SIXTH SESSION, HELD AT JUSTICE HALL, IN THE OLD BAILEY, ON THURSDAY, THE 5th DAY OF JULY, 1832, AND FOLLOWING DAYS.
TAKEN IN SHORT-HAND,(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 Stephen Gaselee , 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; John Ansley , Esq.; Samuel Birch , Esq; John Thomas Thorp , Esq.; and William Venables , Esq., Aldermen of the said City; Newman Knowlys , Esq., Recorder of the said City; Sir Peter Laurie , Knt.; Thomas Kelly , Esq.; and Sir Chapman Marshall , Knt., 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 Justice of the Gaol Delivery of Newgate, holden for the said City, and the County of Middlesex.
KEY, MAYOR - SIXTH SESSION.
First Middlesex Jury, before Mr. Justice Gaselee.
1418. HENRY OTTER was indicted for feloniously breaking and entering the dwelling-house of Charles Locker , on the 22nd of May , at St. James, Clerkenwell, and stealing therein 1 coat, value 1l. 5s., his property .
JOSEPH COLLIS . I am a glassman, and live in Saffron-mews. On the evening of the 22nd of May I was in White Lion-street, and saw the prisoner walking up and down with another person - I saw them try several doors and windows; I saw them at Mr. Locker's house - the prisoner went to the door, but did not at that time succeed in opening it; it is a half-hatch door - he went up and down two or three minutes, then returned, and looked through the window; he then went to the door, and put his arm over the half-hatch door; it appeared to be fast, as he had pushed against it before, and it did not open, but when he put his hand over he appeared to undo something; there is a spring lock inside; the door then opened, and he went in; the other person waited for him at the corner of the street - before he went in he had but one coat on, and when he came out he had two on; I crossed over very swiftly -I collared him, and charged him with taking the coat; he said he had bought it for 10s. in that street - I pushed him into a public-house to secure him, and then took him to Mr. Locker's house; he appeared to have a difficulty in opening the door at first; it was fastened with a spring latch - the street door was open, and the half-hatch door shut - the street door was within the batch door; I took him into the house, and sent for a constable, who came.
DANIEL HUGHES . I am a constable of Pentonville. I was passing by, and saw a crowd at the door - I went up; Mrs. Locker asked me in, and the prisoner was given into my charge - Collis had the coat, and gave it to me.
CHARLES LOCKER. I live in White Lion-street, Pentonville, in the parish of St. James, Clerkenwell - I rent the house. I went out about twenty minutes to seven o'clock on the 22nd of May, and returned about nine or a quarter before - this is my great coat; I saw it my house that day, hanging about two yards from the street door, behind the parlour door - I left my wife and apprentice in the house; there is a spring catch inside my hatch door; it is a secret spring.
[July 5.] GUILTY - DEATH . Aged 18.
Recommended to Mercy by the Prosecutor on account of his youth .
Third Middlesex Jury, before Mr. Justice Gaselee.
1419. WILLIAM JONES was indicted for feloniously breaking and entering the dwelling-house of Samuel Levy , on the 3rd of July , at St. Martin in the Fields, and stealing therein 1 watch, value 5l, his property .
SAMUEL LEVY . I am a general dealer , and live at No. 2, Hemming's-row, in the parish of St. Murtin in the Fields . On Tuesday last, the 3rd of July, I was in my shop - the glass in my window was then whole, and this gold watch laid a good way in the window - I did not hear the window break; it is plate glass - but in a quarter of an hour I found a pane of glass broken and pushed in; I missed the gold watch - I did not see any body take it; I went into the street and saw three suspicions young men standing at an oyster-stand, nearly opposite; I went in, and got my hat - when I returned they had dispersed; I went after the Police of our division, but there were none on duty for two hours.
Q. Did you know any of the three men? A. I discerned one with a green coat and yellow buttons on, and two boys with round jackets; I wrote down the particulars of the watch, and sent down to the Police, offering 5l. reward for the apprehension, and on Wednesday night Thomas came to me - I went next morning to Walter's, the pawnbroker, saw my watch, and knew it to be the one I had lost.
Q. Had you seen any of the three young men before? A. Frequently; I have seen the prisoner three or four times a week - I do not know whether he was one of the three, for his dress is changed since - he is just the same size; I know him from his passing, and being continually at my window - I cannot say whether he is one of those who stood at the oyster-stall; I described the dress like person had on.
Q. Had you seen the prisoner before on that day? A. Not before I saw him at the oyster-stand, if he was there -I gave 5l. for the watch; it is worth that.
Prisoner. Q. Why did you not take me instead of going for your hat? A. I went out to look for a Policeman to take them - I believe the oyster-man was
JOHN ROBERTS . I am shopman to John Walters, pawnbroker, of No. 106, Aldersgate-street. I have a gold watch. which was brought to our shop on Tuesday, the 3rd of July, by the prisoner - I think it was a little after two o'clock - he offered it in pledge in the name of William Jones ; I lent him 2l. 10s. on it - I did not know him before; he was dressed in a green or a brown coat, with gilt buttons; I have seen him once since at Bow-street office -I should not have sworn to him had I not every opinion of his being the man, that is my own judgment - I asked him one or two questions, and gave him a duplicate, which Shields, the officer, has - (looking at it) - this is it.
THOMAS SHIELDS . I am a Policeman. I apprehended the prisoner last Wednesday afternoon, in Holborn, on another charge - I took him to Covent-garden station-house, searched him, and found the duplicate produced in his trousers pocket; I have had it ever since.
SAMUEL LEVY. This is the watch I lost.
Prisoner's Defence. My Lord and Gentlemen of the Jury, - My father was a respectable attorney, residing at Ludlow, Shropshire - I was committed to this prison last Thursday, with but a shilling and a few halfpence; my friends, if I have any, live at that distance from town - I have not had it in my power to send to them to come forward; I lived with Mr. Porter, No. 23, Lancaster-place, Burton-crescent, as clerk, and served him faithfully till nearly the time of his decease in 1829, and gave him 50l. security for the money he might have in my hands - I got none of that back; but when my father died he left me 300l., and his wife, who was not my mother, left me 400l.; I have had many expences to pay out of the money, and money was paid to me during my minority: my father died eight years ago - since I left Mr. Porter I lived with Mr. T. Burgess, of Curzon-street, May-fair, and had not left him more than six weeks, since that I had money from different friends in town, and have been in expectation of another situation. As to the charge of breaking the window, the prosecutor says quite wrong; I never had a green coat on, and never was seen at the oyster-stall opposite his shop in my life; if I had had money and time to bring witnesses to character, I could prove it is the first time I was ever arraigned at a bar of justice; I hope you will take it into your merciful consideration, that though the witness swears I pawned the watch, he says I had a brown coat or some such colour, but if I could have brought witnesses forward, they could prove what dress I have worn for twelve months; as to my pawning the watch, he must be quite under a mistake, and I am convinced Levy is totally wrong in his charge against me - I never, to my knowledge, was near his shop: knowing the consequence of such a crime, do you think I should commit myself in such a manner, for so trifling a thing? I have had watches of my own, but being reduced, have been compelled to sell them, and should have waited a little longer before I took to such means as this, having been brought up in quite a different manner.
[July 7.] GUILTY - DEATH . Aged 25.
Recommended to Mercy by the Jury and Prosecutor, believing it to he his first offence .
1420. LEVY DE SIZER was indicted for feloniously assaulting a man called Ismael , on the 29th of May , at St. Mary Matfellon, alias Whitechapel , putting him in fear, and taking from his person, and against his will, five shillings and I penny, his monies .
ISMAEL (being a Mahometan, was sworn on the Alcoran, and gave his evidence through an interpreter.) I am boatswain's mate on board the Golconda Indiaman. On the 28th of May, at eight o'clock, I found the dock gate locked when I went to it, and was going to Gold's house, in Dock-street; I met with a female, who asked if I wanted her; I went home with her - she desired me to sit down; she went out and got a light, and after that I gave her 3s. - she lighted a candle: I cannot say where she brought it from - as soon as I paid her 3s. she went down stairs; three men then came up, and I asked them what business they had with my woman - one of them lifted up the poker, and asked me what business I had there; I said, "Give me my money back, and I will go away directly;" one laid hold of me on one side, and the other on the other, and dragged me out of doors - the prisoner is the man who took my money out of my pocket and put it into his mouth.
Q. When did he do that? A. When they got me outside the door; he took five shillings and a penny - I took hold of him, and held him till the watchman came up: as soon as I called for the watch the other two ran away - they had laid hold of me by each arm.
Q. Had either of them a stick? A. No, the prisoner had the fire poker.
Q. Was it in his hand when the watchman came up? A. No, he had left it in the house - I had 9s. when I left my ship; I had spent all but 8s. 1d. when I met the girl.
Cross-examined by MR. WALESBY. Q. Have you more names than one? A. No; the girl addressed me in broken English; I understand a little English - I was not walking with the prisoner when I met the girl; she took me into a room alone with her - she went down, and up came these three men.
Q. Did you not call out to the prisoner, "See me down stairs - don't let me be thrown down?" A. No, all I said to him was, "Give me my money back, and I am willing to go;" all three of the men laid hold of me, and dragged me down by force.
STEPHEN MORTIMER . I am a Policeman. I was on duty in Essex-street, Whitechapel, on the morning of the 29th of May, and heard a cry of watch - I went up, and saw the prisoner holding the prosecutor by the collar- they were scuffling; I took him: he made resistance, and tried to get away - I heard the footsteps of about two more men, but it is rather a dark place, and I could not see them: I searched the prisoner at the station-house, and found 2s. on him; I could not understand the prosecutor's language, but seeing the prisoner pulling him about I took him - I went up stairs in the house, and saw the girl the prisoner lives with is the girl the prosecutor gave the 3s. to; I took the prosecutor to the room, and there were four girls there - he could not point her out, but he tapped her on the hand, and she immediately gave me the 3s.
Cross-examined. Q. What time was this? A. About four o'clock; I swear the prisoner was scuffling with the
Prisoner. Q. Where did you take me? A. In the court in Essex-street; you did not say "Don't ill-use me, and I will go quietly;" I did not take out my staff at all.
Prisoner to IsMAEL. Q. Did you spend any money with the female? A. No - I bought some bread and beer with 1s., but spent nothing with the girl.
Prisoner's Defence. I am quite innocent. I lived with my father and mother for upwards of ten or eleven years, and have been in service at a butcher's; I work very hard for my living; and how could a man who knew himself rob such a man as that of so little as 5s.? I worked from morning till night to earn money for my father and mother.
One witness gave the prisoner a good character.
[July 11.] GUILTY - DEATH . Aged 21.
Second Middlesex Jury, before Mr. Justice Gaselee.
MESSRS. ADOLPHUS and PHILLIPS conducted the prosecution.
ELIZA BAKER . I lived in the prisoner's service nearly six months; I left him about two months ago, and Sarah Smith succeeded me; I remained two or three days in the house after she came - the prisoner is a cabinet-maker , and lived at No. 398. Oxford-street; he had a workshop in Dean-street, for his business, as a cabinet-maker - there was a vault adjoining the kitchen of the house in Oxford-street .
Q. Was there, to your knowledge, any wood or shavings kept in the kitchen? A. No, not in the kitchen, not to my knowledge; there never was while I was there - there was some kept in the vault adjoining: the kitchen is separated from the vault by a partition: I cannot say whether it is of wood or brick work; there is a kitchen door and a partition which separated the vault and wash-house from the kitchen, and the wash-house from the vault; some time before I left I purchased a penny worth of gunpowder, and used half of it to cleanse the copper flue - I put the other half into a tin flour dredger on the kitchen mantel-piece, and when I left the service it was in the same place as I had put it; I had not scattered the gunpowder about the place - I left on the Wednesday: the fire happened on the Monday morning following; I had bought the gunpowder, to the best of my recollection, about a fortnight before I left, but I am not certain - I know I left the dredger on the mantel-piece when I left, but I never opened it after I put the gunpowder in it - I observed no difference in the appearance of the box than when I placed it there; I believe I had half an ounce of gunpowder for 1d., but am not certain; there was a wine-bottle on the kitchen mantel-piece in the opposite corner to where the dredger-box was placed - I saw that some time before I left, and the prisoner told me the bottle contained torpentine; it was very seldom indeed that there was a fire in the kitchen - master used sometimes to bring home work from the cabinet-shop to dry - he used to dry it by the parlour fire; there was a ledge near the kitchen window; an old dirty tin canister used to stand there, but I do not know what it contained; I never knew the prisoner go out to shool while I was in his service - I never saw a gun there.
Cross-examined by MR. CLARKSON. Q. Is this model a correct representation of the house? A. Yes; the prisoner's wife kept a tobacconist's-shop, which was over the kitchen, and the place over the vault is Mr. Spier's, a stationer - the deceased occupied the second floor front room; a French gentleman, named Savory, lived on the first floor - Miss Twamley's rooms were over both the tobacconist's and stationer's shop; a French gentleman, named Giesmar, lived on the third floor - the prisoner and his wife slept in the lower back room; the fire place in the kitchen is against the brick wall - next to that was a copper, and next to that a large box; the staircase led up into the parlour, adjoining the shop - there was a door opening to the kitchen stairs, which led to the wash-house; that door was arched with a brick roof - there was another door leading from the wash-house into the vault; I think that back vault was arched with brick, but am not certain - the dust-hole was close to the vault door, on the left-hand- there was a coal place parted off at the further end of the vault; a person, named Davis, occupied the back room on the first floor, and to that room were some leads - Miss Twamley also occupied the back room on the second floor - they had three rooms; I slept in the back attic - Miss Twamley's rooms were not let furnished, the others were; the room, occupied by the prisoner and his wife, was furnished - not very long before I left some shavings were brought to the prisoner's house, by rather a short man; the prisoner was not at home when they came, but he came in soon after - there was but one sack of shavings; they were placed in the vault - when the prisoner came home he wished for another sack, which was brought, but his wife would not pay for them.
Q. Did he complain of their being put into the vault, and say they should have been carried to Dean-street? A. I did not hear him say so, nor that they ought to have been taken to the shop; I bought a pennyworth of gunpowder once before to clean the copper flue - to the best of my knowledge the shavings were in a sack, whether the sack was left with them I cannot be certain; I used a great part of them to light the fire - the prisoner said I ought not to have used them so fast; he was not particular in cautioning me about fire - he used to be very careful in putting the fire out at night; there was a lump of bees'-wax in the kitchen.
Q. Did your master tell you the turpentine and bees'-wax were not to be touched by you, because it was got to polish a bedstead? A. Yes, a French bedstead, in the first floor front room - he told me not to upset it; before I left he had proposed to clean out the vault below.
Q. I believe the dirt, rubbish, and wood in the vault, and the communication between that and the kitchen, kept your kitchen very untidy? A. It did - I was desirous of keeping the kitchen decent; he told me it would be of no use to clean the kitchen till he had cleaned out the vault, and I delayed it from the Friday till the Monday; I dare say that was a week before I left: the vault was not cleaned out while I was there - I did not clean the kitchen on the Monday, to the best of my recollection; Davis very frequently came home late: master generally kept early hours; he used not to set up for Davis, but used to get up to let him in latterly, as the room he slept in was so very near the door; master and Davis were not on good terms:
JURY. Q. Was the work he brought home to dry finished or partly so? A. It appeared partly finished; the first gunpowder was all gone before I bought the second.
HENRY CADDEL . I am light-porter at Mr. Applegarth's, No. 36, Oxford-street. On Monday morning, the 28th of May, about twenty minutes past six o'clock, while I was opening Mr. Applegarth's shop, which is exactly opposite the prisoner's, I heard a cry of fire and murder proceeding from the other side of the road; I saw a hand through the area grating of Mr. Smithie's house - I went over; it was the area grating under Mr. Spier's (the printer) shop; the eastern area - I saw the prisoner in the area under the printer's shop; he asked me, for God's sake, to open the grating and let him out, as the house was on fire; I endeavoured to do so, but could not get up the grating; it was solding down to the pavement - I called for assistance, and got Bolton, a Policeman, to help me; we broke the tobacconist's shop door open - it was fastened with a lock, but not bolted; we did not perceive any thing in the shop - there was no fire there, but when we got to the door, which leads to the kitchen stairs, the flames were coming up the kitchen stairs and proceeded up the stairs like wildfire, they proceeded so quick; the flames came from the bottom of the stairs, from the kitchen - I then retreated into the street; I did not see any flames on the stairs, but when I was at the front area I saw a kind-of flame through the place where Mr. Smithies was standing; it seemed to come from the part under the printer's shop, the back vault: that was when I first went to Smithies - he was at the area, (under Spier's) and in the vault I saw the fire, not in the kitchen, it was at the further part of the vault - that flame was quite distinct from that which came up the kitchen stairs; the fire from the kitchen changed its colour as it got more towards the door; the flames went right up the stairs of the house with more rapidity than before; they were not quite at the top of the stairs at first, but they proceeded right up the other stairs, right up to the top - they were coming out of the second floor and the garret windows in about ten minutes; I went into the street from the top of the kitchen stairs, and observed the females at the window; the servant was at the garret window - she jumped out of the second floor window, and was saved; I saw one young person at the second floor window, who was afterwards burnt to death - she came to the window to get herself out, but previous to that she put a little boy out; the child hung by the window ledge, but she pushed its hands away, it fell down and was caught by the people below; she then clasped her hands together, and fell back into the flames - she seemed overcome with smoke and suffocation; I did not know her before - I stopped at the fire about an hour; the prisoner came out of the tobacco-shop, which was on fire, as soon as the little boy was thrown out of the window: the flames had then communicated with the tobacco-shop; I observed that he was very much burnt on the face and hands - he said nothing that I heard; when I saw him in the area he had a greyish morning gown or coat on, and he had the same on when he came into the street.
Cross-examined by MR. BARRY. Q. How many persons were before the house when you went up? A. None, I was the first there - there is a window leading from the area to the vault under Spier's shop; the area has pretty strong iron bars - I saw his face when he called out to be got out; it did not then appear to be burnt or scorched - I should think about three minutes, and not more, elapsed from that time till we broke into the house and reached the stair head; he did not beg of me to knock at the door or break it open.
Q. Did he tell you to alarm the house, as there were five or six females in it, who might be burnt? A. No, he did not; the Policeman went half-way into the shop with me, but he went out again - I was the only person at the head of the stairs; I could not venture down the stairs because it was all on fire at the bottom part; the fire continued to burn up the staircase - the prisoner made his way up the stairs into the shop; he could not have done so without being burnt in the face - his face presented the appearance of having been considerably burnt.
Q. When standing outside the area, and the prisoner was calling out for help, you saw a flame at the back of the vault, how far back do you think the fire extended? A. I cannot say, but I suppose it was a good distance back, for I was on my knees - I should suppose it presented about a yard to my view; it appeared to be about a yard from the back of the vault - I have been down there since the fire; there is a partition between the front and back part of the vault, and a door, but the door was open- it was broad day-light.
Q. Is there a door from the kitchen to the front area, where the prisoner was? A. I do not know; there is a little archway, but there was no door when I went down; when I looked from the area I could see right along the vault under Spier's shop - I only saw a flame at the end of the vault when I was kneeling down; I saw no candle there - when the prisoner came out of the house his neckcloth was burning; I did not see a box in the kitchen when I went down.
MR. ADOLPHUS. Q. When you went into the house at first was the flames coming up the kitchen stairs? A. Yes, but not in the shop; the shop was the last place that caught fire - the flames were out at the window before the shop caught fire; I should think I was there not quite a minute before the Policeman came - he was on the other side of the way, two or three doors lower down: the prisoner was then in the area, desiring me to get him out - if I had got him out that way he would have been totally unburnt; the fire in the vault could not communicate with the kitchen, nor could fire in the kitchen with the vault - when I went down there was an arch between the kitchen and vault, but there was no door.
JURY. Q. Then, according to your observation, there were two distinct fires, one in the vault and the other one coming up the staircase? A. Yes.
Q. Did you observe whether there were any in the wash-house or front vault? A. In the wash-house or kitchen there were none - I occasionally lighted the fire with the shavings: I used to get them out of the back vault - on the Sunday evening before the fire I observed two sacks of shavings placed in the front vault or washhouse - the coal-bin is in the back part of the back vault; I went to it on Sunday morning, about eight o'clock - I had no light with me; I am sure at that time there were no pieces of wood in my way to it; there was nothing but shavings - about three o'clock that Sunday afternoon I left the back attic, in which I sleep, and left the prisoner in the room; I went out, and returned about twenty minutes past five o'clock - I went down into the kitchen, in a few moments after I went down to the kitchen again, and saw the prisoner in the vaults - he was clearing out the old boards and boxes, and he had put the shavings into two sacks; he had on an old pair of trousers, an old coat, and a blue handkerchief tied about his head - he had no light at that time; the door between the vault and kitchen was shut then, I am sure - there had been a fire in the kitchen all day on Sunday, till seven o'clock in the evening; it then went out - there had been no fire in the kitchen the preceding week, except on Saturday afternoon- there had not been a fire there at any other time, while I was in the service.
Q. After the fire was out on Sunday at seven o'clock, did you observe what remained in the grate? A. Dirt and cinders; there was no wood; I did not see the prisoner remove any thing into the kitchen, but I afterwards saw old boards and boxes removed out of the vault into the kitchen: they were on the copper and dresser, and on the large box, which stood between the copper and watercloset; nobody but the prisoner had been at work in the vault; I was in the kitchen for the last time at eleven o'clock; at night - I did not then observe any sack of shavings in front of the box between the copper and watercloset; if there had been one in that situation I could not have avoided seeing it: I observed over the kitchen mantel-piece a tin box - I did not meddle with it at all. On the Saturday afternoon before the fire there were two wine-bottles on that mantel-piece, one contained spirits of turpentine, and the other was empty; the turpentine was in a full sized wine-bottle, and was full - it stood on its bottom; I took it down and smelt it on the Saturday, and replaced it on its bottom, as it ought to be - it was corked; I do not recollect whether I saw it on the Sunday, but I saw it on the Saturday afternoon - I went to bed on Sunday night as near twelve o'clock as possible, and left master and mistress in their bed-room - he was then in the same dress as he had been working in in the morning; Davis had not come in when I went to bed; I had not seen him - I left a saucepan of clean water on the left hob of the kitchen grate, and the tea-kettle on the right hob, with some water in it, but not quite full - I left them so when I went to bed; there was a very strong smell of turpentine on the stairs between ten and eleven o'clock that evening, and I made a remark to my mistress about it.
Q. After you corked the turpentine bottle on Saturday, and placed it on the shelf, did it give any smell that you could smell on the stairs? A. Oh no, I am quite sure of that - when I went to bed on Sunday night I am positive there was not a particle of fire either in the kitchen or parlour grate; there had been no fire in the parlour - I was awoke about six o'clock on Monday morning, by an alarm of fire; I got into Miss Twamley's front room, and there saw the Miss Twamley who has been burnt; she was then alive, and in perfect health - I flew to the window, and jumped out into the street.
Cross-examined by MR. CLARKSON. Q. On the Sunday night you left your master and mistress in their bed-room, apparently good friends? A. Yes; there was a tin box and a dredger box on the mantel-piece - the former servant told me there was some gunpowder in the box, and cautioned me about it - I never touched it; I occasionally lighted the fire with shavings - they were loose in the vault then; when they were brought out they were in the wash-house in two sacks; I never saw the bees'-wax - when I came home at five o'clock on Sunday afternoon master had a light in the vault; he was in the further vault, where the coals are kept - there was no access for light but from the door leading from the wash-house to the kitchen: it was necessary for him to have a light to work in that vault, but in the morning he might have removed the rubbish without a candle, if the doors were open, because the front of the wash-house window faced the door - the kitchen window is under the tobacco-shop, and the wash-house window under the stationer's-shop.
Q. Could it not be done with greater facility with a light? A. Yes it could; the coals were at the further end of the vault.
Q. Supposing your master was at work on Monday morning in the back vault, and had a light, the door leading from the wash-house being open, would a person looking down the grating from the street see the light in the vault? A. He might just see the glimpse of the light in the wash-house, but not the candle from whence it came.
JURY. Q. Were the shavings brought into the house while you were there? A. No.
MR. PHILLIPS. Q. Did you ever know your master go to work in that vault in the dress in which he walked the street? A. I never knew him go down to the vault before the Sunday; he did not then wear the dress he wore in the street - I did not see him on Monday morning.
HENRY CADDEL re-examined. Q. You say that looking through the area, through the place where the prisoner was, you saw a light - what sort of a light did it appear? A. It seemed to come along the floor; it was a light of a greater body than a candle.
MR. CLARKSON. Q. Could you see the body of any light at all? A. No, only the end of the flame; it came along the floor part of the vault - I saw the light itself; it was a lightish flame - it was not the reflection; I suppose
SAMUEL DAVIS . I was apprenticed to a cabinet-maker, but now carry on the business of an auctioneer - I lodged in the first floor back room in the prisoner's house from fifteen to eighteen months, and very frequently came home at late hours; the servant occasionally let me in, and sometimes Mrs. Smithies, and on some occasions the prisoner himself. On Sunday night, the 27th of May, I came home about half-past eleven o'clock, or it might be later; the prisoner let me in - he was dressed in a Bath morning coat, a kind of grey or drab colour - I never saw him at work; I have seen him walk about in that coat - when I came in I went down stairs; the prisoner gave me a candle - I merely said I required a light to go down stairs; he gave me one, and followed me down: I was going to the water-closet, which lays to the left at the bottom of the stairs as you go down; I did not observe any thing till he desired me to be careful of the light, as there was wood and shavings there, he having been clearing out the kitchen to put some veneers and other work there, as his workshops where he worked were considerably too hot for them - I remarked that was rather an unusual thing for a workshop to be too hot for cabinet-maker's wood.
Q. Is it to the advantage of wood used in that work to be kept in a hot place? A. Decidedly so, the hotter the place the dryer it keeps - he did not reply to my observation that I remember; nothing more passed before I got to the water-closet: when I was in the water-closet he hurried me to come out, saying he wanted to come there himself, and when I came out he did not go there himself, but followed me up stairs; when I got up stairs I went to bed- I was awoke in the morning by the alarm of fire; I found my bed curtains on fire, and escaped on the leads of Mr. Spier's premises - about ten days or a fortnight before the fire the prisoner and his wife were quarrelling; he was asking her for something, which she refused to give him, and he said if she did not give him what he wanted by good means, he would have all, and she should have nothing left.
Q. Where did you go when you descended from Spier's leads? A. When I got down into the yard off the leads, Mrs. Smithies was there with me; the prisoner came there while we were both there, and I think there were several persons in the yard, who probably might hear what took place - on the prisoner's coming she said to him, "You wretch, (or you rascal, I do not remember which) you have not been in bed all night; you have set the house on fire on purpose to murder me;" the prisoner replied,"Hold your tongue you foolish woman - don't you see how I am burnt." I follow the business of an appraiser; the furniture in my room all belonged to them, except a chest of drawers; I have occasionally been in the front room first floor, and in the room they themselves lived in; I have been in the kitchen, and in the room on the staircase between the first and second floors: I should estimate the furniture in all those rooms at 60l. or 70l., that includes the room the prisoner and his wife slept in - I never saw any watches or trinkets in his possession, nor china, glass, looking-glasses, or earthenware, except a few trifling articles belonging to domestic use; every thing I observed there was of the most common kind - there were one or two common paintings; I never saw any pictures worth 30l. nor 30s. - there were the common necessary house fixtures, and a few things in the shop, belonging to the business; I should think them altogether worth from 15l. to 20l. or 25l.
Q. Was there any possibility of their being worth 100l.? A. Decidedly not; when I saw the prisoner in the morning speaking to his wife, he had the same dress on as he let me in in the night before.
Cross-examined by MR. BARRY. Q. Do you carry on business in Soho-square? A. Yes; the premises and business belong to my father - I am not a partner; I may be considered in his employ - I do not know that I am on bad terms with the prisoner: there has been occasionally a pique, owing to some expressions he used towards me, not that I used towards him - I had been in his debt for rent, but I paid him a week previous to the fire.
Q. But had you not been in arrear for rent, and been asked for it? A. I may have been repeatedly in arrear -I have been asked for it, and named a day when I would pay - I may have been asked two or three times before I have paid it.
Q. At any time have you said, you had that in your possession, if you were pressed for the payment of rent, which would ruin the prisoner? A. No, I swear that - I can tell to what you allude; I paid my rent, and asked for an acknowledgment, and the prisoner gave me one on unstamped paper for 7l.; he asked me for the money again a few days after - I told him I had an acknowledgment; his remark to me was that what I had was of no earthly use - I never said I had that in my possession which would ruin him and his wife; I told him if he persisted in demanding the money, I had that in my possession which would not benefit him, but to show my principle of honor, to convince him I had no improper motive, if he would give me a stamped receipt I would burn the other; I did not pay the 7l. again; his wife gave me a stamped receipt after that, and before her face I burnt the unstamped one; I have more than once desired time of him for rent which was due; I never threatened to ruin him and his wife by exposing the circumstance of the unstamped paper.
Q. How long did you remain in the water-closet? A Some few minutes - I cannot say how long, not longer than was necessary.
Q. Were you not there half or a quarter of an hour? A. Certainly not; I had a newspaper reading there - he did not complain when I came out that he was cold and chilled, and was going to bed; I was not there longer than I had occasion to be - I do not know Thomas Strong; I was examined before the Corner.
Q. In consequence of what any body said to you after the examination, did you say you had given your evidence in a prejudiced manner? A. They questioned me about my evidence; I said I had spoken nothing but the truth, and I was not answerable to them what evidence I gave before a person holding His Majesty's warrant; I said if there was prejudice, it was sufficient to prejudice a man to awake and find his bed-curtains on fire, and it did not matter whether a man cut your throat or burnt you, if he took your life, it was quite sufficient to prejudice any individual; I do not recollect saying I would not stir across
Q. You say you found your curtains on fire, did you stay some little time in the room and secure some of your clothes? A. No, I got out on the leads, put my hand in again, drew a drawer out of the top chest, and threw it out of window; I cannot say whether Mrs. Smithies came out at the same window after me - I have asked her if she came out before or after me, but do not remember the answer she gave; some persons said she came out before, and some after, but I was so frightened I have no recollection whether it was before or after: I had not my senses about me sufficient to know - I had the presence of mind to get my drawer of clothes, but my senses after that immediately left me.
Q. May you not have been in that state of alarm as to be mistaken about there being actually fire in your room? A. I was awoke out of a sound sleep by my bed being actually in flames, and it was visible outside the window, for I really did not stop to look till I got out of the window, and it was that frightened me more - I never particularly noticed, but should think the large box is about four feet from the water-closet, and beyond that is the copper; as the prisoner stood at the bottom of the stairs he held a light, and told me to be careful of the light with some shavings that were at the bottom of the stairs, and to mind I did not hit myself against some wood by the door of the closet; all the people did not leave the Inquest room before I left.
MR. ADOLPHUS. Q. When you burnt the unstamped paper was any rent due by you? A. I paid some more money at the same time, and took a stamped receipt for the whole, and burnt the unstamped receipt; I slept on the night of the fire with my bed-room door wide open, as I generally do - the window in my room opens into the back yard of a workshop; it was through that I made my escape.
MR. BARRY. Q. How many rooms in the house have you been into? A. The front room first floor, which is Savory's, and the small room behind, over the prisoner's bed-room; I have never been in his bed-room, but have looked in frequently as I was passing, when the door was open.
Q. Were the fittings up of the shop mahogany? A. I think they were only painted to imitate mahogany, but will not be sure; the prisoner's wife attended to the shop.
COURT. Q. Repeat the expression his wife used to him after the fire? A. She said, "You wretch (or rascal) you have not been in bed all night; you have set fire to the house on purpose to murder me;" I am quite sure she said "on purpose to murder me" - other persons heard it as well as me; I am quite sure I stated the words "to murder me" to the Coroner - I remember stating them; when I mentioned the words at the Inquest I heard somebody start up and say, "We heard that expression as well as yourself;" Valentine heard the expression from that person - I have no doubt the Corner heard it as well as others.
MR. PHILLIPS. Q. Was Mr. Allen, the vestry-clerk, present when you gave your evidence? A. Not that I remember - I do not remember speaking to him; the conversation with the prisoner's wife was four or five minutes after I had got down from the window; I had quite recovered myself, so as accurately to remember what passed- I suppose ten minutes had elapsed.
WILLIAM MOAKES . I am fireman to the British Fire-office, and have been so thirty-seven years. I went to this fire I think between eight and nine o'clock on the morning in question; on the Wednesday, about eleven, I got down into the kitchen, by a fireman cutting a passage through one of the joists of the shop floor - I went down alone; I did not observe any veneers about the fire-place: there was a good deal of rubbish which had come down between the copper and the fire-place - that was the ruins of the fire; it had not come as far as the fire-place; a man named Wing handed me a light, and I went through the front vault into the back vault, and against the coal-bin I saw there had been a fire made on a short piece of board; the board was nearly two feet long, and eight inches broad.
Q. Why do you suppose there had been a fire on that piece of wood? A. There was the remains of wood which had been burned - I left it there; it was near the coal-bin- the bin is made of brick and mortar, and has two boards at the bulk head, and those boards were burnt, but not much- there was a partition to the coal-bin, and that was burnt, but not much; I discovered a wine-bottle on the top of some large stone bottles - it laid down without any cork, and the bottom upwards; it was empty - I smelt it, and it appeared to have contained turpentine; I then called Wing down, and he smelt it; I sent him for some of the neighbours to come and see the place; I stopped there, without disturbing any thing, and showed them round the place with a light - I went to the kitchen fire-place; there was a kettle with water in it on one hob, and water in a saucepan on the other - there was nothing particular in the fire-place; I found a card at the end of a board on which fire had been made; there was also a few shavings and a little gunpowder - some of the gunpowder was on the card, which was a little bent, and some on the wooden bench.
Q. How was the card bent? A. Longways, and some of the gunpowder was scattered near the shavings, not a foot from them - the shavings and card were about four feet from the board on which the fire had been; I did not move the card at all - there is no fire-place nor grate in the back vault; it was impossible for fire in the kitchen grate to communicate with the board in the vault on which fire had been made; the vault is separated from the kitchen by a brick wall - I did not go towards the watercloset, but a man named Saunders did, and dug up some shavings beyond the copper - I took hold of them, and part of a sack was found; I felt the bottom of it myself - it was about two feet beyond the copper, between that and the water-closet; some of the shavings near the card appeared scorched, not as if they had been on fire, but as if there had been a flash, and they had gone out themselves; the shavings were not above a yard from the card.
Cross-examined by MR. CLARKSON. Q. The shavings that were scattered were between the copper and the water-closet? A. No, that was the sack; those shavings were in the back vault - there were a great many workmen on the premises; I left on Tuesday, and went again on Wednesday - I was not examined before the Coroner; I did not communicate to my superiors what I had discovered, only to the neighbours.
Q. Was there a more unlikely place for a man to set fire to a house than to commence in a bricked vault? A. If he had put all the shavings and all the stuff together there he could not have set it on fire; it must have burnt itself out - it was impossible to set fire to a house there; I really believe if there had been two sacks of shavings there it would not have set the house on fire.
JURY. Q. Could a person see from the outside into the back vault? A. No; they could not have seen fire in the vault if they had laid on the pavement - they might have seen the smoke or a particular light from the area by laying their head down to the curb.
MR. CLARKSON. Q. In your judgment, was it possible for a person to see a light from the area grating, or must it have been the reflection only? A. It must have been the reflection only - they could not have seen the light; by laying down they might have seen fire, but there was no fire there to see.
COURT. Q. You have said there was the appearance of there having been fire - if a person laid down with his head on the curb-stone could he see a fire if there was one? A. He might.
MR. CLARKSON. Q. The gunpowder in the vault was not ignited? A. No - I have not got it here; I took some of it up, held it over a lamp, and it ignited - that never could have been lighted before; there could not have been any thing like a large fire in the back vault - a person laying his head on the curb, and looking through the grating and the door of the vault, if there had been a candle, might have seen the reflection of it, but not the candle - if a fire had been attempted in the vault it must have extinguished itself immediately; it could not have burnt five minutes - my notion is, that if a fire had been attempted to be made in the vault, it had failed and gone out: there was a great deal of fire in the kitchen - the back vault is quite a dark cellar, and could not be cleaned out without a light; some of the boards which had been put up to the coal-hole were partly burnt but very trifling; the boards are three or four feet long, and seven inches wide - there were two of them, one above the other: I have not brought any of the shavings which were partly scorched; there were a good many stone bottles in the vault, but it was a wine-bottle I mentioned, and I only saw one - that was the only bottle which was free from dust; the kitchen was in a heap of ruins - they were above the flooring of the shop.
Q. Then they must have been above the copper? A. Yes; I had to clear away all the ruins before I could discern any thing, and under the ruins I found some shavings- shavings would burn best loose; if stuffed into a bag they would be like a piece of timber almost, and would take twice the time to burn; I could only find one winebottle in the vault; I do not know whether the kitchen has been searched for bottles - one side of the copper was clear, and by the fire-place it was all clear when I got down through the rafters - there was no rubbish laying between the copper and the front of the street; not a soul had been clearing away the rubbish before I went - I looked at the fire-place; I believe there might be two or three sticks of what they light the fire with in the grate - I saw a few in the grate; it was such wood as is in bundles for lighting fires - I did not examine it, and cannot say whether it had been lighted.
Q. Were there six or seven pieces? A. I cannot say; I know there were three or four: it seemed as if there had been a fire in the grate, and it had gone out - the fire was not laid; the wood was not in the grate, it was at the top of the grate, by the side.
Q. Will you swear there was not wood between the bars of the fire-place? A. I do not know - I would not wish to say a word untrue; there might be two or three pieces, but I took no particular notice - to the best of my knowledge there were two or three pieces of wood in the fire-place, but not in the bars, to my knowledge; I will not swear none was in the bars - I did not go to look for it; no broken glass was found in the kitchen, to my knowledge - I saw no broken bottles among the ruins.
JURY. Q. Were the shavings in the sack? A. I only felt the sack - it was the bottom of a sack; the shavings lay on the top of it, as if they were in it, as if the sack had been burnt to the bottom with the shavings in it.
MR. PHILLIPS. Q. Were the stairs much burnt? A. They were all burnt; I cannot say whether shavings had been strewed about the stairs - the wine-bottle appeared to have been recently placed where I found it; it was quite clean - I found no door between the wash-house and back vault, nor any candle in the back vault.
EDWARD SAUNDERS. I am a fireman of the British Fire-office. On Monday, the 28th of May, I attended at the prisoner's premises in Oxford-street - I was the first of our men who got there; the house was burning rapidly -I have been a fireman twenty-nine years; it was a brick built house - it was burning in the usual way a fire does, when once it gets ahead; when it was out I got up to the one pair back room; the second floor was consumed, and had fallen on the first on a slant, and I there saw the body of a woman very much disfigured; the legs and arms were burnt, some part off, every bit of the hair was burnt, and the head very much burnt - there was nothing but a mass of burnt flesh; I should think suffocation had caused the person to fall backwards - the body was burnt to a cinder; I have no doubt that body was burnt to death - I saw the same body before the Coroner's Jury; I went down to the kitchen with two or three others on the Wednesday, and observed all the kitchen utensils and chairs, and a quantity of kitchen furniture; it was all a mass of ruins - there were rubbishing boxes and old chairs, which I turned out of one arch into the other; after taking the shovel and clearing away the ruins, as I came to furniture I chacked it into the eastern arch - I went out of the kitchen into the vault; there is a door-way, but I do not think there is a door - I went on from there up to the end of the vault; there is no door between the two vaults - when I came to the end of the vault, near the coal-hole, I observed some embers of sticks in that corner; it was pointed out to me: I went up to it, and saw a fire had been made on there - there was about a hatfull of embers, and some pieces of wood, stuck up on end, had been burnt at the bottom; that was heavy hardish wood, about a yard long, and about as
Q. Did any of them lean against the wood work of the coal-hole? A. I do not think they did; they stood more by the arch - some of the wood work of the coal-hole was burnt through, burnt in two; there was about half a chaldron of coals in the bin - the pieces of wood stood up as if they had been there for a length of time; they stood separate from each other.
Q. How far from each other? A. Close together - a good many of them; there were two or three in one particular place - there might be four or five pieces of wood altogether, and there were some boxes all along the brick wall; I noticed a basket and some hay-bands; there was a bit of hay-band about the basket.
Q. Had the fire in the vault and the fire in the kitchen any communication with each other? A. Not that I could see.
Cross-examined by MR. CLARKSON. Q. You was working under Moakes? A. Yes; he did not see all that I did - he was in the vault before me, and when I was there, but not all the time I was there; I was backwards and forwards several times - I was examined before the Coroner at the first inquest.
Q. Did Moakes see the boards which were burnt in two? A. He saw it before I did; I was turning the rubbish over with a shovel to make a thoroughfare.
Q. Were you obliged to turn the rubbish over in the vault before you found the sticks? A. I turned over no rubbish in the arched vault - Monkes saw the burnt boards before me; he had a lamp handed down to him - it could not be seen without a light; it might be twelve or one o'clock in the day when I examined the vault; there appeared to have been very little burning in the vault - the boards were burnt in two, but they were not thicker than your thumb - they were small slips of wood.
Q. Did they appear to have been burnt by something which had been set fire to, or that they had been set fire to, as in the first instance you say they stood upright? A. Yes, leaning against the arch of the brick work - they were burnt at the bottom; none of those were burnt in two; that was pieces of wood which laid against a board which formed the coal-hole; they were about an inch and a half thick and about two feet long, pieces of sticks, not boards- it was I who found the bottom of the sack.
JURY. Q. Did you see a quart bottle in that place? A. Yes, and smelt it; it smelt apparently of turpentine, but it stood with its mouth downwards; I saw no other bottle there - I saw some rubbishing bottles, which generally lay in cellars; I did not examine them.
MR. ADOLPHUS. Q. Was the turpentine bottle clean or dirty outside? A. Clean; I found no glass bottles which smelt of wine - ( Joshua Ivory here produced some burnt wood) - these are the sticks which stood up on their end; here are those which were burnt in two, and here is the wood the burnt pieces rested on; that is burnt - this is about eighteen inches wide and two inches think.
COURT. Q. Did you find the bottom of the sack? A. Part of the sack I found at the very bottom of the rubbish, on the earth or floor, as I dug - the fire appeared to me to have began beyond the copper and beyond the window, because the most fire was there, near the bottom of the stairs; I found an old chair near the fire-place - I do not think that was burnt at all; the beams of the kitchen ceiling were most burnt right over the copper; they were falling down - the beams near the street were not burnt so much; the stairs were consumed - they were very near the copper; I had four or five feet of rubbish to clear away before I found the sack; there was a very small particle of shavings - they dug the sack out after I left; when I first found it it was a bit of a sack.
HENRY ROBERT ABRAHAM . I am an architect and surveyor to the County Fire-office. I drew this plan of the premises; it is correct, according to the best of my observation - Mr. Spiers had made an insurance at our office; I went to the premises to see what damage was sustained; I examined the prisoner's premises - the first day I went was on the Tuesday or Wednesday; the rubbish had not been cleared then, and I made no examination; I went again on the Wednesday afternoon, and examined - I went into the back vault, and near the coal-bin there was this block of wood; there were several other pieces of wood in a slanting direction against the block of wood, inclining towards the coal-bin, and other pieces of wood laying in the coal-bin; one of which was this angular piece - there had been a fire made on the block, and it had burnt the ends of these pieces of wood and also caught the side of the coal-bin, which it had burnt nearly through; it had also communicated with the pieces of wood which were thrust into the coals; there were short pieces of wood thrust into the coals, laying nearly horizontally, and connecting these upright pieces, as it were, with the coal-bin - one side of the coal-bin was formed at the upper part with loose old canvas - my attention was then directed to a shelf on the east side of this vault, and on that shelf I saw about a hatful of shavings, placed conically, and on removing them I found a piece of paper, which had been greased, and upon which gunpowder had exploded - the fire had partially caught the shavings, but want of air or the blast had put it out; the powder was not quite under the shavings, but a little on one side; there was about a drachm - it was two or three inches from the shavings, and partially connected by particles of gunpowder being loose as if it had been thrown down - I observed a card, the size of a common address card, doubled into the form of a trough and gunpowder on it; about a quarter of an ounce, I should think- it was fine shooting powder; I saw an ordinary sized wine-bottle, which smelt of turpentine - it was inverted and inclining in one corner; the outside was clean.
Q. Did you observe any injury whatever done to any place in the vault, except where these combustible things were found? A. None at all - there was no door from the kitchen to the vault; there was merely the doorcase - I saw no remains of a door; there was a door hung between the vault and the wash-house; that was not burnt at all - the top part of the kitchen mantel-shelf, over the chimney-piece, was burnt a little, but the shelf was not much injured: the under part of it, next the fire-place, was not burnt - the upper part was a little burnt; I should imagine that was done from the recoil of the flames from the ceiling; the fire must have originated beyond the copper, because the shop floor, between the copper and the street, was sufficiently sound after the fire to allow a number of people to stand on it - the floor remained, but it was scorched
Cross-examined by MR. BARRY. Q. At what time on Wednesday did you go to the premises? A. About ten o'clock; I then gave orders for the ruins to be removed, which was done in my absence - I was present when the sack was found; I do not think much had been disturbed before that.
Q. Had the ruins been near the door, going from the kitchen to the vault? A. They had dropped the ruins away to enable the firemen to get into the vault.
Q. Then the ruins had fallen so as to prevent their getting from the kitchen to the vault? A. I imagine so - there was a quantity of rubbish and water in the front vault or wash-house, not black rubbish; I have heard Moakes and Saunders examined - the wood stood against the coal-bin; I have heard them state that it stood against the wall - I was not examined before the Coroner respecting Miss Twamley's death, but respecting the death of another person; I gave evidence of the state of the premises, and took the Jury to examine them - I gave a general description of it, and should think I stated about the wood being thrust into the coals, but I will not swear that, because I took the Jury to view the premises; the vault was certainly not a likely place to succeed in setting the house on fire - I think the fire took place at the bottom of the stairs, and finding the sack and shavings there also makes me think so; I should not think a man in his senses would think of setting fire to the house in the back vault - the canvas forms the eastern side of the coal-bin; there was wood about eighteen inches high, and above that a canvas partition; the burnt wood was about eighteen inches off it. I should think - the back vault was exceedingly damp; if there had been fire enough to dry the canvas, it would have caught - there is more turpentine in wood than in canvas, and when it once gets lighted it is more likely to get ahead; the canvas would certainly have been burnt if the fire had risen to its height - the card of gunpowder was about two feet nine inches from the shavings on the shelf in the back vault.
Q. If there had been a considerable fire in the back vault, so as to be seen from the front, do not you think the gunpowder must have ignited? A. I think not, it must have been a very strong fire to consume this wood, and if it was possible, by laying down, to see any fire, that fire might have existed a long time without burning the shavings; there must have been a considerable fire to produce this effect on this wood, but that had no connexion with the gunpowder.
MR. PHILLIPS. Q. Were not some of these pieces of wood actually propping up the wood, and confining it? -A. They were; I did not go on my knees at the area, to see if I could have seen fire; I do not think it could have been the fire itself originating from this block which was seen; I think it must have been the reflection - no fire in the kitchen could have reflected in any way so as to be seen in the back part of this vault; I do not exactly swear that it must have been the reflection of fire in the vault, because I think it probable it might be the reflection of fire from the staircase - there is a brick wall between them but there is a door in it, and I think there might have been a body of fire near the door, the light of which might have reflected in the vault; if there was only fire in the kitchen, I cannot, in any way, account for the fire I found at the coal-bin; there was no connexion whatever between the two fires.
Q. If the coals about the coal-bin had ignited, from the quantity of coals, would the smoke have been very considerable, supposing an ignorant man had thought he could set them on fire? A. Very considerable, and that would increase the difficulty of getting into the house to ascertain where the fire originated, but the draft would have carried it away up the staircase; the foot of the stairs was a very likely place to set fire to the rest of the house; it was the very place to begin at to burn the house down; I pointed out to the Coroner's Jury things exactly as I found them.
COURT. Q. You think there was fire on that block, would a person kneeling down and looking from the area see a light proceeding as reflection from that fire? A. They would certainly, but they must hold their heads close to the ground; I think it very possible to see a light.
JURY. Q. Was it possible for the person to ascertain whether it was a light from a candle, or from any other substance? A. Yes; I should imagine a light from a candle would be very different; I should not suppose the light of a candle could be seen unless it was placed on the ground; I could not see from the vault into the street, unless close under the window, and then you must look up, as the area surrounds the window, with a close grating over it.
COURT. Q. Supposing the fire to have originated where you think it did, would it, in your judgment, burn the house down before the whole of the shavings might have been consumed? A. After the shop door was opened the draft coming from the street, would cool the lower part of the house, and carry the great-body of fire up the house, and during that time I should think the fire in the kitchen would slacken a little - it is quite consistent with the fire originating there; by setting fire to the shavings that part of the shavings should not be burnt.
THOMAS PROSSER . I am inspector of the C division of the Police. On the morning of the 28th of May I was called to the house in question; I got there about twenty minutes past six o'clock - I heard some conversation between Miss Twamley and some other person, in consequence of which I directed my attention to the prisoner; I first saw him about twenty-five minutes past six - he was then in the back premises of an ironmonger's, at the back of the house; Miss Twamley was in an iron-foundry, and an elderly lady was laying down - I ascertained that the prisoner belonged to the house, and asked him if he knew in what way the fire had originated; he said he did not know - he desired me to look at his face, and said, "You see how I am burnt;" I said, "You have had a fortunate
Cross-examined by MR. CLARKSON. Q. You have not given us the date of this conversation at the hospital? A. It was on the morning of the fire, about a quarter to eight o'clock; I went there to apprehend him on suspicion - nobody sent me there to question him: I do not think I told him he need not answer my questions unless he pleased -I was dressed as an officer; he was in bed, with his face and hands covered with plasters - whether he was suffering from pain I cannot say any thing about; he might certainly be in pain, but he answered my questions very readily; he was laying in bed, undressed - a nurse was there - I did not commit to writing what he said; I recollect perfectly well all that passed - I did not tell him he need not answer me, nor that I had come to apprehend him: I told him I was an officer, for I considered that he could not see me; I was not examined before the Coroner - I communicated to some of the Jurymen what I knew; I was ordered by Mr. Allen to attend the Inquest the second day, when it was adjourned - Mr. Clele was one of the Jurymen whom I communicated with - he lives opposite the watch-house; I did not call on him - it was while the female who was burnt was laying at the watch-house; Clele and another Juryman, who lives next door but one to the watch-house, was there; I was in the Inquest room part of the time on Friday - my superintendent told me to attend; I had told him what had passed the same morning, and also Colonel Rowan - the prisoner told me he believed the fire began in the kitchen; he said he was arranging something in the vault, but I cannot tell what, or where - he did not say he had been cleaning out the vault for the purpose of its being shown to a person who was coming to take the premises.
Q. Are you sure he did not say he had been cleaning out the vault? A. I cannot say that he did; he said he had been arranging something in the vault, but what his answer was exactly I cannot say.
CATHERINE TWAMLEY . I am the sister of the deceased; her name was Eliza Towneley Twamley ; she lodged at the prisoner's house, with my mother and me - the furniture in our rooms was my mother's, and she had insured it along time ago, in the Phoenix office, at Charing-cross; we have not yet received the money for it - my mother was in delicate health - she could not have given the prisoner a commission to insure her goods for her without my knowledge; I saw the body of the deceased before the Coroner - it was the body of my beloved sister.
SIMON GIESMAR . At the time of the fire I lodged in the front garret of the house - I took it furnished; I should think the furniture in it worth 15l. or 18l. - Mr. Savory, who lodged in the first floor front room, was a friend of mine; he had left a few days before the fire.
Cross-examined by MR. BARRY. Q. Was your room completely furnished? A. Yes, there was a feather bed, mabogany drawers, a mahogany table, with a drawer in it, a small looking-glass, four-post mahogany bedstead, with common sort of curtains, a straw mattress, an old carpet, four cane chairs, a japanned wash-hand stand, a very small curtain to the window, tea things, and every thing necessary for tea - I at first paid 7s. a week, and as I gave notice to leave I was to pay only 5s.; I believe the chairs were japanned; I did not notice any gold on them - there was a round table between the windows; it had no doors under it.
MR. PHILLIPS. Q. Did they agree to let you all this for 5s. a week? A. Yes; I certainly would not give 15l. for the whole - I do not know the value of furniture, but think it not worth more.
HENRY FIELD . I am in the employ of Messrs. Blunt, Roy, and Co., who are attornies for Mr. Nichols, the freeholder of this house; I collected his rents. About March I made several applications to the prisoner for 40l., half a year's rent, but could not get it from him; he said he was short of cash - I at last applied to Mr. Oxenham to distrain, and after the distress the prisoner paid me 20l. on account, and I gave him till the 10th of April to pay the remainder; I
Cross-examined by MR. CLARKSON. Q. Was this a conversation with the prisoner? A. No; he paid 80l. per annum - the lease was originally granted to his wife; I think it was for twenty-one years - I should not think it a valuable lease at the present time, for rents have fallen lately.
HUGH OXENHAM . I am assistant to my father, an auctioneer and appraiser, in Oxford-street. In March last I levied a distress on the prisoner's goods for 40l.; I went over the house particularly, by order of Mr. Field, to ascertain the value of the goods; the prisoner was with me; I asked him to show me the furniture in the house, and went all over with him, except the kitchen - I suppose the fair value of all the furniture I saw in the house was 100l. - that is quite a fair value - (Miss Twamleys had not then come in;) I include the fixtures and every thing in the house, except the kitchen furniture, which I did not see -I saw no library of books, no plate, watches, nor trinkets; the crockery was very triffling - the looking-glasses and china were nothing like worth 35l.; I saw a few old glazed prints, worth about 10l.: 100l. is more than I would give for fixtures and every thing.
Cross-examined by MR. BARRY. Q. Then one-tenth of that amount was the pictures? A. Yes; I am not putting an auction price to them, it is more than they would fetch under the hammer - the shop fixtures were shelving with mahogany fronts, and a mahogany top counter; I saw no wine - I did not see all the cupboards in the house; I do not recollect how many rooms I went into -I examined all the fixtures; I cannot say what he had expended in fixtures.
Q. Without reference to the valuable things, would you undertake to say they had not cost him 200l.? A. I would replace them for considerably less; 200l. would be the utmost altogether.
Q. Was not the front of the shop mahogany? A. Deal, I believe; I did not notice the window front - I had nothing to do with that, and do not know whether it was plate-glass, as that would be the landlord's fixtures.
JAMES LEADER . I am an excise-officer, and had to survey the prisoner's stock of snuff; I went four or five times between the 12th of April and the 28th of May - we call over every thing, and put down the number of pounds - the first account I have in my book is on the 23rd of April; there were 74 lbs. of goods - that was the entire stock of snuff, tobacco, and cigars; I believe the highest cigars are bought for 25s., and the lowest at 9s. per lb.; the highest tobacco is from 5s. to 6s. a pound, and the lowest about 3s. 8d. - there were 18 lbs. of tobacco, 16 lbs. of cigars, and 30 lbs. of scented snuff; the highest price would be 6s. a pound, and 8 lbs. of Scotch snuff, at about 3s. 10d. a pound; there was a stock of tobacco-boxes and pipes, which I took no account of.
Cross-examined by MR. CLARKSON. Q. Were there jars gilt and labelled? A. Yes, and I believe there was a portion of pipes, snuff-boxes, and such things as they sell; I do not know their value - I believe the top of the counter was mahogany.
EDWARD FLEMING BURROW . I am a clerk in the British Fire-office. A proposal was made to me on the 13th of April, for an insurance of the furniture and stock at No. 398, Oxford-street; I cannot say the prisoner is the person, but I have the proposal - I wrote down accurately the directions, and received the premium; the amount insured was 700l. - the policy has not been executed by the directions; the person who made the proposal had not come to me to know why he had not received the policy; we should send it when executed - in case of fire the party would receive his money, though he had not received his policy.
COURT. Q. You have no recollection of the personal appearance of the person who came? A. I cannot swear to the prisoner, but from the faint recollection I have of the circumstance, he is like the person; he certainly resembles him, and I should think he is the person - I believe he is the person.
Cross-examined by MR. CLARKSON. Q. Is your recollection of what took place very faint? A. It is, it was some time since; we have many applications in a month - I cannot speak with certainly to his identity.
CHARLES JAMES WHITE . I am engineer of the British Fire-office. I saw the prisoner in the hospital on the morning of the fire, and asked if he was insured; he said he was; I asked at what office, and he said at the British.
MR. BURROW. The proposal is in the prisoner's name; I am not aware of any other proposal for insurance of property in that house - the items are 280l. on household goods. &c.; 160l. on stock and utensils in trade therein; 100l. for fixtures in the said house and shop; 35l. on china, glass, looking-glasses, and earthenware; 25l. on watches and trinkets; 30l. on pictures and prints, 70l. on household goods, &c. in the said dwelling-house, in trust for Miss Tomlin - I took these instructions partly from paper and partly from verbal directions; the person paid the premium, and I produced a receipt for it, and the money would be paid, if there was no objection to the manner the fire happened.
Cross-examined by MR. CLARKSON. Q. Do you know whether your office contributes towards the expences of this prosecution? A. I am not aware - this proposal is in the language we usually fill them up.
Q. I believe the applicant states the amount which he intends to insure, and you submit to him the amounts to which it is to be divided? A. Exactly so - china, trinkets, watches, &c. are at a different rate, and we require specific sums for them; we send a surveyor to look at the house, but not at the property - I do not know whether he goes inside the house; it is not usual to tell persons the premises will be looked at.
MR. ADOLPHUS. Q. Has the surveyor more to do than to look at the house and report to the office about the building? A. That is all; I am not aware that any claim has been made on this insurance.
COURT. Q. When a party wishes to insure for 700l. for instance, do you make the division of the amounts? A. No, it is impossible I can be aware of the value - I ask how much should be for such and such articles - we
JAMES JAMES . I am a gun-case maker, and live in Bentick-street, St. James'; I have known the prisoner two or three years. On the Monday or Tuesday before the fire, as I was in Mr. Hopper's public-house in Berwick-street, some conversation took place about the charge which a gun I had sold would take; I produced a powder-flask from my pocket, containing powder; the prisoner was there, and within hearing - I showed them the powder, and Winchester, who I had sold the gun to, said,"Let us taste it, James;" he did so, and said "This is good;" the prisoner then asked leave to look at the powder, which he did; there was then some conversation, and he wished to know if that was better than the common; I said, "The best is the best" - on the Sunday before the fire I was in my back parlour, about one o'clock in the day, and heard a knock at the door - I heard Mrs. Clarke open the door, and thought I heard a voice I could recognize - I had been in conversation with Smithies, and it seemed like his voice; it might be his, and it might be another's; I should believe it was a voice similar to his, but I never will swear to a man without speaking to him; my idea is that it was similar to his voice, but perhaps I only met him once a month or six weeks; my thought was it was a similar voice to his.
FRANCES CLARKE . I live at Mr. James'. On the Sunday immediately before the fire a person knocked at the door - I opened it; the person inquired for Mr. James; I called Mrs. James, and he gave her the name of Smithies, in my presence; the prisoner does not look like the person.
LUCY JAMES . I am the wife of James James. On the Sunday before the fire Mrs. Clarke let a person in, who left the name of Smithies - I did not then recognize him as Smithies; I had never seen him before, except on one or two occasions.
GEORGE GILES . I live in Great Chapel-street, Soho, and am a baker. Smithies called on me about a fortnight before the fire, and asked if I could inform him where he could have any shavings; I told him I would send him a sack - I sent a man, named Casey, with a sack to him, a few days after; on the Sunday before the fire (the 27th of May), Smithies called on me, about ten or eleven o'clock in the morning, and wanted the loan of a sack -I said he could have one; he called about three in the afternoon, and took it away himself - his house is two or three hundred yards from mine.
Cross-examined by MR. BARRY. Q. Did he tell you he had an order for some veneered tables? A. No, he said nothing about veneers; I have heard veneers require a sharp fire to champ and dry them - when he borrowed the sack he said he wanted to clear some rubbish out of the vault, and wanted to put some rubbish in the sack, which lay about.
DARBY CASEY . I deal in shavings. Some time before the fire in Oxford-street I took a sack of shavings to No. 398; Mr. Giles sent me there; I shot and emptied them just at the bottom of the kitchen stairs, and they sent the girl to put them on one side; when I went up stairs I saw the prisoner, and he told me to bring another sack of shavings; I agreed that the price of the two was to be 10d. - I took the other sack to the house in about half an hour; Mrs. Smithies would not take it in - she said one was enough; this was ten or twelve days before the fire, not on a Sunday.
EDWARD LONSDALE . I am a house-surgeon at Middlesex-hospital. I remember the prisoner being admitted there on Monday, the 28th of May, about half-past six o'clock in the morning; his hands were very much burnt, and his face also - those on the hands appeared ordinary burns - those on the face appeared peculiar; they appeared to be blue - there was a case of burning from gunpowder in the hospital in November last, and from the observation I made of this case, there was a similarity in some respects: the eye-brows and lashes were completely burnt off, and the colour was very similar to that case - each of the prisoner's knees were burnt; he wore trousers, which were not at all burnt about the knees - there was a small hole on one knee, but not a burn; there was no hole in the other knee - he wore long stockings, and neither of the stockings had any burn about the knee; the hospital is three or four hundred yards from his house.
Cross-examined by MR. CLARKSON. Q. What experience have you had in burning from gunpowder? A. I have not had much; I never saw the features of a person after an explosion, except the one in November - I have read on the subject; gunpowder will generally leave grains or marks in the face for some time after -Mr. Harris did not apply to see the prisoner in the hospital, to my knowledge - no medical man was refused admission, to my knowledge; there was not any remains of gunpowder in the prisoner's face - I cannot say the burning was produced by gunpowder; his face was generally burnt - his trousers were loose.
Q. Is it at all extraordinary for a man, ascending up a staircase, to have his face and hands burnt? A. Not without his clothes being burnt - I did not see his coat; he had not got it on when he was brought - I am not a medical student; I am the house-surgeon - I had a particular reason for inspecting his clothes, as I knew I should have to be examined at the Inquest; I was not told of the charge till after I had examined his face - I examined his clothes the day I went to the Inquest, the first of June - I was at the hospital when he came in; I saw him first in bed, but have every reason to believe the clothes were the same as he wore; they were given to the nurse, and on the first of June I asked her to fetch his clothes; she brought them, and I examined them - ointment, composed of chalk, was applied to his knees the day after he came in, but on his admission the burns on the knees were not pointed out - he was seriously burnt, and in a dangerous state for some time - he was in very severe pain on the 28th, but was worse after, owing to a fever coming on; I should think that on the 28th he was not cool and collected, so as to give a clear account to the officer; I did not know he had been there till to-day - persons get into the hospital by application to me; I have no recollection of a Policeman applying to me; I did not give the fireman permission to see him that day.
MR. ADOLPHUS. Q. If an officer comes to apprehend a man for felony, you have no means of bindering him? A. No - the prisoner showed no signs of insanity or dele
Prisoner's Defence (written.) My Lord and Gentlemen of the Jury, - I have lived at No. 398, Oxford Street, nearly three years, where I kept a tobacconist's shop, but am by trade a cabinet and chair maker, which business I carried on at No. 101, Dean-street, at the back of the above-mentioned premises, About three weeks prior to my late house in Oxford-street being burnt down, my wife found fault with purchasing fire-wood, when, at the same time, there was plenty of spare wood in the vault, which might be chopped up; on the Sunday following, being a fortnight before the fire, I set too and looked cut a quantity of wood that was in the vault, but found that much of it was too good for that purpose, and which I could use for a better account in my own business, and having a quantity of rosewood veneers in the shop, and the heat of the shop having made them crack, I resolved to clear out the vault, and deposit the veneers in it, to keep them from injury. About ten days previous to the above-mentioned time, I was in want of shavings to lay down veneers, it being necessary to prepare them by frequent heating and cooling, so as to render them fit for use, the fires for which purpose being commonly made of shavings; and as, in my small business, I did not make a quantity sufficient for my own use, I applied to a baker, (Mr. Giles,) requesting that if any one came hawking shavings to send them to me, as I wanted some; in consequence of which, Mr. Giles sent a man with some to my house in Oxford-street - I was not at home at the time, but my wife purchased a sack full of him, which by mistake was taken down stairs and put into the vault, instead of being sent round to my workshop, as I had left orders. I one morning found Eliza Baker , my former servant, going into the vault with a lighted candle in her hand, upon which I called her back, and told her never to take a candle into that vault again so long as those shavings were there, but to put the candle upon the sink, which is opposite the door, and she could see anything she wanted to do in the vault, for if they caught light, they were red deal turpentine shavings, and would burn like wildfire, and nothing would stop them. Being in treaty for letting my shop and other apartments, part of the vault and kitchen, on the Friday before the fire; I began, on the Sunday afternoon, to clear out the vault to make it ready, so as to have its contents finally removed away early on the Monday morning (the day of the fire) into my workshop, in order that the parties who were in treaty mightview the premises on that day. Having a quantity of shavings as well as wood in the vault, I borrowed a sack and filled it, as also a bag which I had, with the wood and shavings, the more easily to remove them to my workshop where they would be useful to me; and having cleared the vault of those shavings, the wood and other things, I placed them in the kitchen to be removed away the following morning, and the dust and dirt was scraped up and put in a box for the same purpose. If I had collected the shavings for any bad purpose, I should have left them loose, and not forced and pent them up into bags, where the want of air was likely to prevent them burning, as it must be evident to every one who knows the nature of shavings, that the more they are exposed to the air, the more furiously they will burn - with respect to turpentine being found in my kitchen; I use it continually, every cabinet-maker does so, as well as bees-wax, and without both, I could not carry on my business. On the Sunday night previous to the fire, I took a calomel pill, (being unwell,) as indeed I had been the whole week, and went to bed a little before twelve o'clock which was about my usual time, as my shop was never closed until half-past eleven o'clock on a Sunday night; I was not quite undressed when Mr. Davis, one of our lodgers knocked at the door; I went to the street-door, let him in, and gave him a light; when I had so done, he asked me for my Sunday's newspaper, saying he wished to go to the watercloset - he took the newspaper, and first went up to his bed-room, and I went to the kitchen to draw some water from the boiler, to drink, which I always do at night; while I was so doing Davis came down to go to the water-closet, and using a joking expression, intimating that he should be detained a long time, went into it - I took the warm water and went up stairs into my bed-room, and waited I thought a sufficient time for him to come out; I then went down again, having occasion to go to the water-closet myself, and asked him if he was coming out, when he said, "I shall be half an hour yet" - he had the newspaper with him, and I suppose he was reading it; I went up stairs into my bed-room, being so unwell that I could not stand still and then came down again and walked about the kitchen, and he was still in the water-closet - by waiting so long, and walking about the kitchen and stairs without my shoes, I got chilled, in consequence of which, the inclination I had had to go to the water-closet ceased, and I was about returning up stairs, when Mr. Davis came out and went up stairs; I immediately followed him and went to bed, and in a short time after I became warm in bed - I was then compelled to get up and go down stairs to the water-closet - I did so, and immediately afterwards again returned to bed, which I did not leave until between five and six o'clock the next morning, being Monday the 28th of May, when feeling myself unwell, I asked my wife if she had any oatmeal in the house, for I would take some salts, and make myself some water gruel, before I began to move the things to the workshop, the greatest part of which I had already moved from out of the vault into the kitchen; I accordingly put on an old pair of trousers my waistcoat and morning coat, and a pair of slippers, went down into the kitchen, and lighted the fire - I then went into the vault for the purpose of clearing away the remainder of the things; I returned to look at the kitchen fire, and found it was gone out - I took some more shavings out of the bag, (into which I had put them overnight, and which was close by) and lighted it again, when shortly after it again went out; I then took a larger quantity of both wood and shaving, lighted it a third time, and it burnt briskly - I then again went into the vault, and remained there busy for a quarter of an hour, (having closed the kitchen door, which led to the wash-house, after me, for the purpose of causing the fire to draw, as the kitchen fire smoked when that door was left open) and when I returned to look after the fire, I found that the shavings I had let fall in drawing them from the bag, by some means or other had ignited, and the kitchen was in flames; I tried to extinguish the flames by pulling one bag from the other, and pressing them down, when some shavings coming from out of it, caused a still greater blaze- the flames were becoming too strong for me, and were ascending the stairs, and I flew to the kitchen window, as the flames were then blazing up to the ceiling, and called out, Fire! Fire! and begged of the passengers to break in the iron grating and let me out, or I should be burnt to death. At the time two persons came up, one with a hammer in his hand, and the other with a spade, and tried to break the railings, but found they were wrought iron, and would not snap -I begged of them to knock at the shop-door, or break it open and alarm the house, as there were five or six females in the house, and they might be burnt - I continued to call for them to break the railings, but the attraction of the house being on fire, I suppose, prevented them from hearing me; at the time the
THOMAS BAYLIS . I am a baker, and live in Stephen-street, Tottenham-court-road. The prisoner called at my house a few days before the fire, and stated that he was inclined to dispose of his shop - he asked if I knew any one who would take it; I said I thought I knew a person it would suit, and named Mrs. Cobb, an acquaintance of mine - he said, respecting the vault, it was in a very untidy state (this was on Saturday), and although to-morrow was the Lord's-day, he must do it on Sunday, as he was to meet Mrs. Cobb the following day; this was the Saturday before the fire - I had spoken to Mrs. Cobb a few days before; I think it was on the Friday immediately before the fire or Thursday, that he told me he wanted to get rid of the shop, and I informed Mrs. Cobb - I saw the prisoner on Saturday evening, about half-past nine o'clock, by appointment, and told him I had seen Mrs. Cobb that afternoon, that I had seen her on Friday also; the prisoner said on Saturday night, that he would clear out the vault, which was in a very untidy state, and would meet me on Monday morning, at ten o'clock, to know from Mrs. Cobb what time it would be convenient for her to go over the premises; the prisoner complained that Saturday night of ill-health, and looked ill; he said he should go home, and go to bed directly.
MR. PHILLIPS. Q. Did he seem very ill on Saturday night? A. He complained of his head a good deal, and appeared ill and low - I had not gone on any commission for him that Saturday night, except Mrs. Cobb's, not that I recollect; I do not know that gentleman (Mr. Field) -I never saw him before, to my knowledge; I cannot swear to the gentleman.
Q. He is clerk to Messrs. Blunt, Roy and Co., the agents, did you see him? A. I saw him about a week be
Q. Who did you first tell this story to about getting a person to take the shop? A. I told Mr. Curtis and one Langdon, a carver and gilder; I do not know that I mentioned it to any body else - I do not recollect stating it to any body who wrote it down; Curtis gave me a subpoena to attend here - I went to Mr. Davidson, the solicitor, to give my evidence, and he took it down, but I thought you asked me whether I put it down respecting Smithies' shop being to let; I misunderstood you respecting the evidence - I was about an hour with the solicitor.
Q. Do you mean to say that you had totally forgotten that? A. Certainly not, it was a misunderstanding; he took down my evidence at his office up a court in the Strand, near Temple-bar; I went there with Mrs. Smithies about a fortnight ago - I went at her request for him to take down my evidence.
MR. BARRY. Q. Did you go to Davidson's as the attorney of Smithies? A. Yes, Mrs. Smithies said he was her solicitor; she is in attendance here.
SUSANNAH COBB . I am the wife of Benjamin Cobb - he is at Miles' asylum, at Hoxton. I was acquainted with Baylis before the fire in Oxford-street; I had heard from him that Mr. Smithies' shop was to let - this was on the Thursday previous to the fire; he at first told me there was the shop and the parlour adjoining to let, and on the Friday Baylis asked if I required a sleeping-room; I was to have the use of the kitchen, if I wished to wash at home, or clean my knives, and also a place where I could put my coals; I went on Saturday morning to look at the premises, but Smithies was not at home, and I did not see them - I went on Saturday to ascertain what it would cost to take the stock and fixtures, not the goodwill, that was not named; I saw Baylis on Saturday, after I had been to the house; an appointment was made for me to see the premises at eleven o'clock on the following Monday - I never saw the prisoner till I saw him in Court to-day; after the fire I heard of an Inquest being held; I was fetched to the second Inquest on the female, in case my evidence should be required - that was on a Wednesday; I think it was an adjourned inquest, and was held at the Golden Lion, in Dean-street; I saw Samuel Davis - the witnesses were in a back parlour: Davis came into that room after I had understood he had been examined; Mrs. Smithies was there and her daughter, and eight or nine other persons, Curtis, Baylis, and Mr. Blackford - Mrs. Smithies' feelings appeared very much wounded, and she was very agitated; I do not know whether she was examined before the Coroner; when Davis came out of the Inquest room; his conduct was violent in the extreme - he said, among other things, that he would not go across the road if it were to save Smithies' life; he asked Mrs. Smithies whether she or himself got out of the back room window first - she said,"You, Sir;" after that he resumed his observation about Smithies, and the persons left the room in consequence of his observations, which were very unnatural on the part of any gentleman.
MR. ADOLPHUS. Q. How long has your husband been in his present unfortunate situation? A. Twelve months- we lived together till then, in White-street, Cripplegate, and kept a house there; he was a solicitor - I went from there to Kirby-street, Hatton-garden, and from there to Ely-court, Holborn - I have lived there since Christmas, at the house of an intimate acquaintance; the last time my husband practised as a solicitor was in 1814; I was a respectable servant when he married me: I have known Baylis four or five months - he was introduced by Curtis, the godfather of my friend's child, Mr. Marven: Curtis casually brought Baylis with him - we did not become particularly intimate; he called occasionally, and had drank tea with us about three times - he heard me say I intended to take a little shop and open as a tobacconist, and he came down to me in Ely-court on the Friday; he did not tell me the probable value of the fixtures - I did not understand the tobacconists' trade, but fancied I should like it better than any other; I had applied to nobody else about such a business - I had just got it in agitation, and named it in Baylis' presence, about a fortnight or three weeks before: he said if he heard of any thing likely to suit me he would let me know - I may have seen him a dozen times within four or five months; he has looked in when he passed - I have met him in the street, but not by appointment: I saw him once or twice in Holborn before the fire - I met him on my return from Smithies' shop on Saturday, coming up Holborn; I had
Q. By whose desire did you attend the Inquest? A. Baylis came to ask me to attend, in case I should be required.
JURY. Q. Was any price stated at which you were to take the premises? A. No price was fixed; I was to ascertain the price, nothing was said about the good-will - my friends were to advance me some money; all the information Baylis gave me was that it was to be let - I saw Mrs. Smithies on Saturday morning.
WILLIAM JAMES DALEY . I am not related to the prisoner, but am his wife's son-in-law - I am a dyer, and live at No. 4, Bloomsbury-court, High Holborn. I knew the house in Oxford-street, and very frequently went over it; I knew the cock-loft which was at the top of the house, between the attics and the tiles - I never saw any furniture there, for I never saw into it; I have been into every other place in the house; it was furnished very well indeed - it was very good furniture indeed, as good as I have seen in most houses; that was the case from the top to the bottom - the shop was beautifully fitted up with mahogany shelves and counter, and cigar-boxes, and all fancy work about the glass-cases, &c.; the furniture was a middling pattern - it had been some years in wear, and some was new; I had an opportunity of observing the stock in the shop.
Q. What do you suppose to be a fair estimate of the furniture, stock, and every thing in the house? A. I should consider, from what I have seen at other places, it would not be less than 800l., setting it at the lowest - that is all I have seen in the house; I was in the back room on the third floor - there was a mahogany chest of drawers there worth about 5l.; there was a bed and bedstead - I suppose the value of the furniture in that room to be 30l. or 40l., as far as I can recollect, and that in the front room third floor, I should think near 50l.; it was fitted up much more handsome - it is some time since I was in the back room first floor; I recollect a bed and bedstead there, and some chairs - I suppose them to be worth 30l. or 40l., or more; the front room first floor was the most expensively fitted up in the house - I should suppose the furniture there to be worth upwards of 100l.; when I was last in the room behind the shop, there was a chest of drawers, looking-glasses, china, pictures, and other things, and if the drawers were there I should think the value about 20l.; the kitchen, wash-house, and vault contained mostly kitchen utensils, every thing proper for a respectable house, such as dishes, kettles, and dressers - there seemed a great quantity of plates and dishes - I have not noticed glass particularly; there were wine bottles and such like - I should think there could not be less than 50l. value in the kitchen and vault; I think the fixtures in the house were of not less value than 150l., including them all: the value I put is what it would cost to replace them - there were pictures and prints framed and glazed; I am not much of a judge of pictures, and could not give you the value - Mrs. Smithies used to have three watches - I have seen a gold chain about her neck frequently, and bracelets on her hands - I never saw the prisoner with a watch.
Q. Had you an opportunity lately of seeing the stock in trade? A. Yes; as far as I could understand, I should think it could not be worth less than 100l., including the snuff-boxes, cigars, and tubes; there were some very valuable hookahs - one large hookah I always understood to be very expensive; they ask as much as five or ten guineas, I believe, for some of them.
Q. In your judgment, was 630l. an exorbitant sum for the owner to insure? A. Far different; it was beneath the value of the property on the premises.
MR. PHILLIPS. Q. Did you happen to be in the front attic? A. Yes; that was handsomely fitted up, fit for the reception of a gentleman - I do not particularly remember it; I can only describe the generality of the things; I do not recollet a pier-glass there - there was a dressing-glass; I should think the furniture of that room could not be worth much less than 50l. at the time I saw it; Mr. Giesmar lived in it - I should think 7s. or 8s. a week a fair rent for it; 5s. would be far below the value - I am not an appraiser; I have bought articles - I have bought articles and re-sold them - I am a dyer: I never kept an appraiser's shop.
Q. When did you first tender yourself as a witness? A. As soon as I felt convinced what property was on the premises; that was about a week after the fire, when I came to recollect what was there, I recollected the different articles - that is the way I made up my mind as to the value.
Q. Then, without consulting any body, you set to, to value the things? A. No, I do not mean to say it was without consulting - because it was talked about before other people; my wife talked about it - I had no necessity to try to recollect the value; I recollected it without trial - I suppose I have been over the rooms a dozen or twenty times, but not in the front attic; I will swear I had been there more than once - the last time I was there was when my child lay dead in Mr. Smithie's back attic last August twelve months; I cannot tell what change may have taken place in the furniture since that - I was not very intimate with Mr. or Mrs. Smithies; I will not swear that I have dined there within the last twelve months - I have drank tea there; I was in the first floor front room about three months ago - I will not swear I have been there more than twice within twelve months; I noticed the furniture so as to estimate the value - my wife showed them to me, and said, "Look what a beautiful thing this is, and how beautiful that is;" my wife is somewhere about the Court - we did not come here together; I have not been on friendly terms with Mr. Smithies - I was not at all friendly with him at the time of the fire; I had not quarrelled with him lately, I had about twelve months ago; I have visited at his house since, but we had not made up the quarrel; I had drank ten there once or or twice, but not with him alone; he was present once.
Q. Did you ever express an opinion as to how the house took fire? A. I certainly did at one time, at the time it was burning.
Q. According to your observation, was there always both of stock, furniture, pictures, plate, and other articles of
Q. Should you not be surprised to hear of a distress being in the house on this valuable furniture for 20l.? A. Yes, the distress was for a debt which Mr. Smithies was bound for - a debt of a man named Garnet, whom he was bail for; as far as I could understand, it was for 60l.; three of them were bail for 20l. each - this was a month or six weeks before the fire; I knew nothing of any other distress; what I am speaking of is Smithies being at the lock-up house - he was there for about a fortnight: I never knew of a distress at the suit of Mr. Nichols for rent - that would have surprised me much; I have known the prisoner about a year and a half, and his wife about five years.
Q. If she always had this money at her command, did you observe any thing to give you reason to suppose why she did not pay 20l. to get him out of the lock-up house? A. It was an unjust debt; she did not pay it - it has never been paid; it was rather a false imprisonment - for which he was to have brought an action.
MR. BARRY. Q. He never paid it? A. No; it was a bad bill or something - I speak to the value of the furniture to the best of my judgment; my wife pointed out the articles one after the other, to admire them - I never saw Mr. Smithies without money.
JOSEPH LANGDON . I am a carver, and live in Great Chapel-street, Oxford-street. I have been acquainted with the prisoner the last four or five years, and was on friendly terms with him - I remember the fire in Oxford-street; I had seen the prisoner every day the week before that I have no doubt - he had been complaining two or three times, and on the Saturday evening before the fire he called at the Sun in Noel-street, and said he thought he should go home and taken calomel pill, as he felt himself unwell, which is a thing I have heard him make use of before; he had not said any thing on the subject of salts.
JAMES HENRY CURTIS . I am a baker, and live in Oxford-street. I know Mr. Baylis, and have seen Mrs. Cobb three or four times; I knew the prisoner as a neighbour -I called on him the Sunday evening before the fire, about seven o'clock, at his own house; I asked if he would take a walk along with me - he said he was not well; he said he had been cleaning up the kitchen, cellar, and so forth: he had a dirty blue handkerchief tied round his head - he said he was going to take five or six drops of calomel and a dose of salts in the morning; I did not know exactly the term he had on his premises.
Q. Supposing he had a term of eighteen or twenty years, at 80l. a year, what is the value of it? A. I never went over the whole of the house - but if I were about to take such a house in that situation; I would not mind giving 200l. or 300l. premium for it.
MR. ADOLPHUS. Q. You are a baker; were you ever any other trade? A. I was a plumber, at Oxford -I left there, and came to be a baker in London, about two years ago - I never was over the the whole of the prisoner's house; I should say it was worth 80l. a year, according to the rent of my own house - I have been in the shop, the parlour, and the first floor - I should consider it worth one hundred guineas a year, if you were not obliged to purchase the lease - I have been a baker the whole two years I have been in London; I have lived in Moor-street, Soho, the shop I have now - I have not been a plumber and glazier at Horselydown; I do not know Horselydown; I purchased a shop and premises in Tooley-street, but I was laid up for ten days with the influenza, and was obliged to give it up - I was not six weeks there; I did not carry on the business of a plumber and glazier there - my son-in-law did - it was carried on in my name; after I got better, I carried on the business of a baker in Moor-street, but I had a rheumatic fever, and did nothing for thirteen weeks - I certainly was not much acquainted with Mrs. Cobb; I might see her three or four times - I saw her at Mr. and Mrs. Marven's carver and gilder, in Ely-court; I called there, I think, some time before last Christmas, and I saw her in the house - I was going out one day with Mr. Baylis, and I took him in to inquire after a child; he is a baker, and lives in Store-street, Tottenham-court-road - I have known him fourteen years; I knew him in Oxford-street - his father was a master baker, and served me with bread; I am not related to Marven's family - I stood godfather to the child; I never have been with Baylis at Mrs. Cobb's above two or three times - I have gone there, and they have asked me to have tea; Baylis went with me once or twice, but not always - I was never consulted about Mrs. Cobb taking a tobacconist's shop; I never knew Smithies' shop was to let - he called in at times as he went by, but never spoke to me about his shop; he called two or three days before the fire - I did not see him; I was not consulted about the value of the fixtures - I was told by Field about a distress being in the house, and I understood he was locked up in Newman-street about ten days; Mrs. Smithies called on me to give bail, but I did not -Smithies desired me to call on Field, to ask him to wait a few days for the rent; I think it was on the Friday week before the fire, or on a Monday - I knew it was on a market day; I went to Field, and told him I understood that Smithies had got a very good bill, but I did not make money of it to pay the rent; I never had it in my possession - I saw it; I went down to the Lion, in Dean-street, to see if my evidence would be required, and when I got there, I saw a solicitor, Mr. Blackford - he said if I was wanted, he would call me up; I do not know whose solicitor he was - I suppose he attended for Mrs. Smithies.
RALPH HARRIES . I am an apothecary, and carry on business in Tottenham-court-road. I have known the prisoner about three months; I remember his being in Middlesex-hospital with the burns he received - I applied at the hospital to see him, but was told I could not; I have been accustomed to treat patients under the effects of injuries occasioned by explosions of gunpowder, and have always found we could not get rid of the marks of the gunpowder, more or less, they would appear on the skin - we could not get rid of the blueness; there is not the least appearance in the prisoner's features to warrant an opinion that he has been burnt by an explosion of gunpowder; I have resided in the neighbourhood of mines, and had great experience of such injuries - they always present themselves between the skin and flesh; I cannot see any such effects on the prisoner.
MR. LONSDALE re-examined. Q. The skin was not ruptured? A. It blistered during the afternoon; I applied lime-water and linseed oil to it.
Q. Did the skin come entirely off his face? A. In most parts it did.
MR. HARRIS. From the description given by Mr. Lonsdale, if the burns had been from gunpowder, there would have been the remains of gunpowder in his face, more or less; I see none.
MR. LONSDALE. When he came to the hospital, his face was discoloured; it was a grey blue colour - the lotion and ointments I used were not calculated to make it blister, but it did blister, and then the skin came off, and the blueness was gone.
THOMAS STRONG . I am a journeyman pianoforte-maker, and live in Buckingham-place, Fitzroy-square. I was in a room at the Golden Lion, where the inquest was held, with Mrs. Smithies; Davis said, in my presence, that he would not cross the street to save the prisoner's life - I told him I thought he had given his evidence in a very prejudiced manner.
MR. PHILLIPS. Q. Were you in the room when Davis gave his evidence? A. Yes, by his side; the Jury had the same opportunity of judging of his evidence as I had- they were on their oaths, and so was he.
HENRY CADDEL re-examined. Q. Did you observe, when you looked through the area, whether the prisoner had an apron on? A. He had no apron on then, I am positive - I am quite positive of that; this was when I leaned down, and saw the fire in the back vault; when he desired me to open the grating, and let him out - he had no hat on.
His Lordship here commenced summing up the evidence, during which, at the prisoner's suggestion, the following witnesses were re-examined:
Prisoner. Smith knows that on Sunday evening there was a door between the wash-house and the vault, and she knows the fire will not burn unless that door is shut.
ELIZA BAKER . There was a door opposite the kitchen fire-place, between the kitchen and the front vault, or wash-house; it was necessary to shut that door in order to make the kitchen fire burn; it was usually kept open, unless there was a fire there - there might have been a fire once or twice in the kitchen while I was there, and then the door was shut or the fire would not burn.
SARAH SMITH. There was a fire in the kitchen on Saturday and Sunday, and on both those occasions the door opposite the fire, between the wash-house and kitchen, was shut on account of its smoking; it was always kept open during the rest of the time I was there; I do not know whether the fire would burn without its being shut, but master wished it shut, as it always smoked if it was not.
Prisoner. I wish Baker called, to prove that Davis said he would ruin me.
ELIZA BAKER . I heard Davis say something about ruining master; I cannot exactly say what it was - I was on the threshold of Mr. Smithies's parlour door, and Davis swore, as true as God was in heaven, he would ruin them about that unstamped paper if they did not mind what they were about.
Q. Did he say, if they pressed him again for the money the unstampt receipt was given for, he would ruin them? A. I do not recollect anything about that; there were words - mistress generally asked him for money; I cannot say whether at that time she asked him for any.
Prisoner. In consequence of his troubel, and the quantity of water he wanted up stairs, he was refused attention, and told to go about his business - he said if he did not have what he required he would ruin me about the unstamped paper. Witness. He was refused some warm water, and it was soon after that he said he should stay there to suit his own pleasure - I never heard them tell him to go; I have heard them ask him for money repeatedly - I never heard the money demanded twice over; I have heard master or mistress say that his hill was 11l. - I never heard Davis say it was demanded twice over.
Prisoner. There were two closets in Miss Twamley's room and three grates of mine; all the fixtures in the house were mine - there were two pier-tables.
MISS TWAMLEY. There was nothing in our room belonging to the prisoner - there were no pier-tables; there were two cupboards belonging to the house - the fixtures belonged to the house; they were not ours - the prisoner never saw my mother till I rushed out of the house that morning, with her in my arms on the leads - she could not, at any time, have given him authority to insure for her.
Prisoner. The mother did not take the rooms; it was her and her sister - there was another lady, whom I do not see, and who I understand is the one that was burnt; a more amiable creature never lived in the world, and I told her, to induce them to come to lodge with me, that I would insure for them as I was about insuring.
HENRY FIELD . The witness Baylis called on me on the Saturday immediately before the fire, between three and four o'clock, and I informed him I would give the prisoner the whole of Monday to pay the rent.
Prisoner. Q. Did I ask you on Saturday to call on Field? A. I do not know on what day I called, but I told the prisoner that Field would give him the whole of Monday, but would not wait an hour longer.
Prisoner to HENRY FIELD . Q. Was not the distress you put in for half a year's rent, which was hanging back, and which all the row thought we ought not to pay, as the premises were not finished in proper time? A. So far from that I allowed his wife, before he married her, 5l. for any loss they might have been at in drying the premises; that was in 1829 - the prisoner said, a year and a half ago, they thought they had no right to pay the half-year's rent; I said it was useless to talk to me on
Prisoner to MR. OXENHAM. Q. When you first came in with the distress, did I not take you up to the first floor? A. You did - I made no inventory, but I looked over the house to see the value of the goods; I said I supposed you would settle it that day - there were bedsteads, bedding, and common sort of articles; in the second floor there were two rosewood loo-tables, quite new.
Q. Was there not in the back room a reclining-chair, that I told you was worth 200l., and that I was applying to get a patent for it? A. No, I saw no such chair; I thought there was sufficient in the house to pay the 40l.; there was a French sofa-bedstead in the front room first floor, and some painted chairs - there was not a set of dining-tables; there was a Pembroke table, and an old sofa.
JURY. Q. Supposing all the property you saw had been agreed to be taken at a fair valuation, what would have been the value, in your estimation? A. A hundred pounds would have been a fair value between a person coming in and another going out; it would have fetched about 60l. by the hammer.
Prisoner. Q. Do you think there were six chests of drawers in the house? A. I cannot exactly tell now.
Q. Was not every room full of furniture, so that you could hardly get into them? A. No, the second floor was very empty; I cannot tell the number of beds - I made the valuation in the usual way; the beds were very small, worth, I should say, 5l. or 6l.; they were three feet six inches French bedsteads.
Prisoner. I shall not ask him any more questions -I do not think him old enough to be a judge of his business; Baker can prove I was never about the house without an apron on.
Prisoner. Q. Was it not almost impossible to tell from the area wheather a man had an apron on; the bars are so narrow I could not get my hand between them. -Witness. I cannot say, I do not know the width, and never tried.
Prisoner. For me to be in the area I must be crumpled up, and was it possible to be seen in the area whether I had an apron on - it is only sixteen inches wide; I had nothing to fear from a distress, I had a 30l. bill in my pocket, and Curtis not getting it discounted at the market as he thought he should have done; my wife gave me two 10l. notes on the Sunday, and said, "Take this and pay a quarter;" I said, "It is of no use to-day, I will see Field to-morrow;" the copper was loaded up with wood and boxes, and the boxes came out too far for me to set the shavings apart - one bag laid flat on the other, not standing upright; they laid down, and the ends came halfway over the copper, and it was there I drew the shavings out at the end next the fire-place.
[July 6.] GUILTY - DEATH . Aged 35.
The following description of the plan of the basement story of the house in question, as produced in Court, may tend to render the evidence more plain.
The front of the house was towards the north - the kitchen occupied the whole of the western side; the stairs, watercloset, and copper being at the back or southern end of it - the eastern side consisted in front of a vault (called by some witnesses a wash-house), and at the back of which was another vault, separated from the front by a wooden partition, and in this vault was the coal-bin; the shelf on which was the card with gunpowder, shavings, &c. and in one corner the turpentine-bottle inverted - both vaults were separated from the kitchen by a brick wall, there being a door-way in the said wall between the front vault and kitchen, and another between the front and back vaults.
First Middlesex Jury, before Mr. Justice Gaselee.
MESSERS. BODKIN and DONNE conducted the prosecution.
SARAH BAYLEY . I am the wife of Robert Bayley , and live at No. 5, Compton-street, Clerkenwell , on the first floor; the prisoner occupied the shop and back parlour on the ground floor; Catherine Reilly lived with him -On Friday morning, the 15th of June, about twenty minutes or half-past five o'clock, I heard the deceased give a dreadful groan, and heard like a rumbling noise at the same time; it was in her room no doubt - I did not see her, but the noise came out of the back parlour, where she slept; I heard nothing more till the prisoner came along the passage, up to my bed-room door, crying "Oh, Mrs. Bayley, Mrs. Bayley, get up, get up - she is dead, she is dead;" this was not exceeding twenty minutes or half an hour after I heard the groan - I got out of bed, opened the door, and he was there naked, in his shirt; I ran down stairs as I was, and he came down after me - when I saw the deceased I said, "Oh, Reilly, you have murdered your wife;" he said, "I have not;" and said had I any money - I told him I had not; he said he wanted something to drink, for he must cut, he must cut- I then went up stairs, and put on my clothes, leaving him in the room - the deceased was laying on her back on the bed, with her clothes on; I left nobody in the room with the prisoner; I gave an alarm to the people in the house - I went down stairs again, for he still kept in a loud cry, "I must cut, I must cut" - when I came down I found him dressing himself; he said he must cut, he must cut, for off he must be - I said, "For God's sake, Mr. Reilly, don't cut and leave us all in the house, for we shall all he taken up, so cruelly murdered as this poor creature is;" he put a bag on his shoulder.
Q. On your saying "Don't go, Rielly," &c. what did he say? A. He said, "Hold your tongue, you bl-y fool, I am only going to get something to drink;" he ran outside the door, with the bag on his shoulder, and ran off when I first went down he kissed the body, and said, "Oh, Kitty, Kitty, what shall I do? What shall I do? my God, what shall I do?" in that dreadful tone; and I said, "Oh, you ought to have thought of that before;" when he went to the door I looked after him, and he ran away; I saw a Policeman standing, and said, "For God's sake, Policeman, do you see that man running with a bag?" I sent the Policeman after him, and he brought him back; I had seen the deceased alive at half-past two o'clock the afternoon before - she came up to my room; I saw the prisoner after she had been to me, and delivered to him the message she had left, which was, that she had shut her shop door, had locked her parlour door, left the key outside, and was gone out to seek some remedy, for he had got some
Cross-examined by MR. CLARKSON. Q. Where were you from three o'clock in the afternoon till between nine and ten? A. In my own room, about my business; I have seen the prisoner drunk - I have certainly at times seen the deceased have a drop with her husband: I have seen her drunk - I have lived there nearly two years.
Q. When was the last time you had seen her drunk? A. I cannot tell - she had been bad a fortnight, laid up in bed, through his brutish usage.
Q. On the Monday fortnight before this occurrence, did she not come home so drunk as to fall over the things and hurt herself? A. No, I never saw her quite drunk; I cannot say I do not drink occasionally myself - I had some gin with my husband about half-past nine o'clock, on the Thursday night; the prisoner was one of the party and paid for it - there was a quartern among a woman named Fleetwood, him and me; we had it in Aylesbury-street - my husband had some gin in Reilly's room that night, but I had not; that must have been after ten o'clock; when I met the prisoner in Aylesbury-street, I did not want to drink with him, but he would make me; he was perfectly sober, and had been at work that afternoon - he had some work, and said he was taking it home; the deceased has slept out many a time for safety - I do not know of her pledging his things; they kept their secrets to themselves - I do not think I have drank with her half a dozen times in my life; I never went to a pawnbroker's shop with her, nor drank with her after she had been pawning things - a Mr. and Mrs. Darnford lived in the street; there was a great quarrel between them about eleven o'clock that night - they live right opposite our place; I was in bed at the time, but could hear them quarrelling - our street door was not left ajar, but with a bolt and a string to pull it; any body outside could open it: I never saw Mrs. Reilly intoxicated - I have seen her fly out of the house, and be glad to sleep any where, even in a shed, to hide herself from him; I think I told the Coroner that I told the prisoner not to cut, or we should all be taken up, but you must make a little allowance for the fright and trouble I have had; I cannot recollect every word that happened - I do not know that the Coroner asked me about that; I cannot say whether I told him of the prisoner's saying, "Hold your tongue you b - y fool," &c.: I only answered the questions I was asked - I mentioned about hearing a rumbling noise before I saw Reilly; I did not, to my knowledge, mention to the Coroner that, I told Reilly he should have thought of that before, when he kissed her; I was not asked it - you must excuse me, for the fright I have had in seeing the state of the deceased and the way I have been put about; I have been the only one who has been at the head of it - I took her part all the time I was in the house; the last time I rescued her from the prisoner, he swore he would murder me.
MR. DONNE. Q. Where does Darnford live? A. Exactly opposite; it is rather a wide street - they were quarrelling outside their house; I got out of bed to see what it was - Daruford's wife was in the street, and he was calling to the Policeman to take her; I suppose she was taken to the station.
MR. CLARKSON. Q. When you saw the deceased dead in the morning, had she bonnet or shawl on? A. She had no bonnet, as to her shawl I cannot say - she had her other clothes on; she had a bonnet and shawl on when I saw her at half-past two o'clock - I do not know whether any bonnet was found in her room; I never said to a Mrs. Briant, or in her presence, that if the prisoner had twenty-five necks, I would hang him - I do not know her.
Q. Are you quite sure you never said that? A. Not to my knowledge; I have said it to many people, but I do not know her, and he ought to have been hung years ago.
COURT. Q. How had they lived together for the last fortnight? A. She was very ill, being laid up through his brutishness; after he had beat her he was more kind to her - there were no words between them after that, to my knowledge; when the prisoner returned on the Thursday, and I gave him the message, he asked which way she went, and I said, "The last time I saw her, she was at Mr. Chickles door;" and he said he would go after her.
Q. When you saw her dead in the morning, and he kissed her, did he say any thing to you about the way it had happened? A. No, he did not; he said he knew nothing of it - he was naked in his shirt, when he came up to me.
Q. Did he say any thing about what happened when he awoke? A. He said that he had never seen her - that he had just awoke, and found her on the bed; that was when I charged him with killing her - when she went out in the afternoon, she told me to tell him she had left the key for him, and I took it out of the back parlour door myself.
ROBERT BAYLEY . I am the husband of the last witness. On Friday morning, the 15th of June, I was awoke by the prisoner; as near as I can ascertain, it was about six o'clock; before that (it might be an hour or two) I heard a rumbling noise, as if a chair or table was being moved, but what it was I cannot say - whether I went to sleep afterwards I cannot say; I was not asleep when the prisoner came up; the noise proceeded from the bottom part, which they occupied - I cannot say whether it was in the front or back room I did not hear any sound besides the rumbling noise; when the prisoner came up in his shirt, my wife went down first -I immediately put on my trousers, and went down as quick as possible - before I went into the room the deceased was in, I saw the street door open, also an inner door, which was in the centre of the passage - I went into the back parlour, and found the deceased laying on the bed; she had her clothes on, but whether she had a shawl or bonnet I cannot say, but I do not think she had - she was on her back, and to the best of my knowledge some of her clothes were covered over her; I cannot be certain - I felt her - her hands were warm, but she was quite dead - I looked at the prisoner, and said, "Reilly, I am afraid you have committed, or done murder, "I do not know which; he said, "I have done nothing, and I know nothing till I awoke this morning, and she was laying here by the side;" I understood him to mean the side of the bed: the body laid on the bed, on one side - I understood him to mean the floor, for he pointed to the floor, and I saw a great deal of blood on the floor, at the foot of the bed, by the fireplace.
Q. Then was there blood at the side of the bed as well as the foot? A. I did not see it; I say it was on the floor; the prisoner came into my room, and said, "What shall I do? what shall I do? I must cut, I must cut" - he had then dressed himself; that was before he was brought back by the Policeman - I had gone up stairs after going down and seeing his wife, and he dressed and came up; he went down after saying this, and my wife, who was then up stairs, went down after him - I did not see him again till the Policeman brought him back; the Policeman went into the inner room, where the deceased lay, leaving him in possession of me and Gibson, another lodger - he attempted to get away from me - I took him by the collar, and said, "Reilly, you shall not go."
Q. In what way did he attempt to go? A. I will not be sure whether he said, "You d-d fool," or "You b-y fool, I only want to go and get something to drink;" he was going towards the door - I took him by the collar, and said, "You shall not go," and we detained him; I had seen him the night before, going in and out - it might be about half-past ten or eleven o'clock; I drank with him about eleven o'clock, and went to bed directly after, leaving him in the shop.
COURT. Q. You say you heard a rumbling noise about an hour before you were alarmed - are you quite sure you heard no noise in the prisoner's room between that time and when the prisoner came up? A. No, I heard no voices nor groans.
Cross-examined by MR. CLARKSON. Q. When you seized him by the collar, and he said he was going to get something to drink, was he not very much agitated and distressed? A. Very likely he might be; he had told my wife before, that he must have something to drink, and he wanted her to get him something, but she would not.
COURT. Q. Had he come into your room about five o'clock on the Thursday afternoon? A. Yes, to ask for some water for his tea; he was sober then, and said he had been to several places looking for his wife, and could not find her - there was a noise before Darnford's house about half-past ten o'clock, but I did not see Reilly there; I lifted my window up to see what the noise was, and Reilly called out to me, "Bayley come down" - he was at his own door; I went down, and partook of the gin in the shop - he was certainly tipsy then, but I have seen him more so; his wife certainly had been in the habit of drinking.
JOHN GIBSON . I lodge in the second floor, at No. 5, Compton-street; I was the prisoner's lodger - it is his house. On Thursday, the 14th of June, I went to bed about nine o'clock, and was disturbed a little before half-past one, by a great noise, as if something heavy had fallen; it came from the ground-floor, and I supposed it to be from the back parlour, for it shook the partition of my room, which is a back room - I heard a continual noise, which appeared to me as if the goods were being removed, and after that, I heard the prisoner's voice; he said, "You b-y, b-y whore, what have you done with that gold?" and there was another word, which I could not distinctly hear - I knew the deceased's voice very well, and heard her say, "O Lord, O Lord;" I heard the rumbling both before and after that, and till past three o'clock- I got up, and opened my room door when I heard the deceased say, "O Lord," and remained there about a minute; I heard nothing else - I heard the front door bolt and unbolt three or four times, and heard footsteps from the back parlour to the street door; I kept awake till after three o'clock, and then went to sleep - I am certain about the time, for after I awoke, the chimes went half-past one, and I heard the clock strike two and three, and after that went to sleep; I was awoke again about six, and the house was alarmed - I went down, and saw the prisoner brought in; he was left in charge of me and Bayley - he tried to escape between me and Bayley, but did not succeed, and he said, "You b-y fool, I only wanted to get something to drink."
Cross-examined by MR. CLARKSON. Q. Had you and the prisoner disagreed about rent at any time? A. Yes, I am in his debt for rent now - the disagreement was three or four weeks ago from this time; it was because I did not pay him - I owed him 7s. or 8s., or it might be 9s.; I cannot tell on what day we had the quarrel - I have not been with Mrs. Bayley when she said if he had twenty-five necks she would hang him, nor have I joined her in saying so; I and my wife both awoke together - it was not on the Wednesday or Thursday previous to this that I quarrelled with him about rent - it was a long time before that; I paid part of it a week before - I believe the deceased was in the habit of drinking; I never saw her and Bayley drunk together - I had none of the gin on Thursday night.
MR. BODKIN. Q. What business are you? A. A tailor; I have lodged there six months, and paid 2s. 3d. a week - I owed him for about four weeks; the room was not furnished - I told him I would pay him as soon as I could; I had paid him for five months before - I had no quarrel with him.
ELIZABETH GIBSON . I am the wife of the last witness - we went to bed about nine o'clock, and were awoke when the chimes struck half an hour, and the clock afterwards struck two - it must have been half-past one: the noise appeared as if the partition of our room was shaken, and we started up together in a fright; I do not know what it was, but I considered that Reilly was moving his goods - it appeared to proceed from his back parlour; our partition is wainscot, and the same sort of partition continues down to his back parlour; I heard a continual noise going in and out at the street door - it kept being bolted and unbolted, and footsteps going along the assage to the back parlour; I heard Mr. Reilly's voice (if ever I heard it before), saying "What have you done with that gold ring, you bl-y whore?" that was repeated three times, and on one occasion the word bl - y was used twice; I heard Mrs. Reilly say "Oh Lord, oh Lord," in a very mournful tone; I went to sleep about four o'clock - I heard a continual noise going in and out of the street door, and what appeared to me like kicking against some hard substance, and then soft - my husband got out of bed, and opened the door; I flew to him, to prevent his going down stairs; we got into bed again - I do not recollect which went to sleep first: the noise ceased at different intervals before I went to sleep - I do
Cross-examined by MR. BALL. Q. Is it usual to leave the door on the latch? A. There is a string with a hole through the door, which will remove the bolt, for any of the lodgers to get in any time they think proper; the bolting and unbolting made a great noise on this occasion.
Q. If it had been unbolted before half-past one o'clock, would you not probably have heard it? A. I suppose so- I was awoke by the partition being shook; we live at the back of the house, and do not hear waggons pass.
MR. BODKIN. Q. Is the string at the top or the middle of the door? A. Nearest to the middle; the lodgers in the house knew how to pull the string - it was a thickish piece of twine, with the knot outside; it had no handle.
JOHN WEST . I am a Police-constable. On the 15th of June I saw Mrs. Bayley, and from what she said I looked and saw the prisoner crossing St. John-street, at a very quick pace; I overtook him, and asked where he lived; he said in Compton-street - I asked where his wife was; he said at home - I said he must go with me, and took him into custody, to No. 5, Compton-street, and left him in the front room ground floor; he had a bag, containing new leather; I went into the back room; the deceased was on the bed, laying on her back, and the head rather inclining to the inner part of the bed - the face was very much swollen, and the eyes black; she had a severe cut on the head; her clothes were on - I observed a great quantity of blood on the floor, at the foot of the bed, and one spot of blood on the second drawer of a small chest, near the foot of the bed; on the fire-place was a shovel, with some human hair on it, and blood on the hair - that is in the constable's possession; I saw an iron stew-pan standing close to the fire-place, at the foot of the bed, and spots of blood on that - I did not examine the deceased's clothes; I took the prisoner to the station-house, searched him there, and in his coat pocket I found this silk pocket-handkerchief, with wet blood on it - it appeared much wetter than it is now; his left shoe was much stained with blood, and had hair on it on the same part as the blood, there is one or two hairs on it now, but having been taken out so many times some of it has got off; it was then damp, and had apparently been wiped - I was confident it was blood, from the smell; his trousers were spotted with blood - both his hands had a great deal of blood on them, and particularly the back part of his right hand; the blood on his trousers was wet
Cross-examined by MR. CLARKSON. Q. You smelt the blood on his shoe? A. Yes, the moment I took it from Mr. Whitmore's hand; I could see it was blood, as well as smell it - Hall, the constable, has his trousers; the Magistrate ordered him to be stripped in prison - the blood on the floor appeared fresh; it appeared to be wiped, but I did not feel it to see if it was wet - I took the shoes from the prisoner's feet, and the trousers were on his person; the bed-side comes close to the fire-place - I suppose there is not above two feet distance; a stew-pan stood on the floor, with its bottom downwards, as if it had laid there some time- the blood on the floor was between the drawers and the bedstead, against the foot-post; the drawers were on the right-hand side, against the wall; the blood was mostly between the drawers and the foot of the bed - the prisoner, before the Magistrate, accounted for the blood on the handkerchief as being from a cut in his finger; there was a small cut on his finger - he told the Magistrate the blood on his hands arose from his lifting the deceased from the floor to the bed; I took him about two hundred yards from his house - I was not two minutes talking to Mrs. Bayley; he was walking, but certainly at a quick pace.
DAVID LOCKE . I am a Policeman. About seven o'clock in the morning of the 15th of June I was sent to the prisoner's house, and searched the ground floor back room -I found an apron stained with blood in one corner of the room - it appeared like a woman's apron; one end of it was in the bottom drawer of a chest, which stood at the foot of the bed; the drawer was partly open - this is the apron (looking at it); this corner of it was in the drawer, and this, which is now mouldy, rested on the floor, and was stained with blood - there was no blood on the part which was in the drawer; the apron joined together with the blood which was on the floor - there was a curtain on the drawers stained with blood and dirt together - there was a small portion of flesh, about as large as a pen, on the cdge of the drawer, which was not closed; it might be half an inch from the extreme corner of the drawer; it appeared to me to be caused by the head or some part of the body knocking against the door, and being grazed, so that the edge cut part off - I found this shift (looking at it); there were marks of blood on it, but that appeared to have been standing about two days - it was in the corner behind the drawer, near to where the blood laid on the floor - it was folded up; there was a small quantity of human hair in the shift; the blood on it was not fresh - here is a paper containing the hair found on the apron, and that in the shift; I compared it with the hair of the deceased, and it corresponded; also that found on the shovel - the shift was about eighteen inches from the shovel - the drawers are eighteen inches from the fire-place, and the foot of the bedstead is fifteen inches from the fire-place - the shovel was on the top of the stove, where the fire is made; it is a sifting shovel, with holes in it, and without a handle; I found some duplicates in a case in the drawers, and here is one among them for a wedding-ring, pawned on the 2nd of April, 1832; I examined the shop and the passage, but found not the least appearance of blood whatever there, either in the shop or passage.
WILLIAM HALL . I am an officer of Hatton-garden. On the 15th of June I examined the prisoner's clothes, as he stood at the bar of the office; I have them here - I observed blood on the trousers, and on his shirt; on the shoulder of his shirt, and a little on the waistcoat - I asked how the blood came on the shoulder of his shirt; he said by picking her up, and that on his trousers and on another part of the shirt, he said, was occasioned by cutting his finger - there was some blood on the flap of his shirt; there was very little blood on the waistcoat - he said nothing about that.
Cross-examined by MR. CLARKSON. Q. The blood is on the right leg of his trousers? A. Yes, it was nearly dry - this was about twelve o'clock.
Q. Was it after twelve that you heard it the first time? A. Yes - it was a disturbance in the street that led me to my door; I found it was a tipsy woman at her own door, opposite - she was taken to the station; I had heard none of this noise before that - I do not know when I heard it first, for I was asleep, and it awoke me, but the last noise was about two o'clock, I think - I knew the deceased very well; I had seen her the morning before, and last, between seven and eight o'clock in the evening, she came for halfpenny worth of snuff; she was sober then, but was very poorly, and had been so for two or three days - I asked how she was - she said a little better.
Cross-examined by MR. CLARKSON. Q. Was it soon after you went to bed that you heard the noise? A. I had fallen asleep, but it was certainly a very short time, because I was awoke three or four times, and the last time was before day-light - I have a clock, but did not notice the time; I spoke to the prisoner about five minutes before twelve o'clock that night; he was in the street, looking at the noise - he was in the habit of dealing in toys.
JOHN DIMMOCK . I live with Mr. Tasker, a cheesemonger - I know Catherine Reilly, by her coming there for goods. She came to our shop on Thursday evening, about ten o'clock or a quarter-past, for something: I saw no difference in her then, from other times - my master lives in St. John-street, nearly opposite Compton-street.
MARY COTTRELL . I am an unfortunate woman. On Thursday, the 14th of June, about one o'clock in the night, I was with Sarah Ryan at the corner of Aylesbury and St. John-street, and met the prisoner; I did not know him before - we asked him to go and have a drop of something to drink; we spoke to him first - he said he had a drop of gin at home, if we liked to go home for it, we went home with him to his house in Compton-street - we went into the passage, just inside the street door, and he took the bottle off a shelf in the shop - the shop door is close to the street door; he said if we liked to stop a little while he would go and fetch some more - he just went to the corner of Compton-street, but could get none, and came back without any; we were not there five minutes altogether - he then asked one of us to stop with him all night; I asked where his wife was - he said she was gone into the country, and he knew she would not be at home that night; we rather doubted that, and neither of us would stop - he gave us two or three toys, and knowing the landlord of the White Hart, we went, and wanted to leave the toys there for a quartern of gin - that was a little after one o'clock; we went there directly from the prisoner's house; I saw nothing more of the prisoner; but just before we had the White Hart to treat her, and we were there - it is four or five doors down Aylesbury street.
Cross-examined by MR. CLARKSON. Q. I suppose you were sober? A. Yes; we went with him, and sent him in doors first, as I thought his wife might be at home; he opened the door, but I do not know how - I know it was shut when we came away; we left him at the house - he did not seem the least out of temper; we did not go further than the passage, but we could not stand there without seeing into the shop door - we stood outside in the street while he went to the corner for more gin; we left the door open - he came back, went in, and shut the door; I did not take notice whether the bolt fastened - I supped at home, but was at the public-house on and off all the evening; the landlord happened to be up, doing something to his cellar - we heard him knocking, and got him to let us in; I do not know what became of the woman, who came into the White Hart with the prisoner - I think that was about one o'clock; it was getting on for two when we left him - I told the Magistrate it was between one and two, that we saw him at the White Hart; that was the time, as near as I can tell.
MR. BODKIN. Q. You went with the toys to the White Hart, after you left the prisoner? A. Yes, I did not look at any clock to know the time.
SARAH RYAN . On the 14th of June, I was out with Cottrell; I saw the prisoner a few minutes before one o'clock; and went to his house with him - we were five or ten minutes with him; I did not hear him say any thing about his wife.
JAMES ETHERIDGE . I keep the White Hart, in Aylesbury-street. Cottrel and Ryan brought some toys to my house on the night of the 14th of June; to the best of my recollection, it was nearer one o'clock than twelve - they asked me to let them have some gin for them: and said they had been home with old Reilly (who was at my house a quarter of an hour before, with another woman, whom I knew by the name of Betsy) - I believe Reilly to be the man - I refused to give the gin for the toys.
Cross-examined by MR. CLARKSON. Q. How long was Reilly there before the woman came with the toys? A. I should think half an hour; my shutters were up, but the door merely closed; I cannot speak to the time for ten minutes; the woman I believe called him old Reilly - she knew him, because she told me she had asked him if his wife was at home - they did not talk to him at my house; I took but little notice of him.
MR. BODKIN. Q. Cottrell called him by name? A. I think so; she told me after she had been to his house, that she asked him about his wife - that is my only reason for thinking she knew him before; I think this was about one o'clock.
RALPH BRANCH . I am a private watchman. I was on duty in the neighbourhood of Compton-street, on Thursday night the 14th of June, between one and two o'clock - I cannot fix the time nearer than that; as I passed the prisoner's house I heard a rumbling in the house, which caused me to stop there and listen for a minute or two - I knew the prisoner and heard him call Mrs. Reilly a b-y whore; he said he would break her b-y neck- I heard her answer, "O dear me!" and heard what appeared to me to be her head hitting against a board, but whether it was so, I cannot say; I knew his wife; she said,"O dear me!" after I heard the knocking against the board; it was said in a mournful tone, as if he had been ill-using her - as soon as that was over the prisoner opened
Cross-examined by MR. BALL. Q. At what time did you first come into Compton-street? A. About ten o'clock; I cannot tell whether I was there at half-past twelve, as my beat is in St. John-street - I cried half-past twelve in Compton-street; I do not know whether the clock had struck the half-hour - I was in Compton-street between one and two o'clock, and left it between one and two; I did not see Reilly with two women - when I saw him at the door, I said nothing to him about the noise, for I had heard noises so frequently between him and his wife, that I took no notice of it; they were continually quarrelling - I never quarrelled with the prisoner about a Christmas-box, or any thing else; I never applied for one at any house on his side of the way - I never had a dispute with him; but in discharge of my duty I have been obliged to go into his place, but I have been ordered out; he told me to trouble my head with my own business, but I had no dispute with him - I do not apply to people in his situation for Christmas-boxes.
COURT. Q. When you hear a man and his wife quarrelling at half-past one o'clock in the morning, why not go in and ask what it was about? A. I had no business in his house; I am only a private watchman - the Police are in the neighbourhood.
JOHN GOODWIN . I am a Policeman. I was on duty in Compton-street on Friday morning, the 14th; I met the prisoner there, about twenty minutes after four o'clock; I have known him these two years - I asked what he was doing up so early; he said he was looking round for a doctor's shop.
HENRY WHITMORE . I am a surgeon and apothecary, and live in Coldbath-square, Clerkenwell. I was called in, on the 15th of June, by the parish officers, and saw the deceased about eight o'clock in the morning; she was laying on the bed, in a natural position, on her back, with some clothes on - with the assistance of my apprentice, I moved the clothes, and observed many integumental marks of bruises and contusious, more particularly about the face, head, and upper parts of the body - she had no cap on; her hair was matted with blood - there was a wound on the superior part of the head, extending through the scalp and pericranium, and exposing the crauium; it was of a triangular form, about an inch each way - there was another wound on the posterior part of the scalp, of a rounded form, and not extending through the pericranium; on making the usual incision to examine the head, which extends across it, from ear to ear, over the top, I found that the scalp, to a greater size than the palm of my hand, was already separated from the pericranium, and on my separating the integuments, black blood escaped, so that it was not perfectly coagulated; on removing the super or part of the cranium, I found a red blush on the dura mater, corresponding with the triangular wound on the intogument, which had denuded the cranium; the mark corresponds with the wound in situation and size, one being under the bone, and the other over it; I should think the wound must have been as recent as a few hours, the blood not having coagulated - there was a mark on the right hemisphere of the brain, corresponding with the triangular wound; there was some disease - the membranes covering the brain were thickened; the brain itself was very healthy and firm, and the cranium not fractured any where - on proceeding to examine the thorax, I could feel through the integuments, that many ribs were broken on each side, and ascertained that five superior ribs on the right side were fractured, about two inches from their termination, towards the front; these short broken ends of the bone were pressing on the lungs below - a quantity of coagulated blood was in the thorax on that side; it had effused from the lungs - there were about ten or twelve ounces, and about four ounces of it were in a coagulated state; on the left side nine ribs were broken, much more posterially than on the right, numbering from the second to the tenth, both inclusive; the broken part of the spinal ends of one or two of them had perforated the lung, and wounded it; blood had effused to something like the same extent as on the other side. I have no doubt, that although the fluid was then coloured with blood, that there was a deposition of water there before the injury; that is an evidence of some by-gone disease; I think it was on both sides, but certainly on the left; the quantity was not material, not to interfere with life - there was some adhesions on both sides passing from the lining of the ribs to the covering of the lungs; it is right to mention that, as they are evidence of discuse having existed some time or other, though, perhaps, not at the time of death; although this evidence of disease might interfere with enjoyment of the higher order of life, it could not cause death - on examining the left arm, the bone above the wrist was fractured - the end of the outer bone was considerably pressed from its situation; the outer bone of the leg was fractured three or four inches above the ancle - the scapulse on the right side was broken into many pieces; one other bone of the left hand was fractured about the centre; it appeared to me that the fracture of the ribs must have been inflicted by some large body; a poker, or any thing small would have left a corresponding mark; it must have been some larger body; as I could find nothing in the room to do it, I looked at the prisoner's shoes, which the Policeman showed me; I saw some blood on them, and fancy I can see some now, but it was more crimson then - there were a few hairs, which corresponded with the hair of the deceased's head, which I took with me for the purpose of comparing; they were very few in number; the prisoner had a slight cut on his fore finger; it was recent, and might have been inflicted with a knife.
Q. Would kicking. or trampling on the body of the deceased, have produced the effects you have described in the trunk of the body? A. I consider so; the broken fragments of the ribs had perforated the lungs, and on the eft side that was particularly manifest - I attribute the death
Cross-examined by MR. CLARKSON. Q. The hair on the shoe and on the shovel had nothing to do with the mortal injury? A. I think not; the injury to the wrist and to the head had nothing to do with the death.
Q. In short, your evidence is, that the injuries received by the deceased, on the ribs, were remotely the cause of death? A. They were the cause of death; the fracture of the ribs, and the perforation of the lungs, would be simultaneous; the great displacement of the parts convinces me that the lungs must have been perforated the instant the ribs were fractured.
Q. Can you be certain the ribs had not been broken some days before? A. Certainly; life could not have endured many minutes after such displacement had taken place, it must have been instantaneous, the broken ribs had overlaped, and the lung itself was so displaced as to be carried over the spinal rib, which pressed into it.
Q. Then in your judgment, she died from no fracture of the ribs, but in consequence of their perforating the lungs? A. One was the consequence of the other, the fourteen ribs being broken would certainly have caused death; she died from the fracture of the ribs, which caused the rupture of the lungs; if fractured ribs ever caused death, it certainly did in this case.
Cross-examined by MR. BODKIN. Q. Could a person, having received the injury you have described, have come into the house alone? A. It is impossible; she never could have respired.
COURT. Q. What do you suppose caused the wound on the head? A. I see no reason why kicks might not do it or trampling, that would also break the bone of the leg - there was no mark of any shoe nails; there are some nails in one shoe, but not in the bloody one - both have an iron tip at the heel - the deceased hadher clothes on.
MR. MALLETT. I am clerk to the Justices at Hatton-garden. I was present at the examination of the prisoner on this charge; this examination is my hand-writing, and has the Magistrate's signature to it - it was taken down from the prisoner's mouth; I read it over to him - he did not sign it, but stated it to be correct, he first made the statement on the 15th - at the last examination the original statement was read over to him, and he said he had nothing to add to it; that was on the 22nd of June - he was called on by the Magistrate, to know what he had to say; I read over slowly to him what he had said, and he approved of it - no inducement was held out to him; he was not asked to sign it - (reads.)
The prisoner says, "When I awoke she was laying in that state; the front door leading into the shop was wide open: I took her up in my arms, and that is the way I got that blood on my shoulder; I went up to my lodgers; I do not know at what time she came home; when I awoke at six o'clock she was laying there. I have nothing more to say.
Prisoner's Defence. I consider myself entirely innocent of the charge - I have nothing more to say, but leave it to the Jury.
[July 9.] GUILTY - DEATH . Aged 50.
First Middlesex Jury, before Mr. Sergeant Arabin.
1423. MARY LAWES was indicted for stealing, on the 22nd of June , at St. Anne, Westminster , 1 necklace, value 15s.; 1 pair of buckles, value 1l.; 1 pair of earrings, value 8s.; 3 brooches, value 12s.; 1 ring, value 5s.; 2 gold pins, value 5s.; 2 purses, value 1s.; 1 piece of foreign silver coin, value 6d., and 7 sovereigns, the property of John Irvings , in his dwelling-house . - To which she pleaded
GUILTY. Aged 15. - Judgment Respited .
Second Middlesex Jury, before Mr. Sergeant Arabin.
1424. JOHN RANCE was indicted for stealing, on the 6th of June , at Hillingdon, 1 coat, value 2l.; 1 waistcoat, value 14s.; 4 pairs of trousers, value 3l.; 1 pair of breeches, value 15s., and 4 yards of woollen cloth, value 2l. 8s., the goods of William Birch , in his dwelling-house .
WILLIAM BIRCH . I live at Uxbridge, in the parish of Hillingdon, in Middlesex - it is about sixteen miles from town: it is my dwelling-house - I am a tailor . On the 6th of June I lost the articles stated in the indictment, which were worth about 9l. 7s. at the lowest; they were taken out of my shop, as I suppose, between twelve and two o'clock in the night; I had left the window open for the sake of the air - I missed them when I got up in the morning; I had seen part of them the night before; I knew the prisoner - he sometimes lived in the neighbourhood and sometimes not; he is a sawyer - suspicion fell on him directly; I went to my brother, who is a constable, and the prisoner was taken at High Wycombe on the 13th; when he was brought to me I identified a pair of trousers which he had on, and asked him if he would tell me what he had done with the other things; neither threat nor promise were held out to him - he told me to get him a pen, ink, and paper, and he wrote me two notes - here is what he wrote, (reads) "Sir, the coat I sold for 18s., but never had but 3s.; the black trousers and black velvet waistcoat was in pawn for 8s. - if you will not take me to find them, I will tell you "here they are, for I don't want to go there any more;" and on another paper he wrote " Joseph Brown has got the coat, and the rest of the things are at Mrs. May's - go there directly, or they will be gone; the coat is at John Brown's, down the same row as Garratt's" - (looking at the property) this is all mine, and what was stolen; I had seen the prisoner at Uxbridge on the 5th of June.
JOHN BIRCH . I am a constable. My brother informed me of the robbery - I found the prisoner in custody at Wycombe; he had a pair of trousers on, which the prosecutor claimed - I afterwards went to Mrs. May's house, and there found all the property but the trousers and coat.
RICHARD HAILEY . I am a constable of Wycombe. -I apprehended the prisoner with a pair of trousers on, which the prosecutor claimed - I afterwards went to May's, and found part of the property, and at Brown's I found a duplicate of a pair of trousers, a waistcoat, and the coat.
JOSEPH BROWN . I am a labourer, and live at High Wycombe. I have known the prisoner about a fortnight - he sold me this coat, and said it was his own; I gave him 3s. towards it, and was to give him the rest in a week.
Prisoner's Defence. I do not know any thing about it.
GUILTY. Aged 18.
Judgment Respited .
Recommended to Mercy by the Prosecutor, on account of the bad example set by his parents, who have both been transported .
Third Middlesex Jury, before Mr. Justice Gaselee.
CHARLES JONES . I live at Eaton. On the 25th of May I turned my mare pony out to grass on Eaton-common ; I saw it there last on the 27th of May, at seven o'clock in the morning, and missed it about three in the afternoon of the 28th; I found it on the road to Brentford on the 29th, with the prisoner in custody; I had received a note from the constable on the 28th, and went before the Magistrate at Brentford on the 29th, and saw the prisoner there with my mare; I am quite certain it was mine, and the one I lost - I had bought it on the 5th of November - I do not know the prisoner; he was a stranger at Eaton - the common is enclosed.
RICHARD BOUCHER . I am a Policeman. I was on duty at Colnbrook on Sunday night, the 27th of May, at eleven o'clock, and the prisoner came up to Colnbrook gate, with this pony; I asked where he brought it from; he said from Colnbrook, and was going a little further on the road, with a message, and to return again; about half-past twelve o'clock I overtook him again, within a mile of Hounslow - I then asked where he brought the pony from; he said out of Oxfordshire, but he did not say where, and in about five minutes he said he had been from Notting-hill to Eaton school, to deliver a message to a young gentleman; he was then going to London: I detained him, seeing the pony had neither bridle nor saddle, and in the middle of the day I had information that the pony belonged to Jones; I wrote to him - he came to Brentford next morning; I kept the pony till I delivered it up to him - I apprehended the prisoner in Middlesex.
Prisoner's Defence. I had been living with Lady Compton at Notting-hill; I went to Eaton-school, as mistress had turned me away, to beg his Lordship's pardon, and get myself back to my place again - I saw the pony in the road, and it being very late, I had a bit of string, and thought I would tie it round its neck and ride a little way - I never meant to make a property of it.
GUILTY. Aged 19.
Judgment Respited .
Recommended to Mercy, on account of his youth.
Second Middlesex Jury, before Mr. Justice Gaselee.
MR. CLARKSON conducted the prosecution.
BENJAMIN SOWERBY . I live at Messingham, in Lincolnshire, near Brigg; it is fifty miles from Grantham - the prisoner was in my service as a drover off and on for nearly five years. I had a lot of one hundred and sixty-nine sheep; the prisoner was a general drover , and lodged in the town - on Tuesday, the 3rd of April, I employed him to take the one hundred and sixty-nine sheep to Grantham fair ; I helped him out of the yard with them myself - I afterwards went to Grantham; I got there on Sunday afternoon, the 8th, and found him there - he then had one hundred and sixty-three sheep; he said he had sold five, because they were lame - I sold forty-four at Grantham on Monday, the 9th, and gave him orders and money to bring the one hundred and nineteen sheep into Smithfield market for me, on the Monday following; he was to be in the market on the Monday with them - I told him to stop on the road at the usual places, and to meet me at the Spread Eagle, Gracechurch-street, on Sunday, the 15th, at half-past four o'clock - he had no authority from me to sell the sheep.
Q. Were you in his debt at that time? A. There might be some little settlement - I do not fancy that I owed him 5l.; I am sure I did not owe him 10l.; I used to give him money, and he paid the expences on the road - I gave him no authority to sell the sheep; I went to the Spread Eagle at half-past four o'clock on Sunday, and waited there till five o'clock; I then got a boy to show me the way to Smithfield; I met Shelton at the Red Bull, Islington; and, in consequence of a conversation with him, I got Turner, the officer, that Sunday evening, and on Monday morning, the 16th, I found the whole one hundred and eighteen sheep at Smithfield market, in possession of different salesmen - Shelton saw them afterwards; I was offered a guinea each for the sheep at Grantham - on the 21st of April I received a letter from the Mayor of Colchester, and found the prisoner in custody there on Monday, the 23rd; I had no warrant for him, and they refused to deliver him up; I afterwards got a warrant from Hatton-garden, and he was brought to London.
Cross-examined by MR. BODKIN. Q. The prisoner had been employed by you for four or five years. A. Yes, off and on, as a drover, not as a regular servant.
Q. Did you swear before the Magistrate, you never in your life authorized the prisoner to sell any sheep or beasts, unless you were present at the time, or else somebody to take the money? A. I stated that before the Magistrate; I say the same now; I left a note at Newark for him to sell some beasts, if I did not come - I expected to send George Taylor to meet him, but when I got home, he was not at home; the prisoner sold three beasts there; I did not recollect that before the Magistrate; I do not recollect his selling two hundred and sixty sheep at Stamford fair in November, 1829, but I know he never had sheep to sell for me, unless he had a man with him to take the money; I do not recollect his receiving 200l., and giving a receipt for the money - he received no money whatever for those sheep, for I now recollect it, and I sold them myself, and received the money; I forget how much it was, or who bought them - it was not money, but a bill - I received it afterwards; I think they were sold to Skill, a farmer, at Bicknell, sixty miles from me; I did not at first recollect he had bought them - I received the bill myself, and believe it is now laying at Jones', in Smithfield; I passed the prisoner returning from Stamford fair, when I was on a coach, between Sleaford and Lincoln, and then reJohn Bell was at Grantham, but not when the prisoner left with the sheep.
Q. Did you not give the prisoner orders to dispose of these sheep at all events? A. I did not; I was to be here myself to sell them - the prisoner gave me no account of them at Colchester; I did not see any money produced from him there.
Cross-examined by MR. CLARKSON. Q. Do you dispose of many thousand cattle in a month? A. About one thousand; I farm about six hundred acres, part of which is my own - I employ several drovers; I never in my life employed the prisoner to sell, except when another person was present to receive the money: I had a particular reason for that, from the first time he came to me - the sheep were worth about 24s. each, which would be about 150l. - I was obliged to make something of them; I am sure my appointment with the prisoner was to meet at the Spread Eagle, on Sunday, at half-past four o'clock.
JOHN SHELTON . I live at Edenham, near Bourne, Lincolnshire - On Saturday, the 14th of April, I saw the prisoner coming from Whetstone; he was coming out of the country, towards London, and had one hundred and 18 Scotch sheep- I asked him where he was going with them; he said to Smithfield - I asked if he would sell the sheep: he said Yes - I asked him whose they were: he said they were his own - I did not know him before - I asked what he wanted for them: he said 28s a piece - I said he asked a great deal too much, but if he could set them at a sovereign a piece I would give him a bid for them.
Q. Did he say why he sold them on the road? A. Yes; he said he should like to sell them there, because he must go back to St. lves market, to meet his brother, who was to sell some beasts there - St. lves is in Huntingdonshire, not Colchester way; after handling the sheep over he put them into the stable, and then we went to a public-house: this was Saturday night - I bid him 16s. each for them that evening, but he wanted 26s., and on Sunday morning, at half-past four o'clock, when I came down, he stood against the public-house door, and said "Good morning;" I asked if he was ready to go; he said "No, he was not going yet; I said very well, I must go" - I went on five or six yards; be then came to me to know where the man's house was at which he had put his one hundred and eighteen sheep - I showed him the house; I then bargained with him for them, and he agreed to take 16s. a piece - I took the sheep to town, and placed them in the hands of different salesmen at Smithfield - I kept twenty of them for myself - I saw Sowerby on the Sunday evening, at the Red Bull, Islington, and on the Monday morning he found the sheep out in the market himself, in the hands of the different salesmen, who I had placed them with - he got a Policeman and took them; they were afterwards sold on his account.
Q. You applied to the prisoner first to sell the sheep? A. Yes, I asked if he would sell them: he said Yes - he said in the morning "What do you say about these sheep:" I said "What I told you last night" - he endeavoured to get as much for them as he could, and I tried to buy them as cheap as I could - it wanted about a quarter to five o'clock on Sunday when we concluded the bargain; I left Whetstone about that time - none of them were sold before Sowerby claimed them; the salesmen were to sell them for what they could fetch - I believe fourteen were finally sold alive, and the rest dead - Sowerby ordered them to be killed- I consider I bought them at a fair price; they came to 94l. 8s.
JURY. Q. Were they fit to kill? A. Most of them were - some, I thought, more fit for store; I did not consider it any bargain - there was more chance of losing by them than winning.
SAMUEL BLYTH . I am sergeant-at-mace for Colchester. On the 18th of April the prisoner was at Colchester - that is not the way to Huntingdonshire; I first saw him on Wednesday, the 18th of April - he was detained by a constable, from information I had received; he was taken at a lodging-house for travelling beggars there; I went myself to take him - the constable (Betts) had detained him by my direction; when I apprehended him he said nothing -Betts said, in his presence and hearing, "Is this the man you want?" I said it was - he appeared very much agitated - I then took him before Mr. Spurling, the Mayor, who took down in writing what passed, and ordered him to be detained; at that time we knew nothing about any sheep; he had in his possession 50l. in notes, 41l. in gold, and 10s. in silver, which I took from him, in the presence of the Mayor - I asked him, as we went along, how he came in possession of so much money - he made no answer; he said nothing that I recollect, except before the Mayor; there is a sailing packet from Colchester to Hull, and I have heard there is a passage from Hull to Canada; the prisoner had booked himself to go to Hull - that was mentioned at the Mayor's room; after we took the prisoner we went to the captain to inquire if there was any luggage; there was none at all.
Cross-examined by MR. BODKIN. Q. Perhaps you know that Hull is the cheapest way to Brigg, in Lincolnshire, where the prosecutor lives? A. I know nothing of that; he did not tell me he was going the nearest way to Mr. Sowerby's, when I took him - he admitted, before the Magistrate, that he had received the money for the sheep; I found he had agreed to pay 10s. for his passage to Hull,
ROBERT DUKE . I am a constable of Hatton-garden. I went to Colchester, and received the prisoner in charge on the 3rd of May, and on the road to town, on the coach, he told me his master owed him 28l. or 29l., and if he had not done as he had he never should have got the money.
Cross-examined. Q. Did he tell you he was going to Hull, as the nearest point to Brigg? A. No; I do not know of any vessel going from there to Brigg.
MR. SOWERBY. There is a packet goes from Brigg to Hull.
COURT. Q. How did you pay the prisoner? A. I give him money when he wants to pay it away on the road - he agreed with me for 3s. a day - that is what I regularly give drovers.
Prisoner's Defence. Here is a book with an account where I have been selling for him these five years for him - when he started me with these sheep he ordered me not to return till I had sold them; I gave him at Grantham what money I had received; he never confined me to any price, as some of them were dying every day, and they were getting worse, he said I must go, and not return till I sold them; if I could not sell them at London to sell them at Romford, or any market I could; I sold them, and was returning home the cheapest way. to give him the money - I could get from Hull to within four miles of where he was for 6d., and if I had gone by coach it would have cost 2l. and more.
JOHN BELL . I am a cattle-dealer. I was at Grantham fair last April, and saw the prisoner leave there with 118 or 119 sheep; I did not hear Mr. Sowerby give him any orders, but I was in company with Sowerby the night before Grantham fair; he said if he did not sell the sheep, he should send them to London, and asked me what market they would meet with on the road to Smithfield - I said they would have a very short time to get to Smithfield, and that they would meet with no market; he asked if there was any other place - I told him to turn off the North-road, three miles towards Biggleswade, and perhaps he might sell some of them among the Hitchin butchers, and to tell the person, who was going with them, to call on Simkin, of Hatfield, as he was likely to buy them; the prisoner was not present - Sowerby said nothing about the advice I gave him; I do not think I ever saw the prisoner at market without Mr. Sowerby, and know nothing of his having authority to sell.
JOHN BOY . I am a drover, and know the prisoner. I have driven for Mr. Sowerby, and had a job from the prisoner myself, and have known the prisoner entrusted to sell beasts and sheep for him at different places, when Mr. Sowerby has not been there.
Q. Who received the money? A. The last sheep he sold, was in Linconshire; he employed me to take some beasts from Lincolushire to Newell - the prisoner received the money for them next morning; Mr. Sowerby had gone home the day before; the butcher at Lincoln paid the prisoner before my eyes - I do not remember how much it was, and at Stamford fair I saw him sell a lot of beasts, and receive the money, which he put into his pocket; Sowerby was in the fair, but the prisoner put the money in his pocket - I was at Boston when he sold nineteen or twenty of Sowerby's sheep, and took the money; Sowerby was at Boston, but was not present, and at different fairs he was always entrusted to buy and sell any thing - I have known him go out with sheep or beasts to sell where he could.
MR. CLARKSON. Q. You know nothing about these hundred and nineteen sheep? A. No; Sowerby was at Boston and Stamford - he sold seven or eight sheep at Lincoln, about Christmas, to a butcher; I do not know where he brought them from, nor who gave them to him - he told me they were Sowerby's, and I know it, because I was with him, driving them - he was Sowerby's man and I was drover for him at the same time - I was never authorized to sell; I have come from Yorkshire to give evidence - I was first sent for the latter end of May; I have known of his being in custody six or eight weeks; he has no brother at St. Ives - his brother is a drover; I saw him in April; in Lincolnshire - I was not in Huntingdonshire in April; I saw the prisoner take money for sheep - I do not know that they were Sowerby's; I have often heard Sowerby give him authority to sell sheep at different markets, when he has been with him - I never knew him have authority to sell when Sowerby, or somebody else, has not been with him.
MR. BODKIN. Q. His brother travels the country? A. Yes; he was in Mr. Element's employ, in Lincolnshire, in April last.
Q. Did you and the prisoner leave Mr. Sowerby together to go to Lincolnshire? A. No. he went with them alone; I know the sheep he took the money for were Sowerby's - Sowerby never told me to act under the prisoner's orders.
COURT. Q. Were the seven or eight sheep he sold lame? A. Yes; I always saw him selling all sorts of sheep.
HUGH McNAMEE . I am the prisoner's brother. I lived with Mr. Sowerby myself three years; I first went to him on the 24th of April, 1829, and have been with him occasionally since - I was last in his employ in February; my brother was sent to different places to sell sheep and beasts; I can relate many instances in which he sold, when Mr. Sowerby has not been present - the last was at Peterborough fair, which is held on the 10th or 11th of July, but last year Sunday intervened, and on Monday we had sixty-seven beasts left.
Q. Who do you mean? A. My brother and me; they were Mr. Sowerby's; Sowerby came up to the Blackmoor's Head, where we stopped - he took us a little aside, and desired us to take the sixty-seven beasts to Norfolk; we came to Wisbeach market on the Saturday, and the prisoner took twenty beasts, and left me grazing, with the forty-seven in the lanes; they were not sold - we went to Norwich, and sold some there; I do not recollect how many - Sowerby was there himself; we left Norwich on Saturday, and he allowed the prisoner to take twenty-four which were left, to sell at Lynn, as he was himself going to the Northern fair; he came to Lynn with them - I went to fetch more, and understand he sold fifteen; Sowerby did not say where he was going - he had gone home; I know nothing more.
JURY. Q. Do you know of Mr. Sowerby appointing any body to receive the money? A. Nobody; his sheep
MR. BODKIN. Q. I ask do you know any instance of his selling sheep and receiving the money when Sowerby was not there? A. Yes, at Market-Weighton; the prisoner took the money home for three bullocks he sold there - I did not see them sold, nor the money paid; he had ninety cheviot ewes, and two hundred and eighty lambs last harvest, at Weighton-market; they were not sold, but left to grass - the prisoner and I met Sowerby next day, and he ordered us to bring them to Maldon fair, to ask 23s. each for the ewes, and if we could get a sovereign to take it, and to offer the lambs at 9s. 6d. each; my brother left us to go there - nobody went with him: he said if he could not get 9s. 6d. for the lambs that he knew how they were brought, and if he could get 1s. on each, to do it, for if in a fortnight he could sell a thousand, a shilling profit would be 50l., the prisoner was to receive the money; last harvest I heard him send him to Boston, and tell him to sell as many beasts as he could, and what he could not sell to take to Spalding; nothing was said about who who was to receive the money; I understand my brother went - I have been present when he has received money for Mr. Sowerby's cattle, when neither Sowerby nor any body from him was present; this was at Market-Weighton and Newark; I cannot mention any other particular place, I have seen it at so many.
MR. CLARKSON. Q. Were you in Mr. Sowerby's service as a drover? A. Yes - I used to go one way and the prisoner another, and sometimes we went together; I never had authority to sell, unless the sheep got lame, and even then I had no authority, but if I could not get on with them I sold them; Mr. Welburn was occasionally in the habit of acting for Mr. Sowerby - Taylor was only a drover; he never allowed him to sell; I have heard him say Taylor was not qualified to sell - the prisoner has no other brother; I think I was at Mr. Element's last April - he lives about fourteen miles from Sowerby's, in Nottinghamshire; I was not in Huntingdonshire on the 14th of April, nor at St. Ives - I did not see Welburn at Market-Weighton, when the beasts were sold, and do not know whether my brother delivered the money for the lambs to him, he might; I was not at Spalding, and cannot say whether he paid Taylor for what was sold there - I do not know the price of Scotch sheep in April; I saw them in the fold in February; a good many of them died, and Mr. Sowerby said, "There are so many dying, take them away, and sell them where the devil you can."
MR. SOWERBY. The last witness has been several times in my employ as a drover; I remember some sheep being sent to Weighton-market - Welburn was there, and received the money for them, and so he did for the ninety ewes and two hundred and eighty lambs; Taylor was always with the prisoner, if he went to sell any thing at Spalding and at other places; when I was not there Welburn or Taylor were for me.
MR. BODKIN. Q. They told you so, but you was not there yourself? A. No; Welburn is now in Yorkshire: I saw these sheep in the field - there was not one dead to the best of my knowledge; I had them up from another farm, where six or seven died - I did not tell the prisoner to take and sell them where the devil he could; I told him nothing of the kind - I may owe the prisoner a little - he has paid expences when he has been out, and may have spent more than I gave him; I think I have seen that book before - there was never any receipts passed between us for expences paid; he has paid me for lame sheep which he sold, but I gave him no acknowledgment for it - Taylor was always with him at sales.
MR. CLARKSON. Q. Did you on any occasion authorize him to sell sheep or beasts, except when yourself or somebody has been present to take the money? A. No, except when I left the beasts at Newark, and then I expected Taylor would be there.
COURT. Q. Did he ever apply to you for money and you refused to give it him? A. Never; he paid me for the lame sheep at Grantham - he did not then say I was in his debt, or ask for money; I gave him money when he left Grantham - there was an Irishman with him, and I said, "Mind that fellow don't rob you."
Prisoner. I had two more witnesses, but have not seen them since they were seen talking to the prosecutor at the corn fair - Taylor never received a shilling of the money: I have worked for the prosecutor two years, and though he knew I was starving, he would not give me money to subpoena witnesses and get counsel.
HUGH McNAMEE . He was at Mr. Sowerby's at work the winter before last, and he desired me to add up his book, which I did and furnished Mr. Sowerby with the bill - he said he would settle it some time, but did not, and last winter I gave him the account again; he refused to settle with any body, and we said we never would dirt our hands with his work till he did - then his mother died, and that put an end to it; he said he would settle with me first, and he paid me here last Thursday.
Prisoner. I sent to him time after time; he never would pay my wages; I wanted 29l., but not a farthing would he let me have to get victuals - he said he would pay me one day and then another; he never sent Taylor nor Welburn to take a farthing of money - I would not swear as he has done for the world.
The Jury found the prisoner GUILTY, but that he did not intend to steal the sheep at the time he received them from his master. - Judgment Respited .
JOHN BUNCE . I am an ostler at the half-way house, at Knightsbridge . I had a horse there on the 13th of June, belonging to Joseph Drake - I saw it in the stable at ten o'clock at night, I locked the stable door and took away the key; I went to the stables again about four next morning, and it was gone - the stable had been unlocked and locked again; it must have been opened by a false key.
CHARLES ROBINSON . I am a constable of Eaton. On the 14th of June, about half-past nine o'clock in the morning, I saw the prisoner in Eaton market, offering a bay gelding for sale, with a person named White and another; they communicated with him by signs - he did not appear to make a bargain with them; I apprehended him - when I
The prisoner, being deaf and dumb, had the evidence communicated to him by signs, by a person from the Deaf and Dumb Asylum; who also communicated the following as his answer to the charge: - That it was another man who took it, and not him; it was a short man, with whiskers - he denied offering it for sale, or having led the horse at all - he (the prisoner) was the eldest of a family of three children, and that he denied the truth of the evidence, and did not know the constable.
The prisoner, by signs, denied having breakfasted at the house.
GUILTY. Aged 29.
Strongly Recommended to Mercy . - Judgment Respited .
OLD COURT. THURSDAY, JULY 5.
First Middlesex Jury, before Mr. Justice Gaselee.
SECOND COUNT, for feloniously uttering the same, with the same intent.
TEN OTHER COUNTS, stating it to be to defraud other persons. - To which he pleaded.
GUILTY . Aged 46. - Transported for Life .
Before Mr. Justice Gaselee.
DAVID WILLIAM GREGORIE , Esq. On Friday afternoon, the 27th of April, between four and five o'clock, I got off my horse at the corner of Little Maddox-street , and gave my horse to a stranger to hold - I went about ten doors from the spot, and when I returned the man and horse were gone; I had taken very little notice of the man, and can only speak to his manners, address, and appearance, which appeared to be that of a stable servant, rather shabbily dressed - I have seen the horse since at Marlborough-street; whether the prisoner is the man I cannot say; my first impression certainly was that he was not the man - I recollect he had a holl and jacket on, such as a man works in stables with; he had not a coat on.
ESTHER SAUNDERS . My father is a livery-stable keeper, and lives in Frederick-place, Hampstead-road. On the 27th of April, about five o'clock in the afternoon, I was in his stable-yard, and saw the prisoner in the stall, with the mare - I saw him pat the mare, and order her a feed of corn - he said he should call for it in an hour's time - he told the ostler to rub her down, and take care of her; he went away with the bridle and saddle on his shoulder; he did not come back: the horse stood at my father's for a month, and was taken, on a Thursday, to Mr. Deacon's yard, opposite Buckingham-house, by my father: I went with him - he gave it to the head ostler there; I had never seen the prisoner before - I saw him again at Marlborough-street office, on the Tuesday after the horse was left at Deacon's: I had taken particular notice of him at our yard, seeing the bridle and saddle on his shoulder - I saw the same horse at Marlborough-street: the prisoner, at the office, had a coat on, and a jacket underneath; he had no coat on at our stables: I know it was on the 27th of April, because I booked the time the horse came in.
WILLIAM DAVIS . I am a labourer, and live in Bain-bridge-street. I was standing at the crossing at the end of Maddox-street, on a Friday or a Saturday - I think it was in April: I did not particularly notice the time of day; it might be four o'clock, or after; I saw the prisoner lead a dark bay horse or mare out of Maddox-street, across Bond-street, and back again; he came back a second time across Bond-street, into Grosvenor-street, nearly opposite Grosvenor and Brook's mews; I turned my head, and lost sight of the horse directly; and in eight or ten minutes a gentleman was asking about his horse - I went to Grosvenor and Brook's mews, but could not find the horse, and did not see the prisoner again, till be was in the custody of Brown, in Albany-row - I told the constable what kind of man he was, and what he wore, before I saw him - I had seen him in Bond-street seven or eight weeks before, and am certain of his person; I took particular notice of his face, and a round jacket he had on - I saw a mare at Marlborough-street, but cannot swear it was the one he was leading; it appeared to be the same - I could not tell whether it was a horse or mare in Bond-street.
HENRY BROWN . I am a Policeman. I apprehended the prisoner on the morning of the 7th of May, at the King's Head, Orchard-street, Westminster - he was drinking with some girls, and nearly tipsy; he came to me as I stood at the bar, and said, "Policeman, will you take a drink of beer?" I said I had no objection, and drank with him - he said, "I have a jacket here, I will sell you for 2s., if you like to buy it;" I declined - I looked at him, and having a bill in my pocket respecting Mr. Gregorie's mare, I saw he answered the description of the man, and asked if he had been in the country lately - he said he had - I asked if he had been to turn his master's hunters out; he said, "Yes: but Mr. Policeman I am going to answer no more question; I suppose you think you have a case against me?" I then requested him to go down to the station-house with me; he said he would, but afterwards swore he would not - I then took him to Queen-square office; the Magistrate desired me to take him to Bond-street, for Davis to see him; I left him in custody of another person at a public-house in Avery-row, and went to Davis - he went with me to the public-house, and pointed him out directly.
MR. GREGORIE. I saw Davis the day I lost my horse; he sweeps a crossing on that spot - I observed him there immediately after I missed the mare, and asked if he had seen it - I did not find it till the Wednesday or Thursday, three weeks after; the prisoner was in custody in May, before it was found, and before I knew any thing of the witness Saunders; he was then discharged, there being no evidence to authorize us to detain him - I have not found the bridle or saddle.
MR. GREGORIE. He was discharged, and gave his right address.
CHARLES ROY . I am a dyer and glazer. I was in Maddox-street, about half-past four o'clock, on a Friday in April, about a fortnight or twelve days before I was examined at the office, and saw the prisoner leading a horse; I stood there about seven minutes, and afterwards missed the horse; Mr. Gregorie came up, and inquired if I had seen such a man holding such a horse - I did not know the prisoner before; I afterwards saw him in custody in a yard among twelve or fourteen more, and pointed him out by Brown's desire.
Prisoner's Defence. I can prove I was at my stables at the time they have sworn to me.
GEORGE GOODRICK . I live with Dr. Addison, in New-street, Spring-gardens; the prisoner was my helper at Dr. Addison's stables, in Rams'-mews, King-street, Westminster. On the 27th of April the prisoner was at the stables, at twelve and four o'clock, and at six and nine o'clock - he has been there every day, from about Christmas, till he was apprehended; I had discharged him the morning he was taken - he sometimes slept in the coach-house, and sometimes away, if he had a lodging - my wife lives at the stables; I have only one room and a loft - I was out with the carriage on the 27th, from twelve till four o'clock - I found him there when I came home; I went out again about six, and left him there; in the first instance I went to Prescot-street, Goodman's-fields, which was out of our usual ride; it was on a Friday - he was taken up on the Monday week following; I went before Mr. Gregorie, and was asked several questions, but could not call to my recollection the several facts as to the time, being taken unawares - they asked me about four o'clock, and I could not recollect it, but I have since called to memory certain circumstances, which have corresponded; I took him into my employ after he was discharged, as he was destitute and without friends - he was with me till he was taken again; I have known him about three years, and have heard he was rather dissipated, and that I experienced myself.
- GOODRICK. I am the wife of the last witness; the prisoner used to clean the horses and help in the stable - he slept in the coach-house till the last fortnight of his being with us; he then took a lodging in Windmill-street, but not having money to pay for his lodging, my husband allowed him to sleep in the coach-house; on Friday, the 27th, he was with us all day, till after dinner time - we dine between one and two o'clock - he never left; I sent him on an errand between three and four, and I gave him his tea in the loft, a little before four; he remained in the yard till a few minutes to half-past six, when he had to get the horses ready for my husband, and after that he was playing with my child in the yard - he was not absent all day.
Q. What enables you to remember that it was the 27th of April? A. I was called up to Marlborough-street a fortnight after; I heard from the officers on what day the robbery was committed, and we recollected among us, (my neighbours and myself), that was the day, I had sent him for some raddishes; a person in the yard reminded me of it- he wore in the yard a dark fustian working jacket; he only wore a coat when out - I only sent him across the road for the raddishes.
NOT GUILTY .
1430. WILLIAM SHANNON was indicted for stealing, on the 21st of May , 1 cloak, value 30s., the goods of Joseph Houlton ; 1 cloak, value 3l. 10s., and 1 coat, value 15s., the goods of Thomas Young , in the dwelling-house of the said Joseph Houlton .
THOMAS YOUNG . I am a pupil to Mr. Joseph Houlton , a surgeon , in Grove-place . On the 21st of May, in the evening, I was in the surgery; I heard a door open against the floor-cloth which was newely laid down; I went into the passage, and found the outer door open - I went, out and saw the prisoner with two cloaks, and a coat on his shoulder; he saw me following him, and dropped them - I took hold of him; the Policeman took the coat and cloaks up - one cloak and the great coat, was mine, and the other cloak, Mr. Houlton's; they had hung in the passage - I saw them there five minutes before; my cloak and coat cost me six guineas and a half together - they were worth more than five pounds; the cloak was new about two months ago - I had had the coat a year or two; Mr. Houlton's cloak was an old one, but very good - I should think it worth 2l. or 30s.; I gave the prisoner in charge.
THOMAS STEWART . I am a Policeman. On the 21st of May I was in Lisson-grove, and saw the prisoner in company with two more persons, within six doors of Mr. Houlton's house; I afterwards heard an alarm, went up, and found the prisoner in Young's custody - the cloaks and coat lay at his feet.(Property produced and sworn to.)
GUILTY of stealing to the value of 99s. only . Aged 21.
Transported for Seven Years .
JAMES PACK. I live in Herefordshire. On Thursday, the 10th of May, between eleven and twelve o'clock in the morning, I put my calf into Mr. Dixon's field, at Holloway , and fastened the gate; I missed it on Friday morning, and found it that day at the Half Moon, at Holloway.
Cross-examined by MR. BARRY. Q. How far is the field from the Half Moon? A. A quarter of a mile I should think.
JOHN MEREDITH . I am ostler at the Half Moon, Holloway. On the 10th of May the prisoner brought this calf to me, and said it was for Wicks, the cow-dealer, who would be there in the morning; the prisoner came again next day, and told me to turn the calf loose, and let it go where it liked; Wicks called next morning, and the prisoner with him - Wicks said he should come for the calf in the afternoon; they both left together - two men came and looked at it about half-past two o'clock, and about half-past four, Pack came.
Cross-examined by MR. BARRY. Q. Do you know
LUCAS WICKS . I live at Plumstead, in Herefordshire, and am a calf-dealer. On Thursday afternoon, the 10th of May, about seven o'clock, I saw the prisoner at the top of the Archway-hill; I was coming to Smithfield, to buy a lot of calves - I knew him; he asked if I was coming for a lot of calves - I said Yes; he said he was going across to Highgate to buy one, and asked if I would like to buy it - I said Yes, if he brought it to the Coach and Horses that night, or to market next morning, I would look at it; he said he did not know that he could get it as far as the Coach and Horses, and would bring it to the Half Moon, Holloway - I left word with the ostler, that I would come there at six or seven o'clock, and look at it if he brought it; he told me he was going to buy it - I went the next morning, between six and seven; the ostler showed it to me - Hughes came in about half an hour; I agreed to give him 25s. for it -I had a sovereign in my pocket, which I gave him, and said if he would come to market, I would give him the 5s., or I would give it him next week; I saw the calf at Hatton-garden afterwards - I saw Pack at Smithfield, about four o'clock on Friday morning, and said something to him.
Q. Had you at that time heard the calf was supposed to be stolen? A. Yes; I have dealt in calves about a year and a half before that - I was servant to Mr. Welch, of Hockley, and bought a lot of calves at Smithfield, after I saw the prisoner; I do not always pay ready money - I had nine sovereigns, but no silver - I told the ostler I expected the prisoner was going to bring me a calf or two to look at.
Q. Did you send the prisoner to Meredith afterwards, to tell him to turn the calf into the field? A. No; I sent a man to tell him to lock it up, and let nobody have it till I came; I saw Dixon in Smithfield, but I never told him the prisoner was not the man who sold me the calf; I have bought calves of the prisoner's father and brother before, but never of him.
DANIEL DRISCOLL . I am a Policeman. On the 19th of May I apprehended the prisoner at Holloway-gate, at the Coach and Horses. He said "Don't take me to-night, you can take me in the morning;" I asked if he knew what he was taken for - he said Yes, he knew I was on the look out for him.
Cross-examined. Q. It was known in the neighbourhood that the calf was stolen? A. Yes.
The prisoner put in a written Defence, stating that Wicks had employed him to take the calf to the Half Moon, saying that the ostler expected two were coming - that he saw Wicks next morning at Smithfield, when he desired him to go and put the calf into Dixon's field.
NOT GUILTY .
Before Mr. Justice Gazelee.
NOT GUILTY .
The evidence in this case will be found in the Fourth Day's proceedings, when the prisoner was tried for feloniously receiving the said sheep.
NOT GUILTY .
First London Jury, before Mr. Recorder.
GUILTY . Aged 20. - Confined Three Months .
GARRETT REDMOND COTTER . I am a printer , and live in Prince's-square, St. George's in the East. On the 25th of June, about half-past nine o'clock in the morning, as I was in Fenchurch-street , a gentleman informed me my pocket was picked - I turned round, and saw the prisoner cross the street; I saw him drop my handkerchief - I took it up - I am quite sure he is the man; I never lost sight of him - I assisted in taking him; he had not got six yards.
JAMES PETER HILLARY . I live in Mark-lane, and am a wine-merchant. I saw the prisoner put his hand into Mr. Cotter's pocket, and take the handkerchief out - there was a boy with him, twelve or thirteen years old; I immediately informed Mr. Cotter, and called Stop him!
GUILTY . Aged 20. - Transported for Life .
LEWIS CELESTE LECESNE . I am a merchant , and live in Fenchurch-buildings, Fenchurch-street. On the 26th of June, about a quarter or half-past ten o'clock in the morning, I had just left my counting-house, and missed my handkerchief in Fenchurch-street - upon being informed it was gone, I turned suddenly round - I saw the prisoner running; he run up Fen-court - I followed, and it being no thoroughfare, he returned; I took hold of him, and searched him, but did not find it on him - it was pointed out by a young man; it was produced from an area; I knew it - I did not lose sight of the prisoner - I had left the house with the handkerchief in my pocket about ten minutes before.
Cross-examined by MR. PHILLIPS. Q. Did you observe many persons about the street? A. There were many about their business; the handkerchief was found in an area - I was quite satisfied it was mine, but if mixed with others of the same pattern I should not be able to identify it.
Cross-examined. Q. Can you swear it was the same handkerchief? A. No; I saw nobody in the court till after the robbery - I am confident I am not mistaken in the prisoner's person; fifty or sixty people came up before he was taken away.
EDWARD HAMILTON . I live with my father, at No. 126, Fenchurch-street - he is a cabinet-maker. I saw the prisoner cross the street, and run up Fen-court; I pursued, and saw him drop the handkerchief down the grating; I saw a woman in the house put her hand through the window, and take it up - it was shown to the prosecutor, who claimed it; the prisoner at first said it was not him, but afterwards begged Mr. Lecesne to forgive him.
Prisoner's Defence. I went up the court for a necessary purpose; two young men went up before me - the young man at first said he saw the handkerchief thrown into a door, and when they could not find it somebody brought it from the area; he then said he saw me throw it down there.
GUILTY . Aged 15. - Transported for Life .
ROBERT BIGGAR . I am a wholesale chemist , and have two partners - we live in Aldersgate-street - the prisoner was in our employ. On the 16th of June, at dinner time, I watched him, and instead of coming immediately from the factory into the street, he went into a building, where he had no business, and shut the door after him; he came out in two or three minutes, and my son stopped and brought him into the counting-house; I took off his hat, and in the crown of it was 4 1/2lbs. of tartaric acid, tied in a handkerchief - I sent for a constable, who found 2 1/2lbs. in his breeches pocket - he has been nearly twelve months in our service - he begged for mercy, and said he had only taken it once or twice before.
JOHN WILLIAM HARRISON. I am an officer. I took the prisoner into custody, and found this tartaric acid in his breeches pocket.(Property produced and sworn to.)
The prisoner handed in a petition, for a lenient sentence.
GUILTY . Aged 27. - Confined Three Months .
JOSEPH COPELAND BELL . I live in Austin-friars. On Monday afternoon last, about two o'clock, I was in Fleet-street, near Farringdon-street, and felt a motion at my right-hand pocket - I turned round immediately, and laid hold of Burrows right at my heels; Shields was then moving away, and I secured him - they were the only two persons near me; I pushed them into the doorway of a linen-draper's shop at the corner of the street; and on collaring Shields his jacket flew open, and under his left arm I saw my handkerchief; I took it from him - I had used it in a shop in Fleet-street.
JOHN KNIGHT . I am porter to a bookbinder. I saw Burrows take hold of the prosecutor's pocket, take a handkerchief out, and give it instantly to Shields; the prosecutor secured them, and found it under Shields' jacket.
SHIELDS - GUILTY . Aged 13.
BURROWS - GUILTY . Aged 13.
Transported for Seven Years .
1439. MARY ELIZA OSBORN FENNING was indicted for stealing, on the 7th of June , 5 shirts, value 20s.; 1 waistcoat, value 12s.; 1 tablecloth, value 3s.; 1 towel, value 18d., and 1 flat-iron, value 1s., the goods of Henry Kitchingman , her master .
HENRY KITCHINGMAN . I live in Skinner-street, Bishopsgate - I am single, and the prisoner was my housekeeper for three or four months; I kept no other servant - last Saturday fortnight I missed a few of these articles, and had her taken up; she gave me seven duplicates when I charged her with this.
GEORGE JOHN WEST . I am a Policeman. On the 16th of June the prisoner was given into my charge for stealing these articles; the prosecutor gave me seven duplicates, and I found one on her for a flat-iron.
JAMES THOMPSON . I am a pawnbroker, of Crown-street, Finsbury. I have a shirt, pawned on the 10th of May, in the name of Osborne - I do not recollect the person, but this is the duplicate I gave for it.
JOHN SAVAGE . I am shopman to Mr. Russell, pawnbroker. I have two shirts, pawned for 3s., and one for 1s., in the name of Oshborne; I believe the prisoner to be the person.(Property produced and sworn to.)
GUILTY . Aged 42. - Confined Six Months .
JOSEPH RIPPINGELL . I sell fish about . On the 15th of June, about four or five o'clock in the afternoon, I was on board a vessel at Billingsgate-dock ; the prisoners were in the vessel - this money was in my breeches pocket; I felt a hand going out of that pocket, and laid hold of Bryant by the collar; I then felt, and missed my money - Harris was close behind him; they said they
STEPHEN DAVY . I am a porter. I saw Harris on the steps, and asked if he should want a porter; he said he thought he should - he went into this vessel, stopped there eight or ten minutes, and then put his hand forwards, down towards the prosecutor - it went close to his jacket, but whether it went into his pocket I do not know; the prosecutor turned round and took Bryant - I said, "I think this is the man, for I saw him at your pocket;" I do not think Harris was near enough for Bryant to hand the money over to him - when it was found on Harris, he said it was his own, and that he had changed a sovereign the night before; Bryant said he had come there to buy mackarel - I have seen them in the market with fish before.
SIMON SMITH . I am a Policeman. I was at Billingsgate, and was called into Mr. Gouldham's office, and found the prisoners, there charged with robbing the prosecutor of 13s. - Dagley gave the account he has now; I found on Bryant five shillings and six sixpences: and on Harris two good half-crowns, eight shillings, eight sixpences, and a bad half-crown - the prosecutor said he had two half-crowns, several shillings and sixpences, and that I should find a stain of blood on some of it; I found on one shilling, what I thought a stain of the blood of fish.
Bryant' Defence. I went to buy mackarel; I just asked the price, and the man charged me with taking his money - I said he might search me; the money found on me was my own.
Harris's Defence. I had changed a sovereign that morning, I went on board the boat, where there were two or three hundred people, to buy mackarel; that man was taken about ten yards from me - the witness said, "Take this man too;" for he was by him - there might be the mark of fish blood on my money.
NOT GUILTY .
JUDAH JACOBS . I am a tailor , and live in Barbican . The prisoner was brought into my house, charged with stealing a coat; he had an apron on, and I found in it this coat which had hung inside the shop: he said nothing.
THOMAS EDBURY . I live in Sun-court, Golden-lane. I saw another boy give the prisoner the coat; he put it under his apron; I did not see where it was taken from, they were at the next door to Jacobs - the other was nearest to the shop, but they were close together; I took him into the shop, and saw the coat found on him.
GUILTY . Aged 14. - Transported for Seven Years .
NOT GUILTY .
JOHN ELCOCKS . I am a bricklayer , and lodge in Charlotte-court, Redcross-street . On the 16th of June, when I went to bed, I had a crown, four half-crowns, and one shilling in my trousers pocket - the prisoner slept in the top room, in the same bed with me; nobody else slept in the room - I went to bed between ten and eleven o'clock; he was then in bed, and appeared fast asleep - I got up between six and seven; he was in bed then, and before I left the room I missed my money - I informed him; he said he knew nothing of it, that he was very short of money, and intended to ask me to lend him 1s.; I do not know whether the door was locked - an officer was sent for, but before he came the prisoner, who had been down stairs five minutes before, expressed a wish to go down stairs again - I said I had sent for a Policeman, and if he wished to show himself innocent he would remain; he said then he must ease himself in the pot - I went out of the room, looked through a space between the post and the door, and saw him take the money out of his pocket, wrap it in a piece of newspaper, and place it behind the bed - I then entered the room, and found the money between the bedstead and the wall - he denied putting it there.
Prisoner. Q. Did not you come in very drunk, rolling about the bed at night? A. You were fast asleep, or pretended to be so, when I came in.
The prisoner put in a written defence, stating that the prosecutor bore a very bad character, and that his brother could prove he had been guilty of perjury.
THOMAS ELCOCKS . I am the prosecutor's brother - I would not believe him on his oath, for several reasons; I never heard him sworn in a Court of Justice, but about three years ago he borrowed a pair of trousers of me, he pawned them, and brought me the duplicate - I went into the country for a fortnight, during which time he made an affidavit of having lost the duplicate, and got the trousers; I was told he made the affidavit, he could not get them without - he has said a great many things to my discredit, after I have supplied him with money and food repeatedly for ten or twelve years; he has said, in my presence, that I lived upon him - I never received any thing from him; I went to state this at the office, but they would not admit me - I did not say I wanted to give evidence; when my brother gets work he will not keep it, and comes to me for charity - I was subpoenaed here by a person named Dyer;
JOHN ELCOCKS . I had been out of town, and brought three sovereigns up with me; I came to my brother to intercede for work for me, and, by his artful schemes, he got a sovereign from me, and then ten shillings more.
JURY. Q. Did you pawn your brother's trousers? A. I had a pair to pawn, which I either changed another pair with my brother for, or they were my own, I do not know which; but on searching my box I could not find the duplicate, and do not know what had become of it; I made an affidavit that I had lost it, and got the trousers; my brother however claimed them - he was on good terms with me till this robbery was found out; since that he has struck me, and I am in danger of my life; I have a note in my pocket from him, saying, "If that hell-hound, named Elcocks, comes into any place where I am, he is in danger of his life."
NOT GUILTY .
NEW COURT, THURSDAY, JULY 5.
Fourth Middlesex Jury, before Mr. Sergeant Arabin.
ELIZABETH WOODCOCK . I am the wife of Thomas Woodcock , a dressing-case maker ; we live in South Audley-street . On the 6th of June, at twenty minutes past eleven o'clock, we took a hackney-coach in Piccadilly, to go to our house; the prisoner was the driver - when we got home my husband got out first, and as soon as I got into the passage, I missed my purse; the coach was still at the door, as there was a good deal of luggage in it - the purse contained the property stated; I had had it in my hand in the coach; I laid it on the cushion by my side, to pay the coachman, and I got out and forgot it - I know I left it in the coach, but I cannot swear that I had not dragged it off the cushion in getting out; I told my husband, and he spoke to the coachman about it - I did not hear what passed.
THOMAS WOODCOCK . I took the coach with my wife; she sat on the back seat, with her face towards the horses - I saw the purse on that seat shortly before the coach stopped; I got out first to get the door open, and as soon as my wife got into the passage, she said, "I have left my purse" - I turned to the coach, and the prisoner was then leaning into the coach, and was in the act of getting the luggage out; I told him she had left the purse on the seat - he drew back for me to look in; I looked in, and on the seat, but I saw nothing of it - I told him he must have it, and if he did not give it up I would give him in charge; he denied having seen it, and I gave him in charge.
Cross-examined by MR. BARRY. Q. Was there any straw at the bottom of the coach? A. I cannot say; there was a mat - the front seat was full of luggage; the purse might have been drawn down - the prisoner had not been paid; he offered to be searched, and unbuttoned his waistcoat, but I told him I had no power to search him - he made no opposition to my searching the coach, but he did not look into the coach after I went to him; the coach was taken to the station-house, and there the purse was found - I think we had four or five parcels.
COURT. Q. Did he search the coach himself? A. No, he did not; he did not get into the coach - he said,"Search me;" I looked into the coach, but did not make a minute search.
CHARLES BAKER . I am a superintendent of Police. The coach and the prisoner were brought to our station; I turned all out, and found this purse concealed under the hind seat, behind some nose-bags - it was completely behind every thing; it evidently appeared to me, that it must have been put there.
Cross-examined. Q. That is your opinion? A. Yes, there is a board goes along the coach under the seat, but there is an open space between the seat and that; I do not think the purse could have been thrown there by taking out the luggage, or by pulling the mat up.
Cross-examined. Q. Might it not have fallen under the seat? A. It might have fallen, but I do not know where it was found.
Prisoner's Defence. When they asked me about the purse, I said I had not seen it, which I had not; the luggage was taken out - I took off the cushion, and asked the prosecutor to look in, but he said he would not till he had me taken to the station - I then pushed in the nose-bags again, and put in the cushions, but I had not seen the purse.
JURY to CHARLES BAKER . Q. Was it found under the seat they had been sitting on? A. Yes, and under the nose-bags; it could not have got there accidentally - there was no luggage on the bottom of the coach; it was on the opposite seat.
COURT. Q. Did you look on the seat first? A. Yes, then turned up the cushions, and then felt in the pockets: I then found it under the seat, and under the nose-bags - some of them had corn in them, and some were empty; it appeared to me that the purse had been thrown there - it could not have jolted there, as it is up hill.
GUILTY. Aged 40.
Recommended to Mercy . - Confined Six Months .
3rd COUNT, stating them to be the goods of some person or persons unknown.
MESSRS. HEATON and GURNEY conducted the prosecution.
HENRY ELLIOTT . I am secretary to the Board of General Officers . The prisoner was messenger to that Board - I think he came on the 29th of September, and early in October I went over the collection of patterns, which are deposited in my care, to put them into hisHenry Parnell .
GEORGE FARMER . I am shopman to Mr. Harrison, a pawnbroker, in Wardour-street. On the 19th of June the prisoner brought this silver epaulette to our shop; I saw it taken in of him, in the name of James Brown , for William Brown , No. 74, Old Compton-street - on the 23rd of June, he came again, and offered this gold epaulette to pawn; he said it belonged to William Brown , No.74, Compton-street - I went out to go there with him, but he would not go there, he turned in another direction; I then took him back to Mr. Harrison's shop, and on the way back, I asked him to whom they really did belong - he then said they belonged to his master, who was gone to Portugal, and had given him power to make use of them, if he should be short of money.
Prisoner. I told him I should receive my money in a short time, and I would release it; I had not seen my prosecutor for some days. Witness. He did not say that till he was in custody.
MR. FITZPATRICK. I am clerk to the Magistrates at Marlborough-street. I heard the prisoner admit, at the office, that he took them, and it was written down; he said he intended to redeem them.
Prisoner's Defence. I intended to take them out, and I wrote to my prosecutor to come and take me out of custody, which he did; I had not seen him for three weeks - I intended to release them in a day or two.
GUILTY . Aged 27. - Transported for Seven Years .
MR. BARRY conducted the prosecution.
JAMES DEAN . I am a tailor. On the 17th of May I was in my gig, with my servant, going from the Bank, and met the prisoner in Holborn, with this saddle on his shoulder - he had been a servant of mine - I got out of the gig, and took him on another charge; I said "I think this saddle is not come honestly by" - he said Yes, it had been given to him by a servant in Oxford-street, to take to Bayswater - I said that was not the way there; he then said he had a brother in the City, and he was going to call on him to walk with him - I forced him into my gig, and took him to Marlborough-street.
JOHN CORNWALL . I am servant to Mr. Jabez Gibson , he lives at Saffron Walden; I was at the Mews, in Davis-street , where the carriage was for three nights - I saw the prisoner there; he assisted me to wash it - this is my master's-saddle, and was in the stable, to which the prisoner had access - he was not my master's servant.
Prisoner. He gave me orders to take the saddle to him to Bayswater. Witness. No, I did not.
GUILTY . Aged 19.
WILLIAM EWER . I live with Mr. George Wombwell , in George-street, Hanover-square . This coat was in his house on the 7th of May - the prisoner came about eight o'clock that evening, and said Mr. Dean had sent him for the coat, as there was a dispute about it; I knew the prisoner had been in Mr. Dean's service - I gave him the coat, and he took it away.
JAMES DEAN . I work for Mr. Wombwell. I took the prisoner in Holborn, on account of the coat; he did not live with me at the time he got it; he had left me a few days - I did not send him for it; it has not been found.
Prisoner. I did it through distress.
GUILTY . Aged 19. - Transported for Seven Years .
1448. EDWARD WATTS was indicted for stealing, on the 27th of June , 14 handkerchiefs, value 12s.; 13 yards of velvet, value 25s.; 1 veil, value 18s.; 4 yards of fringe, value 6s.; 4 pair of stockings, value 6s.; 19 yards of silk, value 1l. 10s.; 3 yards of satin, value 4s.; 32 yards of lace, value 18s.; 8 yards of net, value 3s.; 1 oz. of silk, value 1s.; 2 ozs. of pins, value 6d.; 1 gross of bodkins, value 6d.; 7 cakes of soap, value 1s.; 2 pots of cold cream, value 4d.; 1 pot of perfumery, value 6d.; 1 bottle of lavendar-water, value 3d.; 4 bottles of oil, value 6d.; 2 muslin frocks, value 4s.; 51 pieces of ribbon, value 8s.; 5 yards of lawn, value 7s., and 18 pairs of gloves, value 5s., the goods of Henry Church , his master .
HENRY CHURCH . I live at Tottenham , and am a draper . The prisoner was my shopman for about six months - the articles stated were found in his box in his bed-room; I had suspected him for a long time, and on the 26th of June two females came into the shop - the prisoner served them with some goods; he then left them. and I served them with a pair of stockings - they then said they would not leave the shop till I gave them something to drink -I gave them a glass of gin, and they said something to me, which caused my suspicion; I called in two officers, who searched the prisoner's box, and found these articles; the box was locked, but the hinges were off.
WILLIAM CHURCH . I am the prosecutor's brother. I went there on the afternoon in question - the officers came in while I was there; I saw the articles, some of which I knew, as I had supplied my brother with them.
JOHN FOWLER . I am an officer. I apprehended the prisoner about half-past five o'clock - I asked what he had in his box belonging to his master; he said "Nothing at all, nor never had - what I have there, I can easily account for."
HENRY CHURCH . I believe these are all my property; I can swear to some of them by the marks - I believe this silk to be mine, it has been cut from the wrong end - I have the fellow piece to this velvet.
COURT. Q. Had he any right to take property? A. No, not without its being entered in the book, and there is no entry of these articles.
Prisoner's Defence. Before I came to live with him, I used to travel for myself - these are mostly the remains of my own packages; these two frock-bodies had been sold to a customer on the Monday before, and they were to be returned if not approved of; they were returned, and as they had been entered and paid for, I put them into my box - I had an accident with some of these handkerchiefs, and Mr. Church said I was to pay for them.
MR. CHURCH. He took out articles, but he was not to keep them till they were disposed of; these are not articles which he was allowed to take out at any time - they are not entered in his book at all; they were in his trunk in his bed-room - I have only a lad who used to go out with the prisoner, my wife, and myself; he never sold any velvet for me - if he had come and brought an order for it, I should have sent it out, but it is not likely to sell at this time of the year; I received this note, which is the prisoner's writing - (read).
"I do promise, if Mr. Church will not file the bill, to return the goods he thinks his, EDWARD WATTS."
JURY. Q. Have you any invoice of these articles? A. No; he used to take goods out in pieces, but not cut off - the velvet and this silk have been cut off the pieces.
GUILTY . Aged 20. - Transported for Seven Years .
CHARLES GEORGES. I keep a coffee-house , in Duke-street, St. James' ; the prisoner Whitehouse was my kitchen boy . On the 26th of May I gave him a sovereign to fetch some bread; he was gone above three hours: on his return I asked him where the sovereign was - he said he had lost it, and began to cry; I do not know Wyatt.
WILLIAM CONNELL (Police-constable C 136). I went to the house, and saw the prisoner Whitehouse crying: his master told me to take him to the watch-house - in going along, he said he gave the sovereign to his cousin, who lived in Rochester-row; we met Wyatt - Whitehouse asked me to speak to him, and we all went to Wyatt's house; Whitehouse then got up a ladder, and went to a pigeon-loft, but could not find the sovereign.
THOMAS BURKE (Police-constable B 65). I went to Wyatt's house, and took him; he told me that Whitehouse brought the sovereign to him, and they both went into the loft and hid the sovereign, but when Whitehouse went to the loft, he could not find it.
Cross-examined by MR. BARRY. Q. Was Whitehouse there at that time? A. No, he was in prison.
JOHN SMITH. I went to Wyatt's with Burke; I heard what he has stated - I asked Wyatt if he locked the door when he came down; he said he did, but that he had returned and gone up there again, but he did not take the sovereign.
Whitehouse. I beg pardon; I took the sovereign and Wyatt is innocent.
WHITEHOUSE - GUILTY. Aged 15.
Recommended to Mercy . - Confined Three Months .
WYATT - NOT GUILTY .
HENRY GAITSKELL , ESQ . The prisoner was my footman , and had been so for seven years. On the 31st of May I had a party at my house, at St. John's-wood , and had occasion, at ten o'clock at night, to go to my cellar, to get a bottle of wine - on going down I heard a key drawing out of my cellar door, and on getting to the second step, I saw the prisoner at the cellar door, and I thought I saw something like steel in his hand - I charged him with being the thief whom I thanked God I had at length found out - I demanded of him the key; he said he had no key: I laid hold of his left arm, and said, "Give it up, you have one;" he then drew this key from his pocket, and gave it me - I faced to the right, and in his pantry saw a bottle of wine, which had been recently taken from my cellar; I gave him in charge - I had before discharged my cook, and had the lock of my cellar altered; this key opens the cellar - I never gave any one the key to go to the cellar.
GUILTY . Aged 27. - Transported for Fourteen Years .
JANE SWIFT . I live servant in York-terrace, Hackney . The prisoner came in May to live there, to look after the children - when she had been there a fortnight I missed a petticoat; she said she had not seen it - I asked her to hold the light for me to look into my box; it was not there - she then said she had taken it out of my box, which had always been unlocked, and torn it up to make pocket handkerchiefs of; I then missed two pairs of stockings; she said she knew nothing of them - I spoke to my mistress the next morning, and she told me to look into the prisoner's bed-room; I found my stockings in her box - I told my mistress of it; she sent for the prisoner, who then said they were my stockings, and she had cut them to make them less, to fit herself; she had cut both pairs, and one pair she had quite finished - I then looked over my box, and missed a gold thimble, which my mistress had made me a present of; the prisoner says she threw that away.
Cross-examined by MR. DONNE. Q. Where was her box? A. In the room she slept in; there was a little boy slept with her - her box was not locked, nor was mine; I did not make her any promise.
The prisoner received an excellent character.
GUILTY. Aged 16.
Recommended to Mercy . - Fined 1s. and Discharged.
ELIZA WILMINGTON and ANN CARTER were indicted for stealing, on the 21st of May , 1 pair of boots, value 5s. , the goods of a Richard Pinkney .
HUMPHREY EASTBY . I am a butcher, and live in Church-street, Brick-lane , opposite the prosecutor's. On the afternoon of the 21st of May I saw Wilmington come out of his shop; Carter was then in the shop - I had no suspicion at that time; but Mrs. Pinkney came to the door, and from what she said I went and took Wilmington; I brought her to the prosecutor's door - Mrs. Pinkney opened her shawl, and took out these boots.
Cross-examined by MR. PHILLIPS. Q. Did Wilmington go back readily? A. Yes; I took her almost immediately after she left the shop - she had got to the corner, and was looking round.
SARAH PINKNEY . I am the wife of Richard Pinkney . I was at home when the two prisoners came together - Carter asked for a pair of shoes; I showed her some - she then asked for a pair that laced up; I showed her some - she said they would not fit; Wilmington then said, "I will go out and call Nancy;" Carter said, "We don't want a dozen in the shop;" Wilmington then went out, and I missed these boots from the window - I said to Carter, "Where is the girl gone?" she said, "I don't know;" I went to the door, and saw Mr. Eastby, who said he would go after her - he brought her back; I opened her shawl, and found these boots - I asked if she was not ashamed of herself; Carter said, "Look over it this time;" I said I could not, as I had lost so many - these boots had been in the window, near to where Wilmington stood; Carter had sat on a chair in the middle of the shop.
Carter put in a written Defence, stating that she had gone into the shop to look at the shoes, intending to have them laid aside for her, if they saited, till she could pay for them, and that she had no knowledge of Wilmington.
Wilmington received an excellent character.
WILMINGTON - GUILTY. Aged 13.
Recommended to Mercy by the Jury .
Fined One Shilling , and Discharged.
CARTER - GUILTY . Aged 18.
Transported for Seven Years .
1453. HENRY WARD , HENRY CHATTERTON , and JOSEPH PAYNE were indicted for stealing, on the 26th of May , 1 purse, value 1d., 17 shillings. and 2 sixpences, the property of William Brown , from the person of Harriet, his wife .
GEORGE RANSON . I keep a fish-stall in Shoreditch . On the 26th of May, about half-past six o'clock, Mrs. Brown was at my stall, buying fish - she had a basket on her arm, and one in her hand; I saw Ward run from behind her to the other two prisoners, who were in the road and they all ran off together; I asked Mrs. Brown if she had lost any thing - she looked in her basket, and said she had lost her purse, with 18s. in it; I immediately ran after them, and they were all taken in William-street - this purse and money was found in Chatterton's trousers - I had seen Ward give something to Chatterton.
JOSEPH RYAN (Police-constable G 216.) I saw the prisoners running in William-street, and concluded they had something - I stopped them; Ranson called out to me that Ward had taken a purse, and I found this purse in a place like a false pocket, at the bottom of Chatterton's trousers; Mrs. Brown came up, and said, "That is my purse, and it contains 18s.," which it does.
HARRIET BROWN . I am the wife of William Brown . I was buying fish; I had two baskets with me, one of them had this purse and 18s. in it - I did not know I had lost it till Ranson asked me - I then missed it; he ran, and I followed him as fast as I could - I had a child in my arms; I saw the prisoners when they were stopped.
Chatterton's Defence. I saw a young man throw something down - I took it up, and put it into my pocket; the officer stopped me - I did not resist, as I knew I was innocent.
Payne's Defence. I was coming down William-street, and went to speak to Chatterton, who was in the road - I had scarcely spoken to him when Ward came up, and Chatterton said, "Come on, we have got some money."
WARD - GUILTY . Aged 13.
CHATTERTON - GUILTY . Aged 19.
Transported for Seven Years .
PAYNE - NOT GUILTY .
WILLIAM WATERS . I drive a cab . On the 21st of May I was in Tottenham-court-road - my cab was on the stand, and I was in a public-house - my great coat was on the box; the prisoner came into the public-house - I asked if he was the waterman; he said he was acting for him - I asked him to take care of my cab; I then went into the parlour - he came and sat down by me; I asked him to have a drink of porter; I then found his hand in my pocket - I said that would not do - I got up to go out - he got out first, and I saw him take my coat off the box; some other men detained me till he got off.
CHARLES HILL . My father keeps the public-house. -I was at home - I saw the prisoner take the cab behind some others, and take the coat off the box - he put it on his left arm, and walked towards St. Giles'; in about a quarter of an hour he came back, and said he had brought the coat into the house - the prosecutor was there - he collared him, and gave him into custody.
HENRY NASH . I was coming up the road between three and half-past three o'clock, and saw the prisoner go along with the coat on his left arm - I waited till he came back - he used very ill language, said he had not got it, and knew nothing of it.
Prisoner's Defence. He sent me to get his coat as he
GUILTY . Aged 18. - Transported for Seven Years .
FRANCES DAWSON . I am the wife of Daniel Dawson ; we keep a beer-shop . On the 23rd of May my son and my little girl were at home; I had some money in my till, which was near my front door; the prisoner drove up in a gig, and called for some beer, with which I served him; I then had occasion to go to the back of the house; I left my till unlocked - I do not know what was in it, but I know there was some money; I had been at it half an hour before - I returned in about twenty minutes; the prisoner was still at the door - I missed my money from the till, and I told him so - he said, "Have you," but I do not recollect his saying who could have done it; I told him there was one sixpence marked, which I could swear to, but there was not - I said if he would own it, I would forgive him; he then drove away, and I told the Policeman, who went in pursuit.
EDWARD FREEMAN . (Police-constable N 132). I went in pursuit of the prisoner, who had got about a quarter of a mile from the prosecutor's; I said, "I want you" - he said, "What do you want?" I said, "You know I want that money which you took out of the till;" he put his hand into his waistcoat pocket, and took out two sixpences - he said one of them was his master's, and if there was any more money it was in his coat pocket - I took his coat, and found in the pocket of it eight shillings, and six sixpences; at the station-house he said it belonged to the landlady, and asked if they would transport him.
Cross-examined by MR. PHILLIPS. Q. Was not all this after the landlady had promised him forgiveness? A. I do not know what she had promised.
JAMES MILLER . I am a Police-serjeant, and was on duty when the prisoner was brought in; he said one sixpence belonged to his master, and that in his coat-pocket was the money which he took from the till, and what a fool he was that he did not give the woman the money.
The prisoner received an excellent character.
GUILTY. Aged 16.
Recommended to Mercy - Confined Six Weeks .
JAMES TURNER . I am in the service of Mr. Thomas Dexter , a pawnbroker , in Union-street, Spitalfields . On the 28th of May I received information; 1 ran to the door, and took the prisoner about thirty yards off, walking slowly; he gave me this hat, which is my master's, before I took hold of him - he said he was tired of life, and wished to get transported.
Prisoner. I have been very ill these last eight months, which drove me to distress - I have a wife and family somewhere in London - I wished to go to prison to get something to eat.
GUILTY. Aged 47.
Recommended to Mercy - Confined Seven Days .
JEMIMA ELLIOTT . I know Mr. Barfoot's premises in the North-road . On the 30th of May, at nine o'clock at night, I saw the prisoner and two more boy s with him - the prisoner went down Mr. Barfoot's yard, and brought out this door; I went and told the prosecutor, and when he came the prisoner ran off, but he was taken the next day, when he came to work.
Prisoner's Defence. I fastened up his gate, and went home - I saw no door.
GUILTY . Aged 17. - Transported for Seven Years .
JOHN FOLEY . I am a watchman. On the 25th of May, at eleven o'clock at night, I was in Euston-place - this cock was in Lowndes mews - I saw the prisoner carrying it, and, in consequence of a woman giving an alarm, I stopped him with it - he said, he wanted to take it to fight.
Cross-examined by MR. HEATON. Q. Was it not dark? A. Yes; the prisoner did not appear drunk - he could run.
PHOEBE KENNINGTON . I saw the prisoner take this fowl from the stable - it was at roost there - I saw two other lads come down the mews with him - I called to know what they wanted, and they all went away - the prisoner then came again, went in the stable, and took the fowl - I called Stop thief! my husband ran down - the watchman had then got the prisoner.
Cross-examined. Q. Is it not an unfinished place? A. It is not a thoroughfare - there is no door or window to the stable - I swear the prisoner is the man.
Cross-examined. Q. Then it was an open place? A. Yes.
GUILTY. Aged 31.
Recommended to Mercy - Confined Fourteen Days .
ELIZABETH TARBATH . I am the wife of George Tarbath . On the 21st of May I was returning home, about nine o'clock in the evening - the prisoner came behind me, snatched my reticule, containing this money, out of my hand, and ran away - I saw him two or three yards from me, when I turned round; I gave an alarm - he was pursued, and taken; I only lost sight of him once, while he turned a corner - I have not seen the reticule since.
Prisoner's Defence. I was running home from my cousin's.
NOT GUILTY .
THOMAS PRIGNELL was indicted for stealing, on the 27th of June , 1 saw, value 2s. 6d. , the goods of William Gale .
WILLIAM GALE. This is my saw.
GUILTY - Aged 32. Transported for Seven Years .
JOHN CALLER (Police-constable S 67). I was at Battle-bridge on the 1st of June; I met the prisoner with these weights - I asked what he had got; he said two weights which he had been to get stamped, and two other persons had employed him to carry them; I took him, and sent my serjeant to take the other two, but they were discharged.
GUILTY . Aged 12. - Whipped and Discharged.
RICHARD BRADSHAW (Police-constable D 102). On the 28th of May I was passing through Portman-square, and saw the prisoner open an area gate, go down, and come up again; I followed him, he ran through several streets, and then into a public-house - I went in, and took him as he was going out at the back door; I asked what he had about him - he said he did not know; I said, "I will see"- I took him back to the area, and saw Janson coming out of the area - I asked if he had lost any thing; he said he did not know; he looked into his basket, and missed these two parcels.
FREDERICK WILLIAM JANSON . I am servant to Mr. James Ball , Sen. I went to Admiral Drummond's - I left my basket in the area while I went into the kitchen to speak to the servants; when I came up the officer met me, and I missed these things.
GUILTY . Aged 30. - Transported for Seven Years .
1463. ELIZA HARRISON was indicted for stealing, on the 22nd of June , 1 watch, value 2l.; 1 watch-key, value 6d.; 1 handkerchief, value 1s., and 1 sovereign, the property of Joseph Smith , from his person .
JOSEPH SMITH . I am a seaman on board the Jose Maria. On the 22nd of June, between twelve and one o'clock at night, I was in Ratcliff-highway , going home; the prisoner saw me, and asked where I was going; I said home - she said, "Come along with me;" I told her to go along, as I did not want her - she then took hold of my watch, and snatched it out; I said, "Give me my watch;" she said,"Get out, you d-d fool;" it rained very much - I got the officer, and gave her in charge; when I got her to the watch-house I missed the sovereign and the handkerchief from my pocket; I had been to my captain, and had received the money to pay the people in the morning - the sovereign was tied in the corner of the handkerchief; there were two other women close to the prisoner, when she took my watch, and they went away.
Prisoner. I never saw the watch; you took me to a public-house, and gave me some gin. Witness. I never gave you any thing, nor took you any where - I laid hold of you, and kept you till the officer came.
ARCHIBALD CHAMBERLAIN . I am an officer. About half-past twelve o'clock that night the prosecutor called me, and said he had lost his watch - I took the prisoner, and found on her this handkerchief, which she said he lent her to wipe her month after drinking gin.
Prisoner's Defence. I saw the prosecutor sitting on the step of a door; he was very tipsy, and his clothes were loose - he said, "I have been having a sleep;" he got up and took me to a public-house to have some gin - he felt his pockets, and said he had no money; the landlord took the gin up again - he then felt in his pockets, found 6d., and paid that - we then came out; it rained very heavy, and he put the handkerchief round me; he asked if he could go home with me - I said, No, as a female slept with me; he said he could not get into his lodging - I said I could not help that; he then said he had lost his watch, and gave me in charge of the officer; I stood by him till he came, and then I was taken; the next day he said he had lost a sovereign, and his landlady said he had only half a sovereign.
GUILTY . Aged 38. - Transported for Life .
1464. JOHN GROVES was indicted for stealing, on the 26th of May , 1 watch, value 2l.; 1 watch-key, value 3d., and 1 seal, value 1l., the goods of David Ellis Carter ; and that he had been before convicted of felony .
DAVID ELLIS CARTER. I am coachman to Lord Templemore, in Portman-square . On the 25th of May I invited a friend, named Briton, to dinner - he brought the prisoner with him, as a friend of his; I had seen him once or twice before with Briton - we all dined together at the stable, where I am on board wages; I had a watch hanging up in my window - it was safe at twenty-five minutes after two o'clock; the prisoner looked at it, and observed it was that time - I went out at half-past, and the prisoner and Briton went down with me; I did not miss the watch till the evening - I suspected the prisoner, and spoke to the officer; we went to where the prisoner lived, and the watch was found in a box, which the prisoner produced the key of; he was in bed at the time.
THOMAS HARRISON (Police-constable D 13). I went with the prosecutor to the prisoner's, who said he wanted to speak to the prosecutor; I said we could not compound felony - I took him to the station; he gave me the key of the box, and I found the watch in it.(Property produced and sworn to.)
GEORGE AVIS . I am an officer. I have a certificate(which I got from Mr. Clark's office) of the conviction of the prisoner on the 20th of October last, in the name of John Garnham - he was sentenced to six months in the House of Correction; I took the prisoner, and know he is the man.
Prisoner's Defence. I was invited to the prosecutor's, and while my friend was preparing for dinner, I assisted
GUILTY . Aged 21. - Transported for Fourteen Years .
ROBERT DIXON . On the 22nd of May I saw the prisoner go into Archdeacon's shop, in Mile-end-road , when the first shutter was taken down, a little after seven o'clock in the morning - this caddy stood on a pianoforte, and he took it off, and walked away; I called to the shopman, and the prisoner began to run - I called Stop thief! and ran after him; he threw the caddy down - I took it up; he was not out of my sight till he was taken.
GUILTY . Aged 18. - Transported for Seven Years .
JOHN WILLIAMS . I am a shoemaker , and live in Turnstile, Saffron-hill . I saw the prisoner take these shoes from the front of my window; I saw his back, and ran round the corner, and took him with them, about one hundred yards off - these are mine.
Prisoner's Defence. I was going along, and a man said "There is a pair of shoes for you" - they laid in the middle of the pavement, and I took them up.
GUILTY . Aged 36. - Confined Six Weeks .
Fifth Middlesex Jury, before Mr. Common Sergeant.
Cross-examined by MR. PHILLIPS. Q. Are you single? A. Yes.
BENJAMIN THOMAS SCARNEL . I am a jeweller, and live in Westminster-bridge-road. I have two silver coins, which I bought of two young girls, who called at my shop, after leaving an ear-ring to be mended - I cannot say the prisoner was one.
SUSANNAH BELL . I live with Miss Ward - she is a dress-maker. The prisoner offered me this fan a week or ten days before she left - I would not have it, and she put it into my box, but I did not see her do it.
SOPHIA FIELDER . I was servant to Miss Ward - I went on Tuesday and the prisoner left on Wednesday - the prisoner and I were sent on Wednesday to the Horse and Groom, and we had to go again on Friday - the prisoner then told me to take the two silver coins into the silver-smith's shop - he gave me 8d. for them - I had taken the ear-ring before - she paid three pence for that being mended; and then she bought some nuts.
Cross-examined. Q. Was any one present when you received them? A. No; she told me not to be afraid to go in, as they were her own - she said so when I asked why she did not take them herself - she went in, took the money, and paid for the ear-ring.
JAMES CLAPSON (Police-constable D 153). I took the prisoner in the kitchen at Miss Ward's - I believe she had been sent for there - I found the fan in the box there - I found this net at a house in cumberland-street, Middlesex-hospital.
NOT GUILTY .
NOT GUILTY .
1469. ANN ELIZA SUMMERS was again indicted for stealing, on the 10th of May , 1 petticoat, value 2s.; 1 yard offlannel, value 6d.; 1 habit-shirt, value 1s., and 1 pack of cards, value 1s. , the goods of Ann Ward .
ANN WARD . I live with my sister. I did not miss these articles, but they were found in the prisoner's box, which had not been taken away from my sister's - we asked her to open the box, which, after some time, she did, with the key which she took from her pocket - she took out this piece of flannel - she had been a servant of all work ; she said this flannel was her own, but I had been making a new petticoat - this is half a breadth that was left, and the other half breadth is in the petticoat - I have compared them, and have no doubt they are the same.
Cross-examined by MR. PHILLIPS. Q. What is the value of the articles in this indictment? A. I do not know; this flannel is worth about 6d - there is no private mark on it.
NOT GUILTY .
1470. ANN ELIZA SUMMERS was again indicted for stealing, on the 10th of May , 1 purse, value 1s.; 1 pair of sleeves, value 1s., and 1 habit-shirt, value 1s. , the goods of Elizabeth Ward , her mistress.
ELIZABETH WARD . I lost a purse, a pair of sleeves, and a habit-shirt - I did not miss them till they were found - the sleeves were taken from a box which I allowed the prisoner to leave at my house, but she had the key of it - the other articles were found in the box brought by the officer - when I last saw the sleeves they were in my drawer; I know them to be mine - they were made for a lady, and returned, because they were too small - the prisoner said they were her own.
NOT GUILTY .
JOHN BUTTERS . I am a carpenter , and live in Richard-street, Islington. I was at work for Mr. Blackburn, at a house in Lloyd-square ; on the 23rd of May I missed a saw, between four and half-past four o'clock, from the back-parlour - I afterwards found it in the kitchen, placed under the landing of the front-door - I left it there, to see what would become of it: I arranged with Mr. Blackburn to watch - I have seen the saw since.
JAMES BLACKBURN . I live in Soley-terrace. In consequence of what Butters said I was on the watch, and in the evening saw the prisoner go to the premises, enter a side door, and come out with this saw, secreted under his arm, with his apron covered over it; I followed, and stopped him - he said he found it in the back premises, and was taking it home for protection; he had no business there.
Cross-examined. Q. Had there been any workmen on the premises? A. Yes, till six o'clock; this door was barricadoed on the inside; the house was not finished - a person could have got in at a window, but they would have been seen; the place was not left unprotected.
COURT. Q. You saw the prisoner go out with the saw? A. Yes, but it is possible the saw might have been placed outside the premises; the door was out of sight: I cannot tell whether he entered the house.(Property produced and sworn to.)
The prisoner received a good character.
GUILTY. Aged 13.
Recommended to Mercy by the Jury . - Confined 1 Week .
THOMAS OKEY . I live in White's-row, Spitalfields , and am a basket-maker . The prisoner was my servant about five days; I paid him on the Saturday night, and expected him on the Monday morning, the 21st of May; he did not come, but the officer came at eight o'clock in the evening, and asked if I had lost any thing: I looked and missed five or six bundles of basket-rods - I found the prisoner in the watch-house; these two bundles are my rods; I know them by the quality, but there are several more bundles missing, they are worth 7s. a bundle - the prisoner had access to the yard where they were; I expected to see another person at the bar.
Cross-examined by MR. PHILLIPS. Q. Who is that other person? A. Richard Keetch , who had worked for me for five or six weeks; I did not exactly hire the prisoner: Keetch brought him there to work, and asked if he might work there - Keetch had often worked for me; he is my sister's son-in-law - I did not agree with the prisoner about wages, but I paid him the same as others had; Keetch has absconded for five weeks on this account - he never hired a person to work there before: the prisoner lives in the same court in Quaker-street.
THOMAS BAILEY . I live in Plumtree-street, Bloomsbury, and am a basket-maker. I have a slight knowledge of the prisoner; he came to my father's house in Quaker-street on the 20th of May: I was there, and he asked me if I would purchase two bundles of rods - I asked where they were; he said if I could go with him, he would show me - he took me to a court near my father's, where I saw Keetch and these two bundles of rods; I asked what they wanted for them; they both said 8s.: I did not particularly examine them, as I had no suspicion - I offered them 6s., which they agreed to take; I gave them 1s. deposit: they then asked if I would buy six more - I then had some suspicion and said I did not want them, but, as they pressed it, I said I would see, and told them to bring these two bundles to my father's in the course of the day - the prisoner said he would take them with me, and he and the other brought them to my father's door directly; I asked the prisoner his name; he said Ingram or Ingham, and that he had the rods of his father in the Borough: I looked at them, then went to the officer, and gave him information - I then went to the prisoner, and again asked about them; he said, "It is all right, I will fetch them back again:" but I said that would not do for me.
Cross-examined. Q. Did you pay the 1s. to the prisoner? A. I believe it was to Keetch, but I cannot exactly say which; they both held out their hands, and as it was rather a dark place I cannot be certain, but I have no doubt it was to Keetch - when I knew the prisoner he lived at the corner of the court, about two hundred yards from where I purchased the rods; I did not know the other.
Prisoner's Defence. The other man hired me, and took me to the prosecutor's; he asked me where this gentleman lived, and said he would pay me for selling the rods.
GUILTY . Aged 17. - Confined Three Months .
1473. SUSAN CHAFF was indicted for stealing, on the 11th of June , 10 spoons, value 20s.; 1 jacket, value 4s.; 1 cloak, value 6s.; 1 tea-kettle, value 5s.; 2 books, value 5s.; 12 knives, value 12s.; 12 forks, value 8s.; 6 sheets, value 10s., and 2 table-cloths, value 3s., the goods of Charles Fletcher Gibson , her master .
CHARLES FLETCHER GIBSON . I live in Grove-terrace, Marylebone ; the prisoner was my servant for about eighteen months. On the 11th of June I gave her notice to leave at eight o'clock in the morning - she left about ten o'clock on the following morning, I missed the articles stated, and others.
Cross-examined by MR. PHILLIPS. Q. Are you married? A. Yes; my wife is not here.
Cross-examined. Q. Do you know whether any one else has been taken? A. I believe a relation of the prisoner's was - this tea-spoon on the 22nd of May was pawned by another person, but being among so many things I have said the prisoner pawned it - the prisoner sometimes pawned in the name of Mary Smith , and sometimes as Ann Smith ; she has been in the habit of coming two or three times a day, changing tea spoons and other things - I know her so well, that when I have asked her name, she has said, "You know me" - I said, "But we do business by Act of Parliament;" and then she gave the name of Smith - she has been thirty or forty times there within the last three months, to pledge and to redeem articles, by bringing others to pawn.
MR. GIBSON. These are my property - the prisoner had them in charge as my servant; I had never authorized her to pawn them nor have I been privy to it.
THOMAS SOPER (Police-constable S 20). I took the prisoner in East-street, Manchester-square - the prosecutor was with me; she said, "Pray, Mr. Gibson, forgive me - write to my father, and it shall be all right."
The prisoner put in a written Defence, stating that her mistress had sent her to pledge the articles unknown to her master.
MR. GIBSON. I understand there has been some things pawned by her mistress' knowledge, but none of these.
NOT GUILTY .
GEORGE POWELL (Police-constable E 75). On the 16th of May I saw the two prisoners coming from Great Russell Street - Cooper was carrying this blue paper parcel in an apron, and Harris was by his side; I followed them, and took the parcel from Cooper at the corner of Buckeridge-street - Harris then ran away, and I saw another officer go in pursuit of him - I took Cooper to the station, and Harris was brought in soon after - this parcel contains 28lbs. of yellow soap.
ISAAC GRAY . I keep a chandler's shop in Drummond-street, St. Pancras . I lost 28 lbs. of soap on the 16th of May - it was safe between seven and eight o'clock in the morning, and I missed it between nine and ten o'clock -I gave notice at the station; and next morning it was brought to me - this is it.
COOPER - GUILTY . Aged 18.
Confined Six Months .
HARRIS - NOT GUILTY .
MARGARET CARR . I am a widow , and live at Shadwell . The prisoners applied to me for a lodging on the 17th of May; they slept up stairs, and the next morning went out about eight o'clock; I had heard them open the window of their room to see if my shutters were shut, and they then went out - I looked after them, and saw them going the back way; I followed, and called to them to stop, but they would not - I saw the quilt and blanket about Norwood's middle; I did not see any thing on Calaghan.
Cross-examined by MR. PHILLIPS. Q. Where did you find the blanket and quilt? A. They were sent by a little boy: there was no person there that night, but the prisoner; my husband has left me thirteen years - I do not know where he went; his name was James.
COURT. Q. Where were you married? A. At Winchester - he was a soldier; he left me in Poplar - I have no reason to believe he is dead; he was born in Sligo -I have never looked much after him.
NOT GUILTY .
HENRY BOND ROYDS . Between four and five o'clock, on the 28th of May, I was in St. James'-street , and received information - Stone produced this handkerchief which is my property; I had had it safe a quarter of an hour before.
GEORGE STONE (Police-constable C 99). I was in St. James'-street, and saw the prisoners behind the prosecutor - I saw Barnett put his hand into his pocket, as I suspected, and give the other a nod to walk away - they both walked off; I said to Barnett, "What have you got here?" he said Nothing, and threw this handkerchief down; I took hold of him, and my brother officer took the other; they had been close to one another when the handkerchief was taken.
Barnett. Q. Did you find it on me? A. I saw you take it from the flap of your trousers, and throw it down; I found on you two other handkerchiefs, an old silk one and a Belcher - he said this one was not marked, but it is.
Barnett's Defence. The other two handkerchiefs are mine, and I am innocent of stealing this - I did not have it in my possession.
BARNETT - GUILTY . Aged 25.
COWARD - GUILTY . Aged 18.
Transported for Seven Years .
ROBERT BURNS . I am in the employ of Mr. John Brooks . On Saturday night, the 19th of May, I was outside his shop; the prisoner and another girl came up, and asked the price of a bit of bacon - I told them 7d. per lb.; the other girl said, "That will be too fat for your mother, Mary;" the prisoner then took hold of my shoulders, turned me round, and I saw the other girl with a piece of cheese, running across Shoreditch; I caught hold of the prisoner, but as I was going to speak to my master, she flew out of my arms; I ran after her again, and caught
Prisoner. I never touched you. Witness. I am sure you did take hold of my shoulder, and then I took hold of you.
WILLIAM BARRON (Police-constable G 158). I took the prisoner on the 19th of May, in consequence of an alarm from the boy - the prisoner said she knew nothing about it; but in going to the station she said, "I will take you to where the girl lives, who took the cheese;" we went to a house in Bethnal-green, but the girl was not there.
Prisoner's Defence. I know nothing of her, but she asked me to go and buy a bit of bacon - she took this cheese, and ran away with it; I told the officer where she lived.
GUILTY . Aged 15. - Transported for Seven Years .
NEW COURT. FRIDAY, JULY 6.
Fifth Middlesex Jury, before Mr. Common Sergeant.
GUILTY . Aged 57. - Confined Three Months .
GUILTY . Aged 20. - Confined Six Weeks .
CHARLES PADDEN . I am foreman to Francis Cotton , a pawnbroker , of Shoreditch . On the 31st of May a little girl named Taylor came to offer a counterpane and a shirt - I placed them on the counter, and went to the other side, to attend to a customer; soon after the little girl left the spot - the prisoner came in, and went to where the parcels were; she went out in two or three minutes, and I missed the shirt; the prisoner returned in five minutes, and I charged her with having taken the shirt - she denied it, and said she was a very honest woman, and seemed surprised that I should suspect her; I asked where she had been - she said to purchase a penny worth of tea, and afterwards a penny worth of gin; I asked if she would object to be searched - she said No: the servant then searched her, but did not find it. On the Saturday after, I was sent for by Mr. Russell, a pawnbroker, and found the prisoner there, with this shirt; I told her this was the shirt she had stolen from my counter - she denied it, and said it was her husband's; I gave her into custody - I do not positively identify the shirt, but this is the one I found there; Mr. Cotton is answerable for the shirt, and has paid for it.
Cross-examined by MR. PHILLIPS. Q. Did not her husband attend at the office? A. Yes, and produced a shirt there, but it was seven inches wider than this - there was only the little girl in the shop when the prisoner came in - I saw her leave the shop, and did not see her take any thing; I might be three or four yards from her - I had seen her come to our shop.
REBECCA TAYLOR . I shall be sixteen years old in September - I lived with William Hart and his wife. On the 31st of May I went by Mrs. Hart's direction to Mr. Cotton's, with a shirt and a counterpane which she gave me; the pawnbroker placed them on the counter - the prisoner came in while I was there: I did not see her do any thing, but she went away, and the shirt was missing in three or four minutes.
Cross-examined. Q. Do you mean to swear you were servant to Mr. Hart? A. I was at that time - I was a yard or two from the prisoner while she was in the shop, but there were two or three persons between us - there was a girl and two women.
THOMAS REEVE . I am apprentice to Mr. Russell, a pawnbroker, in Shoreditch. On Saturday night, the 2nd of June, between eight and nine o'clock, the prisoner came and offered a shirt to pawn - in consequence of what we had heard, Mr. Cotton's shopman was sent for, and she was detained - this is the shirt.
Cross-examined. Q. Do you mean you looked at it? A. Yes - here is a red mark on it, which I should think is not often put on shirts; the prisoner is a customer at our shop.
Cross-examined. Q. How old is your son? A. Twenty years last March - his father's name is William.
Prisoner's Defence. When I was taken Mr. Padden said he had given 6s. for it, and at the office he said he gave her another shirt - I had plenty of time to have taken the mark out, but I knew it was my own.
GUILTY . Aged 40. - Confined Fourteen Days .
Before Mr. Sergeant Arabin.
ANN JUDE . I live with my father; he is a labourer at Enfield . I went out on the 31st of May, leaving my watch over the mantel-piece; I was out all night, and when I came back the next morning, it was gone - the prisoner is a labourer , and lives at Enfield; he came to town on the day following, and returned the day after.
WILLIAM JUDE . I know my daughter's watch was safe in the house on the 31st of May; it was afterwards missing- I came to town on the 1st of June, and the prisoner with me, to bring two pigs in a basket over to the Borough; the prisoner had nothing to do, and I said he might help me - I had not seen him in my house.
Prisoner's Defence. The prosecutor asked me to go to London; in going along he asked if I had any money - I said No; he said no more had he, and he would give me his daughter's watch to pawn, which I did, and we spent the money together - in going home, we had a few words, and he said, "I will fix you for it;" he then went and stopped it - he has been convicted here himself.
WILLIAM JUDE . There is not a word of truth in it; I had three or four shillings in my pocket; I could have taken the pigs myself, but the prisoner had nothing to do, and I asked him to go with me - I gave him plenty of victuals and drink; he lives next door to me, but hardly ever comes into my house - I was here about two years ago, but I never was tried; it was about a horse I had sold to a young man.
Prisoner. You was convicted of stealing a bag of nails, and had six months in the House of Correction, and your son is there now. Witness. No I was not.
JURY. Q. Did you partake of any of the money? A. No, I did not - he said he had no money, but he left me in Smithfield, and came again in about an hour; he then said he had seen his sister, who gave him 1s., and a cousin of his, who gave him 1s. 6d.
GUILTY . Aged 21. - Transported for Fourteen Years .
THOMAS NEWMAN . I live at South Mimms, in Middlesex . I had some tame rabbits in a hutch; at six o'clock in the morning I lost a doe, the mother of four young ones - they were in a house attached to a building in which my men are.
Cross-examined by MR. DONNE. Q. Had you seen the prisoner at your house that evening? A. He was seen about the yard; I keep the Green Man, at Barnet - there is no drinking allowed in that part where they were; I did not see the prisoner all the time he was there - I have no relation of his in my employ.
JAMES BUCKLE . I am servant to Mr. Newman. On the 21st of May, this rabbit was safe in a hutch in an outhouse in the yard at five o'clock; the hutch was shut, but not locked - I missed it at six the same night; it was found at Southgate.
Cross-examined. Q. Are you sure it was in a hutch? A. Yes, it was not running about; I saw the prisoner there that afternoon - but I cannot say how long; I saw him in what we call the old tap; I do not know what he was doing - it is not usual for persons to be there; it is the place where our men sleep - he was standing inside the door; he was not drinking - his uncle is a watchman in Mr. Newman's employ.
WILLIAM WALDUCK . I live at Southgate. I met the prisoner with this rabbit; he offered it to me for sale, on the 21st of May, at half-past seven o'clock at night - I had not seen him before; he asked half a crown for it -I said I would buy it if my father approved of it; my father was talking to him when the prosecutor came up, and took him into custody.
Cross-examined. Q. How far is that from the prosecutor's? A. About four miles; he did not appear intoxicated.
Cross-examined. Q. Had you any conversation with the prisoner? A. No, my boy brought it to me, and said he had agreed to buy it for half a crown; I asked the prisoner where he got it - he said he bought it of a man coming across the fields; Newman then came up, and gave him into my custody - I never said to the prisoner,"You have stolen it, and you had better say you have," and he never said that, in consequence of his having a wife and family, he would say he had stolen it.
GUILTY . Aged 31. - Transported for Seven Years .
EDWARD RAYNER . I live opposite Mr. Harris. On the 21st of May I was standing in my shop, with Sandell - I could see into the prosecutor's shop; I saw Bishop, and another person, between nine and ten o'clock in the morning, go to the prosecutor's shop, and I saw the waistcoat go off - Bishop either concealed it in his apron, or under his apron, and they went away; I sent Sandell, who ran, and collared Bishop - I went over; we took him into the prosecutor's shop - the other person got away; I cannot swear that it was Berry.
Bishop. Q. What time was it? A. Between nine and ten o'clock; I was in our shop, near a little room we have there.
SAMUEL SANDELL . I am in the service of Mr. Rayner's father. I was in the shop, and saw the prisoners standing close together by the prosecutor's door; this waistcoat was taken down - Bishop concealed it; I went and took him, and he dropped it - the other, who I believe was Berry, walked away.
JAMES BROWN . I am a Police-officer. I was passing the prosecutor's shop, and these two witnesses had Bishop in the shop; I saw Berry run across the street, and go up another street, towards Crabtree-walk - I took Bishop at the shop, and about twelve o'clock Berry came to the office with some provisions for Bishop, and I took him.
Berry. He first swore he only saw my dress, and the next time he said he saw my face. Witness. I deny that - I saw your face and dress too.
Bishop's Defence. I was going by, and saw the waistcoat on the ground; I took it up, and put it into my apron - I never saw Berry that day till he came to the office, and said he heard I was in confinement for breaking a window.
Berry put in a written Defence, stating that knowing Bishop, he had taken him some refreshment, but denying he had been near the prosecutor's shop.
THOMAS BERRY . I am father of the prisoner - he works at home with me as a brush-maker; he was at home on the morning in question, and went out to breakfast; I work in Holywell-lane - he was there at nine o'clock - he then went to breakfast, and returned at ten; that place is ten minutes' walk from the prosecutor's - he was in the House of Correction twelve months, on suspicion of passing bad shillings, but for the last twelve months he has been very steady.
BISHOP - GUILTY . Aged 18.
BERRY - GUILTY . Aged 18.
Transported for Seven Years .
LOUISA KENNEDY . I am the wife of Richard Kennedy - we live at Poplar . On the evening of the 21st of May I was in my room, adjoining my shop; I saw the prisoner come in, and take a jar and a loaf of bread - he ran off with them; I pursued, and called the Policeman, who took him with the articles.
Prisoner. I was in liquor; I did not know where I was till the next morning - I asked the officer if he had my money, and he said he had not - I had 7s. or 8s. about me. Witness. He was not in liquor; I had a great deal of trouble with him - it took four of us to get him to the station; I asked what money he meant; he said 7 1/2d., but he had nothing when he was searched - he might have lost it.
GUILTY . Aged 22. - Transported for Seven Years .
JOHN NESBITT (Police-constable E 63). I took up the prisoner on the 27th of May, on a charge of stealing the prosecutor's gown, who sent for me; the prisoner said he had taken it, and if I would not take him he would tell me where it was - he took me to the pawnbroker's.
GUILTY. Aged 12. - Judgment Respited .
SAMUEL HARDING . I was leaving work, and heard Lane call out; I ran, and saw the two prisoners running - Bird had this iron gate - they ran into a passage; I pursued them, but they were gone; I pursued, and saw a mob of people; the prisoners were taken.
WILLIAM SEAR . I am in the employ of William Martin, a bedstead-maker . On the morning of the 19th of May I missed two or three iron gates; I went to the station, and found this gate there, which is my master's; it had been in our waste ground, which has an iron railing round it twelve feet high - the prisoners were then in custody.
BIRD - GUILTY . Aged 14.
WHEELER - GUILTY . Aged 12.
Transported for Seven Years .
GEORGE REDWOOD . I slept at No. 2. Cooper's-garden , on the night of the 14th of May - the prisoner slept in the same room. I got up at six o'clock in the morning; the prisoner was gone, and I missed my trousers; I found them afterwards at Mr. Attenborough's.
FRANCIS FEATHERSTONE (Police-constable N 88). I have a certificate (which I got from Mr. Clark's office) of the former conviction of the prisoner on the 7th of December, 1830; I was a witness - I know he is the person.
GUILTY . Aged 22. - Transported for Fourteen Years .
WILLIAM POULTON . I am in the employ of Thomas Weaver, a cheesemonger , in Spitalfields-market . On the 2nd of June, about half-past ten o'clock in the evening, the prisoner came and asked the price of a piece of pork; we said sixpence a pound; he took it towards the scale, as if to have it weighed, but instead of that a woman told me he had put it under his little short smock-frock, and was gone towards Bishopsgate-street - I followed, and took him with it.(Property produced and sworn to.)
Prisoner's Defence. I went to buy a quarter of a pound of butter; I saw this bit of pork lay by a person's foot, close by the window - I took it up.
GUILTY . Aged 29. - Confined Seven Days .
JAMES TAYLOR . I am a servant out of place . On the 28th of May, about half-past eight o'clock in the evening, I was in St. James'-street , and felt my handkerchief taken out of my pocket; I turned, and seized the prisoner with it in his hand - I gave him in charge.
Prisoner. Q. Can you positively swear I took it? A. Yes; I was close to him - there were no persons between us.
Prisoner's Defence. I was going down Piccadilly on the 28th of May, which was the illumination night; I turned down St. James'-street, as there was some disturbance with a drunken man, and I saw this handkerchief on the ground - I took it up.
GUILTY . Aged 18. - Transported for Life .
ELIZABETH GREEN . I keep a house for Mr. Thomas Yolland, in Warner-street, Fitzroy-square . On the 7th of June my husband was brought home drunk, by the prisoner and another man, about four o'clock in the afternoon - I asked them in, and gave them some tea; they both came again about eight o'clock in the evening, and asked if my husband was at home - I said, "Yes, and in bed;" in a short time the prisoner went down and opened the street door, as if to go out, but instead of that, he went down and took these two coppers, which had been fixed - I heard him go out and shut the door; I went down into the wash-house directly, and missed both the coppers.
ELIZABETH CRUMP . I live with my brother-in-law, Mr. Richardson, in Hampstead Road. I bought these two coppers of the prisoner - he said they were his own; I asked him the question - he came on the 7th of June, about nine o'clock in the evening; I had not known him before, but I have no doubt of him; I gave 7s. 3d. for them - there are 17 lbs. of copper.
Prisoner. There was another man taken the same night, and she said he was the man. Witness. I recognized the prisoner the next morning - I have no doubt of him.
The prisoner received a good character.
GUILTY. Aged 25.
Recommended to Mercy . - Confined Six Weeks .
MARY WADE . I am the wife of William Wade - he is an accountant at Messrs. Clayton and Scott's. On the 28th of May, between three and four o'clock, as I was in St. Martin's-court with my daugher, the prisoner came up, and I felt a pressure - I did not see him cut my bag, but I saw him with my purse in his hand; my bag was on my arm, and his hand was in the bag, in a hole which had been cut in it - he ran off; I pursued him into a public-house on the left hand side; he threw my purse down behind the door, and a gentleman took it up and gave it to me.
Cross-examined by MR. CHURCHILL. Q. Was there not a crowd about? A. There were a great many persons coming to the public-house - I am quite certain of the prisoner's person; I never took my eyes off him till he was taken - I am sure he threw the purse down.
ROBERT WYNNE . I am an attorney. I saw the prisoner turn round - he was walking away; the prosecutrix cried "Stop him! he has robbed me of my purse;" he ran into the public-house - I followed, and saw him drop the purse; I took it up - a person came in and took him.
GEORGE ALLEN GREENING . I was in the public-house, having some ale; a mob rushed in - I did not see the purse thrown away, but I heard some one say, "That is one of them," and, being an officer, I took him.
Cross-examined. Q. There were a great many people? A. Yes, I suppose in two or three minutes there were two hundred people.
MRS. WADE. This is my bag and purse - the purse had 10s. in silver in it.
GUILTY . Aged 19. - Transported for Life .
1496. WILLIAM EARLE , THOMAS SIMPSON , and FREDERICK EDWARDS were indicted for stealing, on the 29th of May , 1 purse, value 1s.; 1 sovereign, 1 half-sovereign, 1 half-crown, and 4 shillings , the property of Sarah Ann Hawes .
SARAH ANN HAWES . I live at the Red Lion and Still, in Drury-lane , with my uncle. On the 29th of May, about seven o'clock in the morning, the three prisoners came in together - Earle called for a quartern of gin; I had seen him before, but not the others - they all partook of the gin: Earle tendered me half a crown to pay for it - I had no silver in the till, and I told the maid to mind the bar while I went to get my purse, which contained a sovereign, a half-sovereign, and 6s. 6d. in silver - I gave change of the half-crown to Earle, put the half-crown in the purse, and put the purse on the table in the bar, but any one could take it by reaching over; I then turned to draw some porter, and when I turned round all the prisoners and the purse were gone - I did not like to call my uncle, but in about two hours he got up, and then I told him, and described Earle's person; the prisoners were all taken in about two hours and a half - a strap of the purse has been found, but not the purse.
HANNAH BLACKLOW . I lodge at the Red Lion. I came down, and saw the three prisoners in front of the bar; I was speaking to the witness, and saw Edwards put his hand over the counter to the table, but I did not see the purse, or any thing in it; Earle was at some distance from the other two - they then went out, and the purse was missed.
FREDERICK WILSON MILNER (Police-constable F 63). I received information of the robbery, and took Earle at the Coach and Horses, Charles-street, Drury-lane, between nine and ten o'clock the same day; he was eating some beef-steaks, and had a pot of porter before him - I found
S. A. HAWES. I believe this to be part of my purse.
Earle's Defence. On the night before I had received 1l. for my work, and on that morning I went to have something to drink - I then came out, and went to work; I had bought a pair of stockings, which the officer took from me- I offered to pay the officer to go down to the person who paid me the 1l.
Simpson's Defence. I met these two prisoners, who asked me to have something to drink - we then came out, and I left them; I know nothing of the robbery.
Edward's Defence. I lodge with Earle, and on that morning he asked me to have something to drink; we met with Simpson, who went with us - when we came out we parted.
SIMPSON - GUILTY . Aged 30.
EDWARDS - GUILTY Aged 25.
Transported for Seven Years .
EARLE - NOT GUILTY .
ABRAHAM PHILIP BROMWICH . I am a baker - the prisoner had been in my employ five or six weeks. On the 21st of May he was sent out as usual with biscuits and bread - if he received any money he was to bring it back with him; he kept no book, but was to settle the same day - he did not return.
MR. BROMWICH. He never returned to me; I had paid him on the Saturday before - I believe it is his first offence.
Prisoner's Defence. I met two friends, who took me into a public-house; I fell asleep, and did not awake till ten o'clock.
NOT GUILTY .
GEORGE STILWELL . I am in the employ of Mr. James King , a shoemaker , who lives in Chapel-street , Liverpool-road. On the 5th of June a person told me some shoes were taken - I went out, and saw the prisoner going up the road, about seven yards off, with them in his hand - I took him with them; here are four pairs.
Prisoner's Defence. I was going along Liverpool-road, and picked them up under the window.
GUILTY . Aged 17. - Confined One Month .
HENRY LOVE . I am in the employ of Thomas Goodman - he deals in building-materials . On the 28th of May I saw the prisoner come out of his premises, in St-Martin's-lane , carrying this piece of timber - I secured him; he had no right to be there.
Prisoner's Defence. I had been out of employ; this piece of timber laid at some distance from any house - I thought it might have dropped from some cart; I had no felonious intention.
GUILTY . Aged 46. - Fined 1s. and Discharged.
GEORGE STONE (Police-constable C 99.). On the 6th of June, at half-past eleven o'clock in the morning, I was in Oxford-street , near Mr. Carter's shop - I passed the three prisoners in company; they turned, and followed me on to Dean-street - they then turned back, and looked to see if I was following them; I crossed between the coaches, and went into a shop - I saw Jowett go and take this cloth from the prosecutor's shop; the other two were close to him at the time he took it - I crossed, and took him with it; they knew me, though I was not in my uniform, and I knew two of them - Bowers escaped, but was taken a week afterwards.
JOHN KENT (Police-constable C 175). I was with Stone, and saw the three prisoners together; Bowers saw us, and watched us - we went into a shop, and saw Jowett take the cloth; we went after them - Jowett dropped the cloth, and was taken.
Glover's Defence. I was in Oxford-street, and stopped to see some illumination-lamps; I then turned back to go to Chapel-street - the officer seized me; I was alarmed, and run.
Bower's Defence. I never saw these two prisoners before.
Jowett pleaded poverty.
GLOVER - GUILTY . Aged 16.
BOWERS - GUILTY . Aged 17.
JOWETT - GUILTY . Aged 19.
Transported for Seven Years .
GEORGE TRYON, Esq . I live in North-square, Bayswater . The prisoner came to my house on the 26th of June; we had not a character with her, but she gave a reference, and we agreed to take her for twelve months, as a servant - she was in my house for an hour and a half, and then absconded; my footman then missed a cream
ALBERT DOWLING JOHNSON. I am a pawnbroker, and live at Knightshridge. The prisoner brought this fork to pawn, on Wednesday, the 27th of June; we suspected her, and stopped her - she said it was not her's, but belonged to a lady in Grosvenor-square; I was going there with her; she tried to run off - I took hold of her, but she was rescued from me.
JOHN RADDISH FORBOCK (Police-constable D 19). Mr. Johnson came to the station, and gave me information that he was going to the place the prisoner referred to, when she was rescued from him by some Irish labourers - I went with an officer, and took the men who rescued her - I afterwards found her; this is the fork - there has been no more found.
GUILTY . Aged 36. - Transported for Fourteen Years .
JOHN MUIR . I am in the employ of Mr. Richard Hall, he has one partner; they are linen-draper's and silk-mercer's . On the 14th of June the prisoner came to their shop- she asked for some ribbon, and some was shown her; she had several yards cut off: Davis gave me information - I saw the prisoner leave the shop, and followed her; she went into a house in Compton-street: I sent for the Policeman, and she was taken - fourteen pieces of ribbon were found in this bag, which she put down at her feet; it is in the shape of an apron, and I suppose had been tied round her.
DAVID DAVIS . I was serving the prisoner in the shop, I showed her some ribbon, she had several yards cut off, which came to not quite a 1s.: I watched her, and saw her putting something into her breast; I then saw her with one piece which she could not conceal - I looked at her, and she threw it down; I caught her hand: she ran out of the shop - I called to Mr. Muir; she was pursued, and ran into a house in Compton-street.
THOMAS CLARK (Police-constable G 88). I found the prisoner in the house; she said she had no property about her - I told her to stand on one side, and I saw the property at her feet, partly pushed under some pieces of parchment in the passage.
GUILTY . Aged 20. - Transported for Seven Years .
GEORGE HINTON. I am a butcher , and live in Newport-market. On the 6th of June, about two o'clock in the morning, I was a good deal the worse for liquor, but I knew what I was about - the prisoner and some others met me at the corner of Sutton-street ; they asked me to give them something to drink, and I was foolish enough to do so - I pulled out my purse, containing one sovereign and 35s. in silver; I paid for what we had, and put my purse into my breast pocket again: we then went out, and they wanted me to go to a house, which I refused - they then surrounded me, and the prisoner took my purse from my pocket; I called for assistance, and Calder came up before they had got more than two yards from me - I saw the purse taken from the prisoner's hand.
GEORGE CALDER (Police-constable C 100). I was in Crown-street, Soho; I saw the prosecutor calling for assistance - he said he was robbed; I took the prisoner, and found this bag in her hand, containing one sovereign and 1l. 15s. in silver - the prosecutor was the worse for liquor, but knew what he was doing, and stated what had passed, as he has to-day.
Prisoner's Defence. I met the prosecutor with a young woman; he asked us to have something to drink; as we were coming out of the house, he said he wished to speak to the other young woman - I walked on one side; I kicked against the purse and took it up, but I did not know it was stolen: the other young woman owned that she took the purse.
GUILTY . Aged 26. - Transported for Fourteen Years .
JAMES POSFORD (Police-constable S 50). I know the premises of Mr. George Wallis and another, varnishfactor 's in Maiden-lane . I was on duty there on the 25th of May, and was told to watch their premises; about ten o'clock in the evening I heard a whistle, and saw the prisoner getting over the fence out of their premises - I saw something drop; I went to the spot and picked up this paper of litharge - the prisoner ran down a tile-shed; I went and took him - I knew him before.
Cross-examined by MR. DONNE. Q. Where did you take him? A. In Mr. Adam's tile-kiln, about ten o'clock at night; I never knew that he worked for Mr. Adam's - it was dark, but we turned our light on; he was not out of our sight.
Cross-examined. Q. Had your masters any of that litharge that day? A. Yes, a great deal; I never said we had not so much as this in the house that day - I do not remember saying so; I did not say we wanted some of it.
EDWARD SHAYLER (Police-constable S 187). I was watching the premises; I had seen the prisoner in the evening, and about ten o'clock, when we were near the premises, we heard a whistle - I heard something fall heavy from the fence; I went and saw the prisoner come from the fence - he ran about thirty yards, and we took him.
Cross-examined. Q. Did you see him come over the fence? A. I heard him jump from the fence, and saw him on the bank under the fence.
Cross-examined. Q. Did you not, on the first examination, say you were in want of that article? A. No, I did not.
GUILTY . Aged 23. - Transported for Seven Years .
WILLIAM HALTON . I am in the employ of Mr. Thomas Peartree , who keeps the Three Compasses, at Pimlico . - The prisoner came there about half-past seven o'clock in the morning, on the 8th of June - he asked for a quartern of gin; the bar-maid drew it - he took it, and went out with the measure and glass: he had not paid for the gin - I went out, and when I got outside the door he was a hundred yards off - I followed him; he turned the corner of King-street, and I lost sight of him for about a minute, but I caught sight of him again, and came up with him with the glass - I called for the Policeman, and while he was coming the prisoner gave me the galss, but would not give me the measure - when the officer came he ran down a cow-shed, pulled another glass out of his pocket, and broke it; the officer then took him, and another glass was found in his hat - we could not find the measure then, but it was found on the step of a door in King-street, and about one quarter of the gin was gone out of it.
Prisoner. I paid for the gin. Witness. You did; just as I called the Policeman you gave me a sixpence, but did not stop for the 2d.
Three witnesses gave the prisoner a good character.
GUILTY . Aged 37. - Judgment Respited .
1506. MARGARET QUIN was indicted for stealing, on the 7th of June , 1 pillow, value 1s. 6d.; 1 pillow-case, value 6d.; 1 sheet, value 2s. 6d.; 1 table-cloth, value 1s.; 1 gown, value 2s.; 1 pelisse, value 1s. 6d.; 1 frock, value 2s.; 1 petticoat, value 1s.; 1 bed-gown, value 1s. 6d., and 2 yards of fringe, value 2s. , the goods of John Smith .
MARTHA SMITH . I am the wife of John Smith ; my little girl had had the meazles, and I put these things out at the door to clear my room; I missed them about nine o'clock - the prisoner had lodged in the front kitchen for one week; the landlady had suspicion of her, and we went after her, but could not overtake her.
Prisoner. I was very much in liquor - I never took any thing before; I have a child ten years old.
GUILTY . Aged 24.
GUILTY . Aged 24. - Transported for 14 Years .
HENRY NEETHAM SHRAPNEL . I was in Sherrard-street on the evening of the 6th of June; it was after the opera, about midnight - I felt my handkerchief taken from me; I turned, and saw the prisoner about three yards from me; I ran, and seized him with the handkerchief in his hand - this is it; he was not eight yards from me all the time.
Cross-examined by MR. HEATON. Q. Were there not many persons passing? A. Not on that side the way; he had the handkerchief when I took him; he threw it on the ground - it was moon-light.(Property produced and sworn to.)
Prisoner's Defence. I was going up the street, and the gentleman accused me of picking his pocket; I said I knew nothing of it - I was taken to the watch-house, and the next morning he said his father picked it up three or four yards from him.
The prisoner received a good character.
GUILTY. Aged 19. - Judgment Respited.
Recommended to Mercy . - Confined Three Months .
ROBERT SAWYER . I am in the service of Mr. Thomas Bowtell and another, shoemaker s, in Tottenham-court-road . On the 24th of May, about nine o'clock at night, I was standing in the shop, and saw the prisoner reach in at the door, and take this pair of boots from the floor; he ran off, I pursued, and caught him with them in his possession.
GUILTY . Aged 39. - Transported for Seven Years .
ELIZABETH GERRARD . I am the wife of John Gerrard , who keeps the half-way house, at Knightsbridge . I have known the prisoner some time - he came to our room on the 3rd of May, and asked if my husband was at home - I said No - he then asked me to fetch a pint of beer, which I did, leaving my shawl, handkerchief, and snuff-box in the room; when I came back the prisoner and I drank the beer - he then went away, and I missed these things - he afterwards gave my husband the snuff-box, and the shawl we found at the pawnbrokers.
Prisoner. Q. Did I not stop half an hour in the room, and have some bread and cheese? A. No, you did not; you said you were in a hurry; you only drank the beer, and then went out.John Williams , on the 3rd of May, for 1s. 6d; I knew the prisoner, and was applied to on this subject two days afterwards.
Prisoner. Q. Did you not say, at Queen-square, that you believed me to be the man by the description given of me? A. I said I had a belief you was the man.
WILLIAM SHEPPARD . I am a labouring man, I was drinking a pint of beer in a public-house - the prisoner brought in a duplicate of a shawl, which he offered for sale for 1s. - it was on the 3rd or 4th of May - it said on the duplicate "one shawl 1s. 6d."
JOHN GERRAND . I am the prosecutor. This is my wife's shawl and handkerchief - I had had no quarrel with the prisoner; I went to look after him, and found him in bed, the next day - I said he had taken the property, and if he brought it back it would be all right.
Prisoner's Defence. She gave me the snuff-box to take a pinch of snuff, and, being in liquor, I put it into my pocket - the prosecutor came to me, and I gave it him.
GUILTY . Aged 34. - Transported for Seven Years .
RICHARD HUTTON. I live in Crawford-street , and sell oil-cloth . On the 9th of June I lost a piece, and, from information, I went about a mile, or a mile and a quarter, and found the prisoner carrying it on his shoulder - I took him with it - this is it - there were two others with him - he said one of them gave it to him to carry - they went away.
Prisoner's Defence. I pointed out the man who employed me to carry it.
GUILTY . Aged 28. - Transported for Seven Years .
MATILDA READ . I am the wife of George Read ; we keep a shop in Orchard-street, Westminster , and sell old and new clothes. On the 28th of June my daughter saw the prisoner open the window - she told me of it - I went to the door and saw him run across the road - I took hold of him, and held him till he was secured - he kicked me about very much, but I never let him go - he threw these two handkerchiefs out of his bosom.
ANN ELIZABETH READ. I was sitting in the room - I saw the prisoner at the window - he went to the further pane of glass, and looked all over the shop - I then heard the window open, and called my mother, who ran out and took him.
Prisoner. I was in distress.
GUILTY . Aged 15. - Transported for Seven Years .
JAMES POSFORD (Police Constable S 50). On the 30th of May I was in Maiden-lane, Battle-bridge, at the back of Mr. Wallis' premises - I heard a voice say "What shall we break the door open with?" I stood still, and saw the prisoner come over the pales with a can in his hand - he ran into a tile-shed - he dropped the can, and I fell over it - he had dropped one can when I saw him come over the pales.
Cross-examined by MR. DONNE. Q. How high are the pales? A. I should think five or six feet - it was light enough at that place, but he ran down into a tile-shed, which was dark - he made his escape then, and was taken by another officer the next morning - I had known him before, and I knew his house - I was waiting round his house all night, to see if he came in or out, but he did not - I never had any quarrel with him - I remember the Saturday night previous to this - I was on duty the whole night, but I did not go into any beer-shop.
Cross-examined. Q What time was this? A. A little after ten o'clock - I know he has a wife and five children- I was not drinking on the Saturday night.
GUILTY . Aged 33. - Transported for Seven Years .
THOMAS HENRY PLATT . I live in York-place, New-road. On the 24th of June, about nine o'clock at night, I was walking, and felt my handkerchief taken from my pocket; I turned, and saw the prisoner close to me with it - I did not see any one else there.
Prisoner's Defence. I had nothing to do with it - there were three or four boys there.
GUILTY . Aged 12. - Transported for Seven Years .
1515. WILLIAM YOUNG was indicted for stealing, on the 7th of June , 1 reticule, value 6d.; 1 purse, value 6d.; 1 handkerchief, value 6d.; 7 sixpences, and one 5l. Bank note, the property of Sarah Thompson , from her person .
SARAH THOMPSON. I am single . On the 7th of June I was in Wimpole-street , from a quarter to twenty minutes past eleven o'clock at night; I was alone, and going home to my brother-in-law's; the prisoner, who was a Policeman , came up to me, and said, "Where are you going?" I said, "I am going home;" he caught hold of me, and said, "Will you go along with me, and have something to drink;" I said No - he took hold of my reticule; I said, "Don't take it, I have something in there;" he took it off my arm, and went away with it - I did not see any more of him; as soon as I had lost it I went home, and was in such an agitation I did not know what to do - my reticule contained a 5l. Bank note, a sixpence, some halfpence, a pocket handkerchief, and a purse - my brother is a grocer; I told him, and the next
Cross-examined by MR. DONNE. Q. You say you were agitated? A. Yes; I walked home - I remember meeting Mr. Suckling in Portland-place; I had been taking a little shrub and a little beer that evening; I am a servant, but was out of place, and living with my brother-in-law - I had been that evening to receive some of my wages, and had stopped with a servant who I knew; I do not recollect meeting a man with a cab, or asking him to take me home; I was not many minutes with the prisoner, but I can swear he is the man.
JAMES SUCKLING . About half-past eleven o'clock that night I was in Portland-place, and saw the prosecutrix crying - I asked her what was the matter; she said she had been robbed of her reticule by a Policeman, in Wimpole-street - I saw her home, and told two Policemen to hear what she said, as the charge was against one of their own body.
Cross-examined. Q. What are you? A. A grocer the prosecutrix was not drunk; she was collected; she was crying - she said she had taken some bread and cheese, and a glass of rum and shrub, which had made her ill when she got into the air - she said she had been with the Honourable Mrs. Lee's servants, at St. James'- she walked very well
JAMES WHISS (Police-constable D 86). The report of this robbery was given on the 8th of June, and a person was sent to the prisoner's house, to see if he was at home(he was at that time a Police-officer, and was on the beat in Wimpole-street); he was not at home - I was directed to go and wait till he came home; I waited in East-street, where he lived, and when I saw him I told him I must take him to the watch-house, which I did - the inspector told him he was charged with robbing a woman of a 5l. note and a reticule; he said he knew nothing of it; I searched him, and found this purse, which the prosecutrix claims, and he had a watch in it; I then found where the note had been cashed.
Cross-examined. Q. Did he at no time give an account of the property? A. Yes; he afterwards said he found it.
FRANCIS KIRKBY . I am servant to Mr. Barker, a butcher, in Dorset-street. On the Friday morning a woman, whom I had seen before, came and purchased a shoulder of mutton, and gave a 5l. note, which Mr. Barker gave her change for; it has been stopped at the Bank - the woman appeared at the office as the prisoner's wife.
Witnesses for the Defence.
THOMAS GOODLUCK . I am a master carman, and drive a cab. On the night of the 7th of June, about twenty minutes past eleven o'clock, I was out with my cab, and saw a female leaning against the shooting-gallery; she called "Cab" three or four times; I pulled up, and saw she was very much in liquor; I refused to take her - I saw ten or fifteen yards from her an umbrella, and either a reticule or a handkerchief by its side; I said to her,"Good woman, you don't want a cab; go take up your things, and go home" - I then went up Henrietta-street, and saw the Policeman; the prosecutrix is the woman I saw.
COURT. Q. Why did not you take her home? A. I asked her where she lived, and she said not far off.
COURT to JAMES SUCKLING. Q. Did she relate the story to you as she has done here to day? A. Almost word for word.
GUILTY . Aged 29. - Transported for Life .
Second London Jury, before Mr. Common Sergeant.
1516. WILLIAM HEATHWAITE was indicted for stealing, on the 20th of June , 4 handkerchiefs, value 20s.; 2 yards of ribbon, value 2s., and 1 gross of bone buttons, value 9d. , the goods of Samuel Riles .
JOSEPH PLOWMAN . I am assistant to Mr. Samuel Riles , of Skinner-street ; he is a linen and woollen-draper - the prisoner was in his employ. On the 20th of June, I was in Sea Coal-lane, opposite to Mr. Riles', and saw the prisoner come out of his premises, with a carpet bag; he went up Skinner-street, into a public-house - I followed him, and saw him come out in five minutes in company with another person, who then had the bag; I gave them both in charge - before the bag was opened, the officer asked the prisoner what was in it - he said, "Dirty linen;" he then asked if any thing else was in it - he then said some handkerchiefs belonging to Mr. Riles; he began to cry, and asked him to forgive him - I saw three coloured handkerchiefs, and a black one in the bag, which I can swear are Mr. Riles'.
MATTHEW WEBB . I am apprentice to Mr. Riles, of Skinner-street. I know this carpet-bag; it was in the use of the prisoner for some time, but I did not see it taken from him - he was in Mr. Riles' employ.
GUILTY . Aged 22. - Confined Three Months .
ALBINUS CARTER. I live at Camberwell, but my counting-house is in Water-lane. On the evening of the 18th of May I was crossing London bridge , and felt something touch my pocket; I turned, and saw the prisoner with a handkerchief in his hand, which I should presume, from the pattern, is mine I missed mine from my pocket.
Cross-examined by MR. DONNE. Q. Was the prisoner near you? A. Immediately I turned round I saw him; this was at the approach to London-bridge - I should say that this handkerchief is decidedly like mine, but it has not my initials; other persons might have touched me.
Prisoner's Defence. This gentleman looked at another
MR. CARTER. I am perfectly clear that he had it in his hand; there was another young man in company with him, and a friend who was walking with me, told him to be off.
NOT GUILTY .
EDWARD LAVER. I live in Bedford-street, Commercial-road, and am a cabinet and chair-maker . On the 16th of June I packed up the articles stated, and sent them by Michael Carty , to be shipped at a wharf - he came home, and made a complaint.
MICHAEL CARTY . On the 16th of June I was sent with the chair-bottoms and the canvas to Cotton's-wharf; I met a gentleman whom I did not know - he asked me to fetch him a coach, and said he would give me a shilling; I left the property with him, and went to get the coach - when I got the coach the goods and the man were gone; that was not the prisoner.
WILLIAM PLAISTOW . I am a constable of Aldgate ward. On the 16th of June the prisoner was brought in with this package; while he was there Carty came and produced the note, which corresponded with the property.
HENRY JONES . I am a porter, and live in Crutched-friars . On the 16th of June I was at my master's door, and saw the prisoner carrying this parcel on his shoulder, and four more persons following him; I had suspicion, and followed him to Tower-hill - I cried Stop thief! and he dropped the parcel in George-street, Tower-hill.
Cross-examined. Q. What time was it? A. About a quarter-past nine o'clock in the evening: it was not quite dark - I am sure of the prisoner's person.
COURT. Q. How long was it before you stopped him? A. About three minutes, and he was not one minute out of my sight.
EDWARD LAVER . This is the canvas and the hay in which the chair-bottoms were packed, but the Lord Mayor granted me the bottoms, as I had sent off the chair frames before - the bottoms were stuffed with hair.
Cross-examined. Q. Had they ever been put in chairs? A. Yes, and taken out again, and packed in this canvas.
Prisoner's Defence. Speer says he only lost sight of me for one minute, but he lost sight of me for five minutes- there were many persons running; I went up to the crowd, and they came and said, "Pick him out - he is the thief."
The prisoner received a good character.
GUILTY . Aged 19. - Confined Three Months .
THOMAS URRY . I live in Old-street, St. Luke's, and am a carver and gilder . On the 27th of May, between twelve and one o'clock at night, I met the prisoner in Skinner-street - I walked with her up a street leading to Farringdon-street; I then turned back, and found a sovereign was gone from my left-hand side pocket - I had felt it safe not more than three minutes before; I was with her for about a quarter of an hour - I had not been with any other person; I felt her pockets, but it was not there - I called the watchman, and she was taken to the watch-house; it then dropped from her, and she then said I had given it her with some halfpence - I had given her some halfpence, but they had been in another pocket.
Prisoner. Q. Did you not treat me with a galss of rum? A. Yes, and then I changed a sixpence; I gave you the halfpence, as you pressed me for them - you then wanted me to give you some more, and to go home with you; I am sure the sovereign was not given to her.
Prisoner. I was not searched; I put my hand into my pocket, and pulled out the sovereign, a latch-key, and about 4d.
WILLIAM HOWELL . I am a constable. The prisoner was brought in; I took her into a back room, to search her - she put her hand behind her, and made a rush past me, to give the sovereign to the prosecutor, who had followed me in; I caught her hand, and the sovereign fell on the floor - I cannot tell where she took it from; she said she found it in a corner of her pocket.
The prisoner put in a written Defence, stating that the prosecutor had given her a sovereign among the halfpence, which she was not aware of till she got to the watchouse.
NOT GUILTY .
JOSIAH RIDPATH . I am warehouseman to Mr. John Hancock , of Bread-street-hill ; he is a wholesale grocer , and carries on business in the firm of Hancock, and Co. On the 30th of May, the prisoner came there, and produced this paper; I asked him if it was the best juice Mr. Castell wished for - he said Yes, he wanted to send it into the country; I desired it to he packed up, and gave it to him- it is worth 1l. 16s. 3d.; Mr. John Castell, of No. 44, Princes-street, is a customer of ours - the prisoner came again on the 14th of June, and was detained - (order read.)
I do not know who W. Smith is; I gave credit to Mr. John Castell, - I am sure the prisoner is the person who brought the order.
Prisoner. He is quite in an error; there are more persons than one alike. Witness. You are the person.
JOHN CASTELL . I live at No. 44, Princes-street, Leicester-square, and am a wholesale confectioner. I do not know the prisoner; I had a William Smith in my employ, but he had left me six weeks or two months before that - this order was not sent by my authority; I use Italian juice
Prisoner's Defence. I did not write it; I was merely given it as a porter, by a man, to go and receive the goods- I was not aware of the crime; it was not my intention to defraud the party - I did not know whether it was right or wrong; I gave the goods to the man - I know nothing of him.
GUILTY . Aged 23. - Transported for Seven Years .
JOSEPH LITLLE . On the 16th of June, about seven o'clock in the evening, I was in Leadenhall-street ; the officer asked me if I had lost a handkerchief - I felt, and missed it; I went to the watch-house, and found my handkerchief on the prisoner's person.
JAMES CULPECK . I am a watchman of Aldgate. I was coming on duty on the evening in question; I saw the prisoner following the prosecutor - at the corner of Houndsditch he drew the corner of his handkerchief out of his pocket; he then went on further, and drew it quite out -I took him with it in his trousers.(Property produced and sworn to.)
GUILTY . Aged 13. - Confined Ten Days .
GEORGE EVITT. I live in Bedford-place, Old Kent-road . On the 10th of May I had twenty-four pigeons, and I lost twenty-two that night; I saw the prisoner at Leadenhall-market, on the following morning, where he had been stopped - he had seven of my pigeons, which I could swear to; I had lost them about eight hours before, and told Mr. Baker to stop any person who might have them.
Prisoner. I was employed to sell them by a young man as I was passing St. George's-church; the gentleman said they were stolen - I said the person I had them from was outside, and I would show him to him. Witness. He said he got them of a young man who lived in that street, but I did not go to him, as I knew it was of no use: my premises are three miles from Leadenhall-market - I do not know how the prisoner gets his living, but I think not by selling poultry; he said several times he would show me the person he had them of, but I could not leave him.
SAMUEL BAKER . On the 11th of May the prisoner came to my shop in Leadenhall-market, about ten or eleven o'clock in the morning, and offered some pigeons for sale; I had just before seen the prosecutor, who desired me to stop any person who brought pigeons, and I stopped the prisoner.(Property produced and sworn to.)
The prisoner received a good character.
GUILTY. Aged 19.
Recommended to Mercy by the Jury - Confined 3 Months .
RICHARD HENRY POULTON . I am a carpet-dealer , and live in Bishopsgate-street. On the 26th of May, about two o'clock in the morning, I was passing under the piazza at the north side of the Royal Exchange , I felt something at my left coat pocket; I turned, and saw the prisoner in the act of putting his hat on, with my handkerchief in it -I took hold of him with my left hand, and took his hat with my right; this is the handkerchief.
The prisoner received a good character.
GUILTY . Aged 17. - Confined Three Months .
EDWARD HODGES . I live in Leonard-street, Finsbury. On the night of the 18th of June I was in Cheapside, and saw the prisoner stoop down and take a pair of boots from Mr. Foster's shop; I laid hold of him, and took him into the shop; my sister took up the boots, and took them into the shop.
GUILTY . Aged 18. - Confined Ten Days .
ELIZABETH DOUGLAS . I am servant to Mr. Woodhill, of St. Paul's church-yard . On the 23rd of May I saw the prisoner and some others standing together, about a quarter before ten o'clock at night, lurking about; the prisoner passed on, and picked the prosecutor's pocket; he took up the tail of his coat, took out the handkerchief, and gave it to another, who ran away with it - I told the prosecutor, and he pursued the one who ran off; I held the prisoner till he returned.
Prisoner. Q. What sort of a handkerchief was it? A. A silk handkerchief; the prosecutor brought it back in his hand.
Prisoner. I had another handkerchief in my hand, and she said that was it. Witness. No, I did not; I saw you pass the prosecutor's handkerchief to another person, who ran off with it.
GEORGE DEUDNEY . I am a coal-merchant . I was in St. Paul's church-yard - Mr. Douglas told me the prisoner had picked my pocket, and given my handkerchief to another - I pursued the other, and saw him drop my handkerchief, which I took up; when I came back she had the prisoner in custody.
Prisoner's Defence. I never had the handkerchief, nor saw it till it was before the Alderman - I was returning from Ratcliff-highway, and saw a mob; I went up, and this woman laid hold of my collar - she accused me of
GUILTY . Aged 18. - Transported for Fourteen Years .
JOSEPH BAILEY. I am a warehouseman , and live in Skinner-street, Snow-hill. On the night of the 28th of June, about ten o'clock, I was at the corner of Fan-street, in Aldersgate-street ; I wanted to use my handkerchief, and missed it - I turned and saw the prisoner between two others - they were attempting to escape - I seized the prisoner, and took him to the watch-house; I saw the officer take my handkerchief from his breast - this is it.
GUILTY . Aged 16. - Transported for Seven Years .
SAMUEL WARD . I am a news-vender , and live in Peahen-court - the prisoner was in my employ for ten months, to carry out newspapers , and to receive money. On the 11th of May he did not account to me for 16s. 3d., received from Mr. Castelli.
Cross-examined by MR. DONNE. Q. I believe he had conducted himself in a very satisfactory manner? A. Yes, so much so, that I had entrusted him with a very important walk - he had six or seven other bills to receive, but he made various excuses; he had twelve or fifteen bills on the 5th of May, but I have no recollection of receiving above 1s. that morning - in the afternoon I believe he brought me in 10s. or 12s. from different persons; I was not present when he was taken, but he told the officer he had lost as much as 11l. out of his pocket; but he never received more than half that at any one time.
COURT. Q. Had he stated to you that he had lost it? A. No; he ran away on the 14th of May - I told the Magistrate he had been very careless for a few weeks, and I wished him to have some punishment for it.
Prisoner's Defence. I was robbed of the money, on the 11th of May, at the corner of Cutler-street and Petticoat-lane.
The prisoner received an excellent character.
GUILTY. Aged 19.
Recommended to Mercy by the Jury . - Confined 3 Months .
OLD COURT. SATURDAY, JULY 7.
Third Middlesex Jury, before Mr. Sergeant Arabin.
REV. VERE ISHAM. I reside in Northamptonshire. On the 26th of June I was at the Review, in Hyde-park , and had a watch and seals - I did not feel them taken, but a person gave me information; I felt, and it was gone - the prisoner was pointed out about a yard from me.
JOHN KENT . I am a Police-officer. I was on duty in the park, in plain clothes, and saw the prisoner with his arm up at the prosecutor's breast; I went up, and saw him draw this watch out - I took hold of his collar with one hand, and took the watch from him with the other; my brother officer went and told the prosecutor - I asked the prisoner at the office if any body was in company with him; he said No, and that distress drove him to it; I think he was alone - he took the watch quite in style.(Property produced and sworn to.)
GUILTY . Aged 19. - Transported for Life .
1529. WILLIAM WRIGHT and THOMAS STEVENS were indicted for breaking and entering the dwelling-house of Hannah Herbert , on the 30th of June, and stealing 1 telescope, value 25s., and two pairs of shoes, value 3s., the goods of Thomas Gibson .
ESTHER GIBSON . I am the wife of Thomas Gibson , and am servant to Hannah Herbert , of Portland-road, Regent's-park ; my mistress gave my husband leave to be in the house - I have been in her service twenty years. On the 29th of June my husband went out; he returned about a quarter past eleven o'clock - mistress had gone to bed then, and was offered at his being out late; he went down into the kitchen, and fell asleep in a chair; I went to bed in the garret, leaving him in the kitchen, not wishing to disturb my mistress - feeling uneasy about him, I got up a little before one o'clock, and on looking through the garret window, without opening it, I saw a man on the leads which cover the kitchen; I saw him go down the area steps - I went to listen over the bannister, but heard nothing; I went down stairs, and found all the doors fast, as I had left them; I looked through the key-hole of the outer kitchen door; I saw a light in the kitchen - this was not the kitchen I had left my husband in; the light moved in different directions, and at last came directly opposite the key-hole - I heard different voices whispering; I immediately ran to mistress' bed-room - I did not awaken my husband, as he was deaf; I sprung the rattle out of mistress' window, and immediately the light through the sky-light disappeared - I saw one man run up the area steps, and get over the wall to No. 7, and then to No. 8, on the left; I did not look to my right; the Policeman came and took one man, getting over the wall of the adjoining premises, and the other in the garden - I think there were more than two men in the house; I went down, and let the policeman in; I missed a telescope, a pair of shoes of mine, and a pair of my husband's, from the outer kitchen; three strange shoes were found in the kitchen - I had fastened the outer gate, which leads to the road, with an iron bar.
Cross-examined by MR. PHILLIPS. Q. How could they get into the kitchen? A. One of the doors was not fast
JOHN LEEWORTHY . I am a Policeman. About a quarter past one o'clock I heard the rattle spring, and saw the witness at the window; in consequence of what she said, I went to Nos. 7 and 8, but I found nobody there - I then went to the next premises, which are No. 1, Devonshire-street; I there found Wright concealed between a tree and the wall, standing upright, without any shoes on: he said nothing; I took him to the station, returned to the premises, and found a crow-bar on the kitchen dresser: and in the garden of No. 6, I found a shoe; on the spot where I apprehended him I found a knife; Old picked up four skeleton-keys and three centre-bits on that spot - Mrs. Gibson gave me another shoe and a cloak; Wright claimed the shoes next morning.
Cross-examined. Q. Did you see Gibson's husband? A. Yes, he was awake when I went in.
JOHN OLD . I am a Policeman. I heard a rattle spring, and saw Stevens come over the wall of No. 1, Devonshire-street, with this pair of shoes in his hand; he put them on the ground and put them on his feet: I caught him in my arms as he came on the ground, and asked what he did over there - he denied having been over, but I saw him come over; I took him to the station, returned, and found a cloak and centre-bit on the premises No. 6 - and these keys where Wright was taken.
WRIGHT - GUILTY. Aged 23.
STEVENS - GUILTY. Aged 30.
Of stealing only . - Transported for Seven Years .
Before Mr. Justice Gazelee.
The child in question, was found alive in the cesspool of a privy - the explanation given by the prisoner was, that she had been suddenly delivered when there; the particulars of the case it is presumed are best omitted.
NOT GUILTY .
MESSRS. ADOLPHUS and CLARKSON conducted the prosecution.
ANN CARTER . I am the wife of William Carter , and live in Unicorn-yard, St. Pancras . Ann Sheen and her husband lodged with us there; I sleep in the middle-room on the first floor - Sheen and his wife slept on the same floor; a thin wainscot parts their room from mine - we cannot speak without hearing each other - I know the prisoner; he did not lodge in my house - I have known the deceased for years; she went by the name of Mary Sullivan . On Saturday night, the 6th of May, I went to bed a few minutes past twelve o'clock; Sheen and the prisoner were not in the room when I went to bed; I had known them a long time, and was well acquainted with their voices - I was awoke in the morning (I think it was after two o'clock) by a skirmish and great fright, and screams of murder - the screams were in Mary Sullivan 's voice; I heard her begging very hard for mercy, and saying to the prisoner"If you hit me any more, or kick me any more, you will kill me."
Q. Did she say hit or kick? A. Both; I was so frightened, I thought the place would fall in; they appeared up in arms together; she was screaming and begging for mercy.
Q. Did you hear any sounds proceeding from blows? A. Yes; I should think he was hitting her, or she would not scream like that; I heard her get out into the passage, and begged my husband to get up and get a Policeman; I heard her say in the passage "You b - y w - 's son, you had better come out, and finish me; and murder me, as you did your first wife, and honest little girl;" upon which Sullivan said, "Did I;" I do not know whether he hit her or not, but her screams were then dreadful; she then ran down as if the stairs would fall from under her: she screamed violently at the foot of the stairs, and I saw no more of her till the following day, after dinner - she then complained of being ill - I went into their room about halfpast ten o'clock on Sunday morning, and perceived a good deal of blood about the floor - I saw none about the wall; the deceased was not there then.
Cross-examined by MR. BARRY. Q. Had you known her long? A. Several years; at times both the prisoner and her used to get very tipsy - I did not see her on the night in question; I only knew her voice - she did not fall down the stairs - for I heard her run down every stair.
Q. Did she, on a subsequent day, carry her bedstead and bedding to Sheehy's house? A. I did not see her.
JURY. Q. Did Sullivan run down stairs after her? A. I think so, but cannot be certain; when she got to the foot of the stairs she screamed dreadfully - there never was a more quiet man than the prisoner, when sober; he was kind and affectionate.
COURT. Q. Did you state to the Coroner that she said"If you kick me again you will kill me?" A. Yes.
ANN SHEEHY . I am the wife of Morgan Sheehy - I live at No. 1, Union-yard, on the first floor; Sullivan and his wife came in to my lodging between one and two o'clock - he came first, and his wife about five minutes after; they were both the worse for liquor - but he appeared the most sober; they got their living by selling things in the street - they appeared comfortable for some time, and then she seemed to say he had gone into his sister's house, and spent the money there; he said he had not - she used very bad language - called him a wh - 's son, and said he went into his sister's house and spent the money they wanted at home - he did not answer her much, but said he would not live with her any longer; she said he need not live with her, while he could go and live with his sister, as he had done before - we then saw it was jealousy; he stood up and struck her with his open hand on both sides of the head - he hit her two blows, and her tooth went into her lip; she held her head down, and let the blood drop from her upon the floor - she was sitting on a market sieve; she crawled
Q. Do you mean to state, that from the time he pulled her from under the bed, till he went away with your husband, he did not strike or kick her? A. No.
Q. Did she call murder? A. She hallooed murder, and every thing which come to her mouth.
Q. What did she call murder about? A. She did not halloo murder - I took no particular notice of it, if she did; I heard her say nothing about his hitting or kicking her - she did not leave the room while the prisoner was there, nor go down stairs till she went with me; Carter sleeps in the next room - there is a small thin partition between them, and we can hear what passes in their room; my husband took the prisoner away - but he was doing nothing to the woman; we wished to have our place clear - after my husband and the prisoner were gone, the deceased went and sat on my stairs, and began to cry; I said, "Mary, don't kick up a row at this time of night - the neighbours will think it is me; but let us go out and meet him, and you can both go home together;" we went into Broad-street, and met the prisoner coming out of an eating-house - this was about four o'clock in the morning; she said she would not speak to him, nor see him: she wished me good night, and went along home; she lived in the Old Bailey - on the Sunday morning, she came to me about twelve o'clock; I gave her permission to move her things to my place till she could get a place of her own - she took a place in Milford-place, Tottenham-court-road, and moved her things there herself on the Monday; and on the following Friday she was taken ill, and sent for me - when I got there, she could not speak, but she made signs of having a pain in her chest; I afterwards saw her at St. Pancras workhouse, dead.
Cross-examined by MR. BARRY. Q. What furniture did she bring to your place? A. Two beds, a table, chair, bed-clothes, and two kettles - she brought a bedstead on the Tuesday; they were very weighty, and as much as a man could carry - she was quite exhausted; she had been unwell last winter, and complained of a complaint in her said - she had been troubled with a liver and a bowel complaint; I have known the prisoner three years - he was the most affectionate husband I ever knew; if ever he had a sixpence, he always brought it her - she called his sister a wh-e, and told him to go and spend his money among his wh - es; I do not recollect her falling in the room.
MORGAN SHEEHY. The prisoner came to my house, as near as I can guess, between twelve and one o'clock, on Saturday night; I was sitting up in bed with my two children - the deceased came in about four or five minutes after the prisoner; they seemed quite peaceable at first, but afterwards great words occurred from her, saying that he spent his money at his sisters - she began the words; she sat by the side of my bed, on a sieve - he got up, and gave her two slaps on both sides of the head; I cannot say whether his hand was open or shut - I did not see any blood at that time, but I did soon afterwards; after receiving the slaps she turned herself off her seat, and got under the bed- the prisoner sat on the other side by the fire; he was not drunk, but had had something - he knew what he was doing; she was worse than him - he moved from where he sat, and saw her under the bed, he got up, and pulled her out by the leg.
Q. After she crawled under the bed, had she said or done any thing to him? A. I never heard her speak a word- when he pulled her out, my wife ran between them; I jumped out of bed, and cannot say what my wife did, but I pulled him on the bed - I did not see him give her any blow nor kicks; I saw nothing but the two slaps - she was crying out, but I cannot say what she screamed, if I was to die this moment; I heard no cry of Murder! nor a word about his hitting or kicking her - she did not leave the room at any time; there were no cries of Murder! in the passage - I cannot hear in my room what passes in Carter's; the rooms are separated by thin boards - I saw the deceased spit blood as she sat on the sieve near my bed, but cannot say whether it was before or after he drew her from under the bed, as she sat on the sieve again when my wife separated them; she called him names, and used shameful language about his sleeping with his sister - I cannot say whether that was before or after he pulled her from under the bed; I left the room with the prisoner, leaving the deceased and my wife there; this was about half-past two o'clock - I went to Broad-street, St. Giles', with the prisoner; he lived somewhere in the City.
Cross-examined. Q. Had you been long in bed before they came to your room? A. Three or four minutes; it was the deceased that used the provoking language - I heard the prisoner use none, except about his leaving her; he appeared desirous of being peaceable and kind to her- they always seemed very comfortable together.
ELLEN DONOGHUE . I live at No. 19, Pancras-street, Tottenham-court-road, I was called in to nurse the deceased on Friday, the 11th of May, at her lodgings, in Milford-place; she was laying in the corner of the room, in a very bad state - there was a lump on her left side, near the hip; it did not appear very black - it was swollen about the size of an egg; she said she was a gone woman on the Friday evening, when I went - she asked me on Saturday to go to the workhouse for a doctor, and said she never should recover, she thought she should die.
Q. Did you judge from her conversation, that she expected to die almost immediately? A. Yes, she said so twice; she was removed to St. Pancras workhouse on the Monday following - I did not attend her afterwards; I saw her dead on the Thursday following - I saw her on the Sunday at her lodgings, about one o'clock; she was worse then than on Saturday, and said if I had got her into the workhouse on the Saturday, she should not have been alive then, and she never should recover, and I thought that probable; she was considerably worse than on Friday.
RICHARD DUCK EASTCOTT . I am a surgeon. On the 14th of May, about six o'clock in the evening, I saw the deceased at the infirmary of St. Pancras workhouse; she was exceedingly ill - I thought her not very far removed from death; she told me she was done for - she said, "You
Q. Could she be seriously injured by a blow or kick in the belly, without the appearance of external injury? A. I think undoubtedly she might; she died the next day, and I opened her body; I found very extensive inflammation of the pertoneal cord of the bowels - the liver presented an appearance of long standing disease; it had evidently been affected by chronic inflammation - there was a collection of serum in the abdomen, and an enlargement of the uteras; some degree of inflammation on the pertorneal coat of the uteras, and a tumor in the womb, about the size of a large orange - it was a chronic disease of the uteras, which I think would predispose the subject to inflammation, which would undoubtedly be excited by external injury; I attribute her death to inflammation of the bowels- I cannot say how it was produced; a kick in the belly might create the inflammation; it depends entirely on the degree of force - it might have arisen from many other causes.
COURT. Q. Can you form any judgment how long the inflammation had continued? A. I should think it must have existed a week or more - it is very uncertain; I should think inflammation might have arisen from a blow which caused the lump Donoghue describes.
ELLEN DONOGHUE. On the Sunday after she told me that if she had been in the workhouse she should have been dead, she laid in the corner of the room; I said, "Mary, you had better let me put you on the bed, and let your son lay on that bed;" I lifted her up - she screamed out, and said I had laid her on her side; I asked her to let me see her side, which she did, and I saw the lump; I asked what had caused it; she said at the time Sullivan pulled her from under the bed, he gave her a kick, and that was the cause of it.
Cross-examined. Q. Are you married? A. No, I live with my father - he maintains me; I never went by the name of Lake; I had known the deceased about three years, and knew the prisoner - I never quarrelled with him - I have no ill-will towards him.
MR. BARRY to MR. EASTCOTT. Q. From the post mortem examination, I take it for granted there was considerable disease? A. There was chronic inflammation and acute inflammation - I cannot swear of what standing the acute inflammation was, but suppose it must be within ten days or a fortnight - I could swear it had existed less than a month; drinking ardent spirits would render her exceedingly susceptible of inflammation, and a slight injury would produce it - I saw no external mark of injury; if she had fallen against a projecting substance, in a state of intoxication, it might produce inflammation, particularly as the chronic inflammation existed before - I should expect if the external injury had been of a very violent nature, there would have been some contusion, but I do not think it absolutely necessary - the belly of all parts is the least likely to show inflammation; it might have been caused by a comparatively slight injury; kicks and blows generally leave marks; the tumor was on the middle of the belly - I saw no external tumor.
COURT. Q. Is it possible that an external tumor should have existed on Friday, and you see no trace of it on Monday? A. I should think it quite impossible - there would have been some marks; I should think the tumor on the uteras was of three or four years standing - I think that predisposed her to inflammation.
MR. ADOLPHUS. Q. Then would a slighter injury produce fatal effects than if the body had been perfectly healthy? A. Undoubtedly.
Q. Did you examine with a view to find an external tumor? A. I looked at her body generally, but had received no information as to any tumor - I pointed out the body to Dr. Roots.
HENRY S. ROOTS , ESQ., M. D. I live in Guildford-street. I went in accidentally to the dead-house, and saw body, which Mr. Eastcott pointed out - I watched the progress of the post mortem examination; there was a very active inflammation of the whole of the membrane, covering the bowels and the different viscera - there was a considerable effusion of watery fluid, mixed with flakes of lymph; the liver was obscured, and changed in its structure; what is called a nutmeg liver, which is very common with drunkards; the uteras was enlarged, and was just rising above the pelvis; it was about the size of a cricket-ball, or large orange - the external seat of the uterus was inflamed, and the kidney; I attribute her death to the inflammation covering the bowels and the whole of the viscera.
Q. In your judgment would a kick in the belly from the shoe of a man, about a week before, be likely to produce the inflammation in the bowels? A. I conceive it possible; but having so frequently seen the same appearance arising without any injury, and not knowing of any injury at the time, I was perfectly satisfied her death took place from natural causes; a kick on the 6th of May would be very likely to produce the inflammation - I conceive she must have been suffering under inflammation for a long time, more particularly the part covering the uteras and liver - dram-drinking, or exposure to cold, is very likely to produce the same effect.
WILLIAM MAY (Police-constable E 61.) I apprehended the prisoner on the 15th of May, at No. 18, Pancras-street - I told him his wife was laying dead at the hospital; he asked what I was going to do with him - I said he was going to Hatton-garden; he said he should be sure to go to Newgate, for he always thought he should be hung for it.
Prisoner's Defence (written.) My Lords and Gentlemen, -The deceased and I had cohabited together under promise of mutual support and comfort to each other three years; we never were married - during the period of our intercourse I trust, I have shown that I always treated her with every kindness and attention; I had been very ill for six weeks previous to the melancholy catastrophe, on which evening I was very poorly indeed; the deceased and I had words, because I would not indulge her that night in her propensity to drink - she had by some means obtained it; I left her at my sister's, and went to New Inn-yard - the deceased followed; irritated at her shocking reflections of an unnatural kind, as regarded my sister and myself, I struck her - I gave her two or three slaps on the face; I went
NOT GUILTY .
Before Mr. Justice James Parke.
1532. JAMES CROUCH was indicted for breaking and entering the dwelling-house of Martha Gann , on the 15th of June , and stealing 3 silver spoons, value 6s.; 1 toothpick-case, value 1s.; 1 ink-bottle, value 6d.; 1 brass cock, value 1s.; 1 button, value 1d.; 1 necklace, value 1d.; 1 thimble, value 1d.; 1 smelling-bottle, value 6d.; 1 rule, value 4d.; 1 pair of sugar-tongs, value 1s., and 2 knives, value 6d., her property .
ELIZABETH GANN . I am the daughter of Martha Gann, who lives at Hackney, in Fletcher's-court - she left the house, and came to see me at Lambeth, about the end of January, and while visiting me she was taken ill - she does not lives at Hackney now; I was there when she left the house, and am sure it was all fastened up - I tried the doors and windows myself: her furniture was all left safe - I went there again on Friday, the 15th of June, in consequence of information, and found the door unlocked - the lock was forced back; it was on the latch, and could be opened outside - I missed the articles stated in the indictment; a box in the house had been forced open by a screw-driver.
JOHN CAREY . I am a Policeman. On the 13th of June I was at Hackney, and saw the prisoner with a silver toothpick: I asked where he got it - he said he found it opposite the Black Boy, at seven o'clock in the morning - that is just opposite Fletcher's-row; he asked 6d. for it -I saw the ink-bottle sticking out of his trousers pocket; I took it out, and asked where he got it - he said he gave 2d. for it to a charity-school boy; I asked if he could produce the boy - he said Yes, but afterwards said he was gone into the country, hay-making; I asked if he had any thing else in his possession - he said No: I put my hand into his pocket, and found this brass cock - he said he found that on the 12th of June, in the back lane, Hackney- I found a mother-o'-pearl button in his pocket, which he said was given to him.
GEORGE DANIEL GRAY . I am a Policeman I was at Hackney on the 13th of June, and saw the prisoner holding up a blue necklace in his hand, as if for sale; I asked where he got it; he said he had just picked it off the pavement on Hackney-terrace - he left it with me.
MARY BRIDGES . I live in Well-street, Hackney. On the 13th of June I was in a green-shop, and saw the prisoner in the street, with this thimble; he asked 2d. for it, which I gave him - I asked where he got it; he said he had found it in the dust in the brick-field.
WILLIAM GILLET . I am a Policeman. On the 15th of June I went to the prosecutrix's house in Fletcher-row, and found the street door open; the lock had been wrenched back by some instrument.(Property produced and sworn to.)
Prisoner's Defence. The door was left open; it was a temptation to any body to go in to lodge for the night, and I found the house full of goods.
GUILTY of stealing only . Aged 19.
Transported for Seven Years .
Before Mr. Justice Gaselee.
1533. THOMAS WEBB was indicted for stealing, on the 27th of June , 1 tin box, value 7s.; 3 sovereigns, 1 half-sovereign, and one 100l. Bank note, the property of Thomas George Fletcher , in his dwelling-house .
THOMAS GEORGE FLETCHER . I am a butcher , and live in Bedford-street, Commercial-road . On the 27th of June, about two o'clock in the afternoon, I was at dinner in the room behind the shop; the prisoner came to the parlour door, touched his hat, and asked if I knew any body who wanted a young man - I was surprised to see him, as he was not dressed like a butcher; my lad came in at the same time, and said, "You have taken my master's cash-box;" I then went into the shop, collared him, and saw my cash-box on a board under the desk in the shop - he resisted, and said he did not take it, then went on his knees, and begged me to forgive him; my box had been moved out of my desk, and placed on the board; it was locked, and nothing taken out of it - it contained a 100l. note, three sovereigns, and a half-sovereign; I had left it in the desk, which was open.
JAMES GILES . I am sixteen years old, and am servant to Mr. Fletcher. Master sent me out; I left nobody in the shop - I returned in about five minutes, and saw the prisoner up at the further corner of the shop, where the desk was; as soon as he saw me come into the shop he placed something down on the board under the desk; I could not see what it was, as he stood before it; he then threw a handkerchief over it - I took a loaf into the room, which I had been to fetch; I turned my head, and saw the end of the cash-box under the handkerchief; I said he had got my master's cash-box - he then took the handkerchief off, came to the door, put his hand to his hat, and asked master if he knew any body who wanted a young man; I told master what he had taken - he got up, and collared him: the box was not on the board when I went out; it was kept in the desk.
Prisoner. Q. Was not I away from the desk when you came into the shop? A. No, he was against the desk.
JAMES MURPHY . I am a Policeman. I was sent for, and found the prisoner in the act of imploring forgiveness; he went on his knees, and said he would do so no more if Mr. Fletcher would forgive him - he attempted to strangle himself in the watch-house, and was obliged to be bled to restore life.
Prisoner's Defence. I was looking for a situation, and went into this shop to make inquiry; the boy came in - the box stood on the block, but I took no notice of it; the boy said I had stolen it, and his master collared me - I had not touched it.
MR. FLETCHER. Here is the box - I have taken the note out, and paid it away to Mr. Hill in Smithfield; the
JURY. Q. Have you any proof that the 100l. note was in it? A. I opened it at the office - I am sure it was in it.
GUILTY of stealing under the value of 5l. Aged 18.
Transported for Seven Years .
Before Mr. Justice James Parke.
WILLIAM PITT. I live in Swallow-street, Bethnalgreen , with my father, John Pitt ; it is his house. On the 2nd of June I was at work in the house, and the prisoner applied to me to have the stone of a seal engraved - he left it, and was to call in the evening to say if he would have it done; he came at seven o'clock - I was in the shop, and had a watch on the bench, near me; he stood there about five minutes, and left the stone to be engraved; he was to call on Monday for it, but I never saw him again till the 16th, when I gave him in charge; I missed the watch two minutes after he left - I had seen it there while he was in the room; it was a duplex escapement silver watch, with a seal to it, and worth 12l. - my brother Edward and my father were also in the room when the prisoner came; I have not seen it since.
EDWARD PITT . I was with my brother in the evening when the prisoner called - I saw the watch on my brother's workboard two minutes before he came, and missed it about two minutes after he left; my father was at the same workbench with me, and did not leave it before the watch was missing; we were on one side of the room, and the prisoner on the other.
JURY. Q. Was the prisoner near the watch? A. Not while speaking to my brother, but he saw a roasting-jack on the other side of the room, and went to look at it - he asked if my father repaired such things; he went close against the bench where the watch was, and must have taken it then.
The prisoner put in a written Defence, deelaring his innocence, and stating that the prosecutor's father had refused to give evidence in the case.
WILLIAM PITT. When I discovered the loss I went after the prisoner, but could not find him.
GUILTY of stealing, but not in the dwelling-house .
Aged 22. - Transported for Seven Years .
First London Jury, before Mr. Recorder.
JAMES JUDD . I live in Addle-street, and am a porter; my son Thomas was nearly six months old. On the 24th of May, at nine o'clock in the morning, I left him in his mother's care, in good health; I saw him at a quarter to eleven that morning, very much injured; he died the following night - my wife took the child every day to Vincent-court, where her mother lives; children used to play about there very much - it is a small court, and people used to dry their linen there; there is a wall nearly eight feet high opposite my mother-in-law's window; the prisoner lived on the second floor of the same house.
JANE FOWLER . I live on the ground floor, in Vincent-court ; this child was my grandson - the prisoner occupied the second floor; there are three inhabited houses in the court, and several children, who generally play in the court before my door. My daughter brought the child to me about half-past nine o'clock in the morning; she had been hanging out linen, and I had the child in my arms about ten o'clock in the morning; I was just at the line the clothes hung on, which is about six yards from the house - I was walking across the court, from my door to the line; I heard no alarm from above, but a box came out of the second floor window, and knocked the child out of my arms to some distance - I went, and took it up; it appeared to be dead; I ran into the passage with it, and sat down on a step of the stairs; the prisoner came running down the stairs in less than a minute - I told her she had killed the child; she said nothing that I recollect, except, "Oh, dear! oh, dear!" or something, I do not recollect what, I was so agitated - I ran off to the doctor's with it; I do not recollect whether she made any other answer, for I did not stay a moment with her, but took the child to Mr. Davis', in Wood-street - I took it from there to Mr. Powell's; I never saw the prisoner again till about one o'clock - I then told her she had killed the child, but cannot tell whether she said any thing - she had lived in the court since January; she must have seen linen hanging there to dry, and children playing about - the child was struck on the back of the head; it was an empty box.
Cross-examined by MR. PHILLIPS. Q. She could not have had any quarrel with so young a child? A. No; I do not know whether she is near her confinement - she has told me she was in the family way; I do not know whether, when I told her she had killed the child, she said, "Oh, dear," or not - she said something; she pretended to be sorry, but whether she was I cannot say.
FRANCIS ROGERS . I am twelve years old, and live in Vincent-court, and used to play with children in the court frequently; I went out to fasten the shutters, and saw Mrs. Fowler with the child in her arms - I saw nobody at the prisoner's window, but saw the box come out of it, it hit the baby on its head and knocked it out of Mrs. Fowler's arms - I did not hear any alarm given from the window - the prisoner came down a few minutes after Mrs. Fowler had gone to the doctor's; I had not seen her speak to Mrs. Fowler - I live next door; my mother came out, and sent me in - I was five or six yards from the box, when it fell; when the prisoner came down she was going up into Mrs. Morgan's room - she laid her hand on my shoulder and said, "Oh, my God, I have thrown the box on the child's head;" Fowler was then gone to the doctor's.
Cross-examined. Q. Did not she seem to be sorry for it? A. Yes; Mrs. Fowler had gone away to the doctor's before the prisoner came down, I am quite sure of that.
Q. Perhaps you can tell whether, when the box fell on the child, there was any woman in the court, that could see any thing? A. No, there was not, I am sure, nor was there any standing at the doors.
MRS. FOWLER. That is the box - I kept it in my house till the officer had it - it came out of the window forwards. an if force had been used to drive it out.
MR. PHILLIPS. Q. You heard Rogers examined? A. Yes - I saw the box fall in a circular way over my head; I did not see Rogers - I ran into the passage with the child, and the prisoner came down the stairs.
Prisoner's Defence. It was an accident; I am innocent.
MARY JONES. I am a widow, and know the prisoner. I saw her kissing and fondling the child five minutes before this happened.
GUILTY. Aged 20.
Strongly recommended to Mercy - Confined One Month .
MR. CURWOOD conducted the prosecution.
FREDERICK ROBARTS . I am a proctor of Docters'-commons, and was proctor for Mr. Knight, in a suit, instituted by Thomas Rose , in the Ecclesiastical Court . Here are the proceedings in the cause; this is the libel - it was for the defamation of Rose's wife's character; it is necessary to hand over to the opposite parties a list of the witnesses, who are to prove the several allegations, before they are examined, in order that the party may have an opportunity of inquiring into their characters - here is a list of witnesses which I received from Rose himself, as witnesses to be examined on his wife's part - among these names there is "Harry Child, No. 24, Noble-street, Spafields;" I had reason to suspect Harry Child would be personated - on the 4th of June the prisoner presented himself in Court, and was sworn as Harry Child , of 24, Noble-street, Wilmington-square, Spafields; that is stated in the deposition, which is signed - I did not see the prisoner sign it, but he is the person who called himself Harry Child.
JAMES HESSELTINE BAYFORD . I am an examiner of the Ecclesiastical Court; Dr. William Robinson acts as surrogate. I have the deposition of Harry Child - the prisoner is the person who appeared as Harry Child; he signed the deposition in my presence - he acknowledged his name and hand-writing before Dr. Robinson; the oath was, that he should speak the truth - he was then examined, and signed his deposition; it is taken to the surrogate, and then he repeats it before another surrogate- that was done; he was sworn before Dr. Robinson, and repeated his deposition before Dr. Adams; I wrote the deposition myself, and he signed it.
Part of the deposition was here read, as follows:- "The first person I saw, when I entered the church (St. Martin's church), was the said Mrs. Sarah Lewis - she was standing in the side aisle, on the left-hand, near the altar - I also saw a young man, named Townsend, and his wife, who I had not seen for some time before; I cannot say where he now lives - he is a silver-plater, and used to live in Goswell-road; Mr. and Mrs. Rose were also there - they were being married when I entered the church, and as soon as their marriage was over, I left the church; the marriage was performed at the altar, by a person habited as a clergyman of the church of England; S. Lewis took no part in the ceremony, but stood in the aisle - I came away without speaking to Lewis, or Mr. and Mrs. Rose; I walked to the church out of curiosity, to see Rose's wife - she had her sideface towards me, when she was being married; the marriage was on the 25th of September, 1831 - at the time the marriage took place I lived at my present place, Noble-street.
HARRY CHILD . I lived at No. 24, Noble-street, Wilmington-square, Spafields; I left London on the 23rd of May, and was absent till the Sunday following - immediately on my return I left that house; it was my residence on the 23rd of May - I returned there on the 27th; the landlady is a widow - I never knew any other Harry Child ; I have known the prisoner many years - his name is Throp; the signature to this deposition is not my handwriting - I never saw it before - I do not know the handwriting; I never asked the prisoner to appear as a witness in the Ecclesiastical Court - I knew Rose; about six months ago I met the prisoner in Wilmington-square; he told me he lived in the neighbourhood, but I forget in what street; I am certain it was not Noble-street - I have not been into Noble-street since the 4th of June - Mrs. Ozela kept the house, and one Felton lodged there; I am confident no other Harry Child lived there on the 27th of May - I gave the prisoner no authority to make a deposition in my name.
Prisoner. On the 6th of June I was at Rose's house; Rose said Child had consented for me to go, in his name, and while I was there, Child came - Rose said "This is the person who is going in your name;" he said, "Well, that is right, let him not be too late." Witness. Rose never told me any thing about it till after it was done; it is untrue - I did not see him for six months before he was in custody; Rose told me it cost him 4l. to procure the prisoner to swear this.
GEORGE FELTON . I lodged at No. 24, Noble-street, Spa-fields. I know the man last examined; he lodged there from the beginning of February till the latter end of May - the prisoner never lodged in the house since I have been there; there was no other Harry Child lodged there.
Prisoner's Defence. Child came to Rose's that morning, and gave his consent for me to go in his name, which was the only thing that induced me - I went tothe Consistory Court and was sworn after a long examination, and being asked questions; and when I went out to go home I was an hour after my time to meet a gentleman - Mr. Bayford then asked me to stop and be sworn; I said, "I had rather not, as I thought I was sold by the attorney:" when I went out I met Child with two officers - I said,"Child is it you; you are a base man:" he said, "I will make a base man of you, for personating me" - I did not receive any thing for it, though Rose said he would pay me for the time I had lost.
THOMAS ROSE (a prisoner). On the 6th of June Harry Child came to my house in Symond's Inn, while I was at breakfast, and I heard him consent for the prisoner to go in his name; I swear that positively.
MR. CURWOOD. Q. Then you mean to swear thatHenry Child came to your house to request that this man would go and swear in his name? A. He did Sir; it was in a suit instituted by me.
Q. And you consented to the purjury? A. I did not; it was not done without my knowledge.
COURT. Q. Was it true or false that the man at the bar was Harry Child? A. I did not know him by any name before Harry Child sent him to my house.
Q. Do you mean to swear he was sent by him? A. I cannot find any one else that sent him; I never knew him by any name, till after he had been to me to go as a witness - I went with him to the Ecclesiastical Court; I did not ask him his name in going along - he might be Harry Child for what I knew; there may be more Harry Child's than one.
Q. Did you believe that his name was Harry Child? A. I had my doubts.
Q. What was your reason for doubting it? A. This man (Harry Child) requested me to write a note to Mr. Throp - it is not directed to any particular place; it was left for him at the White Hart, in Farringdon-street, for a Mr. Throp: I never knew where he lived - I saw him in consequence of this note.
Q. As whom did you see this man? A. As the man; I did not ask if his name was Throp - I did not know what his name was.
MR. CURWOOD. Q. Is this the note you wrote? Yes -(read).
"Mr. Rose wishes Mr. Throp to meet him at Mr. Lay's, at a quarter before twelve o'clock this morning, on the Commons and bail business, and wait there till you see him; without fail"
"To Mr. John Throp - May 30, 1832."
COURT. Q. Now did you not believe his name to be Throp when you wrote to him in that name, and he appeared in that name? A. I never met with the man in my life; he did not come to me - I think the note says, "Farringdon-street;" I went to Lay's.
Q. Did you inquire for Mr. Throp? A. Yes, I did.
Q. Then when he appeared, did you not believe his name to be Throp, and not Harry Child? A. I did not know that this was the man; he never came in consequence of that letter.
Q. What business on Commons and bail business had you but this? A. I forget; Mr. Lay keeps the White Hart public-house, where I sent the letter - I went there at a quarter before twelve o'clock, and inquired for a person of the name of Throp, but I did not see any person.
Q. How came you to write a letter to a man you knew nothing off, and had not seen, to meet you respecting the Commons and bail business? A. There was a gentleman wished me to call at Mr. Lays respecting bail; his name is Saunders - I do not know where he has moved to; I think he then lived in Symond's Inn; I also lived there.
Q. Then what occasion had you to go to Farringdon-street to meet him; you had no business in Farringdon-street, but for Mr. Saunder's? A. I will not be positive -Saunders is an attorney or an attorney's clerk: I have seen him since.
Q. Did you ask him how Mr. Throp failed to come about the business in Commons and bail? A. I did not- I told Saunders I did not see him, not this man Throp; I went to meet Throp at Saunders' request.
Q. How came you to tell me that this man (Child) desired you to send? A. I will not be certain whether I sent more than one note for a person of the name of Throp - I think this must be the note I sent to Lay's; I am not certain whether this is it or not.
Q. Did you ever write two notes to Lay for a person of the name of Throp? A. I cannot challenge my memory; Saunders has asked me if I knew any person that would bail a friend of his; he did not tell me his name, and I never inquired of him afterwards - I was not to meet Saunders at Lay's - the note was sent on Child's account more than Saunders'; Child did not want me to find bail for any friend of his - I cannot swear whether I saw Throp the next day; it might have been the next day.
Q. How came you to tell me that you did not know the name of Throp till after the 6th of June - when did you see him next after the 30th of May? A. I cannot say.
Q. Upon your oath, did you not believe his name to be Throp when he went to make the deposition? A. I will not be certain, my Lord; you might direct a letter to a person in that name, without his being of that name; he might have gone in that name - I did not expect that to be his name; I thought he might have gone in other names.
Q. Upon your oath, in what name did you think he might go, had he not, on the 6th of June, come to you in consequence of the letter you addressed to Throp? A. He came to me on account of my writing in that name -I could not tell what his name might be; I thought that Harry Child had that name directed on it there, for another person to call for it.
Q. Will you swear you wrote this name by direction of Child? A. Yes.
Q. Did you believe the man's name to be Throp that you wrote the letter to? A. Yes, but I thought another man might call for it.
Q. I rather think he was to be a witness for you in the Ecclesiastical Court? A. Not without Child's consent.
Q. Did you consent that he should go and swear his name was Child? A. I had no alternative.
MR. CURWOOD to MR. ROBERTS. Q. It appears, by the proceeding, that this deposition is dated on the 6th of June? A. Yes, but he was sworn on the 4th of June before the surrogate, and again on the 6th, and he stated his name to be Harry Child.
GUILTY . Aged 45. - Confined Two Years .
NEW COURT, SATURDAY, JULY 7.
Fourth Middlesex Jury, before Mr. Common Sergeant.
GUILTY. Aged 39. - Judgment Respited .
MR. CLARKSON conducted the prosecution.
WILLIAM ROLPH . I am son-in-law of Mr. Richards, of East-end, Finchley . On the 19th of June I returned from a journey, about two o'clock in the morning - I put my horse into the stable, took off the harness, and went into the house; I went up stairs, and pulled off my coat and waistcoat; I then heard a cart come along; I looked out at the side door, and saw Hedge go along with a horse and cart - I thought he had no business that way, and I put on my jacket, and went out at the back gate; I followed the cart about forty yards behind it - I then saw the two prisoners go into the stack-yard; they turned the cart round, and began to load it - there was one field on the farm which had been reserved by Mr. Brewster when he parted with the farm to Mr. Richards - they began to load with the hay which had been cut from the stack which came from that field, and which had been cut from the stack in the afternoon, and put into the shed - it was Mr. Brewater's hay; I then looked over the hedge and saw Gobey in the cart, loading the hay; I knew he had been employed in cutting hay for Mr. Brewster -Hedge was giving up the hay to Gobey from the shed; I watched them for four or five minutes; I then went and locked the lane gate, and then the other gate, so that they could not get out of the lane - I then called up some of our people; we went through our yard again, and still saw them loading - we waited till they were loaded, and ready to start; we then went down the lane, and Hedge came out with the cart, about twenty yards from the gate into the lane; as soon as he saw us he turned to the hind part of his cart, and one of our people collared him - I made up to Gobey, who ran towards a pond; I then called to another person to stop him; when he heard that, he turned back towards me, and I collared him - I asked what business he had there; he gave me no answer, that I recollect - there were eighteen trusses of hay in the cart, and a little bit.
JAMES BREWSTER. I am a farmer , and live at Finchley. I had a farm at East-end, which I parted with at Michaelmas last to Mr. Richards, but reserved one field for the purpose of stacking hay - I had three stacks there, and part of another; I had sold it to Mr. Chaplin; I was doubtful whether there was enough in my stacks to furnish him, if not, I must have got ten trusses from another stack - I had particularly explained to Gobey, three days before, that it had been contracted for by Mr. Chaplin; I understood he had cut some of it, but I had not ordered him to do it, as I had lost so much that I ordered none to be cut, till just before it was to be delivered - I certainly was not aware of his going to take hay at two o'clock in the morning - I had no business with Hedge.
Cross-examined by MR. DONNE. Q. Did you know Hedge? A. Yes, I knew his person, but I never had any transaction with him; I have sold some things to his father-in-law, who keeps a shop - Gobey had never sold hay for me, nor had authority to sell it; he was not in the habit of being on my premises so early as two o'clock in the morning - there were several quantities of hay in that place, but no other stack cut; if they had cut another stack I should have seen it - I did not say before the Magistrate that Gobey had been commissioned to receive money for me, and to the best of my knowledge he never did receive any.
Gobey's Defence. I worked for Mr. Brewster five years ago; I used to bind hay one day, and bring it to town the next day - he allowed me to sell it if I could get a good price, and likewise the salesman, Mr. Gardner; I sometimes took the money to him, and sometimes to Mr. Brewster, when he has told me to have my load ready by six o'clock in the morning, I have gone at two o'clock to get ready.
Hedge's Defence. I was coming from Barnet, and met one of Mr. Brewster's men; I asked him if his master had any hay to sell - he said he did not know; I then went to have a pint of beer, and saw Gobey - I asked if he had any hay to sell; he said he did not know, but he dared to say I might have half a load - I said I would pay Mr. Brewster the money; I went for it, and was taken.
MR. BREWSTER. Gobey never had any authority from me to sell any hay; Hedge has bought wood for his father before - I distinctly told Gobey this hay was for Mr. Chaplin, and I was doubtful whether there was enough; I am not aware that Hedge deals in hay.
GOBEY - GUILTY . Aged 37.
HEDGE - GUILTY . Aged 29.
Transported for Seven Years .
Before Mr. Sergeant Arabin.
1539. ANN GINGER and JANE GINGER were indicted for stealing, on the 30th of May , 1 table-cover, value 2s.; 1 pair of sheets, value 40s.; 3 blankets, value 20s.; 2 table-cloths, value 30s.; 13 towels, value 13s.; 2 napkins, value 4s.; 2 shifts, value 15s.; 4 pairs of stockings, value 9s.; 1 petticoat, value 2s.; 1 handkerchief, value 6d., and 1 dressing-box, value 1s., the goods of Robert Govett , their master . - To which they pleaded
GUILTY. - Judgment Respited .
SAMUEL NICOLL . I am a farmer, and live at Hendon . I sent to Mr. Colville, on the 15th of June, eighteen trusses of hay, and twelve trusses of straw, by Dawson, who was my carman ; if any of it had been lost, I should think he would be answerable for it.
NOT GUILTY .
WILLIAM WRIGHT. I keep a draper's-shop at Tottenham . On the 11th of June, the prisoner came in; I had known her for three years - she asked for a piece of calico, and while my young man turned his back to get it, I distinctly saw her steal two handkerchiefs from my counter, and put them in her cloak; she bought the calico, paid for it, and then walked out of the shop - she got about a quarter of a mile, into a lane; I pursued her with the officer -(I had suspected her before, and lay wait for her in the passage) I said to her, when we came up to her, "You have some handkerchiefs, I saw you take them" - she said she had not; the officer then took her.
Cross-examined by MR. PHILLIPS. Q. Was the officer present in the lane? A. Yes, I spread out the handker
Cross-examined. Q. Did she not say she took them to show her sisters? A. She told me that, after I had her in custody - the prosecutor denied that he had authorized her to take them.
COURT. Q. Were you present when the prosecutor apprehended her? A. Yes - and she denied having any handkerchiefs about her.
Cross-examined. Q. Did not your master leave these handkerchiefs to tempt her? A. Yes.
The prisoner received an excellent character, and several witnesses offered to employ her.
GUILTY. Aged 19.
Recommended to Mercy by the Jury, on account of her character, and the temptation placed in her way .
Confined Seven Days .
NOT GUILTY .
The prisoner put in a written Defence, stating that the cheese was not in his possession.
GUILTY . Aged 17. - Confined Six Weeks .
CHARLES BARRATT. I am a carver and gilder, and live opposite Mr. Saunderson's, in Fair-street, Manchester-square . On the 9th of June, between two and three o'clock, I saw the prisoners near his house; I had seen the servant come out just before, and leave the key in the door - the prisoners walked past; Mills then went, turned the key, and pushed the door a little way open: he then walked away a short distance; Davis then walked in, and was there, I suppose, two minutes: Mills then went in, and they staid about two minutes more; they then came out with the desk and umbrella: I went and overtook them in Bulstrode-street; I asked Davis whose desk and umbrella these were: he was about tying the desk up: he said they were some gentleman's in St. James'-street, I took hold of his arm: he threw them out of his hand, and tried to get away; but I took him again, and brought him back - neither of them had any thing when they went into the house; Mills was taken next day.
Cross-examined by MR. DONNE. Q. What are you? A. A carver and gilder; I was in a two pair of stair room when I saw the prisoners go into the prosecutor's house: neither of them had any thing when they entered the house, I am sure - it rained at the time; I lost sight of Mills then.
COURT. Q. Were they together in Bulstrode-street? Yes.
CHARLES SAUNDERSON. This desk is mine and this seal I can swear to; they were in my back parlour - I cannot swear to the umbrella.
Mills' Defence. I know nothing of the robbery.
Davis' Defence. I was going along, and a gentleman asked me to carry the desk, and said he would give me 1s. - I had before that one shilling and two penny pieces in my pocket; I stopped to tie the desk up, that it should not get wet, and this gentleman came and asked, whose it was; I said it was at Mr. Sams', and asked him to go with me to him.
MILLS - GUILTY . Aged 18.
DAVIS - GUILTY . Aged 18.
Transported for Seven Years .
HENRY AMES . I am in the service of Mr. Ralph Ralph, a shoemaker in Oxford-street . On the 31st of May, between six and seven o'clock in the evening, I saw the two prisoners near his shop - I received information from a boy; I went out, and saw Allen with these boots under his arm about thirty yards from the shop, and Coulson was by his side - they were both walking together; I raised a cry of Stop thief! they ran into a public-house, where the Policeman took them.
GEORGE POWELL (Police-constable E 75). I heard the alarm and saw the prisoner running; Coulson ran into the Cock public-house, and Allen followed him - I went in and saw Coulson throw an umbrella under the seat, with these boots inside it: I took it up.
HENRY AMES. These are my master's boots and were in front of his window; when I first saw the prisoners Allen had the boots.
Allen's Defence. I was going past the house, and saw a mob running; I went to the public-house to have a pint of beer, and was taken.
Coulson's Defence. I was walking down Portland-street, and saw a man running with these boots; he threw them down; I took them up, and pursued him into the public-
ALLEN - GUILTY . Aged 18.
COULSON - GUILTY . Aged 19.
Transported for Seven Years .
1546. WILLIAM BURTON was indicted for stealing, on the 8th of May , 1 shirt, value 2s., 1 half-crown, and 1 sixpence, the property of Edward Williams ; and 1 coat, value 5s. , the goods of John Errington .
EDWARD WILLIAMS . I work at Mr. Starling's, at Islington , and lodge at my grand-mother's. The prisoner lodged in the same room; I do not know what he is - I left my shirt and money in the room, at half-past nine o'clock at night on the 7th of May; when I awoke the next morning I missed my shirt; and the money was taken from my fob, which had been cut off.
JOHN ERRINGTON . I slept in the same room; I left my coat in the room when I went to bed at night, about half-past ten or eleven o'clock; when I got up in the morning it was missed - I did not see the prisoner, and have not found the coat.
GEORGE COLLIER (Police-constable N 94) I took the prisoner from Williams' information; I asked what he had done with the shirt - he said it was no use telling a lie, he had not got the shirt, the pocket he had cut off with an old knife, that there were not 3s., but only half a crown in it; he said he thought, he heard some one on the stairs, and he dropped the shirt - that he left the house about three o'clock in the morning, and he knew nothing about any coat.
GUILTY . Aged 20. - Transported for Seven Years .
FRANCIS ISAAC . I belong to the Roxburg Castle ; she came into the basin about five o'clock in the afternoon, on the 31st of May. I was going to take my chest to Tooley-street; there was a little box in my chest, containing five sovereigns and a half, and a rupee; the prisoner was a sort of porter on board the ship - he and I had been school-mates at Greenwich; I took out the money in his presence, and gave a lad two sovereigns which he had given me the week before to take care of for him - I then put the rest of the money into the chest, and lashed it up; the prisoner and I took it on shore - there was a carter there, whom the prisoner had employed; he gave a man a pint of beer to take it up to the gate; the officer there overhauled it, and took out about a hundred cheroots from it - it was then lashed up again, and put into the cart; the prisoner and the carter went on with it - I stopped at the gate to try to get my cheroots back - I then went on, and found the prisoner and the carter drinking together; another person was accusing him of stealing a fivegallon keg, which he denied - I then got into the cart, and rode home to Tooley-street; in going along Whitechapel the toll-man asked for 2d.; I said I had no money in my pocket, but I had in my chest; the prisoner said, "I will lend you 2d., don't let the man know you have any money in the chest;" I said, "I am much obliged to you, I will give you 5s.;" I had before agreed to give 4s. for taking the chest - I then went on to my aunt's; they put the chest inside the shop - I borrowed 5s. of my aunt, and paid them, and gave them 1s. to drink with - they drove off as fast as they could; I then went to open my chest, to get my money, and the lock was broken - I went after the carter, and saw him on the Monday following; the prisoner was taken on the Saturday - I told the carter I had been robbed; he offered me any money not to appear, and said, it should be made up, but he has absconded ever since - I had employed the prisoner, and it was his duty to be with the cart till it was unloaded.
JAMES HEMMINGS (Police-constable K 256). On the 2nd of June I was informed of this, and took the prisoner in High-street, Poplar; I charged him with the robbery - he was silent at the moment, but on recovering himself, he denied all knowledge of it.
Prisoner's Defence. I put his chest and hammock in the carman's care, and as I had some other things to mind, the cart went on without me; I stopped with the prosecutor, and told him to go to a gentleman about getting his cigars back - I then went out, and told a young man to go to the prosecutor, and tell him I was gone on to the Bell, in the Highway; I ran there, and got there before the cart - when it came up, it unloaded some things; the prosecutor came up, and we went on, and delivered the chest at his house - he has seen the carman, and took 1l. 14s. from him.
GUILTY . Aged 27. - Transported for Seven Years .
THOMAS CORDWELL . I am a pawnbroker. On the 4th of June I received this glass from the prisoner, at eight o'clock in the morning - on the following day he came again, and brought a hat: I received information, and detained him - I have known him five years.
Prisoner's Defence. A gentleman asked me to pawn the glass, and said he would give me 3d., which I did.
NOT GUILTY .
1549. MARY MANNERS and JANE SPOTTISWOOD were indicted for stealing, on the 8th of June , 1 trunk, value 1s.; 7 knives, value 1s.: 6 forks, value 1s.; 2 rings, value 2s., and 13 frocks, value 2s. , the goods of William Warren .
ANN WARREN . I am the wife of William Warren, and live in Union-court, Holborn - the prisoner lodged on my first floor. On the 8th of June, at a quarter before eleven at night, I went down to secure my place, and missed from my kitchen a trunk, containing the articles stated - I fastened the house up, and knocked at the prisoner's door, but they would not let me in; I told my husband of the loss of the trunk, and he went up with me, but the prisoner's door was fastened against us - he heard their window rising, and told me to go down; I went out of the street door, and saw the trunk come out of the prisoner's window; the articles were some in the trunk, and some in the court.
Cross-examined. Q. Were you once in the Police? A. Yes, for two years; I was dismissed because a robbery was committed on my beat - Mary Cunningham is a town-side of mine - I did not get any of these things from her; she had put a suit of clothes in the trunk, but taken them out again - she said before the Magistrate that she had no property in the trunk.
ROBERT WATKINS . I was running rather quickly through Union-court about ten minutes before eleven o'clock - something came out of the window of the prosecutor's house; there was a substance, and a number of these articles; when I got to the end of the court, I heard of the robbery.(Property produced and sworn to.)
Manners' Defence. Since I have been in prison, the prosecutor's wife has been to see me, and said they would prosecute me for speaking about Cunningham - when I first had my hearing, Cunningham swore to some of the articles, and the prosecutor said they were his; the prosecutor wished the officer to bring him a waistcoat which was in the trunk; he did, and drank with him - Cunningham asked a lodger, named Greenwood, to buy the trunk, and said she would give her the money to buy it, but she would not, and the prosecutor bought it; Cunningham took the key from her own side, and unlocked the trunk before the Magistrate.
SARAH GREENWOOD . I lodge in the prosecutor's house; the kitchen is open. I was at the examination when the prosecutor said all the property belonged to Cunningham, except a black waistcoat - he did not say any thing about his wife's aunt, or that they had belonged to her.
JANE GRIFFITH . I live next door but one to the prosecutor. I have known the prisoners two years; Mr. Warren has lent them things to pawn - Mrs. Warren once told me she had a trunk in her cellar, and she wished to God she had what was in it, and she need not pawn that day - she said it belonged to Mary Cunningham, and she was a blackguard, for she took her husband out from her.
GEORGE COHEN . I called at the prosecutor's with Manners' husband, the night the prisoners were committed; I was invited to take tea there, and saw Mary Cunnigham there - I asked the nature of the charge, and Cunningham said "The things are mine, and he knows nothing of it;" she said they had been given her, at different times, by her mistress, and she had lived with Mr. Paas, in Holborn - she expressed great concern for the prisoner, and said she wished the trunk had been on fire - she said to Warren, "Why did not you take the things in, and say no more about it?"
NOT GUILTY .
FANNY EDWARDS . I am the wife of Frederick Edwards - we live in Hoxton . I had a shift hanging in the passage, six feet from the door; I was about to sell it on the 11th of June; I got up to look for it, and it was gone- I had seen it ten minutes before; the prisoner was in one of the boxes of our shop, three or four feet from where it had hung - I begged her to stand on one side that I might look for it; I then saw it under her cloak - she said she saw it on the floor, and thought she had a right to pick it up.
Prisoner's Defence. I went to pawn an article - this shift laid under the place, where the linen hangs - I took it up, and when she inquired for it I did not like to own it.
NOT GUILTY .
MARY ROBINSON . I live with my brother - this necklace is mine. On the 8th of June I was going along Wilmington-place , and it was snatched from my neck by the prisoner - I was close by my brother's window; I called to him - he ran, and took the prisoner; the necklace was picked up in the kennel.
JAMES HAMMOND . I heard the alarm between ten and eleven o'clock that night - I saw the prosecutrix's brother running after the prisoner, and while he was taking the prisoner to the station I got a candle, and found these beads in the kennel.
SAMUEL HARRIS . I am the prosecutrix's brother. I was sitting in the parlour, and heard her call out that the boy had stolen her beads - I ran, and took the prisoner to the station; he said he had not the beads, but they were found on the spot where he was taken; he had ran a short distance, but when we called he walked.
The prisoner put in a written Defence, merely protesting his innocence.
GUILTY . Aged 17. - Transported for Seven Years .
JOSEPH HUMPHREYS. I live with Mr. John Cotterell, a shoemaker , in Leather-lane . I saw the prisoner unhook these boots, and take them down, between ten and eleven o'clock in the morning, on the 11th of June - they had been inside the shop; he had not got past the shop window- when I collared him he dropped them; I called my master, who sent for the Policeman.
Prisoner's Defence. I saw them under the window, and took them up.
GUILTY . Aged 17. - Transported for Seven Years .
1553. JOHN HARRIS was indicted for stealing, on the 19th of May , 1 bed, value 10s.; 1 rug, value 3s.; 2 sheets, value 5s.; 1 blanket, value 2s., and 1 bolster, value 2s. , the goods of Edward James Gardner .
CELIA DILLON . I live in Church-street, St. Giles'. I was standing at my door on Saturday night, the 19th of May; a man shoved a bundle into my passage, and turned away - he did not speak, but to the best of my belief he was the prisoner; I told my husband when he came home- he and I went to the landlord, and told him; we gave information at the station.
Prisoner's Defence. I left my wife there that evening, and went to meet a party in Oxford-street, who owed me some money; I waited for them till past eleven o'clock, and they did not come - I went home, and saw no light in my room; I thought my wife was out - the prosecutor then asked me what I had done with the bed; I was surprised, as the things were all there when I went out.
GUILTY . Aged 23 - Confined Six Weeks .
EDWARD COOK. I live in Brick-lane, St. Luke's . -The prisoners came there on the 3rd of June, at half-past six o'clock in the evening, and Hines wanted to be shaved - he was intoxicated, and I refused, but he wished it, and I began to lather him; Bell then came in, and said he would beat my two eyes into one - I went for an officer, and while I was gone they took the property, and went off- the officer took them; Bell had the scissors, and Hines the razors.
WILLIAM HENRY DAVIS . I am an officer. I was applied to take the prisoners, as they had made a disturbance and threatened to break the windows; I went to my door- they had just passed my window; I took Bell, and found the scissors in his pocket - Hines came to rescue him, and the razors were found on him.
NOT GUILTY .
CHARLES WHITEHEAD. On the morning of the 6th of June I went up stairs, and saw the prisoner opposite my shop; I did not like his appearance - the same evening I saw him coming out of a pawnbroker's; I saw him afterwards again near my house - I went and spoke to him; my boy came into the shop at the time, and he told me he had had the shoes of him.
EDWARD BURGESS . I am errand-boy to the prosecutor - I have known the prisoner two months; I met him on the Tuesday night; he asked me to let him have a pair of shoes, and said he would be always giving me money - he gave me 6d. and a box for the first pair - he came a second time, and then gave me 5d. not to say any thing to my master; he then came again, and wanted two pairs - I said I would not let him have them, because my master was in the kitchen; I let him have two pairs of shoes at two different times - these are the shoes.
Prisoner's Defence. I was playing near my own door, and Burgess asked me to pawn a pair of shoes, and said he would give me half the money.
GUILTY . Aged 13. - Transported for Seven Years .
GUILTY . Aged 18. - Confined Three Months .
WILLIAM PEARSON . I live with Mr. Ericus Robinson and his partner - they are calendrer s. On the 8th of June I found twelve yards of printed cotton concealed in a corner - I took it up, examined it, and put it there again; I told Mr. Robinson, who desired me to watch it, and on the 12th of June I saw the prisoner go and take the pieces of cotton, conceal it on his person, and go to the end of the street - I sent one of the men after him, to desire him to come back; he came, and was detained till the officer came.
GUILTY . Aged 18. - Confined Six Months .
HENRY COTTRELL . I am the son of Henry Cottrell - he is a boot-tree and clog manufacturer . On the 15th of June I was told a pair of clogs were stolen; I went and overtook the prisoner a quarter of a mile off; I told her she had taken a pair of clogs - she made no answer: I found them under her apron.
Prisoner's Defence. I picked them up in Leather-lane- I had them in my hand ten minutes when the lad came up.
GUILTY . Aged 26. - Confined One Month .
Union-court , and when I got about two yards down the gateway he laid hold of me, and smacked me against the wall -"Good God!" says I, "what are you going to do? is it possible you are going to plunder me?" he said, "I must, and will;" I said, "Well, if you are base enough to do it, don't injure my body;" he put his hand into my pocket, took out a sovereign and 3s. 6d., and ran off towards Bleeding Heart-yard - I made some progress, but he was run off; I was surprised at first, and did not give an alarm; but I said to him, "I will mark you another day," for I knew I should see him if I kept it to myself; I saw him drunk the next day, in company with some women at the public-house, and gave him into custody.
Cross-examined by MR. BARRY. Q. Do you mean you gave him into custody on the Sunday morning? A. Yes, I did; I said to the landlord, "There is John McCarthy;" he said, "Don't make a bother, go and get a Policeman," which I did - I had been robbed about fifty yards from the same public-house - I did not call Police! at that time; I never said to any person that all the money I had was 4d., which I wanted for some gin - a man named Morris, and a boy attended for the prisoner at the office; I had not been talking to any woman on the Saturday night.
WILSON HAINES . On the Sunday morning the prosecutor came to me, and said he had been robbed, and he described the prisoner - I went with him to the public-house; he pointed out the prisoner leaning on the table, asleep - I awoke him and told him the charge; he refused to go with me, and as it is a very bad neighbourhood, I sent for assistance, and took him; we got him to Kirby-street, where he got away, but we took him again; he resisted very violently - we were obliged to tie his hands and feet to get him to the office.
Prisoner's Defence. I was sitting in the house at six o'clock in the evening, when the prosecutor came in - he knew me well, and had drank in my company; he said he came to get change - he went out, and came in again; he then said he had to meet a friend he had borrowed a few shillings of, and he would be back directly - he told me to wait till he came; I stopped till my father came in, and then I went away with him - I went to the same house again the next morning, and I should not have done so if I had robbed the man so near to it; when he accused me of it, I said I would wait till the officer came -I refused to go because I knew I was innocent.
RICHARD WESTCOTT . I was paid about five o'clock that evening, but I worked till eight o'clock; and did not go to the public-house till near nine o'clock - I had not drank with the prisoner before, and did not know his name; I considered him a poor man out of employ.
JOSEPH GROVES . I work for Mr. Bloomfield, a carman. On the night in question I saw the prosecutor about nine o'clock, at the corner of Field-lane, talking to two loose girls; I saw him at the public-house between nine and ten o'clock, and he called for a pot of beer; a man came in, and asked him for 2s., which he owed him, and he said he had only got 4d., so help him God - he was then half drunk; I saw him carried out by two men into Union-court, about eleven o'clock, and when they left him, he fell on the ground.
COURT. Q. How many pots of beer had he? A. He drank one in my presence, and the man who came and spoke to him paid for a quartern of gin - I had seen that man once before; the prisoner was not there from nine o'clock till a quarter before twelve, at which time I left - he was not there at all, nor did he drink with the prosecutor while I was there; if he had been there I must have seen him - I had not left the house when the prosecutor was carried out; I lodge in that house, and have done so for fourteen months.
NOT GUILTY .
THOMAS WHITEHORN . I am a carman . On the 5th of June I was employed to convey four hogsheads of sugar to Mr. Miller's, in High-street, Marylebone, from No. 10 warehouse, in the West India-docks - Pincott was my carman ; I met him in Whitechapel on his return, after he had delivered the sugar - he turned round, and I thought his countenance looked very pale; the other two prisoners were with him - the constable came to my house the same night, and said he had taken two men who had taken some sugar out of my cart; and I went and saw Johnson and Almeroth at the watch-house.
Cross-examined by MR. DONNE. Q. Was this your property? A. Yes, it was in my care.
WILLIAM WARE . I am a constable of the Tower. On the 5th of June, about eight o'clock in the evening, I was in a baker's-shop in Spitalfields; I saw the waggon pass the door - Pincott drove it; Johnson and Almeroth were following it - I came out, and just as I got out, Johnson went up to the tail of the waggon, turned back the tilt, and took hold of a bag which was in the waggon; it was too heavy for him, and Almeroth helped him to get it on his back - Pincott went on with the waggon, and the other two went towards Whitechapel; I followed them, and saw a Policeman - I gave Almeroth into custody; I then went to Johnson, and said, "What have you got in this bag?" he said he did not know; I said, "I must see," and I took him.
THOMAS ROBERT WHITEHORN . I am the prosecutor's son. I saw the hogshead weighed; it was 104 lbs. deficient - I have a sample of sugar, which was taken from the bag the prisoners had, and a sample from the hogshead; they are similar.
Cross-examined. Q. I believe Pincott has been some time in your employ? A. Yes, nearly three years, and he had a good character.
PINCOTT - GUILTY . Aged 24.
JOHNSON - GUILTY . Aged 26.
ALMEROTH - GUILTY . Aged 19.
Transported for Seven Years .
Second London Jury, before Mr. Common Sergeant.
1561. JOHN PIKE was indicted for stealing, on the 21st of June , 31 yards of printed cotton, value 28s., the goods of Francis Edwards ; and that he had been before convicted of felony . - To which he pleaded.
GUILTY . Aged 44. - Transported for Seven Years .
GUILTY . Aged 36. - Fined 1s. and Discharged.
THOMAS ALLEN . I live in Friday-street , and am a wholesale linen-draper ; I have one partner. On the the morning of the 1st of June, I was going to my warehouse, and met the prisoner, who was my porter , with a paper parcel under his arm - I asked where he was going, or what that parcel was; he said he was going to the Saracen's Head with it, and it had been given to him by Charles - I asked who it was directed to; he turned it round, but there was no direction on it - I then desired him to go back with it, which he did, and went into my warehouse; while I was getting off my horse, he went into my packing-room - I went in after him, but I could not find the parcel; he said, "Some one must have taken it"- I said I would send for an officer - he then went into the cellar, and picked this parcel out of some coals; it contains some calico of the same description as what I had in my warehouse, but I could not swear to it - Charles is not here: the prisoner afterwards said he had taken it, and was very sorry - I found it was the middle of a piece, and on looking in the cellar with the officer, I found the two ends from which it had been cut.
Cross-examined by MR. CLARKSON. Q. Did you tell the Magistrate that the prisoner acknowledged taking it, and asked forgiveness? A. Yes, he was three or four months in my employ.
The prisoner received a very good character.
GUILTY. Aged 21.
Recommended to Mercy . - Confined One Month .
JAMES PETTIT SNELL. I live in Aldermanbury. On the night of the 4th of July, at a quarter-past ten o'clock, I was in Cheapside, opposite Gutter-lane - I felt a man's hand at my pocket, and called out Halloo! the prisoner, who was very near me, immediately ran across Cheapside, and down Gutter-lane - I followed him; I saw him throw down my handkerchief about half way across Cheapside - a friend took it up, and gave it me; I took the prisoner in Gutter-lane.
Prisoner's Defence. I heard the alarm - two or three young men ran down Gutter-lane: I ran after them, but I am innocent.
The prisoner received a good character.
GUILTY . Aged 19. - Confined Six Months .
WILLIAM ARCHER . The prisoner was in my servicee in Wormwood-street, Bishopsgate . When I returned home on the 18th of May I found her intoxicated, and had her searched - this duplicate was found on her.
The prisoner put in a written Defence, stating that she intended to have redeemed the property.
MR. ARCHER. She had lived with me before, and I believe was very poor - she received some allowance from the workhouse.
GUILTY. Aged 50.
Recommended to Mercy - Confined Six Months .
JAMES MARCHANT . On the evening of the 14th of June, about ten o'clock, I saw the prisoner coming from the prosecutor's shop, with these two pieces of print under his arm - the end of one of them was hanging down; I followed him - he dropped one, which I took up: I could not quite reach the prisoner with my hand, but I struck him with a small stick, and about six yards further on he dropped
HUGH COLLINS . I have known the prisoner for the last four years; I was talking with Marchant when he went by with the prints - I saw him drop one of the pieces; he turned a corner, and I said I need not run after him, as I knew him.
Prisoner's Defence. I went to a public-house at seven o'clock that evening, and sat there till eleven; as soon as it was light, I went out to look for a shilling which I had dropped in the sewer - if I had been guilty they should have taken me at the time.
GUILTY . Aged 22. - Transported for Seven Years .
JAMES PARKINS . I am a woollen-draper, and live at Aldgate . On the 6th of June, between nine and ten o'clock at night, I saw the prisoner take a pair of trousers from the shop of Matthew Parkins , my father, who lives opposite to me, and run off; I took him with them - these are them.
Prisoner's Defence. Another boy took them, and put them into my apron.
GUILTY . Aged 10. - Whipped and Discharged.
ELIZA WILLIAMS . I am a servant, and live in Sun-street . Between eight and nine o'clock in the morning on the 6th of June, I was at my master's door, and saw two men loitering about - I watched them till twenty-five minutes past eight o'clock; I then saw them go up the street and fetch the prisoner; the prisoner and another went up the prosecutor's yard - the other stood and watched, and the prisoner came out with these veneers on his shoulder, and went across the street - I gave information, and he was stopped.
Cross-examined by MR. CHURCHILL. Q. Did you see where he brought the veneers from? A. No; they seemed a heavy load - I had seen the prisoner about seven minutes before the others called him: he was about twenty yards from there, and came when they called him.
WILLIAM OLIVER . In consequence of what Williams said I followed the prisoner to Dunning's-alley, and took him with these veneers three or four hundred yards from the yard; he was then alone - I brought him back, and gave him in charge of an officer; these are the veneers - they are Mr. Henry Bateman 's.
Cross-examined. Q. Did you ask where he got them? A. No; he did not tell me he had been sent for to carry them - he said a person took him into the yard to fetch them.
Cross-examined. Q. Did you ever know him in custody before? A. No, but he was in company with a man who was brought to the watch-house with two girls who had committed a robbery.
Prisoner's Defence. I was going down Sun-street, and met a gentleman, who asked me if I wanted a job; he took me down the yard, and placed the veneers on my shoulder - I said they were too heavy; he said he only wanted me to carry them to Long-alley; I crossed, and went down Dunning's alley - I then stopped to ask a person to help me up with them - the gentleman came up, and told me to carry them back, which I did.
MR. OLIVER. He was not stopping; he was going on with them - I assisted him to take them back: when he got back he said some person desired him to take them.
GUILTY . Aged 20. - Transported for Seven Years .
1569. GEORGE WAKEMAN was indicted for stealing, on the 10th of June , 15 lbs. weight of pork, value 8s.; one canvas bag, value 6d.; 1 sovereign, 12 half-crowns, 20 shillings, and 4 sixpences, the property of James Elkington , from his person .
JAMES ELKINGTON . On the 10th of June, between five and six o'clock in the morning, I was in Bishopsgate-street , going towards London-bridge; I had a parcel on my shoulder, containing a leg of pork, which weighed 15lbs., and cash to the amount of 3l. 12s.: it had been sent up to me from Colchester, for goods which I had sent down the week before - I had not opened the parcel, nor seen what was in it; the prisoner snatched it from my shoulder, and ran up a turning - I followed him, and did not lose sight of him more than five or six seconds, and when I saw him again; he was in custody.
Cross-examined by MR. CLARKSON. Q. I believe you had been spending the evening out? A. Yes, but I was perfectly sober; I received the parcel at the Blue Boar, at Aldgate, about half-past nine or ten o'clock at night - I then went to a man near Hoxton, with whom I had some business; I live in Chatham-place, Walworth - I had not left my friend more than a minute, as he had gone with me: I had not been to sleep that night - I had business to transact, and I had been having a little rational discourse; I have a wife and children - I did not tell my wife the time I should return; I was not intoxicated: I did not see the prisoner before he took the parcel.
THOMAS READ . I am an officer. On the 10th of June, at a quarter before six o'clock in the morning, I saw the prisoner in Long-alley, walking very fast, out of breath - I heard a cry of Stop thief! and he turned down Moore's-gardens - I pursued, and said I wanted him; he said,"What for?" I brought him back into Long-alley, with this parcel, which he had with him - the prosecutor was there, and said, "That is my parcel:" in the scuffle, the prisoner tore off the direction - the prosecutor said, "The direction is Elkington;" I took a part of it out of the prisoner's hand, and with that and the other part which was picked up, I can make out that name: the prisoner said a man was to give him 1s. to take it to Moore's-gardens - I opened the parcel and found the pork in it, with the money stated, and a note to send down again in a month's time.
GUILTY . Aged 25. - Transported for Seven Years .
Cheapside , near Friday-street; I felt something at my pocket, turned, and saw the prisoner walk away - another person had just passed me; the prisoner turned down Bread-street: I followed him, and found my handkerchief between his waistcoat and coat.
Prisoner. Q. Did you lose sight of me? A. No; when I came up to you you had stopped: you had not turned back again - when I said I wanted you you said, "Me Sir."
Prisoner's Defence. I saw this handkerchief on the pavement; I turned down Bread-street, and was coming back again, when the prosecutor took me - I told him I had found it.
GUILTY . Aged 25. - Transported for Seven Years .
WILLIAM TILLEY. I live in New Inn-passage, Clare-market. On the night of the 2nd of July I was passing Aldgate ; the prisoner came up to me, and snatched my watch as I walked along - I followed instantly, and pretty well took him myself, but he had turned a corner, and the watch has not been found; I am quite sure he took it: I had nearly hold of his hand, and did not lose sight of him.
Prisoner. Q. Where was I taken? A. In Mitre-street - I had been to my club, but was not tipsy; I saw nobody round you - I did not see you taken; I cannot tell whether you was standing up, or laying down - I saw you turn down Mitre-street; I followed, but I slipped down.
JURY. Q. Will you swear you were sober? A. Yes, I had taken nothing after my dinner; I will not swear I was exactly sober - I was not very sober, but could walk about my business.
Prisoner. Q. Where were you walking at the time? A. On my father's right side; I was looking in front of me - you came round in front of my father, and took the watch.
Prisoner. Q. Could this boy see me at the time? A. I did not see him open his eyes; I consider there was something the matter with his eyes - the watchman who brought the prisoner, is not here.
Prisoner's Defence. I heard a cry of Stop thief! near Mitre-street, and I met a man running, who knocked me down; ten or twelve men then ran up the street, and while I was on the ground, the prosecutor gave me in charge - it was half-past eleven o'clock at night.
NOT GUILTY .
OLD COURT. MONDAY, JULY 9.
Second London Jury, before Mr. Recorder.
SECOND COUNT, for feloniously uttering the same.
TWO OTHER COUNTS, the same, only stating that he, having the said order in his possession, feloniously did alter the same, by inserting after the word six, the syllable ty, and after the figure 6, an 0, with the like intent.
MESSRS. BODKIN and LEE conducted the prosecution.
HANBURY PARGITER . I am clerk to Sir Richard Carr Glyn and others, and am employed in the country-office; it is my duty to superintend all payments for country correspondents. On the 21st of June we received a letter from Lovell, and Co., bankers of Birmingham, in consequence of which, Mr. Feltham filled up a cheque, and handed to me - this is it (looking at it) - I know his handwriting; on the 22nd of June, a person applied for that cheque, in the name of Allen; it was in the morning, and I should say before two o'clock - when we receive letters to pay money to a particular person, Feltham draws a cheque, corresponding with the order, and gives it to me to deliver to the party to whom the money is to be paid, and that party signs it; it then requires my initials on it, as an authority to the cashier to pay it, and on the 22nd, it was presented to me - I put my initials on it; it was about four o'clock, to the best of my knowledge, because I was preparing for the clearing at the time - I cannot say whether when I put my initials on it, it was in the same condition as it is now, as I did it in the usual course of business; the cheque was brought to me again about a quarter to five o'clock, by Thomas, the cashier.
Cross-examined by MR. PHILLIPS. Q. Do you recollect who presented the cheque for your initials? A. I do not - I have not the least recollection of the prisoner's person; I cannot say whether the 6l. was altered to 60l. at the time it was presented to me - it might have been altered before it got into the prisoner's hands for what I know; it was brought back to me full three-quarters of an hour after I put my initials on it - I should call this figure a bad six.
COURT. Q. Might any person present it for your initials? A. I gave it to Charles Allen to sign, it being drawn on his behalf: whoever laid it before me, after being signed by Allen, I should put my iniaials to it - the word sixty is written plain in letters.
JOSEPH FELTHAM . I am a clerk in the country-office at Messrs. Glyns', and keep the account of Lovell, and Co., of Birmingham. This letter was handed to me in the course of business, and in consequence of it, I made out this cheque for 6l. 3s., all except the signature, the syllable ty. and the figure 0, after the 6 is my writing; the date, "June 22nd," is written by the clerk who delivered it to the party applying for it - at the time I gave it to Pargiter it was drawn for 6l. 3s. only, I am certain, according to the direction in the letter.
Cross-examined by MR. PHILLIPS. Q. Have you any knowledge of who presented it to be initialled? A. I have not, nor whether it was altered then; I have nothing to do with that department.
WILLIAM THOMAS . I am cashier at Messrs. Glyns', and attended at the counter. On the 22nd of June, about ten minutes to five o'clock, the prisoner presented this cheque to me for payment, drawn for 60l. 3s.; I asked how he would have it - he said three 20l. notes; I cancelled the signature, and on looking at it again, it struck me the letters ty. had been added - I then took it to Mr. Pargiter, in the country office, then returned to the prisoner, and told him he must go with me to Mr. Butcher, the solicitor to the bankers; but before that I asked him how he became possessed of the cheque - he said a person at the Post-office had given it to him to present for payment; that the person was a stranger - I then went with him to the solicitor's office, in St. Mildred's-court, and from there to the Post-office; I saw a City Policeman, and desired him to follow us - I followed the prisoner into the Post-office, and the officer afterwards; the prisoner could not recognize any person there, as having given him the cheque- I returned with him to the solicitor's, and gave him into custody; on Mr. Butcher asking him at what time he received the cheque, he said, "About half-past two o'clock"- that was on our return from the Post-office; he was asked where be lived, and I think he said he was in the Chartered Gas Company's service, at Westminster.
Cross-examined. Q. How many clerks initial cheques? A. Two are regularly employed to do it, but in their absence, others do so; four o'clock is about the busiest time with us - I left the prisoner alone at the counter, while I went to Pargiter, but had my eyes on him now and then; there were other clerks there - there was a glass door between us; the Policeman was in uniform - I think he kept ten or twenty yards behind the prisoner; I think a person waiting there, might see the Policeman.
MR. BODKIN. Q. Is it your custom, if there is any thing objectionable in a cheque, to state it before you cancel it? A. Yes, if we discover it; the prisoner could see me cancel it - I did not express any doubt to him.
COURT. Q. Did you perceive any body make any haste from the Post-office when you went? A. Not any; the prisoner looked round, and said he could not see the person who gave it to him - a person might have gone off without my seeing him.
JOHN FORRESTER . I am a City Policeman. I took the prisoner into custody at the Mansion-house about twenty minutes past five o'clock - I found nothing on him but this cover of a book - I asked where he got the cheque; he said a man against the New Post-office gave it to him in that book-cover, and asked him to go to Glyn's and get it cashed, and he would give him a sovereign for his trouble; that he told the man he would return in an hour - he said he received the cheque from half-past two o'clock, to a little before three; I said,"Why, you have been a long time - it is a good deal more than an hour; why have you not returned?" he said because he had been into Wood-street, Milk-street, and various streets in Cheapside, seeking for a situation at different warehouses - I said, perhaps he could tell me some of the names or the numbers of the houses where he went; he said he could not recollect them - I asked if I went with him whether he could show me any person he had inquired of that afternoon for a situation; he hesitated, and said he did not think he could, and he thought he had given me quite satisfaction enough - I said, "If you do not give me more I must lock you up;" he said, "Well, I cannot help it, you must then" - he said he had had the cheque in his possession from half-past two or three o'clock till he was apprehended, and it had not been out of his possession at all.
Cross-examined. Do you know where he lived? A. I asked if he had been at work lately - he said he had, at the Gas-works, in the Horseferry-road - I found no money on him.
MR. BODKIN. Q. He said he worked at the Gasworks? A. Yes, that was true - I think he said, he had not been at work for a day or two, as the work was so laborious he wanted to get something else.
THOMAS WEGGERHAM . I am in the employ of Lovell and Co., of Birmingham. On the 26th of June 6l. 3s. was paid into their house, to be paid to Charles Allen, or order, in London, by a person who signed his name "John Martin;" he was a perfect stranger - I have not seen him since; I gave Glyn's advice, directing them to pay it; if a stranger pays money in in that way, we take it.
Cross-examined. Q. Did you know Allen? A. No.
The letter was here read, directing the payment to Allen, dated the 20th of June.
JAMES OLD . I am time and gatekeeper at the Westminster gas-works. The prisoner was in the company's employ up to the 22nd of June, but was absent on the 18th, 19th, and 20th; without leave, he would not receive pay for that time - he was at work on the 21st, and half a day on the 22nd.
Cross-examined. Q. He was absent for three days before the Birmingham letter is dated? A. Yes - he has worked for us one or two years; he had a bad hand a week or a fortnight before this: he worked a full week before the three days' absence - his hand might have got worse.
Prisoner's Defence. I feel convinced you will plainly see I have been led innocently into this; I had not the slightest knowledge the cheque was bad; having a wife and two children, I was anxious to procure a situation of about 20s. a week, having but 15s. at the gas-works - I was looking for a situation, when a gentleman accosted me at the Post-office, and asked me to take the cheque, and bring him three 20l. notes for it, and he would give me a sovereign; I said I was looking for a situation, that I would make inquiries as I went along, and return in an hour; I admit a sovereign was a large sum, but I suppose it was thought I should go directly, before the fraud was discovered.
NOT GUILTY .
NEW COURT. MONDAY, JULY 9.
1573. ALEXANDER McGARRICK was indicted for stealing, on the 4th of June , 3 bottles, value 3d., and 2 pints of whiskey, value 4s. , the goods of Richard Robertson and Alexander Maxwell Robertson . - To which he pleaded.
GUILTY. Aged 23. - Judgement Respited .
William Hunt . - To which he pleaded.
GUILTY . Aged 30. - Transported for Seven Years .
GUILTY . Aged 34. - Confined One Month .
GUILTY . Aged 57. - Transported for Seven Years .
1577. ANN HUGHES was indicted for stealing, on the 13th of June , 1 jacket, value 1l.; 1 pair of trousers, value 16s., and 1 waistcoat, value 12s., the goods of Thomas Saunders ; and that she had been before convicted . -To which she pleaded.
GUILTY - Aged 28. Transported for Seven Years .
GUILTY . Aged 18. - Transported for Seven Years .
MR. PHILLIPS conducted the prosecution.
JOSEPH LOADER . I am the son of Richard Loader , an upholsterer - we live in Newgate-street . The prisoner was in his employ from sixteen to twenty years; if he got any wood of any tradesman, he was to give my father an account of it, either at the time, or on the Saturday afterwards, at the farthest; Mr. Sykes, a timber-merchant, gave us in an account after the prisoner had been taken, which is about a fortnight ago; there were some veneers in the account, of which the prisoner had given us no invoice.
RICHARD LOADER. I was out of town at the time the prisoner had this timber - he never delivered any invoice to me; I paid him his wages weekly - if he got goods of any tradesman, he was to give an account immediately, or at latest on the Saturday following; he was taken up some time in June - he heard the charge made against him; I made him no promise, but he said, "I stand as a felon before you. I hope you don't mean to hurt me;" I searched his father-in-law's house, and found some mahogany veneers, and some table-tops.
Cross-examined by MR. LEE. Q. Has your son any concern in your business? A. No Sir; I had not had any conversation with the prisoner about assisting him to set up in business - I did not allow him to get goods of the persons who supplied me; the timber in question was never brought into my possession - I never saw it, nor the veneers, either to my knowledge; we have no materials on our premises - I can swear that the wood in this invoice has not been manufactured into articles, and brought to my premises; for nothing has come in there for some months - I cannot tell what had been worked up for three months; I did not return to town till the latter end of May.
COURT. Q. As he was an old servant, has he ever got wood and worked it up for you, and afterwards acquainted you with it? A. He generally used to say,"I want such and such articles" - I do not know whether he ever got any without saying that.
MR. PHILLIPS. Q. To your knowledge have any articles made of this wood been brought in by the prisoner? A. Never - and he never gave me any invoice of this timber.
Cross-examined by MR. LEE. Q. Can you swear to timber, you have not seen? A. No - he has not brought any work in since he received this timber; it could not come in without my knowledge - I am always in the house; he may have brought in articles in my absence, but if he had I should have seen them.
MR. PHILLIPS. Q. Did he give you any reason for not bringing in the articles? A. Yes - he said Mr. Sykes had not got the wood.
MR. SYKES. I am a timber-merchant. I have supplied the prosecutor; I supplied the prisoner with some wood in March, for Mr. Loader - I gave him the invoice at the time the goods were sold; since the prisoner left his service, Mr. Loader applied to me for his account - I furnished the prisoner with mahogany and veneers on the 8th of March, 14th of March, 28th of April, and 17th of May, for which I debited the prosecutor; I saw some veneers at Hatton-garden, but they are not what I supplied to the prisoner.
Cross-examined. Q. You served the prisoner with veneers and other things? Yes; I do not know that he ever had articles from me on his own account - I was most likely in the yard when these goods were furnished to him; I did not deliver them myself - some of these might be deliverd by my servants; this bill is only a copy from my ledger: I speak to the fact by refreshing my memory by my books, which I keep myself - I suppose the entry was made on the day the goods were furnished.
MR. PHILLIPS. Q. Did you deliver the goods to the prisoner? A. I am pretty confident he took some of them; he generally took some away with him at the time of making the purchase - he always bargained, and sometimes took the goods and sometimes sent a man; sometimes we sent them: I am sure he bargained for all the goods stated in this invoice.
COURT. Q. Can you state that you were present on the 8th of March, when the veneers were delivered? A. I cannot state that: I have no doubt they were sold to him; I cannot recollect that he bargained about any veneers about that time - he has come and bespoken wood on one day, and taken it away on another; I can speak positively to his bargaining with me on all the dates in this invoice; I suppose I was in the way: I must have been in the way, or he could not have bargained - I can speak positively to all of them; I believe I was present when they were taken from the yard: I can swear they were taken from the yard by the prisoner, or by his servant - I cannot take upon myself to state that I delivered any of them to him.
NOT GUILTY .
JOSEPH LOADER . The prisoner was in my father's service - a person named Hoar used to supply us with goods; the prisoner furnished us with an invoice of the goods stated in this indictment, two or three days after the date, but he never brought the goods to the premises - I asked him about some tables which ought to have been made of Mr. Hoar's wood, and he said they were not quite finished, because he was waiting for some goods from Mr. Sykes' - he never delivered any invoice of two double-table catches and two screws, and I was not aware of his having them: they ought to have been in the tables made of Mr. Hoar's wood, and they never came in.
Cross-examined. Q. Then the invoice of the articles, furnished by Mr. Hoar, was given to you? A. Yes; the prisoner had permission to procure materials, and manufacture goods on our account only, but he did not manufacture these articles; if he had wanted a few articles from the ironmonger's, he would have gone for them, but they would have been entered in the ironmonger's book; they were entered in the ironmonger's book, but not in ours - he might have got those things without telling us, but he ought to have come for our book and had them entered; it has happened perhaps half a dozen times, that he has got goods and not taken our book, or told us of it, but we have reprimanded him for it.
GEORGE BARBER . I am in the employ of an ironmonger, in Redcross-street. On the 10th of May, I furnished the prisoner with two double table catches, and four screws on Mr. Loader's account; I saw him get them and take them away - they were worth 6s. 10d.
Cross-examined. Q. Who delivered them to him? A. Mr. Miller, a partner in the firm; I saw him deliver them, and entered them in the book.
NOT GUILTY .
WILLIAM FORTY . I am a Thames Police-surveyor. The prisoner is an ironmonger and dealer in marine-stores ; I went to his house in White Lion-street , on the 13th of June - he was at home; I searched his house, and found a number of articles which were taken to the office, and given to him again; I did not find any nails there, but I found some at Mr. Lyon's, at Lambeth; I told the prisoner I had been there, and brought away sixty-one papers of boat nails - I asked him how he accounted for them; he asked if he was obliged to answer: I said not without he liked - he then said, "I shall not answer it, I am not prepared."
Cross-examined by MR. ADOLPHUS. Q. Does he not deal in boat-nails, and in all kinds of ironmongery? A. I saw such things there - I have known a man having to pay a penalty for not answering to the satisfaction of the Magistrate; the prisoner was bailed.
WILLIAM LYON . I am a boat-man, and reside at Lambeth. I bought sixty-one thousand boat-nails of the prisoner on the 12th of April; he called on me with his card, as all ironmongers do; he showed me a sample of these nails, and told me the price, which was 1s. a thousand; the market price varies so much that I considered it a fair price; it was only 2d. a thousand under what I could get them for in my own neighbourhood.
Cross-examined by MR. PHILLIPS. Q. I suppose if a boat-maker should fail, or fall into distress, there would be an auction of his things, as well as of other persons? A. I should think so; there was no concealment in his dealings, and he might have bought them for 2d. a thousand more than he sold them to me, by going fifty yards further.
WILLIAM ATKINSON . I am an ironmonger , and live in Wellclose-square. The prisoner dealt at my house, and bought some nails, but not of this description. Joseph Perkins has been my servant for four years - I had some conversation with him, and went to Mr. Lyon's, who said he had bought a quantity of nails, but I did not see them - these are part of the nails that were stolen from my premises; the papers they are in are marked.
Cross-examined by MR. ADOLPHUS. Q. Did you ever miss any nails till you suspected Perkins? A. Yes, some time before - Perkins had not described these nails - I cannot tell how many thousand I have sold within six months; I never sold any to the prisoner; I cannot say these were never sold - I have only one other person who receives money in my shop, but I have several labourers and warehousemen - Perkins used to work in the shop, but not receive money; the prisoner was a general dealer; I do not call him an ironmonger; the men who weigh these nails put them in paper, and mark them, and, in general, that mark has been on every thousand of nails sold.
JOSEPH PERKINS . I am Mr. Atkinson's porter; and have been so for four years. I have seen the prisoner at my master's shop, where he came to purchase goods; I have taken him goods from my master's; I asked him if he would buy any nails, and he said he would; I took him some four or five times; I cannot tell how many; he gave me 6d. a thousand for them; I think I have sold him twenty thousand or more; he knew I worked for Mr. Atkinson, but his name was never mentioned - he never asked me where I brought them from, and I never told him - I sold him nails of this description, and put the money into my own pocket.
NOT GUILTY .
EDWARD GODDARD . I am an officer. In consequence of information I went to Jay's house, in Peacock-yard, Clare-market, where I found a box with 72 lbs. weight of candles in it, and no direction - the prisoner was a porter in the service of Mr. Slater, a tallow-chandler , in the Strand, but his manufactory is in Wych-street - I took the prisoner into custody; I made him no promise or threat, but asked him where he took those candles from; he hesitated, and then said, he took them from the factory, and he meant to convert them to his own use; he said he was very sorry he had taken them, and he had a large family.
Cross-examined by MR. CHURCHILL. Q. Are you sure
SARAH JAY . My husband lives in Peacock-yard. The officer found the box of candles at our house, which the prisoner brought on the Saturday morning, and he was in the habit of coming up the yard with a truck, but he did not call at our house before he brought the box; I was up stairs at the time; he said "The box ought to have gone before, but it could not go without a direction," and he brought a card, and nailed it on.
Cross-examined. Q. Can you swear to the candles? A. No, but I can to the box; there is our own mark on it- the prisoner had been six months in our employ; my opinion of him was very favourable - we would have trusted him with any thing; he is married, and has a large family.
The prisoner received a good character.
GUILTY. Aged 45.
Recommended to Mercy . - Confined Three Months .
JOSEPH WEEDEN . I am shepherd to Mr. George Trumper - he lives at Norwood. In April last he bought one hundred sheep, which were put into a field, in my charge - I counted them every night: they were all safe on the night of the 9th of May, except one, which had died - I went the next morning, about seven o'clock, and five of them were missing; I have seen the skins of them since, and they are in Court now; they were wether sheep - my master had not sold any of them; they were not fit for the butcher.
EDWARD PRICE . I am a butcher, and live near Shepherd's-bush , about two hundred yards from the prisoner's. On the 10th of May, between three and four o'clock in the morning, he called me up to dress a sheep, which I did - that sheep was dead; there were four others, alive - I killed and dressed one of the others afterwards, and on the Friday I killed another; they were not very fat - they were not fit to kill: I saw nothing on the floor but some blood, and there was some hay and muck.
COURT. Q. How had the first sheep been killed? A. He had cut its throat with a penknife; it had not been killed as I should have done it.
Cross-examined by MR. PHILLIPS. Q. You only found one dead, with its throat cut? A. No - in some cases I should have cut the throat of a sheep; I knew the prisoner, and knew where he lived - there was no secresy on his part - the sheep were marked with ruddle, which could have been clipped off, but the marks were left on the skin - there were no letters on the skin, only a mark down the back of the neck; I left the skins at the prisoner's.
ROBERT CURTIS . I am an officer of Union-hall. I went to the prisoner's house between nine and ten o'clock at night on the 11th of May; I did not go to look for sheep, but I found some sheep there, one in the passage, one in the yard, and another in the shed; I then went to the back of the premises, and saw five sheep skins hanging on the pales at the bottom of the garden - I asked him if they were the skins of the sheep whose carcases I saw hanging up; he said they were - I asked where he got the sheep; he said he bought them opposite his own door on the Wednesday, about ten o'clock at night, of a person whom he did not know, but who had the appearance of a drover - he said the man had a drove of about fifty, but there were only five for sale, and said he gave a guinea a piece for them - I was not satisfied, and took him into custody; these are the skins of the sheep - I have been a butcher; they were what we call tags, not fit to kill.
Cross-examined. Q. At what time did you go? A. Near ten o'clock at night - a person passing by the premises could not see them; I saw them by the light of a candle; the skins have the marks on them - there is one house to the left on entering his premises, and one on the right - there are a number of houses about it; the rails on which the skins hung, might be seen from some of the houses in the day time - they hung with the flesh side outwards.
GEORGE TRUMPER. I am a farmer, and live at Norwood. I purchased some one year old South-down wether tegs in April, and gave them to the care of my shepherd; they were not fit to kill - they were poor tegs; the prisoner's house is nearly seven miles from my farm - sheep can be driven two miles or two miles and a half in an hour - I saw the skins, and firmly believe they are the skins of my sheep; these are them.
Cross-examined. Did you ever deal with ticket butchers? A. No; I know there are such persons - I bought these sheep to fatten; they are not mutton till they are two years old - this mark might have been cut off, but it goes down to the skin.
Prisoner's Defence. If I had thought it had been wrong I had no occasion to have let the officer see the skins, for my skinman called the day before, and I might have let him had them.
WILLIAM GILL . I was examined on this case in the other Court - I live forty or fifty yards from the prisoner's. On the 10th of May, between nine and ten o'clock in the evening, I was standing at my own door, and saw three persons standing in front of a flock of fifty or sixty sheep - I thought I knew the prisoner to be one of them by his jacket, and when he made a snatch at one of the sheep it ran towards me, and then I was confident it was him - there are not many houses about the place; I suppose about fifty - I then went into my house; I gave the same evidence on the last trial before the Judge.(See page 623).
MR. CHURCHILL. Q. Did you not then say your house was opposite? A. No; it is between forty and fifty yards from it - I will swear it is not one hundred yards; I have had a surveyor to measure it - I was spoken to to come as a witness last Wednesday - I had not said any thing about it before; I heard of the prisoner's being taken on the 11th of May, but I did not mention this; I should have gone to Hicks'-hall, but I did not think it was so serious a charge - I did not hear that the prisoner was in gaol for stealing sheep till last week, when I saw it in the newspaper; I heard, in the course of a week after, that he was in gaol for buying stolen sheep, but I did not mention it till last week to Mr. McDuff - I went to him voluntarily; I had no communication from any one.
CHARLES McDUFF . I am the prisoner's solicitor, and have been so for seven years; I paid him 20l. the day before he was taken, and I believe Mr. Gill has been at my house with him - he came voluntarily to my son, and gave information.
JURY to MR. TRUMPER. Q. Have you any land joining to the road? A. They were nearly a mile from the Uxbridge road.
MR. CHURCHILL. Q. How far is Mr. Gibbs' from the prisoner? A. One hundred yards, or nearly so.
NOT GUILTY .
Second Middlesex Jury, before Mr. Sergeant Arabin.
THOMAS HOBBS KING (Police-constable N 248). On the 9th of June, I fell in with the two prisoners in Maiden-lane, about a quarter-past seven o'clock in the evening; one of them was in one field, and one in another - I saw Purvis crawl on his hands and knees, under the hedge, and then they both came out of the fields, and walked up the road - they then went into Cut-throat-lane, about three-quarters of a mile up the road; I there saw Purvis with his coat and waistcoat off, and he was putting on a striped shirt over his own shirt - I took them back, and in going back, Purvis said he had committed a robbery that would transport him, that he had robbed a poor laundress of eleven shirts, and two handkerchiefs - he told me to go and look under a bush, and I should find eleven shirts and a handkerchief in his flannel jacket; I went and found them - there was nothing found on Eather.
MARY SPILLER . I am the wife of Robert Spiller ; these are the property of persons I wash for. On Friday night I asked Purvis, who lodged in my house, to take this bundle of linen home, the next morning, to Holborn; when I got up, in the morning it was gone.
Purvis' Defence. I got up at four o'clock, to take them home; I met my fellow prisoner as I was going along - we got nearly tipsy; I then thought I had better not take the things home then, and went to hide them - I went in the evening for them, and saw them safe; there was a man looking at me; I put them down, went on, and the officer took us.
NOT GUILTY .
Fifth Middlesex Jury, before Mr. Sergeant Arabin.
JOHN FULLER. I live in Paternoster-row, Spitalfields , and deal in clothes ; the prisoner lodged ten days in my house. On the 13th of June I went out, leaving a teacaddy in my kitchen down stairs; it contained the money stated - there is a private door, at which the prisoner goes in and out; on my return I saw him coming out at that door - I went in, and saw the tea-caddy in a washing-tub, broken open, and all the money gone from it, but three farthings - I pursued, and asked him to come back; I brought him back - he asked if his wife was at home; I told him No, and then told him my suspician of him - he swore, and said that all the money he had was his own, and that was the truth; I gave him into custody - he then threw out some silver; the officer said he had some more, and in pulling it out, the half-sovereign came out with it.
ELIAS LEVY (being deaf and dumb, his evidence was communicated by signs). I live opposite the prosecutor. I saw the prisoner with the caddy in his hand; he opened it with an ivory handled knife, took out some money, and put it into his pocket.
Prisoner's Defence. I only went to see if my wife was at home, which she was not; I then went out again -I had taken home some work that morning, and received 2l. 5s. for it; I never saw the caddy.
GUILTY . Aged 58. - Confined Six Months .
WILLIAM HACKBLOCK. On the 9th of June, about nine o'clock at night, I was in Shoreditch ; I felt a pull at my coat - I turned, and saw the prisoner putting my handkerchief into his bosom; he ran off, and I followed him - just before I caught him, he threw the handkerchief at my feet.
Cross-examined by MR. DONNE. Q. Was any other person with him? A. No.
The prisoner received an excellent character, and a witness engaged to take him into his service.
GUILTY. Aged 18.
Recommended to Mercy . - Whipped and Discharged.
PHILIP LEVY . I live in Ratcliff-highway . On the 9th of June I was told my bellows were gone; I overtook the prisoner with them, about three minutes' walk from my house - she said they had been given to her; they were safe ten minutes before.
Prisoner's Defence. I met a woman, who said she was a bellow-maker's wife, and offered them for sale. I bought them for 1s. and a silk handkerchief, which I had round my neck.
GUILTY . Aged 30. - Confined Three Weeks .
WILLIAM SMITH was indicted for stealing, on the 13th of June , 1 sheet, value 4s. , the goods of Emily Langhorn .
PHINEAS BUTLER (Police-constable K 222). I was told that morning that three suspicious persons were gone down Three Colt-lane - I followed, and saw the prisoner and two others; the prisoner had this bundle in his hand: he threw it down and ran; I took him - he was close by the prosecutor's garden wall when I took him.(Property produced and sworn to.)
Prisoner's Defence. I met two lads, who asked where I was going - I said birds'-nesting; they asked me to wait, and they would go with me - I waited, and the officer took me.
GUILTY . Aged 18. - Transported for Seven Years .
JOHN PEMBERTON . I was at the Horse-shoe on the the 1st of June - I saw Thomas Weathersby there; he was drunk, and the prisoner sat close to him - I saw the prisoner take a watch from under the table, apparently from his pocket; he threw it under the bench, and attempted to put his foot upon it - a friend of mine seized him; he begged pardon, and said, "Let me go" - I had not known him before.
Prisoner. Q. Was you not going out of the house when your friend called you back? A. Yes; but there were two or three men cleaning my friend's coat, and I thought you belonged to them - I asked you to drink; I had seen the watch in the prosecutor's pocket before.
Prisoner's Defence. The watch laid under his feet, and if I had meant to rob him, I might have gone away with it.
NOT GUILTY .
EDWARD WILD (Police-constable M 133). The prosecutor's house is in Chiswell-street - I saw the prisoner on the 9th of June; I watched, and saw him take the piece of printed cotton off an iron bar - he put it into his apron, and went towards Finsbury-square; I took him back to the shop.
GUILTY . Aged 19. - Confined Six Weeks .
ROBERT JONES . I am a shoemaker, and live in Laystall-street. On the 21st of June the prisoner brought me two odd new boots, and offered to sell them - I said if he would leave them I would think about it; I got an officer, and when he came again he was taken.
Prisoner's Defence. I met a man who said he had a duplicate of a pair of boots, and if I would go and sell these other boots, he would give me the duplicate.
The prisoner received a good character.
GUILTY . Aged 19. - Confined Three Months .
SAMUEL HAYWOOD (Police-constable S 144). I was at Somers'-town on the 5th of June, and saw the prisoner put his right hand within his waistcoat - I went and asked what he had got; he said a pair of shoes he brought from home - I said, "Are you sure of that?" he said, Yes; I said, "You must go and prove it" - I took him to the station, and went to his mother's and asked if she had lost a pair of shoes; she said Yes - I asked her to describe them, and she described another pair; I afterwards found the prosecutor.
GUILTY . Aged 13. - Transported for Seven Years .
1593. ELIZA REAY was indicted for stealing, on the 19th of May , 68 yards of silk, value 6l.; 36 pairs of gloves, value 30s.; 2 dresses, value 6s.; 21 yards of printed cotton, value 17s., and 14 yards of calico , value 8s., the goods of William Holland ; and ROBERT REAY and SARAH, HIS WIFE , were indicted for feloniously receiving the same, well knowing them to be stolen .
WILLIAM HOLLAND . I am a linen-draper , and live in the Commercial-road . Eliza Reay has come to my shop repeatedly, with another girl - I missed these articles, and on the 19th of May I missed this silk - she and the girl came to my shop; I was called to take my dinner - I left two young men in my shop - when I returned a woman gave me some information; I went to a pawnbroker, and found some of the articles - I then went to Robert and Sarah Reay's house; they are the parents of Eliza Reay - they were not at home - some things were found there, and, among the rest, two gown-pieces, which are mine - I merely said it was a pity that they should let the girl go on so.
Cross-examined by MR. CLARKSON. Q. Have you any partner? A. No; the man and his wife live a very short distance from me; I had seen the girl before, but I did not know them; they may have been in the shop.Eliza Reay , at different times.
WILLIAM DAVIS (Police-constable K 254). I went on the 21st of May to search Robert Reay 's house - we found Eliza Reay, and took her into custody - on the same day I went to the pawnbroker's, and found part of the property; on the day following I went to the prisoners's house again, and found these two dresses, some calico, and some articles belonging to another person - the father and mother were then in custody; on the 24th I searched the house again, and found some silk in a chimney of a furnace; it is a part of what was lost on the 19th of May.
MR. HOLLAND. I have no doubt this silk, and the other property is mine - the father and mother were in prison when the silk was found.
Cross-examined. Q. Should you not have missed these articles if they had gone altogether? A. We missed them at different times - they could not all he taken at once; two might go at a time; three dozen of gloves were lost, and part of them have been found.
WILLIAM DEAN. I am a carpenter. I saw Sarah Reay bring a bundle out of the furnace one day, and take it to the pig-stye - she went afterwards and got it out again.
E. REAY - GUILTY . - Aged 13, Of stealing the silk only.
R. REAY - NOT GUILTY .
S. REAY - NOT GUILTY .
JABEZ RANWELL . I am a linen-draper , and live in Bedford-place . The prisoner was continually coming to my shop for small articles, and I have missed goods; on the 19th of May she came to my shop, and a few minutes after she was gone I missed the articles stated all at once.
Cross-examined by MR. CLARKSON. Q. Had you known her before? A. No, but I swear she is the girl.
Cross-examined. Q. Did you know her before? A. Yes.
(Property produced and sworn to.)
Prisoner's Defence. I went with Cantrill to the corner of Bedford-street; she said there was some diaper -I said, I would not take it, I had no place to put it in; she said, "You can pawn it," and we took it.
SOPHIA ELLEN CANTRILL . I was bound over to appear against the prisoner, and made a confession of what I had done - the Magistrate bound me over; I never saw her take any thing - I went to the prosecutor's house on a Friday, and on Saturday the prisoner asked me to pawn the diaper - she told me to ask 7s. for it; they would lend but 2s. - I took it back to her; I never got any money for pawning things for her.
GUILTY . Aged 13. - Transported for Fourteen Years .
JOSEPH BRETT . I am a butcher , and live in Church-street, Bethnal-green . On the 5th of June I lost some mutton from the stall-board, in front of my shop - I had seen it safe about twelve o'clock; I have seen it since, and produced the pieces which matched it.
ROBERT MOORE (Police-constable H 52). I took George James Reed into custody about one hundred yards from the prosecutor's shop, with a piece of mutton; I went with another officer to Whitechapel, and took the female prisoner.
WILLIAM MONKTON . I found the mutton in a bundle, with some other property, on George James Reed - I had seen the two prisoners on the opposite side of the street to the prosecutor's shop, about a quarter past one o'clock; while I was looking at the bundle, three women, who were there, got away - I cannot say that the female prisoner was one.
MR. BRETT. The mutton this witness found was mine; my nephew serves in the shop, but he is not here.
NOT GUILTY .
WILLIAM MONKTON . I am a butcher , in Church-street, Bethnal-green . On the 5th of June I was at my door, and saw George James Reed coming from a public-house, with three women - he had a bundle tied in a shawl - I followed, and stopped him, as I had missed the piece of beef from my shop; he began to cry, and said, "I did not take it, it was my mother;" he said she was gone down a turning, but having no one to mind my shop, I could not go after her - I found my beef in the bundle, with the mutton.
ROBERT MOORE . I took the boy from this witness - he told me his mother took the meat, and where she lived; I went to her - she said she stole the beef, and the bacon, and she hoped I would not transport her.
NOT GUILTY .
NOT GUILTY .
Prisoner's Defence. I bought them two or three months before, of a person who was taken ill, and wanted to return to the country; I did not know they were stolen, or I should not have sent to the prosecutor.
MR. BUTCHER. These are my shoes, the prisoner's daughter was in my service, and she went to her mother every day; the prisoner came to my house sometimes.
NOT GUILTY .
WILLIAM GRANT. I am a serjeant in the 1st Battalion of the 1st Guards . On the 30th of May, I received a 10l. Bank note from Serjeant Brooks' to get change -I went to Mr. Pitt's, but he had not the sort of change I wanted; the note was then given to the prisoner to get change at the next house, Mr. Morrison's, a baker: he went there, returned, and said he could not get it there, but they had referred him to a place at the top of the street, where by making use of their name, he might get it - I believe he mentioned the person's name, and said he could have as much change as he liked; Mr. Pitt sent him there to get it, and he never returned - this was on a Wednesday, and on the Saturday afterwards I saw him in custody.
Prisoner. Q. Can you remember what I said when I came back? A. Yes - nothing was said about leaving the note and calling again.
COURT. Q. Was any authority given him to leave that note in pessession of any other person? A. No; I waited ten minutes, and then I left word with Mr. Pitt, that if he came he was to leave word at the barracks gate, as I had to attend parade - I went afterwards to Mr. Pitt, and found he had not returned.
JOSEPH PITT . I keep the George public-house, in Castle-street, Leicester-square . The prisoner had been brought to my house by a corporal of the Coldstreams, as a recruit ; when the serjeant came to me for the change of the 10l. note, I could not give it him - I said my son and my man were both out, but this young man had been brought to me as a recruit, and if he chose, I would send him next door - it was agreed to: he went, returned, and said Mr. Morrison could not give change, but if he went to the hotel in the street, in their name, he could get it; the serjeant and I consulted for a moment, and we agreed to let him go: he went and did not return - I followed him down to Oxford, but he could not he found; and when I returned on the Saturday, a serjeant of the Fusileer guards had detained him: he begged not to be brought to my house, and he was taken to another public-house -I went to him there, and asked where the 10l. note was; he said if I would wait till night he would make it good - I asked what money he had to give me; he said two half-crowns, but at the station 3l. 15s. 9d. was found on him, in my presence.
Prisoner. Q. Did I not offer to leave the note, and go and see if they had change? A. No.
GEORGE DISMORE (Police-constable 15 A). I took the prisoner at a public-house in Whitcombe-street - I found the 3l. 15s. 9d. on him, a pair of gloves, a pair of stockings, and two pairs of spectacles.
ANN MORRISON . I live with my father, John Morrison, in Castle-street, Leicester-square, next door to Mr. Pitt. On the 30th of May such a man as the prisoner came for change for a note - I cannot be positive that he was the person; I said I could not give change, but I did not direct him to go any where for change - I was there the whole of that day, and saw but one man come for change.
GEORGE DISMORE. As I was taking the prisoner to the station, he said he should not attempt to deny it; and when before the Magistrate he said he had received the note from Mr. Pitt, and had met some person to whom he owed some money, who had threatened that if he did not pay them they would hand him over to the Police, and not knowing what to do, he had absconded with the remainder of the money.
Prisoner's Defence. Mr. Pitt stated before the Magistrate that I had offered to leave the note, and I considered that a superior point in my favour; as to my making the statement the officer represents, I deny it altogether - I know I received it, but without any intention to steal; I met a man to whom I owed a sum of money, for which he demanded payment; I requested him to take a part of the money, which he did, but I told Mr. Pitt that there was a person or two coming from Manchester who would be of service to me, and I should he able to repay it - after I had paid the money I went to Knightsbridge, feeling conscious that I should be able to make up the money on Sunday.
JURY to MR. PITT. Q. When the prisoner came from Morrison did he return the note? A. Yes; he put it on the counter, and said Miss Morrison could not change it, but he might use their name at the hotel.
Prisoner. Q. Did I not say I might possibly do it by making use of their names? A. No; you said if you made use of their names you could get it, and I woundered why my name was not as good as their's.
GUILTY . Aged 22. - Transported for Seven Years .
1600. JOHN DYER was indicted for stealing, on the 27th of June , part of a pocket, value 4d.; 2 knives, value 2d.; 2 handkerchiefs, value 9d.; 2 pin-cushions, value 1d.; 2 thimbles, value 1d., and 1 needle-case, value 2d., the good of John Carver , from the person of Mary Carver .
MARY CARVER . I am the wife of John Carver , a tinman , and live in Grey's-place, Fulham-road. On the 27th of June I went to the Canteen, in Portman-street barracks , to look after a person who owed me some money; I sat and drank with the soldiers, but did not get drunk.
Q. Is not this your name and hand-writing to the deposition, in which you state that you got very drunk, and
ELIZABETH HOLLAND . I am ten years of age, and am daughter of Mary Holland , who keeps the Canteen, in Portman-barracks. I saw the prisoner and the prosecutrix in the tap-room, sitting in one of the boxes; I saw the prisoner lift up her gown, and cut her pocket off with a knife - my mother sent for the corporal, and he was taken; he said it would be all right.
Prisoner. Q. Was she drunk? A. Yes, very drunk - I saw her on the floor; I do not remember seeing you pick her up.
THOMAS UNDERWOOD . I am a corporal in the 2nd battalion of the First Guards. I went to the Canteen, and saw the prosecutrix on the floor - the prisoner was helping her up; I took him to the guard-room, and while he was unbuttoning his coat by my orders, this pocket fell from his bosom - there was nothing in the pocket; he said it would be all right; he had some halfpence and a handkerchief in his cap; I went back to the tap-room, and found a handkerchief, three thimbles, a small key, one halfpenny, and one farthing - the prisoner had been drinking, but was very little the worse for liquor.
WILLIAM HOOKER (Police-serjeant 3 D). I was sent for, and the corporal delivered these things to me at the station - the prisoner whispered to me that one of them held the pocket, and the other cut it off, and it was all done out of a bl-y lark, and he was in for it all.
NOT GUILTY .
GUILTY. Aged 16.
Recommended to Mercy by the Jury and Prosecutor, on account of her youth, and the bad example set by her mother .
Fined 1s. and Discharged.
ELIZABETH HILL . I am the wife of James Hill, a bootmaker , who lives in Crown-street, Soho. On the 16th of June I was in Broad-street, St. Giles' - I met the prisoner and another woman, who were strangers; they told me they had been out on the drink the whole week, and asked me to give them something to drink - they appeared sober - I went to give them a quartern of liquor; I had some knowledge of their faces before, but had not been in their company ten minutes - while I was paying for the liquor I put a basket which I had in my hand, containing the gown and some other things, on a butt, and the gown was whipped out of the basket; I did not see the prisoner again till the Monday morning following, when I met her near the Seven-dials, and gave her into custody - she said she had pawned it for 2s.; I did not authorize her to do so.
Prisoner. Q. How much gin did we have there? A. Only one quartern; I went with another person in pursuit of her, and then we had another quartern - she said, "Come with me to the pawnbroker's, and testify," meaning, I suppose, to be a witness that it had been pawned by my authority; I had not taken any liquor all day till I had a little with them.
Prisoner. Q. Did I not say she went with me, and gave it me at the door? A. No, you did not; you said you pawned it in the name of Stevens; I did not; find any duplicate on her.
JAMES NEIGHBOUR . I am shopman to Mr. Wells. On Saturday evening, the 16th of June, the gown was pawned by a woman; I do not know whom - I saw the prosecutrix there that evening, drunk; I cannot tell whether it was before or after the gown was pledged - she called to know if it was pawned, and we said we would look on the Monday morning, when she was sober; I am not able to say whether she herself pawned it - she has pawned things there, and generally in the name of Stevens; I do not know the prisoner.
ELIZABETH HILL. I solemnly swear that when I lost it I was sober; but going round with different people I drank a little more than I am used to do; I never authorized the prisoner to pawn it.
Prisoner's Defence. I met the prosecutrix so drunk that she did not know me, though we had lived in one house together, in Charless-street, Drury-lane; she had hold of a woman's arm - we went to a shop three doors from the pawnbroker's, and had two quarterns of gin; she then said, "I have a gown in my basket - I shall go and pawn it;" she took me to the pawnbroker's door, and got me to pawn it for 2s.; we went back, and had another quartern of gin - she had the duplicate, and the rest of the money.
NOT GUILTY .
WILLIAM WELLS (Police-constable G 79). At four o'clock in the morning, of the 29th of June, I was on duty in Leather-lane; I saw the prisoner in the George and Dragon-yard , with a bundle and a great coat on his back; he was running towards the gate, which I had closed - he then threw off the coat, threw down the bundle, and said, "Don't meddle with me for God's sake! remember my wife:" I took him just by Holborn, and told my brother officer to go, and get the bundle and coat - these are the articles which were in the bundle.
Prisoner. Q. Will you swear I had the coat on my back? A. Yes; I pursued you - you were taken close against me: I was within two yards of you.
RICHARD SMITH . I am ostler at the George and Dragon. These are my property, and were safe in the stable the night before; the officer called me up in the morning - I found the padlock hanging to the chain of the stable door; it had been safe the night before.
Prisoner's Defence. The officer opened the bundle, and took the coat out of it, and now he says I had it on -I met a man, who asked if I would earn a shilling or two; he said if I would go with him up the yard he would give me something to carry, and at ten o'clock in the morning he would pay me - he gave me the bundle.
GUILTY . Aged 29. - Transported for Seven Years .
PETER JENNINGS (Police-constable T 77). I met the prisoner in a lane leading to Brentford, on the 1st of June, at five o'clock in the morning; I felt his pockets, and felt something hard - I found the ducks in his pocket; they are still alive; he said he got them from his uncle - there were seven of them.(Property produced and sworn to.)
Prisoner's Defence. I was going to get cresses, and met the ducks half a mile from the farm.
GUILTY. Aged 21.
Recommended to Mercy . - Confined Six Months .
GUILTY . Aged 21. - Confined Six Months .
OLD COURT. TUESDAY, JURY 10.
Second Middlesex Jury, before Mr. Justice Gaselee.
SECOND COUNT, for uttering the same, knowing it to be forged, with a like intent.
MESSRS. ADOLPHUS and PHILLIPS conducted the prosecution.
JOHN ROWLAND DURRANT . I am one of the firm of Hazard and Co.; Mr. Hazard is living, but not now in the business - I carry on the business as a stock-broker , at the Royal Exchange; Mr. Hazard was a nominal partner in 1822, when the lottery in question was drawn; the firm consisted of John Henry Hazard and two others - I have no partner now.
HENRY PUNTER . I am a clerk in the officer of Hazard and Co., under Mr. Durrant. On Monday, the 18th of June, the prisoner came to the office, at the Royal Exchange , in company with Mr. Hargood, from the Stamp-office, and presented to me at the counter, this share of a lottery-ticket; I think Mr. Hargood presented it, but he took it out of the prisoner's hands to do so - on looking at it, I could not very well make it out, and the prisoner offered me a magnifying-glass from his pocket to look at it; I perceived that it was not a proper share, before I went to look at any book, and asked the prisoner who had been altering the share - his answer was, "I have not; - I did not do it - it is as I found it, wrapped up in some brown paper, along with two 10l. Bank of England notes, in the same mutilated state in which I cut it out of a hammock belonging to my brother, who died in the West Indies," and that the notes had been taken to the Bank and exchanged; he presented another share, at the same time, belonging to Bish.
Q. Look at the left-hand corner of this half-share, and tell me what number it is? A. E 2158; that is what is called a check number, put on by the lottery-office keeper, and is the only check we have - there never was so high a number put on a half-share in our office, not of that lottery, nor for many before; I have examined the books, and find the No. 2158, refers to a ticket which was drawn a blank - I am certain this ticket is a forgery, and that it is a madeshare of several pieces; the number of the share is 7839, and under the figure 7, on looking with a glass, I think their appears the round part of a 5 - there was a ticket of that letter, No. 7839, which was drawn a prize of 10l., and being the first drawn prize on the second day, was entitled to 20,000l. more; that was shared into a half, one-eighth, and two sixteenths, which shares were duly paid, about a month after the drawing, ten years ago - I sent for Mr. Durrant, who came in, and spoke to the prisoner, in my presence; I was also present the following day, when the prisoner came with what he termed a professional geteleman, and a third person.
Cross-examined by MR. CLARKSON. Q. The prisoner not only came with a clerk from the Stamp-office, but brought you a glass to discover what the ticket was? A. He did.
MR. DURRANT. On the 8th of June I received a message, and went to my office, and saw the prisoner - I looked at the paper, and said, "Who has been at work at this?" he said, "I don't know, it is as I received it," or "as I found it, in a hammock, which came from my brother, who died in the West Indies; he worked his passage out, and is supposed to have made property there - he died there, and all I have received from him was this hammock;" I observed that the thread the share was sewed together with, appeared newer than the share - he said he did not know, it was just as he received it; I asked what he did with the hammock - he said he had no occasion for it, and sold it; I asked to whom - he said, "I don't know," or "I cannot tell;" I said, "I will give you an opportunity of doing youself justice, you shall seal up the share, and bring any person you please to advise with you on it;" he sealed it with a key, and asked me at what time he should come again - it was agreed he should come between eleven and twelve o'clock the next day, which he did, with a person named Oakley, who demanded the share, which I refused; I agreed that it should be sealed again by a gentleman present, and that Bloice should write his name on it - I offered to go before a Magistrate with him, if he chose; he declined - he said he presented the share to know what it was, and
Cross-examined by MR. CLARKSON. Q. Do you remember stating at the Mansion-house, that there was a great deal of hesitation in the prisoner's manner, when he spoke of its coming in a hammock, & c.? A. There was some hesitation; I had not told him it was a prize - he never told me he should summon me to the Mansion-house; he went there by appointment of my solicitor-Mr. Hobler has told me I was not entitled to hold the ticket.
HEZEKIAH HARGOOD . I hold a situation in the Stamp-office, Somerset-house. On Monday, the 18th of June, the prisoner came to the office, to have two lottery-shares examined, which is in the course of my business - it was a half and one-sixteenth; I examined them attentively with a magnifying-glass, and said I thought that one was a prize; that I had doubts as to the number, but if it was the number, it was a prize of 20,010l. - he did not express so much surprise at this as I should have expected; I went with him to Hazard's office.
Cross-examined by MR. BODKIN. Q. The numbers, I believe, are scarcely legible? A. Scarcely; our's is the proper office for persons to apply at respecting tickets - if it had been a whole ticket, I should have discovered the fraud; the prisoner brought the magnifying-glass with him - I told him the number was doubtful; the secretary came in while he was there - I showed it to him; I rather think the prisoner did not see me do that, as I was at my desk, and we were rather separated; I told the secretary that a most delapidated share had come in, and I thought it better to accompany the bearer to the office; the prisoner agreed to go with me.
COURT. Q. If it had not been paid, the holder could not have recovered any thing at your office? A. No, we only pay whole tickets.
WILLIAM BLACKBOURN . I was present on Tuesday, the 19th of June, at Mr. Durrant's, when the prisoner was there - two other persons were with him; one of whom said he was his attorney, and left his card; it was not Mr. Holbler - the prisoner said he brought the ticket to know what it was, and if any thing belonged to it, to receive it.
THOMAS WILBY . I was clerk to Messrs. Hazard's, but am now not in business. On the 18th of June I was at the office, when Bloice and Mr. Punter were there -Bloice said his brother went out to the Indies, as a sailor, and worked his passage out - that he died there; that he had set up in business, and he had no doubt had laid up considerable property, if he could come to the truth of it; I asked why he did not make some inquiry about the property - he said he had made inquiries, and could learn nothing further, than that a hammock had been sent over, and when he cut it open, it the presence of his wife, who was the only person present, he found in it these two tickets, and two 10l. notes, which were sewed together in the like manner, as these tickets are - he was asked what he had done with the notes; he said he had got them changed, he had got a friend to change them at the Bank, and had sold the hammock - he did not know to whom, or where; I am sure he said it was his brother's hammock.
WILLIAM WATSON . I am porter to Mr. Durrant. I fetched him from the Bank, and was present on the Tuesday when the prisoner came, with others; I heard him say, on the first day, that the two shares, and the two bank notes, were found in the hammock, which he had from his brother, in the West Indies, who was a sailor; that they were wrapped in brown paper, and sewn in the hammock, and he got the 10l. notes changed at the Bank. Mr. Wilby was there.
JOSEPH MATTHIAS . I am a glass engraver, and live in Red Lion-street, Christchurch, Middlesex. I know the prisoner - before he was taken I went with him to a public-house, in Brick-lane; he told me he had presented two lottery-tickets at Somerset-house; that one was a blank, and the other a prize of 20,000l.; that he went to Hazard's to claim the money (or for the money) but had not got it; I asked where he got the tickets; he said he had buried a friend of his; that there was no money to pay the funeral expences, and he took the man's effects, and among those things there was a cow-hair mattress; that having a family he ripped it open, to re-dress it, and in so doing he found these two tickets sewed to the ticking inside; that he had had them by him some time, and something latterly had occurred in the House of Commons, which enabled people to enquire about lottery-tickets, at Somerset-house; he said nothing about finding it with Bank-notes; nor did he intimate that he had found them in a hammock of his brother's.
Cross-examined. Q. Did he not say something about going to be hung? A. He said when he presented them at Hazard's office, he had a conversation, and he thought then that he was going to be hung; he said this in a jocular way; he asked if I had not heard what passed - I said No; then followed a conversation about being sent to Newgate, and about being hung; he said he presented one-sixteenth at Bish's, and it was a blank: I have been intimate with him for two years; he is a carpenter and undertaker, on his own account, in a small way, and lives in Little Somerset-street; I was never at his house; we are members of the same benefit society.
ANTHONY LUCAS . I keep a public-house, in Somerset-street, Aldgate. The prisoner came to my house ten weeks or two months ago, and said he had been burying a corpse, and, among other things, he had a chest of drawers and two lottery-tickets.
Cross-examined by MR. BODKIN. Q. Are you a little hard of hearing? A. A little - the conversation was not with me, it was said in the tap-room; I paid no particular attention to it - there were nine or ten people there.
MR. DURRANT. This apparent share is not as it was issued, it has another paper pasted on the back, and the paper is broken or torn, exactly in the same place as the share appears broken or torn - the thread appears newer than the paper; that, and more particularly the check number, induced me to suspect it was forged.
Prisoner's Defence (written). My Lord and Gentlemen of the Jury. - I am a man in very humble circumstances of life, and I am quite incapable of committing the act charged on me; the evidence for the prosecution has diclosed to you that this lottery-ticket was in my possession - and I have much to regret
JACOB DAY . I am clerk to Mr. Barber, of Chester-quay, Lower Thames-street. A man named Banks was in his employ - he died last year; I cannot recollect the month; I was employed by Mr. Barber to see Banks interred; I employed Bloice to do it; he made an agreement with Mr. Barber to do so - I saw Banks' goods at the place where he lived; I cannot tell the name of it, but it was some where close by White Lion-street; he had a mattress among other things; he had no money, and Bloice had the mattress and other things for burying him.
MR. ADOLPHUS. Q. How long had you known Banks? A. Many years; he might have been there ten or fifteen years; he was a labourer; he had no relations that I knew of; I was never at his house till after his death; he had about 18s. a week, I suppose - I never knew him have 10l. to give for half a lottery-ticket; it was a very old mattress indeed, and torn - I believe Banks could read; I never saw him write; I told the prisoner Mr. Barber had sent me to him; I never heard him say he had any thing in the mattress, nor that he had a brother in the Indies.
JOHN BARBER . I am nephew to Mr. Barber of Chester-quay - he had a man in his employ whom they called Will, the cooper; I have since as certained his name was Banks - he died in April, 1831; the prisoner was employed to bury him - I did not myself make any agreement with him: I sent him a message, in consequence of which, he possessed himself of Banks' furniture.
MR. PHILLIPS. Q. Do you know of his having the furniture except from what you have been told by others? A. I was not present at the original bargain, but was afterwards - Day said he had a friend an undertaker; I wished him to enter into an agreement about it - I saw the prisoner myself afterwards; Banks lived somewhere near Ratcliffe - he had been in our service nearly nine years; be could read and write - he had 18s. a week at the time; we did not board nor lodge him; I never saw him with so much as 14l., nor with a lottery ticket.
MR. CLARKSON. Q. What arrangement was made with the prisoner? A. That he should take the furniture and other trifling articles, and receive 30s. to bury the man decently.
JOHN LODGE . I lodge in Leman-row, Goodman's-fields. Banks lodged in my house; he worked for Mr. Barber, and died in April - he had some little furniture, which I delivered to the prisoner, who buried him; there was a mattress, and he had that.
MR. ADOLPHUS. Q. How long had Banks lodged with you? A. Nearly two years - he brought the mattress with him; I heard nothing about a lottery-ticket being in it.
WILLIAM DODDEN . I am foreman to Mr. Harman, undertaker, Shoreditch - we furnish for Blois. In April, 1831, I took a coffin for Blois to Leman-street, Goodman's-fields, for Banks; I understood from Blois that he was to have the furniture - I heard from him, about ten months ago, of his finding two lottery-tickets; I have known him four years.
MR. PHILLIPS. Q. Where has he been living during the four years you have known him? A. He lived in Little Somerset-street, Aldgate, part of the time; I was intimate with him.
Q. Could he be four months in Whitecross-street prison for debt, within the last ten months, without your knowledge? A. He possibly might, or within three months - I think I was never more than a month without seeing him; I have not been so intimate with him till latterly; I will not say that I saw him in May.
COURT. Q. Did you ever see him with any lottery-tickets? A. No.
WILLIAM SINDERBY . I live at Derby-row, Kingaland, and am an auctioneer. I saw these lottery-tickets in the prisoner's possession about nine months ago; he showed them to me, and asked what was to be done, to ascertain whether they were prizes or not; I told him the best way was to apply at Somerset-house - he told me how they came into his possession; I went with him to Somerset house, and was informed the books belonging to the Lottery-office were gone (I think to the Treasury-office), and in all probability it might be a fortnight, three weeks, a month, or two months, before they would be returned; I have not been to Somerset-house with him since - I met him six weeks or two months ago, and he asked when I would go again with him; I said at any time that was convenient to us both - I have not seen him since; I have known him seven or eight years - he bore a respectable character.
MR. ADOLPHUS. Q. It was nine or ten months ago that he showed you the ticket, did you then go with him to Somerset-house? A. It was on the road there he showed it to me - I did not examine them, and cannot say whether Hazard's name was on them; I do not know whether I saw him in May; when I saw him, about five weeks ago, he did not tell me he had just come out of Whitecross-street; I never heard it before - he did not tell me he found them in a hammock of his brother's, which came from the West Indies; I did not take them in my hands - I saw they were stitched with thread; I consider these are the same, from the state they are in - he read no part of them to me.
MR. BODKIN. Q. What did he tell you about finding them? A. he said be buried a young man, who was clerk to some respectable house, and that the master had given him the furniture and some trifle of money in payment, and on opening the mattress he discovered a paper parcel, containing these notes; I cannot pledge myself to his precise words - I was at the Mansion-house when he was committed.
MR. ADOLPHUS. Q. Did you tell him it was his duty to go to his employer, and show him the papers? A. I did not.
MR. PHILLIPS. Q. I will be obliged to you to fix, as near as you can, about what time you saw these tickets? A. About the latter end of May, or beginning of June; I had them in my hand - I merely saw the name of Hazard on one, and Biah on the other; I did not go to Hazard's; he did not state how he came by them at Durrant's, in my presence - Mr. Durrant told me he had said he found them in his brother's hammock - Bloice was there, talking to somebody; I do not suppose he heard that; I was surprised, and I think I told Mr. Durrant that was not the correct story - I have been Bloice's attorney about three years; he is a carpenter, and worked for us - I had a suit pending for him in May last, and which is still pending; he was at my office repeatedly about that period; I cannot be certain to the month of May, it might be May or June - I saw him about that period; I am speaking of last year - I do not think I saw him last May, and do not know where he was; I had seen him about three months before the 19th of June - the law-suit is still pending, but I had no occasion to see him - he was very poor; he never told me he had come out of Whitecross-street on the 25th of May, this is the first I have heard of it - I had no affairs to settle for him there; the tickets were exactly in the state they are now - I observed no difference in the colour of the thread and the paper; I looked at that particularly at Hazard's - I cannot form an opinion on the subject - the thread does appear whiter and newer than the paper - I advised the prisoner to go to Somerset-house when he passed that way, and not to go to the office; I do not know of his having a brother in the West Indies.
MR. CLARKSON. Q. Your acquaintance began by employing him as a carpenter? A. No, he employed me first.
CHARLES COLE . I am a clerk to Mr. Gibson, merchant, Great St. Helen's, and knew the prisoner. I never saw these tickets except at the Mansion-house: he made a communication to me nearly twelve months ago about two lottery-tickets, and said how he got them.
MR. ADOLPHUS. Q. Did you ever know him in prison for debt? A. Yes, I heard of that - he asked me, about twelve months ago, to go and inquire for him about the tickets, but I did not; I never advised him to go and get the money for them - there was nothing to hinder his making inquiry himself.
JAMES DAWSON . I am clerk to Mr. Myers, an ironmonger, of Whitechapel-road. The prisoner made a statement to me last year about some lottery-tickets - I think it was in the latter end of April; he told me how he came by them.
Cross-examined by MR. PHILLIPS. Q. Did you see the tickets? A. I did; I think it was about the middle of May - I did not see the name of Hazard on them; he was on one side of his work-bench - he merely took out his pocket-book, and said, "These are what I have taken from an old mattress;" he did not ask me to go with him to the lottery-office - I am sure this was not in March; he had his pocket-book in his hand, and they were laying in the book - I saw them, but cannot say whether they were in the pocket of the book or not; I saw there were two of them; they appeared to lay flat, and to be very old - I said, "They appear to be like old country Bank notes, and I would advise you to look after them;" he told me something about a funeral the latter end of April, and in May he first spoke about the tickets.
EDWARD STAMMKRS. I keep the tap at the Blue Boar, Aldgate. The prisoner made a communication to me about some lottery-tickets; I should think it was twelve months ago, more or less - he stated how he became possessed of them.
MR. ADOLPHUS. Q. Where were you? A. At my own house - he did not produce them.
MR. PHILLIPS. Q. Can you give us some notion about what time it was? A. I believe it was the day the Reform Bill passed the House of Lords - I am sure I saw him that day at my employers, Messrs. Wilsons', hatters, Walbrook; it was in May - he did not caution me not to mention it; I am positive it was the day the Reform Bill passed.
ABRAHAM CARTER . I am a tailor, and live in Nassau-street, Middlesex-hospital - I am the prisoner's nephew; about twelve months ago, or rather better, he made a communication to me about two lottery-tickets, and how they came into his possession.
MR. ADOLPHUS. Q. Was it more or less than twelve months? A. I think it was about the beginning of June last year; I do not know whether he showed them to me, but he mentioned it about three times - I never knew he was in Whitecross-street prison.
MR. BODKIN. Q. Does any circumstance fix your memory on this transaction? A. I altered a coat and two pairs of trousers for him.
WILLIAM DANIELS . I am clerk at a distillery, and live in Mount-street, Middlesex-hospital. The prisoner mantioned to me about two lottery-tickets; I think it is thirteen or fourteen months ago - he told me how he found them; I did not see them.
NOT GUILTY .
Messrs. Robarts and Bayford gave the same evidence as in the trial of J. W. Throp, see page 652.
HARRY CHILD . I lodged at No. 24, Noble-street, Spafields, Wilmington-square. There was no other Harry Child in that house; I know of no other Noble-street in that neighbourhood; I have known the prisoner for years- the signature " Harry Child " to this deposition is not my writing - I did not swear to this deposition - (looking at a note), with the exception of "Sunday, 1831, and 9 tomorrow, Mr. Rose;" this is in the hand-writing of the prisoner - he gave it to me before the 6th of June; he handed it to me with a statement, requesting me to attend before the Proctor in the Ecclesiastical Court, and swear to the contents, agreeable to that paper - I knew his hand-writing well - (read).
"I saw Mrs. S. Lewis in St. Martin's-lane, near St. Martin's church, Charing-cross, on Sunday morning, the 25th of September, 1831, just before church-service; I knew her by seeing her two or three times at Mr. Rose's, Symond's Inn - I said,"You are in a hurry, Mrs. Lewis; "she said she was going to see her niece married - I asked who to; she said to Mr. Rose, but she was fearful she should be too late - I returned with her, and we both went in at the great entrance; Mr. and Mrs. Rose were then being married - Mrs. Lewis said she would not go up to the altar, as she was too late; I think the ceremony was over in about five minutes - Mrs. Lewis is about forty or fifty, of middling stature, and thin, dark, and pale; I do not know her further than seeing her frequently at Rose's, in Symond's Inn."
Q. Did you know of these circumstances? A. No, and I did not swear to them; I informed Mr. Knight's proctor of what was going on - this letter is in the prisoner's handwriting - (this was the letter produced on the trial of Throp;) before the 6th of June the prisoner stated to me that he had procured a d-d good fellow to go in and win, and it had cost him 4l.
Q. To go in where? A. In the cause of Rose against Knight, and he said, "When the thing is over we will have a d-d good tuck out," by which I understood a dinner.
Cross-examined by MR. BODKIN. Q. How do you get your living? A. By doing what I can;" I am an accountant - I am employed by many persons in difficulties, and think it improper to mention their names; I now live at No. 130, Holborn - I do not keep the house: I have an apartment, but there are so many rooms in it, I cannot say whether it is on the first, second, or third floor - I have been there five or six weeks; I may have slept on the first, second, or third floor - the person who keeps the house is in the Fleet prison; his name is Norris - I am perfoming some business for him, and the rent is a set off; I was to pay 7s. a week, and have the range of the house - I do not know on what floor I sleep; if you were in the house, you could not find you way out of it - it would puzzle you to say what floor it is; it is one of the oldest houses in London, and is curiously built - I will say it is the second floor; I was very intimate with the prisoner - I know Mrs. Rose, who lives in Great Russell-street, Bloomsbury; I was not present at their marriage, which I understand was in 1815 or 1816 - she lived with the prisoner till within these twelve months.
Q. The suit against Knight was for defaming the character of Rose's wife? A. Not of his wife, but of a female representing herself as Mrs. Rose; not the Mrs. Rose I mentioned - I never spoke to the female in question, in my life - I am personally acquainted with Mrs. Rose - I never justified bail in my life, or proposed myself, or provided other persons for bail; I had a conversation with the prisoner before he gave me the paper - he requested me to go with him to Mrs. Lewis, the mother of the person he represented as his wife - I did so, and she was out; he then requested me to go next morning to St. Martin's church, to swear to the particular situation of the church, and to see Mrs. Lewis, to identify her if she should be brought before me; I did not go to the church - I went to Mrs. Lewis' house, somewhere at the back of Queen-street, Long-acre.
Q. Did he mention to you his object? A. He did; he said he meant to fix Mr. Knight and ruin him - I immediately furnished the party with the information; this conversation was before I went to Strond, which was on the 23rd of June: the first conversation with him was at the commencement of the suit, about sixteen months ago - I returned from Stroud on the Sunday after the 23rd, and I think on a Monday I furnished Mr. Robart's with that document; my first conversation with him was many months before that - he then wanted this deposition made: I did not see Mr. Knight before I made the communication to Mr. Robart's, nor any person from him - I considered it my duty, as an honest man, to give information; I had no other motive: I was never accused of forgery or fraud - I was in custody for one night on a charge of felony; it was decided the following morning by the Magistrate: I have been accused of many things, and been many nights in custody.
GEORGE FELTON . I live at No. 24, Noble-street, Wilmington-square, Spafields. The last witness lodged there, there was never any other Harry Child lodged there: I have lived there from the beginning of February till now; he left about the latter end of May.
Cross-examined. Q. Do many persons live in the house? A. There are eight rooms, and eight married people lodge in the house; I lodged on the same floor as Child, on the first floor: his apartment was let directly after he left, to a person named Morris, who is still there; if Throp had lived in the house, I must have known of it - I never saw him till he was examined at Guildhall.
MR. ROBERTS. I was present at Throp's trial, and heard the prisoner examined on his behalf; he acknowledged both these papers to he his hand-writing, and said he was present when Harry Child consented to Throp's going before the surrogate - I saw Throp sworn; the prisoner was present at the time, and I saw him at the Examiner's office on the 6th of June - he conducted Throp to the Examiner's office for his deposition to be taken; I do not know whether he was present when Dr. Adam's administered the oath.
GUILTY . Aged 40. - Confined Two Years .
NEW COURT, TUESDAY, JULY 10.Henry Patching - To which he pleaded
GUILTY . Aged 23. - Transported for Seven Years .
MR. BODKIN counducted the prosecution.
STEPHEN STROUD . I am keeper of a lock, at Lime-house. Mr. Dixon's premises are up the cut, and any thing that goes to or from there, must pass my lock to get into the Thames - he keeps an account with me for what passes belonging to him; a man named Foreman was in Mr. Dixon's employ in April, 1831: on the 8th of that month Foreman had a piece of timber in the lock, which he was taking in the direction towards the Thames - there was not water enough to get it out of the lock; it being a wet morning, I drew the water out of the lock; I did not see the timber go through, but I am well aware, it did go through - Foreman did not have it put down to Mr. Dixon's account in the usual way; he said it was a job of his own, and he paid me for it.
JAMES WHITE . I am in the employ of a wharfinger, at Stone-stairs wharf, Ratcliff. On the 8th of April, 1831, the prisoner came to my master's wharf, a little after six o'clock in the morning, and said he wanted a piece of timber landed; a man named Baxter came there afterwards, and joined the prisoner up the wharf: they asked me to get the handle on the crane to land the timber, but I saw no timber and wanted them to come in out of the wet - I opened the shed for them to come in; the prisoner then said he wanted a piece of timber landed very bad, for the sawyers was standing still, and so was the building - in about half an hour I saw a stick of timber brought by Foreman: I did not notice in what direction it came, as I was busy getting the handles on the crane and the dogs - it seemed to me to come up as the tide was coming up; they then asked me to lower the crane for the timber - I said they had better wait till there was a little more water, but they were in a hurry, and they got the dogs out to land it- if they had waited a quarter of an hour, they could have landed it without the crane; when they had got it on the cart, the prisoner asked what the wharfage was - I asked if he was the gentleman who had been with my master the night before; he said Yes, and that he had more timber coming - he then paid me a 1s., and took it away; I noticed the mark 34 rased on the timber.
Cross-examined by MR. CLARKSON. Q. I believe the prisoner got the 1s. from Baxter? A. Yes he did - I do not know what the prisoner is; I gave evidence against Boxter and Foreman - one was tried for stealing, and the other for receiving this timber.
JAMES ALLEN . I am a carman. On the 8th of April, 1831, the prisoner came to my master, about seven o'clock in the morning; he asked me to take a piece of timber to Poplar - I was to take a cart to Stone-stairs wharf, to fetch it; I agreed to do it - he then went away, and came again in about twenty minutes; he blowed me up because I was not ready, and said his men were standing still - I said it was such a wet morning, it was impossible for them to work; he said if I did not be quick, he would get a truck and take it, for down it must go - I went with him, and the timber was loaded; I took it to Baxter's yard, at Poplar.
WILLIAM HOPEWELL . I am a blacksmith. On the 8th of April in last year, I saw the prisoner and Baxter in the East India-road, about half-past six o'clock in the morning, near the turupike - they were in discourse together, and went away in the direction of Limehouse; I returned soon after, and saw the prisoner and Baxter, and a piece of timber near Baxter's premises - I heard the prisoner tell him he had got the timber cheap enough, but it came by this, holding up his finger in a bent direction; Baxter made some observation on the premises, and said he had neither axe nor adze there - he then rubbed his foot on the ground, and rubbed it on the timber, in the prisoner's presence.
Cross-examined. Q. What was done, was done in the prisoner's presence and in yours? A. Yes - the prisoner knew me; Baxter and he did not whisper together - the dogs are things that lay hold of timber in a grasping way.
ELIZABETH BISHOP . I live at a coffee-shop in the Commercial-road. On a Thursday in April, 1831, Baxter came in and sat down in the parlour - the prisoner then came and said he wanted to speak to him; I called him to him, and I heard the prisoner say, as he was going out of the passage, "You will meet me at five o'clock tomorrow morning" - next morning they came to our house again, to breakfast, and while they were at breakfast, I gave the prisoner a second cup of coffee; Baxter said he could very well afford to pay for it, as he had given him 5s. more for the timber than he had agreed for; and the prisoner said, had he not been distressed for money, he could not have afforded to sell it to him, or to his own father for that, and he could not have sold it at that rate had he not had it in liea of some laths of a man and his son, who had set up a new timber yard in the Commercial-road - Baxter said, "I am perfectly satisfied, if it is all right;" and the prisoner answered, "You don't suppose Bill that I would deceive you."
Cross-examined. Q. Is this the first time of your appearance here? A. Yes; I am housekeeper to the person who keeps the coffee-shop - he was game-keeper to a gentleman for many years, named Mason; I am married, but I do not know where my husband is - I have been parted from him for ten years; Baxter was particular in inquiring if the timber was all right, and the prisoner said so help him God it was - Baxter was taken up on the Saturday morning, and his parents thought that it was essential that Mr. Mason should come, but I did not come; I went to Baxter when he was in prison, to know how Mr. Mason was to be paid, but I did not speak to him, because his mother came with me - Mason was not paid; I understand that Baxter was innocent, but I did not come on his behalf - I had not been to see Baxter or Foreman after they were convicted; I only went to Baxter to know how he had arranged for Mr. Mason to be paid - it is my duty to collect his debts; I have seen Mr. Dixon several times, but have not talked this matter over with him.
COURT. Q. How was the prisoner paid? A. Weekly; he was with me mine or ten months - he was subject to ill-health, and did not work the whole week; sometimes he had other masters, and used sometimes to work for them.
Cross-examined. Q. When did you find the timber? A. On Saturday morning, the 9th of April; it was on the water at my premises on the 7th, and fastened by a chain and staples.
Prisoner's Defence. I never went out of the parish of Limehouse - I was commonly past Mr. Dixon's two or three times a week; I could only earn 4s. or 5s. a week with him, and he said if I could get a job I might go and do it.
GUILTY . Aged 27. - Transported for Seven Years .
THOMAS LOUGHBOROUGH . I am a clerk, and live in St. Thomas-street. I was at the review in Hyde-park on the 26th of June - an officer touched my shoulder, and told me I had been robbed; I felt, and missed my handkerchief - I saw the officer with it in his hand, and the prisoner by the collar.
Prisoner's Defence. He swears false, it was on the ground.
GUILTY . Aged 19 - Confined Three Months .
GEORGE WRIGHT . I am a shoemaker , and live in Broad-street, Bloomsbury . On the morning of the 4th of July I had occasion to go to the butcher's - on my return, in about ten minutes, I saw the prisoner, who was my shopman , putting a pair of shoes into his coat pocket, which laid in a drawer under my cutting-board; I said,"What are you doing?" he said, Nothing; I said, "I won't have that coat placed there any more; "he then placed it on a chair in the shop - I told him to go and tell one of the men to come over; he changed his coat, which was a very unusual thing, and put on the coat which had the shoes in the pocket; when he had got out two or three yards I saw this pair of shoes in his pocket; I followed him, and gave him into custody.
GUILTY . Aged 21. - Confined One Month .
ANN HALE . I am the wife of James Hale - he is a hackney-coachman - the prisoner is my son. On account of his countet he did not live with us for the last eight or nine days before the 29th of June - on that day he came about half-past eight o'clock at night; I asked him what he came for - he said for some bread, and something to eat; this was in my first floor front room; he passed by a table, on which was a bage containing 12l. 9s. 6d. - rest in silver; he went down stairs and did not return -I missed the bag of money as soon as he was gone; no one else could have taken it; I was in pursuit of him all night, and found him at a house in Dean-street a quater before eight o'clock the next morning - I knocked at the door; they would not let me in, and I called two officers.
CHARLES CLARK (Police-constable D 117). This witness called me - we knocked several times, they would not open the door; I got over the garden wall from another house, and found the prisoner is the back yard - it is a common brothel; said to him,
"I take you for robbing your mother;" I took him to a public-house, and he threw out five sovereigns - his mother said," What have you done with the rest?" he said," There was but 5l. 15s." - his mother said," You had upwards of 12l.;" he said," No, I had not;" I then heard something rattle in his hand - I found another sovereign and a half in his hand; another officer found a shilling in his fob.
GUILTY . Aged 17. - Transported for Seven Years .
WILLIAM CATLIN . I am a coal-dealer . My daughter Eliza had a handkerchief on on the 16th of June; she was decoyed into a field - I came accidentally across the field, and saw the three prisoners and Charles Smith ; they all ran off; I assisted in taking them, and then found they had robbed my own child of the handkerchief, which had been round her neck.
CHARLES SMITH . I know the three prisoner, and was in company with them on the 16th of June, in the Lamb-fields ; I saw the little child there - Diamond said,"There is a handkerchief was can take off that child's neck; my brother, the prisoner George Smith , had a child with him, and he said," We can make the two children acquainted, and take them to play;" Grant took the handkerchief from the child's neck - we walked away; we did not run - we were going to a pawnbroker's in Northampton-street - Mr. Catlin came up, and took us all, but Grant had pawned the handkerchief.
GRANT - GUILTY . Aged 16.
SMITH - GUILTY . Aged 18.
DIAMOND - GUILTY . Aged 18.
Whipped and Discharged.
DANIEL DYBALL . I live opposite to Mr. Edwards, in Hoxton . On the 15th of June I saw the prisoner looking into his shop; he endeavoured to take a pair of trousers down, and from them he went to two or three silk handkerchiefs; he got one down, and put it into his bosom; he then turned down a street, and ran - I pursued, and took him to the station; he throw the handkerchief on the door.
The prisoner pleaded distress.
GUILTY . Aged 19. - Confined Six Weeks .
STEPHEN HALLETT . I was in Lisson-grove on the 21st of June - I saw the prisoner take a piece of bacon from a board outside the prosecutor's shop; she put it under her child's clothes; I told the prosecutor's son, who took her with it.
Prisoner's Defence. I saw it on the ground - I took it up, and offered it to a little girl; she said it was not hers.
GUILTY . Aged 59. - Confined One Month .
JOHN FRY . I live at Hammersmith . I lost two hens and eight chickens on the 15th of June, from my yard at the back of my house; they were safe the evening before - I missed them about half-past five o'clock that morning; my hen-house was not locked, but was surrounded by a wall and a fence; on the Monday following the prisoner came and asked me if I did not want some person to work for me - I said No, and asked what he had done with the fowls that he and another had taken from me; he said he had not seen them - I asked if the Policeman had not stopped him, and if he had not told him his name was Field; he said No - I asked him if he had any objection to go to the station; he said No, and I sent for a Policeman, who took him to Shepherd's-bush station, where he had been stopped, and they knew him - one of my hens was a little game hen, and was lame, having had one of her legs broken - two of the chickens had small top-knots on their necks; the prisoner lived at Paddington.
HENRY BEVAN (Police-constable T 108). I met the prisoner at half-past three o'clock in the morning, at Shepherd's-bush; he had a small pheasant hen in an apron, and eight speckled chickens in a bag - another lad had a small game hen; the prisoner owned that he had taken the fowls, and sold them at Paddington for 6s. 9d.
Prisoner's Defence. The prosecutor sent to my mother, and said he had a job to do; I went to him, and he sent me to Shepherd's-bush - they said I was the boy, but I am innocent.
COURT. Q. Was he taken before the Magistrate? A. Yes; he there made this statement, which is signed by Mr. Rawlings - (read).
The prisoner says the other boy asked me to go with him to his master's to fetch the fowls; he said they belonged to him; he got over the wall, and got them.
GUILTY . Aged 15. - Transported for Seven Years .
SECOND COUNT, for feloniously uttering the same.
JOHN CONNERY . I am in the service of Joseph Samuel Lischer and William Joseph Lischer ; they live in Thomas-street , Whitechapel, and are starch maker s. On the 16th of June, the prisoner, whom I had not seen before, came to the counting-house, and brought me this order; Mr. Jones has been a customer of our's for some years, but I did not know Mr. Ward - I suspected it was not right, and I asked the prisoner if he would take a bill then, or whether I should send it with the rest of the goods on Monday - he said I might do as I liked, but he thought I had better send it on Monday; I then said very well, and called a man to weigh the starch, but motioned for him to shut the door; I then turned to the prisoner, and said, "Where did you get this order?" he said from Mr. Jones - I asked him if he knew Mr. Noyes, and some other persons, in whose name I knew he had got some things - he said "You seem to know all about it:" I said "I know more than you wish; I will send for Mr. Jones" - he said "You need not;" I said "Yes, I will, for my own satisfaction;" he then said "I did not get it from Mr. Jones, but from a person I do not know." - (Order read.)
16th June, 1832.
Prisoner. Q. Do you authorize any persons to write orders for you? A. We very seldom send orders in writing, but send the clerk.
GUILTY . Aged 28. - Transported for Seven Years .
BENJAMIN HUET . I am a hackney-coachman ; the prisoner is the same. On the 20th of June I was acting as waterman at the stand at Old-street ; the prisoner came and laid himself all along on the pavement - he was drunk, or pretended to be so; I shook him up, and said, "George, don't lay here, you impede the footway" - he got up, called the Policeman, and said I had stolen his watch; I was taken, but nothing was found on me, but 1s. 1d. - the watch was found in his own waistcoat pocket, and then he said I had taken it from one pocket, and put into another - I was taken, but the next day he did not appear against me; I was discharged, and the officer told me to give him in charge if I saw him, which I did, and this watch was found on him, which he accused me of stealing.
CLARK STANLEY . I am out of business . I took a coach, on the 27th of March, from the stand in Old-street; Holmes drove it - we went to Mile-end turnpike; Mrs. Wilkins was with me - in about an hour after I left the coach, I was going to bed, and missed my watch; I know I had it when I entered the coach, as I had taken it out to see the time, and I think I left it in the coach; this is it - I have had it thirty years; it had a gold case, a gold chain, and a gold key, but they are all missing.
THOMAS HOLMES . I drove the coach with this lady and gentleman, and sat them down between eleven and twelve o'clock at night; I then went back to the Pavilion, and staid till it was over - I then went home, and put up the coach in the dark, at Mr. Thomas', my employer; the prisoner is horse-keeper there - it was his duty to look after the horses, and wash the coach; I never saw the watch till the inspector showed it to me - I heard of the circumstance, and named it to the prisoner; he said he knew nothing of it - I also told my master of it.
Prisoner. Q. Could you take out the seats without seeing it? A. Yes, I took them out in the dark.
Prisoner's Defence. I bought it just as it is now, in Petticoat-lane, and have had it in my pocket ever since.
GUILTY . Aged 50. - Transported for Seven Years .
MARY LOWN . I live opposite Mr. Hinkins. I was sitting at my father's window on the 6th of June, and saw the prisoner stand on the step of the prosecutor's door, and take a pair of my shoes; my father called to a person, who went and took her with the shoes - I know she is the person.
WILLIAM DAVIS . I was in the prosecutor's shop when the alarm was given; I went after the prisoner, and took hold of her arm - I lifted up her shawl, took the shoes from her, and brought her back; she pretended to be intoxicated.
GEORGE HENRY HINKINS. These are my shoes; I know nothing of the prisoner.
GUILTY . Aged 52. - Confined Six Weeks .
JOHN ROWLAND . I act as clerk at St. James' Westminster. I produce a certificate of a marriage at that church, which I have examined with the register; it is correct - it appears by this that on the 28th of April, 1819, Boswill Parkin and Alice Hatfield were married by banns.
MARY DAVEY . I am the sister of the prisoner's first wife ; she was married unknown to my mother or me - she lived with the prisoner as his wife for nine years, and they had a little boy, who is now eleven years old; the prisoner lodged with my mother for twelve months before they were married - they still lived at my mother's, though we did not know they were married, till three or four months before the child was born, which was two years after they were married; my sister assisted my mother, who took in washing, the prisoner was a bricklayer.
Cross-examined by MR. WALESBY. Q. Are you married? A. Yes, I was not then - my sister was in the habit of sleeping with my mother, but when we found they were married, the prisoner went and bought a bedstead and bedding; they slept together after that; I do not recollect Mary Parsons; she passed, I am told, for the prisoner's mother-in-law - she is now dead; the Christian name of the prisoner, in this certificate of the baptism of their child, is Basil - I believe he gave that name to the Magistrate; I believe my sister was in the habit of going to a gentleman, named Beaumont, to get his things to wash.
COURT. Q. Did you hear the prisoner call your sister his wife? A. Yes, and he said they were married at St. James' church - my sister is here now.
JANE SIMMONS . I have known the prisoner between three and four months; he has been known to my family for thirteen years - I lived with my sister, who keeps a grocer's shop, at Bayswater; the prisoner paid his addresses to me as a widower; I married him at St. James' church on the 28th of May last - we lived together as husband and wife for three weeks; on the 18th of June I discovered that he was married, and his wife came to the house were we lived at, in Queen-street, Soho - he is a master bricklayer; he had no fortune with me.
Cross-examined. Q. Did your friends, who had known him so many years, raise any objection to your marriage? A. No, his little boy was living with me; he stated he was a widower, and had that child - but since this charge, he told me it was the child of a woman who was not his wife.
Prisoner's Defence. The woman who claims me as her husband, I never went to church with; she always
GUILTY . Aged 32. - Confined One Year .
1621. ROBERT SIMMONS was indicted for stealing, on the 16th of June , 1 water-butt, value 4s.; 1 grate, value 8s.; 2 fire-stoves, value 5s.; 10 windowsashes, value 5l.; 8 benches, value 4l.; 1 boiler, value 10s.; 4 cupboards, value 1l.; 1 sink, value 5s., and 1 leaden pipe, value 5s. , the goods of Thomas Skeeles Wright .
MR. CLARKSON declined the prosecution,
NOT GUILTY .
CATHERINE ANN LITTLEBOY . I am daughter of this witness. I got the bundle, and was to take it to Mr. Kennedy's, a pawnbroker, opposite Shadwell church -I went there with it, in a basket; I put it down by my side - I saw the prisoner in the shop; I turned my head round, and missed my basket and the bundle that was in it, which were the articles stated; I went after the prisoner, and found her opposite Shadwell-market - the officer was looking after her; I am sure she is the woman.
HENRY LEE (Police-constable K 262). I was on duty, and saw this girl crying; she said she had lost her basket of things - I found the prisoner half an hour afterwards, with this smock-frock in her possession - the other things have not been found.(Property produced and sworn to.)
Prisoner's Defence. I bought the smock-frock for 1s. 6d. - I did not touch the basket.
GUILTY . Aged 28. - Confined Three Months .
JAMES FURZEMAN. I am overseer of St. Giles' . On the 28th of June I sent the prisoner, who was an Irish pauper , to Mrs. Neale's, in Buckeridge-street; I went there afterwards, and found this jacket, which is mine.
MARGARET HOLLINS . I am servant to Mrs. Neale. The prisoner came there, and brought this jacket by way of selling it to some of the lodgers, but they were not able to buy - she told me to go and make what I could of it; I pawned it for 2s., and in going back, I told Mr. Furzeman of it.
NOT GUILTY .
CHARLES DEERING . I am in the employ of John Harvey Knight and his brother. On the 15th of June the prisoners came to their shop for some blue prints - I showed them some; Roberts said they were not wide enough; they did not wish to go to more than 6d. a yard -I said I had some wider at 8 1/2d; Jones then said, "You had better go and get 2 1/2d. more" - they went out, and I missed the property stated; the officer afterwards brought it.
JOHN COX . I am a parish-officer. On the 15th of June the prisoners came running into my house, which is about half a mile from the prosecutor's - my door was open, and it rained very hard; I went out to see who was there, and found them there, pursued by Graves and a Police-constable - I heard them say, "You have stolen something;" they both strongly denied it, and the persons who pursued them felt down, but could find nothing - Roberts walked away, but Jones stopped; Ingley looked behind the street door, and took up this property.
JOHN GRAVES . I was standing up out of the rain - the two prisoners passed by me; Jones dropped something - she stooped down, took it up again, and they ran down Bunhill-row, to the timber yard; I went up to them, and they went on to another timber yard - I made it known at the Police-station - the officer and I followed them to the passage of the house.
ROBERT REED (Police-constable G 19). I followed the prisoners down Bunhill-row - I came up to them in Mr. Cox's house; I searched them, but found nothing -I then went away, and was called back by Mr. Cox, who said the property was found; I took Roberts two hours afterwards - she said she knew nothing of the other girl.(Property produced and sworn to.)
Jones' Defence. I know nothing of it - I have been afflicted with fits ever since I have been here.
The prisoners received an excellent character.
JONES - GUILTY. Aged 15.
ROBERTS - GUILTY. Aged 12.
Recommended to Mercy by the Jury.
Judgment Respited .
1625. THOMAS JOHNSON was indicted for stealing, on the 13th of June , 1 watch, value 2l.; 1 watch-chain, value 6d.; 1 seal, value 1s., and 1 watch-key, value 6d., the goods of Frederick Estophy , from his person .
FREDERICK ESTOPHY. I was in service at the time this happened. On the 13th of June I went to the Unicorn, in Covent-garden , about seven o'clock in the morning - the prisoner went there about the same time; I knew nothing of him before - I went to the bar between eight and nine o'clock, and called for a glass of spirits; a dog came up, and I thought he would fly at me - I turned to put the dog away, and at that time I lost my watch; the prisoner had been close to me, and he went off directly.
THOMAS GLOVER . I am a shoemaker, and was living with Mr. Morrison, at the Feathers; the prisoner came in there about nine o'clock, with some females - I served him with 6d. worth of gin; he pulled out a watch to see the time, and before he went away he asked me to take care of it for him, as he was going with one of those girls; I took it, and soon after Stace came and asked if I knew Johnson - I showed him the watch; in a few minutes afterwards the prisoner returned, and asked for the watch; I said I
FREDERICK ESTOPHY. This is my watch - I am certain it was safe in my pocket when I took hold of the dog.
Prisoner. Q. Did not you come into the house at three o'clock in the morning with some other men, and sit drinking till six in the morning? A. No, it was seven o'clock before I went there - I was sober.
Prisoner's Defence. I was at the house at three o'clock in the morning: the prosecutor and two other men came there - they drank brandy-and-water; the prosecutor asked me to have some and sing them a song, which I did- we then went to the Unicorn, and got very tipsy; the prosecutor then pulled out his watch - he wanted 9s., and said he would let me have 10s. for it in the evening; I took the watch to the Feathers, and left it there.
NOT GUILTY .
JAMES WEARING . I was in Brick-lane on the 31st of May, and saw the prisoner take a hat from Mr. Gravenor's shop, opposite Hanbury's brewhouse; I did not pursue him, but he was taken afterwards - I lost sight of him; I know he is the person.