FIFTH SESSION, HELD AT JUSTICE HALL, IN THE OLD BAILEY, ON THURSDAY, THE 27th DAY OF MAY, 1830, AND FOLLOWING DAYS.
TAKEN IN SHORT-HAND,(BY AUTHORITY OF THE CORPORATION OF THE CITY OF LONDON) BY H. BUCKLER.
London: PRINTED FOR H. BUCKLER, BY STOKES & TITTERTON, No. 74, CORNHILL; AND PUBLISHED AT G. HEBERT'S LIBRARY, NO. 88, CHEAPSIDE.
Before the Right Honourable JOHN CROWDER , LORD MAYOR of the City of London; the Right Honourable Sir Joseph Littledale , Knt., one of the Justices of His Majesty's Court of King's Bench; Sir John Vaughan , Knt., one of the Barons of His Majesty's Court of Exchequer; John Ansley , Esq.; George Scholey , Esq.; John Atkins , Esq.; John Garratt , Esq.; and William Thompson , Esq.; Aldermen of the said City; Newman Knowlys , Esq., Recorder of the said City; John Key, Esq., and William Taylor Copeland , Esq., Aldermen of the said City; Thomas Denman , Esq., Common Sergeant of the said City; William St. Julien Arabin , Sergeant at Law; His Majesty's Justices of Oyer and Terminer of the City of London, and Justices of the Gaol Delivery of Newgate, holden for the said City and the County of Middlesex.
CROWDER, MAYOR. - FIFTH SESSION.
First London Jury - Before Mr. Recorder.
1032. WILLIAM NORTON was indicted for stealing, on the 28th of April , at St. Botolph without, Bishopsgate, 28lbs. of tea, value 7l.; 28 lbs. of coffee, value 2l. 5s., and 1 bag, value 1s., the goods of James Kimber , in his dwelling-house .
WILLIAM LORD. I am in the employ of James Kimber , a wholesale tea-dealer , of No. 42, Bishopsgate without, which is in the City, and in the parish of St. Botolph without, Bishopsgate - he has no partner; the warehouse is part of the dwelling-house, and has an internal communication with it. I was in the warehouse on Wednesday, the 28th of April, about half-past eight o'clock in the evening - the half-door was open; I saw the prisoner with a bag - he was a perfect stranger: I saw him walking out of the warehouse with a bag on his right shoulder- I had been in the warehouse all the afternoon and evening; I had not seen him come in - I followed him to the corner of New-street, collared him, and told him he had stolen that bag from some premises a little below- he replied that he was carrying it for a person, and was to receive a shilling; he put the bag down, stood still for a few seconds, and then forced himself from me - I followed him, calling Stop thief! and never lost sight of him; a person coming along put his foot before him, and threw him down - he was secured; the bag is my master's, and had been packed up the day before, ready to go into the country; it has not been opened since - it is here - I am quite sure I saw him in the warehouse.
Prisoner. I made no resistance. Witness. He forced himself out of my grasp - he did not strike me.
GEORGE WRIGHT . I am porter to Mr. Kimber. I know this bag; I packed it up - it contains 28 lbs. of tea and 28 lbs. of coffee: it has a direction on it - the young man who wrote that is not here; I know his hand-writing - I put the quantity I have mentioned into the bag, directed to James Gilman , Canterbury; it was to go next morning.
THOMAS PETCH . I am warder of the watch and patrol of Bishopsgate without. I was passing along on Wednesday, the 28th of April, in company with Martin, a patrol, and observed a crowd round Mr. Kimber's door - I found the prisoner had been taken; he was given into my charge, and the patrol took the property.
Prisoner's Defence. I was walking along Bishopsgate-street, and a very respectable young man, (as I informed the gentleman when he took me,) asked me to carry this parcel for him, and he would give me 1s.; I said I was not against earning 1s. - he said it was to go down Houndsditch, which was in my way home, and directly he put it on my shoulder the gentleman came up and took me; I gave him a description of the gentleman, and made no resistance, but went back to the shop with him.
JURY to WILLIAM LORD . Q. Have you valued the tea at the cost or selling price? A. At the selling price - I should think Mr. Kimber could not have bought it under 9l. - it is fine strong Congon tea, at 5s. 6d. a pound- it fetched 2s. 6d. or 2s. 7d., without duty, at the sale; it could not be got at the India-house for 5l. or 6l., I am positive - here is the invoice and permit in the bag.
One witness gave the prisoner a good character.
[Monday, May 31.] GUILTY - DEATH . Aged 25.
First London Jury - Before Mr. Common Sergeant.
1033. THOMAS BROWN and JOHN CRAWLEY were indicted for that they, on the 23rd of April , at St. Sepulchre , in and upon John Childs unlawfully, maliciously, and feloniously did make an assault, and unlawfully, maliciously, and feloniously did stab and wound in and upon the left cheek, with intent feloniously, wilfully, and of their malice aforethought, to kill and murder the said John Childs ; against the Statute.
3rd COUNT, stating their intent to be to do him some grievous bodily harm.
MESSRS. BARNABY and BULLOCK conducted the prosecution.
WILLIAM MARLBOROUGH . I deal in potatoes. On the 23rd of April I was coming through Smithfield, between four and five o'clock in the afternoon, and saw the prisoner Crawley following a boy with a box, and I was closely followed by Brown; I stopped and looked into a shop; Brown
"Do you want me?" I said No - I then walked on, and he followed me; I still saw the boy with the box, and Crawley trying to take it from him - I went into St. John-street, and could not get across; I there saw the prosecutor, and spoke to him - this was about one hundred yards from where I first saw the prisoners.
Cross-examined by MR. PHILLIPS. Q. Did you strike any body? A. No.
JOHN CHILDS . I live at No. 34, Great Sutton-street. On the 23rd of April I met Marlborough in Smithfield, and spoke to him; Crawley was attempting to steal a box from a boy, and Brown was following him; when he found we were watching them, Brown tapped Crawley on the shoulder, and called him away - Marlborough then went away, and I went towards Smithfield; while I was there the prisoners came up to me arm-in-arm, and Brown said,
"What bl - y cove was that you were speaking to?" I said a neighbour - he said, "He is a bl - y nose, and so are you, you b - r; I will shove out your bl - y eye for you; and if the other b - r was here I would serve him the same;" Crawley then said, "Punch the b - r's bl - y head about," and just as I turned the corner, Crawley struck me twice over the head with his fist, and my hat fell off; I went to pick it up, and a boy not above a handfull high struck me under the chin, and one of the party said,
"You b - rs go to work;" Brown jobbed his umbrella against my face, and it went through into my month - I gave both the prisoners in charge; a person named Stevens collared Brown till the officer came and took him - I went to the hospital; this happened about half-past four o'clock.
Cross-examined. Q. You gave no bad language? A. No, I never said a word; I could not - I did not say a word; there was a great crowd of people - there are persons here who saw it; I gave them no provocation -I do not know whether Brown was drunk; I cannot say whether he was or not - he might be; Crawley appeared to be drunk - Brown might be in liquor; he was a little in liquor - he was not so much in liquor but he knew what he was about; I had never known him in my life before - he had no quarrel against me; I never said a single word from beginning to end.
Crawley. Q. Why did you not give me into custody when I hit you? A. Because you struck me, and I was wounded at the same time with the umbrella.
Crawley. I was standing looking on, and the officer took me - I know nothing of the transaction.
HENRY COLEMAN . I am a drover. I was in Smithfield, and met the two prisoners and the prosecutor against the Bull's Head; the prisoners appeared to be stopping the prosecutor, and just as they turned the corner, Crawley struck him on the head - Childs had a pail in his hand, and he put it up to keep Crawley away from him; Brown in the meantime came up and jobbed his umbrella right through his cheek; this was done directly- there was some language used by Brown, but I did not hear it; a butcher held Brown, and the officer came in three or four minutes.
Cross-examined. Q. How near were you? A. About eight yards; I did not hear Childs say any thing - he did not appear to me to be speaking; I was standing by him while he was giving his evidence, but did not listen - I do not give my evidence by what he said; I was not noticing what he said to give my evidence by it - he did not say one word about having the pail; it was an old pail - he held it before him; he did not appear to be making a blow at Brown, nor at the other - he made no blow; Crawley was right before him - I will not swear it did not touch him; they appeared both to be in liquor, and Crawley more in liquor than Brown - I have no doubt they were both in liquor.
JOHN VINN . I am an officer. I took Brown on the 23rd of April - I saw Childs standing by the Bull's Head, with his face severely cut; I went to the bars, and Crawley came up to me, but he did not interfere with me till I got to Long-lane, and then he pressed the mob against me, and a man not in custody, named Crowder, called out,"You b - rs, cut away, there is not a moment to lose;" he repeated the words, "You b - rs, cut away there is not a moment to lose - the traps are coming."
Cross-examined. Q. This was not Brown nor Crawley? A. No; they did not say a word - Brown endeavoured to get away.
Crawley. I was not taken till I was looking in at the Compter.
JURY. Q. Did they not both appear in liquor? A. Brown did not appear to me the least in liquor - I did not smell his breath; Crawley had been drinking.
JAMES PLEDGER . I am a painter. I was in Smithfield on the 23rd, standing at the corner of the public-house, as you go into St. John-street; I saw the two prisoners come up - one of them had an umbrella in his hand- Crawley said, "I should have had the box, if it had not been for that b-g - ring fellow with the pail - see how I will serve him when he comes round the corner;" Childs was coming round from St. John-street, and as soon as he turned, Crawley struck him on the right side, and directly the other struck him on the left side with the umbrella; this was done directly.
Cross-examined. Q. Have you stated all you saw? A. I have stated all that has been asked - I saw an attempt to rescue; Crawley hit him first, and Brown immediately after - he did nothing in the meantime of any kind or sort; he did not put up any pail - he had not time to put it up; he was carrying it before him - there was another man in the crowd, who struck him as he was in the act of falling; Crawley seemed to sham a little, but he did not appear to be drunk; I smelt Brown's breath in the office; he was not at all in liquor - that is my impression; the reason I did so, was because Crawley appeared to be drunk, but when inside he did not appear so - I did not smell him, because I considered he had shammed it; I smelt Brown because I thought he might say he was in liquor - I did not smell Crawley, because I went to take the prosecutor to the hospital; Brown would not be searched by the officer, and I took hold of him that he might be searched, and smelt him.
Crawley. I was looking inside like the other people, and the officer came and took me; I never hit the man at all.
Cross-examined. Q. Did it appear to be done with a blunt instrument? A. I should think not; if it had been a blunt instrument the parts would have been contused; it was not a severe wound.
Brown's Defence. They have stated quite different to what they stated against me; the officer stated he followed me up St. John-street - I am very sorry it happened; it was done in the heat of passion.
Crawley's Defence. I was standing looking in at the crowd, and they dragged me in; I was in liquor it is true when I was taken.
BROWN - GUILTY - DEATH . Aged 35.
CRAWLEY - GUILTY . - DEATH . Aged 18.[Tuesday, June 1.]
First Middlesex Jury - Before Mr. Justice Littledale.
1034. THOMAS GARLAND was indicted for stealing on the 28th of April , at St. George, Hanover-square, 2 rings, value 16l.; 1 purse, value 1s.; 6 sovereigns, and three 10l. Bank-notes, the property of Eliza Lucy Vestris , in her dwelling-house ; against the Statute; and CHARLES GARLAND was indicted for feloniously receiving the said goods, well knowing them to have been stolen .
ELIZA LUCY VESTRIS . I live at No. 1, Chapel-street West, May-fair, in the parish of St. George, Hanover-square - it is my own house. The prisoner Thomas Garland came into my service as footman , early in February I think; he went with me to Drury-lane theatre on Wednesday, the 28th of April, between eleven and twelve o'clock in the morning - I went in my carriage, and desired him to return about four; the carriage came at four, but he was not with it - I had desired him to bring my basket and a black veil, which were not in the carriage; I went home - he was not in the house; I inquired for my basket - it was pointed out to me, laying on the table- I examined it, and missed from it a purse, which I had left in a bag in the basket and had seen there previous to going out; the bag was still there - the purse contained three 10l. notes, some sovereigns (I do not remember how many) and some silver; I missed two rings from my dressing-table - I had seen them the last thing before I left my room; I had given him the black veil when I got out of the carriage, and he was to bring it back when he returned with the carriage - I had received the 10l. notes on the Saturday previous at Ransom's house, Pall-mall; I went to the door of the banking-house myself - I gave the cheque to Thomas Garland, who went in to receive it, and brought me out six 10l. notes, and two sovereigns; I did not see him after he left me at the theatre, till he was in custody - these 10l. notes were part of what he brought me from the banker's; the other prisoner is his brother, and frequently came to assist him at my house.
ROBERT HENRY LAMB . I am cashier to Messrs. Morland and Co., bankers. Pall-mall - Ransom's is another firm, and their business is carried on in Pall-mall, East. On the 24th of April last, Madame Vestris' servant brought a cheque to Morland's; I believe the prisoner Thomas Garland to be the person I paid the money to; I am not certain of him - he brought a cheque, which is now in the possession of Stephen Price , the lessee of Drury-lane theatre, who was the drawer; I know the person I paid it to was Madame Vestris' servant, having repeatedly paid him money for her - I gave him six 10l. notes, and two sovereigns.
MADAME VESTRIS. The house I went to was Morland's, No. 52, Pall-mall; I thought Ransom's was the same firm - it is my mistake.
MICHAEL GREEN . I live at No. 53, Newington-causeway, Surrey, and am a hatter. I saw both the prisoners at my shop - it was on the 29th of April, to the best of my recollection; it was this day three weeks - it might be this day four weeks; it was on the 29th of April I am certain - one of them wanted a hat; both spoke about it - Thomas Garland bought a hat for 25s., and paid me a 10l. note; I gave him the change, desired him to write his name on the note, and asked him his address - he wrote his name on it; I looked at it afterwards - I gave him the change.
GEORGE AVIS . I am a constable of Marlborough-street. On Saturday, the 8th of May, I saw the prisoners in custody in Giltspur-street Compter - I took Madame Vestris' coachman there to identify them; he pointed them out - nobody told either of them it would be better to confess, or worse if they did not; I told them I would hold out neither threat nor promise to them, and they were not bound to answer me, but I was directed by Madame Vestris to put some questions to them - I first asked the prisoner Thomas what he had done with the prosecutrix's two gold rings, one a diamond, and the other an emerald set with six diamonds; he said he had lost them out of his coat pocket the first day that he went away - I then asked what he had done with Madame Vestris' black face veil; he said he had pledged it at Philimore's, in the Old Kentroad for 10s.; I asked what he had done with the purse which the money was in, and the duplicate of the veil - he said he had thrown them both away in the Old Kent-road; I then asked what money it was he had stolen - he said three 10l. notes, six sovereigns, and some silver; I took the hat off his head, and asked if he had not bought that at a hatter's in Newington-causeway, left his old hat behind, and changed a 10l. note to pay for it; he said, Yes - I asked if he had not written on the note, "Thomas Garland, near the Swan, Old Kent-road;" he said he had - I asked if 4l. 13s. 6d., which is all that was found on him, was all he had left out of what he had taken away; he said, Yes, On Sunday, the 9th, I went to the Compter again, by direction of Madame Vestris, and saw Thomas first; I did not threaten or make him any promise - I told him Madame Vestris was very uneasy about her rings, and if they were not lost, to tell me where I could find them; he again said he had lost them out of his pocket the first day he left; I asked if he had changed any of the notes himself at the Bank; he said No, he had got a porter to change one of them for him - I took out the notices I had received from the Bank, of the notes having been stopped, and asked if he had given the porter the name of " Thomas Jones , No. 14, Kent-road;" he said he did - I showed him the notice, and another letter which I had about the hat; I asked what he could have done with all the moneyGeorge Stanbury , No. 33, Curzon-street, May-fair;" he said, Yes - I asked if his brother Thomas told him to give that address- he said he did; I had previously inquired at No. 33, Curzon-street, and found no such person lived there. On the Monday following I received charge of them at Marlborough-street, and as I was locking Thomas up (I did not either threaten or promise him) he said one of the rings could be recovered, but the other it was of no use to look for - he then told me he had thrown one ring into the dust-hole at the watch-house, and the other he had thrown away in the street, opposite the Compter, on being taken there - I had the dust-hole at the watch-house searched, and the ring was brought to me; I have it here - this was on Monday, the 10th of May; I forgot to say that I asked Charles on Sunday, if he knew how his brother came by the money - he said Yes, of course he did; those were his words - I asked why he did not advise his brother better, when he knew how he got it; he replied, "What could I do?" that is all that passed -I went on the Monday morning to the pawnbroker's, with the lady's maid, who identified the veil; I produce the hat and a ring set with six diamonds; neither of the prisoners read the notices or the letter, but I had them in my hand when I asked the questions; the hatter had given the old hat away.
GEORGE DYER . I am a Bank clerk. I produce three 10l. notes, Nos. 12,575 and 12,576, which were paid in on the 28th of April, and No. 12,577 paid in on the 30th of April - neither of them were paid to me, but I have marked on them the date they were paid in; it is my business to do that - a person paying in a note invariably writes his name and address on it.
ROBERT HENRY LAMB . I know these notes; they correspond with the numbers I paid Madame Vestris' servant on the 24th of April; I have a memorandum here, which I took from the book in which I entered the numbers at the time I paid them - I made the extract from the book myself about a fortnight ago. These are the notes I paid Madame Vestris' servant; they correspond in number, date, and amount.
MICHAEL GREEN . This is the hat I sold Thomas Garland ; I know it by the trimming, and by the mark, and my own name in it - I have no doubt of it; this note(No. 12,577) is the one he gave me, I am certain - he wrote this name on it, and here are my initials on it, and the date, 29th of April, in Mrs. Green's writing; I sent it to my banker's that day - I did not know the prisoners before, but am certain of them both.
MADAME VESTRIS. This is one of the rings I lost on the 28th of April; I gave 15l. for it - it is worth 9l. or 10l.; it was laying on my dressing-table, on the looking-glass, uncovered; I believe these three notes to be nine, but I do not know them - I made no memorandum of the numbers: the prisoner Thomas Garland went with me to Morland's, and brought me out six 10l. notes and some sovereigns; the prisoner Thomas always conducted himself well - I received a good character with him.
Two witnesses gave Thomas Garland a good character.
T. GARLAND - GUILTY - DEATH . Aged 17.
C. GARLAND - NOT GUILTY .
1035. THOMAS GARLAND was again indicted for stealing, on the 28th of April , 1 veil, value 6l., the goods of Eliza Lucy Vestris , his mistress ; and CHARLES GARLAND was again indicted for feloniously receiving the same, well knowing it to have been stolen .
MADAME VESTRIS. I went to Drury-lane theatre on the 28th of April, at twelve o'clock, and gave the prisoner Thomas my veil there, desiring him to bring it to me at four, when he was to return with the carriage; he did not return, but the carriage came - I went home; he was not at home - I found my veil in pledge.
PETER HAYES . I am shopman to Mr. Philimore, a pawnbroker, of the Kent-road. On the 28th of April the prisoner Charles Garland pawned this black lace veil with me for 10s., in the name of James Lee - I am quite certain of him.
"You have both been to Romford;" they said they had - I said, "What have you done with the veil?" Thomas Garland immediately said it was pawned at Philimore's, Kent-road, for 10s., and he had thrown the ticket away - he did not say who had pawned it; Charles said nothing.(Property produced and sworn to.)
T. GARLAND - GUILTY . Aged 17.
C. GARLAND - NOT GUILTY .[Thursday, May 27.]
First Middlesex Jury - Before Mr. Baron Vaughan.
1036. THOMAS SMITH was indicted for feloniously breaking and entering the dwelling-house of Thomas Johnson , on the 22nd of April , at St. Marylebone, and stealing therein 14 handkerchiefs, value 40s.; 3 brooches, value 30s.; 1 ring, value 15s.; 1 snuff-box, value 2s., and 1 flute, value 4s., his property .
THOMAS JOHNSON . I am a carpenter and builder , and live in Abbey-road, St. John's-wood, in the parish of St. Marylebone ; I am a single man. On the 22nd of April I went out about eight o'clock in the morning, leaving my doors locked and the windows fast; I took the keys, and left nobody in the house - I returned between seven and eight o'clock in the evening, and found a pane of glass taken clean out of the back parlour window, which is about three feet from the ground; somebody must have got over the wall into the garden - the pane was quite large enough for the prisoner to get through -
Cross-examined by MR. PHILLIPS. Q. Are the squares very large? A. Yes; mine is a detached cottage - it is my dwelling-house: I have known the prisoner a long time - I have heard there were several boys playing about there with him; a knife would have cut the putty out - I missed the property on Thursday, the 22nd; I saw the prisoner at the office the day afterwards, I think, or the day after that.
PHILIP WEBSTER . I am an officer of High-street, Marylebone. On Thursday, the 22nd of April, at a quarter to six o'clock, I saw the prisoner in Salisbury-street, near Lisson-grove, about one hundred and fifty yards before me; I think he caught sight of me as soon as I did him, for he kept turning his head round to look at me, and as soon as I believe he convinced himself it was me, he turned down Little Exeter-street, and ran as hard as he could - I ran down Earl-street; both streets lead into Exeter-street; he turned to the right at the end, and I to the left, and met him; I asked what made him run when he saw me - he said he thought I was going to beat him; I asked if I had ever beat him - he said No; I searched his right-hand coat pocket, and found this flute in it, and in his left-hand waistcoat pocket this snuff-box, and inside the box this brooch; I asked how he came in possession of them - he said the flute was his father's, and he had brought it from home; I asked how he accounted for the snuff-box - he said he bought it in Marylebone-lane, and gave 1s. 6d. for it, and the brooch he bought of a boy who works on the dust-heap, and gave him 2d. for it- I then locked him up; I had no information of this robbery at the time, but took him to the office on suspicion that evening - he was examined, but the prosecutor did not appear till the Tuesday, as he was remanded till then.
Cross-examined. Q. Then he did not see him for five days? A. It was Tuesday - the robbery was on the 22nd; I stopped him at a quarter to six o'clock in the afternoon - there were two boys in his company when I met him in Exeter-street, after he had run away - I saw nobody with him when I first saw him, but there might be; I saw nobody else running away - he was not running when I met and stopped him; I found no knife or housebreaking implements on him - a pane of glass could be broken without a knife.
THOMAS JOHNSON. If the glass was broken and pulled out I have no doubt the putty and all would come out together, as it is a new house; any one might have pulled it out - it had been put in about twelve months; I call that new putty - this property is mine: here is the box the flute, and brooch.
Cross-examined. Q. The sixteen handkerchiefs are not found? A. No; I have seen the prisoner about the neighbourhood - his father is a razor grinder: I know the flute by having it in my hands many times and the maker's name; the glass is out of the brooch in the centre.
Prisoner's Defence. I was going across the green about four o'clock; there were a lot of boys playing at spy boy - I asked if I might play; they said Yes - I was going along, and went into the carcase of a house; several more went in - a boy pulled out these things; I said,"Let us look at them;" he said, "You may keep them," and I went home with them; a lot of boys looked at them besides me.[Thursday, May 27.] GUILTY - DEATH . Aged 20.
Second Middlesex Jury - Before Mr. Sergeant Arabin.
1037. JOHN QUIN and JEREMIAH COLLINS were indicted for feloniously assaulting Richard Lawley , in the King's highway, on the 17th of May , at St. George, putting him in fear, and taking from his person, and against his will, 1 hat, value 1s.; 3 half-crowns, 1 shilling, and 1 sixpence, his property .
RICHARD LAWLEY. I am a boat-builder , and live at No. 4, Glass-house-fields, Ratcliff. On the 17th of May, a little after ten o'clock in the evening I was in Vinegar-lane, St. George's in the East ; I had passed the evening at a friend's house in the lane - I had taken a pipe and drop of beer, but was sober; I had my recollection perfectly, and was capable of doing my business - I was going home along the lane, and suddenly received a blow across my eye, which laid me senseless on the ground; I lost my senses - I could not see what the blow was given with, whether it was a fist or stick, for I had no recollection for a moment or two after; some men were coming along, but I had taken no notice of them - I cannot say whether there were two, three, or four, but I think there were three; I have a mark of the blow on my eye now - it is not well yet; all my waistcoat and shirt was covered with blood, and blood was seen on the stones next day: I recovered my senses almost directly, and found myself on my back, and a man on my breast; I directly struggled, and he was away from me in a moment - before this happened I had two or three half-crowns and a shilling or two in my right-hand pocket, and that was gone; I had 14s. 6d. in another pocket, which was not taken -I had a hat on, which was taken from me; there were two receipts in it; I have since seen the hat and the two receipts - they were brought to me next morning; one of the prisoners was taken the same night.
JOHN RAINER . I am a green-grocer, and live in Vinegar-lane. On Monday night, the 17th of May, about ten o'clock, I heard a cry of Watch! Watch! I ran to the door, and another young man that was in my shop ran in the direction the voice came from; I stood at my door for a minute, and saw two young men approach my window, one of them had a hat in his hand, and both had hats or caps on; their heads were covered - the man with the hat in his hand said, "Before they shall take the hat away from me, the b-rs, I will take and job his
WILLIAM SKITTLETHORP . I am pot-boy at the Robart's Arms, Portland-street, about two hundred yards from Vinegar-lane: I lived there a week and three days. On Monday, the 17th of May, about ten o'clock, Quin and the prisoner Collins' sister came in, and had a pint of beer; in about a quarter of an hour Collins came in with a hat on his head and a cap under his arm - when he came in he said to Quin, "Jack, I have found a hat;" Quin said, "Where did you find it?" he said on the dung-hill, and said.
"Shall I sell it;" Quin said, "What do you want for it?" he said, "Oh, I shan't sell it now;" in about five minutes another girl came in - the officer came in, and took Collins and the hat; Quin was taken next day.
Collins. Q. Did I offer the hat for sale? A. You did.
THOMAS SMITH . I am a Police-constable. In consequence of information from a private watchman, I went to the Robart's Arms, about a quarter to eleven o'clock- I had not seen the prisoners; I found them at the Robart's Arms, with two females - I inquired of Collins if he had a hat to sell - he took it up; it was on his left-hand side, on the settle - he said, "Is this it?" I asked what he meant by saying that - one of the females rose up, and said, "Oh, he knows nothing at all about it;" I had said nothing about any robbery or any thing; I told her to mind her own business; she sat down, and the colour came in Quin's face very much - I went to the landlady, made inquiry, and then took Collins with the hat; I found some receipts in it - Collins had a jacket on: I did not search him.
WILLIAM MITCHELL . I am a Police-constable. I apprehended Quin on the 18th, in Stepney-fields, and asked where he was the night before; he said at the Robart's Arms - I asked at what time he was there; he said he did not know exactly - I asked how long he was there before Collins came in; he said about an hour - I asked if he had seen Collins before he came in there; he said he had been with him to Ratcliff-highway, and that he knew nothing of the robbery.
RICHARD LAWLEY. This is the hat I had on; this 2d. and 3d. stamps were in it - they are not receipts; I called Watch! Watch! immediately I came to myself.
Quin's Defence. When he asked if I had a hat for sale, I said No - there was one he said he had picked up coming over the fields; one of the girls said it would do for his mother or father.
Collins' Defence. I did not offer it for sale.
SARAH FORD . I was with Collins - he came along by the turning of the Robart's Arms, a little after ten o'clock, and this hat lay on the dung-heap; he said to me, "What is it?" I said I believed it was a dog - he went and took it up, and said, "It is a hat, shall I take it with me?" I said, "Yes, if you don't, somebody else will," and he took it - the dung-heap is in the turning in Vinegar-lane; he went strait along into the Robert's Arms with it; I went with him, and was there when the Police-man took him out - I had been no where; we came from Bluegatefields - I know Quin; the next witness keeps company with him - I live with my mother, who does needlework for a shop in Smithfield; I get my bread by needlework- I had finished my work, and came out for a walk; Collins asked me to walk with him - I left home about ten o'clock, and went into the public-house between ten and eleven, it was nearer eleven; I have known him for years- I was standing at my door, and he asked me to go to the Robart's Arms with him; they say the prosecutor was knocked down at this turning, but we do not know it - I did not cry "Halves" when the hat was found.
Q. How came you there? A. We were going along, and he asked me to go in and have a pint of beer with him- I knew Ford before, and had seen him that evening at six o'clock, in the highway, between Old and New Gravel-lane; we did not agree to meet at the public-house - I do not know how we met, but suppose they were going along, and he saw this hat, and picked it up; I did not see it till Collins brought it in - I get my bread by needlework, and live with my mother; I had just left off work, was going home, and met Quin - we were in the public-house about half an hour before the hat was brought in; I had been with Quin from eight to ten o'clock.
Q. How came you to say you had just left off work? A. I left off work at eight o'clock, and Quin and I had been standing talking together in the highway, down by where I live.
Q. Standing in one place all that time? A. Yes - we went along the Commercial-road, and he asked me to go in and have a pint of beer with him; it was about ten o'clock when we went into the public-house; I did not hear a cry of Watch! nor see the prosecutor - I did not jump up in the public-house and say he knew nothing at all about it, or any thing of the kind - no such a word was mentioned; I am sure it was not said at all - the hat was not offered for sale at all.
COLLINS - GUILTY - DEATH . Aged 16.
QUIN - NOT GUILTY .[Friday, May 28.]
Second Middlesex Jury. - Before Mr. Sergeant Arabin.
1038. LAZARUS HART was indicted for feloniously breaking and entering the dwelling-house of Lewis Cohen , on the 11th of May , at St. George, and stealing there in 20 pieces of kerseymere, value 2s., and 20 pieces of cloth, value 4s., his property .
Cross-examined by MR. CLARKSON. Q. Have you known his family all that time? A. Yes - I believe them to be respectable people, and always thought him so; I know where his father lived - I rather think he was led into this.
STEPHEN PICKLES . I am a Police-man. I was on duty about a quarter before four o'clock in the morning of the 11th of May, and saw three men crossing the bottom of Rosemary-lane, about four hundred yards from the prosecutor's - two of the men were before the prisoner; the prisoner had got a bundle, and I thought it my duty to see what he had, as I knew the two men to be suspicious characters; I went and asked him what he had got - he said some pieces of cloth which he had purchased the day before: he was going into a house in Mill-yard, Rosemary-lane - I told the man who was letting him in not to let him in, as I thought he had stolen property, and then the man put him out of doors, and I took him in charge - the two men had run away; the prisoner said."It is all right," and said, "I will tell you the truth - the two men who ran away gave me 1s. to carry the bundle to this house;" I said I had no doubt of its being stolen, and as I took him to the watch-house we passed Cohen's house, and the Police-men were there - he was ten or twelve yards from the other men; they looked very suspicious characters.
Cross-examined. Q. Was the prisoner drunk or sober? A. I think he had had a little liquor - he did not seem very drunk: the two men ran away directly I went up - he pointed them out at the time they were running away - I have made inquiry about the prisoner, and understand he is the son of a respectable man, and I have not ascertained any thing at all against him.
Prisoner's Defence (written.) My Lord and Gentlemen of the Jury, - I beg you will receive this as my Defence, and not consider it written by a prisoner as a fabricated story; but for the want of confidence, being overpowered with grief, thinking that I shall be the only cause of making my parents and family wretched, by being inthraled into my present situation by persons whom I had not the least knowledge of. The night the prosecutor's house was broken open (as he stated before the Magistrates) I was at my father's house until eleven o'clock, and had my supper, when I left it and went to my lodgings being obliged to sleep from home, in consequence of the large family), which was about twenty yards from my father's house - when I got there I found the door was locked; I knocked some time, but not being heard by the landlady, I very imprudently walked away, and wandered into a public-house, which I have learned since is the harbour of an organized gang of thieves, whom at that moment I did not know - I sat down, and drank a pint of beer, and in a short time got into conversation with two young men who were quite strangers to me; after setting in the house until two o'clock in the morning, the young men asked me if I would go out for a spree: they were going towards Ratcliff-highway, amongst the girls - I, knowing there were houses of that description in Ratcliff-highway, accompanied them until we came to the corner of Ship-alley, in Ratcliff-highway, when they requested me to stop at the corner two or three minutes - I had not been there more than five minutes, when one of them came running to me, and told me they had had a lark with a girl, and she was after them - he gave me the bundle, and told me to put it into my handkerchief; having no pocket handkerchief, I took my handkerchief from my neck, and wrapped them in - I was running towards the public-house where we had left when I was stopped by a Police-man. It is not reasonable to be supposed that if I was a housebreaker that I should make choice of a house like the prosecutor's to break into, whom I know well, and to have known my family since my infancy - we were educated at one school; the property which was stolen was not worth half a crown, and the whole of the property in the prosecutor's window would not fetch 20s., only consisting of small pieces of cloth, which is of no use to any person excepting to tailors who mend old clothes. I have by my Industry and frugality maintained myself for the last four years, and have assisted my father in supporting a large family of eleven children.
HENRY NATHAN . I have lodged in the same house as the prisoner, at the corner of Peter's-court, Rosemary-lane, for twelve months; his father lives in Rosemary-lane - his family consists of eleven or twelve, and there was not room for the prisoner in the house. I remember his coming home to his lodging on the night of the robbery, between eleven and twelve o'clock - he could not get in, as the landlady was gone to bed; I heard him knock, got up to the window, and told him he could not come in- I never knew him out later than eleven.
HANNAH JACOBS . I live at No 27, Rosemary-lane. The prisoner lodged with me for three years, and Nathan about a year. I went to bed on the night Cohen was robbed, at eleven o'clock; the prisoner usually came home by eleven o'clock; his father lived about twenty-five doors from me, but the family was too large to accommodate him - I heard him knock at the door that night, but I make it a rule never to get out of bed to let a lodger in- he bore an honest and industrious character; I never knew him out so late.
COURT. Q. Did any body except Nathan lodge at your house? A. No - he knocked at the door between eleven and twelve o'clock; I am afflicted with rhenmatism, and never get up - I do not know who lives at Mill-yard, and do not know any body he visited there; it is near a quarter of a mile from my house - I have lived eight years in my house.
ABRAHAM HART. I live in Rosemary-lane, two or three hundred yards from Mill-yard; I was standing at
STEPHEN PICKLES re-examined. He had got inside the door, but it was not shut; when I spoke the man pushed him out - that man was undressed; he said he was promised 1s. to take the bundle to that house - he did not tell me that till after I took him into custody.
Six other witnesses deposed to the prisoner's good character."
GUILTY - DEATH . Aged 20.
Recommended to Mercy by the Prosecutor and Jury, on account of his former good character .
Saturday, May 29.]
Second Middlesex Jury. - Before Mr. Baron Vaughan.
1039. JOSEPH EVANS was indicted for feloniously breaking and entering the dwelling-house of George Cooper Page , on the 25th of May , at St. Margaret, Westminster, and stealing therein 1 watch, value 2l., his property .
JOHN WHARTON. I am shopman to George Cooper Page , a pawnbroker , of No. 1, Glo'ster-terrace, Vauxhall-bridge-road, in the parish of St. Margaret, Westminster . On Tuesday evening, the 25th of May, about half-past eight o'clock, I was in the shop - there were watches and jewellery in the window - I heard a pane of glass break, which was whole before; I looked round, and saw the prisoner at the window in the street - I did not see him do any thing; I had seen the watches in the window all day - there were about six near that pane - he was standing at the window: I immediately went round the counter, and went out - he was then running across the road; I ran after him, and saw him throw a watch from his hand on the pavement, as if he was trying, to throw it down the area - I took hold of him, and took him back to the watch-house; I picked it up, took him back to the shop, and gave him in charge to a Police-man, who came up soon after - the whole transaction lasted scarcely five minutes: it was a very large pane of glass, and was broken quite out - a person outside could reach the watch off the hook; he was scarcely out of my sight, only while I went round the counter.
WILLIAM SCOTT . I was standing in Mr. Kendrick's oil-shop, No. 3, Glo'ster-terrace, where I live, about half-past eight o'clock, and heard a pane of glass smash - I looked out at the door, and saw the prisoner run by the shop as fast as he could, and then cross the road - Wharton came out, and called Stop thief! I ran after him as fast as I could, and got before him - I was going to take hold of him, and he threw a watch out of his hand, and turned round; I am sure I saw him throw it from his hand - I and Wharton took hold of him, and led him back to where the watch lay; Wharton picked it up, and took him back.
RICHARD CASEY . I am a Police-man. Last Tuesday evening I was on duty in Vauxhall-road; I was called into the prosecutor's shop, and took the prisoner in charge with this watch, which I have had ever since.
Prisoner's Defence. I was going along the road, and it began to rain very hard; I ran to get shelter - two men followed and collared me, and said I had stolen a watch; they took me to the shop, and said I had broken a square of glass - the window was full of wearing-apparel. Is it possible for the prosecutor to swear it was me? Could he see through the clothes? I never saw the watch till I saw them with it.
[Saturday, May 29.] GUILTY - DEATH . Aged 25.
Third Middlesex Jury. - Before Mr. Sergeant Arabin.
1040. GEORGE FOGGATT was indicted for feloniously breaking and entering the dwelling-house of Bartholomew Manley , on the 8th of May , at St. Luke, and stealing therein 1 coat, value 2s.; 1 jacket, value 2s.; 1 pair of trousers, value 2s.; 1 bolster, value 2s.; 1 sheet, value 1s., and 1 shirt, value 1s., his property .
JAMES MANLEY . I am the son of Bartholomew Manley, who lives in Wood's-place, in the parish of St. Luke's ; I live there with him - he lets lodgings . On Saturday, the 8th of May, I went out about eight o'clock in the evening, leaving nobody in our room, which is on the first floor front - I locked the door I am sure, I had the key in my pocket; I left every thing safe in the room- the street door was left open for the lodgers; I came in in about half an hour, and as I came into the passage I heard somebody run out of the front room, which I had locked - I had a basket in my hand; the door was a little open - I put the basket down, went to the second floor to get a light, and saw the prisoner sitting on the stairs of the second floor; he had gone up from our room - I asked what he wanted there; he said he wanted the people that lived in that room - he did not mention any name; I went down stairs to the next house but one, and told a woman, who lived there, that a man wanted her mother, as the second floor lodger was not at home - I was not absent two minutes, and came back with Mrs. Edwards and a light; we saw the prisoner come out of the passage with a bundle under his arm - I had left him on the stairs as if waiting for Mrs. Edwards; I said nothing to him, as I thought he knew Mrs. Edwards who was just behind - she went up stairs; another man came in with me; I did not stop the prisoner, as I did not know the things belonged to us; but I had known the prisoner nearly two years, and am certain he is the man; I went up stairs, and found the door unlocked - I am quite sure I had locked it; the bolster and trousers were out of the room, and left on the landing-place where he had sat; a coat, sheet, shirt, and jacket were quite gone, and have not been recovered - I informed an officer, and he was apprehended the same night about a quarter to twelve o'clock; he had a cap on, and seemed in his shirt sleeves or a white jacket when on the stairs, but when he came down he had a blue coat on.
ELLEN MANLEY . I am the wife of Bartholomew Manley , who rents this house. I went out on the evening in question, after six o'clock, and left all the property stated in the indictment secure - I came home about nine, and missed them; the bolster and trousers were left on the stairs.
WILLIAM HOOPER . I am a constable of St. Luke's. I apprehended the prisoner about a quarter to twelve o'clock, at the Black Boy, Whitecross-street, on the night of the robbery - here is the bolster and trousers.
Prisoner's Defence. I went to Newgate-market with my father from seven to nine o'clock; I was with him, had supper, then went to the Black Boy, and was not near this place; but that buy has a spite against me - he was always calling after me "Cock eye!" I once gave him a rap on the head for it, and ever since he had had a spite against me - he sits in the street with onions.
JAMES MANLEY . I have no spite against him; he hit me once in the street, and I was going to give charge of him - that was eighteen months ago; I have had no quarrel with him since - I do not halloo after him in the street; I do not know how he gets his living.
[Monday, May 31.] GUILTY - DEATH . Aged 21.
Third Middlesex Jury - Before Mr. Sergeant Arabin.
1041. JAMES KING was indicted for stealing, on the 17th of May , at St. Mary, Islington, 1 tippet, value 3l.; 1 brooch, value 16s; 2. shifts, value 5s.; 8 yards of printed cotton, value 18s.; 2 shawls, value 3l., and 1 handkerchief, value 1s., the goods of John Kingston , in his dwelling-house .
MARY ANN KINGSTON . I am the wife of John Kingston - we keep a public-house, at Holloway, in the parish of St. Mary, Islington . On the 16th of May, about half-past nine o'clock at night, the prisoner, who was a stranger, came to lodge at our house for the night - I put him into a room on the second floor; we sleep on the first floor - I observed that he brought a bundle, which he carried up to his room, at half-past eleven o'clock, when he went to bed; I got up before eight - I had not locked my bed-room door; I left a child there till about nine - the prisoner came down about ten; he had paid for his bed the night before - I thought his bundle larger than it was at night; he walked into the parlour - I sent the servant up to see that all was right, and as he was going out I wished to see the contents of his bundle - he wished me to go up stairs first to see if I missed any thing; I said I might not miss many things, and wished to see his bundle; first he objected; I sent for an officer, but before came the bundle was opened, and in it was a tippet, a gown-piece, two shifts, two shawls, and a silk handkerchief - I went up stairs, and missed a shawl, which he gave me out of his coat pocket, and a brooch from his trousers pocket - the property is worth much more than 6l.; forty-six keys were found on him.
JOHN HATCHER . I am an officer. I was sent for, and took the prisoner - the property had been found before I came; I found these things in his different pockets, and a watch.(Property produced and sworn to.)
[Monday, May 31.] GUILTY - DEATH . Aged 34.
Second Middlesex Jury - Before Mr. Recorder.
HENRY SOLOMON. I live at No. 53, Strand, in the parish of St. Martin in the Fields , and am a silversmith and goldsmith . On the 20th of May, about twenty minutes before twelve o'clock at night, before I went to bed, I left this silver wine-cooler safe at the extreme end of the counter; every thing was perfectly safe - a man sleeps in the shop; that was the last time I saw it before it was stolen - it is worth 92l.; the house is my dwelling-house; about ten minutes after eight o'clock in the morning, when I came down out of my dressing-room it was gone - this was on Friday, and I saw it at Hatton-garden office on the morning following - I had no doubt whatever of its being the same; I was certain of it - I never saw the prisoner before he was in custody; he was a stranger, and had no business in my shop - I should think he had no
Cross-examined by MR. PHILLIPS. Q. What were you going to add, you should think he had no what? A. I was going to add nothing, that I recollect - I have come here to tell the truth; I have no partner, nor any other name - I live in the house; I do not keep an auction shop - it is as respectable a goldsmith's shop as there is in the Strand; I have never been connected with an auction shop - I never kept one in the Strand; I call this a wine-cooler, it is silver; I received it from Young and Co., of St. Martin's-lane, on Thursday Morning early, and showed it to the Duke of Bedford - it had been in my possession all that day; I have a private mark on it - here is 230 ozs. marked on it, and here is No. 2.; I did not make those marks, but they are sufficient for me to swear to it - I had seen them on it before it was taken from my house.
GEORGE WADDINGTON . I am an officer of Hatton-garden. On Friday morning, the 21st of May, about twenty minutes to nine o'clock, I was standing at the corner of Wilmington-place, Spring-street, Spa-fields, and saw the prisoner coming with a bag over his shoulder; I knew him before - I looked at him, and he at me: I watched him some little distance, and after turning the corner of St. Helena-place, I saw a person (who I had before seen in his company,) knocking at No. 29, St. Helena-place; I did not then know who lived there - the prisoner was going on; he looked round after he had passed the person knocking at the door - he looked back towards where I was; I followed, having suspicion, quickened my pace, and laid hold of his collar - immediately as I laid hold of the bag something pointed came to my hand - it seemed to me to be silver; I knocked at a door opposite, where Duke, my brother officer lived, and took him
Cross-examined. Q. When you asked what was in his bag, did he not tell you it was an article in the way of his trade, as a silversmith? A. No - I stopped him, and asked what he had there; he said, Nothing, immediately, but then said, "I shan't answer any questions;" and when I got him into Duke's house, I said, "Is this your property?" he said, "No, it is yours."
ROBERT DUKE . I am an officer of Hatton-garden. I secured the prisoner - I asked where he lived; he said,"Oh, it is of no use my answering you any questions whatever;" he never told me where he lived - I was present when Mr. Solomon claimed the property.
GEORGE RUSNWORTH . I am a coal-porter, and live at No. 4, Off-alley, Buckingham-street, Strand, nearer to Charing-cross than the prosecutor's shop. Last Friday week, the 21st, as near as could be, five minutes after eight o'clock in the morning, I was standing in George-court, Which joins off-alley, and leads down towards the Adelphi (I was not in sight of Soloman's shop) I saw two men coming down George-court; they the stopped just before they got to the top of the steps - the prisoner is one of those men I am certain, because I took my oath of it before; I took notice of him, and swear now that he is one of the two men - the other man had got a long white bag; before they came down the steps I saw them put something, which looked to me like a silver tankard, into the bag - I was about ten yards off, but the court is very narrow; they were on the top of the steps - I was looking up towards the Strand; I saw them put it into the bag - they came down the court and passed me; I took particular notice of them - it is not possible for me to be mistaken in the prisoner's person; I only just turned round, and when they got to the bottom of the court, they turned up the hill to the left, towards Adam-street, Adelphi - I saw the prisoner on the Saturday at Hatton-garden, and was certain of his person.
JURY. Q. Was it the prisoner or the other man that put the thing into the bag? A. The prisoner, because the other, who held the bag, was a little taller; I am positive he is the man who put it into the bag; the prisoner carried the tankard, and the other the bag; the prisoner put it into the bag.
Cross-examined. Q. What have you said? A. That the other held the bag, and the prisoner put it in; the other looked a darkish man - I do not exactly know whether I should know him again; if I had seen him the next day, perhaps I should have recognized him - I did not suspect any thing; I thought it was curious to have such a thing in the court, but being such respectable dressed men, I took no more notice - I did not notice them for more than two or three minutes; I had my eyes fixed on them both at the same time - it was a long white bag; the other man had a black hat on, I am certain of that - I cannot say what colour his coat was; it was a body coat, I believe, but will not be certain - I cannot say whether I should know him again; I might or might not, it is so long ago - he had dark eyes, and a dark complexion altogether; it was quite light where I was - I do not think the other man squinted; I will swear he did not squint.
Q. Why did you say you thought not? A. Because I was never in a Court of Justice before, and you flurry me; I observed the prisoner as he came down; he pretty well touched me with his arm, and I looked him in the face - I looked at both of them; the prisoner passed me close - they were by the side of one another; I did not observe the colour of the prisoner's coat - there was nothing remarkable about him; I never knew him before, but am certain of him - I took notice of his face; I know very particularly that he had got a very large nose - I took notice of his nose; it was rather a long nose - the prisoner has rather a long nose in my judgment; I do not call it a snub nose, and I know him by his features; he is a slim young man - they were both slim; I gave information of what I had seen before nine o'clock - I happened to see one of Mr. Solomon's men, who had heard that I had heard something of the case; that man is not here - I never saw any thing of the kind in the court before, but as they were such respectable looking young men, I did not suspect any thing till I heard of the robbery; I am sorry to think I mentioned it, as it has got me into trouble - I am sure I have not accused the wrong man; Mr. Solomon's shop is about one hundred yards from George-court.
Q. The young man tells me the received this from some body to carry, are you sure you do not know who gave it to him? A. No, I do not - it is not because I heard he carried the bag, that I swear to him - if I had seen him so soon afterwards I could have sworn to him any where.
JURY. Q. Is this the vessel you call a silver tankard? A. Yes, for I saw so much chasing about it, and I saw this goat - to the best of my belief this is the vessel; I am confident the prisoner is the man I saw put it into the bag.
JOSEPH POPE . I am porter to Mr. Solomon. I know this wine cooler; I saw it safe about two minutes before eight o'clock, on the further end of the counter - I did not see it taken; I was absent from the shop about five hours - I left to go to another establishment in Holborn; it was safe then - I left nobody in the shop; there are two folding doors, which are fastened by a weight against them, and another by a spring - all the doors face the Strand; there is a kind of lobby - the prisoner is a stranger; I never saw him in master's shop - I saw the property at Hatton-garden on Saturday morning, and knew it to be master's.
Cross-examined. Q. How do you know it? A. By the mark of the weight inside the did, 230 ozs. or 320ozs. - I will not be sure which; the figures are 230, but how they are placed I do not know - it may be 320 or 230, and I know it by a mark on the lid, in order to fix it in its proper place; that is the figure 2 on the ridge inside - I cleaned it the morning it was stolen, before I left the premises, and saw that mark - I had the lid off, and was obliged to look for the figure 2 to put it on; I never saw one with the number 2 before - I generally see them marked No. 1; I do not remember seeing any suspicious
JURY. Q. Is that the identical vessel you left on your master's counter that morning? A. I verily believe it to be so.
COURT. Q. Is that a common article? A. I never saw one resembling it in the least; it is of considerable value - it would be worth 5s. an ounce as old silver; I cannot be mistaken in it.
Prisoner. I leave my Defence to my Counsel.
COURT. Q. How did he get his living? A. He worked for me; he knew the value of such articles as this - I should judge he must know the value of it; I never had an article of that size in my possession.
[Tuesday, June 1.] GUILTY - DEATH . Aged 26.
OLD COURT. THURSDAY, MAY 27.
First London Jury. - Before Mr. Sergeant Arabin.
1044. AMELIA ANDERSON was indicted for breaking and entering the dwelling-house of Sarah Mary Harris , on the 27th of April , and stealing 1 watch, value 2l.; 2 silver boxes, value 1l., and 10 silver spoons, value 3l., her property .
SARAH MARY HARRIS . I look after a house for Mr. Edward Frisby Harris , of Piccadilly ; I am under his protection - I do not pay him for lodging there: it is not my dwelling-house; the prisoner lodged there with her mother for about two months, and had left her about a month when this happened - this property was my own, and was in two separate drawers in the first floor front room, which I occupied; she had no business there. On the 27th of April, about half-past nine o'clock at night, I heard a noise two or three times - I went up stairs, and found the drawers open and the property gone; I had been there about an hour before - we found the prisoner on the leads, under the window, with all the property in her bosom; the leads go across to the back of the house under the window - she was quite intoxicated; I sent for an officer, and gave her in charge.
GUILTY (of stealing only.) Aged 16.
Transported for Seven Years .
Before Mr. Baron Vaughan.
JAMES GRANT . I am the son of William Grant , a watchmaker , who lives in St. Martin's-court, Leicester-square - I am thirteen years old. On the 7th of May I went to bed about half-past eleven o'clock; I sleep in a parlour behind the shop - the house has a shop, a back parlour, then a first floor, and a little room at the side of it; there is a window to the staircase - I do not recollect whether that was shut or open; I was disturbed about two o'clock, and thought it was the wind rattling in at the staircase; I listened - it was still for a moment or two; I then got out of bed - there is no door - I sleep nearly opposite the staircase window; I looked round the corner of my bed, and saw a man standing before me- he was on the stairs; I immediately called out loud, and saw him go out at the window, which is about eight feet from the ground - I think he jumped into the yard of the next house, which was under repair; there is a wall between the two yards, about six feet high - I ran up to the second floor front room, to call my father, and saw him coming down stairs; I did not see the man's face - it was moon-light, but I was so frightened I did not observe whether he had a hat on.
WILLIAM GRANT . I rent this house. On the night of the 7th of May my family consisted of my brother-in-law, my wife, the maid-servant, my son, and four other children - I went to bed last, about twelve o'clock; the staircase window was secured by a shutter and two iron bars across; the back and front doors were fastened, and the windows were secure; I was alarmed by my son calling out, and making a very great noise - I burn a light; I got up, lighted a candle, and went down to the first floor - I got a poker, and went down into the shop, but did not discover any thing gone; I did not observe the window, as I came down hastily, but on coming up I found the window-sash drawn up to the top, the shutter removed to the outside, and laid on the tiles of the privy, which is nearly on a line with the window - I went down to call the Police, and by the time I opened the door they had taken the prisoner; they brought him into the house; there is a wall between mine and the next house, which is a public-house under repair - it is empty; a man could get into that house without difficulty from the court, and from there into the yard; the wall is five or six feet high - he could get on that, draw up the window, and put up the shutter, which was inside, by lifting up the bar with an instrument; part of the shutter would come forward, and he easily removed, neither the bar or shutter were broken - the sash had not been hasped - I have a good many clocks and parts of watches in my shop; I missed nothing - I knew nothing of the prisoner before.
Cross-examined by MR. PHILLIPS. Q. Were you the last person up? A. Yes; I fastened the shutters and doors myself - I found the prisoner in custody of Clark, I believe; they said they saw him come out of the door of the empty house - something was said about his coming out of my door; I said No, my door was shut - I believe it was a Police-man said he saw him come out of my door; I do not know his name - there were other Policemen there.
JOHN CLARK . I am a Police-man. I was coming out of Cranbourne-street and crossing Castle-street, about a quarter past two o'clock in the morning, and heard a cry of Stop thief! I went down St. Martin's-court, and heard a cry of Murder! I tried to force the door open next to Mr. Grant's; that is a small haherdasher's shop, which I believe belongs to his house, and is between his door and
Q. Have you always given the same account of this? A. Yes - I never said he came out of the prosecutor's house; I am the only Police-man that saw him come out - I am certain the prisoner is the man; I did not tell the prosecutor I had seen him come out of his door - nor did he say I must be mistaken, for his door was fastened - I do not think the prisoner was searched at all; I saw him taken - there is a shop between Grant's and the empty house; Dean was the sergeant of the section - he was not in the watch-house that night to my knowledge; he might come in without my seeing him - page searched the prisoner, but not in my presence.
MR. GRANT. The haberdasher's shop is divided off from mine, and let to another tenant, who secures his shop inside, and comes through my shop to go out.
Cross-examined. Q. Is there a door from their shop to yours? A. There is; I tried that door after this happened, and it was locked I am sure - I saw the person lock it.
WILLIAM LARKIN . I am a labourer. I was going through St. Martin's-court, and heard a cry of Murder! proceeding from Grant's house - I told the Police-man, who was close behind me; he came up and put his foot against Grant's door, and in the mean time I saw a man run out of the next door, or the next door but one, I cannot say which; as the haberdasher's and the other door are close together - Clark the Police-man directly ran after him; I followed him, and saw a man drop a hat in the broad part of St. Martin's-court; I picked it up, and kept it till I got to the watch-house - I stopped in the court till Clark brought the prisoner back; I marked the hat, and delivered it over to Bates.
Cross-examined. Q. You did not see the prisoner come out of Grant's house? A. No; I was in the shop when the prisoner and Clark were there - I have no recollection of Mr. Grant saying it was impossible he could have come out of his door, for it was fast; we were all sober - I was going to Covent-garden-market; I am sure the Policeman was trying with his foot to get in at Grant's door, and not at the haberdasher's.
HENRY HOWLETT . I am a Police-man. I was in Hemming's-row, heard a rattle spring, and a call of Stop thief! I instantly looked up Castle-street, and saw the prisoner running towards me from St. Martin's-court, without his hat - I crossed and took him; I took him back to Mr. Grant's.
Cross-examined. Q. Did you search him? A. Yes, at the house, and found a bad half-crown upon him, but no implements of housebreaking.
BENJAMIN BATES , I am an inspector of the Police. On the 8th of May I was on duty in St. James' watch-house - he prisoner was brought in without a hat; Larkin brought a hat in shortly after, which he marked and delivered to me - in the morning the prisoner said he had lost his hat; I brought the hat out, and said, "Is this yours?" he said it was, and that he had not got another.
JOHN DEAN . I am a sergeant of the Police. On the 8th of May, between four and five o'clock in the morning, I was passing the prosecutor's - he called me in to see his premises; I found a crow-bar under the back wall of the next house, almost immediately under the back window.
Cross-examined. Q. Did you not examine the prisoner's shoes at the watch-house? A. Yes; I saw the mark of the heel of a shoe in some mortar in the adjoining house - his shoes did not fit or agree with that mark; I did not examine the empty house that night - I was not called in till between four and five o'clock.
COURT. Q. Was the mortar there to repair the premises? A. Yes, just under the back wall between the two houses.
Prisoner's Defence. I own it is my hat; I had drank with a few friends that evening - I was very much intoxicated, and went into the empty house to sleep, but never went further.
BENJAMIN BATES. He was quite sensible, to the best of my knowledge - I considered him quite sober.
NOT GUILTY .
Before Mr. Justice Littledale.
MR. PRICE conducted the prosecution.
CHARLES HOLMES. I live at Potter's-bar, South Mimms , and rent the house; only my wife lives with me. On the 4th of February we went to bed together, about nine o'clock or half-past - the door of the back kitchen was not in a good state, as the hard frost had so altered it I could hardly bolt it - I latched and bolted it as well as I could; but by lifting the latch, and giving it a push, I believe it would open - there was a chest in the back kitchen, which was locked; I got up about seven or eight o'clock in the morning - the back kitchen door was wide open, and I missed from the chest five gowns, two cloaks, a petticoat, two pairs of sheets, a table-cloth, bed furniture, two gold rings, a thimble, and a copper teakettle - I have since seen one ring and a piece of a gown; the motto on the ring was, "When this you see, remember me."
MARY HOLMES . I am the prosecutor's wife. I got up before him, and went into the back kitchen the first thing - I found the door wide open, and part of the things, which had been in the chest on the floor; it was open - it had been locked the night before; I am sure the door was latched the night before, and one bolt went in a little way, as it had done all the winter.
Prisoner. Q. Was I under the hay, or sitting on two trusses? A. You were under the hay: I could not see you till I pulled the hay off - I pulled my pistol out before he asked if I had one; I should have taken him when I met him, if I had not got two other prisoners - he did not give me any gin.
SAMUEL LANGLEY . I was constable of Barnet, and accompanied Walsh and Alder to the prisoner's house on the 26th of April; I found this piece of a gown in a drawer, and a black gown which I have had ever since; I found a ring at Castle's, the pawnbroker, and the duplicate of it in Mrs. Field's possession - Mrs. Holmes claimed the gowns in the prisoner's presence; Mrs. Field claimed the duplicate of the ring, and was loathe to give it up - I got the ring from the pawnbroker, who is not here.
Prisoner's Defence. My wife bought the duplicate of the gold ring for 2s., and the piece of gown she had to make a waistcoat of for William Tripp , who has since been transported - he gave her a red waistcoat to make it by; the ring was pawned at the corner of the New-road - I took it out, brought it home, and gave it to my wife; she said "It just fits me, you won't see this again;" the pawnbroker has been subpoenaed here to-morrow, also a witness who saw Tripp give my wife the gown piece - I did not expect to be tried before Friday, till between ten and eleven o'clock last night.
Q. What makes you fix on the 3rd and 4th? A. That is the time he was with me, and I can say no farther - my husband is a daily labourer; he came to my house to go to Lambeth to get some work. NOT GUILTY .
First London Jury - before Mr. Recorder.
1047. CHARLES LEWIS was indicted for embezzling sums, amounting together to 216l. 4s. 6d., which he had received on account of John Bradbury and Jeremiah Greatorex , his employers, and that he had been previously convicted of felony ; to which he pleaded
GUILTY . Aged 40. - Transported for Fourteen Years .
2nd COUNT, for stealing the same; to which he pleaded
GUILTY . Aged 31. - Transported for Fourteen Years .
1049. JOSEPH PRIESTLY was indicted for stealing, on the 18th of May , 2 coats, value 1l.; 1 waistcoat, value 1s.; 1 pair of trousers, value 3s.; 2 snuff-boxes, value 10s.; 4 bottles, value 6d., and 3 quarts of whiskey, value 15s., the goods of John Bayly Moore ; and 1 bag, value 1s.; 1 snuff-box, value 6d.; 1 towel, value 6d.; 1 handkerchief, value 6d.; 1 cash-box, value 2s.; 3 pocket-books, value 3s., and 1 tea-caddy, value 1s., the goods of Francis Rudall .
MR. PAYNE conducted the prosecution.
JOHN BAYLY MOORE , ESQ . I am a special pleader , and have chambers in Temple-lane . On the 8th of May, about half-past eight o'clock at night, I left my chambers in company with Mr. Rudall; the outer door was closed - it had a patent Bramah lock; I returned at nine o'clock, and was about to put the key into the lock when I heard somebody within ransacking the chamber - the noise continued about two minutes; I then heard the bolt withdrawn, and saw the prisoner open the door - he was a perfect stranger; I asked what he did there - he said he was waiting for the gentleman; I said I was the gentleman, I supposed, and immediately collared him; he made no resistance - I led him down stairs with the greatest ease; nobody was passing, and I called for Mr. Hill, the law-stationer, who stood at his door opposite, and at that moment the prisoner made a sudden effort, and escaped from me -I saw Mr. Fish stop him about twenty paces off, without my losing sight of him for an instant - he brought him up to me; I took him up to the chambers, and found a candle burning in the cupboard in a water jug - it had been taken out of a candlestick on my writing-table, and lighted in my absence; I said the prisoner ought to be searched - he immediately took out of his pocket three snuff-boxes, two of which are mine, and in his hat was a silk handkerchief and towel, neither of which are mine - he said that was the only property he had taken; he was immediately conveyed to St. Dunstan's watch-house, and was searched there - in his hat was found a steel, matches, tinder, flint, and two crooked wires; I returned to my chambers, and found a large law bag close to the outer door - I opened it, and at the top were four bottles of whiskey, which had been taken from a cupboard where I had thirty or forty; the bag was not mine - it also contained two coats, which I had left on two chairs, a waistcoat and trousers which I had left in a drawer of my writing-table, and two towels which were taken from another drawer; Mr. Rudall and I have the set of chambers between us - I
MICHAEL JENNINGS . I am a constable of St. Dunstan's. I searched the prisoner at the watch-house, and found in his hat a bag, containing a piece of flint, a steel, and tinder - I found a handkerchief in his pocket with three wires wrapped in the corner of it; I found on him this direction, " C. F. Williams, No. 1, Stone-buildings" - he said that was a gentleman where he worked, or was going to work; I found the awl in the chambers, and tried it to the hole in the door - it exactly fitted; here are the snuff-boxes which he produced.
MR. MOORE. Two of these snuff-boxes are mine - I have had one about twenty years; the lock opens very easily inside - it is impossible to get at it outside except by the key; the coats are worth about 1l.
MR. FRANCIS RUDALL . I occupy part of these chambers. I left about half-past eight o'clock, and did not return; I left all my drawers locked except one in the desk. On returning in the morning I found the middle drawer of the desk wrenched open - one snuff-box is mine; nobody sleeps at the chambers.
Prisoner. I have a wife and four children - distress led me to it; I can have a good character from the India-house, where I worked six years, and seven years in the King's service.
GUILTY . Aged 27. - Transported for Seven Years .
MR. GEORGE MAGNAY. I am the brother of William Magnay - he is the only surviving partner in the late firm of Christopher Magnay and Sons; he is an executor , and there are other executors. On the 6th of May, about eleven o'clock in the morning, I saw the prisoner, who was a stranger to us, come into our warehouse in Thames-street - he walked in, opened the door, laid hold of this paper, and took it out; I was between two piles of paper, and could not be seen - I followed, and took him about twenty yards off with it on his shoulder, without losing sight of him; I said, "Where are you going with that paper?" he said "No where," and dropped it; I said,"Bring it back" - he said, "No, I won't."(property produced and sworn to.)
GUILTY . Aged 20. Confined 1 Month and Whipped .
WILLIAM ROGERS . I am in the employ of George Hinde , law-stationer , of Poppin's-court, Fleet-street ; the prisoner was in the employ of Mr. Gadenne, a ruler of skins and paper - I knew him by his coming before for skins. He came to the shop one evening, on or about the 6th of April, and asked if I had got any thing for the ruler - I said I had just cut two rolls of parchment, and was going to sent them by the boy to he ruled; I offered them to him - he said, "Are these for me?" I said yes, and he took them away - I delivered them to him to be ruled by his master, for that special purpose; he never brought them back - I expected them in about a week, and in a fortnight went to Mr. Gadenne for them - he denied all knowledge of them; I have not seen them since; I did not see the prisoner again till he was taken, which was in about a fortnight, by his master's direction - the skins are worth about 4l. 10s.
DANIEL GADENNE . I rule parchments and paper for the trade. The prisoner had been my apprentice for two years and nine months; I did not send him to Mr. Hinde for this parchment - he absconded from me on the 26th of March, and in about a fortnight inquiry was made about this parchment; I never had it.
Prisoner. Master sent me - I was in his employ; he made me his errand-boy. Witness. He was never in my shop after the 26th of March; I heard he was at his mother's, and was going to have him apprehended and taken before the Chamberlain.
JOHN GRIFFITHS . I am in the service of Richard Hughes , a stationer, who lives about twenty yards from Gadenne. About the 6th of April the prisoner brought two rolls of parchment, and asked me to take care of them for a few minutes - I asked why he could not leave them in his master's shop; he said his master was gone to dinner, and the shop was shut up - he called for them it in a quarter of an hour, and I delivered them to him.
JOSEPH HORTON . I am a constable. I apprehended the prisoner at his mother's - I had been looking for him for three or four days; I told him I took him for obtaining goods in his master's name by false pretences - I could get no answer from him.
Prisoner's Defence. I never left any parchment in that man's place - the gentleman says I got them in the evening, and he says I left them at dinner time.
GUILTY . Aged 17. - Transported for Seven Years .
THOMAS CHRISTY . I am a hat-manufacturer , and live in Gracechurch-street - I have three partners. The prisoner was six years in our employ as porter , and was authorised laterly to receive small sums of money under the direction of one of our warehousemen, to whom he was to account daily for what he received; Cockin and Gibbons were coustomers of ours; this was discovered on checking over the books.
JOHN COCKIN . I am a starch-manufacturer. On the 26th of August I owed the prosecutors 2l. 8s., which I paid to the prisoner that day; here is his receipt for it. dated the 26th of August - I saw him write it - (read) - I knew him from his having delivered goods several times; this amount was afterwards demanded, and I produced the receipt.
RICHARD MILLER . I am an ironmonger, and live in Redcross-street. Twenty-seven shillings were paid from our till on account of Mr. Gibbons, my partner, but I cannot say who to; I have the receipt here - it is dated the 25th of September, 1829 - (read.)
JOHN NEWTON PAYNE . I am clerk to the prosecutors'. The prisoner was to account to me daily for what he received; he has never accounted for 2l. 8s. received from Cockin on the 26th of August - I believe this receipt of the 25th of September to be his writing; he never brought this 1l. 7s. to account; nor the 1l. 17s. 6d. from Lart - I believe this receipt to be his hand-writing.
GUILTY . Aged 18. - Transported for Fourteen Years .
WILLIAM BRASNELL . I live in Claremont-square, Pentonville, and am in the house of Davidson and Co., of Lime-street. On the 14th of May, between nine and ten o'clock in the morning, I was in the Poultry , going to business - I had just put my handkerchief into my pocket, and felt it taken out; I turned round, and saw the prisoner with it between his waistcoat and coat - he was alone: I secured him, and took it out of his hand as he was in the act of putting it there.(Property produced and sworn to.)
Prisoner's Defence. I was walking down Cheapside, and picked up the handkerchief - I was walking with it in my hand when the gentleman collared me.
GUILTY . Aged 13. - Transported for Life .
ALEXANDER GARDNER NINER. I am in the employ of Daniel Stubbs , a linen-draper , of Fleet-market . On the 7th of May, about four o'clock in the afternoon, the prisoner came into the shop with a woman, who went to the counter - I was standing in the middle of the shop; the prisoner stood about three feet from the door, not within reach of the counter; I did not hear what the woman asked for - I saw the prisoner take a shawl off a line about three feet from the door; she went away with it -I went after her. tapped her on the shoulder, and charged her with taking it - I pulled it from under her clothes; I sent for Boddy, a constable, and gave her in charge - he let her go I understand, but she was afterwards taken.
ABRAHAM COLEY . I am a constable. I was coming down Holborn, and saw a crowd go up Shoe-lane - I found the prisoner had run away from Boddy; I followed her into a house she had run into. and found her locked in her room - I knocked, but she would not open the door: I forced it open, and took her; Niner saw her in a few minutes, and identified her.(Property produced and sworn to.)
Prisoner's Defence. I was very much in liquor, and was taken home about two o'clock, and put to bed; I was never out of bed till Coley, Boddy, and another broke the door open - Boddy said I had stolen the shawl - I had never seen it.
ABRAHAM COLEY. She was not in liquor; there was no bed in her room.
GUILTY . Aged 28. - Transported for Seven Years .
ANN FOSTER . I am the wife of George Foster , who is carman to Mr. Alderman Thompson. We lodged at the house of John Bailey, a coal dealer, in the parish of Allhallows ; my husband had saved up seventeen sovereigns in the King's service - they were put into a trunk under the bed; I counted them over in my husband's presence, two or three days before, and put them into the trunk, which I locked - the prisoner is my grand-daughter, and came to stay with us till she could get a place, as her father had turned her out of doors. On the 1st of May I went out to market, leaving her in care of my room - I met her mother in Tower-street, and she came back with me to carry my things, as I was not well; the prisoner was then gone, and had left the key at the coal-shed, where I always leave it - when we got into the room, her mother called out, "Oh Mary has been - robbing you;" the trunk was broken open, and a pocketbook, which had contained the money taken out, and the money gone; the pocket-book was left behind - I had left the trunk quite safe, and nobody but the prisoner in the room; she had not said she was going out - I have not recovered a farthing.
DANIEL CUNNINGHAM . I am a labourer, and live in Church-lane, St. Giles'. I am Foster's son, by her first husband - she sent for me; I saw the box broken open, and in consequence of what she told me, I went after the prisoner, but did not find her - I saw her in custody on the Tuesday.
JOHN GRAY . I am a sergeant of the Police. I apprehended the prisoner in a back cellar, at No. 5, Leman-row, Leman-street, Goodman's-fields; I told her she was charged with taking seventeen sovereigns from her grand-mother - she denied it; I searched her and her trunk, but found no money - I found a chisel at the prosecutor's apartment, which had been used to force the trunk open.
Prisoner's Defence. I went to be with my grand-mother on Tuesday night; on Saturday she wanted to go to market - I had some linen to make for my mistress; I finished it, and told her I wanted to take it home, and to get some stockings washed - she told me when I went out to leave the key at the coal-shed, which I did; my grand-mother saw me on the Saturday night, and I denied the charge - on the Tuesday the Police-man took me out of my aunt's room, and he offered to let me go if I gave him 5l.; he and my grandmother have been to me in Newgate, and said if I gave them 5l. they would not appear against me, and she sent me word last night that there was no bill against me.
JOHN GRAY . I made her no offer whatever that the prosecution should not go on, if she produced 5l. - I lodged her in Newgate, and have not seen her till this evening.
CATHERINE CALE . I am the prisoner's mother. I left her at my mother's on Friday evening, at tea; she had a shift to make for her mistress, and on Saturday morning, between nine and ten o'clock, I met my mother on Towerhill - she said she was going to buy some meat; I went to different pork-shops with her, and was going home with her - she went into a grocer's shop, and told me to go on home before her; I went - the key was not in the door; I went to where she generally leaves the key, and got it - I went in, and laid the meat on the table; my mother did not come very soon - I went back to Dowgate-hill, and she was talking to two women; I asked what she did there gossiping - I had locked the door, and had the key with me; I came in with her, and had breakfast in her room - I stopped about an hour, and then went home; I met my mother coming down to my sister's house - she called me. and said, "Kute, I am robbed;" when I left her room she had not discovered that she was robbed; it was between one and two o'clock that I met her, and she complained of it - I had left the room about eleven.
Q. When you went into her room with her did she make any inquiry about your daughter? A. She said, "I told her to make her bed, and I suppose she is gone to her mistress?" I said I would go and inquire - she said, "Stop, and have breakfast;" the box was under the bed, which came down close upon it - I never saw it but when I made her bed; my daughter had been in service at the Castle, in Lambeth-street - the box was not in sight; I saw her at work on some linen, which she said belonged to her mistress.
NOT GUILTY .
Fourth Middlesex Jury. - Before Mr. Common Sergeant.
GUILTY . Aged 17. - Transported for Seven Years .
ANN JONES . I am a widow ; I live in New-street, Golden-square . On the morning of the 7th of May, I went out for some bread, to New-street, Covent-garden, about half-past seven o'clock; before I went out I put a sovereign and two shillings into a glove in a handkerchief - I put it into my box, and left the prisoner, (who had slept with me) in the room, dressing herself; I told her to take care of my child - her husband was in the next room; I was coming back in about a quarter of an hour, and met the prisoner in the street - I said, "How is this, have you left my children?" she said, "Yes, Mr. Barry and I quarrelled;" I asked her to come back, which, with some hesitation, she did - I then went to the box for the key of my caddy, and missed the handkerchief and money; I said, "Mrs. Barry, I have lost so and so;" she said,"Look about, perhaps you will find it;" I said, "Will you help me?" she said,"No, for if you find it any where, you will say I put it there;" I shook her bonnet, which laid on the table, and found my handkerchief in it - I have not found the money; she urged me to go and stop a duplicate, which had been with the money in the box - I went out for an officer, but could not get one just then; when I got the officer the prisoner was gone - I took her husband into custody; the prisoner returned at ten o'clock at night, when I had her taken.
Cross-examined by MR. BARRY. Q. Is your name Jones? A. Yes; I was married to Mr. Jones - I am quite sure of that; I had been out on the 6th with a woman named Lynch, who slept with me that night - she was a servant out of place, but went to a place on the morning of the 7th, before I put the money away; neither the prisoner nor her husband told me to send for an officer - I did find the handkerchief on the ground when I shook the bonnet.
Prisoner's Defence. As I am in the presence of that Almighty Being, who is to judge, she did not take the handkerchief out of my bonnet, and I never took the bonnet in my hand; when I was going to half a day's work, I told her in the morning not to go and get drunk as she did the day before - I told the person, who slept with her, not to take her out and give her any thing to drink, as if she did I would not stop and mind the children; she said she would not - at one o'clock I took my bonnet off the nail, as I was going out; she was at the door - I never had her handkerchief nor her money, nor do I believe she ever lost it; I had told her I was going to work at No. 22, Carburton-street, and I said if she had any suspicion of me she should make the matter clear before I went out, and she went to a fortune-teller about it - she never was married, her name is Joan Murphy; she lived with Captain Wallis some years.
ANN JONES . When I saw her in the street she had the bonnet on; she told me to go and stop the duplicate - I went for the officer; she did not say she wished to have it cleared up - the officer went with me to the place she said she was going to work at, but she was not there; she told me no other person had been there.
NOT GUILTY .
THOMAS GEORGE BLANCHETT . I am a foot-boy to Mr. William Holmes , of Grafton-street, Bond-street . On the 12th of May, a little before seven o'clock in the evening, there was a ring or a knock at the door - I went, and saw the prisoner, who was a stranger; he asked if Lady Strong was at home - I said Yes, and asked his name; he said Mr. Grant - I ran up stairs to my lady to give his name, leaving him in the passage; I saw him walk as far as the dining-room door - I ran up, and gave his name; I then ran down, and saw him just coming out of the dining-room with one hand behind him - I had not been absent more than a minute; I think the dining-room door was open when I went away - I said "I have given
Cross-examined by MR. PHILLIPS. Q. How do you know Mr. Holmes' name is William? A. I have seen him write it - the prisoner appeared to me to be sober; I think some of these spoons are Lady Strong's and some Mr. Holmes'.
THOMAS BULL . I am under-butler in the family. I was coming up staire, and saw the prisoner coming out of the dining-room - I asked the witness who he was; he told me what he had heard - I followed the prisoner up stairs, and asked who he wanted; he said he wanted to see Lady Strong - I collared him, and shook his coat; I heard something jungle - I said, "I should wish to know what you have in your pocket?" I took one spoon from him in the presence of the witness, and then sent him for an officer - I found these other two spoons on him likewise.
Cross-examined. Q. Does not this property belong to Lady Strong? A. No. I suppose to Mr. Holmes - I do not know that her Ladyship had her own property settled on herself at her marriage - this one spoon I know is Mr. Holmes'; it has his crest on it - I think the prisoner was tipsy.
COURT. Q. Where were the spoons? A. In a box on the sideboard.
Prisoner's Defence. I was intoxicated, and do not know what I did.
GUILTY . Aged 30. - Transported for Seven Years .
GEORGE COOK . I am coachman to General Belford; he keeps his coach and horses in Barlow-mews, Brook-street - the prisoner was a helper in the same mews, but had no business in my master's stable; I was out with the carriage, and left the stable shut - our young gentleman was gone to Windsor, and when he returned he opened the door to put his horse in, and left it open; when I came back I found the door open and missed these articles from a room over the stable; this was on the night of the 10th of May - I went and accused the prisoner the next morning, and he denied all knowledge of it; I found the stockings in a stable where he was helping the coachman.
Prisoner's Defence. The gentleman was going out, and he asked me to tighten the girths of the saddle, which I did.
GUILTY . Aged 36. - Confined Six Months .
EDWARD MEREDITH . I live with Mr. John Wills, hosier and glover , Oxford-street . About half-past eleven o'clock on Saturday evening, the 17th of April, there were about one hundred and fifty handkerchiefs near the door - the prisoner came and took, them but dropped part of them; I followed him, and he dropped fifty-six handkerchiefs at the corner of Market-street, which is opposite - a drunken soldier reeled up against him, and stopped him; I took him, and brought him back - I was behind the counter; the door was on the opposite side of the shop to me.
Prisoner. Q. Do you mean to say, upon your oath, that in getting over the counter, or round it, you never lost sight of the person who took them? A. I mean to say when I got to the door I saw you running, and you are the person who took them - I never lost sight of you; it was light enought to see you.
COURT. Q. Do you swear positively he is the person? A. Yes.
JOSEPH BENSTEAD . I am a servant to Mr. John Wills . I remember the bundle of handkerchiefs lying about a yard within the door; I saw the prisoner come and take them - he dropped part of them just outside the door; I pursued him across the road, and he dropped these fifty-six at the corner of Market-street - I only lost sight of him while I picked them up, and swear he is the man.
Prisoner. Q. Where was I taken? A. Just inside the market.
Prisoner's Defence. I was going through Oxford-market, and heard a cry of Stop him! I turned round, and saw two persons pass me in a great hurry; I was then stopped, not by a soldier, but by two butchers, who said,"There is a call after you; Stop!" I said," It can't be after me, but I will stop;" the first witness then came up, and charged me with taking these handkerchiefs - I have not been in Europe for fifteen years, and never in my life committed an offence of this kind; why these two young gentlemen should he so positive that I entered the shop and took them, I do not know; my situation in life has been very different from shop-lifting, and I will say, if it were the last sentence that ever passed my lips, I am not guilty.
EDWARD MEREDITH. I never lost sight of him at all; he dropped part of them at the door, and I followed him directly - I did not see any other person running; there was a soldier who was drunk, and he reeled up against him - he said, "Here he is, take him, and hang him."
Prisoner. It would have been very easy for that soldier to have been brought. Witness. The Prisoner said he had a wish to bring the butchers forward.
JURY. Q. How soon after he dropped the last bundle was he taken? A. Directly - he was not then above fifty yards from my master's door; I certainly lost sight of him while I was coming across the counter - I saw him take the handkerchiefs from the door; when I got to the door I saw him running, and knew he was the same person.
GUILTY . Aged 37.
Transported for Seven Years .
Lydia Tart .
WILLIAM JACKSON. I am head waiter to Lydia Tart, who keeps the Hungerford coffee-house . On the 26th of April I was going into the kitchen, and missed one of the blinds from the back part of the house - part of the house had fallen down, and a piece of the wainscot was broken, so that a person could get in.
SARAH PETERS . I live in Charles-court , at the back of the coffee-house. I saw the prisoner take down one of these curtains - he had got in where a piece of board was broken down; I saw him come out, and put two curtains into his hat - he had another in his pocket; I told the officer.
JOHN WARDLEY . I am a Police-officer. I took the prisoner in St. Martin's-lane, about two hundred yards from the coffee-house; I found these two curtains in his hat, and this in his pocket.(Property produced and sworn to.)
The prisoner put in a written Defence, stating that he had gone into the ruins of a house for a necessary purpose, and found the property.
GUILTY . Aged 35. - Confined Three Months .
1062. ELIZABETH GRAY was indicted for stealing, on the 29th of April , 1 pair of ear-rings, value 7s.; 1 pair of bracelets, value 2s.; 2 rings, value 1l.; 2 brooches, value 17s.; 1 hunch of mock-pearl, value 2s.; 1 shawl, value 1s.; 1 piece of lace, value 2s; 1 piece of black silk, value 2s.; 6 pieces of ribbon, value 4s.; 1 handkerchief, value 1s., and 2 pairs of silk stockings, value 2s., the goods of William Else , her master .
THOMAS FARRANT . I am an officer. On the 7th of May, I saw the prisoner at the corner of Windmill-street, talking to two prostitutes - he had something bulky in his pocket; when he saw me he walked briskly away - I followed him to Golden-square, and asked what he had in his pocket - he said what was that to me; I said I had a reason for wanting to know, and if he would satisfy me he might go about his business - he would not, and I took him; I found this crucible, and silver in it, on him - he said it was his master's, and he was going to take it to a refiner's to be melted; I took him to his master, who said to him, "How could you serve me so?" he burst into tears, and said it was his first offence.
Cross-examined by MR. PHILLIPS. Q. Did not you take his watch? A. Yes, and I kept it two or three days by the Magistrate's order - I did inquire the value of it, and went to see for an owner for it; his master said it belonged to the prisoner - he gave me his master's name and address.
JOHN WELLBY . The prisoner worked for me as journeyman for three years, and earned 17s. or 1l. a week - I believe this to be my property, but it is a very difficult thing to speak positively to; he said it was his first offence, and he hoped I would forgive him - he alloded to a deficiency of silver; I had some hundreds of crucibles like this.
Cross-examined. Q. Had he not a good character? A. Yes - I apprehend he did not refer to this silver, but to some that had been missed before; he generally works in the back shop - it is usual to take silver from the back shop and deposit it in the front - the prisoner might have forgotten this; what he said about its being his first offence did not allude to this.
COURT. Q. Did you miss any silver before this? A. Yes, I think three months ago; when the officer brought him and the silver to my shop he said he was very sorry, and I supposed that what he said about a first offence, alluded to an event that happened before; I cannot account for his speaking of a former event, and giving no answer to what was produced - this signature to the deposition is mine, and I swore to it. (read.)
"The silver now produced, weighing about 3ozs., is I believe, my property, and is worth 14s.; when the prisoner was brought to my house this afternoon in custody, he said he was very sorry, and that it was his first offence, and he meant to restore the silver which had been recently missing.
COURT. Q. Did you state this? A. Yes - I think it must have referred to the present case, but I did not recall it to my mind.
Prisoner's Defence. I am quite innocent.
GUILTY . Aged. 20. - Transported for Seven Years .
WILLIAM JOSEPH HIGGINS . I am a coach-joiner , and live in Chapel-street, Curtain-road . I lost this watch from my back shop - the prisoner was in my employ from Monday till Thursday, but he had gone when I missed the watch, and I never saw him again till I was before the Magistrate.
JOSEPH LEWIS . I am a Police-constable. On Sunday evening, the 2nd of May, I was on duty in Bethnal-green-road, and saw my brother officer with the prisoner in custody - I followed him towards the station-house, and as they were going, he leaned on one side, spoke to a female, and said he gave the duplicate to the ostler in Drury-lane, opposite the theatre, and that the watch was pawned in Drury-lane; I went there the next morning, and found it- the prosecutor's father gave the prisoner into custody.
GUILTY . Aged 18. - Transported for Seven years .
THOMAS HOBBS . I am a police-constable. On Saturday, the 24th of April, I was on duty in Regent-street, and saw the prisoner with another person; I knew the prisoner - I laid hold of the other; the prisoner ran away - I pursued, took him, and found these handkerchiefs in his hat; I had seen the two go into a shop, and come out - I went to the shop, and asked what they went in for; the people said they could not tell - I found these other two handkerchiefs in his pocket.
Prisoner. I bought a cotton handkerchief, and a man asked me to buy these; I gave him 5s. for them.
JOHN SEABER . I am in the employ of Francis Berry and another, who live in Holborn ; these handkerchiefs are theirs, and had been hanging by the window - I saw the prisoner and another in the shop on the Saturday; the officer brought these handkerchiefs on the Monday.
Prisoner. I was never in your shop. Witness. Yes, I saw you there.
GUILTY . Aged 18. - Transported for Seven Years .
WILLIAM LACEY. I am a cheesemonger , and live at Chelsea - the prisoner came to my shop at half-past ten o'clock in the evening of the 5th of May, and took this ham; I ran and took him about a hundred yards down Queen-street - he had turned a corner, and dropped the ham; I had not known him before - this is the ham; it has my name on it.
The prisoner put in a written Defence, declaring that he had never been into the shop, or touched the ham.
GUILTY . Aged 19. - Transported for Seven Years .
JOHN HERRING . I was going on an errand on the 12th of May, at five o'clock, and stopped to talk to a man who keeps a stall; I looked round, and saw the prisoner take a pair of trousers from the prosecutor's shop window, and run away with them - I told the people of it; I had worked with the prisoner about twelve months back - I described him.
ANN JANE MESSENGER . I am the wife of George Messenger - he lives in the Hackney-road . The witness told me a boy had taken a pair of trousers; I looked, and missed them - I have never seen them since; I had seen them not five minutes before, and had seen the prisoner near the shop - I had seen him about six weeks before, lurking about.
JURY. Q. When was the prisoner taken? A. On the 13th, the day afterwards - I looked after him directly, and saw him turn a corner, but he was gone too quick for me to swear to him.
GUILTY . Aged 18. - Transported for Seven Years .
WILLIAM TARRANT . I saw the prisoner on the 26th of April take a pair of half-boots from a chair or stool at the door of Mr. Simmons, in Saffron-hill - I knocked at the door, and asked if they had not lost a pair of half-boots; I then followed the prisoner, and the Police-man took him with them.
The prisoner put in a written Defence, stating that he was intoxicated, and was quite unconscious of having committed the act. He received a good character.
GUILTY . Aged 18.
Confined One Month , and Whipped .
The prosecutor's name being Samuel Somers only, the prisoner was ACQUITTED .
1070. ALEXANDER DAVIDSON was indicted for stealing, on the 26th of April , 4 locks, value 2s., and 2 iron latches, value 6d., the goods of William Grist , and fixed to a building of his ; against the Statute.
JOHN WOODWARD . The house this property was taken from was empty; I live next door but one to it - it is in Providence-row, Westminster . I was going to work, between four and five o'clock in the morning of the 25th of April, and heard a noise; I went to the back front, and found the door open - I went up stairs, and found the prisoner; I asked what he was doing there - he said nothing more than was right, by order of Mr. Perring; he was standing over these articles, which were in a dirty cloth - I followed him to Little Chapel-street, where I saw a Police-man, and gave charge of him; these are the articles.
EDWIN ALEWOOD . I was on duty, and took the prisoner; I asked him where the articles were - he said he put them into a privy; I went, and found them - he said he had taken them off by order of Mr. Perring.
Prisoner's Defence. I did not break them off - they were lying in a window.
NOT GUILTY .
MARY ANN ROGERS . I am the daughter of James Rogers ; he is a woollen-dyer , and lives at Goldsmith's-row, Hackney-road . On the 16th of May, as I was returning from my aunt's, I saw the prisoner near a pawnbroker's shop in Hackney-road; I had not known her before - she asked what time it was; I said, "When I was at the church it was half-past nine;" she said, "Is it as late as that?" she was in full haste - I had this collar in a handkerchief in my hand; my aunt had given it to me to take to my mother, to keep for me till I got bigger - I dropped it on the ground, and when I stooped to pick it up I missed the collar; I saw the prisoner run across the road with it - I pursued, and called to her to give it to me; she gave me a push, ran down a court, and I lost her - I told the officer; he wen, and found her in about half an hour - I told him she had a white straw bonnet and red ribbons; I knew she was the same woman - a gentleman looked for her.
CHARLES GRANT . I saw this witness crying Police! I ran up, and found her and a young gentleman talking; she described the prisoner to me - I went into the little gardens, and found the prisoner ino a privy under a tree, with this collar in her hand; she said she hoped I would forgive her.
GUILTY. Aged 17.
Recommended to Mercy by the Jury .
Fined One Shilling and Discharged.
MARIA BREWSWATER . I am the wife of Marshall Brewswater. I lost a washing-tub on the 20th of April, from a cellar under my kitchen - the prisoner used to come to a person, who lodged on the first floor; I had used it on the 19th to wash, and saw it again on the 27th of April, at Kerslake's for sale.
JANE KERSLAKE . I am a broker. The prisoner brought this tub to me for sale on the 19th of April, and I bought it for 2s. - she said it was her own, and she sold it from distress, her husband being out of work - I am certain of her person; she stood talking a long time with me, and I had seen her before.
The prisoner put in a written Defence, declaring that the witness Kerslake was mistaken in her person, and that she was never in possession of the tub.
GUILTY . Aged 42. - Confined One Month .
WILLIAM WATKINS . I am a shopman to Mr. John Stear , of Oxford-street - he is a hosier . On the 24th of May the prisoner came to the shop, about half-past ten o'clock in the morning; he said he wished to look at some boat-shirts - I showed him some, which he did not approve of; I then showed him some others - he saw a pattern, which he liked, in a window which was locked, and I went to the other window to get some of the same sort; while I was doing that I looked round, and saw him put his left hand into his coat pocket; he then walked towards me, and asked how soon I could get half a dozen made; I told him - he said he would call again in two hours; I looked him very hard in the face, and said "I am afraid you have something in your pocket, which does not belong to you;" I felt him on his left side, and found a bulk - he hesitated: I said, "No nonsense, sir, I must see what you have" - he then drew these nine handkerchiefs from his pocket - he had not asked for them; he had gone three or four yards to possess himself of them.
Prisoner. You know it is false to say I took them from my pocket; you found them on your counter. Witness. I did not, they were taken from your pocket - he took off his coat and gave it me, but not till he had taken them out of his left hand pocket.
Prisoner's Defence. I deny the charge in toto - he asked what I had got; I said nothing - I took off my coat, and gave him; he was not satisfied with taking the handkerchiefs off the counter, but said I had taken them - I said it was not right; he said, "I shall detain you till my fellow-shopman comes in;" I sat down, and waited till he did come - he then sent for an officer; if I had gone to plunder, I should have made some attempt to escape.
GUILTY . Aged 26. - Transported for Seven Years .
NATHANIEL DIAS . Mr. Moss was standing talking to me, and we saw the prisoner come from his shop with these articles under his arm - he was running; we saw a mark on the jacket, and Mr. Moss knew it was his - he went, and spoke to the prisoner, and he put himself in a fighting attitude - I went up, and took him; the articles are all marked.
Prisoner's Defence. I was going along, a man ran by, and dropped them - I was drunk, and took them.
GUILTY . Aged 21. - Transported for Seven Years .
JAMES WILCOX. I live in Great Chapel-street, Broadway . The prisoner had been employed as a bricklayer's labourer for about a fortnight, in re-building a stack of chimnies - I missed these articles on the 3rd of May, and gave the prisoner and the bricklayer into custody; they were taken before the Magistrate - the bricklayer was discharged and the prisoner detained, because part of the property was found at his lodgings; I heard him tell the officer where he lodged.
The prisoner put in a written Defence, declaring his innocence, and stating that he was unconscious of the property being in his room.
GUILTY . Aged 50. - Confined Three Months .
1076. FRANCES PEARCE was indicted for stealing, on the 30th of April , 2 drinking-glasses, value 2s.; 1 decanter, value 5s.; 2 towels, value 2s.; 2 pillow-cases, value 2s.; 1 sheet, value 5s.; 1 table-cloth, value 2s.; 1 oil-painting, value 5l., and 1 silver tea-spoon, value 2s. , the goods of Mary Banks .
MARY BANKS. I am single , and live at No. 10, Charlotte-street, Portland-place . The prisoner and a person with her, hired my lodging on the 14th of October - the prisoner took two parlours ready furnished at 9l. 5s. per quarter; she gave up one room on the 23rd of March - she then kept on one room, and continued to sleep there occasionally, and occasionally I believe at her mother's; she sent the key on the 30th of April, but I had not seen her from the 13th of April till she was at the office - she owed for rent, 1l. 18s. borrowed money, and some articles - I had missed a picture, which I had asked her for - she sent back with the key a drinking-glass, a sheet, a tablecloth, a tea-spoon, and a small waiter; I have seen other
Cross-examined by MR. CLARKSON. Q. Do you know a person named James? A. Yes; these are the things which I had pawned for Mrs. James, and the prisoner gave the duplicates; James was with the prisoner when she took the lodging - I heard a gentleman say he would send to Warwickshire to find James; the prosecutrix refused to appear against James - I do not know whether the prisoner was an apprentice; her mother lives at Chelsea; I know nothing of the picture; I did not pawn that - James lived in the same house with Banks and the prisoner.
Cross-examined. Q. Is that the picture the prosecutrix values at 5l.? A. I believe it is.
Cross-examined. Q. The prisoner was never apprehended? A. No, she came with her mother, and was allowed to return - she came again the next day.
Cross-examined. Q. How long was that before she was taken? A. Three weeks I believe - I had pawned a great many things for Mrs. James; the pawnbroker knew me; I took the tea things up to the prisoner the night after James left the lodging, and she told me to take one of the spoons; she did not then know these, but that they were all there - James was much older than the prisoner.
NOT GUILTY .
JOHN WOODBRIDGE. I am a carpenter . This building was unoccupied, I had the care of it; it is at Harrow -I was at work there, and the prisoner worked for me; the copper was fixed in an out-house - I saw it in the morning of the 4th of May, and in the evening it was gone - I had seen the prisoner that evening, going up towards the house- I went afterwards, and the copper was gone; the prisoner was gone from the premises then - I went in search of it that evening, and found it next day in a pond near the prisoner's father's; the prisoner lodges with a man named Chapman, four or five hundred yards from the pond.
JAMES SANDILAND . I am a cabinet-maker. I was going to Harrow school on the 4th of May, about twenty minutes before nine o'clock in the evening, and saw the prisoner standing under the porch of the door of the house in question; I went into my own house, and watched him -I saw him come out with the copper before him; he put it on his head - I told the witness' wife of it; he was sent for and came.
The prisoner put in a written Defence, declaring his innocence.
GUILTY . Aged 19. - Transported for Seven Years .
FRANCES ELIZA JOHNSON . I am an unfortunate woman, and lodge in Hill-street; the prisoner was servant at the house. On the 14th of May I was out from twelve o'clock in the morning till nine in the evening; I had left my parlour door locked - I missed this property, and went in search of the prisoner that evening, but could not find her till the next day.
Prisoner. She has often sent me to pawn the dress; I spent some of the money, and did not like to return.
FRANCES ELIZA JOHNSON. I have sent her with some things, but not these - I sent her always in my own name; I did not tell her sister if I had 6l. I would not appear against her; I said I would not be treated in that shameful manner.
GUILTY . Aged 23. - Transported for Seven Years .
CHARLES DEEMING. I am a boat-man , and work on the Paddington-canal . I have known the prisoner several years, and hired him to assist with my boat from the City-basin to Paddington; I bought some beef, and gave it to the prisoner to bring to me at the Running Horse - I waited ten minutes or a quarter of an hour, but he went quite a contrary way, and never came.
JAMES WILSON . I am a porter at the Paddington-canal. I saw the prisoner and Deeming come into the Running Horse; he and the prisoner went out together- he then came back and said he had bought some beef, and the prisoner was to bring it, but he did not come.
JOHN BRICK . I saw the prisoner come into the Duke of York public-house, on the north side of the canal, about half-past four o'clock, with a piece of beef, he brought it in again in a silk handkerchief, and offered it for 2s. 6d. - he sold it to a man for that: he spent 6d., and the man spent 3d.
Prisoner's Defence. We had been drinking rum and half-and-half, and were quite tipsy.
CHARLES DEEMING. We had been drinking a little, but very little - I was not drunk, nor was he; I paid for half a pint of rum, and had three glasses.
GUILTY . Aged 28. - Confined One Month .
Edward Jones .
EDWARD JONES. I was in the Start coffee-house, Bow-street, Covent-garden , on the 15th of May - I went there at five o'clock in the morning, and fell asleep; I had been up all night seeing a friend off - I was awoke by two Police-officers, and had lost my hat; I had put it on the table in the coffee-house.
SAMUEL FOOT . I went into the coffee-house to get some coffee; I saw the witness there, asleep on some chairs and a new hat on a table before him - I was in another box; I heard some persons come into the room, and say,"There is no one here;" I looked up, and saw the two prisoners, and three other young men - they walked forward; Taylor gave a signal, as if for them to be quiet -Collins went and took the prosecutor's hat, and put it on his own head; I followed, and chased them up and down several places, till I saw two Police-men, who took them; Collins had the hat on his head - we then went and awoke the prosecutor.
Collins. He swears he never lost sight of me, and there was a crape round the hat when it was taken - it is impossible I could have taken it off. Witness. I saw him in Phoenix-court with the hat in his hand.
WILLIAM POTTER . I took Collins with this hat on his head - here is a mark where the crape has been; here is the old hat - when I took him to the station-house he said a man gave it him in the coffee-room, and after that he said he had bought it for 3s. in the Start coffee-house.
Collin's Defence. I bought it for 3s. and my old silk hat, but it was not that old hat.
COLLINS - GUILTY . Aged 20.
Transported for Seven Years .
TAYLOR - NOT GUILTY .
STEPHEN BRACHER. I am a carpenter . I have lost a great many tools within the last four months - the prisoner was out of work; I suspected him, and had him taken - a great many duplicates were found on him.
Cross-examined by MR. PHILLIPS. Q. How long have you known him? A. Twelve months; I have lent him tools at different times to go to work - he fell into very great distress, and perhaps might pawn these through distress, not intending to steal them; he told me be had pawned two planes.
NOT GUILTY .
WILLIAM COTTON. I lost these tools from a building in Gray's Inn-square - I left them on the night before, and missed them between six and eight o'clock in the morning of the 13th of May; the prisoner was at work there - we have lent tools to each other, but I never gave him leave to pawn them exactly.
Cross-examined by MR. PHILLIPS. Q. I believe any tools you lent him he returned? A. Yes - I believe he might mean to take these out and return them.
Prisoner's Defence. I meant to take them out when I got a little money.
NOT GUILTY .
JOHN BOSBURY . I am a builder - the prisoner worked for me. On the 26th of April a carpenter came, and asked for my adze - I said it was in Mr. Bolles' shop; he went there, and it was missing - I never allowed the prisoner to pawn or sell any tools.
LAWRENCE CANKWELL . I am a wheelwright. On the 26th of April the prisoner came to me, between seven and eight o'clock, and said, "Are you busy?" I said, "Yes, doing a little;" he said, "Will you buy an adze?" I said, "Is it your own?" he said Yes, and I bought it for 1s.
Prisoner's Defence. It was drinking that was the occasion of this crime - I have been twenty-nine years in the army.
MR. BOSBURY. I believe that is correct - he has been in the army, and has a fracture on the head, which affects him very much when he is in liquor.
GUILTY . Aged 48. - Fined 1s. and Discharged.
WILLIAM WALLER . I am coachman to Mr. Edmund Keene . I left this coat on the box of the carriage on the 17th of April under the gateway of our yard, at Camden-town , about four o'clock in the afternoon.
JOSEPH LOCK . I live at Camden-town. On the 17th of April, about ten minutes past four o'clock, I saw two young men in Bayley-street - the prisoner was one, and he had a large box-coat; I watched, and saw his companion beckon him to go round by the Red Cap - I followed them up the North-road, and when he was going to break out of my road, I asked what he would take for the coat - he made no answer, but called to his companion and said, "This young man wants to buy the coat" his companion said, "It is not for sale, and what do you want with it?" I said I thought they might have it for sale - I followed them on to another road, and asked a man where there was a Police-man; he said higher up -I then saw them get into a field; the other got away - I followed the prisoner, but lost sight of him in a hayrick yard - I waited, and he came out without the coat; I hid myself, thinking he would come back for it, which he did - I asked him what he had done with the coat; he said he had had no coat, and if he had he should not tell me- I collared him, and beckoned to two Police-men, whom I saw; he saw them, and struck me twice in the face -I turned upon him, and the officer came and took him; the coat was just by him.
GUILTY . Aged 21. - Transported for Seven Years .
DANIEL CAVALIER . I live in Mile-end New-town . On the 10th of May, the prisoner came into my shop while we were at tea, and asked for Mr. Bailey, a cow-keeper - I directed him, and he went out of the shop; I went backwards, and saw him in the parlour - I came in, and asked how he came there; he went out, and I called Stop thief! he was taken in my sight, and threw down this tea-pot.
Prisoner's Defence. I went to the Sugar Loaf to get a situation, and when I came out I saw the tea-pot on the stones, and took it up.
GUILTY . Aged 16. - Confined Six Months .
ISRAEL WILLIS. I live at Sand-end, Fulham - I keep a cow and a few pigs . I lost these hams and pork on the morning of the 13th of May, from a little bit of a place that I call a dairy - I saw them safe on the 12th of May; it was locked up, but a piece of canvas was cut so that a man could get in; the prisoner was taken up on the 13th - I had a number of duck eggs there - I cannot say whether I lost any of them.
MARY ANN BRIERS . I have known the prisoner from the Saturday before the Thursday this happened - I had lived with my grandmother, but I quarrelled with her, and went to my sister's, where I slept with a young woman named Walker - the prisoner came up on the morning of the 13th, and asked if we had any money; we said No - he said, "I will take you to my mother's, and give you a good dinner;" with some hesitation we went with him - he took us down a lane, and gave each of us a leg of pork, and gave the other young woman some duck eggs - I do not know how many; as we were going on I saw a young man, who went and got an officer; he ran after Sage, but could not take him - he then came, and took the pork from us.
WILLIAM CHAMBERLAIN . I live at No. 6, World's-end-passage - I have known the prisoner twelve years. On the 13th of May I was going to work, about half-past eight o'clock in the morning, and saw him with Briers and Walker - I said, "Sage has got two women this morning;" I followed at some distance - I saw them again; Sage ran away, and the girls were taken - I told the officer.
JAMES HUMPHRIES . I am a constable of Chelsea. Chamberlain told me he expected there had been a robbery - I took the girls, and then went to Sage's lodgings and found this piece of pork in the pot boiling - I found these hams and these eggs on the girls.(Property produced and sworn to.)
GUILTY . Aged 18. - Transported for Seven Years .
JOHN MACLAREN . I am a bedstead-maker. On the 10th of May, about half-past one o'clock in the day, I was in Wardour-street ; I saw the prisoners, and watched them - I saw Jones take the handkerchief from the prosecutor's pocket, and give it to Smith - I told the prosecutor the persons had gone up Little Pulteney-street; they were taken in half an hour - the handkerchief has not been found; there was another person with the prisoners - I knew Jones, he used to live opposite me; I am quite sure as to both the prisoners - I do not know what coloured handkerchief it was; I was on the other side of the way.
Jones. When he came to me the other day, he said he never saw my face at all. Witness. I have known his mother a long time; she requested me to come and bring him a shirt, but I deny what he says.
Smith. Q. What proposition did you make to him? A. I said I did not know him till he was taken to the public-house, because his back was turned to me - I can swear to the dress he had on; I did not propose to receive money not to appear.
COURT. Q. Had you an opportunity of seeing their faces when they were in the street? A. No, but I saw their dress - I did not know it was Jones till after he was brought out of the public-house.
JURY. Q. Why did you go to the prisoner? A. Because he wished to see me - I was told I could not get in unless I said I was his brother, and I said so.
COURT. Q. Why did you not call Stop thief! and take them? A. I hardly knew what to be at.
NOT GUILTY .
EDWARD CHURCH , JUN. I am an apprentice to Mr. Joseph Davis , a musical instrument maker, in Black-friars-road. On Saturday night, the 10th of April, about half-past nine o'clock, I was opposite Kingsland-crescent , going home to my father's at Stoke Newington: the prisoner asked me to go over the way with her - she took me down a turning; I had the watch in my pocket - she asked if I had any money; I said I had not - I did take liberties with her, as she told me; she then felt outside my pocket, and felt some halfpence, which she asked me for - I said they were not mine; she then said I might go - when I got two or three yards I missed my watch from my fob; I did not feel it taken - I did not say any thing to her, but went on to the end of the wall, and saw two boys; I asked them to watch that woman, for she had stolen my watch - I went on towards Shoreditch, and told a gentleman of it; he was tipsy, and I did not stop with him - I then found a Police-man; we went to the place, but she was gone - she was taken a few days afterwards.
JOHN ARMITAGE . I am a Police-officer. The witness told me he had been robbed of his watch - I went in search of the prisoner, but she was gone; I found her four days afterwards - she denied the robbery; I got this watch through the medium of a woman who called herself her sister.
Prisoner. On the second examination he asked the Magistrate to let me be remanded another week, and during that time he came to Clerkenwell-prison to me - he said he suspected a person who frequented the road, and wished to find out the right person, and if the right person could be found, or he could give any account of the watch, the boy would give him 1l., and he would keep him away - he put several questions to me to know if I knew where the woman lived; I never saw the prosecutor till I was at the office.
JOHN ARMITAGE . On the 15th there was another robbery committed near the same spot - I had suspicion of another person, but not for this robbery; I took this prisoner from the prosecutor's description - the prosecutor was sober.
NOT GUILTY .
Fifth Middlesex Jury - Before Mr. Common Sergeant.
MR. CLARKSON conducted the prosecution.
HENRY BACON HALL. I am superintendent of the factory of Thomas Spencer Hall and William John Hall, dyer s, at Bow - they have about one hundred persons in their employ; the prisoner was foreman of their skeining room . On the morning of the 22nd of April, soon after eight o'clock, I received information of the loss of some skeins of silk - I went to the White Horse, at Clay-hall, to inquire who had been there at six o'clock, at which time the men who come at four o'clock, are allowed to go out for ten minutes; before this I had asked the prisoner whether he had gone out at six o'clock - he said No; when I returned I ordered the men down, and searched them - I found nothing on them, and they went to breakfast; I went to the White Horse again, and was shown the prisoner's coat hanging in the kitchen; I searched it, and found two handkerchiefs and nine skeins of silk in each of them; I missed eighteen skeins from a bundle of two hundred and forty - I counted it just before they went to breakfast; there was a deficiency of 1 lb. 7 oz. 8 dwts. - the skeins I found in the prisoner's coat had our private mark on them; I took the coat to an officer with the silk in it, and called the prisoner down - Hedges, the officer, was there; I asked the prisoner whose coat it was - he said his; I then asked if he knew what was in the pocket - he said, "I did not put it there;" the bundles were not then produced - I then took out one of the bundles, and said, "How comes the silk to be in your handkerchief?" he said, "It is my first offence. I hope you will forgive me" - I produce from the bulk a skein of silk, which exactly corresponds with the eighteen skeins found.
Cross-examined by MR. PHILLIPS. Q. Have you any share in the concern? A. No - the prisoner had been six months in their service; I do not know that any of the men had quarrelled with him - he has six children.
RICHARD GODDARD . I am a watchman to Messrs. Hall. I was on duty on the morning of the 22nd of April, at six o'clock; the prisoner gave me his great coat and his handkerchief with his food in it for the day - he told me to hang it in the kitchen, where I had seen it hang, at the White Horse: I hung it up, and saw the prisoner afterwards at the White Horse - he asked me to drink with him.
Cross-examined. Q. Did you see him all the time he was at the White Horse? A. I cannot pretend to say that, as I went to wash my face and hands; I believe I saw him all the time he was in the tap-room, but the coat was in the kitchen - he left the tap-room while I was there, but I did not see him in the kitchen; there was no one there when I washed myself - I then went into the tap-room, and found him there with Mr. Martin; I staid there five or six minutes - I did not see where the prisoner went when he left the tap-room - I did not see any thing with him then; he was in his working dress - I did not see any of the servants at that time.
JAMES MARTIN . I keep the White Horse at Bow. I know the prisoner: the last witness came to me that morning, and said he had got Faulkner's coat - he went into the kitchen to hang it up; the prisoner came afterwards. but was not there above three or four minutes; Mr. Hall came about eight o'clock, and asked if any of the men had been there - he took down the prisoner's coat; I saw him find a bundle of silk in one pocket - I did not see the other.
Cross-examined. Q. Had any of the other men been in the kitchen? A. I do not know; I had a boy and my daughter living with me: I did not see the prisoner in the kitchen.
"I suppose you know something of this?" he said, "I did not put it there, Sir;" Mr. Hall then put his hand into the other pocket, and said, "Here is some more of it;" the prisoner then begged for mercy, and said, "You have never been robbed before by me."
Cross-examined. Q. These bundles of silk would make a considerable bulk in a man's pocket? A. Yes; he did not say, "I did not put it there," before he saw any thing - Mr. Hall was drawing it out of the pocket, and said,"I suppose you know something of this?" the prisoner then said, "I did not put it there" - he was agitated and frightened; I do not know of his having a quarrel with a man named Moules.
MR. HALL. This silk is the property of my brothers - the silk had been weighed that morning when it came out of the stove; there were then two hundred and forty skeins - the deficiency was discovered by the weight.
Prisoner's Defence. I know nothing of it.
NOT GUILTY .
Thomas Betsworth , but it being joint property, the prisoner was ACQUITTED .
JOHN ANDREWS . I belong to a brewery in Liquorpond-street. I had left my chaise at the door of the Jolly Gardeners , with two coats in it: I was in the house about an hour, when I heard one coat was lost; I have never seen it since; I know nothing of the prisoner.
JAMES SEWARD . I am a publican. Andrews was at my house on the 12th of May - I went to the door to see if the horse and gig were safe; it was safe, and I took a great coat and threw it over the horses' loins - the prisoner was there, and knew me; he said, "Master, I have been watching this horse and gig, and suppose when the gentlemen come they will stand something;" he asked me to drink, which I refused - he came to the bar, had a glass of gin, and went out; Moore gave me information - I ran with him in search of the prisoner, but could not find him - he was taken at ten o'clock that evening.
WILLIAM MOORE . I live next door to Seward. On the 12th of May I was in my shop, and saw the prisoner opposite my window; he had come down the street with two women - he left them, and went over to the horse and chaise; I knew him, and watched him - I saw him take the coat off the horses' back, and put it on his own back: he took another coat from the chaise, put it on the horse, and then walked away; I told Mr. Seward of it - we went after him, but could not find him; I have known him these two years.
The prisoner put in a written Defence, declaring that he had not touched the coat.
GUILTY . Aged 34. - Transported for Seven Years .
HENRY NASH . I live at Hampstead , and keep an ass . On the 3rd of May it was on Hampstead-heath - I did not miss it till the patrol said he had taken a young man with it; I went to the Bell, saw it, and knew it to be mine.
JOHN SMITH . I am an officer. I met the prisoner on the bridge at Hendon, with the ass - I took him, and showed the ass to the prosecutor and his son, who both knew it; it had a mark on the shoulder - the prisoner first said it was his own.
Prisoner's Defence. I was at the Red Lion, and met two grooms whom I knew - they asked me to have something to drink; I stopped till rather late, and got too much to drink - I did not know what I was about.
GUILTY . Aged 18. - Transported for Seven Years .
MARGARET HENN . I am the wife of Arthur Henry Henn, who lives in High Holborn . The prisoner was in my service, and left me - I then missed some articles; one handkerchief was pawned at a house in Holborn.
Cross-examined by MR. BARRY. Q. Did you not search her boxes? A. Yes, but she turned the things over so fast, that I did not see any thing of mine, but they were found in her box afterwards; I have no reason to suspect that my husband was too intimate with her - he loathed the sight of her; I am surprised she should dare to say so - the Police-man took her, and brought her box.
WILLIAM TILLING. I received information from the prosecutrix that she suspected the prisoner; I took her to the house, and searched her - I found some duplicates on her; one of them for this handkerchief, and this other handkerchief and apron were in her box.
Prisoner's Defence. The apron and handkerchief went away with my things dirty - she gave me so short a notice I had not time to wash them; I did not know these things were there.
The prisoner received a good character.
GUILTY . Aged 27. - Confined Three Months .
1094. BRIDGET SAVAGE was indicted for stealing, on the 19th of May , 3 aprons, value 3s.; 1 napkin, value 6d.; 1 pair of stockings, value 4s.; 2 handkerchiefs, value 2s.; 3 pieces of lace, value 3s.; 2 neck-collars, value 2s.; 1 cap, value 1s., and 1 frill, value 6d. , the goods of Ann Edmunson .
ANN EDMUNSON. I am single . I lost this property on the 12th of May, from my box - I had seen them safe on the 10th; I called a Police-officer, and some of the things were found in the chimney of a lodger's house.
Cross-examined by MR. PHILLIPS. Q. Who was the lodger you speak of? A. I do not know his name - I lodged with the prisoner; I remember sending the prisoner for some sugar of lead to make a lotion - whether I meant to drink it or not, has nothing to do with this; I did not drink it - she did not, exactly prevent me from drinking it; I had before this lived at Miss Reginald's, in Sloane-street, and at Mr. Gregory's - I left there because Mrs. Gregory said she wanted the lodgings for some one else; she did give another reason, but I am not obliged to say what - she turned me out for a fault she found with me; I lived in Sloane-street as cook -I did not go there to open my boxes till I went to fetch them away; the lady did not turn me out, saying I was a drunken strumpet - I left because I was ill; I did not see the mistress - she called to me, and said she was doubtful whether it was not a fever; that was the only reason I left - Mr. Gregory keeps the White Swan; I was there from the Sunday afternoon till the Thursday afternoon; I slept in the house every night - I did sleep one night in the watch-house, because I was taken by the Police.
Q. Now I ask you were you not turned out of Mr. Gregory's? A. I am very sorry for it - I slept with Mrs. Varley at the prisoner's; I had her taken up, and she was discharged - the prisoner went out one morning to work while I was there; I was only there four days.
JOB SMITH . The prosecutrix came to me on the 12th of May; I went to the prisoner, and searched the room in which the prosecutrix and Varley lodged; I found nothing there, but a man on the third floor called out for a Policeman - I went up, and he said he had seen a woman sitting between his bed and the fire-place that morning; I searched the chimney, and pulled down a bag, in which I found this property.
Cross-examined. Q. Was not Varley taken up? A. Yes, and she was discharged - I believe she was about here to-day.
JOHN RAWLINS . I lodge at the prisoner's house. I was awoke at half-past three o'clock in the morning of yesterday fortnight; I saw a woman between the bed-foot and the fire-place, with nothing on but her petticoat; I said "What the d - I brought you there?" she held up her finger, and said, "Hush! Hush!" she went out, and staid at the door a few minutes; she then came in, and said Hush! she went down stairs; I afterwards heard the Police-man, and called him up - he looked up the chimney, and pulled down a little blue bag; I went down, and he asked if I could point out the woman - I said neither of the two I then saw were the woman; the prisoner was coming up stairs, and I said she was the woman.
Cross-examined. Q. And this was found in the chimney in your room? A. Yes.
COURT. Q. Had you not taken your lodging of the prisoner? A. Yes; I did not say it was the landlady - I told the Police-man it was a woman.
JURY. Q. Did you know it was the prisoner at the time? A. Yes, but I said it was a woman.
JOB SMITH. He said he was awoke by a woman, who said, "Hush! Hush!" and by what he said I thought there was something up the chimney.
NOT GUILTY .
ELIZABETH PARSONS. I am the wife of Read Parsons. I did not miss these articles till the Police-man brought them - these are my window curtains and knives and forks - I imagine they had been taken from a chest; I had seen the curtain about a month before - I cannot say when I had seen the knives and forks: the prisoner worked for me as a charwoman on Tuesday fortnight.
Cross-examined by MR. PHILLIPS. Q. What sort of a curtain was this? A. An old one; I took the sheet to be a government one.
JOB SMITH . I searched another room, and found these things up the chimney there - I asked the prisoner, who was in the room, about them; she said she knew nothing of them - I asked what place she washed at; she said at Chelsea-hospital - I went there, and saw the witness; the sheets were marked as government property.
Cross-examined. Q. Did she not tell you that she had worked at Mrs. Parsons? A. Yes - there were three persons in the room when I found them.
JAMES MCDONALD . On the 12th of May, about five o'clock, I was standing in the court; the prosecutrix came and asked where Mrs. Savage was - I went in with her, and found three knives and forks up the kitchen chimney of the prisoner's house; the prisoner was at that time in custody - I took them to the office, but did not tell the prisoner I had found them; Mrs. Parsons owned the knives and forks when they tumbled down the chimney.
Cross-examined. Q. I believe she has been very kind to you? A. I was a pensioner, and she had some children to nurse for me, but I paid her for them.
MRS. PARSONS. These are my knives and forks - I have no mark on them, but they are made by Underwood - Varley lived as cook with me for a fortnight; she did not suit me - she had left me a few weeks - these things were very likely taken while she was there.
NOT GUILTY .
JAMES BOTT. I am a brush-manufacturer . On the 12th of May I was out, and on my return at eight o'clock I was told I had lost two white-wash brushes, which had been in my place when I went out; I cannot say these are them - I know I made these, but I cannot say whether I had sold them.
JOSEPH MORGAN . I live opposite Mr. Botts. I was looking out at my window on the 12th of May, and saw the prisoner and two others go to the prosecutor's window - the prisoner took the two brushes, and gave them to another man, who ran away with them; I went over, and told the apprentice - we ran, and took the prisoner, who was walking on as if nothing was the matter; I told him what he had done - he did not deny it, but said to the apprentice "You know where I live, and can find me at any time - I will go and fetch them back;" I said, "Don't you mean to give him in charge?" he said,
"I don't know what to do," and he let him go, but the prisoner did not come back, as I understand - I went home; the apprentice and two or three more came to my house about ten o'clock, with the prisoner; I said that was him - the prisoner said he knew nothing of it; he then began to beg and pray that they would let him go, and said he would take us to where the brushes were; we went along - he said, "One of them is in pawn, and I have not enough by 6d. to get it out:" we went to the pawnbroker's, and while there the prisoner ran away.
Prisoner's Defence. I was walking up the street with two boys - one of them cut the brushes, and the other took them; this gentleman and another came and said I took them - I said No: the apprentice then said Cheney had them; I said if he had I could easily get them - at ten
GUILTY . Aged 16. - Transported for Seven Years .
JAMES BARTON . I met the prisoner on Saturday night, the 8th of May, about nine o'clock, at the corner of Tothill-street; she wanted me to go to the Almonry - I said that was a blackguard place, I would not go there; she then took me to No. 45, Duck-lane - we went to bed, and I went to sleep, having rolled up my money and my Waterloo medal in my waistcoat, and put it under the bedstead - there was a crown piece, a half-crown, and some small silver; I am quite sure she is the person - I had been in her company for about an hour at a public-house- I awoke about twelve o'clock; she then asked me to let her go down for a pint of water - I said she might if she came up directly; she did not return - I missed my money and the medal from my waistcoat: the medal had no mark on it; it was one I got from a jeweller's shop -I had lost the first medal I had in a similar manner.
ELEANOR HOMMERSTON . I keep a cook's-shop. The prisoner came into my house, and gave the medal to me, saying she would be back - this was about one o'clock in the morning; it was afterwards inquired for, and I gave it up.
JOSEPH WILKINS . On the Sunday morning the prosecutor came and said he had lost some property - I went to the apartment, but no one was there; Hommerston gave me the medal - the prisoner came in the evening, and was taken.
Prisoner. Q. Where is the young man who was with you? A. I do not know.
Prisoner's Defence. I met this young man - he gave me a quartern of rum, and then we went home; he went into the yard, and staid half an hour - he then came in, and said he had forgotten something; he went back, and was counting money - we went up stairs, and then he said he was thirsty; I went for some water, and there was none in the yard - I picked up this medal; I went to the witness for a pint of water, and told her to mind it for me.
GUILTY . Aged 19. - Transported for Seven Years .
WILLIAM HARRISON . I am a timber-merchant . On the 19th of May I was on my premises - I did not see my hat taken, but an old one was left, and my own gone; it had been safe a quarter of an hour before - I took my own bat off the prisoner's head in Shoreditch; he said he had taken, and left his own instead of it.
WILLIAM BREWER . I was in the prosecutor's employ. I went out to dinner, and saw my master's hat safe - when I returned he said he had lost his hat, and this one was left; he asked if I knew the prisoner - I said Yes; I saw him in Shoreditch the same evening, and took him.
Prisoner's Defence. I went up the yard to look for work, but did not take notice of any hat; I met a man who took me as far as Clapton; we had a pint of porter, and he said this hat did not fit him, would I change with him, which I did.
GUILTY . Aged 47. - Confined One Month .
GEORGE LORKIN TURNER. I am a pawnbroker , and live in New Church-street, Lisson-grove . I lost this jacket and trousers on the 3rd of May; I heard an alarm at my door - I went out, and saw the prisoners running across the street; I pursued them, and saw them come out of a pawnbroker's shop, two hundred yards from my house - I stopped them, took the articles from under Neal's apron, and gave charge of them; that is Neal nearest me (pointing to Smith) - the other had left Neal at that time; I ran and took her - I had seen them before they went to the pawnbroker's.
Cross-examined by MR. PHILLIPS. Q. Which of these prisoners do you say had these articles? A. Neal; I took Smith in Devonshire-street - she said she had nothing to do with it; I had seen them together - I did not see her face when they were running, but I can swear this is the person; I took Neal first, and gave her into custody, but I kept my eye on the other at the time - I suppose she was a hundred and fifty yards from me; I had never lost sight of her - I had not seen her face, but if I had seen her an hour afterwards I could swear to her by her dress; I had seen her back - I do not know whether she had a sash on, but if I had seen her two years afterwards I should have known her.
EDWARD DAVID BARLOW . I live near the prosecutor's, in the Edgware-road; I was at his house when these articles were taken - I saw Neal cross the road - that is Neal the farthest from me; she had something under her apron, and I saw the witness take the things from under her apron - I afterwards saw him take Smith, and she said she had nothing to do with it; Smith had turned the corner, and was taken in Devonshire-street, but I had not lost sight of Neal.
Cross-examined. Q. The last witness was with you when Neal was taken? A. Yes - in Steven-street, not above seven yards from Devonshire-street; they are not in a line - he could not keep his eyes upon Smith while he was taking Neal - we both lost sight of her when she turned into Devonshire-street.
EDWARD BALL . I am a Police-officer. I saw the witnesses going after the two young girls; Mr. Turner took Neal into custody, and gave her to me - she is the nearest one to me, I have every reason to believe; I did not see the other prisoner till Mr. Turner gave her in charge - he gave me these articles.
Cross-examined. Q. He gave the prisoner into your custody at the same time? A. Yes; I cannot say whether he could at that time have seen the other prisoner - he might have seen her; I could not say which of the prisoners he gave me first, except it was the first this way.
NOT GUILTY .
Second Middlesex Jury - Before Mr. Justice Littledale.
MESSRS. ADOLPHUS and CLARKSON conducted the prosecution.
RICHARD DUKE EASTCOTT . I am an assistant surgeon, of St. Pancras parish . On the 13th of April I examined the body of a male infant in the dead-house, at the workhouse; from its appearance I should imagine it had been born ten days or a fortnight - it was in a state of decomposition; I found a mark on the right side of the head - it had the appearance of a bruise, as if it had proceeded from a fall on the ground, or some hard instrument; it was a confused bruise, from coming in contact with some hard substance - the body being putrid I did not examine the lungs; it was a full grown child; the bruise might, or might not, occasion its death - the bruise had been received either while it was alive, or immediately after death - I feel convinced such an appearance could not be produced by a blow on a body, which had been deceased any considerable time; I cannot form any judgment whether the child had been born alive or not- there was nothing on which I could ground an opinion- the navel-string was not tied; I did not notice whether it appeared to have been torn; I went to the watch-house, in Little Albany-street, and saw the prisoner - I asked how long she had been confined; she said about a fortnight, and as she acknowledged having been confined I did not examine her person - I went to the Police-office that evening, and saw some linen produced; it had the appearance of the linen of a woman who had been delivered - the navel-string not being tied would, in all probability, cause the child to bleed to death, if it was born alive.
CHARLES RICHARD EDWARDS . I am a sergeant of the Police. I first saw the prisoner on the 13th of April at No. 7, Suffolk-street; I went there in consequence of information - she was in her room with Mrs. Williams; I was not in my Police dress, but had Shayler with me in his dress - she appeared very much confused on my entering; I told her not to alarm herself but to be composed - I said there was a very serious charge against her, but I wished her to say nothing that might injure her hereafter; I then said, "Is it true that you have been delivered of a child?" she asked if her punishment would be great - I said that was not for me to say; Mrs. Williams then said, "Sophia, you had better tell the truth;" she then said that to hide one crime she had committed a greater; I said "Then it is true that you have been delivered of a child?" she said Yes - I asked if it was alive when it came from her: she said she could not tell - I asked if she had heard it cry; she said No - I asked if it was down the privy; she said Yes; I asked if she had looked down the privy - she said No; I then asked if she took any means to force it under the soil - she said No - I asked how long it had occurred, and after recollecting some time, she said a fortnight last Saturday, and that no person was aware of her situation; I took her and Williams into custody - I left Deller to search the privy, and Shayler to prevent any one going there before I returned.
Q. Have you not omitted to state that she said she believed the child had slipped from her when she went to the privy? A. She did say so - I then took her to the station, and on returning I found Deller had searched the privy, and a male child was produced; I perceived a bruise on the right side of its head, about the size of a halfpenny, on the bony part of the forehead, not on the soft part - it was black and blue, and appeared to have been given with some hard substance; I got the key from Williams and searched the apartment - I saw a plasterer's hammer laying by the fire-place, and conceiving the child had been struck with something, I compared that with the bruise; the blunt end of the hammer appeared to correspond with the bruise - I produce the hammer; I found linen with marks of blood on it - I searched several boxes for baby-linen, but could find none but clouts, except a child's old shirt completely in rags; I searched particularly for flannel, but could find none, except one of her petticoats - I am married; there was certainly no appearance of any provision for the birth of a child; I returned to the station and took her in a coach to Marylebone Office - I asked her who was the father of the child; she said she could not tell me his name, but she had been living with a Mrs. Cox in Hunter-street, and in her mistress' absence a gentleman called and prevailed over her - she said she had washed a greater part of the linen she had on at the time of her delivery; I asked if she felt any pains - she said not much, that her labours were always very easy; I asked if she had gone her full time - she said Yes she conceived she had.
Cross-examined by MR. PHILLIPS. Q, Did she not say her labours were quick as well as easy? A. I do not recollect - she might have said so; I went to a pawnbroker's, and a bundle was produced containing two petticoats and six clouts, or more properly napkins, for they were a very superior quality - there were some petticoats, but whether an infant's or a grown person's I cannot say; I examined them on going a second time - they were certainly not an infant's, but probably a child's two months old; they were long - I believe it is not usual to dress young infants in long petticoats; my wife has no children - I saw no frocks among the things the first time, but there was an infant's long frock the second time I went to the pawnbroker's; I might have overlooked it at first, but believe I did not - I found in her box in Williams' room a week after, a child's cap and blanket, but I swear they were not there when I first searched, for I was particular in looking for such things - she lodged with Williams; the soil in the privy is about four feet deep, and the seat about three feet and a half from the soil; I did not have it cleaned out, and cannot say what substance might be in it - there was not the least appearance of black about the child except the bruise; I conceive if it was putrid it would be black.
MR. PHILLIPS. Q. About what hour did you see it? A. It might he about four o'clock.
MR. EASTCOTT. I saw the child about seven o'clock.
MR. ADOLPHUS. Q. What signs of putrefaction did you perceive? A. It was exceedingly green about the neck and the flextures of the joints - it was not a natural colour in other parts - it was not black; the bruise was easily to be discovered.
ABRAHAM DELLER . I am a Police-officer. On the 13th of April, in consequence of information, I went to Suffolk-street, got a light, and on looking into the privy I could see nothing; I had the floor and seat taken up-I got a prop which stood in the yard, with a kind of book nail at the top of it, and previous to putting that into the soil, there was a quantity of blood and corruption on the right-hand side; that was taken up, a further search made, and nearly in the centre of the soil the infant was raised from the bottom with the prop, by its knees, the knees being bent; I ultimately succeeded in getting it up - I had it; washed, and then observed a bruise on the right side of the head, and marks of blood round it - the blood had come through the skin; it was taken into a back room - I saw the hammer brought in and compared with the wound; they corresponded.
Cross-examined. Q. Have you brought the prop here? A. No-it was a common clothes-prop: this hammer is a good size, and heavy - I cannot say whether the bone of the infant's head was broken; the prop was about eight feet long - I cannot say what hard substance might be at the bottom of the privy; the child could not have fallen through four feet of soil to the bottom; there was no projection of bricks but what were regular-some projected further out than the rest, but there was none rough, or any thing to fall against - there might be some under the the soil.
MR. ADOLPHUS. Q. Was there any brick in such a situation that any thing dropping through the hole could fall against it? A. No - the wall is about a foot and a half behind the seat; the projecting brick is near the soil - the body was in the centre, and could not have fallen against it, I should conceive.
MR. PHILLIPS. Q. Had you not stirred the soil up? A. No, the prop was gradually put down.
MR. PHILLIPS to MR. EASTCOTT. Q. Was the bone broken? A. No - if the hammer had been used with any force it would be likely to break the bone; it is heavy and the skull bone rather thin.
MR. ADOLPHUS. Q. The bone being broken would depend on the strength of the blow? A. Yes, if given with any degree of force I think the weight of the hammer would break it.
ELIZABETH WILLIAMS . I am the wife of Richard Williams , and live at No. 7, Suffolk-street, Battle-bridge. I have known the prisoner all her life-her husband is dead; she has been married, and had four children - two of them are living; I do not know when her husband died - she lived with me for some time before she was apprehended; she had a small allowance from the parish to support her children, and worked at Mrs. Ricket's laundry, Northampton-street, from Tuesday till Saturday night - she had lived with me for about seven weeks before the 17th of March, and I had slept with her for about a fortnight, for I was not at home before; I was always intimate with her - I once told her I thought she looked very large; she said it was the dropsy and a tumor, and that she was under a doctor's hands, but did not name him, and that it would come from her with the force of water - she always slept very sound, and never laid near me; she usually got up to go to work before nine o'clock, but one morning she got up a little before seven - she had told me the night before that they were very busy, and she was to go by seven; at eight o'clock a person from her employer came to inquire why she had not come - I said she was gone to work, believing it was so; she had left the room about seven - I got out of bed at nine, and was dressing; she came up into the room, and sat in a chair by the door - I perceived that she looked a good deal smaller than usual, and looked very poorly, I spole to her - she told me she had been taken poorly, and, as the doctor said, a gush of water had come from her - she had come into the room with a shawl over her, and her arms bolding her body; I pulled the shawl aside, and saw she was smaller - I sent for a midwife, who came; she felt her, and said there was a substance, but if it was a child it was dead, and she had better have a doctor, as she thought she was dangerously ill; the midwife went away, and Mr. Sandell came - she still denied having had a child; this was on Saturday - on the Tuesday following I had been out all day, from five o'clock till nine: when I came home she had been washing her clothes, for I saw them next day hanging out to dry; before that she had always taken her clothes to her place to wash-she never washed them at home; I never saw her making up babylinen - I did not go to the privy for three days after.
Q. You say she still denied having a child-did you say any thing to her about it? A. No, not till the Monday before the Thursday on which she was taken-I then said it was a shocking thing for her to destroy her child down the privy, (there had been a talk about it in the neighbourhood); the answer she made me was, she had done the deed, and was sorry for it-that was all she said; I do not recollect her saying the child had slipped from her down the privy-she might have said so; this hammer always hung on a nail in my room - I never saw any of her soiled clothes, till I pulled them from under the bed when Mr. Sandell came; he said it appeared to him nothing but water - I pointed out what I thought was blood, and said, "What do you think of that?" he said nothing more about it.
Cross-examined. Q. Do you not know of the prisoner's having pawned some child's apparel? A. Yes, she got
ELIZABETH LONG . I am a widow, and keep the house where the prisoner and witness lived - the prisoner generally went out at nine o'clock, and sometimes at seven; I recollect the day this misfortune happened - the evening before that, the prisoner came down to my kitchen for a light, which was not usual; I said, "Dear me, Mrs. Morgan, you look very large, are you in the family way?" she said,"Dear me, No, madam; I have been treated for the dropsy and a tumor"-that she had left off drinking porter by the doctor's order, but now she found herself better, and took it again; I did not see her again till next morning, when she was in Mrs. Williams' room, sitting on a chair by the fire with a cup of tea or coffee - I said,"How do you find yourself now?" she said she was very bad; I said she had better have some advice, and Mrs. Bennett fetched the midwife, by Mrs. Williams' request - she did not say any thing had happened to her, but that she should be better bye-and-bye: I observed on the floor of the privy something like a great deal of blood having been wiped up-I had Mr. Sandell sent for.
ELIZABETH PIDDINGTON , a midwife, deposed that she had been called in to see the prisoner on the 27th of March, and upon examination was convinced she had been very recently delivered of a child, which the prisoner denied, and said nothing had happened to her but what the doctors had stated would occur; witness advised her to have a person employed to examine the privy, in order to prove her innocence, to which she made no reply - the delivery could not have been mistaken for any thing else. On her cross-examination she stated that at times delivery took place exceedingly sudden, and the previous feelings appear like an inclination to stool, but she must have been couacions of the delivery at the time it happened; the prisoner appeared in an extremely low state, and did not attempt to prevent the examination. On her re-examination she stated it impossible for a woman having had four children to mistake labour for any thing else.
HENRY WILLIAM SANDELL . I am a surgeon, and live in Chichester-place, Gray's Inn-road. On the 27th of March I was called on to attend the prisoner, at No. 7, Suffolk-street, West - I asked her the nature of her complaint; she said she was labouring under a discharge of blood and water: I asked how long that had been the case - she said but latterly; I asked if she felt any of the aymptoms that usually attend pregnancy - she said not, that she had passed the turn of life three years, and had been treated by some medical gentleman for the dropsy; I could not from her information form any judgment what her disorder was - she never admitted to me that she had been pregnant, or had been delivered; a napkin was shown to me - it was in a condition it might be in if used by a pregnant woman; I went to her again next day - she said she was a considerable deal better, and the discharge had nearly stopped; I did not see her again.
Cross-examined. Q. In what condition was the napkin? A. It appeared completely moistened with blood and water - that might proceed from another cause; I have heard of women being delivered very suddenly at the water-closet, in which case a child might fall headforemost, and receive a contusion if there was a projection.
MR. CLARKSON. Q. Whether there was a projection you do not know? A. No - I do not think it likely that a woman who had had four children could mistake delivery for a gush of blood and water; I have read of women being delivered in their sleep without their knowledge -I cannot call to mind the name of the book, but I was told of it by a medical gentleman; I should not think it probable or possible.
CATHERINE BENNETT . I am married, and lived in the same house as the prisoner. On the 27th of March, about eight o'clock-in the morning, Mrs. Rickets called to ask for the prisoner - I afterwards saw the prisoner go out at the street-door, and up the street with her shawl and bonnet on; this was a little after eight o'clock-I knocked at Williams' door, and told her Mrs. Morgan was gone out; I heard the prisoner say she was in the privy when called, and heard Mrs. Rickets call her-she returned in a quarter of an hour after I saw her go out; I went to the privy, and saw the floor had a stain of blood, which had been wiped up; I immediately told Mrs. Long of it- this was about half-past eight o'clock; I went into Mrs. Williams' room, and saw the prisoner at nine o'clock - she had her bonnet and shawl on, as I had seen her in the street; I went for Mrs. Piddington - I was present when Mr. Sandell was in the room, and after he left I asked how she felt; she told me she was taken as the doctor said she would be - that she was troubled with a tumor and water for a long time - that a gush of water had come from her, and a substance of skin - that she had taken it up, and thrown it down the privy; after this I observed all through the passage marks of blood on the paper and oil-cloth, and on the mat of the street door - the marks on the paper appeared finger-marks, those on the oil-cloth and mat had dropped.
Cross-examined. Q. Any body could have seen them? A. Yes; they had not been washed out - the mat was turned over; twelve persons in all live in the house, including children - I went to search the privy in the evening, I took the clothes-prop, and moved it about the soil; the fork of the prop was broken, and there was a nail at the end of it to support the line - I moved it about in the soil, and took some rags up with it, nothing else; I might disturb what was there, or knock any thing against a brick - I moved it to ascertain whether I could find the skin or substance she named; I searched as well as I could - others were present, but nobody else stirred it about.
MR. ADOLPHUS. Q. Did you put the nail end of the prop downwards? A. Yes, and raked up the rag-I put it down lightly, and not far; there are five children in the house - they could reach high enough to make the marks on the paper; some of my children had been out of my room that morning.
Cross-examined. Q. Was any body present at this conversation? A. Mrs. Williams; she heard all that was said - I cannot tell whether she stated this before, or after Williams said any thing, but believe it was before; Mrs. Williams said, "Mrs. Morgan, you had better state," as she was not satisfied what Mrs. Morgan had said to me - I swear this was said before Mrs. Williams advised her at all; I believe nothing passed after Williams said she had better state - I believe Williams was satisfied she had destroyed the child.
COURT. Q. You believe, after Mrs. Williams said she had better state, that nothing more passed? A. No, it was after the prisoner said what she did, that Williams said she had better state.
Prisoner's Defence (written.) My Lord, and Gentlemen of the Jury. - I declare myself totally innocent either of the murder or the concealment of the poor child; I did not attempt its destrnction - on the contrary I would have shuddered at such an act. The plain fact is, I went to the privy, and while there something came from me, as of a gush of water, while I sat upon the seat; I never supposed I should have been taken when in the privy, and the moment I left it, in pain as I was, I even directed Mrs. Williams' attention myself to the privy, and submitted to every scarch by the midwife and doctor - I did not even know a child had come away, as I never heard a cry or any noise to make me suppose it, and what I mentioned to Mrs. Williams' was of itself sufficient to direct a search in the privy, which I never would have done had I supposed there was an infant there, as I must have at once been detected.
ELIZA KENNET , a midwife, deposed that she had attended the prisoner seven years ago, when she was delivered before witness could arrive, though she lived but five minutes walk from her; she knew of many instances of sudden delivery; if the child was born at the privy she could not save it; she had not applied to witness to attend her on this occasion, though she still lived within five minutes walk of her - the witness deposed to some further particulars which it is unnecessary to state; she knew an instance of a woman having been treated for the dropsy and afterwards delivered of a full grown child.
NOT GUILTY of Murder, but GUILTY of concealing the birth of the child by secretly disposing of the body .
Aged 33. - Confined Two Years .
Before Mr. Baron Vaughan.
1100. JAMES McCARTY was indicted for feloniously assaulting John Welford , on the King's highway, on the 28th of April , putting him in fear, and taking from his person, and against his will, 1 jacket, value 20s.; 1 hat, value 18s.; 1 pair of stockings, value 3s.; 1 handkerchief, value 3s., and 17 shillings, his property .
JOHN WELFORD. I am a sailor , and live in Princes-street, Princes-square. On the 28th of April I received 13l. 9s. at the pay-office - I went that afternoon to the White Swan, Ratchiff-highway, and saw the prisoner there; John Wiggan was in the house; the prisoner wanted me to buy some black-lead pencils of him - I told him I did not want such things; I went home between four and five o'clock, and slept till half-past nine, then got my supper, and went to the White Swan again - I got there about ten; I found the prisoner there, and another in his company - the prisoner came to me again, and asked if I was not going to have some pen-knives and pencils; I said I wanted no such things - I staid there about a quarter of an hour, and, between ten and eleven o'clock, came out to go home with my shipmate (Wiggan) who is not here, he is gone away; I walked as far as Princes-street almost, about a quarter of a mile - the prisoner and another came up, and collared me; I did not see them till the prisoner laid hold of my jacket, and said, "Jack, won't you buy any thing of me?" I said, "No, I don't want any thing," and before I could speak almost, the other knocked me down - I do not know what he struck me with; it was a stick, or something very heavy, acroos my breast - it was a star-light night; the blow knocked me down - my hat fell off with the fall; I recovered myself, and then the prisoner came up, struck me across my forehead with his fist, and knocked me down again - my jacket came off my right shoulder a little, and they caught hold of my jacket and pulled it right off my back - I went, and caught hold of it in the prisoner's hand, and said, "I see you want to rob me;" I laid hold of him, and he passed my jacket behind to the other one, who came behind, caught hold of me, and knocked me down again by a blow on the back of my head - I got up, and they were gone; I had nobody with me then but my shipmate - it happened right in the highway; I called out as well as I could, but they knocked the breath from me - I lost my jacket and hat; there were 17s. in my jacket pocket, also a pair of silk stockings and a silk handkerchief - I have a mark of the blow on my forehead now, and my arm is not well; I went home, told my landlord, and, between ten and eleven o'clock next night, I saw the prisoner at the White Swan - I was having a glass of ale at the bar; he was sitting in the room with about thirty of them, and when he saw me he held his hat over his eyes - I went to him and said, "Don't you know me?" he said Yes - I said, "Where did you see me?" he said, "Yesterday, here between ten and eleven o'clock;" I said, "Did you not see me in the highway?" he said Yes - I said."You had better give me my clothes, which you got from me last night, and I shan't say any thing at all about it;" he said if I said he had my clothes he would give me a dig in the eye - he did not strike me - I went outside; Sergeant Wheeler was coming by; I took him in, and had him secured - I
Prisoner. He forgot to state at the first examination that he was struck at all. Witness. I swore at the first and second examination that I was struck - my jacket was got off my shoulder by their knocking me about; they caught hold of it by the neck, and pulled it over my shoulder.
Prisoner. Q. If I was assaulting you in a thoroughfare, where twenty or thirty people would come up in two minutes, why did not your shipmate give an alarm to rescue you, you are stronger than me? A. You took care of me with a large stick or something - my shipmate threw his jacket off to fight for me, and he lost his jacket and hat; I did not see you the next day till night; I was not intoxicated next morning - I took the duplicates his wife gave me and heaved them down; she offered them to me to make it up- I would not carry them in my pocket: she said she would leave them there - I left them in my lodging, and never returned them to her; I never said I should get 3s. 6d. a day for this, which would be better than going a voyage - I had got a ship, and was going away; they came and took me out of the ship, and would not let me go - I went to a doctor the next day, and paid 6d. for some stuff; my nose and arm were hurt - my shipmate is gone to sea: I have never seen him since he was at the Justices: I never saw you before - I do not recollect your advising me not to fight with a black man.
CHARLES WALTER WHEELER . I am a sergeant of the Police. I was standing nearly opposite the Swan on the 29th of April, about eleven o'clock at night; Welford and Wiggan came to me and made a complaint - Welford said he could swear to the man from a hundred, and pointed the prisoner out; he was sitting against the bar - two or three girls of the town stood before him to conceal him from view at first; I then told him he must go with me -I knew him from the prosecutor's description, without his being pointed out; I have known him for years - when I went to him he pulled his hat over his face, and dropped himself in the seat; I took him to the station-house - he was at first in a great rage, and said he would serve the prosecutor out for giving him into custody, when he got lose - he afterwards became more calm, and said he hoped he should be able to arrange it with him; at the second examination I was much surprised to find neither the prosecutor nor Wiggan there - they had both identified the prisoner at the first examination; I inquired, and was told he had compromised the case - I immediately went to his lodgings, and the landlady gave me from the table this pension-ticket and eight duplicates, which she said the prisoner's wife had brought there - the duplicates are for apparel; the landlady said she would not suffer a compromise to take place - I could not find the prosecutor; I saw him at eleven o'clock at night, and asked why he left the office to compromise things with the prisoner's wife - he said."Oh! d - n the jacket - the poor woman has got a child; let him go;" Wiggan is gone to the Mediterranean, and they nearly succeeded in getting the prosecutor out of the way again; I went on board a vessel in the West India-dock, which he was going off in, the next day, and the landlord of the house appeared to connive with the party. On the way to the station-house the prisoner told me he had a finger in the pie, but he knew nothing of him or the jacket; the prosecutor did not appear drunk when I saw him; when I searched the prisoner he said, "How was it possible for me to commit such an offence when I hold this relic?" (Producing a bottle of holy water) and here is an oath I found on him, in his own writing, on which he swears not to commit drunkenness or any unlawful desires - he was drunk that night when I took him, but not incapable of walking.
Prisoner. Q. You have known me some years? A. Since I have been on duty in Ratcliff-highway, about three months - I know you sell articles about; I never knew you accused of any thing, but have seen you with low characters; he hawks knives and things about for sale.
The prisoner, in a long address, stated that he had been in the King's service, and in several battles, and declared his innocence.
NOT GUILTY .
Second London Jury - Before Mr. Recorder.
THOMAS SMITH. I am a silk-man , in partnership with my brother, and live in the Poultry . The prisoner was about two months in our service, as porter . On the 2nd of May, about two o'clock, I was called up into his sleeping room, to search his box, which had been opened about two minutes before I got up, by a key belonging to the house; he was not at home - I found seven different handkerchiefs in his box; they had never been used - I knew four by different marks on them - only one had our private mark; that was in my own writing; I had been in the country some time, and do not know when it had been safe - I knew the other six by their having passed through my hands so frequently, and by the pattern and folds; he never purchased goods of us, nor applied to purchase any - he came home in about two hours, and I told him I wanted to look into his box; he said certainly - I took him up stairs, and showed him the handkerchiefs, which were taken out and thrown on the bed; I told him I had discovered them in his box - he asserted most positively that he had never seen them there before, and repeated that several times; on my turning round, and saying I should fetch an officer, he took hold of my brother's arm, and said, "Mr. Smith, I wish to speak to you;" my brother said, "What you have to say speak loud;" he then said, "Well, if I die for it, I put them there;" he had 20l. a year, board and lodging - my brother's wife had opened the box in the first instance; nobody else slept in the room - they are worth 18s.
Cross-examined by MR. ADOLPHUS. Q. Are the handkerchiefs modern, or old shopkeepers? A. Some of them are old, and by that I know them; one or two are modern - I cannot say that he was alarmed at first; he became much so after having said if he was hung for it he had done it; he said he had taken them to send to his friends in Wales, and afterwards said, "No, I took them to sell to
MARY SMITH . I opened the prisoner's box on Sunday, the 2nd of May, with a key belonging to my sister, who was present - I called Mr. Thomas Smith and my husband - they claimed six of the handkerchiefs; they were taken from the box and put on the prisoner's bed - nobody slept there but him; I only opened the box - Mr. Smith took the handkerchiefs out.
WILLIAM BETTERTON . I am a constable. I was fetched to Mr. Smith's a few minutes before five o'clock; he desired me to take the prisoner for stealing seven handkerchiefs - the prisoner admitted the theft, and said he took them intending to send them into Wales.
Cross-examined. Q. Did he not say he intended to account for the value of them? A. He said he intended to take them to his sister, or some friend to approve of, before he sent them into Wales.
GUILTY. Aged 22.
Strongly recommended to Mercy, on account of his previous good character .
Confined Six Months .
GEORGE JACKS. I live in Cateaton-street . On the 21st of April I was from home - I was sent for, and found the prisoner in custody with these things, which I had left safe in the morning in my bed-room up three pairs of stairs; the street door is open in the day time.
Cross-examined by MR. PHILLIPS. Q. Do you carry on business in the house? A. No; a solicitor occupies the lower part of the house - I know nobody named Jones lodging near there; I do not think there are any lodging-houses about there; I should think the prisoner was drunk, and did not well know what she was about - I have heard she had been seeing a friend into the country, and that she has six children, and was never suspected before.
LUCY LENNY . I am servant to Mr. Jacks. About a quarter to three o'clock I was going up stairs, and observed his bed-room door on the third floor open; I am the only servant in the house - I know that the door was shut before, and Mr. Jacks' clothes were hanging on pegs in the closet; the handkerchiefs were in a bag in the same closet - they were all safe when I left the bed-room; I went in, and observed the prisoner rolling up these things - she had got them out of the closet - I asked what she did there; she replied that she wanted Mr. Jones - I said no such person lived there; and she said it was quite a mistake; I know no Mr. Jones - I asked what she did with the clothes - she again said it was quite a mistake; I detained her, and sent for my master.
Cross-examined. Q. Did she seem to know what she was about? A. I cannot say whether she was tipsy; I do not think she could be sober - she did not seem right down tipsy, so as not to know what she was doing; there were no drawers in the room - there are boxes.
MR. JACKS. There was a wash-hand-stand with drawers under it, a dressing-case, and trunk.
JAMES ALLEN . I received the prisoner in charge. I saw her next morning, and she asked me what she was there for; when I told her, she seemed very much surprised - she was certainly the worse for liquor.
Prisoner's Defence. I do not know any thing about the case; I was very much intoxicated.
NOT GUILTY .
CHARLES SIBLEY . My warehouse is in Maiden-lane; the prisoner was my town traveller - he went round for orders, and was authorised to receive money on my account; he came in January, and left on the 1st of May - he was taken up on the 4th of May; he was to account to me every night, when he came home for money he had received - Gray and Hamper were customers of mine; I have sums in my books which they say they have paid the prisoner - he has never accounted to me for them; I applied for these sums on the 3rd of May, believing they owed them.
Cross-examined by MR. CLARKSON. Q. What is your business? A. My young men take goods to retail houses, silk handkerchiefs and other goods; I am a warehouseman - I live at Blackheath; I have my daybook here but not my ledger - Samuel Bates was in my employ at the time, and George Cook was a boy to attend him; I had a clerk named Rodgers, who came to keep my books.
Q. Does it happen that your memory is generally treacherous about accounts? A. I cannot say I never make a mistake; I received some money from Mr. Brown, of Seymour-street, a fortnight or a month before the prisoner left - I think it was 6s. and 4s.; it was under 15s. - I did not charge the prisoner with embezzling that; I asked him why he had not paid me 6s. from Brown, (as he represented him as a friend of his keeping a private house) it was a trifling sum and I did not wish to have it on my books; I asked him for it and he brought it -I do not know whether I entered it at the moment, but I did enter it; I never asked him for it after I had received it - on the Saturday night I asked him for the money; in balancing the account it might have been paid, and not put down, then as I balance every Saturday I might have said I had not had it, till it was recollected on balancing the account - I received 6l. from Mr. Good; I never charged him with not having paid that after I received it - the cash is balanced every Saturday, and if there is any error it is settled in balancing; I might ask my young men on Saturday if they had received such a sum, and if so I have put it down - I mean that in the hurry of business in the course of seven years I may have omitted to have put a sum down; it may happen five or six times in the course of a year, but the prisoner was never charged with keeping it to himself - if money is not put down at the moment, the balance on Saturday sets it right.
Q. Has it not repeatedly happened that you had a larger balance of cash than you could account for? A. Not repeatedly, it has always been settled; I occasion
Q. Have you any means of knowing whether money was accounted for by your clerks, except finding on Saturday more money than the book shewed, and your asking your clerks to make out the difference? A. There is no other way in such a case.
JOHN GRAY . I live in London-road, Surrey , and am a linen-draper. On the 30th of March I paid the prisoner 10s. 8d. on Sibley's account: I saw him write a receipt on the invoice, this is it - (reads,) "Cash same time. B. Butler." On the 19th of April I paid him 7s., and have that receipt; I was afterwards applied to for these accounts, and produced his receipts.
Cross-examined. Q. Where were the goods furnished? A. At my shop, he always brought them with him; he had no book with him that I know of - I have bought of him three or four times; I never knew of a mistake before - I only paid him three sums.
WILLIAM HAMPER . I am assistant to my father, a hosier in Bishopsgate-street . On the 8th of March the prisoner came round to us; it was the first time I saw him - I bought goods of him, amounting to 2l. 1s. 8d. on Sibley's account, and on the 15th of March I was present when Mrs. Hamper paid him 2l. deducting 1s. 8d. for discount; I saw him write "Settled" on the invoice, which is here. (read)
Cross-examined. Q. When were you applied to for the money? A. About six weeks after the prisoner had left them.
WILLIAM HAMPER. I am a constable. On the 4th of May Mr. Sibley gave the prisoner into my charge at his warehouse, and charged him with embezzling money to a great amount; he did not say what - the prisoner said nothing; I found 3l. 2s. on him.
Cross-examined. Q. There was no specific charge? A. It was for embezzling at various times to a very large amount; no name was mentioned - Sibley said he had not had time to get up evidence, as he had unexpectedly met him in the street.
MR. SIBLEY. The 2l. from Hamper has never been accounted for - it stands in my book against him now.
Cross-examined. Q. Point out the entry? A. Here it is in Rogers', the clerk's, writing; he is not here - it was not Rogers' place to receive money - he is a clerk in the India-house, and comes to make up my books; the goods are entered in the prisoner's memorandum-book in his own hand as sold, and he had put in here"cash;" I found this book the day after he left; it has never been paid to me - I dismissed him from my employ on suspicion of robbing to a great extent; I never looked into this book till after he left - I had only seen it in his hand before; I made this charge before the Magistrate - he did not say he had paid it; he said nothing - I have known him ten years; I took him with an honest character.
COURT. Q. Was it his duty to account for this sum before the 15th of April? A. He should have paid it the day he received it; the money, as it is brought to me, is entered in the cash-book - I post it from that to the ledger; I swear I have not received it.
Prisoner's Defence. I conceive my innocence is very palpable, and it is useless for me to make the slightest observation - the money I received I always paid to Sibley; payments were frequently made to him and not entered in the cash account.
NOT GUILTY .
Fifth Middlesex Jury. - Before Mr. Common Sergeant.
GUILTY . Aged 12. - Whipped and Discharged.
MR. CLARKSON conducted the prosecution.
WILLIAM ROTHWELL JACKSON . I was employed by Messrs. Thomas Adlington , John Swarbreck Gregory , and George Faulkner , as one of their Chancery clerks. The prisoner was in their service - they often have occasion to send to the Gazette-office; the prisoner resided near the Gazette-office , and was usually sent with these advertisements; on the 2nd of March we had an advertisement to insert in the matter of Matthews - I gave the advertisement to the prisoner, and 3l. with it, to insert it in the London Gazette and Times newspaper; I do not recollect the time of day he returned, but I believe it was that evening, or the next morning - he charged 1l. 0s. 6d., which he said he paid for the insertion in the Gazette; I made this memorandum of it - upon the 22nd of March I delivered another advertisement to him, with 5l.; he gave me the account the same day - I entered it in my book from what he told me; he charged 2l. 0s. 6d. - it was an advertisement in the matter of Willis.
Cross-examined by MR. PHILLIPS. Q. Have you any distinct recollection whatever of having sent the prisoner himself to the Gazette-office? A. Yes, Sir, I gave it him, but did not see him go - I never ordered him to hand the cash and advertisements to other clerks, to my recollection - it never was the custom in the office; I am sure I never told the prisoner to do it myself - there was a clerk named Jones; I do not know that I ever, in his presence, told the prisoner to hand the cash and advertisements to other clerks, or that Mr. Jones was the person sent on any occasion - I never knew the prisoner to hand over the cash to
MR. CLARKSON. Q. On the 2nd and 22nd of March were you the person from whom the prisoner received these sums of money? A. Yes, and he ought to have accounted to me for them.
COURT. Q. Was that your department? A. Yes; I do not know whether he had the disbursement of any other money! except for advertisements - the 3l. he had from me was for the purpose of paying for the advertisements; he stated he paid 1l. 0s. 6d. for that, 18s. for the insertion in the Times, 2s. 9d. for a copy of the Gazette, and 7d. for the Times newspaper - I have no doubt but he brought me the difference.
HENRY ADAMS . I was clerk to the prosecutors. On the 25th of March I gave the prisoner an advertisement to take to the London Gazette; I do not know what money I gave him, but he generally told me about what he thought it would come to; it was the custom of our office to give a clerk the money before we sent him - I know he accounted to me that day, because it was the custom; I made the entry at the time from what he told me - this is it; (reads)"Advertisement 1l. 4s., Gazette 2s. 9d.;" Mr. Gregory asked the prisoner how it was that a common advertisement of that kind was so high a charge - the prisoner said if there was one word more than usual, or even an alteration, 10s. was added.
Cross-examined. Q. Have you made any memorandum in your book of whom you gave the money? A. No; the prisoner was often absent three or four days from ill health - he was not absent on the 6th of February, or on the 25th of March; we omitted the charge on the 6th of February, but the one of the 25th of March is in this indictment - I am not aware that it ever happened that the advertisement and money has been left on the desk for the first clerk who was at liberty to take it; it was never done, to the best of my recollection - I cannot say that I have ever done it; I do not recollect it; I do not recollect one instance - there was a clerk named Jones in the office, and one named Sands - I may have left advertisements and money for insertion in the Gazette or Times with instructions that they should be forwarded by the first clerk that should be disengaged, but I do not recollect it - I think I have not done it often; I have heard that the prisoner has handed the money and advertisement to other clerks, but if I gave him the money I took the account from him; I cannot tell whether he has been charged by other clerks, the money he has charged me - to the best of my recollection I never gave Mr. Sands money and advertisements to be taken down by the first clerk; I think I should have recollected it if I had.
MR. CLARKSON. Q. Did you ever see him hand over any money? A. No, I am sure that on the 25th of March was before March - I do not know how long I was there the prisoner was the person I gave it to - here is his writing on the advertisement.
COURT. Q. You charged him on the 6th of February? A. Yes, at Hatton-garden; but that is not now persisted in, because we considered these charged strong enough -I do not think there was any mistake made about it.
RICHARD HARRIS . I am the publisher of the London Gazette, and have my book here - I know the prisoner; I supposed he was clerk to Adlington and Gregory. On the 2nd of March there was paid for Matthews' assignment 10s. 6d.; there was nothing that day for which 1l. 0s. 6d. was paid - on the 22nd of March there were six advertisements for Adlington and Gregory, for one of which 1l. 0s. 6d. was paid - there was no payment of 2l. 0s. 6d. that day; on the 25th of March there were two advertisements from them - one is of "Leach and Leach," for which 14s. was paid; there is not any entry of 1l. 4s. paid that day - it is not the custom at our office to give receipts, they are scarcely ever asked for; I cannot recollect whether the prisoner brought these advertisements.
Cross-examined. Q. Was it not the habit for other clerks to come with these advertisements? A. Yes, pretty often, and there may be clerks I am not acquainted with - other clerks might have brought these.
MR. ADAMS re-examined. Q. Whose money was it you gave the prisoner? A. The money given me by Mr. Gregory.
Witnesses for the Defence.
WILLIAMS JONES . I am a clerk in the prosecutor's office. I do not know whether Mr. Adams has handed over cash and advertisements to other clerks to go down to the Gazette office; but I know others have gone when the prisoner was busy - I know that has often happened; I do not know who they accounted to.
COURT. Q. Have you known them at any time account with the prisoner? A. No - I cannot say that I have seen cash and advertisements, placed on the desk for the prisoner, and others have taken it.
PETER SANDS . I was a clerk of the prosecutor's. I know Mr. Adams - I have known him to transfer money over to other clerks for advertisements, and to myself in one instance; I have known when the prisoner has been busy, other clerks have been directed to take the advertisements which he should have taken - I have known that to be the case twenty times; in one instance I remember the money was laying about the desk for two days before the advertisement was inserted - I think Mr. Adams was not aware of that, because it was wrapped up in paper - there were twenty-six or twenty-seven clerks in the office; I have known when clerks have taken them down they have told the prisoner what they have paid, and it has then been his custom to account for the money so paid - the prisoner accounted to Mr. Adams and myself, or any other clerk has accounted to him - in this way he accounted to Mr. Adams for what they said they paid; it was morally impossible that the prisoner could go every time - business would not allow him, and it is impossible for me to tell what days he went - the prisoner is married.
MR. CLARKSON. Q. How long were you there? A. About three months - I cannot tell when I left; I think it
MR. PHILLIPS. Q. Whether you left in January, February, or March, what you have stated was the custom of the office while you were there? A. Yes; whether any change took place after, I cannot tell.
Two witnesses gave the prisoner a good character.
GUILTY of embezzling the 1l. on the 22nd of March, only. Aged 35.
Recommended to Mercy. - Judgment Respited .
Before Mr. Sergeant Arabin.
1106. EDMUND WORMAN was indicted for stealing, on the 13th of April , 1 watch, value 50l.; 1 watch-chain, value 2l., and 1 seal, value 1l. , the goods of Robert Vansitart ; and JOSEPH BELL was indicted for feloniously receiving the same, well knowing them to have been stolen ; against the Statute, &c.
ROBERT VANSITART . I belong to the Guards . On the 10th of April I gave this watch to Worman to take to Barwise's to he repaired; he was in the Guards, and had been my regular servant for nine months - on the 12th I found he had absconded, and I went to Barwise's to make inquiries; Worman was taken on the 16th of April - it is my uncle's watch, whose name is Robert.
JOHN URQUHART . I am a Police-man. On the 17th of April, about half-past ten o'clock in the morning, a pawnbroker came to our station-house - I went with him to his shop in Long-acre; I found the prisoner Bell at the shop, who had gone there to pawn this watch - I took him, and in going along, he said a person outside had given it him to pawn for 6l.; my brother officer, who is not here, went out to look for that person - I did not take Worman.
CHARLES SUFFELL . I live with Mr. Sowerby, a pawnbroker, in Long-acre. I have a watch, which was offered in pawn by Bell one Saturday in April; he asked 6l. 6s. for it, and said if I pushed in the how it would play a tune - I did so, and found it repeated; I then thought he had not come honestly by it - I recollected there had been a bill sent round to stop such a watch; and sent for an officer - in the mean time I pretended to write him a duplicate, and asked what name he would have it put in - he said he would go outside and see; he went out, and I went to see he did not run away - he came in again, and told me to put it in the name of Worman; I had to go round the counter to look at him - he might have communicated with some person and I not see him.
JOSEPH SADLER THOMAS . On the night stated, Bell was brought to the station on a charge of having offered this watch; I inquired whose it was - he said he supposed it belonged to a young man named Worman, who I gave it him; inquired his description, and sent an officer to fetch him; I showed him the watch, and asked whose it was; he said Mr. Vansitart's; I asked where the seal was - he said in his pocket; this is it.
WORMAN - GUILTY . Aged 23.
Transported for Seven Years .
BELL - NOT GUILTY .
MARY COALSELL . I am the wife of Thomas Conlsell , of Lower Grove-street . The prisoner took our front parlour on the 6th of May, for which he was to pay weekly; the next morning he came to me about half-past six o'clock, and asked what time it was - I thought he looked rather bulky; he went out - I ran and opened the parlour window, and missed these sheets; I ran and took him going down the street with this sheet in his hat, and this one round his body - he said he was very sorry, and he would return and give them to me.
Prisoner's Defence. I found the sheets damp; I took them off, doubled them up, and put them in the chair; in the morning I threw them on the hed, and went and asked her the time - I went out, and met a young man whom I spoke to; I then heard Stop thief! called, and saw the good lady - I went back with her, and showed her the sheets on the bed folded up, as I had put them in the morning.
GUILTY . Aged 25. - Transported for Seven Years .
JOHN WORSELDINE . I have the care of some buildings in Compton-place, St. Pancras - which were repairing; I had seen it about a week before the 30th of April; on the 3rd of May I went and missed the sashes from the house No. 6.
JAMES FULLER . I am a Police-constable. I met the prisoner on the morning of the 30th of April, about twenty yards from where the property was taken - he was in Judd-street, carrying this glass, which I took from him; this is a part of a sash which was dropped, and two pieces of glass found on the prisoner belong to this sash, and fit exactly; I asked how he became possessed of the glass - he said it belonged to his master, Mr. Cumming, in the Edgware-road; he stated before the Magistrate, that he bought it of a man coming along the street - he lived in the same place from where the property was taken.
GUILTY . Aged 25. - Transported for Seven Years .
WILLIAM LUKE . I am in the employ of John Hems , a cheesemonger , of Shoreditch . The prisoner came into his shop on the 1st of May, and inquired for eight-penny butter - I said we had none; she loitered about the shop, and then inquired again - the shop was full of people, she was behind them; I saw her take up a piece of cheese and look at a person on the opposite side, and seeing he was not looking, she put it under her cloak - she stood
The prisoner put in a written Defence, stating that she had merely gone to the door to shew the cheese to the other woman.
GUILTY . Aged 53. - Confined Six Weeks .
ELIZABETH FINCHER . I am the wife of James Fincher , and live in High-street, Wapping . On the 29th of April, between three and four o'clock in the afternoon, this watch hung in the parlour by the side of the mantelpiece; I was shaking out the tea-pot; I turned, and saw the prisoner just at my back; he unhung the watch, and ran off with it; I screamed out, "Here is a thief;" I had eight men about me who were at work in a back house, they were afraid they should be accused of it, but I said,"Here is a thief! here is a thief!;" and I followed the prisoner and took him.
GEORGE READ . I am a labourer. I heard the alarm, and saw the prisoner running towards me as I was on the bridge; I heard Stop thief! called, and took hold of him till the prosecutrix came up - another lad came behind the prisoner, and he was trying to give this watch to the other lad; I tried to secure that one, but he got away.(Property produced and sworn to.)
The prisoner handed in a petition, representing that he had been led into bad company - that his companions had made him intoxicated and persuaded him to commit the offence.
GUILTY . Aged 14. - Transported for Seven Years .
ELIZABETH KELLY . I am single , and live in Cumberland-court, Tottenham Court-road . The prisoner was servant of the house and slept with me; I counted two sovereigns and 27s. in her presence between ten and eleven o'clock at night on the 8th of May - I put them into my brother's box, locked it, and put the key into my pocket; when I went to bed I put that pocket under my pillow - I was to get up at four o'clock the next morning but was rather late, and asked the prisoner to go and assist me to milk a few cows - she returned home before me; I missed my key about nine o'clock, when I went to get something from the box - I broke the box open between eleven and twelve o'clock; I then missed the money, the bag it had been in, and the shawl; the prisoner had gone away about six o'clock - she was taken the same night; she had given no warning.
SAMUEL HAMER . I am a Police-officer. I went on duty at five o'clock that Sunday afternoon; I received information of this, and a description of the prisoner's person - I took her that evening in Chequer-alley, Bunhill-row; I asked how she came to do it - she said I have part of it in my pocket, and gave me two sovereigns and some silver, and this shawl which was on her back; the bag has not been found - she gave me these two keys; one opens the box.
Prisoner's Defence. She gave me the keys and money to keep for her.
GUILTY . Aged 22. - Transported for Seven Years .
HENRY WRIGHT. I am a plasterer . I was at work in Cumberland-crescent, Bryanstone-square , and put my coat in the drawing-room; a person lived there: I did not see the prisoner till there was a cry of Stop thief! my coat was taken about two or three o'clock on the 21st of April.
JOHN ANSTIS . I saw the prisoner on the staircase of the house; he was a perfect stranger - I was at work there; I went into the front drawing-room, and heard some one run down stairs - I pursued, and saw the prisoner running with the coat, which he dropped about half way down Seymour-street; I took it up, and still pursued - he took off his own great coat while he ran, and dropped that; I took that up, and still pursued till he was taken.
Prisoner's Defence. I went to the door, and met a man with this coat; I bought it of him.
GUILTY . Aged 22. - Confined Six Months .
1113. WILLIAM MILLER was indicted for stealing, on the 17th of May , 6 shovels, value 12s.; 6 scythes, value 15s.; 1 knife, value 3s.; 40lbs. of nails, value 30s.; 1 pair of hinges, value 1d.; 1 hammer, value 2d.; 1 bradawl, value 1d., and 1 brass cock, value 2d. , the goods of Charles Farmer .
JOHN WOOD . I am in the employ of Charles Farmer, of St. John-street , ironmonger . The prisoner was in his employ four years ago, as a porter , and knew his shop - the prisoner now lives in a house adjoining; there is a wall eight or ten feet high between his premises and the prosecutor's - our warehouse is at the back of our peremises, and had been lately fastened with a padlock; the lock had not been broken, but I found on the morning of the 18th of May, that a piece of paper which I had put across the door the night before, was broken - I got an officer, who went with me to the prisoner's house about half-past six o'clock in the morning; we found him in bed, and six shovels, six seythes, some nails, some hinges, and a bolt were between the sacking of his bed, and a child's bed - we found this bag of nails, and I saw the officer find one nail in our yard, between the warehouse and the wall - I have not the slightest doubt they were my master's; I had seen that bag of nails in the warehouse the night before.
Cross-examined by MR. LEE. Q. Is there any internal communication between the warehouse and the prisoner's house? A. No; Mr. Farmer sells a great many nails, but we do not sell one bag of this sort in twelve months - they are of a superior description; I know Freeman - I do not know whether he sells nails; we have sold him bar-iron - the only thing I can swear I
CHARLES FARMER. I believe these articles are my property.
Cross-examined. Q. Have you any partner? A. No; I do not know what way of life the prisoner is in - I have missed property like this; I am certain the bag of nails had not been sold; I do not suppose I have sold half a dozen scythes within the last twelve months - we sell very few now; that hammer could not have been sold - it is an old one; I do not know the hand-writing of Mr. Freeman - he has never bought nails of me; I have discharged a shopman lately who I suspected had robbed my till.
Witness for the Defence.
- CLARK. I am a boot and shoe-maker, and live in Northampton-street. I sold the prisoner a lot of goods some time back, and among them was a small hammer, similar to this - it was broken, but I think not so much as this; I should claim this as mine - I think it was about three months ago; I sold him goods to the amount of about 8l. - there were some axes and other things.
GUILTY . Aged 32. - Transported for Seven Years .
SARAH O'CONNOR . I am the wife of Michael O'Connor - we keep a clothes-shop in Old-street . I broke a window; the female prisoner came and said her husband would mend it for 2s. 6d. - I said I would not give more than 2s.; she returned, and said her husband would do it for 2s. 3d. - it was at length agreed that it should be done for 2s.; the other prisoner came and did it - he appeared rather drunk, and cut his finger; when they were gone I missed a coat from the counter - I went out after the woman, and said, "You have my property under your shawl;" she said, "Oh, Yes, take it," and gave it into my hand; she then ran away - I told a girl to go and take the man; I had paid the 2s. for the window.
William Edwards' Defence. I received no money for the glass - it was not paid for.
M. A. EDWARDS - GUILTY . Aged 25.
Confined Three Months .
W. EDWARDS - NOT GUILTY .
1115. JOHN WILLIAM COPSON was indicted for stealing, on the 1st of May , 1 sheet, value 5s.; 4 shirts, value 6s.; 1 gown, value 5s.; 1 petticoat, value 6d.; 1 shift, value 4d.; 1 yard of muslin, value 6d.; 1 shawl, value 6d.; 2 pinafores, value 1s., and 1 veil, value 2s. , the goods of Robert Ripp .
ELIZABETH RIPP . I am the wife of Robert Ripp , and live in Chester-place, Bethnal-green . The prisoner's uncle lodged with me for fourteen years - he used to come and see him; he was very good to him - he used to sleep with his uncle at night, and go out in the morning to work as a journeyman shoemaker; he came there on Saturday night, the 1st of May - I went up stairs to find a little bedgown for my child, and this property was in my bed-room - I asked the prisoner's uncle to lend me a light, and the prisoner came and brought it; he saw me take these clean articles and put them in a chair - it was then rather late: I came down after I had put the child to bed - he came and asked if I had heard of the new Act that was about to pass, that no one was to be hung for housebreaking unless they committed murder; I said, "I hope, John, you will never do it;" soon after I heard him go into the yard - he then went up again; soon after I heard him run down stairs very fast, and went through the passage - I said,"Who is that?" he said, "It is I;" I knew his voice, and my daughter said, "That is John, run down, you had better go and see if all is right;" I went up, and saw my drawers shut - I did not look further; I did not miss the things till Sunday morning, when I had not a clean thing to put on; the prisoner did not return that night - he was taken the week afterwards.
ROBERT CULLEY . I am an officer. I took the prisoner on the 8th of May, in Windmill-street, from information I received from a person named Hawkins: he said he knew nothing about it - I took him to Marlborough-street - he said in going along, "It is a d - d good job you took me to-night, you would not have had me to-morrow; I was going in the country on a tramp;" the Magistrate sent him to Worship-street, and in going along I asked him who the person was who had been robbed - he said,"Ripp, No. 2, Chester-place, Bethnal-green;" I did not then know who it was.
Prisoner's Defence. I know nothing about the things - I went home that night, and went into the passage without any one letting me in; the door is sometimes bolted, but not always.
GUILTY . Aged 22. - Transported for Seven Years .
ELEANOR DEAR . I am in the service of Mr. John Walker, of Old Cavendish-street . Mr. Wilkinson, next door, told me a man had been moving something from the door; I went into Oxford-street, where I saw the prisoner with this cheffioneer on his shoulder - I asked where he was going to take it; he said a man gave it him to carry - I said "No, you have taken it from Mr. Walker's shop - you must bring it back, again;" I took hold of his coat - he came back, and put it down at the door, where I saw it stand before; I gave him in charge.
Prisoner's Defence. A gentleman told me to carry this to the end of Bond-street.
GUILTY. Aged 21.
Recommended to Mercy . - Confined Six Weeks
Joseph Dore , from the person of Henry Dore .
SOPHIA DORE . I am the wife of Joseph Dore ; my son Henry is fourteen months old. On the 13th of May I sent my little girl out with him - he had a fur cap on; she came back, and said a boy had got the cap - I sent her out, and the prisoner was taken.
WILLIAM BUTEUX . I was going to a house in Gloucester-row; there was a truck there, and the prisoner ran up against it - I suspected all was not right, and said, "What a hurry you are in;" he said, "I am only playing at whoop;" I said, "What have you here?" and went to take this cap, which was behind him; he threw it down I took him to the station-house; the little girl came and told me he was the boy.
MARY DORE . I took out my little brother with this cap on; I saw the prisoner and two other boys - the prisoner asked if my brother's name was not Henry; I said Yes - he then took the cap off the child's head, and ran away; I went and told my mother - she sent me to look for him; I found Buteux had stopped him.
Prisoner's Defence. I took it off the ground - I did not take it off the child's head.
GUILTY . Aged 12. - Whipped and Discharged.
1117. SUSANNAH BOULTER was indicted for feloniously receiving on the 27th of April , 2 pairs of shoes, value 5s., the goods of Samuel Edward Stannard , well knowing the same to have been previously stolen ; against the Statute, &c.
EDWARD STANNARD . I am a shoemaker , and live in Princes-street, Soho. On the 27th of April a person came and said he had seen three pairs of shoes taken from my shop - this was between ten and eleven o'clock; I looked, and missed them - I took another pair from the shop, and went to some pawnbrokers, to stop any shoes of that description; soon afterwards a Police-man came - I went with him, and saw one pair of my shoes, which the prisoner had pawned.
ROBERT HUSON . I am a Police-constable. I was called into a pawnbroker's, and found the prisoner there; Howse gave me one pair of shoes, which she had attempted to pawn - I took her, and in going to the watch-house she said they had been given her by three boys, whom she named, and they were waiting her return in Bainbridge-street - I went there, but they were gone; she also told me she had pawned a similar pair in Tottenham-court-road - I took the prosecutor there, and he owned them; the prisoner said the boys had stolen the shoes - I made her no promise.
WILLIAM HOWSE . I am a pawnbroker. I stopped the prisoner, and gave information - I was not there when she first came, but from what I heard from my shopman I came down into the shop, and asked the prisoner whose shoes they were; she said her brother's, and she would fetch him - I detained her, and gave her into custody.
ROBERT SPINKS. I live opposite the prosecutor's shop. I saw two boys take some shoes from his shop, and run away - I told him of it.
Prisoner's Defence. I did not know they were stolen; they came and asked me to pawn them, which I went to do, and they said they would give me 1s. - I never said they were stolen.
GUILTY . Aged 18. - Transported for Seven Years .
WILLIAM WINTERBORN . I am a shoemaker. The pri- was my apprentice , and left me about seventeen years ago last February; he asked me leave to go and see his friends- I gave him leave, and after he was gone I heard he was married; I do not know any thing of the marriage, but I saw him living with a person - I think that was the summer following; he never returned to me.
BENJAMIN WILLIAM VALENTINE . I am an officer of Marlborough-street. I apprehended the prisoner on the 4th of May, at the Coachmakers' Arms, in Old Quebec-street; I told him he was charged with bigamy - in going to the office be acknowledged that his first wife was alive, and said he left her on account of her misconduct; I have two certificates, one from St. John Zachary, and one from St. Luke's, Middlesex - I have examined them carefully - they are correct.
Cross-examined by MR. LEE. Q. Where did you get the first certificate? A. From his first wife; I only knew her to be his wife from what she said - I received this other from the other person who said she was his wife - I am positive they are correct copies. (read)
ELIZA CHAMBERLAIN . I am a laundress , and live at Hoxton. I have known the prisoner about six years - I married him at St. John Zachary, Aldersgate-street , on the 8th of June, 1827 ; I had the copy of the register, from the clerk of that parish - he said he was a widower; I had no money - we lived together two years, and had two children, who are both dead - he did not use me well; he followed the business of a waiter - his wife afterwards came and made herself known to me.
MR. LEE to MR. WINTERBORN. Q. When he left you, what age was he? A. I should think about nineteen years and six months.
NOT GUILTY .
JOHN SKINETT . I was in Crawford-street on the 26th of April, and saw the prisoner carrying away a carpet from the prosecutor's, on his shoulder; he was about two yards from the house - I did not see him come out of the house; I gave him in charge of an officer at the end of the mews - he said he was desired to carry it some where; I desired him to take it back to where he had taken it from, that I might know where it came from.
Prisoner's Defence. I was coming from work that evening; and a man asked me to carry it for him, and he would give me 2d. or 3 1/2d.; it was not likely I could run with that carpet.
GUILTY . Aged 17. - Transported for Seven Years .
Paddington . I had two sovereigns, 13s., and some halfpence in the desk, which was locked, and in the counting-house; it must have been taken between eleven o'clock on Tuesday night and seven on Wednesday morning, when I found the desk had been broken open with a poker, which lay by the side - the persons had forced back a sliding window; there were a great many pigs in the yard into which the counting-house window looks - I knew the prisoner very well, and had suspicion of him; I ordered our foreman to go about Paddington, and see if he was sporting about with any money - the prisoner knew the premises very well.
WILLIAM CLARK . I am horse-keeper to the prosecutor. On the Tuesday night the dog barked, and awoke me - I got up to look at the pigs, and saw the prisoner lying between the wall and the pigs; he had no right there - he was not at work for master at that time.
WILLIAM PETTEFER . On Wednesday morning, the 19th of May, I was going to work - I met the prisoner, who asked if I would have something to drink; I said I would, and he went to a crater at the corner of Green-street, North-road, and took out two sovereigns - he said,"See me pick money out of dirt;" we then went to the corner of James-street, met Kirkbam, and I left them together.
PHILIP WEBSTER. I am an officer. I was at Haltongreen fair on the 20th, and took the prisoner on this charge - he said he knew nothing of it; I asked how he came by the new clothes which he had on - he said he had bought them with some money he had saved up.
ELIZA KIRKHAM . On Wednesday morning, at half-past six o'clock, I saw the prisoner - he brought me a shirt to wash; he put his hand into his pocket, and gave me a shilling - I walked with him to the wharf, and he gave me 2d. to get a glass of gin; between the 2d. were two shillings, and in his other hand I saw a sovereign and some silver - the shirt he gave me to wash was all over soil.
Prisoner's Defence. I had 14s. a week for working in his yard, and saved the money to buy these things.
NOT GUILTY .
FRANCIS JOHN GATES . I am a leather portmanteau-maker . A young woman asked me to go to Tothill-fields prison to show her the way - I went and saw the prisoner inside there, and a young man whom I and the prisoner knew - we all walked home together to No. 12, Tothill-street ; I afterwards missed my watch - I suspected the prisoner, because I knew the other young man; I asked the prisoner if he had it, and he said he took it for a lark - I asked where it was, but he did not tell me; I took him towards the Seven-dials, and gave him in charge - I had taken him home with my friends, and they were there an hour before I missed my watch; he went down for a few minutes, and when he came up I missed it - he said it was a lark, and he would produce it again; I said he should not play these larks with strangers, if he did with friends.
ELIZABETH MORRISON . I am the wife of Henry Morrison . I was in the witness' room, and saw the watch in a marble stand - the prisoner came home with the prosecutor, and was asked to have some tea; I saw the prisoner stand by the mantel-piece with his hand down by his side- he then went out for five or six minutes, then came back, and went into the next room to tea; the watch was then missed, and the prisoner was the first to take off his coat to be searched - I took hold of his collar, and said,"You are the only stranger that has been in the house."
AMELIA ROBINSON . I was taking care of Mrs. Taylor's room while they went out; the prisoner returned with the prosecutor a few minutes after three o'clock - I saw the watch safe at half-past three o'clock; the prisoner then went out for five or six minutes - he came in, and went into the next room to have his tea; there was a question about the watch, and he offered to pull off his coat - he was then accused more seriously of it; he said it was only a lark, and if he were let go he would get it; the prosecutor said, "You may, but I will not lose sight of you."
The prisoner put in a written Defence, stating that he had left the room for a necessary purpose, and denied having had the watch; he received a good character.
GUILTY . Aged 20. - Confined Six Months .
SARAH LANE . I am the wife of John Lane: he is on the military staff, at Coventry - I live in Wilderness-row, Chelsea ; the prisoner was in my employ to turn the mangle. I missed these things on the 21st of April - he had not been at work that day.
JOHN LAVENDER . I lived at the prosecutrix's - when she came home she accused us of some things she had missed; both the prisoner and I denied it, but the prisoner afterwards owned that he took the shirt.
Prisoner's Defence. I was employed at her mangle, and found this duplicate in a corner under the mangle - she came in, and said she missed some things; I said,"Here is a duplicate of a shirt;" I know nothing of the other things - I have found duplicates before now, and given them to her.
SARAH LANE. He found one duplicate, and gave it to me.
NOT GUILTY .
Bethnal-green-road - I then met a friend, and said, "This young man wants my money, he has been trying after it a good while" - the prisoner said he had not; I did not know I had lost my money till the next morning - my fob and money were gone.
Cross-examined by MR. PHILLIPS. Q. Were you and the prisoner larking together all the evening? A. No -I went out about seven o'clock; I left him about half-past eleven, and he met me again about one - after I left him I had three glasses of rum, and we had had a pot of porter before, to drink with our eating - he was soberer than I was; I did deny having any money, and borrowed 6d., but I had put this money away - I was brought here once, but it was only for manslaughter, and I was honourably acquitted.
BENJAMIN GOGAY . I am a weaver. I met the prosecutor as I was going home - he was on the ground, and the prisoner was getting him up, as I considered - I came up, and the prosecutor's nose was cut and his face smothered with blood - he said the prisoner had got his money, and he said he had not; John Colley had his hat- I said I would see him home; I then saw the prisoner put his hand against his breast, and draw it away suddenly - I heard him say some words, the last of which were that he had his money; I then saw the Police-officer, who came, and took the prisoner - he gave him three shillings, one by one; the half-crown piece then fell - the prisoner took it up, and said he had more right to keep it as he was a friend of his - at last, with a great deal of persuasion, he gave him a penny - piece instead of the half-crown; several persons said it was a half-crown - the prisoner said so help him God that was all the money he had; the Police-man said if he would not give him the money he would take him into custody - he then took it from some part of his person, and gave it him, saying if he must have it he must.
Cross-examined. Q. Then the prisoner said at once that he had the money? A. He did; he was let off on bail before the Magistrate; but I was not at the first examination; I considered him sober - they said he had been drinking, but I did not believe it; the officer was there at the time he said he had his money, and he refused to give up all the money; he followed us with a great deal of abuse, in a very ridiculous manner.
LEVI NEWMAN . I saw the prisoner and the prosecutor together; Gogay was holding up the prosecutor, who said he was robbed - I seized the prisoner with 5s. 6d. in his hand; the half-crown fell from his hand - he took it up, and gave me one penny-piece, and said that was all he had got; I said I had seen a piece of silver, but could not tell whether it was a crown or half-crown - he at last gave it me.
Cross-examined. Q. Did not he say he had the prosecutor's money, and he would keep it? A. He said he took it for fear he would be robbed - he was well aware that I knew he had it, as he did say something to the effect that he would keep his money, as he had as good a right to it as I had; I hardly knew what to think of it - I did not see him strike any body, but I believe he did strike two or three; he was a little gone I believe.
NOT GUILTY .
JOHN BARNES . I am a cooper , and live at Limehouse . The prisoner worked at shirt-making three or four days before the 23rd of April; on that day I had a sovereign taken from a tea-caddy, which I had seen safe with five others and a half the evening before; when I came home I missed one - I sat down in the room for some time, and then went out for about an hour; I returned, and told my landlady that some person had been in my room - it was an upper room, and the prisoner worked in the room adjoining; I had locked my door when I went out in the morning between six and seven o'clock - I found it locked at night; I had not marked my sovereign, but I am sure I had six and a half - the landlady and the prisoner both denied it; the landlady wished to lay it on my apprentice.
JOSEPH ORGAN . I am an officer. I was sent for; I found the prisoner and the landlady - the prisoner denied all knowledge of the sovereign; I searched her, but found nothing - the prosecutor still persisted, and said he would have her taken to the watch-house; she put on her bonnet and shawl, came down, and turned into the kitchen on the right hand; I did not follow her, but she came out with her left hand clenched, and said, "This is the sovereign; I took it from Mr. Barnes' room, I hope he will forgive me."
GUILTY. Aged 23.
Recommended to Mercy by the Jury, believing it to be her first offence .
Confined One Month .
JOHN SIMPSON . I am in the employ of Mr. John Smith , a shoemaker . On the 26th of April the prisoner came and asked for some shoes; he tried on shoes for I suppose three-quarters of an hour, but he was not to be fitted - I then showed him some light shoes; I saw something in his jacket, which I thought was a pair of shoes; I asked what it was - he said, "A pair of shoes;" and gave me out a pair which I had shown him.
Prisoner's Defence. I had them in my hand, and was
GUILTY . Aged 22. - Confined Three Months .
GEORGE LUXTON ASH . I am in the employ of Mr. Richard Keary - he lives in Strutton-ground . On Saturday night, the 8th of May, I was serving two ladies at the butter-counter; the prisoner came in, took a piece of pork off the stall-board, and shoved it into her basket; she then went to the cheese-counter, took a piece of cheese, and put that into her basket; she was going to take another piece, but I went up to her - this is not the first, second, or third time she has done it in our shop, and I have let her go; I gave charge of her, and 14s. 6d. was found on her, so that it was not done for want.
Prisoner's Defence. I went to receive my husband's wages; I got a sovereign, and got a little drunk - I am subject to epilepsy, and felt it coming on; I went to this shop to buy some butter and cheese, but whether I paid for what I had I do not know; I never knew I was in custody till the next morning.
GEORGE MOORE. She appeared to me to have all her faculties about her.
GUILTY . Aged 33. - Transported for Seven Years .
WILLIAM THOMAS EDWARDS . I am shopman to John Sowerby , of Brick-lane, Spitalfields . On the 12th of May the prisoner came to our shop - he went out, and a boy came in and said, "A boy has run out with something;" I looked, missed a green shawl, and gave notice to stop it, and he was taken the same day.
HENRY JEROME . On the 12th of May I had information that a shawl was missed; in ten or twelve minutes the prisoner came in with this shawl to pledge - I gave it to the officer.(Property produced and sworn to.)
GUILTY . Aged 12. - Whipped and Discharged.
1128. HENRY LITTLE was indicted for stealing, on the 18th of May , 2 shifts, value 2.; 8 handkerchiefs, value 8s.; 1 slip, value 6d.; 2 petticoats, value 2.; 1 spencer, value 6d.; 1 gown, value 1s.; 1 cap, value 6d.; 2 napkins, value 2s.; 1 table-cloth, value 1s.; 1 glass cloth, value 6d.; 1 duster, value 6d., and two towels, value 1s. , the goods of George Raggett .
SAMUEL BONNER . I am servant to Mr. George Raggett . who lives in Jermyn-street. On the 18th of May I hired a coach, and told the coachman to go to Torrington-square, where my young mistress was; this property belonged to my master, and was in a bundle, which I put into the coach, and got on the box; the prisoner was standing by the coach, talking to the coachman, when I hired it in Tottenham-court-road - the robbery took place in Gower-street ; I looked round in Gower-street, and saw the prisoner going away with the bundle - I got down and gave charge of him.
Cross-examined by MR. PHILLIPS. Q. Did not you tell the Magistrate the prisoner was not the person who took the bundle? A. No - the doors of the coach were shut; I do not know how any one could have got the bundle- I did not hear the doors opened; the coach was driving slowly on - I do not know that there was any hole in the coach; the prisoner did not say he picked it up - I do not think it impossible that it could be got out; I was on the box with the coachman - the coach did not stop; this is the bundle.
Cross-examined. Q. Was the coach-door open? A. Not when I saw it; when I heard the cry of Stop thief! in Gower-street, he had got too far a head of me to see him - the coach did not stop; I did not see him take any thing.
Prisoner's Defence. I picked them up in Gower-street; the servant came and took me - then the Policeman came, and he did not give charge of me, as he said he had the property - I was then going up Chenies-mews, and was taken.
GUILTY . Aged 23. - Transported for Seven Years .
Fourth Middlesex Jury - Before Mr. Common Sergeant.
MR. CLARKSON conducted the prosecution.
JOHN PERRING. I am a hatter ; I have four houses of business - one is at No. 85, Strand ; in April I had reason to think my stock there was diminished; the prisoner was in my employ there. On the 17th of April I left that shop to go to dinner, leaving the prisoner there; I did not miss any thing when I returned, but in the course of that day I missed a hat, which was particularly light, and was marked with my own hand-writing W.P.; I had bought it of Mr. Serle - the prisoner was taken into custody on the Tuesday morning following.
Cross-examined by MR. ADOLPHUS. Q. What is this mark in? A. In chalk, as I always mark them; I have A., C., and W. P., for best hats - the prisoner has marked my hats sometimes; I paid him 33s. a week - he said one day, "I can sell a great many hats on my own account, will you allow me to do so?" I said, "I have a great objection to any shopman of mine selling hats so, but if you have any friends, let them come here, and you shall have half the profit - I brought two charges against the prisoner at Bow-street, and have prefered two others since; I should think he has sold about 10l. worth of hats to his friends I have one shop in the Edgware-road, and one at Hammersmith; I was in difficulties in the early part of April, and compounded - I did not state that I had lost a great many hats, but could not tell how; I did not give any account on paper - I swear that no hats were found nailed up in
STEPHEN SAMUEL SHIPPER . I am shopman to Mr. Cameron, a pawnbroker. The prisoner came to our shop one day in April, between one and two o'clock, and offered this hat to pawn - he gave his name as John Stevens , No. 7, May's-buildings; I lent him 8s. on it - this is the counterpart of the duplicate.
Cross-examined. Q. Had you known him before? A. No - persons often give a false name.
JOSEPH SADLER THOMAS . I am a superintendent of the Police. I took the prisoner on the 20th of April - I found on him two duplicates; one is for a hat, on which 8s. had been advanced; I asked what this duplicate related to - he said it was his own.
MR. PERRING. This hat is my property - it has a mark by which I know it; there is nothing particular in the mark, but the hat is particularly light.
Cross-examined. Q. I suppose the mark would have been there whether it was sold or not? A. Yes - the prisoner knows my mark as well as I do; if it was wetted it might have been taken out.
MR. CLARKSON. Q. Are you able to state that this hat was in your shop between one and two o'clock on the 17th of April? A. It was in my shop previous to my going out - I had had it in my hand.
The prisoner's Counsel called -
ANN NASH . I am a hat-trimmer, and was employed by Mr. Perring - the prisoner also employed me to trim hats for him; the prosecutor has seen me trimming hats, and asked me who they were for - I said for Mr. Helsham; he made no objection - that was not a month before I left his employ; he never complained of the prisoner employing me - I know the prisoner sold hats on his own account; I have seen cards, which he distributed - they were like this,"John Helsham, hatter, No. 85, Strand;" I saw such a card as this three months before I left - I used to work at the prosecutor's shop; I have seen hats which have been marked by the prisoner and by Mr. Perring - they were very much alike; they were only chalk - their best hats were marked W. P., their guinea hats A., and the 18s. hats C. - I never could distinguish the difference between the prosecutor's mark and the prisoner's; I remember when Mr. Perring's creditors came to see his stock, but I had left before that - there were some orders given in preparation for that.
MR. CLARKSON. Q. You were a trimmer of hats? A. Yes - it is two months since I was turned away - he found some trimming at my house, which are generally trimmers' perquisites, but he had discharged me before he saw them to gratify a base character of a woman.
MR. ADOLPHUS. Q. What was her name? A. Mrs. Flood - she was under Mr. Perring's protection; there was not a bit of new trimming among those he found at my house - they were old trimmings; it is a part of my duty to strip off old trimmings and put on new - he had one trimmer to each of his shops; he did not take me before any Magistrate; they were not worth 2d. - I generally have them to sell to a Jew.
MR. CLARKSON. Q. What was the mark that was in it? A. S+2 - I mark all my hats S+1, 2, and 3; I could not swear to the hat I gave the prisoner - I serve Mr. Perring with the same sort of hats, and marked in the same manner; I made the prisoner a present of one hat.
COURT. Q. Why did you swear you gave him this hat, when you do not know it? A. I cannot swear to this hat.
MR. CLARKSON. Q. When did you give the prisoner a hat? A. The latter end of April, and I sold him one about the middle of March; I do not know the size of either of them - I am sure the one I made him a present of was the latter end of April; he required a bill, and I made out a bill for two hats bought of me, though I gave him one of them - it is about a fortnight since Mrs. Helsham came to me for the bill for two hats, and I gave it her; I made him a debtor for both the hats.
MR. ADOLPHUS. Q. You say you sold him a hat in March, and gave him one in April? A. No - I gave him one first; that was some time in March, I think - I did not keep an account of it; I had both given and sold these hats before the 23rd of April; I have sold such hats as these to Mr. Perring - I think I had sold him some in January, February, and March; I had sold him some about April- I did not know that the prisoner dealt in hats; my manufactory is in King's Bench-walk, Borough.
JOHN PARK . I live in Guildford-street, Borough. I know the prisoner - he dealt in hats in March and April last; I have sold him hats while he has been in Mr. Perring's shep - I have been to that house, No. 85, Strand; I do not know whether Mr. Perring knew he dealt in hats.
- AMOS. I am a hat-maker. I have sold the prisoner hats on his own account, and generally sent them to No. 5, Norfolk-street - I sold hats to Mr. Perring, and generally sent them to No. 85, Strand; I do not know whether Mr. Perring knew the prisoner dealt in hats.
MR. CLARKSON. Q. Has he bought a hat of you this year? A. No.
- PEECH. I am a hat-maker, and live in John-street, Blackfriars-road. The prisoner has bought hats of me - I think he bought some in January last; one was delivered at his own house, and one he sent a person for- I do not know whether Mr. Perring knew that he dealt hats.
J. S. THOMAS re-examined. I got the duplicate from his fob on the 21st of April; I questioned him as to the hat - he said, "It is all right, it is my own property;" Mr. Perring was in the shop at that time, and we were in the back parlour - the prisoner did not produce the duplicate himself; he said before the Magistrate that Mr. Perring knew he dealt in hats.
NOT GUILTY .
JOHN HELSHAM was again indicted for embezzlement .
JOHN PERRING . The prisoner was in my employ on the 10th of April; I had a hat with red leather, and the others had red silk in them - I saw that hat at twelve o'clock at night, when the shop was closed, at No. 85, Strand ; the prisoner was then in that shop - I missed it on the Monday morning; I have examined my books - they are here, and there is no account of the sale of that hat - I generally keep them myself; it was the prisoner's duty to enter every thing he sold on a slate, or in the book- there is only one sold on the 12th at that price, and that was to Mr. Wilde, the performer. for 21s.
Cross-examined by MR. ADOLPHUS. Q. This is your own hand-writing? A. Yes; what was set down on the slate was rubbed out when I entered it in the book - the prisoner was sometimes there to read it to me; I do sometimes leave it for two or three nights - I cannot say whether it was left as much as a week; I might have been out of town, and then it must have been left - no one but the prisoner had access to that slate; it hung behind my desk- I had a porter, an errand-boy, and a work-girl there - the prisoner was not always present when I entered my accounts; I cannot recollect whether I took it down that Monday night or not; I might leave it till Tuesday - here are two hats marked C. sold on the Tuesday; the one to Mr. Wilde was not sold that day - it was paid for.
MR. CLARKSON. Q. Should you know the hat again that was lined with red leather? A. Yes; I have seen it in the possession of Mr. Sharp - it was a guinea hat; I missed it about eleven or twelve o'clock on Monday, when I wanted to show it to a gentleman; I am sure I saw it on the Saturday night, and I had no account from the prisoner of the sale of it - he had no authority to sell my hats without accounting to me for the proceeds.
JURY. Q. Did you inquire of the prisoner for it? A. No, I thought very likely it was in another place, and I might find it - the only hat I received a guinea for on the Tuesday, was one which had been previously supplied to Mr. Wilde.
ROBERT SHARP . I am a groom. I went to Mr. Perring's shop for a hat; it was brought down to the stable to me - I said I did not like it, and the prisoner said, "If you will bring it back to the shop I will give you another;" and on Easter Sunday, the 11th of April, the errand-boy brought me another - on the Monday I saw the prisoner, and he said, "How do you like your hat?" I said, "Very well, I will keep this;" I had paid the prisoner on the 20th of March for the first one, and it was exchanged on the 11th of April.
Cross-examined. Q. Who did you buy it of? A. Of the prisoner; he said, "Will you have it on Mr. Perring's account or mine?" I said, "I don't mind - I will pay for it."
MR. PERRING. This is the hat which I looked for on the Monday; I had seen it on the Saturday - the prisoner had no interest in it; I have received no account of the payment for it; here is one hat sold by the prisoner on the 20th of March, for a guinea; one hat for 1l., one silk hat 12s., and another hat 21s. - I do not know who that was to, but it is marked W. P., another quality; the other one sold at 21s. was to Mr. Sheldon.
NOT GUILTY .
JOHN PERRING . The prisoner was in my employ at Christmas last; I had this hat then in my possession - here is my writing in ink on the lining of it, W. P., 678; the last time I saw it was in the early part of January - I missed it about that time, and spoke to the prisoner, who said he supposed it must have been sold; I had bought it of Mr. Bowler, No. 24, Nelson-square, Blackfriars-road - I saw it again at Mr. Archbutt's, the pawnbroker; this is it.
Cross-examined. Q. Did you speak to the prisoner about this hat in particular? A. I spoke about this and some others; I did not say any thing to him at the office: I have not said since he has been in custody that I meant to prosecute him for this - I was told by Mr. Minshull I might bring any other charge against him; I believe Mr. Humphries told me I ought to give him notice, but I am not quite certain - there was something said about it; I cannot tell what the words were, or their real intent.
WILLIAM BOWLER . I am in partnership with my father - we are hat-manufacturers, and live in Nelson-square, Blackfriars-road. This hat is our manufacture; I never sold hats to the prisoner, but I did to the prosecutor; this hat is worth 16s., the wholesale price.
Cross-examined. Q. Has the prisoner ever dealt with your father? A. Not that I am aware of.
LEONARD GEORGE NEEDES . I am shopman to Mr. Archbutt, a pawnbroker. I received this hat on the 13th of January - I have the counterpart of the duplicate I gave- this is it; I do not know who pawned it.
Cross-examined. Q. Is this duplicate your writing? A. Yes.
Prisoner's Defence. It is quite impossible for me to make a defence - I knew nothing of this case till I was put to the bar.
The prisoner received a good character.
GUILTY. Aged 28.
Recommended to Mercy by the Jury, on account of his character, for the precipitancy with which the indictment had been drawn, and the dealings he had with his master .
Confined Four Months .
1132. JANE LOVELL was indicted for stealing, on the 21st of April , 1 watch, value 1l., 1 watch-chain, value 5s.; 1 seal, value 1s., and 1 watch-key, value 2d., the goods of William Later , from his person .
WILLIAM LATER . I met the prisoner on the 21st of April in the London-fields, between eight and nine o'clock in the evening, and went to several public-houses with her; we then went to an empty house - I went to sleep, and when I awoke I missed my watch; the prisoner was gone, and the front window was open - I went home, and went to bed; when I got up in the morning I went with Mr.
The prisoner put in a written Defence, stating that the prosecutor had promised her 4s., and not having any money he gave her the watch to keep instead, and that she gave him her address.
WILLIAM LATER re-examined. Q. Will you swear you did not tell her she might take the watch, as you had no money? A. Yes - I had about 6s. in money left the next morning; I had had about 18s. 6d. that evening - I did not take off my clothes in the house we went to; I had asked her address in the evening, and she said No. 6, Cooper's-gardens.
GUILTY . Aged 29. - Transported for Fourteen Years .
JOHN HATTON . I am shopman to Mr. James Wilson , a a haberdasher , of St. John-street . On the 7th of May I saw the prisoner at his shop; one of the witnesses showed her some articles - I saw her remove a piece of ribbon from the drawer into her handkerchief; she was going out without buying any thing - I stopped her at the door, desired to know what she had in her handkerchief, and I found this ribbon, which is my master's.
Prisoner. I showed him my money in going along the next morning, but he dragged me to the watch-house; I told him I had lost 1s. - he did not reckon it, and does not know what I had.
JOHN FERGUSON. This ribbon was, I believe, in the drawer, which I showed her.
Prisoner's Defence. I offered 10d. a yard for the ribbon - he said I should have it; he then said I should not; I then said I would not have it, I turned from the counter, and took up my handkerchief - the witness came, and said,"What have you got?" I said, "Nothing of yours;" the ribbon then fell from my handkerchief, but I did not know it was in it.
JOHN HATTON . I took it from her, concealed in the handkerchief - I had asked her twice what she had, and she said, "Nothing of yours;" the ribbon did fall on the ground - she had gone to the bottom of the lobby about fifty yards.
Prisoner. I had not gone two yards from the counter; he is perjured all the days of his life, if he says I had - I never thought it was in the handkerchief; it had not much in it - it fell down, and he took it up.
GUILTY . Aged 22. - Confined Three Months .
SARAH GILL . I am the wife of Thomas Gill , a publican . On the 20th of April, I lost a shawl from the dining-room in our house - I had seen it the over night, and missed it from six to eight o'clock in the morning - the prisoner had slept there that night, and for some time before.
Prisoner. It is an open room, next the billiard-room- I went down with my bundle in my hand, and gave it you. Witness. No, he gave it to my husband - four other sailors slept in the house, but not in that room.
Prisoner. She had drank with me in a house. Witness. No, I never did.
Prisoner. Yes, she did - she wanted 5s., but the pawnbroker would lend but 4s., and I brought it out to her.
SAMUEL WILLIAMS . I am a pawnbroker. On the 20th of April, about nine o'clock in the morning, the prisoner pawned this shawl with me - I asked whose it was; he said Ann Smith's - I lent him 4s. on it; he came in again, and took it out; I believe he said the girl would not take the money.
Prisoner. You asked if it was mine - I said it belonged to a girl, and my name was O'Neal. Witness. No, he did not.
Prisoner's Defence. I said I would not go without having some judgment about it - I thought it was Smith's; I slept four nights at the prosecutor's, and gave my bundle at the bar - on the Monday, when I was going to bed, there were four sailors in the room I used to sleep in; next morning I asked for my bundle, and on going down the street I met Smith - we went to a public-house; she said she wanted to pawn the shawl, and asked me to take it - I said, "Why can't you take it yourself?" but I went- I brought the money to her, and she d-d her eyes, she would not have it; she wanted to get breakfast for a sailor chap - she then took me down the street to another gin-shop - I then took the shawl to the other pawnbroker; he asked if it was my own, and I believe I did say it was my wife's - I then went to the prosecutrix, and I was ashamed to tell her I had been with this girl, but I told Peter, the waiter, of it, and said, "Go, and see if it is Mrs. Gill's shawl."
MRS. GILL. I believe he did take away his bundle, but I was not at home then nor when he returned - I have
NOT GUILTY .
RICHARD KNIGHT. I lost my watch, on the 16th of May, from the kitchen of my house, No. 1, Unicorn-place ; it hung on a little hook on a partition - I had known the prisoner when a boy, but had not seen him for sixteen or eighteen years till the 3rd of May, when he accosted me, and told me who he was; he dined with me that day - when I missed my watch on the 16th, I went to his parents, and he, was not there; there had been no other person in my house that day - I did not go to the door with him when he went out; the watch was in a room he had to pass to go out - I went to him the day after, and saw him in his bed-room; I said, "You stole my watch yesterday;" he said, "It is safe enough, if you will go with me to my mother's it shall be forth coming;" I gave charge of him in the course of the day.
Cross-examined by MR. BARRY. Q. Had he not been to sea? A. I have understood so - there was a man and his wife in the upper part of my house; I do not know that they had any visitors - I did state before the Magistrate what the prisoner said about the watch; I did not tell the officer I thought he was not the thief.
ELIZABETH KNIGHT . I am the prosecutor's wife. On the 16th of May, between twelve and one o'clock, the prisoner came to our house - he staid about a quarter of an hour; I saw the watch when he came in - he went through that room, and let himself out; he spoke to my husband as he went down stairs.
JOHN ROBERTSON . I received the prisoner into custody. He begged me to go as far as his mother's - I said I would take him to the station-house, and then I would go to his mother's - he said if we would let him go to his mother's the watch and all things would be set right; I said, "Have you pawned or sold it?" he said, Neither.
Cross-examined. Q. Did you go to look for it? A. Yes, from other information, but we have not found it.
THOMAS BICKNELL . I am an inspector of the Police. I heard the prisoner say, the next day, that he had sold the watch to Benjamin - I went there, but Benjamin was out - he is one of the most notorious fences we have.
GUILTY. Aged 25.
Recommended to Mercy . - Confined Six Months .
MARY COOKE . I am the wife of Richard Cooke. The prisoner lodged twice at our house; the last time for about six weeks: when she was gone I missed two blankets, a pillow, and a counterpane - we live in Speldhunt-street .
FRANCIS PARKER . I am a pawnbroker. I have two blankets and a pillow, pawned by the prisoner, on the 27th of February; I am sure she is the person; she has often been at our shop.(Property produced and sworn to.)
Prisoner's Defence. I assure you, gentlemen, I never parted with these things; I am not guilty of the crime - I never absconded from the lodging: I met Mr. Cooke, and asked him if he could accommodate me; he said he could not, as the things were gone.
GUILTY. Aged 30.
The prisoner received an excellent character.
Judgment Respited .
There was another indictment against the prisoner.
ANN MUTLER . I was going down John-square , and saw the prisoner take the saw from the ledge of the prosecutor's window - she put it under her apron, and went down the street: I gave an alarm, and she was taken.
The prisoner pleaded distress.
GUILTY . Aged 41. - Fined 1s. and Discharged.
MARY BUCKLE . I am the wife of John Buckle. Ann Tayton is my daughter's child ; she had on a necklace which was my husband's property on the 15th of May: we keep a broker's shop in Old-street ; I was sitting at the door, the child went to the corner of a chest of drawers, and up a court - she came back, and said a boy had taken the necklace; I got up, and saw two boys - I said, "Are these the boys?" she said No; I saw a Police-man come up, and told him.
SARAH FLECKNOE . I was standing at the corner of the court, and the prisoner came down with a shoe he had had mended; the child came round the corner, and he took the necklace off her neck - I saw him do it.
Prisoner. He stated, on the second examination, that I took them in front of the child. Witness. He went behind the child.
THOMAS KELLY . I was on duty, and went after the prisoner - I found him at tea: I have never found the necklace; the witness Mullice said that was the boy: I do not recollect that he said any thing to it.
The prisoner put in a written Defence, denying the charge, and stating that he had attended at the Police-office twice, and was dismissed each time, and told to come again; when the witnesses appeared he was committed.
THOMAS KELLY re-examined. Q. Did you take him the same day? A. Yes, but Mullice did not appear that day, and he was remanded till Friday; I asked him, and he said he had not taken them: Flecknoe told me his name.
SARAH FLECKNOE re-examined. Q. Are you certain he is the person who took them? A. Yes - he ran away directly before I could give the alarm; I have seen him about Old-street before: I do not know his brother.
Prisoner. Mullice has been tried here.
GUILTY . Aged 17. - Transported for Seven Years .
Second Middlesex Jury - Before Mr. Justice Littledale.
1139. BENJAMIN HARPER was indicted for breaking and entering the dwelling-house of John Whitsed , on the 16th of April , and stealing therein 1 muffineer, value 3l.; 3 silver spoons, value 8s.; 1 butter-knife, value 12s., and 1 silver label, value 4s., his property .
JOHN WHITSED, ESQ . I am a physician , and live at No. 13, King's-parade, in the parish of St. Luke, Chelsea - I am the sole housekeeper. On the 16th of April I went to bed about ten o'clock - I was not the last person up; I believe the doors and windows were secure, but that was left to the care of the servants. About a quarter-past three o'clock in the morning I was awoke by a loud noise down stairs - I got up, went on the stairs, and heard a noise of men below; I retreated to my room, got partly dressed, and then went down stairs - I found the back door leading to the garden broken open; a pannel had been abstracted large enough to admit a hand to move the bar and unfasten the bolts - the kitchen drawers were all rifled; the table-cloths and sheets which had been in them were laying on the dresser in confusion, and a cupboard in the kitchen was open - I went up stairs, and found a cupboard in the dining-room broken open, and a great coat and hat taken from it, which I had put there the night before, about eight o'clock, I locked the door, and had the key in my pocket; my family were alarmed, and a rattle had been sprung from my window, which brought up two watchmen - I went into the garden, and so did the watchman; I saw footsteps of adults against the garden wail.
MARIA CARTER . I am housemaid to Dr. Whitsed - I saw the windows and doors secured by the cook the night before this happened; the back door was perfectly safe when I went to bed - it was holted, and had an iron bar across; I got up about three o'clock, and found the cupboard and drawers of the kitchen all open, and things out of the drawers on the dresser - I missed out of the cupboard two salt-spoons, a mustard-spoon, a butter-knife and label, all silver, and a muffineer; I had put them there at eight o'clock the night before.
Cross-examined by MR. BARRY. Q. This was on Saturday morning, I believe? A. Yes - I and the cook went to bed together; I heard the noise in the house, and heard the voice of more than one person - there is no male in the house besides my master.
JOSEPH HICKLING . I live at Chelsea, and am a watchman. On the morning of the 17th of April I heard a rattle spring between three and four o'clock - a gentleman at No. 13, called "Watch! Watch! there are thieves in my house!" I went there, went into the garden, and traced two people over the walls - I followed the traces out of No. 13, into Nos. 14, 15, 16, and 17; I know no more.
Cross-examined. Q. Did you not state before the Magistrate that there were marks of four persons? A. I did not - it was only two persons; two were distinct and correct - I will not swear to more than two; they were in the gardens, across the gardens, and over the wall - I can swear there were the marks of two different people's feet.
FRANCIS HARRIS . I am servant to Mr. Antrobus, No. 20, King's-parade, Chelsea; it is in the same row of houses as the prosecutor's - William Brown is our gardener; there is a field adjoining the bottom of the garden. On Saturday, the 17th of April, about ten o'clock, Humphries called me; he had Brown went into that field before me - I followed them very soon after, and saw a pepper-box in Humphries' hand; he took it out of the ground in that field, about a hundred or a hundred and fifty yards from master's garden wall - there were some other things, but I could not tell what; I was not in the field above a quarter of an hour - I went there again on the Monday morning, and saw two young men there, who I have since seen at Queen-square; the prisoner was one of them I am certain - they were both down on their hands and knees, and appeared to be digging the ground up with a knife, just at the place where the pepper-box and things were found, and the ground was turned up in another place besides: I went within twenty yards of them - the prisoner asked me to let him get a few worms; I told him they might get some; my master rented the field at that time - I left them there, went into Church-lane, stopped there a short time, then turned round, and they had left that spot; I went round into the South-parade, and met them - they turned back, ran, and got over some garden walls; I called Stop thief! to some people who stood in the street - I ran along, but did not go over the walls: I was within twenty yards of the prisoner when he was taken - he said he hoped I was not going to put him into prison for getting a few worms, and said he had a handkerchief full of worms, but had thrown them away; I went with Dawkins, the officer, that day about two o'clock to the gardens where the thieves had gone over, and saw the footmarks of two persons in the gardens of No. 15, 16, 17, and 18; there were some in No. 14, but they were not so plain as the others - I saw Dawkins fit some shoes into the footmarks; they appeared to correspond - I saw the prisoner and the other man taken to the watch house; nothing was found on them but a common knife.
Cross-examined. Q. Such as a man might use to dig for worms? A. It was an eating knife; I did not see them go into the field - it was grass; I could not trace footsteps there - four or five places had been turned up about six yards from where the property was found; I did not examine them - there had been some rain, but I cannot say whether it rained on the following night; there was some little rain on the Monday before we went to examine the footmarks; they went over the fence to where there was no road - the field is private property; persons there would be trespassers - I gave them leave to get worms; I lost sight of the prisoner for a short time.
WILLIAM BROWN . I am a gardener, and live in Camden-street, King's-road, Chelsea - I take care of Mr. Antrobus' garden. On Saturday, the 17th of April, between ten and eleven o'clock, I went with Humphries to the field behind Mr. Antrobus' house; Harris was with us; I saw a part of the field where the grass had been moved - I raked the grass on one side, and found a silver pepper-box and some silver spoons, which I did not count - also a silver butter-slice, a centre-bit gimblet, and a small crow-bar; I delivered them to Humphries, who
Cross-examined. Q. Had it been raining that morning? A. I do not recollect; I only found one hole in the field at that time - I saw more places on the Monday following; my business lays on the premises - I think it was the week following.
GEORGE GRIFFIN . I am waiter at the Prince of Wales, Charles-street, Chelsea. On Friday, the 16th of April, about eight o'clock at night, I saw the prisoner and Murless walking up and down Arthur-street, which runs out of the King's-road at the corner of the King's-parade; I watched them there for about a quarter of an hour - I saw them again in Arthur-street about ten o'clock that night, and again at eleven in the King's-parade; I only saw them there once. On the Monday morning I heard somebody cry out Stop thief! I was sweeping the front of our house - I ran, and followed them to the end of Arthur-street; I only saw one of them, that was Murless - I lost sight of him at the corner of Arthur-street(the prisoner had ran down Steward's-grove) - I returned, and on coming into Steward's-grove I saw Murless running again; I did not see Harper till after he was taken.
Cross-examined. Q. Do you live in the same place now? A. Yes; I knew these men by sight and by name - I had seen them three or four years ago, but not since; I should consider myself a trespasser if I went to Mr. Autrobus' field.
DANIEL DAWKINS . I am an officer. On Monday, the 19th of April, after Harper's examination, his shoes were taken off; I took them with Harris to the King's-parade I compared them with the foot-marks at the back of several houses there; I do not know the numbers, but it was four or five gardens - not Dr. Whitsed's, as they had been raked out there; but in the next garden to his there was the exact impression of the shoes which I took off Harper's feet - also in the next garden, and three or four others; the impression was not so perfect as in the garden adjoining the prosecutor's, but there was the exact size to and from; the ground was dry.
Cross-examined. Q. Did the ground appear to be newly raked in the prosecutor's garden? A. I cannot tell whether it had been raked since the robbery - I do not know the numbers of the houses; the marks in the gardens next the prosecutor's were more distinct than the rest, with respect to Harper's shoes; I only speak of his shoes - I speak of them from the size, and the patches in the shoe - it is a very particular shoe; there is a patch on one side, and that showed the impression on the ground - the mould would not show the nail marks, the ground was dry; the shoe is an ordinary size - I saw no marks of the patches distinctly except in the next garden; I think it was the right shoe; it had the heel higher on one side than the other, and I think the left shoe had a patch on the upper leather; the mould would fall and fill up the nail marks - it had not fallen into the impressions, they were on a bed in the garden; I suppose it had been raked over at some time or other - the mark was pretty deep, and appeared as if the man had jumped from the wall.
JAMES HUMPHRIES . I am a constable. On Saturday, the 17th of April, about ten o'clock in the morning, I went into Mr. Antrobus' field with the gardener and groom; I first viewed the prosecutor's house, and traced footsteps into this field - I searched the field, and found a muffineer a pepper-box, two salt-spoons, a tea-spoon, a butter-knife, a silver label, two centre-bits, a crow-bar, two screwdrivers, and a gimblet; seeing some fresh mould in the field I got the gardener to rake it up, and found these things in the hole - I put the muffineer into my pocket, and the rest of the things into the hole; I showed the muffineer to the prosecutor, then returned it to the hole, and watched till ten o'clock at night - an alarm was given that somebody had come, but it was so dark I could not see; I took all the things away at half-past ten o'clock, and returned them to the prosecutor - I do not recollect seeing more than one place where the mould was loose.
Cross-examined. Q. It must have been a pretty large hole? A. Not very - the crow-bar laid alongside, and was not in the hole; the screw-driver was.(Property produced and sworn to.)
NOT GUILTY .
Before Mr. Justice Littledale.
1140. ANN HARDING was indicted for feloniously forging and counterfeiting a certain order, for payment of 2l., (setting it forth, drawn by Thomas Wilson, on Sir William Kay , Bart., Price, and Co.) with intent to defraud John Kirk .
SECOND COUNT, for uttering and publishing the same as true, with the like intent.
JOHN KIRK. I keep the Eagle public-house, Red Lion-square . The prisoner had frequented my house for ale and porter for four or five months; I do not know where she lived. On the 20th of April she brought me this cheque, and asked me to have the goodness to take 4s. out of it, which she owed me, and give her the remainder, as she was in want of money to pay her rent, and could not take it to the banker's, as it was evening - it was between five and seven o'clock; she put the cheque into my hands- I gave her 1l. 16s. in silver, and next day, in the afternoon, I went to the banking-house in Mansion-house-street; they said it was not good - they took my address, and kept the cheque; I got home between four and five o'clock, and found the prisoner waiting at my house - I called her out of the parlour, and told her of it; she did not seem to me to care about it at all - she said she could not think it was bad, she thought it was very good- I asked her to go with me to the banking-house three or four times, and see if we could make it right, but she refused; I called Betts, the Police-constable, in, and he asked her to go to the banker's - she would not, and I gave her in charge; I went with her to the watch-house, and pressed her to go to the banker's - she refused for a good while, and at last said she would go; we went back to my house, and as soon as she got there she said she would not go to the banker's - it was then nearly seven o'clock, and we went to Hatton-garden Office; the examination was put off till next day, and after the examination we were bound over - we were called back into the office, and a man came there, who said he had found the cheque among a parcel of lawyer's waste-paper, and gave it to her to go to the banking-house and see if it was good- he was detained till the Tuesday, and then let loose.
Murless was in custody, but too ill to take his trial.
NOT GUILTY .
Before Mr. Baron Vaughan.
1141. SAMUEL PULLEN , WILLIAM TAYLOR and JOSEPH SHARP were indicted for feloniously forging and counterfeiting a certain order for payment of money,(setting forth a cheque for 42l. 10s.; dated the 24th of December, 1829, drawn by Edward Smith of Messrs. Glyn, Halifax and Co.,) with intent to defraud Richard Burke ; against the Statute.
2nd COUNT, for uttering and publishing the same as true, with the like intent, knowing it to be forged.
MR. CLARKSON conducted the prosecution.
RICHARD BURKE . I keep the City of Carlisle public-house, Shoreditch . I knew the prisoner Pullen for three or four weeks previous to the 24th of December; he represented himself as a solicitor, and used my house at times, On the 24th of December, about seven o'clock in the evening, I saw him in my parlour, in company with the other two prisoners - I had not seen them come in; I was called into the parlour, and Pullen said in a friendly manner that he wanted a favour, that he had two gentlemen with him, who were clients of his, that he had just recovered them a large sum of money, and had that evening received a cheque in part payment, and I should do him a most essential favour to cash it for him, as it was then too late to go to the banking-house - I asked the amount; he showed me this cheque (looking at it) it is for 42l. 10s. - I said No, I never kept so much money in the house; he then asked if I could not accommodate him with part - this was in the hearing of the other two; he said for this reason, that those two gentlemen were his clients, and the one a country gentleman was going out of town next morning - the country gentleman was next to him, and within hearing; he said if I could accommodate him with part of it, it would be the means of serving him most essentially - I returned the cheque, and told him I could do no such thing; he introduced the others to me - he said Taylor had been a most extensive skin-merchant in the City, and Sharp was a highly respectable country gentleman; I left the parlour - Pullen followed me to the bar door; the others were not then within hearing - he requested me as a friend knowing his (Pullen's) family to be highly respectable, to let him have as much as I possibly could afford, as it would make him look respectable in the eyes of his clients; I told him I had no money in the house, except what I had taken that afternoon, and should consult my wife, which I did, and agreed to let him have 3l. - he said it would make him look rather mean and low, as he was just commencing for himself, if he had not a little money about him, after recovering so large an amount; I went to him at the bar door, and told him I would bring him what I could afford; I asked him to endorse the cheque there, which he did - I went to the parlour with him; the two others were sitting there - I counted 3l. in silver into his hands, principally in half-crowns; they all three sat in an angle, and all leaned their heads over the table - Sharp sat in the corner; they had a conversation in a low tone among themselves - I then noticed Pullen's hands under the table, and heard silver money rattling; he remained there better than two hours; they came to the bar between nine and ten o'clock, and had a bottle of wine there, and afterwards another - Sharp then praised the quality of the wine, and asked if I had a stock, as it was in his power to recommend me several good customers - I proposed to show him the stock; he accompanied me into the cellar with one of the others, and seemed quite astonished at the stock - he said he would certainly recommend me some friends, who would perhaps take twenty or thirty dozen: we returned up stairs - I then stood a bottle of wine; after that was drank they each had a glass of brandy, and so much approved of the quality, they said they would have some to take home with them; Pullen had a pint of brandy, and he had pint of whiskey to treat the country gentleman before he went out of town in the morning - Taylor had a quart of rum, a quart of brandy, and I think, a quart of whiskey - I then asked who was to pay for what Taylor had, he being a stranger to me; I considered Pullen responsible for Sharp - Taylor seemed indignant, and said,"You have got plenty in your power to pay yourself," and referred to Pullen, who said when I received the cash for the cheque, I was to pay myself for whatever they had, and return him the balance; Pullen said his money was gone, for he could not pay for the bottle of wine - Sharp paid for his bottle of wine; they were then about to part - Sharp carried Pullen's bottles for him, as he had a top coat, and large pockets - Pullen told me to let the country gentleman and the skin-merchant (as he called them, he never mentioned their names,) have whatever they pleased; I was to be paid out of the cheque - they left about one o'clock at night; Christmas-day was on Friday - I saw Pullen at my house about two in the afternoon; another person was with him, but neither of the prisoners - Pullen said his money was gone, and I must oblige him with more; I let him have 2l. more - he left, and I received this written order; in consequence of which I sent my son with half a dozen of wine to Compton-street, Goswell-street, to see if it was correct, as I did not know the man who brought it - I made that man sign the order, and had a conversation with him respecting Taylor; Pullen was in the parlour at eight o'clock when my son returned, and while I was chiding my son for stopping so long, Taylor and his man came - Taylor was angry at my doubting his respectability, and asked why I should take his man to task in the manner I did, and if I had any doubt about him, to send my bill next morning and it should be discharged; that he had come on purpose to give me another order, but now he should decline it - I (in dread of losing a good customer,) appeased him as well as I could, and told him Pullen was in the parlour; I called him out - Taylor told him what happened about his man and the wine; the order wasE. Smith's hand-writing; I went to No. 8, Winchester-street, but saw nobody there - I found pullen lived there, but he was not at home; I saw a woman and a little girl there - I returned, and asked the bankers for the real Mr. Smith's address, which they would not tell me: on the following Monday I went with Birch, the officer, to a house in Fan-street, which my son pointed out, in search of Taylor; we got in after a little trouble, and I saw some bottles, which I suppose were what my wine and spirits had been in - there were no marks on them; I brought away a stone bottle, which I believe to be mine - I there learned Taylor's address to be No. 28, Compton-street, Clerkenwell; I went there, and found the house uninhabited - between five and six o'clock that evening Sharp brought me this letter - (read)
28th December, 8, Great Winchester-street.
DEAR SIR, - Whatever money I borrowed of you, or whatever I owe, in regard to my score, &c., shall be paid in the course of this week, as I shall be in the receipt of a sum of money towards the latter end, and you may rely on my punctuality; you need not alarm yourself, for it twenty times as much it would be perfectly safe; I should have called on you yesterday, but I assure you the effects of Christmas had completely upset me - however, I will call on you no doubt this evening or to-morrow, and arrange with you to your satisfaction; I am obliged to go and attend to some business at the west-end of the town, or I should have seen you to-day. J. PULLEN.
RICHARD BURKE, in continuation. I had given Pullen credit for a few shillings besides the articles alluded to; the 2l. and 3l. was advanced to him on the cheque, which he represented as good; when Sharp brought the letter, he said he was a man of great respectability himself; that every day of his life he could command 100,000l., and if not his own money his clients had the command of it; I said I did not know he was in business - he said he was an agent and surveyor, and so highly connected, that the Chancellor of the Exchequer was a particular friend of his; he said Pullen would call on me - I thought him a man of such respectability. I did not like to have any thing to do with him; that was my reason for not taking any steps, thinking I might get nothing for my trouble -I told him I was perfectly satisfied the cheque was a forgery, and I really thought he was concerned, and was as bad as the rest - I told him this on the Monday; he protested his innocence, said he was above such a thing, and he was sure Pullen would not engage in such a thing; that there must be a mistake in it, it could not be forged, and that Pullen would certainly call that night or to-morrow - I saw none of the prisoners after that till Saturday, the 8th of May, when I saw Taylor by St. Luke's church, Old-street, and gave him in charge.
The order being read, was for half a dozen of port wine.
(Signed) W. TAYLOR.
Cross-examined by MR. PHILLIPS. Q. Had Pullen become pretty intimate with you? A. Yes - I have made inquiry about his friends, they are highly respectable; I have been personally known to them some years - he told me he had received the cheque from a man named Smith - that was the man he had recovered the money from; he endorsed the cheque at my request - I found the address correct.
Q. Why do you say you asked the bankers for the real Edward Smith ? A. Because there was an acknowledged E. Smith at the bankers' - I did not ask Pullen for the drawer's address; I have stated all he said about the cheque - the prisoners were in my bar from about ten o'clock till half-past twelve; three bottles of wine were drauk, which I partook of; I had no whiskey or brandy- I may have tasted liquor with other customers; Pullen had run a score with me before - it was under 15s.
Cross-examined by MR. BARRY. Q. Taylor and Sharp were strangers to you? A. Quite; I did not invite them into the bar - I did not ask them to endorse the cheque; Taylor himself said he was a skin-merchant; I drank with Taylor on the 26th of December; when I went to look for his house about twelve o'clock, I met him in Fan-street - I had been to the bankers at half-past nine; we had a quartern of gin among three or four of us - I paid for it, as I wanted to find who and what they were, and what steps to take; I had no assistance to secure him - I had no assistance when I did take him, but I was then in a place where I was well known; Fan-street is not a quarter of a mile from Old-street; I had not the slightest suspicion when I heard the silver jingling, but recollected it when I came to reflect afterwards.
MR. CLARKSON. Q. Are you sure Pullen told you he had received the cheque from Smith? A. He told me distinctly that he had received it in part payment of money he had recovered.
Q. Who did he say he had received it from? A. He did not tell me.
Sharp. Q. Did you speak to me or I to you, after we left the bar and came into the parlour? A. No; you paid for your wine at the bar, but what was drank in the parlour was on the strength of the cheque; what was taken into the parlour was put down in my book to the credit of the cheque, but I did not serve that.
MR. CLARKSON. Q. Was Sharp within hearing during all the transaction, while Pullen was telling you who and what he was? A. Certainly; he must have heard all that passed - he said nothing pro. or con.; the cheque was first presented to me in the parlour.
OWEN THOMAS WILLIAMS . I am a cashier at Messrs. Glyn and Co.'s. This cheque was presented at our house - it is one of the forms used by our house; we have a customer named Edward Smith, and only one - he lived in Basinghall-street; I did not pay the cheque, not believing it to be his signature - it is certainly not his hand-writing.
Cross-examined by MR. PHILLIPS. Q. You cannot tell whether you might not, some time before, have had another customer of that name? A. I know no other; I have been in the house ten or eleven years - I can
MR. CLARKSON. Q. The cheque is not like the handwriting of Mr. Smith, your customer? A. Not in the least; I should not think it was done in imitation of it; we have had no customer of that name for three years, during which time I have been cashier.
EDWARD SMITH . I am a Blackwellhall-factor, and live in Basinghall-street. On the 24th of December I kept cash with Messrs. Glyn and Co.; the signature to this cheque is not my writing, nor done by my authority; I have had an account there about eighteen months - I know nothing of either of the prisoners.
Cross-examined by MR. PHILLIPS. Q. How do you generally sign your name? A. Differently to this; when I sign cheques I put "Edw." and never a d at the top, which there is here - I generally dot the i; I am very particular in my manner of signing - I should not think it possible for this to be mistaken for my signature; it is not an imitation of my signature to cheques - the prisoners have had no opportunity of knowing how I sign.
MR. CLARKSON. Q. Does it bear any resemblance to your signature to other things besides cheques? A. I have signed other things in this way; it certainly bears no resemblance to my writing.
JOSEPH BIRCH . I live in Chapel-street, Shoreditch On the 28th of December I was a constable, and accompanied Mr. Burke to Fan-street, and to Goswell-street, On the 12th of May, in consequence of information, I accompanied Robertson, an officer, to No. 8, Great Winchester-street, about eight o'clock in the morning, and found Sharp standing in the front room, in his shirt and trousers; Pullen was in bed in the adjoining room - their beds were both in one room; Sharp asked me what I took him for - I told him he stood charged with felony, a capital offence, concerning a forged cheque which was passed to Mr. Burke; he said he knew nothing of it being forged at the time, nor till Monday, the 28th of December; he considered that Mr. Burke was doing extremely wrong, for he (Sharp) ought to become a witness, and if he was a witness he could tell me the particulars of the forged cheque passed to Burke, and several other forgeries; I asked what profession he was he said a broker and collector of rents, that he had then a suit in the King's Bench, and had several estates in the contry of his own, and was not at all afraid to meet the charge - the door between the rooms was open, so that Pullen could hear all this conversation; there is painted on the door-jam, "Sharp and Co's. chambers;" Pullen's name was not written there, but it might be up stairs; a young man came in afterwards, who Sharp called his clerk - he said, "My clerk will bring me some papers out," Robertson took Pullen.
Cross-examined by MR. PHILLIPS. Q. You found Pullen at the direction he wrote on the cheque? A. Yes, in bed.
JOHN ROBERTSON. I was with Birch, and took Pullen in the back room, on the second floor; I told him I took him for the forged cheque that was passed to Burke- he said, "Oh, very well, I will get up and dress myself - I have a very bad foot;" I told him not to hurry - when he got up he said he had sent to Burke to ask him for his bill, and he would have paid it if he had sent it; I told him whatever he said would be given in evidence, and he had better say no more - he said he should take my advice; I found on Sharp several notices of trial and other things, bearing Pullen's name, as well as his own; and some brokers' tickets with Pullen's name as well as Sharp's. (The cheque was here read.)
Sharp's Defence. I went to Burke's house to get a man to paint my name on my door, as Pullen told me several painters used the house; I had a glass or two of liquor in the parlour, which I paid the servant for - I fell asleep for some time, with my head on the table, and never heard Burke speak to Pullen or Taylor - as I was coming out by the bar, Pullen said, "Stop, let us have a drop," and we had some mulled wine - another bottle was had, which I paid for; but I never said a word about a cheque; I never saw it, nor did I know it had been passed till the Monday, when Pullen asked me to take the letter; he then said the cheque he had received had become a forgery - I said I knew nothing about a cheque; he said, "Well you were here, I hope you was not concerned" - I said I did not know a word about it, but I consider Mr. Pullen must have thought it good, or he would not have given it you, and what he had on it he will pay you no doubt - I stopped about two hours with him; he said he was very glad he had not met Pullen on Saturday, when he was in a passion, or he should very likely have given him in charge, and if he would return in the course of the week and pay him, he would return the cheque to him; I paid for what I had, and if I was concerned, why did I not order liquor as well as others? and if he suspected me, why not give me into custody then?
RICHARD BURKE re-examined. When Pullen first showed me the cheque he was sitting in the parlour - he afterwards brought it to the bar; the conversation about it was partly in the parlour, and partly at the bar - what he said about his clients was in the parlour, and loud enough for them to hear; they were sitting together as close as could be, by the door, when the cheque was produced - he held it in his hand then, and I did not take it.
Sharp. Q. When I brought the letter, did I not tell you I was a great money lender; that I lent money for other persons on mortgage? A. I do not recollect any such thing - he said he was a land agent, and could command 100,000l. every day of his life.
JOHN WILSON . On the 24th of December I was at the White Swan, Bunhill-row - Taylor was there; Pullen came in in a quarter of an hour - Taylor asked him if he could advance him some money on a cheque which he had got; Pullen said he had got no money - they were both nearly intoxicated; it was about five o'clock -Taylor then asked if he knew where he could get a few pounds on the cheque; Pullen said he believed there was a friend or somebody down in Shoreditch, where he would endeavour to see what he could do - Pullen asked
MR. CLARKSON. Q. How long have you known Pullen? A. Seven or eight years, and Taylor twelve or fifteen months - I believe Pullen gets his bread by the profession of the law; I work at the straw-hat business, and live at No. 18, Coburg-street, Euston-square, in apartments - I have no shop; I do not know how Taylor lives - I have seen him perhaps twenty times; he is no skin-merchant that I know of - I know Sharp by seeing him at Pullen's place in Winchester-street, about seven months ago; it may be his place, but not that I know of- Sharp's name is on the door; I believe they lived there together - Sharp is not a country gentleman of large property that I know of; he is a broker or something in the agency way - I did not hear of their receiving a large sum about Christmas: I understand Pullen and Sharp's chambers were distict - I believe they lived in the same room; I know Edward Smith - I have seen him here ten minutes ago - I do not travel by that name; I have sold bats to Mr. Broad, of Hackney-road, and Thompson, of Tottenham-court-road - I was never in custody.
EDWARD SMITH * examined. Q. Take this cheque in your hand, you need not answer my question, and the account you give may be used against you another day; it is quite at you option to answer or not, it may affect your life another day - look at that cheque (does so), whose hand-writing is that " E. Smith," signed to that cheque? A. It is mine; I passed the cheque to Taylor, the prisoner - Pullen had no knowledge whatever of any fraud as to the cheque; I never kept an account at Messrs. Glyn's.
*This is not the former witness of that name.
MR. CLARKSON, Q. When did you sign it? A. The cheque was in existence on the 19th - it was post dated the 24th of December; I delivered it to Taylor on the 19th - I have known him about eight years intimately; we lived together for about three years - I was living with him on the 19th of December; he got his living in the commission way in the Birmingham and Sheffield trade - he has not been either very much distressed or very flourishing for the last three years; I have not been distressed particularly - he had no office as a skin-merchant while living with me; I once kept cash at Sharp and Sons, Smithfield; that was twenty years ago -Taylor knew my business; I am chiefly in the Sheffield commission trade, not in the skin line - I had some cheese to sell about Christmas last.
Q. Whose cheeses? A. Am I bound to answer? I did not know Edward Smith, of Basing hall-street, on the 24th of December; I had no idea of such a person.
MR. PHILLIPS. Q. I believe, before you came into the witness-box, you received, from Mr. Harmer's clerk, every intimation and caution, as to the situation in which you stand? A. I did; I insisted on being heard as a witness, that innocent men might not be convicted.
NOT GUILTY .
SEPTIMUS SADLER. I was a prisoner in the Fleet ; the warden has a house there, which is occupied - I had a room to myself. I left my room on the 22nd of May, about six o'clock in the evening, and was absent nine or ten minutes - I locked the door, and on my return I found the door half open, and the bolt of the lock shot; the prisoner was in the room - my cloak, which I had left on the back of a chair, was on the floor - I found my barometor, which I had left hanging against the wall, was rolled up in the cloak on the floor; the prisoner was not a resident in the Fleet - he was quite a stranger to me: I laid hold of him, and asked what business he had there, and how the door came to be broken open - he said he did not know, and he had come there to inquire for a Mr. Green; I had been in the Fleet about six months, and knew no such person - the door must have been opened with great force, for it cleared the bolt, and carried away part of the iron work that it shot into; he said there had been two gentlemen in the room when he came there, and they desired him to wait for Mr. Green.
JOHN HASLEHAM . I am cryer of the Fleet. I took the prisoner in charge from Mr. Sadler - he was a stranger; he said he had come there to inquire for Mr. Green - there was no such person in the prison.
JOSEPH FOULKES . I am a turnkey of the Fleet, and received the prisoner in charge: I put him into the strong room, searched him, and in his right-hand pocket was a crow-bar, and in his other pocket nine keys - they are not skeletons, but corresponded with the room doors of the prison; I compared the crow-bar with the door - it corresponded exactly with the marks; it required a good deal of force to open it.(Property produced and sworn to.)
Prisoner's Defence. On Saturday evening, between five and six o'clock, I saw a young man in Fleet-street, who used to work with me in the country - he asked me to go and see a young man in the Fleet; I went and inquired for Green - two persons were in the room: they said Green was on the racket-ground, and told me to go in and sit down; I did so - the prosecutor came and asked what I wanted; I told him the gentlemen were gone to fetch Green to me.
GUILTY of stealing only . Aged 22.
Transported for Seven Years .
MR. PHILLIPS conducted the prosecution.
CORNELIUS LANE . I am a stone-dresser. On the 13th of May, between half-past four and five o'clock in the afternoon, I was at work in the road in Great Queen-street, Lincoln's Inn-fields , and saw the prisoner driving a gentleman's carriage, with two horses; he was two or three yards from Jacobs when I first saw him, and was driving very
Cross-examined by MR. ADOLPHUS. Q. You first saw the coach two or three yards from the deceased, driving at a very speedy rate? A. Yes - I immediately called to the coachman; the coach was about the middle of the road - I am sure of that; I did not see the deceased come off the curb - he was about the middle of the road, as near as I could see; there was no other carriage near the spot - there might be some up at the Freemasons' tavern; the street was newly paved - I did not hear him call to the deceased to take care; I was too far off.
MR. PHILLIPS. Q. You swear he whipped the horses afterwards? A. Yes - I was twenty or thirty yards from the Freemasons' tavern, and could not see it where I stood; the carriage was coming along Great Queen-street - it happened three or four yards nearer to Lincoln's Inn-fields than Little Queen-street.
STEPHEN FITZGERALD . I am a stone-mason - I was employed on the pavement. I first saw the deceased under the horses' feet; I had not seen the carriage before- after he was rode over, the horses kept going at a very quick pace, between a trot and a gallop; I and two more stopped them - I did not see the prisoner do any thing; he might attempt to stop, but I was not observing him -I was before him, trying to stop the horses; he might strike the horses without my observing him - they were going a good deal quicker than they ought; I cannot tell at what rate - Jacobs was taken into a doctor's shop.
Cross-examined. Q. Was Lane with you attempting to stop the horses? A. Yes - he was working within six yards of me, further from the coach than me; I was twenty or thirty yards from where the man was run over- the prisoner gave his card, and offered to take the man any where in his master's carriage.
COURT. Q. Were the horses difficult or easy to stop? A. When the prisoner saw persons come before the horses, he directly pulled up - a man caught hold of the reins at the time he was pulling up; I heard a cry before the man was under the horses at all - I could not distinguish from whom it came; the cry was, "Take care of the man!" I rose my head, and saw him under the horses' feet - I heard nothing more before he was run over.
MICHAEL CALLAGHAN . I am a stone-dresser. I was at work on the pavement. The horses were about two paces from Jacobs when I observed him - I saw the pole of the carriage throw him down; the coachman did not pull up - I did not see whether the wheels went over him; the coachman went on at a middling rate, a trot; two men went before the horses, and I suppose stopped them, but whether he stopped himself I cannot say - before the man was driven over, my attention was called by the people hallooing out, but whether the prisoner hallooed out I cannot say - I heard no words.
Cross-examined. Q. Where was the coach? A. In the middle of the street, and so was the deceased - I think he was going towards Little Queen-street.
COURT. Q. How far was you from the coach? A. About fifty feet - the coachman must certainly have heard the people cry out.
JAMES WILKINSON . I am a boot and shoe maker, and live in Queen-street. I saw the prisoner on the coach-box - he appeared driving at a quick rate, not such as a careful driver should drive at; I did not hear any cry out before this happened - my attention was called to the driver by hearing a carriage going as quick, or quicker, than I ever saw one - I cannot say at how many miles an hour; I saw it go over the body of the man - I then looked after the man, and not the carriage; it kept going on as far as I saw it for about twenty yards - I afterwards saw it had been stopped about forty yards off; I did not see the coachman make the slightest attempt to stop it - I do not think the pace at all slackened, but I did not pay much attention to it; the deceased was taken to a surgeon's - when I saw him he was kicking and plunging about, and in a minute he lay still, and was carried away by the mob.
Cross-examined. Q. Is your shop nearer to, or further from, Lincoln's Inn-fields than where the accident happened? A. Rather farther - it is six houses from where it happened; the Freemasons' tavern is nearer to Drury-lane - my shop is on the opposite side to Great Queen-street; there were a number of carriages at the tavern, waiting for some public meeting - I saw the man step off the curb, and was sure he would be struck down when he stepped off, for he could not escape, the carriage was going so quick; he could not have been above four or five steps from the pavement before he was struck down - I should say he was one-third across; the coach must have come three times the distance he did, in the time - he was not looking towards the coach, or he certainly would not have stepped off the pavement if he had valued his life; his head was inclined the reverse way - I was behind the coach when it happened; I saw the prisoner taken into custody - he offered to take the deceased any where in his master's carriage, but he had then gone to the hospital.
MR. PHILLIPS. Q. Could any body who happened to be crossing have escaped from the coach? A. They might have escaped with difficulty, but this man was not
WILLIAM BAKER . I am a japanner, and live in New-street, St. James'. I was standing in Queen-street, near the archway of Lincoln's Inn-fields - I heard a voice at some distance say, "Take care," and shortly after I turned my head, and saw the deceased lying upon his face; some person took him up - the coachman pulled up, I conceive, as soon as he possibly could; he might be from ten to fifteen yards from the deceased when he pulled up - I conceive that when two persons ran before the horses he was endeavouring to pull up, but had not completely stopped them, when they got in front and stopped them; I conceive the horses were not going more than seven miles an hour - it is a great thoroughfare, and there was a public meeting that day; I went over to assist the man, but there were so many round him - I mentioned that the carriage was Admiral Owen's, having seen it stand in Piccadilly, before the coachman gave the card; he gave his card when the Police-man came up.
Cross-examined. Q. Do you know that he heard you tell whose it was? A. No - the horses were on the trot, and I conceive at a family pace; the horses appeared to be frightened after the accident, and I have no doubt forced themselves on - he appeared to do all he could to stop them; I cannot say who said, "Take care" - it was only one voice.
MR. PHILLIPS. Q. Had you observed at what rate the carriage went when it came down the street? A. I saw it before the accident; it seemed going at the same pace, and I thought began to slacken a little after it went over the man - as soon as he could he endeavoured to pull up, which was ten or fifteen yards further on.
RICHARD ROACH . I am a labourer. I was in Queen-street, and saw a carriage and horses about thirty yards from the deceased; it was going at about fourteen of sixteen miles an hour - it appeared an alarming pace; I saw the deceased run over; the coachman did not appear to slacken his pace before he was run over, nor attempt to stop his horses at all, till he was stopped by others.
JURY. Q. Are you a judge of horses? A. Yes, I have been accustomed to them a long time; they were black like cattle - they were in a half-headed barouche, and going at a smart trot; I did not hear him call to the deceased.
Cross-examined. Q. You say the carriage was about thirty paces from the man, how long was it getting to him? A. Not many second - it probably was not a minute; I venture to say it was not half a minute - I call a pace a step.
Q. Then he was fifty or sixty feet off, and half a minute going, at the rate of fourteen miles an hour? A. Yes - he was going at a very smart trot; I was speaking to the deceased about three minutes before, three or four yards from the spot, at the corner of Little Queen-street - he was attempting to cross when I saw the carriage; he was just in the middle of the road when he was knocked down - the horses were about ten yards from him, when he began to cross; when he put his foot on the curb the carriage was about five or six paces from him - I did not tell him not to cross; I was not aware of the danger at first - I have every reason to believe nobody told him to take care.
MR. PHILLIPS. Q. Are you a judge of the pace of horses? A. I am; I was in Sir Thomas Stanley 's stables when a boy - it was a common sized barouche; the deceased was a clothes-man - he used to call on me almost every morning; he was not deaf, and was perfectly sober.
HENRY POLDEN . I am groom to Henry Lounds , Esq., of Red Lion-square. I have known the prisoner five years; I was in Great Queen-street - I was talking to him at the Freemasons'-tavern, and observed to him that one of his horses was very cold and shivering; I have been subpoenaed on the prisoner's behalf - I saw the hind wheel of the carriage go over the man; before that I heard the coachman call out, "Hoy! take care;" I should think he was going at the rate of seven miles an hour, which appears a quick trot in the street - the street was crowded, on account of the stones laying on one side; the pavement was free for passengers - there was plenty of room to cross where it happened; I was about forty yards behind the coach when it went over the body - I could see he did not whip his horses, for I saw the whip hanging over his left arm; my attention was directed to the deceased - I saw him on the ground; I could not see whether he stopped the horses - I ran up, and saw persons round the horses' heads, about ten yards from where the man was rode over; I do not think it was more - when it happened I saw the horses make a bolt; they went quicker for a time, but I thought the coachman was in the act of pulling up - I could not see; I saw two men hold the deceased up, and went away - his head was four or five feet from the pavement; he was lying across the street, but did not lay right across the street.
MR. ADOLPHUS. Q. What sort of a carriage was this? A. A half-headed barouche; it belongs to Admiral Tolmash - the box was fixed to the body of the carriage, which made it more difficult to pull up; the prisoner had driven off to exercise the horses - they were nearly thorough blood horses - seven miles an hour is a moderate trot for such horses; I am sure I heard the prisoner cry out, "Hoy! take care," and should think the man had time to take care of himself - the horses going faster was entirely their own act; I saw the whip across his arm till he was stopped - another man took possession of his horses; the bystanders would not let him drive the deceased to the hospital - he offered to give himself into custody.
MR. PHILLIPS. Q. Was there any luggage on the carriage? A. No, nor any body in it - the people wanted to pull him off the box; the man had time to get away if he saw the carriage - I saw him on the pavement; I saw him come down on the payment, but did not see him cross.
COURT. Q. Did you see him at all in the road-way, before the carriage ran over him? A. I did not - I did not see him in the road before he was rode over.
Q. Then how can you tell whether he had power to clear the carriage? A. I cannot say; the road is eight or ten feet wide in that street - the carriage was four or five yards from him, when I saw him on the pavement.
JOHN GUTCH . I am a medical student. I merely saw the deceased under the horses' feet - I did not go to assist; I saw him trampled on by one of the horses, and to the best of my belief saw one of the wheels go over him
JOHN TRAVERSE . I am a shoemaker, and live in Theobald's-road. I was in Queen-street - the horses appeared going at a very fast rate; if it was possible to continue at that rate, I think they would go about twelve miles an hour - they were nine or ten yards from the deceased; I saw both the left wheels go over his head - the coach still continued at the same pace, till it was stopped - I cannot be mistaken; some labourers stopped it - the man was taken into a shop, and then to a surgeon's in Lincoln's Inn-fields; I stopped with the carriage.
Cross-examined. Q. Are you in the employ of the witness Wilkinson? A. Yes; I had gone out of his shop rather before him, and was seven or eight yards behind the carriage when it happened - I was five or six houses off; I was rather confused, seeing the danger the man was in - the coach was nine or ten yards from him when he began to cross; the carriage was going at a terrible rate - the man might have seen it coming, if he had looked; I did not hear the coachman cry "Hoy! take care;" I was fifteen or sixteen yards off when it went over him - I had come from my master's door in the same direction as the carriage; I was about twenty yards from the door when it passed me - I was walking very fast: I was coming out of the shop, and saw the carriage coming by at a very furious rate, galloping - I swear it was galloping.
MR. PHILLIPS. Q. Could the prisoner have seen the man crossing? A. Yes, I think he must from the distance.
THOMAS DAY . I am a porter. I was in Great Queen-street, and saw the coach - it was going pretty quick, but not very quick; I saw the man knocked down - the coach went on a pretty quick rate, as before, five or six miles an hour - it was not galloping; three laburers stopped him - I cannot say whether the coachman attempted to stop the horses; they went twenty or thirty yards before they stopped - I had a load on my back, and did not see what became of the man; the people round cried out before he was run over - the crying out was not by the coachman.
Cross-examined. Q. The horses were trotting? A. Yes, they were not galloping at all while I saw them - they kept at a quick pace; I did not observe them bolt.
THOMAS DUFFY . I am porter to a gentleman in Great Queen-street. The first I saw of this was the coachman singing out to the man who was crossing, "Hoy! take care;" this caused me to look round - I was within ten yards of the coach, at my master's shop door; it was going at a smartish high trot, but I cannot tell at what rate; I saw the man knocked down - he was nearer the left side, leading from Lincoln's Inn-fields, than to the right, at the time the coachman sung out - he was knocked down in the middle of the street; the men who were at work stopped the coach twenty or thirty yards further on; I think it went quicker after the accident than before - my eyes were on the deceased - I could not see whether the prisoner struck the horses; I crossed over to my master, Mr. Jowitt, who stood at his door.
Cross-examined. Q. What you saw was merely accidental? A. I think so - I gave this account before the Coroner and Grand Jury; I imagine that this was an accident - the prisoner called out "Hoy! take care;" I think it was impossible for the man to get out of the way then - he was about two yards from the pavement when the coachman sung out; he could not get across the road- I suppose he could have returned to the pavement, but he was agitated, and might not know what was best.
MR. PHILLIPS. Q. Did the coachman, in your hearing, call out to him till it was impossible for him to get out of the way? A. I cannot say; he could not in the direction he took - there were several carriages, but they did not reach up to that spot; they were closer to the tavern a good deal.
COURT. Q. At what distance was the coachman from the man when he called out to him? A. To the best of my belief he was within five yards of him.
THOMAS BATTY . I am a labourer. I saw the man knocked down - the coach passed me just before; it was going at a sharp trot - I saw the man knocked down; he was three or four paces from the curb - the prisoner tried to stop his horses all he could, but some mason's held their hammers up - I did not see the labourers catch hold of the reins, and do not think they could do so without my seeing them; I cannot say they did not - I ran to assist in stopping the horses, and Mr. Hamilton, who I work for, went to assist the man.
Cross-examined. Q. What is Mr. Hamilton? A. A lapidary - he was with me; the carriage passed me by Mrs. Cutmore's, nearly opposite Little Queen-street - the horses did not gallop at all, while I saw them; I never saw the coachman use his whip - the deceased was just stepping off the curb when I saw him, and I just then heard somebody cry "Hoy! take care;" I cannot say whether that was the coachman - if the deceased had drawn back one foot instead of going on, it would not have happened, in my judgment; he had a hat in his hand, and a bag on his shoulder - when the man was knocked down I think the horses plunged, and went on faster; it appeared to me a mere accident.
MR. PHILLIPS. Q. Have you been subpoenaed here on behalf of the prisoner? A. No.
ROBERT KIBBEL , (examined by MR. ADOLPHUS.) Q. Were you examined before the Coroner? A. Yes; I did not go into the Grand Jury room: I am groom to Miss Le Blanc, of Lincoln's Inn-fields; I saw the prisoner in Great Queen-street, eight or ten yards before the accident happened - the horses were going at the rate of six or seven miles an hour, not exceeding seven; they were trotting, and did not gallop till after the accident - I did not see the man crossing; I knew the prisoner when he lived with Lord Melville, but had not seen him for two years; as he drew up towards me, I called to him Jack - he took no notice of me, and after he had passed I heard a voice distinctly call out "Take care;" I cannot say whose voice it was - this drew my attention, and at that moment I saw the man under the horses; they made a plunge afterwards which threw the prisoner back in his attempting to draw them up; I think the carriage went eight or ten yards before it was stopped, but who it was stopped by, I do not know - the prisoner did not use his whip in my presence,
MR. PHILLIPS. Q. You never heard of an accident happening before? A. Never; I heard "Take care" called twice - I did not hear Hoy! I did not know the prisoner's voice - I was not six yards from the carriage when it happened; I was behind it, but could see perfectly well what the prisoner did, it being a half-headed barouche - he threw himself back, pulling with all his might, to draw the horses up.
COURT. Q. You saw him do his best to stop the horses - was that after the man was under the horses or before? A. After; the horses plunged when the man was between their legs; no man in the world could stop them.
ANN HAMILTON . I live in Great Queen-street. I was looking out of window, and saw a coachman driving rather faster than usual; I saw him throw himself back to stop the horses, but he could not; I did not see the man knocked down nor the coach stopped, for I left the window before it happened; the coachman pulled to stop his horses before the man was run over - they were going at a fastish trot.
AMELIUS SICARD . I am a surgeon of St. Bartholomew's-hospital. The deceased was brought there on a Thursday, labouring under three severe wounds on the head, one on the right cheek, and one on the left; he lived till the Wednesday morning - every care was taken of him; he died in the hospital - there was a very extensive fracture of the skull, which I have no doubt caused his death; his intellects were affected for the last two days - there was laceration of the brain; he had his full faculties till the Monday night - he never expressed that he was near death, nor did I tell him.
Cross-examined. Q. You conversed with him several times? A. Yes; he talked rational till the Monday; when he came in he was perfectly sensible, but faint from the loss of blood - I was engaged attending to his wounds when he said something about the accident; I did not hear it.
Prisoner's Defence. It was nothing but an accident; the man stepped off the pavement, and was under the horses before I was aware of it.
JEMIMA POWELL . I am a nurse of St. Bartholomew's-hospital. The deceased was brought into my ward and dressed there; the prisoner came in with him, and asked him twice, in my hearing, "Do you attach any blame to me?" the deceased said, "No; I do not;" he was perfectly in his senses - I sent him to another ward.
MR. PHILLIPS. Q. Was he not in a most lamentable state from pain and loss of blood? A. he was; but was perfectly sensible - he gave an answer the first time, but the prisoner was agitated, and put the question over again.
MR. ADOLPHUS. Q. You sent him to another ward; whether the prisoner called to see him again you cannot tell? A. No; he gave rational answers to the questions put to him.
NOT GUILTY .
Fourth Middlesex Jury. - Before Mr. Common Sergeant.
EVAN BUMPUS . I am the son of Thomas Bumpus, a bookseller , of Holborn . On the 3rd of May, about a quarter before eight o'clock in the evening, I saw the prisoner take a book from a kind of shelf in front of my father's shop - he ran across the road, and turned down Gray's Inn-lane; I told our shopman, who went after him.
Prisoner. Q. How many persons were at your shop? A. There was one gentleman in the shop, and I believe one or two at the window.
COURT. Q. Are you sure the prisoner is the person who took the book? A. I am quite sure he is.
JAMES PETTIT . I am a shopman. The witness told me a man had run away with the book - he had then turned the corner of Gray's Inn-lane; I pursued, and saw several persons who had seen the prisoner running, but I had not seen him myself - he was found concealed in a yard in Pheasant's-buildings by the Police-man and myself; the officer found the book in about an hour afterwards - this is it; it is my master's - I had seen it safe at seven o'clock.
MARY ANN BLIGH . I live in Pheasant's-court. I saw a man near the bed in my parlour that night; I ran out, and said there was a man in my room - I ordered him to leave my room, and he went out, but whether up stairs or into the yard I cannot say; the officer came in about an hour, and found the book near the top of my bed.
BENJAMIN PHILLIPS . I went to Mrs. Bligh's house with the shopman, but we could not find the prisoner; I went into the yard, and saw some glass and mortar had been broken off - I went into the adjoining yard, and found the prisoner in a privy; I afterwards went and got this book from near the top of the bed at Mrs. Bligh's - he said before the Magistrate that he had been out of employ five months, and distress drove him to do it; it was the first time, and should be the last.
GUILTY . Aged 22. - Confined One Month .
JANE HANNAWAY . I am single , and live at the public-house in which the prisoner lodged. I lost my gown on the 29th of April, from a box in the room adjoining where he slept; on that morning he came down and went into the yard - he came in again and went up stairs; he then came and asked me for his bundle, and I gave it him - he went up again for his gaiters, as he said; he came down again, had half a pint of beer, and went out; I went up stairs, and found my box had been disturbed - I looked, and missed my gown; I told my master.
GUILTY . Aged 18. - Transported for Seven Years .
JOHN SWADLING was indicted for stealing, on the 29th of April , 1 handkerchief, value 2s. , the goods of John Sowerby .
WILLIAM THOMAS EDWARDS. I am a shopman to Mr. John Sowerby, of Brick-lane - he is a pawnbroker . Mr. Sutton came to me on the 29th of April, and brought a handkerchief, which he asked if I knew - I said yes it was my master's, and had our mark which I had put on it; I had seen it an hour and a half or two hours before.
MARTIN SUTTON . I am a shopman to a pawnbroker. The prisoner brought this handkerchief to our shop, which is two hundred or three hundred yards from the prosecutor's - I stopped him on suspicion, as I had seen him attempt to steal a waistcoat from our shop.
Prisoner's Defence. Two boys gave me 1d. to go and pawn it.
GUILTY . Aged 13. - Transported for Seven Years .
ROBERT DUNN. I sell seeds , at Kensington . I lost several packages from my place on the 21st of May, and found my place broken open that morning - I never saw the prisoner; the officer brought these papers to me, which have my writing on them, and I had lost seeds similar to these.
JOHN ADAMS . I am foreman to Messrs. Gray and Sons - they are seedsmen. The officer brought these seeds to me, thinking they had been stolen from us, and I recognised three of the papers, having my hand-writing on them - I had sold them to Dunn.
THOMAS SMEE . On the 22nd of May, about one o'clock in the morning, the prisoner came to me as I was on duty under the Piazzas, Covent-garden - he said, "Do you want an Old Bailey case?" I said, "If it is a good one, let's have it;" he then said, "Take this, it will bring you into one;" giving me these papers - I said, "Where did you get these?" he said, "From Kensington, I broke a place open, and took them;" I said, "Have you any more?" he said Yes, and took the rest out of his pocket.
GUILTY . Aged 30. - Transported for Seven Years .
DAVID GORDON. I keep the Job's Castle, in Spitalfields - the prisoner had been eight or nine months in my employ. On the 7th of May, about four o'clock, I gave him five sovereigns to go and get changed - he never returned; I saw him locked up the next morning in a station-house - he gave no account of my money then, but afterwards said he had bought some new clothes with it; he had new clothes on.
RICHARD MARKS . I keep the London Apprentice. A young man, whom I have every reason to believe was the prisoner, came and had a glass of something to drink, and asked to leave a bundle, which he said contained some old clothes, and he would call for it in a short time.
HENRY BOLTON . I am a Police-officer. I took the prisoner out of the gallery of the Coburg theatre - I found 14s. 2 1/2 d. on him; he had a new suit of clothes on, and I got these old things from Mr. Marks.
Prisoner. I left two sovereigns in my trousers pocket.
GUILTY . Aged 18. - Transported for Seven Years .
EDMUND LARDNER. I am a baker , and live at Wilsden - the prisoner had been several months in my employ. On the 8th of May the Police-officer came to my house, and said he had one of my servant s in custody - I went to the office, and saw the prisoner and these articles, which I believe were mine; the flour was in a cloth bag- I could not swear to it; it had not been in such a bag at my place - the bread had my stamp on it; there was one quartern loaf, two or three half-quartern loaves, and about 6lbs. of flour - he is a widower, and has four children; three of whom are dependant on him.
THOMAS SOPER . I am an officer. I took the prisoner on Saturday, the 8th of May, about a quarter before five o'clock in the morning, at Kilburn, with the bundle of bread and flour - I asked what it was; he said breaddust - I asked what he meant by that; he said bread and flour, that he brought it from Oxgate farm, and this was his allowance - I let him got but followed him; I met another officer, who had been a baker - I asked him about baker's allowance, and he told me to take the prisoner, which I did.
MR. LARDNER. We give no allowance.
Prisoner's Defence. I had broken bread given me by my young master - I was in the habit of instructing him; rather than see the goods spoiled; on that Saturday, I took a piece of broken bread for my use, and the rest was given me by him.
GUILTY , of stealing the bread only. Aged 45.
Fined One Shilling and Discharged.
Before Mr. Sergeant Arabin.
THOMAS, LORD RANELAGH. On the 17th of May I hired a boat, and took off my coat and waistcoat to row - I placed them and my watch in the bottom of the boat; the watch had been in my watch in the bottom of the boat; the watch had been in my waistcoat pocket - I took it out, and placed it under one of the benches; when I had quitted the boat a minute or two, I was told by Mr. Biddulph that my watch had been taken, and I saw the prisoner deliver the watch to him - he was not at all concerned with that boat; he had just landed a passenger from another boat.
ROBERT MIDDLETON BIDDULPH , ESQ. I was with Lord Ranelagh, and saw the prisoner take the watch from the boat his Lordship had just quitted - he put it into his right-hand breeches pocket, got into his own boat, and was pushing off; I jumped in, and demanded the watch of him.
Cross-examined by MR. LEE. Q. What distance was the boat you got out of from the shore? A. There was one boat between that and the prisoner's; his Lordship had quitted the boat perhaps a minute - there were eight or
LORD RANELAGH. This is my watch; I had asked for my clothes; I was putting them on, and then I should have asked for the watch.
Cross-examined. Q. You had left the boat? A. Yes, and the man had given me my waistcoat out of it; I am a Viscount.
Prisoner's Defence. It is common for us to step over one another's boats, and any one might have taken it; it is no place to lay a watch - it is as common as any place can be; I did not take it to keep it: I meant to make my boat fast and take it up to the stairs - when the gentleman asked me for it, I gave it him; had I been disposed I could have thrown it overboard.
The prisoner received a good character.
GUILTY . Aged 18. - Confined Six Months .
SAMUEL BRIDGE. I am a dentist . On the 19th of April, about half-past ten o'clock at night, I was returning from Stepney; I was at the corner of Exmouth-terrace , nearly opposite the British Oak, at the back of the London-hospital - I saw a man and woman as I was passing by; I then felt my purse and money all right - I went to go to whitechapel-road, and the woman came and took hold of my arm; the man went away - I had then a sovereign and 4s. 6d. in silver in my purse, in my breeches pocket - the woman wished me to accompany her; I said I wished to go home as fast as I could - I took my hand from my breeches pocket; she put her hand in, took out my purse, and ran away - I pursued, and when I came to a watchman I wanted to give charge of her; he said he had nothing to do with it, I must go to the Police-men - when I got to Whitechapel-road two Police-men spoke to me; they wished me to come to the same place the following evening- I went about nine o'clock, and found the prisoner about ten; I gave charge of her - I am quite sure she is the woman; I had described her to the officer, and the description answered to her; I have had the money offered me, but I did not take it.
Cross-examined by MR. LEE. Q. Are you married? A. No, I am a widower, and have three children - I had been to see my landlady; we had had a pint of beer between us - I was perfectly sober - I had no conversation with any one before I met her; I feel my pocket naturally if I see any suspicious characters - I was not intoxicated; I had not been with any other woman, nor had I agreed to go - the gas made it light; I had never seen the prisoner before - I do not suppose I was with her three minutes; I positively swear she is the person.
REUBEN WILLIAMSON . On the 20th of April the prosecutor applied to me, and described the woman; I went with him to the back of the London-hospital, and saw the prisoner and some man - I told them to go home: I then went on to the British Oak, and had no idea of the prosecutor leaving me, but he was gone - I walked about, and saw the prisoner again; i said nothing to her, but I returned near the British Oak, and saw the prosecutor - I asked him for his address, which he gave me; I told him to walk along and I would follow him - he walked on, and pointed out the prisoner; I took her - he said he could swear to her from ten thousand; I have seen her there at all hours of the night.
NOT GUILTY .
1152. MARY ANN HARRISON was indicted for stealing, on the 12th of April , 1 bed, value 20s.; 1 bolster, value 2s.; 1 pillow, value 1s.; 1 blanket, value 1s., and 1 sheet, value 1s. , the goods of William Thomas Nelson .
MARGARET NELSON . I am the wife of William Thomas Nelson . On the 24th of August last the prisoner took a lodging of me, and remained till the 12th of April, when I missed these articles; she had left without giving notice - the duplicates I found on the prisoner I gave to the officer - the bed was cut up and made into bolsters and pillows; this is the remnant of it - the whole of my loss is about 2l. 10s.
NOT GUILTY .
PETER MANN HOSKINS. I am a surgeon . I was in the Strand at half-past nine o'clock on Tuesday evening, and had a handkerchief in my coat pocket - I felt some one touch my coat, and missed my handkerchief; I turned, and saw the prisoner - I took him at my elbow, with the handkerchief in his possession, and gave charge of him.
The prisoner put in a written Defence, stating that he was insensibly drunk, and quite unconscious of having had possession of the handkerchief, till next morning, when he found himself in custody.
GUILTY. Aged 19. - Judgment Respited .
Prisoner's Defence. The door was open - I went for 1d. worth of putty.
GUILTY. Aged 16.
Recommended to Mercy . - Confined One Month .
FRANCIS WOODHOUSE. I am a bargeman . I was at the Junction Arms, Paddington , about half-past eight o'clock on the 8th of May; I sat down against the table- I was fatigued, and fell asleep; I was awoke by a man who wanted 1s. of me - I put my hand into my pocket and missed my money; I said, "I can't pay you, I have been robbed" - the landlord said, "You can't be robbed;" I said, "Yes, I have;" I then went out to go to my boat, and met the prisoner, who said, "Have you lost any thing?" I said Yes - he said, "I think I know who has your money - a man of the name of Joe;" I said, "No, he has not got it" - I took the prisoner to the watch-house the next morning; he gave me three sovereigns first, and then three sovereigns more and the gold ring - he made an attempt to run away; I took him by the collar, and took him and the money to the watch-house - I had never seen him before that night.
Cross-examined by MR. PHILLIPS. Q. Did he not come up to you that night, after you left the house, and tell you he knew who had your money? A. Yes - I was tired, and a little intoxicated, but not much so; I was sleeping in the public-house - there was a man named Benning sitting beside me, as he informed me, but I believe not next to me - there was a fiddle playing, and several persons were there; I did say that if the prisoner would make my money up within 1l., I would go away; I do not recollect seeing him there at all that night - I said openly that I had been robbed of my money; if he was there he had the opportunity of hearing it; I never said before the Magistrate that if he would admit the money was mine he should be let go - I did not hear that he was the person that night, or I could have taken him; I said to him, "How do you know I have been robbed?" and he replied, "I heard you say so in the public-house" - I do not remember seeing Mr. Benning.
COURT. Q. He gave you this money and ring the next morning? A. Yes.
JAMES BENNING . I went into the public-house, and saw the prosecutor sitting there; I saw the prisoner put his left hand into his right-hand pocket and pull something out, but I saw no money - I tried to awaken the prosecutor but could not - I had other business and left them; I had worked for the prosecutor once, and I knew the prisoner very well; I am quite sure I saw what I have stated.
Cross-examined. Q. Of course you told the landlord what you had seen? A. No; the house was quite full-I did not tell any one; I was once tried in the Navy, for shooting a man, but I was innocent.
NOT GUILTY .
EDMUND JULIUS SUTTON . I am a shopman to a pawnbroker in Kingsland. On Saturday, the 24th of April, between four and five o'clock in the afternoon, the prisoner brought me a coral necklace to pledge - I had received information, and gave him into custody.
Cross-examined by MR. PHILLIPS. Q. Then you did not ask him if he had them from any other person? A. No.
HARRIET COX . I am the wife of John Cox . My little child , named Ann, is one year and eleven months old; I sent her out with my other little girl, who is ten years old - she had a coral necklace fastened on her neck; she returned in about ten minutes and the necklace was gone; this is it - I know nothing of the prisoner.
MARY ANN NELSON . I am going on for eight years old; people who do not speak the truth go into fire. I saw Elizabeth Mather with the child in her arms - it had a red necklace on like this; the prisoner took it off, and ran down Great James-street as fast as he could - he had a cap on like this, I think, but I did not notice that.
Cross-examined. Q. Is Elizabeth Mather here? A. Yes; I did tell the Magistrate that I knew the prisoner, because he had a blue coat and striped trousers on; I am sure he had them on - I did not take notice whether he had a hat or a cap - I thought he had a cap on like this.
ELIZABETH MATHER . I am ten years old - I lodge at the prosecutor's. I took the child out for a walk; it had a necklace on - I cannot tell how it got off; I did not miss it till a little girl told Mrs. Cox.
Cross-examined. Q. You did not see the prisoner near you? A. No.
Prisoner's Defence. A young man asked me to take them into the shop, and said he would give me 6d.
COURT. Q. Did you tell him what he was charged with? A. Yes, and he said he was innocent - that a boy gave him 6d. to pledge it; and as I was taking him to the station-house, he said a man offered him 1s.; he was dressed as he is now, but had a red handkerchief round his neck, and to the best of my knowledge a different waistcoat; he had no money.
MARY ANN NELSON re-examined. I saw the prisoner take the necklace from the child's neck; he ran down Great James-street - I think he had the clothes on he has now; I knew him by his face when I saw him again.
Cross-examined by MR. LEE. Q. Were there any other little boys? A. No; I did say he had a blue coat and striped trousers on - he has not them on now; I stood and looked at him, and then went and told Mrs. Cox.
GUILTY . Aged 16. - Transported for Seven Years .
MARY SMITH . I am a widow , and live in Charles-street, Long-acre - the prisoner lodged with me for a fortnight and two days. On the 26th of April she was going out, and I asked her for my dirty sheets, as I had not had them, when I gave her the clean ones - I had asked her for them that morning, and she said I should have them bye-and-bye; I heard her come down softly, I made her go up again till she had fetched them; I then went up, and missed the property.
Prisoner's Defence. She consented to my pawning these things.
MARY SMITH. No, I never did - I was ill in my bed when they were pawned.
GUILTY . Aged 22. - Transported for Seven Years .
JOSEPH LARK . I live at Hoxton . The prisoner, her father, and sister, all lodged in the first floor; the prisoner was there when she was out of place - I lost my coat on the 15th of March, from the front parlour; the prisoner was then at home, but went to a situation next day - I found my coat at a pawnbroker's at Hoxton last Tuesday week.
MARY HUGALL . I am the prisoner's sister. I heard the prosecutor say he had lost his coat; I spoke to the prisoner on the subject, but made her no promise - I asked if she took it; she said she did, and told me where she had pawned it, in the name of Lewis.
GUILTY . Aged 17. - Transported for Seven Years .
SARAH PARRY. I am a widow , and live in Duke-street, Lisson-grove - the prisoner had lodged with me about a month. On the 7th of May I saw her with a bundle -I asked what she had got - she ran away, I pursued, and she threw down these feathers; I then found the bed had been ripped open - I missed about 20 lbs. of feathers.
Prisoner's Defence. I took them to make a pillow for myself, as she had no pillow nor bolster to her bed - I was obliged to put my clothes under my head as a substitute; she used to lend her pillow to an acquaintance to pawn.
GUILTY . Aged 42. - Confined Six Months .
HANNAH PARR. I am the wife of Charles Parr , a broker - we live in Jane-street, Commercial-road . On the 24th of April the prisoner, who was a stranger, came to me about four o'clock - he gave me this note, in consequence of which I gave him my husband's coat, apron, and trousers; I had no conversation with him - I was all in a tremble; I gave him them for the use of my husband - I have never seen the things since - I did not take such particular notice of him; a porter came to ask if my husband was at home - I looked more at him than I did at the other man; I saw the prisoner the same night at ten o'clock - I said, "Did you come to my house?" he said No at first, and then said Yes; I thought I had some slight knowledge of him - this is the note - (read.)
Dear Hannah, - Please to send me by the bearer, my other coat and trousers, as I have had the misfortune to get into a row and got my coat and trousers all torn and dirtied, so that I cannot come through the street in them. Yours, CHARLES.
SARAH ROBINSON . I am the prosecutrix's mother. I was at her house - a man came, and asked if Mr. Parr was at home, and his wife asked if he wished to see him - he then went away, and in about half an hour a man came and brought this note; I did not not look at him - I had not the least doubt but it was right; the prisoner is not the man to my knowledge - I went before the Magistrate the day after he was taken; I did not speak to him - my daughter told him to come up stairs; I did not tell the Magistrate he was the man - I cannot write; I made my mark to the deposition - the gentleman asked if I thought he was the man; I said I could not swear to him - this paper was read to us all; I said it was true, to the best of my knowledge - (read.)
"I am mother of the last witness - I went out for a pail of water, and on my return I saw the prisoner in the passage; my daughter gave him the things, and he went away with them."
CHARLES PARR . I am the prosecutor. This note is not my writing; I did not authorize any one to go for my clothes - I know nothing of the prisoner, but I had employed the porter, who went first, several times; I think this is his writing; he was taken up, but discharged, and has been taken for another felony.
NOT GUILTY .
JOHN GROOM . I lost this copper from my house, at the corner of New North-street, Red Lion-square , on the 19th of May; it had been fixed in the kitchen down stairs - the prisoner was taken, and brought to my house with it; the door was left open that afternoon.
THOMAS CREATON . I am a Police-officer. I was getting my tea; a man came, and told me a man had gone along with a copper - I went and took the prisoner; he said he was employed to carry it down to the Horse Guards - I took him back to Bedford-court, and there was a mark of a copper having been set down.
Cross-examined. Q. Do you reside at this house? A. Yes; it is full of lodgers - the copper was fitted to the place, and matched exactly.
MR. LEE called -
MRS. CLANCEY. I recollect a person employing the prisoner to take this copper on Wednesday week to Charing-cross; it was a tall man with a brown coat on - he met him in Theobald's-road.
COURT. Q. Did you know the prisoner before? A. No; I live in New Tothill-street, Westminster, nearly a mile from Theobald's-road - I had seen the prisoner before; I had been to meet a person in the King's-road - I then met the prisoner, and walked with him; the man came up to him about the middle of Theobald's-road - he wore trousers and shoes; I did not notice his waistcoat - he offered the prisoner 1s. to carry it; the prisoner said he would take it, if it was not very heavy - I did not see the copper then; I walked on, and left them together - I did not see the 1s.; it was between five and six o'clock in the evening - I cannot tell who the prisoner worked for that day.
SARAH LLOYD . I live with Clancey. I was with her when the man came, and asked the prisoner which way he was going - he said towards Westminster; he said,"You are going all in my way, will you take a copper for me?" he said, "Yes, if it is not heavy;" he said, "It is in a basket, and I will give you 1s." - I then went home.
COURT. Q. Are you servant to the witness? A. No; I get my living by making knapsacks - I had never seen the other man before; he had a carpenter's apron, black trousers, and brown coat - I had been to Gray's Inn-lane to see Mrs. Clancey's sister; I had seen the prisoner before - he works for the same master as I do; I did not see the 1s. - this was near Gloucester-street, about the middle of Theobald's-road.
NOT GUILTY .
SARAH PRICHARD . I am the wife of Joseph Prichard - we live in Montague-street. I sent out my infant Elizabeth on the 4th of May, with a necklace of three rows of beads - my little girl who is nine years old took her out; she was out about two hours - I went out, and found that the child had lost the beads, which had been fastened by a clasp round her neck.
NANCY PRICHARD . I took out the child with the beads - I was in Red Lion-street , looking at the gaslights in a shop window; the prisoner came, and trod upon my heel - I turned, and saw his hand on the child's neck; he took off the necklace - I ran after him, and called Stop thief! I ran all round Spitalfields'-market, and called as loud as I could - he ran down a court which is no throughfare; I pointed him out to the Police-man- I am certain he is the boy.
Cross-examined by MR. LEE. Q. Was it dark? A. Yes; there were not above three or four persons passing- I only saw the prisoner and another boy; the Magistrate discharged another boy as his master came and said he was at work at the time - I charged no boy but the prisoner; I did charge two boys, but the prisoner is the boy who took them - I made a mistake in saying I only charged one; the prisoner ran through the market- I lost sight of him three times, and then I ran up to him again with the child in my arms, and overtook him; I had never seen him before, but when he came up our street with wood - I swear he is the person.
COURT. Q. You lost sight of him three times? A. Yes; I had seen him come up the street with wood - I saw his face distinctly by a gas-light; when he trod on my heels he was close to me, unsnapping the beads - there was another boy five yards from him, but this is the boy who took the beads.
WILLIAM DRABBLE . I am an officer. I was on duty, and saw a number of people running; I followed them into Gregory-court - this little girl followed me with the child, and said, "That is the boy who took the necklace - give me my beads back, or my father will kill me;" the prisoner said, "It is a little boy who has run up the court, with a fustian jacket on;" I was taking the prisoner to the station-house, and he called to another boy to go to his father; an officer took that other boy, but he was discharged.
Cross-examined. Q. He told you another boy took it? A. Yes - I went and found a boy in a cellar, but no one with a fustian jacket.
Prisoner's Defence. I am innocent.
JOHN LAMBETH . On the night the prisoner was taken I was walking with him in Red Lion-street, and this little girl was on the other side of the way; I heard her say,"Oh, my God!" I turned my eyes, saw her running, and crying Stop thief! I saw a boy in a fustian coat run across the road - the prisoner ran after that boy; I said, "Stop, George, don't you ran," but he ran, and was taken.
COURT. Q. Do you know the shop? A. Yes, it is on the opposite side to that we were on - I had a blue coat, striped waistcoat, and corderoy trousers on; I did not see the little girl at the shop window - she was twenty yards from them when I heard this; we were beyond the shop I thought she was at play, but I turned and saw the thief, as I suppose; I saw a boy with a fustian coat on, run across into the market - when I told the prisoner to stop, he ran off, and I ran a little way; it could not be the prisoner who took them, for I was with him all the time till he ran after the thief; I do not know the court - I thought the fustian coat was a light brown or a grey; the prisoner had a black coat and an apron - I saw the prisoner was collared, and I went to his assistance, knowing him to be innocent; I insisted upon going in - no one was taken to the Magistrate but the prisoner and I.
NANCY PRICHARD re-examined. Q. How was the boy dressed? A. In a blue coat, striped waistcoat, and an apron.
HANNAH SPRINGAY . I live in Old Castle-street. I saw this little girl run into the road - I did not see any other person run; I did not see any boy in a fustian Jacket - I was with another young girl, and we were behind the prisoner and this boy, about a yard and a half; we walked with them till they ran - they had not left us till the girl cried Stop thief!
COURT. Q. Then you were all four in company? A. Yes - we were behind the boys; I was a little acquainted with them: I saw the shop, and heard the girl scream Stop thief! I saw no one run but these two boys - the market might be about five yards off; I saw no boy in a fustian coat or jacket - I ran as far as the market, and they ran round.
NOT GUILTY .
LUKE BROOMHEAD . I am a cutler , and live in Union-street, Spitalfields ; the two prisoners were my apprentice s - Beark has been five years with me; Webb has been out, of his time about twelve months; but continued to work for me out of doors till about a week before this happened. On Sunday morning, the 16th of May, Beark was going out, and I saw a small paper drop from him - I asked what it was; he said Nothing: I said, "Let me look," and I found two knives in it - I asked where he got them, but he made no answer; I called an officer, but could not make him hear - I then went back, and Beark said, "I will tell you the truth - Webb set me on to do it, and we have robbed you a great deal;" I had not made him any promise; I got the Police-officer, and he said the same to him - he said he had robbed me of pen-knives, pocket-knives, and scissars, which he had taken from the show-glass - I believe all this property to be mine, but some of the ivory I cannot swear to, as it has been worked upon - these handles were brought to me by his mother, who said he told her he had bought them of Mr. Marsden.
JOSEPH TROVELL . I am a pawnbroker, and live in Church-street, Mile-end New-town. I have twelve knives and forks, pawned on the 21st of April by Webb, also four dozen of knives and forks, and a pair of carvers, pawned on the 4th of May by Webb.
THOMAS BICKNELL . On the 16th of May Beark was brought to the station-house, and I took him to the watch-house; previous to my locking him up, he said he wished to confess - I told him the consequences of it, but he said he had taken two pen-knives with two blades each, and twelve knives in ivory handles; and about a fortnight before he had taken a large quantity, and given them to Webb - he said he had entered the shop with Webb, and taken one hundred and fifteen Knives and forks; I asked if he had any share of the property - he said No: I then went to Webb, who denied all knowledge of it - I found there these pieces of ivory; I took them both to the watch-house; and there Webb acknowledged that he had taken the knives and forks, that he pawned them, and sold some others - I found this key, which opens the shop door.
Webb's Defence. I did not know the things I pawned were stolen.
BEARK - GUILTY . Aged 18.
WEBB - GUILTY . Aged 21.
Transported for Seven Years .
REUBEN RICHARDSON . I am a baker , and live at Somers'-town . On the 13th of May I lost my till about ten minutes before eight o'clock - there was about 3s. in copper in it; I know the till, and there was one halfpenny which had three holes in it - it was the last halfpenny I had taken; the till was inside my counter - I had gone into the parlour when it was taken, and was reading.
JAMES KNOWLTON . I live with my father at Somer's-town. I knew the prisoner by sight, and bought things of him - he sells apples and pies; at dusk that evening I saw him at the back of the prosecutor's house, with a till or box under his arm - he turned up between two parcels of mould; I looked back, and saw him counting some halfpence, but the wooden drawer was not then to be seen.
WILLIAM BACHELOR . I live with my father. On the 13th of May I saw the prisoner (whom I had seen about with cakes and things) with this drawer, which I can swear to by this knob, under his arm, about half-way between the prosecutor's house and his own; there were three others with him.
Prisoner. I was not there at the time; this halfpenny with the three holes I took for some oranges.
EDWARD SHAYLER . I am an officer. I took the prisoner in bed the same night; I searched his pockets, and found 1s. 6d. and this halfpenny with three holes in it - I found the till the next morning in the place the witness described.
The prisoner put in a petition for mercy, and stating himself to have been seduced by bad companions; one witness gave him a good character.
GUILTY . Aged 14. - Whipped and Discharged.
GEORGE NEWMAN. I am ostler at the Red Lion, Putney . The prisoner is a groom - he and his master came to our yard on the 21st of May; I was cleaning my boots- the prisoner was behind the cabriolet; they baited there, and staid two hours - his master went and dined at another inn - the prisoner stopped and dined there; I put my boots in a stall adjoining the stable, and after I had put the prisoner's horse too, I found my boots were gone, and another pair left in their place - I have found my boots since, and the prisoner has got his; I had taken the tops off my boots, and the tops were off his - mine were very good ones; I had only worn them on once for about six hours, and his were very old - it was about six o'clock in the evening when they came.
GUILTY . Aged 17. - Confined Three Months .
Before Mr. Common Sergeant.
WILLIAM KING. I keep an oil-shop in Seymour-street - the prisoner was my servant . On the 29th of April, at half-past seven o'clock in the morning, I missed 3s. 6d. in penny-pieces and halfpence, from my till; I had placed 5s. in it the night before - I got a Police-officer, and called the prisoner to him - he asked her what money she had about her; she said none - he asked for the key of her box- he opened it, and found 3s.6 1/2d. in copper, and about 10s. altogether, all in copper; it was wrapped up in a night-cap - we asked where she got it; she said, "I have taken the money - I have been persuaded by a woman who has been in the habit of coming to this house;" I had marked five penny-pieces, and one had been marked before- twelve halfpence had been marked by the Police-man, all of which were found in her box, except one halfpenny.
Cross-examined by MR. CLARKSON. Q. Have you learned that there is a person named Elizabeth Cotton ? A. Yes - I have reason to believe the prisoner has been led away; I do not recollect her finding any money - I had a good character with her, and she maintained it; I had no suspicion of her till two or three mornings before this - I took another woman, but could not make a case against her.
The prisoner received a good character.
GUILTY. Aged 22.
Recommended to Mercy . - Confined Seven Days .
GEORGE FOULKES. On the 8th of May, between seven and eight o'clock in the evening, my mother had told me to come down stairs, and just as I came down the prisoner put his hand into my pocket in the passage, and said, "There, there, you are dropping your money;" darted out at the door - I said, "I am robbed," I pursued and took him about one hundred yards from the door; he was taken, and 1l. 9s. 10d. was taken from him- he said he had pawned a bed for 25s., but the duplicate the officer found on him was only for 16s.; when we brought the prisoner back to the passage, he said, "I took half a crown for my trouble" - I had a penny-piece, which I took in Crown-street, Finsbury, and I meant to have put it by, had I had time - that was found on the prisoner; he at first said he had picked up half a crown, and then he took half a crown for his trouble - the duplicate found on him was dated the 8th of May; I had been out very early that morning, and met two or three friends - I had something to drink, and got a little fresh- in coming home from Mile-end-road to Kingsland-road I fell against a window, and broke it; some persons came out, and asked for my address - I gave a card; the prisoner was one of them, and he walked home with me - he took 16s. from my pocket.
Prisoner. Q. Did not you state before the Magistrate that you did not know what money you had? A. No - I did not state you robbed me of 1l. 2s. 6d.; I was not all over mud - I had some mud on my coat tail - they did not tell me at the watch-house to go home and get collected; I had drank two glasses of ale and three glasses of wine- I went out early on business, and had not eaten any thing.
JANE FOULKES . The prisoner brought my son home- I said, "I am very angry with you for stopping, who is this good man?" he said, "He came home with me" - I said, "I am much obliged to him;" I was persuading my son to come down to tea, and all at once the prisoner cried out, "You are dropping your money" - my son called out,"Mother, mother, I am robbed;" Nonsense, said I, but he ran out, and caught him - the Police-man came back with him; the prisoner then said, "I only picked up half a crown" - my son said he had put his hand into his pocket; they found 1l. 9s. 10d. on him.
JOSEPH BISHOP . On the day in question the prosecutor broke my window - he gave me a card, and I asked if that was correct; he then gave me another - the prisoner came up, peeped over my shoulder, and said, "His name is Foulkes, is it not?" I stared, but he said, "I know him very well, he lives in Bath-street;" the card he had given stated another place near there - the prosecutor then said he had removed; the prosecutor went into the house, but did not pay for the window then - he went away.
Prisoner. Q. Was there not a great mob round? A. There was a number of men and boys - a boy came up with a truck, he tapped the prosecutor on the shoulder, and said, "Are you not gone home yet?" I asked the lad if he knew him - he said perfectly well, and he lived in Felton-street; I then thought as I had three addresses I might find him.
JAMES GLIBBERY . I saw the prisoner leading the prosecutor - I watched them; they went into the house, and the prisoner came out in two or three minutes, and was shuffling his hand into his pocket - the prosecutor ran out, and said he had been robbed; I crossed, and took the prisoner back - I found a quantity of silver on him, and asked how he got it; he said he had pawned a bed for 25s. - I found 1l. 9s. 10d. on him; he then said he had picked up half a crown, and it was worth that to take him home - the prosecutor said there was a penny-piece with a particular mark, which he described; I said, "I have found such a one on the prisoner."
Prisoner. Q. Did you find any money in the pocket you saw me put my hand into? A. Yes.
Prisoner's Defence. On Saturday, the 8th of May, I had to make up 22s.; I went to my brother - he lent me three half-crowns, two shillings, and a sixpence; I pawned my bed for 16s. - there I received two half-crowns, and some penny-pieces; the prosecutor gave me half a crown for bringing him home, and 1s. he gave Mr. Laing's young man for riding on a truck from the Duchess of York public-house - I have asked Mr. Laing about it, but he said the boy denied all knowledge of it; the prosecutor was so
GUILTY . Aged 22. - Confined Fifteen Days .
Fifth Middlesex Jury - Before Mr. Common Sergeant.
1167. THOMAS DAVIS was indicted for stealing, on the 11th of May , 1 plane, value 2s.; 1 chisel, value 6d.; 1 brad-awl, value 3d.; 1 cutting-gauge, value 6d.; 1 file, value 3d., and 4 wooden knobs, value 2d., the goods of Robert Clark , his master .
ROBERT CLARK. I am a carpenter . The prisoner was in my employ on the 11th of May - he took these tools after he had done work at seven o'clock at night; I had seen the plane just before he left - I missed them from the bench in my front shop about half-past eight.
Prisoner. Q. Did not you lend me these tools more than once, and tell me on the Saturday night that I might have them to repair a couch on Sunday morning, and my wife went for them? A. I deny it; I swear to these tools.
Prisoner. Q. Do you swear to these? A. I got them turned for myself.
CHARLES BRISDEN . I took these four knobs from the prisoner at the watch-house - the other things were found at No. 6, Porter-street; the prosecutor said they were his lodgings, and they were found at a bench the prisoner worked at; the prisoner said he had purchased these four knobs - the prosecutor brought him to the watch-house.
ROBERT CLARK re-examined. I understood from the landlord that he sleptthere, and he has told me so himself; it was a work-table, not a bench - he had a little job there once which I lent him tools for; these knobs belong to a cheffioneer - there is nothing particular about them; I am sure this plane is mine and this chisel - he denied having this, and we searched among the shavings for it, as he said it must have got among them; we had missed it six weeks before.
Prisoner's Defence. After I leave work I go home, and do work to get a little more money; the prosecutor came to my place and found me at work - he turned jealous at it, and he sent for an officer; I have had the tools repeatedly, and taken them back.
WILLIAM CLARK . I am the prosecutor's son. The prisoner asked my father to lend him a plane to repair a couch, which he did, and he returned it; we then kept missing one thing after another, and my father said,"Mind, I will lend my tools to nobody any more;" we then missed several things; on the 11th of May we went to the prisoner's lodgings - my father said, "Where is my smoothing - plane?" the prisoner said, "Here it is;" we looked, and found the other things - he said he declared he had nothing more, but we found the knobs on him.
NOT GUILTY .
1168. MARY DUNN was indicted for stealing, on the 21st of April , 1 pair of boots, value 7s.; 1 pair of shoes, value 4s.; 1 dressing-gown, value 2s.; 1 pair of stockings, value 6d.; 1 pair of socks, value 11d., and 14s. 5d., the property of John Addison , her master .
JOHN ADDISON . I am a dancing-master , and live at Somers'-town - the prisoner was my servant . On the 21st of April, at half-past seven o'clock in the morning, a lodger knocked at my door, and said my servant had gone out and robbed me; I went down, and found the prisoner in custody of an officer; there was a bundle in the passage, and these articles laid beside it - I lost no money, that is a mistake in the indictment; she had been with me nine days.
THOMAS FULLER . I am a Police-man. I was on duty in Great James-street, Bedford-row, at half-past six o'clock in the morning - I saw the prisoner coming towards me; I followed her to Raymond-buildings, and then saw her go behind some bricks; I went and asked her what she had; she said a bundle of her own things - I opened it, and found these articles; I then looked at her feet, and saw a pair of boots, which I did not think were her's, and took her back.(Property produced and sworn to.)
GUILTY . Aged 15. - Transported for Seven Years .
JEREMIAH GOLDING . I am a shoemaker , and live in Church-street, Shoreditch . This pair of shoes hung at my door-post at half-past three o'clock; I saw the prisoner take them, and put them into his apron; I pursued, and saw him stopped by John Thomas - he came about six feet into the shop.
JOHN THOMAS . I stopped the prisoner, as I heard Stop thief! called; he ran down the street - I met him, and people behind him; I felt something drop on the ground, looked, and saw a pair of shoes which had not been there before; I felt them drop from his person - I saw them picked up.
WILLIAM THOMAS . I was working in the prosecutor's shop, and heard him run out, crying Stop thief! I followed him, and saw the prisoner stopped in Spencer-street - I saw the shoes fall and took up one of them, another person took up the other - they were taken home and put on the counter.
WILLIAM HOGDON . I was working for the prosecutor; he went out, and cried Stop thief! the prisoner was taken in Spencer-street - the shoes were brought back and put on the counter; I gave them to Carpenter.
Prisoner's Defence. The shoes were taken up and taken home, where there were many other shoes - they went and brought a pair, which they said I had dropped, but I had not.
MR. GOLDING. I was in my parlour, and there is a glass window there, but on the Friday before he attempted to take a pair - then he came a second time, and I said it would not be the last time; I am certain of him - I never lost sight of him.
Prisoner. It is false; they laid hold of me like a dog, and almost choaked me.
GUILTY . Aged 16. - Confined Three Months .
Miles Stringer .
JAMES LOVEDAY . I am in the employ of Miles Stringer, of Russell-square. On the 8th of May I missed a coalscuttle, at eight o'clock in the morning, from the area, where knives are cleaned - the Police-man brought it me; the prisoner said at the office that he had stolen it, and that distress drove him to it.
JEREMIAH CALLAGHAN . I am a Police-man. I took this coal-scuttle from the prisoner in Bedford-square, between five and six o'clock on the 8th of May; I asked him how he came by it - he said from his father; he did not say where he lived - he owned at the office that he took it.
Prisoner. The Police-man stated at the office, that he saw me come out of the area, and then he said a boy told him.
JEREMIAH CALLAGHAN. No such thing - a boy did give me information.
Prisoner's Defence. I was coming across Russell-square, saw it in a cloth, and took it up; the officer said I had taken it from a house at the corner of the square; I said, "I will go back;" he went and knocked at the door, and they did not answer - he then took me to the watch-house.
GUILTY . Aged 25. - Confined Six Months .
ELIZABETH SMITH . I am the wife of William Smith , a broker , of York-street, Westminster . On the 21st of May, about eleven o'clock in the morning, I was up stairs- our shop-boy called me down; he was gone after a woman - I missed the irons, and saw them again at the watch-house.
JOHN WILLIAMS . I was standing at my master's shop opposite; I saw the prisoner pass the prosecutor's door, then turn back, and take the fire-irons off a stove at the door; she went off, and I pursued her - I suppose she saw me cross the street, as she set them down; I ran, told Crook, and we pursued - I caught hold of her arm; she begged me to let her go - Crook took the fire-irons, then came, and took her back.
GUILTY . Aged 56. - Confined One Month .
1172. BENJAMIN STERN was indicted for stealing, on the 18th of May , 2 bushels of beans, bran, and chaff, mixed together, value 18d. , the goods of John Gardner ; and THOMAS ROWE was indicted, for feloniously receiving the same, well knowing them to have been stolen , against the Statute, & c.
JOHN GARDNER . I am a farmer , and live at Mile-end - Stern was in my employ, and had the care of my horses ; from their appearance I thought he had not done them justice. On the 17th of May I watched him out with the cart - he went about five hundred yards from my yard, and pulled up to a wateringhouse - he had some provender with him; I went to the Police-station to obtain assistance - I then went, and opened the bin, which was under Stern's lock; he had one key and I another - I saw the bran beans, and chaff, which he had for his horses; I put some marked brown paper among it - I directed the Police to send two men the next morning; here are the papers which have my hand-writing on them, and this is some of the same sort of stuff as was in the bin.
Cross-examined by MR. CLARKSON. Q. When were these bits put in? A. About ten o'clock at night, on the 17th - I cannot tell what day of the week it was; I believe Tuesday - my son saw me put them in, but he is not here; this bag, is a nose-bag, Stern should have fed my horses out of this bag - the horses would eat these papers if they came in contact with their teeth; I have about twenty men in my employ, each man has a key to his own corn-bin - there is no corn-bin which has more than two keys, that I know of; I have no reason to believe that Stern knew I had a key to his bin - he ought to keep his own; no other man has access to his bin, to my knowledge - I cannot say whether the key of one bin may fit another; this is bran, split beans, and chaff - there may be a little coarse pollard in it; there is no corn to my knowledge - I can speak to it by the bits of paper found in my nose-bag; there is no paper among it now - they were taken from it in a box in the publican's stable; this is my bag - I have a full recollection of marking these papers - there is a letter and a figure on each; if you tell me one I will tell you the other - here is G. A., that is 30 - here is G. H., that is 35; I took this precaution to detect it.
COURT. Q. Are you quite sure the marks are your hand-writing? A. Yes; I made them between ten and eleven o'clock that night.
WILLIAM MITCHELL . I am a Police-officer. On Monday, night, the 17th, the prosecutor applied to me, and on Tuesday morning, the 18th, I went down Mileend-road, between five and six o'clock - I waited for Stern coming out with his cart: he came out with two nose-bags on the shafts full of something, but I did not know what; a young man was with me - we followed the cart, and saw him drive up the yard of the Plough, which is in the road, with the nose-bags on the shafts - I told Ashford to go, and see what was done with them; he returned in about a minute, and said they were taken away- we then went after Stern as he drove towards Bow; we brought him back, and asked what he had done with what was in the bags - he said he had nothing in them; we went into the stable at the Plough, and in a bin we saw a quantity of chaff, bran, and beans, mixed - I sent to the prosecutor, who came and said, "If it is mine you will find some bits of paper wrapped up, with numbers and letters on them;" Rowe was present - he is the ostler at the Plough; we found four bits of paper in the chaff, and one in the manger, which Mr. Kemp's horse was feeding out of - Kemp keeps the Plough.
Cross-examined. Q. Have you brought any sample of chaff to satisfy the Jury that these papers were in it? A. No; I took them out, and brought them here - our inspectors told us to go disguised; we had blue coats on, not those we generally wear - when Stern came out of the prosecutor's, the bags were strapped on the shafts of the cart; the Plough is about two hundred yards from the prosecutor's - I saw the bags were full; I cannot say what of - there were two or three persons when I found
WILLIAM ASHFORD. I went with Mitchell from Mr. Gardner's to the Plough yard - there were two nose-bags on the near shaft: I went down the yard, because Mitchell was known - one bag was then gone from the shaft, and the other I saw Rowe take off and carry into the stable; I do not know where he put it - the cart was between me and the stable; a man came out of the stable with him, in a white frock - I then followed the cart towards Bow; this was about six o'clock or soon after - we brought Stern back, and then I sent Mitchell to take Rowe and the man in a white frock; he took Rowe, but the man in a white frock I could not be certain of.
Cross-examined. Q. Did you tell Mitchell you wanted a man in a white frock? A. Yes, but I could not swear to him - I did not take him into custody; I took him into the stable with the two prisoners, and set him down - when we were going to bring them away I put the handcuffs on the prisoners; I said I could not be sure of the other - I did not seize Perry: I called him out of the tap-room, took him by the arm, and said, "Now you go into the stable along with the rest;" I cannot say how long I detained him - I did not charge him as being the man who took off the nose-bag; I said he came out of the stable with the Ostler.
Rowe's Defence. I think it a very hard case to be taken away, when I was taking off a bundle of tares from the man's cart - then Mitchell came and collared me; he demanded the key of the stable - I refused to give it, and they took it from me.
MR. CLARKSON called -
JOHN PERRY . I was at the Plough that morning; Ashford came and ordered me out - I had two bundles of tares to carry down into the stable; I took one, and called Rowe to take the other - I suppose that was the reason why I was seized; I was kept in the stable about twenty minutes - I said, "I will go and get my breakfast;" he said,"You stay there, and don't be obstinate;" he did not tell me he was an officer.
Stern's Defence. When they came to me I was half a mile from the public-house - Ashford jumped into the cart, and told me to stop; he asked where my victuals for the horses was - I said in the sack; he then asked where the corn was that should be in the nose-bags - I said I had not put any in.
STERN - GUILTY . Aged 40.
Transported for Seven Years .
ROWE - NOT GUILTY .
WILLIAM HILL . I am one of the surveyors of Heston parish. I saw this plank safe on Saturday, the 24th of April; I' missed it afterwards, and having some suspicion, I got a warrant, and searched the premises where the prisoner lodged - I found this plank in a shed adjoining the house, cut in two pieces, and sawed again in the middle; it had been twenty feet long when we had it - the prisoner was taken on Monday, the 26th; he said he had found it, but did not say where - I had seen it in the gravel-pit on the 24th- there is no way through there: it cost me 1l. 0s. 8d., but it is not worth much now, as it has been used.
THOMAS SANGER . I am a labourer, and am employed by Mr. Hill. I left this plank safe on Saturday, the 24th of April, at six o'clock, in the gravel-pits: I returned to work on the Monday, and it was gone - I told my master of it; I know this is his plank.
JAMES JEFFS . I am constable of Heston. I had the search-warrant, and found this plank in the shed; and these irons, which were burnt out of it, were in a cupboard in the prisoner's house - I have matched them; they fit exactly - his house is about a mile from the gravel-pit.(Property produced and sworn to.)
Prisoner's Defence. I got up that Sunday morning, and went to a house where my mate lived, to help him dig up a piece of ground - I picked up this plank, and thinking it no more than fire-wood I threw it into my shed; if any one had come to own it, there it was; Mr. Hill found it neither locked up nor concealed - it is a public shed, which forty persons pass in a day.
MR. HILL. It was in a shed, and the pieces were set one against the other, and an old board wider than this set before them - there is no road only to where he lodged.
GUILTY . Aged 29.
1174. The said JOHN STEERS and WILLIAM GOODHALL were indicted for stealing, on the 25th of April , at Isleworth , 1 wooden gate, value 40s. , the goods of the Surveyors of the highways for the time being, of the parish aforesaid .
CHARLES ELY . I am one of the Surveyors of Isleworth. I recollect part of a gate being safe on the 24th of April, between Isleworth and Heston; it parted the two parishes- it belonged to me as a surveyor of the parish: I saw it safe that Saturday, and missed it on the Monday, when I was informed it was stolen - it was in some enclosures, two or three hundred yards from the highway.
JAMES TAYLOR . I am a game-keeper. On Sunday morning, the 25th of April, I saw the two prisoners, but I was not sure of their persons, till I gave them the meeting again; I am now quite sure they are the persons - I saw them come across the Review-ground, and saw Goodhall bury this gate under the gravel; Steers got on a high hill, to watch if any body came - this was about four o'clock in the morning; Steers then went down, and they went into the high road - they went to a pond to wash themselves; I went round and met them, to see who they were.
STEERS - GUILTY . Aged 29.
Transported for Seven Years .
GOODHALL - GUILTY. Aged 25.
Recommended to Mercy by the Prosecutors .
Confined One Month .
JACOB FULFORD . I am a green-grocer . The prisoner was in my employ, and had been so for a month; he was to receive money and bring it to me immediately - he never brought me 13s. from Smith.
SOPHIA SMITH. I paid the prisoner on the 14th of April, 13s. for his master, about half-past five o'clock in the afternoon, at my master's house - there was no bill; I gave him a sovereign to give change - he gave me 7s.
JACOB FULFORD. He never brought me that money; he had run away from me on the day before, with a basket of potatoes, for which he received 3s., at Mr. Hamilton's; he knew that Smith owed me this money - I had sent him there with potatoes; I had not discharged him.
EDMUND DAVIS . I am a Police-officer. I took the prisoner on the 18th of April, in St. Giles; I charged him with taking this money; he said he was very sorry for it, but did not deny it - he said he had received 3s. from Lady Hamilton's butler, and this 13s.
GUILTY . Aged 20. - Transported for Seven Years .
JOHN WILLSHER. I am a baker . The prisoner was in my employ till the 27th of March - on the 13th of April I missed this property, and on the 27th of April I found it in his lodging, where I went with a search-warrant.
Cross-examined by MR. BARRY. Q. Where did you miss this printed cotton from? A. From a roll which I had of it- it was not made up; it had been in the second floor back room - I have two men servant s and two maids; the maids had access to that room - the prisoner was in my employ four years, and behaved well; I had some changes to make, and did not want him - he was in the employ of a baker named Watts, at Camden-town; I had not asked him to come back - I found this cotton up at his window, made into a curtain; it had no mark - I only know it by the pattern: I had not applied to him to conduct a business for me in Oxford-street - my father took that shop, and wished to know if he was disengaged, and would go and live with him - that was the day after he left me; he did say he had bought this two years before, in Tottenham-court-road, and I believe the officer went there; I never knew the exact quantity I had of this cotton, but it appeared not so bulky as it had been.
MARY ANN ENGLAND . I am servant to the prosecutor. I have a piece to match with the curtain found at the prisoner's - they match exactly, and are both new; I could not compare the cut, because this is made up.
DAVID GEORGE ALDERSON . I went with the prosecutor on the 27th of April to No. 92, Park-street, Camden-town, where the prisoner lodged; I waited till his wife got up - I took this curtain down from the window; the prosecutor said it was his - I found nothing else that he could identify; the prisoner's wife said she had bought it some time before - I then took a quilt, which has a piece of the same pattern in it, but a different ground; I went to Mr. Hewitson's, in Tottenham-court-road, where the prisoner said his wife bought it; I asked if they had any of the same - they said No, for it was a pattern they supposed twenty or thirty years old, and they never had it: the pattern is two men in a boat, and in the curtain here is only one, and here is some green which there is not in the curtain.
NOT GUILTY .
1177. JOHN CROSS was indicted for stealing, on the 8th of May , 1 hammer, value 1s.; 1 oil-stone, value 1s.; 1 square, value 6d.; 1 punch, value 6d.; and 1 plane, value 2s., the goods of William Flack ; 1 stock and 2 bits, value 8s.; 2 planes, value 5s.; 1 gauge, value 6d., and 2 plough-irons, value 1s., the goods of Henry Jay .
WILLIAM FLACK. This square, punch, and plane are mine; I left them on the night of the 7th of May, in the house where Jay's tools were, and they were gone on the 8th.
RICHARD MILLER re-examined. He said he had brought them from Brighton, where he had been last at work.
GUILTY . Aged 29. - Transported for Seven Years .
JAMES HUMPHRIES. I am an ironmonger , and live in Gee's-court, Oxford-street . On the 22nd of May I saw the prisoner looking at a fender outside my house - I was engaged, and could not go out then; when I had served my customer, and went to the door, the prisoner was going away, with it under her arm - she had gone ten or twenty yards; I asked what she was going to do with it - she said she had bought it, and was going to take it home; I said, "You have taken it from my house;" she denied it, and would not let it go.
Prisoner. I took it in my hand with no intention of stealing it; I had got very much intoxicated, and took the fender - the prosecutor came and took me, and so did the Police-man: I lost a half-sovereign out of my hand between them.
JAMES HUMPHRIES re-examined. I suppose she had got at least ten yards; she had the fender under her arm- she walked pretty well, but from her language I think she was more tipsy than any thing else, as I told the Police-man. GUILTY.
The indictment further charged that the prisoner had before been convicted of felony.
- LINNEY. I was present at her trial on the 9th of July, 1828; she was found guilty of stealing two decanters, the goods of Benjamin Brooks, and was confined one month in the House of Correction - I am certain she is the person: I produce a certificate of her conviction.
Prisoner. He is a false-swearing enemy to me - turn him out of Court.
GUILTY . Aged 26. - Transported for Life .
JOHN BAPTIS was indicted for stealing, on the 24th of May , 1 jacket, value 16s.; 2 shirts, value 8s.; 1 cap, value 18d.; 1 bed, value 6s.; 1 sovereign, and 4 shillings , the property of Henry Harris .
HENRY HARRIS. I am a slopseller . I lost these articles from my shop; I was out when they were taken - I had seen them safe half an hour before.
Prisoner. I gave this note to a lady; she read it, and gave me the things - (note read.)
Port of London, May 22, 1830.
Three days after the ship Diana sails from Gravesend, pay to John Matthews or his order, the sum of two pounds, seventeen shillings and sixpence, being one month's wages in advance, if he sails in the above named vessel, and place it to account, as per advice. From your humble servant.
Payable at Messrs. T. Chapman and Co.'s, No. 2, Leadenhall-street, London.
HENRY HARRIS . He brought this note, and I said, "If you will take part goods and part money, I will cash it;" he looked out the goods stated, and then 1l. 4s. was coming to him; he said, "Make haste, for I have only two hours to get my things, I am cook of the vessel;" I said,"My custom is, to go and place the things in the vessel, and see that all is right;" he said, Yes, he had no objection; he said, "Give me the money, I want to purchase some sea stock;" and I did; he asked to see his things tied up - I tied them up, and put them on a counter; and as my wife was at Margate, I asked my tenant to mind my shop while I went on an errand; after I was gone about ten minutes, the prisoner came and got the things, which he sold for 10s.
HANNAH ABLE . The prosecutor asked me to mind his shop; the prisoner came in a few minutes, and I said,"Mr. Harris is not at home;" he said, "These are my things;" he took them off the counter; he said,"They are paid for, and all is right;" he took them over the door and gave them to another man - I did not know but they were paid for.
JOSEPH ENEVER . I am an officer. I took the prisoner, but the things are not here; the Magistrate said they were not wanted - the prosecutor gave the prisoner in charge for a fraud; the prisoner said he knew nothing of Mr. Harris, and he would not go - I insisted upon taking him, and collared him - he then went quietly; the clothes were found at a person's who bought them of the prisoner in Shadwell-highway, of the name of Marks - he said so at the station-house, and the prisoner did not deny it.
Prisoner. Q. Did not I go quietly? A. Yes; after I had drawn him two or three yards.
HENRY HARRIS . I did not inquire about this note - for if he was not on board the ship it would not have been paid; I gave him the 1l. 4s. to get his sea stock; when I took him he appeared to be drunk, and said he had pawned them; there has been such a ship lying in the port, but she is gone.
Prisoner. He took me before the Magistrate, and I said I was willing to go in the ship, as it was not gone away, but he would send me here. Witness. Such a word was never mentioned; I could not find him till three o'clock - I said, "Come on board the ship;" he said,"I will see you d - d first;" he came to me about twelve o'clock, and then said he had but two hours to get his sea stock in. NOT GUILTY .
1180. JOHN BAPTIST was again indicted for stealing, on the 22nd of May , 3 pairs of trousers, value 12s.; 2 shirts, value 6s.; 1 cap, value 1s. 6d., and 1 sovereign , the property of William Anderson .
WILLIAM ANDERSON . I am a tailor and slop-seller . The prisoner came to me last Saturday, and brought this note from another ship; he wanted clothes to the amount of 20s., and one sovereign which I gave him for the amount of the note - he said he was going to the ship in a great hurry.
This was a note similar to the last, but stating him to belong to the ship Alice, and drawn for 2l.
Prisoner's Defence. The captain gave me the note on Sunday, and I met a black woman, who said she knew this gentleman; I went and got the note changed with him - the captain said I must be on board by half-past six o'clock; I ran off as the ship had sailed - I gave a waterman 1s. to put me alongside, but she was going before the wind, and I could not get on board; I came back, and got the note of the other ship - the things I had of the prosecutor are on board the vessel.
GUILTY . Aged 31. - Transported for Seven Years .
Third Middlesex Jury - Before Mr. Justice Littledale.
1181. CHARLES CALLCUTT and ANN (HIS WIFE ) were indicted for that they, on the 24th of April , 2 pieces of false and counterfeit money, resembling the good, lawful, and current coin of this realm, called sixpences, feloniously and traitorously did forge, counterfeit, and coin; against their allegiance , & c.
MESSRS. SCARLETT and ELLIS conducted the prosecution.
BENJAMIN PHILLIPS . I am a Police-constable. On the 24th of April, about five o'clock in the afternoon, I went to the prisoner's apartments, No. 30, Lower Northampton-street, Clerkenwell , with Dove, Goodson, and another officer - I found the street door open - we proceeded to the two pair front room; we found that door locked, but there was sufficient space open, that I could shove the door and see a little into the room; the box of the lock was loose, so that I could put my finger, and see between the door and door-post, not through a crack; I saw the male prisoner sitting at a table by the fire-place, looking at some sixpences - there appeared to be about ten; they were in his hand - I saw him put them down on the table at a little distance from him with his right hand; I saw his wife(the female prisoner) pass another sixpence (which she took from a bit of dark paper) across the table to him - she was standing on the other side of the table, but rather nearer to the fire than he was - he put that sixpence with the others; I saw something on the table, which appeared like a flat piece of chalk, in front of him; I then turned the handle of the door, found it fast, and burst it open, and on entering the male prisoner rose from his seat; I seized his arms, shoved him back into the chair again,
Cross-examined by MR. PHILLIPS. Q. This is a sixpence that, I dare say, you would take for your wages if it was offered you? A. I should be very sorry to take one like it - it is clear enough that it is bad; there are lumps on the edge of it - it would not impose on me for a moment; I consider it in that rough state that no one would take it - a solid piece of metal was found in my presence, also more plaster of Paris; a tea-cup and teaspoon, with plaster of Paris in it, and eleven more sixpences - one man could easily carry the things; the thing the fire was in, could he carried into the room, but not in the state it was then in - I took it off with the tongs; it could have been lighted after it was brought in - I went to the house in consequence of information.
Q. Do not you know they were brought there a very short time before, by the person who gave you the information, for the purpose of getting a reward? A. I do not - I have known the person who gave the information for several years; he is a bricklayer and plasterer - he had never given me information before; I promised him nothing, nor did any body else to my knowledge - he is a poor man; I saw him about a week ago - I found nobody but the prisoners in the room; I had seen the man, who gave the information, looking out of the window not many minutes before I went in; he gave me a signal out of window - he was quite able to carry the things there; I know his name, and where he did live - when I looked through the crevice, the male prisoner was examining the sixpences; his wife was nearly opposite - it is a small round table; I never saw them before, and cannot say they live there - the man who gave the information had spoken to me about it in the early part of the day, but did not tell me where the place was till the afternoon, it might be two hours before; he had been in the company of Goodson during those two hours; I saw him part of the time - I became acquainted with him by living in the neighbourhood where he was brought up; I was a patrol of the parish before I joined the Police - I do not know where the informer is now; he could have been here, no doubt.
JOHN DOVE . I am a serjeant of the Police. I accompanied Phillips and the other officers to the prisoners' room - we could see between the door and door-post; I looked through there, and saw the moulds on the table, and the money piled up by the side - the man appeared to have some money in his hand; the woman stood against the table, and seemed as if she was rubbing a sixpence with a piece of paper - she returned it to her husband; he looked at it, and then appeared, by the movement of his hand, to put it on the others, which laid by his side - I assisted to break the door open, and tried tosecure the woman, but could not at first; she attempted to strike Phillips -I kept her from doing so, and she cried out, "Oh, you villains!" the man said, "Oh, I am done!" and seemed much affected; the woman put her hand on the table, and struck the moulds off; one fell at her feet - she stamped on that, so that it was all powder; the other fell against the fender and broke - I saw Phillips pick up a sixpence from the powder under her feet, and one or two pieces of metal were taken up with the sixpence -Phillips picked up part of the mould which fell against the fender; it was put together afterwards - he kept it in his possession; I saw it again when I went to Mr. Field's to have it put together - this is the same (looking at it) - I searched the male prisoner, and found on him six good sixpences, and one had one, which I produce; I found in the cupboard a tea-cup with plaster of Paris in it, and a metal tea-spoon which stuck to the plaster of Paris; it appeared to have been watted - I produce a mould, which I found in the iron pot.
Cross-examined. Q. Suppose that sixpence was paid you in your salary, I dare say you would hand it back again? A. I should certainly - I should know it was not good if I examined it.
COURT. Q. Suppose any body had paid you a number of half-crowns, shillings and five or six sixpences, and this was one of them, and you just looked at it among others, should you take it? A. I should take it if I was not to examine it, or if I only examined it in the ordinary way among others.
MR. SCARLETT. Q. You think this might impose on you in common circulation? A. Yes - if my attention was called to it I should see that it was bad, but not without; if it was offered to me casually I should take it.
MR. PHILLIPS. Q. Do you mean to say that with ordinary care, looking at it as you ought at money, that you should take it? A. Yes, if it merely passed from one hand to another I should, and so might any one looking at it with ordinary care, taking it with more money.
WILLIAM GILMAN . I am a Police-constable. I was the third person that entered the room - the woman was then striking Dove who was endeavouring to secure her; she reached towards the table - I conceived she was endeavouring to sweep the things off; I reached my hand under
Cross-examined. Q. Do you know a person named Bradford? A. No; nor Rose or Pope - I was desired to go to the house by the inspector; I did not myself observe a man at the window - we were not all exactly together; Phillips or Dove informed me when to go in - we might be a yard or two apart; I knew I was going about some coin, and was informed we were to have a signal -I heard so while we were walking there, and before we went in; we did not find the man who gave the signal in the room, nor meet him on the stairs - one person could carry all the things into the room; I am not aware which way the man went out - we went up gently and found nobody but the prisoners in the room; I did not hear the informer's name, and was not acquained with him at all -I was merely fetched from the station to go with the officers; I believe my brother officers saw the man looking out of window - I have seen a man who I was told was him; he came to Phillips - I saw him with Phillips about an hour before we went to the room, and he walked before us; I do not remember in what street he left Phillips - it might be half a quarter of a mile or a quarter; Phillips followed him at about twenty yards distance, but when they turned the corner I did not see them - Phillips came back to us without the man, before we went to the house; that man could not have put the thigns on the fire - I cannot say there was any thing to prevent his putting them on, and lighting the charcoal afterwards; he might be absent from us about three quarters of an hour, out of my sight - I did not speak a word to him; I do not know whether he was to be paid any thing - I was told he was to accompany us to the house; he was going towards the house at the time he left us - Phillips left us at the same time; I did not go to the house for an hour after Phillips returned to us - the man was then out of his sight.
THOMAS GOODSON . I am a Police-constable. I accompanied the officers, and apprehended the prisoners - I found one sixpence lying on the floor near the fire-place; I produce it - I examined a chest of drawers in the room, and found this piece of metal in them.
Cross-examined. Q. Did you observe a man looking out of window? A. No; he might have been there - I had not seen the informer that day; I went with the other Police-man - I had been with Phillips for about three quarters of an hour; no man came up and spoke to him to my knowledge - Phillips did not follow a man who had been speaking to the Police-man, while I was with him - if any one has sworn so, he must be mistaken.
Q. Was it by a mere lucky accident that you went to the house? A. Yes - I did not know of information being given, or that we were to have a signal.
Q. You never heard of it till now? A. Oh Yes, we heard it that morning before we went to the house.
Q. What is the reason you swore it was by accident you went to the house? A. It was accidentally that we happened of them - we had received information in the morning, but that was not in the evening; I say we went there by accident - we did not know whether we should have it right then or not; I saw the man in the morning on my beat - I did not hear him give the information; I did not speak to him - I saw him afterwards at one o'clock, and he spoke to me; he did not give me the information - he was walking about, and I was on duty; he was not an acquaintance of mine - he had been speaking to somebody before; we went accidentally whether we should light on this man or not.
Q. Was not that what you were speaking to the man about at one o'clock? A. Yes - we went to the house at five; I have not seen the man since, and do not know who he is - he did not tell me to be there at five; we went accidentally - I did not know he was to have been at the window to give a signal; I never heard a word about a signal till now.
MR. ELLIS. Q. Under whose direction did you act? A. Phillips.
ELIZABETH GUTTERIDGE. I occupy the house, No. 30, Lower Northampton-street. The prisoners came to lodge there in June last, and have been with me in the same room ever since till they were apprehended - it was the second floor front room; the woman paid the rent.
Cross-examined. Q. Did you see a man there the day they were taken up? A. Yes - I did not see him look out of window; I saw him come out of the door, and had seen him go up - I understood he was an acquaintance of theirs; I saw him there four or five times in the course of a fortnight, and had seen him that morning - the Police came in, I suppose, a quarter of an hour after he went out, but I saw him go in again with something in a jug, and shortly after the Police-men went up stairs he came to the door from the back-yard; I have not seen him since - I always supposed the prisoners to be well conducted persons.
MR. ELLIS. Q. What size was the jug? A. A blue jug, about a pint - he had something in it, but a handkerchief was thrown over the top of the jug, as he had it in his hand; he had nothing more in his hands.
MR. PHILLIPS. Q. Would not that crucible go into the jug? A. Yes.
JOHN FIELD . I am an inspector of counterfeit coin, I had two counterfeit sixpences produced to me at Hatton-garden, which I compared with the broken mould which has the obverse impression - this is the mould;(two sixpences handed to the witness,) neither of these correspond with that mould - (looking at another mould) I apprehend this is a counterpart of the other; the two from one mould - these two sixpences are a different impression altogether; I compared two sixpences with the mould at Hatton-garden, which corresponded in every respect - here they are; these were cast from the mould - they are not completely finished.
Q. These two correspond with the mould? A. Yes - they appear to be the two that were produced at Hatton-garden; I observed a small indented mark under the neck, and I think I can distinguish a similar mark on the obverse side of the mould - I have compared the sixpences as accurately as I can, from the broken state of the mould, and believe them to have been made by that mould; there is a small part of the impression left on the reverse side, and that fits the counterfeit sixpences exactly - these two sixpences yet want their finishing; to the best of my belief they were formed by this mould - the eight counterfeit sixpences are from a different mould altogether; the good sixpence is of the same pattern as
COURT. Q. Supposing them to have been put into circulation, would they he rejected at once? A. Certainly, common observation would point out that they were not finished - the two corresponding with the mould would be rejected by the most common observer; the one that is finished has the rough edges taken off.
NOT GUILTY .
The mould upon which this indictment was framed was the one alluded to in the last case, and which was found by the fender in the officers' search; the witnesses gave the same evidence as in the former case, except that Phillips, on his cross-examination, stated that the informer had been in custody for uttering counterfeit coin.
Prisoner's Defence. About half-past four o'clock on Saturday afternoon the man, Skinner, came up and asked if I would let him do a job in my room; I said I did not care - he wore a jacket, with great pockets inside and out- he pulled out the charcoal in a small bag, and said,"Will you lend me a saucepan to burn this charcoal in?" I said I did not care - he asked if I would have some beer - he went out, came in with a pot with a handkerchief over it, and said, "I have not brought the beer, but something that will fetch you a good deal of money;" I said, "I will have nothing to do with it" - he said,"Well, I will go into the yard, and fetch them directly;" he had scarcely got down stairs before the Police-men came up - I was looking at them in my hand, and was so, confused on their entering, that I dropped them.
NOT GUILTY .
Before Mr. Baron Vaughan.
1183. CHARLES SMITH was indicted for stealing, on the 10th of April , 7 spoons, value 7l.; 8 silver forks, value 5l.; 8 sheets, value 2l.; 1 table-cloth, value 3s.; 3 waistcoats, value 3s., and 1 pair of skates, value 1s., the goods of Thomas Frederick Dymock , in his dwelling-house ; and SARAH TOMLINSON was indicted for feloniously receiving the same, knowing them to have been stolen .
THOMAS FREDERICK DYMOCK , ESQ . I live in Lincoln's Inn-fields - the prisoner Smith was my groom and valet for one year; the other prisoner was my laundress , but not a servant in the house - she came backwards and forwards for the linen; I suspected I was being robbed, and on the 7th of May I missed the articles stated in the indictment, and other articles of apparel - Smith had the care of the plate.
EDWARD BENTON . I am a pawnbroker, and live in High Holborn. On the 21st of May the prisoner Smith pawned a coat and trousers for 7s., in the name of Charles Smith - here is a paper under the collar of the coat, with the name of "T. Dymock, Esq."but I did not see that at the time; the same name is on the waistcoat.
Cross-examined by MR. BARRY. Q. Did you know him before? A. No; I am sure he is the man.
FREDERICK CHESTERMAN . I am a pawnbroker, and live in High Holborn. I have a waistcoat, pawned for 1s. 6d., on the 12th of March, in the name of Charles Jones- I do not know who by; Mr. Dymock's name is on it.
WILLIAM COOMBE . I am a shopman to Mr. Fleming, a pawnbroker, of Farringdon-street. I have a shirt pawned in the name of John Jennings, for 6s.; I do not know the person - the prosecutor's initials are on it.
PHILIP EATON . I am shopman to Mr. Walter, of High Holborn. On the 10th of April the female prisoner pawned five silver table-spoons, in the name of Mary Smith, for 2l. 10s.; they are worth 3l. 10s. - they have a crest on them, and a falcon. On the 30th of January she pawned a silver fork for 10s. 6d., in the name of Ann Smith - that has no mark: on the 4th of February she pawned a silver fork for 8s., without any mark; and on the 8th of April two table-spoons, in the same name; that is all that I took in - I have three sheets, pawned on the 27th of November, for 14s., in he name of Mary Smith ; and a shirt for 4s. on the 20th of June, and two sheets for 8s. on the 10th of June - I believe all these were pawned by her.
Cross-examined. Q. Have you any thing pawned before June? A. There is one pledge in May, 1829 - I do not know whether Mr. Dymock claims that.
WILLIAM CRAGHILL . I am shopman to Mr. Gillion, of Stanhope-street, Clare-market. On the 23rd of April the male prisoner pawned two waistcoats and a pair of skates, for 5s., in the name of Charles Smith - I am certain of him- they have the prosecutor's name marked on them.
Cross-examined. Q. Was he a stranger to you? A. Yes - we frequently have such things pawned; he came into the last box, which is rather dark, with his hat over his eyes, and stood rather back, but I took them from him myself, and noticed him, as he asked for 8s.; I could not give that, and gave them back to him; he was about ten minutes in the box - it was between three and four o'clock.
MR. DYMOCK. I know these seven table-spoons by the crest; I missed them on the 7th of May, which was the day he left - he used to sleep in the house; the other things are mine.
Cross-examined. Q. When did he come into your service? A. On the 9th of May, 1829, and left me on the 7th of May, as he was apprehended that day on this charge, at my complaint - I believe Tomlinson lived in the service of the person who preceeded me in the chambers; I bought the sheets from him - the plate was about in use: the female prisoner attended the chambers three or four months ago - I employed her as a laundress till within three or four months of the 7th of May; I once gave the prisoner a coat, but not the one produced - I had a good character with him.
COURT. Q. You occupy one set of apartments? A. Yes, one floor exclusively - I sleep there; Smith slept in the garret, which I rent with the floor.
Smith's Defence. Mr. Dymock called his property over; I took the rest of the plate down to him, and he missed this - I explained to him; I said I had no suspicion
MR. DYMOCK. He did not at first attempt to throw the blame on Tomlinson; he said she had a hand in it - he brought me down the plate, and examined it with me: I said nothing to him - he hegan by saying he had given it to Tomlinson himself to pawn - that she had pawned it, and she had the duplicates, and that he had part of the money for it; I had him apprehended that day - I did not mention this before, because I considered it a confession made previons to his having any idea of my having him apprehended - it was quite voluntarily.
Smith. I knew nothing of the criminal conduct that was going on, till the property was called over; if I had a mind to be a rogue a few days before, I could, for I brought money from the Bank to him.
MR. DYMOCK. I have sent him three or four times to the Bank for 20l. or 30l. - I had not given him notice to leave me; I suspected he had made away with plate, and ordered him to bring it down, which he delayed for a day or more, and then made this confession.
Tomlinson's Defence. I did not receive them as stolen- every bit of plate that I pawned was brought at different times to my house; I was to get so much for it, and Smith used to wait at my house till I returned - he would never take the duplicates, but always the money; the next time he came he said he wanted to buy a pair of boots; I received every bit of the plate from his hands; and he had the money - I have been a mother to him; I mended his clothes and boarded him when he had not a shilling.
EMMA BYE . Tomlinson lodged at my house; I saw Smith bring the five spoons there - I think it was in April last; he brought them up to the second floor front room, and put them on the ironing-board; Tomlinson was gone to the Temple; I went into the room, and took them in my hands - I sighed, and said, "Ah! I have been in possession of as much plate as this;" I am sure these are the spoons - he left them on the table till Tomlinson returned - he went out, and told her sister, who was in the room, that Tomlinson knew what was to be done with them; I said they were such plate as I used to have; the sister said, "Oh, they are brought here to be cleaned."
Cross-examined. Q. How far was this from Lincoln's Inn-fields? A. Not far; I knew Smith as the prosecutor's servant, but had no suspicion, as she said it was to be cleaned; Smith was at the house three times on the day he was taken.
SMITH - GUILTY of stealing to the value of 99s. only .
Aged 21. - Transported for Seven Years .
TOMLINSON - GUILTY . Aged 49.
Confined One Year .
Second London Jury - Before Mr. Recorder.
JOSEPH PIKE. I am a boot and shoe-maker , and live on Ludgate-hill . On Saturday, the 8th of May, about half-past eleven o'clock at night, these boots were within the door-way of my shop; I had just gone in to supper, and in five minutes was called out, and informed they were gone; I found the prisoner at the watch-house with them, and was certain of them.
CORNELIUS SALVIN . I am shopman to Mr. Pike. I was in the shop, saw the prisoner come to the door, and take a pair of boots off the floor inside the shop; I ran out, and saw him run up Stationer's-court with them - I never lost sight of him; I saw the watchman in Amencorner, and told him - he stopped the prisoner; I saw him drop the boots, and picked them up.
Prisoner. Q. Are there any turnings in the court? A. One to the right - you were ten or twelve yards before me; you ran up the archway, and turned towards Warwick-lane - I never lost sight of you except for a moment, while you turned, but saw you again directly; nobody was near him - he then threw them away into a passage, which has no thoroughfare.
WILLIAM PAXTON . I am a watchman. I stopped the prisoner at the bottom of Oxford Arms-passage, Warwick-lane; I did not see him drop the boots - they were brought to the watch-house by Salvin; the prisoner said he was accused wrongfully.(Property produced and sworn to.)
Prisoner's Defence. I was going home, and had occasion to turn down this passage for a certain purpose, when the watchman came to me and said, "I want you;" I said, "What for?" he said, "You are accused of stealing a pair of boots;" the lad came up with them, and said I had stolen them - I said it was false, and went with them without resistance.
GUILTY . Aged 29.
Confined Six Months , and Whipped .
CLEMENT HARRIS . I am a chronometer-maker , and live in Cornhill . On the 19th of May, about half-past ten o'clock in the morning, I was on London-bridge, going into the Borough; I am sure I had a handkerchief in my outside coat pocket when I left home - I felt a motion, turned round, and it was gone; I did not see the prisoners - my handkerchief was produced by the officer of the bridge; the Police-man had stopped the prisoners, and brought them to the watch-house; the handkerchief has no private mark - I know it by the wear and pattern.
Cross-examined by MR. PHILLIPS. Q. You seem rather to doubt about it - you had no private mark on it? A. No; it is not an uncommon pattern - there may possibly be another like it; I had used it a few minutes before, and was particular in putting it into my pocket, having been robbed twice before on the same spot - neither of the prisoners were in custody when the officer spoke to me: they were brought to the watch-house in about five minutes - nobody but the officer stated they had seen this.
COURT. Q. You felt your handkerchief go? A. I felt that I had lost it; I did not distinctly feel my coat moved.
Q. When you saw Hall trying the pocket, and Brown in his company, was there another person between them who could have done the act? A. No.
Cross-examined. Q. You lost sight of them? A. Yes; there was a great crowd on the bridge - persons might have intervened while I was crossing, or the handkerchief might have dropped on the ground.
Q. I have heard it said you are a preventive Police, why not try to prevent the robbery, instead of putting the County to the expence of the trial? A. I always understood we were to apprehend criminals; I suspected them.
Q. Did you think a job at the Session would be a good thing for you? A. No, I did not - I know if they are found guilty I shall have my expences; it depends on circumstances, whether I shall have the expences if they are not found guilty - it depends on good evidence; I cannot say how much I expect, for I never received it - I know none of the Police who have had expences at these Sessions: I have been a Police-man four months - I was never at Clerkenwell; I gave evidence at Kingston, and got 7s. a day there - I cannot say what I expect here; it depends on my Lord's pleasure, whether I get any thing - I cannot saw how it will be: I may be mistaken about the amount I got at Kingston - I received 1l. 12s. altogether there; I said I got 7s., but did not say "a day;" I mentioned 7s., because you asked what I got a day - I did mean that I got 7s. a day, but I may have made a mistake.
Q. Do you think your expences depend on whether the prisoners are found guilty? A. I cannot say which way it will be.
COURT. Q. Do you believe if the prisoners are found guilty you will have your expences, and if acquitted, you will not? A. No, I do not.
MR. PHILLIPS. Q. What, do not you? A. What my Lord put to me; I cannot say whether I shall have them, if they are found guilty - I do not expect them if they are acquitted, nor if they are found guilty; if I say I do, you will say I came on purpose for them - it is left to my Lord's pleasure whether I have them or not.
Q. You must know whether you expect any thing or not? A. I said just now I could not ascertain that: I do not expect the expences if they are found guilty - I have come here for the sake of pure justice; I do not mean to apply for the expences.
SAMUEL GEORGE BOWLER . I am an officer of London-bridge. I was standing on the middle of the bridge and saw the Police-man running, he had hold of Hall and gave him to me, and then went after the other; I had not seen either of them before - I took Hall to the watch-house, and found the handkerchief on him; Mr. Harris claimed it - I asked Hall where he got it; he said he had found it - the Police-man immediately brought Brown in; all he said was that he had seen Hall pick it up - I asked him what he was going to do with it, and he said any gentleman should have it who owned it, that he had picked it up; I had found it inside his shirt - his waistcoat was half unbuttoned.
Cross-examined. Q. Brown had not heard Hall's story when he said this? A. No; the bridge is always crowded from nine o'clock till eleven, with people as thick as they can walk - I do, and I do not expect my expences: I do not think about them when I come here for justice, and do not care whether I have them - I expect them.
JURY. Q. Did you search Hall on the bridge? A. No, because it would cause a mob - I found the handkerchief in his breast between his shirt and body; it was an open shirt - nobody was in the watch-house then.
Hall's Defence. I was going over the bridge, and on the turn of the bridge I saw a handkerchief lying: Brown was just before me - he attempted to pick it up; I took it up and put it into my bosom - he asked what I meant to do with it; I said if any gentleman owned it he should have it directly.
Brown's Defence. I was about the centre of the bridge and saw the handkerchief lying - I was going to take it up; this young man took it up - I asked what he meant to do with it; he said to give it to the first gentleman who owned it - I went on, and the Police-man seized me.
NOT GUILTY .
JOHN THOMAS BILLETT. I live at Richmond, Surrey. On the 18th of May I was looking in at a picture-shop at the corner of St. Paul's church-yard , waiting for the Richmond stage - my handkerchief was safe in my pocket when I left home; I do not recollect using it afterwards - I did not feel it taken; Morgan told me it was gone - I felt and missed it; he had hold of the prisoner, and had it in his hand - I believe it to be mine from the pattern and wear; it has no initials.
GEORGE WILLIAM MORGAN . I am a constable of Portsoken ward. I was in St. Paul's church-yard about twenty minutes to six o'clock, and saw the prisoner and another one with him - I had seen them together a little time before this happened; they stopped at Harris' window, then went to Ludgate-hill - I went and stopped at the window myself; they came back - the prisoner put his hand into the prosecutor's left hand pocket; there was nothing there - he then made a motion to his companion, who put his hand into the prosecutor's right hand pocket, and pulled the handkerchief a little way out; then the prisoner put his apron up, and they took it quite out between them; I called to the prosecutor and caught hold of the prisoner; he dropped the handkerchief from his apron - I caught hold of the other, but he got away; Mr. Billett owned the handkerchief.
Prisoner. It is most all false that he has said.
MR. BILLETT. The handkerchief corresponds in pattern and appearance with mine.
Prisoner's Defence. Is there not more handkerchiefs than one alike? I was passing this picture-shop and saw a mob looking at the books and things, and had not been
GUILTY Aged 18. - Transported for Life .
The particulars of this case were the same as in page 483. The receipt given by the prisoner for 14s. 4d. was mislaid.
NOT GUILTY .
Third Middlesex Jury. - Before Mr. Common Sergeant.
1188. CHARLOTTE AMBROSE was indicted for feloniously receiving, on the 13th of February , 2 bags. value 1s., and 1 bushel of turnips, value 2s., the goods of Richard Laycock , she well knowing them to have been stolen .
CHARLES HORTON PULLEY. I am a solicitor, and live at Hackney. On the 13th of February, about a five o'clock in the evening, I was passing through Dalston-lane - I met the prosecutor's carts of turnips returning from Plaistow towards Islington; as I passed Bishop, one of the carters, I saw him adjusting a large bag of turnips on the hind part of the shafts - I turned back to see what he meant to do with them; I then lost sight of him through a sharp turning in the road - I went towards the prisoner's house, which is just at the corner; when I got within a few yards of it Wood, another carter, stepped from the side of his cart into the prisoner's house - I followed him; he was not in the shop, which is a baker's, and I went on into the bake-house - I there found Bishop and Wood; Bishop had emptied out some turnips on the floor, and was returning with his empty bag, and wood was on his knees emptying his bag - I told them to take them up, and return them to the bags, which, with some persuasion, they did; I put them in a hackney coach, and gave them in charge - I returned to the prisoner's house with three officers; we knocked at the door, which was fastened - there seemed to be some persons inside in a great confusion; the prisoner came to the door, and returned back - I knocked again violently, and sent an officer round the back way; the door was then opened, and I went into the back-house; under the dresser there was a large quantity of the same sort of turnips, with a board in front to keep them up - they had not been shot out at that time, as I had noticed them when I was there before, but when we returned some of the top ones had been taken away, as the surface had been dry before, and now it was moist - in a grain-bin, in the back premises, we found some turnips; we gathered them up, and they were taken away with those in the bake-house - there were about three sacks altogether; when I first went through the shop the prisoner was behind the counter - I did not see her husband at all; she was alarmed, and appeared distressed.
Cross-examined by MR. PRENDERGAST. Q. You knew this to be her husband's house? A. Yes, he lives with her - I should think about the same quantity of turnips had been taken from the heap that was found in the bin; I believe they put them there to feed cows.
COURT. Q. What length of time elapsed between your first and second going in? A. Perhaps a quarter of an hour - I went up to Hackney, and back again directly.
THOMAS CROUCH . I am foreman to Mr. Laycock. On the 13th of February I went with the carts; we were coming from Essex - I missed Bishop and Wood at Dalston-rise; there were nine teams in all; I rode back, but could not find the men - I could not detain the teams on the road - I drove them home, and on examining I missed one bag from Bishop's and one bag from Wood's team - I then heard the men were in the watch-house; these are the nose-bags; I can particularly swear to this one - it belonged to Wood's team; the other I cannot swear to, but it is the same as our bags are.
Cross-examined. Q. Will you venture to swear that is the bag that Wood had that morning? A. Yes - I saw it filled that morning; each man has his own bag.
COURT. Q. When did you see it again? A. On that day with the turnips it it, and on the Monday.
JURY. Q. Do you notice the particular bag of each carter? A. Yes, and if any other man had taken this I should have known it in a moment.
RICHARD LAYCOCK. I am the proprietor of the turnips - I know nothing of this circumstance.
Cross-examined. Q. I believe these men said they had a right to them as perquisites? A. Yes, they said so.
HENRY HARRINGTON . I am superintendent of the Hackney watch. I received the two men in charge, at half-past five o'clock in the afternoon - I then went to the prisoner's house, and found the door fastened; I got in the back way - these are the two bags which I received with the two men; I found forty or fifty turnips in the bin - I saw those under the dresser in the bake-house; I asked the prisoner how she came by them - before she had time to speak, her niece said she had purchased them during the absence of her aunt, and given 4s. for them; the prisoner said she supposed they were brought in to play her a trick to poison her cows, as she had had some pigs or cows poisoned before, and she cautioned the girl to purchase no more turnips during her absence.
Cross-examined. Q. That niece was there? A. Yes; I should think she was twenty-three or twenty-four years old.
JOSEPH D - . I was there, and asked the prisoner how she managed to get these turnips: she said her niece bought them during her absence, and gave 4s. for them - this was a little after six o'clock.
Cross-examined. Q. Did you hear the niece say so? A. No. - the prisoner went to the office, and went away; she has surrendered to-day - I had a warrant, but could not find her.
NOT GUILTY . (See 4th Session. p. 410.)
JAMES PATTERSON . On the 13th of May, about eleven o'clock in the morning, I was cleaning a table at my master's door, and saw the prisoner take the bellows from the door, and walk away with them - I could not leave, but I called to the prosecutor; I am sure he is the person - I saw him coming back with the officer, in about three quarters of an hour.
JOHN GRAVES . On the 13th of May, about eleven o'clock, I was in Whitecross-street - I saw the prisoner with the bellows under his arm, and in a minute or two he turned, and hit the person who had him in custody; I crossed over, and asked what was the matter - the other man said he had taken these bellows from somewhere in Old-street; he dropped the bellows, and I took them up -I took him and them to the prosecutor's shop, which was about three hundred yards from where I took him - he told me he took them for want of bread; I can find no account of him.(Property produced and sworn to.)
GUILTY . Aged 18. - Transported for Seven Years .
JANE EVELYN. I am the wife of Thomas Evelyn , who is a ship-keeper at St. Katharine's-dock. I went to carry my husband's dinner from my house in Broad-street, near the West India-docks - I had changed a sovereign, bought a new shirt, and had fifteen shillings; the money was in my pocket, and the shirt in my basket - I met the two prisoners, who said they were hungry, and I gave them 4d. to get a bit of bread; they wanted to spend it in gin - I said No, if they wanted a drop of beer they should have it; I then felt Coleman's hand in my pocket, and she took my money - I asked what she was doing; she said there was a piece of rag sticking out, and she wanted to put it in; I did not see Clark do any thing, but she was in her company - Coleman took the shirt, and they pawned it; this was just after we left the public-house - I got an officer, and gave them in charge; there was no money found on them, but they went and bought things for the child.
Cross-examined by MR. LEE. Q. What is your way of life? A. I get slop-work, or what I can - I never was in prison, or charged with felony, in my life; I was in prison for an assault - I had drank nothing but a pint of beer; I had no gin - they drank the gin themselves; I was perfectly sober - Clark was discharged, but taken again - I swear I had not quarrelled with the prisoners; I do not know Mr. Jones - I never told any one I would be d - d if I did not serve them out; I met Coleman coming along - she was not at her mother's selling fruit; I never said I did not know who it was that took the money. but if I could get 20s., I would not care about it - that I swear.
COURT. Q. You had them both taken up, and the Magistrate discharged Clark? A. No, they were both sent to prison.
GEORGE PHILLIPS . I am an officer. I took Clark on the 4th of May, on the complaint of the prosecutrix, because I understood she had been in company with Coleman - the prosecutrix came to me at half-past five o'clock, and gave the same account she has to-day; she knew Coleman by name, but not the other - she described their persons; Clark said she knew nothing of it, and very willingly went to find the prosecutrix - I went in the morning, but as I was a little too late Clark had been discharged; I had then found the prosecutrix, and went and took Clark again - the prosecutrix then said she had been robbed, and Clark was the person who was with Coleman; she had told me so before, but did not know her name; I took Clark to the Thames Police, and the next morning Coleman's mother came and spoke to Clark- I heard Clark say, "Perhaps, if she could have the money she would make it up;" the mother said she would go and see if she could find her - I thought if I followed the mother I should trace out Coleman; I went - she went into a house in Gravel-lane; I went in, and asked if Mrs. Coleman had come in - they denied it, but I went up stairs and found the mother and daughter; there was nothing found on her.
Coleman. That woman said at the office that she lost fifteen shillings; she stood godmother to my child - we all got intoxicated, and I took the watch from her for safety.
JANE EVELYN. I did stand godmother to her child the same day, and after we left the church I bought this shirt, and a seal for my husband's watch, for which I gave 6d. - they called for a quartern and a half of gin, and I paid 7d. for it; I had a pint of beer - I swear I was perfectly sober; we were not long with the priest, and he scolded her very much - we went between four and five o'clock with the child.
Coleman. I went with the prosecutrix to his shop.
COURT. Q. You did not tell the Magistrate you had been there? A. No, he did not ask.
NOT GUILTY .
MESSRS. ALLEY and LEE conducted the prosecution.
JOHN JONES . I am parish-clerk of Lewisham, in Kent. I have a register of the marriage of James Barnard , bachelor, and Sarah Jaques , on the 23rd of April, 1805, by Hugh Jones , curate, in the presence of John Thompson and Eliza Jones .
Cross-examined by MR. CLARKSON. Q. What way of life are you in? A. A sawyer; I was called on in April last to give information, and I went to Mr. Waite's, the attorney, to give information - I have not received any money nor any thing else, nor the promise of any thing but what the county allow; I lived at the corner of Great Eastcheap and Crooked-lane in 1805, and my mother lived at Chiselhurst - it was about five o'clock on the 12th of May, 1805, that I saw my brother in bed with the prisoner; I will swear it was in May - I cannot exactly say the day; about six months after his marriage was the last time I saw my brother, till March, 1820 - I never stated he was dead in the interim; I never got any thing by representing him as dead - I heard upon casualty that he was dead, but never heard he was drowned; I have never seen him since 1820 - he may be dead; I did not know John Thompson or Sarah Jones - I was not at the wedding, and do not know who was there.
MARY FIELD. I am married, and live at Chiselhurst. I had a son named James Barnard ; he and the prisoner came to my house on Whit-Tuesday, 1805 - they told me they were married, and they slept there together; I did not see them again till the summer following, when they again came and slept together - I received a letter, and a person of the name of Board called on me in consequence of it; the prisoner called on the Monday after I received it, and told me to appear if I was wanted, as she was going to prosecute Mr. Currey; she asked where my son was - I said I had not seen him for nine years; she then clapped her hands together, and said she was an undone woman; she did not offer me any money, but she said she would be my friend as long as I lived - I am confident I saw my son in March, 1820, because my daughter was confined at the time, and I took him up stairs to see her.
Cross-examined. Q. Do you know Mr. Nesbit? A. No; I never told any one I had not seen my son since 1805, because I have seen him later, and have had letters from him; I never told Mr. Wood so - I never told Mr. Neshit my son was drowned at sea twenty-two years ago.
MR. LEE. Q. Have you any letters? A. No, but I received several after 1805.
AUGUSTUS CESAR CURREY . I was a purser in the navy , and became acquainted with the prisoner in 1809; she passed as a widow - I married her at Newington Church , on the 13th of March, 1810 : I lived with her till the latter end of that year, when I went to sea - I returned in 1811, and left the prisoner in 1814, because she had been living in a bad manner; I saw her once or twice afterwards in the street, and in the country where I live, but I never lived with her - she called on me in the country in 1828, and said she understood I had become possessed of some property, and she insisted upon having a maintenance, or I should take her home; she went away the next day - I first heard in 1812 that her husband was alive, in a conversation between her sister and her; her sister came in, and said she had met James Barnard near the Royal Exchange - the prisoner said it could not be; there was no more notice taken of it; soon after she demanded a maintenance I received information, which has enabled me to prosecute.
Cross-examined. Q. Have you yourself married since? A. Yes, in 1819, at Islington; the person I married died in 1827; I do not recollect seeing the prisoner between 1819 and 1827 - I left her in 1814; I heard she had had a child - the child was with her; I did not appoint any meeting with her after 1819 - I called on her occasionally in Buckingham-street; I gave her money, but swear I did not receive any from her - she was keeping a bad house there I believe; I believe I stopped two days once, and slept with her, but this was not while my wife was alive, it was in 1828; I cannot tell where she lived in 1826 or 1827, or when she began to live in Buckingham-street - I believe it was in 1828.
Q. From 1814 to 1828 had you not been in correspondence with her, in connexion with her, and living with her? A. It might have been 1815 when I returned from sea - I am not certain; I did live with her for a fortnight in Apollo-court, Fleet-street - it is the same sort of house as the other; I have only lived with her there and a few nights in Buckingham-street - my mother has had some property left her, but I have not; I live on my half-pay - the prisoner took me to the Consistory Court in 1828, and recovered 40l. for a maintenance; I had paid part of it, and then I found out this - I was written to by a gentleman named Rowen, who is here.
MR. ALLEY. Q. Had you any connexion with the prisoner from which you could possibly infer the child was your's? A. No; I had left her three or four years before the child was born - when I first saw it, it was six or seven years old.
GEORGE AVIS. I am an officer. I took the prisoner in Middlesex.
Prisoner's Defence. I am innocent.
GUILTY . Aged 40. - Confined Ten Days
CORNWALLIS HEWETT , Esq., a surgeon, deposed that he had attended the deceased at St. George's-hospital till her death, which was not caused by external violence, but organic disease; the witnesses were consequently not examined.
NOT GUILTY .
MARY TIBBY . The prisoner called on me and got these loaves for Stevenson, who is a customer of mine; I do not know that she came on the 18th of April - she came several times and got several loaves from time to time, and stated herself to be Stevenson's servant.
GEORGE STEVENSON. The prisoner had been one week charwoman to me in January last, but was not in my service in April - I never sent her to get these loaves.
Prisoner. I was in great distress, out of a situation, and would not turn into the street; I took the bread in her name - I throw myself on your mercy.
GUILTY . Aged 18. - Transported for Seven Years .
THOMAS HENRY BULL . I am a tailor , and live in Strutton-ground, Westminster . The prisoner came to my shop repeatedly; he came about two o'clock last Tuesday - I was in the parlour and watched him; I saw him take this waistcoat, open his coat, and put it under his arm; I took him with it.
Prisoner. I cannot deny the charge - starvation and hunger were the cause of it. GUILTY.
The indictment further stated that the prisoner had been previously convicted of felony.
WILLIAM DUNFORD . I was present at the trial of the prisoner in this Court, on the 9th of April, 1829 - he was sentenced to six weeks' confinement in the House of Correction; I produce a certificate of his conviction.
GUILTY . Aged 58. - Transported for Life .
HANNAH SHEARMAN . I am the wife of James Shearman, a publican - we live at Dalston . On the 3rd of May I saw the prisoner take one rummer glass from a shelf and put it under his coat - I took it from him before he left the bar; he had denied having it - our pot-lad came in and I told him; he said he saw him going away; he took him, and found this other glass in his pocket.
Cross-examined by MR. LEE. Q. Had not the prisoner bought a pint of porter? A. Yes - he had not asked for a glass to drink it; I have two male and one female servant - I do not know whether he had asked either of them; this other glass was taken from him - I cannot swear to this; there is another public-house near us.
COURT. Q. Did you miss a glass? A. We missed five.
FREDERICK GLANVILLE . I went after the prisoner, and found him about forty yards off, with this glass in his coat pocket; I asked him for the glass which he took from the bar; he said, "I did not break one" - I said, "I did not say you had, I want the glass in your pocket;" he took it out and gave it me.
Cross-examined. Q. Was that on the road to Navarino-terrace? A. Yes - he did not say he borrowed it to share a pint of porter.
HANNAH SHEARMAN. He denied having our glass.
GUILTY . Aged 27. - Transported for Seven Years .
ARCHIBALD JEFFERSON. I am a seaman. I met the prisoner on the 27th of May, near the White Lion, Shadwell; I gave her a glass of spirits - she took me to a lodging, and I went to bed; I looked and saw a sovereign and nine shillings safe in my pocket - I put my clothes under my head, and in about a quarter of an hour, felt something fumbling about my head; I said "You have robbed me;" she said she had not, and told me to look in my pockets - I felt, and the money was gone; she flung out of the room - I called the Police, but she was gone before any one came; she was taken the next day - I had had a few pots of beer and some refreshment with four of my shipmate; I drank nothing with her.
Prisoner. Q. Was there not another female in company? A. Yes, at the public-house, but she did not go home - I am quite sure there was none there.
JURY. Q. Where was your money? A. The sovereign in my inside pocket on the left side, and the silver in my right-hand waistcoat pocket - I put it all correct under my head.
WILLIAM ROBINS . I took the prisoner in the White Lion public house on the following morning; she denied having any thing about her, but at the station she wished the prosecutor to go with her where they were the night before, and she would try to make the money up with him.
Prisoner. I treated him with liquor at the public-house - I met him; he asked me to go home, and gave me 3s. for the bed.
GUILTY (of stealing, but not from the person.) Aged 30.
Transported for Seven Years .
SELINA BARKER . I am the prosecutor's daughter. I was playing with my little brother in the parlour, and saw the prisoner with the jug in his hand, which had the money in it; there were some bills on top, and he took them out - this was between eleven and twelve o'clock, two days before I went to the Magistrate.
JOHN PEACOCK . I took the prisoner on the Saturday evening, and found on him 4s. 6d. in silver, and 8d. in copper - I said, "This is a serious charge; what have you to say?" he said, "What I have to say I shall say in another place;" I found some papers in his jacket pocket - I said,"I must take them;" he said I should not, but he gave them up - he acknowledged before the Magistrate that he took the money, thinking it was his own, as he had received 10l. a short time before. 5l. he paid his landlord, and the other 5l. he thought he must have hidden, and thought this was it - he said he had taken half a crown on the Friday, and as that was not asked for he thought it must be his, and on Saturday he took the remainder.
JAMES BARKER. He had paid me 5l. 2s. 6d. for board and lodging, but he owned me 7l. odd still - he received 10l., and spent the rest; I do not know whether my bills were in that jug.
SELINA BARKER. He saw me in the parlour - he was neither sober nor drunk; I did not tell him he was doing wrong - I did not know the money was in the jug.
NOT GUILTY .
JOHN PARTRIDGE. On the 1st of May I was in Wardour-street, Soho , between seven and eight o'clock in the evening, and lost a handkerchief from the top of some boots I had been purchasing - I felt a jerk, turned, and saw the prisoner, who let my handkerchief fall; I took it up, and secured him - I saw it fall from him as he was passing it behind him.
Cross-examined. Q. Where did it fall? A. Close at his feet; there was another person passing at my right-hand, but I saw the prisoner passing it behind him - it had been on my left side when the prisoner was close to me; I secured him, but did not take notice of the other, who walked off quick - it is most improbable that he could have robbed me.
GUILTY. Aged 14.
Recommended to Mercy by the Jury .
Transported for Seven Years .
WILLIAM JONES . I am shopman to William Hickson and William Hickson, Jun. - I have the care of their shop in High Holborn . The prisoner was in the habit of coming to scour out the shop on Thursday evenings, after it was shut, and I was in the habit of going out on those evenings - I know the whole of these shoes have been in my possession, and these two pairs are a sort we have had, but few of them have my marks on them; they all came from the bottom shelves in the shop - I know these two pairs were there on Thursday, and I missed them on Friday morning; some words took place between me and the young man there, who thought I had suspicions of him; I had twenty-eight pairs of them - twenty pairs I sent to the warehouse, six pairs I have, and these two pairs make up the number.
LEONARD CLARE MATTHEWS . I am a pawnbroker. -This pair of shoes were offered by the prisoner; I suspected they were stolen, from her giving me different addresses and evasive answers - I stopped her, and this other pair fell from her, with the name on them, which led me to the prosecutor's.
GUILTY . Aged 35. - Transported for Seven Years .
JAMES FAULKNER . I am owner of some houses in Paradise-row, Bethnal-green ; the house No. 17 is one. I missed the lead gutter from there last Thursday morning; I had seen it safe about a month before.
GEORGE ROBINSON . I am a Police-officer. I was near Paradise-row on the 22nd of May - I took the prisoner at the back of the house No. 16, behind the door, in a court leading to Bethnal-green-road, at half-past ten o'clock at night - this lead was close to where he was standing, but I found nothing on him; I found the sash-frame of the back kitchen broken, but could not find where the lead had been taken from, but on the next night I found fifteen tiles had been removed, and the lead cut away; - there had been as much more lead as this taken away; I saw the mark of some nails, which corresponded with this shoe, which was on the prisoner's foot - he was then in the watch-house - I asked him where his companion was; he said he had none.
NOT GUILTY .
WILLIAM WILTON . I keep a book-shop in Holborn . I had some books in a tray at my window - I received information, and went in pursuit of the prisoner, who was then about one hundred yards from my shop, and took this book from his breeches pocket - I had seen it safe a few minutes before.
Prisoner. I was walking leisurely along with this book, which I got two days befofre, in exchange for a pair of old
NICHOLAS MERRY . I was going along, and saw the prisoner put his hand up and take the book from inside the window; he put it into his breeches pocket, went up a court, and came down again - we went and took him with it.
Prisoner. He has told you a falsehood, for Mr. Wilton stopped me, and he was behind. Witness. No, I stopped him.
Prisoner's Defence. I deal in old shoes, and took the book in exchange for a pair; I wanted the Messiah for it, I went to the tray, and there was not one - I looked at his books, but it was not there; I then went down a court, and returned - the prosecutor came and said, "You have a book of mine;" I said, "You flurry me - I have nothing of yours; I have this book, which is my own."
MR. WILTON. He said he was a poor man, when I stopped him.
GUILTY . Aged 47. - Confined Three Months .
SECOND COUNT, like the first, only substituting the word wound for maim, &c.
MR. LEE conducted the prosecution.
ANN SUMPTON . I am fourteen years of age - my father is a cabinet-maker, and lives in Green-street , next door to the prosecutor's. On Sunday, the 25th of April, between five and six o'clock in the evening, I saw the prisoner take a knife out of his pocket, and cut this cow - there were two little girls with me; we were two yards from the prisoner - he had been there ten minutes or a quarter of an hour; he left, and ran up the court - I looked at the cow, and saw it bleed; there was one cut down the neck, and one between the horns - I told the prosecutor.
Cross-examined by MR. CLARKSON. Q. Did you know him before? A. No; I did not see the handle of the knife - I was on the same side of the way; he saw me talking with a little girl - he looked round, and then took out the penknife; the cow was in the cow-house, and its head towards the court; there are iron bars to keep it from getting out - I had not been there long; I saw the cow before I saw the prisoner - he was standing there; the cow bled very much on the neck - I did not see where it had been cut; I did not see any blood in the yard - I know where the cow stands, it has a rope round its neck; I did not see a nail in the shed near to the cow - I did not look to see if there was a nail; no knife was found on the prisoner - I went with the prisoner to the watch-house; he was taken directly.
ANN GODFREY . I live with my father, in Green-street, near the prosecutor's. On Sunday, the 25th of April, between five and six o'clock in the evening, I was talking with Sampton - I saw the prisoner take a knife out of his pocket, and cut the prosecutor's cow; he ran up the court, and I followed him - I saw him go into a public-house; when the prosecutor came, he said he had been cutting his cow - he said, "I have no knife;" he did not deny it.
Cross-examined. Q. He said nothing about a knife till the prosecutor said he had been cutting his cow? A. No; I stood at the door of the public-house, and saw him go in - I did not see him throw the knife away; I think I must have seen if he had - he was in the tap-room about ten minutes; I did not see him there.
Q. Did you see the handle of the knife? A. No, only the blade; it was a pen-knife - the cow was cut down the neck, between the horns; I had not been in that cow-house - the door was not open; it leads into Green-street - the door was bolted inside, but the prisoner put his hand through the bars - he did not speak to me.
WILLIAM DAVIS . I live in Green-street, Theobald's-road. On the 25th of April I had a cow, which I saw safe, half an hour before the witness called out that it was stabbed - it had no cut, or mark, or blood, on it before; there was no nail, or hook, or any thing in the cow-house - it is all iron bars, higher than the cow can reach; I went to the public-house, and found the prisoner in the tap-room - I got the officer, and we took him to the watch-house; we there charged him with it - he did not deny it, but said he had no knife.
Cross-examined. Q. Do you know any thing of the prisoner? A. No, I never saw him before; I cannot tell bow he came to do this - there was a good deal of blood; I washed the cuts, and sent for a cow-doctor - one cut was six inches long, and very deep; no part of the cowshed is wood but the roof, which the cow could not reach - there was no wood before the cow; the little girl said he was the man - I did not search him; I was in a flurry - I left him for ten minutes, while I got the Police-officer.
ROBERT SUMMERS . I am a cow-doctor. I was called by the prosecutor to see his cow, on the 26th of April - I found one cut, from six to eight inches, on the top of the neck, and one about an inch long, which was not through the skin; the wound on the top of the neck was very near the pith, but it was cut the wrong way for the pith - it was a cut, not a stab.
Cross-examined. Q. Then you did not see any blood? A. No, it was merely a scratch not half-way through the skin; it was done with something sharp - the cow was not injured, and did not require attendance; I was not sent for till Monday.
COURT. Q. Could it produce any considerable flow of blood? A. I should think not much - I dare say there was a little.
Cross-examined. Q. The cut was completely through the skin? A. Yes, except where the creases are - I do not know how it was; it was only half cut through on
NOT GUILTY .
Cross-examined by MR. LEE. Q. How do you know it? A. It is marked No. 87, which was put on it when it was made; I generally give orders for them to be made- the name of Trueman is on it; we have, I suppose, eighty or ninety bags - when they are worn out they are replaced by others; I do not know the prisoner.
JOSHUA BOUCHARD . I am a collector for the prosecutors. On the 12th of May I went to the Throwster's Arms, and received 30l. in copper - I put it in a 15l. bag, a 10l. bag, and this 5l. bag; I counted the copper, and sealed the bags up with this seal - I placed two bags on the shoulder of my assistant, who put them into the cart, and I put this 5l. bag in; I went back to write a cheque, and I heard a noise - I went out, and heard a woman-say, "I have a bag of money in my house;" I got on the step of the cart, and said, "I have lost a 5l. bag of copper" - I went into the woman's house, and got the bag of money; I did not see the prisoners.
MARY FAYE . I was standing in the middle of the room of my house, opposite the public-house - I saw Carney get up to the cart, take out the bag, and hand it to Bryant; Bryant came and threw it into the corner of my room, and said, "Let it be, you shall have part of it" - I said, "It shall not be here;" I went out, and told what I saw - I knew the prisoners very well; they both ran away at that time.
Cross-examined. Q. Were you on good terms with them? A. We never quarrelled; I knew them by sight- I never said to either of their mothers, "I have got them into a hobble, but if you will give me 20s., I will not appear;" they laid the money on the table, but I never received it.
Bryant. Q. Can you tell me you were in the room at the time I came in? A. Yes, I was in the middle of the room.
ROBERT PRENDERGRASS . I took Carney in Whitechapel on the 20th of May - Bryant was in the New Prison on a charge of felony; the witness told me their names, and described their persons, on the Monday following.
JOSHUA BOUCHARD re-examined. Q. Did Mrs. Faye tell you their names? A. She did afterwards - I did not ask her at the time; there were some persons assembled, and they said I had better go about my business, as I had got my money.
MARY FAYE re-examined. Q. Did you say if you got the money you would not appear? A. No - they have sent it me, but I never made use of it; I never made use of such a word - a man came to me at a public-house, and 10s. were put down, but I never touched a farthing.
Witness for the Defence.
COURT. Q. Why did she apply to you? A. She sent a man to the prisoner's wife to give her 2l. and she would not appear - this was in Rosemary-lane.
CARNEY - GUILTY . Aged 21.
BRYANT - GUILTY . Aged 18.
Transported for Seven Years .
WILLIAM PETRE . I am a shoemaker, in the employ of Joseph Horsnell , of Crawford-street . I have a pair of half-boots, which the prisoner took from my master's shop, between ten and eleven o'clock, on Thursday morning last - she untwisted them from the nail; she had been looking first at one window, and then at the other; some people came by; she let them go, then came back, took them, and walked away; I ran, and caught her in John-street - I asked where the boots were, and she said she had none; I was going back, but I felt under her apron, and they were there.(Property produced and sworn to.)
GUILTY . Aged 12. - Confined Ten Days .
1205. SARAH HARRISON was indicted for feloniously receiving, on the 9th of May , 2 sovereigns, and 2 half-sovereigns, the monies of Edmund Dowling , she well knowing the same to have been feloniously stolen .
EDMUND DOWLING. I am a grocer . I lost some money - the prisoner acted as char-woman at my house for nineteen or twenty months - the early part of the time she was in great distress, and the last few months in great affluence, which excited my suspicion; I have every reason to believe my property has supported her; I suppose my niece stole this property - she is fifteen years old.
JANE PENNYCAD . I am the prosecutor's niece. On the 9th of May I took two sovereigns and two half sovereigns, which I put into a piece of paper in my bosom - I took it from the till, and gave them to the prisoner's little girl, to give to her; George Afford was in the habit of coming down every night to ask after me, and told her to tell me to let him have some money towards furnishing a house - the prisoner knew I took it from my uncle's till.
Cross-examined by MR. LEE. Q. I believe you were a confidential servant? A. Yes - George Afford lives with Mr. Garrett, at the corner of King-street; the prisoner said he was going to marry me - the prisoner had been employed for two years at my uncle's; she did not live there - I did not tell the Magistrate that she did not know where I got it; I know her daughter gave her the money, because I asked her if Mary Ann gave her the money, and she said Yes.
NOT GUILTY .
SARAH HARRISON was again indicted for receiving, on the 20th of May , 1 half-crown, and 60 penny-pieces, the monies of Edmund Dowling , she well knowing them to have been stolen .
No evidence NOT GUILTY .
ELEANOR HOGAN. I am a widow , and live in Short's-gardens, Drury-lane . The prisoner was at my child's wake this day three weeks, and it will be three weeks tomorrow since my sheets were stolen - they were taken from a window-ledge; they were not clean - one of them was very much stained, and they were laid by to wash; the prisoner did not leave the house on the day of the funeral - she slept there till four o'clock on the Tuesday morning, when I went to market and left her there; the sheets were then safe.
MICHAEL HOGAN . I am the prosecutrix's son. My mother went out about six o'clock in the morning; I had seen the prisoner go out at four - she had nothing then but her own things; in about a quarter of an hour after my mother went out, the prisoner and Kelly burst open the door; Kelly asked where the sheets were - the prisoner said they were under the head of the bed; Kelly said, "No; here they are on the window-seat;" she put them on the table, and the prisoner took them off and went down stairs with them - I thought she was going to soak them; Kelly went away in ten minutes - the prisoner did not return.
ANN WILLIAMS . I lodge with the prosecutrix. The prisoner and Kelly went out early that morning, and after the prosecutrix was gone, the prisoner and Kelly came back - Kelly said the prosecutrix told her to wash the sheets, but her husband came and told her to go and get his breakfast - she said she came to wash the sheets; he then said she might stay; I saw Kelly take the sheets off the window, and while I was dressing one of the children. I heard the prisoner on the landing-place say, "I am going;" but I did not see any thing in her hand.
Prisoner. Q. Did we force the door open? A. It was pushed open while I was blowing the fire; I said,"Oh, my God!" I thought it was locked, but it was but a poor lock.
PHILIP RILEY. The prisoner came to my house, and said one of the sheets were pawned in Tottenham-court-road, and she had part of two quarterns of gin out of it.(Property produced and sworn to.)
Prisoner's Defence. I found they were looking for me, and gave myself up; I know nothing of it.
GUILTY . Aged 36. - Confined Three Months .
Prisoner's Defence. She persuaded my husband to send me home; she would hang me if she could - she is a bad wife to the father of nine children; they come to swear to get me away from my poor children.
GUILTY . Aged 38. - Confined Three Months .
MARY SANDER . I am the wife of Thomas Sander, a cooper - we live opposite Ann Ford . On Tuesday last I saw the prisoner come out of No. 12 with a hat in his hand, and the coat across his arm - he had a blue cap on his head; I had seen him before with a fur cap on - I went and told Mrs. Ford; we pursued, but lost sight of him - I saw the officer bring him out of Tabernacle-place with the things.
ANN FORD . I was in the house No. 12, where I lodge; Sander came and told me the lad had taken something; I looked, and missed a hat and coat which I had seen not five minutes before - we pursued the prisoner, but lost sight of him; when he was taken, he said he had bought them of a little boy for 5s. 6d.
GEORGE THACKHAM. This coat is mine; I had not seen it for about a fortnight before - I had left it at Ford's.
Prisoner's Defence. I gave 5s. 6d. for them to a boy dressed in blue.
GUILTY . Aged 16. - Transported for Seven Years .
1210. WILLIAM WEAVER was indicted for stealing, on the 19th of May , 1 bottle, value 9d., the goods of Peter Dace ; and 1 pair of shoes, value 1s. 6s., and 12ozs. of beef, value 4d., the goods of Thomas Whittle .
PETER DACE. I am a corn-chandler . I lost these things on the 19th of May, and found them in a stable which the prisoner had the care of for me; I asked him how they came there - he said he put the shoes there; he afterwards took the shoes out of the sitting-room, and I found them on his feet.
Prisoner's Defence. I was not in the room where these things were found - this young woman slept there; the shoes were found when I was out.
NOT GUILTY .
Thomas Wilson Wells .
THOMAS WILSON WELLS . I am a hand-rail manufacturer . I lost these articles on Sunday, the 2nd of May, from my premises, in Wood-street - the prisoner lodged with me; he was gone in the morning when I missed them - these are the tools.
ARNOLD STEAD . I have known the prisoner upwards of five years, and employed him to fit up a counter and some shelves in a shop - he asked me to let him leave these things for a few days, and these books were among them.
The prisoner put in a written Defence, stating that the prosecutor owed him wages amounting to 10l., and had lent him the tools in question.
THOMAS WILSON WELLS re-examined. Q. Did you owe him wages? A. No, nor tell him what he has stated - I never gave him leave to pawn my tools; I have known him do it in several instances, and when I was at Edmonton I know he took a bed quilt, but he told me of it, and I said I would say no more about it - I was three weeks in the Fleet-prison, in September last; he did work for me then, but I owe him nothing - I have not employed him since January, but he lodged in my house; I did not see him from the Sunday till the Thursday, when I was standing in New-street, Covent-garden; he passed me - I got a Police-man, and took him afterwards, when I found where he lodged; we had a quarrel some time before, because he locked my premises, and I could not get in.
NOT GUILTY .
JAMES MACKEY . I lost a pair of shoes on Tuesday last from on board a ship, in the City canal - the officer brought them to me with the prisoner; I had seen them safe half an hour before - the prisoner had come on board to look for a ship.
Prisoner's Defence. I went on board the ship, and asked one of the men for employment - he could not give me any - I took the shoes to buy bread.
GUILTY . Aged 21. - Confined One Month .
WILLIAM RUBERGALL . I am a salesman , at Covent-garden market . Last Saturday, about eight o'clock in the morning, I lost a sieve full of gooseberries off my stand - I took it off the prisoner's head at the corner of Russell-street; she said a woman asked her to carry it out of the market for her.
Prisoner. Q. Did you ever see me take any thing from your stand? A. Yes, several times, and have let you go.
Prisoner's Defence. I was coming down King's-street, and met a woman with this in her hand - I said,"They are very good ones, and I will have half a sieve;" I told him where the woman was.
GUILTY . Aged 36. - Confined One Month .
WILLIAM POWELL . I am a tailor , and live in Shoreditch . This coat was in my shop on the 20th of March, at half-past Seven o'clock, and when I wanted it at half-past eight, to send home to a gentleman, it was missing - I know nothing of the prisoner.
JOHN FERANDEZ . I am a printer. On the 20th of March I was coming from the house I lodge in, and the prisoner asked me to take this coat to Hall and Murray's, to pawn - I took it to my sister, who pawned it about nine o'clock that morning; I saw a coat of the same colour afterwards, but I could not swear to it - the prisoner had been an occasional customer at the public-house where I lodge.
MR. MURRAY. My young man received the coat in pawn; we received orders to attend at the Grand Jury, which we did, but the prosecutor was not there, and they discharged the bill - we did not think it necessary that my young man should attend again; we attended on Friday: we have not had another notice.
MR. POWELL. The pawnbrokers have done every thing they could to prevent this prosecution - I served them with three notices to attend, and when they knew I was not there, they attended, and got the bill thrown out.
NOT GUILTY .
MARY ANN BERGMAN . I am the wife of Frederick Bergman ; he is trumpeter in the 2nd Life Guards - we live in Park-place . On the 27th of May I was speaking to a woman in my room; it rained, and she went down stairs with me - she asked me what time it was; I went up to see, and the watch was then safe - the prisoner was then in the room with my husband; he bade my husband good afternoon, and went away - when I went up again the watch was gone.(Property produced and sworn to.)
ROBERT CURRIE . I am an officer. I went to the prisoner's lodgings on the 28th of May, at No. 2, Meard's-court, Piccadilly; I asked the prisoner if his name was Maplestone - he said No; I said, "From your appearance I think you are the man I want;" he said, "What do you want" - I said, "You are charged with robbing a trumpeter of the 2nd Life Guards, of his watch;" he denied all knowledge of it - I said he must go down to the barracks; as soon as the prosecutrix saw him she said he was
Prisoner. The prosecutor told me that if I would make it up, I might - the proof of pawning, is not a proof of taking it.
GUILTY . Aged 33. - Transported for Seven Years .
JAMES RALPH KENT. I am a tailor . On Wednesday last I went out between nine and ten o'clock, and left this coat safe - I returned home, and was at dinner; two officers came in and asked if I had lost a coat; I then missed it from the sideboard - this is it; it is a new one - it is my own make.
JOHN JAMES GUNNELL . I caught the prisoner in the Quadrant with this coat last Wednesday; I asked what he had - he said it was all right; I took him to the watch-house - he asked me to forgive him; I took him to Marlborough-street.
ELIZABETH KENT . I am the prosecutor's wife; he went out at a quarter-past nine o'clock in the morning; the prisoner came and asked for a person named Adams; I told him where he lived - I did not know that the coat was taken till the officer brought it.
Prisoner's Defence. I bought it of a man in the street for 15s.
GUILTY . Aged 22. - Transported for Seven Years .
WILLIAM HEADLAND . I am the son of Ann Maria Headland - she is a widow . On Wednesday I heard that these articles were lost - I had seen them safe on Monday; I know the prisoner had been at work as a charwoman on Tuesday.(Property produced and sworn to.)
JAMES ELLIS . I am an officer. I found these articles in the prisoner's lodging; she opened the door herself with a key - she said she knew nothing about them; she had been washing at the house the day before - they were in a closet, which was not locked, concealed in a Dutchoven.
Prisoner. I certainly did not take them; I went to the prosecutrix on Monday, and worked all day - I was there on Tuesday, and that lad, who is seventeen years of age, came and said, "Mother, give me 1d.;" I said, "I have not one" - I asked Whiffin to give him one; she said she had not one - the cook gave him one; he said he was going to buy bread with it - he said he was not going home, but to his place; I staid at the house till two o'clock in the morning.
JURY. Q. Was she often at your mistress' house? A. Yes, for nearly four years.
GUILTY . Aged 50. - Confined One Year .
WILLIAM DIXON. I am a carpenter . On Wednesday I was at a house at Camden-town ; the prisoner was at work there - I went into the drawing room at four o'clock instead of going to tea, and soon after I heard a noise in the parlour; I looked out of the window, and saw the prisoner going down a ladder, and go towards the Camden Arms - I missed the plane; I followed and took him just beyond the Camden Arms, with it under his jacket.
Prisoner's Defence. I had been making a box at home and took the plane to do it.
GUILTY . Aged 16. - Transported for Seven Years .
WILLIAM BUTCHER. These carpets are mine. I am a carpet-agent , and live in Great Marlborough-street - I know them by the pattern; this piece had been at our house on the 18th February - we never sell these; the prisoner was not in our employ.
JOHN NORRIS . I am an officer. The prisoner was brought to Lambeth-street office on the 17th of March - I found three duplicates on him, referring to the articles produced; he told me he had picked them up.
Prisoner. I know nothing of them - I had them to pawn for a man named Simpson.
GUILTY . Aged 21. - Transported for Seven Years .
Fourth Middlesex Jury. - Before Mr. Sergeant Arabin.
MESSRS. SCARLETT and ELLIS conducted the prosecution.
WILLIAM ROSE. I am a butcher , and live in Duke-street, Westminster. On the 10th of April I was introduced to the prisoner in Blackfriars-road, between seven and eight o'clock - we walked down Holland-street, into Green-walk; the person who introduced me said, "This is the man;" he said, "Very well" - he gave me a parcel containing some base half-crowns; on the 19th of April I met Goff and Myers, by appointment, at the Plough in Carey-street, between four and five o'clock -Goff searched me in the presence of Myers; I had nothing; Goff gave me sixteen good shillings - I went into Carey-street, saw the prisoner, and went with him into Grange-court , he there gave me a parcel, which he said contained two dozen tush, meaning had half-crowns; I know the word is so applied - I gave him the sixteen shillings for them; I returned to the officers at the Plough, and delivered the paper parcel to them which I had from the prisoner - I did not then know the contents of the parcel; Goff opened it - there were only two dozen in it; Goff gave them to me - I marked them and gave them back; the person who introduced me was present - I did not see the prisoner again till the 12th of May, when he was in custody; he looked round, saw me, and said he was dead beat - I saw Myers take him in Grange-court.
Cross-examined by MR. CLARKSON. Q. Who has accommodated you with those gentlemanly habiliments to come here? A. My own labour; I did not appear against Bishop - I was never convicted in my life; I have a brother - he does not go by the name of Bradbury of Pope; I never went by the name of Howard or Dunn - I have known Mr. Powell five or six years; I was employed in one case before, four or five years ago - I get nothing except my expences; I appeared against a person of the name of Phillips and another; I never was abroad - I do not know that I ever was at the Coach and Horses, Mutton-hill; I never had a case against me - Goff asked me to detect a man in selling bad coin; a man named Bill introduced me to the prisoner - I never saw Bill till the 8th of April; the officer brought him to me at the Angel - I do not know that his name is Brathwaite; I was never at the Mint with him - I do not know that I have a relation who has been transported: Goff was by when I bought the parcel of the prisoner - I suppose I was searched to see if I had any money; I have heard the word tush before - I heard Bill use it - I never used it; I have seen bad money in Whitechapel, and other places - I never was a smasher; I have in my hand a little book, in which I sometimes write - here is the prisoner's name, but nothing else respecting this; I would rather you did not look at it- Goff has known me ten or eleven years; he first knew me by taking a person for robbing my house - Bill was there when I bought the money, and when the prisoner was taken up; he then ran away.
GEORGE GOFF . I am an officer, and live in Union-street, Lambeth. I have known the witness several years; as far as I know he is a respectable man - I employed him to assist me in taking the prisoner; I contrived to have him introduced to him by a person named Bill - I went with Myers to the Plough, on the 19th of April; I saw Rose there, and gave him sixteen good shillings, after I had searched him to see that he had no other money; he left me - I went into Carey-street and watched him; the prisoner joined him - they went into Grange-court; I saw them in the court - the prisoner came out, and went towards Chancery-lane; Rose came to me - we went to the Plough, and he gave me this paper, which I have in my hand, with twenty-four bad half-crowns in it - he said there were twenty-six; I gave them to him to mark, and have had them ever since - a man named Simmonds was at the Plough on the 12th of May, when the prisoner was taken; I had given Simmonds 8s., to buy twelve half-crowns of the prisoner, but he was intercepted - when the prisoner was taken, a pocket-book, a knife, and some good money were found on him; I received from Lee at that time, four crowns and four half-crowns, which are counterfeit.
Cross-examined. Q. What Police do you belong to? A. I am a constable of Lambeth; a young man informed me that he knew a gang of coiners - he is a person in a respectable situation; I do not know that ever he was transported - he introduced Bill to me; I never gave them any thing; I will swear I do not know of their having any thing but the purchase money - I do not know that Bill has been in the Mint - Bill was present on the 19th of April, and on 12th of May; he is not here - I do not know where he lives; he did live near John-o'-Groats house, in the neighbourhood of Blackfriars-road - I have been there several times; I was there three weeks back -I did not take him before a Magistrate; I trusted to the witness - I sent for the witness because I knew him, and knew he was trustworthy; it is common to search persons, and I did not like to omit it - I went to the Mint, and saw Mr. Powell, about the 4th or 5th of April, a day or two after I received the information; I had seen Rose once before in the case of Lipman and Phillips, in 1825 - I do not recollect being present at the trial of a man of the name of Bishop, when a man of the name of Rose was a witness - I do not know a person named Bradbury; I know Pope - he was the man that robbed Rose, and he was tried and transported for seven years; that was the first I knew of Rose; he did not go by the name of Rose that I know of, nor Howard - Pope and Rose are not the same: Pope was a young fellow. I employed Rose because I knew he was offered a bribe and would not take it; I did not see the prisoner give Rose any thing - I passed the end of the court; Bill went into that court with the other two - I depended on Rose to give me what he received.
MR. SCARLETT. Q. Where was Pope convicted? A. At the Newington Session; Rose and his wife prosecuted- I believe Pope was a lodger of theirs: I found some of articles.
COURT. Q. When you sent Rose up Grange-court did you keep your eyes upon them? A. I passed the end of the court so as to see they were together - when they parted Bill went away, and Rose came to me.
RICHARD MYERS . I am a tobacconist. On the 19th of April I went with Goff to the Plough, in Carey-street -Lee went with us, and Simmonds, and a person named Kemble; Goff directed me to go to the bottom of Grange-court - I saw Rose searched by Goff; he had nothing -
Cross-examined. Q. How long have you been at this kind of work? A. Ten years; I have been parish constable and my time is up; Goff came and informed me of this - I went with him; I was not employed by any body - I went with Goff to the Mint, to tell them we had the bad money; we did not get any thing from the Mint, nor any where else; Bill was no acquaintance of mine - I have seen him since this was in hand; I did not know him before - Rose is a respectable man; I have known him a great many years - Bill was with Rose on the 19th of April, when he went to the prisoner; we did leave Bill and Rose together - they were gone about three minutes to buy the money; I do not know whether there was time for Bill to have given Rose this money - I was not present when they turned up the court.
RICHARD SIMMONDS . I am a labourer, and did work at a stone pottery. I was with Goff and Myers nt the Plough on the 12th of May; I was employed to deal with the prisoner for bad coin - I was searched, and received 8s. - I went into Carey-street, and saw the prisoner; we went into Grange-court, and he asked what I wanted - I said a dozen; he said, "What, a dozen tush?" I said Yes; he put his hand into his pocket, and counted them out - Myers came round the corner, and said, "Halloo! what have you got here? you are a wholesale dealer;" he took him while he was counting the half-crowns into his right hand - Myers took them; I do not know how many he had counted.
Cross-examined. Q. Where did you labour last? A. For Dalton and Watts, at Lambeth; they are potters - I swear I worked for them about a month ago; I am not acquainted with Rose or Bill - I knew Mr. Goff twelve years; I never did a job of this sort for him before - I did not know Bill but by name; Goff introduced me to him to make a purchase of the prisoner - Mr. Goff came to my house that morning, at No. 2, Sander's-street, Lambeth-walk - I do not know where Bill lodged; I met Myers, Rose Lee, and Bill at the public-house - when I went in we had something to drink: we drank there for about five minutes' Myers paid for it - I think Bill and Goff had some - Bill and I then went out, and went with the prisoner down Grange-court; Myers was at the top of the court - I should think he could see; the counterfeit coin came from the prisoner's pocket: as I hope to be saved, and upon the oath I have taken, it did not come from Bill's - I have not seen Bill since.
MR. JOHN FIELD. I am an inspector of coin at the Mint. These half-crowns are all counterfeit.
1220. THOMAS SHERRELL was indicted for feloniously putting off 12 counterfeit crown-pieces, at and for a lower rate and value than the same by their denomination did import, and were counterfeited for .
MESSRS. SCARLETT and ELLIS conducted the prosecution.
WILLIAM ROSE . I am a butcher , and live in Duke-street, Westminster; I have a private house there, and do business for other butchers. I saw the prisoner on the 8th of April - he was first introduced to me by Bill; I saw the prisoner again on the 5th of May - before that I had been searched by Goff and Myers at the Plough - I had no money on me; I then received sixteen shillings, and sixpence to get something to drink - I saw the prisoner between one and two o'clock in Carey-street; I said, "You are no good, because you deceived me before;" he said"Don't be cross - what will you give us to drink?" I said I did not mind, and we went to a house in Clare-market and had something - we then returned to Carey-street, and went into Grange-court ; I there purchased twelve crowns of him for the sixteen shillings, and a 5s. piece he gave me to make up for what he had given me short before - he said Kitty had done them up in a mistake; we then went to the Seven Stars - I opened the papers there, and it was right; I went to the Plough, and gave Goff the money - he gave it to me; I marked it, and gave it to him back.
Cross-examined by MR. CLARKSON. Q. You say Myers was by? A. Yes, Bill was with me when I received the money from the prisoner - Bill was a friend of the prisoner's, and of Goff; I received the money from the prisoner - no one saw it but Bill; I kept a butcher's shop for many years in Union-street, Lambeth - I have done business for Mr. Bartram, in Lock's-fields, and Mr. White, in the New-cut; I was not surprised when the officer came to me to do this - I considered I was doing my duty; I did not deny before the Magistrate that I had received the sixpence of Goff - I never told the Magistrate that I had received no money; Bill took me to the prisoner on that occasion.
GEORGE GOFF . I employed Rose to deal with the prisoner - I was with Myers and him at the Plough on the 5th of May; I gave Rose 16s., after searching him - he quitted me; I watched him into the street, and into Grange-court - he stopped there a short time, came out, and went to the Seven Stars, on the opposite side of the way; he said there twenty minutes or half an hour - I saw the prisoner meet him in the street; Bill went into the public-house with him - I saw the prisoner in there as I passed the window; Rose came to the Plough, and gave me this money, which he marked - I have had it ever since; Rose had no counterfeit money when he went out.
Cross-examined. Q. Who was the first person Rose went to when he left the Plough? A. To Bill - he went with him; I saw Bill give a signal to Rose - Bill is not a convicted utterer of bad coin; I do not know that he has been transported, nor do I believe it - I do not
RICHARD MYERS . On the 5th of May I was at the Plough - I saw Goff search Rose, and give him sixteen good shillings; I soon after saw Rose and the prisoner join, and go into Grange-court - I was at the Plough when Rose came back and brought this money; I was at the apprehension of the prisoner at his own place, in Plomtree-court - we went and found him there; the room was searched, and behind a tea-caddy I found a great number of skeleton keys - I went with Brand into the cellar, where we found a great quantity of money; we came up to the room, and asked the prisoner whose cellar it was - he said he knew nothing about it, but they had the use of it, and went there for water; we found some gloves in the room half-burnt, and some shapes for moulds and sand paper.
Cross-examined. Q. Did you see the transaction on the 5th of May? A. Yes, except when they turned into the court - I was not able to see what was done there, and I cannot tell whether Bill was with him all the time, as he left us in the court; Bill was introduced to me by another Bill, whose name I believe is Kemble - Bill and Rose were together when they left the Plough, and they went together to the prisoner's in Grange-court; Bill was a little behind - Rose said he had given the good money to the prisoner; we did not take the prisoner then, because we had others to take, and if we had apprehended him first, the others would have got off - the news would soon have flown; I have not tried to find Bill - I saw him, I suppose, a week ago: I did not tell him to come here; he might have come here if he chose.
WILLIAM BRAND . I am one of the marshalsmen of the City - I accompanied Goff and Myers to No. 21, Plumtree-court, to apprehend the prisoner, on the 12th of May - it is his dwelling-house; we searched the room on the ground floor, which he occupies - we found some leathers with metal stains on them, and some glass-paper; we found this iron - it may be used as a pair of tongs to take up metal, or for holding moulds; we found some coin in the cellar.
Cross-examined. Q. Do you know Bill? A. No, I I never heard of him till the evidence before the Magistrate - then the name of Bill was mentioned as an acquaintance of the prisoner's.
GUILTY . Aged 40. - Transported for Seven Years .
1221. HENRIETTA WILLIAMS was indicted for feloniously putting off, on the 8th of May, 12 counterfeit crown-pieces, at and for a lower rate and value than the same did by their denomination import and were counterfeited for .
MESSRS. SCARLETT and ELLIS conducted the prosecution.
WILLIAM ROSE . On the 8th of May I met Goff and Myers at the Plough - Goff searched me and gave me sixteen good shillings - I went with Bill and saw the prisoner, between ten and eleven o'clock, in Carey-street; we went into the Plough parlour - I asked what she had got; she said a dozen bulls, meaning 5s. pieces - I asked the price; she said I knew the price - she then took them out of her pocket in papers; I told her to undo them, as I had been deceived by one of her own party - she opened them, and told me to be careful as Tom was afraid to step out of doors, but she was not afraid while she was along with men, if they were men - I gave her the sixteen shillings, and came out of the house with her - we went a few yards, and then went back to the house; I gave the coin to Goff, which he gave me to mark, and I gave them to him again.
Cross-examined by MR. CLARKSON. Q. Where is Bill? A. I told you before I do not know - I have never been transported nor tried - I have known Bill from the 8th of April; I am very particular about what I do; I did this for the good of my King and country, and I would do so again - I have not received any money, except what I purchased with; I may have had a few halfpence to pay for beer - I have not been promised a farthing, that I will swear; Goff came to my house, and said he had information that there were persons selling bad coin, and asked me to assist in taking them.
RICHARD GOFF . I went on the 8th of May to the Plough with Myers - I gave Rose sixteen good shillings, which I had marked; he had no other money, good or bad - he then went into the street and met the prisoner in the court; I waited in the tap-room till Rose came to me - I saw them separate in the street - I had seen them talk together, and Rose came to me in a short time; I only lost sight of Rose while I shut the door; after he had parted with her only for a few seconds, Rose delivered me these twelve crowns - I have known him some time; I never heard any thing against his character.
Cross-examined. Q. But he was such a good character you searched him? A. That I did according to custom - there is no difficulty in getting respectable persons to be witnesses; I believe Bill would have come if I had asked him.
Cross-examined. Q. Rose was to act in the same manner as he did in the first case? A. Yes, and Bill was with him all the time - I took the prisoner in Plumtree-court with the last prisoner; she was living with him as his wife.
Prisoner's Defence. When Rose gave his evidence at Hatton-garden, he stated he gave me sixteen shillings, and afterwards said he had paid for two pots of half-and-half, and then said he never went out of Carey-street, but he did go round the market to show me a slaughter-house, which he said they could work through, to procure dead bodies.
GUILTY . Aged 26. - Transported for Seven Years .
Second Middlesex Jury - Before Mr. Sergeant Arabin.
JOHN ANDREWS . I live in Brill-row, Somers'-town , and am a leather-cutter - the prisoner had been about three months in my employ; he did not live in the house - I paid him weekly. Having reason to suspect all was not right, on the 27th of May, I marked two half-crowns, two shillings, and a sixpence, and sent them by my brother to Mr. Leach - I remained up stairs while Leach came to the shop and purchased some articles; I came down immediately he left, and told my brother to give me the money out of the till - I examined it, found two marked shillings and a sixpence in the till, and no more marked money; neither of the half-crowns were there -I sent for an officer, and the two half-crowns were found in the prisoner's pocket.
Cross-examined by MR. PHILLIPS. Q. The prisoner was very confidential with you? A. I liked him as a servant - I sometimes sent him to purchase articles; he did lend me 10l. about a week since, or rather more, to make up 100l. and odd, which was wanted immediately; that I returned him.
Q. Then you owe him nothing? A. Yes, a promissory note; he holds my promisory note for 70l. - he was in business for himself, and I bought articles of him which were not exactly saleable, and gave him this promissory note till I was able to sell them - this was about three months ago; he could not sell his goods, and came into my employ - when the note is presented I will pay it; I never asked him to enter into partnership with me - I know Mr. Jordan; I deal with him, and owe him about 400l. - the prisoner was in his service, but went into business for himself on leaving him; I sell mercery goods, and Jordan is in the mercery line - Jordan did not threaten to call in his debt, if I did not get rid of the prisoner - I knew the prisoner in Jordan's service; I cannot exactly say how long he was in business for himself, perhaps about three months - I did not apply to him to come to me; he came because he could not get a living in business.
Q. No doubt he got ready money for you for his goods then? A. Yes.
Q. Have you the audacity to swear that? A. I bought a few articles of him.
COURT. Q. What became of the goods you gave the promissory note for? A. I have the greater part of them now - I paid him ready money for little things when he was in business; he gave me this little assistance with his goods, because I am a poor man.
MR. PHILLIPS. Q. Did you not say you was ready to pay the promissory note? A. Immediately it is presented it shall be paid; if I have not got the money friends will assist me - there were several half-crowns found in the till; I did not count them.
THOMAS LEACH . I had two half-crowns, two shillings, and a sixpence, all marked; I went to the prosecutor's shop, and bought goods amounting to 17s. 6d. - I paid the marked money, and immediately left the shop; the prosecutor sent for me in a few minutes - I was not present when the prisoner was searched.
NOT GUILTY .
1223. CORNELIUS BUTT was indicted for stealing, on the 21st of April , 1 coat, value 2s., the goods of William Cotton ; 1 coat, value 15s., the goods of John Peters ; 1 hat, value 8s.; 1 handkerchief, value 6d.; 2 milk-cans, value 1s.; 2 cloths, value 6d., and 11s. in copper monies, the property of George Dowsett .
SAMUEL HATFIELD . I was a watchman of Islington. On the 21st of April, about a quarter to five o'clock in the morning, I saw the prisoner in Highbury-park, which is nearly two miles from the toll-gate - he was carrying a bundle; I asked what it contained - he said two coats; I asked him to open it, and found two coats - he said he had bought them of a man on the road; all the property stated in the indictment was found on him, and the key of the tollgate among it.
GEORGE DOWSETT. I am toll-taker at Islington-gate . On the 21st of April I fell asleep about a quarter past two o'clock, awoke a little before three, and directly missed all this property out of the toll-house - 11s. worth of copper was taken off the mantel-piece.(Property produced and sworn to.)
Prisoner's Defence. I was out of work, and met two young men, who asked me if I wanted to buy a bargain - they showed me two coats, and said I should have them for half a crown, which I gave them.
GUILTY . Aged 24. - Transported for Seven Years .
WILLIAM McDONALD . The sack belongs to our miller; I cannot swear to it nor to the bread - I have no mark on it; I saw four quarterns and two half-quarterns at the station; I lost three quarterns and three halves.
NOT GUILTY .
ELIZABETH DINGLEY . I had these things to take to Miss Smith: I met the prisoner in Tottenham-court-road -I have known her about sixteen years, but have not seen her latterly; she asked me to recommend her some work -I, of course, asked her to take part of a glass of gin, which she did, at a gin-shop at the corner of Goodge-street - I gave her my bundle to hold, and when I turned my head she was gone off with the bundle; I found her in custody next morning - I was not in liquor; I had a few words with my brother, and that made me give her the bundle to hold.(Property produced and sworn to.)
THOMAS RIDGE . I am a broker, and live in Cumberland-street, Middlesex-hospital. On the 26th of April, between eight and nine o'clock, the prisoner came to my shop, and offered a quantity of linen for sale; I told her to take them away - she refused to leave the shop several times, and said if I would not have them the pawnbrokers should; she was quite drunk - I followed her from my shop to Charlotte-street, Fitzroy-square, when I met a Police-man, and gave her into custody; he is too ill to come here - she said if I would give her money for refreshment or to get a lodging, she would come for the things next day.
The prisoner put in a written Defence, representing that the prosecutrix had left her in care of the bundle and left the house so that she could not return it to her; she then went to leave them in the witness care.
GUILTY . Aged 31. - Confined Six Weeks .
Before Mr. Baron Vaughan.
MR. ADOLPHUS conducted the prosecution.
EDWARD BRAMSDEN. I am steward to the Marquis of Bath, whose town residence is No. 6, Grosvenor-square . The prisoner was in his service for one year and a quarter as footman , and one year as under-butler; he left on the 16th of April - Henry Hare succeeded him; the plate was kept in a strong stone closet in the pantry - the pantry door opens with a secret spring and a bolt; any body acquainted with that spring could open it - the prisoner was well acquainted with it; this plate was missed on the 22nd of April, five days after he left; I had seen him come into the house about seven o'clock in the evening of the 21st - I had a conversation with him; he did not say what he came for - he passed by the passage which leads from the porter's-hall; that is up stairs, the pantry is down stairs; I only saw him for a moment - he was alone. I assisted in searching his lodgings, but found not a vestige of the plate there.
Cross-examined by MR. ALLEY. Q. He was at the house on the 21st? A. Yes; he was below - the plate was not missed till next day; Lord Henry Thyon 's valet had written to me for an assistant, and I gave the prisoner a card, recommending him there - he was apprehended at work there on the 23rd; he had been hired there for a week; Lord Thynn lives at Rochampton, about eight miles from town; I should not have recommended him if I had not a good opinion of him.
COURT. Q. What was the cause of his leaving? A. He gave me notice.
MR. ADOLPHUS. Q. He bore an honest character, and you recommended him to Lord Thynn? A. Yes; I had received a very good character of him from Lady Westmeath.
JOHN BAGWELL . I am porter to Lord Bath. I let the prisoner in at the front door a little before seven o'clock in the evening before the plate was missed; the area gate was locked at that time, and I had the key - he went down stairs, came up, and spoke to the steward very soon afterwards; the plate was kept down in the pantry, where all the servants apartments are; he went down again in ten minutes or a quarter of an hour - he came up again about eight o'clock, or it might be a little after; he was down stairs perhaps three quarters of an hour, but from the confusion I was in I cannot say, for Lady Bath was very ill, and I had so many inquiries to answer; she died soon after - he said he had heard about a situation at Lady Malmsbury's, and was going to decline it; that is all the conversation I had with him - he went out about that situation, and came back in about a quarter of an hour; he said he would not go, but should give it up, and take his chance - this was about half-past eight o'clock; he the staid till near half-past nine - he remained with me in the porter's hall all that time; I was busy, and he sat very quietly in my chair - I thought he was asleep.
Cross-examined. Q. Did you see him go away the the last time? A. Yes, I let him out; he had sat in my chair all the time - there were a vast number of inquiries at the door while her Ladyship was ill; sometimes we had gentlemen and servants to the amount of two hundred in a day - he declined going to Lady Malmsbury's, as it did not suit him.
MR. ADOLPHUS. Q. Had the two hundred persons who called any thing to do with the area gate? A. Nothing; the area gate was locked at five o'clock, and the key in my possession - that was the custom of the house.
COURT. Q. Was the key hanging up, or in your pocket? A. It hung up - I was never out of the hall; he could not have taken it without my knowledge: the area gate and hall door are the only entrances - the pantry is nearly in the centre of the house; I was confused, as I had to take the names of the persons calling, and enter them in a book - nobody was let in but by me - I know the servants had no visitors that night.
WILLIAM FREEMAN . I am boy in the steward's room at the Marquis'. On the 21st of April, about seven o'clock at night, I saw the prisoner in the pantry in which the plate-closet is - nobody else was there; that was where he used to be when he was under-butler - I was merely going by the pantry, and saw him there; he was standing with his back to the fire, with a card in his hand: I saw him again in a quarter of an hour or twenty minutes, coming in a direction from the area - he went into the pantry again; I did not speak to him - I saw him up in the hall rather better than half an hour after, when dinner was over; I saw no more of him - I had no conversation with him, except asking how he was.
Cross-examined. Q. There are a great many servants in his Lordship's house? A. Yes; they were waiting at
MR. ADOLPHUS. Q. Dinner was on table when you saw him in the pantry? A. The first time I saw him, it was just going up, the servants are then very busy.
HENRY HARE . I am under-butler to the Marquis of Bath. On the 21st of April, after seven o'clock, I saw the prisoner on the landing of the stairs leading from the servants' apartments to the porter's hall; I had put the plate into the strong-closet on the afternoon of that day; but that which has been stolen I had cleaned, and put into the closet on the morning of the 21st, and on the 22nd, in the evening, I missed sixty-one silver plates from the strong-closet in the pantry - none of them had been used at dinner on the 21st.
COURT. Q. Were they so placed that a person going to the closet would necessarily see them? A. It is rather a dark place - unless a person goes in to put something by them, or on purpose to look for them, he might not see them; they had not been taken out for the use of the family - I saw the prisoner again about half-past seven o'clock, coming in a direction for the area door; Freeman was in the dining-room at that time.
Cross-examined by MR. PHILLIPS. Q. You have succeeded to the prisoner's situation? A. Yes; I am accountable for the plate - I have lived fourteen months with the Marquis, and four years in this country: I was with Lord Ravensworth before I went to the Marquis - I am a Scotchman; I cleaned the plate on the Tuesday morning, between eleven and twelve o'clock, and put it into the strong-room - it was missed on Thursday evening; I saw it safe on the Tuesday night, but not on Wednesday; there was nobody in the strong-room on Wednesday - I was going from the pantry to the dining-room; the strong-room is kept locked, and so is the pantry - the key was left in the pantry door; it was the custom to do so, but there was a private spring on the pantry door, which no stranger could open; I was about an hour laying the dinner cloth, but was up and down continually during that time - I was about an hour attending at dinner, up and down; I might be up stairs ten minutes or a quarter of an hour without going down.
Q. How then can you say nobody could have gone into the strong-room? A. There was nobody down stairs but the prisoner and the maid-servants; I saw him at one time when I came down - I cannot say a stranger might not have gone down.
Q. Of course the blame of losing the plate rests on you. and you will be glad to throw it on any body else? A. Any body I should suspect.
MR. ADOLPHUS. Q. Did you steal the plate, or know who did it? A. No; the male servants were waiting at dinner - when the area gate is locked there is no way to the house but through the front door; the strong-room is large enough for a person to go into, and turn himself round - it is stone, and the door iron.
COURT. Q. Which of the servants have business in the pantry? A. I, and the footman who comes in after dinner, and assists to wipe up the things; it is my business to put plate away; I leave it in the pantry at night, and lock it up in the morning - the pantry door was fastened with a secret spring; the servants' hall, the kitchen, and pantry all have doors.
MR. ADOLPHUS. Q. You succeeded the prisoner fifteen months ago? A. Yes - I never quarrelled with him; I did not know him till I came into the service.
COURT. Q. Had he visited there daily from the time he left? A. No.
EBENEZER THURGOOD . I am baker in the Marquis' establishment. On the 21st of April, at half-past nine o'clock at night, I saw a man outside the area gate, feeling the lock - I did not know him; I told the steward of it.
Cross-examined by MR. ALLEY. Q. How soon did you tell the steward? A. About an hour after; the prisoner was not the man - he was dressed in a brown surtout coat; he was a perfect stranger.
JOHN ASHWELL . I am coachman to Dr. Warren. On the 21st of April I was on the box of the coach just opposite the Maquis' area gate, which was on my right hand, about ten o'clock, or a little after; I had set Dr. Warren down at the house, and did not move away - I saw a man stoop down, lift something in a cloth over the area gate, and go away with it; it was inside the area, and the man was outside - I did not see any one inside the area; I did not see what was in the cloth, but thought I heard a slight jink just as it came over the gate - it was the sound of plate or metal I should suppose.
Cross-examined by MR. ALLEY. Q. This was at ten o'clock or after? A. Yes - the man was not so stout as the prisoner; I think it was not the prisoner.
COURT. Q. Had you known the prisoner before? A. No - I think the man was not so tall nor so stout as him; Dr. Warren was attending at the house - I had just set him down, and my carriage was close to the gate.
SUSAN COX . I am housemaid to the Marquis - I saw the prisoner in the pantry about half-past seven o'clock on the night of the 21st of April; there was nobody else there - dinner had gone up; I left him in the pantry, and did not see him again - I saw nobody in the house that night, that did not belong to the family; I had before that seen the prisoner in the laundry, which leads into the passage where the pantry door is - it is not far from the pantry.
Cross-examined by MR. PHILLIPS. Q. Was there any thing to prevent any of the servants going into the pantry? A. No - he took a card from his pocket, and was looking at it.
MR. ADOLPHUS. Q. Had you seen the pantry door open before you saw him in it? A. No - all the servants are acquainted with the secret spring.
COURT. Q. Is it usual to keep the pantry door open at dinner time? A. It is usual to keep it shut - I did not notice the door before I saw him there.
HENRY THOMPSON . I keep a public-house in Duke-street, Grosvenor-square. I passed the Marquis of Bath's house on the 21st of April about ten o'clock at night, and saw a person pick up a parcel from outside the area and walk away with it - it appeared to be done up in a white cloth; I could not judge what was in it; I know the prisoner, and believe he was not the person.
Cross-examined by MR. ALLEY. Q. Do you know what sort of a parcel sixty-one silver plates would make, would it not be very heavy and large? A. Yes - it was not large enough to contain sixty-one plates.
MR. ADOLPHUS. Q. Could they not be put into two or three parcels? A. No doubt - I have known the prisoner three years.
RICHARD GARDNER . I am a Police-officer. I searched the prisoner's lodging on the 23rd of April, between seven and eight o'clock in the morning, but found no plate there; he lives in Adam-street East, Manchester-square.
Cross-examined by MR. ALLEY. Q. He was not at home? A. No - I went to Lord Thyun's and found him.
Prisoner's Defence. I merely went there for a bottle of beer, which I had left there.
JURY. Q. Is it customary for the servants' visitors to stop in the pantry? A. They are never allowed to remain in the pantry; no stranger is allowed there, except they have business, and somebody would be with them.
NOT GUILTY .
SARAH ALLEN PATMORE . I live in Adam-street, Manchester-square. The prisoner lodged with me - his wife is still with me; Gardner came to my house - I showed him the prisoner's room, and saw him go into it.
RICHARD GARDNER . I am an officer. On Friday, the 28th of April, I went to the prisoner's lodgings, which Patmore pointed out - a woman was there who said she was the prisoner's wife: I saw a great many glasses on the sideboard, and seized six, in consequence of what the steward said - I afterwards went with the steward to Lord Henry Thynne's at Roehampton, and apprehended the prisoner; I told him I took him on suspicion of stealing the Marquis of Bath's plate and also some glasses - nothing was said to induce him to confess; I cantioned him to say nothing to me that might hurt him hereafter - he said he knew nothing about the plate, and that he had bought the glasses; he mentioned some place, and said his wife bought some of them - we came to town in my chaise; the steward and him were in conversation, and I heard him say to the steward, "If I must tell you, I did take a part of the glass;" in consequence of that I again went to his lodging, and brought away in all thirty-six glasses - I left about a dozen plain ones behind; there are seven different patterns here.
Cross-examined by MR. ALLEY. Q. Did you hear all the conversation between him and the steward? A. Not the beginning of it, but to the best of my recollection the steward told him the maker could swear to the glasses - his wife was at home when I took away the six; I left her there, returned in the evening, and still found the rest on the sideboard.
MR. ADOLPHUS. Q. You had him in custody all the time? A. Yes - I did not tell his wife I was going to apprehend him.
EDWARD BRAMSDEN . I am steward to the Marquis of Bath. While the prisoner lived there I missed glass several times, once in particular from Longleat - on the 23rd of May, as I came from Roehampton in the chaise with the prisoner, I did not make him any promise or threat; I told him these were Lord Bath's glasses - he said they were not; I said I was quite positive of it, and that Mr. Beaumont could swear to part of them (he had not furnished them all;) he then said,
"I did take part of them" - these are such glasses as were in the Marquis' possession, and to the best of my belief, every one of them are his; they are exactly the sort of glass I missed.
Cross-examined by MR. ALLEY. Q. Did you not tell him he had better admit the fact to you? A. Nothing of the kind - our coachman tells me he has visited the prisoner once; he told me where he lived - I do not suppose he would know the glasses if he saw them; he never waited at table - when the officer brought the six away, I told the prisoner's wife that every glass belonged to the Marquis, to the best of my belief, and she said her husband bought them; I brought away one of each pattern; part of them were bought of Mr. Brumsley, and part of Mr. Naylor - they were made to my order by an exact pattern, which I have kept for the last eleven years; I always furnish a pattern to have them made by, except this one, which is quite a new pattern in his Lordship's stock - here is one pattern I never saw any where else; these two goblets are Mr. Brumsley's pattern.
MR. ADOLPHUS. Q. You brought away one of each? A. Yes: here are two large goblets, four of these, six of another, and six of each pattern wine glasses; they are the exact pattern we use - I give out the glass.
MR. ALLEY. Q. Are you not forced to keep up the stock of glass at your own expence? A. No; I never paid for a glass; the servants are never called on to pay for broken glasses - there is not an allowance made for it; I would not live in such a family - when I want glass his Lordship desires me to get it, and he pays for it.
THOMAS BRUMSLEY . I am a glass-dealer, and live in St. James'-street. I supplied the Marquis of Bath with some glass; here is one pattern of goblets of which he had two dozen, on the 26th of March, 1829; and on the 11th of July four dozen goblets similar to this pattern - I had sold the pattern before; there are no more patterns which I can identify - I sell wine-glasses, such as these, but did not supply them to my knowledge.
Cross-examined. Q. These are not a new pattern? A. No; I supply many noblemen, and have sold a great many of this pattern - I can swear these came out of my shop, but not that I sold them to the Marquis of Bath.
MR. ADOLPHUS. Q. You sold the Marquis two dozen of one, and forty of the other? A. Yes - I never sold the Marquis such glasses before; these cut tumblers are about 30s. a dozen, and the goblets 36s. - one pattern of wines 18s., and the other 20s.
MR. PHILLIPS to MRS. PATMORE. Q. What floor did they lodge in? A. The first - I have gone in and out of their apartment, and so have their friends; I do not recollect Lord Bath's coachman coming to see them - these glasses were always on the sideboard.
MR. ADOLPHUS. Q. How long had they lodged with you? A. From the 6th of March - they had only one room, at 5s. a week, and furnished it themselves; the sideboard is a shelf in a recess by the fire-place - they slept and lived in one room; I did not observe whether the glasses increased or diminished after they came - I was not often in the room; they brought the rent down to me generally.
JOHN SAWYER . I live at Kennington - I am not in business, I was in service; I was in the brokery line in the New-cut about six months ago, (about Christmas,) and sold the prisoner some glass of this kind, to the best of my knowledge (looking at a tumbler) - I cannot say how many I sold him - I think I sold him glasses like these two wines.
COURT. Q. You have now fixed on three patterns - take one; how many did you sell him of that description? A. I cannot say - I keep no books; I was only employed as a servant - there is no mark on the glasses; they are patterns I was in the habit of selling, and had generally in the house.
MR. ADOLPHUS. Q. In what line are you now? A. In the book line - I live in Clayton-street, Kennington; I buy books at sales, and sell them - I keep no shop; I was servant to a broker nine months ago - his name was Laurence; he lives in the New-cut now - he knew of my selling these glasses; he is not here - I left him at Christmas - I was in his service nine months ago, and left him six months ago - I had been in his service three years.
Q. Then what do you mean by being his servant nine months ago? A. I was his servant for three years, up to about six months - I left about Christmas; there has been no glass like this brought to me since this inquiry - I was not before the Magistrate.
Q. How did you know you could swear to any glass to-day? A. I was subpoenaed to attend, and speak to glass which I sold him; I could tell the pattern of every sort of glass I have sold for these twelve months - we sold a great many; we bought them of the maker; these large ones were bought of a man named Lazarus - we bought glass of that pattern of him, and the same quality; he lives in Houndsditch - we used to give about 2s. 6d. a pair - I sold them for 3s. 6d. a pair; I am not acquainted with the prisoner - they found me out by going to Mr. Lazarus to enquire for his servant; they did not know my name - I sold him glasses three or four times, but how many I cannot tell.
MR. ALLEY. Q. It was not Lazarus but you that sold the glass? A. No.
NATHANIEL SELKIRK . I am a glass manufacturer, and have been in the trade three or four years - I have sold goblets of this description; these patterns are to be found any where - I do not recollect having seen the prisoner or his wife.
MR. ADOLPHUS, Q. Take that goblet up - what are they worth? A. I should be glad to take for such as these 2s. 6d. a piece, that is 30s. a dozen; and these small cut tumblers I would sell at 16d. each.
Prisoner. I did not say what the witness states - I said if they were theirs they must be theirs.
GUILTY . Aged 30. - Transported for Fourteen Years .
The indictment further stated that the prisoner had been previously convicted of felony, but no evidence was offered on that point.
Before Mr. Baron Vaughan.
NOT GUILTY .
Before Mr. Recorder.
1229. ANN CARLTON and MARY DOCKERTY were indicted for feloniously assaulting Elizabeth Archer , on the 23rd of May , putting her in fear, and taking from her person, and against her will, I half-handkerchief, value 1s., her property ; and MARY ANN BURKE was indicted for feloniously receiving the same, knowing it to have been stolen .
ELIZABETH ARCHER . I am an unfortunate girl, and live in Cow-heel-alley - I had been in London about a fortnight. On Sunday morning, the 23rd of May, between seven and eight o'clock, the three prisoners met me - they were strangers before; they are in the same unfortunate situation as myself - they stopped me, and asked for some gin; I said I had no money - they said they would have some; Carlton and Dockerty said they would take my handkerchief off my neck, to get the gin with - Burke said, "Don't take the handkerchief - if she has not got money she cannot give us any gin;" Burke then went down Cow-heel-alley , and left them - Carlton used some very indecent language, and struck me in the mouth; Dockerty cried out, "Take it, take it - we will have some gin" - they struck me in the mouth, and took my handkerchief, which was tied round my neck; I went into Golden-lane to look for an officer, but found none -Burke and Dockerty lived in the same alley as I do; I met them again a little after eight o'clock - they used me very ill; Atterwell, the officer, came up, and asked what was the matter - I told him they had taken my handkerchief, and he ran after them; they were taken that day -I understood them to insist on having the gin because I had not paid my footing.
JOHN ATTERWELL . I am an headborough of St. Luke's. About eight o'clock on Sunday morning, the 23rd of May, I was coming up Golden-lane, and saw a crowd at Cow-heel-alley; I went up, and saw Archer crying and bleeding at the mouth; she complained of having been ill-treated, and her handkerchief taken off her neck; she went with me, and pointed out the prisoners running down the lane - I followed, and lost them in Playhouse-yard; I took Dockerty in half an hour, and in half an hour afterwards I took Carlton at her mother's - she said they were the girls; Carlton told me at the station-house that she had not got the handkerchief, for a girl named Burke had it - I went to Burke, found her in bed, and the handkerchief in her room.
Carlton put in a written Defence, stating that they had quarrelled with the prosecutrix, and the handkerchief had come off her neck and was picked up by the other girls.
NOT GUILTY .
Third Middlesex Jury - Before Mr. Recorder.
1230. ALEXANDER COCHRANE , THOMAS STE-PHENS , and GEORGE BANKS were indicted for feloniously assaulting Benjamin Curtis , on the King's highway, on the 29th of April , putting him in fear, and taking from his person, and against his will, I pocket-book, value 3d., and three 5l. Bank notes, his property .
The prosecutor did not appear. NOT GUILTY .
PETER MARSHALL was indicted for stealing, on the 19th of March , various drugs, ointments, &c., value 6l. , the goods of John Smith .
MR. ADOLPHUS conducted the prosecution.
JOHN SMITH. I am a surgeon . I purchased the business of Mr. Sutherland, at No.47, Gerrard-street, Soho . -This bond (looking at it) was delivered to me on the occasion; I entered into possession of the goods on the 16th of March - Mr. Sutherland remained in the house some time; I gave him an invitation to remain there, with a friend of his as long as he thought convenient - the prisoner had been in his service, and about half an hour after I took possession I had him brought into the parlour, and asked if he was willing to become my assistant; he said he thought it was to be a partnership business between Mr. Sutherland and me, and he should take time to consider of it - I asked him the same day what drugs and medicines would be necessary, as there was a very indifferent supply; I wanted a new stock - I did not go over the stock with him, but from what he told me I ordered my druggist to send things in: he said to me a day or two afterwards, "To be candid with you I am going into business for myself, and cannot remain with you any longer;" I told him I had no objection - he said he was aware of that - that I was too liberal a minded man to make any objection to his doing business for him - self, as he observed to me that he was going to set up in the neighbourhood; Mr. Sutherland continued in my house after this. On the 16th of March I asked the prisoner up to breakfast - he said as Mr. Sutherland was stopping in the house he preferred dieting with him, as he was only going to stop in the house a few days; I had given Sutherland apartments in my house. I asked the prisoner on the 17th for some oil of lavender; he pointed to a drawer in the shop where it was kept - I did not go to ascertain if it was there, as he was out when I first wanted it: we had some conversation about alterations in the shop that afternoon, and he suggested to me the propriety of locking the door between the shop and parlour every night, to prevent the shopmen handling the medicines in the shop. On the 18th a person called for citron ointment - the shopman reported to me that there was none; I told Marshall of it that evening - he said he thought there ought to be some, but where it was he could not tell; he always intimated to me that he was going to leave on the 18th, and as he did not quit, I asked him next morning why he had not, as I had a young man coming that day: he said he should quit directly, and would endeavour to take apartments to remove his things - the 19th was Friday; I had invited Sutherland and a friend of his to dinner that day - they did not dine with me; I had seen Sutherland and the prisoner that morning having private conversation over the counter - Sutherland had no business in my shop then; this excited my suspicion, and about dinner time that day my servant gave me information - the prisoner attempted to remove his trunks off the premises that day (19th) - I told him they should not be removed till Mr. Sutherland came home, and I had an explanation with him about the things I missed: Sutherland came in between eleven and twelve o'clock that night, and I told him what had taken place - the prisoner was not present; about six o'clock in the morning of the 20th, on hearing a noise when in my bed-room, which is over the surgery, I went down, and found the prisoner and Sutherland there together; I had had the prisoner's trunk conveyed into my shop the night before, and know it was there then - the prisoner and Sutherland applied to me for the chest, and observed that there was no property in it belonging to any body but the prisoner; I said I would not give it up - I desired the prisoner to leave the house directly, and Sutherland observed that as I had allowed him to have apartments in the house, he thought it very hard he could not have a friend there: finding I would not give up the trunk they called down Mr. Davision, a friend of theirs, and the three began to threaten me, saying I had no right to detain the trunk, and endeavoured to alarm me; I was determined to keep the trunk till I got advice how to act; they went for their adviser, or some attorney's clerk, or something of that kind.
COURT. Q. By threatening, you mean they threatened legal proceedings? A. Yes; a Mr. Rolph came and had a conversation with the prisoner - Sutherland and Davision, as I suppose, but I did not hear it; Sutherland and the attorney came down to my parlour - the attorney asked on what ground I detained the prisoner's chest; I said on suspicion that some of my property was in it - the prisoner was not present; Rolph had come down stairs from where the prisoner was, and demanded the trunk -I refused to give it up, and immediately after breakfast had a Police-man called in - when Rolph came down to my room there was an acknowledgement that there were drugs in the chest, but the prisoner was not present - the officer came, a smith was sent for, and the trunk opened; I do not think I asked the prisoner for the key - it was opened by Sutherland's direction; the prisoner was not present - in the trunk were found forty-seven different articles, drugs scales, weights, and things; the scales had been mine, and my shopman can prove they were in the shop - I had seen such things in the shop, but I had taken a very casual survey - I cannot say that any of the drugs had been in the shop; there had been citron ointment in a large earthen pot with the name painted on it- that had been removed from the shop, and put into the trunk there was oil of lavender found - I had asked the prisoner for oil of lavender; he pointed to a drawer, and said it was there - I went to the drawer afterwards, and there was none.
Q. Had you ever given him or Sutherland leave to take these things? A. During my engaging with Sutherland he said, "In case of my requiring any little medicine for my own personal use, I hope you will let me have it?" I answered if he would point out any thing he wanted he should have it - neither he nor the prisoner had ever asked me for any; the prisoner left the house -I went in search of him several times, but could not find him; I at last had Sutherland taken up and taken to the watch-house, and the prisoner appeared at Bow-street by Sutherland's desire.
Cross-examined by MR. PHILLIPS. Q. So you took up Sutherland for robbing you? A. Yes, for aiding and assisting in stealing the drugs and things contained in the schedule - he was discharged, and has brought an action against me since; when he was taken up the prisoner was sent for on his behalf - I cannot say whether an officer was sent for him or not; I saw him come into the office - I cannot say whether he came in custody or not
Q. Did not Mr. Sutherland tell you at the time that he opened the trunks at Marshall's desire? A. I do not recollect it; he desired the locksmith to open it.
Q. Did not Marshall himself desire you to open the box in the presence of Mr. Sutherland? A. I do not recollect it; he did not desire that the box should be opened to my recollection - I remember his applying to me for his keys; I had not seen them - he asked for them for the purpose of taking away his box and keys.
Q. Will you swear he did not say, "Since the keys cannot be got at, I insist on your opening the box?" A. I never heard such words expressed, nor any thing of the kind; I never heard him give any instructions about the box being opened - I told him I had a warrant to take him up; I had not one - it was in consequence of the Police-officer telling me I might have one by applying for it; I cannot now tell who the officer was, I had occasion for so many times - I had not applied for a warrant; Mr. Sutherland was to have dined with me on Friday; I took him up on the Monday - he did not dine with me on Friday; he made a false representation to me - I did not invite Marshall.
Q. I should not wonder if Marshall was kept in prison ever since this charge of robbery - has he been kept in prison by the Magistrate, in consequence of this charge? A. I understand he has; I know he was in prison - he has been bailed; I have met him in the street - I did not understand your question before; I thought you meant to say if he was taken out of prison - I know he has been in prison; in consequence of receiving a document from his attorney I know he has been bailed, but did not understand your question - but I have since reflected on the business.
Q. Has not Marshall brought an action against you? A. That was dropped; he brought an action - my attorney has told me it was stopped; the action was for this trunk and some of the goods in it.
Q. Did you take any proceedings against Marshall till after Sutherland had brought his action? A. My mind was made up in the morning of the 20th; I declared the business must take its course - I cannot say when Sutherland instituted his action; Marshall was taken up after the action was brought - the indictment was found after the action was commenced, and he was not taken till after it was found - Marshall brought his action before I preferred the indictment, but I declared on the morning of the 20th, before Sutherland and Rolph, that the business must take its course; he had set up business against me before I began these proceedings.
MR. ADOLPHUS. Q. Was there a written agreement, or was it by your verbal permission that Sutherland was to remain in the house? A. It was a verbal permission, by invitation from me, thought he was to pay the rent to the 25th - that was provided for by what I paid him; I do not know of any person not employing me on account of the prisoner having set up - I should not have interfered to prevent his setting up even next door to me; he did not desire that his box should be opened on the 19th; when I asked him what was in it, he never told me there were drugs in it, but they were Sutherland's; Sutherland desired it should be opened by a smith - it was at that time in my custody, and nobody could get it away; Sutherland and his friend had told me they were going to Godstone on Friday for a few days, and were very sorry they could not dine with me; but I unexpectedly saw Sutherland in my house the same night - Marshall appeared at Bow-street for Sutherland; I then said I should take criminal proceedings against him - and before that; it was on Tuesday the 23rd March, they served writs on me in Easter term, which was after that; I have never seen the declaration - I gave Marshall up his trunk and clothes, and was informed his action was put an end to; I only know that Sutherland sent for the prisoner to the office; after going before the Magistrate, I came here the first Session and filed my bill; I went with the officer to point him out, and saw him taken; and two or three days after I was served with notice of a habeas being applied for, and heard he was bailed.
COURT. Q. The prisoner was sent for to come to Bow-street when you accused Sutherland? A. He was, and came.
Q. Did you then make any charge against him of this kind? A. I threatened to give him into custody; I did not charge him before the Magistrate with taking these things.
NOT GUILTY .
1232. AARON LEVY and BENJAMIN GODDARD were indicted for feloniously assaulting James Walton , on the King's highway, on the 2d of May , putting him in fear, and taking from his person, and against his will, 10 shillings, and 10 sixpences, his property .
The prosecutor did not appear. NOT GUILTY .
London Jury. - Before Mr. Common Sergeant.
GUILTY. Aged 13. Judgment Respited .