SECOND SESSION, HELD AT JUSTICE HALL, IN THE OLD BAILEY, ON THURSDAY, THE 6th DAY OF JANUARY, 1831, AND FOLLOWING DAYS.
Before the Right Honourable JOHN KEY , LORD MAYOR of the City of London; Sir William Alexander , Knt., Lord Chief Baron of His Majesty's Court of Exchequer; Sir Stephen Gaselee , Knt., one of the Justices of His Majesty's Court of Common Pleas; Sir Charles Flower , Bart.; John Ansley , Esq.; Samuel Birch , Esq.; John Thomas Thorp , Esq., and William Venables , Esq.; Aldermen of the said City; Newman Knowlys , Esq., Recorder of the said City; William Taylor Copeland , Esq., Alderman of the said City; Charles Ewan Law , Esq., Common Sergeant of the said City; and William St. Julien Arabin , Sergeant at Law; His Majesty's Justices of Oyer and Terminer of the City of London, and Justices of the Gaol Delivery of Newgate, holden for the said City and the County of Middlesex.
KEY, MAYOR. - SECOND SESSION.
First London Jury, before Mr. Recorder.
273. THOMAS ADAMS was indicted for stealing, on the 5th of January , at St. Michael, Bassishaw, 40 yards of woollen cloth, value 12l., the goods of Edward Williams and another, in their dwelling-house .
EDWARD WILLIAMS. I am in partnership with Mr. Charles Dalby - we are woollen warehousemen , and live at No. 65, Basinghall-street, in the parish of St. Michael, Bassishaw ; I live in the house; Mr. Dalby lives in Essex and in Harley-street; the rent is paid by the firm. I had seen this piece of cloth two or three days previous to its being taken - it was in the inner warehouse; a piece of this sort of cloth runs from thirty-five to forty yards: the prisoner was quite a stranger to us - I missed the cloth on the 5th of January, and saw it at the Mansion-house the same day, about twelve o'clock; the prisoner was in custody - I am positive the cloth is ours, and that it had not been sold; it is worth 12l. or 13l. - it cost 13l.
WILLIAM HILE . I am a constable of Bassishaw ward. On Wednesday morning, about a quarter-past nine o'clock, I was passing by the gate of the prosecutors' premises; (there is a yard leading to their premises) - I saw the prisoner and another coming along the yard- they were inside the yard, coming from the warehouse; the other had the cloth on his shoulder - I collared him, and the prisoner instantly rushed between us, and disengaged the man from my hold; they dragged me outside the gate - the cloth then dropped from the other man's shoulder between us, and prevented my getting hold of the other one, and he ran away; the prisoner being behind him, I tried to catch hold of him - he ran across the road; I called Stop thief! and a gentleman stopped him - I never lost sight of him; I took up the cloth, and took him to the Mansion-house - Mr. Williams attended there, and identified the same cloth; I informed the prosecutors' porter of it as soon as I had secured him - I have had the cloth ever since.
MR. WILLIAMS. This is our cloth - I know it by the manufacturer's mark on it, and our mark also; the warehouse is part of the dwelling-house - the warehouse door was open.
ISAAC MANDER . I am book-keeper in a broker's counting-house. I was coming into the City a little after nine o'clock, and saw two men come out of the prosecutors' gateway, one of whom had the bundle of cloth - the constable seized him; a scuffle ensued, and the man who had the cloth ran off - the prisoner went across the way, and ran round a waggon, endeavouring to escape; I met him, and secured him, without losing sight of him - I am certain of him.
Prisoner's Defence. I was going down Basinghall-street, and went up the gateway for a certain purpose; this officer took me, caught hold of my collar, and said,"I will take you into custody:" he shook me, and I went over the way - this gentleman stopped me; I did not know what for - I had done nothing wrong.
[Jan. 8.] GUILTY - DEATH . Aged 29.
Second London Jury, before Mr. Sergeant Arabin.
JOSEPH DREDGE . I am a shoemaker , and live at No. 25, St. Swithin's-lane, in the parish of St. Swithin, in the ward of Walbrook ; it is my dwelling-house. About seven o'clock in the evening of the 16th of December, I heard a noise of the glass of my window being broken - I opened the door, and saw the prisoner running away; he was not then above fifteen yards from my house - I had not seen him till I got out of the house: he did not run above thirty yards - there was a man coming along the lane, and I called to him to stop him, which he did; I saw the prisoner throw down these shoes from his hand, just as I got up to him - I am quite sure of that; they were my shoes: I am sure the window had been perfectly secure - there was a crack in it, but none of the glass was out, and it would require great force to push it out; these shoes had been opposite to the cracked square of glass; I am sure I heard the crash of the glass, and it was broken in.
Prisoner's Defence. The shoes were at the door when I went by; Norman did not stop me at all - he had a load on his head; these shoes were not fellows - the prosecutor changed one of them at his shop.
JOSEPH DREDGE. I never had them in my hand at all- Norman took them up; they are worth 9s.
[Jan. 7.] GUILTY - DEATH . Aged 28.
First Middlesex Jury, before Lord Chief Baron Alexander.
275. RICHARD ROBERTSHAW was indicted for feloniously breaking and entering the dwelling-house of Edward Pritchett , on the 22nd of December , at St. Martin in the Fields, and stealing therein 48 pairs of gloves, value 6l., the goods of the said Edward Pritchett .
EDWARD PRITCHETT . I live at No. 26, Strand, in the parish of St. Martin in the Fields . On the 22nd of December, about half-past five o'clock in the evening, Mr. Shackle brought the prisoner into my shop, and said, in his presence, that he had detected him in stealing goods out of my window; I immediately examined my window, which I had seen several times in the course of the day - these gloves were about the centre of the window, near the glass - I looked at the window, and discovered the gloves disturbed, they had fallen against the window; they were still in the window - they had fallen from where they had been, and laid slanting against the window, as if somebody had pulled them; the window was broken with a small pointed pebble, which was found on his person - the hole was sufficient to admit any person's hand; the glass had fallen inside - I had seen the gloves before this happened; they were not above 2 or 3 inches from the window before, but when this was discovered they were close against the window, and resting on it; there were about four dozen pairs of gloves in two packets - only the top packet was removed; that was about two dozen, and worth about 3l. - that is all that was removed; there is no area to keep a person from the window - my shop is part of my dwelling-house.
JOSEPH SHACKLE . On the 22nd of December, about half-past five o'clock in the evening. I saw the prisoner, with another, at the prosecutor's window, close together -I passed them, turned back, and saw them break the window; I saw the prisoner break the window, with the assistance of the other - I did not observe any thing in his hand; I turned away, and then the two parted - I crossed the road, and asked a gentleman to hold my umbrella, and to witness the transaction; I then crossed, and took the prisoner into custody - the other ran away; I took the prisoner into the shop, and informed the prosecutor, who sent for an officer - all he said was with using terrible oaths.
Prisoner. Q. Did you see me break the window with a stone? A. No, I did not know he had the stone; I saw him with his left hand, with the assistance of the other boy, break the window; they were ten minutes about it.
MICHAEL HAWKINS . I am a Policeman. On the 22nd of December I was coming up the Strand, about half-past five o'clock in the evening, and took the prisoner in charge in the shop - I found a pebble in his possession, with which I suppose he cut the glass; he had 2l. 10s. 6d., which he said he had received for a plumber and glazier.
Prisoner's Defence. I was walking down the Strand, and stopped at this shop to look at something which I thought would suit me; this gentleman collared me, and said I had broken the window - he took me into the shop; he said I broke it with a pebble stone, which is impossible.
JURY to JOSEPH SHACKLE. Q. Did you see the boy break the window? A. I saw both of them at the window, and both assisted in doing it; I was ten minutes observing the transaction - the shop is between two passages - the prisoner went one way for some time, and stood looking towards the street till he saw his way clear; the other went into the other passage, and they returned to the window which they had broken, and I saw both their hands touch the gloves.
One witness gave the prisoner a good character.
[Jan 6.] GUILTY - DEATH . Aged 16.
Recommended to Mercy by the Prosecutor, on account of his youth .
Third Middlesex Jury, before Mr. Justice Gaselee.
London, May 14, 1830.
Three months after date, pay to me or my order, the sum of 38., 17s., for value received. FREDK. SMITH.
To Messrs. Walton and Sons, 191, Bishopsgate-street without, City.
he, on the same day, feloniously did falsely make, forge, and counterfeit a certain receipt of the same, as follows:-"Accepted John Walton and Sons," with intent to defraud Edward West and Lucy Strange ; against the Statute.
2nd COUNT, for uttering and publishing as true, an acceptance of the said bill, (setting it forth as before) knowing it to be forged, with intent to defraud the said Edward West and Lucy Strange; against the Statute.
3rd COUNT, for disposing of and putting away the said false, forged, and counterfeited acceptance, knowing it to be forged, with the like intent.
MR. CLARKSON conducted the prosecution.
EDWARD WEST . I am in partnership with Lucy Strange - we are ivory merchant s, and live at No. 20, Charles-street, Hatton-garden . The prisoner is an ivory turner , and had been in the habit of dealing with us; our recent connexion has been within two years - he called two or three days before the 15th of May, and stated to me that he wanted some ivory; he looked out some to the amount of 10l. 17s., and said he should receive a bill from Messrs. Walton and Sons, in a few days, and when he received it he would come to me and clear the ivory - he went away, and on the 15th of May returned, and said he was come to clear the ivory - he presented this bill, (looking at it) and said he had got the bill; I gave him the difference in cash, deducting 2l. or 3l., which he owed me on a former transaction, and gave him 22l. 13s. in cash - he left the premises; I cannot say whether he took the ivory away then - I after -
Cross-examined by MR. PHILLIPS. Q. Have you any other Christian name? A. No, nor has Mrs. Strange - she is a widow; I was well acquainted with the prisoner's person - he presented the bill openly; I do not know a man named Anderson - I dealt with the prisoner from April till he was taken up; he was at my house every week - I had more than twenty transactions with him up to the time of his presenting this bill.
MR. CLARKSON. Q. Since you took this bill have you taken other bills from him? A. Yes, of the same acceptance - our house is in Middlesex.
WILLIAM WALTON . I am one of the firm of John Walton and Sons, toy merchant s, of Bishopsgate-street. (Looking at the bill.) The acceptance to this bill is not my handwriting, nor is it the hand-writing of any one of our firm; the present firm never had dealings with the prisoner - we had ceased dealing with him about three years; we never gave him our acceptance within three years; he has had the acceptance of our late firm, Walton and Son, before that - he knew the hand-writing of some of the firm.
COURT. Q. Then, before the last three years, the firm was Walton and Son? A. Yes, up to March, 1830; it then became Walton and Sons - none of our firm know any thing of this acceptance; the firm consists of John, Henry, and William Walton.
Cross-examined. Q. Had you been acquainted with a man named Anderson? A. No, nor had I ever heard of him - we carry on business at No. 191, Bishopsgate-street without; the present firm was established in March, 1830- this acceptance does not bear any resemblance to our hand-writing; the prisoner knew nothing of the existence of our present firm, to my knowledge.
WILLIAM KINGHAM . I am an officer of Bow-street. I apprehended the prisoner on Monday night, the 6th of December, in Duke's-court, Bow-street, at a coffee-shop; I took him on Mr. Carman's charge - I afterwards mentioned this charge to him; he was very much frightened, and said it would be his ruin.
Cross-examined. Q. I suppose you told him the charge affected his life? A. No, I told him it was a forgery - I knew that affected his life; I searched him.
MR. CLARKSON. Q. Did you find any duplicates on him? A. I did at his lodgings; I returned to the coffee-shop, and in a room there, which they showed me as his, I found thirty-six duplicates - I only knew it to be his room from what others told me.(The bill and acceptance were here put in and read.)
Prisoner's Defence (written.) My Lord and Gentlemen of the Jury, - Circumstanced as I am this day before you on a charge of serious and important character, I trust you will pardon the liberty I take by intruding upon your valuable time and patience, while I attempt, if possible, to explain away the unfavourable impression that may in the course of the evidence have obtruded itself upon your notice: and do trust that by showing and explaining my previous transactions in business that I shall be enabled to convince you that nothing could have been more opposite to my feelings and former pursuits in life, than to have imposed upon any person an instrument fraught with so much danger and serious consequences. From the year 1811 until 1818 I was engaged in the business of a most respectable ironmonger in Greenwich, and, I believe, to the satisfaction of all who then knew me. From 1818 until 1822, I was at Sheffield as factor, and where also every transaction was conducted in a tradesman-like way. From 1822 until 1824 I was engaged as a corn-factor and agriculturist in Lincolnshire, and can give ample proof that every circumstance was conducted with due zeal and attention, and at the same time advantageous manner as I could possibly wish. I shortly afterwards was induced to embark my capital in the cabinet and ivory-turning business, and continued therein until March, 1830, when I became acquainted with a person named Charles Anderson, and from this time, I am sorry to say, I have to date all my present calamities, and to him I may attribute this charge; and as the only party who ought to be responsible for the consequences. In the course of business, the person, Anderson, to whom I have alluded, became acquainted with me and represented himself as a capitalist and made several overtures to me as regarded my business: which, after I had explained, he remarked that it was his intention to freight a vessel and trade to France with various descriptions of merchandize. and he said that many articles in my line of business would do remarkable well as principal and leading commodities, and that he could, by barter, render me very essential service. The offer seemed to savour of probability: and I, trusting too much upon his representation, engaged immediately without making the necessary and precantious inquiry. I therefore unfortunately became his dupe, and supplied him with various articles of cabinet and ivory turnery, and goods to the amount of 150l., and in payment thereof he, (from voyages made to France in April, May, and June,) gave me in return French fans and other fancy articles of French manufacture, and also bills of exchange amounting to a considerable sum, out of which I paid him the balance, in cash and took the responsibility of the bills upon myself, never doubting his integrity. Some of these bills were paid and duly honoured - I gave the bill in question, and which forms this prosecution, to Messrs. West and Strange upon the same faith as the others had been put into circulation, and in payment for the same received of them for this bill, in cash 22l., in goods about 10l., and the balance was held by the prosecutors in payment of my account with them - the bill was paid in due course from the prosecutors to their bankers, and was returned to them as a forged bill; they, of course, adopted the necessary steps, and unfortunately I have not been enabled to find Anderson, who, I understand, is now in America. This I have stated before and again repeat, and do therefore, my Lord and Gentlemen of the Jury, humbly submit that I am a truly injured and unfortunate man, and trust that when you have considered my respectable family, friends and connexions, my previous habits and transactions in trade, and also that I am a married man with three very young children, that you will be pleased to come to a verdict in my favour, and restore me back again to my family and friends. My Lord, I shall merely trouble you with a few friends as to character, and now leave my case in your hands.
Two witnesses gave the prisoner a good character.
[Jan. 8.] GUILTY of uttering - DEATH . Aged 34.
Recommended to Mercy by the Prosecutor and Jury, on account of his family; the prosecutor stated that the prisoner had a wife and family in the workhouse .
Third Middlesex Jury, before Lord Chief Baron Alexander.
277. JAMES BUTCHER was indicted for stealing, on the 12th of November , at St. Margaret, Westminster, 1 watch, value 5l.; 5 rings, value 15l.; 1 pair of ear-rings, value 1l.; 3 brooches, value 3l.; 1 neck-chain, value 5l., and 1 gold pin, value 10s., the goods of William Fuller Pocock ; 2 bonds, value 100l. each, and 1 promissory note,JOSEPH COOK and FREDERICK HUNT were indicted for feloniously receiving, on the same day, at the same parish, the goods, bonds, and note aforesaid, well knowing them to have been stolen ; against the Statute.
2nd COUNT, the same as the first.
3rd COUNT, that the said Joseph Cook and Frederick Hunt, after the felony aforesaid was done and committed, in form aforesaid, feloniously did receive, harbour, and maintain the said James Butcher , they well knowing him to have done and committed the said last mentioned felony .
MR. PRENDERGAST conducted the prosecution.
WILLIAM FULLER POCOCK. I am an architect , and live in the parish of St. Margaret, Westminster . The prisoner Butcher was my livery servant - I had gone out of town the beginning of November, came to town on the 12th of that month, and found Butcher had absconded; next morning Mrs. Pocock missed some property - I made no particular search at that time, but afterwards in consequence of what Mr. Wilson said to me, I went home, examined my iron safe, and missed two India-bonds, each of the value of 100l., and a promissory note for 200l.; the key of the iron-safe was still in the drawer where it is usually kept - I remember the prisoner Hunt being on my premises about twelve months ago; he was found in the hay-loft, where my man-servant slept.
MRS. FANNY POCOCK . I was out of town with Mr. Pocock - I returned on the 12th of November, and next day I went to look for a key, which I missed; I missed my jewellery out of a small basket, in a small drawer in my bed-room - the basket was empty; I missed from it a gold watch, a neck-chain, a diamond ring, three brooches, a garnet ring, one ear-ring, and two other rings -I kept the key of thed rawer in my pocket, and had it with me; I had seen all the property about three weeks before- I had been at our country cottage since June, but came up occasionally, and saw them safe the last time I came to town; I knew Butcher was gone before I looked into the drawer.
WILLIAM WEBB . I am a stock-broker. On the 2nd of April, 1830, I bought four India-bonds of 100l. each for Mr. Pocock; I only know the numbers of them by a copy of an entry which I have here - I do not recollect whether the original entry was made by myself; I remember purchasing four bonds for him.
MR. POCOCK. Here is the bill which I received with the bonds - it contains the numbers of them; it is the original bill, signed by the broker - I examined it with the bonds, and know the numbers are correct; they are D. 8927, D. 18,671, D. 9068, E. 5152; I sold the latter end of June D. 8927 and D. 9068, and kept the other two - I missed them on my return to town.
HENRY VICARY WILSON . I am a clerk to Messrs. Hammersley. I cannot swear with certainty to Butcher's person - I have a strong impression that he is the person, from the circumstances connected with the matter, (not from his appearance to-day,) and from his countenance I think him to be the same man who called one morning at our banking-house; I do not know when it was, but as near as I can recollect it was about six weeks since - he handed me over a bill for 200l.; I cannot say whether it was a promissory note or bill of exchange, it was done in such a hurry; I think it was a note, but cannot speak positively - he had also two India-bonds; he handed the note to me and said, "I have brought this from Mr. Pocock;" I immediately looked at it, and perceived that it wanted Mr. Pocock's endorsement; I said, "You must take it back to your master, and tell him it requires his signature at the back;" he then handed me the two India-bonds, and said, "I want the money for these;" I said, "You must leave these for us to see the interest on them, and take the note back to get your master's endorsement;" he said, "Oh, I must take them all back;" he was then leaving the counter - I called after him, and said, "You understand what I have said," and I think he said Yes - he took them away with him immediately; I do not know the numbers of the bonds.
GEORGE COLLARD . I am a clerk in the transfer-office at the India-house. I cannot swear to the prisoner - a person called on me with some India-bonds, between eleven and twelve o'clock on the 12th of November; he wore a livery, but I cannot recollect what sort - he had the appearance of a gentleman's servant - I think it was brown, with some blue about it; I asked what he wanted - he handed me two India-bonds, and said, "I want the money for these;" I looked at them, and said "There is six months' interest on them, I can give you that;" he said, "No, I want the money - master has sent me to receive them, and take up a bill;" I said; "You must be under some mistake - this is not the place for the money;" I recommended him to go back to his master - he said he had not time, he must take up the bill: he pulled out his pocket-book, and put a paper into my hand, which had the appearance of a bill or something - it had a stamp on it; I asked who his master was; he said Mr. Pocock, of Trevor-terrace, Kensington - he said he could not go back to his master; I said, "I will send you to a gentleman at the Stock Exchange, who will negociate these bonds for you;" I sent him to Mr. Edward Mortimer ; I did not endorse the bonds for the interest - it is not necessary to have them endorsed before they can be transferred; it is usually done- he came back in about half an hour, and presented the bonds, with a paper which I had given him, with Mr. Mortimer's address on it, and he requested to have the interest endorsed; a message was written on the paper, to have the interest endorsed - I handed the bonds to a junior clerk, who endorsed them; I chequed them, and then the party goes to our treasury, and receives them - the numbers are taken there with a receipt, and the party takes the bonds to the treasury, and leaves the receipt with the company; the receipt is not here; I took no account of the numbers myself - I have a memorandum of the numbers, which I took from another memorandum I had before made, and which was taken from the original entry in my own handwriting; the man received the interest that was due, and left the office; he signed the receipt - I told him in what form to sign it, to say received for Mr. Pocock, and to put his master's address.
CHARLES SMITH MORTIMER . I assist my uncle, Mr. Edward Mortimer , a stock-broker. On the 12th of November I remember the prisoner Butcher bringing two India-bonds; he said he wanted the money for them - I looked at them, and saw the interest was not made up; he had a slip of paper, with our direction on it - I wrote on it that the interest must be made up, and told him to takeD. 18,671 and E. 5152 - I asked him his master's banker, and he told me Hammersley; I drew a draft for 203l. 1s. 11d., wrote their name across it, and said, "Take that to your master's bankers, and they will get it cashed for you;" I told him nobody but Hammersley's could receive it - he said he wanted the money, for he had a bill to take up in his way back, and he took out a bill or note; it appeared a piece of stamped paper, which I did not much notice - he said he was much after his time; I then tore up the cheque, and gave him another not crossed, on our bankers, Willis and Co. - I told him to be careful of the money - I gave him a note of the sale: he was dressed as a livery servant, some part of his dress was rather a light blue.
WILLIAM PEARCE . I have been in the army, and am chief of the Police at Clonmell. On the 25th of November the three prisoners came to the Mail-coach hotel, at Clonmell, at which I reside; they were each armed with a fowling-piece, which induced me to have them apprehended; I found on Butcher this pocket-book, a gold chain, a diamond ring, a gold breast pin, a brooch, a silver watch, and 44l. 1s. in money: on Cook, who first gave his name as Hunt, and afterwards as Cook, I found a broken brooch, a silver watch, a gunpowder-born and shot-pouch, and 40l.; on Hunt I found a gunpowder-born, a shotpouch, and 45l. 7s.; I traced the gold watch to a watchmaker's shop in Clonmell - the shopkeeper brought it to me, and, in the presence of the prisoners, stated it to have been delivered to him to be cleaned, by Hunt, who admitted that he had given it to him, and Butcher afterwards said it was his property - I produce it: the prisoners at first told me they were three brothers, and that their names were Hunt - they all three stated that to be the case; they were examined separately, in the presence of the Mayor, and what they said was taken in writing, but when they were not before the Mayor, Butcher admitted to me that he had given a wrong name, and that he had taken money from his master in England; I did not hold out either threat or promise to him - he said he had robbed his master and divided the property with his companions, (they were not present) and that he had come over to Ireland to get out of the way - the others said nothing, except in the Mayor's presence.
GEORGE COLLARD re-examined. I have now got the receipt which I gave the man, who I think is the prisoner - it has the numbers of the bonds on it, chequed by me -(read.)
Received the sum of 3l., being six months' interest on 200l. on bonds, D. 18,671 and E. 5152, G. Collard, 13th. November, 1830, endorsed, "Received for W. F. Pocock, 10, Trevorterrace, Knightsbridge, James Page .
MR. COLLARD. Seeing he was unacquainted with the business, I told him it was necessary to put his name to the reciept, and I wrote on the back "Received for," and said, "Put your own name, your master's name and address on it, and they will pay you at the treasury;" he signed it in my presence, before he took it to the treasury - I cannot swear the prisoner is the man, but think so.
WILLIAM HALL . I am an officer of Queen-square. In consequence of directions I went to Ireland, and received the prisoners in charge on the 11th of December, at Clonmell gaol - I had received some ear-rings, a gold watch, a brooch, and a broken brooch, a ring, and some other things from the Mayor the day before; I told them, on the 11th what I had received, and that I had seen some silver watches - I neither threatened nor promised them any thing; Butcher said the gold watch and the silver ones they had tossed up for which should have which, and it fell to the lot of Cooke to have the gold one - they were all present when he said this; they said they had some money left - that every one had had his share regularly out, and the constable had taken it away from them; Butcher said "It was my mistress' gold watch, and her rings and brooches, and I did not mean to part with them till we had sold every thing - I meant to keep them till the last;" he said he had sold two bonds to somebody in London - he did not know his name, but it was somewhere near the Bank, and that the money was got by those bonds - that he sold them for 203l. 1s. 11d., and that the other two prisoners stopped over the way while he went and sold the bonds; they were altogether when he made this statement, and I am sure the other two heard him say they were waiting over the way while he went to sell them - they said they were there, and waited till he had got the money, and then they all three went down to Deptford together; Hunt said this first, and then Butcher said when they got the money they all went to Deptford together, and Cook confirmed that account - I distinctly heard that; Butcher said the money was shared out, and they went to Deptford - the other two said they had the share of the money: they said so one after the other, and that they went to Deptford, from there to Gravesend, then to Chatham, and back to Gravesend again - there they all bought clothes alike, and then they went on board the Shannon steam-boat, which took them to Falmouth, and from there to Dublin, (in another conveyance, I believe, but they did not say that;) Butcher said they bought three guns at Dublin, and gave 5l. each for them, and from Dublin they went to Clonmell - this was said in the presence of the others; they did not deny any part of the statement.
Cook. We never went ashore at Falmouth - we were not present when he said how we shared the money. Witness. They were handcuffed altogether at the time.
MR. POCOCK. This is my pocket-book - this diamond ring, gold watch and pin I can swear to.
MRS. POCOCK. I know the ear-rings and this watch are mine; this pearl brooch, gold chain, two brooches, and a broken brooch are mine - it was not broken when taken - all these things were in the basket in the drawer; I am rather uncertain whether the cornelian brooch was in the basket - the house is our dwelling-house; we live there.
BUTCHER - GUILTY - DEATH . Aged 18.
Recommended to Mercy by the Prosecutor .
COOK - GUILTY . Aged 17.
HUNT - GUILTY . Aged 18. On the 2nd Count.
Transported for Fourteen Years .[Jan. 8.]
OLD COURT. THURSDAY, JANUARY 6.
First Middlesex Jury, before Mr. Justice Gaselee.
278. WILLIAM CHESSON was indicted for stealing, on the 21st of December , 10 sheets, value 30s.; 3 dresses, value 24s.; 1 gown, value 5s.; 2 shifts, value 4s.; 2 aprons, value 1s.; 1 shawl, value 1s.; 2 petticoats, value 10s.; 1 piece of muslin, value 5s.; 1 pair of stockings, value 1s.; 6 sovereigns, and one 5l. Bank note, the property of Sarah Stracey , in the dwelling-house of Elizabeth Waldron .
MR. STURGEON conducted the prosecution.
SARAH STRACEY. I am servant to Mrs. Elizabeth Waldron , who lives in Highcross-lane, in the parish of Tottenham . On the night of the 21st of December, the prisoner, who slept on the premises during the winter, came in before ten o'clock, as usual; he sat down in the kitchen some time, talking about the fires in the country, and in about a quarter of an hour went up to bed - he came down in about ten minutes after, and asked if there was any body sleeping in the room opposite to his, as he saw a light through the key-hole; we told him there was nobody, but wished him to go into the garden, to see if there was a light from the window; he went, returned, and said there was no light, but he heard somebody rush across the garden - that alarmed us very much: we wished him to call in Hill; when Hill came they went up stairs together - they returned together, and said the door was locked (and the key taken away;) they fetched one of the night Police - they could not force the door open, and got a carpenter, who forced it with a crow-bar; I went up into the prisoner's room, and found my box, which was locked, and the key in my pocket, but the hinges, which are leather, were cut, and the box opened; it always stood in the prisoner's room - I had not seen it since the Wednesday before - this was Tuesday: the prisoner has slept in the house the two last witness - I saw a bag brought into the house; it contained my mistress' property, and some of mine: the house was all closed before five o'clock that evening - every window was closed, and the door double locked; only me and mistress were in the house; neither of us had been out all day - it was a damp evening; I do not know whether it rained - I went out next morning; the earth was damp, but I do not recollect rain.
Cross-examined by MR. CHURCHILL. Q. The prisoner remained in the house all that night? A. He did; he was up stairs for ten or fifteen minutes before he came down - I only know that because he was in the house before ten o'clock, and he fetched Hill before half-past ten; I had been in his room about half-past nine that night, but I had not been into the opposite room since Sunday - I locked the door on the Monday morning as the wind blew, and left the key in the door; it is a very strong door, it is the attic.
MR. STURGEON. Q. You went into his room at half-past nine o'clock? A. Yes, to turn his bed down; I went out again, and saw nothing more than usual - I locked the door on the landing side.
COURT. Q. Would the door lock on both sides? A. Yes; I slept in mistress' room on the first floor; the two rooms are on the second floor - nobody slept in the other room on the first floor; the prisoner works out in the day time, and sleeps at the house in the winter, for protection.
WILLIAM FLACK . I am a carpenter, and live at Tottenham. On the night of the 21st of December, a few minutes before eleven o'clock, the prisoner and William Hill knocked at my door, and told me there was somebody in Mrs. Waldron's house, and asked me to come and break the door open; I went up stairs - one of the night-constables was up stairs, on the landing-place, with a poker in his hand; the Policeman assisted me in opening the door of the attic - I found the bottom sash up; I asked the prisoner if he knew any thing of the sash being up - he said No; we looked round the room, and saw a socket chisel, a small screw-driver, and a small bit of candle - I saw them found by the prisoner and Hill, and there was a razor in a chair behind the door, on the right-hand; I saw a cord hanging out of the window, and a pair of cart or chaise reins attached to the end of it - we searched the other rooms up stairs, but found nothing; we then went on the roof - the prisoner and Hill went on the roof, through the trap-door in the ceiling, which slides back; the prisoner then unbolted the door in the roof leading on to the gutter - we searched the roof, saw nobody there, and came down; the prisoner and I went round the house into the garden - I saw something laying there, and the prisoner said it was a sack; I said, "Yes, it is, and something in it;" I took it into the kitchen, and the property in it was claimed by the servant and her mistress - the trap-door was bolted inside the roof; it is above the ceiling and leads to the gutter - the one in the ceiling was slipped half way back; nobody could have got out on the roof, and then bolted the door - the reins were tied to the window with a kind of single slip noose at each end; I cannot say whether they were drawn tight - the reins hung eleven feet from the ground; there was a pear tree between them and the ground - the ground under the window appeared fresh; I did not observe any foot-marks - I found in the room a chisel, a screw-driver, and a piece of candle.
Cross-examined. Q. Had the window any fastening? A. None - it is about five feet high, and would stand open about half that height; the pear tree would not hinder a man from getting down if the reins were sufficient to carry him down.
MR. STURGEON. Q. Could a man have got up to the window from outside, without a rope? A. No - he could not have got down from the pear tree without my observing the branches being disturbed; there is another window between the pear tree and that window.
COURT. Q. What became of the candle? A. Griffiths, the officer, took it away - I did not observe whether it had been lighted.
JAMES GRIFFITHS . I am constable of Tottenham. On the night of the 21st of December I received information that Mrs. Waldron's house had been robbed; I immediately went there - it was about ten minutes before twelve o'clock; I went into the kitchen, and saw the bag containing a number of articles, a pair of reins, a chisel, a piece of candle, a screw-driver, and a razor - I examined the house; the lower part was all secure; I went up to the attic - I observed the door forced open; the window was half open - I looked out of window, saw the
Cross-examined. Q. Where did you first see the rope? A. In the kitchen - I do not know what alteration might have taken place in it; I was in and out of the house all night - I left the prisoner in the house, with Mrs. Waldron and the servant; there was nothing to prevent his running away - I have known him five years, and never heard any thing against him; I searched him about eight o'clock in the morning - I did not intimate that I suspected him before that; I certainly said I did not believe any body could get in the way described - there is a society at Tottenham, which offers a reward on apprehension of felons; it is not paid before trial - the amount is according to what they please to give, there is no fixed reward now; the prisoner was not apprehended for the sake of the reward; as I apprehended him I expect to have the reward - I never knew a reward given on an acquittal.
MR. STURGEON. Q. Did you search the prisoner's lodging? A. Yes, twice - I found nothing of the prosecutrix's there; I examined the harness in his cart-shed- it appeared to be perfect, except a collar and a pair of reins; I then went to him in the watch-house, and asked if his harness was complete - he said No, there was no reins, for he had lent them to a man named Boreham; I sent for Boreham, and afterwards told the prisoner Boreham said he had never borrowed them of him - he repeated that he had lent them to Boreham.
MR. CHURCHILL. Q. Can you swear the reins belonged to a particular harness? A. No - the collar has not been found.
WILLIAM OAKMAN . I am a night constable of Tottenham. On the 21st of December Hill called me out of bed - I went with him to Mrs. Waldron's; I saw the prisoner, Mrs. Waldron, and her servant, standing in the kitchen - I asked the prisoner what was the matter; he said there was somebody fastened in the room up stairs -I went up to the door of the second floor room with him; I found it fastened - I tried to break it open with my feet, but could not, and shortly after Flight came with an iron bar, and broke it open: we both went in together - Flight said to the prisoner, "There is that window glass, do you know any thing about it?" he said he did not - the prisoner passed me on the left hand, went to a table near the window, and said, "There has been some one here, for here are their tools;" I went to look at them, and saw a rusty socket chisel, a small screw-driver, and a piece of candle - I did not examine the candle; the prisoner went a little further to the window, which was up, and said,"Here is a rope where they must have made their escape out of window;" the rope was fastened to the foot of the bedstead, which stood up against the wall, the bottom of it within four or five inches of the window - the bedstead did not appear to have been moved - the prisoner went round the room with me, and said, "Here is a razor;" we searched the room every where we could conceive a person could be concealed, but found nobody- I and Flight pulled the rope up - the reins were fastened to the end of it by the buckle; I left the room with the prisoner, and went to the sliding trap door, and along the roof to another small door, which leads to the parapet - it was bolted inside; the prisoner pulled the bolt back, the door then gave a swing as if the bottom hinge was broken - there was no means of unbolting it outside; the prisoner then took the light from me, and went all over the loft - we then went down into the kitchen; I told the prisoner and Flight they had better go and search the outer places, as they knew them better than me; Flight returned with a bag, and said to me, "You said they had got nothing out, but look here;" I opened the bag, the servant looked in, and found her stockings and a silk dress of her mistress' in it - she then shook the contents out: I did not go into the garden.
Cross-examined. Q. Do you know what weather it was? A. I believe rather foggy and damp - I do not think the ground was frozen there, it being so close to the wall; I have known the prisoner twenty years, and never heard any thing against him - I left the house between eleven and twelve o'clock, left Flight there, and sent Griffiths there.
WILLIAM HILL . I am a gardener - I live at the next house to Mrs. Waldron. On the night of the 21st of December the prisoner came to my house, and asked me to go into Mrs. Waldron's; on going in he told me he thought there was somebody in the house in the upper room, for he had seen a light through the key-hole - I went, and found Mrs. Waldron and the servant in the kitchen; the prisoner and I went up stairs, found the door fastened, and the key out - I went down and fetched Oakman; we came up, but could not force the door - I went with the prisoner to fetch Flight, who broke it open with a small crow-bar; I found the window open, and saw the reins drawn up.
THOMAS BOREHAM . I live at Tottenham, and have dealt in green-grocery for the last three months. I know the prisoner - I am quite sure I never borrowed any thing of him, nor commissioned any body to do so.
Cross-examined. Q. Do you keep a cart? A. Yes -
ABRAHAM ISAAC . I am a fruit-merchant, and live in North-street, Spitalfields-market. The prisoner has dealt with me for the last seven years; I occasionally lent him a bag, as I do other customers - he is a gardener, and keeps a little shop at Tottenham; I have perhaps lent him a bag ten or twelve times within the last three years, but not within the last eight or ten months, to my knowledge - the last goods he had were in a barrel; I cannot say I lent him this bag - there were a quantity of bags sold at a sale seventeen or eighteen months ago: I bought ten or fifteen of them - I believe they were all marked in this way.
COURT. Q. When the prisoner borrowed your bags did he return them? A. Yes, or pay for them; I do not know that this is unlike the bag.
MR. CHURCHILL. Q. How many were sold? A. Five or six hundred - it is out of any man's power to swear to the bag.
ELIZABETH WALDRON . I am a widow, and live at Tottenham. On the night of the 21st of December I lost no property but what was found in the bag - this property is mine; I had seen it on the Wednesday before the robbery, which was on Tuesday - it was kept in a wooden box in the prisoner's room; I have employed him one day in the week for the last seven years, to garden for me - this is the second winter he has slept in my house, for protection; I was much alarmed on the night of the 21st, at seeing him come down into the kitchen, half undressed, as my servant has stated; the clock struck ten a few minutes after he came in, and he went up stairs about ten minutes after that; in ten or fifteen minutes he came down, opened the kitchen door, and asked if there was any body in the room opposite to his - we said No; he said there was a light in the room - I did not go up: I was so alarmed I fastened myself into the kitchen - the value of my things is 2l. 14s. 6d.
Cross-examined. Q. How long did the men who afterwards came to the house remain? A. I cannot say, I was so alarmed; I sat up all night - they all went away except the prisoner at last; the prisoner, I, and the servant were alone in the house, the morning part, and he remained there - my servant had been baking that day, and I had been making tarts; I was sometimes in the parlour, and sometimes in the kitchen - I was in the kitchen till five o'clock; I think it was not quite dark then: my doors were shut at five - nobody could have entered at the lower part of the house, I am certain.
COURT. Q. Had the prisoner been in your house since the morning? A. Not to my knowledge - he was not at work there that day; there is another garden at the back of mine - a person could get over into that and get away: I have never found the key of the room - I saw it in the door on Sunday; the sack was found near the house - I had not been in the garden all day; the prisoner sat up in the kitchen with us all night - I do not know when he was told he was suspected; I was very ill in the morning, and went to bed.
SARAH STRACEY. I lost the articles which are here that night; also a 5l. note and six sovereigns, which have not been found - the money was in a small box in the same box as these things were taken from; I saw the money there on the Wednesday.
Cross-examined. Q. Can you speak to the exact amount of money? A. I am certain there was a 5l. note and six sovereigns; there might have been more sovereigns - my box was not quite emptied - the things were turned upside down: the window is twenty-six feet from the ground; we could not hear a noise up stairs - mistress was in the kitchen when the prisoner alarmed us; we had no clock, but the church clock struck ten - the small box was left, and the money taken out.
COURT. Q. You had gone into the room about half-past nine o'clock that night? A. Yes, to turn the prisoner's bed down; I saw nothing amiss then - I went into his room after the money was found; the box then stood in its place, and was locked, but finding these things, which I knew had been in it, I examined, and found the lid cut, and the property gone; my mistress' things were in a wooden box, which the key was always left in - if the box had been cut, and the property taken before half-past nine o'clock, I should not have observed it; the room remained the same, except that a large leather box was open, which I did not observe at half-past nine, but it might have been so then - it is very improbable that I should not see it; I had not been into the garden all day; the front door had not been opened all day, except by the prisoner when he went out in the morning; a person to have gone up stairs must have come through the kitchen where I was to go out at the back; I had been all day in the kitchen, baking - the prisoner remained in the kitchen with us all night: he had gone up and dressed himself after the witnesses had been - he left our house in the morning with the constable, between nine and eleven o'clock; I think he remained in the kitchen with us till half-past seven o'clock in the morning, when mistress went to bed, and he still remained about the house - the constable came between eight and nine; the leather trunk contained curtains - nothing was taken out of that.
JAMES GRIFFITHS . I searched the prisoner at eight o'clock - I had been in and out of the house several times during the night; the prisoner was there all that time - I first told him I suspected him about eight o'clock, and searched him; he said, "You are very welcome, Jem" - I found a small quantity of gunpowder and some tinder on him, a few halfpence, but no other money: I detained him- he might have gone where he pleased during the whole night.
Prisoner's Defence. As to the powder, it is what I charged the pistol with on the night of the robbery - I used to keep powder and shot in the room in case it was required - the tinder I am in the habit of using to light green-house fires.
NOT GUILTY .
Before Lord Chief Baron Alexander.
279. JOSEPH DAVIES and CHARLES STRICKSON were indicted for breaking and entering the dwelling-house of George Symonds , on the 13th of December , and stealing therein, 2 coats, value 4l.; 1 waistcoat, value
GEORGE SYMONDS. I live in King's Arms-yard, Shoreditch ; the passage to my house faces Shoreditch church - my house is thirteen or fourteen yards down the passage; I have two rooms there, which are my dwelling-house - a flight of stairs at the bottom of the passage leads up to a gallery and to my rooms; I sleep in the inner room. On the 13th of December I went home between twelve and one o'clock; I did not latch the outer door, but remember latching the inner door - I undressed, put my clothes on a box by my bed-side, and at half-past three was awoke by the Police and a watchman, who asked if I had lost any thing; I got up, and missed the clothes I had worn during the day - the gloves were in my great coat pocket with two razors, and my watch; the Policeman and watchman went down stairs, and in ten minutes or a quarter of an hour I went into Shoreditch, stopped there about an hour, then returned to my rooms, staid there from half-past five to quarter-past six o'clock - I was then standing at the door, heard a whispering at the foot of the stairs, and saw the forms of two men there; it was gloomy there - I could not distinguish their features; I distinctly heard one of them say."They are gone;" I immediately called my brother, then ran down stairs, and followed close at their heels, down the passage, and never lost sight of one of them - that was Davies, he had a great coat on - I watched at the corner of the passage, keeping him in view, till my brother came down; I told him to go a-head, and follow the prisoners - I walked on the other side of the way after him; my brother went up, and stopped them; I immediately crossed over, and gave them into custody - I had never lost sight of Davies; Strickson told the watchman, if he dared to lay hold of him he would knock him down, and he gave him a severe blow on the head; two Policemen came up, laid hold of him, and took him to the station - I had lost sight of Strickson for a moment, while he turned the corner - I swear they are the two men who were whispering at the foot of the stairs.
Cross-examined by MR. PHILLIPS. Q. Was it day light? A. No, it was a dark gloomy morning; they were taken about a hundred yards from the house - they both turned the corner of the passage, but when Davies turned I was close to him, and did not lose sight of him - my brother was in my room; I called pretty loudly - I had been at the Red Lion, in Hunter-street, the night before, and had some purl; I was there till ten o'clock, but not drinking all the while - my score was 4d. or 5d.; I had broken the glass of my watch, and put it into my great coat pocket - there was no lock to the door; I could see the prisoners at about eight yards distance - a sovereign and a half and a few halfpence were found on Strickson; I did not see either of them smoking a segar - I have two rooms over some stables; there are ten rooms on the same gallery, and doors to each - it was not my great coat which Davies had on.
JOSEPH SYMONDS . I was awoke on the morning in question by the watchman and Policeman coming up stairs - I sleep with my brother; the watchman showed him a suit of clothes, and asked if he had lost any thing; I knew them to be his - he got up, and put on his working dress - the watchman left the things in the room as he had found them; the great coat has not been found; it was about half-past three o'clock - I got up before he left; my brother went down stairs - I came up again in a quarter of an hour or twenty minutes; he kept going in and out, and at half-past five o'clock I was sitting in the room, and heard myself called - I ran down; he said two men, whom he suspected, had run down the court - I followed with him, but never saw the prisoners till they were in Kingsland-road; my brother pointed to them - they were two hundred or three hundred yards off; I directly went after them, stopped them, and accused them of robbing my brother - they said they were innocent; my brother came up, called the watchman over, and gave them in charge - the Policeman came up in two or three minutes.
Cross-examined. Q. Were you and your brother inside your own door when he told you the men had just gone off? A. I was, but my brother was on the gallery; you can just see into the street from the gallery, and it is as much as you can; you cannot see a yard beyond it - he was standing at the bottom of the gallery stairs when I got down; he could see into the street from there if people were passing - I saw nobody; nobody could have passed without my seeing them - my brother stood at my side - nobody did pass; I consider he must have lost sight of the men in turning the corner - they were stopped a hundred or a hundred and fifty yards off; the court is twelve yards long - I never saw them till he pointed them out to me, about fifty yards from the court; he said, "There goes the two men I suspect have robbed me;" I might have seen them before, but did not notice them - I passed two or three persons in the street; when I first got to the bottom of the stairs, he said, "Joe, here are two men just run up the court, who I suspect;" he could not have seen them then - they had turned the corner; no housebreaking implements were found on them.
JOHN WILLIAMS . I am a private watchman. I was calling half-past three o'clock, and met a Policeman in Old-street-road - the prosecutor's gateway is in my beat, but not the stairs; I found a Policeman and watchman on the stairs, who said they thought every thing was not right - I went, and told them to follow me to the bottom of the yard; I found the clothes laying on a sort of form at the bottom of the stairs - there was a coat, waistcoat, and trousers, but no great coat; I found the prosecutor's door open - he claimed the clothes, and I gave them to him- his mother said, "Where is your great coat?" that was missing - I came down, and went to look for the prisoners; a private watchman directed me up the Hackney-road, but I could not overtake them - as I was calling half-past five o'clock I was called over, and went to lay hold of Strickson by the collar; Davies said, "You are not going to be taken by that old b-r, knock his brains out;" I took them with the assistance of the Police; there was a sovereign and a half and a shilling found on Strickson.
HENRY WILLIAM CLARK . I am a Policeman. On the 13th of December, between twelve and one o'clock at night, I observed the two prisoners and two girls of the town, who constantly walk there, talking together: and about a quarter-past three I met Davies with the two women - Strickson was on the opposite side of the way, with a man who had a wooden leg; Davies was on the same
Cross-examined. Q. Did you leave the watchman behind when you had found the property? A. Yes - I did not search the prosecutor's rooms, but ran in pursuit of those I had seen come out of the court; it was about twenty minutes to four o'clock - Strickson, at the watch-house, had a blue coat on, which he generally wore; I knew them by being there every night - our commissioners generally give a reward for apprehensions; it is not on conviction: when a man apprehends a party he sends a note to the commissioners, and if they think it a case worthy of reward they give one - I have been twelve months in the Police.
JAMES EDWARDS . I am a Policeman. I was going round by Shoreditch church between three and four o'clock in the morning, and saw Davies waiting there - I watched for near ten minutes, and then saw Strickson, or a man very much resembling him, come out of the gate of the court in question, with a great coat on; Davies followed him; I then met the private watchman, and inquired if a person of that description lived there - he said not; he and a Policeman went to examine the premises - finding a robbery had been committed, I went in the direction they had gone, but did not find them; about six o'clock that morning I saw them at the station - I knew Davies well, having seen him before.
Cross-examined. Q. About what hour did you see the man close to the iron gate? A. Between three and four o'clock, nearer four.
JOHN GREEN . I was a Policeman at the time of the robbery, but am now a boot-closer. About twenty-five minutes before four o'clock that morning, I saw Strickson cross from Shoreditch to the corner of Kingsland-road - I did not see him come out of the court; he had a dark great coat on, with pockets on the outside - he called to the prisoner Davies, "Joe," two or three times; Davies joined him- they then turned back, and went up Hackney-road together; I knew them before, and followed them - I overtook them, and saw each of them with a segar in their mouths, wetting them; Strickson asked me the time - I told him near four o'clock; I knew them both before.
Cross-examined. Q. Were they not walking leisurely? A. Yes, in a skulking sort of way - it was about twenty minutes to four o'clock; I left the Police on obtaining a better situation.
Davies' Defence. I was walking quietly along; Williams came up and said Symonds had lost a suit of clothes, and I was the person he suspected; he laid hold of me - Strickson handled him roughly; he put up his stick, and said,"If you don't go quietly, I will knock you down with it."
NOT GUILTY .
Before Mr. Justice Gaselee.
THOMAS BEESTON . I am a Policeman , and live in Angel-court, Strand . Last Tuesday evening, about five o'clock, I went out, leaving my coat hanging on a nail in my room - I returned about one o'clock in the morning, and it was gone; about eleven o'clock the prisoner's father, who lives in the room with me, found his things disturbed - I told him I had lost my coat; I saw the prisoner three or four days after, in Covent-garden watch-house, and questioned him about my coat; I merely asked him to tell me the truth - I did not say it would be better for him; he said he had pawned it in Stanhope-street - I went and found it pawned at Lamb's; it is not here.
CHARLES MAINE . I am a pawnbroker. On the evening of the 28th of December, the prisoner pawned the coat with me, for 2s. - he asked for 2s. 6d., and told me it was his mother's; the prosecutor saw and swore to it at Bow street, on the 3rd of January - it is now at my employer's, but has been mislaid, through the carelessness of persons I left at home; it was my master's fault and not mine: I am sure the prosecutor swore to the same coat as the prisoner pawned; it was in its proper place till the 3rd - I left it at my employer's, and when I looked for it this morning I could not find it.
THOMAS BEESTON . I am sure the coat I saw on the 3rd of January was mine; I had had it twelve months - the prisoner was present when I saw it; he told me where he pawned it - he was taken to Bow-street for pawning his mother's things; he did not live in the house - it is one of our stations; his father was in the Police - I do not know what he is doing now.
Prisoner's Defence. My mother took it out of the room, and gave it to me to pawn for 2s. 6d.
NOT GUILTY .
First London Jury, before Mr. Recorder.John Griffin .
JOHN GRIFFIN. I keep the George public-house , Leather-lane. On the 31st of December I was going up Fleet-street, from the Ship, in Ivy-lane; I was not drunk nor sober - I had gone there about ten or eleven o'clock, and drank rum and water; I might be drunk and not know it - I met the prisoner in Fleet-street; she asked me to give her some gin - we went into the Red Lion in some court there, and had some gin; she then asked me to go home with her, to which I agreed - she took me to a ground floor room in a house in some court in Fleet-street , where she resides; it is not far from the Red Lion - nobody else was in the room; it was nearly one o'clock when we got there - I am confident I had my watch when I went into the room, for I felt it in my fob when I took off my trousers and put them on a chair; after I undressed she asked me to stand a drop of gin, and we had 6d. worth - I had a glass of it, and then dropped off to sleep; a young woman came and awoke me about three o'clock, and asked me what business I had there(the prisoner was then gone) - she said the bed belonged to her, for she had paid for it; I got out, put on my trousers, and missed my watch - she said she had not seen it, and I believe the landlady called the watchman; he got the constable of the night to search the house - the prisoner was brought back in ten minutes; I charged the other woman with taking it, and not her - I afterwards saw it at Guildhall, and knew it; it has been in my family hundreds of years.
Cross-examined by MR. BARRY. Q. Are you a married man? A. Yes - I left Ivy-lane at near twelve o'clock; I left home between ten and eleven - I was not tipsy; I had left the public-house ten minutes or a quarter of an hour before I met her - I had not been toying with any girls on the road; I did not take out my watch in the room - I went into the house between twelve and one o'clock; a woman fetched the gin after I took my trousers off - that woman had been in the room.
Q. On your oath was not the woman who awoke you, the woman who had been in the room with you? A. She certainly was not - I should think not; I am sober now- I had 2s., which I put into my stocking that she should not take them.
JOHN GARTON . I am a watchman of St. Bride's. On the 31st of December, about a quarter-past three o'clock, I was called to No. 2, Harp-court, Black Horse-court - a woman belonging to the house desired me to go into the parlour, for there was a man there ill-using a woman; I found it was Griffin - he was dressed; he had been drinking, but had not sufficiently recovered - he charged a woman there with robbing him of his watch; I did not know I was authorized to take a person out of a house -I directly went to the watch-house, which is not twenty yards off; Watts, the night officer, went with me - the prosecutor was still contending with the woman about his watch; while the officer was searching the room, I heard a scuffle and saw the prisoner attempting to run out of the front parlour door - I followed, and took her, without losing sight of her, against Mr. Farrow's house, No. 80, Farringdon-street, about fifty yards from the house; when I laid hold of her she was picking up her clogs - she returned with me quietly; the prosecutor immediately said, "That is the woman that came in with me to go to bed with me;" he did not charge her with taking the watch - I took both the women into custody, then returned, looked about, and on the identical spot where the prisoner was stooping to pick up her clogs, I found the watch without the outer case, and in the morning at day-light, I saw the watch-case down Mr. Farrow's area; the prosecutor claimed it - the house he was in is a common house for the reception of prostitutes; the prisoner frequents it.
Cross-examined. Q. Are there other houses of the same description in the court? A. Yes - it is not a thoroughfare; the place where the prisoner stopped was immediately under a gas-light - it was about a quarter-past three o'clock; the impression on my mind was that the prosecutor had been worse than he was then.
NOT GUILTY .
282. JOSEPH WRIGHT and DAVID JONES were indicted for breaking and entering the dwelling-house of Thomas Roberts , on the 4th of January , and stealing, 3 reams of paper, value 2l. 10s., his property .
THOMAS ROBERTS . I am a stationer , and live in Watling-street . The prisoners are perfect strangers to me - my warehouse door is kept shut, but not bolted; on the 4th of January, about five o'clock in the afternoon, I heard a noise at the end of the warehouse, and thought it was my porter engaged about the paper, but the constable came in and asked if I had sent any paper out - I told him I had not, and in about five minutes I took Jones into custody, with three reams of paper on his shoulder; he had gone down Queen-street, turned to the left, and up a street to the right - I said, "You have stolen my paper;" he denied it, and said he was employed by a stranger to take it to Aldersgate-street - he did not say to whom; I took him into a house - then he was brought to my house; I have not a doubt of the paper being nine - on returning to my warehouse I found Wright in the custody of my porter; I had only lost three reams - I cannot myself he certain the door was closed; I first saw Jones at the top of St. Thomas Apostle, about two hundred yards from my house.
FRANCIS ARNOLD . I am porter to Mr. Roberts. I was at home about five o'clock in the evening, and left the door on the latch, I am quite positive - I went into the cellar leaving nobody in the warehouse; master was in the counting-house, and in about five minutes the officer came - I ran up stairs directly, and the instant he spoke I missed the three reams of paper, which I had seen safe before; there had been sixty-two in the stuck when I went into the cellar - only myself was employed in the warehouse; I went in pursuit - the officer brought Wright into the warehouse, and left him in my charge; he had got nothing then - the officer requested me not to let him go, saying in his presence that he had seen him with the paper first; Wright made no reply - Jones was brought back in about ten minutes with these three reams of paper, which I had seen on the stack before I went into the cellar.
RICHARD GEORGE STATHAM. I am a street-keeper. On Tuesday, about five o'clock, I saw Wright with three reams of paper loose - he was getting on the pavement directly opposite Mr. Roberts' house; I directly crossed over, and asked Mr. Roberts if he had sent any out - he followed me; I had seen two or three more persons near Wright, but do not know whether they were in his company - I followed Wright, and saw him going up Queen-street without any paper; I overtook him in Cheapside - I am certain he is the person I first saw with the paper; when I took him he said, "The young man went this way;" I said, "You are the young man;" he said, "Do you think so?" I said, "Yes, come back with me;" I took him back to the porter, while I went and found Jones in custody at a house with the paper.
Jones. Q. When you saw Wright come out of the premises, did you see me near? A. There were three or four with him, but I cannot say whether Jones was or was not one.(Property produced and sworn to.)
Wright's Defence. When he crossed over to the warehouse I was on the opposite side, and seeing him go very hasty I stopped to see what was amiss; he came out directly with two gentlemen - the officer ran up Queen-street; I ran with him to see what was amiss, and at the top of Queen-street he said to me, "Did you see which way the young man went?" I said No; he looked at me, and said, "I think you are the young man who had the paper;" I said, "If so, I am willing to go where you think proper."
Jones' Defence. I was walking down Queen-street; a young man, apparently in a great hurry with three reams of paper on his arm, stopped at the corner of a street, placed them on a window cill, and one of them slipped from between - I ran to put them on his shoulder; he asked me to carry them to Aldersgate-street with him as he was in baste; I said I had no objection, having nothing to do - he told me to follow him, and by St. Thomas Apostle the gentleman came up; the man had just turned the corner as the gentleman came up to me.
WRIGHT - GUILTY. Aged 17.
JONES - GUILTY. Aged 21.
Of stealing only . - Transported for Seven Years .
GEORGE BACK. I am an importer of musical-boxes , and live in Leadenhall-street . This box was in the window on the 18th of December; about half-past five o'clock in the evening the prisoners both came into my shop together, and asked for a watch-key; my boy showed them a quantity; I was in the back parlour, and could see their persons - they went out; the box was then safe, about two yards within the shop in the window; about half-past eight o'clock the prisoners returned to the shop - I served them then; they said they had bought a watch-key, about half-past five o'clock that evening, and the boy promised them to change it if it did not fit; I took the keys out of the window, and endeavoured to serve Flanner; he wanted a smaller key than the one he brought, and that was one of the very smallest - I took the whole quantity of keys out; he excited my suspicion by his anxiety to engage my attention - I heard a noise behind me at the window; I looked round, and saw Dullage close to the sash - I asked if he had taken any thing from the window - he said he had not, and then Flanner said he was sure he had not, that he was merely looking at the toys in the window - I did not miss any thing at first, but on looking under a work-box I missed this musical snuff-box; I immediately called my boy, and sent him for a constable - the shop door was closed at the time; in the mean time Dullage got behind Flanner - I looked round at Flanner, and saw Dullage in the act of drawing the box from under his coat; he then said he merely took it to look at - I took it from him.
WILLIAM BAILEY . I am a ward-officer. I took the prisoners in charge - Mr. Back gave me the box; Flanner said Dullage had been looking at it, and it was very hard that he (Flanner) should be taken up.(Property produced and sworn to.)
Dullage's Defence. Flanner had nothing to do with the box, and I only had it in my hand to look at - I never thought of stealing it.
Flanner's Defence. I did not know he had got it; I believe he had no more idea of stealing it than my Lord, who sits there.
MR. BACK. Flanner wanted a smaller key; he turned every one aside that I chose for him, took up several larger ones, and asked if they were not smaller, to engage my attention - he had brought no watch to fit.
FLANNER - GUILTY . Aged 16.
DULLAGE - GUILTY . Aged 11.
Transported for Seven Years .
CHARLES CASTLE . I live in Newman-street, Oxford-street, and am a chair-maker . On Sunday, the 26th of December, between eleven and twelve o'clock, as I was in Smithfield , crossing the end of Hosier-lane, with a friend. I felt the tail of my coat fall - I instantly put my hand into my pocket, and my handkerchief was gone; it was safe shortly before; I hesitated for about a minute, and then went down Hosier-lane in pursuit of the prisoner and another, who were together - they got about half-way down the lane, and my friend laid hold of the prisoner; the other ran, and got off - I should know him again; my friend took the prisoner to the Compter - an officer then searched him, and with great difficulty found my handkerchief next his skin, under his arm-pit; I am certain it is mine - it has my initials on it.
ROBERT PRATT , I live in Greenhill's-rents. I was with Mr. Castle; I perceived the prisoner, and another younger than him, cross from the hospital towards Hosier-lane- they passed behind us; Mr. Castle felt his coat tail fall, and said he thought they had robbed him; he missed his handkerchief - we pursued, and overtook the prisoner about half-way down Hosier-lane, and charged him with picking the pocket; he denied it - I nearly laid hold of
BENJAMIN CATMULL . I am a constable of the City. The prisoner was brought to the Compter - he strictly denied having the handkerchief; I was going to strip him, as he seemed guilty, and when I got his coat nearly off I saw something under his arm - I took off his shirt, and there was the handkerchief.(Property produced and sworn to.)
Prisoner's Defence. I was crossing Smithfield, looked up at the hospital to see the time, and as I looked down again, I saw the handkerchief on the ground and picked it up - I saw a boy running down Hosier-lane; this gentleman came, and said I had his handkerchief - I said I had not; he took me to the Compter, and said it was his - he said at the officer that he had no mark on it.
CHARLES CASTLE. I said I was not positive, but I thought there was a letter on it, and on looking I found it.
GUILTY . Aged 16. - Transported for Fourteen Years .
285. CHARLES HAYLER was indicted for stealing, on the 13th of December , 1 watch, value 3l.; 1 chain, value 1s.; 1 seal, value 20s., and 1 key, value 1s., the goods of William Farley , from his person .
WILLIAM FARLEY . I am a stone-mason , and live in St. Helena-place, Pentonville. On the 13th of December I was at the corner of Cateaton-street - I was rather in liquor, and had given my watch to my friend, Roberts, some time previous, to take care of, as he was more sober than I - he was returning it to me; it was about a quarter-past twelve o'clock at night - the prisoner joined our company in the street; nobody was with him - there was another person with us; the prisoner came and spoke to him, and in a few minutes that man left us - the prisoner stopped with us, and said he would see me home, but would not see me home unless I got my watch from Roberts; Roberts said, "If you like to go with that man better than me, d-n your watch, take it" - he put it into my hands; he turned on his heel to leave us, and had not gone a step or two before the prisoner snatched my watch and ran away with it; I was not able to follow him -I called out, and Roberts followed - a watchman, in a door-way close by, sprang his rattle, and pursued him; I found him in the watch-house in about ten minutes, with my watch.
JOHN ROBERTS . I was with the prosecutor on the night in question - I am a stone-mason, and live in Barnsbury-row; I was not sober, but was more so than Farley- he had a glass of liquor at the last public-house, opposite Whitecross-street, and when he came out I asked if his watch was safe; he pulled it out, and gave it to me to take care of - I put it into my waistcoat pocket; a person we had been drinking with, and who had worked with us, was with us; the prisoner came up, and said, "Mr. Farley, I will see you home" - I thought he might know him; Farley said, "You have got my watch, let me have it;" I gave it him, and went away - I am sure I put it into his hand; I heard the rattle spring, then went to the watch-house, and saw the prisoner - I cannot say he is the same person as had joined Farley; I saw the watch in the watchman's hand.
Prisoner. Q. Did you not give the watch into my hand, and tell me to see your friend home, as you was going to leave him? A. No, I am sure I gave it to my friend, and to nobody else - I believe it was handed from one to the other before the other man parted from us, but not when the prisoner was with us; I am sure I gave it to Farley - I was angry with him, because he would not come with me.
JOHN BARKER . I am a watchman. On Monday night, the 13th of December, I was coming up Cateaton-street - the two witnesses were very much in liquor; the prisoner was behind them, and said, "My lads, I will see you home;" he turned to Roberts and said, "Give your friend his watch;" Roberts took the watch from his right - hand waistcoat pocket, and gave it into Farley's right-hand - I was about six yards from them: the prisoner instantly snatched the watch from Farley's hand, and ran down Aldermanbury - I pursued, and caught him by the Axe inn; he immediately dropped the watch from his hand - I took him to the watch-house; Farley came in, and claimed it - I had been watching them all the time.(Property produced and sworn to.)
Prisoner's Defence. I had been drinking, and as I returned home I met the witnesses and the other, who I had formerly known - I got into conversation with them; Farley was very much in liquor; his friend and the other wished me to see him home - Farley gave the watch to his friend; he gave it to me, and left him: Farley wished for it back again, and I gave it to him again - we walked a little way; his friend came up to us - he gave it to him, and then it was in my hand again; I had no intention of stealing it.
GUILTY . Aged 26. - Transported for Life .
GEORGE WILLIAM MORGAN . I am a constable of Portsoken ward. On the 16th of December I saw the two prisoners in company together, in Basinghall-street, going towards Fore-street - I watched them; Mr. Pullen and a lady were coming from Fore-street, towards them - they crossed the road, and turned back after them; I followed them up Old Jewry, across Cheapside, into Bow-lane , and there I saw Carter take the tail of Mr. Pullen's coat uptake his handkerchief, and pass it over to Pearce, who was by the side of him - I ran to take hold of them; they turned round to come back again, and a gentleman called out, "You are robbed;" I ran across the road, and laid hold of them both together; I pushed them into a passage, and the handkerchief laid in the door-way, behind Pearce; he had thrown it down - I searched them both, and on Pearce found two skeleton-keys and some duplicates; it was about eleven o'clock in the morning.
Pearce. Q. Did you not state at Guildhall that you did not see the handkerchief taken from the pocket, but another gentleman saw it? A. No, I said I saw it taken; the Alderman asked for the gentleman who called out.
Curter. He said another gentleman saw it taken, but he did not. Witness. I never said so.
Pearce's Defence. I have no knowledge whatever of Carter; I never saw him before; I had been to Bennet's, in Chiswell-street, and was not in his company.
Carter's Defence. I was going down Bow-lane, to my master's, Cull's printing-office, to see if there was any work for me - Morgan collared me, and charged me with this; I know nothing of Pearce.
PEARCE - GUILTY . Aged 25.
CARTER - GUILTY . Aged 18.
Transported for Life .
NEW COURT. THURSDAY, JANUARY 6.
Fourth Middlesex Jury, before Mr. Common Sergeant.
GUILTY . Aged 26. - Confined Six Months .
288. JOSEPH AQUILA was indicted for stealing, on the 20th of December , 5 pairs of shoes, value 30s., and 1 pair of boots, value 10s., the goods of Edward Vandeveld , his master ; to which he pleaded.
GUILTY . Aged 58. - Confined Two Months .
Mr. Braithwaite, - You ought to be ashamed of yourself for taking that innocent man up, you d - d rascal - you shall have your brewery burnt down before Christmas is over, so I would advise you to look out; it is a chance if you are not shot, d-n your eyes. SWING, d - n you.
THREE OTHER COUNTS, varying the manner of stating the charge.
MR. ADOLPHUS conducted the prosecution.
FREDERICK BRAITHWAITE . I am master of a brewery in Mary-street, New-road, St. Pancras, Middlesex . The prisoner was in my employ about two months: I dismissed him, and after that I received a letter from some one, which I made the subject of inquiry; here is that letter - the Grand Jury threw out the bill, and two or three days after that bill was ignored. I received from the postman this other letter, on which this prosecution is found; I had seen the prisoner write while he was in my service, and I believe this to he his writing.
Cross-examined by MR. PHILLIPS. Q. Did you go before the Grand Jury with the former letter, by legal advice? A. I put the whole affair into the hands of a solicitor, but he was committed before I had consulted the solicitor, and I was bound over to prosecute; I presume this indictment was drawn up by my solicitor's advice - I received other letters while the prisoner was in gaol on the first charge; I am not sure whether he is married: he was first taken before Mr. Hoskins, and he wished him to be remanded till Mr. Rawlinson could attend; then I wished him to he remanded to bring forward other evidence, and the third time he was brought up before Mr. Hoskins alone- I think I received three letters while the prisoner was in custody; he left prison on Thursday night, the 16th of December, and on the following morning I received this letter- he was taken again the same night; I think I received two letters while he was in gaol, before I went before the Grand Jury; I did not make either of those letters the subject of any charge before the Grand Jury - (letter read.)
SIR, - If you do not immediately raise the wages of the persons in your employ, your premises must share the same fate as others have. SWING.
To Messrs. Braithwaite and Nicholls.
MR. BRAITHWAITE. These other letters are what I received while the prisoner was in custody on the first charge, and these others I have received since he was in charge this last time; I told the prisoner's wife and a gentleman named Day that I had received them - I saw his wife on the morning after he was first committed.
COURT. Q. You have said you believe the letter produced on this charge to be the prisoner's hand-writing? A. Yes - he was my drayman, took out beer, and booked the names of the persons he delivered it to in my books; he was employed about a fortnight or three weeks with the dray, and made entries in the book every day; I have seen him repeatedly - my clerk books the beer, but I was there; my clerk is not here - he could not swear positively to having seen him write, and he thought comparison of writing was not sufficient.
WILLIAM WASS . I am a brewer, in Oxford-street. The prisoner was in my employ for a year and a half or two years as drayman ; I had many opportunities of seeing him write in the counting-house of an evening, when he booked his beer - he kept a delivery-book, but that was written out of doors; he entered his name in the book in the counting-house - I believe, from the similarity, this letter to be his writing; I have compared it, and can come to no other conclusion.
Cross-examined. Q. How long is it since you saw him write? A. It must be two years, as he has left us that time - I think I have seen him write within two years and a quarter, but it is impossible to speak to a quarter of a year; I think I can safely say I had seen him write a dozen times - it was the booking-clerks' business to notice his writing more particularly.
MR. ADOLPHUS. Q. Is the clerk in your service now? A. No, he has left me about six months.(Letter read, see indictment.)
Prisoner's Defence. I know nothing at all about it.
NOT GUILTY .
JOHN HENRY CARR . I am a Police-constable. On the 1st of December, at a quarter to six o'clock in the evening, the prisoner passed me in Oxford-street - in consequence of what I had heard I stopped him, and asked what he had got; he said what he had was his own - I took him to the watch-house, and this stock was found in his bosom, concealed; this plough plane was wrapped in a carpenter's apron under his arm when I stopped him.
The prisoner pleaded distress.
GUILTY . Aged 23. - Confined One Week .
JAMES GALLOP . I live in Old Rochester-row, St. John the Evangelist, Westminster , and am a butcher . On the 28th of December I lost a piece of beef, a little after four o'clock in the evening - it weighed 12 lbs.; it was a very large and good ox.
ROBERT GROVES . I live in Rochester-row. On the 28th of December, about four o'clock, I was in the row, and saw both the prisoners next door to the prosecutor's shop - they were talking together; Alexander had an apron on, which he took off himself and put on Parsons -Alexander then took some beef off the prosecutor's bench, and gave it to Parsons, who put it into the apron, and they both ran away; I knew them before, by living in the neighbourhood - there was a third boy with them, who got away.
ROBERT GROVES. This is such an apron as he had on that day.
Alexander's Defence. I was with Parsons, who keeps pigeons - we went and got some straw, and just by this shop he asked me to lend him my apron; I lent it to him, and Groves instantly went in, as I suppose, and said I took a piece of beef from the shop.
Parsons' Defence. I can say the same.
ALEXANDER - GUILTY . Aged 15.
PARSONS - GUILTY . Aged 15.
Transported for Seven Years .
WILLIAM MITCHELL . I am mate of the Countess of Dunmore, brig - she was laying in the London Docks , in the county of Middlesex - I saw the prisoner on board about the 23rd of December, at work, and while he was there I missed a jacket, which had been on the companion, near the cabin door; I have seen it since in possession of the officer - it was the one I had lost.
RICHARD CROSS. I am an apprentice on board the same brig . On the 24th of December I saw the prisoner leave the brig, and in the evening I missed a pair of old blue trousers from my chest; on the 27th I missed two waistcoats, a jacket, and one pair of brown trousers, worth about 15s. together; I had seen the blue trousers safe in my chest on the 23rd - I saw the prisoner afterwards in custody; he took me to Benjamin's shop, in Rosemary-lane, where he said he had sold the mate's jacket and my blue trousers, and to another shop, where he said he had sold the brown trousers, the waistcoats, and the jacket -I have not found any of my articles.
MOSES BENJAMIN . I am a slop-seller, and live in Rosemary-lane. I bought this jacket of the prisoner, and the next day he brought me an old pair of blue trousers which had been pieced; they have not been found.
Prisoner's Defence. The old trousers were my own; the other jacket I am guilty of.
NOT GUILTY .
Prisoner. I am guilty of this crime.
GUILTY . Aged 17. - Transported for Seven Years .
ISAAC SIMMONS. I am a clothes-salesman, and live in High-street, Bloomsbury. On the 13th of December the prisoner came, about half-past seven o'clock in the evening, and brought a coat - my man called me down. and I took him into custody, with that coat, and accused him of selling my man one before.
LEWIS HART . I am shopman to Mr. Simmons. The prisoner came about seven o'clock in the evening, with a rough great coat, which he offered for sale for 7s. - I gave him 6s. for it; it has been since claimed by William Taylor - I showed it to my master afterwards.
JOHN DAVIS . I live in Belton-street. I borrowed the coat, went to Hampton Court with it, and there saw Taylor, who said I had his coat; I said I had a doubt whether it was his - he said Yes it was, and he had lost it in Piccadilly on the Monday night; I gave it up to him - he gave me his address; I gave him my card, and told him who I had it of.
WILLIAM TAYLOR. I am a post-boy , and lived at the Toy, Hampton Court. I stopped at the corner of Albemarle-street, Piccadilly , on the 6th of December, between five and six o'clock, with my post-chaise - I had this coat inside the chaise; I saw the prisoner and asked him if he would stand by my horses while I went into a shop- I was not absent above ten minutes; when I returned he was gone, the chaise door open, and the coat gone - on the following Monday I met Mr. Davis at Hampton Court with my coat on; I claimed it - he gave it me, and told me how he got it.
The prisoner pleaded distress.
GUILTY . Aged 47. - Confined Three Months .
GEORGE SANDFORD was indicted for stealing, on the 1st of January , 3 lbs. of pork, value 1s. 6d. , the goods of Robert Rolling ; and JAMES HENRY WHITE was indicted for feloniously receiving the same, well knowing it to have been stolen .
HENRY HUTCHINSON. I keep a chemist's-shop on Clerkenwell-green . On the 1st of January I was looking out of my window, and saw three boy s near Mr. Rolling's pork-shop; one was opposite, one had passed the shop, and one had not got up to it - Sandford, who was one of them, took the pork, and gave it to the one who had not got up to the shop; the one who had got on beyond the shop made his escape - I gave information, and then followed them; I came up with four boys in a court in Red Lion-street - White was one of them, whom I had not seen before; he had an apron on with the pork in it - they were altogether, but I cannot tell what they were doing; I seized White, and then secured Sandford -White said a boy had given him a few halfpence to carry it.
ROBERT ROLLING . I keep the pork-shop on Clerkenwell-green. Mr. Hutchinson brought the prisoners to me, and White had the pork in his apron - this was about eleven o'clock; I had seen it safe about an hour before, outside my shop window; it was mine, and worth 1s. 6d. - I had not missed it till the witness told me.
Sandford's Defence. We went out for a place, and passed by this shop - two boys came and said to White,"Take this and carry it for us, and we will give you a few halfpence."
White's Defence. Two boys gave it me to carry - they ran off, and the gentleman took hold of me.
SANDFORD - GUILTY . Aged 15.
WHITE - GUILTY . Aged 15.
Transported for Seven Years .
GEORGE GREENWOOD . I am carpenter of the brig Rachael . She was laying in the London-dock basin, on the 29th of December. I had a jacket laying on the larboard side of the rigging - I went to dinner, and when I came back I missed my jacket; I went towards one of the gates, and met the officer in charge of the prisoner, who asked me if I had lost a jacket.
GEORGE DIX . I am a Thames Police-officer stationed at the London-docks. On the 29th of December, about half-past one o'clock, I stopped the prisoner at one of the gates - he had a small jacket on, and this one over it.(Property produced and sworn to.)
Prisoner's Defence. I went to ask if they wanted any hands on board - they said No, and I went on shore.
GUILTY . Aged 39. - Confined Three Months .
WILLIAM BAWCOMB. I keep the Duke of Wellington public-house, in Crawford-street, Marylebone . On the 30th of December I was in my cellar, and heard a bundle thrown down the stairs, and some one coming down, which caused my suspicion; I put my light behind a cask, listened, and heard a person go into the kitchen -I went to the kitchen door, and saw the prisoner coming out with a pair of brass candlesticks, one in each hand; I collared him, and said, "You rascal, what do you do here?" he made some resistance, but I got him into the kitchen, and threw him on his back - he threw me off, and got up; I told him to put the candlesticks where he found them, which he did, on the mantel-shelf over the fire-place.
CHARLES BOAST . I am a Police-constable. I took the prisoner from the prosecutor - I asked what he had been doing with the candlesticks; he said he took them to look for 1d. he had dropped at the bottom of the stairs - it was about half-past twelve o'clock in the day.
Prisoner's Defence. I went in and had some beer - I then asked a man the way to the privy; he told me, and I went - I was pulling the back door; it stuck, and my bundle fell out of my hand - I could not find it, and I got the candlesticks to get a light to look for it; this gentleman then came and asked what I wanted with it - I told him, and said, "I dare say you heard the bundle fall down the stairs;" the mistress found one of the half-pence, and a young man found the other - I had only one of them in my hand.
WILLIAM BAWCOMB. It was not dark, and there was no candle in them - the stairs lead to the kitchen and to the cellar; none of the customers had any right down the stairs, unless they were going to the privy - there were two halfpence picked up without a light at the bottom of the stairs; there was no one in the kitchen - he did not mention about the 1d. till I had him on the ground, and had hold of his handkerchief.
GUILTY . Aged 57. - Confined Three Months .
JOHN WILSON. I am a sailor , and live in Sophia-street, Poplar. On the Monday before the 30th of December, I was at a public-house, near Ratcliff-highway - I had been drinking, but was very sensible; I drank with a man at the public-house, and when I went out he followed me - I asked if he could tell me of a night's lodging; he said, "You have no money to pay for a lodging;" I said I had; I put my hand into my pocket, and took my money out - there might be 12s. or more; I showed it him - he took hold of the money, and was going to knock me down with his fist; he ran off directly - my hat was down, and I took it up; the officer then brought the man back to me, and overhauled his right-hand pocket - while he was doing so the man put his hand into his left-hand pocket, took out some money, and threw it away; I had not observed which pocket he had put the money into, which he took from me - I am almost sure the man who was brought back was the same man who took my
THOMAS COLLINS . I am a Police-constable. I was in Broad-street, Ratcliff - I heard the noise of a blow on a hat, and ran up; I saw the prosecutor, and the prisoner had just cut across the street - I have not the least doubt but that he was the man who had left the prosecutor; the prosecutor complained of being robbed, and I pursued the prisoner over some iron rails, and saw him getting over a wall which separates Mr. Walton's house from other premises; I got on the rails, and pursued him along the top of the wall - I took him in the act of dropping down from the wall; I had not lost sight of him - I took him to the prosecutor, who said, "That is the scoundrel who has robbed me;" the prisoner made answer, "Though you treated me, you can't say that I put my hand into your pocket;" the prosecutor said he had lost some silver - the prisoner put his right hand into his trouser's pocket; I took hold of that hand, and searched his right-hand pocket - while doing so, he threw with his left-hand some pieces of silver over my shoulder; I think seven or eight pieces - I aprang my rattle, and he was taken to the station; I found 2s. 3d. in his right-hand pocket - I returned to the spot with a light, but only found a shilling; the snow had fallen in the meantime - the prisoner gave me his direction at No. 3, Salmon-lane; I went there, and found five Nos. 3, but he did not live there.
Prisoner. The prosecutor gave me the money - he counted it into my hand under the lamp, and told me to go and get a lodging and a woman for him.
Prisoner. You did, as I am a living man.
COURT. Q. Are you sure you did not? A. Yes, and I am sure the person who took my money struck at my hat.
Prisoner's Defence. I worked at Mr. Richardson's dock-yard; I drew 2s. that night, and 2s. I had in my pocket; I fell in with this man - he asked me to go and have supper - he took me to a cook shop, and called for two 4d. plates of meat and a pot of beer; when we went out he gave me 5s. and three sixpences into my hand - he told me to go and get a lodging and a woman for him.
GUILTY . Aged 23. - Transported for Life .
ANN BURTON . I am the wife of Martin Charles Burton - he is in partnership with John Burton; they keep a broker's shop in Brownlow-street, Holborn . On the 13th of December I was at home in my kitchen, about two o'clock in the afternoon - I heard a noise in the shop; I came up stairs, ran to the door, and saw the prisoner on the opposite side with this rosewood work table - I looked out, but saw no other person; I followed, and caused him to be stopped - he was brought to our house, and then taken to the watch-house; this is the table - it is worth 4l. 10s.; he begged pardon, and said he was going to take it to a friend in the inn.
Prisoner. It was the impulse of the most unfortunate moment of my life.
The prisoner received an excellent character.
GUILTY. Aged 58.
Recommended to Mercy by the Prosecutor and Jury, believing it to be his first offence .
Confined Seven Days .
BRIDGET MULRANEL . I am the wife of John Mulranel - he is in the first battalion of guards ; we live in Gray's-buildings . On the 21st of December I saw the prisoner in Oxford-street - she asked how I was and after my husband, and then asked about Mrs. Young; I said she lodged with me - she then went to my house, and breakfasted with Mrs. Young and me; before breakfast I took off my shoes, and put them by the side of the bed - the prisoner went up by the bed-side, and said she was making very free; when she was gone I missed my shoes, and found them again at the pawnbroker's - he told me to go and get 3s., and I should have them; I did so.
WILLIAM GOFTON . I am a pawnbroker, and live at No. 12, Gilbert-street, Hanover-square. On the 21st of December the prisoner pawned the pair of shoes for 3s., which the prosecutrix came and claimed - I had known the prisoner for four years before.
GUILTY . Aged 21. - Transported for Seven Years .
EBENEZER SPENCER. I live in Catherine-street, Commercial-road , and am a willow-manufacturer - the prisoner came into my employ on the 7th of December; I was to pay him 1s. 6d. a dozen for what he did. On the 10th of December I took some money out of the bureau in my parlour, and left in it, one sovereign, four half-crowns, seven shillings, one sixpence, and four penny-pieces; I locked the room door, but cannot be positive whether I locked the bureau - I left the key in the room door on the outside - the prisoner worked in the adjoining room; I then had occasion to go to my work-shop - I returned in five or six minutes; I saw the parlour door ajar - I went into the back room where the prisoner had been working, and he was gone; I went to the bureau, and all the money was gone but the four penny-pieces - the parlour door opens into the passage; the prisoner did not return to work, but I found him eight days afterwards at the sign of the Virginia Planter, near Hackney-road - there were 3s. due to him when he left me; he was dressed much better than while he was with me - there was one man at work in my shop, and one man and a lad at work in my kitchen; no one could have got into the parlour but the prisoner; the street door was on the single lock, with the key inside - I have not found any of my money.
Prisoner. When they were in the shop their door was shut, and the passage door was shut - there was a man and a boy in the passage, and nothing to prevent their coming up as well as I. Witness. No, there was not any thing to prevent them, but we should have heard them, as they must have opened a door, which makes a noise.
Prisoner's Defence. When I first went to the prosecutor's he agreed for me to go on the Tuesday; I had before been sweeping the roads for 1s. a day - the prosecutor went, bought a loom, and got me to put it up, that took Tuesday and Wednesday; I then said the harness would not do, and my mistress gave me 3s. 6d. to buy one; I went, and bought it - I saw a bill that there was a public-house boy wanted, and went to inquire about it, with the harness under my arm; I took the harness home, then went, and took the place at the public-house - I was there till they took me.
EBENEZER SEPNCER. He had taken a place at the Virginia Planter; he had had the money from my wife to get the harness, and he brought it home - I had lent him a coat while he was with me, as he was so distressed - he told me he could do from seven to nine dozens of willow a week, at 1s. 6d. a dozen, and out of that he would have to pay 2s.
GUILTY . Aged 20. - Transported for Seven Years .
Fifth Middlesex Jury, before Mr. Sergeant Arabin.
302. DANIEL DAVIS was indicted for stealing, on the 10th of December , 10 ozs. weight of tobacco, value 2s.; 2 ozs. weight of snuff, value 5d., and 3 sheets of paper, value 1d., the goods of Alfred Ceal , his master .
ALFRED CEAL . I am a tobacconist , and live in Whitechapel-road ; the prisoner was about six weeks in my service, in the manufactory. On the 10th of December, when he was about to leave, I searched him, and found 3 ozs. of tobacco loose in his pocket, and about half an ounce in a box, which had just been given him by my shopman as his usual allowance; this is the tobacco, I believe it to be mine - he said he had never robbed me; I sent for an officer, who went with him to his lodging, and brought me back a quantity of snuff and tobacco, which I believe to be mine - here are 14 ozs. or 15 ozs., and part of it is not in a finished state.
Prisoner. I came to him on the 6th of September, and there was an allowance of tobacco for us every night, which I have not used; that bit of snuff is what I had from my former place.
SAMUEL PRENDERGRASS . I took the prisoner, and went with him to his lodging; in searching a cupboard I found about half a pound of tobacco in a tea-pot, also another parcel of tobacco and two parcels of snuff in the same cupboard.
The prisoner put in a written Defence, stating that he had been persuaded by the other men to commit the offence - he received a good character.
GUILTY. Aged 53.
Recommended to Mercy by the Jury .
Confined Seven Days .
303. GEORGE BANKS was indicted for stealing, on the 17th of December , 46 lbs. weight of rope, value 10s., the goods of George Lightfoot , the same being on board a vessel in the navigable river Thames .
SAMUEL CROMARTY . I am an officer of the Thames Police. On the 17th of December, about half-past seven o'clock, I was in my own boat, between Deptford and Limehouse; I saw a boat alongside of a barge - I rowed towards it, and saw the prisoner in the barge; I looked over, and saw this rope in the barge - I asked the prisoner what he was doing; he made no answer - I said I must take him into custody, and asked what he did with that boat there; he said, "Let me go on shore, and I will put her in a place of safety," but I would not allow him; I stepped into my boat, and he into the other, and rowed together for some distance - I said, "How came you to take the poor man's boat away?" he said, "Don't you know me? my name is Bill Jones, and I belong to the Towerstairs;" I said, "No, you are no waterman;" I got him on shore at the Dog and Duck - he sat down; I called for assistance, and put him into a place of safety; I took the boat and the property to the office, returned, and got him: when I first saw him he was about a mile from the Ocean, to which the rope belongs.
PETER SKEE . I am a mariner on board the Ocean - she was in Ratcliff-cross tier . This rope belongs to Captain George Lightfoot , who had the full charge of the vessel; I saw the rope safe over the long boat's bow on the 16th, when we went to bed - I know nothing of the prisoner.
GEORGE LIGHTFOOT. I am master of the vessel . This is my rope.
GUILTY . Aged 33. - Transported for Fourteen Years .
SARAH EVANS . I am the wife of David Evans - we live in Grosvenor-street, Westminster . On the 29th of December the prisoner took a bed-room of us, on the ground floor; he said he had a house at Clapham - that his wife was a laundress, and he should want the room till April, as he had to go home every night, and return every morning; he came the same night, and went to bed about ten o'clock - at five o'clock in the morning I was awoke by the noise of a trunk drawn from under the prisoner's bed; I awoke my husband, and told him to get up and take the key out of the street door, which he did - my husband then went to sleep again, but in a short time I heard the prisoner go along the passage, and open the door; I got up, and found him at the door - he had neither coat, hat, nor shoes on; I asked what he was going to do - he
Prisoner's Defence. I dropped my handkerchief, and drew the trunk out to get it; the trunk was just open - I never saw the things; it was very dark - the door was locked, and I opened it to see the time.
GUILTY . Aged 50. - Transported for Seven Years .
JOHN BISHOP . I am a dairyman , and live in Oxford-street . The prisonor was a milk-carrier - it was her duty to receive money on my account, and to account for it every evening; the Sunday account is settled on the Monday night - I keep a book, and call over the names of every customer regularly.
GEORGE WILTSHIRE . I live in Oxford-street. On the 20th of December I paid the prisoner 2s. for her master - she did not give any receipt, as we paid every night but Sunday; on the 21st of December I paid her 1s., and on the 22nd of December 1s.; it was paid every evening, between six and eight o'clock.
JOHN BISHOP . On the 20th of December I went regularly through the names of my customers, and among the rest Mr. Wiltshire; the prisoner said he had not paid- I said, "Are you sure of that?" she said Yes; I asked on the 21st if he had paid - she said No: I asked her again on the 22nd, and she said he had not; this roused my suspicion, and I sent to Mr. Wiltshire - she has been in my employ about six months, and I had had her about two years before.
The prisoner received a good character.
GUILTY. Aged 16.
Recommended to Mercy . - Confined Six Weeks .
WILLIAM GOODWIN . I am a baker , and live in New Church-street . On the 7th of December I missed my watch out of my bake-house - Brown was there to do odd jobs , but Cox was not; I suspected Brown - I sent for an officer, and he was taken.
STANHOPE HARMFELD . I am an ivory-turner. I went with the officer to the prosecutor's house that morning -I waited outside, and saw Brown sitting behind the counter: he had been sent for there by Mr. Goodwin, to compromise this matter: I went with Brown to the watch-house, and Mr. Goodwin said if he would tell him what he had done with the watch he would not hurt him.
WILLIAM HAYNES . I keep a beer-shop in Oxford-buildings. One evening about a month ago, Cox came and said he had had no victuals all day, and if I would lend him a shilling he would leave me the duplicate of a watch, and the day following he would return the shilling and take the duplicate - the officer came with the prosecutor, and I gave it up to him.
Cross-examined by MR. HEATON. Q. Had you said any thing to induce him to tell you? A. I told him he was my prisoner, and we went down to the office - he said a baker had pawned it.
NOT GUILTY .
307. ELLEN ANDERSON and MARY SMITH were indicted for stealing, on the 10th of December , 1 bonnet, value 3s.; 1 pair of shoes, value 1s.; 1 cap, value 6d., and 1 necklace, value 6d., the goods of Henrietta Hardy ; 1 iron, value 10d., and 1 comb, value 2d., the goods of Daniel Scott .
SARAH SCOTT . I am the wife of Daniel Scott - he is a labourer in the East India-docks ; I am a laundress - we live near the Commercial-road : Anderson was my apprentice for three years. On the 17th of December I missed a cap belonging to Henrietta Hardy , who is a servant out of place , and was staying at my house - I looked about, and missed a pair of shoes, a pair of stockings, a shift, a petticoat, a pair of stays, and some other articles, belonging to Hardy, and some things of my own- those which are stated in the indictment are only what are found; when Anderson was taken this bonnet was found on her head - this cap was on Mary Smith , and this comb in her hair.
PETER COSTELLO . I received information that Anderson had robbed her mistress; I took her with this bonnet on her head - I found this flat-iron at a pawnbroker's shop in Rosemary-lane; Anderson said Smith had taken the property, which has not been found, to different places, and then had taken her to a lodging.
JOSEPH JONES . I am a chandler. I know Smith - she brought these beads to my house, said she was without victuals, and asked me to let her have 1lb. of bread, and 1d. worth of cheese for them, which I did.
JAMES MORGAN . I am a Policeman. When the prisoners were brought to the station, I took the charge - I asked Anderson what she had to say for herself; she said she stole the things, and had given them to Smith - Smith said she had tried to pawn them, but could not, and she had given them to another female, who had not returned; she said Anderson told her they were stolen.
Smith. I said she did not tell me that. Witness. -
HENRIETTA HARDY. These are my shoes, cap, and bonnet.
Anderson put in a written Defence, stating that she had taken the things, being destitute of victuals and clothing.
SARAH SCOTT. She never wanted for food while with me.
ANDERSON - GUILTY. Aged 16.
Judgment Respited .
SMITH - NOT GUILTY .
SCIPIO ROBINSON . I am the son of Scipio Robinson, a butcher , who lives in High-street, Shadwell . On the 18th of December I saw the prisoner take a shoulder of mutton from the window; he went away with it, but was taken directly.
ROBERT BASSETT . I am an officer. I was on duty on the evening of the 18th of December, and saw the prisoner running away; I followed him, and when I came up to him I said, "Come, young man, you must come back with me;" he said, "For God's sake, let me go - it is the first thing I ever did;" this is the mutton which he had; I found only one penny and one farthing on him.
Prisoner. I have a wife and four children in the greatest distress.
GUILTY. Aged 36.
Recommended to Mercy . - Fined 1s. and Discharged.
309. EDWARD BENNET was indicted for stealing, on the 6th of October , 6 printed books, value 1l. 5s., the goods of Samuel Steward ; and 5 printed books, value 1l., the goods of Richard Wilson and others .
SAMUEL STEWARD . I am a solicitor, in partnership with Richard Wilson and Alfred Bell - we live in Lincoln's Inn-fields . Part of these books are my own private property, and part belong to the firm; I missed my books the latter end of October, and saw them again at Worship-street - the prisoner had been about a year in our office, as a clerk , and I believe he left us in October.
WILLIAM JOHN LONGER . I am in the service of a pawnbroker. I have three books, two of which have been claimed by the witness, and one I believe belongs to the prisoner - I took in two of them, of the prisoner, on the 6th of October.
GUILTY . Aged 19.
RICHARD BURTON. I am a weaver. Mr. Jones' shop is at the corner of Booth-street, Spitalfields ; I saw the prisoner passing his window on the 21st of December - he snatched a gown off the door-post, and walked away; I followed him - he turned, saw me, and then ran - I followed, and cried Stop thief! he turned a corner, and was taken by the Policeman; I was close at his heels - he threw the gown down.
Prisoner. It was distress caused me to do it.
MR. STEWARD. His friends tell me he had been in great distress - he has applied for parish relief, but, being a young man he was refused; he left our office for a trifling offence of 3s.; his father has been a respectable solicitor, and says he hopes he shall be able to do something for him.
GUILTY. Aged 19.
Recommended to Mercy by the Jury, believing he did it through distress.
Judgment Respited .
HENRY NEWMAN . I am in the employ of William Goodburn , a pawnbroker , at Islington . On the 22nd of December, I saw the prisoner and another lad at his window; I told the young man of it, and directly saw the prisoner take this shawl down; the young man went, and took him - I got over the counter, and saw the shawl by his side - this is it.
Cross-examined by MR. PHILLIPS. Q. Was it inside the door? A. Yes - I had hung it up myself; no one could take it without putting their hand round a corner - they could take it without going into the shop.
Prisoner. A young man took it down, and the witness came and punched me. Witness. I gave him a thump of the head, and was going to let him go - my master had told me to do so with any of these petty things.
GUILTY . Aged 15. - Transported for Seven Years .
WILLIAM IRONS . I was sent out with a load of goods from Mr. Thomas Brown's warehouse, on the 24th of December - he is a cheesemonger . I left the cart while I went into a house in the Hampstead-road , with two sides of bacon and two tubs of butter - I was not absent above a minute and a half, and while I was in the shop I saw the prisoner take something from the cart; I ran out, and saw him with the cheese; I said "Drop it;" he dropped it, and ran - I ran and took him: this is the cheese - it was going to a person named Oliver, whose name is on it.
Prisoner's Defence. There was a man standing singing, and the cart was close by - I heard some one call out"Drop it," and I saw a man drop something; I went and saw it was this cheese - the witness then came and caught me.
GUILTY . Aged 38. - Transported for Seven Years .
ROBERT WILSON . I am the son of Matthew Wilson. This copper was taken out of the back kitchen of the house we live in, about seven o'clock in the evening of the 28th of December - it had been fixed in the brick work; I had been in the shop at work, and had occasion to go into the kitchen - I met the prisoner on the stairs; I asked who was there - he said, "Me;" he was a stranger, and I took hold of him - he said he had been to take a person who was intoxicated, down into the kitchen; I did not believe him, and I tapped at the kitchen window - the prisoner immediately ran off, and I pursued him to Berwick-street; he ran down Tyler's-court - I called Stop thief! I pursued him to Oxford-street, and there took him; he bit my hand and tried to kick me - a young man came to my assistance, and I got him to Wardour-street, and there gave him to the Policeman; the copper was taken from the brickwork, put at the kitchen door, and six articles had been removed off it - I had been standing about a minute with the door in my hand, as I heard a footstep; he heard that I suppose and put it down - I had taken my hat off the copper ten minutes before.
Cross-examined by MR. PHILLIPS. Q. Had you left the door open? A. There is a private door - I cannot tell whether that was open or not, and then there is a door at the top of the kitchen stairs; we have no servants - the prisoner was sober enough to know what he was doing; he pretended to be tipsy afterwards, but not when I seized him.
Cross-examined. Q. Did he appear tipsy? A. He was perfectly sober, but when I had had him ten minutes be began to stagger, and said, "People when they are drunk, do many things they would not do when sober;" this is the copper - it fits the place exactly.
Prisoner's Defence. I was quite tipsy - my mother lives next door, and I went to the wrong house.
GUILTY . Aged 26. - Transported for Seven Years .
MARGARET CROUT . I am the wife of Thomas Crout - he lives in Ivy-street, New Hoxton , and is a gas-fitter . The prisoner came on the 23rd of December, and brought an order; I let him have a dozen and a half of cocks for Mr. Barlow - they were my husband's; I let the prisoner have them to take to Mr. Barlow - I did not sell them; he said Mr. Barlow wanted them to oblige a customer - my husband was to have them again.
CHARLES CHAMBERS. I am an officer. I took the prisoner on the 30th of December.
WILLIAM DRURY . I am a shoemaker. On the 27th of December, the prisoner came to me and had a pair of boots- he had no money, but he said he would leave these cocks for an hour; the Policeman came afterwards, and had them.
Prisoner's Defence. Mrs. Crout let me have fourteen cocks, which I took away, and I said I had four not finished at the factory - Mr. Barlow's was then shut up, and I kept them till Monday, when I went and got the books and left these cocks, meaning to get them back and take them; I had some castings which would require three days to finish - these cocks would be of no use without the castings, and I should have got them and taken them with them.
WILLIAM DAKIN. He had some castings to finish - I do not know how long they would take.
NOT GUILTY .
JOHN NOKES . I am a Police-officer. On the 24th of December, I met the prisoner in Charlotte-street, three of four hundred yards from the prosecutor's, between eleven and twelve o'clock at night - he had the turkey by his left side; I asked what he had there - he would not tell me; I took hold of him - he got from me, ran up the street, and into a house - I caught him by the tail of his coat, pulled him out, and took him to the watch-house; I found on him this rope, which is used to let themselves down into areas with.
ELIZABETH GARLAND . I am servant to Mr. George Jackson . I saw the turkey and knew it was my master's- it had been in his area at Islington ; it had a string round it, which I had put - I missed it on the Saturday morning; there is no door to the area.
Prisoner's Defence. I was going home, and saw the turkey lay down - I took it up.
GUILTY . Aged 18. - Transported for Seven Years .
OLD COURT. FRIDAY, JANUARY 7.
Second Middlesex Jury, before Mr. Sergeant Arabin.
WILLIAM MARSHALL. I live in Brick-lane, Spitalfields , and am a brush-maker - the prisoner was in my employ, and worked on my premises. I suspected him, and desired the officer to watch, and on the 18th of December, about six o'clock, as he was leaving work, he brought him into my shop, and four bundles of bristles were found on him; he had no right to take any thing off my premises -I had missed property several times.
WILLIAM WHEATLEY . I am a Policeman. I saw the prisoner come out of the prosecutor's premises, and immediately took him - I asked what he had in his hat; he said Nothing - I took it off, and there was nothing; I took him into the shop, and found the bristles inside his trousers.(Property produced and sworn to.)
GUILTY . Aged 50. - Confined Three Months .
JAMES PREECE . I am a servant out of place . I lived last in Herefordshire - I had been in town about a month, and met the prisoner on the 16th of December, in George-street, Westminster, and went with her to a room in New Tothill-street , about eight o'clock, and about half-past two in the morning I had occasion to go down stairs to the water-closet, and left my trousers on a chair by the bedside - I had two sovereigns, and 4s., 5s., or 6s. in my pocket, for I felt them there before I went down - there was no light in the room: I came up in two or three minutes, and missed my money from my pocket - I had felt the sovereigns in the pocket; as I came up stairs I met her coming down; she used ill language to me, and desired me to go out of the room, or she would kick me out, or send for somebody who would put me out - I begged of her to be civil, and I would go; I put my clothes on, went down, and stood at the door till the Policeman came up I told him; he made them open the door, and he got the money.
MICHAEL HAWKINS . I am a Policeman. I was on duty about half-past two o'clock; the prosecutor told me he had been robbed of a sovereign - I went to the house; he said he had two sovereigns, and one was left; I went up to the prisoner, and asked if she knew any thing of the money - she said No; I was going to take her to the watch-house - she asked leave to go down stairs to borrow a sovereign, which she said she would give him sooner than go; she asked an old woman to lend her a sovereign - she said she had not got one, but would give her one about six o'clock in the morning; she then spoke to the old woman in Irish, and told her the money was under the mat, and to get it; (I am an Irishman) - she said if she was allowed to go out she would make it all right; I let her go with the woman - they tried to lock me in, but I pulled the door open, and there was she and the woman picking up the money from the mat; there was a sovereign, four shillings, and 6 1/2d.
Prisoner's Defence. I was in a very great passion - I went up stairs, and asked what he was doing; I was in liquor, and if I abused him I do not know it.
GUILTY . Aged 24. - Transported for Seven Years .
THOMAS PENNINGTON. I am a veterinary surgeon . On Saturday morning, the 1st of January, I missed these things from my stable, in Little Northampton-street, St. John-street ; I had seen them at six o'clock the evening before; I found my stable broken open, and found the property at Bow-street - I have seen the prisoner about my place.
JAMES DAVIS . I keep a cab. On Saturday morning, about two o'clock, I was near the top of Holborn-hill -I was called out of the watering-house, and saw the prisoner standing by my cab - he asked if I was engaged; I said I was going home - he said he had been looking for a cab for half an hour; I asked where he wanted to go - he said he wanted to take a few things from his stable to his lodgings; he had got a dog and a whip with him - I went with him across Smithfield, down St. John-street, and Compton-street, and stopped by Parcival-street - he told me to wait there; he returned to me in about five minutes with the property - I saw the saddles but not the bridles; I drove him to White Hart-yard, Drury-lane - he got out, and knocked at, I think, No. 2; he told me it was his lodging - a Policeman came up, examined the property, and he was taken into custody.
Cross-examined by MR. CHURCHILL. Q. What became of you? A. I was taken to the watch-house, but not detained more than a quarter of an hour - the property was all tied up together, and I could not see the bridles.
WILLIAM TELLING . I am a Policeman. I was on duty in White Hart-yard, and saw Thorn with the cab - I saw the prisoner get out, with a dog; he threw the apron of the cab over; I said, "What have you here?" he said, "Harness;" I questioned him - he said it was his own, that he lived at No. 2, and his name was Green; I said, "Your name is not Green, I know who lives here;" he said he did live there - I took him to the watch-house; there were three bridles, three saddles, and a chaise whip.
Cross-examined. Q. Did you not take the cab driver? A. Only to take the property - no charge was made against him; I asked where he first took the prisoner up - he said,"Over the water, on this side the Elephant and Castle;" I asked the prisoner where he brought the harness from, and he said, the Elephant and Castle.
MR. CHURCHILL to THOMAS PENNINGTON. Q. Have you any other Christian name? A. My name is Thomas Charles.
MR. CHURCHILL. Q. How long is it since you signed your name as Thomas Charles? A. I cannot say - I generally write my receipts Thomas only; I will not swear I have not written the name Thomas Charles within the last twelve months - I am not so well known by that name as Thomas only.
GUILTY . Aged 25. - Transported for Seven Years .
Before Lord Chief Baron Alexander.
319. JOHN CARROLL was indicted for feloniously assaulting Joseph Andrews , and stealing from his person and against his will, 1 handkerchief, value 1s.; 1 worsted cap, value 6d., and 5 shillings, his property .
MR. PHILLIPS conducted the prosecution.
JOSEPH ANDREWS . I am a labourer , and live at East Moulsey. On the 11th of December , about nine o'clock in the evening, I was at the Toy, at Hampton Court - I called for a pint of beer; the prisoner came in, and said,"Joe, how are you to-night?" he knew me before - I gave him my pot to drink, and he said if I would go out of doors he would sell me a loaf of bread for 6d.; I had just received 12s. as my week's pay - I paid for my beer in his presence; he saw me put 5s. into my cap - he sat on one side of the table and I on the other; I had a sample bag, and put the 5s. into that bag, which I put into my cap with my handkerchief; he saw me do that - I went out with him; he said, as soon as the trumpet sounded he should be at leisure and would fetch the loaf- we went as far as Frog-walk ; he there snatched the cap from my head, with the handkerchief and money in it, without my leave, and ran off immediately, and as he
Prisoner. Q. Did you not buy a cap of me in the taproom? A. Yes - I gave him 6d. for it.
JOSEPH GUNNER . I wait at the Toy tap, at Hampton Court. On the 11th of December I saw the prisoner and prosecutor together - I saw Andrews take his cap off, and pull his money out to pay for the beer; he then put his money into the cap again, put it into a sample bag, then wrapped it in a silk handkerchief, and put it into the cap on his head; they took some beer, and then went out together - the prosecutor came back in a quarter of an hour, and said he had been robbed; he had no cap on then.
HENRY PALMER . I am a corporal in the 9th Lancers, which the prisoner belongs to. In consequence of information, on the 9th of December, at ten o'clock, I went to the part of the barracks which he ought to have been in, and he was absent - he returned drunk at half past one in the morning, and was lodged in the guard-room by the serjeant.
Prisoner. Q. Was I in the barracks at nine o'clock? A. I cannot say - he was reported as present, but absented himself afterwards; the Toy is about a quarter of a mile from the barracks - if he was present at nine it was his duty to remain all night; I produce a handkerchief which he left in the barracks.
WILLIAM LINLEY . I am a private in the 9th Lancers. On the 12th of December, between one and two o'clock in the morning, the prisoner came to the barracks drunk- he called for a light, which was brought; I saw him take a handkerchief out of his breast - he said he would see what money he had; I saw him with about 2s. 4d. - he concealed it somewhere in the bed, and threw the handkerchief on the bed; he went to bed, and about four o'clock a serjeant and file of guards came in and awoke him - they took him to the guard-house; the handkerchief was left in the room - the corporal has it.
Prisoner. Q. Did you see what money I had with me? A. I did - only 1s. 3d. was found in the morning; he answered to his name at the barracks at nine o'clock, and went out afterwards.
Cross-examined. Q. Are you sure that is the handkerchief he threw on the bed? A. Yes.
JOSEPH ANDREWS. There is a seam across the handkerchief, where it had been torn; this is the handkerchief in which I wrapped my bag and money.
JURY. Q. How long had you been acquainted with the prisoner? A. For some weeks; I paid some money which I had borrowed - I put this money into the bag, the bag into my cap, and the handkerchief on it.
JOSEPH GUNNER. I am certain the prisoner is the man who was in the room.
Prisoner's Defence. This man says he has known me some weeks - I had not been at Hampton Court above ten or twelve days, and came from Hounslow; I wrote for two witnesses who were at the public-house, but they are not come; I went in there, and asked the pot-boy if he wanted to buy a cap - he said No, but sent the prosecutor to me: I sold it to him for 8d. - he afterwards came, and asked if I had any brown Tommy (bread) to sell; I said No - I went out; he followed, and fell down the steps of the house - I took him up, went home with my two comrades, and answered to my name at the barracks; next morning he came, and picked me out from the other two men, who were in the guard-room; where he says I robbed him, it is not above a dozen yards from the sentry at the gate, and he never heard him.
GUILTY of stealing from the person only . Aged 26.
Transported for Life .
Before Mr. Justice Gaselee.
WILLIAM BAILDON. I am a picture-dealer , and live in Hampstead-place, Kentish-town . On Sunday morning, the 26th of December, I missed a copper from my cellar; I had seen it the night before; the prisoner, I am sorry to say, is my son - I caused him to be apprehended.
JAMES EAST . I am a Policeman. I apprehended the prisoner on Sunday morning, the 26th of December, about half-past twelve o'clock, sliding; I took him to the station-house; he said on the road, that if his father pressed the charge he should be done - he knew what I took him for, though I did not tell him.
JAMES DAWKINS . I am a Policeman. I was at the station when the prisoner was brought there; I asked how he came to rob his father, but did not threaten or promise him at all - he said his father would give him nothing, and he was obliged to do it; I asked what he got for the copper - he told me he had not sold it, but hid it in an empty house next to his father's; I went with his father, and found it there.
Prisoner. I did it from want - I had not had a bit of victuals for two days.
GUILTY . Aged 22. - Transported for Seven Years . The prosecutor stated he had used every exertion to reclaim his son, who had very bad connexions, and that his house was always open to him.
Before Lord Chief Baron Alexander.
WILLIAM PHILIP DAMMERHAM . I am a carpenter , and live at No. 7, Monmouth-court, Seven Dials. On the 22nd of December, between four and five o'clock I went out; my wife came to me - I went home, and saw a man there who had come about some boxes; he was standing at the door - I told him the price; he said he could make them much cheaper himself - he went away; I saw something under his coat, and followed him - I saw him join
Cross-examined by MR. CLARKSON. Q. When did you mark the paper? A. They were marked, "6d. fine clasps;" they are marked at the shop - I have others at home marked the same way, but I marked them myself with the letters P D, in pencil, after the robbery; I am certain they are mine - I have more to compare with them; I first saw the prisoner at the top of Monmouth-court , forty or fifty yards from the shop - my shop cannot be seen from the corner of the court; he was waiting there with another, and was immediately joined by the man - I can swear he was forty feet from the shop; I believed him to be waiting for the man while he was in my house - he was about fifteen feet from the corner of the court; he went away directly the other man came up to him, but did not run; I saw them all three together for about half a minute before they saw me - I first saw the prisoner about fifteen feet from the end of the court; I was close behind the thief - he went up to the two, and they began to walk; I believe they were altogether, the two waiting for the other while he went into the house.
MARY DAMMERHAM . I am the wife of the prosecutor. On the 22nd of December, between four and five o'clock, a man came to me, and from what he said I went for my husband, leaving the man in the shop, close to the door - I had seen the parcel of nails two minutes before; another parcel was taken; the man went away - my husband followed him; his coat seemed bulky as I saw him go up the court.
Cross-examined. Q. Do you know where the prosecutor lives? A. Yes - it is in the court which comes into Little Earl-street; he lives about the middle of the court, about twenty yards from the end of it - I first saw him about one hundred yards from the court, but I did not come up till he had taken the nails from him; he wanted to get from me.
Prisoner's Defence. I met a man who worked for me at Newbury - that is all I know.
NOT GUILTY .
Before Mr. Justice Gaselee.
THOMAS RICKWOOD . I am shopman to Robert Armstrong , of Gray's Inn-lane , oilman . On the 20th of December, about half-past six o'clock in the evening, I saw the prisoner come into our shop, about two yards - he stooped down, took a brush which lay at the side of the door, and ran away; I was attending to a customer at the other end of the shop - I ran after him about two hundred yards; he then fell down, and was taken - I had seen him drop the brush, and never lost sight of him; a person picked it up, and gave it to me - the prisoner got up, and ran again; two persons secured, and brought him back - he begged of me to let him go on account of his poverty; I have inquired, and believe he was in distress.
Prisoner's Defence. Distress and poverty brought me to it - my children were going to bed supperless.
GUILTY . Aged 40. - Confined Ten Days .
Before Lord Chief Baron Alexander.
TIMOTHY BRIEN. I live at Mr. Mullen's, Shoreditch. The prisoner and I slept in the same room, but not in one bed; my box was in the room - I went to dine with my cousin on Christmas-day: I saw my box safe between twelve and one o'clock the night before, but did not notice it in the morning - I know it was locked; I came back between four and five in the afternoon, found it broken open, and three half-sovereigns and a half-crown taken out - I had seen them safe on Christmas-eve; I received information, and went to the Bishop Blaze public-house, New Inn-yard, and met the prisoner there - I asked if he had my money; he said No, and I gave him in charge of Barrow - a half-crown and a farthing were found in his pocket; I think this was about nine or ten o'clock at night.
MARY MULLENS . I keep the house No. 6, Bolt-court, Shoreditch . The prisoner and prosecutor lodged in the same room - my son and Shehan slept in the same room; they slept together the night before Christmas-day - Brien went to dine with his cousin, before one o'clock, which was my dinner time, and left nobody in the room except the prisoner, who came down and asked me for a needle and thread to mend his breeches, which I gave him, and he went up; I went up, and he was putting a button on his breeches - I went up again in half an hour, and the door was shut; he opened it to me - he went out about three o'clock; I saw nothing of the box.
JOHN SAMES . I keep the Two Brewers, Shoreditch. The prisoner came there between four and five o'clock on Christmas-day, for a quartern of gin, he paid for it in halfpence, then asked for change of half a sovereign, which I gave him; he then asked for change for another half-sovereign, which I gave him - he went away; another man was with him - I think I gave him six half-crowns.
RICHARD PALMER . I was at the Bishop Blaze on Christmas-day. between four and five o'clock; the prisoner came in, and gave Croft, the landlady, half a sovereign and 16s. in silver, and asked her to take care of them for him; he had other money with him - the man, who was with him said, "You have given her 28s.;" she said, "No, you have not; and as you doubt me, I will not
THOMAS CROFT . I keep the Bishop Blaze. The prisoner came in about nine o'clock, and asked my wife to take care of some money; I was present - she said, "How much have you got now?" he said 15s., and put six half-crowns into her hand - he said he had lost the half-sovereign; my wife gave the Policeman the six half-crowns, as he came in immediately with the prosecutor, and accused him of the robbery.
WILLIAM BARROW . I am a Policeman. I took the prisoner, about a quarter to ten o'clock, at the Bishop Blaze - the prosecutor had come to me and described him; I found half a crown and a farthing in his possession - Mrs. Croft came and delivered to me five good half-crowns and a bad one; the prisoner immediately said that was money he had worked hard for, and had received it from his master the night before - next morning I found where he had changed two half-sovereigns; I found the nails wrenched through the head of the box - it was opened by violence.
Prisoner's Defence. I saved the money up five or six months back - I got drunk, and spent some.
GUILTY . Aged 34. - Transported for Seven Years .
Before Mr. Justice Gaselee.
THOMAS ROBERTS . I am a clerk to Tolkein and Co., furriers, Cheapside. On the 31st of December I packed up a parcel, directed to Burton, Bishop Stortford - it contained three for tippets, a collar, and a yard of fur; I gave it to Jones, the porter, to take to the Kent and Essex inn. Whitechapel , to go by Millbank's waggon.
BENJAMIN DENTON . I am a book-keeper at the Kent and Essex inn. I received a parcel from the prosecutor- I did not know their porter; the book expressed that it came from Tolkein and Co., to go by Millbank's waggon - I delivered it to the waggoner about ten minutes before the waggon left the yard; I saw it put on the waggon, and in about twenty minutes it was brought into our counting-house by a Policeman and waggoner - it was the same parcel, and had not been opened.
WILLIAM THOMPSON . I am a Policeman. On the 31st of December, between seven and eight o'clock in the morning, I was on duty in Whitechapel, saw two waggons standing outside the inn, and on my return I saw another waggon - I was about a hundred yards off, and saw a man on the waggon which stood still; I ran up, seeing another man standing on the other side, as if ready to receive any thing - I saw the man on the waggon hand this parcel to the prisoner, who ran off with it; I ran, caught him with one hand, and the parcel in the other - I took him to the station, and he told the inspector he had picked it up; there was a heavy fall of snow, and the street was ancle deep in mud, but the parcel was quite clean; I saw him receive it from the other man - I knew the prisoner by seeing him constantly about Whitechapel with a gang of thieves.
Prisoner. Q. Was not I crossing the road? A. You were running across with the parcel.(Property produced and sworn to.)
Prisoner's Defence. I was crossing Whitechapel - a lad ran towards me and threw the parcel down at my feet, but I know nothing of it.
GUILTY . Aged 18. - Transported for Seven Years .
Before Lord Chief Baron Alexander.
MARY ANN LOTTON . I am servant to Mrs. Henrietta Hornidge, of No. 2, Egremont-place, New-road . On the 3rd of January, at half-past five o'clock, I was called up by the Policeman - I found the prisoner at the watch-house, with these articles, which I had seen safe at nine the night before; the bread was marked "Oxgate-farm;" they had been in the safe in the area - I am sure they were the same.
EDWARD LAMBERT . I am a Policeman. About half-past five o'clock in the morning of the 3rd of January, I was coming down my beat in the New-road, and saw a man standing at the gate of No. 2, Egremont-place; as soon as he saw me he crossed the road - I immediately went up to the house, looked down the area, and saw a bag; I took my lamp, looked into the area, and the prisoner was standing under the step of the front door; I sprung my rattle, and Goodyear came to my assistance - he got down the area, gave me up the bag, and assisted the prisoner up, for there are no steps to the area; the bag contained bread, beef, and butter, which the servant saw and claimed - the safe in the area was emptied; the prisoner said at the watch-house that a person with a frock on had thrown his hat down the area, but it is about eighteen yards from the road.
THOMAS GOODYEAR . I am a Policeman. I was summoned by a rattle, and found Lambert at the area - the prisoner was under the steps; I looked in his face, and knew him very well - I went down, and got him up; the bag laid in the area.
The prisoner put in a written Defence, expressing his contrition for the offence.
GUILTY . Aged 15.
Confined Three Months , and Whipped .
Before Mr. Justice Gaselee.Mary-street, New-road . On the 4th of January, between ten and eleven o'clock, I was in the back parlour, and heard a noise in the shop like shoes falling down - I turned, and saw a man going out of the shop: I ran after him, and saw the sole of a shoe or boot under his arm - I called Stop thief! and a young man stopped him; master then came up - the prisoner is the man; I never lost sight of him, except as he turned a corner - he had not the shoes when I came up.
JOHN HALL . I am a shoemaker. I was in my kitchen, and was called; I ran up, and the door was open - I had left it shut; I ran out, and at the bottom of Mary-place, which is not a thoroughfare, somebody had stopped the prisoner; a young man looked over a dead wall of a yard, and said, "There is a pair of shoes;" I held the prisoner, and sent a man to get them - they were afterwards brought to me; my wife received them first, in our shop; the prisoner said it was not him.
JOHN WINTER . I am a bricklayer, and live in Mary-place. The prisoner came down there with the shoes - there is a space beyond my house; I was taking down a ladder, and somebody told me a pair of shoes were thrown over the wall; I got over, took them up, and kept them till I delivered them to the prosecutor or his wife; my son stopped the prisoner - nobody could have thrown them there without coming down the court.
JOHN HALL. I have had the shoes ever since - I was before the Magistrate when the Policeman gave them to me; he is not here; my private-mark is on them.
SARAH OLDENBURGH . I never lost sight of the prisoner till he turned the corner - he went to the bottom of the court, and was coming back when the witness passed him - he was about two moments out of my sight; he must have thrown them over the wall after he turned the corner - that was out of my sight.
Prisoner's Defence. All that has been said is quite false - I went down there for a certain purpose, and as I came up the young man laid hold of me.
NOT GUILTY .
Before Mr. Justice Gaselee.
327. WILLIAM ROACH was indicted for stealing, on the 20th of December , 2 handkerchiefs, value 5s. , the goods of John Neate and John Thomas Neate ; and WILLIAM HENWRIGHT was indicted for feloniously receiving the same, well knowing them to have been stolen .
THOMAS FOLKES. I am an upholder, and live in Adam-street West, Edgware-road. On the 21st of December, I was in Duke-street, Manchester-square , about half-past two o'clock, and looking in at Messrs. Neate's window - Henwright came up to me, and said, "The handkerchiefs there are marked 5s. each;" I saw Roach looking in at the window - he was close against the window; Henwright came up to me about a yard from the window - he was looking at the handkerchiefs, and said they were marked 5s.; I said to him "Honesty is the best policy;" I suspected something, and went away - I stood at the corner of Somerset-street, and there watched them; I saw Roach take one handkerchief, and deliver it to Henwright, who wiped his nose with it, and put it into his bosom; Roach went to the window again - he stooped, and took another; I do not know what he did with that - he ran away first, and then Henwright followed; they ran down Calmell-buildings - one of Messrs. Neate's men came out; I told him which way they went - I went into Oxford-street, and saw them both in Orchard-street; I saw the coustable, and gave them in charge - the handkerchiefs hung inside the prosecutor's door; he took them from there - Henwright was standing not half a yard off when Roach took them; I followed him when he run away.
WILLIAM ADAMSON . I am an inspector of the Police. The prisoners were brought to the watch-house by two Policemen, on the 31st of December - they searched, but the handkerchiefs were not found by them; I searched them myself afterwards, and found one handkerchief in Roach's trousers, between his legs, and the other in Henwright's left boot; I have had them ever since.
CHARLES PRICE . I am shopman to John and John Thomas Neate , who are pawnbroker s. These handkerchiefs are theirs - I saw them hanging inside the shop door about a quarter of an hour before the alarm.
Roach. He said he had not lost any property. Witness. The prisoners were brought into the shop - I examined my stock, and could not tell whether any were missing, but when I saw them I identified them.
ROACH - GUILTY . Aged 17.
Confined Three Months .
HENWRIGHT - NOT GUILTY .
Before Lord Chief Baron Alexander.
WILLIAM REYNOLDS. I am a constable, and attend Sadler's Wells theatre . On the 27th of December, about half-past seven o'clock in the evening, I was there, and saw the prisoner in the box-lobby - I was desired to watch him, which I did, for three quarters of an hour, and distinctly saw him lift several gentlemen's pockets up, and put his hand into them; I saw Mr. Edginton there - I stood behind him - I saw the prisoner lean his left arm over his shoulder, put his right hand into his pocket, and draw the silk handkerchief out; he left the spot - I asked the prosecutor if he missed any thing; he felt, and missed nothing, but before I got down the box stairs he called out that he had lost his handkerchief - I followed the prisoner, and saw him fold these handkerchiefs up, and put them into his hat; I went up, took him into the lobby, took his hat off, and found a red and yellow handkerchief in his hat, and another in his coat pocket.
Cross-examined by MR. BODKIN. Q. Are you the officer of the theatre? A. I have been there seven years- I was not a yard from the prisoner when he took the handkerchief; I followed him to see what he was going to do - as soon as he took it, I tapped the prosecutor on the shoulder; the prisoner instantly went away - there were two ladies with the gentleman; he tried them first- the boxes were very full; they were obliged to stand with the doors open - the prisoner stood by the side of the gentleman with a bit of biscuit up to his mouth; I suppose he was pretending to eat it - he was the only person behind the prosecutor; the prosecutor said his
JOHN WILLIAM EDGINTON . On the 27th of December I was at Sadler's Wells theatre, and saw the prisoner standing behind me - the officer came and asked if I missed any thing; I put my hand against my pocket. and said not, but in a moment I put my hand inside and found my handkerchief was gone - I immediately called down the stairs after the officer, and saw him take it out of the prisoner's hat; I told him it was marked I W E before it was produced.
Cross-examined. Q. Were there a good many people about you at the theatre? A. Yes, but nobody was behind me but the prisoner - I never said there was no mark on the handkerchief.
Prisoner's Defence. I was in one of the side boxes nearly all the time - I went out for refreshment; a young man accosted me at the public-house, and asked me to buy a handkerchief; I gave him 2s. for it, and believe the officer saw me buy it - I put it into my hat; the other two I had brought, one for my pocket and the other to put round my neck when I came out; I did not know the handkerchief was stolen - when the gentleman got to the station he said he believed there was no mark on it.
GUILTY . Aged 24. - Transported for Fourteen Years .
First London Jury, before Mr. Recorder.
Newark, 18th December, 1830.
MESSRS. JOHNSON and BULMER, - Please to send to the Saracen's Head, to the care of Mr. Wilson, a small assortment of black and brown Thibet shawls, from 25s. to 35s. Our house will be in town in about a week, and what are not kept will be returned in that time. J. and J. OLIVER. with intent to defrand Robert Johnson and William Bulmer .
TWO OTHER COUNTS, for uttering and publishing the same as true; to which indictment he pleaded
GUILTY . Aged 21. - Transported for Seven Years .
MESSRS. ADOLPHUS and ARCHDALE conducted the prosecution.
WILLIAM BULMER . I am in partnership with Mr. Johnson. The prisoner was in our employ for above two years, as confidential clerk - it was his duty to receive money, and give an account of it to me as he received it, if I was at home, and if not the money was left on the desk till I returned; he should enter it in the book, and account for it in the course of the day on which he received it - he has never accounted to me for 30l. received on the 26th of December, 1829, from Mr. Bowen, nor for 3l. received the 29th of November, 1829, from Mr. Crocker, through Thomas Johnson; nor has he ever entered those sums in the cash-book; I keep the cash-book myself - his business was to give me the money he received, and for me to enter it; he never made entries himself - he has not accounted for these sums in any way; I have the cash-book for 1829 here - there are no such entries as 3l. on the 29th of November, or 30l. from Bowen, on the 26th of December; I swear I have not received those sums from that time to this, from the prisoner, nor from any body.
MR. WILLIAM BOWEN . In December, 1829, I was indebted to the prosecutors 30l. and more, and on the 26th of December I called at their warehouse, and paid the prisoner 30l., for which he gave me a memorandum - I paid it into his hands, and saw him write the memorandum,(read) - "December 26, 1829, Mr. William Bowen paid John Bulmer 30l. J. Furby." - I delivered this memorandum to the prosecutors about a month or six weeks ago; I heard from them that they had not received the money and produced it.
THOMAS JOHNSON . I am warehouseman to the prosecutors. On the 9th of November, 1829, the prisoner told me to go to Mr. Jonathan Crocker of Watling-street, for 3l. - I went and received the 3l. from Mr. Crocker himself; I returned to the warehouse, and paid it into the prisoner's hands - he gave me no memorandum of it.
Prisoner. I question very much his recollection as to the amount. Witness. I am quite sure 1 paid him 3l., as received from Mr. Crocker.
ROBERT JOHNSON . I am in partnership with Mr. Bulmer. The prisoner never accounted to me for 3l. received from Mr. Crocker, or 30l. from Mr. Bowen; I was not in the habit of being in the counting-house at all.
Prisoner. I have no defence to make, nor would I have made the plea I have, fearing to irritate or wound the feelings of my prosecutors, who always behaved to me with the most unbounded kindness and liberality; but merely to put myself in a situation to call on them to state their sentiments regarding me up to the time I left them, and also if they think proper to recommend me to mercy - a representation has gone abroad, as false and calumnious as it is prejudicial to the unfortunate individual before you, the statement is, that my uncle and friends, the former of whom stands as high in reputation as any merchant in the City, were privy and concerned in what has happened - I can only say, it is quite untrue, and the author ought to be ashamed at adding additional trouble on them.
MR. ADOLPHUS. The prosecutors never heard a syllable of this before.
Prisoner to MR. BULMER. Q. A week previous to my leaving you, had I not notice to quit your employ? A. No; he absconded from our employ - I never hinted that he was to leave; he received considerable sums the week before he left - he was receiving money on our account up to the very day he absconded.
GUILTY . Aged 29. - Transported for Fourteen Years .
MR. PHILLIPS conducted the prosecution.
DAVID SOLOMONS . I am assistant beadle at the new synagogue, Leadenhall-street . On the 22nd of December, by direction, I watched at the synagogue; I had seen the prisoner there very often before; there are seats appropriated to subscribers, and there are lockers, in which they
Cross-examined by MR. CLARKSON. Q. This book is one volume of several? A. It is one of two volumes; I cannot say whether 5s. is a high price for it - the synagogue is open to all Jews - we never refuse a respectable person a seat if they are not subscribers; I cannot say how often the prisoner has been there - I have seen him several times; I am not always there - we do not usually carry these prayer-books in the bosom, but on our arms; it is not usual to put them under our coats - the prisoner is a foreigner, and has been six years in this country; I am sure he did not say he had taken the book by mistake for his own.
MR. PHILLIPS. Q. Was it after he asked forgiveness that he pointed out where he took it from? A. Yes - strangers are admitted to the seats by permission of the subscribers.
HENRY LAZARUS . I am beadle of the synagogue -I was not there on that day; I saw the prisoner after he was taken by Solomons, who charged him with taking the prayer-book - he begged of me for mercy, and said he would never do any thing of the kind any more, he only did it on account of having lost a book belonging to somebody, and took that to replace it - the book was afterwards shown to Mr. Joseph.
Cross-examined. Q. Did you tell the Lord Mayor the prisoner asked for mercy? A. No, I was not examined.
SAMUEL JOSEPH . I am an orange-merchant ; my father is a subscriber to the synagogue - his name is Joseph Joseph. I believe this book to be mine, but there are hundreds and thousands like it; my father has a seat in the synagogue - there is a place for the books, but it has no lock to it.
Cross-examined. Q. Have you been acquainted any time with the prisoner? A. I am not acquainted with him - I have seen him about out market with a board of cakes; I cannot form any idea of the value of this volume- will not swear it is, or is not worth 2s. 6d.
MR. PHILLIPS. Q. Did you buy the books yourself? A. I bought two of them three years ago; I gave 25s. for the two volumes.
COURT. Q. Had you such a prayer-book in your father's seat? A. I had two of them; mine was like this, but I have seen more like it - there was another like it in my seat; I miss a book like this, and believe this to be the book; only one is missing - I did not swear before the Lord Mayor that it was worth 5s.; (looking at his deposition) - this is my hand-writing; I can sign my name, but cannot read - I believe this was read to me before I signed it, but I forget, upon my honour.
Q. It says, "Informant saith this said book of prayers is his property, and of the, value of 5s." A. That was written before I attended the Lord Mayor - I recollect it being read over to me; I swore I believed it was my book, and might have said it was worth 5s., I forget - I cannot read, and cannot do any writing but my name; I swore before the Lord Mayor that I believed it to be mine - I did not swear positively to it; I told the Lord Mayor my mark was not in it, and I would not take it upon me - I said I would not swear further than my belief; I have a doubt so far as that there are many thousands like it - I have another like it: it is bound the same way as mine - I could produce more like it out of my seat now; there were only two of this sort in the seat on the 22nd of December - I was not there that day; I was sent for the same night, and saw it - the beadle, at the time, said, "Perhaps he took it out of another seat, you had better go round and ask the gentlemen if they miss one;" one was missing from my father's box, and when it was shown to me I said I believed it to be mine - I told the attorney for the elders I believed it to be mine; I swear I did not say it was mine, without saying any thing of my belief.
SAMUEL JOSEPH . The gentleman says I was sent for to the vestry-room, it is false - I was never in the room; my brother was sent for - I did not say, in the prisoner's hearing, that the book was mine.
HENRY LAZARUS. I did not swear this was the person; it was his brother - but before the Lord Mayor he said it was his.
ELIAS ISAACS . I am solicitor for the elders. I remember the witness, Joseph, being examined before the Lord Mayor, his brother was also there - I saw Joseph himself sworn; what he swore was read over to him - this book was produced, and shown to him.
MR. CLARKSON. Q. When you act as solicitor is it usual to become a witness? A. No, unless I know any fact connected with the case.
WILLIAM HARDING . I am a constable of Aldgate ward. The prisoner was brought to St. Catherine's, Cree church watch-house on the 22nd of December - I found 5s. in silver and 2s. 8 1/2d. in copper on him, and two pawnbroker's duplicates.
GUILTY . Aged 23. - Transported for Seven Years .
"Messrs. Johnson and Bulmer, - Gentlemen, Please to send to Messrs. Wood and Co., Red Lion-court, to enclose as under, and oblige your obedient Servant, for George Cannon S. Howard , Peckham, 18th December, 1830, - 2ea. 6-4 nainsocks, Nos. 8, 10, 12, - 2 ea. 6-4 cambrics, 10s. 12s. 14s., - 3-4 merinos, 33s. or to match as near as possible."
THREE OTHER COUNTS, varying the manner of stating the charge.
MESSRS. ADOLPHUS and ARCHDALE conducted the prosecution.
THOMAS ALFRED VERRALS . I am an apprentice to Robert Johnson and William Bulmer. On Saturday evening, the 18th of December , a little after six o'clock, a person, who I am certain is the prisoner, came to the warehouse, at No. 95, Watling-street , and delivered me this paper - he said, "I have brought an order from Mr. Cannon, of Peckham; I ought to have delivered it earlier in the day, but if it is sent in now it will do as well, to Messrs. H. and T. Wood, of Red Lion-court, Watling-street;" that is a very short distance from our warehouse (order read as in the indictment).
Cross-examined by MR. PHILLIPS. Q. Did you say before Alderman Waithman, that you were not sure the prisoner was the person who presented it? A. I did not: what I said was read over, and I signed it - I am sure I did not say so.
COURT. Q. Do you recollect what you said? A. I said, to the best of my knowledge and belief, the prisoner was the person who gave me the order; it being rather dark at the time, by his general appearance, I conceive him to be the man - I took notice of his voice, which is one reason why I speak to him; he has a peculiar accent.
MR. ARCHDALE. Q. What did you do in consequence of that letter? A. I selected the goods, except one piece, tied up part of them, and took them over to H. and G. Woods, Red Lion-court, and left them with Sutherland; this is the parcel, (looking at it) - it is directed " George Cannon , Peckham."
MR. PHILLIPS. Q. It was nearly dark when the person presented the order? A. Yes - it was at the warehouse door; it is rather a light warehouse.
MR. ARCHDALE. Q. Have you any doubt whatever of the prisoner's person? A. I have none whatever; I saw him next day before the Magistrate - I knew Cannon, of Peckham, was a customer of ours.
MR. PHILLIPS. Q. Did the person tell you he did not know who Cannon was? A. No; I did not ask him any questions; I heard his voice, because he said he had brought the order, &c.
WILLIAM SUTHERLAND . I am warehouseman to Messrs. Wood and Son, of Red Lion-court, Watling-street, woollen-drapers. I never saw the prisoner till the 18th of December, when he came, about half-past four o'clock, and asked if we sold merinos; I told him we did - he said he wanted a quantity for shipping, but it was too late, he would look in on Monday morning - and as he went out. he said, "You have an account with Cannon, of Peckham"- I said we had; he said, "That is the gentleman who sent me here;" he went away, and about half-past six o'clock this parcel came - I received it from Verrals: I received this note from a porter, to whom I delivered the parcel which had I received from Verrals.
STEPHEN CHAPMAN . I am porter at the King and Key, Fleet-street. On the 18th of December the prisoner gave me a note to take to Wood and Co., Red Lion-court, and to bring a parcel back - I am certain of his person; he said he would meet me at the King and Key - I went, and delivered the note to a young man at Wood and Co.'s, and brought the parcel to the King and Key; the prisoner came there in about an hour and a half, and asked me what I charged for my trouble; I told him 1s. - he said he would call again in three quarters of an hour or an hour, and pay me; he did so - the witness came in directly after the prisoner, sent for an officer, and gave him in charge; the parcel was on the bar at the King and Key then - it was taken to the watch-house with the prisoner. (Note read.)
To Messrs. Wood and Co., Red Lion-court, - Please to deliver to the bearer a parcel, addressed for Mr. George Cannon, Peckham, and you will oblige, &c.
Cross-examined. Q. Was any body present when he gave you the order? A. Three people were at the bar - he gave me the note, then followed me outside, told me to go directly for the parcel, and bring it to him; I never saw him before - it was about seven o'clock; I had drank nothing but two pints of porter that day.
MR. ADOLPHUS. Q. Did you know the three persons at the bar? A. They had come in casually to drink - I knew one of them.
HENRY GARRATT . I am warehouseman to the prosecutors. I went to Messrs. Woods, suspecting the order was not gennine, and followed the porter with the goods from there to the King and Key; I was not present when the prisoner came into the King and Key; I went in, and saw the parcel on the counter, adjoining the tap - he was by the side of it; the landlord pointed him out as the person who had called for it; I said to him, "I suppose you know Mr. Cannon, of Peckham?" he said, "I do not - I am merely a bearer;" I said under those circumstances I must give him into custody - he said, "You can do nothing with me, as I have not taken possession of it;" nothing more passed.
Cross-examined. Q. Did he not offer to give you every information, and point out the person who sent him? A. He said he should be happy to do so hereafter; Furby, who has pleaded guilty to-night, was in the prosecutor's employ - I did not mention Furby's name to him.
MR. ADOLPHUS. Q. Having promised to give you every information, did he give you any? A. No, except what he said before the Alderman, in answer to the charge- he said nothing about Mr. Stanley, who had written the letter.
JOHN WOOD . I am a woollen-warehouseman, and live in Red Lion-court, Watling-street. On the evening of the 18th of December, the prisoner came into our countinghouse, and said he had several commissions to execute for Mr. Cannon, of Peckham - that he would send a parcel in to us, and if he did not call himself, I was to deliver it to any person he might send - we do business with Cannon, of
GEORGE CANNON . I am a linen-draper, and live at Peckham. There is no other person of my name there - I do business with the prosecutors; I never employed the prisoner to get goods from them for me - I do not know him; I also do business with Messrs. Wood - no person named Howard is in my employ, or authorised to write for me; I do not know Stanley.
Cross-examined. Q. Do you know Furby? A. Yes; he has pleaded guilty to-night - he was in the prosecutors' employ.
Prisoner's Defence. I have only to say I was led into the business completely by John Furby , under whose instructions I acted, and delivered that order as a messenger - I was instructed by him to make use of Cannon's name.
GUILTY . Aged 36. - Transported for Fourteen Years .
NEW COURT. FRIDAY, JANUARY 7.
Fifth Middlesex Jury, before Mr. Common Sergeant.
THE REV . JOHN TUPPER CONNELL . I live in the Little Cloisters, Westminster Abbey . On the morning of the 28th of December, in consequence of what I had heard, I fetched a Police-officer, and found in my house a man who belonged to Mr. Gregory, and a carpet - I had had some dispute about the carpet, and I desired the two men who were there with it, to put the carpet out; I saw a Policeman there at the time - the prisoner, who was one of the men, put the carpet out; I then had occasion to leave home, and upon further consideration I agreed to pay Mr. Gregory for the carpet; I returned home the second time, and then found the carpet at my door, but I did not see the prisoner there - when he took out the carpet at first, he received 1s., by my orders; I did not give it him myself - the carpet was afterwards lost - it was worth more than 10l.
Cross-examined by MR. PHILLIPS. Q. Was not the prisoner very unwilling to put it out? A. Not at all, he volunteered to take it out; he had no business there - he said, "If you will pay me I will put it out;" he took it out about three yards, I should think; he said, "If you will allow me I will take it out;" I had asked the Policemen to take it up, and they both declined - I did not make the least row about it; I have heard that my wife asked the prisoner for his address, and that he gave it - I have reason to believe, from inquiry, that it was a true address,
COURT. Q. What time was it you saw it last safe? A. About twelve o'clock; when I saw the prisoner at my house, I asked him what brought him there - he said, "I came with the Policeman - he knows me very well;" I think it very important to state the place the carpet was left in; I live in the very interior of the Cloisters, and the place the carpet was put in is very remote - there are no less than four turnings, through dark passages, to get at it.
ROBERT SUTTLE . I am a Policeman. I went to the Little Cloisters on the 28th of December, about eleven o'clock - the prisoner went with me; I had known him by sight - when I got to the prosecutor's house, I found the man there who had brought the carpet; he was insisting upon leaving it - Mr. Connell came soon afterwards - he ordered me to turn the man and the carpet out of the house; I said I would turn the man who brought it out if he required it - I ordered the man to go out, and he did; the prisoner said he would put the carpet out if Mr. Connell would pay him for it - he had come up to me as I was going along, and said it was a fine day; he had a letter in his hand, and I thought he was going to Mr. Connell, or to some gentleman in the Cloisters, with it - he walked on with me; it was just after I had met with him - I was called by a little boy; I did not then know what I was wanted for; I saw the prisoner again about an hour afterwards, which I think was about twelve o'clock - I met him in Tothill-street; he said to me "I think this job will come to a law-suit - I think we shall have to be on the trial;" I told him I did not know any thing about it - he said, "What a joke it would be if any one were to go and steal that carpet;" I told him I thought it would be a rum place for any body to go and find a carpet - he said there were plenty in Westminster would not mind doing that, he knew.
Cross-examined. Q. Then the prisoner had been with you? A. Yes - I found the man with the carpet, Mrs. Connell and the servant; Mr. Connell came in about ten minutes - I knew the prisoner before, and often spoke to him when I passed him; I went away and left the prisoner there, and Mr. Connell went away - the prisoner and I were there about ten minutes; he had a letter in his hand, and I expected he was going to carry it there; I did not ask him to go with me - the prisoner had three examinations - I do not know of any other person being taken on this charge.
WILLIAM DAY . I am ten years of age - I sometimes go to church; I live at No. 22, Princes-street, Westminster. On the 28th of December I saw the prisoner in Dean's-yard, in the Little Cloisters, about four o'clock in the afternoon - I went to Mr. Connell's house to take some bread, and rang the bell; the prisoner and another man were about ten yards from the door, and when I rang the bell they walked away; I saw a carpet at that time -I turned to go to Mr. Preston's, in Little Dean's-yard, and I saw the prisoner and the other man again - the other man bad the carpet then; I had looked at the carpet I saw near Mr. Connell's door, and that which I saw the man (who was with the prisoner) carrying, appeared to me to be the same.
Cross-examined. Q. How near Mr. Connell's door was the carpet? A. About three yards from it; the place is a little light - it is not a place right open; there are houses in the Cloisters: I did not speak to the prisoner - he had knee breeches on, but I did not notice the colour of them; he had a velveteen faced waistcoat and sleeves - I did not notice the colour of them; it is common among the working classes in Westminster to wear waistcoats with sleeves - I cannot tell whether he had a black handkerchief or a cravat on; I did not notice the dress of the other man - it was getting rather darkish.
COURT. Q. You say you saw the prisoner twice?
JOHN WILLIAM PAINE . I am a Police-officer. I received information, and went to the Cock public-house - I saw the prisoner there, and took him; I told him what he was charged with - he owned to being there at eleven o'clock, but denied being there afterwards; he told me he had written his address and given it to Mr. Connell.
Cross-examined. Q. Was it not in consequence of the direction he left in the house that you found his lodging? A. Yes - I did not find any thing there: I found on him three shillings, one halfpenny, and a duplicate of a handkerchief pawned in June - I took him on the same day, about twenty minutes before five o'clock; I had known him for twenty years - he has been in better circumstances, and had several hackney coaches.
Prisoner's Defence. I deny being near the premises at all after the gentleman gave me the shilling; I heard the lady say, "I dare say there will be a law-suit about this - will you leave your direction?" which I did, at Strutton-ground, or else at the Cock, where I go to get a job - I have a wife now confined, and five children; I had not been home the whole of the day.
GEORGE HUTCHINS . I keep the Cock public-house, in Tothill-street. I have known the prisoner about three years - I remember the day he was taken, when the officer came and called him out; he had been at my house about one o'clock - he then left, and was away about two hours; he was in my house again about three o'clock, and remained there the whole of the time, for at least an hour - he comes to my house to drink a pint of porter, or to get jobs from me or some of my neighbours: after he came to my house at three o'clock I had occasion to go to my bed-room, and was there about ten minutes - I left him in the tap-room when I went away, and found him there when I came back; I consider he was nothing short of an hour in my house.
COURT. Q. What reason have you for saying he came at three o'clock? A. From the time I took my dinner I think it was about three - I have a clock, and am often in the habit of looking at it; I had no particular reason for marking the hour: I do not know where the Cloisters are, but the Abbey is at the end of my street, I should think not short of two hundred yards from my house - I am not aware that he left my tap-room, from the time I came down from my bed-room till serjeant Paine took him out of my house, which I think was half-past four o'clock; I was in my bar, and occasionally went into the tap-room - I have no reason to think he went out, but I cannot swear he did not; there were other persons in the tap-room - I think I could walk to the Abbey in about eight minutes.
JURY. Q. Was he in your house at four o'clock? A. I should consider he was in my house at least an hour before I went up stairs, and he was taken about half-past four.
COURT to WILLIAM DAY. Q. How were the men walking? A. Pretty fast, Sir - I did not see them long in Little Dean's-yard; only about a minute - that was about four o'clock, almost directly after I had seen them in the Cloisters; I think it was about four - I went home directly.
The prisoner received an excellent character.
GUILTY. Aged 38.
Recommended to Mercy by the Jury and Prosecutor, on account of his character .
Confined Two Months .
Third Middlesex Jury - before Mr. Common Sergeant.
JOHN HYNDS . I am a Police-officer. On the 20th of December, about eleven o'clock, I was in Queen's-row, Pimlico - in consequence of what I had heard I stopped the prisoner, and found on him two pairs of shoes and one pair of boots: I told him I understood that property was stolen - he denied it, and then said, if they were he did not steal them, but another lad had given them to him; there was another lad with him, who ran away - these shoes and boots were claimed by Mr. Higgins, who lives two or three hundred yards off.
WILLIAM HIGGINS . I am a boot and shoemaker , and live in William-street, Pimlico . The officer brought the prisoner with these boots and shoes; I had hung them up at half-past ten o'clock, and this was about eleven.
Prisoner's Defence. A young man asked me to carry a bundle - I got about twenty yards when the officer stopped me, and the other ran away - a person came and said I was not the person who took them, but he said I was enough for him.
JURY. Q. Could you not have taken them both? A. No; I had to take hold of the bundle and the prisoner - they were in this handkerchief, which no one has claimed; the prisoner said he knew nothing of the other boy, but I had seen them conversing together.
NOT GUILTY .
WILLIAM PRITCHARD. I am a Police-officer. On the 17th of December I was on duty in Tottenham-court-road , between seven and eight o'clock in the evening - I saw the prisoner and another boy with him near Mr. Shelton's shop; I watched them for twenty minutes; I saw the prisoner go ten or a dozen times up to a cloak, which hung just inside the door, and at last I saw him jump up and get it down; they both ran away - I pursued the prisoner down Alfred-place; he tried to throw the cloak down an area, but it hung on the rails - I took it; he ran on and turned into Store-street; I called Stop thief! and he was stopped when I came up, but I knew him to be the same boy.
JOHN JAY . I am assistant to John Shelton and Samuel Morris, linen-draper s, Tottenham-court-road. This cloak is theirs - we had not missed it till it was brought back; I think I had seen it myself half an hour before, just inside the lobby.
GUILTY. Aged 16.
Recommended to Mercy . - Confined Three Months .
CHARLES HALL . I live at No. 7, Finsbury-street , and am a saddletree-maker. On the 14th of December I was at my parlour window, and saw the prisoner on the other side of the way; I saw him put his hand into a gentleman's coat pocket and take out a handkerchief, which I think had a green ground; he then crossed the road towards my house - I went out and charged him with the theft - he ran off; I pursued him about a yard - he threw the handkerchief at my feet, and was stopped within three yards of me; the gentleman had gone off - I did not attend to him; I do not know his name.
THOMAS REED . I am a Police-serjeant. I was in Rope-maker-street on the 14th of December - Finsbury-street comes into that street; I saw the prisoner running and took him - the witness stated what he had done, and gave me this handkerchief.
The prisoner put in a written Defence, stating that on hearing the alarm he joined in pursuit of a man, who he saw drop the handkerchief, and was taken himself.
GUILTY . Aged 21. - Transported for Life .
JOSEPH COLE . I am a Police-serjeant. On the 31st of December I was at the corner of Bainbridge-street, near to Oxford-street - I saw the prisoner and another boy coming from Oxford-street; the prisoner had something heavy wrapped in this apron, which was tied round him, and he was holding the ends - he was first and the other close behind him; they seemed in company - I passed the other one and he ran away; I went up to the prisoner, and asked what he had there - he said, Something, but did not say what; I asked where he got it from; he said, from the top of Tottenham-court-road, and was going to Nelson-terrace; I said he was going in a contrary direction - I found these two pieces of ham in the prisoner's apron; I took him to the station, and then found Mr. Tate's shop, about a hundred and fifty yards from where I had taken him.
JOHN FENNELLY . I am shopman to Mr. John Tate , a cheesemonger , in Oxford-street . The officer came to our shop on the 31st of December, about ten minutes to seven o'clock - I was called down by Mr. Tate, who asked me what had been in the window; I said two pieces of ham - I looked and they were gone; I had put them there about six o'clock - these are them; they are my master's property.
GUILTY . Aged 14. - Transported for Seven Years .
338. JOHN ROE was indicted for stealing, on the 29th of December , 1 sheet, value 1s.; 3 shirts, value 6d., 1 gown, value 1d; 1 shift, value 6d.; 1 petticoat, value 1s.; 1 apron, value 1d.; 5 caps, value 1s.; 1 collar, value 6d.; 1 pinafore, value 1d.; 1 napkin, value 1d.; 1 bag, value 2d.; 1 handkerchief, value 1d.; 1 pair of gloves, value 1d., and 1 shawl, value 1d., the goods of John Walley , from his person .
ANN WALLEY . I am the wife of John Walley - he lives in Whitecross-street, and is a chair-maker . On the 29th of December, I was coming out of Goswell-street with my husband - he had a bundle on his right arm; I saw the prisoner and several other men together - one of the men pushed up against my husband, and asked if there was not room for him to walk on the pavement as well as him - my husband said, "Yes, my good fellow;" and we were going to cross - the prisoner then came up, put his hand on the bundle and said, "What have you got here?" my husband said he did not know, and he asked me; I said it was of no consequence, it was mine - the prisoner then snatched the bundle, and ran off; I ran after him and his companions - my husband followed; I lost sight of the prisoner for four or five minutes - when I saw him again he was in Bell-alley, with the Policeman, who had the property; I can swear to his being the man who took the bundle - it contained all the articles stated in the indictment; I was not in any alarm till it had happened - it was taken at one snatch; my husband had hold of the bundle, and so had I - my hand was on it.
JURY. Q. Was the prisoner a perfect stranger to you? A. Yes.
GEORGE OVERS . I am a Policeman. I was in Crown-court, Goswell-street, on the 29th of December - I heard Stop thief! called, and ran into Bell-alley; I met the prisoner running, with this bundle under his arm, I suppose three hundred yards from where the prosecutor describes the bundle was lost, which was in Fann-street, near Goswell-street.(Property produced and sworn to.)
Prisoner's Defence. I had been at work at the Asylum, and the job was stopped for a fortnight - I came away, and brought two shirts and some other articles home with me; I got rather intoxicated going home, was knocked down at the corner of a street, and my bundle was taken from me - I got up and ran; I saw the prosecutor with this bundle in his hand, and thought it was mine - I took it, ran off, and did not know till the next morning that it was not.
GUILTY . Aged 28. - Transported for Life .
GEORGE MILLER . I am shopman to Mr. James Aldous - he keeps a general sale shop , at No. 1, London-street . This tray is his; and has his mark on it; there is an iron railing round the private door of the shop, where we usually put goods - I missed this tray about five o'clock on the 1st of January, and went to the station; I saw it again about six.
GUILTY. Aged 15.
Recommended to Mercy by the Prosecutor .
Confined Three Months .
GEORGE PLUMMER. I live in Crombie's-row, Mile-end , and am a bookseller - I have another shop in Cross-street, St. George's - the prisoner was in my employ about nine months; I paid him every week - I had lost property to the amount of 50l., and could not trace which way it went- I knew nothing of this property till it was brought to me.
JOHN ALLMETT . I am a news-vender, and live in Burr-street, Commercial-road. The prisoner came to me three weeks or a month before he was apprehended, and asked if I was in the habit of taking in publications: I said Yes - he said, "Of whom?" I said, "Of no one in particular;" he then asked if I would take them of Mr. Plummer - I said I did not mind: he asked what orders I would give him - I said I took in the Mirror, the Casket, and five other books; he brought them to me on the Saturday following: I paid him 1 1/2d. for the Mirror, and 1/2d. a piece for the other books - I had also two of the Weekly Dispatch newspapers of him, for which I paid him 7 1/2d, which is the trade price - the selling price is 8 1/2d. I gave information of it when a girl came to me about it.
Cross-examined by MR. PHILLIPS. Q. Do you remember what day it was? A. The girl came the day before he was taken; it was the 28th of November I bought the newspapers - I recollect the occurrence exactly; I had seen the prisoner by going to the newspaper offices in the morning.
JOHN HULL . I am a Police-officer. I took the prisoner - I made him no threat or promise; he said he wished not to be taken to the office, that he was very sorry he had robbed his master, and there was another boy who ought to be taken up as well as him, as they had shared the property between them - he would have said more, but I cautioned him not.
GEORGE PLUMMER . I sell a great number of these pamphlets, but the prisoner was not to sell generally unless he had authority from me to execute an order; if any one gave him an order be might take it and bring it to me, but he was not to go for orders; he had no right to take them from my shop.
Cross-examined. Q. Is he in the habit of accounting to your wife for any thing he takes out? A. Yes; he accounts to me, my wife, or my sister - they are not here; he never paid me for them.
Q. Had not the prisoner the misfortune to let your pony fall into a well? A. Yes, but he was forgiven for that; his mother did make an agreement to pay me, but she did not keep it.
MR. PHILLIPS to JOHN ALLMETT. Q. Is not halfpenny a piece under the trade price for these pamphlets? A. Yes; they have 1d. marked as the selling price, but I did not know the trade price - I had not been in business above three months.
JURY. Q. How came you to know the price of the papers, and not the books? A. I had had them at the office, but never had any of the books before.
NOT GUILTY .
THOMAS SIMPKINS . I live in the parish of Enfield , and am shepherd to Archibald Paris , Esq.; he had a ewe sheep which died of disease on the 26th of December - it had been under my care; I skinned it on the 27th, and hung it in an open shed - about ten o'clock the same night James Peet called me up, and asked if I had left a sheep in the shed - I said I had; I did not go out, but told him to take case of the sheep till the morning - I had cut off the feet, and taken the entrails out; I knew the prisoner before.
JAMES PEET . I was returning home that night, and heard some one coming along; I concealed myself, and saw the prisoner coming up with the carcase of a dead sheep on his back; he threw it over some palings where I was - I went, and took him; I put the carcase on my father's premises for that night - the prisoner said he got it from an open shed of Mr. Paris'; he appeared intoxicated, and made no resistance - I knew him before.
MARK WALSH . I apprehended the prisoner at Cock-Forster, where he was drinking at a public-house, about six o'clock on the 20th of December - I believe he had been in the habit of sleeping in Mr. Paris' shed - the prisoner said he was going to take the sheep to hang against the constable's door, at Enfield, because he had used him very ill once, but he was tipsy or he would not have done it.
Prisoner's Defence. I was tipsy or I should not have done it; there were things of greater consequence there; I did not take it to steal it.
NOT GUILTY .
ANN HALL . I am a widow , and live in Rose-street, Bethnal-green . The prisoner came to sleep with me; I got up on the 22nd of December, and went out, leaving her in bed; on my return I missed my gown, shift, and cap, which had been on the rail of the bedstead.
GUILTY . Aged 19. - Confined Six Months .
BENJAMIN JENERY . I am a carpenter , and live in Britannia-row, Islington. On the 20th of December I left my work at Mr. Young's shop, to go to dinner; the prisoner came in there, but did not say on what business - when I returned from dinner I missed my plane, which had been on the floor; I found where the prisoner lived, and had him taken up.
HENRY NEWMAN . I am shopman to Mr. Goodburn, a pawnbroker, at Islington, about five minutes' walk from Britannia-row. I have a plane, pawned by the prisoner, about half-past twelve o'clock on the 20th of December, for 1s.(Property produced and sworn to.)
GUILTY . Aged 21. - Transported for Seven Years .
THOMAS PHILPOTT . I am a Police-officer. On the 27th of December I saw the prisoner in Woodbridge-street, Clerkenwell, about twenty minutes before nine o'clock at night - he had these three rails on his shoulder; I asked how he got them - he said he gave 4d. for them: he made some resistance, and I had some difficulty to take him.
THOMAS EDWARD COSTE . I live in Woodbridge-street, and am employed by Mr. John Bewley , to look after his property, on the Woodbridge-estate . I did not miss any of these rails till they were produced; I knew them again, having put them up, to keep people from going down into the coal-cellar - I took the prisoner with them about a hundred yards from the place, before the officer came up; I suspected they were what I had put up, but was satisfied of it when I fitted them to the place - they had been taken the same night.
Cross-examined by MR. BODKIN. Q. Had you fixed them yourself? A. Yes - some others had been taken from the spot, and I put down two of these; I had seen them that morning - if any had then been gone I should have missed them; they run the whole length of the street, and the next morning I found the greater part of them were loose - a great many boys play about there.
THOMAS COSTE . I am the father of Thomas Edward Coste . I first missed the rails, and first saw them in the prisoner's possession, not fifty yards from where they were taken; these are three of six which were taken that night- these three were safe about seven o'clock in the evening, and I saw the prisoner in possession of them about half-past eight; the first three were missed about half-past six- I went round again in half an hour, and these three were gone.
Cross-examined. Q. Then you missed three, two hours before these were found with the prisoner? A. Yes.
Prisoner's Defence. I was going along, and met a man, who asked me to buy these bits of wood, and I gave him 4d. for them; these gentlemen came behind me, struck me on the head, and gave me a black eye.
NOT GUILTY .
345. ALEXANDER ANDERSON was indicted for stealing, on the 19th of December . 1 pair of trousers, value 15s., and 2 shirts, value 5s., the goods of James Begbee : 2 shirts, value 5s., the goods or Peter Dilson ; and 1 jacket, value 10s., the goods of James Denning .
JAMES DENNING. I was a shipmate of the prisoner's, and lodged at Pearson's. I had a jacket the beginning of December, which I put into my chest in the store-room at Pearson's, on a Sunday night, in the presence of the prisoner, who lodged there; I locked the chest, put the key into my pocket, and went down to tea, leaving the prisoner in the store-room, in the dark - I went to my chest after tea, found it broken open, and my jacket and trousers were gone; I found the trousers in another man's chest the next morning - the prisoner was gone: I afterwards saw him in custody, and, of his own accord, he said he had broken open my chest, taken the jacket, and pawned it for 2s., with two shirts and a pair of trousers of his own.
ROBERT BUSSELL . I am a Police-constable. On the 28th of December I was applied to by Denning, and went to Pearson's house, High-street, Shadwell; the prisoner was given into my custody - I took him into the store-room, to search him; he began crying, and begged to be forgiven: I told him to be very cautions of what he said to me, as it did not lay in my power to forgive him - he said he knew he had done wrong, he had robbed his shipmates, and he ought to suffer, but he hoped we would be merciful to him, and if I would go with him he would show me where he had pawned the things - he acknowledged he had broken the chests open; I showed him this piece of iron - he said it was broken off by him; we went to a pawnbroker's opposite Shadwell church - they said the articles had been pawned there, but taken out again; the prisoner heard this - he said he had either sold or lost the duplicate.
GUILTY. Aged 24.
Recommended to Mercy by the Jury, being a foreigner .
Confined Three Months .
WILLIAM UNETT. I live in Hayes-place, Paddington, and am assistant to my brother, John Unett, of Edgware-road - he deals in earthenware, and sells Robins' patent Royal filter. The prisoner came to the shop apparently in a hurry, on the 27th of December, and wanted me to purchase a filter; I asked him the price; he said 6s. - I pointed to some we had for sale, and asked if they were of that sort - he said Yes; I asked where he got it - he said his father had bought it in a lot at a sale in Oxford-street; I desired him to call there next day - he went out and returned in five minutes, and said that 5s. would be the lowest price he would take; I had before asked him if 6s. was the lowest, and he said he thought his father would not take less - he came again twice on the Tuesday, and my brother told him to bring it at eleven o'clock on the Wednesday morning, and he would look at it - he came on the Wednesday, about two o'clock, and asked if he should bring the filter; I said Yes, and he brought it in a sack in a quarter of an hour - Mr. Stephens, who was waiting at a neighbour's opposite, came in and asked him how he got it; he again said his father had bought it at a sale in Oxford-street, and it was part of a lot - I think he mentioned china and glass; it is worth 25s.
EDWARD STEPHENS . I am clerk to Mr. George Robins , of Earl-street - he sells Robins' patent Royal filter , at No. 3, Wharf, Trade-street, Paddington ; the prisoner was in his employ - I went to a house opposite Mr. Unett's on the 29th of December, and saw the prisoner go in; I questioned him about this filter which he had taken there - he said his father bought it a sale with some plates and other things; I gave him in charge - to the best of my knowledge this filter is Mr. Robins' property; it is of a peculiar mould - we keep account of all that are sold, and the purchasers' names; I missed two of them - I can swear this is the property of Mr. Robins; we had received this pattern, I think, in October - the prisoner had been turned away about three weeks; he was left in possession of the premises while I and the men went to dinner.
Prisoner. Q. Was that filter sold, or was it not? A. It was not, to the best of my belief - I found two missing of this particular mould.
Prisoner's Defence. I was passing the next wharf one Saturday night about three weeks ago, and saw this filter against the foot-way; I took it to an empty house and left it there three weeks before I offered it for sale.
The prisoner received a good character from a former master, who promised to take him again.
GUILTY . Aged 18. - Confined Three Months .
THOMAS WILLIAM JONES . I am a butcher . The prisoner was in my employ for about four months; he had 10s. a week, with board and lodging; I suspected things were not right - I watched and saw the prisoner take some meat from my shop to an opposite house.
WILLIAM SAMUEL JONES . I am the prosecutor's son; he lives in Featherstone-street, City-road . On Christmas-day I went into the loft of the slaughter-house - I saw behind a screen three pieces of beef and some suet; I told my father; he wrote his name on some bits of paper, cut holes in the pieces of beef and put them in - I saw Howard and the prisoner go out afterwards: Howard had a bundle, and the prisoner had something under his frock.
Cross-examined by MR. BARRY. Q. Did you see what it was? A. No.
GEORGE TURNER . I am a hair-dresser, and live in Featherstone-street. On Christmas-day, about half-past two or a quarter to three o'clock, I saw the prisoner come to my shop; he took a piece of beef from his apron, and put it into a bedstead in my shop - I asked what it was; he hesitated, and then said, it was a piece of beef he had put there for a minute or two; Mr. Jones came in about five minutes, and told the prisoner there was a gentleman over the way who wanted him; he went - I took Mr. Jones to the bedstead and showed him the meat; I should have gone to Mr. Jones', but I was waiting on the prisoner, who sat down directly in a chair.
THOMAS WILLIAM JONES . I saw the beef, and gave it to the officer; it was my property, but not one of the pieces I had marked - I saw him put it into his apron in the slaughter-house, and come out with a bulk; I detained him in conversation in the shop for two or three minutes, and then watched him into the shop - I followed him, and found the beef.
Cross-examined. Q. This piece was not marked? A. No; I know it to be my own cutting.
THOMAS VANN . I was waiting, and saw the prisoner come out of his master's and go to the hair-dresser's - I told Mr. Jones he had something; he went over - the prisoner came out and I took him; I had been waiting three or four hours; the prisoner begged for mercy, and said it was the first time.
Prisoner's Defence. I was not a regular servant of Mr. Jones'; I was only there for the Christmas week; he did not see it on my person.
THOMAS WILLIAM JONES . I was busy at Christmas, and my children came from school, - the prisoner could not sleep there for the last ten days; he had a sovereign for ten days work, and a good dinner that day - the beef weighed 7 lbs. or 8 lbs.
The prisoner received a good character.
GUILTY. Aged 22.
Recommended to Mercy by the Jury . - Confined 3 Months .
THOMAS WILLIAM JONES . The prisoner was in my employ about twelve months, and had 15s. a week. On Christmas-day, I went into the loft with my son - I saw some hay behind the screen, and behind the hay were
Prisoner. I acknowledge I had the two pieces, but not the third.
The prisoner received a good character.
GUILTY. Aged 33. Recommended to Mercy by the Prosecutor .
Confined Three Months .
JOHN STEEL . I am apprentice on board the ship Australia; she is laying in the West India Dock . On the 20th of December, about three o'clock, I missed a jacket, which at one o'clock I had put into a small box under some other things, on the forecastle - I went to the dockgate, the officer came with me to the ship; I afterwards saw the prisoner behind a shed, on the south side of the docks - he saw me, and began to pull the jacket off directly; the officer then took him - this was about four o'clock.
ALEXANDER LAKE . I am a Thames Police-officer. I went with Steel to look for his jacket; there is a baggage warehouse shed - I saw the prisoner by the side of that shed; he pulled off this jacket - I asked him how he came to take it; he said it was an old one kicking about, and he did not think there was any harm in it - I then asked him about another article, which the prosecutor had lost; he said if I would go with him, he would show me - he showed me a red shirt, but the prosecutor said that was not his; there were six or seven other persons about the prisoner when he was taken; I have known him nine or ten years - he has been a hard working industrious man.
Prisoner. I took the jacket, but nothing else.
GUILTY . Aged 34. - Confined Six Months .
ROBERT BROWN . I am a carpenter , and live in Queen-square, Soho. On the 2nd of January I met the prisoner about three o'clock in the morning, in the neighbourhood of St. Giles'; I had been spending the evening with some friends, and was a little intoxicated, but knew what I was about - I went with the prisoner to Jones-court, St. Giles ; we went to a room on the ground-floor- she wanted me to remain with her all night; she urged me still more, but I said I would not - during this time she made herself very familiar about me; I saw her hand in my pocket; the money was in my breeches pocket, and I found that pocket turned inside out - I had had a sovereign and 18s. in that pocket, and had felt it safe a minute or two previous, when I had my hand in -I asked her to give me the money back which she had taken from my pocket; she said she had taken no money- I asked her again; she again denied it, and asked me to give her some gin - I said I would not; she said if I would not treat her she would treat me - she took a mug, and went out; the Policeman came in and asked if I had been robbed - I said I had; be called another Policeman, and they went to search - she was afterwards found, and I saw one sovereign and 8s. produced from her hand.
JAMES COBBINS . I am a Policeman. About four o'clock in the morning of the 2nd of January I went to Jones-court, and heard some conversation in a lower room; I heard the prisoner very much pressing the man to go to bed - he refused; I then heard him ask for money, which she denied having, and she asked him to give her some gin- he refused; she then said if he would not treat her she would him - she then came out; I went in, and asked if he had been robbed; he said Yes, of 2l. 8s. - I saw the serjeant coming along; I left him with the prosecutor, while I went to look for the prisoner - I found her in High-street, with another woman, who had lent her her bonnet and shawl; when I got back the serjeant said he had found a sovereign on the prosecutor, and 1l. 8s. 6d. was found in the prisoner's hand, in Bainbridge-street, St. Giles', and 2s. 6d., and 2d. in copper, was found in her pocket - the prosecutor and the serjeant were there at the time; that was the second time I went to look for her - I had heard her ask him for money in the room; I heard him ask her to return what she had taken from him- when the prosecutor accused her of taking this money from his pocket she said it was a button, and then at the station-house she said a gentleman gave it her in Bedford-square; she then told another story.
MAURICE NICHOLAS . I am a Police-serjeant. I went to the room in Jones-court; I found the prosecutor there, who said he had lost 2l. 18s. - I found on him one sovereign, and three or four pennyworth of half-pence.
Prisoner's Defence. I live at No. 34, Strutton-ground, Westminster; my husband does not behave well to me, and he had cut my head - I had been out with some friends; I met the prosecutor, who took me to have some gin - there were two more women with me, one of whom took me to her lodging.
ROBERT BROWN. I think I did not have any gin with her; I know by the time I left my friends, I had not time to go to any house with her; there was another woman in the house, but she was not there the whole time - I was in her company about a quarter of an hour; I have no recollection of being in any other place with her.
NOT GUILTY .
WILLIAM NYE . I am a carpenter, and was at work at Rundell and Bridges', on the 3rd of January; this saw, which belonged to Melcher Conner, was in a basket which stood in the window there; I saw the prisoner come in and take the saw out of the basket - he walked away with it; I followed, and took him - I brought him back with it under his coat; he said he was very sorry, and if I would forgive him he would not do no again.
MELCHER CONNER. I was at work there; I left my saw there, and was told the prisoner had taken it - this is it.
GUILTY . Aged 19. - Confined Three Months .
RICHARD JAMES WOOD . I am acting publisher of the Weekly Dispatch newspaper . On the 18th of December the prisoner came to my shop, No. 139, Fleet-street , as near five o'clock as I can guess, which is the time the papers are delivered; I had known him before as servant to Mr. Violett: he said, "One quire per Violett" - meaning one quire of the Weekly Dispatch newspaper; I gave him one quire, which I believe was twenty-seven, but I did not count them - I gave them to him on the belief that he came from Violett; he took them from me, but I believe he disposed of them before he left the house.
Prisoner. I had not the papers.
RICHARD JAMES WOOD. I gave them into his hand in the usual manner, and saw them in his possession; they passed directly from me to the prisoner.
GUILTY . Aged 14. - Confined Three Months .
WILLIAM HARRIS . I am servant to Mr. Zachary Foster , boot and shoemaker , of Newgate-street . On the 23rd of December , the prisoner came in between one and two o'clock- I was busy, and alone; I handed the prisoner a seat, and when I had finished waiting on a gentleman I fitted her with a pair of shoes, which came to 4s.6d.; she gave me a half-sovereign, as I supposed, and waited for change - I looked at it, and saw it was nothing more than a gilt sixpence; I asked her if she had any more of that sort - she said if I did not like it she would give me another, and she then gave me a good half-sovereign; I then laid 5s. 6d. change on the board - I believe she did not take it up; she then asked me for the bad half-sovereign, and said I had no occasion to keep both - I said I wished to show it to my shop-mate, as I thought he had not seen any of them - I then called in the officer, who searched her, and found a second bad one on her; I marked them both - I do not recollect that I had seen her before.
Cross-examined by MR. CHURCHILL. Q. Was any one else in the shop? A. No - our shop door is open; I do not think she could have got away - I called the servant down while I got in the officer; I do not think the prisoner took up the change - she took up the shoes, and put them down again; she did not say any thing when she gave me the half-sovereign - I believe four 5l. notes were found on her, and some rings and keys.
JOHN RICHMOND . I am a street-keeper of Newgate-street. I was called, and found on the prisoner a gilt sixpence wrapped up in a bit of thin paper; I had before asked if she had any more, and she said not - I found several little bits of paper on her, similar to the one this half-sovereign is wrapped in; I took her to the Compter, and thinking she might have some more I got the matron to search her, and these four 5l. notes were found within her stays.
Cross-examined. Q. Were they good notes? A. Yes, and one good sovereign was found on her; I should think these papers are too thin for curl papers - these are good sixpences, gils.
GUILTY . Confined One Year .
354. WILLIAM WIGGINS was indicted for stealing, on the 4th of December , 5 sovereigns, 2 half-sovereigns, 4 half-crowns, one 10l., and two 5l. Bank notes, and 1 bill, value 9l. 13s.6d. , the property of John Lancaster .
REBECCA LANCASTER . I am the wife of John Lancaster, a builder ; we live on Bread-street-hill . He was indebted 42l. for rent to the Ironmonger's Company, who put a distress in, and a man was in possession - we had only known the prisoner about a fortnight before; he acts as a sort of attorney's clerk , I believe - my husband had employed him to collect some debts, as he had been recommended to him; on the 4th of December, he came to know what he could go on with - my husband was then from home, and as the broker said he would send a man to condemn the goods, I said to the prisoner, "You had better take the money, go to Ironmonger's-hall, and pay it in;" he had not asked me for it - I gave him a 10l. note, two 5l. notes, five sovereigns, two half-sovereigns, four half-crowns, and a bill for 9l. 13s. 6d.; I told him if they refused to take the bill to return to me immediately, as I expected the broker would be there, but either way he was to return - I saw no more of him till he was taken on the 20th of December - I proposed to him to go, and he promised to return to me immediately, but he never did; as far as I know the rent has not been paid.
JOHN LANCASTER . I had known the prisoner about three weeks, but I was not at home at the time - I had given the notes, and part of the gold, to my wife; the prisoner was recommended to me by a person who is not here, as a kind of attorney, who would not put the customers to much expence - I took the prisoner into custody; the bill is stopped, but we have had no part of the money.
NOT GUILTY .
Brezack. Q. You say you heard the crack? A. Yes, I did, and I ran to the bottom of the warehouse and called the porter - when I came back, you were laying the glass down, and reaching to the "Forget me Not;" you ran off when you heard the door unlock, and got about twelve yards - when the porter took you, you said you would not be collared.
Brezack's Defence. I was passing, and not looking at the shop window at all.
BREZACK - GUILTY . Aged 20.
FLOOD - GUILTY . Aged 19.
Confined Three Months .
Fourth Middlesex Jury.
CHARLES THOMPSON. This copper was fixed in a small wash-house, in front of my house in Marchmont-street, Burton-crescent ; I saw it safe on the night of the 23rd of December, at ten o'clock, and missed it the next morning - it had been fixed in the brick-work, as coppers usually are; I know nothing of the prisoner - my washhouse was not locked.
JOHN GLEESON . I am a Policeman. I was in Charlton-street, Somer's-town, two or three minutes before twelve o'clock in the morning I saw the two prisoners; Germain had the copper on his head, and the other was talking to him - I stopped them, and asked how they came by it; they each said they found it in Burton-crescent - I am sure they both said that.(Property produced and sworn to.)
Germain's Defence. I saw the copper in a mews, turned upside down - I put it on my head, and was walking home with it.
Cole's Defence. I was with him; he turned down a mews, and said he saw something there - he brought this copper out.
GERMAIN - GUILTY . Aged 17.
Confined Three Months .
COLES - NOT GUILTY .
357. JONATHAN NICHOLSON was indicted for stealing, on the 19th of December , 1 lamp, value 8s.; 24 shells, value 5s.; 1 saucer, value 2d.; 1 bottle, value 2s.; 1 jug, value 1s.; 1 pair of trousers, value 1s.; 1 shirt, value 2s.; 1 cup, value 2d., and 1 piece of paper, value 2d., the goods of Elizabeth Wake ; 6 pairs of trousers, value 27s.; 3 waistcoats, value 10s.; 6 pairs of stockings, value 6s.; 2 pairs of sheets, value 12s.; 1 book, value 6d.; 2 knives, value 1s.; 6 charts, value 2l.; 6 shirts, value 12s.; 4 towels, value 2s., and 1 gold key, value 6d., the goods of William Davison Barnett .
ELIZABETH WAKE. I am single , and live at Shakespeare's-walk, Shadwell . The prisoner took my top room on the 13th of December; Captain Barnett had left a trunk locked up at my house - on the 20th I saw a china saucer, which I knew had been in another trunk in the room - that excited my suspicion; I had the prisoner taken- he said he had come to town on business by the mail from Sunderland - I opened Captain Barnett 's trunk, and found it nearly empty.
WILLIAM DAVISON BARNETT . I left my trunk at the house the latter end of April; it was locked, and contained all the property stated, and a great deal more - I saw it safe on the 13th of December, and on the 20th I found it had been opened, but the lock and hinges were not injured- it appeared to have been opened with a key; the officer took part of the property from the prisoner in the room.
JOSEPH BARDEN . I am a Police-constable. I went, and took the prisoner - I found twenty-nine duplicates under the padding of the collar of his coat - this paper and this knife were in his right-hand waistcoat pocket; this watch-key was in a small pocket in the left side of his waistcoat - this cup and saucer was in the cupboard of the room; this shirt was on his back, and these two skeleton-keys were on his person; one fitted Captain Barnett 's trunk, and the other the other trunk - on the mantel-piece I found some files, which had been lately used.
ROBERT RUSSELL. I am an officer. I went to the place, and found a number of keys; many of them skeleton-keys, and this pair of stockings.
MR. BARNETT. I can swear to these stockings.
Prisoner. I know nothing of the keys; they were not in my possession. Witness. They were wrapped up in his dirty shirt.
MR. BARNETT. I am confident this waistcoat is mine, and I believe the other things are.
Prisoner's Defence. The duplicates are all my own property - one of them is of a clarionet, which I played at Sidmouth for four years, leading an instrumental band in a meeting-house, and another of them is for three music-books, one of which is my own writing; and with respect to the files, the fact is, I was busy in repairing a telescope, which I believe the Policeman has here, and they had been used for filing brass - I am fully sensible of the awful
GUILTY . Aged 59. - Confined Eighteen Months .
ELIZA TURNER . I am the wife of George Andrew Turner , a corporal in the Life Guards . The two prisoners came to lodge at my house on the 28th or 29th of last October; Stevens took the lodging, and said she was a dress-maker , and Jones was her servant - they went away last Sunday three weeks, without notice; they would have owed me 14s., for a fortnight's rent, on the Thursday following - I went into their room on the Friday; they had locked the door, and taken the key; I then missed three blankets, a pair of sheets, and a pillow - the duplicates were left in their room; I had lent them 2s. 6d.
WILLIAM OSBORNE . I am a Police-officer. I took the two prisoners on the 28th of December, at No. 2, Tudorplace, Tottenham-court-road - I found nothing on them; I informed Mrs. Turner I had taken the prisoners, and she gave me the duplicates.
JOHN PITT . I am assistant to a pawnbroker. I have three blankets and a pillow; I am not confident who pawned them, but I have seen Jones in our shop at different times - these are the duplicates given for the articles; the three blankets are in the name of Brown, and the pillow in the name of Richardson - they were pawned at different times.
ELIZA TURNER. These articles are mine - the prisoners lived together, and had one bed.
Stevens' Defence. Whatever fault I have committed, was through distress - I did not know the consequence of the law; I expected to receive some money on the 8th of this month, and it was my intention to send it to Mrs. Turner, and to go and beg her pardon: this is my sister-in-law - I have had her to support from a child: I was in distress.
STEVENS - GUILTY . Aged 20.
JONES - NOT GUILTY .
359. ANN STEVENS and JANE JONES were again indicted for stealing, on the 28th of December , 2 sheets, value 5s.; 1 blanket, value 2s.; 1 pillow, value 2s. 6d., and 1 flat-iron, value 6d. , the goods of Thomas Rogers .
SUSANNAH ROGERS . I am the wife of Thomas Rogers ; we live in Tudor-place, Tottenham-court-road . The two prisoners came to lodge in my house on the 21st of December - Stevens took a room, she said she was a dress-maker, and kept Jones to carry out work; they had been there but one week when the officer came and took them - when he came Jones took from the mantel-piece five duplicates of my property; they both begged forgiveness, and said they had pawned them - there were one pair of sheets, a small blanket, an iron, and a pillow.
Stevens' Defence. We begged Mrs. Rogers to forgive us, and she said she would if the things were got out; they were not pawned with intent to defrand, but to keep us from starving - had that evening gone over I should have received two sovereigns, if not more, from a friend, to whom I had written, when I would have sent to Mrs. Turner, to see if she would forgive me; I should then have settled the rent where I was, and returned to my former lodging - I did it, because I would not submit to throw myself into the street; I always worked while I had it to do, and would do it.
STEVENS - GUILTY . Aged 20.
JONES - GUILTY . Aged 18.
Transported for Seven Years .
OLD COURT. SATURDAY, JANUARY 8.
Third Middlesex Jury, before Mr. Sergeant Arabin.
JAMES SWINBURN. I am a carpenter , and live in Princes-street, Lisson-grove. I have known the prisoner two or three years; he is a carpenter - I have seen him at public-houses, but never kept company with him. On Saturday night, the 12th of December, Williams was with me in the Edgware-road, between twelve and one o'clock; he had come for me from Duke-street, Grosvenor-square; I had left work at six o'clock, and received my wages about eight; I met Williams about a quarter-past twelve- I first saw the prisoner at the Caledonian Arms, Princes-street; I went in there after twelve o'clock, and found him there, with two more, one of whom is named Randall; I paid for a glass of gin and water - a woman had followed us in, and my friend handed her the glass: I took out my money to pay for the gin - I pulled out a sovereign instead of a shilling; I returned that to my pocket, and gave a shilling - Randall came, looked, and saw my money; I had received 30s., a sovereign, and the rest in silver; I and Williams left the house together; the woman followed us out - I got about two hundred yards, and saw the prisoner, Randall, and another following me.
Q. Did you drink with the prisoner that night? A. They came and forced themselves into our company; I told them to keep to themselves - they came up to me in the street in a kind of jostle; they did not strike me, but knocked me down on my hands and knees; when I got up the prisoner put his left hand into my right-hand trousers pocket, and turned the contents out on the pavement - I caught hold of his hand as he turned it out, and never let go of him; he drew my watch with his other hand, and got it out of my fob: I kept hold of him, and caught hold of the watch - the Policeman and Williams came up and took him; I got 2s. 3d. off the ground - the 3d. was not mine; I saw a man pick the money up, and go away - Randall took up the money, and ran away; I lost the sovereign altogether - I
Cross-examined by MR. CLARKSON. Q. Do you mean to tell the Jury, on your oath, that you were sober? A. No, I was not sober, nor was I drunk; I knew right from wrong- I live at No. 19, Princes-street, right opposite the Caledonian Arms, and my wife lives there.
Q. Had you not been conversing with the woman before you went into the Caledonian Arms? A. She had followed us all the way; I did not take her there - I said, "I live here, and you had better go home;" she said, "Mr. Cross lives here, I know the place well," and followed us in - I did not give her drink; Williams handed her the glass; I was not turned out of the house - the landlord said,"These gentlemen will go as soon as ever they have drank their glass of gin and water;" he did not desire us to leave, to my recollection, but I will not swear that - I did not go straight home; the woman asked us to see her home - I asked where she lived; she said, "In this street;" I said, "I think not;" she said Yes - I said, "It is a fine morning, and we will go a little way and see;" I do not know whether she was a prostitute - Randall was by at the time my money was taken; I have seen him since - I saw him on Sunday night, but not since - I have had no money from him; it was not in my power to take him - the prisoner's friends sent for me to the public-house - his wife's mother came; I told the officer the prisoner had pulled my watch out.
Q. Did you pass by your own door with the woman? A. No; my door is on the opposite side - it was after one o'clock when I left the public-house; Williams stopped at the end of Princes-street, and said he would go home - he left me with the woman; I went fifteen or sixteen yards further with her - I had left her when I was attacked; she was stopping six or seven yards off - we did not walk arm-in-arm; she came, put her hand on my shoulder, and caught hold of my arm two or three times, but never had hold of it - the prisoner and his friends began talking with the woman in the public-house - she went away after the Policeman came up; she had not been walking on the side that my money was - she was always on the other side.
JAMES WILLIAMS . I am a carpenter. I went with the prosecutor to the Caledonian Arms; there was a woman in company with us - she was quite a stranger; the prisoner was in the public-house with Randall and another person - I did not know any of them before; Swinburn took out his money to pay for the gin and water, and Randall said he had plenty of money - we went out, leaving them all in the house; the woman followed us out-Swinburn had got on towards drunkenness; I said I should go home - he and the woman parted with me, and went on; I stood a little while, and heard some men talking and coming towards where I stood - there is a row of trees on both sides of the road; I crossed on the opposite side, staid there, and heard one of them mention Swinburn's name; it was merely as they were talking - they went in a direct line across the road towards where Swinburn went; I went, and stood at the end of Princes-street to look for a Policeman, but did not see one - I returned to where I stood, and heard one say to the other,"Go on;" I had been absent hardly a minute - I looked down the road, and saw a light at a distance; I ran down, and it was a Policeman - I told him my suspicions; I ran up, and Swinburn was holding the prisoner - I saw Randall picking up one or two of the pieces of money; he ran away - the woman went away very shortly after.
Cross-examined. Q. She did not go away before it happened? A. No - she was in Swinburn's company before we went into the public-house, and remained till after this happened, to the best of my belief; I had been with the prosecutor about an hour before we went to the Caledonian Arms - he was drunk; he met the woman in the Edgware-road; they conversed together, the same as two or three might meet together on the road - he did not invite her into the house, nor offer to treat her; she did not ask him for drink - she had part of what we had; I suppose she was a street-walker - I heard him recommend her to go home; he did not cross over to go home - I was not watching to see what he would do with the woman; I do not believe they were arm-in-arm together - she was sometimes on one side of him, and sometimes on the other - the trees are in the road; it is a dark place - I came up after the alarm; the woman was behind him, but not close to him - she was as far from him as I am from you; he was not very drunk - the officer did not refuse to take the charge; what I said to the officer was before he came up- if the gas was put out at the public-house, it was after we came out; the landlord did not turn us out, he told us to go out.
ROBERT LEE . I am a Policeman. I was near the spot - Williams came up between two and three o'clock in the morning, and said he expected a friend of his would be robbed at North-bank; we went to the spot, and found the prisoner, prosecutor, Randall, and a woman; just before I got to the spot, I saw Randall raise himself from the ground, and run away - the woman stood a short distance from the prosecutor; when I arrived the prosecutor gave the prisoner in charge for robbing him and drawing his watch - the prisoner replied, "You may search me, I have nothing;" I found only 3d. on him.
Cross-examined. Q. Did not the woman afterwards run away? A. No, she walked away - the prosecutor was not very drunk.
NOT GUILTY .
Before Mr. Justice Gaselee.
MARTHA PRIESTLEY . I live at Twickenham. I was sent to Mrs. Steers in September last; she lodged at Mrs. Feaney's - one day there was high words between me and mistress about a pennyworth of wood; it is three months ago or more - I do not know the month; it was about half-past three o'clock in the afternoon - a brick was chucked in at the window three times; I did not see by whom the first was thrown - the prisoner threw the second, and he was on the tiles; the brick was chucked on the landing-place, and I believe little bits of the mortar came into the room where I and mistress were - after that Mrs. Feaney closed the landing window; mistress was sitting.
Q. Was there any conversation between her and the prisoner about a person coming up with a pistol? A. Not in my hearing; I was so frightened I do not recollect it.
Q. Were you frightened on the 11th of December, when before the Coroner? A. Yes; she had died that morning, which was three months after this happened; somebody held something up like a sword-stick under the sheet, and it made a snapping noise; mistress said it was a pistol - I said it was not.
Cross-examined by MR. PHILLIPS. Q. I believe after this was over about the sheet, the prisoner sat down and took some gin with your mistress? A. Yes; we were all on good terms; she never brought up about the sheet afterwards - she was joking, and in as good humour as ever she was; she had been confined to her room twelve months; no medical man attended her before she died - her spirits were as usual, after this happened; she moved from the fire-place to the window with a stick -I attended her till she died, and did not observe her in more pain after this, than before.
ANN LUPTON . The deceased was my mother. This transaction happened on a Thursday, and on the Sunday following, I sent her a hot dinner as usual, and she sent for me - I went, and found her very poorly; she said she had a violent pain in her back and stomach - she was hearty and in health before, and had not complained, except of the rheumatsm in her knee - on the Sunday following-she got so much worse I bound her up very tight, her back was in much pain - she died on the 9th of December; she said she should like to have the Clergyman, she was sure she should never get over it - I offered to sead for a doctor, but she would not have one.
THOMAS LITCHFIELD . I am a surgeon. I have known the deceased six or seven years - I saw her about five months before her death, that was before this transaction - I did not see her again till about eight days after her death, when I was desired to see her body - I examined it externally, but could form no judgment of the cause of her death.
NOT GUILTY .
Before Lord Chief Baron Alexander.
MR. PAYNE conducted the prosecution.
JOHN GUNSTON . I am a cheesemonger ; the prisoner had the care of a shop of mine in Brick-lane . On the 28th of December, between two and three o'clock, in consequence of suspicion, I gave Woodgate, two half-crowns, ten shillings and a sixpence, which were marked, and in the evening, when the till was cleared, my wife brought me home 13s. 6d. of that money; I did not see the prisoner till next night, when I went to the shop with an officer, called him in, and said, "Richard, I want to know what silver you have about you;" he said he had 12s., and produced it on the table, and the 2s. 6d., which I missed out of the marked money was among it; it was marked with a little dot below the neck.
Cross-examined by MR. CLARKSON. Q. From whom did you receive the prisoner into your service? A. Both my brothers gave him an excellent character; he was nearly four months with me - he rather hesitated at producing the money, before I told him I had missed 2s. the day before - I have another shop, and left this in his care; I do not sleep there, and do not know what money is taken till my wife brings it home to me - I have paid him about 3l. for wages.
Q. If he wanted 2s. 6d. for a half-crown, he could get it from the till? A. Yes; I had marked 17s., and sent it the next day by Woodgate, but that all came home.
Q. Was not Woodgate told by the Magistrate, that his conduct at the office was disgraceful and he should not take his oath? A. Yes, he was; I do not know that he was turned out of the office; my brother Daniel became responsible for the prisoner's appearance here - he was in custody two nights, I think - he is not quite sixteen years old - I only employed Woodgate to lay out money on two occasions; if he went oftener it was without my knowledge.
Q. Then you had some doubt whether the 2s. 6d. was a mistake, and tried again? A. Yes; he had the care of the till; he would not do wrong by taking change out of the till.
SARAH GUNSTON . I am the prosecutor's wife. On the 28th of December, at six o'clock in the evening, I took 1l. 6s. 6d. out of the till; there were five half-crowns, and the rest in shillings - I brought it home, and put it on the table, in the presence of my husband and Woodgate.
Cross-examined. Q. The course of business was for you to go at night to take the contents of the till? A. Yes; the prisoner managed the business there; he was taken up the next night - 13s. of the marked money came home; Woodgate had gone to the shop about three o'clock; if he had given change from the till, or taken change from it for himself, he would not be doing wrong
MR. BARRY. Q. There were five half crowns among the money, how many of them were marked? A. Two; there were several shillings not marked - there was not one sixpence in the till.
Cross-examined. Q. Were you before the Magistrate when the prisoner was examined? A. I was on the first day, but was not examined; I was not tendered as a witness - William Woods had the care of the till after the prisoner was apprehended - he is not here.
GEORGE ROAN WOODGATE . I am headborough of St. Luke's. On the 28th of December I received from Gunston, two half-crowns, ten shillings, and a sixpence, marked; I went to the shop, No. 43, Brick-lane, and purchased goods of the prisoner, which came to 15s. 3 1/2d,; I paid him all the same money which I had received from Gunston; it was about three o'clock: I was present on the evening of the next day, and said to the prisoner, "If you are an innocent lad, show what you have got about you;" he pulled out 12s., and said,"I am a foolish fellow;" I cannot tell what he meant - I recognized two shillings as the money I had paid him, and the sixpence was found afterwards in the till; Gunston thought the boy might have paid it away at first.
Cross-examined by MR. PHILLIPS. Q. Whether he meant that he had changed from the till, or robbed it, you cannot tell? A. No; I do not remember asking him how he came to touch the money in the till - I will not swear I did not; I do not recollect telling the Magistrate he had confessed it, but I will swear nothing about it - he did not refuse to take my oath - he left the case to be indicted at the Session; I did not go to the shop more than once; I took a man, named Davis, to the shop - he laid out 8s.; that was all found in the till - I know nothing about the 17s. - I heard it was sent, and the 17s. were shown to me next day; I saw ten shillings given to Davis - he brought two back.
Q. Gunston has swore he only tried this twice; once with 15s. 6d., and then 17s.; you saw him give 8s. to Davis? A. No; the money came out of my hands - I got it from Gunston.
COURT. Q. What was the sum you gave Davis? A. I think it was 10s.
MR. CLARKSON. Q. Now, was there not a sum of 5s.? A. Yes; that came back right - I gave that to a boy in the neighbourhood; I got it from Gunston.
MR. PAYNE. Q. Do you know that the 8s. and 5s. went to the prisoner? A. Yes; I saw the boy take the 5s. - when I was before the Magistrate I understood I was not sworn - I was sworn: I told the Magistrate so, and he said I was a very obstinate man, and he did not think I was doing right: I explained myself, but the Magistrate seemed rather obstinate like myself - I was not turned out of the office.
NOT GUILTY .
First London Jury, before Mr. Recorder.
EDWIN HIGGS. On the 20th of December, at nine o'clock, I was at work at Plumtree-court, Shoe-lane ; I saw the prisoner, who was a stranger, on the premises, and saw him take my saw out of the basket, on the ground-floor - I was behind the shutters, and could not be seen; I also saw him take Lines' saw - he put them under his coat and came out; I caught hold of him by the coat, and asked what he was going to do with my saw - he pushed me down, ran away, and dropped the saws; I got up directly and secured him, without losing sight of him.
JONES BENNETT LINES. I was employed at this building, but had not come to work that morning; I found the prisoner at Guildhall, with my saw.
(Property produced and sworn to.)
The prisoner pleaded poverty.
GUILTY . Aged 37. - Confined Three Months .
JOHN TAYLOR . I am in the employ of William Ayres, a hatter , of Farringdon-street . On the 30th of December, between five and six o'clock in the evening, I was standing about five yards from the door, looking towards it, and saw the prisoner come up and take a cap from inside the shopdoor - he reached it without coming in; I ran out, and overtook him about seven yards from the door - he had not got it then; I saw a man running away, about ten yards from him, but had not seen any body in his company - the cap has not been found; I am quite positive I saw the prisoner take it - our shop front is rather dark, and the man might be secreted - I had seen the cap shortly before.
Prisoner's Defence. There was a young man before me- I saw him snatch the cap and run away, and as I walked by the door, the gentleman flew out, laid hold of me, and said, "Have you taken a cap?" I said, No; he let go of me, and ran after the other as far as the grocer's, then returned, and said I took it.
JOHN TAYLOR . I let go of him to pursue the man - I ran about two yards, and then returned, as I thought I should not secure the other man - I returned and took the prisoner, who was then going towards Skinner-street, but before he was going towards Field-lane, which way the man was going; I am certain I saw him take the cap.
GUILTY. Aged 14. - Judgement Respited .
WILLIAM MARCH . My father is ward-beadle of St. Bride's. I am a fishing-tackle maker, and live in Fleet-street. On the 5th of January, about seven o'clock in the evening, I was standing talking to Lightfoot, the street-keeper, at the corner of Chancery-lane ; I saw the prisoner and another person on the opposite side of the way - I saw the prisoner put his hand into a gentleman's pocket, and take a handkerchief out, near the Temple-gate; I directly
Prisoner. When you collared me I asked what you wanted. Witness. He did not ask what I wanted till after he got to the watch-house.
THOMAS LIGHTFOOT . I am a street-keeper. I was talking to March, and saw the prisoner and another close behind a gentleman - I said, "That fellow is picking a gentleman's pocket;" March ran across, and took him -I could not cross quick enough myself; I saw him pick the pocket - when I got across, March had got hold of him: the handkerchief was in the gutter - I had seen it fall from him; I took him to the watch-house and searched him, but found nothing on him - he was dressed as he is now; I called out to the gentleman, but could not make him hear, or if he did he took no notice - I am lame, and could not go after him; he appeared unconscions of its being taken.
JURY. Q. Did the prisoner throw it down, or drop it? A. He dropped it, apparently intentionally.
Prisoner's Defence. I went to see my aunt - I was returning along Fleet-street; they laid hold of me in a rough manner - I asked what was the matter; they said,"Never mind, we have been watching some of you;" they knocked my hat off, and the handkerchief fell out of it - he took it up, and said, "Who has lost a handkerchief?" I said I had not picked any body's pocket - he said, "Never mind that, you may take your leave of Fleet-street."
THOMAS LIGHTFOOT. He never said it was his own.
GUILTY . Aged 19. - Transported for Life .
ELIZABETH THRESHER . I live in Honey-lane-market, and have my beer from Beeton. This pot was placed inside the door opposite to me - I saw the prisoner pass by alone; he passed the door three or four yards, then turned round, stooped inside the door, picked up the pot, came out, and walked off with it; I followed him through the market into Cheapside - he turned to the left; I kept within a few yards of him, followed him along Cornhill, and down Finch-lane, where I saw a street-keeper, whom I told; he went after him, took him in Threadneedle-street, and took the pot from him - I never lost sight of him.
Prisoner. Q. Did you not see any more pots on the pavement while you were following me? A. No.
JOHN PARKER . I am a street-keeper of Cornhill. Thresher pointed the prisoner out to me in Finch-lane; I followed, and overtook him at the corner of Broad-street, and took the pot from him - it has Beeton's name; he said he had picked it up, and was going to take it to him, that he could not read, and expected to meet a friend who could tell him who it belonged to.
(Property produced and sworn to.)
Prisoner's Defence. I was going to meet a friend to give me a letter to the hospital - I saw the pot on the pavement, not inside the door; not being able to read, I carried it open in my hand to ask my friend who it belonged to, meaning to return it, and expecting some reward for telling him there was more pots laying about, as there were three more just by.
GUILTY . Aged 24. - Whipped and Discharged.
CHARLES HURLEY. I live in Wilmot-street, Brunswick-square, and am managing clerk to Messrs. Arnott and Co. On the 30th of December, between ten and eleven o'clock at night, I was returning from the City, and had a silk handkerchief in my inside coat pocket - I was on Holborn-hill , a yard or two from Ely-place; I did not miss it till Mr. LeRich, who was walking with me, told me of it: I was leaning on his arm - he was outside; he asked if I had lost any thing, and turned round suddenly - I felt in my pocket, and said, "Yes, Mr. Holmes' handkerchief is gone;" I had borrowed it of Holmes - LeRich pointed to a person running up Ely-place, and we both pursued; he was stopped - it was the prisoner: I laid hold of him, and charged him with stealing my handkerchief - he said he had done no such thing; my friend picked it up not a yard from him - he was stopped by a watchman; there was only him, my companion, and the watchman there, at the time it was dropped.
Prisoner. Several people were running up Ely-place at the time. Witness. When the cry of Stop thief! was raised, several persons ran, but we were the foremost when we took him, and the handkerchief was found; nobody else was near him - not a soul was there at the time.
EDWARD MIAM LERICH . I live in Well-street, Oxford-street, and am clerk to Patterson and Co., of Ironmonger-lane. I was walking with the prosecutor - somebody trod on my heel, about a yard on this side of Ely-place; I turned round, and saw the prisoner and another walking abreast; both separated when they saw me turn round, the prisoner went up Ely-place, and the other up Holborn- I asked Hurley if he had lost any thing; he felt, and missed his handkerchief - we pursued the prisoner, both hallooing Stop thief! he ran past the passage leading to Hatton-garden, turned to go round again, and was stopped - I picked the handkerchief up in the passage, a very little way from Ely-place: he was stopped not above two yards from the passage; when he was stopped he said he had not seen the handkerchief - nobody but him could have dropped it.
(Property produced and sworn to.)
Prisoner's Defence. That is not my own handkerchief, it belongs to my sister.
GUILTY. Aged 21.
Recommended to Mercy . - Confined Twelve Months .
JOHN GROVES and WILLIAM WADMAN were indicted for stealing, on the 9th of December , 1 handkerchief, value 1s., the goods of a man unknown, from his person .
THOMAS TOOLE . I am a shoemaker, and live at No. 22, Goswell-street. On the 9th of December I was coming down Fleet-street , near St. Dunstan's church - I saw the two prisoners following a gentleman; I did not know them before - I had seen them before, but did not know their names; when they got near Chancery-lane, they had an umbrella up - it sprinkled with rain; the umbrella was over them both; I saw Wadman lift the gentleman's pocket up, take the handkerchief out, and give it to Groves, who put it inside his bosom; the gentleman did not seem aware of it - I turned round, and said to a person, "Go and tell that gentleman he has lost his handkerchief;" both the prisoners crossed into Chancery-lane - I went over and collared them both, and at that time the gentleman came up; I charged them with it, and they denied it - I put my hand into Groves' bosom, and took the handkerchief out; the gentleman said it was his, and wanted me to give it to him and let them go; several persons collected, and said."Give the handkerchief up, and let them go;" several respectable gentlemen came up, and said, "They are well known characters, don't let them go;" I went into the Strand, to look for a Policeman; I got the gentleman to come part of the way, but in Clement's-lane he said he would not go to prosecute them, and went away - the prisoners were taken to the station, and afterwards committed - it was a silk handkerchief.
PEDDER DAY . I am a cabinet-maker, and live in Crown-court, Goswell-street. I was in company with Toole at eight o'clock in the evening - Toole said, "Look here;" I looked round, and saw Wadman with the tail of a gentleman's coat up; I saw him draw the handkerchief out of the pocket - the gentleman did not seem to notice it; he gave the handkerchief to Groves - I did not see what he did with it; they went up Chancery-lane - Toole sent me after the gentleman, who came back with me; I found the prisoners in Toole's custody, and saw him taking the handkerchief out of Grove's bosom - the gentleman said it was his; the prisoners said nothing to it - I never saw them before; the gentleman went as far as St. Clements' watch-house, and then went away - I did not know his name or residence.
Wadman's Defence. I was going up Fleet-street, and walked under the umbrella to keep from getting wet; Groves picked the handkerchief off the ground, and said,"Look here;" he put it into his bosom, and as we turned up Chancery-lane, the officer took us - we asked what was the matter; he said we knew perfectly well - Groves said he picked it up.
Groves' Defence. I picked it up at the corner of Chancery-lane; I said, "It will do for a pocket handkerchief."
SAMUEL BENWELL . I live in Size-yard, Whitechapel-road, and am a gilder, but now sell tin goods and toys about. I have known Groves about seven years - he lived in Duke-street, Spitalfields, and has latterly been selling fruit and things about in the street; sometimes he was in service; I have had him in my service to go and fetch goods, and found every thing correct; before I leave the Court, may I be allowed to give information to the Court respecting the information I have received from the witness - my mind has been pained at hearing the evidence; I have attended here three days - I called on Monday to see Groves in prison, and by his desire I went, in the evening, to No. 22, Goswell-street, to endeavour to see the prosecutor: I was directed to inquire for Timothy Tooley - I went into the shop, No. 22, Goswell-street, a shoemaker's, and saw this young man behind the counter, doing something in the shoe business; I said, "Sir, if you please, is your name Timothy Tooley?" he said,"No, Sir" - the master of the shop, in a room behind, called out, "Who wants Tooley?" I said I did - he came out; I told him my errand - he said, "My name is on the shop - that is not my name, I don't know your business;" I walked up to the Angel, to inquire for Timothy Tooley , a shoemaker - I returned unsuccessful, and inquired in a shop close to where I had first been; a person said, "Do you want him?" I said Yes; he said,"Is it about some trial?" I said Yes; he said, "I thought so, he is always looking about for those sort of things" - he said, "Look behind that connter, that is him - his name is Thomas Toole; he makes it his business to look after such things;" I looked after him - he came to the door; I said, "Sir, please to tell me your name?" he said,"My name? my name is Taylor, but I dare say I know your business - there will be a person here presently that is one of the party that saw him;" he ran from the door, and came back with a man who said his name was Day; I entered into conversation with the witness Day, respecting the case, and, after hearing what he had to say, I said, "If you please, can you tell me the name of the other witness?" he said No; I said, "Can you oblige me with his address?" he said No, he did not know him at all.
Q. Not know who? A. Not know the other witness in the present case.
Q. Do you mean, you asked him if he knew Thomas Toole? A. I asked if he knew the other person who was witness against these two.
Q. Did you ask if he knew Thomas Toole? A. I believe not; I had been inquiring after Tooley - I saw the witness Toole; I only wanted to find the party concerned in the case - he did not tell me he did not know Thomas Toole , nor that he did not see the pocket picked; he told me the circumstances.
Q. Then he gave you the same account he has given now? A. They did; I asked Toole if he saw the pocket picked - he denied all knowledge of it; he said it was a stranger casually passing, and he knew nothing of it.
Q. Do you mean to say Toole told you he did not see the man's pocket picked? A. I swear that, at the risk of my existence it is the truth; my Lord, may I be allowed to say Day told me the person, who saw the act committed at the time he did, was a perfect stranger to him; that it was a person passing casually along, and who he had never seen: and the reason he could not give me his name and address was he had given it at Bow-street while he was absent - this conversation took place last Monday evening, about seven o'clock.
THOMAS TOOLE re-examined. This person came to our shop, No. 22, Goswell-street, last Monday; Mr. Gibson is
Q. Did you ever tell him you did not know about the matter? A. I told him I did not know it myself, but Day could tell him about it - I said so, because I saw he was busy, and he pointed out the different ways to avoid it- he said he knew the several points, and we could do it; that he knew a good deal about finding true bills and so on.
PEDDER DAY. I was coming by the shop, and saw this man and a woman talking to Toole - Toole came after me and said, "Here is a man and woman come after about those two boys;" this gentleman said, "Your name is Day;" I said Yes - he said, "I am come concerning these boys; I want to see into it abit - I want to know about it;" I said,"Are you the father, or a relation?" he said, "No, I only want to see into it;" I was going from my work to tea, and had to return in half an hour - I said I could not stop; he said, "It is a very curious matter; I have been down to Newgate, I have seen the governor's books, and there is no prosecutor, no gentleman to appear" - I said, "I do not know that there is;" I did not see the gentleman at Bow-street - he wanted to know who was the other witness- I said "I cannot give you information now, I must go to tea;" he kept me talking - he said, "Respecting the bill of indictment, when do you go to get it out?" I said,"I am summoned on Thursday, the 6th of January;" he said, "They have begun at Hicks-hall, I thought you had to go there?" I said, "No, I have to attend on Thursday;" he said, "Can I see the other young man?" I said,"No, I cannot tell you now;" he said, "May be I shall see him on Thursday - what time are you to meet him?" I said, "About three o'clock in the afternoon;" he said."I will be there, and you can show him to me - I will talk to him about it, and if one witness gets out of the way, there will he nothing done in it," for he had done so once at Hicks'-hall; I said, "I can do no such thing, I am bound in 40l. to appear;" he said, "You are a single young man, cannot you shift your lodging for two or three days?" I said, "If it is two or three years, they will come after me for my recognizances;" he said, "I was summoned once to Hicks'-hall, and got out of the way, and when called, I did not answer - I shifted my lodgings, and did not hear any more after it."
THOMAS TOOLE. He asked the witness what time he was to be there on Thursday - he said "There o'clock;" he said, "Now, do you think you shall know me again - you see me now?" Day said, "Yes, I shall know you again;" he said, "Well, you look for me, point the man out to me, and there is no prosecutor, if a witness is out of the way it can be settled, and I think if you say the same before the Grand Jury as you have told me this evening, I don't see what can be done - they will certainly be transported - it is as clear as that lamp, that is neither oil nor sperm - it is gas;" he took a brush out of my hand, and said, "It is like taking that, and giving it to you."
SAMUEL BENWELL re-examined. Q. On your oath, did you not suggest to both these persons, it would be right for one of them to keep out of the way: be cautious how you answer - the Court may order you to be indicted for perjury? A. To the best of my possible recollection -
Q. I will not take your recollection - on your oath, did you or not suggest to one or both of them, that one or other of them should get out of the way? A. I have no possible recollection of such a thing.
Q. You know one way or other, I ask did you or not? A. If I said I did I should speak against the conviction of my mind, and if I said I did not, I believe I should be speaking the truth.
GROVES - GUILTY . Aged 18.
WADMAN - GUILTY . Aged 16.
Transported for Life .
The witness Benwell was committed.
WILLIAM BAYLIE . I live in Rosamond-street, Clerkenwell , and am in partnership with Eli Baylie - we are ironmonger s. The prisoner was in our employ; I sent him out last Wednesday, about two o'clock, to various places, with articles, but not this coffee-mill; I expected him back in about an hour and a half or two hours, but he never returned; I saw him next day at Guildhall, with the mill, which is one of our make, and I believe to be ours - it has no mark on it; he had been about three months with me, and we had a satisfactory character with him.
(Property produced and sworn to.)
Prisoner. I throw myself on the mercy of the Court.
GUILTY. Aged 21. - Judgment Respited .
WILLIAM SCALES . I live at Aldgate High-street , and am a carcase-butcher ; I have seen the prisoner perhaps twice before this, but he never dealt with me, nor was he employed by me. On the 15th of December, about eight o'clock in the morning, I saw him take the carcase of a sheep and a side of veal, out of the shop, on his shoulder; I was standing at the door - he passed me with them: I did not speak to him - it struck me he had stolen the sheep, as I thought it had not been sold; I followed him - he went up the market, and put it on the cart of a Mr. Staples, who was known to me; I said, "What are you going to do with that sheep?" he seemed confused, and said a man had given him 3d. to take it to Gravel-lane, Ratcliff-highway; Staples lives in Cable-street, which is in that direction - he did not further describe where he was to take it to; he said if I would allow him to go he would find the man - I said, "Well, I'll go with you;" he said he could only find him if he went alone - I gave him into custody; the side of veal belonged to Staples.
JOHN PRICE . I am servant to Mr. Staples, of New-road, St. George's, who used to employ the prisoner for a day now and then, when busy. I was with master's cart, and when I got into the market the prisoner called out,"John, your side of veal is ready at Mr. Scales';" he knew we have one every Monday there - I said I was not ready for it; I had to get something from Spencer's - when I came out of Spencer's there was nothing in the cart; I came out a second time, and found him in the cart, covering the sheep over in the cart with the side of veal, as well as he could; I did not expect a sheep from Scales - I said"What business has that there? my master won't have his meat muddled with other people's;" he said a man gave him 3d. to carry it to New Gravel-lane;" he was not in master's employ that day.
Prisoner's Defence. When the cart came up Price asked me to help him put a side of beef into it - the beef was not ready; he said, "If you will fetch the veal from Scales', I will fetch the beef;" a man in Scales' shop gave me 3d. to take the sheep - I am a porter in the market.
GUILTY . Aged 23. - Confined Three Months .
NEW COURT. SATURDAY, JANUARY 8.
Fourth Middlesex Jury, before Mr. Common Sergeant.
GUILTY . Aged 40. - Confined Fourteen Days .
JAMES JENKINS. I am agent to the Aberdeen and London Shipping Company - Thomas Hadgley is collecting clerk. On the 15th of October I received 100l. from him, in one 20l., seven 10l., and two 5l. Bank notes; I put them into my cash-box, and put them into a tin chest in my counting-house, on Miller's wharf ; it is unconnected with any house - I was always in the habit of putting my books and papers in that counting-house; no one slept there - it was used in the day-time on business; these notes were safe on Saturday night, the 16th of October, at half-past eight o'clock; I went again on Monday morning to the counting-house, about nine o'clock - I found the cover of the tin chest shut down, but not locked, as I had left it; I had the key in my pocket - there was a lock to the cash-box, but the key was in it, as it always was; I missed the notes out of the cash-box, but every thing else was safe - there were bills and papers in it: Vinson was in the employ of Mr. Hosier, on the same wharf, as an occasional labourer , to go out with the waggon - I had not made any memorandum of the numbers or dates of the notes - Mr. Hadgley had written on them.
WOLF HARRIS . I am a clothes-salesman, and live at No. 66, Rosemary-lane. On one Sunday morning, I think six or seven weeks before the 29th of December, I was standing at my shop door, and saw Vinson with another man, but I could not swear the other was Andrews, though to the best of my belief, he is the man; they came into my shop and purchased two suits of clothes, a jacket, a linen shirt, and a pair of stockings, which came to about 7l. - Vinson went over his fob pocket, and pulled out a note, and gave it to the shopman Solomon Solomon, who is here - he gave it to me; I asked Vinson to put his name and place of abode on it - I saw him write upon it, but I can neither read nor write - I had not change about me; I went out and got change of Mr. Ruffell, he gave me change; when I had given change they went away; I afterwards saw Vinson in custody at the Police-office - I observed his trousers which he then had on, and I knew them by a mark that I had put on the fob, as I always do in trousers; I knew them to be the same I had sold - I have a strong belief that Andrews was the other man, but I would not swear it; he had a jacket on when he came in with the other prisoner - I heard him talk then, and heard him speak at the Police-office; I believed him to be the same man, and I believe so still - he appeared about the same height.
Vinson. There are two letters of his name on the things. Witness - It is not proper writing, it is a mark that I have learned to make, to know my things again when they are given out to be repaird.
Andrews. He says we both went out together, but Vinson went out first.
CHARLES ATKINS . I am a baker, and live in Rosemary-lane; I received a 10l. note from Ruffell, on the 15th of November - I left it with my wife on the 29th of November, to pay to Mr. Back the same afternoon, as I was going into the City; I had no other 10l. note.
WILLIAM BACK . I am a dealer in flour, and live at Stratford, St. Mary, Suffolk - I received a 10l. Bank of England note from Mrs. Atkins; I cannot exactly tell the day, but I received a 10l. and a 5l. note from her - I did not take notice of the number, but can tell it by the word"Atkins" which I wrote upon it - I paid it to Weston and Co., my bankers; they live in the Borough - here is the note; it has the name of Atkins on it in my hand-writing.
JOSEPH ERENEZER NEWSOM . I am clerk in the banking-house of Messrs. Weston and Co., Borough - I have the entry of the receipt of five 5l. note, a 10l. note, and some cash received from Mr. Back, on the 30th of November, but it is not in my hand-writing; 285l. was the total amount received - the clerk who made the entry is not here; I have refreshed my memory from an entry in the book of the banking-house, made by myself - I took all the notes paid into our house that day to the Bank of England the next day - we do not take the numbers, but there is a mark on this 10l. note made by another clerk, who is not here - but I know it by that.
GEORGE DYER . I am a clerk in the Bank of England. I produce a 10l. note, No. 5, 109, 18th of September 1830 - we do not issue two notes of the same number and date - this was paid into the Bank on the 1st of December, by Weston and Co., in a total of 2,355l.; when a banker pays in a parcel of notes, the name is written on the outside, and entered in a book; this is one of the notes in that bundle.
THOMAS HADGLEY . This note was in my possession on the 13th of October; here is my writing on it - it is No. 5109, dated 18th September, 1830. On the 15th of Ocber I paid a sum of money, amounting to 100l., to Mr. Jenkins, and this note is one of the notes I paid him - I know both the prisoners; Vinson was a labourer in Mr. Hosier's employ at that time; I am collector to the wharf - Mr. Hosier is the wharfinger, and the principal of the wharf; Vinson's wages was 10s. a week - he only received boy's wages; Andrews was not in our employ at that time - he came there afterwards; I do not recollect that I had seen him previously - the first wages he appears to have received was on the 30th of October, which would have been for the preceding week, from the 23rd.
WOLF HARRIS. This waistcoat has my mark on it, and is one I sold Vinson that Sunday morning; these trousers have the same mark - they are what I sold then; I identified them at the office - I sold them to Vinson.
GEORGE HITCHCOCK . I live at No. 11, Lower Berners-street, Commercial-road. On the 28th of October Andrews took a room in my house - he furnished it himself; I suppose the value of the whole he put in might be about 7l., but he did not bring all his things in on the 28th of October - they were brought in in about a fortnight; he first came to live there on the 5th of November - he brought a female, who lived with him as his wife; on the 8th of November Vinson came to lodge in my house; I let him a bed, and he slept there - he took his meals with Andrews and the female; on the 14th of December I was at home, and Blyth, the officer, came and took Andrews and the young woman into custody - Vinson did not sleep in my house that night, but I saw him over the way the next morning; he came over to me when he found that I opened the door - I told him there was a charge against him, for which I had orders to take him into custody provided he came to the house; he said he wished to see the prisoners, who were then in custody - I took him to the Police-office.
DANIEL BLYTH . I am a Thames Police-officer. On the evening of the 14th of December, I went to Hitchcock's house - I waited till Andrews came in; I searched a box, which Andrews said belonged to him - I found a pair of trousers and a blue waistcoat in it; these are them- I also found a linen shirt and a new hat in the room; Andrews said he bought the hat of a man in New Gravel-lane, and gave 9s. or 9s. 6d. for it, and the trousers and jacket he bought at Mr. Freeman's, in the Commercial-road - there were half a dozen chairs in the room, a bedstead, bed and bedding, a piece of new carpet, a new looking-glass, some waiters, and new cooking utensils; I should think the whole worth about 6l. or 7l. - he said his wife, as he called her, purchased the chairs and bedstead; Harris and his man were with me - the first examination was on the 15th of December; they were remanded till the 29th.
WOLF HARRIS. This waistcoat and trousers have my mark; they are what I sold on that Sunday morning.
SOLOMON SOLOMON . I went to the house with the officer - I am shopman to Wolf Harris, and was so on the Sunday morning the two men came to the shop - the note was delivered to me; I know the two prisoners to be the men I sold the clothes to - I have no doubt at all of it; it was six or seven weeks before we went down to the Police-office the first time - we make no entries of the sale of any goods.
Vinsons Defence. I was going past Harris' shop, and he asked if I wanted to buy any thing - I said No, but he forced me into his house; I said I did not want to buy any thing, but I would take the waistcoat - I then took out the note, and asked him for change; he said he had no change, but I had better buy something for Andrews, who was with me, and he should then be able to get change - he then had a suit of clothes also.
WOLF HARRIS. I did not sell them at all; it was Solomon.
Vinson. He treated us with rum, and asked if we had any thing to sell - we said No; he said if we had, to bring it at any time, and it should be all right.
SOLOMON SOLOMON. I did not say so, nor did any one in the house.
VINSON - GUILTY . Aged 18.
ANDREWS - GUILTY . Aged 21.
Transported for Seven Years .
Before Mr. Sergeant Arabin.
372. LEAH LEVY was indicted for stealing, on the 31st of October , 1 shirt, value 7s.; 1 waistcoat, value 3s.; 2 handkerchiefs, value 3s.; 3 sovereigns, and 20s. , the property of Thomas William Broderick .
LAZARUS LEVY. I am a commercial traveller . I was at Bath on the 29th of October, and sent a brown paper parcel, containing three sovereigns, 20s. in silver, a shirt, flannel waiscoat, handkerchiefs, and some other things, from the York House coach-office, Bath; I have the entry in the book - it was directed to my wife, at my house in Finch-street, London - it was to arrive at the Swan with Two Necks, Lad-lane.
Cross-examined by MR. CHURCHILL. Q. What sort of paper was it in? A. The usual brown paper; I remember the direction - it was fair and legible; it was, "Mrs. Levy, No.8, Finch-street, Old Montague-street, Brick-lane, London;" the ink might have run - it was on brown paper; I am almost certain I wrote, "Carriage paid"- I generally pay the carriage of parcels and letters too; I think I never stated I was sure the ink had not run, but to the best of my knowledge it had not.
THOMAS WILLIAM BRODERICK. I am book-keeper at the Swan with Two Necks, Lad-lane; I remember a parcel coming by the Regent coach, directed for "Mrs. Levy, No, 8, Finch-street or Princes-street," I could not see which; I sent it out by Batten, who brought it back, and I sent him with it again the next day.
Cross-examined. Q. What parcel was it? A. In brown paper; the direction was not clear - the ink had run upon the paper.
COURT. Q. Was it distinct enough for you to tell the porter where to go? A. No, my Lord, it was not.
HENRY BATTEN . I am porter at the Swan with Two Necks, Lad-lane. I had the parcel; I went to different places, and could not find the person - I took it back, and on the Sunday morning I was sent out again with it - I took it to Mr. Samuels, in Princes-street, Montague-street, Whitechapel - I inquired of him if he knew a person named Mrs. Levy; he said he did not, he knew a Miss Levy - the prisoner was going by at the time; Samuel called her over - I told her the parcel was directed for Mrs. Levy, Princes-street, Montague-street, Brick-lane; she said it was right, she had a brother and sister who travelled the country, and she expected a parcel from them - she took it, and paid me 8d., which she borrowed of Mr. Samuel; I gave her the ticket, and went away.
Cross-examined. Q. Did Samuel say there was a parcel for her? A. He said there was a parcel for Mrs. Levy; he did not say for her - the direction was in a bad state; the ink had run - there was No. 8, upon it.
COURT. Q. In what part had the ink run? A. We could not make out whether it was Finch-street, or Princes-street - Mrs. Levy was distinct.
Cross-examined. Q. Are you quite sure it was not Lazarus Levy? A. Yes; she said, "All my parcels are carriage paid;" I said it was so, but there was 8d. to pay for the porterage - she offered to take me to her house and pay me, but she borrowed the money of Samuel; I did not summon her before the Magistrate - I do not know how she came there.
JAMES SAMUEL . I live at No. 14, Princes-street, Mile-end New-town. On Sunday morning, the 31st of October, I saw the porter with the parcel - I have known the prisoner fifteen years; her name is Leah Levy - she is single, and is now a neighbour of mine; the porter mentioned the name of Levy, and I saw the prisoner come through a passage opposite my house - I called her; I do not recollect whether I said Mrs. Levy or Leah - I said, "Here is a parcel, I don't know whether it is for you or not;" she said, "I dare say it is, I expected one from the country from my sister;" she took the parcel - the porter demanded 8d. for it; she said."I have no money with me, if you will go with me I will give it you;" but Mrs. Samuel lent her 8d. - she paid it, and went away with it; I saw her go past either the same day or the next with a parcel in her arms - she said, "What a bother there is with this parcel; I am going to take it to the right owner, it is not for me, but I know who it belongs to."
Cross-examined. Q. Did you observe the state in which the direction was? A. No, I did not see the direction - whether the parcel I afterwards saw in her hand was the same I cannot say - it was a brown paper parcel; I believe she is a bonnet-maker - I know her sister; I have known her ever since her father died - I know nothing against her.
Cross-examined. Q. Did she not say, "such things?" A. No, "not so many."
JOHN CRAWLEY . I am a Police-constable. The prisoner was given into my charge about the 13th of December - she denied taking the parcel; I am sure of that - she said she had not taken the parcel, that her sister had settled with the bail, and the person who had given her in charge, had better mind what she was about - I asked if she had seen the bail; she said No, and asked if I would go with her to her sister - I said No, but I supposed the person who gave her in charge would - she said she did, and they brought the prisoner down to the watch-house, about seven o'clock.
Cross-examined Q. Was that about the bail? A. Yes, she was out on bail - I was not there at the time she gave bail; I was there when she was committed - the Magistrate offered to bail her, if she had bail.
Prisoner's Defence. I received the parcel, and there were a dozen caps, three frills, and three pairs of cuffs in it- they were in a brown paper, and written on "Paid."
JULIA DAVIS . I am the prisoner's sister, and live in Lower Rutland-street, Bedford-square, Commercial-road. The prisoner has a brother and a sister in the country - they were at Bath in October; when my sister was married she found her husband was severe, and she and I made an agreement that she would assist the prisoner, but I was never to suffer any of her husband's family to know it, as he would have used her ill if he had known it - I know parcels were sent to the prisoner, and I have seen them - she is single, a cripple, and an orphan.
COURT. Q. Where is your brother and sister now? A. I do not know - the last time I heard from my sister she gave me a hint that she had sent the prisoner something, and I know they had some thoughts of going to Scotland; she did not know when I should hear from her again - I know they were at Bath in October, as I received a letter from my sister at my own house; I wish I had preserved that letter - it was dated from an inn; they had no settled place of residence - I had but that one letter from Bath; I cannot tell when I had a letter before, or where from - they are always travelling with pencils and pens; my sister said in that letter."I hope my dear sister Leah will do well;" that was the hint agreed upon between us when she meant to send her any thing - she used to send her caps and millinery, which they sell cheaper in the country than they do in London; they have been married better than twelve months - they have no children.
LAZARUS LEVV re-examined. There was a letter in the parcel addressed to my wife, signed by me; and some sweetmeats for the children; I put the number distinctly on the parcel, and the day of the month also.
Cross-examined. Q. Was it so clear a direction that no one could mistake it? A. It appeared so to me; I carried it under my arm - whether I rubbed it or not I cannot say,
GUILTY. Aged 24.
Recommended to Mercy by the Jury . - Confined 6 Months .
373. BENJAMIN LAZARUS , JAMES WARNER . JOHN WARNER , SAMUEL HIGLEY , and JAMES TOWNSEND were indicted for stealing, on the 22nd of December , 2 pairs of tongs, value 6s.; 2 pokers, value 3s., and 2 shovels, value 5s. , the goods of Stephen Hendry .
HENRY MARQUARD . I am a Police-constable. On Wednesday morning, the 22nd of December, about ten o'clock, I was in Cannon-street-road, about three hundred yards from the prosecutor's, who lives in Upper Chapman-street - I saw all the prisoners, except John Warner ; there was a fifth person, but I did not notice him - they were talking together; I passed them, and they walked on - I looked back, and saw them all cross, one after another, towards Chapman-street - I went round my beat, and in about twenty minutes I heard there had been a robbery; I repaired to the shop, and when I got to Mr. Hendry's, I saw the prisoner Lazarus in custody of Mitchell - I said I knew him to be one of the five I had previously seen; I then endeavoured to find James Warner , as I knew him well, and the next evening I took him in Cable-street - after they were committed I received information of Townsend, and he was stopped by another officer in my presence in Well-street, Brick-lane, on the 29th; he did run away.
WILLIAM BOCKEN . I live nearly opposite Mr. Hendry - he is a broker and appraiser . I was in his back yard, repairing some furniture, between ten and eleven o'clock; Mrs. Hendry ran into the yard, and I ran out - Hendry had gone out before me; he ran down Chapman-street, and I followed him - he turned into Ann-street, and then into Chapel-street; I did not see who he was pursuing till he turned into Chapel-street - I then saw three persons running; Hendry was a-head of me - I there saw Lazarus and Townsend take hold of each other's arms, and walk up to the Ship public-house: the third person went another way - we took hold of Lazarus and Townsend; I did not ask either of them any thing - Hendry did, but I do not know what he said; Townsend showed fight - he extricated himself from me, and Copsey, the pork-butcher came up - Townsend got away, but I took Lazarus to Mr. Hendry's
Cross-examined by MR. BODKIN. Q. You say Hendry first ran out? A. Yes - he is here; it was not more than three minutes, I should think, before Lazarus was taken; I did not see any thing on him - he did not offer the slightest resistance; Townsend did, and got away - Lazarus was walking quietly when we came up to him.
WILLIAM HENDRY . My father Stephen keeps a broker's shop. On the Wednesday morning in question, I had put out the fire-irons on the door-post - my wife came into the yard, and said two sets of fire-irons had been stolen from the door; I went out, but did not see any one till I got to Chapel-street, about three hundred yards from my father's - I there saw Lazarus, Townsend, and Higley; they were running when I first saw them - I did not see any thing with them; I took hold of Lazarus and Townsend, and told them to stop - Bocken came up, and I ran after Higley and took him; when I got home I missed the fire-irons - I saw one set of them at the Spitalfields station-house afterwards; I had seen John Warner three days before, lurking about the place, and I think I had seen him that morning.
Cross-examined by MR. BARRY. Q. Are you sure you saw three persons? A. Yes; Higley was taken about two hundred yards from there - I had not lost sight of him- I think Bocken was two yards after me; I had known Higley previous - I did not think he was the man, and I let him go; he said, "Let me go, or else I will make you;" I supposed he was going to show fight, and I did not think he was the person who did it.
Cross-examined by MR. BODKIN. Q. You first heard of it from your wife? A. Yes; I had put the fire-irons out between seven and eight o'clock - I had been at work in the yard, I suppose half an hour before I heard of this; they were outside the house, but on the door-post - I had not seen them since the morning.
MARY ANN NEWBY . I am twelve years old. I live with my parents in Chapman-place. I know the prosecutor's house: on that Wednesday morning I saw Lazarus and James Warner go to Mr. Hendry's house, and take two sets of fire-irons down from his door - they each took one set and ran away; I went and gave information.
Cross-examined by MR. PHILLIPS. Q. You gave in
Cross-examined by MR. BODKIN. Q. How far was Hendry from them? A. Not far, and they had the fireirons - if they had thrown them down Hendry could have see it.
WILLIAM MITCHELL . I am a Police-constable. Bocken came and fetched me to take Lazarus; I took him in the shop, but found nothing on him - I saw Higley the same evening, talking to two females; I asked him where he had been all the day - he said he had not been out all day, till the evening, to buy some steaks, which he then had in his hand; I asked him if Hendry did not stop him in the morning - he said, "I forgot that; I went out to borrow a last of Mr. Jones, in Duke-street;" I went there but I could not find such a person.
WILLIAM HENRY CLARK . I am a Police-officer. On the Wednesday, a little before twelve o'clock, I saw John Warner in Mr. Roper's, a marine store shop, in Old Montague-street, Mile-end, about three quarters of a mile from the prosecutor's - there were two other persons waiting outside, but I cannot exactly swear to them; I went in and asked John Warner what he had in his hand - he said a set of fire-irons belonging to his mother, who had sent him to sell them; I observed the other two run away when I went into the shop - I took Warner to the station-house, and then he told the inspector, who questioned him, that he had found them that morning in Whitechapel, at a quarter-past seven o'clock.
JOHN COPSEY . I am a butcher. On that Wednesday morning I saw Bocken, Lazarus, and Townsend together; I went up to take Bocken's part, as I thought they were going to fight him - a person came up, and pointing to Townsend said, "That is the thief, collar him;" he turned his back to me and ran away - I followed, but lost sight of him; when I afterwards saw him at the lock-up house, he called me, and said, "Butcher, don't say any more than you can help to hurt me;" I said I should say nothing but the truth.
Witness for the Defence.
WILLIAM GILLMORE . I am a boot and shoemaker, and live at No. 10, Thornton-street, St. George's; Higley has been in my employ two years last November, as a journeyman; on Wednesday, the 22nd of December, he had been at work from seven o'clock in the morning - I sent him to a person named Jones for a pair of lasts; he was gone about three quarters of an hour - he then returned to his work, and worked all day; he had an honest character, and attended very regularly - I have known him to work for eighteen hours a day; he went out the same evening, to get some beef-steaks for supper.
LAZARUS - GUILTY . Aged 20.
HIGLEY - GUILTY . Aged 19.
TOWNSEND - GUILTY .
Confined Six Months .
MR. ADOLPHUS conducted the prosecution.
FRANCES SIMS. I am a widow , and the prisoner is my son; I live at Mr. Jenkins' cottage in the Regent's-park , - I never gave the prisoner leave to take, pawn, or sell any petticoat or table-cloth of mine.
Cross-examined by MR. CHURCHILL. Q. How long have you been a widow? A. Twelve years, and have lived fourteen years in that cottage - Mr. Jenkins lives in the New-road; I have not been married since the death of the prisoner's father, and have always gone by the name of Sims - I have four children, the prisoner and one other are entitled to some property on their coming of age, it is between 100l. and 200l,; I do not know exactly - my husband left nothing to the other two - the prisoner has not lived with me ever since his father died; he has been in one or two situations - I never threatened to transport him, and get rid of him.
Cross-examined. Q. Had you seen him before? A. Not to my knowledge; he was in the shop about five minutes - I am quite sure of his person.
GEORGE KING . I live at Mr. Cotterel's, a pawnbroker in Oxford-street - I received this petticoat on the 14th of December; I cannot say who pawned it, but I gave this duplicate - I lent 1s. on it, in the name of John Sims , lodger, No. 1, Quebec-street.
The prisoner put in a written Defence, stating that his mother cohabited with Mr. Jenkins, and that he was not allowed to sleep at home; that he was without a situation and in a destitute condition - that the object of the prosecutrix was to deprive him of property which he was entitled to when of age.
NOT GUILTY .
MR. ADOLPHUS conducted the prosecution.
ELIZA SWELL. I am servant to Mrs. Sims. I never gave the prisoner leave to take or pawn a shift or a shawl of mine - I kept them in a drawer in the kitchen which he had access to.
ELIZA SEWELL. These are my property; I never lived in Quebec-street.
Cross-examined by MR. CHURCHILL. Q. Did you do your washing at home? A. Yes, and so does my mistress - the articles have sometimes got mixed.
NOT GUILTY .
SARAH AMBRIDGE. I am a widow, and keep a broker's-shop ; these brushes are mine; I lost them from my door-post, No. 47, Gray's Inn-lane , on the night of the 31st of December - I saw the prisoner looking in at my door, and then missed them.
PHILLIP BROWN . I work for my brother, who keeps a marine-store shop; the prisoner brought these brushes to our shop in Portpool-lane, to sell them - I took them to my master, who gave me 9d. to give to him.
JOHN MAGNER . I am a Police-officer; I went to Brown's shop, and found these brushes - I took the prisoner the next day - he begged me to let him go, and said he would tell me who the boy was who took them.(Property produced and sworn to.)
Prisoner's Defence. On that night, my father sent me out for a pennyworth of pilacochi pills, next door to the prosecutrix - I saw these brushes on the ground; I took them up, and sold them for 9d.
GUILTY . Aged 18. - Confined Six Weeks .
WILLIAM ARGENT . On Christmas-day, at half-past five o'clock, I saw the prisoner coming out of the King's Arms tap-room window, with this fowl in his hand - I asked where he got it; he said from his own house; I took him into the public-house, but they had not lost it there; I brought him out, and he then said "I had this fowl in the public-house yesterday two or three times" - I said,"Dead or alive," he said, "Dead;" I felt it, and said it was quite warm - he ran away; I pursued, and took him - here are the legs of the fowl.
THOMAS LEWIS . I am the son of Thomas Lewis. On the 26th of December, we missed one of our fowls from the roost in our shed in the yard - the officer brought it the same evening, and we knew it to be ours - I know the feet, because we had taken one toe off; we keep the Nag's Head - the prisoner had been there in the afternoon of Christmas-day, and was rather tipsy.
Prisoner's Defence. I had been drinking, and coming along the road, I saw a parcel of people kicking this fowl about - I took it up out of a joke, walked into the public-house, laid it before the fire, and the people were laughing at me - I knew nothing of its being stolen.
GUILTY Aged 20. - Confined Six Weeks .
SOPHIA DEBENHAM . I am the wife of Frederick Debenham ; we live at Kilburn . On the 21st of December some clothes hung out to dry in my yard - I was washing that day; I saw them all safe in my yard - I went in doors, returned, and missed one shirt; I saw the back of a man, and sent a neighbour in pursuit, who brought back the prisoner.
WILLIAM LEACH . I am a neighbour of the prosecutrix's - she called me, and told me of the circumstance - I went, and overtook the prisoner, four fields from her house - I told him he must go back as a lady wanted to speak to him; he came back, with some words, and we gave him to the Policeman, who found nothing on him - we then went back, and found this shirt by the side of a pond in another field, near the hedge where I had seen him stoop.
Prisoner. Q. How far was I from the place when you took me? A. About three hundred yards from the prosecutor's, and about ten yards from where the shirt was found.
Prisoner's Defence. I was going to West-end - I went back, but I said I did not think there was any one there who knew me - the lady said she had seen a man take the shirt; but I had not been in the yard.
GUILTY . Aged 20. - Confined One Month .
379. MARIA WENLOCK and ELIZA BROCK were indicted for stealing, on the 14th of December , 1 coat, value 10s.; 1 pair of trousers, value 5s.; 1 pair of boots, value 5s.; 1 hat, value 5s.; 1 knife, value 6d.; 1 comb, value 3d.; 1 pair of gloves, value 10d., and 7 penny-pieces , the property of William Jones .
WILLIAM JONES. I am a porter in the City . On the 14th of December I fell in with the prisoner, between twelve and one o'clock at night - I was not particularly sober, but I was not drunk; I had had a pint or two of ale - I had been at a friend's house, and stopped later than I do in general - the prisoners accosted me, and Brock asked me to go home with her, which, after some hesitation, I agreed to - Wenlock went a little way, but I said if she followed I would not go with Brock - I went home with Brock to Wentworth-street, Spitalfields , we went to the one pair of stairs room, and went to bed - the door was locked when I went to bed, and I never heard it opened, but I thought I heard some persons talking near the door in the course of the night - the key was inside; I had undressed, and gone to bed with Brock - I had some halfpence and some silver in my pocket; about seven o'clock in the morning, the Policeman came, awoke me, and asked if I knew what had happened - I looked round, Brock was gone, and all my clothes; I had nothing left but my shirt, drawers, stockings, and a handkerchief, which had been round my neck - I asked him to go to my lodging, and get some clothes for me, which he did.
WILLIAM JONES . These are my property - I had not given Brock any money; I said I would satisfy her in the morning - I did not intend to give them my clothes; I had some halfpence and some silver in my pocket.
Wenlock's Defence. The man met us in Shoreditch, and asked us for a night's lodging; we said we could get him one if he paid for it - we took him to this place; he had but 6 1/2d. - he said he never paid till the morning; Brock said she would not go with him without money, and then he told her to put on his clothes, and see how she would look in man's clothes - she did so, and then he said she did not dare to go down stairs in them, but she did, and we went out.
WENLOCK - GUILTY . Aged 19.
BROCK - GUILTY . Aged 17.
Transported for Seven Years .
NOT GUILTY .
ALEXANDER BROWN. I am a linen-draper , and live in Myddleton-street . On the 22nd of December I lost a plaid cloak, which had been on a line inside my door - I was at home, but did not see it taken; a lad saw it taken - I went out, and saw the prisoner crossing the road, with it over his arm; I pursued him some distance - a gentleman stopped him, and gave him to me; I saw him drop the cloak.
Prisoner's Defence. I did not have it at all.
GUILTY . Aged 13. - Whipped and Discharged.
PHOEBE PALMER . I am the wife of Edward Palmer - he keeps a baker's-shop in Buckingham-place, Fitzroy-square . The prisoner has come to the house for four or five years, with shavings, and on the 17th of December, she came between two and three o'clock; she usually takes her sack down, empties it, and comes up through the passage where we keep the flour; the sack looked bulky when she came up, and I asked what was in it - she said Nothing; I insisted upon looking - she refused for some time; I took it from her by force, and found in it a child's frock made up into a bag, and about 19 lbs. of flour in it.
EDWARD PALMER. I was at home - the flour was mine, to the best of my belief.
The prisoner put in a written Defence, stating that she had bought the flour of a young man in the street, and pleaded poverty.
GUILTY. Aged 28.
Recommended to Mercy . - Confined One Month .
383. ROBERT WHITE was indicted for stealing, on the 10th of December , 1 chest, value 5s.; 1 quadrant, value 3l.; 1 watch, value 3l.; 2 pairs of trousers, value 15s.; 2 waistcoats, value 6s.; 1 pairs of drawers, value 2s.; 2 shirts, value 5s., and 3 handkerchiefs, value 6s. , the goods of Alexander Cook .
JOHN THOMPSON . I keep an eating-house. The prosecutor and prisoner came to my house - they each brought a chest; the prosecutor went to the hospital, as I understood - the prisoner afterwards came, and said he had come for his own chest; I did not know one from the other, and he took the prosecutor's instead of his own - he asked how the prosecutor was.
Prisoner. The witness speaks false in saying he delivered the chest to me, it was a small girl took it out, and delivered it to me.
JOHN THOMPSON . I swear I delivered it to him, and he took it away with a man who was a stranger; the prosecutor's chest was a sort of chocolate colour, and the prisoner's was covered with a tarpaulin - I took him in the street in a few weeks; he told me he had sold the prosecutor's chest for 17s. out in the street.
GUILTY . Aged 23. - Transported for Seven Years .
WILLIAM CARLING. I am a tailor, and keep a shop in High-street, Shadwell . On the morning of the 24th of December I was in my parlour, and thought I heard somebody come into my shop; I went, and saw the prisoner standing close by the window; I asked what he wanted - he said a halfpenny worth of buttons; I told him I was sure it was only an excuse, he did not want to buy any thing - I thought he was a bad character, and if he came there again I should charge an officer with him; he went out, and I perceived the window-sash had been pushed on one side - I missed a waistcoat; I followed, and came up to him, took hold of his jacket, pulled it on one side, and saw this waistcoat under it - I took him back, and took it from him; I know it to be mine - it had hung across the rail in the window; I had seen him, pass and look in at the window several times that day.
WILLIAM MELDRUN . I am an officer. I took the prisoner, and searched him at the station; I found 2s. 3d. on him, and a pack of the best Mogul cards - I had seen him in that street before; I was but three or four doors from the shop when I was called to take him.(Property produced and sworn to.)
ROBERT TYRRELL . I am an officer. I have a certificate of the prisoner's conviction - I took him on the 16th of November, 1827; I saw him tried and convicted here on the 6th of December, in the 8th year of his late Majesty's reign - (read).
MR. STRAIGHT. I know the signature to this certificate; it is Mr. Clark's, the clerk of the arraigns.
GUILTY . Aged 19. - Transported for Life .
Second London Jury - before Mr. Common Sergeant.
385. WILLIAM GREEN was indicted for stealing, on the 30th of December , 4 ozs. weight of gold, value 12l.; 9 tin boxes, value 9s., and 2 padlocks, value 10s., the goods of John Brogden and another, his masters .
MESSRS. PHILLIPS and BODKIN conducted the prosecution.
JOHN BROGDEN. I am a manufacturing jeweller , and am in partnership with James William Garland - we live in Bridgwater-square ; our workshops are behind the house - there is a lower shop and an upper one, and on the ground floor is the privy and the dust-hole; in the upper shop there is a small counting-house, in which is an iron safe - the men we employ are furnished with tin cans, each of which has a patent padlock, of which the man keeps the key, and in which his own materials are deposited; this is one of the cans - they have small boxes in them; sometimes two men work at a bench, and sometimes more - Goodfellow worked at the same bench with the prisoner; the cans are numbered with figures stamped on them, by which we know who they belong to - the business concludes at eight o'clock every evening, at which time it is usual for a boy or some person to collect the cans, and it is the duty of the workmen to have their filings swept up, and to put the whole of their work into their cans; when business presses, the men work overhours, but if the article they are at work on is left out for them, the other gold is put into the cans, as usual, and locked up; the prisoner had been four or five years in our employ - he was perfectly acquainted with the rules of the shop: on the 30th of December we had about twenty men in our employ, and four of them were in the upper shop as learners - the rule as to the cans does not extend to them; the article they are employed on is of trifling value, frequently not gold at all - I recollect there were twenty men in our employ that day, and sixteen cans should have been put into the iron safe.
JURY. Q. Are the work-shops distinct? A. There is a dwelling-house in front; I built the workshops in the yard - the whole is surrounded by a wall; I was at home that night, and received the key of the iron safe.
HENRY CORMICK . I am errand-boy to Messrs. Brogden and Garland: it is my duty to take the workmen's cans every night at eight o'clock, and place them in the iron chest. On the 30th of December I collected them - the prisoner and Goodfellow worked in the lower shop; when I took Goodfellow's can I observed the prisoner's can was not locked, and I did not take that - I took up the cans and a drawer of leaden patterns; when I got up stairs, near the place where I was to deposit the cans, I saw the prisoner - he said to me, "Let me take some of the cans, or else you will let them fall;" I do not know how many I had, but I had carried them up stairs safely - I could have carried them to the safe; the prisoner was not in the habit of assisting me - Goodfellow's can was one of those which the prisoner took from me, to put on the drawer-bench, near the safety-chest; he took them from under my arm - I had no objection; I put the drawer into the counting-house, and then went down - I afterwards saw the prisoner at his bench, where I had seen his can unlocked - his can was not there, and I asked him if it was gone up; I had not met any one going up as I came down - I took up the other cans, but I did not lock the safe; Mr. Hamson gave me the key that night - I opened the safe the next morning with that key; I took out fourteen of the workmen's cans, and one large one containing silver - I delivered the fourteen cans to the workmen; I knew by the numbers who they belonged to - Goodfellow's can, which was No. 15, and the prisoner's, which was No. 22, were not, in the chest that morning; I asked the prisoner if he had got his can, and he said No.
Cross-examined by MR. BARRY. Q. How long have you been in the prosecutors' employ? A. Four or five months: about twenty men where in the prosecutors' employ - I cannot tell how many remained that night; I left at half-past eight o'clock - when I took Goodfellow's can I did not look into Green's can; Green was not there - I do not know how many cans I had; my arms were full - they were placed near the safety-chest; I do not know who put them in - I went out almost directly to a public-house in Bridgwater-gardens; it took me about five minutes to go there and back, but it was before I went that the prisoner said his box had been taken up stairs - I had gone to Mr. Hamson's counting-house, put the drawer in, then came down, and saw the prisoner in the lower shop; I asked him if his can was gone up, and he said Yes - I did not count the cans before they were put into the safe.
COURT. Q. Where did you leave the cans? A. On a board outside the counting-house - I had gone round
WILLIAM RICHARD GOODFELLOW . I am in the employ of the prosecutors - I worked at the same bench with the prisoner. On the 30th of December I locked up my can at half-past five o'clock in the evening - the usual time to leave is eight o'clock, but I left at half-past five o'clock; and if a man leaves earlier it is an invariable rule to leave his box locked up - I left about 18 dwts. of gold in my can; I do not know what would be the value of it - I also left some filings in it, and when it was discovered, the filings were in it; I went to the shop the next day, about ten o'clock, and my can, which was No. 15, was not before my place as usual - I saw Mr. Presant find it in the dust-hole, near the privy; Presant had gone there before me, but I saw them taken from the dust-hole - on the discovery of one, the other was found.
Cross-examined. Q. How long have you worked there? A. Upwards of six years - I have worked over-hours, but not on that night; I had been working on some split rings, and finished them - I had some wire and flatted gold in my can- the padlocks on the cans are all different; my can has three small cans in it - we are not in the habit of showing each other our cans when we lock them; our masters rely upon us for what we put into them - I had finished what I was about, and had no work to go on with; I had not applied for more work for that evening.
MR. BODKIN. Q. Is not the gold weighed to you, and are you not called to account for every grain of it? A. Yes.
JOHN PRESANT . I am clerk to Messrs. Brogden and Co. - I was searching for the cans, which were supposed to be lost; I directed my eyes towards the dust-bin, and there I saw a tin-can - I did not stop a moment, but returned to Mr. Garland in the back counting-house, and wished him to go with me to see it - we went, but I did not touch the cans; the whole of the gentlemen, who were assembled, then went with us to the dust-bin, and I pulled out the cans, one by one, with a small iron rod, till the whole of them, with their locks and their contents as they are here, were taken out; I then gave them to Mr. Brogden.
COURT. Q. Were these little cases out of the cans? A. Yes, some of them were; there were all the fittings of these two cans.
MR. PHILLIPS. Q. Did you see these cans opened in the presence of Mr. Brogden and the other person? A. Yes- I do not know what gold was deficient - I do not give it out; there was only limmel or filings in Goodfellow's can, they are worth 2l. or 3l.; in Green's can there was about two ounces of gold, wrought and unwrought, worth about 6l. - it is two rings and some flatted pieces of wire; I am what is called a cheque-clerk - I have the prisoner's gold book here, in his own hand-writing; on that Thursday night, the total weight of the gold he had was 7 oz. 17 dwt. 17 gr., some wrought and some unwrought, I should think, but I do not know; I found 2 ozs. remaining in the can - the value of the gold missing from his can would be about 14l., and the value of what was missing from Goodfellow's would be about 2l. 15s.; the whole value of what was missing would be about 16l. 15s., which would go in a very small compass.
COURT. Q. Are the rings and flatted pieces in a state in which they would be delivered to the workmen? A. Yes - they are what is called metal.
Cross-examined. Q. You found some pieces of flatted gold in Green's can, which had not been taken away? A. Yes - that is in a form in which it is delivered to the workmen; I do not know whether Green had delivered any work that day - the book does not show any.
COURT. Q. Is that book kept wholly in the prisoner's hand-writing? A. No, the prisoner's, Mr. Hamson's, and mine; if the prisoner had delivered any work he would make the entry himself, and he has not.
JURY to MR. BROGDEN. Q. Was any gold sent to the hall to be stamped that day? A. No gold is ever sent there unless it is in so clear and distinct a form as to bear a name - unless it does, and is so described, it is not received; that must be after the workman has delivered it.
MR. PHILLIPS. Q. Would it not have been the duty of the prisoner if he had manufactured any article, to have entered it as so manufactured? A. Yes.
COURT. Q. It would in no case be the duty of any of your workmen to send goods to the hall? A. No - the article must have our mark upon it, which we keep in our counting-house; we sometimes allow a clerk to stamp it, but the mark never goes from our presence.
JOHN HAMSON . I am foreman to Messrs. Brogden and Garland. On Thursday night, the 30th of December, I locked the safe at half-past eight o'clock - the key is kept in my counting-house till I lock the desk, and then it is sent to my employer's counting-house; I take the key of my counting-house home with me - I went the next morning, about nine o'clock; I opened my counting-house with the key which I had taken home with me - I found all as I had left it; I then opened the chest, and found, only fourteen boxes - I did not particularly count them, but when two were missed - I put the rest into the chest, and there were but fourteen - there are places for them, and we could not put one more or less without knowing it.
Cross-examined. Q. Did you put them in the night before? A. Most likely not, but when the clock strikes eight, I send the boy down to get them - there is another boy, but I did not see him that evening; I do not know who put them in - I saw the prisoner on the Thursday evening; he came to me for some gold, and said he should be excluded from a club from which his wife would receive 30l., if he could not pay 10s. 6d. - I lent him the money; I think it was a quarter or twenty minutes before eight that he first came - I said I had not the sort of gold he wanted, and he came a second time and said an inferior sort would do; I gave him that - I think that was at the time the boy was bringing the cans up; he came to his work as usual the following day - he wanted the gold for a very valuable locket which was wanted in a hurry, and he worked over-hours to do it; I was the proper person for him to apply to; and the boy passed him with the cans.
COURT. Q. Did you look at the cans, or count them that night? A. No; I had no suspicion.
JOHN PRESANT re-examined. Q. What led you to the dust-hole? A. Mr. Garland told me to look; I was looking cursorily about, and the dust-hole came to my
CHARLES BOORE . I am an errand-boy to the prosecutors. On Thursday night, the 30th of December, I put some of the cans of the upper shop into the chest, but none of the lower shop - I put in five or six I should think; I saw all the cans that were in it that night before it was locked up; I did not count them but I know there were two rows, six in a row, and two over, which would make fourteen - I noticed that particularly.
Cross-examined. Q. Is it not usual to count them? A. No; sometimes some of the gentlemen have their cans out and work over-time.
MR. JOHN BROGDEN re-examined. On the following morning I called together the different persons in our employ; whilst they were there Presant made his communication: I was either present when the cans were found, or they were brought to me - I was on the spot - these are the cans; they are now in the state in which they were found; I had previously taken down the names of those who had worked over-hours in the lower shop - I have the list here - (reads) "Green, Moore, Smith, and Stewart;" and those in the upper shop, were "Chamberlain, Palin, Hawkins, Salmon, Sambrook, Presant, a brother of the witness, and Baylis" - I then asked them whether any of them had been down the night before to the privy, but I had previously asked them what time they left, and they all left within ten minutes of each other, about ten o'clock- there was much confusion previous to the finding of the boxes and when they were found, the four men in the lower shop, and Green amongst the rest, said the question is limited now, it is among us, nearly all speaking together, or all acceeding to it - I could not say who spoke first, but that Green was one, is quite clear - they said "It is now in a narrow compass, it is one of us four;" I then said I would take their answer separately, as to who had been down to the privy, and told them to be very circumspect in their answer - I suppose I asked Green first, as his name is down first on the paper, and his answer was, "I did not" - I then asked a second man, and I remember his answer was, "I did not leave my stool;" another said, "I did not leave the shop during the two hours" - there was then only one to be asked, and with surprise I heard him declare, he had not left the shop; I had scarcely said, "This is very mysterious, the boxes could not go by themselves," when Stewart, one of the four, said "With great grief, I state this fact Mr. Green, you did go down" - he said it two or three times, upon which the prisoner with rather violent gestures, lifted up his hands, and said, "Oh! oh! how can you say so Mr. Stewart, I never did go down at all during last night" - Mr. Smith, another of the four, then said, "Oh, yes Mr. Green, you did go down, I also saw you go down" - the prisoner then hesitated, and said, rather sullenly, as it struck me, "Well, I did go down;" I then looked to Moore, another of the our, and he said,"I do not know whether he did or not, as my back was towards him, I could not see" - I then said, "It is clear to my apprehension, that you are the thief," and I sent for the officer.
COURT. Q. Had they all been present at the finding of the cans? A. I imagine they had, but perhaps not; I am quite clear Green said, when I first asked him, he had not been down.
Cross-examined. Q. There were four men in the lower shop? A. Yes, and seven in the upper; the dust-hole is at the extremity of the yard, from the bottom of the stairs; they all go down those stairs to go out, and pass through the dwelling-house, as the back gate was locked - they did not approach the dust-hole to go out; I think Green stated that he left with Moore.
COURT. Q. Does the same staircase lead to the counting-house and the shop above? A. Yes - so that any person working in the lower shop must see a person go down from the upper shop, or up to it.
Cross-examined. Q. The counting-house is on a level with the upper shop? A. Yes; a person could go from there into the counting-house, without being seen by persons in the lower shop.
CHARLES STEWART . I work for the prosecutor. I worked over-time that night, in the lower shop - Moore, Smith, and Green worked with me; the prisoner asked me to stop half an hour later that night, as he was going to stop, and wanted my advice about some work he had to do - I stopped, and went away about ten o'clock; I certainly saw the prisoner go down between nine and ten o'clock, two or three times; I am quite certain he went down twice - I certainly did not go down - I was present on the Friday, and heard the prisoner deny going down, but he afterwards acknowledged it.
Cross-examined. Q. Did you go out of the workshop that night? A. I went up stairs about nine o'clock - I did not know of the cans being placed up there; I did not sit next to Green - I swear he went down twice, and am almost certain he went three times; had he gone but once I should not have noticed it.
CHARLES SMITH . I am in the prosecutors' employ, and worked that night in the lower shop; I saw Green go down twice, and I apprehend he went three times - I was present when he denied having gone down; I did not go down.
Cross-examined. Q. You swear positively to twice, but are not clear about three times? A. Yes, I swear to twice - I believe I went up stairs that night, as the lower shop wanted water, to wash our hands, but I cannot swear it was that night.
COURT. Q. In order for the men who were up stairs to get out that night, would it be necessary for them to come down the stairs into the lower shop? A. Yes, they must all use those stairs.
JOSEPH MOORE . I worked over-hours that night in the lower shop - I did not go below; I have heard Mr. Brogden's evidence - it is quite correct - I know the prisoner was absent once, but whether up stairs or down I cannot say, as my back was towards his board; I heard the boy say Mr. Green's can was not locked, and I remember he was absent a few minutes after eight o'clock.
BENJAMIN BAYLIS . I am in the prosecutors' employ. I was working over hours in the upper shop; I did not go down till I left to go home, which was at twenty-five minutes after nine o'clock - there is a clock in the upper shop- it was five minutes after nine when I came down from
COURT. Q. Where is the privy? A. About three yards from the foot of the stairs, and the dust-hole is, I think, about five yards from that - Green did not return up to his work while I was there; I came down, went through the dwelling-house, and went home - I did not go near the dust-hole.
Cross-examined. Q. How do you know the time? A. I looked at the clock in the upper shop, and at the clock in the lower shop; I and the other men passed about eight yards from the dust-hole to go out.
Cross-examined. Q. Did you go out alone? A. Yes.
Cross-examined. Q. Did you go out alone? A. Yes.
JOSEPH TOVEY . I am in the prosecutors' service. I was there that Friday morning - when the officer was sent for the prisoner took up a knife from my board, and swore he would run it through any one who should offer to take him; he put it under his coat, and he said, As for that old b - r, Brogden, I would shove it into his heart."
COURT. Q. Was any one present at that time? A. No.
JOHN HAMSON re-examined. The chest locks of itself; I saw it locked at half-past eight - I sent the key of it down stairs, and remained two or three minutes; the key is sent down every night to the lower counting-house - I locked the counting-house the chest was in, and took the key home myself; I found it locked the next morning, as usual.
MR. BROGDEN. I keep the key of the iron chest, but not of the counting-house.
Prisoner's Defence. I am innocent of the charge; I could give an account of my time, from the Thursday till the Friday morning - when I went to my club, when I left the shop - and the time I got home and went next morning- I told it to Mr. Garland, and he went and found what I said was true.
MR. BROGDEN re-examined. Q. How does the counting-house stand in the upper shop? A. There is a part partitioned off, which is called the counting-house - the iron chest stands in that; the place on which the cans were deposited is in the work-shop, close by the door of the counting-house - any person dealing with them must have been in view of the persons in the upper shop.
NOT GUILTY .
OLD COURT. MONDAY, JANUARY 10.
Second Middlesex Jury, before Mr. Recorder.
MR. ALLEY conducted the prosecution.
WILLIAM ARCHIBALD ALLEN, I am a painter and glazier . On the 8th of October, about a quarter to three o'clock, I was in the George public-house, George-yard, Whitechapel ; after I had been there about twenty minutes, I saw the prisoner come in at the back yard - there are some houses in the yard - I had brought an action against him - he came and stood by me; I turned round to walk out - he struck a blow at me, but missed me; I looked round to ask what he struck me for, and he struck me again with his right hand - I asked what he struck me for; he made no answer, but struck me and ripped my eye open - I have got the scar now: that knocked me down on the ground - I fell on my left side; I had a bag of sovereigns in my right-hand breeches pocket at that time, for I had my hand on it not a minute before - I had had it in my pocket about an hour and a half; he put his right hand into my right-hand breeches pocket as I lay on the ground, and I held his hand in my pocket - he turned round, kicked me with his right foot, and said, "You b - r, I will now kill you for the old score;" he kicked me with the side of his foot - I then let him take his hand out of my pocket, as I put mine up to my head, and then he kicked at me and fell right over me: there were some people at a little distance - he was upon me when he kicked me; I was on my right side when he fell over me: I got up and ran away - I said, "I will get an officer and fetch you out, Curtis, you sha'n't rob me;" when I got outside I felt in my pocket, and found I had three sovereigns left - he had taken eight; I got an officer and he was taken next morning - he was not held to bail by the Magistrate, but I preferred a bill against him.
Cross-examined by MR. CLARKSON. Q. Do you know a pugilist called Jack, the Painter? A. No; I have been called by that name, but am no pugilist - I never heard myself called by that name but once; that was by Joshua Hudson; I have been called so by a party belonging to this man, but I never answered to it - it is not my name; I was at the Tennis-court last, four or five years ago, or it might be three years - I will not swear I was not there six months ago; I saw Deaf Burke fight a battle once as I was coming through Hackney, about six months ago - I never fought a pitched battle with him; he knocked me down and I fought him - I do not know whether he is a fighting man; I never saw him before in my life - it was eight or nine years ago that I fought with him; we were both boys - it was at the Red House, at Battersea, that I fought him; there were about four people present when it began - it lasted an hour and a half; I do not know how many were there before it was over; it was not a pitched
COURT. Q. Do you play at hustle-cap for large sums? A. Why, they betted me 60l. I never played there but three times - it is called Howard's coffee-house - I was robbed the two first times, and the third I was defrauded of my money - I had been playing at the George three successive days; I was at work.
Q. You were not at work at hustle-cap? A. I was not playing at hustle-cap at this house - I was tossing halfpence up in the air; the money I was robbed of was given me for a particular purpose - I was never charged with housebreaking; I know Goff and Hall - I was never in their custody; I was never charged with breaking into the the house of Thomas Powell.
Q. Were you ever in that man's (Goff's) custody? A I do not know, if I say Yes, whether I tell the truth - I was not charged with housebreaking; I was never in custody for a burglary at the house of Thomas Powell - I never was in the custody of Hall or Goff; if I say I was, I tell a story; and if I say No, I tell a story.
NOT GUILTY .
CHARLES COX . I am a cheesemonger , and live in Cowcross-street . On the 29th of December, about six o'clock, this cheese was about three feet from the window, which was open - a person told me it was taken; I ran out, and took the prisoner with it in his hand - I had cut it but a few minutes before; he said he was in distress.
The prisoner pleaded distress.
GUILTY . Aged 25. - Confined Ten Days .
WILLIAM HENRY NORRIS. I am the apprentice of John Bricknell , of Tottenham-court-road , These articles hung under a little court under our premises, outside the house; I was outside the shop, about half-past three o'clock, and saw the prisoner take them down - nobody was with me, and I could not lay hold of him; I followed him to his house - he lodged just by; I saw him go into his house -I applied to a constable; he was apprehended, and the things found in his house.
GEORGE TAYLER . I am a constable. Norris applied to me - I found the prisoner in an empty room; he appeared to be a smith - I searched a long time, and at last found the things concealed in the chimney; he at first refused to open the door - he said he was innocent.(Property produced and sworn to.)
Prisoner's Defence. I was drinking very freely, and know nothing of the charge.
GUILTY . Aged 34. - Confined Two Months .
Second London Jury, before Mr. Recorder.
GEORGE BICKERTON BAMFORD . I am a clerk in the office of the solicitor of the Treasury. I purchased this pamphlet, (the Prompter,) on the 6th of December last, about four o'clock, at Mr. Carlile's shop, No. 62, Fleet-street - the name is on a tablet in each window; one, "R. Carlile, bookseller," and the other, "R. Carlile, publisher;" a female served me - I gave 3d. for it.
Defendant. Q. Did you receive instructions from the solicitor to purchase the pamphlet? A. I did, and from no other person.
JOHN HANCOCK WESTON . I am a collector of poor's-rates, of St. Dunstan in the West. I produce the rate-book; No. 62, Fleet-street, is in that parish - Richard Carlile is rated as the occupier of that house.
Defendant. I will save the time of the Court, by admitting the publication.
MR. BAMFORD re-examined. I knew of this proclamation being issued by His Majesty's Goverment, (looking at it) - it is dated 23rd of November; I have the Gazette in which it is annouced.
SIR RICHARD BIRNIE . I am chief Magistrate of Bow-street. In November last, applications were made to me at the office, respecting the agricultural labourers, the destruction of machinery, and other illegal practices, such as extorting more wages.
Q. Was there any report as to their being in a state of insurrection? A. I cannot say the word "Insurrection" was used, but I deem the destruction of property insurrection; there were reports of the destruction of property by burning, and it was supposed to be by agricultural labourers - these reports were generally believed.
Defendant. Q. Had any thing come before you officially respecting the agricultural labourers? A. None of them had been brought before me, because they were in other districts, Kent, Sussex, and Hampshire; but applications had been made to me to send men down there -I have no evidence of the agricultural labourers being in a state of insurrection.
JOHN RAWLINSON , ESQ. I am a Magistrate of Middlesex and Hampshire; I was in Hampshire from the 11th to the 23rd of November; and during the last seven days of that time, nearly the whole of the agricultural labourers in my immediate neighbourhood were in a state of insurrection - they were pulling down houses and manufactories, and destroying thrashing-machines principally; there
Defendant. Q. You saw no burnings? A. None; I saw a large mob myself - I saw them enter a blacksmith's shop and seize pledge hammers; I myself took a sledge hammer from the leader of the mob - they afterwards proceeded and destroyed machinery near my own house; the mob almost entirely consisted of agricultural labourers.
Q. Between the 11th and 23rd of November, did you see any copies of the paper entitled the Prompter? A. Certainly not; I never heard of it till to-day - there were daily meetings of Magistrates, and communications were made to Government, but not by me - to my knowledge, in consequence of a meeting at Alsford, Mr. Frederick Baring went up to town for the purpose of seeing the Secretary of State, and he met the Magistrates afterwards with the determination of the Government; that was about the 20th - the nature of his communication was, that there had been very serious outrages committed on his father's property - he went up on the subject; I was not present when he made the communication to the Secretary of State - I never heard of this publication in Hampshire.
COURT. Q. What number did the mob you saw consist of? A. That was not a very large mob, perhaps sixty or seventy persons - they rushed into the shop, and armed themselves with all the materials they could lay hold of; I was lame, and not able to go to where the large mobs were - the largest I saw consisted of, (I should think,) one hundred persons.
Defendant. Q. That was the largest mob you saw? A. I do not think I personally saw a larger - they were dispersed with the assistance of the marines; no great destruction of machinery had then taken place - it is not a very populous neighbourhood; there were a great number of different mobs, taking different directions.
Q. Was any means used to disperse the mob before they began to break the machines? A. Special constable were sworn in; some machines were broken the last Saturday I was there, which was the 20th; I can speak positively as to the 22nd, because they were close to my own house then - I took depositions, as a Magistrate, of their previous acts, on the Thursday and Friday, the 17th and 18th; I did not send a report of that to town - I was not in the Country in an official capacity.
Q. You have no knowledge of these facts being publicly stated in London till the 25th? A. I know Mr. Baring came up on Friday night, the 19th.
S - TWYFORD, ESQ. I am a Police Magistrate, and also a Magistrate of Sussex. I went down into Sussex on the 21st of November, in consequence of a letter from my brother, and from another quarter; I found the gentlemen in the neighbourhood in a state of great excitement, in consequence of mobs of labourers in different places, and I was met by a Magistrate of the County before I reached home, who invited me to his house, to consult on the state of the country - he told me he himself had been mobbed - that a mob collected to terrify him; no property had been destroyed about there - the only thrashing-machine in the part where I was Magistrate, had been openly destroyed in the town by the farmers, in consequence of threatening letters - there were reports that various parts of Sussex were in a state of excitement, called insurrection, and which it resembled; the labourers were assembled in great numbers: at that time the Duke of Richmond had met a large mob, and dispersed it, and two days after his thrashing-machines had been destroyed, in one day; it was understood they were destroyed by farming labourers; I met myself two mobs; and while I was at breakfast next morning we were all called out to attend to a mob of fifty or sixty agricultural labourers, among whom, Sir C. Taylor was surprised to see his own labourers - I heard of several fires while I was in Sussex; I was there three weeks - they were wilful fires; the parties have been tried since - it was reported that they were done by farmer's labourers.
Defendant. Q. Of course you were in Sussex, on the 22nd of November, in the character of a Magistrate? A. Not in the character of a Sussex Magistrate - I went down to protect my own property; I did not sit officially - the mob assaulted me; I got rid of one mob, by refusing to sign a paper which they tendered to me - that mob consisted of about fifty; the paper was a request to raise wages to 12s. a week, for married and unmarried, and a gallon of flour for every child above two; those who were employed by the parish were not to be kept out of work so long as they had been, but to be employed immediately - I do not know the price of food in the neighbourhood; I do not reside there - that mob were not armed; the paper they presented professed to be a humble petition - no violence was used by them; I cannot state the average rate of wages in that neighbourhood - the labourers in my employ are wood-cutters, they are paid by the work; I do not think the mob of fifty used improper language - this is the first day I ever heard of "the Prompter;" I have no complaint of the effects of that paper - I was three weeks either at Medhurst or Petworth, swearing in special constables, in conjunction with my brother Magistrates; I saw one mob of about one hundred and forty.
Q. Did you see any illegal act committed by that mob? A. I state the fact, it is illegal if circumstances are allowed to belong to it - about one hundred and forty labouring parishoners, who came a distance of six miles, and brought the farmers of the parish, as they told me, prisoners. I was then on my way to Petworth, and they told me they had brought the farmers prisoners, to ascertain from Mr. Pointz's steward, what reduction of rent he meant to make; Mr. Pointz is a gentleman of large landed property - the steward was in the midst of this mob; I cannot say on what date this was - I would not swear it was before the 25th of November.
COURT. Q. Were you the Chairman of the Quarter Session at Medhurst, at the time they were swearing in special constables? A. There was no Session then. I am the Chairman of the Quarter Sessions - I have just now returned from them, and have tried all the prisoners engaged in the riots below Chichester - there have been fifteen convicted for riots; eleven men were tried on one indictment, that was for acts arising out of the 17th to the 18th of November, assembling in large quantities and breaking machines in the night time - I tried several cases of riot.
No. 1."- a Constitutional Monarchy is a most ridiculous state of government, more than mimicking absolute monarchy, and perpetsating all ancient follies and abuses. Every thing conspires against a king to tell him that he is something more than man; and all that sort of flattery is calculated to unman him, and to make him less than man. We want no mummeries and nonsense, wherewith to please savages and fools, in the present day."
No. 2." To the Insurgent Agricultural Labourers, - You are much to be admired for everything you are known to have done during the last month; for, as yet, there is no evidence before the public that you are incendiaries, or even political rebels. Much as every thoughtful man must lament the waste of property, much as the country must suffer by the burnings of farm produce now going on, were you proved to be the incendiaries, we should defend you by saying, that you have more just and moral cause for it than any king or faction, that ever made war, had for making war. In war, all destructions of property are counted lawful, upon the ground of that which is called the law of nations; yours is a state of warfare, and your ground of quarrel is the want of the necessaries of life in the midst of an abundance. You see boards of food, and you are starving; you see a government rioting in every sort of luxury and wasteful expenditure; and you, ever ready to labour, cannot find one of the comforts of life - neither your silence nor your patience has obtained for you the least respectful attention from that government. The more tame you have grown, the more you have been oppressed and despised, the more you have been trampled on; and it is only now, that you begin to display your physical as well as your moral strength, that your cruel tyrants treat with you and offer terms of pacification; your demands have been, so far, moderate and just; and any attempt to stifle them, by the threatened severity of the New Administration, will be so wicked as to justify your resistance even to death, and to life for life.
No. 3."Mr. Carlile justified the conduct of the agricultural labourers of the disturbed Counties, and alluding to Earl Grey's threatened severity, he trusted, that, if an effort were made to put down the just discontent of those starving labourers by any other means than that of redressing their grievances, they might be able to rise in their congregated strength, and put down the Earl."
The defendant, in his Defence, admitted the publication - and at very considerable length endeavoared to justify the at - and contended that the matter was not libelous.
GUILTY (on the 2nd and 3rd Counts,) which contained the paragraph marked No. 2.
To pay a fine to the King of 200l. , imprisoned Two Years , and to find sureties for his good behaviour for Ten Years then to come, himself in the sum 500l., and two sureties in 250l. each , and to be imprisoned till the fine be paid and the securities found .
NEW COURT. MONDAY, JANUARY 10.
Fifth Middlesex Jury, before Mr. Common Sergeant.
HENRY LEE . I am a Police-constable. On the evening of the 5th of January I saw the prisoner in Ratcliff-highway , with another boy - I watched them about five minutes; I then saw the prisoner take a dead fowl from the shop of Mr. Hawley - he saw me, and ran away for about one hundred yards; I pursued, and caught him - he dropped the fowl in the road, wrapped up in this blue apron - I took it up, and then took him: I showed it to the prosecutor, who took it from me by force, and put it with the fowls in the window; I could not detain it, as I was afraid of losing the prisoner.
GEORGE HAWLEY . I am a poulterer . On the 5th of January the officer brought the prisoner and the fowl to my house; I took it from him - it would not keep, and I sold it; it was a particular fowl, and it had been inside my window ten minutes before.
Prisoner's Defence. He did not see me take it - he asked where I got it, and I told him at the shop.
GUILTY . Aged 16.
Confined One Week , and Whipped .
JOHN BERRY . I live in Vine-place, Old-street-road , and am a linen-draper . On Saturday, the 1st of January, I was behind my counter, between three and four o'clock; I heard a noise at the door, and in consequence of some information, I went out - I saw a woman and the prisoner; he was about thirty yards from my shop, and had a roll of flannel under his arm - I went up to him, and told him he had my property, which I knew it was; I told him he had taken it from my shop, and I took him back with some assistance - he said, a man had given it him; I looked at it, and knew it was mine - I missed it from my door, when I went after the prisoner; I had seen it safe not three minutes before, secured by a chain; there had been another piece on it, and the noise I heard was of the top one falling, and the chain rattling against the door-post - there were forty-five yards of flannel.
Prisoner. I said a young man had given it me not twenty yards off; I should judge I was three hundred yards when he took me. Witness. No, I think not, he was walking.
THOMAS PUGH . I am shopman to Mr. Davies, in Chiswell-street. I was in the prosecutor's shop - I ran out, and saw the prisoner round the corner with the flannel under his arm; I went up to him, and the prosecutor followed me; he went back to the shop with us.
Prisoner's Defence. I was coming up Old-street-road; I had half a pint of beer at the corner - I went on about three hundred yards, and a person came up in a blue coat, a velvet waistcoat, and mixed trousers - he asked if I was going up the street; I said, "Yes, to Holborn" -
GUILTY . Aged 37. - Transported for Seven years .
ANN PERRY . I am servant to Sir Henry Robarts Wyatt , at No. 68, Lower Grosvenor-street, Grosvenor-square . The prisoner was in the habit of bringing beer and fetching pots from our kitchen, and did so up to the Monday before the 6th of January - I missed two silver spoons from the housekeeper's cupboard, about a fortnight before that - they belonged to my master, and were worth 12s. - the prisoner had been in the kitchen in the course of the afternoon when they were missed; I had seen them safe on the 18th of December, and missed them on the 19th - he had been in the kitchen on each of these days - here are two pieces of silver, which I believe are part of the spoons; they were the same as the housekeeper's; we had six of them, and there are only four now - I have brought one of them; these pieces seem to correspond with it - they all six corresponded with each other, and the four which remain are of the same pattern with these pieces.
Prisoner. Q. Did you see me take them? A. No -I missed them on a Sunday from the kitchen; I never set them in the passage; I set them in the housekeeper's room till I washed them.
JOHN MEDCRAFT . I am a working-jeweller, and live in Davies-street, Berkley-square. On the 20th of December the prisoner came to our shop, and offered two spoons for sale, one broken in two pieces, and the other doubled up - I asked how he had got them; he said they were his own, and his mother had left them to him - he said he had broken them up for his own pleasure, and that he lived at the Bricklayer's Arms, Grosvenor-mews- I went there instantly; I was stating the circumstance to his mistress, and he came in and repeated the same story, that his mother had left them to him, and that he had two dozen more in his box; I felt satisfied, and said that when he came round I would give him the money for them - he came, and I said they came to 6s. 1d.; they were not so valuable as if they had not been broken - he refused to take the money, but took a pin which I had for 8s. 6d.; these two pieces are part of the one which was broken - the other I worked up; this is the spoon the witness has brought, and I have no doubt those I bought formed a part of the same set - there were the initials H. M. W. on them, and it was that excited my suspicion.
JURY. Q. Are there any marks on these pieces? A. No - I used up the pieces which had the marks, and had they applied a day later I should have used these.
Prisoner. Q. You said the pin I had was 8s. 6d., and it was but 7s.6d.? A. Yes, it was 8s. 6d., and you gave me 2s. 6d. - I gave you 1d. and said I would allow you 6s. 1d., which was more than I should if you had taken the money; I swear the pin was marked 8s. 6d. - I produced the ticket of it before the Magistrate.
RICHARD BATCHELOR . I am a Police-officer. I took the prisoner at his master's house, in Grosvenor-mews, on the 3rd of January; I received these pieces of spoon from Mr. Medcraft - I was before the Magistrate, and what passed was taken down in writing.
Prisoner's Defence. I am in the habit of taking ale and beer to that gentleman's house, and one evening I saw something opposite the door, shining - it proved to be a gold brooch; I took it home - I said I supposed it belonged to some of the servants; I took it to the house, and one of the servants said it was his - he gave me 5s., and said he would give me a good Christmas-box; I went there on boxing-day, and before I had said a word he said, "I suppose you are come for your Christmas-box?" I said, "No, I don't think it right to ask for one;" he then said he would not give me one - I thought it odd; I went one morning, and saw a great number of spoons, six or seven dozens, and the footman's clothes there; I took the two worst spoons I could find, broke them up, and sold them to this gentleman - he allowed me 5s. 1d., but instead of taking the money I gave him 2s. 6d, which made 7s. 7d., for the brooch, and was the full value of it.
ANN PERRY . The footman mentioned to me that he thought he had lost his brooch - the prisoner found it, and brought it to him a day or two afterwards; he said he would give him 6d. for a Christmas-box - there was no other plate in the kitchen but the housekeeper's, which was half a dozen tea-spoons, half a dozen table-spoons, and six plated forks.
GUILTY . Aged 18. - Confined Three Months .
393. THOMAS CHAMBERS DUNK was indicted for stealing, on the 14th of December , 10 chairs, value 8l.; 1 set of dining-tables, with centre leaves and ends, value 20l.; 1 side board, value 10l.; 1 clock, value 20l.; 1 mirror, value 2l., and 1 set of chimney ornaments, value 1l. , the goods of Samuel Howard Woodard .
MR. PHILLIPS conducted the prosecution.
SAMUEL HOWARD WOODARD . I am a surgeon . I live now at Bath cottage, Hornsey, but previous to the 27th of November I resided at No. 87, Guildford-street , and up to that day - after that day I still kept a portion of the house- I had advertised the house for sale, I think about three weeks before the 27th of November, and soon after the prisoner applied to the person to whom I had given a reference - I myself saw the prisoner about three weeks before the 27th of November; he called at my house - he stated that he had seen the house, he liked it, and wished to become a purchaser of it - we finally came to an agreement, which is here, as I was not throughly satisfied with taking his bills - he took possession of part of the house, but I kept three rooms and a cellar; the part he took possession of was furnished, and he was to pay ten guineas a week - he continued in possession about a fortnight and three days, when I called in an officer, having missed the articles stated in the indictment - this was on Tuesday, the 14th of December, about half-past one o'clock at night - I was not present when he was taken; my cook gave him into custody - I saw him in custody on the 15th; I got a search-warrant, and went with the officer to a house in Blackfriars-road - I found my set of dining-tables there, and ten chairs; the officer afterwards found the mirror, the
Cross-examined by MR. CLARKSON. Q. When did you advertise to dispose of the house and furniture? A. About three weeks previous to this agreement; the prisoner had applied to Mr. Hughes, a professional gentleman, to whom he was to refer - Mr. Hughes had not authority to treat for the premises; he sent him to me, and I saw him about the second day after the advertisement - he came to live in the house on the 29th of November; his servant took possession on the 27th - he was not in possession, nor did he or his servants sleep in the house till the 27th; I did not receive his bills of exchange till the 27th, and the agreement was executed the same day, except his signature, which he put on the 29th or 30th; it was drawn up before I had his bills of exchange - my solicitor has the bills, I dare say; I had them on the 29th - they were not in circulation then; I did not live in the house after I gave him possession - I was at my country house; I never slept in the house after the 27th - I left my servant there; I had been out of town some months before, but my servant slept there - I think my servant left on the 29th; I am not able to say whether the prisoner had signed the agreement before my servant had left - I think he left on Monday, the 29th, or it might be on Tuesday, the 30th - he left in the evening; I certainly had not left the house altogether, and gone into the country, before the 27th - I had been in the house several days after the 27th, but not to take a meal there - it was previous to my taking the bills that it occurred to my mind to take something else.
MR. PHILLIPS. Q. Is your lady here? A. Yes - she and I were going backwards and forwards from our country-house; I did not go after my cook went till I found out this - I had some furniture in the house, and a storeroom - that was not broken open; part of the furniture was taken away by the cook - I never gave the prisoner authority to sell any of the furniture.
COURT to HENRY LAWLESS. Q. When was the arrangement made? A. It was made in the presence of Mr. Woodard, the prisoner, and myself, on Saturday, the 27th of November - it was arranged in our presence, that I should go into the City, draw that paper, and return at a certain hour in the afternoon, and the prisoner should execute it, but I could not get there in time; I found the prisoner had in the interim given the two bills, and agreed to call at my office, in Tokenhouse-yard, and sign the paper - he had not seen the paper, but he knew the contents verbally; we had talked about the subject.
Q. But your agreement refers to an arrangement for the assignment of a lease, and letting him into possession, when did any difficulty start, and it was suggested to make a tenant of him? A. That was the difficulty throughout, and the agreement was proposed - I had seen the prisoner on the Thursday, but it was not agreed that he should take the things till the Saturday; there certainly was a final verbal agreement on the Saturday, but he certainly was not unconditionally accepted as a tenant, without this paper - that was the very thing we were providing against; there were a variety of agreements and stipulations to be reduced to writing by me, which I did, and the prisoner signed it on the Tuesday.
Q. Did you introduce into that writing any stipulation that had not previously been mentioned? A. There was one stipulation as to the penalty, but I had read all the rest carefully over to the prisoner; the penalty for liquidating damages, I did not call his attention to, till the Tuesday - there might be some parts which might not be understood, but the whole was read over, and I did not consider there was any thing travelling out of the road of the agreement; it was arranged that I should draw up the agreement, making him the tenant of a ready-furnished house of Mr. Woodard's, and on the Tuesday the prisoner adopted that agreement, by signing it, with the clause about liquidated damages being added - I particularly called his attention to that, as it had not been named on the Saturday; I think he signed it between eleven and twelve o'clock - I explained to him, that, under this agreement, he would be the tenant of Mr. Woodard, and it was drawn to keep the tanancy aloof from the legal possession; I explained that to him on the Saturday, and on the Tuesday also - I stated that inasmuch as he was not prepared to pay the money down, he could not expect to be put into possession of the property on such a nugatory security, or to that effect; I will not swear those were the words I used.
JOHN HEALY . I am a law-stationer, and have been brought up to that business all my life. I now work for Mr. Ashurst - I am here accidentally, waiting for another trial; I have counted the words in this agreement - it contains, with the names and attestations, one thousand and eighty words, and eighteen words over - there are seventy-two words in a folio; one thousand and eighty words are fifteen folios - without the names and attestations, it contains only two words over; there are figures, which I have counted as words at length, which is the usual course of business - I have counted some thousands of deeds in my life.
MR. PHILLIPS. Q. How many words do you swear there are independent of the attestations and names? A. One thousand and eighty-two - the attestations and names consist of sixteen words; the signature appears as one word, but it is two words - I counted this No. 65, which some gentleman has put, but that is not part of it; I mistook it - the stamp is for 1l.
The court ruled that the agreement, not being duly stamped, was not admissible in evidence.
NOT GUILTY .
Prisoner. I found it on the road.
WILLIAM LEES . I am a foot-patrol, and stationed at Palmer's-green. On the 15th of December I searched the prisoner's house, at Bowe's farm, Edmonton; he came there while I was in the house - I found this spade under the stairs, in the back room; there have been two letters on the handle, which have first been cut and then burnt with a small iron - he said he knew nothing about it, it did not belong to him - we searched, and found some other things; I said, "You mean to tell me you know nothing about the spade?" "Oh, yes," said he," They are all my working tools - they are my property, and that is enough for you."
ROBERT AUSTIN . My cart had dung in it, and the fork was stuck in the dung; with the handle upright - it had tight hold of the dung; I stopped at the Queen's Head, and saw it when I came away from there - a person could reach it.
NOT GUILTY .
The prosecutor did not appear. NOT GUILTY .
396. SARAH MILLER and CHARLOTTE STONE were indicted for feloniously receiving, on the 5th of January , 1 dish, value 6d.; 1 plate, value 2d.; 1 pair of clogs, value 1s.; 1 jar, value 3d.; 1 petticoat, value 6d.; 2 spoons, value 3d., and 1 inkstand, value 1s., the goods of Michael John Davis , which had lately before been stolen; they well knowing the same to have been stolen .
HANNAH DAVIS . I live in Dean-street, Lisson-grove. Edward Davis is my son. I lost these articles - I knew the prisoners, and on the night of the 5th of January I went to their shop; I saw them both, and asked if they had bought a cut-glass salt of a boy of mine, who had stolen it from me- they denied it, but Miller showed me a pewter inkstand, a white jar, and a blue dish, which she said she had bought of Edward Davis; she had given 2d. for the inkstand, 1d. for the jar, and I think she said 3d. for the dish - I should think the inkstand was worth 1s., the jar 3d. or 4d., and the dish 6d.; the clogs and other articles were produced by the officer at the office.
EDWARD DAVIS . I had known the prisoners about ten days before I went to the Magistrate; they keep a marine-store shop in Lisson-street - I stole some articles from my mother, and sold them to the prisoner; Mrs. Stone paid me for the greater part of them; she paid me 1 1/2 d. for this dish - Miller paid for the clogs and the inkstand; she was in the shop once or twice - I received 3d. for the clogs, 1d. for the jar, 1d. for the spoons, 1 1/2 d. for the flannel petticoat, and 2d. for the inkstand and glass - I asked 4d. for it, and they said they would give 2d.
Cross-examined by MR. PHILLIPS. Q. They both said they would give 2d.? A. Yes; I do not know the expences of a witness here - I do not expect to get any thing; I have a brother, named William - I do not know where he is; I saw him about five weeks ago - I do not know that he was tried and convicted here last Session - I never heard that; I do not know where my father is - my mother never told me; upon my oath, I do not know that he is transported - my mother never told me so; I did hear it once - I never was in any gaol myself; only one, that is Clerkenwell - I cannot exactly say when I got out; it was the second day of the Session before the last.
Q. Now, I advise you to be very careful how you answer me: do you mean seriously to tell me you never were in gaol but once? A. yes, Sir, never but once; I was two or three times remanded - I will swear I have not been in gaol half a dozen times; I never visited any body in gaol - the last place I saw my brother in was at home; I will not swear that - the last place I saw him at was at Clerkenwell; I did not go to see him in Newgate - I never was flogged, and was never in gaol but once; it is about four months since I heard my father was transported; I cannot exactly tell what I did with the money I got for these things; I did not, as I was going from the office, make use of an abominable expression to my mother: I did not speak to her, to my recollection - I do remember something of an expression I used to a young woman who was with my mother; I remember it, but I do not wish to say the words - I did not tell the prisoners that my mother had sent me with these things, and she was in great distress - I saw my father in Whitecrose-street about seven months ago.
THOMAS HENRY THOMPSON . I am a Police-constable. On the 6th of January I went to the prisoner's shop; I saw Miller at the door, and said I wanted a word with her - she came in, and I asked if they had not bought some things of a boy; she said she had, the boy's mother had been there, and she had shown her this dish, this jar, and this inkstand and glass - I asked if she had bought any more things of the boy; she said No, she was sure she had not - I took out a paper which I had received from a brother officer, and said I should search her house; she then produced the clogs, the spoon, and a plate - I then asked her about a petticoat, and she called to stone, who was in the back parlour, to go and fetch it from down stairs; I followed her, and met her coming up with it, but I previously asked Miller why she had denied to the boy's mother having these other things; she said the mother never asked her about them - I then asked why she denied it to me; she said she had not bought the other things, but a friend had, and then she called to Stone- I went down, and saw a little back kitchen; I asked whose it was - Stone said it was hers; there were chairs and tin goods there - I asked whose they were; she said hers, that she had been in the public line, and these were the goods she brought away from the public-house - I asked her if she knew any thing of a saucepan, which I could not find; she said No: I told her to be careful, as Miller had said she had bought some things - she then said Miller was in the shop when the things were purchased, but she was not certain who paid the money; I came up stairs again, and told Miller she must go with me - that Stone said she was in the shop when the money was paid; I do not know what answer she made - Miller stated at the of
Cross-examined. Q. You saw no attempt at absconding? A. No; I saw Edward Davis at the office - I did not hear the expression he made use of; I believe that was when he was in custody before for robbing his mother, but she would not prosecute him; I have heard the prisoners bore a good character - they live about three hundred yards from the prosecutrix.
JURY. Q. Does Mrs. Davis keep a shop? A. No.
Miller's Defence. I did not pay him for the inkstand, but I was present, and there was a poor woman came with some pamphlets, which I did not wish to purchase, but, seeing her distressed, I went to a stationer's over the way, and while I was there the boy stole one of the pamphlets.
MR. PHILLIPS to EDWARD DAVIS. Q. Was any pamphlet found in your pocket? A. No; I took one up, and was looking at it - I offered to pay the woman for it; it was not found in my pocket - I put my hand into my pocket, and pulled it out again; I was going to pay for it.
COURT. Q. Did the woman see you put it into your pocket? A. Yes - I did not sell the prisoners any thing after that.
Miller. I took the book from his pocket, and then I hindered him from stealing a pair of shoes; I said to my friend, "Don't suffer that boy to come to the shop again;" his mother came in the evening, and produced a list - I showed her what she asked for - I was washing the whole of the previous day, and was not present when any thing was bought but the inkstand.
Stone's Defence. We were both present when the jar and inkstand were sold; there was another boy with him - the other said he was not to take 2d., but he said he would.
NOT GUILTY .
397. GEORGE SEED was indicted for stealing, on the 1st of January , 1 plane, value 11d.; 1 square, value 1s.; 1 screw-driver, value 1s.; 1 soldering-iron, value 1s., and 1 rule, value 10d. , the goods of John Landres .
JOHN LANDRES . I live in Little George-street, Chelsea , and am a wheelwright . On the morning of the 1st of January the prisoner came to my house, and asked me to grind an axe and put a handle to it - while I was doing it my back was towards him; he went out once, and came in again - I caught him putting my smoothing-plane into his hat; I said I would give him to an officer - he ran out, and I followed, but could not catch him; he had left the plane and his hat behind him - I had not told him to go but said I would fetch an officer; I did not tell him to go out - this signature to the deposition is my hand-writing; I told him to go, and he ran off fast - he was not brought back to my shop in custody; he was put into custody, but not brought back - it is not true that he was brought back in custody; he did not come again to my shop after he went away - the constable brought these other articles to me; they had been in my shop that day.
Prisoner. I never touched any thing but that plane; I bought the other things at a sale shop in Chelsea, that morning - I asked him if he would lend me that plane for about an hour; I took up the plane and just put it to my hat, and he said," You are going to rob me, you had better go out of my house" - out I went and he after me, crying, "Watch and stop thief!" - then there came twelve Policemen round me, and I killed six of them with my stick - I am the King of Sardinia, and a captain general in his Majesty's service besides.
THOMAS BRANSOM . I am a Police-officer. I followed the prisoner into Westbourn-street Pimlico - he went into a baker's yard and concealed himself in the privy; I stood in the passage, saw him come out, and run across the yard to the wash-house - I followed him into the washhouse, and he had no coat or jacket on - he had a red jacket on when I first saw him, the same as he has on now; it appeared to me to be the same - I found it in the washhouse; I have not said I found it in the privy - I found in it a snuff-box, a tobacco-box, this tin case, a pair of tips, and some nails to go in them, a two feet rule, and a soldering-iron - I said to him, "You must go with me, I am informed you have stolen a plane." he said he had not brought it from the house; I then put up the two feet rule and the soldering iron, and asked if he had any knowledge of them; he said No; I found the rule under the jacket - I then asked him where he lived, he said he could not distinctly tell, but it was in Little Ebury-street- that he had not been near there for many days; I took him to the watch-house, and then went to his lodgings -I found his wife there, and the people of the house said he lodged there; I found a good many articles there, among them was this square and this turn-screw.
Prisoner. I have no question to ask, it is all right; here is George Burnell , up in the City, he will give me the greatest character that a man ever got, for honesty, sobriety, and hard working - I declare to God, I never had any of this man's tools in my hand but the plane; that tin box I had bought that day to put some cash bills in; that rule I do not know any thing about; I have five of them at home myself, and that screw-driver is mine, the plane would not go into my hat; I took it in my hand and put my hat on - I gave 1s. for that square on new year's-day morning.
THOMAS BRANSOM re-examined. Q. Had the prosecutor told you what he had missed? A. No, here is a mark on this square, which is the only thing marked.(Property produced and sworn to.)
MR. GILBERT McMURDOCK . I am a medical man, and am employed in this prison; I have seen the prisoner daily since he has been in custody, and have taken particular pains to ascertain the state of his mind, and he has related his adventures to me so connectedly and so consistently that I entertained some doubts as to his insanity, but within these last two or three days my conversations with him have been longer, and I have some doubts of his being of sound mind; from the appearance of his head, from an injury he received in battle, I am led to conclude that his brain has been affected - the external mark of violence leads me to conclude his brain has been injured; it is such an injury, as liquor frequently operates upon, to deprive persons of their senses - he says he has a plate in his head; I have not detected it to my own satisfaction, but there is a depression on the scull.
Q. Then Sir, as a person of science, do you, on your oath, believe him to be deranged or not? A. I believe him to be of deranged mind, my Lord.
NOT GUILTY, being insane .
WILLIAM JACOBS was indicted for stealing, on the 5th of January , 1 silver spoon, value 8s. , the goods of John Bartholomew .
SARAH PAIN . I lived servant to Mr. John Bartholomew , at the Red Lion, Southall, in the Uxbridge-road . A silver spoon was lost from there; I saw it again in the patrol's possession last Tuesday - I believe it to be what was lost, from there; this is it.
Cross-examined by MR. PHILLIPS. Q. When did you miss it? A. About twelve months ago; I know nothing of the prisoner.
NOT GUILTY .
JAMES BASS . I was standing with Clarke, the Policeman, on the evening of the 5th of January, and saw the prisoner near Mr. Loveridge's shop, about half-past five o'clock - there were two other boys with him; the prisoner put his hand through a broken square of glass, took out half a ham, put it under his coat, and ran off with it.
Prisoner. We were not near the window. Witness. Yes, you were by the shutter-box, with two other boys.
CHARLES CLARKE . I am a Police-constable. On the evening of the 5th of January I was in Crawford-street, and saw the prisoner with two others - I saw the prisoner take half a ham from the broken square of glass at Mr. Loveridge's shop, put it under his coat, and ran off with it; I pursued, and took the whole three - the prisoner had got about thirty yards from the shop; when I took him he said"I have not got the ham;" I took him and another back to the place - they are continually about there; they had turned up Hector-place.
WILLIAM LARECOMB . I am shopman to Mr. John Loveridge; he lives in Crawford-street . The prisoner was brought to his shop; I missed a piece of ham, about 4 lbs., which I had cut and put into the window - I had seen it about ten minutes before; it was worth 2s. 6d. - I had seen the prisoner the same evening, and ordered him away; the ham could not be found.
Prisoner's Defence. I was not near the window.
GUILTY . Aged 15.
Confined One Month , and Whipped .
THOMAS TURTON . I lost a waistcoat one Monday, about four months ago; I did not see it till the 6th of January - I had seen the prisoner skulking about, and I used to think he was a poor boy ; I used to give him a bit of victuals or get him some work - I found him at the West India-docks, with my jacket on; I am a lighterman , and live at Northfleet.
Prisoner. Q. How do you know it? A. By the buttons and the make of it - it is about half worn out; he watched me home the night I lost it, then went to my cabin, and the young man let him sit by the fire.
WILLIAM WELLER . I am a lighterman. I lost my shirt from the same cabin - I saw it again in the West India-dock, where the prisoner had it on; I had worn it, and know it by the make, the size, and the appearance of it.
JOHN SUTTON . I am a Police-officer. I took the prisoner in the West India-docks on the 6th of January - the waistcoat was taken off him at the time, but the shirt was not till he was before the Magistrate.(Property produced and sworn to.)
Prisoner's Defence. My mother paid 1s. 6d. for that shirt, and I bought the waistcoat for 11d.
GUILTY . Aged 19. - Confined Four Months .
401. ELIZA ATKINS was indicted for stealing, on the 28th of December , 1 shift, value 3s.; 1 shawl, value 1s.; 1 pelisse, value 3s.; 1 pair of shoes, value 1s. 6d.; 1 pair of bracelets, value 1s.; 2 pairs of ear-rings, value 4s.; 15 books, value 8s.; 34 combs, value 12s.; 1 bonnet, value 5s.; 3 pairs of stockings, value 1s.; 1 frock, value 2s.; 2 handkerchiefs, value 1s.; 1 silk dress, value 8s.; 1 bottle, value 6d.; 2 petticoats, value 2s.; 1 box of paints, value 3d.; 1 apron, value 6d.; 1 cap, value 6d.; 1 jacket, value 6s.; 1 purse, value 1d., and 2 knives, value 1s., the goods of Samuel Carvalho , her master .
SARAH CARVALHO . I am the wife of Samuel Carvalbo- he is a tortoiseshell and ivory comb-maker , and lives in Charles-place, Hoxton . The prisoner came into our service on the 11th of November, and in the morning of the 28th of December I heard the street door shut - I called the prisoner, but had no answer; I got up, the prisoner was gone, and there was a candle burning in the washhouse - I missed her clothes and a sovereign, which she said she had found a fortnight before - she had not left any thing behind - I had, on the 25th of December, missed a dozen of ivory combs, and when she was gone I missed the articles stated; I had seen the rest of them two days before - they were worth 2l. 17s. 7d.
JOHN JOHNSON . I am a Police-officer. On the 5th of January I stopped the Sudbury coach - the prisoner was outside, and had a box with her; the coachman took it out, and gave it to the porter, who gave it to me - I took it to the prosecutor's, where I opened it, and found all these articles.(property produced and sworn to.)
Prisoner. I am very sorry, indeed.
GUILTY. Aged 15. - Judgement Respited .
Second London Jury, before Mr. Sergeant Arabin.
JOHN BENTLEY . I live in Fleet-street , and am a hosier . On the 13th of December I had been out on business, and returned at six o'clock in the evening; I looked at my window, and it was as I had left it when I went out - I went in, took tea, and returned; I saw the window had been cut from the bottom, a piece taken out of the glass, and,
Cross-examined by MR. PHILLIPS. Q. You cannot tell exactly when these were safe? A. I saw them in the morning when they were put into the window, and they were safe at six o'clock when I returned, I believe - whether the whole of them were there, I do not know.
HENRY STOCKING . I am a pawnbroker, and live with Mr. Maslin, in the Westminster-road. I have twenty silk handkerchiefs, pawned by the prisoner, on the 13th of December, about half-past seven o'clock in the evening - he came in a violent hurry, went into the box, produced nineteen handkerchiefs and his coat, and wanted 3l. - I could not lend it; he then pulled out a separate one, and I said,"With that, I can make it 3l." - he said," Very well," but wished to have a separate duplicate for that.
Cross-examined by MR. CLARKSON. Q. Had you known him before? A. Yes; as pawning things for many years - I knew his name, but he had removed; he came the next morning, and redeemed the coat, by paying 15s. - he gave the address Agnes-place; we went there, but could not find him - I knew where his sister lived; I went there and they said it was No. 14, Agnes-place - I could not find him there; it was an uninhabited house - my employer has known his family fifteen or twenty years; I have been there seven or eight years, and known him by coming to the shop.
JOHN BENTLEY. These are part of my handkerchiefs.
Cross-examined by MR. PHILLIPS. Q. How many are there which you swear to? A. Eight; I have seen some more in the possession of a pawnbroker - I believe they are all British; some of them have my private mark on them; here is one with it on.
Q. Is it a mark in use in the shops in London? A. Certainly it is, though not in common - this I can positively swear is my own mark.
Q. Did not you swear it was a common mark? A. I considered you alluded to the letter of the mark, but this I positively swear is my own mark.
The prisoner put in a written Defence, stating that he had purchased twenty-nine of the handkerchiefs of a hawker at half-past seven o'clock in the evening, on the 13th of December, at the Equestrian coffee-house, near the Surrey theatre.
SAMUEL BAILEY . I am a commission-agent and merchant. I was at Mr. Wardle's coffee-shop, next to the Surrey theatre, on the evening of Monday, the 13th of December - I saw the prisoner there; I have known him from a boy - in the course of the evening I saw a tall, stout man come in with a bundle of handkerchiefs for sale; he offered them to me, but I did not buy them - he then offered them to the prisoner; he then offered a price for the whole of them, and, I believe, purchased them - when they had agreed, they went out together.
COURT. Q. What coffee-house was this? A. It is called Johnson's, but a man named Wardle keeps it - the prisoner is a general dealer, and an accoutrement-maker, and latterly he has transacted business for himself; when I knew his working place it was in the Borough-road - I do not know whether he is a master or a journeyman; he has lived at No. 31, Bond-street, Borough-road, within twelve months - he has been a general dealer since I have known him; I cannot say whether I ever knew him to buy silk handkerchiefs before - the parcel was opened, but I cannot say whether these are any of the handkerchiefs.
NOT GUILTY .
Fourth Middlesex Jury.
JAMES KENNEDY. I am a Police-officer . On the 1st of January, I was out on duty, and left my coat safe in Wapping watch-house , between nine and ten o'clock in the morning - I missed it a little after ten, and have never seen it since; the prisoner was in the watch-house, and no one but him - I left him there, as he had no place to go to; he said he took it.
prisoner. I came out of the watch-house door while you came from Mr. Fell's over the way. Witness. He was not there when I went back from breakfast.
FRANCIS FAGAN . I am an inspector of the Police. I remember the prisoner being at the watch-house - I allowed him to stay there at night out of charity; the witness went to breakfast - when he returned the prisoner was gone, and the coat was missed; I spoke to the prisoner about it - he said he gave it to a man to a man to sell, but he did not know him; I did not leave that morning.
Prisoner's Defence. When I was coming out the prosecutor went twice over to the public-house; he was coming out at the time, and it was impossible for me to go out with the coat, without his seeing me - my reason for saying I took it, was, because I wished to get out of the country; I never saw the coat to my knowledge.
NOT GUILTY .
CHARLES CLARK . I am a Police-officer. I know Mr. Brown, he lives in Stingo-lane . On the 5th of January I saw the prisoner in the lane, runing with a pair of trousers, fifty or sixty yards from his house, and heard Stop thief! called; I saw the prisoner throw the trousers down - I pursued, and took him; a boy took up the trousers and gave them to me.
JOSEPH BROWN. I keep a clothes-shop , in Stingo-lane. I lost these trousers from inside my door - I did not know the prisoner; these are my trousers.
GUILTY . Aged 17. - Confined Three Months .
MR. CHURCHILL conducted the prosecution.George-inn, Edgware . On the 31st of December, I went with my master's waggon - Eltridge drove it; it had a load of hay, and two trusses of hay for the horses -Edgware is on the road to London, and when we got to the George I saw Eltridge get up into the waggon, and throw one truss of hay down, Lee took it, and carried it into his loft; I did not say any thing then, but I told of it the next night, which was Saturday, and the prisoners were taken on the Monday; that truss was one of those I had seen put on the waggon.
Cross-examined by MR. HEATON. Q. How long have you been in Mr. Moate's service? A. Since Michaelmas Eltridge was there; I assisted in loading the waggon - I had not left the waggon; I do not know what was done with the hay afterwards - we were in the habit of calling at that inn, and giving the horses corn, but never any hay there; I have never had any quarrel with Eltridge -I did not hear him say any thing to Lee; there were two examinations before the Magistrate - I said both times that it was a truss of hay; I saw the hay loaded, and these two trusses were for the horses.
Re-examined. Q. You found your own hay for the horses? A. Yes; it was not the practice to give out hay- Lee took it up, and said nothing.
COURT. Q. How far is your master's house from there? A. About twenty miles - we had four horses; I went up with the load; it was sold in London - all the hay was my master's; there was a load and three quarters on the waggon, and the two trusses for the horses; we stop at the George, in going down - I do not know what had become of that hay - the horses never had it, they had the other truss; they had corn at the George.
Cross-examined. Q. Can you read? A. Not much.
SEPTIMUS RICHARD MOATE. William Eltridge is my carter. I sent off the load, and the two trusses of hay for the horses; they stop at the George, but do not have hay there; it is not usual to throw a truss down.
Cross-examined. Q. Had you ever prohibited them from giving hay? A. It is the general rule not to give hay at the inns, but chaff and corn; I do not know that I ever laid down that rule to Eltridge in particular - I had not told Lee he was not to buy any hay of me.
Re-examined. Q. Is it your practice to sell single trusses on the road? A. No.
Eltridge. It was not a truss.
JOHN BROWN. It was a truss of clover hay.
Eltridge. I threw it down for my horses to eat.
Lee. And I took it into the yard - Eltridge took it out again, and put it on the front of the waggon.
JOHN BROWN. It was not taken up again.
Cross-examined. Q. Did you see the waggon all the time you were at the inn? A. No.
ELTRIDGE - GUILTY. Aged 30.
Recommended to Mercy by the Prosecutor .
Confined Six Months .
LEE - NOT GUILTY .
JOHN GREEME WINTER . I live in High-street, Marylebone ; the prisoner was my errand-boy , on the afternoon of the 14th of December. I was in my counting-house, and he was in the shop; I heard the till rattle, as if it were shut - I came out, and saw the prisoner behind the counter- I suspected he had something; I sent him out of the shop, and as he went out I thought he stooped, as if he were depositing something; when he was gone out I looked at the spot and saw three shillings, with a piece of bacon covered over them - I took out my knife, marked the shillings, and left them there; I went into the counting-house, and as the prisoner came in I saw the bacon move - I went and the three shillings were gone - I asked where the three shillings were; he said he had not had them - a young man came in. and said he would go for an officer; the prisoner said, "Pray don't," and he gave me three shillings out of his mouth; I suppose they had come from the till, by the rattle.
Cross-examined by MR. CHURCHILL. Q. Is that your only reason for supposing they came from the till? A. Yes- I had not counted the money in the till; I suppose they were mine - I said I would blow his brains out if he did not give me the money, but he did not give it to me till the man said he would go for an officer.
Cross-examined Q. But can you swear it was ever in your possession before it was under the bacon? A. No, nor any one else.
NOT GUILTY .
WILLIAM OSBORN . I am a Police-constable. I know the shop of Mr. Thomas Savage, No. 213. Tottenham-court-road . Between five and six o'clock in the evening, on the 31st of December, I saw the two prisoners and another in company - they passed the prosecutor's shop two or three times; Seelie then placed himself against the door - Raeburn stood on one side of him, and the other on the other side; they looked round three or four times, to see if any one was coming - Seelie then turned round, put his hand inside the door, and took out two pairs of stockings - he went away, and Raeburn went up to him and had his hat off to put the stockings in; Raeburn looked at them -Pritchard came up; I said, "They have got them;" we crossed, and they ran off in different directions - I ran and caught Racburn; Pritchard brought Seelie, with the property.
WILLIAM PRITCHARD . I was with Osborne - what he has stated is true; I did not see the stockings taken, but I saw them stand against the shop, and heard him say"They have got them; I ran and caught Seelie - the moment I took him he dropped these stockings out of his hat.
Seelie. Q. Did I run? A. Yes, you all ran.
Seelie. Q. Were they in the shop? A. I paid parti
Raeburn's Defence. A man trod on the heel of my shoe - I told him not to do that again; he ran after me across the road, and the Police-officer took me back - he said I was with this boy, but I had not seen him.
Seelie's Defence. I left home to go to Kensington, and the Policeman ran after me; a parcel of boys ran by, and one of them dashed down the stockings at my feet.
SEELIE - GUILTY . Aged 15.
RAEBURN - GUILTY . Aged 15.
Transported for Seven Years .
JAMES DONNELLY. I got it from Brewer.
Prisoner. Q. Did you see me sell it to your brother? A. Yes, in our tap-room, at the Duke of York, Portland-town, about a week before I got it out - my brother is not here; I could not read the duplicate, but it got the waistcoat out.
JAMES DONNELLY . This is my waistcoat - I missed it on the 18th of December, from the little cottage, where our servants sleep at night; it was pawned on the 23rd of December, and taken out on the 4th of January.
Prisoner's Defence. I was in the tap-room when the witness released the waistcoat, and staid till eleven o'clock at night.
NOT GUILTY .
ANN WRIGHT . The prisoner is my son - he took this gown from my drawer one morning, before I was up, to get himself a breakfast - I have six children; the prisoner has been a good lad - I have allowed him to pawn things, and he might have believed he had permission to pawn this.
NOT GUILTY .
OLD COURT. TUESDAY, JANUARY 11.
First Middlesex Jury, before Mr. Sergeant Arabin.
410. WILLIAM JOHNSON and WILLIAM KNOTT were indicted for stealing, on the 14th of December , 1 watch, value 15s.; 1 shawl, value 20s.; 2 handkerchiefs, value 5s.; 2 sovereigns, and 6 shillings , the property of William Litchfield .
SUSAN LITCHFIELD . I am the wife of William Litchfield - we live in Smith's-buildings, Long-lane, Bermondsey ; he is a parchment-maker . The prisoner Johnson is my son by a former husband; I missed this property from various parts of the house about the 14th of December; he was away for about a year and a quarter, when he was apprentice d, but has been at home for about seventeen months - he had a bad master, till the morning in question, when he got up as usual, and went to work, but did not return till he was apprehended; I know nothing of Knott.
JOHN LEWIS . I am a Police-constable. On Tuesday morning, the 14th of December, I was at the Three Hats public-house, Islington, and as I went out Knott came in with a stone bottle, and called for a pint of old Tom - when I got by Liverpool-road I saw Johnson standing there, with new clothes and a whittle on - I questioned him as to who and what he was, and where he was going; he said his name was Litchfield - that he was a parchment-maker, and was going to Birmingham, to look after work; I asked who he worked for last; he said Benjamin Long, of Newington-butts - I said," Are you not waiting for somebody?" he said, "Why?" I said, "Because a lad has gone in for some gin, dressed as you are, and I think you are companions;" Knott came and joined him - I took them to our station; Johnson said he had 14s., but I found he had 20s., and a metal watch in his pocket - a pair of gloves, a knife, and a silk handkerchief; I asked him who the handkerchief belonged to - he said his father, and the watch to his mother, and that he took them out of a box; I searched Knott, and found a cotton handkerchief and a silk shawl I wrapped in it, in his coat pocket - he said it belonged to Johnson, and he was taking care of it for him - that they were going to sell it to help them on the road; he had a pair of worsted gloves on, the same as Johnson.
MRS. LITCHFIELD. This is my watch, and was left in the front room - some of the handkerchiefs are ours; I went to Hatton-garden, and they told me I must prosecute, but my son behaved well before this; it is through his very bad master - he is my only child; I would take him home again.
Johnson received a good character.
JOHNSON - GUILTY . Aged 17.
Whipped and Discharged.
KNOTT - NOT GUILTY .
SAMUEL EWINS . I am a bookseller . On the 30th of December my gig stood at the shop of Mr. Senior, a bookseller, in Regent-street - I was in there a short time, and on coming out, after driving a short way, I missed my umbrella from under the straps of the gig; I saw it next morning.
WILLIAM BIGGS . I live in Stonecutter-alley, Little Queen-street, with my father, a pocket-book maker. Between six and seven o'clock in the evening, I saw the prisoner looking in at Mr. Senior's window - I saw him leave the window, walk straight up to the gig, and take the umbrella from under the apron, under the strap; he walked off sharply towards Burlington-street - I ran after him, calling stop thief! down New Burlington-street, and he
Prisoner. Q. Did you hear any body besides yourself call stop thief? A. Yes, one man; a gentleman offered to let you go if you would give up the umbrella.
THOMAS MAYHEW . My father is a shoemaker - I was with Biggs when the prisoner was looking in at the window, and saw the same as he did; the prisoner is the man- I was knocked down by a woman in the middle of the street, and lost sight of him.(Property produced and sworn to.)
Prisoner's Defence. I was looking in at the window, turned round, and saw a man behind a gig, attempting to take a cloak; I crossed over - he took the umbrella, and ran away; I pursued him, calling Stop thief! a coach stopped me for a minute, and I did not overtake him - I picked up the umbrella; when I got further I saw a mob, and thought the man had been rescued - they collared me, and said I should not go further; I said I would go into the shop the umbrella was taken from - the two boys came and said I had stolen it; they said I might go if I gave it up - I said I would not till I saw the right owner; I walked on till I met the Policeman, and gave it into his charge.
GUILTY . Aged 21. - Transported for Seven Years .
BENJAMIN JONAS. My father, Benjamin Jonas, is a tailor and draper , and lives in Oxford-street . On the 16th of December, about half-past five o'clock in the evening, I was in the parlour at tea, with the glass door open, and saw a person in a white fur poodle cap, look into the shop two or three times, and in three or four minutes he came into the shop, went up to the window, took a cloak, and ran away into the road - I ran out, followed him, and saw him go towards Hanover-square, dressed precisely the same; he got between a coach, and cart in the middle of Oxford-street, and there I lost sight of him - I called stop thief! and when I got to Hanover-square gates, two or three persons standing there, directed me down Oxford-street; I could see a long way down the street, as there was a number of lights, but I could see nobody before me - a Policeman came up to me at the corner of Bond-street; he went to Hanover-square, and I down Bond-street, and Brook-street, and at the corner by the Earl of Crawford's, met the prisoner with the cloak under his arm - I collared him; he struggled hard to get away - I called for assistance; a lady and gentleman came up, and with assistance, I took him back to the shop- he was dressed in a white fur cap, and an apron tucked up round him, exactly the same as the man; I do not swear to his person - the road was particularly dirty, and he said he found the cloak in the road; it was quite clean - I gave him in charge.
Cross-examined by MR. CHURCHILL. Q. Do you swear he said he found it in the road? A. Yes; not on a railing - our parlour door directly faces the shop door, and is about fifteen feet from it; it was quite dark - he was taken in five or six minutes after he left the shop; I described his person to the people at the square gate - I spoke to the Policeman without stopping; I had slippers on, and left them in the road - I could not observe his face; I saw him two or three times - he was dressed as a working man; nobody told me they saw the cloak taken from the rails - the Magistrate thought it unnecessary for the Policeman to be here.
JURY. Q. Have you any fence to your shop window? A. He came three feet into the shop to take it.
Prisoner's Defence. I was passing in Regent-street, and saw the cloak laying inside some railings on the right hand side of the way; I saw somebody on the other side of the way - I picked up the cloak to see what it was; a plasterer on the other side of the way saw me pick it up, and told the prosecutor he need not hold me, for he saw me pick it up - the prosecutor said, "That is nothing to me."
GUILTY . Aged 19. - Confined Six Months .
Before Mr. Recorder.
JOHN THOMAS COX. I keep a bookseller's shop , in Red Lion-court, Holborn . On the 21st of December, about ten o'clock in the evening, I was looking through the parlour window, and saw the prisoner come into the shop, put his arm across the top counter, and take three Prayer-books; I instantly opened the door, ran out, and took him about ten yards off, with them - he said he was a distressed tradesman, and was sorry for what he had done.
The prisoner pleaded poverty.
GUILTY . Aged 29. - Confined Six Weeks .
Second London Jury, before Mr. Recorder.
414. SAMUEL DAVIS and EDMUND SIMMONS were indicted for stealing, on the 21st of December , 2 silver ornaments, called bells, value 7l.; 1 silver instrument, called a pointer, value 10s.; 6 rollers, value 25l., and 1 box, value 5s., the goods of Moses Ansell ; and that the said Edmund Simmons had been before convicted of felony .
MR. ADOLPHUS conducted the prosecution.
MOSES ANSELL . I am secretary to the synagogue in Dukes'-place ; the plate and other property there is under my care - my house is attached to the synagogue; I am answerable for the property if lost. On the night of the 20th of December last, the synagogue was broken open - a win
Cross-examined by MR. CLARKSON. Q. You have found none of the stolen property? A. No.
ELIZABETH SEDDONS . On the 20th of December I cohabited with the prisoner Simmons, at No. 22, Elizabeth-street, Waterloo-road - Sol Davis , the nephew of the prisoner, Samuel Davis , lived in the same house; on the 20th of December, I drank tea in company with Simmons - Wilkinson and Ann Hilyard drank tea with us; they sat down to tea with us - Samuel and Sol Davis both came in before tea was over - Samuel Davis said to Simmons and Wilkinson, "We will put you up to a good thing, and we will share the money;" he said,"I am going to the Jews' synagogue, in Duke's-place, at four o'clock, and you will meet me at Mr. Hicks', the Lion;" this conversation took place about ten minutes to four - he was to meet him at the Lion public-house, Pearl-row, Blackfriars-road, and they were to go first, (Sol and Samuel Davis ) - Simmons and Wilkinson were to follow them - Hicks' is about a quarter of a mile from where we were: Sol and Samuel Davis went first, and the others followed in about half an hour - I staid at home, and about six or half-past six o'clock that evening Wilkinson and Simmons came in, and both laid down; they told me to call them about ten, for they were going to the synagogue - I called them about ten, and went with them to the Crown public-house, at the corner by the obelisk; they did not go into the house - I saw Solomon and Samuel Davis there, both together, talking to them, and they all four went away talking together; Simmons was dressed in sailor's clothes, as he is now - Wilkinson was dressed in a dark olive dress; he wore a coat - they all went away together; I saw nothing more of them that night - I awoke about six o'clock in the morning, and found Simmons had not come home; we had only been living together a few days - finding he had not come home, I knocked at Sol Davis ' door, and he gave no answer; we call Solomon Davis Sol - I said, "Sol, where have you sent them to?" he said,
"I have sent them to the Jews' synagogue," and if Simmons was not come home, he was taken up for the robbery; he said, "You must go to Worship-street, to inquire there - if you don't find him there, go to Guildhall, and if you hear nothing there, go to the Mansion-house;" a young woman, they call Laura, cohabited with Sol in that room - I went to those three places, and heard nothing of them; I returned home, and in the evening I saw Simmons and Wilkinson, about nine o'clock, at the Crown, at the Obelisk; Simmons asked me if I would take any thing to drink - I said No, and asked where he had been: he made no answer - he pulled out half a sovereign, wanted change for it, and said he had plenty of money; he had nineteen sovereigns and 7 1/2d. - that included the half-sovereign - he said he had got it by property he had stolen from the synagogue; he said this inside the Crown; I had never before seen him in possession of above half a crown, during the time that I lived with him - Sol and Samuel Davis came into the Crown about a quarter of an hour after; I did not sit down and drink there - Samuel Davis said, "Where is Edmund and John?" I said, "In there," pointing to the tap-room- Samuel said, "If they behave wrong to me I will do the same to them;" they then went into the tap-room -Wilkinson and Simmons had left before they got in; Samuel and Sol went straight down to Hicks', the Lion - I went with them; they called Simmons out, talked together, and drank together, but I did not hear their conversation; next day Simmons had two new long coats on, a new belcher silk handkerchief and a new pair of shoes; on the Sunday following inquiry was made of me about another robbery, and Simmons was taken up that Sunday night - I then disclosed to Hammond, the Police-officer, what I knew about it; I was examined four times before the Lord Mayor - it was mentioned at the examination on the Thursday, that a phosphorus-box had been found in the synagogue; I was sent out of the justice-room before I had seen that box - it was shown to me when I came in again, but it was not one that I had ever seen before; another phosphorus-box was afterwards shown to me - I knew that; (looking at a phosphorus-box produced by Ansell) I do not know this - it is not the one that was shown to me the second time.
Q. Look at it again, and tell me do you know that box? A. Yes, this is the phosphorus-box that Simmons was to take with him - he was only to take a box and a bunch of keys; Ann Hilyard, who drank tea with us on the 20th of December, cohabited with Wilkinson.
Cross-examined. Q. How old are you? A. I may be twenty-two or twenty-three in March; I am not a prostitute now - I have been so, but I now get my living by my own work; I began to do so about three years ago - it is not more than a month ago that I lived with Simmons, but I was getting my living by going out to work, except for the four days I was with him; I had known him before that - I had a grand-mother, who lived in Grey-street, Webber-street, Blackfriars-road, once; I have three brothers - I do not know where one of them is; I do not know that he has been transported - I have heard so, but do not know it for truth; it is twelve or fourteen years since I saw him - I have heard of him, but do not know where he is; a gentleman called, who had seen him, but I do not know where - I have worked for Mrs. Rushmeer, and have lived with a lady at Kenning
Q. How came you to leave your work to live with Simmons? A. Simmons persuaded me to come from home - when I heard they proposed to rob the synagogue I thought it was shocking - I told Sol Davis of it next morning, but nobody else; I said nothing to any of the officers when I went to inquire at the different offices - I swear that I heard of no reward being offered before I gave the information.
Q. Pray how long after this (the 20th of December) did Simmons refuse to live any longer with you? A. He did not refuse at all - I told him I had better go home; he did not turn me off, nor did I say I would get him transported for it - I left him on the Wednesday, went home on Thursday, and lived with my mother, in Vine-street; I have no father - Mrs Marks is the landlady of the house where I lived with Simmons - I saw her and Ann Hilyard here yesterday; Hilyard slept with me on the night the synagogue was robbed - I state this on my oath.
Q. Hilyard and Mrs. Marks are here; I caution you, are you sure of it? A. Yes: Simmons and I slept together up to Monday, and I expected him home on the Monday night - Hilyard lodged with one Franklin, who she left on the Monday, and asked me if she might sleep with me; I said she might - it was nine o'clock in the evening that I had the conversation with Simmons at the bar of the Crown public-house - I do not know how many persons were there, for I was not in the tap-room; I think there were not above three or four persons at the bar - Simmons said to me, just by the side of the bar, "I have plenty of money, and have done the robbery at the Jews' synagogue; I have nineteen sovereigns, &c." and he produced the half-sovereign - I saw the rest in his hand; he pulled it out of his waistcoat pocket.
Q. Were you not surprised to hear a man, who had robbed the synagogue, tell you about it at the bar of d public-house? A. He was by himself, talking to me at the side; the bar is a good length - I thought it incautious- I did not tell him to put the money back again; I did not get a farthing of it - he offered me 1s., but I would not have it; I had wanted to go home, and leave him on the Sunday, but I could not without going to my sister first, as my brother would not let me come home when I liked; I could not go without somebody with me, after leaving them in that way - I was too dirty to go through the streets on Sunday - I sent to my uncle, who works at the Surrey theatre, before the Thursday, and asked him to lend me 1s., and got my things washed - I did not think it proper to live with the prisoner at all; I was not forced to live with him - I went to live with him willingly, but could not go home when I liked, after running away in the manner I had - I did not think proper to live with him after I knew what he was going to do; he had told me he had learned carpentering and shoemaking, but I did not see him do any work - I never saw him with more than half a crown; I did not like to take the shilling from him, and borrowed it of my uncle -I had gone to my uncle's, and borrowed it on the Sunday night.
Q. Then you had the whole of Monday to wash your clothes, and go home? A. No, I had not, for he was at home with Wilkinson on the Monday from ten to four o'clock, and again at half-past six - he went out at ten; I did not go home that night; I do not know why; I heard of a reward on the Monday, when Samuel Davis was taken- Joseph, the brother of Sol, told me of it - Hammond, the officer, was with us then; it was about half-past four o'clock in the afternoon, a week after the transaction - I never heard of the reward from Hammond.
Q. How did you disclose this? A. When they came to me about another robbery, I said it was not the first robbery he had committed, he had robbed the Jews' syngogue - I had no animosity against him; I told him Marks and Hilyard slept in the house, and that Sol Davis slept there: he is related to Marks; Joseph Davis said the reward was 40l. - I do not except any of it, nor none I want - I would not have it if it were given to me; my mother lives about half a mile from where I lived with Simmons - I am sure it is above a quarter; my gown was dirty and muddy - I had fallen down in the mud; I believe it was on the Saturday night - I had been cleaning all Saturday afternoon, at Mr. Franklyn's, in Bird-street; I did not say a word about the robbery till three days after it happened - I never went by the name of Moses, and never heard myself called so.
MR. ADOLPHUS. Q. You went to live with him, and cohabited with him some time? A. I went to live with him on the Friday, and left on the Wednesday, when I found he was a thief; I determined instantly to leave him- my evidence is not affected in the slightest degree by the hope of reward - I never had a criminal charge against me- I worked for one mistress three years; I now work for a friend of hers, and have worked for her twelve months.
JURY. Q. How do you know that to be the box which was in Simmons' possession? A. By the lable on it - I cannot read; I do not know whether there was a lable on the box which was first shown to me - I know this, because the top was almost out when he had it from me; there was no dispute between me and the prisoner about not having any of the property given me; I never had a dispute with him about money.
CATHERINE MOSS . I am single, and live with my father, who is a clothes-dealer, in White-street, about five minutes' walk from the Jews' synagogue, Duke's-place - my brother goes by the name of Moss, and so do I, but my father's name is Moses - I heard of this robbery the morning after it happened; I knew the person of Samuel Davis, but not the other prisoner; a little before six o'clock in the evening, before the robbery, I was near the synagogue, on the opposite side of the way, and observed three persons - two of them were dressed as sailors; they appeared to be in company together; the prisoner, Samuel Davis, is the one who was not in a sailor's dress - they were just by the door of the synagogue; I saw Samuel Davis point up to the door of the synagogue - he pointed it out to the sailors, as they appeared to be; he appeared to be talking to them- I was not near enough to hear what he said; I am quite certain he is the man who pointed to the door of the synagogue.
COURT. No such statement is in her deposition.
Witness. I remember Davis' attorney being before the Magistrate - he asked me some questions, but I did not tell him that I saw him through the window when I was at work; I could see the synagogue from the shop where I bought the calico - I saw him as I was returning from Bell's; I did not observe any body while in the shop - it was on a Monday evening; I do not know the day of the month - my master came up stairs the next morning, and said the synagogue had been broken open - I immediately turned; he asked why my countenance changed, and I told him this; I was on the opposite side to the synagogue - they were standing in one place; Samuel Davis' face was towards me - the others had their backs to me; I could see Samuel Davis' face quite plain sideways - he stood a little front and a little side-ways.
Q. Then he must have stood with the synagogue behind him? A. He did; I saw him quite plain point to the door - I saw his face quite plain; he stood side-ways -I cannot say whether he pointed with the left hand or the right - (the witness here, with her hand, described the manner, in which the prisoner had pointed to the door.)
MR. PHILLIPS. Q. Have you any doubt that he is one of the three men? A. He is; I had seen him frequently, but never spoke to him.
JOSEPH HAMMOND . I am a Police-officer, and formerly belonged to Bow-street. I apprehended the prisoner Simmons last Sunday fortnight, and Samuel Davis the next day, about four o'clock in the afternoon; I took Simmons on another charge - Seddon was with me at Queen-square, respecting the charge I had apprehended Simmons on, and in consequence of what she told me I apprehended Samuel on this charge - her communication was made to me voluntarily; I attended the examination at the Mansion-house, the first time the phosphorus box was produced - Seddon remained in the room; Mr. Ansell had produced a phosphorus-box - she did not see that before she left the room, to the best of my knowledge - I have a phosphorus-box, that was produced last Thursday - it was produced by the prisoner Simmons; he looked round the office, and wished all the witnesses to withdraw - Seddon and all of them withdrew before he produced the box; he said he wished Seddon to be questioned, if she would not identify the box, as she had one on a former occasion - I cannot say whether this was written down; Seddon came in, and it was shown to her, and then given into my charge - there was no label on it, nor was the head broken in.
Q. This was last Thursday? A. Yes; a box had been shown to her on the Monday before, before the Lord Mayor - they were not both produced together; I first saw her last Monday fortnight, at Queen-square - I had not sent for her; I beg pardon, I now recollect, on the Sunday night that I apprehended Simmons, Seddon was in company with Mr. Basford, in Richmond-street, Lambeth - he is the prosecutor on another charge; I saw her at Basford's house, about nine o'clock - I had forgotten that before- I first conversed with her on the subject of this robbery, on the Monday morning, at Queen-square; she never told me any thing regarding this robbery on the Sunday night- she never mentioned a word about the synagogue till the Monday morning; no reward has been offered for Basford's robbery - I did not appoint for her to come to Queen-square; she had given Mr. Basford the information; before we went into the office she told me this was not the first robbery he had been concerned in - that he was concerned in a burglary in the Jew's synagogue, in the City; I had not heard of that robbery before she told me the parties who were concerned - this was quite voluntarily, and after the examination she went with me to a variety of public-houses, for Sol Davis, but did not find him; I cannot tell whether Seddon was anxious that he should be taken - she conducted herself properly in giving information; I never heard of her till I found her at Basford's.
MR. ADOLPHUS. Q. She named the persons concerned in the robbery? A. Yes; she named Simmons, Samuel and Sol Davis, and Wilkinson; I have made exertions to find the other two, but have not been able.
LEWIS SAMUEL . I am a general dealer, and live in Gravel-lane, Houndsditch. I heard of the robbery at the synagogue on the Tuesday morning - I was at Whitaker's coffee-house, in Houndsditch, about five o'clock the evening before, and saw the prisoner, Samuel Davis, in company with three more; I never saw Simmons there - I did not know him before.
ISAAC JACOBS . I am an officer of the synagogue in Duke's-place. On the 22d December I opened the synagogue, which had been broken open, and saw a phosphorus-box laying there, near the ark; I gave it to Mr. Ansell.
Simmons' Defence. All I have to say is, that it is prejudice on the woman's part towards me - I never lived with her; when I first returned from sea, I was in the London-road, late at night, and she accosted me, took me to a house in Ann's-place, Blackfriars-road, and I gave her half a crown - in the morning, when I got up, I went to Mr. May's, and called for some gin, and finding I had not silver, I charged her with robbing me - I have seen her since, but never dwelt with her; she has likewise foresworn herself, which can be proved by the books of Horsemonger-lane, the Borough Clink, and Brixton, and she was taken up for a Mint robbery.
ELIZABETH SEDDON re-examined. I was in Horsemonger-lane, when my father took me there for running away; I was never charged with theft or other crime - I was not charged with putting off bad money - the prisoner, Davis', brother went to inquire at Horsemonger-lane, on Saturday, if I had been there, and found it was untrue; I was never in Brixton gaol, or the Borough Clink - my father kept me in Horsemonger-lane about six weeks, and took me out himself, on my begging his pardon; he did not charge me with any theft.
MR. CLARKSON. Q. Will you swear she has never been there for felony? A. I can swear that for the last ten years.
ANN HILYARD . On the Monday on which the robbery at the Jew's synagogue was said to take place, I was at home with my father - I slept that night at Mr. Stewart's, No. 7, New-street: it is not true that I slept with Seddon; I was not at Mr. Mark's house that afternoon - I neither saw Seddon nor slept with her, nor drank tea with her, nor had any conversation with her and the prisoner.
MR. PHILLIPS. Q. Are you a married woman? A. I am not. I do not live any where now; I have no particular place of residence - I used to make shifts, and sleep in the Waterloo-road; I did not hear a word of the robbery of the synagogue till last Monday week, when I was taken by Hammond, the Policeman, down the Waterloo-road - he asked if I knew of it, and I said I did not; I swear I knew nothing of it, nor of the silver articles which were taken - I do not know Mr. Winston - I am sure of that. [ John Winston was here called in.]
Q. Now look at that person - did you ever see him before? A. Not to my recollection: I never saw him before - I can swear I never spoke to him.
Q. I advise you to be careful - will you swear you never spoke to him? A. Yes; I never offered him any silver articles for sale or pawn, nor told him they had come from the Jews' chapel - I do not know where he lives; I cannot swear I never saw him, but I have no recollection of him - I was not at No. 84, Waterloo-road last Thursday; I never asked Winston to buy any thing - I have seen Simmons with a female, merely walking the street; I have certainly spoken to him, when I have been with that female - Betsey Seddon, is that female; I know they were acquainted, because I have seen them together - I do not know where he lived; I have seen him come with her to my house, where I used to live - I cannot say they lived together; I never heard so from them - they used to visit me in Bird-street - I cannot exactly say the number; I believe there was a number on the door - I lived there about a month, and left yesterday three weeks; the rooms there, are not let out by the hour or by the night - I will swear it was not a brothel; I have lodged in a brothel, but will swear that is not a house of that description - Mr. Franklyn is the landlord; I had the second floor back room to myself - one man used to come backwards and forwards to me there - it was not either of the prisoners - three females lodged there; it is not a house of ill-fame, nor a receiving house.
ROSETTA MARKS . On the 20th of December, I lived in Whiting-street, Waterloo-road; the witness Seddon, lived there at that time; she gave the name of Simmons - she lodged there but six days; Ann Hilyard did not live in my house, nor did she sleep with Seddon on the night of the 20th of December - she did not drink tea with her, nor in my house that evening; I know Sol Davis , he did not lodge in my house, nor sleep there on the night of the 20th of December - Seddon slept there, and a young woman slept in the back parlour; I never saw the prisoner Simmons in my house.
MR. PHILLIPS. Q. Before you take a lodger, I suppose you require a reference? A. Yes, now; I did not have a reference from Seddon, but she represented herself a married woman or I would not have taken her - Hilyard did not lodge at my house - she came once; I do not know Simmons - I have been acquainted with Sol Davis four or five years, and always knew him to be respectable - I do not know what he is, nor where he is; I am certain he is no relation of mine - I do not think I have seen him for a month; he came to my house then; he never lodged there.
Q. In the course of the four years you have known him, will you give us the name of any place he resided at?
Witness. Have I a right to answer that question?
Witness. I know once he lived with his father; I do not know why I am to answer questions, that do not concern the business - that was my only reason for asking the question; I cannot give you the exact residence where he did live - I saw him once at his father's, and he might live there; he said he lodged there.
Q. He told you he did lodge there? A. No, I saw him at his father's - I have not said that he said he lodged there - you have misunderstood me; when I saw him at his father's he did say he lodged there - I cannot tell you the name of the street where the father lived; I forget what part of the town it was in, whether it was East or West - my memory is rather bad.
Q. It may be near St. Paul's or near Hyde Park-corner, for what you remember? A. I forget it, Sir - I am sure I forget it; and I forget how long ago it was I saw him at his father's - I do not remember whether it was three months or two years ago.
COURT. Q. Consider under what a solemn sanction you are now speaking - do you mean to say your memory is so totally void of retention, that you cannot tell whether it is three years? A. I do not know that it is so long; I think it may be a year ago.
MR. PHILLIPS. Q. Will you swear it might not be three months ago? A. I went to see his father; I only went once in my life - I went because his wife lay ill, and I knew her - his father is living now, but I do not know where; I saw him in the street about a week ago - it was more than a mile from my house that I went to see him; I do not know the name of the street, nor what part of the town it was in.
COURT. Q. Do you mean to say you went to see a man, whose wife was ill, and you cannot tell what quarter of the town - was it near East Smithfield, or Cheapside, or St. George's in the Fields, or Spitalfields? A. I think it was somewhere near Spitalfields.
MR. PHILLIPS. Q. You forget about Spitalfields when you were asked about Hyde Park-corner? A. Yes, it was near Spitalfields - I cannot tell the name of the street: the father was at home and Sol - it was day-light; I went with my mother - I am married, and my husband lives with me - I have known Samuel Davis about twelve months; I do not know whether he is related to Sol - I do not mean to swear that; he is a nephew; I have heard say he is a nephew to Sol, not his brother.
Q. On your oath, do you mean to swear he is not the
MR. PHILLIPS. Q. Did he lodge with you? A. He lodged with his father since he has been from sea - his father has lodged in my house these ten months, in the front room up stairs; they slept, eat, and drank in one room - there are two beds in the room; I saw Simmons, between seven and eight o'clock next morning, washing himself in the yard, as he always did - he had been out late before, but usually came home about ten; I did not go to the Mansion-house - I did not hear of this charge; I asked the father what had become of Edmund, as he did not come to work - he said he was at his sister's; I never heard any thing about the synagogue till last Saturday.
JOHN WINSTON . I am a shoemaker, and live at No. 84. Waterloo-road. I know the witness Hilyard, and have seen her frequently for the last two or three years, and spoken to her - I knew her well, quite as well as I do my own sister; last Thursday night, I saw her at a house which is my own property, No. 36, Herbert's-buildings, where I went for the purpose of trying to get a little rent - while I was asking my tenant's wife for rent which was due, Hilyard came through the kitchen, and went into the yard; she remained there a few minutes, then came back, and sat at the table - she began to cry and stamp her hand on the table, and said, "Oh! my poor chap;" Mrs. Mapp said, "I should recommend you to speak to Mr. Winston;" she said, "I don't know how ever we shall get my chap through it;" I said, "What is the matter?" she said."Oh, they have been into the b - y Jews' chapel;" I said, "What have they got?" she(Hilyard) said."They have got some wedge;" I asked what that was - she said silver, and said she did not know what she was to do, they wanted money; I told them if they would let me see it, I had no money about me, but I could get some - she then burst out crying again, stamped her hand on the table, and said, "Oh, my poor chap. I would not split for one hundred guineas;" she said, the wedge was nigh at hand - I understood her to mean she would not confess upon her paramour, or her young man; she then went into the front parlour, and I saw no more of her - I gave information to the solicitor for the prosecution; the house was searched last night by the officer.
MR. CLARKSON. Q. When did you give information to the solicitor? A. Yesterday; a person in the market had been talking on the business, and I said I thought I could give information - I wanted to get it from her, to purchase it; I thought if I advanced money on it, and placed it in the hand of the inspector of the Police, it might bring the thing to justice - I am not acquainted with Seddon; I have seen her pass my house at night, but do not know how she gets her living.
Q. He has stated such circumstances that you cannot but recollect? A. It is all false - I swear I never had any conversation with any body about wedge - I never said, "Oh, my poor chap;" I never used those words in any place - Mrs. Mapp is the landlady; I never had any conversation there on Thursday night with any man - just as I went in doors there was a man coming out, but I never had any conversation with him whatever - I never heard any thing about silver; I never had any silver in that house, or near it, nor knew of any being there.
JURY. Q. Did you mention to Mr. Winston the name of your chap? A. I never mentioned any thing of the kind, which he has been saying.
Mr. WINSTON. She did not mention his name - I have seen her with men, but not with any particular one.
BENJAMIN ELMES. I am turnkey of the County gaol of Surrey. I have a certificate of the former conviction of Simmons - I was present when he was tried, and heard the sentence pronounced upon him; I am positive of his person. (Certificate read.)
Simmons. I acknowledge that is correct.
DAVIS - GUILTY . Aged 17.
Transported for Seven Years .
SIMMONS - GUILTY . Aged 24.
Transported for Fourteen Years .
NOT GUILTY .
NEW COURT. TUESDAY, JANUARY 11.
Fourth Middlesex Jury - before Mr. Common Sergeant.
GEORGE ALLEN . I live in Berwick-street, Soho, and am a glazier . I have a leasehold house, at No. 35, Bath-street, Old-street ; I let it to Mr. Wells on an agreement for seven years - I have not that agreement here; Wells has been dead about two years or more; his wife continued till Lady-day last - the prisoner came in on an agreement, which I have here, but it is not stamped; the prisoner paid the first quarter's rent by instalments, 10l. 6s. - I put in an execution for one quarter's rent, due at Michaelmas, on the 28th of November; there had been no furniture in the house belonging to me; it belonged to Mr. Wells - the prisoner had still possession; on the 20th or 21st of December I found the house empty, -I missed one pair of glazed sashes from the back room on the first floor, two pairs from the second floor, and one sliding sash from the parlour - next day I saw from the street, one bottom sash was missing from the first floor front room, and in a day or two the other sash was gone - they were all properly fixed when he took possession; I went into the house with an officer and Mr. Wright, and gave direction for the prisoner being taken; the sashes could not be replaced for less than 10l.
Cross-examined by MR. CHURCHILL. Q. I believe you are proprietor of other houses? A. Yes; when I let a house on a repairing lease, if a window gets broken or destroyed, it is the business of the tenant to replace it - he was bound to leave the house in as good state as he found it.
NOT GUILTY .
ELIZABETH WOODS . I am the wife of Henry Woods, of No. 12, Grove-street, Marylebone - I am a laundress, and the prisoner worked for me. On the 16th of November I missed a towel and handkerchief; she had worked for me upwards of two years; the towel belonged to a gentleman, and the handkerchief to a lady - I have washed for them some time; I know the handkerchief, by the lady's private mark, and the towel by the gentleman's initial, J. D. - his name is Doree; all his articles are marked so.
CHARLES PORTER . I am shopman to my father, who keeps a pawnbroker's shop, at No. 16, Upper Park-place. I have a towel and cambric handkerchief, which the prisoner pawned on the 18th of November, for 9d.; she has pawned articles there before - they are pawned in the name of Ann Cockburn, in which name she always pawned.
Prisoner's Defence. I solemnly declare that I did not take these things: I have two fatherless children, and leave myself in the hands of a merciful Judge and Jury.
MRS. WOODS. She has two children, but is not a widow.
GUILTY . Aged 37. - Confined Three Months .
418. WILLIAM ROWLEY and SOLOMON REUBEN were indicted for feloniously assaulting Samuel Cooper , on the 1st of January , with intent to take from his person, and against his will, his goods and monies .
SECOND COUNT, stating it to be with intent to rob him.
SAMUEL COOPER . I am a labourer , and live at No. 9, Duke-street, Commercial-road. On Saturday night, the 1st of January, I was returning home through Wentworth-street, Spitalfields ; I was a little in liquor - I was on the pavement, and saw four or five men in the road, they came up to me as I was passing - they surrounded me, and stopped me - Reuben held my left arm behind me - they closed round me, and felt round my pockets - my money was in my waistcoat pocket; they did not get that, as it happened, but they tore my trousers in both flaps in attempting to get my money; it was done roughly and with a degree of violence - it appeared to me done with a view to get my money; Rowley was taken on the spot, and had been one of those pressing against me - they were all entire strangers; the prisoners were both taken on the spot - I gave Reuben in charge for attempting to rob me, and I really believe they did so - it was their intention; I did not lose sight of Reuben till he got to the station-house - Rowley was taken before the parties had time to separate; he had hold of me when the officer came up - when he came up they let go and attempted to shove me off the pavement into the horse-road.
Cross-examined by MR. STURGEON. Q. Had Reul en hold of you? A. Yes, both of them; Rowley was the first taken off me by the officer, but Reuben took held of me first - he took hold of my left hand, and held it behind me while the others felt round my pockets, and attempted to get my money; I did not lose any thing - they put their hands to my flap; I had been to my master's, at Islington, that evening to receive my weekly pay- I had received 1l.0s. 6d.; I had been to a public-house, and spent 1s. 6d. - I had part of two pots of beer, and half a pint of gin; I was a little in liquor - I was perfectly sensible of what was going on; I am sure I did not jostle up against Reuben - it was about twelve o'clock at night; I had part of two pots of beer and half a pint of gin among four people - I had no more; it was not a crowded place - the street was clear; I saw only five or six people - I told the Magistrate the same story; I do not know that I made any alteration in my deposition - I will not swear about it; what I state is the truth - I believe there was an alteration in one word, about the hand being in or out of my pocket, but if their hands had not been in my pockets, the flaps of my trousers would not have been torn; I was not drunk when I went before the Magistrate - I thought I had been robbed, and said so before I got to the station, but when I got there I said I had not; I there found my money was correct - the Magistrate put a question to me which I do not recollect when I altered the deposition; he said he me,"Why not say whether the hand was in the pocket, or out of it;" I consider they were both in and out by tearing them in this manner - he asked me whether I had been biased by the prisoners, and if I had received any money of them for not appearing on the Monday; I did not appear till the Wednesday, when I was fetched by the Police-officer - I am a labouring man; I have never been in trouble.
DENNIS POWER . I am a Police-serjeant. On Saturday, the 1st of January, at twelve o'clock at night, I was on duty in Went worth-street - George-street turns out of it; in turning from there into Wentworth-street, I saw the prosecutor and some persons round him - I ran up, and saw both the prisoners; Rowley was on his right side, and Reuben on his left - Rowley had his left hand behind the prosecutor - Reuben had his right hand behind the prosecutor, and was holding his hands behind him; his left hand was about his pockets; it appeared to me, at the moment, that they intended to rob him - I ran up immediately; on my going up they shoved the prosecutor right out into the road, off the pavement - I took Rowley before the prosecutor spoke; the prosecutor then pointed to Reuben, and said, "There is one of them;" a Police-constable was coming down the street, and he took Reuben - there was a gas-lamp about fifteen yards off, which gave me a view of the features of the two prisoners; I had frequently seen them before, and knew their persons - I did not lose sight of either of them till we got to the station; the other men ran off immediately - the prosecutor had been drinking a little, but he appeared to know what he was doing.
Cross-examined. Q. Had not Reuben an opportunity of running away? A. I cannot answer that - there was one constable behind him and another before him, who
COURT. Q. Is there any reward on the conviction of a prisoner? A. There is not, my Lord.
GEORGE PERRIOR . I am a Police-officer. On the 1st of January, about twelve o'clock, I came up; I saw Reuben walking away from the prosecutor - the prosecutor said he had been robbed, or words to that effect, and pointed to Reuben; I took him into custody directly- he made no resistance; we took both the prisoners to the station-house; the prosecutor then said he had not been robbed, he had lost no money - he had been drinking, but was far from being intoxicated.
Cross-examined. Q. If Reuben had been inclined to escape, might he not? A. Impossible; I was about five yards from him - he did not attempt to escape, or to resist; I must have been present at the examination, but I saw no alteration made, nor heard of any - I attended three days at the office; I do not know what the expences come to - nothing, very likely; I was never here before- I took Reuben at the instigation of the prosecutor; he was on the other side, and when he pointed to him I crossed towards him.
Rowley's Defence. At the Justice's the prosecutor said I did not touch him at all.
Reuben's Defence. I returned home on that Saturday evening, about a quarter-past ten o'clock; I had lost a child a day or two before, and my wife was near her confinement; I went to bed, and about twelve o'clock my wife awoke me - she said, "For God's sake, run for the doctor;" I was going down the street, and saw the prosecutor - the Policeman caught me by the collar; I made no resistance. ROWLEY - GUILTY . Aged 24.
REUBEN - GUILTY . Aged 24.
Transported for Life .
Before Mr. Sergeant Arabin.
419. JOSEPH ATKINS was indicted for stealing, on the 27th of December , 1 horse-cloth, value 4s., the goods of Sophia Brown and William Burbridge , his employers ; and EDWARD MILLS was indicted for feloniously receiving the same, well knowing it to have been stolen .
WILLIAM BURBRIDGE. I keep the King's Arms stables, in Shoreditch ; Sophia Brown is my partner. On the 27th of December we discovered this horse-cloth, but it was lost some time in November, I believe, out of the stable - Atkins has been in our employ for about a year and a half, as ostler; I have lost cloths before, and Atkins was always the first man to come and say, "Master, I have lost such a cloth" - that it was very mysterious, but he was sure there was no body about the premises but our own people - there were two others employed there besides him; the morning this cloth was lost, he came and said "I have lost the horse-cloth, master, that was Mr. Lindsey's;" on the 27th of December, my lad was coming by the coach rank, and saw the cloth on one of the coach horses - I went and examined it; the stand is opposite my house - both the prisoners were there -Atkins was feeding the horses and Mills was standing by; I presume he was the driver of the coach - my cloth was cut in two, and one piece was on each of the horses; I said to Mills, "Where did you get this cloth?" Atkins was close by, and must have heard it - I said, "This cloth is mine;" Mills said he bought it on the rank - I told him I should not leave sight of him till he was in custody, as I was determined to know who he got it from - a Policeman came up, and I gave him into custody; I have lost cloths, bridles, and other things.
Atkins. The property was my own. Witness. No; it was mine - I never gave it him.
Cross-examined by MR. PHILLIPS. Q. The cloth was on the horses? A. Yes, any one might see it; I do not think Mills knew it was stolen - I believe he is quite a different man.
WILLIAM BURBRIDGE. This is the cloth; I know it by the quality, the binding, and a place which had been mended.
SOPHIA BROWN. This is the cloth; here is a place which I mended in it.
Atkins' Defence. I bought it seven months ago in Petticoat-lane.
- BANNISTER. I am horse-keeper to Edward Mills, a hackney-coach master; I saw Atkins come and offer this cloth openly for sale, opposite Shoreditch church - there was another person would have had it, if Mills had not - he asked me the value of it, and I said, I thought he gave quite enough for it.
CHARLES HUGHES . I am a coach-master. I saw Atkins this day week, and said, "Atkins, you have brought my brother-in-law into a pretty mess - the cloth you sold him is stolen from Burbridge;" he said, "No, it is mine, I bought it;" I said, "You had better go with me;" he said, "I will meet you in half an hour;" I said, "That won't do, you must go now," and I took him to Worshipstreet.
ATKINS GUILTY . - Aged 26.
Transported for Seven Years .
MILLS - NOT GUILTY .
420. JOHN THOMPSON was indicted for stealing, on the 5th of January , 1 box, value 5s.; 1 coat, value 14s.; 1 pair of trousers, value 5s.; 1 hat, value 1s.; 1 pair of stockings, value 1s., and 1 shirt, value 1s. , the goods of Daniel Lyons .
DANIEL LYONS. I am a labourer . I lost this property from Short's-gardens, Drury-lane , where I lodge, on the 5th of January, out of the trunk, I left it safe when I went out to work - the prisoner is a stranger.
Prisoner's Defence. A man sent me into the house, and said he would give me so much to fetch the box down.
GUILTY . Aged 22. - Transported for Seven Years .
421. JAMES SMITH was indicted for stealing, on the 4th of January , 1 watch, value 3l.; 1 coat, value 3l.; 1 pair of pincers, value 6d.; 1 rasp, value 4d., and 1 boot iron, value 6d. , the goods of John Hilton .
JOHN HILTON . I am a bootmaker , and live in St. Giles' . I missed these articles between six and seven o'clock in the evening, on the 4th of January, from my bed-room; the prisoner is a shoemaker , and had lodged with me about a fortnight - I had left him at home that day, while I went out for about half an hour, and when I returned he was gone, and the property too - I found him in Shadwell; he had called at another shoemaker's, and I had left word there if he called, to detain him, which they did, and gave him into custody.
Prisoner's Defence. He said if I gave up the things the prosecution should be stopped.
GUILTY . Aged 28. - Transported for Seven Years .
ROBERT DAVISON . I know Mr. Hughes' shop, in Regent-street - I have part of his premises. On the 6th of January I saw the prisoner come into his shop, and take this coat from the end of his counter, about half-past six o'clock in the evening - he ran away; I followed - he was a perfect stranger; I saw him throw down the coat by the further door of the shop, near Warwick-street chapel, and it was afterwards picked up - I did not lose sight of him till be was taken.
JOSEPH HUGHES. This is my coat, and was in my shop.
Prisoner's Defence. I had called on an employer in Windmill-street - the weather being cold, I was running at a gentle pace; I was knocked down by a gentleman's servant, and as soon as I rose I was seized by the witness, who said I had stolen a coat - I said I had not; he sent for an officer - it does not seem feasible that I should steal the coat: surely I am not to be robbed of my liberty, and every thing dear to me, on the evidence of one witness; what the witness says is false.
GUILTY . Aged 25. - Transported for Seven Years .
423. THOMAS MEAD was indicted for stealing, on the 29th of December , 1 coat, value 7s.; 1 waistcoat, value 4s.; 1 hat, value 10s.; 1 hat-box, value 3d, and 1 pair of gloves, value 6d. , the goods of George Males .
GEORGE MALES . I lodge in Drummond-street , - the prisoner and his mother lodged in the same house - the prisoner slept in another room, but used to come into the room where my trunk was. These articles were all in the room on the 29th of December, when I went from breakfast - the prisoner's mother kept the key of my trunk; when I came home in the afternoon, it had been opened, the property taken from that, the gloves from a drawer in the room, and the hat from a box.
MARIA HUFF . I keep the house, and have known the prisoner about three months. On the 29th of December I saw him go out with a bundle under his arm, about the size these goods would have been when folded up, but not with the hat; I did not say any thing to him - I thought he had a place, and was going to it - he has been to sea two or three times.
Prisoner's Defence. I was informed the things were liable to be taken - I took them away.
GUILTY . Aged 17. - Transported for Seven Years .
THOMAS TAPLIN , JUN. I am the son of Thomas Taplin - he is a jobbing post-master and livery-stable keeper - the prisoner had been his horsekeeper for about twelve months. On the 11th of October I sent him with four crowns, forty half-crowns, sixty shillings, and forty sixpences, to go to Mr. Hedges, in Drury-lane, to get it converted into gold - he never returned; I found him in Tothill-fields, committed under the Vagrant Act.
RICHARD JAMES JEFFERYS . I am in the employ of Mr. Hedges, a pawnbroker. I was in the habit of giving gold or notes to the prisoner, for silver, for his master - on the 11th of October he did not come at all, nor about that time; I have never seen him since.
Prisoner's Defence. He used to send me frequently with 30l. or 40l., to get gold or notes, and that time it hap
MR. TAPLIN. He had been often sent with larger sums of money - when we found he did not return, I went to Bow-street, and was advised to go to his native place, in Berkshire; I went there, but could not trace him - he had been twelve days in Tothill-fields when I found him.
JURY. Q. Was the money in a bag? A. Yes, tied up, as was customary; I believe we took the prisoner without a character - we expected 10l. for this silver.
COURT. Q. Would it not have been of considerable weight? A. Yes, it was in a sample bag - I believe he usually put it into his breeches pocket; I should think it would be such a bulk that it would be missed immediately - we have a great many servants, with coaches and cabriolets, in different parts of the town, and we offered them a reward if they could find the prisoner, but they could not - I have often cautioned him, and he said he never took his hand out of the pocket the silver was in.
GUILTY . Aged 26. - Transported for Seven Years .
425. MARTHA MUMFORD was indicted for stealing, on the 30th of November , 1 gown, value 12s.; 1 shawl, value 8s.; 1 apron, value 6d.; 1 pair of shoes, value 7s., and 1 pocket, value 6s. , the goods of Susannah Prentice .
SUSANNAH PRENTICE . I live at Edgware - I am a widow , and have two fatherless children. The prisoner came to lodge with me; I do not know how she gets her living, but she stated she was married; she lodged by the day - she left me on the 30th of November, while I was out, and on my return I missed these articles; she had not given me any notice - I found her in Uxbridge several days afterwards, I think near a fortnight - I missed these articles, which had been placed under the head of a blind brother of mine, who is confined, to raise his head.
Prisoner. I was lodging there above a week - I am very sorry, but I was in great distress.
GUILTY. Aged 19. - Judgment Respited .
426. CHARLES HUNT was indicted for stealing, on the 18th of December , 1 table-cloth, value 10s.; 10 shifts, value 10s.; 3 pairs of stockings, value 3s.; 3 pairs of socks, value 1s.; 9 handkerchiefs, value 10s.; 1 pillow-case, value 2s.; 4 curtains, value 3s.; 10 caps, value 13s.; 2 frocks, value 4s.; 6 towels, value 5s.; 18 napkins, value 10s.; 1 pair of trousers, value 6d.; 1 petticoat, value 6d., and 4 pincloths, value 2s., the goods of Christopher Bulstrode ; and 1 basket, value 1s., the goods of William Ashbolt .
ELIZABETH TRIGG . I am shopwoman to Mr. Christopher Bulstrode. On the 13th of December the prisoner came to his shop, and said he came for Mrs. Ashbolt's linen - she washes for us; I told Hergest of it.
MARGARET HERGEST . I live with Mr. Bulstrode. On the 13th of December I gave the dirty linen to the prisoner in a basket, which belonged to Mrs. Ashbolt; the linen was Mr. Bulstrode's, and consisted of the articles stated -I thought he came from Mrs. Ashbolt, and gave it him for her; I gave him a bill, as usual, and he put it into his pocket.
MARY ASHBOLT . I wash for the prosecutor, and on one occasion the prisoner had assisted my daughter to bring some linen from there - I never sent him for any linen in my life, and I never received the linen in question.
JOSEPH PARRETT . I am a Police-constable. Mr. Bulstrode lives in Paddington-street. On the 15th of December I saw the prisoner in the morning, in Phoenix-street -I asked how he came to be out so soon; he said his parents had been ill-using him - I took him to the watch-house, and in the morning I sent for his parents; I heard his father say to him, "Where have you been? you have been out ever since Monday - Limbrick has been looking for you;" I then heard something about some linen that Mr. Bulstrode had lost; I went there, and found they had lost some - I went back to the station, and some person had brought part of the property and this basket; another parcel I found at a marine-store shop - the servant came and identified the property.
MARY HARDIMAN . I keep a marine-store-shop in Fitzroy-place. On the 13th or 14th of December the prisoner came and brought me some dirty linen - he asked if I bought old clothes; I said sometimes - he said he had some dirty linen to sell, which he brought from his mother, who lived round the corner, close at hand; I asked what he wanted for it - he said 4s.: I gave him 2s. for it - there were two shifts, two pairs of stockings, three pairs of socks, three children's night-gowns, two children's shifts, and four children's night-caps - I suppose it would cost 1s. 3d. or 1s. 6d. to wash them.(Property produced and sworn to.)
GUILTY . Aged 16. - Transported for Seven Years .
The same evidence was given as on the prisoner's trial, page 160, where he was charged with feloniously receiving the same goods.
GUILTY . Aged 17. - Confined Three Months .
428. CATHERINE COURTNEY was indicted for stealing, on the 16th of October , 1 silver spoon, value 4s., and 27 pieces of calico coutaining in length 12 yards, value 8s., the goods of William Woolf Fink , her master .
WILLIAM WOOLF FINK . I live in Church-street, Bethnal-green - I am a leather-seller ; the prisoner was in my employ for eight months, and was so on the 16th of October. On the 23rd of December she was there as a charwoman , and about six o'clock that evening she was going away; I thought there was something in her basket -I went to it, and found this bundle of calico.
JOSHUA ARMSTRONG . I took the prisoner, and told her it was on suspicion of stealing a tea-spoon and some other things - she said she took the tea-spoon, and nothing else. (Property produced and sworn to.)
The prisoner received a good character.
GUILTY. Aged 44.
Recommended to Mercy by the Prosecutor .
Confined Seven Days .
THOMAS HEWITT REYNOLDS I am a Police-constable. I fell in with the prisoner, in Hackney-road, on the 4th of January - he was intoxicated, and had lost his coat and waistcoat; I took him to the station-house - he said, in going along, that he was in great trouble of mind; he kept pointing to his heart, and then indicated he had robbed his master six weeks ago of a coat and shirt - I at last found who his master was, and went to Mr. Boyd's; the prisoner became quite sensible soon after I took him up, and said he had sold the things in Field-lane.
THOMAS BICKNELL . I am an inspector of the Police. Reynolds brought in the prisoner, who turned to me, and said he felt great pain at his heart - I cautioned him, and said what he told me must be stated to the Magistrate - he said he had sold the coat for 18s. in Field-lane, and the shirt to a woman for 3s. in Petticoat-lane - he went with me to Field-lane, and pointed out Walker as the person to whom he had sold the coat - he said he had been starving for three weeks in the country.
WILLIAM WALKER . I am a salesman, and live in Field-lane. The officer came to my house with the prisoner, and directed my attention to a coat, which I had bought about three months ago of a man for about 18s.; I cannot say of whom.
JOHN ADAM BOYD. I live in Bolton-street - the prisoner was in my service; this coat is mine. I missed it on a Wednesday, either the 17th or the 24th of November; the prisoner had been living with me, and left me on that day - I also lost a shirt, which I have not seen since; he was a servant out of livery - I had a good character with him.
GUILTY . Aged 40. - Confined Three Months .
PHOEBE ROFF. I keep a baker's-shop , at Hoxton , and am a widow. On the 5th of January, about seven o'clock in the evening, I heard a noise in my shop - I had only left it about two minutes, when I had served a customer; I came into the shop, and found the prisoner on his knees behind the counter, with the till resting on the bread bin: I took the till from him - a witness ran in, and held him till the officer came.
GUILTY . Aged 15. - Transported for Seven Years .
GEORGE STOKES . On the 1st of January I followed the prisoner from my sister's shop, Mary Batty, in King-street, Goswell-street - I saw him throw down this pound of candles - she had been continually robbed of candles, and we could never tell who robbed her; so she tied a long string to the candles, and a bell at the end to give an alarm - one of the children called out, "The candles are gone again;" I ran out, took the track of the string, and as soon as the bell began to ring the prisoner threw the candles down - I took him, and brought him and the candles back to the shop.
- LYNCH. I am an officer. I took the prisoner; these are the candles.
GUILTY . Aged 14. - Transported for Seven Years .
432. ELIZABETH ROBYN was indicted for stealing, on the 15th of November , 2 sheets, value 8s.; 2 pillows, value 8s.; 1 blanket, value 4s.; 1 iron, value 1s.; 5 paintings, value 1l. 2s., and 1 miniature-painting, value 6s. , the goods of George Collard .
SARAH COLLARD . I am the wife of George Collard, of Hertford-street, Middlesex-hospital . On the 13th of November the prisoner came to lodge with me in a furnished room - she was there three weeks, and left without notice: she told my daughter she would return in the evening, and bring me some money - she had only paid one week; she did not return, and in a week and two days we broke open the door, and missed the articles stated - she said she went to gentlemen's houses to work.
Prisoner's Defence. I took the lodging, and was very short of work; I had a little, for which I had not been paid - I certainly did pawn these things, but with an intention of replacing them; I left word with the prosecutrix's daughter that I should return on the Saturday, but my friend's husband did not come; I then wrote a note, saying I should be at home another evening - I went, but could not get in- I went back, and slept at my friend's: on the evening I was taken I went to the prosecutor's, thinking I should be able to arrange for the rent, and for what I had pawned.
GUILTY . Aged 30. - Transported for Seven Years .
Eleanor Dyott .
MR. PHILLIPS conducted the prosecution.
ELEANOR DYOTT. I live at Walham-green - my maiden name was Thompson; I know the prisoner. I remember, on the 21st of October, having a hole dug in my garden, in which I deposited a considerable quantity of jewellery to the value of 400l. - I had at that time in my house, as a guardian, a man named Price and his wife; the prisoner was about my house at that time as a carpenter , and I observed Price was a great deal more partial to him than to any other workman. On the night of the 21st of October I was up part of the night; I did not see the prisoner that night, but Price told me he was in the house - there were some shots fired about my garden that night, and next morning the jewellery was missed; on Sunday morning, the 24th, I was looking about the garden, near some ivy - the prisoner was then in the garden, and in his presence Price pulled down an ivy-bush, said, "Look here," and pulled out a case of jewellery; the prisoner did not make any remark - I also found a diamond brooch, which was left in the hole; Price was indicted last Session - the prisoner came as a witness for him, and in consequence of something that appeared, I had the prisoner taken.
Cross-examined by MR. CLARKSON. Q. You had applied for some person to come and protect you in this house some time before? A. Yes, and Price and his wife came; they had been there about three months- I gave them apartments rent-free, for the purpose of having a person to live there, as I had been uneasy about my jewellery; Price suggested that it would be prudent to conceal it in a well under the carpet in the drawing-room, and after that it was suggested by me that it should be put into the garden; Price said he would dig a hole for it - the prisoner used to come as a jobbing-carpenter- Price was a surveyor, and he gave him directions when he was at home; the property was buried on Thursday morning, the 21st of October, and was missed the next morning - about eight o'clock in the evening of the 21st of October, Price went out, came in, and said he had been shot at; about an hour after that he proposed to fire, and I said "Do" - it was to frighten away what I supposed were bad characters in the neighbourhood; I had seen the prisoner that day at work in the house; I believe his hour for leaving was six o'clock; I saw him again at eight or nine o'clock the next morning, in his usual course of employ - on the Sunday morning he came to make an excuse for not coming to sit up the night before, as Price had desired him; Price was in my house on the Thursday, Friday, and Saturday - he always left at seven o'clock in the morning, to go to his office, and returned at four in the afternoon; the prisoner joined in the firing on Friday night, but not on the Thursday night; he was not in my house then, to my knowledge - he fired on Friday night, in consequence of directions from myself and Price; he had been desired to sit up.
MR. PHILLIPS. Q. Did you find any dead men in the garden? A. No; I had no suspicion of Price at that time - Price melted some bullets; I believe the prisoner was present on one occasion.
COURT. Q. You missed your jewels on the 22nd? A. Yes, but the firing continued that night - I did not then know that the prisoner was in the house on the Thursday night; he proposed to sit up the Friday night - Price and I proposed he should, and in the course of that night price and the prisoner both fired.
JOHN BOLLAND MOORE . I am landlord of the Royal Oak, at Fulham, about three quarters of a mile from Mrs. Dyott's. I have known the prisoner four years - he came to my house on Sunday, the 24th of October, at near eleven o'clock; I opened the door, which was closed, and he proceeded to the tap-room - I sat down with him; there was no other person there, but my wife, and a lodger and his wife were up stairs; there was no one in the taproom but the prisoner and me - after he had sat down for half an hour, and had a pint or two of beer, he said,
"I have been to work at our old shop;" I said, "What old shop?" he said, "At Mrs. Dyott's, at Walham-green;" I said,"What have you been doing there?" he said, "I have got a goodish job, I have been there to work for these three weeks, or there abouts, and I have made a d - d sight better job than I should if I had worked for Mr. Plaw(his former master) for half a year" - I said, "How so? what, have you sent in a great many materials?" his answer was, "No, I have not; the truth of it is, the house has been robbed, but I want nothing said about it - or not the house, rather the garden;" I said,
"Robbed what do you mean?" said he, "There has been a goodish bit of property taken away, to the amount of upwards of 300l. or 400l. - I was there the other night, and Price and I went out into the garden, fired a pistol up in the air, and ran in- we told Mrs. Dyott that some one had shot at us; we stopped in doors, and after a time we fired out of the window - this morning I have been up there, and we went into the garden searching after the property; Price told Mrs. Dyott he thought it must be somewhere in the gardon, and we goes to the ivy, which is by the side of the wall, and Price pulls out a box that had got upwards of 60l. worth of property in it; d-d fool, we might as well have had that while we had been about it - I did not know but he had got that;" I said, "Akers, if you go on with this story you must take care, you will get taken up on this suit, as sure as you are a man" - he repeated it over and over again, and told me of it two or three times; a lodger of mine went up stairs, fetched some bread and meat, and said we would have a bit together - I appeared as a witness on the last trial; the prisoner did not say any thing about money; he said, "Fill the pot, here is plenty of blunt;" I told Ledbetter, the officer, of this at the last Session,
Cross-examined. Q. So you keep the Royal Oak public-house, at Fulham? A. Yes - I have not a publican's license, but a license to retail beer; it was a sort of grocer's shop before, and I continue that - I have a board over the door, but no sign yet; I saw the prisoner about ten minutes before eleven o'clock that Sunday morning, and it might be half an hour, or three quarters of an hour afterwards that he told me this - he was as sober as ever I saw him for what I know; he and I have been particularly intimate - we began our beer business on the 11th
Q. Did you say one word about this man, whom you say you knew, having told you that he had joined in having committed this felony? A. Yes; that they went out into the garden, fired the pistol in the air, and that he told me he had had a good thing of it; I did not give any information to have him taken - I did not, on the last occasion, give all the account of the conversation which I have to day; Sims and his wife lodged with me on the 24th of October - I turned them out, because his wife robbed me- Sims was at home on that Sunday; when the prisoner came he was up stairs - he came down about twelve or half-past twelve o'clock, and brought some mutton down for Akers and me to join him to eat, because it would be spoiling, as he said; my wife heard what the prisoner said - as for Sims, I do not know whether he was down stairs or not, but I think, if he did not hear it down stairs he did up; he was there most of the time - I do not know who else was in my house, there were so many people after one o'clock; he was upon this conversation the greater part of the time, and there were a great many people, but nobody but him and myself in the first place - I could not swear that either heard the whole of it; it was told to me alone, and part of it was repeated in the presence of my lodgers.
Q. Was any part of the story, which consisted of his participation in the robbery, repeated in the presence of the lodger? A. I think it was.
MR. PHILLIPS. Q. If I understand you right, the story was first told to you alone? A. Yes; I have known him four years, and been in the same employ with him, at Mr. Plaw's seven or eight weeks - I received a subpoena on this trial, and on the last; I know nothing of Mrs. Dyott- the prisoner said Mrs. Dyott and Price were with him on that Sunday; I have not seen my lodger since last Session, except one week he was in my house.
Cross-examined by MR. CLARKSON. Q. When did you give information against the prisoner? A. I gave no information; I was taken to Bow-street the day after - he was taken three weeks or a month ago.
Prisoner's Defence. I am quite innocent; I believe I have friends who will prove what this man has said is false.
JOHN SIMS . I am a smith and bell-hanger; I lodged at Mr. Moore's shop at Fulham, about six or eight weeks -I know the prisoner well. On Sunday, the 24th of October, I remember his coming to Moore's house, between ten and eleven o'clock - I was then in the tap-room, which is facing the doorway which leads into the street - there is a little shop in front, and the tap-room within; while the prisoner was there, he, I, and Moore, were drinking together, and Akers said, he had been sent for by Mrs. Dyott that Sunday morning, and that she, him, and Price, went into the garden, to see if they could find any of the stolen property - he said Price told him to shake the ivy-tree, and that he, being clean, told Price to shake it himself, as he would not shake it any more; and that was the whole of the conversation that took place respecting that - I remained in conversation with Moore and the prisoner from the morning till seven o'clock in the evening; I was in the house the whole of the day, and continually with Akers, up and down stairs - he said he had a friend at home and wished to go home, but Moore pressed him to dine with him, as an intimate friend, but whether he did dine with him or not, I cannot say; I was not out of his company above ten minutes or a quarter of an hour - he went home about seven o'clock; I wished to go home with him, but Moore, as an old shopmate, went home with him himself - he was the worse for liquor; nothing about his having a good job of it, or his having got more in three weeks, than he should at Plaw's in six months, ever passed in my hearing.
MR. PHILLIPS. Q. Had you known much of the prisoner? A. Not till he and I stood godfather to Moore's children, which was two or three Sundays before; I had seen him before, as he had brought work to a shop where I was working, but there was no intimacy between us - I have not known Moore a great while; I left his house because we fell out, as he accused my wife falsely of a robbery; he did not turn me out, he said he expected I would go - I paid him every farthing of the rent every week; I do not owe him any rent - I owe him 5s., but I have not been that way; I cannot say when I left him - it might be seven or eight weeks before Christmas; I called to pay the 5s., and he was not at home; we eat in the tap-room that Sunday morning - I brought some mutton down from my own room, and Moore took part of it; I do not know whether I said it would spoil, there was not much I know; I understood Akers that he had been watching at Mrs. Dyott's on the Friday night, and he had been sent for on that Sunday morning.
Q. Did he tell you he had been sent for before that Sunday morning at all? A. I told you all I mean to say- I do not remember any thing of the kind; he said he had been there on the Friday night - he never said a word about firing shots in the garden, nor out of the window; I have stated to you what I have to say.
COURT. Q. What time did the prisoner get there that morning? A. Between ten and eleven o'clock - I had the front room over the shop, and my wife was there; I was not away more than ten minutes or a quarter of an hour.
ELIZABETH COOPER . I lodged at the prisoner's house on the 21st of October; it is the first house on the right-hand side after you pass the Wheatsheaf, in the turning leading to Parson's-green - he is a carpenter, and has four children; I remember his coming home on the night of Thursday, the 21st of October, about a quarter or twenty minutes after nine o'clock; the reason I recollect it, was, that the beer came at nine o'clock - after that Mrs. Akers and I
MR. PHILLIPS. Q. Where he had been, till about half-past nine o'clock, you do not know? A. No, nor where he went in the course of the night.
GUILTY . Aged 31. - Transported for Seven Years .(See First Session, page 109.)
JULIUS HOCKLEY . I am shopman to Mr. William Newby , a pawnbroker , of Drury-lane . On the 20th of December, about ten minutes past three o'clock, the prisoner came to his shop, and took a pair of trousers from an iron bar at the door - he gave them to another boy, who ran up Long-acre; the prisoner ran up Broad-court - I pursued, and took him; I am certain he is the boy - I have never seen the trousers since.
The prisoner put in a written Defence, stating that he had not touched the trousers.
GUILTY . Aged 14. - Whipped and Discharged.
WILLIAM HORSFORD . I am a Police-serjeant. On the 22nd of December I saw the prisoner with a quartern loaf under each arm, and knowing him, I followed him - he looked round, saw me, and began to run; I caught him in Wimpole-street - I took hold of one of the loaves, and it broke; he said he had bought them - he struck and kicked me several times, but with assistance I took him to the station.
Prisoner. He said, "D-n you, you rogue, I have had you before." Witness. I did not.
SAMUEL PAYNE . I am servant to Mr. Thomas Burls . I missed these two loaves, when the officer told me of it; I know they are my master's - they were taken from my barrow at the corner of the New-road .
GUILTY . Aged 17. - Transported for Seven Years .
The Number of Prisoners committed for Trial at the present Session, was 214.
Of whom were Acquitted or Discharged by Proclamation.....71.
Of whom 5 have Received Sentence of Death.
18..... Transportation for Life.
8..... 14 Years.
49..... 7 Years.
75 carried up.
75 brought up.
62 have been Imprisoned for various terms, Whipped or Fined.
6 Judgments Respited.