SECOND SESSION, HELD AT JUSTICE HALL, IN THE OLD BAILEY, ON THURSDAY, THE 5th DAY OF JANURAY, 1831, AND FOLLOWING DAYS.
TAKEN IN SHORT-HEND,(BY AUTHORITY OF THE CORPORATION OF THE CITY OF LONDON) By H. BUCKLER.
Before the Right Honourable SIR JOHN KEY , BART., LORD MAYOR of the City of London; Sir James Allan Park , Knt., one of the Justices of His Majesty's Court of Common Pleas; Sir James Parke , Knt., one of the Justices of His Majesty's Court of King's Bench; Sir William Bolland , Knt., on of the Barons of His Majesty's Court of Exchequer; John Ansley , Esq.; Samuel Birch , Esq.; Christopher Smith , Esq.; John Thomas Thorpe , Esq.; Robert Waithman , Esq., and William Venables , Esq., Aldermen of the said City; Newman Knowlys , Esq., Recorder of the said City; Sir Peter Laurie , Knt.; Thomas Kelly , Esq., and Samuel Wilson , Esq., Aldermen 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. Justice Park.
294. JOHN BARRETT was indicted for that he, being a person employed by and under the Post-office of Great Britain, in certain business relating to the said office (i.e.) in sorting certain letters , to wit, franked and paid, brought to the General Post-office, at the parish of St. Anne and Agnes, in London , on the 22nd of November , at the said parish, a certain letter then lately before brought to the said office, to be sent by the post, for and to be delivered to a certain person at Axminster, in Devon, to wit, the Rev . Edward James Todd , and containing a Bank post-bill for 10l., came into his hands and possession whilst so employed, as aforesaid, and that he then and there being so employed, feloniously did secrete and embezzle the said letter, containing the said Bank post-bill, the said bill being then in force, and the property of the said Edward James Todd ; against the Statute.
2nd COUNT, that he did feloniously steal and take out of the said letter, whilst employed as aforesaid, the said 10l. Bank post-bill, the property of the said Edward James Todd.
[Jan. 9.] GUILTY - DEATH . Aged 24.
295. JOHN BARRETT was again indicted for embezzling, &c., on the 21st of November , at St. Anne and Agnes , a letter to be sent by the Post, for and to be delivered to certain persons at Liverpool, in the County of Lancaster, to wit, Messrs. Hugh Matthie and Son, containing a bill of exchange for 1000l., and 1 bill of exchange for 500l., the goods of Hugh Matthie and another .
[Jan. 9.] GUILTY - DEATH . Aged 24.
296. JOHN BARRETT was again indicted for that he, being employed by and under the Post-office of Great Britain,&c., feloniously did secrete and embezzle a certain letter, to be sent to Charles Dunderdale , at Manchester, containing a Bank post-bill for 43l. 14s. 1d., and 1 other Bank post-bill for 24l. 5s. 8d. ; and WILLIAM KAY was indicted for feloniously receiving the said Bank post-bills, well knowing them to be so feloniously stolen .
10 OTHER COUNTS, varying the manner of stating the charge.
MESSRS. ADOLPHUS, SHEPHERD, and SCARLETT conducted the prosecution.
HENRY DUNDERDALE. My house of business is in Bucklersbury. On the 17th of November I received two Bank post-bills from Thomas Bradley , my porter; I had sent him to the Bank with these written instructions for them (looking at a paper) - (reads) "Bank post-bills 43l. 14s. 1d. and 24l. 5s. 8d., payable to Charles Dunderdale , value received of Henry Dunderdale and Co.;" I told him to take that to the Bank of England - when he returned he brought me two Bank post-bills, which I enclosed in a letter, and directed it to Charles Dunderdale , Manchester; I wafered the letter, took it myself to the General Post-office about five o'clock, and paid 2s. 9l. postage; I applied at the Post-office about ten days afterwards, in consequence of information from Manchester.
THOMAS BRADLEY . I am porter to Mr. Dunderdale. On the 17th of November I went, by his direction, to the Bank with this paper, for two Bank post-bills; I received the bills at the Bank, and delivered them into Mr. Dunderdale's hands.
THOMAS HESSELTINE . (Looking at two Bank post-bills produced by J. F. Clements.) I am a clerk in the post-bill office of the Bank of England - these Bank post-bills were issued from the Bank on the 17th of November, by the cashier; I took in the value for them, and checked them - they were issued in consequence of these written instructions, and are still in force.
FRANCIS HARRISON . I am a clerk in the General Post-office. On the 17th of November I was on duty at the paid-window from one to eight o'clock; a paid letter delivered about five o'clock would pass through my hands: a letter with two enclosures would be treble; the postage to Manchester would be 2s. 9d. - I mark the sum paid on a paid-letter in red ink, then put it aside to be taken to the inland-office to be stamped with the paid-stamp of that day - the stamper fetches them, and they are stamped with
CHARLES DUNDERDALE . I live at Machester. I received no, letter from my father on the 18th or 19th of November; a letter put into the Post-office on the 17th should arrive on the evening of Friday, the 18th, and could be had that night if we sent for it; the mail arrives at four o'clock - I received no letter at any time in November from my father, containing Bank post-bills; I certainly never received these bills.
WILLIAM BAKER . I am a messenger at the General Post-office. I was on duty on the 17th of November, at the office; here is the attendance-book of the inland-office, in which each person signs his attendance on the day of attendance, and by this it appears that Barrett was on duty on the 17th of November , as a sorter of franked and paid letters ; here is his signature in this book - (read) "Evening duty, Thursday, the 17th of November, Chester and Birningham, holds up bags, J. Barrett;" the duties of the sorter commences a few minutes past five o'clock, and ends at forty-five minutes past seven - a paid letter put into the post would pass through the hands of the sorters of paid and franked letters; the prisoner was one of those persons - I only knew him as a sorter for eight or ten days, but have known him as a letter-carrier about two years.
JURY. Q. What does "Hold up bags" mean? A. That is the concluding part of his duty; the early duty would be to sort.
JANE EMERSON . I conduct the business of the Crown public-house, Eden-street, Regent-street, which a relation of mine keeps. On the 8th of December, about half-past eleven o'clock at night, just as we were closing the house, the two prisoners came in, with a gentleman's servant, named Holmes, and two women - the whole five went into the back parlour; they called for a glass of brandy and water, and in about five minutes Kay came out of the parlour to the bar window to me - I had never seen him before; he said, "Will you take care of this money for me?" I said,"What money, child?" he said, "Here is a 40l. and a 20l. note, a sovereign, and two sixpences; I said, "It is a great deal of money for a boy like you to have - I should advise you to take it home;" he said, "It is all right, you need not be frightened;" I said, "Well, I will take care of it for you;" he rolled the notes, sovereign, and sixpences up together, and I put them into a little place in the till - I felt a little timid, and put it into the hands of a gentleman in the bar - Kay had then gone into the parlour; the gentleman looked at it, and from what he said, I called Kay out of the parlour immediately, and gave him the money; I said, "This is a great deal of money for a little boy like you to have, and I think you are in low company - you had better go home with it;" he took the money, and put it into his pocket; he said it was his brother-in-law's money: I had put it into the till as I took it out of his hand -I immediately after gave it to the gentleman; I did not look at it myself - it was rolled up; Kay took the money, put it into his fob-pocket, and then I sent for Clements, the Policeman, who came in about five minutes; I paid no attention to what passed - Kay had gone into the parlour, where Barrett was; Clements went in there - he rang the bell, and told the waiter to tell me to call Kay out, which I did; I did not hear what passed between him and Clements.
JOSHUA FREDERICK CLEMENTS . I am a Policeman. On Thursday, the 8th of December, about half-past eleven o'clock, I was fetched to the Crown public-house, Eden-street, and found the prisoners in the back parlour, with a young man and two females - I was in plain clothes; I called for something to drink, and listened to their conversation - they were talking about paying for some brandy and water; there was a little dispute about who should pay - I rang the bell, and told the waiter to desire the landlady to call Kay out - neither of the prisoners could hear that; Kay was called out - I followed, and went with him into the bar-parlour; a gentleman sat there: I told Kay, I understood he had some money about him - he said it was nothing to me what the had about him, but what he had belonged to his brother-in-law; I asked him what his brother-in-law was - he said he was a General Postman, and that he was in the next parlour; I told him I should like to see the money he had in his pocket - he at first refused; I told him I was an officer, and would search him - I commenced searching him, and found in his fob-pocket these two Bank post-bills, (looking at them), they have my mark on them; they are what I produced - he said they were his brother-in-law's, and he had given them to him the night before, at a public-house, to take care of; I said I suspected he had not come honestly by them, and should take him into custody; I also found a sovereign and sixpence on him - he said that was his own; I then called out Barrett, and asked what money he had given into his brother-in-law's hands to take care of - (Kay was not present, I had called in one of my men, and given him to him;) he answered that he had not given him any money to take care of - I said, "Have you not given him two Bank post-bills to take care of?" he said No, he had not; I told him I suspected he was concerned in some robbery, and I must search him, and asked what he was - he said he was a General Postman; I took him to an up stairs room, and commenced searching him - I spread a handkerchief on the table, which I took from his pocket, and every thing I took from his pocket I laid on the handkerchief; while I was pulling some papers out of his pocket, and laying them on the table, he immediately snatched at one of the papers, and I had an immense struggle to get it out of his hand - it was torn in the struggle; here is the greater part of it - there is a post-mark on part of it.
This paper being read, was a letter, dated London, the 22nd of November, 1831, signed A. M. Todd, addressed to the Reverend E. J. Todd, Axminster, and stating that a Bank post-bill for 10l. was enclosed.
JOSHUA FREDERICK CLEMENTS re-examined. I found on Barrett, seventeen sovereigns, 17s. or 18s. in silver, and 4 1/2d. in copper, and a button, marked, "General Post-office, No. 154;" I found two watches in his small-clothes pocket, and a promissory-note for 20l. - (this being read, was signed by T. C. Horton. in favor of Robert Burton , payable on demand, but not endorsed;) he was at the station-house all day on Friday, by request of the gentlemen of the Post-office, and I took him to Marlborough-street on Saturday morning - as I went along he said he was sorry that
GEORGE PATRICK McKEE . I am an inspector of the Police. On the 11th of December, in consequence of information, I went to Mrs. Brunt's, Princes-street, Lisson-grove, and found in a back room up stairs, under a bed, a bundle, which I opened there - it contained this Post-office coat; I have had it ever since - the buttons on it are No. 143; there is one wanting.
ANN BRUNT . I am a widow, and live in Princes-street, Lisson-grove. I have known the two prisoners above two years; they both called on me on the 7th of December, about half-past three o'clock in the afternoon, in a cabriolet - Barrett had a bundle under his arm; they did not lodge with me then: Kay came in first - he presented a sovereign to me, and requested me to give it to his mother, as she was coming to work for me next day - she is a washer and ironer; Barrett was present then - Barrett said he was very unwell, and could not attend the office that night - he wanted my son-in-law, Marlow, to take a note down to the Post-office for him; I gave him a pen and ink - he wrote it in my presence, and Marlow took it; he left my house a little after four o'clock, and said, "Take care of this bundle for me - I will call for it by and by;" he said it was his red coat - I knew he was a letter-carrier; he requested me to send Marlow to the sign of the George the Fourth, Duke-street, Lisson-grove, on his return, which I did; I placed the bundle on the floor in my back parlour, and about half-past ten o'clock I wished to go to bed - I went down to Duke-street, which is not far, to beg him to fetch the bundle - he requested me to take a small glass of brandy, which I did; I saw there, my son-in-law, the two prisoners, and two other persons - they were standing at the bar when I went in: they said if I would wait a bit they would come with me - they had two bottles of sherry while I staid there - they stood and drank it; Kay paid for them - the two prisoner and Marlow came home with me, Barrett seemed unwilling to go away - I said I could not accommodate them with a bed, and he and Kay remained in my front parlour all night - they had no candle; I fetched the bundle out to Barrett, and he laid his head on it: on the following morning, at five o'clock, I called him to go to the office, as he desired; Kay said Barrett was unwell, and could not go - I did not see them; I had locked them in the room, and unlocked it to call them - I then went up stairs, and finished dressing myself; I came down again, and lighted the fires: Barrett said he was very cold - I made him some breakfast; Barrett then requested Marlow to take some letters and five sovereigns to the Post-office, and to say he could not attend - the five sovereigns were to be given to any of the inspectors; I believe there are four inspectors: after that he washed himself, and quitted the house - he gave me the bundle, saying, "Take care of this, it is my red coat - mind, it is Government property;" I put it into my back parlour - this was on the 8th of December - it remained there till Sunday, the 11th; when I went out I took the bundle up to my bed-room, which is the second floor back room - I put it on the floor, and cantered it under the bed with my foot; I returned about half-past nine o'clock at night, found my bed-room door had been forced open, and the bundle taken away - it was tied in a dirty blue handkerchief, with while spots; I had not other bundle under the bed, nor any other of that size and description in my house; I saw it again at Marlborough-street, and knew it to be the same: I have two lodgers; I left my son-in-law and daughter in the house - they have an apartment up stairs, but are generally with me below.
GEORGE PATRICK McKEE re-examined. I found the bundle under the bed in the second floor back room, tied in a blue handkerchief, which I have; I found in the pockets of the coat about thirty-six letters - here are some of them (looking at a bundle of letters) - they were taken out of the pocket: I delivered them to the solicitor of the Post-office; I have marked them all.
Some of these letters being examined were directed as follows:- To John Deacon, Esq., Tonbridge-wells, Kent, dated Ironmongers'-hall, 28th of November, 1831, signed H. M. Pellatt, containing a bill of exchange for 75l. - To Messrs. J.F.H. Bowman and Co., East Peckham, Tonbridge, dated London, the 25th of November, 1831, signed T.J.F.J. Fenton, Union-court, Broad-street, containing a foreign bill of exchange for 17l. 6s. 3d. sterling. - To Mr. Grimsdale, Bowstridge, Chelfont, Bucks, marked paid, dated Shaftesbury, the 16th of November, 1831, signed Eliza C., enclosing a Bank stock receipt. - To John Wilson , Esq., Featherard, Tipperary, Ireland, dated the 19th of November, 1831, directed No. 41, Norfolk-street, Strand, and signed Cook and Co., enclosing a bill for 667l. Os. 8 1/2d.
NOT GUILTY .
Before Mr. Justice Park.
297. JOHN BARRETT was again indicted that he was a person employed by and under the Post-office of Great Britain, in certain business relating to the said office, that is to say, in sorting certain letters, franked and paid, brought to the said office, at St. Anne and Agnes, in London , on the 21st of November , at the said parish, a certain letter lately before brought to the said office, to be sent by the Post, for and to be delivered to a certain person at Falmouth, in Cornwall, to wit, Elizabeth Carkeet , containing a Bank post-bill for 300l., and a Bank post-bill for 50l. came to his hands and possession whilst so employed, as aforesaid, and that he, on the same day, at the same parish, did feloniously secrete and embezzle the said letter, containing the said Bank post-bills, the property of the said Elizabeth Carkeet ; and WILLIAM KAY was indicted for feloniously receiving the said Bank post-bills which were contained in the said letter, so feloniously secreted and embezzled by the said John Barrett, whilst so employed, as aforesaid, well knowing the same to have been contained in such letter, so feloniously secreted , &c.; against the Statute, &c.
7th and 8th COUNTS, that the said John Barrett, on the same day, at the same parish, a certain other letter, lately before brought to the said Post-office, to be sent to a certain person at Falmouth, in Cornwall, to wit, Elizabeth Carkeat , containing a Bank post-bill for 300l., and a Bank post-billElizabeth Carkeet ; against the Statute, &c.: and charging William Kay with feloniously receiving the same, well knowing them to have been stolen.
13th and 14th COUNTS, charging the said John Barrett with stealing, on the same day, at the same parish, the said Bank post-bills, the property of Elizabeth Carkeet , and William Kay with receiving the same.
15th and 16th COUNTS, like the thirteenth and fourteenth, only stating them to be the property of Joseph Reid.
WILLIAM PRINCE . I am a clerk in the Imperial fire-office, Sun-court, Cornhill; Mr. Joseph Reid is the manager of that office. (Looking at a letter) the direction on this letter is in my hand-writing - it has the signature of Mr. Reid to it - on the 21st of November I enclosed in this letter two Bank post-bills, one for 300l. and the other for 50l.; here are two of the same amount in it: I received them from the hands of Mr. Ingall, the actuary - I sealed the letter, after enclosing the bills, and directed it to Mrs. Elizabeth Carkeet , Imperial fire-office, Falmouth; she is an agent to the office - I placed the letter in the letter-rack, for the messenger to take to the Post-office, about three o'clock.
SAMUEL INGALL . I am actuary to the Imperial fire-office. This letter was written by me on the 21st of November, and I saw Mr. Reid sign it; these bills correspond in numbers and dates, and are the bills I gave Mr. Prince to enclose with the letter - (letter read.)
I have to acknowledge the receipt of your letter, and enclose Bank post-bills, value 350l., to the order of T.S. and N. Tregelles, viz. No. 3478, 300l., and 3479, 50l., both dated this day.
GEORGE RAIT . I am messenger to the office. On the 21st of November I remember carrying a letter to the Post-office, directed to Mrs. Carkeet - I remember taking it very well; I had no other General Post letter - I put it into the branch office in Lombard-street about five o'clock, and paid 3s. for it.
THOMAS HENRY WILSON . I am a clerk in the General Post-office. On the 21st of November I was on duty at the branch-office, Lombard-street - it was part of my duty to mark the postage on paid letters; (looks at a letter) here is a mark in my writing, of 3s. having been paid for this letter - a letter received at five o'clock would be sent to the office at six; a bill goes with them; (looking at a paper) this is the bill which went with the letters from the branch office to the General Post-office on the 21st of November; it contains the total amount and number of paid letters - when they arrive it is usual to examine the sum total on the bill, and to re-tell the letters; the amount is 7l. 1s. 2d. - if the amount and number did not correspond with the letters the bill would be altered and signed by two persons - this has not been altered: it is precisely in the state in which I sent it.
- McMAHON. I am a clerk in the General Post-office. I was on duty on the 21st of November; (looking at the six o'clock bill) this has my signature - it is the bill sent from Lombard-street on the 21st of November; it was my duty to cheque it - I told up the letters, and found the amount corresponded with the amount stated in the bill, or it would have been altered; the letters are then handed to the sorters by me or the messenger - a letter for Falmouth coming with that dispatch, would be forwarded that evening.
WILLIAM BAKER . I am a messenger at the General Post-office. The prisoner Barrett was employed there on the 21st of November, as sorter of paid and franked letters - I have the attendance-book here - his name is signed as being in the sorter 's office that evening.
ANN BRUNT . I live in Princes-street, Lisson-grove. -On the 7th of December the prisoners came to my house in a cab - Barrett had a bundle under his arm, and a blue handkerchief; he gave it to me to take care of; Kay neither did or said any thing about it at any time; Barrett sent my son-in-law to the Post-office with a letter and five sovereigns - both the prisoners slept in my house that night; I delivered the parcel to Barrett in the room that night, and his head laid on it - I never saw Kay touch it; they left in the morning, and Barrett delivered the parcel to me; he said, "Take care of this for me - I will call by and by for it; it is my red coat, mind, it is government property;" it remained in my possession till Sunday, when I put it under the bed in my second floor back room - I went out, and when I came back my bed-room door had been forced, and the bundle taken away; it was in a dirty looking blue handkerchief - I had no other such bundle in my house; I knew it again when I saw it at Marlborough-street - Barrett brought the coat into my house, he had it under his arm.
GEORGE PATRICK McKEE . I am an inspector of Police. I received information, went to Mrs. Brunt's room, in Princes-street, and found this coat under the bed in the second floor back room, wrapped in this blue handkerchief - I found thirty-six letters in the pocket of the coat; they are here - this is one of them (looking at the letter in question) - I have put my mark to it, and swear it is one of those found in the pocket; it contained this 300l. and 50l. Bank post-bill - I marked them; the thirty-six letters are addressed to different persons, and marked with the Post-office mark.
Barrett's Defence. I merely wish to say I am not guilty of stealing from the office, nor of breaking the seals, but I received them out of the office from another person.
MR. McMAHON. A letter would be two days going to Falmouth.
JURY. Q. Is it the custom for one man to sort for a
BARRETT - GUILTY - DEATH . Aged 24.
KAY - NOT GUILTY .
There were five other indictments against Barrett for like offences.
Second London Jury, before Mr. Sergeant Arabin.
298. WILLIAM BROCK was indicted for stealing, on the 9th of December , at St. Giles without, Cripplegate, 1 watch, value 3l. 10s.; 1 watch-ribbon, value 1d.; 1 seal, value 2s.; 1 watch-key, value 1s. 6d.; 1 coat, value 3l. 10s.; 1 pair of trousers, value 25s.; 1 waistcoat, value 15s.; 1 hat, value 4s.; 1 handkerchief, value 1s.; 1 purse, value 6d.; 3 half-crowns, and 1 shilling, the property of Evan Evans , in the dwelling-house of Edward Edwards .
EDWARD EDWARDS . At the time in question I lived in Castle-court, Lower Whitecross-street, in the parish of St. Giles without Cripplegate , in the City of London; I kept the house, and lived there - Evan Evans was a lodger of mine there; the prisoner came there, as near as I can recollect, on the 9th of December, and slept in Evans' room; Evans had a good deal of wearing-apparel, and a watch in his room - the next morning he complained that it was gone; I had heard the prisoner go out between four and five o'clock in the morning - he had said he wanted to go out early to his work; he hired the lodging by the week.
EVAN EVANS . I am a tailor , and lodged eight or nine months at Edwards'. The prisoner came there on the 9th of December, as a weekly lodger - he was only there that night, and he slept with me in the same bed; I was in bed first, and left all the property stated in my room - the watch was under my pillow, under my head - the coat, trousers, handkerchief, and waistcoat were in the room, and the money was in my trousers pocket; my hat was down stairs - I was asleep when the prisoner went out in the morning; I awoke about seven o'clock - he was then gone, and I missed my property: I told the landlord of it - the prisoner was taken about a week afterwards; the value of my property was 9l. or 10l. - this handkerchief and knife are mine.
GEORGE BROWN . I am a Police-constable. I fell in with the prisoner on the 10th of December, between four and five o'clock in the morning, in Shoreditch - he had a bundle under his arm, and a hat on his head, but no other hat; I asked him what was in the bundle - he said a suit of clothes; I said it was a strange thing to carry a suit of clothes so early - he said, "It may appear strange, but it is all right - I have been with some friends at the west end of the town, merry-making, and I put the suit of clothes in the bundle, as the night was wet;" he put the bundle into my hand, and asked me to look at it; I opened it, and saw a waistcoat in it - he said he lived in Chapel-street, Hackney-road, and I let him go, having given his statement so freely.
RICHARD GURE . I am a Police-officer. I took the prisoner on the 16th of December, at No. 11, Chapel-street, Hackney-road - I searched him, and took from him this handkerchief and this knife, which Evans identifies.
[Jan. 6.] GUILTY - DEATH . Aged 19.
First Middlesex Jury, before Mr. Sergeant Arabin.
299. WILLIAM GLASSBOROW was indicted for stealing, on the 8th of October , at St. James, Westminster , 17 silver spoons, value 17l., and 19 silver forks, value 19l., the goods of William Crockford , his master, in his dwelling-house ; to which he pleaded
[Jan. 5.] GUILTY - DEATH . Aged 27.
300. WILLIAM GLASSBOROW was again indicted for stealing, on the 2nd of November , at St. James, Westminster , 4 silver spoons, value 4l., and 4 silver forks, value 4l., the goods of William Crockford , his master ; to which he pleaded
[Jan. 5.] GUILTY - DEATH . Aged 27.
301. EDWARD ROGERS FANING was indicted for stealing, on the 18th of December , at St. Andrew, Holborn , 2 coats, value 4l. 16s.; 2 shawls, value 15s., and 1 waistcoat, value 15s., the goods of Edward Faning , in his dwelling-house ; to which he pleaded
[Jan. 5.] GUILTY - DEATH . Aged 19.
302. JAMES MOORE was indicted for that he, on the 21st of December , at St. Marylebone, being in the dwelling-house of John Corbet , about the hour of eight in the night of the same day, feloniously did steal 1 watch, value 30s.; 1 snuff-box, value 30s.; 1 case of instruments, value 20s., and 4 razors, value 4s., his property; 1 pen-case, value 18d.; 1 tooth-pick, value 4s.; 2 brooches, value 28s.; 2 pins, value 11s.; 1 shirt-stud, value 4s.; 4 shillings, and the sum of 3d. in copper monies, the property of John Henry Corbet ; and that he, being in the said dwelling-house, and having committed the felony aforesaid, about the said hour of eight, the same dwelling-house feloniously and burglariously did break to get out, and feloniously and burglariously did get out ; against the Statute.
MR. SMITH conducted the prosecution.
JOHN CORBET . I keep a public-house in Henry-street, in the parish of St. Marylebone . On the 21st of December, between eight and nine o'clock in the evening, I was in my bar parlour, and heard my wife tell Mary Harrington to take her bonnet and shawl up stairs - she did so, and I heard her call out, "Master! there is a man in the room - I cannot get in;" I went into the passage with a light, and alarmed the people who were in the parlour; I went into the back yard with the light, and saw a man come out of the first floor back bed-room window, which is about sixteen feet from the ground; it was dark at the time - I went towards him with the light: he had fallen down - he got up, and ran towards the wall of the yard; I went after him - he turned round, and I saw his face; I still had the candle in my hand - I called out, and he ran towards me into the house; I am sure it was the prisoner: he was taken by corporal Harrison just at the passage door, the back door - he had not been out of my sight at all; I went up staris into the bed-room - the looking-glass was broken, and the Venetian blind was shut too, and the fastening across it; the other blind was torn across - the window was open: I had not seen the window since the morning - I did not see him open the window, but I heard a noise; I found a desk belonging to my son broken open, and laying on the bed - it had been forced open with a chisel; I missed from the desk a double-cased silver watch, which I had seen there on Sunday - (this was Wednesday); I missed a silver snuff-box, which I had seen on Sunday - all the
JOHN HENRY CORBET . I am the prosecutor's son; this is my desk - it was at my father's; I do not live with him - I saw the desk on the Sunday previous; I left it locked, and had the key in my pocket - I was the only person who kept the key; I left there on Sunday a double cased silver watch, a silver snuff-box, two pins, three gold brooches, a silver pen-case, a tooth-pick, a gold shirt stud, 4s. in silver, and 3d. in copper - (looking at part of a pen-case found on the prisoner) I know this to be part of my pen-case; the silver watch, snuff-box, brooches, pins, tooth-pick, and stud were lost from the box, and have not been found.
JOSEPH HARRISON . I am a corporal of the Royal Horse Guards. On the 21st of December I was at Mr. Corbet's house, Henry-street, Portland-place, between eight and nine o'clock; hearing Mr. Corbet call out, I went and seized the prisoner in the passage leading to the yard - he was coming from the back-door into the house; I took him, and kept him till the Policeman came up - I cannot say whether he had any shoes or boots on in the passage; I did not tread on his feet at all.
Prisoner. When you collared me you threw me down in the passage; my shoes were unlaced at the time, and I told you you had knocked them off. Witness. I did not knock him down. nor did he say I had knocked his shoes off; I saw nothing of them.
MARY HARRINGTON . I am servant to Mr. Corbet. On the evening of the 21st of December, about half-past eight o'clock, mistress told me to take her bonnet and shawl up stairs; I did so, and was going to put them in the bed-room, but was prevented by somebody holding the door - the door was not quite closed when I went up- I saw a hand holding it; I asked who was there - nobody answered; I gave an alarm directly, and ran down stairs - I afterwards went into the room; it was all in confusion, and things strewed about out of the boxes -I had placed a hair trunk in the other room on the Monday, and found that in the bed-room when the alarm was given; it was not locked - that was the samll box; I had seen the desk in the room that day - it was locked then; I saw the window fastened with the catch as late as four o'clock that afternoon, and the blinds were put to - it was rather foggy at that time; I think nobody could go to the room after that, for mistress was out, and nobody but master was at home - he was at home all the time, from four o'clock to eight; I did not open the window -I found it open, and the looking-glass broken.
RICHARD DULLANTY . I am a Policeman. I took the prisoner in custody, searched him immediately, and found part of the silver pen-case, the cover of an ink-bottle, some paint, and 3s. in silver; he had no shoes nor bat - he said they had pulled his shoes off by pulling him about, but when I saw them they were unlaced; he said they were his when produced.
JOHN HENRY CORBET . This part of the pen-case is mine, and fits the handle, and this top of an ink-stand is mine, and was in my desk; the paints are not mine - the silver watch was worth 30s., the three brooches 28s; they were given to me - one was gold chased, the other a garnet pin, which cost 6s; the silver snuff-box was my father's, and cost 31s. 6d.
JOHN CORBET . The silver snuff-box was a present to me eight or nine years ago; I should think it cost two guineas - the case of instruments are worth 1l., they cost me that - I had them when a boy; I looked over the wall, and about the yard, but could not find the property; I found a chisel had been thrown over the wall - the prisoner got with his hands close to the wall; he was there a very short time, but long enough to have thrown the things over the wall - I did not go up stairs between four and eight o'clock; I did not open the window - Mrs. Corbet was absent all day.
Prisoner's Defence. About six o'clock I went from home to Portman new market, to see it - I returned at eight, went home, and unlaced my shoes; supper was not ready - my mother asked me to go to the prosecutor's, to see if my brother was there playing at cards, as there are always people gambling there; instead of going into the tap-room I went through the passage to go to the water-closet, and as I came back, the prosecutor was in the passage with a light in his hand - he said, "There is a thief in the house, James, will you assist me in securing him?" as I came in, I was surrounded, knocked about, and taken for the thief; as to the pen-case, on my dying oath, I can swear it must have been conveyed into my pocket by somebody surrounding me.
[Jan. 5.] GUILTY - DEATH . Aged 22.
First Middlesex Jury, before Mr. Justice Park.
303. ROBERT PRIVETT was indicted for feloniously breaking and entering the dwelling-house of Henry Sheppard , on the 3rd of December , at St. John, at Hackney, and stealing therein, 2 baskets, value 3s.; 1 cod-fish, value 2s.; 12 flounders, value 1s., and 1 cap, value 18d., his property .
Prisoner. Q. Did not you plan that I should go into the country, and steal geese, and send them up to you in a hamper? A. No - we breakfasted together that morning, but not on the Wednesday before; I did not tell you to go to my house, and get my fish to sell for me.
DANIEL CHAPMAN . I am a headborough of St. Luke's. On Saturday night, the 3rd of December, about ten o'clock, the prosecutor came to me, and complained of this - I went in pursuit of the prisoner; I had been in their company that morning, when the prosecutor said in the prisoner's presence, that he had fish spoiling at home - I did not hear him tell the prisoner to go home and sell it for him; they left me in Shoreditch: I found the prisoner on Monday night, the 5th, between four and five o'clock, in Petticoat-lane, selling scissors; Taylor was with me - I told him we wanted him for a robbery at Clapton; I took a cap off his head, which I produce; as we went to the station-house, he told us voluntarily that he had sold the fish and baskets, and spent the money.
JAMES TAYLOR . I am an officer. I was present, and apprehended the prisoner; I said, "Are you aware of what we have taken you for? it is for a robbery at Clapton." and as we went along, he said, "I want something to eat:" I said, "What have you done with the fish and baskets?" he said, "I have sold them, and spent the money."
RICHARD HOLBERT . On the 3rd of December I left home about ten or twelve minutes before twelve o'clock, and as I passed Sheppard's house I met a man who I did not know; I did not see his face, and when I got about forty yards I turned round, and saw him go up to Sheppard's window - I saw a little girl give the key out of the window to that person; I did not see his face, but I saw him open the door and go in - he wore a fustian jacket, a dirty pair of trousers, and a cap; I did not see him afterwards - I went home, and told my wife what I had seen.
MARY HOLBERT . I am the wife of Richard Holbert - we live three doors from the prosecutor's. In consequence of what my husband said I went to the prosecutor's door - I found it open, and the children there; I saw Sarah Sheppard - I asked the children if their father was at home, and a man's voice answered from an inner room,"No, the donkey is not done with yet - he will not be at home for hours." and that he was going to sell his fish for him; I did not go into the inner room - the man came out while I stood there; he was dressed in a pair of dirty looking trousers and a fustain jacket - I did not look at his face, only his back; he put the basket on his head at the time he came out - he told the child to lock the door again: to the best of my belief the prisoner is the man.
Prioner's Defence. I bought the cap for 6d. in Petticoat-lane, of a Jew, the morning I was taken; the prosecutor has spoken false - he has been tried at Chelmsford for horse stealing.
[Jan. 5.] GUILTY - DEATH . Aged 19.
First Middlesex Jury, before Mr. Justice Park.
304. GEORGE LANCASTER was indicted for feloniously breaking and entering the dwelling-house of William Little , on the 3rd of January , at St. Margaret, Westminster, and stealing therein 10 quires of writing paper, value 3s. 6d., the goods of John Parker .
JOHN PARKER. I live at No. 33, James-street, Buckingham-gate, in the parish of St. Margaret, Westminster ; I only occupy the shop, which communicates with the dwelling-house, without going into the street: William Little , who is the landlord, lives in the house - I also live there. On Tuesday evening, the 3rd of January, about five minutes to five o'clcok, I was in my shop serving a customer, and heard a pane of glass snap; I lifted up some pictures in the window, and saw the prisoner's hands through the window, holding some paper, which was nearly as far inside the window as he could reach; I then went out, and stood behind him for about a minute and a half, and he was in the act of drawing the paper out, when I laid hold of him - he had quite moved it from the place where it had been; I brought him into the shop, and gave him in charge of the Policeman, Graham; there were three more with him, but they ran away - I did not know him before; the window had been broken before; there was a hold about the size of my two fingers - that hold was not large enough to draw the paper out; when I secured him the pane of glass was nearly out of the window - it had been broken two days before, and I put a large stiff piece of card against it, and nailed a piece of wood at the top and bottom; I put two tobacco-jars behind that - they were all removed, and the card pushed down; they continued in that way till I heard the glass crack - the paper was not actually taken away.
[Jan. 5.] GUILTY - DEATH . Aged 14.
305. THOMAS FRANCIS was indicted for stealing, on the 28th of December , at St. Mary, Islington, 1 clock, value 18l.; 1 watch, value 12l.; 1 watch-chain, value 2l.; 3 seals, value 1l.; 2 watch-keys, value 8s.; 1 locket, value 5s.; 2 wath-hooks, value 10s.; 2 forks, value 1l.; 1 spoon, value 7s.; 2 coats, value 7l.; 1 pair of trousers, value 30s.; 1 waistcoat, value 7s.; 1 table-cloth, value 7s.; 1 brush, value 3s., and 1 bottle-cover, value 1s., the goods of William Gostling , in his dwelling-house .
MARY THOMPSON. I am in the service of Mr. William Gostling , of Highbury-park, in the parish of St. Mary, Islington - I lived with him two years, and left him a fortnight or three weeks ago; the prisoner worked for Mr. Gostling for about six weeks before I left, as a journeyman employed by our gardener . On the 28th of November he was at the house, and went away about five minutes before two o'clock in the afternoon; he had come to nail some matting over a passion flower in the garden - he then came out of the garden into the kitchen, and staid there for a quarter of an hour or twenty minutes, the outside; I let him out at the side gate leading to the garden - the milkman came to the door, and the tallow-chandler's-man, with candles; they were the only persons I saw that afternoon; I did not go up stairs at all - I went into the kitchen, but no further, till about a quarter to five o'clock, when my fellow servant went up to shut up the house, and called me; I went up, and found the hall door open - I went into the dining-room, but missed nothing there; I found the drawing-room window open, and the clock gone off the marble slab; the window opens in front of the house - there is a small lawn before it: it was a French clock - my fellow-servant went out to get assistance; she brought the prisoner, who lived a short distance off - I asked him to look over the house, for it had been robbed; he said he would go, but it was an unthankful office - we went into four bed-rooms; we first went into the bed-room over the dining-room, and missed mistress' gold watch off the mantel-piece; it had a chain and seals to it; I saw the chain and seals afterwards at Hatton-garden, but not the watch: master and mistress were out - both the doors of the wardrobe in the bed-room were open; I cannot say whether any thing was gone from there - we all came down stairs, and the prisoner said, "You may shut up your house - it is very safe now; don't frighten yourselves - there is nobody in the house;" my fellow-servant went to fetch mistress - the prisoner came into the kitchen once while she was gone; Mr. Wilkinson's coachman was there, and saw him; the priosner said, "You don't want me, I will go;" mistress came home - I missed a kitchen cloth out of my drawer: I had not been in the drawing-room all day before the alarm; I was taken into custody, and bailed - I do not know when the prisoner was taken: a dusting-brush was lost off a marble slab, and a bottle cover - I was cook, and had nothing to do with the drawing-room: the bottle cover belonged to mistress' dressing-case, which was in her bed-room: I afterwards saw them at Hatton-garden.
Cross-examined by MR. CLARKSON. Q. You had known the prisoner some time? A. No, about two months - he had been in the habit of taking tea with me, and we were friendly together: I supposed him to bear a good character - I did not know he was married, but have understood so since: he was working as journeyman to Mr. Protheroe, a nurseryman - he had been in the house before, and in the kitchen with both of us: the property was safe in the morning, no doubt - he came into the kitchen from the garden, and remained in the kitchen with me till he left; I never had him out of my sight - he did not returned to me till after the property was missed - I never saw him in the house: Mr. Gostling's father lives in the neighbourhood - he has a gardener named Isaac: he was in the kitchen with me and the prisoner that day, and had a drop of beer: the prisoner never left me, and I never left him.
Q. When he was fetched did he use all diligence in searching the house? A. Yes: he had been in the habit of coming to the house for five or six weeks - we never missed any thing before; I had asked him to tea that evening, and he said he would come down - I go up stairs every day to help make the beds, and have seen the bottlecover by chance, when mistress has left her case open, and this appears to me to be like it; the brush was to dust the ornaments in the drawing-room - the prisoner knew the housemaid was gone for mistress; he came into the kitchen while she was gone; he went out directly, and said as the house was safe inside he would stand at the gate, and watch - the front door is wood: I found that door open - I believe it was always kept with the chain up when master and mistress were from home; I do not know whether it had been chained that day; the drawing-room window was found open, as if the person had come in at the window, and gone out at the door; the prisoner attended to his work regularly while there - Isaac went out of the kitchen I suppose a quarter of an hour before the prisoner; the prisoner both eat and drank there that day; he was on friendly terms with the servants - I did not lose sight of him at all; when he left our house he said he was going to Mr. Harrison's, to work - he came at his dinner hour to do the passion flower, and as we were at dinner I asked him to take some: Mr. Wilkinson's coachman came while the servant was gone for mistress - I cannot say whether the drawing-room window was fastened; there is only the lawn between that and the road; it has a very low balcony - it is not a French window: it cannot be reached without getting on the balcony, which a person could easily do from the ground - the prisoner came between one and two o'clock: he did not come into the kitchen till he had nailed the flower, which took him about ten minutes; I had seen him come in: I do not think he had time then to get in at the window, and take the things: he left at two to go to work -I did not see him again till he returned with the housemaid.
COURT. Q. Did you tell him what had been lost? A. No - I said the house had been robbed; he went with us to look over the house, and saw what was missed; we all three went into mistress' bed-room together.
THOMAS SMITH . I am a pawnbroker, and live in Edgware-road, Paddington. On the last day of November, or the 1st of December, the prisoner came to my house, and offered to pledge an ormoln clock, with a shade, for 8l. - it was a large French clock, with the figures of Milton and his daughter; it had and oval wooden stand containing music - I asked who he brought it from; he said from a gentleman in Caroline-place, Regent's-park:
Cross-examined. Q. You have been a pawnbroker many years? A. I have been there six years and longer in the trade; his account was suspicious, but I was not positive he had stolen it - my suspicions were not strong enough to detain him; I do not know that I ever saw him before - it was either on Tuesday, Wednesday, or Thursday: I think it was a fine day, but cannot charge my memory - he had a brown coat on; I should say it was the same as he has now - I talked to him for ten minutes; I cannot say what figures were on the clock - my impression was that it was a silver dial; it was white, I believe- I can almost swear it was not a gilt one; it was a round pendulum, I think, but it is impossible to recollect those minute particulars; Milton and his daughter would strike any body before any thing else - it was superior to what I see on many clocks; I cannot say whether there were two holes to wind or one, or whether it would strike.
COURT. Q. Did you open it? A. No.
JOHN KILLINGWORTH . I am in the service of Mr. Parker, a pawnbroker, of King's-road, Chelsea. On the 29th of November, about half-past six o'clock in the evening, the prisoner came and pawned a gold chain, three gold seals, two gold rings, a gold locket, a pair of gilt watch-hooks, and two gold watch-keys, for 3l.; I asked whose they were - he said they were his own; I produce them.
RICHARD MACMICHAEL . I am a waiter, and live at No. 4, Simmons-street, Stoane-square, Chelsea. On the 29th of November the prisoner left a small plated cover with me, and on the 30th a brush, also two duplicates, one for a watch, and the other for a seal - I gave them to the officer.
JOSEPH PHILLIPS . I live at No. 3, Simmons-street, Chelsea. About the 29th or 30th of November the prisoner came into the nursery-ground where I work - he gave me 1s. to fetch some beer; we drank it, and I went to dinner - he came to the same place next day, and was talking about a young man who was out of place - he said it would be of no use for that man to stop in a nursery, he had better go and get acquinted with a cook, as he had done, and then he would have plenty; he put his hand into his pocket, and pulled out some sovereigns - there appeared to me about twenty; I immediately went away.
JAMES CLARK . I am a Policeman. I apprehended the prisoner on Saturday, the 3rd of December - he asked what I wanted him for; I said I supposed he knew of Mr. Gostling being robbed; he said he had heard of it: I asked if he knew a person named Wells, which is the name Thompson, the cook, went by at Mr. Gostling's - he denied it at first, but afterwards acknowledged that he did know her; I took him to the station, but found no property or duplicates about him; I got the clock last night from a public-house in Crawford-street, Marylebone, kept by Bolcum, and here is the brush and bottlecover, which were given to me by Phillips.
WILLIAM BOLCUM . I keep the Duke of Wellington public-house, Crawford-street, Marylebone. This clock was left at my house, to the best of my recollection, on Tuesday, the 29th, or Wednesday, the 30th of November -Burford, who is servant to Mr. Abbott, of Wyndham-place, came that day with a stranger, who I could not swear to; they went into my parlour, and had two glasses of brandy and water, which the stranger paid for - the stranger then asked me if he could leave these two parcels, which were tied up in two silk pocket handkerchiefs; the clock was in one parcel, and the stand in another - I gave him leave; I did not then know the contents: he told me they were heavy, and to take care of them; I took them up stairs, locked them up, came down, and asked him particularly whether any stranger was to have them, and what time he would fetch them; he said he would fetch them himself between seven and eight o'clock that evening, but he did not come; I heard nothing more of him - the bundles were in my custody till last night. On the 22nd of December a young man came to me, with Burford, for the clock, but I refused to deliver it to any body but the person who left it - they came a second time; I did not deliver it, but went next morning to Marylebone-office, stated the case to Alderson, the officer, and the Policeman came and received the clock.
CHARLES BOURFORD . I am servant to Mr. Abbott, of Wyndham-place. I have known the prisoner about three years - I met him in the street in November, with two parcels; he asked me to go and have something to drink - I think it was on a Tuesday, but do not know the date; I went with him to Bolcum's, and he left two parcels there - he told me it was a time-piece and a piece of music belonging to his master.
WILLIAM GOSTLING , ESQ. I live at Highbury-park. This is my clock, and was in my drawing-room - this gold chain and seals are mine, and were on my wife's watch; here is a bottle cover: all these things are mine- I lost that day a clock, a gold watch, chain, seals and key, a locket, and a silver fork and spoon; here is the locket - I know it to be mine, and here are some watchhooks which I know, also this brush; I consider the clock worth 18l., it cost 21l. with the shade, which was left behind.
ELIZABETH RIDGLEY . I was housemaid in the prosecutor's service. I saw the prisoner in the kitchen, between one and two o'clock on the day of the robbery - I did not see him come in or go out; I was only present part of the time - he came into the kitchen while I was there, and I left him there; I found the door open about a quarter to five o'clock - I went over the house, and missed the clock, which I had seen in the drawing-room that morning - I did not go into mistress' bed-room till she returned; I found the wardrobe open - I missed nothing till mistress returned.
Q. Do not you think he could have gone up instead of going into the yard? A. I do not think he could - you were in the kitchen about twenty minutes; you went into the wash-house with me, and put some straw up the chimney for me - you said, "Good by, girls, take care of yourselves;" I cannot say whether the property was safe then.
Prisoner's Defence. I have witnesses to prove where I was at work.
ALEXANDER PROTHEROE . I am a nurseryman at Highbury-park. The prisoner was doing a job for me at the time of the robbery, and had been about a month with me - I thought well of him; he was working for me on the day of the robbery, at Mr. Harrison's, but I had not seen him there - I did not see him at all that day.
Prisoner. Q. Did you not see me about half-past eight o'clock in the morning? A. That was the day after the robbery; you looked ill, and I asked what was the matter with you; I do not recollect seeing you about four o'clock in the afternoon.
[Jan. 5.] GUILTY - DEATH . Aged 33.
First Middlesex Jury, before Mr. Sergeant Arabin.
306. WILLIAM RANDALL was indicted for feloniously assaulting Joseph Johnson , on the 3rd of December , at Hillingdon , putting him in fear and taking from his person, and against his will 1 hat, value 5s., and 1 handkerchief, value 5s., his property .
JOSEPH JOHNSON. I am a carrier , and live at Uxbrindge, which is fifteen miles from London. On Saturday, the 3rd of December, about twelve o'clock at night, I was in the street in Uxbridge town, waiting for two of my father's waggonsfrom London; they did not come at twelve, and I walked towards home - I was in the footway - it was dark; the prisoner came out of the middle of the high road, and jostled against me - he was alone then; I said, "Halloo! my friend! what are you up to?" he said, "Ax my **!" I said, "That is Watford," meaning that was a word used at Watford - nothing more passed then; I walked on about thirty yards - he kept just behind me, and when I came to the George gateway, (that road leads on Uxbridge-common,) there were two men standing in the gateway, and as I went across the gateway I received a very heavy blow from the prisoner, which knocked me down - he was behind me, and gave me a heavy blow, which cut my eye-lid open; I hallooed Murder! and called Hitchin, knowing the watchman, who was going before me; I fell with the blow - my hat was knocked off; I saw the prisoner pick it up, and when I called Murder! Hitchin! they all three ran away together - I had seen the prisoner before; he belonged to lockenden two miles from Uxbridge - I never had any acquaintance with him; my handkerchief was in my hat; I ran after them about thirty yards, calling Murder! and picked my handkerchief up, but have never got my hat - I could not overtake them; the prisoner was taken next evening.
Cross-examined by MR. PHILLIPS. Q. Was it not rather dark? A. It was; it all took place in a very short time; Uxbridge is a large town - I never spoke to the prisoner before; I was knocked nearly six yards - he was behind me when he struck the blow, but there was a good gaslamp over the gateway; he was behind me, or rather on one side when he gave me the blow - I knew where he lived; I did not go to his house - he had no home but his father's, and I did not expect to find him there; I expected he would be denied - he was found at a public-house a mile and a half from where he lived; I had been looking for him all day.
GEORGE HITCHIN . I am a watchman of Uxbridge. About twelve o'clock at night I heard a cry of Murder! I had seen the prisoner at Uxbridge that night, and tried to persuade him to go out of the street; when I heard the alarm I found it was the prosecutor - I could see the shadow of the prisoner's back as he passed the gate, on hearing the cry, and to the best of my knowledge it was the prisoner; there were two short men with him - he was the tallest; I tried to catch them, but could not - I took up the handkerchief in the way they ran, and gave it to Johnson; he was just getting up when I got up to him, and his eye was bleeding; I was about forty yards off when I heard the cry.
Cross-examined. Q. His back was towards you, and you caught a glimpse of a man who you thought was tall? A. Yes; the prisoner appeared sober when I saw him -I had been sent for to get him out of the Bell about twenty minutes to twelve o'clock; I did not see the face of the man who ran from Johnson, but there was a strong lamp just by - I had my lantern in my hand; to the best of my knowledge he is the man - I did not see his face; I had got him and others out of the Bell, and they refused to go away, as they said they were on the King's highway.
GUILTY - DEATH . Aged 22.
Recommended to mercy by the prosecutor, having promised his friends to amend .
Third Middlesex Jury, before Mr. Justice Park.
307. JOHN HARRIS was indicted for feloniously assaulting Elijah Cottey , on the 26th of December, at St. Mary, Matfelon, alias Whitechapel , putting him in fear, and taking from his person and against his will, 1 watch, value 20s., his property .
ELIJAH COTTEY . I am a labourer in the East India Company's service . On the 26th of December, about twenty minutes past three o'clock, I was going along the north side of Whitechapel, towards Mile-end, and between Essex-street and Angel-alley, my attention was arrested by a horse running in the street - I turned my head over my right shoulder, to look at the horse, and saw a man close at my right shoulder; on looking in his face he fell back; I had no suspicion at that time - when I got thirty yards further I got to Angel-alley ; a man then ran violently with his shoulder against my right shoulder - I will not swear it was the same man; he placed himself against my right side, secured my right arm, and immediately a tall man met me in front, and very forcibly ran his hand over the waist-band of my smallclothes, he seized fast hold of my seal and chain, and drew my watch out; the prisoner is the man who ran against
Q. What became of the prisoner? A. I do not know- I did not see him again till I saw him at Lambeth-street, on Tuesday, the 27th; I am quite sure of his person- I did not know him before; I have not found my watch- it was worth 20s.
Cross-examined by MR. STURGEON. Q. You turned to look at a horse - were you not rather flurried? A. Not at all; it was not running towards me - the rains hung at his heels; I turned to look after it, and saw a man, who I do not doubt was the prisoner - it was a bright clear day, but not sun-shiny; there were not many people passing: I am rather hard of hearing, but could hear him- I was very collected; it was in the High-street.
WILLIAM GOLDER . On the 26th of December, about twenty minutes past three o'clock, I was standing at Mr. Morley's door at the corner of Angel-alley; I heard the prosecutor say, "I know what you are about;" I looked round, and saw the prisoner against the prosecutor, standing before him; I saw another man run away - I did not see the prisoner do any thing but stand in the way of the prosecutor, to prevent his going after the other man; the prosecutor went after the other man - I knew the other man before, and have frequently seen him and the prisoner together.
Q. Did the prisoner wait there till the prosecutor came back? A. He waited a minute, looked up the court, and then went away; I saw the prosecutor come back - I rather think I had seen the prisoner and that man go out together between ten and eleven o'clock that morning, but am not positive.
Cross-examined. Q. Do you remember what kind of a day it was? A. A very fine clear day, not at all foggy- I only observed the prisoner standing in the prosecutor's way - he stood there a minute after the prosecutor was gone after the other man, and walked deliberately to the end of the court, apparently to see what was the matter, then walked away; I did not see him hustle the prosecutor.
SAMUEL GREEN . I am a Policeman. In consequence of information from my brother officer, I apprehended the prisoner, in the evening of the 26th, in the City of Norwich public-house, Wentworth-street, about a hundred yards from the spot - there were several in his company; I told him what I took him for - he said he knew nothing of it; I found nothing on him.
Prisoner. I am innocent.
Two witnesses gave the prisoner a good character.
[Jan. 9.] GUILTY - DEATH .
308. BENJAMIN SETH was indicted for feloniously breaking and entering the dwelling-house of Charlotte Cole , on the 12th of December , at Twickenham, and stealing therein, 2 pictures and frames, value 10s.; 1 barometer, value 10s.; 1 tea-chest, value 2s.; 2 tea-pots, value 2s.; 11 knives, value 2s., and 21 forks, value 3s., her property .
MR. ADOLPHUS conducted the prosecution.
THOMAS BUNCE . I am a gardener - before this transaction I lived at Twickenham . On Sunday night, the 11th of December, I was in company with the prisoner, and John Davis , and Joseph Kite ; we had agreed that morning to rob Mrs. Cole's house - Davis was the first that spoke about it; he told us that Mrs. Cole was out - the prisoner was present, and we agreed to meet at the Queen's Head in the evening, which we did; I was there at five o'clock - the prisoner, I believe, did not come till about six; Davis was there between five and six - Kite did not come then; while we were there we agreed to go and break open Mrs. Cole's house - we sat out for that purpose about ten minutes after twelve o'clock; before that we went to the Two Sawyers, and from there to the Bell - that was the last place we were at before we set out to do the robbery; we went from the Bell to Mrs. Cole's - we met Webb, the watchman, in Bell-lane, after we came from the Bell; when we got to Mrs. Cole's we sat in the summer-house till we heard the watchman cry half-past twelve o'clock - I then gave Seth a short crowbar out of my pocket, and he went and made an attempt to get into the back part of the house; finding he could not easily gain an entrance he went to the front - the house is all enclosed; he wrenched open the front parlour window - he first opened the window, and then burst the inner shutters in; there was no outer shutter - I believe the window was fastened; it is a folding window - I am sure it was closed; the shutters were fastened - Davis, Kite, and Seth then went into the house, and I stood outside; they had no light till they got in - they struck a light when they got in.
Q. Did they carry a tinder-box with them? A. Yes; they had been in nearly two hours before I saw any thing of them - they then brought me three or four bundles tied up; I carried them, and put them into the summer-house - they all three went back into the house, and had not been there long before their light went out; Kite and I went across the road, to a gentleman's house opposite, where there is a lamp, and got another light - after they had been in some time they brought me out some wine in a jug; they then went back, and stopped some time - I went to see if they were not coming; they made me stop and drink some more wipe in the house, and we all came away together - we took the bundles from the summer-house, and went straight to the Queen's Head stables - Webb came there two or three minutes after we got there; he saw Kite and Davis, and asked them what they were doing there - they said they had been out having some beer; Webb went away, and then one of them either let or kicked down a jug which they had brought some wine in - Webb then came up and made an alarm; Kite and Davis were the first two who ran away - I followed them; Seth was left behind in Queen's Head yard- I took with me two bundles, which contained the knives and forks and two tea-pots, and a bundle containing plate.
Cross-examined by MR. PHILLIPS. Q. You come to give evidence to save yourself? A. Yes - nobody was present when I buried the things; I did not fetch the plate away afterwards - the hedge I concealed it in has since been cut down; I concealed it behind the bedge, between that and the paling - Davis told us to meet in the evening to concert the plan; I agreed at once to meet him - I had no spite against Mrs. Cole; I had no intention of any thing of the kind till Davis proposed it -I should not have gone if he had not said the lady was out.
Q. Was not Seth discharged, after you gave evidence against him? A. Not to my knowledge - I know William Croft, and was at the Queen's Head with him after the robbery; I had no quarrel with the prisoner there, nor did I threaten to do for him.
Q. Did not you, in the presence of Croft, when the prisoner charged you with charging him wrongfully, say you would not have done so if you had been sober? A. No; I was not in his company at the Queen's Head after the robbery - I was never in his company; I helped to carry his brother's sedan chair - I never had notice that I should not carry it any more; the crow-bar belonged to Smith, the landlord of the house where I lodge - I took it without his leave; I did not furnish the fire-box - the summer house is about fifteen yards from the house; they had not got into the house before I left the summer-house - I went up to the house to see if they had got in; they had opened the window before I got up to them - I was not tipsy, I was sober; I had very little to drink - I will not swear I was sober; I was never taken up before for any thing - I repented very soon after committing the robbery; I did not go away - I was backwards and forwards; I did not give information through fear.
Q. Was it from repentance and the love of justice? A. Yes.
MR. ADOLPHUS. Q. You have been asked if you had any malice against Mrs. Cole, did you at all consider about robbing any other house? A. No - I have not been at liberty since I was taken up, to be at any public-house- I said nothing about the robbery to any soul alive till I was before the Justice; I had no quarrel with the prisoner - no promise of forgiveness was made to me to make a confession; I have not seen or heard of the plate since it was buried.
JAMES WEBB . I am a watchman of Twickenham. On the night Mrs. Cole's house was broken open I met Bunce, Kite, and Davis in Bell-lane; I went four, five, or six yards further on, and met Seth - I knew them all before from children; they were going towards town -Mrs. Cole's house lies that way; about half-past four o'clock in the morning I was going by the Queen's Head, and heard a footstep; I went up in the yard, and saw Kite and Davis - I asked what they were at there; Kite said he had drank a good deal of beer, and was full of piddle - I saw two metal tea-pots on the ground close to Kite's feet; I asked if they were going to be there the rest of the night - they said Yes; I saw nobody but them then - I went away through the yard to my own yard, which is close by; I heard Kite come and call Jem three times - I thought it was his voice; he was calling me -I made no answer; I found he came very near my yard, and I crept into my wash-house - Kite appeared to come close to my yard; he came round, and then went back to the stable where I first saw him; I thought I would see what they were up to, and as I went along I heard something fall down, which made a smash like galss - I then ran into the yard, and hallooed Robbers! Thieves! and sprang my rattle; four men rushed out of the stable directly - I told Kite and Davis, as they passed me, that I could swear to them both; I saw Bunce run, and then saw Seth - I am certain I saw Seth; I went into the stable, and saw all the property scattered about - I saw a barometer, tea-caddy, a pair of pictures, a good many sheets, and table-cloths, some loose, and some things in a large dark shawl; I staid there till the landlord of the house came down, and delivered it to Neale, while I went and got Begent, a constable - I then delivered all the property up to him. and he took it.
Cross-examined. Q. When did you hear Cole's house had been robbed? A. About half-past seven o'clock that morning; I saw Seth afterwards, but did not take him, because I could not see his face, as he had his left arm covered over his face when he ran by me out of the stable - I said I could not positively swear to him; I now swear to the best of my belief, not positively - his height, stature, clothes, and every thing corresponded, and I know I had seen him about ten minutes past twelve o'clock; I knew where he lived - he was not missing that I know of; I do not know when he was taken.
MR. ADOLPHUS. Q. Was Bunce always to be found? A. I do not know; I never knew of his going away - I am sure it was Seth I saw in Bell-lane, because he spoke to me - he was making water then, and I positively believe he is the man I saw rush out of the stable; I have known him ever since he could run from his cradle.
JOSEPH ENGLAND . I keep the Eight Bells, Twickenham. About half-past ten o'clock, on the night Mrs. Cole was robbed, the prisoner, Davis, Kite, and Bunce came in there; they had two pots of beer, and before I could get them out it had turned half-past eleven - they all appeared to me to be in liquor.
THOMAS FITZWATER . I work at Richards' nursery, on the right hand side of the road, leading from Twickenham to Whitton; I was digging there, and found two tea-pots, and a crow-bar.
CHARLOTTE COLE . I live at Twickenham, and have lived there twenty-two years - I had been away from my house for a few days before the 11th of December, but I came home every morning and shut the house up every night - there was not a drawer but what was locked, and every part of the house barred and secure; I was at home on Sunday morning the 11th, and left the house about ten o'clock - I did not lock it up myself at night, for I was taken ill, and Mr. Allnut, a friend of mine, locked it up and brought me the keys - he is not here; the windows do not shut very well; when I left in the morning it was shut as well as it would, and the shutters were fastened with two bars, both of which were fast - I was ill and did not return to the house till Wednesday; I observed every drawer broken open - the back door was broken down, and the window bars were bent; I did not see them myself - I found my property gone; all this property is mine - 40l. would not pay for what I have lost; my house is in Twickenham parish, in Middlesex -I pay rates to Twickenham.
Cross-examined. Q. Have you no servant? A. No, the servant was gone - Mr. Allunt went to see every thing right; I did not see him, as I was in bed - he put the keys into the drawer of the room I was in, about eleven o'clock.
COURT. Q. Did you mean to return to that house to occupy it? A. Yes, I have returned, and intend to occupy it.
Two witnesses gave the prisoner a good character.
[Jan. 10.] GUILTY - DEATH . Aged 32.
Second Middlesex Jury, before Mr. Justice Park.
309. ROBERT LEWIS was indicted for that he, on the 24th of December , at St. Martin in the Fields , feloniously did forge a certain order for payment of money , which is as follows:-Messrs. Hoare and Co. pay to Mr. Robert Lewis or bearer One Hundred Pounds. T FOOKS.
2nd COUNT, for uttering a like forged order, well knowing it to be forged, with a like intent.
3rd COUNT, for disposing of a like forged order, well knowing it to have been forged, with a like intent.
MR. ADOLPHUS conducted the prosecution.
JOSEPH ONIONS . I keep the Horse and Dolphin public-house, St. Martin-street, Middlesex . On Saturday, the 24th of December, about six o'clock in the evening, the prisoner produced a 100l. cheque to me, and asked me to take it to Messrs. Hoare's the banker s, and get cash for it on the Monday, and in the mean time to advance him 2l. - I took the cheque, and lent him 2l.; I told him it would be useless for me to go to Messrs. Hoare's without a receipt, beacause I had been once before for him, and was sent back for a receipt - I went out at his desire, got a half-crown stamp, and he wrote a receipt on it; he came to me on the Monday evening, about six or seven o'clock, and asked if I had been into the City - I told him I had not had time to go; he asked me to advance him another pound, which I did, and he asked me to take the cheque next morning if I possibly could - Mr. Durham, a coal-merchant, called next day, and I desired my wife to give him the receipt and cheque to take to Messrs Hoare's - I had given my wife the cheque to lock up on the Saturday evening, when I received it, but not in his presence; I am sure I gave her the same.
PHOEBE ONIONS . I am the wife of the last witness. On the Saturday before Christmas-day, he gave me two pieces of paper, which I locked in a drawer up stairs; nobody could have access to that drawer - I delivered the same papers on Tuesday to Mr. Durham at a quarter-past two o'clock in the afternoon.
ALEXANDER DURHAM . I am a coal merchant. I called at Mr. Onions' on Tuesday, the 27th of December - his wife gave me two papers; I went to Messrs. Hoare's with them - they refused payment and stopped the papers, which were a cheque and receipt.
JOHN PALMER . I am a clerk to Messrs. Henry Hugh Hoare and Co. - there are four other partners. On the 27th of December Mr. Durham presented to me this order for 100l.; Mr. Fooks has had an account at our house many years - there are not two letters F to this cheque; it is a lawyer's double F - he altered his manner of signing drafts in consequence of something which had happened, he has left out the flourish; I saw immediately that it was not his writing - I have been more than sixteen years in the house; a receipt was brought with it - we detained both; here they are.
JOSEPH ONIONS. I did not see the prisoner write this receipt; I took the stamp into the parlor to him, and left him alone for ten minutes, and when I returned he gave me this receipt - nobody had gone into the room to him.
THOMAS FOOKS. I am an attorney , and live at Sherbourne, Dorsetshire; I know the prisoner - he was never in my employ. This draft is not my writing; I have been concerned for the prisoner's family on some legal business; he had such intercourse with me as to know where I kept my cash - (cheque read).
GUILTY of uttering only - DEATH . Aged 28.
Recommended to Mercy by the Prosecutor .
Before Mr. Justice James Parke.
310. EDWARD TRUDE was indicted for feloniously breaking and entering the dwelling-house of William Yatman , on the 28th of August , at St. George, Btoomsbury, and stealing therein 1 watch, value 18l., his property .
WILLIAM YATMAN. I live in Great Russell-street, in the parish of St. George, Bloomsbury , and keep the house; I went to France in the early part of August, 1829 - previous to leaving home, I locked in a drawer in my private sitting-room, a gold watch and other property - the drawer had a Bramah's patent lock; the watch cost me thirty guineas, and was in very good order - I returned on the
Cross-examined by MR. CRESWELL. Q. I suppose you had a good opinion of him? A. Yes, when he lived with me; he went to live with my mother-in-law - she did not require a recommendation, and did not ask my opinion- I do not recollect his receiving a remittance from the West Indies while in my service; I heard yesterday that he has relations there - he called on me after I returned from France, and said he heard I had expressed an opinion that he was concerned in the robbery, and he had called to justify himself - he said he had been to the west end of the town on the day of the robbery; I did not personally make any inquiry whether that was correct - I had no evidence against him then, and suffered him to go at large.
MARY ANN BOYCE . I have been fourteen years in Mr. Yatman's service. On the 28th of August, 1829, I went to bed about half-past ten o'clock, and left the house secure, and on the 29th I got up between seven and eight o'clock; I found it broken open; there are no outside shutters - they had entered at the back kitchen, by breaking a bar; there was then space enough for a man to get through, and a bolt was forced back on the back kitchen door; a person could then get into the house - I found the wood work of the drawer in Mr. Yatman's room, all broken from the look; no property was taken except what was in the drawer - I knew the prisoner in master's service, and he had been at the house several times afterwards; he was there about three weeks or a month before the robbery -I have employed the prisoner to put down carpets in the house, but not in the room where the drawer was.
Cross-examined. Q. He was in the habit of calling after he left - was he not paying his addresses to the housemaid? A. Not in the house; I may have seen him in the house later than three weeks before the robbery - I saw nobody about in front of the house the day before; the prisoner always conducted himself as a respeotable young man - I have been told since the robbery that he has received a legacy from the West Indies.
COURT. Q. Did you communicate any message to him from his master, about his not coming to the house? A. Not to my recollection.
WILLIAM DUTTON TOWNSEND . I am a pawnbroker, and live in Little Russell-street, Covent-garden. This gold watch was pawned with me on the 18th of September, 1829, for 5l. - I cannot take upon myself to say it was by the prisoner; I gave the person a duplicate; on the 10th of October 2l. 10s. more was advanced on it - the first duplicate was given up; I have it at home - another was given for 7l. 10s.; whether that was given to the person who first pawned it I cannot state - on the 17th of the following March there was a further advance of 1l; I gave a duplicate for 8l. 10s. - I cannot say whether it was given to the same person as the second; I have the second duplicate. On the 7th of February Mr. Dryden produced to me the duplicate for 8l. 10s.; he looked at the watch, paid me the interest, and I granted him a fresh duplicate, which I now produce, and also the former one - the watch was redeemed the same day; I cannot say who by - it was not Dryden: it was first pawned in the name of John Brude .
GEORGE DRYDEN . I am a watch-maker, and live in Little Guildford-street, Russell-square. On the 7th of February I examined a watch at Townsend's; I took a duplicate with me, which I received from Noble; I told him my idea of the value - it was out of repair, and might be worth between 10l. and 12l., as second-hand; this is the watch.
SAMUEL NOBLE . I keep a public-house in Little Guildford-street. I gave Dryden the duplicate to examine the watch, and redeemed it myself the same evening, from Townsend's; it was in February, 1831 - the prisoner had offered me the duplicate for sale the day before; he said he had been out of place some time, that he had heard of a place, and secured it, but every thing he had was in pledge and he was not able to go to the place for want of linen - that he had been better off, had been in good places, and had a gold watch in pledge - that it was his last resource: he offered me the duplicate for 4l.; I asked how he came by the gold watch - he said he had bought it of a butler who had been out of place some time, and was obliged to part with it - he gave me the duplicate, and I gave it to Dryden to inspect the watch; I got his answer, and then gave the prisoner 2l. for the duplicate, and redeemed the watch; he said it was in for 8l. 10s., but did not say whether that had been advanced at one time or more.
Cross-examined. Q. I suppose the duplicate stated 8l. 10s. was advanced? A. Yes; he occasionally used my house, and conducted himself well, as far as I could see.
MR. YATMAN. This is my watch.
Cross-examined. Q. I believe a considerable quantity of property was taken at the time? A. I estimated my loss at 50l.; this is all I have recovered.
Prisoner's Defence (written.) My Lord, I am innocent of the crime; it is the first time I have ever been in this situation - the robbery was, as I am told, committed on the 29th of August, 1829 - a long time ago; they said some plate, sovereigns, and rings were taken besides the gold watch: I lived with Mr. Yatman, and a year and a half before the robbery I left - I served Mr. Yatman honestly, and when I left he recommended me to his mother-in-law, Mrs, Mitchell, No. 10, Chinawalk, Chelsea. When the robbery took place I lodged with Mr. Rawlings, Gloucester-mews, Portman-square - I heard of it, and that they said I had something to do with it, whereby I went to Mr. Yatman, told him I had not, and where I was on the day and night of the robbery - he seemed quite satisfied; Mr. Yatman will say this. My Lord, the watch I never stole, but bought it of a Mr. Tester, who kept the Little Bell, in St. John-street, Smithfield, for 10l. - Mr. Tester died eight months ago, but his brother remembers something about the watch; he drives a coach on the north road, and promised last Friday to see the widow, and will be in town tonight with his coach, and bring word; how Mr. Tester got the watch I do not know - I had money from the West Indies, and so I paid the 10l. for it. Mr. Yatman's housekeeper must remember I had money: I was out of place, and so I soon wanted money, and pawned the watch - then I got
GUILTY - DEATH . Aged 28.
Recommended to Mercy by the Prosecutor, having behaved well in his service .
Second Middlesex Jury, before Mr. Justice Park.
311. JOSEPH MACKINGS was indicted for feloniously breaking and entering the dwelling-house of Philip Matthews , on the 3rd of December , at St. George, and stealing therein 6 shirts, value 20s.; 1 yard of velvet, value 16s.; 6 thimbles, value 4s.; 2 tobacco-pipes, value 4s.; 1 pair of trousers, value 2s.; 1 shawl, value 6d.; 1 silver cross, value 1s.; 6 pieces of silver, value 1s.; 1 brooch, value 1s. 6d.; 6 beads, value 6d.; 1 towel, value 2d.; 2 keys, value 1d., and 2 sovereigns, his property .
PHILIP MATTHEWS I am a dentist , and live at No. 42, Upper Cornwall-street, St. George's in the East , and rent the house. On Saturday morning, the 3rd of December, about half-past seven o'clock, I was called down stairs by my mother, who lives with me; I found the back kitchen window open; it opens into a yard - there is an empty house next door: the wall of the yard is about six feet high - the yard door was also unbolted; there did not appear to have been any violence used: I was the last person up the night before, and went to bed about half-past ten o'clock - I examined the doors and windows; there is no fastening to the kitchen window - it is a sliding window, and was shut close; I bolted the kitchen door inside - all the doors and windows were fast: I had a desk in the shop, which is on the same floor as the kitchen - I left that locked, and found it unlocked in the morning; I missed six silver thimbles, two foreign smoking-pipes, a remnant of velvet, six shirts, a silver brooch, with a gold tongue, a silver cross, a silver pin, some small pieces of silver, and two sovereigns - they were all in the desk when I went to bed at night: I had purchased the duplicates of these things, and redeemed them - I missed a shawl and towel from the kitchen, which I had seen the night before; there are some palings to my yard: I found two of the pales broken down - they were not broken the night before: the empty house is on the side that they were broken; I went into that house, and found the front door open - I went up stairs in that house, and found my shawl, towel, and five spoons, which were not mine, and there was a sheet on the ground which is not mine; I also found there the box empty which had contained the thimbles, brooches and money - the prisoner lived next door to the empty house; I have seen him backwards and forwards there for about a fornight; it is a private house - he only lodged there: I went on Tuesday, the 6th, to Walker's, a pawnbroker, in the Commercial-road, and found one of my shirts and a pair of trousers; I found my thimbles and pipes at Moses', in Ratcliff-highway, the same day - he deals in jewellery and slops; I had not missed the trousers till I found them.
THOMAS WALKER . I am a pawnbroker. The prisoner pawned this shirt and trousers with me on Saturday morning, the 3rd of December, about nine o'clock, for 2s., in the name of G. Mackings - I never saw him before.
DAVID MOSES . I am a dealer in jewellery. I know the prisoner - he came to my shop on Monday, the 5th of December, between eleven and twelve o'clock in the forenoon, and asked if I would purchase some duplicates which he had of six thimbles and two pipes - I asked how much he wanted for them; he said 1s. - I said I would give him 9d., and if worth more I would give him the 3d. in the afternoon: my brother took them out of pawn on Tuesday afternoon; I gave him the duplicate, and he brought me these things, which I gave up to the officer - they were pawned at Walker's.
WILLIAM REEVES . I am a Policeman. On Tuesday afternoon, about six o'clock, I took the prisoner at No. 3, Albion-street, St. George's in the East, in bed, with all his clothes on - I searched him at the station, and found in his waistcoat pocket a duplicate of the shirt and trousers pawned at Walker's; I asked how he came by it, but forget his answer - I found in a slipper which he had on two iron keys, a brass key. a brass ring, a bead and a bone ring.
WILLIAM MITCHELL . I am an officer. I received some things from Moses; I asked the prisoner at the watch-house on the Wednesday if there was any body else in the concern with him - I did not hold out any threat or promise to him; he said No, he had no person to blame but himself - he should bring no other person into it.
Prisoner's Defence. I never saw the neighbourhood where the gentleman lives for a month, for I was ill, and taken from the hospital to the house he apprehended me at - I was never seen near the house, and was in bed when the things were missing; I had been down at the West India-docks, looking for a livelibood that day.
GUILTY - DEATH . Aged 23.
Fourth Middlesex Jury, before Mr. Sergeant Arabin.
312. ELIZABETH OWEN was indicted for that she, at the General Session of the Peace, holden for the County of Middlesex, at the Sessions'-house for the said County, on the 25th of May, in the 11th year of the reign of George the Fourth, was, in due form of law, tried and convicted on a certain indictment against her as a commou utterer of false money, and was thereupon ordered to be imprisoned in the House of Correction, at Clerkenwell, for one year, and kept to hard labour, and that at the expiration of that time, she should find sureties for her good behaviour for two years more, to be computed from the end of the said year; and that she having been so convicted as a common utterer of false money, afterwards, to wit, on the 11th of December , at St. Giles in the Fields , one piece of false and counterfeit money, made to the likeness of a good shilling, unlawfully, unjustly, deceitfully, and felonionsly did utter to one Daniel Pinder , she at the time she so uttered it well knowing it to be false and counterfeit ; against the Statute, &c.
CALEB EDWARD POWELL . I am assistant solicitor to the Mint. I produce a record of the conviction of Elizabeth Owen, at the Middlesex May Session, in 1830, as a common utterer of counterfeit money; I have examined it, and find it correct in every particular - I was present at her trial, and have no doubt of her being the person -(record read.)
GEORGE SAVEL CHESTERTON . I am the keeper of the House of Correction, Cold Bath-fields. The prisoner was given into my custody in May, 1830, and remained there twelve months; she then found sureties, and was released- I was present when she was tried as a common utterer of counterfeit coin.
THOMAS TANT . I am shopman to Mr. Dent - he is a butcher, and lives in Poland-street. On Sunday morning, the 11th of December, about eleven o'clock, the prisoner came to his shop for a breast of mutton, which came to 7d. - she offered me a shilling; I did not remark anything about the shilling at that time - I kept it in my own possession, in my pocket, wrapped in a bit of paper, till the officer came; I asked the prisoner if she had another shilling, because it was a bad one - I told her it was a bad one, and she said she would go and get another; she left the mutton, and said she would go and fetch another shilling- I kept the shilling till the officer came the second time; he came first, just as the prisoner went out at the door, he looked at the shilling, and came again and took it -I marked the shilling before I gave it to the officer.
Prisoner. That man has sworn very false, it was to his master I gave the shilling. Witness. No, she gave it me, my master was by at the time.
DANIEL PINDER . I am a tobacconist , and live in Monmouth-street, about half a mile from the last witness'. On the 11th of December, about eleven o'clock in the morning, the prisoner came for an once of returns tobacco, which cost 3 1/2 d.; she gave me a shilling, and I gave her a sixpence, and 2 1/2 d.; she went away, and I laid the shilling on the shelf by itself; a person came to inquire about the shilling -I looked at it, and found it was bad - I then went to look for the prisoner, and found her in the custody of Gook, the officer; he took her back to my shop - I marked the shilling, and gave it to the officer; I am quite sure it was the same shilling - I had no particular reason for putting it on the shelf.
THOMAS GOOK . I am a constable. On Sunday, the 11th of December, I saw the prisoner with two other women in Poland-street; I went into Oxford-street, and returned again - I then saw the prisoner leaving the door of the shop where Tant is servant; the other women were not there then - I spoke to Tant and Dent, and saw the shilling; I then followed the prisoner as far as Edward-street, where, by a signal, she was joined by the other two women - I am sure they were the same persons whom she was with before; some conversation took place, and I heard the words, "Is it all right," addressed by one of them to the prisoner - the prisoner answered, but I did not know what she said - I followed them down Compton-street, where I met a person, and requested his assistance to follow them; they then went on to the corner of Monmouth-street, where they stood for nearly a quarter of an hour - I then withdrew out of sight for a minute or two, and saw them turn down Monmouth-street, and from what was communicated to me by the person I had sent forward, I watched the door of Mr. Pinder; I saw the prisoner come out, and went over and took her into custody - I met Mr. Pinder coming out of his shop, to look after her; I took her into his shop, and received this shilling, which Mr. Pinder marked first - I found on the prisoner two penny-pieces, one halfpenny, and some tobacco in her hand; I took her to St. Anne's watch-house - she unpinned her things, and put the pins into her mouth; I could find nothing on her, but she gave me three counterfeit shillings and a good sixpence from her month - Pinder saw the sixpence, and said it was the one he gave her in change; I said to the prisoner, "I thought you had swallowed them" - she said, "You have got two cases against me already, and I thought I might as well give you the rest;" I then returned to Tant, and got the shilling.
Prisoner. I hope your Lordship will send me out of the country, for I have got a had connexion in London.
[Jan.7.] GUILTY - DEATH . Aged 26.
Fifth Middlesex Jury, before Mr. Sergeant Arabin.
MR. COBBETT conducted the prosecution.
HENRY CHILD, JUN. I am the son of Henry Child, a farmer , who lives at Edgwarebury, in the parish of Edgware , about nine miles and a half from town. We had some cattle running in my father's grounds; I saw them on Tuesday, the 20th of December - they were then all safe; I went round the field on the Wednesday, but I did not count the cattle - they were then laying down; on Thursday, the 22nd, I missed two heifers - I saw them again on the morning of Christmas-day; I am sure they were what I lost - I knew them by a mark on the hip and on the back, which Mr. Buckoke, the butcher , put on them, and H.C. my own brand-mark, was on their near horns; Mr. Smith's premises are near ours - his bedge joins the ground these heifers were in; he keeps a beer-shop - on the Wednesday I saw that they had been out of our field into Smith's, and the feuce put up again between Smith's boundary and ours.
COURT. Q. You saw them again on the morning of the 25th? A. Yes, in Lord Manners' park, at Tring.
WILLIAM KIRBY . I live with Mr. Smith, at Woodcock-hill - I have been with him about half a year. I have seen Wells at his house, but I did not know his name; I saw him there on the 16th of December - he came about half-past six o'clock in the morning with a black mare; he was there three or four days - he was
Cross-examined by MR. PAYNE. Q. Your master is a large farmer? A. He has about fifty acres of land. I believe - he has taken in harses and cattle to keep; I cannot tell whether he has taken a licence to sell beer, since the new beer act - Freeman was there at the time Wells came with the black mare; they did not came together that morning - Freeman was in the habit of coming there; I do not know where he lives - I have been about that neighbourhood all my life; I do not know that Freeman is a man of that neighbourhood - I lived at Mr. Child's before I lived with Mr. Smith, which is about a mile from Mr. Smith's: there may be four or five or six fields between them - Mr. Smith's and Mr. Child's fields are together; the field the heifers were in is three fields from Mr. Smith's house - other persons drink at my master's.
Re-examined. Q. Did Wells ever come with cattle? A. Not with droves of cattle - I did not know him by the name of Wells; we used to call him Shepherd.
COURT. Q. You had seen before that Wells and Freeman together, drinking as friends who knew each other? A. Yes - Wells brought the mare, and Freeman was there at the time; I think he had been there a day or two - when there they lived at this beer-shop; I believe they slept together - they both slept in the house, and up stairs, I believe; I slept up stairs - I cannot tell how many bed-rooms there are in the house; I have slept half a year in a room at the top of the house - I cannot say how many rooms these are at the top of the house; I have never been all over it.
EDWARD WHITLEY . I am game-keeper at the Rev. Mr. Thellerson's, at Elstree. On the Thursday before Christmas-day I was out early, and heard a gun fired - I came into the road, and met Freeman, coming along before some beasts; I wished him good morning, and he crossed out of the road - I was by the side of a wood; I believe the road is in Bushy parish - there were two heifers behind Freeman, and Wells was behind them; Freeman had a stick down by his side - he put it down as if to conceal it, and he let it drop; the man who was out with me picked it up - I wished Wells a good morning, and asked if he had heard a gun fired; he said, "I think I did;" I think Ereeman was fifteen or twenty yards before the beasts - it was a very light morning; the clock had just gone one.
Cross-examined. Q. All you saw of Freeman was that he was walking fifteen or twenty yards before the beasts? A. Yes - I said, "Good morning," he said, "Good morning," and he crossed out of the road; he had a stick down by the side of him, and it slipped out of his hand -I do not know that neighbourhood.
RICHARD DICKENSON . I am assistant-gamekeeper with Whitley. On the morning in question I was with him; what he has stated is correct - I have nothing to add: I wished Wells a good morning, and he said the same to me- I said, "Where are you going with those two beasts?" he said, "I am going to Aylesbury."
Cross-examined. Q. Freeman was not within hearing? A. No.
HUMPHREY BULL . I am assistant to the constable of Tring, in Hertfordshire. On the 22nd of December I went to Wells' house, to apprehend him, as I had information that he had come home - I found he was in a beer-shop, at Wilsden, near Tring; I went into the shop, and told him I was come to apprehend him - he asked what for, and I told him on suspicion of stealing Mr. Southernwood's mare; there were two Leifers against the door, and when he came out I said, "Whose beasts are these?" he said,"They are mine;" I asked where he got them - he said be bought them of a Welchman at Barham-wood; I took him to Tring, and put the beasts in Lord Manners' park- Mr. Child saw the same beasts in my presence.
Cross-examined. Q. Where had you put them? A. In Tring-park; I am certain they are the same I showed to Mr. Child on the Sunday, Christmas-day - I put them there on the Thursday morning, the 22nd; I saw them several times, and am quite sure they were the same.
MARK WALSH . I am a constable of Chipping, Barnet. I remember Mr. Bull coming me to inquire after Freeman on the 27th of December - I found him, and took him; I said it was for stealing a horse and some beasts - he said, "I have no money in my pocket, but I will go with you."
Cross-examined. Q. He came without any trouble? A. I had a little trouble in finding him, but he went without resistance.
WILLIAM SMITH TUTHILL . I am clerk to the Magistrate at Edgware. I saw the prisoners examined before the Magistrate there; no promise or threat was made to them - this is the deposition of Wells - (read).
Henry Wells, the prisoner, having heard the charge made against him, says, "Mr. Smith told me where these cows were; we walked round part of the field by the side of the wood, then we came back again, and went home to his house- this was a fortnight before, as near as I can say; then he said there was no way of getting these heifers out but by pulling up the hedge, where they had been through before, and letting them come up his field into the road; on the Wednesday night, on winch Mr. Kirby says we were there, Freeman and I went and caught the cows out - Smith had nothing to do with that; he did not go with us - we took the cows up his field into the road to Elstree, to where that gentleman(Whitley) says he saw us by the wood; Freeman went along with me as far as Hinton-bridge, then I could drive the heifers home, and Freeman returned I do not know to where, but Kirby says he was at Master Smith's in the morning - he had plenty. of time to get there; I had the heifers home, where Mr. Bull had them from; he took the beifers away and me."
William Freeman says, "I have nothing more to say than that a great deal of it is false.
WELLS - GUILTY - DEATH . Aged 55.
FREEMAN - GUILTY - DEATH . Aged 40.[Jan. 11.]
HENRY WELLS was again indicted for stealing, on the 16th of December , at Edgware, 1 mare, price 20l. , the property of Thomas Southernwood ; and GEORGE SMITH was indicted for feloniously receiving the same, well knowing it to have been stolen .
MR. COBBETT conducted the prosecution.
THOMAS SOUTHERNWOOD. I am a farmer , and live at Wilden, near Tring, in Hertfordshire . On the 15th of December I had a horse and a mare running in one of my fields, and the next morning I missed the mare - on the 27th of December a man brought her to my yard again, and asked if I had not lost a mare; I said I had - it was my own mare.
Cross-examined by MR. PAYNE. Q. How long had you had her? A. Twelve months last Michaelman; there was no brand or mark on her - I am sure it was mine, from the general appearance; it was a black mare of the cart kind, not fit for riding - I have driven her in a cart many times; I am quite certain it was mine - she might be seven or eight years old, and worth about 20l.
WILLIAM KIRBY . I am servant to George Smith, the prisoner; he lives at Woodcock-hill, near Edgware, and keeps a beer-shop - I have been with him half a year. I saw Wells come to my master's house on the morning of the 16th of December, about half-past six o'clock; he brought a black mare - I saw him riding her; he came up the gateway into the yard - she had no saddle; she had a bridle on - I took her in; Freeman was in the house at the time - Smith was not up; I took the mare into the stable, and tied her up; she remained there all that day, and the next night - my master got up soon after Wells came; I saw them together afterwards - they went to the stable, and just looked at the mare as they passed by - my master said something about the mare, but I did not rightly understand it; he said something that I was to do with her, but I did not hear what he did say; she was afterwards put into the hog-trough field, which is one field from the road - I know all Smith's fields; he has no other field, but what comes up to the road; he had his own cows and beifers in a field adjoining to this one - I saw the mare in the field, but I had no charge of her; I did not hear any thing said about her breaking out of that field - I did not turn her on the common; the last time I saw her in the field was on the Saturday before Christmas, to the best of my knowledge; she was brought on the 16th, and turned out on the Saturday; she staid there till the next Saturday - I did not turn her out, but I saw her after she was turned out by some one; there was a gateway, leading into the field she was in, before she went in, but no gate; after she was in there were two rails and a post put up - there is a wood by the side of that field; I do not think cattle can be seen in that field from the road without people take particular notice; I think I saw Wells at my master's about three months ago, the first time, and he has been frequently there since - he has stopped there two or three times: he sat in the same room, and drank and associated with my master - I remember Mr. Bull coming to my master's on the Monday morning after Christmas; I cannot say what time it was - no, it was Tuesday morning; I saw Bull and my master talking together as I went by the door; I did not know that Mr. Bull came to arrest my master - my master sent me down the road to call Mr. Morris; I have seen Mr. Morris at my master's, but not very often - I went to Wilsden, and Mr. Southernwood showed me the same mare that Wells brought to our house.
COURT. Q. How much room have you for horses? A. Enough for about three or four in the stable; the mare did not have any corn - I did not hear what my master said about her, and cannot exactly say whether he spoke to Wells or to me; I did not put her into the field; my master had no other servant but me - I did not see any carpenter or labourer at work; I thought Mr. Freeman and master put up the rails and post at the gateway; Mr. Freeman was there that day.
Cross-examined. Q. Are your master's fields all grass? A. Yes; he takes in cattle to graze - I was with him at the time of Barnet-fair; he might have one hundred cattle there then - none of them belonged to Wells- this hog-trough field is drier than the others; there were cows in the further field - the mare might be put in the hog-trough field, because it was dryer; my master's house joins the road - his stable joins the house, and there is a gateway by the side of the house, which leads to the stable - I do not know whether they wanted to conceal the mare; I would not have taken it in if I had known it had been stolen - I have seen other persons drinking with my master besides Wells; he has drank with drovers - many people, who keep public-houses, sit down and drink with their customers; I was in bed when Wells went away - the mare remained there; a rail or something must have been put up to prevent her from getting from one field to another, and these rails were put up after she was turned into the field; all the fields were wet, but that was the driest.
COURT. Q. Then your master preferred this mare to his own cows? A. Yes.
Q. What did you mean by saying just now that you believed Freeman put up the rails? A. There was no one there but him and master.
Q. Have you not sworn before the Magistrate that Freeman put them up? A. No; I made my mark before the Magistrate.
WILLIAM SMITH TUTHILL . I am clerk to the Magistrate. This mark was made by this witness to this deposition, in my presence - I took down in writing what he said on his oath; I read it over to him in the usual way, and then gave it him to sign.
COURT to WILLIAM KIRBY . Q. Did you not swear before the Magistrate, and put your mark to it, (reads) "My master and a man of the name of Freeman put up some posts and rails across the gateway after the mare came in?" A. No, I did not swear that they put them up; I said they were put up, and no one was there but Mr. Freeman and my master - I was not there when they were put up; I did not see them come from my master's yard - when the mare came I put her into the stable; Mr. Smith and Wells came and looked her down; my master's cows were not taken in at night.
JAMES BULL . I am constable of Tring. On the 26th of December I went to Mr. Child's, at Edgwarebury, about half-past eleven o'clock at night: I got assistance and started again at twelve, to find this mare - from the information I
COURT. Q. Did you ask him who took the mare away? A. Yes, over and over again, and he said he did not know.
Cross-examined. Q. You say Smith got up as quick as a man could? A. Yes; we had been hunting about in the dark for this mare, but could not find it - I do not think that was because it was dark: we beat the fields almost as close as a gentleman would for game - Smith said he knew a person who went by the name of Shepherd; he did not deny having had the mare there - he did not offer me every assistance to find it; I do not remember that I was asked that question by the Magistrate - I swear he did not offer me any assistance to go round his grounds to see for the mare; he offered me his horse and cart to go to Burnet to find Freeman - he acknowledged the mare was there till the Saturday night before Christmas, about four or five o'clock.
COURT. Q. Did he mention when she first came there? A. He said a man of the name of Shepherd brought her there, but I do not believe he mentioned the day of the week or the month.
DANIEL QUARRY . I am a labourer, in the service of Mr. Child, at Edgwarebury farm. I looked for the mare, after it was lost, and found her on the common, near my master's; I drove her into the corner, and caught her - I took her down to Wilsden, near Tring; this was on the Tuesday - the field that has been described is two fields from the common; it is above two miles round by the road.
Cross-examined. Q. A horse might stray through these fields? A. I do not know; if the constable had gone on the common he might have found the mare - I know Smith is a farmer.
WILLIAM SMITH TUTHILL . I am clerk to the Magistrate at Edgware. I saw Wells examined, and took this down from his mouth; there was no promise or threat held out to him - he was particularly cautioned.
Cross-examined. Q. Do you put questions in the same way they are here? A. Yes.
COURT. Q. Was this read over to him in the course of business as to other prisoners? A. Yes, and he signed it - (read).
Henry Wells , having heard the evidence taken against him, says, "I stole the mare; I rode her up to Mr. Smith's - the man took her, and I went into the house; Smith came down -I had a pint of beer; we drank it together - we went out and looked at the mare; we went in again; I told him the mare might stand in the stable - he asked me if she should lay in all night; I said she was as well in as not: he knew her to be a stolen mare then - he said he would take her into the hog-trough field, he would mound her there, so that she could not come up to the road where people might see her, as he has no other field but that which does not come up to the road; had not that been a stolen mare he would have put her in the first field, with his own pony and cows, but being stolen he put it in by itself - Mr. Smith said, after the advertisements that he should like to keep her himself, he would put her into the common, and let her have her foal there; I suppose he meant to keep her after she had foaled, because he has a right on the common - I made his house my home when I came into the country, and had liberty to brings things there, or I should not have known where to put the mare - he took things when I brought them; it was no use for me to steal things and leave them in the road - I left the mare in his possession when I went away on the Wednesday night, where I had been from the Friday before; I left between ten and eleven o'clock at night, as near as we could guess, Smith not having a clock: that is all about the mare.
Smith's Defence. Wells brought the mare to me three weeks ago last Friday morning, before I was up; my man took her in, put her into the stable, and gave her a bit of hay - I said, when I got up, "Shepherd, you are forward;" he said, "Yes, I have brought up a horse for a friend of mine, who has been distrained on for rent, and he wants to put it here for a few weeks;" I said, "I don't know what to do, I have but one field that is dry;" I said to him in the course of the day, "Shall I turn her out?" he said,"No, the mare is hot, she may as well stop to-night," and she was turned out the next day into the hog-trough field, which is the driest I have got.
MRS. GOODMAN. I live at Smith's; I am his wife's mother - he keeps a public-house, under the new Act. I remember Wells going away after he brought this mare, and I heard him say to Smith, "Take care of my mare Mr. Smith till I come again, and that will be in the course of next week" - he paid me his reckoning; Mr. Smith often drinks with his customers; he is in the habit of taking in cattle - he uses his grass-land in that way after he has got his hay in; I think he had six or seven hundred cattle at the time of Barnet fair - I knew Wells by the name of Shepherd.
COURT. Q. Wells was well known to you? A. No, not very well, I have known him from eight to ten weeks - he may have been there five or six times; Mr. Smith has kept this beer-shop since April.
WELLS - GUILTY - DEATH .
[Jan. 10.] SMITH - NOT GUILTY .
SECOND COUNT, stating to be a female, whose name is unknown.
MESSRS. ADOLPHUS and BODKIN conducted the prosecution.
EDWARD COOK. I have been in Aldgate charity-school for nearly three years; I go backwards and forwards to school, and come home to my meals; the prisoners are my father and mother. In August last I lived with them in Goodman's-yard, Mansel-street ; before that we lived in Red Lion-court, in that neighbourhood - we left there about two months before August; we lived in the garret in Goodman's-yard - there is only one room on each floor; I knew Ann Buton when we lived in Red Lion-court, but did not know her by name then - I had seen an old woman in her company, who was related to her, and I believe slept at her lodgings in Red Lion-court - she used to carry a basket about the street; I have seen matches in it, but I do not know what else - on a Friday in August I saw that old woman in our room; I know it was Friday, but don't know the day of the month; I remember Ann Buton coming to my father's place to inquire about the old woman, I think that was the same day as she came, but am not quite sure.
Q. At what time on Friday did the old woman come? A. I first saw her in the afternoon - I come from school at five o'clock, and believe she came afterwards; whether she had been there while I was at school I do not know - my mother and father were in the room; they had some beer, and afterwards some coffee; I believe it was about nine o'clock, but am not quite sure - we sometimes have coffee and sometimes tea, and generally have it about five or six; I believe the old woman had one cup of coffee, and after that she went and laid herself on the bed, which is on a bedstead; I did not notice whether she went to sleep or not- I used to sleep with my father and mother, in the same bed.
Q. After she laid down on the bed, tell us what you saw anybody do? A. I saw my mother come (she had then been on the bed about half an hour); my mother went and clapped her hand up to the old woman's mouth - she kept it up to her mouth I dare say for half an hour; she kept one hand on her mouth and the other somewhere about her chest - she continued to do that for about half an hour; she then took her hands off - she was standing up, leaning over towards her, while she did this.
Q. While your mother was pressing her in this way, did you not observe the old woman's eyes? A. I walked towards the window where my father was looking out, and did not see her eyes.
Q. You did not see the woman's eyes while you walked towards the window? A. Yes, I saw the woman's eyes rolling - I believe that was after my mother's hands were on her; I never saw her move nor heard her speak after my mother left her.
Q. Are you certain it was after your mother took her hands off the woman, that you saw her eyes roll? A. Yes, it was when my mother took her hands off; I did not hear her speak or see her move after that - I have seen two or three dead persons; they were not in that house - the old lady appeared to me to be dead.
Q. When did your father go to the window? A. I believe it was before mother put her hand up to the woman's mouth - he was sitting by the fire before; I believe he had some coffee with the old woman - I saw her go to the bed, and believe it was before that that my father went to the window; it was open, and he was looking out.
Q. Was it open while the coffee was being had, or afterwards? A. I believe it was after; my father opened it - he had his elbows out of window; I could see him while I was looking at my mother by the bed - I was not looking all the time; I was standing with my back to the fire - the bed was opposite me, and between me and the window; when I saw my mother at the bed I could see the window - the bed is not very high from the ground; while this was doing, I heard my mother say something about some hospital, I am not quite certain which; I believe she was then speaking to the old woman, but do not know whether it was to her or my father - neither of them gave any answer; my father said nothing that I heard.
Q. What took place next? A. Some time after, my mother carried her down stairs; I believe my father came towards the fire - he must have come round the bed to get to the fire; I think it was about half an hour after he came to the fire that my mother carried the body down - she lifted it off the bed herself; I did not see any body assist her - she carried it loose like a baby in her arms; I believe my father remained in the room when my mother carried the body down - I did not see her return any more that night; I went to bed about twelve o'clock - my father came to bed after me; I awoke in the night, and heard some screaming - I do not know whether it was Friday or Saturday; I did not see any one at home that night - I got up about seven o'clock in the morning; I believe my mother was in the room, but do not recollect seeing my father - my mother was up: I go to school at eight o'clock - I went down into the cellar a few minutes before eight, towards the privy; I went to look for some ducks, as I had been told there were some in the cellar.
Q. When had you heard there were ducks in the cellar? A. I believe it was some time before that - I looked about the cellar; there was some light there - in looking for the ducks, I came to the corner of the cellar where the stairs are - it is a sort of a hole made by the stairs turning round; it is rather darker there - I saw the sack there in which the old woman was: I could see nothing but the top of her hair; the top of the sack was just as if a string was tied round it, but not close - I am sure it was the head of a person that I saw; I believe the hair was something black and grey - I have since shown Mr. Harris the bed that was in the room at the time; I think I saw my mother take a sack from under the bed - I am not quite sure whether it was that night or afterwards; I did not notice what she did with it - the sack was just as if it was turned inside out; I believe I saw the same sack in the cellar.
Q. On the Saturday night, the night after this, did you see your mother carrying any thing down Goodman's-yard? A. Yes, I believe it was between eleven and twelve o'clock; she was carrying a sack across her shoulder; it had something in it - I was taken by the officer, when my father and mother were taken into custody; I first told of this to
Cross-examined by MR. BARRY. Q. How old are you? A. Twelve years last Christmas; I went backwards and forwards to school till I was taken into custody - I saw my master and school-fellows: I have been a prisoner in the House of Correction since I was taken - I have been in the same cell with Hawkins, the gallery-man; he is a prisoner, and minds the things there - my schoolmaster has questioned me about this in the gaol; I do not remember anybody else - Hawkins questioned me the first time I came there; I do not recollect his asking me after that - my schoolmaster examined me once or twice; I do not remember anybody else except the steward - he is a prisoner; I have often been examined in the presence of the Magistrate, and Mr. Lea might ask me a question coming along - I was examined by some persons in a room; not before the Magistrate - the solicitor for the prosecution was one of them; I do not know whether there were four or five persons there - I do not recollect that any officer questioned me besides Lea.
Q. How do you know this happened in August? A. I was at school; I think it was August - I believe two or three families live in the house; there were persons in the house at the time the old woman was there - I saw some people on Friday; I did not mention to any body what I had seen - I my father, and mother, were all taken up on the same day: I went to school on Saturday morning, and had a half-holiday in the afternoon - I believe I got to school as the clock was striking eight; it is not far from Goodman's-yard - I think Mrs. Buton was at the room when the old woman was there; I did not see her - I first saw the old woman some time after five o'clock; I believe my mother fetched the coffee - I think I had a little white mug full; I am not quite sure whether the old woman took any - she placed herself on the bed; I was not far from the bed - I could not tell whether she was asleep or not, nor whether she was awake when my mother approached her; I do not know at what time the body was carried out - I did not speak to my father; a boy named Shields said the ducks belonged to him before the Magistrate - I did not know it before; I went into the cellar, to use the privy, which is there, but did not use it - I did not go to look for the ducks after what I found; the place where I saw the sack is dark, but I could see it, and see that the hair was partly black and partly grey - I could see plain enough.
Q. Where were you when your mother went out on Saturday night with something in a sack? A. I do not know; I think I was up stairs, and saw it from the window - there are three flights of stairs; Goodman's-yard is wide - there is no watchman there; I have seen a Policeman close by there at times.
Cross-examined by MR. CHURCHILL. Q. Do you talk to the children of the families in the house? A. Sometimes; there is only one cellar and one privy to the house- they all use it; all who want to use it must go down stairs - I spoke to nobody about Mrs. Walsh before I was taken up; I believe Mrs. Buton asked if I had seen her, but I am not sure; I believe it was dry weather and warm - we sometimes had the window open, and sometimes not; I had my eyes on my mother while I stood by the fire - I said nothing to her; I did not examine the sack in the cellar - I believe I touched it, and ran up to school.
MR. BODKIN. Q. If you had gone straight from the cellar stairs to the privy and back, should you have seen the sack? A. No; there is a window to the cellar, and a shutter, which opens outside - I think the shutter was open when I went down there.
COURT. Q. You saw Lea, the officer; did you not say to him that on the Friday night you had bread and cheese for supper, all of you? A. I do not recollect it; I think I said coffee - I do not recollect telling him that we all went to bed at eight o'clock, nor that my father came to bed to me, and the old woman made her bed in the room.
Q. Did you observe the old woman's countenanee while she was having her coffee? A. I think I have said she was sleepy; her face seemed to me just as if it was brown and yellow - I think that was when my mother had her hand on her mouth, but I am not quite sure; I have seen two little children dead next door to us - I do not know how long ago it was; they used to come and sit at our door -I have played with them, and taken them out a walk; they were younger than me.
Q. You saw the old woman's eyes rolling about, did you see any alteration in the colour of her face at any time? A. Sometimes it might be red, but I think it was brown and yellow after her eyes rolled; it seemed dirty when she was drinking coffee - I did not see any difference in her face from what it was when she was alive; I think I told the Magistrate I had not used the privy, but I am not certain - I was examined three or four times, if not more; I did not tell the same story at first - I told the Magistrate the woman was alive on Saturday morning, because I did not like to tell; I told the true story to the Magistrate afterwards - I told nothing till after I was taken up.
HENRY REYNOLDS . I am a surgeon, and live in Prescott-street. I have heard the account the last witness has now given of the manner in which the woman was treated; a hand being held on her mouth and breast for half an hour was quite sufficient to produce death by suffocation; the appearances of the eye mentioned by the boy might be produced, and most frequently are.
Q. Would that effect be while the hand was on the mouth, or after? A. The motion of the eye is generally considered the last action of life.
Cross-examined by MR. CHURCHILL. Q. If a person was destroyed in this way, would there not be a material change in the appearance before and after death? A. It is not a matter of course; suffocation generally produces an effusion of blood, but that might be modified by age; it is difficult for one who has never seen a person suffocated to state what would be the appearance; I have never seen one suffocated, but have seen them afterwards.
MR. ADOLPHUS. Q. Would there be less appearance of change after eighty years of age? A. It depends very much on the constitution.
COURT. Q. Would suffocation be more readily produced on a person of that age than one younger? A. I should think decidedly so.
Cross-examined by MR. BARRY. Q. The ray of light would be thrown almost perpendicularly? A. It would; the place under the stairs would only have the reflected light; when I had been down there some time I became accustomed to the light, and could see better than at first; the part under the stairs is certainly darker than the other side.
Cross-examined by MR. CHURCHILL. Q. When you had been there some time, were you able to see any thing under the stairs? A. Yes, before I had been there long.
MR. BODKIN. Q. Would a person going to and from the privy be likely to see any thing under the stairs? A. No, I think not; if they were looking about for any thing I conceive there was light enough for them to see a sack there.
COURT. Q. You saw your mother on Saturday night, between eleven and twelve, carrying the sack down the court? A. I recollect seeing her with the sack; it seemed full - I think it was what was down in the cellar: the mouth was not at all open; I was at the garret window, and my mother going down the court.
Q. Did she take the body down with the clothes on? A. I did not see her take any of them off; I do not recollect seeing her go out of the room before she took the body down - whether she mentioned the London-hospital or Guy's I do not know; I do not recollect what it was she said about the hospital - I think I told the Magistrate she said something about an hospital, but nothing more.
Q. Did you not tell him she told you she took the body to the London-hospital? A. Yes; she told me on the Sunday morning that she took the body to the London-hospital - she said it herself; I never spoke a word to her.
ELIZABETH JONES . I am the wife of George Jones . In August last we kept the house, No. 7, Goodman's-yard - the prisoners lodged in the garret; we occupied the ground floor, and have three children - the eldest is eight years old; Mrs. Shields lived on the first floor, and had two sons, one about twelve and the other fourteen years old - Mrs. Steel, a lone woman, lodges on the second floor- the privy for the use of the house is in the cellar, but it is not much frequented, as there are a great quantity of rats in it - there is another close to the house on the ground, which is mostly used; the cellar is moderately light - the window is generally open about seven o'clock - one of Shields' boys has ducks in the cellar. On Friday, the 19th of October, I perfectly well remember seeing an old woman come to the house; she was tall - I did not see her face; she had on a black stuff gown, a light blue shawl, and black willow bonnet - her feet were through her stockings, and she had men's shoes on; I said, at the first examination, that it was an old dark shawl; I did not say it was black - I have now charged my memory better, and recollect it was blue; I observed her particularly, on account of her looking so very poor - I rather supposed, by her carrying a bundle, that she had come to lodge there; she had a large bundle, tied in a rug - it was about ten o'clock in the morning; though poor, her things behind appeared tidy, but I did not see her face - she went up stairs; Mrs. Buton came afterwards to make inquiries if I had seen an old woman go into the house - I think it was the next morning, but am not positive.
Cross-examined by MR. BARRY. Q. Did you go into the cellar on Saturday? A. I cannot tell; I at times put greens down there, but whether I had any then I cannot say - I never went into Cook's room while they lodged there; I was at home on Saturday night - I am always at home at night.
Cross-examined by MR. CHURCHILL. Q. When did you first recollect that the shawl was light blue? A. I cannot say - I strove to recollect after I was first examined, and remember it well; I did not hear Mrs. Buton examined, nor heard a description of Mrs. Walsh's clothes; she was shabby altogether, but tidy.
ANN BUTON . I live in Long-lane - my husband travels the country, as a pedlar - Caroline Walsh was my grandmother; she was eighty-four years old, and a very tall, hearty woman; I never knew her ill but one week for the last six years - she did not stoop, but was very upright; she got her living by selling tapes, lanes, &c. about the street, which she carried in a basket, and she took alms, if they were given to her, and got sometimes apparently more than she wanted; she used to get out between ten and eleven o'clock in the day - she was very comfortable, and clean in her person; she washed her hands and face every morning. On the 19th of October I saw her; she wore a black gown and a light blue shawl, with a border to it, nearly a quarter of a yard wide - it was a very tidy shawl for a poor person; I would have worn it myself - some of the colour was washed out; she had a black willow bonnet on; it was broken in the crown, and pinned with two pins - she wore a purple figured stuff petticoat; it had a kind of leaf on it - and an old shift, very much pieced, but a good colour - she had a pair of grey worsted stockings, which I had knitted for it; they were quite different from what are sold in the shops - they were very much broken at the heels and had not been mended; she wore a pair of small sized men's shoes, which were too large for her, and by their wearing the heel the stockings got broken - I made the pocket for her which she wore on the 19th of August; I had shortly before obtained her a lodging with Mrs. Shaw; I saw my grandmother in Houndsditch, on the 19th of August, at twelve o'clock in the day; she lodged at Shaw's then, and had lodged there for a month - I saw her again at five in the afternoon, in Cutler-street, and found out, by what she then said, that she was going to move to the prisoners'; I had called myself, about twelve o'clock that morning, at Cook's, and saw a bundle tied up in a corner of the room, between the two windows; I did not see Mrs. Cook - I opened the bundle, and found it contained my grandmother's night-gown and night-cap, herLydia Basey is my sister - I saw her that evening after I parted with my grandmother, and learned something from her about my grandmother's going to Cook's - I went to Cook's next morning - the clock struck nine after I got into the room; I found Mrs. Cook there, but nobody else - I looked towards the fire-place and said, "Where is the old lady?" Mrs. Cook said, "She is just gone out;" I said, "Why, I am very much surprised that she should go out when she expected me here the first thing this morning; she said the old lady had told her she expected me; I said I was surprised she should go out so soon?" - she said she had gone out soon, to be home soon; she said Cook was very partial to the old woman, and they had a jolly good supper last night - I said, I was very glad they had enjoyed themselves, and should take the liberty of asking what they had for supper; she said they had potatoes and meat, and that Cook went out and got a drop of something short, to make the old lady comfortable, that Cook seemed very partial to the old lady, and she slept on the bedstead last night; I was very much surprised, and said, "I never knew her sleep with any person, and that she had her own bed to sleep on; her bed laid there the same as I had left it the day before - I had tied it up after examining it, and it appeared to be in the same state as I had left it; when I said I was surprised, she said Cook doubled up that piece of sacking last night to put the old lady on - I saw a piece of something coarse laying on the bed at the time, and said, "What do you mean, Mrs. Cook?" she said Cook doubled it to put underneath the old lady - she said the old woman had got no shift on; I said,"she must have had a shift on" - she said she had none, but if I would give her one she would wash it for her; I said if she was in want of a shift I would give her one, but I did not think she was in want of one; I had taken her a clean shift and cap on the Friday or Saturday before - I said, "Mrs. Cook you must have examined the woman very close to know she had no shift in one night;" she made no reply to that; she said "You have got a small tub, a frying-pan and coffee-pot to give the old lady" - I said I would bring them as soon as I saw her; I had taken those things from her the day before; Mrs. Cook was going out, and asked if I would give her a drop of gin; I said I would give her some beer; she said she could not drink beer - I came out with her, and having my suspicions, I went with her to Bishop's gin-shop; we each had a glass of gin, then went from that house to Brown's public-house, in the Minories, and had two pints of beer; I said it was very strange the old woman should go out when she expected me; she said, "You seem to think from what you say, that we have murdered the woman" - I said, "I hope not, Mrs. Cook;" she said, "From what you seem to say, you think we have destroyed her at our place;" I said, "Mrs. Cook, you put the words into my mouth, but what I think I don't speak now, but you will know of it hereafter" - she wanted me to go to her house to have something to eat; I said I had business to attend to, and would not go - she said she had some cold meat at home; she asked me so often to go that I gave her 3 1/2d to get a 1d. loaf and some cheese; she was to bring it to Brown's, and we were both to have it there - she went out with the 3 1/2d, I stopped there about two hours, and she never came back; I went in search of my grandmother for three-quarters of an hour, about the streets and places where I knew she used to go, but could not find her - I then went to Austin's in Houndsditch, and pawned a gown in the name of Walsh for half a crown; I then went to Anderson's in the Minories: he is another pawnbroker - I afterwards went to Cook's lodgings; I got there between five and six o'clock in the evening - both the prisoners were in the room; I said, "Mrs. Cook, has the old lady come home yet;" she held up her hand and beckoned, as if to tell me not to say anything - she gave me no answer; her husband was sitting in a chair; he stood up as I went in, and went towards the window - these signs were made behind his back; he stood at the window two or three minutes, and she whispered to me very softly, and said, "You must not tell Cook that I have been in your company, or drinking with you" - Cook went down stairs in a few minutes; he said nothing - after he was gone Mrs. Cook told me that Cook had beat her most unmercifully - she had marks round her face, and was quite red; I asked why he beat her - she said he had beat her so, through going out with me, that he said she had no business to go out with me, looking after the old lady - that he said she had no business to go out, in case anything should drop about the old lady; I went several times to Cook's to enquire for my grandmother, and to some prisons, hospitals, and poor-houses - Mrs. Cook went with me to one poor-house; I could hear nothing of her, after searching on Sunday and Monday - I went to Cook's room between six and seven o'clock on Monday night; they were both in the room - I told them where I had been looking for her, and what I had been doing; Mr. Cook said I had better wait till the month was up, and very likely I should hear of her, dead or alive then - Mrs. Cook asked me eight or nine times to stop there that night and sleep, as I was so tired; Cook was sitting in a chair, cleaning his boys boots, and could hear what she said - the boy was in the room - she asked me so many times I said, "I have a sister's house to sleep in, and do not want your lodging;" she said I might sleep on my grandmother's bed, and perhaps while I stopped there, my grandmother might come home.
Q. I believe then you made some complaints at the Police-office? A. Yes, it was not till October that Lea took
Cross-examined by MR. BARRY. Q. How old are you? A. Twenty-nine; I lived with my grandmother for about a year before she went to Shaw's - she lodged there a month all but two days; I saw her almost every day - I was never a week without seeing her; I saw her after giving her the shift, on the Thursday.
Q. How do you know she had on the patched shift on Friday? A. She put it on while I was in the house, and could not take it off till I took her another; I gave her the shift the week before.
Q. Did not Mrs. Cook say Cook had beat her numercifully for getting drunk with you? A. Yes, she said so, but she did not get drunk with me; we only had two pints of beer and a quartern of gin.
Cross-examined by MR. CHURCHILL. Q. Did you look at the sacking? A. I did not take it in my hand; I saw there was sacking there - I never knew such a thing to be put on a bed; it laid on the bed, folded up as a blanket or sheet - I did not open it; it was new canvas - it was more like what is used to carry coffee in; she went out readily with me, to look for my grandmother.
WILLIAM AUSTIN . I am a pawnbroker, and live in Houndsditch. On the 20th of August, a gown was pawned with me, in the name of Welsh, for half a crown; (looking at a duplicate produced by Ann Buton) this is the duplicate - it is dated the 20th of August.
LYDIA BASEY . I am Buton's sister - my husband is a boot-closer; I am Mrs. Walsh's grand-daughter. On Friday evening, the 19th of August, between six and seven o'clock, I went with her to Mrs. Cook's lodging, in Goodman's-yard - it was the day my child went to Norwood; I went up to the door of the garret with her, and left her there - I heard Mrs. Cook's voice, but did not go in; I saw my grandmother go into the room - she was then in her usual health, and had on a black willow bonnet, rather broken in the crown, a blue shawl with a border, the colour rather washed out, a black stuff gown, a purple figured stuff petticoat, a pair of grey knitted stockings, and a pair of rather small men's shoes; I had a child in my arms, fourteen months old - as we went to Cook's my grandmother turned up her gown, put her hand into her pocket, and gave the child a biscuit - her pocket was between her gown and petticoat; I could see it - it was a pocket which I had seen Mrs. Buton make her I am certain; I noticed an iron mould on it - this was at the top of Houndsditch; we continued together till we got to Cook's - I had given my grandmother the shawl which she wore; there was a stain on the shoulder of it; when I left her at Cook's door she had her basket in her hand, which she usually carried about the street - she was then clean in her person and her clothes; I was on very good terms with her, and if anything had happened to her I should have gone to her immediately, if sent for.
Cross-examined by MR. BARRY. Had she ever been a pauper in any workhouse? A. Never - I went to different workhouses and hospitals in search of her for several days, with my sister; I believe my sister gave information to the Police a few days afterwards, but I was not with her.
Cross-examined by MR. CHURCHILL. Q. Did you know Mrs. Cook before? A. I had seen her, but never spoke to her; I have heard her speak, and knew her voice.
ANN BUTON. I went to the Mansion-house about my grandmother the next week.
JAMES LEA . I am an officer of Lambeth-street. About the 16th of October a gentleman named Simpson came to me with Buton and Basey - in consequence of what they said I went in search of the female prisoner; I went to White Horse-court, having heard they had moved there; it is close to Goodman's-yard; I went there on Friday, the 28th of October, and found Mrs. Cook coming out of the court - I followed her to Rosemary-lane; Mrs. Buton was with me, and pointed her out; I did not know her before - I went up to her, and told her she must go with me before a Magistrate, respecting the old lady who had been at her house in August, and had been missing - she said the last she saw of her was on the Saturday morning - that the old lady gave her a halfpenny to go and get a halfpenny worth of sugar, and she had given the old lady her breakfast about seven o'clock, before her husband came home, as she did not want him to know she breakfasted there; she said she left the pot on the hob for Cook's breakfast when he returned: I asked her what time Cook got up that morning - she said between four and five o'clock - she then said, "Have you got Cook?" I said No - she said, "Go and get him directly;" I asked her where he was - she said he was at work in letter C warehouse, St. Katharine's dock, and said, "Go for him directly" two or three times over - I asked what time she went to bed on the Friday night - she said they all went to bed about nine o'clock; I asked what she had for supper - she said cold meat and coffee; Mrs. Buton, as we went along, said,"You know, Mrs. Cook, what you have done with the old woman;" she said if she had done any thing with her God would burn her soul in hell flames - she said that after she gave the old woman her breakfast she (Cook) went to the Tenter-ground, and left the old woman and Cook smoking by the fire, and when she returned she found the room swept up, and the old woman gone; I then locked her up - she said, "Make haste - go directly for Cook;" I went to the docks, and called him out - Mrs. Buton was with me; I told him a young woman wanted to speak to him - he came out; I said, "That is the young woman. I suppose you know her;" he said he did - I said he must go with me before a Magistrate, respecting an old woman who had been at his house in August last, and was missing, and there was a great mystery about it; he said very well, it was very proper it should be inquired into - I asked him what time he went to bed on the Friday night the old woman was there; he said the old woman was there on the Friday night, and she had made her bed in the corner of the room; I asked what time he went to bed - he said at a quarter-past eleven o'clock, as near as he could recollect; I asked what he had for supper - he said hot meat, and to the best of my recollection, tea; he said they all went to bed at that time, and he saw the old woman in the morning at breakfast - he said he got up very early that morning to look for work, and he thought it might be about seven o'clock when he returned; he could not recollect whether the old woman was gone before he returned or after.
Q. You mean Mrs. Walsh? A. Yes, she alluded to her; the man corrected her, and said it was Hoxton work-house - she said, "That was the woman that died in the London-hospital;" the man then said if he should suffer for it, as no doubt he should, it would all come to light who had done it - I produce a pocket, which I received from Mr. Elder, of the Tower, also a basket and jug, which I got from Mrs. Tibbles - a sack, which I found, cut open, on the prisoner's bed; (they had nothing else to cover them,) and a cap, which Mrs. Buton gave me.
Cross-examined by MR. BARRY. Q. The first information you received was in October? A. Yes; I had not seen the boy before I took him - what he said to me was while he was in custody; the grand-daughter might be a yard and a half behind us when I had a conversation with the male prisoner - Mr. Wilmot was in the coach with me- I have heard the woman had three grand-daughters, but one has been dead some time.
Cross-examined by MR. CHURCHILL. Q. When you locked them in separate cells, had they the means of knowing you were listening? A. No; I was on the steps of the office - it was about the second or third examination.
MR. BODKIN. Q. You have some black stuff in your hand? A. Yes, two pieces; I found them in a corner of the cellar in Cook's house - one of them appears to be the cuff of a gown - it is bombazeen, and the other is a piece of black stuff, apparently a piece of the tail of a gown; I found them about three weeks or a month after taking the prisoners, up in a dark corner, near the privy - I had not said a word about the woman's clothes in the coach, when Mrs Cook said the grand-daughter had brought them - there had been no examination that day; they were merely called in and committed - the witnesses had been examined a fortnight before, about the clothes; she also said, if any body had put the old woman away, the granddaughter must have done it.
MR. CHURCHILL. Q. What did the boy tell you about the old woman making her bed? A. He told me when I first took him that the old woman made her bed in the corner of the room, and they had bread and cheese for supper - that was when he was considered a prisoner under this charge, as being concerned with his father and mother- he said they went to bed at eight o'clock, that the old woman made her bed in the corner of the room - that he went to bed first, his mother next, and he did not see his father come to bed at all; he afterwards said he was very much frightened, and was a great mind to run down stairs.
COURT. Q. The conversation with him was before he was examined at all? A. Yes, it was after he was admitted an evidence that he said he was a great mind to run out of the room, and he was very glad he had told the truth.
MARY SABLE . I am a widow, and carry on business in the clothes line, in Rag-fair, Rosemary-lane; I know the female prisoner quite well. The first thing she brought to me was a pair of stockings; that was about the middle of September - she asked if I would buy them; I looked at them; she said they were a very good pair of home made stockings, and asked 6d. for them, saying they were well worth 8d.; I gave her 4d. - they were what I call lead colour, made of worsted, and had been worn; I sold them the same day, and have not seen them since - the heels were darned with white worsted, which appeared lately done; they were knitted, and different to what are sold in the shops - she brought me a cap a very short time afterwards, and asked if I would buy it; it was a cap of this kind -(looking at one) - I looked at it, but did not buy it; I cannot say whether it had thread or cotton edging, but it was a cap like this; she brought me some darning cotton in skeins, and something else, either tape or stay-laces, I do not recollect which; they were wrapped in paper - I think it was the day after she brought the cap; she brought me, a day or two after, a parcel, wrapped up, and asked me to buy it; I unfolded it - there was a petticoat of a plum colour with a figure in the pattern, and there was a linen shift, which was a very good colour, but mended, by pieces being put on; I did not buy these things, or the tapes, &c. - when I went to look at the things she said, "Put them down by the side of you, I don't want any body to see what I am selling you;" a day or two after she brought me a shawl, which I did not buy; I looked at it - it was blue, and the middle was plain; there was a light border five or six inches deep - Mrs. Cotton, who sat next to me, bought it; the colour was very much washed out, and there was a place on the shoulder which seemed to be a stain; after Mrs. Cotton bought it she left it in my possession for two or three days - she also brought a rush basket to me; it was not like the one produced - she offered me a pocket, which Mrs. Channel bought; (looking at one) - this is it; I know it by this iron mould.
Cross-examined by MR. BARRY. Q. When was you first spoken to about this? A. I cannot say; it is more
SARAH COTTON . I live in Crown-street, Curtain-road, and buy things in Rag-fair. I bought a shawl of Mrs. Cook about four months ago; I do not recollect on what day - it was what I call a light grey, with a border four or five inches broad, and lighter than the shawl, and washed out; the colour was faded - I did not notice a stain on it; I gave her 6d. or 8d. for it - I left it with Mrs. Sable from Saturday till Thursday, as I went out to work - I am sure it was the one I purchased of her; I afterwards sold it - I do not know who to.
HANNAH CHANNEL . I am in the clothes line, at Ragfair; I know Mrs. Cook by sight. She offered me a shawl, about three or nearly four months age - I did not buy it; it was light blue, with a stain about the shoulder part, about the length of my finger, and not so wide as my hand, as if something had been spilt on it; it had a light border, about four inches deep; the colour was faded - she afterwards offered me a pocket, a habit shirt, a baby's cap, and about two yards of ribbon; I bought them - this is the pocket I bought of her; I sold it to Celia Burke; she brought me some threads and laces, but I did not buy them; the thread was rolled up in light blue paper, with a string tied round it, as if for sale - the laces hung out at the end of the paper; I have seen people carry such things about the street for sale in that state.
Cross-examined by MR. CHURCHILL. Q. Is there a difference between things sold in the street and a shop? A. They are tied up in larger paper in shops.
CELIA BURKE. I live at Dulwich with Mr. Elder. I bought a pocket of Channel in Rag-fair, about a month or six weeks ago; there was an iron mould in one corner of it- that produced is the same; I gave it to Mr. Elder.
MARY HAYES . I am in the clothes line, in Rag-fair. -About four months ago Mrs. Cook offered to sell me two petticoats, a shift, and a shirt; I did not buy them - I looked at them; one petticoat was purple figured stuff - it was a stripe and not quite straight; the other was black bombazeen, and I could tell it had been made out of an old gown - one of the petticoats was made of stuff, just like the piece produced by Lea; the shift was a very good coloured linen one, but there were many patches on it; I saw her with a cap, but I did not buy any thing of her -I can swear the cap was the very same kind as the one produced, but cannot swear it is the same; I saw her with a pocket, and noticed an iron mould on it.
Cross-examined by MR. BARRY. Q. Had the petticoat stripes all down? A. Yes; they were not straight stripes - they waved.
SARAH BRADLEY . I live in Jewry-street, Mineries - I know Mrs. Buton, and knew Caroline Walsh . I saw her last on the 1st of August; she had a black gown on, a blue shawl, and an old black willow bonnet - I am sure it was not silk; she was carrying a little rush basket with threads, cotton, and stay-laces - I knew her before.
MARY COLEBERT . I keep a stall in Rag-fair. In September Mrs. Cook offered to sell me an old black bonnet; I cannot tell what it was made of, for I did not take it in my hand - I did not buy it, because it was not worth buying - it was nearly worn out; I cannot say whether there was a crack in it.
ELIZA DUNHAM . I keep a stand in Rosemary-lane. -On Saturday evening, the 24th or 25th of September, I bought some laces, cottons, pins, and needles of Mrs. Cook - there was a collar or habit-shirt, but I did not have that; she brought the things in a blue piece of paper, tied round with a string, and she had a cloth round them; she asked 6d. for them - I gave her 5 1/2d.; she said,"Don't let any one see them, for they know I don't deal in these things;" nothing more passed.
LYDIA BASEY . This was my grandmother's pocket - it is the one I saw on her, and had seen my sister make - I know this cap; my sister had half a dozen of this pattern - she gave my grandmother one of them; I am sure it is the same - she had a cap like this on, on Friday, the 19th, but it was rather dirty.
ANN BUTON . This is the pocket I made my grandmother, but I did not sew these strings on it; it has different strings now - it is entirely my own work, and here is the iron mould; I described the pocket to a person in the lane before I saw it - I positively swear it is the pocket my grandmother had on.
Cross-examined by MR. BARRY. Q. It is a common sort of canvas? A. Yes.
COURT. Q. Do you know your own work? A. Yes; she had on a black bombazeen gown - I cannot swear whether this cuff belongs to it, but it is exactly the colour of it; the sleeves were mended with bombazeen towards the hand - the flowers on the petticoat went of a turn; it was a kind of flower pattern, which went down not exactly in stripes, but it was a much lighter colour than the ground: I never took any clothes or bundle to Mrs. Cook.
MRS. BASEY. I never took any clothes to Mrs. Cook, and never gave her any at any time.
Cross-examined by MR. CHURCHILL. Q. Have you another sister? A. No, she has been dead about twelve months.
JOHN SCALES . I am beadle of Allhallows Staining. On Saturday evening, the 20th of August, between eight and nine o'clock, I found a woman sitting on the steps of a door, in London-street, Fenchurch-street; I took her to the watch-house, and got Mr. Lewis' medical assistant to attend her - she appeared in a great deal of pain, and could not walk; I was obliged to carry her there - I did not particularly notice her dress; her clothes appeared all dark together - I took her to Mr. Tibble's farm-house, Hoxton, where we farm our poor; I got there at half-past ten o'clock that night - she gave me her name as Catherine Walchman , and told me she lived in a court in Sun-street - I went and inquired there before I took her to the house, but I could not find any such place; she was in so feeble and low a state she could not point out where she lived - I got her a pint of porter, a 1d. worth of bread, and 1d. worth of tobacco; she was an Irishwoman, and she thought it would do her good - she had a basket with her, which is here; it was a basket of this description (a hand-basket) - there was a blue jug in it; I left the basket, with the jug in it, at the work-house - I asked her going along if she had friends in London, but, being in so feeble a state,
Cross-examined by MR. BARRY. Q. Was she tall? A. Yes - she told me her age was between sixty and seventy.
MRS. BUTON. My grandmother came from Kilkenny.
THOMAS BAILEY . I am assistant to a surgeon. On the night of the 20th of August I went to St. Catherine Cree watch-house, to see Catherine Welch; she seemed between sixty and seventy years old, and was in a great state of exhaustion - she was in a very filthy condition; she had on a black silk bonnet - I am quite sure it was silk; she had a blue jug in a basket, with a few tea-leaves, and a few matches; I thought it was a rush basket - it was such a jug as this; a roll was put into the basket before I left - I had seen her in London-street in the middle of the day, sitting down on a step, drinking out of the jug; she was then groaning - somebody at the watch-house asked her where she had slept the night before; she said in some court in Sun-street, Bishopsgate - I saw her dead at the London-hospital on the 3rd of September, when the Inquest sat, and am sure it was the body of the same woman; I believe she told me she had felt a pain in her loins for a fortnight.
Cross-examined by MR. BARRY. Q. Did she appear to be an Irishwoman? A. Yes - she was tall, and had a shawl on; I do not recollect the colour of it - I did not see her pockets.
JOHN ROBINSON . I am door-keeper at Tibble's poor-house, Hoxton. I remember Scales bringing a woman there on Saturday night, the 20th of August: this basket was brought with her, and this jug, but it was not in the basket - I know this is the basket; she staid there four or five days, and was then removed to the London-hospital.
BARBARA HOLMES . I am nurse at Tibble's house. I remember an old woman being brought there on the 20th of August; she spoke like an Irishwoman, and said she had got no relations at all - she was in a very dirty, filthy state, and very lousy; she had no shift on - her clothes were burnt, on account of their filthy state: she had on an old narrow-striped blue washed out gown, and a little bit of a shawl, which was snuff-colour, and a black silk bonnet - I am sure it was not willow: she had a pair of old black stockings - they were not knitted; I saw her feet - she had very filthy and dirty long feet, and her hip was broken - I did not notice corns on her feet; she was sent to the London-hospital in a few days - her great state of lousiness must have been a long time contracting; Mr. Parkinson saw her on the Sunday.
JOHN PARKINSON . I am a surgeon - I attend Tibble's farm-house. On a Sunday, about four months ago, I saw a woman who had been brought there in a coach the night before: I found her in a very exhausted state - her body very much emaciated; I should say she was between sixty and seventy years old - I did not perceive any vermin when I saw her; I should think the emaciation had been of slow progress - my attention was not called to the fracture till two or three days after; that was of recent standing - I did not notice her teeth; I could hardly judge of her complexion, she was so very filthy, covered with dirt - when I first saw her I thought she was merely exhausted for want of food, and ordered what was necessary - I afterwards saw the same woman in Mary's ward, at the London-hospital.
SARAH REDMAN . I am nurse in Mary's ward, London-hospital. I recollect an old woman being brought there the latter end of August; she was in a very filthy state, and had a fracture in the hip - she told me her name was Catherine Welch, and that she came from Waterford; I made a memorandum of her name at the time - she told me she was sixty-one years old, and had no relations whatever; a gentleman came to see her - I do not know whether it was Mr. Parkinson; she had no front teeth - her hair was grey; she had very little in front - it was entirely grey, quite white; I recollect her dying - she had her hair on then.
PRISCILLA BRADLEY . I am assistant nurse in Mary's ward. On the 25th of August I remember an old woman being brought from Tibble's; a gentleman came to see her- I cannot say whether it was Mr. Parkinson; the woman was in a dirty state - she had clean linen on, but had vermin about her; we took her clothes down into the burying gound, and they were destroyed there, they were so filthy - we asked her several times where she came from; she said from Waterford - she gave us no other name: she was as dark as a mulatto - I am certain of that; I washed and cleaned her, and noticed she had two toes, one lapped over the other in an unusual way, and she had bunions on both feet; I fed her, as she was too exhausted to feed herself - she had two teeth only in front, in the top jaw: she had two front teeth in the bottom jaw, but I did not notice any more - I only noticed two teeth in her upper jaw, and two in her under jaw: she died there; I was present afterwards when her grave was opened, and her body taken up - it was shown to Mrs. Buton and Basey; I recognized it as the woman I have spoken of - I had tied a cotton roller round her face, and found that on the body then.
Cross-examined by MR. BARRY. Q. You do that to most who die there? A. Very seldom, only if they have nothing else; other persons were dug up in consequence of this - she was a very dark brown woman, not red in the face.
ANN GARDNER . I am assistant nurse in Mary's ward. I recollect in August last an old woman being brought there; her name was Catherine Welch - she was of a very dark complexion indeed; her toes lapped one over the other.
EDWARD HORTON WILMOT . I am beadle at the anotomical theatre at the London-hospital. I had no knowledge of the woman when living; I was present at her burial and at the opening of her grave - I have her skull here- there are five teeth in the lower jaw, and five or six in the upper.
ULFRAGE HAMILTON . I am assistant surgeon at the London-hospital. I have examined the skull; there are two teeth on each side of the upper jaw, but no front ones- they have been out some time before death.
ANN BUTON. My grandmother's teeth were good in front; she had front teeth in both jaws; I saw the body
THOMAS BASEY . I am Basey's husband. I frequently saw Mrs. Walsh; as far as I could see her teeth they appeared very good in front, except one - both jaws appeared good; I have seen her feet, but never observed corns or bunions - I do not know her basket.
Ross' Defence (written). I am innocent of the dreadful offence with which I am charged; I trust you will excuse me, and not think me wanting in parental regard and affection towards the principal evidence in this melancholy circumstance and case, but I cannot help repeating that my son's statement is false throughout, but I leave my unfortunate case in your hands, and most earnestly pray that God will pardon my child, and that he may ere long he brought to confess that I am innocent of the charge - I calmly resign my case to your hands.
Cook's Defence (written). I can only repeat what I have before stated at the Police-office, Lambeth-street, that I am entirely innocent of the horrible crime laid to my charge; I again repeat also that my son's statement is one tissue of falsehood and lies - I shall throw myself upon the attention and discrimination of an intelligent Jury and merciful Judge, and patiently and calmly resign myself to their decision.
Ross. I left her at the fire-side, smoking her pipe; this woman knows she was dirty, and the colour of a Portuguese - she had nothing on but rags: I told this woman of it - she said if she gave her a shift she would go and sell it for tobacco; she never would let her sleep in her house without throwing her things down in the cellar: I know a gentleman sent to my child in prison, and told him to lay the blame on me, to clear himself; I blame the school-master for corrupting my child, and nobody else.
Cook. The boy left the room and went to school, leaving the old woman and me in the room; she swept the room up, smoked her pipe, put some matches into her basket, and said she should go out, but not stop long; that is all I know of her, so help me God.
ROSS - GUILTY - DEATH . Aged 38.
[Jan. 6.] COOK - NOT GUILTY .
OLD COURT. THURSDAY, JANUARY 5.
First Middlesex Jury, before Mr. Justice Park.
THOMAS WELLS. I keep a public-house in the parish of Marylebone - David Budden lives with me; we pay the rent jointly. On the 24th of December, about one o'clock in the day, the prisoner came to the house with a very decently dressed man - they went into the parlour together: the prisoner came to the bar in about ten minutes, and called for a pint of beer, which he took into the room; the man came out in about a quarter of an hour, and had a glass of brandy and bitters at the bar - while he was drinking that the woman came out: she took no notice of the man, but walked across the passage, and out at the door; I suspected something, went into the parlour, and the clock was gone - it stood eight or nine feet from the ground; I did not observe that she had any thing - I immediately went out, leaving the man in the house; I saw the prisoner, and secured her, with the clock under her cloak, and gave her in charge - I think it is worth 5l. - she had paid for the porter herself.
Prisoner. Q. Was not the man there before I came in? A. No; I am certain they came in together.
Prisoner's Defence. I knew the gentleman - he asked me to go and have something to drink; I said I was going further - he asked me to meet him at the Lord High Admiral, and in about three quarters of an hour I went and met him there; the clock laid on the table, and he asked me to pledge it - I did not know but it was his own.
GUILTY of stealing, to the value of 99s. only . Aged 22.
Transported for Seven Years .
Before Mr. Baron Bolland.
There being no proof of the house having been fastened, the evidence was not proceeded with.
NOT GUILTY .
EDWARD CROCKFORD. I am the son of William Crockford , who keeps a club-house in St. James'. William Glassborow was a waiter there, and had access to the plate; I have lately missed a large quantity of silver forks, spoons, and ladles; I saw some spoons and forks on the 4th of December, at Page and Son's, and Ashman's, in Longacre - I do not know the prisoner; I saw him at Marlborough-street on the 8th or 9th of December, and asked if he was not aware that Glassborow could not have come honestly by the spoons and forks; he replied that he knew they were stolen - they were produced, and a letter was produced as having been found on Glassborow, and he acknowledged being the writer of it; this was not during the examination - (read).
To Mr. Glassborow, Crawford's hotel, St. James', 8th Dec.
Mr. G., I cannot now address you as a friend, after what you and your wife has been saying, that we imposed upon you, that you had bought this and that; now I should like to know what you bought, but that is not the question - last night Mrs. Glasscock gave the landlord warning that we should leave to
Cross-examined by MR. BARRY. Q. Are you in partnership with your father? A. No, he is the sole proprietor - Ward was the waiter who had the care of the plate; I do not recollect whether he was there in November - I think he was there in October; the prisoner made this statement in the presence of Bates, the officer - I used no threat or promise.
Q. Did he not say he had reason now to suppose it was stolen, but not at the time? A. No, I am sure he did not.
JOHN WILCOX . I am shopman to Page and Co., pawnbrokers, Long-acre. I have two silver forks, pawned on the 24th of October, and two spoons on the 26th. by the prisoner, in the name of Joseph Jordan, No. 35, Great St. Andrew-street; I am sure of him.
HENRY FLICK . I am shopman to Ashman and Co., pawnbrokers, Long-acre. I have a table-spoon and fork, pawned on the 2nd of November, by the prisoner, in the name of J. Jordan, No. 35, Great St. Andrew-street - he has pawned before in that name.
BENJAMIN BATES . I am inspector of the Police of St. James' division - Glassborow was taken into custody on the 8th of December; I found on him the letter which has been read - I went to the prisoner's lodgings in Greek-street, Soho, and asked if his name was Glasscock; he said it was - I asked if he had seen Glassborow that day; he said he had, and that he had written him a letter - he said, shortly after, "I know what you want, you have come about that business of Crockford's;" he said that Glassborow had been going on a queer game for a long time, and that he had pawned two spoons and two forks which he received from him, and would show me where; he pointed out Page's - I asked if he had pawned any more, which he denied; and said he had written the letter to Glassborow that day, and sent it to him at Crockford's; I asked if he knew whether Glassborow was the person who had stolen the plate from Crockford's - he said he knew he had stolen the whole of it.
Cross-examined. Q. Did he not say "I now have reason to believe it?" A. No; he did not say he did not at the time know they were stolen - he knew me well before.
BENJAMIN JONES MOSELEY . I know the prisoner. About the 11th or 12th of December last I had a conversation with him about Glassborow; it was two or three nights previous to his being taken - he told me he was in a difficulty, and that Glassborow was acquainted with that, and unless he let him have 15s. by ten o'clock that night, or the next morning, he should go to Mr. Crockford's, and report him respecting the plate that he had pledged- he said William knew he was in trouble, that his brother-in-law and landlord were bail for his appearance, that he had pawned plate before, and was taken in the shop by an officer, and he thought it a hard case to suffer, through William not letting him have money to procure a counsel, as he expected to have his hearing last Session; the 15s. was to pay part of his rent.
Cross-examined. Q. Did you lodge at this house? A. No; I knew him and Glassborow - I have had sufficient left me to live on; I was never in trouble - I was once taken about a handkerchief, which Gilby, a coachman, lost - I have pawned things for Glassborow, eight or nine times, in my own name.
MR. CROCKFORD. I believe these to be my father's property - we have no mark on them; I might have a difficulty in swearing to them, had it not been for his confession, but here are three patterns of the kind we lost - there is a small a, b, and c, on them, and the letter n; they were produced when I had the conversation with the prisoner; one spoon is a pattern very rarely to be met with - Glassborow was in our employ, exclusively, for twelve months.
Prisoner. Glassborow had told me he had stolen them about a fortnight before I was in custody, and that is what I told Mr. Crockford.
MR. CROCKFORD. The statement made by the prisoner was after Glassborow was in custody.
Prisoner's Defence. Moseley says I told him this on the 13th - I was in custody before that; I had never seen Glassborow till the Friday before I pawned the two forks - he met my wife, and said he wished to see me; I went to him at Crockford's, and on the Monday morning, he asked me to pawn the forks for him, and said he had bought them of a distressed waiter at White's hotel, for 30s. - I pawned them at Page's, where I was known, in my mother's maiden name, and gave my right address - I had no idea of their being stolen, and received no benefit from them - on Thursday he asked me to pawn the spoons which he had bought of the distressed waiter; he told me afterwards that the waiter who had the care of the plate was discharged, and he was sorry for it, because he had stolen it.
NOT GUILTY .
Before Mr. Baron Bolland.
319. ELLEN CREED was indicted for breaking and entering the dwelling-house of Bridget Murthy , on the 30th of December , and stealing, 1 basket, value 18d.; 1 bushel of apples, value 3s.; 24 oranges, value 6d.; 1 chair, value 2s.; 1 bonnet, value 18d., and 1 shovel, value 16d., her property .
BRIDGET MURTHY . I lodge in Scott's-yard, White-cross-street ; the house belongs to Mr. Sinclair, who does not live in it - there is no lock to the street door, and we all have access to our own rooms; the prisoner lodged with me for a week, and left me altogether when her week was up - I went out last Friday morning, at eight o'clock, locked the door, and had the key in my pocket; I sell fruit in the street - I returned about one o'clock, found
SARAH LINES . I lodged at Murthy's for one night, and left my bonnet and apron there; I went back for it, and missed it - I happened to go into Evans' public-house, and saw it on a butt there - I said it was mine, and Evans gave it to me.
JAMES EVANS . I keep the Bricklayers' Arms, Whitecross-street. The prisoner came to my house last Friday, and asked to leave a bonnet, saying she would call for it- Lines came in, and claimed a bonnet which laid on a butt, where she had left it; the prisoner called again in the afternoon for it - I told her a female had claimed it, as stolen; she then left.
Prisoner's Defence. I had left a sack there, some straw, and a towel; I went to look for them - I found the door open; my things were gone - there was nothing but a few apples in a shallow, with the bonnet; I took them till I could get my own.
GUILTY of stealing only . Aged 60.
Confined Two Months .
320. JAMES PAKE was indicted for stealing, on the 18th of November , 1 watch, value 3l.; 1 chain, value 18d.; 1 seal, value 8s.; 1 time-piece, value 14s.; 1 musical-box, value 27s., and 1 hat, value 6d., the goods of Samuel Careless , in his dwelling-house .
SAMUEL CARELESS. I live in Garden-row, Brick-lane, St. Luke's , and am a brass-finisher - the prisoner was in my employ. On the 18th of November I left him in my shop, about ten minutes past five o'clock, and went down into the kitchen, and in two or three minutes I heard a little jumbling in the shop, which is up stairs - I heard somebody come down, and shut the street door; I ran up, and missed my watch, which had a seal and a steel chain - I had left it hanging up at the farther end of the shop; I also missed a time-piece out of the parlour, a musical snuff-box, and a hat, which I had seen safe about half-past one o'clock - the prisoner never came to the shop again; I did not see him till the 18th of December - I owed him 4s. or 5s. when he left; I had had the watch four years, and gave 3l. for it; I gave 14s. for the time-piece, about two years ago, and 27s. for the musical-box - I found the prisoner's hat left behind in the shop.
ROBERT REED . I am a Policeman. I apprehended the prisoner on the 18th of December, in Baldwin's-place, Baldwin-street - I took a person, named Jabens, at the same time, on another charge - I found a seal on Jabens, which I produce; the prisoner said he had given it to Jabens, because it was of no use to him.
WILLIAM GROVE . I am a serjeant of the Police. I found a phosphorus-bottle in the room the prisoner was apprehended in - the woman, who occupied the room, said, in his hearing, that it belonged to him; he made no reply.
SAMUEL CARELESS . Nobody but the prisoner was left in the shop, and only me and my wife were in the house; she was in the kitchen with me all the time - the prisoner must pass the parlour door to go out; this seal is mine, and belongs to the watch.
Prisoner's Defence. On the 11th of November he accused me of stealing a watch and other things, and on the 18th I said if he did not raise my wages I should leave him - we had words, and I asked his wife to lend me 4s., which she did; I put my clothes on, and left - he said he would fit me somehow or other.
SAMUEL CARELESS. I said no such thing - he borrowed nothing of my wife in my presence.
GUILTY of stealing to the value of 99s. only . Aged 21.
Transported for Seven Years .
First London Jury, before Mr. Recorder.
GUILTY . Aged 45. - Transported for Seven Years .
EDWARD ORCHARD . I live in West Smithfield , and am a sack and tarpauling manufacturer - I have two partners: the prisoner was employed in making sacks for me at his own house - he frequently called at the warehouse; we could not miss a tarpanling from the quantity we have. The officer gave me information, and I saw one at the Mansion-house, which I can swear to- they are made by our workman, on our premises; I never gave the prisoner authority to take it.
Cross-examined by MR. PHILLIPS. Q. He was in the habit of doing jobs for you at home? A. He did piecework at sacking - I have known him seven years, and believe he has five or six children.
JOHN ROE . I am an officer of the Mansion-house. I went to the prisoner's lodging on the 12th of December; he came there with a cart, loaded with sacks, from the prosecutors' - I went up to his room, and under his bedstead found this tarpanling, which Mr. Orchard claims -I only found one there; the prisoner was not quite sober, but not insensible - I asked how he became possessed of it - he said he had received it from Messrs. Deacon and Orchard to put another breadth on it - Mr. Orchard afterwards saw and claimed it.
MR. ORCHARD. This is our property - I never gave him orders to alter it; if it wanted altering it would be given to people in our house; we keep hands there on purpose - it is not the business of a sack-maker to do it.
Cross-examined. Q. Is it an entire tarpauling? A. Yes, except the lines - we sometimes send them out without lines; I can swear to the canvas, because it is made expressly for us - I cannot say our foreman did not send it out, but if he had he would have done wrong; it is the regular size, and does not want an additional breadth; it is finished, and if a larger one was wanted we should make one and not alter this.
Prisoner. All I have to say is think of my poor children.
GUILTY. Aged 46
Recommended to Mercy . - Confined Two Months .
323. JAMES HILL was separately indicted for feloniously receiving, on the 3rd of December , 1 coach cover, value 20l., the goods of Benjamin Edgington , well knowing the same to be stolen ; also, on the 9th of December , 1 horse-cloth, value 7s., the goods of Samuel George Bennet .
The particulars of these cases will be found in the proceedings of the Fourth Day, when the prisoner was convicted as a principal.
NOT GUILTY .
GEORGE BROOKE. I am a salesman of Leadenhall-market . On the 17th of December I missed two fowls off a stand in the market - they were safe two minutes before - I saw the prisoner secured with them; he is a hawker .
CHARLES FORDHAM . I live at Mr. Stevens', Leadenhall-market. I saw the prisoner take Brooke's fowls off his stall, and go away about a yard - I went up, and asked how he came by them; he said he found them on the ground, which is false.
The prisoner pleaded poverty.
GUILTY . Aged 39. - Confined Two Months .
GEORGE HOLT . I live in Devonshire-street, Bishopsgate-street. On Sunday, the 18th of December, between one and two o'clock, I was returning home; I had been out about an hour and a half, and put my handkerchief from my breast pocket, into my outside coat pocket, on the Pavement, in Moorfields, and as I walked through Allhallows' church-yard two charity-boys came up, and gave me information; they pointed to the prisoner, who had two boys with him; one about seven years old, in a pinafore, and the other rather taller than the prisoner - I ran after the prisoner; an officer came up, and he gave him the handkerchief.
FRANCIS MACLEON . I am a constable. I observed people running in London-wall - I pursued, came up with them in Broad-street, and found the prisoner in custody; he pulled the handkerchief from his breeches, and said if the prosecutor would forgive him he would give it up.(Property produced and sworn to.)
Prisoner's Defence. I met a boy, who asked if I wanted to buy a handkerchief; I said, "Let me look at it;" and when I looked at it, he said, "Tuck it up, here comes my father," and I put it into my breeches - he told me to run, which I did, and directly the gentleman came I gave him the handkerchief; I did not know the boy in a pinafore.
GUILTY . Aged 16. - Transported for Fourteen Years .
326. ROBERT CROCKETT was indicted for breaking and entering a building within the curtilage of the dwelling-house of Joseph Edwards , on the 20th of December , at St. Botolph without, Bishopsgate, and stealing therein an ass, price 15s., his property .
JOSEPH EDWARDS. I was left in care of three large houses, in Angel-passage, Skinner-street, Bishopsgate - I live in the middle one with my family. On the 19th of December I went to bed about ten o'clock; the house was quite safe - I had an ass in the passage, which parts the two houses; it is arched over - there is no yard between that and the house: I was called up about seven o'clock by my daughter, and found ten or twelve feet of the wall cut down to let the ass out, which was taken away; I found it at Waltham-abbey, in about a fortnight- I have seen the prisoner before.
Prisoner. Q. Did you not swear, on the Testament, that you would not hurt me, if I discovered your property? A. Never; he said he knew the party who stole it, that he was very sorry a poor man with eight children should be robbed, and he would take me to where it was; but when he had taken me eight miles, he ran away and left me.
THOMAS RICKETTS . I live at the Green Man, at Waltham-abbey. My nephew came to my bar to borrow 7s. to pay for an ass; I had no change, and he borrowed it; I not not see the ass till next morning, and did not see the prisoner - I gave my nephew the run of my field.
JOHN SEARS . Ricketts is my uncle - I am fifteen years old. I bought the ass of the prisoner for 7s., which I borrowed at the Sun last Tuesday fortnight, at Waltham-abbey - he was alone, and asked 14s. for it; I am sure he is the man; Edwards claimed it afterwards.
Prisoner. I have no doubt the Jury will find me guilty - if I had done murder I could not have been more tormented in my mind, and knowing the man had a large family I determined to go and tell him where it was- if I had had 7s. I would have got it back; I went to his house last Friday, and told him all about it, and said if he did not mind losing a day's work I would go and shew him where it was - I took him, and shewed him the Green Man - he said, "Don't come in, I will go in and ask if they sell donkies - you go about your business;" I went home, glad that he would recover it; when he
GUILTY . Aged 17. - Transported for Seven Years .
NEW COURT. THURSDAY, JANUARY 5.
Fourth Middlesex Jury, before Mr. Common Sergeant.
GUILTY . - Confined Six Months .
HARRIET MILLETT . I live at Brighton. On the 6th of May I was at my brother-in-law's, Mr. Travers, in Bruton-street - the prisoner was his footman , and I gave him a cheque, but I have not got it here.
NOT GUILTY .
WILLIAM BALL . I am a seaman - I lodged in Shadwell-market - the prisoner lodged and slept with me. On Wednesday, the 9th of November, I missed a shirt, and a waistcoat out of my bag - these are them.
Prisoner's Defence. He gave me one shirt to sell, which I did, and gave him the money for it.
GUILTY. - Aged 39.
Recommended to Mercy - Confined Seven Days .
Before Mr. Sergeant Arabin.
THOMAS ROBERTS . I live in Charles-street, Hampstead-road , and am a coal-dealer . I lost a shovel from the shed adjoining my house, between seven and eight o'clock in the evening, of the 28th of November - I heard it was lost, went out, and saw the prisoner a hundred yards from my house with it; he said he had picked it up, and the one who took it threw it down.
Prisoner's Defence. I took it up under a dark wall.
GUILTY . Aged 18. - Fined 1s. and Discharged.
WILLIAM CROWHURST. I live in Holling-street, Westminster . I bought this iron pot and kettle at Mr. Goodfellow's sale - I employed the prisoner, whom I have known for some time, as a porter , to remove these articles to a neighbour's house for security, but not to sell them.
SAMUEL FORSTER . This kettle and pot were brought to my house; I was not at home, but I met this prisoner coming out of my house - he did not say any thing to me then, but about the 16th he came, and said Mrs. Goodfellow sent him for them.
MARY LEE . I keep a hatter's shop; the prisoner lodged with me, and had a good character - I knew he was in distress, and he asked me to purchase this teakettle of him, which I did for 2s. 6d.; he said it was his own.
GUILTY . Aged 55. - Confined Fourteen Days .
332. ALICE NANKERVILLE was indicted for stealing, on the 10th of October , 1 pair of stockings, value 3s.; 1 pair of trousers, value 10s.; 3 waistcoats, value 2s.; 2 pictures and frames, value 2s.; and 1 shirt, value 1s., the property of George Augustus Kollman , her master .
GEORGE AUGUSTUS KOLLMAN . I am organist of His Majesty's German Chapel , and live in St. James' Palace ; the prisoner lived from July to October in my service, but she had been three years in my father's service; we gave her a good character to a gentleman in Welbeck-street, but about two months after she left us, suspicion arose - she was taken, and some duplicates were found on her, which were found to relate to my property.
MILLIAM MOWER. I am the officer; I took the prisoner, and found on her four duplicates, one of which is for these articles.
MR. KOLLMAN. These are my property; she left me about the middle of October.
Prisoner's Defence. They were given to me by a man in the employ of Mr. Kollman, for cleaning the chapel.
GUILTY . Aged 23. - Transported for Fourteen Years .
The property not being identified, the prisoner was
ROBERT BATTY . I am servant to Mr. Burgess, of Regent-street ; he lodges there - the prisoner came there as a plumber , on the 10th of December; I did not miss my boots till the officer came with him.
Prisoner. I brought them from Regent-street with the intention of making them into a pair of slippers, but not to make money of them.
Prisoners' Defence. Some time before, my master beat me, and I took him to Marlborough-street, office, and he said it should not be long before he would take me there, because they put him to bail.
GUILTY . Aged 18. - Transported for Seven Years .
ROBERT MOLLYNER PITE . I am a silk-mercer , and live in Cranbourn-street . The prisoner had been nearly nine months in my employ as shopman , and was employed to receive monies on my account; he was to put the money into a drawer in a desk, which is common to two other shopmen - they accounted to me for all they took; they set down the money they take from each customer, and they make a cheque, with a letter for each of their names - G. was the prisoner's letter; the cheques are taken off the file, and examined at night, with the money in the drawer.
THOMAS BROOK . On the 10th of December, about half-past one o'clock, I went, by Mr. Pite's direction, to his shop, and bought a boa, three silk handkerchiefs, and three pairs of stockings, which came to 50s.; I gave the prisoner 30s. and a sovereign, which Mr. Pite had marked and given to me the evening before.
MR. PITE. I spoke to the prisoner about a quarter before two o'clock, when I came up from dinner - he said, "I have sold a boa;" I said, "Have you given a cheque?" he made a cheque of it for 30s., and another cheque for 15s. - I am not sure whether he said what he had sold for the 15s., but I think he said, "I have sold some silk handkerchiefs for that;" after he had put the cheques on the file, and gone, I counted the money, for I had previously put in 1l. 5s. 5d., which was marked, and took from it the remaining cash - I then found there was 2l. 5s. more than when I left; I could not accuse the prisoner of taking any, till I knew what had been laid out- I sent for Mr. Brook, who had laid out 2l. 10s., and there was 5s. short; I took the prisoner up stairs, and asked what he had taken from the customers at dinner time - he said, "I have put cheques for it, 30s. and 15s.;" I said, "Is that all you sold?" he said, after some hesitating, "I have sold some stockings;" I said, "You did not give a cheque;" he said, "Yes, I did" - I said,"You have not put the money into the drawer;" he said,"I have;" I said, "You have not" - I said, "What money have you about you?" he pulled out some in his purse, and I asked to look at it; he refused - I sent for an officer, who searched him, and found the 1l. 19s. in his hand, and 3s. or 4s. more at the watch-house, 5s. of which was marked, and I can swear it is part of the money I gave Mr. Brook.
MR. BROOK re-examined. Q. Did you consider yourself responsible for the money, and that if you had lost it you must have paid it to Pite? A. Yes, I considered it mine while it was in my possession.
The prisoner received a good character.
GUILTY. Aged 25.
Recommended to Mercy . - Confined Fourteen Days .
Before Mr. Common Sergeant.
EDWARD GANT . I was committed from a Police-office to Clerkenwell prison on the 3rd of October; I was removed in a van, and on getting to the prison I missed my watch; I was afterwards shown it by the officer Graves - I had it safe when I get into the van; the prisoner was in the van.
GEORGE GRAVES . I am an officer of Worship-street. On the 3rd of October I took some prisoners to Clerkenwell prison; the prisoner and the prosecutor were both there - the prosecutor said he had lost his watch: I searched the prisoner, and found it on him - he abused me very much, and doubted my authority to search him; I found the watch, chain, and seals in his fob - he said it was his own, and dared me to take it from him; I asked the prosecutor to give me a description of it, which he did most minutely - this is it; the prisoner was going there for three months.
Prisoner. The officer was intoxicated.
GUILTY . Aged 22. - Transported for Life .
ROBERT CONNOR . I am apprentice to the prosecutor. On the 10th of December the prisoners came in to buy a pair of shoes; there was another person with them - I am quite sure I saw the two prisoners; we had not a pair to fit them, and they went out - it was the other person who asked for the shoes; we missed the boots about a quarter of an hour after they were gone - I did not observe any thing particular about Dockerty; I was serving the other- I went in search of the prisoners, and found them in a pawnbroker's shop, in Aldersgate-street; I saw the pair of boots on the counter, and Dockerty standing just by them- when I went in they came out; the boots were pushed off the counter - I followed them: the other person who had been in our shop was standing outside - the prisoners went to a house in Crown-court, Bell-alley, and were taken there.
BENJAMIN COOKE . I am apprentice to Mr. Fallows. I saw the prisoners at his shop on the 10th of December; we found them at the pawnbroker's - I did not see the boots on the counter; I followed them to Crown-court, Bell-alley - I got the officer, and they were taken.
MICHAEL GLADWELL . I am a Police-officer. These are the boots; I took the prisoners.
JOHN ROBERTS. I am shopman to Mr. Walters, a pawnbroker, in Aldersgate-street. On Saturday, the 10th of December, the prisoners came to our shop; in a few minutes Dockerty threw a pair of boots across the counter - I saw them running out; they had not said any thing about the boots, but I suppose they came to pawn them -I put them on the back counter; the apprentices came in immediately after.(Property produced and sworn to.)
Wicks' Defence. Betsey Jones asked us to go and buy some shoes; they had none to suit her - she told us to come again on the Monday; we went home to my mother's, and she sent us to pawn a shawl - Jones was at the door.
DOCKERTY - GUILTY . Aged 17.
Transported for Seven Years .
WICKS - GUILTY . Aged 17.
Confined Three Months .
338. DANIEL BUTTON and WILLIAM BOWERS were indicted for stealing, on the 16th of December , 12 paving-stones, value 12s. , the goods of the Trustees for paving and lighting the parish of St. Leonard, Shoreditch .
The property not being identified the prisoners were
DAVID ALLEN . I live in Bond-street, Chelsea , and am a carpenter - the prisoner is my wife's son. On the 6th of December I missed a watch; I had seen him up to that time, and then lost sight of him - I found him again on the 26th.
HENRY CROSBY . I am the prisoner's cousin. I recollect his being in the house the night before the watch was missed; he went away about an hour before the prosecutor got up - I saw him again on the 26th; I made him no promise, but he told me the watch had been sold.
NOT GUILTY .
DONALD MCLEAN . I am a Police-constable. I was on duty in the New-road on the 9th of December; I saw the prisoner with a basket - I followed him up Baker-street to Park-place; I then stopped him, and asked where he got that bread from - he said he lived with Mr. Smith; I said I would go and see where he took it - he went to one or two places; he then said it was of no use telling me any more lies, that he stole it - six loaves were in his basket; I have one of them here.
JOSEPH CONISBEE . I am journeyman to Mr. Francis Clarke, a baker , in Queen-street, Bryanstone-square. On the 9th of December I left a basket of bread in Queen-square , while I went to John-street, to serve a customer; when I returned I missed one 4 lbs., five 2 lbs. loaves, and one cottage loaf: this is one of the loaves.
The prisoner pleaded poverty.
GUILTY . Aged 31. - Fined 1s. and Discharged.
JOSEPH PINK . I live in York-street, Commercial-road, and am a twopenny postman. On the night of the 12th of December, between six and seven o'clock, I was in Shoreditch ; I saw the prisoner at Rotherham and Grinsel's door- he was pulling this boa tippet from a line; I took him as soon as he got it into his possession - he dropped it at his feet, and was taken directly.
EDWARD MARCHANT . I am assistant to Mr. William Rotherham and his partner, haberdasher s, of Shoreditch. I saw the prisoner in custody of Pink; I took him into the shop - this is the tippet; it has a ticket on it in my writing, and was hanging in the lobby of the shop.
Prisoner's Defence. I was not taken near the shop.
GUILTY. Aged 19.
Recommended to Mercy . - Confined One Month .
SARAH RAMSEY . I am servant to Mr. John Hodgson ; he lives in York-place, Portland-town . On the evening of the 17th of December I was coming from the kitchen into the shop; I saw the prisoner in the shop - she took a leg of pork from the counter, ran out with it, and put it over the rails of the next house; she then returned to our door, and asked if I wanted a bunch of greens - I told my mistress, who called my master; he charged her with it - she said she did not take the pork, and we might search her; she was going away, but my master stopped her - this is the pork; I took it up.
Prisoner. I had not been inside the step of the door. Witness. I am sure she is the woman; I saw her in the shop.
RICHARD DULLENTLY . I am a Policeman. I took the prisoner on the 17th of December; I saw the leg of pork inside the rails before I took her - Sarah Ramsey and her mistress pointed it out, and gave it to me.
Prisoner's Defence. I went to the door to sell greens and apples; she said she missed a leg of pork - I said,"Do you think I have got it?" she said No - I then turned to go on, and the prosecutor came and asked where the leg of pork was; I said I had not got it - he said he knew I had not got it, but where was it?
The prisoner received a good character.
GUILTY . Aged 37. - Confined Seven Days .
Prisoner. I was out of work, and badly situated.
GUILTY . Aged 44. - Confined One Month .
CHARLES MUMFORD . I am a linen-draper , and live in Alfred-terrace, Cambridge-heath. On the 13th of December I was in Shoreditch , with a horse and chaise - I had a lady in the chaise; I left the chaise in charge of a boy - I went into Mr. Rotherham's, and was there half an hour - when I returned the boy I had left was gone, and two others were holding the horse; I missed two cloaks and an umbrella from the chaise - I have not found them.
THOMAS WEST . I live with my father and mother in Holywell-lane - my father is an umbrella-stick maker. I saw the two prisoners in Shoreditch on the 13th of December - there was a gentleman's chaise outside Mr. Rotherham's door; Keen went over from the cook's-shop, and said, "There is a chance - there is a coat and a cloak in the chaise;" he said, "There are two cloaks and an umbrella in the chaise;" Bowman said, "It is all right;" Keen then went and took the things; Bowman received them from him, and they both ran away - no one had charge of the horse at that time: I ran and told the gentleman - he told me to stand at the head of the horse; I had not seen the prisoners before, but I saw them the next day in Shoreditch - I am certain they took the things.
Cross-examined by MR. PHILLIPS. Q. What did Keen say? A. He said, "There are two cloaks and an umbrella in the chaise;" I said he said a coat and a cloak - it was a quarter-past five o'clock; it was light: he said "A coat, a cloak, and an umbrella" - I am nine years old; it was not light; it is about a week and a month ago - I was standing at the cook's-shop; I had seen Keen a year ago up in Hoxton - I had not spoken to him.
THOMAS NORTH . I am eleven years old - I live at the Plough. I was at my grandfather's, in Three Cups-alley, opposite where the chaise was; I saw two boys watching the chaise - I went over, and there was a plaid cloak in it: I went again, and it was gone - the boys then ran across: I ran, and cried Stop thief! after one, and Bowman struck me on the back of my neck; I am sure of him, but I am not certain of the person of Keen - they ran towards Bishopsgate: there was a gas light near the shop, but it was not light where the gig stood - the day was cloudy; it was dusk.
Cross-examined. Q. Then it was not light where the gig was? A. No, rather darkish; it was about half-past five o'clock on Tuesday, the 13th of December.
JAMES WOODHOUSE . I live with Mr. Lack, a poulterer, in Shoreditch. On the 13th of December I was near Three Cups-alley - I saw Keen and another person with him, lurking about the chaise, and I told my cousin to go and see if there was any thing in the chaise; he said he saw a plaid cloak - I then saw Keen go and stand by the lamp-post - the other one went and stood behind the chaise; he then came to me, went back, and stood behind the chaise - he looked about him, took the article, and ran across the road; I looked after him - Keen came up, and heard what we had to say for about five minutes; I then lost sight of him.
Cross-examined. Q. Then they did not run off together? A. No - I did not see either of them give a blow on the neck to any body; I am quite sure it was not Keen who took the things; there is not a word of truth in that.
COURT. Q. Do you mean that West is mistaken as to the one who took the things from the chaise? A. Yes; I only saw the plaid cloak taken - that was the last thing taken.
MR. PHILLIPS to THOMAS WEST. Q. I think you said you saw Keen go to the chaise, and take some things out? A. Yes, coats; I saw him take something, and I knew it was coats, after he took them - they both ran away as fast as they could; Keen did not stand for five minutes after the things were taken.
COURT. Q. Did you see a person go to the gig once or twice? A. I only saw him once; I was about thirty yards off.
HENRY HATCHETT . I live in Three Cups-alley. I was at the corner, and saw something taken out of the chaise - I saw two lads run away, but I cannot tell who they were; one of them went and stood against the lamppost; I did not see them both go.
Cross-examined. Q. After the articles were taken did the two persons run away? A. No - I am certain that it was not while one stood at the lamp that the other took the things; I do not know where the other was while one stood at the lamp; yes, he was at the chaise - I saw the things taken from the chaise while one stood at the lamp; I did not see them run away - I went to work directly; the man at the lamp-post ran away after the things were taken - it was rather dark at the chaise.
JOHN STEWART CAMPBELL . I am a Police-officer. On the 14th of December, about two o'clock, I saw the prisoners going down Shoreditch into Norton-falgate - I sent for my brother officer; we followed them - I took Keen, and he took Bowman; they had been walking together - I rather think they saw us, and turned into a little court.
Keen's Defence. I was at home with my mother from three o'clock till between eight and nine o'clock on Tuesday, the 13th of December - I then went up Shoreditch, and saw Bowman; he said to me, "Bill, I am going to Rotherham's for some pins;" there was a row, and I staid outside, but the gig was gone.
Bowman's Defence. I was going along Shoreditch on the Wednesday, and passed by the pudding-shop; West snatched some pudding, and I rapped him on the head - I then went on with Keen, turned up the alley, and the officer took us.
COURT to THOMAS WEST. Q. Did Bowman strike you on the Wednesday? A. Yes, and I turned to my brother,
NOT GUILTY .
The fork being joint property, the prisoner was
CHARLES WIND DAVIS . I manage the business of Mr. John Graham , a linen-draper , in Holborn . On the evening of the 23rd of December I was standing at the drapery shop door, and saw the prisoner with the carpet on his back; I looked round, and missed it from our door - I pursued four or five doors, took the carpet, and detained him.
Prisoner. Q. Was I not laying down on my back, and the carpet by my side? A. I did not see him down, but I heard he had fallen down.
Prisoner. Q. Which side was it? A. On the right side - I saw you fall down.(Property produced and sworn to.)
Prisoner's Defence. A gentleman asked me to carry it - he threw it on my chest, and it knocked me on my back - I told the shopman so.
GUILTY . Aged 24 - Transported for Seven Years .
SARAH SMITH . I am the wife of James Smith , a painter and glazier, in Norton-street, Marylebone . On the morning of the 13th of December I was looking out at the first floor window; I saw the prisoner go to No. 6, take a pot off the rails, and put it into his hat - I saw the handle of another pot in his hat; I called out, "Mr. Turner, there is a man taking pots" - the prisoner then took the pot out of his hat, hung it on the rails again, and ran away with the other one in his hat; I saw him brought back by the pot-boy.
WILLIAM BAKER . I am pot-boy to Mr. Goseley, who keeps the Swan public-house, in Foley-place - the prisoner was given to me by Phillips, at the corner of Norton-street, with these two pint pots, one of which, is my master's; the prisoner said, "I hope this young man will be as merciful as he can, it is the first I ever took belonging to you."
Cross-examined by MR. BARRY. Q. Had you made him any promise? A. No; he went very quietly.
The prisoner received a good character.
GUILTY. Aged 17.
Recommended to Mercy . - Confined Three Months .
348. JAMES MARLOW was indicted for stealing, on the 19th of November , 40 sovereigns, 2 crowns, and 8 half-crowns , the monies of James Robert Cassell ; and JOHN MARLOW , was indicted for feloniously receiving the same, well knowing them to have been stolen .
MR. ADOLPHUS conducted the prosecution.
JAMES ROBERT CASSELL . I am a pawnbroker. I have a shop in Church-street, Bethnal-green , but live myself at No. 98, Old-street - Marlow's father had the charge of my shop at Bethnal-green, and James Marlow was employed there; it is possible for persons to suppress duplicates, and keep the money, without my knowing it, for if the duplicates are not filed, the daily balance would be correct, and we could not discover the deficiency till we take stock at the end of the year: I took stock in May last, and found I was 220l. deficient - in consequence of what Mr. Moss told me, I spoke to James Marlow on the 19th of November; I told him he had been robbing me; he said he had not - I said his brother John was taken up, and he had acknowledged that he (James) had been robbing me, and that some money had been found in John's box, which he said he had given him; he said it was false, he had not taken any thing - on my questioning him further, he said he was not bound to answer further questions; the officer who was with me said, "No more you are, and I will not suffer any more questions to be put to you" - I told James Marlow I would leave him that night in care of his father, and see him in the morning; I went to him in the morning, and asked if he was prepared to tell me what he had done with the money - he said, if I would give him time, he would; I said, "You can't want more time, you may as well tell me now," but I did not hold out any threat or any inducement to him- he then said he had been robbing me, and had taken about 76l. at different times; I said, "What have you done with it?" he said he had given it to his brother John to keep for him - he said he had given him between fifty and sixty sovereigns at one time, to keep for him; I asked how he had taken it - he said out of the till, about twice a day; I asked how he got the sovereigns - he said, "I changed silver for them" - I again left him in care of his father, and went the next morning; I then asked if he was prepared with a written statement for me - he said he had nothing more to say: I said, "You acknowledged taking 60l. or 70l. yesterday" - he said, "Perhaps I acknowledged to more than I ought to have done - I am deaf, and did not hear all the questions;" I then told him the law must take its course.
MATTHEW HEATH MOSS . I am a pawnbroker. The prisoner John Marlow was in my employ; in consequence of something on the 19th of December, John was dining with me, and the officer Vann, and the prosecutor came in - Vann told him that Mr. Cassell and I had some suspicion, and he searched him; we then wentJohn Marlow , and he said, "I confess it is all yours" - the officer said, "Whose do you mean?" he said, "I mean my master, Mr. Moss" - I then gave him into custody, and he was brought down stairs; he said to me, at the kitchen door, "Sir, I am young, I hope you will be merciful to me;" I said, "I have alwas acted like a man, and I will now; if you wish to see Mr. Cassell I will go to him" - we saw Mr. Cassell at the public-house adjoining the office at Worship-street; John Marlow then said his brother had been robbing for some years, and that he had had as much from his brother, and more than we found at my house; but he hoped we would be merciful to him, and he would raher suffer than his brother or for his brother.
Cross-examined by MR. BARRY. Q. I suppose the impression on your mind was, that it was your money? A. I have not claimed it; I intended it should be a matter of legal inquiry - I do not wish to hinder the course of justice.
THOMAS VANN . I am an officer. I was sent for - I went to Mr. Moss, and found forty sovereigns, four half-crowns and two crowns in the box; I had not made John any promise or threat - I asked what money he had up stairs; he said there might be 40l. - he took us to his box, which was open, and in it we found a small box, which I opened with a key, on a bunch of keys which I took from him; when we found the money, he said it was all his master's money - I went the same evening to the prosecutor's shop, in Church-street; the prosecutor then put some questions to James, who said "I am not bound to answer any questions" - I said he was not; we then left him; on the 21st I went and took him - I waited in a back room, and he came in with this paper; I asked who wrote it, and he said he did - (read.)
"About March, 1830, I was unfortunately tempted to take from the till of Mr. Cassell, at different times, up to February, 1831, money to the amount of about 76l., not more; 50l. odd I gave to my brother John in May, 1831, and kept the rest, which has been spent. This is the truth, and all I have to say." " JAMES MARLOW , JUN."
MR. CASSELL. On the 19th of November Mr. Moss told me that John had something to say to me; I went, and he told me his brother had been robbing me for some years, and had given him the money; I said, "I suppose the money in your box is mine?" he said "Yes, it is;" I said, "And likewise the money you paid for your watch?" he said, Yes; I asked how much his brother had given him at one time - he said, as much, or more than was found in the box; he said his watch cost five guineas - I then asked what money he had received from Mr. Leach, his late master; he said between 11l. and 12l., and he had given 50s. for his trousers - I said, "Then you have not above 5l. left?" he said No - James left me in January, 1831, but he was still in the same house with his brother.
James Marlow 's Defence (written.) The prisoner solemnly denies ever appropriating to his or any other person's use, any property belonging to Mr. Cassell; the watch found on my brother John I have every reason to believe was paid for out of wages he received from his last master, Mr. Leach, in April last, when he received 11l.; the key was bought shortly after: the prisoner was with his brother when he bought it; I never knew that he robbed his master till he was taken; respecting the note Mr. Vann produces, it is to be stated I never confessed to Mr. Cassell, nor any other person, but being told that my brother said almost word for word, in the note, which Mr. Cassell told me in such a manner, that I was induced to write down what appears in the note produced by the officer, in hopes of not being prosecuted for a crime I am conscious of never committing.
NOT GUILTY .
MR. ADOLPHUS conducted the prosecution.
MATTHEW HEATH MOSS . I am a pawnbroker , and live in Golden-lane - the prisoner was my journeyman . On the 19th of November, the officer came and apprehended him, while he was at dinner - he found a watch in his fob; he asked him where he got that - he said he bought it of Mr. Hythe; he then took out of one of his trousers pockets about 14s., and out of the other about 34s. in silver - he had been in my employ about five months, at 20l. per annum, but I had not paid him any thing; when I saw the silver I said "That is some of to-day's;" he said "Yes, (or something of that kind, very low) but upon my word, Sir, I have destroyed no tickets of to-day's;" upon balancing that day's account, I found about 25s. deficient - we then went up stairs, and found the money in his box; he said he had been young and thoughtless, and he hoped I would be merciful.
Cross-examined by MR. BARRY. Q. You will not undertake to give us the words he used? A. Not particucularly, but it was something affirmative, as it was followed by the assertion that he had destroyed no tickets that day; he had before told me that his uncle gave him the watch. I heard him say, at the public-house, that James had been robbing Mr. Cassell for years.
Re-examined. Q. Did he say up stairs that the money was your's? A. Yes.
GUILTY . Aged 20. - Confined Six Months .
Fifth Middlesex Jury, before Mr. Sergeant Arabin.
MR. CLARKSON conducted the prosecution.
JAMES PRICE . I am coachman to Mr. George Brocksopp - he has a stable in Red Lion-yard, Borough . I was at the stable at ten minutes to eleven o'clock at night on the 29th of December; I locked it, and left the coats and waistcoats safe in it - I went there the next morning at seven o'clock; I found the door closed too, but the hasp had been pulled over the lock; I went in, and missed two coats, two waistcoats, a knife, and a purse.
GUILTY . Aged 33. - Transported for Seven Years .
SAMUEL TURNER . I live in Old-street-road , and am a timber-merchant . On the 21st of December, about five o'clock in the afternoon, I was sitting in my dining-room, and saw the prisoner loitering about my yard gate; I watched, and saw him go into the yard, take this beech log on his shoulder, and go out with it - my son followed and brought him back; he said a person sent him to fetch it, and was to give him sixpence.
ALFRED TURNER . I am the prosecutor's son. I saw the prisoner take this property - I took him about twenty feet from the premises; he said he had been sent by a person to fetch it, and if we would go to the end of the street, we should see him.
Prisoner's Defence. I went into a public-house; a man there said, "Will you earn sixpence?" I said "I don't care if I do;" he said "Go over the way, and bring that piece of wood, and I will give you sixpence to carry it to Shoreditch."
GUILTY . Aged 40. - Confined Three Months .
352. THOMAS PEARCE and HENRY SELLERS were indicted for stealing, on the 15th of December , 1 quart pot, value 18d., and 1 pint pot, value 1s., the goods of William Best ; and 1 pint pot, value 1s., the goods of Abraham Hadway .
HENRY BROWN . On the 15th of December, I saw Sellers take a pint pot off the rails of No. 57, Harley-street - I was at the next house; the other prisoner was close to him at the time - I saw a pot-boy, and told him of it.
HENRY EGERTON . I am a Police-constable. I was in Portland-place when the pot-boy told me of the prisoners; I followed them, and knocked off their hats - I found this quart pot in Pearce's hat, and the other pint pot belonging to Radway in his acket pocket - Sellers had the other pint.
PEARCE - GUILTY . Aged 22.
SELLERS - GUILTY . Aged 18.
Transported for Seven Years .
JOSEPH WESTLEY . I live in Beech-street, Barbican , and am a shoemaker . On the 8th of December I lost three pair of shoes from under my counter, about half-past one o'clock; I was up at dinner - my servant rang me down, and told me they were gone; I went out, but could not find the prisoner - I returned, and she was just then brought back with the property - they were safe when I went to dinner.
CHARLES CLEASBY . I was going into the shop - I saw the prisoner take a pair of child's shoes from under the counter, and put them into her basket; she then took another pair, and put them in - I turned my head, and saw her with a pair of women's shoes, which she was putting in; I inquired if she had bought them, and then followed her to Finsbury-square; I there said to her"You had better bring these shoes back;" she said she had no shoes;" I opened the basket, and they were there - she took them back herself.
JURY. Q. Where is the counter? A. In front of the door - the servant was behind: the counter; the prisoner offered some eggs with her right hand over the counter, and took the shoes with her left.
The prisoner received a good character.
GUILTY. - Aged 14. - Judgment Respited .
Recommended to Mercy by the Jury, on account of his youth and character.
JOHN COOPER . I am a hay and straw salesman at Smithfield ; the prisoner was in my employ for two years, off and on; he often received the money for hay and straw, and accounted to me for it. On the 1st of October I sent him with the waggon and four loads of straw, worth 6l. 14s.; he was to see that they were delivered right, to receive the money, and give it to me - I never saw him again till the 10th of December.
GUILTY . Aged 17. - Transported for Seven Years .
ROBERT SMITH . On the 24th of December I was waiting at Mr. James Stanton 's shop for work - I saw the prisoner pass, and then return: he looked to see if any one was watching him - he then took a pair of boots off a nail; the prosecutor and I followed him; I saw him throw the boots away - I took them up and followed him till he was taken- I had just lost sight of him, while I opened the passage door to call the prosecutor.
GUILTY . Aged 29. - Confined Three Months .
WILLIAM SMITH and FREDERICK BLACK were indicted for indicted for stealing, on the 18th of December , 1 pewter-pot, value 2s. , the goods of Thomas Sanders .
JAMES STYLES . I am pot-boy to Mr. Thomas Sanders: he keeps the Rose, at the corner of Wimpole-street . On the 18th of December I was in Wimpole-street , in the morning; I put down my pots - I do not know how many I had on my strap; I then went into Mr. Phillip's yard -I saw the two prisoners about, and I had seen them before in the neighbourhood, almost every morning for a week before that; I was gone about three minutes, and when I returned I missed one pot off the rails; I suspected the prisoners; I pursued, and came up with them in Queen Ann-street - they were still in company: I caught hold of Smith, and said, "You have got a pot of mine;" he said,"No, I have not," and Black struck me twice in the eye - the Policeman came up, and took hold of Smith; he denied having the pot, but he took off his hat, and found it - when the officer was taking Smith along he struck me.
Smith. Q. Did not you say a woman told you the pot was taken off the rails? A. I asked a woman if she saw two men, and she said, "Yes, two men went up the street."
RICHARD BOYD . I am a Policeman. I was coming down Queen Ann-street, and met the pot-poy running after the prisoners, with all his force; he said he was pursuing the men who had stolen a pot of his - I told him to go on; I turned down Little Welbeck-street; before I got round the boy had them by the collar - they were striking him, and using him very badly; I took them, and asked what they had done; they said Nothing, and that I might search them - I searched, and found this pot in Smith's hat; the prisoners were close together.(Property produced and sworn to.)
Smith. Black knows nothing of it; he was not with me.
Black's Defence. I was going to see a friend when the boy collared me - he struck me, and then I struck him.
SMITH - GUILTY . Aged 20.
BLACK - GUILTY . Aged 26.
Transported for Seven Years .
JANE LAW . I live in the family of Mr. Stephen Martin Leake . On the 14th of December I saw the prisoner come out of the pantry, about half-past eleven o'clock in the morning; there is an area and a door, which goes into the street - he asked if we wanted any chimnies swept - I said,"What business had you in that room? why did not you ring?" he said, "I merely came to know if you had any chimnies to sweep;" I said to the footman, "There has been a man in your pantry;" the prisoner was then gone; the footman pursued, and brought him back.
GEORGE BERRY . Law told me of this circumstance - I followed, and took the prisoner three doors off; I accused him of having been in the pantry - he denied it; I brought him back, then looked, and missed a spoon; I searched him, but could not find it; I am certain the spoons had been there, with a quantity more plate, about two minutes before, and no one else had been there.
NOT GUILTY .
MARTHA GATTON . I am the wife of William Gatton - we live in Great Peter-street . On the 28th of December I was told a woman had taken a coat or a gown, and run down a turning; I got a person to mind my door, and I got the Police-constable. who took the prisoner, and found this pelisse of mine under her cloak - it had hung in the passage.
WILLIAM FLUKE . I saw the prisoner come out of the prosecutor's door and examine the pelisse, as if to purchase it; she then put it under her long white cloak, and went down St. Ann's-lane - the prosecutor went for the Police-constable.
JOSEPH WATKINS . I am the Police-constable. I found the prisoner by the side of a house in St. Ann's-lane; I found this pelisse under her arm; I asked how she came by it - she said she was going to purchase it, and it had been her sister's.(Property produced and sworn to.)
Prisoner's Defence. It might have been so - I had been drinking a few glasses of gin; I do not recollect what happened.
GUILTY . Aged 25. - Confined Six Weeks .
WILLIAM ASHDOWN. I am a linen-draper , and live in King's-place, Commercial-road . About nine o'clock on the evening of the 5th of December Hannams came into the shop, and asked to look at some stockings; I saw no one with him - I turned to reach a paper of stockings from the shelf, and was informed by a little boy that a piece of staff had been taken from a pile within three feet of the door; my boy ran out, calling Stop thief! Hannams was still in the shop - he had not done any thing, but I told him to leave the shop, as I had no doubt he was an accomplice; I took him to the door, and called for a Policeman, but as no one appeared, I left a friend to mind my door -I went out, and found Birkett; I brought him back, and gave him to a Policeman - Hannams was then gone.
CHARLES FOX . I was going by, and saw Hannams in the shop, and Birkett outside; I saw Birkett put out his hand, and take some stuff - the little boy came out, and cried Stop thief! I ran after Birkett, who was stopped and brought back.
EDWARD DARKIN . I am a Policeman. On the 5th of December I saw a mob, and went up to the prosecutor's door; Birkett was given into my custody for stealing a piece of merino - I took him by the collar; he said, "Let go my collar, I am no thief - take hold of the tail of my coat;" he threw down this merino, and Hannams came and kicked me - another man came up, and struck me on the back of my head; I fell, and lost my hold of Birkett, but I got up and pursued him - I tied his hands; Hannams came up again, but I got my brother-officer to take him.
Cross-examined by MR. CLARKSON. Q. Were there not a great many people about? A. Yes, I suppose one hundred; no charge was given of Hannams then, on
BIRKETT - GUILTY . Aged 19.
Transported for Seven Years .
HANNAMS - NOT GUILTY .
RICHARD COOPER CALLOW . I am in the service of Mr. Henry East Thrupp and his partner - they are coachspring-maker s; they have a factory in George-street, and another in Archer-street. The prisoner worked for them in Archer-street ; I did not know where he lodged, but I went, by information, to a lodging in Smith's-court, where I saw his wife and family - I found there thirty-one pieces of steel, which I believe to be my master's; they corresponded with some we had - I do not know that we had missed any.
Cross-examined by MR. PHILLIPS. Q. Have you any mark on them? A. No.
HENRY JOSEPH THRUPP . The prisoner had been in our employ several times for three years or upwards; this steel is made for us, and these correspond with our mark, and have the same writing on them - they fit the guages which we sent down.
Cross-examined. Q. You will not say that the maker may not put the same mark on other steel? A. I never heard that he did; he supplies a great many others - he lives in Yorkshire; we have missed a good deal of this sort.
COURT. Q. Do you believe this steel to be yours? A. I do; my brother has sent more steel from George-street to Archer-street, than I think we have used.
NOT GUILTY .
MARY CUMMINS. I have a room in Golden-lane - there are two beds in it. On the 13th of December the prisoner came to the door, and asked me for a night's lodging, for which she was to pay me 3d.; I never saw her before - she lodged there that night, and asked me to let her lodge there the next night - I did so, and when she went out she had a bundle; she did not return - I found her in a public-house - the blanket has not been found; it was safe when she was there, and she had nothing but what she had on when she came in.
GEORGE JONES . I work opposite the prosecutor's -On the 13th of December I saw the prisoner come out with a blanket on her arm; she went down the court with it, she went to the water-closet, and then away with it.
The prisoner put in a written Defence, declaring her innocencs.
GUILTY . Aged 32. - Transported for Seven Years .
HENRY BELL . I live at No. 9, Henrietta-street , and am a licensed victualler . The prisoner lived with me for three weeks and two days - I suspected him, and marked some money on the 21st of December; I placed myself where he could not see me - I saw, in a glass, the prisoner go to the till, and take the money; I took him, and found this marked money on him.
GEORGE PEACOCK . I am a corn-dealer. I went in to see the prosecutor the same morning - he said, "Come into the parlour;" I went and saw the prisoner go and rob the till, as he has described - he was taken, and the marked money found on him.
GUILTY . Aged 20. - Confined Three Months .
OLD COURT. FRIDAY, JANUARY 6.
Second Middlesex Jury, before Mr. Sergeant Arabin.
ABRAHAM LING . I keep a public-house in Oxford-street, Whitechapel . On the 18th of December, between six and seven o'clock in the evening, two persons came in at the side door - they went out at the side door, and about a quarter to seven this clock was missed from over the tap-room fire place, where it had been fixed; I cannot identify the prisoner - the clock cost eight guineas fifteen years ago.
MARTHA PORTER . I am servant to Mr. Ling. I saw the prisoner come into the house with a young man - they went into the tap-room; I served them with a pint of beer, and saw the clock safe then - I saw one go out first, and in about three minutes the other followed; they must have taken the clock out at the window, which was open; I saw the prisoner at Lambeth-street next morning, and am certain of him - he is the one who paid for the beer.
ANDREW CURRIE . I am a Policeman. On the 19th of December, about half-past eight o'clock in the morning, I saw the prisoner in the Commercial-road, carrying a sack- I asked what he hod got; he said a clock; I asked where he brought it from - he said from No. 17, Lambeth-street, and was going to take it to Lower Bernard-street, to a clock-maker; I followed him into a clock-maker's in Lower Bernard-street - he ordered two keys to be fitted to it in an hour's time; I came out with him, met a milkman, and heard a clock had been taken from Ling's - the prisoner had left me then; I went and told the clock-maker not to part with it, then went to No. 17, Lambeth-street, and found he had given me a wrong direction - I afterwards apprehended him.(Property produced and sworn to.)
Prisoner's Defence. A respectable man came to me in Goodman's-stile, and asked if I would earn 6d.; he took me to Lambeth-street, said he was going into No. 17, and told me to wait - he returned to me with the clock to get two keys fitted.
GUILTY of stealing, to the value of 99s. only . Aged 20.
Transported for Seven Years .
364. ROBERT JONES was indicted for stealing, on the 21st of December , 1 box, value 4s.; 2 dead pheasants, value 5s.; 96 bottles, value 22s., and 5 quarts of Macassar oil, value 13l. , the goods of Alexander Rowland .
ALEXANDER ROWLAND. I am a perfumer , and live in Hatton-garden. On the 21st of December, about six o'clock in the evening, I sent my porter with a box to the wharf - it was directed to Mr. Urquart, George-street, Edinburgh; I saw it afterwards at Lambeth-street - it contained the articles stated in the indictment, which are worth 15l.
Cross-examined by MR. PHILLIPS. Q. Is your father alive? A. Yes - it is his business alone; his name is Alexander.
ASHER HOWES . I am a porter. On the 21st of December I was taking this box to Downes'-wharf, East Smithfield - a waggoner overtook me in Newgate-street, and he asked me to put it into his waggon; I did not wish, but he said I might as well, as he was going my way, and I did so - I knew him by sight; he asked me to get into the waggon, but I kept by the side of it - he turned down Mark-lane and Crutched-friars, and just before we came to John-street the box had got against the tail of the waggon, it was not very heavy - I put it further into the waggon, and in John-street I looked back, and the box was gone; the waggoner stopped his horses - I ran to look for it, and on Tower-hill a man directed me down Rosemary-lane: I found the prisoner in the custody of a Policeman, and another Policeman carrying the box.
Cross-examined. Q. You had been watching it, I suppose? A. I thought I kept my eyes on the waggon - I was by the fore wheel; I lost it in two minutes - it could not have fallen out, as the tail was chained up; it must have been taken over the tail.
DANIEL MOONEY . I am a porter in the City. I was in John-street, and saw the prisoner lean over the waggon, and pull out this white deal box - he brought it from the middle of the road, and rested it on the curb; the waggon was going on - I saw two men at the corner of Cooper's-row; they told me to watch him while they fetched a Policeman - he turned up Gould-square; the box was on his shoulder; there was no thoroughfare, and he turned back along Cooper's-row, into George-street, and by that time I heard the Policeman halloo Stop thief! he then dropped the box, and ran away - I took care of the box: Howes claimed it.
Cross-examined. Q. You did not lose sight of the person? A. Not till he dropped the box, and then the Policeman kept him in sight; he walked with it - it was not my place to lay hold of him; I am only a lad - I was never in trouble; the waggoner was on the other side of the waggon - if I had gone to give information I should have lost the prisoner.
JOHN CRIDDLE . I am a Policeman. I first saw the prisoner in George-street, Tower-hill: he had the box on his shoulder - I called Stop thief! and he immediately dropped it; I pursued, and did not lose sight of him at all- I took him ten or twelve yards further on, in George-street - he had fallen down when I came up.
Cross-examined. Q. Did you see any body else in the street? A. No; I cannot say there was nobody: I did not stop to look at the box, but pursued him - I caught a glimpse of the box as it fell; my eyes were not off the prisoner.
GUILTY . Aged 26. - Transported for Seven Years .
NEW COURT. FRIDAY, JANUARY 6.
Fourth Middlesex Jury, before Mr. Common Sergeant.
JOHN BOOKER . I live in Charlton-street, and am a butcher. On the evening of the 9th of December, about five o'clock, I was near Mr. Toft's shop; two men came up to the window - one went in, took a glass caddy basin, and handed it round the door-post to the prisoner; I took him - he said he was out of place, and had done nothing; he threw the basin under his feet, and tried to stamp on it.
Prisoner's Defence. I did not know it was going to be stolen - I met the young man; he told me to stop, and he went inside and got me this glass - he said, "I must go back again now" - I laid it down gently, and it rolled off the pavement.
GUILTY . Aged 20. - Confined Three Months .
JOHN KIRTON . I keep a shoe-shop in Oldham-place, Bagnigge-wells-road . On Saturday night, the 31st of December, the prisoner was at my shop; he asked for a pair of shoes - he came round to the end of the counter, to tell me how to nail them; he reached forward, and took a watch off a shelf - I heard the chain rattle, I got up, and the watch was gone; he ran round, fell down, and got up; I pursued him to the corner, and a Police-officer took him with the watch.
GUILTY . Aged 21. - Confined One Month .
FRANCIS LAMBELL . I am a Policeman. On the 24th of December, I saw the prisoner in Broker's-alley, between ten and eleven o'clock in the evening, with a ham under his right arm; I followed him down Castle-street - he turned into a baker's shop, at the corner of Brownlow-street, and asked the way to Lincoln's Inn-fields. - I said,"I will show you;" I asked where he got that ham from- he said "I brought it from Tottenham-court-road, and I am going to Mr. Dickinson's" - I said, "I think you stole it;" and he then said, "I did take it, but for God's sake, keep it, and don't say any thing about it;" I took the ham home, and on the 26th, some person broke into my house, and stole it.
Prisoner. Q. Can you positively swear you saw me in the shop? A. Yes, you came in, and jumped up at the ham between ten and eleven o'clock; you had a jacket on like that, and I knew you by your size.
Prisoner's Defence. I had a ham, but it was my own; I came by it honestly.
GUILTY . Aged 29. - Confined Three Months .
GEORGE ROOKER . I am a butcher, and live at No. 91, Charlton-street. On the 9th of December, at half-past two o'clock, I saw the prisoner go to the prosecutor's door, and take the shoes; I went up, and asked what he wanted with them - he said he would pay for them, and I took him back to the shop.
GUILTY . Aged 18. - Confined Seven Days .
ELIZA OSTERMAN . I am the wife of George Osterman, a broker , in Worship-street . On the 10th of December I was in the parlour; the door was open - I saw the prisoner in the shop; he put his hand upon the counter, and took some weights, which he put under his apron - I went into the shop, and he asked me for a halfpenny-worth of tobacco; I went and collared him - I said, "You have the weights;" he said, "I have no weights" - I put my hand under his apron, and took them; he turned round, and tried to escape, but I cried Stop thief! and he was taken.
Prisoner's Defence. The weights were on the counter - I laid my apron on my mouth, and Mrs. Osterman said I had taken the weights.
GUILTY . Aged 26. - Confined Three Months .
FRANCES TURNER . I am the wife of John Turner, and live in York-street, Westminster ; he is a salesman . I have seen the prisoner at our shop at different times; on the 1st of December she came with another woman - I had occasion to turn round, and saw the waistcoat under her shawl; I took it from her, and said I would give her in charge, but while I went round, she got away - this is the waistcoat.
DANIEL LYONS . I am a Policeman. I took the prisoner, in consequence of information, on the 21st of December; I took her to the prosecutrix's shop directly afterwards - she said to her, "Pray do let me go this time, pray forgive me, I will never come into the shop, nor do the like again."
GUILTY . Aged 22. - Transported for Fourteen Years .
JOHN MANSFIELD . I am a Police-officer. On the 2nd of December I saw the prisoner driving a cab on the Hampstead-road; some persons were running after him- I followed, and discovered the number of his cab; I found him the same night in Southampton-mews - I took him into custody, and told him it was on suspicion of robbing Dr. White; he said, "I suppose it is about my false character, which they cannot give me above three months for;" in going along he said a man gave him 5s. to get into Dr. White's, who was called the Old Captain - he told me where he lived; I went there, and found a box, which he gave me the key of - I took out of it this cape, and pair of spurs, and pistol - I took this coat off his back when he was before the Magistrate.
WILLIAM WARWICK . The prisoner was a fellow-servant of mine: I was five years and nine months in the service of Dr . White - I left his service on the 17th of October, and the prisoner left the same day. These are Dr. White's spurs - this pistol is his; I know it by the lock being off - he had a pistol in the same state, without the lock, and of this size and appearance; I do not know this coat.
JOHN PURYER . I am a gardener to Dr. White; I was in his service when the prisoner was footman there. I saw a livery-coat on the prisoner's arm the morning he left - he had been there but a very short time, so that the coat belonged to Dr. White; I cannot say whether this is the coat or not, as it has been so ill-used, but I can swear to the cape, as there are some white threads about it which it has been mended with - it had been in the coach-house.
JURY. Q. Did the man who proceded the prisoner wear that coat? A. I believe he did; the prisoner was not there above six or seven weeks - he went on trial, and did not suit; he was not regularly engaged.
Prisoner. Q. Can you swear I was not engaged, and did not wear that coat? A. I do not recollect seeing you wear it - I do not recollect seeing you on the box of the carriage.
Prisoner's Defence. I was engaged there; my mistress told me to wear this coat, which was an old one, for a little
GUILTY . Aged 20. - Transported for Seven Years .
372. CHARLES WILLIAMS was indicted for stealing, on the 21st of December , 1 syringe, value 20s.; 1 box, value 1s.; 16 yards of ribbon, value 10s.; 4 yards of sarcenet, value 5s.; 150 needles, value 10d.; 8 ozs. weight of sewing-cotton, value 11d., and 12 sheets of wadding, value 2s. , the goods of Robert Close .
ROBERT CLOSE . I live at Walthamstow, and am a carrier . On the 21st of December I was on my way to Walthamstow, with my cart, in the Hackney-road - I drew up to the Rising Sun public-house, went in there, and left my cart at the door; I returned in an instant, and in consequence of information I looked at my cart, and missed two parcels - I ran towards Shoreditch, and saw a man running, but I could not perceive that he had a parcel; his back was towards me - I raised an alarm; I put my cart in the care of a person, and then went in search of the supposed thief - I have seen my parcels since; I had one from Mr. Stevens, Old' Change, and the other from Mr. Rotherham's; I am responsible for these parcels - these are them; they are directed, and were packed in this manner when I called for them.
Prisoner. He stated at the office that he saw a man running, who dropped a parcel on the other side of the way. Witness. I saw a man in Union-street after I had raised an alarm, and I saw a man crossing the road with a parcel; I returned to my cart.
THOMAS SHIPWAY . I live in Hackney-road, and am a farrier. On the night of the 21st of December, I was in Hackney-road, at the corner of Crabtree-row; I heard a cry of Stop thief! and about a hundred yards further I saw a mob of people running; I saw a man running with a parcel - I pursued him; he dropped it near a baker's shop door, and turned into Crabtree-row - I then returned, took up a parcel, and pursued him down Union-street; when I got half-way down I lost sight of him -I staid there, and the people told me to take the parcel to the station-house; the prisoner was afterwards brought to me by the officer, but he was not the man that dropped the parcel - he was a stouter man than the prisoner, and rather taller; I saw two running, but only the face of one - the prisoner was not the man who dropped the parcel which I took up; the other man had a parcel, but I do not know that it was the prisoner.
WILLIAM REYNOLDS . I am a Police-constable. On the 21st of December I was on duty near Crabtree-row; I heard the cry of Stop thief! I ran in the direction of the Rising Sun public-house, and met the prisoner running by a baker's shop - I met him at the corner of the house; I attempted to stop him - he dropped the parcel; I pursued him down Crabtree-row - I secured him, and found the parcel in possession of a boy, who had taken it up where I saw it dropped - I had not lost sight of the prisoner; he was in the path, and I in the road - when I got level with him he set his back against the wall, and said, "What are you going to do with me? I have done nothing;" Shipway gave me this other parcel.
Prisoner. If I were on my dying bed I could say I never had the parcel in my hand. Witness. Yes, he had the parcel - I have been applied to, to prove an alibi, saying it would be advantageous to me.
THOMAS MEEK . I am the son of George Meek, and live in Hackney-road. I found the parcel near a baker's shop, at the corner of Crabtree-row; I gave it to the officer, and went to the station with the prisoner.
DANIEL STEVENS . I am apprentice to Daniel Stevens, Sen., of Old' Change, Cheapside. On the 19th of December the carrier brought this syringe to be repaired, which was done; I packed it up again, and it was given to the carrier to take to Walthamstow.
Prisoner's Defence. I am innocent; I had not left work twenty minutes, and was going home.
GUILTY . Aged 22. - Transported for Seven Years .
373. JOHN WILLIAMS was indicted for stealing, on the 14th of December , I saw, value 3s.; 1 square, value 1s.; 3 planes, value 4s.; 1 pair of pincers, value 1s.; 9 chisels, value 5s.; 1 mallet, value 1s. 6d.; 1 rule, value 1s. 6d.; 4 bradawls, value 8d.; 4 gimlets, value 8d.: 1 axe, value 1s. 6d.; 4 guages, value 1s.: 1 bevil, value 6d.; 1 screw-driver, value 8d., and 1 basket, value 1s. 6d. , the goods of Joseph Room .
JOSEPH ROOM . I live in Nelson-street , and am a carpenter . On Wednesday, the 14th of December, I went out, at half-past seven o'clock, and left a basket of tools; I returned about eight o'clock - I then missed the basket and the articles stated; I had left it in a back room down stairs - the prisoner lodged in the house, and the tools were in the room under the one we slept in; the landlord and his wife were in the house - the prisoner went out at a quarter before seven o'clock that morning; I had seen the tools at ten o'clock the night before; the prisoner gave his name as Thompson, and said he worked at the gas-house, but I inquired, and he did not.
JOHN SAUNDERS . I am shopman to Mr. Stafford, in St. John-street. I have a saw and a square, pawned on the 14th of December - I have the counterpart of the duplicate, and these are the duplicates which were given.
JAMES FOWELZ . I am a carpenter, and am landlord of the house in which the prisoner and prosecutor lodged. The prisoner went out early in the morning of the 14th of December; I provided him with a candle that morning - he went out and never returned; he left the front and the back doors open - I missed the tools when he was gone; I made inquiry, but could not find him, till I met him in
GUILTY . Aged 25. - Confined Six Months .
374. MARY ANN WALKER and CHARLOTTE TILLEY were indicted for stealing, on the 5th of December , 30 yards of ribbon, value 20s., the goods of Thomas Prall ; and that the said Charlotte Tilley had been before convicted for felony ; and MARY ANN WATTS was indicted for feloniously receiving the same, well knowing them to have been stolen ; against the Statute, &c.
CHARLES GURR . I am shopman to Thomas Prall, linen-draper , of Tottenham Court-road . On the afternoon of the 5th of December I saw Walker and Tilley in the shop - they asked to look at some bonnet ribbons, which the apprentice showed them; I had some suspicion, but they bought a yard of ribbon and a roll of cotton: when they were gone I looked over the ribbons in the drawer which had been shown them - I missed some, and went after them: I found them further on in the road, in company with Watts and another person - they had joined them about twenty houses from my employer's, on the other side of the way; I followed them up the road, called an officer and gave them in charge - these two pieces of ribbon were found on Watts - they are my employer's - there are thirty yards.
CHARLES MUMFORD . I am a Police-constable. I was at the corner of Charlotte-street, Fitzroy-square, on the 5th of December, between three and four o'clock - I took the prisoners and another person; I found the two pieces of ribbon in Watts's bosom - they were then a hundred and fifty yards from the prosecutor's shop, and out of sight of it - I heard Walker say at the station-house, "I took them."
Walker's Defence. I went in to buy a yard of ribbon, but I took nothing out of the shop.
Watts put in a written Defence, stating that the other prisoners had given her the ribbon, but she did not know it was stolen.
WALKER - GUILTY . Aged 15.
TILLEY - GUILTY . Aged 12.
Transported for Seven Years .
WATTS - NOT GUILTY .
375. HENRY HOWARD was indicted for breaking and entering the warehouse of Thomas Flight , on the 29th of December , and stealing therein, 2 bags, value 1s., and 30,000 nails, value 2l. 15s., his property .
ROBERT LOVELOCK . I am a Police-constable. On Thursday, the 29th of December, about eight o'clock at night, I was on duty in Kingsland-road; I saw the prisoner coming from Old-street-road, with a bag on his back; I stopped him, and asked what he had there - he said nails, which he had brought from a job on Finsbury-pavement, and was going to take them home to Austin-street till Monday, and then to take them to his master, Mr. Ogle, at Hackney; I was taking him and the bag to the station-house, but in going along he effected his escape, and was re-taken; I asked him at the station where his master lived, and where the job was; he said, as we had been so obstinate with him, he would answer no more questions; I went the same night, but could not find Mr. Ogle, nor the job on Finsbury-pavement.
THOMAS ASHBY. I live in the Curtain-road, and am foreman to Thomas Flight - he has a workshop in the parish of Shoreditch ; there is a ware-room in which these nails were deposited, I had seen the bag of nails there on the morning of the 29th of December; the premises stand in the yard which has a fence round it, five feet high - there is a door in that fence; there is no house there - I know it was fastened on the night of the 29th of December by one of my men, who is here; and the next morning I found the outer door of the fence broken open, and the door of the ware-room had been broken; I missed two parts of bags of nails, about twenty thousand sixpenny fine clasps, and about ten thousand tenpenny; I have every reason to believe this is one of the bags they were in - the number of nails and description corresponds in every respect; I believe this bag and its contents to be my master's - he has nails from Doggett and Co., Shoreditch.
Prisoner. Q. Can you swear that they are Mr. Flight's nails? A. I firmly believe, in my own mind, they are; they correspond in every particular with those I lost.
WILLIAM ORAM . I am foreman to Messrs. Doggetts, of Shoreditch, ironmongers; I took two bags of nails to Mr. Flight's on the 16th of August - there were forty thousand nails - the bags were marked in the same manner as this is, and the nails were of the same description.
Prisoner. Q. On your oath, can you swear these are the same nails and the same bag? A. They are of the same description; the bags were full when I took them.
JAMES OXLEY . I am servant to Mr. Ashby. On the morning of the 30th of December, I found the premises broken open; I know the prisoner, and have worked with him - he had been in Mr. Flight's employ as a painter.
GUILTY . Aged 21. - Transported for 14 Years .
EDWARD DAVIS . I am apprentice to my father, who lives in Bear-street, Leicester-square. On the afternoon of the 15th of December I was walking in Princes-street, Soho ; I stopped opposite a book shop, and saw the prisoner looking at some books - I watched, and saw him take two books from a shelf inside of the window; he walked away - I took him at the corner of King-street; I told him he had taken two books - he said he had not; I took hold of his collar, and with assistance got him to the watch-house - these two books were under his arm.
THOMAS PARKER . I am assistant to my father-in-law, John Stenson, a bookseller , in Princes-street. I recollect these books being on a shelf in the shop; I missed them - they were brought back by the officer.
GUILTY . Aged 28. - Confined Three Months
ANN HAWKINS . I am single , and live servant to Mr. Marks, in Gore-lane, Kensington . On the 13th of December about three o'clock, I hung a gown to dry in the garden at the back of the house; I missed it about six - this is it; the prisoner lives within two doors of us.
WILLIAM HUSSEY . I am a Police-constable. I took the prisoner in Gore-lane on the 13th of December, between seven and eight o'clock; I saw he had something under his jacket - I asked him to let me see what it was, and he would not; we had a scuffle, and this gown fell in the road.
Prisoner. I went home at twenty-five minutes before eight o'clock; I went into the yard - I saw this gown between our premises and the master's premises; I took it up, went out with it, and was taken - I did not prevent the officer seeing it, but I said if he would go to a fit place, I would let him see it.
WILLIAM HUSSEY. He said if I would go to his father's he would let me see what it was, but I told him he must go to the watch-house; he would neither do one thing nor the other, and I knocked him down.
GUILTY . Aged 20 - Transported for Seven Years .
378. ESTHER BOULTON was indicted for stealing, on the 15th of December , 1 shirt, value 4s.; 1 necklace, value 3s.; 1 petticoat, value 18d., and 6 sovereigns, the property of William Farthings , her master .
WILLIAM FARTHINGS . I am a labourer in the London-docks - I lodge at Mr. Elwick's, in Fox-lane, Shadwell . The prisoner lived servant with me for about eleven weeks; she was to look after my children, as my wife has been dead three years - on the 15th of December I came home, and found her in bed tipsy, in my sister's room, where she slept; on the following morning she went away, and that night, when I came home, I missed, from a box in my room, six sovereigns, in a tobacco-box, my wife's wedding-ring, a child's coral necklace, a coral, a flannel petticoat, and a shirt - I had seen them all safe in the box on Thursday night.
SARAH ELWICK . I am the wife of William Elwick - we live in Fox-lane; the prosecutor lodged in our house. On the Friday morning I told the prisoner she should not remain in the house beyond the Friday following; she went away shortly after I spoke to her, and I heard the prosecutor complain that these things were missing - the prisoner occupied the prosecutor's room where the box was, but slept in my room.
GEORGE LOBIMER . I am a Policeman. I took the prisoner on the 21st of December, in Ratcliff; she was very much intoxicated, and gave herself up - she told me she had robbed a man of six sovereigns - I said, "What man?" she said, "Farthings, in Fox-lane;" I asked what she had done with the money - she said she had spent it, and thrown the box away; in going to the watch-house she gave me two duplicates of this necklace and petticoat.
Prisoner. I did not give them to him, they were taken from me at the station. Witness. She gave me two, and four more were found on her.
JOSEPH HAWES . I am a pawnbroker, and live in Brook-street, Ratcliff. I have three rows of coral beads and a shirt; I believe the prisoner pawned the shirt - these are the duplicates given, and these are the counterparts.(Property produced and sworn to.)
GUILTY . Aged 26. - Transported for Seven Years .
LETTICE KING. I live in North-street, Bethnal-green , and am a widow - I keep a cheesemonger's-shop . On the night of the 7th of December I was in the room adjoining my shop; the door was wide open - the prisoner Beringer, I think, came in, and asked for a quarter of an ounce of tobacco: his voice exactly corresponds, and his dress is the same - I stooped down to serve him, and when I got up he was gone with my bacon; I had not seen it removed -I followed, and saw the person who had been in my shop joined by another person; I followed two persons, both running down Scott-street, leading into Hare-street-fields- I then fell down, and lost sight of them: I then called Stop thief! the weight of the bacon was 20 lbs.
Beringer. I never entered the shop. Witness. Yes, you are the person who asked for the tobacco; there was no one in the shop but you - I am confident you are the lad.
JAMES WARING . I was near the shop on this night; I saw Beringer looking through the window - I went into a house opposite; there were two men with Beringer - I came into the street afterwards, and heard Mrs. King give an alarm, about a quarter before nine o'clock; my attention was directed to Scott-street - when Beringer was brought back, he said at first that he knew nothing about it, but when he saw me, he said I could not prove that he had it; he said he had not been in the street - I said, "Was not you here when I came up?" and then he acknowledged he was in the street.
Beringer. It is in my way home: Waring was on the other side - I said, "Good night," and he went up to his master's. Witness. He said to me, "Halloo! Cock-tail, there you are."
WILLIAM WEST . I was passing the shop on the night in question, about a quarter or twenty minutes to nine o'clock; I saw Tommy Roundhead (Beringer) go into the shop, and Bell and another man were waiting at the door; I am confident of the two prisoners' persons - I knew them both before.
MICHAEL DAY . I am a Police-constable. I apprehended Beringer in Masser-street, Waterloo-town, a little beyond Scott-street; I said to him, "Tommy Roundhead, I want you for stealing some bacon, a quarter of an hour ago, in North-street:" he said, "North-street, I have not been there these two hours;" I took him back, and Mrs. King said he was the man.
Beringer. Q. Did you not say you could not swear that I entered the shop? A. No - I know you was the
Beringer's Defence. I had been at work all day; I pass the shop every night, and the Policeman knows that I pass him regularly.
BERINGER - GUILTY . Aged 16.
Transported for Seven Years .
BELL - NOT GUILTY .
JOSEPH NOCK . I am servant to Mr. Ambrose Bradley, a pawnbroker , of Brown's-lane, Spitalfields . On the 30th of December I was looking through the window, and saw Sheen take a pair of trousers off the rail - he doubled them up, and put them under his arm; I saw the Policeman take him, and bring him back with them - they had been hanging by the door; Bird was close to Sheen when he took them, and walked away in a contrary direction.
Sheen. The trousers were outside the door, and the witness gave Bird 2s. not to mention his name. Witness. I gave him 2s. for informing us that there was to be a robbery at our house, about eleven o'clock, by a person who had robbed us before, and I was on the look out.
COURT. Q. Was there any understanding between Bird and you? A. No; he came in the morning and told us, but he was not to take any thing himself.
WILLIAM WHEATLEY . I am a Police-constable. I attended near the prosecutor's shop - I saw the two prisoners go over to the window; they had been in company for two hours nearly; first on one side, and then on the other - Bird then went over to the shop, and cast his eyes round to give Sheen a signal that all was right; Sheen then went over, and was there about a minute before he took the trousers - he then took them, rolled them up, and put them under his arm - I ran out of an opposite shop, and took him in the road.
JOSEPH NOCK . These are my master's trousers - I had not had any money from Bird, or paid him any, till that morning, when I gave him 2s., because he said he had lost a day's work in coming to let us know.
Bird. I was taken on Saturday morning, and a Policeman said he had found another pair of trousers, pawned in my name; I said I did not know how it was, but when I worked on the roads there were several persons who owed me a spite - he said it was Sheen, but it was not; Sheen and I never had a quarrel.
WILLIAM WHEATLEY . Bird came to the station-house on Friday, and said there was going to be a robbery at Mr. Bradley's that day, and I should be able to catch them - I went there, and saw Sheen and Bird in company with another person; Bird left them, came to me, and said the person could not steal them exactly at eleven o'clock, which was the time he had mentioned, on account of a scavenger's cart being there; I then met him again, and he said the other two were gone up Union-street to steal some bars of soap from an oil shop, but there would be no delay, and that Sheen had asked him what he spoke to the Policeman about; he told him he had fallen out with his uncle, and he spoke to me to make it up.
JOSEPH NOCK . I had not promised or obtained any thing from Bird the day before, nor made any arrangement - the first information we had was in a letter, which was about the other trousers stolen on Christmas-eve, and pawned in Whitechapel-road for 4s., in the name of Birch; Bird then came, and said that Sheen was the person he meant, and he could find the duplicate on him in a quarof hour, but my master would have nothing to do with it -Bird then came on the morning in question, and said there was another pair of trousers to be taken, that he had lost a day's work, and my master gave him 2s. - he came again, and said that Sheen would not come on account of the scavenger's cart; he came over again about one o'clock, and Sheen took them.
Bird. I was near the overseer's on Thursday morning; Nock came, and said I was after no good - he said he would hang out a pair of trousers, and if I liked to come and take them he would give me 1s.
JURY. Q. How did you first become acquainted with Bird? A. I did not know him till he came to discover the thief of the other trousers.
AMBROSE BRADLEY . The Magistrate sent me word about this case, and I came down; I had first seen Bird three weeks before - he came to my private door one night, and said there had been a clock stolen from my premises, if I went to Mr. Thomas, the beadle, I could apprehend the thief; I said I would consider of it - in a few days afterwards he came again, and brought me this letter - (read).
Dec. 27, 1831.
Sir, You have been robbed daily by a fellow named Robert Birch; you may find a pair of black trousers at Mr. Hawes', a pawnbroker, in Whitechapel-road; if you give him in charge I will attend at the office to-night or to-morrow as a witness.
You may find him to-day, at four o'clock, in Stamford-street.
MR. BRADLEY. He was to wait for an answer, and I went to him; he urged me to take up the other man - I said I would have nothing to do with it; he said I should find the ticket on him, but I declined it; on the Friday morning he came and said this man was to come and steal a pair of trousers, or something else, whatever he could get, from my house; he went to the Police-station, and gave information that this felony would be committed; my lad said I ought to make him some remuneration, and I sent 2s. - the officer then came, and said he thought one was as bad as the other; I have found that the trousers were pawned as stated in this letter.
Bird's Defence. I did not write it; I cannot read writing; a young man wrote it, and told me to take it - I had no intention of taking the things; I had orders to stand about the window, and I said if I saw any one take any thing I would stop him - I was told to get a Policeman, and the Policemen were waiting.
Sheen's Defence. Bird told me that Nock gave him 1s. to go and take something, but if he did not like to do it
SHEEN - GUILTY. Aged 17.
Recommended to Mercy by the Prosecutor and Jury, believing that he was seduced by Bird .
Confined Two Days .
BIRD - NOT GUILTY .
GEORGE MACKNESS . I live in Gun's-place, Lisson-grove , and am a carpenter . On the 10th of December I missed a pair of trousers from my house, and on the Sunday I went to the prisoner's lodgings, Shouldham-street, Marylebone; the prisoner opened the door to me, and said,"Oh, I suppose you have come about your trousers?" I said, "Yes, I hope you will be so kind as to tell me what you have done with them;" she said she could not - I said,"You must know there was no person but the child and you in the place, and while the child was out they were gone;" she said so help her God she had never seen them- I said if she would tell me the truth I would freely forgive her; I then asked her to go a little way with me and my friend - she said she would go any where with us, but she knew nothing about the trousers; I saw a Policeman on the other side the street, and gave her in charge.
The prisoner pleaded poverty.
GUILTY. Aged 27.
Recommended to Mercy . - Fined 1s. and Discharged.
382. JOHN THOMAS BAKER was indicted for stealing, on the 17th of December , 1 silver chain, value 10s.; 1 shirt-pin, value 2s.; 1 handkerchief, value 2s.; 1 knife, value 6d., 1 shilling, and 1 sixpence , the property of William Henry Arle .
WILLIAM HENRY ARLE . I live in Macclesfield-street, City-road , and am a working jeweller - the prisoner is my landlord's son. On Sunday morning, the 18th of December, I missed these articles from my writing-desk - I had seen the chain on the Sunday before; I was in the habit of locking my room door, and hanging the key behind a ladder near the door.
WILLIAM WILLIAMS . I am servant to Mr. Mills. I have known the prisoner five years - he came to me one Saturday night, about three weeks ago; he showed me a handkerchief, a pin, and a chain - he asked if I wanted to buy them; I said I did not: he said, "I have had nothing to eat all day - will you give me 2s. for them?" I at last took the things, and gave him 6d. - I gave the things to Mr. Arle.
WILLIAM FOLDS . I am the son of Jane Folds, and live in John-street, Spa-fields. I went with the prisoner to Williams' - he had shown me the things in John-street, and I saw him offer them to Williams.
ELEANOR OXLEY . I live in Macclesfield-street - the prosecutor and the prisoner's father live there; I recollect the prisoner coming to the house one Saturday, three weeks ago - I shut the door, and heard him go up stairs; he was there about half an hour, then ran down, and went out.(Property produced and sworn to.)
GUILTY . Aged 17. - Confined One Month .
PAUL WYMAN . I live in King-street, Clerkenwell, and am a broker. On the 10th of December, between eight and nine o'clock in the morning, I was in my shop; the two prisoners came there - I looked hard at them, and they went away; I heard a woman say something - I followed them into Brick-lane; I then saw that John had an umbrella - the other prisoner and two lesser boys were with him: they went into different shops - I then saw John hand it to William; I lost sight of them - I then saw three of them together; they went up Gee-street, and William Coates took the umbrella into a pawnbroker's - I followed them, and asked the pawnbroker if he was going to buy it- he said Yes; I took hold of it, and said I knew who it belonged to - William Coates then said it belonged to him- I came out; they all surroundod me, and said they would have it - I was obliged to retreat into a shop; I kept the umbrella, and delivered it at the station-house - William Coates followed us, and was taken.
The prisoner William Coates received a good character.
J. COATES - GUILTY . Aged 18.
Confined Six Months .
W. COATES - GUILTY . Aged 16.
Confined Three Months .
THOMAS TUBB . I am a dairy-man , and live in Gilbert-street, Grosvenor square . The prisoner was in my service as a milk-carrier for about ten months; she was to account to me every night when she returned - she did not account to me for any sum received from Mary Hilder, nor from Hannah Wilson on the days stated; when the customers' ledger was brought out - I used to call the names over to her - I have not the ledger here, but I can swear she did not give me these sums, because one of the customers was in the habit of paying every week, punctually, and I repeatedly asked the prisoner if she had brought it; that was Mary Hilder - I had received money from her before; I was going with her to the house, and then she said she had received 10s. 6d., put her mark on the bill, and not paid it over to me; she then said she had received 3s. 6d. from Mr. Bagley's servant.
MR. TUBB. This bill is made by my clerk; I have not received any of this money - I repeatedly asked her for it, and she said they had not paid it.
Prisoner. I paid my master 12s. Witness. Not for these deficiencies; it was for others - she denied having received this: it was found out by going to the customers - then she said she had had it, and I might stop it out of her wages.
MR. TUBB. I inquired of the prisoner on the Saturday, how it was she had not brought Mr. Bagley's bills; she said she had not received it.
GUILTY. Aged 19.
Recommended to mercy by the Prosecutor, who engaged to employ her again .
Confined Ten Days .
HENRY NEWMAN . I am shopman to William Hooper, a pawnbroker , No. 5, Clerkenwell-green . The prisoner came in on the 28th of December; another woman was with her, who offered a cloak to pawn, which Mr. Hooper declined to take, as she was so very abusive - they then left, and we missed two flannel petticoats; I knew the prisoner's address, as she had been a customer - I went to her lodgings; I found her at home, and said, "You have two flannel petticoats;" she denied it - I found them in a box in the room.
Cross-examined by MR. HEATON. Q. How long was that after she had been in your shop? A. About half an hour - I know she was acquainted with the woman who come with her; the prisoner had a basket - I found the petticoats in the box, not in a basket.
Prisoner. I never had any thing to do with this; when I got home the other woman had left them, and they were laying on my bed.
The prisoner received a good character.
GUILTY. Aged 45.
Recommended to Mercy . - Confined One Month .
JOSEPH CRADDOCK. On the morning of the 23rd of December, about two o'clock, I went through Newcastle-court , to No. 13, which is a brothel; I saw the prisoner outside the door - she asked me to give her some refreshment - she looked very ill, and I said I would; I had a purse containing seven sovereigns, and four half-sovereigns, in my hand - she asked me to go into the house, which I did; I took some silver from my other pocket, and gave to the woman to fetch something; the prisoner asked me to sit down - I sat down, but said I could not stop; she then came on my knee - I said, "I don't want any thing to do with you, keep away;" she put her hand into my pocket, and I missed my purse - there was another girl in the room; I called the officer, but nothing was found - my purse was in my pocket when I sat down.
Prisoner. You had used the house before; you sat down in a chair, and threw 1s. on the table, and said,"Landlady, fetch some gin." Witness. No, I never was in the house in my life before; I merely went there to give her some refreshment.
EDWIN NOFT . I am a Policeman. I was called in, and received charge of the prisoner; there was another woman in the room - I searched them both, but found nothing; the landlady came into the room, but I did not search her, as the prosecutor said she had not been there when he lost his purse.
JURY. Q. Was the prosecutor sober; he had been drinking, but was sober enough to tell what had happened - he stated at Bow-street the same as he has here; the landlady stood on the opposite side of the room; she went in when I did.
JOSEPH CRADDOCK. I had been drinking freely, but was not tipsy; I might have been a little elevated, but I am certain her hand was in my pocket - the landlady said the next day, "Your nine sovereigns are not worth a brass candlestick; part of it shall go to pay a good counsel to defend her."
GUILTY . Aged 23. - Transported for Fourteen Years .
WILLIAM PARISH. I am a coppersmith . On the 26th of December I went into a public-house in Ratcliff-highway , to have a pint of beer; I felt drowsy, and laid my head down - in the course of a little time a person awoke me, and said, "You have lost your watch;" I felt, and it was gone - the next morning the officer produced a duplicate; I went with him, and saw the watch - I had not noticed the prisoner in the public-house.
Prisoner. He called me over, asked how I did, and where I lived, and asked me to pawn his watch, as he was going to have a spree that night; he told me not to tell any body, as he was a married man - I went over the way, and pawned it, and the Policeman took me as I was returning. Witness. No, it is all false.
JOHN DOUGLAS. I am a Policeman. On the evening of the 26th I had information of a watch being stolen, and saw the prisoner crossing the road with some money in her hand; I said to her, "Corbyn, where did you get that money?" she said, "What is that to you?" I said, "There is something wrong about a watch;" she said so help her God! it was a long time since she had seen a watch, she wished she had; I found on her seven half-crowns, one shilling, and 10d. - I said, "Where did you get this money? you have not had any thing lately;" she said, "What is that to you?" I searched her, but found nothing more - she then said it was the change of a sovereign which a man gave her for a shilling.
Prisoner. Q. Did not I tell you I was going to give
MARY ANN HILL . I was in this public-house, it is the White Hart; I saw the prisoner take the watch from Parish's pooket as he laid on the table, rather dosing - she went out of doors with it; I told the officer that was the woman - I told the prosecutor of it, because another woman was blamed for it.
Prisoner. He gave it me out of his hand, and he would have said so, but for his wife. Witness. No, she certainly took it.
EDWARD EDMUND CHILD. I live with Mr. Reynolds, a pawnbroker. I have a watch, pawned by the prisoner between seven and eight o'clock, on the 26th of December - she said it was for another person, named Ellington.
Prisoner's Defence. The watch was offered to another woman, and she would not take it, because she knew his wife; Douglas would not let her in at the station - he said he would give her a month's hard labour in the House of Correction if she came in.
GUILTY . Aged 40. - Transported for Life .
THOMAS TAYLOR. I am a shopman to Mr. Seth Johnson , of Shoreditch , hosier . On the afternoon of the 26th of December the prisoner and another lad came to the shop; the other asked for a pair of kid gloves, and while I was serving him my fellow - shopman gave me a hint; I seized the prisoner, and three silk handkerchiefs, which were my master's, were taken from his flap - these are them; they are my master's, and had been for sale in the shop.
GUILTY . Aged 15. - Judgment Respited .
MARY HUNTER . I lived in Camden-terrace. On the 5th of December, I saw the three prisoners playing in Camden-fields , at the back of our house, a little before eleven o'clock; I saw them giving some food to some birds - this turkey was among them; they decoyed the birds together, and caught the turkey; Cannon put it into her pinafore, and they all went across the fields; I followed, and brought her back - the boy s walked away; the turkey was covered with a cloak, and was in her pinafore; I went to the owner of the turkey, and the Police-constable was afterwards got.
The prisoners put in a written Defence, stating that they had no felonious intent in view, and that it occurred in the public road, and not in a field.
WILLIAM CANNON . I am the father of the prisoners. The two boys were sent to a shoemaker in Tottenham-court-road, and did not come home till the evening; they had been to look for a situation with a confectioner, who would have been here had this not been Twelfth-day; the girl had gone to Camden-town to look after some children; I live in College-street, and this all took place within five minutes walk of my house; I have the management of the Infant School; the boys had blue jackets on; when they came home in the evening, I told them there was an accusation against them, and if their sister said it was them, they would be transported; they slept at my house that night, and absconded next morning, in consequence of this alarm; they slept out the next night, and when they came home in the morning, I took them to the officer - they do not always dine at home.
NOT GUILTY .
Second London Jury, before Mr. Sergenat Arabin.
JAMES IZZARD. I drive Mr. William Russell's waggon - he is a carrier . On the 24th of December I had a box which I brought from Kneesworth, to take to the Vine Inn, Bishopsgate-street ; I arrived there about six o'clock, but they did not unload the waggon then; I stood in the street till between seven and eight o'clock in the morning, and when we took the other things out, I missed the box; I had seen it safe when I was at Leadenhall-market, between five and six o'clock; I have seen it since - this is it - it is directed to Mr. Hookham, at the library.
SAMUEL PATRICK . I am an officer of Portsoken ward. On the morning of the 24th of December I was in Cutler-street, about half-past seven o'clock; I saw the prisoner running as quick as he could, and heard a cry of Stop thief! I approached, and laid hold of him; I asked what was the matter - he said nothing; I held him a few minutes; a person came up and said, "That man has dropped a box in Hounsditch, at the corner of St. Mary-axe" - I took him back, and there was the box.
WILLIAM KITHCART . I was in Camomile-street, and saw the prisoner carrying a box; I had some suspicion from what Williams told me, and watched him; he turned into St. Mary-axe - I followed him; he dropped this box, and made over to Cutler-street, where he was taken by the officer, to the best of my knowledge; the prisoner carried the box on his shoulder.
GUILTY . Aged 21.
Transported for Seven Years .
391. SOPHIA CAVE and FANNY CAVE were indicted for stealing, on the 21st of December , 1 comb, value 8s.; 1 wooden bowl, value 2d.; 1/2 lb. of beads, called bugles, value 5s., and 24 glass buttons, value 2s. , the goods of William Young .
MARIA SMITH . I am in the service of Mr. William Young, of Newgate-street . On Tuesday, the 20th of December, the two prisoners came to his shop together, between seven and eight o'clock, and asked to look at some gold ear-rings - I was on the landing-place, and could see all over the shop: they spoke to Mr. Young, and he talked as if he was serving them - I heard Fanny Cave say, "I want some gold ear-rings, not the common ones; I want the best" - my master brought her some in a box; she said,"These are too common; I want the very best fine deadgold ear-rings" - my master went into the counting-house- he returned, and said, "The young woman who manages the business, is gone; I don't know where the case is, will you come again in the morning?" the next night(Wednesday) they came again, and Fanny said, "I have brought this coral ear-ring to match, and I want a pair besides;" at that time Sophia dropped something on the floor, and Fanny said, "Oh, my dear, you have dropped the sovereign;" I could see all that passed - my master then lifted up the candle for her to look for it; she said,"I have got it, Sir," and she picked it up - my master then asked if they would like to see the ear-rings that night- they said they came on purpose; my master then went into the counting-house to get them, and Fanny Cave went to the glass-case, which was shut - Sophia still stood with her face towards my master; Fanny opened the glass slide of the window, took out the bowl of bugles, and then the comb - she went towards Sophia; I then went down stairs, shut the glass slide of the window, and said, "You have been robbing my master;" Fanny said, "I have not;" she had the bowl and the comb then in her hand - she tried to open the slide, but could not - she then laid down the comb on the counter, the bowl on the glass, and ran to the door; I had not loosed my hold of the glass, and she struck me on my bosom, as she went out - a young man at the door pushed her back again; Sophia still stood in the shop - some of the bugles had fallen on the floor, and I swept them up after they were gone to the Compter - I also swept up some buttons, but I had not seen the prisoner with them in her hand; Sophia had a basket, but I did not see any thing put in there; they had the articles between them when I came down stairs.
Cross-examined by MR. PHILLIPS. Q. Was it not a good sized bowl? A. Not very large - I could not be seen; they stood about two yards and a half from the counting-house, and about two and a half from the door -I was down in a moment - the door was shut; master did not wish to give charge of them, as they had taken nothing, and the officer said, "I will take it on myself."
WILLIAM YOUNG. On the Tuesday evening these two prisoners came to my shop, and on Wednesday they came again and brought a little drop, or ear-ring, to be matched - they asked to see some good ear-rings; I made a pretence to go for them; I was not gone above a minute and a half, when they opened the sliding sash, and took out the bowl of bugles and the comb - the young woman popped down, and took them; Sophia did not attempt to go - she staid behind with the basket.
Cross-examined. Q. You did not wish to prosecute them? A. No, I would sooner put up with the loss - I lost nothing then; there were more valuable things, but they could not see them.
CHARLES EDWARDS . I am a patrol. I saw a mob round the door - I went in, and found the two prisoners; I took them to the Compter - I got them searched, and three or four beads fell from Fanny, and 9s. and some halfpence from the other.
NOT GUILTY .
WILLIAM ALFRED PUTMAN . I am shopman to a pawnbroker, in Pickett-street. The prisoner came to our shop, and produced a pair of shoes; I was going to make the duplicate for them, when she produced another pair - I saw a lable of Mr. Clarke's in them; I said, "These are stolen, I am sure Mr. Clarke would not send them to pawn;" she said a woman outside gave her them to pawn - she went out, and said the woman was gone, but Mr. Clarke was her master, and she wondered how the woman should give her shoes that belonged to him; I took her to Mr. Clarke.
AUGUSTUS GEORGE CLARKE. I live in Ludgate-street , and am a boot and shoemaker ; the prisoner lived six or seven years in my family - these are my property; she was my only servant , and we had sent her to Arundel-street at the time she attempted to pawn these; I did not know I had lost them till they were brought back.
The prisoner put in a written Defence, stating that the prosecutor had forgiven her, and that she went home to her mother in the country, but returned in a fortnight, as she could not procure a situation, and lodged with George Peel, who had formerly lived with the prosecutor, and that the prosecutor came there and had her and Peel apprehended.
MR. CLARKE. I positively deny that I ever forgave her.
GUILTY. Aged 25.
Recommended to Mercy . - Confined One Month .
AUGUSTUS GEORGE CLARKE. I live in Ludgate-street , and am a boot and shoemaker . The prisoner came to my service when Hardcastle left. On the 27th of December her mistress and she had a few words about her dress, and
Cross-examined by MR. PHILLIPS. Q. Had you not said, "Come tell me the truth, and I will forgive you?" A. No. nor used any threat: she came from the country.
JURY. Q. Was her box locked? A. It was open, and she was at it, looking over some things - I asked if it was hers.
NOT GUILTY .
JOSEPH WILLIAM CLARK . I am shopman to Mr. Fleming, a pawnbroker, in Farringdon-street. I took in this pair of half-boots for 6s., from the prisoner, on the 27th of September, in the name of Smith; I am certain he is the person.
Cross-examined by MR. PHILLIPS. Q. Did you state before the Alderman that the prisoner was the person? A. Yes; I swear he is the man - I had seen him three or four times before; this is the duplicate.
AUGUSTUS GEORGE CLARKE. These are mine: the prisoner had been six months in my service before the 27th of September.
Cross-examined. Q. Have you a mark on these boots? A. Yes; it is my mark which I put on when they come from the manufacturer - it is 5-5, meaning they are the fifth size, and No. 5; I had about twelve pairs of the running sizes, from one to ten - I had not sold this size; my wife sells, but not to gentlemen - I had no shopman but the prisoner; I bought them of Mr. Surridge in Newgate-street.
Prisoner. That mark was put on since they came from the pawnbroker's. Witness. I declare positively it was not; it was put on when they came from the manufacturer.
Prisoner's Defence. I bought them myself of the manufacturer, in Newgate-street; I was with the prosecutor for ten months, and he never put a private mark on any article while I lived with him.
GUILTY . Aged 28
JOSEPH WILLIAM CLARK. I am shopman to a pawnbroker, in Farringdon-street. I bought this pair of half-boots of the prisoner in October, I believe, but I cannot be certain; I had seen him before - I bought them of him in the name of Smith.
AUGUSTUS GEORGE CLARKE . These are mine: there has been a mark 6-7 on them, which is rubbed out in a great measure by the wear of the boots; I have not the least doubt these are mine - I bought them of Mr. Surridge, in Newgate-street; I never sold any thing to the prisoner but two pairs of shoes.
Prisoner's Defence. When I had an order I went to the depot and bought them, and he did the same: he does not make them.
GUILTY . Aged 28.
MR. CLARKE. I have been robbed of from one hundred and fifty to two hundred pairs of shoes, and some of the duplicates are dated nearly from the first day he came into my house; Hardcastle was a good servant till he came.
Transported for Fourteen Years .
SECOND COUNT, stating it to be twenty-five yards of silk.
THOMAS KNIGHT. I am a haberdasher , and live in the Minories . On Thursday, the 8th of December, about half-past five o'clock in the evening, the prisoner came to my shop, and purchased a skein of silk of my boy for 1d.; I was engaged with a customer, showing some black silk handkerchiefs - the prisoner turned, and asked me the price: I said 5s. 6d. - I called my young man to serve him, and told him to look sharp after him; my young man came and whispered something to me; I came round towards the prisoner, and he turned from me - I took hold of his umbrella; I pulled it open, and saw a piece of handkerchiefs sticking up in it - he resisted violently, and knocked my young man through a square of glass; I would not let go my hold of him - two or three neighbours came, and I sent for an officer; three pieces dropped out on the floor, and two were found at the watch-house - he offered to buy one, to pay 1s. off, and come in the morning for it.
Cross-examined by MR. CLARKSON. Q. Part were found in the umbrella, and part had dropped on the floor? A. Yes - he had his umbrella in his hand, and he let it fall on the floor, in the scuffle; the umbrella was not fastened - I did not observe a woman in the shop; there were two more gentlemen - he had no business near the handkerchiefs; they were not what I was showing.
RICHARD SHALE . I was in the shop, and saw the prisoner come in with the umbrella in his hand; my master said, "Richard, why don't you come round?" I came round, and showed him some black silk handkerchiefs - he asked the price; I said 5s. 6d. - he said, would we object to his paying 1s. then, and the rest on the morrow - my master said, "Oh, no;" I went round, as if to make a bitt, but instead of that I watched, and saw him take a chair near where some silk handkerchiefs were, and I saw him drag four pieces down into his umbrella - I told my master, who taxed him with it; a scuffle ensued - a neighbour came to assist; I ran for an officer - when I came back I picked up three pieces from the floor, and two were found at the watch-house.
GUILTY . Aged 25. - Transported for Seven Years .
The prisoner pleaded distress.
GUILTY . Aged 16. - Transported for Fourteen Years .
GEORGE CAKEBREAD . I am waiter to Mr. Thomas Gilby, who keeps the Woolpack tavern, in St. Peter's-alley . On the 23rd or 24th of November the prisoner came and ordered dinner; he inquired what there was to pay - this was between six and seven o'clock - he had not finished his dinner; I told him 2s. - he gave me 3s., and ordered me to get him a glass of gin and water, which made the reckoning half a crown; when I went down to get the gin and water he followed me down stairs, and passed me while I was standing at the bar - I understood him to say"Take it up stairs, and I will be back directly," or words to that effect - I placed the gin and water on the table, and proceeded to my other business; my suspicions were awakened, as he did not return, and in half an hour I missed these articles - I did not see him again till one day in December.
JOSHUA FREDERICK CLEMENTS . I am an officer. I had the prisoner in St. James' station-house in December; he wrote to his wife - I intercepted the note: I went to his wife's lodging, in Suffolk-street, Borough - I there found this duplicate for two spoons and a fork, dated the 25th of November, for 1l. 4s.
HARRIET RATHBONE. This is the duplicate I gave.
GUILTY . Aged 28. - Transported for Seven Years .
OLD COURT. SATURDAY, JANUARY 7.
First Middlesex Jury, before Mr. Justice James Parke.
MESSRS. ADOLPHUS and SMITH conducted the prosecution.
MARY CANE . I live at No. 5, Little Cheapside, Payne's-buildings, Whitecress-street; I am single. On Saturday night, the 3rd of December, about twenty minutes to ten o'clock, I went to the privy in Hartshorn-court ; I know the time, because I heard the clock strike ten, and think it was twenty minutes before that; I had come from Goswell-street, where I work, at nine o'clock; that is about ten minutes' walk from Hartshorn-court, and it was about half an hour after I returned, that I had occasion to go there; that is the only means I have of ascertaining the time; when I went into the privy I put my foot on a child's leg, which frightened me; I ran out and went to my next door neighbour - I went into my own house, got a lighted candle, came out, and met William Newton ; I gave him the candle - I did not follow him to the privy directly, but went there in, I suppose, two or three minutes after, and he was there with the light; I did not go into the privy - I looked in, and saw the child in the corner, laying on its back; Newton held the light, he was in the privy - one of the child's legs was stretched out a little; the knee was bent; its clothes were a little way up above the knees - it appeared to be dead; Newton had got into the privy when I got there, and had the same candle in as I had given him - I saw nobody come out, I went and gave information to my next door neighbour.
Cross-examined by MR. CLARKSON. Q. You did not know this child before? A. No; Newton lives in the opposite house to me - the privy is common to the house I live in, but not to the one Newton lives in; he does not live the length of this court from the privy - I went into the privy, when I trod on the child's leg; I had no light then - I had one, but it blew out as I turned the corner, before I got to the privy; I went back to light it, and met the boy Newton as I returned with it - I gave it him, and stood there, being so frightened; I was a good deal alarmed - Newton was there three or four minutes before I followed him; there are seven or eight houses occupied by different lodgers - Broad Arrow-court is about a quarter of an hour's walk from where I live.
MR. ADOLPHUS. Q. Is there a passage to the privy? A. There is a passage to go into it, but not before you come to it - it belongs to more than four houses, and stands in a little corner; nobody who did not know it would take it to be a privy - it is kept shut, and nobody can open it unless they know how; you lift up the latch, shove a knee against the door, and it opens inwards - doors generally open so; it used to lock, but the lock is broken - I take the handle of the latch in my hand, and then give it a shove in; it is harder to open than most doors - I know the prisoner; she once lived next door to me, in one of the houses the privy belonged to, right facing the privy - when I gave Newton the light, I had turned the corner, and was in Little Cheapside; I saw nobody come out of the privy as I stood; while he was gone with the light nobody could come out to pass me without my seeing them; there is another way which they could go.
COURT. Q. What sort of a night was this? A. It was not very dark; there are two gas-lights, one by the privy, just at the corner - a person could come from Golden-lane into Hartshorn-court, and into the privy that way.
WILLIAM NEWTON . I am twelve years old next October - I go to the Red-coat charity school, Baldwin-court, Golden-lane, and live at No. 37, Payne's-buildings; I go from there to Little Cheapside, and then to Hartsborn-court. On the night of the 3rd of December Cane told me what she had seen in the privy, and gave me a candle - I was coming out of my mother's house to go on an errand; to the best of my recollection it was between eight and nine o'clock - it might be later; I had not heard a clock strike - it might be between nine and ten, for what I know; I went to the privy, pushed the door with my foot, and
Q. How could you see the colour of his coat? A. There is a gas-light - he had a black hat on, and a bit of crape round it; the woman had a light shawl on, with a high cap on - it might be a bonnet; it was white - I think she had a dark gown on, with light flowers; she was a littleisk woman - I could not see her face; the man went out at the end of the court, towards Payne's-buildings, nearest Cane's lodging, through Little Cheapside, and the woman went the other way, through Hartshorn-court, towards Golden-lane - Sookers came up, and Mr. Nolan was there before him.
Q. Did Nolan bring a light? A. He might, but I do not know, I was in such a fright - the man and woman had got away then; I hallooed, and Nolan came up - when Sookers came, Nolan told him to go in and pick the child up, as it might he in a fit; I staid in the court, and did not go into the privy at all - Sookers took it up, and brought it out on his arm; I told a good many people at that time that I had seen a man and woman come out- I think Nolan had the light when Sookers took the child up.
PATRICK NOLAN . I am a calico-glazer, and live at No. 4, Little Cheapside, three doors from Hartshorn-court. On Saturday night, the 3rd of December, I heard Cane seream out; she ran to my door - the privy is three doors from ours, and about twenty yards - she said,"Mr. Nolan, there is either a child or a bundle in the privy;" I ran to the privy directly, and picked the child up - I did not take a candle with me; Newton had one in his hand when I went into the privy - it was lighted; several women were standing round the door when I came up, and Newton was just inside the step of the privy - I got there within a minute or a minute and a half after Cane screamed out; I went immediately to the privy - Newton had the candle inside the privy - it was never in my hand; I went directly, and took the child up in my arms - it laid on its back, towards the left hand side of the privy; Sookers took the child away - I had hold of her hands, and felt her feet, and said, "The child is dead;" the hands were quite cold - my mother also went out, but I reached the privy before her; I saw nobody but Newton inside the privy - three or four women were outside; they were fearful of going in - I suppose the child's clothes were turned up above its knees; I saw nobody running - nobody could have run past our door without my hearing them: I heard nobody - Newton said nothing to me about a man or woman that night, nor that any body had struck him; I did not wait to speak to any body, but went off to Mr. Smith's with the child - he mentioned it to me on the Tuesday morning, but I am certain he did not mention it in my presence that night; the privy is very long - the child lay on the left-hand side; the feet were about a foot from the door; there is a good deal of space between the door and the seat on the left hand - I suppose it is six or seven feet long; the door opens to the left - nobody can open the door unless they are used to it; you lift the latch up and shove it; it would open with a key, and without one by a person used to it - it is a latch lock; the handle is only to pull by - it does not communicate with the latch; I have known the prisoner three years - she lived right opposite the privy, on the first floor: she lodged with Mrs. Burn - that was within three months; the privy is used by the people of the house she lived in - I examined the privy door afterwards; is did not appear to have had any violence used to it.
Cross-examined. Q. You knew Sookers? A. Yes, he lives in Hartshorn-court, not so near the privy as me; when I got up there were several women about the door - I did not notice their faces; I ran into the privy directly - I was there before Sookers; I found the door quite wide open when I got there, and ran in directly -Mrs. Cane came after I was in; she came into the privy as I came out with the child in my arms - I gave it to Sookers in the privy, and we went off to Smith's with it; I took it up as Sookers told me - he said, "Are you frightened?" I said, "I am," and he took it out of my hands.
Q. Then he was on the spot as soon as you were? A. I was in the privy before him; he was coming up Hartshorn-court as I came up Cheapside - I have known the prisoner three years; she was formerly of the Catholic faith, I believe, but I never spoke to her - I have heard her father has turned Protestant, but never heard that she had; I am a Catholic.
JOHN SOOKERS . I am a costermonger, and live at No. 1, Hartshorn-court. On the 3rd of December, about twenty minutes to ten o'clock, I was going through Hartshorn-court, towards Whitecross-street, and heard Cane scream; I know the time, because I looked at the clock when I was up stairs - I shut the door, and came down directly; it wanted twenty minutes to ten by the clock in my house: heaving Cane scream I made towards her as quick as possible - I saw her, Nolan, and Newton, all in the privy with a candle; Newton held the candle, which was burning - I looked in and saw the child laying on its back; I took it up, and took it to one Daltons, and then to Dr. Smith's - it was dead.
Cross-examined. Q. Mrs. Cane did not come in after Nolan had taken the child up in her arms? A. No; she was there before - I took it from the ground, and kept it in my arms till I took it to the station - I had said to Nolan, "Take the child up," and he put his hand towards it, but he could not lift it, and then I took it up- he did not ask me; Newton was going towards the privy when I got up; when I heard the scream Cane was towards the privy door.
JAMES DUFFEY . I am a labourer, and live in Broad Arrow-court, Milton-street. My daughter, Margaret, would have been six years old in April - she was a healthy child , and never subject to fits since she had the hooping - cough, (which is twelve months last Christmas) not that I know of, but she has not always lived with me; I saw her alive about twenty minutes to two o'clock on the 3rd of December - she was then in health; I shook hands with her as I went from dinner, and saw her again about half-past five - she passed the kitchen door, and I saw her going out of the house with the prisoner, who lodges next door to me; she has taken the child out many times, and appeared to behave very kind to her indeed - the child
Q. How do you know it was a quarter to ten o'clock? A. I went into a public-house about twenty-five minutes to ten, and had not been there four minutes when my daughter came, and told me the child was dead at the station-house; I ran there directly - I saw the clock in the public-house, which is in Type-street, Chiswell-street, and it was twenty minutes to ten when I came out; it is about the same distance from Red Lion-court as Hartshorn-court - I ran as hard as I could; I had gone home that evening about seven minutes after five o'clock, and did not go out till after six.
COURT. Q. Did you state it to the Coroner to be twenty minutes to ten o'clock - you are made to say in your deposition that it was about ten? A. Twenty minutes or a quarter - it must have been a quarter to ten, as near as I can say; I cannot read writing.
MR. SMITH. Q. How long have you known the prisoner? Six or seven years, I believe; she lived next door to me about a fortnihg: I never heard the child complain of any injury - I never observed any bruise on her arm: she wore short sleeves - she had neither stockings nor shoes on when she went but with the prisoner; she had taken her little boots off.
Cross-examined. Q. The prisoner was in the habit of nursing your child, and appeared very foad of her? A. Yes - she appeared very fond of children.
MICHAEL JENNINGS . I am a labourer, and live in Brond Arrow-court, in the same house as Duffey. I saw the child at four o'clock in the evening, but not after; the mother told me she was lost, and I went in search of her - that was between seven and eight, I think; I found her dead at the station-house afterwards - I was present when the surgeon examined her body - it was Margaret Duffey.
ELEANOR JENNINGS . I am twelve years old, and live with my father. I knew Margaret Duffey; on Saturday five weeks, between five and six o'clock, she was playing with me - the prisoner came up stairs, opened the door, and asked if Margaret Duffey was there; I said Yes - she pointed her finger, and beckoned her out - she then took her down stairs, and kept her about three minutes in the passage; I never saw her after that: I afterwards saw the prisoner coming up Broad Arrow-court from towards Milton-street, without the child - I am not certain what time it was; I usually go to bed about eight o'clock, but went that night about half-past ten - it was about an hour and a half before that that I saw her; I saw Mrs. Duffey go and speak to her.
ELIZABETH KENNY . I am married, and live in Prospect-place, Pump-alley, about five minutes' walk from Broad Arrow-court - it leads out of Whitecross-street. I never saw the prisoner before the night in question, that I know of - she is the person who passed me that night at half-past five or a quarter to six o'clock; she wore a light gown, a light shawl and dark bonnet - it looked to me to be black: it was dark.
Q. How are you able to swear to her? A. I saw her go from Bunhill-row station-house in a coach, and said she was the woman, and swear to her features - the lamps were lighted, but they were some distance from me; I saw enough of the features to swear to her - I did not speak to her; she had a child in her hands, walking by her side - it had neither shoes, stockings, nor bonnet on, and seemed to me to be crying; she said, "Do not cry, we shall soon be at home;" she was going towards Coleman-street, towards Whitecross-street - she went up by Payne's-buildings, which would lead towards Hartshorn-court: the child had a dark frock on, and its hair seemed to me to be dark - she was going in a contrary way to Broad Arrow-court.
Cross-examined. Q. You merely saw her passing? A. Yes, as I was at the gate; I saw her get into the coach on the Monday, and named this then, and again next day.
WILLIAM DALTON . I am a watch-finisher, and live at No. 5, Hartshorn-court. On the 3rd of December, at a quarter-past seven o'clock, I passed Payne's-buildings; I went to take some work home for my father, and it struck seven when I was at the warehouse in Bunhill-row - it might be a quarter-past, as near as possible; I saw the prisoner at the end of Payne's-buildings, in Whitecross-street, with a child in her arms - I knew her before; she stood with her face towards a public-house door, in Whitecross-street - I did not notice the child; it had on a kind of dark frock - one of its arms were round her shoulder, and the other in the attitude of eating something; it appeared about six years old - I have since seen a body, but it was in too decomposed a state to recognise.
Cross-examined. Q. How far is that public-house from Broad Arrow-court? A. I cannot say, it is the Black Boy, at the corner of Payne's-buildings; I did not speak to the woman.
COURT. Q. How was she dressed? A. She had a light gown on; her face was towards the light - I think her bonnet was a kind of light green; the child had no bonnet.
CATHERINE LANFIERE . I live at No. 36, Payne's-buildings, Whitecross-street. I have known the prisoner three months. On the evening of the 3rd of December, about a quarter to seven o'clock, I saw her in Little Cheapside; I know the time, because I was not far from my own door, and went in directly - she had a female child with her, walking without shoes or stockings; I heard her say to the child, "What ails you?" I did not hear the child cry: they were going towards Cowheel-alley, they were not near Broad Arrow court, and going in a direction from the privy - I did not speak to the prisoner; she had on a light shawl, a light gown, and a bonnet, which I think was silk, but a lightish colour, not dark - the child had nothing on its head; I cannot describe its dress - when I first knew the prisoner she lived in Hartshorn-court, near the privy.
MARTIN BAILEY . I live in Turk's Head-court, Goldenlane, and am a skin-dresser. I was in Hartshorn-court on the 3rd of December; I was coming through the thoroughfare where the privy is - it was about eight o'clock, as near as I can say; I heard Cripplegate clock strike the three-quarters when in Golden-lane - I walked quick - it could not be eight o'clock; as I came up towards the privy, I saw the prisoner come away from the privy-door, and
Q. Did she come towards you? A. No, she went the other way, and walked quick towards Little Cheapside; there is a gas-light at the corner - I have known her some months; I have seen her a good many times, and know her well - the privy is about half a mile from Broad Arrow-court, I think, to go the regular way.
Cross-examined. Q. When did you first give this account? A. On Sunday evening, when I heard she was taken up. I have talked with Eleanor Donoughue about the child being found dead - that was between eleven and twelve o'clock on Sunday; I did not at that time know who was taken up; I told her I did not know any thing about who was taken for it - I had been to take a pair of shoes home.
Q. Did you tell her you had seen nobody come from the privy? A. I was saying I heard a man and woman were taken up for it; I had heard nothing about it till then - I did not tell her I had seen anybody come out of the privy, nor that I knew nothing about it; I said I heard the child was found dead; I did not know what privy it had been found dead in; I worked for Mr. Reid, of Brick-lane for the last twelve months; I have not worked for him since last harvest, but have worked for other people; a man that I lodged with knew I could mend shoes, and had given me money to get nails and leather to mend them - I was idle for a week or a fortnight before that; I worked for a gentleman in Charingcross last November, and for others since; I was never charged with any theft, and was never sent to prison - I never was taken up as a thief.
COURT. Q. Is the privy you speak of in the passage between Hartshorn-court and Little Cheapside? A. It is at the end of a few houses; I was coming in a direction from Golden-lane - the privy is on my left-hand side; I did not notice whether the door was shut - I saw her face; she turned away, and then I saw her back - I did not speak to her - I never spoke to her that I know of; when I knew her she lived opposite the privy.
NATHANIEL BIRNIE . I am a Policeman. On the night of the 3rd of December Mrs. Duffey applied to me, and I took the prisoner into custody about ten minutes to nine o'clock that night; I had not then heard of the child being found - I took her in Broad Arrow-court, standing close by the door where she lodged; I asked where she had left the child - she said she had not seen the child since she had given it a penny at her (the child's) father's door; I took her to the station in Bunhill-row, and as I went along I asked where she had been from the time she gave the child a penny; she said she had been to a place where she had been used to wash and clean the house down; she mentioned no name nor place; I asked her the same question at the station, and she said she had been to Mrs. Lee's in Rotten-row - I took her to Rotten-row - she pointed out No. 13, and took me to the front room, second floor, where I saw a man in bed; she said to him, "What time was I here to day Mr. Lee?" he said "I have not seen you to-day:" a woman then came into the room, whom she called Mrs. Lee - she asked her the same question; Mrs. Lee said, "I have not seen you since last Tuesday;" I then took her to the station-house - she then said she had not been to see Mrs. Lee, but Mrs. Warren, in the same house in Rotten-row. I went back myself, saw Mrs. Warren, and detained the prisoner.
Cross-examined. Q. Did she take you to this place without any inducement on your part? A. She did not volunteer to go - I did not ask her, but took her there; I did not tell her her answer would be given in evidence against her, nor did I say she must tell me where she had been.
COURT. Q. Was any woman with her when you took her? A. A woman stood close by her; I do not recollect how that woman was dressed, whether she had a cap or honnet on.
ELEANOR MADDEN DUNFY . I live at No. 2, Broad Arrow-court. I know the prisoner; I lent her a shawl the night before this child was killed - the father took me to the station; I saw the child dead on the floor, and took my shawl off the prisoner's back.
Cross-examined. Q. She lodged at your house? A. Yes, for a fortnight; the Policeman came to my house that night - I believe it was about five or half-past five o'clock- Mrs. Duffcy lived next door to me; I was at home all the evening, poorly, and kept my bed - she went out that day, and came home a little before five o'clock, or a little after, for good, I believe; she ran out on an errand, as she said, after that, and came home, as well as I can tell, about eight o'clock, or a little after, and stood at the door till the Policeman came; I did not see her, but heard her speak about eight o'clock.
ANN LEE . I am the wife of Martin Lee , a labourer, and lodge at No. 13, Rotten-row, Old-street. I know the prisoner - she was not at my house on Saturday, the 3rd of December, till the evening, when she came with the Policeman - I did not see her till then.
Cross-examined. Q. How many persons lodge in your house? A. Mrs. Warren keeps the house - nobody else lodges there; I was out for about an hour in the morning, and about an hour in the evening; she had called to see me four or five times, but I was not intimate with her - I had known her five weeks: she was at my house on the Tuesday before.
MARTHA WARREN . I keep the house, No. 13, Rotten-row. The prisoner was not their during the day on the 3rd of December, to my knowledge; I was ironing most of the evening, and did not go out till nine o'clock - she was not there between five and nine o'clock.
Cross-examined. Q. Do you often leave your door open? A. Sometimes; I saw her in my yard with Lee's daughter about three months ago - I am sure I was not out till nine o'clock; Mrs. Lee is in and out a good deal of an evening - her husband was sick; another person; lodges down stairs, but she keeps herself much to herself; she never opens the door - she is a lone woman; her name is Walden - I know she was at work at home most of the day: she hardly ever goes out - a person might go to her without my knowledge; I was never in her room, though she
MR. SMITH. Q. Do you mean your street door? A. No, my room door; the street door is kept on a latch, and can be opened outside.
JAMES DIXON . I am superintendent of the Police division G. On Sunday, the 4th of December, I was at the station-house in Bunhill-row, and saw the prisoner there - when I heard she was charged with murder, I cautioned her that if she said any thing it would be given in evidence against her, but if she chose to send for any body where she had been she might - I took a rough memorandum of what she said; (referring to it) she stated that she was at Whitechapel, at Mrs. Henry's, in Colchester-street, from ten o'clock in the morning till five in the afternoon - that she then went to see her friend in Rotten-row, and at six she met Mrs. O'Brien, one of the nurses of St. Bartholomew-hospital, and walked about the neigbourhood of Finsbury-square till about seven o'clock, with O'Brien, went home a little after seven, and remained at home till she was apprehended.
Cross-examined. Q. You have on this memorandum,"The prisoner, Robert Tye, lives at Greenwich" - was he in custody? A. That relates to something else; a man she had cohabited with was apprehended - it was stated to me that a man had been seen to come out of the privy; I endeavoured to find who he was, and asked if she knew Tye - in consequence of her answer I went to Greenwich, and apprehended Tye; he accounted satisfactorily for his time, and was discharged; I recollect her saying she had been to see a friend in Rotten-row, though it is not in my memorandum; I put down what I thought necessary to refresh my memory - I put down O'Brien's name to go to the hospital, to see her, but the people from Rotten-row had been to the watch-house.
ELLEN O'BRIEN . I have been assistant-nurse at Bartholomew-hospital, and live in George-yard, Golden-lane. I have known the prisoner three or four years; I did not see her on the 3rd of December, nor walk with her in Finsbury-square - I was not out of the hospital at all.
Cross-examined. Q. We have heard that she was kind, and fond of children? A. So she was - I never heard any thing bad of her; I had seen her on the Thursday at her landlord's - I have walked with her, but never in Finsbury-square.
MARY DUFFEY . I am the sister of Margaret Duffey . I saw the prisoner on the evening of the 3rd of December; as near as I can recollect, it wanted ten minutes or a quarter to nine o'clock; I came in from work at half-past eight, and had not been in very long before she came home - I saw her standing on the step of her door; I was at our door - I did not see her come home: I asked her where she had left my sister - she said she took her into Hartshorn-court, in Whitecross-street; I asked why she did not bring her back - she said she wanted to go into Old-street, and took her into Old-street; I said if she took her there she must have made away with her - she made use of a very bad word, and called me a bl-y liar; I said when my mother came back she would give her in charge - (she had gone to look for my sister;) she said she did not care about going to the station-house, for she had got a sovereign in her pocket, to keep her till she came out.
COURT. Q. Did you see your sister before she went out? A. Yes; she had a dark coloured stuff frock on - I think she had her shoes on; she wore no stockings nor bonnet; I saw her shoes on at five minutes to two o'clock, when I went to work.
Cross-examined by MR. CLARKSON. Q. Were you at home from two to five o'clock? A. No, I went to work; I usually return at half-past eight o'clock; the officer took the prisoner about a quarter of an hour after I had the conversation with her - I do not know how long it was: she remained at her door till then - there are a great many little turnings about Hartshorn-court.
BRIDGET MURRAY . I live at No. 7, Broad Arrow-court. I remember the night the child was missing - I saw the prisoner that night about a quarter to nine o'clock- I came out of the court when I heard the child's mother crying; the prisoner was standing at her door - I heard Mary Duffey ask the prisoner where she had left the child- she said in Hartshorn-court; before that I told her it was a shame for her not to tell where the child was, that the parents might go and look for her; she then said she had not taken her out of the house; I heard her tell Mary Duffey she had left her in Hartshorn-court; ill words had passed between them before that - I did not hear her mention Old-street; I heard all that passed between them - I went with the mother and Mr. and Mrs. Jennings to the station-house, and returned; I afterwards saw the child dead at the station-house.
JOHN SMITH . I am an apothecary, and live in Banner-street, directly opposite Payne's-buildings. On Saturday, the 3rd of December, a dead child was brought to my shop by Sookers; as far as I can remember, it was between nine and ten o'clock - I should think between half-past nine and ten; I examined it in a very cursory way - the shop was surrounded by a mob; the man said he had found a dead child in a privy - I felt it, and said it must have been dead for some little time, and we could do nothing to recover it, he had better take it to the station, till the parents were found; I should think it had been dead an hour or an hour and a half, but that opinion can only be formed by circumstances - its legs and arms were uncovered, and, of course, cold; I form my opinion from the degree of coldness of the body - it was comparatively uncovered, except the frock; it was not quite cold - it struck me it had been dead about that time; it depends on the temperature of the air, as to the time it would take to cool- being in a cold exposed place would make a difference of perhaps an hour, and if she had been walking all the evening in the cold air, she would cool sooner,
Q. Can you form any decided opinion that the child had been dead more than half an hour? A. I could not.
Cross-examined. Q. If a person died a natural death in bed, would it not take longer to cool than if exposed? A. Certainly; I have stated the time I saw it, as far as I can judge, from circumstances, and cannot tell nearer than that.
MR. ADOLPHUS. Q. Was it half-past nine o'clock at least? A. To the best of my recollection, but I do not swear that.
Q. Could you be mistaken a full hour in your calculation? A. I might be very easily mistaken; I examined the back part of the neck; I found stains - discolorations as if some violence had been applied - marks of violence, and the jaws were very firmly clenched; I saw it again between twelve and one o'clock the same night, and made a further inspection, but found no alteration - I then examined the whole body; I did not strip it before - the parents objected to a post mortem examination at the time; I am not quite certain whether it had shoes or stockings on - I think it had shoes on without stockings; that is more conjecture - I should think the heat of the body was 70° at the second examination: I saw it again on the Tuesday morning, before the Coroner sat - it was then stripped: I and other surgeous examined it - it was opened; the vessels of the brain appeared exceedingley turgid, from excess of blood deposited there - on the spinal chord I observed nothing more than ordinary: the stomach appeared to have carried on its healthy action up to the time of death - there was a small quantity of vegetable food, which resembled potatoes, in the stomach, which had been received into it recently before death; the mouth opened easily then, the tongue pretruded, and was indented by the upper and lower teeth - I discovered a bruise on the inner side on the fore-arm, a discoloration, that must have occurred during life.
Q. Did you observe the marks you had before noticed on the neck? A. I did; I could not distinguish how many there were - there appeared to be more on the left side of the neck than the right; there was a mark on the right and more on the left - these marks might be produced by the fingers and thumb strongly pressed on that part, and from the appearance of the neck, the teeth being clenched, and the mark on the side of the arm, the state of the stomach, and the blood on the brain, I conclude the child died by unnatural means, that is from suffocation.
Cross-examined. Q. What time elapses between the death of a person and the coldness of the body? A. That depends on the circumstances; it would be a much longer time cooling than in a case of natural death - it might take four, five, or six hours; it depends on circumstances, and the situation where the person died - if exposed to cold when alive, and then remaining in the privy, it might be five or six hours becoming cold; it might take an hour or two longer if the person was under shelter - I guesed the degree of heat by applying my hand, and may be mistaken; blood heat is 98° - a body would be about two hours losing 18°; when I saw it at midnight it might have become stiffer, but I did not direct my attention to that - the marks were most apparent at the back and side of the neck; I suppose violence had been applied by pressure at the back of the neck, and not blows, by the hand grasping the back of the neck, not in front; one hand might be placed at the back of the neck, and the other on the mouth, without there being any marks on the throat or front of the neck; if there had been any blows we should have found traces underneath - I did not myself operate on the body; Mr. Rance and Mr. Brookes did.
MR. ADOLPHUS. Q. You have spoken of pressure behind the neck, and a hand on the mouth, were the appearances consistent with that supposition? A. They were - if the hand had been applied to the threat there would have been marks in front.
COURT. Q. What length of time would it take to destroy the life of such a child by pressing the back of the neck and holding its month? A. If the passage of air was intercepted death might occur in four or five minutes; the general appearances of the child were healthy - I noticed a patch on the stomach, but as the gastric juice acts on the stomach after death, I thought nothing of that, as there was time for it to have been caused.
THOMAS FRANCIS RANCE. I am a surgeon, and live in the City-road. On the 6th of December I went with Mr. Brookes to examine the body - the weather at that time was extremely hot, and the air very humaid, so that decomposition was very rapidly taking place; these was discoloration over nearly the whole surface of the body; on examining it internally, there was a small mark, as if arising from pressure on the left fore-arm, but owing to the great discoloration, and the decomposition, I would not take on myself to say: there was no other violent appearance on the surface of the body - the tongue prosuded through the teeth, which were firmly closed upon it, and indented it, making marks on the tongue; the muscles of the body were rigid and firm, except those of the neck, which were in a very flaccid state; I assisted Mr. Brookes, who opened the body, and observed in the abdomen the viscera contents in a state of perfect health, commencing at the lower part of the abdomen: we found the bladder was empty; the intestines contained scarcely any solid matter, but gas - the stomach was in a healthy state, and it appeared digestion was going on at the time of death; the stomach contained a small portion of food, with two or three pieces of potatoes; the thorax or chest were examined - the lungs were collapsed, which proves the last act of respiration must have been an expiration; the heart appeared healthy, but nearly void of blood - on opening the right auricle a small quantity of blood was in it, and on dividing the pulmonary veins a small quantity of blood issued from them - we next examined the vessels of the neck; the cellular membrane contained a little serous fluid - on dividing the jugular veins a considerable quantity of fluid blood escaped; we then examined the head - we found no external marks of violence on the scalp, and no fracture, but on removing the bones the blood vessels of the brain were very much distended, and in a state of turgescence; there was no appearance of a rupture of any vessel, nor any deposition of fluid in the ventrical of the brain.
Q. In dividing the vessels of the neck some fluid blood escaped, and the integuments were in a flaceid state? A. Yes - my opinion is, there must have been considerable pressure on the neck; I should state, that on removing the bandage tied round the head, a considerable quantity of serous fluid, slightly tinged with blood, escaped from the nostrils; the further examination of the neck was conducted by Mr. Whittell - there was no appearance of fracture; the impression on my mind is, that death was occasioned most probably by external pressure - the internal part of the windpipe was examined, and nothing
Q. Suffocation by pressure? A. Yes - I should think five minutes would be nearly the extent of time required to destroy the child's life by pressure, but it has been said it has been done in half a minute.
WILLIAM BROOKES . I am surgeon of St. Luke's. I have heard the evidence of Mr. Rance, and was with him at the post-mortem examination; he has clearly stated the facts which occurred; I agree with him in the conclusion he has drawn; but I certainly think no reasonable man could entertain a doubt that the child came by its death by unnatural means; I have had very extensive opportunities of opening bodies, and never opened one more generally healthy in my life; the tongue was very deeply indented, as if considerable violence had been used; the marks on the back of the neck certainly indicated that some force had been applied; I should say death was caused by suffocation - by pressure on the vessels, which were not able to return the blood to the heart; four or five minutes would destroy a child's life in that way.
MARTIN LEE . On the 3rd of December, the Policeman brought the prisoner to my house; I had not seen her there that day till then; she could not have come into my room unknown to me, for I was on a sick bed.
Prisoner. I am innocent. NOT GUILTY .
First London Jury, before Mr. Recorder.
WILLIAM CHARLES MABERLY . I am a mariner , and live in Griffin-street, Shadwell. On the 23rd of December, about five o'clock in the evening, I was in Skinner-street, Snow-hill , and had a silk handkerchief in my outside coat pocket; Alderson gave me information - I felt and missed it; I had not seen the prisoner till he had been in custody.
DAVID GEORGE ALDERSON . I am an officer of Marylebone. On the 23rd of December, about a quarter to five o'clock, I saw the prisoner in Skinner-street with another person; Maberly had a female holding his arm - I saw the prisoner with his companion go close behind Maberly, and by the light of a shop window I saw the prisoner put his hand into Maberly's pocket, and take out this handkerchief; I told my brother officer the little one had taken it out (the other was taller than him); I went one way round a cart, and my brother officer the other - I saw him take the prisoner, and take the handkerchief off the ground; I had seen it go on the ground just as he laid hold of the prisoner - it appeared to drop from him - I went after the other, but lost him; Maberly claimed the handkerchief by its not being hemmed by a woman; the prisoner had another handkerchief on his neck, - he said "That is mine, it is not marked;" and it was marked.(Property produced and sworn to.)
Prisoner. The gentleman laid hold of a bricklayer at first, and said, "I have got you;" he then let him go, and took me - he took the handkerchief, and said "I saw you drop it. I will swear it." Witness. I am certain I saw him take it from the pocket.
GUILTY . Aged 20. - Transported for Life .
JAMES PRICE. I live at No. 16, Colyer-street, Pentonville, and am now out of business . I saw an advertisement in the Morning Advertiser, for a number of travellers to vend an article of universal consumption, and that the most possitive security would be required; I wrote an answer to it according to the direction, to L. P. F. C., Peel's Coffee-house, and in consequence of that letter, I afterwards saw the prisoner at No. 32, St. Mary-at-hill , at a warehouse. which was represented to be his; this was about the 30th of August - I told him I had come in consequence of the advertisement; he told me the article to be travelled with, was pickled fish of various descriptions - there was a sample of salmon on the counting-house table, he asked me to taste it, which I did, and said it was very fine; I said, "Well, what are your terms?" he said, "We allow a commission of 7 1/2 per cent. and travelling expences, but we shall want a reference;" and I said I should require one - he referred me to Mr. Minithorpe - I was satisfied with the reference, and entered into an engagement, which was prepared by Mr. Minithorpe, and on the 15th of September was finally concluded; it was reduced to writing, and is here - we each signed the agreement in Mr Minithorpe's presence; I passed over a 50l. hill as security for my trust and rendering my accounts punctual and regular, as specified in the agreement - I have the bill here; I saw it again last Thursday; the warehouse has been shut up since October - I never could find any business to do; the bill was presented for payment, and taken up - I never received any value for it; it was paid at my father-in-law's, No, 31, Polygon, Somers'-town - the receipt on the back is signed "Henry Myers;" I do not know him - I attended regularly at the warehouse from day to day, and was repeatedly ordered to prepare to go a journey; this is the agreement - (looking at it.)
The bill being read was drawn by James Price on T. Talbot, Esq., No. 3, Polygon, Somers'-town, endorsed J. H. Brown, John Walker, and several others - the agreement was entered into in the name of William Earle , on behalf of himself and other proprietors of the London Pickle Fish Company, engaging the prosecutor as traveller and accountant to that company in the counties of Derby, Leicester, Nottingham, and Warwickshire - allowing him 7 per cent. on all orders obtained, as their agent, and acknowledging the receipt of the 50l. bill, as a security - all orders to be supplied on his own responsibility: it was witnessed by William Minithorpe.
JAMES PRICE . I left the 50l. bill in consequence of that agreement; I never saw any of the company besides the prisoner, nor any body pretending to belong to it - I saw a gentleman named Brown; there was a little stock in the warehouse, but it was thrown away in a few days - they could not get it pickled - the salmon was put in a
Prisoner. Q. Who did you see in answer to the advertisement? A. I received a letter three or four days after answering it, and went to Peels', and saw a strange gentleman, who referred me to St. Mary-hill - I have seen that person many times since - he is now out of the way; after the agreement was signed, Brown said he was about going into partnership with Earle; I took the prisoner up on the 18th of October, to the Mansion-house; I called with Brown on Mr. Tibbets, my brother-in-law, in Austin-friar's, as there was a suspicion of the bill being genuine; I never knew it was in Brown's hands to negociate - it was taken there to know if it was genuine; I saw Brown in October, when the prisoner was discharged from the Mansion-house for want of the bill being produced; I never saw Brown till he referred me to the prisoner.
Q. Were not you and Brown negociating to take the business into your hands, and supplant me? A. I know nothing whatever of the circumstance; I have been at great pains and expence to find Brown, to place him with the prisoner; he came to the Mansion-house voluntarily to clear himself; one sample of salmon was produced, and after a short time taken away; I was once allowed to take one pot of salmon for my own use.
COURT. Q. Where was the stock? A. That was to be brought from Ireland - he represented that he had a right of fishery there.
Prisoner. Q. Had you any circulars printed for your use? A. Not for my use; as I understood I was going a journey in a few days I put five hundred circulars into the hands of a commercial friend to distribute; I have a few of them here - there were two or three thousand about the premises.
Q. When did you first complain to me about the bill? A. I could not see him for a fortnight, nor find his residence; I took him up about the 15th of October, but the bill not being due we could not produce it, and he was discharged; he gave me an order on Brown for the bill, but since he was at the Mansion-house, I have lost sight of Brown; I gave Mr. Walker notice on the 6th of October, that the bill was only lodged as a security.
JOHN WALKER . I live in Allen-street, Lambeth, and am an oven-builder. I know the prisoner, since I commenced building an oven for him, at St. Mary-at-hill, to pickle fish in; I received the bill from John Henry Brown , this is it, (looking at it) - I received it for building the oven, which I agreed with Earle about; the balance was 2l. 13s. 6d. more - I knew nothing of Brown before: the last time I saw him was at the Mansion-house, where I attended respecting this bill, before it was due.
Prisoner. Q. Will you explain what passed between you and Brown, when he put the bill into your hands? A. I was to have had half my account in money, and half in two months - I could not get the money; I left town, and left my foreman to settle it - this bill was handed over to him; Brown said, "I will endorse this bill over to you if you will give me 20l. out of it" - I was glad to get any security, and said I would, if he would agree to give me good security, but his security was not what I wished, and I kept the bill, as I found it was a very good one; Brown wished to get it back - I would not give it up, and he said, "If you will arrest Earle, and get him out of the company, I will come forward with my friends;" the prisoner gave orders for the oven on the 24th of August, and Brown ordered some additions to it - they pickled a few pots in it; I tasted it - I think I saw about two dozen pots.
WILLIAM MINITHORPE . I am a solicitor, and drew this agreement. I know the Act of Parliament about joint stock companies; allow me to say that on the 11th of August, the draft of a lease for very considerable premises at the bottom of Gray's-inn-lane, was sent to us for perusal, and on the 15th of August I saw the prisoner - his statement to me was, that he had fishing in Ireland, for nearly one thousand years, and there was a proposal, on his part, to dispose of a secret for curing fish, with the fishery, and the lease of the premises at St. Mary-at-hill, to twenty persons, and the prisoner was to receive an annuity of 2000l. for twenty years - on the 7th of August he saw me respecting a meeting which he said was to be held between himself, and a person named Gage, and others, on the 18th; he saw me respecting the party, and on the 22nd, he said the meeting was postponed; he continued from time to time to make that statement.
Q. Have you seen any thing of the company from that time to this? A. I have not - I have been on the premises at St. Mary-at-hill - they were closed early in October.
Prisoner. Q. What did you understand by the bill being deposited in my hands, was it to be negociated or not? A. It was handed over in my presence, on the terms of the agreement, as a security - Brown was present; I do not know where he is now.
JOHN SHEPHERD . I am a Policeman. I apprehended the prisoner on the 20th of December, in Goswell-street -I asked his name; he said Williams - I told him what I took him for; that was not this charge - he said he had come to town for the purpose of settling it.
Prisoner's Defence. The fact is as Mr. Mimthorpe states, with regard to forming the company, but that not being effected I entered into an arrangement with Brown and Mr. William Brown , who were to be my partners, and to advance the capital - they took the premises, and I was called on as a party to the agreement - there was not a single expenditure in the establishment that was not paid for as it was done; Brown inserted the advertisement, and met Price at Peel's, where they negociated the business, and he was referred to me at St. Mary-at-hill - I confidently assert that all the negociation was between Brown and Price - I was merely called in to carry their arrangements into effect; Price and Brown were constantly in contact with each other - Price knows a disagreement took place between me and Brown, and it is a couspiracy on their part against me, but I humbly submit he has not shown that I negociated the bill; for the mere transfer of it from my hands to my partner's, I imagine, will not make me liable to criminal proceedings - I hope I have yet to learn that one partner is answerable for the criminal conduct of another; within five minutes of my receiving the bill it was in Brown's hands, and I believe in two days it was put in circulation; inquiry was made of Mr. Tibbets, of Austin-friars, and he spoke so bad of Price that Brown applied to me to terminate the engagement - I directed him to give the bill back to Price, and from that time they endeavoured
HENRY ALFRED BROWN . I am a broker, of the City. I was called to prove a partnership, executed between Earle and Brown; my father is the freeholder of the premises on St. Mary-at-hill - I manage his affairs; I was applied to by John Henry Brown, in August last, respecting the premises.
COURT. Q. Have you received any rent? A. I distrained for it, and found some pottery, value 60l., which had been sent in that morning by Mr. Bernall - I distrained for 6l. 10s., half a quarter's sent; I never knew them do any business, or of any bona fide establishment being there - I knew nobody but Brown and Earle; I could not get the rent - I have got Brown to give me up the premises; the pottery was brought to the premises that morning, and was being taken away, when I distrained and stopped it.
GUILTY . Aged 50. - Transported for Seven Years .
JABEZ WOODHILL . I am a jeweller , and live in St. Paul's church-yard . I first saw the prisoner about the 27th of September, when he came with a customer of mine, and from what passed between them I supposed they were on friendly terms; the prisoner called a day or two after, and looked at a brooch which he had seen before, and asked me to let him take it to show a lady, a friend of his wife's, which I did - he returned in a day or two, and said the lady would keep it, and if she did not pay for it he would; he did not give her name - on the 5th or 6th of October he called to look at some gold chains, and chose one; he said he would take it to show his wife, and if she approved of it he would call and give me a cheque for it in a few days - as he did not call, I sent my boy to No. 20, Finsbury-place, where he lodged; he was not found there - Heaton afterwards brought the chain to my shop, but I did not see the prisoner again till he was in custody; the price was mentioned to him, but I merely lent it to him to show his wife - it was worth 7l.
Prisoner. I came to look at a brooch with Mr. Thurnell. Witness. You bought one of my shopman - it was never paid for; it is entered in the book, but the chain I merely delivered to be shown - I mentioned the price as nine guineas, but you never said you would keep it; I believe you were to return it that night, or next morning.
Q. But if it was approved of, you were to charge it to me? A. No - I could not tell whether you would keep it till you called to tell me; I called about the 9th of October, and found you had left your lodgings.
WILLIAM WARRE . I am a pawnbroker. On the 27th of October this chain was pawned with me, in the name of John Gray , Wardrobe-terrace, for four guineas - I cannot say who by; I think it was late in the evening, by the entry - it was redeemed on the 4th or 7th of November, by Mr. Heaton; I cannot say whether the chain produced is the same - I have no recollection of the prisoner.
JOHN HENRY HEATON . My father lives at Doncaster. I have an appointment as surgeon in the East India Company's service, and lodge in Hatton-garden; I have known the prisoner about five months, but not for the last two months - I lent him several sums at different times; he wanted a further loan, and in October placed in my hand the duplicate of this chain, among others - I redeemed it.
Prisoner. Q. Did I not, on my discharge from the Mansion-house, give you an order on a lady to receive some duplicate? A. Yes, this was one of them.
Prisoner's Defence. It was a bona fide transaction - I made a purchase of it conditionally.
JONAH DEAN . I live in Webber-row, Waterloo-road; I was a linen-draper, but was unfortunate in business - I never failed; I am now agent to a house at Manchester. Mr. Earle requested me to call on Mr. Woodhill, which I did, and asked what Earle's account was; he said he had got a great many things back - I said, "Will you be satisfied not to appear against Mr. Earle if you are paid, as he has married the daughter of a Member of Parliament?" Mr. Woodhill said, "If you, or any body, will come forward and pay for the goods, I will not appear at the Mansion-house."
MR. WOODHILL. I never said I would let him go free if he paid the money.
NOT GUILTY .
NEW COURT. SATURDAY, JANUARY 7.
Fourth Middlesex Jury, before Mr. Common Sergeant.
MARY BRYANT . I am servant to Mr. Leigh, of Regent-street. The prisoner brought a bonnet for Mrs. Leigh on the 17th of December; I took it up to Mrs. Leigh to see if it was right - there was a waistcoat hanging on the balustrade, which I had taken in from the tailor a few minutes before: I left the bonnet with Mrs. Leigh, brought the basket down, and gave it to the prisoner - when he was gone I missed the waistcoat; we found the prisoner in Christchurch-passage, Newgate-street - the prisoner let me in there; his mistress showed me the waistcoat, and called him up from the kitchen - Mr. Leigh gave him in charge.
The prisoner received a good character, and his mistress engaged to take him back.
GUILTY. Aged 12.
Recommended to Mercy . - Fined 1s. and Discharged.
The indictment stating it to be the monies of his master, she was ACQUITTED .
John Gadsden .
EDWARD BROWN. I am a clerk to John Gadsden, of Oxford-street , cheesemonger . On the evening of the 3rd of December, between six and seven o'clock, I missed a ham from the board in front of his window - this is it; I know it by a mark on it.
THOMAS THOMAS . I am a Policeman. On the evening of the 3rd of December I was on duty in Oxford-street, and heard an alarm; I ran to Duke-street, saw the prisoner running, and pursued him to Henrietta-street - he was carrying something before him, but I could not see what; I overtook him in Bird-street - he dropped something in a cloth, which proved to be this ham.
GUILTY . Aged 20. - Transported for Seven Years .
406. MARY ANN DOUGHTY was indicted for feloniously receiving, on the 8th of December , of a certain evil-disposed person, 1 handkerchief, value 2s. 6d., the goods of Ann Harling , well knowing it to have been stolen .
ANN HARLING . I live in Well-street, Hackney, and take in washing . On the 8th of December I missed a silk handkerchief, and on the following Saturday I missed two more - I charged my son with taking them, and in consequence of what he said I went to the prisoner's house; I told her my boy had informed me he had brought her three silk handkerchiefs, which she had purchased at different times, and given him to the amount of 4s. for - she said,"Not me, I am sure;" I said the boy had informed me she had, and they were not mine - I must have to pay for them if I could not get them; she then said she had sold them to somestrange young men, whom she never saw before, and I could not have them - I went away, and inquired for Mr. Bright; the prisoner followed me, and said, "This is where my father lives;" she asked Mr. Bright if he remembered the handkerchief she had sold to the strange young man; he said he remembered nothing of it - I told him I had lost the handkerchief; he said he knew nothing at all of them: I then took my son to the prisoner's house - she said she had purchased them of him, given him 4s. for them, and he had told her he had found them; I took the boy to the officer, and the prisoner was taken: the handkerchiefs are here - the marks have been picked out of two of them, and the other, I think, is marked G. S. E.; I lost such a handkerchief.
Cross-examined by MR. PHILLIPS. Q. How old is your son? A. Nearly sixteen; I have never had any money from the prisoner's father; a sovereign was offered, and they wanted me to take the boy away - Bateman got the money, but I have never had it; I never took a sovereign - my son has been out of employ since his father's death.
RICHARD HARLING . I am the son of Ann Harling. I stole three handkerchiefs from my mother, and took them to the prisoner in Morning-lane , one at a time; I do not know what marks were on them - I first went to her house with another boy; I did not go in at first - I stood against the door while he went in, and held the latch in my hand; the prisoner asked me to go in - I went in, and shut the door; I saw them smoking - there were her two sons, (who are bigger than me,) her husband, the boy who went in, her daughter, and a child; after I had been in a little while the prisoner and all of them got talking about stealing, and said if they saw a gentleman hanging up in a forest in his clothes, and he had a gold watch in his pocket, if he was rotten they would not mind taking the watch, but if he had any halfpence in his pocket, they would not have the heart to take them out; then they were talking about stealing, and the prisoner asked me if I could steal any thing - I told her I did not know; I thought I could; and then I went home to see whether I could - I had not stolen any thing before; I went back to her, told her I could, and she told me to take her any thing I could steal - I said I thought I could steal some silk handkerchiefs, and she told me to take her one; and the next morning I took her one; that was on a Tuesday - she gave me 1s. 6d. for it, and told me to take another as soon as I could - I should know the handkerchief again; this is it- she did not pay the money at the moment; she had not got it - she said she would take it to her father, Mr. Bright, and see if he would have it; she took it, and brought me back 1s, in silver, and 6d. in copper - I spent the money in her house; I fetched some beer and gin, and bread and cheese - I told her I had stolen the handkerchief, and it was what my mother had to wash; there was another boy inside, and he gave me 6d to bring some bread and cheese - I bought some tobacco, and after we had had the refreshment I had 2d. left.
Cross-examined. Q. It was a very wicked thing of this woman, was it not? A. Yes; I had been accused of stealing before - I had stolen a sovereign from my mother; John Fulbrook is here - he was not with me when I sold the first handkerchief; I never took any handkerchiefs but those three - I did sell one to a boy: it was not one of these three - I found that in Grove-street-fields; I never offered to sell a handkerchief to any body else - no one ever refused to buy one of me; I never offered any man a handkerchief for sale.
Q. Now, I have Fulbrook here, did you ever ask him if he was coming up on the trial, and tell him to say the same thing that you were going to say? A. Yes; he told me what he was going to say, and I said, "Say what you said you should say;" I did not tell him to say nothing but as I said it: I never was in gaol, and never was in the House of Correction - I offered a silk handkerchief to William Hunter , and declared to him I found it; I never told him I had been taken up for stealing apples, and had been in the House of Correction; I got in Hunter's cart, but I did not say, as we passed the House of Correction, that I was in there for stealing apples, nor that I was at the tread-mill; I did not tell him I was obliged to sleep in carts and sheds - I said I had done so: that was when I was going to Bromley with Fulbrook - I did not beg Mr. Hunter, for God's sake, not to come against me, as he knew so much of me; I said he had no call to come, but when he said he was obliged to come I did not say so - I did not tell him I should be transported if he came - I had no reason for telling him to keep away.
JOHN BEDFORD . I am an inspector of Police. I went to the prisoner on the subject of this charge - I got the handkerchiefs from a person whom she sent out of the house for them - they were not produced in her presence; these are them.
WILLIAM HUNTER . I know Richard Harling by sight - I have spoken two or three words to him, but not had much conversation with him; he told me he had a silk handkerchief for sale the day he was in my cart, which he said he found - I cannot tell when it was; he came to me while I was serving my customers, and said, "I hear you are going up against me;" I said, "I am sure I don't know;" he burst out crying, and said, "For God's sake, don't go, you will get me transported;" I have known him about two months - from what I know of him I would not believe him on his oath.
COURT. Q. When did it occur to you that you would not believe him? A. Because I have caught him out in a good many lies - I am a greengrocer.
NOT GUILTY .
RICHARD HARLING . I took a second handkerchief to the prisoner on Wednesday, the day after the first; she gave me 6d. for it - this is it; she told me it was not a good one, she could not get more for it - I laid out the 6d., and bought a pint and a half of beer, and 5 lbs. of potatoes - we drank the beer between us; there was the prisoner, her two sons, her daughter, and I - I received nothing else for the handkerchief; she took it out, and brought me the 6d. back - she told me she sold it to a young man in the street, and asked 1s. for it, but he would not give more than 6d. for it; she went towards her father's, and was gone about a quarter of an hour - I had stolen the handkerchief from my mother; I gave it to the prisoner - she took it, and said, "That is right," and then she took it out; I had my dinner there, a herring and some potatoes; I never went up stairs - there is only one room on the ground floor; I did not see her husband that day - I do not know how old her daughter is; she is married, and, I believe, she was present the day before, when the conversation took place about taking the man's watch who was hanging in the forest - Fulbrook, who went with me the first time, is here.
JOHN FULBROOK . I live in Morning-lane, Hackney , and am a cow-keeper, in the service of Mr. Bond. Mr. Bright told me to come here to-day about this case; I was standing at the prisoner's door, when Richard Harling came to me, and said he had a nice silk handkerchief to sell - I asked where he got it; he said he found it - I went into the prisoner's house; he came in, and asked the prisoner if she would buy a nice silk handkerchief - she said she did not want one; he showed it her - she asked what he wanted for it; he said 3s. - she said she had no money, but she could get it; he said, "Get what you can;" she went out, and brought in 2s. - I did not introduce him to the prisoner; I went to her house one day, when he was sitting there drinking gin - I was never present when any conversation took place about thieving; I never heard any conversation about a man hanging in a forest with a watch in his pocket - they were talking, but I do not recollect about what; I was a neighbour, and used to go into the house - when he offered the prisoner the handkerchief for 3s., he said his mother had a box at home, with silver spoons and money in it, and if she liked he would bring it to her; she said, "For God's sake boy, don't do any such thing;" that is all that I heard pass.
Q. Now, on your solemn oath, do you mean to state, that in your presence, no conversation took place respecting a man having a watch in his pocket? A. No, and no conversation took place about thieving.
Cross-examined. Q. Are you quite certain when he offered the handkerchief, that he said it was one he had found? A. Yes - there is not a word of truth in the statement of the prisoner desiring him to go and steal any thing from his mother, nor did she say if a man was hanging in a tree with a gold watch in his pocket, she would take the watch, but if there were any halfpence she would not take them.
RICHARD HARLING re-examined. Q. Is this the boy who was present when the conversation took place about the watch in the man's pocket? A. Yes.
Cross-examined. Q. Who were present at this conversation? A. Her husband, her son, Fulbrook, her daughter, and the child; Fulbrook was there listening to the conversation about the watch in the man's pocket; my mother had some silver spoons at home in a box - I do not know whether she had any more silver, nor whether there was any money in the box - I never looked at that time; I had looked into it last winter - that was the first time I looked at it, and then I stole a sovereign out; I proposed to the prisoner to go and steal some silver out of that box, and she said, "For God's sake, don't take the box, but bring what is in it if you can get it;" she did not give me a reason for not taking the box; I do not know whether Fulbrook was present at the time, nor whether her daughter and her husband were listening - I will not swear that Fulbrook was not there; I never was accused of stealing any thing but what I mentioned in the last trial - I was accused of stealing a loaf of bread - that was after I stole the sovereign.
NOT GUILTY .
JURY. We cannot believe the evidence.
NOT GUILTY .
409. JOSEPH JOHNSON was indicted for stealing, on the 9th of December , 1 reticule, value 6d.; 7 sovereigns, 4 half crowns, 14 shillings, and 5 sixpences, the property of William Fisher , from the person of Elizabeth his wife .
ELIZABETH FISHER . I am the wife of William Fisher , who is a solicitor . I was going up Kentish-town on the 9th of December, about twelve o'clock in the day - I was between Holly-terrace-gate and the Fox, public-house; I saw the prisoner behind me - he passed me and snatched my reticule from my hand; there were seven sovereigns in it, and some silver, making up 8l. 4s. 6d. - he ran off; I pursued, and gave an alarm; a man came out of the Fox and stopped him - I had not lost sight of him; I saw him throw away my reticule, and I got it again.
The prisoner pleaded poverty, and received an excellent character.
GUILTY. Aged 33.
Recommended to Mercy . - Confined Six Months .
Before Mr. Sergeant Arabin.
CATHARINE BUTLER . I am servant to the Reverend William Kueper , of Lower Eaton-street, Grosvenor-square . On the 17th of December the prisoner came about a quarter-past five o'clock in the evening (he had called several times before for relief); he brought a letter, which I took up stairs to my master, leaving him in the hall; my master desired me to take the note down again, saying he was to take it to Baron Ompteda; the prisoner urged me to take it up again to my master, which I did; I came down again in a minute, and heard the door slammed too; I came down and looked out, but the prisoner was not in the street; I then looked into the parlour, but did not miss any thing; my master came down, and we missed a time-piece off the mantel-piece, and a blue cloth cloak from the hall; I had seen them safe when I opened the door to the prisoner - he had been there on the Saturday before, and my master gave him five shillings.
REV. WILLIAM KUEPER. I recollect the servant bringing me the note addressed to the Baron Ompteda, and the prisoner requested me to deliver it to him - he had been with me the day before; I told him if he would bring me a line from any respectable person, I would attend to it, instead of which he came in the morning while I was attending duty as Chaplian of the King's German Chapel; I was angry with him for coming at that time; he came again in the evening, and brought this letter, which I sent down again - the servant brought it up again, and I took it.
Prisoner. Q. Did you not tell me to bring you some certificates? A. Yes - I understand he has been a corporal in the army - he says he is a Hanovarian.
Prisoner's Defence. I was ashamed to go to church, and I called on Mr. Kueper; he asked if I had written to the Baron, and as he said he was going to Brighton, I wrote the letter, and brought it in the evening, as I understood the Baron was gone there.
GUILTY. Aged 24.
Recommended to Mercy by the Prosecutor.
Judgment Respited .
HENRY FLOWER FENNER . I keep a clothes-shop in Somers'-town . On the 5th of December, at half-past five o'clock in the evening, the prisoner came and took a pair of trousers from my door; I pursued, and took him in a dark court contiguous to my house - he was then taking the mark off the trousers; he said, "Pray don't, I am very sorry."
ABRABAM HAM . I am street-keeper of Coleman-street ward. I have a certificate of the prisoner's conviction, which I got from Mr. Clark's office - I was a witness on his trial, and know he is the man - (read).
GUILTY . Aged 45. - Transported for 14 Years .
JOSEPH COALES, JUN. I live with my father, Joseph Coales, a smith , who lives in Turner-street . The prisoner had been some time in our employ, and five or six weeks before, we missed a number of articles; among others a stock, a tap, and a pair of dies.
JOHN HODGES . I am a Policeman. I heard of this, and took the prisoner - I found a box of skeleton and picklock-keys at his uncle's, in Coppice-row, and among them was the duplicate of these articles.
DANIEL MERTON . I am a smith, and live in Onslow-street. The prisoner brought these things to my shop, to do a job on my own account - he afterwards said they were his own, and asked me to buy them of him; I asked what he wanted for them - he said I should have them for a crown; he afterwards came again - I bought the duplicate of him, but it appears he stole the duplicate from me again - he bore a good character.(Property produced and sworn to.)
Prisoner's Defence. I borrowed the things of his mother, who is my aunt; I asked her for 1s. - she said she had not got one, but I might take these things, and she would get them out.
GUILTY. Aged 19.
Recommended to Mercy by the Jury .
Fined One Shilling , and Discharged.
412. CHARLOTTE GRANTHAM was indicted for stealing, on the 14th of December , 5 quarts of wine, value 4s.; 5 bottles, value 1s.; 1 spoon, value 1s.; 2 yards of flannel, value 2s.; 1 pair of gloves, value 6d.; 1 towel, value 6d., and 1 sugar-basin, value 2d., the goods of George Landgridge Williams , her master .
GEORGE LANGRIDGE WILLIAMS . I live in Church cottage, New-road . The prisoner was my servant - she came on the 15th of October, and lived with us two months - we missed a great number of articles, and gave her notice to quit the night previous to her going away; I said,"We must search her boxes," and on the next day I wentJames Sheen (see Fourth Day), and he had drank it by the quart, but she had none of it - I desired to see her box, and told her to go about her business; she took several things of mine out of her box - I then went to the station-house, to get a warrant to take Sheen; they advised me to go back and search her box again - the officer and I went back, and took the prisoner; we found a spoon and some children's things, a basin full of sugar, and some wine - I had the hogshead of wine guaged, and there were from ten to twelve gallons missing.
THOMAS ARNOLD . I am a Police-constable. I went with the prosecutor, and found in the box this silver teaspoon, this length of flannel, some tea, and some other things - in her band-box, I found a key, which opens Mr. Williams' recess, and the drawers where the linen was kept - I found five bottles of wine under her bed.(Property produced and sworn to.)
Prisoner. I know nothing of the wine.
GUILTY . Aged 24. - Transported for Fourteen Years .
THOMAS HOUGH . I live in Regent-street ; I keep an oil-shop, and sell clogs . On the 12th of December, about five minutes to eight o'clock in the evening, I missed these clogs; and in a few minutes the Police-officer came by with the prisoner, and these clogs, which are mine, and had been in my window.
JAMES BACON . I am a Policeman. I was on duty, and saw four boys together; I know Harrison was one - another officer was following them; they were not running then, but I saw Harrison throw one pair of clogs down -I followed them, and then took up another pair of clogs close by where the one pair had been thrown down.
ROBERT GOOSE . I am a Policeman. I was on duty at eight o'clock in the evening, and saw the three prisoners and another; I knew them - they turned, and saw me coming; Harrison turned down a street, and threw down a pair of clogs - the other two went on, and threw down a pair each; I took up one pair, and Brown took up two pairs - I knew the prisoners before; they are always together - this was on Tuesday; Harrison was taken that night - I took Fitzgerald on the Thursday, and Jerome on the Friday.(Property produced and sworn to.)
Harrison's Defence. Five minutes before eight o'clock I went home from selling some potatoes; my mother sent me out to pay a bill - I saw some boys; they threw something away - they ran off, and I ran too.
Fitzgerald put in a written Defence, stating that he was merely passing, and had no clogs in his possession.
Jerome's Defence. I was not out of the room till twenty minutes past seven o'clock; I then went on an errand, and returned in five minutes.
HARRISON - GUILTY . Aged 15.
FITZGERALD - GUILTY . Aged 14.
JEROME - GUILTY . Aged 14.
Transported for Seven Years .
JOHN JENNINGS. I work for Mr. Stamp, a baker . I had two half-crowns, five shillings, four sixpences, and 14d. in copper, in a box in the front kitchen, at his house in Frederick-street, Westminster - the prisoner was in the habit of baking potatoes to sell in the streets ; on the 13th of December, he came and took the potatoes down stairs - I was at the oven at the time, with my master's brother; my master called me to go about my business - I went and opened my box, took up a handkerchief, and this money fell out; I saw the prisoner coming towards the box - I asked what he wanted, and he went away; he afterwards came for the potatoes - he went down to look at them, and said they were not done; my master told him to come in a quarter of an hour - he came and had them; the Policeman afterwards took him - I had then missed my money and a handkerchief; the Policeman found all the silver, but not the halfpence on him.
JAMES BACON . I took the prisoner at the time he threw the clogs down; I found on him two half-crowns, five shillings, and four sixpences - on the following morning I gave him one of the sixpences; he said it was money which he had saved up for Christmas.
JOHN JENNINGS. One of the half-crowns has a mark on it, which I can swear to.
Prisoner's Defence. The money belonged to my mother, and she sent me to pay twelve shillings.
GUILTY . Aged 15. Transported for Seven Years, to commence from the expiration of the former Sentence .
WALTER WILLIAM COLLINSON . I am in the employ of Mr. George Mew, a silk-mercer , in High Holborn . The prisoner came between eight and nine o'clock in the evening on the 9th of December; a young man was showing her ribbons - she laid out 4d., which she paid; the young man turned his back to her, and I observed her put a pair of gloves under her shawl, under her arm - I observed her put a piece of ribbon in her bosom; I then saw her put her handkerchief on a piece of ribbon - I communicated this to my employer's representative; he went and spoke to her - she then found she could not take the handkerchief away, and said, "I believe I have a piece of ribbon of yours here, I did not intend to take it;" he then said,"You have got something else" - she said, "Upon my word I have not;" I said "You have, I saw you take it"- she still said she had not; I sent for the Policeman; she
Three witnesses gave the prisoner a good character.
GUILTY. Aged 17. - Judgment Respited .
GEORGE BIDDELL. I live with Mr. Philip Pearce , he keeps the Duke of York public-house, Gloucester-street, Clerkenwell . I saw the prisoner take these pots off the ground at a baker's shop, at the corner of Meredith-street ; I took him into my master's - I then went out again, brought in his hat, and there was another pot in it, belonging to another person - these three pots are my master's.
Prisoner's Defence. I was going to take them to his master's.
GUILTY . Aged 21. - Transported for Seven Years .
ROBERT McCREBER. I am a Thames Police-surveyor. On the 9th of December I was sent to watch a house kept by Larkins, a plumber, in Charles-street, Westminster ; and about a quarter-past twelve o'clock in the day, I saw the prisoner, who was a stranger to me, go into the shop, and come out again - in about eight minutes I saw him return with a roll of lead on his shoulder; I stopped him, and asked where he was going with it - he said to do a job for himself - I asked where, and he said,"I can't tell you;" I asked where he brought it from, and he said from Lambeth where he lived - I asked him again where he lived - he said, "I can't tell you;" I then took him into a public-house, marked the lead, and put it in the bar, while I took him in a boat to Westminster-bridge; this is the lead - there are 84 lbs. of it.
ANN ENSOR . I live in Charles-street, Westminster. I knew Mr. Larkins, he is a plumber; I had seen the prisoner go to his house before with lead of this description on his shoulder - on Friday, the 9th of December, I was in my shop, and saw him go by with Mr. Holroyd's cart; I did not see him go to Mr. Larkins' that day - the cart was standing nine doors lower down, and I saw the prisoner take a roll of lead out of it on his shoulders, and go towards Mr. Larkins; I saw the officer stop him.
Cross-examined by MR. PHILLIPS. Q. Larkin keeps a plumber's shop, and so does your husband, I believe, in the same street? A. Yes.
WILLIAM RICE HOLROYD . I am executing the plumbers' work at the State Paper-office . The prisoner has been for many years a labourer of mine, and was so on the 9th of December - this lead resembles mine; one piece was taken of this description - I missed this when the officer called my attention to it; it had been sent from my premises to the State Paper-office - I had purchased two sheets of milled lead a day or two before the merchants mark was on it, and there is a mark on this, but I did not see it on my own premises.
Cross-examined. Q. Is there any one from the State Paper-office here? A. Yes; it was Jubb who went with the waggon, not the prisoner.
WILLIAM STILWELL . I am clerk to Mr. Holroyd - the prisoner was a labourer employed at the State Paper-office, and Jubb was the carman. On the 9th of December four pieces of lead were loaded into the cart, which had come from Mr. Maltby's wharf; this piece appears to be one, but I could not swear to it when it has left the shop.
WILLIAM CRAIB . I am clerk of the works. I did not see the lead carted, but I remarked that in addition to the four pieces put into the scale, I put in some pipe; this has all the appearance of being one of the pieces - I did not miss any.
MR. HOLROYD. I have the invoice of the lead - a sheet of lead is very large, but this happens to be the end which has the mark No. 5,178, and the weight 12 cwt. 20 lbs. - I have no doubt it is mine.
Cross-examined. Q. Who gave you that invoice? A. Jubb brought it, I believe, when he brought the lead - I believe he is now in Newgate.
WILLIAM STILWELL. This invoice was given to me by his sister a day or two afterwards: he was in confinement.
Cross-examined. Q. Is the person here who took it? A. I really cannot tell - it was delivered to Mr. Holroyd's carman, and put into his cart; I examined the mark with the invoice.
COURT. Q. Are you quite sure, from the invoice, that the lead here described, was delivered to Mr. Holroyd's eart? A. Yes.
The prisoner received an excellent character.
GUILTY. Aged 49.
Recommended to Mercy - Confined One Year .
ELIZA ROGERS . On the 27th of December I was at Mr. Bennett's, who lives in Shoreditch, and keeps a pastry-cook's shop. At half-past six o'clock that evening I saw the prisoner loitering about his shop, and looking in - I was in the parlour; she came into the shop, took three pieces of cake, and went out - I ran after her, and took her with it; it was cake which we sold at 1s. a lb.
GUILTY . Aged 21. - Transported for Seven Years .
419. AMELIA LAMBERT was indicted for stealing, on the 26th of November , 1 bonnet, value 10s.; 1 poker, value 2s.; 1 shovel, value 2s.; 1 pair of tongs, value 2s., and 1 candlestick, value 1s., the goods of Ann Clark , her mistress .
ANN CLARK . I live in New Gravel-lane , and am an unfortunate girl. The prisoner had been my servant for five months - I keep a house, and paid her weekly wages; I have sent her to pawn my own apparel, but never allowed her to take any thing without my orders - I missed these fire-irons, and spoke to her about them; she begged my pardon, and said she had pawned them for 4s. - I then missed my bonnet; she begged my pardon about that - she gave up the duplicates to the officer.
JOSEPH PARKER . I am a pawnbroker. I have a bonnet, pawned on the 28th of October, the fire-irons on the 9th of November, and the candlesticks on the 26th, in the name of Clark; I knew the prisoner as a customer, but cannot say she pawned these - these are the duplicates I gave for them.(Property produced and sworn to.)
GUILTY . Aged 40. - Confined One Month .
420. ANTHONY MESSENGER and JOHN WILLIAMS were indicted for stealing, on the 6th of December , 1 wooden bowl, value 6d.; 1 half-crown, 3 shillings, 6 sixpences, and 5 halfpence in copper money , the property of Charles Monday .
CHARLES MONDAY . I live in Park-street, Camden-town . On the 6th of December, at a quarter-past twelve o'clock, my wife and I were in the parlour behind my shop, which is a tobacconist 's - my wife told me she saw a man go quick out of the shop, and she was sure he had robbed us; I went out, and saw the witness, who asked if I had lost any thing - I said Yes, my till had been cleared; he said, "There they go," pointing to the two prisoners - we pursued, and took them; they both stopped running before they were taken - William was taken immediately, and Messenger soon afterwards; this bowl was found in the road, and had been in the till, but I have not seen the money - there had been sixteen or eighteen farthings in the bowl, and 6s. or 7s. in the till.
WILLIAM DREWELL . I am a carrier. I saw Williams standing at the prosecutor's door, and Messenger came out of the house - they passed me, running up Park-street, with a little bowl; the prosecutor looked out at his door - I asked if he had lost any thing; he said Yes, and I said, "There they are;" he said, "I don't know them;" I said, "I will go in pursuit of them, if you will give charge of them;" I took Williams, and then Messenger ran off and threw the bowl away.
CHARLES WYBER . I was at my window - I saw the prosecutor come out in his shirt sleeves; he had been shaving - I pursued the prisoners, and saw Messenger throw this bowl away.(Bowl produced and sworn to.)
Williams' Defence. We were not in Park-street at all.
MESSENGER - GUILTY . Aged 24.
WILLIAMS - GUILTY . Aged 21.
Transported for Seven Years .
MARY ANN FIELD . I know the prosecutor's shop. On the 10th of December I saw the prisoner take the pork, and go away with it, between one and two o'clock in the day; I sent my boy to give the prosecutor information.
GUILTY . Aged 15. - Transported for Seven Years .
ASHKENAZ LLOYD. I live in Coppice-row , and am an ironmonger . I lost this tea-kettle on the 31st of December, at twenty minutes before eleven o'clock at night; I saw the prisoner take it, and pursued him about twenty yards - I took him with it; I had seen him about the house before.
-. I am an officer. I took the prisoner.(Property produced and sworn to.)
GUILTY . Aged 36. - Transported for Seven Years .
THOMAS GROUT. I keep a lodging-house . The prisoner lodged with me - he asked for employment, and I sent him with ten squares of glass to put into some houses of mine: they were in a basket, and tied round with a silk handkerchief; I gave him sixpence to buy putty - he never went to the place to put the glass in, and never returned to me; I saw him afterwards, and gave him into custody; he said he had fallen down and broken the glass, but he did not return the handkerchief or the basket.
Prisoner's Defence. I met with an accident in Leadenhall-market, and broke the glass; I told the prosecutor's son of it - he has trusted me with property before, and found me honest.
THOMAS GROUT. I have known him ten years, and had a good opinion of him.
GUILTY . Aged 44. - Confined Six Weeks .
Second London Jury, before Mr. Common Sergeant.
MR. ELLIS conducted the prosecution.
WILLIAM HALL . I am an officer of Hatton-garden. -On the 21st of December , between twelve and one o'clock, I was in Holborn, with Edwards; I saw the prisoners coming up Holborn-hill , in company with another woman - I followed them into Thompson's wine-vaults: I saw Edwards take the man, and take four bad shillings form his
Hewitson. The shillings taken from me were in a little bag, and I did not know they were bad - where did you first see me? Witness. Just on the other side of Farringdon-street, going up the hill, and I followed them about one hundred yards; they were altogether, coming as if from Smithfield - they were talking together.
WILLIAM BROWN EDWARDS . I am an officer. I was with Hall; I took Hewitson, and found in his left-hand pocket four bad shillings, which I have here - I saw the woman searched, and what has been stated is correct; I had followed the prisoners up the hill - they walked very leisurely for two or three minutes; there was no good money found one either of the prisoners.
Manser's Defence. I went to tie up my stocking in Cloth-fair, and picked them up - I gave the shillings to this prisoner to look at.
Hewitson's Defence. The woman who was with us had 19s. about her, and I had 7d. in copper.
HEWITSON - GUILTY . Aged 32.
MANSER - GUILTY . Aged 34.
Confined Six Months .
JAMES JOHN FEARON . On the 24th of December I went to my sisters's, the White Swan, in Swan-lane, between five and six o'clock; I then had twenty-five sovereigns - I gave two half-sovereigns for a sovereign in that house; they were in a leather bag, in my right-hand trousers pocket - the prisoner lodged at my sister's, and he went with me from there to Leadenhall-market, to purchase a goose; I paid 7s. for it - I changed one sovereign, and put the change into my waistcoat pocket: I then had twenty-four sovereigns in my purse; Dupin was with me in the market - I then went to my own house, the White Hart, in Tower-street ; I went in, and served my customers - I am a licensed victualler : the prisoner and Dupin went with me - we got there about half-past seven o'clock; the prisoner began hugging me round the waist in my tap-room, which joins the bar, and then they wanted me to go to bed - I said I did not want to go to bed, though I was tired; he wanted me to believe I was drunk but I was not; he got me into the passage two or three times, and with the assistance of some other persons, he got me on the stairs - I felt his hand in my pocket; I said,"You have got your hand in my pocket," but I did not then know that he had taken my purse; when I got up to my bed-room I missed the purse and the sovereigns; I said Godfrey had got them - I went down, and met my wife coming up stairs; she said, "If he has got them, he is gone;" he went out with his hand in his right-hand pocket- he came in again in the space of ten minutes; I said,"Godfrey. you have got my money" - he said, "You would be the last person I would do such a thing to;" I had him searched by an officer, and was informed he had only two halfpence about him - Dupin is my wife's sister's husband - the bag was found in the room with seven sovereigns in it, after the prisoner had returned and been searched.
Cross-examined by MR. PHILLIPS. Q. You went to get a goose? A. Yes, at Leadenhall-market; I was sober and collected as I am now - I consider that I was sober: I had had a glass or two to drink - Mr. Montague bought the goose for me; I did not give him the money to buy it- he brought it in, and I paid him for it; he is the landlord of the Poulterers' Arms - I told him I had come for a goose, and he went out and bought it; I had a drop of bitters, and each one round who thought proper to take some were welcome - he could not refuse to serve me with spirits, because I did not ask him; he did not refuse to serve me - it being Christmas time I had a buttock of beef to give to my customers; I had not opportunities to cook it at home, so I took it to my sister's that day - I dined at the Swan, and had a drop of porter; I did not stop after four o'clock the first time - I was not drinking there all day; I was sober when I left, and I consider I was sober at ten o'clock at night - I went to the Swan after Godfrey had been searched, but that was after ten; I consider I was sober then - I had never bought a goose, and thought Mr. Montague was a better judge than I was; I was so confused about the money that I do not recollect whether I drank at the Swan after ten o'clock - if I was drunk then I am now; I went to acquaint my sister with it - to make short of it, I did not take any thing into my lips; I was not drinking with Ray, the officer, at the Swan - the prisoner was there, but I did not drink with him.
Q. Do you remember going to the Poulterers' Arms on the 29th of December, and seeing Lewis, the waterman, there? A. I was there once since: it might be on that day - I saw two persons there, but I did not know their names; they came in while I was there - I did not say, in their presence that I had hoped that some of Godfrey's friends would give me 5l. to settle the business.
Q. Do you mean you said there that you felt the prisoner's hand in your pocket? A. I mean to swear that it was so; I said so at the watch-house, and before the Lord Mayor - to cut the matter short, I did say it.
COURT. Q. Do you mean to swear that you recollect saying so at the watch-house? A. I have not a correct recollection, but I have not the least doubt that it was so.
MR. PHILLIPS. Q. Did you say at the watch-house that you felt his hand in your pocket? A. I do not exactly recollect; I might not have been asked the question.
COURT. Q. Did you say so before the Lord Mayor? A. Yes, I did say so; my deposition was read over to me, and I am pretty sure I signed it - the question was asked, "Do you recollect Godfrey's hand being in your pocket?" and I said Yes - I should not have let Godfrey go, but he got out before I could get down stairs.
JURY. Q. How did you know that it was his hand from your brother-in-law's? A. He had hold of my right arm, - he let my arm go, and put his hand into my pocket; a
COURT. Q. Then what did you mean by stating before the Lord Mayor that the prisoner and your brother-in-law were taking you up stairs? A. Because I told them I would not go to bed; when I felt his hand in my pocket I said, "Godfrey has got his hand in my pocket."
MR. PHILLIPS. Q. Did you say any thing to this effect, that you would not have kicked a 5l. note out of doors if any of the prisoner's friends had sent it to settle the business? A. I have no recollection of any such a word; Mr. Montague told me at the bar, "You were drunk that night when you came to buy the goose," and I said, "Then I am drunk now;" I had a glass or two that night after I met Mr. Montague - I suppose I had four or five glasses; I do not know the two Lewis' by name - some men wanted to kick up a quarrel with me (looking at two persons); yes, these are the men - I did not say before them that I would not have kicked a 5l. note out of doors if any of the prisoner's friends had sent it to settle the prosecution; I do not recollect any thing of the kind.
COURT. Q. Have you ever had a proposal made to you, or have you ever made a proposal to any one else that this matter should be settled for 5l.? A. I have not; the Lord Mayor said if the money was not made up he would commit him for trial.
JOHN THOMPSON . I am an officer. I was sent for to the White Hart on the evening of the 24th of December, on the subject of this charge; I found the prisoner standing before the fire in the tap-room - I searched him, and found only two halfpence on him; I rather think he was the worse for liquor - the prosecutor appeared to have been drinking a little, but he was not to say drunk at the time; about twelve o'clock the same night I went to the White Swan, where the prisoner lodges - he was in bed; I awoke him, and asked what money he had - he said four or five shillings, which he had received from his master; I do not think he was more drunk then than when I saw him at the White Hart; I desired him to put on his clothes, but I had before examined his pockets, in the presence of the landlord, and found 4s. 6d. in silver, 4d. in halfpence, and two sovereigns - I asked where he got the sovereigns; he said he could not tell, he had no knowledge at all of them, nor how they came there - I took him to the watch-house; he remained there an hour and a half or two hours - I asked him again if he knew or recollected any thing about the sovereigns; he said No, somebody must have put them there for a lark.
Cross-examined. Q. Is it true that the Lord Mayor told the prisoner if the money was not made up he would commit him? A. He said, "If it is not made up by Thursday, I will commit you for trial;" the prisoner did not appear drunk when I awoke him - I do not consider he was drunk; the prosecutor, said in his presence, that he had his hand in his pocket, and he said so before the Lord Mayor - I think I heard his deposition read over, but I do not remember whether I did or not; I will not swear whether Mr. Hobler called me, and read the deposition to me or not - Mr. Hinsley was at the Mansion-house, and was examined the first day,
WILLIAM HINSLEY . I saw the prisoner in Gracechurch-street, on the 24th of December, at half-past ten o'clock at night - he was at the Grasshopper tea-warehouse; he purchased something there - I cannot tell what, but he laid a sovereign on the counter; he had a goose and a leg of mutton with him - I do not know where he bought them.
Cross-examined. Q. What became of the goose and mutton? A. I do not know; I am a carpenter; I saw him put the sovereign on the counter; I do not know what he had for it - a man gave him the change; I did not hear him say any thing - I stood at the door; the way I first came to mention this was, I met William Jenkins on Sunday; he said he was going to dine with his father, and I asked him if he had seen Godfrey - he said No; I said I had seen him at the Grasshopper with a goose and a leg of mutton, that he had some things, and put down a sovereign; Jenkins is not here that I know of; I do not know how the prosecutor came to know any thing about me; I told nobody but William Jenkins - I only spoke to him as I was passing - he is no particular acquaintance of mine.
COURT. Q. Where did you speak to Jenkins? A. In Upper Thames-street; I had not seen him near the Grasshopper, but I told him what I had seen; I did not hear that the prisoner was apprehended till Monday; I had no particular reason for asking Jenkins on Sunday if he had seen Godfrey.
JURY. Q. Were you acquainted with Godfrey? A. A little, and I knew a little of Jenkins; the question arose from my knowing both parties.
JOHN ATTERTON . I was at the White Hart, public-house, on the evening of the 24th of December; the prosecutor was assisted up stairs between seven and eight o'clock, by me and the prisoner; his wife said, if he did not go up stairs to bed, she would; I laid hold of his left arm, and the prisoner had hold of his right; he was rather restless, and would not go up; he got on the landing, and Godfrey got him round the waist; he was on him from five to ten minutes - he would not go to bed; he wanted the prisoner not to pull him about, and just as he got on the landing, before he went into the room, he said, "Godfrey, you had your hand in my pocket," and when he got into the room her brother-in-law said,"Fearon, give me your bag;" Fearon then said,"Godfrey has got it;" he had not said and thing to Godfrey about it - Godfrey was then gone down stairs; I cannot say whether Fearon was the worse for liquor - his wife came up when she heard the call for the money, and said "Godfrey has gone out with his hand in his pocket, why the d - I don't you go after him," and some one went; Godfrey came in afterwards, and Fearon said,"Godfrey, you have got my money;" he said, "Fearon you are the last man I should think of robbing," and he took a bitter oath to it.
Cross-examined. Q. If he was sober, how dared you to push him into his bed-room? A. It was his wife's wish - he was sober enough to know what he was about - he could serve in his bar; I was not an acquaintance of his; I was on his left side, not the side the pocket was on, as he said - I am a groom to Mr. Piper; it was either in the room or on the landing that the prosecutor said Godfrey had his hand in his pocket - the room was searched when the prisoner went away.
Cross-examined. Q. Was he not able to go up stairs to bed? A. Yes - I saw him go out of the room; I did not see the others go out - his wife was in the bar; I heard her desire him to go to bed - he did not go when she desired him: it might be ten minutes after, or a quarter of an hour - he did not refuse to go, and when he went, he went alone; I was with him at Mr. Montague's about six o'clock in the evening; Mr. Montague refused to take a glass of bitters with him, but did not refuse serving him at all.
SUSANNAH MARY FEARON . I am the prosecutor's wife. I requested him to go to bed, because he had been up a great many hours - I knew he wanted rest, being a weak ailing man; I recollect his going up stairs; Godfrey had him round the neck before he went up - I did not interfere at all - I did not come out of my bar till Godfrey came down with his hand in his right-hand pocket; I then went up to my husband, who said he had lost his bag with the money - I said Godfrey had gone out with his hand in his right-hand pocket.
Cross-examined. Q. Then it was not the noise up stairs that induced you to go up? A. No; Godfrey took him two or three times to go up - he came back; Godfrey and him went up together; I did not desire any body to go up with him; he was able to walk - he came into the bar, and served his customers; when I went up into the room I found my husband and Dupin there; I did not notice any stranger there - Atterton might be there.
COURT. Q. Was it after you desired your husband to go to bed that the prisoner got about him and hugged him? A. Yes; I did not go up till I saw the prisoner going out- I told Godfrey not to cuddle my husband; I said he did not want to be cuddled - I thought he was going to take the money; I knew my husband had money, but did not know what - he will not let me interfere with his money.
JOHN MANNING . I am a publican, and live in Swan-lane. I know nothing of the robbery, but was present when the prisoner was searched in his bed-room, between twelve and one o'clock - he said he could not account for any more than 5s., which his master gave him, and 1s. 6d. he had from his father; that he did not know how the money came in his clothes, somebody had been playing a lark.
Cross-examined. Q. What was found on him? A. Two sovereigns, 4s. 6d. in silver, and 4d. in copper - he lodged in my house, and was a regular steady boy, as far as I know - he was rather fresh, but knew what he was about; he was not tipsy, nor was he sober.
Prisoner's Defence. The money that was found in my pockets I know nothing at all about, no further than the few shillings which my master and my father gave me.
HENRY MONTAGUE . I keep the Poulterers' Arms, Leadenhall-market. I saw Fearon and these other young men on Christmas-eve; they came to my house about a quarter before seven o'clock, and went away about half-past seven - I bought a goose for Fearon: they had three glasses of bitters each; I had one, and would not have any more - they wanted more spirits, but I refused to serve them, for Fearon and the prisoner were tipsy; the other young man was not - I said, "Fearon, I will drink no more with you, and serve you no more, for you are tipsy, go home and go to bed; I consider you have had quite sufficient;" - he said he would take my advice, and he went out; it was my fair conscientious opinion that they were so tipsy, I ought not to serve them any more - I saw Fearon at my house one evening in the ensuing week; I think it was on Thursday - he said,"I wish I had nothing to do with this case, it is a pity but Godfrey's friends had settled it, for the Lord Mayor allowed it to be settled; and if they had sent a 5l. note, I would not have kicked it out of doors;" he said, "I am as drunk now as I was then" - I said "You are not, you was very tipsy then, but I don't think you are now;" it did not appear a tipsy observation, that he would not have kicked a 5l. note out of doors - and I made the reply, if the young man was innocent, it was a pity he should pay it, and if not, he deserved to be punished.
COURT. Q. Are you quite sure that you observed to them that they were tipsy? A. Yes, I am; I said it three or four times - Fearon knocked Godfrey's hat off, and put his arm through the crown of it - I suppose he was at my house a quarter of an hour or twenty minutes before I bought the goose; two persons of the name of Lewis, and a friend of his, and his wife, were present when he was talking about the 5l. note.
BENJAMIN LEWIS . I am a waterman and lighterman. On the 24th of December, about eleven o'clock in the forenoon, I saw the prisoner Fearon, an officer named Ray, and a woman, in the Old Swan, drinking; there were others in company with them - some of them went out to see a wager on the river, but Ray, the woman, and Fearon, staid behind; I did not see the prisoner then - I saw the prisoner and Fearon at the Poulterers' Arms in Leadenhall-market, with another man, about seven o'clock - Fearon was very drunk indeed; I was at the Poulterers' Arms on the following Thursday, between eight and nine o'clock -I saw the prosecutor there; my brother was present - I heard the prosecutor say he hoped some of Godfrey's friends would have settled this prosecution, for if they had, he would not have kicked a 5l. note out of doors.
HENRY LEWIS . I am brother of the last witness, I know the prisoner perfectly well, and I know Fearon slightly. On Christmas-eve I saw Fearon and the prisoner coming out of Leadenhall-market; they appeared to be rolling about, quite drunk, and some person had hold of their arms - I was at the Poulterers' Arms on the 29th; I
WILLIAM BARTLETT . I know the prosecutor by sight; I have seen him once or twice at the Swan - I saw him there on the 24th of December, between twelve and two o'clock; he was drinking - I saw him have three glasses of gin, and I had three with him; I left about two o'clock, and returned about five or six - I had a pint of porter, and saw Fearon at the bar very much intoxicated; the landlord gave me a glass of gin - no reason was assigned, but I suppose Fearon was so drunk he could not drink it himself; the landlord said to me, "Bill, will you drink it?" and I took it, and went out - Fearon was near to me, and could not keep himself up; he was rolling against the bar - the prisoner served his time at the same stairs I did; he has been a waterman nine years, and has been an honest industrious young man.
NOT GUILTY .
ALFRED BROWN . I live in Belgrave-place. On the 18th of December I was at the bottom of Holborn-hill, near Field-lane ; I was apprized that I had lost my handkerchief - I had been using it continually before.
PETER JACKSON . I am a coach-plater, and live in Little Ormond-place. On the evening of the 18th of December I was near Field-lane, Holborn-hill; I saw Wood put his hand into the prosecutor's pocket, and take out a handkerchief - Lewis was by his side at the time; Holland, who was in my company, ran and laid hold of Wood; I told the prosecutor of it - Lewis made his escape, but in half an hour after we saw him on Snow-hill, attempting to pick another gentleman's pocket; the prisoners were in company, and talking when Wood took the handkerchief.
Lewis. Q. Which way did I go? A. Up towards Snow-hill - I could not follow you because I went to the watch-house with Wood; you made your escape when you saw Wood taken hold of.
DANIEL HOLLAND . I live in Crown-court, and am a bookbinder. I was with Jackson, and saw Wood put his hand into the prosecutor's pocket, and take out the handkerchief; I took him just as he turned the corner, and Lewis made his escape down Snow-hill.
Lewis. Q. He stated at the office that he saw this young man take the handkerchief and give it me? A. No; I did not - I did not call out because you were gone round the corner; the handkerchief has not been found.
Wood. Q. If you were behind us, why did you not take us both? A. You were not quite close; you had got about six yards round the corner when I took you.
Lewis' Defence. I went to a shop in Field-lane to buy a fish; this man came, collared me, and said."I want you" - I said, "What for?" he said "I will, tell you" - I said "What do you want? I will go with you;" the people collected, and persuaded me to go away - I was going up Holborn-hill, and I saw him again; I said, "Are you not the man that wanted me in the fish-shop?" "he said Yes;" I said, "What do you want?" he said, "I will tell you," and he looked about for an officer - I took hold of his arm and walked to the watch-house; is it likely I should have gone with him to the watch-house if I had been committing a robbery.
DANIEL HOLLAND. I did not tell him at first, because there were so many persons round him, and he made several efforts to strike me.
LEWIS - GUILTY . Aged 22.
WOOD - GUILTY . Aged 16.
Transported for Fourteen Years .
EDMUND HENRY WILSON . I live in Bury-court, Long-lane, and am a cook. On the evening of the 24th of December I was near Mr. Bowles' shop, in Newgate-street ; I saw the prisoner go up to his show-board and lift a goose up by the neck - he then dropped it, and the man said, "You have not paid for that goose;" I said, No" - I took hold of him; he got from me, ran to the next lane to Butcher-hall-lane, and was taken; I had not lost sight of him.
HENRY SNELLING . I am servant to Mr. George Bowles . I missed the goose, turned my head, and saw the prisoner taking it away; I asked if he had paid for it - he said Yes; I said, "You have not, let it alone" - he had then gone across the turning, as far as Mr. Dean's; I took the goose and put it down - I said, "Stop, I will go to my master;" he then ran off.
The prisoner received a good character.
Prisoner's Defence. I wanted to buy a goose; I took it up, and turned to show it to my wife; she was talking to a person, and I did not see her.
GUILTY. Aged 24.
Recommended to Mercy - Confined Seven Days .
OLD COURT. MONDAY, JANUARY 9.
First London Jury, before Mr. Justice James Parke.
428. GEORGE HENRY KING was indicted for that he, feloniously did forge and counterfeit a bill of exchange , as follows: (100l. at twenty-eight days after date, drawn by Thomas Webb on Samuel Knight , Market-place, Birmingham,) with intent to defrand John Beit .
2nd COUNT, for uttering the said bill.
TWO OTHER COUNTS, for forging and uttering an acceptance to the said bill.
TWO OTHER COUNTS, for forging and uttering a forged endorsement to the said bill.
JOHN BEIT . I am a merchant , and carry on business in White Lion-street, Spital-square. Early in June the prisoner applied at my warehouse, in America-square , to purchase a metal, called German silver, and wished information as to the manner of working it; he stated himself to be Mr. King, of King-square, Goswell-street-road, that he was out of business, but was directed to purchase some for a friend in the country - he said Kingsquare was chiefly his property, that it was built bySamuel Knight , in what I consider the Market-place, but could find no Samuel Knight there - the markets is generally held there, but I find the place is called Bull-ring; I have been to Birmingham since, and inquired at the same place, I find there no place called the Market-place - I inquired at the Post-office, and the Branch-bank; I found several persons named Knight, but no Samuel Knight in any part of Birmingham - I inquired at Nottingham, where the bill purports to be drawn, and can find no Thomas Webb ; I inquired at the Police-office, the Post-office, and of the distributor of stamps.
Cross-examined by MR. CARRINGTON. Q. Are you acquainted with Birmingham? A. No; it is a large town; there is a market held in two places there - I did not go all over the town; I am a stranger to Nottingham - it is a large manufacturing town - I inquired of persons most likely to give information - I never offered to compromise this.
ROBERT PARSONS . I am a woollen-factor. The second endorsement on this bill I believe to be the prisoner's hand-writing; he came to my warehouse by the name of King - I saw him write, but only on that occasion; he told me he was a retired traveller, and lived at Chiswick - I inquired there, and can find no such person.
MR. BEIT. I went to King's-square, and inquired at almost every house, and of the beadle of the square; the prisoner gave me the number of his house, and I inquired there, but could not find any such person.
Prisoner's Defence. I took the bill from Thomas Webb , of No. 18, Weymouth-terrace, Hackney-road, and believe the prosecutor has called on him with the officer; I gave value for it to Webb - he was originally a partner in the house of Knight and Co., No. 23, Market-street, Birmingham; I have known him twenty years - I merely left the bill as a collsteral security; I called on the prosecutor, I suppose, a dozen times, but he had left his premises and was not living there for two or three months after I bought the silver of him - he had a warrant out against me; I went to Armstrong, who held it, and the prosecutor wished to compromise the thing a great many times -I offered him 13l. in Armstrong's presence, but when he found me inclined to come to terms, he said he would have the whole; I might have had all his silver if I chose, he offered me all his tools and stock - the journeyman I took there had it to work, but there is not a man in the trade can work it; Webb filled the bill up, and sent it down to his brother for acceptance - he travels with jewellery and plated goods; the metal is an imposition on the public - I the offered to pay him more than the value.
MR. BEIT. I continued in America-square till the 21st or the 22nd of July - I did not inquire at No. 18, Weymouth-terrace for Webb; the man who came with the prisoner gave his name E. Smith, No. 23, Weymouth-terrace; I inquired there for Smith, but not for Webb.
COURT. Q. Where does Webb live? A. He has lived at Birmingham, and also in Hackney-road - I believe it is Weymouth-terrace; he is in the silver plate way - I have not seen him for several weeks; I often saw him write.
COURT. Q. What is he? A. A silver plater - it is six or seven months since I saw him; he was back wards and forwards at Birmingham, and had a house in Hackney-road.
NOT GUILTY .
No evidence. NOT GUILTY .
Third Middlesex Jury, before Mr. Baron Bolland.
430. ROBERT HUGHES was indicted for that he feloniously did shoot at Elizabeth Worsley , with a certain pistol, loaded with gunpowder and a leaden bullet, with intent to kill and murder her ; and the said ELIZABETH WORSLEY was indicted for feloniously counselling, aiding, and abetting him to commit the said felony .
FOUR OTHER COUNTS, varying the manner of laying the charge.
JAMES BENTLEY . I live in Lower East Smithfield . The female prisoner was my housekeeper - Hughes is an organist , and frequently visited at my house; he came to play an organ which I have - he came on Saturday, the 22nd of October, about tea time - I went to bed about ten o'clock, and was awoke about eleven, by a report of firearms overhead, and heard a fall; I rang the bell, then got up, and went to the housekeeper's room; I supposed Hughes was gone home, but on getting into the room, both the prisoners lay bleeding on the floor, and I smelt gunpowder - they laid near the beside, on their backs, and near each other; I had no light, and found none in the room - Worsley was groaning, and cried out a good deal for mercy; a light was brought from next door - I think Worsley's cap was off; both had their clothes on - they were both bleeding from the head; there was no great quantity of blood - Hughes seemed to lay quite still; I thought he was dead - I was much alarmed, and
Cross-examined by MR. PHILLIPS. Q. Hughes is nearly blind, is not he? A. Quite blind with one eye, and very nearly so with the other; Worsley lived five years with me - I never noticed any thing amiss in her understanding.
THOMAS OWEN . I am a Policeman. On the 22nd of October, about eleven o'clock at night, I was called to Bentley's, and in the front room, on the second floor, found the prisoners laying on the floor, bleeding from the head; Hughes laid straight along on his back, and Worsley had her arms round his neck, crying out."Lord have mercy on me!" I asked them what was the matter, and who fired the pistol - Hughes said, "I fired one pistol at her, and the other at myself;" the woman only said, "Lord, have mercy on me;" I immediately ran for the doctor, and when I returned found two doctors there - my brother officer came in, and we picked up two pistols at the feet of Hughes; Worsley was put on the bed - they were afterwards carried in a boat over to St. Thomas-hospital.
WILLIAM PENNY . I am a Policeman. I went to Bentley's, and saw Hughes on the floor and Worsley on the bed; I heard Hughes say he had done it himself, and he wished he had done it to perfection - that he was in great pain, and if the doctors could not extract the ball to relieve him from pain, he wished they would give him a crooked wire he could do it himself; the doctors were not doing any thing to him then - Worsley groaned very much; Hughes said he expected that would be the last groan from her, and he wished he had done it to perfection, to put her out of misery.
Cross-examined. Q. I suppose he hardly knew what he was saying? A. I cannot say - he spoke sensibly.
NOAH READ BLOOMFIELD . I practice as a surgeon. I was fetched to Bentley's about a quarter or twenty minutes past eleven o'clock; the male prisoner laid on the floor, and the female with her arms round his neck - I found her bleeding slowly from the ear; the bones of the ear were shattered - I cannot swear a ball had entered there, because I could not find one, and believe none has been found - I cannot swear what the wound was inflicted with; there must have been a discharge of something into the ear - I had her put on the bed, and examined the man; I found him bleeding from the ear, but very slowly; he said he thought he could feel a ball in his cheek - I examined, but could find no ball in either of them; in all probability I should have found a ball, if there had been any - I introduced my finger an inch and half into the wound - I should suppose the wound had been done either by a ball or the wadding of a pistol, but I do not recollect the particulars, as I did not expect any proceeding would take place.
Q. If a pistol was fired close to the woman's ear, would the wadding produce such a wound without a ball? A. I think it would if it was rammed down tight; I considered the woman dangerous from the concussion, but after that was over, I considered danger over, and sent them to the hospital; Hughes was asked if he shot the woman, or whether they shot each other - he said he shot the woman first and then himself; the woman was requested by Mr. Bentley to indicate whether she wished Hughes to shoot her - if she did, she was to hold up her finger, and she held it up; I heard Hughes say "Elizabeth, are you still living? or is she dead?" he asked her if she did not wish him to shoot her; she said she did, or indicted so by signs - I do not recollect which: I remember Hughes saying he was an unhappy man, that he was an unfortunate man - I heard the woman speak, but do not know what she said; I saw them at the hospital next day, and heard Mr. Bowry ask the woman if she wished Hughes to shoot her - she said she moved her cap for the purpose.
Cross-examined. Q. If the pistol had been put close to the ear, and loaded with ball, would not it have gone through the head, or shattered it to pieces? A. Or rebounded - search was made for the ball, but none was found.
There being no evidence to prove the pistol was loaded with a bullet, as charged in the indictment, the prisoners were.
First London Jury, before Mr. Recorder.
431. BENJAMIN MILWOOD was indicted for stealing, on the 18th of December , 1 box, value 6d.; 1 bonnet, value 9s.; 7 caps, value 3s. 6d.; 1 handkerchief, value 6d., and 3 feathers, value 6d. , the goods of Amelia Blackman .
AMELIA BLACKMAN . On the 18th of December I was living at my uncle's, York-terrace, York-street, Westminster - owing to the death of my uncle, I gave my father a box, containing these things, to take in his cart to Tottenham; they were mine - the handkerchief was round the box: I found them next day in the possession of Peacock.
ROBERT BLACKMAN . My daughter delivered me three boxes about nine o'clock at night, at York-street - I drove to Tottenham; it is an open light cart - the boxes were covered with a Russia mat; about a quarter to ten o'clock, when I was in Barbican , I saw the mat raised up, and in a minute saw the prisoner lift the box up - I could distinguish his features; I struck at him with my whip, and called Stop thief! I lost sight of him while I got out of the cart - he went about four yards from the cart, then dropped the box, and ran off; I stooped to take it up, and lost sight of him, but saw him in custody in about a minute - I was confident of him, and said so at the time; I have not a doubt of his being the man.
MARY SCOTT . I am Blackman's daughter, and was in the cart with him; he said he saw the mat move - I saw the prisoner take the box, and never lost sight of him at all; I am sure of him - I saw him drop it: he ran a very short distance, and was taken by a young man.
ROBERT PURDY . I heard a cry of Stop thief! and saw the prisoner drop the box two or three yards from the cart - he ran part of the way down Barbican, then turned back to go into a court, and I secured him, without losing sight of him.(Property produced and sworn to.)
GUILTY . Aged 20. - Transported for Seven Years .
John Ewart and another - neither of them live there. I left there about one o'clock in the afternoon of the 27th of December, leaving my wife in the house - the front door was then open; this Dutch pipe was by the fire-place in the sitting-room - I had not seen it there since the day before, about four o'clock in the afternoon; I missed it on the 27th about three, when I returned; and found the prisoner at the Mansion-house, with it, next day - he was a stranger.
SARAH FEEEMAN . I was at home on the 27th; there are four rooms in the house - I was not in the sitting-room that day; I saw the pipe about eleven o'clock the night before, hanging on a nail by the fire-place - the room door was shut, but not locked; I went to the closet in the room, to get a man a glass of spirits, and as I pulled the closet door open, the prisoner fell down before me; I was alarmed, but took hold of him - Carter came to my assistance: an officer came, and took the pipe from him.
Prisoner's Defence. The street door, the room, and closet doors were open.
GUILTY of stealing only . Aged 17.
Transported for Seven Years .
BENJAMIN EDGINGTON . I am a rick-cloth, and tarpauling-maker , and live in Tooley-street . On the 10th of December I saw this coach-cover at the White Horse, Fetter-lane, and knew it to be my manufacture; I cannot tell when it was last in my warehouse - I never saw the prisoner till he was in custody; the coach-cover was kept in my warehouse, in Montague-close, by St. Saviour's church - they hang near the door till they are dry and fit for use; when I saw it, it appeared to have been recently dressed and fresh - the prisoner was taken the same night; Bonus, who had bought it, said he did not know where he lived - it is worth 26s.; it was in a very unfinished state, and should not have been sold in that state - I told the prisoner we should hold out no promise to him, but he was at liberty to say how he came by it; he at first said he had manufactured it, and on being pressed where he dressed it, he said he bought it of a man in the street - I asked if he knew his name; he said not - I asked how he was dressed, and what age he was; he said he could not tell, and on being further questioned, I think he said he bought it in Whitechapel.
Cross-examined by MR. PHILLIPS. Q. Did you at the last trial say a word about the account he gave of it? A. No, his Lordship did not ask me, and I heard some objection taken to what he said being stated; he did not in my presence say he had received it from Pearce - I cannot tell when it was taken; I have no mark on it, but know the dressing, which is peculiar, and I have no hesitation in swearing to it - I cannot swear I ever saw this identical cloth on my premises: I should think it had not been dressed more than three weeks previous - I believe Pearce was in my employ eight or nine years ago, but I do not know him; I have heard he lodged in Moregan's-lane - he was not charged with this; Bonus said no doubt we should hear of the prisoner about Whitechapel.
RICHARD BONUS . I am foreman at the White Horse, Fetter-lane - I have known the prisoner all my life. On the 3rd of December I saw him in the street, opposite the White Horse, and bought this cloth of him; he asked 15s. for it - I gave him 14s., as it had no strings; he has been a large farmer, but I have seen very little of him for seven years, till within the last year - I asked him no questions; Edgington's foreman called for orders - I told him I could buy them better than of him; I showed him this, and he said he thought it was Mr. Edgington's property - he did not swear to it at the time, and I took no further notice of it; I did not know where the prisoner lived.
Cross-examined. Q. I believe he has once been much better off? A. He was worth 8,000l., I believe, but fell into misfortunes - I believed him honest; he has dealt in sacking, hay, and straw for the last year - I bought two cloths of him before; he brought this through the street openly, under his arm, and told me he manufactured these things himself - I see nothing remarkable in it; he was always about Whitechapel - it may be worth 18s. or 20s.
COURT. Q. Can you swear this is completely finished? A. Certainly not, it only wants strings - the prosecutor claimed it from the peculiarity of the dressing.
JURY. Q. What do you usually give for covers? A. The usual value is 1l. with strings; I did not know this was wider than common - Mr. Edgington found that out.
JOHN FORRESTER . I am an officer. I apprehended the prisoner on the 10th of December, in Bishopsgate-street, and as I took him to the Compter I told him it was for having a till in his possession of Mr. Edgigton's - he immediately fell down in a fit, and said nothing: I inquired in Whitechapel, and got information where he lived - I went to his son's and found no manufactured cloths there.
Cross-examined. Q. Bonus told you you would find him in that neighbourhood? A. Yes; he at last gave me the name of Pearce, as having got it from him: I went to Pearce in consequence of his information - he has been convicted.
COURT. Q. Has Pearce been convicted of this offence? A. I took him on account of this being stolen, but finding other property there nothing more was said of this; he is convicted of robbing Deacon and Co., of Smithfield - he lived in Morgan's-lane, Tooley-street, about a quarter of a mile from the prosecutor's warehouse.
JOHN PAYNE . I am the prosecutor's fureman, and have been so about six years. I saw this cover in Bonus' possession; we should not sell it without lines, and we always stamp Mr. Edgington's name on them; I am positive it is our manufacture; it appears to have been recently dressed - we should charge 30s. for it; I never saw the prisoner till he was apprehended.
Cross-examined. Q. Did your master, at the last trial, swear it was worth 26s.? A. I was not here; I say what we should sell it for - it is worth 26s. with strings; it is complete, except the strings and stamp.
Q. You stamp it to know it again? A. Of course, to recommend it to our customers - I did not know Pearce;
Prisoner's Defence. I bought it of Pearce.
JURY to JOHN FORRESTER . Q. What made you take Pearce? A. The prisoner said, at his first examination, that he had it from Pearce, who I then took; the prisoner said he thought he lived in Morgan's-lane - I found it was so.
NOT GUILTY .
Cross-examined. Q. The prisoner had no access to your premises? A. Not to my knowledge - I had not these premises when Pearce lived with me, and he could not know them; the prisoner has not been indicted about this cover before - I cannot say I ever saw this identical cloth; the prisoner was questioned about this previous to going before the Magistrate, and said he bought the canvas of a man named Austin, in Dover-road, and made it; it was not produced at the time - we only asked him about what he sold to Bonnet, who had it on the road.
WILLIAM BONNET . On the 3rd of December I saw the prisoner at the White Horse, Fetter-lane; I did not know him before - I asked if he was a manufacturer of coach aprons; he said Yes - I had seen what he sold Bonus; I asked if he would make me an apron for my coach - he said he would, and the price would be 10s.; he did not say where he lived - on the 6th of December he brought me the apron to the White Horse, and charged 10s. for it; I told him Bonus would pay him - I took it to Newcastle, where I live, and a friend brought it to London; the prosecutor's foreman saw it, and claimed it.
Cross-examined. Q. Relying on what Bonus said of him, you agreed with him? A. Yes - he brought it openly, and gave it to me in the street - I only used it on one journey.
JOHN PAYNE . I am foreman to Mr. Edgington. I saw this article at the White Horse, on the 12th of December, and claimed it. I have been in the manufactory six years, and swear it is Edgington's make, positively - it is now a coach-cover cut in two; I know it has been a cover by the manner it is finished, by the holes in it - it is part of a coach cover which has been in our manufactory; I value if as a cover at 20s.; here is rather more than half of it.
Cross-examined. Q. You cannot say when you had seen it? A. No - it might have been taken three months before, or it might he only one day; it was never on our premises in its present state; it has never been stamped, as the stamp is large, and would come on this part as well as the other - we always put it on one place.
Prisoner's Defence. I manufactured the inside, and bought the other part; I have been in the habit of making these things for several years.
GEORGE JOHNSON . I am a boot-maker, and have known the prisoner four or five years; I live in Red Lion-street, Whitechapel; he used to sell hay and straw, and lives in Skinner-street, Bishopsgate-street.
JURY. Q. Did you know him to manufacture any articles? A. I did not; if I had wanted a coach-cover I should have asked him about it - I never heard him say he made coach-cloths.
GUILTY . Aged 47. - Transported for Seven Years .
STEVEN JACKSON . I am a coach-maker , and live in Cock-lane . The prisoner lodged in the same place for a week, which expired on the morning of the 17th of November; he went out about five o'clock that morning, and did not return - he had given no notice - he slept in the same bed with me; we both went to bed together on the night of the 16th, about nine o'clock; this money was in my waistcoat pocket - nobody else lodged in the room; I was awake when he left - I cannot say whether the door was locked at night; a family and a single man lodge down stairs; I had gone into the yard without dressing, and when I returned he was putting on his clothes; he bid me good morning, and left; I went to bed again - I got up at eight; I found my money gone - my waistcoat was on a chair. On the 6th of December, I saw him coming out of the Compter in custody; I went to him and said, "Ought not you to be ashamed of yourself, to play such a nasty trick to me" - he made no answer.
JEREMIAH HERBERT . I am an officer. The landlord of the house sent for me about this charge, and on the 6th of December, he took the prisoner, and gave him to me - I found no money on him; as I brought him to Newgate, he said it was of no use to deny it, because he had had it.
GUILTY . Aged 28. - Fined 1s. and Discharged.
NEW COURT. MONDAY, JANUARY 9.
Fifth Middlesex Jury, before Mr. Common Sergeant.
ROBERT BARTON . I live in Phoenix-street, Somers'-town , and am a pianaforte-maker . On the 20th of December I received information of the loss of a copper, which had been fixed in the back kitchen at my house; I had seen it on the 17th.
WILLIAM BECKWITH . I am apprentice to Mr. Elwin, in Phoenix-street. I was coming by Mr. Barton's door, and saw Morgan come out, on the evening of the 19th of December, at a quarter-past seven o'clock, with the copper on his shoulder; Terrett was standing on the curb stone, facing the door, and when Morgan came out he said, "Come on John;" he crossed the road - Terrett said, "It is all right;" I followed Morgan to my master's door - Terrett walked on the other side; Morgan crossed over, and torned down a crescent - Terrett followed him.
JOHN RADCLIFFE . I am a Policeman. I took Morgan in Somer's-town on the 23rd; I asked if he knew any thing about a copper - he said he had received one from a youth named Bourne, and sold it in the street for five shillings; it has not been found.
Morgan's Defence. I was coming along, and saw Bourne coming out of this house, where he lives, with a copper; he said his friends were going to remove - I sold the copper for five shillings, and gave him the money.
Terrett's Defence. I live next door to the prosecutor. I saw Bourne give the copper to this man to sell.
MR. BARTON. A person named Bourne lodged with his father and mother in my second parlour, but he has absconded; they had no copper - I gave them warning, as I had some suspicion of their son; the passage goes into the kitchen, and these rooms are on the ground floor.
JURY. Q. Had you known the prisoners before? A. I had seen them; I had seen Bourne in company with Morgan.
MORGAN - GUILTY . Aged 17.
Transported for Seven Years .
TERRETT - GUILTY . Aged 17.
Confined Six Months .
MR. ALLEY conducted the prosecution.
PHILLIP FREEMAN . I am partner with Mr. Robert Hall - we are linen-draper s. The prisoner was in our service, and had 100l. a year, board and lodging, at our house in St. John-street, Clerkenwell; he occasionally received money for us - Mr. Gobby of Regent-street, is a customer of ours.
MARY GOBBY . I am the wife of Robert Gobby - we carry on business in Regent-street . The prisoner has occasionally called for payments on account of the prosecutors; I paid him several times - on the 12th of September, I paid him 21l. 14s. 7d.; he gave me the bill of parcels and the receipt - I charged him 1s. for the stamp; here is the receipt - on the 18th of October I paid him 12l. 12s.; this is the bill and receipt; and on the 1st of December, I paid him 48l. 19s. - I gave him this order for 69l. 4s. 6d., on Davidson, Barclay, and Co., in Lime-street; I told him to send me the balance in the course of the day - he said he would, with some other goods; he gave me an I O U for 11l. by mistake, instead of 21l. - I never got the difference from him; the prosecutors accounted for it.
Cross-examined by MR. BARRY. Q. I believe you yourself mistook the order for 60l.? A. No, I was entitled to 21l.: the I O U was 10l. short.
MR. FREEMAN. The prisoner left us on the 2nd of December - he went unknown to us; when he arrived home, he gave a statement of what he had sold, which was taken down by our clerk - he never accounted to me for these sums of money received from Mrs. Gobby.
JOHN EGGBEER . I am clerk to Messrs. Freeman and Hall. I have the waste-book here - here is an entry made by me, as dictated by the prisoner, on the 12th of September, in which he accounts for 20l. 19s. 6 1/2d. received from Mr. Gobby; on the 18th of October here is an entry, which I took down from what he told me, in which he accounts for having received 10l. 16s. - and on the 1st of December I have written, from his dictation, 47l. 16s. 4d.
Cross-examined. Q. Were these entries made during the hurry of business? A. Yes, when customers might have been in the shop, not in the evening; we put the name of the person from whom we receive money, and I take it to Mr. Freeman or Mr. Hall, generally in the evening - I account by this book; I never had money over, which I could not account for - I have not made mistakes in entering cash; I have made mistakes in the quantity and quality of goods - that would make a difference in the amount.
MR. ALLEY. Q. When you give the money to your masters, they put their initials to the entry? A. Yes.
COURT. Q. Had the prisoner an opportunity of seeing what you wrote in this book, when you received the money? A. Yes; I took down what he said, and when I cast it up at the end, he asked what the amount was, and I told him - he said it was right; I did so constantly.
Cross-examined. Q. Have you not made mistakes in entering money received? A. No; I have been called to account for mistakes in this book.
MR. BARRY to MRS. GOBBY. Q. Have you not sometimes objected to the price of the goods? A. I have made abatements - I have sometimes paid him less than he asked for the goods, but not unknown to his master: the bill was not brought with the price of the goods made out - that was left to him: invoices were brought sometimes with the goods - he has asked me a higher sum than I have paid him.
MR. ALLEY. Q. Did he ever give a receipt for a larger sum than you paid him? A. No.
MR. FREEMAN. I received on the 12th of September 20l. 19s. 6d. - here is my mark to it; my partner received the second and third sums - these invoices and receipts are the prisoner's writing; here is a book of the money received from each customer, in the prisoner's hand-writing - here is "Mrs. Gobby, on the 12th of September, 20l. 19s. 6d.; on the 18th of October 10l. 16s., and on the 1st of December 47l. 16s. 4d., which exactly corresponds with the account taken from the prisoner.
Cross-examined. Q. How long had he lived with you? A. Rather better than a year and a half - I believe we took him at 60l. a year, and from June, 1831, he was to have 100l.; I or my partner receive the money every night - it is not allowed to go for two or three nights.
RICHARD HALL. The prisoner has not accounted to me for the sums of money which are deficient.
Cross-examined. Q. Are your initials against the two
Prisoner's Defence. As it regards the sum of 21l. odd I can appeal to Mr. Hall that I made no secret of it; I said I had a balance to send the following day.
MR. HALL. I stated at the office that he asked my permission the following day, to go into the City to purchase goods - he said he had some money to pay to Mrs. Gobby - I do not recollect that he told me the amount.
The prisoner received a good character.
GUILTY. Aged 41.
Recommended to Mercy by the Jury . - Confined 6 Months .
MR. ALLEY conducted the prosecution.
ANDREW GEORGE COBBETT COCHRANE. Mr. Thomas Adams is one of the directors of the poor of St. Giles' in the Fields and St. George, Bloomsbury - the prisoner was employed there as a schoolmaster, and to superintend the making of books and eyes ; he had for that, in addition to his keep, 12s. a month.
WILLIAM WOODS . I am a wire-worker - I furnish the parish of St. Giles' with wire, to he worked up into books and eyes. On the 24th of August the prisoner brought this bill to me for 5l. 18s., for making books and eyes in the rough state, for which I found the materials - I paid him by a cheque on my bankers, Messrs. Young and Co., in Smithfield; this is it - it was returned as paid; on the 8th of October he brought me another bill, which was incorrect, but upon a second application, I paid him five sovereigns and 12s. in silver.
COURT. Q. Was he employed by you to bring sums of money to you? A. The directors of the poor employed him, and he was to account to me as their agent; I used to pay him the 12s. a month.
PHILIP RILEY . I am beadle of St. Giles'. I took the prisoner; he said he understood he was wanted, that he was very glad, and had he met any of us in the street, he certainly should have given himself up.
GUILTY. Aged 26.
Recommended to Mercy . - Confined Six Months .
439. CHARLES MOORE was indicted for stealing, on the 3rd of December , 1 box, value 2d.; 1 brush, value 2d.; 2 shillings, and 1 sixpence, the property of John McDarby , from the person of Elizabeth, his wife .
ELIZABETH McDARBY . I am the wife of John McDarby . On the 3rd of December I was travelling outside the Barnet stage, on the back seat; we got just about the Bull, at Highgate , about half-past nine o'clock - I felt a hand in my pocket; I put my hand, and took hold of a strange person's hand - I had in my pocket, a little tin box, with 2s. 6d. in silver in it, a comb-brush, and two pieces of paper in it; it was then gone - I called to the coachman; he stopped as quick as he could - I had had my cloak tight round me, and the person had cut my cloak, gown, and pocket; it must have been done by some one off the coach - I saw a person immediately at the bottom, but I did not see his face; he ran away - he looked a tall, slim young man, very much like the prisoner.
JOHN CATLING . I am a labourer, at Mr. Bews, Highgate. On the morning of the 3rd of December I saw the coach going to town; the prisoner looks like a man whom I saw hanging at the hind part of it - I saw the prosecutrix sitting at the back; the prisoner jumped from the back of the coach into the road - he then jumped into the path and ran, I suppose, one hundred and fifty yards; I went the nearest way after him, through some fields, and found the prisoner in custody of a gardener - I am sure it was the same person that I saw get down.
JURY. Q. Had you lost sight of him? A. Yes, when he got about one hundred and fifty yards.
EDWARD WATSON . I heard an alarm, and went down on the road-side; I found the prisoner laying on his back, between the hedge and the fence - I gave an alarm; he jumped into the garden, and was taken by the gardener.
JAMES ANTERTON . I am a gardener. I heard the alarm as I was working in my master's garden; I saw the prisoner between the hedge and the fence - I asked what he did there; he said Nothing - I said, "You have no occasion to be there;" he said, "They only whipped me off from behind a coach - pray don't tell of me;" I gave an alarm, and he was taken - I went over, and found this box, brush, and knife, buried in the ground, all but a little bit of the brush.
Prisoner's Defence. I do not know any thing about them.
GUILTY . Aged 18. - Transported for Seven Years .
HENRY BARNES . I live in Weston-place, Battlebridge, and am a broker. The prisoner came to my shop with the child's chaise, on the 6th of December, about a quarter after five o'clock in the afternoon; I bought it for my own children for 2s. - he said he brought it from his mother.(Property produced and sworn to.)
JAMES WELLS . I am a Police-constable. I took the prisoner; he said he knew nothing about it - the next morning he told me that he and another boy took it, and sold it to Mr. Barnes for 2s, and the other boy had half of it.
The prisoner received a good character.
GUILTY. Aged 14.
Recommended to Mercy by the Prosecutor and Jury.
Judgment Respited .
Prisoner. I went in with him; he called for supper for me. Witness. No, he only called for his own - he did not take the least notice of you; you followed him in, and you wanted him to treat you, but he would not.
SAMUEL JONES . I live in Albany-street. I had one soverign and 10s. or 12s. in my pocket when I began drinking; I got very drunk, and found myself in St. Anne's watch-house on Sunday morning - I had lost all my money; the prisoner had not been in my company, to my knowledge.
WILLIAM MACKENZIE . I am an officer. On the night of the 10th of December I was called into Mr. Dyke's; I took the prisoner, and found 7s. 6d. in her hand - the prosecutor was drunk and asleep; I took him to the watch-house for security - I found another 6d. on the floor.
Prisoner's Defence. The money was my own. I never had my hand in his pocket; I had been in company with him for half an hour.
GUILTY . Aged 26. - Confined Six Months .
JAMES CHEESEMAN . I live at Chertsey, but on the 21st of December I was at Staines . I bought a quantity of beef, which I had in a cloth, in a basket, in my cart - I left it at the King's Head while I went to get refreshment; Bennett gave me information, and I missed my basket and beef - I followed on the road towards Egham, and heard that the prisoner was gone into the Traveller's Friend public-house - we watched the house all night, and next morning got a search warrant; we found the prisoner in the house, but could not find the meat - as we were going to the Magistrate the prisoner told us the meat was in a copper, in the adjoining house, which was empty; we went there, and found the beef in the cloth, just as I had left it.
COURT. Q. Give me the words he used? A. He said,"If you won't hurt me, if you won't prosecute me, I will tell you where the beef is;" I said it was gone too far for that, I could not do any thing in that, the law must take its course.
Prisoner. He said I had stolen his beef, and if I would tell him where it was I should have liberty directly. Witness. No, I did not.
GEORGE PRIOR . I am a constable of Egham. The prosecutor did not tell the prisoner that he should not be hurt, or that he should have his liberty if he told him where the beef was; he said he would show us where it was - I said, "You are my prisoner, and I can't suffer you to go back;" he said, "You will find it tied up in a cloth, in a copper;" I got over the wall, and got it - the prosecutor said he did not care much about it; he wished to have his cloth and meat again.
MR. CHEESEMAN. I did not use those words; I said I would be as light as I could, but the law must take its course.(Property produced and sworn to.)
JOHN BENNETT . I am a tailor, and live at Stairles. I saw the prosecutor's cart at the King's Head - I saw the prisoner try to take the basket out as I passed him; he let it go, and walked a hundred yards - he soon after went back to the cart, and passed me with the basket on his back - I returned, and gave information; we went on to the Traveller's Friend, and they would not open the door; I had lost sight of the prisoner - I have no doubt that he is the man who made the attempt, and afterwards carried this basket in the direction of Eghath - I had seen him the night before in Staines.
Prisoner's Defence. I told him I knew where there was some beef in a copper, and he said I might have my liberty.
GEORGE PRIOR . I found him in bed at the Traveller's Friend, and he said if we would be as light as we could he would tell us where it was - the prosecutor said he would be as light as he could, but not let him off; the basket was found in a hedge in the road to Egham.
GUILTY . Aged 18. - Confined Six Months .
MR. PHILLIPS conducted the prosecution.
JOHN BROWN . I am a coal-merchant , and live at Brentford . The prisoner was in my employ on the 9th of June, and had to receive money daily, and to account every night for what he had received; on the evening of the 9th of June he came home, and debited a person named Pepler with two sacks of coals, that came to 7s. 6d., which he never accounted to me for; but he came to my counting-house about four days after I got the warrant, and said, "Master, I have got Pepler's money:' I said I had nothing to do with it; that was at the latter end of November.
SARAH PEPLER . I bought coals of the prisoner, and paid him for all I had, except two bushels, for which he told me to pay his fellow servant ; they came to 2s. 6d. - I cannot recollect what I paid the prisoner, nor on what day.
MARY WARREN . I had two or three sacks of coals, and was to pay for them by weekly instalments; I had them on the 14th of June, and on the week following I paid the prisoner 1s. 6d. - I think the last I paid him was on the 9th of August; he said he could not write - I am sure I paid him 7s. 6d. by 1s. 6d. at a time, in five times, after the 14th of June - I paid him on his own account, but Mr. Brown's name was on the cart.
MR. BROWN. The prisoner never paid me one farthing on account of Mrs. Warren.
Q. Was he in the habit of paying you any sums without stating from whom he received them? A. Yes, when he sold for ready money, but when he debited the coals, I made inquiry who the persons were, and where they lived;
Cross-examined by MR. STURGEON. Q. What is the value of three sacks of coals? A. 10s. 6d. - I accounted with him every night; I never kept any running account with him except when he got drunk, and could not give any account of it - this is a receipt (looking at one) for 1l. 4s. on the 9th of August, which was the last day he was in my employ; he came home very tipsy, and there was money he could not make up, when I discharged him; I have a person named Westbrook in my employ - he may in one or two instances have received money of the prisoner when he has come home drunk, and it was too late for me to see him, but he never accounted with the prisoner; I always did that.
COURT. Q. He had accounted to you for 1l. 4s.? A. That was on two or three different nights, when he came home short of money - it had nothing to do with this charge; when he went out in a morning, he loaded a certain quantity of coals, and it was his duty to come to me in the shop every night, and give me a correct account of them all - I put it down at the time; I understood he could not read or write - I was very particular, and generally repeated what he said; I took down the account of the 14th of June, from his month, and am quite certain he has never accounted for any money received from Mrs. Warren since that time.
ANN LEEK . I saw the prisoner in the course of the summer; I had three sacks of coals of him - I paid him half a sovereign and some silver; I think it was 6d. - he came to me again in November, and I said, "There is a mistake between me and Mr. Brown, for he has sent to know if I owe him any thing;" he then asked if I would take 15s., and pay Mr. Brown over again; I said I was very sorry, and would do any thing on his behalf, but I had given my word that I had paid the money, and I would not take it.
Cross-examined. Q. Did he ask you to take it on his own account? A. He said, "Take it and pay Mr. Brown over again;" this case was heard at Brentford, and I think the prisoner was dismissed; I would have taken the money, but after passing my word, I could not do it; I did not state that before the Magistrate -I was not asked, and I kept it back, in hopes the prisoner would get his liberty.
MR. BROWN re-examined. Q. Do you remember the prisoner debiting Mrs. Leek with this money? A. Yes, on the 7th of July, for three sacks of coals, and on the 21st of July one sack, amounting to 15s.; he said they were not paid, and desired me to book them - he never paid me the money.
- WESTBROOK. I am in the service of Mr. Brown. The prisoner's wife brought me 2l. when he was at the tread-mill, and she requested if my master sent me to any person where he had booked coals, to pay it, and when I saw the prisoner, he desired me. if I was sent to any of the persons to whom coals were booked to pay it out of the money, and not let Mr. Brown know a word about it.
Cross-examined. Q. You have been in the habit of receiving money of the prisoner? A. In one or two instances; I have taken it to my master, and he has put it on the shelf and come and cettled for it - I never was engaged as a clerk.
COURT. Q. What did you receive this money for? A. To pay in part of any thing he had received without telling my master; my master never kept a running account with him; the prisoner was apprehended in November, I believe; I had received the money before he was charged with embezzlement, and I was to pay it as if it came from the customer.
COURT to MR. BROWN. Q. Would that sum have made your book right? A. Oh! certainly not.
Two witnesses gave the prisoner a good character.
GUILTY . Aged 34. - Confined Ten Days .
444. JOHN THOMAS MORGAN was indicted for feloniously sending a certain letter directed to Thomas Hemingway , threatening to accuse him of a certain infamous crime, with intent to extort from him the sum of 10l.
NINE OTHER COUNTS, varying the manner of laying the charge.
MESSRS. ADOLPHUS and WALMSLEY conducted the prosecution.
THOMAS HEMINGWAY . I am landlord of the King's Arms tavern, Mile-end-road - it is licensed by the Magistrates for concerts, and I have a large room in which they are held twice a week. On Tuesday evening, the 13th of December, I had a concert, and was in the room the greater part of the evening; I was in conversation with Mr. Arundell, a carpenter, and Mr. Blunt, an attorney; I was sitting facing the fire place, in the second part of the room; while I was in conversation, the prisoner came up and had a little conversation - he was quite a stranger; I had not seen him before, to my knowledge; when he spoke to me, I spoke to him, but I cannot say what passed, but I am pretty well sure he sat down at the table - I remember passing a joke with Mr. Blunt, and I think the prisoner went to another part of the room; I did not see him again till the concert was over, when I was having some conversation with Mr. Bell, respecting some deeds Mr. Blunt was drawing up; the prisoner came and sat very close to my side; I wished the conversation to be more private; I said it was very unfair for him to come and sit by me while I was talking to those gentleman on business; I told him his company was quite a bore, and there were other parts of the house where he might go to; he said where could he go; I said, "You may go into my parlour if you think proper;" he said, "May I go into your parlour?" I said Yes, and he went into the parlour - it is a parlour for company; I do not know whether there was any one in it then, but I should think there was, as the concert-room was cleared; when I had done speaking to those gentleman I put the lights out, and went to the bar - I stopped there some time; I then went into the parlour, where I saw the prisoner, Mr. Blunt, and several other persons - I do not remember saying any thing particular, but I passed a similar joke to Mr. Blunt to what I had done in the concert-room; I do not remember joining in the conversation; I sat in the elbow-chair, laid my head on my hand, and dozed into a sort of sleep - I might awake once or twice in the course of the evening, but did not join in the conversation; when I awoke the last time, I heard
WILLIAM TAYLOR . I was a clerk in the office of Mr. Collins, No. 33, Spital-square, for fifteen years; I left him at Christmas. I know the prisoner perfectly well, and I believe this letter to be his hand-writing.
Cross-examined by Mr. CLARKSON. Q. How long have you known him? A. Five years last December; I am sorry to say that he has been given to drink for the last two or three years, but he has had considerable sums of money of mine, and I have found him honest.(Letter read)
"SIR, - The occurrences of the other evening are still fresh in my recollection, to what the relate, a moments reflection will present; or in other words, an attempt most deliberately made by you of a most disgusting and abominable character, which my resistance, and the dread you apprehended of an exposure, rendered abortive; any thing short would have rendered me equally culpable as yourself. Much as I have heard that there are in existence creatures bearing the outward form of men, and addicted to those bestial propensities, I had nevertheless, in a great measure discredited such realities, until the affair of Wednesday morning unveiled that doubt, and awakened the too horrible conviction, that I had at length unhappily fallen into the hands of one of the detested advocates and perpetrators of a crime loathsome and abhorrent; and in one too of all others, on whose unsullied reputation, this every thing is staked, and dependant entirely upon public opinion for patronage, support, and protection. The circumstances under which it was at tempted, I need not here detail, being of so gross and flagrant a description, that the recollection of them can never be dislodged from my memory, indeed I have not been well since; and on the most serious and mature deliberation (and I have not been hasty in forming my resolution) that it is but a right to which decency has a privilege, to enforce that, so during and insulting an outrage should be submitted to magisterial investigation, for the effectual suppression of advice of the blackest die, unpardonable an the eyes of Heaven, and horrifying in those of men. I thought it right, however, are I proceed to extremities, to put you in possession of my resolution, with a view to your being sufficiently impressed with a proper sense of the situation in which you have placed yourself, your character, and reputation - it is I say for you to consider and weigh well the consequences how you stand, and how your interest may he effected; not only as it regards your moral character as a christian individually, but in your public and accountable capacity as a licenced victualler, will fall under the servest lash of well deserved reprehension, and subject yourself to the contempt of all your friends, your family connexions, and the derision of the world. Should I repeat it, this affair once get buzzed abroad that"the worthy host" had himself made an attempt of the kind, and with fastened doors, securely and carefully barrid by his own hand, under his own dwelling, a licenced receptacle for refreshment and entertainment, in the hearing of his own family and servants, and that upon the person of an occasional visitor, unwarily entrapped within his fangs; the name of "Hemingway" would become as odious as the wretched miscreants who, but a few moments since, expiated their crimes amidst the execrations of thousands. Upon deep consideration of the purport of this letter which I have sent to you in private, not wishing to risk the possibility of its falling into other hands than your own by the post. You must be aware of the very perilous precipice on which you stand; and it is by your answer, for me to know whether you wish to hazard the result of the affair being made public by an application to the Magistrate for a warrant, it being a criminal charge, and of a capital nature; my deposition must be registered on oath, to obtain that document for your apprehension, which when once done, you will only have yourself to blame; nothing on my part can afterwards he allowed to impede the regular course of justice. Need I say more to point out clearly to you the rain that must be the inevitable consequence of disclosure. The affair as yet, I pledge myself, is unknown to any mortal on earth, even my own wife has not had the slightest intimation of the matter. Is it not for your interest, character and peace of mind, to let it remain so? How many in your fine in your neighbourhood, would glory at your shame, and exult in your disgrace; on your character, as the proprietor of a house peculiarly privileged, yet under peculiar restrictions depends every thing; the hazardous speculation in which you have embarked must fall into ruins in the estimation of its frequenters. The probable suspension of your licence may be the disasterous result; and independent of the awful consequences attendant on conviction, and placed at a criminal bar, on a charge of so revolting a nature, must mar for ever your future prospects - your credit with your brewers and distillers would be fast upon the wane, and you will never regain that respect which your condition in life otherwise entitles you to; but entail upon a rising family, a dreadful stigma which time can never destroy. I am, Sir, your obedient Servant, J. T. MORGAN.
1, Sydney-street, Mile-end, 16th December, 1831.
P.S. The bearer of this will wait your convenience, to bring back your answer; if you wish any reasonable time to do it in, say so, and send the letter inclosed, privately, to me, either at my house, or 35, Spital-square, Norton-falgate."
MR. ADOLPHUS to MR. HEMINGWAY. Q. What passed between you and the bearer of the letter? A. I called him, and said, "Have you any knowledge of the person who sent me the letter?" he said, "He is a lawyer in Spital-square;" I said, "Oh, dear," or "Dear me," or"God bless me, he has sent me a letter of a very disgraceful nature, and wishes me to give him an answer - how to give him one I do not know; tell the person to call upon me;" he went away, and in less than a quarter of an hour, the bearer of the letter and the prisoner came to my house - the bearer came in, and said I was wanted outside; I went outside, and saw a very about man - I advanced towards him, and said, "Do you want me, Sir?" he said No; the prisoner came into my house in a very few minutes - I had told the messenger to tell him to
COURT. Q. Then how could Mr. Perry see any person there? A. He was close to the window, which would show a light - there was no lamp outside, but you might see the shadow of a man's person: I could see the top of the table plain enough.
MR. ADOLPHUS. Q. What did you say to Mr. Perry when you saw him without his shoes? A. I asked him to walk up stairs, as I had a word or two to say to him - I showed him into the anti-room where the prisoner was, and asked him if he had any knowledge of the prisoner's person (the prisoner and myself were the only persons who had been in the saloon while Mr. Perry was in the gallery, I am quite certain of that) - Mr. Perry said Yes, he had a knowledge of him from last Tuesday evening; the prisoner then said, "Yes, sir, I think I have a knowledge of you; I remember you" - I then said to Mr. Perry, "This person has accused me of a very bad crime;" Mr. Perry said,"Indeed;" I then put out my arm, pointing to Mr. Perry, but could not recollect his name, though I had said it a minute before - I said, "Mr. -, Mr. - ;" he said Perry - I said, "How to tell you I cannot tell" - the prisoner said, "I thought you were acquainted, but I perceive you are not, as you don't know his name, and as you seem determined on its being made known, if you don't begin, allow me;" I said, "Yes, any body but me" - the prisoner then began to tell Mr. Perry, in some sort of way, of my ill usage to him, and said I had acknowledged to it within the last five minutes; Mr. Perry said, "Indeed, sir;" I did not make any remark - Mr. Perry then said, "Before you go any further, allow me to ask what might your name be?" and the prisoner said, as far as I can recollect, that his name was John Thomas Morgan;"And pray where do you live, sir?" he told him, as far I can recollect, at No. I, Sydney-street; Mr. Perry then rose from his chair, and said, "Then, John Thomas Morgan , you are a d-d infernal liar: you are no man, and have not an once of man's flesh about you" - I then said to him, "You are a thief; you are a robber - you are a murderer; you have robbed me of my peace of mind;" upon hearing the noise my wife came up, and begged me not to be in a passion - the prisoner then went on his knees, raised up his hands, and repeated what he had said to Mr. Perry, that I had acknowledged to it within the last five minutes.
Q. Had you acknowledged to it? A. May I be a corpse in the presence of God if I did; I did not - I could not; we then all left the room - the regular officer, who
WILLIAM PERRY . I am a plasterer, and live at No. 8, Turner-street, White Horse-lane, Stepney. I was at the prosecutor's house on the night of the concert, on the 13th of December; I saw the prisoner there - I was not much in Mr. Hemingway's company that evening; I was not sitting with him: the prisoner sat on my left hand from the time he came into the parlour till we left the parlour together; the prisoner was not alone in the parlour with Mr. Hemingway at any one moment till we went away together; the prisoner and I were the last persons in the house- he was after me, but close to me; I opened the door, and he followed me - we were the last two persons in the house - when we got out I went to the right and he went to the left; I saw him go beyond the house, and bade him good night - I heard Mr. Hemingway fasten the door of his house before I bade him good night; in consequence of what Mr. Hemingway said to me I went on Monday evening into the gallery of the concert-room; I think it was from eight to half-past eight o'clock - while I was there Hemingway and the prisoner came into the concert-room; there was no light in the room for me to see the prisoner, but I knew him by his voice - I heard the conversation which passed between them; I was there for that purpose, and had taken off my shoes, that I might make no noise- when they came in Mr. Hemingway said, "My good man, you ask me for 10l. which is a great deal of money, and you know that I am not guilty;" he said, "I am a man of family, the father of ten children: you must have been mistaken, and gone somewhere else" - the prisoner said he had not; he said, "You must; the prisoner said,"No, by G-d, I did not; I went straight home" - Mr. Hemingway said nothing further on that subject, but he said, "Do I look like a man that you would suspect of being guilty of any thing of the like?" the prisoner said,"Certainly not;" Mr. Hemingway then said, "If you will retire with me into the anti-room I will go down and see if I can get you up 5l.;" the prisoner said, "Nothing less than 10l. will do;" they left that room, and went into the anti-room - I then came from where I was, and met Mr. Hemingway on the stairs; I had not then put on my shoes - I then went into the anti-room; Mr. Hemingway introduced me to the prisoner, and asked if I knew that gentleman; I said certainly I did from what had occurred on the Tuesday previous - he said, "Here is a very awkward circumstance occurred here with me;" I said,"What might it be?" he said, "Upon my word I can't tell you?" he said, "Mr. - , Mr. -, Mr. - ;" I said, "Perry is my name;" the prisoner said, "I see you are not very well acquainted, if you will allow me I will tell;" Hemingway said, "Any one but me" - the prisoner then said that Mr. Hemingway had put his arm round his neck, kissed him, gone down on his knees, unbuttoned his breeches, and behaved in an indecent manner to him on the Tuesday evening; I said, "Is it possible that he has done this?" he said Yes, and he had owned it within the last five minutes; I said, "You will excuse me, what is your name?" he said, " John Thomas Morgan ."
Q. Had Hemingway owned any thing of the kind? A. No, certainly not - I then rose up from my chair, and said,"You are a d-d infernal rascal, and have not a bit of man's flesh about you - out of this house you shall not go, but under the protection of an officer;" Mr. Hemingway then began to call him a rogue, a liar, and a rascal, in a high tone of voice, and stamped with his feet; Mrs. Hemingway came up, and begged her husband not to be in a passion, as he had got everything provided; I then desired her to leave the room, but prior to her coming up, the prisoner fell on his knees, and called his God to witness that what he said was true; Mr. Hemingway followed his wife down - the prisoner followed him, and I followed him; I took hold of his coat, and gave him in charge of the officer.
Cross-examined by Mr. CLARKSON. Q. Were you at the house between the Tuesday and the Saturday? A. Yes; I went there one night, and was there on the Saturday night, I suppose as late as twelve o'clock; I have seen Dr. Newman - he is not here; I went on the Saturday night, about eight o'clock - I went there on the Sunday; I first heard of this transaction on the Saturday, about the time I went in; I saw the letter - Mr. Hemingway and I made an arrangement on the Sunday that I was to go into the gallery, and that he would bring the prisoner into the saloon, that I might hear what transpired, and that he would put such questions to him as we thought proper, and one was to ask whether he looked like a person who could be guilty of such an officer, which the prosecutor did, and the prisoner said No, not at all; he spoke that as loud as he did the rest - he did not say it in a muttered tone, that the prosecutor could not hear; I should think not; I could hear it very plain - the prisoner was under the gallery; the window was on my left hand, and the prosecutor stood close against the window, on one side of a table - I cannot tell which side the prisoner stood; one was farther off than the other, but I cannot say which was furthest - I had never seen the prisoner in my life till the Tuesday, but I knew his voice by having so much conversation with him; I cannot tell whether the answer the prisoner gave to the question, whether the prosecutor was a man likely to commit such an offence, was so low that Mr. Hemingway could not hear it; he was not a quarter the distance from the prisoner that I was - I should consider he must have heard it - whether he paid any attention to it I cannot say; he might be in that state of mind that he could not pay attention to every word - we had prepared an officer below; the same officer was in the habit of attending the house - I was perfectly sober on the Monday evening; I had only had a glass of gin and water, while we were waiting for the prisoner; I was sober on the Saturday evening - I was not drunk on the Tuesday; I might be rather fresher than I was on the other two nights - I had taken more than I generally do; I swear the prisoner left the house that night at the time I did, and Hemingway and him were not alone any time that evening - I had not lost sight of them; they did not change their room; after they came from the concert-room they were in the parlour, and they were not alone there.
JOHN STANFORTH . I am a constable. I am in the habit of attending Mr. Hemingway's concert-room. I never recollect seeing the prisoner till one Monday evening; I forget the day of the month. I was sent for on the Sunday evening, to be there at half-past five o'clock, and I staid till past eight.
RICHARD TILLVER BLUNT . I was at the concert, at the prosecutor's rooms, on the 13th of December; I noticed the prisoner and the prosecutor - they were present part of the time; I saw them in the parlour - there were other persons present there; I recollect some jobes passing.
Prisoner's Defence. My Lord and Gentlemen, - When you shall hear the strict and undeviating line of honesty which I have hit her to pursued, with oredit to myself and satisfaction to my employers, I trust that you will not suppose, that I would, all at once, invent and write a letter, involving such consequences as it does; my prosecutor has undeavoured to support his own case, and blacken mine, but in the eyes of God, he is the only guilty man - the letter was written in my own hand, and subscribed with my own name and residence - the bearer was ordered to answer any questions: on my first interview with the prosecutor, be expressed his earnest desire to have it made up, and appointed me to meet him on the Monday, when he placed the witness in ambush, to get rid of the adium himself, and to place it on any shoulders: when the inspector asked what I had, I voluntary took out the copy or draft, from which I took the letter, with only a few verbal alterations. Did this look Like guilt? Should I not have destroyed it if I had been guilty? Whatever may be the consequence of this prosecution, I have not acted designedly wrong; if I have erned in writing the letter, instead of bringing the prosecutor to the bar of justice, it was done in ignorance of the consequences of it. Perry passes much of his time at the prosecutor's, but it was utterly impossible that he could tell what took place between one and two o'clock on the Wednesday morning: he was intoxicated, and might have gone out; I had myself gone out once or twice, and what inducement could he have to watch me away; not a soul was moving in the horse when the prosecutor let one out, at twenty minutes to two o'clock, and no eye but the eye of Omniscience was witness to what was done.
GUILTY . Aged 32. - Transported for Life .
Fourth Middlesex Jury before Mr. Sergeant Arabin.
JAMES FERGUSON . I serve in Mr. Haynes' shop. I was shutting up on the 22nd of September, at a quarter before ten o'clock at night - the door was open; I saw the prisoner go into the shop, and come out with the cheese under his arm - I was in a little place where we keep the shutters; I ran, stopped him, and made him bring it back- he had got about a yard from the door; I had known him before - he lives at Drayton; he told me not to split - I did not know that he was going to take it.(Property produced and sworn to.)
GUILTY . Aged 19. - Transported for Seven Years .
JOHN REED. I am servant to Mr. Austin - his mill is at Hillingdon ; I work there. On the 17th of December I was up all night in that mill - I went up to the top, and looked out of the window; I saw a man in the road, about three o'clock in the morning - he had a light dress on, and was about thirty or forty yards from the mill; in about a minute I saw two pigs come from my master's yard, and a man behind them in a dark dress - I believe the prisoner was the man in the light dress; one of the pigs turned towards the stye - the man in the dark dress turned it back, and they drove them both on the road towards the canal; I called my master and my mate - they followed them; the prisoner was taken on the Monday or Tuesday - my master got his pigs the same night.
Cross-examined by MR. BARRY. Q. Were they not in his own fields? A. No.
JOHN AUSTIN , JUN. My father keeps the mill. I heard the pigs were gone; I came down, and found twelve had got out of the stye, and three of them were driven away - they were large fat pigs; I went out with John Seymour - we got three or four hundred yards from the mill, and when we got on the canal bridge, I saw a man in a dark dress; I went to him, and asked if he had seen any pigs go that way - he said he had not; the prisoner then came up, and said they had not seen any, and that they were waiting for their beats - I believe the prisoner is a brickmaker; they then ran away down the canal bank - the prisoner had a light round frock on; Seymour said he thought he saw a pig in the canal - we looked, and saw one of the pigs in a close on the other side, as if it had swam under the bridge, and got in there.
Cross-examined. Q. Is there a gate to the yard? A. Yes: I do not know whether it was fast.
JOHN SEYMOUR . I went out with my young master towards the cut bridge, and saw a man in a dark dress; we then saw the prisoner in a light dress - he came up when my master spoke to the other man; I believe he was a brick-maker - he ran off when they said they had not seen them; there was one of the pigs in a little close by the canal - I looked at the next morning, and the string it had been fastened with was cut.
JOHN COOPER . I keep a public-house, in Uxbridgemoor. On Saturday night, the 17th of December, the prisoner was at my house, with William Hale, David Hale, and a man named Foy; the others were all in dark dresses - she prisoner had a round smork-frock; I wanted them to go and they refused - my customers left my house, and my wife went to bed; they left about a quarter before twelve o'clock.
WILLIAM GREEN . I am servant to the prosecutor. I had the care of the pigs: I fastened the sty, and they were all secure at eight o'clock on the Saturday night - they could not have got out themselves, and there was a three-barred gate to the yard.
Cross-examined. Q. Did you leave any workmen in the yard? A. No, I am the last to leave the yard.
Witness for the Defence.
WILLIAM HALE . I work in the brick-fields, and have four or five brothers. I was taken up on this charge, but discharged; the prisoner lodged with me - I was with him at Cooper's on Saturday evening, the 17th of December; I live about a mile and a half from the public-house, and when I got home it wanted half an hour to twelve o'clock; the prisoner went with me home - my wife was up; the prisoner went to bed down stairs, and we went up stairs; I was not out with him after that.
COURT. Q. Did he remain in bed all night? A. I cannot say - there are four rooms in the house; no one sleeps with the prisoner - Foy and a great many more were with us at the public-house; the prisoner is a brick-maker- I had a brown rough great coat on that night; the prisoner had a white smock-frock on - I know Mr. Austin keeps pigs; we came by his mill to go home, between eleven and twelve o'clock - I did not take the key of the door: the prisoner might have got out.
NOT GUILTY .
JOHN BOLTON . I saw the prisoner come out of No. 22, Guildford-street, with the umbrellas - a gentleman said he had nothing when he went in; I put my hand on his shoulder - he dropped them, and I took him.
Prisoner. I was walking up the street, and when the man took me, he went to three or four houses.
GUILTY . Aged 22. - Confined Three Months .
JOHN GRIFFITH. I keep a shop , in Bowling-green-lane, Clerkenwell . I lost 4 lbs. of bacon on the 9th of December, did not see it taken, but I had lost a piece before which made me notice my bacon - the prisoner was in my shop, and he said to a man who I bought baskets of,"I shall go;" I missed the bacon, and the man said, "I will go and see for him;" he pulled a basket off the prisoner's shoulder, and my bacon was in it - he had not got two dozen yards from my house.
Cross-examined by MR. HEATON. Q. Was not the prisoner also selling baskets? A. Yes, and he put down his basket to wait while the other man sold me one - the bacon was on a sideboard close to him; he could look at me, and put the bacon in the basket - the other man was near the bacon; I did not see the other man turn his head; the prisoner did not deny that he had taken it to me; but before the Magistrate he said he did not know that it was in his basket - when the basket was taken from his shoulder he ran down a narrow street.
Prisoner's Defence. I was in the shop, and a young man was buying butter scrapings - I got fifty of one hundred yards from the place, and the man came running after me, pulled the basket off my back, and took the piece of bacon.
GUILTY. Aged 21.
Recommended to Mercy . - Confined Six Weeks .
HENRY LEVETT . I am a cabinet-maker. On the 27th of December these tools were in a mews in Charlotte-street, Fitzroy-square ; the prisoner was a workman of mine - I went to dinner, and left him in charge of the shop; he said he was not going to dinner; he had it in the shop - I returned in half an hour, and missed the tools: Hutton was doing some work on my premises.
MR. LEVETT. I know this plane to be James Hutton's, he is in the country.
Prisoner's Defence. Bradley and I were drinking on Chistmas-eve, and we spent all we had; I said I did not know how I should get through the next week - he said he must pawn some tools, and he had let me pawn his saw the week before.
GUILTY . Aged 22. - Confined Six Weeks .
WILLIAM BANBURY . I lived with Mr. Thomas Byers, a cheesemonger , in Earl-street, Lisson-grove . On the 6th of December, about a quarter-past nine o'clock in the morning, I went to fetch a saw from the parlour, and when I returned, I missed two pieces of bacon from the board; they were brought back by the Policeman the next day.
WILLIAM GANDERTON . I am a Policeman. On Tuesday, the 6th of December, about half-past nine o'clock, I stopped the prisoner at the bottom of Charles-street, with something under his jackets; he was four or five hundred yards from the prosecutor's - I asked him to let me see he then produced the bacon, and said he bought it in Henry-street - I found the prosecutor, who claimed it.
GUILTY . Aged 19. - Confined Six Weeks .
GEORGE WALLACE . I live in Union-street, Spitalfields , and am a pork-butcher . I was standing in my shop, on the 30th of December, about six o'clock; I saw the prisoner take this pork from a dish - I followed, and caught him about one hundred yards off; he had just got it into a bag - he said, "Pray let me go;" I said it was the third time he had been there.
GUILTY . Aged 43. - Confined Six Weeks .
RICHARD PROYER . I am a labourer in the employ of Mr. Chipperfield. I know the prisoner; he brought me a door about a month ago - I asked if it was his own; he said, Yes, and I bought it of him - he soon afterwards came and brought another; he came again on the 24th of December, and sold two, which he said were his own - these are the four doors - I set them at the gate for sale; the carpenter saw them, and knew them.
CHRISTOPHER COCKERTON. I am a builder , and have some houses in Clerkenwell . The prisoner had worked for me, and knew my houses; some of them were not finished - I am positive these doors belonged to my houses, and two of them were fixed; the prisoner had access to them.
GUILTY . Aged 32. - Confined Six Months .
453. ELLEN STEWART was indicted for stealing, on the 30th of December , 1 frock, value 10s.; 1 veil, value 1s. 6d.; 1 handkerchief, value 3s.; 3 caps, value 2s., and 2 collars, value 1s. , the goods of Elizabeth Wright .
ELIZABETH WRIGHT . I lodge at Mr. Jackson's, in Vere-street, Clare-market . On the 29th of December the prisoner came and asked for a lodging - she was to lodge in the same room, and sleep in the same bed with me; she took the lodging by the week - when I went home that evening she was in bed, and the property was in my band-box, except the frock, which laid on the box; I got up the next morning between seven and eight o'clock - the prisoner and the property were still there; she slept there that night, and must have taken my property the next day, or early on the Saturday morning, when she went out, and said she should return in two hours, but she did not; she was taken on the Monday evening, with the veil and handkerchief on, and this is my frock - she said she was a servant out of place, which I am also.
GUILTY . Aged 25. - Confined Six Weeks .
GEORGE LANDGRIDGE WILLIAMS . I have two houses building in Great Portland-place ; the prisoner was a labourer employed by the bricklayer - I found the timber myself, and saw from time to time that it was missing; I desired the builder to have a watchman employed every night - the prisoner was the first man employed to watch- I still found timber was going, and the prisoner told me he had run after several persons as far as Spikeman-court, but he was afraid to go in, and if I would lend him a gun, he would prevent it; I said I had an old gun, but begged him not to make any improper use of it; the timber still went - the prisoner was lately employed to assist my gardener, and from some suspicion I had him taken.
MR. WILLIAMS. I know this wood to be mine.
Cross-examined by MR. PHILLIPS. A. How do you know it? A. I know these pieces, which have been cut for particular purposes; some of the timber is old, and there are marks on it.
Prisoner's Defence. I lodged in a house belonging to Mr. Morphew, and I could not take any thing away without his knowing it - this wood my wife bought of a man in Tottenham-court-road.
The prisoner received an excellent character.
GUILTY. Aged 27.
Recommended to Mercy . - Confined Six Weeks .
OLD COURT. TUESDAY, JANUARY 10.
Second Middlesex Jury, before Mr. Sergeant Arabin.
SUSANNAH MURPHY. I live at Uxbridge , and keep a stationer's shop . On the 5th of December, about three o'clock in the afternoon, I was in my kitchen, on the ground floor, and saw the prisoner in my shop, drawing himself back from a stooping posture, with his hands in his breeches pocket; he appeared confused - I went and asked what he wanted; he asked if I sold varnish - I said No, and he went out; I looked at my till, and found it open - I had seen it quite secure five minutes before; I missed a box, containing half a sovereign, and about 14s. - I went to the door, but could not see him; I described him to Collins - he had a paper cap on; I am certain he is the man.
SAMUEL HENRY COLLINS . I live at Uxbridge. Mrs. Murphy described the man to me, as having a paper cap on; I went and saw the prisoner about sixty yards from the house - I followed, and secured him; he said he
Prisoner. Q. How far was I down the turning? A. About twenty feet, and I found the box down there in a garden.(Box produced and sworn to.)
Prisoner's Defence. As I went by the shop I saw a young woman come out; I went in to ask for mahogany varnish - she had none, and I came out; I went down a turning, which certainly is no through fare - I went for a necessary purpose, and as I came out the gentleman seized me.
MRS. MURPHY. There was no female in my shop.
GUILTY . Aged 18. - Transported for Seven Years .
The prosecutor did not appear. NOT GUILTY .
ELEANOR COLLINS . My sister, Frances McGurvie, keeps a clothes-shop in Moor-street, Soho . On the 3rd of January, in the evening, I was minding her shop -Sullivan came and asked the price of a cloth pelisse which hung at the door; I said 8s. - she then looked at a frock; my sister's baby began to cry, and I went to it - she asked if I was alone; I said Yes - she then went to the door, and called in Turner, who was standing at the window, and asked him if he thought the pelisse would fit her; he said she could not tell unless she took it down to try it on - he took it down, and tried it on her back; she then took it off, and gave it to him, telling him to hold it - she then went to look at a frock, and Turner ran out with the pelisse; I sent my sister's little girl next door for a person, and detained Sullivan - Turner was taken next morning; I am sure he is the man - we have not found the pelisse.
CHARLES LISH . I am a Policeman. I was called, and took Sullivan; she said she knew nothing of the pelisse, nor of the man, and denied calling him into the shop - she gave her address, No. 9, Bell-court, Gray's Inn-lane; I could not find that she lived there - she afterwards said it was No. 5; I found no money on her to pay for any thing.
Turner's Defence. I do not know where the shop is.
SULLIVAN - GUILTY . Aged 17.
TURNER - GUILTY . Aged 26.
Transported for Seven Years .
Before Mr. Justice James Parke.
EDWARD LONGSDALE . I am junior house-surgeon of Middlesex-hospital. The deceased was brought there on Wednesday, the 30th of November, about an hour after the injury; I found a bruise in the lower part of the back of her neck - it appeared to have been struck by somethink very hard, just over the spine; the skin was slightly grazed - it was such a bruise as was likely to be produced by a blow from a small hammer; she said she had a bruise on her arm, but I did not observe that - I desired her to remain in the hospital, but she would not; I saw her next day, and she complained of a numbness on the right arm, and great pain in the right leg, which I thought depended on the injury, and next day it was rather increased; she complained both days of great pain across the breast, and great difficulty in breathing - the pain in the neck where the blow was was very severe; she complaned of great palpitation at the heart - these symptoms will arise from a concussion of the spine, which a blow with a hammer would cause: on the third day she could not come to the hospital - I attended her at home, and found the symptoms aggravated: on the 12th of December she came to the hospital, and was transferred to the care of Mr. Sabine- I attribute all the symptoms to the injury.
Cross-examined by Mr. PHILLIPS. Q. Did she not appear in delicate health? A. She did not appear a good constitution - she would have had a better chance of recovery if she had come into the hospital; she lived two or three hundred yards off, and was able to walk, by leaning on another person.
GUSTAVUS ADOLPHUS SABINE . I am house-surgeon of Middlesex-hospital. I attended the deceased from the 12th of December till the 24th, when she died; in my judgment she died from concussion of the spine - the numbness of the arms continued; there was a great deal of swelling on the back of the neck - she could not walk when under my care; there was no paralysis of the lower extremities - I examined her body on the Monday; there was nothing to be observed at the examination - there are several cases of concussion of the spine when nothing has been seen at the post mortem examination; I attribute her death to a blow on the top of the spine - a blow from a hammer would be sufficient to cause the symptoms, and produce the concussion.
Cross-examined. Q. If in a struggle she grazed against a door, might not that cause concussion? A. If any hard substance struck her on the spine; she could have been attended to much better if she had come into the hospital at once - she would be seen much oftener.
COURT. Q. Have you a doubt of the cause of her death? A. None.
ELIZABETH VINICOMB . I live at No. 25, Nassau-street, Middlesex-hospital , in the same house as Mrs. Avins. On the 30th of November, between five and six o'clock, as I sat in my room I heard something fall; I went and looked up the stairs, and saw Mrs. Avins and Martin scuffling together - Avins was collaring Martin; I heard the door broken open, which made me go out - Mrs. Avius stood by their side; I did not see her after that - she dressed herself that evening, and went out with her son; I did not see any body strike her.
Cross-examined. Q. Was she not in a very ill state of health before this? A. She was a year and nine months.
WILLIAM GEORGE AVINS . The deceased was my mother. On the 30th of November, between five and six o'clock, I had a dispute with the prisoner about the staircase window - the prisoner insisted on having it shut, and my mother, on account of the smell of paint and oil-cans on the stairs, wished it open; I met Martin on the stairs that evening - he shut the window; I opened it as I went up, and in three or four minutes after I found it shut - I opened it again, and as I came back Martin's room door was open, and he said, "You b-y set of thieving b-rs, I will be master!" I think he was sober - he went on with his abuse; my mother came out, and intreated me to go away; I did so, but had not turned my back a moment, before I heard my mother cry out "He is murdering me! help me!" I was not a yard off - I turned back immediately, and found him in the act of shutting his room door - I pushed it with my hand; he immediately came out, and struck me on the head with a small headed glazier's hammer, which he had in his hand - he is a painter; the blow cut my head open, and stunned me; he was in the act of striking me another blow, when Mrs. Clark came up, and parted us: when I saw him shutting his door my mother was standing on the landing - she did not fall; I helped her into her room - I examined her neck, and found a great swelling as big as my fist between her shoulders; the skin was grazed at the top of the spine - she went to the hospital by herself; I went to the office for a warrant, and when I returned I found her in bed.
Cross-examined. Q. When your mother called out, did you hear a scuffling? A. Certainly; I heard nothing about his going to nail the window down with the hammer.
SARAH ANN CLARK . I live in the house, on the first floor, and the deceased on the third. I heard a cry of murder two or three times, and at the end of that I heard a child exclaim, "Oh my poor dear mother" - I did not go up then; I had seen the deceased between eleven and twelve o'clock that morning - I saw her return from the hospital on the next morning; her daughter had great difficulty to get her up stairs.
MARY CLARK . I live on the second floor, in the same house, but am not related to the last witness; my children called me to hear what was going on - I was in my room, and after a short time I heard words between the prisoner and Avins; I heard the deceased say, "You mean, pitiful wretch, you shall have it," and from the sound of footsteps and voices it seemed as if she left the landing, and went into her own apartment - I immediately heard a violent rushing at the room door; I heard two or three violent blows, as if knocking against the prisoner's room door, or against wood - there is a small lobby between the two doors; immediately on that Murder! was called three or four times - I went from my own room up stairs and then the whole party were in Martin's room -Avins had his hand on his shoulder; Mrs. Avins seemed to be pulling her son from Martin - I went between them, and said, "Forbear, what is all this for?" they attempted to strike each other - I never saw a hammer in the prisoner's hand.
Cross-examined. Q. You heard a rush, as if something was being knocked against wood? A. I thought so - I rather think it was a knocking against the door; the box of the lock has been loose ever since - it was not so before.
MR. LONGSDALE. If she had fallen against the edge of the door the bruise might have occured, but I should think then she would have struck her head; the flat part of the door could not have done it - it was a round circular bruise, and appeared to have been given by a hammer; if given by the edge of the door I should say the surface would be larger.
MR. PHILLIPS. Q. I suppose you would be more decided in your opinion if you had seen the door? A. Certainly; it might have been caused by any hard substance, the key or the knob of the door.
MARY CLARK. There is a knob to the door; I did not preceive any key - I am sure it was the deceased who called Murder!
GEORGE AVINS . Nothing was done against the prisoner's door while I was there; I heard no noise nor rattling - my mother was in her own room at first; she came out about five minutes after the abusive language - I heard no noise against the door at the time she called murder; I purshed my hand against the door, and when the prisoner struck me on the head I fell against his door - that was after my mother was struck, but the cry of Murder! was continued then by my little sister - I saw Mary Clark about five minutes after the transaction; she then came and washed the blood from my head.
MR. PHILLIPS. Q. Was you near enough to hear what your mother might say? A. Yes; I was excited at the language the prisoner used; my mother could not have called the prisoner a pitiful wretch without my hearing it.
Prisoner's Defence. I did not strike her with the hammer; I do not know how she received the blow, unless it was by the door, in the struggle between me and her son; it being dark, we could not see who was struck.
WILLIAM AVINS re-examined. When the prisoner abused me, my mother was in her room; she came out, and desired me to go away; I had no struggle with the prisoner till I attempted to open his door - I had left my mother talking to him on the landing, but had not got into my room, before my mother called out "He is murdering me;" he struck her he said, "The b-rs, I will do for the bl-dy lot;" I had no struggle with him till after my mother called Murder! I used no abusive language to him.
MARY CLARK. I heard Avins use one sentence of abusive language at the beginning of it, when the window began to be pulled; it was only one sentence, very improper to repeat.
GUILTY. Aged 30.
Recommended to Mercy . - Confined Six Weeks .
Before Mr. Justice Park.
ELLEN MAHONEY . At the time in question I lived in Oxford-buildings; the prisoner and I had lived together as man and wife - I went into Surrey to lay in, and had a child named Mary; the prisoner was the father of it - it was five weeks old: when it was a week old I came to lodge in Oxford-buildings ; the prisoner was in Surrey with me, and he remained there - when I had been at Oxford-street a month, he came there at half-past six o'clock in the evening, and staid all night - he had some liquor in the room, and got tipsy; I sat up with him till four o'clock in the morning, and drank some beer with him; I was not very sober - we both got into bed: the child was in bed with us: he then got up, leaving me in bed - we had quarrelled a little.
Q. What did he do? A. Nothing that I know of - he did nothing with a stick; I was examined before the Coroner.
Q. Did not you tell the Coroner that he struck at you with a stick? A. No; I was in the dark - I told the Coroner I could not see: I cannot read - I have not said he struck at me with a stick when I was in bed.
Q. Did you not say he struck at you with a stick - you did not know whether he struck the child, but you screamed out that he had killed the child? A. No, I have not said it - I did not hear the child scream.
Q. Was any harm done to your child that night? A. I cannot say whether it was during the morning, or whether it was him or the children - I took the child to the hospital in the morning as its arm was broken; I did not give it any blow - I did not know whether it was him or the children, as I took her out of bed, and put her into bed with my landlady's children; the child did not scream out, but I said, "John, you have hurt my baby;" he was drawing the stick in his hand, and it fell by the bed-side out of his hand; I then said, "John, you have hurt my baby," but I moved it to my side, and it went to sleep again; it died five days after - I went to the Middlesex-hospital: it was taken care of by the doctors there - its arm was broken that night by somebody; I cannot say whether it was by myself, the children, or him - I never had the stick in my hand.
Cross-examined by MR. PHILLIPS. Q. The child went to sleep after you heard the stick fall? A. Yes, quietly; it never cried after that - the room was quite dark; the landlady's eldest child is about twelve years old - I was not sober enough to remember what I did; I had some gin about half-past five o'clock, before I came home, and had beer at home; the prisoner is a well disposed man when sober.
MARGARET CARROLL . I keep the room in which the witness lodged; I knew the prisoner by the name of Gower- he came to my room on this day, and we all slept in one room; I sat up drinking with them, and went to bed about half-past one o'clock: they went to bed at the same time: I was not tipsy - there are two beds in the room, and my four children slept there; they did not beat the child - the prisoner and Mahoney had been jawing - that awoke me; the prisoner wanted to go out to his employ about half-past seven o'clock in the morning, and she would not let him; I had locked the door, and told him the key was on the box - he asked to have the door opened, and asked for his neck-handkerchief; I heard a violent blow on the bed, and the baby screamed out immediately; Mahoney said,"John, you have killed the child;" he returned, and struck a light, to look at the child - I had said to her, "Why do not you get up, and get the man his neck-handkerchief to go to work?" he said, "I have left my wife and family, you ****, and neglected them for your sake - you have given me something to drink, which compels me to follow you;" he said if he did not get his neck-handkerchief, he did not care if he hung at Newgate; I cannot say what he meant; when he found the baby's arm was broken, he ordered her to go to the hospital, to be taken care of; he said something about a ****; I got up, and lighted a fire - he laid hold of the stick in his hand, and wanted to strike her again with it, but I laid hold of him, and prevented him, and the father of my children also, who slept in the room; they went out together, leaving this child in bed with my children.
Cross-examined. Q. When he found the baby's arm hurt, was he not very sorry? A. He was, indeed, more so than the mother; I did not see the blow given myself - the mother aggravated him very much indeed, and put him in a passion; he begged her to let him go to work, but she would not - I was sober: the prisoner appeared found of children.
CAROLINE LEAHY . I live in Oxford-buildings, but not in the same house. The woman brought the child to me on the Sunday night - I noticed its arm had a bandage on it - it had a dreadful cough; it died at my house about four o'clock on Wednesday morning.
Cross-examined. Q. Did not its lungs appear very bad- was not it coughing and sneezing? A. Yes.
EDMOND SHEPPARD SYMES . I am surgeon at Mount-street infirmary. I was present at the examination of the child's body, which was conducted by Mr. Howship, before the Coroner sat - the only mark of external violence was a fracture of the left arm; we found bile effused in the cavity of the abdomen, and a small rupture in one of the ducts which convey the bile from the gall-bladder to the intestines - the vessels were all healthy; on one side of the brain there was a slight fullness - the fracture of the arm was recent; the child appeared to have had proper nourishment - I cannot form a distinct opinion of the cause of death, as such slight causes will produce death in children; the appearances found were sufficient to cause death, and they certainly proceeded from violence; if it was hit with a stick, though under the clothes, those appearances would he produced, the bile and other appearances, as well as the fracture.
Cross-examined. Q. Did you examine the lungs? A. I did - I could not tell whether it had had a cough; children of that age are liable to a hundred ailments, that after death the appearances would be equivocal; the fracture continued, but I could not say whether the arm had been set - there was no bandage on it, and it was too recent to expect union to take place; there was no external appearance on the arm - it is exccedingly possible that the fracture could be produced without, but I should expect some mark.
COURT. Q. Would not the probability be more in favour of non-appearance of marks, the child being under bed-clothes? A. Certainly, but it might have had marks- the mere fracture would not produce the appear
JOHN HOWSHIP . I examined the child - a blow given on the Led-clothes certainly might have caused the appearances; a stick like the one produced, used by a powerful man like the prisoner, would be likely to produce external marks; but under the bed-clothes it would be much less probable - I cannot give a positive opinion of the cause of death, but the appearances cannot be doubted to be sufficient to explain it - such appearances could searcely be produced without external violence - I apprehend if blows were given in the front of the infant, it would be more likely to have produced the appearances.
Cross-examined. Q. Death might have originated in a great many things? A. It might, certainly, in so young an infant; it is probable a drunken woman in bed with the child might account for the violence - I should not expect to find external marks on the arm - I had a man under my care, whose leg was carried away with a cannon shot and the other broken, and there were no external marks; I am disposed to think an infant's body is not more likely to betray marks - I consider the fullness of the vessels of the brain unimportant.
Prisoner's Defence. I paid every attention to the child from the time the mother was put to bed, till I went to her lodging by appointment, and know nothing of what is laid to my charge; the man of the house went out with me and his wife to a public-house, and the child was put into their bed with their children for four hours.
GUILTY . Aged 35. - Confined Eighteen Months .
Second London Jury, before Mr. Recorder.
JOHN PRICE CARDEN . I am a cheesemonger , and live in Old 'Change . On the 3rd of January the prisoner was brought into the shop with this goose, which was taken from the window; I had seen it there two minutes before.
MUNSON SAYER . I live next door to the prosecutor. About two o'clock in the afternoon I was at my door, and saw the prisoner lurking about the prosecutor's shop; he went to Carter-lane, then returned, and crossed over just as the cart was coming by - I saw him take the goose off the board, and turn into a passage - I went and asked what he was doing with that; he said, "I am a poor man without a home, for God's sake let me go;" I detained him.
GUILTY . Aged 56. - Confined Six Months .
GEORGE WILLIAM COGGINS . I am groom to Mr. Burrows, of Bishopsgate-street. On the 3rd of January I saw William East go into a stationer's shop in Threadneedle-street , to deliver some wine, leaving his cart at the door; I saw the prisoner cross over from the other side of the way, and take the coat from the cart; I ran and collared him with it on his arm.
WILLIAM EAST. I am carman to Mr. Jarkson, a wine-merchant. I had two dozen of wine to deliver at Mr. Rudyman's; I delivered one, and when I came out for the other my coat was gone - Coggins had the prisoner in custody.
Prisoner's Defence. I was walking along; a young man ran by my side, and threw a bundle at the side of my feet - this young man came and took me in charge.
GUILTY . - Transported for Seven Years .
MR. PHILLIPS conducted the prosecution.
SAMUEL JOHNSTON . My place of business is in Addle-street ; I am a woollen-factor . On the 8th of June the prisoner called and told me that old Mr. Kohlbeck, the tailor, of Castle-street, Leicester-square, was in want of a cloth and kerseymere, and upon that representation I gave the prisoner a cloth and kerseymere to take there -I did not know Mr. Kohlbeck's person, but knew him to he a tailor and a highly respectable tradesman; I saw the prisoner a few days afterwards, and spoke to him about the goods - he said they were gone to the clothworkers, and the lengths were not settled; I saw him frequently, and at last pressed him to bring me the particulars of the measure of the cloth - he brought them, making a deduction for short measure and damages; which he said the cloth-worker had deducted, and I gave him a settled invoice, amounting to 24l. 17s. 6d., and a bill for Mr. Kohlbeck to accept for that amount; he returned me the bill, and said old Mr. Kohlbeck had accepted it - I am certain he said that; I believe he never named him without calling him "Old Mr. Kohlbeck;" I paid it away - it has never been paid - this is the bill which I drew, and which he brought me back accepted (looking at it.)
Cross-examined by Mr. STURGEON. Q. You have been here before on this case? A. No - I prosecuted one Sykes last Session, for talking out my goods, and unlawfully pawning them: he was not convicted - I did not ask for my expences; I took the prisoner to Worship-street, and he was dismissed - I never trusted him with goods after that; I lent him 2s. at Worship-street, on the 5th of November, out of humanity - I have no recollection of being in the same public-house with him; he did not drink with me - I know Pope, a tailor: I did not go to Pope with him since this - I sent a cloth there by a porter; I believe I have never been in his company since - he appointed to meet a person at the Woolpack, in Hart-street, and I took him there; I cannot say whether I drank out of the same pot as him there, but should think not, as I gave him in charge - I told the Magistrate at Worship-street, that I occasionally employed him on jobs as a porter; (looking at some letters) these are my hand-writing; I never pawned any goods in the prisoner's company, nor has he pawned any by my direction - I have goods in pawn, which were pawned by him without my consent.
Q. Was not this an accommodation bill? A. No, I gave value for it - I got the acceptance probably five or six weeks after parting with the goods; I was promised a bill for them - I visited the prisoner in the Compter, as I
COURT. Q. Was the bill drawn for the amount of the goods, and no more? A. Exactly - I drew it on Mr. Kohlbeck; I only knew the prisoner as a porter, and would not have trusted him - I never divided profits with him.
GEORGE KOHLBECK . I am a tailor, and live in Castle-street, Leicester-square - I have lived there ever since 1772, with a innster, and since 1792 on my own account; I am eighty years old. I never sent the prisoner to Johnston for any goods, and never accepted a bill drawn by Johnston for cloth - I did not know Johnston till this trancaction; the acceptance to this bill is not my writing - it was presented for payment; I did not pay it - I did not know Cleasby.
Cross-examined. Q. I believe your son robbes with you? A. He has resided with me, but he is not always there; his Christian name is Charles Henry - I do not think the signature to the bill is like the hand he commonly writes; I do not think he honours a bill if he gives one - he is about thirty years old; I never paid a bill accepted by him to my knowledge.
JOSEPH HORTON . I am an officer. I apprehended the prisoner at the Woolpack, charged with forging this bill; he seemed very much affected, and said he had been made a dupe of by a man named Sykes - he has been in custody ever since; he traversed this indictment last Session.
MR. STURGEON addressed the Court on the behalf of the defendant, and called
WILLIAM SCHOFIELD SYKES . I was tried here last Session, for stealing two pieces of cloth from Mr. Johnson - his Lordship stopped the case, and Mr. Phillips, I believe, threw up his brief; I have instructed my attorney to bring an action against Johnston, respecting that indictment, but he advised me to stop till this prosecution was over - that was three weeks ago; no writ has been taken out, as I had not got the money; Johnston stated to me that he had received a bill from Cleasby, drawn on Koblbeck, and it was not paid - this was at the corner of Bunhill-row.
Q. At any other time did you hear any thing? A. I saw the prisoner and Johnston at the Bird Cage, where the bill was drawn; I was reading the paper at the time, and heard them talking about a bill on Mr. Kohlbeck - it was not mentioned whether it was young or old Kohlbeck; I did not hear it.
COURT. Q. Then you do not know whether he described it as drawn by old or young Mr. Kohlbeck? A. No, I do not.
MR. STURGEON. Q. Did Johnston use any expression about the bill? A. So many expressions have taken place between Johnston, me, and Cleasby, that I really cannot recollect; our business was altogether - Johnston has said,"I don't want this person to know this - and the other to know that;" he employed me and Cleasby to sell his goods in different parts of the town for cash, as there were so many bills coming due; and he took care never to have any body present but us.
COURT. Q. Did you ever know him deliver goods to Cleasby, to bring him the money for them? A. I have known him deliver him goods to sell where he could, for cash or bills; he has sold to different people at Shadwell, and I have seen them divide the profits - I know the goods in question were at Read's, the cloth-worker, in Dudley-court, Silver-street; Cleasby told me they were pawned there - I never knew him employed as a porter; if he was going to the west-end of the town he has brought a cloth for Johnston, and I have done so for him; these letters are addressed to me - Cleasby got orders for goods, and sometimes Johnston let him have them on sale or return - he used to deal with me in the same way; I have seen them divide the profits.
MR. PHILLIPS. Q. Where did they divide the profits? A. At the Bird Cage, Wood-street; I had a good opinion of Cleasby.
Q. If he has said you made a dupe of him, should he be believed? A. Certainly not; if he said so it is a deliberate falsehood - I always acted honestly to him and the prosecutor; I know Johnston so well, he is capable of any thing.
MR. WILKINSON. Johnston has not paid me the bill, but he has given me security for it.
The following are the letters which were read.
September 18, 1831.
MR. SYKES, - Now pray do your best to-morrow; I am sure you would if you knew how much depends on it - if we can but retrieve the mischief Cleasby has done this time, another chance of living will be left - return as soon as you can, for I am all anxiety; see that Cleasby is provided with the amount of the cut he bought yesterday, as also the black so long standing; you know it is not only the Basinghall-street concern, but another bill will return to Leeds on Tuesday, unless you provide part of the money - get in all unsold goods, whether in your hands or Cleasby's, and let us have a fair start again. The Petershams he wants are ready - I shall be in the City in time to send them out. S. JOHNSON.
To W. Sykes, Esq. September 21.
SIR, - I found myself so unwell this morning I did not go out, and had I gone it would have been eastward and not after you - I complain, as usual, that you act as if you considered it my whole duty and business was to attend on you; you must think I am anxious to know what is going on, and had you stopped five minutes, or gone five yards out of your way, I should not have thought it a great compliment; I got only 7l. from Jack, and was obliged to borrow at three places - I shall be at your house at nine o'clock, as usual. Did Cleasby bring in the cash, as you said he would, for that old black and the cut? if Gasden is to be paid, why not now, while it is so much wanted, and lays by him idle; I hope Thompson's goods are returned as well as Jones' and others, who have them to give an answer - quarter-day is at hand, and the things at Chelsea will be lost. Pray do not start in the morning again and leave me in ignorance - when you are obliged to do so, write.
Another letter was read, in which the prosecutor complained that the defendant was always avoiding him, and giving directions respecting goods.
GUILTY . Aged 25. - Transported for Seven Years .
Fourth Middlesex Jury, before Mr. Common Sergeant.
GUILTY . Aged 16. - Confined One Month .
THOMAS WOOD . I live with the Earl of Romney, in York-street, St. James'-square. On the morning of the 10th of December I saw the prisoner near his house - he took from his hat a pewter pint pot, put it under his arm, and then into his pocket - I opened the door, and took him- I sent for Mr. Phelps, who took two pots from the prisoner's pocket, and one from his hat.
GEORGE COLLEY . I am a Police-constable. I apprehended the prisoner and was present at his trial, for stealing pots, at Guildhall, Westminster, on the 1st of September, 1831 - I have the certificate of his conviction.
GUILTY . Aged 21. - Confined Six Months .
HENRY HOWELL RAGLESS . I am shopman to Mr. Edward Burry, woollen-draper , Oxford-street . On the 1st of November the prisoner came between four and five o'clock, produced this written card, and said he came from Mr. Mulford, and wanted five yards and a half of blue cloth to pattern - I got down two pieces, and gave him patterns of them - he went away, returned in about ten minutes, and said Mr. Mulford would have the one at 11s. 6d., but he wished the bill to be made out for 16s, as a gentleman was waiting, and he did not wish him to know the price; I let him have the goods mentioned on this order.
The order being read, was addressed to Mr. Ebury, not Burry.
MR. MULFORD. This is not my writing, and is no resemblance of it.
NOT GUILTY .
The order not being correctly set out in the indictment, the prisoner was ACQUITTED .
467. SUSANNAH SMITH was indicted for stealing, on the 5th of December , 8 shirts, value 2l. 10s.; 5 tablecloths, value 15s.; 3 handkerchiefs, value 3s., and 2 spoons, value 12s. , the goods of Joseph Walker .
JOSEPH WALKER . I am an upholsterer , and live in High Holborn . The prisoner was in my service about three months, and left me on Monday, the 5th of December; I told her about five o'clock, that day, to look up things for the wash; when she had done so I missed her -I searched among the linen, and missed, among others, the articles stated in the indictment, and one silver tablespoon; she came to my house three days afterwards, and I gave her into custody - she delivered the duplicates to the officer.
DAVID FRAIL . I am in the service of Mr. Aldridge, a pawnbroker, in Orange-street. I have three shirts, a handkerchief, and three table-cloths, pawned at different times by the prisoner; the last was a shirt, on the 14th of November.
(Property produced and sworn to.)
GUILTY. Aged 35.
Recommended to Mercy - Confined Three Months .
468. JOHN FINLAYSON was indicted for stealing, on the 4th of January , 18 gallons of brandy, value 27l., the goods of Thomas Lucy and another, and then being in a certain boat, in a certain port of entry and discharge, called the port of London .
ALEXANDER LUKE . I am a constable, stationed at the West India Dock . On the morning of the 4th of January, before the usual time of opening the gates, the prisoner came to me at the gate, and asked if he could get out; it was then about ten minutes past seven o'clock in the morning - I asked him where he came from; he said from the dock, where he had been all night watching the Princess Vittoria - I said that ship did not want watching; he then said he had been watching a craft alongside of it - I said"What is in it?" he said brandy - I said that was Mr. Lucy's; he said Yes, it was - I asked what he gave him for watching; he said two shillings - he kept shaking, and said he was so cold; I said, "I hope you have not brought any brandy away" - he said No, and took off his hat; I felt a gimblet in his side-pocket, - I then searched him - I found on him a tin tube, a handkerchief tied round his body, and a bladder fastened to it, containing five pints of brandy; I said "you have plundered your charge;" he said "It is only a little drop, take no notice of it;" I said I must, and took him into custody - I went to Mr. Dunbar, who went with me into the boat, called the Charles, by the side of the Princess Vittoria; there were ten pieces of brandy in it - I found a spile in one, the size of the gimlet which I found on the prisoner; I took the brandy to the dock, where it was guaged, and eighteen gallons found to be deficient - I then went on board of the Maria, which also laid along side of the Vittoria, and found some skins of brandy under her head-sheets, and some under her stern-sheets; there were eighteen gallons and a quarter of brandy in all, which seemed to be part of the same quantity.
THOMAS LUCY . I am in partnership with my brother. The lug boat the Charles belonged to us; she was sent to receive ten puncheons of brandy on account of Mr. Dunbar - it was alongside of the Vittoria, and was to go on board of that vessel; the prisoner was never in our employ, nor appointed to watch that boat - the West India docks are considered a part of the Port of London, by a clause in the last Act, which I have here.
JOSEPH SPARKS ELLIOT . I am a locker in the Customs. I was at the rum wharf of the West India docks, on the 2nd of January; I guaged ten puncheons of brandy to be shipped on board the Vittoria; No. 29 had one hundred and eleven gallons in it, and No. 33 had one hundred and twelve gallons - I was present on the 4th of January, when they came back to be re-guaged by Mr. Russell, and I chequed them; in No. 29 was a deficiency of nine gallons, and in 33, nine gallons also; they had been in the lug boat, by the side of the Vittoria.
Cross-examined. Q. Were they of the same quality as near as could be? A. There might be two or three tenths difference in the strength.
JOHN WILLIAM RUSSELL . I am a guager in the Customs. On the 4th of January I guaged No. 33, and on the day following No. 29; there was a deficiency of nine gallons in each; I tried the brandy found in the skin, and that taken from the bulk, there appeared a difference of about 1 1/2 per cent. between that and the bulk - the shifting it from vessel to vessel would account for that; I have known it lose 2 per cent., by racking and by evaporation.
Cross-examined. Q. In drawing it off it is exposed to the air? A. Yes, and I imagine that it will lose strength by that; there might be some exposure to the air if it passed through the tube - it might not be a close fit, or the bladder might not be closed tight.
JOHN FOY . I am principal of the Police at the docks. On the morning of the 4th of January Luke brought the prisoner to my office; I made him no promise or threat -I asked where he got it from; he said he had it from a craft of brandy he had been watching for Mr. Lucy, in the Export-dock, along side the Princes Vittoria; I asked if he had any more - he said he had not, that he was going to take it home, and no other person had been concerned with him; I suspected that more might have been extracted, - I desired Luke to make a search, and they produced in all, eighteen gallons and a quarter, in eleven bladders.
Cross-examined. Q. Are you sure he said it was his own doing? A. Yes, he persisted for four or five hours in the same story; a person could take that quantity of liquor out of the vessels, but such a thing has not occurred for a length of time, as it is very difficult to do it.
GUILTY of stealing five pints only . Aged 35.
Transported for Seven Years .
Before Mr. Sergeant Arabin.
JOHN CRONK. I am a broker , and live in Bartholomew-close. On the 19th of December, between eight and nine o'clock, I went to Whitecross-street, and in turning into Beech-street, to go home, I saw several girls; the prisoners were among them - they took hold of my arms, one on each side; I was not quite sober, but had all my faculties about me - they said I should walk with them; I said I had no money to treat them - they said that made no difference; I had my watch and pocket book with me, and I am quite sure they were safe when they took hold of me- I had felt them just before; they took me to Golden-lane, and then to Blue Anchor-alley , when they tried to drag me up a dark alley; I became frightened, as I thought they were going to get me burked - I struggled to get away; they scuffled with me, and took my watch and my pocket-book - I did not feel them taken, but I missed them, and accused them of it; Smith ran away immediately - I took hold of Roberts; I sent for an officer, and gave Roberts in charge - I described Smith, and she was taken.
ROWLAND SWAN . I am a serjeant of Police. A boy came for me; I saw the prosecutor, who said he had been robbed of his watch and pocket-book - I took charge of Roberts, and found Smith in King's-court, about thirty or forty yards off; she had run into a house - I went up two pairs of stairs, at No. 6, and found her sitting by the fire; I found the watch in the court close by the door she ran into.
HENRY COLEY . I am a Policeman. The two prisoners were brought to the station-house, and put into the cell; I heard Roberts ask Smith what sort of a plant she had made - Smith said an excellent good one, that she had run up the court, planted the watch under the balustrades, and covered it over with dirt - the book she have in the house, then run up stairs, and asked the woman whether she took in caps to wash, and said there was something lost in the court - that she ran in for fear of being taken, and threw her bonnet off, that she might appear as if she lived there.
Smith. The Magistrate asked him how he could swear to my voice, when there were others in the cell. Witness. There was no one in when they were talking.
WILLIAM CURTIS . I am a shoemaker, and live in King's-court. I heard a disturbance, and went down stairs; I kicked against this book, and took it to my father, who took it to the station - Smith had passed the place.
ANN GRIFFITHS . I live in King's-court - my husband is a butcher. On the night the watch was stolen Smith rushed into my room, which is up two pairs of stairs - she was quite a stranger; she said, "Mistress, for God's sake, don't say any thing - there is something lost, and I am afraid I shall be taken up;" I went down stairs, and left her standing in the room - I went up just afterwards, with the Policeman, and saw her sitting by the fire, with her bonnet off.(Property produced and sworn to.)
Roberts' Defence. I met this young woman - she asked me to go to a person who used to wash caps for her; we went on, and met this gentleman - he asked if we would take him home; he said he had no money, but he would
SMITH - GUILTY . Aged 18.
ROBERTS - GUILTY . Aged 16.
Transported for Fourteen Years .
470. JOHN SMITH was indicted for stealing, on the 16th of December , 2 saws, value 15s.; 3 planes, value 14s., and 1 screw-driver, value 1s., the goods of John Lane; and 1 saw, value 1s. 6d.; 4 planes, value 26s.; 1 rule, value 1s.; 3 punches, value 3d.; 2 chisels, value 6d.; 2 gimblets, value 2d.; 1 bradawl, value 1d., and 1 pair of compasses, value 3d , the goods of William Bugdon .
DANIEL KALLER . I am a labourer. On the 16th of December I was working on Mr. Cubitt's premises, in St. Pancras - the men who lost their tools were at work for him; they went to dinner, and I staid there - I saw two men coming out of the premises, a little after twelve o'clock, and getting over the fence which is round the enclosed ground; the prisoner got over, and the other man handed the basket of tools to him over the fence - the prisoner took it; I caught him about four hundred yards from the premises - the other man got away.
GUILTY . Aged 25. - Transported for Seven Years .
GEORGE PROCTER . I am a plumber - the prisoner was my errand-boy ; he conducted himself well - he received money on my account. On the 20th of December I was in the King's Bench, and sent him to Rachael Saxon , to receive 2l. 15s.; I never received any part of it; I was in the Fleet, and sent him from the Fleet for it - I went there on the 6th of November, but I kept my establishment up as well as I could.
Cross-examined by MR. PHILLIPS. Q. Were you in the King's Bench or the Fleet? A. The Fleet - I have had no quarrel with the prisoner; I have had his sister in prison for robbing me - she was tried in this Court, I believe, two Sessions ago; she was a servant of mine - I have no wife - the prisoner did not sleep at my house while I was in confinement, nor for two or three months before; he had slept at my house, in the same room as I did - there was one bed in that room, but occasionally there was one made for him; his sister slept with me.
NOT GUILTY .
472. ELIZABETH PICKETT was indicted for feloniously receiving, on the 3rd of December , 2 caps, value 5s.; 1 collar, value 20s.; 7 yards of net, value 1s.; 2 nightcaps, value 5s.; 15 yards of lace, value 70s.; 1 pair of stays, value 30s.; 7 shifts, value 30s.; 2 petticoats, value 7s.; 1 pair of drawers, value 6d.; 3 pairs of stockings, value 3s.; 1 pair of socks, value 9d.; 2 night-gowns, value 2s.; 6 napkins, value 6s.; 6 cravats, value 9s.; 1 table-cloth, value 1s.; 1 bag, value 1d.; 1 pillow-case, value 6d.; 1 towel, value 1s.; 4 cloths, value 3s.; 1 pinafore, value 1s.; 1 jacket, value 1s., and 1 shirt, value 1s., the goods of Henry Watson , well knowing them to have been stolen ; against the Statute, &c.
MR. CLARKSON conducted the prosecution.
HENRY WATSON . I live just by Southgate - my wife takes in washing. On Wednesday, the 30th of November, I went to bed about eight o'clock, and saw the linen in a basket and two tubs, partly wet and partly dry - some of it was in water; I was alarmed at two o'clock in the morning - I came down, and found the house broken open, and all the linen gone, both wet and dry.
ELIZABETH WATSON . I am the prosecutor's wife. On the night of the 30th of November I had a great quantity of linen to wash, and some of my own; there was a quantity of wet linen in the basket, which I and my daughter had washed through that day, and there was some in water- among them were the articles stated in the indictment; they are now here; they were washed, ready to go home the next day - when I got up the next morning the linen was all gone; the window had been taken quite out - the linen was marked when I lost it, but when I saw it again some of the marks were picked out, and some cut off.
Cross-examined by MR. PHILLIPS. Q. Whose property is it? A. Mr. Jones', Mr. Butler's, Mr. Bright's, and Mr. Salisbury's.
COURT. Q. We understand the washing was completed? A. Yes, they had only to be dried and ironed.
JOHN CAMP . I am a constable of Edmonton. I got a warrant to search the prisoner's house, in Claret-street, Edmonton. Mead found most of the property in the house - I stood against the door, and saw him go into the front room, take a pair of stays from the fire, and say,"This is what I am looking for."
Cross-examined. Q. How was the door of the house? A. It was open, and the prisoner stood against it, looking out - I went in directly.
JOHN MEAD . I am constable of Enfield. I went on the 3rd of December to search the house with Camp - I went into the front room, and found this pair of stays, hanging by the fire drying - I asked the prisoner who they belonged to; she said, "They are mine;" I said, "Then you are my prisoner;" I searched the house all over - I found the flooring, at the bottom of the house, was hollow; it is raised six or seven inches - I opened a door under the stairs, and put a stick under the floor; I felt something there - I then laid down, and dragged these articles out in this bag, which was nearly full: these are the articles - some of them have had the marks picked out, and some cut off; I found this cloth full of articles besides.
Q. Was there any wash-house? A. I do not remember any; there is only one room up stairs, and one down; I think I saw two children in bed; a man, she cohabited with, came out as I went in - I will not swear that she was not at the next house.
(Property produced and sworn to.)
BENJAMIN AYLIN . I was with Mead, and went round the house to prevent any one from escaping - there were four shifts, nine towels, and several other things hanging round the room on a line, and several things were found up stairs, on a second search.
"The linen found in my house by the constable was brought to my house to wash by two men whom I knew by sight, but I did not know their names; I am a widow - I rent the house in which I reside, and no person lives with me but my children; the men, on leaving the linen, said they would fetch them on the following Saturday; they brought them on Friday night, the 2nd, and I was apprehended on Saturday morning.
GUILTY . Aged 27. - Transported for Fourteen Years .
There was another indictment against the prisoner.
473. ELIZABETH LIDDELL was indicted for feloniously receiving, on the 3rd of December , 5 cravats, value 5s.; 2 shifts, value 4s.; 1 pillow-case, value 6d.; 3 glass-cloths, value 6d.; part of a table-cloth, value 6d., and part of 2 shifts, value 6s., the goods of Henry Watson , well knowing them to have been stolen ; against the Statute, &c.
MR. CLARKSON conducted the prosecution.
ELIZABETH WATSON . I am the wife of Henry Watson Our house was broken open on the night of the 30th of November - the property that was found at the last prisoner'swasnotall I lost; I have seen some other things since, and the marks have been cut out and picked out of them, the same as the others; it was taken from my house by burglary.
Cross-examined by MR. PHILLIPS. Q. Whether the marks were taken out by the person who stole these things you cannot tell? A. No.
JOHN MEAD . I am constable of Enfield. I went to the prisoner's house on the 3rd of December - I found a great quantity of linen there; this is it - here are five cravats and other things; Mrs. Watson has selected some part of it, which she knows; some of it was in the washtub, some on the backs of chairs, and some on the washingform; there are from thirty to forty articles in all.
Cross-examined. Q. Were they in the room into which the street door leads? A. Yes; the house is in a court, and as soon as I opened the door, these things were there.
JOSEPH FORSTER . I am a constable. I was present at the search of the prisoner's house: I found this top of a lady's shift in an old saucepan, by the side of the fire, covered with water; it forms a whole shift with this other part, found by Mead.
MRS. WATSON. This shift is one of the articles lost from my husband's house; it belongs to Mrs. Jones, of Hackney- it had her name on it, but it has been picked out - it was whole when I lost it; here is a table-cloth torn in half - it was whole when I lost it; here are some glass-cloths, with the name cut off.
Prisoner's Defence. It was brought to my house just as it is - I did nothing to it.
GUILTY . Aged 26. - Transported for 14 years .
There was another indictment against the prisoner.
HENRY WINDER. I am in the service of Mr. John Crawley , a silk-mercer , in Oxford-street . On the 10th of December the prisoner came into his shop; a lady had just bought a pair of gloves - I put them into a piece of paper for her, and the lady complained that they were gone; the prisoner was near the place where I had put the gloves, and I saw a bit of the paper under her shawl - I accused her of having them; she said they were things she had bought - I took them, and found they were the gloves which I had sold the lady; the prisoner had not bought any thing - we told her we should charge an officer with her; she said "Do," or else we should have let her go - she offered to pay for the gloves.
Cross-examined by MR. PHILLIPS. Q. Did you see her searched? A. I did, and no property of ours was found on her; she said she had picked them off the floor- the lady had paid 3s. 4d. for the gloves, and I delivered them to her.
Prisoner. I begged him to let me go.
NOT GUILTY .
JAMES STONE . I am gamekeeper to Mr. De Burgh; he keeps fancy fowls. On the 24th of December I saw them all safe in the pheasant-house about three o'clock in the afternoon; it was then dark - I went again on Sunday, the 25th, before day-light, and as soon as it was light I missed six fowls - these are two of them; I have no doubt the persons had got up one side of the pheasantry, and got in at the roof - the prisoner is a labourer , and lived at Harmondsworth, about two miles off.
Cross-examined by MR. LEE. Q. Was it not dark when you left them on Saturday? A. Yes; they went to roost early - there was a place for the fowls to get out at, but I could see a man's footstep inside; I was standing just outside the door when the constable and my master found these fowls dead in the prisoner's bed - I do not know whether the house belongs to him or his mother, but he slept there.
JAMES BAKER . I am constable of Harmondsworth. On the day after Christmas-day I went to the house; I have known the prisoner ever since he was a boy - he was over at the public-house; I told him he must go along with me, I had a warrant to search his house; he said he had not the key of the house - I said, "But the place where you sleep" - he said he could get in there; he took the key, and opened the door - Mr. De Burgh told me to stand at the door while he got a light; he then told me to go in and search the place while he stood at the door - I went in; the bed was just by the door - I found in it these two fowls, which I brought out, and gave to Mr. De Burgh.
Cross-examined. Q. Do you not know that the place belonged to his father and mother? A. The house belongs to his mother - his father is dead.
THE REV . ROBERT LILL DE BURGH. These are my fowls - they are pheasant bantains; there are none such within fifteen miles of my place - the keeper gave me informa
Cross-examined. Q. Will you undertake to swear that the woman never goes into the residence of her son? A. I do not know who pays the rent, but I know that the barn is to all intents and purposes the son's residence, and he confessed to me that it was his residence - I do not know that he is a poacher; I do not believe he ever took any of my game.
GUILTY . Aged 26. - Transported for Seven Years .
Third Middlesex Jury, before Mr. Sergeant Arabin.