance to ran away—they could not—I had hold of them by the collar—they did not attempt to run away when they saw me—when I took them by the collar, Noon showed a disposition to resist—I was observing what Sutters did—I did not "study" Noon's fist at all—he was not making any struggle, merely shaking his fist in my face, and saying, "Let go, you b—"—I thought it was only a little subterfuge on his part to draw my attention—it was a very fine night—it did not rain—I cannot recollect whether it was very light—the stars might have been out, and the moon might have been shining for what I know—I cannot recollect—I could dlstin—guish a person's features five yards off, so as to know them again, if they were anywhere near a gas-light—there are a great many gas-lights just there—I believe I could distinguish a person's features ten yards off at that spot—I could see what Sutters had in his hand at the time he was throwing it away, and I believe it was this case—I could not tell, because I had hold of his collar at the time—he was close to me—I saw him throw his hand out, and throw something from it—I saw the key and knife in his hand, and this case was with it—I watched the knife pass through the air, and till it fell to the ground—I picked it and the key up instantly, in two or three seconds—I let go of Noon while I picked it up and he gave a
<hi rend="italic">bolt</hi> and ran away—I had another officer with me, but he had gone to the station with the other two men.</p>
<xptr type="pageFacsimile" doc="184412160047"/>
<hi rend="smallCaps">
<persName id="t18441216-name-205" type="witnessName">
<interp inst="t18441216-name-205" type="gender" value="male"/>
<interp inst="t18441216-name-205" type="surname" value="DAVIS"/>
<interp inst="t18441216-name-205" type="given" value="WILLIAM"/>WILLIAM DAVIS</persName> </hi> (
<hi rend="italic">police-constable G</hi> 143.) On Monday morning, the 25th of Nov., I was on duty in Bath-street, City-road, and about a quarter past one I found a hat nearly opposite the Red Lion, under the madhouse wall—I also found this case of instruments lying close to the hat—I took the hat to the station immediately, and it was claimed by Sutters as being his property—I gave it to him—Jenkimon afterwards went With me and pointed out a spot near the madhouse wall—it was the exact spot where I had found the hat and the instruments.</p>
<hi rend="italic">Cross-examined. Q.</hi> About how many yards from the hat was the ease of instruments?
<hi rend="italic">A.</hi> Close to it—they were lying close together under the wall.</p>
<hi rend="smallCaps">MR. MELLOR</hi>
<hi rend="italic">called</hi></p>
<hi rend="smallCaps">
<persName id="t18441216-name-206" type="witnessName">
<interp inst="t18441216-name-206" type="gender" value="male"/>
<interp inst="t18441216-name-206" type="surname" value="SHIEL"/>
<interp inst="t18441216-name-206" type="given" value="THOMAS"/>THOMAS SHIEL</persName> </hi>. I reside in Paul-street, Finsbury, and am a dealer in building materials. My sister keeps a beer-shop, and I look after it for her—on Sunday evening, the 24th of Nov. last, the prisoner sutters came to our house about half-past five o'clock, and stopped till about eleven o'clock—I remember the time he came, because we usually open at five o'clock; and as soon as we had opened, and got ready for tea, he came in—he had used the house for some time—I know he stopped till eleven o'clock, because we usually close the room at eleven o'clock on Sunday evenings, and get to bed soon—I am certain he did not quit the house between those hours—I was in the house myself—I serve up stairs, and no one else serves there but me—I will swear he did not quit my sight between half-past five and eleven o'clock—he might just have gone down stairs.</p>
<hi rend="smallCaps">MR. COBBET</hi>.
<hi rend="italic">Q.</hi> You live at this beer-shop with your sister?
<hi rend="italic">A.</hi> Yes—we have kept it about seventeen months—Sutters has used the house about nine or ten months—he has come there of a night to have a pint of beer—I have never seen Noon there, to my knowledge—Sutters has been there at times with persons—I never take particular notice who parties come in with—it is not my business, as long as they conduct themselves properly while they are in my place—he has been there with other per—sons—I cannot say whether they were his companions—I cannot say whether he had been there on the day before this—I am generally out all day on Saturday, in fact every day—I am only at home a little of a night—he was in the up-stairs room on this evening—it U a sitting-room, where we have a little bit of a concert of a night, and on a Sunday even—ing a few friends meet there to spend their time—I do not know about do not being his friends—they get acquainted with one another there—we do not have music on a Sunday evening, nor any dancing—there are men and women there of course—a man may come with his wife, and have half a pint of beer—I do not allow prostitutes to come to the house—if I see a had character, man or woman, come to my place, I tell them to walk out, or I will give them in charge—I do not exactly inquire into their cha—racters, but as soon as I find they are bad characters it is my duty to torn them out—I never discovered that Sutters was a person of bad character—I believe he is not—I do not exactly say he is a good character, or a bad character—I do not know what he is—I do not know anything of his cha—racter.</p>
<hi rend="italic">Q.</hi> Have not the police frequently visited your house, and taken people from it?
<hi rend="italic">A.</hi> I believe about once—I will not swear it was only once, they have not frequently done so since we have had it—about once, and</p>
<xptr type="pageFacsimile" doc="184412160048"/>
<p>not more, to my recollection—I would not swear it, because very likely people may come when I am out, and I may not hear anything about it—I have never heard that that has happened many times—it has happened once when I was there—a policeman called me to the door and said, "I believe there is a party up stairs I want"—I said, "Very good, I shall be obliged to you to come up," and he came and took him out—I deal in building materials—my partner and I have a timber yard in Wbitecross—street—we buy old materials, or anything—it is not a marine-store shop—I go to sales, and buy what I think is worth my money—I do not buy old iron, or things of that sort, only wood and bricks and fittings—Satters did not go up stairs directly he came in on this Sunday evening—he was down in the tap-room at first—I was there at that time, and my brother was stairs there with me, nobody else—it was about half-past five o'clock—he stayed in the tap-room, I suppose, till it was getting on towards seven o'clock, then he went into the up-stairs room, and there he sat till about eleven o'clock—we went into the bar to our tea after he came in, but he stopped in the tap-room, and about seven o'clock a few more friends came in, and they wished to go up stairs—the bar is close to the tap—my mother and sister were in the bar—I left Sutters in the tap-room alone when I retired into the bar to tea—I went in to tea directly after he came in—two or three friends came into the tap-room while Sutters was there—one was a friend of my brother's, and the others were neighbours that come to the house—I cannot say who they were—I cannot recollect the name of my brother's friend—I did not keep my eye on Sutters all the time I was at tea—I cannot exactly say who went up stairs first after tea—I went up first to light the gas—that was about five minutes before seven o'clock—I remained there till the people came in, and then I waited on them—they came up directly after I got up, about five minutes after—Sutters and several others came up—I was up and down stairs waiting—I took the order for what was wanted, and brought it up—they ordered a pot of stout for three people together, a friend of my brother's, another one, and the prisoner, the party that had been down in the tap—I stopped with then a few minutes, and then came down again and went to the bar—I went up again when other persons came in—I suppose twenty or thirty per—sons came in that evening—they were drinking and smoking, and so on—I waited on them—when anybody wanted anything I went down and got it—I stopped up in the room till they wanted something else—my brother is not here, nor my sister or mother—my brother's friend is here—he has something to do at the theatres, the same as my brother—he is at the Olympic—I do not know what he is there—we have a clock just facing the bar.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-207" type="witnessName">
<interp inst="t18441216-name-207" type="gender" value="male"/>
<interp inst="t18441216-name-207" type="surname" value="MERRYWETHER"/>
<interp inst="t18441216-name-207" type="given" value="CHARLES"/>CHARLES MERRYWETHER</persName> </hi>. I am employed as a dancer in the
<hi rend="italic">ballet</hi> at the Olympic theatre, and reside at No. 34, Appleby-street, Pearson-street, Kingsland-road. On Sunday, the 24th of Nov. last, I left my residence before seven o'clock, and went to a friend's house about ten minutes' walk from where I live—I got there about five minutes to seven—it was to the King's Head—I took notice of the clock as I came out of my own house—I remained at the King's Head till eleven o'clock—I saw the prisoner Sut—ters there when I first went in—he was in the tap-room, and I saw him there all the evening till eleven o'clock, except leaving the room for a minute or two at the time, or it might be three or four minutes—I think he remained in the lower room about an hour—we generally go up into</p>
<xptr type="pageFacsimile" doc="184412160049"/>
<p>the upper room on a Sunday evening—there is more company there—he never left the room beyond three or four minutes.</p>
<hi rend="smallCaps">MR. COBBETT</hi>.
<hi rend="italic">Q.</hi> When first you got to this place you found the prisoner down stairs?
<hi rend="italic">A.</hi> Yes—we went up stairs perhaps in the course of an hour after—I cannot say exactly the time—we all went up stairs together, all that I found in the tap-room—I found the prisoner and one or two more there when I went—I did not take particular notice who—they were parties that frequent the house—I do not know who or what they were—there might have been three or four persons—I cannot say how many went up from the tap into the upper room—I did not notice how many were in the lower room—the whole of us went up stairs—there might have been a dozen—the prisoner was among them—I do not know whether Thomas Sheil went up with us—he was going up and down for refreshment and so on—I found one or two parties up stairs when I got there, two or three friends together—they had not been in the lower room I believe—I did not see them come up, and had not seen them below—there were three or four—I had heard some parties come in, but did not notice who they were, and I suppose it must have been them—the gas and fire was alight—I did not notice whether Sheil was there when 1 got up—I had spoken to him in the bar I think—the bar is before you get to the tap-room—when I first entered the house I stood at the bar, and spoke to Sheil—I said, "Good evening," or something—I think his mother was in the bar—I spoke about the weather, or something of that sort—I am sure it was Sheil, the landlord, I spoke to—he was not employed about anything par—ticularly, merely waiting there for anybody to come in—I cannot say posi—tively whether his mother was there—I took no particular notice—I go into the house frequently, and do not notice things of that sort particularly—it is not like a strange house—I spoke to sheil, and I think I saw his mother—he was standing about promiscuously, waiting for anybody to be served—tea was over I believe—I saw no tea thing—I can not call to mind whether his sister was there—I do not exactly know whether I saw his brother that evening—I thing I saw him at the latter part of the evening, towards ten o'clock—he is my particular friend—I merely go there to see his brother—I am intimately sequainted with him—I do not know sheil himself, no more then keeping the house—I did not see the brother before ten o'clock—I do not exactly know when he came in—he might have come in before—I did not find him there when I first got there—I found three or four parties there—I staid about an hour town stairs, and at the end of that time, when the company got to about a dozen, we all went up stairs together—we generally go up there of an evening—it is more comfortable than the tab-room—we found it lighted up, and three or four persons there—sheil's brother is in the
<hi rend="italic">ballet</hi> at Drury-lane theatre—Sheil's is a respectable house—I know nothing of any wrong conduct going forward there—it is like most other houses of that description, I suppose, a beer-shop—I never saw any dancing there—I have seen females there, respectable looking females—I never was insulted in the house—it is not my business to inquire into the characters of the persons—I have known Sutters above a twelvemonth—I do not know what he is—I merely know him by seeing him in there, passing the time of day, and making any re—mark of that kind—he always behaved civilly to me, and I always saw him conduct himself with propriety—I have seen him speak to two or three persons there, who I should suppose knew him.</p>
<xptr type="pageFacsimile" doc="184412160050"/>
<hi rend="smallCaps">MR. MELLOR</hi>.
<hi rend="italic">Q.</hi> When you got there it was about seven o'clock?
<hi rend="italic">A.</hi> I came from my residence at twenty minutes to seven, and it is about ten minutes' or a quarter of an hour's walk—I did not take particularly heed of the number of persons I met there on the night in question—it is sheil's brother with whom I am acquainted—I comparatively know very little of Sheil himself, but I believe him to be a respectable person.</p>
<hi rend="largeCaps">NOON</hi>
<hi rend="smallCaps">
<rs id="t18441216-214-verdict-1" type="verdictDescription">
<interp inst="t18441216-214-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18441216-214-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 19.—
<hi rend="italic">
<rs id="t18441216-214-punishment-15" type="punishmentDescription">
<interp inst="t18441216-214-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18441216-214-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-214-18441216 t18441216-214-punishment-15"/>Confined Twelve Months</rs> </hi>,</p>
<hi rend="largeCaps">SUTTERS</hi>
<hi rend="smallCaps">
<rs id="t18441216-214-verdict-2" type="verdictDescription">
<interp inst="t18441216-214-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18441216-214-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
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<interp inst="t18441216-213a" type="uri" value="sessionsPapers/18441216"/>
<interp inst="t18441216-213a" type="date" value="18441216"/>
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<persName id="def1-213a-18441216" type="defendantName">
<interp inst="def1-213a-18441216" type="gender" value="male"/>
<interp inst="def1-213a-18441216" type="age" value="52"/>
<interp inst="def1-213a-18441216" type="surname" value="EWEN"/>
<interp inst="def1-213a-18441216" type="given" value="BENJAMIN"/>
<hi rend="largeCaps">BENJAMIN EWEN</hi> </persName> was indicted
<rs id="t18441216-213a-offence-1" type="offenceDescription">
<interp inst="t18441216-213a-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18441216-213a-offence-1" type="offenceSubcategory" value="theftFromPlace"/> for stealing, on the
<rs id="t18441216-cd-12" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18441216-213a-offence-1 t18441216-cd-12"/>12th of Feb</rs>., at
<placeName id="t18441216-geo-6">
<join result="offencePlace" targOrder="Y" targets="t18441216-213a-offence-1 t18441216-geo-6"/>St. George's, Hanover-square</placeName>, 12 forks, value 7
<hi rend="italic">l</hi>., the goods of
<persName id="t18441216-name-209" type="victimName">
<interp inst="t18441216-name-209" type="gender" value="male"/>
<interp inst="t18441216-name-209" type="surname" value="COX"/>
<interp inst="t18441216-name-209" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-213a-offence-1 t18441216-name-209"/>Charles Cox</persName>, in the dwelling-house of
<persName id="t18441216-name-210" type="victimName">
<interp inst="t18441216-name-210" type="gender" value="male"/>
<interp inst="t18441216-name-210" type="surname" value="COX"/>
<interp inst="t18441216-name-210" type="given" value="RICHARD HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-213a-offence-1 t18441216-name-210"/>Richard Henry Cox</persName>; to which he pleaded</rs> </p>
<hi rend="smallCaps">
<rs id="t18441216-213a-verdict-1" type="verdictDescription">
<interp inst="t18441216-213a-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18441216-213a-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>.</p> </div1>
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<interp inst="t18441216-214a" type="uri" value="sessionsPapers/18441216"/>
<interp inst="t18441216-214a" type="date" value="18441216"/>
<join result="criminalCharge" id="t18441216-214a-charge-1" targOrder="Y" targets="def1-214a-18441216 t18441216-214a-offence-1 t18441216-214a-verdict-1"/>
<persName id="def1-214a-18441216" type="defendantName">
<interp inst="def1-214a-18441216" type="gender" value="male"/>
<interp inst="def1-214a-18441216" type="age" value="52"/>
<interp inst="def1-214a-18441216" type="surname" value="EWEN"/>
<interp inst="def1-214a-18441216" type="given" value="BENJAMIN"/>
<hi rend="largeCaps">BENJAMIN EWEN</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18441216-214a-offence-1" type="offenceDescription">
<interp inst="t18441216-214a-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18441216-214a-offence-1" type="offenceSubcategory" value="theftFromPlace"/> for stealing, on the
<rs id="t18441216-cd-13" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18441216-214a-offence-1 t18441216-cd-13"/>28th of May</rs>, at
<placeName id="t18441216-geo-7">
<join result="offencePlace" targOrder="Y" targets="t18441216-214a-offence-1 t18441216-geo-7"/>St. Marylebone</placeName>, 1 tea-pot, value 6
<hi rend="italic">l</hi>., the goods of
<persName id="t18441216-name-212" type="victimName">
<interp inst="t18441216-name-212" type="gender" value="male"/>
<interp inst="t18441216-name-212" type="surname" value="LENNOX"/>
<interp inst="t18441216-name-212" type="given" value="CHARLES GORDON"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-214a-offence-1 t18441216-name-212"/>Charles Gordon Lennox, Duke of Richmond</persName>, in his dwelling-bouse; to which he pleaded</rs> </p>
<hi rend="smallCaps">
<rs id="t18441216-214a-verdict-1" type="verdictDescription">
<interp inst="t18441216-214a-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18441216-214a-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>. Aged 52.—
<hi rend="italic">
<rs id="t18441216-214a-punishment-16" type="punishmentDescription">
<interp inst="t18441216-214a-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18441216-214a-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-214a-18441216 t18441216-214a-punishment-16"/>Confined Twelve Months</rs> </hi> </p> </div1>
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<interp inst="t18441216-215" type="uri" value="sessionsPapers/18441216"/>
<interp inst="t18441216-215" type="date" value="18441216"/>
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<persName id="def1-215-18441216" type="defendantName">
<interp inst="def1-215-18441216" type="gender" value="female"/>
<interp inst="def1-215-18441216" type="age" value="20"/>
<interp inst="def1-215-18441216" type="surname" value="DAVISON"/>
<interp inst="def1-215-18441216" type="given" value="MARGARET"/>
<hi rend="largeCaps">MARGARET DAVISON</hi> </persName> was indicted
<rs id="t18441216-215-offence-1" type="offenceDescription">
<interp inst="t18441216-215-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18441216-215-offence-1" type="offenceSubcategory" value="theftFromPlace"/> for stealing, on the 14th Dec., 3 gowns, value 2
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>.; 3 sheets, 1
<hi rend="italic">l</hi>.; 4 yards of diaper, 3
<hi rend="italic">s</hi>.; 1 quilt, 2
<hi rend="italic">s</hi>.; 2 pairs of ear-rings, 14
<hi rend="italic">s</hi>.; 1 brooch, 5
<hi rend="italic">s</hi>.; 1 ring, 7
<hi rend="italic">s</hi>.; 1 pillow
<lb/>case, 1
<hi rend="italic">s</hi>.; 1 table-cloth, 18
<hi rend="italic">s</hi>.; 1 blind, 9
<hi rend="italic">d</hi>.; 1 sovereign, 1 half-sovereigin, and 1 half-crown, the goods and monies of
<persName id="t18441216-name-214" type="victimName">
<interp inst="t18441216-name-214" type="gender" value="male"/>
<interp inst="t18441216-name-214" type="surname" value="REIS"/>
<interp inst="t18441216-name-214" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-215-offence-1 t18441216-name-214"/>George Reis</persName>, in the dwelling-house of
<persName id="t18441216-name-215" type="victimName">
<interp inst="t18441216-name-215" type="gender" value="male"/>
<interp inst="t18441216-name-215" type="surname" value="BRUCE"/>
<interp inst="t18441216-name-215" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18441216-215-offence-1 t18441216-name-215"/>James Bruce</persName> and others.</rs> </p>
<hi rend="smallCaps">
<persName id="t18441216-name-216" type="witnessName">
<interp inst="t18441216-name-216" type="gender" value="male"/>
<interp inst="t18441216-name-216" type="surname" value="REIS"/>
<interp inst="t18441216-name-216" type="given" value="GEORGE"/>GEORGE REIS</persName> </hi>. I live as porter at No. 34, Abchurch-lane. It is a house of business, in which several gentlemen have offices—on Saturday evening, the 14th of Dec., about a quarter to five o'clock, I was going up­ stairs from the bottom of the house, and heard a noise proceeding from the third floor back-room, and upwards to the attic—I proceeded up to the third floor, and looked into the bedroom, which is occupied by myself, my wife, and family—(we live in the kitchen, on the second floor)—I then heard a rustling noise, as if some one was making a quick retreat into the attic, and' on opening the attic door I found the prisoner there—before I spoke, she said, "It is me, sir"—I had never seen her before—I asked how she came there, or what brought her there—she said she came a few, or three miles west—I interrogated her a long time, but could get no in
<lb/>formation formation from her—I found in the attic three linen sheets, one pillow
<lb/>case, a table-cloth, three gowns, and a child's diaper pinafore, which were my property, bundled up together in a wrapper belonging to the prisoner—they had been taken from my bedroom—the house belongs to Mr. James Bruce, Buxton, and Co.—there are three or four partners—they transact business there—one other gentleman occupies one room on the first floor—all the upper part is private, and is occupied by myself—a clerk sleeps in the house—I am there as the servant of Mr. Bruce—he pays me—Mr. Buxton, one of the firm, put me into the house—I am keeping the house for them—the room in which this property was found is occupied by me as a bedroom—the door of my bedroom is gene
<lb/>rally left on the latch.</p>
<hi rend="italic">Prisoner.</hi> When I went up, the room door was standing open, and the</p>
<xptr type="pageFacsimile" doc="184412160051"/>
<p>things laid on a chair; I picked them up, and he caught me on the stairs; he said before that I took a work-box.</p>
<hi rend="italic">Witness.</hi> I caught her in the attic—when I opened the door, she stepped forward from the far corner, where the bundle was, and said, "It is me, sir"—the workbox was removed from the drawers on to the tab, and the front end of the table cover was thrown over it—with the exception of the work-box, all the things had been in drawers.</p>
<hi rend="smallCaps">
<persName id="t18441216-name-217" type="witnessName">
<interp inst="t18441216-name-217" type="gender" value="male"/>
<interp inst="t18441216-name-217" type="surname" value="HUGOETT"/>
<interp inst="t18441216-name-217" type="given" value="JOSEPH"/>JOSEPH HUGOETT</persName> </hi> (
<hi rend="italic">City police-constable, No</hi>. 484.) I was fetched by Reis, who said there was a female in his house—I proceeded there with him, and found the prisoner in the attic with this bundle of clothes—I took her into custody—I found a quantity of duplicates about her, all relating to wearing apparel.</p>
<hi rend="italic">Prisoner.</hi> I belong to Newcastle. I came up by the steam-packet, and as I came out, I had my pocket picked of 9
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.; I pawned all my things; I was hungry, and finding this door open, I went in to see if I could get something to keep me from starving; the duplicates are for my own clothes, which I brought from Newcastle with me.</p>
<hi rend="smallCaps">
<rs id="t18441216-215-verdict-1" type="verdictDescription">
<interp inst="t18441216-215-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18441216-215-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY</rs> </hi>. Aged 20.—
<hi rend="italic">Recommended to mercy</hi>.</p> </div1>
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<persName id="def1-216-18441216" type="defendantName">
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<interp inst="def1-216-18441216" type="age" value="20"/>
<interp inst="def1-216-18441216" type="surname" value="DAVISON"/>
<interp inst="def1-216-18441216" type="given" value="MARGARET"/>
<hi rend="largeCaps">MARGARET DAVISON</hi> </persName> was again indicted
<rs id="t18441216-216-offence-1" type="offenceDescription">
<interp inst="t18441216-216-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18441216-216-offence-1" type="offenceSubcategory" value="simpleLarceny"/>for stealing, on the
<rs id