EIGHTH SESSION, HELD AT JUSTICE HALL, IN THE OLD BAILEY, ON THURSDAY, THE 28th DAY OF OCTOBER, 1830, AND POLLOWING 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 James Allan Park , Knt., one of the Justices of His Majesty's Court of Common Pleas; Sir William Garrow , Knt., one of the Barons of His Majesty's Court of Exchequer; Sir James Shaw , Bart.; Sir Charles Flower , Bart.; Joshua Jonathan Smith , Esq.; Sir Claudius Stephen Hunter , Bart.; Christopher Smith , Esq.; Robert Waithman , Esq.; Matthias Prime Lucas , Esq.; Aldermen of the said City; Newman Knowlys , Esq.; Recorder of the said City; Charles Farebrother , Esq.; Henry Winchester , Esq.; and William Taylor Copeland , 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. - EIGHTH SESSION.
Second London Jury, before Mr. Sergeant Arabin.
1841. SAMUEL BOHLEM was indicted for stealing, on the 11th of October , at St. Ann and Agnes , 4 sovereigns, 1 half-sovereign, 3 half-crowns, and 8 shillings, the monies of James Bishop , in his dwelling-house , to which he pleaded
[Friday, Oct. 29] GUILTY- DEATH . Aged 18.
The prosecutor and two witnesses gave the prisoner a good character, and the prosecutor recommended him to Mercy, on account of his youth, and believing it to be his first offence .
1842. STEPHEN BIRD was indicted for stealing, on the 18th of October , at St. Michael, Wood-street, 2 watches, value 11l.; 2 watch-chains, value 20s., and 4 seals, value 1l. 5s., the goods of Esther Goddard , in her dwelling-house .
ESTHER GODDARD . I keep the Pewter Platter public-house, No. 107, Wood-street, in the parish of St. Michael, Wood-street - the prisoner lodged in my second floor back room for about five weeks. On Monday, the 18th of October, I missed these two watches at twelve o'clock at night - I expected the prisoner home that night, but he did not come; I had all the persons in the house up, but nothing was found on any of them - the prisoner came home at half-past five o'clock on the Tuesday evening; I sent for an officer, and had him taken - the watches were found; I missed one of them from a drawer in my bed-room, and the other from a table in the bed-room.
Cross-examined by MR. CLARKSON. Q. Are you a widow? A. Yes; I am quite sure I did not charge two other men with this - they were searched because they were lodgers - I do not know their names; I know the names of my regular lodgers - I have four regular lodgers, and had two casual ones that night; they were all searched on this subject about an hour after I missed the watches - the lodgers are not here: the watches were in my bed-room, which is the back room on the first floor; the prisoner occupied the second floor back room - there was as much access to my bed-room for the casual lodgers as for others; I had seen the watches at half-past seven o'clock in the morning, and missed them at twelve at night, when I went to bed; to the best of my knowledge my bed-room was kept locked - it is my dwelling-house; I have a lease of it - I do not recollect the gentleman's name to whom I pay rent, just now- I have had the house two years; I pay half-yearly - my husband took the house a year and a half before he died: we took it from Mr. Greaves, who had the house before - I think the landlord's name is Wickers; he did live in Aldersgate-street, but he comes for the rent - my husband left no will; I have not administered.
Cross-examined. Q. How often have you seen him before? A. Never before; if I took particular notice of a person to-night I could swear to him to-morrow - I have the two duplicates, for I left the shop after giving him the money, and when I came back he had left his duplicate on the counter; it is in the name of John Durant - I saw him on the Wednesday or Thursday following; I swear to him without any hesitation, from a conversation I had with him.
Cross-examined. Q. You knew him before I dare say? A. No, Sir, I did not - he did not leave the duplicate with me; it was between two and four o'clock in the day, to the best of my recollection; my shop is about half a mile from Mr. Peachey's.
Cross-examined. Q. Where did you get this one from? A. From my husband; I have not administered to his effects - I have nothing to administer to; when my debts are paid I have nothing left - my husband has been dead six months.
COURT. Q. They were yours? A. Yes, and I might have disposed of them as I pleased.
Prisoner's Defence. There were four or five strangers in the house; I happened to be out that night with some friends - I was in the habit of going past the bed-room door, but I am innocent of taking these things.
STEPHEN WHITAKER. He bought this ring of me, I am positive of it, at the time he pawned the watch, and a waistcoat and handkerchief at the same time; I deducted the value of them from the watch; he picked this mourning-ring out of the window, and then the waistcoat and handkerchief - I gave him 3l.0s. 6d.
[Friday, Oct. 29] GUILTY - DEATH . Aged 27.
First London Jury, before Mr. Recorder.
1843. JAMES STURMAN was indicted for feloniously breaking and entering the dwelling-house of Joseph Thomas Grey , on the 23rd of September , at St. Catherine Creechurch, alias Christchurch, and stealing 1 ring, value 20s.; 1 seal, value 30s.; 1 watch-key, value 10s., and 1 watch-ring, value 10s., the goods of the said Joseph Thomas Grey .
JOSEPH THOMAS GREY. I am a jeweller , and live at No. 68, Leadenhall-street, in the parish of St. Catherine Creechurch - I rent the whole house. On the 23rd of September, about half-past five o'clock in the afternoon, these rings, seal and key were in the shop window, which was closed; I was called down stairs by my man, who is here - I found the shop window broken, which I am certain was whole before I left the shop; I had been up stairs about half an hour - in about five minutes my young man brought the prisoner into the shop, charged him with breaking the window, and stealing these goods; the prisoner made no answer - the goods were produced; he was a perfect stranger to me.
WILLIAM WORCESTER . I am in the prosecutor's employ. On the 23rd of September, about half-past five o'clock in the evening, I sat in the shop, close to the window, with my face towards the street, and saw the prisoner come from the edge of the curb-stone; he shoved his hand and elbow through the window; I am sure the rings, seal, and key were in the window at that time, they were attached together - after he broke the window, he put his hand in and took some things out; some things fell on the pavement, and some he took away in his hand - I opened the door, ran out, and laid hold of him about a dozen yards from the shop window; I brought him back into the shop - I did not see him drop the ring myself; I am sure I saw him take something from the window, and informed Mr. Grey; the officer searched him - I saw a seal, a split ring, and key found in his trousers pocket; I am sure they were in the window before he broke it - two rings were gone; they were produced while he was in custody.
GEORGE FOSTER . I live next door to Mr. Grey, and am a stationer. I heard a window break, and on going out found it was Mr. Grey's; the prisoner was then being taken in at the door, and I saw a ring fall from him at the door, as he was trying to put it into his trousers pocket, in which the other articles were found; he was a perfect stranger to me - I picked it up.
WILLIAM PLAISTOWE . I am a constable. I was sent for, and took the prisoner; I searched him, and found the split ring, the seal, and key in his trousers pocket - he had no money, and I believe he was in great distress.
WILLIAM WORCESTER. These are my master's property, and here is a piece of the plate glass of the window.
MR. GREY. These articles are mine, and worth 3l. 10s.
Prisoner's Defence (written). My Lord and Gentlemen of the Jury, - The piece of pointed iron described. This was not stated in the evidence. and now produced, which was taken out of my waistcoat pocket, together with several other trifling things, is no more than a common centre-punch, and is an instrument which I have occasion to use in my trade, and which accounts for its being found in my possession; any mechanic, or other gentleman in Court, who may think proper to inspect it, can certify the use of it, and that it is not an instrument (as represented) intended solely for the purpose of committing depredation, or assisting me in committing the alledged offence I now stand charged with - had I have used the said instrument to have broken the window, I should have run great hazard in cutting my hands, which was not the case, as there was not even a scratch to be found on my person, and I do humbly beg to state the breaking of the window was quite accidental, owing to my foot slipping, which threw me up against it, when unfortunately my shoulder broke the glass; I therefore trust the above statement will be sufficient to convince your Lordship of my innocence - I humbly beg to state to your Lordship it is the first time I was ever charged with any act of dishonesty, or any other branch of the family, which is respectable; my father, John Sturman , was a respectable tradesman for forty years in the Minories, as can be proved by Sir Charles Flower,(late Lord Mayor), - Lermitte , Esq., and numerous other gentlemen of the City of London, and never had a blemish on my name until the crime I now stand charged with, which, I am sorry to say, has brought disgrace on an innocent wife and family, who are in the greatest distress, owing to my confinement; I also beg to state I have been out of employment for some time through the loss of my hearing and the badness of trade, which has reduced me to the greatest distress, as can be proved by Mr, Greening, at No. 35, St. John-street, Bethnal-green, and many others, where I have lived - I humbly trust the above statement, together with my character for from twenty to thirty years, having up to the present unfortunate occurrence been unblemished, which can be proved by the undermentioned respectable gentlemen, with whom I have been severally employed for the periods herein stated: - Tilson, Esq., Wellclose-square, nine years and upwards; Mr. Welland, Whitechapel, five years and upwards; - Peachy, Esq., Regent-street, near five years; Sir John Rainie, Holland-street, near two years; - Bramah, Esq., Pimlico factory, two years; Messrs. Masterman's, No. 38, Broad-street, Ratcliffe, between two and three years; and Mr. Paine, Earl-street, Blackfriars, two years and upwards: I therefore humbly beg to throw myself upon your Lordship's humanity and kindness, and trust the above statement will be a sufficient proof of my innocence, and that you will deal as lenient as possible, and once again restore me to my afficted wife, who is in the greatest distress.
Seven witnesses gave the prisoner a good character.
GUILTY- DEATH . Aged 38.
Recommended to Mercy by the Prosecutor and Jury, on account of his good character .
1844. JOHN GRANT was indicted for feloniously and burglariously breaking and entering the dwelling-house of Thomas Hutchon , on the 18th of October , at St. Stephen, Coleman-street, about two o'clock in the night, with intent to steal, and stealing therein, 4. yards of linen cloth, value 4s. 6d.; I table-cloth, value 5s.; 20 knives, value 20s.; 43 forks, value 21s.; 1 ink-stand, value 5s.; 1 scent-bottle, value 7s.; 2 cruet-tops, value 2s.; 3 spoons, value 10s.; 1 optical-glass, value 5s.; 2 pairs of spectacles, value 12s.; 1 pen-knife, value 4s.; 1 other pen-knife, value 4s.; 1 seal, value 8s.; 4 silver labels, value 2s., and one ivory book, value 3s., his property .
THOMAS HUTCHON. I live at No. 16, Finsbury-circus, in the parish of St. Stephen, Coleman-street , and rent the house. I was at home on the night of the 18th of October- I do not think I was the last person up; I went to bed between ten and eleven o'clock - the fastenings were all
WILLIAM SABINE . I am in Mr. Hutchous' employ. I went to bed at half-past ten o'clock; the house was then quite safe - the shutters were fastened with an iron bar; I got up a few minutes before six, as usual - it was not light then; I suspected nothing - I got down stairs a few minutes after six, with the plate, which is kept in my own room at night; when I got towards the kitchen stairs I saw a glare of light, and as I entered the back kitchen I found the window wide open, and the shutters also - the bar laid on the dresser under the window; it was bent, and so became shorter, and came out - great force had been used; I went and opened the front kitchen window, and found every thing strewed about; the house had been rifled - I rang all the bells to alarm the family, but could make nobody hear for some time; I did not like to leave the back kitchen, and rang the bells again, hallooed up stairs, and presently I heard my fellow-servant calling out that the bottom of the house was broken open, and in two minutes all the persons in the house came down to my assistance - I sleep in the back garret; I went into the parlour, and almost every lock there was broken open; I went up to the garret, as I had heard footsteps going up stairs - I called out, but received no answer; I was certain somebody was in the house, but nobody would believe me - I went up to the bed-room, and saw a man's leg under my bed; I closed the door, and kept him in till master's nephew came to my assistance; I then opened the door, and said, "Here you are, come out;" the prisoner was under the bed I had slept in - he could not have been there when I left my room; he must have come from another room - he was loaded with master's property; all the articles stated in the indictment were about him; I got a constable, and he was secured - it was day-light out of doors when I came down, but not sufficient for me to do my work without a candle; it would take a considerable time to ransack the house-I heard him say in the parlour, in the presence of us all, that he had been three hours in the house; nothing was said to induce him to state that.
HENRY CORSE . I am a constable. I was sent for, and took charge of the prisoner; neither threat nor promise were held out to him - he told me he had entered the house about two o'clock in the morning; I produce the property.
Prisoner's Defence (written.) I throw myself on the mercy of my God and the Court; I have suffered severely through poverty prior to the time the crime of which I am accused of was committed - I was religiously and morally brought up, and at one time possessed property, but through unforeseen circumstances was deprived of it, since which I have held three respectable situations; I have brothers and sisters respectable in society, whom I am anxious to screen from the infamy attached to me - prior to the present charge my only crime was poverty; not expecting or seeking mercy from my prosecutor, I now only seek of my God and the Court for that mercy which it may consider me entitled, for which, as in duty bound, I ever shall pray.
[Oct. 29.] GUILTY- DEATH . Aged 29.
Recommended to Mercy by the Prosecutor, from motives of humanity .
Second London Jury, before Mr. Baron Garrow.
East India Company.
No. 372. To the Cashiers of the Bank of England.
You may pay to Messrs. Goodhall and Seally, or bearer, six hundred and fourteen pounds, to disburse and to account.
Per order. - Committee of buying and warehouses.
London, the 6th of October, 1830.
Witness, JNO. MASTERMAN.
C. Mortimer, Treasurer. B. EDMINSTONE.
London, the 6th of October, 1830. - Received the contents of the within warrant. H. H. GOODHALL.
2nd COUNT, that he, on the same day, feloniously did utter a certain forged warrant, for payment of money, as follows - (warrant and receipt set out as before) - with intent to defraud the Governor and Company of the Bank of England, he well knowing the same to be forged; against the Statute, &c.
3rd COUNT, offering to one Luke Evans, the said forged warrant, he knowing it to be forged, with the same intent.
THREE OTHER SIMILAR COUNTS, stating the intent to be to defraud the United Company of Merchants of England trading to the East Indies , only in the sixth Count for offering, &c.; the receipt was set out as follows:-
Received the contents of the within warrant. H. H. GOODHALL.
J. WITHAM, East India House, No. 4, Church-row, Lon-street.
SIX OTHER COUNTS, the same, only calling the forged instrument an order instead of a warrant for payment of money, and setting out the instrument with the receipt, as in the first Count.
TWELVE OTHER COUNTS, the same, only omitting the receipt at the bottom of the forged instrument.
MESSRS. ALDERSON and BULLOCK conducted the prosecution.
WILLIAM LUKE EVANS . I am a clerk in the public drawing office in the Bank of England. On the 8th of October, about half-past nine o'clock in the morning, the prisoner appeared at the counter of the office, with an East India Court warrant in his hand, and presented it for payment; this is the paper which he brought, (looking at it)
COURT. Q. Did you infer symptoms of impatience, or did he express any impatience? A. He did; he said it was very unusual to detain him in that manner; he could not conceive the reason, and buttoning up his coat, he said, "I cannot possibly be delayed in this way; you must get the cash ready, and I will call again." When he offered to produce a clerk from the East India-house, I told him the document being in the hands of the principal of the office, I could not give him an answer, and he must wait Mr. Bryant's return - after observing that he should leave and call again, I told him from the circumstance of the document being under investigation, he must not entertain an idea of leaving till he had an answer from the principal - shortly after this Mr. Ormes, who bad gone away by Mr. Bryant's desire, returned with Mr. Goodhall, in whose favour the document is drawn.
Q. Had Mr. Bryant directed Ormes to go and make inquiry, in the prisoner's hearing? A. I cannot say - he brought Mr. Goodhall, and in the prisoner's presence Mr. Ormes told Mr. Goodhall the prisoner was the person who had presented the warrant in his name; Mr. Goodhall looked very gravely at him, and said he did not know him - he shook his head, and said he scarcely knew him; the prisoner then addressing himself to Mr. Goodhall, begged to be allowed to depart, and said to Mr. Goodhall, "If you proceed against me, you will ruin me." I then left them, and went to the chief cashier's office, and found Mr. Bryant there.
Cross-examined by MR. ADOLPHUS. Q. Did you know the prisoner before? A. I have no recollection of having ever seen him - I disputed all the signatures to the warrant; I knew the hand-writing of Mr. Astell and the other gentlemen purporting to sign it - the signatures are very close resemblances.
WILLIAM ORMES . I am a clerk in the drawing-office; I am the deputy principal in the office - Mr. Bryant is principal. On the 8th of October I remember the prisoner coming there - I did not hear the conversation between him and Evans in the first instance; I remember the paper being referred to Mr. Bryant, and then overheard Mr. Bryant question the prisoner as to the rectitude of the signatures; I suggested to Mr. Bryant, privately, the propriety of my going to the East India Company's warehouse, to know if Mr. Goodhall had authorised any body to receive that sum of money; the prisoner could not hear this suggestion - I went to the East India-house, and brought Mr. Goodhall back, and on confronting the prisoner with him, I said, "This is the person, Mr. Witham, who has presented the document," and asked if he knew him - Mr. Goodhall immediately disclaimed having seen him before, or having any knowledge of him.
Q. How came you to call him Mr. Witham? A. That name had been written on the back of the document; the prisoner then confessed that it was a forgery - his words were "I confess it is a forgery - I am ruined, and if the document can be destroyed, I would leave by the mail tonight, leave London, and never be seen again;" I then introduced Mr. Goodhall to the chief cashier - the prisoner remained in front of the office: I returned to him, and begged him to take a seat in the office, and there he remained till he was taken into custody.
Cross-examined. Q. Did he give you any account of the state in which he was? A. No.
HENRY HUMPHRY GOODHALL . (Looking at the instrument) I see my name written here, but it is totally unlike my signature; I know nothing of the name of Witham - I do not recollect having ever seen the prisoner till I saw him at the Bank that morning.
COURT. Q. You never delivered that paper to him, or gave him authority to receive any money for you, or to transact business connected with that paper? A. No, my Lord; (looking at another warrant) this is the genuine warrant of that week - I did not receive any other.
Cross-examined. Q. Does the signature on this paper so resemble yours as to deceive any body? A. Not at all- I sign "Hen. H. Goodhall;" the general character of the writing is not like mine at all.
CHARLES MORTIMER , ESQ. I am treasurer of the East India Company. A warrant of this description is prepared by the accountant-general, Mr. Lloyd, and after being prepared by his clerks, it is submitted to him for his signature; I see the name of Lloyd here - it is not his hand-writing, certainly; it is then sent to the Court, for the chairman or deputy-chairman to sign, with two other directors; here is the name of William Astell , who is the chairman - I should say it is not his hand-writing; it certainly is more like his than Mr. Lloyd's, which I should say decidedly is not his; it is a better imitation than Mr. Lloyd's- I believe it not to be his; the next signature is Masterman - he is a director; I do not believe that to be his.
COURT. Q. As far as you can form a judgment, do you believe all the signatures purporting to authenticate the document, to be forged? A. I do believe them all to be forged; my own name is not my writing, certainly - I authorised nobody to write my name; I never authorised any body to sign my name, as treasurer, in any case.
Cross-examined. Q. Is your name like or unlike your signature? A. Totally unlike it, quite a different character.
JOHN MASTERMAN . ESQ. I am a director of the East India Company. The signature purporting to be mine is not my hand-writing, and the signature purporting to be Mr. Edminstone's. I believe is not his hand-writing - I believe it not to be his signature.
MR. ASTELL. I am convinced it is not Mr. Edminstone's hand-writing.
EDWARD BRYANT. I told the prisoner I thought the signature of Mr. Mortimer was not his, but I would refer to the book which is kept for the signatures; the prisoner said it was all right for what he knew - I said it was not Mr. Mortimer's usual style of writing; he said Mr. Mortimer had been very ill - I said it was very strange that I had heard nothing about it; there is not sufficient authority for us to pay warrants unless they are signed by the chairman, or deputy-chairman, two directors, and endorsed by the treasurer or deputy-treasurer - Mr. Goodhall or Lloyd's signatures we do not look at.
MR. MORTIMER. I had been absent on leave about that time, but was not unwell.
THOMAS GOWER LLOYD . I am accountant to the East India Company. The signature to this document is not my hand-writing; the prisoner was an extra clerk in my office - we are directed by the Court of Directors, or by the several committees of the Court, to prepare warrants; they are commenced in my office - we keep these blank forms in the office; the clerks have access to the blank forms which are not stamped - this is not stamped; the prisoner has been in the office as extra clerk about five years; he had previously been in another department; my opinion is that the filling up of the warrant is in his hand-writing-I have not seen him write, but have seen documents which have been represented as his hand-writing.
COURT. Q. Have you transacted business on those documents which purported to be his? A. I have; persons in the office might obtain information as to what warrants Mr. Goodhall would be entitled to.
Cross-examined. Q. I presome, having been in another department, and coming to you, it was a promotion? A. It was - I have nothing to say against him.
Cross-examined. Q. What character has he borne during the time he has been in the East India-house? A. As far as regards my connexion with him, I always found him very respectful in his behaviour, and very willing to engage in his duty - he was in the habit of making out warrants coutinually from week to week.
ROBERT SMITHSON . I am a porter in the accountant's office. I remember seeing the prisoner on the morning of the day this took place, at half-past seven o'clock; he was in the accountant's office - he has a desk there; I saw him go into the compound which encloses this desk - he unlocked a drawer, and locked it again, as I suppose from the sound; I could not see him take any thing out.
Cross-examined. Q. Did he appear the worse for liquor, or as if he had not had his proper night's rest? A. He saluted me not in an ordinary way; he said, "How are you, Smith," and as he left the office he said he was devilishly bad.
Q. If you had been asked how he came to the office that morning, would your answer be, "I thought him rather tipsy, as if he had been drinking?" A. Not at the time, I should not.(The warrant was here read.)
Prisoner's Defence (written.) My Lord and Gentlemen of the Jury, - Overwhelmed as I am at the awful situation in which I am now placed, it would be unbecoming and unjust in me to deny the truth of the statement made by the respectable persons who have been obliged to come forward against me on this occasion; but, my Lord and Gentlemen, if in the merciful administration of justice, a crime committed under the influence of a disordered and distempered mind can receive a more favourable consideration than when committed by means of art and premeditation, I trust I am not asking too much in begging mercy at your hands. By an infatuation, which I now blush to confess, I had for some time past been addicted to drink, the effects of which rendered me at times completely insensible; it happened that on the Wednesday previous to my apprehension I had been induced to join some friends, and in their company became exceedingly intoxicated, by which means I was prevented attending my accustomed duty at the India-house - at night I went to my lodgings, and on the following morning, when the hour for going to business arrived I found myself completely unfit and unable to go out; on the afternoon of that day I began to reflect on the consequences of my absence from my business - I was aware I had no excuse to offer which ought to be accepted as an apology for my conduct, and I was satisfied my dismissal must take place; the contemplation of the disgrace of being discharged distracted me, and for relief, I again flew to drink, and to drown my distress, drank to such excess, that without knowing how or when I got there, I was found in a watch-house in Leadenhall-street, from which place, full of the liquor which I had taken, a heated and excited brain, and without rest, I went to the India-house; the fatal paper tempted me at the moment, and I used it in the manner proved - I am aware now (it is too late) of my fatal error, but in proof, my Lord and Gentlemen, of the truth of my assertion, that I acted from momentary impulse, and not from any preconceived or arranged plan, it will be evident that had I given a moment's consideration to that which I was about to do, I should not have presented a paper for payment which bore the signatures of persons totally dissimilar in their character from the genuine writings of those persons, and with whose genuine signatures I (from the situation I held) was aware the person to whom the document was presented for payment was well acquainted, from the fact of thousands of documents with the same names being presented to him; I, too, was no stranger at the Bank, and might, had I reflected, have known that by presenting the order myself, detection was certain, probably from the Bank clerks themselves, but unavoidably so when any persons from the India-house should he sent for: these circumstances, my Lord and Gentlemen, I humbly take leave to lay before you, in the hope that the justice which you are bound in the discharge of your duty to administer, may be tempered with the mercy which a wretched being now asks of you.
MR. ALDERSON. Q. In what state was he in when he left? A. Quite stupid and incapable of writing, I presume.
- PEMBERTON. I am clerk in the accountant-general's office, in the East India-house. I have known the prisoner three years; he has lately been given to drink, but bore the character of an honest man.
[Oct. 29.] GUILTY- DEATH . Aged 23.
Strongly Recommended to Mercy by the Jury, on account of his youth and previous good character .
First Middlesex Jury, before Mr. Sergeant Arabin.
1846. CAROLINE FITZMAURICE was indicted for stealing, on the 9th of October , at St. Pancras , 5 ladies' dresses, value 5l.; I cloak, value 5l.; 2 pairs of ear-rings, value 2l.; 1 brooch, value 30s.; 6 shifts, value 20s.; 7 petticoats, value 20s., and 1 scarf, value 10s., the goods of Jane Neary , in the dwelling-house of Lyon Levy ; to which she pleaded
[Oct. 28.] GUILTY - DEATH . Aged 23.
1847. WILLIAM WATERS was indicted for feloniously breaking and entering the dwelling-house of John Pollard . on the 18th of October , at St. Leonard, Shoreditch . and stealing therein 2 profile-frames, value 10s.; 7 pieces of silk, value 7s., and 2 caps, value 2s., his property ; to which he pleaded
[Oct. 28.] GUILTY - DEATH . Aged 24.
1848. WILLIAM HORTON was indicted for stealing, on the 24th of October , at St. Matthew, Bethnal-green , 1 purse, value 2d.; 1 handkerchief, value 2s., and 10 sovereigns, the property of Ann Hiron , in the dwelling-house of George Hiron ; to which be pleaded
[Oct. 29.] GUILTY - DEATH .
Second Middlesex Jury. before Mr. Justice Park.
1849. CHARLES JONES was indicted for stealing, on the 25th of September , at St. Luke, 1 portmanteau, value 3s.; 1 set of bed furniture, value 7l., and 18 books, value 20s., the goods of Robert Burrell , in his dwelling-house .
ROBERT BURRELL. I am a publican , and live in Old-street, in the parish of St. Luke . On Saturday night, the 25th of September, about ten o'clock, or half-past, the prisoner came and asked if I could let him have a bed; I told him Yes - he paid me a shilling before he went to bed, and slept in the second floor front room; on Sunday morning, about twenty minutes before eleven o'clock, the servant went up to make the beds, and in consequence of what she said I went up, looked through the key-hole of the door, and saw my bed furniture folded up - it was the curtains; they laid on the bed, folded up in a parcel - I asked for admittance, and the prisoner said he would open the door directly, but he did not, and I forced it open with my feet; it was not the furniture of the bed he had slept in, but some which had been packed up in a cupboard in his room, and belonged to my own bed - when I got the door open I seized him by the arm; I found my things all thrown about the room - I asked him what he was doing; he said he was looking for a sheet of paper - he had some of the bed furniture in his hand at the time - I detained him, and sent for an officer; there was a portmanteau in the same cupboard, and some books in it, part of them were bound.
Cross-examined by MR. LEE. Q. Have you many lodgers? A. Three or four single men I have regular lodgers? I only keep one room for occasional lodgers - I may not have been into this room for three or four days before, but I went up with the prisoner to bed that night, and the things were not laying about then; I went into the room - it is small: the bed faces the door, and the cupboard is on the other side of the bed - I only showed him into the room.
COURT. Q. You are quite sure there was nothing lying about? A. Nothing.
MARY ANN GOSLING . I am servant at the prosecutor's house. I was in and out of the room the prisoner slept in a dozen times on the Saturday; I put the portmanteau and bed furniture into the closet - they had been there two months before; the bed furniture was packed up in a clothes basket, and fastened down with a piece of coarse cloth - I locked the cupboard, and had the key; it was locked when the prisoner went to bed - when the alarm was given I went up; there was a strange key in the cupboard door - we only had one key to it.
Cross-examined. Q. Was the bed-room kept locked during the day? A. Yes - the other lodgers had no access to it; I had not been to the cupboard that week, nor seen the things for a month.
COURT. Q. But during that month had you the key of that closet in your possession? A. Yes.
EDWARD HANDS . I am a headborough of St. Luke's. I was sent for by Mr. Burrell, and found the prisoner in the second floor front room - he had his trousers on, but neither his coat nor waistcoat; Mrs. Burrell gave me the property - I packed it up, and by that time he had dressed himself; I searched him, and found on him thirty keys, and what is called a Jemmy; I also found a duplicate of a pledge for 1s. the night before.
Cross-examined. Q. Where did you find the keys? A. In his great coat pocket - he owned the coat, it was on a chair; I asked if it was his - he said it was, and pot it on; I then searched the pocket - there is one picklock-key in one bundle, and one half skeleton in the other, and here is one key which opened the lock.
MARY ANN GOSLING . This bundle of keys hung to the door, and this one was in the hole - I know this bed furniture; it was generally laid by, and has never been washed - I have been three years in the service.
ROBERT BURRELL . These books are mine - here is a Prayer-book with my own hand-writing in it; here is a Testament, a Bible, and two or three Prayer-books; the value of all the property together is 8l. 8s. - only part of the bed furniture is here; it is cotton: I have had it six years - it cost 26l., and has not been used constantly.
MR. LEE. Q. Were there other articles besides those
[Friday, Oct. 29.] GUILTY - DEATH . Aged 26.
Second Middlesex Jury, before Mr. Baron Garrow.
1850. ELIZABETH HARRIS , MARY MITCHELL , and ANN DAVIES were indicted for stealing, on the 18th of October , at St. Luke, Chelsea, 40 yards of silk, value 6l., the goods of John Peters and Thomas Underwood , in their dwelling-house .
MESSRS. ADOLPHUS and BODKIN conducted the prosecution.
JOHN PETERS . I am in partnership with Thomas Underwood - we are linen-drapers and silk-mercers , and live in Sloane-square, Chelsea ; the shop is our joint property, and part of our dwelling-house. I saw the prisoners Mitchell and Davies in our shop on Monday, the 18th of October. I had not seen this silk myself - I know Scofield by sight.
ALEXANDER MCLOWMAN . I am in the prosecutors' employ. On the 18th of October, about half-past two o'clock in the afternoon, I was in the shop, and took notice of a piece of silk which was laying on the counter - I have since seen some silk in the possession of the pawnbrokers; it is of the same description as that I saw that day; it was on a roller in our shop, and I should think there was about forty yards - it was part of a piece.
Cross-examined by MR. CLARKSON. Q. Do you know what protion of the silk had been sold? A. No, but being in the habit of cutting silks, I can form a pretty good idea how much is in a roll - it was not a whole piece, but it was in one length - I did not see any of it sold that day; I saw none cut while I was in the shop - I was not absent an hour that day; there was none sold from the time I saw it till it was missed, which was about half-past six, when inquiry was made for it - we have about twelve or fourteen shopmen altogether; it is not my department to keep the silks in order; I did not see it after half-past two - I can say none of it was sold between that and three, because I was passing through the shop every two or three minutes, and if any of the shopmen sold it I must have seen it, because I always notice what others are selling - we are stimulated to sell goods and watch each other, and I swear it was not sold after I saw it.
MR. BODKIN. Q. Where did you see it at half-past two? A. About a yard and a half from the desk - persons coming in as customers could see it.
COURT. Q. At times you are not all present in the shop? A. Except at meal times; we occasionally notice what passes between customers and other shopmen - I should think there was full forty yards on the roller; I have seen Harris and Mitchell in the shop together once before- that was in the middle of the summer. I recollect their being very difficult to serve, which drew my attention to them.
ROBERT WATKINSON . I serve in the prosecutors' shop. On the 18th of October I remember three women coming in as customers - I can swear to Davies being one of them; I know the other two by sight, but cannot say whether they were there that day - Davies came in with two women; I cannot say what they asked for at first - it was between three and four o'clock; I recollect selling them some merino and a habit-shirt - only one dealt for it; the others were not with her all the time - they were in different parts of the shop; I dealt with the woman on the drapery counter, and observed them part of the time at the haberdasbery and the hosiery counter; I do not think they asked for things - they did not buy; I had not seen the silk on the counter - it would not be in my part of the shop; inquiry was made about the silk about six or seven o'clock - neither of them bought any silk.
Cross-examined. Q. It was between three and four o'clock when Davies, accompanied by two women, came to the shop? A. I think it was about that time - it was four before they left; from twelve to four is our busiest time - there were a good many customers; I cannot say whether any of the silk was sold that day - it had been inquired for by some lady in the course of the day; whether she bought any I cannot say - we have not distinct counters for goods, we sell any where; Davies purchased what she asked for - I do not recollect selling to the other women.
MR. ADOLPHUS. Q. Did you observe either of the other women near the desk? A. They were there - silk runs various lengths: I had not seen a lady inquiring for the silk, but by its being on the counter I suppose so.
JOSEPH WILLIS . I am a shopman to the prosecutors. I went to dinner, returned about a quarter past three o'clock, and observed Mitchell and Davies in the shop - there was another person, whom I cannot identify; I believe it was a woman - I knew Davies and Mitchell, by having served them before; I saw them standing near the desk - Mitchell and Davies stood together, and I believe had shawls on; I saw the piece of silk laying on the counter, about a yard and a half from where they stood, and had also seen it about half an hour before I went to dinner - Mitchell merely said, "How do you do?" to me- I left them standing in the same place, and went to my business; the silk was missed between five and six o'clock that evening; it was on the counter while they were there.
Cross-examined. Q. Were there a good many customers in the shop at that time? A. Not a great many - we had been pretty well off for customers that day; I will not swear there had not been a dozen in the shop at a time - the customers were in different parts of the shop; the desk is about the middle of the shop.
Q. Is that where customers would most likely be? A. No, it depends on what they are buying, or where they sit; muslins are kept nearest to the desk - silks are at the bottom of the shop, and at the top also; the merinos are next to the muslins.
COURT. Q. When an article is shown, and you want another, it is put aside? A. Yes; that causes articles to be near the desk sometimes; the customers that day were persons of apparent respectability - I had no reason to suspect any of them.
WILLIAM HENRY WESTCOMB . I am in the prosecutors' employ. On the 18th of October I remember all the three prisoners coming into the shop, about twenty minutes or a quarter to four o'clock; they went away between four and five - I had seen the roll of silk on the counter previous to their coming in: while they were there I walked up the middle of the shop, and on returning I heard one of them say, "It will be no good to stand here;" I immedi
Cross-examined. Q. When was you first examined about this? A. Yesterday - I heard of the silk being lost the evening it happened; I was not required to attend before the Magistrate - I am quite positive it was not before three o'clock that the prisoners came in; the usual time for dinner is about one or a quarter-past - it depends on our being engaged with customers; I cannot say at what time Willis dined - I saw the prisoners come in, and think it was a quarter to four o'clock; I am positive they were not there as early as a quarter-past three - I did not see them at that time; I am speaking as far as my recollection goes - there was not so much doing between four and six as before; we were busy - I can venture to swear this silk was not sold at all; I cannot say none were sold, but this was not - I saw it on the counter last about twelve or one o'clock; I cannot tell what became of it after I had been to dinner.
JAMES WALLIS . I am shopman to Mr. Jones, a pawnbroker, of Tothill-street, Westminster. I have a piece of silk, pawned on the 18th of October, between five and six o'clock in the evening, by the prisoner Mitchell, in the name of Mary Spinkes , No. 12, Charlotte-street, for 17s. - there are ten yards of it; inquiry was made about it next morning, and I produced it.
JOHN GRINDLEY . I am shopman to Courtney and Page, pawnbrokers, Lower Eaton-street, Pimlico. I have some silk, pawned on the 18th of October, between five and six o'clock in the evening, by a young man, in the name of William Beacon , No. 10, Ebury-square.
JOSEPH TILL . I am a pawnbroker, and live in Grosvenor-row, Pimlico. I produce a piece of silk, pawned on the 19th of October, for 16s., by Mitchell; and another piece, pawned on the 20th, by Harris, for 1l.; there are about twenty yards in the two pieces.
Cross-examined. Q. I suppose you knew them before? A. Yes, for three years, and knew their names; a boy wrote the duplicate for Harris, and put the name of Doherty on it - the other is in Mitchell's name: I did not write Harris' ticket, and suppose I was not aware what name the boy put - I received the article from her.
MR. ADOLPHUS. Q. Is it unusual for a person to pawn goods for another, in that person's name? A. No.
COURT. Q. Is it not usual for persons to pledge in a strange name, to conceal that they are in want? A. Frequently.
FREDERICK KINGSTON . I am servant to Mr. Morrit, a pawnbroker, of York-street, Westminster. I produce a piece of silk, pawned on the 18th of October, between five and six o'clock in the evening, by the prisoner Harris, in the name of Ann Spinks .
Cross-examined. Q. I suppose you knew her before? A. I never saw her before. but am certain of her person -I knew her again at the office.
DANIEL DAWKINS . I am an officer. I apprehended the prisoners on Thursday night, the 21st; I had found the witness Scofield at Mr. Morrit's, the pawnbroker's, in York-street, and took her to Queen-square office - she there gave me a duplicate, and in consequence of what she said I went with her to No. 7. Ebury-street, and found the prisoner Mitchell, who told me she had the duplicates from Harris - Mitchell took us to Harris, and told her the officer had come about the silk; we went up stairs to a room which Harris occupied, in an empty house, and there saw Davies - Mitchell said, "Here is the officer come about those duplicates;" Davies said, "What duplicates?" she said the duplicates of the silk - Davies said, "What silk?" Mitchell said, "Don't appear strange about it - you will throw it all on my back;" Davies then said, "You did not have it from me - you had it from Harris:" Harris said, "I did not give them to you - you took them off the shelf;" I then asked all the prisoners how the duplicates came on the shelf; they said they did not know - Mitchell said, "Why, it is the silk you told me you got on tally, and was not going to pay for it, therefore you pledged it;" Harris denied it, and said she knew nothing about it - I took them all into custody.
ELIZABETH SCOFIELD . I went to Morrit's, the pawnbroker, with a duplicate which Mitchell brought to me, last Thursday week - she brought me three; one of Morrit's, another of a pawnbroker's in Tothill-street, and one of Mr. Courtney's, at the corner of Eaton-street - I was detained at Morrit's, and Dawkins took me into custody; I took him to the lodgings of Mitchell and Harris, and heard what passed - Mitchell said to Harris, "Here are the officers come for the silk or the duplicates," I do not recollect which - we all went up stairs, and Mitchell said to Davies, "I am in custody on account of these duplicates;" Davies said, "What duplicates?" she said the duplicates of the silk - Davies said, "What duplicates? of what silk? I don't know what you mean;" she said,"Don't be strange - I mean the duplicates of the silk, the slate coloured silk;" Mitchell then said to Harris, "Well, if Ann knows nothing about it, what do you know about it?" Harris said, "I know nothing at all about it;" Mitchell said, "This is a very pretty go, bowever - you none of you know about it; if you know nothing about it how came I by these duplicates?" Harris said there were some duplicates on the mantel-piece;" Mitchell said, "Do you think I should take such things off the mantel-piece without they were given to me?" Harris said, "I said there were those duplicates, and if they were of any use to you you were welcome to them;" Mitchell then said, "I took the duplicates to Mrs. Scofield, and asked if she knew any person she worked for who was likely to buy them, as they were not things I could wear;" I am a dress-maker. The officer took them all into custody.
MR. PETERS. These lengths of silk have all constituted one piece, I have no doubt; they are exactly the same
Cross-examined. Q. How many yards do you swear there were? A. I will swear to there being forty yards; it is gros de Naples - I should pay 3s. a yard for it, the wholesale price - it cannot be bought for less; I find, by measuring the silk produced, there are forty-four or forty-five yards.
The prisoners made no Defence.
HARRIS - GUILTY - DEATH . Aged 25.
MITCHELL - GUILTY - DEATH . Aged 28.
[Oct. 29.] DAVIES - GUILTY - DEATH . Aged 20.
Second Middlesex Jury, before Mr. Justice Park.
1851. HENRY BARNS and JAMES ROBERTS, alias SKELTON were indicted for feloniously breaking and entering the dwelling-house of Shadrack Shout , on the 24th of October , at St. Marylebone, and stealing therein, 1 coat value 10s.: 1 hat, value 5s.; 1 pocket-book, value 6d., and 1 tobacco-box, value 6d., his property .
EDWARD OSBORNE. I lodge at the Black Horse. Rathbone-place, in the parish of St. Marylebone . On Sunday morning, the 24th of October, at a few minutes after three o'clock, I was going home with Brown, my fellow lodger, who had a key - he opened the door, and went in; I am quite sure we shut the door, and that nobody except Brown went in with me - there was no light in the passage; we sleep on the second floor - before I got to the foot of the stairs, I stumbled over a hat, and then I stumbled over a chair which was placed against the bar window; I never saw a chair there before - Brown stumbled over two pairs of shoes at the foot of the stairs - we then went up stairs, struck a light, and came down; Brown pushed the taproom door open, and the two prisoners came out of the parlour - they were strangers; Brown asked what they did there - they said they had no lodging, and had come there for shelter for the night; we then went up and brought the landlord down - he asked what they did in his bar; they said they had been out of employ a long while, and begged for mercy - I fetched a Policeman, and before they were taken away a dark-lantern was found in the coal box, and in the fire-place, a stock and two centre-bits, a phosphorus-box, a small crow-bar, and a knife; the Policeman found a skeleton-key - the prisoners had no shoes on, and one of them no stockings; they owned the shoes at the foot of the stairs - the hat was claimed by Roberts, and he asked for the handkerchief that was in it; there was a coat, a hat, and pocket-book found in the tap-room, which the prosecutor claimed, also a tobacco-box - the prisoners said nothing about those things; I observed the staircase window open - it is about six feet from the ground, and looks into the back yard, which opens into a coach-yard, but there is a wall about six feet high; a person could be raised over the wall.
WILLIAM BROWN . I was with Osborne - I have been in Court, heard his evidence, and agree with it; the window was open - if it was fastened, it would be difficult to get in, but if not, a person could get in by being lifted up; it is about six feet from the ground.
SHADRACK SHOUT. I live at No. 6, Rathbone-place, in the parish of St. Marylebone. The witnesses called me down; I had gone to bed between eleven and twelve o'clock, and locked the bar door myself - I saw the house properly secured, and am quite sure the staircase window was closed, but cannot say whether it was hasped; it is about six feet from the ground - there is nothing to assist a person to get up to it; I did not know the prisoners before - they had not been at my house that night as customers; I am sure they were not in the tap-room when I went to bed - there are two doors to the bar, and a sliding window which latches at the top, and after getting into the bar, the parlour door is bolted inside - I found marks on the bar door, and a crow-bar or chisel was found, which exactly corresponded with the marks - I saw the chisel found, and gave it o' Pattison; there is a lead to the tap-room door, which would make a noise - I found that cut off; it was there when I went to bed; a coat, a hat, a pocket-book, and tobacco-box were found in the tap-room - I had left them in the bar that night; I am certain they had been removed - they are mine, and worth 20s.; I found the back door leading to the yard open - I had fastened that the night before.
MATTHEW PATTISON . I am a Policeman. I was called into the house, and found a crow-bar, knife, and phophorus-box; I compared the crow-bar with the marks on the bar door - they tallied; I found a chisel, which I compared with the sash of the window - that corresponded also; a lantern, a stock, and two centre-bits were also found - here is the tobacco-box; it is a large one, for the use of the parlour, also a pocket-book, coat, and hat.
SHADRACK SHOUT. I swear to all these things being mine.
Roberts' Defence. I had been without a lodging some time; I went down the gateway to ease myself; my fellow prisoner held my pipe the while, and as I came back I saw the landlord's side door open - I said, "We will go in and lay down there on the stairs;" I took off my shoes to ease my feet - I had not been there long before I saw the tap-room door open; I thought we would go in there - in a few minutes the lodgers came in; we heard them, and got up, and when they spoke we spoke, but as to the housebreaking things I know nothing about them; trouble and misfortune have brought me here - my father was a respectable liveryman of the City, of the firm of Hall and Skelton, of Thames-street; I have not had it in my power to send for witnesses - the side door leads to the coach yard.
SHADRACK SHOUT. There is a side door - I fastened it when I went to bed.
BARNES - GUILTY - DEATH . Aged 20.
[Oct. 29] ROBERTS - GUILTY - DEATH . Aged 24.
Second Middlesex Jury, before Mr. Justice Park.
1852. ELIZABETH GRAHAM and ANN GRAHAM were indicted for that they, on the 16th of October , at St. Marylebone , feloniously did offer a certain forged order, for payment of money , which is as follows: No. London, No. 4 Whitehall, August 5th, 1830,
Messrs. Cockburns and Co., Pay Mrs. Smith, or bearer, Eighteen Pounds. CHAT. FENNESSEY. And also a certain other forged order, for the payment of money, which said last mentioned forged order, for payment of money, is as follows:-
Messrs. Cockburn and Co., Pay Mrs. Cumnes or bearer, Thirteen Pounds. C. M. FENNESSEY. they well knowing the said forged orders, for the payment of money, to be forged, with intent to defraud Charles John Brooks ; against the Statute, &c.
2nd COUNT, the same, only for uttering instead of offering.
EDWARD HANDLEY . I am assistant to Charles John Brooks , a linen-draper , of Oxford-street. On Saturday, the 16th of October, about three o'clock in the afternoon, both the prisoners came to the shop-Elizabeth asked me if I would take a cheque for drapery goods; she had not then bought any - I said if we had any knowledge of the parties we had no objection to take it; she took her pocket-book out, took these two cheques from it, and gave them to me - I sent them to Cockburn and Co.'s, bankers, at Whitehall, and in the mean time showed them the goods they wished to look at; they purchased to the amount of about 7l. - they both purchased cloaks, shawls, and other things; I asked Elizabeth if either of the names the cheques purport to be drawn in favour of was her name; she said they were not, she had received them from her mistress - she did not give her mistress' name; they were more than an hour in the shop, looking at things, and did not offer to go away; the boy returned from the banker's, and stated the cheques to be forged - they were not aware of my having sent the boy: he produced the cheques.
Q. Did their looking at the goods occupy an hour? A. We were extremely busy, and I apologised for detaining them, as I served other ladies at the same time - when the boy returned I told them we had sent to the bankers's, and they had pronounced them to be forged -Elizabeth said they were not forged; we sent for an officer, who came and took them both into custody, with the cheques - they both stood close together when the cheques were tendered to me.
Cross-examined by MR. PHILLIPS. Q. You had all your conversation with Elizabeth? A. Yes - they staid there during the hour of their own free will; all Ann did was to look at the goods with the other - she negociated no cheque.
COURT. Q. You amused them by saying you had other customers to serve? A. Yes; our shop is not more crowded on Saturdays than on other days - three o'clock is a busy time.
WILLIAM FYSON. I am a Policeman. I went on this Saturday afternoon to Mr. Brooks', and saw the prisoners there; I was asked to take them into custody for uttering two forged cheques - they got up, and went with me immediately; Elizabeth said she was very willing to go, and as we went along she said she was sorry she had offered the cheques - if she had known they had been had she would have destroyed them, and at the office she told me she had found them in Hyde-park; Ann was near enough to hear this - she said nothing in my hearing; I produce the cheques - I have had them ever since, except for about a day and a half, when they were in the hands of Mr. Stafford, the clerk of Bow-street; I put my mark on them before I parted with them.
Cross-examined. Q. They went willingly, without any resistance at all? A. Yes - the conversation was with Elizabeth entirely.
HENRY THOMAS FOREMAN . I am cashier at Messrs. Cockburn's, No. 4, Whitehall. We have an account in the name of Charlotte Matilda Fennessy - I am well acquainted with her hand-writing; I have paid many cheques to her order - (looking at the cheques) neither of these are her hand-writing certainly; she lives at Wilton-place, Knightsbridge.
Cross-examined. Q. I understand it is not her name exactly? A. The name in the cheque ends sey, she spells it sy.
MRS. CHARLOTTE MATILDA FENNESSY . Neither of these cheques are my hand-writing - I am married, but Mr. Fennessy is a King's messenger , and mostly abroad; I am in the habit of drawing cheques in my own name - the prisoner Elizabeth had been my servant of all work; she had left on the 13th of October, which was the Wednesday before; I did not pay her either of the cheques - she gave me notice herself on account of ill health; I paid her 2l. 6s. or 2l. 8s. - I am sure I gave her neither of these cheques; they are printed - she could get at my cheques, as I left my book laying about.
Cross-examined. Q. I believe you had a character with her? A. I had a very good one, and continue to give her that character myself as far as I know - I generally pay my cheques to my tradespeople; I am generally alone when I sign them.(The cheques were here read.)
E. GRAHAM - GUILTY - DEATH . Aged 24.
Recommended to Mercy by the Prosecutrix and Jury, on account of her character, and the temptation caused by the cheques being left about .
A. GRAHAM - NOT GUILTY .
Second Middlesex Jury, before Mr. Baron Garrow.
1853. THOMAS BIGGINS & JAMES RICHARDSON were indicted for feloniously breaking and entering the dwelling-house of Mary Cuthbertson , on the 22nd of October , at St. Marylebone, and stealing therein 18 snuff-boxes, value 30s., and 4 German pipes, with silver tops, value 16s., her property .
MARY CUTHBERTSON. I am a widow , and keep a tobacconist's shop , in Chapel-street, Lisson-green, in the parish of St. Marylebone , and keep the house. On Friday, the 22nd of October, I went out at seven o'clock and left a little girl at home; the shop window was quite sound then - I returned at eight, found it cut or broken, and property taken out; the opening was large enough for a boy's hand to go through, and take property - I missed eighteen snuff-boxes, and some German pipes, which were within reach; (examining the property) here is a German pipe, with a silver top - I know this, and here are some snuff-boxes which I know; they are marked inside - I missed several.
JOSEPH HAINSWORTH . I am a Policeman. I was in Chapel-street on the Friday evening in question, from six o'clock till nine - I saw five or six boy s about Cuthbertson's window, and ordered them away two or three times; the prisoners were two of them, and Littleton another - I ordered them away from the corner of an unfinished street that night; next morning I saw the two prisoners and Littleton go into a baker's shop-I had heard of this robbery; I saw them change some money, and thought I saw the shape of a snuff-box in one of their pockets; I apprehended Richardson. and found a pair of scissors and a ponknife on him - I told him what I took him for, and he said he knew nothing about it.
CHARLES CLARKE . I am a Policeman. On Saturday morning I was on duty, and assisted Hainsworth in pursuing the prisoners, and apprehended Biggins - he ran very fast; I saw him throw this bowl of a pipe over a wall - I followed, and brought him back, and then went and got the bowl; on searching him I found the stem, which appears to belong to the bowl, concealed in the lining of his coat - I found this snuff-box concealed in the lining of his coat, under his arm; next day, Sunday, I saw Littleton, and he said something to me.
WILLIAM HUTCHINS . I live near Lisson-green, and keep a donkey-cart. On the Saturday morning I was coming from Covent-garden; the prisoners followed my cart, and asked a boy in the cart if he would buy two boxes - they said they wanted some bread, and had just picked the boxes up in the street - the boy said he had but 6d.; he gave them 6d. for two boxes, and I bought two of them for 2d.; I afterwards heard of the robbery, went to Cuthbertson's, and delivered them up - I bought my two of Richardson.
JAMES LITTLETON . I was coming down Chapel-street, with my little brother, and saw the two prisoners and three other boys - Biggins asked me to give him a piece of poratoe; I did so - he said, "Come on, we are going to take some snuff-boxes from here; I have done it three or four times this summer, and have never been caught"- he said when the omnibus was going by be pushed the glass in, and took things out; they said they had never been found out - I went with them: he pushed the glass in, and each of us helped ourselves to goods.
Biggins. That boy gave me the scissors to cut the window.
JAMES LITTLETON. Richardson took the scissors out of a shop in the Harrow-road, after this job was done.
Biggins' sister gave him a good character.
BIGGINS - GUILTY - DEATH . Aged 14. RICHARDSON - GUILTY - DEATH . Aged 14.
First Middlesex Jury, before Mr. Justice Park.
1854. RACHAEL (THE WIFE OF WILLIAM) ODDY was indicted for stealing, on the 13th of August , at St. James, Westminster, one 50l., three 20l., five 10l., and four 5l. Bank notes, the property of Mary Whitfield , in her dwelling-house ; and the said WILLIAM ODDY was indicted for feloniously receiving the same, well knowing the same to have been stolen ; against the Statute.
WILLIAM BALLARD . I am an officer of Marlborough-street. On the 2nd of October I went to the Foot Guard barracks, at Windsor, in consequence of information which I received, and apprehended the prisoner William Oddy ; I told him I was come to him respecting a 20l. note be had changed at Knightsbridge - he said, "What 20l. note? me change a 20l. note?" I said Yes, at Knightsbridge - he said, "What me change a 20l. note?" I said, "Yes, at Knightsbridge, at the grocer's;" I did not name the grocer - his name is Lawrence; he is not here: after some little hesitation he said, "Yes, I did change one;" I said,"Then where is the change?" he would give me no answer- I then said, "If you will not tell me where the change is, tell me where the other notes are;" I told him a large sum of money was stolen at the time the 20l. note was, and he must know something about them - he said he had seen no other, and knew nothing about any others; at that moment I received information respecting a 10l. note, and asked him where the change of the 10l. note he had just got changed was; he then said he had given it to his wife - I again asked him to tell me where the other notes were; he said he knew nothing about them - I left him in the guard-room, in charge of the serjeant of the guard, and went immediately in search of his wife, in a room in the barracks, but found she was not there; I went down stairs, and saw her coming across the mess-room - a serjeant who was with me said we wanted to speak to her; we took her into her room - I said I had come to her respecting the money she had stolen from Miss Whitfield; she said she knew nothing about it, she had taken none of them, and asked"Where is Oddy?" I said, "He is in custody, and you must consider yourself in custody; where is the change of the 10l. note your husband gave you just now?" after some hesitation she said, "Here it is," and took this purse out of her bosom, containing nine sovereigns and 14s. - I asked where she got it she said it was no matter, it was her own; I then asked her "Where is the 20l. note you gave your husband, and which he got changed at Knights-bridge?" she said that was her own - she did not deny giving him a note, but said it was her own; I asked her to tell me where the other notes were - she said she knew nothing about them; I said the 20l. note had been traced to be Miss Whitfield's property, and she must know something about the other notes - I said, "At all events tell me where the 50l. note is;" she again said she knew nothing about them - I then began to search, and in her box found an old pocket-book, in which was a receipt of Cox and Greenwood's, the army-agents, for 18l. paid in there on the 23rd of September; it says "Received of Corporal William Oddy ;" I said, "Why, this must be part of the money - why not tell me where it is? I would rather you would tell me than that I should be obliged to pull all your things about;" she said, "You may find it if you can;" after searching several places about the room I said, "Have you no other box?" she said, "Yes, here is one;" it was locked, and I asked her for the key - she said she supposed her husband had got it; we looked about, could not find it, and I broke the box open - I shook the things as I took them out, and in shaking a shift this paper fell out; it
William Oddy . Q. Was the receipt found in my box, or my wife's? A. I should suppose it was his, from what I found in it; it was open - there were some brushes, papers, and letters addressed to him in it; it was in their apartment - he had only 1s. 6d. about him.
MARY WHITFIELD . I am a dress-maker, and live at No.73, Quadrant, Regent-street, in the parish of St. James - I have the whole upper part of the house; Robert Underdown has the shop, but does not sleep in the house - I sleep there. The female prisoner lived in my service for about two months, and left at the end of May or beginning of June - her name was Sawyer then; she has been married since she left me - I am quite sure she is the person; I know nothing of the man, and never saw him at my house- I missed nothing while the woman was in my service; I understood she was going to be married when she left - I understood that to be the reason of her leaving; I did not miss any property till the 16th of September - I kept it in a box; I had it safe on the 5th of August.
Q. Was it in your possession before she left? A. I may have had some of the notes, but I am constantly putting away money, and do not know that I had these very notes; on the 5th of August I had 180l. in Bank-notes in the box - there was one 50l. and twenties and tens; I do not know how many of each, but altogether there was 180l. - there is a lock on the box; I took from the same box, on the 5th of August, a 50l., a 20l. and a 10l. note, still leaving 180l. - there had been 240l. before; I did not lock the box when I took out this 80l. - it stood in my bed-room, and I do not know that I ever locked it again from the 5th of August till September, when I missed the money; it stood close to the folding doors, which open into my sitting room, under a dressing-table - the notes were in a small box within another box; I did not lock either box- I had received the 50l., which I left in the box, from Major Harrison - he is not here; I cannot say about any of the other notes - the female prisoner called at the house once after she left me - it was after the 5th of August, and before the 13th; she told me she was going to leave her husband, and go into service again, and wished me to give her a character - I told her I could not; she left the room I was sitting in - my bed-room joins that room; she did not go through the folding doors, but there is a door to the bed-room on the landing place - if that door stood open she could see the box under the table; I had two servants in my employ at that time, named Ann and Sarah - they are not here.
CHARLES EDWARD WALLER . I am a principal clerk in the Bank-note pay-office. I have two 50l. notes - one, No. 19,850, was paid into the Bank on the 21st of July, from the stamp-office - the other was paid into the drawing-office, to Messrs. Hankey's account; I cannot say on what day.
HENRY MARK SHATTOCK . I am a pay-clerk in the treasury-office at the South Sea-house. On the 8th of June I paid nine dividends in the name of Harrison, amounting to 290l. odd - I paid it in Bank-notes and took the numbers; there were two of 50l. Nos. 19,849 and 19,850.
JOHN WILLIAMS . I am a clerk in the Bank. I have a book here, in which I find an entry of a 90l. treasury bill, for which I paid a 50l. note NO. 2996, dated the 29th of April, 1830, one of 20l., No. 9322, the 30th of December, 1829, two of 10l. Nos.9525 and 9526, both dated the 5th of May, 1830; I paid them in the name of Voutier.
WILLIAM BALLARD . I produce the purse she gave me from her bosom; the receipt for 18l. and the purse containing the 10l. and 20l. notes I shook out of the shift, and the 50l. note, No. 19,849, and 10l. note I found among the rags.
RECHAEL Oddy's Defence. I did not take the money from the box; I picked up a roll, which I supposed to be a small piece of paper, on the stairs - it was tied up with a bit of twine; my husband knew nothing at all about it.
The prisoner on being called up for judgment, pleaded that she was with quick child, which plea, a Jury of matrons having affirmed, her judgment stands respited .
WILLIAM ODDY - NOT GUILTY .
OLD COURT. THURSDAY, OCTOBER 28.
First Middlesex Jury, before Mr. Baron Garrow.
1855. PATRICK Mc.CABE was indicted for that he, having in his possession a certain bill of exchange, (setting it forth, dated the 17th of September , for 50l. at three months date, drawn upon William Quin, No. 2, Church-street, St. Giles, signed Patrick Mc.Cabe ,) feloniously did forge an acceptance of the same, with intent to defraud William Quin .
2nd COUNT, for uttering and publishing the said acceptance as true, with the like intent.
3rd COUNT, for disposing of and putting the same away, with a like intent.
EDMUND CLIFFORD. I live in John-street, Adelphi, and am a surveyor and a certificated conveyancer . The prisoner came to my house on the 17th of September - I am not aware of having seen him before; he said he was desirons of having a bill for 50l. discounted, and was recommended to me by a gentleman, named Wright.
Q. Is it part of your business to discount bills? A. I am acquainted with gentlemen who discount them - they are friends of mine; I told him I would cause inquiry to be made, and if the bill proved to be good, I or a friend of mine would discount it - he produced the bill at the first interview; this is it (looking at it) - it is in the same state as when he produced it; I asked him what business the acceptor was - he told me he was chief farrier and smith, at Mr. Wood's, the coal-merchant; I called on Mr. Wood, who stated that Quin could neither read nor write - no money has been advanced on the bill; I took it to a friend, and saw Quin, who said he could neither read nor write, and had not authorized his name to be put to it - I should not have taken any steps myself, but Mr.Flight, who I applied to, to discount it, said it devolved on me to have him taken.
Cross-examined by MR. PHILLIPS. Q. On your oath did not the man tell you Quin had authorized him to accept the bill for him? A. I do not recollect any thing of the kind; I understood him to state it was the acceptance of Quin, unquestionably.
Q. Will you swear he did not tell you he had been authorized by the man to accept it? A. I am sure I cannot answer the question; I received 8s. for the trouble of making the inquiry - he gave me a correct address of Quin and his master.
Q. How many gaols have you been in in the course of your life? A. That has nothing to do with this - I object to the question; I was never in Newgate for debt - I consider I am not bound to answer whether I was ever there; I do not know that I was ever in this Court before, or the other - I do not recollect it; I swear I was never tried for any offence in either of the Courts - I never was tried in either of the Courts.
Q. Were you ever here as a prisoner? Q. I decline answering that; when you say the Courts I conceive you do not mean the prison - I do not believe I was ever in either of the Courts; I have been in the Court of King's Bench, but there was no judgment passed - there was a conviction there, which was not good, and no judgment was passed; I went to receive judgment, and was discharged - it was for a misdemeanor.
Q. Did you not spend two years in Newgate before you were discharged? A. I will not answer the question.
WILLIAM QUIN . I am a smith and farrier , and live in Church-street, St.Giles. I have known the prisoner two years and better; I can neither read nor write - I never saw this bill before he was in custody, not to my knowledge; I never gave the prisoner leave to put my name to any paper, I am sure.
Q. Did you ever tell him he might put your name to any paper concerning money? A. No, not to my recollection - he never asked my leave to do so; the acceptance was never written by my order or consent, not to my knowledge.
Cross-examined. Q. Is it a thing you would be likely to forget? did you ever in your life give authority to any body to accept a bill? A. Never - I am in Mr. Wood's service now, and have been so for five years; I am to be found there from six o'clock in the morning till seven or eight o'clock at night - I remember being in a public-house in Northumberland-street with the prisoner; he asked what I would take, and then asked the landlord for a tent of ink - I did not ask what he wanted it for, nor did I see him with it.
Q. Are you quite sure the paper was not produced, and that you did not give him authority to sign it? A. I did not - I have been in Ireland, and left there to get employment; I was confined there for twelve months about a turn out for wages; and I was once flogged.
Prisoner's Defence. Quin ordered me to do this twenty times - I was to give him the price of two chaldrons off coals out of it, and not to tell his wife of it.
NOT GUILTY .
1856. RICHARD PHILLIPS was indicted for that he, having in his custody and possession a certain receipt, as follows: "Received 6s. 6d. S. Stone," did afterwards, feloniously alter the same, by inserting the figure 5 to denote pounds, and adding the letters £. and s. over the figures, to denote pounds and shillings, with intent to defraud William Houghton Flintan and Michael Joshua O'Hea .
SECOND COUNT, for uttering and publishing the said receipt as true.
SIX OTHER COUNTS, varying the manner of stating the charge.
MR. JONES conducted the prosecution.
WILLIAM HOUGHTON FLINTAN. I live in Berwick-street, Soho, and am in partnership with Michael Joseph O'Hea - we are provision-agents . On Saturday, the 25th of September, I saw the prisoner at our shop; I saw him at his own house on Monday, the 27th, and saw him the same day at our house - I then showed him three separate parcels of ham, all of which he agreed to purchase - after we had weighed them I said, "Mr. Phillips, it is usual, as you don't pay for them, to leave a deposit;" he was a perfect stranger to me - he said it was not convenient to give me a deposit then, but that before eleven o'clock next day he would send 5l., and then I agreed to send him the first draft, which was thirty-four hams, weighing 3 cwt. 13lbs., which came to 5l. 6s. 6d. - he was to send the 5l. first, and pay the porter the 6s. 6d.; I never received the 5l. from him - I afterwards discovered that the hams were sent to him; about eleven on Tuesday, the day they were sent, I met him in Lombard-street; I said, "Mr. Phillips. have you sent the money for those hams?" he said, "I have not, but I am now with a gentleman, who is to let me have the money, and I will send it on immediately;" I said, "You had better send the money for the whole, as it will save us a journey; we can send them all at once:" he said he would if he could get it; in consequence of information I called at his shop that day, and said, "Mr. Phillips, have you sent the money for those hams?" he said,"I have not but I have got the hams, and paid your porter or man 6s. 6d., and I will send the 5l. in less than half an hour;" I went to his house, and saw him again next day, about three o'clock in the afternoon, and asked for the 5l., as he had not sent it; he said, "You d-d rascal, I paid you the 5l. at the time I purchased the hams; you d-d rascal, I owe you nothing:" I then told him he was a swindler, that he had not paid me; and he shoved me out of the shop - I again repeated that he was a swindler, that he had obtained goods fraudulently, and then refused to pay for them; he then struck me a blow over the month, which induced me to apply at Bow-street for a warrant - he was brought there on a charge of assault, and there produced the receipt, in the altered state, purporting to be for 5l. 6s. 6d.; I had received 6s. 6d. from my man, but nothing from the prisoner whatever.
Cross-examined by MR. PHILLIPS. Q. Are you quite certain he never paid you the 5l.? A. Certainly - I told my porter about nine o'clock on Tuesday morning, that Phillips was to send 5l., and then he was to take the hams and receive 6s. 6d.; he was not to take them till the 5l. was sent - I went out for five or six hours; my partner was in lreland at the time.
SAMUEL STONE . I am in the prosecutors' employ. On the 25th of September I saw the prisoner at master's, and on Tuesday Mr. Flintan desired me to take thirty-four hams to the prisoner, to receive 6s. 6d., as I understood him, and that the 5l. was to be sent to the shop afterwards- I took thirty-four hams to the prisoner's shop; he came in just as I had delivered them, and paid me 6s. 6d., but no more; I wrote a receipt for the 6s. 6d. at the bottom of the bill - (looking at it) this is my signature at the bottom of the bill; I wrote "Received 6s. 6d., S. Stone," and that is all I wrote - I did not make the figure 5, or the £. over it; the 6s. 6d. has been smeared over since I wrote it- when he paid me the 6s. 6d. he said he would send the 5l. to my masters; I never received 5l. from him.
Cross-examined. Q. Am I to understand that you put the 6s. 6d., with s and d over it? A. I did not put the s - I might put the d; the s there is not mine - the d is; I understood master the 5l. was to be sent after, but it was a misunderstanding of mine - he did not say he had already received the 5l.
THOMAS FORD . I am gaoler of Bow-street. While the prisoner was at the bar there he produced this receipt- I received it from him, and took it to the Magistrate; he said Mr. Flintan had done this merely because he should not come on him for giving this receipt on unstamped paper.
GEORGE WOOD . I am a serjeant of the Police. On Tuesday night, the 28th of September, about ten or eleven o'clock, I was going my rounds, and on looking into Ship-yard, Temple-bar, I saw a number of people round the prisoner's door - I went up, and there was a dispute in the shop between Flintan and Phillips' lad; seventeen hams were counted down by the door - the lad said, "Policeman, do you allow master's shop to be stripped of these hams, as my master is not present?" the shopman showed me a bill, and it was signed for 6s. 6d., and no more - it was a similar bill to that produced, but on the 30th the prisoner himself showed me this bill, and said it was the bill which had been shown to me on the Tuesday night; I am sure the one I saw on the Tuesday had only a receipt for 6s. 6d. on it.
Cross-examined. Q. When he showed it you on the 30th, was it in the state it is now? A. Exactly; he showed it me in his shop - it was Thursday, the 30th, the day he was brought to Bow-street for the assault.
COURT. Q. Were you at Bow-street? A. No; I do know when he was there.
ROBERT BOWDEN . I live on Holborn-bridge, and am in the employ of Mr. Carr, a grocer and oilman. The prisoner showed me this receipt on the 29th of September (looking at it); at that time the 5 was apparently very recently written - the 6s. 6d. was blacker then, and blacker than it is are now; the 5 was then much paler than the 6s. 6d., by which I inferred it had been more recently written - I saw it between nine and ten o'clock in the morning.
Cross-examined. Q. Did it appear to have been made three or four days before? A. No, it appeared much
Prisoner's Defence (written). I am now a hundred and forty miles from my native place, which prevents me producing that number of respectable persons I could have done, had my trial taken place in Herefordshire, but not withstanding the few I have to speak to character, will, I hope, satisfy you that I am not that fraudulent person my prosecutor would make you behave; I came to London only four months since, with a capital of 300l., with which I went into business in my present shop - my returns being from 30l. to 40l. per week, therefore it is not probable that I could be guilty of so paltry a crime, and yet serious charge; had I been guilty of such offence, should I have placed the document in the way of the man who has tried every thing in his power to blast my character and reputation - I have a wife and seven children; I solemnly declare before my God, and in your presence, that I am innocent.
WILLIAM BALL . I am the prisoner's servant. I remember the carman bringing thirty-four hams, and after delivering them he asked for the money - he said he wanted 6s. 6d.; I said master had just gone out, and I had not taken enough to pay him - he made a great noise, and said he must take the hams back if he did not have the 6s. 6d.; a man, who I was serving with soap, asked him to take some hams for him, and when he returned Mr. Phillips gave him 6s. 6d. - he wrote the receipt in my presence for 5l. 6s. 6d.; he did it in my presence.
MR. PHILLIPS. Q. Did he say whether his master had received the 5l. before he had come there? A. He said he had only just come out, and did not know, but he believed it was paid - (looking at the receipt) that is what he signed.
COURT. Q. Do you swear that the 5l. is the handwriting of Stone? A. Yes.
MR. PHILLIPS. Q. Can you give the Jury any reason why the 5l. is in darker ink than the other? A. Yes, we have an ink-stand with very bad ink, and there was a leaden ink-stand - the leaden one writes very bad; he said, "Your ink is very bad" - I said, "Dip down there, it is darker." and he did so; Charles Handley was there, and saw him write - he was employed to clean down the house.
Cross-examined. Q. What are you now? A. Why, I live with Mr. Phillips' wife, in Ship-yard - the business does not still go on.
COURT. Q. How long has your master lived there? A. About four months - I never saw his family; I have heard Mr. Phillips say the children were in the country.
GUILTY . Aged 24. - Transported for Life .
Before Mr. Baron Garrow.
1857. WILLIAM BERRY was indicted for stealing, on the 22nd of September , 6 handkerchiefs, value 20s.; 50 yards of printed cotton, value 40s.; 12 yards of linen, value 16s.; 40 yards of lace, value 30s.; 4 yards of cambric, value 4s.; 3 shawls, value 30s., and 1 packing-case, value 2s., the goods of James Connelly , in the dwelling-house of Martha Mills .
JAMES CONNELLY . I am a licensed hawker - I travel with my goods, and generally live at the Bell, at Uxbridge; my home is in Ireland. In September last I lived at the Bell, at Uxbridge , kept by Martha Mills ; on the evening of the 22nd, between eight and nine o'clock, I put my pack in the pantry. where I usually put it - I went about eleven o'clock next morning, and it was gone; it contained the articles stated in the indictment, which are worth above 5l. - I had had them in my possession a long while; I applied to Ingram a little after eleven o'clock, and found he had them in his possession - (looking at them) all these are mine except the wrapper; my wrapper had my name on it.
WILLIAM INGRAM . I am a constable of Uxbridge. Counelly applied to me on the 23rd of September; I had been to the prisoner's house before that, and found these things up stairs in a deal box in his bed-room - he was not at home; I apprehended him afterwards, and told him it was on suspicion of stealing this bundle - he said he knew nothing about it; only him and his wife inhabit the house - I found his wife there.
Prisoner's Defence. I was in the house at night very tipsy; I went up the yard to ease myself, and coming down I saw this bundle lay in the yard - I picked it up, carried it home, and put it into my box; my wife went next morning to tell the landlady there was such things in the house.
GUILTY (of stealing, to the value of 99s. only .) Aged 35.
Transported for Seven Years .
Before Mr. Justice Park.
1858. GEORGE THOMPSON was indicted for breaking and entering the dwelling-house of Thomas Wiseman , at St. George, on the 1st of October , and stealing a till, value 2s.; 4 pence, 29 halfpence, and 4 farthings, his property .
THOMAS WISEMAN. I keep a public-house in Ratcliff-highway, in the parish of St. George's in the East . On the 1st of October, at five o'clock in the morning, I got up to let two lodgers out - every thing was then safe; I went to bed again, and as I came down, a little before seven, a person passed me quickly on the stairs into my back parlour - I found the back parlour window open; I had seen that window at five o'clock, and it was then shut - it looks into my back-yard, which is walled round; he could have got over the wall between my yard and the next house - I asked how he came to take the liberty to enter my house; he said he had got some shipmates outside, and wanted to treat them with some grog; my outer door was not open - I told him I was a great mind to give him in charge, for I did not know whether he might not have robbed me; I turned him out of doors, and told him never to enter my house again - I had seen him many times before; after turning him out I discovered that my till had been removed from its place in the bar, but not out of the house - there had been nearly 2s. in copper in it over night; I followed, overtook him about two hundred yards off, and brought him back - I had put a penny piece nearly cut in half into my till, the last thing the night before; I saw that penny piece at the station-house - I am sure I left the till in its proper place when I went to bed.
Prisoner. Q. Did you not let the lodgers out? A. Yes, at five o'clock - I then saw that the bar was locked; it has a drop-shutter, and at seven I found that raised up several inches - a person could reach the till from that shutter; the till was not locked.
ROBERT CHRISTIAN . I am a Policeman. The prisoner was brought to the watch-house - I saw four penny pieces and twelve halfpence found on him; I noticed that one penny piece was cut - I showed it to Wiseman, in the prisoner's presence; he said he recollected it having been in the till the last thing in the evening; I sent London to fetch the prosecutor's till; there was no marked money left in it.
THOMAS WISEMAN. I can swear to this penny piece.
Prisoner's Defence. The prosecutor, from his earliest infaury, has got his livelibood by defrauding sailors when returning from long and painful voyages, by every means in his power; he is well known to every person of disfinction and character as keeping a house of ill repute and same - persons are allowed to remain there from night to morning, and morning to night, in the company of females of bad character; he gets up early in the morning to let people out - whether these characters may have gone to his bar to rob him I cannot say; I declare I am innocent.
THOMAS WISEMAN re-examined. Q. What makes you get up to let your guests out? A. I had men belonging to a South Seaman which was in the docks, and I got up to let them out; I padlock my door; they cannot get out without my getting up; I trust nobody - my house is not open for both men and women.
NOT GUILTY .
Before Mr. Baron Garrow.
JOHN BROWN . I am a coal-merchant , and live at Brentford ; the prisoner was in my service in August last; Sarah Jacobs and Ann Quinley are customers of mine - the prisoner was authorized to receive money for coals, and should account to me every evening for what he carried out in the course of the day, whether it was paid for or to be booked - he was sent out with some coals on the 8th of July; when he came home in the evening he booked one sack of coals to Mrs. Jacobs, saying she had not enough to pay him, but had given him 3s. on account; I am quite sure I never received the rest from him, which was 5s. if I had, it would have been entered. On the 23rd of August he booked 12s. to Mrs. Jacobs, saying she had three sacks of coals, and had not money to pay for them; he never paid me for them - he stated that he had delivered to Mrs. Kelly two sacks which came to 8s., on credit; he never paid me that money.
Cross-examined by MR. PHILLIPS, Q. Were you in the habit of seeing Mrs. Jacobs? A. I had not seen her when he paid the 3s.; I have known him sometimes give receipts, but not always; I had no quarrel with him more han charging him with being lazy - I took him to the office about furious driving, but not about breaking my horse's knee; the charge was dismissed.
Cross-examined. Q. Are you not in the habit of taking receipts? A. I did for the first transaction. but as my neighbour saw me pay the second, I depended on that - the first dealing I had with the prisoner, he came and asked if I wanted coals; I had no money - he called on Mond, and I gave him 5s. 3d. on account, and took a receipt for that; I am sure I paid him the whole amount for the two parcels in question; my neighbour stood by while I paid him.
ANN QUINLEY . I had some coals from the prisoner; I do not know the date - I always pay for the first two sacks before I have any more; I paid part every week, and am quite certain I paid the prisoner the whole amount.
Cross-examined. Q. Can you tell in what sums you paid him? A. Sometimes 1s., 1s. 6d., or 2s. - he charges me in the book for 8s., I only owed 2s.; I took a receipt for the last payment - here it is; it says, "Received on or about 6s., left 2s." - it has no date or name.
Prisoner's Defence. She never paid me.
GUILTY . Aged 19. - Transported for Seven Years .
Before Mr. Justice Park.
SARAH GREEN . I am the wife of Thomas Green - we live at Bushey. I brought a bushel of elder-berries to Paddington-market , and sold it, but had not delivered it; about eleven o'clock that morning they were under the hind part of the cart, and I missed them - I saw the basket again in the possession of the Policeman, who had got the prisoner.
Prisoner. Q. Did I not come and ask the price of the berries? A. He buys a great many things in the market- he asked if I had any berries to sell; I told him they were sold - they were sold before I arrived in town.
JOHN LEWIN . I am nine years old. I was in Paddington-market, selling shoes, and saw the prisoner take a basket of berries away from Mrs. Green's cart - I knew him before; it was about eleven o'clock.
JOHN BEAMES . I was at Paddington-market on the day in question, and saw the prisoner there, with the basket, within a few yards of Green's cart; I asked whose they were - he said, "I am going to take them to a lady;" I asked him if it was all right - he said it was; I do not know what was in the basket.
ROBERT PYALL . I am a Policeman. In consequence of what Mrs. Green told me, on the 1st of October, I went to the Green Man, and saw the prisoner in the tap-room, smoking his pipe, between eleven and twelve o'clock; I told him I took him on suspicion of stealing a basket of elder-berries, which he denied, and said he was willing to go with me - I took him to the watch-house, and he there said he had no lodging, but slept in the bay-lost at the Green Man; I went there, and under the hay found this basket, with a few berries in it.(Basket produced and sworn to.)
GUILTY . Aged 35. - Confined One Year .
First London Jury, before Mr. Recorder.
MR. GEORGE WOLLETT. I am a woollen-draper , and live at No. 92, Holborn-hill. On the 20th of October, between seven and eight o'clock in the evening, I was in Hosier-lane , and had a handkerchief in my outside coat pocket - I had left home about five minutes, and had my handkerchief safe then; I did not fell it go from me - I suspected it was taken from my pocket, and suspicion fell on the prisoner, who I saw in company with another man; I stepped forward, collared him, and said he had picked my pocket, and almost immediately I saw him take the handkerchief from under his coat, and drop it on the ground; I saw it drop from him - it was picked up, and given to me by a friend, who was with me; it was mine, and the one I had when I left home; the other person went away - I am quite certain I had seen him in company with the prisoner; he had stopped probably half a minute after I stopped the prisoner - I had laid hold of him, but could not manage two; the handkerchief dropped from the prisoner - I have had it ever since.(Property produced and sworn to.)
WILLIAM PEARCE . I am an officer. Mr. Wollett had collared the prisoner before I came up - he came down to the end of Skinner-street, and gave the prisoner into my charge, for picking his pocket of a handkerchief.
Prisoner's Defence. I was turning the corner of Hosier-lane-several persons were passing up and down; the gentleman turned round, and looked me very hard in the face, but I went on taking no notice - the gentleman came along, collared me, and charged me with taking his handkerchief, which I told him was false; he struck me, knocked me down, and gave me into custody.
GUILTY. Aged 16.
Recommended to Mercy by the Prosecutor .
Transported for Life .
1862. JOHN CONNER was indicted for feloniously and burglariously breaking and entering the dwelling-house of Sarah Keen , on the 28th of September , with intent to steal, and stealing 1 watch, value 30s.; 1 ribbon, value 1d.; 1 seal, value 1d.; 1 key, value 1d.; 2 shirts, value 10s.; 4 neckerchiefs, value 3s., and 1 shift, value 6s., the goods of Robert Merriott .
ROBERT MERRIOTT . I reside at Mrs. Keen's, No. 5, Goldsmith-street, Gough-square, St. Bride's - I have the first floor, but board and lodge below with Mrs. Keen. On the 28th of September, after eight o'clock in the morning, I saw this watch safe at the head of my bed on the first floor - I left the house about nine; the watch was silver, and worth 30s., it had a ribbon, a seal and key - I came home between six and seven that evening, it was safe then; between seven and eight I found the prisoner lying on the bed-room floor, between the dressing-table and the bed - it was dark; I knocked against him when I went in - he said he was in liquor, and came there to look for a lodging; he must have got in by false keys, for the doors were all locked - the front door is generally left open, but there is a door at the bottom of the staircase.
Cross-examined by MR. CLARKSON Q. Was the man drunk when you found him? A. He said he was drunk; I do not know whether he was so or not; he laid down there - I said, "What do you do here?" he said,
"I came to look for a lodging;" he looked dirty in the face - he did not say he had come for a lodger; there is no maid servant in the house - I had not been in the bed-room before since morning.
SARAH KEEN . I live in Goldsmith-street, St. Bride's, and rent the house. Merriott and his wife lodged with me; the prisoner was quite a stranger - I never knew him inquire for a lodging at my house; I had no other lodgers- Merriott's wife is my daughter; my street door is kept open all day, but we have a door on the staircase - I am sure that was shut between seven and eight o'clock, and from six to eight; a person must have opened that door to get to this bed-room-it opens with a latch-key; I had not been into the bed-room that day - I know the staircase door was shut; I saw the prisoner after he was taken, in the first floor room, and saw a phosphorus-box taken from him by Evans.
Cross-examined. Q. What day of the week was it? A. Tuesday - I keep a chandler's shop; the prosecutor assists me in the business - the shop is on one side of the passage; there is an inner door at the foot of the stairs, beyond the shop door - the staircase door has no communication with the shop; I am frequently in the passage, and looked at that door - I found it shut; we heard a noise over-head, which alarmed us - Mr. Merriott went up stairs, and found the prisoner; we thought we heard the staircase door open and shut just before that - we went to the door, and it was then shut; we came back, and heard the noise over-head - nobody else lives in the house; I had not been out of the house all day.
SARAH MERRIOTT . I am Keen's daughter-in-law, and the prosecutor's wife. I left my bed-room about nine o'clock in the morning, on the 28th of September - the watch was then at the head of the bed; I went out about six, and was not at home when the prisoner was taken - I saw the watch at the head of the bed at half-past four that afternoon; it is always kept there - there was nobody in the bed-room then; the bed-room cannot be got at without opening the door at the bottom of the stairs - I had locked the bed-room door, and hung the key in the room at the back of the shop, where we usually live; when the prisoner was taken the watch had been removed from the head of the bed - it laid on the counterpane when I saw it; the two shirts had been in a chest of drawers, in a closet in our sitting-room, which is on the same floor - I was sent for on the prisoner being taken, and when I came into the room I found the two shirts, four or five handkerchiefs, and one of my shifts removed from the drawer, and placed on the table; I am certain they were safe in the drawer
Cross-examined. Q. When you were in the room at half-past four o'clock, you took particular notice of the watch? A. Yes, I made the bed at that time - I did not look under the bed; I am certain nobody was under it, for there are chests under it, so that a person could not get the whole of his body under - I did not look at the shirts and things that afternoon, but am certain they were there; they were in the drawer, and not on the table - one room communicates with another; you are obliged to go through the sitting-room to go to the bed-room - there is a back door to the house, but the staircase door is between that and the bed-room; the back door is kept bolted - a person coming in at the back door must open the staircase door to get up stairs.
EDWARD EVANS. I am a porter. I was called by Keen, my next door neighbour, to assist in detaining the prisoner in the first floor room; I was obliged to go through the sitting-room to get to that bed-room - I there found the prisoner in custody; there was a strong smell of fire - I thought the place was on fire, but we found it was a phosphorus-box which was in his pocket; I saw him throw the case of it but of his pocket - I delivered it to the constable.
Cross-examined. Q. Were you as drunk then as you are now? A. I was not drunk, nor am I now - I am a porter, and have lived twenty years with Messrs. Middleton and Co.
WILLIAM ASHPLANT. I am a constable. The prisoner was delivered to me - I found a key in his possession, and a latch-key was picked up among others, by Mr. Merriott, on the floor; I produce the watch.
Cross-examined. Q. Was the prisoner drunk? A. He was rather in liquor - I had not the least reason to suppose Evans drunk; I do not think him perfectly sober now.
COURT. Q. Did you try the latch-key to the staircase door? A. Yes, and it opened it.
ROBERT MERRIOTT re-examined. I found these keys in the room after I seized the prisoner; none of them belong to us - this long key, with two ends, was picked up in the street; it opens the door of the first floor room - the latch-key opens the staircase door; here are five skeleten-keys, and a piece of iron - this is my watch.
Prisoner's Defence. I was very much intoxicated, and did not know what occurred till I was taken into custody.
MICHAEL KELLY . I am a plasterer, and live in George-yard, Snow-hill. The prisoner lived there with his father - I have known him twelve months; he bore a good character, and kept regular hours - he worked for Hadley and Co., the engine-makers, in Blackfriars-road; he was there till between one and two o'clock on the day of the robbery - an old man in the shop had got married, and stood a drop of beer; the prisoner had some, and perhaps was not able to stand it as well as others.
COURT. Q. Are these keys used is his business? A. This iron is one of his working tools - this latch-key I firmly believe he made to open his father's door; the others are common box lock keys - this one is a common key used in gentlemen's houses; it is called a master-key.
Q. Do you mean that key with open wards at each end? A. Some such key as this is used in gentlemen's houses; it might have got into a locksmith's hands.
GUILTY of stealing only . Aged 19.
Transported for Seven Years .
WILLIAM CLAMP. I am the brother of George Clamp, a pawnbroker , of Aldersgate-street , and assist in his business. This coat hung out at the door, on the books of the sun-blind - it could not be reached without the person jumping up; I saw it there a little before five o'clock - I was taking the goods down from the door, received information, and missed the coat; I ran, and saw the prisoner in a minute or two at the bottom of Middle-street, Clothfair - I crossed the road in Long-lane, and caught him with the coat - I charged him with stealing it; be caught hold of me, threw me down, and got away - I had not got ten yards before I was knocked down by one of his comrades, as I suppose; I was calling after him at the time - he was at last secured in Charter-house-square; I am certain he is the person.
JAMES ALLEN . I am a box-maker, and live in Fox-court, Gray's Inn-lane. I was crossing the end of Charter-house-street, and saw Clamp scuffling with the prisoner; I saw him take the coat from him - he threw him down, and ran away; Clamp called Stop thief! and about half-way up the street another person came from the other side, and threw him down again.
Prisoner's Defence. He swore it hung at the door; he told the Magistrate it hung at a high window.
GUILTY . Aged 21. - Transported for Seven Years .
JOHN JONES . I live at Henley-on-Thames. On the 20th of September I was residing in Little Britain - I am a linen-draper - about half-past nine o'clock that morning, I was going up the Old Bailey ; there was a great crowd at an execution - I am certain my handkerchief was safe in my inside coat pocket, when I entered the crowd; I felt somebody at my pocket - I turned round, saw the prisoner, and saw a handkerchief in his small-clothes, not quite concealed; I took it from him, and secured him - the Police-constable was passing, and I gave him in charge; this is the handkerchief - it is silk, and worth 4s.; it is not marked; I know it by the pattern and wear.
JOHN DASHFIELD . I am an officer. I saw the Policeman with the prisoner, and I took charge of him - he was charged with stealing Mr. Jones' handkerchief, which was delivered to me; I found two other handkerchiefs in his hat.
GUILTY . Aged 19. - Transported for Life .
1865. WILLIAM HUSBAND was indicted for stealing, on the 9th of October , 78 pieces of handkerchiefs, containing in number 468 handkerchiefs, value 31l. 4s. 6d.; 47 pieces of scarfs, containing in number 210 scarfs, value 13l. 19s., and 12 pieces of veils, containing in number 72 veils, value 11l. 5s., the goods of James Brand and others, his masters .
MR. CLARKSON conducted the prosecution.
HENRY DANBY . I am warehouseman to Messrs. Leaf and Co., warehouseman, of Watling-street. On Friday, the 8th of October, I saw a person named Bradley at my masters' warehouse - he produced to me specimens of gauze handkerchiefs for sale; I made no agreement to purchase them from the sample, but made an appointment with him, and in consequence of what I saw of the sample I made a communication to Messrs. Brand and Co., of Friday-street , as I knew the manufacture of the whole of the goods - I then purchased the goods of Bradley, but did not pay him for them; I had a reason for not paying - I bought gauze handkerchiefs, gauze scarfs, and veils; (looking at the goods) these are them - here is the invoice which I had from Bradley; there are 45l. worth of the goods, according to the price I purchased at - they consist of pieces of handkerchiefs, scarfs, and veils; the goods have been in our possession ever since. On the evening of the Friday on which I bought them, Messrs. James and David Brand came, saw them, and claimed them.
Q. Did you upon that see the prisoner? A. I had been in the habit of seeing him frequently, and I saw him next morning; Bradley was present - they did not come together; the prisoner was taken up stairs at our house - Mr. David Brand was present; not the slightest promise or threat was held out to him by any body whatever - Mr. Brand charged him with having betrayed his trust, the prisoner said he had betrayed his trust, and wished to know whether the affair could be compromised - he said he did not care so much for himself, but it was for his wife, who he was sure would break her heart.
Cross-examined by MR. ADOLPHUS. Q. Do you mean to say you have repeated the very words of the prisoner? A. I think I can say I have exactly; I do not mean that I have said every word he said, but the substance of all that was said, except that after Mr. Brand left the room, I asked the prisoner what could have induced him to have done as he had - he said he could assign no cause at all for it, he did not want the goods; the goods were not produced to him at that time.
Q. Was it said in what respect he had broken his trust, or did Mr. Brand simply say "You have broken your trust?" A. He stated at intervals the different quantity of goods he had taken; I have mentioned all that passed when Mr. Brand was there, as near as I can recollect - nothing more passed.
MR. CLARKSON. Q. Did I understand you to tell my friend, that he gave you some particulars, in the course of conversation? A. I said after Mr. Brand left the roomt he prisoner and myself had some conversation; I have stated the substance of all that transpired.
COURT. Q. Was any thing further said? A. Nothing.
Q. What were you talking about? A. About his having stolen the goods - he said he had taken them three or four dozens at a time - I asked him what induced him to do it.
WILLIAM BRADLEY . I am a shopman to Messrs. Sharland and Co., Bishopsgate-street, linen-drapers. I sold to Mr. Danby goods similar to these; they are very likely to be the same - they are the same pattern: I have no mark on them - there was no mark of mine on them.
Q. Are those the handkerchiefs you sold? A. Apparently they are.
COURT. Q. Are there tickets on them? A. There are, and I believe they are the same tickets which I saw on the articles I sold - I have no doubt of it; I sold the articles to Messrs. Leaf and Co.
MR. CLARKSON. Q. Do you know the prisoner? A. I have seen him three or four times - I first saw him at Mrs. Wallis'.
Q. How long after you sold the goods did you see the prisoner at Mrs. Wallis'? A. About an hour and a half; I went to Wallis' - it is No. 4 or 6, George-street, Minories - I saw the prisoner there; he asked me if I had not sold some goods to Leaf and Co. - I told him I had, 45l. worth - he told me that he and the party would pay me the amount if I would not call at Leaf's in the morning for the money - I had appointed to call at Leaf's in the morning for payment; the prisoner said if I went in the morning he should lose his situation.
Cross-examined by MR. PHILLIPS. Q. How came you to buy these goods at all? A. I believe my employer had been in the habit of buying goods of Wallis for some years; the firm of Robert Sharland and Co. have been in the habit of buying of her - she does not keep a warehouse that I am aware of; she is a French milliner - she has some show-rooms; I have been in them - it must be a week ago since I saw her last; I do not know where she is now - I do not know that she has absconded - I have not searched for her; I am not aware that my master has endeavoured to find her - I never bought goods there myself; I sold these goods to Messrs. Leaf and Co., in in the name of Bradley and Co.; I am not one on MR. Sharland's firm - I have no partner.
Q. Then did not you sell them under a false representation? A. I did, certainly; I had my reasons for that - they were nothing but honest reasons; it has been done in the trade before.
Q. Do you, in a respectable house, consider it honest to sell goods under a false representation? A. I should not consider it dishonest - it was not done with any idea of fraud; I consider it a crime to tell falsehoods - these goods were in my possession, and I sold them in my own name: I have no company, and they were not my goods - they were mine as long as they were in my possession; I considered them mine when in my possession - I had not bought them; they certainly belonged to Robert Sharland - I sold them in my own name merely to effect the sale; houses have so much prejudice against retail-houses, that I should never have sold them without - I had no intention of fraud; Sharland and Co. have authorised me to sell property in the name of Bradley and Co. - it has been done before; I did it in this instance with their knowledge - I swear to the property by the pattern being the same; I
Cross-examined. Q. How do you know that? A. Because they have been in my possession in my department, within arm's reach of me all day; I go out some times, but the goods have been sealed up - the seal was broken this morning, to count the pieces.
MR. CLARKSON. Q. Do the number of pieces agree with the number you purchased? A. Yes, except half a dozen being over.
MR. DAVID BRAND. I am in partner ship with Mr. James Brand and another. In consequence of information which I received on Friday, I went on Saturday, the 9th of October, to Messrs. Leaf and Co., and found the prisoner there; I had had a communication with Mr. Leaf, the day before, respecting these goods, and spoke to the prisoner on the subject; I did not promise or threaten him in any way whatever - I asked why it was he had betrayed the trust we had put in him - that was the first word I said to him; he said he had betrayed the trust we had put in him, and that he was very guilty - he wanted to know if it was possible the matter could be compromised; I told him No, it must stand on its own merits - he said he did not care about himself, but it would break his wife's heart; he asked a private word with me, and Mr. Danby retired - he said he hoped neither my brother nor me would do any thing rashly in the business; I questioned him as to when he began to pilfer; he said about the time I left London for Brighton, which was about three months ago; part of these articles were shown to him - these spider-bordered goose handkerchiefs, which are of a peculiar fabric; my brother Robert is the manufacturer of them - he lives at Glasgow; we had a consignment of that particular article, not more than two months before - half a dozen of them were brought to our house on Friday evening, from Messrs. Leaf and Co.'s, and were shown to him.
Q. Well, go on with the conversation you had in the morning? A. I asked how many he thought he had taken beside the 45l. parcel produced - he said he believed he did not take more than 5l. or 6l. in addition to this parcel - the six constituted part of the parcel.
Cross-examined by MR. ADOLPHUS. Q. Did this conversation take place between you two alone? A. Yes, he gave the explanation after Danby retired; he had seen the six handkerchiefs the night before, but they were not produced at the conversation, which took place at Messrs. Leaf's, and we had it all over again at our premises.
MR. JAMES BRAND . I am a partner in this house. On Friday I received a communication from Messrs. Leaf's, and in the evening another communication - I went there; a large parcel of goods were produced, which I claimed - one particular pattern we never had sold; the prisoner had lived with us from the beginning of March.
The prisoner received a good character.
GUILTY. Aged 29.
Recommended to Mercy by the Prosecutor and Jury, on account of his previous character and his confession.
JUDGMENT RESPITED .
NEW COURT. THURSDAY, OCTOBER 28.
Third Middlesex Jury. - Before Mr. Common Sergeant.
1866. EDWARD CHURCHILL was indicted for stealing, on the 23rd of August , 1 tea-spoon, value 2s.; 1 flute, value 12s.; 1 pistol, value 2s., and 1 miniature portrait, value 3s. , the goods of Thomas Croft ; to which he pleaded
GUILTY. Aged 14. - Judgment Respited .
GUILTY . Aged 19. - Transported for Fourteen Years .
GUILTY. Aged 30. - Judgment Respited .
GUILTY . Aged 67. - Confined Six Months .
1870. MARY TILLEY was indicted for stealing, on the 17th of July , I cloak, value 10s.; 5 caps, value 11s.; 1 shift, value 1s. 6d.; I petticoat, value 1s. 6d.; 2 handkerchiefs, value 1s., and 1 pair of gloves, value 4d. , the goods of Mary Searles , widow .
ROWLAND SWAN . I am a Police-officer. I know Mary Searles - she is a widow ; I went with her to George-row, and took the prisoner, who was sitting on a basket - I opened it in her presence, and the articles named in the indictment, except the cloak, were in it, which Mrs. Searle claimed; she asked the prisoner what made her steal them - she said through poverty; I believe they had worked at the same place - the prosecutrix asked how she came to send her children out; the prisoner said she was distressed - Mrs. Searle claimed the things, and the prisoner did not - she is not here.
Prisoner's Defence. I called to ask how the prosecutrix was - when I went up the door was ajar, and the two children in bed; I awoke them, and asked how their mother was - they said she was not at home; I asked why they were not up, as it was twelve o'clock - the girl began to cry, and said her mother would beat her, the place not being cleaned, and the fire not lighted; she got up, and washed her little brother - I made the place tidy, and folded some linen for the mangle; I went out and met a person who used to work where the prosecutrix did - she
NOT GUILTY .
The witnesses did not appear. NOT GUILTY .
THOMAS SMITH. I am a gunsmith , and live in Great Portland-street . The prisoner had lived in my employ - I had missed a powder-flask for some time, from a drawer under my work-bench; I went with an officer to the shop of the prisoner and Dudley Allely , in Great Titchfield-street - they had gone into partner ship after they had left my service; I found the powder-flask - I took it, and went over to a public-house; the prisoner came there, and said,"You have stolen a powder-flask from my shop:" I took it out, and said, "This is your property, is it?" he said,"Yes, and I will prosecute you for robbing my shop;" I showed the officer my private mark on it - the prisoner abused me, and went away; the officer kept the flask - here is T. S. on it, which I made about November, last year, with this punch, when I had missed some articles, and marked every thing - here is another mark of S. on it- I have had it these twenty years.
Cross-examined by MR. PHILLIPS. Q. You indicted Allely last Session? A. Yes; and when the trial came on I was away, but it was by the consent of this Court - I was here a minute before, and the trial was called on earlier than was expected; I swear I attended the Grand Jury, and my counsel made a motion for the trial to be put off till five o'clock - I do not know any thing about this prisoner being a witness for Allely; I never, on my oath, heard of it: I had missed this flask some months before I found it, which was three days before the July Session - I had not Green taken before the September Session, because I thought I could find more things, and I was finding where one thing or other went every day; the prisoner had set up in business with Allely when they left me, and I told the landlord I thought that Allely would pay the rent, though he had deceived me, and three days after that I found where he had sold one of my pistols; this flask was not played with by Allely's children - it is one I set great store by; Mrs. Allely did not say, "How can you attack Green or Allely about this, which is not worth 1d., having no spring nor top;" I did not answer, "Oh, I will make it worth more than that by the time I take it into Court;" I did not say so in Joseph Walker 's presence - I have never spoken to him about it; I never said I was determined to get Green and Allely out of the shop, and if one, two, or three indictments would not do, four or five should - I do not know whether they have been thriving in their business; they have kept a good house over their heads till lately.
JOHN BLAKESLEY . I went to the prisoner's shop with the prosecutor, and found this flask on the counter - we went over to the public-house, and Green came and said,"I will indict you for robbing my shop:" Mr. Smith drew the flask from his pocket, and said, "Is this your property?" he said Yes, it was.
THOMAS SMITH re-examined. Q. Why do you say this prisoner stole it? A. There were other persons who had the opportunity of taking it - we found it on their premises.
JURY. Q. Did you take it into your possession when you first saw it on the counter? A. Yes - Green said,"Don't prosecute Allely - I will take the blame of that upon myself."
Cross-examined by MR. PHILLIPS. Q. Why did you take off the top of the flask? A. It was not on when it was found - I never saw the top till this morning.
MR. PHILLIPS to JOHN BLAKESLY. Q. Upon your oath. has it not been brightened up? A. Certainly it has - I do not know who brightened it; it was in the prosecutor's possession above an hour - it was brightened within the hour; it looks better for it - there was a violent altercation between him and the prisoner; the prosecutor asked me to come with him before the Grand Jury, and I said I thought there was enough already.
NOT GUILTY .
JOHN LANGLEY . I am a surgeon, and live in Tottenham-street. I bought this pistol of the prisoner about October or November in last year - I had known him as foreman to Mr. Smith; he did not say how he came by it - it is an old pistol.
Cross-examined by MR. PHILLIPS. Q. I believe you went to Mr. Smith's to purchase a pistol? A. I went and asked Mr. Smith what he would make one for, and he said 25s. or 30s. - I declined that, and the prisoner said he had one to sell; I think Smith was then gone out of the room: then the prisoner said he had something of the sort he thought would suit me; he said it was at home, and he would let me have it on the day following - there was no secrecy or concealment in his dealing with me; any one coming in might have heard it - if there had been any concealment I would not have bought it; I frequently saw Mr. Smith, and attended his family professionally - I believe he never said that he had lost a pistol till he had indicted Allely.
THOMAS SMITH. I know this pistol, and swear it is mine - there is a mark on the cock, and one under the barrel; I made one of the marks - it was sometimes in the window, and sometimes in a drawer; this and some other things were missed the latter end of November; I got it from Mr. Langley in July last - he had given it to a boy in the country; I told him how I had been robbed, and he said he bought a pistol of Allely - I asked him if he would let me have it to bring down to Allely's trial, and I at last
Cross-examined. Q. How long before? A. Before the July Session; but I did not indict him then, because I had not the property - he had given it to a boy in the country; I made inquiry of every one about it; my young man is here to whom I mentioned it; I have repeatedly told him and others - I cannot tell when; I believe about March -I said I had been robbed of three or four pistols, and I had got two of them; I said one of them was a percussion pistol, but I did not particularly describe it - Allely left me in February, but he had sold this while he was in my service; he sold it in November - I did give him a good character on leaving me; I never said that if two or three indictments would not got the prisoners from their shop, four or five should - I never said it in my life, to, or in the presence of Joseph Walker , nor at any time to any body; I never told Mrs. Allely I would transport her husband.
JOHN THROP . I am a jeweller, and live in Clerkenwell. About two months or nine week ago, I saw the prisoner - he said he had left Mr. Smith, and had commenced business for himself, and he had told Mr. Smith he was going to Ireland, but he had met with a friend, and was gone into business - he said, "Mr. Smith seems very bitter against me, and says I have robbed him of a pistol, and you will do me a service to come and give me a character;" I said,"It is a very hard case for me, as I have known Mr. Smith these twenty years."
Cross-examined. Q. He said he was innocent? A. Yes; he bore an excellent character - I went and asked Mr. Smith, and he said he had given him an excellent character, but had since found out he had robbed him; he gave me the card of his shop, but I have not got it.
- I am in the prosecutor's employ; he told me he had lost that pistol and another - he did not describe them in any way; he said he had got another indictment out - this was about two months ago; he did not tell me so in March last.
Cross-examined. Q. Did not Mr. Smith tell you he had preferred another indictment? A. Yes.
MR. SMITH. I wish you to ask him whether, on the day this trial was put off, Allely, Green, and his party, did not overtake me in Holborn, collect a mob round me, and put me in bodily fear.
MR. PHILLIPS. Q. Upon your oath, how came you to swear that you described that pistol to him? A. I did.
Prisoner's Defence. I am innocent; I left his service, and he has been determined to get me out of my shop.
JOSEPH WALKER . I am a working-jeweller, and live at No. 8, White Lion-street, Pentonville. I know the prosecutor; I heard him say that he was determined to get the prisoner out of his shop, and if two or three indictments would not do, four or five should, and that such was his connexion, that to carry his point against any man, he would find as many witnesses as he could find half-crowns.
NOT GUILTY .
CHARLES LETHBRIDGE . I was servant to Sir Thomas Tyrwhitt on the 4th of this month. This spoon is his property, and was missing, but I did not know it till the Policeman brought it back - I know nothing of the prisoner; I had seen the spoon safe on the Sunday before.
SARAH GOSS . I saw the spoon in the bosom of Susannah Sloane , in Abingdon-street , not far from Sir Thomas Tyrwhitt 's house - I think it was on Monday; it was a day or two before I went to the Magistrate - I did not observe very particularly what she had; I did not see the other prisoner - I do not know whether this is the spoon; I only saw the head of it - it was at half-past six o'clock in the morning.
SIMEON BENJAMIN . I am errand-boy to Mr. Solomon, a jeweller, Rugg came to his shop about nine o'clock, on the 5th of October, and asked us to buy this spoon - I weighed it, and gave her half a crown for it - she said she had found it; I put it into the till to show my master - I saw it again in about five minutes, when the Policeman came; I am sure I gave him the same spoon.
WILLIAM MACKENZIE . I am the Policeman. I went to the house in Princes-street, and got this spoon - I was going down the street, and saw the two prisoners together; I saw Sloane give something to Rugg, who went into the shop; the other stood opposite - I waited till she came out; I then went and asked them what they got for the spoon; they said, "What spoon?" I said I had seen her selling a spoon in the shop as I passed by - I again asked what they got for it, and Rugg said 2s. 3d., and as we were going into the shop, she put 3d. into Sloane's hand, and said 2s. 6d., and they had found it in St. Giles' - I got the spoon, and found whose crest it was at the College of Arms.
SARAH GOSS . I serve the family of Sir Thomas Tyrwhitt, with milk - I went to the house that morning, and Sloane carried my pails; she waited in the kitchen while I put the milk into the basin - after we had left, I saw the spoon, and asked where she got it; she said a lady where her mother lived had sent her half a dozen.
SLOANE - GUILTY . Aged 17.
Transported for Seven Years .
RUGG - NOT GUILTY .
1875. MARY WAKELING and SARAH WAKELING were indicted for stealing, on the 14th of September , 8 silver table-spoons, value 2l. 16s.; 8 silver teaspoons, value 16s., and 2 lace veils, value 10s. , the goods of Elizabeth Sparks , widow .
ELIZABETH SPARKS . I am a widow, and live in Norris-street, Haymarket . On the 14th of September I missed a great many silver spoons, a ladle, and other things, two veils, some lace, and a great deal of wearing apparel; I accused Mary Wakeling, who was my servant , of it - she denied it very strongly indeed; I threatened to send for a Police-officer - she begged I would not; I did not threaten her or make her any promise - she confessed she had taken them to her mother, and if I would not send for the Policeman she would go and bring them; I let her go - she came back in an hour or two and said I should have them the following day; she went the following day, and said perhaps I should have them in the course of a week - I sent for her father; he said he knew nothing of it - he was very much shocked; he went, and broughtSarah Wakeling , only that she used to come to her sister - these are the articles her father brought me.
Cross-examined by MR. PHILLIPS. Q. Did you not tell the father, that if you got the things you would not prosecute? A. No - he said to prove his own honesty he would do every thing in his power to get the things; I did not say I would not prosecute if he would give me 4l. - I said the things would cost 4l. to make them good, and I hoped he would not let me have that additional expence to take them out: the mother came to the house sometimes, but not to speak to me - I believe she has been taken up; I went to the office, and the Magistrate said the mother ought to be taken up - I believe I am obliged to prosecute her; she had not an opportunity of taking any of these things, to my knowledge - I do not know that she ever entered my room; she could not have got to my room without her daughter let her - it was always locked, as I had a shop in the Arcade; either I or the girl had the key - I lodge at the house; I never saw the mother at Norris-street - I have seen her at the Arcade, and I have lost some things from there.
Cross-examined. Q. How came you not to ask her how she came by them? A. I asked whose they were; she said her mother's, and told me where she lived - I did not go to see where she lived; I saw E. M. on them, but it is very seldom that people pawn in their own name - she came at various times to bring things, and to take them out.
THOMAS COX . I have three table-spoons and a lace veil, pawned with me by Sarah Wakeling ; I have known the mother as a customer upwards of twelve months, by the name of Wakeling; Wyatt's-place is near Strutton-ground.
Cross-examined. Q. Did you know what the mother was? A. No; I think the value of this veil is 2s. or 3s. - it is an old one; I lent 9s. on each of these spoons - Strtuton-ground is about half a mile from our house; I do not know that I looked at the initials on the spoons, knowing that the mother was a regular customer; it did not strike me as odd that she should have such valuable property - she sometimes brought a spoon and took out some clothes, so that there never was but one in the house at a time.
JURY. Q. You said there never was but one in the house at one time? A. Only one pawned at a time.
JOSEPH SADLER THOMAS . I am a superintendent of the Police. I was sent for, and went to Wyatt's-place, Palmer's-village, which is beyond Strutton-ground; I took the two prisoners - the elder one admitted that she had taken the things, and the other had pawned them - they said they had never had a farthing of the proceeds, the mother had had all the money, and I have good reason to believe that was the case; I have taken up the mother.
M. WAKELING - GUILTY. Aged 15.
Recommended to Mercy - Confined Three Months .
S. WAKELING - NOT GUILTY .
JAMES ELLIS . I reside in Dublin, but was in Queen-square on the 23rd of September - a person ran after me in Curzon-street , and said my pocket was picked; I felt, and missed my handkerchief - the person said the thief had run down the passage; I followed immediately, and saw the prisoner running as fast as he could - I ran, but could not catch him; I called Stop thief! he was taken in my sight, and brought into a shop - the officer came up, and the handkerchief was found on the prisoner; this is it.
Prisoner's Defence. I had it in my hand, it was not in my breast - I was on my way to Sir Walter Stirling 's, with whom I had lived as groom, and he sent for me to dress his horses; there was a boy in a white apron on before - there were some persons running, and I did the same; my foot came in contact with something on the ground, and I found it was this handkerchief.
JURY to MR. ELLIS. Q. From your missing your handkerchief till you saw the prisoner, what time elapsed? A. Not half a minute - a baker told me he saw the boy pick my pocket; he had not time to throw it away - I ran so fast, he was taken in about three minutes; the prisoner was the only one I saw running.
GUILTY . Aged 17. - Transported for Fourteen Years .
JAMES MICHAEL GOODALE . I keep the Monster public-house, at Pimlico - the prisoner's daughter lived in my service, and she came there at times. On the 22nd of September a person came and asked if I had lost any silver spoons - I went up stairs, and missed one; the person said Mrs. New had the duplicate of one to sell - I saw the prisoner at the station-house - I charged her with taking it; she said she was very sorry, and cried very much.
Cross-examined by MR. LEE. Q. Her daughter was in your service? A. Yes, for eight or nine months; she left me on the 25th of September, I think - I had seen the spoon on the Sunday before; it was always laying about -I have known the prisoner some years; she is given a little to drink, but I know nothing against her honesty; when I saw her at the station she did not say she took the spoon, but that she had pawned it - she did not say."I am very sorry I pawned it, but I did not take it;" no other conversation took place.
GUILTY . Aged 56. - Confined Six Months .
JOHN JULIAN . I am a Policeman. I stopped the prisoner in Litchfield-street, Soho, on the 27th of September. with this piece of brass; I asked what it was - he said a bit of wood; I had suspicion, and looked - he then said it was a brass fender, and he was going to take it to his master's; I have fitted it to the prosecutor's window, and it fits exactly.
GUILTY . Aged 39. - Transported for Seven Years .
JOSEPH HARDING. I keep the Green Coat-boy in Tothill-fields, Westminster . The prisoner was in my employ, and was in the habit of taking 15s. in silver, and 5s. in copper, every day, to a person named Young, to pay the work-women; on the 28th of August, he took it between ten and eleven o'clock, and I saw him no more till he was taken up on the 9th of October; he said he had nothing to say - he lived five years with me.
Cross-examined by MR. CLARKSON. Q. You have told my Lord that he went with a pound the 28th of August - were you at home? A. Yes, and I saw it given him - it was for Mrs. Young; they used to send once a week down to me as many sovereigns as I had sent pounds - I believe I had received a payment on the Saturday evening before the 28th of August - that was on a Saturday; I had received it on the Saturday night or the Sunday morning; Mr. Young used to bring it down - I never suspected the prisoner before, though I knew he was a little addicted to drink.
Cross-examined. Q. Are you married? A. Yes - my husband works out in the day; I had a servant - I did not expect the money on the 28th, as I had told the prisoner not to bring it; I had not sent him to his master for it that day - I received it every day, unless I told him not to bring it; I am quite sure I told him on the day before I should not want any that Saturday - I think he had brought the money for four years.
COURT. Q. Were you out that day? A. No; I am quite sure I was at home the whole of that day - sometimes he has given the money into the hands of my sister-in-law, but she gave it instantly to me; she was there that day.
GUILTY . Aged 23. - Confined Four Months .
EDWARD GORDON. I am in no profession. On the 19th of October I met the prisoner, and was foolish enough to go down a dark passage with her - I was a little elevated in liquor; I did not change the state of my dress in any way - I only talked with her - when I put my hand into my pocket to give her a trifle, to get rid of her, I missed my purse; I took her hand, and said I should give her to a Policeman - she threw herself down, but finding I was resolute she gave herself up; the purse was afterwards found on the spot where she had been, and I then recollected I had seen her throw something behind her; this was near two o'clock in the morning - the purse had been in my trousers' pocket.
JOSEPH WEBSTER JONES . I am a Policeman. The prosecutor applied to me, and I took the prisoner in Knightsbridge, at a quarter-past two o'clock in the morning: I found six shillings and six sixpences in her hand - she said to another woman, "Go and find the purse;" I took the other woman that she should not go - the prisoner did not say any thing to me about the purse; I went and found it in the place the prosecutor had described - he said he had 9s. or 10s.; I had the money then, but did not know what there was of it - this is the purse - the prosecutor might have been drinking, but did not appear any way in liquor.
The prisoner put in a written Defence, stating that the prosecutor had given the contents of his purse to her, saying that it was not much, and afterwards wanted it back, as she would not allow him to take indecent liberties with her.
EDWARD GORDON. I am quite sure I did not give her the money; I did put my hand to my pocket to give her a trifle, as I had been foolish enough to talk to her.
GUILTY . Aged 26. - Transported for Fourteen Years .
1881. CHARLES BAILEY was indicted for stealing, on the 14th of October , 1 shirt, value 3s. , the goods of John Brown ; and JANE BAILEY was indicted for feloniously receiving the same, well knowing it to have been stolen .
JOHN BROWN. I live at Mr. Waites', Wormwood-street - I send my linen to be washed at Edmonton . On the 12th of October I sent a shirt and some other things, tied up in a butcher's blue frock; I gave them to Shadholt, the carrier - this is my shirt.
SARAH SPURR . I am the prosecutor's mother. I received the bundle from the carrier, and put it into the shed on the 13th of October, and next morning I missed all but the apron; the prisoners are mother and son, and are neighbours of mine.
Cross-examined by MR. LEE. Q. About how far do they live from you? A. Across the fields; I think it is about three hundred yards; this is the shirt - the collar of it has been sloped; it was straight before - the initials are on it, marked with marking thread.
Cross-examined. Q. Had you known her before? A. Yes; she had often been in the habit of pawning things at my house.
JOHN BROWN. This is my apron - it is nearly new, and has been washed but once.
NOT GUILTY .
FRANCIS HARRISON . I am a silversmith , and live at Nos. 185 and 186, Tottenham-court-road ; the prisoner was in my employ. On the 2nd of October, about five o'clock, I gave him 15l. to take up an acceptance at Mr. Campbell's - he took it, and never came back; on the Thursday week he wrote me a letter from Rochester - he had been two months in my employ.
JAMES CAMPBELL . I called on the prosecutor for the payment of the bill; he said he would send it before five o'clock, by his boy - I went home about four o'clock, and staid till six; I never heard any more of it.
GUILTY . Aged 16. - Transported for Fourteen Years .
THOMAS MASH . I am a cabinet-maker , and live in Wardour-street . I did not miss this article till I saw it at Mr. Oxenham's sale-room; he has a sale every Wednesday, and sends me a catalogue - I was going past on the 20th of October, and went in; I saw this rosewood ottoman of mine - I had not sold it; they are sold in pairs, and I have the other one to match it.
ROBERT SMITH . I am a broker, and live in Lowndes-court. On the 14th of October a person named Morgan came to me with the prisoner - he said, "Smith, will you purchase a footstool?" - I said, "It is an article I don't want;" he said, "What would you give for it?" - I said,"What do you want?" he said 5s - I said, "That is more than it will fetch me;" he said, "What will you give?" I said, half-a-crown - he left it, and took the money; Morgan said the prisoner had made it himself; I kept it till the Thursday following, and sent it to the sale.
JOHN ANDREWS . I am a constable; I took the prisoner - he said he took the ottoman for a debt of 5s. of a man of the name of Davis - he gave us his direction, which proved false.(Property produced and sworn to.)
Prisoner's Defence. I received it from a person in Princes-street, who owed me 5s. - I met Morgan; I asked him where I could sell it - he took it to this witness.
NOT GUILTY .
MADELINE TRIPP . I am the wife of Charles Bowles Tripp ; we live at Bristol. On the 28th of September we were at the Gloucester hotel , the prisoner was servant there - I missed a handkerchief and collar from my box, and spoke to her about them; she said she had not taken them - no other person could have taken them.
JOSHUA FREDERICK CLEMENTS . I am an inspector of the Police; I have a handkerchief and collar which I got from the prisoner's box - she had been brought to our station-house for being drunk; she owned it was her box, and sent the key which opened it - I have since sent to Newgate the gown and handkerchief she now has on.(Property produced and sworn to.)
The prisoner put in a written defence, stating that she had found the collar on the stairs after the prosecutrix inquired about it, and that she intended asking if it was hers; the handkerchief she had found in the water-closet.
GUILTY . Aged 21. - Transported for Seven Years .
JEMIMA MORTER. I am a widow - I lost these things from my wash-house at Chelsea ; I do not know the day, nor when I had seen them; this handkerchief looks like mine, but there are so many a like I cannot swear to it.
Q. Do you believe it to be yours? A. Indeed I do not know - this scarf is like mine, but there are so many alike, I do not know it; I was so frightened at the office, I do not what I said - the prisoner Morter is my son.
WILLIAM BROWN . I am an officer. I took the prisoner Harvey, and he acknowledged pawning a handkerchief and scarf, and said Morter told him he had picked them up, and gave him 6d. to pawn them, that they and Trigg shared the money together.
JOHN TRIGG . I saw the prisoners in Green's field on the 22nd of September; Harvey said, "We have something we are going to have a spree with;" he asked me to go with them; I said I would - I did not see the handkerchief or scarf; I was on the other side of the road when Harvey went to a pawnbroker's with something, I do not know what - I did not see him pawn the handkerchief.
Q. You swore you did see him pawn it before the Magistrate? A. No, I did not.
NOT GUILTY .
SARAH ALLEN . I am servant to Henry Harris Fox; he lives in Hatton-garden - when I came down on the 18th of October, two men were repairing the flue of the chimney; I saw the prisoner there afterwards - he staid some time, and went away between eight and nine o'clock; I missed a silver table spoon, which I had used and left on or near the sink.
JAMES JACKSON . I am a chimney-sweeper ; the prisoner was in my employ; I was at the prosecutor's house- I afterwards heard of the spoon being lost, and charged the prisoner with it; he denied it - I took Mr. Fox to my house, searched, and found it in the cellar, broken in two; there was another young man with me at the house, but he did not stay five minutes.
HENRY HARRIS FOX. I saw the prisoner, and heard him say something, but did not distinctly hear what it was.
Prisoner's Defence. There was my master and another man in the house, and when the man was gone the spoon was missed - I never saw it.
NOT GUILTY .
John Skinner .
JOHN SKINNER. I am a fruit-salesman , and attend Covent-garden market - I had a pile of baskets of apples on the 28th of September; I missed one - Mr. Smith and I went in search of it - I found the prisoner at the watch-house with the apples; I believe they were mine.
Cross-examined by MR. PHILLIPS. Q. Had you known the prisoner before? A. No; I went in pursuit of the apples - it is the custom for salesmen to lend their baskets, and they are brought back; but they leave the money for them - it was between ten and eleven o'clock.
WILLIAM SMITH . I am a fruit-salesman. On the 28th of September Mr. Skinner told me he had lost a marn of apples - I went and saw the prisoner in Henrietta-street with it; he set it down, and said he would go and pay for it - I said it was too late; I collared him; the officer came up - he got from my hold and struck me, but he was taken - I had known the marn before; it had the bottom nearly out.
Cross-examined. Q. Did not he ask you to take them back to the market, and he would show you the person he had them from? A. He said he would take them back, and pay for them - no other person was within hearing, to my knowledge.
THOMAS POWELL . I am keeper of the market. I came up, and found Mr. Smith had hold of the prisoner; I took his arm loosely, to go to the watch-house - he snatched it from me, struck Mr. Smith, and ran about twenty yards, but was taken; he said in the watch-house that he bought the apples of a tall man; the man was brought there - he did not go to the market, nor ask to go.
Cross-examined. Q. How did you know the man? A. He is a remarkable tall man; there is not one so tall as he is - the prisoner had offered money for the apples, and given 8s. 6d., but the man would not take it, and then he said he took them, but he did not know what induced him to take them, without the devil did, and he was not happy till he took them.
Prisoner's Defence. I bought the apples, and paid for them.
GUILTY . Aged 40. - Confined Two Months .
1888. THOMAS BRYANT was indicted for stealing, on the 6th of October , 1 yard of silk, value 5s.; 6 hanks of sewing silk, value 1s. 6d.; 2 collars, value 3s.; 20 buttons, value 1s.; 1/2 a yard of woollen cloth, value 6s.; 1 pair of sleeve linings, value 1s., and 40 yards of listing, value 2s., the goods of Francis James Nugee , his master ; to which he pleaded.
GUILTY. - Judgment Respited .
ELIAS RICHARDSON. I am a tailor , and live in Berwick-street. Soho. On the 10th of October my hat was on my head, and the handkerchief in it; I was sitting asleep on a doorway in Green-street , at four o'clock in the morning, and when I awoke I missed them - I do not know the prisoner - I do not know who took them.
JOHN WALKER . I am a Police-officer. I was informed by a milk-woman that a man was sitting asleep in Green-street; I went towards the place, and met the prisoner with this bag in his hand - I asked what was in it; he said a few bones - I took it, and found this hat and handkerchief in it; I went on, and saw the prosecutor thirty yards further, without his hat or handkerchief.
Prisoner's Defence. I was discharged from the army three or four months ago, and was forced to go about to collect a few bones - I picked up the hat and handkerchief.
JURY to ELIAS RICHARDSON . Q. Can you swear the hat was on your head when you sat down? A. Yes - I went to sleep, I should imagine, for about a quarter of an hour; I cannot tell whether it was taken off my head - I was not in liquor.
NOT GUILTY .
JOHN ROBINS. I am a wheelwright . On the 12th of October I was at work in Mr. Rouse's shop, in Hampstead-road - these tools are mine, and were on the bench; I left them in the evening, and went between six and seven o'clock in the morning, and they were gone; the prisoner had been employed there, but was discharged the same evening.
Cross-examined by MR. PHILLIPS. Q. Have not you and the prisoner had some dealings? A. Yes - I did not owe him 8s. 2d.; I had some things of him, but paid him for them one at a time - I cannot tell what I paid; I did not pay 10s. - they were not worth so much: I had four or five chisels, a drawing-knife, and some little things at one time - I bought a duplicate of a smoothing-plane of him, and got the oil-stone out myself; I did not return them to the prisoner - he never demanded 8s. 2d. on the remainder of what was due to him; I never told him I would pay him what I could in the evening - I did not return him any of these things; I left the shop with my master, and locked the door - I did not tell my master they were stolen, because I thought he would be angry at my owing money - these are not the things I bought of the prisoner.
Prisoner's Defence. He was indebted to me 10s., and I went to him for it - he told me not to say any thing to his master, but he would give me his axe and screw-wrench; I might pawn them in his name, and he would redeem them on Saturday night, when he received money from his master - he fetched the tools out of the shop in the evening; there is no door to the shop.
JOHN ROBINS. I was not in the shop after seven o'clock- there are doors to the bottom of the yard, and they were shut; there are carpenters and other persons up the yard
JURY. Q. Have you any reason to believe he was let in by the carpenters? A. I cannot say, but my tools were safe overnight; the Policeman took the duplicate.
WILLIAM ROBINSON . I am a wheelwright, and live at Battle-bridge. The prosecutor came and told me he had lost his tools, and asked if I had seen the prisoner - I said No; he said if I did I should give him in charge - he said he had lost an oil-stone, axe, and wrench; I saw the prisoner in about half an hour afterwards, which was about three o'clock, on a Wednesday, at the Maidenhead public-house; he had two planes with him, which he offered me for sale - he was tipsy, and the planes were left there; I followed him towards Somers'-town, and gave charge of him.
WILLIAM COPE re-examined. Q. Do you know the gates? A. Yes, my master lives at the corner; the gates were open, and the prisoner went right up into the shop, between seven and eight o'clock.
GUILTY . Aged 33. - Transported for Seven Years .
ROBERT MATTHEWS. I am a master wheelwright . I lost two hand-saws, a trying-plane, a circular-plane, and a hand-plane, on the 12th of October, when the doors were done up the chest in which these were was done up, but I do not know whether it was locked; the planes I saw were two of them - they had my name and the maker's name on them.
WILLIAM ROBINSON . I took the prisoner on the 13th, and found the planes on him, but the Policeman who has them is not here: the prisoner was rather tipsy, and let them fall at the bar - they were left there till the morning - the same planes were shown to the prosecutor, who claimed them; the prisoner offered them to me for 1s. 6d.
Cross-examined by MR. PHILLIPS. Q. Where did you see them? A. At the bar of the Maidenhead; they were left with the servant, who is not here - I took notice of them, and have seen them since at the office; the Policeman took them there - that was the day after they were taken.
ROBERT MATTHEWS. They were two of the planes I lost; I saw the Policeman take them off the board at the office.
Prisoner's Defence. I bought them for 3s. of a man who came into the Maidenhead in distress - he said he was a carpenter.
MR. MATTHEWS. He said he bought them of a man, but he did not know who he was, and the Magistrate said,"You are the thief."
Cross-examined. Q. Did he not say he had given 3s. for them? A. No.
GUILTY . Aged 33.
Transported for Seven Years, to commence from the expiration of his former Sentence .
JOHN BUGG. I am a cordwainer . On the morning of the 22nd of October I was coming over Westminster bridge, about seven o'clock, and followed the prisoner - I asked her if she would go to Mr. Smith's, the gin-shop, and have a glass of gin; I had never seen her before - I left a sovereign with Mr. Smith; I then went up St. Martin's-lane, and to Long-acre, with a young man - we had something to drink; I then went home with the prisoner to Westminster , I called and got my money; I went home with her about twelve o'clock - we undressed, and went to bed - I went to sleep - about two o'clock a woman awoke me, and said she supposed all was not right, as the girl had run out with some things under her clothes; I then missed two waistcoats, my silk handkerchief, which had been round my neck, my braces, and my money; the woman told where the prisoner was - the Policeman went and found her, with this handkerchief in her bosom; there was some money found, and I said if it was mine there was a burnt halfpenny among it.
Prisoner. He gave me the handkerchief and snuff-box, Witness. No, I did not; I did not buy the box till I came out of the Park, and she said I gave it her in the Park.
WILLIAM CLIFTON . I am an officer. A boy came to the station-house, and said a person had been robbed of his clothes and money - I went, and saw the prosecutor, who said he had been robbed by a girl whom he went with to No. 7, Almonry; he described her, and I went to No. 2, Jeffry's-buildings ; I found the prisoner in the first floor front room - I called in the prosecutor, who said that was the woman; I found this handkerchief in her bosom; when I went in she had her hands in a tub partly full of dirty water - I looked for the clothes, and found these two waistcoats, which the prosecutor claimed; I searched the tub, and found 2s. inhalfpence in it - one of them is burnt, and the prosecutor picked it out before the Magistrate.
Prisoner. He never mentioned about the halfpenny till I was at Queen-square; he said he could not swear to any money - he had seen them at the station-house: I asked him before if he had any halfpence, and he said No.
JOHN BUGG . These are my waistcoats - one of them I have on; I had three half-crowns, which, while she was gone down stairs to pay for the room, I had put under the hed, as I had heard people say they would rob you in Westminster - I had come to town by the waggon.
Prisoner's Defence. A young woman searched me, and she said, "The man has got his money in his hand;" he afterwards said it was money he had placed under the bed, but he did not say that till the young woman saw them in his hand - he gave me the handkerchief to wrap up the snuff-box in; what he says about the halfpenny is false.
GUILTY of stealing, but not from the person . Aged 21.
Transported for Seven Years .
CHARLES PALMER. I am a clerk in the Common Pleas office , Temple, and live in Norfolk-place, Shacklewell . - When I came home my servant told me these boots were gone; I had seen them safe in the morning of the 22nd of
MARY SIMPSON . I live with Mr. Low, in Londonfields; before that I lived with Mr. Palmer. The prisoner came to his house one Wednesday, about three weeks ago - he said Mr. Palmer had called upon him, and sent him for the boots - I let him have them, and he took them away; I had never seen him before - he wanted to stay till Mrs. Palmer came in, but I said he had better not, and I did not open the gate.
JOHN GROUT . I am servant to Mr. Rayner, a butcher. I was at Mr. Palmer's with some meat one day in September; I saw the prisoner at the gate with the servant - he had some boots tied up in a bundle, and took them away.
Prisoner's Defence. I was out of work for a day or two - I met a young man; he asked me to go and sleep with him - in the morning he said, "If you cannot get work I will tell you how to get some - go to Mr. Rayner's, and the lad will tell you where Mr. Palmer lives - go there and ask for three pairs of boots, but (says he) the butcher must go first, and see if Mr. Palmer is at home;" he went, and said he was not - the young man went, got them, and gave the butcher 1s. for telling him.
GUILTY . Aged 20. - Transported for Seven Years .
FREDERICK PURDY , JUN. I am the son of Frederick Purdy, who is inspector of colonial-produce to the London-dock Company . On the 13th of October I heard a noise in our passage, and the servant ran up to me; in consequence of what I heard I came down, and saw the prisoner in custody of two men - they asked if this coat and waistcoat were my father's; I said Yes; the prisoner was then taken to the watch-house - one of the men said the saw the prisoner come out of our house, but he did not particularly observe him - that he had these things under his arm; the girl told him the things had been taken, and he followed him, saw him stopped, and he believed he dropped something, but he did not see him - the other man said he saw the prisoner drop this coat and waistcoat; the prisoner did not say any thing till he was before the Magistrate.
JONATHAN BOOTH . I saw this man running from the prosecutor's - I did not see him come from the house; I saw something dropped by him, as it appeared to me - there were several persons running, but the prisoner was the first; I really believe he dropped them - I certainly saw him stopped.(Property produced and sworn to.)
Prisoner's Defence. I was looking for work, and saw some persons running - I was taken, but I do not know what for.
NOT GUILTY .
JOHN HART . I lost a bag of coffee on Saturday night, the 16th of October, from inside my shop in the Strand - a gentleman and lady saw the prisoner dragging it away; they told me of it, and my lad ran after him, and told the Policeman, who stopped him with the coffee, and brought him and the coffee back in about ten minutes; my name is on the bag - it had been about one yard within my shop.
JOHN EDWARDS . I am a Policeman. I stopped the prisoner with this bag of coffee, about eleven o'clock on Saturday night, the 16th of October - the prosecutor's boy told me of it; I took him to the shop - he first said he had found it, and then that a boy had given it to him.
Prisoner's Defence. A boy came by, and said to me,"Will you take this?" I said No - he put it down, and ran away; I took it up, put it on my shoulder, and was going to take it to my mother's, to see what it was - I saw the Policeman and a boy; they took me to Mr. Hart's shop.
The prisoner received a good character.
GUILTY. Aged 17.
Recommended to Mercy by the Jury . - Confined One Year .
DAVID JONES . I am in the employ of Evan Thomas, a linen-draper , of Ratcliff-highway . On the 28th of July, at a quarter-past ten o'clock at night, the prisoner came and asked me to show him some purses - I showed him some, which he refused; while I was looking for some others he took nine silk handkerchiefs, and put them into his hat - when I turned round he was putting his hat on; he then threw the handkerchiefs down, and ran out - I pursued, and overtook him.
DAVID THOMPSON . I am a Police-officer. The prisoner was given into my charge - I saw him running without a hat, and four or five persons after him: I crossed, and saw Jones stop him - I had not lost sight of him; he had got about fifty yards from the shop.(Property produced and sworn to.)
The prisoner put in a written Defence, declaring his innocence. He received a good character.
GUILTY . Aged 18. - Confined Four Months .
Fourth Middlesex Jury, before Mr. Sergeant Arabin.
FRIEND WATERS. I am a carpenter , and live in Cock-court, Haymarket. On the 8th of October, between twelve and two o'clock in the morning, I met the prisoner near the Haymarket - she asked me to go to a house; I refused, and left her - I had been out with a friend, but was perfectly sober; the prisoner came to me again, and I went with her to No. 11, Little Dean-street, Soho - I went up one pair of stairs; I believe I gave her 4s., and put my purse, containing the property stated, into my trousers pocket - I then undressed, and went to bed; she did not come to bed - she might sit on the bed - I felt the money safe in the room, and then I put my trousers under the pillow; she then left the room, and
RICHARD HICKS . I am a Police-constable. At half-past two o'clock the prosecutor said he had been robbed by a woman, whom he described - I knew her, and went about six in the morning; I waited where she lived till she came home - she wanted to go up stairs, but I would not let her; I took her to a public-house; she said I was welcome to search her - she pulled off her shawl, and this purse fell from it, which contains 2l. 16s. 6d.
Prisoner. I told you the gentleman gave me the money and purse. Witness. No, she did not - I should not have searched her if she had; when I found this she said it was given her.
RICHARD HICKS. This is my purse; I have had it four months - I know it by a part which is worn; the prisoner is the girl I met, and I described her to the Policeman.
The prisoner put in a written Defence, stating that the prosecutor was intoxicated, and had made her drink five glasses of brandy. after which he gave her the purse and money.
RICHARD HICKS . I treated her with one glass of brandy, and no more; I had spent the evening with my friends, and had been nearly to Hampstead - I was not drunk; when I first went out I had about 3l. 5s. with me - I had paid a bill of 4s. 6d., and 4s. I gave her.
GUILTY of stealing, but not from the person . Aged 25.
Transported for Seven Years .
THOMAS PRYSMAN . I live with a grocer in Spa-fields. On the 26th of September, about half-past nine o'clock, I was in St. Martin's-lane with my aunt - I had a pocket-book and a purse with a half-crown in it; I went up to a public-house to notice who was in there - I felt something at my pocket, turned and saw the prisoner: I said to my aunt, "I think that lad has been at my pocket" - she spoke to a person near and said, "Take care of that little lad;" we passed on about two yards, and she said,"Have you lost any thing?" - I put my hand to my pocket and missed my pocket-book; we went to the prisoner - my aunt passed her hand by his pocket, and drew the book out; she said, "Is this your's?" I said Yes - my aunt then began to scold him, and gave him a smack of the face - we passed on, and she said, "Have you lost any thing else?" I then recollected my purse had been in the same pocket - I felt and that was gone; I ran and found the prisoner in St. Martin's-court, but could find nothing on him; the Policeman came up and took him.
MATTHEW HARDING . I was on duty, and seeing the people round the bottom of the court, I went and asked what was the matter - the prosecutor told me he had been robbed of his pocket-book and purse; I searched the prisoner, but found nothing on him - the prosecutor had the book then, and I saw it at the station-house.
Three witnesses gave the prisoner a good character.
GUILTY. Aged 12. - Judgment Respited .
1899. FRANCES BRIGHTWELL was indicted for stealing, on the 11th of October , 1 umbrella, value 3s.; 1 collar, value 2s.; 2 yards of lace, value 3s.; 1 apron, value 6d., and 1 ruffle, value 6d. , the goods of Lydia Church .
LYDIA CHURCH . I have known the prisoner four months. I go out to work, and lodge at No. 14, Shepherd's-market . The prisoner used to go out as housemaid - I went into the country to see a brother who was very ill; a man left his wife in my place, and I said if the prisoner came she might come, but I would not take any stranger into my place - I had two rooms; I left my apartments for about seven weeks, and left the property stated in a box, but it had no lid - the umbrella stood behind the door; when I returned the prisoner was gone to a situation - I missed the property; I found the lace of my gown, and apron and umbrella where the prisoner was living servant - I got her direction from her sister.
WILLIAM FORD . I am a Policeman. The prosecutrix applied to me, and said she had been robbed - we went to the prisoner's sister, and found where she lived; we went and found her at No. 6, Charterhouse-square - Mrs. Church said to her, "I have lost some things out of my lodging, and I suspect you have some of them;" she said No, and made quite a laugh of it - she said, "I should like to look into your box;" she said she should not let her without a Police-officer - I said I was one; we then found these things in her box, which the prosecutrix claimed.
Cross-examined by MR. LEE. Q. Are you single? A. I am a widow - I have not lent this umbrella to the prisoner; I lent her one at various times - I have given her permission to use what was proper and necessary for her; I left town in September, and returned three weeks last Monday - she was at liberty to use any thing but wearing-apparel; these things might by chance have been put in among hers.
NOT GUILTY .
JOHN JAMES GUNNELL . I am an officer. On the 22nd of October I was in Berwick-street, about half-past nine o'clock in the morning; I saw the prisoner with a bundle, he passed me, and had two other boys in his company - I saw him run from the other boys, and went and took him; I asked what he had; he said three pairs of shoes which he had brought from his master, Mr. Jones, in the New-cut, and he had been to Somer's-town with them - that they did not fit, and he was going to take them home again; I took him, and found the owner; this ticket was on them.
Prisoner's Defence. A boy dropped them, and I took them up.
GUILTY . Aged 19. - Transported for Seven Years .
Henry-street . Between three and four o'clock in the afternoon of the 21st of October, Mr. Frearson came and said, "Stop that girl, she has stolen a veil from the door;" I pursued her, and saw what I supposed to be the veil - I took her, and said she had taken it; she said she had not - I kept her till the Policeman came; I then saw the veil in his hand.
GEORGE POWELL . I am a Policeman. I went up and took the prisoner; I turned her round, and the veil dropped behind her on the ground - it appeared to drop from her person; it was half on her gown, and half on the ground.
Prisoner's Defence. The young man came and told me I had taken the veil; I said I had not - they both took hold of me; a little girl ran up with it in her hand.
NOT GUILTY .
JOSEPH BIRD . The prosecutor is a broker , and lives in Goodge-street . On the 24th of September, at half-past nine o'clock in the morning, I saw the prisoner looking into his shop - he then went in and brought out the looking-glass; I went and asked if it had been paid for - they said No: I ran and saw the prisoner in John-street - he put down the glass; I lost sight of him for a moment in Windmill-street, but he was taken soon afterwards.
Cross-examined by MR. LEE. Q. Is this a pretty good thoroughfare? A. Yes; I had never seen the prisoner before - I saw him go in and come out with the glass; the prisoner had turned a corner before he put down the glass - I lost sight of him then for a few minutes, but when I saw him again he had the glass; I took up the glass - he then turned the corner of Windmill-street, and I lost sight of him, but I can take upon me to swear he is the man.
WILLIAM PRICHARD . I heard Stop thief! called and saw the prisoner run - a man caught him, and he said,"For God's sake let me go, there goes the thief," but he was the foremost man; I took him, and met the witness turning the corner with the glass - there were a few boys running after him.
Cross-examined. Q. Is the gentleman here who stopped him? A. No - he was a gentleman going by; he did not say, "If that is the person who took the glass, he must have come a different way to this man" - he let him go, and I took him.
DAVID THOMPSON. This is my glass, but I was not at home - I missed this glass.
Prisoner's Defence. I had been to Paddington, and was returning home through Windmill-street - I heard Stop thief! called and ran as others did, when a man stopped me and detained me three or four minutes; I said I was not the man, but he might search me - I did not know what had been taken; he seeing the mob run in a different direction to me, let me go; the Policeman then came up, and in about six or seven minutes this man came up with the glass, and said, "This must be the man as I never lost sight of him," and at the office he said he did lose sight of me - I never was in John-street.
The prisoner received a good character.
GUILTY . Aged 28. - Confined Three Months .
WILLIAM BEET . I am a tailor . I was by Westminster-hall between two and three o'clock in the afternoon of the 30th of September - I felt my handkerchief taken from my pocket; I turned, and saw it in the possession of the prisoner, who was making his way through the crowd - it was the procession of presenting the Sheriffs; I saw him throw the handkerchief on the ground - this is it; it was about his breast; he had not put it into his pocket.
Prisoner's Defence. A boy threw the handkerchief to me, and when it was owned I did not deny having it - I did not know it was stolen.
JURY to WILLIAM BEET. Q. How long was it before you saw it with him? A. But a minute - I did not see any other boys with him.
RICHARD PURCHASE . I was in Palace-yard - I saw another lad draw the handkerchief, and throw it down; the prisoner took it up, and was running away with it - this gentleman ran and took him; the Police-officer came up, and took him - he had run about eight yards; the one who took it had a blue jacket and blue cap - I had not known either of them before; I was close to the prisoner when he was taken, but I was behind him when this was done - he turned, and ran towards me; the prosecutor was not thirty yards from me - I was asked by the prisoner's friends to come here, when I went to the office to see how he got on.
GUILTY . Aged 14. - Transported for Seven Years .
1904. HENRY COTTON was indicted for stealing, on the 2nd of October , 5 boxes, value 8s.; 2 mugs, value 1s.; 1 shaving-pot, value 1s., and 1 kaleidoscope, value 1s. 6d., the goods of George James Hazleton , his master .
GEORGE JAMES HAZLETON . I am an ironmonger , and live in St. John-street, Smithfield . I took the prisoner out of the workhouse - he has been with me about seven years - I discharged him once, and he applied to me again; I then gave him 12s. a week - I knew I was being robbed, but I did not suspect him till the time in question, which was on Saturday evening, the 2nd of October; I saw this shaving-pot on a shelf where some cast-iron goods were set - I knew it had no business there, unless some person meant to carry it away; I sent the prisoner to get the beer, and said I would see the place set to rights, and either in going up stairs or coming down, he took this article away- a person came after he was gone for an article; I turned my eye to the shelf, and missed this article - I went to the prisoner's lodgings, and asked where he was; they said in the wash-house - I went and told him I missed something from my warehouse; he said "I know nothing of it"- I then told him what it was, and he said it was in his hat; I took the hat, and found a cabbage-leaf, and under
Cross-examined by MR. LEE. Q. Had you not a good opinion of him? A. Yes; I have somethimes eight persons or more in my manufactory; there is no private-mark on this pot - it is not my manufacture; I sell a great many at times - they are worth about 1s. 6d.; I always paid him regularly till lately, when I found if I paid him on Saturday night he had none on Monday; I then let him have 6s. or 7s., and draw the rest in the week - he had no goods in lien of money; I had paid him 8s. that night - I now owe him 4s.
JAMES BOYCE COX . I am a Police-officer. I took the prisoner, and in going to the lock-up house he requested to walk by my side, which he did - we crossed some ruins, and when we got near the station he started off; I pursued him - his hat fell off, and he was taken by a Police-officer - I found this kaleidoscope in his pocket; this cash-box was in his box at his lodging.
MR. HAYLTON. These are my property.
Cross-examined. Q. Upon your oath, had you not contracted to sell the prisoner these very things for 1s. 6d.? A. No, Sir - he asked me the price of them, and I said 1s. 6d., which he said was too dear.
The prisoner received a good character.
GUILTY. Aged 19.
Recommended to Mercy by the Prosecutor and Jury .
Confined Six Weeks .
THOMAS HENRY SHELDON . I keep the King's Head, in Old Compton-street . The prisoner and prosecutor came to sleep at my house for the night, saying they were going to the East India-docks the next morning, and they left a hat in the bar; in the morning they said they were going to the docks, and they would have the bed for that night - they paid for it, but they did not return; a boy came for the hat, but I would not let him have it - the prisoner then came, and said he came for the hat which his mate had left, and I gave it him.
WILLIAM STUART . I am a hatter . I knew the prisoner a few days, and lodged with him two nights; he is a mariner - this is my hat; I bought it of my master, and left it at the bar - I did not give the prisoner leave to go and get it; it was not joint property - he said nothing to me.
Prisoner. He told me to call for it.
NOT GUILTY .
GEORGE HAY . I am a shoemaker , and live in Ratcliff-highway . On the 15th of October, at half-past seven o'clock in the evening, the prisoner came into my shop, laid hold of three pairs of shoes, and went out with them; they had been inside the shop - I pursued him, and lost sight of him once, but I am sure he is the person - he dropped the shoes near my door.
Prisoner. He says he did not see me bring the shoes out. Witness. I saw him come out of the shop, and never lost sight of him till I took him.
Prisoner's Defence. I heard Stop thief! called - the Policeman crossed the road, and the person who stole the shoes ran up the square, and down a court; I was running, a person laid hold of me, and said I was the thief.
GUILTY . Aged 20. - Transported for Seven Years .
DANIEL COLLINS . I let my back parlour to the prisoner on the 2nd of October, at 3s. a week; she was there eight days - this property was let to her with the lodging; I missed them, and asked her where they were - she said they were gone to be washed at Knightsbridge; I found they had been sold to a witness here.
GUILTY . Aged 45. - Confined Three Months .
ROBERT KEENE . This building belonged to me, and is in Stanhope-street, Clare-market , in my back yard. On the 23rd of October, the prisoner, whom I did not know, came to my public-house alone - he was seen to go into the back yard, but no notice was taken of it; I then saw my lodger run out - I went to see what it was, he touched the prisoner on the shoulder, and brought him back; I saw this pipe on him, and said, "What have you got here?" he took some lead from each of his pockets - I said, "Is this all?" he then pulled some from under his small-clothes; I said, "Is this all?" he then took off his hat, and I found some more; I had seen it all safe at eleven o'clock - there are six pieces; I have fitted it, and it matches exactly.
GUILTY . Aged 24. - Transported for Seven Years .
GEORGE HILTON . I live with Mr. David Watts, who keeps the Pontefract Castle public-house, at the corner of Chapel-street, New-road . On the 16th of October I saw the prisoner take two pots from the table in a box in the front garden - I pursued him, but could not overtake him till he got to his own door - I then seized him, and felt a pot in his pocket; I called for an officer, but some persons
Prisoner's Defence. I am innocent - I did not do it: there are five families in the house I live in, and the witness has fixed on me.
GUILTY . Aged 60. - Transported for Seven Years .
MARY ENSOLL . I am the wife of Richard Ensoll , a hosier , who lives in Middle-row, Holborn . The prisoner came there on the 19th of October, and asked for some stockings - I showed him some, and while I was attending to him he took some handkerchiefs off the counter; I did not see him take them, as I had to get the stockings - I then saw them in his hat; before he came in I had put them near the end of the counter - I took hold of his coat, and called Stop thief! some person fetched an officer - he had not left the shop, and hardly moved from the counter - there were fifteen handkerchiefs found in his hat; he tried to get away - I did not see him put them into the hat.
FREDERICK JOHNSON . I am an officer. I was on duty and saw a crowd round the door - I saw the prisoner with one hand hold of his hat; the lady had hold of it likewise, and with her other hand she had hold of his collar - I took the hat and him to the watch-house, and found these handkerchiefs in it.(Property produced and sworn to.)
Prisoner's Defence (written.) I had been making freely with my friend, and drinking rather too much, owing to his going into the country; not being used to drink, it took an effect on me, and returning home I went into a shop in Middle-row, Holborn, to purchase a pair of stockings - there was a quantity of handkerchiefs on the counter, and I took some of them up to look at them; I put them on the top of my hat, and they accidentally fell in - my hat was off, and laying on the counter; the prosecutrix, turning round with the stockings that I asked her for, and, seeing the handkerchiefs in my hat, accuses me of taking them with the intent to rob her - at which I was amazed, and gave her my hat with the handkerchiefs in it.
GUILTY . Aged 19. - Transported for Seven Years .
TIMOTHY MCGILL . I am a Police-officer. On the 19th of September there was a fire in Chiswell-street - I was on duty there between ten and eleven o'clock; there was great confusion-persons were throwing goods out, and others were removing them to a yard opposite; I saw the prisoner pass me with a parcel of goods towards the yard; in returning, I saw him with a bundle, and he crossed the street, but not towards the house - I crossed, and asked him what he had got; he told me first never to mind, but to let him pass; I took hold of him and the bundle; I called another officer, and we took him to the watch-house- we found on him ten key-hole saws, and this bag, with some wadding.
Cross-examined by MR. LEE. Q. It was a very bad fire? A. Yes; there was a great crowd - many were carrying things to this yard; the prisoner came from towards the fire to where the goods were deposited, and as he returned I took him; I had seen him carrying goods into the yard - I do not know that he was directed to carry them to a neighbour's house.
EDMUND LANCASTER . I saw this man removing goods from the fire to the yard - when he came back he turned to the right; I suspected, and took him - the witness caught hold of him, when I saw him take a parcel and throw it from him - I could not get that, the crowd was so great; these key-hole saws were found on him at the watch-house.
Cross-examined. Q. Do you know whether he has a brother who was an officer at the fire? A. No; I thought the prisoner was going a wrong way - I was going towards him when he turned round and went towards the house.
Cross-examined. Q. I believe there were a great many things thrown into the street? A. Yes; a great deal was taken and carried away; here is the maker's name on these- I bought them in Sheffield myself, about three years ago; I have sold many of them.
ANN GARDINER. I occupied the parlour of the house; this bag is mine.
NOT GUILTY .
ALBERT BARRETT . I am a merchant . I was near the Golden-cross, Charing-cross , on Sunday evening, at eight o'clock; I felt my handkerchief taken from my pocket; I turned round, and it was given to me by a little boy; the prisoner was walking quietly away - he had been close behind me, and no one could have taken it but him; he turned to the right and crossed the road - I had a friend with me on my left.
THOMAS MOORE . I was at Charing-cross, and the prisoner was walking away from the gentleman, after taking his handkerchief - the gentleman laid hold of him; he threw it down, and I took it up; no one was near him at the time.
Prisoner. It is quite false - I was passing, and the handkerchief was thrown on me; I threw it down directly - I did not pick the pocket.
GUILTY . Aged 23. - Transported for Seven Years .
OLD COURT. THURSDAY, OCTOBER 30.
Second Middlesex Jury, before Mr. Sergeant Arabin.
GUILTY. Judgment Respited .
Richard Townley , his master .
RICHARD TOWNLEY . I am a hair-worker and jeweller , and live in Cursitor-street, Chancery-lane . The prisoner has been in my employ since the 23rd of August - he was my warehouseman and clerk ; he had the care of my books and goods - I had reason to suspect him, and on the 12th of October, at eight o'clock at night, he left me, without giving any notice - I went to several pawnbrokers, and found my property; he did not come home to sleep on the 12th, and on the 13th I took him into custody.
MR. TOWNLEY. I never permitted him to pawn this property - I have no doubt of its being mine - I am the sole manufacturer of the chains.
Prisoner. It is quite useless to make a defence, the evidence is so clear; I have nothing to do but to recommend myself to the Mercy of the Court.
GUILTY . Aged 28. - Transported for Fourteen Years .
1915. THOMAS JACKSON and JOHN WOOD were indicted for stealing, on the 5th of October , 1 plough, value 5s.; 2 saws, value 1s. 6d.; 2 bevels, value 1s., and 2 pairs of pliers, value 1s., the goods of James Watts ; and 1 trying plane, value 8s.; 1 jack-plane, value 4s.; 1 smoothing-plane, value 2s 6d.; 1 chisel, value 1s.; 1 hammer, value 1s.; 1 basket, value 2s. 9d.; 1 square, value 1s.; 1 screw-driver, value 6d.; 1 chisel, value 6d., and 1 gauge, value 3s., the goods of William Goodchild ; and 1 square, value 1s. 6d., the goods of Henry Champ .
JAMES WATTS. I am a carpenter . I left my tools in an empty house at Notting-hill on the 5th of October, while I went to dinner, and on returning they were gone - I found them in a basket in the road, about fifty yards from the house, about a quarter before one o'clock - the prisoners are strangers, and had no business on the premises; the windows and doors were not hung.
MR. RICHARD GILBERT . I am a gentleman, and live at Notting-hill. On the 5th of October I was returning from Shepherd's-bush, and saw the two prisoners coming out of the side garden door of this house - Jackson came out and made towards Lord Holland's park; Wood turned to the right, towards the fields - suspecting them I looked at my watch, and found it wanted ten minutes to one o'clock, and thinking it not likely that workmen were taking their tools away, I followed Jackson across the road, and seized him, with a basket of tools at his back, and said I thought they were not honestly come by; he said a person in the building had given them to him - he dropped them, and they remained in the road; as I was taking him back to the house he bolted after the other prisoner, and both ran away - I found nobody in the house; I gave an alarm - a witness hearing me, pursued them, and they were taken at the top of Portobello-lane; I am positive they are the men.
Jackson. He said at the office that the other man had the basket. Witness. Jackson carried the basket - I saw them in the watch-house, and looking at them for a moment, I thought it was the other prisoner, but at the office I was positive it was Jackson; they both came out of the garden door.
WILLIAM GOODCHILD. I was working at this house, and left my tools in a basket - several of these are mine; the prisoners are strangers.
Jackson's Defence. I was coming across the fields, looking at a gentleman and lady shooting, and heard a cry of Stop thief! I ran with the mob, and was taken in the high road.
Wood's Defence. I had been to Bayswater, and heard the alarm - I ran with several others and was stopped.
JACKSON - GUILTY . Aged 22.
WOOD - GUILTY . Aged 19.
Transported for Seven Years .
Before Mr. Baron Garrow.
2nd and 3rd COUNT, stating it to be with intent to disable or do him some grievous bodily harm.
JOHN MCDONOUGH. I keep a chandler's shop, and am a private watchman . I have known the prisoner three or four years - I had a quarrel with him five or six, if not seven, months ago, and blows passed between us; on the 25th of September, I was standing in the footway in Berwick-street , Wardour-street, with Smith - we were talking together; the prisoner came up in a few minutes and spoke to Smith - I said, "How do you do, Powell?" he said, "I am quite well, and you have used me very ill," alluding to the former occasion; I replied that if he made use of the same language again, I would serve him the same again - he was close to me within a step or two; I had knocked him down on a former occasion.
Q. When you used this expression did you put out your fist at all to him, or alter your position? A. No, not that I know of - I did not touch him, not to my recollection.
Q. You must know whether you accompanied your threat by doubling your fist and giving him a blow or not? A. I really do not know - there might be some
Prisoner. Please to ask him if he did not give me the first blow. Witness. Not that I know of.
NOT GUILTY .
The facts of this case will appear in the report of the proceedings in the New Court, on the 1st of November, when the prisoner was convicted as a receiver.
NOT GUILTY .
The facts of this case are detailed in the proceedings on the 5th day, when the prisoner was convicted as a receiver.
NOT GUILTY .
Before Mr. Baron Garrow.
1919. WILLIAM ELMORE was indicted for stealing, on the 9th of October , 2 bags, value 4s.; 1 jacket, value 10s.; 1 waistcoat, value 5s.; 2 sheets, value 7s.; 1 pair of trousers, value 5s.; 1 pair of shoes, value 2s.; 1 powderhorn, value 1s. 6d.; 1 shirt collar, value 6d.; 1 pair of stockings, value 6d., and 3 handkerchiefs, value 2s. , the goods of Jonathan Rickards .
JONATHAN RICKARDS . I am a baker , and live in Drury-lane . On Saturday, the 9th of October, about seven o'clock, I put a bag into my shop - an alarm was after wards given; I went out, and saw the prisoner with the carpet bag on his shoulder; I followed, and brought him back with it - it contained the articles stated in the indictment.
JOHN CLARK . I am an officer, and took him in charge - he offered no resistance, but said he did it through distress; he begged for some bread, and said he had had nothing to eat all day.(Property produced and sworn to.)
The prisoner pleaded distress.
GUILTY . Aged 26. - Confined One Month .
Before Mr. Justice Park.
ROSE GARLAND . I am the prosecutor's wife. I hung these things to dry between three and four o'clock, and about six in the evening I saw the prisoner on the staircase- I asked what she wanted; she said Mr. Rennie - I missed my things soon after, and called out; she was stopped at the door with some of them.
ELIZA MILLER . I live on the first floor of this house. I saw the prisoner on the stairs - the prosecutrix called out Stop her! I took hold of her at the street door, and said,"You have got something" - she said she had not; I opened her shawl and took the bed-gown and shirt from under it - the shirt produced by the pawnbroker was stolen three months before.
The prisoner pleaded distress, and received a good character.
GUILTY . Aged 34. - Confined One Month .
Before Mr. Baron Garrow.
JOSEPH GURNEY . I am a labourer , and live in Rosemary-lane . The prisoner lodged in the same room with me. On Sunday evening I missed some apparel from my box, and on Monday evening I received the trousers from Chapman - I had seen them safe on Wednesday; I have not got the rest.
LEWIS CHAPMAN . I am in the employ of a clothes-salesman in Rosemary-lane - we keep shop open on Sundays till church time. The prisoner came into my shop and sold me these trousers for 1s. 3d. - he had them on under another pair; they were claimed next night.(Trousers produced and sworn to.)
Prisoner. I did not sleep at home the night he lost his trousers.
GUILTY . Aged 21. - Confined Three Months .
Before Mr. Justice Park.
RICHARD PALMER . I live at Enfield-highway - the prisoner was in my employ. On the 4th of October I had occasion to go to London, and followed the prisoner, who was my carter, and about three o'clock in the morning I overtook him by Edmonton gate, and saw him taking potatoes out of several of my sacks and putting them into an empty sack, which he had taken from my premises - he left that sack in the cart; I followed him some distance, stopped him, took the potatoes and sack away, and fold him to go to Covent-garden, where he had to take the load to sell, instead of which he gave another man the waggon and absconded - he took potatoes out of each sack, and had got 114lbs. out of fifteen sacks; I did not see him again till last Monday, when he was taken at Cheshunt.
Prisoner's Defence. I lifted them on the other part of the cart, to ease the horse's back, which was tender.
GUILTY . Aged 26. - Confined Three Months .
ELIZABETH CONEY . I am servant to George Moxon . The prisoner was an acquaintance of mine. On the 1st of October she came to see me, and remained four or five hours - this silver tea-spoon was in the kitchen where she was, with another person; she want away about five o'clock in the afternoon - I missed the spoon on the Tuesday morning, and went with the prisoner to inquire about it; she accused the other woman of it, but I was not satisfied with that - I did not suspect the prisoner; she proposed to go with me in search of the spoon, and wished me to take an officer - neither of us could find it; we returned, and were in the kitchen - I saw her take the spoon out of her pocket, and put it into the drawer, and then she took it out of the drawer and put it into my hand; I had searched that drawer before and it was not there - a pawnbroker stated, in her presence, that she had pawned it on the Monday and redeemed it on Tuesday.
GUILTY . Aged 50. - Confined One Year .
First London Jury, before Mr. Recorder.
ISAAC MENDOZA . I live in George-court, Stoney-lane, Petticoat-lane, and am a hair-dresser . On the 6th of October, between eleven and twelve o'clock at night, I was going home alone, and was sober; I had three half-crowns in my pocket - the two prisoners came up to me in Camomile-street , and Brown asked me to treat her with liquor; they were both perfect strangers - I refused and they both got hold of me, and pinned me down close to them between their arms; Brown took three half-crowns out of my pocket - they were loose in my pocket; I had no other money; I made a bit of a randle with them, to get from them, and told them to get away.
Q. Did you cry out Watch? A. I could not, I was so terrified - I told them they had robbed me of three half-crowns; Brown said once or twice, "What do you want?" I said she had robbed me of two or three half-crowns - I heard the money jinking, as if passing from her to Field, and Field went off with it; Brown held me round the neck the while, so that I could not get away - my hat fell off; a gentleman on the other side saw the whole transaction.
Q. Why not call out to him? A. She held me so tight- she held my head down between her breast and arms; I did not see the gentleman on the other side - I made an alarm a minute or two after she was gone; I called out that I was robbed of three half-crowns - the gentleman came up to me; I could not call Stop thief! I was so terrified from the fright I had - I do not think any body was standing in the way; the witness Pilley, who was on the opposite side, came to me, and asked what was the matter; I said, "For God's sake assist me, for I am robbed of three half-crowns," which were not my own money - they were my employer's; he is an auctioneer, and gave them to me to purchase goods which he wanted for sale; he gave them to me at ten o'clock at night - the auction-shop was open at that time; it is in Ratcliff-highway - they were to be sold by auction next morning; I did not complain to any watchman that night - I did not take notice of any, I was so frightened; Pilley complained to a tall gentleman in Bishopsgate-street, who I believe was an officer - Pilley got the woman himself; he and I went different ways - Field was brought to the watch-house in about a second, and three half-crowns found on her; I described her person - I had not pointed her out, I was in such trouble, but the constable never had her out of sight; I told the constable of it in Camomile-street, when he came to my assistance - Field was not searched in my presence; Brown was brought to the watch-house in about half an hour.
Cross-examined by MR. PHILLIPS. Q. Are you related to the boxer? A. I am his nephew - I was frightened at the women; I am a hair-dresser - my master is an auctioneer, but he is not the man I was bound apprentice to; I dress and shave now when I can get any thing to do - I have no shop; I have been six months with the auctioneer; I was to buy razors, scissors, and knives; I left my master's shop at ten o'clock - Camomile-street was not in my way home; it may be two miles out of my way - I went for a walk; I did not stop to drink - I am not in the habit of drinking; I called out "I am robbed of three half-crowns;" I had not been with any women - when she laid hold of my arm I did not know what she was going to do; when she asked me to treat her I said I had no money - I was perfectly collected then; I saw nobody to call to - I, of course, made a bit of a fuss about it; she tucked my head under her arm - I had no power to call out, I was so frightened; I did not describe them to the officer till they were taken, for I could not see them; I told what sort of a dress she had on - I told the constable she was a tall young woman, certainly not shortish; I will not swear that I described her dress - I did not describe Brown at all; I expect 3s. 6d. a day for coming here.
COURT. Q. How much do you get for attending the auction-room? A. One shilling a day; I have been here two days - my master is Peter McPherson, of No. 86, Ratcliff-highway.
GEORGE PHILLIPS . I am a saddle-tree maker, and live in Webber-street. I did not know the prosecutor before this; I was in Bishopsgate-street, at the end of Camomile-street, and heard a disturbance - I walked down, and heard the voices of two or three women and a man; I heard Mendoza say, "It won't do," and after that I heard Brown say, "What do you want?" she repeated it three or four times - it did not appear a serious dispute - I saw Field cross, and go up the passage; I had no suspicion at that time of a robbery - I then saw Brown and the prosecutor struggling together for a minute or two; she then pushed him from her, and walked away at rather a quick step into Bishopsgate-street, looking once or twice behind her - Mendoza then picked up his hat, and ran away from her, in a contrary direction, and in a direction from me; I had stopped on the opposite side of the way, facing them - I heard Pilley call to him to know if he had been robbed; he said he had, of three half-crowns - this was not a minute after; there was nothing to prevent his calling Thieves! he appeared agitated - had he spoken in time I could have stopped Brown; she had just turned the corner - I lost sight of them both; Pilley brought Field up - I did not
Cross-examined. Q. How far were you from them when you heard him say "It won't do?" A. I should think two yards, the width of the street; he could easily have seen me - there was nothing to prevent his calling to me; I took a glass of ale with him last night, in St. Paul's church-yard - that is the only house I ever went to with him; I treated him, as he had no money - I was looking attentively at the prisoners, but saw no robbery; the street is lighted, and I believe with gas - I fancy the money had been taken just at the time I got up; I heard him say "It won't do;" it might have been done without my seeing it - she must have tucked his head under her arm before I came up, if that took place; I was not above two minutes looking at them.
JAMES PILLEY . I am a poulterer at Leadenhall-market - I am now serving in my own right as a constable. On the 6th of October I was on duty, going round the ward, and when I came into Camomile-street my attention was attracted by two women and a man struggling together; the man was making a noise - he said, "Leave me alone," or words to that effect; I might be forty or fifty yards from him then - he spoke in a loud voice: I advanced, and immediately Field crossed the road, hastily. into a court - I called out "Have you lost any thing?" he said three half-crowns - I had then got a full view of Field going up the court; I followed, and took her in Bishopsgate-street, which the court leads into - I told her she had committed a theft on a gentleman; she said, "It was not me - it was the other girl; there she runs up the street;" I brought her back - Payne searched her at the watch-house, and produced three half-crowns.
Cross-examined. Q. Have you told us all that Mendoza said to you? A. Yes; he said nothing more than that he had been robbed of three half-crowns - he did not describe the women as tall or short, or say a word of the kind - it is as false as God is true.
JAMES PAYNE . I was constable of the night. Field was brought to the watch-house, charged as an accomplice in robbing Mendoza; I searched her in a room by myself, and found three half-crowns and a piece of biscuit - she had no other money; Brown was brought in in about twenty minutes - I found 2s. 10d. on her, and a piece of biscuit.
Cross-examined. Q. Brown accounted for her money? A. Yes - Mendoza seemed very much frightened, but perfectly sober; I do not recollect his giving any description of the women - I should consider him very likely to make a mistake.
Field's Defence. He pulled out a deal more money in the watch-house.
NOT GUILTY .
ROBERT NIXON . I am a plumber , and live in Warwick-lane . On the 17th of September, between one and two o'clock, this lead was taken from my shop, during my absence - I came home, and found the prisoner in custody of an officer; the lead was produced, and I am certain it is mine - it was about six feet within the shop, and weighs 40 lbs.; the prisoner is a stranger.
JAMES NIXON . I am the prosecutor's brother. About two o'clock in the afternoon, I was in Warwick-square, and saw through our back door, which is in the square, the prisoner at the gates in Warwick-lane - he was standing there; I walked round, and when I had got round, I saw he had got five or six feet from the shop, and was rolling a piece of lead in his apron - it was a small piece, rolled up; I stopped him just as he was getting out of the shop - I asked what he had got there; he dropped it, without answering - a constable was sent for.
GEORGE DAVISON . I am a compositor. I was returning to my work, and saw the prisoner with the lead in his apron - Mr. Nixon said, "What have you there?" and he dropped it; I waited till Bates took him.
Prisoner's Defence. I am a carpenter, and went in to ask for a job; the man was standing close by me, and said I wanted to steal the lead - I said I did not, and he gave me in charge.
GUILTY . Aged 19.
Confined Six Months , and Publicly Whipped .
CHRISTOPHER GEROCK . I am a music-seller , and live in Cornhill, in the parish of St. Michael . I was not apprized of any loss till Charles Crook brought a flute to me, which I knew to be mine, on the 23rd of September - the prisoner was my porter , and has been so since the 3rd of July.
Cross-examined by MR. PHILLIPS. Q. Had you seen the person before? A. Never - I gave him a duplicate, and have the counterpart; ours is a shop of considerable business - there are goods hanging in the window as in other shops; I do not consider it dark - the light is certainly impeded by the things in the window; he was not long in the shop - I did not write the duplicate for him, but was close by when it was written; it was taken in under my direction - I did not speak to the person who offered it; I believe he had a black handkerchief on - I am sure he had no great coat; I do not know the colour of his body coat, and am not certain whether it was a frock or body coat; I do not remember his dress, but have a perfect recollection of his face; the person who dealt with him is not here - he is well, and could have been here.
Re-examined. Q. Have you a doubt of his person? A. None.
Cross-examined. Q. Had you known him before? A. I never saw him before to my knowledge; he was not in the shop above five or six minutes - there were other people there; I transacted the business with him - I was writing the duplicate part of the time, and looking at the flute; I recollect he had a blue coat on, but do not recollect about his cravat - it was a body coat, buttoned up as he has it now; he had a black hat - I swear to his person.
MR. GEROCK. I value the two flutes at five guineas each; I have examined them - they are mine, and those I lost; they would not be sold for that - I value them at what they cost.
Cross-examined. Q. Have you any private mark on them? A. No - I have a good many of this description; I have sold some, but not these, for I never send one out of the house without a mark - that is a rule in the house; I make them myself - if this was put into my hands fifty miles off I should know it, if it was in another manufacturer's shop; I swear no other maker makes flutes as I do - I have been thirty-five years in London, and if any flute was put into my hands, I could tell who made it without any private mark; I do not think more than twenty or thirty persons make this kind of article - I have no patent; I have four or five journeymen in the flute line - they do not work for other houses.
Re-examined. Q. Is your name stamped on that? A. Yes; no other maker has my name on his flutes - I always have a mark put on what goes out besides my name.
Prisoner. I leave it entirely to the mercy of the Jury.
MR. GEROCK. I made this flute myself - there is an unicorn on the top of my name, and when I send any to a customer I put a star under my name, which is not on this.
GUILTY (of stealing, to the value of 99s. only .) Aged 23.
Transported for Seven Years .
ROBERT BLACKBURN. I am a pawnbroker, and live in Providence-row. I produce a flute, pawned by the prisoner on the 17th of August, for 10s.
Cross-examined. Q. Is your name on this? A. No, nor the unicorn; we do not always mark them directly they are finished - they are put into a drawer; there is no mark on it - I am certain it is my manufacture.
COURT. Q. Suppose a gentleman offered you 4l. 19s. for this flute, would you take it? A. No - I have given an under value.
GUILTY (of stealing, to the value of 99s. only .) Aged 23.
Transported for Seven Years, to commence from the expiration of his former sentence .
ROBERT GRAVES IBBETT . I am a bookseller , and live in Maidenhead-court, Aldersgate-street . On the 1st of October, between one and two o'clock, I was in my shop - the window was open, and the books within two feet of the shop; I saw the prisoner pass quickly, thrust his hand in, and take a book; I immediately followed him about twenty yards - he saw me, and dropped it; he ran into Well-street, and was caught - I lost sight of him on turning the corner; it is "Elegant Extracts," bound.
WILLIAM EDWARD MULLISS . I am a journeyman-hatter. I heard a cry of Stop thief! while I was at my dinner in my house in Redcross-street - I came out, and saw the prisoner running; I stopped him at the end of Well-street - the prosecutor was picking up the book.
The prisoner pleaded distress.
GUILTY . Aged 33.
Confined Six Months and Whipped .
NEW COURT. FRIDAY, OCTOBER 29.
Fifth Middlesex Jury. - Before Mr. Common Sergeant.
GUILTY . Aged 24.
Confined Six Months , and Whipped .
1930. ESTHER LYNES was indicted for stealing, on the 20th of October , 7 sovereigns, and one 10l. Bank note, the property of William Slee , from his person ; and MARTIN McCARTHY and MARY, his wife , were indicted for feloniously receiving the said money and note, well knowing the same to have been stolen ; against the Statute, &c.
WILLIAM SLEE . I saw Lynes last Tuesday week, in the evening, between Ratcliff-cross and Cock-hill - she asked me to go home with her; I said I would not, and would have no connection with her; she walked all the way up the highway, and asked me to give her something to drink - I said, to get rid of her, I would give her a pot of ale or porter; I went with her to a private house, went up stairs, took out my money, and gave her a shilling - she called another girl to go and fetch the porter or ale- she then said the girl stopped a long while, and she would go to look for her; when she was gone, I missed a 10l. note, and seven sovereigns, which were wrapped up in it; they had been in my purse, in which was some small silver in a separate department - I know I had it safe when I saw her, because I took the purse out, put it on the table, and gave her the shilling out of it; the purse was in my left-hand breeches pocket - I missed the purse and all, but I found that was returned into the side pocket of my coat; I did not perceive it taken from me - I had had two glasses of grog with a gentleman, at Limehouse; I was in the room about a quarter of an hour - it was about ten o'clock at night, I think; I did not change the state of my dress at all - I am sure of that; I went down, and called the Policeman - when I called a second time he answered, and came to me; he told me to remain there, and sent another to me, who observed the number of the house, and took me to the night-officer.
THOMAS WALTON . I am a Police-officer. I was on duty on the morning of the 20th; I heard the call about one o'clock, and went to the house - I found the prisoner in Lyne's apartment; he said he had been robbed by this young woman - I knew where her mother lived, (the prisoner Mary McCarthy ;) I went there, and found Mary McCarthy standing inside the door - I went in; she said,"My God! what brought you here?" I told her not to be uneasy, I only came to look for a prisoner - she ran up stairs, and I followed her; when I got into the apartment she was in the act of opening the window, and before I got to her she threw some money out - I heard it chink on the stones; another officer came into the room - I told him to take her, and I went out and picked it up; I found this 10l. note, No. 5324, six sovereigns and 16s. there - the prosecutor had been drinking, but he was not drunk; he gave a description of Lynes - I found the male prisoner in bed; he said nothing, and made no resistance - I did not see Lynes.
Mary McCarthy . I came down, and had nothing on but my inside garment; I never went near the window. Witness. You were at the door when I went; you went to the window, and threw the money out, and I picked it up under the window.
GEORGE SEAMAN . I was on duty between twelve and one o'clock, and saw Lynes run out of Cable-court into Shorter-street; I was pursning her when the prosecutor called out - I went and found him; he gave an account that he had lost 17l. - I found Lynes' aunt by his side, and took her to the watch-house; I then disguised myself, and went and found Lynes in Rosemary-lane, with two others - I searched her, but found nothing; I knew she had a father and mother, named McCarthy, living near Rosemary-lane, and when we got to the house I found the mother on the stairs, within about two stairs of the bettom- she ran up stairs, went to the window, opened it, and we heard the fall of something like money; the last witness ran down, and I seized the mother, drew her from the window, and threw her on the bed, in case she should have any more money - Martin McCarthy made use of some phrase in case I did not get off his bed, or let his wife go, and he pinched my arm till he got to the back of my hand, and threatened how he would serve me if I did not let his wife go.
Lynes' Defence. When I first met him he said he would give me something to drink; he went into the back yard, and came up with 1s. in his hand - he sent me for a pot of ale; there was no other woman with me - when I went down I found the money in the passage; I took it up, but did not know whether it belonged to him or to another young man who had been in the house before - I went to a public-house to see if I could get a pot of ale, but could not; I then took the money and put it outside my mother's window-ledge - my father and mother were in bed, and asleep; they knew nothing about it - when I was returning home, the officer told me I was wanted at the watch-house - I there saw this gentleman, who said I had robbed him of a 10l. note and seven sovereigns, but he did not know the number of the note; it is not likely I could take his purse when he had it about him all the time - he had it at the watch-house.
JURY to WILLIAM SLEE. Q. Were the sovereigns in the notes? A. Yes; the purse lodged on the table while I gave her the shilling I think - I lost it in the house.
LYNES. GUILTY - Aged 21.
Transported for Life .
Transported for Seven Years .
MR. CLARKSON conducted the prosecution.
WILLIAM COLLIS. In July last I was in the service of Mr. Thomas William Williamson , a cloth-factor , who lives in Lothbury. On the 13th of July he sent me out with some cloth, and I was to call at Mr. Rush's and receive two ends of black cloth, which were my master's property - they were worth from 40l. to 44l.; I was to bring them home to the warehouse; after I had got them from Mr. Rush, in Bridge-street, Westminster, I went to Adam-street, Adelphi, and there I, with another boy, put them into a coach, and drove to the prisoner's - we found him at home - he asked what we would take for the cloth; we said 30l. - he did not agree to that, and said he would give no more than 10l. 10s. for it - after some time we agreed to take the money; he asked where we got it, and we said, from Bridge-street, Westminster - we sold the cloth to him, and received the money from him; we did not go back to my master - we staid in London that day, and the next morning went down to Gravesend; at the last Session I stood where the prisoner does now - I was delivered to my master; there were marks on the cloth - Nathan said he would burn them, and he took hold of them and tore them off each end; they were the numbers of the cloths from my master's.
Cross-examined by MR. PHILLIPS. Q. I suppose this is your first beginning in robbery? A. Yes, Sir - I had lived with my master two years; I had seen Nathan before this time, passing up and down the street, but had never spoken to him - I went with a boy, named Young, who is not here - I had known him three months and better; Farrell is a person who was likewise present when we took the cloths, but he was acquitted - I was in jail three months and a fortnight - after I had done it I thought it was harm to do it, but I did not think so before; I did not give it a thought - I never intended to go back to my master; I did not intend when I went out to sell the cloth to any one who would buy it- I thought the night before that I would not go back; it was a good heavy bale of cloth - the boy is not here; I
MAJOR BUSKIN . I am a hackney-coachman; my coach was in the Adelphi; two boys came, and hired it to take this cloth to Whitecross-street - I went to the corner of Shrewsbury-court ; this boy was convicted of stealing it at the last Session, but I took no notice of him at the time.
JAMES SWAINE . I am a butcher, and live at the corner of Shrewsbury-court - I know the prisoner's house. On the 13th of July I saw the coachman stop against my shop door, and this boy brought out the cloth - Nathan's house is fifty or sixty yards from mine; I went up the court, having some suspicion, and I saw them take it to a house opposite the house in which Nathan then lived - I went into a water-closet adjoining, which has a window, which looks into the yard of the house they went into - I heard some boy say, "Forty-pounds," and I heard Nathan say, "Ten-pounds;" I knew his voice, and am sure it was him.
Cross-examined. Q. I suppose you went and gave information? A. I did, when I received information of some cloth being lost from Mr. Brand - I had some suspicion it was stolen; I did not go to any Police-office - I am sure it was 40l. I heard; I am positive of that - it was not 30l.; I do not know about getting any expences; I am subpoenaed to come here - I never said that Nathan did not buy the cloth - I have heard him say he never bought it; I do not know that he did buy it - I will not positively swear that I never said to any body he did not buy the cloth - I never said, "Where is the use of my coming to give evidence when I can say nothing whatever about the transaction;" I never said so to an officer, nor ever said, "I can be on my oath Nathan did not buy it" - I did not go to Mrs. Nathan and say so; I did not go to her house and get drink since this trial - I had prior to it; I never went in after the day in question to my knowledge; I do not recollect that I did - I cannot say whether I did or not; I have drank in the house several times; I am sure it was not to myself that it was sold - I was not sure it was stolen, I only suspected it - I could not leave my business on any consideration.
WILLIAM BRAND . I am a marshalsman. I heard of the loss of this cloth - I went to the prosecutor's house, and saw this boy; I think it was on the 17th of July - Collis then made a disclosure; I went to the prisoner's house some hours after - he was not at home; I did not find the cloth; I made several inquiries, but could not find the prisoner any where.
Cross-examined. Q. Is he a man who goes about the country selling fruit? A. So I am informed; I was told he was in the country - I have heard he came of his own accord, and gave himself up - he surrendered to Waters; Swaine never told me that Nathan did not buy the cloth - he said he had suspicion it was stolen, and heard Nathan's voice.
THOMAS VANN . I went in company with Waters repeatedly, but could not find him - he then sent a boy to say he wanted to see me; I went to the Curtain-road, and when he saw me, he ran away - at last Watersaw him near the office, and took him in.
Prisoner's Defence. I travel the country with fruit; I never saw Collis in all my life, and never had any dealings with him for any cloth; I live at No. 12, and the cloth never came to any part of my premises; the house it went into is let out in furnished lodgings - I never received it.
CATHERINE PHILLIPS . I was servant to the prisoner - he left home on the 16th of July to go into the country, with salmon, fruit, and oranges; the butcher came into the house on the 16th, and said there had been two gentlemen inquiring about some cloth, and he told them he could be on his oath that Mr. Nathan knew nothing about it - he came again in ten minutes, and said two gentlemen brought a paper for him to go up, but he should not, as he knew nothing at all about it - he gave me half a crown, and I fetched a quartern and a half of gin from the Two Brewers, at the corner of Playhouse-yard; it must have been on the 17th he came - I could not see the paper, because it was between the lights; Mrs. Nathan did not say any thing to him.
JAMES SWAINE . That is not true; I do not think he has been in the country at all - I have seen him repeatedly; I have not drank in the house since, but I have prior to it - I never gave her half a crown; Mr. Brand and another gentleman came to my house, and that was the first time I knew it was stolen - I left their company when I found what they were.
GUILTY . Aged 27. - Transported for Fourteen Years .
JAMES DEMPSTER . I am a schoolmaster , and live at Mitcham. On the 9th of October I was in a pheaton, and stopped in Euston-place , between two and three o'clock -I went into a house and left a great coat in my pheaton; the prisoner asked if he should hold my horse; I said I should stop but a few minutes, and there was no necessity for it - I was in the house about five minutes when I heard the servant call out, "The man at the head of the horse has stolen the coat;" I went out and saw the prisoner in custody of a Police-officer - this is my coat.
RICHARD HOLMES . I am a Police-officer. I took up the prisoner, and bring the coat; he had it under his arm, and was walking in Seymour-street, when I saw him, and about five minutes walk from where the pheaton was.
The prisoner put in a written Defence, stating that a gentleman had given him the coat to carry to Seymour-street.
GUILTY . Aged 36. - Confined Six Months .
JOHN SIMMONS . I am a constable. I went to the tent and found the sack, which the prosecutor claimed - one of the prisoners said he had been in Kent, and some farmer gave him the sack to put over him, as he wanted a lodging.
Cook's Defence. I brought an old sack with me when I came to work for Buckle - I do not know whether it was changed or not.
Buckle's Defence. He came to work for me, and brought an old sack - they found no potatos in my tent; the other sacks and the potatos were found half a mile from my tent.
NOT GUILTY .
1933. SARAH HIGHFORD was indicted for stealing, on the 4th of October , 1 yard of ribbon, value 7d.; 6 pieces of tape, value 10d., and 2 reels of cotton, value 1d., the goods of Benjamin Howell , her master .
BENJAMIN HOWELL . I am a linen-draper , and live in Oxford-street - the prisoner was in my service. On the 4th of October we were about discharging her, and requested her to open her box; she opened it with a key, and these articles were found in it - I have compared them with my pieces, and they match exactly; I have no mark on them - they are of very small value, but the prisoner said she had taken them; I said she had better confess what she had done - I wished her to give up some money, which we knew she had; she said she had these things out of the shop.
PATRICK DALEY . I am an officer, and took her into custody - in going along. I asked her if she had stolen these things; she said, "Yes, I cut the piece of ribbon off for a waistband, and the others I thought of no use."
Prisoner's Defence. The first day I went into my mistress' service she opened my box with a false key, and she did it every day afterwards - I used to find my things all moved; she told me of it, or I should not have known it.
JURY to MR. HOWELL. Q. Had she access to the shop? A. Yes, the staircase comes down into the shop - I cannot prevent servants passing through.
NOT GUILTY .
JOHN COLEMAN . I am a chimney-sweeper , and live near the King's Head, at Fulham . I missed a chimney-cloth on the 10th of October, between one and two o'clock in the morning, when I got up - the prisoner had been there, and the new cloth was gone; the prisoner had formerly lived with me - I went to my door, and saw a Policeman; I made inquiries of him, and the prisoner was taken - this is the cloth.
JOHN PHILIP SCURR . I took the prisoner between eight and nine o'clock in the morning, and found this cloth on his person, wrapped round under his smockfrock - when I first saw him he was close against the prosecutor's.
Prisoner's Defence. I picked it up.
GUILTY . Aged 26. - Confined Two Months .
MR. PHILLIPS conducted the prosecution.
SAMUEL BETTELEY . I am a brewer , and live in White Lion-street, Spitalfields. The prisoner was in my employ as drayman , for two years and nine months - he had 30s. a week; it was part of his duty to receive money from my customers, and daily to account for the same in his own dray-book, and to deliver the cash so received to one of my clerks - I had given him these instructions; I have the dray-book here - I received some papers purporting to be receipts of the prisoner's, from a lady named Singleton; these are them - they are dated the 19th of April , 7th of June , and 21st of August ; I have received, through my clerks, sums of money received from Mrs. Singleton, but he has not accounted in the dray-book for either of the sums mentioned in these three receipts - I have examined the book on these dates, and there is no such entry; these receipts are his writing.
Cross-examined by MR. ADOLPHUS. Q. What was he before he was in your service? A. A brewer himself; I bought his casks and stock in trade, and retained him to bring his custom into my business - I was not to give him any compensation, beyond the purchase of his casks and stock; I had offered him 20l. previous to purchasing his casks and stock, but he preferred my purchasing them -I believe I did deny to Mr. Humphrey's, having offered him the 20l., not then recollecting the circumstance, but not before the Magistrate; it was while the matter was under inquiry in the office, but it was in the private chamber - they were taking my deposition; there was a letter produced, which revived my recollection; Mrs. Singleton was one of my own customers - the casks should have been counted when they went out and when they returned, and the difference between them tallied with the account in the day-book; he was ordered not to give credit to too great an extent - I did make a deduction from his wages of some amount, for beer which he had given credit for; I do not remember the amount - the whole that had been received from Mrs. Singleton, when the prisoner left me, was 30l. or 40l.; perhaps some of the payments might be 9s., but mostly 4s. 6d. - this was during the two years and nine months; beer was certainly at times left there on credit, and the credit given on one day may have been entered when paid, upon another - on the 15th, and on the 21st of April, he left a firkin of beer each day, and received 4s. 6d. - here are the entries in the book, but there is none on the 19th; on the 3rd and on the 12th of June he left them, and entered them in the book, but here is no entry of any left on the 7th of June; on the 16th, and on the 26th of August he left them, but here is no entry on the 21st - this book is what he takes with him, and it is his own writing; he took out printed receipts, but they have no margins.
ANN SINGLETON . I am the wife of Edward Singleton ; we live in Parson's-street, Ratcliff-highway - we keep a chandler's-shop, and had beer of the prosecutor - the prisoner used to deliver it, and when I paid him he gave me a receipt; these are three of the receipts he gave me - I paid him the money, and be signed the receipts in my presance - I always got receipts when I paid him; in order to be certain, I put my own name on the back of each of them.
Cross-examined by Mr. BODKIN. Q. When did you put your name on this? A. When the prisoner called on me, not at the time I paid this - my husband does not assist in the business at all; I generally paid for the beer, one after another; it might happen that I was not well or had not change, and the next time I paid for that and the other - I have no entries of what I pay; I conclude, by seeing these receipts, that I paid him - no one paid but me; he always signed the receipt on the day I paid; I am indebted to the prosecutor now for two casks of beer.
MR. PHILLIPS. Q. Did you ever pay him without a receipt? A. No; when he left it without payment I paid him on the next occasion, but I never paid him for two at one time.
COURT. Q. Supposing he came to you on the 19th of April, and had written a receipt without having the money, might he not have come on the 21st and given you a receipt dated on the 19th? A. Never; I always paid him the money before he wrote the receipt - I do not know whether he sat down to write; he wrote it in my presence, and put the day of the month and the date of the year - I have no particular recollection of either of these days.
GEORGE THOMAS BLACKMOOR . I am a clerk to Mr. Betteley; my brother was clerk to him, but is not so now. It was my duty occasionally to receive money from the prisoner, and hand it over to my brother; I never received any unless it was entered in the dray-book - I have examined the book, and compared it with the receipts given by Mr. Singleton; there is no entry of them.
WILLIAM THOMAS BLACKMOOR . I was clerk to the prosecutor up to September last; I have received money from the prisoner, but never unless it was entered in the dray-book; I have examined the dray-book, and these sums are not there.
Cross-examined by MR. ADOLPHUS. Q. Was it your office to count the casks that went out? A. Yes, and I do generally, but if I was busy some other person might do it - they were counted again on their return, and the result expected to be found in the book, and the money paid down or accounted for; the amount of casks he had laid down were entered in the dray-book - a cask might be made up, but I should expect he would bring an account of what he had had; I do not know how there could be a balance created; I should have demanded the account of him - I went round, and inquired after this circumstance; there might be some cases in which the prisoner had paid for beer which the party were still in debt for, but I cannot speak to any one distinctly; I have seen some accounts in which the parties have got down beer, owing to the prisoner, which the prosecutor has no account of.
MR. PHILLIPS. Q. Have you, in the course of your examination, discovered that the person who was put down as a debtor, had never had the cask at all? A. No, if the prisoner had left a cask, and not got the money, he would have left this blank to show he had not yet received it; so on the 19th of April if he had left a quarter cask at Singleton's, he should have left the blank, that is the case uniformly through the book; it was his duty to leave the blank on the day he delivered the beer.
Cross-examined. Q. But if he brought back the casks, or returned the money, the blank would not appear? A. No; I should have expected the money, unless he delivered the beer.
MR. PHILLIPS. Q. But would you not expact to find the blank there? A. Yes; the book was made up the first thing every morning.
COURT. Q. But if he did not leave the cask he would not enter the name? A. No.
THOMAS BICKNELL . I am an inspector of the Police -I took the prisoner on the 2nd of October; I made him no promise or threat; I told him I took him on a charge of embezzlement; the prosecutor was present - he said, whatever difference there was existing between him and Mr. Betteley, he wished to settle it, and not be taken before a Magistrate.
Prisoner's Defence. The accounts were made up every night, and if there is any mistake it must be in their own book - these I paid for out of my own pocket, and when I have called I have given her receipts because it was paid - she has paid when she had no beer, for what she had before.
NOT GUILTY .
MR. PHILLIPS conducted the prosecution.
Cross-examined by MR. BODKIN. Q. Has there not been an error in the account of this very customer? A. No; I have not discovered that several customers are indebted to me, whose names are not down.
MR. PHILLIPS. Q. Then you have a demand against many of your customers, which they say they have paid? A. Yes, they have paid the prisoner.
GERRETT GERKIN. I am a chandler, and live in Chamber-street, Goodman's-fields . The prisoner used to serve me with beer on account of the prosecutor - when I pay him he initials off the payment in my book, which I have here; he marks it at the time I pay him - on the 27th of April here is 9s. marked off, and his letter opposite; it was for two casks paid together; here is 9s. on the 6th of May , and on the 7th of May marked off in the same way.
Cross-examined. Q. Do you mean to swear there is the initial of any person opposite the 27th of April? A. They were all paid for as they were scratched out that is all I can tell about it - my wife pays sometimes,
COURT. Q. This is a book with " S. Betteley" on the back of it? A. Yes; the prisoner brought it to me, and said it would do instead of printed receipts - the whole of the writing is the prisoner's; I began last year, and these are particular sums struck out, and J. K. put against them.
MR. BODKIN to WILLIAM THOMAS BLACKMOOR. Q. Have you not discovered that the prisoner had paid his master for beer which is still owing? A. Yes, in some cases; I did not discover that I had made an error in my account with Mr. Gerkin - there was no error discovered, to my knowledge; I do not recollect an error on the 29th of July.
Prisoner's Defence. There was at one time in Mr. Gerkin's account - I said it was more than he owed - we looked over, put it to rights, and put the money down in the ledger; there is no doubt there are many places similar.
GUILTY. Aged 40.
Recommended to Mercy by the Prosecutor and Jury .
Confined Eight Months .
FRANCES MUNDY . I am the wife of David Mundy , a hackney-coachman , who lives in Circus-street, New-road . On the 4th of October I was looking out of window, and saw the prisoner come down the street and enter the house - he stood in the passage; I went and asked what he wanted - he said he came for David Mundy's brown coat - I fetched it, and gave it to him; in half an hour I went out, and found it was not right - I saw the prisoner again on the Thursday following; I asked what he had done with it - he said he had not fetched it; I had known him before.
Prisoner. Q. You said you had been looking for me two or three days before? A. No, I said the Marylebone officer had - I had not heard of it till the night before.
Prisoner. I had been about the neighbourhood, and had seen the officer.
GUILTY . Aged 19. - Transported for Seven Years .
WILLIAM EDWARDS . On the 27th of September I left my clothes in the forecastle of the Retrench , with 3s. 6d. in the pocket - I was up aloft at the time; when I came down I missed it, and spoke to the foreman of the gang - I heard no more of it till I was sent for to the office, where the prisoner gave the money into my hands; I said there was one of the shillings cracked.
THOMAS PHIPPS . Between eleven and twelve o'clock the prisoner was on board the ship - I afterwards heard of the money being lost, and the prisoner was ordered on shore; the principal of the warehouse asked him if he had any money - he said No, nor had not seen the lad's clothes - the principal superintendent said, "I must take him to the office;" in going along he said he had the money, and gave it me out of his shoe - I would not take it, and he gave it to the prosecutor, who gave it to the officer; he at first denied that he had seen the money or the lad's clothes.
The prisoner put in a written Defence, stating that he had found the money among some casks on board.
One witness gave the prisoner a good character.
GUILTY . Aged 40. - Confined Four Months .
WILLIAM GREEN . I am a hawker of gingerbread . I was at a public-house at Enfield on the 24th of September - I had a few words with the landlord, and he sent me to the watch-house, at half-past nine o'clock at night; I had near 1l. worth of silver, as I thought - I know I had what is stated in the indictment; the prisoner was in the watch-house - I went to sleep, and the officer came in the morning to let me out; I then missed my money; I went to look on the bed on which I had been, and the officer asked what I was looking for - I said I had lost a half-crown eight shillings, and a good many sixpences; the officer ordered the prisoner and another to strip, and from the back of the prisoner's trousers he cut out this money, with a knife - I had only one half-crown and a few halfpence in the morning.
JOHN WILSON . I am an officer. The prosecutor said he had lost nearly 1l. worth of silver - the prisoner and another person were there; I found on the prisoner this money - here is 17s.; it was in the waistband of his breeches - I had searched him the day before, and found nothing on him; I took every thing from him but a needle and thread.
Prisoner's Defence. You did not - I pulled out my things myself; that money I had saved up by industry, in working for the parish at 9s. a week, to put me over the winter.
GUILTY . Aged 21. - Transported for Fourteen Years .
ELIZABETH JONES. I am a widow . I lost two gowns between three and four o'clock on the 15th of October, from my passage, in King-street, Drury-lane ; the prisoner came in, and offered some rags for sale - on her going
Cross-examined by MR. LEE. Q. When had you seen them before? A. Not two minutes - she appeared sober; it was possible to get through the passage without running against these - I let her go, as I saw no officer.
JOSEPH MYERS . I am a broker. On the afternoon of the 15th of October I was passing through King-street, and saw the prisoner go into this shop, come out again, and stand on the threshold of the door - she took down two gowns, and walked away quickly with them; the prosecutrix went and took her - another female came out of the house, and took hold of her till the officer came and took her.
Cross-examined. Q. Is it not a passage through which people pass to different parts of the house? A. Yes.
Cross-examined. Q. In whose possession have they been? A. The prosecutrix's.
The prisoner received a good character.
GUILTY . Aged 43. - Fined 1s. and Discharged.
SOPHIA SWAIN . I am the wife of John Swain - he is a comb-manufacturer , and lives at No. 388, Oxford-street . I was without a servant in August, and employed the prisoner to wash and char for me - she was in the house, and had access to where my sheets were kept; when the washing day came round the prisoner was washing for me, and I missed five sheets - I came down, and accused her of them- she said she knew nothing of them, and offered to take her oath on the Bible that she did not; I went to several pawnbrokers, and found this sheet, with my own name on it, at Mr. Harrison's.
GUILTY . Aged 38. - Confined Two Years .
1942. MARY McCABE was indicted for stealing, on the 9th of October , 2 shirts, value 2l.; 1 shift, value 1s. 6d.; 4 handkerchiefs, value 5s., and 1 pair of stockings, value 9d. , the goods of William Sellman .
ELIZABETH SELLMAN . I am the wife of William Sellman, of Douglas-street, Westminster . The prisoner worked for me; I missed these shirts and handkerchiefs out of a cupboard - I had seen them at half-past eight o'clock on the Saturday night, and missed them in the morning - the prisoner had worked for me some months.
Prisoner. Q. Are not my things at your house? A. Yes - I owe you 1s., and one week's wages.
Prisoner's Defence. I pawned the two shirts, but not the handkerchief - I meant to get them out on the Monday- I have had a good character for fourteen years; my husband has deserted me; I asked my mistress for wages, and she told me she would give me a sovereign on the Tuesday following.
GUILTY . Aged 24. - Transported for Seven Years .
CORNELIUS GREENWOOD . I am a gardener . I met the prisoner at the Cricketers, at Hounslow , on the 13th of October - I treated her with three or four pints of beer; I then went to the George the Fourth, and treated her with some rum - she then asked me to go with her, and we went to a field on the left-hand side of the road; we came out of the field, and went to a gate - I then found her hand in my left pocket; I pulled it out - I did not feel in her hand; when I left the George the Fourth I had three sovereigns, and a five shilling piece, and I had given her a shilling - I did not go away directly; I pulled her hand out of my pocket, but there were three young men came past who put us aside - she told me to go on to the next gate, and she would meet me there; I went on, and missed my three sovereigns - I went to the George the Fourth to inquire for her, but she was not there; I found the Policeman - I told him what I had lost, and we went and found her; she had 1l. 13s. 0 1/2d. - she said I had given her the three sovereigns instead of three shillings, but I had only given her a shilling.
The prisoner put in a written Defence, stating that the prosecutor had given her the sovereigns instead of three shillings, which she discovered on calling at a public-house, and paying one for a shilling.
JOHN JENKINSON re-examined. I took her at the Canteen - she said two men stopped her in a lane, and took a sovereign from her; she did not say she had rendered a sovereign instead of a shilling, in payment for liquor - the prosecutor appeared sober; he said he had given her a shilling, and no more.
JURY to CORNELIUS GREENWOOD . Q. What money had you? A. Three sovereigns, a five shilling piece, and a bad shilling; I changed the five shilling piece for drink- I had the three sovereigns, and the remaining silver, together in the same purse; the silver was left, and the gold gone - this is the purse; there was the bad shilling, and 3s. 6d. - I had changed the crown piece, and treated her with a glass of rum; I had paid for the beer with some other silver - I opened the purse, and the prisoner was by my side; I do not know whether she saw it - I took out the purse to give her a shilling, and put it into my pocket again; I did not mention to her that there were any sovereigns in the purse - I pulled her hand out of my pocket, and felt the purse in my pocket then; it was just before I parted from her - I did not treat her with a gill of liquor after I changed the crown piece; I had 4s. 6d. and the bad shilling left.
NOT GUILTY .
1944. ANN POWELL was indicted for stealing, on the 9th of October , 15 spoons, value 10l.; 2 pairs of candlesticks, value 3l.; 16 knives, value 20s.; 16 forks, value 20s.; 2 decanters, value 5s.; 7 shirts, value 2l, and 3 handkerchiefs, value 10s., the goods of William Bernard Ogden , her master; and 4 shirts, value 1l. 10s., the goods of John Maude Ogden , in the dwelling-house of William Bernard Ogden .
WILLIAM BERNARD OGDEN . I live in St. Mildred's-court - the prisoner had been my servant about six months. On the 9th of October, in the evening, she left without my permission - she had given me no warning; she did not ask for wages - she had money in advance; she had money every Saturday afternoon or evening - when she was gone I missed a great variety of articles, and traced them to some pawnbrokers.
EDWARD CALVER . I am a pawnbroker, and live in Watling-street. I have a gravy-spoon, eight other spoons, nine shirts, two pairs of sheets, nine forks, a blanket, and other things, pawned by the prisoner at different times.
WILLIAM MARCHANT . I am an officer. I took the prisoner - I asked what she had done with her master's property; she put her hand into her pocket, showed me the duplicates, and said she did it through distress.(Property produced and sworn to.)
GUILTY of stealing to the value of 99s. only . Aged 38.
Transported for Fourteen Years .
There was another indictment against the prisoner.
JOHN BUCHANAN . I was going, on the 7th of October, from Finsbury-square to London-wall - I felt some one touch me; I turned, and saw the prisoner immediately behind me, with my handkerchief in his hand - I accused him of stealing; he threw it down, and another boy, who had been with him, ran off - they appeared to be together, and were both so close to me that I cannot say which was nearest; this is my handkerchief.
GUILTY . Aged 15. - Transported for Life .
THOMAS LEGG . I am porter to a gentleman in Fleet-street. On the 21st of September I was under the archway of Temple-bar - I saw a gentleman's servant walking alone: I saw the prisoner with two other boy s - I watched them, and when I got near to them the prisoner took the gentleman's servant's pocket handkerchief, and was putting it into his pocket; he turned towards me, and I caught him - I called to the servant, but he did not hear me; I took the handkerchief, and gave it to the officer - the prisoner's companions ran away when I took him.
GUILTY . Aged 15. - Transported for Seven Years .
WILLIAM ROFE . I know Mr. Benjamin Hickinbotham - he is a butcher , and lives at the corner of the Minories . Between nine and ten o'clock on the night of the 9th of October, I saw the two prisoners in company, near his shop; they were standing at the next window, near his board - I saw Mortimer take the beef off; the other was close to him at the time - they both went away together; Mortimer carried it - they went down the Minories, and crossed the road; Mortimer then gave it to Jones - I went back, and gave an alarm; they were taken in the Minories - I am quite sure of their persons.
JAMES WRIGHT . I am apprentice to Mr. Benjamin Hickinbotham . I heard the alarm, and ran down the Minories - I saw Jones with the meat, and he was taken; the other was close by his side; there were four or five others in company, who all ran away - there were 45 Ibs. of meat.
Jones' Defence. A person asked me to carry it - I went on, and the man came and stopped me - I do not know any thing of this prisoner.
Mortimer's Defence. I was coming down the Minories, and saw a mob; I went over, saw this prisoner on the ground, and the butcher near him; I asked what he was going to do with him - he turned, and said I was one of the gang; I have lately come from North America.
MORTIMER - GUILTY . Aged 20.
JONES - GUILTY . Aged 18.
Transported for Seven Years .
ISAAC EASLEY . I am a watchman of Blackfriars-bridge. I was on duty, at past two o'clock in the morning of the 30th of September - I saw the prisoner on the bridge, with a pair of sculls, one in each hand; he was going from London towards Surrey - I asked him if he was going to work so early; he said Yes - I asked if they were his own sculls; he said Yes, and his name was William Jones - I found they were marked W. T., and I took them to the watch-house; a waterman, who was there, said they belonged to a man named Tyrrell, and I found him in the morning.
WILLIAM TYRRELL . I am a waterman , and ply on the London side of Blackfriars-bridge . I had two boats there, and these sculls were standing loose on the first landing-place - they are mine, and marked with my name; I do not know the prisoner.
GUILTY . Aged 33. - Confined Six Weeks .
CHARLES SIMONS . I am a watchman of St. Andrew's, Holborn. On the evening of the 29th of September, at half-past nine o'clock, I saw the prisoner, between Castle-street and Holborn-bars - there were three others with him, and they were behind a gentleman and lady; I saw the prisoner take the handkerchief from the gentleman's pocket - the gentleman turned, and shook his umbrella at
JOHN MARCHANT . I am constable of St. Andrew's Holborn. On the 29th of September, I was officer of the night - Simons brought the prisoner and another into the watch-house; the prisoner was accused of having stolen the handkerchief from a gentleman's pocket - the prisoner said it was his, and he had bought it in Field-lane; I asked if there wereany marks on it - he said No; but there is R. H. E. on it: I took them both to the Compter, but the bill was thrown out against the other.
Prisoner's Defence. I told him if he had seen me, why did he not take me into the Blue Posts - When I came before the constable I told him there were three marks on it, but I did not know what they were, as I cannot read or write.
GUILTY . Aged 19. - Transported for Fourteen Years .
HANNAH MASTERS . I am the wife of William Masters - he is now in Dublin. I live on Lambeth-hill ; I stand in the street with oysters, and take in a little washing. The prisoner lodged with me four days - I had not known her before; on the 23rd of September I went out with my oysters, from five o'clock till half-past seven - I left this property on the line: I had had it to wash - I left the prisoner and my two children at home; when I came home the prisoner was gone - I saw her three weeks afterwards, at the bottom of Field-lane; I asked her what became of the property - she said she had never robbed me nor any other person in her life, and she would scorn such an action.
ESTHER DAVIS . My husband keeps a clothes-shop in Field-lane. The prisoner brought these things to my house, and asked me to buy them; I opened the bundle-there were three shirts, a shift, a petticoat, and a pillow-case in it; she said she wanted sixpence a piece for the shirts, and the others she would give me in, being very old - I asked if they were her own; she said the old things were, but the shirts were her brother's - she left them with me, and said she would fetch her brother: my husband was out, but when he came home, he called an officer, and gave them to him.
Prisoner. She said I was not the person - I know the man who went into the house and stole the things, and the woman he lives with went to sell them at this house; I met the man, and told him there had been 2l. reward for him.
JOHN MARCHANT . On the 22nd of September, Davis called me in, and said his wife had some linen offered her for sale, and the woman who offered it was gone to fetch her brother - I took it, and had it three weeks; on the 8th of October, I was officer of the night, and the prosecutrix brought in the prisoner, and described the property - I told her I had it at my house, and she identified it.
Prisoner. The man who stole these things told my sister. that if I would not say any thing against him, he would not come near me - I had lodged one week with the prosecutrix, and left her what money I had, and some of my clothes.
WILLIAM TUFFETT . I am the son of the prosecutrix, and was at home from five o'clock till half-past seven - the prisoner lodged there; I saw her take these things off the line, but I had no idea what she was going to do with them - she went out several times before she took them, and then she sent me to my mother, with a dish for some oysters.
GUILTY . Aged 18. - Transported for Seven Years .
1951. CHARLES WOODMAN was indicted for that he, on the 21st of August , feloniously did utter, dispose of, and put off, a certain forged request for the delivery of goods, addressed to Messrs . Jones and Brown , stationer s, No. 4. St. Paul's Church-yard , with intent to defraud them, he knowing the same to be forged .
MR. CLARKSON conducted the prosecution.
MR. HENRY GEORGE BROWN . I live at No. 34, St. Paul's-church-yard, and am in partnership with Morgan Griffith Jones ; we are stationers; we had a customer of the name of Butcher, at Tring - on the 21st of August we received a letter bearing the Tring post-mark, and purporting to come from Mr. Butcher; I attended at the office when the prisoner was apprehended - the Magistrate asked him what he had to say; he said, "Your worship, I acknowledge I wrote the letters, and received the goods; I wish to give these gentleman no more trouble than is necessary;" - in consequence of the receipt of the letter, the goods mentioned in it were packed up; the value of the whole was £5. 17s. 2d.; they were packed up in a square brown paper parcel -I directed the parcel for Mr. C. Woodman, by Salmon's Barnet coach, to be left at the office till called for; that was agreeable to the order - I delivered it to Webb to take to the office - the letter came through the General Post delivery - on the 30th of September we received another letter by the twopenny post, which purports to come from Charles Woodman ; this is it.
Cross-examined by MR. LEE. Q. You received the first letter by post? A. Yes - I do not know that it came into my hands; I found it on the desk - we had dealt with Mr. Thomas Butcher for some time previous to this; Charles Woodman was unknown to me - it was on Friday, the 1st of October, the prisoner acknowledged having written these letters; I think I was the only person in the office besides the officer - I am sure he said it was his own hand-writing; he said, "I acknowledge to have written the letter and received the goods; I wish to give these gentlemen no more trouble than is necessary;" this was
EDWARD WEBB . I am porter to Messrs. Brown and Jones. On the 24th of August I took a parcel in the office of the Cross Keys, St. John-street, directed for C. Woodman, Hadley, near Barnet, by Salmon's coach, to be left at Salmon's coach-office till called for.
Cross-examined. Q. Have you been long in the prosecutors' service? A. No; I have not taken out many parcels - I can read a little, but cannot write - here is a book in which this parcel was entered; I had taken some other parcels that day, but this was the last I carried that evening - I cannot tell the address of any other parcel I took that day; I received this parcel from Mr. Brown.
JAMES WILLIAM FOUCH . I am book-keeper at the Cross Keys, St. John-street. On the evening of the 24th of August I took in the parcel, and delivered it to Mr. Salmon's coachman the next morning - Mr. Salmon, Jun. was the coachman.
JOHN SALMON . My son took the parcel; I am coach-master of the Barnet coach. On the 25th of August I received the parcel directed for Mr. C. Woodman; I kept it at my house from three to six days - at the end of that time the prisoner came for it, and had it; he asked if I had a parcel for him - I said Yes; I knew his name: he said, "I am come for it;" I said, "I suppose you are hawking;" he said, "Yes, but my uncle is dead, and I must go back to London.
Tring, August 20, 1830.
GENTLEMEN, - A relation of mine is opening a shop at Hadley, near Barnet; as he is a new beginner I wish to assist him, you will therefore greatly oblige me by sending the following goods:- one ream of best foolscap, one ditto of common, one ditto of gilt post, one ditto of common post, six dozen parchment-bound ciphering-books, and six dozen marble copy-books, which I will thank you to place to my account till I see you again, which will be in about a fortnight; if I had thought of it, I certainly should have given you the order when I was in town last week, but as this is a private act of mine towards a relation, I will thank you to let the amount stand to me till the above time, when you will see him with me, and he will order what other things he may want; you will oblige me by sending them on Monday at farthest, as below. I am, Gentlemen, your obedient humble servant. THOMAS BUTCHER .
Mr. C. Woodman, Mr. Salmon's Barnet Coach, to be left at the booking-office till called for. Coach from Cross Keys, St. John-street.
To Messrs. Jones and Brown, stationers, St. Paul's church-yard, London.
Hadley, September 30, 1830.
GENTLEMEN, - I thought of being in town before, but have been prevented, owing to a desire on my part to call upon you with Mr. Butcher of Tring, my relation, which we have agreed shall take place one day next week. I have had a great demand for copy-books and paper since I have been here, owing to my having been educated in the neighbourhood; you will oblige me by sending as below, as early as possible, by Salmon's coach from the Cross Keys, St. John-street, Smithfield. I am, Gentlemen, your obedient servant, CHARLES WOODMAN .
Two reams of the best foolscap, two ditto of common, two ditto of best post, two ditto of common, six dozen ruled copybooks, as before.
To be left till called for at Salmon's booking-office, Barnet.
GUILTY . Aged 49. - Transported for Fourteen Years .
There were two other indictments against the prisoner of the same description.
OLD COURT. SATURDAY, OCTOBER 30.
First Middlesex Jury, before Mr. Justice Park.
MESSRS. ALLEY and PHILLIPS conducted the prosecution.
MRS. MARY ANN ROBERTS . I am the wife of Mr. George Roberts, and live at No. 33, Mornington-place, Hampstead-road . On the 26th of June last, a lady named Cashin, came with her daughters, to lodge at my house - the eldest daughter was Catherine; she appeared in perfect health when they first came, and continued so till within four or five weeks previous to the time that I went with her to Mr. Long, which was on Friday, the 13th of August - he lives at No. 41, Harley-street; Miss Catherine Cashin introduced me to Mr. Long - Mrs. Cashin, on the morning of that day, requested I would go with Miss Catherine to Mr. Long, and state to him her fears with respect to the wound on her daughter's back - I did so; he did not examine her back in my presence - he said Miss Cashin must go and inhale, and after that he would look at her back; I went with her while she inhaled, and after that Mr. Long had her in another room.
Q. Will you describe, as well as you can, what the process of inhaling was? A. When I went into the room there appeared to me to be two cabinet-pianos; on her entering the room, each lady took a pipe about a yard and a half long, and put it into an orifice in the machine, opposite to which she placed a chair, and put the other end of the pipe into her mouth; I should think there were eight or ten ladies in the room - Miss Cashin was half an hour or three quarters inhaling; she then went into a room down stairs, to which I did not go - I saw Mr. Long as we were going into the carriage; that was after Miss Cashin had been in the room: as we were going to the carriage Mr. Long expressed a wish that Miss Cashin would not omit coming every day to his house, for the purpose of inhaling.
Q. Did he say any thing about the wound on her back? A. He said it would be quite well in a few days - I went home with Miss Cashin.
Q. On the 14th of August, in consequence of the state Miss Cashin was in, and something Mrs. Cashin said to you, did you write to Mr. Long? A. I did, and between six and seven o'clock he came to the house, and saw Miss Cashin, in my presence; he examined the wound on her back, said it was in a beautiful state, and that he would give one hundred guineas if he could produce a similar wound on the persons of some of his patients - I directed his attention to a particular portion of the wound, which was much darker than the rest; it presented a dark inflamed appearance - he said it was the consequence of inhaling, and unless these consequences were produced he
Q. Why do you say "uncorteously?" A. Because I never saw a medical man do so in my life; he did not do it gently, but very rudely - I begged him to step aside till I had removed the poultice; Miss Cashin said, "Indeed, Mr. Long, you shall not touch my back again - it is horrible, the state in which you have brought me; you very well know, when I became your patient I was in perfect health, but now you are killing me;" Mr. Long replied,"Whatever inconvenience you are now suffering will be of short duration, for in two or three days you will be in better health than ever you were in your life," and again spoke most confidently that the result of his system would be to prolong her life - he then put on his coat; Mrs. Cashin said, "Mr. Long, I thought you were going to do something to Catherine's back."
Q. Before he put on his coat, and Mrs. Cashin thus addressed him, do you remember his saying any thing of the complaint she would have been under? A. He said that within two months she would have been seized with consumption - that the state of the stomach and bowels were all symptoms he wished to produce, and that they were proofs there were the seeds of consumption in her- when he had put on his coat, he said, in answer to Mrs. Cashin, that no person could be doing better than Miss cashin was - I pointed out to him again the same spot in the wound, which I had pointed out on the Saturday; it was then darker, and the wound had materially extended in that interval - he said that probably a number of biles would come out, which would be the consequence of inhaling, and what he wished to produce - he said she was going on uncommonly well; the linen he desired had been brought to him, but he made no use of it at all - Miss Cashin's back was laying exposed during all this conversation; I should think the wound was exposed to the air for ten or fifteen minutes - I again pressed his attention to the sickness, and Mrs. Cashin did the same - he said he had a remedy with him which would stay the sickness, but he would not then apply it, for the sickness would be of ultimate benefit to her, and he liked the sickness; Mrs. Cashin said, "Good God, Mr. Long, why don't you now apply it?" he said he did not wish the sickness to be stopped, that he had had a lady who had had sickness for six weeks, and she was better for it; that our fears were perfectly groundless, for no person could be doing better than Miss Cashin was - I then named the irritation of the bowels, and he ordered her to have some rhubarb and magnesia; before he went away he said if the sickness was not over by eleven or twelve o'clock at night he would call, and give her something that would stop it - this was Sunday morning; (Miss Cashin died about ten o'clock on the Tuesday morning;) he called again that Sunday night, between eleven and twelve, of his own accord; the sickness had continued, and he gave her some medicine which he brought with him; it was thrown off her stomach before Mr. Long left the room - he had stated in the morning that he was going to Richmond for the day, and would call on his return.
Q. In what state, according to your observation, was Miss Cashin in the morning while Mr. Long was there? A. She presented in the morning a very distressed and restless appearance; she was tumbling and tossing about the bed - she got gradually worse, and when Mr. Long called, between eleven and twelve o'clock at night, I told him I thought the nervous system was so much affected something ought to be done, and probably some medicine might be given with effect - he said my fears were perfectly groundless, and it was my ignorance of his system, and that she would be perfectly well in two or three days; he then took his leave; I was with Miss Cashin till past two o'clock in the morning; we were constantly removing her pillow - her distress was extreme; Mr. Long called next morning between eight and nine o'clock - I was not then in the bed-room, but I stepped into the drawing-room, after he left Miss Cashin, to ask him how he thought she was; he said she was doing uncommonly well; I immediately left the room - he came again in the afternoon, after Mr. Brodie had been;
COURT. Q. Did two ladies, named Cashin, come from Ireland? A. Yes, this and a younger one; the other was a patient of Mr. Long's before her - I understand she had been his patient from the time they came to England; I only went with Miss Catherine - she appeared in perfect health, and continued so till within four or five days of her going to the prisoner with me; she had been his patient for four or five days before I went with her.
PATRICK SWEETMAN . I live at Dublin. I married a sister of Miss Cashin's - in consequence of a letter which I received, I came over to this country; she had left Ireland about seven weeks, and was then in very good health - I arrived in England on Saturday, the 14th, about six o'clock in the evening, and went to see her immediately; I remained below stairs while the prisoner was up with her - he came down shortly after my arrival, and I asked him what he thought of Miss Cashin; he said, "As to Miss Cashin, she is doing remarkably well, just as I wish," and was just in the state he wished her to be - I remarked that her stomach was sick; he said that did not signify, that would be well of itself - before he came down I was in the hall, or on the stairs, and heard him conversing with Mrs. Roberts; she asked him if something should not be done to allay the heat of Miss Cashin's back - Mr. Long said it should be exposed to the air; Mrs. Roberts said she thought something ought to be put to it - he said,"Then, if there must be something, put a little cold cream, and sop it up with linen from time to time;" Mrs. Roberts said she (Miss Cashin) could not bear that - he then said, "What would you put?" she said she had applied a poultice, which had given relief in the morning: next morning, Sunday, I breakfasted with Mr. Long - I went on account of my sister; on leaving him, I told him I had come from Ireland to inquire into the health of the two Miss Cashins - he told me with regard to Miss Catherine Cashin, that her friends need be under no apprehension, for that her back was in the state he wished it to be, and that there were many of his patients would be glad to have such a discharge; her stomach, he siad, would get well of itself.
Q. Did he, in the course of your conversation, say any thing about what induced her to become his patient? A. He told me that a young lady, a patient of his, asked him what he thought of Miss Cashin, and that he told the young lady, unless Miss Cashin put herself under his care she would die of consumption in two or three months - that the young lady told Mrs. Cashin, the mother, the conversation she had had with him, and the consequence was, that Mrs. Cashin put Miss Cashin under his course of treatment, hoping to prevent her from consumption; he told me his treatment was to rub a mixture on different parts of the body, sometimes on the back, sometimes on the chest, head and the eyes also - he said that had been done to Miss Cashin, and asked me to sign a book which he had, binding every one to secrecy.
COURT. Q. Did he say, "Binding every one to secrecy?" A. He produced a book, and asked me to sign it - I wished to see the purport of the obligation; I read it, and remarked that I had no objection to sign it, as it required us not to divulge what the mixture was, or the colour of it, and I could not divulge it, for I never saw it, and did not know what it was made of; there was a gentleman in the room at the time, who said, "Are you going to swear Mr. Sweetman?" and remarked that it was all nonsense - Mr. Long replied that he had his reasons for making people sign the book. My sister died on the Tuesday following - Mrs. Cashin is in Ireland.
Cross-examined by MR. GURNEY. Q. I believe Mrs. Cashin had come from Ireland on account of a younger daughter, Miss Ellen? A. Yes, she was supposed to be in a consumption - she brought her to England to put her under Mr. Long's care.
Q. Had she lost one of her children before of consumption? A. I suppose it was considered consumption - her son had died about a year before at Lyons, in France; he was nineteen years old - Catherine was twenty-four, and the younger sister sixteen or seventeen; not more than seventeen.
B. C. BRODIE, Esq. I am a surgeon. I went on Monday, the 16th of August, between five and six o'clock, to the house of Mrs. Roberts, and saw Miss Cashin - she was confined to her bed; I examined her person, and found her back very extensively inflamed - the whole of the inflamed surface must have been as large as the whole of a common plate, and in the centre of the inflamed part there was a spot as big as the palm of my hand, which was black, dead, in a state which we call slough or mortified - she was also suffering from incessant sickness; I was informed that nothing whatever would remain on her stomach- I prescribed some medicine for her, merely to allay the sickness - nothing further could be done at that time; I ordered a poultice to be applied to the back - I believe it had been poulticed before; I desired it to be continued -I thought her very ill indeed, though I did not at that time regard her to be in such very imminent danger as she was.
Cross-examined by MR. GURNEY. Q. When you arrived at the house, and heard the young lady was dead, I believe you were perfectly astonished? A. I did not expect her to die that day; I do not know that I expressed great astonishment - I saw the body; mortification had extended in the course of the night very rapidly indeed -I did not examine the entire body.
Q. Is there a system among some of your profession of curing disease by counter-irritation? A. It is very common; a blister causes counter irritation.
Q. Will not the things which are made use of as counter-irritation have different effects on different persons? A. Yes, they will; I have known cases where a blister will not disturb the system of one person, and produce very great distrubance in another: the bad appearance in this wound would not alter after death.
MR. PHILLIPS. Q. Are there means which may be used by professional gentlemen to check counter-irritation, if it proceeds too rapidly? A. Yes, there are, and they require to be used with discretion.
Q. Would you think it right to apply to a person in perfect health, stimulating linaments, which would produce such a slough and sore as you saw on this lady's back? A. Certainly not, and I doubt very much whether any stimulating linaments, in common use among the profession, would produce the same effects - the same extensive mischief; I mean by that to include the constitutional effects and the local effects: the sickness and vomiting were as much the effects of what had been done as the mischief - if the linaments had not been applied to the back there would not have been the sickness nor the mortification.
COURT. Q. Upon your judgment and experience, if lotion of so powerful a stimulating nature as to produce the effect you observed on the person of the patient, was applied to a person of her sex and appearance, being then in perfect health, was such an application likely to produce a derangement in the system, and to produce disease and danger? A. I think it would, and it has fallen to my lot to see another case, exactly similar, since.
Q. Is there much difference in the constitution of persons, so as for the effect to be different, according to the constitution? A. There is - it depends on the constitution, the thickness of the skin, and other things; it is not uncommon to apply stimulants to the chest, blisters for instance - I never knew stimulants applied where there were no symptoms of consumption; I did not know the young lady before - when I saw her there was a black spot of mortification in the centre of the wound, which extended during the night; the black spot itself was as large as the palm of my hand; wine would have been proper to administer if the stomach would bear it.
Q. Why you say it was improper is on account of the stomach? A. The question put to me was whether a tumbler of wine would be proper; mulled port wine, administered in a proper quantity, would not be improper, if the stomach would bear it - I was not present at the post mortem examination; the appearances I saw on the back were quite sufficient to account for death - I can say nothing about what produced these appearances, except from what I was told by Mr. Sweetman, Mrs. Roberts, and others in the house; I did not examine the back after the body was opened - I saw a portion of the dead skin, which was taken from the back.
MR. ALEXANDER THOMPSON . I am a bachelor of medicine. I attended at Mrs. Roberts' house, and saw the body of the deceased there, stated to be Catherine Cashin, on the Sunday morning after her death; I examined the body, and the wound on her back - (producing a memorandum) this was not made by myself.
Q. Give us an account of the appearances of the body, as well as you can, without referring to that? A. I will endeavour to do so, but it is not usual with medical men to recollect these things - we commit them to writing. I have heard Mr. Brodie's evidence, and concur in every thing he has stated, most certainly; I went to the tomb where she was buried; I saw the same body there, as far as I could possibly ascertain - it had similar appearances to the body I had seen; I had sewn up part of it - it had the sewing up which I had made, and also the incisions I made.
MR. THOMAS KING . I attended the examination of the body of the deceased, at the Roman Catholic chapel, Moorfields, on the 24th of August; Dr. Thompson, and various other surgeons were present - there was a piece of dead or disorganized skin, which we call an eschara - (which Mr. Brodie calls slough) between the shoulders, nearly the size of the crown of my hat; the parts beneath the skin were gorged with serum.
Q. What did the appearances you saw on the back seem to you to have been produced by? A. If I was to hold a piece of hot iron about a quarter of an inch from the skin, it would produce such an eschara - we examined with a view to discern if there was any latent disease; we discovered none whatever - I examined under the brain and spinal marrow; the muscles were in a tolerably healthy state - they were in the state I should expect after laying some time in the tomb.
JAMES JOHNSON , ESQ. M.D. I attended the tomb, and was present at the examination of the body - the limbs and breast were plump and fleshy, and so was the body generally; there was no appearance whatever of disease, except where the wound was inflicted - not of disease which could have preceded the inflication of the wound; I believe there was no disease existing previous to that - there was no evidence of it whatever; I examined the brain - it was perfectly sound, and the spinal marrow was perfectly sound.
Cross-examined by MR. SERGEANT ANDREWS. Q. Was this on the Sunday after her death? A. On the 24th, the Tuesday week.
JOHN HOGG, ESQ. I am a physician. I examined the body of Miss Cashin, with the other gentlemen, in the tomb at Moorfields chapel - I observed the appearances on the back very particularly; I have heard the evidence of the other gentlemen - I differ a little with Dr. Johnson's description of the spine, but I agree in the description of
Q. Can you conceive any state in which, in a healthy body, the application of any thing which could produce such a sore could be of service? A. Certainly not.
COURT. Q. What, do not you agree with Dr. Johnson about? A. It struck me the sheet of the spine was discoloured opposite the external wound - the inference I should draw from that was, that there must have been very great constitutional disturbance ensuing.
Q. Did you not state before the Coroner, that not having been present at the first examination, it was difficult for you to ascertain the cause of death? A. I said so, and that violence done to the nervous system was sufficient to cause death, particularly if done to a nervous young lady.
HENRY GOODEVE . ESQ. M.D. I attended at Moorfields chapel, and assisted in the examination of the deceased - I observed the wound on the back: I could discover nothing but what must have arisen from that wound, that could have caused her death - I examined the brain and every thing; I looked at her breast and limbs - they seemed, as far as I could judge, as if she had been a very healthy person; I would not have inflicted such a wound myself.
ALICE DYKE . I am in the prisoner's service, and have been so for six months - I was in his service on the 3rd of August; I remember Miss Cashin being a patient - she had a sister also a patient; I rubbed some liquid on the back of Miss Catherine Cashin on the 3rd of August, by Mr. Long's order - that was the first time I rubbed her back; I did not do it afterwards - I do not know what the liquid was composed of.
Cross-examined by MR. GURNEY. Q. Had Mr. Long a good many patients? A. Yes, a good many, many of them persons of rank and station - I was employed to rub the ladies; I used to take the lady who was to be rubbed behind a screen, which separated them from the rest of the room - the rubbing was for the purpose of producing a sore of discharge; she was rubbed but once - she came day after day to be dressed, and I washed round it with a lotion; I rubbed her the same as I did other persons, and washed her with the same lotion as others - it did not produce a greater discharge on her back than on that of other persons; there was not more discharging from her back than was usual - the rubbing usually produced a little discharge, not very much the first time; she was only rubbed once - she came to have it dressed till the 13th; I dressed it every day - it did not produce a worse appearance than usual; the bottle of lotion stood in the room where the ladies were - the Marchioness of Ormond and her daughter, Lady Harriet Butler , were there at the time Miss Cashin was; the same lotion was used to Lady Butler as to Miss Cashin - Miss Ottley was also there, and Miss Roxbourg; they and others were rubbed - the same lotion was applied to all; the rubbing is to produce a sore- the lotion was to wash the sore; the wound was dressed with a cabbage-leaf - Mrs. Cashin generally came with her daughter.
MR. PHILLIPS. Q. Was the same lotion applied to wash as had produced the sore? A. Yes - Miss Cashin's mother and sister were in the room when I rubbed her back, nobody else; when I had done this, I kept the bottle for other patients - when the liquid was out Mr. Long put more into it; the sore on Miss Cashin's back, on the 14th, was not bigger than the palm of my hand - not worse than other ladies; it was rather red - my master attended her every day.
COURT. Q. Did the lotion produce any sore, except when used for rubbing? A. No; I rubbed with a sponge- I have seen ladies wash their hands in the lotion and drink it.
Prisoner's Defence (written.) My Lord and Gentlemen of the Jury, - I am perfectly sensible, that in the situation in which I stand, I should not benefit my case by the use of eloquence, even if I possessed it; I will, therefore, in few words, state simply and truly all the facts I know respecting the unfortunate young lady whose early death occasions the present inquiry. In August last, Miss Catherine Cashin came to me, with her mother and sister, the latter of whom was deeply affected with a pulmonary complaint, and had, as they informed me, been given over by her physicians; the deceased was supposed to be afflicted with the same disorder, and was, by her mother's desire, put under my care for examination and cure; the means I used, and the mode of treatment I adopted, were those, by which, in the course of the last four years I have been enabled, under God, to restore to perfect health a great number of persons of the first respectability and of high rank, after their cases had been declared hopeless, and they had been given over by some of the most eminent medical men of the present day: if the course of treatment by me in the case of the deceased happened to fail, it was a dispensation of Providence, which human means could not avert - it was such a failure as frequently occurs to medical practitioners of the first repute; I utterly deny that I have in any way been accessory to the death of Catherine Cashin - had I no human feeling, no religious principle, my interest would prevent me from purposely doing or negligently hazarding any thing which could produce evil or even danger: in conclusion, Gentlemen, I will add one observation - I know that while this case was under discussion before the Coroner, and even since, the public press has been employed in endeavours to create a prejudice against me - even since the bill on which I am now being tried has been found, the substance of it, with comments, has been laid before the public; I am sure I need not intreat you not to judge or decide from such statements - I know you will be governed by your oath, and by that alone; but I intreat you, if possible, to dismiss from your memory any thing you may have read or heard on this most distressing subject. Gentlemen, I now leave the case in your hands with hope and confidence: an intention to do evil no one will impute to me, and it will be for you to decide whether a medical practitioner, he his comparative knowledge or skill what it may, shall be criminally answerable for a fatal event, which he could neither foresee nor avert. I am to be tried, not by any fancied system of justice, but by the law of England, constitutionally administered - to that law I make my firm and solemn appeal; you, Gentlemen, will have it explained by the learned Judge, and on his wisdom and your conscience, I place my firm reliance.
SAMUEL WILDEY . I live in Shropshire. I have resorted to Mr. Long as a medical man once - I was under his care about eleven months in 1827 and 1828; I was quite satisfied with his attention, diligence, and skill.
HER GRACE THE MARCHIONESS OF ORMOND. I have resorted to Mr. Long for medical advice for three of my daughters at different times; the eldest was under his care for five months, and the other two for local diseases a few days each - I am perfectly satisfied with his skill and attention; I first consulted him in April last, and continued to do so in June, July, and August, every day; I used to meet Miss Cashin there.
COURT. Q. Had your attendance on him with your first child ceased before you went with another? A. It was during the time; I had been attending him several months with my first daughter before I took the others.
MRS. SARAH OTTLEY . I have resorted to Mr. Long as a medical adviser, from June to September this year, and had opportunities of seeing his attendance on other patients - I was quite satisfied with his skill and attention to me.
MISS PENELOPE SMITH . I have had occasion to receive medical advice from Mr. Long; I commenced in April and continued for five months, till nearly this time - I formed a very favorable opinion of his skill and attention.
LORD VISCOUNT INGERSTRIE. I have consulted Mr. Long, as a medical adviser for about three weeks or a month, in the spring of 1829 - I was satisfied with his skill, attention, and humanity.
THE MARQUISS OF SLIGO. I have consulted Mr. Long, as a medical adviser in March last, and for three of four months - I never met a more cautions, kind hearted, or anxious person.
MISS OTTLEY. I attended Mr. Long for two months, and used to meet Miss Cashin there daily; I am perfeclty satisfied with his skill, attention, and humanity.
COURT. Q. Had your mother attended him in his medical character before you? A. I think about a fortnight- I went with her entire sanction.
MRS. SARAH WEBB . I went to Mr. Long for medical advice and assistance in April, 1827. and was under his care four months - I have not been to him since; I was quite satisfied with his skill and attention to me.
MISS ELLEN GREGORY . I live at Shacklewell. I consulted Mr. Long two years ago, and again last February; he attended me between two and three months each time- I was perfectly satisfied with his attention, kindness, and skill.
COLONEL CAMPBELL. One of my daughters had occasion to attend Mr. Long; the rest of my family attended him merely casually - my daughter was his patient from February to the end of May this year; the rest of my family went with my approbation and cousent - I was perfectly satisfied with his skill, his manners, and humanity- nothing could be more satisfactory.
ROBERT PORTER . I am surgeon-general of Jamaica. I have had an opportunity of witnessing Mr. Long's practice on my own person for nearly six months - I began on the 8th of May, and am still under his care; during all this time I have been perfectly satisfied with his skill, attention, and humanity - I was nearly thirty-six years in Jamaica, in the surgical profession.
LIEUTENANT-GENERAL SHARP. I am in His Majesty's service. Mrs. Sharp was under Mr. Long's care from the 14th of June till within about a fortnight; I am perfectly satisfied with his skill, attention, and kindness - I took Mrs. Sharp away, thinking her cured; she is in London now, but in delicate health.
MR. PRENDERGRASS. I live near Regent's-park. I have been a patient of Mr. Long's a short time; he very speedily removed all my complaints - I was perfectly satisfied with his skill, attention, and humanity.
WILLIAM ADDINGTON . I live at Kentish-town. I was a patient of Mr. Long's from December, 1829, till April or May; I was perfectly satisfied with his skill, attention, and humanity - I am a clerk in the East India-house.
MRS. ASHWORTH. I am the wife of General Ashworth. I have been a patient of Mr. Long's, also three of my children, my husband and sister, from the middle of March last, till this time; we are still under his care - I was the last patient; my husband and sister attended him first, and I was so perfectly satisfied that I put myself and children under his care - I can never thank him sufficiently for what he has done for us.
MRS. MCDOUGAL. I live at Guernsey. I was a patient of Mr. Long's in January last, and about a fortnight or three weeks ago, for about a month each time; the last time was since I heard of this prosecution - I was perfectly satisfied with his skill, attention, and humanity.
MR. JOHN PEMBERTON . I live at Hertford. I consulted Mr. Long two years ago, last October, for my child, who is here; she was under his care about six months - I accompanied her to him, and saw his care and attention; he restored her completely; I shall always he satisfied with his skill and attention - I shall pray for him as long as I live; I have called on him since, out of gratitude, but not for advice.
JOHN BRATHWAITE . I live in the New-road. - I went to Mr. Long for medical advice about three years ago - I was under him fifty days altogether, and have great reason to be satisfied with his skill and tenderness.
MISS HANNAH GRINDLEY . I consulted Mr. Long about fifteen months ago, and attended him about three months; his kindness and skill meet my approbation, and induced me to apply to him again in another illness - his conduct and attention gave me the most perfect satisfaction.
HARRIET ROXBOROUGH . I attended Mr. Long for medical advice for two months, nearly three years ago, and have been to him frequently at intervals since - the second time was about two months afterwards; I was perfectly satisfied with his skill, attention and humanity in every way.
GEORGE LINGS . I reside in the Borough. I attended Mr. Long for medical assistance, from March to the present time, and am perfectly satisfied with his skill, attention, and humanity at all times - I am much indebted to him for what he has done.
MRS. PRENDERGRASS. I am the wife of the former witness. I have attended Mr. Long within the last three weeks; I was satisfied with his attention, skill, and humanity, in every respect, both to myself and children; the children attended him before me, but merely for colds - I was perfectly satisfied with him, and was never better attended to.
Fined 250l. and imprisoned till the same be paid .
First London Jury, before Mr. Recorder.
GEORGE HOWELL. I am shopman to Mr. Walter, a grocer , of Chiswell-street. On Tuesday, the 26th of October, about six o'clock in the evening, I delivered to William Turner , Mr. Davison's servant, a bag, containing 28lbs. of coffee, and took his receipt for it.
WILLIAM TURNER. I am porter to Robert Davison , of White Lion-court, Seven-dials. I received a bag of coffee from Mr. Walter's shop, and put it into a truck; I had several other bags of coffee - I had to stop in Newgate-street , to receive some more from Mr. Young; I left the truck for about five minutes, opposite Mr. Young's door, but did not miss this bag until I got home; I found the prisoner with it in custody, at Guildhall, next day - I know it to be the bag I had missed; I do not know who took it.
MOSES MOSES . I live in Baker's row, Whitechapel. I saw the prisoner walking down Butcherhall-lane, Newgate-street, last Tuesday, about six o'clock, carrying a bag of coffee before him; I followed him into Aldersgate-street, and he was given in charge to Bunce - I afterwards saw the bag of coffee at Guildhall; it was claimed by the prosecutor - the prisoner had it when the constable stopped him.
Prisoner. Q. Did not you see a short man in a blue coat give it to me? A. I did not - I did not say so at Guildhall.
JOHN BUNCE . I am a constable. I took charge of the prisoner in Aldersgate-street, at the bottom of St. Martin's-le-grand, with this bag of coffee across his shoulders -Moses was there; Nathan gave charge of him - I have kept the bag ever since; I produced it at Guildhall, and it was claimed by the prosecutor - I saw nobody in a blue coat near him.(Property produced and sworn to.)
Prisoner's Defence. I was going down Butcherhall-lane after a job; a man asked me to carry this bag to the corner of Barbican, and said he would give me 6d., and a pint of beer.
WILLIAM TURNER. Mr. Young's is one or two doors from the corner of Butcherhall-lane; it is between St. Martin's-le-grand and Butcher-hall-lane.
GUILTY . Aged 28. - Transported for Seven Years .
1954. JOHN ROBSON was indicted for stealing, on the 2nd of October , 2 saws, value 12s.; 4 planes, value 12s. 6d.; 1 screw-driver, value 9d., 1 pair of pincers, value 1s. 6d.; 1 square, value 1s. 6d.; 4 chisels, value 2s. 6d.; 1 oil-stone, value 3s.; 1 mallet, value 4d., and 1 basket, value 1s. 6d. , the goods of Jesse Tapp .
JESSE TAPP. I am a journeyman carpenter . On Saturday, the 2nd of October, about half-past five o'clock in the evening, I left my tools in the first floor warehouse, in Botolph-lane - I left the warehouse safe; I returned on Monday morning, at six - my tools were then gone; the prisoner is a stranger - on the Friday, as I was going to work, I saw him in Eastcheap with a basket on his back; I followed, and succeeded in getting an officer, who secured him - I went up to him, and said, "Well, partner, I will thank you to let me have a look at these tools;" he instantly dropped them - the officer laid hold of him; I found all my tools in the basket - he did not say how he got them; I examined the warehouse, but do not know how they had got in.
Cross-examined by MR. PHILLIPS. Q. Did you find the locks all right? A. I did not examine the locks - I found nothing to excite my suspicion; other workmen were there before me - I left nobody there on the Saturday night; this is a warehouse under repair - it belongs to Long and Son; I do not think any body lives in it - they are extensive premises; I may have left somebody behind - Long and Son's men fastened the doors; I did not see them fastened - they are labouring men; I do not know how many of them there are - the prisoner was not one of them.
COURT. Q. Is it a warehouse alone? A. The warehouse is at the back of the dwelling-house - you must go through the house to get to it.
JOHN THOMPSON . I am a constable. Tapp met me in the street, and pointed to the prisoner - we went up to him; Tapp said, "Let me took at those tools?" the moment he spoke, the prisoner put them off his shoulder on to the ground - I directly took him into custody; I afterwards took him into a public-house, and asked how he became possessed of them - he said it was all right; I asked
Cross-examined. Q. If he had stolen them, he had plenty of time to sell them? A. He put them off his shoulder when the witness asked to look at them; he had the basket on his shoulder, as workmen usually have.
COURT. Q. How did he take them off his shoulder? A. He took them leisurely off.(Property produced and sworn to.)
The prisoner put in a written Defence, stating that on Thursday, the 30th of September, he met a man in Fleet-street, who stated that he was going to leave town, and wished to sell his tools; he appointed to meet him at the Tiger public-house, over London-bridge, where he bought the tools for 14s., and carried them home with the saw in sight.
MR. PHILLIPS to JESSE TAPP. Q. On what day did you leave your tools safe? A. On the 2nd of October.
JOHN THOMPSON. I met him with the tools on Friday, the 8th of October.
JOHN THOMAS ROBSON . I am the prisoner's cousin, and live in Abchurch-lane. On Saturday evening, the 2nd of October, I saw him at my house, at half-past eight o'clock - it was the Saturday before he was apprehended; he staid till half-past eleven - I let him out, and he went away; he was going to his lodging in Rosemary-lane, which is about a mile from my house - he did not tell me where he came from; I heard from other persons that he had come from the west end of the town - he bore an honest irreproachable character.
COURT. Q. Has he not been in custody ever since he was committed? A. Yes - I do not know the Tiger public-house; I was never desired to go there.
WILLIAM BRYDEN . I keep an eating-house, No. 41, Rosemary-lane. The prisoner lodged with me - I remember his coming in on Saturday night, the 2nd of October, at a quarter before twelve o'clock; I saw him come in - he had no basket nor tools; I saw him go up to bed, and saw him next day five or six times - he brought no tools into my house; he did not keep any there - I understand he is a carpenter.
COURT. Q. Do you know the Tiger public-house, on the other side of London-bridge? A. No - I was never desired to go there.
JURY. Q. Do you know what time he came in on Sunday night? A. He did not leave my house from Saturday night till nine o'clock on Monday morning.
COURT. Q. What part of the house did he live in? A. The back room; I occupy the lower part of the house - he would not pass through my room to go to his own, but no one can go out without my seeing them; they pass my room door-it is open all day; I lock the door at ten o'clock at night - I do not think even my servant could go out without my knowledge; I do not take in occasional lodgers.
JURY to JOHN THOMPSON. Q. Where did you take him? A. The prosecutor met me in Tower-street, and he was stopped in Postern-row - I asked who he bought them of; he did not feel inclined to tell me, he said, it was all right - he did not attempt to escape.
NOT GUILTY .
CHARLES SIMONS. I am a watchman, and live at No. 46. Baldwin's-gardens . On Sunday, the 19th of September, as the clock was striking eleven, I saw the prisoner with a companion - he was two or three minutes in my sight; I saw two gentlemen walking arm-in-arm, and saw the prisoner take a handkerchief from the gentleman who was nearest the wall - both the gentlemen turned round, and felt in their pockets; I told the gentleman he was robbed - I attempted to seize both the men, but they made their escape; the prisoner ran across Farringdon-street, round the obelisk, and up Holborn-bridge - I sprung my rattle, and called Stop thief! the gentleman was robbed near the Angel Inn - I had never seen either of those gentlemen before; I lost sight of them in consequence of pursuing the prisoners - this prisoner was stopped by a baker, and was never out of my sight - he was given up to me with the handkerchief; he said nothing to me - I gave him to another watchman, and went to look for the gentlemen, but they were gone; I have never seen them since - the prisoner was searched at the watch-house, but nothing found on him.
THOMAS CUNNINGTON . I am a baker. I did not see the pocket picked - I stood at my master's door, on Holborn-bridge; I heard the watchman's rattle, and a cry of Stop thief! - I saw the prisoner running from Farringdon-street towards Field-lane, and opposite my master's shop window, he threw this handkerchief from his right-hand under the window; there was a cry of Stop theif! after him, but no one then accused him of stealing the handkerchief - I laid hold of him, and held him till the watchman came up; I saw the handkerchief picked up by a person, and given to the watchman - I am sure it was the same that he threw away; he said nothing - I did not see the gentleman who belonged to it.
JOHN MARCHANT . I am an officer of St. Andrew, Holborn. The prisoner was brought to me at the watch-house, with the handkerchief, which he was charged with taking from a gentleman's pocket, and did not deny it.
Prisoner's Defence. (written) I went on the water with a friend, returned at six o'clock, then retired to a public-house, and remained there till eleven; I was proceeding home, and in Farringdon street saw two gentlemen intoxicated, one was falling - I went up to assist him; after leaving them a short distance, I stooped down to tie my shoe - the watchman came up; I thought he was going to strike me, and ran away - he immediately pursued, and sprung his rattle; I was taken to the watch-house, and nothing found on me.
The prisoner received a good character.
GUILTY . Aged 19. - Confined Six Months .
1956. LOUISA INSKIP was indicted for feloniously assaulting Henry George Steer , on the 7th of October, putting him in fear and taking from his person, and against his will, 1 watch, value 4l.; 1 watch-guard, value 6d.; 1 handkerchief, value 2s.; 4 half-crowns, 7 shillings, and 1 sixpence, his property .
Farringdon-street - I had been to a party at Whitechapel, and was not sober, but knew what I was about: I had been with my brother and friends - I thought it not safe to go home over London-bridge; I was alone, and when I had got twelve or eighteen houses down Farringdon-street, out of Smithfield, a man ran out of some place, struck me a blow in the side, and knocked me down - he came from a street on the left-hand side; he came out so suddenly I did not observe what turning he came from - he was alone, and after that I got up, and he ran away; I had a gold watch, three gold seals, and a key, protected by a guard round my neck, four half-crowns, and 7s. 6d. in silver, in my pocket, when I got into Farringdon-street - I cannot say whether the man took any of my money, or my handkerchief; I should think I was two or three minutes on the ground, and am certain that when I got up I had my watch safe - when I got up two women crossed over the way, as I thought, to render me assistance; they came to me - I could not recognize their persons; one was short and the other tall - I cannot say whether the prisoner was one; one of them said to me, "You are very dirty" - I said, "Yes, I have just been knocked down;" one put her arm round my neck, and the other snatched my watch from my fob - I had hurt my knee very much with the fall, and could not run, but I followed them down Fieldlane, as they went that way; when I got up there I lost sight of them - I met a Policeman at the corner of West-street, and told him what had happened; he told me to follow him, which I did - I lost sight of him for a minute or two, and while I was looking about, another Policeman came up, and I went with him to the station-house, Clerkenwell; I there saw the prisoner and my watch - I had got the seals and chain in my hand in the struggle, and kept them - the guard broke, and they only got the watch: the woman who put her hand round my neck pretended to brush the dirt off - I have not seen the other woman since, nor the man who knocked me down.
Cross-examined by MR. CHURCHILL. Q. At what time had you left your friends? A. About half-past two o'clock I had not looked at my watch; I came direct from Whitechapel - I did not mean to cross the bridge, and came across Bishopsgate-street, down Sun-street, Finsbury, and across Smithfield; that was not out of the way to go over Blackfriars-bridge - I do not think Cornhill would have been the straightest way; I called at no public-house on the road - I was not at the Red Lion, in Poppin's-court; I did not say I lived in Kennington-lane, at the station-house- I wrote my address there; I was rather elevated - I noticed as the man ran away that he had a brown coat on; he knocked me down with his fist - he either came out of a house or a street.
THOMAS SARSFIELD . I am a Policeman. I saw the prosecutor, about half-past three o'clock, in West-street, at the corner of Field-lane - he complained of having been robbed by two women; I had just met the prisoner and another woman going through Black Boy-alley, which leads into West-street - I let them go on, and when I came to the bottom I met Steer, who told me he had been robbed of a gold watch; I then went after them - they had got nearly two hundred yards, as far as Turnmill-street; I laid hold of them both by each hand, and the prisoner dropped the watch which I now produce - I am quite sure I saw her drop it; I picked it up, and held her till another constable came - we took them to the station, and they were both committed; the bill against the other has been thrown out - I sent another constable to look for Steer; he came to the station, and claimed the watch directly he saw it - he was rather in liquor, but not insensible; he spoke rationally - he identified it again at the Mansion-house; I gave it to the inspector to lock up, but I put my mark on it first, and am certain this is the same.
Cross-examined. Q. Are you sure of it? A. I have my mark on it, and I took the No. 2154 - the prosecutor did not describe it before he saw it - he had said it was a gold watch; he could walk as steady as I could - he stated he had been robbed in Farringdon-street, and I found the prisoner about four hundred yard from there.
H. G. STEER. This is my watch - I bought it about nine months ago of my brother; it is worth 4l.
Cross-examined. Q. I think you said you did not meet any women in you walk? A. Not to speak to them - none of them touched me; I am quite sure none of them surrounded me - they may have said "Good night" or so, but I said nothing to them; I am a married man.
JOHN SHACKLOCK . I am a Policeman. I was coming through Black-boy-alley, about half-past three o'clock, and met the prisoner and another woman - the tall one said to the short one "I thought he would have knocked you down;" the short one replied, "I thought he would" - we went on the corner of Field-lane, and met Steer, who said he had lost a gold watch; we returned, and took both the women in Turnmill-street; I saw Sarsfield stoop and pick up a watch when I took them - he took it to the station-house, where Steer identified it - he was sober enough to describe what had passed.
Cross-examined. Q. How were the women standing when he picked something up? A. He had seized them both, and they stood rather against the wall; the prisoner appeared to have dropped something; her right hand was to the wall - I did not see her drop it.
GUILTY of stealing from the person, but not with force and violence . Aged 20. - Transported for Seven Years .
MR. ELLIS conducted the prosecution.
HENRY BARWICK . I keep the Blue Last and Sugar Loaf, Union-street, Blackfriars . On the 22nd of September, about two o'clock, the prisoner came in, with another man, and a female; they called for a glass of ale and a pint of porter, which came to 6d. - the prisoner offered half a crown in payment; I sounded it twice on the counter, thought it was good, and put it into the till - there was no other half-crown there; immediately after they were gone, I looked at it again, and thought it bad - I followed the prisoner down into Bridge-street, brought him back, and gave him into Perry's charge with the half-crown; I am sure I gave him the same half-crown.
WILLIAM CHARLES HODSON . I am servant to Mr. Thompson, a stationer, of Cheapside. On the 5th of October, between six and seven o'clock in the evening, the prisoner came in and bought a sheet of paper, which came to 1d.; he gave me a shilling - I gave him change, and put the shilling into the till; there were two other shillings there, but I put this on the half-crowns - I am certain the other two shillings were under the half-crowns; I had hardly shut the till before the officer came in, and asked to look at the shilling - I took it out directly; I found it on the half-crowns; I did not know there were any more shillings in the till - I turned the half-crowns over, and found two under them; the shilling he gave me could not have got under them - I marked it, and gave it to the officer; I am sure it was the same.
Prisoner. Q. Did not you rattle the silver about to find a sixpence? A. I gave him a sixpence, which I took from the half-crowns I had laid the shilling on - there was but one sixpence; I did not rattle the silver about - the sixpence was on the top of them; there were three or four half-crowns - they were in a small bowl in the till; I gave him the sixpence out, and then put the shilling into the bowl - the half-crowns entirely concealed the two shillings.
JOHN LAIRD . I am shopman to Mr. Driver, a stationer, of Cornhill. On Wednesday evening, the 6th of October, between six and seven o'clock, the prisoner came in, and asked for a sheet of writing paper - he gave me a shilling; I was going to give him change, when the officer came in, and said it was bad - it was still in my hand; I immediately marked it, and gave it to the officer, who apprehended him in the shop.
FREDERICK POOLE . I am shopman to Mr. Wilson, a stationer, of Cheapside. On the 6th of October, after six o'clock in the evening, the prisoner came in, and asked for 1d. sheet of gilt-edged writing paper, which I gave him - he threw down a shilling, which I took up; it sounded very light - I bit it, and it was soft; I then took the scissors, and cut it in two - here is one half; the other was dropped and lost.
Prisoner. I did not give him the shilling at all - he was not at the till. Witness. He threw it down, and I took it up - my master's nephew was in the shop; I cannot say whether he touched it - I am certain I took up the shilling the prisoner put down; I told him it was bad, and said, "You had better go, for I recollect you were here six weeks ago on the same errand;" he went out, saying he would return with the penny, but he did not.
ROBERT TYRRELL . I am an officer. On the 5th of October, a little after six o'clock, I first saw the prisoner in company with a female, in Cheapside; the female stopped a few doors from Mr. Thompson's shop, and the prisoner went in - he came out in a short time; I then went in, and Hodson gave me a shilling, which I have kept ever since - he took it from a bowl on the top of some half-crowns; I asked if he had any more shillings - he said No, but then moved the half-crowns, and found two more under them; I am certain the shilling he gave me was on the top of the half-crowns: on the following evening, about the same hour, I saw him again, in company with the same female and a man, they stood a few doors off Mr. Driver's shop, while the prisoner went in; when he had been there a minute or so, I took hold of the female, forced her into the shop, and asked Laird what he had come for - he said a sheet of writing paper, and had given him a shilling; I said, "Look at it;" he did so, and said it was bad - he marked it, and gave it to me - I searched the prisoner, and found 1 1/2d. in his waistcoat pocket; I said, "What do you want with change?" he said he did not know he had the penny; I took hold of the woman - the other man ran away; I have kept the shilling ever since.
JOHN FIELD . I am an inspector of counterfeit coin. This half-crown is counterfeit - it is made of Britannia metal, not worth a farthing; the two shillings produced are also counterfeit, and are the same metal - this half of a shilling is also counterfeit; they are all cast, but in different moulds.
Prisoner's Defence. I met a young man and woman, who took me to this public-house to drink; the young man put down the half-crown, and took the change - the publican followed, and asked me for the change of the half-crown: I said I had none - none was found on me.
GUILTY . Aged 18.
Confined One Year , and to find Sureties for Two Years to come .
NEW COURT. SATURDAY, OCTOBER 30.
Third Middlesex Jury. - Before Mr. Common Sergeant.
1958. MARIE VOITURET was indicted for stealing, on the 27th of September , 3 rings, value 20s.; 4 worked bands, value 5s.; 3 shifts, value 3s.; 1 1/2 yard of worked leno, value 2s.; 2 pairs of stockings, value 2s.; 2 napkins, value 2s., and 1 velvet cape, value 10s., the goods of Charles Burton Wyatt , her master .
MR. CRESWELL conducted the prosecution.
The prisoner, being a native of France, had the evidence communicated to her by an interpreter.
MARY WYATT. I am the wife of Charles Burton Wyatt, but am separated from him. The prisoner has been nine months in my service, as lady's maid , and between six and seven months of that time in England; I hired her in Paris, but I was living at Mr. Hodges', in Piccadilly for some time. On the 27th of September she was about to leave - I had given her warning; I demanded to see her box, which she opened very readily - I discovered four dresses, three gold rings, four worked bands, a black velvet collar, and three cambric shifts, and in her stockings I found two damask napkins; I immediately claimed them, but suffered her to go - in consequence of some further discovery, I made inquiries for her, and found her the next day at Madam Giradour's, a mantua-maker, in Albemarle-street; she was in company with a great many other persons, who were work - people, I suppose - I told her I had missed other articles, and asked her about them; she was excessively impertinent, and said she did not know where they were, nor had she robbed me - Madam Giradour said I had better go down and look into her box again; the prisoner pointed out her box - it was opened, but I did not examine it, as the first parcel I saw in it was sealed; I took it up, and in consequence of what then took place I
COURT. Q. Was there any thing of yours in the second box? A. I had not time to see, for she flew at me, and said she would stranger me, and so did Madam Giradour.
Cross-examined by MR. BODKIN. Q. How long have you been separated from your husband? A. Perhaps eight or nine years; I have a sufficient maintenance from him - I know General Palmer; I was not living with him- the prisoner had quitted my service once, when I found she was in the family-way, and I sent her to Paris; I afterwards wrote to her, and sent the letter by Mr. Ess - she went to my lodging at Paris, by my desire; the porter had charge of my things there, but the prisoner had the keys of my property, and when I went there I found all my property safe; I afterwards sold my property there - I did not then make the prisoner a present of any thing; I have given her some things in England - I never gave her a small basket; on my oath the prisoner had not said she would not stay in my service - I had given her warning a week before; she had not told me she should return to France, nor had she ever hinted such a thing - I was acquainted with all the gentlemen attached to the British embassy in France; I was intimate with them all - I was not aware, to the last, where she was going; she said she was going to France; but had not her passport, and I offered to write to the secretary of the embassy to afford her the opportunity of going that day: the landlady's son and another person brought the box down to my room - I sent for the prisoner; she went up stairs, got the key, and opened it herself - I did not say, while the box was searching, that I had missed a great quantity of jewellery; I said I had missed some things, and for that reason I searched her box- she did not say, "Here are the rings you gave me in Paris;" she said they were brass, and she had found them- I have not charged her with stealing the dresses, as I was fearful it would be made a capital charge - I am perfectly certain I did not give these things to her; I did not give charge of her at first, as she was a foreigner, and I did not wish to hurt her - the next morning I missed other things, and I knew she was intimate with the cook at Madam Giradour's; I had returned a dress to Madam Giradour, which had been made badly - I asked to see her box, and did; when I saw that the parcel contained papers I took my hand off it - she then flew at me, and swore she would strangle me; I never said I would be revenged on her, let it cost me what it might, nor any thing of the kind - I took her that day because she flew at me, and so did Madam Giradour, and perhaps twenty people besides; I did not say before the Magistrate that it was the conduct of another person which induced me to prosecute.
ANN HODGES . I am the wife of Edward Hodges. The witness lodged with me; I was present when the prisoner's box was searched - the prisoner took the articles out of the box; the prisoner said a good deal in French, which I do not understand.
Cross-examined. Q. Whether she said they were things her mistress gave her you cannot say? A. No.
MARY WYATT. These are my rings, and the box in which they are, and these napkins are mine; I never gave them to the prisoner.
Cross-examined. Q. Have you not given her things? A. Yes, I have given her hats and dresses, but not these things.
Prisoner's Defence. I asked to go away, as I was forced to be up three parts of the night, and my health was injured; so long as she thought I was going to Paris she would not prosecute me, but when she found I was to stay in London she swore I should not stay in any place, and she would do me every injury she could - she made me carry my box down; she said she had lost a few trinkets, and told me to open it - I said, "Madam, here are the things you gave me in Paris, when you sold a few goods;" I gave her all these things myself - I went to Madam Giradour, and the next day she came and said she missed a great number of things; I said I did not believe it - she asked to look into my trunk; I said I was willing - she went into the kitchen at Madam Girarour's; I opened my trunk, and she took out a paper, which was sealed - I begged her not to unseal it; she took the paper, opened it, and would not give it me; I took it, and it was torn - I told her I wished a justice would come, and look into my trunk.
GUILTY. Aged 25.
Recommended to Mercy by the Prosecutrix .
Transported for Seven Years .
HENRY THOMPSON . On the 4th of October, about ten o'clock in the morning, this chair was taken from the Thatched House tavern, Islington - I saw the prisoner take it out of the window; he was going away with it - I came down stairs, and stopped him.
Prisoner. Q. How far was I from you when you called to me? A. I suppose you were ten yards from our house; you stopped till I came to you; you had got about twenty yards - I told you I had had my parlour window tried, but I did not say I would make you pay for all.
JOHN FRETWELL . I keep the tavern . I believe this chair is mine, but I have no mark on it; the windows of the bottom room are low - on Sundays we sometimes have more company than on other days, and take more chairs down; I know nothing of the prisoner.
JURY. Q. Had you not seen him before? A. No, he had not frequented my house; the prisoner and chair were brought back by this witness - he said he did it to get him a loaf.
GUILTY . Aged 39. - Confined Six Weeks .
JOHN GANTLEY . I am a cheesemonger , and live at Stoke Newington. I was driving my wife in a cart across Newington-green , on the 25th of July, towards Islington - there was a shawl laying between us both in the cart, and she had her hand upon it - there was no part of it out at the tail of the cart; I am positive it did not fall out - we sat with our faces towards the horse; the prisoner was driving some sheep - he came and put his hand through
JOHN VINN. I heard that two persons had been driving the sheep, and on the 7th of October one was taken - he said it was not him, it was the pieman, meaning the prisoner, and the prisoner was then taken.
Prisoner. The prosecutor said I had a long brown coat on.
MR. GANTLEY. No; I said a brown jacket.
GUILTY . Aged 23. - Transported for Seven Years .
ROBERT GEORGE BROIDE . I live in Castle-street, Leicester-square , and am a shoemaker . On the 9th of October, between one and two o'clock in the afternoon, I saw the prisoner bolt out of my shop; I came into the shop, and saw her going down the street - I ran, and overtook her at the corner of Cranbourne-passage; I charged her with robbing me - she said, "No, I have not;" I said, "What is this under your shawl?" and I found my boots there - I brought her back, saw a Policeman, and gave her in charge; I had not known her before; I missed a pair of boots from the shop.
Prisoner. Q. Did I leave the shop? A. Yes, and you afterwards said you took them only to look at - these are the boots.
The prisoner put in a written Defence, stating that she had gone to purchase a pair of boots, and had not left the shop when she was taken.
GUILTY . Aged 26. - Transported for Seven Years .
WILLIAM WILKINS . I am a trimmer, and live at No. 68, King-street. This hair was Messrs. George Adams and Hooper's; I am in their employ - I spoke to the prisoner when he came into the loft that morning, to ask if there was any hair to go to the workhouse; he said he came from there - I referred him to Mr. Thomas Cavanagh to give him some - he said it was for the workhouse; he gave him four dozen - I have not seen it since.
Prisoner. Was not I ill in bed? Witness. He was getting up, he was not ill - I have known him ten years, and never heard any thing amiss of him; he has been a very hard-working man. GUILTY. Aged 21.
Recommended to Mercy by the Jury .
Fined One Shilling and Discharged.
JOHN HAWKINS. I am a Police-officer. I met the prisoner on the 30th of September, in Ropemaker-street, with this piece of oil-cloth under her gown - she went up a passage, and when she came out I stopped her, and asked whose it was; she said her own property, and she lived in the Commercial-road - I took her to the station, and then she said she met a woman who gave her 2 1/2d. to carry it, that she wore a cloak and had a black eye; I went to some shops and found the owner - she was about two hundred yards from Mr. Hughes.
HENRY WATSON . I live with Mr. John Hughes, in Chiswell-street - this cloth belongs to him; I had seen it safe on the Wednesday, and on Saturday the Policeman came - I then looked, and missed it from inside the door; it had not been sold.
Prisoner. It was nothing but distress drove me to do it.
GUILTY . Aged 28. - Fined 1s. and Discharged.
GEORGE MERRICK . I am a Police-officer. On the 20th of September, I saw the prisoner in Homer-street, with this stock and bit under his coat - I thought he was a carpenter; I had not been gone three minutes, when a man who buys and sells these articles came to me - I went into a public-house, and saw the prisoner with it; I asked if it was his - he said he had it to sell for an old feeble man named Plant; I went with him to Plant's house, and waited till he came home - he said he bought it in Oxford-street.
Cross-examined by MR. LEE. Q. Is Plant here? A. No.
ROBERT EDWIN BRADSHAW. This is my stock and bit- I lost them from a house we were repairing in Maddox-street , on the 20th of September; I had worked there with the prisoner for a fortnight - he had worked there on the Saturday before, but not on Monday; he came, but was not at work - I saw these things again two days afterwards; I do not know Plant.
GUILTY . Aged 55. - Fined 1s. and Discharged.
ELIZABETH SMITH . I am single , and have been in service - I now go out to work. On the 23rd of July I was in Broad-street, St. Giles' , about eleven o'clock at night, coming from the theatre with some servants who had been with me; they went to have something to cat - I was in a hurry to get home, and was coming by myself; the prisoner came and took the shawl from my shoulder - I had seen her the same evening, in going to the theatre; she stared in my face, and looked at my shawl - when she had taken my shawl off I gave an alarm, but she made her escape, and I did not see her again till the 2nd of October. when I was going to Covent-garden market with some friends, and saw her going into a wine-vaults under the Piazzas with my shawl on her shoulder - I knew her person, and
Prisoner. Q. Did you ever set eyes on me before that morning? A. Yes, I had.
Prisoner's Defence. I never saw that woman till she was drinking with me in the gin-shop, and I asked what she was staring at.
GUILTY . Aged 25. - Transported for Life .
JOHN TUBBS . Mr. Swain is a corn-chandler . On the 11th of October I saw the prisoner and three others looking into my shop, which is within two or three doors of the prosecutor's; I suspected they were young thieves, and went to my door - they then went to the prosecutor's shop, to see who was there; a person was in the shop, and they waited till he was gone - the prisoner then went in, and they took up a parcel; he put that down, and took up these curry-combs; he came out, and I stopped him - the prosecutor came out, and took him with them.
STEPHEN SWAIN. These curry-combs are mine. The witness called my attention to them - I know nothing of the prisoner.
GUILTY . Aged 12. - Transported for Seven Years .
EDWARD BROWN . I am a clerk at Somerset-house . On the 18th of September I was in Mulberry-street, Commercial-road , about eleven o'clock at night, on my way home; I had been spending the evening with some friends, but was perfectly aware what I was about - I was very unwell, and very sick; I was leaning against the wall, and the prisoner came up to me - he made some remarks, advised me to get home, and proffered his assistance, which I declined, being near home - I told him so, and the next minute I perceived he had hold of my watch-ribbon - he took the watch from my pocket, and broke the guard which was round my neck; he either broke or cut it, and got the watch from me - I collared him; he struggled to get from me, and I was very near losing him and the watch, but I called the Policeman, who came up - previous, however, to the Policeman coming the prisoner stooped, as if to put the watch on the ground, but he put it into my left hand; I had two seals to my watch.
Cross-examined by MR. LEE. Q. Do you mean that you were perfectly sober? A. No, but I was sufficiently collected to know what took place - I was not laying on the ground; I have always said he broke or cut the guard - he put the watch into my left hand; I do not remember stopping the prisoner, and asking my way to the Commercial-road, but I will not swear I did not - I do not recollect his saying, "I am an apprentice, I cannot go so far, but I will go as far as the Commercial-road;" very probably it might have taken place.
JOHN DEMPSEY . I am a Police-officer. On the 18th of September, between nine and twelve o'clock, I observed two persons in an obscure part of Mulberry-street - I went closer, and saw the prosecutor holding the prisoner, but I cannot say how he held him; he charged him with attempting to rob him of his watch; those were the words he used - I took the prisoner, and the prosecutor said he had either cut or broken his watch-guard; he showed me a ribbon in his hand, which he said was part of it - he was quite collected, and gave the same account he does now; at the station-house he took a ribbon off his neck, which corresponded with that he had in his hand - the prisoner, on his way to the watch-house, confessed that he had taken the watch.
Cross-examined. Q. Was he perfectly collected? A. Yes, and gave the same statement he does now at the station-house, and before the Magistrate; I do not recollect the prisoner saying he had asked him to show him to the Commercial-road; the prosecutor said to him, "Confess at once whether you have taken it or not," and I think he used the words "It will be better for you."
NOT GUILTY .
SECOND COUNT, charging him with stealing 1 half-crown.
MR. ADOLPHUS conducted the prosecution.
EDWARD JONES . I am a chemist and druggist , and live in Broad-street, St. Giles' ; the prisoner was my shopman . On the 8th of October I marked two half-crowns and one shilling, and delivered them to Mrs. Wakefield.
EDWARD EMMERSON . I received the money from this lady. I went to the shop and purchased 1 lb. of arrow root, and a pot of golden ointment, for which I paid the money she gave me to the prisoner; he gave me sixpence in charge out of the till - I should know the money again.
MR. JONES. I went to my till about a quarter before nine o'clock on that Saturday morning, (the purchase was made at eight;) I found only one of the half-crowns and the shilling - I afterwards, with the assistance of Clements, searched the prisoner's box; I found the half-crown in it - this is it.
Cross-examined by MR. LEE. Q. Have you any other shopman? A. No; there were other shillings and sixpences in the till, about the same money I had seen in at seven o'clock, when we opened the shop - we generally take from two to five shillings in the morning; I never knew him to go to the till and take change for any money- it is not usual in my shop, though I do not know that I should have objected to it.
MR. ADOLPHUS. Q. Had you a drawer from which
THOMAS CLEMENTS. I am an officer. I went to Mr. Jones', and searched the prisoner's box; I found in it this small box, containing three half-crowns, twelve sixpences, and nine shillings - I think there were two sovereigns in it, which the prisoner had; this is the half-crown which the prosecutor identified - it is marked.
Cross-examined. Q. Was the prisoner there? A. Yes; it was in his bed-room - he pointed it out to me; I took the key out of his pocket and opened the box.
MR. JONES. This is the half-crown - here is a sort of a J. under the head.
Cross-examined. Q. How long had he been in your service? A. About five years - I went for his character, but did not see the gentleman; he had conducted himself with propriety up to this time.
COURT. Q. Can you say what money had been paid him that morning? A. No; there might have been 2s. 6d. substituted.
NOT GUILTY .
1969. GEORGE JOHN SIMMONDS was again indicted for stealing, on the 11th of October , 1 oz. weight of oil of peppermint, value 2s.; 2 1/2 ozs. of oil of lavender, value 2s.; 4 ozs. weight of white wax, value 6d.; 2 drachms weight of lunar caustic, value 1s.; and 2 bottles, value 3d., the goods of Edward Jones , his master .
EDWARD JONES. I was at the search of the prisoner's box on the 11th of October; the officer asked him if he had anything in his box belonging to me; he said he had nothing besides his own things - I saw the articles mentioned found in his box; the officer pointed them out, and asked whose they were - before I could make any reply the prisoner said, "They are Mr. Jones';" I asked him why he had taken the white wax; he said to make some cold cream of - he did not say why he took the other things; they are worth six or seven shillings.
GUILTY. Aged 26.
Recommended to Mercy by the Prosecutor and Jury.
Judgment Respited .
THOMAS COX . My wife takes in washing, and we live in Union-gardens, Kingsland-road. I took home some clean linen on the 2nd of October, and got some dirty linen from Mr. Arnot's, in the City-road - I then went to Mr. Spooner's with my barrow, and while I was giving in some linen, the bundle in question was missed; a gentleman gave me information, and I went to the White Horse public-house, Finsbury-street, and found the bundle and the prisoner - I collared him, and asked how he came to rob a poor man like me; he made no reply.
JOHN TODD . I keep the White Horse. The prisoner came into my house about eight o'clock, and called for a pint of beer - he had a bundle under his arm; the witness came in about five or ten minutes and claimed it.
Prisoner. Q. Can you swear I had a bundle? A. You had something under your arm, and it was the sam that Mr. Cox owned.
Prisoner's Defence. I was out drinking with some painters all the afternoon; I then went to Mr. Todd's for a pint of porter - I had not been there five minutes before a man came in with a bundle; he put it on the seat and went out again, and in five minutes the prosecutor came in and collared me - I are innocent.
GUILTY . Aged 23. - Transported for Seven Years .
1971. RICHARD WAGSTAFF was indicted for stealing, on the 14th of September , 1 watch, value 3l.; 1 coat, value 30s.; 6 napkins, value 2s.; 1 gown, value 3s.; and 1 cap, value 1s. , the goods of Robert Brixcey .
MARY BRIXCEY . I am the wife of Robert Brixcey , a labourer ; we live in Liverpool-street, Battle-bridge - the prisoner is my own brother; he was in a destitute state, and we took him in from charity. I went out on the 14th of September, and left him in the house; I had not locked the room in which this property was, as I expected to find the prisoner there when I returned - our street door was fastened with a string; I was absent about an hour - when I returned the string was untied, the door open, and the prisoner was gone; I missed a watch, a coat, six napkins, a gown, and a cap - I had seen them safe the day before; I gave information - he did not return; he was taken about the 18th of September.
ARCHIBALD RUTHVEN . I am an officer. The prosecutor came to me, and I found the prisoner at the Three Crowns, East Smithfield; I made him no promise or threat - he at first denied having taken them, and then he said at the station-house that he took them, and sold them to a Jew in the Minories, the first, second, or third door, but he did not know his name.
GUILTY. Aged 16.
Recommended to Mercy by the Prosecutor .
Transported for Seven Years .
1972. MARY ANN YEARSLEY was indicted for stealing, on the 24th of September , 1 stocking, value 2d.; 1 apron, value 6d.; 1 waistcoat, value 1s., and 1 pair of trousers, value 1s. 6d. , the goods of Mary Smith , widow.
MARY SMITH. I am a widow . On the 24th of September I had been washing - I hung the property stated in my passage, near Chancery lane ; I sent my boy out for some porter about half-past ten o'clock at night - the property was then safe; I had hung them up the last thing before I sat down to supper - the prisoner was taken within a few minutes; she was quite a stranger.
ROBERT SMITH . My mother sent me for the porter - I left the door ajar; I came back in about five minutes, and met the prisoner coming out of our house with a bundle - she pushed past me; I told my mother - the prisoner was pursued and taken.
GUILTY . Fined 1s. and Discharged.
JOHN NEWTON. I am a coal-meter . About three o'clock on Sunday morning, on the 17th of October, I was returning home from a dinner in the City, at which I had been steward, which caused me to be out late - we dined about seven o'clock; I was not particularly sober, but was completely sensible - I knew what I was doing; I was going right home to Daniel-street, Bethnal-green - I do not remember the prisoner, but two women accosted me in Norton-falgate, and wished me to go home with them; I came up to the Policeman, and told him to send them away - when I got on to the corner of Church-street I saw two women, who, I believe, were the same; they accosted me again, followed me down Church-street , came before me, and one of them pulled out my watch - they ran off, I pursued them, and called Watch! two Policemen followed me - I pursued the women till they came to a court; the Policemen went up there, and found the prisoner in one of the houses, with my watch - I could run, and did run.
WILLIAM BARROW . I saw this gentleman, the prisoner, and another girl, come down Shoreditch; they turned down Church-street, and just as they got to the second lamp the prosecutor called Watch! the prisoner and another ran into Nichol-street, and up a court - I followed, and searched two houses, but could not find any one; I went into a third house, and tried one door - I could not get in there; I opened another door, and found the prisoner on the stairs - I said, "Give me the watch"- she said, "For God's sake, don't hurt me;" I said,"Give me the watch," and she gave it me.
JOHN WILLOUGHBY . I am a Policeman. I was on duty in Church-street, and heard a call of Watch! and Stop thief! I saw the prisoner run up Cross-street and to Nichol-street, and then into Shepherd's-court - we went into a house, and found the prisoner, as has been stated; I saw her give up the watch.
GEORGE HARRINGTON . I saw the prisoner, and a woman named Butcher, talking to the prosecutor about half an hour before this; I took Butcher, but the bill was thrown out against her.(Property produced and sworn to.)
GUILTY . Aged 18. - Transported for Life .
MR. CLARKSON conducted the prosecution.
Cross-examined by MR. LEE. Q. Have you a partner? A. No - I had not in November last, nor ever had; I know Mr. Reynolds, but was never in partnership with him.
GEORGE MELDIN . I am engineer, to Messrs. Flower, the Old Barge-house, Blackfriars - I was in the habit of purchasing beer of the prisoner. On the 28th of September, in last year, I paid him 15s. 6d., on the 2nd of November, I paid him 18s.; and on the 23rd of November, I paid him 16s. - he gave me a receipt for 18s., and I wrote on the back of it for him to call at my house for 2s. more; I took these receipts on each of those occasions from she prisoner.
Cross-examined. Q. How long have you dealt with him? A. Nearly two years; if I have wanted money I have written on a bit of paper for him to call at my house to get it of my wife - she has never paid but when I have been short of money; I never received a receipt from him for 9s. when I have only purchased a barrel of beer which came to 4s. 6d. - it has not happened more than three or four times that I have paid him less than he gave the receipt for; I never owed him for two casks of beer, and paid him but 2s. 6d.
GEORGE BROWN . I am clerk to the prosecutor - the prisoner was in his service in September and November, 1829 - it was his duty to settle with me every night for what he received in the day. On the 28th of September he paid me only 11s. on account, of Mr. Meldin; he gave me the account either from his own mouth or from a book which he keeps - he gives the name of the customer from whom he received the money; here is the book he put it down in - on the 2nd of November he paid me 5s., and on the 23rd of November he paid 4s. 6d.
Cross-examined. Q. Has it not frequently happened that 4s. 6d. has been paid one day, and 4s. 6d. another, to the same account? A. No, I do not recollect it; I have occasionally called on the witness, but I do not recollect receiving money for which the prisoner gave receipts; he had no commission on the sale of beer - he had his wages at the end of the week, a sum for cask-money, and 3d. in the pound for what he brought home; there was nothing due to him - he was settled with every Saturday night; these receipts are the prisoner's writing - this in the book is my own; I swear on these days I received no more than I stated - there is nothing to call my attention to these sums but the book.
MR. CLARKSON. Q. Have you ever received monies of him, and made entries of lesser sums? A. No.
Prisoner's Defence. I have frequently received some money of the witness on the Wednesday or Friday, and on the Monday he has given me the remainder - I have given a receipt for it all, and have paid the money into the counting-house; I did not give a receipt till I had got 9s.
GUILTY . Aged 56. - Transported for Seven Years .
JOB WALDEN. I am a tailor , and live in Berwick-street, Somer's-town . The prisoner is my daughter-in-law, and lodged in the same house with me - she has been in three or four places, but nobody would keep her; on the 11th of October I lost from the room I and my wife sleep in, a jacket of my son's, and a handkerchief of mine; the prisoner returned the same evening, and my wife accused her of it - she denied it, but my wife found the duplicate in the prisoner's box.
WILLIAM JOHN LONGER . I am a pawnbroker. I have a jacket and half handkerchief, pawned by the prisoner, on Monday, the 11th of October, in the name of Ann Clark .(Property produced and sworn to.)
Prisoner's Defence. The handkerchief is my own.
GUILTY . Aged 18.
Transported for Seven Years .
ANN CHAMPMAN . I am the wife of William Chapman . I lost this shirt from my laundry on the 9th of October - I sent the prisoner (whom I had employed, on account of her mother) home with some linen; when she came back she came to me for the money for carrying it, and asked whose basket of linen that was which stood there - I told her, and she said she would take it; I said No, I will take it on Monday - I took it on the Monday, and missed one shirt.
Prisoner's Defence. I know nothing of the charge - I never pawned it.
GUILTY . Aged 18.
Transported for Seven Years, to commence from the expiration of her former Sentence .
1977. ELIZA COLLINS and MARGARET ROWLEY were indicted for stealing, on the 26th of October , 1 watch, value 30s.; 1 watch-chain, value 20s., and 1 seal, value 10s., the goods of Thomas Simmons , from his person .
THOMAS SIMMONS . I am in the silk line, and live in St. Paul's church-yard. On the 26th of October I had been dining and spending the evening with a friend; I was a little the worse for liquor, and was in Hatton-garden ; on my return home, at half past twelve o'clock at night the two prisoners accosted me; I do not know what they said, but they walked with me, and a little before I got to Holborn I missed my watch; I had not been up any turning with them; I laid hold of them both, requested them to give me my watch, and called the Policeman - he came up, and took it from Collins; I do not know which of them took it.
ANDREW HARVEY . I am a Police-officer. I was on duty about half past twelve o'clock; when I got to the corner of Hatton-garden I heard the prosecutor say, "Give me my watch;" I went up, and Collins gave me this watch out of her hand; I took both the prisoners, with the assistance of my brother officer - in going along one of them said she knew nothing of the other party; the other said she told her to take it.(Property produced and sworn to.)
DANIEL HUMPHREYS . I was on the opposite side - the officer called me; I saw the prosecutor and the prisoners; I took hold of Collins - in going up Hatton-garden I said,"Did you take the watch?" she said, "No, the other one took it and gave it me;" I do not think the other heard that - when we got to the station Collins said she took it, but the other told her to take it; Rowley was present all the while, and said she knew nothing about it.
Collins' Defence. I met this gentleman in Holborn; he asked me to take part of his umbrella, and then took me up Hatton-garden, and asked to stop with me all night - he said he had no money, but would give me the watch; he took the watch out, and gave it into my hand - we turned a side to have a little private convorsation; he then said he was robbed of his watch, called the Policeman, and gave us in charge.
COLLINS - GUILTY. Aged 25.
Recommended to Mercy by the Jury, believing it to be her first offence .
Transported for Seven Years .
ROWLEY - NOT GUILTY .
1978. JOSEPH CLARK and MARY McMAHON were indicted for stealing, on the 29th of September , 1 violin, value 5l.; 1 violin-case, value 5s.; 1 cloth caps. value 10s.; 2 spoons, value 10s.; 2 pairs of shoes, value 4s.; 1 box, value 1s. 6d.; 2 caps, value 1s. 6d.; 2 collars, value 1s.; 1 pair of braces, value 3d.; 2 pieces of ribbon, value 2d.; 2 shirts, value 6s.; 1 pair of gloves, value 8d.; 1 pair of trousers, value 3s., and 1 waistcoat, value 2s. , the goods of Maria Robson .
MARIA ROBSON . I am single , and live in Maddox-street . I have known Clark three or four months, and have employed him as a porter ; I know nothing of the woman. On Wednesday, the 29th of September, I sent Clark with a portmanteau, containing all these articles, to a Mr. Penn, at Kew, and on the Sunday evening following I heard it had not been delivered; I made inquiries, and have found some of the articles - it was Clark's duty to have delivered it, as I gave it to him; I expected he would have called the following morning to say he had delivered it.
ISAAC FOWLER . I am a Police-officer. On the 4th of October I received information of the loss of this property; I went in pursuit of the male prisoner, and he came to me in the street - I took him, and found on him seven duplicates; I went and searched his lodgings, where I found this pair of gloves, and these other little things were found by another officer: I received information that the woman had taken things from the lodging - I went and found her, but found nothing on her relating to this property; part of the property is still missing.(Property produced and sworn to.)
CLARK - GUILTY . Aged 44.
Transported for Seven Years .
McMAHON - NOT GUILTY .
MR. BARRY conducted the prosecution.
JOHN CORTI . I am an Italian - I make barometers and thermometers . The prisoner was my servant - if he received any money for me, it was his duty to bring it to me; he went to take some goods to these witnesses, and told me they did not pay him.
THOMAS HEMSLEY. I know the prisoner. On the 1st of September I paid him 17s. 3d. for Mr. Corti - he gave me this receipt - (read).
JOHN CORTI. The prisoner never paid me either of these sums of money.
Prisoner. I told Mr. Corti he was to take it out of my wages at the same time. Witness. I did not owe him any.
Prisoner's Defence. He will owe me 8l. - I brought the money, and said I had received so and so, but I had spent part of it, and he should take it from my wages; he said very well - he now wants to take me off from my employ, as he has got persons who can do better than I can; he knows I brought him a good connexion, and now he does not care for me - I was agent to a respectable house before, and I reduced myself to go to him.
JOHN CORTI. He did not tell me he had received this money, and made use of part of it - I was going for the money, as I wanted to make up a bill: I saw the prisoner change colour - I then went, and found he had had it; I had dealt with these persons before.
NOT GUILTY .
JOHN INGARFIELD . I live opposite Mr. Purssord. On the 18th of October I saw the prisoner lurking about his shop - Mr. Purssord was talking to me; I turned my back, went into my parlour, and took a glass of ale - I then missed the prisoner from the prosecutor's window, and I saw Mr. Purssord's boy standing in the street; he seemed confused - I ran down a street towards Red Lion-square; I there found the prisoner, and took him back - he struck me a violent blow, and said it was put there for a trap.
ROBERT PURSSORD. I have no doubt this is my ham, but I cannot exactly swear to it - a lad is here who saw him take it.
The prisoner put in a written Defence, stating that he had found the ham on the pavement in Theobald's-road.
GUILTY . Aged 50. - Transported for Seven Years .
JAMES LAVER . I was passing down Swan-street, Minories , on the 20th of September, and saw the prisoner with something in his apron, about one hundred yards from the prosecutor's shop; I followed him, and gave him to a Policeman, with the piece of bacon, which he had with him.
THOMAS DAVIDGE. This is my bacon, and was taken foom my door - there are 26 lbs. of it.
Prisoner's Defence. I was going down the street - a gentleman asked me to carry it, and said he would give me 1s. - I put it into my apron, and when I got near the bottom of the street, I turned to look for the gentleman, and he was gone; I walked down to Whitechapel, and there the Policeman came and collared me - I said, "I am looking for the gentleman who gave it me to carry."
GUILTY . Aged 26. - Confined Fourteen Days .
WILLIAM PARDY . I live with Mr. Ralph Wilcoxson , a boot and shoemaker , in Tottenham-court-road . On the 27th of September I was at home, and saw the prisoner come in about half-past five o'clock - he took the boots, put them under his coat, and walked off; he had got near a quarter of a mile before he was taken with them - these are the boots - they are my master's.
Prisoner's Defence. I was standing opposite a cheesemonger's window, and saw two young men standing at the prosecutor's; I went and looked at them - they said,"Don't say any thing, we will give you a pair if we can;" they threw me a pair, and I caught them - I then turned the corner, and ran away.
GUILTY . Aged 19. - Transported for Seven Years .
JOSEPH WATTS . I was fetched to the watch-house, and asked if I had lost a pair of lamps from Mr. Kendrick's yard, No. 25, Foley-place - I went and looked, and missed a pair; the yard is open, but there are folding gates; I do not know whose the lamps were - they had been on a shelf for two years; it is my master's yard, and is opened at five o'clock in the morning, and shut at seven in the evening.
WILLIAM WHIFFEN . I was standing at my door on the 28th of September, and two men ran by me very sharp- they turned down a street; I followed them, and saw a Policeman - he took the prisoner, who was one of them, and found the lamps on him.
JAMES McTAVISH . I am a Policeman. On the 28th of September I was on duty in Oxford-street, at half-past seven o'clock in the evening, and this gentleman pointed out two men - I followed the prisoner, who had the lamps under his arm, to Park-lane; I there took him, and asked where he had the lamps from; he made no answer, but when I took him back he begged of me to let him go.
NOT GUILTY .
1984. SUSAN REYNOLDS was indicted for stealing, on the 11th of October . 1 ring, value 8s.; 1 pair of earrings, value 1l.; 3 yards of lace, value 6s.; 1 gown-skirt, value 3s.; 1 petticoat, value 1s.; 2 handkerchiefs, value 1s., and 2 pillow-cases, value 2s. , the goods of Frances Oke Smith .
ROBERT ISAACSON. I am a Police-constable. I was called by the prosecutrix, and took the prisoner; she gave me the key of her box, and I found this property in it.
Cross-examined by MR. PHILLIPS. Q. Did not she seem surprised that they were found there? A. No - I found these articles on the Saturday evening, and on the Monday I went and found the ring and the ear-rings.
GUILTY . Aged 24.
1985. SUSAN REYNOLDS was again indicted for stealing, on the 11th of October . 1 table-cloth, value 10s.; 7 napkins, value 7s.; 1 pair of drawers, value 1s. 6d.; 3 pinafores, value 1s. 6d.; 1 pair of stockings, value 5s.: 3 neckcloths, value 3s.; 5 books, value 5s.; 1 scarf, value 1l.; 1 petticoat, value 3s.; 1 remnant of cotton, value 3s., and 1 remnant of merino, value 2s., the goods of Edmund Marks , her master .
GUILTY . Aged 24. - Transported for Fourteen Years .
ELIZA LONG . I am single . On the 15th of April I was in service where the prisoner lived as cook, between eight and nine months; after she was turned away I missed two rings and two petticoats, which I did not find till she was taken.
JOHN WILLIAM ADDINGTON . I am a pawnbroker. I have two petticoats and a ring, taken in in December last, in the name of Ann Bradley - here is the counterpart of the duplicate which was found in a small work-box of the prisoner's.
GUILTY . Aged 24.
There was another indictment against the prisoner.
Fourth Middlesex Jury - before Mr. Common Sergeant.
SECOND COUNT, calling it a warrant.
MR. BARRY conducted the prosecution.
THOMAS ARBUTHNOT. I live at No. 147, St. John-street , and have two partners. The prisoner came on Tuesday, the 21st of September, about four o'clock, to my house on business from a customer named Shields - I was sitting at my desk when he came in, but had occasion to remove to my ledger after I had found the nature of his business; the ledger was in the counting-house, but about three or four yards off - I had before drawn a cheque for 64l. 2s. 6d. on Grote and Co., and had placed it opposite me on a desk; I had drawn it about noon, but had seen it safe not five minutes before the prisoner came in - I made out a small account from the ledger, and gave it the prisoner, who went away; it did not occupy me two minutes, and I should think not one - while I was making it out my back was towards the prisoner; I am certain the cheque was safe when he came in, and in about five minutes after he was gone I missed it - I had noticed it there, as the person I wrote it for did not come for it, and I had been considering whether I should lock it up or destroy it - one of my partners was in the counting-house, and a servant had come in, but no other person; I sent a person to the banker's to stop the payment, who returned and said it had been paid - I sent about five minutes after the prisoner left.
Cross-examined by MR. LEE. Q. Have you two partners? A. Yes - the cheque was drawn about twelve o'clock; I suppose it is full a mile from our house to Grote and Co.'s, the bankers - their house is in Thread-needle-street; I had not seen the prisoner before - I saw the cheque five minutes before he came; he came about four o'clock - we are in a large way of business, and many persons call in the course of a day, but I am certain no person came in after I saw the cheque, but my partner, and my servant, who are not here, and the prisoner; the cheque was about the middle of the desk - the door of the counting-house was to my right-hand, and the desk I went to was on my left; the prisoner stood on my right-hand - it is a double desk; my partner was opposite to me, but when I went to the ledger, he came round and spoke to me there, so that at that time his back was towards the prisoner - I should think I was not two minutes drawing out the account; this is the cheque.
ROBERT LAWSON . I am clerk to Messrs. Grote and Co. The prosecutors keep an account at our house; I paid this cheque on their account on the 21st of September - it is for 64l. 2s. 6d.; I gave the bearer three 20l. notes, one of them was No. 5974, dated the 7th of August - I do not know who preseuted it; as near as I can recollect, it was about half-past four o'clock.
Cross-examined by MR. PHILLIPS. Q. Did you observe any thing at all particular about the person? A. No, Sir - I did not observe him to be heated or out of
CHARLES WALTER WHEELER . I am a Police serjeant. I heard of the robbery, and took the prisoner about a quarter-past one o'clock on this Wednesday morning, at the door of his own residence, No. 24, James-street, Commercial-road - he was very much in liquor; and I was standing waiting for him - when he came to the door he looked up; I said, "What is your name?" he said, "What is that to you?" I said, "I have a particular reason for asking you;" he said, "Go hang yourself; I am going in doors" - I said I would not let him go unless he gave me a more satisfactory answer; he said he would not tell me his name; I said I would lodge him in a place of security - he said, "What for?" I said about a cheque; he said, "D - n the cheque, I know nothing of it;" I said, "Do you know Musgrove?" he said Yes; I said,"He gave me the information;" he said, "D-n his b-y eyes, when I see him I will do for him" - I said,"You must accompany me, but I will go to this lamp to search you;" he said No, he would go to the station-house, but I should not search him there - he then said,"Well, well, you seem to do as you like with me" - I put my hand into his pocket; I found several papers, and saw him shifting a paper apparently into his waistcoat pocket - I laid hold of his arm, and between the sleeve and the arm I found this paper (reads) "Left 48l. 10s., watch, and spoons. E. Chalmers, John McLeod ." - I found some duplicates of other things; I went to the house of Mr. McLeod, in Wormwood-street, City, and received from Miss Chalmers one 20l. note, two 5l. notes, 18l. 10s. in gold, six silver table spoons, four plated ones, and one silver watch, with a gold chain and seals - I took Miss Chalmers before the Magistrate.
Cross-examined by MR. LEE. Q. Had you stated your business before the prisoner refused to give his name? A. No; he said he had no objection to being searched, but not in the street.
ELIZABETH CHALMERS . I am single, and was on a visit at Mr. McLeod's, in Wormwood-street; on the Tuesday the prisoner called there quite intoxicated - he gave me a watch to take care of, in consequence of his being so tipsy, and said he would call for it in the morning; he then said if he left his watch he might as well leave his money - he laid it on the table, and I gave this memorandum as I was sitting nearest to the table; he first put down his watch, then a 20l. note, then two 5l. notes, and then eighteen sovereigns and one half sovereign, and in a few minutes he took out these spoons - this is the memorandum I wrote, Mr. McLeod signed his name to it in my presence, and I gave it to the prisoner; what he left was all wrapped up in a piece of paper, and as Mr. and Mrs. McLeod were going out of town the next morning they begged me to take care of them - I gave them up on the 24th of September; they had been kept in a closet in my bed room, and I am sure they had not been disturbed in the mean time.
Cross-examined by MR. PHILLIPS. Q. Who else was in the house? A. Only one maid servant; I wrapped this property up, and as I was going to bed I left the key of the closet on the chimney-piece in my room - I had been repeatedly out of the room; not for more than half an hour at a time - I had not been out of the house; I cannot say whether I had any visitors or not - the servant might have gone into the room: she is not here - my bed-room is on the second floor; I do not recollect any visitors coming - Mr. McLeod has trusted the prisoner with sums of money; he was several years in his employ.
MR. BARRY. Q. Did you find the same sum that you put away? A. Yes; I did not make any mark on it.
JOHN McLEOD . I keep a tavern, at No.7, Wormwood-street. This witness had been on a visit at my house; I have known the prisoner seventeen years; he was eleven years in my service, and left me about four years ago. On the night of the 21st of September he came in, and was intoxicated; he pulled out his watch, and was desired by Mrs. McLeod to leave it - he said if he left his watch he would leave his money; I said he must take an acknowledgment for it, and I told the witness to write a memorandum for it - I put my signature to it, and told him to take it in his pocket in case his wife should miss any of his property; he has a wife and seven children - I never looked at the property, nor touched it.
Cross-examined by MR. LEE. Q. You have known him seventeen years? A. Yes; and up to this time he has had a good character for honesty.
Prisoner's Defence. I am in the habit of going to the Vine inn, Bishopsgate-street, where I have met with travellers - I saw a man there whom I have seen before; he was going to Stonrbridge fair, and had his stock with him - I purchased this watch-chain and twelve spoons of him for 12l.; I gave him a 50l. note, and received this 20l. note, the two 5l. notes, and eight sovereigns, and I had ten sovereigns and a half of my own - I then went to Mr. Mc-Leod's.
GUILTY . Aged 36. - Transported for Seven Years .
GEORGE HANSON . I am in the employ of Mr. Robert Essex - he lives in Upper-street, Islington . On the evening of the 12th of October I missed a pair of trousers from inside the door; I had seen them in the course of the afternoon - I missed them at half-past five o'clock, when I took the things in from the door; these are them - they have a mark on the waistband.
JOHN NEAL . I am an officer. I took the prisoner from Newman - he said they were his brother's trousers, and his mother had sent him to pawn them; in going to the watch-house he said his mother knew nothing about them, but he had taken them out of his brother's box, who lived with a white-smith, at No.13 or 14, Barbican.
GUILTY . Aged 18. - Transported for Seven Years .
John Pullen .
JOHN PULLEN . I am a publican , and live in St. James'-street, Piccadilly . I did not miss any pots on any particular day, but I know these are mine - I have lost five dozens within these seven months.
THOMAS GOOK . I am an officer. On the 30th of September, about nine o'clock in the morning, I saw the two prisoners in company in Charles-street - I watched them, and saw Thomas go down an area and come up again; I watched them for three quarters of an hour, and saw them go to a place close to the prosecutor's - I then lost sight of Thomas; I then saw him come out with something in his apron, and the prisoners went together towards St. James' church; they were then going to separate - I caught hold of Thomas, and said, "What have you here?" he said,"Some pots I am going to take home;" I said, "This is the wrong away;" I called a witness, and charged him to take Steed, and we went to the watch-house - I found these four pots on Thomas, and this pot-strap on Steed.
Thomas. It is quite false - I did not go down an area that morning.
HENRY HARRIS . On the morning these pots were stolen I had put one of them at the door of Mrs. Barclay, in Villiers-court, near to Mr. Pullen's; I saw three other pots there, and took particular notice of them - they seemed to be like these.
Thomas delivered in a petition, soliciting for a lenient sentence.
THOMAS - GUILTY . Aged 17.
Transported for Seven Years .
STEED - NOT GUILTY .
1990. ANN WAKELING was indicted for feloniously receiving, on the 7th of August , of an evil-disposed person, I silver spoon, value 9s., the goods of Elizabeth Sparks , well knowing it to have been stolen .
NOT GUILTY .
3rd COUNT, stating it to belong to Thomas Bryan.
HENRY WARDER . I am a glass and china-dealer , and live at Lewes, in Sussex. On the 7th of October, I sent off a brown paper parcel, containing a 20l. note and ten sovereigns, by the Lewes coach, directed to Mr. John Warder, in London - I gave it to Mr. Bryan, the coach proprietor , himself; I had received the note from a person in London.
THOMAS BRYAN. I received the parcel directed for Mr. Warder - I put it into the right-hand pocket of the coach; I had a particular order to forward it as soon as I got to town; the coach left Lewes at nine o'clock in the morning, and I received the parcel within five minutes of that time - I took it out at the Elephant and Castle, at twenty minutes before four o'clock, and gave it to John Wormington; I gave him 1s. to carry it to the place where it was directed to go- I did not see the prisoner then, but I know him; he has been a coachman , and has been employed some years.
Prisoner. Q. How was the parcel directed? A. To Mr. Warder - I did not put the money into it, nor did I open it; I cannot swear what was in it - I said at Bow-street, I did not know the address.
JOHN WORMINGTON . On the 7th of October, I received a brown paper parcel from Mr. Bryan - it was directed to Mr. Warder, Great Marylebone-street, Cavendish-square; he told me to deliver it as soon as I had done with my coach - I went with my coach to the Golden Cross, and when I had done with that, as it was rather late, and I had to go to Whitechapel to meet the Ipswich coach, I did not know what to do; I went out and saw the prisoner in St. Martin's-lane - I called him and asked him to carry this parcel, and gave him sixpence to take it; he read the direction, and said, "I know him, I will go across the square, and shall be up there directly."
Prisoner. Q. You gave me the parcel? A. Yes, in the street - I have no witness of it; I never said I had - I swear I saw you again on Saturday, at a quarter before eleven o'clock, and you said it was all right; I did not see you on the Friday.
JOHN WARDER . I never received the parcel - when the prisoner was taken he denied having received it; Wormington was there, he said he gave it to him, and he put it into his left-hand pocket - I understood he said he went into a public-house after the prisoner on the Saturday, and the prisoner said he had delivered the parcel, and when he went again for him he was gone; the prisoner denied it all, and said he knew nothing about it.
Prisoner. Q. Were you the gentleman to whom it was directed? A. Yes - you came to my house, and waited till I got home; the witness pointed you out, and said you had had the parcel, and you denied it - you said you would go any where, and we went to Covent-garden watch-house; an officer came and searched you - there was nothing found on you.
SUSAN HOLLEY . My husband is a miller - we live at No. 11, Frederick-place. The prisoner had lodged with me, but left me in the middle of September - he owed me some money, and on the 7th of October he came, between five and six o'clock, paid me 1l., and said he would pay the remainder that night or in the morning; he came again that night, and paid 15s. more, which was all that was due - he came again about eight o'clock on the Saturday morning; he had left a brown coat with me, and took out of the pocket of it, a paper parcel, open at one end, but what it was I cannot say - there was some writing on it, and at the bottom I saw "Marylebone;" at the time he paid me the money, I saw he had some sovereigns and silver in one hand, and in the other some paper, which appeared to me to be notes - he held it out in his hand, and said, "You think I have no blunt, but I have."
Prisoner. Q. Have you never said to any person, or persons, that you never saw me with any parcel at all? A. No, I will swear I saw it - I would not swear they were notes I saw in your hand, but you held them up,
COURT to JOHN WORMINGTON, Q. Are any of the persons from the public-house here? A. No, two of them are very ill - he paid 5l. the same night at the place where he lodged.
Prisoner. Q. Did we not walk together to Mrs. Holley's? A. Yes, but she was not at home - I did not see her till she was brought to Bow-street.
JURY to SUSAN HOLLEY. Q. What day did you see the parcel? A. On the Saturday, but he had left it from the Thursday, which was the day the parcel was lost.
Prisoner's Defence. I never had the parcel - I have had the best of characters, and am incapable of committing such a crime; I am in the daily habit of receiving goods and money for different people - I look to you with confidence for a verdict of acquittal.
GUILTY . Aged 40. - Transported for Seven Years .
CHARLES BITTON . I am a hat-maker . I lost a hat on the 2nd of October, about eleven o'clock at night, from a little way within my door, in Crown-street, Finsbur y - I did not see it taken, but I heard Stop thief! called, and pursued the prisoner; I saw two or three running, and when I came up a witness had stopped the prisoner, and I found my hat - I know nothing of the prisoner.
THOMAS DORMAN . I was coming up Crown-street that night, and saw the prisoner with a hat in his hand - I heard Stop thief! called, and saw the prisoner throw the hat down; he was running very fast, and some other persons after him - I stopped him; I did not see the hat picked up; it had a paper round it.
Prisoner. Q. Where did you see me drop it? A. About twenty yards from the gentleman's house; I did not say that I was very much intoxicated - you dropped your own hat just before I caught you, and I took it up.
CHARLES BITTON. I gave the hat to the officer - a neighbour picked it up, and asked if it was not mine; I said it was - it was missing from my shop.
Prisoner's Defence. I never took a thing in my life, and declare my innocence now.
GUILTY . Aged 20. - Transported for Seven Years .
1993. MARY SMITH was indicted for that she, on the 13th of October , feloniously, unlawfully, and maliciously, by fraud, did take and carry away a female child, named Julia Ellis , under the age of ten years, (to wit,) about the age of six months, with intent to deprive the parents, Henry and Diana Ellis , of the said child ; against the Statute.
SECOND COUNT, stating the intent to be to steal I flannel petticoat, value 1s.; 1 handkerchief, value 9d., and 1 pinafore, value 3d., the goods of Henry Ellis, upon and about the person of the said child; against the Statute, &c.
DIANA ELLIS . I am the wife of Henry Ellis - we are the parents of this child in my arms; her name is Julia. On the 13th of October I sent a little girl to walk with it at my door - I thought it was too cold, and sent a little boy to call her in; he could not find her - I then looked out, and saw a mob, I went to see if the little girl had got into the mob - when I got up, some persons said,"Here comes the mother of the baby;" I did not see the little girl I had sent out with the child, as she had gone with her own mother to look for the woman - I was alarmed, and made every enquiry I could; about ten or eleven o'clock, the girl I had sent out with the child came home with her mother - I saw my child again between five and six o'clock the next morning, when it was brought to the door; the child had only a frock and petticoat on when it was brought back, but no handkerchief or pinafore.
EMMA HORSFIELD . I am nine years old. I took Mr. Ellis' little girl out on the 13th of October - I was walking up and down the street; the prisoner came, and said,"Will you come a little way up the street with me" - I went with her; she said, "If you will go to that butcher's and tell the young lady I want to speak to her, I will give you a halfpenny when you come back" - she said, "Give me the baby:" I said, "You must not have the baby" - she said, "Yes, I can mind the baby;" I said, "You must not have it" - she said, "Yes, I must have it," and she took the baby from my arms; I went on the message, and when I came back she was gone - I went to my mother; the baby had on a blue striped frock, a white pinafore, and a handkerchief, when she took it from me.
MARTHA LEWIS . I was cleaning the step of my door, and saw the prisoner passing with a baby in her arms, about twenty minutes past five o'clock; I had never seen her before, nor the baby - I remarked that it was a clean fine looking baby, and she was a poor looking woman; she passed me, and crossed the road in Lower Bernard-street, St. George's in the East - I saw the prisoner again in custody, and am confident she is the person.
JOHN WENDY . I am a butcher. On the afternoon of the 13th of October I had just returned from Romford, and as I sat at tea, I saw the prisoner walking up and down my street, near the prosecutor's door; I then went to bed, and in three quarters of an hour I heard a noise and screaming in the street, as if it had been all on fire; I pushed up my window, and they said a woman had run away with a child in a nankeen bonnet - I went to bed again, and went out about four o'clock in the morning, to go to Smithfield; I got to Whitchapel church at five minutes past five, and on going on towards Petticoat-lane I met the prisoner with the child rolled up in her apron; I said "What have you there?" she said, "Mr child;" I said,"How long have you had it?" and pulling her apron on one side, I saw the child with a little nankeen bonnet on- I said, "You have stolen this child from a neighbour of mine. and her poor father and mother have been distracted;" I found a Policeman, and gave her in charge - in going down the Commercial-road I said, "What a wicked woman you must be; if you knew the distress of the parents, you would hardly forgive yourself;" she said,"I can't help it, a fat woman in a black gown gave me the child" - I took her to the house, and I think the father took the child in.
Prisoner. I did - I have eight children of my own, and three under six years of age.
GUILTY . Aged 45. - Transported for Seven Years .
JOSEPH HOILES. I gave my daughter Caroline two pairs of shoes to take to a shop on the 2nd of October, between twelve and one o'clock in the day; she was to go from my house in Wheeler-street to Raven-row, Spitalfields - she returned in about an hour and a half, with a Police-officer, without the shoes - the prisoner was afterwards taken up in the evening.
CAROLINE HOILES . I am the prosecutor's daughter - he gave me two pairs of shoes, and I took them along the street; the prisoner asked me if I would go on an errand, and said when I came back that he would give me four pence halfpenny; I said I was not going that way - I was going on my way, and he said "Look at the Buy-a-broom;" he then twisted the pinafore round my head, and took the shoes out of my hand, but before he took them he asked me if I should know him again - I am quite sure he is the man; I saw him again the same evening.
Prisoner. Q. Did not you say it was a man with a scratched face, and a long black coat? A. No, I said a split lip and a black coat.
Prisoner's Defence. I was at Mr. Wilkins' house, in West Smithfield; I have been in the Infirmary, and not able to sent to my friends, and that the doctor knows - you may depend upon it I am innocent.
NOT GUILTY .
JOHN DAVIS . I am a slopseller , and live at Shadwell . On the 21st of October I lost a pair of trousers from my shop; the prisoner came in about dusk, and bought a hat - he returned about half-past nine o'clock, seeming to say he did not like the hat; I said I had nothing to do with that, I was paid and I was satisfied - he said he had two young men who would buy some articles of me, if I would give him the money back; I said I would not - he sat down, and the young men looked at a pair of trousers and some other things; they did not buy any thing - but while they were looking at other things the prisoner went away with the trousers which they had looked at; I gave the two young men in charge - they said they knew nothing of the prisoner; I found him about half an hour afterwards - the trousers were found in his chest; he took the key, opened it, and gave me them out.
Cross-examined by MR. J. ALLEY. Q. Did he ask the price of the trousers? A. No; that I will swear - I did not show him any trousers, but I did the others; the prisoner did not offer me any money - I showed the others two or three pairs of trousers; I sold them a waistcoat and a pair of trousers, but not of the same description as these - I suppose the prisoner is a sailor; I found him afterwards sitting on his chest, at the Peacock, with the hat he had bought in his hand - the officer said to him,"You must go with me;" he made no answer, but took his key, opened his chest, and gave me the trousers - he said, "I thought I had paid you; I will pay you for them;" he offered to pay the officer, who said he dared not take it.
Prisoner. Q. Was not I standing in the shop with the trousers under my arm? A. No, or I should have taken them from you.
THOMAS COLLINS . The prosecutor complained to me that a man had stolen his trousers; I went to the house- there were three persons in the passage; I told them to remain, and sent for the prosecutor, who came and pointed out the prisoner - I told him to consider himself as my prisoner; he said, "For what?" I said, "For taking a pair of trousers from Mr. Davis' shop;" he took out the key, unlocked the chest, and took out these trousers, which the prosecutor said were his, and had been taken from the shop - the prisoner said, "Have I not paid for them?" the prosecutor said, "Certainly not;" when we got outside the prisoner said he would pay for them, and pay me for my trouble.
Cross-examined. Q. Did you inquire whether he was in a hurry to go on board ship? A. The men in the passage said they were waiting to take him on board.
Prisoner's Defence. He showed me these trousers, and I wanted to exchange them for the hat; he would not, unless I gave him one shilling - I staid half an hour with them under my arm; I got tired, and said, "I must go and get my things out before they shut up" - I went and got my hammock, and took it to St. David's stairs; I went back for my chest, and he came with the Policeman, and said I had not paid for them - I said I thought I had.
THOMAS WALTERS . The prisoner had left my vessel three weeks or a month ago, and went to the hospital-ship; on that evening the boat was lying off the stairs, and when he had got his hammock on board he went back for his chest, and was taken; he was to have sailed early the next morning - the mate was with him, and hurrying him off.
COURT to THOMAS COLLINS. Q. Was he in liquor? A. I considered he had been drinking a little, but was not drunk.
NOT GUILTY .
OLD COURT. MONDAY, NOVEMBER 1.
Before Mr. Sergeant Arabin.
1996. FRANCIS TREGARTHEN was indicted for stealing, on the 15th of October , 1 jacket, value 4s.; 1 waistcoat, value 1s. 6d.; 1 pair of trousers, value 1s., and 1 handkerchief, value 1d., the goods of John Thomas ; 1 jacket, value 3s.; 1 waistcoat, value 1s.; 2 pairs of trousers, value 18d., and 1 pair of braces, value 2d., the goods of Thomas Osborn : to which he pleaded
GUILTY . Aged 22. - Transported for Seven Years .
PETER SAUNDERS was indicted for stealing, on the 29th of September , 1 watch, value 4l.; 4 seals, value 1l., and 1 ribbon, value 6d., the goods of Mary Baggs ; 1 watch, value 1l., and 2 keys, value 1s., the goods of Emma Cooper , in the dwelling-house of Mary Baggs .
MARY BAGGS . I live in Mount-street, Whiterhapel , and am a widow . I let lodgings, but never to seamen; the prisoner was very anxious to have a respectable lodging, and I took him in on the 28th of September - he was a stranger; he said he wanted board and lodging, and had just arrived from a long voyage on the South Seas, by the George, which laid in the City-canal; I agreed to take him - this was on Tuesday; he brought nothing with him - he said his linen was all dirty on board, and begged I would accommodate him with some clean shirts - he asked me to recommend him a person, who had a cart, to fetch his things from the ship; he slept at my house on the 28th, got up at seven o'clock in the morning, and breakfasted - he had borrowed 8s. 6d. the day before; he went out about nine o'clock, and said he was going down to the ship to order his things up - I did not see him again till the Saturday following, when he was in custody: I have not the least doubt of his person - my niece missed her watch from a case in the front parlour on the Tuesday, and on the Wednesday I missed mine from the kitchen - the seals and every thing were taken; I have seen them both since.
EMMA COOPER. I live with my aunt: I was present when the prisoner came, and represented himself as a mariner belonging to the George - he said his apparel was on board; I missed my watch that evening from the front parlour - I had seen it early in the morning; I missed my aunt's watch next day.
JOSEPH TILLEY . I am a pawnbroker, and live in the Mile-end-road. I have a metal watch pawned by the prisoner on Saturday, the 2nd of October; I am certain of his person - I do not consider the watch worth 1l.
REBECCA GREENFIELD . I live in White Horse-terrace- my husband is master of a ship. The prisoner came to lodge at my house on Wednesday, the 2nd of September; he gave me precisely the same account he had given the prosecutrix, word for word - he said he wanted to get some clothes to go to the owner of the vessel for money; I lent him 28s. - he left my house, and never returned; he left a watch behind him, which the prosecutrix claimed.
JAMES LEE . Mrs. Baggs came to me on the Tuesday, describing the prisoner's person, and on the Saturday I apprehended him; I asked where he had slept on the Tuesday night - he said at No. 2, Old-road, Stepney; I went there, and was referred to Mrs. Greenfield; I found the duplicate of one of the watches on him.(Property produced and sworn to.)
Prisoner's Defence. I never went into a room, but there was company in it.
GUILTY of stealing to the value of 99s. only . Aged 25.
Transported for Seven Years .
The prosecutor did not appear. NOT GUILTY
PRUDENCE PUGSLEY . I am servant to Mr. John Stephen , of Brunswick-place, Ball's-pond . On the 26th of October, about nine o'clock in the morning, I was absent from the kitchen about a quarter of an hour, hanging some linen in the yard, and on returning I missed three teaspoons from the kitchen table - I had not seen the prisoner about.
WILLIAM BUNDON . I am an officer. On Tuesday morning, the 26th of October, about ten o'clock, I saw the prisoner about a quarter of a mile from the prosecutor's house, in company with another boy - I took him on suspicion of stealing some spoons, having had information, and found three spoons on him.
GUILTY . Aged 14. - Transported for Seven Years .
Before Mr. Justice Park.
RUE LANGLEY. I am a hair-dresser and perfumer , and live in Hanway-street . On the 23rd of September, about seven o'clock in the evening, the prisoner came to the shop, and requested me to go to Lady Arnot, No. 11, Russell-square - he left the shop; I went there immediately, and found no Lady Arnot lived there - on my return my daughter gave me information; my little boy was in the shop when the prisoner came.
Cross-examined by MR. DOWLING. Q. I believe at Bow-street you said you thought it was the 11th of September? A. Yes - I am not certain of the day of the month, but I know it was on a Thursday; I always said it was on Thursday, but am not confident of the date.
CATHERINE LANGLEY . I am the prosecutor's daughter. I remember his going out last Thursday five weeks, to a lady's house - I attended the shop in his absence: the prisoner came in, and said he wanted some tortoiseshell combs for Lady Arnot to look at - I think the prisoner is the person; I had heard my father was gone to Lady Arnot's - he said they were to be very handsome ones, and I was to make haste, for he was in a hurry; I gave him four, and as he went out he said, "I suppose your father knows the price?" I said Yes - my father came back in ten minutes.
Cross-examined. Q. I believe at Bow-street you only said you thought it was the prisoner? A. Yes, I am not certain.
RUE LANGLEY. I sent nobody to the shop for combs; I saw my combs again on Thursday last, in the window of a hair-dresser's shop, in Holborn, named Phillips; I sent an officer there, and he gave them up.
Cross-examined. Q. Did you see a man named Bunning tried at Clerkenwell? A. No - I had taken that man
THOMAS LANGLEY . I am nine years old. I was in the shop when a person came and desired my father to go to Lady Arnot's; I think the prisoner is the man - I saw him last week at Bow-street, and said so; I was also there when the person came for the combs, and think he is the man.
Prisoner's Defence. I was at Bury St. Edmund's, in Suffolk, during the whole of September.
JOHN CANEY . I am a baker, and live at Bury St. Edmund's. I have known the prisoner twenty years - he keeps a hair-dresser's shop at Bury; he lived next door to me - I had seen him every day in September, sometimes eight or nine times a day, and for a year and a half; he left Bury on the 2nd of October, to come to London.
MRS. CURSEY. I live at Bury St. Edmunds. I have known the prisoner eight years; he lodged and boarded with me from the 16th of March till the 2nd of October - he had a shop just across the way; he was never absent from his meals during that time, nor from my house.
NOT GUILTY .
Before Mr. Baron Garrow.
ANN CHAPMAN . I am the wife of George Chapman , and keep a tobacconist's shop , in Ironmonger-row, St. Luke's . On the 8th of October, about two minutes after I had used these scales, I heard they were stolen off the counter - I heard them drop; I ordered a witness to run-I followed, and met the prisoner in Old-street, in the custody of the officer, who had them in his hand-this was five minutes after I had heard them fall.(Property produced and sworn to.)
JAMES CROSS . I live in the same house as Chapman; on the alarm being given I ran out, saw the prisoner going from the shop, and saw the officer stop him-I am quite sure he is the person; he was not out of my sight.
JOHN BROWN . I am an officer. I saw the prisoner running, and the witness following - I ran across, and stopped him about two hundred yards from the shop, and found the scales and weight under his coat.
Prisoner's Defence. I was coming along St. Luke's, and a parcel of boys were hallooing after a man, saying he had stolen some scales - I picked them up, and then they followed me; this young man came up, and said, "You have stolen the scales from the person I lodge with;" I said I had picked them up; the officer came up, and said he would not lose his time in that way.
GUILTY . Aged 22 - Transported for Seven Years .
Before Mr. Justice Park.
ABRAHAM GREEN. I live in Middlesex-street, Whitechapel. The prisoner has been about sixteen years in my service; I gave him two sovereigns, ten shillings, and a sixpence, to fetch some olives which I had bought of Mr. Josephs, No. 2, Maiden-lane - I gave him the money at the Bell, in Middlesex-street ; he did not come back with the olives or money - he always behaved very well; I found him about nine o'clock the next night, at a public-house in Brick-lane, and gave him in charge - he was very quiet and civil; I was rather too hasty, and would not hear what he said - I believe he told other people that he had lost the money; he had nothing about him.
Cross-examined. Q. I believe be behaved well to you? A. Yes; he wanted to speak to me, but I was hasty; it was cold weather, and I had given him some drink that morning-I would take him into my employ again.
Fined One Shilling, and delivered to his master .
Before Mr. Recorder.
The prosecutrix did not appear. NOT GUILTY .
2004. ELIZA KEEFE , MARGARET CLANCEY , and FRANCES CRAWLEY were indicted for stealing, 10lbs. of beef, value 7s.; 3 lbs. of pork, value 2s.; 3 lbs. of mutton, value 2s. 6d., and I dish, value 6d. , the goods of John Rice .
JOHN RICE . I keep an eating-house , in Broad-street, St. Giles' . On the 27th of October , at twenty minutes after eleven o'clock at night, I was in my back room - this beef, pork, and mutton were on different dishes in the window, which was closed; I saw it safe a quarter of an hour before it was taken-I know the prisoners, and had warned two of them out of my shop three weeks before; a man came in, and knocked on the counter; I came into the shop and missed the meat off the dishes - I went to the door, but did not see the prisoners; Ann Reed gave me information - I went to the station, and in about twenty minutes, I went to the prisoners' lodging with Nicholls; I found Keefe and Clancey - my meat was in a cupboard, in a dish which I knew to be mine; I had given Crawley in charge, as I found her against my door - I knew the meat, I had cut it myself; the pork was in the same dish as when in the shop.
ANN REED. I live in Lawrence-lane, St. Giles'. I was passing the prosecutor's shop, and saw Keefe inside-nobody was serving; I staid to look, and saw her take a piece of beef and give it to Crawley, who was waiting outside with Clancey - I saw part of a shoulder of mutton taken; she then returned to the shop, took a dish of ricepudding, and are that there - she was more than ten minutes in the shop, without being interrupted; I saw them going away, and gave information in about twenty minutes - I could not do it before, as there were others watching about, and I was afraid; I am a tailoress.
MARY LEE . I live in Church-street, and am a shoebinder. I was passing this shop, and saw Keefe taking the meat out of the window, and give it to the other two, who stood right opposite - she put it into their aprons; I am certain of them all - they went away together.
WILLIAM LAST . I am messenger at the Police-station. Crawley was brought there on suspicion, and in about two minutes she called me to her, and wished me to go to Eliza Keefe , and tell her to put away the dishes and the meat - she said I should find her three doors from a public-house in Buckeridge-street; I informed the serjeant of this
Keefe's Defence. Several girls came into the lodging, whom I knew nothing of-a young woman fetched this meat down, and left it there.
Crawley's Defence. I know nothing of it-I was not at home from half-past seven o'clock till I was apprehended; I told the man to go to where I lodged, and if there was any thing of the kind to take it away.
MORRIS NICHOLAS. It is not a common lodging-house.
KEEFE - GUILTY . Aged 21.
CLANCEY - GUILTY . Aged 19.
CRAWLEY - GUILTY . Aged 21.
Confined Fourteen Days .
JOSEPH BOYD. I am a silversmith , and live in Oxford-street - I have two shops, next door to each other. On the 28th of October, I saw these fifes hanging about a yard from the door, about ten o'clock, and in the evening, as I was entering one shop, I saw the prisoner come out of the door of the other - I made towards him: he turned round and dropped these six fifes-the Policeman came up, and took him; they were all tied together - he had got a few yards from the shop with them.
GUILTY . Aged 17.
Confined Six Months and Whipped .
THOMAS DENNISS . I am a toy-maker , but have no shop. On the 25th of October, this whittle hung on a nail in my room, up two pairs of stairs; the prisoner was my servant -my wife came and informed me it was lost, while I was at work at the shop; I had seen it safe at nine o'clock in the morning.
SUSANNAH DENNISS . I saw the whittle hanging on the nail about three o'clock, and missed it soon after - the prisoner had been three weeks in our service; we had no character with her-she did not come to work next morning as I expected; I met her next morning - her pocket looked large, but I did not examine it: I knew no one else could have taken it.
GUILTY. Aged 13. - Judgment Respited .
2007. JOHN PICKERING was indicted for stealing, on the 25th of October , 2 saws, value 5s., the goods of John Edwards ; 1 saw, value 2s., the goods of William Randall ; 2 planes, value 4s., the goods of John Samuel Sams , and 1 plane, value 2s., the goods of James Sams .
JOHN EDWARDS . I am a bedstead-maker , and live in Colchester-street, Whitechapel. On Saturday, the 23rd of October, at eleven o'clock, these tools were safe in Mr. Randall's shop-all the workmen's tools were left there; the door had no lock-it was only latched; I returned to work on Monday morning, at half-past seven o'clock, and missed all these tools about half-past nine - I found them at Worship-street next morning; the prisoner was then in custody - he was an apprentice ; his master lived just behind the shop.
WILLIAM RANDALL. I am master of the shop ; the workship is behind, but the front place is always made secure - a person could get through the cellar flap into the workshop yard. I missed one saw on Monday morning, and I found the shop opened; I received information, went to the prisoner's lodgings, and waited there till two o'clock in the morning - he then came home, and we took him going into the door, with my saw in his hand-we found no tools in his lodgings.
JOHN SAMUEL SAMS. I work at Mr. Randall's; I left at eleven o'clock, and left my two planes there-I went on Monday morning, and missed them.
JAMES SAMS. I lost a plane and other tools from Mr. Randall's shop, at the same time.
ANN HOWARD . The prisoner lodged at my mother's, in Fashion-street, Spitalfields, for about a fortnight. About half-past nine o'clock on the Sunday, I went up into the garret where he lodged, and saw, laying in his room, two saws and five planes; he told me was apprentice to a carpenter, but had quarrelled with his master - he took the tools out about half-past eight in the morning, and was apprehended when he came home at night.
GUILTY . Aged 20.
Confined Six Months , and Whipped .
2008. MARY SMITH was indicted for stealing, on the 28th of December , 1 thread-case, value 1d.; 1 pelisse, value 20s.; 1 shawl, value 5s.; 1 cap, value 1s., and 1 1/2 yard of calico, value 6d. , the goods of Elizabeth Barrett .
ELIZABETH BARRETT. I am a widow , and lived in Earl's-court, Leicester-square , in December last. I took the prisoner to lodge in the same room as myself; she came the Tuesday before Christmas-day, and was to pay 3s. a week; she informed me she had come to London to receive some property - she left on the Monday following, without notice; I had gone out between twelve and one o'clock, and when I came back she was gone - I missed all the articles stated in the indictment, all of which I had seen that day - I saw her in Cockspur-street this day fornight, followed her into Oxford-street, and as soon as I saw a Policeman I gave her in charge; I saw her put her hand behind her and throw my needlecase away - I have found nothing else.
EVAN OWEN . I am a Policeman. I received her in charge, and found this needle-case.
Prisoner's Defence. I was in Jamaica at the time.
GUILTY . Aged 26. - Confined Six Months .
2009. ELIZA BIRKINSHAW was indicted for stealing, on the 15th of September , 5 rings, value 20s.; 1 watch-chain, value 20s.; 1 neck-chain, value 3l.; 2 handkerchiefs, value 2s.; 1 petticoat, value 1s., and 1 shift, value 2s., the goods of James Martin , her master; and that she had been previously convicted of felony .
ANN MARIA MARTIN . I am the daughter of James Martin , a publican , who lives in Foley-street . The prisoner came into our service the latter end of May, recommended by the matron of Covent-garden workhouse; I had a ring in my care, in my father's house - it belonged to a gentleman, and a neck-chain of my own; I missed them on the 14th September, with the other things - they were in a box, which I placed in my father's bed-room, on the first floor, when I left home, which was in July.
Prisoner. Q. Did you not offer me the neck-chain to pawn for you to get money to go to the fortune-teller, because you could not get to your father's till before you went to school? A. No; I had the neck-chain in my possession, and desired her to go and ask the value of it, and she brought it back to me.
EDWARD DYER . I am shopman to Mr. Dobree, a pawnbroker, of Charlotte-street, Fitzroy-square. On the 18th of August the prisoner pawned this ring, for 9s.; on the 23rd of August the gold neck-chain, for 30s. - and on the 1st of September she came and had 10s. more on it, and on the 13th 10s. more; Miss Martin afterwards saw them and claimed them - the ring was pawned in the name of Ann Morris , Cumberland-street; and the chain in the name of Morris, Foley-street.
DAVID GEORGE ALDERSON . I am an officer of Marylebone. I was fetched to Mr. Martin's, on the 15th of September, and found the prisoner there - I inquired among the servants, and suspected the prisoner; she gave me this pocket-book, with eight, duplicates in it, one of which relates to a ring pawned at Chapman's; he gave it up before the Magistrate - as she was a female, I desired Miss Martin and her mother to search her; Miss Martin brought me down two duplicates, one for a petticoat, which the pawnbroker gave up; the other was for a shift - one duplicate was for a silk handkerchief; that was given up - Miss Martin produced a white handkerchief to me, as coming out of her box.
MISS MARTIN. I was present when her box was searched, and I found the handkerchief in it, marked with my father's initials; this neck-chain I know - it was my sister's, who is dead; this is a mourning-ring - it is my father's, and was in the same drawer with the neckchain; the other ring is mine.
Prisoner's Defence. Miss Martin gave me the chain to make money of, for her to have her fortune told before she went to school.
MISS MARTIN. There is no truth in it.
GUILTY . Aged 25. - Transported for Fourteen Years .
First London Jury - Before Mr. Recorder.
2010. GEORGE SMITH , JOHN WILSON and THOMAS PHILLIPS were indicted were indicted for unlawfully entering the dwelling-house of James Cleland , on the 23rd of August, at St. Martin, Ludgate, with intent to steal .
JAMES CLELAND . I am a shawl-manufacturer , and live at No. 19, Ludgate-hill, in the parish of St. Martin, Ludgate . On Friday, the 20th of August, I had information from a person, named Pressey, and on Monday, the 23rd of August, about two o'clock in the afternoon, the prisoner, Wilson, applied to me to take a lodging at my house - he was shown up to the second floor, and declined taking it; I saw nobody with him, and saw no more of him that day - about eleven o'clock that night I found the prisoner Smith concealed in the dust-bin in my cellar; he was in a stooping position - he was a perfect stranger to me; I had received information, which induced me to look there - I asked how he came there, but he would not speak; I found a strong centre-bit in the dust-bin, which I had never seen before.
JOHN RIDGLEY . I am an officer of the Mansion-house. On the 24th of August, about half-past one o'clock in the morning, I saw the prisoner Wilson go and put his hand against Mr. Cleland's door, in Ludgate-hill, to try it - he appeared to press it; there are two doors to the house; I was watching there - he then went away, and in about ten minutes or a quarter of an hour he came again, and went to the other door in St. Martin's-court, staid there a little while, and then went through the court to Little Bridge-street; I followed him down there into Bridge-street, to the coach-stand - he went round a coach there, then went up Bridge-street to Ludgate-hill, crossed over the hill, and went up the Old Bailey; - my partner was standing at the corner of the Old Bailey - we secured him, and took him to the watch-house; I there told him one of his partners had been taken out of Mr. Cleland's house, which was the reason we detained him - he said he knew nothing of it, and on the way to the watch-house, at the corner of Farringdon-street, he tried to get out of our hands; he then threw himself on the ground, and we all came to the ground together - his hat came off in the scuffle, and a bag came out of it, in which was a dark-lantern, a phosphorus-box, a few matches, and a piece of wax taper candle; the bag was picked up by a young man, and brought to the watch-house - I am sure it was the bag which fell from him.
Wilson. Q. Do you mean to swear that bag came out of my hat? A. No - I cannot swear they are the same things; I saw the bag fall out of his hat, and the bag produced before the Alderman appeared to be the same - it was brought to the watch-house five or ten minutes afterwards; there appeared to be something in it when it fell from his hat.
JOHN SPILLARD . I am a printer. I was going up Ludgate-hill, and met Wilson in custody - I had not walked above a dozen yards before I heard a scuffle; I immediately ran to the top of Farringdon-street - the prisoner was on the ground, and the officers kneeling on him; I saw his hat fall off, and saw a bag laying by his shoulder, about half a yard from the hat - I immediately took it to the watch-house; I saw it opened there - it
Wilson. Q. Are you sure the centre-bit was in the bag? A. I saw the officer take it out - I followed to the watch-house directly after you; I might be a minute or two - I did not know the contents of the bag till I got there.
THOMAS PRESSEY . I am a hackney-coachman - I have come from the Compter. I gave Mr. Cleland information of this before it happened; I know all the prisoners. About the 16th of August I went into the Cans public-house, Liquorpond-street, and saw Phillips and Smith; I had been there about a quarter of an hour, when Smith asked if my name was Hussey - I said Yes; I had gone by that name - he knew me well before: he sat down there- I was drinking some beer; he and Smith came to me, and asked if I was out of work - I said Yes; Phillips said he knew of a good concern if I would be in it - I made no answer at that time; I listened to what they had got to say; I asked what concern it was - Smith said it was an out - and - out concern, and as safe as the Bank; Phillips up and told me it was where he had been living on Ludgatehill - he said there were a great number of shawls up in the one pair, which was a warehouse, and there was a great deal of money in the big desk; I asked how it was to be done - he said there were apartments to let, and one was to go up to look at the appartments - another was to follow in close after, and go down stairs; he asked me to take a walk and look at the house - I went with Phillips and Smith; neither of us went in at that time - they asked if I had got any tools or instruments; I said No - Smith said he could get another man who would find the tools and every thing, if he would he in it - we separated, and next day we three met again; Phillips left us to go and find the man - I and Smith were coming up near Liquorpond-street, and met a man who was a stranger - Smith said he was one of the grand mob, and went and spoke to him, and in about five minutes they both came up to me - we went to have something to drink together; I do not know that man's name; we went to a public-house - the man said he had not got any thing of the kind himself, fro he had left it off, but he would find a man; Smith said he could get a man himself - the young man said it was only a few minutes' walk; we all three went down to Mount Pleasant, close by the House of Correction, into the Cheshire Cheese public-house - the young man went to speak to Wilson, and brought him to Smith - Wilson said he could complete the concern, if it was worth while; Smith told him how it was to be done; Wilson said he should like to see the young man that put it up - we came out, and met Phillips at the corner of Liquorpond-street; he told Wilson how it was to be done, and what money there was - Wilson asked if any men lodged in the house; Phillips said only a few old people, who lodged up at the top of the house - Wilson asked if he was sure the shawls were good for any thing; Phillips said that he should see some of them, and that he had lived at the house a few weeks before - we all went on together to a public-house in Monmouth-street, St. Giles'- he told us to stop there and he would go and get the duplicates of some shawls which he had pledged - he went and returned with a bundle and three duplicates; the bundle contained three shawls without borders; one duplicate was for a shawl pawned for 21s., another for 15s., and the other for some stuff for 3s. 6d. - Wilson said he should take them to a party to look at, and tell them he should have a quantity of shawls for them, and they might judge by them what they were worth - the shawls were got out of pledge by some people who were to buy them -I did not see the money advanced, but I saw the shawls after they were redeemed - they were pawned some where in Goswell-street; I saw Phillips go into a person's house, who I understood was to purchase the shawls - we then all four went to Spitalfields; Phillips gave the shawls without borders to Wilson, to do away with, and he brought 10s. as the money he had got for them - Wilson and Phillips then left us; Wilson said he would bring the instruments down to the Cheshire Cheese next morning, and next morning we all four met there - it was agreed among us to be done on the Friday following, but it was afterwards put off till the Monday; on the Monday we all went down to Mr. Cleland's house, about two o'clock in the afternoon; Wilson went up to look at the apartments, which were to let - Smith followed in close after him: Wilson came out in about ten minutes, and told Phillips it was all right, and that Smith had gone down safe - we all three came away to the Cheshire Cheese; I went to Mr. Cleland's that afternoon, alone - I had given information on the Friday before to Mr. Cleland; I went on Monday, some time after Smith had gone in - I rang the bell; a young man belonging to Mr. Cleland came to the door in Ludgate-hill - I told him what would take place in the night, and that a person was concealed; I did not go in - I went down towards Gray's Inn-lane, and at the Cheshire Cheese I found Wilson; this was before dark - he asked where I had been to; I gave him no positive answer, but he said if he thought there was any thing amiss, he would knife me, if I did not stick true - I understood he meant to put an end to me; I told him I had been out, but did not say where - Phillips and Wilson had been playing at skittles; Phillips said it would be best for him to go home, because then there would be no suspicion, and he went - we were then there would be no suspicion, and he went - we were to meet him at White Condnit-house at four o'clock precisely next afternoon, and to bring his share there; I was with Wilson from that time, except for an hour, when he went to tea; a coach was to meet us on Holborn-hill between eleven and twelve o'clock, to carry away the shawls - we got into the coach a little before twelve that night; I did not know the driver- we got out again, and walked to the coach-rank in the Old Bailey, the coach following us; another coach overtook us, with another party in it, and we both stopped together at the rank in the Old Bailey.
Q. Was the other party acquainted with your intention? A. Yes, they knew what was going to be done; they all got out and got into the coach we had at first got into - there were seven of us in all then; we then drove to Bridge-street, to the rank - we all got out, and came opposite Mr. Cleland's house, on Ludgate-hill, and four of them went away; they were going to another part of the City; they left one of their party with me and Wilson; Wilson told us to go down to the coach in Bridge-street, and he would walk up and see if all was right - he came back, and told us he had tried the door, it was fast, and he thought the vagabond had gone to sleep, with drinking the ale in the cellar - he went back again, and tried the door;
Smith. Q. I asked what you were doing for your living, and you said if I would stop till the evening I should see? A. No, I told you I had been at work driving a hackney-coach and as a horsekeeper - I did not say I was following my old course of life; I did not go with you that evening and pass off 25s. in bad coin - I had come out of the Penitentiary in April last, and knew you there; a day or two after we first met, a hackney-coachman came in, and asked how I got on about a case - I said I had had ten days' confiuement for charging 1s. more for a fare than was due to me; I did not say I had three warrants out against me.
Q. Did you not say, "We have both been transported, and are not going to give in yet?" A. I said no such thing, nor that I had stolen a coat from Wellclose-square.
Cross-examined by MR. BODKIN. Q. How many names have you gone by? A. The name of Hussey, and no other; I knew if I did not give information I should have been hung, for I could not get rid of any of them, and I knew if I did something of this kind they would have nothing more to do with me; I have had nine years' transportation, and I thought that enough - I was not innocent of what I was transported for; I gave information on purpose to get rid of them, thinking none of them would entice me afterwards.
Q. Why not say, "I am going to give information?" A. Yes, but then they would make away with me; I have been transported twice - the first time was for brushes and several articles, taken from a gentleman in Bryanstone-square.
Q. Was it a burglary? A. No, down an area - I was more than five years at the Penitentiary for it, and exactly five years afterwards I was sent there again - I was not in custody between those times; I was four years with Mr. Wilkinson, a post-master - the second conviction was for receiving some knives and a time-piece, stolen from' Squire Horsefall; they had been given me to carry - I was guilty - I was in the Penitentiary for that a little better than four years; I came out last April, and since that have had ten days for over-charging 1s. - I never drove a night coach; I drove for Mr. Smith for four or five weeks and a few days for Mr. Fenny, of Ratchliff-highway, while his man was ill; I had let a man drive Mr. Smith's coach one night, and he charged 2s. too much - Smith wanted me to pay for the Summons - I would not, and left him; I did not return to him after the ten days were up - I aferwards worked for Chapman, a farmer, at Northall, and left him because he had nothing to do-he said he would employ me if I could cut corn. The coachman said if I did not pay 1l. he would get warrants against me, but I never saw them; I know nothing of a warrant for exacting 4s. 6d. -I have told Smith several times that if we went down into the country we should get some work, and be more comfortable than going on in this way; I did not object to the proposal at the Cans, because they would have been after me continually, at every place I got, and I thought if this spread, about my giving information, they would not come near me; I still went with them after giving the information - I cannot state whether I told the Magistrate about their playing at skittles, and Phillips going home; I must have told him Phillips said he would go home to avoid suspicion, and I stated also that his money was to be taken to a public-house by White Conduit-house - I must have stated that; you will find it down if all I said was taken down - I have been kept in the Compter ever since this, to be a witness here; we were in the public room at the Cheshire Cheese - the master and mistress were there at times; there is a girl here who lived with Phillips - she must have seen us at the Cans; she was no acquaintance of mine - I never saw her till I saw her with Phillips: I have had no conversation with her about what she was to state here, nor on the subject of this robbery; I have been in the Compter all the time - I saw her at Guildhall, but had no conversation with her about the robbery.
SOPHIA SMITH . I live in Arthur-street, Goswell-street. I was acquainted with Phillips for five weeks, and saw Smith two or three times, but did not hear any thing said by them about Mr. Cleland's house - I know nothing of the business.
Cross-examined. Q. Do you know Pressey? A. I have seen him five or six times - I saw him with Phillips at the Cans, and before the Magistrate: we said nothing about the robbery - I went there about pledging two shawls; Pressey came to my place and told me Phillips was taken up - he took me to a public-house, and then told me all about it, about Mr. Cleland's house.
COURT. Q. Who did you pledge shawls for? A. One for myself and one for Phillips - they both had borders to them; I never inquired where they came from - I have not seen them since; I pledged them about a fornight before Phillips was taken.
JURY. Q. How came you at Guildhall? A. Forrester, the officer, came and searched my place, and took me there; Pressey came to me just before the officer - the officer took a great many of my duplicates away, to see if the things were Mr. Cleland's, but found nothing - I had given the duplicates of the shawl to Phillips.
CHARLES EAGLETON . I am an officer of St. Bride's. On the 23rd of August, about eleven o'clock at night, I went to Mr. Cleland's, and took Smith into custody, charged with being concealed in the cellar; I handcuffed him and took him to the Compter, searched him, and found on him a screw-driver, a phosphorus-box, with matches, a knife, and a little bag.
JOHN FORRESTER . I was sent for on the 24th of August, to Mr. Cleland's; Pressey was there-in consequence of what I heard there I went to the Salmon and Compasses, near White Conduit-house; I got there about four o'clock, waited for fifteen minutes - Phillips then came across the road, and sat himself down by Pressey, on a seat outside the door; I came and secured him.
Cross-examined. Q. Was any body else on the bench? A. No; another man was there, but he left before Phillips came.
JOSEPH RENSHAW . I am an officer. On Monday night, the 23rd of August, at twelve o'clock, I received information from an officer - I looked out and saw some suspicious characters on Ludgate-hill; I saw six or eight persons about - I kept about Cleland's house, and about one o'clock in the morning I saw Wilson try
Cross-examined. Q. Was any body there besides Ridgley? A. No other officers - some friends of Mr. Cleland were looking out, as it was excepted the house would be robbed.
MR. CLELAND. I found that centre-bit in the dust-bin in which Smith was concealed.
Cross-examined. Q. Phillips had been in your service? A. Yes, from the 27th of April to the 27th of August - I had trusted him with property to a considerable amount, and when he left I promised to take him again if I should have employ for him.
Smith. Q. Do you or your man recollect seeing Pressey on some excuse before he gave the information? A. I never saw him till he gave the information - several questions have been asked at my house since this; Phillips' mother called, and asked if inquiries had been made whether that was No. 17, Ludgate-hill - this was after Phillips was in custody.
Smith's Defence. I had just been liberated from the Penitentiary - I met Phillips, whom I knew before, on Holborn-hill; we were together an hour or two - I saw him several times after, and met him at the Cans, and at another time I was at the Cans, Pressey came in; I asked what he was doing for his living - he said he was following his old course, and asked what I intended to do; I said my character was lost, but if I could get employ, I should - I asked what he was doing; he said, "If you will go with me to-night, you shall see" - I went, and he passed 1l. worth of base coin at a shop at the corner of Red-Lion-square; I have sent to know if they did not receive two crowns and four half-crowns that night - they say they did, but do not know the person; Pressey asked me several times to put him into a concern - he said, "Who was that I saw you with?" I said Phillips - he asked what he had done; I said he had lived at a shawl warehouse - he said, "Cannot you get a little information about that;" I met Phillips, and asked him some questions about it, then went and related the matter to Pressey - he said,"We can do that if you have a mind;" I said I never did any thing of the kind, but agreed to accompany him - he said he knew Michael Smith, and he asked him several times about the tools; he kept putting if off, and said he would have nothing to do with it; he said, "It is as good as bread, let us do it" - we were all three together; I went and found money to treat with - I refused to go; he said, "Well, I will take the things and go" - he went on Thursday: we waited on the opposite side - he came out, told me somebody was on the stairs, and they could not go down; he afterwards asked if I would go down -I said I would; I swear, before God and man, that Pressey was to commit the robbery, but Phillips and Wilson had nothing to do with it.
MR. BODKIN addressed the Court on behalf of Wilson.
SMITH - GUILTY . Aged 29.
WILSON - GUILTY . Aged 30.
Confined Eighteen Months , and Publicly Whipped .
PHILLIPS - GUILTY . Aged 22.
Confined Two Years , and Publicly Whipped .
NEW COURT. MONDAY, NOVEMBER 1.
Fifth Middlesex Jury. - Before Mr. Common Sergeant.
GUILTY . Aged 18. - Confined One Month .
2002. SARAH COOK was indicted for stealing, on the 11th of October , 2 pewter pots, value 2s., the goods of James Clayton ; 1 pewter pot, value 1s., the goods of Edward Hodges ; and 1 pewter pot, value 1s., the goods of James Thompson ; to which she pleaded
GUILTY . Aged 67. - Confined Six Months .
HANNAH MORROW . I am daughter of William Morrow - he is a water-gilder , and lives in Wilson-street, Finsbury-square . On the 22nd of September, Frederick Saunders called in the morning, between ten and eleven o'clock; I answered the door myself - he said if a parcel should be left there, directed for Mr. Horne, a jeweller, in Houndsditch, would Mr. Morrow take it in; I had not seen him before - he then came back, and said if there was any thing to pay, Mr. Morrow was to pay for it, and Mr. Horne would call in the evening, bring some work, and settle for it; in the afternoon the other prisoner brought a parcel, directed for Mr. Horne, jeweller, Houndsditch - he demanded 1s. 6d.; I went and got half a crown, gave it him, and told him to go next door and get change - he went to the grocer's, at the corner, but I never saw him come out; he never returned - in the afternoon I was going out, and took the parcel to Mr. Horne; it was my father's money I gave him.
THOMAS ROBERT HORNE . I am a jeweller, and live in Houndsditch. I never gave an order for any parcel to he left for me - Frederick Saunders was in my service about three years ago; I have had too many of these parcels - I never saw the other prisoner till I was at Guildhall; the parcel has nothing in it but a letter.
F. SAUNDERS - GUILTY . Aged 17.
J. SAUNDERS - GUILTY . Aged 19.
Transported for Seven Years .
Peter Thorn .
PETER THORN . I live at Ealing . On the 17th of September I lost a sack from my premises - I cannot say when I had seen this one, but I know it is one of mine; I had nearly two hundred - it has my name on it at length: I am a farmer - the prisoner never was in my employ.
JOSEPH HIGGS . I am a Bow-street patrol. On the morning of the 17th of September, about two o'clock, I saw the prisoner and another person coming from Brentford with some potatoes in a sack - I suppose they were near a mile from Mr. Thorn's premises; each man had a sack - I followed them into a house, and saw them throw them off their hacks; the other man got away - I asked the prisoner what it was; he said potatoes, and he had found them - I called for a light, and said, "Here are two sacks;" he said "Yes, I found them both" - this one sack is identified by the prosecutor; there was a fork there used for getting up potatoes.
(Sack produced and sworn to.)
Prisoner's Defence. I had been out after some work; I saw these sacks in the road, and took them up.
GUILTY . Aged 24. - Transported for Seven Years .
THOMAS EDMONDS . I am a baker , and live in Tabernacle-square . On the 11th of October, I lost a rice-pudding and a dish - about eight o'clock in the evening William Poulson had brought it to bake; I told him it would be done about nine; at a quarter before nine the prisoner came for it - I said it was not done, and would not be till nine; at five minutes past nine he came again, with a handkerchief, and had it - he paid me 1 1/2d. and took it away; I presumed he was one of the family.
WILLIAM POULSON . I am the son of Thomas Poulson . I took the pudding, about five minutes before eight o'clock on the 11th of October - when I went for it, at twenty minutes past nine, it was gone; I have seen the prisoner about the street, but I did not send him for it.
JOHN FLETCHER . I took the prisoner into Mr. Edmonds' shop on the following morning - he went into the shop, as I think, to clear himself of it, as some of the boys told him he had been accused of taking it; he told me he had broken the dish.
GUILTY . Aged 13. - Whipped and Discharged.
2016. ROBERT PALIN was indicted for stealing, on the 23rd of October , 3lbs. weight of cheese, value 2s., and 1lb. weight of candles, value 6d., the goods of John Neale ; and 1 apron, value 6d., the goods of Martha Fuller .
JOHN NEALE . I am a gold-beater . On the 23rd of October I heard that the scullery was open, and these things were missing; I went out, and told the Policeman - the serjeant came to me; I went to the station-house, and found the prisoner there with this cheese and candles, part of what I had missed; he said he had found them.
MARTHA FULLER . I am servant to Mr. Neale. This cheese and these candles were in his safe - I saw them on Saturday week; I came down between six and seven o'clock the next morning - I missed them and this apron of mine, which was by the side of the safe.
JOSEPH PARRETT . I am a Police-officer. I saw the prisoner at a quarter before three o'clock, about a half a mile from the prosecutor's - he had a basket, containing these articles, and the apron was round him; he said he had bought them at Saffron-hill.
Prisoner's Defence. He said, "You stole them from some poor woman;" I said I had not - I was intoxicated; I am quite innocent.
GUILTY . Aged 21. - Transported for Seven Years .
Before Mr. Sergeant Arabin.
2017. DAVID SMITH was indicted for stealing, on the 5th of October , 13 yards of woollen cloth, value 3l.; 100 buttons, value 1s.; 2 pieces of velvet, value 1s., and 1 piece of serge, value 1s., the goods of Michael Henry Hart , his master .
MR. BODKIN conducted the prosecution.
MICHAEL HENRY HART . I am a slop-seller - the prisoner was upwards of three years in my service. On the 5th of October I concealed myself in a part of my premises, and watched him while he was cutting - I saw him much flurried, and looking about him; he put his things into his bag, and was going away - I called him back, and said, "I want to see the cut of a waistcoat you have in your bag;" he hesitated, and said, "I have been long enough here to cut out a waistcoat," but at last I said,"I want to see what you have got in your bag;" I turned out the contents, and found this yard and a half of cloth rolled up in the other things - the fellow piece of cloth was then laying on the cutting-board; he immediately implored forgiveness, said he did not know what possessed him to commit such an act, and it was his first offence -I had before spoken to him about cloth: I called in an officer, who found some things at his lodgings.
Cross-examined by MR. LEE. Q. How long had he been in your service? A. Upwards of three years - I had the highest confidence in him; he is married, and has a family - I never allowed him to take home cloth to cut out; here are other articles which I know to be mine, but this piece of cloth I particularly speak to - he had not left my house; he was just going out - he should not have taken any cloth out till it was cut up for garments; this cloth could not have been put in undesignedly - it was rolled up tight.
MR. BODKIN. Q. What were his wages? A. Three shillings and sixpence a day, and he had what work he liked to do; he could get 35s. a week.
WILLIAM WHEELER . On the 5th of October. I was called, and took the prisoner - he saw the prosecutor close to him, and said, "For God's sake! what have I done? do forgive me, for the sake of my family."
JAMES GRIMBLE . I am a Police-officer. I searched the prisoner's lodging, and found four duplicates, by which I got this other property; the prisoner sent for me, and asked if I had found the duplicates - I said Yes, and he desired me to make known to Mr. Hart that they were
Cross-examined. Q. Had you known him before? A. Yes - there is no mark on the cloth.
- ASHBRIDGE. I am a pawnbroker. I have six pieces of cloth; this one was pawned by the prisoner's daughter on the 27th of September - I gave him this duplicate.
MR. HART. To the best of my belief these are my property.
Cross-examined. Q. Is there not cloth of the same description in every tailor's shop? A. Not of the description of all of them; I have the ends of some of them, which have marks on them.
Prisoner. Q. Did you not desire me to go house and bring what work I had, and you would discharge me? A. I sent a man to get what work he had.
The prisoner received a good character.
GUILTY. Aged 45.
Recommended to Mercy by the Jury and Prosecutor .
Confined One Year .
PETER COSGREAVE . I am a surgeon. On the 1st of October, about four o'clock. I was driving on the road, near New-cross turnpike ; I saw a great crowd of people- I got down, and saw the deceased, who was wounded; I do not know his name - he scalp of the right side of his head was hanging over his cheek and the collar of his coat - I held it up till he arrived at a public-house, then dressed it, and left him in the hands of a medical gentleman, who was brought in from the neighbourhood; he did not appear to be wounded in any other part- I should suppose the consequences of the accident would cause death.
JOHN KIRKMAN . I am a surgeon. The deceased was given into my care - I completed the dressing, put him in the chaise, and sent him home; he had a very extensive would on the scalp, from the eye-brow to the back of the head, on the right side - there was no fracture, and he was not lacerated in any other part; I attended him the next morning, and then he went into the hands of Mr. Stocker - the wound produced that which caused death, certainly; he did not appear in liquor.
RICHARD STOCKER . I am a surgeon. On the 1st of October, about seven o'clock, the deceased was given into my care - I found the wound had been dressed; I continued to attend him from the Friday till the Wednesday following, when he died about eleven o'clock at night - I attributed his death to erysipelas, which I attributed to the wound; I think there was no doubt the wound was the cause of his death - I called in other medical aid about five o'clock on the Wednesday; the deceased was not conscious of his approaching death.
WILLIAM MILLER . I am a journeyman bricklayer, and was in the Kent-road - I saw Mr. Wheatley's stage coach coming to town, and the prisoner was driving Mr. Driver's Blackbeath coach, which I think was about forty yards behind the other - they were both coming to town; I did not see the accident happen; but I saw the deceased on the ground, and took him up - I saw a horse and chaise; the coaches had then both pulled up - the deceased was taken to the Five Bells; the chaise was going to town, and was about seven feet from the side of the road, and it was about thirteen feet where I picked up the deceased - the stage the prisoner drove had passed the chaise; the deceased was thrown out on the right-hand side - both the coaches had pulled up, and the cad behind the prisoner's coach stopped the horse of the chaise; that horse did not fall.
Cross-examined by MR. PHILLIPS. Q. I believe you first stated that you thought it was ten feet? A. Yes, and then I measured it; I found the inside-wheel of the gig had been seven feet from the side, and the outside eleven or twelve - the prisoner seemed very sorry, and rendered every assistance in his power; I know him by seeing him on the road - he is a very careful driver; every one who knew him gave him a most excellent character.
WILLIAM MCNEIL . I am in no profession. I was walking with my wife in the Kent-road, and observed two coaches driving towards London; the gig, which turned out to be Mr. Minshull's, was a-head when I first saw it - it seemed to be driving steadily, but being a-head of them it was difficult to tell at what rate it was driving; the coaches were not driving at an unusual pace, certainly not at a pace at which the coachman could not have the command of the houses- the first coach passed on the right side- the next coach then came up, and it appeared that the horses and the fore part of the coach passed the gig without touching, but the hind part in some way, caught the gig - the gig might have been from seven to ten feet from the road, and the middle of the road was gravelled, which would have been an inducement to the coaches to keep near the pain; I have always kept horses, and been used to driving - it appeared to me that a person not used to driving might have been intimidated, and pulled his rein off, which would turn his hind-wheel towards the coach; it appeared to me to be accidental - the moment it happened the prisoner pulled up, seemed very sorry, and rendered every assistance in his power; he had not been going at an outrageous pace, but seemed to be avoiding the gravel, as every coachman would do - I ran up, and Mr. Miller had picked the deceased up; I desired him to take him to the Bells, where he was dressed, and then sent home; the prisoner was one of the most steady and respectable coachman on the road.
Cross-examined. Q. Have you not found that old horses have a habit of boreing to one side? A. Yes, it is the habit of some old horses - I do believe that this was a pure accident; there appeared to me to be no improper conduct.
WILLIAM DEACH . I am ostler at the Five Bells. I was standing at the door, and saw the coaches after they came through the turnpike - I saw the deceased; he passed me in the gig, about thirty yards from me - he was driving steadily, about four or five miles an hour; he sat in a very careless manner, and was rolling about in the gig - I
Cross-examined. Q. You saw nothing improper on the part of the prisoner? A. No; he has been out on bail.
BENJAMIN CORDELL . I am a Police-officer. I did not see the accident, but the coaches passed me, going between seven and eight miles an hour - they went in the usual way, and the coachman appeared fully to have the command of the horses.
Cross-examined. Q. And I believe there was not a more careful man on the road? A. No; we always saw him behave himself in the most becoming manner - it is our duty to see that these men drive properly, and I never saw any thing improper in his conduct since I have been on the road.
JOSHUA HART . I am a licensed-hawker. I was on the road, and saw the gig go by - the deceased was sitting in a very careless manner; the coaches passed afterwards in the usual way, at a very moderate pace; the last coach, which the prisoner drove, touched the wheel of the gig - the gig was seven or eight feet from his own side of the road; I do not know whether the deceased pulled the wrong rein, but the bind-wheel projected towards the coach, and the horse of the gig turned a little to the left - if he had kept straight on, the accident would not have happened; the prisoner stopped immediately, and rendered every assistance in his power - the guard of the coach stopped the horse of the gig; I do not know whether the deceased fell on his head.
Cross-examined. Q. Was it not purely accidental? -A. Yes - if any one was in fault it was the man in the gig.
JURY. Q. Do you suppose the reason of the prisoner's going so near the gig was to avoid the gravel? A. Yes.
ABRAHAM JAMES . I had known Richard Taylor seven or eight months - he was servant to Mr. Minshull. I did not see the accident, but he left me at the Prince of Orange, at the bottom of Royal-hill; I saw him in the gig, and put a friend of mine in to take care of him - this was on the day of the accident; he was drunk, and quite unfit to drive - he did not know what he was doing; he had been drinking ale at Dartford, and in my presence he drank the greater part of three glasses of gin and water.
Cross-examined. Q. Was he not so drunk that he wanted to go over London-bridge to go to Bentinck-street? A. Yes, he did.
CHARLES CREASY . James desired me to get into the gig; the deceased appeared very much in liquor, but was sitting in the gig all the time - I went near a quarter of a mile with him, and then put him in the road to go to Manchester-square; he appeared to me to be in liquor, but not seeing him out of the gig I cannot say.
Cross-examined. Q. He appeared to be in liquor in the gig? A. Yes - I had my business to attend to.
THOMAS PAUL . I was in the dickey of the coach - we were just passing the gig; the horse turned to the near side, and the wheel caught the hind-wheel of our coach, which was going seven or eight miles an hour; there was some gravel in the road - I jumped down, and caught hold of the horse.
NOT GUILTY .
JAMES WYKES . I am a surgeon and chemist , and live at Romford . On the 18th of October the prisoner came in to ask for a bit of plaster for his leg, and said he had been wounded in the East Indies - I gave him a bit, and asked what part of the Indies he had been to; he said several parts - I asked him several questions, having an uncle in India; he said he was a watchmaker, and I showed him my watch - he said there was merely a wheel loose; he said he could do it, but not there; I said he should do it there- he said he could not, he threw down his pension-ticket, and said, "If I run away you can not only find me, but stop my pension;" I put it into the drawer, and soon after he came and said to my servant, "I am come for my pension-ticket," and he gave it to him.
EDWARD HAVERD . I keep the sign of the Man of War, at Poplar, I took the watch out of pawn for the prisoner - he told me to take it out and keep it for him, and he was to go with me to Chelsea to receive his pension, and then to satisfy me; I got it from a pawnbroker in High-street, Poplar, on the 19th of October - I gave the same watch to the officer, on the 22nd.
Prisoner. It was not the prosecutor that gave it to me, it was his sister; I had done one for his servant before his face - I had the brooch of his sister, and took the parts of the watch in my hand, and showed them to her.
MR. WYKES. The pin of the brooch was broken - he took that and the watch too; he did not return either of them - he had repaired one brooch, and this was a second one.
MR. HAVERD. The prisoner gave this brooch to my wife, and said, the watch and brooch had been made a present to him by a lady in India, in return for saving her life from a tiger.
Prisoner's Defence. I repaired the brooch, and returned it to the lady - I said the watch was not right, and she told me to keep it; I had been with another man, and had some beer - I told Mr. Haverd I would not lose, the watch for ten times the value of it; I told him the officer who owned the watch, and the whole history of it.
GUILTY . Aged 50.
JOHN ROBERTSON . I am a constable of Shoreditch -On the 17th of September, about ten o'clock at night, there was a fire in Chiswell-street ; I saw the prisoner in the private passage, near the door - I watched him, saw him make a stop, and put something into the side pocket of his great coat; he then came out, and instead of taking the course the other people did, who were saving property, the went towards Finsbury-square - I followed him there, and said he was taking something away; he hesitated, but said he had not - I said, "Come back, and we will see about it;" another officer came, and we took him back -
ALEXANDER HAWKINS. These are my property, and were there when the house was on fire, about the centre of the warehouse - I am a furnishing ironmonger .
The prisoner put in a written Defence, stating that he had picked up the parcel, and never moved from the spot till he was apprehended.
GUILTY . Aged 58. - Confined Seven Days .
MR. ALLEY. conducted the prosecution.
Cross-examined by MR. BODKIN. Q. Had you seen the prisoner before? A. No, nor afterwards, till he was in charge - he resembled the person very much, but he was not in the same dress; I think I can swear he is the person - there were other persons in the shop - it is a place of a good deal of business.
WILLIAM BOYER . I live in White-street, Poplar, and am a brass-founder. On the 15th of September I bought some colours at the prosecutor's, and paid 13s. 4d. to the prisoner - I have his receipt for it, in his writing.
Cross-examined. Q. Do you remember the person? -A. Yes, perfectly well; there were other persons there.
GEORGE WHITEFHEAD. I am a journeyman baker. I paid 9s. 2d. to the prisoner on the 16th of September, for some articles - here is the bill and receipt.
THOMAS HUBBOCK . JUN. I am in partnership with my father - his name is Thomas; we are oil and colourmen . The prisoner was in our employ from the middle of June; he was to keep a book and make entries of every thing he served out - he was to enter it as he served it, and bring the in an account every night, and hand over the bulk of the money; and he had a small balance down, to give change in the morning; On the 25th of August here is no entry of the name of Brown, 8s., nor of the other two amounts - he was not to account to any body but me; these receipts are his writing.
Cross-examined. Q. How many persons have you in your employ? A. Six besides the prisoner, but the others do not sell goods - they only make them up and get them ready, under his orders; our business is more particularly retail - we have a counter: the till is formed of the prisoner's desk - he puts the money into it; no one sells goods but the prisoner while he is there - when he is not, one of the men do, and give him an account; some trifling entries may possibly have been omitted, but that is provided for by his putting down sundries, if he has more money than is accounted for - on the day after the 25th of August, he appears by the book to have received 12s. 1d.; I am not aware he has ever forgotten something on one day and put it down the next - I should have told him to put the date against it, if he had mentioned it to me; people often buy things and pay for them without a receipt - it depends partly on him and partly on the persons who come, whether he gives a receipt or not - he has a family, and his wife has lately been confined.
GUILTY . Aged 27.
2022. THOMAS GOWLING was again indicted for embezzlement .
DANIEL WILTON . I am a plumber, painter, and glazier. I bought 10lbs. of green paint, and two gallons of oil of the prisoner, on the 13th of September, and paid him 18s. 11d., on the 18th of September I bought some white lead, and paid 13s. for it.
Cross-examined by MR. BODKIN. Q. Did you have any bills? A. Yes, but we could not find them; I took them to my father, and they were put on the table, but we took no notice of them - I know it was on the 13th of September; I do not know what day of the week it was - I cannot recollect the date of any other transaction; no one put the 13th of September into my head - I know it myself - others have served me, and the prisoner has taken the money.
Re-examined. Q. How soon after did you attend at the Police-office? A. About a fortnight; they were both paid within a month of that time.
THOMAS HUBBOCK. The prisoner was in our employ, and no one was to receive money but him - he had not accounted for either of these sums of money.
Cross-examined. Q. Is this writing in red ink yours? A. Yes; the date is mine - he had omitted the date, and I put it down.
NOT GUILTY .
Cross-examined by MR. BODKIN. Q. Is the 21st of September written on it? A. Yes; I saw the prisoner write the bill, and he gave it me - here is the date written in pencil; I cannot say who wrote that, it was not written when I bought the things - I had been there a good many times before, but not since; I cannot remember any other date I ever was there - I had a reason for remembering this day; I am quite sure I paid the prisoner, and had the goods of him.
Re-examined. Q. Was that the last time, you were there, before you went to the Magistrate? A. Yes, I am sure it was on the 21st of September.
Cross-examined. Q. Had you been there a good many times before? A. Yes, and I have been there since; I first began to go three or four months back - I had no receipt; there were other persons in the shop - no one served but the prisoner - he had to attend to all the customers.
MR. ALLEY. Q. How soon afterwards did you go before the Magistrate? A. I think on the 24th.
THOMAS HUBBOCK. The prisoner never accounted for these sums; I saw this witness come and have the things; the prisoner was taken two days after.
Cross-examined. Q. Did that attract your attention? A. My attention had been attracted before, and I watched
JURY. Q. Was there any money received for sundries on these days? A. No.
GUILTY . Aged 27. - Transported for Fourteen Years .
CORNELIUS CARLE . On the 17th of September I made my way into the prosecutor's shop to clear the shop of strangers, as the firemen could not work their engines - I saw the prisoner, and asked who he was; he said he belonged to the firm - I asked his name; he said that was nothing to me - I asked the names of the persons who resided there - he said that was nothing to me; I took him to the station with a brother officer, and found these things upon him.
Prisoner. Q. Was I perfectly sober? A. Yes.
WILLIAM BAKER ASHTON . I was on duty, and assisted the witness to take the prisoner - I found these pulls about the prisoner, two of them in his watch-pocket, and the rest in his hat and his other pockets.
Prisoner. Q. Was I not so drunk that you required another man to take me to the station? A. He was as sober as I am - we required another man, because the crowd was so great, and we knew he had these things about him, and they would have been thrown away.
MR. HAWKINS. These are my property, and were on a shelf behind my counter - the prisoner was not my partner - I had never seen him.
GUILTY . Aged 20. - Transported for Seven Years .
MR. PHILLIPS conducted the prosecution.
CHARLES CAPEL . I am servant to Mr. John Buckett; he is a London salesman . On the 8th of September he sent fifty-three sheep by me to Southall - I put them into Mr. Hawkins' field, and on the 15th two of them were missing; they had been penned in a field - I remember the marks on their skins; one was pitched brand on the hip in a star, and the ram was marked on the head, the shoulder, and rump, with red ochre.
Cross-examined by MR. BODKIN. Q. Did you take them there? A. No; I told out fifty-three, and sent them there - I turned them out at Southall, and desired them to be sent to Hawkins' field - I did not mark them myself; they were not all marked alike - I had driven them to market, and turned them out at Southall; I had told the patrol the mark of the skin before I saw it; I am sure this is the skin of one of them - (looking at it.)
ROBERT HAWKINS . The sheep were brought to me on the 8th of September - I saw them in my field, but I do not think they were penned up; I did not put them into my field, but I counted them three times - the gate was shut; I think the last time I saw them was on the 11th - there were then fifty-three.
Cross-examined. Q. Were they penned in the field? A. No; the gate was shut, but I believe there was no lock- the gate was not swinging about; there is a hedge round the field.
JOSEPH HIGGS . I am a patrol. I heard of the loss of the sheep, and on the 17th of September I saw two men on the road with potatoes, and followed them to the prisoner's house- I saw the prisoner, and told him as I had followed these men, and found stolen property in his house, I should insist upon searching the house - he put himself in an attitude of resistance, and said I should not, he would sooner lose his life - I said I would search; he then begged I would allow time for his wife to dress herself - I said I would, and I waited a sufficient time for that; I then heard a bustle, and went up stairs - the prisoner was not in the room; I asked his wife what she had in bed with her; she said, "Nothing but myself and my child;" the prisoner had been up once or twice to dress himself, and to tell his wife to dress - I then saw in the room a pan and a small piece of mutton in it, and some droppings of brine from the pan towards the bed - I said I should search the bed- his wife began to cry; I searched, and under the bed I found the mutton - I asked the prisoner how he came by it - he said he bought it on Tuesday night; I said, "Who did you buy it of?" he said, "I don't know the man by name, but I should know him if I saw him;" I said,"Did you buy the whole carcase?" he said Yes: I said,"Was the head and skin to it?" he stopped a few seconds and then said, "It is of no use telling a lie, my brother brought it here on Tuesday night" - this is the skin of the ram.
Cross-examined. Q. Then you did not follow the prisoner to his house? A. No - it was a quarter-past two o'clock in the morning; he came down undressed, except his shirt - he refused to let me search his house without a warrant - I waited eight or ten minutes; there is one room up stairs and one down - I shut the door of the house, and locked it; I had an officer outside - the prisoner went up stairs once or twice, and I should think he had time to put the meat under the bed; I had his brother in custody, and he called out, "Jack, it is of no use;" I think I have told the precise words he used, as near as I can - I am sure he did not say it was bought; he at first said he bought it, and then said his brother had bought it - I had not his brother then in custody; he had made his escape on account of the potatoes - I have the skin in my possession, and it has been so ever since; I showed that and the mutton that I had found.
MR. PHILLIPS. Q. Are you quite sure he said it was of no use telling a lie? A. Yes.
SAMUEL OWEN . I am a butcher, and have been forty-four years in the business. I was shown the ram skin, and compared the pieces of mutton with it - I have no doubt whatever that the mutton belonged to that skin; it was
GUILTY . Aged 21. - Transported for Fourteen Years .
The prosecutrix did not appear. NOT GUILTY .
ANN MARIA TOPP . I am daughter of Thomas Topp, of Old Pie-street, Westminster . On the 9th of October the prisoner took these articles from inside the passage but I did not see him take them - there were two coats and a pair of gaiters; I saw him running down the street.
DANIEL RIERDON . At two o'clock in the morning on the 10th of October, I saw the prisoner coming out of Duck-lane, as I was going down Orchard-street; I asked where he was going - he said to try to get a lodging; I said he had better come to the watch-house, and when there I sent the constable for these two witnesses; when they came the prisoner was sitting down - they both said,"You had not that dress on before, you had a fustian jacket;" I asked him what he had got - he said 7s. 2d., and pulled it out of his pocket; I said, "Have you no more?" he said No - I then felt in his pocket, and found 1l. 3s.; I found his coat was a new one, and asked where he got it - he said he bought it four months ago; the women were then about to charge him, and he was going to speak - I said, "Don't make him any promise;" he then said, "Don't give me in charge, and I can tell you all about it;" he said that a man named Stocker had done it, and put them into the house of a man named Jack Niven; that he was going into that house, and the woman Stocker lives with, told him not to come there, as a man had stolen some coats.
Prisoner to ANN TOPP. Q. What time was this robbery? A. About five o'clock, or a quarter-past- I did not call Stop thief! the people were looking, and said, "A young man has run away with your clothes;" I followed you, and you went into the passage of that house - you are the person that had them, and no one else; he wore a short jacket, and corded breeches.
Witness for the Defence.
JOHN DUNCAN . I keep a clothes-shop in Monmouth-street. The prisoner came to me last Saturday night three weeks, at half-past five o'clock, and purchased a suit of clothes; he was dressed in the same coat he has on now - he bought a great coat, and paid a sovereign; I gave him 3s. out - he then bought a waistcoat and pair of trousers; I went to the prosecutor's house myself to save the trouble of coming here, and it took me twenty-five minutes to walk there from my house; I do not know how long a person would be running - the officer has the coat which I sold the prisoner; he might have sold one coat and bought another.
Prisoner's Defence. I can declare before God and the world I am not guilty.
GUILTY . Aged 21. - Confined Three Months .
2028. HENRY MILLER was indicted for stealing, on the 21st of October , 3 lbs. weight of copper, value 2s., the goods of John Webb Robinson and William Hill , his master ; and WILLIAM BERRY was indicted for feloniously receiving the same, well knowing it to have been stolen .
HENRY MILLER pleaded GUILTY .
WILLIAM GEORGE ROBINSON . I live with Messrs. John-Webb Robnison and William Hill, in Broad-street, Ratcliff-highway : Miller was there then as errand-boy . On the 21st of October I left him in their premises, and five minutes afterwards he passed me with the property - I saw Berry join Miller; I followed him to Morley's - Miller ran away; when I got into Morley's shop this copper was in the scale - it was about forty yards from the prosecutor's premises.
(Property produced and sworn to.)
JANE MORLEY . My husband is a finman and brazier, and we keep a little shop. The prisoner came in - I was very busy washing, and my back was towards the counter; I heard something put into the scale - I moved from my washing-tub, and was wiping my hands, when the witness came in; we have always the scale hanging up - I have known Miller; Berry lives in the neighbourhood - he never sold me any thing before: there is another general-dealer next door.
Berry's Defence. I was coming home from work, and Miller came to me, and asked me to sell a bit of copper for him; I did not know any harm in it.
MILLER Whipped and Discharged.
BERRY - NOT GUILTY .
AMBROSE SALLAWAY. I am a glazier . I employed the prisoner on the 4th of October, to mix up some paint; he went to borrow a paint brush, and never returned - in about five minutes I missed a diamond; I had only known him the week before.
(Property produced and sworn to.)
Prisoner's Defence. I agreed with him to work half a day; the house was open, and any one might have access to it.
GUILTY . Aged 21. - Confined Six Weeks .
GEORGE HUGHES. I am a waterman and lighterman. Press Granger's wharf is at St. Ann's, Limehouse ; I was there on the 27th of September, at seven o'clock in the evening, and saw the prisoner on the wharf, putting coals into a bag - he scratched them in with his hands; I went and told the clerk - he came, unlocked the gate, and charged the prisoner with stealing the coals; there were
Prisoner. Q. Where were you? A. I was attending a barge about twenty yards from the premises.
JOSEPH JAMES . I am a clerk on the wharf. The gates were locked; the prisoner had no authority to be there - I do not know how he got there; he struck me several times very severely - the coals were Mr. Granger's.
Prisoner. Q. When you first came, did you not make a kick at me? A. No; I said I had caught you at last - your bag was alongside of you.
Prisoner's Defence. I had been working on the adjoining premises; I had occasion to go on these premises, and was taken.
GUILTY . Aged 20. - Transported for Seven Years .
WILLIAM BARRETT . I am a labourer . I was at the Fountain public-house, Lower Sloane-street , on the 7th of October - my wife came to me there, and brought this bundle; when I had been there about five minutes she left the bundle and child with me while she went to get some tea and sugar - the prisoner was in the public-house, and he gave the child, who was with me, a halfpenny, to go and buy some cakes, and the child being but two years old I went to the door to mind that it did not get into the road; when I returned the prisoner and the bundle were gone - I had known him by sight, but did not know his name, nor where he resided.
GUILTY . Aged 49. - Confined Six Weeks .
HENRY HALLAM. I am a table-blade manufacturer , and live in Castle-street, St. John's, Clerkenwell . The prisoner worked for another firm on the same premises; these knife blades were taken off my premises - I missed them on the 20th of September; he had free access backwards and forwards.
CHARLES FULLILOVE . I am a cutler, and live in Tower-street. On the 20th or 21st of September the prisoner came and asked me to buy some blades; I might have seen him before, but I did not know him - he asked me 2s. for one dozen of blades; he came the next day to know if I would buy the others, and I would not.
Prisoner. Q. Did you not ask me many times if I had got such things? A. Never in my life.
Prisoner. He has called me out of the gate many times, and asked me, and in the street too; I had no work for fifteen months, and was willing to do any thing I could.
(Property produced and sworn to.)
GUILTY . Aged 36. - Confined One Month .
GEORGE MILLER . I make Dutch clocks , and live in Broad-street, Bloomsbury . On the 15th of October I was at work in my back-parlour; I looked round, and saw a person taking three clocks out of the window - I went into the shop and he ran off with them; he ran fifteen or eighteen yards and then dropped them - I pursued him four or five hundred yards; he got out of my sight, but I had given the alarm, and the prisoner was found soon afterwards - I had not seen his face in my shop, but by his garments he is the person, to the best of my knowledge.
Prisoner. He said he did not see any one drop them. Witness. Yes; I saw you drop these three clocks - to the best of my knowledge he is the man.
JAMES COBBINS . I am a Policeman. I heard the alarm, and saw this man as I believe, (by his wearing apparel,) run, and a great many persons following - I came up, and a young man who had followed him close, said, "He is gone into this house;" I waited there ten minutes, and sent to the station-house - when the officer came I went in with the serjeant and some woman; we brought the prisoner out - he said, "Let me go; I will go quietly;" from his clothing I have no doubt he is the same person, but I did not see his face.
CHARLES FREDERICK FIELD . I had information of the loss of these clocks; I went into the house, and saw the prisoner concealed behind a bed - I said, "You are the man I want;" I brought him out - he said, "Don't collar me; I will go quietly;" in going along, he said, "I never was in trouble before."
Prisoner. He asked me whether I had been. Witness. I did not; I asked if your mother was coming, and you said, "I don't know, I never was in trouble before."
Prisoner's Defence. I was sitting on the corner of the bed, bad with a cough; I was not near the shop, nor had the clocks.
GUILTY . Aged 16. Transported for Seven Years .
MARY CLARKE. I am the wife of John Clarke - he is a boot and shoemaker , and lives in Old Montague-street . The prisoner came to lodge with us on the Wednesday, and took her lodgings by the week - on the Sunday I saw her door ajar, and a pair of boot-legs in the room; I went in and saw two pairs of boot-legs near the pillow - this led me to suspect; I looked, and missed a sheet - when she came back, I said "You have robbed me of a sheet, and the
WILLIAM COPEMAN . I know these boot-legs; they were all safe on Saturday night, and I missed them on Sunday morning - this witness brought these into my room; I live on the same floor with the prisoner.
WILLIAM DARBY . I am a Police-constable. This witness gave the prisoner into my charge on suspicion, and said she had attempted to go out at the back door; I took the candle and found some of these boot-legs on the pavement - this sheet was taken from the prisoner's person.
Prisoner. I told her I had the sheet round me; I know nothing about the boot-legs - a boy slept with that man, and he went up and down - I am innocent of taking them.
GUILTY . Aged 32. - Transported for Seven Years .
JOHN CRAWLEY LITTLE . I am a Police-officer. On the 23rd of October I was at the station-house, and was locking up a woman who was drunk; one Meadows was given in charge by Mr. Burke, on suspicion of felony - the prisoner seemed to know him, and had been lodging with him; I locked them both up - the prisoner said to me, "Take this (holding out this spoon), and it will make it all right;" I made no reply, but when I came from below I saw the prisoner come from the passage, and this spoon laid on the place he came from; it was a broken spoon he offered me, and this is broken - and to the best of my belief it is the same he offered; the inspector asked him where he got it - he said from John's, he had broken it in playing improperly with it, and he put it into his pocket for fear of having a row.
Prisoner. Q. What did you do with it? A. I put it back from me into your possession again - I saw you coming from the shelf, and this spoon laid there; the inspector the eatened to report me, but it was because he thought I was taking this to compromise a matter - I had put a small paper on that shelf before, and there was nothing there then.
STEPHEN LIDDIARD . I was at the Phoenix public-house that evening - I saw the prisoner and another young man come in, and call for a glass of cold gin and water, without sugar; the spoon was, I believe, in the next glass, which had belonged to a neighbour who uses the house - there was no spoon in their glass; they were there about ten minutes - it was about a quarter-past ten o'clock.
JOSEPH JOHNS . I keep the public-house . I was sent for, and saw this spoon, which certainly is mine - I do not know when it was taken; we always use silver spoons in the parlour, and clean them perhaps once a fortnight, or once a week - the prisoner was a Policeman; I saw a lad with him at the office - I cannot say whether Meadows was with him or not; I saw the spoon in the next glass to that which the prisoner and the other man had - I did not see the prisoner come in or go out; I did not miss the spoon till I was sent for to the station-house - it was not in the glass then.
Prisoner. The inspector could give material evidence in this case.
GUILTY . Aged 22. - Confined One Month .
Third Middlesex Jury, before Mr. Common Sergeant.
2036. WILLIAM SHEEN , ROBERT LYALL , and WILLIAM STEWART were indicted for feloniously receiving, on the 25th of August , of a certain evil-disposed person, 2 trunks, value 8l.; 4 boxes, value 12s.; 2 hampers, value 5s.; 1 bag, value 12s.; 4 bottles, value 20s.; 1 bottle-case, value 12s.; 30 gowns, value 30l.; 3 hats, value 3l.; 2 bonnets, value 2l.; 3 books, value 26s.; 1 watch, value 6l.; 1 watch-chain, value 2l.; 2 seals, value 10s.; 2 sheets, value 50s.; 4 shirts, value 3l.; 8 shifts, value 50s.; 24 pairs of stockings, value 3l.; 6 petticoats, value 30s.; 1 pair of stays, value 30s.; 6 handkerchiefs, value 20s.; 18 towels, value 30s.; 6 yards of ribbon, value 10s.; 2 waistcoats, value 20s.; 2 work-bags, value 2s.; 1 silk bag, value 2s.; 2 neck-chains, value 1s.; 2 yards of lace, value 8s.; 3 night-caps, value 5s.; 2 aprons, value 3s.; 2 napkins, value 5s.; 4 brushes, value 12s; 1 work-box, value 7s.; 2 pairs of gloves, value 3s.; 5 pairs of shoes, value 30s.; 1 shawl, value 25s.; 4 caps, value 50s.; 2 brooches, value 13l.; 1 necklace, value 20s.; 2 combs, value 20s., and 1 sovereign, the property of Edward Cohen , well knowing the same to have been stolen ; against the Statute, &c.
MR. ADOLPHUS conducted the prosecution.
EDWARD COHEN. I live in Great St. Helen's, and at Suffolk-place, Islington. I had been round the coast, and returned to town on the 21st of August, by the Margate steam-boat - we landed about four o'clock, at St. Katharine's; Cooper, by my direction, met me there - my wife and two daughters were with me; I had nine large packages, containing the articles stated in the indictments - I had seen them packed up, and they were in the steamboat with me; Cooper was my porter - he had a truck with him to carry them in; I saw them all in the truck, and Cooper went to Great St. Helen's with them - he said to me that a person whom he had known some time, had offered, just at the dock gate, to assist him, and they both came together to Great St. Helens with the truck; Cooper there asked me if I would allow Smith, the person who was with him, to take the luggage to my residence at Islington - he said he knew him to be an honest man, and he would go part of the way with him; I allowed him so to do - I then went with my family to Islington, and reached there about half-past six or seven o'clock; I waited till nine, and, as the luggage did not arrive, I sent my servant to town to inquire if it was coming - I went to town myself, about half-past ten o'clock, but could get no account of my property; I went in the morning to Lambeth-street office, and gave information, and three or four days afterwards Lee produced some articles.
Cross-examined by MR. CHURCHILL. Q. You en
MRS. MARY ANN COHEN . I returned with my husband and two daughters to St. Katherine's-docks, in the Margate steam-boat, on the 24th of August; we had nine packages containing the articles stated, three Church of England Prayer-books, some Bibles, and other things - a shift was found on Smith, in my presence, and some towels, pocket-handkerchiefs, a double-bladed knife, a bag containing some lace, and some other little things were produced by the officer, which were a part of the property contained in our trunks and boxes.
CHARLES COOPER . I am a porter in the employ of Mr, Cohen. I went to meet him on his return, on the 24th of August - I took the nine packages into a truck; this was about half-past four, or a quarter before five o'clock - I saw Smith just at the time the steam-boat came up, and he shoved behind the truck in going to St. Helen's -I then found it was so late that I was obliged to go elsewhere; Smith there took charge of the truck from my recommendation - all the things were then in it, and he was to take it to No. 3, Suffolk-place, Lower-road, Islington: I did not know where Smith lived - I went with him to Liverpool-street, and there left him; I had a pint of beer before I left him.
Cross-examined. Q. What made you recommend him? A. I always took him to be an honest hard-working chap - I dare say I had known him twelve months or longer; I had not seen him before that, perhaps, for two or three months - I did not know what was in these packages; there were two hampers, two portmanteaus, two large boxes, and a bag - there were nine in all; I cannot exactly give you the description of the others - there was a white cloth over them before I saw them; there was one cloth over each of two packages - I left Smith about the middle of Liverpool-street.
JANE SMITH . I am the wife of William Smith. I know the prisoner Lyall, and I saw the other two in the van with me when I was taken to prison; Lyall came into my place on a Tuesday - I do not know what day of the month it was; I went before the Magistrate on the Saturday - I was lodging in Flower and Dean-street - there were some boxes and other things which my husband brought in; they were there all night, and went away early in the morning - we had another lodging in Cheshire-street, Waterloo-town.
Cross-examined. Q. Where did you come from? A. From Newgate - I was taken with these prisoners, and have been there ever since: I have not seen Mr. Cohen in Newgate, but I did at Clerkenwell - I saw him there a good many times; he asked me a good many questions - he asked if I knew Lyall; I said I did not - he said he would give me fourteen years if I did not tell him all about it; he did not threaten me with any thing else - he did not touch me at all; I told him at first I did not know Lyall, but after he spoke to me I told him I did - I said before the Magistrate that Mr. Cohen had threatened me, and I was frightened; I did refuse to swear to what I had said in consequence of Mr. Cohen's threats - I said nothing against the other two, and did not know the name of Lyall till it was suggested to me.
COURT. Q. Did you know what was brought to the place? A. Gowns and linen; I put some of the linen on- it was claimed by Mrs. Cohen; I told the Magistrate I was frightened - the things were at my husband's on the Tuesday before I was taken.
ELIZABETH JOHNSON . I am the wife of Andrew Johnson - we live in Flower and Dean-street , opposite the house in which Smith lodged. On a Tuesday evening I saw Smith bringing a load in a truck - I do not know the day of the month; he stopped at his own door, took out a very handsome small box, a carpet bag, and a white deal box; he looked over, saw me looking at him, and let down the end of the truck on the curb; I was standing with my baby in my arms - he then took out the other things which seemed to be boxes, but I could not well see what they were; on the following morning, between six and seven o'clock, I saw a cart come to take away the things - there were two men and a woman besides the carter; I cannot tell who either of them were except Sheen, he was the carter, but I did not see him take any thing from the house - he was in the cart guiding the horse; I did not notice any name on the cart; it went away and returned not long after - I cannot tell the time - it took some things away then; there did not seem to be much - it might have taken them all at once.
Cross-examined. Q. Was the cart larger than the truck? A. Yes, it would have held twice as much as the truck did; I cannot tell whether there was any necessity for it to return.
COURT. Q. Is the man who brought the truck, the husband of Mrs. Smith? A. I believe them to be man and wife; I never knew any thing dishonest of him before - I went before the Magistrate a few days after I saw them.
SAMUEL DENSTON . I am a journeyman carpenter. I was at the new church, at the corner of Angel-passage, Skinner-street; I cannot positively say that I saw any of the prisoners, but I saw a cart, the carman, two men, and a woman were with it; the name of Sheen was on the cart, and I think William, but I know it was Sheen - the carman was in the cart, and handed the goods to the others -I first saw a large bag put on a man's back, and then a woman took something covered, which I thought was a looking-glass.
Cross-examined. Q. You speak rather in doubt about the name on the cart? A. I am positive to the name of
COURT. Q. Were you before the Magistrate? A. Yes - I think it must have been a fortnight afterwards.
MR. ADOLPHUS. Q. What time in the morning was it? A. Just as we were going to breakfast, a little before eight.
CATHERINE BUTLER . I live at No. 9, Angel-passage, Skinner-street - the house is all let out in tenements; I remember one morning seeing Lyall and Stewart come in with some goods - I saw them carrying up a large parcel like a box or something, and then I saw a woman carrying up things; I did not see any cart - the goods were taken away again the same day.
Cross-examined. Q. Where were you? A. In my own room - the bottom room; I was coming out of my door, and saw them - they went to the top-room; I did not take much notice - I thought it was people moving, to live in the house; I do not know whether the goods which were removed were the same or others - I saw them take in some goods, and some were taken out; it was on a Wednesday - I do not know the day of the month.
MR. ADOLPHUS. Q. Were the goods and things taken out in appearance like those they brought in? A. Yes, they came a little after seven o'clock in the morning; I think I went to the Justice about three weeks afterwards.
WILLIAM BAXTER . I am a shoemaker, and lived at the corner of Angel-passage. One Wednesday morning, about seven o'clock, or a few minutes after, I was sitting at work, and heard a cart; I looked through my window, and saw a cart unloading by two men, who were Lyall and Stewart - I saw two parcels taken out of it; there was another man, but I cannot tell who that was -I saw one woman with them; I did not see any name on the cart.
Cross-examined. Q. You did not see more than two parcels? A. No; I saw one was a largish bundle with a kind of blanket outside.
COURT. Q. Did you go before the Magistrate? A. Yes, in about a fortnight.
ELIZABETH DERRINGTON . I live in Flower and Dean-street. One Tuesday night, between six and seven o'clock, I saw Smith come home with a trunk which had a parcel of luggage of boxes in it; I did not see anything else - on the next morning I saw a cart come, between six and seven o'clock, with the carman, (who was William Sheen ,) and a woman - Sheen did nothing, but stood with the harness in his hand towards the horse; the woman put two boxes, and a parcel like clothes tied up into the cart - the cart came back again with Sheen and took in some sacks, which Lyall and a woman brought out; Sheen did not get out of the cart.
COURT. Q. What did Lyall do? A. He put something into the cart tied up in sacks; they appeared to have things in them, and were very heavy.
Cross-examined. Q. How many sacks? A. Two heavy sacks; what was in them I do not know.
JAMES LEE . I am an officer of Lambeth-street. In consequence of information, on the 28th of August I went to No. 14, Cheshire-street, Waterloo-town; I found Mrs Smith there, and under the bed I found a quantity of handkerchiefs, stockings, napkins, and other articles of wearing apparel; there were eight muslin handkerchiefs, five pieces of muslin, four stockings, a shift, and a number of other things - I found a knife and a clothes-brush; that was all I found then - I took the woman to Lambeth-street, and found on her two keys; I then went to No. 1 or 2, in Flower and Dean-street - I there found the pieces of a deal box, and the embers of what appeared to have been a hamper, burned in the fire; my brother officer found a handkerchief with Mr. Cohen's initials on it - I did not see any man at either place; on the 11th of September I went to Wentworth-street, Whitechapel, and took Sheen, where he lived with his father - I inquired if he had taken any goods of any description from a house in Flower and Dean-street, on the 25th of August; he said he had - I asked how often he went; he said once with a cart, and he took them into Bishopsgate-street, as far as the halfpenny toll - he there met two men with a horse and cart, that the men told him they were tired of waiting, and they thought he was not coming; he said their cart came from Westminster and had oysters in it - he said he put the things into that cart and he was to have 1s. 6d. for the job; he also stated that it was at half-past seven in the morning when he moved those things - he did not say from whom he was to have the 1s. 6d.; on the 16th of September I went to Stewart's house, in Angel-alley, Bishopsgate-street, in company with Shelswell and another person - I found Stewart, and told him I apprehended him on a charge of receiving goods, knowing them to be stolen; he said very well, he would go - I searched the room, and there were four square pieces of deal which appeared to have been a deal box - he and his wife were in bed; Shelswell took from under the bed a piece of a deal box with some chalk writing on it; it got rubbed out, but I can nearly recollect what was written on it - there were four or five silk gowns, twenty-five other gowns, eighteen towels, stockings, handkerchiefs, caps, and a variety of articles; and 16s., 1l., 14s., and other sums put at the end of each lot, as if they had been sold for that - I found in the box two skeleton-keys, a picklock-key, a crow-bar; on a further search, when I was there, there was a hole in the ceiling, and Shelswell and another person got through the hole and brought down a great quantity of house breaking implements, such as jemmies, crow-bars, &c.; I took them, and then went and took Lyall, in Castle-street, Whitechapel, very near where Sheen lives - I searched his promises and saw a bottle of oil, but I did not take it at that time: I described it to Mr. Cohen, who desired me to bring it away - this is it; I told Lyall what I took him for.
Cross-examined. Q. Then Mr. Cohen did not describe the bottle till you had told him of it? A. No; this is the board that had the writing on it - I do not know how it got rubbed off; I did not take a copy of what was on it - I will swear it was not in pencil - I mentioned at the Police-office what Sheen said about the cart and the oysters.
THOMAS SHELSWELL . I am an officer. I assisted Lee in searching for these things; we took Sheen at his father's house, and Stewart in Angel-alley - I found this board under the bed; it had gowns, shifts, petticoats, and other things marked on it, with figures carried out- it was in chalk, and here is the word shifts nearly re
JAMES LEE . I found these shifts, and this apron marked M. A. C., No. 5; a shift taken off Smith in Clerkenwell Prison is not here - here are a variety of little pieces of lace, ribbons, and other things found under the bed in Smith's room.
Cross-examined. Q. But these crow-bars and other implements were not in that room? A. They were in a lost over Stewart's room.
MR. COHEN. I had a bottle of oil similar to this, which was packed up with my things; I have no doubt this is it - but I cannot swear to it; this clothes-brush I have had some years - there is a small piece broken from the side of it.
Lyall's Defence. I am perfectly innocent; Lee knows he found other things there.
Mr. COHEN. These brushes are not mine.
Stewart's Defence. I am perfectly innocent.
LYALL - GUILTY . Aged 26.
STEWART - GUILTY . Aged 23.
Transported for Fourteen Years .
SHEEN - NOT GUILTY .
MR. BARRY conducted the prosecution.
CHARLES BAKER . I am a Police-serjeant. I know the shop of Mr. Page Ward - he is a laceman , at No. 121, Oxford-street ; I was called there by Mr. Ward on the 28th of September - I went to the room on the first floor, and found the prisoner and Mrs. Ward; the first word I heard Mrs. Ward say to Mr. Ward was, "I have found the lace on the prisoner," and she gave the lace into my custody - this is it; the prisoner said she was very sorry, and she could not tell what she had done it for - that she would give any money if Mr. Ward would let her go; she then said she would give me 20l. - her bonnet and shawl were then off, and when she had put them on I took her to the watch-house - she repeatedly said she would give any money, she was afraid of being exposed, and she was a respectable person; I did not search her - she had some more lace in her reticule; she was searched in my presence - she had 524l. in Bank notes, some cash, and some India bonds, I believe, but they were tied up, and I did not see them opened.
Cross-examined by MR. CURWOOD. Q. How do you know the prosecutor's name? A. I saw him write Page Ward - I am not aware that it is our duty to report to our inspector every thing that passes, but merely the apprehension of such a party; I should not have considered it my duty to have reported that she offered 20l., and I did not do it - I stated it to the Magistrate, and I believe I gave the same account I have now.
No other witnesses were in attendance.
The prisoner received a good character.
GUILTY . Aged 50. - Confined One Year .
Fifth Middlesex Jury.
MARY ANN ELLIS. I am the wife of George Robert Ellis . I took out my daughter Rosina on the 30th of September, about ten o'clock in the morning; she had the necklace on - I had been out about a quarter of an hour, when the necklace was taken off her neck; I did not see it taken, but she said, "Mother, somebody has taken my necklace;" I turned, and saw the prisoner with it in his hand - another boy was with him; I went up and told the prisoner he had my child 's necklace - he said, "Search me," and the moment he said that he ran up Drury-lane, but was taken - I lost sight of him, and do not know what became of the necklace, but I am quite positive I saw it in his hand - I have not the least doubt it was my child's necklace; I had put it on her neck the moment before I went out - it was three rows of coral.
Prisoner's Defence. She never saw any necklace in my hand.
GUILTY . Aged 13. - Transported for Seven Years .
MARY FEAST . I superintend my brother's (Benjamin Ruddall) business, in Tottenham-court-road . On the 23rd of October a hat was taken from his door, by two boy s, but I did not see it taken; these two boys were brought in with the hat by the Police-officer, and that hat was missing from the door - I had seen it a very short time before; I know nothing of the prisoners.
GEORGE POWELL . I am a Police-constable. I saw the two prisoners at six o'clock in the evening, near the prosecutor's door - I saw McGrath take the hat, and give it to Grubin; they walked away together - I came suddenly upon them, and took them both into custody - I took them back to the shop, and this lady identified the hat; it has a card upon it - Grubin was near enough to see Mc-Grath take it.
JURY. Q. Where was the hat? A. On the right-hand side - I cannot tell whether it was inside or not.
Grubin's Defence. I had never seen this lad till I met him in the street that night; he said he had a hat which would fit me - I was going to try it on, and was taken.
Three witnesses gave Grubin a good character.
GRUBIN - GUILTY . Aged 15.
Confined One Month .
McGRATH - GUILTY. Aged 9.
Whipped and Discharged.
Recommended to Mercy .
Richard Hutchinson .
RICHARD HUTCHINSON . I am a grocer , and live in Shoreditch . On the 30th of September I counted 10l. of silver, in 1l. parcels, for my next door neighbour - there were among it two crowns and several half-crowns; the prisoner came in and asked for an ounce of coffee - while I was serving him another boy came in for some tea and sugar; I turned to get the canister, and the prisoner ran to the end of the counter, and seized 1l. worth of the silver - in doing that he knocked down two more pounds; I did not see him take it, but I heard the noise, turned, and saw him running out of the shop - I said to the other boy ."You young dog, why did not you lay hold of him;" the other boy then ran away - I ran, caught the prisoner, and said,"Give me hold of that silver;" he gave me two crowns and four half-crowns, which made it right.
GUILTY . Aged 13. - Transported for Seven Years .
OLD COURT. TUESDAY, NOVEMBER 2.
Second Middlesex Jury, before Mr. Sergeant Arabin.
JOHN DOSWELL . I am a constable of the East India-docks . On the 16th of October I was at the entrance of the export-dock - I saw the prisoner coming out, and stopped him; I found a coat under his jacket, with the skirts tucked into his trousers - I found this snuff-box and other things on him; the Childe Harold laid in the dock - he said he had been working in the dock.
THOMAS WHEELDON . I am a carpenter of the Childe Harold. This coat is mine, the snuff-box and other things were in the pocket - the prisoner was not employed there: I had left my coat under the forecastle deck.
Prisoner's Defence. I was not near the ship - I came out of the hospital, and had a petition to the import-dock; behind some wood I saw a bundle in a hole - I put the coat on.
GUILTY . Aged 38. - Transported for Seven Years .
WILLIAM JACKSON. I am a butcher , and live in Marylebone . On Saturday, the 11th of October, about half-past eleven o'clock, I ordered my servants to bring the meat from outside the shop - it was done; I went into the parlour. and in a short time heard a person call Stop him! I ran out, and found the prisoner in custody of a Policeman about one hundred yards off, with this veal in his possession.
Prisoner. It was not forty yards. Witness. I cannot exactly say the distance; the business is my own - the meat was inside the shop, on the board.
WILLIAM GOODING . I am a cabinet-maker. I heard a cry of Stop him! in Marylebone-street; I turned round, saw the prisoner running towards me, and stopped him - he had a basket in his right hand; he then doubled himself down, with the basket between his knees, turned it over, and threw the contents out; I caught this knuckle of veal in my hand as it came out - I took it out of the basket; the Policeman instantly came up, and took him.
Prisoner. The basket was but small, and could not conceal the article.
The prisoner (in a long address) stated that he had bought the veal in Hampstead-road - that he never entered the prosecutor's shop, and he did not throw the basket down, but was stopping to look into it for something, when it was knocked out of his hand.
GUILTY . Aged 38. - Confined Six Months .
2043. SAMUEL WRIGHT was indicted for stealing, on the 26th of October , 4 neckerchiefs, value 1s.; 3 shirt collars, value 9d.; 2 pairs of stockings, value 4d.; 1 towel, value 3d., and 1 night-cap, value 2d. , the goods of Lucius Hooke Robinson .
LUCIUS HOOKE ROBINSON . I live in John-street, Adelphi - the prisoner was in my service as footman for ten or eleven months; my house was under repair, and I had a temporary lodging in Norfolk-street, Strand, during the last six months - I have lost a great deal of wearing apparel from my drawers; I did not like to suspect him, but meant to discharge him, and previous to his going to examine his boxes. On the 26th of October Mrs. Robinson was at the house in John-street, and from what she said I went up to the drawing-room and examined a bundle of dirty linen of his in the sideboard drawer, and among them was a pair of dirty stockings, a night-cap, towel, and two or three neckerchiefs of mine - I called in a Policeman, and gave the prisoner in charge: he acknowledged the things were mine, and said he had taken some of them five or six months back - he gave the Policeman this key, and in his box at Norfolk-street, were found two collars and a pair of stockings.
MR. ROBINSON. These are mine.
Cross-examined by MR. PHILLIPS. Q. Had you owed him any wages? A. I usually pay my servants every half-year - he drew part of his wages before they were due.
Q. Did you, at any time, owe him wages which was not convenient to pay? A. Certainly; we have given him things, but these are nearly new - he had the care of my plate and things of value; the value of the property in his box was 1s., or 6d. if you please.
NOT GUILTY .
JESSIE JUSTIN . I am a Policeman. On the 4th of October, about a quarter-past four o'clock in the morning, I was on duty in the City-road, and proceeding down Featherstone-street I saw the prisoner take a bag on his shoulder from the
Cross-examined by MR. PHILLIPS. Q. He gave you every facility to find his master? A. He did.
THOMAS HOLT . I am agent to Mr. Kenworthy, who lives at Manchester; the prisoner has been in my employ as carman for five or six years - I never gave him leave to take oats for his rabbits; I did not know he kept any - there was more than a bushel of oats in the bag; I had sent him to Paddington; he should have no oats, except for his horses.
Cross-examined. Q. I believe he conducted himself well? A. He is the last man I should have suspected.
GUILTY. Aged 45.
Recommended to Mercy by the Jury . - Confined 6 Months .
Before Mr. Recorder.
JOSEPH PARKER . I am shopman to William Austin, a pawnbroker , of Shadwell . On the 23rd of September these trousers hung on an iron rod inside the shop - I saw the prisoner take them down, and run away; I followed - he threw them down, and I secured him.
(Property produced and sworn to.)
GUILTY . Aged 13. - Whipped and Discharged.
FRANCIS MOLERO . I live in George-street, Sloane-square , and am a cheesemonger . On the 29th of October this bacon hung by the door - I was told it was stolen; I had seen it two minutes before - I ran out, and took the prisoner with it, about two hundred yards from the shop; he threw himself down, and I gave him in charge.
STEWART LACKEY . I am a Policeman. I was on duty - I ran round Chelsea-market - the prosecutor called me; I went into a court, and took the prisoner, who was sitting on the step of a door with his head down, pretending to be drunk - the bacon stood against the wall that it should not be seen; it was between seven and eight o'clock at night - I said, "Come, stand up;" he put up his arms as if to fight - I said he must go quietly with me; he had an open knife, and the bacon had been cut.
(Property produced and sworn to.)
Prisoner's Defence. A man came up, and asked me to carry this bacon to No. 5, Westminster, for 2s: this man came, and asked where I got it - I said it was all right; I was hired to carry it.
GUILTY . Aged 20. - Transported for Seven Years .
BRIDGET BRYANT . I am the wife of Thomas Bryant ; we keep a potato-shop in Wentworth-street, Whitechapel ; the prisoner is a stranger - I took a boy on suspicion of stealing potatoes, and he gave information of the prisoner; I had missed a basket of potatoes on the 7th of October from inside my door, and saw three boys running along with a basket, but could not overtake them - the prisoner was taken next morning.
GEORGE CRAWLEY . I am a Policeman. On Saturday, the 9th of October, between six and seven o'clock, the prosecutrix gave me information - I went to the baker's, and found 30lbs. of potatoes which were to be done at ten o'clock, at which time Linch came for them - I secured him; I found the basket thrown over into Mr. Solomon's yard.
JAMES WALTON . I am a Policeman. I took the prisoner on the 10th of October, in George-street, Spitalfields - he denied the charge; I took him to the station - Linch said he was the boy; he made no answer to that.
TIMOTHY LINCH . I am eleven years old. I bought the potatoes of another boy who was with the prisoner - he was not present when I bought them; he and the other boy followed me to the baker's - I only knew them in the street; I gave the money to the other, and did not see him give any of it to the prisoner.
NOT GUILTY .
EMMA FINCOCK . I am the wife of Ormond Fincock, who is a milkman - my son is in the habit of going round the walk for his father. On the 5th of October my husband gave him a little can to go and serve some customers - he is eight years old; he came home to me for 14s. which I gave him - he has been taught to speak the truth.
GEORGE FINCOCK . I went about with the milk, and saw the prisoner between three and four o'clock in the afternoon - he said to me, "Do you go home, and ask your mother for 14s. for your father;" I went home, and my mother gave it to me - the prisoner met me at the corner of Denzell-street, Clare-market ; I gave him the 14s. - he gave me a penny, then dropped a halfpenny down an area, and ran away; I told my father what had happened when I got home, and I think he was taken on Friday night.
GUILTY . Aged 28. - Transported for Seven Years .
Samuel Woolston .
WILLIAM RATE . I am in the employ of Samuel Woolston , shoemaker , High-street, St. Giles' . The prisoner and another man came into the shop with a petition for relief on behalf of somebody else; I told them I was not the master - the boots hung on the front of the counter, about two yards within the door; when they left I suspected something, and missed these boots - I rang for somebody to mind the shop, then followed, and caught sight of the other man; I saw the prisoner, who had gone out first, join him, and when they had got farther I saw the prisoner take something from under his frock, and put it into a handkerchief - they went into Smith's wine-vaults; I got an officer, and we found the boots in a handkerchief, under the prisoner's arm.
Prisoner's Defence. I had them given to me, and did not know they were stolen.
GUILTY . Aged 24. - Transported for Seven Years .
ELIZA ELLIOTT. I am an unfortunate woman, and live in New Gravel-lane . On the 6th of October the prisoner, who was a stranger, went home with me for the night - he went away while I was asleep; my gown and apron, which were by the side of the bed, were gone - I saw him about half-past six o'clock at the White Swan, New Gravel-lane, drinking; my gown was on the settle by his side - he is a sailor .
Cross-examined by MR. PHILLIPS. Q. Was not he as drunk as he could well he at night? A. Yes, and he seemed very tipsy at the watch-house - I think he did say it was a drunken frolic, and that he intended to bring it back; I never said, I thought he would have come forward with a couple of sovereigns to put me out of the way - he had given me 5s. at night.
WILLIAM MELDRUM . I am an officer. I took the prisoner in charge at the White Swan - he was in company with some men; he said, "I am playing a joke with a young woman, who lives opposite the Black Horse," or I should not have known any thing about it.
Cross-examined. Q. Did not the prosecutrix tell you she expected somebody would give her two sovereigns to prevent her giving evidence? A. She said if the party had come forward and given her two sovereigns, and sent her into the country, he would have heard no more of it.
NOT GUILTY .
The prosecutor did not appear NOT GUILTY .
GEORGE PATTISSON . I live in St. Martin's-court, Leicester-fields, and am a baker . On the 28th of October, about eleven o'clock at night, I was in Drury-lane, perfectly sober - I had just come from home; I had my watch in my fob - I was standing in a mob at the corner of Russel-court ; their Majesties were at the theatre - a person came behind me, seized me by my arms and elbows, and I found a hand at my pocket; I put down my hand, and my watch was drawn out - I seized the watch, and seized the person's hand, and called for an officer; he got the watch entirely out of my fob - I am certain I gave the same person to the officer; the prisoner is the man I found at the station, but I could not identify his face - I am sure I gave the officer the man who took my watch.
Prisoner. Q. Did you see my hand under your arm? A. I felt it and seized it, and at the same time seized him by the collar - I caught hold of both his hands; I seized the watch, pressed his arm down, and held it till the officer took him.
THOMAS POCOCK . I am a Policeman. I was attending the theatre, and heard the prosecutor cry out Police - I was about two yards from him; I came up, and saw him holding the prisoner - he charged him with taking his watch; he had the prisoner by one hand and the watch in the other.
(Property produced and sworn to.)
Prisoner's Defence. I was standing at the corner of Russell-court - n young man called for the Police; he caught hold of one man, let him go, and then took me.
GEORGE PATTISSON. I laid hold of nobody else, and never let him go till the officer took him - he pulled his right arm out first, and on my seizng the watch he let go; I held one of his arms all the while.
GUILTY . Aged 20. - Transported for Life .
The prosecutor did not appear. NOT GUILTY .
2054. MARY PEATY was indicted for stealing, on the 27th of October , 3 planes, value 6s.; 1 saw, value 2s.; 1 hammer, value 3d., and 1 gimblet, value 2d. , the goods of John Smith ; and JOHN POCOCK was indicted for feloniously receiving the same, well knowing them to have been stolen .
JOHN SMITH . I am a builder . These tools were in my workshop, in Dudley-street, Paddington , at some buildings I was repairing - I used them at seven o'clock in the morning, of the 27th of October; at eleven three planes and a saw were gone - the prisoner Peaty lodged in the top part of the house; she has been a tenant of mine for two years - I went to dinner, and when I returned, a hammer and gimblet were gone; next day I went with Peaty to Pocock's, who keeps an old iron shop - I stopped outside while she went in; I heard her cry, and say her husband would kill her if she had not got the tools - he said, "Well you shall have the plane and saw for the shilling;" I saw him give them to her, and she gave him 1s. - I then went and said I should take charge of them both; he put his hand into his pocket and said, "I will give you 5l. if you won't send for an officer, and let us settle it" - I said, "No, I shall not, it is the sence I have been trying for for some
Cross-examined by MR. CHURCHILL. Q. She spoke to him about the tools as her husband's? A. Yes - I know Reardon; I told him if he would pay me for my tools it was all I wanted - I did not say if I was satisfied I would get the bill thrown out; I said I would not prosecute if paid for the tools, as I found the prisoner bore a good character.
COURT. Q. Did you go to Reardon or he come to you? A. He came to me at the office, with several people, and begged me to do away with the charge - I believe Peaty was in distress; her husband works on the road.
WILLIAM ADAMSON . I am an officer. I was fetched to Pocock's house - Smith charged him with buying the tools; I asked how he came by them - he said he did not know; he said he had given 1s. for them, and the woman had given him 1s. back - this is the plane and saw; he wished me to go into the parlour, and said he would make it all right, as he said he knew me, and he had no doubt he could make it right with the prosecutor - I said I should not allow any compounding of felony there; Smith made him no offer in my presence - I took the woman to the office, and asked if she had stolen the articles from want; she said it was not so, and she must be foolish at the time.(Property produced and sworn to.)
Peaty's Defence. My children were crying for want; I took the tools, thinking I could redeem them to-morrow- I told Pocock they belonged to my husband, and thinking I wanted bread, he gave me 1s. on them.
PEATY - GUILTY .
Fined 1s. and Discharged.
POCOCK - NOT GUILTY .
2055. ANN PRYOR was indicted for feloniously receiving, on the 6th of October , of an evil-disposed person, 14 silver spoons, value 4l.; 2 table-cloths, value 5s.; 1 towel, value 1s.; 1 pair of shears, value 14s., and 1 pair of spectacles, value 5s., the goods of James Collier , she well knowing them to have been stolen .