FIRST SESSION, HELD AT JUSTICE HALL, IN THE OLD BAILEY, ON THURSDAY, THE 9th DAY OF DECEMBER, 1830, AND FOLLOWING DAYS.
TAKEN IN SHORT-HAND,(BY AUTHORITY OF THE CORPORATION OF THE CITY OF LONDON) By H. BUCKLER.
London: PRINTED FOR H. BUCKLER, BY STOKES & TITTERTON, No. 74, CORNHILL; AND PUBLISHED AT G. HEBERT'S LIBRARY, No. 88, CHEAPSIDE.
Before the Right Honourable JOHN KEY , LORD MAYOR of the city of London; Sir Joseph Littledale , Knt., one of the Justices of His Majesty Court, of King's Bench; Sir John Vaughan , Knt., one of the Barons of His Majesty's Court of Exchequer; Sir Edward Hall Alderson , Knt., one of the Justices His Majesty's Court of Common Pleas; John Ansley , Esq.; Sir Charles bwer , Bart.; George Scholey , Esq.; Samuel Birch , Esq.; John Atkins , Esq. John Garratt , Esq., and William Thompson , Esq.; Aldermen of the said City; Newman Knowlys , Esq., Recorder of the said City; Sir Peter Laurie , Knt.; Alderman of the said City; Charles Ewan Law Esq., Common Sergeant of the said City; William St. Julien Arabin , Sergeant at Law; His Majesty's Justices of Or 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.
KEY, MAYOR - FIRST SESSION.
First London Jury, before Mr. Recorder.
1. RICHARD LAW was indicted for stealing, on the 22nd of November , at St. Margaret Pattens, 2 dressing-cases, value 4l. 12s.; 3 combs, value 2s. 10d.; 7 brushes, value 14s.; 1 tooth-cleaner, value 2s. 6d.; 2 nail-files, value 2s. 6d.; 2 pairs of scissors, value 6s.; 2 penknives, value 11s. 2d.; 2 razor-strops, value 1s. 7d.; 1 tongue-scraper, value 2s. 6d.; 4 glass bottles, value 12s.; 2 ivory pans, value 1s.; 1 pair of curling-irons, value 1s.; 1 shaving-dish, value 3s. 6d.; 1 pair of glass pans, value 1s. 6d., and 2 tweezers, value 3s., the goods of William Benfield , in his dwelling-house .
WILLIAM BENFIELD . I am a perfumer and hair-dresser , and live at No. 1, St. Mary-at-hill, in the parish of St. Margaret Pattens , and rent the house. The articles stated in the indictment are used in my business - I had seen them a quarter of an hour before they were taken, which was about half-past six o'clock on Monday evening, the 22nd of November; William Sanderson was in the shop when they were taken, but I was not - the prisoner is a stranger to me; I had not seen him in the shop - I went out on hearing an alarm, and within twenty yards of my shop I saw one of my dressing-cases, laying open in the road; all the articles together cost me 8l. 10s. - one razor is missing out of a dressing-case; all the bottles are broken - a silver tongue-scraper and a knife are lost; I know all the articles in the indictment were safe a quarter of an hour before - they were the fittings of two dressing-cases, both of which I have recovered; the prisoner was brought into the shop to me, and denied the charge - the shop is part of my dwelling-house; I have no partner.
WILLIAM SANDERSON . I am shopman to Mr. Benfield. I saw the prisoner going out of the shop, with the articles in his possession - I had not seen him come in, as I was curling a child's hair; my face was towards the door, but I did not see him come in - he had not asked for any thing; I pursued, but did not overtake him - he had got into Idol-lane before he was stopped; that is six doors off - I saw him stopped; I saw him drop one of the boxes about two yards from the shop - the other was in his possession when he was stopped; he dropped it in scuffling to get away - they were dressing-cases, furnished with combs and other articles - he denied the charge when he was stopped - nobody was running from the shop besides him.
Prisoner. He says one of them was caught in my arms, which is false. Witness. I saw one in his hand when I came up; he dropped it in struggling.
MR. BENFIELD. These boxes are mine, and these articles are the furniture of them; I include the cost of the instruments in the 8l. 10s. - my name is on the scissors, penknife and razors.
Prisoner's Defence. I was coming from work - there was a cry of Stop thief! I was stopped by a man, brought up to the shop, and they said I had taken these dressing-cases; I had just come from the saw-mills, where I had worked eight years; there was not one of them caught in my arms - the man who took me could say the same, but he is not here.
One witness gave the prisoner a good character.
[Dec. 10.] GUILTY - DEATH . Aged 16.
2. JOHN BERRY was indicted for feloniously assaulting Richard Andrews , on the 9th of November , at St. Lawrence Jewry, putting him in fear, and taking from his person, and against his will, 1 watch, value 20s.; 1 watch-chain, value 10s.; 1 seal, value 2s. 6d., and 2 watch-keys, value 4d., his property .
RICHARD ANDREWS . I am a porter , and live at No. 22, Ironmonger-lane, Cheapside. On the 9th of November, between three and four o'clock in the afternoon, I was going to see for a coach for my employer - the streets were very much crowded, as it was Lord Mayor's day; I was passing out of Ironmonger-lane, across King-street, and along Cateaton-street, to go to the Bull and Mouth, and very near the Castle tavern at the corner of King-street , I found several people - I tried to get by, but could not, and in a few minutes I found some people, pushing against me, and hustling me about; that did not continue many minutes - there were three or four persons together, hustling me about; when I left my master's house I had a watch, chain, and seals - I had hold of it not a minute before; the watch was worth 20s. - I did not feel it go from me: there were two of them before me, one came round me, and one of them touched my body - I put my hand down, and said, "If any body touches my body. I will keep him clear;" they lifted my arms right up, and lifted
Q. Are you quite sure he was engaged as one of those who were pushing you about and hustling you? A. I am; he was very close to me: finding my watch gone a person came to me, and asked if I was robbed - I said Yes, of my watch; he said he thought he knew the party - the prisoner was then gone, and I was looking after him: he had got out of my sight - he was taken within an hour and a half: I was not present then - I received information, went to the watch-house to look at him, and identified him immediately; I am certain he was one of the party - I did not know him before; I saw my watch at the watch-house - my name is on a silver seal which is attached to it, and I have two letters on each side of the case.
THOMAS TOOLE . I am a journeyman boot and shoemaker, and live at No. 22, Goswell-street. I was near King-street on the 9th of November, and saw the prosecutor there, between three and four o'clock; there was a considerable crowd in the neighbourhood - I did not know the prisoner before this, but am positive I saw him there - Andrews was coming along; the prisoner and five or six others, whom I had been watching for some time, and seen attempt to hustle several other people, surrounded Andrews, shoved their elbows in his ribs, and shoved him about backwards and forwards - I am sure the prisoner was one of the most active among them; they at last lifted him right off his legs, and one of them took the watch out of his fob, and handed it to the prisoner - they then let Andrews go, and all began to laugh at him; Andrews said to the one next to him, "How dare you touch my body?" or something of that sort - when he got outside, I told him he had lost his watch, and that I knew the person who had got it; I went with him down to Basinghall-street, but could not see an officer, and while we were talking the prisoner and two others came along the other side of the way - I said,"There they are, don't let them see you, I will follow them, and give me your direction;" I followed them down London-wall, into the Circus, Bishopsgate-street, Liverpool-street, Camomile-street, Sun-street, the Minories, and into White Lion-street, in Houndsditch - the three met two others, who were with them at the time of the robbery; they got to Rosemary-lane - the prisoner and two others went down an archway; I saw the street-keeper, and asked him if it was a thoroughfare - understanding it came into Mill-yard, I went up the yard; there is a house there, which leads through into the yard - I went into the house, and saw the prisoner and the other two with the watch in their hands; they were in the house, and all talking about it - a Policeman came up, and wanted to go into the house, but I said they were coming out, and presently I saw the whole five in White Lion-street; we followed them - the Policeman took the prisoner in Leman-street, and charged him with it; he took the watch out of his hand, and handed it round to the others - they handed it from one to the other; I took hold of it, and said, "That won't do" - the others got away directly; I know them - one of them is a Jew, and had a bag under his arm; I should know them again - we secured the prisoner, and took him to the watch-house - the prosecutor recognized his person, and claimed he watch.
CHARLES TICKLE . I am a constable of Ratcliff. On the 9th of November. I saw Toole in White Lion-street - he gave me information; I said if they were gone through the archway it was all lost - we afterwards saw them all five together; he pointed to the prisoner, and said that was the man who had got the watch - I went up, and we took the prisoner; the others all went away - I followed another for a quarter of a mile, and got his hat and handkerchief, but not him; he ran too fast for me - I saw the watch passed out of the prisoner's pocket; he was trying to shift it away - I have had it in my possession ever since.
R. ANDREWS. I swear this is my watch - my initials are on it.
[Dec. 11.] GUILTY - DEATH . Aged 23.
First Middlesex Jury, before Mr. Justice Littledale.
3. CHARLES BAYLEY was indicted for feloniously breaking and entering the dwelling-house of Elizabeth Prior , on the 7th of November , at Edmonton, and stealing therein 2 table-cloths, value 4s., her property; 1 frock, value 30s.; 1 pelisse, value 20s., and 1 muff, value 2l., the goods of Benjamin Leak .
MR. PHILLIPS conducted the prosecution.
ANN ROBERTS. I am servant to Mrs. Prior, who is a widow , and lives on the Parade, at Edmonton . On the 7th of November I went to bed about half-past ten o'clock - we all retired together; I left nobody up: I saw the house properly secured - the windows and doors were safe; on going down next morning I found the parlour and drawing-room doors open - the parlour closet was open, and the back door open - I had left it shut the night before, and fastened with two bolts and a wooden bar; the glass window was taken out, and the door opened - a person could get in through that window; it was a small sash window, with no shutter, but a wooden board had been nailed over it for security, as the glass had been broken; I found that board broken down, and the whole window out - the kitchen dresser drawers were open; Miss Leak was on a visit at the house at the time - I found her box down at the kitchen door; she saw it - I missed two cloaks out of the hall, and two table-cloths from a table drawer in the hall; they were marked, and I shall know them again - I missed a pair of shoes, which I have not found.
COURT. Q. Was the board fastened the night before? A. It had been fastened for years.
JOHN CAMP . I am beadle of Edmonton. On the 8th of November I heard Mrs. Prior's house had been broken open - it is in the parish of Edmonton, and in Middlesex; next morning, the 9th, I was going from town to Edmonton, and saw the prisoner - I knew him before: after seeing me he turned round, and went on fast - I turned my horse to go after him, and he ran away; I followed, and overtook him - he had a bundle: I asked what he had got in it- he said it was nothing to me, or something to that effect; I told him a great many houses had been robbed at Edmonton lately, and I thought he might have some of the property - he made no answer; I asked for the bundle - he gave it up to me: I took it out of his hand - I opened it, and found some articles in it; I took the bundle home, and sent for Mrs. Prior - I have the same articles now; I asked how he came by the property - he said it was noP. - he had not said he had any thing in his hat; I have had the table-cloth ever since - I found two common keys on him, which the Magistrate ordered me to give up to him; I produce the property - one table-cloth was in the bundle.
Prisoner. I said I did not know what was in the bundle. Witness. He did not say so.
CLARISSA LEAK . On the 7th of November I was on a visit at Mrs. Prior's, at Edmonton, with my sister, who was in very bad health - this cloth pelisse and silk frock are mine; the muff belongs to my sister Sarah, who is fifteen years old - I am twelve years old; my sister is at home, at Holt, in Norfolk - she is now in delicate health; I know the muff to be hers - my father's name is Benjamin - these things are his property, because we are under his care, and he bought them; we both live with him - Mrs. Prior is not related to us: we went to stay a short time with her - we were there several months - the frock and muff were locked up in a deal box in Mrs. Prior's study, on the Saturday night, and the pelisse was in a deal box by it, which was not locked; I saw the box after the robbery - the deal box was broken open, the pelisse and muff gone, and the frock from the other box.
CLARISSA HARRISON PRIOR . I am the daughter of Elizabeth Prior - she is an elderly infirm lady; I lived with her on the 7th of November - she rents the house, and occupies it; these table-cloths are her property - I know them by the letter P. on them, and the pattern of the diaper: they are worth 2s. each - I saw them the day before the robbery, on a table in the hall.
ANN ROBERTS. These table-cloths are my mistress's, and were in a table drawer in the hall.
Prisoner's Defence. My brother came to me on the Saturday, and said my uncle Clarke, the head messenger at the Trinity-house, had a job for me; I went to do it, and stopped at his house on Saturday and Sunday nights: I came home on Monday, and on Tuesday, as I was going there, I went into a public-house, and had a pint of beer, about one o'clock in the day, and when I came out a gentleman tapped me on the shoulder, and said he would give me a shilling or two to carry the bundle - he gave me the cloth, told me to put it into my hat, and said most likely he would overtake me on the road; when the constable stopped me, I asked him to let me go back to find the gentleman, but he would not trouble about that, and said he should take me.
[Dec. 9.] GUILTY - DEATH . Aged 18.
First Middlesex Jury, before Mr. Justice Alderson.
4. JOHN WOODFIELD was indicted for stealing, on the 3rd of November , at St. Pancras, 1 cloak, value 7l., the goods of Charles Michael Sola ; 1 cloak, value 7l., the goods of Richard Spurring ; and 1 hat, value 20s., the goods of Joseph Hermet , in the dwelling-house of Benjamin Bacon Williams .
JOHN JEWELL . I am coachman to Mr. Benjamin Bacon Williams , of No. 48, Tavistock-square, in the parish of St. Pancras . On the 3rd of November, my master having a very large party to dinner, I was waiting at table, by his orders; the prisoner came to his house at seven o'clock in the evening, to ask about a footman's place - I told him master was engaged, and could not be seen, and to come next morning before nine o'clock - he then went away; I did not see him again that evening; an alarm was given about ten o'clock that night, and I missed a cloak of Mr. Charles Michael Sola 's, who was dining with master - it was on a settle in the hall, where I had put it, and I had seen it there about half an hour before; I also missed another cloak, the property of Mr. Richard Spurring , who was a friend of my master's - they were blue broad cloth cloaks; one was new, and had not been worn above two or three times; that cost about sixteen guineas - it was very handsome; the other would be about ten guineas new - about one o'clock in the morning, as a gentleman was going home, I found in the hall a broad brimmed hat, with a piece out of the side; I had seen a hat of that description on the prisoner's head, when he called the first time - I gave it to Barker, the Policeman; the gentleman's hat was missing.
Prisoner. Q. How do you know it was my hat that was left behind? A. I cannot say it was his - I saw one of that description on his head; he wore a shabby coat, - I would not let him far into the hall, and would not leave him while he was there.
Q. Did not I pull off my hat as soon as I entered the hall? A. No.
JANE HOLLOCK . I am housemaid to Mr. Williams. On the 3rd of November I saw the prisoner at master's house, about eight o'clock - he came with a letter, which I gave to my mistress on the stairs, and by her direction I told the prisoner to call again for an answer; he called again about ten o'clock that night - I let him in, and went up stairs to ask mistress for the answer; I saw the cloaks laying on a settle in the hall when I went up - I came down in about two minutes, and found the door open, the cloaks were taken, and the prisoner gone; I am sure he is the man.
Prisoner. Q. Did you let any body else in besides me that evening? A. Nobody; I saw the cloaks there when you came in - you rang at the door at eight o'clock, and at ten also.
EDWARD BARKER . I am a Police-constable. On the 3rd of November I was in Tavistock-square, close by Mr. Williams' house; I saw the prisoner go up to the door and rap, about ten o'clock - he was let in by the maid-servant, and I went away; I did not see him come out - I had seen him at seven o'clock that evening in Sussex-street, Tottenham-court-road with a large slouched hat on - here is a hat which Jewell delivered to me; it is the one he had on then - I saw him pull it off.
Prisoner. Q. How can you swear it is my hat? A. I saw it on your head, and off also - I took notice of it, and am sure it is the same - it is torn down on the right side.
J. HOLLOCK. I am quite sure I shut the door, leaving him inside.
[Dec. 9.] GUILTY - DEATH . Aged 40.
Before Mr. Justice Alderson.
5. THOMAS JONES was indicted for feloniously and burglariously breaking and entering the dwelling-house of William Dawes , about twelve o'clock in the night of the 31st of October , at St. Leonard, Shoreditch, with intent to steal the goods and chattels therein .
WILLIAM DAWES . I live at No. 18, Brunswick-street, Hackney-road, in the parish of St. Leonard, Shoreditch . On the 31st of October, between three and four o'clock in the afternoon, I left my house, leaving Mary Pullen, my servant, a boy, and a man-servant in the house; I returned about nine, found the house in a disturbed state, several Policemen inside, and several drawers pulled out - I missed some things at first, but found them afterwards; nothing was lost.
Cross-examined by MR. CLARKSON. Q. What is your business? A. I am a baker; I have the house on a lease, and have no partner.
MARY PULLEN . I am servant to Mr. Dawes. He left me at home on the 31st of October; I left about ten minutes after six o'clock, and was the last person in the house - I left the things all straight and right; I locked the front door, and bolted the back door, about ten minutes before I left; there are no other outside doors to the house; I went out at the front door, shut it, and locked it; the windows were all safe - I returned about a quarter to eight o'clock, found the house was in great confusion - the Policemen and some neighbours were there; I found the drawers all open, and the things tumbled about - it was moon-light when I returned, and darkish when I left the house; I gave the key to Mrs. Gear when I left.
Cross-examined. Q. Are you sure it was moon-light? A. Yes.
MONTAGUE RAWLE . I live at No. 4, Brunswick-street, very nearly opposite the prosecutor's. On Sunday evening, the 31st of October, I happened to be at the window, about half-past seven o'clock, and saw several people about Dawes' premises - it was bright moon-light; I afterwards thought I saw a light in the top front room - I thought it was a dark lantern, as it moved about in different directions, and seeing the reflection of it on the walls like a sun, I came out of my house, went, and alarmed Mr. Ball, my neighbour; we both came out with Penn, a lodger of his - when we came out, I saw the prisoner open Dawes' door, and come out; he walked on about two doors, and Ball spoke to him - he was walking on then; Ball said,"Halloo! Stop! who are you?" he immediately set off running - I pursued him with Ball, and we were in the road even with him, but about three yards off him; he turned round Cambridge - street - three persons attempted to stop him there - he turned back and said to us, "Have you got him?" I said No; I laid hold of him and said, "Now we have;" he had not been out of my sight one minute - we took him; he then took something in his hand and flung it over the wall in Little Cambridge-street, into the gardens of Wevmouth - terrance - we gave him in charge of Herrington, the Policeman; we took him back to the house, and left him in charge of several people; some stopped in the shop below, and some went up to view the premises - I did not go up; the door was ajar - it shuts with a spring lock- the premises below did not appear at all in disorder - I left him in the shop, and went to find another constable; I am sure he is the man who came out of Mr. Dawes' house, and I took him; I never lost sight of him during the whole time.
Cross-examined. Q. You seem very positive? A. I am so; I had never seen him before, to my recollection - I might be twelve or fourteen yards from the house; it was very moon-light - I believe the moon was full: I have always said I was sure he was the moon, and that I never lost sight of him - he was apprehended about fifty or sixty yards from the house; he had only made one turning -Dawes lives in Brunswick-street; he was taken in Little Cambridge-street, which runs across Brunswick-street - when he turned the corner I was on a level with him, sideways: I was in the road, and he on the payement; I am positive I never lost sight of him - I went with the Policeman to the gardens the same evening; I had seen the movement of his hand, as if something was flung, but saw nothing go from his hand - we could find nothing; we looked next day, and found about an inch and a half of candle - I did not state this to the Magistrate.
Q. Were you not asked before the Magistrate if any thing was found, and did you not say you could find nothing? A. I did not say so - he was searched immediately on his apprehension; he could not open the door with a piece of candle.
WILLIAM BALL . On the evening of the 31st of October I was called by Rawle, went across the road, and saw Dawes' door open, and the prisoner come out; I hallooed out, "Halloo, stop! who are you?" he mumbled something, walked about two doors rather sharply, and then took to running; I pursued, and never lost sight of him - I took him into the custody; the evidence of the last witness is perfectly correct - I went into the house, and found every thing in confusign up stairs, the drawers open, and the contents scattered and rumpled about.
Cross-examined. Q. You swear you have no doubt of his person? A. Not the least - I did not observe any body else running at that time: the street appeared very clear at that moment - the prisoner turned back towards us, and said, "Have you got him?" I had been in doors all the evening, and had not observed whether it was a dark evening; there was a good light in the street.
OTTO PENN . I came out with Ball - two well dressed men, apparently, attempted to stop me as I came out of the door; one of them immediately called out loudly, "Do you see him? Do you see him?" instantly pulled out his watch, and went towards Dawes'house; I said, "That is a signal - look to Dawes' door;" I immediately went towards the door, and the prisoner came out - Ball said, "Who are you? and what are you?" the man directly took to his heels, and turned short round Little Cambridge-street, running - he immediately after turned round, and came towards me, saying, "Have you got him?" Yes (said I) d-n me, I think we have;" directly he saw I was going to take him, he turned again; three persons in Weymouth-terrace put their hands out - he turned again, and we secured him; I lost sight of him as he turned the corner, but believe the prisoner to be the man.
RICHARD HAWKS . I am a Police-constable. On Sunday evening, at six o'clock, I was on duty in Hackney-road, and a little after six I saw four persons at the corner of Brunswick-street - I passed them; one of them was the prisoner, I am certain - I returned again in about a quarter of an hour, and three persons stood there; the prisoner was one of them - it was a beautiful moon-light night; I went to Shoreditch-church, and when I returned it was about seven; two persons were on the spot then - the prisoner was gone, and about half-past seven, as I came that way, I heard somebody speaking very loud, and then a cry of Stop thief! nobody was between me and the person running, not on the footpath; I joined in the pursuit, turned the corner, and lost sight of him, but on coming into Cambridge-street I found the prisoner in Ball's custody; I took him to the house, and went up to the second floor front room - the bed was turned down, and the bolster was removed from its place; a looking-glass was on the bed, with the drawers open, and the things all in a very disturhed state - there were a number of papers on a chest of drawer, which were all open, and the things disturbed - we went into other rooms, and found the things in a regular state; the back door of the house was bolted with two bolts - I went into the garden, and found nothing, but next morning, on the wall next to Cambridge-street, I found a candle, and I received from Mr. Bowen, at the house, this dark-lantern, which was quite warm.
MR. DAWES. This lantern does not belong to me - I never saw it before.
MARY PULLEN. I never saw the lantern before.
Prisoner's Defence. I know nothing about it - I did not leave home till half-past six o'clock.
Two witnesses gave the prisoner a good character.
(Dec. 9.) GUILTY - DEATH . Aged 23.
First Middlesex Jury, before Mr. Justice Littledale.
6. JAMES PHIPPS was indicted for feloniously breaking and entering the dwelling-house of Daniel Long , on the 27th of November , at St. Leonard, Shoreditch, and stealing therein 3 sheets, value 9s.; 1 piece of patch-work, value 3s.; 1 shirt, value 8s.; 1 shawl, value 3s., and 3 half-crowns, his property .
DANIEL LONG . I live at No. 7, Norfolk-place, Curtain-road, which, I believe, is in the parish of St. Leonard, Shoreditch - I am the housekeeper; I work at a silk dye-house - I have no lodger - there are only two rooms and a wash-house in the house. On Saturday evening, the 27th of November, at nine o'clock, I left my house - my three children were in bed, and my wife also, when I left, as she was ill; I bolted the wash-house door and the room door, and locked the street door as I came out, leaving a light in the room; the windows were secured - I put the key into my pocket; I returned in a quarter of an hour, and took the key from my pocket - I applied it to the lock, and could not turn it; I listened, and heard footsteps inside - I thought my wife had come down stairs; no answer was made to me - I tried the key again, but could not turn it; Shortly after the prisoner opened the door about halfway - he rushed out against me; I immediately laid hold of him by the collar, and asked what business he had there; he said, "Nothing, Sir;" I said,"Then I insist on knowing what brought you here;" another man then rushed out after him - I collared him: there is a passage about ten yards from the house, which leads into Shoreditch; they both tried to get from me, but I held them fast till they got me down to the passage - they had both been inside the house; none of my windows or doors were broken - I stuck close to them both till I got out at the gate, at the end of the passage; the other man then gave me a shove, got himself at liberty, and ran off - I called for assistance, but nobody came; the prisoner kept saying "Let me go;" he turned round, struck me a blow in the mouth, and cut me - I stuck fast to him; some people caem up, and one fetched the serjeant of the Police - his hat fell off, and I called to the serjeant to search it; I gave him into the custody - I saw him searched on the spot; a shirt was found inside his waistcoat, on one side, and a shawl on the other side; a sheet was in his hat - I never let him go till I gave him to the serjeant; the prisoner is the person, I am certain; I went to the station with him, and when I returned to my own house. I found a chest of drawers open - some things were in the drawers and some out on the floor; I had left the drawer shut, but not locked - the things were all safe when I went out; I left three half-crowns in the drawer - I took a shilling from the three half-crowns when I went out, and when I returned the three half-crowns were gone; he must have opened the
ANN LONG . On the night of the 27th of November, I went to bed at half-past eight o'clock, in the upper room; I heard my husband go out - he locked the door; I heard a noise in the house, and heard a noise outside, after he was gone - I looked out at the window, and asked what was the matter; several people were collected about the door - I went down stairs, and found my drawers half open; some of the things were in the drawers, and some on the floor - I went up stairs, and fainted; I recollect nothing else that occurred till my husband came home -I missed three sheets and a counterpane out of the top drawer, a shirt and a shawl from the drawer under that, and three half-crowns from the top little drawer; I had put these things all into the drawers myself, not long before I went up stairs - they had been mangled; I saw the money there then.
MARTHA BARRETT . My husband is in the service of the East India Company - I live right opposite Mr. Long's. On Saturday, the 27th of November, I heard a noise in the street - I went to the door, heard a cry of Stop thief! and saw Long struggling in the garden with the prisoner; I saw the prisoner's hat fall off into the next garden, and saw something white in the hat - somebody picked it up, but I cannot say who; I went to Long's house, and Mrs. Long was there - I saw the drawers open, part of the clothes hanging over them, and part scattered over the floor; I saw the Policeman take the prisoner from Long - I am sure he is the man Long was struggling with.
JOHN TOWNLEY . I am a serjeant of the Police; I know Long's house - it is in the parish of St. Leonard, Shoreditch, Middlesex. On the 27th of November I was called by a man to come to Norfolk-place - I there found the prisoner in Long's custody; he gave him up to me - his hat was off, and laying on the ground; Long had no hat on - the hat was handed to me by a person; the prisoner owned it was his himself, and claimed a handkerchief which was in the crown of it; the hat was picked up, and handed to me by somebody standing by - I took the sheet out of it; I searched the prisoner, and took a shirt from between his waistcoat, on one side, and a shawl from the other - he appeared very anxious to search himself, and thrust his hand into his pocket; when he took his hand out I laid hold of it, and found in it a skeleton key - he was very anxious to conceal it from me, and I had some difficulty to get it from his hand; he said it was the key of his own room door, and I had no business with it - I immediately took him to the station; I came back afterwards, and found the key would not open the outer door; I have had the charge of the property ever since.
MRS. LONG. I swear to the shawl! - I know it by the colour and the border, and I have a mark on it; I know this shirt - it is my own marking; the sheet also is my own marking.
Prisoner's Defence. I was at the London Apprentice last Saturday week; a man came, and asked if I was a porter - I said No; he said was I willing to carry a box for him - I said Yes, and went with him; he said the box was so full - he took me over to this man's house, gave me these things, told me to put them under my coat button the coat over, and he would come to me - the key belongs to my own door; I got it fitted to the lock by a man who works in Whitechapel; I was in the house with the man- this man came, and knocked at the door; I opened the door to him - he said, "What do you want there?" I said, "Nothing at all," and immediately the other man rushed out, and shoved me almost over him; he struck him a violent blow, and in the dark he said it was me - he let the man go, and hallooed Thief! and Murder! - the man gave me the things to put into my hat to keep the box from burting my head; I did not know what he collared me for - I work at Mr. Mills, No. 24, Peter-street.
(Dec. 9.) GUILTY - DEATH . Aged 22.
Second Middlesex Jury, before Mr. Sergeant Arabin.
7. JANE MORRIS was indicted for stealing on the 22nd of November , at St. George, Hanover-square, 4 sovereigns, 1 half-sovereign, and 4 half-crowns, the monies of Arthur Campbell , in the dwelling-house of Robert Lynam .
MR. BULLOCK conducted the prosecution.
ARTHUR CAMPBELL . I am a pupil of Mr. Lynam's, who lives at No. 10, Lower Belgrave-street, in the parish of St. George, Hanover-square - my name is Arthur Edward Campbell , but I never use the second name; I have never gone by it and am not known by it - Mr. Lynam rents the house, and lives in it. On the 22nd of November, at five o'clock in the afternoon, I went up stairs to dress; I had a purse with four sovereigns, a half-sovereign, and four half-crown in it - I had seen all that money in it that afternoon; I had been saving it in order to make a present of it to a servant - one sovereign had the letters A. C. on it as my initials; I left my purse at the foot of the bed, is my room, about five o'clock - I went up stairs again about seven, and the purse was not there; the prisoner was a servant in the house, and it was her duty to attempt to that room - the bed was turned down then, but not at five o'clock; I searched for my purse, but it was gone - in the evening of the next day I saw the prisoner in the presence of Mrs. Lynam; she was dressed with her bonnet on, ready to go out - she told Mrs. Lynam she was ready to go, and asked for her wages; Mrs. Lynam said it was at her pleasure, she might go if she liked, but without her wages - she went down stairs, and I told Mrs. Lynam of the loss of my purse; I was afterwards present at the station-house, and saw the prisoner's box brought there - it was locked: I saw it opened with one of her own keys, which she gave to the Policeman; I saw four sovereigns, a half-sovereign, and four half-crowns found in her box altogether - the sovereign marked A. C. was among them; I had marked it myself, and have no doubt of it.
THE REV. ROBERT LYNAM . This is my dwelling-house, it is in the parish of St. George, Hanover-square - the witness was a pupil of mine. I recollect the prisoner being charged with taking this purse - she had been about six weeks in our service, and had notice to quite of the Monday, the day of the loss; she was to quite at the expiration of the month - in consequence of information from the prosecutor, the Policeman was sent for; the prisoner was
ALLEN HORATIO GARMAN . I am a Policeman. I was sent for, and went to Mr. Lynam's - I waited at the door of No. 8, Ranelagh-street, while he went in, and got this box; I produced it to the prisoner and she said it was hers-one of the keys found on her fitted it; I took the money out myself.
Prisoner's Defence. I did not deliver the work-box to my brother, nor yet to his wife - he did not know the contents of the box; I had given notice that day, because mistress treated me with the greatest severity, and having another place inn view I requested to leave - I went to my brother's house; neither he nor his wife were at home - I left the box with another lady in the house; I have lived in most respectable places, and my master had a most amiable character with me - nothing was ever laid to my charge; the money was taken out of my box at the station - it was examined by the prosecuter, the Policeman, and my master; the porsecutor took a sovereign out of his waistcoat pocket, and compared it with those in the box
ARTHUR CAMPBELL. That is not true.
MR. LYNAM. I have known her six weeks; I received a very excellent character with her or, I should not have admitted her into my house.
(Dec. 10.) GUILTY - DEATH . Aged 2.
Second Middlesex Jury, before Mr. Sergeant Arabin.
FILBY GENT. I keep a house for the sale of beer , at No. 10, Duke-street, St. George's in the East - it is my dwelling-house. I have known the prisoner about seven years - he lodged there since the 3rd of September last; he is a mariner - this money was in my watch pocket, and put under my pillow where I sleep; I went to bed last Thursday week, in the room on the ground floor, about ten o'clock this money was then loose in my watch pocket; there were three sovereigns, 13s., and three 5l. Bank notes; the three sovereigns were wrapped up in the notes in my fob, and the silver was in my breeches pockets - I was awoke about a quarter after two o'clock by some papers rattling, as I thought, near my head; I put my hand out of bed, and put it on the prisoner's hand - I thought it might be the cat, but I caught hold of him by the arm; he broke from me - there was a fire in the room, but no blaze - he ran down stairs, and I after him, into the kitchen, where he slept; I there caught him again, and said he had been robbing me - he said, "You cannot hurt me, for I have got no money upon me;" I had not said a words about money - my wife called in the Policeman; he was searched, but nothing could be found on him; the Policeman said the money could not he out of the house - we searched behind the prisoner's bed, and there found the three 5l. notes; he was taken to the station-house, and there searched again and the three sovereigns found in the lining of his jacket, but the silver was never found; here are the notes - I am certain they are mine.
LAWRENCE LANE . I am a Policeman. I was sent for about two o'clock in the morning, and the prisoner was brought up to me, charged with robbing the porsecutor, who found the three 5l. notes in the bed, in my presence - he denied having any money about him, but at the station-house, in the lining of his jacket, I found three sovereigns and a sixpence; he had said he had no money, either of his own, or any body elses.
[Dec. 10.] GUILTY - DEATH . Aged 26.
Second Middlesex Jury, before Mr. Justice Alderson.
9. ELIZABETH PHIPPS and ELIZABETH FLANAGAN were indicted for feloniously breaking and entering the dwelling-house of Joseph Drake , on the 17th of November , at St. Leonard, Shoreditch, and stealing 1 shift, value 4s.: 3 shirts, value 20s.; 1 petticoat, value 2s.; 1 sheet, value 7s.; 2 pillow-cases, value 3s.; 3 towels, value 3s.; 1 table cover, value 2s.; 6 yards of printed cotton, value 8s.; and 1 table cloth, value 8s., his property .
SUSAN DRAKE . I am the wife of Joseph Drake - we live at No. 1, Red Lion-street, Kingsland-road, in the parish of St. Leonard, Shoreditch , and occupy the house. On the 17th of November I left the house at half past five o'clock in the afternoon; my husband had gone out before me - I double-locked the door; I left nobody in the house; there is only one outer door - all the windows were secure; I returned at eight o'clock in the evening, and found my door open; it had been opened by some key, or something - I missed two sheets, four shirts, three table-cloths, two pillow-cases, two shifts, three towels, one table cover, two pieces of printed cotton, measuring five yards and three quarters together, and a petticoat; they were all in the drawer, which was open - every thing was taken out of the drawer; they were all in there clean when I went out, and nothing was left but two pairs of stocking; I saw the property again on the 24th of November, at Lambeth-street office - all my linen was marked, except the towels - I found all the marks taken out, but knew them although the marks are picked out; I know nothing of the prisoners - I found them in custody.
THOMAS BARNES . I am a pawnbroker. I know the prisoners; they came to me on the 18th of November together, to pledge a sheet, table-cloth, three shirts, and all these articles which I have - while I was making out the duplicate I thought the things were too good to belong to them; I then examined them, and saw some of the marks were picked out - I detained them and the goods, and sent for an officer, who took them.
Cross-examined by MR. BODKIN. Q. Did you know either of them before? A. I think I have seen Flana
SUSAN DRAKE . Here is a mark on the corner of the table-cloth which I can trace; these are part of the goods missed on the night in question - I have not a doubt of the whole of them being our property; my own work on some of them.
Cross-examined. Q. Were they your own things? A. Part of them; the rest were sent to me to wash - this shirt belongs to a young man I wash for; the things were all in a drawer, and all clean; I had put them away on the Monday morning before the robbery, but saw them in the drawer five minutes before I went out; here is my own needle-work on several of them, and this sheet is mine; some are my own wearing-apparel.
Phipp's Defence. I never saw the things till they were on the pawnbroker's counter; the other prisoner came to my house, and asked me to go with her and pawn them - I said I would, and carried her child, and sometimes the basket with the things, and was much surprised at her being detained.
Flaxagan. I leave my defence to my counsel.
THOMAS BARNES. I took the goods from both of them; I saw them in possession of both of them - I asked who they belonged to; Flanagan said they were her property.
FLANAGAN - GUILTY - DEATH . Aged 23.
PHIPPS - NOT GUILTY .
Second Middlesex Jury, before Mr. Justice Littledale.
JANNBTTA MANN. I am the wife of John Mann - we live at No. 12, Guildford-street, Russell-square, in the parish of St. Pancras ; he is a baker , and occupies the house. The prisoner was in my service for twelve weeks; she left on the 11th of November - I had given her notice a fortnight before that to quite at the end of a month; on the 6th of November I received a 20l. Bank note from Mr. Short, No. 54, Bernard-street, and gave him change; he paid me eight guineas, I gave him the balance - my daughter, Jane, was in the parlour; I took the note to her, and she, in my presence, put the gentleman's address on it; and I then put it into the desk, in a pocket-book - I locked the desk; this was on Saturday evening, the 6th of November - I saw the note again on Tuesday evening, the 9th of November, as late as five o'clock, in the same place, and on Wednesday evening, the 10th, I was going to put what money I had taken into the pocket-book, and when I went to it the note was gone - I do not know whether the desk was locked or not then; I only told my husband of it that evening - every body was gone to bed; but next day I got up early and accused the prisoner of it on her coming down stairs that morning; she seemed very sorry at my loss, and said, would I like to look at her clothes, or into her box; I said I would: I went up-stairs and examined her clothes in her box, but found nothing - I did not search her person; I took all the things out of her box - I came down stairs, and said nothing further then, but after breakfast I went down stairs into the kitchen, and the prisoner said, "I think Ma'am I must leave you, for I cannot look at you, and you cannot look at me with any comfort after this" - I said, "Then do so;" she said, "I do not like to leave you without a servant " - I said,"That is of no consequence, I had rather you would go; I am sure you must have taken the note" - she said, "I assure you I have not seen it;" I said, "You are too deep for me" - she said she had not taken it, but if so I should never see it; I had not said it would be better or worse for her to say any thing, for at first I hardly expected she was the thief; she left that evening - I paid her her wages.
JANE MANN . I am the prosecutrix's daughter. On the 6th of November I remember Mr. Short being in the shop; he brought a 20l. Bank-note - I endorsed it; I had seen it given to my mother, who gave it to me to endorse, which I did; I saw her put it into the pocket-book, and put it into the desk.
JOSHUA FREEMAN . I am an inspector of notes at the Bank of England. I have a 20l. note, paid into the Bank on the 17th of November, by Rogers and Co., bankers, with a number of others; I have brought it from the library where we put notes after they are paid - I have made an extract from the Bank book, which states it to have been paid in there on the 17th of November; that book is not kept by me.
CHARLES WADE . I am a linen-draper, and live with my brother, William Henry Wade , No. 2, High-street, Deptford. I know the prisoner; I saw her at my brother's shop on the 15th or 16th of November - I never saw her before; I am certain she is the woman - she purchased goods amounting to 3l. 5s. 6d, and paid me a 20l. note; I gave her change, and asked her name - she said, Jane Rayden, but I wrote on it "Mrs. Rayden;" this is the note she gave me - Mrs. Rayden is written here in my hand-writing; I think it was on a Saturday or Friday - she was apprehended on the Monday after that; I cannot say what date it was; my memory is not very good, but I am certain of her person - I cannot say how long it was before she was apprehended; she came to the shop again the next day or the next day but one, and that is how the mistaken as arisen about the date; I am certain of the note.
MRS. MANN. The parlour is part of the dwelling-house- I swear this note is ours; I know it by the endorsement, and here are the intials T. M. at the back, which we always make on notes; the T.M. is my daughter's writing: Shaw's name is also on it, in her writing - I saw her write it when she received it.
Prisoner. Q. Did you not tell me, down in the parlour, that you did not know whether you put the note into the pocket-book or no, as there was a cheque with it? A. I did not - there was a cheque with it, which was left - that and the note were rolled up together, and put into the pocket-book and into the desk; I did not say I did not know whether I had put it into the pocketbook or the desk, or any such thing - I said, as there was a cheque with it, it could not drop out without the cheque dropping also.
Prisoner. Mistress said she did not know the number of the note. Witness. No, I do not; I said I should stop the note at the Bank, and should be sure to find the thief, and she said, "I hope you will."
JANE MANN. This is the note my mother received from Mr. Shaw; I have written " Shaw, T. M. 30," on it, by which I know it - it is the note she put into the pocketbook and into the desk.
Prisoner's Defence. I did not take it out of any desk whatever.
[Dec. 10.] GUILTY - DEATH . Aged 23.
Before Mr. Justice Alderson.
11. THOMAS RICHARD WHITE and HENRY COTTON were indicted for feloniously breaking and entering the dwelling-house of Joseph Grieves , on the 3rd of November , at St. Luke, Chelsea, and stealing therein 2 hams, value 20s., and 1 knife, value 6d., his property .
ANN GARDINER. I am servant to Mr. Joseph Grieves , who lives in the parish of St. Luke. Chelsea . On Wednesday night, the 3rd of November, I was the last person up - I fastened every door but the wash-house, and that was fastened by Marlow; I got up first next morning, found the wash-house door open, and all the things out of their places - the glass of the wash-house window was also cut out; a hand could then be put through to remove the bar from the door, which was done - I went and gave an alarm; I missed two hams and a knife from the wash-house - I found them at Queen-square, and knew them; the wash-house communicates with the dwelling-house - a door leads from one to the other.
ALEXANDER MARLOW . I fastened the wash-house door on Wednesday night, the 3rd of November, about eight o'clock - I put the bar across it, as the servant used to do; I tried to lock it, but could not - the window was whole then, and in the morning I found it broken; a person could put his arm through, and take the bar down - I know the prisoner White; he lives near the place - I saw the hams on the wash-house floor that night; I lifted them up, and put them on the copper.
HENRY PEGLER . I am a Policeman. On the 3rd of November I was on duty from twelve o'clock to six - I saw both the prisoners together, with two hams; Cotton, who had them in his possession, laid them on the ground; he passed me - I suppose they saw me, or they would not have laid the hams down - I took White in Frederick's-place; he was asking for a candle or something - I secured him; he said he did not know what it was for - I took the hams to the station with him; I have had them ever since, and produce them - I and Campbell took Cotton the same evening, a few minutes after nine o'clock; he was in bed - I took him to the station-house.
SAMSON DARKIN CAMPBELL . I assisted in taking Cotton on the evening of the 4th; White had been given into my custody at the station that morning - I found a knife on him, with fat of ham on it, and his hands smelt very strong of the grease of ham.
White's Defence. On Thursday morning, the 4th of November, I was in bed, and about four o'clock a man came into my father's yard, and said the timber was adrift- my father being ill, I got up, and attended to it; I went back, and after going out I went round the square, and met this young man - he asked the time; I told him, then went to the chandler's shop, and asked for a candle - the Policeman came and took me - he took a knife from me, which I had had four months, and it was all over rust; I had taken it the day before to cut a rope - I am quite innocent.
Cotton's Defence. I was looking for work about a quarter-past five o'clock, and met the Policeman - he told me to go about my business, and at night he came and took me; he said he saw me drop the hams, which he could not see, unless he looked through the houses.
WHITE - GUILTY - DEATH . Aged 19.
COTTON - GUILTY - DEATH . Aged 16.[Dec. 10.]
Second Middlesex Jury, before Mr. Baron Vaughan.
12. JOHN THOMAS WILKINS was indicted for stealing, on the 23rd of August , at St. Marylebone, 4 silver spoons, value 30s.; 1 silver fork, value 10s.; 1 snuff-box, value 30s.; 1 scarf, value 2l.; 1 gold pin, value 3s.; 1 pair of ear-rings, value 6s.; 1 comb, value 2s.; 2 silver salts, value 12s.; 1 gold chain, value 30s.; 1 ring, value 1l.; 2 seals, value 30s.; 2 sovereigns, 12 shillings, and three 5l. Bank notes, the property of John Lewer , in his dwelling-house .
JOHN LEWER. I live at No. 52, Augustus-street, Regent's-park , and am a hair-dresser . I know the prisoner; I left my house on the 21st of August, and went to Reading - I left my wife at home; I have no family - I was not at home at the time of the robbery.
WILLIAM LEWER . I am the prosecutor's brother. On the 23rd of August I called at his house, between ten and eleven o'clock in the morning - he then lived in Earl-street, Lisson-grove, Paddington, in the parish of St. Marylebone - he has since removed; I saw the prisoner and his mother there - she let me in, and Mrs. John Lewer was there: I went into the kitchen, which is on the ground floor, behind the parlour; I saw Mrs. Lewer place her pocket-book on the dresser - she was taken ill, and went into the parlour; we all followed her into the parlour except the prisoner, who was left behind in the kitchen; while we were in the parlour I heard a rattling of money - I immediately called to the prisoner's brother, Charles Wilkins, and informed him; the prisoner was not present - I went into the kitchen directly, and the prisoner appeared very much confused; he was in the act of closing the pocket-book - I said nothing to him, but went to his brother in the parlour, leaving him in the kitchen; this was about twelve o'clock- I went away between two and three; the prisoner and his brother said they were going part of my way, and went as far as the Yorkshire Stingo with me; I bade them good bye, and went home - the prisoner was never out of the kitchen, to my knowledge, during the whole time he was there.
ANN LEWER . I am the prosecutor's wife. The prisoner was at our house on the 23rd of August, with his brother and my husband's brother - he came between ten and eleven o'clock; I left my pocket-book on the dresser, as I generally do - the prisoner was in the kitchen at the time; I was taken ill with a bleeding at the nose, which I am subject to, and went into the parlour - there were three sovereigns, two crowns, and two half-crowns in the pocketbook - the silver on one side, and the gold on the other; I remained is the parlour till the prisoner came back again to the house, which was between four and five o'clock - I had not gone into the kitchen till I went to have tea; I had seen the prisoner, his brother, and my husband's brother go away together; the prisoner came back between four and five o'clock - he came into the parlour where I was; I did not know he was in the house - I was a good deal recovered then, and said, "John, why I am astonished to see you come back - I asked you to stop, and you would not; what has brought you back again? you went with your brother, and my brother-in-law;" he seemed confused, and sat on the sofa with his hat on - he said, "Ann, my bowels have been had, and I have been in the yard;" I asked him to have some tea, but he would not stop - he kissed me, and bade me good bye; I never saw him again till he was apprehended; the first thing I missed was a tea-spoon out of a tureen on the dresser, when I went to look for it for tea, but when the milk came I opened my pocket-book, and missed two sovereigns, two crowns, and two half-crowns - one sovereign and one half-crown were left; I went to bed very early - I opened my drawer where I keep my things, and missed three silver table-spoons, a silver fork, a gold chain, a silver salt, two gold seals, a gold ring with a rose diamond, a gold eye-glass, a tortoiseshell pocket-comb, a gold pin, a pair of gold ear-rings, three 5l. Bank notes, and a silver snuff-box - they were all in the drawer, which was locked, and I found it still locked; there was no appearance of violence on it, but my keys hung up on a nail in the kitchen, in sight; I also missed a silk scarf and a yellow silk shawl from other drawers, and a pincushion - I immediately went to find the prisoner out, and his brother and my brother-in-law also, as they were all together; I could not find the prisoner, but saw his brother, who declared he knew nothing about it - we had his apartment searched, and his mother's, but found nothing; I advertised the property, and in about nine weeks I saw at Queen-square, the table-spoons, silver fork, snuff-box, pincushion, scarf, and tortoisesbell comb.
JOHN BARNET NEALE . I am a pawnbroker, and live in Union-street, Borough: I know nothing of the prisoner. On the 20th of September a silver salt and snuff-box were pawned, on the 21st three table-spoons, and on the 27th a silver fork - they were all pawned by a person named Pound, whom I have known for years; I had no suspicion of her - I knew they were not her property, from her circumstances; I asked her the usual questions about them: I manage the business for Mr. Phillimore.
SARAH POUND . I live at No. 45, Parker-street, Borough. I am not acquainted with the prisoner, but I pawned these articles for him at Mr. Phillimore's; I cannot recollect the day of the month - I pawned the silver fork, the snuff-box, and three table-spoons; I am quite sure I received them from him, and gave him the money and the duplicates.
JOSEPH WILKINS . I am a Policeman. I searched the prisoner's lodgings, near the Blind school, at Lambeth, and found the pincushion - he was present, and endeavoured to wrench it from my hand; I then searched, and found two receipts for coals - when I went into his room I asked if he knew Lisson-grove; he said he did not - I asked if he knew Mr. Lewer of Lisson-grove; he said he did not - I showed him the Hue and Cry, and said."I am sure you are the man, for here you are described;" and I knew him before, having bad him in custody - he said he had very important business to transact, and could not go with me; I said he must, and put the handcuffs on, but he said he
ANN LEWER . This is my pin-cushion - it has the chain-pier at Brighton on it; these are my ear-rings - this tortoiseshell-comb, scarf, snuff-box, table-spoon, fork, and salt-seller, are all mine; the property is worth near 30l. without the money - the prisoner is no relation of mine; I have been brought up with him, and looked on him as a brother almost, and have been very kind to him - my house is in the parish of St. Marylebone; I have seen the notes at the Bank - I am certain they were in the drawer.
Prisoner's Defence (written.) My Lord and Gentlemen of the Jury, - I am now called upon for my defence for the crime of which I stand indicted for at this bar, but before I enter fully on the subject of my defence, I trust your Lordship and Gentletlemen of the Jury will pardon all such observation I feel induced to make, standing at the bar in my present critical situation. My Lord and Gentlemen of the Jury, you are now in possession of the evidence, pro and con, but when you turn your eyes round, and view an own sister giving evidence against her brother, where she is the sole instrument of crime herself, becomes an unnatural feeling, and presses hard within my own bosom, when it becomes my duty to open the eyes of an open Court of Justice - the scene and lif of a sister, whose situation of life, at this present moment, ought to place her character without blemish or impunity, but when I reverse the scene, its nought but a real dissipated life; her character, from the nearest tie of nature, cannot rebnt my testimony - still, at the same moment I consider myself too much of a man to throw any blast on the character of an individual for the sake of public justice, or to screen the action of guilt. On the 5th of November, 1830, I was apprehended, and fully committed on the charge as per indictment; the property found in pledge undoubtedly belonged to my sister and brother-in-law, but was given to me by my sister in order to pledge, she not having the money I solicited of her at the present moment; here I became fully committed, consequently, my Lord and Gentlemen of the Jury, you being in full possession of the evidence on trial, with fortitude and resignation I await a verdict from a Jury of my country.
Prisoner. What she has said is quite false.
[Dec. 10.] GUILTY - DEATH . Aged 26.
Third Middlesex Jury, before Mr. Justice Alderson.
SECOND COUNT, for killing the said sheep, with intent to steal the carcase.
WILLIAM COOPER. I live in the parish of Heston, in the County of Middlesex , near Hounslow - I am a labourer, and keep a few sheep . On the 4th of December I had one hundred and two sheep, at ten o'clock in the morning, when I counted them; they were on Mr. Essex's land, at Acton - I count them every morning, and next morning on counting them, I missed one; I looked about, and about ten yards from the hurdles I found marks of a sheep having laid down and struggled - there was no blood; I traced the sheep right up the field, and there it had been laid down and its entrails taken out, at the upper end of the field, in the ditch; I found its entrails and one kidney there - it appeared to me as if it had been opened alive; there was some blood, and I traced footmarks right up the field with a tipped toe, and four nails inside the heel of the shoe - inside the tip there stood four square nails; it was a turnip field, and ploughed ground; I traced the man's feet on the ground - Michael Baker afterwards measured the same foot-marks; I showed them to him - I went to the bakehouse, and from there to the Magistrate; I went with a warrant to the prisoner's house, about three o'clock - I found in a cupboard, or kind of coal-hole, under the stairs, a sheep's pluck hanging up; I then found a bag in the same cupboard, and in that was a sheep's skin cut into a great many pieces - I found my own mark on one of the pieces; that was a C. - the prisoner then went up stairs; I told the constable to follow him, and called out, "Here is my sheep skin, I will swear to it, take him into custody" - the constable called out."Here is the meat," and in a pan up stairs we found all the sheep, except the shoulder and head; it was pieces of mutton - we found no kidney, except what I found in the field; the prisoner was at home when we first went there - he did not object to our searching; the constable was with me - he was taken into custody; we took the skin, and meat before the Magistrate- Baker has had possession of the skin; the prisoner is a labourer, and works for Mr. Irons, at Heston - I knew him before very well; he has a wife and two children.
MICHAEL BAKER . I am a constable and shoemaker. I was present when the prisoner's house was searched - the prosecutor's account of what was found is exactly correct; I went with him to look at the feot-marks in the field, and took the exact dimensions of their length - there were marks of four nails exactly in the centre of the heel; I told Mr. Trimmer, the Magistrate, of this, and the prisoner's shoes were lifted up; the dimensions exactly corresponded, and there were four nails exactly in the same place, on the heel - I have the pieces of the skin; when found it was nearly warm, as if recently killed; I also found in the house this cord and apron, both all over blood and wet, as if they had tied the sheep - they were wet when I found them; his shoes appeared to be nearly a new pair.
WILLIAM COOPER . Here is my mark on the skin - it is the skin of the sheep I lost: the mark was C. in a jagged wheel, but the jagged wheel was apparently cut off - the 4th of December was on a Saturday.
JOHN HOW . I am a labourer - the prisoner works at the same place as me. On Saturday night, the 4th of December, we were paid together, and came away from master's together; he turned into a gate for a necessary purpose, as he said - I did not see him any more that evening; I parted from him about a quarter of a mile from the field where the prosecutor's sheep were.
Prisoner's Defence. I left that young man for a necessary purpose - I ran after him to overtake him; there was a man before me with a parcel - he threw it down,
[Dec. 11.] GUILTY - DEATH . Aged 24.
OLD COURT. THURSDAY, DECEMBER 9.
First Middlesex Jury, before Mr. Baron Vaughan.
15. MARY SPENCE was indicted for stealing, on the 8th of November , 1 cloak, value 2l.; 1 silk dress, value 2l.; 1 cotton dress, value 8s.; 1 bonnet, value 7s.; 1 apron, value 1s., and 1 scarf, value 4s., the goods of Mary Ann Forster , in the dwelling-house of John Sherwin .
MARY ANN HOLMAN . I live at Millbank-street, Westminster ; my uncle, John Sherwin , occupies the house; the prisoner was servant to Mrs. Hirsch, who lodged on the first floor - she lived there about a fortnight. I left the house on Monday, the 8th of November, about twelve o'clock in the morning, to go to Clapham; I left a bombazeen dress and a white cotton petticoat in my bed-room cupboard, which was shut, but not locked - I returned on Saturday, the 13th; the prisoner had left the service on the 9th; on my return, in consequence of what my cousin told me, I searched, and my property was gone- it was worth about 1l.; they were found on her person when she was taken - I saw them on her person at the watch-house, on the 17th, about half-past ten o'clock at night.
MARY ANN FOSTER . I live at No. 19, Millbank-street, in Sherwin's house. The prisoner left on the 9th of November - I do not know why she left; I went up stairs on the 11th, at night, and missed a claret cloth cloak, which I gave 2l. for, and had scarcely worn; I also missed a black silk bonnet, worth 7s. - they were in my cupboard; I opened my drawer, and missed a silk dress, worth 2l. - I gave that for it, and only wore it two or three times - also a buff cotton dress, worth 8s., which has not been found; a black gauze scarf, worth 4s., and a white linen apron, worth 1s. - they were all in the drawers; I had seen them three or four days before she went away - I was very unwell at the time - I have seen every thing since at the office, except the cotton gown, in the prisoner's presence, and am sure they are the same.
ANN HIRSCH . I live in Millbank-street - my husband is an officer of the Court of Chancery. The prisoner had been a fortnight in our service, and left without notice on the 9th of November, at night; I paid her weekly, and paid her on Monday - her week would have been up on the Saturday following.
DAVID PHILLIPS . I am a Policeman. On the 15th of November I was in Queen-square - Holman gave me information, and from her description, on the 16th, at night, I apprehended the prisoner, walking with a girl of the town in Tothill-street, at a quarter-past ten o'clock, about a quarter of a mile from Millbank-street; I stopped her, and asked her name, which she refused to give - I said I should lock her up till I went to Millbank-street; she then said, "What will they do with me?" I then asked where she lived - she said at No. 23, Great Almonry; I took her there, and found in the room she took me to, in a bundle under the bed, all the property except a cotton dress - I had said if she would produce the property it would be better for her.(Property produced and sworn to.)
GUILTY of stealing to the value of 99s. only . Aged 16.
Transported for Seven Years .
Before Mr. Justice Littledale.
WILLIAM HORNE. I am a watchmaker , and live in Ratcliff-highway, in the parish of St. George's in the East , On Saturday, the 30th of October, from half-past ten to eleven o'clock at night, I was standing behind the counter, and heard a pane of glass break; I ran round the counter, and the window was broken - I ran out, and on getting a few yards beyond the broken pane, the prisoner turned round and said, "I am the man that did it - here is the watch;" holding it out in his hand - I had said nothing whatever to him; I directly led him back to the pane of glass - a Policeman came up, and I gave him in charge; I know the watch to be my own; I had seen it in the window in the course of the day - I delivered it up at the Police-station.
Cross-examined by MR. CLARKSON. Q. Do you know Mr. White, who keeps a shop near yours? A. Yes, nearly opposite; the Bell public-house is next door but one to me- I did not perceive that the prisoner was intoxicated; he might have been so without my observing it - the sound I heard was more like a person falling against the window, than it being starred; I have a show-glass, and the inside pane of that was also broken; the watch could have been
COURT. Q. The show-glass was broken? A. Yes - the watches hung between the window and the windowsash, which is only to keep the dust from the goods, and slides; the space between the two sashes is about fifteen inches - the outer window being broken would be sufficient to get the goods; they were both broken at the same time.
GEORGE FREEMAN . I am a Policeman. I was on duty on the 30th of October in Ratcliff-highway, at half-past ten o'clock, and heard a rattling of glass - I was ten yards from the spot; I ran down as fast as I could, and when I came up to Horne's window, he had the prisoner by the collar; I saw the watch in the prisoner's right-hand - he delivered it to Mr. Horne, who gave him in charge; I took him to the watch-house - Horne brought the watch to the station, and delivered it to serjeant Morgan, who gave it to me - on the road to the watch-house I asked the prisoner the reason he did such a barefaced trick as to break a window in that kind of way; I did not make him either threat or promise- he said he had done what he meant - that he meant to break the window and take the watch, but did not say for what reason.
Cross-examined. Q. Were you there at the beginning of it? A. I did not see him break the window - I heard the glass rattle; he did not appear the least in liquor when I took him to the watch-house; I swear that from his conversation, and his walking so quietly with me all the way; he never resisted in the least - he was in my care for I suppose a quarter of an hour, while I was taking him to the watch-house, and did not appear the least intoxicated, while in my care; nobody was present when I had this conversation with him - the prosecutor did not accompany us to the watch-house; he said he meant to break the window and take the watch, but did not say whether he meant to thieve it, or to do it out of spite, or what.
Q. Are you sure he did not say he meant to break the window, but not to break the watch? A. No, he said to break the window and take the watch - he did not speak loud; I cannot swear he had not drank any thing, but he appeared to be sober while walking with me.
WILLIAM HORNE . This is my watch, and hung in my window; I had never seen the prisoner before to my knowledge: I did not know his father then, but his mother used my shop - I never quarrelled with her; the price of the watch is 4/. 10s.
Cross-examined. Q. I suppose you had property of more value exposed in your window? A. This was the highest priced watch; there were other goods there - the officer came up in a minute; the prisoner was standing on the pavement - I never saw him on the ground, nor did I see him get up.
Prisoner's Defence. I was intoxicated at the time, and as I passed the shop I slipped by some means, and fell with my arm in; I suppose by some means the wrist of my coat must have got entangled with the watch; I found it in my possession - I just went to the door and delivered it to Mr. Horne - I do not recollect whether he was outside the door or not.
THOMAS WHITE . I keep a shop nearly opposite Mr. Horne, in Ratcliffe-highway, and am a grocer and cheesemonger. I was standing on the curb-stone, opposite my window, looking at Mr. Horne's window, and saw the prisoner walking on Mr. Horne's side - he appeared very intoxicated, from the way he fell into the window; he made a sudden stagger and went right up against Mr. Horne's brass bar, which protects the window, with his elbow and arms through the glass - he recovered himself and went about half a yard, or nearly a yard, and stood there till Horne came out to him - I went across in about five minutes, and it was said the young man had got the watch in his hand, and I made some observation; I had seen the prisoner several times - his mother is a neighbour; I have been acquainted with her these six years - as far as I could judge this was accidental; there was time for him to have got away if he was disposed, but he stood turning his face towards Horn's window - when I crossed over he appeared quite stupid and senseless, that might have been seen by any body.
THOMAS PURVIS . I live next door to Mr. Horne. I was standing in my shop, and heard the crash of the broken glass - I ran to the door; some persons were collected, but not a great many - I saw the prisoner among others; he was extending the watch in his hand, saying,"I am the man, I am the man," repeatedly, and he went on towards Mr. Horne's door immediately, and very eagerly returned Mr. Horne's watch - his conduct appeared very strange to me; I should rather have taken him almost for a madman from the way he spoke - he did not appear in possession of his faculties, far from it.
SARAH PURSER. I am bar-maid at the Bell, at the corner of Ratcliffe-highway, one door from Mr. Horne's. On the evening of the 30th of October, the prisoner came into the house between nine and ten o'clock - he was drunk then; he had half a glass of gin at our house - his mother came and took the rest away from him.
NOT GUILTY .
Before Mr. Baron Vaughan.
GEORGE SPENCE . I am shopman to Mr. Roope, linen-draper , of Sloane-street, Chelsea . I have seen the prisoner several times in our shop. On the 23rd of November, between four and five o'clock in the afternoon, she came in and requested to be shown some silks, which I showed her - she purchased two yards, eight or nine yards of merino, and two or three of calico, which came to about 14s.; there were other articles on the counter - the shop was crowded with customers; while I was showing the silks I saw her putting something under her cloak - I then noticed her more particularly, andCharles Roope .
Cross-examined by MR. PHILLIPS. Q. Was your master up stairs when she was brought up? A. He went up with her - he is not here.
Q. Did she not say she got the silk from a person whom she named, to make up into cloaks? A. Yes, or other articles - I forget which; the name was something like Berkinson - I did not state this because it was not necessary, as I am positive the silk is ours; we have a private mark on it - I put my name on it after it was found, but do not recollect putting a private mark after it was found; I will not swear I did not, but swear there was a private mark on it before - the selling mark was on it before she took it I am sure; I think somebody at the office told me it was necessary to put my name or some mark on it - I put my name, but cannot recollect whether I put a mark; I did not go up stairs with the prisoner myself - there is nobody here who heard her say she would pay for it; she made the offer to my master, but not in my presence - she is a dress-maker; seven people were serving in our shop.
EDMUND FLAHERTY . I am a Policeman. I was fetched to the shop between four and five o'clock in the afternoon, and saw the prisoner up stairs with Mr. Roope- this piece of silk laid on the table before them, when I went into the room; the prisoner said she did not take the silk in the act of stealing, and begged Mr. Roope not to give her into custody - I took her, and in the way to the watch-house she said she got it from another young man who was at a shop at Knightsbridge; she did not know whether he was at Knightsbridge now, or in some part of Holborn - she mentioned his name, but I cannot recollect it; I told her I would go to Holborn to inquire after him at every shop there - she then said he might be in some part of the City; she said she had it that afternoon from him - she did not say he kept a shop, but that she often made up things for him; I asked if she had any thing in her house then, to see if she could find him out by - she said not.
Cross-examined. Q. Did she not say she was to make it into cloaks? A. Not in my presence till she got to Queen-square - the name was Berkinstall; I went to her lodging, found she was a dress-maker, and found pieces of silk there.
COURT. Q. Where did she live? A. At Walhamgreen, three or four miles from the prosecutor's.
GEORGE SPENCE . I saw this silk before she came into the shop - it laid on the counter before she came in; here is the private mark - three strokes stand for 3s., the cost price, and "fawn brown gros de Naples vg - t," which is 3s. 6d., the selling price; that is in the hand-writing of James Davie, who manages our silk department, and here is "Miss Townsend" written on it in pencil in his hand-writing - she wanted a match; I positively swear it belongs to my master.
Cross-examined. Q. Did you tell the Magistrate it laid on the counter before she came in? A. Yes - I do not recollect when I saw it last, but know I had seen it on the counter.
Q. On your oath did you tell the Magistrate you had seen it on the counter before she came in? A. I did not - I was asked when I had seen it last, and did not recollect, but I since recollect seeing it on the counter; I believe I said I might have seen it that day or two days before - I have talked this over with the other shopmen, but it is not from what they said that I now swear I saw it before.
COURT. Q. Do you swear you yourself observed the private mark on it before the prisoner was apprehended? A. I do - I had seen the silk so often with the mark on it.
MR. PHILLIPS. Q. How came you not to be able to tell the Magistrate it was on the counter? A. I did not recollect it so well then, but on the young men explaining to me, I now recollect perfectly well seeing it - I did not like to give rash evidence, and said I had seen it within two or three days; I thought that better than to particularize any time - I did not then recollect seeing it on the counter.
Prisoner's Defence. He told the Magistrate he did not recollect seeing it after it was on the shelf.
JOHN SMITH . I am the prisoner's first cousin. I know Berkinstall, he lived at a shop at Knightsbridge; I have endeavoured to find him, but cannot - he employed the prisoner at times to make up dresses; he came to her at Richmond to make up three dresses - she is a married woman.
NOT GUILTY .
First London Jury, Before Mr. Recorder.
JOHN PLATFORD. I am a linen-draper , and live in Crown-street, Finsbury . The prisoner was a stranger to me - I did not see her in my shop; on Monday, the 1st of November, about ten o'clock, I lost this gingham out of my shop - it was kept opposite the door, but more than three feet from it; a person must come in to take it - I had seen it safe about seven minutes before; nobody was in the shop when I missed it - the officer came next morn
CHARLES HIGGINS . I am a watchman of Bishopegate-street. On the 1st of November I saw the prisoner come out of Half Moon-alley, alone, and cross Bishopsgate-street, with a roll of something, between half-past ten and a quarter to eleven o'clock - I stopped her, and asked where she got what she had; she said it was her own - I took her to the watch-house, and gave her to the night-officer - I heard nothing more: she was a stranger to me.
EDWARD PRATT . I was officer of the night. The prisoner was brought in by Higgins with this gingham; I said she had better tell where she got it - I saw the prosecutor next morning, and showed him the pattern; he afterwards saw the whole at the watch-house, and claimed it- he afterwards claimed it in her presence at the Mansion-house.(Property produced and sworn to.)
GUILTY . Aged 59. - Confined One Year .
GEORGE WILSON . I am a wine-merchant , and live on Holborn-hill. On the 22nd of November, about a quarter to seven o'clock in the evening, I was in Cursitor-street -I had put my handkerchief into my pocket not two minutes before; I was going to New court - I felt a hand behind me; I put my hand down, and missed my handkerchief, which was safe two minutes before; the prisoner was passing on my left hand, and I collared him, for there was nobody else either before or behind me for twenty yards - I charged him with picking my pocket; he denied it - I said I had my handkerchief not two minutes before; it was silk - Mrs. Wilson, who was with me, picked it up close behind me; I asked his address - he gave me two false addresses, and while I was asking his address he kicked me in the shin, cut my fingers, tripped me up, and tore my clothes; he hurt me very much.
ELIZA WILSON . I am the prosecutor's wife. I picked up my husband's handkerchief a very little distance from him; I did not observe any body near him but the person he had seized - I cannot identify his person; a crowd afterwards collected, and I did not see my husband ill-used- he was thrown down; his fingers and skin were cut -I know the handkerchief to be his.
ABRAHAM COLEY . I am an officer. I was called to take the prisoner in Castle-yard, close to Cursitor-street; the handkerchief was delivered to me - I have kept it ever since; Mr. Wilson appeared a good deal hurt, and his fingers were bleeding.(Property produced and sworn to.)
Prisoner's Defence (written.) On the evening in question I was going to Chelsea, by my master's order, to escort a respectable female home; a disturbance took place in the street - I went to see the cause, and had not left the female a moment before I was apprehended.
JOHN PORTER . I am a printer, live in Britannia street, City-road. The prisoner was in my employ - I d not exactly know where he lived; printers usually leave work at eight o'clock, but I gave him leave to go about six o'clock that night, to see his cousin home.
ELIZABETH DAVIS . I am the prisoner's cousin, and he went to see me home from his master's house to Sloane-street, Chelsea - we were going through Fetter-lane, when the disturbance arose; we had left his master's in Britannia-street about a quarter-past six o'clock - we did not go along Cursitor-street, but through Fetter-lane; he heard a noise in Fetter-lane, and left me to go and see what was the matter - the noise was up Norwich-court - I did not go with him, as he said he would not stay a minute; I waited in the street - I saw no more of him, and went home alone- what he did after he left me I cannot tell; his friends came next day to tell me he was in prison.
GUILTY . Aged 19. - Transported for Life .
MR. CARRINGTON conducted the prosecution.
ROBERT NICOLL . I am an attorney and solicitor , and live in Queen-street, Cheapside . The prisoner was in my service as copying clerk - he had 30s. a week; he had been in my service alone for about three years, and was formerly with myself and my late partner, Mr. Steel, who died in February, 1827; he kept my petty cash, and always charged his salary in his disbursements - there was nothing due to him; when he said he wanted money I asked him how much - he would say 10l. or 15l., and I gave him a cheque for it. (Looking at a cheque upon the Bank of England, for 10l., signed Robert Nicoll , dated the 3rd of July, 1828) this is my cheque, and has been charged to my account at the Bank; Joseph Kemp is written on the back of it, in the prisoner's hand-writing- here is another cheque, dated the 17th of October, 1828, for 15l. - I gave that to the prisoner on the 17th of October; his name is endorsed on it, and it is payable to him - the Bank have charged me with it: here is another for 10l., dated the 15th of December, payable to him - I gave him that, and his name is on the back, in his own handwriting; the whole of this book (producing it) is in the prisoner's hand-writing - it is the book in which he entered the small payments he made for me; he added them up every week, including his salary, and on Saturdays he went to the other end of the book, where there is a cash account; on one side he debited to me for the payments, and it was his duty on the other side to give me credit for these cheques. On the 3rd of July, 1828, there is no entry on the credit side - on the 17th of October there is 5l. entered- it has been 15l.; the figure I is evidently scratched out, and the adding up at the bottom only reckons it as 5l.; on the 15th of December, 1828, there is no entry at all - the sum cast up is correct according to the entry.
Q. By comparing the other cheques with the entries do you find they are not entered to any other date? A. They are not accounted for in any place whatever - on the 23rd of October, this year, I determined to charge the prisoner with this offence; I had discovered it only a day or two before - I did not hold out either threat or promise to him; I took the book which he kept in my hand, and asked if he was aware of the omissions he had made in the sums in my account; he said, "No, I may have omitted by mistake to give credit for a sum;" I said, "Did you by mistake also
Cross-examined by MR. PHILLIPS. Q. He did not say whether he had spent it in your concerns, or his own? A. I asked how he had spent it - he said he supposed it must be in supporting his father and mother; I did not recollect that before, and there may be many other things I do not think of - he has been in my employ since the 25th of March, 1824.
Q. Your sons, I understand, are grown up, and able to fill his situation? A. No, I have no sons - I have nephews; he was only a copying clerk - I trusted him with my money, but not to do business for my clients; I made an entry in my book every time I paid him money - he kept his own accounts; I checked the disbursements every week; the running account should have been settled at the end of each year, but I did not settle it, nor appoint any body to do it - he added them up at the end of the year; I can tell they are not right, by comparing my own book with his, which I have done - I have compared a great many items in his presence; he balanced the accounts every year, but unfortunately I did not examine them with his - I have since examined his book; I produced the books to him in my office, and asked if he could explain them - he said No; Mr. Ainger was present - he represents himself to be a single man, and I believe he is so; his book stood open in the room he sat in - it was open to every body; I believed him honest, and must take blame to myself for not checking his book with him every year - I might have done it every week for what he knew; I contented myself with examining the disbursements - an omission may have taken place without culpability; his name is on the back of every cheque, which intimates that he has received the money - it is the custom of the Bank of England to require it; one of the cheques is dated the 15th of December - I am obliged to select any three that happen to come together; I have three others in this year - the cheques do not return to me except when I have my book made up; I might not have it made up till a good deal of 1829 had passed, but I cannot say when it was made up - I did not balance his book at the end of 1828.
Q. Would not your pass-book shew whether the cheque had been received? A. No, the Bank do not enter their cheques with dates and numbers, but merely the name of the page and the sum; I had given the prisoner notice when I discovered this, but he had not left - I did not mean to keep him more than a month, but kept him all the long vacation, that he might not leave without getting a place; he did very little in the long vacation - I produced the cheques before the Magistrate, to show there could be no mistake; I drew one cheque on the 2nd of July, and another on the 3rd - he has credited me for the one on the 2nd, but not on the 3rd; I think a person looking carelessly at the book would not notice the erasure; every body in the office could have access to the book.
COURT. Q. Could it have been the least possible advantage to a stranger to scratch out that figure? A. Not the least, besides it is added up as only five in his figures at the bottom.
A JUROR. Q. Part of these sums are ticked off in the book, but not all, can you explain that? A. That has been done since the prisoner was apprehended; the sums paid him by cheques are checked off for me to look out the cheques - the sum erased is not ticked, that being charged.
SAMUEL DENNIS. I am a clerk in the drawing-office at the Bank. This cheque, dated the 3rd of July, has been through my hands; when a cheque is brought to the Bank it is customary to ask the person to write his name on the back - I recollect the prisoner coming several times, but not presenting any particular cheque; when a person writes his name on it I give him an order on the tellers, if he wants cash - I did so for this cheque; this is the order(looking at it) if he had wanted notes I should have paid them myself.
- FISH. I paid this order - it is entered in my book as paid on the 3rd of July.
Cross-examined. Q. Do you recollect whether you paid it or not? A. I have no distinct recollection of it, but the entry is a sufficient proof to me; I paid it in cash.
MR. PHILLIPS to S. DENNIS. Q. Was there any suspicion about the transaction? A. Certainly not, or I should have inquired about it; the pass-books are made up when required by the parties - the prosecutor's book I find was made up on the 5th of March, 1829; we return the cheques with the book - Mr. Nicoll could have had it made up at any time.
- NORRIS. I am a clerk in the drawing-office. -This cheque, dated the 17th of October, was presented to me; I gave an order on the tellers for it.
- EDWARDS. I am a teller. I paid this order for 10l. in gold.
ALFRED AINGER . I am an architect, and live in Doughty-street - I am related to Mr. Nicoll. On the 23rd of October last I was at his office; the prisoner was there- neither of us held out either threat or promise to him; I walked into the office with Mr. Nicoll, with the book of disbursements and receipts, and stated to Mr. Kemp that he had been looking over all the accounts for some time, and was very much shocked to find there were omissions in the sums he had received, and additions to the sums disbursed - he said he thought there must be some mistake- Mr. Nicoll said, "Then we will go into particulars;" he began at the first error or alteration he had discovered;
Cross-examined. Q. What did you mean by requesting Mr. Nicoll not to worry him? A. It was evidently very unpleasant to him calling over one amount after another: Mr. Nicoll, on the day he first discovered this deficiency, requested me to accompany him to the office next morning - he did not tell me to take notice of what the prisoner said; we are in the habit of talking confidentially about our pursuits - whether the prisoner said, "I admit it, (or) I cannot deny it, (or) it is of no use to deny it," I cannot say; I went to notice the whole proceedings - nothing was said about my being a witness - Mr. Nicoll had not determined on prosecuting: I knew if he did prosecute I should be a witness - Mr. Nicoll's cash-book was on the table; it was the discrepancy between that and the prisoner's book that he called his attention to - the prisoner was given into custody within half an hour; there was no other book required to be produced - I had known for six months that Mr. Nicoll had determined to part with the prisoner.
Q. From 1828 down to November, 1830, if he had been conscious of any fraud, was there any thing to prevent his absconding from the charge? A. Nothing.
MR. CARRINGTON. Q. Did the prisoner apply for the production of any other book whatever? A. Not at all; it appeared to me that all the books connected with the subject were produced.
GUILTY. Aged 35.
Recommended to Mercy on account of the Prosecutor's neglect in not examining his accounts .
Transported for Fourteen Years .
21. GEORGE MARTIN was indicted for stealing, on the 24th of November , 1 pair of decanters, value 2l. 2s. , the goods of Apsley Pellatt ; and JOHN WAGSTAFF was indicted for feloniously receiving the same, well knowing them to have been stolen .
MARTIN pleaded GUILTY . Aged 16.
JOHN ALLSUP. I am agent to Mr. Apsley Pellatt, a glass manufacturer , of St. Paul's church-yard . The prisoner Martin was not in the employ, but was in the habit of coming backwards and forwards two or three times for the last two or three years - he was errand-boy to a workman ; I do not know Wagstaff. On the 24th of November, at twenty minutes or a quarter to eight o'clock, I went into the shop, and had not been there three minutes before I missed two of the richest decanters from the show-board; the wholesale price would be two guineas - they are charged that to me; I called my man, Lock, to inquire of him about them - on the 30th of November Martin was taken up and charged with stealing these two decanters - I saw them that evening, in the shop of Mr. Peachey, of Goswell-street, and knew them again.
Cross-examined by MR. CLARKSON. Q. What is Martin's father? A. I do not know him - I do not think he is a glass-cutter.
THOMAS LOCK . I am servant to Mr. Pellatt. On the 24th of November, about seven o'clock in the morning, I saw Martin at the shop - I knew him well; I did not miss the decanters - inquiry was made about a pair; I afterwards saw them in Peachey's window - they are very rich ones; I had seen Martin go out in the morning with a basket and some straw - I do not know Wagstaff.
DANIEL STEPTO . I am in the employ of Mr. Peachey, and have known Wagstaff two or three years, and knew he belonged to a brass-founder's in our street - he brought these decanters to us for sale on the 24th of November, at half-past eight o'clock in the morning; I received them from him - I asked him if they were his master's property; he had before brought glass decanters to us - he said his master had bought them at Pellatt and Green's sale, and he sold them on his master's account; he asked 24s. for them - I gave him 22s.; they were claimed three or four days after - Wagstaff used to give his master's name as Stodart, but I have found it is Handy: Mr. Peachey buys and sells glass.
Cross-examined. Q. Do you mean that when he brought the decanters you did not know his name as well as his master's? A. Yes; I knew what his name was -I knew the house he came from; it was Handy's a brassfounder's.
COURT. Q. Did you at the time he brought them, know his master's name was Handy? A. Yes, but on account of delicacy, I put them in the name he gave, which is not unusual - I do not know Martin or his father.
ELIZA JANE ALLSUP . I am the daughter of John Allsup . On the 23rd of November, about half-past six o'clock in the evening, I saw these decanters on the show-board in the shop - I know nothing of Wagstaff.
Cross-examined. Q. You probably know Martin? A. He used to bring goods to and fro for his master, who used to get up lamps for Mr. Pellatt - he is not a glasscutter; his name is Moody - I do not know his father; Martin came repeatedly to our shop for things to be repaired, and to bring them home.
JOHN WILLIAM HARRISON . I am a constable. On the 30th of November, I apprehended Martin, at Mr. Moody's Great Sutton-street, Clerkenwell - he denied all knowledge of the charge; I found Wagstaff the same day, at Handy's, a brass-founder, in Goswell-street - I told him I took him on account of receiving some decanters from Mr. Pellatt's shop; he at first denied it - I did not make him any promise or threat; I took him over to Peachey's
Cross-examined. Q. Are you sure you have told us all he said? A. Respecting this indictment I have; he said an hour after that he had received the decanters from Martin to pledge, but never said for Martin's father - he never said on whose account he was to pawn them, or that he supposed them to belong to Martin's father, or that Martin represented his father to be a glass-cutter; I have told you all he said, to the best of my recollection - Lock, the witness, was present; he said that at Mr. Pellatt's - I do not recollect saying that nothing passed till I got him to the Compter; I swear I have not said so - I did not state where the conversation was in my examination in chief, because I was not asked, and that concerns another case; there are other decanters - what he said concerned the case altogether; I did not know whether I had a right to name it - I have seen his father, but do not know his business.
Cross-examined. Q. Did you swear to a pair before the Alderman, and afterwards find you were wrong? A. They are not in this indictment - they did belong to Mr. Pellatt; I made a mistake with regard to them, but nothing else.
Wagstaff. When Martin gave them to me I took them to pawn for 16s. - he said they would lend that; another gentleman came behind the counter and offered me 1l. for them - I said he should have them for 22s.
DANIEL STEPTO. He did ask for 16s. on them in pledge, but another person in our shop took them up and said he would not mind giving 1l. for them - he was very willing to sell them.
MR. CLARKSON. Q. How came you to offer to buy property of a boy who told you his master wished to pawn them for 16s.? A. He left the shop for ten minutes, to consult his master, as he said - he came back and said the money would be of great service to pay a bill; we should have sold them for 30s., as they are not a pair exactly - we could not sell them for two guineas as second-hand.
Wagstaff's Defence. When Harrison took me, he asked if I knew Martin - I denied all knowledge of him, as I never knew him by any name but George; he took me to Peachey's, then to a public-house, found the ticket on me, and said there, if I would confess it would be better for me.
WAGSTAFF - GUILTY . Aged 16.
Both Confined Six Months , and Martin to be Whipped .
NEW COURT. THURSDAY, DECEMBER 9.
Fourth Middlesex Jury - before Mr. Common Sergeant.
GUILTY . Aged 32. - Confined Six Months .
WILLIAM TYLER . I am shopman to Mr. John Grosse, of Tyler's-court, Marlborough-street . On the 19th of November I was in the shop, and observed the hand and arm of a man reaching two brushes from a book about a yard within the door - they were twisted round it; I called several times, "Leave them alone;" I saw them taken from the book, and called my fellow servant to go after him - he went, and brought back the prisoner with these brushes, which are my master's.
GEORGE GAHAGAN . I am a servant to Mr. Grosse. William Tyler called me; I went out, and saw the prisoner running up a court, from the shop, with the brushes and a large bludgeon - I took hold of him, and took the brushes from him; he told me to let him go - I said I would not; he struck at me with his bludgeon - I avoided it by stooping; he then struck me on the shoulder, but I took him with great difficulty - he said before the Magistrate that he took them through distress.
Prisoner's Defence. I had been beating a carpet; I and my partner were carrying it home on this stick - I saw two brushes on the flag stone, and took them up; I carried them twenty yards, when the shopman came, and said they were his; I said he was welcome to them - he was not satisfied, but took me by the neckcloth, and almost throttled me; I said, "Don't do that - I will go any where with you."
MR. TYLER. They were not on the flag, but on the book.
GUILTY . Aged 40. - Transported for Seven Years .
Before Mr. Sergeant Arabin.
24. CHARLES RODEWALD was indicted for stealing, on the 11th of November , 1 pair of trousers, value 1l.; 1 pair of boots, value 18s.; 1 pair of stockings, value 1s., and 1 knife, value 2s. , the goods of John Todd .
JOHN TODD . I am a baker , and live at the Red Lion, Jermyn-street . On the 11th of November the prisoner came there, and slept in another bed; I went to bed first, and left the property stated by the side of the bed - I got up about nine o'clock in the morning; the prisoner was then in bed - I went out, and did not return till night; I then missed my property, and the prisoner was not to be found - I saw him again on the 13th, in Down-street, Piccadilly; I took him to the Red Lion, and desired him to pull off my boots, which were on his feet - the stockings were on his feet also, and the knife was found on his person; he said he had sold the other articles to a Jew for 5s.: he is a groom.
GUILTY . Aged 40. - Confined Three Months .
25. CHARLES SMIRKE was indicted for stealing, on the 18th of November , 1 waistcoat, value 9s.; 1 silk handkerchief, value 1s. 6d.; 1 coat, value 6s.; 1 pin, value 6d.; 1 seal, value 6d,, and 1 key, value 1d. , the goods of Joseph Hill .
THOMAS TAYLOR . I am pot-boy at the Camden's Head, Camden-town. The prisoner came in there and sat down, on the 18th of November - he pulled out this waistcoat from his hat, and offered it me for sale for 3s.; I said I would give him 2s. - I was going away, but he called me back and took the 2s.; I gave the same waistcoat to the officer.
Prisoner. I never saw the coat.
GUILTY . Aged 32. - Transported for Seven Years .
CHARLES DARBY . I am a printer . I was at the top of Bow-street , about seven o'clock in the evening, on the 1st of November - I had a cigar-case in my left coat pocket; I turned, and saw the prisoner putting it into his breast - I took his hand from his breast, and asked him for my cigar-case: he said he had not got it, but I took it from his hand - I gave him in charge.
Prisoner's Defence. I was standing at the corner of the street, and this gentleman charged me with putting my hand in his pocket, which I had not.
GUILTY . Aged 22.
GEORGE TASKER. I am a builder . On the night of the 1st of November, I was at the entrance of the pit of Covent-garden theatre - I had a snuff-box in my left coat pocket; I got out of the crowd, as there were so many persons, and in about a quarter of an hour I missed the snuff-box - the officer showed it me the same evening; it could not have fallen out of my pocket.
GUILTY . Aged 22. - Transported for Life .
MR. CLARKSON conducted the prosecution.
JOHN MEAD . I am constable of Enfield. I received information on the 25th of November, in consequence of which I went with Watkins to the road near Mr. Mellish's farm-yard - about five o'clock the prisoner came up, and we stopped him; he had a bag of wheat at his back, in a basket - this stocking of wheat was round one of his thighs, and this other stocking round the other, and this bag of wheat was tied before him under his smockfrock; we took him to the watch-house - I said I should search him; he said it was of no use, he would give it up, and he did so - I said, "Have you any at home?" he said, "No nothing but a few potatoes;" we went to his house at Ponder's-end, and found about three bushels more of wheat - I have brought a sample of it, and there were eight or nine sacks of potatoes.
CHARLES ROBERT BRADEY . I am bailiff to William Mellish, Esq., of Bush-hill Park . The prisoner was a thresher , and had been threshing wheat that day - I have looked at this wheat, and believe it to be Mr. Mellish's, and likewise that found at the prisoner's house; I have compared them with the bulk at Mr. Mellish's - the prisoner has not worked for any body else for a year and a half.
GUILTY . Aged 29. - Transported for Seven Years .
MR. CLARKSON conducted the prosecution.
BENJAMIN NICHOLAS WILLIAMS . I live at Silver-street, Enfield . On the 30th of November I had two ducks and two drakes in my field and poultry-yard, near my house; I fed them at nine o'clock - I missed them the next day; on the 3rd of December I received information, and saw one duck and one drake before the Magistrate, which were two of mine, and two which I had fed on the 30th of November - I know nothing of the prisoner.
DAVID TAYLOR . I am a labourer, and live at Enfield. On the afternoon of the 1st of December I saw the prisoner at the George - he asked if I would buy a couple of ducks - I said I did not want them; he said he had a couple he would sell me for 3s. - I said, "Are they dead or alive?" he said dead, that they were at his lodging in Baker-street, and he would fetch them; I said, "No, I am going home, and I will call and look at them" - I at last bought them; I gave him 2s., and agreed to give him the other 1s. - the officer came to me directly, and the prisoner was taken.
GUILTY . Aged 24. Transported for Seven Years .
30. WILLIAM HALL was indicted for stealing, on the 17th of November , 1 bed, value 30s.; 4 pillows, value 5s.; 10lbs. weight of feathers, value 10s.; 3 blankets, value 2s.; 5 chairs, value 4s., and one set of fire-irons, value 3s. , the goods of Charles Painter .
MARGARET PAINTER . I am the wife of Charles Painter, a hackney-coachman . We have two rooms in Holland-street, Westminster - our own furniture was in them; our landlord, who lived in the house, put a distress in our rooms for 4l. 3s. for rent, on the 15th of November - the prisoner was the person who made the distress; he first sent a man, and then came himself, levied the distress, and left Collins in possession; the prisoner made an inventory of the goods which my husband has - I went out on the the 16th, leaving the goods in possession; I returned, and they were gone - I should think they were worth full 1l. more than the rent; the things charged in the indictment were part of what were taken away; I saw the bed afterwards - I should think about 10lbs. weight of feathers had been taken from it; I had not said any thing to the prisoner about replevying the things; he asked me if we could settle the rent - I said it was not in our power, but I did not authorize him to sell the goods.
Cross-examined by Mr. PHILLIPS. Q. What rent did you owe? A. 4l. 3s. - I think the goods might have fetched about 1l. more if they had been well sold; I had seen the prisoner before - he had been there twice for money; he did not say that if I would pay 2s. 6d. a day for the man in possession, the goods should be left there till the time for selling them; or that they would be impounded at his residence to save further expence - he said they would not fetch the money, and he would impound them at his house- they were not new goods; I had had one bed about two years, but had not weighed it - when I spoke of 10lbs. of feathers being taken out, it was a mere guess; the prisoner might have sold all the goods if he had chosen.
CHARLES PAINTER . I had the distress in my rooms - the prisoner was the officer; I should think the whole of my goods were worth 20l. to me, but if sold, perhaps they would not fetch above 7l. or 8l.; they were all sold but the articles here produced, which I found at the prisoner's- they were not concealed; these articles were not down in the inventory.
Cross-examined. Q. Did he not give himself up? A. Yes - I called on him the evening before, and he asked if I would take any thing; I did - he had an opportunity of making away with these things; they were at his place for two days - I do not know what the expences would have come to, but the goods he sold amounted to 2l. 5s.
COURT. Q. Would all the goods that were taken have paid the entire rent and expences? A. Yes, they would; I do not know what the expences were - I had not the bill of them; I am 2l. 1s. 6d. in my landlord's debt now - I did see some feathers about the room, and the bed had been cut open; I had not known the prisoner before - I did not know that he had been and dunned my wife.
NOT GUILTY .
31. MARY WATTS and ANN MILLER were indicted for stealing, on the 6th of November : 10 gold seals, value 8l. 16s.; 1 gold chain, value 4l. 13s.; 2 gold keys. value 17s., and 2 gold brooches, value 45s., the goods of William Knight , from his person .
WILLIAM KNIGHT. I am a jeweller , and live in Banner-street. On the 6th of November I went to show a lady some jewellery, at the foot of Stamford-hill; Mr. Powell was with me - I left one gold chain at the lady's house, and brought away the articles stated in the indictment - they were in a parcel in the breast pocket of my coat; I was coming home with Mr. Powell, and we went to have a glass of brandy and water at a public-house near the bridge in the Kingsland-road , kept by Mr. Taplin - it was then about seven o'clock; it rained and blew hard - when we came out the two prisoners stood outside, and they asked my friend to treat them with a drop of gin; we then all went into the house, and each of us had a glass of gin, some ale, a biscuit, and cheese - the whole reckoning came to 1s. 6d., which Mr. Powell paid; we had it standing at the bar - we did not sit down; we came out together - the prisoners, who were strangers, followed us; when we came to the foot of the bridge there was a turning - I crossed, and wished for them to leave us; I had been talking with Watts, and Powell with Miller; all on a sudden Miller came up to me, took hold of my coat, and said, "Come down here, come down here;" Watts was close to her - I resisted and got from her, and when I turned round, to my great surprise, my friend was gone, but the two women were with me; I did not then miss my property, but I got from the prisoners, and proceeded home; when I got to Bunhill - row I missed my property: I went home, called up my son, and we went back to the public-house - Mr. Taplin said he knew one of the girls; the prisoners were taken up before I knew it, and on the Monday following I saw them in custody - I am sure the property was safe when they came to me; I was perfectly sober.
GEORGE WILLIAM POWELL . I went with Mr. Knight to the lady, to show the jewellery - he brought away the articles in his side coat pocket; we met with the prisoners near the bridge in the Kingsland-road - I went away, and left him with the prisoners; I believe this chain to be part of the property - he was sober.
Cross-examined by MR. BARRY. Q. Had you dined with him? A. No - I consider him sober; the prisoners were at the door, and accosted us - we had had three separate glasses of brandy and water at three different houses - I had had something more in the course of the day, and I believe we had a small quantity of spirits at the lady's house; I drank but a very small quantity of the ale - there was a pot of ale ordered and half a pint of gin; I was perfectly sober - the prosecutor did not go out; I cannot tell the distance he had got before he missed his property - it might be a mile.
CHARLES WALLER . I am a Police-officer. I fell in with the two prisoners a little after eight o'clock on Saturday, the 6th of November, in Kingsland-road; and in consequence of what I had heard from a brother officer, I stopped them - I saw a gold chain on Miller's neck; I asked where she got it - she said a gentleman gave it to her; my brother officer took hold of the chain, and it came off:
Cross-examined. Q. Then Miller produced the brooch of her own accord? A. Yes - it was about a quarter of a mile from the place where the robbery is supposed to have been committed; she did not say she had kicked against the parcel, and foolishly put the chain about her neck, instead of inquiring for the owner - she said she had found it - the publican is not here.
JOHN JONES PRICE . I am a pawnbroker, and live in Wentworth-street, Whitechapel. I have a brooch and two small seals, pawned by Watts, on the 6th of November, in the evening - I am quite certain of her person.
Cross-examined. Q. Is there a button to the side pocket of your coat? A. Yes, but it was not buttoned; I had a guinea in that pocket - I had not gone out of the house before the prisoners came to me; I am certain I could not drop this parcel, which contained - lb. of gold, without missing it, but I did not miss it till I got to Bunhill-row; I had no handkerchief in that pocket - I do not recollect stopping in going home; I have no partner.
Watts. He never mentioned about a guinea before; he went out, and left me in care of his umbrella. Witness. That is not true - I had no umbrella, and did not go out.
Miller's Defence. We did not know who these things belonged to; we staid a quarter of an hour in the public-house - the reason I gave three different accounts was because another officer stopped me.
WATTS - GUILTY . Aged 27.
MILLER - GUILTY . Aged 26.
Transported for Life .
GUILTY . Aged 16.
The prisoner receiving a good character, was Fined 1s., and delivered to a gentleman, who engaged to employ him .
DOBSON WILLOUGHBY. I was returning from Westminster on the 20th of November, and in Parliament-street a woman told me the prisoner had picked my pocket; I turned, and saw my handkerchief in his hand - this is it.
Two witnesses gave the prisoner a good character.
GUILTY. Aged 15. - Judgment Respited .
ELIZA GLOVER . I am the wife of Thomas Glover - we keep a haberdasher's shop in High-street, Kensington . On the 6th of November, between two and three o'clock, the prisoner came in, and bought a halfpenny worth of thread- he went out of the shop, and so did I; in about five minutes I saw him again, laying across the counter, with his hand in the till - he ran out; I went to the door, and called Stop thief! he was brought back by a neighbour's shopman - a Policeman was going by on the stage, and he came and took him; we missed 6s. 6d. from the till, which I had seen safe two or three minutes before, when I had given change - I have never seen the money since.
JAMES PARSONS . I am an officer. I locked up the prisoner and two other boys - I heard one of them say if he was committed it would be the first time, and another said it would not be the first time with him.
Prisoner's Defence. I went into the shop, and bought a halfpenny worth of thread - I had not laid on the counter- I turned back when she called, and gave myself up; I had not taken any thing.
GUILTY . Aged 17. - Confined Three Months .
35. THOMAS PEARSON was indicted for stealing, on the 2nd of November , 1 purse, value 2s.; 2 pairs of stockings, value 3s.; 1 handkerchief, value 2s.; 1 card-case, value 1s.; 1 bracelet, value 12s.; 8 sovereigns, 4 half-sovereigns, 9 shillings, and 1 sixpence , the property of Benjamin Collins Brodie , Esq .
MR. PHILLIPS conducted the prosecution.
THOMAS GOODYEAR . I am a Police-constable. On the 2nd of November, His Majesty went to open the Parliament - I saw a chariot standing in Parliament-street ; the prisoner got upon the hind wheel, put his hand into the chariot, and took out this reticule - he put it under his arm, jumped down, and ran away; I took him, and showed the reticule to the ladies in the chariot, who identified it.
BENJAMIN GOODYEAR . I am a shoemaker. On the 2nd of November I was with my brother in Parliament-street, rendering him assistance; when the King went by I saw the prisoner get on the hind wheel of the carriage, and take out this reticule, containing the property stated, which the ladies identified.
MRS. ANN BRODIE . I am the wife of Benjamin Collins Brodie . I know this reticule and its contents to be mine; it has the property stated in it - it was in our carriage, which is an open chariot; we were standing up to look at the King, and this laid on the seat; the officer brought it back to me.
The prisoner handed in a petition for mercy, pleading extreme distress.
GUILTY . Aged 27. - Transported for Seven Years .
CATHERINE RAGAN was indicted for stealing, on the 17th of November , 3 pieces of calico, containing in length 74 yards, value 3l. , the goods of William Stevens .
WALTER McFARLANE . I am in the employ of Mr. William Stevens, a draper . The prisoner came in with another person, on the 17th of November; they asked for a small piece of flannel - I did not serve them, but saw them served; when they were going out I said I was sure that person had something; they had been there about ten minutes, and bought a small piece of flannel and a piece of calico, which came to about 3s. - I pursued, and overtook them about five doors off; I told the prisoner she had something - I brought her back, with the assistance of Mr. Champman, and took this property out of her apron; it was seventy-four yards of calico, three pieces, of different patterns.
Cross-examined by MR. CHURCHILL. Q. How do you know it? A. The mark of our foreman is on it - it had been laying on the counter; there were other goods marked in the same way - I had seen these not a minute before they were taken; we had no other goods of this pattern; they were in the prisoner's apron - the person who was with her had a child: I do not know who took them out; I suspected the prisoner, because she appeared so much more bulky when she went out than when she came in - she was rather intoxicated; I have seen her at the shop before.
GEORGE HUTCHINSON . I took the prisoner at the presecutor's shop; the shopman had taken the goods from her - she acknowledged they were taken from her apron; I found 15s. 11 1/4d. on her, which was returned.
HUSSEY CHAPMAN . I am a shopman to the prosecutor. The prisoner came in with another woman, and I served them; the other woman went out, and then the prisoner -I received some information, and the prisoner was brought back; I saw this property taken from her apron - I had seen it on the counter before; she had not bought it - it is my master's, Mr. William Stevens .
Cross-examined. Q. Do you know any thing of her? A. I know she has a family; she has been to the shop before.
Prisoner's Defence. I went out to be churched, and know nothing about it; the woman did not go in with me.
GUILTY . Aged 25. - Transported for Seven Years .
WILLIAM RADNOR . I am a surgeon . On the 4th of December I was in Brydges-street , returning from the theatre, between twelve and one o'clock; I felt the flap of my coat fall against my thigh - I said, "Some one has taken my handkerchief;" a coachman said the prisoner was the man - he was taken, and my handkerchief found on him.
GEORGE HARRINGTON . I am a hackney-coachman. I saw the prosecutor walking down the street; the prisoner stepped behind him, and took his handkerchief - I pointed him out, and took him into custody; while I had hold of him, and he was saying he had not got it, two gentlemen took it from his pocket.
Prisoner. That man speaks false - I never had it at all on my person.
GUILTY . Aged 20. - Transported for Seven Years .
38. ANN MILIGAN was indicted for stealing, on the 5th of November , 1 pillow, value 4s.; 1 blanket, value 4s.; 2 plates, value 4d.; 2 basins, value 4d.; 2 sheets, value 8d.; 2 knives, value 1s., and 2 forks, value 1s. , the goods of Robert Mecklenburg .
MARY MECKLENBURG . I am the wife of Robert Mecklenburg - he is butler in a family at Bury St. Edmund's. I live in Palace-street . The prisoner came and took a small furnished room, at 5s. a week, three weeks before the 5th of November; I went into the room on the Wednesday, when she had left the key in the door - I then missed the sheets; I went in again on the Saturday, and missed the other articles - she owed me 8s. 6d. for rent; she is single - I do not know how she gets her living; I had never permitted her to pawn or sell any thing.
JOHN HYNDS . I am a Police-officer. On the 7th of November the prosecutrix called me, and stated what she had lost - I told her to call the prisoner down, and she did so; the prisoner stated where they were pawned.
Prisoner. You had no reason to suspect that I meant to leave the lodging, or to rob you. Witness. Yes, I had, you had your bread packed up in your reticule when the officer took you.
Prisoner's Defence. I had just made my tea when she came up and said a person wanted me; I told her of it directly I went down, and said I was in hourly expectation of receiving some money to redeem the things -I had no intention of leaving the place; she knew I was in very great distress for above a week previous to this -I pawned two of these articles after she knew of the sheets being gone, and she never named it to me.
GUILTY. Aged 28.
Recommended to Mercy . - Confined Three Months .
FRANCIS DOBSON . I am shopman to Mr. Thomas Cridland - he lives at Old Brentford . I make his hats. I was in his shop on the 24th of November, and on the 25th, as soon as I opened the shop in the morning, between seven and eight o'clock, I missed a hat which I had seen about seven the night before; I told the Policeman - I do not know either of the prisoners.
ROBERT LAKE . I bought the hat on the 25th of November, between eight and nine o'clock in the morning; Lucker offered it for sale - Malay was with him, standing before the fire at the Red Lion, Ealing; I paid Malay 3s. for it, and a pot of half-and-half - Malay said his father gave him 8s. to buy it, and it was too little for him; they both went out together - I sold it again.
Lucker's Defence. I was not with this young man at the time - we met at Hammersmith; my cousin gave me half a sovereign - I went to buy the hat, and I really believe the witness is the person I bought it of; I told the person I sold it to not to sell it, as I would give him more money for it if he brought it to London.
MALAY - GUILTY . Aged 18.
LUCKER - GUILTY . Aged 18.
Transported for Seven Years .
40. EDWARD MOORE , JEREMIAH SULLIVAN , and JOHN GREENHOUGH were indicted for breaking and entering a certain warehouse belonging to Thomas Garrett and another, on the 28th of October , at All Saints, Poplar , and stealing 270 lbs. weight of nails, value 10l., their property .
THOMAS GARRETT . I am a ship-builder , and have a partner; we have a warehouse near the Folly-house, Blackwall - no one sleeps there. On the 28th of October we had a large quantity of copper nails there - my partner took them in about dusk, between five and six o'clock, but I did not see them; I did not lock up the premises that night, but next morning, between six and seven o'clock, I went there - my partner was there before me; I found the lock had been broken open, and the nails were missing - they had been in a box; I know nothing of the prisoners - there were bags containing nails there.
THOMAS WESTBROOK . I am a partnership with the last witness. A box containing two hundred weight and two quarters of composition nails was delivered to me - there were other nails, and some copper nails, but not in the same warehouse as these were; I locked the door five minutes before six o'clock on the evening of the 28th - it was customary with me to lock the outer-gate, and no person could get in till I came the next morning; I went in the morning, between six and seven o'clock - the outer gate was burst open; I then went to the warehouse these nails had been in, and found the lock broken to atoms - the nails which I had taken in were missing, and a few strewed on the floor; a bag of iron nails had the nails emptied out, and the bag was gone - the 28th was on a Thursday.
RICHARD HARDY . I am a green-grocer, and live at No. 6, Phoebe-street, Poplar. I go about with greens. On Friday morning, the 29th, between ten and eleven o'clock, I was out, and saw Sullivan coming across the marshes, about half a mile from the prosecutor's ware-house - he had a small loaf and a piece of cheese in his hand; Greenbough was standing near Mr. Hudson's hedge, waiting for Sullivan, as I suppose - Sullivan gave him a slice of bread and cheese, and they proceeded on to Mr. Lambert's gate; I waited about five minutes, when I saw Moore in a green bodied cart - he passed my cart, and went on to the other two prisoners; I then saw Moore and Sullivan drag a bag out of a ditch, but what it contained I could not tell - I proceeded on towards Blackwall, and saw Moore coming in his cart to meet me, but he turned aside on the grass plot that I might not see what was in the cart; I had not passed above four hundred yards when Moore turned his cart again, and took in a second bag, which Greenbough brought out on his shoulder, but I did not see from whence he brought it; Sullivan took it from him, and put it into the cart - it appeared to be heavy; I gave information to the Police.
Cross-examined by MR. PHILLIPS. Q. What time was this? A. Between ten and eleven o'clock; I suppose there was abundance of time to have got a cart - I have seen the horse to-day, and he appears to be blind.
WILLIAM ROBBINS . I am a Police-constable. In consequence of information I stopped the cart, on the 29th of October, with my brother officer; about a quarter of a mile before we met the cart, Moore, who was driving, turned, and went very near half a mile - we went in chase of him, and overtook him; we found this bag of nails in the cart, and some bed-ticking over them - I got into the cart, and Moore drove to the station-house; in going along he put his hand into the bag, and said, "I should like to see what they are, and how soon an innocent man may be brought into trouble;" as we were taking him to the office the following night, he said he knew Sullivan, but did not know the other, only by his dress.
Cross-examined. Q. I believe he gave what direction he could, as to finding Sullivan? A. Yes, and he said he had seen him two or three times - that he came to his house and employed him to take these things; I did not know Moore - he took out two or three nails from the bag when he put his hand in, and I told him to leave them alone - I weighed them; there are 474 lbs.
WILLIAM CHAMBERS . I am a Police-officer. I went and found Greenhough - my brother officer took him, and I went and found Sullivan, from the description Moore had given; I called him back, and took him.
- THOMAS. I am an officer of Police. I asked Moore who the persons were, and he described them - I know the horse and cart are his own; I knew him as a Bow-street officer, the same as I was, and he had a good character.
MATTHEW LEVY . I am a rag-dealer and broker. Sullivan came to me between six and seven o'clock in the morning, and asked me if I would do a job for him; I said, "What is it?" he said to take some new nails which they had found in a ditch - I said I wanted nothing to do with such jobs as that, and I sent him away.
GREENHOUGH - GUILTY . Aged 18.
SULLIVAN - GUILTY . Aged 22.
Transported for Life .
MOORE - NOT GUILTY .
ANN HIGGINS . I live at the One Tun, Hay-market . I saw the prisoner coming out on the 1st of December, with the bowl in his hand, and the silver in it - he put the money into his pocket, and threw away the bowl - I cried Stop thief! and the lamp-lighter took him; I had seen him in the house for half an hour, but had not known him before.
LUCY SHARP . I am the wife of Thomas Sharp . The prisoner and three more came to our house, the One Tun, and had two pots of beer - I had a bowl in my till in the bar; I missed it, and heard a cry of Stop thief! I had gone into the tap-room to take a quartern of gin - the other three were some time paying for it, that was while the prisoner took the bowl, but I did not see him; I do not know how much silver was in it - I had put a half-crown and a shilling in just before, and there were a good many sixpences.
Prisoner's Defence. This man stopped me, and the young woman came and said I had robbed her mistress of a bowl and some money; I said I had some money in my pocket, I believed 12s. or 14s. - I took it out, and the Policeman took it and marked it; he then took a crown-piece from me, which he gave me back.
GUILTY . Aged 28. - Transported for Seven Years .
WILLIAM ELBELL . I work at the scagliola works . On the 30th of October I was in the Angel, in Tothill-street -I was very much in liquor, and do not know what occurred to me; when I was sober I found I had only a shilling - I do not know how much I had before; I had been out from the evening before, and went into this house with a friend.
NATHANIEL COLMAN . I am a sawyer. At a quarter before six o'clock that morning I was going to work, and went into this house; I saw the prosecutor drunk, standing with his back to the counter; I saw the prisoner put her hand into his left-hand pocket, and take something out- I told the landlord, who took her directly; I had not been in the house above three minutes before I saw it done- I cannot tell what money she took out, but I saw the landlord take some money from her; I do not know whether they had been together, or knew one another.
THOMAS SNEEZUM . I am landlord of the Angel. The prosecutor had been there about ten minutes - I believe the prisoner had come in before him; I did not see the transaction, but I took her from the information of the last witness - she gave the money into my hand, and I gave her to the Policeman; she gave me two shillings, a sixpence, and 3 1/2d. in copper - I believe I have seen her before.
NOT GUILTY .
SUSANNAH EVANS . I live opposite the prosecutor's shop. On the 4th of November, some time after four o'clock in the afternoon. I saw the prisoner and another lad near the prosecutor's door; I watched them, and saw the other lad, who seemed older than the prisoner, take the boots from the side of the door - he did not go into the shop; he gave them to the prisoner, who had been close by when he took them - the prisoner walked away, and the other followed him; I gave an alarm, and saw them taken; they had not gone far from the house.
Prisoner's Defence. The other boy gave them to me, and asked me to carry them towards Islington.
GUILTY . Aged 12. - Transported for Seven Years .
MARY BARLOW . I am the wife of Robert Barlow - he lives at No. 2, Grange-court . The prisoner had lived servant with me for three months, but I discharged her for getting tipsy. On the 26th of October, when she was gone, I missed a table-cloth - I fetched her to my house, and questioned her about it; she denied it at first, but afterwards owned it, and said where it was pawned - this led to the discovery of twenty-three other articles, which she owned she had taken; she took this cloth out herself, and gave it to the officer, but he is not here.
GUILTY . Aged 36. - Transported for Seven Years .
THOMAS GOUGH . I am helper in a stable , and sleep in the next room to the prisoner. On the 25th of October I lost a pair of shoes from my bed-room; I suspected the prisoner, who had lodged there from the 16th - I understood he had been living as under-butler in a family.
Prisoner. I throw myself on the mercy of the Court.
GUILTY . Aged 30. - Confined Three Months .
THOMAS THOMAS. My gig was in York-street on the 3rd of November, and my great coat in it; I went into a house, and in a minute or two I heard a cry of Stop thief! I went out, and they had all run away; the prisoner was afterwards brought back with my great coat - it was about five o'clock.
Prisoner. Q. Are you sure it was not six o'clock? A. I think not.
GRIFFITH THOMAS . My father left me in care of the gig; the great coat was in it - I left the gig, and went into the house where my father was; I was away about five minutes - I heard a noise, and when I came out the coat was gone; it was afterwards brought back.
EDMUND COLLIS . I was called to mind the gig about ten minutes before six o'clock; I saw the prisoner run away with the coat - I followed him: he was going to put it into a hackney-coach - a carman saw him, and called out - he ran down Tavistock-street; the gentleman came who owned the coat; I pointed out the prisoner, and the officer took him in Tavistock-street.
Prisoner. Q. How came I there? A. You were pursued from Charles-street.
Prisoner. That man did not take me with the coat. - Witness. Yes, I did, and he dropped it at my feet.
GUILTY . Aged 35. - Transported for Seven Years .
Fifth Middlesex Jury, before Mr. Common Sergeant.
47. JAMES CLARK and GEORGE WILSON were indicted for stealing, on the 30th of October , 1 stock, value 1s.; 1 hat-guard, value 3d.; 15 shillings, and 1 sixpence, the property of Joseph Ferguson , from his person .
JOSEPH FERGUSON . I did live at Brooke's-market, but now live in Broad-street, Bloomsbury - I was formerly a Police-constable of the B. division, No. 92. On Saturday evening, the 30th of October, I was on my return from Hoddesden, and came by the coach to the Old Basing-house ; I was intoxicated, but had a perfect recollection of what passed - I went into the public-house, and fell asleep; I had felt my money in my waistcoat pocket in going into the house, and when I awoke I saw the prisoner Wilson; I said I was unwell, and desired him to call a coach - he returned with a coach and the prisoner Clark, who appeared as the coachman - I do not recollect saying any thing to Clark, but they both put their hands under my arms, and I came out of the tap-room into the passage - they there put their fingers into my two waistcoat pockets; I had a 5s. piece and two half-crowns in one pocket, and 8s. in the other in small change, and I had with me a bundle of wearing apparel, which was also taken away - they took me back into the room, and sat me down; I heard some silver fall when they took their hands out, but I never got it - I returned to the tap-room, laid down again for a little while, and after that I called for my bundle; I said I was robbed, and the constable came to me - I lost a silk stock from my coat pocket, and a hat-guard and two letters; I will say nothing about the bundle - I brought it into the house, and do not know what became of it; I had no acquaintance with either of the prisoners before - I saw the same persons, as I suppose, at the Police station the same night.
Cross-examined by MR. CLARKSON. Q. In what state of drunkenness were you when you left Enfield-wash? A. I cannot say; probably I was tipsy - I will not swear it -I went into a public-house, the stage came by, and I called it; I had not then charged the persons there with robbing me - I do not know Mr. Wood, who keeps the Woolpack; I do not exactly know what I did - I will not swear I did not charge the publican with robbing me; I know Jasper Guiver , the driver of the Enfield coach -I do not know that I charged him with robbing me, but I am not certain; I believe I asked where was my bundie - I was drunk, and that is all I can say; but I was not so drunk as not to know what I had about me, for I several times distinctly felt what I had, and recollect it very well; I had 15s. 6d. after paying for the coach - I will not swear I did not charge the coachman with robbing me; I will not answer the question - I did tumble heels over head when I got off the coach, and I am not aware who helped me up; after I was up, and was going into the house, I fell on my face before the counter - my head was muddled from the coach and the drink; I felt my money in the room; I do not think I had charged the coachman with taking it - I have no recollection of the circumstance; I recollect sending Wilson for a coach, and I recollect something about his saying if he got a coach from the stand he should have to pay 1s. - I did not give him any money; when he was gone I went into one of the rooms - I laid down, but I do not think I laid on my face in the sand; I remember the prisoners coming in together - they lifted me up; I was then laying on my face in the sand - I felt my money when I went into the house, and I suppose it was an hour afterwards when I found myself on my face in the sand; I believe there is no landlord - there is a landlady; I inquired for my bundle after the prisoners were gone - I complained to some one who I thought belonged to the house; I did not complain while they were robbing me, because I was a stranger, and I thought they might do something worse
JURY. Q. How lately before you went into the passage had you found your money safe? A. I cannot exactly tell.
JOHN SANCTUARY . I am a butcher. I slept at the Basing-house three or four nights, and was there that Saturday night - I went into the tap-room between five and six o'clock; I saw the prosecutor laying asleep - I afterwards saw the prisoner take hold of the prosecutor to carry him out; I do not recollect there had been any mention of a coach - they carried him out, brought him back, and said they would have nothing more to do with him; they had been absent two or three minutes - they brought him back by his legs and arms, and said they would have nothing more to do with him, he was so tipsy; I did not hear the prosecutor speak to them - I saw the landlady come in; the prosecutor seemed to be quite stupidly drunk - a Policeman took him away.
Cross-examined. Q. Was he so drunk he did not know what he did? A. He appeared so to me; he was very drunk.
ANN CORBY PALMER . I keep the Basing-house. On the 30th of October I saw the prosecutor there - I remonstrated with the coachman for leaving him, and desired a person to assist him, as he was too drunk to be taken off the coach; I recollect his sending for the coach - I did not hear him charge any one with robbing him; Wilson changed a 5s. piece with me, but I think it was before the coach was sent for - I understand it was for 1s. to pay for the coach, and 4d. for a quartern of gin for fetching it; I suppose this was in allusion to a circumstance that occurred the night before, when a man fetched a coach, and the person it was got for had walked off, and the man was taken to the watch-house for fetching it, because he had not the 1s. to pay for it.
Cross-examined. Q. Had you known Wilson before? A. I had frequently employed him, and always thought him honest - he has frequently taken out parcels; the gin was had - I do not know whether the prosecutor had any of it; after the prisoner had left the house I heard something fall, and went into the tap-room - I saw the prosecutor laying on the floor; it did appear by the marks on his face, as if he had fallen off the coach - he did not complain to me that he had been robbed; it was from Sanctuary's information that I thought it my duty to have the Policeman, and to send him out of the house - I should say he was as drunk as a man could be.
COURT. Q. Did you see the bundle? A. No - I think he did not inquire for any.
GEORGE COLLIER . I was sent for to the Basing-house on the 30th of October - I found the prosecutor on the floor in the tap-room; he was intoxicated - I found nothing on him; I got the assistance of Richard Hawks , and took him to the station-house - the landlady of the Basing-house gave me a description of the two prisoners, and I went in pursuit of them; I found Clark at the King's Arms, in the tap-room - I told him I wanted him on suspicion of robbing a man at the Basing-house; he told me he knew nothing about it, and had not been there - I found on him 6s. 6d. in silver, 6d. worth of halfpence, a stock, and two letters, one directed to Colonel Rowan, and the other to Ferguson; on the way to the station-house, Clark told me he had picked up part of it in his coach - I took Wilsonat the Grapes, in Old-street-road; I told him it was on suspicion of robbing a man at the Basing-house - he said he knew nothing about it, and had not been there; in going along he put his hand into his pocket, as if to get something out of it - I held one of his hands, and told my brother officer to hold the other, which he did; we took him to the station-house, and found on him half a crown, two shillings, two sixpences, and a hat-guard, which was taken from his coat pocket.
Cross-examined. Q. Is this a Policeman's stock? A. It is not one belonging to the force - our stocks are leather; I am not a countryman of the prosecutor's - he did not make any charge of being robbed when I took him, the landlady did; I have been a Policeman near twelve months - when we got Wilson to the station, he told me half an hour afterwards that the money was his, and he got it by work; he said he had been out of work a long time, and had got a little work - he did not tell me that he got it from Mr. Storey, that I know of.
RICHARD HAWKS . I assisted in apprehending Clark; I saw Collier take a stock, 6s. 6d., 6d. worth of copper, and two letters from him; when Wilson got to the station I took from his coat-pocket a Policeman's hat-guard; Ferguson was then in the station-house, and the next morning he said they were his; he had before stated he had lost a bundle - I heard him say the letters were his.
Cross-examined. Q. Then all you heard was he had lost a bundle? A. Yes - they were not Policemen's clothes; the force pay for the hat-guards, and if a man is turned out, the guard belongs to the force - they return their clothes.
JOSEPH FERGUSON . These letters were in my possession, and this bat-guard and stock were mine; this guard I never wore, but they are such as are generally worn by Policemen - when I went into the public-house I felt the 5s. piece in my pocket.
Cross-examined. Q. Did not you charge some person with robbing you before you got there? A. I do not recollect - I do not know that I charged Mr. Wood; this hat-guard is mine - it belonged to the Police, but it remained accidentally in my pocket when I gave up my clothes, and I did not find it till I was several miles from the station - I was discharged three or four days before; I believe it was on the 25th or 26th of October - I swear I was in the service till the 25th of October; I had such a guard as this - I did not mark it; I was not present when Wilson was searched.
Witnesses for the Defence.
WILLIAM WOOD . I keep the Woolpack at Enfieldwash. The prosecutor came there at two o'clock, on the 30th of October - he called for a pint of beer; I took it to him in the tap-room - I found he was very much in liquor, and had a great mind to take it back again; his face was cut, and had plaister on it - he said the Cambridge coach had overturned, wounded him, and broken two gentlemen's thighs; he said he had letters in his pocket to go to the Duke of Wellington - he then asked
JASPER GUIVER . I came up with my coach, and saw the prosecutor very tipsy - I assisted him on my coach; I had great difficulty in getting him up, and should not have taken him but for Mr. Wood; his conduct was very bad, and very annoying to a female on the coach- I told him to be a little circumspect or I would order him off the coach; he had paid his fare 1s. 6d. - he offered 1s. first; he was assisted off the coach, but he was not on the ground long before he sat down on it - I set him down at the Basing-house, as he was so tipsy I thought there would be some danger in getting him over the stones - he had a bundle.
Cross-examined. Q. Where did you get it? A. It was a present from a friend - I will not say who; I do not think it right to mention the gentleman's name - I know it from my own stitching and from the state of wear.
NOT GUILTY .
RICHARD HUGHES . I live at No. 10, New-road, Fitzroy-square, and am a tailor . On the evening of the 1st of December I left home about four o'clock: I then had one crown and two half-crowns - I received 3s. while I was out, and spent half a crown during the evening; I got intoxicated - I had a watch with me; I did not fall asleep on the pavement - I was raised up from a state of sickness: I then found my right-hand trousers pocket was inside out; I have not stated that I fell asleep.
Cross-examined by MR. LEE. Q. About what time was this? A. Between eleven and twelve o'clock the same night - I never said before the Magistrate that I was asleep; I have always given the same evidence as I have today - I had a few glasses of ale; I cannot particularly state how many, and a few glasses of port - I cannot say how many; I had not had a dozen - I might have had half a dozen; I paid 4d. a glass for it - I believe that was all I had to drink; I had something to eat at the Marquiss of Stafford's, but I did not pay for that - I saw the crown-piece and the two half-crowns when I went out, and received the 3s. when I was out - I missed the money at the end of Charlotte-street, New-road; I was not on the ground asleep for two hours - I left my friend at York-house between nine and ten o'clock; I then went to a house in St. James-street - I cannot tell how long I remained there; I was pulled from the gutter to the wall by a gentleman, who I believe is here.
COURT. Q. When did you change the half-crown? A. After leaving York-house, in St. James-street, and I missed my money between eleven and twelve o'clock - I think I was not there half an hour.
ABEL BALL . I live in Hooper-street, and am a comedian. On the night of the 1st of December I was passing along the New-road , at near twelve o'clock - I saw the prosecutor sitting under a wall on the left hand; the prisoner was assisting him up - I said, "What are you doing with that gentleman?" I received no answer - I asked him a second time, and during the interval I saw the prisoner take his hand from the prosecutor's side and place it in his own top coat pocket - I said, "Is the gentleman so far tipsy that you can't help him up?" the Police-officer then came up, who made himself extremely active; I saw the prosecutor's pocket was turned out, and his watch-ribbon extended a considerable way out of his pocket.
Cross-examined. Q. This was about twelve o'clock? A. A few minutes before twelve; it was light enough for me to observe the features of the prisoner and the prosecutor - the prosecutor was under a wall, not in the gutter: I asked the prisoner why he did not assist him - I believe he was forcing him back instead of helping him up; his arms were round his middle, and while I was there I saw his hand move to his pocket - he might have moved his hand in the most innocent manner.
THOMAS WARNER . I am a Police-constable of the Hampstead district. I was on duty, and came up to the prosecutor; he was on the footpath, and the prisoner was stooping down with his arm round his waist - I said,"What are you doing with that gentleman?" he said,"Going to get him up;" I said, "Why not take hold of his arm, as this gentleman is doing?" the prisoner then let go his hold and stood up - I thought he had been robbing him; I searched him and found a crown, a half-crown, 3s. 6d. in silver, and 6d. in copper, in the right-hand pocket of his top coat - he did not, in my judgment, appear to be giving him assistance; I thought he was robbing him - the prosecutor's pocket had been turned out, and the watch pulled as far as the handle would admit; the prisoner ran away, but I took him again in Albany-street.
Cross-examined. Q. When you say you thought the prisoner was robbing the prosecutor, had he not his hands under his arm-pits? A. No, round his waist - I found the whole of this money in the same top coat pocket; when we lifted the prosecutor up, he said he had been robbed, but did not say of how much - I found Mr. Ball there; the prisoner might have robbed the prosecutor before, but I thought he was trying to get his watch; I do not know that any thing was taken after I got up.
Witness for the Defence.
NOT GUILTY .
49. ROBERT FLEET and CHARLES BLISSETT were indicted for stealing, on the 20th of November , 22 silver spoons, value 6l.; 6 silver forks, value 2l., and 1 silver coffee-pot, value 1l. , the goods of Ann Hort .
FLEET pleaded GUILTY . Aged 30.
Confined One Year .
JOHN BALLAM. I am a pawnbroker, and live in High-street, Marylebone. On the 20th of November, Blissett came and offered to pawn two forks in the name of Charles Blissett - Mr. Hall, my employer, asked whose property they were - he said his own, and that he lived at No. 13, Little Barlow-street; Mr. Hall said he thought it had been used very lately - he replied, "It has been lately cleaned;" Mr. Hall said he doubted its being his own property - he replied, "To tell you the truth I brought it from my brother Robert, who lives in Hoxton-market;" Mr. Hall asked what he was - he said he was a servant out of place there; there were some other questions, which I did not hear, but Mr. Hall at last asked if he would remain while he sent to the address he gave, to see if it was correct - he consented, and I was sent for a Police-constable, who took him; the same plate was given up at the office.
Cross-examined by MR. CHURCHILL. Q. Did he make any attempt to escape? A. No; he appeared rather confused, but perfectly quiet, and gave his name - the value of these forks is about 25s.; he asked for a sovereign, which is about what we should have lent.
DAVID GEORGE ALDERSON . I am an officer. I was sent for to take the prisoner; he was in the shop - Mr. Hall said he had offered the forks for pawn; I asked who they belonged to - he said his brother, Robert Fleet ; he could not say where he lived, but if I would go with him he would show me; I said I would not - I took him to the office - in going along he said."I will tell you the truth, it is my brother-in-law, who lives with a lady in Wimpole-street, and if you will let me go I will show you where to find him;" I said I would not - he then said if I would go to the watering-house in Great Marylebone-street, I should find him in the tap-room, with a drab great coat on; he said these two forks belonged to his mistress, and Fleet had sent him to pawn them as he wanted a pair of new shoes - I locked him up, and went to the watering-house; I found Fleet in the tap-room, - I called him out, and asked if he had sent any one to pawn two forks - he said he had, and they were his own; I then told him I was an officer, and he must consider himself as my prisoner, and go with me to No. 9, Wimpole-street, as I intended to see his master - he said there was no master, it was a lady, and it was of no use my going, as she was out; I said I would go, and when I got to the street door he desired me not to make it known to any other servant - there were several coach cads in the house when I took him.
MRS. ANN HORT . I am a widow , and live at No. 9, Wimpole-street. These forks are mine; Fleet was my servant , and the plate was in his care - I know nothing of Blissett; Fleet had been four or five years with me - I had a good character with him from a lady whom I knew; I trusted him with every thing, and never lost a sixpence - I had missed this property.
BLISSETT - NOT GUILTY .
JOHN DAVIS . I am shopman to Mary Howell . I was in her shop on the 13th of November - my attention was called to the door, and I saw the clothes disappear off a bed, which was on a chest near the door; I looked through the window, and saw the prisoners going up Little Hammerton-street; I ran after them - I collared one of them, and gave the other to a young man who was going by; they were brought back to the shop, and Abel had some of the articles on him - Burk had dropped what he had when I caught him, and I took them up; the whole that was stolen was two jackets and three pairs of trousers - they were the same which I had previously seen on the bed; four of the articles had my hand-writing on them - the prisoners said they were strangers out of employ, and did not know what to do to get a living.
BURK - GUILTY . Aged 19.
Confined Three Months .
ABEL - GUILTY . Aged 20.
Confined One Month .
SARAH SETON . I am the wife of John Seton - we live in Bond-street, Chelsea . I have known the prisoner about ten years - on Thursday, the 7th of October, between twelve and one o'clock, he came to our house; he gave me a note, and said he was the bearer of bad news, that my husband was arrested, and I was to take a coach and go down into the City immediately - I set off; the prisoner went and took the stage for me - he said he did not know what my husband wished me to do, but I was to ascertain when I got there; he went with me to the Fulham-road, and said he should call in the City in the morning to know how things were going on - I went on towards my husband's brother's office, and met my husband in the way; he was surprised to see me - I told him what I came about; we then went to his brother's office, and as we returned home my husband saw Ford, the officer, and told him what had happened.
JOHN SETON . My wife met me, and when I went home I found a letter laying on the table in my parlour - this is it; I found no one at home but the woman who was washing for my family - I missed about thirty yards of new linen sheeting, two yards and three quarters of broad cloth, four silk handkerchiefs, a blue bag, a magazine, and a stock; I know the prisoner's hand-writing; this letter is his writing - I searched the house with Ford and my wife; my son shortly afterwards returned.
8th October, 1830.
SIR, - This step you will most likely say nothing can excuse; I readily grant you credit for the observation, but it is not my wish to excuse it - I am driven to such extremities that I should not desire a greater boon of the Almighty than to be suddenly called from this earthly hell to the inflammatory one; I should then have the satisfaction of seeing all share alike - nor should I have the mortification of seeing those, infinitely my inferiors, doing better than myself, nor would they, in that situation, be likely to spurn me, or treat me with contempt.
THOMAS FORD . I am gaoler of Bow-street. I went to Mr. Seton's house with him; he described the prisoner, and I took him on the 2nd of November - I asked if his name was not Toozey; he said Yes - Mr. Seton's son was with me; I took this black stock from the prisoner's neck- I asked him where the other things were, but made him no promise or threat; he said he was the person, he had taken the things, pawned them, and lost the duplicates - the property has never been found; it was redeemed the next day.
HANNAH WARD . I am servant to Mr. Seton. After my mistress went out the prisoner gave me a note to take to No. 27, Park-lane - I went, but could not find the number nor the name; he asked if I could keep a secret - I said Yes; he said my master was just arrested for a debt he had made himself liable to, and I was to make haste, as I was to bring some money, which he was to take down to the City - my master and mistress got home before I did.
FREDERICK WILLIAM SETON . I was at home - the prisoner came at half-past one o'clock, and again at three; I saw him give Hannah the letter - he then gave me a letter to take to Mr. Wilkins, but I could not find the place.
PHOEBE PARTORINA . I was washing at the prosecutor's on the 7th of October - the prisoner dined there, and I dined with him; I did not see him go out, but he came back about three o'clock - I know he went into the different parlours; I did not leave the house, and when the family came home the property was missing.
MRS. SETON. I missed three silk handkerchief from the front parlour, three new sheets from the back parlour, and the broad-cloth from my bed-room; I had seen them all safe when I put on my things to go out.
MR. SETON. This stock belongs to one of my son's, who is not here.
The prisoner, in a long address, represented himself to be in a very destitute condition, and begged to be sent out of the country.
GUILTY . Aged 31. - Transported for Seven Years .
OLD COURT. FRIDAY, DECEMBER 10.
Second Middlesex Jury, before Mr. Justice Littledale.
52. JOHN JONES was indicted for breaking and entering the dwelling-house of Christopher Story , on the 11th of December , and stealing 1 spoon, value 1l., and 1 seal, value 10s., the goods of Humphrey Surety .
HUMPHREY SURETY. I lodge in the house of Christopher Story , in West-street, Globe-fields, Mile-end Old-town - I have a front room on the first floor. The prisoner married Story's daughter-in-law, and I believe is in the East India Company's employ; he has not lately been in the habit of coming to the house - on the 11th of October I left my room, about half-past six o'clock in the morning, and am certain I locked the door and took the key in my pocket; I returned at half-past four, found my drawers pulled open, a bundle of clothes tied up, and every thing in confusion - the nails were drawn out of the staple of the lock, one was five inches long and the other about four; it was forced open with great violence - I missed a gravy spoon and a gold seal, which I had seen the evening before in the middle drawer; the robbery was committed in Dodd's-place. Three Colt-lane, Bethnal-green, where I then lodged - Christopher Story occupied that house; I have been speaking of that house all along - there is only one street door to the house; I found the room door about half way open.
CHRISTOPHER STORY . The prisoner married my sister - my father lived at Dodd's-place, Three Colt-lane, Bethnal-green, at the time of the robbery; I did not live with him - two days after the robbery my mother sent for me; I went and found the prisoner there - they were speaking to him about the robbery, and he pretended to know nothing about it; my mother told him he had better confess - the prosecutor was not present; Mrs. Phillips, who the prisoner lodged with, was present, and her son-in-law - he began to cry, and went out; I followed him to Mile-end-road, and asked him to tell me what he had done with the property - he went into the Crown public-house, and wrote a letter to my mother, which I gave her; she tells me it is lost - she is not here; I saw him again two days after in Mile-end-road, and he gave me a small pincloth with two duplicates in it - he was given into custody about five weeks after this; Surety had desired me to apprehend him, but being my brother-in-law I did not like to do it.
NATHANIEL BOURNE . I am shopman to Mr. Barker, a pawnbroker, of Houndsditch. I have a gravy spoon and a gold seal - the spoon was pawned on the 11th of October; I did not take it in, but I granted the form of an affidavit to the prisoner, on the 14th of October, when he came - the spoon was before him, and he said it belonged to Henry Simpson , meaning himself, as he gave me that name; he said he had lost the duplicate - he went out with the copy of the affidavit, which he made a cross to; the seal was pawned by another person.
Prisoner. Q. Can you swear I took the affidavit? A. He took it away and got it signed - it was brought back to me by a baker, not by the prisoner; I did not see him again till he was taken - the affidavit was not signed when he took it away; it was signed by the Lord Mayor, John Crowder, when it was returned.
THOMAS HOLSTENHOLME . I am shopman to Mr. Barker. On the 11th of October I took this gravy-spoon in pawn from the prisoner for 15s.; I asked his name and who he brought it from - he gave me the name of John Jones, for Henry Simpson ; I am sure of his person - I was very particular with him; the original duplicate I gave him was lost; here is the corresponding duplicate, to an advance which I made to another person on the spoon after the affidavit was made - it came from our shop, and is in Bourne's writing; I did not give it to the prisoner myself - the seal was also pawned on the 14th of October, but not by the prisoner.
HUMPHREY SURETY . This is my spoon - I know it from the size; there is no mark on it - I have had it seven years, but never would have it marked; I had eleven spoons altogether - I used this gravy-spoon very frequently; it is much larger than you frequently see - I have seen many much smaller, and some larger; there may be some of the same size, but I swear this is mine -I have seen it so frequently that I swear by the look of it.
Prisoner's Defence. All I can say is, that I found the things pawned - I gave the duplicates to my brother-in-law directly I heard Surety had lost such articles, and said if they tallied with the things he had lost, he might have them, and that I would give them up.
CHRISTOPHER STORY. He desired me to go and see if they were his; he took off his hat, gave me the pincloth, and said, "Here are two duplicates, perhaps they are the duplicates of Mr. Surety's property," and if so he would give it up.
Prisoner. I am brought here for a few words with the family - he never offered to give me in charge before it was all settled; he met me, and said what business had I to abuse his mother - he struck me in the month; I returned the blow, and was taken in charge.
CHRISTOPHER STORY. My mother and him had had words on the day he was given in charge: I had seen him several times before, but being my brother-in-law did not like to give him in charge - I asked what business he had to abuse my mother, but did not strike him.
NOT GUILTY .
Before Mr. Baron Vaughan.
53. JOHN MELVEY and ELEANOR (HIS WIFE ,) were indicted for breaking and entering the dwelling-house of George Freshwater , on the 23rd of October , and stealing 1 clock, value 15s., and 1 pedestal, value 1s., his property .
GEORGE FRESHWATER . I live in Trafalgar-street, North-street, Bethnal-green - only I and my wife live in the house. On the 23rd of October my wife left me in the house - I left about a quarter-past six o'clock; I double-locked the door, and put the key into my pocket - there is only one door into the court - the window was fastened; it is a sash-window, with outside shutters - I returned about ten that night; I was the first that returned, and had the key - I found the door wide open; nothing was the matter with the lock - it appeared to have been unlocked; I got a light, and missed a wooden clock, which hung in front of the door, and a pedestal off the mantel-piece - there is no passage to the house; I am sure they were safe when I went out - nothing more was disturbed; I saw the property again at Lambeth-street about the 23rd of November - I rent the house, and have no lodgers.
JAMES TYLER . I am a Policeman. I was employed to search the prisoners' house rather before the 23rd of November - they live in Kendal's-court, near Vine-street, Spitalfields; when I entered the room I saw the clock hanging up, and recognized it by the description I had received of it three weeks before; I took possession of it - nobody was in the house; I do not know that he lived there myself.
JOHN EASTERBY . I am an officer. I have some property which refers to another indictment - I have seen the prisoner come out of the court, and from information supposed this to be his house; he had been in custody for a week, and the house was shut up - I believe it to be his from information I had; there is only one more house in the court, and an entrance to the upper part of a third house.
NOT GUILTY .
Before Mr. Baron Vaughan.
GEORGE LADD . I live with Mr. English, a hosier in the Strand . On the 30th of November, about half past eight o'clock in the morning, I was taking down the shop shutters, and saw the prisoner go into the shop alone - I was outside; he went to the counter, lifted up the flap, and pulled the inner sash of the window back; I saw him stoop into the window, take up these silk handkerchiefs, and put them into his hat - he had fifteen or eighteen of them; they are India silk - he put his hat on and stepped back on the stool, then went back again into the window and took more; what he could not put into his hat he put between his coat and waistcoat - he came out at the shop door, and there I caught hold of him, called for assistance, and he was detained; twenty-nine handkerchiefs were found on him - I know them to be master's - he had about fifteen in his hat; he said nothing.
FRANCIS ATKINS . I was outside Mr. Lee's shop, two doors from the prosecutor's; Ladd collared the prisoner, and called me - I ran, took the handkerchiefs from the prisoner, and gave them to the Policeman.
GEORGE LADD. I delivered the handkerchiefs to Willis; we sell them at 5s. and 4s. 6d. each - they certainly cost 4s. each, one with another; we should sell none of them under 4s. 6d.
JURY. Q. Look at this one? A. That is 2s. 6d.; here is one at 3s. 6d.
Prisoner's Defence. If he saw me go into the shop, why not come in and ask what I wanted? I was there full five minutes; I did not get over the counter - the flap was open, and there was no stool.
GUILTY (of stealing, to the value of 99s. only .) Aged 21.
Transported for Seven Years .
Before Mr. Justice Littledale.
55. WILLIAM SESSIONS was indicted for breaking and entering the dwelling-house of Catherine Miller and George Miller , and stealing therein 3 coats, value 3l.; 1 cloak, value 15s., and 1 shirt, value 2s., the goods of the said George Miller .
GEORGE MILLER. I live at Stanwell Moor . My mother and I pay the rent of the house together; her name is Catherine - we went to bed on the night of the 3d of November about 10 o'clock - the doors and windows were
JAMES CALE . I am Mr. Radnor's shop-boy. The prisoner is the person who pawned this cloak on the 4th of November - master took it in; I never saw the prisoner before, but am sure it was him; I saw him again before the Mayor of Windsor, and am certain of him - I was hanging some things at the door when he came in; it was between nine and ten o'clock in the morning - he stayed in the shop about ten minutes; I was hanging up things all the time - I saw master take the cloak in, as I went behind the counter for something to hang up while he was there - I saw him take the cloak out of his bundle, in which he had got a black coat and a shirt; he offered the shirt, but master would not take it in as it was dirty - he put the cloak on the counter; master looked at it and lent him 6s. - he doubled it up, and put it under the counter; I afterwards took it from there, and put it back after it was booked - I took it up stairs next morning; it was still folded up - I should know it again.
GEORGE RADNOR re-examined. The cloak was pawned in the morning, but I cannot say at what time I took it in; Cale was there at the time; I do not recollect what he was doing, nor what the prisoner had the cloak in - it was put under the counter, then booked, put there again, and taken up stairs next day; this is the cloak.
GEORGE MILLER. This is the cloak that was in my possession - Edward Gooden left it in our house under my care about a week before; I know it by having seen it a good many times, and seeing him wear it - I am certain of it.
Prisoner's Defence. I beg the Court to consider the nature of the case, that the gentleman should not identify me, and yet the boy he allowed to swear to a person he never saw before - I could have had fifty characters, but did not know it would be required.
NOT GUILTY .
First London Jury, before Mr. Recorder.
55. CHARLES CRESSWELL was indicted for stealing, on the 5th of November , 1 wooden box, value 1s, 6d.; 2 pair of trousers, value 12s. 6d.; 2 waistcoats, value 2s.; 1 other waistcoat with sleeves, value 1s. 6d.; 3 shirts, value 5s.; 4 aprons, value 3s.; 5 neckerchiefs, value 3s. 6d.; 1 pair of drawers, value 1s.; 3 collars, value 9d.; 1 knife, value 6d.; 1 snuff-box, value 6d.; 1 pair of braces, value 6d.; 1 tooth-brush, value 6d.; 1 bottle, value 1/2d.; 1 printed bound book, value 1s.; 1 hair brush, value 3d.; 1 comb, value 3d., and 1/4 oz. of tooth powder, value 3d., the goods of William Frederick Crawley , from his person ; and JAMES OLLIFF was indicted for feloniously receiving the same, well knowing them to be stolen .
CRESSWELL pleaded GUILTY . Aged 20.
Transported for Life .
GEORGE FREDERICK CRAWLEY . I am fourteen years old, and live at No. 23, Norfolk-street. I lived last at Mr. M'Allow's coffee-house, in Wood-street, Cheapside, and had the articles stated in the indictment in a box there - they were worth between 30s. and 40s. On the 5th of November, about twelve o'clock at noon, I met Cresswell in St. James's-park; I knew him by seeing him come to the coffee-house - he said, "I have seen your face before" - I told him where it was, and that I had left my place (I had left it then about a week) - he said he had been there the night before, and master had told him I had left; we stopped together in the park till one o'clock, and saw the guns fired - I then told him I was going to fetch my box that day from Mr. Allows; I had gone home ill, and left it there - he said he would help me with the box; he went with me - I meant to take it to Norfolk-street, Islington; he went as far as Hart-street with me, and as we went down Barbican, he pointed out the Redcross public-house in Barbican, and said his mother lived there - I got the box, and came out with it on my head and a hand box in my hand; I came up to him at the corner of Hart-street, and he took the box from me -I walked by his side; I had told him where I was going- we got as far as the Redcross public-house, opposite Redcross-street, Barbican ; he said he must go and tell his mother where he was going, and that she would not believe him unless he took the box and showed her - he said she lived on the second floor over the public-house; there is a court runs by the side of it, where the entrance is; I did not know the court was a thoroughfare - I waited for him to come back to me; this was about two o'clock - he did not return; I saw the box at eight that night in the possession of the prisoner Olliff, in Cow-cross - he was standing at the bottom of the court in custody when we went up there; I had been endeavouring to find out where Cresswell lived - I went to the court two or three hours before he was at home; I had applied to an officer about five or six o'clock, and told him what happened; we found out Cresswell, in a court leading into Noble-street - the officer took him, and he dire ted us to Olliff's, in a court in Cow-cross, as the place he had taken the box to; we found Olliff in a street leading out of Cow-cross, and he took us into a house, where we found my box under the bed - I believe he lived there, for he went into that room and sat down; another officer and Cresswell were with as - Olliff did not say he lived there: there was nothing in the room but a bed and chair - the box could not be seen under the bed, without being
Olliff. When they came in, the box stood by the bed-side; I said "If the box is yours, Cresswell brought it to me, and said it belonged to you." Witness. I went into the room with Cresswell and the officer, and as we went in I saw Cresswell pull it out from under the bed; I should not have seen it if he had not pulled it out.
WILLIAM HENMAN . I am a constable. On the 5th of November, about six o'clock in the evening, the prosecutor was brought to me by a member of the Corporation, who stated the case, and in about a quarter of an hour I took Crawley with me to Oat-lane, which is between Wood-street and Noble-street; I saw Cresswell and some other lads standing together - I told Crawley to go and see if one of them was the lad who took the box; he went, and pointed out Cresswell - Cresswell called me by name, and said the box was all right; I had known him for some time- I believe he had been out of employ some time; I told him he was charged with stealing it - he said he would take me to where the box was; I then said he ought to have known better, as the boy was motherless - I then took him to the Cooper's Arms, Silver-street, and searched him, but found nothing relating to the case; he then said he did not know the name of the man who had got the box, but that he lived down Cow-cross - I went with him to Cow-cross; he there pointed out Olliff, who was standing with others at the end of Rose-alley, Cow-cross - I had never seen him before; I told him I wanted him about the box he had bought that morning - he said if I would come up the alley he would tell me all about it; I went into his house - he told me it was his house, and took me to a room on the ground floor; Cresswell and Crawley were both with me, and another officer: when I got into the room I told Olliff we had come respecting a box which Cresswell had taken from Crawley that morning, and that Cresswell told me he (Olliff) had given him 2s. for the box and its contents; I said, "I must have this property found, if possible; it belongs to a motherless boy, and you ought to have known better than to have given that money for these articles;" he said they were worth nothing, that he had sold them again for 3s. 6d. - I asked to whom he sold them, for I meant to find them if I could; he said he had sold them to a man he did not know, but would take me to him - he then accused Cresswell of having deceived him, and pointing to Cresswell, he said, "That man came to me this morning, and told me he had just left his place, and wanted to sell this box and contents;" Cresswell denied that, and said, "You know when I brought the box you asked me if I was touted" - I asked him for an explanation of that, and he said it meant being watched, and that Olliff told him he would buy any thing at any time, but that an old woman sat at the end of the court, who would lag any one - lag means transport; Olliff accused Cresswell of deceiving him altogether, and said he should not have bought it if he had not considered it his property - Cresswell then said the box was under the bed, pointing to it; I should not have observed it, unless I had searched for it - Cresswell pulled out the box; Crawley said it had been locked, but I found it broken open, and some sticks lay by the grate as if they had come off it; it had been broken by the hinges, and the lock taken off - I asked Crawley how he knew the box; he said it had a crack at the bottom, near the front - I found that correct; I told Olliff I should take him in charge for receiving the box, knowing it to have been stolen: he said if I would allow him he would take me to the person to whom he had sold the contents for 3s. 6d. - I took him to the Compter, searched him there, and found on his person 19s. 6d.; he said it was the produce of a donkey he had sold, and at the Compter he said, would I suffer him to go to Hoggisland, where the man lived, who he had sold the property to, (it is near the House of Correction) - he did not know the man's name, but said he was the driver of a cart.
Olliff's Defence, (written.) I was coming along Turnmill-street, Cow-cross; I had got my cart with me, when the prisoner at the bar called after me, saying, "I have left my place; I have got my box and clothes with me; I don't like to go home at present - let me leave them at your house; "I paid no attention to him - he stopped outside, until I had settled some business for my day's work; he then came to me, and asked me if I would buy some of his clothes, saying, that he wanted some money, and could not go home - I replied "They are of no use to me, not being fit for my work;" but pressing me hard, and pleading he had no money and nothing to eat all day, considering the property his own, I gave him what he asked, 2s., he brought the things into my house, but could not find the key; he then broke it open, took the box away, and left it at a baker's shop, which he said was his aunt's - I saw him shortly after, and he told me that he was going on-board a ship; if I liked I could go to his aunt's and get the box for my own use - I called there and stated the case, they delivered me the box; soon after an officer came.
OLLIFF - GUILTY . Aged 48.
Transported for Fourteen Years .
FREDERICK HOVATT PAINE . I live in the City-road, and am in the medical profession . On the 9th of November, between ten and eleven o'clock, I was in Guildhall-yard; it being Lord Mayor's day a great many persons were assembled, but the crowd was not very great where I was standing - I had been into Aldermanbury, and am positive my handkerchief was safe in Guildhall-yard , for I used it in the yard - I did not notice the prisoner previous to using my handkerchief; I felt a motion at my pocket, and felt some person behind me - I turned round, and perceived the prisoner having hold of the corner of my handkerchief; his hand was scarcely out of my pocket- it was coming out, but was hardly out then; but I saw him pull it quite out, and put it under his coat - I seized him: there was no constable present - I took him into the Magistrate's office after taking the handkerchief from under his coat - he said it was his own; I am positive it is mine from some particular circumstances - I had had it about a twelve month; I have kept it myself ever since - it is the only blue one I had, and I had spilled some diluted sulphuric acid on it the day before; I cannot be mistaken in it.
Cross-examined by MR. PHILLIPS. Q. What took
Prisoner's Defence. The prosecutor swears false, for I did not take it out of his pocket - I picked it up from the ground, held it up, and asked who it belonged to; the prosecutor caught hold of me, and said it was his, and took it from me a good while before he took me into the office.
MR. PAINE. I did not hear him ask to whom it belonged - he could not have done so without my hearing it; nor was there time for him to do so.
Cross-examined. Q. How happened it that nobody went into the office who saw the transaction? A. A great many went in, who offered to give evidence, but the Magistrate said it was not necessary - two boys were in the yard who appeared to be the prisoner's companions.
NOT GUILTY .
JONATHAN BARLOW . I am a stationer , and live at No. 47, Cannon-street . The prisoner was in my service for two days, and on the 30th of October, about ten or eleven o'clock, I sent him to the stamp-office, to purchase stamps, and gave him five sovereigns, a half-sovereign, and a shilling, to pay for them; he did not return - he had given me no reason to suppose he was going to leave: I informed the officer of our ward, who brought him to me in about a fortnight - he neither brought me back the stamps or money: I took him, having a good character of him from his father, who lives in our neighbourhood, and bears a very good character.
JOSIAH EVANS . I am a constable. I apprehended the prisoner on the 12th of November, having been informed by Mr. Barlow that he had taken this money - his father lived in a court in Cannon-street; I looked after him at several places, and found him about nine o'clock on Friday night, in one of the land-arches of New London-bridge; I took him to Mr. Barlow, who gave him in charge - I did not hold out either threat or promise to him; he said he had been stopped in the Strand by a Police-officer, who put him into a hackney-coach, took the money from him, and left him - he did not say who the officer was; I found no money on him.
Prisoner's Defence. I was taken away in a coach by a man, and had the money taken from me.
GUILTY. Aged 13. - Judgment Respited .
SAMUEL SHEAFE PLUMPTON , JUN. I live in Mark-lane , and am in the employ of my father, Samuel Sheafe Plumpton , who is a tobacconist - he has no partner. On the 25th of November, about half-past nine o'clock in the morning, I saw the prisoner in the shop; I saw him take this wooden box of cigars - I followed him; he put it down next door, finding himself followed - I pursued, and took him a very short distance from the door; he said he had not taken them, but I saw him taking them out of the shop - I did not see him enter.
Prisoner's Defence. I am totally innocent - I was coming down Mark-lane; the prosecutor caught hold of me as I passed, and said, "Where is the box?" I said,"What box?" he took me; an officer came and took me in charge - I went with them; I have not sent to my employer or friends, not wishing them to know where I am.
GUILTY . Aged 26. - Confined Six Months .
JAMES COPS . I live in Winkworth-buildings, City-road, and have a situation in the Customs . On the 22nd of November, between half-past seven and eight o'clock, I was walking in Wood-street , very near Cheapside, and perceived two persons on the opposite side of the street; they immediately crossed the street together, turned round after me, and came immediately behind me - one of them immediately walked down before, while the other remained; it struck me they were pickpockets - I felt my pocket, and missed my handkerchief, which I had used and put into my pocket not two minutes before; I immediately turned round and caught the prisoner, who was behind me - he was within arms length; on seizing him I demanded my handkerchief - he denied having it; I felt his pocket on the outside, and found a bulk - he said that was his own handkerchief, which he took out and held up in his hand; that was not mine - I felt his pocket afterwards, and the bulk remained; I put my hand into his pocket, and took out a handkerchief which I believed to be mine, with another; he had three in his pocket - while I held up my handkerchief to identify it, he slipped away, and ran very fast; I pursued, but he got away, and in five or ten minutes I saw him in custody -I had called Stop thief! after him, but he got out of my sight; I had not the slightest doubt of his being the man- I could not find him at the moment; the officer took the handkerchief from me, and it was produced before the Magistrate - I did not swear positively to it then, because I had no private mark upon it; I had had it a year or more in use, except once when it had been stolen from my pocket before.
ROBERT TYRRELL . I am an officer. I apprehended the prisoner on the 22nd of November, in Foster-lane, behind the New Post-office, where I was on duty, about seven o'clock in the evening, and heard a cry of Stop thief! - I ran down and saw him running from Cary-lane; I took hold of him - the people who were passing said he had stolen a gentleman's handkerchief; I brought him back into Cary-lane, and Mr. Cops was holding up the handkerchief - he said, "He has robbed me of my
MR. COPS. I believe this handkerchief to be mine - I have no initials on it; I know it by the pattern and use - it is silk.
Prisoner's Defence. I know nothing about the handkerchief - I never saw it till it was produced; I wish to ask Mr. Cops if he positively swears I am the person who took his handkerchief; the officer observed to me on the way to the Compter, that he thought the prosecutor was intoxicated.
MR. COPS. I do not swear he is the person who took the handkerchief from me, but I can conscientiously swear he is the person I seized, and found in possession of the three handkerchiefs; but two days after I would not positively swear to him - he is the person I saw in Tyrrell's custody, and that is the man I had seized and found in possession of the handkerchief, I have no doubt; I said at Guildhall, I believed the handkerchief was my property, but had no positive mark on it - I believed it to be mine; I had one the same as that a minute or two before.
JURY. Q. Are you prepared positively to swear that the person who was brought back to you in custody, is the same person from whom you took the handkerchief? A. Yes, positively.
ROBERT TYRRELL I thought Mr. Cops rather strange in his manner, and I might at the time have considered he had been drinking, but since I have been in his company I do not think he was in liquor - I did say so to the prisoner; he certainly knew what he was about.
Prisoner. I was proceeding along Foster-lane and heard a cry of Stop thief! I joined in the pursuit, and saw several persons a-head, and several behind me; I ran on, and being a fastish runner I got a-head of them, and turned Foster-lane - I was seized by a man, and an officer came up; there was nobody with me on the night in question.
GUILTY . Aged 19. - Transported for Life .
NEW COURT. FRIDAY, DECEMBER 10.
Third Middlesex Jury - before Mr. Common Sergeant.
60. ELIZA HOLDER was indicted for stealing, on the 2nd of December , 1 ink-stand, value 1s. 6d.; 1 necklace, value 5s., and 3 trinkets, value 12s., the goods of Eliza Perkins and another. Also 1 needle-case, value 4s., and 1 pen-knife, value 4s., the goods of Agnes Carty . Also 1 broom, value 4s. 6d.; 1 mignionette glass, value 1s.; 1 purse, value 5s., and 2 card-cases, value 3s., the goods of Thomas Briggs . Also 2 smelling-bottles, value 11s., the goods of Mary Ann Williams . Also 2 pairs of scissars, value 2s.; 2 knives, value 3s., and 4 thimbles, value 6s., the goods of Charles Horsey . Also 2 tortoiseshell needle-cases, value 9s., the goods of Mary Ann Furness ; to all of which indictments she pleaded
GUILTY . Aged 30. - Transported for Seven Years .
GEORGE WHITE . I am a bricklayer, and live in East-street, Stratford-marsh. I am employed by Mr. Sparks Moline, and was minding a house for him near the river at Stratford, in Essex , about one mile from Middlesex- I was there on the Friday night before the 18th of November, and left the house all secure; on the Sunday morning following I went and missed five pairs of sashes from the house, which had been fixed there when I left them - the lines had been cut, and the sashes taken away- I informed Mr. Moline on the Monday morning; part of them are now here - from having seen them in the house, and from their size and colour, I know them to be the same; they are worth about 3l. - I have seen the prisoners before, they are neighbours of mine.
Cross-examined by MR. PHILLIPS. Q. How far do you live from the house? A. About a quarter of a mile; I believe Howsden is a carpenter .
HENRY WITT . I live at No. 10, Mount-street, Bethnal-green - I am carman to Mr. James Shearman , in the Curtain-road. One Tuesday morning in November, I was sent with a van to a coal-shed near the City-road, opposite the Swan; I saw the two prisoners come out of the public-house - they went into the coal-shed, and Howsden brought out some sashes and gave them to me in the van; Merry was present, but did not do any thing - I saw them come out of the public-house, and they were in conversation; I took the sashes to Worship-street, by order of the officers, who were waiting in the public-house - Howsden said to me, "Come over to the public-house," which I did, and the prisoners went in with me; the officers then asked me which of the prisoners gave me the sashes - I told them, and then we went to Worship-street.
Cross-examined by MR. PHILLIPS. Q. Did you know Howsden before? A. No - he said nothing to me about the sashes; the officers and my master ordered me to go with the van.
WILLIAM ROBB . I am seven years of age - I am the son of James Robb, of No. 7, Cross-street, Vinegar-ground; my father keeps a coal-shed in Provost-street -Howsden is my uncle, and used to come to my father's shed. On the Tuesday before the 18th of November he came to my father's shed with the other prisoner; they brought some sashes, which were put into our shed, opposite the Swan - they were painted white outside and red inside; I saw Witt come with a van, and the sashes were driven away - the prisoners called Witt.
Cross-examined by MR. CLARKSON. Q. Had you ever seen Merry before? A. No - he stopped half an hour or an hour when he brought half the sashes, and my uncle, Howsden, the other half; they came after breakfast, while people were about.
JAMES BROWN . I am an officer of Worship-street. On the Tuesday morning, previous to the 18th of November, in consequence of some information, I went with Armstrong to Plummer-street; I saw Howsden deliver the sashes to the carman, and he put them into the van - I then saw the two prisoners go over to the public-house; I followed them, took one of the prisoners, and Armstrong the
Cross-examined by MR. CLARKSON. Q. Did you hear Armstrong tell Merry what he was charged with? A. Yes; I will not be certain, but I think he said that Howsden got him to help him up with them - I have inquired about Merry, and I believe him to be a very honest young man: the Swan public-house is five or six miles from the house the sashes were taken from.
Howsden's Defence. I bought the sashes and am innocent.
Merry's Defence. I was with him and saw him buy them.
The prisoners received good characters.
HOWSDEN - GUILTY. Aged 53.
Confined Two Months .
MERRY - GUILTY. Aged 29.
Confined One Months .
Recommended to Mercy by the Jury, especially Merry .
MARY LOUISA MURRAY . On the 13th of November, between nine and ten o'clock, I took a hackney-chariot in Piccadilly; the prisoner drove it - a friend was with me; we drove to No. 2, Bolton-street - I then missed my purse, which I had when I got into the chariot; the purse had some silver in it, but I do not know how much - I searched the chariot, and told the prisoner I had lost it; he said he saw some person stoop and pick up something, but he did not know what - I afterwards saw the purse in the hand of Douglass.
Cross-examined by MR. PHILLIPS. Q. Where did Douglass get the purse? A. He took it off the coach - when I missed the purse I had all the straw taken out; the prisoner assisted - I did not tell him what I was searching for, till after the straw was out; I was looking for it to pay the prisoner - I gave him 2s.; I am married - I had a lady with me, a friend of mine, who is now out of town: the prisoner demanded more, but I would not give him more than 2s. - I said I would not let it rest there; my husband is on the continent, on a journey.
COURT. Q. Had you this money for your own use. A. Yes; I had the management of it - I have money independent of my husband, by settlement; it is money which comes to me as a separate allowance, by settlement.
Cross-examined by MR. PHILLIPS. Q. Is there any separate settlement by which you are entitled to receive and disburse money during you husband's life? A. Yes, perhaps there is, but I do not choose to say what it is - this was my own money; there has been a written settlement between us - it was not at the time of my marriage; this money was not settled on me by my husband: I shall not tell you who settled it - it has been settled about a year; I shall not tell you the name of the attorney who drew the settlement - I am living on terms of affection with my husband; this settlement was done, with his knowledge, by a friend - I left my husband three weeks ago on the continent; this was not part of the money my husband left me.
COURT. Q. Do you live upon this allowance? A. No- this was part of the allowance.
HENRY FERRERS . I was at No. 2, Bolton-street, on the night the hackney-chariot came there with Mrs. Murray and a friend - the prisoner drove the chariot: I brought out the candle for the witness to search the coach; I helped to search - I found nothing on the first examination; the prisoner stood outside, quite unconcerned, and took no steps to find the money - he was on the point of going away, and demanded 3s. for being detained; Mrs. Murray said she was positive she had lost the money - I asked her if it was of consequence; she said she should not like to lose the purse - I got a Policeman; he got on the box, but could not find any thing - I then got on the box, and under a horse-cloth I found this purse, which Mrs. Murray claimed - I do not know exactly what was in it; the prisoner was taken to the station-house; I went there, and heard him admit taking it - he said, "I did take it, and am sorry for it."
Cross-examined. Q. What are you? A. I am a clerk, living on my means - I am in no situation; I have been out of place about twelve months - I lived last with my sister in Bishopsgate within; I had searched the straw - the Policeman who searched the box before me, is not here; I asked if he had searched it; he told me he had, and could find nothing - he then went away.
HENRY MILLS . I am an officer. A little before ten o'clock on the Saturday night, I got into the prisoner's chariot to look for the purse - I saw Ferrers get on the box, and he said he had found the purse; I took the prisoner to the station-house - he said he had put it up on the box.
Cross-examined. Q. Are you sure he did not say, "I took it, and am sorry for it?" A. He said, "I am sorry for it, I put it there;" I knew the other Policeman had searched - this is the purse; there is 5s. in it.(Purse produced and sworn to.)
Prisoner's Defence. This man was the last who got on my box - he said, "I have got it;" I never saw it till this moment - I know no more about it than a child; I never had sight of it - that is the man who got on my box, and he must have put it there.
JURY to MRS. MURRAY. Q. Was the prisoner see non the box from the time the Policeman went up to the box till Ferrers did? A. I do not know indeed - I had not seen him on the box after he got off.
Five witnesses gave the prisoner a good character.
GUILTY . Aged 50. - Fined 1s. and Discharged.
Before Mr. Sergeant Arabin.
63. JAMES SURGOOD was indicted for stealing, on the 12th of November , 1 truss of hay, value 18d.; 1 sack, value 2s.; 3 bushels of bran, value 3s., and 2 pecks of chaff and beans, mixed together, value 9d., the goods of William Stevens , his master ; and WILLIAM INGLE-DON was indicted for feloniously receiving the said goods, well knowing them to have been stolen ; against the Statute, &c.
WILLIAM STEVENS . I am a tanner , and live near Uxbridge, in Middlesex . Surgood was my carman , and was employed to carry my leather to town; he had been with me about two years - on the 12th of November I sent him to town with a load of leather to my factor's, in St. MarySwan inn at Bayswater , where I had seen the van standing; Ingledon, who was the ostler there, was standing at the door, and several other persons; we found one truss of hay in the yard - the officer asked Ingledon if he had not assisted in unloading the caravan, and taken out some hay and some bran: he answered indifferently, he might or he might not, as he continually did those things for men, and he had not a perfect recollection - the yard we found the hay in adjoins the inn, and I presume it belongs to it; the horses could not get into the stable without passing through it - we examined the hay, and it had the tallies in it; we then went into the stable, and in the loft over it we found a sack of bran in one of my cousin's sacks, bearing his name, and about two bushels of mixed corn in another of his sacks; I sent another servant to London the next day to fetch home the caravan - the prisoner would have had to stop in London till I had purchased the articles he would have had to bring home, perhaps two or three hours; he usually arrived from ten to half-past ten o'clock, and would obtain his load by four.
Cross-examined by MR. PHILLIPS. Q. You state his stay in London depends on the purchase of your commodities? A. Yes, but the market ends before the day - he might stay till five o'clock; I do not measure the provender he has to take to town - it is left to his own discretion; I should think he has been two years in my service, it may be more; the Swan inn is a place of very considerable resort for carts and waggons - the ostler has a great deal to do; he said he might have helped him - I never was in the yard before, but I have no doubt it was the property of the landlord; there were a number of corn sacks in the loft - I think the bran should not have been taken into the loft; it was up in a corner - I saw it through a hole in the stable; I had not seen the ostler before, to my knowledge - I believe I have related every thing that took place with the officer and the ostler in my presence; Surgood is married, but has no family.
HENRY JAMES PERRENCE . I am a saddler. I was asked to watch the van - I was waiting close by the Swan, and saw Surgood come up with it; I saw Ingledon cross the road from the van, with a truss of hay on his shoulder, but I did not see how he got it - he took it down the yard by the side of the Swan, and put it on a crib in the yard, where it was afterwards found - Surgood followed over, with a sack full of something on his shoulder, and in about ten minutes Ingledon went over to the van again, and brought out a sack, which appeared a new one, full, out of the front of the van: Surgood then went and put some hay on the shafts, on the front of the van, and tied the tarpauling down over it - I told Webster, the officer, what I had seen; I afterwards went to search the premises with the officer, and found the hay where I had seen it left, with the sticks in it.
Cross-examined. Q. Was this in open day? A. Yes, it was about ten minutes before nine o'clock, and it is a public highway: there was no concealment that I am aware of; I was there with Mr. Stevens, and what he has stated is correct.
PHILIP WEBSTER . I am an officer. I have heard the account the last witness has given; what he has stated is correct - I went to execute the search-warrant; I saw Ingledon at the door - I knew him, and he knew me; I called him, and asked what Mr. Stevens' carter had left that morning - he said he believed a little hay, and he thought there was some loose corn also in the stable; I said I wished to see the hay, and he took us to it - I untied it, and asked him whether any thing else had been left; he said No, not that he knew of - I am sure he said that; we went into the stable, and looked through the hole; Perrence said, "I believe that to be the sack;" Ingledon made no answer, but went and got a ladder - there were no means of getting to the loft without a ladder; we got up, and found the sack of bran - Ingledon said he did not know how it came there, nor who it belonged to - I am sure I asked him if he knew how it came there, and he said No; I took him and the articles into custody.
Cross-examined. Q. Was not Mr. Stevens with you? A. Yes; I heard him asked if he had detailed all that passed, and he said Yes - I have stated more, but it is correct; I could see the sack from below, and so could any one - there were certainly many places in which it might have been put where it could not be seen; it was a public stable, into which any one might go - it is an inn which carries on a great deal of business, but I think the ostler could not forget what had been left in so short a time; the van stopped at a quarter to nine o'clock, and we went again at past eleven - it was not past twelve; the master of the inn came to us - we were there twenty-five minutes or half an hour.
COURT. Q. As near as you can guess, what time elapsed from your seeing the van unloaded to your search?
Surgood. I have been upwards of seven years with Mr. Stevens, as a regular servant, and have witnesses to prove it; he makes a memorandum of the time we are with him.
MR. STEVENS. He may have been so.
Surgood's Defence. What I brought from home I fed my horses with, from twenty minutes after eight o'clock to near eleven; what they did not eat I took further on, and what they do not eat at all I take home - I am uncertain what time I shall stay; I have waited six or eight hours in town - I have known Mr. Stevens to buy three loads, and I have to go and fetch them: when my horses are knocked up I am obliged to stop three or four hours at the Swan, because he overloads his horses, so that they cannot get home - he has taken the bait from me when I got home.
Ingledon's Defence. This man was in the habit of calling on his way to town, and leaving the provender, taking what he wants till he returns, which is sometimes at six o'clock at night; others are in the habit of leaving provender there - when the officer inquired of me I said he had been there, but I did not know whether he had left any thing; I looked and said Yes, he has, and pointed it out among other provender of other men's - how the bran and corn came there I cannot tell.
SURGOOD - GUILTY . Aged 27.
Transported for Seven Years .
INGLEDON - GUILTY . Aged 30.
Transported for Fourteen Years .
MR. PHILLIPS conducted the prosecution.
RICHARD BAXTER . I am superintendent of Police at the St. Katharine-docks . The prisoner was a delivery foreman there, at the warehouse letter D. - I took him into custody on the 6th of November; he said he wished to change his coat, and I took him to the warehouse - he unlocked the desk, took out a coat, and put it on; and the coat he pulled off I locked in the desk, and in doing so. I saw in one corner of the desk these ten chinchilla skins - I asked him what they were; he said they were skins he had found in another part of the warehouse, and he had put them there for security, intending to give them to Mr. Palmer the warehouse-keeper, but he had forgotten to do so; I desired him to lock the desk, and give the key to Mr. Palmer - there were two hales of skins at the further end of the same warehouse; I took him to the dock-office - Mr. Palmer afterwards unlocked the desk and took the skins out; he said he lived at No. 5, Robinhood-court, St. Olaves; - I went there with another officer, and in a drawer in that house. I found these nine other skins, wrapped up in a pocket handkerchief; I have compared them with the skins in the bales, and they appear to me to be part of the same bales.
Cross-examined by MR. CLARKSON. Q. Are you any judge of these sort of skins? A. No; some appear darker than others, but they are packed in a different manner in the bales - I believe the prisoner has been in the service of the company from its establishment; I do not know that there had been any person to inspect the bales of skins that day, or the day before - if there had, they would have been attended by some of the persons in the docks; if any of the skins had fallen out, it was the prisoner's duty to have given them to the ware-house-keeper immediately - I do not know that any crime would have been imputed to him if he had kept them two or three days; I would as soon have suspected myself as I would him - I told him I had found these skins at his lodging; he said those found in his drawer had been given him by a person whose name he mentioned, who had been in England, but was gone to America - I think it is not possible he could have overlooked the returning of the skins he had picked up.
MR. PHILLIPS. Q. You found these skins at his lodging? A. Yes; and I went back to him at night to take him to the Thames Police-office; I told him I had found chinchilla skins at his lodging, but did not say how many - he said nothing to me then, I am sure; what he said was before the Magistrate.
BENJAMIN BLABY . I assisted in searching the prisoner's lodging, and have had the skins which were found there ever since; I said to him, "I have some skins I found in your house, will you give any account of them" - he said"No, I shall be before the Magistrate presently, and I shall give the best account I can."
DAVID O'CONNOR . I am a marker in the St. Katharine-docks. I was employed in warehouse D., in which the prisoner was foreman - I remember two bales of skins being brought in there; I counted them when they came in - one bale contained three hundred and nine dozens and six skins, and the other three hundred and ninety-eight dozen - on the 11th of November I counted them again, and found the one which had had three hundred and nine dozens and six skins, had only three hundred and four dozens and five skins, and three pieces, which was a deficiency of five dozens from that bale, and three skins were missing from the other bale; no delivery had taken place from them to my knowledge - I compared those found by the officer with those in the bales - I could not swear they are the same, but to the best of my knowledge they are of the same description, but I am no judge of them.
Cross-examined. Q. You do not affect to be a furrier? A. No - I cannot say when the bales had come to the ware-house; it was about the 5th of October, I think, as near as I can guess - I believe they had been inspected by persons who had come for that purpose, and the bales would certianly be opened to show them; I was in the dock about three weeks before he was - he had had a good character; it is possible some of the skins might have been left out which he might take up with a view to return them; his son died last night.
WILLIAM PALMER . I am warehouse-keeper of the warehouse D. I have compared these skins with those in the bale - they appear to me to be the same; if the prisoner had found any he should have reported it to me immediately, or to have had them repacked - he had an excellent character.
Cross-examined. Q. Do you know he has lost his son? A. I am told he has - he certainly did not do his duty with respect to these skins; I have known him sixteen or eighteen
Prisoner. Q. Did I not surrender the key of my desk? A. Certainly you did, after you were in custody, and you said that when looking for me or Mr. Salmon to get men to effect a delivery, you had got the skins which had fallen from a bale.
GUILTY. Aged 43.
Recommended to Mercy . - Transported for Seven Years
GEORGE HOBBY . I am a Police-constable. On Sunday, the 28th of November, I met the prisoner coming through Duke-street, Lincoln's Inn-fields, about nine o'clock at night, with a bundle under his arm - I stopped him, and found it was wood; I asked where he got it - he said from the Five-fields, Chelsea, that he worked for Mr. Cubitt, and the foreman gave it him - in going along he looked round, and said, "There is no one here but you and I - I took it, let me go, and I will give you a sovereign to-morrow."
Cross-examined by MR. CLARKSON. Q. I suppose you told this to the Magistrate? A. No, but it is the truth - I am rather slight in my memory, but I am brought here to tell the truth - the Magistrate did not ask me if I had any more to say; they filled up the commitment, and said that would do - the prisoner told the inspector at the station that he found the wood by Buckingham-gate - I should have told that if I had had time.
CHARLES JAMES FOX . I am a clerk to Mr. Cubitt, of Grosvernor-place - the prisoner was a watchman in their employ; I said, at Bow-street, that it was my opinion this wood was Mr. Cubitt's property - I have since matched it, and am certain that is his.
Cross-examined. Q. How long has he been there? A. I understand eight years - he had a very good character; none of the men are allowed to take any thing off the premises.
GUILTY . Aged 30. - Confined Six Weeks .
FREDERICK PRIDHAM . I am an ornamental carver . I was in Oxford-street at half-past five o'clock on the 30th of November; I felt a tug at my pocket - I turned, and saw the prisoner and two more with him; I saw the prisoner pass something to one who was behind him, which I thought was my handkerchief; but I could not swear it - I felt, and missed my handkerchief; I followed them, and the person who I thought took the handkerchief, turned down Harewood-place; I followed the prisoner and the other down Regent-street, and on to Forbe's-passage - they stopped there, and I stopped opposite to them; the other one said, "Go over to him;" the prisoner came over, and asked me if I was following them - I was frightened and said, "Come into this public-house, and we shall settle it very amicably;" the prisoner said if that was all, he would - we went in; I told the landlord, who said he would act as an officer if I told him the case - I said I suspected the prisoner of robbing me of a handkerchief - he detained him, and sent to Marlborough-street; I had had my handkerchief just before in my hand - no other persons were behind me; the man, who I think took something from the prisoner, went down Harewood-place.
Prisoner. Q. Were there no other persons behind you? A. Yes, but you were the nearest - you did ask me if I knew you, and I said No; I meant I was not acquainted with you - I cannot swear you took the handkerchief, or passed it; I saw the others with you, and talking to you - I did not follow the other men; I followed you, and did not lose sight of you - your friends have been with me: I said I would not swear positively you had the handkerchief or passed it to the other persons - they went to Marlborough-street, learned my residence, and begged and prayed of me not to swear to you - I believe the prisoner is respectably connected; he is an apprentice to Mr. Maberly.
Prisoner's Defence. I was proceeding from my employer's - I went down to King-street, and the prosecutor asked me to go into the house, where he charged me with picking his pocket - I said it was not true; an officer was sent for, but nothing was found on me.
GUILTY . Aged 20. - Transported for Fourteen Years .
WILLIAM GRANT . I live with Mr. Francis Brewer, who keeps a chandler's-shop , at Kensington Gravel-pits . On the 27th of November this cheese was taken from the step of the door - I heard the alarm, went out, and saw the prisoner; I caught him with it - I asked him to give me the cheese: he was walking about a quarter of a mile from my master's shop - he said he had bought it; I took it, and gave him to the officer - he is a gardener.
Prisoner's Defence. I was very much intoxicated, and was trundling the cheese before me - I did not know what I did.
CHARLES HIEROMS. He was a little intoxicated, but walked very well.
The prisoner received a good character.
GUILTY. Aged 38.
Recommended to Mercy . - Fined 1s. and Discharged.
WILLIAM BRAY. I keep the White Swan public-house . On the 17th of November, between five and six o'clock in the evening, I went into the tap-room, and stood before the fire - there was no one in the house but my family; my wife was sitting by the parlour fire, suckling an infant - she heard the till rattle, and called to me; I went into the bar, and found the prisoner - I took him by the collar: he opened his hand, and had 1d. in it - he said he wanted a penny worth of beer; I looked at him, and saw he had something in his month, trying to swallow it - I took hold of his throat, and he dropped one shilling and a sixpence
GUILTY. Aged 14. - Judgment Respited .
69. CHARLES JOSEPH JONAS was indicted for feloniously receiving, on the 23rd of November , 1 piece of silk, containing 30 yards, value 50s., the goods of John Peters and Thomas Underwood , well knowing it to have been stolen ; against the Statute.
The prosecutor not being able to identify the property, the case was not proceeded with.
NOT GUILTY .
JAMES WEBB. I live with Mr. Smith, in Curzon-street. I had this bag and money on the 23rd of November, and was going through the Almonry to go home - the prisoner stood at the door of a house; she took my cap off, and went up stairs with it - she would not give it to me; she then asked me to give her a halfpenny, and I gave her 1d., then another girl at the door asked me for a halfpenny, and I gave her one - on pulling that out my bag of money fell down; the prisoner took it up and ran in doors - I went in and asked her to give it me; she would not - I went and got the Policeman; I had never seen her before - after she got the money she went and brought my cap down and gave it to me.
DAVID PHILLIPS . The prosecutor came and told me of this case - I went to the house, and found the prisoner in the parlour playing at cards with another girl and a man; I charged her with robbing the boy - she said she knew nothing about it; I searched her and the place, but found nothing - the prosecutor went with me.
Prisoner's Defence. I never saw the boy nor the money.
GUILTY . Aged 19. - Transported for Seven Years .
71. JOHN WILD was indicted for stealing, on the 7th of September , 1 gold pin, value 2s.; 1 scarf, value 18d., and 1 half handkerchief, value 1s., the goods of William Gordon ; and that he had before been convicted of felony .
WILLIAM GORDON . I lodge in the same house with the prisoner, at No. 4, Wellington-buildings, Manor-street, Chelsea - I had the room up stairs, and he the room below; he went away about the 9th of September- I had missed this pin before he went, and asked him about it - he acknowledged it and gave me the duplicate; I never permitted him to take any of my property.
GEORGE AVIS. I have a certificate of the conviction of this prisoner, on the 30th of June, in the sixth year of his late Majesty's reign - he was ordered to be transported for seven years.
GUILTY . Aged 24. - Transported for Life .
RICHARD PAYLING . I am a grocer , and live in Davies-street, Berkeley-square. The prisoner was my errand-boy for three weeks - he carried out goods, and was to received money, which he ought to give to me directly he came back.
FRANCIS CARROLL. I deal with the prosecutor. I paid the prisoner 6s. 8d. for his master, and he gave me a receipt - it was on a Saturday; I cannot say what date- this is the bill and receipt - (read).
The prisoner put in a written Defence, stating that he had lost the money in his way home, and being discharged on the following Saturday was unable to pay it to his employer.
RICHARD PAYLING. I asked him if he had received the money - he said he had not; I had not turned him away - I said if he could get any work he need not come on the Monday morning, and he did not.
GUILTY. Aged 15.
Recommended to Mercy . - Confined One Month .
ELIZABETH MOORE. I am a widow , and live in Church-street, Westminster . The prisoner was in my service for six months - I had given her warning, and she left me on the 19th of November; on the 20th I missed these articles, when she came for her box - she said if there was any thing of mine there I must have put it there; her box was then in my parlour - I found in it this napkin and this cravat.
WILLIAM MILLER . I was called to take the prisoner; the box was then in the passage; I asked her for the key- she would not tell me where it was; I searched a little hand-box, and found it - I opened the box, and found these articles.
Cross-examined by MR. PHILLIPS. Q. Are you sure you did not give the napkin to any one? A. Yes - the prisoner and I have had words sometimes; I did not require her to do more than I had stipulated - I cannot remember that she had given me notice; I had one more female servant ; I do not know that she left her box open- I make a point of going into my servants' room to see that it is kept clean; she had only had this from the Wednesday - it might have happened that some of her things got mixed with mine in the wash; she was very insolent when I spoke to her - my son lives with me; I
NOT GUILTY .
74. ANN BARTLETT was indicted for stealing, on the 18th of November , 1 silver watch, value 2l.; 1 gold chain, value 50s.; 2 gold seals, value 30s.; 1 watch-key, value 2s.; 1 umbrella, value 2s. 6d., and 1 pencil-case, value 1d., the goods of Samuel Smith , from his person .
SAMUEL SMITH. I am a publican , and live in White-street, Borough. On the 18th of November, between eleven and twelve o'clock at night, I was going home; I was fresh, but knew pretty well what was passing - I had been with some friends whom I had not seen for some time; I went to a house where there was some money owing to me, and unfortunately I took the wrong turning- the prisoner, seeing I had lost my equilibrium, asked me to go with her, and I like a fool, went; when I got into the house with her, I saw I was wrong - she shut the door; I said, "I will give you a shilling or two to let me go home," but she prevented me from going out - I did not stay above ten or fifteen minutes; a second woman then came up - one of them put out the candle, snatched my watch out of my pocket, and tore my watch-guard; I cannot say which it was - they both went away together; I got to a window, pushed it up, and called a Policeman, who put a man at the door, then went and got the inspector; they came to the room with a lantern, and part of my watch-guard was found there.
ROBERT NEAVE . I am a Policeman. I was on duty in Booth-street, Spitalfields, and saw the prosecutor at the one pair of stairs window of a house - he called me, and said he had been robbed; I placed a person at the door, and went to the inspector - we went to the room, and found part of the guard; I went in search of the prisoner, but could not find her.
THOMAS BICKNELL . I am an inspector of the Police. About half-past twelve o'clock I heard of the robbery, and went down to the house; the prosecutor had the sash down, and wanted to jump into the street; we got him down, and took his description of the property, but he could not describe the woman; about half-past seven o'clock in the morning I went to George-yard, and found the prisoner and another woman, who were dressed, and two other women were in bed - I desired them to get up and found this watch and seals between the bed and the sacking; this umbrella was under the bed, and this pencilcase was on the prisoner - the women were all taken, but the others were discharged.
(Property produced and sworn to.)
Prisoner's Defence (written.) On the evening in question I had gone to rest at my lodging, in Booth-street, Spitalfields, and at half-past eleven o'clock was disturbed by a knocking at my bed-room door; I got up, and was requested by a woman, named Louisa Blade , to allow her and the prosecutor to have the use of my bed-room for a short time, and for which she said she would give me a shilling - my poverty induced me to consent; I got up, and dressed myself and child - as I was going down stairs I met Louisa Blade and the gentleman, with a light, coming up the stairs; they went into my room, and remained together about a quarter of an hour - Blade then called me up stairs, gave me sixpence, and desired me to fetch a pint of beer; I told her it was too late to get any beer, and that I wanted my room again - I went into the room - the gentleman was still there; I then began to make up the bed, and in doing so found a pencil-case, which being much like one I had, and was in the habit of giving to my child to play with, I put it into my pocket; Blade and the prosecutor begged of me to go into Whitechapel, and try and get the beer at the night-house - I went; I then returned home, went up stairs to my room, and found that Louisa Blade had gone away, but the prosecutor remained - the candle was out, and she had taken my child with her; the prosecutor then said she had robbed him - I then went out to look for Blade and for my child, and after many inquiries found her in a house in George-yard, and told her the gentleman accused her of having robbed him; she then went out of the room, and returned in half an hour, so disguised, that I did not know her - I was afraid of returning, and sent a female friend, named Massey, to see if the gentleman still remained there; she met the Police-officer and the gentleman at the door - the Policeman and his serjeant came then, took me into the custody, and went to Spitalfields watch-house; while there, Louisa Blade asked one of the women to lend her a shawl instead of the one she had on, being much worse than her own - she then blacked her face over with mud from off the watch-house floor, and asked the young woman if she should know her again - to which she replied she should not; she then put her cap over her face a little more, and altered the strings of the bonnet, and pulled it over her face; she asked the Policeman to give her two pins to alter the strings - by these means the prosecutor did not know her again; next morning I was taken to Worship-street - the prosecutor again swore that he knew nothing of either of the women, and they were acquitted, but I was committed: I do declare that I never saw either the watch or umbrella.
GUILTY . Aged 28. - Transported for Life .
HUMPHREY NOLAN . I am a labourer . On the 8th of November I was at my lodgings in Vinegar-court, Drury-lane ; the prisoner had been there before me, and lived in the same room, but slept up stairs - the man of the house, his wife, and a young man were in the house; I had been out all day in London-street, and when I came home I took out my money, which was wrapped up in the corner of a silk handkerchief - I took it out to see what I had received that day; I took out the coppers, and put them into my pocket- I then left my money in a purse on the table, and went to another table to have my supper; I missed my purse, and went to the table to look for it, and it was gone - the prisoner had gone out of the room for about three minutes, and returned; we locked the door, and searched the house- I said it was quite silly to be searching the house, it was not there; I have never seen it since, nor any part of it - we got two Policemen, and every one in the house and the house was searched; the prisoner was taken up stairs by my wife - in going up she said, "Mistress, don't you fright about your money - it is all right;" I offered her two sovereigns if she would give me the rest - no one else came into the place but the Police.
HENRY LEE . I was in the room: I remember the prosecutor putting his purse on the table - the prisoner was the only one who went out; she was out five or six minutes - the prosecutor missed his money when she came back; I did not bear the prisoner say any thing about the money.
MARGARET NOLAN . I am the prosecutor's wife. He laid his money on the table, and then went to another table to eat; the prisoner was close to the table - she went out, and staid about eight minutes: she was the only one who went out - when the officer came I was going up stairs with the prisoner, she said, "Don't fret - your money is all right," I have never seen it since.
Prisoner's Defence. This man went out to sell his fruit- he came home about six o'clock in the evening; I came in after them, and said, "You have sold a great deal of fruit;" he made no answer - I went as far as the end of the court, as I had been low-spirited all day, my husband having gone away with another woman; I came back to supper, and all at once the prosecutor said he had lost his purse - somebody said, "How much was in it?" he said 4l., and then after that there was 8l. in it - then, when he came against me, he said there was 11l. in it.
HUMPHREY NOLAN . I told my mistress I had but 8l. in it, and when it came to trial I said there was 11l. and the other money in it - the prisoner says I saw her in the court, but I never saw her till I had called my mistress and went up.
NOT GUILTY .
MATILDA MATTHEWSON . I live with my father, James Matthewson , in Duke-street, Manchester-square . The two prisoners came into his shop in the evening of the 15th of November, between six and seven o'clock - they asked for money; I said I could not give them any - they said they were in distress; Corbet said her father was the watchman, and had got turned out of his place; I said my father was out, and they both went away - my father came back in an hour, and then missed the books from a shelf, which they had been within two yards of.
Murphy. Q. Did you see me take the books? A. No.
EDWARD DANIELS . I am a bookseller, and keep a shop at No. 9, Marylebone-lane. On the 15th of November the two prisoners brought in four books, and offered them for sale - they said they had been their uncle's, who had died, and left them to their mother - I saw they were four odd volumes, and asked what they had done with the others; they said they were worn out, and they had sold them for waste-paper - I detained the books, and told them to fetch their mother; I went out to tell a Policeman to follow them, but they had got out of sight; they appeared to me to stop and talk with two young men, but I could not be positive - they were taken next day, and I was sent for.
Corbet's Defence. We went into the shop, and asked the young lady to relieve us; she said her father was not at home - we were going home, and met two young men, who asked where there was a bookseller's: we told them in Marylebone-lane - they said they would give us 6d. to sell these, and we went and offered them.
Murphy's Defence. The gentleman asked us how much we wanted, and we told him - he said we must send our mother, and we said would our eldest brother do - he said Yes; we were to meet the young men the next morning at the same place - we went for the books, and were detained.
CORBET - GUILTY . Aged 13.
MURPHY - GUILTY . Aged 13.
Transported for Seven Years .
MARY LANE . I am the wife of Daniel Lane - he is a fishmonger . On the evening of the 15th of November the two prisoners came to me together, to ask charity - they said their father was a watchman, lately dead, and they were going about to get money to bury him; I said my husband was called by a watchman every morning - they said it was not him, it was the one who had been there before him; I said I could not give them any thing, but if they came in the morning, if my husband knew any thing of them, he would give them something - Murphy then moved to the end of the counter, and the other said, "Can you give me 1d.?" Corbet then looked at her, and said, "Mary, the mug wants washing out that I have got in my hand;" they then said if they came at ten o'clock at night would it do - I said No; they went out sideways, and said they would come at nine o'clock in the morning; when they were gone I missed four yards or four yards and a half of jean, which I had just before- I saw them in custody the next day; I have not the least doubt of their persons - I have not seen the article since.
Murphy. Q. Did you see us take it? A. No - you took the mug from Corbet when you came in; you did not stand at the door - you shut it, and went away.
CORBET - GUILTY . Aged 13.
MURPHY - GUILTY . Aged 13.
Transported for Seven Years, to commence from the expiration of their former Sentence .
Charles Paglar .
MARY MOONE . I live with Mr. Paglar. This property was in the room I sleep in - the prisoner had been a cook, but was out of a situation and slept there with me; the property was safe when she came, and two days after she was gone I missed it - no one else could have taken it; all the property has been found - she gave up the duplicates.
GEORGE WILLIAM MORGAN . I am a constable. The prosecutor came to me, and I took the prisoner - she had given up the duplicates before I saw her; one of the pawnbrokers is here, the other gave up the articles.
(Property produced and sworn to.)
Prisoner's Defence. I promised the prosecutor I would redeem the things as soon as I had a month's wages.
GUILTY . Aged 30.
Transported for Seven Years .
Second London Jury, before Mr. Common Serjeant.
79. WILLIAM JOHNSON was indicted for feloniously uttering, to William Nixon, a forged request for the delivery of 2 reams of brass wire, with intent to defraud Samuel Lloyd Harford and others, well knowing it to be forged ; to which he pleaded.
Recommended to Mercy . - Confined Two Years .
FRANCIS ALLEN . I am a baker . The prisoner was in my employ an a journeyman for about ten days - he had a guinea a week, and a half quartern loaf a day to take home, besides what he could eat on the premises: on the 23rd of November I saw him going out - I stopped him, and in his hat I found some flour, concealed in a night-cap; I had flour of the same description on my premises - it was worth about 1s.; he was about having his usual allowance when he was going out.
Cross-examined by MR. LEE Q. Did you find any thing else? A. Yes, some bread - he was to ask me every day for a loaf to take home, and I gave it him; he always took it out of the house - he never purchased any thing of me; I know the bread was mine, because I had seen it in a copper, concealed, but I am not charging him with that- he acknowledged the flour was mine, both on the 23rd and 24th; he said he had taken a little flour for his family; I had not said it would be better or worse for him - I never allowed him to take flour or bread, and to account for it to my wife.
The prisoner received a good character.
GUILTY. Aged 25.
Recommended to Mercy by the Jury and Prosecutor .
Confined Six Months .
JAMES SMITH . I am a coal dealer , and live on Lambeth-hill. The prisoner was in my service, and had to carry out coals and to receive money for them - I have a customer, named Cottingham; he owed me 4s. for a sack of coals; I had another customer who was indebted to me, but I do not know the name.
WILLIAM BRODIE . I live on Peter's-hill, Doctor's-commons . On the 23rd of November I paid the prisoner 4s. for a sack of coals which had been delivered for Mr. Joseph Oliver Cottingham - I gave the prisoner a memorandum to sign; this is it, (read) he said he could not write, and I wrote the body of it - he put his mark to it.
Cross-examined by MR. STURGEON. Q. He could not write? A. He said he could not - he asked me to read it over to him, and I did; I am a plumber, in Mr. Cottingham's service - I am in the habit of paying his bills.
MARY ANN BALLHOUSE . I live on Fish-street-hill. I paid the prisoner 6s. 3d. on the 25th of November, on account of Mrs. White, which was owing to Mr. Smith; I saw him make his mark on this paper, but I cannot read myself - (read).
Cross-examined by MR. STURGEON. Q. What description of house is this you live at? A. I do not know - I have been there two months; I do not know whether it is a house of ill fame - my mistress is a widow - I can swear to this paper by the cross; I paid it on the 25th.
WILLIAM BUCKMASTER . This last bill and receipt are my writing - the prisoner came to me on the 25th of November, and asked me to write it for him; he said the other was so dirty, he was ashamed to take it is, and I wrote this.
JAMES SMITH . I never received these sums of money- the prisoner never accounted to me for either of them; he lived nine months with me, had 12s. a week, his breakfast, tea, and sometimes supper, and a pint of beer now and then.
Cross-examined. Q. What was his habit of accounting with you? A. He should bring the money every day.
GUILTY . Aged 18. - Confined Three Months .
JACOB RUSSELL. I am a pawnbroker , and live in Fore-street . On the Monday evening before the 1st of November, I missed a shawl; I think it was on the 26th of October - it had been hanging in the centre of the shop, and was taken between six and seven o'clock; I have seen it at Mr. Capel's.
JACOB RUSSELL. This is my shawl - here is a bit of it which he left behind; Mr. Capel's is about half a mile from my house.
The prisoner put in a written Defence, stating that he had purchased the shawl of a man in Cutler-street.
GUILTY . Aged 34. - Confined Six Months .
82. THOMAS BIGWOOD was indicted for stealing, on the 2nd of December , 1 wooden tub, called a half-firkin. value 6d., and 32 lbs. weight of soft-soap, value 14s. 6d., the goods of Charles Tennant and others .
CHARLES THOROGOOD. I live in Somerset-street, Aldgate . About five o'clock in the evening of the 2nd of December, I saw a cart at the door of Mr. Johnson, with some casks in it; I soon afterwards saw the prisoner cross the road with this cask in his possession - I stopped him, and took him into custody.
WILLIAM JENNINGS . I was employed by Mr. Charles Tennant and others to deliver this firkin of soft-soap from their warehouse in Thames-street, to Mr. Johnson - I delivered part of them, and then missed this one from the cart; it is my masters', and is worth 15s.
Prisoner's Defence. I saw it in the kennel, and passed it once; I came back, took it up, and was going to take it to the light to read what was on it, when I was taken. GUILTY . Aged 21. - Confined Six Months .
83. WILLIAM STANTON was indicted for stealing, on the 26th of November , 1 hat-box, value 1d.; 1 pair of flannel drawers, value 4s.; 1 waistcoat, value 3s; 1 flannel petticoat, value 6s.; 2 pairs of stockings, value 5s.; 1 pair of muslin leggings, value 1s., and 2 shifts, value 13s. , the goods of Henry Brand .
PHILIP DONNELLY. I am servant to Mr. Henry Brand . On the night of the 26th of November, I left his errand-cart in Giltspur-street , opposite the White Hart - Tullett was in the cart; I went into the public-house, and came out in about a quarter of an hour - I saw the prisoner on the front of the cart, and asked what he was doing there; he jumped down with this box in his hand. - I collared him; he said he had made a mistake, and thought it was his brother's cart - I asked his brother's name; he said Gibbons, of Barnet - I said there was no such name; he said it was a mistake altogether - I gave the box to Tullett, who had been asleep in the cart; I had seen the box in Tullett's hand in the public-house, and he put it into the cart - it belonged to Mr. Holmes; we had taken a box of clean linen to him, and had this box to take back to Camberwell.
Prisoner. I was on the front of the cart, but did not take the box - I saw it when I got up, and left it there when I came down. Witness. No, it was in his hand.
RICHARD FRANCIS TULLETT . I live in Cork-street. I put the box as far as I could into the back of the cart I went in the cart, and fell asleep; my fellow-servant called me - I got out, and saw he held the prisoner by one hand, and I had the box in the other; I had received it from Mr. Holmes. Star-court, Bread-street, Cheapside - it was to go to Mr. Gold, Southampton-street, Camberwell.
Prisoner's Defence. I was passing, and saw the box on the front seat; I got up and saw no one there - I got off to go into the public-house, and this man caught me; I said I thought it was my brothers - I got out on the other side, and went round the cart; I could have got away if I had chosen.
GUILTY . Aged 20. - Confined Six Months .
84. GEORGE DAVIS and JOHN SLATER were indicted for stealing, on the 29th of November , 24 yards of serge, value 12s. 6d.; 2 blankets, value 24s. 6d.; 244 yards of flannel, value 7l. 12s., and I hempen wrapper, value 1s. 6d. , the goods of Sarah Francis .
DANIEL FORRESTER. On the evening of the 29th of November, I was in Bishopsgate-street , near the London tavern, about half past six o'clock - I saw two persons cross the road behind an errand cart; they turned to the right, then one of them turned short to the left, walked a little way, and made a full stop - I suspected something. went on to Leadenhall-street, and then turned back; I then saw a cart coming along with three persons behind it - when it came near the print shop, one of the persons crossed the road, and directly after this truss fell from behind the cart; the three men took hold of it and it was pitched on a man's back - Davis, the prisoner, then took hold of the back part of it, another man then took it across his shoulder and carried it into Leadenhall-street; when they got there I went and took hold of Davis, who had the hind part of it, with my right hand, and the other man who had hold of the side of it ran away - I took hold of the man who had the front of it with my left hand; he struggled very much, and at last got out of his coat and waistcoat, left them in my hand, and got away - a gentleman named Wilson came to my assistance; I told him, if possible, to secure that man, and Slater, the other prisoner was brought back to me without his coat and waistcoat, and I believe, without his hat - I could not swear to his face, but I had not let Davis go at all; when Slater came back, he asked me to let him put on his coat and waistcoat - I did not give them to him there, but took him to the Mansion-house; he there put them on - there was this knife found on Slater; I did not see how the truss had been secured.
Davis. Q. Did you see me among the three men? A. I cannot swear to any of them till I saw you with the truss; you made no resistance.
Cross-examined by MR. LEE. Q. What time was this? A. Half-past six o'clock; it was dark - that is a great thoroughfare; there were other persons - I cannot tell where the carter was at the time the truss fell; I cannot say it did not fall by accident, or that the persons I afterwards saw with it were those I first saw with the cart- the third person got away; they had got thirty or forty yards from where I saw the truss fall when I took them.
JOHN WILSON . I heard the officer call for help while he was struggling with these men - Slater ran across the road without coat and waistcoat; he was stopped by another person and brought back.
SAMUEL CHAPMAN . This truss contained the flannel, the blankets, and the serge; the value of the whole was 11l. 7s., including the wrapper - we sent it from the Fountain, Cheapside, to Mr. J. G. Smith, of Tooting; Sarah Francis is the proprietor of the cart by which it was to go.
Cross-examined. Q. Were you the person who sent the goods? A. I am assistant to Mr. John Walkden , who sent them; I packed them up and our porter took them - the truss has the articles in it now, exactly as I sent them; here is a mark No. 69, on the wrapper - I recollect that was the number I sent; I received the letter from Mr. Joseph George Smith , and sent the goods as directed - I know him perfectly well; I only know by the book that our porter delivered the parcel.
STEPHEN GUTHRIE. I received the package. and tied it secure at the back of the cart; it could not fall without being cut.
Cross-examined. Q. What is your mistress' name? A. Sarah Francis ; she is a widow - I have been about six months in my mistress' service; I never recollect any package falling from the cart - it was tied tight with a strong cord to the two irons; the last time I left the cart was at the Black Lion, and I saw the parcel quite safe then - it was taken between the Black Lion and the Half Moon - the string was cut in three places.
Davis' Defence. I saw Slater, who asked me to help him up with this truss - I had hardly got it up when the officer came, and took me.
Slater's Defence. I saw this truss, and was asked to carry it - I took it up, and it fell; I asked Davis to help me up with it, and we were taken.
The prisoners received good characters.
DAVIS - GUILTY . Aged 20.
SLATER - GUILTY . Aged 22.
Confined Six Months .
85. JOHN SMITH was indicted for stealing, on the 13th of August , 1 watch, value 2l.; 1 watch chain, value 6d.; 2 seals, value 5s.; 1 watch-key, value 1s. 6d.; 1 ring, value 1s. 6d.; 2 half-crowns, and 1 sixpence , the property of James Livick .
MARY LEE . I live at the Coopers' Arms, Tower-hill , and am a widow. On the afternoon of the 12th of August the prisoner came to my house, engaged a bed, and paid 1s. - he said he was going to Hackney, and probably might not return; he, however, came in the evening, about seven or half-past seven o'clock - he went to bed about ten; soon after five the next morning I heard him tap at the door to be let out - there is but a slight partition between my bed-room and the staircase, and there is a door at the bottom of the staircase; I got out of bed, and knocked to know what he wanted - he made no reply; this awoke the person he had robbed, and I heard a scuffling on the stairs - I did not know him before, but am quite certain of his person.
JAMES LIVICK. On the night of the 12th of August I slept at the Coopers' Arms - I was roused in the morning by a noise; I missed my watch the first thing, and then the money from my trousers - no other person slept in my room; I went down, and found the prisoner at the staircase door - he asked if there was no way out; I said, "No, not for you at present; you have been in my room and robbed me to-night;" he said, "Don't make such a noise;" I told him I would not leave him an inch till I got my watch and money - he went up to the first landing place, and I called a young man; the prisoner then gave my watch into my hand - I took it, and said,"Now, there is the money;" he took the money, which is stated, and gave it into my hand; I went into my room to get my clothes on, but left the room door open to keep an eye on the stairs, to see that he did not go away - he went into the second floor room, in which he had slept; I went into that room, the window was open, and he was gone - the window is low; I have not the least doubt of his person - I conversed with him before he went to bed.
JOHN ALLINGHAM . I am a constable of Tower-ward. I took the prisoner on the 25th of October, at the Coopers' Arms; the servant came to me - I told him I must take him for a robbery at that house; he said he knew nothing about it.
Prisoner to MRS. LEE. Q. Is your house in the City? A. Part of it is; the part where you committed the robbery in is in the City - I swear you are the person who took the lodging that night; I lighted you up stairs - your bed did not appear tumbled; you came to the bar several times that evening - you wore a jacket, and appeared rather in liquor.
Prisoner to JAMES LIVICK. Q. Can you swear I am the person who gave you your watch and money? A. I do swear it positively; there are tiles sloping down from the windows - I identified you at the Mausion-house; it was quite light in the morning.
Prisoner's Defence. They could not swear to me before the Magistrate - I never slept in the house that night at all; he swore before the Magistrate that he did not know me - let humanity be your leading star.
GUILTY . Aged 45. - Transported for Seven Years .
JOHN GEORGE GOODWIN . I am thirteen years of age I am in the employ of Mr. Thomas Peters, of Ratcliff-highway, as errand-boy . I left him in the evening of the 9th of November to go to Mr. Dean's, in Fore-street, to get two cheeses, which I was to take to Mr. Stevens', in Long-lane, Smithfield - in going along Whitecross-street I met the prisoner; I had the two cheeses on my head, and some butter on the top of them in a basket - I asked the prisoner to give me a lift down with them; he said I had a heavy load; I said Yes - he asked which way I was going- I said to Long-lane; he said he was going that way directly, and he would help me to carry them - we got on to the Red Cow, at the corner of Cloth-fair - he had the two cheeses then, and he ran away with them; I left my basket of butter in a linen-draper's shop and ran after him, but lost him - I saw him again on the Tuesday following in Upper Whitecross-street, as I was standing outside a shop;
Prisoner. Q. How was I dressed? A. In butcher's clothes.
EDWARD WELCH . On Tuesday, the 9th of November, I was going up Barbican - I saw Goodwin with a basket, standing crying in the street - he said he had been robbed of two cheeses; on the Monday or Tuesday following. I was in my mother's shop, and saw the prisoner crossing the road towards me; he said the boy had accused him of taking two cheeses - he said he was not the man the boy said he was - he was about to run away; I caught hold of him, and told him to come into the house, which he did - he answered the description which the boy had previously given.
MARY BLACKLEDGE . I am the wife of John Blackledge - we lodge in the same house with Welch, in Play-house-yard. On Tuesday, the 9th of November, I was in Redcross-street, and saw Goodwin with a man in a dark dress and an apron - I heard Goodwin say to him, "I do that every Friday and Saturday," but what it was I do not know.
THOMAS PETERS . I live in Ratcliff-highway. Goodwin was in my service for about ten months - I desired him to fetch the cheeses, and take them to Long-lane, Smithfield; he returned about eight o'clock, and said he had lost them I discharged him immediately.
Prisoner's Defence. I ran because I had my wife's bonnet, and did not wish it to be squeezed.
GUILTY . Aged 26. - Confined Fourteen Days .
THOMAS ALLEY . I live in Wheeler-street, Spitalfields. On the 1st of November, in the evening, I was walking along Aldersgate-street , coming from Newgate-market - when I was near Little Britain, I saw the prisoner and two or three others together behind me; I received a little bit of a push, and lost my watch all in a minute - I saw the prisoner run, and pursued him on the Jewin-street; I called Stop thief! I followed him to a court, and the watchman took him in my presence - I had not lost sight of him till he got into the court, when I lost sight of him for about three minutes; the watch has not been found - I had observed his person; the man I pursued was the man who was stopped - I had not seen the face of the person - I considered it was the prisoner because he ran away; the watchman said he was the person who ran up the court - I had noticed his dress and figure; I pursued the only man I saw running.
JAMES LODGE . I am a watchman of Aldersgate-street. I was at the corner of Long-lane, about half-past nine o'clock, on the 1st of November; I saw the prisoner running from Jewin-street - he saw me, and turned round into Barbican, ran up a court, and I went and took him.
Prisoner's Defence. I was in Aldersgate-street - a person tapped me on the shoulder, and asked for his watch; I was frightened, and ran away - the prosecutor was quite intoxicated.
NOT GUILTY .
OLD COURT. SATURDAY, DECEMBER 11.
Third Middlesex Jury, before Mr. Sergeant Arabin.
88. THOMAS HARDWICK , was indicted for stealing, on the 4th of December , 2 bushels and 2 pecks of oats, value 9s., the goods of Sir Charles Flower , Bart , his master ; and JOB RUTHERFORD was indicted for feloniously receiving the same, well knowing it to have been stolen .
MESSRS. ALLEY and ADOLPHUS conducted the prosecution.
SIR CHARLES FLOWER , BART. I reside at Hendon, Middlesex . The prisoner Hardwick was in my employ, as carter - the Black Cap public house is in the way from Hendon to my town house in Russel-square; it was his duty to convey things there, and he had three horses under his care - he has been nearly two years in my service; I placed confidence in him till I saw my horses falling off and getting very poor, having before been very fine horses; one of them cost me sixty-five guineas, a year and a half ago - this excited my suspicion; I had always given the greatest plenty of the best corn for them - I generally bought twenty-five or thirty quarters at a time. On the 4th of December I was coming to town in my carriage, and on stopping at my house a Police-officer gave me information - I went to Battle-bridge station, and found Hardwick in custody, with my team; I did not hold out either threat or promise to him - I said, "Why, Hardwick, how could you be guilty of such a thing; the great wages you have, and the kindness myself and family have always shown you" - I told him what I had heard from the office that he was charged with; he said it was his first offence, and he hoped I should forgive him - I said I could not do any such thing, but after the kindness he had received I was astonished that he could do such a thing; he still begged forgiveness - I said I could not attend to it; I went before a Justice and he was committed - he had no authority to take any corn whatever out of his stable; the horses should be fed before they come out of the stable in the morning, and again when they go home at night - there was no licence for the carters to take any corn out of the stable; they take a bottle of hay - my house is ten miles from town - he had no authority to dispose of any corn of mine.
Cross-examined by MR. LEE. Q. I take it for granted you had a character with him? A. my bailiff attends to that - I never inquired about his character; I am a good deal in town, and seldom attend to the men - he always kept the key of the corn that was given out for the horses; the bailiff placed the corn in a particular bin, of which he kept the key - I believe the prisoner was going to Finsbury-square, with a load of hay, that morning; I believe his wages were about 18s. a week - it was 15s. or 16s., and he
MR. ADOLPHUS. Q. Is a certain quantity of corn put into the bin for the horses? A. These two sacks he took himself from the waggon; he told me himself he took them and put them into the bin on the Thursday afternoon - when I went down to Hendon I had my corn measured, and after deducting a proper allowance for the horses, there were two bushels and a half deficient.
MR. LEE. Q. Can you take on yourself to say whether the horses had their corn that morning, or whether it was for them? A. I know nothing about it, but if they had had it there was that deficiency - he was not allowed to take the corn with him instead of feeding them in the stable, and I never knew it done.
PHILIP WEBSTER . I am an officer. About half-past eight o'clock in the morning of the 4th of December, I saw the two prisoners at the Black Cap, at Camden-town- there were four persons together, and a cart loaded with hay; I watched, and walked by them to the end of Park-street, which is about fifty yards - suspecting something, I waited a few minutes, and saw one of the four, I believe Hardwick, get out of the cart; I saw him pull up a sack of something from between two trusses of hay; it appeared about half full - he delivered it into the hands of Rutherford, the ostler, who was close at the side of the cart, and received it from his hands - he then went up the passage with the sack on his back; I ran as quick as I could, and just as he put it down off his back, at the corner of the building - I said, "What have you got here?" I then said, "Who does it belong to?" he said he did not know; I asked him what it was, and he said he did not know - I caught hold of the sack, and said,"Then I must know;" I brought it back to the cart, he walking before me - I then said, "Where is the carter?" and just at that time Hardwick came out of the public-house door; Rutherford said, "This is him;" I said to Hardwick, "Is this your corn?" he said, "Yes, it is;" I then said, "What was you going to do with it?" he said, "I was going to give it to my horses - they have not had any for these eight days, and as I was going to town I thought it would do them good;" I said, "What, all this, impossible! - here are at least two bushels of it;" I then untied the suck, in the presence of both the prisoners, put my hand down, and brought oats from the bottom of it - it was all corn; I tied it up, pulled out my staff, and said, "My name is Webster - I belong to Lambeth-street Office, and you must both consider yourselves in custody," and begged they would not go away; I asked somebody to go and get another officer, as I had from one hundred to one hundred and fifty people round me, hooting and hissing me; Rutherford said,
"I shall not wait for you - I shall go about my business;" he then went to the right side of the horses, took some hay from the cart, and began to feed the horses - I saw a man who I knew, and gave him the corn to take care of; during this time Hardwick walked up the passage - I followed him as quick as I could; I got looking into the different buildings for him, and in what I believe to be the stable, I saw a cask, with the head out - it was half full of clover chaff, mixed with a few oats; I came out of the building, and saw Hardwick coming out of the passage, towards me - I took him down to the bottom, and three or four Policemen came; I gave them both in charge - I then went to look for the corn, and the man I left with it said it was gone; somebody had taken it - I immediately ran up the passage, and within six paces of the stable where I had seen the cask, a man ran out with an empty sack on his shoulder - he got on a high wall, over some timber, and made his escape; I went back, examined the cask, and found it filled up with oats - I was examining the stable, and looking at the corn (the Policemen had let Rutherford go) - he came running up the passage after me, and said, "You have no business here - you have got no warrant;" he took me by the collar, and said, "If you don't go I will knock you down;" I said I knew perfectly well what I was doing - I then came out, and a young man said to Rutherford, "Knock him down - knock the b-r down;" I brought him down the passage again - Mr. Butt, the publican, said, "Don't take any notice of that man; he is only a busy meddling man - go to your horses, and take no notice of him:" I put my hand on Butt, and said, "Don't you meddle with me;" he said,"If you put your hand on me I will knock you down;" the ostler stood behind the cart - I said to the Policeman,"Take that man into custody;" he said he would not go; I took hold of him myself, and gave him to the Policeman- I said to Hardwick, "Now, wherever you are going with the hay, I will go with you;" I gave him into custody at last, then went to inform Sir Charles Flower , and got the oats; Sir Charles' name was not on the cart, but a gentleman in a gig told me it was his.
Cross-examined. Q. Do not you know it is very common for persons on a journey to leave packages at inns? A. Very - I do not consider this was the case here; chaff is very rarely given to horses alone at inns - the oats laid by themselves; there was not sufficient time to mix them; I am not certain that it was Hardwick who delivered the sack from the cart - I believe the corn found to be the same as I had given the man to mind; he is an old man, and I do not believe he saw it taken away - he is not here; he kept his eyes on me all the while - he said he did not know who took it, and which way he was gone; Rutherford certainly could have absconded - he followed me to interrupt me from going to the cask.
MR. LEE. Sir Charles has said his horses got out of condition - I ask him if he allowed them to go from his town-house, ten miles there and ten back, without food?
SIR CHARLES FLOWER. No, they had a bottle of hay, which is a truss.
Hardwick's Defence. When I got to Battle-bridge, Sir Charles Flower got out of the carriage, and asked how I came to do so - I told him that they had had no corn for eight days, and I was going to leave it at the Black Cap, to give it them when I returned; the bailiff can prove they had no corn for eight days - he told me to take two sacks into the stable.
Rutherford's Defence. He said to me, "I am come to
WILLIAM ROBINSON . I am the bailiff. I gave Hardwick two sacks of corn for the horses on Thursday, the 2nd of December - I shot them from his him; the robbery was on Saturday - there was quite sufficient for the horses; there ought to have been two bushels more in the bin, if they had had their allowance.
HARDWICK - GUILTY . Aged 33.
Transported for Seven Years .
RUTHERFORD - NOT GUILTY .
Second London Jury, before Mr. Justice Littledale.
89. EDWARD CARTWRIGHT was indicted for that he being a person employed by and under the Post-office of Great Britain , feloniously did secrete and steal a certain letter, containing ten 5l. Bank notes; one 5l., one 37l., one 20l., one 30l., one 26l., and one 27l. 12s. bill of exchange, the property of William Standfield .
SEVEN OTHER COUNTS, varying the manner of laying the charge.
MESSRS. GURNEY and SCARLET conducted the prosecution.
WILLIAM STANDFIELD. I am traveller to Thomas Turner and John Yeomans , of Sheffield. In October I was at Chertsey, in Surrey, and remitted ten 5l. Bank notes and some bills to my employers at Sheffield (looking at ten 5l. Bank notes) - these are the notes; I inclosed them in a letter, which I put into the Post-office at Chertsey, on the 19th of October.
ELIZABETH RATTEN . I am post-mistress of Chertsey. A letter from there to Sheffield would be sent in our bag to Staines, and then to London; on the 19th of October the bag for Staines and London was sent in the usual manner - it was locked, and left Chertsey at five o'clock; Giles carried it.
THOMAS GILES . On the 19th of October, I carried the mail-bag from Chertsey to Staines, and delivered it locked at the Post-office, the same as I received it from Ratten; I locked it myself at Chertsey, unlocked it at Staines, and delivered out the letters to the post-mistress Elliott.
MARY ELLIOTT . I am post-mistress of Staines. On the 19th of October, about seven o'clock in the evening, I received the letters from Chertsey, in the usual way, from Giles, in the office - I saw him open the bag and take them out; a letter addressed to Sheffield would be forwarded by London, next morning at half-past four o'clock - I dispatched the London bag, sealed in the usual way, on the morning of the 20th.
Cross-examined by MR. PHILLIPS. Q. At what time? A. About half-past four o'clock - my daughter assists me in the office, but was not in the office that evening; I was in the office from the time the bags were received till a quarter or twenty minutes to nine o'clock, and then only went into the parlour adjoining to get a crust of bread and cheese - I returned again into the office; I took the bag up stairs with me at night, and gave it to the guard in the morning - my daughter was at work in the parlour, and was not in the office at all that night; I remember the night, because I weighed two packets, and I received a letter from the Post-office about this in about a week I think - I have no servant; there is a key to the bag at Chertsey, and another at my office.
MR. GURNEY. Q. Did you return from the parlour into the office? A. I did, and remained there till I sealed the London bag with the office seal - Giles unlocked the Chertsey bag with my key; I took the bag up stairs, and delivered it to the guard in the morning.
CHARLES JOHN BEETSON . I am a clerk in the Bank of England. On the 20th of October, I believe the prisoner to be the person who came to me at the office, about four o'clock, and presented ten 5l. Bank notes to be exchanged for gold - I sent him to write his name and residence on them, which we always require; he left the table for that purpose - I did not see where he went; he came back in a short time, and presented me with these notes - I can swear to two of them; he has written on each of the ten, " Edward Winston , Wilton-terrace" - I asked him where that terrace was; he said at Knights-bridge, and I wrote Knightsbridge under the words Wilton-terrace - I then asked what he wanted for them; he said sovereigns, and I gave him sovereigns on the counter - I either counted them or halved one hundred; we keep bags of two hundred each - we have them by weighing them; I put them on the counter - he took them up without counting them, and put them into his pocket; he left the table, and as he was going away he turned round and looked towards me - I remarked his person generally; I had never seen him before - I believe him to be the person, but certainly have a doubt from seeing so many persons.
MR. GURNEY. I have no circumstances whatever, my Lord, to carry this further, and think I ought at once to give the case up, as the witness has a doubt.
NOT GUILTY .
Third Middlesex Jury, before Mr. Baron Vaughan.
90. HENRY HART and JOHN LEE were indicted for feloniously assaulting William Anderson , on the 15th of November , putting him in fear, and taking from his person, and against his will, 18s., his monies .
WILLIAM ANDERSON . I live in Cannon-street-road, and am a manufacturer of sealing-wax and wafers . On the 15th of November, at two o'clock in the morning, I was at Morris public-house Whitechapel, and saw Hart there; I had only gone in to have a glass of rum and shrub - I was out in about two minutes; he wished me to treat him in the house - I refused, and went out directly I got my change; he followed me immediately, at three or four yards distance - and, on going through Spectacle-alley , which is about six houses further, I looked round and saw both the prisoners in company; they approached me, but said nothing; when I got to the end of the court I looked round, not liking to be molested, as they came round me and hustled me about; I was obstructed by them - I looked round, did not like their appearance, and walked on - they followed me still quicker four or five doors further,
Cross-examined by MR. PHILLIPS. Q. Where had you been to? A. To my uncle's, at Lambeth - I was not aware that it was so late; I went there to tea about five o'clock - I had been to no other public-house that evening; I was not perfectly sober, I was not drunk - I should not have fallen if a foot had not been put out; I should not fall from drunkenness - I do not think any body was with me but the prisoners.
Q. Why did you thank them for their kindness if you was thrown in the mud? A. I was so surrounded with mud, if I had moved I should have been covered - I did not like to charge them with it; they walked as far as Plummer's-row, about thirty houses, after that - I was not aware that they had robbed me; I saw no watchman to inform of it - I had not presence of mind to return to the public-house; I am quite satisfied I had 18s. in my purse - this was a night-house; I was neither drunk nor sober - I had the rum and shrub because I felt cold, and am subject to take cold, and had no great coat; I was not violent at the watch-house, and did not want to fight the prisoners - I was quiet there; 14s. was found on Hart.
COURT. Q. What sort of a night was it - was the court lighted with gas? A. No - I could hardly see my hand before me in the court.
ROBERT CAMPPEN . I am a Policeman. On the 15th of November, about a quarter or twenty minutes past two o'clock, I saw two persons run down King-street, and at the corner of Battie-street I stopped the two prisoners - that is about thirty yards from King-street; there is a court half-way down King-street - I stopped at the end of King-street; I suppose they saw me, and ran down the court - I think it is Well-court; I heard one say to the other, "Through this court" - they ran through it; it leads into Battie-street - I made for Battie-street, and at the corner of Battie-street, seeing them running at that hour in the morning, I took them into custody, with the assistance of a brother officer, and in a minute or a minute and a half, I saw the prosecutor - he came up while I was asking why they were running, and stated that he had been robbed by two men; I said I had stopped two - he immediately identified them as the persons who had robbed him; I searched them, and found 11s. 6d. in silver, and 8d. in copper, on Hart - I was present when a sixpence was found on Lee; my brother-officer and Elliott brought the purse up about two minutes after I took them, just as the prosecutor came up; and said he had picked it up at the corner of Greenfield-street, Commercial-road, which is across the Commercial-road, on the opposite side - a person coming from the court I saw them in, would not be in Greenfield-street, but I did not see them till they ran out of the Commercial-road, into King-street; they could pass Greenfield-street, between that and where the robbery was committed - the prosecutor claimed the purse; he was certainly not sober - he had been drinking, but was quite capable of taking care of himself, and know what passed.
Cross-examined. Q. Was there any money in the purse? A. No - 12s. 8d. was found altogether on the prisoners.
Q. Was not the prosecutor in such a state that he might easily mistake a man? A. If there was no gas-light there, there was one very near to where he was robbed, which I should think, is about sixty yards from Morris' house, the Yorkshire Grey; he pointed the place out to me - there is a light within ten or twelve yards of it; it was not a very dark night - I have seen it lighter; it was not moonlight; I will not swear the men I first saw running were the prisoners - they were running towards me.
ROBERT ELLIOTT . I am a Policeman. On the morning of the 15th I was in Greenfield-street, Commercial-road I heard a shuffling and sort of running noise, which excited my suspicion; it proceeded from the Commercial-road - I did not see the persons till I came up to them in Battie-street- the place where I heard the noise is in a straight direction from the spot the prosecutor describes himself to have been robbed; I saw no other person there, nor any person running - I lost the sound all at once; when I came up to the top of Greenfield-street, I found the purse laying under a lamp, at the corner of Greenfield-street and the Commercial-road - I took it up, and have it here; immediately on taking it up I heard a noise in Battie-street, like five or six persons talking - I went there, and found the prisoners in custody; the prosecutor came up at the same time - I saw them searched; sixpence was found on Lee, and 11s. 6d. and 8d. on Hart - the prosecutor was evidently the worse for liquor, but quite capable of taking care of himself; he claimed the purse immediately he saw it - I asked the colour, and he told me before I showed it to him.
Cross-examined. Q. There was no silver in the purse?
Hart's Defence. I met Lee in Ratcliff-highway - we were going home, and as we went along we were taken into custody by two Policemen - the gentleman came up, and said, "These men have robbed me of a watch, seals, and 2l.;" at the station-house he said he had lost 24s., but not his watch; he afterwards said it was 26s.; he said this in the Policemen's presence and at the station he said,"Are you two Jews?" I said Yes - he said, "Come out of doors, and I will fight you;" the Policeman brought him away and said, "You must not fight here;" he said,"You d-d rascals, I will do any thing to you."
ROBERT CAMPPEN. The prosecutor said he had no doubt, had it not been for his guard his watch would have been gone, and that he had lost about 1l.; he did not challenge them to fight at all. nor did I interfere to prevent it- I never left them together out of my presence.
HART - GUILTY of stealing from the person, but not with force and violence . Aged 18. - Transported for Life .
LEE - NOT GUILTY .
Before Mr. Justice Littledale.
MARY RILEY . I live in Shakspeare-walk, Shadwell - I have a shed attached to my house; I go from the kitchen into the shed without going into the open air - it is under the same roof as the house; this bell is hung on a half-door in the shed in the day time, and at night it is taken off and put on a large door, which closes in that part of the house, to give an alarm if necessary - I was called up by my servant between six and seven o'clock in the morning of the 3rd of December.
ELLEN FINNEGAN . I am Riley's servant. I got up about six o'clock in the morning, and missed the bell - the door, leading from the shed to the yard, was wide open; the glass was taken out of a window near the shed door -I had fastened the door inside with an iron bolt, which was undone; the window is about five feet from the ground- a person could not get in at the window unless somebody helped him up; the glass was taken out sufficient to let a small person through - it was not broken, but taken out in one piece; I fastened the shed the night before - nobody went there after me; the door was bolted, and the window safe - it does not open; the bell was on the shed door, which is the street door, and which comes into the coal-shed - mistress saw me hang it there at eleven o'clock at night.
WILLIAM CLAPSON . I am a Policeman. About half-past seven o'clock in the morning in question, I examined Riley's premises, and found an opening where they said there had been a window; I afterwards saw the glass in the yard, partly broken - there had been six squares in lead; it appeared to have been taken out altogether - it had been nailed in with small brads; it fitted the hole - it would require very little force to get it out; it was about five feet five inches from the ground - I could not get in there without standing on something; neither of the prisoners could get in from the ground - this is a corner house, and all the houses there have yards to them; I apprehended the prisoners in about an hour, at their father's house; the back of his house is but a few yards from the back of the prosecutrix's premises; they could get over the fence of their father's yard, and I traced steps from there into three different yards - the fences are board, six feet high; there were footmarks on the dirt in each yard, of feet without shoes or stockings; I could see the marks of the toes and heels - I could not tell whether there had been one or more persons; the father let me in; he was not dressed - I spoke to him, then went into the next house, which was empty, and there found a bell; the back door was open, the front one shut, but not fast; I went up stairs in the father's house, and saw both the prisoners dressed, except their stockings and shoes; neither of them had slippers on at that time - the eldest put on slippers afterwards, and they found a pair for the other before he left.
Q. Did you not say before the Magistrate that they had no stockings on, but the eldest had slippers on, (looking at his deponition.) A. They have taken me down to say so - neither of them had slippers on when I went up.
FRANCIS FAGAN . I am an inspector of a Police division. The prisoners were brought to the station on Friday, the 3rd of December, between eight and nine o'clock in the morning; nothing was said to induce them to confess any thing -Joseph cried very much, and said to the other, "You know you knocked me up this morning at four o'clock, to go and steal these things." or words to that effect - the other said, "It was you got in at the window;" I asked John what could have induced him to commit the robbery; he said he did not know, and seemed quite careless about it -I asked if they had had any food that morning, they appeared in so wretched a state, I thought they were starving - John said he had had a little bit of bread; I asked how many brothers and sisters he had - he said, "There sisters and one other brother;" they were charged with stealing six aprons and a gown.
MRS. RILEY. This is my bell - I know it by a mark on it; there is a piece broken off the iron spring, which was done to make it fit - I saw it last about eleven o'clock at night; I found the casement of the window in the yard, about one o'clock - I had seen the premises fastened that night.
NOT GUILTY .
92. JOHN CHILDS and JOSEPH CHILDS were again indicted for stealing, on the 3rd of December , 3 aprons, value 3s., the goods of Mary Riley ; 2 aprons, value 2s., the goods of Ellen Finnegan ; and I gown, value 3s., the goods of William Gardener .
MARY RILEY . When I was called up on the morning of the 3rd of December, I missed these things off a line in my yard - I saw them safe between ten and eleven o'clock at night, when the house was fastened up; the yard in all inclosed.
ELLEN FINNEGAN . On the afternoon of the 2nd of December I hung these things in the yard - I saw them safe about eleven o'clock at night, when I fastened the door; I went into the yard about a quarter-past six next morning, and they were all gone.
NOT GUILTY .
Before Mr. Baron Vaughan.
JOSEPH BATTERBEE . I live Gray's Inn-terrace. On the 2nd of November, about a quarter-past three o'clock in the afternoon, I was opposite the Horse Guards' gates , and missed a blue silk pocket handkerchief, which I had safe a minute or two before - there were a number of persons there; I found it in the hands of Betraun.
ANGELIOUS BETRAUN . I am a special constable. On Tuesday, the 2nd of November I was at the Horse Guards, and saw the prisoner with two more, standing behind the prosecutor - I watched him, having suspicion; the prosecutor went with the mob - the prisoner turned on his left and the other two on the right; I went and asked the prosecutor if he had lost any thing; he said."Yes, a blue handkerchief" - I turned round and saw the prisoner in Kennerly's custody - I found this blue handkerchief in his trousers pocket, which the prosecutor claimed.
JAMES KENNERLY . I was at the Horse Guards, and saw the prisoner following the prosecutor through the gate; I saw his hand in the prosecutor's pocket, and saw him take it out - he put it into his left-hand trousers pocket- I could not see what was in his hand; the prisoner went to the left, and the others to the right - when the prisoner saw Betraun go and speak to the prosecutor, he made towards the gate; I went and secured him - he attempted to get away; Betraun took the handkerchief out of his pocket.(Property produced and sworn to.)
Prisoner's Defence. I was in a mob, and picked up the handkerchief; the officer came and asked what I had picked up - I told him a silk handkerchief.
GUILTY. Aged 19.
Recommended to Mercy by the Prosecutor .
Confined Three Months .
Before Mr. Justice Alderson.
94. WILLIAM DAVIS and JOHN HODGSKINS were indicted for stealing, on the 1st of December , 3 petticoats, value 4s.; 2 shifts, value 1s.; 1 towel, value 6d.; 1 handkerchief, value 6d.; 1 pair of stockings, value 1s., and 1 apron, value 2d., the goods of William Fowler ; 1 gown, value 8s.; 1 towel, value 1s.; 3 pairs of stocking-legs, value 6d., and 1 apron, value 2d., the goods of David Wilcox .
MARGARET FOWLER . I am the wife of William Fowler - we live in Starr-street, Paddington . On the 1st of December all this linen hung in my garden - I saw it safe at half-past six o'clock in the evening, and missed it about half-past seven; I found it next morning, in the possession of the Police - I have seen Davis lurking about my shop.
SUSAN WILCOX . I am the wife of Daniel Wilcox, and lodge at Fowler's. I saw my linen in the yard after twelve o'clock, and missed it at eight - I found the stocking-legs and towel in the possession of the Police.
RICHARD ADCOCK . I am a Policeman. I was in Edgware-road, and saw the prisoners come out of Market-street, a few minutes before seven o'clock; Hodgskins had something hanging out of his jacket pocket, and Davis had something in his hat - I pursued them; Hodgskins turned round, saw me, and called out Police! he ran off; I crossed over, hit Davis over the head with a stick, and knocked his hat off, in which were three pairs of stocking-legs; and a towel in his bosom; I found a towel round his waist, and an apron, and in his pocket a clothes line - I deseribed Hodgskins to a Policeman; he was apprehended on Monday night, and I pointed him out as the man - I am certain they were both together; something white hung out of Hodgskins' breast, but I could not discern what it was - I knew him before.(Property produced and sworn to.)
Davis' Defence. I have not been near Paddington-market this two months - the Policeman swears false; I live over the water.
Hodgskins' Defence. It is quite false to say I was with Davis; I was a contrary road that night - Davis knows I was not with him; I live a few doors from the market.
DAVIS - GUILTY . Aged 18.
HODGSKINS - GUILTY . Aged 17.
Transported for Seven Years .
First London Jury, before Mr. Recorder.
MR. BODKIN conducted the prosecution.
WILLIAM WILSON SMITH . I am the son of George Smith , a wholesale fur manufacturer , who lives in Gough-square - the prisoner has been in his service three or four years. On the 8th of December I was desired by my father to conceal myself in one of the warehouses, about four o'clock in the afternoon, so that a person coming in would not see me; the prisoner had access to the warehouse - I saw her come into the long room, and bring up a lot of old work, which she had the superintendence of; I saw her put it down - she then walked round the room once, then came to the front counter, and took a fur tippet from there - she directly went out of the warehouse, carrying the tippet before her in her hand; she had no cloak on - my brother Edward came into the warehouse in about five minutes; I then came from my place, and informed him what had taken place.
Cross-examined by MR. PHILLIPS. Q. Has your father any partner? A. No; the warehouse was not kept locked - every body had access to it; there was a great deal of property about - the prisoner had an excellent character.
"Oh! pray, Sir - Oh! pray, Sir;" I believe that was all she said.
Cross-examined. Q. I think you said she had no business with the tippet in that situation? A. Yes; she was sometimes emeloyed to take one from one room to another; ladies do at times come to the warehouse.
JOHN HENRY DUMMERT . I am warehouseman to Mr. Smith. On the 8th of December, about five o'clock in the evening, I was desired to go out after the prisoner - I overtook her in Bolt-court, about six feet from Mr. Smith's gates; I told her she must go back with me, for Mr. George Smith wished to see her before she went any further - she went back with me; I saw the officer there, but was not present when she was searched.
SAMUEL WORSTER . I am an officer. I searched the prisoner in Mr. Smith's parlour, and found a tippet concealed under her cloak - she cried; I asked her how she came to act in that way, and what she was going to do with it; she told me she was going to take it for a lady to see - Mr. Smith and I then went to search her lodging, which he pointed out; we returned and went into Mr. Smith's parlour again - I told the prisoner she must go with me; she fell on her knees and implored forgiveness of Mr. Smith - she said, "I hope you will forgive me."
Q. Are you quite sure she said forgive, or Oh! pray, Sir? A. No, the word forgiveness was uttered.
Cross-examined. Q. Was not Mr. Smith present? A. Yes - I stood at the prisoner's side; Mr. Smith was not so near - he stood at the opposite side of the table, and he was in a very agitated state; I heard her say."Oh! pray, Mr. Smith, forgive me" - I cannot answer for what Mr. Smith heard, but solemuly declare the truth of what I have said.
GEORGE SMITH . I am a wholesale furrier. The prisoner has been about three years in my employ; I had employed her mother as a charwoman many years, and took the prisoner out of St. Dunstan's charity-school - this tippet is my property; the prisoner was never employed to carry tippets out of the house to ladies.
Cross-examined. Q. Would your mark be left on it if you sold it? A. Yes - we sell retail if a person happens to come into the warehouse, which may happen, but my business is wholesale; she would not be justified in taking it out - the mark is on the skin; I swear this was not sold, for it is a very peculiar one in point of colour, and has been in the warehouse all the season.
JURY. Q. Was the prisoner warehousewoman or what? A. I took her as a workwoman , but she was employed this year in managing the old work - she never has been employed to show tippets to ladies, or to take one out; nobody would be allowed to take one out without it first being booked.
GUILTY. Aged 18.
Recommended to Mercy by the Prosecutor and Jury, believing her to act under the influence of her mother .
Transported for Seven Years .
SOPHIA BURR. I am servant to Mr. Robinson, of No. 13, Cooper's-row , and lived there on the 31st of May, 1828 - my master is surgeon to the Custom-house. The prisoner came to the house between twelve and one o'clock that day, and inquired for Mr. Robinson; I said he was not at home - he said, "I mean young Mr. Robinson, the son;" I said he was not at home - he said young Mr. Robinson had been to the shop or warehouse, bought a bottle of patent ink, and said if he did not return by the time he brought it, I was to take it in and pay for it; I asked how much it came to - he said "3s. 6d., and here is the receipt;" I said I had only 1s. 6d. - he said, "Ma'am, I can get you change, I will go next door and get change;" I immediately went up stairs to my room, brought down a sovereign, and when I got to the bottom of the stairs, I said to him,
"I don't know whether I am doing exactly right by paying for this, as I have no orders from Mr. Robinson" - he said, "Oh, you need not be in the least afraid, you are perfectly right;" at that moment a knock came at the door - he was standing in the passage, he took the sovereign from my fingers, and the moment I opened the door he went out; I have not seen him since till he was apprehended - it was the baker at the door; he left the bottle and receipt behind him, and never returned with the change - the bottle contained some sort of black stuff, whether it was ink I do not know; Mr. Robinson gave me a sovereign at the end of the year - I described the prisoner to a constable when it happened; he was not taken till the 12th of November - I took very particular notice of him; there is an expression in his countenance which struck me very forcibly at the time, and I firmly believe him to be the man.
Prisoner. You said at the Mansion-house the person was not at the door two minutes or not so much. Witness. I said no such thing - he was there I should think nearly ten minutes before he got the sovereign.
JANE BATES . I live at the Rectory-house, of St. Olave, Hart-street - I went there in July, 1828. On the 12th of November this year, the prisoner came to the Rectory, and asked if the Rev. Mr. Murray was at home - I said not; he wanted to know when he would he home - I said some time in the course of the day; he then asked if the lady was at home - Mr. Murray is a single man, there is no lady there; I asked his business - he pulled out of a blue bag a bottle; I took it from him, and was going to shut the door - he then said he was to receive 3s. 6d. for it, as Mr. Murray had ordered it; I told him to come in, for I had no change, and he must wait in the passage while I went up stairs for it - I did not intend to fetch the money, as I had paid for a bottle once before; I called Dr.
Prisoner's Defence. As far as regards going to Mr. Murray's it is true, but I know nothing about the first prosecutrix.
GUILTY . Aged 26.
Confined Twelve Months , and Publicly Whipped .
JOHN LEE . I live at the alms-houses, White's-alley, Coleman-street . The prisoner was a stranger - he came into my room between ten and eleven o'clock on the 8th of October; I had wound up my watch shortly before, and hung it in my room - he had come the day before, on pretence of coming from Mr. Wyatt, the churchwarden, to see what repairs were wanted; he staid about a quarter of an hour - I am a shoemaker; he took up a shoe and said, "Bless me, do you do work, so old as you are?" I said Yes; he then said he would help me, and that a gentleman had left some money to be distributed among aged people who had seen better days; he came next day, the 8th, and said "You see I have thought of you" - I thanked him; he said, "You must go to the Feoffees office in the Temple, to receive 4l." - I thanked him very kindly; he wrote me a note, and called me Mister -I told him not to call me Mister; he gave me the note, and went as far as the New Post-office with me, then tapped me on the shoulder, told me to go through Foster-lane, and make the greatest speed I could - I went and did make haste; I had left my wife at home and did not lock the door - I went to the Temple, but did not get the 4l.; when I came home my watch was gone - I have not seen it since.
MARTHA LEE . I am the wife of John Lee . I know the prisoner, for he is the man who called on us the day the watch was lost - my husband went out with the prisoner; he returned before my husband, and said he had left his gloves behind him - I said I would go up and fetch them; he said "No, poor creature, I can go up better than you; I will go" - he went up to the room where the watch was hanging; he came down again, and said he had got them - he went out directly; I went up in half an hour and the watch was gone - it has never been found; nobody else had been to the house whatever.
Prisoner. She ordered me to go up to see if there were any gloves there. Witness. I did not; I offered to go myself.
CLEMENT WYATT , ESQ. I am churchwarden of St. Stephen, Coleman-street. I have no recollection of having seen the prisoner before this charge - he was not known to me; Lee and his wife in habit the alms-houses of our parish.
GUILTY . Aged 26. - Transported for Seven Years .
JAMES STOFFORD. I am a floor-cloth manufacturer , and live in Skinner-street. On the 16th of November, between six and seven o'clock, I was on the lower part of Holborn-hill , going home, and had a silk handkerchief in my pocket, which I used in Skinner-street, and put into my pocket safe - I felt something at my pocket just before I got to the church, opposite Shoe-lane; I turned a little on one side, and saw the prisoner pass me, folding up my handkerchief in hiss hand - there were two companions behind him; I let him pass a little, and observed his motions - one of the other two seemed to lift up the flap of my coat, where I had a pocket-book; seeing me observe them, they went up Union-court - I perceived the prisoner pushing the handkerchief under his coat, behind his back; I went up to him and told him he had taken my handkerchief - he said he had not, and that he had no handkerchief but his own; he pulled and old cotton one from his breeches pocket - I laid hold of him; he said "You are quite welcome to search me, you will find nothing on me;" I said I knew where the handkerchief was, and pulled it from under his coat - he had been all that time trying to shift it from under his coat; I gave him in charge - I should know the other two; I saw them about half an hour after.
Prisoner's Defence. I was walking up Holborn-hill; a strange boy passed me, forced the handkerchief in here and ran off up Union-court - I stood talking to them, and a gentleman took me.
GUILTY . Aged 18. - Transported for Life .
WILLIAM WADE . I am a tailor , and live on Holborn-hill . On the 8th of December, between three and four o'clock in the afternoon, this cloth cloak was taken from about a foot inside my shop - a witness came, and informed me it was stolen; one of my servants went out, the officer pursued, and brought the prisoner back with it, in about five minutes.
JOHN MORROUGH . I am a sailor. I was on Holbornhill, on the 8th of December, passing by Mr. Wade's - I saw the prisoner take a cloak from the door - I went and gave information, but did not follow him - I am quite sure. he is the person.
BENJAMIN CATMOLL . I am an officer. I went after the prisoner, and saw him run in a direction of Field-lane; I followed, and overtook him about half-way down the lane. - he was running with this cloak, which Mr. Wade claimed at the watch-house; I told the prisoner I took him for stealing that cloak from Mr. Wade, of Holborn-hill - he said nothing.(Property produced and sworn to.)
Prisoner's Defence. I had nothing to eat for a day be
GUILTY . Aged 33. - Transported for Seven Years .
100. GEORGE WILLIAMS was indicted for stealing, on the 27th of November , 1 portfolio, value 4s., and 88 pieces of stamped paper, denoting the payment of duties to our Lord the King, amounting to 29l. 4s. 6d., the property of William Stephens and another, in their dwelling-house .
WILLIAM STEPHENS. I am a stationer , and in partnership with Henry Irons - we carry on business in Throgmorton-street , but do not reside there; our servant lives in the upper part of the house; she and her husband are the only inhabitants - I was absent when this happened; I had seen the stamps about an hour and a half before - I left the house at half-past three o'clock, returned at a quarter to five, and found the prisoner in custody; and the portfolio, containing receipt stamps amounting to 29l. 4s. 6d.; the prisoner was a stranger.
Cross-examined by MR. PHILLIPS. Q. You have but one partner? A. Only one in that concern.
JAMES BULL . I am a porter to the prosecutors. On the 27th of November I had been to the Sun Fire-office with some things, and when I came back I saw the prisoner inside the shop door, with the portfolio in his hand; there was somebody in care of the shop - he had not been laid hold of; I asked what he was going to do with the portfolio - he said he was going to look at it; he was near the door, which opens close to the counter - there was nothing but stamps in the portfolio; I took hold of him - Mr. Irons then came from the other end of the shop; I told him this person had got the portfolio - he then put it on the counter - I said he had said he took it to look at: Mr. Irons sent for an officer, who had it delivered to him, I think.
Cross-examined. Q. Did you see the officer come? A. Yes, and heard all that passed - I never saw music in the shop; Mr. Irons is not here - he was serving a customer.
Q. Whether the prisoner was waiting till Mr. Irons had done with the customer and then to ask for what he wanted, you cannot say? A. No. - he made no attempt to run away; no other property of ours was found on him - the shop door was partly open when I came in; it is the same sort of portfolio as paper would be kept in - nobody could tell there were stamps in it.
JOHN BARNETT . I am a constable. I was sent for, and took charge of him with the portfolio - some of the stamps are cut and some not; I only found three halfpence on the prisoner - he had a great coat on his arm; he said he had a wife and four children, and he went down on his knees for forgiveness; Mr. Irons, Mr. Bull, and Mr. Lodge were in the shop when I went in.
Cross-examined. Q. The stamps were all in the book? A. Yes, he had taken none out - if I had not been at the shop before I should not have known it contained stamps.
MR. STEPHENS. This is the portfolio - it did not lay on the counter when I left the shop; it laid on the bench of the window, behind the counter - he could get it by reaching over the counter, without going round.
Cross-examined. Q. Can you tell whether it might not have been moved in your absence? A. No - the door opens against the counter, but it must be closed again before he could reach the stamps; he might certainly have got out of the door if he had had time - the shop is a long one; a man could buy 1d. worth of paper at our shop.
NOT GUILTY .
101. JOHN NICOLA was indicted for stealing, on the 5th of November , I watch, value 31l. 10s.; I watch-chain, value 3l.; I watch-key, value 13s., and 1 seal, value 1l. 2s., the goods of John Campbell , from his person .
COLONEL JOHN CAMPBELL. I live at Hampstead. On the 5th of November, about eleven o'clock in the morning. I had come to town from Chipping Ongar - I had a gold watch in my fob, with a gold chain, key and seals, worth thirty-five guineas together; I was in Aldgate , going towards 'Change, and just at the corner of Duke-street I felt a little pull at my watch-fob - I immediately felt, and my watch was gone; I saw a man running from me - I pursued, crying, "Stop, thief! that man has got my watch" - he never got out of my sight; I fell down in the middle of the street, but kept sight of him - he was stopped near the Minories by a gentlemen, who told me he had got my watch; I afterwards saw it, and knew it to be mine - I only saw one person running, that was the prisoner.
Prisoner. Q. Did you not see me pick the watch off the pavement? A. No; I saw him throw it on the pavement when he was pursued.
JAMES OLIVER . I am a builder, and live in Fenchurch-street. I was in Aldgate on the 5th of November; there was a crowd of people - I saw the prisoner put his hand in front of Colonel Campbell, and draw the watch from his fob; I pursued, and never lost sight of him; he ran from the corner of Duke-street to the Minories, and I saw him drop the watch from his left hand - I picked it up, pursued, and secured him.
SAMUEL PATRICK . I am a constable. The prisoner was delivered into my charge - I heard a cry of Stop thief! came up, Oliver had hold of him by the collar, and the watch in his hand.(Property produced and sworn to.)
Prisoner's Defence. I came out of the engine-house, saw the watch in the road, picked it up, and hearing a cry of Stop thief! I dropped it in the road.
GUILTY . Aged 42. - Transported for Life .
NEW COURT. SATURDAY, DECEMBER 11.
Third Middlesex Jury - before Mr. Common Sergeant.
FREDERICK FORD . I live in the New-cut , and am a shoe-maker . The prisoner was in my employ, and quitted on the 8th of September - I then missed a coat from my drawer, in the one pair room, which is my bed-room. On the 1st of November, when he came to my house, I said he had acted very wrong, and asked what he had done with the coat - he said he would procure it for me in a fortnight if I would employ him again; I saw him searched at the station-house - a purse was found on him, containing several duplicates, among which was this one, of my coat for 10s.
The prisoner put in a written Defence. stating that the prosecutor had authorised him to pledge clothes whenever in want of money.
FREDERICK FORD . I certainly have employed him to pawn clothes for me, but not this coat - I have given him my property to pawn at different times, but never gave him authority to take things; he never accounted to me for the money raised on this coat, nor told me of it.
NOT GUILTY .
EDMUND FRY . I am a bookseller , and live in Houndsditch . On the 16th of November I attended a sale at Artillery-place, and on the 18th I went there again - I paid the auctioneer 3l. 6s. for this glass, which was then fixed in the drawing-room, over the fire, and he gave me a ticket to receive it from the porter; I had seen the prisoner in the hall of the house - he had assisted me in taking down the bracket of a clock, which I had bought, and having the tool in his hand, he offered to assist in taking down the glass, and I told him be might; I then sent the porter I usually employ, home with the clock, and told him to return for the glass - I left the house, and did not see the glass till the following Saturday, when I went to a public-house in Shoreditch, and saw it fixed up there - the prisoner came to my house that day, by the persuasion of an acquaintance of his, and gave himself up to me; the other man said, in his presence, "This is the man who has taken your glass;" he did not contradict it, but appeared to me knowledge it - I then gave him into custody: when he offered to take down the glass he appeared heavy and dull, as if habitually drunk, but he did not appear drunk then; I did not see any other glass at the sale.
SAMUEL TURNER . I keep the Crown and Shuttle public - house, in Shoreditch. On the Thursday morning before the 23rd of November, I saw the prisoner at my house, between eleven and twelve o'clock; I had known him fifteen or sixteen years - he asked me if I would buy a looking-glass; I said I was not in want of one - he pressed me very much to look at it, and said it belonged to a friend of his who wanted money, and asked if he should show it to me; I said if he came that way I had no objection to look at it - he brought it in about a quarter of an hour; he said the person wanted 50s. for it - I offered him 2l. for it: he went away, returned in about a quarter of an hour, and said the person said if I could not give more I should have it - I paid him, and put it up directly; on the Saturday the prosecutor came to my house and saw it - I gave it up to Eagles, the officer; I have known the prisoner sixteen or eighteen years, and thought him an honest, hard-working man.
JOHN SEWELL . I live at No. 2, Hampshire-court, and am porter to Edmund Fry . I was sent by him to Artillery-place, to remove some goods; I saw the glass over the mantel-piece - the prisoner was there; I carried the clock home to my master - I went back, and saw the glass in the passage: I went up stairs to the delivery-porter, for authority to take it away; when I came down it was gone - I had remarked the glass; I saw it again at the office, and knew it to be the same.
THOMAS EAGLES. I am a Police-constable, and took the prisoner - I told him the charge, but made him no promise or threat; he said he had sold it to Mr. Turner for 2l., that he afterwards got in company with some women, who knocked him down, broke his head, and robbed him; I have known him seventeen years - he was a very hardworking, industrious man.
Prisoner. I was intoxiented, and leave it to your mercy.
GUILTY. Aged 57.
Recommended to Mercy by the Jury and Prosecutor .
Confined One Month .
JOHN McCABE . On the 8th of November I lost a coat and some other things, which I cannot particularly describe; between eight and ten o'clock that day I heard a noise at the door, and went and saw the coat in my wife's hand - the prisoner was in the custody of Stevens, who said he saw him and another lad take the coat, and he thought it his duty to stop him - I do not know whether the prisoner heard that.
FARRINTON STEVENS . I am an oilman, and live in Rose-lane . On the 8th of November I was standing at my door, and saw the prisoner and another lad, take something off a line by the side of the prosecutor's door - they both ran off towards me; I caught the prisoner with this coat and two or three other trifling articles - the officer is not here; I know these to be the articles; they were laying at my feet when I caught the prisoner.
Prisoner. Q. Did you see me take it? A. You were close together, and one of you took it.
NOT GUILTY .
ANGELIOUS BETRAUN . I am a special-constable of Oxford-street. Between seven and eight o'clock on Friday, the 12th of November, I was in King-street, Covent-garden ; I saw the prisoner, with two others in his company, following the Earl of Winchelsea - I knew the Earl; I saw them all go close up to him, and then run off - Kennedy, who was with me, ran, and took the prisoner; a scuffle ensued, and the prisoner threw down this handkerchief; I went after the Earl, who owned the handkerchief, and gave his name and address.
Prisoner's Defence. Two men went by and threw something on me - I knew it was not mine, and threw it down.
GUILTY . Aged 18. - Confined Nine Months .
AMELIA NICHOLS . I am servant to Mr. John Mondgredian - he is a bookseller , and lives in the Hampstead-road . On the forenoon of the 15th of November, the prisoner came with a pair of boots for my master, which he had been mending; he called in the evening again, and I went down stairs, leaving him in the shop with my mistress - I had seen this book in the morning, but did not miss it till the Policeman brought it, between nine and ten o'clock at night, after the prisoner was gone.
JOHN JAMES GUNNELL. I am a Police-officer. On the 15th of November I saw the prisoner in Berwick-street, Soho; he had a book concealed under his arm - he was standing at a shop window; I watched him, and saw him go into a bookseller's - he came out again: I went into the shop, and asked his business - I followed him to another book-shop, and went in, while he was offering this book for sale: I asked him how he came by it - he said he bought it at the corner of Frederick-street, Hampstead-road, seven months before, and had given 3s. for it; I took him, and found the prosecutor's name in it - he afterwards told me that he took it from the prosecutor's shop in the morning, when he took some boots there - I had not made him any promise or threat.
GUILTY . Aged 62. - Confined Six Months .
Before Mr. Sergeant Arabin.
107. ISAAC SOLOMON was indicted for receiving, on the 5th of September , of a certain evil-disposed person, 3 gold watch-key loops, value 10s., and 5 pieces of gold cuttings, value 5s., the property of Peter Thomson , well knowing the same to be stolen .
MESSRS. PHILLIPS and CHURCHILL conducted the prosecution.
HENRY POTTER . I am a working-jeweller, and was in the employ of Mr. Thomson; I went into his service the latter end of August last - he lives in Berwick-street, Soho. I became acquainted with the prisoner in September or October last; I first saw him at his shop in Princes-street, Soho , when I took him some gold swivels or cuttings - the first thing I can remember taking him was a gold swivel, and about October I took him three gold watch-key loops and some pieces of gold cuttings; I went into his shop, and asked if he would buy them - he weighed them in the scale, told me the weight, and gave me the money; I think there were about 4 dwts., and as near as I can remember, he gave me 4s. 6d. for it, but I cannot say exactly what it was - it was between 3s. and 4s. 6d. - I am sure it was not 5s.; he never made any inquiry as to where I got the things - he only asked me if I had any more; I said "Not at present," but I should see him again another time - I have not seen the articles since.
Cross-examined by MR. ADOLPHUS. Q. Who stole these things? A. I did, Sir; I had been in the habit of stealing things for about a month before that - not longer, though I had been in the employ of a jeweller for three years - I am sorry to say I stole a good deal; I have sold to about four other persons, who all keep shops as the prisoner does; I was found out on the 1st of November, when my master missed different things - I had stolen nothing that day, but I had on the Saturday before; on the Tuesday I was taken to Marlborough-street - I named all the persons to whom I had sold stolen goods, and the prisoner among the rest, and on the Friday I saw him there; the Magistrate let him go to appear on his own recognizance, but I was not present then - I never was examined as a witness against him, and he never knew what I had to say, that I know of; I went into his shop like another customer - I mentioned Chelsea, but did not say I was a silversmith or jeweller there; the first article I recollect carrying to him was a swivel of jeweller's gold, not such gold as sovereigns are made of - it is a paler gold; it was about the fourth time I saw him that I said I lived at Chelsea.
COURT. Q. Were you apprenticed to your master? A. No - I went decently dressed to the prisoner.
PETER THOMSON . I am a jeweller , and live in Berwick-street. Potter was in my service; in consequence of something that occurred I had him taken up, and afterwards went to the prisoner's shop, with Avis, the officer, and another person, whose name I do not know - this was on a Tuesday, about three weeks ago; the prisoner was at home - the officer told him he had an unpleasant piece of business with him, and here was a person who had been robbed; I told him he had bought several things of a boy of mine, who had stolen them - he said he did not know what it was, what was it? I told him of several different things, and, among the rest, of a chain; I described the boy, and begged he would let me know what he had bought of him, as every thing he had sold him was mine; he said he had bought nothing of him that he knew of, and said, "What does he say he sold me? you are welcome to look, if there is any thing of yours you may have it;" I told him of a silver chain, with double loops - he denied having had it, and I have never seen it since; I then mentioned a coral-drop which he had purchased - he drew a drawer out, and I found it; I then said he had got some black work - he took out a box, containing some black work, and I found some of mine in it; I looked into a cup of gold, and found two pieces of gold drops, some cuttings, and some silver wire - I found these three gold watch-key loops, and these gold cuttings in a wooden bowl, or cup, in his window, covered with a number of other things and cuttings - I identified the different articles, and as I did so, he said of almost every one of them,
Cross-examined by MR. CLARKSON. Q. Have you been unfortunate in business? A. Yes - I understand the prisoner has married a Mrs. Wolfe, who was a creditor of mine; I went through the Insolvent Debtor's Court, but I was remanded for ten months through the inattention of my attorney, I may say; I believe it was said, "Because the said prisoner has fraudulently made away with part of his property, let him he remanded for ten months" - I remember being at the Police-office on the 9th of November; I was in want of money that day, and have been all my life - I would not think of compounding a felony; Mark Sloane is a creditor of mine - he owes me money now; I saw him there, but I did not ask if he knew the prisoner - he is a debtor of mine, not a creditor; I had tried what I could to get it of him - I did not ask him if he knew the prisoner, and say that I supposed he knew of the transaction between me and Solomon, or say, "I have lost a few things, I only want to he paid for them, my time and expences, and a few pounds would settle it;" nor desire him to acquaint Solomon and bring me an answer - part of the goods I found were in a bowl in the window; I never appeared in this Court as a witness before.
GEORGE AVIS . I am an officer. I went with the prosecutor to the prisoner's house; Mr. Thomson put several questions respecting the things that we found - the prisoner appeared lost at the moment; he pulled out one bowl, and then another, in which the prosecutor found some property- the prisoner said he bought them as old gold, and gave a fair value for them; the prosecutor then challenged him about a chain that he had said he knew nothing about, which he pointed out in the window - I have some key-loops, some of which were in a bowl, and some in a little obest of drawers.
NOT GUILTY .
108. GEORGE JENKINS was indicted for stealing, on the 24th of November , I hamper, value 4d.; 3 yards of cambric muslin, value 3s.; 20 yards of linen, value 30s.; 1 shirt, value 3s.; 1 petticoat, value 6d.; 1 pocket, value 6d.; 1 hair-brush, value 2s.; 1 nail-brush, value 1s.; 1 tooth-brush, value 1d.; 1 comb, value 6d.; 48 apples, value 2s.; 1 ham, value 5s.; 2 jars, value 6d.; 2 bottles, value 6d., and 1 wrapper, value 9d. , the goods of William Ward .
WILLIAM WARD. I am a carrier to Stamford-hill and Stoke Newington . On the 24th of November I had a hamper, which I saw safe in my cart at the Basing-house; it was chained and tied with a rope - it belonged to Mr. Harris, of Tottenham High-cross, I was going home about twenty minutes past six o'clock in the evening, and gave my man charge to keep his hand on the hamper; I was told it was gone - I pulled up the horse, jumped down, and followed the person who had it; he had got above one hundred yards from the cart - it turned out to be the prisoner; he had the hamper on his shoulder - I came up to him, and said, "I have got you;" he threw it down upon my lap, and jumped over a six-feet fence, crossed a garden, and jumped over another fence; I jumped after him, he got into the road - I followed him close, and took him; there was no other person running.
Cross-examined by MR. LEE. Q. It was rather dark, I suppose? A. Yes; it could not have fallen with the shaking - it was fastened with a cord and a chain; I did just lose sight of the prisoner while he turned, but I followed him close - it is a place of great thoroughfare; it is the high road which leads to the North of England; the hamper was in my care.
WILLIAM MARKS . I am servant to Ward. He told me to take care of the parcel; it was safe at Stoke Newington - there was a hole in the cart, and I put my hand through on this hamper: it was a cold night - I drew my hand in to rub it, and the hamper was gone in a moment; I saw the prisoner running across the road with it - I gave an alarm: my master followed him - I followed, and my master told me to take up the hamper.
WILLIAM CAUCH . I am a shoemaker. I was sitting at work, and heard Stop thief! called; I went to the door and saw the prisoner running - I ran and stopped him; I did not leave him till he got to the watch-house.
Prisoner's Defence. I was returning home, and went down a street, when I heard Stop thief! this gentleman caught me by the collar as I was turning the corner rather sharp.
GUILTY . Aged 21. - Transported for Seven Years .
109. JOHN MELVEY and ELEANOR (HIS WIFE ) were indicted for stealing, on the 18th of November , 1 trunk, value 18s.: 2 boxes, value 1s. 6d.; 6 gowns, value 30s.; 8 shifts, value 18s.; 4 petticoats, value 8s.; 5 aprons, value 5s.; 7 handkerchiefs, value 7s., and 2 counter panes, value 30s. , the goods of Sarah Jacombe .
SARAH JACOMBE. I am a widow , and live in Old-street-road . On the 18th of November I went out about noon, and locked my door, leaving every thing secure; the property stated was safe - I returned at a quarter before eight; I put my key to unlock the door, and found it was unlocked - I went in and found my drawers open and empty; I missed a hair trunk, and the articles which were in it - I know nothing of the prisoners.
JOHN EASTERBROOK . On the 18th of November, about eight o'clock in the evening, I fell in with the prisoners, and two men with them; John Melvey had this large hand-box. and his wife the small one - I did not see that the other two men had any thing, and they got away; I called a butcher to go after them, and I took the prisoners but I found they were getting rather the better of me, by repeatedly striking me over the arms, and I called the butcher back to assist me, as it was near Petticoat-lane.
Cross-examined by MR. BODKIN. Q. Did you know either of the other men? A. I should know one of them if I was to fall in with him - I did not know either of the prisoners, to my knowledge; I only know the other man by walking behind him and the prisoners for near half a mile that evening - I do not know that I had ever seen that other man before; the prisoners said the other person had employed them to carry the things, and this man said, "Let me go, I will run after them," but I did not let him go because he had the property about him; I did not then know the prosecutor had been robbed - I noticed
- HUNT. I live at No. 3, Little Pearl-street. The prisoners had a room not a dozen yards from the house I live in; when the officer came I tried the keys of some rooms I have, but none of them would open their room - I cannot tell when I had seen the prisoners there; I had not been in the room before I went with the officer.
SARAH JACOMBE. This property is all mine.
Cross-examined. Q. How long before you went out had you seen these things safe? A. About noon, when I went out.
JOHN MELVEY - GUILTY . Aged 24.
Transported for Seven Years .
ROBERT WALLACE . I am a mariner , and live at South Shields. On Wednesday night, the 1st of December, the prisoner, who was a stranger, was standing in the street, and I asked her to show me into Ratcliffe-highway- we were then at the corner of Bluegate-fields; we went to a public-house, kept by Mrs. Davis - I had twenty sovereigns in a purse in my left-hand breeches pocket; I did not go to any house with her, but we went down Gravel-lane , and there I lost my recollection - the next morning I found myself in the watch-house, and my purse and money were gone; the prisoner is the person who was with me at Mrs. Davis', and she was the last girl who was with me.
Cross-examined by MR. LEE. Q. Had you been drinking before you went to Davis'? A. Yes, but I had not lost my recollection; I had been with two cousins, a male and a female - I have said that the person who took my money had a black cloak on - I was told I had charged a man named Haggerty with robbing me, but if I said any thing it was the effect of the liquor; I do not know whether I charged a man named Melville with robbing me; I might have done so - I took a small glass of gin at Davis'.
SARAH DAVIS . I am landlady of the Marquiss of Wellington, High-street, Shadwell. I remember the prosecutor and the prisoner being at my house - they had a quartern of gin, and a small glass of brandy; the prosecutor first took out some silver to pay for it, and then he took out a purse with a quantity of gold in it - he wanted me to change a sovereign; I said as he had silver I would not - he put it into his purse and put the purse into his left-hand trousers pocket; they went away together.
Cross-examined. Q. You could not see his pocket? A. No, it was below the counter - he seemed capable of conducting himself as far as I saw; the purse might have fallen, but it was not likely.
JOHN MELVILLE . I am a Police-constable. On that Wednesday evening I saw the prosecutor and the prisoner, about ten minutes before twelve o'clock: they were coming up Ratcliff-highway, and the prosecutor was upbraiding her for not letting him go - when he saw me, he said "Officer, I must throw myself under your protection, this woman won't let me go;" she had hold of his clothes -I said, "You had better go about your business, and let this man alone;" I asked him where he wanted to go - he said"To Old Gravel-lane;" I said I would show him the way - she followed; and said "Just let me speak to him" - and she whispered something in his ear, but she did not do any thing then; he got on to the corner of a turning, and said to me "Will you have a glass of grog?" I then saw that he was in liquor - he pulled out a leather purse, and said"You think I am deceiving you; but I have money" - and he shook the purse; I took him over the bridge, and he said "Will you see me on board my ship?" I said, "I can't, unless you go to the inspector and ask his leave: if you go there and are in liquor they will send you to the watch-house" - he felt horrified at that, and said "I will go by myself" - I said "Go on, and if I meet the woman I will turn her back" - I did not meet her - after the prosecutor had shown me his purse, he put it into his pocket and buttoned it up.
Cross-examined. Q. Was it dark when he showed it you? A. It was under a lamp; the way we went, and I returned, was the only way to get over the bridge; I did not meet the prisoner - it is a place of great thoroughfare but not much frequented by women of the town.
WILLIAM JOHN ROBERTSON . I am shopman at No. 3, Shadwell. On the Thursday morning, between eight and nine the prisoner came to our shop - I had known her before, as she had dealt there; she leaned over the counter. and asked me if I would keep 4l. for her till she called herself for it - these are the sovereigns; she had more gold and silver in her hand - I saw it distinctly; I afterwards heard of the robbery, and gave information.
JOHN THOMAS . I apprehended the prisoner on Thursday week, between seven and eight o'clock in the afternoon; there was a disturbance - I went to it; the prisoner saw me, and she walked off and concealed her face - I told her I was ordered to apprehend her; she said, "O God, my life is in your hands" - I said, "It is not come to that yet, I hope;" she appeared very faint, and wished to have something to drink - I allowed her to go into a public-house; she called for half a pint of gin, but could not drink one glass - we then came out, and at the door she spoke to two men; another girl then came up, and said she would assist to take her down - I got her to Ratcliff-highway, and she saw a servant-boy at the house of Mr. Rogers; she wished him good by - I then took her to the shop where Mr. Robertson lives; he said he knew her well - she said to him,"The four sovereigns I deposited in your hand this morning, I robbed my landlady of" - I then took her to the watch-house, and, in the presence of the inspector, and in my hearing, she said she had not deposited any money in any person's hands that day - in a few minutes afterwards, she said she had deposited the four sovereigns, and that they were left her by a sister who had died.
Cross-examined. Q. You never told her what was the charge? A. No, the two men asked me, but I said I did
FRANCIS FAGAN . I am inspector of Police. The prosecutor was brought to the watch-house a little after twelve o'clock at night in a state of intoxication - he said he had been robbed; I searched him, found 8s. in his right hand pocket, and some halfpence in his left - he said he had lost eighteen or twenty sovereigns; I took him before the Magistrate in the morning - he there said he had been robbed by a woman; but in the first instance he had accused our man - the following evening the prisoner was brought in; I asked if she had deposited any money - she said several times she had not; but after telling her where she had deposited it, she said "My sister died and left it me."
Cross-examined. Q. Then the prosecutor had charged a man with it the first night? A. Yes, a man named Haggerty.
GUILTY . Aged 26. - Transported for Life .
THOMAS JONES . I am in the employ of Mr. Joseph Brown. a haberdasher , of No. 234, Regent-street . The prisoner came there on the 13th of November, and asked for two yards of black ribbon; I showed her some, and while I was gone to get another drawer, I saw her take her hand away from a basket in which were several pieces of ribbon - I came back and measured the ribbon she wanted, for which she paid 2d., and when she was going out at the door I stopped her, and saw this piece under her shawl; it is my master's property - it is worth 24s.
Prisoner. I did not offer to go out; I asked him the price of the ribbon. Witness. No, she did not ask the price of any but the one she had bought.
Prisoner's Defence. I took it to ask the price, and he took it out of my hand.
GUILTY. Aged 24.
Recommended to Mercy by the Jury and Prosecutor .
Confined Six Weeks .
The witnesses did not appear. NOT GUILTY .
MARY LACK . I am the wile of Charles Lack - we keep rabbits in the cellar of our house, at Bethnal-green . The prisoner lived in the shop up stairs - I went to feed the rabbits last Thursday week, and missed two of them; I had had them on the Wednesday - I know this to be mine.
GUILTY . Aged 16. - Transported for Seven Years .
THOMAS CASTON . I am an ironmonger , and live at Newington-causeway - I have a smith's shop in George-street . About the 18th or 19th of October I understood an anvil was missing from there - I made inquiry, but heard nothing of it till the 5th of November; this is it.
CORNELIUS CARLE . I am a Police-officer. On the 19th of October, I was on duty, and met the prisoner with this anvil in a bag, on his shoulder - he said he was going to Hoxton Old-town; I said he had better take it to the station-house, and they would make some inquiries - he then said a man was to give him 1s. for taking it from a house at Smithfield-bars; the Magistrate sent me there, and they knew nothing of it.
Prisoner's Defence. I was employed by a man to carry it, and he gave me 1s. - the person who stole it must have sent the prosecutor word where it was; I first said I was going to take it to Whitechapel-church - I was employed to carry it.
GUILTY . Aged 48. - Confined Six Weeks .
WILLIAM BECKLEY . I am an officer. I saw the prisoner on the 15th of November, going towards the Liverpool-road - he passed me with a handkerchief; I thought I knew him before - I followed him, and when he got near the Blue Coat-boy, I tapped him on the shoulder, and said, "What have you got there?" he said, "A few candlesticks which I brought from my master's at Barnet, and I am going to take them to my mother;" I said, "What is the going to do with them?" he said he did not know - I took him to the office, and then found the prosecutor near the five mile stone at Highgate.
GUILTY . Aged 16. - Transported for Seven Years .
JOHN GARROD . I live in Market-street, Paddington . I have known the prisoner three months - he lodged in the same house with me; he has been in my room, and I have asked him to have a meal, or any thing out of friendship; I missed the articles stated - they have been found.
Cross-examined by MR. PHILLIPS. Q. And I believe you have pawned things for him and he for you? A. That I deny - I never pawned a great coat of his; the landlord and landlady did not give me warning to quit, on account of the way I was going on - I had notice to quit, and then went to Market-street; the prisoner called there, but he was denied calling, over and over - I never pawned any thing for him at all, nor my wife, except one silk handkerchief, which he asked her to pawn for him and bring him in a bit of victuals; that was in the Edgware-road.
Cross-examined. Q. Did you ever know of his pawning any of your husband's property? A. No - I have pawned things myself; he used to drink and smoke a pipe in our room - he has visited us in Market-street, and my husband was always glad to see him; I never forbid him the house, nor has my husband to my knowledge - I never pawned any thing for the prisoner; if he had asked me I would not have done it - I did pawn a silk handkerchief for him because I was foolish.
Cross-examined. Q. Then he gave you the duplicates at once? A. Yes; I know they were on intimate terms and used to pawn for each other - I had forbidden my nephew to have any intercourse with them.
JOSHUA RIGBY MORTIMER . I am a pawnbroker. I have a handkerchief, pawned for 1s., a shirt for 1s., and a shawl for 1s. 6d. - I cannot swear to the prisoner, but these are the duplicates; they are in the name of William Wilkinson.
Prisoner. Mrs. Garrod told her husband that she had pawned a shawl.
ANN GARROD. No, I did not.
Prisoner's Defence. The prosecutor used to press me to come to his room, and we drank together - I used to lend him money, and several times he wanted me to go to pawn my things; I said I never had done so yet, and I did not like to do it.
NOT GUILTY .
SUSAN THORNE . On the 2nd of December I was in the shop of Mr. Thomas Good, a pawnbroker , in Goswell-street , and saw the two prisoners come in; the woman took the cap off the door - I told Mr. Goode she had taken it: the man ran out, and she staid in; she had offered a coat to pawn - the cap was afterwards found on the man.
JOSEPH JOHN GOODE . I am in the employ of Mr. Thomas Goode. I had seen this cap hanging inside the door- this witness told me the woman had taken it; I went after the man, and brought him back - the cap was in his hat.
A. WILLIAMS - GUILTY . Aged 25.
G. WILLIAMS - GUILTY . Aged 17.
Confined Six Weeks .
HARRIET HUGHES . I am the wife of Robert Hughes ; he keeps the Crown, in Silver-street, Golden-square . The prisoner had been our pot-boy three or four months, and was a very good servant; on the 9th of December, 1829, I gave him three sovereigns to get silver for them, over at Mr. Holmes', the butcher - he did not return; I did not see him again till last Lord Mayor's day, when I had him taken up.
Prisoner's Defence. I had the three sovereigns, and met a friend, who asked me to have something to drink; I lost the three sovereigns, and was afraid to go back - I went to my friends in the country, and when I returned to town, I went to where my master and mistress had lived, but they were gone - I had the money in my pocket then; I did not see them till last Lord Mayor's day, and then my master took me.
GUILTY . Aged 21. - Confined Six Months .
STEPHEN HAYWARD. I live in Goldsmith-square, Hackney-road. On Sunday morning, the 7th of November, between one and two o'clock, I was in Slater-street, Bethnal-green ; I was rather fresh, but not any ways drunk - I was standing against a wall next door but one to a public-house, where I had called in to know if I had been sent for; three men came up - I asked what they intended to do; they did not speak; I said, "I see you intention is to rob me, and my determination is that you shall not;" they then began to overhaul my pockets, by putting their hands into them - one of them got hold of my throat; I got the hand from my throat - I then put my hand into my pocket and took out 16s. or 17s.; I threw part of it away - my hat was then knocked off or fell off, and I stooped to pick it up; they were upon me again, and I was hit upon the throat - I lost 6s. or 7s. altogether, but I could not tell any of the parties, it was so dark and a tremendous night, and raining; I could not see the face of any of them - I was used more roughly than I wished to be.
Cross-examined by MR. PHILLIPS. Q. How many public-houses had you been in? A. I had been to the Red Lion, where my club is held; I drank there - I had not been to the Flower Pot; I had been drinking at the Grey Eagle - I was not turned out of any public-house for blacking people's faces, when they were tipsy; I had been at the door with two Policemen - I was fresh, but not drunk.
WILLIAM HENRY CASH . I am a Police-officer. I was in Slater-street, and saw a scuffle with the prosecutor and three men - I waited, looked at them, and all on a sudden I heard Murder! called; I ran up, and saw the prisoner on the body of the prosecutor, in a kneeling position - the other two men, who were on either side of him, ran away; I went to seize them, but in my hurry I fell - I got up, and so did the prisoner; he ran up the street - I sprung my rattle, and pursued him: two of my brother officers were at the top of the street - the prisoner passed one of them, but the other crossed the way to meet him - I was not far behind; there is a court, into which he turned, and I lost sight of him - in half a minute the other officer came up with the prisoner, and I identified him; there was no other person.
WILLIAM REYNOLDS . I am a Policeman. I heard the rattle, and saw the prisoner running - I met him; he turned across the road - I turned, and ran after him till I took him in a court, by the Knave of Clubs; it was not more than a second or so after I turned the corner - he was running before me.
Prisoner's Defence. There is no light near the spot - it is one hundred feet from a light; the gas has been cut off from the lamp at the public-house for six months.
NOT GUILTY .
JOHN TUCKER. On the 2nd of December, about half-past eight o'clock in the evening, I saw the prisoner at Uxbridge ; I had known her by walking up and down the town - I went to the Sun-public-house for a pint of beer, and on coming out I met the prisoner, who asked me for a pint of beer - I said I did not mind; she suddenly ran away, and I missed my watch - I went for a constable; it was near an hour before I found one - we then went to the prisoner; she denied having the watch, and the constable took her - a person who had been living with her brought the watch to Mr. Birch the next day.
Cross-examined by MR. CLARKSON. Q. Have you seen that person? A. No - I had drank a pint or two of beer; I was sober I believe - I had not been drunk, and dancing in the public-house; I had been dancing, and no one else - there was some music; my clothes were on - I did not see the prisoner in the house; I did not give her gin there - I swear that I did not lift up her petticoats, nor touch her at all; she ran against me in front of the house.
JOHN BIRCH . The prosecutor gave this girl in charge, and said he had been robbed of his watch; next morning a man named Tuckwell brought this watch to me, and said he had found it under the window of the Sun public-house the night before.
NOT GUILTY .
DANIEL MOBBS . On Sunday morning, the 5th of December, I saw the prisoner looking down an area; I went on, and he followed me - I asked what he had got; he said pots - I asked where he was going with them; he said home; he then said he took them to get him a bit of bread - I found on him this pot, belonging to Mr. Williams, and another pot belonging to Ann Roberts, of the George and Dragon, Buckingham-street, but she did not appear.
GUILTY . Aged 34. - Confined Six Weeks .
JOHN COOKE. I am the son of James Cooke. On the 10th of November the two prisoners, who were strangers, came to my father's shop - Bugo took a goose from the window; I pursued him instantly, and found he had given it to Lissenburg; I took it from him, three doors off - they were going away; they could get it without going into the shop.
Cross-examined by MR. PHILLIPS. Q. You have a good many geese? A. Yes; Bugo did not throw it on the ground - I saw him give it to Lissenburg; I have the leg of the goose here.
The prisoners received good characters.
BUGO - GUILTY . Aged 15.
LISSENBURG - GUILTY . Aged 13.
Confined Three Months .
PRUDENCE JAMES . I am the wife of Robert James - we keep a stationer's-shop . On the 30th of October the prisoner came in, and took out the till; I followed him, and cried Stop thief! there was 8s. or 10s. in it - six shillings were found on him, and some had dropped.
THOMAS ARNOLD . I was on duty on the 30th of October, in Upper York-street, and saw the prisoner come out with the till under his arm - I pursued; he dropped it, and emptied part of the contents into his hat; I took him, and brought him back - it was about eight o'clock in the evening.
Prisoner. He said he did not know me. Witness. I swear he is the man, but he now looks different to what he did, and much fatter.
GUILTY . Aged 18. - Confined Three Months .
ANN BROTHERTON . I am the wife of Charles Brotherton - we keep a lodging-house , in Seabrook-place, White Lion-street, Pentonville . The prisoner lodged with me from the 1st of August - she had one room, for which she paid 2s. a week; I went in, and missed the bed and two blankets - she owed me money.
Prisoner's Defence. She gave me leave to pawn the blankets, to get my clothes.
ANN BROTHERTON. No, I never did - I went up, and missed them.
GUILTY . Aged 54. - Confined Three Months .
ELLEN HOLLAND . I am the wife of James Holland - Mary Sughrue lodged in the same house as me I believe, but I only came from Brighton on the 8th of November; my husband is at Plymouth. On the 9th of November I wore the articles stated, and on the 10th, at six o'clock, they
SAMUEL SMITH . I live at Mr. Debenham's, a pawnbroker, of Queen's-row, Pimlico. I have a scarf, pawned by two women, on the 10th of November - I believe the prisoner was one of them, and that she took the money.
JOHN McCRAW . I am a Policeman. I took the prisoner on the 10th of November - I did not say any thing to her, but she herself said that Mary Sughrue had stolen them, and she supposed, as a receiver, she should have fourteen years of it.
CATHERINE SUGHRUE . I am a sister of the person spoken of, but I have not seen her since the 9th of November - the prisoner came to me on the 10th, called me down stairs, and asked if I had shown Mrs. Holland her house, over in the Borough - I said No; she said if I had I should be a very queer woman to inform against my own sister; in two or three days after the prisoner came to me again, as I stood in the street - I asked if she knew any thing of my sister; she said she had come to her house, knocked at her door, and said she had robbed Mrs. Holland of her things, that they went to Westminster, pawned some, and then went to another place - she said they went five miles out of town.
The prisoner put in a written Defence, protesting her innence, and stating that she had only said whoever the thief was he would be transported for seven years, and the receiver for fourteen; and that the prosecutrix had offered to settle the matter for 10s.
MRS. HOLLAND. It is false.
NOT GUILTY .
MARY MILLER . I am the wife of Charles Miller; we live in Old Church-street, Paddington . I hung some things out to dry on the 12th of November; they were safe at half-past seven o'clock - I did not miss any of them till this shift was brought to me by the constable; I do not know either of the prisoners.
WILLIAM ALLOWAY . I am a Police-constable. On the 12th of November, in the evening, I was in Old Church-street, Paddington - I saw some suspicious characters, and concealed myself opposite to where this linen was hanging - I saw the two prisoners get up to the line - they took this article, and jumped down; I followed, and took them about forty yards from the spot - I am not sure, but I believe Littleton had it; I took them to the station, and found on Littleton two skeleton-keys and one latch-key.(Property produced and sworn to.)
Littleton put in a written Defence, stating that none of the property was found on him, and declaring his innocence.
LANGSHAW - GUILTY . Aged 17.
LITTLETON - GUILTY . Aged 17.
Transported for Seven Years .
127. HENRY JARVIS was indicted for stealing, on the 29th of November , 4 shirts, value 2l.; 1 shift, value 2s.; 6 petticoats, value 10s.; 1 waistcoat, value 13s.; 3 frocks, value 3s.; 3 night-gowns, value 4s.; 4 pinafores, value 1s.; 3 flannel petticoats, value 2s.; 4 stocks, value 1s.; 3 towels, value 1s.; 1 napkin, value 1s.; 1 cap, value 1s. 6d.; 8 handkerchiefs, value 12s.; 3 pairs of stockings, value 7s., and 1 piece of cotton, value 6d. , the goods of Charles Baxter .
MARY GARDINER . I live in Grove-street, Camden-town - I take in washing, and fetch it from town in a cart. On the 29th of November I was in the cart; a man named Priestly was driving it - I had a basket, containing these articles, which belonged to Mr. Charles Baxter; it was dirty linen - I had been watching it all up the Edgware-road ; my attention was drawn off for a moment to speak to the man, and all on a sudden I missed my basket -I told the man; he jumped down immediately, and in about five minutes the Policeman brought the basket and the prisoner.
JOSEPH PRIESTLY . I was driving the cart. Mrs. Gardiner said the basket was gone - I got down; a boy asked if I had missed any thing; I said Yes - he said a man had got into a coach - I ran up to the coach, and the prisoner jumped out; I made a grasp at him, but he got from me, and was taken by the Policeman.
Cross-examined by MR. LEE. Q. Did not you say before the Magistrate that you could not swear to him? A. No; it was about eight o'clock in the evening, in Oxford-street, there were a great many persons about - I am quite sure the person I saw get out of the coach, not off the box; I had never seen him before.
HENRY GALE . I am the proprietor of No. 1126, hackney chariot. I was on the stand between Orchard-street and Portman-street, on the night in question - I saw my near side door shut; a man got on the box, and desired me to go on - I was going on when Priestley asked me if I had any thing, or any body inside; I said I did not know - the man on the box then got down and ran off; I got down, saw the door open, and this basket of linen inside - I staid with the chariot, and the prisoner was brought back; I do not know who had been in the chariot.
Cross-examined by MR. LEE. Q. Then a person got on the box? A. Yes.
TIMOTHY McCARTHY . I was at my door, near Oxford-road, and saw the prisoner run through some buildings from where the chariot was - I followed, and stopped him down a mews; I asked what he had done - he said,"Let me go;" Priestley then came up, and said he had stolen a basket of linen - I said, "Where is it?" he said,"In a hackney coach in Oxford-street."
MRS. GARDINER. This is the basket of linen.
GUILTY . Aged 23. - Transported for Seven Years .
CHARLES THOROGOOD . I am an officer. On the evening of Friday, the 26th of November, I was in Bishopsgate-street; I saw the prisoner and another man following a cart, which was going down Camomile-street - I followed them, and in St. Mary-axe I saw the prisoner take this basket from a cart; it was dark at that place, and I followed him on to Houndsditch - he was making his way up to Castle-street, but before he got there I stopped him; he had not been out of my sight; I have not been able to find the owner - here are twelve empty bottles in it quite clean.
Prisoner's Defence. I was employed by a man to carry them for 1s. - the officer came in about ten minutes, and asked what it was; I said I did not know, but I showed him the man - he would not hear any thing, but took me.
The prisoner received a good character.
GUILTY. Aged 21.
Recommended to Mercy by the Jury . - Confined 6 Months .
JOHN REEVE. I am a silversmith , and live on Snowhill. On the evening of the 2nd of November I was passing Smithfield ; three boy s were following me, and I felt them lugging at my pocket - I let them lug till I felt my handkerchief was gone; I then turned and collared Ware - he dropped the handkerchief from his hand, and said, "It was not me took it, it was the other boy;" there were three in company - I then seized Newberry, took them both into a public-house, and sent for an officer, who took them into custody; when I seized Ware, Newberry was walking off - he was not running; I had certainly seen him following me, and saw him part from the other boy - when I took Ware I think he was not more than three yards from him; I did not see any thing done by Newberry - the third boy was at Guildhall, but I could not swear to him.
THOMAS PIKE . I am an officer. I received the two prisoners from the prosecutor - he gave me this handkerchief; I knew the boy who was discharged, and think I have seen Newberry, but not Ware.(Property produced and sworn to.
Ware's Defence. It was not me - I was going on an errand through Smithfield, and the gentleman took hold of me and said I took his handkerchief - there was another boy; I know nothing of this prisoner - the handkerchief was on the ground, and I trod on it.
Newberry's Defence. I passed this boy and the gentleman - I got as far as I am from you; I heard this boy say, "There he runs" - the gentleman then came up with Ware, and took me into the public-house; I am innocent.
JOHN REEVE. I am positive he was near enough to be acting with the other boy.
WARE - GUILTY . Aged 13.
Confined One Month , and Whipped .
NEWBERRY - NOT GUILTY .
130. JAMES WHYTE was indicted for stealing, on the 4th of August , 4 metal tea-pots, value 13s. 6d.; 1 tin canister, value 6d.; 1 root knife, value 1s. 6d.; 1 brass cock, value 3s. 6d.; 1 saucepan, value 3s. 6d.; 1 knife, value 2s. 6d.; 1 fork, value 1s. 6d.; 1 pair of snuffers, value 1s.; 1 spring flush ring, value 6d.; 1 brass knob, value 1s.; 1 pair of snuffers, value 8s., and 4 pieces of stamped paper, value 1s. 1d., the goods of Henry Marriott , his master .
MR. ADOLPHUS conducted the prosecution.
HENRY MARRIOTT. I am an ironmonger , and have a warehouse in Fleet-street and another on Ludgate-hill . The prisoner was in my employ - I had discharged him about two months previous to this time; he had been my clerk , not warehouseman - he had a perfect opportunity of knowing my property and concerns; nearly every thing in my shop has a private mark, and I sell them with the mark on them - I have also a plate of my own from which I have receipts printed; I am the patentee of a fire-grate, a part of the apparatus of which is a cock - I went with two officers who are here, to search the prisoner's lodging; I found a great many goods there, some of which will be produced, and a great many which I desired them not to bring away, not finding any mark upon them - the marks had been erased; those I brought away have my marks on the majority of them - here are four metal tea-pots, two have my mark and two have had the mark erased; here are two knives, and this cock, which is made expressly and exclusively for me; a canister with my mark, and some other things - this cock is never sold in a separate state except when an old cock is worn out; we have sold them for those patent grates, but it is of no use but for them - I made a memorandum of the articles I found; one of them was a German saucepan - they are made in Germany, and sent to a house in the City, who appoint me agent for them for the whole of England; I afterwards went to a pawnbroker near the Surrey theatre, where I found a pair of patent snuffers, my mark had been tried to be erased, but being case-hardened steel, the mark was so impregnated that it could not easily be erased - a metal tea-pot, with one letter not erased, which I can distinguish, and that is my mark; no one of these articles was ever sold to the prisoner, and I never authorized him to make free with any articles of this sort.
Cross-examined by MR. PHILLIPS. Q. Have you any shopman? A. I have not now, because I was obliged to discharge him - I ought to have been aware if the shopman had sold any thing to the prisoner, as it ought to have been entered in his book; I sent him away because he was connected with the prisoner - I had reason to doubt his honesty; he may have sold articles to the prisoner - I have been at the bazaar, but never saw such saucepans as these there; they sold cast iron saucepans - I complained to the merchants in the City that these were too heavy, and they made wrought iron ones - they have sold enamelled
Q. Look at these bills and say if you did not claim as your property some articles for which these are the bills of parcels? A. I have looked at them, and I select some bills, which as far as my memory serves, I did see in searching his drawer or desk - the other bills I have no knowledge of; but, Sir, there is not one individual article which is stated in any one of those invoices, which I took up and said was my property - I do not recollect any one article which I claimed as mine for which he produced an invoice; we are continually selling tea-pots of the same metal as these, and all these other articles, but then the book will prove the transaction - I have the cash-book here, which was kept by the shopman whom I dismissed; my own mark is not erased from articles when we sell them - the prisoner's wife and children were at his house; I should think the youngest child to be twelve or fifteen months old.
MR. ADOLPHUS. Q. How long have you been a trader in the City of London? A. Twenty-four years - I have occasionally had one, two, or three shops; I have carried on an extensive business, and I believe have been well known - I had no quarrel with the prisoner to induce me to go to his house and lay a false accusation against him; I had two or three times had some conversation with him about debts received - I had reason enough in my own mind to turn Batty away; I am not in the habit of making out accounts, and therefore I presume the clerk made out Mr. Calkam's account - I make up the books, and they make abstracts from them - the error must have been my own; I have done business with Mr. Calkam since - the officer brought away from the prisoner's some screws, and some little trifles which I could not swear to, but they are not in the indictment; two of these tea-pots have my mark on them - this cock has no mark on it, but it is a particular article; the prisoner did not offer to produce invoices of any of the articles I brought away - he did not account for the receipt stamps; here is a flush ring for a water-closet which I had made for me - these things were all in my shop while the prisoner was there, and he had daily access to them.
JOHN NEWCOMB . I am an officer of Union-hall. I went with Mr. Marriott to search the prisoner's lodgings; I found the articles mentioned in the indictment, and I have them with me - Mr. Marriott looked carefully and cautiously over the things, and I told him to be very particular; there were some things from which the marks had been erased - some of them were brought away and some left; what were brought away are put down in the indictment - there were four tea-pots; the place was not at all like a shop - there were four rooms and a kitchen; these articles were in the kitchen and different parts of the house.
MR. MARRIOTT. These are the articles found at the prisoner's house - this tea-pot and this canister have my marks on them; these two tea-pots are so scratched that there is no discovering the mark - this is the German saucepan; I never saw such a one till I had them made of wrought iron - those from the bazaar were all cast iron; this is the cock of a pattern I had made for myself - I do not know that I ever saw such a one in any other person's possession; it is manufactured at Birmingham or Woolverhampton, to my own pattern - these are the receipt stamps; they are engraved from a plate of my own, and were in a drawer in my counting-house, which is open to my clerk and myself - these have never been issued by me; they are the writing of different persons - this one is "Received of Mr. Whyte (the prisoner) the sum of 3l., on account of bill delivered. E. and C. Steele." - I never had any dealings with a person of that name; here is another, "Received of Mr. Whyte the sum of 5l., for one quarter's rent of a house in Kennington-street, due at Christmas last. B. Stevens." here is another of a Mr. Burton, and some others - these could never have been given on my account; I never had any such dealings with any such persons.
Cross-examined. Q. Has not Mr. Weiss such articles as these flush rings? A. I never saw any of these things have a spring to them; my foreman suggested the propriety of having them made as this is, and I had them made so - I never saw any like these; I have not the facsimile stamp here of these receipts. [Here the witness pointed out the private-marks on several of the goods.]
WILLIAM JOHN BIRD . I am in the employ of a pawnbroker in the Westminster-road. Here is a pair of snuffers, a tea-tray, and a tea-pot, which Mr. Marriott swears to, and some other things, which he does not swear to; they were all pawned by the prisoner, on the 10th of November, in the name of John Wilson, for 8s.
Cross-examined. Q. Had you known him before? A. No; I never saw him before - they were pawned at night; I cannot speak positively as to whether any one else was in
MR. ADOLPHUS. Q. This took place on the 10th? A. Yes - these are the duplicates, one I gave to the prisoner and one I kept.
The prisoner, in a long address to the Court, declared his innocence, and stated that he had bought some of the articles at the prosecutor's shop; from Batty, and others from different manufactories.
MR. MARRIOTT. I swear to four tea-pots, two of them are marked - the stamps were accesible to the prisoner; he was authorised to use them in my employ, but in my employ only.
GUILTY of stealing the stamps only . Aged 36.
Confined Three Months .
132. CHARLES CULLEN was again indicted for that he, on the 19th of November , feloniously did utter, dispose of. and put off to one John Smith , a certain forged request, for the delivery of goods, which is as follows:"Per bearer, two 11-4 superfine counterpanes, T. Davies, E. Twell," with intent to defraud John Lainson and others, he, the said Charles Cullen , well knowing the said request to be forged .
Per bearer, two 11-4 super counterpanes, T. DAVIES.
88, Aldgate. E. TWELL.
I delivered the counterpanes to him; they were worth 27s. - I did so, in consequence of his delivering this paper; T. Davies was a customer of my employers, and lived at No. 88, Aldgate; I did not know E. Twell till within the last three days; I gave credit to the signature of T. Davies.
Cross-examined by MR. LEE. Q. Are all the partner s of the firm alive? A. Yes, they were at five o'clock -Mr. Davies is here; I had never seen him write - I had not known the prisoner before; I did serve him - I did not know E. Twell at that time: he is a young man living with Mr. Davies, I believe.
THOMAS DAVIES . I live at No. 88, Aldgate. Edward Twell is in my employ; this paper is not my writing, nor was it written by my authority, or by my knowledge; the prisoner was in my employ as porter for seven months, and left me on the 21st of June - this is not Mr. Twell's writing.
Cross-examined. Q. What is your Christian name? A. Thomas: Mr. Twell is not here to-day - he has ordered articles of this description: if we want them in a hurry, he sends to a wholesale house for them.
Bought of Lainson, White, and Lupton, two 11-4 fine counterpanes, 13s. 6d. - 1l. 7s.
THOMAS DAVIES re-examined. Twell has authority to order goods if I am not in the way; he generally signs as for me - he would not exceed his authority by writing it in this form, but I think it should be more full; if an article is wanted he has authority, in my absence, to write an order for it in my name, but not to employ any other person to write it - we generally write our orders "Send per bearer (or) per bearer;" such orders as these are common in our business.
GUILTY. Aged 26. - Judgment Respited .
OLD COURT. MONDAY, DECEMBER 13.
First Middlesex Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 30. - Confined Six Months .
JAMES CORDERY. I am a bricklayer , and live in George-street, Battle-bridge. On Saturday, the 4th of December, about eleven o'clock at night, I was at Jones' wine-vaults, at the corner of Plumtree-street; the prisoner, who was a stranger, came in, and asked me to treat her - I and two or three more were together; we gave her a glass of gin - I was sober: I had not been drinking - I went with her to a room on the first floor in George-street, St. Giles' - she said it was her own room; she took a light into the room - I had not been there ten minutes before I missed my money; I felt her hand in my breeches pocket, but the money was in my jacket pocket; I did not feel her take it - I did not take my jacket off: I was on the bed with her, and gave her 9d. and 6d. - I had eight half-crowns and about 28s. altogether, and am quite sure it was safe when I entered the room; I told her she had robbed me - she made no answer; I told her to give me my money again, or I would call the Police - she would not; she got from the bed, ran to the window, and opened it, as if going to throw something out - I called the Policeman, and pulled her back from the window; I held her till he came up stairs - he ordered me out of the room directly; I went out, till the Policeman brought her out, part of my money was found on her - I can swear to one half-crown, it being marked.
WILLIAM PORTEOUS . I am a Police-constable. I was fetched to the house; I sent the prosecutor out of the room and then asked the prisoner how much she had about her - she gave me 9d. and 1s.; I asked if she had any more
Prisoner's Defence. He asked me to walk down George-street with him; he gave me 9d. and the half-crown was between the penny-pieces; because I would not let him do as he choose, he jumped up, and said I had robbed him - I had 6s. in my bosom before I met him.
GUILTY . Aged 22. - Transported for Life .
ANN TOBITT . I am the wife of Richard Tobitt - he has been a schoolmaster, but is now in the poor-house ; I live in Francis-street, Hoxton . On the 3rd of November the prisoner, who had been turned into the streets by her friends, told me she had no where to go - I said I was poor myself, and had been distrained on for rent, but till she could get into the workhouse she might sleep in my place; she was three days with me - I then missed a shilling, and told her to leave my house; when she was gone I missed the articles stated in the indictment.
Prisoner. Q. You say your husband's name is Richard, have you not been living with another woman's husband for eighteen years? A. I am regularly married.
Prisoner's Defence I left her through necessity and trouble; I never saw the shilling.
GUILTY . Aged 33. - Transported for Seven Years .
GEORGE SORRELL. I am in the employ of George Dehane, a grocer , in Kingsland-road . On the 24th of November, about half-past five o'clock in the afternoon, this soap laid by the side of the door; I missed it, went out, and saw the prisoner with two more twenty or thirty yards from the house - the prisoner was in a stooping position, with a cake of soap in his hand; I took him with it - the other boys were near the rest of it; they got away - I lost eight cakes.
GEORGE SMITH . I am an officer. I was passing Edward-street, and saw three boys - the middle one looked very hard at me; Sorrell came to me soon after - I followed with him, and picked up the soap and frame.(Property produced and sworn to.)
GUILTY . Aged 16. - Transported for Seven Years .
First London Jury, before Mr. Justice Littledale.
137. BENJAMIN COLES was indicted for feloniously forging a certain transfer of 115l. 3 per cent Consols, in the name of Temperance Creed, with intent to defraud the Governor and Company of the Bank of England .
SEVENTEEN OTHER COUNTS, varying the charge.
MESSRS. ADAMS and BULLOCK conducted the prosecution.
WILLIAM LANE . I am a stock-broker, and carry on business in the rotunda of the Bank of England - I have known the prisoner six or seven years; he is a clerk in the Bank of England . On the 9th of July last, he came to me to order a transfer to be put forward for the sale of some stock - the sum transferred was 115l. 3 per cent. consolidated annuities; he said it was to be transferred for Mrs. Creed - I had done a similar transaction before; I asked what time Mrs. Creed would be ready to make the transfer - I told him it would be ready very shortly; I had the transfer put forward in consequence of his directions - the stock was sold to Francis Buckingham , Junior, of the Stock Exchange; the prisoner afterwards attended with the lady, at my desk in the Rotunda, to sign the transfer; to the best of my recollection it was about half-past two o'clock on the same day; it was not stated to me, on that particular day who the lady was - it had been done previously; I had seen her before with the prisoner.
Q. Who introduced her to you? A. The first introduction I had to this lady, was somewhere about the beginning of August, 1827 - she was first introduced to me by Mr. Edward Jenkins, a stock-broker, who died on the 1st of March 1828; I was then his assistant -Mr. Edward Jenkins first requested me to attend the lady to make a transfer.
Q. Did the prisoner at any time tell you who she was? A. Yes; she was introduced to me by the prisoner as Mrs. Temperance Creed.
COURT. Q. She had been introduced to you before the prisoner mentioned her as Mrs. Temperance Creed? A. He desired the stock to be sold for Mrs. Temperance Creed - he came afterwards with this lady, and, by his actions, I considered him as identifying her as Mrs. Creed, and as such I attended her to the books of the Bank; he did not say, every time he came, "This lady is Mrs. Creed," but it was natural to presume that she wanted no second introduction, having been introduced once - when Mr. Jenkins introduced her to me she was accompanied by the prisoner.
MR. BULLOCK. Q. Having directed you to have the transfer got ready, did the prisoner appear with this lady for the purpose of having the transfer perfected? A. He did on the 9th of July; I went with them from my station at the Bank to the transfer books of the 3 per cent. consols, under the letter C. in the transfer-office - the stock receipt was signed by the lady, and handed to the Bank clerk - the book, containing the transfer, was turned round, and she signed it in the place where transfers usually are signed - the clerk affixed his signature to it, as he had done to the stock receipt, and I signed my name as witness to the identity of the prisoner's signing; which is required by the Bank - I did it of my own accord, that is the usual course; here is the transfer (looking at it) - here is my signature and the signature of the lady I identified that day - she was the same lady who had been present on similar transactions; the prisoner accompanied her, to the best of my recollection, every time - he was present on the 9th of July during the performance of the transaction: I retired back to the rotunda, and to the best of my recollection the ladyJames Jenkins ; I do not think the prisoner was present then; the lady appeared a middle aged woman, from forty to forty-five, but she might be fifty; her complexion was not florid at all; her whole carriage together was genteel - there were no signs of infirmity whatever in her walk - she had a dark full dress on, and to the best of my recollection, it was silk - she wore a very large bonnet, and a black veil, thickly laced; and her veil was on almost every occasion down - I remember no transaction in which that veil was raised.
Cross-examined by MR. ADOLPHUS. Q. I presume you have known the prisoner some time? A. Yes, seven years, if not eight; he has been a clerk in the Bank all that time - I believe he has been there twenty-two years; I always understood that the Bank clerks' salaries were progressively raised; he always bore a good character, to the best of my judgment.
Q. If a person had stock to transfer, the regular course is to have a power of attorney, if they cannot attend themselves? A. It is.
Q. Have you known instances where a person unable to attend, has comissioned a friend to do the business without a power of attorney? A. I never heard of a transfer being effected at the Bank without a power of attorney, unless the parties themselves were present; I certainly once witnessed a woman sign for another person, but it was discovered immediately that it was wrong - that was a case of dividend; it was discovered before the signature was complete; the right woman was present, but not being able to write had requested this woman to sign her name for her. Consols close for the July dividend about the 2nd or 3rd of June - the person holding the stock at the time of shutting, receives the dividend due; Mrs. Creed would be entitled to receive the dividend which had accrued on the stock, at any time she chose to come for it - I did not know Mrs. Temperance Creed, and am certain Mr. Jenkins did not - I cannot answer for the late Mr. Jenkins; a party receiving a dividend goes to the desk signs the book and a paper, both of which state the sum received, and the amount, in respect of which it is received, it is specified in both, and the amount of dividend is specified in both - nothing is specified in the book but the capital, the name of the person, and the dividend, except the figures; the figures specifying the amount, would usually catch the eye - but it would require a practised eye to notice it; they are prominent enough to be seen.
MR. BULLOCK. Q. Are you in the habit of attending parties to receive dividends? A. I am; this is the dividend-book - (looking at it); the name of the party, and the sum, is on one side of the book, and the amount of stock and dividends of on the other - there is always a sheet of blotting paper between the two leaves, which is down at the time the party signs; the blotting paper is between the name and the amount - it is removed at the end of about six months.
Q. A party signing on the left side would not necessarily see the amount of stock and dividend on the right, when the blotting paper is down? A. No, but they are not permited to sign the book till they make their claim -I understood Mr. Adolphus' question to allude particularly to the warrant.
COURT. Q. By making their claim, you mean mentioning the sum? A. Yes; the clerk asks the persons name, and the amount of stock - and if they agree, he pays the dividend.
MR. BULLOCK. Q. Is it necessary for the amount to be given by the persons themselves, or sometimes by the broker, or person who attends? A. Sometimes by the party, and sometimes by the person who attends.
JAMES SUTTON . I am a clerk in the transfer-office of the 3 per cent. consols, and have been so for nine years - I have known the prisoner as a clerk in the Bank about twenty years; in July last, I remember his coming with a lady to make a transfer of consols - Mr. Lane accompanied them; Mr. Lane asked if the transfer was ready - the book was then turned round, and the party representing herself to be Temperance Creed, signed it, after having signed the receipt; I do not mean that on this occasion the lady said she was Temperance Creed - I took that for granted, she being with the broker, Mr. Lane, or somebody for her, had bespoke a transfer in the name of Temperance Creed that morning - this is the transfer-book; I saw the female sign it - here is my signature as witness to the transaction; Lane has signed it as witness to the identity - after signing this they went towards the 3 per cent. dividend office; the dividends were in the course of payment on the 9th of July - the parties might if they pleased receive their dividends on that occasion; the lady appeared about forty years of age - I had seen her six or seven times before, and to the best of my recollection, she was always accompanied by the prisoner, and always identified by Mr. Lane; she always came for the purpose of transferring stock, and always wore a bonnet with a black veil, which was generally down - I do not remember it ever being up; I have examined the Bank books to ascertain of there was more than one account in consols in July in the name of Temperance Creed - there is only one.
COURT. Q. On what day do you begin to pay your dividends? A. Bankers are paid on the 6th or 7th if a Sunday does not intervene - we generally begin to pay the public on the 8th; there is generally a great press of people the first few days, and they have a long time to wait.
Cross-examined by MR. BODKIN. Q. Of course the prisoner was aware that you knew his person? A. Yes; I believe he attended his duty at the Bank till he was charged with this - but he was not in my office; it was not part of his duty to attend in the consol-office - the lady always transferred stock in the name of Temperance Creed.
Q. Can you give the dates of these transactions? A. On the 7th of August 1827, 500l. 3 per cent. consols; 15th of February 1828, 250l. - 16th May, 150l.; 9th October, 250l. - 25th November, 300l.; 22nd April 1829, 200l. - 25th August, 300l.; 15th January 1830, 150l. -9th July, 115l.; all these transfers were made by the same lady - the dividends are payable twice a year; and the attention of the stockholder would be called twice a year to the diminution of the capital.
JOSEPH COLES . I keep an oil-warehouse in the Kent-road - the prisoner is my nephew; Mrs. Temperance Creed was my sister - she died on the 24th of September last; she lived in Wentworth-place, Mile-end-road - had she lived two months longer, she would have been eighty-three years old; she stooped with age - she could walk tolerably well with an arm; she appeared to be quite the age she was - her face was furrowed with age; I saw her shortly before her death - she never wore a veil; (looking at the transfer) I was perfectly acquainted with her hand-writing - the signature to this transfer is not her hand-writing. I, the prisoner, and Rebecca Goode, are left lier executors - I communicated with the prisoner respecting her property in the Bank; I asked him if the Bank books had been searched - he said they had; and that there was 1,650l. standing in the name of Temperance Creed - he did not mention the stock; I knew it was 3 per cents. - he gave me this information about the beginning of November; he was to apply to a broker for the purpose of having it sold out on the 19th of November -I was not present, and he did not himself tell me what he had done respecting it; his brother called on me - I went about the beginning of November. to Mr. Hawkins, a stock-broker, with the prisoner, merely to inquire the price of stocks; we came to no determination that morning whether we would sell or not - the prisoner never gave the broker any directions in my presence, nor did he himself communicate to me any directions he had given; I received the information from his brother - (looking at three letters) these are the prisoner's hand-writing; he called on me on the 18th, and said the broker had made some mistake, and the sale must be delayed till the following week on the 26th; and early in the morning of the 28th, I received this letter by a private hand (read).
J. Coles, Oilman, &c. 18, Waterloo-place, opposite Deaf and Dumb Asylum, Kent-road. Nov. 25th, 1830.
MY DEAR SIR, - I have been so exceedingly unwell to day, that I shall not be able to go into the City to-morrow - it is an attack of inflammation in my bladder, and my doctor says I must on no account venture out, as I must continue in a reclining position as much as possible; I hope it will please God to restore me in a few days - I saw Mr. Ferrard in the morning; he is about to leave town for a few days, on account of some disturbances in the neighbourhood of Agan's property - when he returns he will only have to prepare a letter of release to Mr. Agan's executors, and take our receipt for the money; the transfer of the other property, which I have arranged, must stand over for a few days; I shall send to Mrs. Goode to-morrow morning, quite early. I remain, dear sir, your affectionate nephew, B. COLES.
MR. COLES. In consequence of receiving this letter, I went to see him the same evening, and told him there had been so much delay in the business, that Mrs. Goode was resolutely determined to have the matter settled by fair means or foul, and if it was not settled, I apprehended unpleasant consequences would ensue; I then asked if he would give me a power of attorney for the next day, which was Saturday, delegating some person to act in his stead - after some hesitation, he said he would give one; he then paused a little while, and said, "I will supersede the necessity of a power of attorney, because I will be at the Bank on Monday morning" - nothing more was said; he was taken into custody on the Saturday evening.
Cross-examined by MR. ADOLPHUS. Q. You mention a will under which you derive some property; when does that will bear date? A. I do not exactly know - it might be made nine or ten years ago (the probate was here produced).
Q. I see here is named a sum of 1,300l.; that I presume is in trust? A. Yes; it is 1300l. stock - it was all to sink in the residue of her property, for the purposes of her will; that 1300l. was left her before marriage, independent of her husband - it is now in possession of two gentlemen; it was her property, she could do what she liked with it - that sum is still existing; it stands in the names of her trustees - I knew she had a very good income; I supposed about 400l. or 500l. a year - she knew I had undergone losses, and she has given me sums of money out of her surplus income, for the last six or seven years.
Q. You cannot tell where she got it from? A. Yes, I can - she was of an acute, clear, and intelligent mind; I believe she was not always careful about reading papers before she signed them - I presume she always exercised common prudence and discretion in the management of her affairs; the prisoner was in her confidence - (Mr. Fenn here produced the dividend book of 1827, and two dividend warrants) I believe these two devidend warrants to be in her hand-writing; they are dated June and July, 1830 - there is no doubt of the signature being her writing.
JOHN HODSON. I belong to the audit-office, and have brought some consol dividend warrants from there - (read) one for 2,047l. 16s. 9d., dated the 5th of January, 1827, dividend 30l. 14s. 1d.; July the 5th, 1827, the same amount - January, 1828, 1547l. 3s. 9d., interest 23l. 4s. 1d.; July, 1828, 1320l. 16s. 9d., interest 19l. 16s. 3d. - 5th of January, 1829, 770l. 16s. 9d., interest 11l. 11s. 3d.; 5th of July, 1829, 570l. 16s. 9d., interest 8l. 11s. 3d.
MR. ADOLPHUS to MR. COLES. Q. Are these warrants all signed by Mrs. Temperance Creed? A. I verily believe they are.
MR. ADOLPHUS. My Lord, here are the other two, which he also proved - one dated January, 1830, capital 270l. 16s. 9d., dividend 4l. 1s. 3d., and the other July, capital 120l. 16s. 9d., dividend 1l. 16s. 8d.
WILLIAM HENRY HAWKINS . I am a stock-broker, and carry on business in the rotunda. I have known the prisoner by sight some years; he came to me on the 8th of November, with his uncle Joseph, about the price of consols - I saw him again on the 11th, and he requested me to sell 1600l. 3 per cent. consols for Friday, the 19th of November; it was stated on the 8th, by Mr. Joseph or by him, that it was an executorship account - on the 11th I sold for the 19th, and on the 17th or 18th I saw the prisoner again; he stated that the stock could not be ready for transfer by the 19th; he did not say why - the stock having been sold by me, I re-purchased it, and communicated that to him; it was by his instructions I cancelled the sale - he at that time gave me directions for a sale, if they attained a certain price, for Friday
Cross-examined by MR. BODKIN. Q. Were you the broker usually employed by the uncle Joseph? A. Yes- I had not been engaged for the prisoner before; I recollect nothing being said about the property standing in the name of trustees, and think nothing was said.
JOHN WELDON . I am a clerk in the will-office at the Bank. The probates of wills are registered there, to be acted upon by executors; when a will is registered it is customary to make a claim for the amount - the prisoner came on the 26th of October to register this will: he made no claim when he gave me the probate - I observed to him that he had made no claim; he then said the amount was very trifling - I asked how much: he said 5l. odd shillings, 3 per cent. consols; which I entered on the probate, and find it entered there now.
Cross-examined by MR. BODKIN. Q. You understood him to be an executor? A. Yes, and that he was acting in that capacity; I know nothing of any claim of 1300l. on any executorship account.
MRS. REBECCA GOODE. I am the prisoner's aunt, and executrix under the will - I received these two letters from him: - (read.)
Bank, 17th November, 1830.
MY DEAR MADAM, - As it is probable my uncle has written to you to fix Friday next for your attendance at the Bank, I just write to say it is Friday week, the 25th, when I shall be glad to see you, about half-past eleven o'clock; I saw Mr. Farrard, and he requires an affidavit to state Mrs. Creed never had any children, but it will not do for either of the executors, so I suppose we must apply to Mrs. Kelly. Yours, &c. B. COLES.
P. S. In consequence of waiting we have sustained no loss.
No. 18, Waterloo-place.
MY DEAR AUNT, - I am sorry to say I have been so exceeding unwell I shall not be able to be in town to-morrow; I delayed sending this letter earlier. hoping I should be able to manage it - the doctor informs me I must not venture out, as the complaint is inflammatory, and requires rest; the affidavit Mr. Farrard wanted has been made by Mr. Wallis, who is the only person in London who knew my aunt, Creed, sufficiently long to have done so - there remains but little more to do before the money will be received; I hope, through the blessing of God, a few days will restore me to health, when you shall be informed on what day we require your attendance in the City; three of my children have had the measles lately, but are now recovering. Yours, &c. B. COLES.
ELIZABETH REYNOLDS . I live at Camberwell. I lived with Mrs. Temperance Creed in her life-time, as her companion, for three years previous to her death; I was in the habit of going with her to the Bank, to receive her dividends - I generally left her at the prisoner's office in the Bank with him, and I waited in the rotunda till they returned; I went out of town in July - Miss Ivery came there when I went away; Mrs. Creed did not go to the Bank in July before I left - she could not have gone without my knowledge; she never wore a veil.
Cross-examined by MR. ADOLPHUS. Q. Was she a sensible woman? A. Yes - she could read her receipts, and look to her own affairs, and did so generally; I know she was kind to some of her relations, and advanced them money - she appeared on confidential terms with the prisoner.
ELIZA IVERY . I was acquainted with the late Mrs. Creed, and went to reside with her in July last; I do not know on what day, but it was the day Miss Reynolds left her - I remember going to the Bank with Mrs. Creed to receive her dividends; I think it was the next day; I took her to the prisoner, and left her with him; I went to Hackney from there, and returned to Mile-end in the evening.
WILLIAM WESTALL . I am a clerk in the dividend-office at the Bank. I know Mrs. Creed's person - she was in the habit of receiving her dividends at my desk every half year, and always came with the prisoner; the book is handed to the party coming for dividends to sign on one side - the same course is pursued if a Bank clerk comes with them, we usually ask for the sum; but if I was going into another office and asked for a dividend for a friend, I might turn to the book, observe the sum and number, and ask the clerk to give me a warrant of that number.
JAMES SUTTON re-examined. I have examined the Bank books to see what sum was standing in the name of Temperance Creed, in October last - it was 5l. 16s. 9d. 3 per cent consols.(The Transfer was here read.)
Prisoner's Defence (written.) My Lord and Gentlemen of the Jury, - it is my unfortunate situation to be placed as a criminal, charged with an offence which attacks my life, prosecuted by so near a relation as the brother of my own father, for whom, in any situation of life, I should have looked to for support and assistance; I am placed in this unhappy predicament in consequence of conduct which may have been imprudent, but was never intended criminal. My aunt, as you have heard, placed great confidence in me, and she informed me from time to time of her being obliged to sell stock to accommodate her poor relations, and she was desirous of having the transfer effected by a friend of hers, without the expence of a power of attorney, which would be an additional burden on the person she wished to oblige; she always expressed her confident hope that the sum she advanced would be paid, her intention being in such case to replace the stock - she had a mind fresh and vigorous; she always received her dividends with a clear knowledge of the sums - after the last transaction she assured me she had replaced the stock, and in consequence of that I made the declaration I did to my uncle, after her death; were she alive I should have no difficulty in establishing this fact, by her evidence - as it is, I must have it to your good sense and merciful consideration. Gentlemen, it has come to your knowledge that I was in the Bank more than thirty years, with an increasing salary and good private character; had I ever been conscious of any guilt, I must have known that after my aunt's death, the discovery was certain - yet I remained two months without absconding; I am here to meet justice, which I have no doubt I shall find at your hands, on a fair and merciful consideration of my case.
NOT GUILTY .
Fourth Middlesex Jury, before Mr. Baron Vaughan.
138. JAMES McCARTHY was indicted for feloniously assaulting David Sim , and striking and wounding him in and upon the back part of his head, with intent of his malice aforethought to kill and murder him .
TWO OTHER COUNTS, stating his intent to be to disable or do him some grievous bodily harm.
FOURTH COUNT, stating the intent to be to prevent his lawful apprehension for an offence for which he was liable by law to be apprehended and detained; i. e. for riotously
TWO OTHER COUNTS, varying the manner of laying the charge.
MR. ALLEY conducted the prosecution.
DAVID SIM. I am a Police-constable . On Sunday, the 10th of October, I was in the neighbourhood of Wardour-street, and a little after four o'clock in the afternoon I came down Berwick-street, and found a riot had commenced at the bottom of Peter-street , opposite Martin' public-house; there were, I suppose, upwards of one hundred persons collected, men, women, and children - two women were fighting; the prisoner was setting them on the fight, and seemed taking their part; I went and did my utmost to separate them - somebody told me to take the prisoner into custody; I attempted to do so -I had him by the collar, but he struck my hand away and went into a house; the disturbance ceased, and I left - I returned again in about a quarter of an hour with one of our men, (who is not a witness) and walking up Wardour-street a boy came calling after me; I returned, and found Peter-street in a complete uproar; there might be between two and three hundred people assembled - Mace, a constable, was there; a person gave the prisoner in charge - that person did not seem injured; I could see no marks of violence on his face myself - I had not seen what happened: on his being given in charge Mace attempted to apprehend him, and he (Mace) received a violent blow in the eye, from whom it came I do not know - he fell down; I saw the prisoner quite close to Mace when he was knocked down - I sprung forward to seize the prisoner who had been given into Mace's charge, and was immediately knocked down by four or five; I got up, drew my staff, and defended myself as well as I could - I was knocked down by the prisoner; I was attempting to rise, but was not exactly up when I received this injury - when I was thrown down the prisoner fell upon my side with his knees; a struggle ensued, and he wrested the staff from me - I was then on my back; he was up first, and in attempting to get up myself he struck me with my staff on the back of my head - I was rendered entirely insensible; it was a violent blow - I fell forward, became insensible, and the next thing I recollect after that was finding myself in an apothecary's shop; the wound in the back of my head was being sewn up - I was taken to St. George's hospital, and confined there for a month; besides the injury on my head, my ribs were fractured, so that I was obliged to be bound up - I understand three of my ribs were fractured.
Cross-examined by MR. CLARKSON. Q. What was the riot? A. Two women were fighting, and several others seemed to have been fighting - they had been in a commotion; I only saw the two women fighting - I swear the prisoner was setting them on; he was not endeavouring to part them - he struck one of them.
Q. On your oath, was he not endeavouring to rescue one from the other? A. Not at that time - what he might be doing after I cannot say; I did not see him attempt to take one from the other - I do not recollect whether I told the Magistrate I saw him strike one of them; she was a stout woman - I have not brought her here; I have since understood one of them was his sister - the other officer did not stay there till I was beaten; I cannot say whether the person who gave the prisoner into Mace's charge is here - I have brought nobody here; I had not seen the prisoner commit any offence, or strike any body till Mace attempted to take him - I had seen him strike one of the women when I was attempting to part them; that was a quarter of an hour before I was injured - when I came down Wardour-street Mace was there; that was the last time I went there - when I went into the crowd I saw the prisoner; he was not doing any thing then, and I did not attempt to take him - when he was given into my charge I had not seen him do any thing to the person who gave him in charge - I am not aware whether he struck Mace or not; he received a violent blow in the eye in attempting to take him - who gave it I cannot swear; I defended myself with my staff, by striking their hands - so many blows were aimed at me by the party round, I was obliged to defend myself.
MR. ALLEY. Q. You did not offer violence to anybody till Mace and yourself were struck? A. Not the slightest.
COURT. Q. There had been two or three hundred people? A. Yes, the last time; I had gone away a quarter of an hour before, part of the former mob had dispersed - there was a bustle when I returned, but they were not fighting; I did not hear any shouting.
Q. Then they were not rioting? A. No; I should think if we had had officers enough we might have dispersed them peaceably, and no accident have happened - I told Mace there was a great disturbance, and we both went together; when we got to the corner, opposite Martin's house, there was a mob; I went into the heart of it, among them, to see what was the matter - I was not aware who had been fighting at that time; they were moving about and raising a sort of clamour about some one - what I do not know; there were a good many voices, but not very loud or vociferous - the party, whoever he was, told Mace and me to take the prisoner in charge, and pointed him out; he did not then say what he charged him with - Mace immediately attempted to take him, and received a blow in the eye; I then sprung forward to seize the man who had given the blow - three or four struck me, and knocked me down, and then the prisoner attacked me; as I got up I saw several coming on me - I struck their hands, which were uplifted, and then the prisoner sprung forward and struck me on the head; I was defending myself then.
FRANCIS MACE . I am a Policeman. I was in Peter-street; there were upwards of two hundred people assembled - they had apparently been fighting; the prisoner was given into my charge by a person whose face was beat, cut, and scratched - he was all over blood; the man said he was one of those who had assaulted him - I went towards the prisoner, to take him into custody, and received a blow from him in the face with his fist, in attempting to seize him; it caused a black eye - I received a blow from another person at the same time; I saw Sim there, but after receiving the blow I fell backwards, and could not see what passed - I had no staff at that moment, but was dressed as a Policeman; I was knocked on the ground with the blow, and when I got up I saw some men carrying Sim to the doctor's.
Cross-examined. Q. How long might you have been
COURT. Q. You say a man who was bloody desired you to take the prisoner for assaulting him, you attempted to take him, and then he and another struck you? A. Yes; I did not see what passed afterwards, but a minute after I saw Sim being taken to the doctor's - the person who gave the charge went to the watch-house for protection, and I believe gave his name there, but I do not know what it was; I have seen him before - I do not know him, nor where he lives; he was at the office - there were four persons taken.
THOMAS CASSIDY . I am a Policeman. I was in Peter-street on the 10th of October, about four o'clock, and saw a man give the prisoner in charge - I had seen the prisoner beating that man; they had not been fighting, but two girls had - this man began to disperse the mob, as no Policeman was by; the prisoner came and struck the man because he tried to separate the women - the man went after a Policeman; he met Sim, and gave the prisoner in his charge - there was a great mob together, who swore he should not take him, so they knocked him down three or four different times; I saw the prisoner strike him after he was down - I saw the prisoner kneel on him, pull the staff out of his hand, and knock him down dead with it; he knocked him on the back of his head - Sim fainted; he then moved the staff a little, and somebody came and told him not to carry the staff, for it was not right - he then flung it away; he only struck Sim once with the staff - the prisoner was apprehended at the corner of Peter-street the day it happened, but made his escape; I helped the prosecutor to the doctor's.
Cross-examined. Q. You saw the prisoner strike some man? A. I saw him strike Sim, and before that saw him strike a man - that was not in the Policeman's presence; there were too many shoving about for me to tell which hand he struck the Policeman with - I was about five yards from him; I have seen the person who gave him in charge several times - I never quarrelled with the prisoner; I was not a Policeman at that time - I had been one, and was turned out for taking a man's cape by mistake, by my serjeant's advice, as I was going on duty; I have been reinstated since - one of the women who were fighting was the prisoner's sister; I knew the other well, but am not related to her - I do not think she has any certain place to live in; I saw her last about a month ago - the prisoner was endeavouring to get his sister from the women when they were fighting.
COURT. Q. You are asked whether the prisoner was endeavouring to part them, and get his sister away? A. As I could understand it; he was in the act of doing so - it was Jeremy O'Doherty that gave the charge; I saw him about a fortnight ago - he was then making up his mind about going to Ireland; he knew the prisoner was in custody - I do not know that he ever preferred a charge against the prisoner for beating him; I did not see Sim strike any blows with his truncheon - I could not see all that passed; Mace and Sim came up together, and directly they thought of taking the prisoner, he fell on the Police.
COURT. Q. You had seen Jeremy O'Doherty assaulted? A. Yes - that was about an hour or an hour and a half before; they continued insulting one another all that time, but not striking - the mob continued assembled; O'Doherty had been struck an hour or an hour and a half before the prisoner was given in charge, but a noise and row continued all that time.
MR. CLARKSON. Q. The prisoner I believe had gone home after the man was struck? A. I do not know, but I had not seen him for some time - I did not see him do any thing from the time he struck the man till the officer took him, but the people had continued together.
Q. What sort of a row was it? A. Passing words to one another - the place is always noisy, and I suppose the Police did not take notice of it; it was more noisy than common - I saw nothing done during the hour and a half, but they were talking; there were more people when the prisoner was given in charge - the numbers had increased.
MR. ALLEY. Q. What sort of talking was it? A. Abusing one another, but I saw no blows.
MARY CUNNINGHAM . On Sunday evening I saw a number of persons in Peter-street, and saw the prisoner strike Sim; two or three struck him before that - the prisoner took the staff out of his hand, and struck him with it; the people called out Murder! the prisoner then ran away with the staff, another man ran after him, and said,"Drop the staff out of your hand;" and he did so.
Cross-examined. Q. You are the wife of a Policeman? A. Yes; he struck him with his right hand.
MARGARET EVANS . I saw the prisoner and prosecutor - I saw several persons strike the prosecutor; I saw the prisoner strike him with a Policeman's staff - he then ran away, and threw it down; a man went after him, and said,"Drop it;" I do not know which hand he struck with.
EDWARD JOHN BUSVINE . I am a surgeon. The prosecutor was carried to my house between four and five o'clock on the day in question, perfectly insensible, with a wound two or three inches long at the back of his head, quite down to the bone; it was a dreadful wound - it was bleeding profusely; I got the skin together, sewed it up, and by that time he became sensible and complained of great pain on the left side, not bearing to be moved - he evinced all the symptoms of broken ribs; his skull was not fractured - the integuments were devided to the bone; he was labouring under concussion of the brain - he is entirely recovered now.
THOMAS CASSIDY re-examined. Q. Can you at all fix the time, when the first blow was given, when the man was given in charge? A. No, but think it was an hour and a half before - I saw no blows given in the intermediate time; some of the people had gone away, but not all - the place had never become quiet, not without two or three or four of them quarrelling; I saw no fighting from the time the prisoner gave the man the blow till he was going to be taken into custody - the prisoner had gone into a house, or somewhere; I cannot say how long he had been absent.
Prisoner. I am innocent.
JOHN NOTT . I live at the corner of Walker's-court, Peter-street. On the 10th of October I was sitting in my parlour, and heard a terrible noise; I ran out, about five o'clock, and as soon as I got out I saw the Policeman laying down and a man standing to pull him over - I said,
Q. Who was this? A. The man who hit the Policeman - I saw him take the Policeman's truncheon, and strike him - he had hold of the Policeman round the waist, wrenched the truncheon out of his hand, and hit him; the prisoner is not the man who hit the Policeman, I will swear that positively; if it was the last word I had to say the man I saw strike him was not the prisoner; I did not see the Policeman knocked down; he was down - I saw the man take the truncheon from the Policeman's hand; I took hold of him, and tried to get him away from the Policeman - he ran off, and held up the truncheon.
MR. ALLEY. Q. What are you? A. A tripeman; there was no more disturbance than there is every Sunday - I did not see the prisoner there; I cannot swear he was not there - on my solemn oath, he is not the man who went away with the truncheon, and afterwards threw it down; the man's name is Doherty - he is the prisoner's brother; he has been a pot-boy - he is rather bigger than the prisoner, I think; I never knew he was his brother before - I had seen him many times before; I did not see him throw the truncheon down - I did not see the prisoner there; I have known him about there for the last twelve months, but never spoke to him - he is not the man who struck the Policeman - I have never been a publican; I never kept the Barley Mow - I did not attend before the Magistrate; I knew he was in custody, but did not know it was for a capital offence - I thought it was only an assault.
- GIBBONS. I live in Green-court, Peter-street; my husband is a marble-mason. On the Sunday morning in question I went to tea with a friend at a green grocer's, in Peter-street - I heard a noise, and went out, between four and five o'clock; I saw the Policeman Mace trying to take the prisoner into custody - the mob hallooed out "He shan't go," and rescued him from Mace; I saw the prisoner make his escape up Berwick-street, and on that another man took a staff from the prosecutor - he was knocked down first, then the man wrenched the staff out of his hand, and gave him a blow; I am sure the prisoner was away before that; I have known his person three years - I saw him run away before Sim was struck; one of the crowd knocked Mace down - he got up again, and while he was getting up one of the mob rescued the prisoner.
Q. Then he had still hold of the prisoner, and the mob rescued him? A. Yes, and I saw him run up Berwick-street - I then saw a stouter man than the prisoner, in a short jacket, strike Sim; he knocked him down, and in attempting to get up, the staff was wrenched out of his hand; the person gave him a blow on the head, and ran off - Nott followed him; the prisoner wore a dark coat with skirts -Nott followed the man in the short jacket; I solemnly swear it was not the prisoner - I did not distinctly see the man's face, but I saw his dress.
MR. ALLEY. Q. Then Nott was close to you? A. I did not say so.
Q. You saw Nott following the prisoner? A. Yes.
COURT. Q. You have said he followed the man who struck the blow; if you said that was the prisoner, is it a mistake? A. It was a mistake - it was a man in a round jacket.
MR. ALLEY. Q. There was a great crowd? A. Yes, and a great noise; there were two or three hundred people - I was on the the step of the door, and above the crowd, so that I could see them; I heard them say the Policeman was killed - he laid there for dead: I heard somebody say"Kill the bl-y Police!" and I was quite shocked; I was not in the road, but standing at the door - it was not the prisoner that struck the blow.
JOHN NOTT re-examined. Q. Do you remember what dress the person had on who struck Sim? A. A kind of light coat or jacket - I cannot say whether it had skirts; I was flurried - he would have knocked me down if I had continued to pursue; I know his dress was something very light; there might be fifty people round the man when I came up.
MARY HERON . I live in New-street, near Peter-street. I was standing by the side of Sim at the time he was knocked down, so close, that when he fell he came against me - I saw a man strike him on the head, and knock him down with his own staff, which he pulled out of his hand; I should know the man again if I saw him - it was not the prisoner; I have seen the prisoner several times before, and knew him - I should know him from one hundred men- on my oath he did not strike the Policeman any more than I did; I saw him in New-street a few minutes before it happened - it was some minutes before the Policeman was knocked down: he stood at my door, which is but a minute's walk from the place, and I saw him afterwards.
MR. ALLEY. Q. Were you near Mrs. Gibbons? A. No - there was a great crowd, and I could not notice every body; I first saw the prisoner at my own door, a few minutes before the Policeman was struck - I came out, and stood in the street, the same as another; I often go and stand there on Sunday evenings - I saw Mrs. Gibbons in the crowd, and Nott too; I saw him cross the street - I put my hands on his shoulder, and begged him not to follow the man, or he would get knocked down; I saw the staff in the man's hand - I did notice that he threw it down; I should know him again if I saw him - I cannot say what coat he wore; I have not spoken to the prisoner since - his wife desired me to come here.
OWEN SWIFT . I am a plasterer - I live in Stacey-street. I remember the affray in Peter-street; I was standing outside Martin's public-house, between four and five o'clock, about three yards from the row; I saw Mace knocked down, and then Sim, and while he was down the staff was taken from him, and as he rose he was struck on the back of the head with it - the prisoner's brother is the person who did it; I knew him before, and am quite sure of it - I knew the prisoner before, and am positive it was not him.
MR. ALLEY. Q. How long have you been acquainted with the prisoner? A. As long as I can recollect - he is a lithographic printer; I assisted to carry the Policeman to the doctor - I did not see the man carry the staff away; I was taken up as one of the rioters - I was there about a quarter of an hour, but was not taking part in it; the man was dressed in a white short jacket.
COURT. Q. Is the prisoner less than the brother? A. No, the brother is bigger - he resembles him a little in
MR. ALLEY. Q. Was not the prisoner's brother taken into custody with you? A. Yes; the prisoner was taken a good time after we came out of prison - I was taken directly I had carried the man to the doctor's, and discharged in about a week.
ANTHONY CARBINE . I am a labourer. I and Cosgrove were coming through Berwick-street into Peter-street, and saw the prisoner at the same time coming into Peter-street - my friend and him got into a quarrel about something, and my friend gave the prisoner in charge to a Policeman; I think it was Sim; it was the one who got cut on the head; I did not see the man knocked down - the prisoner and my friend got quarrelling in the street; both called the Police - I was trying to separate them, but before I could get assistance to get them asunder the Policeman was struck - at the time the Policeman was struck, the prisoner and my friend were struggling on the ground; I could not part them; they were not out of my sight before that; when I got them apart there were four men carrying the Policeman to the doctor's.
MR. ALLEY. Q. You are quite sure it was Cosgrove who gave him in charge? A. Yes - I did not see the Policeman knocked down.
COURT. Q. To whom was he given in charge? A. To that man (Sim) to the best of my belief.
Q. Why, I thought he was not out of your sight till that man was taken to the doctor's? A. My friend gave the prisoner in charge, and I think it was to that man; I do not know what became of the prisoner afterwards.
WILLIAM HERRING . I am a seafaring man, and live in Peter-street - I was standing at my own door, six doors from where Sim was knocked down; I saw a mob gathering, ran towards it, and when I got to the corner of the street, I saw the Policeman knocked down with his staff; I was six or eight yards off, and knew the young man who struck him very well by sight - it was not the prisoner on my oath.
MR. ALLEY. Q. Did you see the prisoner given in charge? A. I did not see him at all - I was there about five minutes; I do not know why the Policeman was knocked down - I only saw him knocked down once; I have been from sea about three months - my mother maintains me; I did not know the prisoner was in custody till this morning.
COURT. Q. What was the first you saw? A. A parcel of people collected, as I stood at my door, and when I got up, the first thing I saw was the Policeman knocked down with a staff.
MR. ALLEY. Q. Who knocked Mace down? A. I do not know, it was not the prisoner - I saw this man(Mace) knocked down; I afterwards saw the truncheon taken out of his hand, but in the scuffle I cannot say which Policeman it was; I afterwards saw a blow struck on one of the Policemen when he was down - I should know the person who struck it - he had a jacket on: it was not the prisoner.
JAMES NOON . I saw this row - I was at my door when the Policeman was knocked down; I did not see the prisoner there - I saw Mace run after the prisoner; but about fourteen yards from where it happened, he turned round and said, if he followed him, he would knock him down - he had a truncheon in his hand and a jacket on.
NOT GUILTY .
Second London Jury, before Mr. Recorder.
MESSRS SCARLETT and ELLIS conducted the prosecution.
FRANCIS PAGETT . I am a retail dealer in beer , and live in Shoe-lane . On Tuesday, the 30th of November, at three o'clock in the afternoon, the prisoner came to my bar with a man and woman - the prisoner called for a pint of beer, which came to 2d.; she paid me half a crown - I gave her change - I did not notice the half-crown at first, my eyes being bad, but directly they left, I took out my glass and looked at it; they left in less than five minutes -I saw it was bad, and went to the door, but did not see them - I showed the half-crown to my wife, and then kept it in my pocket; I had no other half-crowns there - about six o'clock the same evening, I was in Shoe-lane going home, and saw the prisoner in company with a man, thirty or forty yards from my house; I heard her say to the man,"We will cross over the way" - (on which side my house was) they crossed, I followed, and the man was going into the next shop to mine, Mr. Cox, a pewterer's; the prisoner caught hold of him by the shoulder, pulled him back, and said, "That is not the house, the next house," and they went into my shop, which is next door but one; mine is a double door - I stood outside, and heard the man, whose name is Bell, call for a pint of porter; I could see them - I saw Bell throw half a crown on the counter - he gave it to my wife; I directly walked in at the bar door - they were together, and I heard my wife say,"This is a bad one" - I instantly looked at the prisoner. and saw she was the woman who had passed the half-crown at three o'clock; I did not then recognize the man - I directly seized the woman by the hand, and said she should not go out of my place; I sent for an officer -Bell then swore, that if I caught hold of his wife, he would knock me down, or something - I held her, and we had a scuffle, I and Bell were on the ground together; I was obliged to let her go, to extricate myself - she ran into the street, I followed, and caught her three or four yards from the door - Bell followed, and we had a scuffle; I was upset in the mud; Bell was on the top of me, and I think the prisoner also - I let go of her; my wife called to a coal-heaver, who came and caught hold of Bell - the prisoner was then just liberated from me, and hardly out of sight - somebody took her again; I have not a doubt of her person - the coal-heaver took Bell into the tap-room; I took her in - they were searched in the back parlour by Catmull; a shilling and three halfpence, good money were found on Bell, but nothing on the prisoner -I got four bad half-crowns from my wife, which I gave to Catmull.
RICHARD HAYNES . I assist in painting and plumbing, and live in Nagg's Head-court, Golden-lane. I was standing by Pagett's door between six and seven o'clock- there was a scuffle in front of the bar; Pagett, Bell, and Tobin, all fell together; the prisoner liberated herself - she then staggered, and I saw some half-crowns fall from her side; I told James Fean , who was standing by, to pick them up and give them to his mother - he is Mrs. Pagett's son; he did so - I only saw three on the ground; the prisoner ran into the street, when they fell from her, and was stopped by a coal-heaver.
JAMES FEAN . I am ten years old - Mrs. Pagett is my mother. I was in the house when the scuffle took place, and saw the prisoner there; Haynes told me to pick up three half-crowns - I saw them on the floor; I picked up four - I had seen them fall from the prisoner, I am quite certain; I gave them to my mother.
BENJAMIN CATMULL . I am a constable. I apprehended the prisoner and Bell in Shoe-lane; I found a good shilling and three half-crown pieces on Bell, but nothing on Tobin; I produce four half-crowns, which I received from Pagett.
JOHN FIELD . I am an inspector of counterfeit coin. -This half-crown is cast from white metal, and not worth a farthing; the other four are also of the same metal, and are counterfeit - they are from three different moulds.
EDWARD JOSEPH POWELL . I am assistant to the Solicitor of the Mint. I produce a copy of the record of the conviction of Margaret Tobin , in May, 1830, for uttering counterfeit coin - I got it from Mr. Clark's office.
RICHARD STEED . I am a turnkey of Newgate. The prisoner was tried here on the 1st of January, on a similar charge, and was sent to the Compter for six months - she was released a fortnight ago; I have no doubt of her person.
Prisoner's Defence. I had no half-crowns in my possession.
GUILTY . Aged 16.
Confined Two Years , and to find Sureties for Two Years more .
EDWARD PHILIP GRAYSON . I am in the employ of Mr. Greaves, a coffee-dealer, of Gracechurch-street . On the 19th of November, about half-past six o'clock in the evening, the prisoner came in for an ounce of coffee, which came to 2d.; I served him - he offered me 6d., and I gave him 4d. change; he took the coffee away; I put the sixpence into my desk - there was no other money by it; Fawcett, who was behind the counter with me, looked at it, and said it was bad - I then looked at it, found it was bad, wrapped it in a piece of paper, and put it into the till; there was no other money there in paper - I produce it, and am quite sure it is the same; next day, about twelve o'clock or a little after, he came for another ounce of coffee, and offered me a shilling - I looked at it, and found it was bad; I kept it, and sent for Kelly, an officer, who secured him - I asked where he got it; he said he got it in change of half a crown, at a public-house in Cornhill - I said I would go with him to the public-house, and if I found it true he should be discharged; he said if he went the people might not know him, and he would not go - I put the shilling into the paper with the sixpence; they have been kept separate from all other money ever since.
JAMES THOMAS FAWCETT . I was present on the 19th of November, when Mr. Grayson took the sixpence from the prisoner, for an ounce of coffee - Grayson put it on the desk, and was going to put it into the till, but I looked at it, thought it bad, and mentioned it to him; he found it was bad, put it into a piece of paper, and into the back part of the till; I was present next day, when the prisoner came and offered the shilling - Grayson came round the counter, as if to tell me to get change, and sent me for an officer; I am certain of the prisoner's person.
THOMAS KELLY . I apprehended the prisoner, but found nothing on him; the shilling was delivered to me - Grayson went with me to the Mansion-house; I there returned him the same shilling, after the examination.
Prisoner's Defence. On the Saturday morning, when I went to the shop, the gentleman said I gave him a bad sixpence the night before; how could he tell that, when he put it into the till with more silver? he said he did not know it was bad till he offered it to a little girl, who refused it.
GUILTY . Aged 24.
Confined Six Months , and to find Sureties .
THOMAS JOSEPH TINDALL. I drive a van . On Thursday, the 9th of December, about six o'clock in the evening, my van was in Crutched-friars - this coat was in the seat of it; I had left it for about four minutes, to deliver some goods at a cellar, leaving Cheaper by the side of the van -I had not noticed either of the prisoners about; on my return my coat was gone - I have not seen it since.
CHRISTOPHER JAQUES CHEAPER . I am clerk to Mr. Herring, the owner of the van - I was by the van when Tindall went to deliver the goods; I saw his coat on the seat - I saw the two prisoners pass the van, and am certain of them; they came back again - I crossed over the way to speak to a customer, and while there the two prisoners came by on the same side as I was then on; I heard one say to the other, "Do you see that person in a cap?" I had a cap on - the other replied, "He has nothing to do with it:" they then crossed over to the side of the van - I saw Linsey take the coat off the seat; he was then on the
Linsey. Q. Was I walking or running when you took me? A. Running - you were smoking a pipe when you passed the van, before the coat was taken, but not when I took you.
Freak. At the time I was passing between the van and where he laid hold of the other prisoner, it was very dark; I was passing ten minutes or a quarter of an hour after - he collared me, and said, "You have got it:" I said,"What do you collar me for?" he said he had lost a coat, and that I took it - I said, "Well, put me under the gateway and send for an officer;" does it stand to reason that I should come by after taking the coat? it is impossible to distinguish a person in such a street as that.
Witness. I had light enough to distinguish him; I had had three views of them and have not the slightest doubt of them - Freak threatened my life, going to the watch-house, and called me by a name which I cannot mention, saying what he would do when at liberty.
FREAK - GUILTY . Aged 24.
Transported for Seven Years .
LINSEY - GUILTY . Aged 19.
Confined One Year .
NEW COURT. MONDAY, DECEMBER 11.
Fifth Middlesex Jury - before Mr. Common Sergeant.
142. ESTHER JONES was indicted for stealing, on the 31st of October , 1 shift, value 6d.; 2 petticoats, value 2s.; 1 gown, value 2s.; 1 apron, value 3d., and 1 bedgown, value 6d. , the goods of Elizabeth Jones .
The prosecutrix did not appear NOT GUILTY .
MARY FERNEY . I am going on for nine years of age; I live with John and Ann Curvey , at Stoke Newington - my father is dead, and John Curvey married my mother; the prisoner used to keep his books . He was there on the Sunday before the 4th of November, and I was in the same room with him - Mr. Curvey's desk was in the room; I saw the prisoner take the money out of that desk - he had a handkerchief in his hand, and pretended to wipe his nose; he put the money into his coat pocket; I saw two pieces of money, but I cannot tell whether they were sovereigns or half-sovereigns - he sat down, wrote, then got up, and went away - I saw no more of him.
Cross-examined by MR. PHILLIPS. Q. I believe he is in the habit of coming to your father-in-law's to settle his accounts? A. Yes; the books were kept in the desk - he was in the habit of mending his pens; I know it was not his knife that he had in his hand - the knife laid on the desk - he put up his handkerchief.
ELIZABETH FIELD . I am the wife of Charles Field . On Sunday evening, the 31st of October, I was in Mrs. Curvey's room; she was lying-in at the time - I saw Mary Feruey come into the room; she said something to her mother, who gave her a box on the ear, but she still persisted in making her complaint.
ANN CURVEY. On the Thursday before the 4th of November, I counted the sovereigns we had, and on the Saturday I was put to bed; there were twenty-one sovereigns and three half-sovereigns - I put them into the secret drawer in the desk in the room we sit in; the prisoner was in the habit of attending to the books. On the Sunday evening (I believe it was between five and six o'clock) my daughter gave me some information - I did not attend to it. but gave her a box on the ear.
Cross-examined. Q. How long has he been in the habit of coming to your house? A. About five years - he is single.
WILLIAM CHESHIRE . I am servant to John Curvey . I saw my mistress with twenty-two sovereigns and a half on the Thursday before the 4th of November; she counted them in the shop we work in, and then went into the house.
Cross-examined. Q. Did he find the desk open? A. Yes.
JOHN CURVEY . I live at Sandford-lane, Stoke Newington. The prisoner managed my books - I paid him half a guinea a quarter; this transaction took place on the 31st of October - he had applied to me about a fortnight before to lend him some money; he said he wanted two sovereigns, and I agreed to lend it him - on the Sunday in question, about three o'clock in the afternoon, I met him about the middle of the lane; he asked if I could lend him the two sovereigns he had asked for - I promised to lend it him, and I met him at the Bull public-house that evening, about ten o'clock; I went with him to my own house, and went to the desk - I had at that time one sovereign on my own person; I lent him that, and one other which I took from the desk - I had not taken any money from the desk from the Thursday preceding; the money remained there, for any thing that I know to the contrary - when I took the sovereign from the desk, he said, "You had better lock it, as there is a strange woman in the house." meaning the woman who was attending on my wife; I locked the desk, and he asked me if I knew exactly what I had in it - I said I did not exactly; on the following day my wife gave me information - I counted the money then, and found nineteen sovereigns; the desk had been locked from the time I had the conversation with the prisoner -I informed Brown, the officer, and he brought the prisoner. who was taken to the watch-house and then to Worship-street; he there asked me to take the girl into a private room, and said sooner than come under the scandal of being published in the newspapers, he would pay me the money, and he would rather I should keep the girl from going into the office.
Cross-examined. Q. How long had he been in your employ? A. About fifteen months; I said I did not wish to prosecute him, but I did not say there was any mistake - I firmly believe there is none.
ROBERT BROWN . I am an officer. I took the prisoner - he denied the charge.
JURY. Q. Was there any money found on him? A. Yes, a half-sovereign and some silver.
Prisoner's Defence. I borrowed the two sovereigns; I then went to a place in Park-street - I paid 17s. 6d. out of one of them, and had 2s. 6d. left; when the officer came to me, he said, "Harry, you are my prisoner, I come from Mr. Curvey, who says you have taken 50s. from him;" I said I had borrowed two sovereigns, and I would go and explain it to him - we went down, and when we had had some talk, Mr. Curvey said, "You may as well stop and sleep with me;" Brown said, "No. you can't take him out of my charge" - I thought I would sooner pay the 50s. and have done with it; I called him and said, "Although I never had the money, I would sooner pay it than go before a Magistrate, and I hope you have not mentioned it to any one" - the night before he said he would not mention it; I said I would pay the 2l. at Christmas, and the rest at Lady-day - he said he would agree to that if I could get the signature of my master; I said I could not - while we were talking the officer came, and we were taken in; the child said she saw something in my hand glittering, and I had put it into my outside coat pocket, with the handkerchief and all - on the second day there was a regular tale made up, which plainly shows the child must have been tutored by some one, namely that I took the front of the desk down, and poured the money into my handkerchief; I did go to the desk, and take out the books - I had occasion to return for a pen, which I took out of the drawer that had the money in it; when I returned with the prosecutor, he opened the desk and took out two sovereigns - he then said, "Give me the sovereigns back, and take a cheque which I have here for 9l., and bring me the difference;" he looked for it, and it was gone - he said,"I dare say she has got it up stairs;" I said, "You had better inquire about it, and you had better lock your desk, any one could come and look over your books" - I said, "Do you know what you have in the other drawer?" he said, "That is all right enough;" I said,"You had better inquire about the cheque" - I then went away; there was 18s. 11d. found on me when I was taken, which was the change of the two sovereigns.
Prisoner. Q. Have you not lost money out of that drawer before? A. Yes.
JURY. Q. What is the nature of your secret drawer? A. It stands in the middle of the desk, and is eight inches deep; to get the money you must take it quite out, and turn it up - I do not think that could he done under the cover of a handkerchief - it would not make a rattling.
JURY to MARY FERNEY . Q. What did the prisoner do? A. I saw him take the money out and put the drawer in again - I did not see any body else go to the desk; the drawer shuts quite up, so that no one could tell whether it was locked or not.
Cross-examined by MR. PHILLIPS. Q. How do you know that he did - did you see him? A. No, but I had another shop, and I let it, - the prisoner told me to take the money and put into these drawers, to keep it secret from my wife, but I showed it to her the next day.
GUILTY . Aged 50. - Transported for Seven Years .
Before Mr. Sergeant Arabin.
144. JAMES PERRY was indicted for breaking and entering a certain building, within the curtilage of the dwelling-house of Susannah Nash , and occupied therewith, but not being part thereof, and feloniously stealing one bushel and a half of onions, value 5s., her property .
MR. CLARKSON conducted the prosecution.
RICHARD ROSEWELL . I am gardener to Mrs. Susannah Nash . of Hyde-house, Edmonton ; it is her dwelling-house. On Saturday, the 4th of December , I had some onions hanging round the tool-house, which is enclosed within the fence with the dwelling-house - they were tied up; I and my man had tied them - I should know the ties again; I went there on the Monday morning about seven o'clock, and all the onions which had been tied were gone - the outer door was closed; I opened that, and saw the other close, with the lock hanging to it.
COURT. Q. What was the fence composed of? A. Brick-work, and a door-way, that door was found closed - the persons who entered the tool-house did not go that way, they went across a ploughed field and then into the garden.
MR. CLARKSON. Q. Did you see foot marks at the back of the premises? A. Yes, of two persons - there is a ploughed field and a grass field at the back, and then an entrance into the garden; the door of the tool-house is at the back of the premises, and the footsteps were traced down the garden - the tool-house door was drawn too, but not locked; I pushed that open, and saw the lock hanging to the inner door, and the onions were gone; it had been secure on the Sunday - the onions had not been cut off, but drawn from the ties; I got a search-warrant, and went to Scate's house about eleven o'clock; we found the onions behind the shutter, in a suck - this prisoner did not lodge at Scate's, but Wilson, who has escaped, did - the prisoner and Scate were both apprehended, but the bill was thrown out against Scate - these are the onions, and these are my ties - this is the sack the onions were in.
HARRIET SCATE . I am the wife of James Scate - we live at Bury-street, Edmonton, half a mile from the prosecutrix's; I know the prisoner; Wilson is my own brother. On Sunday morning, the 5th of December, about four o'clock, my brother came into my room, and lit a candle at the rush-light I had burning - I was awake, but did not speak to him; my husband was fast asleep - I then thought I heard two persons in the house - I came down and saw Perry and Wilson there; they had some onions - they were picking off the ties, and putting them into a sack, which was afterwards taken by the officer - I said to my brother, "For goodness sake, what have you been after?"- he told me to go to bed again; I think my brother said they went after the apples, but they were gone, and they had brought the onions.
GUILTY . Aged 32. - Transported for Life .
Before Mr. Recorder.
WILLIAM BUTCHER. I am a carpet agent , and live in Great Marlborough-street . The prisoner was in my employ as a winder , but was not at all employed to sell carpets - from information I received, I called on several pawnbrokers, and found six carpets, which I am quite sure had been under my care, as an agent; we do not sell retail.
Cross-examined by MR. PHILLIPS. Q. I believe some young men had been in the habit of visiting at your house? A. They were not visiting - they could not get into my house without being let in; they were transported on a charge of stealing carpets - the prisoner was seven or eight years in my employ.
THEOPHILUS HERRINGTON FENTON . I am in the employ of Mr. Thomas Nicholls , a pawnbroker, in Gray's-Inn-lane; but I did live at Mr. Board's, in Shoreditch. I believe the prisoner pawned some carpet there in March or April, which I think was claimed by Mr. Butcher about two months afterwards - it was pawned in the name of Naggs, and to the best of my recollection the prisoner is the person who pawned it; I cannot be positive.
MR. BOARDS. I have the carpet which was pawned in the name of Isaac Naggs - I was in the shop, and know the prisoner is the person who pawned it; I can speak positively to him - 1s. 6d. was lent on it; I think it was about one yard and a half long.
WILLIAM BUTCHER. This is my carpet - we do not sell such small quantities, except once in two or three years, for bed-rooms - we have sold none since March.
Cross-examined. Q. Had you sold any before March? A. Not of this pattern - I swear positively this has not been sold; it was made at Kidderminster - the manufacturer is an extensive dealer - he sends to another house besides me, but I do not think this carpet has been sent there; I have no private-mark on it.
MR. PHILLIPS to MR. BOARDS. Q. I observed you took some time to look at the prisoner? A. I do not know that I did - I had seen him at the office; it was on the 23rd of March that he pawned this; I have a perfect recollection of his person - I am sure I have seen him more than once; I cannot swear whether it was evening or morning, but I think I could undertake to swear he had a fustian coat on - I am almost certain of that; I swear the prisoner pawned the carpets.
JAMES COCKSEDGE . I am apprentice to Mr. Castle, a pawnbroker, in Church-street, Shoreditch. I have three pieces of carpet - these are the duplicates of them; one was pawned on the 10th of April, in the name of Grew, one on the 25th of March, and one on the 2nd of April, in the name of John Naggs - the prisoner pawned the two in the name of Naggs, but I cannot be positive that he pawned the other.
Cross-examined. Q. What is the last line on this duplicate? A. No. 9, Vincent-street, and L. for lodger - it is not because I see the name of Naggs on the duplicates that I swear to the prisoner; I know him so well I could not be mistaken in his name - I believe he had a fustian coat on, but I am not positive; I cannot tell whether it was in the day time or the evening.
MR. BUTCHER. These have never been sold nor been in wear - they are remnants for bedside pieces; here is one I can swear to more particularly - I had it made to my own taste; it did not answer, and was thrown aside.
Cross-examined. Q. Did not you swear to the other as positively as a man could swear to them? A. Yes, but I said there was another house had it, and this is a pattern not likely to be sent to the other house; I sent the pattern to Kidderminster, and the manufacturer might have made it.
JAMES MARLOW . I am shopman to Mr. Castle, the pawnbroker. The prisoner was a customer at our shop some time back - I have a piece of carpet which I took in of a person in the name of John Naggs, No. 9, Vincent-street, on the 14th of April, but whether the prisoner pawned this I cannot say.
JURY. Q. Had you any other customer of the name of Naggs? A. No.
JOHN ROBERTSON . I am an officer. I took the prisoner in Old Nichol-street, Shoreditch - on the 20th of November there was a fire and he came to see it; I told him I had received information that he had absconded from Mr. Butcher, in consequence of some carpeting - he made no reply, but made a little resistance; he did not get out of my hands - I found no duplicate on him, only some halfpence.
MR. BUTCHER. This is my carpet.
Cross-examined. Q. Have you sold any of that? A. Yes, whole carpets, but not patterns; we do not sell them till they accumulate to a large quantity - one of the persons named was transported at the April Session, and one at the last Session, or last but one.
JAMES GOODWIN . I was in the prosecutor's employ. I remember the latter end of April, or the beginning of May, the prisoner went out to get one of the men's supper; I said to him, "Your brother is out, and Mr. Butcher will not allow you to be running out so;" he went and brought in a pot of porter - he left the next night, and did not return to his work; he was a winder, and had 2s. 6d. or 2s. 8d. a week from each person he wound for - he wound for three, I believe.
Witnesses for the Defence.
WILLIAM MARSHALL . I am a weaver, and live at No. 5, Park-street, Bethnal-green. The prisoner has been with me ever since the 8th of April, I am sure, because a relation of mine was put to bed that day, and he has been with me ever since that time.
COURT. Q. Do you mean living in the house with you?
MR. BUTCHER. I can swear most positively to seeing him at my warehouse on the 24th of April, if not on the last day of April: he had not left my service, but was working there from day to day.
SAMUEL TAYLOR . I live in High-street, Mile-end. I have known the prisoner five months; he lived at my brother-in-law's, William Marshall - he went there on the 28th of April; Marshall has made a mistake of twenty days.
The prisoner received a good character.
GUILTY . Aged 17. - Confined Two Months .
JOSEPH CLARK , JUN. I am thirteen years of age, and am the son of Joseph Clark . a boot and shoemaker , who lives in the King's-road, Chelsea . On the 6th of November I was in the shop, at a quarter after eight o'clock in the morning; these boots were inside the shop, on a butt of leather - I did not see them taken; they were safe three minutes before.
Cross-examined by MR. PHILLIPS. Q. I believe within that three minutes you saw a man in the shop? A. Yes, the prisoner came in and said, "My little man, I want a pair of laces;" he was not the man who took the boots.
COURT. Q. Did you go and see the prisoner with them? A. Yes, under his great coat; another man parted from him, and went another way - they were together, and about sixty yards from my father's, when I first saw them- a butcher saw me; he called the Policeman to stop him - the boots were under the great coat, which hung on the prisoner's arm.
CHARLOTTE CLARK . I am the daughter of Joseph Clark . I saw the prisoner come into the shop - I saw the boots taken by a tall man in a blue coat; I told my brother to run after him; the boots were afterwards brought back to the shop.
Cross-examined. Q. Was your brother in the shop? A. Yes, and I was in the parlour; I could not see very distinctly - there is a sort of canvas curtain; the prisoner was not the person who took them.
WILLIAM BRADLEY . I am a Police-constable. On the 6th of November, at a quarter before nine o'clock in the morning, I heard a cry of "Stop that man!" a person passed me with a blue bag - I turned the corner, and two or three men were running together: I followed, and cried Stop! one said this was him, and another said that was him - this pair of boots were thrown over some pales, and I took the prisoner, who was running, supposing he threw them - he said he knew nothing about them - I do not know whether he had a great coat or not.
Cross-examined. Q. The person with the bag went away? A. Yes.
NOT GUILTY .
148. BRIDGET GLEESON was indicted for stealing, on the 4th of December , 1 shirt, value 2s.; 2 shifts, value 2s.; 2 pairs of trousers, value 2s., and 1 pair of stockings, value 1s. , the goods of Matthew Hill .
SARAH HILL . I am the wife of Matthew Hill - he is a bookbinder , and works in St. Martin's-lane . On the 4th of December I had this shirt, these shifts, trousers, and several other articles wrapped up in an ironing blanket, ready to iron - I was gone out for some work, and left them in my room on the first floor; it is at a shop, and there is a middle door, which is open in the day - a person might have walked in, and taken them; I went out about half-past eleven o'clock, and returned at one - I saw a crowd round the house, and was told a woman was at Bow-street office; I went there, and saw these articles - Frederick Lowick keeps the house.
THOMAS SANDS . I am a Police-constable. I was called about one o'clock, found the prisoner in Mr. Lowick's, and some property on her - these things were laying by her in the passage in a sheet, but not tied up, and she had in her possession a pair of brass candlesticks and some other things of Mr. Lowick's; she said she was very sorry, and that distress drove her to it.
FREDERICK LOWICK . I am landlord of the house. I believe these articles to belong to the prosecutrix and her husband - I had known the prisoner's person, but she had no right in the house - I came home at twenty minutes before one o'clock on the 4th of December, and heard some high words in the passage; I ran in, and saw the prisoner with this bundle of things by her side, and some in her apron; my wife was accusing her of having my property - she said, "I have nothing more belonging to you;" I said,"Before you go from here, I will go up stairs and see;" I went up - all the things in my room were packed up ready for removal, and I missed some articles; the prisoner must have been very busy, if she did it all herself - when I came down my wife said, "We will all go up together;" but the prisoner got to the door, and ran out - she was brought back.(Property produced and sworn to.)
Prisoner's Defence. I was coming from Newgate-market, and met a woman in St. Andrews street, who said,"If you will go to a place up here, I will satisfy you for your trouble; go up to the one pair landing place, and there is a bundle near the door - I have had some words with my husband, and if I go in I shall be known; bring that bundle down, and if the door is open you will see another one;" I went, got these things, and as I was coming down the gentleman said, "Where are you going?" I said I was sent for these things - I put them down, and said I would go and get the person; they pursued me, and said I was going to make my escape - they would not give me time to fetch the person.
GUILTY . Aged 29. - Transported for Seven Years .
Red Lion-yard, Old Cavendish-street . The prisoner was in my employ; I looked through a hole in the staircase on the 19th of November, and saw him put these phials into his pocket - they had been in a bin near the door; he then left the warehouse - I ran down, and called him back; I found thirteen phials on him - he said he hoped I would not be hard with him; he had been there four or five months - we have four other servants; the prisoner gave me a reference, but I did not attend to it.
GUILTY . Aged 26. - Confined One Month .
MARY GOLD . I live in Oxford-street , and keep a hardware warehouse - my sister Elizabeth is in partnership with me. We lost a basket on the 1st of December, from under the window, just outside the shop; I had seen it perhaps half an hour before - the prisoner was brought back with it.
GUILTY . Aged 12. - Transported for Seven Years .
151. GEORGE BROWN was indicted for stealing, on the 4th of November , 300 wax impressions, value 1l.; 7 fancy stoves, value 40s.; 1 seal, value 10s.; 1 silver box lid, value 10s.; 1 book, value 3s.; 2 gold ferules, value 20s.; 1 silver table-fork, value 20s., and 1 eye-glass, value 5s., the goods of George Halfhide , his master .
MR. ADOLPHUS conducted the prosecution.
GEORGE HALFHIDE. I am an engraver , and live in Coventry-street - the prisoner was a stone-seal engraver , in my employ; he had formerly lodged in my house, but did not at this time - he was paid by the piece for what he did, and might always earn five guineas a week.
Cross-examined by MR. PHILLIPS. Q. What is the name of your firm? A. Halfhide and Co., but I have no partner - my son manages the business, but has no share in it; I never allowed him to pawn any goods, but I have pardoned him for it, upon a promise that he would not do it again; I said before Mr. Metcalf that I was aware a fork had been pawned by the prisoner - he never left my employ; I took him from the board; I have heard that he has worked for Mr. Metcalf - I gave a seal to Mr. Metcalf to do, and he gave it to my own man to do it; I will not swear that Mr. Metcalf, Jun. did not tell me the prisoner worked for his father as well as for me, but I have no knowledge that he did - I do not know whether Mr. Metcalf is in business for himself or not - they are in opposition to Mr. Strongitharm, in Pall-mall; my house is at the other end of the street; I did not know the prisoner was working for Mr. Metcalf - he was to work for me only; I only knew it by seeing his book when he was taken up -I have no recollection of knowing it from Mr. Metcalf: the prisoner had lived with me about thirteen years - he was a good workman, and would have been of value to any one who employed him - the prisoner's uncle has been employed in my house for fifty years - I have given him seals to engrave, partly for amusement; he was principally supported by me - I was brought up with him, and had it not been so, I should not have taken the prisoner.
Re-examined. Q. Did you ever commission him to pawn any thing? A. No; I had no communication with Mr. Metcalf till I found something out - I had no knowledge of his going into Mr. Metcalf's employ.
JOHN D. METCALF . I have known the prisoner as long as I can remember; he came to me some time ago, making a communication about some fancy stones - I think it was some time in October; he said he had a few fancies to sell - I said if they were worth any thing, I would buy them of him; he wanted 1l. or a guinea for them - I said I had no objection to give him that; he then brought six fancies - I just looked at them, but I can scarcely swear whether they had impressions with them or no - they were common place sort of things, but I bought them; I mentioned to him, that a year or two since, I was over at his house, and bought a book-case, and in the drawer were a number of what we call working impressions - I said, "They are of no use to you, will you let me have them;" he said"There is one I should not like to part with, the others you may have if you like," and I had them; there were three or four dozen of them - the stones I bought of the prisoner went out of my hands into the hand of Mr. Jones, Mr. Halfhide's jeweller; I have seen six stones, which I believe were the same I gave to be set; I gave them to the officer - to the best of my knowledge, they were the same I gave to be set; I gave an indefinite order to mount them in good mountings - they were of ideal value.
Cross-examined. Q. But you would not take upon yourself to swear to them, I should think? A. No; I should think no one could without a private mark - the prisoner has occasionally worked for me and my father; I never mentioned it, but either the prosecutor or his son, said, "I suppose it will be Brown from Halfhide's, and Metcalf from Strongitharm's" - the prosecutor and the officer were present at the time; my father and I are in opposition to Mr. Strongitharm - I remember the prosecutor speaking in reference to some spoons off which the crest had been removed; he said he had no objection to his pawning, so long as he brought things back - the prisoner has worked for my father for a number of years, to my knowledge; he has occasionally given him work to do - he has borne an honest character.
MR. ADOLPHUS. Q. Was this declaration respecting pawning, after the prisoner was in custody on this very charge? A. Yes, he was alluding to a spoon, and when he saw the crest was filed off, he said he could have no intention of returning that - and what he said about,"Brown from Halfnide's, and Metcalf from Strongitharm's," was said in my shop - the prisoner was employed at Mr. Halfhide's constantly, but at his leisure hours he might do a job occasionally; he might have done two arms in the course of last year for me - he did more for my father; I do not know how many - I know my father has often said, Brown has got so and so.
Cross-examined. Q. Had you known him well? A. Yes, perfectly well.
THOMAS VESPER . I am shopman to a pawnbroker. I have a silver table-fork, and a seal ferrule, pawned together, on the 4th of August 1829, I cannot swear by whom; they were never renewed, but have remained in our possession - I lent 20s. on them, in the name of John Brown.
HENRY GODDARD . I am an officer. On the 28th of October, I took the prisoner at the prosecutor's shop; I produced to him this card of impressions, and asked what he had done with the stones which made them; he said he had sold them to Mr. Metcalf a fortnight or three weeks before - I searched him in the shop, and found in his breeches pocket, a cornelian stone, with the figure of Hope on it; I had made him no threat or promise - I took him to the office, and then searched his lodging in Newman-street, in consequence of information I received from Mr. Halfhide - I found a woman who acknowledged herself to be his wife, but I had not seen them together; I found at his lodgings the duplicates of the property which has been produced, and some others.
COURT. Q. Did you find the duplicate of the tablefork? A. Yes, and of the seal-setting on the same duplicate, pawned for 1l. on the 4th of August, 1829; I also found the four duplicates of the articles pawned at Mr. Lawton's -I have the six seals and an eye-glass, which I received from Mr. Metcalf; these seals exactly correspond with these impressions.
Cross-examined. Q. Then the prisoner told you at once he had sold these stones to Mr. Metcalf? A. Yes; I did not know Mr. Metcalf at that time - I never saw the prisoner at his lodgings, nor the woman and him together; I did not ask the prisoner whether he had engraven these things himself.
MR. METCALF re-examined. These six seals are the same as I received from the jeweller to whom I gave the stones to set - and, to the best of my belief, these impressions correspond with these seals; they appear so to do, but I think some have been taken since they were mounted, and some before - these two seem to be taken before they were mounted, they appear to tally; two stones can be engraven so nearly alike, as to give the same impression - the impressions appear like these stones, but I could not say they came from them, unless I were to take an impression and examine them with an eye-glass, and then they might be so imitated that I could not tell - I have no reason to doubt that these are the stones I gave to be mounted, but I could not swear to these; they were away for a week or ten days - here are seven impressions on this card, and six of them correspond with these stones; I have known the prisoner many years - he lived in Castle-street, Leicester-square, and then he said he lived in Newman-street; I understood from himself that he was married; I do not know whether he had any children.
Cross-examined. Q. Is not Newman-street a street in which a great many artists live? A. I do not know - there is nothing to prevent the jeweller who set these stones from being here; there was nothing clandestine in the prisoners dealing with me - I gave them to the same man to set who works for Mr. Halfhide; there are a great many of these impressions in the trade.
MR. HALFHIDE. I sent the officer to his house in Newman-street - it is a house of my own, and he lived there; the woman was his wife - she had been a servant of mine, and married from my house; these are the impressions from the stones which were taken from me, and these are the stones - they are some very fine ones, which I bought a great many years ago; I have no doubt in the world of their being mine, no more than I have of being here - this seal ferrule is mine; I came to town, and charged the prisoner with stealing the stones - he denied it; I did not hold out any promise or threat to him - I told him I knew he had sold these stones, and where he had sold them; he then said he had taken them - this other seal was found in his pocket; this duplicate of the fork was found in an old pocket in the house in Newman-street - this silver lid is mine, and this book; I valued these stones at 6s. 6d. each, which is a low price; I never gave him any power, authority, or commission to pawn or sell any one of these things.
COURT. Q. Is that spoon in the state in which it was? A. No; there was a crest on it and a coronet, but they are filed off - I had applied to a pawnbroker before, and they said they would not take in a spoon with a crest and coronet on it.
Cross-examined. Q. Was any one present when he told you about these stones? A. No, not at first, but he confessed it before the officer; the impressions on these stones are private-marks - they were done by the prisoner's uncle; it is so difficult a thing to do the same work on two stones, that I do not think it quite possible; there may be hundreds of impressions of a leaf similar to this, but not like it - there may be imitations, but not fac similes; I believe no man could imitate one of these, and place them before me, without my being able to see the difference - I differ from Mr. Metcalf in that respect; I do not know that he can see better than I, though he is a young man - his father has been a great many years in business; here is no private-mark on this seal but the work, and here is a bull's head on this one, which cannot be seen with the naked eye - I have no private-mark on any of them.
MR. ADOLPHUS. Q. Can you put a mark on a cornelian stone? A. Yes - there is a particular manner in which artists view seals, so as to know them; it is very difficult to do two things alike - I had a spoon-fork like this, with a crest on it.
Prisoner's Defence The spoon-fork and lid are not Mr. Halfhide's; they were given to me, and he was fully aware of what I had done with them twelve months ago- he said he would not have prosecuted me if he had not had a jealousy that I worked for others; I am indebted to him, and he stated a few weeks ago that he would either arrest or prosecute me - if he arrested me, he said he supposed I should take the benefit of the Act; these impressions have been in my possession for years - some
GUILTY . Aged 32. - Transported for Fourteen Years .
Before Mr. Sergeant Arabin >.
SOPHIA SMITH . This money was mine - there were thirteen penny-pieces, and twenty-two halfpence, which I had put on the counter, in a little shop in Essex-street, Battle-bridge , which is kept by my mother, but I had the care of it. On the 15th of November I went out about eight yards from the shop - I saw the prisoner come up the street, and turn into the shop; I stooped down, and saw him draw his hand from the place where the money was - I was going in, and he came out; when he had got a few yards I called Master! he then ran down a street; a person I spoke to ran after him, and gave him in charge of the Policeman - he was brought back, and I asked him to give me my money; he said he would see me d-d first.
Prisoner. Q. By virtue of your oath, who left that money on the table? A. I did - I did not swear that my mother took it out of the till, and left it on the table; I had gone to the next door but one; I did not say I ad left the house in care of a neighbour.
ROBERT JACKSON . I was going up Pancras old road, on the 15th of November, a quarter before twelve o'clock- I heard Stop thief! called turned, and saw the prisoner running towards me; a man with his shirt sleeves turned up said, Stop him! he turned down a street, and was stopped.
Prisoner. Q. Did I make any resistance? A. No.
Prisoner. Q. Did you see me running? A. No, I was not in that street - I found some paper on you.
Prisoner's Defence. I had been employed in a cotton-warehouse, and the gentleman sold me a little soiled cotton - I retailed it about; he used to take half in money and half in goods for it - this was my own money, and I can account for every farthing of it.
GUILTY . Aged 36. - Confined Six Weeks .
GEORGE HAMMOND . On the 20th of November I met the prisoner at seven o'clock in the morning, opposite the old steeple, in Church-street, Hackney, which is about five miles from the prosecutor's - he had a bundle; I asked what it was - he said a gig harness, which he was going to take to Hackney, and he had brought it from Leighton; I asked him several times where, and at last he said the Spread Eagle - I said I did not recollect there was such a sign; he said it was his master's, and he was going to get a horse and chaise for him - I detained him.
JOSHUA POTTER . I am in the employ of Mr. Hammer - he lives at Forest-gate, West-ham; this is his harness - I had locked it up safe in the stable on Friday night, the 19th of November; when I went the next morning, the door was broken open, and the lock forced off; I missed the harness - the officer found us out in about a week.
Prisoner's Defence. I was employed to carry it to Hackney.
GUILTY . Aged 30. - Transported for Seven Years .
CHARLES CHARLTON. I am a cheesemonger , and live in Castle-street, Leicester-square - the prisoner was my shopman . On the 30th of October, between ten and eleven o'clock at night, I saw a man and woman in the shop - the prisoner served them with a piece of cheese; I passed by them, and saw the woman had a half-crown laying on the counter - I went to the door and heard the half-crown taken, and change given, but I did not hear it drop into the till - I turned back; the prisoner was shutting the till - I saw his right hand was closed, and I judged the half-crown was in it; he went to the back of the shop, and took up a book - I asked what he was looking for, he said he was looking for an entry - I said I would look for that, and told him to go and serve a customer; he still had his right-hand closed - he could not serve, and he put his hand into his inner coat pocket, and took it out open - I called him and another young man into the parlour, and asked him to allow me to put my hand into his coat pocket, which I did, and found this half-crown in it - it was his duty to put the money immediately into the till; he ought never to put it into his pocket.
Cross-examined by MR. CHURCHILL. Q. Where is the till? A. We have two; the one he ought to have put this into is farthest from the door: he then went to the desk, was turning the book over, and looking for some entries he had no business with; money that is taken is never entered there - I will not swear I said, "You have a half-crown," but I think I did; I believe I told him he deserved to be kicked out, and he ought to be ashamed to rob me in that manner - I cannot swear I did not order him to leave my house; he said his boxes could be searched, and there was nothing there of mine.
NOT GUILTY .
ELIZA JONES was indicted for stealing, on the 4th of December , 1 shawl, value 8s., and 1 handkerchief, value 2s. , the goods of John Birckell .
JOHN LOVICK . I live with Mr. John Birckell , a pawnbroker. At three o'clock in the afternoon on the 4th of December, the prisoner, whom I had seen before, came to our shop, took down this shawl and handkerchief, put them under her shawl, and walked away - she got about four yards from the door; I followed her, and took her with this property - it is my master's, and had been on the door-post; she said it was her own - I do not know whether she had seen me in the shop.
GUILTY . Aged 20. - Confined Three Weeks .
SAMUEL PRICE . I am a chair-maker, and live opposite Mr. Tyrrell's shop. On the 2nd of December I saw the two prisoners near his door - Meggin took a pair of shoes off his stall, and gave them to Ledger; I went down, but they had then got them in custody.
THOMAS TYRRELL . I keep the shop . These shoes were laying on the stall before my door, with a good many others; I saw the prisoners, and missed the shoes - I went out, and took Meggin, who was very impudent, but the other stood quite quiet while I took the shoes from him.
LEDGER - GUILTY . Aged 14.
MEGGIN - GUILTY . Aged 15.
Confined Three Weeks .
MITCHAEL RYAN . I was at the shop of Mr. Peter Paterson , in Chiswell-street , on the 25th of November, and saw the prisoner look at some shoes, and take one pair off the hook, just inside the door; he walked away with them - I told the gentleman; he went and took him with them.
GUILTY . Aged 49. - Transported for Seven Years .
158. MARY ROBERTS was indicted for stealing, on the 29th of November , 1 pair of blankets, value 10s.; 1 pair of sheets, value 10s.; 1 counterpane, value 5s.; 1 pillow, value 20s.; 2 pillow-cases, value 2s.; 3 pictures, value 2l., and 1 bolster, value 5s. , the goods of Charles Sharpe .
ANN SHARPE . I am the prosecutor's wife. The prisoner staid only seven days in our house, and left the room locked up till the Monday following; I got an officer to break it open, and then missed every thing that could be carried away - I have found some things.
Cross-examined by MR. PHILLIPS. Q. Did you know her before? A. No, but I am certain she is the person.
Cross-examined. Q. Had not the prisoner three children? A. No, only one; I did not see that she wanted for any thing - I lost three pictures, one of which cost five guineas.
GUILTY . Aged 29. - Transported for Seven Years .
JACOB ROBERTS . I keep a chandler's-shop , at Hanworth, about three miles from Hounslow , and sell beer. -On the 12th of November the prisoner, with four or five more, came to my house, between five and six o'clock in the evening: they were all gone before seven - four of them went away first, and left the prisoner and two others behind; after the last three were gone I missed a fitch of bacon, which had hung against the wall, near the shop door - I had been backwards and forwards, waiting on my customers; I got a warrant next morning, and went to the prisoner's house - he lodged very near me; he has a wife and two children, but there was no one at home - I went into the garden, and found the bacon in a sack, buried, about three inches deep - I knew it to be mine; some had been cut off, and fried in a pan - the fat was in the pan; this hock does not belong to the flitch, but it was on the same hook from which the fitch was taken.
Prisoner's Defence. I know nothing of it - I found it in my garden, and there is a road by the side where carts and waggons pass; any one might get on the mound into the garden.
GUILTY . Aged 26. - Transported for Seven Years .
MR. BODKIN conducted the prosecution.
JOHN RILEY . I am a tea-dealer , and live in Oxford-street . The prisoner had been about five months in my service; in consequence of what I heard I marked four half-crowns, and gave them to Mr. Patterson on the 1st of November - the prisoner was my principal man : on the morning of the 2nd of November I looked into my till, at half-past eight o'clock, and found two of the half-crowns which I had marked; this was on Tuesday, and on the Thursday I searched the prisoner's box, and found in it eleven half-crowns - two of them were two I had marked on the Monday, and left at Mr. Patterson's; the prisoner was taken into custody - he was remanded for a week, and
Cross-examined by MR. PHILLIPS. Q. Was the box open? A. It was not locked - Heritage was before the Magistrate; these were the two marked half-crowns.
NOT GUILTY .
JOHN RILEY . I am a tea-dealer , and live in Oxford-street . On the 4th of November I wrapped up four marked half-crowns in a brown paper, and gave them to Ryan, my porter, to put into the till, about eight o'clock in the morning - the prisoner was taken into custody about nine the same morning; he was desired to produce the money he had about him, and among the rest he produced one of the half-crowns I had marked and given to Ryan - I had looked into the till, and one of the four half-crowns I had given to Ryan was gone.
Cross-examined by MR. PHILLIPS. Q. Was he present when you looked into the till? A. He was in the back of the shop - I had at one time turned Ryan off, but he has been in my employ since; I do not know that he and the prisoner had had any quarrel.
MR. BODKIN. Q. How long is it since you dismissed Ryan? A, About twelve months, and then I took him again; he is a very honest man.
EDWIN HERITAGE . I received the four half-crowns, and put them into the till, between eight and half-past eight o'clock in the morning, while the prisoner was at breakfast; I staid in the shop about ten minutes, till he returned, and then I went to my breakfast - we were then both called in, and asked what money we had.
Cross-examined. Q. Did you examine the till before you put them in? A. I took all the money out, and left nothing but these four half-crowns, one shilling, and one sixpence; the prisoner has never given change when the till could not provide the change - that has never happened; I have never returned when I could not get change, and got it from the prisoner - no customer came while I was in the shop.
Prisoner. Q. Have you not often said to me, "Have you got a shilling or two, or whatever it might be?" A. Never, on my oath.
COURT. Q. How long was it after you deposited the four half-crowns in the till, before he was taken up? A. About twenty minutes - I went to the back of the shop to get my breakfast, at twenty minutes before nine; I returned in about ten minutes - I do not know what passed in that time; there was no one in the shop, on the grocer's side, when I went away nor when I returned -I did not keep my eye upon the prisoner till he was taken; he went up in the warehouse for something - there was a shilling and a sixpence in the till; my master examined the till.
JAMES RUST . I am an officer. I took the prisoner; I saw the money produced from his person - there were two or three shillings, a sixpence, and this half-crown; I was present at the examination at the office.
Cross-examined. Q. At what time did you take him? A. Near nine o'clock - he produced the money himself.
Prisoner's Defence. Heritage knows he has applied to me for change, and when there was not enough in the till, he has said to me, "Have you got so much in your pocket?" I have given it to him, and he has paid me again out of the till - Ryan knows I have often sent him for change, and when he has not got it, I have been obliged to go up stairs and get it out of my box; the prosecutor never came down till eight or half-past eight o'clock, and before that time I had the whole management of the shop - I was anxious not to let customers go, and I gave them change if I could.
The prisoner received a good character.
GUILTY. Aged 21.
Recommended to Mercy by the Jury . - Confined 3 Months .
Fourth Middlesex Jury, before Mr. Common Sergeant.
JOSEPH BATEMAN. I am porter to Mr. Povah, of Leadenhall. I live in Essex-street, Commercial-road: on the night of the 1st of November I met the prisoner in Leadenhall-street - she asked for some gin, and I went with her to a gin-shop in Leadenhall-street; I had at that time about 13s. 6d. - I spent 3 1/2d. at that gin-shop, for a quartern of gin; we then went to a tart shop in Whitechapel, and then to a public-house in Whitechapel-road - we there had some brandy and water, for which I paid 6d. - I then had 2d. worth of oysters, and we went down the Commercial-road , to a house, No. 5; we went up stairs to a bed-room - I there felt her hand at my pocket and told her she was robbing me; she said she was not - I then missed all the money I had had left, which was about 10s. 6d.; she ran down stairs and ran out - I got down and she was gone; there was a private watchman against the house - some time afterwards a Police-officer came up, and the watchman said, "There she goes;" he took her, and I went to the Police station - in going along I heard some silver drop, as I was about one yard from the prisoner; I found about 3s. on the pavement, which I gave to the Policeman, whose name I do not know.
Eliza Newton - she did not ask for more, and say that 1s. 6d. was a very small compliment; she had asked me for more if I staid all night, but my employer does not allow that - it was my own money; I do not know Eliza Newton - one of the prisoner's friends came, and asked me to take the money and make it up; the prisoner returned again in about half an hour, and was taken up -I was standing at the door, but I do not know whether she saw me; I did not ask any one to let me sleep there all night, for I had no money; I got home about half-past two o'clock.
PETER COSTELLO . I am a Police-serjeant. On the night of the 1st of November I saw the prosecutor at the door of No. 5, Cobourg-street, Commercial-road; in consequence of what he said I went in search of a woman - in about half an hour I saw the prisoner going from the house; a private watchman said to me, "There she goes"- I took her to Green-bank watch-house; on the way I heard a noise, and the prosecutor stooped and picked up 3s. by the side of the gutter - I took the prisoner to the watch-house, and found in her bosom a sixpence, and in one of her pockets 4 1/2d.; on the following morning she said this man was to give her half a crown in place of 1s. 6d., and she said she had some of her own money before - the prosecutor was quite sober; I asked the prisoner what was the reason she ran away - she said the prosecutor threatened her life if she did not give him back the money that he gave her.
Cross-examined. Q. What account did he first give you? A. He said he had been robbed of 10s. 6d. - the money found was 3s. 6d. and 4 1/2d.; the prisoner did return to the same house - there was plenty of time to run away; the prosecutor returned to the house after I had taken the prisoner to the watch-house - I do not exactly know what time it was.
COURT. Q. Did you ascertain whether the prisoner lodged there? A. Yes, she rented the room.
The prisoner called -
ELIZA THOMPSON . I left my place on the Saturday night before the Monday on which this happened, and when out of place I lodge where the prisoner does - I was there when the prosecutor complained of being robbed; I was in bed with a had knee - he did not go out of the house; he stood at the door - he came in again, and I asked what he had been robbed of; he said 5s. - there were a great many words between him and the prisoner; he said he would give her blows if she did not return the money, and if she would give him 6s. he would let her go - I suppose he staid in the house near an hour before the officer was called; he returned to the house again said if we could make him up 6s. he would liberate the prisoner, and was very sorry for having her locked up - he said he wanted to stop there all night, and wanted to lay down on the fire-side carpet.
COURT. Q. What sort of a house is this? A. I believe it is a house for the reception of men and women -I never knew any harm of it.
GUILTY . Aged 22. - Confined Six Months .
WILLIAM ROBINSON . I live with Mr. Wills, as waiter. Between six and seven o'clock in the evening, on the 29th of October, the prisoner came in, and had a basin of gravy-soup - he was the only person in the room; I heard the check-bell of the private room ring, and went into the room where he had taken the soup - he was gone; I missed the castors off the two first tables; I came down, pursued the prisoner, and overtook him in Drury-lane; I brought him back - he was searched, and these articles found on him; the officer followed me, and took him - these are my master's property.
SAMUEL HARRINGTON . I am a Police-constable. I was on duty on the 29th of October, and saw a crowd round the prosecutor's door - I went, and saw the prisoner; he was searched, and these articles were found on him, and also these four show-boards, "Scotch ale and soup," which were not claimed by the prosecutor.(Property produced and sworn to.)
Prisoner's Defence. This is the first time I was ever in prison - I have filled respectable situations; I had had something to drink above what I am used to take, and, from an ailment in my head, a very small quantity of drink overcomes me - I am the father of three children; since my confinement my wife has been put to bed of twins; I regret my crime very much, and hope the Court will have mercy upon me.
The prisoner received an excellent character.
GUILTY. Aged 29.
Recommended to Mercy by the Prosecutor .
Confined One Month .
GEORGE HAMBRIDGE . I live with my father, whose name is Richard, in Aylesbury-street, Clerkenwell - he is a pork-butcher . On the evening of the 27th of November I heard of a loss, and went out; I found the prisoner a hundred yards off with a pig's head, which he said he had picked up in the road - I took him back, and missed a head from the board; it was my father's property.
Prisoner's Defence Two boys ran by me, and threw
GEORGE HAMBRIDGE . His mother came, said she could bring two or three respectable witnesses, and my father said she was to be sure and bring them; she came to know what it was about - the prisoner was not running, he was walking with two or three more boys, less than himself; it was tied in a handkerchief when I found him.
NOT GUILTY .
WILLIAM HOLLINGSWORTH . I am a shoemaker, and live at Battle-bridge. On the night of the 3rd of November I was in a shop in Bath-street, City-road - I saw the prisoner and two others come to the door; the other two raised the prisoner up, and he took these shoes off a nail -I went out, the prisoner dropped the shoes, I took them up, pursued, and took him without losing sight of him - I brought him back, and gave the shoes to the Police-officer - the other boy s got away.
Prisoner's Defence. I was walking down Bath-street, and heard the gentleman call Stop thief! I looked round, and he collared me.
GUILTY . Aged 12. - Confined One Week & Whipped .
JOHN HAREWOOD . I live at Pimlico , and am carman to Mr. George, Harrison. On the morning of the 10th of November I left my whip in the yard - I went away, and returned in two minutes; my whip was then gone - in the course of two minutes and a half I saw the prisoner covering something over in a cart; I went up into that cart, pulled off the cloth, and found my whip under a great coat - he said some one had thrown it up into his cart.
JOHN RIDLER . On the 10th of November the prosecutor brought the prisoner to the watch-house, and I took him - the whip was brought by the prosecutor; on our way to the office the prisoner said it came from one or other of the stables, but did not say he took it himself.
Prisoner's Defence. I had my leg hurt, and was going to the hospital; when I came back I saw a man with a whip in his hand, which he put up into the cart - I walked a little way, and was just going to leave the carter to go to the hospital, when the prosecutor came, and said, "You have my whip;" I said I had not - I went back, because he said he thought somebody saw me in the yard; I was not in the cart - my father went to the prosecutor's two or three nights, and said he had witnesses to bring; the prosecutor said there was no need of that.
JAMES HAREWOOD . His father came to me; I said I should speak the truth, but if he had any body, to bring them - I told him so yesterday; the prisoner was in the cart, but he got out before I got to it - I asked no question, but got in and found the whip; I saw no one but him by the cart.
GUILTY . Aged 19. - Confined One Month .
NOT GUILTY .
JANE COOPER . I live in Queen-square, Clerkenwell , and am a widow - the prisoner rented a ready-furnished room of me. On the 20th of November I missed this property, and spoke to her - she said she would take me to her brother's to get the things out which she had pawned, but she ran away from me in Gray's Inn-lane; I had missed the sheet, pillows, counterpane, and flat-iron, which had been let to her with the room - they are worth about 12s.
Prisoner. Q. Did you not, on the Saturday when I asked you to lend me half a crown, give me leave to take any article out of the room, so that I brought it back again? A. No, I never allowed her to pawn any thing - she said she would pay at 2s. a week; I did not say on the Friday,"Your friend has had a very bad week, and if you will pay 2s. and bring in some of the things, it will do" - I did not know your husband had deserted you; you never asked me to let you stay for 1s. 6d. or 2s. a week.
COURT. Q. Do you mean to say she did not offer to borrow any money of you? A. Yes - I never allowed her to pawn any of the things; she and her husband lodged with me twelve months before, and one night they came and asked me to take them, and they would pay 2s. a week; they paid the first Saturday, and the next Saturday she said her husband had run away, but I do not know that he did - I saw him go out the first Saturday morning, but I saw him no more.
GEORGE WEBB . I am shopman to a pawnbroker, on Holborn-hill. I have two pillows pawned on the 9th and 15th of November; I think I have seen the prisoner before, but I cannot say she was the party who brought them - I gave these duplicates for them.
BENJAMIN GOODE . I am the son of Thomas Goode , a pawnbroker. I have a sheet pawned on the 12th of November, a counterpane on the 15th, and a flat-iron on the 16th - I believe the prisoner is the person who pawned them; I have seen her before; I do not know whether there was any man with her - I gave these duplicates.
THOMAS YOUNG . I am a Police-officer. I apprehended the prisoner on the Sunday week before the 6th of December - I searched the room at Mrs. Cooper's, and found these five duplicates there in a cupboard with some teathings - the prisoner told me where to find them.
COURT. Q. Who took the lodging? A. The prisoner came first, took it, and then came with her husband - these articles were all delivered up to her; I am quite sure I never allowed her to pawn any of them - I have no mark
GUILTY . Aged 36. - Transported for Seven Years .
SARAH BALL. I am the wife of Isaac Ball ; he lives in New Gravel-lane . On the Friday, before the 15th of November, I employed the prisoner to clean my premises, and she was also employed on the Saturday evening - she lodged in our house, and went up to her own apartment; on the Saturday night I missed a waistcoat from my drawer, in the room in which she had been at work; I had seen it safe on the Friday morning.
WILLIAM GREEN . I am in the employ of Mr. Mount, a pawnbroker, in Old Gravel-lane. I have a waistcoat pawned on the 12th of November, by the prisoner, in the name of Elizabeth Smith , for 3s.; I had not known her before, but I am sure of her person.(Property produced and sworn to.)
GUILTY . Aged 30. - Transported for Seven Years .
JOHN SHERRY. I am a leather-cutter, and live in Yardley-street, Clerkenwell. About six o'clock in the evening of the 5th of December, I was taking tea at Mr. Wilcock's eating-house - I saw the prisoner come in and take a piece of boiled beef from a dish in the window; the door had been shut - he took it out; I ran and took him with it just outside - he was running: he dropped the beef - an officer was sent for, and he was delivered to him; he said it was his first offence, and that he was hungry.
GUILTY . Aged 20. - Confined Four Months .
ROBERT PRING SNELL. I live in Essex-street, Whitechapel . On the 4th of November I let the prisoner a furnished room, at No. 100, Wentworth-street - I shewed her up stairs; she wanted it for herself, her husband, her sister, and her husband, and said she must have double goods of all sorts for them; the room was then empty, but I furnished it directly, and among the things I put in a candlestick, but not the one stated in the indictment - this she took from where I live in Essex-street; she was to pay 6s. a week for the room she hired, and she paid it nightly for fifteen days - another woman and two men came to the room; I missed my candlestick on the 20th of November, and from some information I went to the prisoner's room; I met the man on the stairs with a flannel waistcoat on - I did not see him in the room; I took the prisoner, and gave her into custody - I did not miss the candlestick from my own house; when I returned from the office it had been brought back again by the woman who bought it of her.
ANN MARTIN . I live at No. 101, Wentworth-street. I know the prisoner by sight - she brought this candlestick to me on the 20th of November, about three o'clock: she offered it me for 10d. - I bought it of her; she said her baby was dead, and she wanted it to buy coals and candles - I heard Mr. Snell had been robbed; I took it to him - I returned it the same day.
JOHN SNELL . I received it again on the 20th of November - the prisoner had been there while I was at home, and asked me to trust her a pint of ale till she brought me the rent at night; she went in, drank it, and stole the candlestick - I told my man to draw the ale, and I went out; this is the candlestick.
Prisoner's Defence. The woman who took the room I had known six years ago in Ireland - she said she had a sick child, and I went to nurse it; they employed me to sell some things for them - there was a man taking a pint of beer at the prosecutor's, and he came and asked me to sell this candlestick for him.
GUILTY . Aged 25. - Transported for Seven Years .
OLD COURT. TUESDAY, DECEMBER 14.
Second Middlesex Jury, before Mr. Sergeant Arabin.
JOHN COTTERELL . I am a shoemaker , and live in Leather-lane . On the 2nd of December, about half-past twelve o'clock, the prisoner came about a yard and a half into my shop, took a pair of shoes, and ran out - I followed him and saw Colton; Colton took him with them.
The prisoner put in a Petition for mercy, representing himself as fatherless, and that his mother was in great distress.
GUILTY. Aged 10. - Judgment Respited .
173. MARY HERRING was indicted for stealing, on the 10th of November , 1 gown, value 5s.; 3 aprons, value 2s., and 2 shifts, value 5s., the goods of Elizabeth Everard ; 2 gowns, value 9s.; 2 petticoats, value 3s.; 2 shifts, value 4s., and 7 aprons, value 4s., the goods of Sarah Eliza Cobb ; and 3 table-cloths, value 8s.; 1 dresser-cloth, value 1s.; 10 towels, value 4s.; 3 knife-cloths, value 6d.; 1 apron, value 1s.; 3 dinner-covers, value 2s., and 3 tea-cloths, value 1s., the goods of John Martineau .
ELIZABETH EVERARD . I am cook at Mr. John Martineau's, in the City-road . This linen was washed at home - Mrs. Winterborn mangles for us; on the 19th of April, between one and two o'clock, the prisoner came to the house, and said, "Please, I am come for the basket of things to maugle" - I said she was not the person who mangled for us; she said she was the person's sister - I asked her name; she said Winterborn - I at last deli
Cross-examined by MR. PHILLIPS. Q. Were you busy when she came? A. Not particularly so - I took particular notice of her, and am certain of her person.
ELIZABETH WINTERBORN . I mangle for Mr. Martineau's family - I do not know the prisoner; I did not send her on the 10th of November, or at any time for the linen - I never received it; I went for it at two o'clock myself, and it was gone.
Prisoner's Defence. I met a woman at the corner of Goswell-street, who gave me the things to pawn - I had only been a fortnight out of place, and had got another situation in Portland-place.
GUILTY . Aged 29. - Transported for Seven Years .
SAMUEL SMITH . On the 30th of November, I saw the prisoner in company with two more, go into Mr. Pilcher's shop, on Back-hill, Clerkenwell ; they came out in a minute, brought a feather bed out with them, and went away altogether - I immediately went to inform Mr. Pilcher he was robbed; I came out with him, and met the prisoner, who was then carrying it.
Prisoner's Defence. I came out to get some breakfast for my child, and met two woman, who asked me to go and have something to drink; I bade them good by, and saw nothing of them till they came and put the bed into my hand - I ran away; I was intoxicated, which I am sorry for.
GUILTY . Aged 27. - Confined Six Months .
Before Mr. Justice Littledale.
The prosecutrix did not appear NOT GUILTY .
Before Mr. Justice Littledale.
176. JAMES SISK was indicted for that he, unlawfully, maliciously, and feloniously, by drawing the trigger of a certain pistol, loaded with gunpowder and a leaden bullet, did attempt to discharge the same at John Kingsbury , with intent to kill and murder him ; against the Statute.
EIGHT OTHER COUNTS, varying the manner of laying the charge.
MR. ALLEY conducted the prosecution.
PATRICK SHERIDAN . I am a chemist, and live in Horseferry-road. On Tuesday, the 7th of December, I was in the neighbourhood of the House of Lords; I left Scotland-yard between one and two o'clock, and staid there about two hours - the prisoner came and stood by the pillar where they usually dismount to go into the House of Lords; when he had stood there about half an hour, he came over to where I and another man were standing, and asked us if the Duke of Wellington had gone in yet, and said, he wanted to speak to him; I said, "This is a very unlikely place for you to speak to the Duke of Wellington" - he said "I would make him speak to me, if I was to see him;" he then said, he was sent by the Almighty to take away the heads of the land - I told him, the Duke was gone into the house; he then asked, did I think what time he would be out - I said, I could not tell; a few minutes after that the Duke's horse and servant came down - I told him, that was the Duke's horse and man, if he wanted to see him to speak to him; the servant rode up and down for some time, till he was called - he then drew over near to us, where the gentlemen come down from the House of Lords; a cloak was handed to the servant, and he went away - the prisoner came over to me again, and told me he would wait till next day, and if he did not meet the Duke of Wellington, he would meet some others of the heads of the house - I then accompanied him as far as the Strand, and in parting, he said he should be there next day at eleven o'clock, and I should see him execute his order - I went into the Secretary of State's office, and gave information of such a person coming; I kept walking up and down next morning to look for him, but did not see him.
FREDERICK CHARLES STOLL . I am keeper of the House of Lords . I was there on the 8th of December, and saw the prisoner a little after ten o'clock walking up and down the colonade, which is the principal door at which the Peers enter; he kept walking up and down for about half an hour, and was then joined by another person who instantly after left him, and he took his station under the colonade, by the door leading to the King's entrance -I was within the door of the Peer's entrance about the time he took his station, and when Mr. Gilbert arrived and came on duty, I told him what I had observed, and pointed the prisoner out; Mr. Gilbert went out and spoke to him, but what passed between them I cannot say - I saw Mr. Gilbert take him by the collar; the prisoner instantly took a pistol out of his pocket; Mr. Gilbert retreated a little, appeared rather alarmed, and ran down the colonade, saying the man had got a pistol - I instantly rushed through the doors and followed the prisoner, when he had got about half way down the colonade.
Q. Was he going after Gilbert? A. At the time, when he got half-way down the colonade, he made a sudden stop, turned round, and went into the road; I followed him - Kingsbury came towards him for the purpose of endeavouring to secure him, and when Kingsbury was within about a yard of him, he (the prisoner) levelled the pistol at him, in a direct line, as far as I could judge, to his head; Kingsbury had not touched him at that time - the prisoner then snapped the pistol, and a spark arose from the concussion of the flint against the pan; he was then taken into custody by myself and two more - it was a screw barrelled pistol; I saw it unscrewed, and there was a ball in it - we succeeded in throwing him on the ground, and while on the ground a knife was taken out of his left-hand great coat pocket; he was then taken into the coffee-room at the House of Lords, and given into the custody of the Black Rod, Sir Thomas Tyrrwhitt ; Kingsbury took the pistol from
Cross-examined by MR. PHILLIPS. Q. You saw the pistol unscrewed? A. Yes, afterwards, and there was a ball in it - I saw it at the examination, but did not have it in my hand; I cannot take on myself to say there was powder in it.
RICHARD GILBERT . I am deputy-marshal of the King's household. On the 8th of December I was going to the House of Lords, on duty, and saw the prisoner there - I had seen him at the house on the Tuesday night, for a few minutes; when I came in the morning, Stoll informed me he had been there - he came again about a quarter to twelve o'clock, when I was at the house; I went out, seeing him through the glass - I asked what he wanted there, and who he was waiting for; he said he was waiting for a friend of his - I asked if his friend was the groom he had been seen talking to in the morning - (I had not myself seen that) he said it was not; I asked who it was he was waiting for- he said it was a person of more consequence, or words to that effect; I told him I did not like his appearance, and should take him into custody - he asked me by what authority I took him into custody - I collared him with my left-hand, for the purpose of taking him into the house, and after I collared him he took out the pistol, and levelled it at me; I was dressed in plain clothes, for I had not time to put on my uniform - when he asked by what authority I collared him I told him I was a King's officer, and he told me to show my authority; I made no reply, but collared him - he had his hands in his great coat pocket at that time, and he took the pistol from the right-hand pocket; he levelled it at me - I cannot say exactly at what part; I heard the pistol snap - I turned my head, and loosed him of course; I saw either the sparks or flash of the pistol, I cannot say which, because my back was towards him - I was dragging him into the house: on my loosing him he walked leisurely into the middle of the street, opposite to where the Peers are sat down - I called to Kingsbury and the witness to take him; when Kingsbury came up to my assistance, he ran up to the prisoner, and was going to assist me to take him; as soon as Kingsbury saw the pistol he drew back for a moment - the prisoner still had the pistol in his hand; Kingsbury and the witness closed in upon him, and got him down - he had presented the pistol at Kingsbury, and pulled the trigger; I saw the sparks - he must have cocked it again; when I saw the sparks Kingsbury closed in upon him, and Bryant got him behind - they got him down on the ground, and while we had him down Kingsbury wrenched the pistol from his hand.
Cross-examined. Q. You cannot remember the transaction very well, I should think? A. Yes, I can; I did not run away - I only ran about ten yards from these two men.
Q. Storr says the prisoner ran after you? A. No such thing, for he did not go ten yards; I saw the pistol examined at Clerkenwell, but not before - there was a ball and flint in it; I will not say whether there was any thing else in it - Ruthven, the Bow-street officer, examined it; I was by his side, and merely looked at the ball, to see if it fitted the ball which he had in his pocket; he did not turn it up to see if there was any powder in it - he screwed it up again; I did not see him examine for powder.
COURT. Q. You mean you do not know whether he examined to see for powder? A. No; I saw him take the ball out, and try another which he had in his pocket - I saw the pistol snapped, and saw sparks; I did not observe any smoke - I must be about half a yard from it when he snapped it at me; I was at arms length - I saw no smoke at either time.
JOHN KINGSBURY . I am porter at the House of Lords . On Wednesday, the 8th of December, about twelve o'clcok, I saw the prisoner there - I did not see him do any thing with the pistol; I heard Mr. Gilbert call out to stop him: I saw the prisoner, and attempted to stop him - I got within a quarter of a yard of him, and he snapped the pistol against my cheek; there were sparks from the flint - the pistol did not go off; I received no hurt - I afterwards saw him searched, and a knife found in his pocket; the pistol was taken from his hand - I did not examine it myself then.
COURT. Q. How near was the pistol to your cheek? A. About an inch; I had run up to stop him, but did not touch him before he snapped the pistol, nor did I say any thing to him - he was walking very fast towards me, but I walked faster than him, and to him.
Cross-examined. Q. You say the pistol was close to your cheek? A. It snapped against my cheek; it was within a few inches of me - I saw no smoke.
Q. If any smoke had flashed up out of it, must you not have seen it? A. I must; I examined the pistol at Clerkenwell, and found a ball in it, but did not see any powder in it at all - I only examined the ball; I saw Mr. Gilbert pull the ball out.
COURT. Q. If there had been powder must you not have discovered it? A. Yes; there was none - the barrel unscrews close to where the powder would be.
MR. ALLEY. Q. The ball rests on a concave surface? A. Yes; the apperture through which the powder is admitted is very small - there might be powder in it without my seeing it; I only looked to see if there was a ball.
COURT. Q. How came you to say, if there had been powder you must have discovered it? A. I did not examine - I only saw the ball taken out; the chamber for the powder under the cup was examined at Clerkenwell: I saw no powder - if there had been any I think I must have seen it; I cannot say whether there was any or not.
THE REV. JOHN WELLINGS . On Wednesday last, about twelve o'clock, I was at the drawing-room window, of No. 1, Palace-yard. I saw the prisoner and another person standing near the steps, at the entrance to the House of Lords - I saw one of the two (not the prisoner) step back, and immediately the prisoner presented at him a pistol, which flashed in the pan; he presented it at the other person, who was then apparently receding from him.
Q. By flashing in the pan do you mean that there was more than sparks, or the appearance of powder? A. There was a slight discharge of powder; I then saw two men approach the prisoner rapidly, and saw nothing further, for I ran immediately down stairs, and crossed the road to their assistance - I found the same two men there; it was one of those had snapped the pistol; I assisted to take the prisoner into the House of Lords - he talked very incoherently,
Cross-examined. Q. You was there, I suppose, from beginning to end. till the pistol was taken away? A. Yes, except while I crossed the road - I cannot say there was powder in the pistol; it was pointed at Mr. Gilbert when I saw it flash - I saw nobody at that moment, except Gilbert and the prisoner.
GEORGE THOMAS RUTHVEN . I am a principal officer of Bow-street. The prisoner was given into my charge on Wednesday last, but not the pistol; I found that in Mr. Gilbert's possession, and believe he has it now.
MR. GILBERT. I have produced the pistol here to-day in the same state as I took it from the prisoner, except that Ruthven unscrewed it at Clerkenwell; I took it from Kingsbury, when he had hold of the prisoner - he had just taken it out of his hand when he was down; I saw Ruthven unscrew it, to see if a key would fit - it was returned to me, and I have had it ever since; we did not search all the prisoner's pockets at the time; Ruthven found the key in his pocket with some ball.
COURT. Q. Could any portion of the powder have escaped? A. It appears, by the paper it has been wrapped in, that some has escaped - here is some in the paper now; here is the knife (producing a sort of carving knife).
Q. Might not some portion of the powder have escaped from the pan as well? A. Certainly, some portion has escaped from the pan - after the pan was opened it would fall out of the barrel into the pan, through the touch-hole; immediately on the prisoner's being put into my custody I put him into a coach, and took him to the House of Correction - I searched him, and in his right-hand waistcoat pocket I found this pistol key, two bullets, some powder in a paper, and a Prophetic Almanack - the claspknife and almanack were in his right-hand breeches pocket - the key fits the pistol; I opened it with it.
MR. GILBERT. The large knife produced I took from his left-hand coat pocket naked, not in a case.
JURY. Q. Was the pistol examined previous to your giving it to Ruthven? A. No, I did not open it; I had no key.
The prisoner (who had frequently interrupted the witness, and conducted himself in a wild and incoherent manner) being called on for his defence, stated, as near as could be understood, as follows: - "I have nothing to say - I did what I was commissioned to do by God Ahnighty, and if I had done what I was commissioned to do, every man would have trembled at my presence; it is ten years since God gave me the commission - I went to Baltimore to get a commission, but by the providence of God I did not succeed; I left there, and while I was in the ship the idea came into my head that punishment would meet the inhabitants of the whole earth - I found the hand of God upon me in the vessel; I asked the captain to direct the ship to go back - he asked what I meant, and would not; God Almighty, by a miracle, all at once changed the wind, and it was obliged to return, I went to the city, and gave myself out to be a prophet to warn them all of the approaching destruction; I came home to this country - it wore off, but it would not let me be quite; I came to London a few months ago, determined to preach to the people, and tell them of the judgment of God - I saw death staring me in the face, and I pledged myself to Almighty God that I would then go and preach to the people if he would spare me, and I would put my order into execution; if I had gone to the head Magistrate of the City, and put an end to his life every man would have trembled at my presence: it is shocking to think that the fifteen thousand souls who fell at Waterloo, who that Glorious Being came down and spilt his precions blood for, should be all demned if I had not seen a spot in the sun which has never been seen since the creation of the world, and it is a sure sign that the son of God is coming."
GEORGE THOMAS RUTHVEN re-examined. I conceive a pistol of this sort may be loaded at the touch-hole - there is some portion of powder in the paper, and in the pistol; I do not think what now remains would be sufficient to discharge the ball with any effect - I examined it on the Saturday following; it might have been loaded at the time, and the powder have escaped in the intermediate time; Mr. Gilbert held it quite upright in his hand - I put the key in, unscrewed it, and found the ball.
MR. GILBERT. The pistol was not put into paper till the Saturday, when I put it in to take it to Ruthven - Sir Richard Birnie wrapped paper round the touch-hole; the powder might have escaped before the Saturday - a numof persons had handled it.
MR. PHILLIPS. Q. What is the reason you did not examine to see if there was powder in it? A. I did not know I was authorized to examine it - I was desired to let it remain as it was.
MR. GILBERT McMURDO . I am surgeon of Newgate, and since the prisoner has been there I have observed his demeanour, and attentively examined him to ascertain his state of mind, and, as far as I can judge, I think him insane - he repeated his story to me verbatim as he has today; I put various questions to him, and could not come to the conclusion that it was put on.
MR. WILLIAM JOHN BOX . I am assistant to Mr. M'Murdo; I have seen the prisoner, while confined in Newgate, daily, and conversed with him - his conversation has been almost the same as his defence to-day; I think him certainly insane - I should certainly say it was not affected, but real.
ANN MARIA SISK . I am the prisoner's cousin, and have known him from a child - he has been a seafaring man; I have lost sight of him a great many years - the last time I saw him was about the 26th of October - he called at my house, and spoke to me about visions; he said he had recently come from Amercia - that he had been sent with a mission to preach repentance; he told me he had been put in prison some years since in Baltimore, for attemting to preach with a sword in his hand, and I believe threatening to destroy the authorities there - he told me that in his passage home this time the Lord had wrought a miracle, and changed the wind when he wished the captain to put back - he spoke of visions which he had seen, but I cannot recollect the particulars; he said he was afraid to stay in Ireland for fear of his life - I asked why, he said the country people would attack him on account of his once having had property in tithes - he asked for a Bible, and wished to preach to me, and said something
CORNELIUS DONOVAN . I am a wine-merchant, and live in Howard-street, Norfolk-street, Strand - I was born at Cork; I have not seen the prisoner for eight years till to-day. About eight years ago, I was surprised at his suddenly telling me that he had seen visions, and I think he said he had seen two visions, one was while he was on ship-board, in America, but I cannot recollect the particulars; as well as I can recollect the purport of it was that the world was coming to an end - he was generally thought to be of unsound mind after he came from sea - he kept talking of visions, and fancying a conspiracy on his family, to rob him of his property - this was about eight years ago; his guardian's character was such as not to admit a belief that what the prisoner said was true- I believe him to be decidedly insane - he was certainly insane on the point of seeing visions, and being the victim of a conspiracy.
MR. MCMURDO. We consider delusions a very common test of insanity; and that of a man's family conspiring against him is one of the most common, and what we are apt to regard as a test of an unsound state of mind.
NOT GUILTY, being insane at the time of the commission of the offence .
Before Mr. Baron Vaughan.
177. EDWARD COLLINS was indicted for that he, on the 9th of December , with a certain pistol, loaded with gunpowder and a leaden bullet, feloniously and maliciously did shoot at Thomas Lomath , with intent to kill and murder him .
THREE OTHER COUNTS, stating his intention to be to maim, disable, or do him some grievous bodily harm.
MR. ALLEY conducted the prosecution.
Prisoner. I acknowledge having fired at him; it was in defence of the holy name I called out, which was "Rise green Loretto - her green flags," the mother of our blessed Saviour, the holy church of Rome; I called to her green flags to rise up, and so they will rise, and all the subjects of hell be crushed; it was in defence of her holy name that I fired - thank God, her green flags will rise up; she is the mother of our holy Saviour, and she is the holy church of Rome; she is the virgin rose, thanks be to her sweet holy name - she is our goddess in Rome; I would fire at his master in defence of that holy name.
THOMAS LOMATH. I am a Policeman . On Thursday last, about eleven o'clock in the morning, I was in Broadway, Westminster, and saw the prisoner about the middle of the road, making towards King's Head-court , with a pistol in each hand, flourishing them over his head, and using some language that I did not understand; he then went towards the court - I followed him; he went to the front door on the left-hand side of the court, and tried to open it, but could not - he immediately turned round, came off the step of the door, and saw me very near him; I had not touched him, or said a word to him - he then looked me very hard in the face; I stared him hard in the face - at that time he had his hands down by his side, with the pistols in them; he cocked the large pistol, which was in his right hand - he did not make any effort to shoot at that moment, and I thought by that the pistol was not loaded; I then made a reach towards him- he then presented the pistol towards my breast, and it went off; I had gone towards him after it was presented- that turned the pistol on one side, and the shot did no mischief; he fired the pistol - I was within about four yards of him; he then turned himself round from me, and went across the court; I do not recollect his saying anything on firing - I went close after him, seized him by his neck, pushed him close against the wall, and pinued him to the wall; he put his hand over my neck, and knocked my hat off, and then, I suppose, he was trying to change the pistols, but I could not see behind me - he appeared to wish to change the large pistol from his right-hand, and get the other from his left; I then let go of his neck, and caught hold of both his arms - he then made another effort to change the pistols; no one came to my assistance - at last several persons came up, and both pistols were taken from him; I did not see the other examined.
Cross-examined by MR. CRESWELL. Q. You first saw him flourishing the pistols in the air, and using incoherent expressions? A. Yes.
COURT. Q. Had you seen or known him before? A. Not to my knowledge; I never had any conversation with him, or affronted him in any way.
GEORGE LEWIS . I am a potato-salesman. I saw the prisoner flourishing two pistols in the air, and exclaiming something; I saw Lomath with him - I ran, and took the pistols, from him; one was loaded with powder and three slugs - he was flourishing the large one in his right hand, and the other in his left.
Cross-examined. Q. He was using incoherent language? A. Yes, something about green flags.
COURT. Q. Did you know him before? A. Yes, he has dealt at my shop for eight or nine months; I saw him very frequently, and conversed with him - be seemed to me as if he knew how to behave himself; he always conversed with the greatest propriety; be ordered what he wanted, and had it home regularly - I never noticed any thing incoherent in him till that morning, then there was a change in him - I thought it strange to see him flourishing pistols; I never saw him with a pistol before - I did not consider them loaded till I saw the large one discharged.
Prisoner. You have sworn wrong; it was not in my shirt tail, it was tied about my side, with about 3l. worth of holy prints of the holy church of Rome, the mother of our Lord. - Witness. There was a 1d 1/2. in his breeches pocket - I saw no prints or papers; a small bag was given to me, containing a crucifix - I never saw him before.
FREDERICK GROSSMITH . I am inspector of the Westminster division of the Police. I searched the prisoner's apartment, and found in a box a blunderbuss not loaded, a canister of powder for 1lb., a quantity of bullets and swan shot, a few gun flints, and some pistol flints - I also found a bundle of papers, not prints: there was nobody in the room - he has a daughter sixteen years old, but no wife.
JOHN BATHO. The prisoner lodged in my house, No. 7, Broadway, Westminster; the apartment searched belonged to him, he has one daughter - he had been in a very unsettled state of mind before this; I have known him about three months - I live in the house myself; about six weeks ago, he came down on a Monday morning when he usually pays his rent, he fell down on his knees three times in my shop, and talked incoherently, as he has done to day; I observed the same conduct two or three times since - he has not appeared to me at all in his right mind for the last six weeks; one night, about six weeks ago, I heard a quarrel up stairs between his daughter and himself, and repeated cries of murder from her - I went up and endeavoured to pacify him; she had offended him, but in what way I cannot say; she told me he had been beating her, and put my hand to her head to feel a blow he had inflicted - I had seen no provocation on her part towards him; this ill treatment occurred about twice, to my knowledge - but the day after this happened she left home and did not return; I consider his mind overpowered by Religion.
Prisoner's Defence. What I have to say is, I cried out"Rose green Loretto, her green flags rise up:" that is,"Blessed mother Loretto, mother of our church, and goddess above rise up" - I said nothing else till the man arrested me, and I fired at him in defence of her name; she is our goddess, and every body that does not believe in her cannot be saved - the law of God must not be broken, and if they do not believe in her, that will become their condemnation; it is useless for them to be ignorant and live in darkness - she is the light from Heaven that is bestowed that the world should not be so dark; all nations will worship her, it is the will of God, and the will of God must be done, and will be done - I fired in defence of that holy name; I would have fired at him, or any body, in defence of that holy name - I molested nobody; no heretic that does not believe on her, will ever see the light of Heaven - I leave it all to Almighty God; God knows the best.
The prisoner had interrupted the witnesses several times during the trial with the same sort of language, and whenever insanity was alluded to he always declared that he was "always in his senses."
MR. MCMURDO. I am surgeon of Newgate. I have examined the prisoner three or four times; I have seen him daily while he has been in the prison- I have no doubt at all of his being in a state of extreme insanity.
COURT. Q. This incoherent manner does not appear put on, but a real disordered state of intellect? A. It does- I always found him in the same state.
DR. MILLER. I accompanied Mr. McMurdo to see the prisoner last Saturday - I did not anticipate being called as a witness, but from what I saw of him that day, I conclude he is of unsound mind, and that is my opinion now; I have not the least doubt of his being insane.
THOMAS LOMATH. I heard the report of the pistol; it made a very loud report.
Prisoner. It was in the execution of my duty as a Christian to destroy that man, and the honour of my church, because he is rotten and blind - that holy name, there is no other God but her.
NOT GUILTY, being Insane .
Before Mr. Justice Littledale.
THOMAS HOUSE. I am a cheesemonger , and live in Shoreditch . On Monday, the 29th of November, at three o'clock, I saw the prisoner near my shop, with a basket in her hand- I asked her what she had taken from my stall, as I had received information; I took her by the arm - she said,"For God's sake take it, and say nothing at all about it;" I took the basket from her, and found a piece of pork and a piece of cheese; the officer came and took her - I know the cheese to be mine, by the cut and quality; I had it on a board outside the window - I had seen it about five minutes before; I believe the pork to be mine, but cannot swear to it - I lost a piece like it, which was safe about ten minutes before.
JAMES HENLEY . On the 29th of November, I was in Shoreditch - the prosecutor gave the prisoner into my charge; this pork and cheese were in the basket - as I took her to the office she said, "Mind, when you took me I was drunk;" I made her no reply - she feigned to be in liquor.
(Cheese produced and sworn to.)
Prisoner's Defence. I know I paid for the cheese - I have four children, and hope you will be merciful: I am a poor widow .
GUILTY, of stealing the cheese only. Aged 52.
Recommended to Mercy . - Confined One Month .
Before Mr. Justice Littledale.
THOMAS COMBS. I am shopman to Peter Pige , a pawnbroker , of Church-street, Bethnal-green . On the 5th of November, about four o'clock in the afternoon, I was at the shop door, and saw the prisoner standing opposite a pair of trousers which hung outside the window, and looking at them; he walked a little way down the street when he saw me looking at him, and shortly after I saw him again in the same place - I turned away, looked
Prisoner. I wish to ask him where they hung. Witness. On an iron rail over the shop window - my head was turned when they were taken; I saw a young woman pass while he stood there, and he spoke to her -I lost sight of him twice; some boys told me which way you were gone - I went, and saw you walking as if nothing had happened; when I took you over two boys said you were not the man.
COURT. Q. Did you see the trousers go out of his hand? A. I did - I am confident he is the man; he had a stick in his hand, and wore a jacket - I am confident of his features; I did not take him a quarter of a mile off - he could walk there in three minutes.
(Property produced and sworn to.)
Prisoner. He says he apprehended me near four o'clock - I came out of the Jolly Weavers, in Weaver-street, at five minutes to five. Witness. It might be a quarter past four o'clock, when I first saw him: I took him about half-past - (looking at his deposition) it says five o'clock here, but I do not think they have taken me down right; I said the same as I say now.
Prisoner's Defence. I was coming out of Wheeler-street - it wanted five minutes to five o'clock when I went to have a glass of beer; when I came out he took hold of me, and said I stole a pair of trousers - I was not within a quarter of a mile of the pawnborker's.
GUILTY . Aged 28. - Confined Six Months .
Before Mr. Baron Vaughan.
ROBERT DRIVER . I live opposite to the prosecutor's. On the 8th of December I saw the prisoner reach over into the shop, take a portmanteau, and run across the road with it - I went, and informed the prosecutor.
Prisoner. Q. Can you positively swear I am the person? A. Yes.
NATHANIEL BRITTAN . I was coming up Knights-bridge, and met the prosecutor holding the prisoner - he gave him in charge for stealing a portmanteau, which he had left in the shop; I searched, but found nothing on him - he met a man on the road, who laughed at him: he said that man might be in the same situation as himself, and if he did steal it, nobody knew his circumstances better than himself.
(Property produced and sworn to.)
GUILTY . Aged 24. - Confined Six Months .
Before Mr. Justice Littledale.
JOSEPH BARTON . I am a bricklayer , and live in Clerkenwell-close. On Sunday morning, the 5th of December, I was going home at very near five o'clock, and met the prisoner in Lincoln's Inn-fields - I was intoxicated- I went into the Coach and Horses, Holborn , with him; it is near Red Lion-street - we had a pint of half ale and half porter; I had a sovereign, two half-crowns. and a shilling in my left-hand waistcoat pocket - I took it all out of my pocket, paid for the beer with a shilling, and received 6d. in change, which I put with the other money -I fell asleep, and awoke about half-past five o'clock; I felt my pocket, and the money was all gone - a Policeman had him in custody at that time, and I saw my money in the Policeman's hands; I did not know the prisoner before - he was sitting by my side when I fell asleep.
Cross-examined by MR. CHURCHILL. Q. And there he was when you awoke? A. Yes; he was on my left-hand side - he had not gone away; I believe he was sober - I had my recollection about me; I could walk.
Q. Were you drunk enough for any body to see you were not sober? A. Yes: he offered to assist me, and did so to the Coach and Horses - I had no rum there; I believe the half-and - half came to 3d. - I do not know what a quartern of rum comes to; I believe I was laying down in Lincoln's Inn-fields, and the prisoner lifted me up - he could have robbed me there; my money was found in his left hand - he said he was going to deposit it with the landlord to take care of for me.
DAVID GRIFFITHS . I am a saddler, and live in Oxford-street. I was at the Coach and Horses on the 5th of December - I went in at twenty minutes past five o'clock, and in a few minutes Barton and the prisoner came in; I saw them drinking together - Barton was very much intoxicated; he fell asleep about ten minutes after, calling for a pint of half-and - half, and I saw the prisoner put his left hand into Barton's left-hand waistcoat pocket - he took out some money; I could not see what - I went out for an officer, and brought Fisher in with me; I told him the prosecutor had just been robbed - he asked where the man was who had robbed him; I pointed to the prisoner, and said I believed he had the money then in his left hand - the Policeman found in his left hand a sovereign, two half-crowns, and a sixpence; this was as near half-past five o'clock as possible.
Cross-examined. Q. How long were you absent looking for the Policeman? A. About a minute; the pri
JAMES FISHER . I am a Policeman. I went with Griffiths into the Coach and Horses, at half-past five o'clock in the morning, and in the prisoner's left hand I found a sovereign, two half-crowns, and a sixpence; I found a sixpence and 3 1/2d. on him besides - when I took the money from his hand he said nothing about giving it up to me.
Cross-examined. Q. Did you not hear him say he intended to give it to the landlord to take care of? A. I did not - if it was said it must be before I came in; he made no resistance - I took him to the watch-house.
Prisoner's Defence. The prosecutor says I was on his left hand - I was on his right.
NOT GUILTY .
Second London Jury, before Mr. Recorder.
HENRY SWEET. I am apprentice d to Mr. Webster, a baker, of Coleman-street. On the 9th of December, about half-past six o'clock in the evening. I was opposite St. Bride's church, Fleet-street ; I did not perceive any thing done, but a young man informed me my handkerchief was gone - I felt in my pocket, and missed it; it was silk, and worth 3s. or 4s. - I had had it in my hand not five minutes before; I saw it again in about three minutes, and knew it to be mine - the young man who gave the information laid hold of the prisoner with me.
Prisoner. Q. What pocket was your handkerchief in? A. The left-hand.
THOMAS TOOLE . I am a journeyman shoemaker, and live at No. 22, Goswell-street. On the 9th of December I was in Fleet-street, and saw the prisoner with a companion, trying two or three person's pockets who stood at a picture-shop window - Sweet was looking at that window; it is exactly opposite St. Bride's church - I saw the prisoner put his hand into Sweet's pocket, take the handkerchief out, and put it into the flap of his trousers; he and his companion both walked away together - (I should know his companion, he was taken and discharged); I immediately told Sweet to feel in his pocket, and he missed his handkerchief; he and I followed the prisoner - I collared him four or five doors from the print-shop, and charged him with it; he denied it, and said he had no handkerchief- I put my hand into the flap of his breeches, and took it from there; Sweet claimed it - I am positive it was the handkerchief I had seen him take from Sweet: I took him and his companion to the watch-house-they were both together; I gave the handkerchief to the officer.
Prisoner. Q. You say you saw me pick the man's pocket - of course you must know which pocket I took it out of? A. I think it was from the left-hand pocket, but cannot be certain; he was close to the pockets - I did not say at the watch-house that I saw the other take it and give it to you.
Q. How was it you did not take me instantly? A. I wanted to tell Sweet first; you walked away while I was telling him - I took you within two or three doors of Fleet-market, four or five doors or more from the picture-shop.
(Property produced and sworn to.)
Prisoner's Defence. On the Saturday before this took place, I had only come from the country, where I had been working at the cotton business a number of years; on the night I was taken I was merely stopping at the window, like another man, and on moving I felt something under my feet; I stooped to see what it was, and it was this handkerchief - I picked it up, and put it into my pocket, but as to stealing it I did not, and had not such a thought in my head.
GUILTY . Aged 26. - Transported for Life .
WILLIAM DILNOT WILDISH. I live in Waterloo-place, Pall-mall, and am steward to the Union Literary Club . -On the 9th of November I had been out about three hours, and had my handkerchief safe when I left home - it was silk, and worth 3s,; I used it frequently, and can say it was safe half an hour before it was missed, which was about one o'clock, when I was near St. Bride's church, in Fleet-street ; there was a crowd passing - a great many persons were walking together, on the footpath: I felt my handkerchief taken, and turned round - I saw the prisoner and another person with him; I concluded it must be one of them - I laid hold of the prisoner, in cousequence of seeing the end of the handkerchief hanging out of his pocket; I asked him what he wanted with my handkerchief - he said he knew nothing of it: his companion walked on - I took my handkerchief from his pocket; there was an officer on the spot, and I gave it to him - the prisoner said at the watch-house that he hoped I should not appear against him, for if I did he should be sent out of the country.
GEORGE FREDERICK POOLE . I am inspector of St. Bride's watch. I was close to the prisoner when the prosecutor put his hand into his pocket, and took the handkerchief out - I saw nobody in his company: I took him into custody, and Wildish claimed the handkerchief.
JURY. Q. Did you see the prisoner take the handkerchief from the prosecutor? A. No. I saw the prosecutor take it out of the prisoner's pocket.
(Property produced and sworn to.)
Prisoner's Defence. I know nothing about the handkerchief; I do not know how it came there.
GUILTY . Aged 18. - Transported for Life .
NEW COURT. TUESDAY, DECEMBER 14.
Third, Middlesex Jury - before Mr. Common Sergeant.John Bowles .
MARTHA BOWLES . I am the wife of John Bowles - we keep a clothes-shop . About half-past four o'clock, on the 30th of November, I locked the shop door, went down into the kitchen, and in five minutes I heard the shop door bell ring; I went up in a few minutes, and saw the prisoner coming out of the shop door, which was then open - I asked if she had been into the shop; she said No - I said I was sure I had locked the shop door, and she must have broken it open; she said she wanted some linen rags, and they must be very clean, as they were for a particular purpose - I said I had none, and while I was speaking to her, I saw the gown under her feet; she was going, but I said I would not let her go yet, and pushed her back into the shop; I saw the gown under her feet - it had been on a shelf in the window when I went down stairs; I had to unlock the shop door before I could lock it again, but how she opened it I cannot say - some force must have been used.
Prisoner. You know very well, I only just touched the door, and the bell rang, Witness. Yes, the bell rang with the door being opened; she was going from the passage - she had one foot in the street, and one on the threshold; I made her stop - I took her back; I said I had met with a very heavy loss at my door, and for her impudence I would follow her as far as the law would allow; I said I had lost some silver spoons - she swore a great many oaths; I said I would make her pay for all -I called a man out of the kitchen, who went for a Policeman; she did not attempt to go away - I was on one side of the counter, and she on the other; I cannot say who was nearest the window; she was not three yards from the gown when I took it up - the whole place is not three yards.
COURT. Q. Are you sure you saw the gown upon her arm before you brought her into the shop? A. I saw a piece of it under her arm.
Prisoner. Q. If you saw it why did you say you would have me searched? A. I did not say so at the shop - I said at the watch-house, "I dare say she may have the duplicate of the other things I have lost."
Prisoner. You never saw the gown till you brought the officer. Witness. Yes, I did, under your feet, and there in the mark of your feet on it now.
(Property produced and sworn to.)
Prisoner's Defence. I certainly went into the shop to ask for white linen rags; I turned the handle of the door, and the bell rang - I waited a moment, and Mrs. Bowles came up and asked what I wanted; she said she had none- I was turning out at the door, when she said, "Come back, woman - I was robbed a fortnight ago, and perhaps you are the same party;" I staid very quietly while the man was gone for the officer, and she went round into the parlour - she stooped, and picked up the gown the length of the counter from me; she said, "Here is a gown which was in the window, and which you must have had."
GUILTY . Aged 55. - Confined Two Years .
WILLIAM JACKS. I live in Mary-street, Stepney. On the 14th of November I was returning home through Old-street-road - the prisoner accosted me, and endeavoured in prevail on me to go down a dark turning in the street; I objected - she then commenced taking liberties with me, which I did not think proper to encourage; she threw her arms round my waist - I told her to desist, as I wanted to go home; she let go and walked away from me for two or three minutes; I then put my hand into my waistcoat pocket, which, two or three minutes before had contained four half-crowns and some halfpence, and it was gone - I turned back and ran after her; I came up with her in company with another woman, about a hundred yards from where I had seen her before; I took hold of them both, and gave them both into custody - I had been drinking, but was quite sensible of what was passing; I had been to my club, in John-street, and then to the Lord Nelson, and about twenty minutes before I left the Lord Nelson I saw the four half-crowns safe in my waistcoat pocket, with some half-pence; I told the officer I had been robbed of four or five half-crowns - I saw four half-crowns produced from the prisoner's person.
JAMES THOMSON . I took the prisoner - I found on her four half-crowns, some halfpence, and one farthing; the prosecutor seemed a little fresh, but perfectly sensible - before I searched the prisoner she said she had nothing at all but two or three halfpence; when I had searched her and found the half-crowns, she said."I did not think proper to tell you what I had;" she said the money was her own, and some gentleman, a friend of hers, had given it her - she said in Pitfield-street that she had seen the prosecutor, but did not take any thing from him.
JOHN COOK . I am landlord of the Lord Nelson. I changed a sovereign for the prosecutor, about six o'clock that evening - he owed me 3s. 3d., and he spent 8d.; I gave him six half-crowns, one shilling, and one penny-piece - he came again about five minutes past eight, but had nothing at that time; his master had given them a supper that night.
Prisoner's Defence. I went as far as Charing-cross, and met a gentlemen I have not seen for several years, and he gave me that trifle of silver - I returned and met a female; I was in conversation with her, and this gentleman came up very tipsy; he ran against us, and turned round to say some bad word - he then said, "You are the person who robbed me" - I said, "Go along;" he called the officer; they found the four half-crowns which the gentleman had given me - the prosecutor said he had lost five half-crowns, and at Worship-street he said it was only four half-crowns, when be found what I had in my pocket.
GUILTY . Aged 33. - Transported for Seven Years .
MARY HAWKINS . I am the wife of Patrick Hawkins. The two prisoner's lodged in the same house as us - on the 8th of November I put this hat into my box: Henry was sitting by at the time, but John never came into my room: I afterwards missed the bat - this is it, but this is not the box.
MARY HAWKINS. This is the hat - it is not mine, but was in my care; the prisoners had no right in my room, but that morning Henry came in and sat by the fire.