SEVENTH SESSION, HELD AT JUSTICE HALL, IN THE OLD BAILEY, ON THURSDAY, THE 16th OF DAY OF SEPTEMBER, 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; Sir John Bayley , Knt., one of the Justices of His Majesty's Court of King's Bench; Sir William Bolland , Knt., one of the Barons of His Majesty's Court of Exchequer; Sir John Bernard Bosanquet , Knt., one of the Justices of His Majesty's Court of Common Pleas; Sir John Perring , Bart.; John Ansley , Esq.; Jonathan John Smith , Esq.; John Thomas Thorp , Esq.; and Anthony Brown , Esq.; Aldermen of the said City; Newman Knowlys , Esq., Recorder of the said City; Charles Farebrother , Esq, Alderman 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. - SEVENTH SESSION.
Second London Jury, before Mr. Common Sergeant.
1468. WILLIAM NEWCOMB was indicted for stealing, on the 7th of August , at St. Andrew, Holborn, 10 sovereigns, and 1 half-sovereign, the monies of James Maskell , in the dwelling-house of Jane Cross .
JAMES MASKELL. I am book-keeper at the White Horse, Fetter-lane, in the parish of St. Andrew, Holborn - Jane Cross is the owner of the dwelling-house; the prisoner attended the coaches as a sort of cad . On Saturday evening, the 7th of August, about half-past nine o'clock, I locked my desk safe, and left in it 10l. 10s. in gold, in a bag in my office, which is part of the dwelling-house; it is under the same roof - it joins the bar - I went again on the Sunday morning; the desk was then broken open, and the money was gone, but the bag was left - I understand some money was found on the prisoner.
Prisoner. Q. Was that all the money you left in the desk? A. No, there was a 10l. note, some loose silver, and some other gold in another part of the desk, which it was difficult to find.
JAMES WALTERS . I am a porter at the White Horse. I was left in charge of the office at half-past nine o'clock that Saturday night, to receive the Birmingham Triumph coach, which came in about ten o'clock at night; the prisoner came in with the coach, and assisted in unloading it - he waited till the parcels were called over, which was his usual practice; I settled with the coachman, and locked up the office - the prisoner came out of the office with me; I hung the key up in the front office, and left the key and the prisoner there - I have known him some time; he had a good character.
NICHOLAS LINTOTT . I am porter to the Birmingham Triumph coach. I saw the prisoner first at Piccadilly on this night - he came in with me to the White Horse, and assisted in unloading the coach; I saw him there after the last witness went away - he then drank part of a pot of beer with James Harding and me; I left him and Harding there when I went away.
JAMES HARDING . I was left at the White Horse, Fetter-lane, on the evening of the 7th of August - the prisoner was there when Lintott went away; he went away immediately after - I staid all night: I let the corn man go through the front office - I then laid down in the front office, and went to sleep; in the morning the horse-keeper rapped at the door - I let him out, and then found the key of the back office was in the door; I had not noticed it hanging up: I locked the door, and hung the key up in its place - I went to sleep again, and awoke about four o'clock; I then let in the horse-keepers - the key was then in its right place: I did not see the prisoner then - I know no more about it.
ALFRED JOHN LIST . I am a Policeman. On Sunday morning, the 8th of August, between eleven and twelve o'clock, the prisoner was brought to our watch-house on this charge; I searched him, and found nine sovereigns and 18s. 3d. on him - I asked how he came possessed of that money; he said William Stacey had given him a receipt to receive 13l. of the Rev. Mr. Taylor - that he had lost part of the money, and was ashamed to go back; I then found on him the duplicate of a shirt pawned the Thursday before; I found this hook, by which the desk appeared to have been broken open with, in the office - I found this new handkerchief on him, which he said he had bought the day before.
Prisoner. I was so agitated I did not know what I did say.
WILLIAM STACEY . I am coachman to the Birmingham Triumph. About two months ago I gave the prisoner a receipt to get 13l. from the Rev. Mr. Taylor, in the Regent's-park; when I came up on the next journey I asked him if he had received it - he said he had received 10l., and Mr. Taylor would have paid him the whole but he could not give him change for another 10l. note - I told him to call the next morning, and to call till he did get it; I asked him again the next journey, and he said Mr. Taylor was not at home - another time he said they appeared rather short with him, and desired him not to come bothering there; he gave me the 10l.
WILLIAM PULLEN . I am a waiter at the White Horse. I saw the prisoner pass through the house at half-past eleven o'clock at night - I asked what he wanted through there; he said the front office was shut.
Prisoner. Q. Had I not been through there before? A. No, not at that time of night - I said, "Halloo! what is up now?" and he said the office was shut, which it was not.
Prisoner. Q. You saw me run from the gate? A. Yes, from the yard gate; I was shutting our shutters - it is some distance: I know him by his clothes - he crossed the road, and ran towards me.
COURT. Q. Did you see his face? A. Yes; I know him by his clothes and face too - I was about fifty yards off; there is a gas light there - he had a cap on: he was the only person there.
Prisoner's Defence. The money was mine, which I had saved at different times when I was with Mr. Stacey's coach at the Blossoms Inn.
Two witnesses gave the prisoner a good character.
[Saturday, Sept. 18] GUILTY - DEATH . Aged 19.
Recommended to Mercy by the Jury, on account of his character .
First London Jury, before Mr. Recorder.
EDWARD LAMB. I am a silversmith and jeweller , and live at No. 43, Ludgate-hill, in the parish of St. Bride's - I rent the whole house. I saw these rings safe about ten o'clock on Friday evening, the 23rd of July; I put them into a tray about nine that night - the tray was in the window; the window had not been opened after that till eleven o'clock in the morning, when the prisoner came in to look at them - I was not in the shop when he came in, but before he left, Etheridge, my young man, was in the shop, and called me in on account of another person coming into the shop; the prisoner was still there, and Etheridge had shown him some rings; the second person asked to look at some gold chains, but bought none; when I came into the shop Etheridge told me to attend to the prisoner with the rings, and he would show the chains - Etheridge then put the rings the prisoner had been looking at into the glass case; the prisoner desired to look at other rings - I showed him a separate tray of diamond rings; he bought nothing - the other party made several equivocal remarks about the chains; we had none to suit him - that drew my attention from the rings to him; they both went away nearly together, but went separate ways, to the best of my recollection; the prisoner bought nothing; immediately that he left I missed a diamond ring, value fifteen guineas - I did not miss the other till the prisoner was brought back; I immediately sent Etheridge to follow him - he was brought back in less than half a minute; I accused him of robbing me of a diamond ring - he denied it, and while an officer was sent for he tried to escape out of the door; Etheridge threw the door too, and the prisoner's shoulder went through the glass - he was not able to get out of the shop; the officer came, searched him, and found 18d. in silver, three duplicates, and 5d. in copper on him - there was no money to pay for valuable rings; before the officer came I saw him take his handkerchief out of his coat pocket, and saw one ring fall from it - I am certain it fell from him; I would not pick it up - it was picked up, and was mine; that had not been in the tray I showed him, but in the former one - the other ring was picked up afterwards in the street, but not in my presence, nor on the same day; I claimed it at Hatton-garden - it had been offered in pledge; the party was detained, and it was advertised - that was the 15l. one; the ring he dropped was worth 4l. 8s. - I have not seen the person who wanted the gold chains since.
Cross-examined by MR. CLARKSON. Q. I suppose people often come to your shop who do not return? A. Frequently; I do not know what passed before Etheridge called me - I found the prisoner looking at the rings, and the other person asked to see chains as I came into the shop; I had sorted the rings on the Friday evening, between nine and ten o'clock - I was in the shop all the evening; I had no customers after that, nor in the morning till the prisoner came - I think the prisoner went out first, but they left so near together I cannot say; the prisoner went down Ludgate-hill, towards Fleet-market - he desired to see another tray; I cannot say whether he asked for my card, or whether he had one; I do not recollect giving him one.
Q. Did you not give him a card, and press him to come again, saying you would get such a ring as he required? A. I cannot say - it is very possible; whether the tray of valuable rings was on the counter when he returned I do not recollect - I had missed the valuable one before he returned, but not the other; the tray that was in was put into the glass case before the expensive rings were shown him, and had not been taken out - I missed the diamond ring on replacing them in the tray; that was the last tray - I had no idea the other was stolen till it dropped from him; I know that the prisoner went down Ludgate-hill - I looked particularly at him, he being the one I attended to; I do not recollect having any conversation with my shopman about the prisoner's conduct - I do not recollect his saying it was impossible the prisoner could have taken the low priced ring, as he looked particularly at him from the time he came in; I will not swear that he did or did not say so - I was asked about this at Guildhall, and said I was not aware of it; my shopman was not before the Magistrate - the prisoner complained about that, and I said we could not both leave the shop at the same time; the prisoner did not desire the examination to be postponed till he could hear the shopman's evidence - he was remanded from Saturday till Tuesday, to bring evidence of his respectability, and have Counsel; I heard nothing of the shopman being wanted till Tuesday - he went before the Grand Jury.
JAMES ETHERIDGE . I am in Mr. Lamb's employ. On Saturday morning, the 24th of July, I saw the prisoner come into the shop - I was alone; he asked to look at some rings - I showed him some; he wanted sporting rings that
Cross-examined. Q. Does Mr. Lamb keep any other shopman? A. No; I am not aware of having told him it was impossible for the prisoner to have stolen a ring - I may have said I looked very sharp after him, for I was rather suspicious of him; I do not think I told Mr. Lamb any thing of the sort - it was stated at Guildhall that I said so; if I did, I must be very much mistaken; I swear the ring which dropped from his pocket was in the tray when I took it out to show him - there were but two of the sort in the tray; to the best of my belief I never said I was quite sure he could not have concealed a ring - I will not swear it - when I went out I found the prisoner two or three doors below; he was walking very fast - I hardly lost sight of him; I was not confused - Mr. Lamb has no partner; the dwelling-house is over the shop, and he lives there.
COURT. Q. Did you ever see the most valuable ring at Hatton-garden? A. It was first brought to our shop - I saw it there; Mr. Lamb went to Hatton-garden, claimed it, and received it.
JAMES SNOW . I am an officer. I was sent for, and took the prisoner in charge for stealing some rings; he denied the charge - I searched him in the shop, and found a duplicate of a great coat, pawned for 8s., and something else for 3s.; also a shilling and sixpence, and 5d. in copper - I have kept the ring ever since.
MR. LAMB. This ring was part of my stock; it has my number and private mark - I am certain I never sold it; I have no partner.
JAMES ETHERIDGE . This is the ring; I am certain it was in the tray I showed the prisoner - it is marked 4l. 8s.; the other was worth 15l. I believe - it was certainly worth 10l. to any one in the trade.
MR. CLARKSON. Q. You cannot say whether it was found on any body who had been in your shop? A. I understand it was found in the street, nearly opposite the door - the intrinsic value of the other is three guineas or 3l. 5s.; we do not all agree in the value of a diamond - the other ring was in the tray when Mr. Lamb took it out.
Prisoner's Defence. The two witnesses have perjured themselves in various points, and I leave myself entirely to your merciful consideration; my friends, who live in Essex, were here last night, but are obliged to attend in in the country on urgent business - as to saying the witnesses are perjured, that merely alludes to the hearing at Guildhall; I was committed for stealing a ring, value 4l. - Mr. Lamb then said his shopman said it was impossible for me to conceal the ring I was first charged with; the shopman said the other gentleman entered the shop as an accomplice - I knew nothing of him.
GUILTY - DEATH . Aged 26.
First London Jury - Before Mr. Recorder.
1470. WILLIAM HECTRUP was indicted for that he, on the 2nd of September , at St. Stephen, Coleman-street, in and upon Catherine, his wife, a subject of our Lord the King, feloniously, wilfully, maliciously, and unlawfully did make an assault, and with a certain sharp instrument then and there feloniously, wilfully, maliciously, and unlawfully did stab, cut, and wound the said Catherine, in and upon the left thigh, and right side of the face, with intent in so doing, feloniously, wilfully, and of his malice aforethought, to kill and murder her ; against the Statute, &c.
2nd COUNT, stating his intent to be to maim, disfigure, and disable her.
3rd COUNT, stating his intent to be to do her some grievous bodily harm.
MARY GILBERT . I live at No. 11, White's-alley, Coleman-street , which is in the City. I know the prisoner - I do not know that he was married; he represented himself as such: I knew his wife - her name is Catherine; I had known them about two months - they always passed as husband and wife: he did not live with her - she lived
Q. When the prisoner came at four o'clock was he at all intoxicated? A. Not at all, he was very sober; he had no liquor after the gin - he got up and said to his wife,"Ayn't you sorry for the shoes you have lost to-day?" she said, "No, not at all;" I saw him take up a knife which laid on the window - it was a knife she used to cut the shoes with; he sat close to it - he took it up, and stabbed it three times into his wife's chest - he jabbed it to her breast, but the busk of her stays kept it from her body - he did not wound her then; I said, "Lord have mercy upon me! the man is going to kill the woman;" I was afraid of it at the time, and called Mrs. Morris from the next room - I ran down stairs, and saw no more of it; I heard her halloo Murder! I did not see her again till she came out of the hospital, for I ran into a neighbour's house - I left him and her struggling together in the room.
Q. Had you observed her do any thing to him before he attempted to stab her or after? A. Not at all; she never touched him while I was in the room - she had called him a prig, but after that they were sociable and drank together; there did not appear any animosity between them then.
MARY ANN SHORT . I am single, and lived in the same room with Mrs. Hectrup, and used to sleep with her; I saw her and her husband together about four o'clock on this day - the prisoner is her husband: they always appeared as husband and wife, and spoke to each other as such - her name was Catherine Hectrup; we were just going to tea as the prisoner came in - he said, "I wish to know the seven people who accuse me of stealing the shoes;" she had missed a pair in the morning which she had to bind - I told him no one had accused him of taking the shoes, but Mrs. Heal had said she saw him come down stairs the night they were stolen - I said, "She is only joking with you, sit down" (meaning that his wife was only joking) and his wife said, "Sit down and take a cup of tea;" I had heard her say nothing to him but "You had better let me have the shoes," and calling him a prig, which means a dishonest person - they were joking and laughing together, and seemed very friendly; he said,"You wanted me to treat you on Monday - I have got a few halfpence now, and will treat you;" I went and brought in a quartern and a half of gin - it was drank between the tea, while we were at tea - we all partook of it, and were all quite friendly; after tea they were conversing about the shoes, and he said he would say what he knew about the shoes, if she would send for 1s. worth of rum - they were not talking in anger; she took a pair of shoes home to the Old Jewry after tea, and brought another pair to be bound - the prisoner remained in the room; she bound the shoes in his presence - there was no anger between them then; they were laughing and joking - they sat very close to each other; she had to go out to fetch binding for the shoes, and he talked a good bit about his wife while she was gone - she is younger than him, and he seemed uneasy about her; he mentioned Kelly's name, and seemed to say he had risen her from nothing, and she had behaved herself ill for some time - I had seen Kelly at the house three times, but he came each time on business; I was present - there was nothing to induce me to think ill of them; I always understood he was the prisoner's cousin- I told him I had seen Kelly there, and that he put his hand in my face once when he was there, and told me to mind what I was saying, as we had a dispute - he is an Irishman; I told the prisoner his wife sometimes spoke improper, and he should excuse that, as she was younger than him, and he should not ill-use her, for it was unbecoming in a man - he made no answer to what I said, but seemed silent, as if he was musing; her conduct was not proper towards her husband - she has often, in my presence, spoken aggravatingly to him; I did not think her conduct exactly improper - I do not know that she behaved unfaithful to him; I never saw any thing indecent between Kelly and her - his wife returned, and said, "I have been a good while gone;" he said, "Yes, you have;" she said, "I have been as far as Meek's, in Fore-street;" he said, "Are you not sorry about the shoes you have lost?" she said, "No, by my soul, I am not sorry about them;" they were then sitting quite close together - he rose suddenly from his seat, turned round, and stretched his arm
GEORGE SMITH . I live at No. 15, Swan-alley, Coleman-street, and am a smith and bell-hanger. On the 2nd of September, at near six o'clock, Short ran into my shop quite in alarm, and said there was a man killing his wife- almost as soon as I could turn round the wife came and put her foot on the threshold of the door, pulled up her clothes, and said, "See how I am used;" I saw a wound in her left thigh, and blood was streaming down to her ancle - I never saw her or her husband before; I went out, and met the prisoner in the passage of No. 11, White's-alley - I was advancing towards him; he had an instrument in his hand, which appeared to be a knife - he drew his hand back, presented it towards me, and threatened to do for me; I then turned my back on him, ran into the next house, and he ran past - I saw him in custody in about two minutes; I observed that his right hand was under his clothes on his left breast - I did not notice his hand when it was drawn out of his breast; he had no knife or any instrument in his hand then - I returned, and his wife was sitting in a chair in my shop; the bleeding continued - Mr. Edenborough, of Coleman-street, was there washing her; she was taken to the hospital, and I did not see her afterwards till she was at Guildhall.
WILLIAM GROVES . I live at No. 12, White's-alley. I heard a noise about six o'clock, and ran out - I heard a woman say, "He has killed her! he has killed her!" I saw the prisoner running - he passed my door; I heard some one say, "He is a rogue, run after him" - I pursued, and stopped him nearly opposite Bank-chambers, Tokenhouse-yard; I saw his right hand was covered with blood - he had nothing in it then; he said, "Let me go, Groves;" I had known him some time - I delivered him to an officer; a shoemaker's knife was brought up by Mrs. Low, just after I secured him, and while I was holding him - it was covered with blood; the prisoner saw it, but said nothing.
MARY LOW . I live in Mulberry-court, about twenty yards from White's-buildings. On the 2nd of September, about six o'clock, as I sat at tea, I heard a cry of Stop thief! I ran to the door, and Mr. Groves was running by - as I got to the door, I saw a little boy rise from a stooping position at my door; he then produced a knife to me - I said it was a butcher's knife; it was covered with blood - I ran to Tokenhouse-yard with the knife, and there saw Groves holding the prisoner by the collar; I gave Groves the knife - the prisoner saw it, but said nothing; I went with his wife in a coach to the hospital - she bled very much: I did not see her afterwards.
ROBERT DAVIS . I am ten years old, and live with my father at No. 2, Silk-street, Milk-street. I was in Printing-house-square, near Mulberry-court; I saw the prisoner running, and several people running after him - he turned into Mulberry-court; it was rather dark there- I did not see him stopped; the court is a thoroughfare - I found a shoemaker's knife in the court, and gave it to Mrs.Low; she said it was a butcher's knife - he must have ran by that spot; I did not see it thrown down - it was streaming with blood; I told Low it was the knife the man had stabbed his wife with - I only supposed so.
JOHN GUNNELL . I am a constable - I have a factory nearly opposite No. 11, White's-alley. On the 2nd of September, just as I got to my gates, a female gave me information; I went, and found the prisoner's wife streaming with blood about her thigh and on her face - there was a small scratch on her face; her gown was cut all to pieces - there were a great number of stabs about her dress; the prisoner was brought up to me by Groves, and a female gave me a knife - both the prisoner's hands were covered with blood; he had a very bad wound in one hand - he said nothing; I took him to the watch-house, and then to the Compter - I found on him at the watch-house a comb, a duplicate, and 2 1/2d.; as I took him along the Old Jewry he wanted to stop at a shoemaker's shop there - he swore, and said a good deal, and when I told him he ought not to act 8o, he said several times going to the Compter, "I am sorry I have not finished her," or he was sorry she was not finished; he said he got the wound on his hand in the scuffle - it was only a cut on his finger; I think it was his right hand - he said he had not been happy since she had put him into the Compter; I asked what that was for - he said for a row, or a piece of work, or something; I asked when it was - he said he had been out several days; that he was sent to the Sessions, but she went to the Mayor and got him out - I have kept the knife ever since, and produce it; it is stained with blood now, and is in the same state, except the blood being dry.
JOHN ELLIS . I am beadle of St. Stephen, Coleman-street. I produce the gown and clothes which Mrs. Hectrup had on at the time - I received them from Mrs. Short the next day; they are in the same state as I received them - here are two or three cuts in the breast, and here are three cuts about the thigh; I saw her when this happened - she was quite exhausted from the loss of blood; I paid the coach, and sent Short with her to the hospital - I visited her twice there; she was in bed the first time - the last time was the 8th of September, when
MRS. SHORT. I delivered these clothes to the constable - they are the same she wore at the time, and are in the same state as I received them at the hospital.
Prisoner's Defence. I have been brought here quite ignorant of the case; my wife sent me word that she had been in fault, and was willing to forgive me the little accident she met with - she sent word she would not come forward for five hundred guineas; as such I have no Counsel or friends to attend to my interest - I throw myself on the mercy of the Jury; when I was put into the Compter before, it was through Kelly, who led me to give her a box, and after being in the Compter two or three days, I was told by a witness I could produce that she had been walking with Kelly in Finsbury-square; she came to the prison the day after, laughed at me through the window, and asked if any body had told me any thing about her - I said I had been told she had been walking with Kelly - she denied it, and said it was another shoemaker belonging to her master in Coleman-street; I told her her own uncle had made a remark to me about her, that they had been seen together, and if she would come home and be peaceable in future, I never would rebuke her with what had passed; I told her all that had happened from time to time, and before she should come to public scandal, I was willing to forgive her- I declare to God Almighty I was as fond of her as ever a man was of his wife: when I went to the room that day she went out for half an hour - Short was talking about her: I remarked to Short that her dress was not fit for a journeyman shoemaker's wife, and I did not know how she got the clothes; Short told me several times that Kelly had been there: she did not know it, but that worked up my feelings - I had been very affectionate to my wife; I found myself changed - there was a knife by the shoes; whether I caught it first or she I declare to the great Heavens I do not know, but in the scuffle between us, in which I was quite exhausted, for I was quite out of my mind - in the scuffle she and I fell together on the ground, and what little wound she received was at that time; the knife appears to some very awful, but it was the cut I got in my hand caused the blood to be on it - I do not deny there was a knife between us both, but I never intended to hurt a hair of her head; I could not bear myself when Short told me what she did: I do not blame her for it, as she did not know the effect it would have on me - I have no Counsel, for I did not know I could be convicted in this manner.
[Thursday, Sept. 23.] GUILTY - DEATH . Aged 38.
First London Jury. - Before Mr. Recorder.
1471. JOHN HIETT was indicted for that he, at the Delivery of the King's Gaol of Newgate, holden for Middlesex, at Justice Hall, in the Old Bailey, on Wednesday, the 19th of February, in the 57th year of the reign of George the 3rd, was in due form of law tried and convicted on a certain indictment against him, for that he, on the 18th of February, in the 57th year aforesaid, at the parish and County aforesaid, in and upon John Ward , in the peace of God and our said Lord the King, then and there being, feloniously did make an assault, and the said John Ward in corporal fear and danger of his life then and there feloniously did put, and from the person and against the will of the said John Ward, then and there violently and feloniously did steal, take, and carry away 1ls. 6d. in monies numbered, of the monies of the said John Ward , and seven Bank notes, for the payment and of the value of 1l. each, the said notes being the property of the said John Ward , and the sums of money payable and secured by and upon the said notes being due and unsatisfied to the said John Ward , the proprietor there of; against the Statute, &c.: and that he was thereupon ordered and adjudged to be hanged by the neck until he should be dead, but his said late Majesty having been pleased to extend his royal mercy unto him upon, condition of his being transported to New South Wales, or some one or other of the islands adjacent, for and during the term of his natural life, which being in due manner signified in writing by one of his said late Majesty's principal Secretaries of State, he the said John Hiett was at the said Session ordered to be transported to New South Wales, or some one or other of the islands adjacent, for and during the term of his natural life, pursuant to the Statute in that case made and provided; and that he afterwards, to wit, on the 22nd of July, in the 1st year of the reign of William the 4th , feloniously was at large, without any lawful cause, within his Majesty's dominions, to wit, at St. Andrew Undershaft, in the ward of Lime-street, in London aforesaid, before the expiration of the said term for which he was so ordered to be transported, as aforesaid ; against the Statute.
SECOND COUNT, that at the Delivery of the King's Gaol of Newgate, holden for the County of Middlesex, at Justice Hall, in the Old Bailey, on Wednesday, the 19th of February, in the 57th year aforesaid, the said John Hiett was ordered to be transported to New South Wales, or some one or other of the islands adjacent, for and during the term of his natural life, pursuant to the Statute; and that he afterwards, to wit, on the said 22nd of July, in the 1st year aforesaid, feloniously was at large within his Majesty's dominions, that is to say, at the parish and ward aforesaid, in London aforesaid, without any lawful cause, before the expiration of the said term for which he was ordered to be transported, as last aforesaid; against the Statute, &c.
MR. ADOLPHUS conducted the prosecution.
THOMAS VANN . I am an officer of Worship-street. I produce a copy of the record of the prisoner's conviction, which I got from Mr. Clark, the clerk of arraigns, and saw him sign it - (read) - I know the prisoner; I was present at his trial - he is the man I apprehended, and who was tried here on the charge referred to in 1817; I saw him at the India-house in Leadenhall-street, and apprehended him in company with Waters, on the 22nd of July last - I told him what I took him for, and Waters asked if he had any thing to show why he was at liberty; he said his name was John King , and not Hett, but at his second examination he said I was right, that his name was Hiett, and I was the man who apprehended him; he had come to the India-house to receive his pay, as a sailor belonging to the Lady Melville.
THOMAS WATERS . I assisted Vann in apprehending the prisoner at the East India-house, on the 22nd of July; I did not know him before - I asked if he had any certificate to show why he was at large; he said he had not, and denied being John Hiett, but said his name was King - the next day, before the Magistrate, he said, "I don't wish to give more trouble, my name is Hiett, and Vann is right; I understand his conduct was so good on board ship that his officer received him as boatswain's mate.
Prisoner. I leave it entirely to the mercy of the Court.
[Tuesday, Sept.21.] GUILTY - DEATH . Aged 38.
Recommended to Mercy, on account of his having found an honorable employ .
First Middlesex Jury, before Mr. Justice Bayley.
1471. CORNELIUS SERGEANT was indicted for stealing, on the 9th of August , at St. George, Hanover-square, 20 spoons, value 13l.; I ring, value 10s., and 3 10l. promissory notes, the property of Thomas Kingston , in his dwelling-house .
MR. PHILLIPS conducted the prosecution.
THOMAS KINGSTON . I am a chemist , and live at No. 23, Lower Belgrave-street, Pimlico, which is in the parish of St. George, Hanover-square I believe; the prisoner was three weeks in my service, or rather more; he slept in the house. On the 9th of August, about five o'clock, I came home from some business, and saw the prisoner - he gave me a scrap of paper, on which was written "No. 3, Brompton-grove," and said I was to go there as quickly as I could; I went almost immediately, according to the direction, and found I had not been sent for; after waiting about ten minutes I returned home, and found the prisoner absent - my housekeeper was alone in the house: in consequence of what she said, I examined, and the first thing I missed was my keys out of the pocket I wore; I then looked into my desk, and found the keys gone - I went up stairs, and found a drawer in which I kept my plate, and also my cash-box, both unlocked; I missed from the cash-box three 10l. Reading Bank notes, and from the drawer twenty silver spoons and a gold ring, which were worth about 13l. - I had four notes in the box a few days previous, and this paper, containing the numbers of them, was in the drawer, by the side of the plate; the numbers were (reads) 5831, 4103, 5464, and 5317 - they were Simmons' bank of Reading; I had paid away one of the notes a few days previous; I could not tell which: I did not see the prisoner again for a week or ten days, when he was in custody in London - he had given me not the slightest notice that he was about to quit.
MARY HARROW . I am the wife of James Harrow , of No. 32, Sermon-lane, White Horse-street, Lambeth. On the 9th of August, about a quarter-past seven o'clock in the evening, the prisoner took a lodging at my house; a young woman was in his company - he said he might take the lodging for one week, or only a few days - that he was going to Scotland with a gentleman, and it depended on what time he went; he left the next day, and the day after that lvimy, the officer, came to my house, and searched the room he occupied; he found twenty spoons wrapped up in a yellow handkerchief, with a new shirt - he took them away.
WILLIAM IVIMY . I am an officer of Queen-square. - On the 11th of August I went to Harrow's house, and searched a back room which she showed me; I found between the bed and sacking twenty silver spoons and a new shirt, which I produce - I have had them ever since: I received information, and went to Manchester - I saw the prisoner there, and took him on Sunday, the 15th of August; I told him what I took him for - he said he knew nothing about it; I found seven sovereigns, 17s. 6d., and 3d. in copper on him, and a quantity of new clothes, some new shirts, and a silver watch - I brought him to town, and showed the plate to Mr. Kingston, who claimed it. I know his house is in the parish of St. George, Hanover-square.
JOSEPH BLUCHER PONTON . My father lives at No. 334, Strand, and is a hatter - I live with him. On the 10th of August the prisoner came to the shop for a hat, and asked me for change for a 10l. note, which he produced; I gave it to my father, and gave him change - the prisoner wrote on the note John or Thomas Smith , I do not know which, before I gave it to my father, and my father afterwards wrote on it - I should know it again; my father's hand-writing was not on it when the prisoner produced it to me; (looking at a note) I know this to be it by the prisoner's writing, without my father's - here is the name of Smith; I cannot make out the Christian name: the address is No. 23, Lower Belgrave-street - I am certain it is the note the prisoner gave me.
MR. KINGSTON. These spoons are mine - I saw them safe two or three days before they were taken - I kept them locked up, and kept the key myself; I had seen the notes about a week previous, when I paid away the other note - this is one of those I missed that day - it corresponds in number, and the Bank; it is No. 5464 - I live in the house, and rent the whole of it.
Prisoner's Defence. The watch taken from me was left me by my grandfather.
[Thursday, Sept. 16.] GUILTY - DEATH . Aged 20.
Before Mr. Baron Bolland.
1472. JOHN TAYLOR and THOMAS ALLEN were indicted for feloniously breaking and entering the dwelling-house of Joseph Hobson , on the 12th of August , at St. Leonard, Shoreditch , and stealing therein, 1 coat value 2l.; 1 waistcoat, value 12s.; 1 pair of trousers, value 20s.; 1 shirt, value 2s.; 3 shirt collars, value 1s., and 4 slices of ham, value 6d., his property .
JOSEPH HOBSON. I live at No. 4, Kingsland-road , and am an oil and colourman ; I keep the whole house. On the 12th of August I closed my shop at ten o'clock, and went out at a quarter-past ten - on my return, about a quarter-past eleven I found the door unlocked, and on the latch; I am quite confident I had locked it - I tried it after me; I went into the shop, put down a parcel which I had under my arm, and stood with the door in my hand, nearly closed, and heard two persons coming down the stairs of my house; the gas in the shop was lighted - they came down into the shop; I asked what they had been doing there - they made no answer, and I took one of them in the shop; that was the prisoner Taylor - the other passed me in the doorway; Smith followed him - I did not sufficiently observe him to speak to his person; I called
Cross-examined by MR. PHILLIPS. Q. Was it not rather a dark night? A. It was rather dark I believe - I have no recollection of the second man, but I got hold of Taylor in the shop before the door was open, he was never out of my shop till I took hold of him - I kept him till Straghan and Smith took hold of him; he did not escape from them.
WILLIAM SMITH . I am a journeyman pork-butcher. On the 12th of August, about a quarter-past eleven o'clock, I stood by my brother's shop, and heard a cry of Watch! I crossed over the way, and saw Hobson's door open, and two men inside, scuffling; I saw the prisoner Allen come out of Hobson's door, and run away - I was about five yards from him or less; I ran after him, calling Stop thief! for about a quarter of a mile to Hoxton-square, and never lost sight of him; he ran - I pursued after him, and never lost sight of him; Smith, the watchman, took him- I am quite certain of him - I had not seen him before that night; I am certain he is the man - I was present when the Policeman searched him under the lamp-post, and found three false collars, a penknife, a silk handkerchief, and a few halfpence.
Cross-examined by MR. CLARKSON. Q. It was a dark night? A. Rather darkish; when the alarm was given I went towards the door - there was nobody between me and the person who came from the shop, not that I saw; I cannot recollect - there might be persons passing on the other side of the road, but I saw him run out, and immediately called Stop thief! I was crossing the road - nobody came out of the shop but him; I saw the door opened, and a scuffle ensued - nobody was between me and the person who came out; I looked at him, and not behind me - nobody was passing on the same side as the prosecutor's house I am certain: other people ran as well as me - the watchman came ahead of me, and took him; a man, who is not here, had hold of his collar first, and the watchman took hold of him next.
Q. The person who came out of the shop was not the person scuffling? A. No - I ran after him immediately - there was nobody nearer to him than me, except the young man who took him and the watchman; the young man is an oilman, and lives in Shoreditch - he was not before the Magistrate; I followed close at the prisoner's heels, within three yards of him, and never lost sight of him - there are about two turnings in the space he ran, there may be more- I will not swear there are not six; I had never seen the prisoner before.
COURT. Q. You pursued within three yards of him, and never lost sight of him? A. No, and was close to him when the young man took him.
WILLIAM SMITH . I am a private watchman. On the night of the 12th of August I was alarmed by a cry of Stop thief! I was standing at the corner of Edward-street and saw the prisoner Allen running in a direct road from the prosecutor's house; I made a snatch at him as he came past me, but missed him, and pursued him - Smith was close behind him; he ran right up Edward-street - I might be two yards from him; a young man named Stone got before him in Hoxton-square - I saw him stop him, and received him in charge; three false-collars, a penknife, a silk handkerchief, and a few halfpence were found on him - he said the collars were his own; I went with him to the station-house, and he there said he had bought the collars that day in Petticoat-lane.
Cross-examined. Q. I believe they sell collars there? A. I do not know - he was not out of my sight; Edward-street is about fifty yards from Hobson's - I will not swear it is not one hundred, but do not think it exceeds sixty; I ran before the last witness - I can only answer for myself: I did not lose sight of him; I swear I was not ten yards from him.
COURT. Q. Is there any turning from the corner of Edward-street to where he was taken? A. Yes, one; I was not more than four yards from him all the way: I made three or four attempts to take hold of his clothes.
GEORGE COLLYER . I am a Police-constable. I was on duty in the Kingsland-road about a quarter-past eleven o'clock, and heard a cry of Watch! Police! Stop thief! I immediately ran to the corner of Edward-street - before I got to the corner I saw Allen running across Kingsland-road, and the two last witnesses pursuing him; I immediately followed him through Edward-street, and into Hoxton-square - there is a slight turning; I lost sight of him, but Smiths were before me close to the prisoner - I lost sight of him for half a minute, while I was going round the corner - I saw him again when I got round into the square; I swear he is the same man I saw running in Kingsland-road- I searched him, and found three shirt-collars, a handkerchief, a pen-knife, and a few halfpence on him; I took him to the station-house, returned to the prosecutor's, and went up stairs with him, and on the stairs found a dark-lantern and this bundle, containing a coat, waistcoat, trousers, and shirt.
Cross-examined. Q. Does the Kingsland-road turn out of Edward-street? A. Edward-street turns out of Kingsland-road to Hoxton-square; there is a turning in the square, and a slant, which if you call it a turning makes two: I did not lose sight of him at the slant - he was taken in Hoxton-square; I ran on hearing the cry - both the Smiths were before me, but I was running a different way; I met them - they ran towards me, and passed within two or three yards of where I was, and I ran after them; Stone is not here - where he came from I cannot say.
COURT. Q. Was your sight of Allen intercepted except at the turning? A. No; I came across the road, and met him - I have shown the collars to the prosecutor.
JOHN WILLIAMS . I am a watchman - I was on duty: the prosecutor's is on my beat. On the 12th of August, at ten o'clock, I passed his door, tried it, and found it fast - I pushed against it; I met Hobson coming home as I was calling eleven, about two minutes and a half after I had passed his door - I was afterwards alarmed by the call of Watch! and Thieves! I went to the corner of Kingsland-road, and met Hobson alone - he took me back to where Taylor was in charge of some neighbours, and gave him in charge; I saw him searched, and a phosphorus-box, five skeleton-keys, a picklock-key, and a crow-bar were found on him; the Police have them.
Cross-examined. Q. You gave them to the Police? A. I did not have them - I saw them found; there are three constables and two watchmen in this case.
JOSEPH HOBSON . This is the bundle I found on the stairs; this waistcoat, coat, and other things are mine, but not the handkerchief - these shirt-collars I firmly believe to be mine, but nothing else found on that man; I lost three or four collars, but do not wish to swear to these as I have no mark on them.
Taylor's Defence. I was passing the door at the time the prosecutor laid hold of me; a scuffle ensued - Smith, the butcher, laid hold of me in the road while scuffling with the prosecutor: nobody saw me in the shop - I was scuffling outside the door.
Allen's Defence. I was walking down Petticoat-lane and gave 1s. for these collars, and in the evening, at half-past eight o'clock, I went to bathe, and took the collars for a change to put on; I went and had some porter, and hearing the watchman call the hour, I was making haste home.
[Thursday, TAYLOR - GUILTY - DEATH . Aged 23. Sept. 16.] ALLEN - GUILTY - DEATH . Aged 24.
Recommended to Mercy by the Prosecutor, believing them to belong to highly respectable families .
First Middlesex Jury, before Mr. Justice Bailey.
1473. FRANCIS COX was indicted for feloniously breaking and entering the dwelling-house of Thomas Baker , on the 10th of July , at St. Marylebone, and stealing therein 1 pair of shoes, value 2s. 6d., his property .
THOMAS BAKER. I am a boot and shoe-maker , and live in the Edgware-road, in the parish of St. Marylebone , and rent the house; the prisoner was my journeyman , and lodged in the house. On Saturday, the 10th of July, I sat up all night to watch; the prisoner had been out that night, and came in between three and four o'clock - he went up stairs, and took off his shoes - came down directly to the shop, and opened the lock of the shop door with a false key; it is an inner door, leading from the shop to the passage - I am sure that door was locked, for I was particular with it; I was down in the kitchen below - we have no parlour; I heard him unlock the door - I ran up stairs; he is rather deaf - I got up in an instant, and told him he had made a bad job of it; he had no light, nor had I - it was break of day; he stood at the door very much concerned, but said nothing for some time, and then asked me to forgive him - I put my hand outside his coat, and he drew out this pair of shoes, and put on the show-board; here they are - they are mine, and had been in the shop about two months; I took the key out of the door - it had been prepared for the purpose; it would not fit the door of itself - it was not my key; I did not know he had it - I keep the regular key of the door myself, and had it at that time; I delivered the shoes to Hainsworth, the officer.
JOSEPH HAINSWORTH . I am a Policeman. I received the prisoner in charge, with the shoes and key, which I have had ever since - no threat or promise was made to the prisoner; Baker said he had entered the shop with a false key - the prisoner said he hoped he would not give him in charge, he knew the consequence if he did - I afterwards took the key and tried it; I found it would unlock the door, but not lock it.
[Thursday, Sept. 16.] GUILTY - DEATH . Aged 27.
Recommended to Mercy by the Jury, as the property was of small value, and the prisoner ill .
First Middlesex Jury before Mr. Justice Bosanquet.
1474. STEPHEN BALDWIN was indicted for feloniously breaking and entering the dwelling-house of John Manley , on the 14th of August , at St. Margaret, Westminster, and stealing therein, 26 boots, value 9l., his property .
JOHN MANLEY . I am a shoemaker , and live in Strutton-ground, Westminster ; I occupy all the house. On the 13th of August I was the last person up - I went to bed between twelve and one o'clock; the windows and doors were all safe then - I was disturbed by the inspector of the Police between one and two; I got up immediately, came down stairs into the shop first, and found the shopdoor leading into the parlour had been broken open; I proceeded through the next door, which was broken open also - that lead into the kitchen; the street door was wide open, and the window shutter also - a pannel had been cut out of the shutter, and the window was open; any body could get in - the place had been greatly disturbed- I missed a number of Wellington boots, and found twenty-six at the watch-house, all of which I can swear to; they are worth about 9l. - I had seen them in the house the night before.
EDWARD ALLEN . I am a Policeman. I was on duty about half-past one o'clock at night on the 14th of August, and saw the prisoner and another man coming down Duck-lane, in the parish of St. Margaret, Westminster - (I know the prosecutor's house is in that parish); I was going up, and the instant they saw me the prisoner dropped these boots, and both ran away - the boots were wrapped in two handkerchiefs; the prisoner had both bundles when I saw them - they made off to the top of the lane, then went different ways; I followed the prisoner - Sarnbell saw me following him; he ran up, and caught him in his arms - I left him in his custody, returned to the spot, and picked up the boots; we took him to the watch-house - my brother officer found a knife on the prisoner; I went next morning with the inspector and superintendent to the prosecutor's, and matched the knife to the shutter - the pannel appeared to have been cut with a knife, it was cut down so level, and then forced out with a chisel; there must have been some instrument like a knife used.
BENJAMIN SARNBELL . I am a Policeman. I was on duty in Orchard-street about half-past one o'clock - I heard the alarm, made towards it, and saw the prisoner come round the corner of Duck-lane, Allen following him; I went and collared him - Allen and I went back to the spot where the bundles were dropped; he took them, and I took the prisoner to the watch-house; I asked what he had done - he said nothing at all; I produce the bundles - here are eleven pairs and four odd boots.
Prisoner's Defence. I was waiting at the corner of Pear-street - it was the Queen's birth day, and there were illuminations; I saw Allen come out of a cook-shop- he turned the lane and ran after somebody; I ran after him to see what was the matter - I turned down Orchard-street, and the Policeman took me.[Thursday, Sept. 16] GUILTY - DEATH . Aged 21.
First Middlesex Jury, before Mr. Justice Bailey.
GEORGE LAWRENCE . I am a furniture-broker , and live in St. John-street, in the parish of St. James, Clerkenwell . The prisoner was four or five months in my employ- on the 10th of August these ten sovereigns were locked up in a drawer in my first floor front room; I had the key of the drawer in my pocket - I saw them safe at half past one o'clock, and at two I sent the prisoner up to the room to fetch the back of a sofa down; when he brought it down to the shop my little boy asked my wife for a halfpenny, which she gave him, and the prisoner asked if he should go with the child to buy some pears - he went out with him, and did not return at all; I found him in custody on the 21st of August - I did not see him till then; when he went for the sofa-back he was in the room five minutes, and had an opportunity of going to the drawer - I have got none of my money again.
Cross-examined by MR. CLARKSON. Q. Are there not two parishes in Clerkenwell? A. Yes, but I am sure my house is in St. James' - I had a good character with the prisoner from his uncle; I always lock my drawers, and keep the key in my pocket - he always served me well; I have nothing to say against him - I would have trusted him with any thing; I believe this to be his first offence - his uncle is a purser in the Navy, and a respectable person.
COURT. Q. When did you miss the money? A. Not till eight o'clock in the evening, when I went to put some money by.
JOHN TUBB . I am a Policeman. I took the prisoner on the 21st of August, in Millbank-row - I did not make him any promise or threaten him; I asked if he knew Mr. Lawrence, of St. John-street - he said No; I told him I had reason to suspect him of stealing eight sovereigns from Mr. Lawrence, and he must go with me - he then said he did not take so many as eight, but acknowledged taking some, and at the station-house I heard him acknowledge taking seven; no threat or promise was made to him there - he said he had changed one sovereign at Mr. Morgan's, in Oakley-street, for a pair of trousers; I inquired, and found that true - he said he had lost some at Camberwell-fair, but he could not tell how many.
Prisoner. I do not remember saying what the Policeman says about the sovereigns.
Two witnesses gave the prisoner a very good character.
[Thursday, Sept. 16] GUILTY - DEATH . Aged 17.
Recommended to Mercy by the Prosecutor and Jury, on account of his youth, and previous good conduct .
Second Middlesex Jury, before Mr. Sergeant. Arabin.
1476. JOHN GORMAN was indicted for feloniously assaulting Andrew Jolly on the 4th of September , at St. John, Wapping , putting him in fear, and taking from his person and against his will, 1 tobacco pouch, value 6d.; 3 sovereigns, 35 shillings, 1 sixpence, and the sum of 1s. 2d. in copper monies, his property .
ANDREW JOLLY . I am a sailor , and came from the West Indies. On Saturday, the 4th of September, about eleven or half-past eleven o'clock at night (I do not know what street this happened in, as I am a stranger) I had been drinking at a public-house, but knew every thing that passed - I was not drunk; I had all my senses about me - I was going along a street endeavouring to find my way to my lodging; I am quite a stranger in London - I lodge at No. 20, Park-street, Limehouse; I inquired the nearest way of both men and women who I met, and must have been directed wrong; I was walking along, and received a violent blow behind me in the small of my back, and at the same time I got a blow on my forehead which bled very much - the blow was either with a first or something heavy; that blow knocked me backwards, and knocked me down - blood flowed from that blow; I could not see any body, for the moment I was down my eyes were covered over - I could not exactly say what it was by - it might be that the blows were so violent that I could not see, but it appeared as if I was covered with a handkerchief or something over my eyes; I could not see - I had from 4l. 19s. 6d. to 5l. 1s. 6d. about me; there were three sovereigns, and the rest in silver - it was in my breeches pocket; I did not feel it taken - I became insensible; I hardly knew what I was about - I had a tobacco pouch about me; I cannot say how many blows I received - it was more than two; I was obliged to keep my room several hours every day, and spit blood for nine days; I was very much bruised - my eye was not black, as it bled so much; as soon as I was able, I called Watch! Police! and Robbery! - I did not see any body running away from me; the prisoner was taken into custody by the Police, and my tobacco-pouch found.
MICHAEL MOSELY . I am a Police-constable. I was on duty on this Saturday night, in Hermitage-street, Wapping, about half-past eleven o'clock, and heard the cry of Robbery! Murder! Watch! and Police! I made towards the spot, and saw the prisoner running from the dock wall; he cut across, and ran down Hermitage-street - he was the first person running; he was running away very hard - when I saw him run I followed him; he met me, but turned down the street - I ran after him, overtook him, and collared him; when he found I was gaining on him, he called Watch! Watch! I collared
Cross-examined by MR. LEE. Q. It was half-past eleven o'clock? A. Yes - it was dark; there are gaslights there - Hermitage-street is a great thoroughfare; there were not many persons passing at the time - there might be one or two; I could see no more - I saw the prisoner plainly; I might be about the length of this Court from him at first; I had seen him before that night three or four times - there are three or four gas-lights, and he came running towards me; I first saw him coming from the dock wall - I took him in Hermitage-street, which may be one-eighth of a mile from the wall; I did not lose sight of him - I cannot say whether he knew me- I saw him in less than half a minute after I first heard the cry of Stop thief! it was all in a moment; there might be another person running.
COURT. Q. You said you first heard a cry of Watch! and Police! saw the prisoner, and nobody was running before him? A. I say there might have been, but I saw nobody.
ROBERT CAMPPEN . I am a Policeman. I was on duty on the night in question; Mosely and I were nearly together - I heard a cry of Murder! Watch! and Stop thief! ran towards the spot, and saw the prisoner running - he was the first person running; nobody was before him - Mosely was coming on way, and the prisoner another; he turned short round at the end of the dock wall, and Mosely caught him - we took him to where the noise proceeded from, and saw the prosecutor bleeding; he described what had happened, and appeared quite sensible - he said he had been knocked down, and robbed of his money; I took off the prisoner's hat, and found 1l. 11s 6d. in silver, and 10 1/2d. in copper - I found a tobacco-pouch in his right-hand jacket pocket; we went to where the man said he was knocked down, and found four shillings, some halfpence, and a penny piece - as we went to the watch-house the prisoner contrived to drop a sovereign, which I picked up; I believe it came from his hand - I had hold of his arm; he gave his arm a jerk, and the sovereign fell behind him - I opened his hand, and found half a crown and a halfpenny.
Cross-examined. Q. Where were you when you first heard the cry? A. Near Hermitage-bridge; I saw nobody else running, and am sure nobody was running before him - Hermitage-street is not very dark.
ANDREW JOLLY . This pouch is mine, and was in one of my pockets, I will take my oath - here is a head of tobacco, which was found on him; I had just such a piece in my pocket, but I do not swear to that.
Prisoner's Defence. I am a hard-working industrious man - the money is my own, so is the tobacco-pouch, and every thing; I always carry a pouch for my tobacco - the money I had in my hat I tied in a little handkerchief, to buy things with; when they searched me I took out the half-crown, that they should not take all my money - that man said he would settle me; he had the money in his hand, carrying it to the watch-house, when the sovereign fell - I am innocent.
[Friday, Sept.17] GUILTY - DEATH . Aged 27.
First Middlesex Jury, before Mr. Common Sergeant.
1477. JOHN DWYER was indicted for feloniously and burglariously breaking and entering the dwelling-house of Thomas Barron , at St. Marylebone, on the 6th of August , about nine o'clock in the night, with intent feloniously and burglariously to steal the goods and chattels therein .
THOMAS BARRON . I live in Little George-street, Portman-square, in the parish of St. Marylebone . On the night of the 6th of August, I fastened the house up, between seven and eight o'clock, and went to bed between ten and half-past ten; two gentlemen who sleep up stairs, and lodge with me, were in the house when I fastened it - nobody came in after I fastened it up, to my knowledge; about two in the morning I was alarmed by the breaking of glass - I got up, went to the window, and looked out, but could see nothing; I concluded it might be something thrown out of the opposite house, and went to bed - in about ten minutes I was alarmed by the Police-officer, who called to me by name to get up, saying there had been thieves on the premises; I dressed myself, unlocked the doors, and came down - the prisoner had then been sent away in custody; I examined the premises, and found some glass broken in a window on the first floor up stairs - it is a sash that is always shut, and hangs on binges overhead; it pushes up, and when let go it falls too - no property was taken or disturbed; I was not the first person that examined the window.
WILLIAM HOOKER . I am a Police-officer. On the night of the 6th of August I was on duty, and heard a rattle spring; I ran up immediately, and found the prisoner in Daly's custody, in George-street, near Barron's house - he was taken to the station, but not searched in my presence; I got on the top of the prosecutor's door, and saw the window broken - outside the window I saw a crow-bar and dark lantern, which appeared warm; one part of it was in one place, and another in another, as if it had fallen out of their hands - the window was broken; it then comes back - it might be swung back, and a person get in; I found a piece of crape and a bundle handkerchief on the premises.
MICHAEL DALY . I am a Policeman. On the morning of the 7th of August, I first saw the prisoner and two others standing against the chapel wall (the prosecutor's house is the Spanish Ambassador's chapel); as I went up, one of them pretended to be easing himself - I asked what they did there - he said he was there for a necessary
Cross-examined by MR. LEE. Q. Had you seen the chapel safe before? A. Yes - this is a front window on the first floor; I had been desired to look after that house, as it had been attempted two nights before - the pane of glass is about eighteen inches by fourteen; there was no ladder to the window, but there is a portico - it was after two o'clock; there is a gas-lamp about two yards off - he opened the window and came out; I examined the window after - it was not open then, but others had been on the premises; I took him as he came down off the portico- he was never out of my custody.
COURT. Q. Did you see him come out? A. Yes - he came out from under the window; the hinges are at the top - he came out of the window.
Cross-examined by MR. LEE. Q. This is the chapel window? A. Yes - there is a door communicating from my room to the chapel; it is under the same roof - the door comes out of my bed room into the chapel; I had fastened the window the night before - the only part broken was the pane of glass; nobody could get through that.
COURT. Q. If a person broke a hole in the window, and put his hand in, could he open it, and let himself in? A. Yes, by pulling it towards him he could go in under it - the room I sleep in is attached to the chapel; it is my ordinary room - the clergymen were only sleeping there a few nights, and slept in the garret; nobody usually sleeps there but me.
The prisoner made no defence.
[Saturday, Sept. 18.] GUILTY - DEATH . Aged 18.
1478. DANIEL McCARTY was indicted for feloniously assaulting Thomas Lightfoot , on the 23rd of July , at St. Clement Danes , putting him in fear, and taking from his person, and against his will, 1 watch, value 2l.; 1 chain, value 30s.; 2 seals, value 30s.; 1 key, value 10s., and 2 rings, value 10s., his property ; to which he pleaded GUILTY - DEATH . Aged 23.[Monday, Sept. 20.]
First Middlesex Jury, before Mr. Baron Bolland.
1479. HENRY GRAY , ALFRED SHAW and RICHARD TILSLEY were indicted for stealing, on the 16th of August , at Finchley, 1 time-piece, value 15l., and 1 glass shade, value 2l., the goods of Isaac Sutton Cooper , in his dwelling-house .
ISAAC SUTTON COOPER . I have a house in the parish of Finchley . On the 16th of August, between four and five o'clock in the afternoon, I was walking in my garden, and received information from my son, in consequence of which I missed a time-piece from my dining-room mantel-piece, and a glass shade which was over it; I had seen it safe between one and two o'clock - I had not noticed the prisoners about; the dining-room window was open - it looks towards the road into the front garden, but I was in the back garden; a person in the road could see the window was open - the time-piece and shade together were worth 18l. or 19l..
GEORGE CHAMBERS . I live at Hornsey, near the church. I am beadle and constable. On Monday afternoon, the 16th of August, a few minutes before five o'clock, I saw the three prisoners coming in a direction from Muswell-hill, and followed them - they were near the workhouse; one of them was asking a man the way to Hornsey-wood, but which I cannot say - Gray was carrying a bundle on his head, tied in a gardener's blue apron, filled with grass; I asked him what he had got tied in his bundle - they were altogether; he said he had got a bundle of grass - I asked where he was going to take it, and told him I suspected he had something more than that, and to put it down, which he did; he untied two of the corners, threw them back, then stooped down, took up two handsfull of grass, and said, "Now I suppose you are convinced it is nothing but grass" - he put the grass down, and was going to tie the apron up, but I said untie the other; he refused - I did it, and found the time-piece in it; when I stooped to untie it the other two ran away - I gave an alarm of Stop thief! and they were taken almost immediately; I took them home, and found a letter on Shaw sealed up.
JOHN GRUB . I live on Finchley-common, within a quarter of a mile of Mr. Cooper's. On the 16th of August, a little after four o'clock, I stood at my gate, and saw the three prisoners, I believe, and two men coming along the road in company; they were coming towards Muswell-hill - Gray stooped down, and was packing something up; the others stood by the while - they then went over the fields behind a house, about one hundred yards from me; they were there about five minutes, and then went towards Highgate, and I lost them - I was not above sixty yards from them, but could not see what they were
Tilsley. Q. Do you say I was one of them? A. I will not swear to any of them, but to the best of my knowledge they appear like the three boys.
MR. COOPER. This is the time-piece I lost on the 16th of August; the window is about two feet from the ground.
Gray's Defence. I was going along with three more boys fishing; I met two gentlemen, who called me and asked me to carry that bundle, and said they would give me a shilling, and being hungry and willing to earn a shilling, I took the bundle; they told me to carry it to Hornsey-house.
Shaw's Defence. In the street Tilsley, lives a cart came to bring some straw to a man - we rode in the cart to Muswell-hill, and when we got out I picked up that letter.
Tilsley's Defence. We asked a gentleman the nearest way to London - he sent us over Muswell-hill; we met Gray - he asked us the way to Hornsey-house; we did not know, and asked a man, who said straight on - the gentleman met Gray, and called after us; we ran away as we were heaving stones.
One witness deposed to Gray and Tilsley's good character, and two deposed the same for Shaw.
GRAY - GUILTY - DEATH . Aged 13.
TILSLEY - GUILTY - DEATH . Aged 14.
SHAW - GUILTY - DEATH . Aged 13.
Recommended to Mercy by the Prosecutor, on account of their youth and previous good character .[Monday Sept. 20.]
First Middlesex Jury, before Mr. Recorder.
WILLIAM CHAMBERLAIN . I am in the employ of Mr. James Hill, a farmer , who lives at Sunbury, in the parish of Harrow . On the 19th of September these sheep were in a small meadow near the farm; they had only come into Mr. Hill's possession that night - there were four hundred of them: I kept watch through the night - I was in a small meadow adjoining the one they were in; a hedge parts the two meadows. I have known the prisoners nine years - they lived near me, and I knew their voices well. About half-past one o'clock in the night I heard the sheep disturbed, and after that heard a hurdle crack, as if it was breaking; there were two hurdles set in a gateway, to from a gate, and I heard the voices of both the prisoners speaking to each other in the field where the sheep were disturbed - they said to each other "We will make a thorough clearance;" I had John Barnes with me at the time - I did not see any thing; we made away under the hill, towards Leach's house, and stood under the hedge leading to the prisoner Leach's house - we concealed ourselves there as soon as we heard the conversation; it was a dark night: they came across the small meadow, and while they were standing under the hedge near us I heard the sheep bleating, and then we heard something chucked over the hedge, about twelve yards from us; it was two substances - we then heard two persons get over the hedge - I heard no voices in the field where the sheep were except the prisoners': they went across the road to James Leach's garden; we could see something on their shoulders, but could not exactly tell what; we could hear the sound of their feet on the gravel-walk up to James Leach's house, and could see two men, but there was not light enough to distinguish their features; it was then nearly two o'clock- I could not hear the door open; I immediately went and called up Mr. Hill - he lived about one hundred yards off, and Leach's house is about fifty yards from where we were concealed; I went with Mr. Hill to Leach's door in about a quarter of an hour - Barnes went for a constable, who came to the door to us; we demanded admission, but were not let in - Leach came down to the door, and opened it; the parish constable told him he wanted to look over his house - Leach asked him what for, and the constable told him it was concerning two sheep; I stood at the door while Hill and the constable went in - I did not see Gristwood there - I left before the search was over: I afterwards saw the skins of two sheep in possession of the horse patrol; Leach had no light in his house - Mr. Hill went and got one himself, and on his returning with it Leach refused to let them in to search - the patrol brought two sheep out of the house while I stood at the door; one had began to be flayed, but the other was entire - they were two of the sheep which had been in the meadow - one was marked I. in a ring, and the other S. in a ring; I had not observed the sheep in the meadow - I afterwards saw how they were marked; there were some marked the same as these two, sixty of one lot, and fifty of the other; I missed two sheep out of the four hundred, and believe these to be them; the prisoners were taken before a Magistrate, and committed.
Cross-examined by MR. CLARKSON. Q. Mr. Hill lives at Harrow-hill? A. No, that is a relation of his; he lives at Sunbury, and he has no partner; the prisoner's house is about two hundred yards from where the sheep were - I am quite certain of both their voices; I had seen them about two days before.
JAMES TREWER . I am a horse patrol. On the night of the 19th of September Mr. Hill called on me; I went and met him at Leach's house - I went into the house, searched, and found Leach in the house, and saw Gristwood in charge of May, a patrol, up stairs in the house; I found two sheep there, in the bed-tick, covered over with the tick and feathers; they were dead - Mr. Hill claimed them; I did not hear the prisoners give any account of them.
Cross-examined. Q. Was Leach drunk or sober? A. I considered him sober - I did not get there till seven o'clock in the morning.
CHARLES MAY . I am a constable. I went to Leach's house a little before seven o'clock, and found Gristwood in a closet there; I saw Trewer find the sheep - they were in the front room, within the ticking of the bed, and Gristwood was in the back room - Mr. Hill claimed the sheep.
Cross-examined. Q. Does any body share in your business? A. Nobody.
Leach's Defence. I was going home from the Black Horse on Saturday night, about eleven o'clock, was very tipsy, and this man was with me, going to see if we could get some more beer, and by Jones' orchard I said, "There is something lays by the side of the road;" I went to feel it, and fell down on the two sheep, but whose sheep they were I could not say; I took them home, and when the witnesses came to my house I was in bed - I got out, looked out of window, and said, "Halloo! who is there?" Mr. Corby said he wanted to speak to me; I went down stairs, opened the door, and Corby I believe came in - I could not find the matches to strike a light; Hill went home and brought one - he came in doors: I said, "I do not think you have any great right to search my premises at this time of night;" Hill said, "Come on," and when they had got six or seven yards Barnes said, "There is no doubt but what the sheep are here;" Hill said, "Then stop here all night;" this man was in my house at the time dead asleep, as he went home drunk - I did not know what to do with the sheep; whether they were his or any body else's I knew I was wrong in having them there.
Gristwood. I have nothing more to say than Leach has said.
LEACH - GUILTY - DEATH . Aged 48.
GRISTWOOD - GUILTY - DEATH . Aged 27.[Thursday, Sept. 23.]
Second Middlesex Jury, before Mr. Justice Bayley.
MESSRS, CLARKSON and BODKIN conducted the prosecution.
PETIT MILLICAN . I am a bricklayer, and live at No. 9, Portpool-lane, Gray's Inn-lane. On Monday, the 16th of August, I had been to Cromer-street, and was returning home a few minutes before twelve o'clock at night - I passed the corner of Well-street, leading into Gray's Inn-road; there are houses on one side of that street, and the brick wall of St. Andrew's burial-ground on the other - the wall turns again down at Gray's Inn-road, towards Battle-bridge, and in the centre of the wall is the gate leading into the burial-ground; at the opposite corner of Well-street is the Calthorpe Arms public-house - on arriving at the angle of the wall in Gray's Inn-road, I just pulled out my watch to see the time, and saw three men come up Well-street into Gray's Inn-road , and turn towards Battle-bridge - they walked at a fairish pace: just after that I saw a Policeman come up Well-street, following them - he was running after them, and apparently out of breath; the three men looked very hard at me as I looked at my watch, and I looked hard at them - hearing the Policeman running I stopped, thinking there was something amiss; they had passed me scarcely a minute before the Policeman asked me which way the three men had turned - I told him they were just gone round the corner towards Battle-bridge; I stepped back with him up to the three men, who were walking on - I was eight or nine yards behind the Policeman; I saw him come up to them, and heard him say to the three men, "What have you been after?" they all three immediately hustled around him, surrounding him, two on his left side, and one on the right - the one on the right was nearest the wall, and the other two next the carriage-way; it was very near the gate of the burial-ground, and momentarily I saw one of the two who were on the left side of the Policeman strike a left-handed blow at him - he struck his left arm very sharp back to the Policeman's left side - he was the nearest man to the Policeman's left-hand side; I cannot say whether he struck the blow with his right or left hand; I saw his arm very plain - I cannot tell whether it was the hand that was nearest to him.
Q. Then when you say you saw him strike his left arm, it must be a mistake? A. I cannot positively say which arm it was, but I saw his arm go very plain to the Policeman's left side - it was a very sharp blow, very quick; the Policeman instantly fell down on his right knee, and said, "Good God! I am a dead man;" I heard that very plain - the two men on his left ran down Gray's Inn-lane, towards Battle-bridge; the prisoner was one of those two- the other man turned short, and went down Well-street, the same way as they had come up: I am certain of the prisoner, for I followed him down, and never lost sight of him till he was stopped by Mr. Cubit's private watchman, Prindwill - I found him in his custody about one hundred yards from where the blow was given, or it might be more but I followed him; it was near Cubit's premises - I never lost sight of him: while I was following him I saw him throw something to the right and something to the left - I pointed out the spot to Joseph Clements .
Cross-examined by MR. ADOLPHUS. Q. The spot where the Policeman met his death was not so well lighted as some other places? A. There is a light right opposite the spot, so that I could see very plain, and there is a lamp on that side - the light was so strong I could see any thing - my watch wanted about twenty minutes to twelve o'clock- I could see that; I never saw the prisoner before - people very soon came up to pursne, but I saw the prisoner very distinctly all the way till he was taken, as plain as I do you; I should think twenty or thirty yards the greatest distance he was from me - he crossed the road - I do not know that I should know the features of any of them, but I followed Smith; I should think not half a minute elapsed from the time the Policeman spoke to them till he fell - they were very quick about it; a young man named Dennis was running with me, and there were two or three running behind me - nobody was between me and the prisoner- he was the only person before me, I am quite sure; I lost the man who ran with the prisoner in a dark corner, when he had run about forty yards, before I saw the prisoner throw something to the right and left - I came up directly the watchman had caught hold of him; I saw no mark of blood on any part of him - I went with him to
COURT. Q. Of the two men you saw on the Policeman's left hand side, was the prisoner nearest to him or not? A. He was nearest - I cannot say whether it was him that struck; I saw the arm go very plain, and it certainly was the arm of the man who was nearest to him - the two stood very close together; I am sure the prisoner is the person who stood nearest to him.
MARY ANN GRIFFITHS . I am an unfortunate girl. On the 16th of August I lived in Pheasant-buildings, Gray's Inn-lane - I knew Long the Policeman by sight; I never spoke to him but three times - I saw him, and spoke to him on the night in question, about a quarter to eleven o'clock, in Gray's Inn-road; he was coming with his face towards Battle-bridge, and he gave me 1d. - I wished him good night, and went towards Victoria-street, Battle-bridge; I came back from there about twenty minutes or a quarter to twelve o'clock, and came down Gray's Inn-road, with my face towards Holborn - I there met a gentleman, and went with him to the Calthorpe Arms, but did not set down there - I had a glass of rum, and he a glass of ale; we left immediately - he came out of the house with me, and had hold of my right hand; he was next to the wall - we came on as far as the burial-ground gate, and stopped - he held my hand, and I was looking towards Well-street - I saw three men, and a man rather behind them; they were coming towards me - two of the three immediately surrounded the man; I cannot say whether the other surrounded him - they were more towards my left side, near the kennel; they surrounded the man who was coming behind; I did not see what became of the third man - I saw one of the two men run away; he had one a blue coat with very large capes, and was rather broad in the shoulders - his coat was buttoned straight down with gilt buttons; he seemed to me rather in a state of intoxication - he came first towards where I stood, then reeled across the road, and the instant he ran away (the one in brown had his great coat open, and his close coat appeared to me more of a brown than the great coat; I was so close under the lamp I could see the inner coat was more brown than the top coat - there was sufficient light to distinguish colours) the one in the brown coat struck the Policeman in this way(backhanded) - I did not see that man's face till I saw him turn towards me, which he did immediately after he had struck - I then observed his features; he ran across the road, in a direction towards Battle-bridge - I was still standing under the lamp when he passed me, and saw his face - the instant he ran away the Policeman placed his hand out and said, "Stop him! I am a dead man;" there are two gas-lamps at the gate of the burial-ground - I attended to the deceased, and did not pursue the man: I did not lose sight of him from the time I saw him strike the blow till he passed me near the lamp - he passed within five yards of me.
Q. When did you see that person again? A. I saw him about five or six minutes after - I was then at the surgeon's door; the prisoner is that man, but he had a brown coat on when I saw him - he was between two men; I do not know whether they were Policemen - I did not know he was in custody; he was quite close to me, and I said, "Good God! that is the man that struck the blow;" I did not observe whether he made any answer - he must have heard me; it was him I applied the observation to - I had not the least doubt of his being the man who struck the blow, nor have I now; William Wilson has pointed out to me a spot in Gray's Inn-lane - I saw the prisoner at that spot; it is the very spot where I lost him.
Cross-examined. Q. You had been drinking with a gentleman just before this transaction? A. Yes; I had a glass of rum - I had not drank with any body else that day, and was perfectly sober; I had drank nothing else- three persons went up to the Policeman; they first had their faces towards Battle-bridge; they instantly surrounded him - the two that were on my left side, nearest the road, surrounded him first; I do not know what the other did - the prisoner was nearer to the Policeman than the man in blue, but they were all three close; the prisoner and the man in blue were the closest; the other seemed more distant from him - the one in blue started first, and the prisoner next; it was all done in an instant- I saw the man in blue as far as the riding-school, about the length of this Court; as I went to assist the deceased my back was towards the persons running - there was another man examined at the office, but I was not examined about any body but the prisoner; there were a great many taken up whom I could not speak to - I was asked about them, but knew nothing about them whether they were the men or not; I never saw the prisoner before - I saw Millican there; he seemed coming in the same direction as the Policeman, and was nearer to him than me; Dennis came to my assistance - the prisoner ran as fast as he could.
COURT. Q. Did you see the blow actually given, or only the hand lifted up? A. I saw the hand lifted up towards some part of the Policeman's bosom - I saw him in the act of striking against his bosom; the man in blue had run away before the man in brown struck.
AMOS DENNIS . My father is a milkman, and lives in James-street, Wellington-square, near Gray's Inn-road. On the 16th of August, about ten minutes or a quarter to twelve o'clock, I was in Gray's Inn-road, going towards Battle-bridge, and just as I passed the corner of the burial-ground, I saw four persons before me: as I came nearer I saw the one rather behind the other three was a Policeman - he appeared to be driving these men on before him; two of them were on his left hand, and one on his right - I was ten or twelve yards from them; there are three gas-lights, one nearly opposite the burial-ground, which gave a strong light, and one on each side the burial-ground - I am positively sure the prisoner was one of the three; he was the nearest one to the Policeman on the left side - I saw his hand go towards the Policeman backhanded; it seemed to go very sharp - the Policeman instantly fell on his right knee, with his left leg out; the man on the right hand then turned short round to the right, and passed me - he went into Well-street, for I looked round almost immediately, and missed him - the prisoner and the other man went off at first towards a wall, and as soon as they got a little distance into the dark I observed them set off at full run; I went and took hold of the Policeman, who was on his right knee, with his left
Cross-examined. Q. You was coming from Well-street? A. No, down from Holborn way - I passed the end of Well-street, and saw Millican; I can positively undertake to say the prisoner was one of them - he was the nearest to him; the wound was on the left side, towards the front, between the fourth and fifth rib.
Q. If you were behind, and the blow struck on that part, could you see which of four arms struck that blow? A. Yes, because his back was towards me, and at the time the prisoner struck he turned his side face towards me; the Policeman was very close to the prisoner, but the other man on the left stood farther off - there was a small space between the two on the left; I could see between them - I am certain it was the prisoner, and not the other man who struck the blow; I pursued, and Millican stopped behind, I believe - I did not see him; he might be behind me: I noticed a man standing just as I got up to the Welsh school, but saw nobody standing or moving between me and the prisoner - I had a better opportunity of seeing what any body did than any body else who was pursuing; I did not see any action of the prisoner throwing any thing away.
COURT. Q. The Policeman did not strike either of the men, did he? A. I did not see him - he appeared to be driving them along - I did not hear him say or do any thing; I ran as fast as I could - Millican was not before me; he might be behind or nearly by my side, but I did not see any thing of him.
THOMAS PRINDWILL . I am watchman to Mr. Cubit, of Gray's Inn-road, between St. Andrew's burial-ground and Battle-bridge. On the night of the 16th of August I was on the premises, and heard a cry of Stop thief! Murder! and a rattle spring - I immediately went out of the gate on the pavement, and saw a man running towards me, in a direction from the burial-ground; he was on one side of the road, which is a dark side, and the opposite side to where I was; I crossed over to stop him - he ran across to the other side, to avoid my taking him; I secured him: several people were running after him, giving the alarm - I did not notice Dennis; a Policeman came and took him out of my hands, and one person told me to stop that man at the time he was running - I should not know that man again; I hardly know what passed when the Policeman came up, for as soon as he took him from me I went over to master's premises - when I took hold of him I asked the man who told me to stop him what he had done; he said he had stabbed a man down the road, or lower down, I am not certain which - the prisoner said he knew nothing about it; he was the first man I saw when I came into the road - there was nobody between me and him.
Cross-examined. Q. You came out of Cubit's premises on hearing a cry, and at that time the first man you saw was the prisoner? A. Yes - I stood a few moments till I heard the cry, and a man told me to stop him before I did so; I did not notice whether his hands were bloody.
JOHN NEWTON . I am a Policeman of the division E. I was on duty on the night in question, and saw John Long about thirteen minutes before twelve o'clock that night, and a few minutes before twelve I heard an alarm, but saw nothing of the transaction; I first saw the prisoner about ten yards from Prindwill, and saw him stop him - I went up, and found him in custody; as I ran after the prisoner I kicked a coat, but did not pick it up - it was afterwards picked up by Fuller; I was about five yards from him, but did not see him pick it up: I kicked against it in the direction the prisoner had run.
Cross-examined. Q. What age was the deceased? A. About thirty-five; he was in good health when I left him- I saw no marks of blood on the prisoner.
JAMES FULLER . I am in the employ of the Police, and was on duty, but did not see the prisoner till he was in custody; Johnson was there, and said, in his hearing, "I am sure I saw him throw something like a coat up in youder corner," pointing to it; the prisoner said nothing to that - he was near enough to hear it; Johnson also said, "I am sure that is the man:" the prisoner made no reply at all - I searched the spot pointed out by Johnson, and picked up a brown great coat, which I produce; I have had it ever since: on the other side of the way I found a crow-bar - this was about ten minutes to twelve o'clock, almost immediately after the man had been stabbed.
COURT. Q. Was you present when the prisoner was taken? A. Yes, he had no great coat on then; I cannot exactly say what colour his close coat was.
WILLIAM WILSON . I was coming on duty as a Policeman on the 16th of August - the prisoner was in custody before I came up; I went to the surgeon's, and saw the deceased's body - I did not know him; he had on the Police uniform, with G. 43 on the collar - the blade of a knife was in the possession of Mr. Holmes' young man - it had been just taken out - several persons were there; I received the knife from Clements at Hatton-garden office; Griffiths was at that time gone to the station - I saw her about twenty minutes to one o'clock - she went with the inspector and me to Gray's Inn-road, and about thirty or forty yards from the burial-ground gate, in a direction to Battle-bridge, I found the handle of a knife with a spot of blood on it, which got rubbed off in my pocket - the blood seemed fresh, but I thought it was
Cross-examined. Q. You saw the prisoner as soon as he was taken? A. No, not till he was at the office; I saw no blood on any part of him.
JOSEPH CLEMENTS . I am a Policeman of the division E. 102 - I did not know the deceased. On the 17th of August, in consequence of information, about half-past three o'clock in the morning, I went and examined about Gray's Inn-road, and found three files and a brad-awl nearly close together under the dead wall behind Mecklenburgh-square - I have shown the spot to Millican, Dennis, and Johnson; I delivered the blade of the knife to Wilson - I received it from Mr. Holmes, the surgeon.
Cross-examined. Q. It is such a knife as shoemaker's use? A. I do not know.
JOHN NEWTON re-examined. I knew the deceased well, he belonged to division G. No. 43 - I saw his body after death, outside Mr. Holmes' door, waiting to be carried in - he was quite dead: he had his Police dress on, with his number and division marked; I did not see any thing in his body.
MR. JAMES HOLMES . I am a surgeon, and live in Guildford-street. The deceased was brought to my house about twelve o'clock on the night of the 16th - he was dead then; I saw the body immediately - it had a Police dress on; Dennis and a number of people brought it in; on examining the body, I discovered a knife which had penetrated between the fourth and fifth ribs on the left side; I tried to draw it out, but could not, and while I went to get an instrument, it was drawn out by Mr. Shipman, a surgeon; when I returned, I found the wound without the knife in it - the knife produced was given to me as the same; I gave it to Wilson; I cannot say who handed it to me - it was handed about; I afterwards opened the body, and found the knife had penetrated the heart, and there cannot be a doubt that caused his death.
Cross-examined. Q. He was a young man in apparent health? A. Yes; a great deal of blood had not effused from the wound externally, it was more internal; I suppose that arose from the knife remaining in the wound; I think it probable such a wound might be inflicted without blood coming on the person who did it, the knife remaining in the wound and the clothes on the body.
COURT. Q. Would not the flowing of the blood be obstructed in some degree by the knife remaining in? A. Yes; and the clothes would prevent it flowing on the person's hand - the clothes were saturated with blood - the knife had penetrated about four inches; considerable force had been used to send it that depth.
Prisoner's Defence. I am a baker by trade; I never had a shoemaker's knife in my possession - no person can say I ever had; it is not my disposition to strike any body; I am innocent so help me God.
[Friday, Sept. 17.] GUILTY - DEATH . Aged 36.
OLD COURT. THURSDAY, SEPTEMBER 16.
First Middlesex Jury, before Mr. Justice Bosanquet.
MR. CLARKSON conducted the prosecution.
GEORGE HILL . I keep the North Pole public-house, Oxford-street . A "Staymakers' Benefit Society" was formed and held at my house; the prisoner was a member, and he lodged at my house for two months before the 10th of September - the society's cash-box was kept in the club-room, and was left there on the Thursday evening, and about a quarter past five o'clock next morning the Police alarmed me; I looked out of window, and saw the prisoner standing by the Policeman - a coach was there; the Policeman said, "Here is a man with a box and great coat," and that he said he was a lodger of mine - I asked who it was; the prisoner looked up and said, "It is Windsor," which is a nick-name he went by, as he had resided there - I said it was all right, and shut the window down, but on recollection I was not certain whether he had brought a box to the house; I immediately went to the club-room and missed the society's box - I dressed, went down, and gave notice to the Police; I saw the box again the same morning, about seven o'clock, at St. James' watch-house - it was then broken open; it was under my care.
Cross-examined by MR. PHILLIPS. Q. The club was held at your house? A. It has been kept there upwards of three years; the prisoner had been excluded from the club the night before the box was taken - he had been a member for three or four months before; they had reinstated him.
THOMAS LOVE . I am secretary to the Staymakers' Society. They met at the North Pole on the night of the 9th of September; the prisoner was excluded that night - he had been excluded before, but was reinstated; I saw the steward lock up the box about twelve o'clock that night - there were two small boxes in a large one; they contained 45l. 18s. 11 1/2d. - I saw the box the next morning, about ten o'clock, at the watch-house; the large box was broken open, and one of the smaller ones which had been in it, and 20l. 0s. 0 1/2d. taken from that box - William Dobson belongs to the society.
Cross-examined. Q. How long had the prisoner been a member? A. Altogether about fifteen years, and contributed to the funds during that time; he has made claims which the club have resisted - he was excluded for breaking the articles; he was on full pay and had no right to be out of his house, but two men went down to Windsor, and found him, after nine o'clock on a rainy night, shutting up his shop - he contributed 4s. 6d. quarterly.
MR. CLARKSON. Q. Is it a rule that a member to receive full pay should be so sick as to be unable to leave the house? A. Yes, except into the yard.
JAMES WARD . I am a Policeman. On the 10th of September, at five o'clock in the morning, I was near the North Pole with my serjeant, and saw the prisoner coming from there with a coat and box; I alarmed the landlord, who said it was all right - I let him go into the
Cross-examined. Q. He never denied taking it? A. Never, he said he had been to Mr. Harmer's to inquire if he had acted legally in taking it, and found he had done wrong; there was 25l. 18s. 11d. in the box which was not broken open - any body shaking it could tell there was money in it.
MR. CLARRSON. Q. Did he state he had consulted Mr. Harmer before he did it? A. No - he took it and then went to consult Mr. Harmer; here is the box - I found a poker laying by the side of it.
The prisoner in his defence stated, that he had been expelled from the society for not leaving his employment, but was reinstated - that he was afterwards on the books on account of illness, and had been expelled for putting up his shutters, his wife being unable to do it; he had produced to the society a certificate from his surgeon, but they refused to attend to it, which irritated him, and he took the box, not from dishonest motives, but that they should reinstate him.
GEORGE ROBINSON . I am a clerk to Mr. Harmer, a solicitor. The prisoner came to me at a quarter to nine o'clock in the morning, to inquire whether he had done right or wrong in taking the box; I told him he had done wrong - he said he would surrender instantly; I advised him to meet me at the Police-office, at eleven o'clock - I went to the Society to let them know he would surrender, and in the mean time he was taken; I know one of our clerks went to the society to offer them 10l., and security for the remainder, which they refused - I cannot say what became of the rest of the money.
Prisoner. I put down 10l. in Mr. Harmer's office - I paid 30s. for expences; 5l. I left at a public-house, and do not know what became of the rest - I was frightened and flurried about it. NOT GUILTY .
Before Mr. Baron Bolland.
1483. ANTHONY NYLAND was indicted for feloniously assaulting James Brown , and with a certain sharp instrument, feloniously, wilfully and malciously cutting him in and upon his face and left cheek, with intent to kill and murder him .
TWO OTHER COUNTS, stating his intent to be to disable or do him grievous bodily harm.
LAWSON HOLMES . I am a grocer, and live in Ratcliff-highway. On the 12th of September I was in High-street, Shadwell , with James Bourn , my son-in-law, and observed Captain s Brown and Smith walking together arm-in-arm; they were strangers to me: I saw the prisoner there in the carriage-way - he is an Irish piper , and had bagpipes with him; he was about a dozen yards from the captains - I saw him come from the road on to the pavement behind the captains, touch Captain Brown on the left cheek, withdraw his hand, and instantly put it in the same attitude; I saw blood run from Captain Brown's left cheek, and perceived that he had cut it - Brown called out, "Oh, Lord! my cheek is cut;" I saw the prisoner run off with a knife in his hand - nobody but him was near the gentlemen at the time it happened; I immediately pursued with my son-in-law, and took him - a scuffle ensued; he struck me over the face, and made my nose bleed very fluently; the Police came to my assistance, and he was secured: I could only see the blade of the knife - he was holding it down; a knife was found close under him, by a little boy, where we took him - it was a small double-bladed knife; I cannot say whether the blade was open.
JAMES BOURN . I was in company with Holmes; we met Brown and Smith - I first saw the prisoner with his hand on the left side of Brown's mouth; he said nothing - I saw him run away; I only saw him put his hand once to the cheek - Brown called out, "That fellow has cut my mouth;" the prisoner was near enough to hear that - he had got three or four paces; I vran, and seized him by the collar - I saw nothing in his hand; he made very great resistance, struck me on the head, levelled a blow at my face, and we fell together, but I kept my hold till the Policemen took him: while I was on the ground he twisted his legs round me, and endeavoured to get from me; he said at the watch-house he hoped we should forgive him - we had not said what he had done; during the struggle a knife was handed to me by some person - I did not see where he got it; I handed it to Fagan.
JOHN SMITH . I am master of the Fortitude. I was with Mr. James Brown , in Shadwell High-street - he is master of a vessel; the prisoner came up behind us, and cut Brown's face; I never saw him till then - we had not said a word to him, nor had he to either of us; I could not see the knife in his hand, but it bled - he cut right across from the corner of the mouth to the back of the ear; Holmes and Bourn went after him - I took Brown to Mr. Arthur, the surgeon, directly; his coat collar was cut full two inches right through.
WILLIAM JAMES MOORE . I am a pupil at the London hospital, and reside with Mr. Arthur, High-street, Shadwell. Smith brought Brown to our shop; I found a wound extending from the angle of the mouth in a straight direction to, under, and behind the ear - it appeared to have been done with a sharp instrument - the cheek was not entirely divided, but the integuments were divided right through the facial artery; I could see the extent without probing it - the deepest part was about half an inch; he has been under my care till this time; the wound is doing well, but he is incapable of attending here.
GEORGE COCKING . I am a Policeman. On the 12th of September I was on duty, and saw the prisoner walking in the middle of the street with bagpipes under his arm; he walked firm, and orderly, and did not appear tipsy - I perceived him all at once turn on the footpath, and make a sharp walk; I did not see him go up to any body; I heard Holmes cry out Stop him! he came into the road - I proceeded towards him, and Bourn had just got hold of him; Holmes cried out, "Mind, officer! he has got a knife, for he has cut the gentleman's face" - I examined his hands, but he had no knife then; this was about twenty yards from the spot where the act was done, for he made a sort of round: he made very great resistance.
Prisoner. Q. Where are the pipes you took from me? A. At the station-house.
Prisoner's Defence. I came to London about Christmas, and got very good success sometimes, and poor at other times. I was in a lunatic asylum at Liverpool for about four weeks - it is called St. John's college; not being well encouraged here I was obliged to pledge my pipes for 12s., and to pay 4s. or 5s. out of it which I owed- I was a week without them, and being subject to fits of madness I threw myself into the river, which the turnkey of the Compter can certify, for I was there three days: what happened about this I cannot say; if any thing happens to me I wish to know what has happened to the Union pipes, which are the cause of my getting my bread.
THOMAS COPELAND . I am a turnkey of Giltspur-street Compter. The prisoner was there seven or eight weeks ago, for three or four days; he was brought from Blackfriars-bridge by Martin, the bridge-keeper - he had thrown himself into the river; his clothes were wet through - I immediately sent him into the infirmary, where he was stripped; I saw him several times, but saw nothing particular in his state of mind - I did not converse with him the night he was brought in; I was not with him above five minutes.
SUSANNAH CHEYNE . I am nurse at the Giltspur-street infirmary. The prisoner was brought there the beginning of August, and was under my care a day and a night; he was perfectly sane as near as I can judge - I saw no insanity.
HENRY MARTIN . I am the bridge-keeper. On the 6th of August, between one and two o'clock in the morning, I saw the prisoner jump off the balustrades of Blackfriars-bridge; he was picked up by some watermen, and brought ashore with his clothes on; I took him to the Compter - he wanted to upset the boat, and throw the two men out who picked him up; he did not appear intoxicated - it took seven or eight watermen to carry him from the bridge to the Compter, he was so violent, but it did not appear to arise from intoxication; he said distress at the loss of his pipes caused him to do it - I took him to the office next morning; when he got to Wood-street he threw himself down, and would go no further.
NOT GUILTY, believing him to be insane at the time .
Before Mr. Baron Bolland.
1484. ROBERT WHITE was indicted for breaking and entering the dwelling-house of Thomas Adams , on the 10th of July , and stealing 1 fixture, (i.e.) 1 copper, value 14s., his property, and fixed to his dwelling-house .
ELIZABETH RICHARDSON . I live with Thomas Adams , at Nos. 8 and 9, Great Pulteney-street ; he occupies both houses, and they communicate internally - it is all one house; I sleep on the first floor, over the door. On the 10th of July I went to bed between three and four o'clock- I had been washing, and saw the copper fixed in the kitchen between eleven and twelve o'clock that night, and left some dirty cloths in it: I was awoke by the door shutting, and heard the clock strike five - the door was fast before I went to bed, and every place safe; six other persons reside in the house - there are five lodgers, all of whom have a key of the outer door; when I went to the door one of the lodgers had not come in - I cannot say whether he came in afterwards: I dressed and went down at five o'clock, and found the door on the latch, as I had left it - I went into the kitchen at eight, missed the copper, and found all the dirty things about.
Prisoner. Q. If the lodger had come in and shut the door with great force, it might have rebounded, might it not? A. I swear nobody went up stairs after I went to bed; the partition of my room is very thin, and I must have heard them - when the door shut at five o'clock nobody belonging to the house went out.
MARTIN RODNEY . I live in Husband-street, Golden-square, and have a house at No. 1, Cock-court. On the 10th of July, a few minutes before six o'clock in the morning, I went down there, and saw the prisoner with another young man, in the dust-hole in the kitchen - they had no business there, and must have gone there to hide; they do not live in that house - they had a basket and this copper; I asked if they lived in the house - they said not - I asked what they had got in the basket; the prisoner said a bundle for the person next door - I took the prisoner into the street, and gave him in charge with the copper; the other man went away - I was not able to keep both.
Prisoner. Q. Do you mean to say you saw me in the dust-hole with the copper? A. Yes, it was down stairs by the water-butt that I spoke to you; I found you down in the kitchen - it is a little place of a yard by the waterbutt; I have a lodger named Hinton - you did not say the bundle was for him.
WILLIAM MORLEY . I am a Policeman. I received the prisoner in charge on the morning of the 10th, with the copper; I found two latch-keys on him, one of which I tried, and it opens the prosecutor's door - I asked how he came by the copper - he said that would be further stated when he came before the Magistrate.(Property produced and sworn to.)
Prisoner's Defence. I solemnly declare my innocence - I went to this house to call up Hinton, as we both work together; I had just got into the passage, and knocked against the partition as usual, to awake him, when this man came and said, "D-n you, you don't live here - what do you do here?" I said I had come to call Patrick; he said I had come to steal the water cock - he went down stairs, found the basket in the dust-hole, and brought it up, opened it on the pavement, and said, "This has been taken
NOT GUILTY .
First London Jury, before Mr. Recorder.
1485. WILLIAM EVERETT was indicted for feloniously receiving, on the 5th of July , three 50l. promissory notes, the property of Thomas Jamieson , then lately before stolen, he well knowing the same to have been stolen .
MR. PHILLIPS conducted the prosecution.
HENRY LAVENDER . I am a tailor, and live at 78, Fleet-street. On the 7th of July, about eleven o'clock in the morning, the prisoner came into my shop, and purchased a suit of clothes, for which he agreed to give me 6l.; he gave me his name William Everett , and told me to send the clothes to Mr. Lewis', in Wych-street - he offered me a note, remarking at the time that it was a 50l. note - it was a branch-bank; I took it in my hand, and told him I had not sufficient change in the house, but I would send my brother to the Bank, and get it cashed - he said very well, and sat down; I sent my brother with the note, and at the expiration of an hour he said he would step out for a few minutes, which he did, and returned almost directly, waited a considerable time, then went out again, and when he returned he was detained; Mr. Christmas was then in the shop - I had written " William Everett " on the note, before I gave it out of my hand to my brother, and am sure I gave him the same note I received - the prisoner asked where he got it from; he said at Pershore fair, in Worcestershire - Mr. Christmas and him had a conversation, in which I did not interfere; he was given into custody.
Cross-examined by MR. CLARKSON. Q. You did not know him before? A. No; the transaction appeared open - I should think any body knew that when notes are lost notice is sent to the Bank; he could have left my shop altogether if he had chosen - he was rather uneasy while waiting; he said he had received that particular note at Pershore.
CHARLES CHRISTMAS . I am an investigator of Bank notes. On the 7th of July I received a 50l. Newcastle branch-bank note, No. 1158, dated 7th of April, 1829 - I accompanied Mr. Lavender's brother from the Bank to the shop; the prisoner was not there - he came in; I told him the 50l. note he had presented for payment to Mr. Lavender was a stolen note, and I had come to make inquiry respecting it; I asked his name and address - he said William Everett , No. 22, John-street, Leicester; that he had left there about a fortnight before - I asked from whom he received the note? for what? and when? he said he had received it on the Saturday previous, which must have been the 3rd of July, (this was Wednesday) - I am quite certain he said so; I asked the hour of the day - he said ten o'clock; that he received it at Pershore from a person he did not know, in a public-house - I asked him the sign; he could not tell - he said he sold goods to the gentleman he had it from; I asked what goods - he said silk handkerchiefs, and other silks; I asked to what amount - he said to the amount of 45l.; I asked what change he gave - he said five sovereigns, and that he had never seen the person before; I asked where he had been every day from the time he left Leicester till he arrived in London - he could not tell where he had been on any one day, nor any one house he had put up at; he said he came to London as a hawker to buy goods, and remained till after the King's funeral - after he was in custody I desired him to be taken to Mr. B. Lewis,' Wych-street; I asked where he was the day previous to his coming to London - he said on that day he was at Coventry; I asked where there - he said he could not tell, he did not know the house; I asked him if he could point out the house of Lewis, in Wych-street - he said in the shop that he could point it out, and when we got to St. Clement's church, I requested Led better to stop, and let him point it out; we both asked him to point out the house - he said he could not; he said other persons were in the room at the time he received the note at Pershore; he was asked the names of the persons - he said they were all strangers.
Cross-examined by MR. CLARKSON. Q. Did you go into Wych-street with him? A. I did, and found a person named Lewis kept the house; I asked, in his presence, if he knew him - he had not referred me there, but I understood he had desired the parcel to be sent there; I desired him when we got to St. Clement's church to point out the house - it could be seen from there; it was not thirty yards off, for it is at the end of the street, three or four houses up - I cannot say when this note was issued.
MR. PHILLIPS. Q. What passed between Lewis and you in the prisoner's presence? A. I asked Lewis if he knew the prisoner - he said he did not, he had never seen him before; the prisoner made no answer to that - I asked if he had breakfasted there; he said he had not - Mrs. Lewis came afterwards, and said he had been at the house that morning, but neither eat nor drank there; I delivered the note to the chief cashier, and am certain this is the same note.
SAMUEL HEDLEY . I am a clerk to Lambton and Co., bankers, of Newcastle-on-Tyne. On the 3rd of July I gave Mr. Dickenson some Bank notes, which I entered in this book - this note is one of them; it corresponds with the entry, and I have no doubt is one of those I paid him.
Cross-examined. Q. Is that book kept by yourself? A. Partly - this entry was made by me at the time; Dickenson is a clerk in our bank - I sent the notes by him to Mr. Jamieson - No. 1,158, dated 7th April, 1829, 50l., was one of them.
THOMAS JAMIESON . I am a warehouseman , and live at Newcastle-on-Tyne. I received 800l. from Young, between four and five o'clock in the afternoon, on the 3rd of July; I do not know the numbers of the notes - I put the same notes into my breeches pocket; they were never out of my pocket till I missed them on the 5th of July
Cross-examined. Q. You do not identify this particular note? A. No - I placed the notes into my pocket on the 3rd; they remained there till the 5th, and were never out of my possession - I took them out of my pocket in the coach, to look at them, on the 4th, on the road from Newcastle to Leeds, and put a 30l. promissory note which I had in the same parcel; I wrapped it round the 800l.: they were just rolled together - I swear none of them fell from the bundle, it was impossible; when at Manchester I felt a catch at my watch, and I was prossed round the body - I had some sovereigns in the same breeches pocket, but had no occasion to take them out, as I had money in my other pocket, and paid my fare out of that; I am certain I took nothing from the pocket the notes were in - I slept at Leeds on the 4th, and left my notes in my pocket; I felt them there - it is impossible one could be lost.
MR. PHILLIPS. Q. About what hour on the 3rd did you receive them? A. Between four and five o'clock, at Newcastle - I arrived at Manchester about twelve, on the 5th, and felt this pressure between one and two; I have no recollection of the prisoner being one who surrounded me.
MR. CHRISTMAS. Newcastle is about two hundred miles from Pershorne.
Prisoner's Defence. I am quite innocent.
GUILTY . Aged 20. - Transported for Fourteen Years .
THOMAS BARNEWALL . I live in Coleman-street-buildings. On the 29th of July, about two o'clock in the afternoon, I was in Bartholomew-lane , and felt my silver snuff-box going from my outside coat pocket; I turned round and saw two people, the prisoner was one - I saw his hand coming out of my pocket; the other man ran up Lothbury, and the prisoner went down Throgmorton-street - I followed and not meeting an officer, I rushed forward and seized him without losing sight of him; I did not find my box - I am quite certain I saw his hand come out of my pocket; he expressed great surprise at being seized, and when I said I would not let him go, he said if I would walk with him a little way the thing should be settled - I refused; he then made a desperate resistance; I was obliged to knock him down twice - I at last secured him; I never lost sight of him - the box cost me 7l. or 8l., and was safe a few minutes before.
Cross-examined by MR. CLARKSON. Q. What became of his hand, did you lose sight of that? A. I cannot say I saw his hand all the time - he was alone after I saw him; the box was small - there was a crowd about the Auctionmart door, where it occurred; if I had seized him at the moment perhaps I should have been floored, for that happened once before - he threw nothing away; I have no doubt the other man received the box - whether the prisoner had any thing in his hand when I saw it come from my pocket I cannot say: I did not follow him above twenty yards - he did not say if I went with him it should be explained, but that it should be settled; he said that three or four times.
Prisoner's Defence. I solemnly declare my innocence - instead of positive proof you have only the prosecutor's statement, and that consisting only of suspicion that he lost his property, but nothing whatever occurred to implicate me; I was passing through the City, and on arriving at Angel-court, was most roughly laid hold of by the prosecutor and charged with stealing a snuff-box - I offered him every satisfaction in my power, but when I was roughly treated I certainly offered resistance as any body would; he swore he saw me at the Auction-mart, and saw me take away his property, but quietly pursued me for the purpose of giving me into custody - I presume had any of you been robbed you would have seized the thief in the act; but what does his conduct argue but that he was uncertain where and when he lost his property; he has varied in his description of the box, and if mistaken in one thing he may be in another - a gentleman inquired what was the matter; he exclaimed that he had lost a gold snuff-box - at the Mansion-house he said it was silver, and worth 8l. or 10l., at the last examination he said 5l.; I have ascertained that just previous to the robbery he had a serious fit of illness, which may have impaired his mind.
GUILTY . Aged 25. - Transported for Life .
THOMAS KING . I am a baker , and live in Little St. Thomas Apostle. The prisoner was a year and a half in my service, and entrusted to receive money for me, which he ought to account for generally in the course of the day- he never accounted to me for 6s. due from Sweeting on the 11th of August ; nor 1s. 9d. from Clampson on the 14th- he was apprehended about the end of August, and had not then accounted for it; I charged him with this - he did not deny it: he did not offer to pay it - he lived and boarded with me.
Cross-examined by MR. PHILLIPS. Q. You say he generally accounted to you the day he received money? A. Yes - sometimes a day or two might elapse; he had a book to enter it in. On the Monday before he was committed he said he had lost the money from his pocket at a rowing-match; he at first said he had lost 28s. from his
ELIZA PEARSON . I am servant to Mr. Sweeting, of Lad-lane ; he dealt with Mr. King - the prisoner used to bring the bread. On the 11th of August I paid him 6s. in silver for a week's bill, and on the Friday Mr. King applied for it, and I told him I had paid the prisoner - the prisoner wrote settled on the bill, in my presence, in pencil; I gave it to the officer.
MARY HURLEY . I am servant to Mr. Clampson. On the 14th of August I paid the prisoner 2s. for bread - the bill was 1s. 9d.; he was to owe me 3d.: we had no bill - I told Mr. King of it on the Saturday, when he called.
RICHARD GEORGE STATHUM . I am a constable. I apprehended the prisoner on the 13th, at his master's - he said he was very sorry, but he had lost money at different times from his pocket, and was obliged to keep this to make it up, and that on the 20th he lost 28s. from his pocket.
JURY to MR. KING. Q. Have you allowed him to keep money, and account for it afterwards? A. Yes, he has kept money for a month and accounted for it afterwards, but I was not aware of it at the time - I thought the people were running bills.
COURT. Q. Had you ever given him to understand he was allowed to do that? A. No, I was not aware of it - he has paid me a considerable sum together, which he has received daily.
GUILTY. Aged 21.
Recommended to Mercy . - Confined Fourteen Days .
JAMES MAN . I am a merchant , and live at Kennington. On the 14th of August, about twelve o'clock at noon, I was in Thames-street ; a person called out that the prisoner had taken my handkerchief from my pocket - I was opposite Lawrence Pountney-lane; I turned back, looked up the lane, and saw the prisoner in custody of Andrews, who brought him to me, and I took my handkerchief out of his breast myself; I am certain he is the man - he said it was his first offence, and that he had had no bread for three days.
THOMAS ANDREWS . I manage my mother's business - she keeps town-carts in Thames-street. I was going up Lawrence Pountney-lane, and heard a person call after Mr. Man that his pocket was picked; I then turned round, and saw the prisoner on the other side of the way; I laid hold of him, and held him till Mr. Man came, and I saw him take the handkerchief from his breast.(Property produced and sworn to.)
GUILTY . Aged 18. - Transported for Fourteen Years .
NEW COURT. THURSDAY, SEPTEMBER 16.
First Middlesex Jury, before Mr. Common Sergeant.
1489. JOHN MITCHELL was indicted for stealing, on the 5th of September , 1 handkerchief, value 6d., the goods of Robert Foster ; and 1 pelisse, value 25s., the goods of Elizabeth Foster ; to which he pleaded
GUILTY . Aged 58. - Confined Six Months .
GUILTY . Aged 26. - Transported for Fourteen Years .
GUILTY . Aged 50. - Transported for Seven Years .
GUILTY . Aged 22. - Confined Fifteen Days .
THOMAS ROWE . I am a wheeler , and live at Battle-bridge , On the 15th of July, 1828, the prisoner came to borrow a truck; I said I did not know him - he said he had come from Elm-street once before about a cart: my boy said he thought he knew something about him - I then let him have it for an hour and a half; he took it to Greenwich, and the person who had it did something, and was committed to Maidstone; on the 21st of July, 1829, I received information, and went to Greenwich - I saw the truck in Brewer's yard, near the church - I went to a constable; he went with me, and told the person he had come for the truck - he said there had been a strange piece of work about it; the man said he should not have it - he took him and the truck to the office, and said something to the Magistrate; the Magistrate came out, and said, "I conceive it was not stolen - I shall have nothing to do with it; take it and go about your business:" the constable said I should not have it, and he took it into his possession - I have been seven or eight times for it, but cannot get it; I have traced that a man named Dobbins was the first purchaser - it had my name on it at first, but they had taken it off before I saw it again; I am sure it was mine - I made it myself, and the prisoner is the person who took it; I never saw him after he took it till he came out of the House of Correction at Maidstone - I did not say any thing to him about it; I left the warrant with the officer, and they would not serve him with it - he was put into Clerkenwell for beating a woman; I then went to the officer again, who said he had lost the warrant.
GEORGE HENRY ROWE . I am the prosecutor's son, and was fourteen years of age in July. I do not know whether the prisoner is the person who hired my father's truck, it is so long ago, but I know the truck was his.
NOT GUILTY .
Emma Harwood .
EMMA HARWOOD . I am single . On the 30th of August, 1829, a trunk of mine was left with the prisoner, and he took a muff from it - he then lived in Princess-street , and I lived at No. 4, Leicester-square; I am a dress-maker - there was an illegal seizure, and I employed him to redeem my property; I asked him to take care of it - I went to him for the box, and he said he had made another seizure - that my box was at the bottom of the furniture, and he could not conveniently get it, but if I would leave it till the next day I should have it - I called again; he then put it off for two or three days more - I went again, and found it open; I went to another person's and saw the muff, which a person was making into a tippet for the prisoner's wife; the officer took it - I gave the prisoner into custody; the bill was found last year, but he absconded - I did not see him again till the officer took him; this is the muff, but it is now cut up.
Prisoner. Q. Did you live at Leicester-square at all? A. Yes; I saw the box at your shop broken open when I went with the officer - I never went by any other name, but that has nothing to do with it; I get my living by dress-making, and had a highly respectable connection before this seizure - I never was charged with attempting to extort money from a gentleman; I never was at this bar in my life.
JOSEPH FREDERICK CLEMENTS . I am an inspector of the Police. In the latter end of last year the prisoner was brought to our office - I went with the prosecutrix, and found the muff, which she claims; the prisoner was taken to the Magistrate, who thought there was not sufficient grounds against him; but he said she might go and get a bill, but the prisoner was out of the way till he was taken - the prisoner owned the things were left there, but said they were not paid for; he did not deny that it was her muff.
Prisoner's Defence. I have been reduced to the last stage of poverty by the prosecutrix: in 1829 I was arraigned on this same charge, for a large quantity of wearing-apparel and other things, and his Lordship directed the Jury to acquit me - the transaction on which this prosecution is founded, is as follows: - In the latter end of August, 1829, I was called on by King, who requested me to call in Leicester-street, not Leicester-square, to purchase some goods; I called there in the course of the afternoon, and it was stated that a quantity of goods had been seized under distress for rent, and they were worth more than they were distrained for - if I would purchase them, and pay so much more money, I should have them- I applied to the broker for the bill, which was given me; I requested to see the goods, but was told I could not, as they were blocked up with some other furniture - I told the prosecutrix I could not see the goods, but understanding they were worth the money, I would advance the rent, and give her as much more as I could; I then paid 3l. 3s. 3d., and took a receipt, which has been denied me, together with the inventory of the goods.
EMMA HARWOOD . I tendered him the 3l. 3s. 3d., and he refused it, unless I gave him the amount of the bill, which was 7l., and as I had made no agreement, I considered myself exempt from any other charge.
Prisoner. I applied to the gentleman who had moved the goods, for which 2l. 5s. 6d. was charged, which, with what I had paid before, was fully equal to the value of them, and when she called to pay the money, I presented her the bill - some demur arose; I said if she would give me that money she should have them - she said she could not at that time, but if I would keep them three or four days she would redeem them; understanding that I was to be paid for the advance of my money and trouble, I drew up an agreement to that effect on the back of the inventory, which she signed, and as she did not come for them, I made use of the goods; that muff I did send to be made into a tippet - I need not direct your attention to my having been tried before, with Mr. Scate, in August, 1829, when I was acquitted, and not satisfied with that, the prosecutrix, whose malice would drive her to any means to effect my ruin, one Sunday evening brought a Policeman just as I was going to bed, and I was taken to the watch-house; the Magistrate said there was nothing against me, and I was discharged - some time after my affairs became deranged, and I went to Liverpool; I returned to London six months ago, and had five hundred circulars issued, and all my friends knew where I lived- I went to Marlborough-street office on business repeatedly, and every one knew me about the neighbourhood; though I may be acquitted, I shall be ruined for ever.
Witnesses for the Defence.
WILLIAM KING . I was at No. 4, Leicester-street, when the agreement was made between the prosecutrix and the prisoner; the prosecutrix sent me to get some person to purchase the things which had been seized - the prisoner, who is a broker, came with me; the prosecutrix said the things which had been seized were in a warehouse in Bear-street, and she wished him to purchase them - the prisoner went to Hodgkiss, who had seized them; he said he had such goods, and they were worth the money.
WILLIAM HARRISON SCATE . I was tried with the prisoner twelve months ago; I removed some goods for the prosecutrix to No. 4, Leicester-street, and when she came to look at them, she took up her own abode there - her landlady found where she was, and brought a bill of 2l. 17s. 6d. for rent; the goods were then put in my warehouse - the prisoner came and asked what they were worth; I said they were worth the money, but there was a debt of 2l. 5s. for moving the goods, and for money I had lent her; the prisoner advanced the money, all but 1l. 19s., which he paid me afterwards - the goods were removed from my warehouse in the middle of the day, and the prosecutrix examined every drawer.
COURT. Q. Had he the key of this trunk? A. It was in one of the drawers, and the next day I was sent for by Sir George Farrant - the prisoner was then there to lay a complaint against me; a pawnbroker's lad was there - the Magistrate said, "Is this the man that took the rings out of pawn?" he said Yes, and some time after I was told there was a warrant against me; I surrendered, was tried, and acquitted last September.
- BURT. The prisoner's wife brought me the muff
GEORGE EAGLES . I am a tailor. I have known the prosecutrix about four years; I should not like to take her word on her oath; I do not think she is fit to be believed - I live at No. 4, Kepple-street; four years ago she went by the name of Edgar, and then lived at Knights-bridge - she then removed to Brompton, and went by the name of Richardson; some time after she swore a debt of 20l. against me, and I never owed her 1s. in my life - she was a dress-maker at Knightsbridge, and had a child by a man named Richardson.
SARAH HODGKISS . I have known the prosecutrix some time as a dress-maker; I should be very sorry to take her oath - she swore a debt of 23l. 9s. 6d. against my husband, and we did not owe her one farthing.
JAMES FULLER FIELDER . On the 29th of May, the prisoner came to my employer's shop, Thomas Bates , in Thayer-street, Manchester-square ; she asked for some ribbons - I showed her a drawer; she did not like any - I sat the drawer on the counter, and went to the window to get another ribbon; on my return, I missed a ribbon from the drawer - she did not approve of the one I showed her; I then showed her some dark ribbon - I still missed this piece; she was going away - I went to the door, and said" I believe you have something which don't belong to you;" she asked what I meant - I told her to step back; I then found this ribbon under her shawl under her arm.
GUILTY . Aged 16. - Confined One Month .
MR. PHILLIPS conducted the prosecution.
HENRY HARVEY . I am a baker , and live in Charlotte-street, Portland-place . The prisoner was in my employ from February to July last; I am in the habit of balancing my cash every night, and I had missed money for several weeks; on the 25th of July I set Frederick Wallis to detect the thief - I had put 30l. in gold, marked, into my iron chest, taking an account of it in writing on the Saturday night; on the Sunday morning I went out as usual; to go to chapel, but returned in a few minutes in a hackney-coach - my witness beckoned me in a few minutes - I went in, and told the prisoner I had missed some money several Mondays, and asked her if she had taken any; she denied it - I then counted my money in her presence, and two sovereigns were deficient; I sent for an officer, who found the two marked sovereigns on her person - there was 11s. in silver missing, but I could not swear to that; I think some silver was found on her, but I do not know how much; the prisoner denied it when the money was found on her, and gave no explanation.
FREDERICK WALLIS . I am in the prosecutor's service. On Sunday the 25th of July, about twenty minutes past ten o'clock, I was on a shelf in the shop, and could see into the parlour through a hole bored in the wainscot - I could see the iron chest; my master was in a hackney-coach - I saw the prisoner go to the iron chest and unlock a little drawer, take out a key, and unlock the chest; she took something out, but I could not see what; she then locked up the chest and put the key into the drawer - I opened the door and my master came in; I told him what I had seen, and went for the officer.
DANIEL DUTCH . I am an officer. I was sent for to take the prisoner; I found in her pocket this red purse - I said to the prosecutor, "Here is some money in this purse, can you swear to any of your money?" he said Yes; I took out a sovereign, and he said, "This is mine;" I pulled out the second sovereign, and he said,"This is mine;" I then pulled out a half-sovereign and 8s., but he could not swear to them - I searched her box and found this money-box, which had eight sovereigns, two shillings, and two half-crowns in it; I asked if he knew any of them - he said No, but there was no doubt but it was his, he had been robbed so often; there was a small key shown to me on a bunch.
MR. HARVEY. The key was shown to me, but neither the officer nor myself could open the chest with it, but the prisoner did.
The prisoner put in a written Defence, stating that she had saved the money in service.
GUILTY . Aged 25. - Transported for 14 Years .
MR. BARRY conducted the prosecution.
WILLIAM RAVEN . I am a messenger at the Police-office, Hatton-garden. On the 6th of August, between four and five o'clock, I was going through the Middle Temple, and saw the prisoner with a piece of lead on his shoulder; I followed him to Arundel-street - he there stopped himself and laid the lead on the ground; I went and asked where he was going with it - he said to Seven-dials, and a man had given him a shilling to take it there, but he did not know the man and could not described him: I gave him in charge - I carried the lead down to the water side; I saw no one with him - he pointed nobody out to me.
ROBERT CREBER . I am a constable. I was in Arundel-street: Raven called me - the prisoner said he had been to see a friend, and coming through the Temple he met a man who said he would give him a shilling to carry the lead to St. Giles'; I took the lead and the prisoner on board the Thames Police vessel, and then before the Magistrate.
JAMES ROCKLIFF . I am in the employ of Mr. Burton; he is a plumber at the works at the Middle Temple - I took this lead down and put it into the engine - house in Garden-court , about three weeks before this; this piece has my marks on it, and I have no doubt it is a piece I put in there.
CHARLES GINGELL . I am chief porter in the Middle Temple. I saw the lead the same day, between three and four o'clock in the afternoon, where it was put in the engine-house - I am sure this is part of it.
CHARLES JENINGS . I am solicitor to the Society of the Middle Temple - the property is vested in Mr. Robert Malkew Casberd and two others.
Prisoner. I told the witness the person had gone to get a pint of beer at the corner public-house; I was coming through the Temple, and a person asked me if I wanted a job, and he employed me to carry this to Seven-dials - when we got to the corner he said he would give me a drop of beer.
GUILTY . Aged 30. - Transported for Seven Years .
1497. AMY DAVIES was indicted for stealing, on the 20th of May , 1 shawl, value 5s.; 2 handkerchiefs, value 1s. 6d.; 1 petticoat, value 6d.; 1 apron, value 6d., and 1 bed-gown, value 6d. , the goods of John Dean .
SARAH DEAN . I am the wife of John Dean . I lodged in the same house with the prisoner; on the 20th of May I missed these things out of three different drawers in my room, the top room; they were pawned - I have got some of the things, but I have not seen the shawl since.
Prisoner. Q. Did you not give me the bed-gown? A. No - I had promised her one, but did not give it her; this bed-gown had not been used for twelve months.
Prisoner. I was in great distress, and made bold to take the things, thinking I could take them out again.
GUILTY. Aged 37.
Recommended to Mercy by the Jury . - Confined 14 Days .
SIR RICHARD DOWNS JACKSON , K.B. On the 21st of July I was at the door of my own house in Hind-street - a man came and asked if I had lost any thing; I felt my pocket and missed my silver snuff-box - I had walked from Portman-square; I believe it was about four or five o'clock; I had used it about five minutes before I entered Portman-square - I saw the box again when it was picked up, by the man who told me of my pocket being picked; I saw the prisoner in Manchester-square - he got up, ran, and threw something away; I cannot say what it was, but I am sure it was the prisoner who threw it away - he had been sitting on the rails in the square.
THOMAS ROBERTS . On the 21st of July I was in Manchester-square, and saw the prisoner following a gentleman; the prosecutor then passed - the prisoner put his hand into his pocket and took something out; I went and told the prosecutor, who went with me round the corner of the square - the prisoner was then sitting down; he jumped up and threw down this snuff-box - I took it up, and took the prisoner, who was then running; I took him down to the watch-house - I gave the box to an officer.
JAMES GIBBS . I was passing through Mauchester-square about six o'clock in the evening - heard Stop thief! called, and saw the prisoner throw away the snuff-box; I caught him, and went down to the watch-house with him.
GUILTY . Aged 13. - Transported for Fourteen Years .
DONALD CURRIE . On the 5th of August I was in the counting-house, behind my warehouse; I saw this person come in and take my hat - I ran out and overtook him at the corner of Jermyn-street, only three doors off, walking quietly with it; I wrenched it from him - he appeared to be concealing it.
Prisoner's Defence. A man ran briskly by me, and dropped this hat - I took it up, and the gentleman came and took me.
GUILTY . Aged 23. - Transported for Seven Years .
Prisoner's Defence. I was in distress, and pawned the things in the neighbourhood; I did not make away with the duplicates - I intended to pay her, and restore them.
GUILTY . Aged 25. - Transported for Seven Years
ELIZA MORSE ABSALOM . I am a widow . On the 14th of July, at near ten o'clock at night, I was just entering Derby-court , which leads from Jermyn-street to Piccadilly, and a person snatched at my reticule, which had a pair of spectacles and a case in it - the chain was broken in three pieces; I had observed three persons following me from St. Dunstan's church - I saw them by their shadow; I was hustled as I passed the parties - one of them begged my pardon, and as I was going into this court one of them snatched my bag; I screamed out, and one of the persons came before me and attempted to prevent me from following the persons - I had seen King as I came
Cross-examined by MR. LEE. Q. Had you ever seen King before? A. No - I cannot tell who snatched it; it was at the Jermyn-street end of the court - I saw the reticule in about a minute; there were several persons there.
WILLIAM ELLIS . I saw three men walking up Jermyn-street, following this lady; the prisoners were two of them - King took the reticule; he was followed and taken in Piccadilly - two men stopped me and my shopmate in attempting to follow him, but my shopmate got up, and assisted the officer in taking him; Price put out his hands to attempt to prevent us from following - they were all three together when the reticule was taken.
Cross-examined by MR. CRESWELL. Q. Had you ever seen these persons before? A. I had seen Price at the Seven-dials a week or six days previous to the robbery - he was taken in Bartholomew-fair, about the 3rd or 4th of September.
Cross-examined by MR. LEE. Q. What are you? A. A book-binder, and was returning from work - it was between nine and ten o'clock at night; it was dark - I was about the length of this Court before the prosecutrix; there was a third person, the lady, myself, and my shopmate there - I did not notice any other persons; the prosecutrix and prisoners were coming up facing us - we had not followed them; I might have seen King more than once - I went to take the prisecutrix to the watch-house.
THOMAS HEMBROUGH . I was coming down Jermyn-street - I saw King snatch the reticule from the prosecutrix; there were two persons with him - one was a tall man; as soon as he snatched it I ran down to the place, and for a second or two I lost sight of him; he went behind a coach, and the officer caught him - I got up and assisted; Ellis said he knew the other by the name of Dick, the tailor.
Cross-examined by MR. CRESWELL. Q. You were with Ellis? A. Yes - I had not an opportunity of seeing Price; I ran after King - I had seen the prisoners behind the prosecutrix, and two of them came in front of her; I had seen them half a minute before - it was close to a gas-light; I could have seen them if I had looked at their faces - I heard the officer say he took Price at Bartholomew-fair.
WILLIAM ELLIS re-examined. Q. Had you been summoned to appear against Price? A. No - I can swear to his person and his face; I had not known him before - I have heard the officer call Price Dick, the tailor; I had no knowledge of him till that night - he and the other man made their escape then.
Cross-examined by MR. CRESWELL. Q. Did you not state you had seen him once before? A. No, I meant King; it was done instantaneously, but I can swear to him.
THOMAS HEMBROUGH re-examined. I am a fellow-workman of Ellis', at Mr. Scrips' - he was in his employ that day; Ellis used the words, Dick, the tailor, that night - he has sworn falsely now; when we secured King, Ellis said one of the others was called Dick, the tailor - I had not known either of the prisoners before; I will not swear to them - I had lost sight of King for a second.
JESSE PHILLIPS . I saw the three persons follow the lady from Fleet-street to Jermyn-street - they followed her quite close; I heard her cry out, "I have lost my reticule" - I turned up the court, and saw King in Piccadilly, with this reticule under his coat; I took out my staff, said I was an officer, and he must surrender - he resisted violently, but was taken with the assistance of one of the witnesses.
Cross-examined by MR. CRESWELL. Q. Were there three persons together? A. Yes - I am a constable of St. Ann, Westminster; I did not see it taken - it was dark; King ran between the coaches, and was putting this under his coat - I met him on the pavement; he was then walking - he had the reticule when I took hold of his collar; he threw it down - I took it up, and kept it till I got assistance; I took it to the watch-house, where the lady claimed it - it has been in my possession ever since; I took Price in Bartholomew-fair - I knew him before.
King's Defence. I have a younger brother, named Henry Isaac King - he goes three times a week to Piccadilly, and on Sunday afternoon I go to meet him; I had met him at the top of Church-passage on the Monday before, and appointed to meet him on the Wednesday - I went, and waited till near ten o'clock; he did not come - I went home, and went towards Derby-court; a man ran out, pushed by me, and ran across the road - I went across, and kicked against this reticule between the coaches, and the officer took me into custody; I never saw Price before.
Price's Defence. I know nothing of the robbery; does it stand to reason, that a young man, like me, could stop three men, as the witness states? I know nothing of King.
KING - GUILTY . Aged 19.
PRICE - GUILTY . Aged 21.
Transported for Fourteen Years .
MARY TYLER . I am the wife of William Tyler . On the 12th of August I lost a ball of twist from a drawer - when I took the drawer down it was at the top of the drawer, and no one was there but the prisoner; he came to get some twist to match a bit of cloth - he had matched his cloth, and I was cutting off the twist he wanted, when he ran out of the shop; I pursued him, and he was taken before I lost sight of him.
Cross-examined by MR. PHILLIPS. Q. Is the man who stopped him here? A. No; the prisoner did turn a corner- I might lose sight of him; I was but three or four yards from him - I ran pretty fast - I was on the opposite side of the way; I could see round the corner; the ball of twist was given up to me - he begged me to let him go, as he
BENJAMIN WEBB . On the 12th of August I was coming home, and heard there was a thief in Broad-street; I took off my cocked hat, and went up - there were forty or fifty people; they pointed to a public house, in which the prisoner was - a woman said, "Don't take him, poor fellow;" I gave him 2d. to get a pint of beer - he begged me to let him go; I found 1 1/2d. on him, this skeleton-key, this bit of cloth, and the twist which I gave the prosecutrix.(Property produced and sworn to.)
Prisoner's Defence. I went for a yard of twist - I felt for an article I had purchased before - I missed it, and said I would go and look for that; when I got near the corner of the street I heard some one cry "Stop him!" - I went on, and turned another corner; I saw several persons run- I got near two hundred yards down the turning, when a man stopped me; the prosecutrix came in about a minute and a half - I said I had no twist; a number of persons collected, and some one said, "Here is a ball of twist, is this your's?" - she took it; I went on to have a pint of of porter - a man came and took me; some person said,"Let the man go, it is not worth 1 1/2d."
MRS. TYLER. It is worth 4s. 6d.
ANGELIOUS BETRAUN . I have a certificate of the conviction of the prisoner by the name of John Smith , on the 29th of October, in the 10th year of His late Majesty's reign, for stealing a ball of twist - he was confined two months in the House of Correction; I took him, and know he is the person.
Prisoner. He is not to be believed upon his oath - it is only to gain his expences.
GUILTY . Aged 28. - Transported for Life .
1503. ELIAS DAVIS was indicted for feloniously receiving, on the 12th of July , 2700 needles, value 2l. 17s. 2d., the goods of Soloman Shrimpton , which had been lately stolen; against the Statute, &c.
SOLOMAN SHRIMPTON. I am a needle-maker . I packed up 2700 needles on the 1st of June, and sent them by Mr. Toplis' coach from Thame, to Mr. Charles Mortor , East Smithfield - these are them; they are worth 2l. 17s. 2d.
Cross-examined by MR. PHILLIPS. Q. Are not these common sail-makers' needles? A. Yes; hundreds of thousands of them are made - here is the name of "Mortor" on them, and "cast steel;" I believe the name Mortor is ground out of this one - I have seen needles of my own make with the name of Mortor on them - when we are marking them a few will drop in without being marked.
WILLIAM CHASE . I am clerk at the Bell inn, Holborn - the Thame coach comes there. On the 1st of June a parcel came in by that coach for Mr. Mortor, Shadwell - it was missing next morning from the office; it appeared to contain needles.
Cross-examined by MR. CLARKSON. Q. There was not Mortor, East Smithfield, on it? A. It is entered"Shadwell;" I saw the parcel, it was called over to me by Smith, the porter, who is not here; I made the entry from what was told me by him - we had had parcels of of needles come to him from Mr. Shrimpton's - I only guessed that it came from Mr. Shrimpton; I believe he is the only needle-maker in that neighbourhood; the book the entry is in is not here.
CHARLES MORTOR . I live in East Smithfield. I sell needles, and employ the prosecutor to make needles for me; I expected a parcel from him about the 1st or 2nd of June - it did not come; it should have contained about 2800 needles - I had ordered them about a month before; on the 12th of July one Levy called at my shop with a sample of needles - he went out, and brought the prisoner with the parcel; I said I had heard that the coach-office had been robbed and my parcel was missing, and I detained them both; Levy offered them at 1s. 9d. per hundred in the prisoner's presence, that is about a fair price; the prisoner said he had received them of a hackney-coachman at the west end of the town - I gave them in charge on suspicion of their being my needles - there are 2800 of them.
Cross-examined by MR. PHILLIPS. Q. Have you counted them? A. No; I only go by what Levy said, having my name on them I told him my suspicion - he brought the prisoner in about half an hour; I have sold a great many needles like these, some marked and some not.
COURT. Q. Did you ask the name of the hackney-coachman? A. No.
GEORGE ELLIS . I am an officer. I went with the prisoner to Paddington-street, where he said he could point out the coachman he bought the needles of; he said he was a young man in a blue frock coat and drab trousers - he did not mention the number of the coach; he pointed out a man with blue trousers, and a black waistcoat and sleeves, who he said sold them - I took them both to a public-house; I told the prisoner to look at him, and be positive he was the man - he said he was; the coachman denied it - I found on the coachman 12l. 10s.; I went to his lodging and searched his trunks, but found nothing to charge him with - the prisoner still persisted that he was the man, and gave that evidence before the Magistrate, but the coachman was discharged.
Cross-examined by MR. CLARKSON. Q. How did the prisoner go with you? A. He was handcuffed; he asked me not to handcuff him, as no man would acknowledge that he had bought any thing of him, but I did not consider it was safe to take him without; I told the Magistrate I found 12l. 10s. on the coachman - I believe that was on the second examination - it was not till I had been cross-examined by the solicitor; the coachman was not then present.
NOT GUILTY .
1504. GEORGE HARRIS was indicted for stealing, on the 9th of September , 28 yards of printed cotton, value 28s., and 28 yards of calico, value 14s., the goods of Henry Miles and another, his masters .
JOHN EDWARDS . I am in partnership with Henry Miles - we are upholsterers and furniture-makers in Oxford-street. The prisoner was in our employ for six months, and on the 9th of September he was sent to fix a bed-furniture and window-curtains in Wardour-street ; while he was gone, I received information from Cooper - I went to the house where the prisoner was, and found him there - he ap
Cross-examined by MR. CLARKSON. Q. Have you any other partner? A. No; the prisoner had been six months with us - he was sent by the society of upholsterers, and we did not suspect him; he has a wife and one child.
BENJAMIN COOPER . I am porter to the prosecutors. - On the 9th of September Mr. Edwards gave me orders to trim a four-post bedstead in Wardour-street; the forewoman looked out the articles, and gave them to the prisoner to tie up; I watched him - he did not tie them up; I was called up stairs, and when I came down the prisoner had taken them off the table, and said they were ready to go and he would take them - I said I was porter, and I would- I took them, and found the prisoner at the door; he said he would take them up stairs - I said No, I would; I took them up, and he told me to leave the wrapper, and he would bring it home; I said I wanted it - he told me to untie the bedstead, and he would untie the bundle; he then said he had left his scissars, and told me to go and borrow a knife - I found a carpenter on the premises; I borrowed a chisel of him - I then went up, and saw the prisoner hiding these articles; I went home and told my master.
Prisoner's Defence. The two remnants of drugget I had put into my bag to take to the shop the night before, and when I went to fix this furniture they were left in the bag, and were taken; these remnants are my own, which I had left when I was in business - these papers of tacks are mine.
GUILTY . Aged 30. - Transported for Fourteen Years .
JOHN THOMAS ARMSTRONG . I am an oilman , and live in the Commercial-road . The prisoner was in my employ on the 16th of July; I had a box in my bed-room, which ought to have contained money: I found it empty - I had missed money from there before; I then put eight marked shillings into it - I went to it the next day, and two shillings were gone; I went down, and accused my servants, who all denied it - I sent for a Policeman, and desired him to search them, but he would not; I then desired the prisoner to go about her business - she at first refused, but at last she went out, and as she was going she spoke to my errand-boy; he then told me to go into the candle factory, and I there found the two market shillings, in a black glove, with a key, a knife, and some other things - the prisoner was not searched that I know of.
EDWARD LIPSCOMRE . I am in the prosecutor's employ. On the day stated he charged his servants with this- the Policeman was sent for, but he would not search the prisoner; she was afterwards going out, and as she was going she told me to go down to the candle-factory, and under the candle-mould I should find a glove with 2s. in it, and I was to take them out; instead of that I told Mr. Armstrong.
Prisoner. I sent him down for my box - I had not had the money. Witness. She did not send me for the box, but for the glove.
COURT. Q. Had she an opportunity of going down after she was charged with this? A. No - she told me of it in the street; another officer came afterwards.
WILLIAM CANHAM . I was sent for, and took the prisoner - she begged of me to speak to Mr. Armstrong, and said she was never guilty of any thing of the kind before, and she had two children; we took her to the station, and found some other money, which the prosecutor could not identify - here is all the money found in the glove.
MR. ARMSTRONG. Here are no marked shillings here, but I found them before the Magistrate.
MR. ARMSTRONG. Here are no marks that I am at all acquainted with; here is a notch on these, but that is not my mark - I made a small scratch on the top of the crown - I cannot swear to any of these; one of the sixpences had a hole in it, and it is not here.
WILLIAM CANHAM . That is the money I found; he swore to the two shillings which are marked - I have had it locked up in my box, and am sure there is no mistake; the 7s. which were found on her we gave to her at the office, but this money was in the glove.
MR. ARMSTRONG. In the money produced before the Magistrate there were two shillings which had a scratch on the top of the crown, but they are not here: I marked eight shillings and two sixpences, and two shillings of it were gone.
NOT GUILTY .
ADAM EWART. On the 25th of August I was on my way home, in Bow-street , between twelve and one o'clock in the morning; I had been on the Surrey side of the water, and was walking home, with my hands in my pockets - the prisoner rushed out, and took hold of my arm; I took out my hands to push her away - I felt her take something from my pocket; I felt, and missed a half-crown - I seized her hand, and got this sixpence from her- I then called for assistance, and she gave me a severe bite on my arm; the Policeman came up, and took the half-crown from her.
Prisoner. We went up a court together, and he said he had lost 3s. - I said I had half a crown. Witness. No, we did not: I did not say so.
Prisoner. Q. Did not I give you the half-crown? A. No, she refused.
GUILTY . Aged 28. - Transported for Fourteen Years .
MR. DOWLING conducted the prosecution.
JAMES VAUGHAN. I am a tanner , and live at Enfield . On the 19th of August I had some butts and hides on my premises, and on the next morning the butts were missing, and on the Monday morning following I saw the offal of these hides - the tail part was dressed and sold; this tail was taken from the butt - I know it is the butt which this hide belonged to.
JOHN BAILEY . I am servant to the prosecutor. On the night of the 19th of August, the hides were safe, and on the following morning I missed them; I afterwards had the offal given me to dress - this tail was sold to Mr. Upton; it belonged to this hide - I know them by the marks, which fit exactly.
JOHN UPTON . I am a shoemaker, and live at Walthamabbey. I bought the offal of this hide of Mr. Vaughan: I took it to my house - it was not out of my possession till I returned it; the Police-officer came to my house, but I did not choose to deliver it to any one but Mr. Vaughan - I went, and gave it him.
JOHN McCRAW . I am a Police-officer. I was in Kent-street on the 20th of August, at a quarter-past eight o'clock, and met the prisoner with this bag on his shoulder; I asked what he had there - he said leather, that he was employed by a man at Whitechapel to carry it to St. George's; I asked if he knew the man - he said No, nor where he lived; I took him to the station, and found eight pieces of wet leather.
JAMES VAUGHAN . I swear to this being mine, from the grain, and being in an unmanufactured state - I lost such on the night of the 19th of August, or early on the morning of the 20th; it was quite wet.
Prisoner. I was tried for the same property in Surrey, and Mr. Patience swore to it.
Prisoner. Q. Did not he say it must he his property, because no tanner marked like him? Witness. No; he said he could not swear to it unless he had the offal - in coming to Newgate the prisoner said he expected to get seven years for it now; he lived at a house of ill - fame, and had no regular employ.
Prisoner. I did not say I expected to get seven years - I had plenty of time to get out of the way; I was employed to carry it from Whitechapel-church to the Borough.
GUILTY . Aged 30. - Transported for Seven Years .
JOHN ANDERSON . On the 21st of August, I saw the prisoner in St. James'-street, Piccadilly ; he put his hand into five different peoples' pockets - it was the evening of the King's birth-day; I then saw him take this handkerchief from the pocket of a person who I did not know - I followed him with two other officers; I had seen him put the handkerchief into his trousers - we took him, and found it on him at the watch-house; I could not find the gentleman he took it from - I asked the prisoner if there were any marks on it - he said No, but I found three large letters on it; I found two other handkerchief on him, both marked, though he said they were not.
Prisoner. I said it was not marked that I knew of.
GUILTY . Aged 22. - Transported for Life .
CHARLES MOORE. On the 22nd of August I was in St. James's watch-house ; the prisoner was there in custody - when I awoke in the morning I missed my hat and handkerchief; I spoke to the inspector, who produced them to me.
Prisoner. He was bailed out on the Sunday morning, and took my hat and left his own. Witness. I found a hat on my head which did not belong to me, but mine was gone.
THOMAS JOSEPH WEST . I am a constable. I searched the prisoner, and found the hat on his head, and the handkerchief in it - the prisoner said he picked up the handkerchief in the cell, and bought the hat in Field-lane for 6s. a fortnight before; the next morning he owned his own hat, which was worse than the prosecutor's - I had the prosecutor's hat in my hand at the time.
Prisoner's Defence. I did not know that it was not my own till I came into the day light - there was only one hat left there.
NOT GUILTY .
1510. ELIZABETH SMITH was indicted for stealing, on the 21st of July , 2 blankets, value 7s.; 2 pillows, value 8s.; 2 flat-irons, value 2s.; 1 sheet, value 4s., and 25lbs. of feathers, value 25s. , the goods of John Evans .
ELIZABETH EVANS . I am the wife of John Evans - the prisoner rented a furnished room of us at 5s. a-week; she was there about two years and a half - these articles are my property; she took some of them from a back room.
Cross-examined by MR. LEE. Q. Had you known her before? A. Yes; I took in three of the articles myself.
ELIZABETH EVANS. This is my property.
Cross-examined by MR. LEE. Q. Is the prisoner married? A. Yes, but her husband is at Sheerness - he never lodged in my house; I have about seven other lodgers, all married people - she took all these articles from her own room, and one other; I have not visited with her at her brother's - I have a son, but she never visited him with me - I never left her to take care of my house, or permitted her to pawn a single article.
Prisoner. My husband lodged at her house at this time. Witness. She stated at Marlborough-street she had not a husband - that man has a wife and four children at Bath; he came to my house with the prisoner, and they lived together as man and wife.
MR. LEE. Q. How do you know that the person, who lives at Bath, is his wife? A. By her own words - the prisoner's husband is transported to Sheerness; the man, who lived with the prisoner, sleeps in the one pair back room - I have not trumped up this prosecution to get rid of the prisoner; I consider she has robbed me: on my oath the man does not sleep with me.
JAMES STOKES . The man has come with the prisoner to our shop, and I understood he was her husband; we have generally seen him on a Saturday night, when he has redeemed things which she had pawned in the week.
Prisoner's Defence. I never pawned any thing without her knowledge - she said I might take any thing I pleased; she was sitting playing cards at and drinking in my husband's room when the things were pawned.
GUILTY . Aged 36. - Confined Fourteen Days .
1511. ELLEN TOOHY was indicted for stealing, on the 10th of July , 3 pints of rum, value 5s.; 2 lbs. weight of soap, value 1s.; 2 lbs. of sugar, value 1s., and 1 smelling-bottle, value 6d. , the goods of William Martin .
WILLIAM MARTIN . I am a publican , and live in Dower-street, St. Pancras - the prisoner was in my service, but had left the day before. On the day stated I missed these articles - the Policeman stopped her in Dower-place, and brought her back with them in a box - she had taken her box away that morning: she had brought another box to take them - I suspect these articles are mine, and this smelling-bottle I am positive of - it had been in the bar two years and was empty.
Cross-examined by MR. PHILLIPS. Q. How can you swear to this bottle? A. It has no mark on it; my wife is not here - I do not know whether she gave her the things.
JOHN NISBITT . On the morning in question I saw a person standing opposite the prosecutor's, at half-past six o'clock - I walked a little further, waited a few minutes, and the prisoner passed me with a box on her head; I said, "What have you there?" she said, "My clothes, and you know where I brought them from;" she said she had lived at Mr. Martin's - I let her go on; I saw something running out at the bottom of the box - I found it was gin; she then said if I would go with her I should see where she was going - I took her to the prosecutor's; she then said her sister gave them to her.
Cross-examined. Q. How do you know it was gin? A. I tasted it; there was one bottle of brandy, two of rum, and a broken bottle with some gin remaining in it - there was also some soap and sugar.
MARY ROACH . I am the prisoner's sister. I went to the prosecutor's, and he said she had done nothing that he knew of, but the Policeman brought her back - at my wedding there was a great deal of liquor - when the row began, and they were breaking all the bottles; I said to her, "Save what you can, and keep them;" I think I was married on the 23rd of May.
NOT GUILTY .
Fourth Middlesex Jury, before Mr. Sergeant Arabin.
MARGARET FITZMORRIS. I am a flower-maker . The prisoner and I are cousins - she slept in the same room when out of place; on Sunday, the 8th of August, I wore my watch - when I returned in the evening I put it into my box; we slept together that night - I locked the box and put the key into my pocket, which I put on the bed.
Prisoner. On the Monday morning, at one o'clock, the watch laid by the side of the bed; she asked how I got on last night - I said very bad, I met with no success; she lent me her watch to get money on, and said I must let her have it in a week - I thought of meeting a gentleman on Thursday that I should have half a sovereign from; we are both unfortunate women - on this Sunday she asked if I had got the watch; I said No, but she should have it in the week - we had some words, and she said, "You b-h, I will do for you before the week is out," and she got the landlady, who turned me out of the room; I was going down the Strand, and met her with the Policeman, but I had not the duplicate to give her.
MARGARET FITZMORRIS re-examined. I have been a flower-maker, but trade has been slack, and I have been dependent on my mother; I have never had a bad character in my life - she went by the name of Squill when with me; I have had a deal of trouble with her - I have occasionally sent her to pawn small articles.
Prisoner. We are brother and sisters' children - I was brought up in an orphan school; she has been my ruin - when I have had money she has welcomed me, and when I had not I was turned out.
NOT GUILTY .
ABRAHAM KEASLEY . I am a publican , and live in Church-lane, Whitechapel . On the 30th of July the prisoner came and took a bed for the night, and on his leaving in the morning, my servant went up stairs and discovered the blankets and sheets had been taken off the bed; she called to the boy, who brought the prisoner back; I was then coming down - he said, "I have taken a blanket and sheet through distress."
Prisoner. Q. Is it possible I could have them under my waistcoat? A. Yes, I saw you do it.
Prisoner's Defence. The boy came after me, and said I must go back - the witness was standing at the bottom of the stairs; he went to put on his clothes, and these things were in the parlour - the landlord came down, and said this blanket was worth 10s., and the sheet was fellow to one I had stolen before.
GUILTY . Aged 25. - Confined Three Months .
SARAH BARNES . I am servant to Mrs. Jane Harris; she lives at Clark's-place, Islington . On the 7th of August the prisoner came to the house, between three and four o'clock in the afternoon, and said he wanted a tooth extracted - I asked him into the parlour, and went into the kitchen to tell Mrs. Harris; there was a musical-box in a case in the parlour window - I heard the case door open, and went up; the prisoner was then going out - he said,"What would it be to have the tooth drawn?" - I said I did not know, but Mrs. Harris would be there in a minute; he said he would go and ask his aunt - I took hold of his arm, but he got out and went away; Mrs. Harris came up and missed the box, and I ran after the prisoner, who was taken.
Cross-examined by MR. PHILLIPS. Q. When had you seen it? A. About a quarter of an hour before - Mrs. Harris is married, I believe; her husband is at sea - I have not seen him at all; the prisoner had no box when he was stopped - I saw him stopped, and was almost close to him; no other person had been to have a tooth drawn that afternoon; I think no one had been there at all that day.
JAMES FRESHWATER . I am a butcher. I heard Stop theif! called - I went out, and saw the prisoner running; he had walked past me, and I saw something in his hand very much like this snuff-box - there came two more young men with him; he offered it them, and they refused it - I then heard Stop thief! cried, and the witness said,"That young man has got a snuff-box;" I said, "Are you sure it is him?" - she said, Yes; I ran, and a young man had taken him.
JANE HARRIS . I am the wife of William Henry Harris . This box belongs to my brother-in-law, Thomas Harris - I saw it safe on the 7th of August; Barnes told me a boy wanted a tooth extracted - I did not see the prisoner till he was brought back, except just going off the step of the door; the other two boys were taller than him.
Cross-examined. Q. Is your brother-in-law here? A. No; he is in the country - I am sure it is his box.
JOHN HOPTON . I am a Policeman. I took the prisoner - he told me he had broken the box, and he would make it good if I would let him go - he pulled 5s. out of his pocket, and asked if that would pay for it.
GUILTY . Aged 14. - Transported for Seven Years .
MARGARET COLLES . I am single , and live with my sister. This property was in a chest of drawers, which I had left at my aunt's - I sent for the drawers on Friday fortnight, and then missed the articles; the drawers were locked, and I had the key - I had left them safe on the 16th of July; a key was found on the prisoner, which opens them - she was servant to my aunt's lodger, but had left her.
JOHN BRIGG . I am son of Henry Brigg , of No. 14, Milton-street. I received information from my cousin of this robbery, and having suspicion of the prisoner I went and found her at Bethnal-green; I told her Mrs. Kilby wished to see her, but instead of her coming, her mother came - the prisoner had the frock on; I went to her a second time, and gave charge of her.
WILLIAM WYBERT . I am a Police-constable. I was called, and took the prisoner; she had this frock on her, which the prosecutrix swore to - she pulled it off herself, and threw it in a corner of the room; I went back again, and found her in another house.(Frock produced and sworn to.)
Prisoner's Defence. The Policeman asked where I got the frock - I said it was one I bought; he went up stairs, and I said Brigg might take it to his cousin to look at - he then went to the Red Deer, came back, and took me.
GUILTY . Aged 16. - Transported for Seven Years .
JOHN CHARLES ORLEBAR . I am clerk to a solicitor . I was in Tottenham-court-road about eleven o'clock at night, on the 21st of August, going the nearest way home from Covent-garden; the prisoner came and took my hat off - he was standing near Great Russell-street; he seemed to be alone - he ran off with it; I pursued, and got my hat from the Policeman, who took it from the prisoner.
THOMAS NEWMAN . I am a Policeman. I was on duty, and saw the prisoner run with the hat in his hand; I knocked him down, and the hat flew out of his hand - he had run about one hundred yards.(Property produced and sworn to.)
GUILTY . Aged 19. - Transported for Seven Years .
St. James'-park - my handkerchief was in my coat pocket; the officer told me it was taken, and he had the prisoner in his hand - he was within a yard or two of me.
JOHN WILDMAN PAYNE . On the 28th of July I was at the back of St. James'-palace - I saw the prisoner draw this handkerchief from the prosecutor; he was putting it under his jacket - I put my arm round him, pushed him against the prosecutor, and asked if he had lost any thing; he said Yes, his handkerchief, and his initials were on it - which they are.
GUILTY . Aged 15. - Transported for Seven Years .
1518. ROBERT HALL was indicted for stealing, on the 4th of August , 3 table-cloths, value 30s.; 2 shirts, value 13s.; 10 shifts, value 50s.; 2 petticoats, value 6s., and 1 night-gown, value 1s. , the goods of Sarah Kirby .
SARAH KIRBY . I am a widow, and take in washing ; I live in Southwood-lane, Highgate . On the 4th of August I hung this property out to dry, about twelve o'clock, in the garden - I missed them about two; I went to a public-house in the New-road, and gave the alarm; the prisoner was taken, and brought back with my property - I saw it at the Police-station.
JOHN STEVENS . I am toll-collector at the Junction-road, Upper Holloway. I heard this woman had lost this property, and saw the prisoner pass in about five minutes - I stopped him, and asked where he got the bundle he was carrying; he said he brought them from Finchley, and was going to take them to Gray's Inn-lane, to some young ladies' father, who were at a boarding school - I detained him.
JAMES IVES . I am a labourer. I was employed near the toll-gate, and saw the prisoner stopped; he made his escape - I pursued and took him nearly half a mile off; I am sure he is the man who carried the bundle.
JAMES BIRLEY SHEARS . I am a Police-constable. On the 4th of August, between two and three o'clock, I was fetched to the toll-gate - the toll-man told me to run after the last witness; I got up to him within a minute after he caught the prisoner - I brought him back, and found this table-cloth in his hat, and a knife on him.
Prisoner's Defence. I saw a man and a woman go into the wood, and met a man of my own trade, a bricklayer, and asked him for work; he said if I went through Highgate I might get some - I went, and found this bundle in the wood.
Two witnesses gave the prisoner a good character.
GUILTY . Aged 26. - Confined Three Months .
MARY AUSTEN . I follow the milk business - the prisoner lived in the next house. I left my gown safe at four o'clock in the morning of the 9th of August, and missed it at half-past twelve; the door of my room was not locked - I had known the prisoner a week or two before.
RICHARD HOLLAND . I went to the prisoner's lodging from the information of the landlady - she had locked herself in the first floor back room; I asked how she came to take the poor woman's gown - she said she could not help it; while I was standing at the door this duplicate was pushed under it - there was no one in the room but the prisoner.
The prisoner pleaded distress.
GUILTY . Aged 23. - Confined Six Weeks .
DAVID JONES . I am a horse-keeper . On the 5th of May I slept at Mr. Battersey's, the Ship, in Long-acre - the prisoner was billeted there, and slept in the same room; my coat was in that room, and the half-crowns and handkerchiefs were in a box that was locked. I got up early in the morning of the 5th of May, and went out, leaving these things secure; when I returned at nine o'clock at night, the prisoner and the property were gone - he had been there six weeks or two months; I got my coat at Windsor about the 17th of August - the prisoner was there then; he is in the Grenadier Guards - the serjeant wrote to the landlord on the 13th of August, and I went down on the 17th; my box had been broken open.
MARK JONES . I am a serjeant of the Grenadier Guards. The prisoner was a private in that regiment - he lodged at the Ship; he was absent about the time of the robbery - I reported him as a deserter; he was taken at Liverpool, and brought to Windsor in August - on his being brought in I found this coat on him, which I delivered to the prosecutor, in his presence; I had been pay-serjeant five years, and always considered him an honest, obedient, and good soldier - he has been seven years in his Majesty's service.
GUILTY . Aged 32. - Transported for Seven Years .
MARIA FARRELL . I am the wife of James Farrell , of Lower-street, Islington . The prisoner lodged in my house - there was a coat there of another lodger's, which had been left in my care; I missed it one Tuesday morning from a room next to the prisoner's bed-room - I went out sixteen months afterwards, and saw the prisoner in Marlborough-street, with the coat on; I said I expected he would have called on me - he gave me no answer; I do not know what became of it; the prisoner had gone away the morning I missed the coat, and owed me 1l. 18s. 6d. for rent.
MARIA FARRELL re-examined. Q. What did you do in the course of the sixteen months? A. I did nothing - I did not tell any body of it; I did not go to him - I had not quarrelled with him; I looked for him, but could not find him.
NOT GUILTY .
ABRAHAM COLE was indicted for stealing, on the 23rd of July , 1 shovel, value 2s. , the goods of John Sharp .
JOHN SHARP . I am a bricklayer . I employed the prisoner on the 23rd of July, to wheel a barrow of mortar for me to Mitchell-street - I went with him, and took the shovel and a server; I left them there - he and I went to breakfast; when I returned the shovel was gone - the prisoner never came home till night; I had employed him that morning, but not constantly.
HENRY HERBERT . I am a porter. I have known the prisoner five or six years - he offered me this shovel for 1s., and said he was hungry and thirsty; I let him have the 1s., and left the shovel - I told the landlady if he came for it to let him have it; he came and had it.
JOHN MURPHY . The prosecutor called on me, and said there was a thief in his house; I went to the prisoner, and asked if he knew any thing about the shovel - he denied it at first, but afterwards said it was at a public-house, in pawn for 1s. - I went and got it.
Prisoner's Defence. I have lodged in the house five years, and was employed that morning to lend the prosecutor a hand; I never took the shovel, and did not know it was taken till a man told me.
GUILTY . Aged 48. - Transported for Seven Years .
FRANCES JAMES . I am the wife of John James , of Brewer-street, Golden-square . I have known the prisoner four or five years - on the 11th of August he called to see us, and staid about an hour; I went out while he was there, and on my return I missed my shawl.
CHARLES PAINE . I am a Policeman. I apprehended the prisoner on the 25th of August - I saw him give this duplicate to the prosecutor; he hesitated a long time, and asked his wife what he had better do - she said, "You had better give it up;" he turned to a cupboard, and took it out.
GUILTY . Aged 26. - Confined Three Months .
CATHERINE CARPENTER . I am the wife of William Carpenter - I have known the prisoner from a child, and when out of place she has come to see me. On the 20th of July she came to my house, and stopped all night - in the morning I went with her as far as Hackney-road; she then said there was a gentleman she wanted to speak to - she left me; I went home, and missed the spoons - she did not return for near a fortnight; a silversmith has got the spoons, but he is not here.
WILLIAM PRATT . The prosecutor gave me information; I met the prisoner, and took her to the station-house - she confessed she had sold them; I went and found them - the prosecutor swore to them, but they are not here.
NOT GUILTY .
Prisoner. She sent me with a silver spoon and a plated one, to pawn, and she received 2s. 6d. of the money.
MARY CULF . I did not - I was out at my daughter's; she came and demanded the key of my street door, and took the plated one and this silver one; I never allowed her to take my spoons - I never received any thing from her; her husband paid the rent.
Prisoner's Defence (written). I admit pledging the spoon for 5s., but I did it with the consent of the prosecutrix, who gave me two spoons to pledge - one was silver. which I pledged for 5s., the other one being only metal the pawnbroker would not take it in; I, therefore, returned it to the prosecutrix, and also gave her 2s. 6d. of the money I procured for the silver one, in part of payment, and I was to redeem the spoon the first opportunity. I conceive it to be nothing but a vindictiveness on her part towards me, because she is aware that I am fully acquainted with her character. She admitted, before the Magistrate, that she broke my box open, and stole therefrom a cap, a steel buckle, and a coral necklace.
MARY CULF re-examined. Q. Did you ever receive 2s. 6d., or the duplicate, from her? A. I never did - the two spoons laid in the cupboard together, and she took them both; there were no other spoons there, only some linen; this is all the silver I have - the Policeman unlocked the door with a key the prisoner had in her pocket; she got drunk five times the first week - she beat me, and broke all my things.
JURY. Q. Where did you get the metal spoon? A. After she had pawned the other, she took that up stairs, and put it behind a tea-board.
NOT GUILTY .
In the absence of a proof of the first marriage the prisoner was ACQUITTED .
RICHARD WOODYARD. I am a tailor , and live in Drury-lane . I have seen the prisoner about three times, but I had scarcely spoken to him - he had called at my house twice and I was not at home; on the 11th of September he called again - my son let him in: he came up stairs and said he came from the Green Man, in Covent-garden-market for Morgan's coat, and he was making a fine noise about it - "I said I do not care;" I had made a suit for him and the waistcoat and trousers were gone home, but not the coat: I said, "He will not be out to-day" - the prisoner then said, "I want the coat if you will accommodate me with it;" I said, "I don't care, I can make him another by Sunday" - he said, "What do you want for it?" I said 3l.
Prisoner. Q. Had not I seen you before? A. Yes - I do not know that I drank with you; I did not toss with you - I might say if you would give me a turn I would give you one; I did not give you my direction - after you had the coat you said you wanted a waistcoat and trousers; I said if you did I would order a hat for myself and son.
RICHARD WOODYARD , JUN. The prisoner came to my father, and asked if he had a coat to dispose of - I said I did not know, but he had one made to order; he asked it I knew the price - I said I did not think it was for sale; he came again when my father was at home, bought it for 3l., and asked him to send me with it to Archer-street, and he would send back three sovereigns; my father said he was to send it back by me - I went with him to James-street, Covent-garden; he went into the King's Head, and came out and asked me to go in - he said he had to wait for a friend; he called for a pint of ale - he then said, "Will you allow me to try the coat on again;" I gave it him - he went into the kitchen; I waited two or three minutes - I then inquired, and the servant said he had gone out at the private door and almost knocked him down; I did not know but that he lodged there.
WILLIAM MORGAN . I am a constable. About a fortnight before this, I had given orders for a suit to Mr. Woodyard; he brought it home, but the coat did not fit - he took it back and promised to bring it on the Sunday morning; I think the prisoner was waiting in the public-house at the time - this was at the Green Man, on the Thursday, and on the Sunday the prisoner came to me and asked if I had seen the little tailor; I said, No - he said, "I was looking for him, he had a coat to make me" - I said we were both on the same suit, I was waiting for one.
The prisoner put in a written Defence, stating that the prosecutor had ordered two hats of him, which were to be placed against the coat, and that nothing had passed about his paying ready money for it.
GUILTY . Aged 20. - Transported for Seven Years .
1528. ANN SMITH was indicted for stealing, on the 24th of July , 1 night-gown, value 3s.; 1 night-cap, value 2s.; 1 pair of shoes, value 5s., and three pairs of stockings, value 3s., the goods of Ann Walters ; 2 shirts, value 20s., the goods of John Syrrell ; and 2 pairs of stockings, value 3s.; 1 bodice, value 5s.; 1 gown, value 5s., and 2 petticoats, value 10s., the goods of Jane Grayston .
ANN WALTERS. I am in partnership with Jane Grayston - we are milliner s, and live at No. 102, Regent-street ; part of this property was her private property and part was mine. The prisoner had been my servant for three weeks and two or three days; these articles were taken from my bed-room and part from my drawers - I had been obliged to discharge her; before I missed the property a lady came for her character, and told me the dress she had on - I then looked and missed my property; I found nearly the whole of it on the prisoner, and in a bundle under her arm, and the rest at her lodging; I went with the lady who was about to hire her.
GUILTY. Aged 15. - Judgment Respited .
HENRY PANTALL . I am a journeyman carpenter . On the 5th of August, in the morning, I got a little in liquor, but I knew what I was about; I went to the White Horse, at Knightsbridge , and the prisoner forced his conversation on me - we had a pot of beer, and I gave him a 5l. note to go and pay for the beer; he went away - I waited some time, and then went and saw him go into the barracks; I asked him for the note or the change - he gave me half a crown, and told me to go to the Queen's Head, and he would come to me; I went there, but he did not come - I went to the serjeant, and told him; I was then sent for to go to a house, where I saw several soldier s, and pointed him out.
HENRY LONGMAN . I am a publican, and live about one hundred and fifty yards from the house they went to. About one or two o'clock the prisoner came for change for 5l., and asked for a quart of rum - I got change for it next door, gave him four sovereigns, and the rest in silver; he stopped a short time, and then went out - he was not drunk when he came in - he treated several soldiers there.
Prisoner. Q. Did you recognize my face? A. Yes, I noticed you the moment you came in; three or four soldiers came in with you.
Prisoner to HENRY PANTALL . Q. What time did I leave you? A. About eleven o'clock; I came into your company at the White Horse, to the best of my knowledge; I do not recollect seeing you before, and telling you I was a Hertfordshire-man - I did not go drinking in the evening; I cannot tell why the Magistrate would not take my evidence at seven o'clock at night - if I had been examined I should have known what to say; he did not turn me out in consequence of my being in liquor.
WILLIAM DAVIS . I am a serjeant in the second battalion of the 3d regiment of Guards - the prisoner is a private in that regiment. On the 5th of August I was serjeant of the barrack-guard; between twelve and one o'clock the prisoner came in - I suspected he had been drinking; I took him into the guard-room and faced him - I found he was not drunk, but I told him he must
NOT GUILTY .
OLD COURT. FRIDAY, SEPTEMBER 17.
Second Middlesex Jury, before Mr. Baron Bolland.
ELIZABETH LEE . I live at the Weavers' alms-houses, Old-street-road - there are four of us in one house; we have each a room to ourselves: I keep the key of my own room - there is an outer door and an iron gate to the garden. On the 2nd of September I went out at twelve o'clock in the morning; I locked my door, but left the window ajar - my room is on the ground floor, and the window in front; the houses are in Shoreditch parish - I know no other name to the parish; I came home about eight o'clock, and found my door still locked, but missed four silver tea-spoons from my cupboard - they were safe in the morning; I found a fire-box on the table; there is room to get in at the window - I have been robbed before in that way.
JANE CAREY . I live in the same house. I was sitting in my room, and saw a light under Lee's room door at eight o'clock - I went to the street door, and then to the window, and saw the prisoner at the cupboard, with a light in his hand; I gave an alarm, and saw him get out of the window - I then went to the gate, and just touched his coat; he struck me across the arm, and said, "Don't hold me;" he crossed the road - he was brought to the gate by a Policeman within ten minutes; I am sure he is the man.
SARAH FAULKNER . I live with my father, in Caroline-place, Kingsland-road. I saw the prisoner get out of the window, and ran out at the gate; I was at my stall, opposite the gate in Old-street - Mrs. Carey called me: I have seen him pass before, and am sure he is the man.
JAMES BEARD . I live in Hoxton-town. I was up stairs in the alms-house when this happened; I was called down, and observed the prisoner in the garden, trying to get by Mrs. Carey at the gate; I ran forward - he struck her, and ran into the street; I called Stop thief! and pursued towards Shoreditch church, till he came to Mr. Welch's shop - he there threw himself down over the grating, and with his right-hand pulled the spoons from his breast, and dropped them through into the area - I took him by the left-hand; he gave a twitch, and got from me- I followed, calling Stop thief! till he got to the Hackney-road gate, and ran into a Policeman's arms; he got from him for a moment, and turned towards Shoreditch; the Policeman secured him - I assisted in taking him to the station, and the four spoons were brought in by Mr. Taylor, Welch's partner.
WILLIAM TAYLOR , JUN. My father is a surgeon, and lives in Kingsland-road. I heard a cry of Stop thief! went to the door, and saw two men rustling on the areagrating; I do not know who they were - somebody said something was dropped down; I went and found four silver tea-spoons in the area, and gave them to my father.
ABEL HOUNSON . I am a Policeman. The prisoner was running towards me from a cry of Stop thief! and I took him - he slipped under my arm, and got away, but I ran round the gate, and caught him; Bird was pursuing him: he said he had been robbing the Weavers' alms-houses - I took him there; Carey said he was the man - he said nothing.
JOSEPH FEARN . I received information, went to the alms-houses, and found a phosphorus-box in Lee's room; I gave it to Bird - there were two matches in the cupboard, and a candlestick on the table, with a candle in it - it was not burning.
Prisoner's Defence. I was going home, and near Shoreditch met a mob; I went further, and the Policeman took hold of me - I asked what was the matter; he said he did not know - he let me go: I went on - he came back and took me; the lady came to the station, and said she did not know me - the Policeman talked to her, and then she said she knew me.
GUILTY (of stealing only.) Aged 20.
Transported for Seven Years .
Before Mr. Justice Bosanquet.
1531. SAMUEL BEASON , GEORGE PUDDIFOOT and THOMAS BEASON were indicted for stealing, on the 10th of July , 1 box, value 1l.; 1 sovereign, 3 half-sovereigns, 10 shillings, 5 sixpences, and one 5l. Bank note, the property of Job Woodley , in his dwelling-house .
JOB WOODLEY. I keep the Ship and Sun public-house, at Ryeslip . A benefit society had just been commenced there - the box was kept in my room, and under my care; it was in my house on the 10th of July - I saw it next morning, about eleven o'clock, in the orchard, with the bottom broken out, and nothing but the articles and book left.
GEORGE LAWRENCE . I belong to this Society; there are several members. On the 26th of June I put into the box a 5l. note, a sovereign, three half-sovereigns, and 18s. - there are three different locks; I had one key, and two other persons the others - it cannot be opened without the three keys.
Cross-examined by MR. BARRY. Q. Whose care was the box put into? A. The landlord's - one of the stewards was not present when the money was put in; he sent his key.
CHARLOTTE WOODLEY . I am Woodley's grand-daughter. On the 10th of July, at twelve o'clock at night, the prisoners were all three in the house, and slept there - Beasons slept in the room the box was in, and Puddifoot in the adjoining room, where my grandfather sleeps; I saw them go into their rooms: I was the last person up, and fastened up the house - my brother showed me the box next day
Cross-examined by MR. CLARKSON. Q. Thomas Beason lodged with your grandfather? A. Yes, for about a fortnight; the benefit society had not met after the 26th of June - Thomas Beason absconded, and was not taken for some time after; he is a hay-maker.
Cross-examined by MR. BARRY. Q. How long had Thomas Beason lodged there? A. More than a month, so had Puddifoot - they were hay-makers; they were taken at Box-hill the day of the robbery - old Beason, the prisoners' father, went to bed before them.
COURT. Q. Did either of the prisoners sleep in the house after the money was missed? A. No.
EDWARD WOODLEY . I am Woodley's grandson. On the 10th of July I saw all the prisoners at the house, and old Beason also - they slept there that night, and next morning (Sunday), about eleven o'clock, I found the box, but about six that morning I heard the two Beasons call Puddifoot - I got up, and went down; Puddifoot was then lying on the bed with his clothes on; on the next bed to that I and my grandfather slept on, and in the same room - I do not know whether he had undressed at night; I went down stairs - Thomas Beason, who was coming along the passage, called to me, and said, "Come along old mates, we have got the back cellar door open;" I saw Samuel Beason coming out of the cellar with some scy the handles, which had been left there; the cellar door is inside the house - they called again for Puddifoot, and when he came down, they went away together up the road with the scythes and handles; the window of Beason's room looks on the orchard, and is large enough for the box to be put through - the street door was open when I came down.
Cross-examined by MR. CLARKSON. Q. When you went down, the street-door was open? A. Yes; that leads to the road, not to the orchard - the room my grandfather slept in has a door into Beason's room - we go through that room to get to ours; I had not seen the box since the 26th of June; they did not know I was getting up till I came down - they were in my view till they went out, which was in less than a quarter of an hour; they had not got the box - the orchard is at the back of the house; old Beason was left behind - the window is on the first floor.
Cross-examined by MR. BARRY. Q. You did not go into the room where the box was after the men had gone? A. No; I went to breakfast - I did not see either of them return to the house; they told me they lived at Bovington.
MR. CLARKSON. Q. Was it standing on its side, or how? A. On its bottom; the hole was not in it then, for I lifted it up to dust it, and the papers would have fallen out if there had been a hole in it - I lifted it up at one end to wipe the side; I did not tell the Magistrate so because I was not asked - I was not up when they went away; old Beason was at our house the whole day; I do not know where he is now - he was taken up; the box might be got down from the window without my hearing it, while we were busy in the evening.
JOB WOODLEY. We knew the prisoners were going to leave that morning, as they had done their work.
ALFRED CAFFAL . My mother keeps a shop at Rickmansworth, four or five miles from Woodley's - on Sunday morning, the 11th, between seven and eight o'clock, Samuel Beason and Puddifoot came and bought two hats, a jacket, some stockings, and several articles, which came to 4l. odd; both bought something - Puddifoot paid for it with a 5l. Bank note; I asked his name, he said Underwood, and that he received the note from Mr. Clutter, at Eastlop - I know no such person.
Cross-examined by MR. BARRY. Q. How do you know it was the 11th of July? A. I was examined the Monday week after - I am certain he gave the name of Underwood; I put the note into the till - my mother was in the shop, and afterwards took it out; she is not here.
JAMES TEMPLAR . I live at Eastlop, in the parish of Ryeslip, and am a constable. I apprehended the prisoners, Samuel Beason and Puddifoot, and found the clothes at the True Blue, Box's-hill, where I took them on the same Sunday morning; they were very much intoxicated - here is the note I received from Mrs. Caffal.
First London Jury, before Mr. Recorder.
ELIZA PERCIVAL . I am the wife of Joseph Percival , hosier and glover , of Bishopsgate-street . On the 28th of July, between three and four o'clock in the the afternoon, I saw the prisoner in the shop - he asked to see some stockings; I was alone - I showed him three or four parcels; he did not fix on any, and while I turned to reach down some others, I heard the glass-case of the window slide - I turned round, and saw it open; he was close to it, with a piece of handkerchiefs in his hand - he had not asked for handkerchiefs; I put down the parcels, and went round the counter - he ran out with the handkerchiefs; I raised an alarm at the door - I saw him drop them about two yards from the door; he got out of my sight, and was taken in about five minutes - he was a stranger; when brought back he said he did not take them, but afterwards did not deny it; they were delivered to Grant - I am certain they are the same.
Cross-examined by MR. PHILLIPS. Q. At first he said he was not the person, but said nothing afterwards? A. Not as to the charge, but he begged, entreated, cried, and said, if I would let him go, he would never do the like again - I was rather flurried, but had complete possession of my mind; I was more collected than I am now.
CHARLES GRANT . I am a Policeman. I was passing the shop - the prisoner was given into my custody with the handkerchiefs; I found two half-yards of calico, and half-a-yard of brown Holland on him.(Property produced and sworn to.)
The prisoner received a good character.
GUILTY. Aged 16.
Recommended to Mercy . - Confined Six Months .
ELLEN LEWIS was indicted for stealing, on the 31st of August , 1 watch, value 5l.; 2 seals, value 2l.; 1 key, value 9s., and 1 chain, value 1s., the goods of Robert Ricards , from his person .
ROBERT RICARDS . I live in Chiswell-street, Finsbury. On the 31st of August, about eleven o'clock at night, I was on Snow-hill , returning home quite sober - I was alone; the prisoner and two others accosted me as women of the town - the prisoner was nearest to my right; I did not countenance them at all, and almost immediately they spoke the one nearest my left hand touched me at the waist, and I supposed was going to take my ribbon - at that moment the prisoner snatched my watch out, and handed it to one of the others; it was silver, and cost me 5l. 10s. - I have never recovered it; they started in different directions - I ran about six yards, and caught the prisoner without losing sight of her; the whole transaction was not more than a minute.
Prisoner's Defence. I was going through Fox-court, and met the prosecutor very much intoxicated - he reeled against me, and asked me to take him home; I went on talking with him - he said he was very tipsy; that he had been with a lady, and spent all his money except a 5l. note - as we came along he met a girl who had been with him; she called him by name - he stood talking to her, and told her to come next night at eleven o'clock, and bring another young woman with her; I was going to wish him good night - he buttoned up his coat, and said he had lost his watch; I knew nothing of it - it was not on Snow-hill, but Fox and Knot-court; a boy saw me standing talking to him - the watchman was to have brought him.
MR. RICARDS. It happened at the corner of the court; I did not go into the court till she ran up it - I did not say I had been with another woman, or any thing of the sort; I did not speak two words to her - there is no truth in her statement.
JURY. Q. How long before did you know you had the watch in your possession? A. I had it at the Gloucester coffee-house, Oxford-street - I stopped no where after that, and firmly believe I spoke to nobody; I swear I saw my watch drawn out of my pocket plainly.
JOHN BLACKMAN . I did not see the prosecutor or prisoner till after the alarm - the prisoner made no defence at the time; the prosecutor might have taken a little, but was perfectly in his senses - he knew well what he was about.
GUILTY . Aged 19. - Transported for Seven Years .
1534. THOMAS FLINN and JAMES LANAGAN were indicted for breaking and entering the warehouse of John Leigh Frost , on the 19th of August , and stealing 20 yards of woollen cloth, value 15l., and 1 pair of boots, value 14s., his property; 1 snuff-box, value 15s.; 1 coat, value 30s.; 5 half-crowns, and 1 sixpence, the property of Josiah Greethead Strachan .
JOSIAH GREETHEAD STRACHAN . I am in the employ of John Leigh Frost , Blackwellhall-factor, at No. 39, Coleman-street, in the parish of St. Olave Jewry . On the 18th of August I left the warehouse, a few minutes before seven o'clock, leaving nobody there - I saw the warehouse secured, and Mr. Frost's son took the keys home; it could not be opened except by force - I returned a few minutes after nine o'clock in the morning; Mr. Frost's son had opened the warehouse before that - I had left locked in my desk a snuff-box, five half-crowns, and a sixpence; also a black coat hanging on the rail; I found the desk forced open - my coat was also gone; I saw the coat and snuff-box at the Mansion-house that day, when Flinn was in custody - he had my coat on when taken; the five half-crowns and sixpence were produced - I had no mark on them; I found the warehouse in great confusion, every thing thrown in a heap into the middle - I missed an end of cloth, which I saw at the Mansion-house that day; I am certain it was safe in the warehouse overnight - a pane of glass, thirteen inches square, had been cut entirely out of the warehouse window; several ends of cloth were piled near the window - the cloth appeared to have been drawn through the pane; it was worth about 15l. - I did not notice the window overnight; a person could get through the pane into the warehouse - Lanagan was in the employ of a person who had an office on out premises; Mr. Frost lost a pair of boots, which I saw at the Mansion-house.
Cross-examined by MR. HEATON. Q. Did you say Flinn had the coat on? A. I did not see him in it; the opening in the window was quite large enough for Flinn to have got through.
Cross-examined by MR. PHILLIPS. Q. How long before had you noticed the window? A. I cannot say - it might have been broken two or three days for what I know.
SOLOMON MOORE FROST . I am the son of John Leigh Frost - he has no partner. On the 18th I was at the warehouse till Strachan left - it was quite safe, and the window was secure I am certain, for I always look at it; I returned at nine o'clock in the morning, before Strachan; I was the first person there - I unlocked the door with the greatest difficulty, for the cloths were so piled against it; they were in their proper places overnight - I missed one end; Strachan's desk was forced open, and his coat gone - Lanagan was in the habit of passing the door, but I never saw him in the warehouse; a cupboard was broken open, and two bottles of wine drank on the premises - several things were left behind.
Cross-examined. Q. Had you seen the cloth recently? A. I had, a day or two before.
WILLIAM HILL . I am a patrol of Basinghall-street. On the 19th of August, between seven and eight o'clock in the morning, I saw Flinn coming down Basinghall-street from Cateaton-street, with a roll of cloth on his shoulder; I made up to him, and asked where he was going - he said to Goswell-street, but he did not know where there; I asked if he had an invoice of the cloth - he said, "What is that to you? what have you to do with it?" I took him to the Compter, searched him, and found a snuff-box, five half-crowns, and a sixpence on him, and some steel buttons; he had a dark coat on, and boots - I took the coat off at the Mansion-house, and Strachan claimed it; the boots were
ABRAHAM HAM . I am a patrol of Coleman-street: Mr. Frost's premises are on my beat. On the 19th of August, between seven and eight o'clock in the morning, I was walking through Coleman-street, and saw a person in the passage which leads to Mr. Frost's warehouse - I believe it to be Flinn; he had three parcels on his shoulder - it appeared to be cloth; I did not stop him, as I saw Lanagan standing at the door of the warehouse at the same time, and believing him to belong to the premises, I had no suspicion; the door was open - I am certain of Lanagan's person; I took him into custody on the morning of the 20th, and asked if he was at Flinn's house the night before, or on the morning of the robbery - he said No; I asked if he was not in the court at all - he said he was not: Flinn lived in Blue Heart-court, Little Bell-alley - I took him to Flinn's house, and saw Flinn's sister; I said in his hearing,"Did any body call on your brother the evening before the robbery?" she said Yes; I said, "Is this the lad that called?" she said Yes; I asked if he had called on the morning of the 19th - she said he had; Flinn was not present.
Cross-examined by MR. PHILLIPS. Q. Did you specify what day of the week you meant? A. I asked if he knew Flinn; he said he did not - that he had not been to his house the night before the robbery, nor in Blue Heart-court; I did not mention on what night the robbery was committed, but he was aware of it - I believe I have seen him before about the premises, but will not positively swear it; I think I have seen him a great many times going to and fro - his features are well known to me somewhere; I pass the place twelve or fourteen times a-day - I have been on duty in that street three or four months; I think I have seen him at evening and morning - I cannot say how often or how long before this; I never spoke to him - he had on a blue coat, and, I think, a light handkerchief; he had nothing with him.
COURT. Q. Are you quite certain he is the person you saw between seven and eight o'clock at the door of Frost's warehouse, which was open? A. The entrance door was open, and he stood at it.
ANN FLINN . I live in Blue Heart-court, Coleman-street. I do not know Lanagan; there were two persons in the habit of coming, so much alike, I could not tell one from the other - I do not know their names; Ham brought a person to me, and asked if I had seen him - I said I believed he was the person I had seen; I was not certain - I only believed it; Flinn was not there at the time he came.
JOSIAH GREETHEAD STRACHAN . This is my coat; I had had it about a month - this snuff-box I am certain of, it is tortoiseshell; my cousin's initials are on it - he had left it in my care; five half-crowns and 6d. were produced at the Mansion-house - they were the exact coins I lost; this cloth is Mr. Frost's, and is worth about 15l. - I am certain it was in the warehouse over night when I left; Mr. Frost's name is on the boots - a strange pair of boots, and a strange old coat were left behind in the warehouse; they were not so good as those taken away - two broken chisels and two old keys were left in the warehouse; the flap of my desk was forced from the lock - the chisels appeared to have been used to force the cupboard.
Cross-examined. Q. By what mark do you know the cloth? A. By the number, 15,025, and mark; I saw the boots there in the course of the 18th - I know the coat by a rent in the button, which I made in sitting down; Lanagan worked for Mr. Taylor, the City printer, who has premises over ours.
Flinn's Defence. I am employed by my father to deliver newspapers to the morning coaches, to go into the country - I went on the morning of this unfortunate affair, and when the newspapers are got rid of, the coachmen expect the venders to treat them with drink, which I did, and drank rather too freely; at the corner of Coleman-street I met a young man, previously known to me - he said, "I have got a roll of cloth - can you take it as far as Goswell-street for me?" I said I could - he took me up a gateway: he had the cloth, the boots, and coat, and three small bundles of paper - he said, "If you will take this cloth I will meet you in Old-street;" I said I could not, as I was obliged to go out, and had got a bad pair of boots on, as such I could not go - he said, "Well, here is a pair of boots, you can put them on, and you can put the coat on - and here is a snuff-box which I will give you to take the cloth;" I went on, staggered about, being rather in liquor, and the patrol stopped me - I answered him rather sharply, and told him I had brought it from Coleman-street; he said, "From any warehouse?" I said No, and wished him to come back, thinking the person would not be gone.
FLINN - GUILTY . Aged 20.
Transported for Fourteen Years .
LANAGAN - NOT GUILTY .
JOSEPH KENT . I live in William-street, Spafields, and am a turnkey of the New prison, Clerkenwell . On the 7th of September, between nine and ten o'clock at night, I was at Bartholomew fair , and saw the prisoner in conversation with others; I felt somebody's hand at my coat pocket; I cast my eyes round, and saw the prisoner at my side - I caught hold of his hand, with my snuff-box in it; he had got it quite out of my pocket - I gave him in charge: I was not interrupted in securing him - I never saw him before.
Prisoner's Defence. Please your Worship, three or four boys stood by my side; I was going to my sister's, who kept a gingerbread stall at the fair - I was looking at a show; the gentleman pulled me out, and said he took the box from my hand - it was never in my hand.
One witness gave the prisoner a good character.
GUILTY . Aged 14.
Fined One Shilling and delivered to his master .
Fourth Middlesex Jury, before Mr. Common Sergeant.
1535. BRIDGET GRIFFITHS was indicted for stealing, on the 12th of July , 1 bed, value 12s.; 2 bolsters, value 4s.; 1 bolster case, value 1s.; 2 sheets. value 4s.; 2 blankets, value 4s.; 1 rug, value 3s.; 1 quilt, value 1s.; 3 window-curtains, value 3s.; 1 saucepan, value 1s. 6d.; 1 flat-iron, value 6d.; 1 tea-tray, value 6d.; 2 cups, value 2d.; 2 saucers, value 2d.; 4 basins, value 4d.; 2 jugs, value 6d.; 5 plates, value 7d., and 4 pictures, value 4d. , the goods of Farinton Stephens ; to which she pleaded
GUILTY . Aged 19. - Transported for Seven Years .
1536. THOMAS JONES was indicted for stealing, on the 7th of July , 2lbs. of sugar, value 1s., and 1 towel, value 4d., the goods of George Bywater , his master ; to which he pleaded GUILTY . Aged 44. - Confined Fourteen Days .
1537. WILLIAM SMITH and WILLIAM PRICE were indicted for feloniously receiving, on the 5th of July , 1 promissory note, value 500l.; 1 other note, value 500l.; 1 Bank note, value 500l.; 6 other promissory notes, value 300l.; 6 other notes, value 300l., and 6 Bank notes, value 300l., the property of Thomas Jamieson , well knowing them to have been stolen ; against the Statute, &c.
MR. PHILLIPS conducted the prosecution.
THOMAS JAMIESON. I am a warehouseman , and live at Newcastle-on-Tyne. On the 5th of July last I was in Manchester, between one and two o'clock in the afternoon; the street was crowded - I went through the crowd on my way to the Albion hotel; I heard several persons cry "Make way! make way!" I looked round, and saw three gentlemen following me, whom I took for clerks in some warehouse; in attempting to go up the steps of the hotel, there was a large assembly, chiefly women, who opposed my passage, and after some confusion I felt a pressure on my body, and an attempt to take my watch, but it was not taken - I got into the hotel, and found, after some time, on putting my hand into my pocket, that my notes were gone- I had had 800l. in Bank notes in my pocket, and a 30l. promissory note; the largest was a 500l. Bank note - I had felt the notes safe when I got to Manchester, about twelve o'clock in the day; I had received the 500l. note in my own parlour at Newcastle, from Mr. Young, on the 3rd of July - I afterwards saw the two prisoners and another person named Weston before the Magistrate, in London.
Cross-examined by MR. CLARKSON. Q. You thought a snatch had been made at your watch? A. Yes - the persons were about me, but at my watch particularly; I was congratulating myself that they had not taken it; I never suspected I had lost any thing else - I had had the notes two days in my possession; they were wrapped up, and were in my left-hand breeches pocket, not in any case - I had thirty or forty sovereigns in the same pocket, and they were not taken; I slept at home on the first night after I received the notes, and on going to bed I left them in my trousers, which laid in my bed-room, with all the money in them - I examined them the next morning, in the coach, as I was going to Leeds; they were all right then, and I put the 30l. note with them - I counted them, and noticed the sum; I think you did not ask me last night whether I had counted or examined the notes. - (see page 678.)
Q. Did you not tell me that you did not count or examine them, but put the note or bill round them? A. I do not recollect hearing the question or giving the answer - I believe I said I did not take the notes from my pocket, from the 3rd to the 5th, when you first asked me the question, but on the second answer I said I did take them out; I considered the question to mean whether the notes were out of my possession - I did look at the notes and examine them; there was no person that morning in the coach but myself, so that they could not have been taken from my pocket in the coach - I do not recollect seeing them when I got out of the coach, but I felt them in my pocket.
COURT. Q. Did you sleep at Leeds? A. Yes - no one slept in the same room; I found the notes were there in the morning, and at Manchester I felt them in my pocket, but did not take them out.
WILLIAM BROADBELT . I keep the Two Bells, in Whitechapel-road. A man named Schooling came to my house on the 17th of July, between three and four o'clock in the afternoon - in consequence of what he said I afterwards saw Weston, and between eight and nine o'clock in the evening, I saw the two prisoners, and Weston with them, in a room up stairs in my house; a 500l. note was offered to me in the prisoners' presence - I saw something in Weston's hand; I went down and fetched a bottle of wine, and when I came up again the note laid on the table for me to look at; I do not know who laid it there - I said it did not look very nice, it being in two halves; Weston said, "If you will call for some paper and paste I will paste it togethere" - I said it did not signify; I put on my spectacles, looked at it, and put the two halves together in my left hand - I then rang the bell and called my wife to come in; I told her I wanted the cash-box - she brought it me; the men asked what notes I had got, and said they hoped I had not any big notes - I said I had four 20l. notes, about one hundred and forty sovereigns, and some 5l. notes, and they must take 10l. in silver or give me credit; I was to pay 350l. for the note - I had some officers in a back room, who then came in; the prisoners all rose up and were alarmed - I cried out, "Mistress, take the cash-box down stairs," and I cried out, "Come up all of you, I have got thirty men below;" the officers then handcuffed the men, and told me to put a signature on the note, which was then in my left hand - I laid it on the table; the officer called for a pen and ink - the prisoners then made a scramble at the note, and got the half of it, and I got the other; Smith said, "D-n my eyes, no man shall put a signature on that note" - they were at that time handcuffed; I do not recollect that I said any thing to them, but I looked at them, and they were all gulping together - Schooling and some others came into the room, but they did not say any thing; the prisoners were then taken away.
Cross-examined by MR. ALLEY. Q. And you would give us to understand that a note of this kind was brought to you for improper purposes? A. Yes - the officers were not in the room when the note was given to me, but they were behind; Weston came first, between five and six o'clock, but I did not see the prisoners till between eight and nine - Weston went out and brought them in; I do not know whether he saw them go by or not - what passed about selling the note was in the absence of the prisoners;
was Cross-examined by MR. CLARKSON. Q. Did you at any time see any note in the possession of Price? A. No; I have stated all the circumstances - I told the officers there was something trying on to pass a bad note, or a forged note.
MR. PHILLIPS. Q. Had you known a word about this hand-bill at that time? A. No - the prisoners were there when I was asked not to give large notes in exchange, and when I enumerated the notes, silver and gold - I did not know whether the note was stolen or forged, or why it was offered to me; I told the officer - Norris and Shields were sent for afterwards.
COURT. Q. At the time the three men were with you was the name of Schooling mentioned? A. No - he first came and said he knew a man who had a note to sell, and then the other came.
Smith. Q. Did not you say at Lambeth-street that it was Smith snatched the note and ate it? A. I said I thought so, but I would not swear it - I did go and touch you.
MR. PHILLIPS. Q. Were the whole three affecting to swallow at the same time? A. Yes.
JURY. Q. Which of the three was it who said he hoped you had no large notes? A. Weston.
JOHN NORRIS . I am an officer of Lambeth-street. Broadbelt made a communication to me on Saturday, the 17th of July, and I went to his house about eight o'clock in the evening; I was put into a room on the first floor - I had made an agreement to go into the other room when he called for his spectacles; Stocker, who is not an officer, was with me - when we went into the front room I found Smith, Weston, Price, and the landlord; the prisoners were sitting in chairs round the table - there was a bottle of wine and some glasses on the table; Broadbelt said, "I have the note, and Weston is the person who gave it me" - I said, "What note?" and he said, "A 500l. note;" I sent my companion for an officer - Shields came to me: we handcuffed the prisoners together - Schooling and some other persons came up; I put the prisoners up in a corner of the room, and told Broadbelt to put his initials on the note that I might see what it was - he sat down at the table and pulled out a note from his pocket, first one half and then the other; he put them on the table, and there was a sudden rush made on me by the prisoners - they all appeared to rush on me, and before I could recover myself they were all at a distance from me; I looked at their mouths, and they all appeared to be gulping - I will swear the two prisoners appeared so; one half of the note was missing from the table - it could never be found.
Cross-examined by MR. ALLEY. Q. Then you never saw it at all? A. No; they appeared to me to be halfnotes - I had not time to look at them; I have smacked my lips after a glass of wine.
MR. PHILLIPS. Q. Did they appear as if swallowing? A. Yes; they had drank some wine before I got there - I did not hear any thing said about the signature on the note.
JAMES SHIELD . I am an officer. I went to the house on the 17th of July, and up to the first floor; the two prisoners, and several persons were there - Price and another were tied together with a handkerchief; smith and Schooling were handcuffed; I saw two pieces of paper put on the table, but I had not time to look at them - I saw the one that was left; it was half of a 500l. note - when the papers were put on the table, the four men were placed at the further end of the room; Smith and Schooling complained that their handcuffs were too tight - I examined them, and found they were; I took out the key to loosen them, and they made a rush - I saw three of them scrambling over the table; their hands were off the table, and up to their mouths - they appeared to be chewing something; they afterwards complained of being thirsty, and a pot of half-and-half was given them; Norris took a letter from Price.
Smith. Q. Did you say that I, this man, and another, were reaching over the table? was I not handcuffed at the time to Schooling? A. I did not see him, but I saw you.
Cross-examined by MR. ALLEY. Q. Were they not so handcuffed that they could not reach over the table? A. Only one of their hands was fastened.
UTRICK WALTON DICKINSON . I am a clerk to Lambton and Co., bankers, Newcastle-on-Tyne. I got a 500l. note from Mr. Hedley, and gave it to Mr. Young - there were other notes, but only one 500l. and six 50l.; I am sure I gave the same notes to Mr. Young I received from Mr. Hedley.
SAMUEL HEDLEY . I am chief clerk to Lambton and Co., bankers, at Newcastle. On the 3rd of July I received a 500l. note from the branch Bank of England - I put it down to the debit of Mr. Jamieson, and gave it to Mr. Dickinson; I put it down in this book, and have the number - this is one half of it; it has the number, and my own hand-writing, 3rd July, 1830; it is"No. 133, 3rd April, 1828, Newcastle."
Price's Defence. I never had any thing to do with the note - I went in to take a glass of wine; I had been to see my little boy at school - I got off the coach, and Weston asked me to go in, and have a glass of wine; that is all I know.
Smith's Defence. I know nothing of it.
JURY to WILLIAM BROADBELT . Q. Did you expect to see any one with Weston in the evening? A. He said he would come between eight and nine o'clock, but did not say whether he would bring any one - I had not money enough in the house to pay them; I had not 100l.
MR. JAMIESON re-examined. Q. You say you saw some persons you thought respectable, were any of them like the prisoners? A. I could not swear to them - they seemed respectable young men, and their faces seemed familiar to me, but I could not swear to them - I am rather short sighted.
SMITH - GUILTY . Aged 30.
PRICE - GUILTY . Aged 37.
Transported for Fourteen Years .
Speldhurst-street , about eight o'clock in the evening, Eliza Bishop told me, a boy before me had taken my pocket handkerchief; I pursued, and took the prisoner, who had walked by me, with my handkerchief - I had had it not half a minute before; I told him to give me my handkerchief - he put his hand into his pocket, took it out, and gave it to me; he said he found it.
Prisoner. Q. Can you swear to the handkerchief? A. Yes; it has a mark on it; I had it from a friend some time before - it has the mark of Sarah Hardwine.
ELIZA BISHOP . I saw the gentleman go by the door of the house I live in - part of his handkerchief hung out of his pocket, and the prisoner took it out; I told the gentleman what I had seen - he went and asked the prisoner for it; he gave it out of his pocket.
Prisoner's Defence. I saw two boys running - they dropped a handkerchief; I took it up and called, but they did not stop; I put it into my pocket - the prosecutor came and said I had stolen his handkerchief; I said I had picked up one - I took it out of my pocket; he then took me; he said at the office that he had lost many handkerchiefs and he would make me pay for all.
GUILTY . Aged 17. - Transported for Fourteen Years .
ENOCH DUNKERLEY THOMPSON. I am master of the William, collier . I lost two shillings from a tin box in my state room - it opened without a key; there were fifteen shillings in it, two sixpences, and twopence - I had marked all the silver on the Thursday evening, and on Friday evening, about half-past nine o'clock, I missed two shillings of it; the prisoner was my cabin-boy - next morning I asked the mate if he could lend me 2s. - he said he had not got them; I then asked the prisoner; he said he had two shillings, which he received for taking some papers to the Coal-exchange, and he would lend me them; he then lent me the two shillings which I had marked - I handed them to the mate, who pointed out the marks to him, but he still said he had not taken them from me; I then missed the prisoner's indenture, and found two other shillings in his box, differently marked.
WILLIAM DUNN . I was present when the prisoner was laying the cloth for breakfast; the prosecutor asked me to lend him 2s. - I said I had not got them; he then asked the prisoner, who went to the half-deck, and brought these, two shillings, wrapped in a bit of paper.
Prisoner's Defence. I got the two shillings from the Coal-exchange, for taking up the ship's papers; my master knew I should get that.
ENOCH DUNKERLEY THOMPSON. Yes, he would.
GUILTY . Aged 17. - Whipped and Discharged.
1540. ELIZABETH HAWKINS was indicted for stealing, on the 19th of August , 1 handkerchief, value goods of Washington Cordon; and 1 handkerchief, value 1s. 6d.; 1 purse, value 1s., and 5 bottles, value 6d., the 1s. 6d. ; the goods of John Proctor ; to which she pleaded
GUILTY . Aged 21. - Confined Fourteen Days .
MR. PHILLIPS conducted the prosecution.
JAMES TREACHER . I am surveyor to the New River Company. On the 22nd or 23rd of July this plank was stolen; I saw it again in the possession of three little boys on the 6th of August - one of them was named Cole; in consequence of what he said I had the prisoner taken.
HENRY COLE . I live with my father. I was employed to keep possession of some goods at the King's Arms; I got into conversation with the prisoner one morning, who said he was going to saw this plank up for fire-wood; he asked if I would buy it - I asked what he wanted for it; he said 2s. - I gave him 1s. and a pot of beer for it - it was in my possession two or three days; I then sent it home by a cart and donkey, and it was stopped by Mr. Treacher.
WILLIAM LEES . I am an officer of Bow-street. Cole was given in charge in my presence; he said he gave 1s. 6d. for the plank to a person who lived at the back of the premises, but he did not know his name - I found the prisoner, and took him to Enfield, before Mr. Hardy; I did not say it would better or worse for him to tell the truth - he made this confession, and put his signature to it (read.)
NOT GUILTY .
MR. PHILLIPS conducted the prosecution.
ALEXANDER CUMING . On the 12th of August I had a situation in the St. Katharine-docks , and so had the prisoner. On the 13th of August he asked me to purchase a piece of rosewood, and I hesitated - he said it was worth 20s., and he would let me have it for 5s.; I said it was of little use to me, but if he got it out I would see about it - he said he would send it out that afternoon by Latham's cart; on the 23rd of August I saw him again, he said he had an opportunity of getting it out that morning by the dust-cart- he afterwards called me to his box in his office, and said there was a watch on it; it was stopped - when he showed it me it was by the pile of wood; it laid there a considerable time - it was then moved, and stuck into a pile of rosewood, in the north corner of the quay; I gave him half a crown on account of it - I was aware there was something dishonest; I gave information, and took advice of the superintendent.
Cross-examined by MR. LEE. Q. What are you? A. A stone-mason - I told the Police within an hour after the prisoner spoke to me; it was not removed till a few days afterwards - it was stuck into the pile on the 23rd, which was a very proper place.
WILLIAM LATHAM . On the 23rd of August I spoke to Cuming about moving some rubbish - the prisoner came up, and asked if he was going to cart away the rubbish; he said Yes - the prisoner then said, "You can take that bit of wood at the same time," and he agreed to
WILLIAM BROWN . I am a watchman to the St. Katherine-dock Company, by order of the superintendent; I watched a particular piece of rosewood - about nine o'clock, in the morning of the 23rd of August, the prisoner came, took it on his shoulder, carried it about sixty yards from the pile of rosewood, and threw it down by the side of a pile of logwood nearer the gate - I said, "What are you going to do with that piece of wood?" he said, "Merchants often have pieces lost, and that will come in for weight;" I made him take it back.
COURT. Q. Is the place, to which he took it, a place which Latham's cart would have to pass? A. Yes, within a few yards of it.
Cross-examined. Q. Where did you see it carried from? A. From the pile - the prisoner was foreman of that part of the quay; I thought he had a right to remove any timber.
Prisoner's Defence. Cuming said it was a nice bit of wood, and it would just suit him to make veneers - he offered me 5s. for it; I did not know he was going to take out any shavings for Latham - when he found the wood was not sent out, he told the superintendent; he came every day to ask me if I had got it out, and he named four houses at which I might leave it.
Prisoner. There were carts going out all day long - Cuming said he had sold it to a man at the swing bridge for 7s. 6d.; I never intended to let him have it - I moved it to know where to find it, to make up weight if it were wanted - a man, named Bonser, told me to do so; I told the Magistrate so.
NOT GUILTY .
1543. ROBERT TIPTON was indicted for stealing, on the 3rd of September , 2 bottles, value 6d.; 1 pint of rum, value 2s.; 1 half-pint of gin, value 2s.; 1 half-sovereign, 2 half-crowns, and 2 sixpences , the property of George Simpson .
GEORGE SIMPSON . I keep the Pitt's Head, Brunswick-mews, Bryanstone-square . On the 3rd of September my servant took some beer out at nine o'clock in the evening - she ran back, and gave me orders for a bottle of gin, a pint of rum, and change for a sovereign - I took a sovereign out of my pocket, and sent her for change; she took the change and the articles from me.
SUSAN BURNETT . I was in the prosecutor's employ. I took out my beer, and went to Lord Cathcart's, No. 3, Cumberlund-place - I left some beer there, and as I was coming back the prisoner met me, and asked if I served No. 3; I said Yes - he said I was to bring two pints of beer, with the liquor stated, and change for a sovereign; I went to my master, who gave me a sovereign - I got change, and took the articles to the house; I saw the prisoner at the door; he asked if I had the change - I said Yes; he said, "Give it to me and the bottles, and I will put them into my pocket" - I said, "You had better come in," but he refused; I gave him the change, and he put into my hand a King William's medal, instead of a sovereign, and ran away - I followed him; he took the bottles from his pocket, threw them down, and broke them - I called Stop thief! two men took hold of him, and held him - I came up, and gave him in charge of the Police; he said if I would let him go he would give me the change.
Cross-examined by MR. PHILLIPS. Q. What did he tell you? A. He said he was going to have a party with the servants, and told me to take the beer down; he put the bottles into his pocket - two men came up after he was taken, and wanted me to give them the piece of coin which he gave me, and asked me to let him go.
THOMAS BEAVIS . I am an officer. I was at the top of Great Cumberland-street; I ran down - the girl had the prisoner, and stated what she has now; the prisoner did not deny it, but said it was a lark - I took him into a shop, found the change, and nine keys on him.
Prisoner's Defence. I went to Bartholomew-fair, and from there to the Waterloo Arms; I drank freely - I called at a booking-office in Oxford-street, and drank with a friend; as I came out I stood looking at a scuffle, and a very respectable young man said to me, "This is something like Bartholomew-fair" - I got into conversation, and asked if he knew of any situation; he said, "I am going to No. 3, Cumberland-place to night, the servants will have a few friends, the butler is a good sort of a man, he will, perhaps, do something for you" - we went on to the corner of Cumberland-place, and the witness was going with some beer to the door; he said, "We wont go in without something, go and order some spirits" - I gave the order, and when it came, he said, "If you will go up, here is the sovereign;" and he put that piece into my hand - I gave it to the witness, and, I believe, I put the change in my hand; several people came up, and there was a cry of Stop thief! one of the bottles dropped from me.
GUILTY. Aged 36.
Recommended to Mercy by the Jury and Prosecutor, having a good character . - Confined Three Months .
MARY ANDEN . I am single . I lost the property stated on the 13th of August, from a box, which I had seen safe at four o'clock in the afternoon; I locked it, took the key, and went out; I came home at eleven at night, and on the 14th I found the box had been broken, and the articles were gone - I suspected the prisoner, who had come to see me that afternoon, and asked what was in the box, and whether I had any books; I said No - when I went out she asked what time I should return; I said about eleven or twelve.
SAMUEL GILLIES . I took up the prisoner on the 18th of August; she said little or nothing about the things, but I insisted upon having the duplicates, and she gave me eighteen or nineteen from her bosom.
Prisoner's Defence. I intended to return them when I had an opportunity.
GUILTY . Aged 19. - Transported for Seven Years .
THOMAS CHAMBERLAIN. I am a broker . On the 20th of August I left my house to attend a funeral at half-past one o'clock - I returned near eight in the evening; I then found these articles had been taken, and two other boilers - my shop is No. 38, Lower Sloane street ; I had known the prisoner when he was in the college - he was turned out from there; I traced this boiler and fender - I know they are mine.
MARK HOLDER . I am a sawyer. On the night of the 20th of August I stood at my door, No. 53, Lower Sloane-street - the prisoner came by with the fender on his shoulder; he said he bought it for 5s., but I should have it for 3s. 6d. - I gave him 3s., and told him to call in half an hour and he should have the 6d.
LUCY GROOM . I bought this boiler of the prisoner, and put it into my window - I believe he is the man; I had a slight idea of his face before - it was either on Thursday or Friday; the Policeman took the boiler.
Prisoner's Defence. I was turned out of the college for disobedience of orders, and smoking in the ward - I was going down the road, and met a man, who asked me to buy these things, and get 1s. or 2s. by them, and I should have them for 10s.; I said, "I will give you 8s.," and he took it.
GUILTY . Aged 49. - Transported for Seven years .
JOSEPH KAYE . I am shopman to Samuel Belcher and William Jones , linen-draper s, of High Holborn . On Saturday morning last the prisoner came in to look at a parcel of gown pieces; while she was looking, I saw her put one piece on one side - she bought goods to the amount of 7l., told me to send them to St. Martin's-lane, and she would pay for them; she went out - I then missed one print, and followed her; I told her I suspected she had taken a piece of print - she said No, I should find it on the counter; I said it would be better for us both to go back - she went back and examined the counter, but could not find it - I turned her shawl aside, and saw she had a bundle; I untied it, and found this print.
Prisoner's Defence. I went to see a piece of print - he asked if I lived in this part of the town, and asked me to take a walk with him on Sunday - I told him to send my parcels to the place I mentioned; I then went to buy a cap - he came and said I had a piece of print which was not my own; I said it could not be, I had only the one I bought - he then opened the handkerchief, and said that was it; he asked if I was married or single, and I told him to go to hell.
JOSEPH KAYE. This is the piece I took from her; she did not buy any thing - she had no money.
GUILTY . Aged 22. - Transported for Seven years .
MICHAEL CHARLES KEEFE . On the 8th of August I lost my watch, seals, and ribbon, and about 5s. in money; the watch was in my fob, and the money in my trousers pocket - it happened between eight and eleven o'clock in the morning, in a public-house in St. Giles' ; I had seen the prisoner once before, and on that day he and I went there together - shortly afterwards I fell asleep; when I awoke my watch and money were gone - I told the landlady, and she said the prisoner was gone; this is the watch - I have never seen the money.
Prisoner. I met him at a wine-merchant's. Witness. No, I met him in the street, and went into three public houses; there was a young woman who went off with another man - I did not tell him to take my watch to Mr. Martin, and get a few shillings for drink; I did not say if he had redeemed it like a man on the Tuesday night this would not have happened.
REUBEN MARTIN GADD . On Sunday morning, the 8th of August, the prisoner and three or four more came to my house in Berwick-street; I had known him before - they called for two pots of half-and-half; I took them in, and they called for two more - I carried them in, and said I should like my reckoning settled; they looked at one another, and the prisoner said, "You need not make much noise about it, I will leave my watch with you, for my master did not pay me on Saturday night - you must let me have 10s. more on it, and take the 2s. for your reckoning" - I heard of the prosecutor's loss on the Monday morning; I sent for him, and he described the watch, and offered to pay 6s. if I would lose the other 6s.; I said I would not - he then went to Marlborough-street - he stated that he did not know whether he had given the prisoner the watch, or whether he had stolen it.
Prisoner's Defence. He said, "I am going with this young woman - take my watch to Martin's, and get money or drink for it, which you like;" I was just coming from dinner when I was taken - the prosecutor said, "Have you money enough to redeem my watch?" - I said Yes, but I could not get it then, if he would wait till Saturday, the money should be paid into the landlord's hands.
NOT GUILTY .
JOHN FOORD. I am a carpenter . On the evening of Saturday, the 15th of August, I was in Henry-street, Hampstead-road - the prisoner accosted me, and wished me to go with her; I gave her a slight push, and found her hand in my right-hand pocket, dragging something out - I missed 5s. from that pocket; I gave an alarm - a man came up, and the Policeman took her.
JASPER LINCOLN . I was going up the street, and saw the prisoner seize the prosecutor by the right arm, and dash her hand into his pocket - she drew it out, and he sang out that he was robbed of 5s.; she ran across - I stopped her and said, "Here is the Policeman coming" - I held her till he came up.
Prisoner's Defence. I had 7s. 6d. in my pocket; I had changed 1s. at the Belvidere before I saw him - the Policeman used me very ill.
THOMAS WARNER. She threw herself down and screamed murder - it required two or three of us to take her to the watch-house.
GUILTY . Aged 22. - Transported for Fourteen years .
1549. THOMAS LANGDALE , JOHN BAKER , and JOHN MENDOS were indicted for stealing, on the 28th of August , 1 piece, containing 8 handkerchiefs, value 36s. , the goods of William Garrod and Bennett Sewell .
WILLIAM GARROD. I am a linen-draper , in partnership with Bennett Sewell; we live in Church-street, Hackney . We lost a piece of handkerchiefs on the 28th of August, containing eight handkerchiefs, but I was not at home.
WILLIAM CODLIN . I am a headborough. I was passing the prosecutor's shop on the 28th of August, and saw Baker and Langdale come out of the shop; I went in to ascertain if they had lost any thing; I then went to the station-house, and got assistance - we went out, and saw Baker and Langdale together, and Mendos a considerable distance from them; we followed them on to Clapton-pond - Mendos there left them, and ran down a turning; I followed Laugdale, and took him - I found nothing on him; he had a smock-frock on.
Cross-examined by MR. CLARKSON. Q. Was not Mendos a considerable distance behind the other two? A. yes, in the church-yard, but he joined them again near Clapton-pond; they then walked all three abreast - I saw Mendos turn down a turning, and an officer followed him; I took Langdale - I do not know how long Mendos was in my sight.
FREDERICK ALLEN . I serve in Messrs. Garrod and Sewell's shop; Langdale and Baker came in between eleven and twelve o'clock on the 28th of August - they wanted to look at some neck handkerchiefs, and I showed them some cotton ones; they would not do - I then showed them silk ones; they bought one, and paid 4s. for it - as they were leaving the shop they said if it would wash well they would be good customers; I did not miss any thing till the piece of handkerchiefs was brought back - Lang dale had a smock-frock on in the shop.
GEORGE HAMMOND . I am a Police-officer. I was on duty, and saw Mendos go down a turning; I saw my brother officer take Baker - he gave me information that there was another in a flannel jacket; I recollected I had seen Mendos with such a one, and I went and took him - I saw him throw a piece of handkerchiefs over a garden, but they are not this prosecutor's.
WILLIAM GARROD. These have my mark in my own writing; this other one is the one they bought.
HENRY COWDRAY. I found that one on Baker.
Langdale's Defence. I met Baker as I was standing near Bishopsgate-church - he went and bought a handkerchief, and then did not like it - it was not good enough for him; he went and bought that silk one: we went on through the church-yard - I was reading a tomb-stone, and lost sight of him; I walked on, and overtook him.
Baker's Defence. I was passing Bishopsgate-church, and saw Langdale - I said I could get him a situation; I called at Mr. Sexton's, and bought a handkerchief; it did not seem fit for the neck - I went on the Hackney, and bought a silk one, at the prosecutor's, for 4s.; I went on through the church-yard, and a quarter of a mile before we got to Clapton, a man was selling some handkerchiefs; I asked if he had any more - he said he had, and showed me these, which I gave 25s. for.
WILLIAM CODLIN. They ran into the church-yard, but in the road they walked very fast.
LANGDALE - GUILTY . Aged 19.
BAKER - GUILTY . Aged 18.
MENDOS - NOT GUILTY .
1550. THOMAS LANGDALE , JOHN BAKER , and JOHN MENDOS were again indicted for stealing, on the 28th of August , 1 piece, containing 8 handkerchiefs, value 21s., and 1 handkerchief, value 5s. , the goods of Humphrey Sexton .
ROBERT TRUMAN . I am apprentice to Mr. Humphrey Sexton, a linen-draper , of the Hackney-road . On the 28th of August I saw Langdale and Baker in his shop, about a quarter before eleven o'clock; Baker paid for a silk handkerchief, but both bargained for it - they were close to
GEORGE HAMMOND . I saw Mendos turn down a turning, and throw these handkerchiefs over into a yard; I knocked at the door, and asked the person to give it to me; I thought it was but one, but it was this parcel of handkerchiefs - I saw the person pick it up.
Cross-examined by MR. CLARKSON. Q. Is that person here? A. No; I saw Baker and Langdale - they did not turn the corner with Mendos; I had seen Baker pass that turning, whether Langdale had or not I do not know - I should think Sexton lives a mile and a half or two miles from where I took Mendos.
Langdale' Defence. I went with Baker, but did not know he had any thing; I missed Baker, but saw him again at the other end of the church-yard - I then went and asked Mendos the way to Shoreditch church.
Baker's Defence. I went and bought a handkerchief; how Mendos came in possession of these I cannot say - I never saw him before.
LANGDALE - GUILTY . Aged 19.
BAKER - GUILTY . Aged 18.
MENDOS - GUILTY . Aged 21.
Transported for Seven Years .
ELIZABETH ELEANOR YONGE . I am single . I lost my spoons from my beaufet, on the 5th of August, about the middle of the day - I let my parlour to a lady and her family; it was very hot weather, and she had the window open - she came into the back room to speak to the servant; I was in the passage, and saw the shadow of a dirty little girl - I went and saw the prisoner with my spoons; she put down two of them on the ledge of the window - she forced herself into the house, and put down these other spoons on the window.
Prisoner's Defence. I went up to the door with a few matches; I saw the two spoons on the ledge, but I did not touch them - the lady came out and searched me, and asked what I had; I said nothing - she gave charge of me.
GUILTY . Aged 13. - Confined Two Months .
THOMAS DRAWMER . I live with Mr. George Mew , in High Holborn . The prisoners came to his shop about four o'clock in the afternoon, on the 13th of August; they were about to make a purchase, when I saw Euston attempting to conceal something - the Policeman was sent for, and four handkerchiefs were found on Euston; they were half an hour or three quarters of an hour in the shop, and were both together - there were no persons near them.
Jones' Defence. I had been out, and in returning I overtook Euston - I said I was going to buy a handkerchief; I went into this shop and looked at these - I offered 4s. for one, the shopman asked 4s. 3d. for, and then they detected Euston; that is all I know.
JONES - GUILTY . Aged 23.
EUSTON - GUILTY . Aged 20.
Transported for Seven Years .
1553. JOHN HOPKINS was indicted for stealing, on the 31st of July , 1 cloak, value 2l.; 2 pairs of trousers, value 2l.; 3 coats, value 6l.; 2 shirts, value 10s.; 7 waistcoats, value 3l.; 4 pairs of boots, value 4l.; 1 handkerchief, value 3s., and 1 seal, value 10s., the goods of Thomas George Harriott , his master ; to which he pleaded.
GUILTY. Aged 18.
Recommended to Mercy by the Prosecutor .
Confined Eight Months .
THOMAS BAKER. I am a shoemaker , and live in the Edgware-road . On the 9th of August the prisoner came and asked for a pair of shoes; I had not a pair she liked - I said I had a pair of black ones, but she asked for red ones; she looked out a pair - I was to nail them for her, and she was to have them the next day - she was going out; my apprentice said she had a pair of shoes under her shawl, and she dropped a pair at her feet - I felt then and saw them at her feet; I was flurried - she ran out, and went up a passage; I was not able to hold her - she tore her clothes.
Cross-examined by MR. PHILLIPS. Q. Was she not to return the next day and pay for some? A. Yes; she did not move from the spot - my apprentice is not here.
THOMAS JONES . I was called while on duty - I found the prisoner on a stair-case in Bell-street, Edgware-road; I asked if she lived there - she said No; I said, "I rather suspect you are the person I want - you must come with me;" in coming down she said, "I did not steal the shoes, nor do any thing wrong;" when I got her to the door the prosecutor identified her.
Cross-examined. Q. Where was she? A. Concealed on the staircase of a third-rate house - she was standing on the staircase; it was a very dark entry - I was furnished with a light; it was half-past ten o'clock at night - I asked if she resided there - she said No.(Property produced and sworn to.)
NOT GUILTY .
The prosecutor did not appear. NOT GUILTY .
Second London Jury, before Mr. Sergeant. Arabin.James Brown .
WILLIAM POOLEY. I am a servant. On the 11th of August, at half-past eleven o'clock, I saw the prisoner coming out of Mr. Brown's door, in Honey-lane market - I had seen him before; he had lived opposite there - he had a bundle under his arm; he said to me, "Halloo, Bill," and ran down the lane into Cheapside; I went up stairs with a pint of beer, and said there was a thief - he was taken about a fortnight ago; I am sure he is the person.
WILLIAM SMITH . I am an officer. I have apartments in the same house; I looked for the prisoner and could not find him, till he was taken by Potter on another charge, in Surrey; the prosecutor on that charge did not appear, and he was detained on this - I said, "I want to ask you one question - what did you do with the pillows?" he said "I sold them to a Jew for five shillings, in Aldersgate-street;" I mentioned that Mr. Brown had lost them; Pooley forgot to tell you that he left his shoes, and ran down without them.
JOSEPH POTTER . I had the prisoner in custody on the 31st of August; I took him before the Alderman, and he was remanded - I sent to the prosecutor, and he was not at home; the prisoner was then remanded till the 2nd of September - he said, without having any promise or threat made to him, that he sold the pillows the next morning to a Jew for five shillings.
Prisoner's Defence. On the day I was taken, he had two glasses of gin and a pint of beer, and he confessed he did not know what he said nor what I said.
GUILTY . Aged 20. - Transported for Seven Years .
JOHN JONES . I am a linen-draper . On the 24th of July I was walking up Gracechurch-street, near Cornhill , between ten and eleven o'clock; I felt something touch my pocket - I looked round, and observed the prisoner running towards Leadenhall-street; I called out that I had lost my handkerchief, and pursued him; a person pursued, and took him; I saw him throw the handkerchief into a cart.
WILLIAM RHODES . I am an officer. I was on duty on the 24th of July - I heard Stop thief! and saw the prisoner running; I crossed and took him - the prosecutor came up with this handkerchief, which they took from a cart.
GUILTY . Aged 13. - Transported for Fourteen Years .
HENRY WALKER MOORE . I am a clerk to Mr. Robert Johnson , who is in the general Birmingham line , at No. 87, Queen-street, Cheapside . The prisoner came there on the 20th of July, between four and five o'clock - he said he wanted some needles; I said we had none, but could get them from Birmingham for him - he then asked to look at some pistols; he remained some time, and looked out several parcels of goods - I was making a memorandum of the goods he had looked out, and while doing that I saw him put something into his pocket - Mr. Johnson then came in; the prisoner asked for some other articles - I went to get them, went to Mr. Johnson's desk, and wrote on a bit of paper that I suspected the prisoner had got something in his pocket - he then looked at some things, and said he would call in half an hour and pay for them, and we were to make out the account in the mean time - he walked out, Mr. Johnson followed him into the street; he returned, and said if I was not long in making the account he would stop and take them - I made out the account; he looked at it, handed it to Mr. Johnson, and said he had not the money, but he knew what Mr. Johnson wanted, he wanted a deposit, and he would leave it - Mr. Johnson said, "No, you have been robbing me;" the prisoner had been taking the parcels out of his pocket while I made the account.
Prisoner. Q. What did I say? A. You said you wanted some needles - I do not recollect your saying if I would show you some samples, you would go to another place; this parcel of tweezers is not part of what you looked out - what you looked at laid on the counter.
COURT. Q. Did you see him take any of the parcels from his pocket? A. I saw one parcel, and Mr. Johnson put them aside.
ROBERT JOHNSON . This is my property. I saw the prisoner in the warehouse, and the witness serving him - he wrote on a piece of paper, and I watched the prisoner very closely, expecting he would take more goods, and I intended, while he was doing so, to charge him with it - I afterwards saw him take from his pocket a parcel of plated spoons, one of tweezers, and some cutting nippers; he had in the meantime walked to the door as if intending to quit the warehouse - he had not said any thing to me before that about these parcels; he was quite a stranger.
Prisoner. Q. Were there not more spoons than these? A. No, not where you were putting these down - the rest were all open; it was from ten minutes to a quarter of an hour after you returned back that you put them down, and you staid about ten minutes longer - you had looked out the greater part of the things before I came into the warehouse - I refused to show you any goods.
COURT. Q. Had he dealt there before? A. I did not know him, he might have been there.
Prisoner. Q. Did you search me? A. Yes, and found 8s., but no goods on you; you said you had a 50l. note to go and get change.(Property produced and sworn to.)
GUILTY . Aged 30. - Transported for Seven Years .
James Harrison , from his person .
JAMES HARRISON . I am a carpenter . On the 2nd of August I was in Long-lane at half-past ten o'clock at night; Tool took Harding, with my handkerchief, and Brunt was close to him - I had the handkerchief in my hand not two minutes before, and returned it into my pocket; I did not see it in possession of either of the prisoners - I cannot say who took it.
NOT GUILTY .
WILLIAM WOODS , ESQ. I am in the Herald's-office, under Sir George Naylor . The prisoner was occasionally employed by one of his servant s. On the 31st of July I went to the chambers, and was told by Mrs. Roberts, who has the charge of them, that she had missed two spoons, and suspected the prisoner; I told Sir George, who sent for the prisoner - she said she knew nothing of it; we sent for an officer, gave him another spoon, and told him to see if he could trace the other - on the Saturday he found them.
ROBERT CUFFLIN . I am shopman to a pawnbroker. I took in this spoon from the prisoner, on the 28th of July - I lent 6s. on it; she said she brought it for somebody else - she was in the habit of coming to our house; I saw this crest on it.
GUILTY of stealing, but not being a servant. Aged 45.
Transported for Seven Years .
THOMAS TOOLE . On the 25th of July I was coming up Holborn-hill ; I saw the prisoner and two others attempt to pick several pockets: the prosecutor was walking with a lady, and at the corner of Hatton-garden one of the two took his handkerchief, and gave it to the prisoner - I seized him, and we struggled together into the road; he threw down the handkerchief, which I told a person to pick up.
ISAAC FOULSTON. I lost my handkerchief, but knew nothing of it till Toole told me he had my handkerchief, and the prisoner; I had not seen him near me.(Property produced and sworn to.)
Prisoner's Defence. I was going up Holborn-hill, and got in conversation with two young men; Toole seized me, and said, "You villain, I have got you:" I am innocent.
NOT GUILTY .
JOSEPH BLYTHE . I am a gas-fitter, and live at No. 43, Clement's-lane. On the 8th of September, about five o'clock, I was near Chatham-place, Blackfriars - I saw Smith across the road, take a handkerchief from a gentleman's pocket, who was looking through the balustrades, at a rowing-match; Dixon was standing behind him - I went to go over, but a cart came by; I could not go straight across - I pursued, and took the prisoners: I could not get at the gentleman, there was such a crowd; two other persons joined the prisoners about twenty yards off; I followed them all till I saw Perry - he took the prisoners down to Bridewell, and found the handkerchief on Smith.
Dixon's Defence. I was not in Smith's company - I never saw him; I was talking to two persons - Smith came up and asked me to buy a handkerchief; I said No - he then asked another person.
Smith's Defence. I picked up the handkerchief, and asked several gentlemen if it was theirs; they said No - I then asked Dixon to buy it, and the officer came and took me.
DIXON - GUILTY . Aged 19.
SMITH - GUILTY . Aged 15.
Transported for Fourteen Years .
SARAH MELTON . I am the wife of William Melton - we live in Liverpool-street; my son, William Charles Melton , is six months old; I sent him out with Mary Ann Bevis between ten and eleven o'clock on the 29th of July; he had the necklace on then - I went to the watch-house upon information, and saw the necklace there, and also the prisoner.
MARY ANN BEVIS . I live with Mrs. Melton. I took out her little boy with a necklace on; I was looking into a stationer's window, and felt something pull the child's neck; I saw the prisoner walking away, and missed the necklace directly - the prisoner ran down Liverpool-buildings; I cried Stop thief! he was pursued, taken, and the property found on him at the watch-house - no one else was near me.
GEORGE IZOD . I was going down Liverpool-street , and saw the prisoner undo the necklace - he ran down Liverpool-buildings; I did not know him before - he ran into some house, and Goundry got him out.
WILLIAM GOUNDRY . I was coming through Liverpool-buildings, and saw the prisoner run into a stable-yard, and then into a place they call Bottle-alley; he went up the stairs of a house - I pulled him down, and took him to the watch-house.
Prisoner's Defence. I was stopping to look at a picture-shop, I saw the necklace on the ground, and took it up- I went down the place, and the gentleman charged me
GUILTY . Aged 17. - Transported for Fourteen Years .
MR. PHILLIPS declined calling any evidence.
NOT GUILTY .
JOHN STRACHAN . I am a journeyman baker , On the 14th of July I was at Messrs. Stubbs and Co.'s, Cannon-street ; I went up stairs for about five minutes, to deliver a bill - I left my basket of bread at the door; when I came back I was told two men had run away with two loaves - I pursued, and took the two prisoners, with a loaf each.
The prisoners pleaded distress.
PHILLIPS - GUILTY. Aged 18.
WILLIAMS - GUILTY. Aged 20.
Recommended to Mercy by the Jury .
Fined 1s. and Discharged.
1566. ELIZA JOMES , was indicted for stealing, on the 19th of August , one 10l., and two 5l. Bank notes, 5 sovereigns, and 1 promissory note for payment of 5l. 6s.; the property of Henry Thomas Green , from his person .
HENRY THOMAS GREEN . I am an engraver and printer , and live at No. 9, King-street, Snow-hill ; I am single - a little after twelve o'clock at night, on the 19th of August, I met the prisoner on Snow-hill; she accosted me - we got into conversation; she followed me to my house, and went in with me - I have no servant - I had a key, and let myself in - the whole house is mine; I had a 10l. note, two 5l. notes, a cheque for 5l. 6s., and five sovereigns wrapped up in the notes, and fifteen sovereigns in a purse in my pocket; I am sure I had it safe when I went in, in my left hand trousers pocket - the prisoner was not more than ten minutes or a quarter of an hour in the house - we were on a sofa in the drawing-room together; after she was gone I missed the notes and the five sovereigns, which were wrapped up in them - the fifteen sovereigns were left in my purse, in the same pocket; I had been drinking three half quarterns of brandy, with as much water as I chose - I had given the prisoner 2s. or 3s.; when I missed the notes and cash, I gave notice to our inspector, who walked round with me, but we could not find her that night; the next morning I stopped the cheque and 10l. note.
Cross-examined by MR. PHILLIPS. Q. Have you any lodgers? A. No: I have apprentices who were in bed and asleep; we have a woman who comes to assist us; I have three floors in my house - I have two little sons, but I do not know whether they were at home at the time; they are sometimes at their aunt's, and sometimes at school - one of them was at home that night, if not both - I sleep with them; I was sober - I am positive one of them slept with me that night; it being three weeks or a month ago, I do not recollect; one of them was at home, because I told him I had lost my money - I have two apprentices, who are sixteen or seventeen years of age - the prisoner drank something in my house; but I did not; she had a little gin out of a decanter; I had not known her before - I was neither drunk nor sober; I had taken no liquor but brandy that night, and very likely half a pint of porter at dinner - a person might have called and taken a little gin or a little wine, and I might have some with them - I was in no house drinking, except my own - I dined at home; I had drank the brandy and water from a quarter before ten till a little after twelve o'clock, at the King's Arms, Holborn-bridge - I paid three sixpences for it, and I went home from there, and was at no other house - I had been at home before I went to the tavern, I was not so tipsy that I did not know whether I gave this to the prisoner or not; I have heard she was taken the next morning and discharged - she was at liberty for a week, she went to demand 17l. which she had in her pocket, and was taken again; I told the inspector of my loss that night, but told him not to take any notice of it, as I had had a female in my house, which I know is not a proper thing; I told him to see if he could find her, and get my money.
GEORGE STEWART . On Friday, the 20th of August, I was on duty near Hampstead-road - the prisoner and another young woman were in a cab - the driver called me, and said they would not pay his fare; I said they had better go to the station-house - I there searched the prisoner, and found this watch, this 10l. note, and this money; she said she got the money from a gentleman she often met, when she left her situation at Blackwall.
Cross-examined. Q. You found a watch on her? A. Yes; the prosecutor did not claim that - I did not see him till the 1st of September; no one is here who saw him that night.
Cross-examined. Q. Is your name on any part of this note? A. No; it was not worth while to trouble Mrs. Deeves to attend; the inspector it not here.
NOT GUILTY .
OLD COURT. SATURDAY, SEPTEMBER 18.
First Middlesex Jury. - Before Mr. Common Sergeant.
JOHN GRAHAM. I live in Pratt-street, Camden-town . On Sunday, the 12th of September , I went out about one o'clock in the afternoon, returned about a quarter-past eight, and on entering the house my wife heard a noise in the kitchen; I fetched a constable, and we went down and saw the prisoner just at the area door, which was open - he said he had been pushed down the area, which was impossible, as there is a flap railing to the area; my wife remained in front of the house while I was gone for the officer; I had left the flap fastened with
Cross-examined by MR. PHILLIPS. Q. You were absent from one o'clock in the day - at what time the man got in you cannot tell? A. No; but he could not have been there long. NOT GUILTY .
Before Mr. Justice Bayley.
1568. THOMAS ASHE was indicted for that he, on the 27th of May , did knowingly, wilfully, and feloniously send a certain letter to His Royal Highness Ernest Augustus Duke of Cumberland , threatening to kill and murder the said Duke , which letter is as follows:-
Carlisle, May 27, 1830 .
SIR, - I am an unfortunate public writer by profession, and after wasting a rather lengthened career in the uses and abuses of the press, I find myself a solitary individual of the world, a vagabond in appearance, and a beggar, in fact.
While smarting under this mortifying condition last summer, I composed a work allied to the honour and interest of H. R. H., the Duke of Cumberland, and I refused from the booksellers one hundred guineas for the work. I confided the work to the hands of H. R. H., on the strict condition that he should return it to me, or explain to me the motives of its detention. H. R. H., has detained it in his possession ever since last summer, and has resolutely refused to give me any explanation whatever on the subject. I have wrote to every person attached to the honour and interest of H. R. H.; many remain silent, while others assert that they have been enjoined by H. R. H. by no means to enter into any explanation with me about the work in question. I begged of Mr. Conant, the Magistrate, to apply to H. R. H.; his interposition is interdicted. I caused Messrs. Mounsey and Grey, the Solicitors, to institute legal proceedings against H. R. H.; for the recovery of my work; they wrote to the private secretary of H. R. H.; he made no reply, and they refused to proceed further without I advanced the cost of proceeding by action of trover. I have not, Sir, wherewith to meet the exigencies of the day, much less to go to law with a Prince of the Blood Royal? What am I to do? Am I submissively to lose the subject and fruit of my labour, or am I to recover them, and to repel cruelty and contumely by such means as Fenton and Bellingham were driven to employ? I am doomed, and determined to recover them, or to perish in the attempt, and I now swear by the faith and honour of a man, and by that God who witnesses my distress, arising out of the Duke of Cumberland's conduct towards me, that if H. R. H. persists in detaining my property without explanation, that I will proceed up to London, and make the matter a personal question between us. This must make the question a question of Police, one that must fall within your jurisdiction, but as "prevention of crime" is said to be a marked feature of the New Police, I would implore you, Sir, to communicate with H. R. H., and to see that I recover my property from him without having recourse to measures that appal and horrify the mind. Bellingham wrote a letter of this nature to the late Sir Nathaniel Conant , the letter was regarded as an imbecile threat, and it cost Mr. Pereival his life. I want nothing of H. R. H. but my work; my property which he detains in his hands, and in proof that I wish to recover my work through legal agency, I invoke your interposition; If you refuse me that interposition, and regard this letter as an idle menace, you will act after the manner of Sir N. Conant, and invite the commission, in place of preventing crime.* I have the honour to be. Sir, your obedient Servant, THOMAS ASHE .
* The sentences in Italics had a line drawn under them.
Chief Director of the New Police.
2nd COUNT, Charging him with sending a certain letter without stating to whom.
3rd COUNT, for causing and procuring the said letter to be sent to His Royal Highness the Duke of Cumberland.
MR. GURNEY conducted the prosecution.
CHARLES YARDLEY . I am a clerk in the office of Police, Whitehall-place, Middlesex. I recollect receiving a letter by post (looking at one) - I believe this to be it, I have no doubt about it, except that I did not mark it; I have it to Mr. Mayne, the commissioner - it was in an envelope when I received it; I broke the seal - it was addressed, "To the commissioner of Police" on the envelope; I gave it to Mr. Mayne, with the envelope - I read it first, and have no doubt it is the same.
COURT. Q. Did you deliver to Mr. Mayne more than one letter of that description? A. I did, but one other, that was to the same import as this.
MR. GURNEY. Q. Is this letter written in blue ink, the other? A. Yes.
COURT. Q. Where did you get that letter? A. I received it in the same manner by post; I speak with certainty to the second letter, but not to the first - I only delivered Mr. Mayne two of this description.
RICHARD MAYNE , ESQ. I am a commissioner of the new Police. I received this letter from Mr. Yardley, it was in an envelope; I threw the envelope away after a few days - I sent the letter under seal to Colonel Poten; this other letter, written in blue ink, and signed Thomas Ashe , came a considerable time afterwards.
COURT. Q. Did you make any mark on the letter before you sent it to Colonel Poten ? A. I did not; I had observed it sufficiently to know it is the same - I had frequent occasion to notice it; there is a mark here - I am not sure whether it was made by myself; I believe not, but I observed it shortly after.
COLONEL FREDERICK POTEN . I am aid-de-camp to His Royal Highness the Duke of Cumberland - (looking at the letter) I received this letter from Mr. Mayne, at least from the commissioners of Police, sealed in a cover; it was accompanied by a note which I have not got - I do not know what has become of it; I believe it is destroyed - I did not keep it; I do not keep notes of that kind - I read the letter; I gave the letter and note to His Royal Highness, who read it in my presence.
Prisoner. Q. I wish to ask Colonel Poten when he delivered the note and enclosure purporting to be mine, what observation did His Royal Highness, make to him, Colonel Poten ? A. I do not recollect what observation His Royal Highness made on it.
Prisoner. Q. I wish to ask whether Colonel Poten does not recollect some gesture or passion which indicated His Royal Highness' mind? A. I do not exactly.
MR. GURNEY. Q. Did His Royal Highness direct you to do any thing with the letter? A. Yes, he directed me to send it to Lord Wynford - I am doubtful whether I sent it or took it myself; if I sent it, it was under seal.
THOMAS QUICK . I am an officer of the Police. On the 17th of July I was stationed at Kensington, and at seven o'clock that morning I saw the prisoner come out of a house, No. 17, King-street, Kensington-square; I followed him to Kew-green, and there saw him accost a
Prisoner. Q. Who instructed you to follow my steps? A. My superintendent (Mr. Williams) directed me closely to observe you, and follow you wherever you went; he did not tell me for what purpose.
Q. Where you informed my object was assassination? A. Not directly; I had no directions whatever in that respect - I had no instructions to hinder you from committing mischief.
Q. Would you have prevented me from murdering the person I addressed that day, or any other person? A. Most certainly I would - it did not appear to me that you and the person you spoke to were strangers to each other by any means; I did not see him smile at you; but from the affability of manners, I thought the prisoner and him were acquainted; there was a report of a marriage taking place that morning; I observed a few people going in a direction for the chapel, but not many; there was no public assemblage - I did not know that the Rev. Mr. Jelf, the tutor to Prince George, was going to be married that morning to a lady in waiting.
COURT. Q. You did not know that any body belonging to His Royal Highness' household was to be married that day? A. No.
Prisoner. Q. Were there not several carriages rolling by the residence of the illustrious personage in question? A. I observed two, one stopped at His Royal Highness' gate; two or three people got out and entered His Royal Highness' residence; two of them were ladies; I cannot swear whether there was a third person or not; I do not know whether you were reading the motto on the carriage, nor whether the motto was"Felix in Felix" - I cannot tell whether you were armed; I saw no arms - he kept his right hand in his coat pocket; the pocket was in the pleat - I could not judge whether any arms were there, as it was a large surtout coat; I saw nobody but the servant hold any conversation with you - I had no instructions to prevent you assassinating any person, but on my own responsibility I would have done it.
JOHN MAY . I am a superintendent of the New Police. On the evening of the 17th of July I went to No. 17, King-street, Kensington, and there found the prisoner; I took this letter with me - (the one written in blue ink) - I only had that letter at that time; I showed it to the prisoner, and asked if he knew the hand-writing - he hesitated a little, and answered Yes; I then asked if he had been to Kew that day - he said he had; I asked if his name was Thomas Ashe - he said Yes; I asked if he was from the north, near Carlisle - he said he was; I then took him into custody: on the 19th, at twelve o'clock in the afternoon, this other letter was shown to him at Bow-street, by Sir Richard Birnie , while he was under examination; what he said was taken in writing.
Prisoner. Q. Was Saturday, the 17th, the first day you called at my lodging? A. No; I believe I first called on Thursday, the 15th, or on Friday, it mght have been Wednesday - I will not be positive whether it was Wednesday or Thursday; I spoke to the landlady of the house- I was in private clothes.
Q. Was the object of your visit to debauch her mind, or set her as a spy on my actions? A. No; I did not tell her I was an officer, or desire her to conceal from you that I had called; I know I could have apprehended you before I did; I took you exactly at a quarter before ten o'clock in the evening - I believe you were either in bed or getting in; the door was locked or bolted - you had come home about ten minutes before I arrived; I had no opportunity of taking you earlier on that night: you stated you had taken physic, but did not appear unwell; you said you were the writer of that letter: there were no arms in your room; there was nothing suspicious in your appearance or demeanor.
JOHN EDWARD CONANT, ESQ. I am a Police Magistrate. I know the prisoner; I have correspondence with a person of the name of Thomas Ashe , but have never seen him so as to know he was the person with whom I corresponded.
There being no proof of the letter charged in the indictment(which was not the one in blue ink) being the prisoner's handwriting, the prosecution was here abandoned.
NOT GUILTY .
Before Mr. Justice Bolland.
1569. CHARLES HENSON , MARIA KING , and MARY ANN WILSON were indicted for feloniously assaulting Louisa Rebecca Elliss , on the 2nd of August , putting her in fear, and taking from her person, and against her will, 2 neck-chains, value 4l.; 1 eye-glass, value 30s.; 1 brooch, value 8s.; 1 pair of ear-rings, value 4l.; 1 sovereign, and 3 half-sovereigns, her property .
MR. PHILLIPS conducted the prosecution.
LOUISA REBECCA ELLISS. I live at No. 3, Church-passage, Basinghall-street - I know the two female prisoners. On the 2nd of August I went to No. 7, Francis-street, Vinegar-yard - Henson opened the door to me; I sent out for a quartern and a half of gin - I had two sovereigns, and four half-sovereigns, but no silver; I sent half a sovereign out for the gin - Henson and Wilson partook of it with me; another quartern and a half was got, which Henson gave Wilson the money for - the witness Murray came in, and partook of the gin, and soon after the prisoner King came in, we had some coffee; I sat down on a sofa in the room, and am quite certain when I sat down that I had my purse in my bosom - soon afterwards Wilson, King, and Murray accompanied me into the yards, leaving Henson in the room; a piece of tobacco-pipe was thrown down into the yard, as if from the room we had just left, and just at that time Wilson said,"Take care, Miss Elliss, you don't drop your purse down that hole" - I did not observe any hole; I said, "Oh no, it is in my bosom" - I put my hand to my bosom, and said immediately, "Oh no, it is gone;" I immediately returned to the room, and the purse was on the sofa - I opened it, and immediately said, "I have been robbed;" three half-sovereigns and some silver were gone - Wilson
Cross-examined by MR. BARRY. Q. Are you sure Louisa Rebecca Ellis is your real name? A. That is my real name - I never went by any other names in my life; I never went by the name of Rebecca French - I was never called or known by that name, or any other than I have given; I am a housekeeper, and am partly under the protection of a gentleman who was in Switzerland at the time - he wrote to me from there on the 21st of June; he left town sixteen or eighteen days before this - I occasionally see other gentlemen; I had never been to this house before - I went there to see Wilson, having heard she was ill, and I had previously known her- I did not find it to be a "company house;" I was on good terms with Wilson - I left home about a quarter or half-past ten o'clock; I called on Mr. Buchanan, my doctor, and on Mrs. Buckmaster, a dress-maker, to know where Wilson lived; I called no where else, and drank nothing before I got to Wilson's - I usually drink wine, but sometimes take none all day; Wilson asked if I would take any thing - I said I did not care, and asked what she would have - she said gin, and gin was sent for; I took part of a glass - three quarterns were sent for while I was there; a dirty little girl was sent for it.
Q. Will you swear eleven quarterns were not sent for before you went into the yard? A. I swear it was not so, and that I was sober - I felt a sensation after taking the coffee which I never felt before - it was not through the gin; two hours nearly elapsed between my taking the coffee and the gin - I did not go to sleep on the sofa; I felt faint after taking the coffee, for eight or ten minutes; they were all in the room then - I had seen Murray several times before; she is a woman of the town.
Q. Did you join the party she was in? A. The truth is, I was ashamed she should see me there, and turned my head when she entered, and she wished to avoid me - we were obliged to recognize each other; before I sat on the sofa, some triffling dispute arose about the French polish on my table - Wilson was speaking of her table being polished; I told her I had spoiled mine with French polish, and should not have been out, but I was going to my cabinet-maker's to send to do it again; we had a little dispute about it, but not a quarrel - I was not sick at all there; I went into the yard, complaining of faintness - when I left home I had four half-sovereigns, two sovereigns, and 5s. 6d.
Q. When you returned to the room, and charged the persons with stealing your money, did they not one and all become indignant at it? A. Only Wilson - King said nothing till she offered to be searched, but she had been out of the room several hours; we all nearly stripped - they did not say any of the money had fallen from me when on the sofa - it might have gone down some cracks; the carpet was taken up after the table was thrown over, but no money found; I took up one sovereign before the carpet was taken up - it was not taken up till after I returned to the room; it was kicked along the edges, but not taken up and folded - I observed no hole in the yard; when I returned to the room I found a pipe with a piece broken off it; I did not fight with King - I defended myself as well as I could; she was dreadfully abusive, but I could not contend with her - my ear-rings were not torn out in the scuffle; I was upon my feet when they were torn from me - they were then trying to eject me from the house; the officer has my ear-rings and chains - I still miss a brooch; a comb which was in my hair has been found since.
Q. Did you not state at the Police-office, that you believed they did not intend to rob you? A. I said I was extremely ill-used - I was cross-examined, and Mr. Platt all but urged it on me; he told me to remember the prisoners, and said, "Don't you think it possible they tore the things from you with a view to disfigure you and injure you?" and at last I said (by his persuasion) possibly it might be so, but that was not the statement I gave before Mr. Broughton - I said I thought it very impossible, and next to impossible that my purse could have fallen out of my bosom; I had a high neck dress on, fastened behind - I put my purse inside.
Cross-examined by MR. CLARKSON. Q. Did you at any time tell Mary Gibbs , that you did not believe Henson had robbed you? A. Never - she is my washerwoman; I never told her so - she begged me to be merciful to Henson, and to spare him, but she wished the women might be punished; I said I would not more than I could help, but I must speak the truth, and I believed it was him received the money from King - I never asked Murray if Henson had any property, or that I had inquired and found he had- I never inquired about it; I do not know Howarth - I was fainting in the street, and had a glass of water, but from whom I do not know - I was never in Howarth's house; I swear I was sober - the child only fetched three half-quarterns of liquor while I was in the house.
MR. PHILLIPS. Q. How often do you think King left the room before she offered to be searched? A. I think three times, but will swear to two - I did not find either of my half-sovereigns; I only went there to see Wilson - she had previously told me how very badly she was off, and had neither money nor clothes; when I got there she told me she was ill, she had not been out for a week, and had no clothes to come out in; I went to relieve her - my ears are now so sore, the rings are fastened to them with loops.
COURT. Q. You said at the examination you did not think the chains and ear-rings were taken to rob, but to injure you? A. Yes - I am perfectly satisfied if they could have taken them they would.
MARY ANN MURRAY . I live at No. 42, James-street, Hoxton. On the 7th of August I was at Wilson's house in Francis-street; I found the prosecutrix, Henson, and Wilson there when I entered - King came in in about a quarter of an hour: Elliss was sitting down in a chair when I went in; after having some gin she took some coffee, and sat on the sofa - King sat on the foot of the sofa: about ten minutes or a quarter of an hour after taking the coffee she said she felt rather faint; (she was not sick) - Wilson and I accompanied her into the yard; a pipe of tobacco was thrown down, and Wilson said, "You have dropped your purse, mind your purse, for there are holes in the yard;" she missed her purse - we returned to the room, and she found her purse on the sofa, opened it, and accused them of robbing her of three half-sovereigns; she took off the best part of her things, because they supposed she had the money about her - no half-sovereigns were found: she then opened her purse, and put out two sovereigns and some silver on the table - the table was upset; I do not know how - Elliss did not do it; the three prisoners were in the room - Elliss picked up a sovereign, and some silver was found; Elliss said one of the sovereigns she had put on the table was gone - King said, "You may think yourself lucky you have got that, for there are cracks in the boards;" the carpet was moved to search - I remember King pulling off her clothes; nothing was found on her.
Q. We understand there was an outrage, and the brokers came in - in what state was Elliss' face and ears at that time? A. Bleeding, and she was without her chains and ear-rings - she complained that her property was in the house; the brokers demand 22s. - some money was offered them; Elliss said, "Don't take it, it is my money - I am robbed;" some officers came; I went with her to the station-house: she was very faint then - she had washed before that; Wilson said to Henson, "Go up stairs, and you will find the money to pay the brokers;" I got the chains and things afterwards, and handed them to the constable; the half-sovereigns and sovereign were never found.
Cross-examined by MR. CLARKSON. Q. You and Ellis are in the same kind of life? A. Yes, and the female prisoners also; I got to the house about half-past eleven or twelve o'clock in the morning; there was some gin in a decanter on the table - there appeared very little, and in about five minutes, Elizabeth Howard , the little girl, came, when Wilson called her to fetch an errand, which was more gin; I think it was about a pint decanter - I will not swear it would not hold a quart; I swear Howard did not go for gin above three times - I did not notice whether she took the decanter; none of us got drunk: gin was only fetched three times, and it was only 6d. worth each time.
Q. Will you swear the girl did not go nine times, and that there was not as many as eleven quarterns and a half of gin? A. Yes: I have had no conversation with Elliss about Henson having property, not a word; she did not ask if he had property, or say she had made inquiry, and
Cross-examined by MR. BARRY. Q. Are you in the habit of taking gin so early? A. No; I was not the least in liquor; there was no quarrel about the French polish, nor any altercation - I picked up one chain, and King the quizzing-glass, and gave it to me to give Elliss; I had not known Elliss long - when the broker came Wilson said the money was up stairs.
MR. PHILLIPS. Q. Was there any quarrel or dispute about the French polish? A. No; Elliss did not appear faint or ill till after she had had the coffee.
COURT. Q. Where you at the table all the time the gin was there? A. Yes; Elliss partook of part of what was sent for - she had about three glasses.
ANN PHILLIPS . I am servant to Miss Elliss. On the 2nd of August she went out about eleven o'clock in the morning - I saw two sovereigns, four half-sovereigns, and some silver on her dressing-table before she went out - I put it into her purse, in her presence; she went out immediately.
Cross-examined by MR. BARRY. Q. How did you happen to put it in? A. I always assist in dressing her, and saw her count her money.
HENRY PICKFORD . I am a broker, and live at Eastrow. On the 2nd of August I went to this house for 22s. - I waited for the door to be opened; the warrant was signed against Wilson - Henson is not master of the house; I saw the prisoners there, and saw Elliss in the act of putting her petticoats on - she had a blow on one eye, which bled profusely; I did not observe her ears - she seemed particularly agitated, and said she had been robbed - all the prisoners were there; Henson offered me 11s., which I refused - some person said, "Go up stairs and fetch the money;" I cannot swear which it was, but I think it was Wilson - some money was brought down, which Henson offered me; I did not see whether it was gold or silver, for Elliss immediately caught hold of my hands to prevent my taking it, saying she had been robbed of it; she certainly knew what she was doing, though agitated; Henson said if she had been robbed to seek her redress - I afterwards went into the next house, which was empty; King came in after me, and I received from her two half-sovereigns and 2s. - she said if the prosecutrix had been robbed it served her right, for she had robbed hundreds.
Cross-examined by MR. CLARKSON. Q. This is a house where girls of the town live? A. I presume so; I certainly took the prosecutrix to be the worse for liquor, but still to know what she was about; Murray seemed the most collected - I did not notice any being the worse for liquor but the prosecutrix; I did not know this house before, nor the prosecutrix, though it seems she had seen me; the landlord-had informed me he wished to get rid of the party because it was a had house; Henson did not offer to send for a Policeman in my hearing; I was not above ten minutes settling my business - Elliss said, "For God's sake, if you are an officer, protect me, for I have been ill-used and robbed."
Cross-examined by MR. BARRY. Q. You found you had seen Elliss before? A. She bought an article at my shop two months before, and I took it home; her name is on the door, on a brass plate.
MR. PHILLIPS. Q. Did Murray appear perfectly capable of observing what occurred, and understanding it? A. Certainly.
COURT. Q. Can you say whether Elliss' appearance arose from agitation or intoxication? A. No; I cannot say that she appeared particularly agitated.
DANIEL BRETT. I am servant to Thomas Hempson , of East-row, coal-merchant. I was at work next door to Wilson's house, heard a disturbance, and saw Elliss; she complained of being robbed - I know Henson very well; I saw him go up stairs in the house and fetch a purse down - I saw him take two sovereigns out of it and offer to King - she took it, and went into the next house with Mr. Pickford; Elliss said, "It is my money, I have been robbed, do not take it."
Cross-examined by MR. CLARKSON. Q. Was Elliss drunk or sober? A. She was not tipsy; I cannot say she was right, because she had three glasses of gin, for I saw it fetched - I was at work, painting, next door; I do not know how many houses of ill-fame there are in the street; I do not live in the neighbourhood - I went into the house to assist the broker; I did not see Elliss drink the gin, but speak from what she said at Worship-street; I saw the little girl go out with a basket, but only once - I was there from ten o'clock to five; I heard a noise in the house between two and three, and between three and four I went with the broker to distrain - it was about four; I saw the little girl go out with a basket - I did not see the bottle; I saw the bottle on the table when the door was open - it was a green bottle, not a decanter; I did not go in then, for the warrant was not signed - the bottle held about half a pint - it was not so large as a wine or porter bottle; it was a green bottle - I do not know whether it was a decanter; I saw no gin in it; it was just as I passed the door to go to work - the door opens directly into the room; when I heard Elliss say, "I have lost my money," they instantly shut the door - the broker had not come; I went to look for him; he came down with me, and we waited outside about a quarter of an hour till Henson opened the door; it was not open when we got there - I cannot say Elliss was tipsy, she was not right down sober; Murray was, and so was Henson.
MR. PHILLIPS. Q. Murray was able to attend to what was going on, and to give a correct account? A. She was.
ANN ELIZA GIBBONS . I am the wife of John Gibbons , a watch spring-maker, and live at No. 16, Francis-street. Wilson's house is No. 7. On the 2nd of August I heard a screaming there, and a voice exclaiming, "You have robbed me; give me my money, I will have my money;" about a quarter of an hour after that, I saw King come out and go to No. 18, next door but one to me, where she lodged - when she got into the street I heard her say, "I have done her, and I am the one that can do her; I will give her a b-y good hiding, and b-r her" - she came out of that house in about ten minutes, and went into Wilson's house again; after that I heard several voices, but my attention was most particularly drawn to the voice, saying, "Give me my money," which I heard repeatedly - King came out of the house again in the same bouncing manner as before, using much the same expressions; she went back again, and every time she went back the noise was greater - I saw the door open, Henson was on the side of the prosecutrix, and Wilson with her hands up, as if she had hold of the prosecutrix; Henson was in a stooping position, and so was the prosecutrix, with her leg turned up behind - I only saw the back part of her leg; I did not see Henson do any thing then; I afterwards saw him strike the prosecutrix; I was then standing opposite their door - the door was shut too; after that I heard screams of Murder! and saw the prosecutrix violently shoved out of the house; she knocked for admittance, and her bonnet was thrown out to her - her face was bleeding; she said, "I have been robbed in that house, and cruelly beat," and desired me to send for a Policeman, which I did - I took her into my house to wash her, and she was in a dreadful state; the blood poured from both her ears, and she had a dreadful black eye - her senses were quite correct when she spoke to me, but she had not been many minutes in my house before she fainted; she fainted three times; after this King came into my house - the prosecutrix was bleeding at the time; King said to her, "Do you say I robbed you, do you say I gave you that black eye," and immediately struck her in the face, and made her mouth bleed - it had not bled before; the prosecutirx could not answer her - she had just recovered from a fainting fit; one of her ears was torn right through the flesh - she did not appear to me to be intoxicated, she spoke so collected; she was very much exhausted indeed - I had no doubt she had been drinking.
Cross-examined by MR. CLARKSON. Q. Why have you no doubt of that? A. Because I saw liquor go into the house once or twice; I did not think her intoxicated, I swear; I thought her sober, quite so - my son and husband came in and saw her; there are a great many had houses in that street - this is one, and No. 18 also, which Samuel Howarth keeps; I never saw Elliss before: I follow no business - my husband has a small workshop in the house, and supplies tool-makers; I have lived there three years and a half.
Cross-examined by MR. BARRY. Q. Does your son live with you? A. yes - he is not married; a woman led him away, but he never lived in my house with her; he does not live with her now - we are always talking to him about it; Elliss did not go into Howarth's house, but into mine - Murray came in with her.
COURT. Q. When Wilson came out and said what you state, did she add, "For saying I have robbed her?" A. Yes, and she said so twice in my house.
JAMES BROOKS . I am a Policeman. I went to Mrs. Gibbons' house about five o'clock, and saw Elliss all over blood, bleeding profusely from her eyes and ears; the blood was running down profusely - she appeared agitated and very weak from the loss of blood; in consequence of what I heard I went to No. 7. Francis-street, tried to open the door, and found it locked - I heard either a lock or window fastened while I was attempting to get in; I staid there a quarter of an hour - other constables came, and it was opened; I had required that it should be opened when I first went but it was not - I found the prisoners there, and took them into custody; they said they were innocent.
Henson's Defence. I called at Wilson's that morning, and had not been there long before Ellis came in; I did not know her before, and went into the kitchen - she persuaded me to come into the parlour, and sent for half a pint of gin- Murray came in, and she sent for another half pint; there were four half pints sent for - that is all I know.
MARY GIBBS. I live in Shepherd's-walk, City-road, and am a laundress. I have known Elliss about eight months, and wash for her; she told me she was very sorry for Henson, and she hoped it would be favourable with him - she did not say who robbed her; I once asked if it was Henson had robbed her; she certainly said she thought he never did rob her - I have seen Murray twice since this- she asked me if Henson had property, and said she had made inquiry, and was told he had; I said he was a hardworking man, and what he got was by industry; I have known him sixteen years - his father is a gingerbread baker, next door to me; he always bore an honest character.
MR. PHILLIPS. Q. Did you ever know he was master of the house in Francis-street? A. No, he was not - he lived at his father's; I heard of his being taken on the Wednesday or Thursday as this happened on Monday - I went to Elliss, and begged her to be as favourable as she could to him, and she said she did not wish to hurt him, but she must tell the truth - she said she had been robbed, but could not tell where the money went, or which of them had robbed her; I saw a mark on her face, and she had a black eye.
ELIZA HOWARD. I am ten years old, and live at No. 3, Francis-street. I remember the disturbance at No. 7 - Miss Elliss sent me to fetch the best gin that day about ten o'clock - I got sixpenny worth at a time, that is a quartern and a half - she gave Wilson the money for it, and Wilson gave it to me with a decanter to get it in, not a green bottle; I got it from Shepherd's public-house, in Old-street-road - I went for gin ten or eleven times for her; I received the money from Wilson, and once from King - Elliss gave it to King to give me; I am almost sure it was eleven times - it was ten or eleven; I changed half a sovereign in the morning the first time, and paid 6d. each time - Elliss gave the money for it each time; I got the same quantity each time - the last was about four o'clock.
MR. PHILLIPS. Q. How did you happen to go to the house? A. Wilson called me - I did not know her before- she did not pay me for going; when she wanted gin she called me from her mother's, from her own door - we
MR. CLARKSON. Q. How many shillings does half a sovereign amount to? A. Ten - if I take 3s. from 10s. there would be 6s. left; if I took 6d. from half a sovereign there would be 8s. 6d. left - I got 8s. 6d. change out of the half-sovereign, not 9s. 6d.
COURT. Q. Had you ever been to the public-house before for the people at No. 7? A. Three or four times - I went eleven times that day for Elliss; my mother knew I went once or twice; she scolded me once for it, when I had been about nine times.
ELIZA HOWARD. I am this child's mother. On the day in question I was washing next door but one, round the corner; I left my daughter at home - I went about seven o'clock, and returned about twelve; I scolded my daughter for fetching gin for Miss Wilson, King, and the rest - I knew she had fetched it, because I saw her pass the house I was working at - I saw her pass I should think eight or nine times before twelve o'clock - I chided her for going so often, and said she should not go there so much; she did not tell me how often she had been, but I could see every time she went - I called her in once, and told her if she went again I should be very angry, and after that I saw her go again - I should think the last time I saw her go must have been between three and four o'clock - I should think she went ten or twelve times in all.
MR. PHILLIPS. Q. Of course you never knew of her taking gin to a brothel before? A. Yes; children were in the habit of running on errands for the neighbours - I never knew of her fetching gin for that house before; she passed at least eight or nine times before twelve o'clock - she might have fetched gin for Wilson before Elliss arrived - Elliss was there before twelve o'clock; I am sure the child fetched gin at least eight or nine times before twelve - the public-house is not more than two minutes' walk; I should think it is about one hundred yards - I have sent her out to change as much as half a crown at times, but never sent her with any gold - she never had any gold to my knowledge, till she changed this half-sovereign for Wilson; it was about half-past eleven or twelve o'clock when I called her in, and scolded her - she had gone eight or mine times then; she went backwards and forwards as fast as she could - I saw her every time she went; I chastised her three or four different times - being a poor woman, if a child can earn a halfpenny I am glad of it, and I suppose in the course of this day she might have received 3d. or 4d. for going for the gin.
MR. CLARKSON. Q. Did she show you any thing she had for going? A. Yes. 3d. or 4d.; when she had the money, she gave it to me to keep.
COURT. Q. Your saw 3d. or 4d. which she had? A. Yes. Wilson keeps the house; I have seen Henson passing several times - his father keeps a shop in the City-road - every time my child had a half-penny she brought it to me, and it amounted to 3d. or 4d.; a halfpenny at a time.
Henson received a very good character.
HENSON - GUILTY. Aged 21.
Confined Twelve Months .
KING - GUILTY. Aged 21.
WILSON - GUILTY. Aged 21.
Transported for Seven Years .
Of stealing, but not from the person, with force and violence .
First London Jury, before Mr. Recorder.
Sept. 8. 62, Cheapside.
You will oblige me by sending ten Shakespeare, cuts, qrs.; and five Goldsmith, qrs. JENNINGS and CHAPLIN.
Messrs. Fisher, Son, and Jackson.
GUILTY . Aged 21. - Transported for Life .
1571. ROBERT CANNON was indicted for stealing on the 26th of August , 76 1/2 yards of silk, called gros de Naples, value 11l. 15s.; and 24 pairs of gloves, value 2l. 4s. , the goods of James Morrison and others.
MESSRS. ADOLPHUS and PHILLIPS conducted the prosecution.
SAMUEL BREDE . I am a ticket-porter. On the 26th of August I was called to the coffee-room of the Blue Boar, Aldgate , and saw the prisoner; he gave me a letter, which I knew by the direction - this is it (looking at it); he desired me to proceed to Morrison's, and deliver the letter, and bring a parcel back to the Blue Boar; I went and received a parcel, which I delivered to the waiter at the Blue Boar, as the prisoner did not come; I had waited two Lours for him.
Cross-examined by MR. BODKIN. Q. When you delivered the letter did you get the parcel at once? A. I suppose I waited twenty minutes - I presented the letter at the desk; I saw several of the firm: the person I gave it to told me it would be attended to - I said I wanted the parcel back; I was then sent backwards, to wait for it - it was made up in twenty minutes, and a gentleman, who seemed to take a leading part in the business, asked where I got the letter; I told him - he then said he had some doubt respecting the letter, and asked who I was; I told him, and said if he would trust me with the parcel I would
MR. PHILLIPS. Q. How many persons might you see there? A. I suppose one hundred; whether the persons speaking to me were clerks or partners I cannot say - I do not know what the parcel contained.
JOHN THOMAS ELLIS . I am employed at the Blue Boat, Aldgate. On the 26th of August the prisoner came into the coffee-room, and sat there from two o'clock till atter three - he then asked if I could spare our porter to go to Fore-street; I said No, but would send for one - Brede was fetched; I saw the prisoner deliver him a letter, telling him to go to Morrison's, and bring a parcel back; the prisoner asked me if he could have a bed there - I said he could; he told me if any body inquired for him (Mr. Clayton) he should be in in half an hour - the porter brought the parcel back, and inquired if he was in; he was not - he staid nearly two hours, and then left the parcel; I had it sent up to the bed-room intended for the prisoner - he came in at eight o'clock that night, and asked if a parcel had come which he had sent for; I said Yes, and it was in his bed-room - I had it brought down, and asked if that was it; he said Yes, it was all right - I wished him to look at it; he said he had no doubt of its being correct, but he had not an opportunity of looking at it then, and desired me to send it up to his room again; I did so, and an officer came and took him.
Cross-examined. Q. I suppose you had seen the officer before? A. No - I did not know he was coming; I had seen a person from Morrison's, and suspected something was wrong; it was at another person's suggestion I showed him the parcel.
MR. ADOLPHUS. Q. You were directed to see if he would own it, and he did? A. Yes.
ROBERT SLATER . I am principal clerk to James Morrison and others. On the 26th of August I received this letter from Brede - I took it into the warehouse, and gave it to Stanley, telling him I suspected it was not correct.
The letter was here read, it was signed H. Clayton, Jun. - dated Chelmsford, 26th, 8th month, 1830, and ordering the goods stated in the indictment.
WILLIAM STANLEY . I am in Messrs. Morrison's employ: by direction of Slater I selected a piece of gros de Naples, and two dozen gloves, and caused them to be sent according to order - they came to 13l. 19s. 10d.; I did not accompany the porter, but went to the Blue Boar - I was not there when the prisoner came in - Clayton was known to us as a customer.
Cross-examined. Q. Were any of the firm on the premises? A. Yes, they were aware of the transaction.
HOLLIS CLAYTON , JUN. I am a draper, and live at Chelmsford - my father's name is also Hollis. I am one of the Society of Friends - this letter is not the hand-writing of myself, or any one connected with me; no order was given for these goods - I had no occasion for them; I never employed the prisoner to negotiate any business for me - he occasionally resided at Chelmsford, but did not reside there lately.
Cross-examined. Q. How many persons do your firm consist of? A. Only myself - there is nobody else of my name at Chelmsford to my knowledge; I do not positively afirm that there is one at lngatestone, but his name is not Hollis - I have two regular assistants, and occasionally my brother assists me; the 26th of August was not a busy time - I invariably write my own orders, except except about two years ago my brother wrote one - his name is Charles.
WILLIAM STANLEY . We have no other customer at Chelmsford named Clayton - I have been fourteen years in the house; we should not execute an order from a person not known, unless the cash accompanied it.
The prisoner pleaded poverty.
GUILTY . Aged 31. - Transported for Seven Years .
MR. BODKIN conducted the prosecution.
RICHARD ANSTEAD SIMMONS . I am in the employ of Henry Smith , of Fell-street, Wood-street , who sells cane ; he is in the country - I manage his business; the prisoner has been in his employ about six years - he was entrusted to serve customers, and to take the money, which he should deliver instantly to Collett, whose duty it was to receive it - I was not present when this occurred.
Cross-examined by MR. PHILLIPS. Q. How do you know Mr. Smith's name is Henry? A. I have seen him write it, and heard him say it was so - I have no reason to believe he has any other Christian name, I never heard so; the prisoner is married and has a family - I directed his lodgings to be searched; there are many weights laying about our shop.
JOHN LOWE . I am in the employ of Mr. Mills, stay-maker, of Holywell-street. On the 9th of September I was sent to Smith's for 15 lbs. of cane, and had two half-crowns given me to pay for it - I saw the prisoner, and told him I wanted 15 lbs. of cane; he went up stairs, fetched an armfull down, and weighed it in the scale - I did not notice what weight was in the scale; he did not tell me the weight, or what I was to pay, but I paid him the two half-crowns; the cane was in long sticks, tied up in two strings - I took it to my master.
Cross-examined. Q. Is your master here? A. No; I do not know the weight, nor whether I got more or less than I asked for - I am sure there was more than half the quantity, because I was fetched down next day and asked about it; I had taken the came up stairs - there was no more in the house, as we had used it all up the day before; there was not a stick uncut - four other persons were in the room I placed it in.
MR. BODKIN. Q. You are sure there was more than 7 1/2 lbs.? A. Yes, I am certain - I paid 5s. for it.
JURY. Q. Was any body near enough to see what you paid for it? A. There was a man near enough, but whether he was looking that way I cannot tell; I have seen him about the Court - master never complained that he received less than he paid for; it was not weighed after I brought it home - it was taken from the persons word whether it was weight or not.
WILLIAM COLLETT , JUN. I am clerk to Mr. Smith - it was the prisoner's duty to account to me for money he received for sales, and to me alone; on the 9th of September, about twenty minutes to nine o'clock in the morning, he accounted to me for 7 1/2 lbs. of cane, sold to Mills, and gave
Cross-examined. Q. He accounted to you almost immediately after? A. Yes - I was not present when it was weighed; I saw the prisoner searched about four hours after the transaction, but he had been out - one shilling and a halfpenny were found on him; his lodgings were searched about eight hours after, but none of our property found there.
COURT. Q. Could any person, used to cane, be deceived in the appearance between 7 1/2 lbs. and 15 lbs.? A. Not if they were used to it; very few stay-makers use cane.
WILLIAM COLLETT , SEN. I am in Mr. Smith's employ - the prisoner never accounted to me for the sale of this cane; it was not his business to account to me - he may have done so at times, when my son has been out; Mills occasionally dealt with us.
Cross-examined. Q. Did not your son swear he accounted to him alone? A. He did; he has accounted to me when my son was out of the way, and there were others to whom he might occasionally account - I was not present when this cane was weighed; there is a wide difference in the appearance of 7 1/2 lbs. and 15 lbs. - some cane is stouter than others.
Prisoner. I can only say I am innocent.
NOT GUILTY .
WILLIAM STOLLARD. I am a lighterman , and live in Charles-street, St. George's in the East. On the 11th of September, between ten and eleven o'clock at night, I was on Tower-hill - I was sober; the prisoner, whose person I am certain of, came facing me, and said, "Where are you going?" I said I was going home I hoped - my bag and money were in my trouser's pocket, which was unbuttoned; the bag was safe when I left the wharf, in Thames-street, and I had come straight from there; this happened about fifty or one hundred yards from Barking-church-yard - I went no where with her; the moment I said I was going home, two men came up arm-in-arm, and gave me a violent blow, which turned me round, and that presented my pocket close to the prisoner; I did not feel the bag taken - I stood a moment, thinking whether I should follow the men; I turned round again, and walked as far as the pump - I put my hand into my pocket, and my bag was gone; I thought the prisoner must have done it - she had then gone away; she had a bonnet on, but no veil - I only saw her a short time, but am positive she is the person - I instantly turned back, went round the corner into Trinity-square, and overtook her in the square; I touched her arm, and said, "Young woman, you have robbed me;" she looked me in the face and said, "I never saw you before;" I called a watchman, who came - she was then sitting on some steps; she was taken to the watch-house - the watchman produced my bag without my money, except 1s.; the money was not in the bag when shown to me - I had no mark on the money; when the watchman came up, he found a sovereign on the steps where she sat - I saw him take it up; the prisoner did not claim it.
SIMEON BRACKLEY . I am a watchman. I saw Stollard with the prisoner, about half-past ten o'clock, at the end of Cooper's-row - she was on the steps of Allhallows workhouse; he charged her with robbing him - she declared she had not seen him, and knew nothing of his property; when she got up to go with me I found a sovereign on the step, directly under where she had been sitting; the officer of the night searched her at the watch-house, I was not present - after returning to my beat I found an old leather purse or bag, empty, ten or twelve yards from the steps where she had sat; she said she had an infant five months old - it was not with her; I searched further, and on the window-cill of the workhouse, about as high as I could reach, I found 12s. 6d. - the window was three or four yards from the steps - she must have put it there before I came up, if she did at all; there were two half-crowns, seven shillings, and a sixpence.
Prisoner's Defence. I am quite innocent, and never saw the man before.
GUILTY. Aged 22.
Recommended to Mercy . - Transported for Seven Years .
JOHN BLAKEWAY. I am a wine-merchant , and live in Mark-lane. On the 10th of September, about four or five o'clock in the afternoon, I was on London-bridge - I had just used my handkerchief, and placed it in my outside coat pocket - when I felt a pull at the pocket and found it was gone, I turned round, saw the prisoner running off, seized him, and charged him with taking my handkerchief; I shook him - his coat opened, and it fell from under his coat behind his back; an officer came up and secured him - the handkerchief has my initials on it; he appeared in great distress.
SAMUEL BOWLER . I am warder of London-bridge. I was at the foot of the bridge - I saw a crowd run across, and the prosecutor charged the prisoner with stealing his handkerchief, which he delivered to me; I searched, but found nothing on him; he begged the prosecutor not to hurt him, as it was his first offence; he is not known at the offices at all.(Property produced and sworn to.)
Prisoner. I throw myself on the mercy of the Court.
GUILTY . Aged 21. - Transported for Fourteen Years .
NEW COURT. SATURDAY, SEPTEMBER 18.
GUILTY . Aged 14. - Transported for Seven Years .
JAMES TOBIN was indicted for stealing, on the 25th of August , 1 book, value 2s. , the goods of James Wildy ; to which he pleaded.
GUILTY. Aged 20. - Judgement Respited .
JOHN LESCHALLAS. I am a plumber , and live in Princes-street, Spitalfields ; the prisoner was a labourer of mine. On the 14th of July I received information, and when he came from dinner I asked what had become of the piece of lead which had been in the store-room - he said he knew nothing about it; I said he had better he candid and tell me the truth, or he would be made to tell it in another place - he then said one of the other men had put it there, and he had taken it out at dinner time.
WILLIAM BARTLETT . On Wednesday, the 14th of July, I went into the store-room, and saw some cloths tucked in between some casks - I took them out, and saw some lead; I do not know who put it there - I heard the prisoner tell something, after my master had told him he had better confess; the lead has never been found.
NOT GUILTY .
HENRY SHEPPARD . I am a stone-mason , and live at Twickenham. On the 5th of September I fell in with the prisoner in Tothill-street ; she accosted me, and I went to a lodging with her - I went to bed with her, and hung my trousers on the bedstead; she blew out the light, and I heard the trousers fall on the floor - I asked her if it was my trousers falling on the floor; she said No, only my waistcoat - she then got into bed, but did not stop more than five minutes; she then got out, and walked round the bed- she came into bed again, but did not stay more than five or six minutes; she then got out, and I heard money rattle - she then went out of the room; I got up and found my trousers on the floor, and four sovereigns and 10s. gone from the pocket, which I know were safe when I went in; I had given her 2s., and paid 1s. for the room - she had taken her clothes with her, but had not put them on; I got to the door, and found it fastened outside - I gave an alarm- she was taken the same night; I opened the window, and let myself down.
GEORGE DISSPANE . I am an officer. I saw the prisoner about half-past eleven o'clock on Sunday night week, running across the Almonry, in her shift; she took shelter in No. 25 - I went to the place she seemed to come from, and saw the prosecutor, who said he had been robbed; I went and took the prisoner - she gave me her pocket, and said that was all the money she had; I found 4l. 10s. in it.
GUILTY . Aged 21. - Transported for Seven Years .
JAMES BISHOP . I am in no business. I was in Holborn between half-past eight and nine o'clock in the evening, on the 16th of July, and was informed I had lost my pocket handkerchief; I saw the prisoner near me - a young man, who was dragging him forwards, had my handkerchief in his hand.
JOHN MURRAY . I saw this gentleman in Holborn - I saw the prisoner put his hand into his pocket, and take out a silk handkerchief - he was running across to the side I was; I went to secure him, and he threw down the handkerchief - a person took it up, and gave it to me; I took the prisoner over to the prosecutor, told him, and he was taken into custody.
Prisoner. Q. Where was this? A. Near Little Turnstile; you were not on the other side of the way.
GUILTY . Aged 17. - Transported for Seven Years .
1580. FRANCES CLARK was indicted for stealing, on the 8th of August , 1 basket, value 6d.; 4 towels, value 4s.; 1 plum-bob, value 6d.; 1 pair of lines, value 6d.: 1 pair of iron pins, value 6d., and 1 handkerchief, value 6d., the goods of Samuel Youren , from his person .
SAMUEL YOUREN. I am a bricklayer . On the 8th of August I was in White's-row, between twelve and one o'clock; I had a basket of tools in my hand - I was a little in liquor, but knew perfectly well what I was about - the prisoner came and snatched the basket out of my hand, without saying a word; I had a long plum-rule in my right hand, and the basket in my left - she was a perfect stranger to me; there were two or three in company with her; she snatched the basket, ran off, and gave it to another person - I do not know what became of them; I ran, took the prisoner, and called for assistance - the other made her escape with the tools; I have never seen them since - I told her if she would produce my tools I would forgive her; she said she would take me to where they were - I went with her a little way, when two or three more persons came up, chiefly women; they shoved me about, and got me down - the prisoner tried to make her escape, but I held her fast till the Police came up.
WILLIAM WHEATLEY . I saw the prisoner and prosecutor together - he said, "I am robbed;" I said, "Can you swear that?" he said, Yes; I took the prisoner to the station-house - the prosecutor had been drinking, but he could tell me what he had lost.
Prisoner. This man came to me very much in liquor; he asked where the fire was - I said, as far as I knew, in Brick-lane; he let his board down three or four times and was not able to pick it up - he then missed a woman and these things; he took hold of me and knocked me about.
GUILTY . Aged 28. - Transported for Fourteen Years .
RICHARD LANGTON. I am a merchant . I was opposite Greenwood and Cox's army-agents, near the Horse-guards , on Saturday last; I felt a twitch at my pocket - I turned, and saw the prisoner running about five yards from me; I pursued, and took him - he gave me the handkerchief; there were several boys round him.
Prisoner's Defence. He was going along Parliament-street, and two boys were behind him; he went up a turning, and the boys followed him - I saw the handkerchief on the ground, took it up, and put it into my pocket; the gentleman came and said, "I want my handkerchief," and I gave it to him.
GUILTY . Aged 16. - Transported for Seven Years .
CHARLES JAMES WILFORD . I am independent. On the 9th of September, between three and four o'clock in the afternoon, I was in Cavendish-square - I felt my handkerchief go from my pocket; I turned, and saw the prisoner with it, in the act of throwing it behind him - I took him to the office; two other boys ran across the square - he said they took it, but I think they were not near enough.
Prisoner's Defence. I was walking up the street - this gentleman turned round, and saw the handkerchief at the feet of two boys, who ran away; he came and accused me of it.
GUILTY . Aged 15. - Transported for Fourteen Years .
MARK LA RIVIERE . I live in London-field, Hackney. On the 21st of August, in the afternoon, I got on the Paddington-coach, in the City-road; I sat on the hind part of the coach - the prisoner is the young man who calls the passengers - I was rather drowsy; I had a gold ring on my finger - I felt some one touch my finger - I was astonished; I opened my eyes, and saw the prisoner's hand - I did not say any thing, but when we got near the public-house he took the ring off; I did not take any notice, as I thought he would throw it away, but when the coach stopped he got down - I jumped down and seized him by the throat; he threw the ring down, and a boy picked it up.
Cross-examined by MR. LEE. Q. What had you taken that day? A. I had taken something, as I often do when I am thirsty; I was not drunk at all, the officer will answer that question; there were no other passengers; I felt something touch my finger - I shut my eyes almost (but not quite) so as to see; I have four or five other names; but I only use Mark La Riviere; I always write my name so; I have been four years in this country.
WILLIAM BATCHELOR . I was close by the King's Head, in the New-road - I saw the prisoner twist a ring from the gentleman's finger while he was asleep; he put it into his pocket; I do not know where it was found afterwards.
MARK LA RIVIERE. I did not see it come from his pocket; I took hold of him, and he managed to throw it away.
Witness for the Defence.
ROBERT PICKERING . I live in Wilson-street, and am time-keeper to the coaches - I was attending my duty on the 21st of August, about twenty minutes past four o'clock - this coach drove up, and the prisoner jumped from the side of this gentleman, and before he assisted any one down he drew something off the foot-board; he ran to his master, and said, "Here master, see what I have found;" before he could give an answer the gentleman came and throttled him.
COURT. Q. How long have you been in that capacity? A. Four years. I never would see a person cry halves; I heard the gentleman accuse him of taking the ring, but not till after he had shewn it to his master - I think the distance was so very short, he could not have taken the ring from his finger.
GUILTY . Aged 16. - Transported for 14 Years .
1584. WILLIAM SHERWIN was indicted for stealing, on the 31st of July , 1 1/2 lbs. of raw silk, value 1l. 17s., the goods of John Brander and another, his masters ; to which he pleaded GUILTY. Aged 24.
Recommended to Mercy by the Prosecutor . - Confined Six weeks .
JOSIAH CHIPPINGDALE. I keep a shop , No. 52, High Holborn . On the 2nd of September the prisoner came and asked to see some tea-trays; my boy was attending to him; I was in the parlour, but could see all that passed; he looked at several trays, and the boy turned round; I saw the prisoner lay his hand on something on the desk; I did not know what it was, but when the boy turned round, he said, "I will have that tray, send it to the George Inn, Fetter-lane;" I gave an alarm, and the boy missed a silver strike-light off the desk; he pursued the prisoner - I saw him take it out of his pocket.
TIMOTHY BUTTON . I am in the prosecutor's employ. The prisoner came and looked at some trays - I showed him some; he said, "Send this one to the George" - I took the address down; I missed a silver strike-light, and went out - I brought him back, and he gave it up.
WILLIAM HALL . I am an officer of Hatton-garden. I produce a certificate of the conviction of the prisoner in Surrey, on the 9th of January, in the 7th year of the late King's reign; he was ordered to be imprisoned for six months - I was present, and know he is the person.
GUILTY . Aged 54. - Transported for Life .
1586. BRIDGET OVERTON was indicted for stealing, on the 16th of August , 1 quilt, value 2s.; 2 blankets, value 2s.; 1 bolster, value 2s.; 1 pillow, value 6d.; 3 flat irons, value 1s.; 1 saucepan, value 6d., and 10 lbs. of feathers, value 10s., the goods of Samuel Mann ; and that she had been before convicted of felony .
ANN MARIA MANN . I am the wife of Samuel Mann ; we live at Somers'-town - the prisoner lodged three weeks with us. On the 16th of August I missed some property out of the furnished room which I had let to her - I found her drunk at a public-house; she owed me one week's rent - a man used to come backwards and forwards as her husband; she gave me 3s. 6d. a week.
Prisoner's Defence. I certainly had some articles out of the room - I sent the key, and waited for her; she brought the Policeman, and insulted me - I told the gentleman I had pawned the articles in my own name, and would redeem them; the gentleman asked if she would wait the week - she said No, she would bring me here; you could have bought every thing in the room for 12s. - I had 8s. to receive that week.
MRS. MANN. I never permitted her to pawn any thing.
GUILTY . Aged 39. - Transported for Life .
JOHN MILLS . I am in partner ship with William Ellerson . The prisoner used to take horses about for us - he was not our servant; he has received money, and brought it safe - on the 26th of August he embezzled 9l. 10s., and on the 28th I came to London and found him.
JOHN SMITH . I am an officer. I took the prisoner on this charge - he said he had received 9l. 10s. belonging to the prosecutors, but he had five sovereign stolen from him, and the rest he had spent or lost.
JOHN MILLS re-examined. I had sold a horse for 9l. 10s. to a gentleman, and sent the prisoner with it - he was to bring back the money as soon as he got it; he did not return - when I found him he said he had spent and lost the money.
Prisoner's Defence. I was returning home - there were several showers; I went in for shelter, and got a glass or two - I left the money at a public-house, and in the morning I could not find the house, not being able to read; two persons told me it was at the Feathers, in Dean-street - I went there, and asked them to eat and drink: I fell asleep, being up all night, and they drew the five sovereigns from my pocket - I walked out to look for them; I sat down, fell asleep, and then lost all - the landlord has been to my master, and explained it to him.
NOT GUILTY .
MATTHEW JONES ERRATT . I am a clerk to Frederick Braithwait and Henry Nicholls , brewers of intermediate beer . The prisoner had been their dray man foot or five years - he was paid by the week, and was in the habit of receiving money, which should be paid every night.
Cross-examined by MR. CLARKSON. Q. How much is due to him for wages? A. Nothing - there was about 16l. due to him as perquisites for empty casks.
MR. ERRATT. He gave me no account of these sums - they ought to have been paid on then respective days.
Cross-examined. Q. Are these two distinct receipts on two distinct days? A. Yes, decidedly; neither of them are on the 9th of July: he has a great many accounts to keep; on the 7th of July he states in the books that he received 5l. 5s. from different customers - there was no money owing to him for empty casks, for about this time last year the money for empty casks was taken from him - it was a perquisite, but it was taken off by order of the proprietor; Mr. Braithwait appeared before the Magistrate, and said he expected the prisoner was receiving money for empty casks; he said he believed he had been paid, and he found he had not: I cannot say whether he said it was due to him or not.
COURT. Q. Was any thing said about it? A. Yes - he said he expected he had received the money for the casks, but I said he had not.
MR. CLARKSON. Q. Then, in point of fact, was it not due to him? A. That I leave to my Lord; I do not know whether any charge was made against him of this kind before - he has received money, and has apologized; I believe it has happened that he has received money in one name, and it has been booked in another name; I do not think that has happened now, when my witnesses have the receipts - I do not know that he ever paid me money in the street - he has occasionally in the yard.
NOT GUILTY .
MR. CLARKSON conducted the prosecution.
JAMES WESTON . I am a manufacturer of Roman cement - I have a counting-house in Earl-street, Blackfriars, and some premises at Richmond-wharf ; the prisoner was foreman there - he was to receive orders, and send them to the persons who ordered them; I have a carman named Hudd - the prisoner was to pay him his wages weekly; I settled his account at Earl-street every Saturday. On Saturday, the 28th of August, he settled his account, and handed to me this bill of 2l. 6s. 3d. as the money to be paid to Hudd- he had not money enough to pay it; I gave him 2l., told him to pay Hudd, and desired him to bring the receipt on Tuesday; he was to take the rest of the money from what he had in hand, but I do not think I told him so - I asked the prisoner, when he was taken, why he had not paid Hudd - he gave no answer that I recollect.
THOMAS HUDD . I am carman to Mr. Weston. This bill is my account for the week, ending the 28th of August last, and ought to have been paid to me that day; the prisoner was in the habit of calling on me on Saturday night to settle, but if I was out or engaged I used to go to him on the wharf on Monday morning, and get it; he did not pay this bill that Saturday - I went on the Monday to the factory, and asked him for it; he said he had unfortunately lost the money in coming home, but he would make it up in the course of the day; I said I wanted the money to make up a bill, I was a man with a family as well as he was, and I made up my accounts on Saturday; I went to him again on the Tuesday, and he said he would go out and get the money, for he had lent it to a friend - he was then sober; when I first asked him, I said I must be under the necessity of going down to Earl-street - he went out, as he said, to get the money, and came back drunk without it.
MR. LEE to MR. WESTON. Q. How long had he been in your service? A. About two years, and conducted himself very well; he had put down the 2l. 6s. 3d. in his book to see what he should want, and I gave him the two sovereigns.
COURT. Q. Did you tell him to pay Hudd that night? A. Yes; I saw him again on the next Saturday - I was out of town that week; he has never yet paid me the money.
The prisoner received a good character.
GUILTY. Aged 40.
Recommended to Mercy by the Jury . - Confined 12 Months .
1590. THOMAS WARD and RICHARD WARD , were indicted for stealing, on the 3rd of August , 1 reticule, value 15s.; 1 purse, value 2s.; 1 cap, value 1s.; 3 yards of lace, value 2s.; 3 yards of ribbon, value 1s. 6d.; 1 smelling-bottle, value 3s.; 1 handkerchief, value 6d., and 15s., the property of Richard Hill , from the person of Susannah, his wife .
SUSANNAH HILL . I am the wife of Richard Hill, who is surveyor general of the Excise . On Tuesday, the 3rd of August, at half-past nine o'clock in the evening, I was going to a lodging, which I have taken for my daughter's health, in Salisbury-street, Lisson-grove - I had a reticule on my arm, containing what is stated in the indictment; I was passing the top of Bond-street, and saw Richard Ward leaning against a post - I did not take such notice of him as to know him again; a friend who was with me then parted from me, and went to Oxford-street - I went to Stevens' hotel; I came out, and then met my friend coming towards me; I did not know her, but she said to me,"Ma'am" - she spoke to me again; I said, "Dear me Mrs. Sterry, I did not know you;" this was at the top of Bond-street - Richard Ward then came up, and said, "Don't kick up a row;" we wondered to hear such a remark, and that was all the notice we took of him - we went on, and crossed the first street; I then saw him again - he passed me once or twice, and then I saw him walking level with myself, and very quick; I saw him again in York-place - I took off this shawl to put over my arm, suspecting he was a thief; I then lost my reticule, which was taken with great force from behind - I am sure Richard Ward took it, and ran off; this was at the corner of Davis-street - I cried Stop thief! and followed him to the entrance of York-place; some persons gathered together, and advised me not to go farther, as in all probability I might be murdered - I positively swear that Richard Ward took the reticule - I did not see any one else; I have not identified my property since - I was fetched by the Policeman the next morning, but it was Thomas Ward who had then been taken.
Cross-examined by MR. ADOLPHUS. Is Mrs. Sterry here? A. No - I appeared at the office when Thomas Ward was there, and I stated most distinctly that he was not the man who robbed me; I never had the least doubt of Richard Ward - Mrs. Sterry lived at the place where my daughter is - I do not know Mr. Webster; I was once twelve months and nine days in St. Luke's hospital to my sorrow.
ABRAHAM FLETCHER . I am a Police-officer. I was there in plain clothes; I saw this lady and another, in York-place - there was some music playing, a number of people collected round, and among the rest, four persons I did not like the appearance of; the prosecutrix and the other lady passed on, and these four persons moved from the crowd; Thomas Ward was one of them - he and another got nearly close to the ladies; the other two remained at a distance behind - just as the ladies came to Davies-street, one of them seized the reticule with great force, and ran down York-court; I followed him - he rushed into a door; I went to enter, but some person shut the door, and caught me between the door and door-post - when it was loosened I got in; it was very dark - there were two pairs of stairs, one leading to the yard, and one up stairs; I went up first, searched the house, and then went into the yard, but could not find him there - I went into the kitchen, and found a jacket and cap, which I have no doubt belonged to the person who committed the offence; I went into the court again, and an officer had Thomas Ward in custody, who I knew was the man who was with the other when the offence was committed; I cannot swear that Richard Ward is the person who took the reticule.
MRS. HILL. The person who took it had a jacket and cap on.
WILLIAM HOOKER . I am a serjeant of the Police. I was on duty, and saw this lady in company with the Police-officer - she said she had been robbed; I went to York-court, and saw Fletcher go into a house - I saw Thomas Ward come down the court with a pipe in his mouth; I said I should apprehend him on suspicion of being concerned in the robbery - he said, "You don't think I stole the bag;" there were persons about, talking
Cross-examined. Q. You apprehended Thomas Ward coming out smoking his pipe? A. Yes - the people had said he was one of the party; I took him to the office - Richard was in the crowd at the office; I might have taken him before.
MARY STERRY . I am the wife of John Sterry, of No. 9, Salisbury-street. The prosecutrix lodged at my house - I was with her on this occasion; she went to Stevens' hotel - I went to Oxford-street, and met her again; I saw some persons leaning against a post, but did not notice them- I heard some one say, "Don't let us have a row;" I had not seen any one there at first - I had been absent three quarters of an hour; I have no reason to believe Richard Ward is the person - I went on with her till she lost the reticule, but I did not see who took it; she had just drawn her arm from mine, and I walked on a step or two - she then ran down Davies-street; I heard Stop thief! called, there was a crowd in York-place, which we had gone through; there was not light enough to see any one's face unless I had stopped and looked at them minutely - I did not see either of the prisoners so as to know them; I gave evidence at the Police-office - I had known the prosecutrix three weeks previous to the robbery; I had not observed the state of her mind - the person was shabbily dressed, I cannot say how.
COURT. Q. You did not see who took the reticule? A. No, nor who was at the post.
MR. PURDON. I live at Mr. Sterry's. I was not there on the night in question, but I asked Mrs. Hill what sort of a person it was - she said she could not tell; he was about nineteen years of age, but he turned away his face every time she looked at him, and one of the persons told her not to swear to Thomas Ward - there was another person shorter.
LOUISA BEAN . I live at No. 4, Osnaburg-row; I know Richard Ward. On the 3rd of August he came to me at seven o'clock, at the corner of Grosvenor-place, and we went to the shop I work for in Mortimer-street - I was not in the shop five minutes; we then went down towards home, but did not go down Oxford-street - we went on to Osnaburg-row, and I heard the clock strike half-past nine, as a person who is here was talking to us; he was not in all that time in York-place.
COURT. Q. Do you know York-court? A. Yes - Richard Ward's friends live there, at No. 1 or 2; we parted that night at half-past ten o'clock, at the corner of Osnaburg-row, Pimlico - this was on a Tuesday; he is a white-smith - I never saw him in his working dress; he always wears a blue coat - I have seen him in his shirt sleeves and leather apron; he wears a paper cap or a black hat - he has been two or three months out of work; we had one pint of beer - we went through St. James'-park and along Oxford-street; I am not married - I get my living by stay-stitching; I went home with my work - I had not walked with him before; I met him accidentally on the Monday - I have been to his house to see his mother.
SARAH HORTON . I am married, and live in Pimlico. On the night of the 3rd of August I saw Louisa Bean , in company with Richard Ward , between nine and ten o'clock, at the corner of Charlotte-street - he had a blue coat and black hat on: I did not stop five minutes with them.
ELIZABETH WALKER . I live at No. 2, Davies-street. I am married; I was sitting at work, and heard Stop thief! called - I looked out of my window, and saw two lads; but I can take my solemn oath that neither of the prisoners are those who were running at that time - their father and mother live in York-court, or a yard that leads out of it.
JAMES BRIDGES . I am a porter, and live at No. 20, York-court. I know the two prisoners - on the evening of the robbery I was standing at my door, smoking a pipe; I heard Stop thief! cried, and went to the top of the court - I saw a lad running, a tall man after him, and a Policeman after him, but neither of the prisoners were there; I saw Thomas Ward come down the court, but I cannot say whether he had a pipe.
COURT. Q. You heard Stop thief! called, and saw some person run up the court? A. Yes, with a jacket and cap on, to the best of my recollection - I could not see which house he went into, but the Policeman went into No. 16; the prisoner's father lives at No. 1.
NOT GUILTY .
Before Mr. Common Sergeant.
GEORGE WRIGHT . I am the nephew of Mr. George Wright. On the 12th of July, in the morning, the prisoner came to my uncle's shop - I did not hear my uncle speak to him, but he told me to ask Mr. Stevenson, one of the young men, if the prisoner wanted his account - I asked Mr. Stevenson, and he gave me an invoice, which was missing; I took it to Mr. Wright, who looked, and found it right - he counted out 13l. 13s., which he gave me, and I took it and paid it to the prisoner on account of Mr. William Jenkins - the prisoner signed his name.
Cross-examined by MR. LEE. Q. Who produced this account? A. The prisoner.
Cross-examined. Q. Had you seen him before? A. Yes, and paid him money for the prosecutor several times.
MR. LEE. Q. What was his duty? A. To do what was wanted - I have not brought the book; I generally use it in business, and I did not know it was necessary - Mrs. Jenkins is not here; he has sometimes brought home sums that have not been entered - he may have paid me money in the street; he has paid Mrs. Jenkins money in my absence - I do not recollect his being charged with having received money, and not entering it when he had paid it to her; he did not state at the office that he had paid these sums of money, nor any sum of money; he brought an account from Mr. Fountain that evening, but said nothing of these - I do not know whether he was at home the greater part of the day, when 7l. were paid; he had been one year and three-quarters in my service - I was not told by the Magistrate it would be necessary to produce my book.
Q. Do you recollect a day you went to a dog fight, charging the prisoner with having not paid a sum of money which he had received, and finding the week after that Mrs. Jenkins had had it? A. No; I went to a dog fight once, but cannot tell when.
Q. Do not you recollect that very day you received a sum of money of the prisoner? A. I think not; if I had I think I must have recollected it; I will not swear I did not.
Prisoner. Q. Did you not receive it of Mr. Tidcomb, of Knightsbridge? A. I have no recollection of it; I know Tidcomb, he has brought money from him: my only reason for this prosecution was not because I found five sovereigns in possession of his wife; I know Morgan Rawlinson - I did not say I had any doubts as to these sums of money; the prisoner did leave me some time ago, and returned at my solicitation - he was useful to me, but I had not a high opinion of him.
COURT. Q. When did he leave you? A. I think somewhere near about Christmas; I gave him in charge on the 23rd of July - he absconded, and went into the country - I pursued, and took him.
GEORGE PARROT . I am a Policeman. I was before the Magistrate; there was something said about the money, but it was not gone into; the lady was out of town, but Mr. Wright was there - the prisoner was charged with doing this, but he said nothing.
Cross-examined. Q. Do you recollect any conversation about five sovereigns found on the prisoner's wife? A. No; there was something said about five sovereigns; he said he had taken five sovereigns from him when he apprehended him, that is all I heard said - that was the only money he found on him.
Prisoner's Defence. On the day I am charged with this I paid 7l.; I might have taken the whole had I been disposed, and other money too.
GUILTY. Aged 22.
Recommended to Mercy by the Jury . - Confined 4 Months .
HENRY PETTIFER. I am a cheesemonger - the prisoner was in my employ nearly three years. On the 5th of August I put 6s. into my till overnight, which were marked; there were four shillings and four sixpences - the next morning at nine o'clock they were all gone; I called in the Policeman, and accused the prisoner of it - he denied it; the officer pulled his money out of his pocket, and I found two marked shillings and four sixpences; I said, "Where are the other two shillings?" he said he had taken half a crown, and given 2s. of the money - he said he had taken it.
Cross-examined by MR. LEE. Q. I believe he has been in your service some time? A. Yes; and conducted himself well up to this time; I have no recollection of directing him to make a payment that evening - it might have been taken from the till.
THOMAS POCOCK . I am an officer. I searched the prisoner; he produced two marked shillings and four marked sixpences - he said that he took them, but gave no explanation; on going to the watch-house, I said, "My good man, you made a bad thief to take marked money;" he said he had not looked at it.
Cross-examined. Q. Do you recollect whether he said that he took the money from the drawer, but it was to make a payment? A. No.
GUILTY. Aged 22.
Recommended to Mercy . - Confined Six Months .
1593. JAMES TURNBULL was indicted for stealing, on the 12th of July , 1 coat, value 15s.; 2 horse-cloths, value 10s.; 1 roller, value 3s.; 1 pair of boots, value 10s.; 1 bag, value 2s., and 1 towel, value 6d. , the goods of Frederick Angerstein .
FREDERICK KNIBBLES . I am groom to Lieutenant Frederick Angerstein , of the 1st Life Guards. I lost these articles on the 12th of July; the boots, coat, and towel belonged to my livery - they were lost from Little Albany-street ; I saw them on the Saturday, and missed them on the Monday - the prisoner had been in my master's service, during my illness, about a fortnight before.
JOHN MASON . I am an officer. I met the prisoner on the morning of the 12th of July - I think it was at half-past five o'clock; he had a bag - I asked what was in it; he said some horse-cloths, and he was going to Knights-bridge - but he was going away from there - this was in Clipstone-street; he said he was going to take them to Captain Turner - I asked him if the cloths were marked; he said he did not think they were - I took them to a public-house, and found they were marked "F. A."; I took him to the watch-house, then went to the barracks, and found there was no Captain Turner, but a Captain Angerstein .(Property produced and sworn to.)
GUILTY . Aged 20. - Transported for Seven Years .
The prisoner put in a written Defence, stating that the prosecutor, having no money, had given her the watch to keep while he went home for money - that he returned intoxicated, and charged her with stealing it.
HENRY BEAN. The prosecutor had been drinking, but was more sober than he had been.
GUILTY . Aged 20. - Transported for Fourteen Years .
ELIZABETH SNODIN . I am servant to Charles Scott Murray . On the 20th of July a pail of his was lost - I missed it when the Policeman called about it; I had seen it the night before, under the cistern in the area - this is it.
GUILTY . Aged 56. - Confined Fourteen Days .
SARAH SALTER . I am the wife of Thomas Salter, a painter . On the 13th of July, between four and five o'clock in the afternoon, I was sitting in the room at needle-work; the prisoner knocked at the door - my little girl let him in; I asked if he wanted any thing - he said Yes, to change his things; he had slept in that room - I went out of the room for about ten minutes; I then heard the latch of the door go - I went into the room again, and sat down to work; in about an hour I went to the drawer to show my husband's brother a waistcoat, which I had seen in the morning, and it was gone - I then missed these other articles; I went to a Policeman who lodged in my house, and he told me to go to the pawnbroker; I went, and got some account of the prisoner - he had been in that room till near eleven o'clock in the morning.
Prisoner's Defence. I got the worse for liquor, and knew nothing of it till next morning.
GUILTY . Aged 20. - Transported for Seven Years .
EAGLE WILLIAM GLASSCOCK . I am a coach-maker . I lost six pieces of leather out of my kitchen, and these pincers; the prisoner lodged with me, and Thomas Rayner formerly lodged there - I missed these things on the 14th of July; I had seen them on the Saturday before.
JOHN CLARK . I am a shoemaker. The prisoner brought these pincers to me for sale the day after they were taken; I gave him 6d. for them - they came to my shop, and took them away; I have known the prisoner nearly four years - he was a respectable man; he has been in the coach line.
Prisoner's Defence. I have been in respectable service, in Lord Derby's and the Marquis of Lansdown's - I have been here six weeks; I hope you will be merciful.
GUILTY . Aged 30. Fined 1s. , and Discharged.
1599. ELIZABETH SIMMONS was indicted for stealing, on the 4th of September , 2 sheets, value 4s.; 1 blanket, value 1s. 6d.; 1 quilt, value 3s., and 1 pillow, value 6d. , the goods of Alexander Walker .
MARY ANN WALKER . I am the wife of Alexander Walker. The prisoner had a furnished room of ours, at No. 28, Mitchell-street ; she came on the Wednesday before the 4th of September, and went away early that morning - she gave no notice, and did not return; I missed these things, and have never found them - I met her on the Monday following; she denied it, and said, "I am coming to pay you, and to bring one sheet I took to wash"
NOT GUILTY .
1600. ELIZABETH SIMMONS was again indicted for stealing, on the 28th of August , 1 quilt, value 2s.; 1 pillow, value 2s.; 1 set of fire-irons, value 2s.; 2 knives, value 6d.; 2 forks, value 6d., and 1 sheet, value 1s. , the goods of George Smith .
MARTHA SMITH . I am the wife of George Smith. On the 27th of August the prisoner came to our house and lodged there - next day she went away, between eight and nine o'clock in the evening; there was this quilt, fire-irons, and other articles in the room - I did not miss them till Monday night, between eight and nine o'clock, when we broke the door open; it was on Saturday she left - the door was locked, and she took the key with her; when we took her she denied having lodged with me, or having seen me.
GUILTY . Aged 22. - Transported for Seven Years .
WILLIAM EDWARD AMOS . I am cad-boy to Mr. Edward Cutler , of Sackville-street - he is a surgeon . I pulled off my jacket, at nine o'clock at night on the 6th of July, and laid it down, under the care of another boy , on the bank of the Serpentine river: when I came out it was gone - I had seen two boys near my clothes, but I did not see the prisoner; this is the jacket - it is my master's.
WILLIAM STEVENS . I am an officer. I got this jacket from the prisoner, on a coal-wharf, on the 7th of July; I had been to his lodging, but he was not there - I then went to his master, and he came in while I was there; he at first denied it, but then said he would take me to where it was- he said he took it through distress.
The prisoner put in a written Defence, pleading poverty, stating himself to be an orphan, and desiring to be sent to the Refuge for the Destitute.
GUILTY. Aged 16. - Judgment Respited .
GEORGE ENGLAND. I am apprentice to Alexander Masters Bidgood - he lives in Brewer-street, Golden-square . On the 12th of August, I saw the prisoner going out of the shop; I had seen this silk safe the day before - I ran to the door, and saw the prisoner going up the street; I ran after him, and overtook him in Silver-street - I looked over his shoulder, and saw something in his hand, in a bag; I said, "Oh! my man, how came you by this?" he put it into my hand, and ran down several streets - he was then taken; I am positive he is the person.
Cross-examined by MR. LEE. Q. Are there many persons in the shop? A. Three besides myself - I had never seen the prisoner before; I lost sight of him before I overtook him with the bag, for perhaps two minutes, and after that for about half a minute - I was in the back of the shop, both the doors were open, and no one in the shop; I saw nothing on him when he went out - he had got about three or four hundred yards before he was taken; he is the man I took the silk from, but I cannot say he is the man who came out of the shop - I only saw his back in the shop, which may be thirty yards long; here is the mark on this roller - I never saw any silk like this till it came to our shop.
COURT. Q. Had you seen a block of that description lately, before, with silk of that pattern on it? A. No.
THOMAS JONES . I am shopman to the prosecutor. When I got to the shop the prisoner had been brought back by some persons - I had placed this silk in the window that morning with this number on it - we have a number to every piece, and have a book with corresponding numbers in it.
GUILTY . Aged 21. - Transported for Seven Years .
Cross-examined by MR. PHILLIPS. Q. Was not be at liberty after you charged him with this? A. No: he was taken on the 17th of July; he remained in custody, but I do not know that he was not at liberty; I saw him again on the Monday week after he was apprehended, at Hatton-garden; there was a man came and asked if there was work for him; but I do not know that the prisoner sent him, but the man said he had; he came to my house - he said he had been dishonest to me; he was sorry for what he had done, and wished me to take him again; I had not got a warrant against him, but I had spoken of it, and said I was about to get a warrant; he certainly had an opportunity of absconding if he liked, and he came back of his own accord.
COURT. Q. Let us have the dates - he left you on the 4th of July, that was on a Sunday? A. Yes, and he came again the Friday following; he said he was sorry, and wished me to take him again - I told him what I had heard, as I had sent my son out on Monday with the bills, and found he had received some - I did not detain him then; it was near eleven o'clock at night - he walked quietly away.
NOT GUILTY .
London Jury - before Mr. Common Sergeant.William Newsham ; to which he pleaded
GUILTY . - Transported for Seven Years .
JOSEPH ALDRIDGE. I am a carrier . On the 7th of August I was at the Bear and Staff, in Smithfield , about three o'clock in the afternoon; my pocket-book was buttoned in my frock pocket, which opens outside; I felt the prisoner draw it from my pocket, and I took him with it; I had seen him two or three minutes before - he came out at the same time with me at the door.
Cross-examined by MR. PHILLIPS. Q. Were you not together in the public-house? A. Yes, but I did not pass one word with him, nor shake hands with him; I suppose he was kept in custody, but I went away, and the officer took him - I said I wanted to go, I had my horse in the cart, and should have no more concern with him.
EDWARD RENTMORE . I am an officer. I heard a cry of Stop thief! in Fox and Knott-court; I saw several persons running, and the prisoner at the head of the mob - I considered him to be the person the mob was running after; I did not stop him myself, but I came down and asked what was the matter - some person said he had committed a robbery at the Bear and Ragged Staff; I saw the prosecutor running, and he said, "Have you got him - he has robbed me of my pocket-book," but he had got it again, and he did not wish to have any more to do with it- the prisoner went on his knees, and begged his pardon - several of them in the room talked of ducking him; I took him to the Compter, and found this chisel on him.
Cross-examined. Q. Did you find nothing else? A. No; he said he was a jeweller - the prosecutor knew that he fell on his knees; I saw them part company, but do not recollect their shaking hands, there were so many men in the room - I could not attend to every one.
JOSEPH ALDRIDGE re-examined. I caught him by the collar; he tried to get away, and found he could not, and drew this book from between the waistband of his breeches - he then bolted out of the door, and a gentleman who was giving me a glass of gin, cried Stop thief! and a good many people ran after him; when he was taken he went on his knees, and begged my pardon.
Cross-examined. Q. Did not you take the book off the ground? A. I had hold of him, but I took it off the ground - there might he four persons in the room; I did not appear on the Monday against him - my business lies so that I could not; I did not understand the law at all - the officer did not tell me that I was to go on the Monday.
The prisoner received a good character.
GUILTY. Aged 20.
Recommended to Mercyby the Jury . - Confined 6 Months .
1606. THOMAS STEVENS was indicted for breaking and entering the counting-house of Henry James Brooke , on the 4th of September , and stealing therein 12 yards of woollen-cloth, value 20s., his property .
JAMES MACKLAUGHLIN . I am messenger and office-keeper to Mr. Henry James Brooke, at No. 9, King's Arms-yard, in the parish of St. Stephen, Coleman-street . On Saturday, the 4th of September, at four o'clock, I locked the counting-house door, and when I went back on the Monday I missed a piece of cloth, containing twelve yards, worth 20s.; it did not appear that the counting-house had been broken - it had been entered with a key: I know nothing of the prisoner - I saw the cloth at the Mansion-house, and knew it to be Mr. Brooke's, and it was there that Saturday evening; it has a number in my figures on it, which I can swear to; it had been on the table for the last six years - it is an old thing, and has been lying by.
Prisoner. Q. What number of rooms are there in the counting-house? A. Two rooms in one; there are two doors - I am certain both doors were locked when I went away; I suppose the entrance was made from the second door - the Peruvian Mining Company belong to those premises; Mr. Brooke is their managing director: I do not know who pays the rent - this cloth was Mr. Brooke's private property.
JOHN FORRESTER . I am an officer. On the 4th of September I was coming through Little Bell-alley, and saw the prisoner with this bag under his arm; he walked into the Shepherd and Flock public-house - I went in after him; he walked through into the water-closet - I opened the door, and said, "What are you doing here?" he said,"Nothing particular;" I said, "This is a piece of cloth;" he said, "It is a piece I bought;" it was then between four and five o'clock in the afternoon - I took him, and found two keys on him, but they do not fit the doors.
Prisoner. Q. Do you consider them picklock-keys? A. No.
Prisoner's Defence. One of them is the key of my door, and the other a latch-key. I lodged at Mr. Hinton's, in Gray-street - on the 3rd of August, when I went home at night, I found an execution in my house; the broker said my goods were the best, and he did not choose to take rubbish - I was compelled to pay 2l. 5s. 6d.: here is the warrant and the receipt - I thought it better to get out of the house, and he agreed to let me retain a part of his furniture, to indemnify me; I have been in the habit of buying many duplicates, having formerly been a pawnbroker- I bought this coat of him which I have on my back; on Saturday, the 4th of September, he came to me, and wanted me to buy a duplicate of cloth - I went to Mr. Purse's, and looked at it, but did not like it; he told me to go to this public-house, and he would fetch a piece of cloth; I waited there till ten minutes or a quarter-past four o'clock - he then came and brought it; I did not like it, but I bought it at last for 2s. 6d. a yard; I have persons to prove where Hinton did live, but he has removed, and I cannot produce him - I am actually paying 7s. 6d. in the pound for debts contracted twenty years ago, and I shall have a considerable balance in the hands of the Accountant General.
JAMES MACKLAUGHLIN re-examined. Q. How lately before you locked the door had you seen the parcel? A. Perhaps half an hour; it was on a table by the fire-place; it was in Mr. Brooke's own counting-house.
ANN JEFFRIES . I live at No. 12, Back Church-lane, Whitechapel. On the 5th of August a man and his wife, named Hinton, came to lodge at my house, and staid till the 7th of September; on that day a woman named Stevens, and another man and woman, came and inquired for Hinton;
JOHN FORRESTER re-examined. Q. What did the prisoner say? A. He said he bought it of a person, and he would explain it before the Lord Mayor, but I did not hear him do so.
Prisoner. I was not allowed; the Lord Mayor would not hear the case - on the second examination I attempted to speak, and the Lord Mayor said, "You can tell that another time - it must go before a Jury."
JOHN FORRESTER. I believe he did.
GUILTY . Aged 48. - Transported for Fourteen Years .
WILLIAM WATLING, I am a newsman, and sell oysters in the Strand. On the 4th of August I went on board one of the boats at Billingsgate to get some oysters - it was a quarter before one o'clock in the day; I had a sovereign, and a half-sovereign in my pocket - I took the half-sovereign out, put the sovereign into my pocket again, buttoned it up, and pulled my waistcoat over it - I was reaching with one hand over the hatchway to pay the money, and had my other hand behind me - I felt a hand in my pocket- I seized it, turned round, and saw the prisoner; I said,"You scoundrel, you have robbed me of my sovereign;" he said "Me!" and got from me, but was taken getting out of the boat.
WILLIAM LEGGATT . I am a porter at Billingsgate. I saw the prosecutor on board the boat, and while he was paying for his oysters he turned round, and said to the prisoner, "You scoundrel, you have robbed me of my sovereign;" he got from him, and I took him going to the next boat - I am sure he is the person; I never lost sight of him.
The prisoner put in a written Defence, stating that he had found the sovereign in a boat.
GUILTY . Aged 16. - Transported for Fourteen Years .
HENRY PATCHING . On the 22nd of August, as I was going into a house in Stationers'-court , I felt something at my pocket, turned round, and saw the prisoner with my handkerchief nearly in his possession - he fell on his knees, begged I would excuse him, and said he would not do so any more; he had the corner of it in his hand.
Prisoner. When he took me to Guildhall, he said he was calling Watchman! for a quarter of an hour. Witness. Yes, I did; I took him from Stationers'-court, beyond the Old Bailey, crying Watch! all the way, and then took him back before I got a watchman.
Prisoner's Defence. I was going to the bottom of Old Fish-street to meet a man, who said he would try to get me a situation - it was raining fast, and I went down the court for the nearest way; there were two or three more in the court - I saw this gentleman on the step of the door, and as I passed him he said, "You rascal, you have been picking my pocket;" I had passed him nearly twenty yards before he came to me.
HENRY PATCHING. That is not true.
Prisoner. It is the first time I ever was in such a place, and it shall be the last.
GUILTY . Aged 18. - Transported for Fourteen Years .
MR. CLARKSON declined calling any evidence,
HENRY RILKE. On the 24th of July I was at the corner of Abchurch-lane , between eleven and twelve o'clock, at noon - a tradesman, whose house I was passing, stepped out and said, "Have you lost any thing?" I felt, and said, "My handkerchief;" he pointed to the prisoner who was passing briskly; I saw him buttoning his coat, and I cried Stop thief! - he ran down Suffolk-lane; I followed, and never lost sight of him - when I came up to him I snatched his hat off his head; my handkerchief was not in it, but another was; I searched him down, but did not feel it, but before I let him go, a person cried, "Have you lost any thing? that man has thrown a handkerchief down here," and gave me my handkerchief - I did not see it on the pavement; it is mine.
THOMAS DAY . I saw the prisoner coming down the lane on the 24th of July, with this handkerchief in his hand; I tried to stop him, and just gave him a check; he threw or dropped the handkerchief down - I took it, and gave it to the prosecutor.
Prisoner's Defence. I was going to my brother-in-law's, and heard of a situation - I ran to tell my father, and this gentleman came and caught hold of me - he took my handkerchief out of my hat, and held me twenty minutes before an officer came.
GUILTY . Aged 19. - Transported for Fourteen Years .
WILLIAM SEYMOUR. On the 24th of August I was in Fleet-street , about two o'clock in the day - I felt some person at my pocket; I turned suddenly, and a person said I had had my pocket picked; I saw a person drop my handkerchief - the prisoner was standing with his back towards me; I seized him - he broke from me, and ran up the street, but was pursued, and taken; I took up the handkerchief, and gave it to the officer.
JOHN MARCH . I was in Fleet-street - I saw the prisoner and two others; the prisoner took the handkerchief from the prosecutor, and put it behind him for his companions to take, but they saw that I saw them, and would not take it - it fell down.
Prisoner's Defence. I was passing Fleet-street - this gentleman seized my collar, and this man said I picked his pocket - the gentleman let me go - I crossed the road, and a person stopped me.
GUILTY . Aged 17. - Transported for Fourteen Years .
JOSEPH FOXCROFT . I am agent to Mr. Weatherly Phipson, a metal dealer . On the 30th of July some metal was found, and on the Monday I was called to look at it; I knew it to be my employer's - it had been in the warehouse with other property; it has our order ticket on it, which it would not if it had been sold - I can swear it was in the warehouse on Friday; we had perhaps fifty rolls of metal in the warehouse - I knew the prisoner; he once lived with an ironmonger, with whom we did business.
WILLIAM HUTTON . I am a clerk to the prosecutor. On Friday evening, the 30th of July, the prisoner walked up to the warehouse with a Policeman's coat under his arm; he asked if our man, Robert, was there - I said No, and he returned; I did not see him afterwards.
JOHN FORRESTER . On the evening of the 30th of July, about seven o'clock, I saw the prisoner cross from the side of the Mansion-house towards Princes-street - he was two or three yards from the prosecutor's; he had this roll of brass wrapped up in a Policeman's coat; I said to Herdsfield, "I think that is something wrong;" I walked down Princes-street, and said to the prisoner,"What have you there?" he said, "Some metal I am going to take to Scotland-yard," and said he had come from the Kingsland station-house; I said he must go with me - I took him to the Mansion-house, and then went to Mr. Johnson, the superintendent; he said he had such a man, but he knew nothing of the property.
Prisoner's Defence. I was going along Bishopsgate-street, and two men asked me if I was in the Police - I said Yes; they asked if I was allowed to do any work - I said No; they said they had some metal to go to the George inn, Snow-hill, and if I would carry it they would give me 1s. and half a pint of porter - I said I came from the station-house because I am not allowed to do any work.
GUILTY . Aged 25. - Transported for Seven Years .
THOMAS HAMILTON . I was opposite the north door of St. Paul's cathedral , about two o'clock, on the 19th of July - I felt a pressure on my pocket, looked round, and saw the prisoner transferring my handkerchief to a companion, but he dropped it on the pavement, and I took it up; this is it - it is mine; I am quite sure the prisoner dropped it - I had used it a minute or two before.
The prisoner put in a written Defence, denying that the handkerchief was ever in his possession, or that he was behind the prosecutor, but stood before him.
HENRY COLLINS . I have the certificate of the prisoner's former conviction, on Thursday, the 9th of April, in the 10th year of the late King's reign; he was twice whipped and confined twelve months in the House of Correction; I know he is the person.
GUILTY . Aged 22. - Transported for Life .
JOSEPH PIKE . I am a boot and shoemaker , and live in Ludgate-street . On the 10th of July I saw the prisoner stoop down, take these boots off the floor inside the door, and run across the road; I followed him to Broadway, Blackfriars - I took him, and pulled them from under his coat.
GUILTY . Aged 25. Transported for Seven Years .
1615. WILLIAM PELHAM was indicted for stealing, on the 1st of September , 2 bags, value 1/2d.; 11 lbs. weight of sugar, value 5s. 6d., and 4 lbs. weight of coffee, value 4s., the goods of Samuel Deacon , his master .
MR. PHILLIPS conducted the prosecution.
SAMUEL DEACON . I keep a shop in Skinner-street ; Samuel Pelham, the prisoner's brother, was in my employ. On the 1st of September I went to the Haymarket theatre, and left Samuel Pelham in charge of my shop - I returned unexpectedly at a quarter before eight o'clock; I did not enter the theatre - Samuel Pelham was in the shop; he seemed agitated, and was putting something under the counter with his foot; I went behind the counter, and found a canister of tea there and a paper bag - the prisoner was not there, but the following morning the next witness told me something; I went to her house, found two bags, one containing coffee, and the other sugar - I had the prisoner taken, and when before the Alderman he said he bought the goods at my house on the 1st of September, and paid his brother for them, but I do not recollect that he said what he paid; he is older than my servant - when I went home I found 6s. 6d. in the till; I had left 4s. 6d. in it - the 2s. would not pay for what I found.
SARAH SWILE . I live in Fleet-lane. The prisoner came there on the 1st of September, bought a 1d. pie, left two parcels, and offered me 6d to change - I had no change; he asked to leave these parce's for five or ten minutes, and said he would leave me the 1d. for the pie - he did not come again till between twelve and one o'clock the next day; I saw Mr. Deacon's name on the bag, and went and told him - he got an officer, and when the prisoner came he was taken: he first asked me for the two parcels - I said "I expected you last night;" he said, "I was pre
Cross-examined by MR. CHURCHILL. Q. Where do you live? A. Near the bottom of Fleet-lane - Mr. Deacon lives at the bottom of Old Fleet-market; my shop is open, and within five minutes walk from the prosecutor's.
JAMES COLE . I am a City officer. I took the prisoner - I heard Mrs. Swile tell him he had left the bags; he at first denied it - she said she was positive he was the person; he still denied it, and said, "You had better walk with me to Mr. Deacon's" - he then offered the 1d. for the pie; he said before the Alderman that he bought them, and paid his brother for them - the parcels were in his presence at that time.
MR. DEACON. These are mine; they have my name on them.
Cross-examined. Q. I suppose all the tea you send out is in paper of this sort? A. Yes, mostly - this mark is on almost all the tea and coffee that goes out; perhaps in the last six months I have sent out fifty such parcels; the only thing which I can distinguish these by, is, that they are an old weight; his brother was allowed to sell that night - the prisoner had been six months in my employ, but he was not so then.
Prisoner's Defence. I paid my brother for them, which he is here to witness now; my brother has been imprisoned all the while, though the bill was thrown out against him.
SAMUEL PELHAM . I was in Mr. Deacon's service. On the night in question I sold my brother these articles which he is accused of stealing - he paid me 16s. 6d., which I gave Mr. Deacon on the 1st of September.
MR. PHILLIPS. Q. Do you mean to swear you paid him the money? A. Yes; he did find me kicking a parcel and a canister under the counter - I had the canister and bag on the floor to practise tying up tea; I was sitting on a stool - I was going to put it on the counter when I had got it into the bag; I did not find it more difficult there than on the counter - I do not know whether it was darker or not; I took the tea out of two canisters to practise mixing tea - I took the full value of it from my brother, and gave it to Mr. Deacon before he went out, but did not tell him what it was for; it was not entered in the book - it is not usual to enter articles which are paid for; I was taken up the next day - I did not tell Mr. Deacon this, because he would not believe me; I mentioned it before the Lord Mayor.
MR. CHURCHILL. Q. Was there a light in the shop? A. Yes, it was light all over - mixing teas is a usual thing at a tea-dealer's.
MR. DEACON re-examined. I had sent for a 1/2 cwt. of sugar, for the payment of which I gave him a sovereign - it came to 11s., and when I came home he gave me the 9s. which was all I received.
JAMES PARCELL . I am errand-boy to the prosecutor. He went to the play that night - he gave me the sovereign for the sugar; I took the change in and laid it on the counter - Samuel Pelham was there; I left it and came out.
GUILTY . Aged 20. - Transported for Seven Years .
OLD COURT. MONDAY, SEPTEMBER 20.
First Middlesex Jury, before Mr. Justice Bayley.
1616. GEORGE MATTHEWS was indicted for breaking and entering the dwelling-house of James Wilkinson , on the 3rd of September, and stealing 6 sovereigns, 2 crowns, 6 half-crowns, and 7 shillings, his monies .
MR. BARRY conducted the prosecution.
JAMES WILKINSON. I am a hair-dresser , and live in Tabernacle-walk . On the 3rd of September I had in my drawer six sovereigns, two crowns, six half-crowns, and six shillings, and on a cloth at the top of the drawer was another shilling - I had seen my house-keeper mark two of the sovereigns, and between eleven and twelve o'clock I placed them myself in the drawer, which I locked, put the key under the cloth, and locked the room door; it was the first floor back-room - the window was shut down; I locked the key of the room-door in a cupboard, and put the key into my waistcoat-pocket - I went up stairs between two and three o'clock, in consequence of what my house-keeper told me, and found the money gone; she had before that applied to me for the key of the room, and found the drawer open - I found a piece of paper, which I had wrapped the money in, laid carelessly on the drawers; the window was open - I saw foot-marks in a chair under the window, with brick and lime on it; the prisoner was my apprentice - I immediately made my loss known to all the lodgers, and went before a Magistrate that evening, to complain against two boys, who were discharged; when I returned from the office, the prisoner was at home - I did not charge him with it; he went to bed shortly after, I came in, and left the house next morning; he knew I had been robbed, and that some of the money was marked - he was brought to me on Sunday morning by a lodger; I sent for an officer - he was searched, and a gold pin found on him; it was not mine; after he was taken to the station, the officer (Shepherd) brought his lace-up boots, and compared them with the foot-marks, both on the chair and on the leads outside the window - they appeared to fit it; I could see the length and width of the shoe on the mark - he was examined on Monday, and remanded; on returning from the office, Hunderiakes, Jane, and Thomas Stott, and other lodgers were in the house; the house was all searched - we found a small hole, about an inch and a-half long, in the prisoner's pillow, and inside the pillow Jane Stott found a sovereign wrapped up in a bit of paper; I believe it to be one of those I had marked - he sleeps under the shop counter; I found a crack in the shop flooring, and under that a crown piece wrapped in a piece of paper - I saw Jane Stott find it; this was on the evening of the 6th.
COURT. Q. How long had he been with you? A. From the 4th of March, 1826 - I did not know he was going to leave; I had had no words with him - I suppose the gold pin was worth about 3s.; I had never seen him with it before - my housekeeper always had access to the drawer, as the key was always under the napkin; I am sure the window was close down when I went out - it is a sash window; there is no fastening to it - I have recovered no more money.
THOMAS STOTT . I lodged at Wilkinson's, and am out of a situation. I apprehended the prisoner in Smithfield on Sunday morning, at half-past eight o'clock, with another boy - it was the fair time; I saw him searched at his master's, and a gold pin and two had halfpence found on him - I made him no threat or promise; I asked him what he had done with his master's money, which he took from the drawer - he said he did not take it, and knew nothing about it; I said none of the lodgers knew any thing about it - he then said it was lost to the housekeeper for ever, and then he said his master had it - I asked him about the pin; he said he had found a brooch in Smithfield, all trod-over with mud and bent to pieces - he showed it to me; I said it was a pin - I was present when his boots were compared with the marks on the chair, the leads, and on the wall; they fitted the marks in those places - I saw the sovereign and crown-piece found; the pin was not bent when I saw it.
JANE STOTT . I am the last witness' mother. On the evening of the 6th of September, I searched the bed under the shop counter, and found a sovereign in the pillow - it has never been out of my possession since.
JOHN SHEPHERD . I am a Policeman. I was called in on Sunday, the 5th of September, and took the prisoner about nine o'clock in the morning; I did not hold out any threat or promise to him - he said that he knew where the money was; that it was gone from the housekeeper, she would never see it more - he called Hunderiakes the housekeeper; he said he believed his master had got the money - I found this pin in his pocket.
ANN HUNDERIAKES. I know this to be the sovereign I marked; I marked no other in this same way - I marked it not being a judge of gold; I did not know whether it was good when I took it.
The prisoner put in a written Defence, declaring his innocence and stating, that he had left in consequence of receiving brutal treatment from his master, because he paid more respect to the prosecutor's wife than to the housekeeper, with whom he cohabited.
JAMES WILKINSON. I have beat him by desire of his friends, for improper conduct - I have not beat him since Christmas; the wall is about five feet high - there was a toe mark on the brick and mortar, on the side and top of the wall which leads to the leads.
NOT GUILTY .
MESSRS. ADOLPHUS and LEE conducted the prosecution.
RICHARD WELCH . I am porter at the Marquis of Stafford's house, St. James' . On the 10th of July, between four and five o'clock in the afternoon, I saw some children swinging on the iron chains in the stable-yard, St. James' - I heard the sentinel on duty cry out, "Be off;" all then left the chains but the deceased - I saw the sentinel go to the child and kick at her; I saw the child fall right forward - a workman, named Jones, came and picked the child up; I only observed one soldier on duty there, but cannot swear whether the prisoner is the man - the sentry-box is at the corner of York-house; I only saw him kick at her.
ELIZABETH LETON . I am a school-room maid at Lord Somerset's; my window looks into this place. I saw several girls playing on the chains, and one swinging - I heard the sentinel call to them two or three times to go away; they all went away but one - I saw the sentinel cross the yard towards her; I do not know whether he ran or walked - I saw him strike at the little girl with his hand; she was then getting from the chain - I think he hit her on the shoulder, but cannot be sure; I did not see him use his foot; I saw the child fall on her head - some workmen helped her up, and took her away - the sentinel went back to his box when she fell; I did not particularly notice him, and cannot say whether the prisoner is the man - there is never more than one sentinel on duty there; I did not see him near any other soldier.
MARY STANTON . I live in Burlington-arcade. I was passing through the Stable-yard between four and five o'clock in the afternoon, and saw two little girls standing up, and one swinging on the chain; the centinel on duty said, "Move on;" I thought he meant me - I moved on a little way, and then heard a little girl ballon out Oh! two of the girls ran away, and one remained; I turned round, and saw her with her hand on her forehead - the sentinel was two or three yards from her; she was the same girl I had seen on the chain; I cannot say whether the prisoner is the man.
JOHN EDWARD JONES . I am a carpenter. I was at work at the Lord Chamberlain's pay office, at the door; I happened to look, and saw the child lying on the stones; I ran out, took her up, and placed her on my knee; I had heard no alarm, and did not know what was the matter - the sentine! was ten or twenty yards off; in consequence of what two gentlemen said, I called him a brute, and hissed him, and swore I would report him for ill-using the child - the child was crying, and unable to answer me at all - I took her into the guard-room, and saw the serjeant of the guards - the child got a little better, and said, "Pray let me go home;" I let her go - I then took the serjeant, Clough, and pointed out the
CHARLES REYNOLDS . I live in Stafford-place, Pimlico. I was passing through Palace-yard, and saw Jones there - I heard two gentlemen say the prisoner had both kicked and struck the child, who was crying on Jone's knee; they spoke audibly; the prisoner was not more than ten yards off - he must have heard them; he made no reply; the prisoner is the man - I was there when the serjeant came up, and asked him how he came to strike the child, or ill-use her; he said, "I did not;" the rest walked away; I took no more notice.
WILLIAM CLOUGH . I am serjeant of the second batallion of Grenadier Guards. On the 10th of July, the prisoner was on duty in the Stable-yard, from four till six o'clock; Jones fetched me to him about five o'clock - he called him a brute, and said he had ill-used the child, or struck it, he was not positive which; I asked how he dare strike or ill-use a child when on sentry - he said he had never touched it; that it was running away, and the sole of its shoe being broken, she fell forward - several gentlemen were there, but I heard nobody saying any thing to him but Jones.
THOMAS CROWTHER . I live in Little St. Jame's-street. I am the deceased's brother-in-law; she was brought home by a little girl, and died on Monday night, about eleven o'clock - she was nine years old.
The witnesses were recalled, none of them had seen the body of the deceased so as to identify it as the child which had been ill-used.
NOT GUILTY .
Before Mr. Justice Bosanquet.
1618. WILLIAM STRINGER was indicted for stealing, on the 7th of September , 1 watch, value 5l.; 1 chain, value 10s.; 1 seal, value 14s.; 1 key, value 5s.; 1 gold cross, value 10s.; 2 breast-pins, value 30s.; 1 brooch, value 14s.; 1 snuff-box, value 1s.; 2 pocket-books, value 2s.; 1 purse, value 1s.; 1 rule, value 1s.; 1 box, value 10d.; 1 pair of shoes, value 5s.; 1 handkerchief, value 7s.; 1 pair of stockings, value 6d., and 1 shilling, the property of George Curtis , in the dwelling-house of James Goldfinch .
GEORGE CURTIS. I was assistant to a silk-mercer , but am now out of a situation. I was in town on the 24th of August, and became acquainted with the prisoner - I am a stranger in London; he showed me about town - we went to Bartholomew-fair on the 6th of September; a disturbance took place, and he lost his hat there - in consequence of that he went home with me to No. 2, Shepherd's-market ; I lodge on the first-floor of Mr. Goldfinch's house - I do not know his Christian name - I said I would accompany him to his lodgings, that he might not get into a disturbance; when we got there he said the people were not at home - I asked him home with me; we got there about three o'clock in the morning - I said he might stay till morning, and I would lend him a cap to go home in; he slept with me - I was awoke by a Policeman between four and five - the prisoner was then gone; I looked about, and missed a small rosewood box, which stood on the dressing-table when I went to bed, and contained the articles stated in the indictment; I went to St. James' watch-house, and found him there with the box, which was still locked - I asked him how he came to do it; he said he did not know, but he would not have had it happen for 5l.
Prisoner. Q. Did I ever go with you before to show you about? A. I had seen you before, and walked with you to Regent-street and other parts; we went to the fair together; I had met him that night in the Quadrant.
JOSHUA FREDERICK CLEMENTS . I am a Police-officer. Cunninghame brought the prisoner to the watch-house with this box; I asked who it belonged to - he said it did not belong to him, but the contents of it did, or part of them; I asked what part - he said a watch, with a chain, two seals, and one or two keys, or two keys and one seal (he was not positive which) suspended to it; I asked when he had wound the watch up or worn it - he said on the Sunday previous; I put the box to my ear, and hearing a watch tick inside, I asked him for the key; he said in consequence of a fall out with his friend he had come away without it; I found a key to open the box - it contained the articles stated; a card of Curtis' was in the box, and I detained the prisoner; I went to Curtis' lodgings, found the street door open and his bedroom door - I awoke him, and brought him to the watch-house - I found a silk handkerchief round the prisoner's neck, a pair of shoes on his feet, and one stocking, which Curtis claimed - I do not know Goldfinch's Christian name.
WILLIAM CUNNINGHAME . I am a Policeman. I saw the prisoner in Shepherd's-market, at a quarter past four o'clock in the morning, with this box under his arm - I asked where he was going; he said to the other side of the market to work, for he had a shop there, and was a tailor - I said, "I do not know you;" he said, "Then you must be a stranger here;" I let him go; but as he turned down a street and ran, I followed and secured him.(Property produced and sworn to.)
Prisoner's Defence. I met Curtis in the Quadrant - he asked me to go to the fair, which I did; he said he had been obliged to leave Bristol at an hour's notice, and would be obliged to me to pledge his watch for him in the morning; I said Yes - we drank a great deal in the fair, and were very tipsy; as we came home, I was insulted in Holborn by a man, and lost my bat - I could not get into my lodgings; he said I might as well go and sleep with him, and I could pledge the watch in the morning; I went and made a noise at the door, being in liquor; we had a few words - I said I would not stay with him; he said, "Nonsense, come in;" I went up, but said I could not stop till morning as I was such a dirty figure - I should leave before day-light, and would take the watch, and bring him the money by nine o'clock; he said, "Be sure you come by nine;" I got up - it was rather dark; I put on his handkerchief and shoes by mistake; I understood nothing but the watch was in the box, and I took it to pledge.
GUILTY of stealing, but not in the dwelling-house . Aged 23.
Transported for Seven Years .
FREDERICK ELLIS . I am a hackney-coachman, and live in Whitechapel. On the 14th of August I and William Simmonds were standing talking together on the pavement in Aldgate High-street ; he was a little the worse for liquor; he went to help a job into a coach - and after he had done that, a man came wheeling a barrow along the pavement, and he merely put his hand against Simmonds' side, to shove him out of the way of the barrow, as I thought, and he fell down - I had not heard him say any thing; it was not done with the least violence; he fell and hurt his thigh - he was not able to walk, and was taken to the London-hospital in a coach; I cannot swear to the prisoner.
JOHN CONNER . I mind the carts in the butcher's market. Simmonds was letting a job into a coach; a man came with a wheelbarrow, and told Simmonds to get out of the way - I cannot swear to the man; Simmonds said he would get out of the way as soon as the coach went on, and when it went the man put down his barrow, shoved him, and said, "You ought to be dead years ago;" he fell on his left hip, and said, "Oh! my hip is broken;" the man did not shove him with any violence - he did no more than was necessary to enable him to drive his barrow along - I did not see him after Simmonds was thrown down.
Cross-examined by MR. BODKIN. Q. Was this about half-past eight o'clock? A. Yes.
FRANCIS RANKIN . I am a pupil at the London-hospital. Simmonds was brought in between seven and eight o'clock on Saturday evening; I found a fracture high up in the thigh - he lived ten days - I did not consider him in danger till about nine o'clock on the Monday night before he died, which was on Tuesday morning, between twelve and one; I opened his body, but not the head, not thinking that would at all assist me in judging the cause of his death - I found him in a very unhealthy state; if no accident had happened I do not think he could have lived long: in my judgment, his death was caused by dysentry - I cannot tell what caused that - it appears he was labouring under it previous to this accident; I have reason to suppose so; I think it had very likely been aggravated by the accident - his death might possibly have been accelerated by the accident.
Q. In your judgment, was it? A. Dysentry being an inflammatory disease, I think it likely to increase it; I should say his death was accelerated by the accident; more than one person of greater experience than myself inspected the body - none of them are here; I have been a pupil there twelve months next October - I have seen some few cases of dysentry, and some have recovered; I do not recollect any that have died; I am twenty-four years old - he never expressed to me any apprehension of danger.
Cross-examined. Q. Have you ever examined the body of a person who died of dysentry? A. I have been present at the examination of more than one, and noticed the appearances, which corresponded with those in this case - the appearances were sufficient to account for his death, independent of any external violence he might have received; I should think his death was accelerated by the accident - he was a man of full habit, and drank a great deal; he was attended in the hospital for dysentry - I have been articled to a gentleman in the country for five years, but did not see many subjects there.
Q. Your belief of death being accelerated rests solely in the knowledge that an accident would increase inflammatory action in the stomach generally? A. Yes.
COURT. Q. In forming your judgment do you take into consideration that death did not ensue till ten days; if the accident contributed to his death, should you not expect it to have been earlier? A. No.
MARIA SIMMONDS . I am the widow of the deceased. I saw him in the hospital on the Sunday morning; he said he thought he should never come out of the hospital alive- he continued of that opinion till he died; he told me on the Sunday morning that he was letting a job into a coach about half-past eight o'clock, and a man came on the pavement with a barrow, gave him a shove, shoved him into the road, and used very bad words; I asked who it was - he said the cat's meat man - that he knew the man by his wife coming by the Butcher-row, and then he said"That is the woman's husband that has done my death;" he said, so help him God, no other man touched him but him - I had seen the prisoner's wife come by the Butcher-row, and he had often seen her there before the accident; we had both seen the husband and wife go by together - he said he had no words with the man, but the man made use of bad words, and told him he ought to have laid there many years ago; he did not know the man's name - I have known him twenty or thirty years, but did not learn his name till after this.
Cross-examined. Q. He told you he met with the accident from the husband of a woman in the habit of coming down Butcher-row? A. Yes, the cat's meat man; I recollected the woman and the man also - there are several people in the neigh bourhood who go about with cat's meat - some of them are married; my husband drank at times - I cannot say whether he had been drinking at the time of the accident; he was sober when he left me at half-past six o'clock.
Prisoner's Defence. I was a mile from there long before that.
WILLIAM CECIL . I keep the Lamb public-house, at the corner of Wilmot-street, Bethnal-green, about three quarters of a mile or a mile from Aldgate High-street. - The prisoner was at my house at eight o'clock on the night of the 14th of August, and remained till half-past nine or later; I am positive he was there as early as eight - he went before the Lord Mayor after this accident, before the man died, and was dismissed; I know it was Saturday, the 14th of August.
GEORGE MILLION . I am a porter, and know the prisoner. I was with him all day on the 14th of August - he is a cat's meat man; he employed me to go with him and his barrow that day, but he never had the barrow in his own hands the whole blessed day - I wheeled the barrow home to his house at a quarter before eight o'clock at night, and no accident happened, for he walked abreast of me all the way home, till he got to Great Garden-street, and left me there for five minutes; we came through Aldgate High-street at twenty-five minutes past seven o'clock, by the dial - I was with him all the time we were in that
NOT GUILTY .
Before Mr. Justice Bosanquet.
Purporting to be a power of attorney from Henry Lowry , of Brentwood, Essex, auctioneer, appointing John Wormersley , late of Little Suffolk-street, Borough, but now of Lant-street, hat-manufacturer , his attorney, to receive 103l. 5s. 1d. from the Accountant-General of the Court of Chancery, pursuant to an order made the 7th of August, 1827, in the cause Detillin and Gale, - dated 2nd of August, 1828, and attested by George Dering , of New Broad-street, London, and John Willis , coal-merchant, of East-lane, Walworth.
With intent to defraud John Springett Harvey , Esq., Accountant-General of the Court of Chancery ; and JOHN WILLIS was indicted for inciting, procuring, aiding, and counciling the said John Wormersley to do and commit the said felony .
2nd COUNT, calling the instrument a letter of attorney.
EIGHT OTHER COUNTS, for uttering and publishing the same as true, with intent to defraud different persons, and charging Wilson as an accessary.
MESSRS. GURNEY and ADOLPHUS conducted the prosecution.
Cross-examined by MR. CLARKSON. Q. Has it been passed and entered? A. Yes; it has my signature to it, and the seal of the office - I know the Register's handwriting.
This was an order to pay to Henry Lowry, of Brentwood, Essex, since deceased, or to his legal representative, the sum of 103l. 5s. 1d. for goods sold and delivered by him to Philip Detillin.
WILLIAM DANIEL KISS . I am a solicitor, and know the prisoner Wormersley; before July, 1828, he had employed me as attorney and solicitor; Henry Wormersley , the petitioner in this cause, is his father, and he has a brother Henry. On the 16th of July, 1828, he gave me directions to apply at the Accountant-General's office, to bespeak two powers of attorney in the cause Detillin and Gale - he went with me to the office, and they were bespoke; he desired me to apply for one in the name of Henry Lowry, for 103l. 5s. 1d., and the other in the name of Charles Gatland - I bespoke them in his presence; the instructions for them are in his hand-writing - the powers are filled up by the clerks in the office.
JAMES SELSRY . I am clerk to Mr. Kiss. I received these papers from the office, after Mr. Kiss had bespoke them; this is the affidavit (looking at it); the power is annexed, but there is no mark on it for me to identify it - at the time I received it, the power and affidavit were annexed, similar to this; Wormersley came to Mr. Kiss's office to me - I said, "Wormersley, you may as well give me a ride into the country, to go and see these executed" - (there were two at the time;) the power was filled up, but not executed; the affidavit was not sworn - the affidavit is an engraved form - it was delivered out with the power, and filled up, except the signature; his answer was, that the parties were too poor - he said, "You lawyers will not do business for nothing; I have a friend (or person) who will, and you may as well put the name in the affidavit;" I then inserted in the affidavit the name he gave me - here it is, in my handwriting - " John Willis , of East-lane, Walworth, in the parish of St. Mary, Newington, Surrey, coal-merchant;" I also wrote the jurat, except the date - I then delivered to him the power of attorney and affidavit annexed; I have seen Wormersley write - I cannot say that the signature, H. Lowry, to the power, is Wormersley's handwriting; there is a similarity of style - I should be very loath to say I believed it to be his; if asked whether I believed it to be his. I should say, to satisfy myself, I do not; here is "6th August" in the jurat of the affidavit - I believe that to be his hand-writing; I never saw the papers after he took them away.
Cross-examined by MR. PHILLIPS. Q. If asked distinctly whether you could form a belief of the hand-writing, and you were forced to say, you would say you did not believe it to be Wormersley's? A. Yes, I do not undertake to say that is the power he took away - the affidavit is only pinned to it, and could be transferred to any other power; a person having the affidavit could easily fill up the power the same as this, if they obtained the form from the office - I had known Wormersley a few months, and knew his residence; he was not taken up for two years after the transcation; I continued to know him down to the latter end of 1829, and did business for him - I could have read the order on which the affidavit was made if I had chosen, out did not; he was about publicly, and I understand was apprehended at his own factory - I knew him at his own house, which is a short distance from the factory; he was accessible to me.
Cross-examined by MR. BODKIN. Q. Wormersley's father was in some manner concerned in the suit in Chancery? A. I understood so, but we were not engaged in that suit in any way; I have been sixteen years with Mr. Kiss, but never saw Willis till he was at Bow-street on this charge - I never inquired whether Wormersley had given me a true description of Willis, the attesting witness; I have frequently attested deeds - nothing is more common than for a person to be called in to witness the signature to a paper by the party purporting to be the person signing it; I have had letters from persons stating themselves to be the parties, and have then witnessed their signatures - I should certainly ask them if they knew the nature of the business.
MR. GURNEY. Q. Should you, in such a case, take care to ascertain whether the party was the person he represented himself to be? A. Certainly - I delivered the same affidavit and paper to Wormersley as were delivered to me at the Accountant-General's office, by Mr. Giles, the clerk.
MR. KISS re-examined. On the 15th of August the prisoner Wormersley called on me again; he said he called
Q. A. power of attorney, under which he professed to receive? A. Yes - we then went to another office, and had the cheque entered; it is payable at the Bank of England - he and I separated at the door; he took the cheque away - I did not accompany him to the Bank.
Cross-examined by MR. CLARKSON. Q. Nothing is more usual than that part of the transaction you performed? A. Certainly, it was perfectly regular; it is very common for creditors in the country to transmit a power of attorney to receive money, when a decree is made, but the papers must be obtained from the office - the Accountant-General has the profit, not the solicitor; it is stated in the order that Mr. Lowry was dead - at the time I identified the prisoner at the office I knew nothing of Mr. Lowry, whether he was dead or alive, or I should have known the power to be forged; if the clerk, who prepared the power, had referred to the decree, he must necessarily have discovered that he was doing wrong.
Q. And the prisoner, if acting criminally, must have known he was going to the very place of all others where he must necessarily have been discovered? A. He must- the order is dated the 7th of August, 1827, twelve months before the occurrence in question; he must have known the very instrument which would discover this would he laid on their table; I must state that he only turned to that part of the order which does not describe Lowry as deceased - the clerks knew where to look for both parts of the order.
JOHN PARKINSON . I am a clerk in the Accountant General's office. - John Springett Harvey . Esq. is the Accountant-General. On the 16th of July, 1828, application was made to Mr. Giles, who is next to me in the office, for a power of attorney, in the cause of Detillin and Gale- Mr. Giles prepared this power (looking at it) - it is Mr. Giles' hand-writing; I had nothing to do with preparing the power or affidavit - they were after wards produced to me personally, by the prisoner Wormersley, both the power and affidavit annexed; I cannot say when they were brought - I examined the power as to the execution of it- it appeared duly executed, and the affidavit duly sworn - I marked the affidavit at the back R. B. Fo. C. L. O., it being the outside, and I have marked the power with my initials, so that I know them to be the same; to the best of my recollection Wormersley was alone when he produced the order for the purpose of getting the cheques prepared; on the 15th of August he came for the cheque - Mr. Kiss came with him to identify him as the person to whom the power of attorney belonged; I had it in my possession at that time, in my drawer in the office, it having been previously examined; after I had numbered it, and filled up the receipt. I put the number of the power in the margin of the receipt; Wormersley signed the receipt in Mr. Kiss' presence, who added his name and address there to- the cheque was for 103l. 5s. 1d. on the Bank of England; he took the order of Court, directing the payment, and the cheque away - (cheque produced) this is the cheque in question (read); I put his name to the back of it, to give the Bank knowledge that he was attorney - the first "Wormersley" on the cheque is written by me, and here is another, which is his signature, written at the Bank, acknowledging the receipt.
Cross-examined by MR. PHILLIPS. Q. You have seen this order, I suppose? A. It was an office copy of the order under which I acted; I had examined the power and affidavit - I had examined the order carefully: I beg pardon for saying so much, but it is my business to look at the ordering part of the order, and if you will read that part you will perceive that where persons are dead it says "To the representatives" of those persons, and here the order says,"Pay to H. Lowry;" my duty is only to read that part - if I was to read all the recitals no man could do the business of the office; there was nothing to prevent my reading the whole - whether Wormersley omitted to read that part I cannot tell.
MR. ADOLPHUS. Q. If he was conversant with the business of the office, would he know that according to the course of business, you never read the whole order? A. Certainly - the power of attorney satisfied the ordering part.
THOMAS GILES . I am a clerk in the Accountant General's office. In July, 1828, I received instructions for a power of attorney, in the cause Detillin and Gale; I believe I received them by, or on behalf of Mr. Kiss - I have them here.
MR. KISS. These instructions are in Wormersly's handwriting. (read.)
The order was for two powers of attorney, one from Henry Lowry, of Brentwood, auctioneer, for 103l. 5s. 1d., in the cause of Detillin and Gale, to John Wormersley, as before described.
MR. GILES. In consequence of these instructions, I prepared that power, it was a printed form; I filled in all the manuscript part except the date and the names of the executing party and witnesses - I inserted the name of the attorney in the body, and prepared the affidavit affixed, except the names of the deponent and witnesses- they were prepared in the office according to the usual course of business - I cannot say to whom I delivered them.
Cross-examined by MR. CLARKSON. Q. For the purpose of complying with the instructions, I suppose you referred to the order in Court? A. Either to that or the office copy, which would contain the whole order - but I should not look at the recital; that would contain the name of Lowry as deceased - I might refer to it if I
MICHAEL WELLSDON. I am a clerk in the Bank of England. I paid this cheque on the 15th of August, 1828 - the person signed his name on the back as John Wormesley; he appeared to act as attorney for some person.
MR. KISS. The endorsement on this cheque is Womersley's hand-writing.
THODEY SMITH . I am a clerk in the Master's office.(Looking at the affidavit) - I have no doubt of having seen this affidavit sworn; I have written on it, and was not absent from business on the day it was sworn; it has the hand-writing of Sir Griffin Wilson , who is a master in Chancery; it is my duty to attend the master to administer the oath to the party making the affidavit - I attended business all that day.
Cross-examined. Q. You have no doubt you was at business? A. No: I never am absent except when attending trials of this description, and I enter my absence in a book; I have no recollection of this individual transaction - it is in consequence of Sir Griffin Wilson's signature being to it that I think it was sworn, and that only; there is none of my writing on it - it purports to be sworn at the Public-office on the 6th of August, 1828.
MR. GURNEY. Q. Were you at the office on that day? A. Yes.
WILLIAM SMITH . I am a brewer, and live at Walworth. The prisoner was in my service a long time; I have seen him write - I cannot swear that the signature, John Willis, to this affidavit is his writing; it is like it, and I think it is his - I believe it is his.
Q. Look at the power of attorney - you see the name,"John Willis, coal-merchant, East-lane, Walworth;" did he live there? A. Yes; I believe this to be his handwriting also.
Cross-examined by Mr. BODKIN. Q. When first asked about this before the Magistrate, did you not speak with considerable hesitation on the subject? A. Not more than I have now; I have been acquainted with him six years - I knew him in August, 1828; he was working as a labourer in the East India-docks, and might be so in August, 1828; I cannot particularly speak to the time - he always bore the reputation of a well-conducted man.
JAMES REED . I live at No. 24, New Broad-street, and am collector of the parochial rates. I knew no George Dering , in New Broad-street - there was no housekeeper of that name in August, 1828, and I knew of no person of that name living there.
Cross-examined by MR. CLARKSON. Q. Might not fifty persons of that name lodge there and you not know it? A. There might.
ANN WALLIS . I am a widow . Mr. Henry Lowry, of Brentwood, Essex, auctioneer, was my father - he died in April, 1808; here are the letters of administration to his effects granted to me (read, dated 30th July, 1808) - I knew my father was a creditor under the estate of Detillin.
Cross-examined by MR. CLARKSON. Q. When did the person come down? A. About two years ago.
COURT. Q. What persons? we have not heard a word about that? A. A person called on me at Brentwood; I neither know his name nor address - he asked if I would join him and more creditors to bring the thing forward, as he was tired of waiting, and then he said he would buy the debt; I said I would do neither, I should wait till I received it - neither of the prisoners are that person; I do not recollect that he gave his name.
MR. PARKINSON re-examined. Q. The power is filled up in Gibbs' writing, how did it come into your possession? A. Wormersley on its being executed returned it to me for examination; I cannot take on myself to say whether he came alone, or at what time he brought it - I well remember his coming with it to the Attorney-General's office, and I examined it as to the execution; this is the identical instrument, for I put my initials on it.
The power of attorney was here read, also the affidavit of John Willis , of East-lane, Walworth, coal-merchant, deposing that he was present and saw H. Lowry of Brentwood, duly sign, seal, and, as his act, deliver the letter of attorney annexed, and that the signature was his hand-writing, and that the names of himself and George Dering were the real signatures of the attesting witnesses.
Wormersley's Defence(written). - My Lord and Gentleman of the Jury - My father was a creditor of the estate of a person named Detillan, the effects of which were administered under the anspices of the Court of Chancery; the debt due to him was large, and deeply interested on his account, I called very frequently upon the solicitors to the estate - this produced a degree of intimacy between myself and the parties in the office, and when, after a great length of time, it was ascertained there was a probability that the debts would be paid in full, it was suggested to me by a clerk in the office that I might derive some advantage from purchasing up such of the debts as were still outstanding as claims upon the estate: I never read the order, and if those whose immediate business it was, did not read it, I could hardly be expected to do so: the first I purchased was a trifling one from a Mr. New, of Aldgate, and finding that the business would occupy more of my time than I could spare from my own pursuits, I employed an acquaintance, a supposed friend, namely, Henry Campbell, to negociate for the sum due to a Mr. Lowry, of Brentwood - the amount of his debt was 103l. 5s. 1d.; Campbell undertook the business of arranging for my purchase of it, and went, as he said, to Brentwood, for that purpose - this is proved by the evidence of Mrs. Wallace, who says that some person (but neither myself nor Mr. Willis was that person) came to inquire whether she would sell the debt due to her father, but that she refused to listen to any such proposition; this refusal Campbell did not communicate to me, on the contrary, he returned to town, and stated that he had concluded the negotiation; and on the faith of his representation being correct, I gave him 60l. for the purpose of purchasing this debt of 103l. 5s. 1d., and furnished him with the blank warrant of attorney to get it properly executed, and conclude the business in the ordinary way; Campbell took the money and the blank warrant of attorney, and soon afterwards returned with it, apparently executed by Henry Lowry, but the office at which the money was to be paid, requiring a further attestation of the signature, Mr. Campbell proposed to introduce Mr. Lowry to affix his signature, in order to obtain the attestation of Mr. Willis to the signature - this was done; Campbell introduced a person to me as Mr. Lowry; I appointed a time, when Lowry, as I supposed, was to attend to affix his signature with that of the attesting witness, besides Willis. The persons representing Lowry, and the witness Deering came to my house, and Mr. Willis met them there; they affixed the signatures, and Mr. Willis made the affidavit of attestation in consequence. I had no suspicion that Campbell was dealing falsely with me; I
Willis' Defence (written.) Being prevented by an impediment in my speech from addressing you, I beg leave to submit to writing the following facts: - In the latter end of July, 1828, John Womersley called on me at my lodgings, in East-lane, Old Kent-road, and said that he had purchased a debt, and wished me to call the next morning at his house in Lant-street, Borough, to witness a power of attorney, authorising him to receive the money; I called the next morning at his house, and was there introduced by him, for the first time in my life, to a person who he represented as a Mr. Lowry; the power of attorney was then placed on the table, and I saw Mr. Lowry write his name, "Henry Lowry" on the power of attorney, which I witnessed, as also did another gentleman then present, and afterwards made an affidavit of the same, at an office in Southampton-buildings, for doing which I never received any remuneration, either directly or indirectly, but did it to oblige him, having known him for some time, and being a distant relation - after that I never saw John Womersley until I was apprehended, at Bow-street. Gentlemen, I have now stated to you the simple facts of the case, so far as I am innocently concerned, and which might have happened to any of yourselves; and I appeal to you, as men of business and of the world, whether it is likely I should have witnessed, put my own name and address where I then resided, and continued to do so for eighteen months afterwards, and at which place Mr. Taunton, the officer, found me, without the slightest difficulty, if I had had any idea of the power of attorney being a forgery; to convince you that it is impossible I could have participated in the produce of the power of attorney, I shall be able to prove to you that at that very time I was in very distressed circumstances, and obliged to pledge my wearing-apparel to procure the necessaries of life for myself and family, consisting of a wife and three children - within a week after the money is said to have been received I went to work in the London-docks as a laboarer.
SARAH HARRIS . I live in Rochester-terrace, Vauxhall-road. In 1828, I was housekeeper to the prisoner Wormersley, and have seen Campbell several times at his house; about the latter end of July, 1828, I remember Wormersley paying him 60l. - Wormersley then gave him a power of attorney, as I understood; it was a paper - I think it was like the one produced; I understood Campbell was to pay the 60l. to purchase the debt - he was to get the paper properly affixed and filled up as a power of attorney; I saw Campbell again a few days after, and then two or three weeks after, but have never seen him since.
MR. GURNEY. Q. How often had you seen him before? A. Three or four times; I never saw him any where but at my master's - he left his name once as Campbell; I am positive this happened in July - I cannot give any reason; I cannot say when I was first asked if I remembered this; it was not till after my master was taken up - I have been with him down to the time of his being taken up; he is not married.
Q. Look at this paper, is that the hand-writing of Henry Campbell ? A. To the best of my belief, I should say it was; I have received notes from him, and judge that it is - I have not seen him for the last eighteen months or more.
MR. ADOLPHUS. Q. What was he? A. I understood he had been an officer in the army - I believe he was on half-pay when I knew him; I was a good deal acquainted with him - he lodged at No. 9, Hampden-street, Walworth, with a Mrs. Whittle; I think I called on him there about 1824 - I think he left there about 1824, or the beginning of 1825; I do not know where he lived in 1827 or 1828 - I have not seen him myself since 1825.
MR. CLARKSON. Q. Do you live in London? A. I did; I left about twelve months ago, but I left London also in 1824.
MR. GURNEY. Q. Where were you in 1828? A. In London, and in 1827.
WILLIAM BASSETT . I live at No. 39, Bishopsgate-street without. I know Wormersley, and I knew Campbell, an acquaintance of his; I remember his visiting at Wormersley's house, when he lived in the New Kent-road, about 1823 and 1824, for about a year and a half - the last time I saw him was in the early part of 1828 in Cranbourn-alley.
MR. GURNEY. Q. You knew him about 1824 and till 1828? A. No - he was generally at Wormersley's on a Sunday, up to 1824; I was not in the habit of being there after that - I did not see him between 1824 and 1828; I always heard him called Major Campbell.
MR. CLARKSON. Q. Did you cease visiting the prisoner in 1824? A. No, but was not in the habit of visiting him so frequently.
COURT. Q. How came you to meet him in Cranbourn-alley? A. I met him by accident, and was determined to see if it was him.
PHOEBE STONE . I am a widow, and live in Swan-place, Old Kent-road. I have known Willis seven years; in 1828 he lived at No. 9, East-lane, Walworth - I lent his wife some money to go out of town with in 1828, on the 12th of May: they were then in very distressed circumstances, and continued so in July, August, and September- I found them food, or they would not have had it; there was no appearance indicating they had suddenly become possessed of a large sum while I knew them.
MR. GURNEY. Q. In August, 1828, was his situation a day-labourer? A. He was a labourer in the London-docks while with me.
JOHN HARRISON . I am warehouse-keeper in the London-docks; in August, 1828, Willis applied to me for employment as a labourer, and said he was much distressed - he continued there, from the 8th of August, off and on, till the 17th of January, 1829, at 2s. 6d. a day.
WORMERSLEY - GUILTY of uttering . Aged 36.
Transported for Life .
WILLIS - NOT GUILTY .
First London Jury, before Mr. Recorder.
1621. HENRY MONTAGUE was indicted for stealing, on the 25th of August , 1 piece of paper, value 1d., and 22 promissory notes, for payment of various sums, amounting to and value 400l., the property of Joseph Waterhouse and another, his masters .
SECOND COUNT, for stealing the halves of the said notes.
MARY BROOKS . I live at Prior's-court, near Newbury. On the 24th of August I saw the halves of notes, amounting to 400l., packed in brown paper, and sealed and directed to Mr. Ashby - there were a good many notes of the Oxford and Newbury bank.
JOHN CLARIDGE . I am groom to Mr. Brooks. On the 24th of August I took a parcel, directed to Mr. Ashby, to the Post-office, to go by the mail-cart to Newbury, and then by mail to London - I am sure I delivered it safe.
THOMAS WILLIAM BRODERICK . I am clerk to Messrs. Waterhouse and Co., at the Swan with Two Necks, Lad-lane . On the 25th of August a parcel directed to Mr. Ashby, No. 56, Bunhill-row, came by the Regent coach; it was taken from the coach to the booking-office, and called over to me in the office by one of the porters - I checked it off the way-bill, and it was given to David Price, the porter, for delivery; it arrived at half-past eight o'clock in the morning, and should have been delivered by ten or eleven o'clock - I heard next day that it had not been delivered; I did not know the contents till the 1st of September. The prisoner was in Messrs. Waterhouse's employ, at 4s. a week - his father is horsekeeper at the inn.
DAVID PRICE . I am a porter at the Swan with Two Necks. I do not recollect taking this parcel in charge in particular; I have to deliver them to Henry Batten, to deliver - he is not here; I delivered him all the parcels I received from Broderick, to convey to their destination - the prisoner had access to the office at any time he chose; on the following evening, when I was making up my books, I missed this parcel; I have not seen it since, and did not know the contents.
THOMAS MONTAGUE . I am horsekeeper at the inn. The prisoner is my son; he brought me the half of a 20l. note about half-past seven o'clock in the evening, on the Wednesday week before I was examined at Guildhall, and said he had picked it up in the kennel in Gutter-lane; I gave it to Fowler - the prisoner has been employed at the inn about two years; he had to take care of the cart while the man goes to deliver the parcels, which are very numerous.
THOMAS DANIEL CLEVELAND . I am porter at the Swan with Two Necks. I received from Fowler, on the 26th or 27th, half a 20l. note; I kept it two or three days, and delivered it to Broderick, hearing a parcel had been lost, containing country notes.
JOHN EDKINGTON . I am night porter at the Swan with Two Necks. The Regent coach arrived about half-past eight o'clock in the morning; I assisted in unloading it - I do not recollect this parcel: I conveyed all the parcels which came into my hands, into the office.
WILLIAM WARBERTON BURFORD . I am clerk to Messrs. Robarts and Curtis. Some days after the 25th of August the prisoner came to our counter, and put over the half of a 10l. Newbury Bank note, No. 7743, dated the 2nd of October, 1828, payable at our house; he did not ask for payment, but merely stated that he had picked it up in Broad-street, near the Excise-office - he did not ask for any remuneration; Sir William Curtis was present, and said he considered it an honest transaction on the part of the boy, and wished me to take his address - he gave me his father's address as Mr. Brown, horsekeeper at Mr. Butler's, London-wall.
RICHARD ASHBY . I live at No. 56, Bunhill-row. I received from Mrs. Brooks, before the 26th of August, a parcel containing the halves of 400l. in country notes - there was a 10l. note among them; I have the halves corresponding with the 10l. and 30l. notes - they tally; I expected the other halves in the course of a few days, and wrote to Mr. Brooks to know why they had not been sent; I inquired at the inn, and found they had lost the parcel - I have only received the first halves; that parcel was directed right, and came to hand at No, 56, Bunhill-row - I expected nothing else in the parcel.
MR. WILLIAM WADHAM COPE . I am a marshal of the City. I took the prisoner in charge at the Swan with Two Necks, on Thursday, the 2nd of September - I did not hold out threat or promise; I told him the charge, and questioned him about the half of the 20l. note - he said he found it on the 25th of August, in Gutter-lane - that it was running down the kennel on a very wet night; I asked where he had been the night before - he said he had been in Blackfriars-road, with his mother, at tea, and went home with her at eight o'clock, and went to bed; I made inquiry of his mother - she said in the office, in his hearing,
The prisoner put in a paper, expressing his contrition for the offence.
JURY to DAVID PRICE. Q. Is Batten here? A. No- I cannot say he ever had possession of the parcel; the parcels are thrown up to me on a board - I took them all off, and delivered them to Batten.
GUILTY . Aged 13. - Transported for Fourteen Years .
Fourth Middlesex Jury. - Before Mr. Common Sergeant.
1622. ROBERT WILLIAM LYALL was indicted for stealing, on the 3rd of September , 2 pistols, value 3l.; 1 barometer, value 6l.; 1 thermometer, value 2l., and 1 telescope, value 9l. , the goods of Sir James South , Bart .; to which he pleaded.
GUILTY . - Transported for Seven Years .
1623. MARY LEWIS was indicted for stealing, on the 17th of August , 1 blanket, value 4s.; 1 shawl, value 6s.; 1 frock, value 2s.; 2 aprons, value 2s., and 1 pinafore, value 1s. , the goods of Joseph Jacobs ; to which he pleaded
GUILTY . Aged 64. - Confined Six Months .
GUILTY . Aged 32. - Transported for Seven Years .
1625. ANN BENNETT was indicted for stealing, on the 31st of August , 1 jacket, value 3s.; 1 waistcoat, value 3s.; 2 handkerchiefs, value 6d.; 1 apron, value 6d.; 3 gowns, value 8s.; 1 pocket, value 2d.; 1 petticoat, value 1s.; 1 frock, value 6d.; 1 pair of trousers, value 6d.; 1 pinafore, value 6d.; 1 gown-body lining, value 2d.; 1 bonnet, value 1s., and 1 piece of calico, value 1d. , the goods of William Case ; to which she pleaded
GUILTY . - Transported for Seven Years .
1636. GEORGE WESTON , WILLIAM SMITH , and WILLIAM PRICE were indicted for stealing, on the 5th of July , 1 promissory note, value 500l.; 1 other note, value 500l.; 1 Bank note, value 500l.; 6 other promissory notes, value 300l.; 6 other notes, value 300l., and 6 other Bank notes, value 300l. , the property of Thomas Jamieson ; and JOHN SCHOOLING was indicted for feloniously receiving, harbouring and maintaining the said George Weston, knowing him to have committed the said felony .
The same evidence was given as in the former case, page 697; there being no evidence to show that the prisoners were at Manchester, Mr. Phillips abandoned the prosecution.
NOT GUILTY .
GUILTY . Aged 40. - Transported for Seven Years .
MESSRS. SCARLETT and ELLIS conducted the prosecution.
EDWARD BIRT. I am a carpenter , and live in Northampton-row, Kent-road. On the 6th of July I met Myers and Goff at the Two Angels and Crown, in St. Martin's-lane, between eleven and twelve o'clock, by appointment; I was searched, and supplied with seven shillings and two sixpences by Mr. Goff, in the presence of Myers - I then went to my lodgings in St. Andrew-street, and stopped there till a young man named William came; Myers went to my lodgings with me - my lodging is fifty or sixty yards from where I saw the officers; Myers had not left me before I saw William; I do not know William's surname - he took me to West-street , which is forty or fifty yards off - I there saw the prisoner, and spoke to him in the street; I had seen him before - he said he was glad to see I was not the rogue he suspected; he said he had some suspicion of me - I then purchased sixteen half-crowns of him; he had before arranged to meet me, and to supply me with any coin I wanted to any amount - that was on the 5th; I gave him seven shillings and two sixpences for the sixteen half-crowns; I put them into my pocket, and gave them to the officer - the prisoner promised to meet me on the next day to supply me with 3l. worth more, as his moulds were imperfect, and he would have some better the next day; I promised to meet him the next day at West-street - when the purchase was made, I went with the prisoner to a public-house in New Compton-street - we had some porter; I then went back to Goff at the Two Angels and Crown - it was then about twelve o'clock - I gave the half-crowns to Goff, and marked them there; Myers came in at the time - I gave an account of what had passed.
COURT. Q. Were the two sixpences and the seven shillings the same you had from Goff? A. Yes; they were not marked; William was not in sight when I met him.
GEORGE GOFF . I am an inspector of the Police - I was then constable. I have known Birt some time; I applied to him to assist me in detecting the prisoner, what he did was by my direction; I applied to him about a fortnight or three weeks before this transaction; on Tuesday, the 6th of July, I was at the Two Angels and Crown at the corner of Upper St. Martin's-lane, about a quarter-past eleven o'clock - Myers and Birt were present; I satisfied myself that Birt had no coin about him - I then gave him seven shillings and two sixpences to make a purchase; he left
Prisoner. Q. Why did not you apprehend me when you saw the money pass? A. Because we meant to take you the next day, when you were to bring a larger quantity; I believe William is about the Court - I do not know why he is not a witness; I do not know that he has been a witness before; he has given me information.
COURT. Q. Do you know his surname? A. Yes.
RICHARD MYERS . On the 6th of July I was at the Two Angels and Crown - what has been stated is correct; when Birt had left the public-house, I followed him to his lodgings, which is at an open shop, and he stood with his hand on the door-post for about five minutes - shortly after William came and took Birt to West-street; I was on the other side of the way - I then went to the parlour of the Two Angels and Crown, where I had a full sight of Birt and the prisoner; I had not lost sight of Birt before he saw the prisoner - they were just in the act of joining when I went into the parlour; Birt and the prisoner had some words together - the prisoner put his hand into his right-hand pocket and pulled out a small parcel, and a paper fell from it; Birt took the parcel and gave the prisoner something - they then went to a public-house in Compton-street; I followed them in, went to the bar, and had something to drink, that I might have a view of them - Birt then came out, and went to the Two Angels and Crown; I followed, and saw him give Goff the money.
Prisoner's Defence. There was no money found on me, good, bad, or indifferent; it is very evident that these people will swear any thing; the reason William is not brought forward is because he cannot show his head in this Court.
GUILTY . Aged 28. - Transported for Seven Years .
RICHARD SIMMONS . On the 10th of June I met Goff, Myers, and a man of the name of Jem, at the Plough, about three o'clock in the afternoon - Goff searched me, Myers was by, and I think the other man: Goff then gave me eight shillings (I am a labourer, and live at No. 6, Vickery-street, Vauxhall) - I went into King-street, which leads to St. Martin's-lane; Jem, who had gone with me, left me there, and went to the prisoner Burk, and in about ten minutes the prisoner Burk, and Jem came to me - I was waiting by myself till they returned; I asked Burk if he could let me have a dozen of half-bulls, by which I meant half-crowns; he said he would let me have them in an hour, when he was to meet me at the Bank public-house; I then went to the Plough, and about four o'clock I went to the Bank - Burk was there; he said he had got them, and called me out of the tap-room into the passage; I saw Clancey at the back of the passage, about five yards from Burk; he said to her, "Give me them out;" she put her hand into her bosom and gave him a paper parcel, which he gave me; I put it into my pocket, and gave him the eight shillings - we then went and had something to drink; Jem was in the tap-room, but he did not go into the passage - we all four drank together; Burk said, "Well, I wish you luck, when will you be this way again?" I said, "In a day or two;" I went back again on the 8th - I had seen Burk before, and made an arrangement on the 2nd of June; this transaction took place on the 10th of June - I had seen him on the 8th, I then arranged to meet him on the 10th; I met him there, and promised to meet him in a day or two - I went to the Plough, and gave the parcel to Goff in presence of Myers; they were marked, and I went away.
Cross-examined by MR. PHILLIPS. Q. You gave the parcel to Goff and Myers? A. Yes; Jem did not go before the Magistrate - he introduced me to the prisoner; I think I became acquainted with Jem in the middle of May - I had never seen him but once; Jem was in the taproom when I received this from the prisoner in the passage - I do not know whether he is here; that is not my business: I did not hear that said by a gentleman at the table - I did not notice it; I work at Mr. Law's, at Peckham - I am still employed by him, when he has it to do; I worked for Mr. Kilsby on Saturday last: Goff has known me for fifteen years - I was not to be paid any thing for this, that I know of; I expect to be paid as other witnesses - if this had not come to trial I could not expect any thing - there was no agreement; if there is any present I will take it - I shall be very well satisfied if I am paid for my loss of time; I expect something, but I have not formed any expectation what - I should be satisfied with two guineas; I do not expect to be paid for swearing - I went to this man twelve or thirteen times; Jem always went with me: the first time I saw the prisoner was on the 31st of May - I have only given evidence in a Court of Justice once before this; that was in a Mint case, four or five months ago, against Parr - a man of the name of Bill introduced me to the Mint; I did not get a halfpenny from the Mint then - I did not apply for my expences; I lost two or three days on that occasion - I cannot get my money; I suppose it does not suit - I have not applied for it; Goff employed me, and I suppose he will pay me - I have heard it is not suitable; I do not know the name of the person who told me so - I expect to be paid when other witnesses are; those twelve or thirteen days I lost were not altogether, perhaps one day in a week - this morning is the first time I attended this Court: Bill said the other job would not be paid yet a while - I had no conversation with Jem about being paid; I did work for a Mr. Hunt without making
MR. ELLIS. Q. The first time you met the prisoner was on the 31st of May? A. Yes - Jem was with me then, and I made a purchase of the prisoner.
A JUROR. Q. Am I to understand that you mean to swear that you did not hear Mr. Scarlett say that something in reference to Jem you had no business to answer? A. I did hear it.
MR. PHILLIPS. The expression he made use of was, that he did not notice it.
RICHARD MYERS . I am acquainted with Simmons - he is a respectable young man, and works at a wharf, at loading barges; he lives some where at Lambeth - I do not know where; Goff and I applied to him for the purpose of detecting the prisoner. On the 10th of June I was at the Plough, in Carey-street; Goff and Simmons were there, and another person, who was at another part of the room when we performed the operation on Simmons, that we might satisfy the Jury that he had nothing about him more than we gave him; Goff then gave him 8s. to purchase half-crowns - he left us; I followed him, and kept sight of him till he got to King-street - he went to the door of the Bank public-house; Burk shortly after came up to him - they went into the house together, and went into the tap-room on the left hand; when they had been in some time, I went through the house; there is a passage which goes into Charles-steeet - I went into Charles-street, and waited at the corner of Lincoln's Inn-fields, which is close by, till Simmons came to me, which was in about half an hour: he said, "I have got them" - he went to the Plough, and I followed him; when he got to the Plough he produced a parcel, and Goff opened it - it contained twelve half-crowns; Simmons marked them, and Goff took them into his possession - I saw the prisoner when he was taken; it was on Thursday three weeks - I think it was on a market day in Smithfield; information was given to the Mint a fortnight or three weeks before - the warrant was obtained after this.
Cross-examined. Q. How long had you known Simmons? A. About ten months, but never to be intimate with him: I know he was employed in Parr's case three or four months before - Parr was transported; he was convicted on the charge on which Simmons gave evidence against him - he was tried more than once: I have known Jem six or seven months - Goff introduced me to Simmons; I thought Simmons an honest man, but he was searched to satisfy the Jury - he was certainly out of my sight; I do not know that Jem was in that public-house - I did not see him; Simmons did not tell me he was there - if he had said he was there, I would have believed him: Parr was tried here and acquitted, and then taken to Horsemonger-lane and convicted - Simmons was a witness here, and on the trial on which he was convicted; I did not know where the prisoner lived - we did not take him at first, as we knew he was an extensive maker, and we wanted to go to his house and find the moulds and things, but we had lost all chance of finding his house, and so we took him; Simmons was employed by the Mint for I suppose four or five months; not in constant employ; he never received any thing to my knowledge, but in the shape of purchasing - I know he is a day-labourer; I believe he was employed but very few days - it might be eight, or ten, or twenty, for what I know, off and on, not regularly; sometimes for a few hours - I do not think he has had a farthing for his expences; I did not apply for my expences - I have not had a farthing, and do not want to have it: I have asked for my expences in these cases, but if I were to ask my Lord for my expences in these cases, I am satisfied he would not grant it - I never received any thing in my life for Mint cases; the Mint pay me - the largest sum I ever received of them for one job was 5l. or 6l., but that was a very large job; I never made a minute of it - 3s. 6d. a day is paid here, but I never know what I am to have for the Mint; it is not half enough for my trouble - the last time I gave evidence was at Horsemonger-lane: the money I have got was about 5l., that is about the outside, for my loss of time - I did not take Jem before the Magistrate; I cannot tell why - I did not know he was a notorious smasher nor that Bill was; I do not think Jem got a farthing from the Mint - I suppose they all expect to be paid.
MR. SCARLETT. Q. When you attend in Mint cases, you are paid by the Mint? A. Yes, not by the County.
RICHARD MYERS. Simmons was bound over at Horsemonger-lane, but he was convicted on Rose's evidence, and Simmons was not called up.
GEORGE GOFF. On the 10th of June, I met Myers, Simmons, and another, at the Plough in Carey-street - I searched Simmons, and gave him 8s.; he went away towards the Bank public-house in King-street, Drury-lane- I saw him go part of the way; I then turned back to the Plough - he returned there to me in half an hour or better, and brought me a paper parcel containing twelve half-crowns; he told me what had taken place.
Cross-examined. Q. Who did you give the money to? A. To Simmons - he is not a particular friend of mine; my brother was an officer at Union-hall - I had known Jem three or four years; I have not seen him for a week - I am no relation of Myers, nor connected with him; I suppose I have been connected with the Mint fifteen years - I have been paid for my time as other witnesses; I remember receiving 35s. in one case - that was a small case; I cannot tell what has been the largest sum I ever received, without I were at home to look at my book - I swear I never got 5l. without it was money laid out of my pocket; perhaps 4l. or 4l. 1s. was the largest - I do not know exactly; I was engaged a great many days, and was very much dissatisfied.
JOHN LIMBRICK . I took Bark on the 26th of August - he wanted to know what for: I told him - he said I must make a mistake; I said I could not - he was pointed out to me; there was a duplicate, and I believe a halfpenny found on him - I took the woman on the 2nd of September, as they were quarrelling, at the back of the office.
NOT GUILTY .
JOHN EVANS . I am a coach-maker , and live in King-street, Holborn . On the 4th of December the prisoner, in company with his brother, called at my house to look at a chaise - he left his card for me to call on him; I went to a public-house, which he then kept, and saw him, and his brother - I wanted 28l. for the chaise; his brother said 25l. was as fair price he offered - a 20l. bill, at two months, and 5l. in spirits or wines - I agreed to take it, and it was to be ready on the second day following - he called at my house then with a saddle horse, but the chaise was not ready-he brought me a 22l. bill, which was accepted, and said he thought it better to give me three sovereigns instead of my taking spirits or wines - I said I must inquire about the bill, unless his brother would endorse it - he was very angry at that, and said he would give me a bill of his own - it was at last agreed that I was to have the three sovereigns - I was to inquire about the bill, and if it was good I was to leave the chaise with him at four o'clock; I went to Westminster to inquire about the bill; he watched me out, and before I had been gone half an hour he took the chaise out - I went to Westminster and inquired of a person who knew the parties; he said the bill was good for nothing - the prisoner said I was to take the chaise home at four o'clock, as he was going to Barnet to look at some corn for his father.
Cross-examined by MR. BARRY. Q. Where is the bill? A. Here it is - it is on a person named Lane; I went to two respectable tradesmen who knew the parties well - I passed the bill to the hands of a Mr. Clark, with whom I do business - Mr. Clark is dead, but his wife gave me the bill up; when I wanted money, I was in the habit of borrowing of Mr. Clark; I owned him 100l. once; I passed the bill into his hands for the purpose of presenting it - I went before the Magistrate at Queen-square; the case was not dismissed as a charge of felony; the prisoner brought the acceptor of the bill, and the Magistrate said it must stand over till the bill became due- I went again when the bill became due - the prisoner was then in the King's Bench, and the Magistrate said I must consider it as a bad debt - the officer told him it was a case that had been heard before - the acceptor of the bill was brought there on the first hearing, to say it was a good bill, and would be paid when due - I told he Magistrate I considered it no debt at all - it was fraud and felony - the Magistrate afterwards advised me to bring him up by Habeas, which being expensive, I would not do - I put it into the hands of Clark; after I was told I must consider it as a bad debt I received a notice under the Insolvent Debtor's Act - I opposed him for fraud and felony - he was not remanded at my suit - he gave a fale notice to come on the 24th of May, and his notice was dated the 28th of May - I appeared on teh second examination, and told the Commissioners I had taken proceedings - I was not sworn as a witness - I entered in the book my intention of opposing his discharge - I heard the judgment of the Court against the prisoner - I did not hear that he was remanded for eight calendar months at the suit of John Evans, for a debt of 22l. - I have been to him in prison - I found him in custody for debt - I did not ask him then for payment - I did not say, "Will you pay me now?" nor did he reply, "I cannot pay you now, as it would be giving you an undue preference" - I did not speak to him - I did not tell his brother that if the bill was paid I would not take any step at all - his brother came and offered a bill of 15l. - I know Mr. Lane lives where the bill was payable - no action has been commenced against him - I could have arrested him, but I did not consider it a debt - I owed Mr. Clark money, and I told him the nature of the case - if he had got the money he would have paid himself - he was to take his account out - he did not sue Lane - it was not considered a debt - there was a cushion taken from another chaise.
FRANCIS LITTLE . I went to Mr. Evan's shop one Monday morning; the prisoner said, "I am glad you are come, there are some jobs to do to the chaise" - he then said, "Never mind, it can be done at home," and while I was up stairs he pushed it out, or it was taken out, and the cushion of another chaise was taken at the same time.
Cross-examined. Q. Will you swear you did not say that the cushion belonging to the gig was repairing, and it should be sent home? A. I cannot recollect - I might have said so; I do not know whether we have the proper cushion now.
JOSIAH EVANS . I am the prosecutor's son. The cushion belonging to this chaise wanted fresh covering, and the prisoner said he could take the cushion of a phaeton - I said he must not have that, very likely it would be wanted - while I was on the stairs he took it, put it into the chaise, and said I might have it in the morning.
MR. BARRY to MR. EVANS. Q. Did not you see the prisoner after this? A. Yes, at his own house; he told me to leave his house, and I went to Queen-square.
COURT. Q. What became of the chaise? A. I saw it standing at Westminster for sale; the prisoner sold it the day before he went to prison - I was told he went on the 18th of January.
Cross-examined. Q. That was six weeks after? A. Yes - the bill was never presented for payment.
Prisoner's Defence. The prosecutor came to my house on the 5th of December, and said he had a second-hand gig for sale - he waited two hours, and urged me; I agreed to give him a 22l. bill on Mr. Lane, and 3l. in money - I was to go on the 7th of December, and it was to be delivered to me at ten o'clock in the morning; he took the bill - I endorsed it, and gave him 3l.; I lost an action in the King's Bench, and not having means to pay, I was forced to go through the Insolvent Court - the prosecutor came to me and said, "The bill is due, do you intend to pay it;" I said, "Mr. Lane owes the money" - he said, "I will oppose you, and you shall have twelve months;" he met me going in, and said, "If you will pay the bill, I will not go in, I will put off the indictment I have against you, and if you don't, I will oppose you now, and at the Old Bailey;" I said, "it is not in my power to pay you, if my friends like to do any thing with you, it is their concern" - he went in, and I was remanded for eight months; the man who says he was up stairs, was there at the time, and I asked if he would have something to drink, and gave him 1s. for half a pint of gin - he said, "You can have that cushion till the evening, and I will bring yours down."
NOT GUILTY .
GUILTY . - Transported for Seven Years .
JAMES FILLMAN. On the 9th of August the prisoner was working for me in Osborne-street, Whitechapel - I left him there, with these trousers and shears in my shop, about half-past eleven o'clock; when I returned at half-past four he was gone with them.
GUILTY. Aged 21.
Recommended to Mercy . - confined Three Months .
FRANCIS MONCKS. I am a tailor . On the night of the 21st of July I went with the prisoner to a house at the corner of Dean-street, Stafford-street - I met her about eleven o'clock, and went to the house between twelve and one o'clock; I stopped till the next morning, and at half-past five, when I awoke, she was gone, with the money which had been in my breeches pocket, and partly under my pillow.
Cross-examined by MR. LEE. Q. Are you a master tailor? A. No, a journeyman - I had never seen the prisoner before; I did speak to her about going to America - I did not promise her marriage; I asked her to take me to her lodging; she said she could not - we went to a house and had some brandy and water; I said, "I came from America" - she said, "I should like to go there;" I said, "I shall go there soon" - I had drank nearly a pint of ale after four o'clock, before I met her; I do not recollect having any thing else - I was not intoxicated; I was at home till about half-past eight; I then went to a public-house at the corner of Marylebone lane - there I and another drank two pints of ale: she had told me her address - she did not say, "I want some paper to curl my hair, and I will take this note;" when we went to her lodging she did not say, "I have your money, but I won't give it you yet" - I said, "Where is my money?" meaning the 5l. note and the money; she said, "I have not got your money, I have not taken it, and will go and bring my pocket to show I have not taken it;" she was not paying me the money when the officer came.
LOT COX. I heard the prosecutor call Police! about six o'clock that morning - he said he had been robbed by a young woman he had been sleeping with all night in Dean-street, but he did not know the number; he said she was at No. 43, Upper York-street, Marylebone - I went and demanded admittance; Mr. Whitehead said there was such a person in his house, and he went and brought her down - she came within one or two steps of the bottom; the prosecutor asked her for his money - she said, "I have no money belonging to you, and took none;" she then told him to come up stairs - the landlord said, "No man should go up but the officer;" she then brought down a dark reticule, and handed me a 5l. note and a sovereign - she said she took it through a lark, and she had told the prosecutor where she lived; the prosecutor did say he believed she did not mean to steal it - he said had Mr. Whitehead let him in, he would not have called the officer.
NOT GUILTY .
1634. JANE POWELL was indicted for feloniously receiving, on the 30th of August , 3 pairs of shoes, value 5s., and 1 pair of boots, value 3s. 4d., the goods of William James Tillinghurst , well. knowing them to have been stolen .
WILLIAM JAMES TILLINGHURST . I am a shoemaker , and live in Brick-lane, Old-street; I lost several pairs of boots and shoes previous to the 30th of August. On that day I was going through Playhouse-yard , and saw. three pairs in the prisoner's window - I went in and asked if I could look at them; she asked if I wanted to purchase them - I said No, I suspected a lad of mine had taken them; she said she had had them two years - I affected to he satisfied, and went away; I then sent my wife to purchase these shoes, which I know are mine, and had been made nine or ten months.
Cross-examined by MR. CLARKSON. Q. Were not the shoes hanging in the window? A. yes, the pair I first saw - she keeps a marine store shop; I should sell these shoes at 2s. a pair - they cost me 20d.; they are my own manufacture.
Cross-examined. Q. Is not that about the value of them? A. No - I cannot say when I had seen them; I was confined at the time they were taken.
JOSEPH DAVIES . I am apprentice to the prosecutor - I took these boots from his shop some time ago, and these shoes I took a month last Friday - I sold them to the prisoner, who gave me 8d. a pair for them.
Cross-examined. Q. Where did you come from this morning? A. From the House of Correction - I was put there because there were none of my friends to give bail - I had been with the prosecutor twelve months - I was fourteen years old last July - I was never in gaol before - the prisoner is a widow - I never carried shoes to any other place - I do not expect to - save myself by prosecuting her - my master found it out by seeing the shoes in the window; I had 9d. for one pair, 8d. for another, and 20d. for the boots.
EDWARD RICHARD PENSTONE . I went with Chambers - I asked the boy in her presence if that was the woman he sold them to - he said Yes; I asked her if she ever bought shoes of him - she said No; I asked him again, and he said Yes - I then said she was my prisoner - I found two pairs of shoes there - the boy said he had sold seven pairs of children's shoes - the prosecutor was with us - he said they were his.
Cross-examined. Q. That was after he had been and claimed them? A. Yes, that was when he went and found these boots; these shoes were hanging in the window after he had been there.
The prisoner received a good character.
GUILTY. Aged 68.
Recommended to Mercy by the Prosecutor . - Confined Fourteen Days .
EBENEZER FOX. I am an oil and colourman , and live in Old Compton-street ; the prisoner was in my employ - I had missed money. On the night of the 11th of July, I marked one shilling, two sixpences, and about one shilling's worth of halfpence, and put into my till - on the following morning I missed 1s. 6d.; I called an officer, who found it in her box - she produced the key, and said she hoped I would forgive her; she had been with me a few months, and had a good character.
WILLIAM EDWARDS . I am an officer. I took her; she produced the key of a box; she said she did not know how the money came in her box - that she did not take it herself, but she did say she hoped her master would forgive her; she at first denied it, but owned it before it was taken from the box.
GUILTY. Aged 19.
Recommended to Mercy . - Confined Three Months .
HENRY MOODY. I am a cheesemonger , and live in Exmouth-street . On Saturday, the 24th of July, at half-past eight o'clock in the evening, I saw the prisoner take this bacon, and walk away with it; I pursued, and brought him back with it.
Cross-examined by MR. STURGEON. Q. Was it not late at night? A. No, half-past eight o'clock; I followed him twenty yards - he had not bought it; he was not in the shop at all.
The prisoner received a good character.
GUILTY . Aged 20. - Confined Ten Days .
WILLIAM WALLACE. I am a sailor . I had been three or four weeks at the prisoner's before I went the last voyage: after I received my wages from the East India-house I went to St. Mary-axe, to a man named Kings; the prisoner, his wife, and another person were sitting there - I left three sovereigns there, and then went into a coach; the prisoner, his brother, and a female entered the coach on the starboard side - she fainted on the prisoner's brother's knee; I said, "Why don't you give her air;" I reached to open the window, and the prisoner's wife put her hand into my pocket - her hand was behind her husband, but she dropped the note, and I took it; the prisoner seized my arm, tore my jacket, and gave me a scratched eye, but I put the note into my mouth, and gave it to the Policeman.
NOT GUILTY .
JAMES FOX . I was in the service of Mr. Edward Billing - he is a silk-mercer , and lives in Tottenham-court-road ; the prisoner was in his service. It is my duty, in the absence of Mr. Billing, to walk in front of the counter, and see that the customers are attended to; on the Saturday previous to the 24th of August, the prisoner was missing; I called him, and he did not answer, but presently he came out of a window, where there are a quantity of woollen goods, where he had no business to go - I saw him putting something into his pocket, and from the confused manner in which he appeared, when I told him to serve a customer, I had some suspicion, but I let it pass on till the next Tuesday, when I wanted a particular handkerchief, bearing the representation of His present Majesty; I inquired and they were not to be found; there had been two of them - all the young men denied having seen them; I then named it to Mr. Billing, and likewise the circumstance of the prisoner coming out of the window; in the evening he went to search all the boxes - the prisoner unlocked his box, took out his linen, and opened it, to show that there was nothing there; he went on till he came to a bundle; I asked what was in that - he said nothing particular; I told the Policeman to take it, and there were two handkerchiefs, with the shopmark on them; here is a length of silk which was found, but I cannot swear to it.
Cross-examined by MR. ADOLPHUS. Q. Where did you see him come from? A. From the woollen-drapery window; there are silks there sometimes, but I am not sure there were that day - I am sure the prisoner's box was locked; it was a common box, in the room to which others have access; I had not suggested to the prosecutor the propriety of searching the boxes - we have not been on bad terms, but, from my filling the principal situation, perhaps some words might pass; I never said I would do for him the next day.
RICHARD PEARSON . I was sent for, and went to the shop; the young men were all there, and one after another were taken up stairs - we went into one room, but found nothing there; in the second room, the prisoner was called, who produced a key, and his box was opened;
Cross-examined. Q. They were not tied? A. No - there was no bundle that he opend; when I took it out he said he did not care at all about it, were it not for his mother - he gave no acount of them; this third hadkerchief was on them - he asked what I thought he should be done to.
MR. FOX. They were casually wrapped up.
Four witnesses gave the prisoner a good character.
GUILTY. Aged 19. - Judgment Respited .
GUILTY . - Transported for Seven Years .
ROBERT SAVORY . I am a plumber and glazier . I lost three brass cocks on the 7th of August, from my shop window - my housekeeper came to me in the back shop, and I came into the front shop, which is in Ratcliff-highway ; I saw the prisoner one hundred and fifty yards off; I went out and took him by the collar, with my property in his hand - he gave no account of them.
SARAH MULLINS . I am housekeeper to the prosecutor. On the 7th of August I went into the front shop, and saw a man go out, and thought all was not right - I went towards the street,and saw him with the cocks in his hand; I told my master, who went and brought back the prisoner.
Prisoner's Defecne. As I was coming from the West India-docks a gentleman asked me if I wanted a job; I said Yes - he said, "Carry these to the top of Betts-street"- this gentleman came and took hold of me; he said I had stolen them, and I said I had not.
GUILTY . Aged 19. - Transproted for Seven years .
JOSEPH GOODBAND. I am servant to Mr. Greenwood, of Russell-square. On the 21st of July, between twelve and one o'clock, I was in St. James'-park , standing there - as the King was leaving the park I rushed to see him; a person tapped me on the shoulder and asked what I had lost; I felt, and said, "My handkerchief;" he told me to follow him, and he seized the two prisoners - I had not seen them before; this is my handkerchief.
THOMAS GOOK . I was in St. James'-park, with Lindley, a little after ten o'clock; I saw the two prisoners very busy about some things which I am not allowed to name here - I watched them till about twelve o'clock; I then saw them close behind the prosecutor - Hutchings took this handkerchief from his pocket; I called to Lindley"They have got it:" they went away - I told Lindley to watch them - I tapped the prosecutor on the shoulder, and said, "You have been robbed;" he said, "Yes, of my handkerchief;" we pursued the prisoners to the Horse Guards, and took them - the mob was very great; we tried to get them to an open place, and while I was searching them, a young man held up the handkerchief, and said he had picked it up.
Hutchings. Q. Did you see me pick the gentleman's pocket? A. Yes; I wished to tell the gentleman of it before I took you.
SAMUEL LINDLEY . I was with Gook, and watched the prisoners for half an hour; I saw them close behind the prosecutor, but did not see them do any thing - they were quite close to him; they went away, and Gook told the prosecutor of it - I did not see the handkerchief till it was held up.
The prisoners delivered in a written Defence, simply declaring their innocence.
HUTCHINGS - GUILTY . Aged 27.
BRENT - GUILTY . Aged 23.
Transported for Fourteen Years .
Second London Jury, before Mr. Sergeant. Arabin.
Confined Six Months , and Publicly Whipped .
SUSANNAH COLSEY . I am the wife of William Colsey , he lives at the corner of Finch-lane, Cornhill . These writing-desks were at our door on the 14th of September; I was standing behind the counter about three yards from them at work; a gentleman told me that a person had taken four desks, and gone up the lane; the desks had been tied together, and I heard the string snap just before the gentleman spoke - the prisoner was brought back with them in about two minutes; I had desired the gentleman to follow him.
WILLIAM FOX . I live in Finch-lane. I was sitting in my shop, and saw the prisoner go by with the four desks; a gentleman was pursuing him; he was about twelve yards from the prosecutor - I followed the gentleman, who stopped the prisoner in my presence; the desks were on the pavement then, but I had seen them in the prisoner's arms.
Cross-examined by MR. LEE. Q. Is that gentleman here? A. No; it was between seven and eight o'clock in the evening - there are many lights there; the desks were by the side of the prisoner - I asked how he came by them: he said a man gave him 6d. to take them to Whitechapel; he had not run more than ten yards.
Prisoner's Defence. A gentleman stated that he saw a man give them to me.
The prisoner received a good character.
GUILTY. Aged 19.
Recommended to Mercy by the Prosecutor and Jury .
Confined Six Months .
JOHN SYMONS HIGGS. I live on the Pavement, Moorfields. On the 2nd of September I was in Long-lane ; I felt a hand at my pocket; I turned and missed my handkerchief; two little boys pointed to the prisoner; he was then about three yards from me; he crossed the street between two carts; I crossed, collared him, and told him he had my handkerchief; he denied it; I searched him, but could not find it - I then desired him to take up his apron, and in his waistband I found this handkerchief.
Prisoner's Defence. I picked it up.
THOMAS BARKER. I took the prisoner in charge.(Property produced and sworn to.)
The prisoner received a good character.
GUILTY. Aged 15.
Recommended to Mercy by the Prosecutor .
Confined Six Months .
JOSEPH KERSCHNER . I am apprentice to Mr. Richard Loader, of Newgate-street , an upholsterer . On the 10th of August, between five and six o'clock in the afternoon, I was coming down stairs, and saw two men in the shop; one near the threshold, and the other taking the desk off a pile - they were tied with a string, which was cut - the desk was taken out - I think the prisoner stood near the door, and the other passed the desk to him - I think the prisoner is the man; I ran out, and caught the prisoner with the desk about twelve yards off; he was quite a stranger; there were two workwomen in the shop - the stairs are opposite the door.
Prisoner. He states I was in the shop, and on the examination he stated I was outside. Witness. I think you were on the threshold, and when I took you, you were going down Butcherhall-lane.
Prisoner's Defence. I was going up Newgate-street, and saw this desk on the step of a door - I was going in to ask about it - the young men came and took me.
GUILTY . Aged 23 - Transported for Seven Years .
THOMAS LIDDIARD . I live in Aldersgate-street , and am a plumber . On the 26th of August, at half-past five o'clock, I was going home; I stopped opposite the Albion Hotel, and saw the prisoner coming out of my door; I saw him turn by the corner of my shutters - these six bars of solder were under his arm; I went up to him: he put them down by some shutters in Westmoreland-buildings, and attempted to run away, but the gates of Bartholomew's-hospital were shut - he turned back, and I caught him.
Prisoner's Defence. I was coming down Aldersgate-street; a man asked me to take hold of this, and carry it a little way for him; he turned down this place, and I ran after him to catch him.
GUILTY . Aged 25. - Confined Six Months .
SUSANNAH SNEED . I was in the service of Mr. Henry Dove , linen-draper , of Newgate-street . At a quarter-past six o'clock in the evening, on the 24th of July, I was in the kitchen, and saw the prisoner take something which hung at the shop-door on an iron rail; I called to the young man, and said there was something hanging at the door - he said Yes; I said it was gone, but I could not see what it was - he ran up, and took the prisoner; I know she is the person.
HENRY MAY . I am in the employ of Mr. Dove. Sneed told me she saw a woman take the cloth; I ran up. and saw the prisoner crossing the road with a piece of this cover protruding from her apron - I seized her with it; she had got about twenty yards.
Prisoner's Defence. I was going to pawn my shawl to get my children some victuals - I met a woman who had a bunch of onions in her hand; she dropped this cloth and told me to hold it, and to go across to Mr. Fleming's; this young man then came and took me to the shop - I said I had it from that woman with the onions; he never attempted to take her.
GUILTY . Aged 29. - Confined One Month .
GEORGE WILLIAM NORRIS . On the 7th of September I went into a show at Bartholomew fair - I had my pocket cut and my handkerchief taken - I saw the prisoner there, and watched him some time; I saw him attempt another person's pocket - I then took him, and found my handkerchief in his coat pocket - this is it, it is marked J. B. - I belong to the Police, but was not then in uniform.
Cross-examined by MR. STURGEON. Q. Was any body by you? A. Not that I know of; I do not know what my expences are - I have never been at any other Session; I did not see the prisoner take the handkerchief - I took him in about half an hour after; I had not been in any public-house - I suspected the prisoner because he stood close by me.
GUILTY . Aged 21. - Transported for Seven Years .
JOHN WALLER was indicted for embezzlement .
MR. PHILLIPS (on behalf of the prosecution) declined offering any evidence.
NOT GUILTY .
MORRIS SAMUEL LIEVESLEY. I was on Ludgate-hill about ten o'clock in the evening on the 31st of August - I felt my handkerchief taken out of my pocket; I turned suddenly round, and saw four boys - Smith, who was one of them, had my handkerchief, and was delivering it to another boy , whom I caught, but he got away; Lee was close to him - they all ran away; I pursued Smith, caught him, and brought him back; some persons came up, and among them was Lee, who I charged as being one of the boys, and he was taken; I have never got my handkerchief, but I am sure I saw it in the possession of Smith, and he was nearest to me.
THOMAS BROWN . I am an officer. I was coming down Ludgate-hill, and saw the two prisoners running, and the prosecutor pursuing them to St. Martin's-court - the prosecutor caught Smith, and said he had been robbed of his handkerchief; Lee then came up, and I took him - he dropped one handkerchief at my feet - I found another on him, and a duplicate of another.
LEE. He says I was running, which the gentleman denies - I never moved from the spot; I met this lad at the corner of St. Paul's church-yard - I saw a boy come from this gentleman; he ran after another, and then after this one - I went to see what was the matter, and the gentleman said I was one.
NOT GUILTY .
JOSEPH CARPENTER I keep a ready-made linen warehouse - the prisoner's wife worked for me, and he used to come for the linen; I had suspicion, and watched him; on the 11th of September I was in a room between the shop and the staircase - the prisoner came that evening while no one was in the shop; he waited for the foul linen, and while he was taking it, I saw him take this parcel, put it into his basket, and put the foul clothes on it - it is a dozen of night-caps; I came down and told my young man - he had not got out of the shop; the watchman was at the door and took him.
Cross-examined by MR. PHILLIPS. Q. Have you told us all about it? A. I believe so; I was in a cupboard in a room - I have excellent sight - I can see through a deal board almost; I was two or three yards from the prisoner - there is a door to the cupboard; there is glass in it - if there is a door it cannot be shut - I believe there is a door, but I do not know that it has ever been shut; there were two squares of glass over a fan-light for me to look through.
WILLIAM MACCOY . I live with the prosecutor - I remember the prisoner bringing home the clean linen and waiting for the dirty linen - I was in the shop; he had a basket; I gave him the dirty linen, and was putting down the shirts in the book; Mr. Carpenter came and said he had a parcel - he was then near the door, going out of the shop.
Cross-examined. Q. What is this cupboard? A. It is a large cupboard - I was nearer the prisoner than the prosecutor was - I was about two yards from him, and he was, perhaps, three yards further - there was some glass between him and the prisoner - I suppose the shop is five feet wide; it is very well stocked - I do not remember any stockings falling into a basket by accident - there is only a boy named John Stanley , in the shop - the prisoner's wife has worked for the prosecutor this three months; I think nothing could fall in the basket without being perceived.
Prisoner's Defence. I am innocent; I was on one side of the counter, and the shopman threw the things over - I took them and put them into the basket, and never touched the basket till Mr. Carpenter came and said I had robbed him; I said it was more than I knew - he took the things out, and this parcel was in; he said " Mark the parcel," and then he said before the Lord Mayor that it was marked before I came, and he had it marked on purpose.
The prisoner received a good character.
GUILTY. Aged 39.
Recommended to Mercy by the Jury . - Confined 3 Months .
BENJAMIN GARDNER . I am a carcase-butcher in Newgate-market . I deal with Mr. Robert Russel, of Cow-cross, a butcher - he has joints and parts of carcases. On the morning of the 21st of August , Mr. Russel came with the prisoner, and bought two pieces of meat - the prisoner took them away; he was in Mr. Russel's service that morning - the prisoner came again, looked out two or three pieces of beef, and asked if I would serve Mr. Russel at such a price; I told him to go and tell Mr. Russel the price and the weight - he came back again with Mr. Russel's tray, took away the meat, and said if I would call, Mr. Russel would pay; there were four pieces of beef, which came to 1l. 4s. 6d. - I let him have them because he said Mr. Russel wanted them, and that he came from Mr. Russel: he said Mr. Russel's wife was absent, and that was the reason he could not come out - I went to pay my poor rates the same night, crossed over and spoke to Mr. Russel, who said he had not sent him; he has a wife and two children.
ROBERT RUSSEL . I did not send the prisoner for this beef on the 21st of August - he had brought two pieces of beef home in the morning, and I did not see him afterwards - I did not send him for any meat at all, nor to Mr. Gardner at all - I have found him always honest.
PATRICK GAYLOR . I am a butcher. On the 21st of August the prisoner called at my shop and asked my permission to weight a sirloin, and some other pieces he had sold, and he asked me to buy some at 2s. 6d. a stone.
The prisoner put is a paper, stating that he was intoxicated when he committed the offence; he received a good character.
Recommended to Mercy the Jury . - Confined 3 Months .
WILLIAM BARNAP NEATE. I live at Mr. Samuel Neate 's, a butcher . Mr. Harvey keeps the St. Paul's coffee-house: my master serves him. On the 7th of September the prisoner came to our shop, and asked for a leg of lamb fo Mr. Harvey, of St. Paul's; I expected he was one of his servants, and therefore I let him have it - I sent in the bill next day, and it was objectd to; I never saw the prisoner but once before.
WILLIAM HARVEY . I keep the St. Paul's coffee-house. I deal with Neate's master - I never gave the prisoner orders to go for a leg of lamb; I think he has applied to me for a situation as porter, but I never employed him - I understand he has assisted one of my servants.
Prisoner's Defence. I had had something to drink, and not know what I did; I did not recollect it at all.
GUILTY . Aged 40. - Confined Six Weeks .
OLD COURT. TUESDAY, SEPTEMBER 21.
Second Middlesex Jury, before Mr. Sergeant Arabin.
1653. WILLIAM GOODY was indicted for breaking and entering the dwelling-house of Joseph James Ledger , on the 14th of August , and stealing, 1 snuff-box, value 20s.; 1 ring, value 30s.; 24 sovereigns, and 1 half-crown, the property of Joseph Penarie .
JOSEPH PENARIE . I lodge at Joseph James Ledger 's. Bowling-green-lane, Clerkenwell , on the first floor. On the 14th of August, about half-pst six o'clock in the evening, I went out and left my door locked - I returned at a quarter to nine, and found the box of the lock wrenched off - I lost twenty-four sovereigns, a snuff-box, and a mourning-ring out of two boxes, which were broken open.
Cross-examined by MR. CLARKSON. Q. Is Mr. Ledger here? A. No - his name is James or Joseph; I do not exactly know his Christian names.
MARIA COPE . I live with my mother, at Mr. Ledger's, On the night in question there was a knock at the door - I went down to open it, and while I was there the prisoner and another man came up; they asked if Mr. Penarie was at home - I said not, and asked if they would leave a message; they said No - they then went up stairs; I followed them - they told me I had better go into my room, because my little sisters were alone I went into our room, but left the door ajar - it is opposite Penarie's door; the tall one was whistling and singing - I heard a noise, as if they were unlocking the door; somebody came to the door for my mother - I went down stairs, and the tall one followed me down; I went up again and so did he, and then I went down again - the tall one came down, and asked if I was going out; I said No - he said he would be back again in a very few minutes, and went out; the prisoner (who was the short one) then came down and went out - both went away, and I did not see them again; I am certain of the prisoner.
Cross-examined by MR. CLARKSON. Q. You saw more of the tall one? A. No; I had seen the prisoner watching about, about two months ago - I am seven years old.
JAMES NAIRN . I live in Red Lion-street, Clerkenwell. On the 14th of August, about eight o'clock, I was passing No. 31, Bowling-green-lane - my situation is right opposite that house, and I knew Cope; I knew the prisoner before - I used to work with him, and my mother lodged in the next room to him; as I passed. I saw him and a taller person talking to Cope at the door.
Cross-examined. Q. Have you not said there was but one man? A. No; I always said there were two.
WILLIAM GROVE . I am a Police-constable. On the 14th of August, about eight o'clock, I heard of the robbery; the house is on my beat - I went in search of the prisoner from information, and apprehended him the next evening (Sunday) in White Conduit-gardens: I took him to the station in Rosomond-street, and on his person found two sovereigns, 8s. 6d., a silver watch and seals, a snuff-box, and three keys - the inspector asked his residence; he said No. 20, or 30, Arlington-street - I said, "That is the residence of your father, I want your residence;" he said he had none, but I received information, and found out his lodging in Shad's-place, Gray's Inn-lane; I proceeded there - one of the keys found on him opened the room door, and one of the other keys opened a drawer under a press-bedstead, in which I found, thirteen sovereigns wrapped in paper, and near that a silver snuff-box - in the bed I found a pair of pistols, (one loaded) four powder-flasks, several bullets, a shot-belt, and a screwdriver, which tallies exactly with the marks on the prosecutor's trunk; the prisoner was brought out and asked if the sovereigns, snuff-box, and every thing else in detail were his, and said they were all his.
Cross-examined. Q. That is a common screw-driver? A. Not very; there are many of that size.
JOHN BUTAIN . I am a Policeman. I heard the prisoner say every one of these articles were his own property - I asked him about them individually - I saw that the screw-driver tallied with the marks on the trunk.(Snuff-box produced and sworn to.)
Prisoner's Defence. I bought the box in the way of trade.
JAMES COPE . I lodge at Ledger's house, his name is Joseph James; his wife told me so at Hatton-garden, and it is at the top of the book in which the account of my rent is kept - I do not know that it is in his hand-writing.
GUILTY of stealing, but not in the dwelling-house .
Aged 18. Transported for Seven Years .
Second London Jury, before Mr. Justice Bayley.
1645. JAMES HUNT was indicted for feloniously forging a certain order for payment of money, (setting it forth a cheque on Messrs. Jones, Lloyd, and Co., for 90l. 10s., dated the 26th of July, signed Shoolbred and Cook), with intent to defraud Lewis Lloyd , and others .
2nd COUNT, for uttering the same.
FOUR OTHER COUNTS, varying the manner of laying the charge.
MESSRS. BODKIN and LEE conducted the prosecution.
GEORGE GARDNER . I am a ticket-porter of the City, and live in Star-alley, Fenchurch-street - I usually stand at the door of the Elephant public-house, Fenchurch-street. On Monday, the 26th of July, I was standing there, and about twenty minutes or a quarter before four o'clock (as near as possible) a person came to me with a cheque; I swore to the person next day - the prisoner is that person; this is the cheque I received from him, it has my initials on the back - he came and touched me, drew me aside a few paces, gave me the cheque, and desired me to go to Messrs. Jones and Lloyd's, the bankers, and get five 10l. notes, forty sovereigns and a half, and bring them to him at Mr. Walker's, Mark-lane. and if he was not there, he should be at the Cornexchange; I took the cheque folded in my pocket, and went to the bankers as quick as I could - I stopped in my way, in Ball-alley, opened it, and saw who it was payable to; I went to Jones and Co., and payment was refused - I was asked who I received if from, and stated; when I saw there was doubt about the cheque, I immediately cast my eyes at the dial, and saw it was ten minutes to four o'clock; a person was sent out with me to to Howard, late Walker and Sons, No. 24. Mark-lane, I found no Walker living there - I did not find the person who gave me the cheque there; I went into several coffee-houses and taverns in Mark-lane, and then to the Corn-exchange, but did not find the person at any of those places - the person from the bankers then left me, and I returned to my stand; I had given Jones and Co. one of my cards - I heard no more of the matter that day; I went to the bankers next morning, and complained of it being hard upon me not being paid my porterage, and they gave me 1s. - I returned to my stand, and found a card at the public-house, referring me to Mr. Gates' office; I went there directly; I waited nearly two hours, and Mr. Gates came in - I was ordered into a private room, were Mr. Gates and several gentlemen were - Mr. Gates questioned me; I said a gentleman gave me the cheque, that he was about five feet four inches high, or five feet six, as near as I could tell, that he had a very remarkable nose, and was very quick in speech. that I belived I should know him again if I saw him; I went with Mr. Gates in a coach to Shoolbred and Cook's, in Tottenham-corut-road, but did not she the person there - I returned, went to dinner, and returned to Mr. Gates' office about four o'clock; I waited there some time - seven or eight gentlemen then came into the office, and I recognized the prisoner as the person who gave me the cheque: I noticed him directly he came in, but nothing passed between us - three or four persons might have come in before I recognized the prisoner; one man came in with him - I had not the least doubt whatever of his being the person; I am positive the prisoner is the person.
Cross-examined by MR. PHILLIPS. Q. Are you in the habit of going to bankers to receive cheques? A. At times, as gentlemen employ me who have counting-houses, but very seldom for gentlemen in the street; I went as quick as I could - I was at least twenty minutes or a quarter of an hour at the bankers'; I left there I think at a quarter or twenty minutes past four o'clock - I have at times been kept waiting while others are served, but there was nobody else there; I felt awkward at first at being the bearer of a suspicious cheque - I was, of course, anxious to find the person I received it from; I was once trusted with a cheque on Esdaile's, for 120l., nearly two years ago, by a person I never saw before - he gave it to me in the street, but I was to carry the money to a counting-house, which I did; I had been employed at that counting-house before, but never saw that person. I will not say whether I told Mr. Gates I believed I should know the person again; when I was waiting in his office the last time I knew it was for the purpose of recognizing the person from whom I received the cheque, if I saw him - I have not seen any of the other persons here who came in, but Mr. Gates and the man who came in last - that was the marshalman; I did not know him to be a marshalman - he was not tall: I have since heard his name is Forrester; I have seen several of the other gentlemen who came in - I do not know their names; they went before the Grand Jury - I did not notice whether they came into the room singly or not; I notice the prisoner coming in with Forrester - they came in together, apparently in company; I did not notice whether the other gentlemen came in singly or together.
MR. BODKIN. Q. Had you, on the day in question, uttered a cheque for any body but this one? A. I had not - I had my porter's badge on; Forrester was dressed in ordinary clothes, not in uniform: I have heard he is an officer - I did not know he was a marshalman; when I was called into Mr. Gates' private room, I told him I recognized the prisoner.
COURT. Q. Was that in his hearing? A. No, he was not present; I was told nothing about the order in which the persons would be brought in.
Q. Did the people who came in, remain in the office, or pass through into another room? A. Some remained, and some went into another room; the prisoner remained in the office a while, and Forrester with him - he was called in afterwards: they might remain there a quarter of an hour or ten minutes - I told Mr. Gates I had seen the person before they went into the inner room; I believe there were two or three besides in the office - they did not appear to be clerks.
JOHN MASSEY . I am a clerk to Messrs. Lloyd's. On the 26th of July I went out with Gardner to Mark-lane, to look for a person, but could not find him - I have frequently paid cheques drawn by Shoolbred and Co.; had this cheque been presented to me for payment under no circumstances of suspicion, I certainly should have paid it- I have no knowledge of the signatures of the partners singly, but a general knowledge of the signature of the firm.
Q. You say the prisoner left about ten o'clock on Monday morning - did he return that day? A. He did not - he should have done so in the course of his duty; he did not return till about four o'clock on the Tuesday; he was then taken up stairs by the officer, accompanied by myself - when I took him up he said, "What is this for?" I said a forged cheque had been presented at our bankers, and that he was suspected to have something to do with it, or was concerned in it; he said, "Do you miss a cheque from your cheque-book?" I told him I had not any thing to say about what was missed - that he must go with the officer; I had looked at my cheque-book, and did not miss a cheque; I then asked why he did not return home the evening before, as he knew the importance of bringing the statements, and our anxiety to balance up all our accounts - he replied that he had more to do then he could manage, and continued at it so late in the evening, and was so fatigued, that he slept in the City, to be there early in the morning; he did not name the City, but his business was in the City - he inquired at what hour the cheque was presented; I replied that he must go with the officer, and did not answer him - I afterwards went with him in custody to Mr. Gates' office: he there made a statement how he had been employed the day before - that he had been at a friend's (named Capes) house, in Panton-square, from about two o'clock. I think, till about four - I am not sure whether he said four or five.
Cross-examined by MR. PHILLIPS. Q. I believe you have a clerk named Powell? A. Yes; I never heard that my mother or sister ever mistook the prisoner for Powell, or Powell for the prisoner; there is certainly no resemblance - my mother is very aged, and might perhaps have done so; other clerks have also filled up cheques - I have heard that His Majesty reviewed some troops on the day in question; I should certainly have been very angry if he had gone there instead of attending to business - I do not know that I should have dismissed him: it is possible: he was about a month in our service - I did not know him before.
GREGORY COOK . I am in partnership with Mr. Shoolbred - the signature to this cheque is not in my handwriting; I have seen the prisoner write frequently - the body of the cheque in my opinion is in his hand-writing(looking at a letter) - I cannot identify this hand-writing.
JURY. Q. Did the prisoner always fill up the cheques? A. Yes; I or my partner are always in the way, and the cheques are generally brought to us to sign, by one of the junior clerks, or any body who happened to be in the way - I never remember their remaining a day or two without being signed.
COURT. Q. Do you ever remember their being an hour or two without being signed? A. No, my Lord; I sometimes sent him verbal instructions to fill them up, and sometimes gave them personally; we have two other clerks - the prisoner was there in Powell's absence, as he was ill; Baker and Anderson were the other two - if either of them had told him they came from us for a draft, he would fill it up - the cheque-book was in his keeping; there was no occasion for a cheque of this amount to be drawn.
JOHN EDWARD POWELL . I was in the prosecutors' employ. I knew the prisoner in their service, but not before he came - I believe the body of this cheque to be in his hand-writing; I have every reason to believe so - there is a peculiarity in his writing; I did not give him directions to fill up such a cheque.
Cross-examined by MR. PHILLIPS. Q. Will you have the kindness to take off your glasses, and turn towards the Jury (he does so), was there a clerk named Anderson in the employ at that time? A. Yes, he is not here - there was also a young man named Deer; I am about five feet seven inches high, I should think - I am rather taller than the prisoner; there is not above an inch between us.
MR. BODKIN. Q. Were you in Fenchurch-street that day? A. No.
MR. PHILLIPS. I do not mean the slightest imputation on the witness.
HARRY BARKER . I am a clerk to the prosecutors'; I went after the 9th of June - I was in their employ while the prisoner was there, and have had frequent opportunities of seeing him write - I consider the words "July 26, 1830, Mr. J. Smith, Ninety," to be his hand-writing - I was not in the prosecutors' service on the 26th of July.
Cross-examined by MR. CLARKSON. Q. You came into the service on the 29th of June? A. No. I was there eight days up to the 29th of June, and after that went temporarily, I should think, six times - I was there the day the prisoner was taken; I had no knowledge of him till he was there - I first saw the cheque the day after his apprehension, at the Mansion-house; I did not know what he was charged with till the cheque was shown to me - I then said I believed it was his hand-writing; I then guessed he was there on that charge; I do not believe any of the servants of the house knew the charge, except the principals - there are three clerks generally, and about forty shopmen.
Cross-examined by MR. PHILLIPS. Q. He was in your custody at Mr. Gates'? A. Certainly; there were about five gentlemen in the office - Mr. Shoolbred, Powell, and two or three of Mr. Gates' clerks; I went in along with the prisoner - he walked a little way before me; I had
MR. BODKIN. Q. Were you dressed like other persons? A. Yes; there was nothing to show that I was an officer, or that he was in custody.
COURT. Q. How long have you been an officer of the City? A. About fourteen years.
Prisoner's Defence. On the 26th, on arriving at the prosecutors', I did not consider myself in their employ, as their clerk had returned nearly a fortnight - I had given up all the accounts and cheque-book, which book was always on the desk, and any body had access to it; I merely went that morning out of compliment and to thank them, more than any thing else - it was known by every one in the establishment that I went to the review in the park; I there met my brother-in-law, my sister, and my wife's sister - after the review I called at a public-house for refreshment, and went to Mr. Capes', Panton-square; I there lunched, and as their dinner hour was three they pressed me to stop - I was there till the bellman rang, which was after five o'clock; on the Tuesday morning I went about the business which I should have done on the Monday, collecting the statements, and was accompanied by my brother-in-law - after going to sixty or seventy houses I returned to the prosecutors', after five.
MR. SHOOLBRED re-examined. Q. Had he discontinued his service on the 26th of July? A. Nothing had passed, except a few days before, he had said, "I suppose you will not require me any longer?" I said we had little occasion for him, but it would be a recommendation for him to stop, that he could say he had been stopping with us till he could get a situation, and he remained.
SIMON STRIDE . I am a bootmaker, and live in Great Charlotte-street, Blackfriars-road. I have known the prisoner about three years - we were in partnership for two years; I had frequent opportunities of seeing him write, on an average two or three times every week; our partnership dissolved on the 25th of February last - I have seen this cheque before, and do not believe it to be his hand-writing.
MR. BODKIN. Q. It is not like it, is it? A. I do not think it bears the character of his handwriting either generally or particularly; if I was asked, without knowing any thing of the circumstance, I should say I did not know any thing of the hand-writing - I do not think it like his writing, I think he writes bolder than this: the general character of his writing is a bold free hand - this is not like his hand-writing; I can only say it is so unlike his, I should not take it to be his - I saw the cheque in Mr. Gates' office; I went there by request of the prisoner's friends - I stated so to Mr. Gates; Mr. Gates said he did not know why he should not ask my opinion at the time - I said I had no objection, and told him my opinion; I am not in business now - I have not seen him write since the 25th of February.
THOMAS NICHOL . I keep a ready-made linen warehouse in St. James'-street. I have known the prisoner thirteen or fourteen years - he was formerly a clerk at Dew, Turner, and Co.'s, Newgate-street, with me for six or seven years; I saw him write daily - I have seen this cheque before, and do not believe it to be his handwriting.
MR. BODKIN. Q. How long ago is it since you were fellow clerks? A. About six years; I have frequently seen him write since - I saw him write about twelve mouths ago; I do not think it resembles his hand - the cheque is a much stronger bolder hand.
JOSEPH CARTER . I am an accountant, and live in Bread-street, Cheapside. I have known the prisoner about six years, and frequently seen him write; he was my clerk for four months, and left me three months ago; I had frequent opportunities of seeing him write for the last three years - I saw this cheque at Mr. Gates' office; my opinion is, that it is not the prisoner's writing.
MR. BODKIN. Q. In what respect do you think it different? A. I think the formation of all the letters different, except the letter P, which occurs only once - that certainly bears a slight resemblance to his writing; I think he writes an uncertain hand, sometimes bold and at other times weaker - I do not think him a skilful penman.
THOMAS NICHOLS re-examined. On Monday, the 26th of July. I was at the review in Hyde-park - I saw the prisoner there about half-past twelve o'clock; I did not speak to him, as we were not on friendly terms - he was near the Foot Guards' barracks; the park was very crowded, and I should think it would take him about an hour to get to Panton-square.
COURT. Q. Would it take three-quarters of an hour to get out of the park? A. I should think it would, it was so crowded - the roads and avenues were crowded.
GEORGE CAPES . I am a tailor, and live in Panton-square - I have known the prisoner about two years. On Wednesday, the 26th of July, he came to my house between one and two o'clock - he told me where he had been, and that he had seen a person who is here; he staid at my house, in my presence, till half-past four - I then went to my shop, leaving him in the drawing-room with my wife; he dined with us about half-past three - I attended at the Mansion-house to give evidence if the Lord Mayor had thought proper.
MR. BODKIN. Q. Did you answer the door yourself when the prisoner came? A. No; the servant who did is here; it was her duty to ring the bell for me, which she did, and I found him there; I did not look at my watch - I cannot say whether it was nearer one than two o'clock - he also lunched with us about two; I am certain I left him with Mrs. Capes long after four, and that it was on the day of the review, the 26th of July; our nurse, Hannah Stowe, saw him there.
MARTHA CAPES . I am the wife of the last witness. The prisoner came to our house, between one and two o'clock, on the Monday of the review - he lunched and dined with us, and sat with me till about twenty minutes past five.
NOT GUILTY .
Before Mr. Baron Bolland.
NOT GUILTY .
Before Mr. Justice Bosanquet.
NOT GUILTY .
NOT GUILTY .
First London Jury, before Mr. Recorder.
THOMAS COLSTON . I am shopman to Richard Kipling , of the Poultry . On the 30th of July the prisoner came into the shop with another young man; his companion asked for a silk handkerchief; I was behind the counter serving him, which took my attention, but I saw the prisoner take the handkerchief, and put it into his pocket; it was on the counter close to him; I laid hold of him, and charged him with the theft; he denied it; I drew the handkerchief out of his pocket myself; his companion immediately walked off, without waiting for the handkerchief I was serving him with; the prisoner said he had bought it; he had not asked for one himself.
GUILTY . Aged 19. - Transported for Seven Years .
CLARKE WINCHESTER . I have a warehouse in Dean-street, Fetter-lane , and live in Gray's Inn-lane. On the 6th of September the prisoner applied to me for work, and came at ten o'clock in the morning on the 7th; he told me my young man had left 1l. 14s. for umbrella-sticks; I saw the money in his hand; there was a sovereign, five half-crowns, and a sixpence; I delivered that money to him, and told him to get two sacks from my private house, and to purchase the umbrella-sticks for me - he went out, and never returned - I found him at St. Andrew's workhouse on the 13th of September, and gave him in charge; I was obliged to send more money for the sticks, as he never brought them.
Prisoner. He did not give me the money himself.
Witness. I did not give it to him, but saw it in his hand; I have not seen sacks or money since.
WILLIAM HENRY BEYNON . I was in the prosecutor's employ. On the 7th of September, about ten o'clock, the prisoner came and said he had met master, who had promised him a job; he apologized for coming so late - I told him there was 1l. 14s. to fetch umbrella-sticks - I laid it down, and went out - I did not see him take it up - he never returned.
MARY ANN SAMPSON . I live in Gray's Inn-lane, in the next room to Mr. Winchester, and I was in his room when the prisoner came and asked for two sacks to go for the sticks; I saw them delivered to him on the morning of the 7th of September.
GEORGE FLETCHER . I am a hair-dresser. I saw the prisoner at the workhouse - Winchester charged him with stealing two sacks and the money - I heard him say he was sorry for it; he had done it, and it could not be helped - I took him to the Compter.
The prisoner put in a written Defence, stating that he had got intoxicated, and lost the money and sacks.
GUILTY . Aged 20. - Transported for Fourteen Years .
WILLIAM WENMOUTH. I am a joiner , and live at Hoxton New-town. On the 20th of August, I was at work at Mr. Hall's, Gutter-lane, Cheapside - I went out for refreshment between twelve and one o'clock, leaving these tools, among others, in the shop - I returned at one, and found the prisoner (who was a stranger) in custody with them - he had no business in the shop.
JAMES COX . I am a porter, and live in Gutter-lane - I was at my door, and saw the prisoner about fifty yards from Mr. Hall's - I saw him go into Hall's shop, and come out with these two tools; I walked about ten yeards nearer the shop as he went in, and when he came out, he came towards me - I secured him, and gave him in charge, with these tools in his apron.
The prisoner put in a written Defence, stating that he had called at the shop to inquire for work, when a man in the passage sent him to a public-house to see the time, and then gave him the tools to take to the public-house; he pleaded distress.
GUILTY . Aged 22. - Confined Six Months .
NEW COURT. TUESDAY, SEPTEMBER 21.
Third Middlesex Jury - before Mr. Common Sergeant.
GUILTY . Aged 40. - Confined Six Months .
1662. GEORGE HARBROE was indicted for stealing, on the 24th of April , 1 pair of boots, value 18s.; 1 pair of shoes, value 9s.; 1 pair of trousers, value 6s.; 1 waistcoat, value 4s., and 2 coats, value 1l. , the goods of John Kemp ; to which he pleaded
GUILTY . Aged 21. - Transported for Seven Years .
1663. JAMES LEACH was indicted for stealing, on the 3rd of August , 2 spoons, value 6d.; 1 salt-holder, value 6d.; 2 brushes, value 1s., and three knives, value 1s. , the goods of Sarah Harding ; to which he pleaded
GUILTY . Aged 16. - Transported for Seven Years .
1664. EDWARD HILL was indicted for stealing, on the 26th of August , 5 silver spoons, value 1l.; 2 seals, value 18s.; 1 necklace, value 1l.; 1 ring, value 2s., and 1 pair of spectacles, value 3s. , the goods of William Varrell
WILLIAM VARRELL. I am a journeyman baker . On the 26th of August these articles were together in a little drawer; my wife kept the key of it - the prisoner is my wife's brother - I cannot tell when they were taken, but on the 26th of August I found the spectacle-case, and this
ROBERT SMITH . I took up the prisoner - he said he was innocent of the crime, so help him God - I found these things on him at the watch-house - he denied all knowledge of them; the prosecutor was by at the time.(Property produced and sworn to.)
Prisoner. I leave it to the mercy of the Jury.
GUILTY . Aged 22. - Transported for Seven Years .
1665. HENRY HALL was indicted for stealing, on the 1st of September , 1 pair of trousers, value 5s.; 1 waistcoat, value 10s.; 1 gown, value 5s.; 1 apron, value 6d., and 1 handkerchief, value 6d. , the goods of Lucy Davis .
LUCY DAVIS . I am a widow . On the 1st of September this property was taken from my drawer - I missed it about twenty minutes before two o'clock in the day - I had opened the street door, and left it a-jar, and my parlour door also - I went down to finish washing my hands, and heard a noise, as if a Pembroke table was thrown down; I went up and saw the prisoner, who was trying to make a rush out; I was startled at the moment, and as soon as I recovered I asked what he wanted - he said Mrs. Jones - I said I had no Mrs. Jones there, and what business had he at the table - he said he had not been there - I asked why he did not knock at the door, and he said he had - he then went out, I turned and saw these things on the sofa - I went to the street-door, and asked the witness if he had seen him; he said he had seen him - I had seen these things safe about an hour before; the drawer they were in was not in the table.
Cross-examined by MR. PHILLIPS. Q. How many persons are there in your house? A. Four separate lodgers; I have no servant; I had been in the room about two moments before - I had never seen the prisoner before; I lost nothing; it was the third drawer which was opened, and these things were taken from it; I suppose it did not occupy a second.
THOMAS RUDD . I am a green-grocer, and live in Weymouth street , where the prosecutrix lives - I have the shop, and she has the rest of the house - on the 1st of September I saw the prisoner come out of the door - he came not very fast - the prosecutrix then came to the door and asked if I had seen the man come out - I went after him, and at the corner of Little Marylabone-street I saw him; I had lost sight of him after he left the house, but I am sure he is the same person - I went down the street and saw him cross into Great Welbeck-street - I there caught him, and asked him to walk back; he began to abuse me, and asked what business I had to say any thing to him; and how dared I to interrupt him, and if I did not go back he would knock me down - I do not know whether he meant to strike me, but he put up his arm - I stood aside, and he ran - I followed, crying Stop thief! and some persons stopped him in Little-Welbeck-street.
Cross-examined. Q. I believe he was searched? A. Yes, and nothing found on him; I did not take hold of his collar - I am certain he is the man.
Prisoner. It is of no use my saying any thing, as he swears I am the person; I deny being near the house - I was not in the street at all; the man came and asked me to go back to speak to the lady - I said no person wished to speak to me.
GUILTY . Aged 19. - Transported for Seven Years .
SARAH ROBERTSON . I am the daughter of Charles Robertson , of Francis-place, Westminster . On the 26th of August we missed a great many things, and among the rest this towel and piece of linen - I had seen them the week before: these articles were in the laundry - the prisoner was employed to mangle; when she was taken she said the things were ours.
JOHN SHEEN . On the 26th of August the prosecutor came to me, at nine o'clock at night, and told me to go to the prisoner's lodgings: I went there and found these articles - the prosecutor was with me and knew them; I took the prisoner and the articles down to the watch-house - she said before the Magistrate, that she took them to get some grub or something of that kind; she acknowledged to picking out the mark of one of them before the Magistrate.
Prisoner. He was very much in liquor. Witness. I was not.
The prisoner put in a written defence, pleading poverty.
GUILTY. Aged 57.
Recommended to Mercy . - Confined One Month .
JOHN THOMAS COX . I am a bookseller , and live in Red Lion-street, Holborn . On the 8th of September I saw the prisoner take this book from a shelf inside the window, and walk from the window - I followed and took it from him.
Prisoner's Defence. I took up the book - I looked at it two or three minutes; I placed it under my arm, and looked at another - I meant to bring this one in and ask the price, but I put down the other and forgot the book under my arm; I walked away, and it fell down - I took it up, the prosecutor came and said I had not paid for it: I had but 9d. - he said it was 2s. 6d.
GUILTY . Aged 29. - Confined One Month .
1668. JOHN PRIME was indicted for stealing, on the 1st of March , 1 wooden partition, value 30s.; 1 iron grating, value 5s.; 1 leaden gutter, value 30s.; 500 bricks, value 30s.; 50 tiles, value 4s., and 1 pair of shutters, vaCharles Wright , and fixed to a building of his .
CHARLES WRIGHT . I live at Enfield-highway. I had a house in Chapel-street, Spitalfields - the prisoner applied to take it, and referred to a person at Islington; I saw him again in a few days, and told him he should not have it - I came to town again four or five days before Midsummer last year; I found he had been to the neighbour, got the key, and taken possession - I went to him; he said my rent should be sure as the day came due - I let him abide: he left my premises on the 1st of March last - I went soon after, and found the articles stated gone; there was a partition that divided the two cellars, the grating, the bad from the gutters, two window-shutters, the bricks and tiles from the wash-house: I have never seen them since.
Cross-examined by MR. CHURCHILL. Q. How long did the prisoner occupy the house? A. From the latter end of May till the 1st of March; all I got for rent was four guineas - the value of these things was from six to eight pounds; he asked me if I should have any objection to his making improvements - I said I could have no objection to that; he said he was going to make a place to put scaffolding boards in - I never saw him making alterations; I did not say he might make what alterations he pleased - he said he was going to make a shed in the yard; he let the house out in lodgings.
JOHN COLLINS . I am a basket-maker. I lodged in that house - I saw the prisoner pull up the grating over the area, pull the partition down, and take the bricks away; I did not see him take down the shutters, but he made a show-board for his son with the partition, to put out in the street - it was taken from the premises, but I do not know who took it; the bricks were taken away by the prisoner, in a basket, and lifted on a labourer's shoulder - I do not know when the shutters went, but I think they were gone before; the prisoner lived there till March, and the things might have gone a month or two before - in my judgment the removal of these things could not have been any improvement.
Cross-examined. Q. It might be a month or two before he left? A. Yes - the bricks were removed between seven and eight o'clock in the morning; the partition was pulled down in the middle of the day.
WILLIAM WARE . I am a bricklayer. I repaired the house before the prisoner went in; I saw it after he was gone - the grating was then up, the partition down, and the chimney in the wash-house down, the tiles of the wash-house partly off, and the gutter gone.
NOT GUILTY .
1669. JOHN PRIME was again indicted for stealing, on the 24th of June , 6 boards, value 3s.; 1 dresser, value 3s.; 3 shelves, value 1s.; 2 doors, value 1s.; 100 bricks, value 3s., and 1 piece of stone, value 1s., the good