EIGHTH SESSION, HELD AT JUSTICE HALL, IN THE OLD BAILEY, ON THURSDAY, THE 18th DAY OF OCTOBER, 1832, AND FOLLOWING DAYS.
TAKEN IN SHORT - HAND,(BY AUTHORITY OF THE CORPORATION OF THE CITY OF LONDON) By H. BUCKLER.
WHOLE PROCEEDINGS On the King's Commission of the Peace, OYER AND TERMINER, AND GAOL DELIVERY FOR THE CITY OF LONDON, AND GAOL DELIVERY FOR THE COUNTY OF MIDDLESEX.
Before the Right Honourable SIR JOHN KEY , BART., LORD MAYOR of the City of London; Sir Nicholas Conyngham Tyndale , Knt., Lord Chief Justice of His Majesty's Court of Common Pleas; Sir James Allan Park , Knt., one of the Justices of His Majesty's Court of Common Pleas; Sir Stephen Gaselee , Knt., one of the Justices of His Majesty's Court of Common Pleas; Sir John Vaughan , Knt., one of the Barons of His Majesty's Court of Exchequer; John Ansley , Esq; Sir Claudius Stephen Hunter , Bart.; Christopher Smith , Esq.; John Thomas Thorp , Esq.; and Matthias Prime Lucas , Esq., Aldermen of the said City; Newman Knowlys , Esq., Recorder of the said City; Henry Winchester , Esq; Thomas Kelly , Esq.; and Samuel Wilson , Esq., Aldermen of the said City; Charles Ewan Law , Esq., Common Sergeant of the said City; William St. Julien Arabin , Sergeant at Law, and John Mirehouse , Esq., His Majesty's Justices of Oyer and Terminer of the City of London, and Justices of the Gaol Delivery of Newgate, holden for the said City, and the County of Middlesex.
KEY, MAYOR - EIGHTH SESSION.
Second London Jury, before Mr. Sergeant Arabin.
2206. THOMAS ATTRELL was indicted for that he, on the 30th of August , at St. Alphage , in and upon Joseph Pearsall , did make an assault, putting him in fear, and taking from his person, and against his will, 1 half-crown, 2 shillings, and 1 sixpence, his property .
JOSEPH PEARSALL . I am one of the messengers at the East India-house - I have been there twenty years last July; I am married: I had not been acquainted with the prisoner, but had seen him go past the India-house two or three times. On the 30th of August I was going along Cornhill, about three o'clock in the afternoon, or between three and four, dressed in the same uniform as I am now - I met the prisoner in Cornhill; I had never spoken to him before, but he had bowed to me in passing - when I met him, he said,"How do you do?" I bowed to him, and he accosted me and asked where I was going; I said to Austin-friars, and from there to Broad-street - I had a letter in my hand which I was going to take there; we went on together, and just as we got through Austin-friars and into London-wall he asked me if I would take a drop of porter; I said I had no objection, but he said he had no money - I said I did not mind, and we went into the public-house at the corner, and had a pint of porter; I paid for it - we stood and drank it - we came out of there with my letter in my hand which I was going to deliver, and he said he was very much in distress, and asked me if I knew four or five gentlemen whom he named, who belonged to the India-house - I told him I certainly did, and he then said would I give him a shilling or two, as he was very much in distress; I told him I had no money in my pocket, but if he would call on me any day at the India-house, I certainly would give him a shilling or two: we still continued going on to Crown-court, Broad-street, where my letter was going; I gave in the letter to the person, and left the prisoner at the door - it was raining very fast; when I gave in the letter to the person, he asked if I would take a glass of something to drink - I said No, I could not, as I had a person waiting for me, and he asked the prisoner to go in, which he did, and we all had a glass together; when we got out the prisoner said he was in a great hurry, and he was going to Stepney - I said Broad-street was his nearest way, but he said he would go a little way with me, as I was going to another place; we went by the chapel in Moorfields, and then on to the square - I pointed up Sun-street, and said that was his way; I was going up Chiswell-street - he still kept with me, and said he must have a shilling or two, as he was very much in distress - I said, as I had before, that I had none, but if he would call at the India-house I would give it him - he said it was all d-d nonsense, he must have it now; he went on with me till we came to the brewhouse in Chiswell-street; he then called out Hey! and a tall man crossed over towards us - the prisoner said to him, "What do you think? this old b - r has brought me all the way from Cornhill, and took me to a house (meaning the house where I had left my letter,) and wanted to take liberties with me;" the other man said directly "You had better give him 5s., for if he calls at the India-house, and exposes you, it will be such a disgraceful thing;" I told him he could not do that, for my character was so well known there, I could defy him or any one else to hurt me; they still followed me up to St. Luke's church, using bitter oaths - I went to where I had to go, and they followed me back, the prisoner still saying, "If you don't give me the money. I will give you in charge of a Policeman," and every pawnbroker's we came to, he said I had got a watch, which I could pawn - I objected to pawn my watch; he then said,"Give me one of your seals - that will fetch 5s.;" I said I should do no such thing, for I never was in a pawnbroker's in my life, but if he would call at the India-house, I would give him a shilling or two: in going along London-wall, they still followed me with violent threats, the prisoner kept saying if I did not give the 5s. he would charge me with the offence, and the other kept persuading me to give the 5s., and said it would expose me, for him to call on me - when we got to London-wall I called at a friend's house and said, "Mr. Jones, can you lend me 5s." - I was so alarmed I went to borrow the money to get rid of the parties; Mr. Jones gave me half a crown, two shillings, and one sixpence; I came out, and gave it to the prisoner - the other man then said, "Now I must have 5s. - you can't expect me to walk all this way for nothing;" I told him I had not any money, that I did not ask him to walk, and should not give him any thing - the prisoner then said,"I will give you half a crown of this - I know where to find him;" I said to him, "Do, and call, and I will give you the half-crown;" I then went home, and gave information
Prisoner. Q. Were you in the same dress as you are now? A. Yes, I am always in the same dress - I asked you to have some porter at the house we went into: I did not follow you into Mr. Jackson's, at the corner of Finch-lane; we did not go that way - I had never spoken to you before; I had seen you pass, and bowed to you.
JURY. Q. Why did you promise him the shilling or two? A. Because he mentioned the names of two or three gentlemen whom I knew, and I thought he was in distress - if I had had a shilling or two I should have given it to him, and I thought the gentlemen would have refunded it.
Prisoner. Did you not ask me to stand in the passage while you went into the house, and did you not offer me a part of your umbrella. Witness. I really do not know whether I had an umbrella, but I do not think I had.
DAVID JAMES RUSSELL . On the 30th of August the prisoner came to my house with Pearsall - I asked Pearsall to have a glass of spirits; he refused, saying he had a young man outside; I told him to ask him to come in, and the prisoner came to the top of the stairs, and partook of a glass of liquor.
Prisoner's Defence. On the day stated I had been to boy a pair of iron rings, and was going to Aldersgate-street; I stood in the street, reading a picture about black jokes; the prosecutor brushed by me two or three times, and then he asked me which way I was going, and if I would take part of his umbrella - I thanked him, and went with him to the house with the letter; he went in with it, came out, and said, "It is all right;" I asked what he meant, and he took me in, and he got some liquor - Mr. Russell sat a chair for me by the bed, which was turned up; they then shut the door, and began to act in a very unmanly way to one another, and to me; I was alarmed, and said if they did not let me out I would alarm the place - they did, and we went out; as we were going along a tall man came up to Pearsall; they went to two public-houses, and then he went to Jones, and borrowed some money - when he came out I bade him good day, and asked when I should call for the ticket for the Diorams, which he had promised me; he said, "In a day or two;" I called on the Monday at the India-house, and asked one of the porters to call him; they did, and he was all in a tremble - I asked him if he would give me the ticket, and show me the India-house - he put down his head, and went away; he came back again in the course of a few minutes, and had some papers in his hand; he then said he was going to his dinner - I went out with him, and an officer came and took me; I asked what for, and the prosecutor said I had wanted half a crown of him - I then stated about a young man coming up to him, and he said that he was my friend, and that I had called him with a whistle or a Hey! I had lived with Mr. Dawson in Great St. Helens, for four years.
JOSEPH PEARSALL re-examined. Q. Is there any truth in the statement of your acting as he states? A. Not the least, and the other young man I never saw till he called him over with a Hay! I had the pint of porter and the glass of spirits.
JURY. Q. Did you meet any officer after they spoke to you? A. Yes, several, but I was in such a fright I could not tell what to do.
DAVID JAMES RUSSELL re-examined. Q. How long were these persons at your house? A. I suppose five or six minutes, not longer - I was there all the time, and never rose from my chair; I had a boot in my lap; they were in my presence all the time - there was not the least liberty taken all the time, and the prisoner never came further than the mat.
Three witnesses gave the prisoner a good character.[Oct. 19th.] GUILTY - DEATH . Aged 20.
Second London Jury, before Mr. Sergeant Arabin.
2207. WILLIAM SAUNDERS, alias JONES , was indicted for feloniously assaulting John Pritchard , on the 17th of September , at St. Andrew, Holborn , putting him in fear, and taking from his person, and against his will, I watch, value 30s.; 1 seal, value 15s.; 1 watch-key, value 5s., and 1 watch-ribbon, value 1d., his property .
JOHN PRITCHARD . I live in East-street, Red Lion-square, and am a retired captain in the army . On the night of the 17th of September, about eight o'clock, I was in Holborn, near Hatton-garden, with my daughter - I was going from the City towards Red Lion-square; when I got about the middle of Hatton-garden there were three persons, but I did not notice them till I found myself pinioned, and the prisoner came in front of me, and took my watch; I had about an inch of the ribbon only below my waistcoat, but neither the seal nor key were visible - the prisoner methodically turned up my waistcoat, took the watch, and ran away; I never saw the man who pinioned me; I called out Stop thief! my daughter quitted my arm, and ran in the direction of the person who robbed me, along Hatton-garden; I followed, and when I got to Mitre-court I saw the crowd running down there, and at the bottom of there, in Ely-place, the crowd had got hold of the prisoner - my watch was found the next morning; the prisoner tumbled over a boy in going along, and the watch was found not far from there.
Cross-examined by MR. PHILLIPS. Q. Have you no other name? A. No; it was quite light enough to observe a person's features - my daughter was with me; there was no personal injury offered to me, not the slightest - I did not know whether the person who pinioned me was my friend or my foe; it might be some friend who did it to keep me out of mischief.
AMELIA PRITCHARD . I am the daughter of the prosecutor. I had hold of his arm, and saw the prisoner take his watch, and run away; he was taken soon after - I know he is the person, and can swear to him; I did not see the person who pinioned my father.
ELIZABETH ATKINSON . I live in Ely-place. I saw the people running that night, and picked up the watch the next morning, and gave it to the officer.(Property produced and sworn to.)[Oct. 19th.] GUILTY - DEATH . Aged 22.
Recommended to Mercy by the Prosecutor, as no violence was offered to him .
First Middlesex Jury, before Mr. Justice Park.
2206 HENRIETTA MARIA HALL was indicted for feloniously breaking and entering the dwelling-house of Ivan Cunningham , on the 17th of September , at St. Marylebone, and stealing therein 1 gown, value 10s.; 1 shawl, value 7s.; 1 petticoat, value 1s.; 1 parasol, value 1s., and 1 clasp, value 1s., her property .
IVAN CUNNINGHAM . I am a widow , and live in Richmond-street, Edgware-road, in the parish of St. Marylebone ; it is a small house, and I occupy the whole of it - nobody lives there with me; I have no servant; I do not go by the name of Neal - nobody ever called me by that name but the prisoner - the prisoner the lived in the adjoining house, No. 40; I have no yard to my house, but my back window can be got at from her yard. On Monday, the 17th of September, between four and five o'clock in the afternoon, I went out, leaving the house fast; I shout the door as usual, and locked it; I have a back door, but there is no ground belonging to me behind the house - the back door was bolted inside; all the windows were shut down; the front window shutters were shut - it has been a shop - the up stair back window was nailed down; half of the sash of the ground floor back window is without glass - I had fixed some wood against it; part of the wood was nailed, and part laid against it - nobody could get in without pushing it aside by violence; the house was being repaired, and I nailed a lime sieve against the window, and the wood against it was two new door frames, without the pannels: the upper half of the sash was glazed all but one pane, which was broken, and the lower sash had no glass - any person could put a hand through to unfasten it, with a deal of trouble - the sieve was nailed inside against the window frames; when I went out in the afternoon I looked in at the prisoner's door - she asked how I did; I said I was very ill, that I was going out, and should return about nine o'clock- she said I should have a light when I returned, as usual, and if she was out I should have it from her children; I returned about nine, and her eldest daughter gave me a light - I unlocked my door without any difficulty; I went into the prisoner's house, and saw her - she told me she had found my door open about eight o'clock; that she walked into the house, and called me at the foot of the stairs, but no answer was made, and she went out, and shut the door - I said, "Why did you call me? you knew I was out;" I do not recollect her answer; I went into my house, and shut the door; it has a spring lock - I did not miss any thing just then; but I undressed between eleven and twelve o'clock, and went to bed - I had left my bonnet on the back of a chair, which I do not usually do; I got out of bed, to put my bonnet on a petticoat; I missed the petticoat - I had left it there when I went out - I missed a black silk dress, which was inside the petticoat, and it also contained a parasol - there was a clasp fixed to the waist of the dress, and a shawl was folded with the dress; the shawl and dress were folded up, and placed within the petticoat - I searched over the house, and found they were gone; I dressed myself, and went to Mrs. Hall's window; I tapped at her window repeatedly, and then she answered me - I told her to dress, and come in, as I wished to speak to her particularly - she came in, and I told her of my loss, took her up stairs, and showed her where the things were taken from, and when I came down with her, I said, "Look at that window, they have forced away the wood;" one of the door frames was drawn on one side, the sieve taken away, and thrown to the left of the window - she said, they had better take my life at once than murder me by inches - I asked her to go with me to the station-house; she said it was very late - I said I was determined the Police should have information of it; she went with me -I told my story there, and returned with her - I did not suspect her - I went to bed, and next morning asked her if any of the Police had left a message for me at her house - she said they had left none; I said I would not be put upon, I had been robbed before, and was determined to persevere, and recover these articles, and if she could find them by questioning any of the children in the neighbourhood if they had seen any body open the door, I should be obliged to her; on the Sunday morning after the robbery (the 23rd) about ten o'clock, she brought me the petticoat, containing the parasol and shawl - she said some boys had brought them to her, and that the black silk dress would be returned on the Monday morning - I understood her to say the boy said so - she said she had given the boy 1s. 1d. for what he had brought; I have the shawl, parasol, and petticoat here - I am sure they are mine; I have seen the clusp in possesion of a witness, and the dress in possession of a pawnbroker - they are worth 20s.
JOHN WOODS . I am a Policeman. On Tuesday evening, the 25th of September, I went to the prisoner's house, about nine o'clock - she was not at home; I believe she has only apartments there - I remained about the spot till about three o'clock in the morning; she then came home; I told her there was a charge of felony against her, and I must take her into custody - she said, "Good God! where is Mrs. Neal?" I had not told her on whose charge I took her - I never knew the prosecutrix by the name of Neal; I did not know the prosecutrix: I told her she was in bed, and she must accompany me to the station-house; and as we went along I thought I heard a piece of paper being crumpled up in her hand; this was about thirty yards from the station-house, and when we got there I asked if she had any thing in her hand; she said she had not - I told her she had thrown some paper away then on the road; she denied it - she had a white handkerchief in her hand, and had let it fall, all but one corner, as she went along; I took a lamp, went to the spot where I thought I heard the paper crumple, and there found two
THOMAS SOPER . I am a Police-serjeant. On the morning of the 25th of September, in consequence of information from Woods, I went into an unfinished house at the corner of Salisbury-street and Richmond-street, and there found two pieces of a duplicate, which I compared with those Woods had - they tallied.
JOHN HAIGH . I am servant to William Jones , a pawnbroker. I produce a black silk dress, which was pawned on the 18th of September, and I think in the afternoon; these four pieces form the counterpart of the duplicate I have on the dress - it is not in my writing, but in the same hand-writing as the other: I received the pledge, and asked the person's name - she gave me the name of Ann Thompson; I have seen the prisoner before at our shop, which is nearly a mile and a half from her house - I cannot say whether she pawned the dress: it was a woman - I have seen her before, but whether it was on this occasion I cannot say; her face is familiar to me, seeing her in the way of business.
Prisoner's Defence. I have known Mrs. Cunningham ever since August - having been robbed several times, she always told me when she went out to look at her door; a friend called that evening, and sat in my parlour about two hours - before Cunningham came home my little girl ran in, and said, "Mother, is Mrs. Cunningham come home?" I said to my friend" I don't know;" she said her door was wide open; I said, "What a shame - they are always playing her some tricks;" I directly went into the passage, and called Mrs. Cunningham! no answer was made; I shut the door, and came home - when she came home I asked if she had shut her door; she said Yes - I said I had found it open; she asked why I did not make a report of it, but I had not the presence of mind to do so - she knocked at my window at twelve o'clock; I went with her to the station, and next day she said she would reward any body to find it out for her - I asked if she liked to put a bill in the window; she said No, but if I made inquiry, and told the party she would not bring them to trial, she might recover the property, and said, "If you can find it out, recompense them; I don't care what you give;" a boy came one morning, and asked if there was not something lost and a reward offered; I said "Stop a bit" - he said he could not stop, that somebody wanted to speak to me at the corner of Catherine-street; I went there, and a young lad said, "Have not you lost something?" I said No, but I knew who had; he asked what were the articles - I told him, and said, "If you can tell where they are, let me know;" he asked if there was not 5s. reward - I said I did not know what it was; I gave the little boy a penny to go with me - the boy said he would send the things to me, which was done, and I gave the boy 1s.; I took them to Mrs. Cunningham, and said the boy would bring the other articles on Monday - I did not know what the articles were till the parcel was opened; the gown was not brought on Monday, and in the evening Mrs. Cunningham came and asked me to go and make inquiry for it - I went out, and saw the little boy who first came, and asked him about them in Bell-street - I was going to spend the evening with my landlord, and did not come home till late; I took the duplicate, and kept it till I came home, but was not so late as the Policeman says - he said there was a charge of felony against me; I asked what for - he said Mrs. Neal's: I said,"Where is she? can I see her?" he said No, I could not; I found my eldest girl at the station-house, and having the ticket in my hand, my fright was so great I did not know what to do, and tore the ticket; I did every thing to serve Mrs. Neal.
IVAN CUNNINGHAM. I had sewn the clasp to the dress - the prisoner's landlord's house communicates with the ground behind my house; my window looks into a vacant ground adjoining the prisoner's yard - nobody could get to it but through her yard or her landlord's house; I did not double lock my door - it could be opened inside without a key.[Oct. 18th.] GUILTY - DEATH . Aged 36.
First Middlesex Jury, before Mr. Baron Vaughan.
2209. ROBERT JONES , EDWARD SMITHERS , and DANIEL MARTIN were indicted for feloniously breaking and entering the dwelling-house of Francis Hume Choppin , on the 28th of September , at Enfield, and stealing therein 2 mustard-pots, value 10s.; 4 cruet-tops, value 20s.; 2 silver spoons, value 8s.; 2 coats, value 5l.; 1 seal, value 1l.; 1 pencil-case, value 1l.; 1 liquor-stand, value 30s.; 11/2 pint of brandy, value 6s.; 1 bottle, value 3d., and 4 handkerchiefs, value 8s., his property .
FRANCIS HUME CHOPPIN. I live at Enfield-highway, in the parish of Enfield - my house stands quite alone on the road side; my family consists of a wife, one boy, a girl, and a maid-servant; my boy was at school, but the girl at home. I went to bed on the evening of the 28th of September, about nine o'clock, as I came home very tired- I looked round the house before I went up stairs, and it was all fast; the kitchen was fasted by a long bar across the shutter, which is inside the casement, so that I could not see whether that was fastened - it is an old fashioned casement; there is a French window to the drawing-room, and to the hall - the door was barred and locked, and had a bell on it; about two o'clock Mrs. Choppin awoke me, and said something; I listened, and heard something drop in my dressing-room, which is next to the bed-room; I burn a rush-light in my room - I got out of bed, lighted a candle, and Mrs. Choppin lighted another; while I was lighting the candle Mrs. Choppin said she dare say it was the servant getting up to make the butter - I immediately opened my bed-room door, and called Mary! some person immediately said "Hush!" softly - I looked forward, and two men rushed down stairs; they came out of the left-hand room, which is my boy's room, and went before me;
Cross-examined by MR. PHILLIPS. Q. Is your maidservant here? A. No; she remained below about two minutes after I went to bed, to bring up some hot water, which she brought into my room; I wished her good night, and she then went into her room - I heard her go into her room, and shut her door; she might have gone down stairs after I went to sleep.
Q. I believe you made some exclamation to the maid when you was alarmed, as to whether she had admitted any body into her room? A. As the man said Hush! I turned round to Mrs. Choppin, and said, "Why it ayn't right;" I said nothing to the maid about a sweetheart.
Cross-examined by MR. CLARKSON. Q. Was it in the kitchen you threw down the tobacco-pipe? A. Outside, in the garden; I could see where it fell - it was in one piece, about an inch long, broken off the bowl; it was part of the pipe, which the bowl belonged to; Pye had taken away the bowl with the tobacco in it; there were about three inches of pipe to the bowl which he took away; I found one bit with the bowl, and one broken bit - Pye took away one piece, and the other dropped down again, and the officer afterwards took it away with him.
Martin. Q. How did the carter get an entrance into your house? A. He got over the yard gate, not the garden gate; the garden gate was never unlocked - I let him out at the yard gate: they are both front gates - there were footmarks at the garden gate; I examined your shoes at the station-house on Sunday, to see if there were nails in them; there were no nails in the footmarks - the robbery was on Friday morning; I believe there had been rain between those times - the garden had been dug up the day before the robbery, and there were no footmarks before; it was the marks of two or three shoes - I cannot swear how long they were; I said one was long: Pye measured one with a rule, in my presence, and said it was about eleven inches long, and the other was a very short foot - he did not measure the short one.
COURT. Q. Were the footmarks on the gravel or on the bed? A. One the bed, by the side of the footpath; the footpath is gravel and drift - it was hard, and would not take an impression well.
HENRY WILLIAMS . I am a serjeant of Police,(N 23.) On Friday morning, the 28th of September, a little after six o'clock, I had just come off duty - I was at the Kingsland station, and received information of this burglary - I was on the alert, and observed the three prisoners coming towards London, in a direction from Enfield-highway; I went and informed the inspector on duty of it - he saw them pass the station, and desired me to take them; I took Jones and Martin - Smithers was taken by another Policeman, in my presence: after getting to the station I searched them, and found on Jones a sovereign in his fob pocket, and 12s. 6d. in his trousers pocket; and on Martin 2d.; I went to the prosecutor's house between five and six o'clock in the evening, and examined the premises; I found the cupboards, sideboards, drawers, and writing-desks broken open - I went outside the kitchen window; a pane of glass had been taken out, and a piece cut out of the shutter by a certre-bit - while I stood outs de the kitchen window Mr. Choppin picked up a small piece of tobacco-pipe, which he gave me - this is it: I have had it ever since - I found nothing else; I went to Clerkenwell prison on the Saturday, took Martin's clothes and shoes away, and gave them to the inspector.
Cross-examined by MR. PHILLIPS: Q. Did you not apprehend them in the public highway? A. Yes; it is
Cross-examined by MR. CLARKSON. Q. Did you search Smithers? A. No, I did not take him.
MR. CHOPPIN re-examined. Q. You said there was a light behind you, which enabled you to see the men? A. Yes, three lights - there was a rush-light, my own candle, and one Mrs. Choppin had lighted; the two men rushed by me sideways - I noticed a black mark on one man's face at the time, but I would not swear to it; I said I thought there was a mark, but being flurried, I did not like to swear to it.
JAMES MORGAN . I am a Police-inspector. On Friday morning, about six o'clock, I was on duty at the Kingsland station, and observed the three prisoners coming along the road, in company together, towards town, in a direction from Eufield; I had heard of a robbery at the time, and told some of the men in the station to apprehend them, which was done - I asked where they had been; Smithers said they had been to Hertford; that was in a direction from Hertford; I detained them; and next day,(Saturday) at the Police-office, I searched Smithers, and in his coat pocket found this bit of a tobacco-pipe - I have had it ever since - I compared it with some other pipe before the Magistrate, in their presence; I compared it with a piece Williams produced, and it corresponds with it; the two ends fit as broken - it is not broken straight off, but dove-tailed; I afterwards went to the prosecutor's house, and observed they had removed a small pane of glass from the back kitchen window, and opened the shutter by a center-bit - some chips laid about under the window; I observed three or four footmarks in the garden - they were quite distinct; there was not more than two impressions which could be measured fairly - I did not remark whether they were large or small feet; I afterwards received the shoes of all the prisoners, and delivered them to Mellish.
Martin. Q. How long after the robbery did you go to Choppin's house? A. The next day, about four o'clock in the afternoon - I went in at the front gate, but not where you got over; I saw no footmarks at the gate I went in at- they were close to the gate leading to the front of the house, not where the servants go in - I found no footmarks any where else.
GEORGE MASON . I am a Policeman. I assisted Williams in apprehending the prisoners - I searched Smithers, and found 10s. 6d. on him in money; I asked where they came from - they said they had come from Hertford that night - I afterwards went to the New-prison, Clerkenwell, and took Jones' shoes and clothes; I delivered them at the station-house to the inspector - there were some bits of pipe in Smithers' pocket; there was a whole bowl, and part of another bowl, but thinking them of no consequence I did not meddle with them; but next morning, when the tobacco-pipe was brought in question, I told Smithers, at the station-house,"You have got a tobacco-pipe in your pocket, Smithers;" he directly pulled this out of his pocket, and gave me, saying Yes, he had - he only gave me the whole bowl; the piece remained in his pocket.
Cross-examined by MR. CLARKSON. Q. The bowl was not either of the pieces produced before? A. No; I took no notice of them at first, so as to identify them.
HENRY JAMES PITT . I am a Police-serjeant. I took the prisoners from the Police-office to the New-prison, Clerk enwell - I took Smithers' clothes and shoes off, and gave them to Morgan, the inspector.
JOSEPH MELLISH . I am a Policeman. I received three pairs of shoes from the inspector, and took them to Mr. Choppin's on Sunday, the 30th; I went into the garden, and saw two footmarks against the front gate of the garden - they were near the gate, in the garden; I tried the shoes to the impressions, which were quite fresh - I found one shoe, belonging to Martin, correspond with one of the footmarks near the gate - it was in the mould, which was soft; the impression was distinct, except a small piece on the heel - a small part of the heel had caught against the box border; it seemed as if the impression had been made tip-toe; the toe was deeper - it was close against the fence, and appeared to be done by a person jumping down - I have no doubt whatever but the impression was made by that shoe; there were only two footmarks which I could compare - the other was so slight, I could not compare any of the shoes with it; in another part of the garden, near the hall window, I found another footmark, and tried Smithers shoes to it, and found one of his shoes corresponded exactly with the mark; it was a shoe without nails- there was nothing particular in the impression; it was a small shoe of the left foot - there was only the impresssion of one foot; a person stepping off the gravel path on to the border where the mark was, would reach the window with one foot, and the footmark pointed as if going to the hall window.
Q. What distance from the fence was the mark which Martin's shoe matched? A. About a foot; I have no doubt whatever that the impressions were made by Martin's and Smithers' shoes.
Cross-examined by MR. CLARKSON. Q. On what day had the house been broken open? A. On the Friday; I have not heard Mr. Choppin examined - I believe there had been rain between the Friday and Sunday, but the rain did not at all interfere with the footmark, as it was shaded by a laurel tree; there had been very little rain at Enfield, I believe, though there had been a great deal in London - I only know that by inquiries I had made.
COURT. Q. Was the mark of Martin's shoes towards the house or from it? A. The side of the footmark was towards the house.
MR. CHOPPIN. I do not recollect that there was much rain between the Friday and Sunday; I think not - the impressions were not altered in the least; the garden had been raked over the day before the robbery - the descriptien given of the footmarks is very correct; one of the men I saw had gilt buttons as he went down stairs, and the other had dark clothes, and at the office Jones had gilt buttons; he has a mark on his face.
Jones' Defence. On the Thursday previous to the robbery I started to look for work - my father gave me two sovereigns, and a letter of recommendation to go to Cambridge; I proceeded as far as Hertford, and finding I had lost the letter, I thought it useless to proceed - I returned, and by the station-house was taken into custody; had I been guilty I might have escaped several times - I was not handcuffed.
Smithers' Defence. I was out of work, and went into
Martin's Defence. I beg to call your attention to a few remarks; I have no friends to speak for me - at the first examination the prosecutor said he called in a carter, who jumped over the fence - now he must have made footmarks; the Policeman measured the footmarks, which were eleven inches, and my shoe measures longer; the Policeman did not fit them till three days after the robbery - I call your serious attention to this part of my case.
SMITHERS - GUILTY - DEATH . Aged 25.
MARTIN - GUILTY - DEATH . Aged 28.
JONES - NOT GUILTY .[Oct. 8th.]
Second Middlesex Jury, before Mr. Justice Park.
2210. NICHOLAS WOOD and THOMAS JEPSON were indicted for feloniously breaking and entering the dwelling-house of George Clarke , on the 29th of July , at Paddington, and stealing therein 1 purse, value 6d.; 13 silver spoons, value 3l.; 1 watch, value 3l.; 3 handkerchiefs, value 6s.; 10 guineas, 1 half-guinea, three 50l., one 40l., one 30l., three 20l., three 10l., and three 5l. Bank notes, his property .
MESSRS. ADOLPHUS and BARRY conducted the prosecution.
GEORGE CLARKE . I am a hay-salesman . On the 29th of July I lived at Irongate-wharf, Paddington, in the parish of Paddington - it is sometimes called St. Mary - I keep the house; there is a passage leading to a public-house running by the side of the wall of my premises; the passage is a thoroughfare through the public-house, but on Sundays during divine service the public-house is closed, and people cannot get through; the passage goes by my house and leads to Mrs. Kemps - on Sunday, the 29th of July, I had in my possession three 50l., a 40l., a 30l., and three 20l. Bank notes, with several tens and fives; I should think there was between 400l. and 500l. - my wife had put the money into a red pocket-book up stairs in a drawer in our sleeping-room - I had seen it there; the drawer was locked - I had three silk handkerchiefs; I think all three were yellow - I left home on that Sunday, about three o'clock in the afternoon, with my wife, leaving nobody in the house; the back door was locked - all the doors were locked, and the windows down and fastened; there is a wall runs by the side of my premises seven or eight feet high - we returned home between seven and eight o'clock; my wife was with me - I found a great number of people assembled; I went in, and found the bar of the back window pulled out, and the wood broken - it was large enough for a man to get in; I went up to my bed-room, and the locks of the drawers were broken open - the drawers were pulled out; the beds pulled off the bedsteads apparently to be searched; I missed the notes I have mentioned, and ten guineas, half a guinea, and three silk handkerchiefs, with silver and sovereigns to the amount of 40l. - Adamson, the Policeman, has shown me a 50l. Bank note; it is part of the money I lost - we call the parish Paddington; it is as well known by that name as St. Mary, Paddington.
SARAH CLARKE . I am the prosecutor's wife. He had a good deal of money and Bank notes at the end of July; he gave the money into my hands to take care of - I put the notes into a pocket-book, and the cash into two different bags; there were three 50l., notes among the rest - I remember the name of "Shaw, Paddington," being written on the back of one of the 50l. notes; there were, I should think, five, or perhaps more 5l. notes - I saw the money and notes safe on the Saturday, I think; I left them in the drawer in the pocket-book on Saturday afternoon, when I had occasion to go to the drawer - the notes were in one drawer and the cash in another; I saw them both, and all safe that afternoon about three or four o'clock - I had the key of the drawers in my possession, and it was never out of my possession; I left the drawers safely locked up; I went out with my husband at three o'clock on Sunday afternoon, and returned between seven and eight - I found the bar of the back window broken, and the house broken into; I am quite certain the whole house was safe when I went out - a stranger must get over the wall to get to the back window; my husband's brother had a key - I found the Bank notes, cash, and three handkerchiefs gone; two of the handkerchiefs were yellow, and the other yellow mixed with red - they were down stairs, in a bureau drawer.
EDWARD MACK . I am a milkman On the 29th of July I lived at No. 1, Market-street, Edgware-road, about three minutes' walk from Clarke's - I was passing by his house on Sunday, the 29th of July, as near as I can judge, about a quarter after twelve o'clock in the day; I know the passage near Clarke's house leading to the public-house - I saw some men in the passage.
Q. Are the prisoners the persons you saw there? A. I certainly did swear to Wood, but I was persuaded at the time at the station-house, when I was brought tlex, by one or two men - that was some time after the Sunday; I was persuaded to swear to Wood.
COURT. Q. Then you did it from persuasion, and not from your own conviction? A. No, not from my own conviction - I saw three persons in the passage near to Clarke's house.
MR. BARRY. Q. Turn round, and tell us if you see any person who you saw on that occasion? A. I cannot exactly swear I saw that man (Jepson) because their heads were turned towards the gate; I was examined at Bow-street - I believe Jepson was one of the men, and I believe the other man is innocent; I believe he was not there at the time - I was examined at Bow-street three or four times; I should not know the third man, because he was kneeling down - I just saw the glimpse of the other two faces; I was standing there two or three minutes - they were six or eight yards from Clarke's premises, and I was ten or twelve yards from them - I saw a bundle by the side of the one who was kneeling down, and I really think it was a silk handkerchief - it was yellow; I went away, and returned to the same place half an hour or three-quarters of an hour afterwards, and saw two men there.
Q. Were they two of the three you had seen half an hour before? A. I think they were - I cannot say; one was, and that was the one I had seen kneeling down, but the other I do not think I had seen before; that man was neither of the prisoners - I only just passed by at that time; they were in the passage, in the same place as the
Q. How many times had you seen him before that day? A. None: he was doing nothing but walking about - he had nothing; I did not speak to him, nor he to me.
COURT. Q. When was you examined at the station-house, and persuaded to swear to Wood? A. I suppose about a week after.
Q. Why not tell the Magistrate you had been persuaded to swear to him, but not from your own conviction? A. I might not think any thing about it; I swore postively to Wood at Bow-street: I did not know him before - I have not seen any of his friends since, nor his attorney, nor been examined by him.
Q. I ask you again, why not, when on your oath before the Magistrate, state that you had been persuaded to swear to him? A. Because I was not asked - I swore to him positively before the Magistrate.
Q. How dare you, before the Magistrate, swear Wood was the man, when now you swear he was not? A. I never thought of it, hardly; I was examined at Bow-street about five weeks after the robbery, as near as I can guess; I swore to Wood when I was persuaded to do it - I cannot tell on what day I was examined.
ANN CLARKE . I married the prosecutor's brother, and we live opposite his house. On Sunday, the 29th of July, between three and four o'clock, I was at my window, and while there the prisoner Jepson spoke to me - he was alone; he asked me if Mr. and Mrs. Clarke were gone to Harrow - I said I did not know where they were gone, but they had gone out for a ride, but I said he might speak to my husband; he said, "Oh, no, I will call to-morrow" - he did not say what he wanted; he did not call next day, to my knowledge; about half an hour afterwards I saw two men walking past, one in the road, and one under my window - they had a handkerchief, with something long rolled up in it: I believe Wood was one of the men, but cannot swear to him - Jepson was not one of those two; there are three or four houses in the passage leading to the public-house; the public-house goes into the Harrow-road, but there are no houses on the passage to the public-house - it joins a great shed; my husband's house is at the bottom of the passage, and the prosecutor's house joins the passage - when the passage is stopped, you cannot get to any house but ours and Clarke's; there is a gate at the end of the passage; my husband had the key of the prosecutor's outside shed door - it was in his possession; a person having that key could get into the premises, but nobody had it but him - it was the key of the shed alone.
Cross-examined by MR. PHILLIPS. Q. Point out Wood? A. That is him; I did not tell the Magistrate I never saw Wood till I saw him there (at the office) I said I saw him pass my window, but could not swear to person - I do not remember swearing that I never saw him till he was at the office; I swear I did not say so- Jepson was alone under the window.
Cross-examined by MR. CRESWELL. Q. It was between three and four o'clock that Jepson asked if the prosecutor was gone to Harrow? A. Yes; he might be wo minutes speaking to me - he went away when he got his answer; I saw nothing more of him that day - I never saw him before, and did not see him again till he was in Newgate; I went down to Newgate, and picked him out in the yard among all the prisoners, before I swore to him.
JOSEPH CLARKE . I am the husband of the last witness. On the 29th of July I had the key of the shed door; it was not out of my pocket at all; I had no communication with the prisoners - I did not see them.
WILLIAM ADAMSON . I am an inspector of the Police. I first heard of this robbery on Thursday, the 13th of September - on that day I had some business to do with Jepson: I had apprehended him on the 5th of September, for something else, in Scotland-yard, and took him to Gardener's-lane station, and told him I must search him - he immediately put his right hand into his trousers pocket, and pulled out a wire purse, and took something from it - he said, "I must look what property I have got before you search me;" he took something out of the purse, and crumpled it up in his hand - I then seized hold of his hand, and got possession of what he crumpled up; it was a 50l. Bank of England note; I took from him a 20l. Bank note, and two fives - I was compelled to give them up last Session, to Mr. Wood, the under Sheriff; I took the numbers of them - the two fives were Nos. 23,560 and 23,563, both dated the 9th of June, 1832; Jepson was committed on the charge I apprehended him on, and was tried here; the Session commenced on the 5th of September, and on the Thursday, the 13th, while Jepson was waiting for his trial, I saw the prisoner Wood at the New inn, Old Bailey, and apprehended him there, in the passage of the New Inn - I took him into the coffee-room, down to a small box, to search him; he pulled out his watch, and I was in the act of taking his watch-guard off his neck, when Mr. Wooler, who I believe is the solicitor's clerk, came across to the table, put his left hand out, pushed me on one side, and seized the watch and guard with his right hand, took possession of it, and desired the prisoner not to give any part of his property up to me, but to give it to him; Mr. Wooler was then standing on the other side of the table, near the end, opposite the prisoner; he came round the end of the table, got between the prisoner and me, and took possession of the whole of his property; he took from him a purse - I asked Mr. Wooler what it contained, and told him he was acting very improperly in interfering with me in my duty; he said, "It is no matter, I shall be answerable for all this property - don't give it up to that fellow, it won't be safe in his hands," and that it was a pity the public paid for such men as me, and it would he safe with him - I requested him to give me the numbers of the notes, which he did; there were two 5l. notes in the purse, with three sovereigns and a half in gold - I got a scrap of paper and pencil, and put the numbers down; he gave them to me: they were 23,561 and 23,564, both dated the 9th of June, 1832; while I was taking the numbers of the notes, the prisoner pulled off his hat, took out a yellow silk handkerchief, and threw it towards Mr. Wooler; Mrs. Wood (as I believe her to be,) who was in the room, picked it up - I said to Mr. Wooler, "Did you see that?" he said, "Oh, I will be answerable for all this property
Q. Was the property produced at any of the examinations? A. I saw the watch and two 5l. notes at Bow-street, and they are in my possession now; the handkerchief was never produced, nor yet the purse or sovereigns - I went to Wood's house, No. 12, Lambeth-walk, Vauxhall-road, on the following day; I knew it to be his house from information I received - I was at Bow-street when Wood told the clerk he resided there, and in consequence of that I went there next morning; I saw the woman there who had taken the handkerchief - I searched the house, and found three phosphorus-boxes with matches in a drawer in the back kitchen, and this chisel in the same drawer; I have since been to the prosecutor's house, and find this chisel very accurately fits a great many places which were broken open, drawers and bureau drawers; I saw Wood in this Court on Jepson's trial - he was examined in Jepson's behalf, to prove an alibi - he said he knew him, and had been out with him pleasuring at Windsor and Hampton; that he had recently been at his house, and spent his evening with him- I have the 5l. notes and the watch; Mr. Wooler produced them at Bow-street, and Mr. Minshull ordered him to give them to me.
Cross-examined by MR. CLARKSON. Q. When you took Wood into custody, I believe you knew Jepson was about to be tried? A. I did; I was a witness - he was on the list for trial that day: Mr. Wooler never told me Wood was a witness for Jepson till I got to the Compter.
Q. Did he not request of you to send him in custody before the Court, to be examined, when you were at the Compter, before you took him before a Justice? A. No, he did not - I recollect when we got to the Compter Mr. Wooler stated to the person who took the charge, that he was a very material witness to prove an alibi for Jepson; I do not recollect his requiring that he should be brought in custody before the Court; the person sitting there refused to take the charge, in consequence of what Wooler said, but I stopped him, and took hold of his arm in the street, and he requested me not to take him further: he did not at any time request me to send him to the Court to be examined for Jepson - I desired to examine the Bank notes at the Compter, to see if Mr. Wooler had told a falsehood, and I saw them; Mr. Wooler produced the same notes before the Justice - I have been told the purse lost was a clasp one; the one found on Wood was a long one with a slide; I remember when Mack was first examined before the Justice - it was on the 13th, and on the 27th, when you came, the depositions were taken a fresh.
Q. On your oath, did Mack attempt to swear to Wood before the Justice till you had rode home in a coach with him, after the 27th? A. I never rode home in a coach with him at all - I put Wood into a cab, and sent him off to the station-house, and when I got to Bow-street the prisoner was brought in - Mack was brought in, and identified him that evening - that I swear; the Magistrate's clerk was there, and is here now - it was on Thursday, the 13th: I was not at the station-house at all with the prisoner, nor with Mack, and do not know what took place there; I appeared at the next examination, on the 20th, and then Mack swore to him - I was there on the 27th; I never saw Mack at the station-house at any time - I heard Mack examined on the 27th- what was said was taken down in writing; I was asked before the Justice if I could not have taken the yellow handkerchief from Wood's wife if I pleased; I said I could, but the prisoner might have escaped while I was doing it: there was nobody with me - there were many persons there; Morgan came up when I first apprehended Wood - there might very possibly be an officer in the room when she received the handkerchief.
Q. On your oath, was there not, and have you not sworn it? A. I have sworn I went to Forester, a City officer, and asked him to take him into custody, it being in the City; I was not accompained by a brother officer, and had not one in the room at the time I took him; I never swore so- when I went to the house next day I applied for the handkerchief, and searched the woman to find it; I did not take her into custody - Mr. Wooler told me the numbers of the notes, and promised to produce them before the Magistrate, but he did not till he was compelled; he did not bring them the first time: I have not been offered any reward in this case - nobody has ever said any thing to me about it; I never asked Mr. Clarke for any thing, nor had any conversation with him about it - I have been at a very great expence in it - I think I have spent nearly 2l.; I was obliged to come from Croydon at my own expence, and never had a farthing, nor asked for any thing; Gosling, the publican, is here - Mr. Wooler had the watch in his hand, and held it by the chain; Clarke was behind me, and I said, "Is that your watch?" he said, "No, mine was silver - that appears to be a gold one;" I know nothing about a ride in a coach from Bow-street to the station-house - I call the instrument produced a turn-screw; I have not inquired whether there is a more common instrument in London.
MR. CLARKE. This 50l. note is one of mine - it has on it, in my own hand-writing, "Shaw, 19th of June, 1831;" I received it from him, and had had it by me a good while; here is G. C., my initials, under the name, in my hand-writing.
The 5l. notes produced were Nos. 23,561, 23,563, and 23,564.
MR. JOHN STAFFORD (chief clerk of Bow-street.) The parish in question is Paddington; it has been described as Paddington only for the last twenty years - it is some times called St. Mary, but I never use that name.
Cross-examined by MR. CLARKSON. Q. Is not the proper name of the parish St. Mary? A. Not to my knowledge; it is only within a few years that I have heard it called St. Mary.
Wood's Defence. Respecting the Bank notes found on me, if the Bank clerk was present you would find two of them were taken from the Bank previous to Mr. Clarke's robbery; they could not be Clarke's - I mean
JOHN OSRORNE . I am a tailor and cap maker, and live at No. 34, King-street, Borough, and am a house-keeper. I know Wood; he came to my house on the 29th of July, about three o'clock, as near as possible, to ask me to go to Gravesend on the following day - I know it was the 29th, because I had an order to get in on the 30th, and told him I could not go on that account; he remained at my house till half-past eleven o'clock at night.
MR. ADOLPHUS. Q. How long has he been acquainted with you? A. Fifteen or sixteen years - he lived in Vauxhall-walk, Lambeth; he was brought up a tallow-chandler, and sells candles by commission; he did not dine with me; I am sure it was as late as three that he came, because I was just going to church - nobody has applied to me about this; I did not attend at Bow-street.
Q. When did you first tellany body what you could prove? A. About a fortnight ago - I believe I told my wife; she had seen him there - I mentioned it to the prisoner's mother; I did not tell Mr. Wooler of it - I never mentioned it to any body till a fortnight ago: I then heard he was in trouble, and in reading the newspaper I saw it was on the 29th of July; my wife was at home on the 29th, and another young woman; the young woman is now in Court: my wife was there first, and saw him come in - he drank tea and supped with us - I did not go to church, as he came in: I did not go to Gravesend with him; I was not here last Session, when Wood was examined - I did not go with him or Jepson to Hampton or Windsor; I never saw Jepson before - I have not been to Woods' house more than once for the last six months; he never sent for me to come forward.
MR. PHILLIPS. Q. Did a female call on you to know what you could say in Woods' behalf? A. Yes, his mother called about a fortnight ago - I told her what I could recollect about the 29th of July.
WOOD - GUILTY - DEATH . Aged 27.
JEPSON - GUILTY - DEATH . Aged 28.[Oct. 19th.]
Second Middlesex Jury, before Mr. Baron Vaughan.
2211. ROBERT MACE was indicted for that he, on the 10th of September , at Hillingdon, in and upon Henry Neibour , feloniously, unlawfully, and maliciously did make an assault, and with a certain sharp instrument did strike, cut and stab him in and upon his belly, with intent to kill and murder him .
2nd COUNT, stating his intent to be to disable him.
3rd COUNT, stating his intent to be to do him some grievous bodily harm; against the Statute.
MR. CLARKSON conducted the prosecution.
HENRY NEIBOUR . On the 10th of September I was lodging at the Crispin public-house, Uxbridge-moor, in the parish of Hillingdon - the prisoner used to lodge near the Crispin. On Monday morning, the 10th of September, I came down to my breakfast a little after eight; Ewer was up before me - when I got down into the tap-room; the prisoner was there, among others - I got some bread and cheese for my breakfast from a cupboard in the little back parlour; I got the cheese on a piece of bread, and was toasting it at the fire; I had got a knife and fork; when I had half done it, the prisoner came to light his pipe at the fire, and hit me on the head gently; I took no notice of that, but continued to toast my cheese - shortly after that he turned back, hit me rather harder than before, and threw the cheese under the grate; I do not remember his saying any thing - I threw the knife and fork down, and ran and hit him with my fist; he then pushed me, and we both got up in a corner, and were scuffling and hitting one another; a man in the room parted us, and I sat down - a young man came in afterwards; I continued in the room till dinner time - the prisoner was there an hour or so; a man named Oxford gave me half a pint of beer; after we were parted, somebody proposed that I should fight the prisoner on Saturday night - I did not agree about that; when the beer was given to me I just sipped it, and the prisoner asked if I had any beer to give him - I gave him the remainder; after that he had a pot of beer, and asked me to drink, and we were on good terms again - I believe he left the house soon after that; we had the beer together directly after the scuffle - it was after nine o'clock; he left the house about half an hour after I drank with him; he did not lodge in the house at that time - I saw him bring a can and put on the table, about eleven o'clock or half-past; I was in the house, and had not been out -Symmonds and another man were there; we all three had a pot of beer - the prisoner asked whose beer it was; I said I did not know - he said, "Well, I don't care whose it is, I shall drink," and drank; he then went out - there was no quarrelling about his drinking, only somebody hallooed out "Come, any't you going to be a pot?" the prisoner left, and said no more to me - I went out with Symmonds about half an hour after the prisoner, and as we were walking I saw the prisoner leaning over a gate, where he used to lodge: I said nothing to him, nor he to me - I returned to the public-house to dinner after one o'clock; I dined in the tap-room, and about two I was looking out of the tap-room window, and saw the prisoner; he came into the tap-room by the back door; he said nothing to me-I said, "What, have you been for a walk, Bob?" he said, "Ask my a-s, you bl-y fool," and I said,"D-n your a-s, and you too;" I was just turning from the window, to sit down, when this passed - when I sat down the prisoner drew towards the mantel-piece, and I saw him take a knife off the mantel-piece; he pushed towards me, and just touched me with it about my trousers; I felt the touch - I did not see whether my trousers were cut at that time; I could not see the knife in his hand at the time, but I had seen him take it off the mantel-piece, and when I felt the touch about my trousers I supposed he had it, and tried to take it away from him, but could not - he pushed towards me, and run it into my bowels; I felt the stab, and hallooed out - he directly threw the knife down under the grate and went out; he did not speak a word - Symmonds came down stairs to me; I showed him what had happened to me - Saunders afterwards came in; I was put to bed, and Mr. Hilder, the surgeon, sent for - I had only one wound, and cannot say how long I was confined to my bed.
Cross-examined by MR. BARRY. Q. What occupation do you follow? A. I do any little jobs I can get, errands and that; I was not in the employ of any one master - I
Q. Did you challenge this man to fight you? A. He challenged me first; I do not recollect saying, "D-n you Ned, come out and fight like a man, if you are one;" I might say so - I did not go into the road and strip; I went as far as the door with my jacket off - I had taken it off in the tap-room, because we were going to fight; I believe Mrs. Cooper was having her breakfast at the time.
Q. Did she not say to you, "Be kind to the young man, and don't treat him in the way you are?" A. I do not recollect it - I did not strike him after the skirmish in the morning at breakfast; I did not knock him down.
COURT. Q. Who struck the first blow? A. He came to the fire to light his pipe, and touched me on the head, and the next time he hit me hard, and knocked my cheese down under the grate, and then I hit him.
MR. BARRY. Q. Was not the first striking as if it was in fun, putting his hand on your head? A. Yes; I did not take any notice of the first striking - the second was done in the same way, only harder; he did not bruise me, he only jolted the cheese - I felt it, but it did not hurt me; I struck him by the side of his head, and knocked his pipe out - somebody had used the knife, and left it accidentally on the shelf.
Q. At the time you received the wound in the stomach were you not advancing towards him with your hand raised? A. No, I was not.
COURT. Q. You were standing at the window, he came up and touched you, but not to hurt you, and seeing him with the knife, you went to take it from him, and then he struck you? A. Yes; he then threw the knife down and went out - I had had no quarrel with him at all about a young woman.
RICHARD EWER . I live close to the Crispin, and was there to breakfast on the morning of the 10th of September - I had taken a knife there in my hand, and after eating my breakfast I laid it on the mantel-shelf, in the tap-room; it was a case knife, not a clasp one - there were several persons in the room; the prisoner was one; the prosecutor came down to breakfast shortly after I placed it there - I saw him toasting his cheese; the prisoner and him were afterwards going to fight - I separated them - Neibour pulled his coat off in the tap-room, and went out into the road to fight; Mace said he would not fight him then, he would fight him on Saturday night- Mace had said he had got his Sunday clothes on then, and should not like to make them dirty; they had some beer together; after that I went away, leaving the prisoner and Neibour drinking beer, and apparently friendly - I returned to the Crispin about half-past one o'clock; I did not see the prisoner when I came in - Neibour was eating his dinner at the tap-room table, and after that I went out, leaving Mace standing at the window - I saw no more.
Cross-examined. Q. You were not there at the time of the occurrence? A. No; I left about two o'clock, and went to my work - the prosecutor was not at all violent in his conduct, nor making a noise while I was there- I suppose I was there two or three hours; it was after the prisoner gave him a bonneler that he went out to fight; I did not hear him use any oaths - I only had half a pint of beer of my own, and drank once out of a pot.
MR. CLARKSON. Q. Did he offer to do any thing, or say any thing, till Mace gave him the bonneter, as you call it, on the head? A. No.
COURT. Q. Did he receive a second blow before he offered to fight? A. It was the second blow on the head - it was a slight blow; he dropped the cheese, and went to hit Mace; this is the knife I had to eat my bread and cheese (looking at it.)
THOMAS SYMMONDS . I lodged at the Crispin, and was present when Neibour was toasting his cheese - his statement about that is true; the prisoner hit him twice over the head - Neibour did not strike him till after he was hit twice; I went away between ten and eleven o'clock, and returned a little before one; I went into the tap-room, and remained there till about two - I saw Neibour come in, and have his dinner; I did not see the prisoner return to the house - I went up stairs a little after two, and while there I heard a sad screaming down stairs; I went down into the tap-room, and found Neibour there, alone - he said he had been stabbed, and I saw that he had; I saw part of his bowels out - I assisted him up to bed, and went for the doctor.
Cross-examined. Q. I suppose he had a hat on his head at the time he was struck? A. He had a cap - the striking knocked it over his eyes; that is sometimes done in fun.
HENRY HUGH HILDER . I am a surgeon, and live in the neighbourhood of Uxbridge-moor. On the 10th of September, between two and three o'clock, I was returning from my round, and when within a few yards of this house a person told me somebody was at the Crispin who had been stabbed; I went and saw the prosecutor on the bed - I took up his shirt, perceived a wound in his belly, and the howels protruding - the bowels had been perforated in two places; that might be done by one stab; it was an extremely serious wound - persons after such an injury generally get into a great state of depression; but I should say he was not drunk, but if he had drank a considerable quantity that morning, he would have presented the same appearance; he was in a state of colapse and depression; I have attended him ever since - he is not quite recovered yet - in my judgment, it was a very dangerous would; it was by bleeding him down to death's door that he was saved - the bowel has been restored to its place, and things are going on properly; I think the bowel is healed, but the external wound is not quite healed yet.
BENJAMIN CLARK . I apprehended the prisoner near Uxbridge, about half a mile or three-quarters from the Crispin, at near three o'clock in the afternoon of the 10th of September.
Cross-examined. Q. Was it near Venning's dairy you apprehended him? A. It was near a dairy - I do not know the person's name; I gave the knife to Ingram - I got it from Shaw, a constable, who was not able to do his duty.
SUSAN COWDERY . I am single. I was in the Crispin on the afternoon of the 10th, standing against the taproom door; I saw Mace come out of the room - he walked away; I saw nothing in his hand - I did not see the injury done.
GUILTY (on the 3rd Count) - DEATH . Aged 20.[Oct. 19th]
Second Middlesex Jury, before Mr. Sergeant Arabin.
2212. HENRY WHITE was indicted for feloniously breaking and entering the dwelling-house of John Kenny , the younger, on the 18th of August , at St. Marylebone, and stealing therein 2 watches, value 3l., and 1 seal, value 12s., his property .
JOHN KENNY , JUN. I live at No. 39, Horris-street, in the parish of St. Marylebone - my father rents the house; his name is John; I rent the ground floor of my father - he does not live in the house - I pay him rent. On Saturday, the 18th of August, I went out a few minutes before seven o'clock in the morning; I locked the door, and took the key to my mother, at No. 45 in the street, where she lives - I left every thing secure in the room; there was a box there, locked; I returned about half-past eight o'clock; there are lodgers in the house - I found the window, looking into the back yard, broken open, which I am certain I had fastened - the brickwork round the frame was taken out, to loosen it, and the window frame thrown right into the room; the street is no thoroughfare, but quite a bye place - I found the place rifled, and missed from a box the articles named in the indictment - the box was broken open, which I had left quite secure; I made inquiry, and soon after received three duplicates from Connor, and gave them to the officer; I know the prisoner - he once lived in the same buildings as I did, but had nothing to do with this house.
ANN KENNY . I am the prosecutor's sister, and live with my father, in the same street. On Saturday morning, the 18th of August, about seven o'clock, I went to my brother's place to take his breakfast; it might be later than seven - I had the key, which he had left with my mother; as I was opening his door, somebody inside pushed up against the door - I found the prisoner inside my brother's room, where the trunk was; I was trying to push the door open, but could not; I pushed it a little way open, and saw his white trousers - I went round, and opened the window shutter, which was a little open, and then he came out at the door which I had opened; I had seen him before, and knew him by sight, but I was a little girl when I saw him before - I am sure he is the person; as he went down the street he shook his head at me.
Prisoner. Q. How far did you open the door to enable you to see my trousers? A. Very little - I saw you come out, and you shook your head at me; I did not halloo out - when I went inside I found the back window broken open; the box was open, and a poker laid by the side of it.
MARY HEALY . I am a widow. I have known the prisoner from a child - I met him in the street in August last; he asked me to take three duplicates to his mother, and having known her so long, I said I would - I gave them to Connor, his mother.
JOHN NORTON . I am an officer. I apprehended the prisoner in Marylebone-lane, on the 27th of September; I have the duplicates - I heard of the robbery about the 20th of September, and was looking for him.
Prisoner. Q. Was I not in the habit of frequenting your house? A. No, for you had just come from Woolwich; I never supped at your house - I met you one day, and you said you wanted to dine with me, but I desired you not, for I did not want your company.
Prisoner's Defence. It entirely depends on the prosecutor - I have neither friends or relations, and entirely throw myself on your mercy.
[Oct. 22nd.] GUILTY - DEATH . Aged 25.
Second Middlesex Jury, before Mr. Justice Park.
2213. JAMES SUTTON , HENRY KEMP , THOMAS JONES , and ELIZABETH LAWSON , were indicted for that they, on the 23rd of September , at Christchurch, in and upon Robert Davis , unlawfully, maliciously, and feloniously, did make an assault, and with a certain piece of iron, feloniously, &c. did strike and wound him in and upon his head, with intent feloniously, maliciously, and of their malice aforethought, to kill and murder him .
2nd COUNT, stating it to be with intent to disable him.
3rd COUNT, stating it to be with intent to do him some grievous bodily harm; against the Statute.
THREE OTHER COUNTS, like the former Counts, only stating that the said James Sutton did, feloniously, &c., strike and wound the said Robert Davis ; and that Kemp, Jones, and Lawson, were present, aiding and abetting the said Sutton in the felony aforesaid, in manner aforesaid, done and committed; against the Statute, &c.
MR. ADOLPHUS conducted the prosecution.
ROBERT DAVIS. (Police-constable H 36.) On SunGeorge-street, Wentworth-street - I had my Police dress on; it is a neighbourhood where there are several streets of a mean and low description; between one and two o'clock in the night of Saturday, or the morning of Sunday, my attention was called by two females quarrelling; I believe the female prisoner to be one of them - they were noisy and abusing each other, and spitting at each other; I went to the female, who I believe to be the prisoner, and begged of her to desist - I am certain it was her; she was out of my sight afterwards, but I believe her to be the woman; I tried to persuade her to go away, which she did for a minute - she then returned, and went round the corner into Flower and Dean-street, then returned, and began to abuse the woman again; I have not a shadow of doubt that the female prisoner is the woman who returned - she appeared sober; I told her I should be under the necessity of locking her up if she did not be quiet -I laid my hands on her, with a view of moving her; I used no violence whatever, but merely laid my hands on her; it was not my intention to take her to the station - I did not wish to take her there, if she would have gone away quietly; during that time the three male prisoners stood by - I can swear to those three; they were there at the commencement of it - I was then thrown by the prisoner Sutton; I had not used any hard names or any thing to Lawson - I reasoned with her, and explained that it was Sunday morning, and the prisoner Sutton threw me down; I believe it to be him; I am sure all the three prisoners were there - on getting up I was beat by Sutton, at least I consider him to be the man; I believe him to be the man, but am sure he was one of the three near me; I am certain he is the man who struck me, and knocked me down, but the whole three were there - after being repeatedly struck by the prisoners in the face, (I was only struck by one, but held by several); I cannot say who held me - they then ran away; I followed them, and on coming to the top of George-street, they again turned round and attacked me - I had never lost sight of them; I was then struck by more than one of them, and, I believe, by all the prisoners; they struck me about the face and the body - I was then knocked down, and on getting up I lost sight of the prisoners; I then observed the female prisoner coming towards me - I cannot say whether she was present when they were beating me; I then took her into custody; after I had taken her she fought, and offered great resistance - I then knocked her down, and while she laid on the ground I endeavoured to spring my rattle, but having been so ill-used about the arms, I was unable to spring it to make any considerable noise; I then put the rattle into my pocket, and endeavoured to raise the woman off the ground - several persons came out of a house; I believe Sutton to be one of them - it is a private house; they endeavoured to rescue her - she and I were both dragged into the passage of the house; I was holding her, and she was endeavouring to get away from me - there were a great many persons endeavouring to rescue her; I then turned my dark lantern on, the passage being dark - I then saw Sutton on the stairs; he was standing on the stairs, apparently coming down, and had a piece of iron in his hand; I saw sufficient of it to know that it was iron - it was about as thick as a person's thumb, and from what I saw, I consider it ten inches or a foot long; I can swear he is the man who was on the stairs; I then received three blows on the head from it - Sutton gave them to me; I was then turned out of the house - the three blows apparently stunned me; they cut my head, and brought blood from it - I had the marks of eight cuts on my head at last.
Q. You speak of Sutton and Lawson, were the other two men present at the time you received the blows on the head? A. I cannot say; there were several persons present - the woman and Sutton I am positive were there; I have some faint recollection of my foot being jammed with the door, but I was stunned and stupified with the blows - I cannot say whether I fell when the blows were struck, for I was nearly stunned; the next thing I recollect of myself is, that I found myself standing near the door, and my head bleeding - I then saw Sutton come out of the door; I jumped upon him, for the purpose of securing him - he then commenced beating me again on the head with the iron bar; I then found myself become so weak I could not strike him on the head with my truncheon, and brought him to the ground on the top of me - I was down in a stooping position, keeping my head close to him to save it, and I being undermost, he fell on the top of me; after we had fallen, I heard the iron he had been beating me with ring against the stones at some distance from me, as if thrown away -I got up again, and finding myself so weak from the blows I had received, I held him with both hands, and left off beating him; during that time I was repeatedly struck by him and others - I cannot tell who they were; we again fell down, and on getting up I found myself alone with the prisoner Sutton, the rest were gone, and after a little struggle, Brooks, my brother officer, came to my assistance, with Green; Sutton was then secured - I was taken from there to the station-house by two officers; Sutton was afterwards brought there - I was taken from there to Mr. Mears', a surgeon, in Brick-lane, and am still under his care; I was taken home and went to bed - I was not exactly confined to my bed; I got up next morning; I saw no more of the other two prisoners than I have stated.
Sutton. He says he was not able to spring his rattle, and yet able to hold me - I wish to ask if he did not swear at Worship-street that he never saw me. Witness. I said I could not swear to you at the beginning of the transaction - that I believed you to be the man who struck me in the street, when I was first attacked, but I could not swear it.
JOHN STEINS . I deal in haberdashery and rags, and live at No. 15, York-street, Mile-end. On the 23rd of September, between one and two o'clock in the morning, I was coming home, and heard a rattle spring very low; I made a stop, and it sprang again slow - I ran down Wentworth-street - there is a street called George-street, which turns off to the right; I then saw Davis, the Policeman, having hold of Lawson; they had hold of one another, and a mob was there - I saw Davis dragged in doors by Lawson; she caught hold of his arm - I went and called for assistance, calling out Police! I was some time before I could find a man- I left the house for that purpose; I was full ten minutes absent - I ran a good distance before the Police
Q. You saw the woman dragging Davis into the house - was she alone, or were others dragging him in? A. Yes, she and other were dragging him in; I cannot swear that either of the male prisoners were among them - I saw blood on the hands of Kemp and Sutton, and pointed it out to the superintendent, Pearce.
Sutton. Q. Where was you when the rattle began to spring? A. In Wentworth-street; I turned into George-street in consequence of hearing the rattle - I was coming from Long-alley, Moorfields; Brick-lane was my nearest way home - I was in Brick-lane when I first heard the rattle; I then went into Wentworth-street and George-street - I was rather further from the spot when I first heard the rattle than I am from here to Newgate, but not so far as I am from Newgate-street.
Kemp. Q. When you came up the second time, and brought the officers, did you hear the Policeman say any thing? A. I do not remember hearing him say any thing - Brooks is the officer I fetched.
ANN SHEEN . I am the wife of William Sheen , and live at No. 52, Wentworth-street. I was up on the morning in question, and heard a woman scream out in the street, between twelve and one o'clock, or near one - I sent a girl out to see who it was, and as she did not return, I went myself, and saw Kemp, Jones, and Sutton ill-using the Policeman, beating and striking him; he was standing in the street then - they all fell together: they were beating him with their fists at that time, and trying to rescue the woman - the Policeman said, as he had been ill-treated so much, he would take her to the station-house; they then went along the street, fighting one among the other, till they got to the house where the female prisoner and Sutton lived; when they got near that house, Sutton went in doors, and the Policeman having fast hold of the woman - Sutton and the woman pulled him in sideways, till his feet and his arm got in; he then cried out "Oh! Bolton, Bolton - I am a dead man!" Jones and Kemp then ran home; they live within two doors of me - they live in different rooms in the same house; I ran home, and called my husband to come out with the rattle and spring it - we have a rattle of our own; I went back again - Kemp and Jones left their coats at their own lodging, and as I went back they ran past me, and Kemp said, "Before the Policeman shall take him, I will kill the b-gg-r;" when I got back the Policeman was against the window of the house where Sutton lived - he was leaning against the window ledge; Sutton came out with a piece of iron in his hand, about ten inches long, about as thick as my thumb, and turned up at one end; I saw him beat it about the Policeman's head - the other two men were not there at first: they came up while he was beating him with the iron, and the girl held him by the throat; they all beat him severely for some time - he could not for some time get his staff out of his pocket, but when he got it out he beat Sutton over the legs with it as hard as he could; the other two men held his hands together - two Policemen came up, and I saw Sutton throw the iron down among the crowd; there were a good many people there at that time - it fell on the stones, and made a noise.
COURT. Q. Was it after Jones and Kemp came back that you saw Sutton strike him with the iron? A. Yes, during the time they were there, he struck I think eight or nine blows with the iron; and they held him the while, till he got his stick; Davis tried to spring his rattle, but he could make very little noise indeed - they still continued to ill-use him till the Policemen came; I saw him beat Sutton with his truncheon very severely about the legs, when he could raise his arm; I have known Jones and Kemp these twelve months, and have not a doubt of them; they have no business that I know of; I do not know whether they appeared in liquor - I picked up the iron, and upon that a boy, who used to be with them, came and said, "Mrs. Sheen, let me look at that iron?" I said, "You shan't have it out of my hand," but he got it from me, and ran away with it; I have seen that boy with Kemp and Jones - he is in Clerkenwell prison now.
Q. What happened next? A. Sutton was in custody; Jones and Kemp ran away - I have known Lawson more than twelve months, and am sure she is the woman; I saw Davis' head - it was in a shocking state; the blood was running down his face and head - I was at the Police-office on the Monday afternoon, and saw the three male prisoners in custody, and when I was outside the office Lawson came up to me, and said, "You don't know any thing bad about me nor my young man, and I hope you will say as little as you can help.
Sutton. Q. What business had you up at that time of night? A. To look after such thieves as you; when we see such company as them in the street, we are bound to be up to take care of our property; I was not sitting up for my son; when the Policeman's arm was in the door, I saw you going up towards the stairs in the passage - I stood opposite the door; it was about five minutes from the time I left till I came back - the first thing I then observed was Sutton coming out of his door, with the iron in his hand.
JOHN CHAPMAN . I live with my mother in Bennet's-court, George-street. On Sunday morning, the 23rd of Septemner, I was up early, going to gather blackberries; I was going along, and heard a great noise in George-street, near Wentworth-street - I ran down to see what was the matter, and saw Davis, the Policeman, persuading a young woman to go home; I cannot say who the woman was - there were a great many more people there; there was more than one man- I saw Sutton there; I am sure of him - I did not know him before: Davis was persuading the young woman to go home very quietly - she was obstinate, and would not, and he attempted to take her to the station-house; Sutton caught hold of him by the collar, and got him down in the gutter, and then kicked him several times in the face; then Sutton ran away - Davis got up, and ran after him - he hallooed out "Bolton, Bolton," to come to his assistance; Sutton turned back, and struck Davis with his fist, and ran off again: a young woman directly ran and clung round Davis' neck, and used a bad word to him - I cannot say whether it was Lawson or not; I do not think it was her, but it was dark - Sutton made his escape into a house, while the woman held Davis; Davis then got the young woman from the ground, and was going to take her to the station, but several others dragged him and the woman into the house; he got his foot and knee tight in the doorway, and hallooed out, "Oh, my knee!" they had pinched it in the door - I did not go into the house; Davis afterwards came out of the house, and fell against the window stone - I was close to him; his head was bleeding in a dreadful state - Sutton came out of the house with a long piece of iron in his hand; Davis laid hold of him, and said,"You are the man I want," and he took and cut Davis ever so many times on the head with the iron; he struck him eight or ten times with it, as near as I can say; I saw some Policeman come up afterwards, and lay hold of him; Davis had hit Sutton on the legs with his staff; nobody else struck him - I saw no woman there; I saw nobody there but Sutton and the Policeman at any time after they came out of the house; I staid till the iron was thrown away - he got from the Policeman after he was on the ground, and ran away; a rattle was sprung, and he turned back again and fell, and the iron fell from him - I saw it on the ground, and left it there; I do not know what became of it - I went to the station with the Policeman, who was bleeding, and then assisted him home.
Sutton. Q. Did I come out of the house after the Policeman's knee and foot were in the door, or before? A. After.
SAMUEL GREEN . I am a Policeman. On the morning in question I was called to the spot in George-street, leading into Wentworth-street, and saw Davis holding Sutton; I caught hold of him - Davis was bleeding very much from the head; I said, "Davis, let go - I have got hold of him," and then he did let go; he was very weak, apparently from the loss of blood - I took Sutton to the station-house; there was blood on both his hands - there were a number of people standing by; Davis' head was cut in several places - I was not present at any of the violence.
JOHN BROOKS . I am a Policeman. I went up to Davis' assistance - Sutton was striking him with his fist when I got up - there were some other persons there; I saw nobody else using violence - I saw Sutton at the station; his hands were bloody - I did not see either of the other prisoners at the station.
Sutton. Q. Did you not come up at the same time as Green? A. I was there about half a minute before him - I just got you by the collar as Green came up.
HENRY BOLTON . I am a Policeman. I was on duty on the night of the 23rd of September, in Wentworth-street, Whitechapel; I heard an alarm, and went up about the same time as Green and Brooks - about a quarter of an hour after Sutton was taken, I apprehended Kemp at his house, in Wentworth-street, two doors from Mrs. Sheen's; when I got him to the station-house I examined his hands; I found blood on two fingers of his left hand, and a kind of blood and mud in the centre of his right hand; I went back to the same house that night, and took Jones, but not in the same room.
Kemp. Q. What did you say when you came into my room? A. I said I wanted him: he was in the room with a female, and had got his coat off - he said, "Let me put my coat on," which I did, and he came directly.
Q. When I asked what you wanted, did you not say,"Not you?" A. No; you did not say in the room that you had had beef-steaks for supper, and was just going to bed; you said so at Worship-street.
WILLIAM FITZMAURICE PIERCE . I am an inspector of the Police. I apprehended Lawson at the back of Worship-street office on the 25th of September, while the other prisoners were under examination; Mrs. Sheen was there - I saw Sutton and Kemp brought to the station on the 23rd, and saw blood on their hands - Kemp said he had been cutting beef steaks at home, and I believe he said so at the office.
JOHN STEPHEN FITZPATRICK . I am assistant to Mr. Mears, a surgeon, of Brick-lane. On the 23rd of September, about half-past one o'clock in the morning, I was called up to attend Davis; he was very much injured - he had received several wounds along the side of the head and the scalp; they were confused wounds; there was, I should think, six wounds; but they communicated one with the other, so that I could not exactly tell how many there were - from the nature of the wounds. I considered dangerous consequences might ensue; they had broken the skin, and penetrated to the cranium - I thought him in danger; he is not out of my care yet; I do not think he will be fit for duty for a month yet, or perhaps more.
Sutton's Defence. I had been out all the evening, and was rather tipsy, and coming home, I heard the squalling
ROBERT DAVIS. I had not said a word to him, nor struck him, till I was attacked; I was not ill - using any woman - I did tear his coat; I did not put my hat on his head.
Kemp's Defence (written). On Saturday, the 22nd of September, I arrived at home, at my lodgings, No. 46, Wentworth-street, Spitalfields, between the hours of twelve and one o'clock, and, after talking with my landlord for a short time, I then went into my own room, in company with my wife - the room which I occupy is one adjoining my landlord's shop; I asked my landlord if I should fasten the street door - he replied Yes, and I accordingly did so; I then sat down with my wife, and had some beef steaks for our supper, which I cooked myself - while at supper, a knocking came to the street door, about half-past one or two o'clock; I got up and answered the door, which I opened, and three or four Policemen came in - I then asked them what they then were going away from my room, when one of them turned back, and asked me if my name was not Henry Kemp - I said it was; they told me I must come with them - I asked them what for; they said, "You will see when you come to the station-house;" they then took me to Spitalfields station-house - I again inquired on what charge I was a prisoner; the inspector said for beating one of their men - I inquired when it happened; he said a quarter of an hour before - I said I could prove my innocence; my landlord came to the station-house, but they would not hear what he had to say - I asked them if bail would be accepted; the inspector said he did not know whether the man was out of danger or not, therefore he would not take bail - I was then locked up till Sunday night, when the Policeman Davis, and some more, called me out, and after Davis had looked at me some time, he said to me, "Put your coat on;" I asked him if he knew the colour of it - he said No; I then put on my coat, and after looking at me some time, he said softly to one of the others,"He is not one;" I was then again locked up till Monday morning, when I was taken to Worship-street office, and remanded till Tuesday morning, when I was fully committed for trial - I had not seen the prisoner James Sutton since the day before I was first taken to the watch-house.
Jones's Defence. I came in about ten o'clock, and went up stairs to bed about eleven; I heard nothing more till Sunday night, when I came home about ten, and in about a quarter of an hour two Policemen came, and said they wanted me for a row, and if I came to the station I should hear all about it; they then said it was for ill-using the Policeman.
Lawson's Defence. I was not there at the time, and know nothing about it; I was in bed and asleep by ten o'clock.
PRISCILLA FLEMMING . I am married, and live with my husband, at No. 49, Wentworth-street. Kemp and Jones live at our house; I cannot say whether Kemp is married; a young woman lives with him - they have lived in my house eight or nine months. On the 22nd of September he came home about twelve o'clock, on Saturday night, as near as I can guess - it was while I was shutting up; I keep a chandler's-shop; he occupies the back room adjoining my shop; when he came home he was quarrelling with his young woman for not having his supper ready, and while they were quarrelling I went to bed - I sleep in the next room, on the ground floor - there is a parlour, his room, and a little shop; my husband was in bed before me about half an hour.
Q. What did you hear next? A. When the young woman went to get the supper ready she had not got the frying-pan, and then they got to blows; I got out of bed, and told them to be quiet; my mother-in-law, who sleeps on the first floor, got out of bed, opened the door, and told Kemp to open the door, and go over to Mrs. Wass' for the frying-pan - I heard them sit down to supper; I then heard no more till my husband got out of bed, to go into the yard, and while he was there Bolton, the officer, came - I did not see him; I got out of bed because I heard Bolton say he wanted to get into Kemp's room; my husband, as he was coming from the yard, opened the street door to Bolton, and showed him the prisoner's room; Bolton went in, and said, "Is your name Kemp?" the prisoner said Yes, and he took him.
MR. ADOLPHUS. Q. Where is your husband? A. He is forced to be at work; he has some things to finish which are to go on board ship; my mother-in-law is at home -I do not know where the woman who lived with the prisoner is; she does not live at the house now - I have been in Court during the examination.
Kemp. Q. Did I not say my landlord was waiting outside to give bail? A. You said no such thing, to my recollection.
ROBERT DAVIS. I asked Kemp to put on his coat on Sunday night; I did not whisper and say he was not the man; I said he was not the man who had ill-used me with the bar - I did not whisper.
SUTTON - GUILTY - DEATH . Aged 27.
On the Third and Sixth Counts.
KEMP - GUILTY - DEATH. Aged 21.
JONES - GUILTY - DEATH . Aged 20.
On the Sixth Count.
Kemp and Jones recommended to Mercy, thinking them not so maliciously implicated as Sutton .
[Oct. 22nd.] LAWSON - NOT GUILTY .
First Middlesex Jury, before Mr. Recorder.
2214. GEORGE BATES was indicted for feloniously breaking and entering the dwelling-house of William Blackborn , on the 16th of October , at St. James', Clerkenwell, and stealing therein, 1 watch-case, value 7s., his property .
Middleton-street, Spafields, in the parish of St. James, Clerkenwell . On the 16th of October, about half-past five o'clock in the evening, this watch-case was in my window, attached to a watch - I was in the the middle of the road, and saw the prisoner come up to my window; he broke a pane of glass with his fist, and snatched at the watch; I turned round and pursued him four or five yards from the house; the case was apart from the watch - I found it in the area - it had been thrown into the area; the body of the watch kept on the book, the ticket and case came off; I secured him four or five yards from the window; he said he did it from distress, and wished to be sent out of the country - it is a silver case, and worth 7s.
JOHN HOWITT . I am apprentice to Mr. Blackborn. I was standing in the shop, and saw the prisoner strike at the window, and seize the watch; the case and ticket came off in his hand; I saw him throw something down the area; I ran out, saw Mr. Blackborn take hold of him, and saw him throw the ticket out of his hand; I took it up, and got the watch-case out of the area.
WILLIAM BLACKBORN. This is my watch-case.
Prisoner. I wish to go out of the country.
[Oct. 22nd.] GUILTY - DEATH . Aged 19.
Third Middlesex Jury before Mr. Justice Park.
2215. HENRY GRAY was indicted for that he, on the 16th of October , at St. Pancras, in and upon Maria his wife , feloniously, unlawfully, and maliciously, did make an assault, and with a certain sharp instrument, feloniously, &c. did strike and cut her in and upon her neck and throat, with intent to kill and murder her .
2nd COUNT, stating it to be with intent to disable her.
3rd COUNT, stating it to be with intent to do her some grievous bodily harm; against the Statute, &c.
MARIA GRAY . I am the prisoner's wife, and lived with him at No. 16, Clarendon-place, Somers'-town ; he is a cabinet-maker by trade, and I go out to needlework, charing, and washing ; we have four children. On the 16th of October we were quarrelling all day, I was going out to work in the morning, and he would not let me go, and I did not; we had had words the evening before - I was out at needle-work, and came in at eleven o'clock; he was standing at the door - we both went in, and he abused me; and said I had been wh-g, which I was innocent of - I told him I was quite innocent of any thing of that kind; we quarrelled in this way till we went to bed - we lodged at the house - the landlord interposed, saying he could not have that noise, and we went to bed - in the morning I wanted to go out to work, and he would not let me - he locked the room door, and kept the key; I sat down and got the breakfast, and went to needle-work for the rest of the day - he kept wrangling all the afternoon; he was doing nothing all day, but walking about - he walked about the room in the afternoon, and I suspected that he had a razor; he asked to have the privilege of a husband with me, which I refused - I said after the language he had used to me he should not; there was a mattress on the floor, which my children lay upon - he kept walking up and down the room with his hands under his coat tail; I looked at him and felt a sort of fear, and said, "My God, Henry, you have a razor behind you" - he said, "You lie;" I put my hand behind to feel if I could feel it, and he then brought it forward; he had it in his hand, it was open; I called out Murder! he then threw me back on the bed, and then cut me with the razor in two different places in my neck and under my chin - I called Murder! which brought Ann Lewis into the room; she lived in the back room; she opened the door; when she came inside and saw the situation I was in, she called for her mother to come down; her mother took him by the shoulder, and pulled him off me; I rose up, and went out of the room - I went to Mr. Robinson, the surgeon, and Mr. Fraser was called in.
Cross-examined by MR. BARRY. Q. What ages are your children? A. Ten, eight, five, and two years and a half; my husband had been doing no work for a few days before - he was out of work, but had been making a table or two to sell; he often said he wanted money to go on with.
Q. Had you stopped out all the night before? A. No; I had not been out all night for the last month or two.
Q. When he was pacing up and down the room, you was using violent language to him and he to you? A. I cannot say that I was; I am sure I did not call him ill names.
Q. Before you saw the razor in his hand, did you hear him observe that he could not use it for shaving, that it required sharpening, and he was going to take it to be done? A. Not any thing about it; I did not see him take it up - it was before I observed the razor that he wished the privilege of a husband; I did not try to catch hold of it - I went to try if I could feel it, and he brought it forward himself; I did not catch hold of his arm nor of the razor - I was going to do it, but he brought his hand forward; I am certain the razor was not in my hand at any time - I did not attempt to take it from his hand; he did not throw me on the bed, as if insisting on what he had asked for; it was all done instantly.
Q. Was not his hand up rather when he threw you on the bed, and you tried to catch the razor from his hand on the bed? A. No, I did not; I tried to keep his arms from me.
Q. Your impression is that he did not throw you on the bed to have connexion with you? A. No - he was over me before I was cut, and I was struggling to keep his arms from me, to prevent his injuring me; I called Murder! when I first saw the razor in his hand, before he touched me.
COURT. Q. Your hands were not at all cut? A. No.
JURY. Q. Do you go out to upholstery work, or what? A. Any thing I can get; I never did upholstery - I have made children's clothes and shirts.
Q. Did his cutting you in the throat appear the effect of accident? A. I cannot say.
ANN LEWIS . I live in the same house as the prisoner, with my mother. On the 16th of October I heard the prosecutrix halloo out Murder! I live in the back room up stairs - I went to her room; the door was not locked - I went in and saw her laying on the bed, on her back, and the prisoner laying on the top of her; her petticoats were not thrown up at all - I did not notice his breeches: she was bleeding at the neck a good deal - I screamed out for my mother to come down stairs; the prisoner continued to lay on her till my mother came - she caught hold of him by the collar, and pulled him away from her; I did not see any thing in his hand - I saw the razor next day.
Cross-examined. Q. Then he must have been some time on her? A. Yes; I ran down when I heard the cry; he continued on her till my mother came - he was some minutes on her; I went down directly she screamed out -I went with her to the surgeon, and after her wound was dressed walked home with her; she was not taken to the hospital.
DANIEL FRASER . I am a surgeon, and live in Clarendon-square, Somer's-town. The prosecutrix was taken to Mr. Robinson's shop - he was not at home, and I was called into the shop; I found the prosecutrix sitting on a chair in the surgery, very pale, with a handkerchief up to her throat - it was bleeding but very trifling; there was one wound on the left side of the chin; and one on the right side of her throat; the one on the chin was immediately below the chin bone, about an inch and a quarter long; it was a semi-circular sort of wound; it could not be deep; it went nearly to the bone - the other was a very trifling wound, about an inch and a half long, towards the lower part of the neck; it merely divided the skin on the right side of the windpipe, close by the side of it; it is impossible to say whether they were done intentionally, or by accident - it might be done by falling on a sharp instrument; it is quite impossible that it could be done by accident.
Cross-examined. Q. The second wound was very slight? A. Very, but in a much more dangerous part, for it was immediately over the principal blood-vessels of the neck - I observed next day a third wound; it was very slight, more like a scratch from a cat.
Q. I suppose the second wound might have been done if the razor had been dropped on the part? A. Yes, but the same drawing of the sharp instrument might have done both.
Q. The wound being semi-circular was the length you name, but not that size? A. No; she walked home from the shop: there was not much loss of blood; the injury did not appear to be inflicted with a heavy hand at all - I cannot say respecting the first wound, as it was so near the bone.
SAMUEL HEYWOOD . I am a Policeman. I was on duty in Seymour-street about half-past one o'clock; seeing a mob collected, I went and found the prosecutrix in a doctor's shop - I went to her house, knocked at the door, and was told to walk in; I found two or three persons in the room, with the prisoner, and took him - I asked for the instrument he had cut his wife with; he said, "You may find it if you can;" I called at his house next morning, to make further search, and the wife gave it to me - when I told the prisoner he must go with me to the station, he said,"Very well, I am ready to go with you any where;" as we went along to High-street, Marylebone, I asked him what made him use an instrument like that to his wife - (I had not then found it, and did not hold out threat or promise to him) - I said it would have been better to have used his fist; he said she was in the habit of going to houses which he had an objection to to work - I said"What houses?" he said, "Houses where girls live, and more than that, I pulled her out of a bawdy-house at Temple-bar;" I said, "A bawdy-house! perhaps she might go there to work;" he said, "No, she went there along with a gentleman, and I was determined to be revenged on her."
Cross-examined. Q. Were you and he alone at this conversation? A. Yes; we walked on first.
MRS. GRAY. I gave the razor to the officer; I cannot say it is the one I saw in his hand; I pulled it out of the fire next morning; the handle was burnt off - I could find no other in the room.
Prisoner's Defence. The Policeman has stated a most gross falsehood, in saying I said I would be revenged on her - it is as false as God is true.
Two witnesses gave the prisoner a good character for kindness and humanity.
[Oct. 23rd.] GUILTY on the 3rd Count. - DEATH .
Strongly recommended to Mercy by the Jury .
Third Middlesex Jury, before Mr. Justice Gaselee.
2216. JOHN WHITTEY , SARAH WHITTEY, alias ROSINA SARAH ANN ELIZA , and JOSEPH BULLIMORE were indicted for feloniously assaulting Michael Joyce , on the 3rd of October , at St. Sepulchre , putting him in fear, and taking from his person, and against his will, 1 sovereign, 5 half-crowns, 5 shillings, and 1 sixpence, his property .
MICHAEL JOYCE. I am a slater and plasterer ; I came from Warwickshire, and had been in town about nine days when I was robbed. On Wednesday, the 3rd of October, between eleven and twelve o'clock at night, I went into the Castle, public-house, and had half a pint of beer at the counter - it is near Sharpe's-alley, but I do not know the name of the street; I had a sovereign, 18s., and some halfpence in my pocket; I looked at my money when I paid for the half-pint of beer; I had five half crowns, five shillings, one sixpence, a sovereign, and a few halfpence; I had been drinking before that, and was not quite sober, but could recollect what happened; when I came out of the house, I had the sovereign in my mouth; I had taken it from the silver, being afraid I should give it for a shilling if I went to another public-house; the silver was in my waistcoat pocket, in a black purse; I do not know that either of the prisoners were at the public-house.
Q. How soon after you were out of the public-house did you see any body? A. About five minutes; the prisoner John Whittey and a woman came up to me - he took hold of me by the arm, and told me that was the right way to get to my lodging - he took me down Sharpe's-alley; when I was in Sharpe's-alley , John Whittey said "I will knock your bl-y head off," and without a word, he knocked me down - I had not said a word to him, nor to the woman who was with him - I know them
Q. How soon did you come to your senses? A. I recollect nothing more till next day, when I found myself in the workhouse, under Mr. Palmer's care; I am still in the workhouse; I was a good deal hurt on my shoulder and back; I was ill for a week or eight days - I saw no man but Whittey.
Cross-examined by MR. PHILLIPS. Q. Do I understand that you had your recollection so about you as to know perfectly well what you was about? A. I was not so far gone but I knew the party who struck me and knocked me down - I saw no third person; I was sober enough to see if there were three, but never took notice.
Cross-examined by MR. DONNE. Q. Had you got any employ in town? A. No; I had 7s. or 8s. or 10s. when I left home at Sheffield, but I earned some on my road here; I had about 2l. 7s. when I came to town - I worked for it on the road, at slating and plastering; I earned a sovereign in Lymington, and about the same in Warwickshire, and I earned 7s. or 8s. more; I have not earned any in town; I have been looking for a brother whom I have not seen for eight years; I spent all my money but 1l. 18s. and some halfpence; I believe what I paid at the Castle for my beer was 1d., for it was common beer; I never said I changed a sovereign there; I did not offer the landlord a sovereign for a shilling - I gave a sixpence; I did not offer the landlord a shilling; I am quite sure the male prisoner was by at the time the female was standing over my head.
WILLIAM DRAPER . I am a private watchman of St. Sepulchre's. On the 3rd of October I was in the neighbourhood of Cow-cross, about a quarter or twenty minutes past twelve o'clock, and saw the prisoner Bullimore drag the prosecutor out of the Castle public-house, Cow-cross, which is nearly facing Sharpe's-alley, and knock him down; the prosecutor was in liquor - after knocking him down, he wanted to take him up a dark passage, called Faulkener's-alley, which joins the public-house; when he knocked him down, he called out, "Come on, Jack, he is down as dead as a herring;" a black man(the witness Springet) came out of the public-house, and helped to pick him up; he laid hold of one arm, and Bullimore the other - Bullimore endeavoured to drag him up the alley, but Springet said he had better let him be on the step, and he would recover himself; they had not been there above two or three minutes before Bullimore said,"I know where the man lives, he lives on Saffron-hill" - somebody said Yes, but I cannot exactly say who it was; Springet and Bullimore took him over towards Sharpe's-alley, and I did not see any more of him then; but about ten minutes after Springet came up to me, and a Policeman, and told me there was a drunken man being robbed and murdered; I and the Policeman turned to go down Sharpe's-alley, where Springet said the man was, and met Palmer, the master of the workhouse, coming up with a Policeman - they asked if I had seen any body go by, if I had seen Whittey go by; I said I had seen Whittey and a woman go by, and thought they would find them at the Bull's Head; I went there with them, and found Whittey and the female prisoner - they had got a measure of gin; Whittey was outside, and the woman in; they told them they wanted them to go down to Sharpe's-alley to see a man that was laying there - they took them down there, and when they got down there they were told they had knocked the man down there; Whittey and the woman said they were passing by at the time, and had assisted the man up; the woman made use of very bad language, and said she was coming by, and saw the man laying there, but they did not knock him down at all; the master of the workhouse gave charge of them - I saw Crowson, a bricklayer, standing at the corner of Sharpe's-alley, when they were in custody; Whittey told Crowson he had been at Croydon fair, and had got some money belonging to his(Whittey's) brother; he said he had got 1l., and gave Crowson 18s. out of it to give to his brother - I saw the money; there were four or five half-crowns, but I cannot exactly say what, as it was in the dark - Crowson went up to the station-house, and delivered it to the inspector; I saw nothing of Bullimore after he led him into Sharpe's-alley': I went away from there up to Cow-cross, and Springet fetched me; I did not interfere when Bullimore knocked him down, as they talked about being his friends, and seeing him home.
Cross-examined by MR. PHILLIPS. Q. Do you mean to say you thought they were friends? A. Yes - I saw him knock him down; I cannot say whether the prosecutor was too drunk to help himself - Bullimore hit him in the breast with his fist; he caught hold of his collar, and dragged him out of the house - they were all in the public-house together.
Q. Do you mean to say you thought this was done in friendship? A. I do not know about friendship - I have been a watchman nearly two years; he was knocked down right facing the public-house door; I did not interfere, because there are such desperate characters there - it is not safe to go without assistance; if there had been a robbery I should have gone over - I did not see the landlord; his name is Knight: Bullimore was inside the public-house when he knocked him down - I did not see him till the man laid on the ground; I did not hear the landlord say any thing to Bullimore - I did not hear him call out "Joe, help the man up - don't let him lay there;" nothing of the kind was said; I stood on the other side of the street - it is about twenty yards wide; there are Policemen about - I had a rattle, but I had no business to interfere unless I see a robbery; I went over about the time they were picking him up, and saw them put him on a step; I did not go up till after Whittey and his wife came up - Bullimore hit him hard enough to knock him down; I did not speak to the prosecutor at all - he was not sensible to be spoken to, he was so much hurt; I afterwards carried him up, and helped to put him to bed.
Cross-examined by MR. DONNE. Q. You say you saw
FRANCIS NORRIS . I am a pauper in St. Sepulchre's workhouse. On the 4th of October, after twelve o'clock at night, I was in the house, and heard a noise in Sharpe's alley, of persons coming up the alley, and calling out - it awoke me out of sleep; my window looks into Sharpe's-alley - the noise ceased in a few moments; I suspected all was not right, and heard something fall heavey on the stones - I looked out of window, and saw the prosecutor laying flat on his back, with his arms extended wide, and his hat at a distance from him; I saw Sarah Whittey standing looking over his head, in a bending posture; I did not know whether she was helping him up, or doing any thing to him, I could not tell - I saw John Whittey go up to her, and say, "D-n your eyes, come away, and let him lay (or) let him alone;" I do not know which - she stepped away about two yards, and then returned in the same posture, as she was before; Whittey stepped up to her, and hit her twice with his hand, which put the bonnet over her face - he said, "D-n you, come away, and let the b-gg-r lay:" that is all I saw - they left him, and went towards West-street, as I supposed; they could go to the Bull's Head the way they went - Palmer called me down stairs, and the prosecutor was brought to the workhouse that night; he was laid on a bed in a lifeless state, quite insensible - I thought he was dead.
Cross-examined by MR. DONNE. Q. Were you previously acquainted with either of the Whitteys? A. I knew the man, but not the woman - the window might be twenty or thirty yards from them; I could see as plain as at noon-day - it was under a large gas-lamp.
SAMUEL CROWSON . I live in Sharpe's-alley. I have known Whittey by seeing him about the court for a good while. - On the night in question I was standing in Cow-cross with two men, and Whittey, who was in custody, asked the Policemen's leave to give me 1l. in money, to give to his brother - they held the light while he put the money into my hand; he only gave me 18s. - I had it about half an hour, and was then sent for to bring it to the station, which I did; I gave them the same money as he gave me - there were five half-crowns, and 5s. 6d.; I know his brother Richard very well - he is a horse-dealer.
Cross-examined by MR. DONNE. Q. Did he tell you he had been to Croydon-fair? A. Yes - he said it was his brother's money, and he had been to Croydon fair; he did not say he received the money there.
ISAAC TRACEY . I live in Sharpe's-alley. On the 3rd of October I went home about ten minutes before twelve o'clock at night, and met Whittey and the female prisoner at the top of Sharpe's-alley; they were coming towards Cow-cross, I went home - I saw the prosecutor laying there on his back, as if he was dead; Palmer, the master of the workhouse, was standing by him then - I have said this was about thirty yards from where I saw the prisoners, but I think it was rather more than that.
Cross-examined by MR. DONNE. Q. What were the prisoners doing? A. Merely walking along; they did not appear confused.
JAMES LEE . I am a constable of St. Sepulchre's. On Wednesday night, the 3rd of October, about fifteen or twenty minutes past eleven o'clock, I saw the prosecutor four doors from the Castle, in Cow-cross-street, standing with his back against a shop shutters, passing money from one hand to the other, apparently looking for something among the silver - I suppose he had about 1l. worth of silver; I did not see whether he had any purse - he was in a dark part of the street; I could discern nothing in his hand but silver - he appeared to be rather in liquor, and was talking to himself; he left there, and went into the Castle public-house - he appeared to keep the money still in his hand; I did not see him again till after I had apprehended the female prisoner, which was about half an hour after - I then found him laying with his arms extended opposite the poor-house in Sharpe's-alley - about a quarter of an hour after I had seen him go into the Castle, Whittey and his woman passed me near Red Lion-alley, Cow-cross-street, going towards the City, in a direction from the Castle to the Bull's Head, where I apprehended the female prisoner.
Cross-examined by MR. DONNE. Q. Did you see the prosecutor after he was inside the Castle? A. No; I heard some money thrown on the counter, and heard Knight, the landlord, make some observation to him about putting it into his pocket.
SAMUEL SPRINGET . I sell canes about, and sometimes travel with beasts from Scotland; I live in Rosemary-lane. On the night of the 3rd of October I went to the Castle, Cow-cross-street, about eight o'clock, and saw Joyce, the prosecutor, there when I went in; he was drinking there when I went in; I judge it to be about eight - he was very much in liquor; I saw him flashing a sovereign and some half-crowns about in his hand - the landlord told him to put them into his pocket, and advised him to go home - he went out at the door, made a stagger and fell - the landlord desired somebody to pick him up; this was outside the door - the landlord asked me to see him home to his lodgings; I was going to conduct him to Saffron-hill -I took him down Sharpe's-alley, just close to the work-house, and then the prisoner Bullimore came up, and hit me a blow on the head with the but end of a whip, and asked me to fight; I did not say a word to him -I picked up my hat, which was knocked off, and made my escape; he called me a black b-gg-r, and I ran away - as I ran away I saw the Policeman, and told him they were robbing the poor man.
Q. Before that did you see Whittey or the woman? A. They followed me down the alley when I went to see the man home: they were all three together - after attacking me they got round Joyce, but what money they took from him I cannot say; I did not see Joyce knocked down - I was glad to make my escape, as they asked me to fight; I thought my life was in danger; I saw the female prisoner looking on while the other two were round Joyce, and in a
Cross-examined by MR. PHILLIPS. Q. Did you see Bullimore till you got to Sharpe's-alley? A. Never, till I got into Sharpe's-alley - Joyce went out of the Castle; I did not see him knocked down by any body at the door.
Q. How long did it take you to go from the Castle to Sharpe's-alley? A. I dare say it took about half an hour; when Joyce fell down at the door, the landlord said, "Joe, help him up, it don't do for the man to lay there;" my name is Samuel - I did not see Bullimore till he came and knocked me down, and my life was in danger; the landlord asked me to see Joyce home - Bullimore came and helped him up with one arm at the door of the Castle, but he left him; I did not see him in the public-house - he was outside the door in the street; the landlord was inside, just at the door.
COURT. Q. Did not you say you never saw Bullimore till you saw him in Sharpe's-alley? A. I say I never saw him in the public-house.
MR. PHILLIPS. Q. Did not Bullimore help him up outside the door of the public-house, and give him all the assistance he could? A. He assisted him up, then left him to me till he came up in Sharpe's-alley and hit me; I did not notice a private watchman outside - I did not see Bullimore knock Joyce down at the door; he staggered, and the landlord said, "Pick him up;" I did not see Bullimore in the public-house, nor see him come out of it - I dare say he was in the street; he hit me on the head in Sharpe's-alley, when Whittey and the woman were about Joyce, and he asked if I would fight - my life was in danger.
COURT. Q. You were there at eight o'clock - did you sit drinking there all the evening? A. I staid there till the house was being shut up - I was very sober; I only had half a pint of beer - I was about half an hour taking him to Sharpe's-alley; I have got a bad leg, and do not walk fast.
JOHN HODGES . I am a Policeman, and live in St. John-square. On Wednesday night, the 3rd of October, a little after twelve o'clock, I received information from Springet - I was at the top of Cow-cross-street; and in consequence of that I went towards Sharpe's-alley - part of the alley is dark; as I went I met John and Sarah Whittey (I do not think they are married, but only live together); they were coming in a direction from Sharpe's-alley - I then met Smith and the master of the workhouse - I went with them to the Bull's Head, and found John Whittey there, and the woman was inside; I took John Whittey , and told him he must go to the station, as there was a complaint against him for something which happened in the alley; he said he knew nothing about it, he had been to Croydon fair, and knew nothing more of it than endeavouring to assist the man home; Lee took the woman, and in the way to the station, I saw John Whittey give Crowson 18s.; he said it was his brother's money, he had been to Croydon fair, and had 1l. to make up- I did not at first know he was charged with stealing money; I understood he had ill-used the man - I have the money: here are five half-crowns, five shillings, and a sixpence - I searched John Whittey, and found 3s. 61/4d. on him; Sharpe's-alley is not more than thirty or forty yards from the Castle; I took the prisoners down to the prosecutor, who was laying in the alley, with his arms extended.
Cross-examined by MR. DONNE. Q. Did you find any sovereign? A. No.
JOHN SMITH (Police-constable G 33). I apprehended Bullimore on the 4th of October, at a quarter to six o'clock, at his master's yard, Mr. White, a horse-slaughterer, in Sharpe's-alley; when I entered the yard he was standing in the middle of the yard - he turned and came towards me, and before I could speak to him, he said, "What is the row that happened last night?" I told him he was wanted at the station, that Whittey and the female prisoner were there - when we got to the station, Draper recognized him as having knocked the prosecutor down; he said, "What do you say, that I robbed him?" I said, "Hold your tongue - he does not charge you with robbing the man."
The prisoners made no Defence.
THOMAS KNIGHT . I am landlord of the Castle, Cowcross-street. On the night this took place, Joyce came into my house, about eleven o'clock; he had not been there before - I never saw him before in my life: I am sure he was not there at eight; he appeared intoxicated when he came in - he went out when I told him it was time to close the house; Springet was there - Bullimore was there that night: when Joyce went out at my door, he fell down outside; no one touched him - Springet was close to the door; I called out to Bullimore, "Joe, help him up - it won't do for the man to lay there;" he did so, and Springet took hold of one arm - Springet and Bullimore were both at my bar together; he could not avoid seeing him there - my house is about fifty yards from Sharpe's-alley; I did not observe that Springet was lame, nor any thing to make him half an hour going to Sharpe's-alley.
MR. DONNE. Q. Were either of the Whittey's in your house? A. No; the prosecutor laid out 1s. 1d. at my house - he tendered me a shilling for half a pint of beer.
COURT. Q. Did you see him throwing his money about? A. I saw him with a sovereign and 12s. or 14s.; I could not tell rightly how much he had - I shut up at half-past eleven o'clock, and was closing my doors when I saw Joyce fall; Bullimore was close to him - Springet was outside also; I was inside, but just within my door, shutting it - I have known Bullimore about twelve months.
- PALMER. I am master of the workhouse. -The prosecutor was bruised - his mouth was cut in three or four places; it appeared to have been torn with the nails; he was ill seven or eight days.
J. WHITTEY - GUILTY - DEATH . Aged 28.
S. WHITTEY - GUILTY - DEATH . Aged 25.
BULLIMORE - NOT GUILTY .
Third Middlesex Jury,
Before Lord Chief Justice Tyndale.
[Oct. 19th.] GUILTY - DEATH . Aged 24.
OLD COURT. THURSDAY, OCTOBER 18.
First Middlesex Jury.
Before Lord Chief Justice Tyndale.
2218. JOHN PHILLIPS was indicted for feloniously breaking and entering the dwelling-house of William Allnutt , on the 28th of September , and stealing therein 3 pairs of boot-hooks, value 9s., the goods of the said William Allnutt and another .
JAMES KINNERSLY (Police-constable C 30). On Friday, the 28th of September, about eight o'clock in the evening, in consequence of information from a lad, I went towards the shop of Mr. Allnutt, in Piccadilly , and saw the prisoner and two others close to the shop window - I was on the opposite side of the way, with another constable; I saw the prisoner and another look in at the shop door, which was open - the window was very dark; there was no gas-light near the shop - I then saw them cross to the other side, and a third person followed them; they came between the coaches on the rank to the side where I was - I then took notice of the prisoner and his companion, being close to them; they all three joined and walked towards Regent-street - I left my brother officer to keep them in sight while I crossed to Allnutt's shop; I looked at the window, but did not observe any thing, as it was very dark - I went after my brother officer, and he had lost sight of the prisoner; we returned to the shop, examined the window further, and found a square of glass broken close to where I had seen the prisoner standing; I went in, and saw Mr. Allnutt, Jun. - they missed nothing, as there were so many articles in the window; I went to the station in Vine-street, Piccadilly, mentioned the circumstance, and described the prisoner - next morning Stone and I went to the shop; Mr. Allnutt, Jun. said some boot-hooks were gone - Stone produced some to him; I then went to the watch-house with Stone, and recognized the prisoner as one of the three I had seen the previous evening; I am quite certain of him; it was very light where he crossed over - he denied being the person; Stone kept the boot-hooks.
Cross-examined by MR. CLARKSON. Q. The only opportunity you had of observing them was when they crossed over? A. Yes; they came very close to me - it was not a very dark night, but it was dark about the shop - he crossed right opposite a large doctor's shop, which has a gas-light; I had my Police dress on - I stood by Lord Wellington's wall: I immediately went to see if the window was cut, in consequence of the information I received from the boy, but could see nothing the matter with it - I returned in about five minutes, but had not taken so much notice the first time; I had run as far as George-court, which took me about five minutes - after examining the window the first time, I went into the shop, and saw Mr. Allnutt, Jun.; it is a large double fronted shop - I do not know whether any body else was in the shop - I called Mr. Allnutt's attention to the window, and ran off directly, without waiting to see him examine it - I did not examine so minutely, being in a hurry to cross after the prisoner; I think I should know the one who crossed with the prisoner.
HENRY HARRIS . I am a serjeant of the Police. On the 28th of September, about half-past ten o'clock at night. I saw the prisoner and another man in company with two females, in Whitcomb-street, St. James' - they were standing under a gas-lamp, all looking at a pair of ivory boot-hooks; when they saw me they all walked away together - I followed them to the bottom of Whitcomb-street; the prisoner and one of the females crossed towards Charing-cross; I lost sight of the others; I met Stone, a Policeman, and we followed them into Parliament-street, there stopped the prisoner, and asked if he had any boot-hooks - he said Yes; he pulled a pair out of his coat pocket - it was not the pair I had seen in his hand; I told Stone to search him - he found two more pair in his coat pocket; I asked how he came by them - he said he was the manufacturer of them; and afterwards said he was a dealer in the article, and afterwards, that he was an ivory-turner; we took him to Gardener's-lane station, and searched, but found nothing more on him: we then took him to the station in Vine-street, and in the morning, found Mr. Allnutt's window had been cut.
Cross-examined. Q. You have told us all that passed? A. Yes; Stone was present - he said at last, when I got him to the station, that he bought them at the Black Horse public-house, of a person who was a manufacturer and dealer - I do not recollect his desiring me at first to take him to the Black Horse to find the man - I will not swear he did not; we passed the Black Horse with him; I walked a dozen yards behind with the female; I did not refuse to let him go in - I took him to the nearest station - the inspector did not refuse to take the charge, but as Stone said a window was cut in Piccadilly, he said he thought we had better take him to a nearer station.
Q. On your oath, did he not produce all the boot-hooks to you? A. I cannot say, for Stone searched him; he produced one pair, which I saw - I turned aside to the female while Stone was searching; he did not produce the whole pair at once - it was a black pair.
GEORGE STONE . I am a Policeman. About a quarter to eleven o'clock on this night I was in Parliament-street, and saw the prisoner; the serjeant had given me information - I asked the prisoner if he had any boot-hooks about him; he said he had - I asked him to let me look at them; he pulled one pair out of his coat pocket; I then felt his pockets, and said, "Have not you got some more here?" he said Yes, I have, and pulled out another pair, with a white handle - I asked if he had any more; he made no answer; I felt his coat pocket again, and another pair rattled - I said, "Let me look at all you have about you, for I shall be sure to find them," and then he pulled out another pair - I asked where he got them; he said he was the manufacturer, and hawked them round at different places; then he said he was an ivory-turner, and made them himself; we took him to the station, in Gardener's-lane, and afterwards to Vine-street - when he got there he said he had bought them of a man at the Black Horse, in the Haymarket; I asked if he should know the man if he saw him again; he said No, he should not, he was an entire stranger to him, and he never saw him before in his life; I asked if he bought them in the tap-room or the bar; he said No, just outside the door.
Cross-examined. Q. Have you heard Harris examined? A. Yes; he is not my serjeant - I stated this
THOMAS SMART . I am foreman to Mr. Allnutt, of Piccadilly. On the night in question I left the shop at seven o'clock; all the windows were safe then, and none broken - when I came to the shop at eight in the morning I found a corner pane of glass broken, and these three pairs of boothooks, which had hung in a corner close to the square when I left, were gone - those produced are the same; I know them all by a private mark on them.
Cross-examined. Q. Before you missed them had you been told they were lost? A. No; I had hung them there myself; the glass was broken right across the centre, and a hole made sufficient to put a hand in, and get them - we have a lamp in the shop, near the window, every night; the hole could easily be seen outside - it depends on how a person looks; the dwelling-house is Mr. Allnutt's; the property belongs to William Allnutt and his son, who is his partner - the house belongs to the father; I do not know whether the rent is paid by the firm - the father sometimes lives at Hammersmith, and sometimes in town; the son's name is Henry; the father and his family sleep at Hammersmith - the son is married; his wife and family live in the house.
Prisoner's Defence. I was taking home a pair of trousers to Oxford-street. being a tailor; I came from there, and went into the Black Lion; I saw a young man with the boot-hooks, and bought them of him for 5s.: I changed half a sovereign, and 5s. 6d. was found on me.
GUILTY of stealing only . Aged 20.
Transported for Seven Years .
Third Middlesex Jury.
Before Lord Chief Justice Tyndale.
2219. JOHN PINNIGER, alias WILLIAM GOLDING , was indicted for stealing, on the 18th of July , 1 gelding, price 15l.: 1 chaise, value 13l., and 1 set of harness, value 2l. , the property of John Powell Bannister .
JOHN POWELL BANNISTER . I am a stable-keeper and job-master , and live in Harley-mews, Wigmore-street . - the prisoner had hired a chaise of me on a job previous to this transaction. On Wednesday, the 18th of July, he came and asked me for the same horse and chaise as he had had before, on hire for a friend of his at Kensington, who was going to be married, and was going to Oxford, and would want it for six days; he did not give his friend's name - he said I should have 1l. a day for it; I said I did not want more than 15s. - he took the same chaise and harness as he had before, but another horse, and agreed to meet me in the evening at a house in Jermyn-street, to settle for a former hiring; he had owed me 12l., but paid 4l. the day before - I went to Jermyn-street, and waited from five o'clock till nine for him; he then came - he said his friend had got very tipsy, and he was obliged to put him to bed, and in consequence of that he had put the horse and chaise up at the Horns, at Kennington, and his friend would not leave till next morning; nothing more passed then - I saw him again two or three days after; he merely said he had not heard from his friend - I saw him again about the sixth day. when the horse and gig were to have come home; I think I met him in Wimpole-street - I asked if the gig was coming home; he said most likely it would be home in a day or two, and in a day or two afterwards I had a letter from him, which I have mislaid or lost from my bureau, which my wife has access to; the next time I saw him was on the 31st of July - I then pressed him to settle the old account of 8l.; he said he had no money, but that he had an acceptance as good as the Bank of England, that I might take the money out of that, and return him the difference - I at first objected, but he said he did not care about the difference, if I took it I might do as I pleased with it, and settle about his friend's hire with it; I negociated the bill, and it was returned dishonoured - here it is; it is drawn by William Golding , on William Taylor , of Calne, Wilts, for 24l. 8s., purported to be accepted - William Golding is the only name I know him by; it became due on the 23rd of August - I saw my horse and chaise on the 14th or 15th of August, when I went to Kennington to look for it; I went to the Horns, where he said he had put it up - I got no account of it there; I inquired at several places, and at last saw it standing at a public-house door in Kennington - there was nobody with it, so I got into it, and took the reins; a lad came out, and said it was his father's - I went with him to his father. Thomas Evans, in Belvidere-place, Southwark, then took it home, and have had it ever since.
Cross-examined by MR. HEATON. Q. He had hired a horse and gig before? A. Yes, three times - the firs was on the 21st of June; he kept it longer than he had hired it for each time - he hired it first for two days and kept it six; then for four or five days and kept it sixteen: the third was for one day, and he only had it one day - on the 18th of July he hired it for a friend for six days, and he was to pay me; I did not know his friend - I had 7l. 15s. from the prisoner previous to the last hiring, and on the 18th of July he gave me 4l. more; that was after he had hired it the last time - it was towards his former account; I did not complain of his keeping it so long, as I expected to be paid for the hire - the bill of exchange was not paid to me at my own request; I refused to take it several times; I said I had a bill to take up, but my object was to get money from him - I got the bill discounted; on the 31st of July, when I received the bill, he told me his friend was down at Coventry on business, and I need not be uneasy, as it was perfectly safe - I saw him twice after that, as he used to call on a neighbour of mine on business - he did not call on me within ten days of my finding the gig; I called several times at his house, but could not find him - I cannot say when I last saw him I had known him about six weeks before this; I was often in the neighbourhood, and we smoked on pipes at the same tavern; Evans told me he had
THOMAS EVANS . I live at No. 38, Belvidere-place, Southwark, and am a furniture-dealer. On the 18th of July, about two or three o'clock, the prisoner came, and said he had bought a horse he thought would suit me, being about to go a journey; I thought it would suit me - he said he could recommend it as a good working horse, which would suit me for general purposes, and I should have the horse, chaise, and harness for 35l.,; I said I thought that was not out of the way, and we retired to the Duke of York public-house, with Mr. Solomons and Miller; Solomons is a friend of mine, and Miller was at my house; I said, "Will you go and have a glass of ale?" we all four went, and there completed the bargain - I paid him 35l., and took a receipt, which is here; it is signed " John Pinniger " - I have known him five or six years by that name; he said the horse and chaise were his own; I sent my son out with them on the 15th of August - he came back with the prosecutor and another person; I live at least three miles from Harley-mews.
Cross-examined. Q. Have you been intimate with him? A. I knew him as a tradesman, but have not seen him latterly - I saw him the day before I bought the horse and gig, and said I was going into the country; he knew I had been in want of a horse for some time, that would do various works - I did not particularly want it for that journey; I had a horse and gig from him once before, but not more - I think it was the 6th or 7th of July; I kept it nine or ten days - I did not buy it: he offered that one for sale, and recommended it as strongly as this; I had it on trial, and not approving of it, returned it - I lent him 20l. on it, and took his receipt, which he has destroyed; it was not for 35l., but I took very little notice of it, as the bargain was not concluded - the money was returned to me, and the keep of the horse paid; he promised me two tons of coals for the interest; he was then selling them at 25s. a ton- Solomons' son introduced me to him about the first horse and gig, but he knew me well; Solomons wrote the receipts on both occasions, and some trifling money passed between them, which I understood was commission for some coals - I gave the money to the prisoner on both occasions; I paid him 35l. for the horse and gig - it was no loan; he paid me about 1l. 15s. for the keep of the first horse, but not as interest - Bannister came to my house soon after he got his horse and chaise, to know what was to be done, and we went to the Duke of York; Miller came in; I said to Bannister, "I don't rightly understand this business, it seems strange the man should sell a horse and gig which don't belong to him - have you ever received any money of him?" he said Yes, and I think said between 11l. and 12l., in cash, and a bill for 24l.; I said,"Well then, he has bought the horse and gig of you" - he said, "Oh, no, I don't know about that - the bill is not paid;" I am quite sure he said that - I did not tell Mr. Richards that all I wanted was 27l. 10s., nor that it was all that was due to me; I did not mention any sum - I said, "Where is Golding? had he not better come forward and arrange about the horse and chaise? Bannister don't want to injure him, nor do I;" I did not say I had not bought it, nor any thing which he could infer that from.
COURT. Q. Was it the same gig that you had both times? A. Yes - I objected to the first horse, and afterwards the same gig was brought with a different horse; he came to me about eleven o'clock in the morning on the 18th of July, and said he thought he had a horse that would suit me, and brought it between two and three; I went into the country on the 22nd or 23rd of July.
J. P. BANNISTER . The prisoner hired the horse and gig just at two o'clock - he had spoken to me about it the day before, and ordered it to be ready; he merely said he wanted it for a friend, and ordered it to be ready by two o'clock.
JAMES MILLER . I was present at this transaction; they went to the Duke of York - I saw Evans put some notes on the table to the prisoner, who handed him a receipt for 35l.; I had previously seen the first horse which Evans had - the prisoner said this would do much better, that he had bought it, and paid for it, part with a bill and part with cash.
Cross-examined. Q. Who went to the public-house? A. Solomons, Evans, the prisoner, and I - I only knew Evans in the way of business; I am an appraiser, and do business with brokers - he frequently buys at my saleroom; I only know Solomons by sight - I have heard he is a lawyer - he is a respectable man: Solomons asked the prisoner for 10s. commission on some coals; the prisoner gave him a 10l. note, and Solomons went to the bar for change, which he could not get - he then went out, and brought in 9l. 10s.; I live in Johnson-court, Blackfriars-road.
Prisoner's Defence. I beg to say Evans had the horse and chaise three times, though he swears he never had it, but twice - Solomons, who managed the whole transaction and wrote the receipts, would be able to contradict every word Evans has stated, as to the sale and money, as Evans on one occasion received 7l. interest; Bannister told me he was so pushed for money, he had a bill to pay, and if I would let him have it, I might keep the horse and chaise, or if I returned them I should have the bill back again, or the money; I have lent him money on one or two occasions to take up bills; we had a running account between us, being out together smoking our pipes; Evans first let me have 20l., for which I gave him 2l. 10s. interest and paid for the keep of the horse; the next time I had 20l., and gave him 22l. 10s., and 3l. or 4l. for keep, and on the third transaction he gave me 20l., which Solomons could prove.
J. P. BANNISTER . Q. On the 31st of July, when he gave you the bill, was there any conversation which imported that there was to be a sale? A. Not the least; I never asked him a price for it from first to last - this prosecution would have taken place if the bill had been paid, for I took the warrant out before it became due.
GUILTY . Aged 40. - Transported for Life .
First London Jury, before Mr. Common Sergeant.
2220. MARY MAYNARD was indicted for stealing, on the 25th of September , 1 lb. of candles, value 6d.; 5 ozs. of stone-blue, value 10d., and 1 lb. of black-lead, value 2s., the goods of John Moore , her master . - To which she pleaded
GUILTY . Aged 42. - Confined Six Months .
EDWARD MORTIMER . I live in Shorter's-court, Throgmorton-street. On the 14th of September I was in London-wall , and felt something at my pocket - I turned round, and saw the prisoner with my silk handkerchief in his hand; he immediately dropped it - I followed him for a quarter of a mile, then secured, and gave him in charge - he had another boy with him; I felt the handkerchief go from me, and saw him throw it down; I took it up, but have left it at home - I am sure it is mine.
GUILTY . Aged 15. - Transported for Seven Years .
HENRY WILLIAMS . I am shopman to Mr. William Hasledine Pepys , a cutler and surgical-instrument maker , in the Poultry . On the 4th of October the prisoner came into the shop, and requested some George the Fourth shillings for some others, which he had in his pocket; I declined changing them, and followed him out, saw him go into the next house, and then to the next; I immediately called down Mr. Pepy's son, who recognized him as having been at the shop on a former occasion, when we lost a sovereign, and I gave him in charge.
WILLIAM HASLEDINE PEPYS , JUN. I am the prosecutor's son; the prisoner came to the shop the latter end of March - I made a memorandum of it at the time, but have not got it - I am sure it was after the 20th of March, and before the 5th of April; he asked me to change him some shillings of George the Fourth, for another coinage of the same reign; I took out a bag, in which was 3l. in silver and a sovereign; he turned over the shillings and changed some, and the moment he was gone, I counted the money, and missed a sovereign, which I am sure was there when he came in; I did not see him again till the 4th of October - I am certain he is the person; the sovereign was my father's.
Prisoner's Defence. I never was in his house in March, and never stole any money from him; he produced his book at the examination, and said it was the 15th of March, and it was found to have been put down the day before.
Prisoner. Q. Did not Mr. Hobler take and write himself in your book? A. No - he said nothing about the book; I did not refuse to give it to him, nor did he force it out of my hand.
The conviction being after the offence in question was committed, evidence was not called to support it.
GUILTY . Aged 30. - Transported for Seven Years .
2223. GEORGE SELL was indicted for stealing, on the 21st of September , 1 box, value 1s.; 1 bonnet, value 5s.; 1 hat, value 5s.; 1 comb, value 10s.; 6 gowns, value 2l. 10s.; 2 shawls, value 1l.; 2 caps, value 5s.; 1 collar, value 5s.; 1 necklace, value 10s.; 1 neckerchief, value 5s.; 2 yards of lace, value 5s.; 8 yards of ribbon, value 4s., and 3 paintings, value 3s. , the goods of John Dennis .
SECOND COUNT, stating the goods to belong to various persons.
WILLIAM BILLINGTON TRAVELL . I am book-keeper at the Vine Inn, Bishopsgate. On the 21st of September, at a quarter past eight o'clock in the evening, I stood at our gateway, and saw an open barouche pass with some ladies in it - there was a box strapped behind it; I saw the prisoner run after the carriage to the corner of Liverpool-street ; he there took possession of the box - I collared him, and asked where he was going to take it - he said to Cripplegate; I said "You will not take it any further, I saw you take it from a carriage," and he was secured.
ELIZABETH HALL DENNIS . I am the daughter of John Dennis - we were travelling in Henry Hawker 's barouche; the box, which was fastened to it, is mine; I had six gowns, a shawl, and a comb in it - I saw the box next day in the officer's possession; all the property still continued in it - there was a variety of apparel belonging to me and my sisters - we had come from Dorking; I am twenty-one years old.(Property produced and sworn to.)
Prisoner's Defence. I had been drinking with a young man in Whitechapel, and in Liverpool-street he desired me to stand there; he brought the box and gave it into my hands; I was taking it to his residence, which he informed me was at Cripplegate.
GUILTY . Aged 20. - Transported for Seven Years .
REBECCA PAPWORTH . I am single, and live in Foxcourt, Ray-street, Clerkenwell. On the 20th of September, between ten and eleven o'clock at night, I was in Fleet-street , and saw the prisoner take a blue handkerchief out of Mr. King's pocket - I took hold of him, and he dropped it by his side; Mr. King's friend took it up, and the watchman took the prisoner.
WILLIAM WANDBY KING . I live in Great Portland-street, and am a druggist . I was in Fleet-street with a friend, and missed my handkerchief; I saw it in my friend's hands - he gave it to me at the watch-house.
WILLIAM SMITH . I am a watchman. I took charge of the prisoner at the watch-house, from Mr. King's friend.(Property produced and sworn to.)
Prisoner's Defence. I was going up Fleet-street - a lad rather taller than me was passing me; I saw something pass by me - the young woman came and took hold of my arm; the handkerchief was picked up a dozen yards from me.
GUILTY . Aged 17. - Confined Six Months .
JOHN FORRESTER . I am a constable of Portsoken-ward. On the 22nd of September, between eight and nine o'clock in the evening, I saw the prisoner in the Minories; I had no acquaintance with him - he asked if I bought glass; I said I would if it suited me, and asked to look at it - he said it would not do to look at it in the street; I said I would go into a house then - he said he would go into no house in the Minories; I said, "Well, I will take you to another house," and when I got to the door he began to suspect me, I believe, and said, "I will not go in here:" I said, "I will see it now;" he wanted to get away - I took him by the cuff, took him in, and said, "Now, put the glass down, and tell me where you got it;" he said, "That is nothing to you;" I asked where he lived - he said that was no business of mine; I took him into custody, and as we went along a young man told me his name, and where he lived; I went to Mr. Dorgan, who claimed the property.
Prisoner's Defence. I left work about eight o'clock, and the other man about nine - he asked me to go and sell some dishes for him; I said I would, and, being in liquor, I met the officer, and did not know him at the time.
The prisoner received a good character.
GUILTY. Aged 22.
Recommended to Mercy . - Confined Six Months .
JOHN WIGGETT CHAPMAN . I live in Nevill's-court, Fetter-lane - the prisoner lodged in the same room with me - I understand he is a law-writer . Last Monday I lost two duplicates, and on Tuesday a purse, and tobacco-box; I was not intimate with the prisoner; he never used my tobacco-box.
WILLIAM VEREBAY . I keep the house; Chapman complained of losing his things, and on Friday night I marked a shilling and sixpence belonging to him, and gave it to him - he put it into his waistcoat pocket; I marked it with a punch. which I mark my work with - I bored a hole through the waistcoat to watch, and saw the prisoner take the money out of the prosecutor's waistcoat pocket, which laid on the bed; and next morning I saw the officer take a tobacco-box from the prisoner's pocket.
Prisoner. Q. What size was the hole? A. Large enough to see all over the room.
THOMAS PROTHERO (City-officer No. 61). I was applied to last Saturday morning, and searched the prisoner; I took a shilling marked with a V out of his pocket, and in his coat-pocket found a tobacco-box - he said, "I hope you will forgive me;" I said I had nothing to do with it.
JOHN WIGGETT CHAPMAN. This is my tobacco-box.
Prisoner's Defence. The witness says he saw me take the shilling through the hole, which I solemnly declare, before God, I did not: and I know the nature of an oath too well to perjure myself - I picked the shilling up, and took the tobacco-box off the shelf, believing it belonged to Jones, with whom I lodged.
GUILTY . Aged 29. - Transported for Seven Years .
WILLIAM PAGE . I am an oilman, and live in Bunhill-row. On the 27th of October I saw the prisoner near Mr. Earp's door; he rose from the steps, and walked away -I saw he had something, I walked by his side about three houses, and then asked what he had got; he said, "Nothing, but what is my own:" I said, "What is it?" he said,"A cloak;" I collared him - he said, "I picked it up, don't collar me, I'll give it you;" I took him to Mr. Earp's, who claimed it.
The prisoner begged for mercy, and received a good character.
GUILTY. Aged 19.
Recommended to Mercy - Confined Fourteen Days .
FRANCIS FELTHAM (City Policeman No. 90). On the afternoon of the 28th of September I saw the prisoners in company in Fleet-street ; Fogo drew a handkerchief from the prosecutor's pocket, and gave it to Pedrick, who went to put it into his bosom, instead of which he pushed it under his arm - the gentleman turned round: he let it fall and ran away; I secured him, and in about an hour and a half I took Fogo in Drury-lane, and am quite certain of him.
WILLIAM EVANS . I live in Belgrave-street, Pimlico. I felt somebody at my pocket at the corner of Fleet-street, and on turning round, saw Pedrick with my handkerchief in his hand - he ran away, and dropped it; I took it up - I am certain of his person.
Fogo's Defence. I never touched the gentleman's pocket; I was only stopping for the carts to go by.
Pedrick received a good character.
FOGO - GUILTY . Aged 17.
PEDRICK - GUILTY . Aged 18.
Confined Six Months .
JAMES WARHAM ALEXANDER . I keep the Swan's Nest in Coleman-street . In consequence of information I went to the prisoner's lodging, in Little Swan-alley; I knocked at the door, and heard the key fall inside - no answer was given; I sent for a constable - before he came I heard a noise, like glass breaking, and somebody moving about the room - I got in with the constable's assistance, and the prisoner was there, alone; he appeared to be asleep; he was searched, and this table knife taken from his pocket - I returned to his room, and found another knife; they were both mine - he frequented my house, and I occasionally employed him as a porter .
Prisoner. They are two odd knives, and can be bought for 1 1/2d. each; one was at my place, and I had borrowed the other.
J. W. ALEXANDER . I recognize these from their similarity to what I have - I had lost such knives, and am certain of them; they are the same make - I cannot point out any particular mark; I have no hesitation in swearing to them - I have sent the prisoner to change cheques, and to my brother for money, and always found him honest; he told the Magistrate he borrowed one knife from my servant; she still lives with me, but is not here.
NOT GUILTY .
ROBERT SANTY . I am shopman to Messrs. Richard Brook and Son, silversmith s, of the Poultry . On Thursday evening, the 20th of September, about seven o'clock, the prisoner came into the shop, and asked for a silver milkpot; he asked the price, and weight, which I told him - he took it up, and went out of the shop with it - I followed him to the door, and missed him - not knowing which way he was gone, I could not follow him; he was apprehended on the 22nd of September, on a similar charge - he took it quite openly.
Q. Did he run, or walk away? A, He was a very short distance from the door - he went out quick - I cannot say he ran; I had some distance to get round, the flap of the counter being down; I saw him again at Bow-street on the 26th or 27th.
Prisoner. Q. Did you see me run, or walk out of the shop? A. The distance was so short, you could hardly make a run of it; you were hardly three steps from the door - you went out quicker than you came in.
JOHN SMITH ALLEN (Police-constable F 76.) On the 27th of September the prisoner was given into my custody, on another charge, on which he has been acquitted to-day, in the other Court - he said what he had to state should be before the Magistrate; I found this silver milk-pot on his person. (See page 927.)
Prisoner. Q. Did you look after me, or did I give myself into your custody? A. Neither; you were given to me by Mr. Mott's foreman, who had you by the collar; we took you into a shop, while he told me the nature of the charge; I took you into another of Mr. Mott's shops; he has two - Mott's man had you by the collar, and you had the milk-pot in your hand - it was from what you said that I found Mr. Brook's out; I do not consider that you gave yourself into my custody.
Prisoner. Q. Is it in the same state as when you gave it to me? A. Yes; I see no alteration - here is our private mark on it now; nothing has been done to disguise it - the officer brought it to our shop.
Prisoner's Defence. I most respectfully inform the Court I am not in a situation to proceed further in this trial: the officers of justice, by whom I have been confined, have pursued a course which renders it impossible for me to defend myself, and I am solely, from the course pursued by the said officers, completely and entirely at the mercy, and in the power of the prosecutor, who is comparatively a rich man, and his witness, the Policeman, who is entitled to receive more wages than his pay for my conviction; I am thus left at the mercy of persons interested in finding me guilty; under these circumstances, I claim the interposition and authority of the Court to afford me a just and reasonable opportunity of defending myself from the charge: the Policeman, as soon as I gave myself into his custody, (with an intention of going before the Magistrate to explain that I was possessed of the milk-pot, and another which I took from Mott's, and for stealing which I have been acquitted, I intended to explain my conduct there; but) instead of taking me to the Magistrate, he took me to the station, where every article was taken from me, among which were the very proofs and facts I had prepared to defend myself against the charge.
Prisoner. There were several manuscripts and receipts, and various articles of which I have no account; he took even the key of my trunk; and it is the practice of Policemen to go to prisoners' dwellings, and take what they think may convict them; I do not know the injury I may sustain from this man, who I gave myself into the hands of; the fact is, he has committed a robbery instead of me, for he took my property; I have been locked up a month, in consequence of which the newspapers are exposing me all through the world; I am a teacher by profession; I am known in Scotland and all parts; the papers have exposed me as having done an act - whereas my sole reason was to expose the cause of crime, with an intention of bringing the matter directly before this Court, and through
WILLIAM EYLES . I am an upholsterer, and live in High Holborn. I believe the prisoner to be a worthy good man - he was a schoolmaster, but has been unsuccessful -I firmly believe the situation he has placed himself in was merely for the sake of experiment, he is so excited with regard to the laws - on the subject of any thing connected with our laws and politics he is exceedingly warm; and considers that his publication will produce general good; a more honourable man I believe does not exist.
- FEDDON. I am a schoolmaster, and live in Stanhope-street. I have had the pleasure of the prisoner's acquaintance for twenty years; he would scorn the idea of a mean action - he got his living respectably as a teacher; I do not know whether he had a place on the day in question; he had a home - I do not believe him to be in want.
HANNAH CROSS . I am a widow. I have known the prisoner fourteen years; I believe him to be an upright man - he was French teacher to my children; he attended my child that very day - I gave him 1s. a lesson, with his dinner and tea.
EDWARD BAKER . I live in Colebrook-street, and have known the prisoner three years; he was enthusiastic on the question of public good, more especially on criminal law; I have read his pamphlet - a more honourable man I do not know; his pamplets were for sale, and for public circulation.
After the Learned Common Sergeant had recapitulated the evidence to the Jury, the prisoner added:
Prisoner. I ought to have said I held the property from Thursday evening to Saturday, waiting to see if it was advertised; when I walked out of the shop, I stood at a distance to see if the man would follow me, but nobody did, and I was so astonished I thought it was really a dream; I went home, and looked at the paper two days, but it was not advertised - I said, "I will take this with me, and go and commit another act to-day, at twelve o'clock at noon - it is impossible that they will take me into custody, and by this means the man I have taken this from will have his property;" if it had been advertised, I would have gone before the Lord Mayor, and acknowledged myself the man who took it; I have ruined my character, no doubt, by the act, but it is plain I did not intend to deprive him of his property, as I did not dispose of it - I explained this to the Magistrate, and he was perfectly satisfied I did not intend to steal it.
GUILTY. Aged 45.
Recommended to Mercy . - Transported for Seven Years .
NEW COURT. THURSDAY, OCTOBER 18.
Fourth Middlesex Jury, before Mr. Sergeant Arabin.
WILLIAM COLE . I live in Chapel-place, Islington , and keep a broker's shop . On the 3rd of September I had three iron wheels standing against the door; about ten o'clock I received information, and went out - I saw the prisoner about twenty yards off, with this wheel; the Police officer saw me - he went with me, and we took the prisoner with the wheel under his arm; he said he had stolen it, and he was in great distress.
JAMES DAVIS . (Police-constable N 115.) I saw the prisoner with this wheel; I asked him how he came to take it - he said through being out of employ, and he had no money nor victuals - that he was glad he was stopped, as he wished to be sent out of the country.
Prisoner. I did it from distress.
GUILTY . Aged 28. - Confined One Month .
2232. RICHARD ALLEN was indicted for stealing, on the 29th of September , 1 tea-kettle, value 13s.; 1 pair of plyers, value 2s.; 36 yards of brass chain, value 8d.; 12 chisels, value 6s.; 4 pairs of crackers, value 9s.; 3 steel rings, value 2s.; 3 brad-awls, value 3d.; 9 brass balls, value 1s.; 2 pairs of snuffers, value 2s. 6d., and 12 yards of brass chain, value 1s., the goods of Joseph Reynolds , his master .
JOSEPH REYNOLDS . I am an ironmonger , and live at the corner of Frith-street, Soho ; the prisoner had been my porter between one and two years. On the evening of the 28th of September I returned home just after he had closed the shop and was gone; my clerk gave me information - I found four pairs of nut-crackers concealed; I marked, and left them there - the next morning I went to breakfast at eight o'clock - they were then in the same place; I had not an opportunity of looking when I went from breakfast, but I soon afterwards sent the prisoner out with a lamp; I then looked and missed the nut-crackers; I sent my shopman to bring him back, and charged him with taking them; he denied it - I said I must search him; he seemed reluctant - I sent to the Police-station, but before the officer came the prisoner began to be a little alarmed, and said if I would not be hard with him he would give them to me; he then took two pairs of crackers out of his side jacket pocket and laid them on the desk - I said they were not all; there were four pairs - he said that they were all he had taken; the Policeman then came, and found on him ten sovereigns, and 10s. 31/4d., which I cannot account for, as his salary was but 1l. a week, and he had a wife to support; he said if we would let him go below he would get the other two pairs of crackers - we went down with him, and he took these other two pairs of crackers from a place and gave them to me; I went with the officer to his lodgings, where I found the rest of this property, most of which has my private mark on it.
GUILTY . Aged 20. - Transported for Seven Years .
HENRY COPE was indicted for stealing, on the 3rd of October , 1 handkerchief, value 3s., the goods of William Bent , from his person .
WILLIAM BENT . I am a coal-merchant . I was in Cockspur-street on the evening of the 3rd of October - I felt a tug at my pocket; I turned and seized the prisoner: he dropped my handkerchief behind him, from under his coat - there was another person with him, who ran away; this is my handkerchief.
Prisoner. He took hold of another person and then took me, and said I had picked his pocket, which I had not; he said, "I have let several such as you go: I will give you in charge."
GUILTY . Aged 16. - Transported for Seven Years .
GEORGE FORD . I am servant to Mr. Richard Findley ; he keeps a public-house - he has some fowls which run in the yard, and in Mr. Clark's stable; the prisoner is a helper in Clark's stable. On the 10th of October I went down into the yard, and saw the prisoner there, concealing a fowl in a hole under the manger - he said he had knocked it down with the proug; it was my master's.
GEORGE AVIS . I am an officer. I took the prisoner, and asked him how he came to kill the fowl - he said he did it in the heat of passion, as it came among the horses, and he did not mean to steal it.
NOT GUILTY .
2235. EDWARD DOWLING was indicted was stealing, on the 3rd of September , 24 silver spoons, value 5l.; 24 silver forks, value 10l.; 1 pair of trousers, value 2s., and 2 coats, value 10s., the goods of John Hamilton , his master, in his dwelling house .
SIMEON THORN . I am clerk to Mr. John Hamilton, solicitor , Berner-street, Marylebone ; the prisoner was footman there. On the 3rd of September the family were all out of town; I received information that the prisoner had absented himself for a night or two - I called him into the office, and censured him for it, and asked him if it was true that he had got drunk, and got over the wall, as I had heard; he said Yes, it was true: I said I should send word to his master - he made but little answer, and went away; in about half an hour I heard the street door shut, and saw him pass the office window with something under his arm, or under his coat - I thought he might be going on an errand, but he never returned; on the 6th of September the Policeman came to my lodging, in George-street, and took me to the station, where I found the inspector, who said the prisoner had surrendered himself, and had confessed the robbery - I said to the prisoner,"You are not bound to give me any answer to the question I put to you, but if you like, you may tell me where the key of the plate drawer is;" he said he had lost the key, and some money - I then asked if what he had confessed to was the extent of the robbery; he said Yes, it was, and he enumerated the articles as put down in the indictment - I asked him where I could find an account of the plate left in his charge; he said that he had no inventory, but he believed there was a list in his pantry: I asked when he took the plate - he said on the morning I spoke to him, and he had it with him when he passed the house; I said, "What! after I had spoken to you?" he said Yes, he had the parcel under his coat - we then went with the officer to the house, and found the list of the plate; it was all right but that which he confessed he had taken, and which is all lost - it was worth more than 10l., at the lowest.
WILLIAM OSBORN (Police-constable E 38). On the 6th of September I was on duty, between nine and ten o'clock in the evening; the prisoner stood at the end of Berner-street - he came to me, and said, "I have been looking for you all day;" I said, "For what?" he said to take him in charge, as he had robbed his master - I said,"Of what?" he said, "Of two dozens of silver forks, one dozen of spoons, two coats, and a pair of trousers;" I asked when, and he said on the Monday morning - that he went straight away to Rosemary-lane, and there met a girl, who asked what he had got in his bundle, and whether he had not some plate; he told her he had, and she said, "If you will give me one of the large spoons, I will get a man to buy it;" that he gave her one, and a man then came to him; they went into a public-house together; and after that he lost all knowledge, till he found himself the next morning with all the property gone, and his pocket picked of 10s. of his own.
Prisoner. I throw myself on the mercy of the Court.
GUILTY . Aged 30. - Transported for Life .
ANTHONY BERNARD OZUN . I am a professor of languages , and live in Berner-street. On the evening of the 22nd of September I was in Princes-street, Soho ; I had a handkerchief in my pocket - I did not feel it taken, but the Policeman told me of it.
WILLIAM RICE . I am a porter. I happened to meet Hobbs in Princes-street; we came up the street together: I saw the two prisoners behind the prosecutor and a lady - I saw Watts take the handkerchief out of the prosecutor's pocket; I ran over, seized them both, and called to Hobbs to tell the prosecutor, which he did - I did not see Jones have the handkerchief, but he was close to Watts, and they turned to go away as soon as it was done.
Jones. Q. Did you see me speak to Watts? A. No.
Jones. Q. Did I not declare that I did not know this prisoner? A. Yes.
Watts' Defence. I was going to meet my mother coming home from Newgate-market - I know nothing of Jones.
Jones' Defence. They did not see me touch the handkerchief.
WATTS - GUILTY . Aged 19.
JONES - GUILTY . Aged 17.
Transported for Fourteen Years .
THOMAS CLEMENTS was indicted for stealing, on the 17th of September , 2 lbs. of bread, value 6d., and 8 ozs. of butter, value 7d., the goods of the Rev . Francis Ellaby , clerk .
JOHN MOSELY (Police-constable S 174). At half-past two o'clock in the morning of the 17th of September, I saw the prisoner getting over the iron rails of the area at No. 3, Mornington-crescent , with a bundle - I took him, and asked where he got it; he pointed to the safe, and said he took it from there - I found in the bundle a 2 lb. loaf, some butter, these keys in his pocket, seven pears, and an apple; the area gate was locked - I showed the property to Mr. Ellaby, who identified it; one of the keys has been filed down, and will now open almost any lock.
Prisoner. I was in great distress, and had no food to eat - this key was the key of the door of the last house I lodged at. GUILTY. Aged 17.
Recommended to Mercy by the Prosecutor, as the safe door might be open, and the prisoner was in great distress .
Confined One Month .
THOMAS EVERALL . I live in Marylebone . On the 16th of September the prisoner came to visit my lodger - I have frequently seen him there: a few days after the 16th I missed a piece of carpet, and found it at the pawnbroker's.
GUILTY. - Aged 16. - Judgment Respited .
HARRIET LEITH . I am the wife of John Leith . The prisoner had lived in a furnished room in my house for five weeks, with a man - I do not know whether he was her husband: after she left I missed seventy yards of plait from a box in my servant's room, which was not locked -I have found it; part of it was made into a bonnet.
Cross-examined by MR. PHILLIPS. Q. What is your husband? A. A working jeweller - I do not keep a shop, but I was twenty years in the straw business - I was taken ill; the prisoner said she thought it was the cholera, and she removed - her husband was in the house with her.
ELIZA PEPPER . I lived servant with the prosecutrix; there was a box of plait in my room - the prisoner asked me where the plait was several times, and I took her up stairs, and showed her - I told my mistress that I had shown it to her, when my mistress asked me.
AMY GREY . I live in Wilson-street. The prisoner came to my house with a man and a child; she brought three score and ten yards of straw-plait, and asked me to make a bonnet, which I did - I told her three score would be sufficient; she fetched it when it was done.
GILBERT GOLDFINCH . I am an officer. I took the prisoner with the bonnet on - she strongly denied it; she was remanded, and as she had no other bonnet, I let her have this again, and the next morning two or three rounds had been taken off it - I cannot find any straw, but it might be taken away.
Cross-examined. Q. How do you know it? A. I made it myself, and know it by my own work; I have a particular way of putting on the slopes.
MRS. LEITH. I can swear to this plait from the make of it - it is of a particular thickness - I bought it of Mr. Bradley, who had it from the Tuscan islands; I have some of it now.
Cross-examined. Q. How much he might have sold you do not know? A. No.
NOT GUILTY .
WILLIAM CUNNINGHAM (Police-constable C 132). -On the 25th of September the little girl Phillips, who lives at a marine-store shop, where I lodge, came to me, and said two pewter pots, cut into pieces, had been brought for sale; I took the pieces, and found the prosecutor's name on them - the girl gave me a description of the person, and I put on a private coat, and found the prisoner - these are the pots.
MARY ANN PHILLIPS . My father keeps a marine-store shop in King-street. On the 25th of September the prisoner brought in this metal, and put it into the scale - I said we did not buy it; he said he would leave it, and went away - I informed the officer, who went and took him.
Prisoner's Defence. I am wrongfully accused - I never took the pots near the shop, nor saw them till I was taken.
GUILTY . Aged 21. - Confined Three Months .
GUILTY . Aged 49. - Transported for Seven Years .
WILLIAM HOLLINGSWORTH . I am a shoemaker , and live at Battle-bridge . On the 26th of September I was standing in the shop, about half-past twelve o'clock in the morning; I saw the two prisoners, who I suspected - I watched them some time, and then went into the parlour; I looked through the blind - one of them came to the sill of the door, lifted up a pair of boots, and then let them down again; I then saw Simmons come and take them -Oliver was close to him, and another person was with them
Oliver's Defence. Another boy took them, and ran away.
Simmons' Defence. Another boy took them, who had no shoes on - he threw them to Oliver's feet, and he took them up.
OLIVER - GUILTY *. Aged 13.
SIMMONS - GUILTY *. Aged 13.
NOTE. - Those prisoners who are marked with a star, have been in custody at a former period.
Transported for Seven Years .
RUTH DAVIS . I am servant to John Evans - he is a milkman . On the 2nd of October, about seven o'clock in the morning, I left my pail and cans in Princes-street , for a few minutes, and when I returned they were gone.
THOMAS WILSON . I am a constable of Westminster. A few minutes past ten o'clock in the morning I met the prisoner, with these things, in Wardour-street - I thought she was not a milkwoman, and took her to the station.(Property produced and sworn to.)
Prisoner's Defence. I met a man, and asked him to give me a pipe of tobacco - he said he had no pipe, but gave me these things.
GUILTY *. Aged 60. - Confined Twelve Months .
NOTE. - Those prisoners who are marked with a star, have been in custody at a former period.
CORNELIUS WINTLE (Police-constable L 55.) I was on duty in Holborn, on the morning of the 27th of September, and heard a gentleman call out "Police!" opposite King-street - I crossed, and stopped the prisoner; some eggs dropped out of his hat; I took him to the area of Mr. Wood's house, and the beef and mutton were in the area - Mr. Wood was looking out of the window.
ELIZABETH CUTLER. I am cook to the prosecutor. I know the property to be my master's.
GUILTY. Aged 16.
Recommended to Mercy . - Confined One Month .
LEONAR FRANCOIS FERMENT . I live in Ranelagh-street, and am a cabinet-maker . On the night of the 9th of September I met the prisoner in Long-acre, and went into a gin-shop with her - we afterwards went to a house; I do not know where; I was very tipsy - I laid on a bed in the room, and went to sleep; her coming into the room a second time awoke me; I saw her take my watch from the mantel-piece - I called Stop thief! I missed my purse from my left-hand trousers pocket; I cannot tell where I had put my trousers, and did not see her take the purse.
DAVID PHILLIPS (Police-constable B 15.) At a quarter before three o'clock in the morning I heard a cry of Police! I went and found the prosecutor, who said he had been robbed at the house, which he pointed out - I searched the room, but found nothing; I padlocked the door, and took the key - I went to the watch-house with the prosecutor; I went to the house again at five o'clock- I found the door had been broken open, and fastened inside; I knocked, and then went to the window; I found the prisoner in bed - she told me to give her time to dress, which I did; I then searched, and found this purse, half a crown, a shilling, and a key, which opened some drawers in the prosecutor's room - the prisoner said she found the purse.
Prisoner's Defence. I went home with the prosecutor - I told him to stop till I had got a light, and when I returned there was a padlock on the door; I opened it, and found the purse, but I never saw the watch.
NOT GUILTY .
Before Mr. Common Sergeant.
HENRY HALE, SEN. I am a boot and shoemaker , and live in Whitcomb-street - the prisoner is my son. On the 19th of September he left home; I suspected he had taken something, and missed this coat from an adjoining room.
WILLIAM PARRINGTON . I am apprentice to Mr. Lorton, a pawnbroker. I have a coat, which was pawned about three o'clock on the 19th of September, by the prisoner, for 10s.; he said he brought it for his father, who lived in Whitcomb-street - he had pawned things before, as we supposed, for his father.
HENRY HALE . This is my coat, and the only one I had; I had not allowed him to pawn it - I am sorry to say he had taken many things of mine, or I should not have taken the step I have; he is a very good boy at work.
GUILTY . Aged 12. - Transported for Seven Years .
PETER EVEREST . I live in Litchfield-street, Soho. On the 19th of September I was in Great Marlborough-street, about eleven o'clock; I heard an alarm of Stop thief! and saw the prisoner running - I stopped him with this chest under his arm; I suppose it was a mile from the prosecutor's.
Prisoner's Defence. I was coming from Paddingtonmarket, and two young men asked me to carry this to Great Earl-street, Seven-dials - I was going there in a hurry, and was stopped.
GUILTY . Aged 20. - Confined One Month .
THOMAS HARRIS. I keep the tap at the Belle Sauvage ; these overalls are mine, and were in a cupboard up stairs; I had not missed them till the officer brought them on the 13th of September; the prisoner had been about a week in my service, and had left the evening she was taken.
Cross-examined by MR. DONNE. Q. Had you known any thing of her before? A. No; we had not a character with her; she said she was in distress, and we took her out of charity - she said that afternoon that she should not stay.
HENRY BOLTON (Police-constable H 87). On the night of the 13th of September I was on duty in Wentworth-street, about eleven o'clock; I saw the prisoner, who had a plaid clock on, speaking to another person; I went up to her, and asked what she had - she said I was very curious, she had got her own property; she then said she had got a pair of trousers, if I must know, which she had taken out of pawn, and she was going to send them to a young man in Yorkshire - I found these overalls on her.
The prisoner received a good character.
GUILTY. Aged 28.
Recommended to Mercy . - Confined Fourteen Days .
WILLIAM FOSTER . I am the son of John Foster , a gardener, who lives at Hornsey - I am in Hornsey workhouse. On a Wednesday I was at Mount-pleasant , about a quarter past two o'clock; I saw the prisoner throwing stones at Mr. Nicholson's ducks; I then saw him take one of them, bend its neck, and put it under his jacket; I rang the bell at Mr. Nicholson's, and told them of it; I am sure the prisoner is the man, he had a green handkerchief, which seemed to have something in it.
Cross-examined by MR. DONNE. Q. How long had you observed him? A. Not many minutes - he was about ten yards from me; he seemed to be tipsy.
WILLIAM CHILDS . I am gardener to Mr. George James Nicholson - he lives at Hornsey. In consequence of information from this lad, on the 12th of September, I went on horseback in the direction of London; I came up with the prisoner about a quarter of a mile from my master's; I got off my horse, tapped the prisoner on the shoulder, and said "What have you got in this bundle?" he gave it to me, and said, "There are your ducks;" I found the ducks in it - they were dead, but quite warm - they were tied up in a green handkerchief.
Cross-examined. Q. What is there particular about them? A. I can tell them from the color, and their particular marks; the prisoner seemed to be tipsy, but knew what he was doing.
Prisoner. My wife had been put to bed the night before - I went to see her, and got too much to drink -I know no more.
The prisoner received a good character.
GUILTY. Aged 23.
Recommended to Mercy . - Confined One Month .
SAMUEL LINLEY . I am a constable. On the 2nd of October I was standing at my shop door, opposite the prosecutrix's; I saw the prisoner go and look at the gown, which hung at their door; she then went away, and came again, took it down, folded it up, and was going away - I followed, and took her with it.
Prisoner. I looked at it, but did not mean to steal it. Witness. She had got thirty or forty yards with it, but she said she did not mean to steal it.
GUILTY. Aged 34.
Recommended to Mercy . - Confined One Month .
HENRY HAMILTON . I am shopman to Mr. Charles Daniel - he is a jeweller and hardwareman , and lives in Oxford-street . On Saturday, the 15th of September, I was in his shop about half-past nine o'clock; I saw the prisoner come to the shop with a boy, who asked the price of a flute; this tea-caddy stood a little beyond the flute; the boy reached out his hand, took it down, and gave it to the prisoner, who ran away with it - he threw it down in Old Cavendish-street; there was a cry of Stop thief! and he was taken in Cavendish-square.
JAMES ASHTON . I am a French-polisher, in the prosecutor's employ. I saw the prisoner and a boy at his shop on the 15th of September - they asked me the price of a flute - I told them, and they walked on to the corner where the tea-caddy stood; the boy reached the caddy, and knocked down a work-box which stood by it - he gave the caddy to the prisoner, who went off with it; he threw it down in Old Cavendish-street.
CHARLES WILLIAM RUSSELL . (Police-constable D 60). On the 15th of September I was on duty in Wimpole-street; I heard an alarm, ran, and saw the prisoner turning into Cavendish-square - I pursued and took him.
Prisoner's Defence. I was passing this shop; I asked the price of a flute, and he told me 3s. 6d. - there was no other boy with me; I went on to the end of the place, and a lad put the caddy into my hand, and told
GUILTY . Aged 17. - Confined Three Months .
ACQUITTED . (See page 922.)
THOMAS OLIVER. I live in Dagger-lane, Hull, and am a tallow-chandler . I came to town in September, on a Sunday night, by the steam-packet; and on the next Thursday I wanted to go to St. George's in the East, but being a stranger, I did not know the way - I met with the prisoner about three o'clock in the afternoon, as I was looking in at a window; she came, and asked me to give her a glass of porter; I said I would, on condition of her showing me the way to St. George's in the East - she said she was going that way, and we walked on for two or three hundred yards; she then said, "Stop, I have to call in here;" she went to a house, and told me to come in; I went in, and then she asked me for her glass of porter; I gave her some - when we had drank it, there was a knocking at the door; the prisoner got up, and said, "For shame of yourself," and she went out of the door - I went to go out, but I found I was fastened in the house; I pulled the door, and with difficulty I got out, but the prisoner was gone; there were two women standing in the yard; they asked what I wanted - I said I came with a lady, who was going to show me the way; one of them said, "I think she has fleeced you;" I felt for my pocket-book, which had 1100l. in it; that was safe; but I missed thirty sovereigns out of my pocket, all but one half-sovereign - I gave information, and she was taken the following morning; I had taken out all my money to give her sixpence to get the beer - I had only one sixpence; the rest was sovereigns and half-sovereigns - she saw what I had; there was a bed in the room, and we sat upon it - I was there probably a quarter of an hour; I had been anxious to go, and she was anxious to keep me; I did not perceive her hand in my pocket; I had been tipsy in the course of the day, but I was a great deal better then - I am quite sure my gold was safe when I took out the money, and gave her the sixpence.
JOHN GREEN (Police-constable H 91.) I took the prisoner at half-past twelve o'clock on the Thursday night; she was with a man - I told her I had a charge against her for robbing a gentleman; she put her right hand into her left bosom, pulled out some gold, and threw it down, but I cannot say how much; the man then interfered, and rescued her from me; I picked up one sovereign; I then got the assistance of Jones, and we took the prisoner again - the man again interfered; I sprang my rattle, and she was taken to the station - when she was there I saw her put her hand to her mouth; I called to my brother officer, "Stop her, she will swallow it" - he put his hand to her throat, and I saw one sovereign, one half-sovereign, and some silver, taken from her mouth.
Prisoner. I know nothing about it; I had not even money to get a candle - he said he doubted whether I was the person, and if he had part of his money he would not prosecutor me, but I could not make him up 20l. or 30l.
RICHARD JONES . (Police-constable H 158). I assisted in taking the prisoner, and was at the station; I saw her put some money into her mouth, and try to swallow it - my brother officer put his hand to her throat and turned it out; there was one sovereign, a half-sovereign, and 7s. 6d.
WILLIAM SAVAGE . (Police-constable H 50). On the Thursday afternoon, about four o'clock, the prosecutor told me had been robbed, and described the house; I took him to No. 18, George-street, Wentworth-street , which I knew to be a house of that description - he said it was the house; he described the prisoner, and I knew her; I had seen her in the street about an hour before, but I never saw her again till she was at the station.
Prisoner's Defence. They ought to be ashamed - I never saw the man nor his money; the prosecutor would not have come against me if if had not been for these men; the money I had was my own, and given me by a gentleman, who came once in six months to see me.
GUILTY .* Aged 21. - Transported for Fourteen Years .
WILLIAM BARRETT . I live in Blackwell-street , and am a shoemaker . On the afternoon of the 15th of September the prisoner came to my shop, about one o'clock, and asked for a pair of shoes; he was fitted with a pair by my young man - he left 6d. deposit, saying he would call at night and take them; he returned, and said his father wished him to have a pair of a higher price, and while he tried on another pair he took three pairs of shoes, and put them into his basket - I was informed of it, and he was asked what he had got in his baket; he said he was only a poor glazier's boy, and had got nothing; we found the three pairs of shoes in in it, which are mine.
MARY ANN WHITE . I am servant to the prosecutor; I saw the man fitting some shoes on the prisoner, and while he was doing it, the prisoner put his hand on the shelf, and took three pairs of shoes, which he put into his basket; I told my master, and the Policeman came and took him.
The prisoner put in a written Defence, pleading poverty.
GUILTY .* Aged 19. - Transported for Seven Years .
JOHN LYNNARD was indicted for stealing, on the 19th of August , 1 handkerchief, value 6d., and 1 tippet, value 1s. , the goods of Eleanor Mahon .
ELEANOR MAHON . I am single , and live with my mother - I am seventeen years of age. I met the prisoner on the night in question, and went with him to a house of ill-fame in Woodstock-court - I fell asleep in the bed; when the officer came into the room, I missed my muslin tippet and cotton handkerchief, which I had left on the table; these are the articles.
Prisoner. You came to the prison gate, and told them you was my sister, and wished to see me. Witness. Yes I did; one of his friends told me to call upon him, to tell him they could not bring him any thing till the next day; I had not known his friends before, but they found me - he gave me 6d, that night when he got into the room - I did not tell his landlord if he would make it up I would say I put the things into his hat.
SUSANNAH PENNALL . I live servant in the house. The prosecutor and the prisoner came there; I afterwards saw the prisoner go out, with a string of something hanging down his face - I followed him, and told a Policeman, who took him; he said he had nothing in his hat but his handkerchief; he was taken back to the house, and then said he only took them for fun.
THOMAS GOODWIN . (Police-serjeant D 7). I received the prisoner in charge - I asked what he had in his hat; he said his pocket-handkerchief - I asked if he had any thing else; he said he did not know - I said, "You are accused of having a female's property;" I took it off, and found these articles in it - I put it on his head again, and said he must go to the house with me; in going along, he took off his hat, and threw the articles down - I took them up, and took him to the house; I found the prosecutrix asleep; she missed these articles - she said the prisoner had been there with her an hour and a half before; the prisoner only said he thought some one had put them into his hat.
Prisoner. Q. Were not the things quite at the bottom of my hat? Witness. A. Yes; I did not see any string.(Property produced and sworn to.)
NOT GUILTY .
Fifth Middlesex Jury, before Mr. Common Sergeant.
DAVID MATTHEWS. I keep an asylum for the unemployed , near the Commercial-road ; the prisoner came there in March last; I gave him employment, and supported him; the other inmates paid three halfpence a night. On the 5th of July I gave Ryan a sovereign to purchase a pound of sago and a loaf - he gave it to the prisoner, who did not return; I did not see him again till the 18th of September - he went by the name of John Austin .
MARY ANN RYAL . I was at the asylum, and handed the prisoner the sovereign for Mr. Matthews, to go and buy a pound of sago, and a quartern loaf; I said to him "You will not be long," and told him to bring word what time it was.
The prisoner put in a written Defence stating, that he was intoxicated, and having frequently been refused remuneration for his labour, he considered the sovereign was for that purpose, and that he was discharged.
DAVID MATTHEWS re-examined. Q. Did any thing pass that could lead him to suppose that the money was given him to pay him and discharge him? A. No, nothing of the kind; he was not intoxicated that I perceived; he had 1s. 6d. a week the latter part of the time.
GUILTY. Aged 36.
Recommended to Mercy . - Confined One Month .
GEORGE THIRMBECK CROFT . The prisoner was in my employ as porter for two or three years; I live in the Whitechapel-road . On the 15th of September I marked two half-crowns, and put them into the till with some other silver; I left him in the shop where the till was - I was absent about a minute; I looked through the window from the yard, and saw him turn from behind the counter - no customer had come in; I came into the shop, looked into the till, and missed the half-crowns; I told him he had robbed me - he denied it - I said he had, and I thought to a very considerable amount, and I would send for a Policeman; he then said he had taken half a pound of sugar; I did not tell him I would give him into custody unless he owned to it.
Cross-examined by MR. PHILLIPS. Q. Upon your oath, did you not say you would forgive him, or would not proceed against him, if he did any thing? A. No; after I said he had taken the half-crown, he said, would I forgive him - I said "No; if you were to acknowledge all you have taken, probably I might;" he produced the two half-crowns, and I found a C which I had marked on them - I have kept them ever since, wrapped up in paper; the C is scratched in the neck of the head with a pen-knife.
GUILTY. Aged 25.
Recommended to Mercy . - Confined Three Months .
Before J. Mirehouse, Esq.
2258. THOMAS BROCKLEY was indicted for stealing, on the 10th of September , 10 lbs. weight of iron nails, value 5s.; 4 gross of iron screws, value 2s., and 1 lamp, value 2l., the goods of Samuel John Knight and others, his masters .
HENRY FARBRIDGE . I live in Mapes-street, Bethnall-green-road ; I was away from home at the time of the robbery; the prisoner had worked for me between three and four years; when I came home I was told a bobbin of silk was missing - it weighed about 3 ozs,. and was worth about 3s.; I had seen the prisoner between eight and nine o'clock in the morning before I went out; about the 25th, the Policeman brought him; I expressed my surprise at his taking any thing from me; he said he was very sorry, and wished to be forgiven.
Cross-examined by MR. CLARKSON. Q. I believe
GEORGE BRACKEL . I was in the prosecutor's employ. About one o'clock that day I was at the top of the workshop, looking through the window, and saw the prisoner take the bobbin of silk, and put it under his waistcoat: then he went to the end of the shop, and put his coat and hat on; I told my mistress, who called him back, and asked if he had any thing - he said No; but after that, he pulled the bobbin out, and gave it to her; he said he would come back after dinner, but he did not.
Cross-examined. Q. Did your mistress desire him to go away? A. No.
GUILTY. Aged 20.
Recommended to Mercy . - Fined 1s. and Discharged.
SARAH DORING. I am single , and lodge in Church-street, St. Giles's . On the 26th of September, I had a bonnet hanging up in my room; I had returned home about four o'clock, and let the prisoner into my room, and in about ten minutes I went out for a little tea and sugar - I left no one else in the room; when I came back she was gone with the bonnet - I went and found her in Long-lane, Smithfield.
Prisoner. Q. Did I not come at six o'clock in the morning, and give you 9d. to get breakfast? A. No, she did not.
Prisoner's Defence. She left me fast asleep in the room, at four o'clock; I certainly left it at Loscombe's house for a few halfpence, for I was very faint and hungry - I took it to her house, and asked her to let me have a few halfpence; she said she was not in the habit of doing such things, she would buy it - I did not intend to rob her, but to get it the next day.
GUILTY . Aged 31. - Confined Seven Days .
2261. STEPHEN BROWN and JONAS SCOTT were indicted for stealing, on the 24th of September , 3 petticoats, value 4s. 6d.; 1 gown, value 7s.; 1 frock, value 4s.; 1 night-gown, value 1s. 6d.; 1 comb, value 1s., and 2 handkerchiefs, value 2s., the goods of William Drew , from the person of Harriet Drew .
BROWN pleaded GUILTY . Aged 19.
Transported for Seven Years .
HARRIET DREW. On the 24th of September I had been to Bethnal-green, and was coming home in the evening, about ten minutes or a quarter past seven o'clock, with my mother, my aunt, and a friend of hers -I had a bundle in my hand; I do not know what it contained: a man, who I did not see, snatched it from me, and ran away - my father's name is William; it was my mother's property.
Cross-examined by MR. PHILLIPS. Q. What kind of a night was it? A. It was dark - I had a friend with me; my mother and aunt were three or four yards before us: it was so dark, we could not well distinguish them - my bundle was snatched on a sudden, and the person was gone in an instant; there was no opportunity for any one to see him scarcely - my friend was in conversation with me; I believe she saw three men as we passed, but not at the time the bundle was snatched - they had not offended us; there was no reason to notice them particularly.
SUSANNAH PEPPERS . I was in company with Harriet Drew , walking with her down Dog-row ; when we got to the turning leading to Lamb-fields, there were three men standing at the corner - I took particular notice of the prisoner Scott, who was the tallest, because he moved a little way from the others, when we got up to him - I was afraid they were after something, and when we got a short distance I was turning round to look, and Scott was stooping behind us; he snatched the bundle, and they all ran off into the field - I am certain Scott is the man: it was about a quarter past seven o'clock, and light enough for me to see.
Cross-examined. Q. It was not a dark night? A. It was about a quarter-past seven o'clock, but the gas-light shone full in his face; Mrs. Drew and her sister were three or four yards before us - I could discern them distinctly; it was quite light enough to see what they were doing - there was another man taken up in the field; I saw Scott again, about a quarter before ten o'clock the same night, and I identified him - none of the Policemen desired me to look at his nose, or at any part of his face; he had his hat on when he took the bundle, but I could see his face - he had a coat on with bright buttons; I cannot tell what cravat he had - I had seen him when I passed the end of the street, and then I turned round to look at him - I did not describe the prisoner's face to the Policeman; I said he was a tall man and fair - I did not notice the other men; they were standing more in the dark.
ELIZABETH DREW . I and my sister were walking first; my daughter and Peppers were behind us - my daughter had a bundle in her hand, and I heard her scream; I saw a man run - I picked up a hat; the bundle contained the articles stated; they were my husband's - I had observed three men standing, and I thought they noticed us as we passed; I had not seen the men before, to my knowledge: I do not know who snatched the bundle.
Cross-examined. Q. It was rather a dark night? A. Yes; I could not see the persons, because my back was towards them - I and my daughter were very much alarmed; I went to the station - Brown was taken.
SUSANNAH MARY LLOYD . I was with Mrs. Drew on this evening; we went by the Queen's Head public-house, in the Dog-row, and I observed three men standing at the corner; I turned my head, and looked at them - my niece and her friend were behind us; I heard my niece call out that her bundle was taken - I turned, and saw the three men run across the field; I noticed Brown as we passed, as he looked very hard at me and my sister - when my niece cried out, I ran after the man, and cried Stop thief!
HENRY THOMAS DALLY (Police-constable K 23). On the 24th of September, about ten o'clock in the evening, I was in Jubilee-place; I saw Scott with two others, and took him into custody - I do not know who the others were; they made their escape - I took the prisoner to the watch-house, and sent for Peppers, who identified him; he said nothing.
ROBERT NEWMAN SANDERS (Police-constable K 76). I was at the watch-house that evening, when Brown was brought in; I was shown a hat, which Brown had lost -I had seen Brown, Scott, and two others in company, about a quarter-past six o'clock that evening; I went to the cell in which Brown was confined, and he said if we went to the field with lights, we should find the bundle, which had been dropped close by where he was taken.
Scott's Defence. I had not seen Brown at all, till I was taken, and I know nothing of the robbery.
SCOTT - NOT GUILTY .
WILLIAM PAVINGTON . I am shopman to Philip Lawton, a pawnbroker , in Green-street, Leicester-square . On the 8th of October these trousers hung within the doorway - I missed them about half-past eleven o'clock; I went to the door, and a gentleman said something - I ran down a court, and came up with Watkinson and the prisoner; I gave the prisoner into custody - I saw the trousers at the station, produced by Watkinson; these are them.
WILLIAM WATKINSON . I live in Long's-court. I saw the prisoner run past my place with something in his apron - I pursued, and came up to him; he dropped his apron - I tapped him on the shoulder, and told him a young man wanted to speak to him; Pavington then came up, and said, "Where are the trousers?" he said, "I have no trousers, search me," and then Pavington followed him - the prisoner turned, and struck him, and I said, "Don't strike him, strike me;" he struck him again, and I struck him - we then went back, and found the trousers thrown on a low grating, where I saw him drop his apron.
Prisoner's Defence. I was above twenty yards from the place when I was taken; I was walking slowly.
GUILTY . Aged 22. - Confined Three Months .
SECOND COUNT, stating them to be the property of Leonard Wass and another.
ANN WASS . I live with my brother Leonard, in Wentworth-street ; he keeps a chandler's-shop . On Sunday night, the 13th of August, I was in the house by myself, and was standing by the counter, between eleven and twelve o'clock, taking the copper out of the till, and putting it into the jar; a person came in, and took the jar and the money away - I only saw the shadow of one person - I did not know particularly who it was; I did not see the person - five men had been into the shop for some victuals, and my brother had desired them to go out, as they were rather noisy; I had counted 6s. 6d. into the jar in halfpence and pence - there was 3s. in pennies and 3s. 6d. in halfpennies; the prisoner is one of the men who had been in the shop before.
ANN SHEEN . I live in Wentworth-street. On the night of the 12th of August I was between my own door and Mr. Wass' window - I saw the prisoner and four others go into Mr. Wass' shop, and have some bread and meat; I watched them - after Mr. Wass had put up his shutters and gone down the street, the prisoner and three others came back to the shop; the prisoner stood by the door, and another went into the shop, brought out the jar, and gave it to the prisoner - I gave information, and the other man was transported last Session; I am quite sure of the prisoner's person - I had known him twelve months.
GUILTY . Aged 24. - Transported for Seven Years .
2264. CHARLES CECIL was indicted for stealing, on the 25th of September , 1 set of fire-irons, value 3s.; 1 candlestick, value 1s.; 2 paintings, value 3s.; 2 pillows, value 3s.; 2 sheets, value 5s.; 1 counterpane, value 3s.; 1 shirt, value 1s., and 1 saucepan, value 1s. , the goods of Rosa Cozela .
ROSA COZELA . I am a widow , and occupy a floor in Noble-street, Spafields . The prisoner and his wife lodged in my front room in September - I went into the room on the 26th of September, and missed all these things; the prisoner was out at that time; when he came home I asked what he had done with them - he said I might guess; he was then taken into custody.
Prisoner's Defence. I got acquainted with a female, and took her to live with me; I used to go out as soon as we had breakfasted, and did not return till late in the evening; I did not know of the things being taken.
NOT GUILTY .
ROBERT HAWKESLEY (Police-constable S 1.) On Sunday morning, the 23rd of September, I was on duty at Highgate-hill; the prisoner came up, and spoke to me - as he was going along towards Highgate we got in front of a public-house; he went and laid down his head on the trough, and his hat fell into it - I took it, and
MR. PHILLIPS. Q. Where was the hat? A. In the trough; there was no water in it; he was not asleep - he was a little in liquor; he did not appear to have been fighting - I meet him every morning when he goes out to work; it was about half-past two o'clock on Sunday morning.
RICHARD HENDERSON . I live in Tottenham-court-road . On the 22nd of September I saw the prisoner in my shop, in company with two other persons - one of them bought a half-handkerchief; while I was serving them I was called to serve a man at the door; on returning, I saw the prisoner putting a parcel into his pocket, but not suspecting it was any thing of mine, I took no notice of it - he went out before the other men, and said he wanted to go and get some tobacco; I have no doubt of these being my gloves; they have my wife's writing on the paper - I did not miss them till they were brought on Monday morning, about eleven o'clock; I could not miss them from my stock; but when they were brought, I missed some similar to them.
Cross-examined. Q. How many pairs of gloves ought you to have had in your stock? A. That is impossible for me to tell - I missed such as these; I have no mark on them; I cannot say the prisoner was sober, but he was not drunk - he was sober; it was about twelve o'clock.
COURT. Q. Were your gloves wrapped up in a paper of this description? A. Yes; I had but one paper of gloves of this description.
Prisoner's Defence. I went into the shop with my mates; I believe they bought a shirt and a handkerchief - we came out together; I saw no gloves - I then went on to Camden-town; I offended one of them, and we quarrelled and fought - the Policeman came, and told me to go home about my business; I then went on to the trough; this Policeman came, took my hat, and took it behind the Flask - when I awoke up I saw two lights, and two Policemen came, and asked if I had lost any thing - they brought these gloves forward, but they were not in my hat at all.
ROBERT HAWKESLEY re-examined. Q. Was there another Policeman with you? A. Yes; the prisoner appeared to be looking about for his hat; his head had been laying down; then he got up, and looked for his hat - I did not consider him tipsy; he was a little in liquor; I had not a light; the other Policeman had - there was only one light at the time he was taken, but another man came up afterwards; I had my Police dress on; he asked me for his hat before I showed it him, but not till I had asked him what he had lost.
NOT GUILTY .
OLD COURT. FRIDAY, OCTOBER 19.
Second Middlesex Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 60. - Transported for Life .
2267. GEORGE CHANDLER and GEORGE CHILSTON were indicted for stealing, on the 7th of September , at St. George, Bloomsbury, 6 silver spoons, value 7l., and 1 pair of snuffers, value 4s., the goods of John Easthorpe , in his dwelling-house .
MR. BARRY conducted the prosecution.
JAMES NAIRN . I am servant to John Easthorp, Esq., M. P. , who lives in Upper Montague-street, in the parish of St. George, Bloomsbury . On the 6th of September, in the evening, the plate was all safe in the pantry; I left the closet open between half-past seven and eight o'clock next morning, and after four I missed these articles - the pantry is a front room; persons coming down the area steps could get to the cupboard.
JOSEPH DOWNES . I am a jeweller, and live in Longacre. On the 7th of September, about two o'clock in the afternoon, the prisoners came to my shop; they produced six spoons and a pair of snuffers for sale - I said as I had my suspicions that they had come improperly by them, I should decline buying them, and would give them up before the Magistrate; they left the shop, and returned in three or four minutes - Chilston said I had better give up the property; Chandler only had come in at first; On the second occasion both came in, and Chilston said they were sent from a relation of his in the country, and I had better give them up - I said I would give them up at Bow-street; they went away; I gave information to Leadbetter, and gave him the plate - it is worth 7l. at least.
HENRY HALL . I am an officer. In consequence of information, on the 7th of September, I went to look for the prisoners, and took them together in Drury-lane - I asked how they came by the plate; they both said they found it in an uninhabited house in the New-road.(Property produced and sworn to.)
Chandler's Defence. I left Chelsea, went to Smithfield, and met Chilston between eleven and twelve o'clock- he said he had picked the property up, and asked if I knew where to sell it; I said No - he asked me to go into the shop, and ask if they bought such things; I went, and said it belonged to a young man outside - I came out, and sent Chilston in.
Chilson's Defence. About ten o'clock I left this lad, and by some ruins I was taken ill; I went into a vault, and in one corner saw this parcel, wrapped in paper - I came out, and saw this lad coming; he asked what I had got; I told him, and asked where I could sell it - as we went up Long-acre he saw written up, "The best price given for old gold and silver;" he went in, came out, and said they would buy it; I went in with it, and it was stopped - I understand the sweeps had been at the prosecutor's that morning, and most likely they stole it.
CHANDLER - GUILTY . Aged 19.
CHILSON - GUILTY . Aged 20.
Transported for Life .
2268. ELIZABETH GALLOWAY and CATHERINE LOWEY were indicted for feloniously breaking and entering the dwelling-house of Matilda Parkinson , on the 18th of October , at St. Leonard, and stealing therein 1 shawl, value 4s., and 1 petticoat, value 9s., her property .
MATILDA PARKINSON. I am single . On the 10th of October I lived on the second-floor, in Armstrong-rents, Kingsland-road, in Shoreditch parish ; the house belongs to different lodgers - the prisoners lodged together in one room, on the ground floor; the landlord does not live in the house. I left my room locked up at half-past six o'clock in the evening, and had the key in my pocket - I returned just before eleven, found my door standing open, and missed a shawl and petticoat which I had left on the bed - next day I saw Galloway sitting on the stairs with a breadth of the petticoat tied before her as an apron; I only saw the front breadth; I said nothing to her - I went and told some neighbours of it; Galloway went into her room, and took off the apron; I saw her come out in about ten minutes with a piece of calico before her instead of it - Lowey came to me last Saturday; I accused her of this robbery - I said I would not hurt her if she said where the property was; she told me it was at the second pawnbroker's in Shoreditch - she went with me there, and asked for the shawl which she had pawned on the Wednesday night; the man produced it - it was mine.
Galloway. Q. Did I not come to you, and say, "Is this your petticoat?" and you said "No, mine had a broad hem?" A. No; it was mine she had on at first, but she went and changed it - nothing of mine was found in her room - I have not found any part of the petticoat.
MARY HARRIS . On Thursday, the 11th of October, I was cleaning the yard facing the prisoners' door; I live in the same court - the prosecutrix came down stairs, angry, and said, "Look at the front breadth of my petticoat on Galloway;" I turned, and saw she had what appeared a front breadth of a calico petticoat, with a broad hem, and a band, but whose it was I do not know - the prosecutrix went away, leaving the prisoner in her room, and while there she took off the breadth, put on a little bit of plain calico, and said that was the same piece; I said it was not, for the other had a broad hem - she declared it had not, and produced a bit without a hem; I went away till the evening, when the Policeman searched the room, and I searched the prisoner, but nothing was found on her; the prisoners are mother and daughter - I believe the daughter is between thirteen and fourteen years old.
GEORGE ALLEN . I am shopman to Mr. Cotterell, a pawnbroker, of High-street; the name of the parish is St. Leonard, Shoreditch. On the 10th of October, in the evening, the prisoner Lowey pawned this shawl, for 3s., in the name of Ann Grub - I asked if she pawned it for her mother; she said Yes; Parkinson afterwards came and claimed it.
Galloway's Defence. I know nothing of the robbery; I was in bed and asleep - I awoke, and asked the child where her father was; she said at the public-house, and I went to look for him at ten o'clock; I went to sleep afterwards - I was poorly.
GALLOWAY - GUILTY of stealing only . Aged 52.
Confined One Year .
LOWEY - NOT GUILTY .
First London Jury, before Mr. Recorder.
2269. JOHN SKIDDINGTON was indicted for feloniously breaking and entering the dwelling-house of Thomas Fellows , on the 8th of October , and stealing 1 coat, value 4s.; 4 pairs of trousers, value 17s.; 1 jacket, value 18d.; 1 waistcoat, value 1s.; 2 handkerchiefs, value 18d.; 1 pencil-case, value 1d., and 4 shillings, his property .
SECOND COUNT, like the first, only stating 1 coat, 1 pair of trousers, 1 handkerchief, 1 pencil-case, and 4 shillings, to belong to William Clinton ; 1 jacket, 1 waistcoat, and 1 pair of trousers to Frederick Clinton ; 1 pair of trousers, and 1 handkerchief to Thomas Fellows , the younger; and 1 pair of trousers to James Branch Fellows .
THOMAS FELLOWS . I live in Cradle-court, St. Mary-Axe . On the 9th of October, between six and seven o'clock, while I was dressing, I heard William Clinton call his mother - my street door was found ajar, and this property missed, all of which was in the house the night before - none of the apparel was mine; I never saw the prisoner in the house.
WILLIAM CLINTON . I lodge in the third floor of Fellows' house. My coat, trousers, and pencil-case were at the side of my bed the night before; I shut and latched my room door - Frederick Clinton slept in the same room - I awoke at six o'clock in the morning, and missed my things; I had seen nobody in the house - Frederick's things were also gone; James Branch Fellows lived in the house, and his trousers were produced at the Mansion-house; the things were taken before we got up.
JOHN CROSS . I am a patrol of Aldgate ward. At half-past one o'clock in the morning of the 9th of October, I met the prisoner with these clothes loose under his arm - he was alone; he said he had brought them from the country - the witnesses claimed them: the prosecutors' is a private house.
WILLIAM PLAISTOWE , JUN. I am an officer of Aldgate ward. I was at the watch-house when the prisoner was brought there with the property - he told me he had bought the things of a man for 12s. 6d.; I went to Fellows' house about half-past seven o'clock, and found they were taken from a bed-room where his children slept together - I found the kitchen door below was open; it has no lock, and any person could get in - the street door was open.
THOMAS FELLOWS . My street door was ajar when we got up in the morning, but the chain was up; it was locked the night before - he must have got down the area, and entered at the cellar door, which communicates with the passage, and has no fastening.(Property produced and sworn to.)
Prisoner's Defence. I had come from Maidstone, was rather in liquor, and saw these clothes under a wall; I took them up - the watchman asked where I got them: I
GUILTY of stealing only . Aged 20.
Transported for Seven Years .
2270. JOSEPH COOK was indicted for stealing, on the 14th of October , 1 watch, value 2l.; 1 chain, value 2d.; 1 seal, value 2d., and 2 keys, value 2d., the goods of Thomas John Warner , from his person .
THOMAS JOHN WARNER . I live in Bucklersbury. On Sunday evening, the 14th of October, about a quarter to ten o'clock, I was alone, coming from Sherbourne-lane, through Ball-alley ; and at the bar, all in a moment; my watch was snatched from my fob, and the man ran away - I only saw one person, and cannot say it was the prisoner; I was sober - I knew what I was about - I have a very strong voice, and hallooed out Stop thief! I cannot run, having the rheumatism, but in about three minutes I saw the prisoner in custody, and Skinner produced my watch, with the glass broken.
Cross-exmained by MR. PHILLIPS. Q. Was it a dark night? A. Yes; there is a bit of a gas-lamp there - I was not altogether sober; I had drank a little elder wine and a little gin - I might take four or five small glasses of gin, and about a pot of beer.
HENRY SKINNER . I am waiter at a tavern in Swithin's-lane, which this alley comes into. I was standing at master's door, which is by the side of the alley, and saw the prisoner standing before Warner; what he took from him I cannot tell, but I saw him run away, and Warner hallooed out Stop thief! he turned down George-street, which is opposite - a watchman there made him turn back; I caught him in my hands, and while I held him I saw him throw the watch down - we had a scuffle; I fell, and he got away - I took the watch up, and the watchman, who was about one hundred yards off, secured him; I am certain he is the person.
Cross-examined. Q. It was a dark night? A. Yes, but there was a gas-lamp right opposite where it was done- I did not lose sight of him at all till he was re-taken, except for a moment while I was down; the prosecutor's face and the prisoner's back were towards me at the time of the robbery; I was near a light when I fell - we scuffled for four or five minutes, but the watchman is a very old man, and could hardly walk; the prisoner saw him, and then turned back - it was not him who took him; he was about thirty yards from the end of the court at the time; the prisoner had a green sparrow-tailed coat, which was buttoned; I could see the colour of his coat when I was in front of him.
COURT. Q. Was any other person near the prosecutor? A. No, I saw nobody but those two.
WILLIAM BOWLES . I am a patrol. I was in Oxfordcourt, leading to Cannon-street, and heard a cry of Stop thief! I ran, and saw the prisoner run by, and several pursuing him, calling Stop thief! I followed him one hundred or one hundred and fifty yards, and stopped him; Skinner did not see him that night, that I am aware of - he spoke positively to him at the Mansion-house.
Cross-examined. Q. Were other persons running? A. Three or four - it was a dark night; he was ahead of all the rest that I could see - he might be following some body, but it is not very likely.
Prisoner to HENRY SKINNER . Q. Did the man throw the watch down while you laid on the ground with him? A. No, it was while I was wrestling with you - I did not go to the watch-house, because I could hardly stand.
Prisoner's Defence. He is swearing false.
GUILTY . Aged 22. - Transported for Life .
JOSIAH SAXON . I live in Park-street, Regent's-park. On the 25th of September I was on Holborn-hill , and felt something press against my pocket, and on turning seized the prisoner, with my handkerchief in his hand - he was alone; I saw him let it fall, and took it up - I took him to the watch-house.
JAMES BRANNAN . I was on Holborn-hill, about three yards from the prosecutor, and saw the prisoner take the handkerchief out of his pocket; he dropped it on the pavement - the prosecutor picket it up; I assisted in taking him to the watch-house.
GUILTY . Aged 22. - Transported for Life .
TWO OTHER COUNTS, stating it to belong to different persons.
THOMAS DICK . I am an ale-agent - my place of business is in Vine-street, Minories. The prisoner brought me a written order for ten barrels of ale, signed " George Compton , Brick-lane ;" I was not acquainted with Compton, but made inquiry, and sent the ale on the 5th of July by the carman; the prisoner was apprehended ten or twelve days ago - I did not see him again till then.
Prisoner. Q. How much may I have had from you during the seventeen weeks I lived with you? A. He never lived with me - he never offered to purchase for himself; I said if he brought orders which I was satisfied with, I would execute them - he brought two or three orders, which I paid him 32s. or 35s. for.
GEORGE COMPTON . I am a publican, and live in Brick-lane, Old-street. The prisoner called two or three times to ask if I wanted any Scotch ale, and wanted to send ten barrels; I said I would not order it till I had tasted it, and that I was going to the Nore the next day - about seven o'clock next morning ten barrels were brought; I refused to take them, and the carman drove away - the prisoner and the carman came back with it in about half an hour - he said, "Why won't you take it in?" I said I would not, as I had never ordered it, and they went away.
Prisoner. Q. Do you mean to say you did not order ten barrels? Witness. A. Never; I said I would not order till I had tasted it.
WILLIAM WILLY . I am clerk to Mr. Whitmore Bryant, to whom Dick is agent. The carman came back about three o'clock in the afternoon, stated what had passed, and said he did not think all was right - he showed me his book; it was signed - I sent him to inform Dick; I afterwards found three or four of the barrels at the Old Cherry Tree; I heard the prisoner was to meet a customer at the Belle Sauvage at seven o'clock one night - I went there with the carter and had him taken; that was about three weeks ago.
JOHN ADAMS . I am clerk to Worster and Stubbs, wharfingers and carriers. The prisoner brought the ale to our wharf, and wished to leave seven barrels till next morning - we understood they came from Compton's; and about three hours afterwards the prisoner fetched them away with another carman.
THOMAS MUGGLESTON . About the end of June the prisoner inquired if I wanted any Scotch ale, representing himself as Dick's agent; I asked for a sample, which he brought - I ordered two barrels, and on the 5th of July he came with a waggon, and said, in consequence of a mistake in the order he had given, he would feel obliged if I took three, which I did, and paid him on delivery.
WILLIAM JOHNSON . I am an occasional carman. The prisoner employed me to cart seven barrels of ale from Spicer's, the Cherry Tree - my cart was not large enough; my son took four to Mr. Melvey's, Whitechapel-road; the prisoner helped them into the cart - Melvey would only take in the four, the other three remained at the Cherry Tree for a week or ten days; the prisoner helped me to load the three from Spicer's, and I took them to Morgan's, in Moor-lane.
MICHAEL MELVEY . I live in Whitechapel-road. I received four barrels of ale, and paid the prisoner for them; I was to have had seven, but objected to the way in which they were brought to my house, and there were about thirty gallons short.
WILLIAM BURGESS . I keep the Cherry Tree, Kingsland-road. Strolger brought seven barrels of ale - the prisoner came with it, and ordered me not to deliver it to any body unless he was present; he came to look at it several times - it was at my house more than a fortnight, and afterwards removed, in his presence.
Prisoner's Defence. I engaged with Dick, about the middle of February, at 10s. a week, and 5s. a day travelling expences; I was with him seventeen weeks, and and expended out of my own pocket more than 25l. - I never could get any money, and was advised by my friends to get ten barrels of ale, which I did, and sold to Compton, but he would not take it in, as he said the carman wanted him to sign a book, which is merely a matter of form; I then sold it to the other witnesses - after getting it all settled, I sent for the account, which Dick sent, and here it is.
THOMAS DICK . This is an account made out by the prisoner against me; I never saw this account before, but here is another paper which he has handed in - this is my hand-writing; about three weeks after the transaction, when I could find him no where, a lady came to my counting-house, and said that an aunt of his in Surrey wished to relieve him from his difficulties, and wished to know what charge I had against him - I said he had taken ten barrels of ale from me; she wished for an account of what it was, and said she would send up the money at ten o'clock next day; without thinking of the consequence, I gave her this account, being taken by surprise - (read).
"Mr. Gwinn, To Dick and Bryant - ten barrels of ale, £30."
NOT GUILTY .
2237. WILLIAM WEBB was indicted for stealing, on the 8th of October , 1 coat, value 20s.; 1 neckerchief, value 1s.; 1 pair of gaiters, value 1s., and 1 pair of gloves, value 1s., the goods of Richard Fell ; and that he had been before convicted of felony .
RICHARD FELL . I live at Uxbridge, and carry on my business in Southwark. On the 8th of October, about eleven o'clock in the morning, I put my great coat and gaiters into a closet in the subscription-room, at the Cornmarket ; I was afterwards fetched, and found the prisoner in custody with them - the gloves were in the pocket; he was a stranger to me.
HENRY LUCAS . I saw the prisoner come into the subscription-room; being a stranger I watched him, as several coats and umbrellas had been taken before - he spoke to nobody, but took his seat at the table, and took up the newspaper, but instead of reading it, he had his eye on different persons in the room; then walked about, and read the list of subscribers, which is near the closet door, which was open - he took his seat again; a gentleman, walked in, and put his umbrella in the closet - directly he was gone the prisoner went into the closet, and pulled the door too after him; I watched the room door till he came out, and then stopped him with this coat on his back - he said it was his, and he had hung it up a few minutes before; I said I had seen him come in without one.(Property produced and sworn to.)
WILLIAM JOYCE . I am an officer. I have a certificate of the prisoner's former conviction, which I got from the office of this Court - (read) - I know the prisoner to be the person; he was convicted of stealing an umbrella from the Jerusalem coffee-house, and confined two months.
The prisoner put in a written Defence, pleading poverty.
GUILTY . Aged 31. - Transported for Seven Years .
THREE OTHER COUNTS, stating them to belong to different persons.
ANNA JONES . I am the wife of Thomas Jonathan Jones , of Hackney. On the 26th of September the prisoner, who I had a slight knowledge of, came to me in Duke-street, St. George's East, where I work, and said my husband had sent him, and I was to go with him to Mr. Earby's in Houndsditch , who my husband works for, to get these clothes; I thought it was right, and got the materials to make these suits, for my husband to make up, for Mr. Earby - the prisoner said he was to take them to my husband at Hackney, and I delivered them to him; I did not see him again till he was in custody on the 28th; the materials have not been found.
THOMAS JONATHAN JONES . I am a tailor , and have a shop in Goldsmith's-row, Hackney. I have known the prisoner a long time - I never sent him to my wife for these materials; he never brought them to me - they have not been found.
Prisoner. I said no such thing.
GUILTY . Aged 22. - Confined Six Months .
NEW COURT. FRIDAY, OCTOBER 19.
Fifty Middlesex Jury, before Mr. Common Sergeant.
Upon the evidence of Mr. McMurdo, surgeon of the prison, and Mr. Wontner, the governor, the prisoner was found of unsound mind .
THOMAS BLAIR . I am servant to Mr. John Martineau , of Stamford-hill . On the 19th of September I was near his gate, and saw the prisoner come out with a child in her arms, and the bolster; I gave an alarm, Beavis ran after her, and brought her back with the bolster - I kept her some time, and then let her go; a Policeman afterwards brought her back.
Prisoner. I told him I had bought it. Witness. She did when she came back to the gate, but not when I first took her - I took the bolster from her, and gave it to Hoult.
JANE HOULT . I am servant to the prosecutor; I received the bolster from Beavis - it was my master's; I had placed it outside the door in the yard, but within the gate, at six o'clock in the morning: I saw it safe about half-past one, and it was brought back about two.
Prisoner's Defence. I met with a woman who gave me some porter, and told me if I would meet her in half an hour, she would give me something to sell - I went to her and bought this bolster of her; I had my child in my arms, and it slipped - I put my foot up against the gentleman's gate to keep the child up, and the man came and asked where I got the bolster - I said I had bought it of a woman who might be his wife.
GUILTY . Aged 37. - Confined One Month .
WILLIAM BALDWIN . I am a hawker, and live in Paradise-row, King's-cross. On Monday week I was on Finchley-common , and saw a waggon in a lane leading to Colney-hatch - I saw the prisoner with three other lads; the tallest of them went to the waggon, took something, and went towards a ditch with it - the prisoner was thirty or forty yards from the waggon at the time; I did not see him do any thing.
NOT GUILTY .
CHARLES PHILLIPS . I am a surgeon , and live in Beaufort-row, Chelsea. On the 25th of September I was in Holborn , about twelve o'clock; I perceived the prisoner's hand in my pocket - I turned, and seized him by the left arm, in the act of taking my handkerchief out of my pocket.
GUILTY . Aged 11. - Transported for Seven Years .
GEORGE SERJEANT . I am a boatman on the Paddington canal . On a Sunday, about a month ago, I was in Williams'-mews, Margaret-street, St. Pancras ; I gave Mrs. Buy a sovereign, to take 1s. 6d. for the stand of a horse - she said she had not change; the prisoner, who stood just behind her, said,"Mistress, I can get change at the tap;" he took the sovereign from her, and did not return.
ESTHER BOY . I am the wife of Charles Buy ; we live in Williams'-mews - my husband is a chimney-sweeper. On the 9th of September the prosecutor gave me a sovereign, to take 1s. 6d. - I gave it to the prisoner, who was
THOMAS ROSE . (Police-constable S 125.) The prisoner was given to me; I asked him how he came to absent himself with the sovereign - he gave me no other reason but that he was silly; he said he bought a coat for 1s. 6d., and a shirt for 1s., and spent some of the money in getting tipsy, and he had been robbed of the rest.
GUILTY . Aged 30. - Confined Six Months .
JOHN SAMUEL CLEMENTS . I am an engineer , and live in Henry-street, Hampstead-road ; the prisoner and Murphy lodged in the same room, and the prisoner slept in the same bed. On the Sunday night, when I went to bed, I hung my watch up; the prisoner and Murphy were then in bed - I awoke in the morning, about five o'clock; my watch was then safe, and the prisoner was there - about seven I missed the prisoner and my watch; Murphy was still there - I have not found my watch.
JOHN MURPHY . I am a tailor. I got up about six o'clock that morning, and sat down to work - the prisoner was awake, but the prosecutor was asleep; the prisoner got up, dressed, and went out, without washing - my back was towards him; he wished me a good morning - he left nothing in the room; he had nothing but what he wore - he had only slept there four nights; he was taken in a skittle-ground the same evening - I had not touched the watch, and not one came into the room; I did not go out till I went to breakfast, at half-past eight.
Prisoner's Defence. I never saw it - I got up at six o'clock, and went to Titchfield-street.
NOT GUILTY .
ANTHONY JOHNSON . I am a shoemaker , and live in Exeter-street, St. Pancras . On Thursday, the 12th of September, the prisoner came into my shop, and I desired him to remain till I came back - I was gone about a quarter of an hour; he remained in my shop a quarter of an hour after I got back - when he was gone I missed a pair of boot-legs, which I found at Martin's; he had been in my shop several times.
THOMAS MANTEN . I am a shoemaker, and live in Colville-court, Charlotte-street, Fitzroy-square. The prisoner came to my shop on the 9th of September, to the best of my recollection; he pulled out these boot-legs, and asked if I would purchase them - I told him No, but he pleaded poverty, and prevailed on me to buy them - I gave him 6d., and something to eat; they were not worth more than 1s. to me; I had known him before, and I think I had once bought a pocket-book of him.
GUILTY . Aged 20. - Transported for Seven Years .
ANN EVERARD . I am the wife of Richard Everard - we keep a butcher's shop in Waterloo-terrace, Commercial-road .' On the morning of the 27th of September the prisoner came in with another lad - the other asked if I had any beef-steaks which would come cheap; I told him, Yes, and I went to the yard to get the meat - while I was gone the prisoner went into my parlour; I saw him coming from the parlour door as I returned - I asked what he had been doing there; he said, Nothing - I asked what he went there for, and he said to pick up a halfpenny; the other boy then asked for half a pound of steak, which I cut, and told him it came to 31/2d. - he looked at his money, and asked if I could let him have a bit more fat for another penny; I went near the parlour door, to cut it, and missed the watch from the parlour mantel-piece - I had seen it safe when I went into the yard; I went up to the boy s, and said, "One of you has got my watch;" the other said, "I have not;" the prisoner then tried to pass me - I seized him, and said, "You have got it;" he said he had not - we struggled, and got into the street; he got from me - he was brought back soon afterwards, with the watch.
RICHARD RODDENBURY . I am a porter, and live in Waterloo-terrace. I heard a noise in the street, and saw the prisoner running - I took him; he had this watch, and dropped it on the pavement - I took him to the prosecutrix's, and gave her the watch, which she gave to the officer.
GUILTY . Aged 17. - Transported for Seven Years .
ISABELLA CRISP . I am the wife of William Crisp , a coachman , who lives at Mr. Nicholas's, York-street, Westminster . On the 24th of September I left my room locked up, and took the key with me - I returned at seven o'clock in the evening, and next morning I missed my husband's coat.
HORACE PECKOVER . I am a pawnbroker. I know the prisoner, by her pawning at our shop - on the 24th of September I took in this coat from her, about four or five o'clock.(Property produced and sworn to.)
GEORGE EATON ROTHE (Police-constable B 56.) I produce a certificate of the conviction of the prisoner, from the Sessions-house at Westminster - I received it from the clerk there; she was two months in the House of Correction - I was at her trial, and know she is the person.
GUILTY . Aged 24. - Transported for Fourteen Years .
JOHN JACOBS was indicted for stealing, on the 18th of September , 3 waistcoats, value 6s.; 2 pairs of gaiters, value 5s.; 1 cap, value 2s.; 5 pairs of trousers, value 18s., and 2 coats, value 1l. , the goods of John Cox .
JOHN COX . I live in Penton-street, Pentonville . I had a wardrobe of old clothes to sell, and on the 18th of September I directed my servant to apply to some one to buy! them - the prisoner was brought in for that purpose; I showed him the clothes; I think I asked 8l. for them; and, after a great deal of bantering, he agreed to give 5l. for them - he wished to divide them into lots, but I would not allow it, as I wished to sell them altogether; he offered me a 10l. note, but I suspected it was not a good one, from a man of his appearance; I refused it, and said I would have five sovereigns; he said he would go to the public-house, and get change - he gave me five halfcrowns to bind the bargain; I then went into my dressing-room, and, on hearing a bustle, I looked out of the window, and saw him running, but I was in deep negligee, and could not follow him - I dressed as fast as I could, and found that the greater part of the cloth clothes were missing - I had seen him carrying a bundle as he passed the window - I gave information at the Policestation, and went with the officer to Cutler-street, where I saw the prisoner exhibiting the clothes for sale; we took them and him to the Magistrate; he was remanded; and when I entered the office a man put a 5l. note into my hand, and I promised I would do what I could, as it was not my wish to prosecute - I told the Magistrate I had received the 5l.
Cross-examined by MR. PHILLIPS. Q. Then you had the clothes and money too? A. I had part of them, but not the part which the prisoner took away; I have been acting as a mercantile agent for several houses on the continent - I told the Magistrate I had received the 5l. note, and he desired me to keep it - I did not see the prisoner's 10l. note, I only chose to have five sovereigns - I do not remember whether I told the Magistrate that I saw the prisoner running away.
DANIEL MEALY (City Police Constable, No. 36). I live in Little Britain. I went with the prosecutor to Cutler-street, and, after looking about for some time, we found the prisoner in a gateway, spreading out these clothes, in the presence of two or three other persons - I took the property stated, which I here produce; the prosecutor taxed him with taking them; he said "Well, I intend to pay the gentleman for them."
MR. COX. These are my property, and are a part of what I showed him.
COURT. Q. Who proposed leaving the five half-crowns? A. The prisoner did; he said he would change the 10l. note at the public-house, and bring the rest of the money.
Prisoner. I went to the house, and he agreed to let me have the lot for 5l. - I selected the best of them, and offered 4l. 10s. for them; he said I had better buy the old ones, and I agreed to have the rest for 10s.; I then gave him 12s. 6d., and took some of the things, but no part of what I had agreed to give the 4l. 10s. for - these things are not worth the money I left.
MR. COX. He did separate some things, and made me an offer, which I would not listen to; he took the best of the things away.
GUILTY . Aged 27. - Transported for Seven Years .
2285. JOHN FISHER was indicted for stealing, on the 4th of October , 2 live tame fowls, price 4s. 6d.; 2 bushels of potatoes, value 4s.; 1 sach, value 1s. 6d., and 1 bag, value 2s. 6d. , the property of William Talbot ; and JAMES FISHER was indicted for feloniously receiving 1 bag, value 2s. 6d., and 2 live tame fowls, price 4s. 6d., part of the said goods, well knowing them to have been stolen .
MR. DONNE conducted the prosecution.
WILLIAM TALBOT . I am a farmer , and I live at Tottenham-hale ; John Fisher was in my employ as a carter , and went regularly every morning to Spitalfields-market, to take potatoes to John Day . On the 3rd of October, in the evening, I directed him to take some the next morning, and gave him strict orders not to take a bag of corn, or any thing else, but 20lbs of hay, which I tied up for him - James Fisher had, some time before, been in my employ, but was not so then; I gave Cousins orders to watch John Fisher - I missed my fowls from a shed in the yard, where they roost; and this is a new corn-sack, which he had no business with.
THOMAS COUSINS . I am in the prosecutor's employ. On the 4th of October I watched John Fisher; about four o'clock in the morning I saw him drive the cart out of the gate - James Fisher followed him, and shut the gate to- James had no business there, as my master had warned him away - I followed them and the cart up to the Seven Sisters, which is about a quarter of a mile from my master's premises; I there saw John in the cart, taking potatoes out of one of the sacks, and putting them into an empty sack; he continued to do so until they got to Stamford-hill - James was driving the cart; John then got out of the cart - I returned home, and told my master what I had seen; he told me to watch the cart coming home, and I met it at the Seven Sisters - John was then on the horse, and James in the cart; as soon as they saw me they got down - I kept by the side of the cart till they came to the High-cross - John then gave out a nose-bag to his brother James, and told him to take it home - I went round the cart, and took it from him; I found in is two fowls, which I knew to be my master's - this bag of potatoes was on the cart - John Fisher wanted to take them out, and to send them home; he said he had bought them, and the fowls too - I would not allow any thing to be taken out till I got to my master's.
Cross-examined by MR. HEATON. Q. James Fisher did not get out of the way at all? A. No; they did not say where they had bought the things - James did not speak; he lives at Tottenham, and I live there; I do not know that James had been in the yard - I saw him shutting the gate; John might have been there an hour - master keeps a great many fowls; one of these I know right well, because I set the hen, brought it up, and fed it every day - I had seen it the day before - the gate was left loose, for John to get in; John had been to London and delivered his potatoes; he told me he bought the fowls in London.
JAMES GRIFFITH . I am an officer. I took John Fisher; he said it was all right, for the property was his, and he bought it in Shoreditch of a man on the pavement - I took the fowls out of the nose-bag, and these potatoes; he said he bought them of a man he had seen before, but did not know his name - he told me that James was a
WILLIAM TALBOT . This nose-bag is mine, and one which I particularly charged him never to take again - I can swear to one fowl; the other I cannot swear to, though I believe it to be mine - my premises are about four miles and a half from Shoreditch church - this corn sack is mine, and was empty in the stable the night before.
James Fisher . I remember the time when Cousins found the potatoes and fowls in my brother's possession; I had been with him to London that morning, as far as Shoreditch church - I did not go to the market with him- I saw him buy these fowls of a higgler, in Shoreditch, at 1s. a piece; the man said he was going to Leadenhall-market - he bought the potatoes for 18d.
COURT. Q. How far does your brother live from Mr. Talbot's? A. About half a mile; you go across two fields from his house to Mr. Talbot's - the place where I received the fowls was the nearest place to turn off to go to my brother's; the higgler was a dark man, and he had a cart - he bought the potatoes of another man.
MR. DONNE. Q. Where did he buy the potatoes? A. Just by Shoreditch church; I did not notice that man - I have always given the same account of the transaction; I swear I never said that they were bought at the corner of White Lion-street - I was not at the prosecutor's that morning; I only shut the gate, but I was not in the yard - I was waiting for my brother.
NOT GUILTY .
2286. SARAH KING was indicted for stealing, on the 7th of September , 2 sovereigns, 2 half-crowns, 1 sixpence; 2 shifts, value 5s. 6d., 1 bed-gown, value 2s.; 1 apron, value 1s.; 1 handkerchief, value 2s. 6d.; 1 shirt, value 1s., and a top of a smelling-bottle, value 6d., the property of Sampson Swendell , her master .
SAMPSON SWENDELL. I live in Dudd's-court, Drury-lane , and am a cabinet-maker . I engaged the prisoner, on the 8th of August, to attend my wife in her confinement - she died, and the prisoner left me in about a month; it was the week after my wife died; I missed two sovereigns, two half-crowns, and one sixpence, out of a bag - I had seen it safe the week before I missed them, and while she was there - I did not then miss any thing else, but afterwards I missed the shifts, gown, and other things -I then applied to the prisoner again on the subject of these things, and gave her into custody; she lodged in Upper Garden-street, Vauxhall-road - I found many things, the marks of which had been picked out; I found the top of the smelling-bottle, and the duplicates of some property, which I found at the pawnbroker's, and a black apron, which was my wife's - I saw more of my property, but as the initials were gone, I would not swear to it.
Prisoner. The top of the smelling-bottle I picked up, and forgot to give it to him, and the apron he gave me the morning I left.
MR. SWENDELL. No, I did not; I gave her a black stuff gown and a green shawl, which my wife departed in; it was stained with leeches, but she said she could wash it, and wear it.
EDWARD HORNE . I am shopman to Mr. Page, a pawnbroker. I have these shiftes, and the other articles, which were pawned by the prisoner, for 4s., in the name of Ann King , No. 20, Gardner-street; this is the counter-duplicate.
JAMES HUTTON (Police-constable B 139). I went with the prosecutor to the prisoner's lodgings - I found this black apron, this top of the smelling-bottle on her person, and a duplicate of these things.
Prisoner. Q. Did I not tell him when he found the apron that he gave it to me? A. Yes.
MR. SWENDELL. These are new ones; they are marked with my wife's maiden name, Ann Rodgers - what she wore were old ones; the prisoner washed them, and gave them to me.
Prisoner's Defence. His wife asked me to lay her out four days before she died - I said I would, and she said,"What linen I have on, you can take it for laying me out;" I thought they were my own, and pawned them in my own name; these are the things that his own mother and I pulled off when she died.
GUILTY . Aged 59. - Confined One Month .
THOMAS STOTHARD . I am servant to Mr. Newdigate. On the 7th of October the prisoner came to his door, begging; I said the family were gone to church, and there was not any body at home to give him any thing - I went to the stable, and was gone about ten minutes; as I returned, Little had a pair of shoes - one was in his pocket, and the other he was putting in; one was mine, and the other one of my fellow-servant's - Smith stood by the side of him, and could see what he was doing.
JAMES DARVELL . I am a headborough. I went with Birch to take the prisoners - Smith said he was sure one was as bad as the other, for he took one shoe and Little took the other, and when he saw the servant coming, he gave the shoe to Little to hide, for he had no where to hide it; and Little said that was the fact.
Property produced and sworn to.
Smith. I did not handle the shoes.
SMITH - GUILTY. Aged 28.
LITTLE - GUILTY. Aged 31.
Recommended to Mercy . - Confined Fourteen Days .
ALFRED HARRIS (Police-constable N 100). On the afternoon of the 16th of September I stopped the prisoner in Tyndal-place, with a fowl in his apron, which he said he had brought from the Commercial-road, to sell to a man at a public-house, but he did not know the sign - as I was taking him to the station, he put his hand into his coat pocket, and raised it so as to spill a quantity of barley; the prosecutor was allowed the care of the fowl, and it has been stolen again.
The prisoner pleaded poverty.
GUILTY . Aged 28. - Fined 1s. and Discharged.
THOMAS MUMFORD was indicted for stealing, on the 10th of May , 4 gross of awl-blades, value 1l. 2s. , the goods of Daniel Dennis .
DANIEL DENNIS . I live in Little Pulteney-street , and am a leather-cutter . In May the prisoner came to my shop, with another man, to buy some nails - my boy served them; I afterwards heard I was robbed, and examined - I missed these awl-blades from a shelf in the shop window; I sent a person down Ham-yard to buy them, with a view of securing the property - I knew the papers they were in; the prisoner had been frequently to my shop.
WILLIAM HAWKINS . I went down to Ham-yard, and saw the prisoner and Hampson sitting by the side of a sawpit; the prisoner was sewing his shoe, and the other was hammering a stone; but first of all I had a paper of awlblades sent from the prisoner, and I bought them; he asked if I wanted to buy these - I said they were of no use to me; he said he had got them to sell cheap, at 2d. a dozen; I said I did not want them - but I bought the whole lot for 8d., and I took them to Dennis.
Cross-examined. Q. Who sent you to purchase these things? A. Mr. Dennis, in whose service I then was; I bought a hammer of the other man - I met the prisoner afterwards in Oxford-street; I told him he was wanted, and he had better get out of the way - I could not take him myself; I should be afraid to tackle him, for he had threatened me, and I was obliged to be as civil to him as I could; I cannot recollect when I saw him last - I will not swear it was not on the 30th of September; I stopped and drank with him - it was more out of good-nature than any thing else.
COURT. Q. Did you, after that, tell the officer where he was? A. Yes; I told the officer every thing.
THOMAS HOBBS (Police-constable C 85). I took the prisoner in King-street, Soho - I think it was on the 1st of October, between six and seven o'clock; I knew he was wanted, but I was not the officer employed to take him - I went to the prisoner, and asked if his name was Thomas Mumford ; he said No - I said, "Are you sure it is not?" he said Yes - I said I would take him on suspicion; I took him to the station, and left him there - I went out for a little while, and then I came back, and said, "Your name is Mumford;" then he told our inspector that his name was Mumford - I took him to the office; he said, "I did not steal them - I know I sold them, but I had none of the money."
DANIEL DENNIS re-examined. Q. How many did you lose? A. I cannot tell - I recovered about seventyfive; I think, in two or three hours after I lost them -I was told I had been robbed - Hampson and the prisoner were both in my shop - Hampson has been transported.
WILLIAM HAWKINS . The prisoner sent a paper of awl-blades to my father's, where I was sitting at work, and we did not buy any; my father went and told Mr. Dennis, and then I went and bought them of him.
Prisoner's Defence. I was sitting in Ham-yard; there was a quantity of awls to be sold, and Hampson asked me to hand them over to Hawkins, and he paid Hampson 1s.
GUILTY . Aged 21. - Transported for Seven Years .
NATHANIEL BLOND . I live in Northumberland-street, New-road. I was in Wardour-street on the 1st of October; a person called my attention to my handkerchief, and I missed it from my pocket - it was safe a quarter of an hour before, when I came from home - it was found.
GEORGE WHITEHEAD . In the forenoon of the 1st of October, I was standing at my shop-door in Wardour-street; I saw the prisoner with another boy about his size - they were walking close behind the prosecutor; I saw one of them make a motion to his pocket; the prisoner then took his handkerchief out, and walked down Edward-street - I went and told the prosecutor; just before I got to the prosecutor, I saw the prisoner shift the handkerchief to the other boy; they then went towards Kemp's-court - I secured the prisoner in Kemp's-court; I had only lost sight of him while I spoke to the prosecutor - I followed them, and saw them together again.
Prisoner's Defence. I was going along the court; I saw Mr. Blond and Whitehead - they took me, but found nothing on me; another boy said "There he goes!" and the man ran after another lad - they then brought the handkerchief; I was indicted here before, and you gave me ten days and a flogging; when I went to my father, there was no home for me, and I was doing something to try to get into the refuge, as my father told me to go on the same rig again.
GUILTY .* Aged 17. - Transported for Seven Years .
2291. ANN MILLER was indicted for stealing, on the 8th of September , 1 pencil-case, value 2s.; 2 table-cloths, value 5s.; 2 towels, value 1s.; 2 cloaks, value 10s.; 1 spoon, value 4s., and 2 pinafores, value 18d., the goods of Mary Ann Savage ; 1 coffee-pot, value 10s.; 4 pieces of carpet, value 20s.; 1 shawl, value 5s.; 1 bolster-case, value 2s.; 2 sets of bedfurniture, value 2l.; 1 pillow, value 2s.; 1 tea-caddy, value 15s.; 2 candlesticks, value 5s.; 4 curtains, value 3l., and 2 blankets, value 3s., the goods of Mary Ross ; and MARGARET CONNELL was indicted for feloniously receiving the same, well knowing them to have been stolen ; against the Statute, &c.
MR. PARKER conducted the prosecution.
MARY ROSS . I am a widow , and live in Judd-street, Brunswick-square - Miller resided in my house, she had been in my daughter's employ for a short time, looking after two children - I was then without a servant , and she came to my house till I could get one; Mrs. Howard, who lived in my first floor, then wanted a nurse, and engaged Miller; I got a servant in a week, and then she went to Mrs. Howard - she was there not quite six weeks, and all that time I kept missing property, and so did Mrs. Howard; Miller was in the house altogether seven weeks and a day or two; Connell frequently came there to see Miller - she is
MARY ANN SAVAGE . I live with my mother Mrs. Ross, in Judd-street - I am a widow; Miller came into my mother's employ, and then she went into Mr. Howard's; I was continually missing things - I lost a pencil-case, table-cloths, towels, carpets, and other things of my mother's and mine.
Miller. All the property that I know of is three small mantles, which her son gave me to pawn to make him up some money, and he gave me these duplicates. Witness. My son left to go to Ireland on the 12th of August, and I saw the greater part of these things safe after that time - he is my step-son, and I have no reason to suppose there was the least intimacy between him and Miller; she told the Policeman she could not be hurt, unless William Savage was brought from Dublin.
THOMAS MITCHELL (Police-constable E 157.) I took Miller at the prosecutrix's; she was searched by a woman- there was one duplicate found on her, but it did not apply to any of these things; she said there, and afterwards, at the station, that she would pawn every thing she had in the world to get the things again, but she did not specify any thing in particular.
WILLIAM WATSON . I am a pawnbroker. I have a brush, which I took in of Connell, and some bed-furniture, which I took in, but I cannot say of whom - I have a number of other things taken in by different persons at our house, but they are not here.
- FLEMING. I am a pawnbroker. I have a shawl, a coffee-pot, and some other things - I believe part of them were pawned by Connell.
THOMAS MITCHELL . I took Miller on the 17th of September, and she said she would pawn every thing she had, to take the things out, if the prosecutrix would forgive her; she said at the station-house that she lived at No. 6, Lucas-place, Cromer-street - I went there; there was no one in the house - I went in at a back door, and found these two sheets, a pillow-case, some lining of curtains, and other things; it is a house with only two rooms - Miller and her sister and brother lived there.(Property produced and sworn to.)
CHARLES CONNELL . I am the brother of the two prisoners - Connell had the house in Lucas-place, and I gave her 15s. a week to do for me; I do not know who brought these things to the house, as I was at work all day - Miller came to live there about three days before she was taken; I did not know that these sheets were on the bed - I did not look at them; Miller, I think, was in custody when they were found - I think I had been there about three months; I may have seen William Savage , but I am not aware of it - I never saw Miller give Connell any property; but Miller was in the house the night before this property was found.
WILLIAM WESLEY (Police-constable E 154). I went to Lucas-place, and found some duplicates there, which I here produce; I took Connell the same evening - I asked her if she knew what trouble her sister was in; she said No: I said she was in custody - Connell said she had pawned several articles which she knew were not her sister's property, but she did not specify any, and she said whatever her sister suffered, she hoped she should suffer the same; I found a quantity of this property by means of the duplicates which I found there - I got these curtains, but the pawnbroker is not here.
Miller. With respect to these curtains, I never said any such thing as she states - there is a witness here who knows that she said she would handle me well, if she could get hold of me; while I was at Mr. Howard's one of the servants told me that this lady was very spiteful against me; and I think she can say that they were not taken by me.
ELIZABETH MIDDLETON . I never said such a thing -I do not know whether these curtains were removed from the box before she came or after, but I believe they were not till after she came to the house; I recollect Mr. Savage being there, but there was no intimacy between him and Miller, that I know of - he came one morning, and I asked him if he would have a cup of tea; Mr. Savage left on the 12th of August, and I saw the curtains after that.
Connell. She came to our house, and said she did not wonder at his going away, for they pretty well starved him - she spoke against her mistress, and said she believed us innocent. Witness. No, I did not; I said I would speak nothing but the truth.
Miller. She has come down and told me to be particularly careful, and when she said these curtains were missing, I said, "Does she suspect me?" and she said, "I believe she does;" I was to have been acquitted the first night, and Mrs. Savage was going to get a warrant for her son, but the Magistrate would not grant it - I went to my brother's because I could have a lodging without paying for it - I could take my oath that the sheets are mine; I bought them two years ago; they are marked with cotton, and all this lady's things are marked with ink.
MRS. ROSS. My things are marked with cotton, but not Mrs. Savage's.
Miller. My brother knows the sheets were my mother's- I would ask Mrs. Ross when and where I said that I stole the blue merino curtains from the chest.
MRS. ROSS. In my little back parlour, before Mrs. Savage; I laid a stress upon them - I said, "Where are
MRS. SAVAGE. I was present, and heard the conversation.(Property produced and sworn to.)
HENRY JAMES CONWAY . I am a solicitor, and live in West-street, Walworth. I am on the Rolls, but have not taken out my certificate for the last two years. I have no doubt but that these candlesticks are mine, also this bedfurniture, and this caddy; they were stolen from me about this time twelve months, when I was under the necessity of indicting a person here.
MRS. ROSS. I have had the candlesticks nine or ten years - I bought them in Cromer-street; I bought the teachest of a lodger, who was with me eight or nine years ago - one of the handles of it is loose - I have had this furniture for years, it was taken down for the summer, and we had made a part of it with another pattern, which I have here.
MRS. SAVAGE re-examined. Q. Have you at any time taken any steps against your son-in-law? A. He took away a gold watch, a chain, and two seals; I spoke to Mr. Laing, to know if there were any means to get them back, and he said No.
MILLER - GUILTY of stealing the curtain and carpet
only. Aged 22.
CONNELL - GUILTY of receiving the carpet only .
Transported for Seven Years .
JOHN SHUKER . I am a tailor , and lived in George-street, Battle-bridge . About four months ago the prisoner lodged in the same house; he went out, and never returned - I found the hinges of my box broken; a silk handkerchief and the articles stated were gone, some out of the box, and some out of the landlord's closet in the same room - I have since seen some of the articles.
JOHN ASHLIN (Police-constable E 76). I took the prisoner on the 11th of September - I asked if he knew any thing of committing the robbery; he said he did not, but in a few minutes he said he had taken the things, and told me where to find them.
GUILTY . Aged 17. - Confined Three Months .
Second London Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 33. - Transported for Seven Years .
GUILTY . Aged 47. - Confined Six Months .
JAMES COOK . I live with Mr. Jacob Russell , a pawnbroker , in Fore-street . On the 28th of September, about one o'clock, this coat was hanging on the door-post; I was serving in the shop, and heard a noise - I went to the door, and saw two persons walking up the street, with the coat; I went after them - they parted; I took the prisoner a little way up Coleman-street, with the coat under his arm; the other was taken, but discharged.
GUILTY . Aged 18. - Confined One Month .
THOMAS THORNTHWAITE GELLATLY . I am a slater -I bought these slates, and sent them to cover some new buildings, near London-bridge ; all the slates there were mine - they were within the hoard of the buildings near the bridge.
WILLIAM FLANNAGAN . I work for the prosecutor at the new buildings, near London-bridge. On the 29th of September I counted these slates overnight, and the next morning, at seven o'clock, I counted them again, and missed some - I do not know either of the prisoners, nor did I see them near the spot.
WILLIAM POWELL . On the 29th of September, at halfpast six o'clock, these two prisoners came to the building, and took up a quantity of slates; I did not count them - I work there for Mr. Piper; the lad walked first, and then the man came and took the slates - I called to them, and said, "What are you going to do with those?" he said,"It is all right," and I let them go away.
W. ADAMS - GUILTY . Aged 53.
Transported for Seven Years .
H. ADAMS - NOT GUILTY .
MR. CLEMENT CHAWNER . I am an attorney . I was in St. Paul's church-yard , about seven o'clock in the evening of the 5th of October; I felt my handkerchief taken from my pocket; I turned, and saw the prisoner go from close to my back into the horse road - I pursued him, and accused him of taking my handkerchief - he denied it; I said I should insist upon searching him; I put my hand
Prisoner's Defence. I was not near him; when he missed it I was standing looking at a man playing an organ; I had seen two men throw it down, and I picked it up - I did not know it was his.
GUILTY . Aged 19. - Confined Six Months .
WILLIAM BRYSON . I am clerk to Mr. Frederick Rogers , and his partner; they are silk-mercer s. The prisoner was superintendent of the porters ; he sent them out, took the money they brought to him, and was to bring it to me every evening.
THOMAS JONES . I am porter to Messrs. Rogers and Co., on Ludgate-street. On the 24th of September I received 1l. for a parcel, which I carried out; I paid it to the prisoner when I got home, about half-past seven o'clock.
MR. BRYSON. I never received from the prisoner either of these sums; I questioned him about them on the evening of the 26th; he at first said the goods had been left without the money, and subsequently said that he had lost the money out of his pocket - he ought to have paid it to me the night he received it.
The prisoner received a good character.
GUILTY. Aged 21.
Recommended to Mercy . - Confined Three Months .
2299. JOHN DAVIS and THOMAS STEPTO were indicted for stealing, on the 22nd of September , 1 copper, value 14s. , the goods of the Wardens and Commonalty of the mystery of Dyers of the City of London .
MR. ADOLPHUS conducted the prosecution.
STEPTO pleaded GUILTY . Aged 26.
Confined Six Months .
GEORGE SIMMONDS . I am a goldsmith and jeweller, and live on Holborn-hill. On the 22nd of September my attention was called to Dyer's-buildings; I saw the prisoners coming down the buildings; Stepto was carrying this copper, and a chain; Davis was carrying a basket of carpenter's tools; I asked where they were going to take the copper; they both said to Ludgate-hill - I said that could not be, as it was not their property; they said if I had any doubt they would go back to the person who gave it them - Stepto put the copper down, and was going away, but I told him to take it back to where he brought it from; he took it to No. 5, Dyer's-buildings, and put it down in the parlour; Davis went in with him -I sent my brother for an officer; he could not find one - I went for an officer, and got one; we then went to the house, and tried to get in with a key, but we found the door was bolted, or locked, inside; we went to No. 6, and tried to unlock that, but it was fastened inside; the officer then tried to get in with a crow-bar, but could not -I then got through No. 4, over the roof, to No. 5 - I went down there, and let the officers in; they searched that house, but found no one - we then went to No. 6, and on going down stairs we found a white apron; we went into one of the yards, and found a basket of tools, which I believe is what Davis had in his hand - an officer then went on the top of the houses, and found Stepto between two walls; he was got out, and the officer took him; in the mean time a servant came, and gave us some information - we went to a house in Castle-street, which is at the back of the houses, in Dyer's-buildings; we could not find Davis, but he was afterwards taken.
JAMES THOMPSON (Police-constable H 178.) I was passing Holborn, and saw a crowd in Dyer's-buildings - Simmonds said I was wanted; I went to No. 5, but the doors were bolted - we got in at No. 4, and found Stepto, as has been stated, but could not find Davis.
EDWARD RENTMORE . I am a watchman. I saw Davis at the Compter the next morning; I asked him if the basket of tools belonged to him - he said they did; I said,"Stepto means to throw it all on your shoulders, for he says you hired him to carry the things" - he said, "That is false, for we both agreed upon the robbery," and asked me what story I would advise him to make.
RICHARD BAYLIS (Police-constable G 67.) I took Davis in Red Lion-square the same evening, about seven o'clock - I took him to the watch-house, and then to the Compter; I told him I wanted him; he said, "I know you do, but I hope you will let me speak to my wife, as I know I shall be transported;" I said, "Transported for what?" he said, "For that affair in Dyer's-buildings."(Property produced and sworn to.)
Davis' Defence. I never was near the place at all that morning - I have a wife and family, and was the support of an aged mother.
DAVIS - GUILTY . Aged 24.
Transported for Seven Years .
2300. PETER CAMPBELL was indicted for feloniously uttering, disposing of, and putting off a forged request for the delivery of one goose and one hare, on the 31st of October , he well knowing it to be forged, with intent to defraud Thomas Pigott ; against the Statute, &c.
THOMAS HUMPHREYS . I live at the Saracen's Head, Snow-hill, and help the man to take care of the horses. On the 13th of October I was standing outside; the prisoner came, and asked if I had any thing to do - I said No, I had just done my work; he told me to go with him - he took me to Newgate-market ; pointed to Mr. Pigott's shop, and gave me this note to take in there, and said if Mr. Pigott asked me any thing, I was to say something about St. John's-street, but I did not rightly understand what - I went in, and gave the order to Mr. Pigott; he gave me a hare, and a goose - I met the prisoner at the bottom of Rose-street; he told me to go on to Hosier-lane - as I was going along, a young man asked where I was going; I told him where - he told me to go down Hosier-lane; the young man still followed on - the prisoner saw the young man, and he told me to wait there,
THOMAS PIGOTT . I am a salesman . On the 13th of October, about nine o'clock at night, the witness brought this order, and I delivered him this hare and goose - I suspected it was not right, and my young man followed him - (read).
Have the goodness to let the bearer have the best goose you have got, and a hare, which I will settle with you for -
13th of October. T. WINSKILL.
To Mr. Pigott, Newgate-market.
GUILTY. Aged 38.
Recommended to Mercy by the Jury .
Fned 1s. and Discharged.
SAMUEL FITCH . I am a farmer , and have been living in Essex. I was in Smithfield on the 10th of September, between seven and eight o'clock in the evening; I felt some one at my pocket - I turned, and saw the prisoner with my handkerchief in his hand; I seized him, and took it from him - the officer took him; this is it.
GUILTY . Aged 27. - Confined Six Months .
2302. DANIEL TOWNSEND was indicted for stealing, on the 13th of September , 1 hat, value 1s. 6d.; 1 cap, value 1s.; 1 looking-glass and frame, value 6d., and 4 prints framed and glazed, value 5s. , the goods of James Dwyer .
SUSANNAH DWYER . I am the wife of James Dwyer , we live in Three Tun-court, Redcross-street . My son brought the prisoner home one Monday night, and he staid till the Thursday - I missed these articles when he was gone.
JOSEPH HORTON . I am a constable of Cripplegate. I was sent for a few days afterwards to take the prisoner; after being examined, he owned that he took the things, and told me where he had sold them - I took the prosecutor there, and we found part of the property hanging outside for sale.
GUILTY . Aged 18. - Transported for Seven Years .
ROBERT ALEXANDER ROONEY . I am a brush-manufacturer . On the 1st of October I was removing to Bishopsgate-street, without; I was taking in a quantity of satin-wood and rose-wood - the officer brought this log of satin-wood to me, which I know to be mine.
HENRY SHARP . I am one of the City Police. On the 1st of October I was going along Bishopsgate-street , and saw a van of satin-wood unloading at the prosecutor's door; I stood some time watching, and saw the prisoner going along with a cart - I went and found this log of satin-wood in his cart, concealed under the tarpauling.
GEORGE STONELY . I am one of the City Police. I saw the van unloading; I watched, and saw the prisoner with this log on his shoulder, which he threw into his own cart - I did not see him take it from the van; his cart had been on the stand, and as soon as he put in the log, he was going off with it.(Property produced and sworn to.)
GUILTY . Aged 26. - Confined Six Months .
ANN REYNOLDS . I am the wife of William Reynolds , he is a publican . On the 29th of September the prisoner, and two others came to our house, between four and five o'clock; they were in the tap-room - they had one pot of beer, and went away; I then missed a gown, which had hung on a chair in the tap-room.
Cross-examined by MR. PHILLIPS. Q. Do you remember the prisoner? A. Yes, I am certain he was there -I do not know whether he was tipsy.
Cross-examined. Q. Are you sure it was him? A. Yes.(Property produced and sworn to).
Prisoner's Defence. I was intoxicated.
GUILTY. Aged 24.
Recommended to Mercy . - Confined One Month .
OLD COURT. SATURDAY, OCTOBER 20.
First Middlesex Jury, before Mr. Sergeant Arabin.
2305. WILLIAM FRANKLIN was indicted for stealing, on the 11th of August , at St. Marylebone, 1 box, value 1d.; 4 sovereigns, and 7 half-sovereigns, the property of William Newport Hinton , in his dwelling-house .
WILLIAM HINTON . I keep a public-house in York-terrace, St. Marylebone ; the prisoner was footman to Mr. Haywood, who lived on the terrace, and had used my house for about twelve months, On the 11th of August, a little before one o'clock he came, went into the parlour, and had something to drink - he was there till twenty-five minutes past four; he then paid for what he had, and came to the bar - he was leaving the house; he then said he wanted to speak to me - the bar door was open - I asked him to sit down, and he walked in; I asked what he wanted - he said he had something to show me - I had a customer to serve; I then walked in, and he unfolded a painting in an unfinished state, and asked if I thought it was his own likeness; I said I could give no opinion of it, and at that mo
Prisoner. Q. Who came to change a sovereign? A. Mr. Harris, who lives at York-gate; you were coming out of the bar as I came from the door; you did not show me your card to state where you were going to live; I have no recollection of seeing it; after the prisoner was committed, he said, on leaving the office, that if he had a pistol, he would blow my brains out; I never threatened his life; I might have said more than I ought, being exasperated.
WILLIAM PIKE . I am a gentleman's servant out of place - I knew the prisoner when he lived on Yorkterrace; I received information of the robbery, and went to look for him the day it happened, and afterwards in various places, but could not find him. On the 27th of September, I saw him in St. James's-place, and said "Bill! Mr. Hinton wishes to see you;" he said "Mr. Hinton wishes to see me;" I said "Yes, he does particularly;" he said he could not go then, if I would go to Hinton and tell him he would be there at two o'clock; I said Hinton had desired me to take him if I saw him, and if he did not go with me, I would take steps to make him; he said it was impossible, for he had to see Lord Palmerston, and Lady Brougham, and could not disappoint them; I said, I dare say Hinton would satisfy him for his loss of time; I took hold of his arm, and said, if he did not I would give him into custody - he then went with me to Hinton.
Prisoner. Q. Did I make any resistance? A. In the Haymarket, you said you must go to your lodging.
Prisoner's Defence. I am entirely innocent; he knew perfectly well when I left Lord Brougham's, where I was going - he invited me to dinner before I left town - I said I did not think I could come; I called on the Saturday, told him where I was going, and he forced me to stop and dine with him - I produced the miniature; he went to the door, which was only a few yards, and I was not out of his sight; he came back - I met him, and said "Well, Hinton, I have stopped so long, I must go;" he said "Very well, call again if you can before you leave town;" he knew what coaches went to where I was going; I did not go to Grantham till Wednesday; I booked my place on Tuesday, and there was plenty of time for him to inquire at the coach-office; I returned to town, as the lady kept her old servant; I was going to be introduced to Lord Brougham at twelve o'clock for a situation, when the servant out of place came up shabbily dressed, and gathered a mob round me - he said he did not know what Hinton wanted; I said I would be there at two o'clock, but he made me go; I begged him to tell me what Hinton wanted, and in Regent-street, he said he suspected me of taking something from his house - I would not have gone with him if guilty; when I got there, Hinton insulted me - I felt hurt; he said he would fight me, for he could not bring me to justice - I said "You wrong me, take me before a justice," and finding I would not fight, he called in a Policeman; the Magistrate offered to take one person's bail, but having no friend I could not get bail.
GUILTY . Aged 21. - Transported for Life .
2306. WILLIAM RICHARD GLASIER was inwas indicted for feloniously forging a certain deed, purpurporting to be from Gamaliel Butler , of Cornhill, appointing William Richard Glasier , his attorney , to sell, assign, or transfer, 436l. 16s. 4 per cent. Annuities, standing in the joint names of William Richard Glasier and Gamaliel Butler , with intent to defraud the Governor and Company of the Bank of England .
2ND COUNT, for uttering and publishing the same as true.
FIVE OTHER COUNTS, varying the manner of stating the charge.
8TH COUNT, for feloniously demanding to act upon the said false, forged, and counterfeit power of attorney, he well-knowing the same to be forged; against the Statute. To which he pleaded
GUILTY . Aged 52. - Transported for Life .
Mr. Follet, on behalf of the prosecution, delined offering any evidence on the seven first Counts, upon which the prisoner was
Before Mr. Justice Park.
2307. ALEXANDER EDWARD WATKINS HAYES was indicted for feloniously offering and uttering a certain forged and counterfeit Bank note, for payment of 5l., with intent to defraud the Governor and Company of the Bank of England .
3rd COUNT, calling it a promissory note.
MESSRS. FOLLET and GURNEY conducted the prosecution.
HENRY SIMPSON . I am a hosier and glover , and live in New-street, Covent-garden . On the 1st of October, about a quarter to eight o'clock in the evening, the prisoner came into my shop, and asked if I had a green silkEdward Watkins , No. 1, New-street, Cannon-street-road," which I immediately wrote on the note - this is it (looking at it) - instead of giving him change from the till (intending to see if he continued agitated) I called for my cash-box out of the back room, and pretended to be turning the key; I then turned up the note he had given me, and said, "This is a forgery, and you know it;" he said, "For God's sake, don't make any noise; can I speak to you in a private room;" I desired him to walk in, which he did - he then said, "I hope you don't consider I am a passer of forged notes;" I said I did not know what he was, but I must see - I then asked how many more he had got about him; he said, "Why, don't you think I am innocent;" I replied, "Every man is innocent till he is found guilty," and again asked him how many more he had got; he said he had but one - he took out his note-case, and handed it to me; I saw that was also forged - I put no mark on that, but kept it, and marked it a quarter of an hour afterwards at Bow-street, but I had parted with it to Reynolds before that, and it was out of my sight - (looking at one) - I believe this to be the same; it has my writing on it.
Cross-examined by MR. PHILLIPS. Q. Did you go with him to the station? A. I believe I did; I did not hear him say any thing - he might have asked the Policeman to go with him to the house he received the note at, without my hearing it - his tendering the second note was voluntary, but I had said I would send for an officer before he took me into the room; I could have searched his pocket-book if I had chosen - I live about half a mile from Wych-street.
MR. FOLLET. Q. Before he produced the pocketbook, you had asked how many notes he had? A. Yes; I sent my lad for an officer, in his hearing, before he asked to go into the back-room; the lad brought Reynolds, and I left the prisoner in the room with him.
FRANCIS REYNOLDS . I am a Policeman. On the 1st of October Mr. Simpson's boy fetched me - I found the prisoner in the back parlour, and found on him 6s., and some halfpence, and a pocket-book -Mr. Simpson gave me these two forged notes - I marked them, and kept them till the next day, then gave them to the Bank-inspector, Mr. Freeman -Mr. Simpson marked one note in his shop; I did not see the inspector give him the notes at Bow-street; I took the prisoner to the station; we had no conversation before- as I was taking him from the station to Bow-street that night, he told me if I would let him walk a little before me, he might show me the house where the party was who gave him the note - I asked him to tell me the sign; he said he could not tell, but he would point it out- I would not let him walk before me, thinking he meant to run away.
Cross-examined. Q. Did he not tell you the house was in Maiden-lane; A. No; I did not ask him where it was; he said there where two young men in the house, and that was all he stated - I could have got assistance to go with him to point the house out if I had chosen.
MR. SIMPSON. The note No. 2347 is the one he offered in payment of the 6s.; I wrote the address he gave me on it in the shop - Reynolds was at the office once more than me, for the purpose of giving the notes to the inspector, but I marked the other note at Bow-street, within a quarter of an hour.
Cross-examined. Q. Did he ever live there? A. No; I have often seen him in the street, and have known his father five or six years, and in that way I knew him; his father kept a public-house, but is now dead - I used to see him about his father's house; I knew where he lived when his father kept the house - that was four years ago, but not more; he never came to see me or my family; I never heard of his being at my house; Davison lodged at my house - the prisoner might visit him for what I know - I have seen him with Davison in the street: I swear I never saw him in my house - he might have come to see Davison, but not in my presence.
MR. FOLLET. Q. Did the prisoner lodge at your house? A. Never; I did not know him by the name of Watkins - his father's name was Hayes.
WILLIAM FRANCIS MIDDLETON . I live in Grenada-terrace, Commercial-road, and am a watchmaker and goldsmith. To the best of my belief the prisoner is the man who came on Monday, the 27th of August, to my shop; he asked to look at a gold-chain, which I showed him, and asked four guineas for; he said it was rather too much, and asked to look at some seals, and he selected one, for which I asked him 35s.; there was another man with him- they talked it over among themselves; I am quite sure the prisoner is not the other man - he was much stouter; he said he would give me a guinea and a half, which I agreed to take, and he tendered me a 5l. note, as I thought it to be - the prisoner I believe to be the person who tendered it; to the best of my recollection he took it out of his waistcoat-pocket - I took it, and asked his name and address, which he gave; I wrote it on the back of the note, this is it (looking at it); he gave me "Mr. Evans, No. 1, Curser-street" - I asked him where Curser-street was; he said just at the top of the road - I was then satisfied, and took the note, and gave him the seal, with three sovereigns and 8s. 6d. from my pocket - I wrote the address on the note, in his presence.
Cross-examined. Q. Were you at Bow-street? A. Yes, last Monday week; I was not sworn - I refused to swear to the prisoner, but at the same time expressed my confidence that he was the man; but when he tendered me the note he had very bushy whiskers, and he was then without whiskers, which made a very great alteration; that was my only reason for refusing to swear to him - I do not swear to him now; he has no whiskers now, but there is still the same countenance - I discovered the note to be forged about five weeks after.
Cross-examined. Q. How is it you mention the 27th of August so exactly? A. I put it down on a piece of paper, when I was copying some poetry that day, after he left - I wrote the date down carelessly as I was writing; I burnt it among other papers a day or two afterwards.
MR. GURNEY. Q. Did you afterwards hear the note was forged? A. Yes, and my master sent me to look for Curser-street, but I could find no such street.
MR. PHILLIPS. Q. Do you mean, that going to look for the street, and hearing the note was forged, impresses the 27th of August on your mind? A. I heard my master say it was the 27th, and I am positive that was the date - I kept it in my mind.
COURT. Q. Had you any reason for writing down the 27th of August, more than that you recollect that was the day? A. No; I wrote it carelessly on a bit of paper.
JOSHUA FREEMAN . I am an inspector of Bank notes. These three notes are forged in every respect, paper, plate, and signatures - they are both from the same plate, and the signatures appear to be the same hand-writing.
Cross-examined. Q. Is the style like the hand-writing of the clerk? A. It is not a good imitation.
Prisoner's Defence (written.) My Lord and Gentlemen of the Jury, - Possessed of a small independence, and having much leisure time upon my hands, I have been in the habit of frequenting many places of public resort, at one of which, about two months previous to this unfortunate transaction, it was my misfortune to meet with a young man named Lane - from his gentlemanly and prepossessing manner, I felt disposed to encourage the intimacy; indeed, so great was my confidence in him, that but a short time after the commencement of our acquaintance, I, without the least hesitation, acceeded to his request for the loan of 10s., and would willingly have lent him a larger sum. On the morning of the day in question, I met Lane, and accepted his invitation to pass the evening with him - according to my appointment I met Lane, and with him proceeded to a coffee-house in Catherine-street, Strand, where we met two other persons, with whom Lane was acquainted, and of whom I had some slight knowledge; we afterwards went to a tavern in Maiden-lane, when, after some preliminary conversation, Lane alluded to the 10s. owing to me by him; and, jestingly alluding to my taste in articles of dress, he asked me if I would have any objection to execute a little commission for him of that nature; he mentioned a particular description of silk handkerchief of the same pattern as one which I myself had mentioned as possessing, and a similar one he was desirous of having; he, therefore, asked me if I would oblige him by purchasing a handkerchief of the same pattern, and at the same time two black silk handkerchiefs - he took a 5l. note from his pocket, and gave it to me, for the purpose of making the purchase, observing that I could repay myself the 10s. he had borrowed of me. As I was about leaving the room, one of the persons we had met with at the coffee-house, asked me if I would be kind enough to execute a similar commission for him; I answered Yes, willingly, and he took a note-case from his pocket, in which there was a 5l. note, which he gave to me with the case; I then went to Mr. Simpson's shop, in New-street, Covent-garden, and asked for the articles for Lane first, for which I tendered his note, wishing to keep each commission separate - Mr. Simpsons declared the note to be a forgery, and asked whether I had any more in my possession; I instantly produced the other note, and told him where the parties for whom I was acting could instantly be found; he, however, gave me in custody to a Policeman, to whom I repeated where the parties were to be found, and requested him to accompany me to the house where they were, but this he refused to do.
Seven witnesses gave the prisoner a good character.
GUILTY. Aged 30. - Transported for Life .
Strongly recommended to Mercy by the Jury and Prosecutor, on account of his character .
Before Mr. Baron Vaughan.
THOMAS SAUNDERS . I am a linen-draper , and live in Oxford-street . On the 1st of October, about nine o'clock at night, the prisoner came to my shop, and bought a shawl, which came to 1l., and two pairs of stockings for 2s.8d. - she tendered me a 5l. Bank note; I looked at it, and told her I thought it was a forgery - she said, "If it is, my husband can get it changed from the person who got it from the Bank of England;" she said she received it from her husband, and gave me his address, No. 18, Windmill-street, Haymarket - I gave the note to Staff, my shopman; he brought it back in about five minutes, and marked it at the station that evening - I never parted with it till I got to the station, nor mixed it with any other; this is it (looking at it) - when Staff brought it back, I went out to Chapelplace to ask Mr. Braithwaite's opinion, and was satisfied it was forged; I returned, and said I would go with her to her husband; she said there was no occasion, for that it would make things unpleasant; she said she would leave half a crown, and call in an hour, and pay the rest - she put half a crown on the counter, and asked to have the note back, which I refused, and gave her the half-crown; she then left the shop - I called for my hat, and followed her - she returned down Regent-street; I kept her in sight, and met Smith, a Policeman; he accompanied me down Regent-street, where I gave her in charge; we walked to the Quadrant, and then she said she would tell me the truth where and how she got the note; I do not recollect saying any thing to induce her to tell any thing - I might have said she had better tell me; she said she met a very nice old gentleman, who came up to her, caught hold of her shawl, and said, "Have not you a darker shawl, more suitable for the season which is coming?" she said No; and he said, "Well, I will give you one;" that he took out his pocket-book, gave her the note, and said she was not to give more than 1l. or 25s.; I asked where the man was, and if she would know him - she said Yes, he was a stout man, about fifty; I asked where she was to see him; she said, "Under the Quadrant, or if not there, at the first public-house on the right hand side in Windmill-street, Haymarket" - we went to that public-house, and made inquiry; she pointed nobody out there; I saw no such person - she was taken to the station.
MR. FOLLET. Q. Where was she when she said she was to meet the old gentleman under the Quadrant? A. She was then under the Quadrant; she said nothing about the Quadrant in the shop, that I recollect, but I cannot swear it - I certainly did not hear it; she did not say whether she was to have the whole 5l. herself.
ALFRED STAFF . I am shopman to Mr. Saunders. I remember the prisoner coming and tendering the 5l. note, which master desired me to take to Mr. Stanford, a neighbour, to ask his opinion whether it was good - I took it, leaving the prisoner in the shop; I brought the same note back, put it into master's hands, and told him Mr. Stauford's opinion - after that he said, in the prisoner's hearing, that he would go to a neighbour himself with it; she made no reply; after he was gone some time, she asked where he was gone; I said, "To a neighbour;" she said it would injure her very much, and she should be very late home; that her husband was not aware she was going to purchase a shawl, and it might cause some disagreeableness - she asked how long he might be; I said I could not tell, he was only gone a few doors off; in the mean time he came in, told her it was a bad note, and he must keep it - he wanted to walk home with her to her husband; she declined, saying it would make it very disagreeable, and she would leave all the silver she had, which was half a crown, which she laid on the counter; Mr. Saunders would not take it - she wished to have the note back; he said he could not return it; she told me she had seen some very pretty shawls in our window, which took her fancy, and induced her to come in; she declined allowing Mr. Saunders to walk with her, but said she would return with her husband in a quarter of an hour; she left the shop, and master followed her.
Cross-examined. Q. Was the note sent into Mr. Stanford's back parlour to be looked at? A. No; it was never out of my sight - I was gone not above five or ten minutes, and found her waiting there when I returned; I am sure she said the half-crown was all she had - I had left the shop by the private door, to watch her - I followed master and the officer.
ROBERT SMITH . I am a Policeman. On the 1st of October I met Mr. Saunders in Oxford-street, accompanied him down Regent-street, and went up to the prisoner - when we got to the end of the Quadrant, she turned round, and said, "Now, Sir, I will tell you the whole truth;" Mr. Saunders' account of what she said is correct - I had been with him for a quarter of an hour or twenty minutes, and had not heard him say a word to induce her to say any thing.
Cross-examined. Q. Did you search her? A. Yes, and found 12s. on her, in silver - she was about twelve yards before us, till we stopped her; she turned down a court; I followed her, and she was tying her shoe or stocking, or pretending to do so; she then crossed to the other side, still going towards the Quadrant; Saunders first went up to her fifty or eighty yards from the Quadrant; some conversation might have taken place between her and Saunders before I went up - she might have thrown any thing away in the court, as it was dark, but I did not search to see if she had, which I should have done if I had suspected it.
MR. FOLLET. Q. When was she searched, when she got to the station? A. Not for an hour; I searched her pockets, and merely felt her breast.
THOMAS WADE . I have lived at No. 18, Windmill-street, Haymarket, for fourteen years. The prisoner never lived there, nor her husband; I do not know her - nobody named Thompson ever lodged at my house; we let lodgings.
Prisoner's Defence. A great many false things have been said against me; I had the purse in my hand when I gave the half-crown with the 12s. in it; I did not want to buy a shawl, had not the gentleman said he would buy me one; I said half a crown was all the silver I had to spare; I said my husband gave me the note, not wishing to expose the affair, thinking the gentleman was outside, and would change it for me - I was not the least timid about it.
ELIZA GREEN . I know the prisoner, and believe she is an unfortunate woman. On the 1st of October, I met her between six and seven o'clock, in the Haymarket - we walked together, and about eight o'clock she met an old gentleman, and went away with him.
MR. FOLLET. Q. Where was this? A. In Regent-street; it was on a Monday - we had walked from between six and seven o'clock - I was looking about for new patterns for my business, in different shop windows; I am a trimming manufacturer, and live in Old Montague-street, Brick-lane, Whitechapel - we met the gentleman in Regent-street; I left them down a turning close by Oxford-street; I do not know the name of the street - I walked with them for about half an hour, to various places; they were looking at different shop windows, up Regent-street, till they came to Oxford-street - the gentleman said in Regent-street; that he would make her a present of a shawl, and asked her to have something to drink - I saw him take out his purse, and heard him say he had nothing but a 5l. note, except a little silver - I saw him give her a bit of paper from his purse; it appeared like a note - by the prosecutor's shop she said "That is a shawl which, if I was going to purchase, I should like;" I wished them good night, and left them together, going towards the prosecutor's shop again; she took his arm, and walked towards the prosecutor's shop - I did not hear him tell her to meet him under the Quadrant or at a public-house; I heard him say"Mind and return the change, and not give more than 1l. or 25s., if you do, I shall be angry;" I at first thought that he was joking, but when he gave her the note I found he was in earnest; he said when he met her "Have you not a better shawl?" she said not - he said "I will give you one if you will go with me" - I heard she was in custody on the Wednesday following; I have known her four years, but do not know where she lived - I had not seen her for seven or eight months; I believe she is married.
NOT GUILTY .
3rd COUNT, stating it to be a promisory note for payment of money.
THOMAS CHAMBERS . I am a grocer , and live in Marchmont-street, Russell-square . On the 1st of October, about half-past eight o'clock in the evening, the prisoner came and bought 2lbs. of sugar at 10d., 1 lb. of 8s., and 1 lb. of 6s. tea; they came to 15s. 8d. - she tendered me a 5l. note; I asked her address - she said "Jackson, No. 33, Russell-square," which I wrote on it in her presence - this is the note; I immediately suspected it was forged, from the appearance of it altogether, and knowing that Mr. Mocatta lived at No. 33, Russell-square - I went out, leaving my wife in the shop, pretending to get change, but to find a Policeman, who I brought into the shop.
Cross-examined by MR. JONES. Q. Did you ask her what address you should put on the note? A. Yes; I did not endeavour to get her liberated after giving her in custody.
HUGH CASH . I am a Policeman. I took the prisoner in Mr. Chamber's shop; I asked her in the shop where she received the note - she said she had it from a gentleman who stood at the corner of a street - that his name was Jackson, and he lived at No. 33, Russell-square; she said she was so respectable, she could not walk through the crowd to the station-house, and desired a coach - we went in a cab.
Cross-examined. Q. Did you offer to go with her to see for Jackson? A. I did, and went past the spot, but could find no one where she said he stood; she did not ask me to go to Russell-square.
GEORGE KING . I am servant to Mr. Mocatta, of No. 33, Russell-square, and have been so two years. On the 1st of October nobody of the name of Jackson lived there, nor during the time I have been there; the prisoner never lived there.
JANE WATSON . I live with my uncle, who keeps a straw bonnet shop at Aldgate. The prisoner came there about nine o'clock in the evening of the 20th of September, and looked at several bonnets - she fixed on one at 24s., and gave me a 5l. note; I asked her address - she gave me "Jackson, No. 140, Commercial-road," which I wrote on it at the time, with the date - this is the note; after writing the address I gave it to the boy to get changed, which he did; I gave her the change and bonnet - the note was returned next day from the Bank, marked "Forged."
Cross-examined. Q. Is not yours a large business? A. Rather - there was another person in the shop; I had not seen the prisoner before - the gas was lighted; she was in the shop about a quarter of an hour; I did nothing but attend on her; I saw her again in a fortnight, and have not the least doubt of her - she had a shawl and straw bonnet on; I knew her person and her face - she was without her bonnet for several minutes, trying others on.
JOHN JAMES HARRIS . I am a clock and watchmaker, and live in Upper East Smithfield, near the Tower. The prisoner came to my shop on the 29th of September, about nine o'clock in the evening - I am certain of her; she asked to look at two rows of coral beads which were in my window; they were shown to her, and she asked the price - I said 22s.; she hesitated several minutes about the price -I said we never made two prices; she agreed to buy them, and paid me a 5l. Bank note, as it appeared to be; I asked her name and address - she said, "Jackson, No. 22, Lucas-street, Commercial-road;" I wrote on the note, in her presence, "Miss Jackson," but did not put the address - she saw me write it; this is the note - it has my own name under the name; I fetched the change down stairs, locked the note in my own chest, and brought down 3l. 18s., which I gave her with the heads; I paid the note to the receiver-general - it was returned to me on the Tuesday following, stamped "Forged."
Cross-examined. Q. Are you quite certain the prisoner gave you the note? A. Quite; I pointed her out at Newgate this day week, from a number of females, who were all in a row; I knew her directly I looked at her, and so did my young man - I never said I could not swear to her - she was nearly a quarter of an hour in my shop.
JANE WILLIS . I occupy No. 22, Lucas-street, Commercial-road, and am married. On the 29th of September nobody named Jackson lived there, nor at any time; the prisoner never did - I never saw her till to-day; I have lived there two years and a half.
Prisoner. I am not the person.
GUILTY . Aged 20. - Transported for Life .
Before Mr. Baron Vaughan.
2310. THOMAS MOLLER was indicted for that he, on the 22nd of September , at St. Mary Matfellon, alias Whitechapel , 1 piece of false and counterfeit coin, resembling and apparently intended to resemble and pass for the King's current silver coin, called a shilling, feloniously did falsely make and counterfeit ; against the Statute, &c.
MESSRS. SCARLETT and GURNEY conducted the prosecution.
THOMAS FOGG . I am an officer of the Thames Police. On the 22nd of September, between ten and eleven o'clock in the morning, I went to a house in Essex-street , with my brother, Isbester, and Gascoigne; we went in at the back door, which was open; the house is divided into different tenements, and the rooms numbered; we found the room No. 7, on the second floor; the door was fast; I burst the door open, and saw the prisoner sitting on the right-hand side of the fire-place, in a chair, with a tobacco-pipe in his right-hand, which he immediately put out of his hand on the hob, on the right-hand side of the fire place; and upon a chair just before him was a quantity of counterfeit shillings in a cup- I saw a white mould on the chair; he immediately took hold of it with his left hand, and threw it on the floor, put his foot on it, and broke part of it; I immediately hit him under the ear, and he fell back against the wall - I picked up part of the mould, with a shilling in it; I put it on the chair, and secured him; in the fire was another tobacco
Cross-examined by MR. PHILLIPS. Q. I suppose that was after you gave him the blow? A. Yes, some time after; he did not say that John Webb had desired him to stay in the room till he came in.
JAMES FOGG . I accompanied my brother and the officers; I entered the room immediately after them, and took possession of the pieces of mould, which I produce - here are two pieces; there is the impression of both the sides of a shilling on them; I received forty-six counterfeit shillings from my brother - one with a get on it; it was in the mould when it was found - I produce a piece of metal, one whole spoon, and pieces of a broken spoon, two files, one with white metal in the teeth - the prisoner's hands appeared as if they had been at work at this business; here are two pipes, one with metal in it, and half a bag of plaster of Paris.
JOHN GASCOIGNE . I accompanied the witness, and found two counterfeit shillings on a bed in the room; they are finished - there was a new metal spoon on the mantelpiece, of the same kind as the broken ones - it appears to be the same metal as the shillings are made of; I found a bag of plaster of Paris, which the moulds were made of, in the cupboard.
ROBERT PRING SNELL . I am landlord of the house in Essex-street. The prisoner was tenant of the room, No. 7, and had been so nearly five months; he had a young woman there, who passed as his wife - she hallooed out Murder! when the officers came; I received silver for the rent once or twice - but at the other times always copper.
Cross-examined by MR. PHILLIPS. Q. Had you many lodgers? A. Yes; I am sure the prisoner was my tenant- I never knew a man named Webb; I never knew the name of the person living in the next room - a person took a room in the name of Bob, the painter, and he was taken with the prisoner, but let go; one of my tenants, named Sheen, was tried at Clerkenwell - he lived in No. 9.
COURT. Q. What rent did the prisoner pay? A. Four shillings a week.
JOHN FIELD . I am an inspector of counterfeit coin. This shilling is counterfeit; the mould is made of plaster of Paris; here is now part of the impression of a shilling of George the Third on it - it has part of the letters on it now; here is Geor III. D. G., and the other part has the back of the head; there are forty-six counterfeit shillings - they resemble the current coin of the kingdom; this one with the get to it is in the state in which it first comes from the mould- all the shillings appear to have been cast in this mould; the metal is usually melted in a tobacco-pipe, poured into the mould, and afterwards field to fit them for circulation; this file appears to have filed white metal - these spoons are a similar sort of metal to what the shillings are made of- the broken pieces are the same; the mould is made of plaster of Paris.
Prisoner's Defence. The landlord said, before three witnesses, that I did not take the room.
MARY ANN MOLLER . I am the prisoner's mother When I heard of this I was surprised that he should have a room, and the landlord said he never took the room o him, for Bob took it, and he was no tenant of his.
GUILTY . Aged 20. - Transported for life .
Before Mr. Justice Park.
ELIZABETH CLARKSON . I am a servant to Mr. Charles Hertslet, who lives in Norfolk-street, Strand . On the 8th of September, at seven o'clock in the evening, the prisoner rang the bell, he said he had dropped a note down the area and asked me to pick it up for him - I went down, leaving the door open, and him standing there - I found the note, and brought it up stairs; he was gone - I missed a cloa and two coats from the hall; the note was a butcher's bil
THOMAS SEAGER . I am footman to Mr. Hertslet. did not see the prisoner at the door - the cloaks and coa hung there at six o'clock; nobody came after that, excep Leach, who brought the linen - the property has not bee found.
GEORGE LEACH . I am a porter. I took a basket o linen from Manor-place, Walworth, to the prosecutor's house - I got there a few minutes before seven o'clock; was coming out of the kitchen when the servant was coming down for the note; and as I came out of the door the prisoner was there - I am sure he is the man; I take linen there every week.
NOT GUILTY .
MARY ANN WILEY . I am servant to Alexander Watkins, of Upper Baker-street, Portman-square . On Saturday afternoon, the 15th of September, at three o'clock, I was taking the meat in from the butcher, and saw the prisoner drop a note into the area; he said, "I have dropped a note, be so good as to pick it up;" I said I would - turned from the door, and said, "Be so good as to shut the door, if you please;" he said, "Yes I will;" I did not sta to see if he did, as my hands were full - I turned round, was pulled too, and appeared shut; I went and took the note up, and as I ascended the stairs I heard the door g too again - I went to the door, with the note in my has and he was gone; I missed a cloak and umbrella off to pegs - they belonged to Mr. Watkins.
Prisoner. Q. Did you see me with any property? A Yes; I left some meat at another place, and as I returne I met you with a cloak and umbrella on your arm.
GUILTY . Aged 19. - Transported for Seven Years .
First London Jury, before Mr. Recorder.
MR. SCARLETT conducted the prosecution.
WILLIAM WESTON . I assist the landlord at the Twelve Bells, Bridge-lane . On the 9th of October , between five and six o'clock in the evening, the prisoners came there together - Fitzpatrick asked for a pint of porter, and offered a good 5s. piece in payment; McCarty then said there was no occasion to change a 5s. piece, as he considered he had browns sufficient - he searched his pockets, and produced three halfpence; I said that was not enough, the porter was 2d. - he seemed very much annoyed about being charged more than three halfpence; he asked Fitzpatrick if he had any more browns - he said not, and that he must trouble me for change after all; I had given him back the crown, and he gave me this crown-piece, which I considered the same, and did not look at it - I put it into the till, and gave him 4s. 10d.; there were no other crown-pieces there; they went out, and in two minutes, having occasion to go to the till, I found it was bad - I have kept it in my pocket ever since, and swear it is the one he gave me; I saw the prisoners at Guildhall next morning, and swore to them.
JOHN FARROW . I keep the Fortune of War, in Giltspur-street. On the 9th of October, about half-past six o'clock in the evening, the prisoners came to my counter; Fitzpatrick asked for a pint of beer - I drew it, and put it on the counter; they saw I was very busy - Fitzpatrick tendered me a crown; I tendered him 4s. 10d. - McCarty said, "What occasion is there for changing, I have got browns enough;" I returned the crown-piece, and put my change into the till; McCarty produced three halfpence -I said, "It is of no use to have any nonsense, my beer is 2d.;" he said, "Don't be hasty," and said to Fitzpatrick, "Have you not a brown?" he said not - I saw McCarty hand something to Fitzpatrick, who then said, "I am sorry to give you so much trouble for a pint of beer, but must trouble you for change after all;" I suspected him immediately - he produced a bad crown to me; I immediately collared them both, and held them till the officer came - I saw Fitzpatrick's hands in his small clothes, and told the officer he had concealed something there - he said, "If I gave you a bad crown, that is the one that laid on the counter," but the officer found the good one concealed in his trousers; McCarty had 9s. 6d. in silver, and 6d. in copper.
Fitzpatrick. Q. Can you swear the crown produced is what I gave you? Witness. A. I do; it laid on the counter till the officer took it - I kept my eye on it while I held you.
TIMOTHY HODGSON . I am an officer. I took charge of Fitzpatrick, and found a good 5s. piece concealed in a certain part of his person behind him - I received a counterfeit crown from Farrow; I marked it, and kept it in my pocket by itself.
Fitzpatrick's Defence. I was never at the Twelve Bells, and do not know where Bride-lane is; as to the other man, that is not the crown I gave him, he has changed it since I was examined; at Guildhall he could not swear to it, but said if the Policeman did, he would.
McCarty's Defence. I had been to Stokes', in Cheapside, to receive 9s. 10d. - I met this man; he asked me to go and have a pint of beer; we went to the Fortune of War - I put down three halfpence and said "Give a halfpenny, it will save changing" - he said he had none, and put the crown down again - I was not in the house before.
FITZPATRICK - GUILTY . Aged 26.
McCARTHY - GUILTY . Aged 21.
Confined Two Years .
2314. WILLIAM SAUNDERSON was indicted for stealing, on the 26th of September , 1 box, value 1s.; 1 pair of scales, value 8s. 6d.; 13 weights, value 1s., and 3 books, value 6d., the goods of John Hodgkinson and others, his masters .
MR. ADOLPHUS conducted the prosecution.
JOHN CREED HENLEY , JUN. I am principal warehouseman to John Hodgkinson and others, wholesale druggist s, Thames-street . The prisoner was in their confidential employ, and superintended the wet department , where oils,&c. are kept; he had been with us five or six months; in consequence of something I heard I went to the prisoner's lodging, and found a man about to remove a box; Mrs. Bauting, the landlady, produced this letter to me (looking at it); I have often seen the prisoner write, and believe it to he his hand-writing - we took the box to the Computer, - it was opened, and in it was found a parcel of clothes, and several metal spoons; and in another box we found a box of scales and thirteen weights, three recipe books, in manuscript, and some macassar oil - I swear positively to the weights, scales, and books; he had no business with them- I found other things, which I have no doubt are ours- Letter read -
You will please to remove all my trunks, and things out of the drawers, immediately, to your brothers, or somewhere else, as I expect they may come to search them; keep it as secret as possible. W. S.
If they question you, say I have sent them into the country - keep my clothes back in one trunk.
MARY BAUTING . I live at No. 3, Queen-square, Bartholomew-close. The prisoner has lodged there four or five years; I received the note produced from him, and opened it, my sister not being at home; the boxes taken away were his; he had brought them to the apartment; he left three weeks ago last Sunday; he had not quitted the apartment.
THOMAS HERDSFIELD . I am an officer. I went with Henley to the prisoner's lodging, and brought one trunk away, and one from another house; I asked the prisoner for the keys - he did not give them to me; I broke the boxes open, and found these things and a quantity of other things in a box which I got from Mrs. Foom's, in Hare-court, Aldersgate-street - the prisoner said he had sent the keys to Mrs. Bauting, but she said she had not had them.
Prisoner's Defence. I merely took the books home to copy some recipes, intending to return them - I took the
GUILTY . Aged 28.
BENJAMIN DELAMORE. I am the brother of Henry Delamore, who keeps a chop-house, in Wine-office-court . The prisoner frequented the house; these spoons were all lost within five or six months previous to the 1st of October; after the prisoner was apprehended I saw six in the possession of Herdsfield; (looking at them) - these are all my brothers - I attend to the customers; my brother is confined by illness.
THOMAS HERDSFIELD . I am a City officer. After the prisoner was apprehended I went to his lodgings and found these spoons, among others, in a box, which I took to the Compter; it was not the box which Mr. Hodgkinson's property was in; Foom saw the box.
CHARLES FOOM . I never saw the prisoner, but at Mrs. Bauting's request I removed a box from her house - Herdsfield came that evening, and I gave it to him; he took it away - I live in Hare-court, Aldermanbury.
MARY BAUTING. I sent one box to Foom's, on receipt of the note; I saw the same box afterwards.
GUILTY . Aged 28. - Transported for Fourteen Years .
The witnesses not being able to identify the property, or to prove any loss, the prisoners were
NEW COURT. SATURDAY, OCTOBER 20.
Fourth Middlesex Jury, before Mr. Common Sergeant.
2317. JAMES MILLS was indicted for stealing, on the 1st of September , 26 yards of linen, value 2l. 12s.; 7 yards of calico, value 3s. 6d.; 7 yards of huckaback, value 7s. 6d.; 4 handkerchiefs, value 13s. 6d.; 100 buttons, value 2s. 6d.; 1 yard of holland, value 1s., and 4 hanks of cotton, value 6d., the goods of James Pincott and another .
CHARLES HENRY IORNS . I am a linen-draper , in partnership with Mr. James Pincott; we live in Oxford street : the prisoner was in our employ, and slept in the shop - In was discharged on the 10th of September, I think. In consequence of information, I went, on the 14th of September, with an officer to Newnham-street, Edgware-road - we found the prisoner there; I told him I suspected all was not right, and wished to look over his box - I went up stairs with him, and he unlocked his box himself; there was a shirt, two silk handkerchiefs, a brown holland cap, and some pins and needles, which were ours - I told the prisoner, he was aware that it was not his property; he shook his head, but what answer he made, I do not recollect- I then went down with him, and asked him where the piece of linen was; he said it was being made into shirts: I asked where, and he took us to John-street, and there we found it - part of it was made into shirts; we found about 4l. worth of property: these are the articles - I did not miss them, till the had left us for three or four days.
CHARLES LAUGHTON (Police-constable D 17). In consequence of information which I received, I went with the prosecutor to the house where we found the prisoner, and these articles - I then went to John-street, where we found the linen partly made into shirts.
GUILTY. Aged 18.
Recommended to Mercy by the Prosecutor .
Confined Six Months .
CHARLES WORLEY . I am foreman to James Robert Cassell , a pawnbroker , in Old-street . On the 24th of September I heard a noise, and ran into the street; I saw the prisoner with these trousers - he had torn them down from where they had been suspended by the button-holes of the pockets, which are torn out.
Prisoner's Defence. I went to look at the trousers; which were nearly out of my reach; they came down into my hand - I was stepping into the shop, and the man came and took me.
NOT GUILTY .
2319. THOMAS WILLIAMS and WILLIAM LAWRENCE were indicted for stealing, on the 28th of September , 1 pair of boots, value 5s., the goods of Edward Barrett ; 3 coats, value 25s., 1 cape, value 5s., and 1 pair of boots, value 2s. 6d., the goods of James Baker ; 1 coat, value 7s., the goods of John Carney ; 1 coat, value 15s., the goods of John Walker ; 1 handkerchief, value 6s., and 1 basket, value 1s., the goods of Thomas Sumpter ; 1 pair of boots, value 5s., the goods of William Carminack , and 1 coat, value 4s., the goods of Bernard Andrews ; and ABRAHAM COHEN and ISAAC COHEN were indicted for feloniously receiving the said goods, well knowing them to have been stolen ; against the Statute, &c.
ANOTHER COUNT, varying the manner of laying the property.
MR. ADOLPHUS conducted the prosecution.
GEORGE POWELL (Police-constable E 75). I lodge at the station in Charlotte-street, Bloomsbury ; the clothes belonging to the Policemen are kept there; about one o'clock on the morning of the 28th of September I saw them safe in the kitchen; and in about half an hour afterwards, I received information that some clothes were laying about the street, and in the area - a great number were missing; inquiries were made, and the officers were sent to find them.
COURT. Q. Did you see either the basket or the bundle on the floor? A. I saw them on the floor, but I did not see them opened - I had had something to drink, and there was a table before me.
MR. ADOLPHUS. Q. Did you see them on the floor? A. Yes; they had been removed before the Policemen came, but I did not see them - both the Cohen's were in the room; I cannot tell how long I had been in the room before the three officers came, but I think above an hour; I had had some tea - I heard Isaac Cohen speak to one of the officers, but I cannot tell what he said; all the prisoners were in the room when the officers came; I saw the Policeman take the basket from under a bed, or a sofa, and I saw them take the clothes out on their arms, but I cannot say where they took them from; they seemed to be men's clothes.
COURT. Q. Did you see, at any time, the things taken out of the bundle and basket? A. No; the clothes were taken from the same place as the basket was, but the things were put away before I got into the room; I think the basket was empty when it was drawn from under the bed- there were two beds in the room; I did not see whether there were articles taken from both the beds - I did not hear what passed between the officer and Isaac Cohen as they went out at the door.
Cross-examined by MR. BODKIN. Q. Had you known Williams before? A. No; we went to a wine-vualts, and I think they had been drinking before; I think we had two or three glasses of gin at the wine-vaults - Williams certainly was tipsy; I do not know who put the things into the cab - I did not see them put in; I did not see any thing with either of them; I heard that a number of things were laying about the street - Williams was all the way through very desirous that I should accompany him, and when there was an objection made about my getting into the cab, I think it was him that said, "Oh, let her come;" it was Lawrence who got out at Eagle-street, but Williams remained in the cab; and when Lawrence got in again, Williams desired the man to go to Saffron-hill, and said he was going to take me to his lodging.
Lawrence. Q. Did you not put a blue handkerchief into my hat, which you said you picked up at the bottom of the cab? A. Yes, I did.
Cross-examined by MR. PHILLIPS. Q. How soon after you arrived at Saffron-hill did you go into the room? A. I think in about ten minutes - I cannot say who removed the things into the room; I dare say I was an hour in the room - the things were not removed in that time - Abraham Cohen went out to get something to drink, leaving the others in the room - I saw and heard what they did; when the Policemen came in, Isaac Cohen said, "What is the matter?" or something of that kind, and he went outside the door - they came into the room again, and I believe the things were pointed out by Cohen, but I did not see it, as I was very much frightened - I was sitting by the fire; it was a good sized room; I had not seen or heard any bargaining about the things.
MR. ADOLPHUS. Q. When you went into the room, were the bundle and basket in sight? A. No, they were not - there was no appearance of business in the place; it was merely a common room.
GEORGE HILL . I am driver of the cab No. 3. On the night of the 27th of September I was called off the rank, at Broad-street, St. Giles', by Lawrence, who took me to the corner of Charlotte-street, against the chapel - I went up Plumtree-street, and there Williams met me, he put a bundle into the cab, and Lawrence fetched a basket, and put in; they both got into the cab, and Wilkins came running up to bid them good bye; but as we were going off, she said, "Bill, give us a ride," and Williams said,"Get in;" I said it was too much for the horse, I could not take three; but if I did, I hoped they would pay me for it; Williams said, "It is all right, we will pay you;" I drove to a street, which I think is called Turk-street, Bloomsbury - Lawrence there got out, and took the bundle and basket; he returned in about a quarter of an hour, brought them back, and said to Williams, "I can't get in there;" Williams said, "I know of a place on Saffron-hill" - I then drove them to Little Saffron-hill, and put them down; I do not know at what house; Williams and Lawrence got out, and took the things, but the girl remained with me in the cab for about a quarter of an hour - Williams then came out of the house, and told her to go in, and make herself comfortable by the fire; she got out of the cab, and went in - Williams then asked what my fare was; I said 3s., and I hoped they would give me something more; he said Oh yes, he would, and give me something to drink, but he must call his friend out to get some money; Isaac Cohen came out just as the girl was going in at the door; Williams told him to
Cross-examined by MR. BODKIN. Q. Can you undertake to say that both the bundle and basket were not put in by Lawrence? A. Yes; they both brought some -Williams said he knew of a place on Saffron-hill; I did not hear him say it was a place to sleep at with the girl, for I was rattling over the stones - I believe they were tipsy.
- WILLIAMS. I was assistant to the waterman at Broad-street rank that night; I saw the cab hired, but I cannot say by whom - I saw a bundle put into the cab -I saw a lady and gentleman come along Charlotte-street; the gentleman said, "Halloo, what is this?" I looked, and saw a number of things on the steps and on the pavement; this was in the same street, and nearly opposite where the things were put into the cab - I took up some of the things, and gave information; the gentleman and lady took up some of them; I saw the cab come back between two and three o'clock, and I gave information of it.
JAMES ISAAC (Police-constable E 23). In consequence of information on the morning of the 28th of of September, I went with two other officers to No. 11, Little Saffron-hill - it was then between two and three o'clock - the door was on the latch - we opened it, and went in - the four prisoners were in the room; Isaac Cohen said to me "Well, Isaac, what, is it about these things?" or about the things, and at the same time, he put his hand against me to wish me to go into the passage - he did not push me; I had known him for some years - I believe he is in the clothes line; when we got into the passage, he said, "What about these things," I said, "What things?" he said, "Those things here;" I said, "If the things are here, show them to me;" he went into the room, and pointed to a bed - I stooped down, and pulled out a great coat and a Police-coat, and my brother officer found some more things out; I then said "Are there any more?" he said"No, I have told you all;" I said, "I am certain there are more things, for we have missed more;" Abraham Cohen then pointed to another bed in the room; I found two Police coats under that bed; Williams and Lawrence were in the room, and I asked if they had brought the things there - Isaac Cohen said Yes, and the girl had come with them - we spoke loud enough for all who were in the room to hear us - the clothes were loose under the bed; when Isaac Cohen and I went into the room again, he said "It will be all right, don't make a noise."
Cross-examined. Q. Has Isaac Cohen borne a good character for honesty? A. Yes, as far as I know; when he had pointed out some things, he said that was all he knew of; Abraham Cohen lived in the house I believe; the prisoners and the girl were taking coffee in the room when we went in - I cannot tell whether the other officer heard what Isaac Cohen said to me.
THOMAS BUTTRISS (Police-constable E 142). I went with the other officer to the house on Saffron-hill- the prisoners and the girl were there; Isaac Cohen said "Well, Isaac, what, is this about the things?' he said, "It is all right," and he put him into the passage, where they stood for a minute or two; they then came into the room, and we asked two or three times where these things were - Isaac Cohen pointed to one of the beds, and some things were found there, but I cannot say what; we then asked if there were any more, and Abraham Cohen pointed to the other bed - I searched there, and found a cape, a coat, and a pair of boots.
WILLIAM BARTON (Police Serjeant, G 1). I went with the other two officers - we found the four prisoners and the girl at tea; Isaac Cohen said to Isaac, "What, about these things?" they then went out of the room, returned, and pointed to the two beds where the things were found - the uniform clothes are the property of the King.
MR. BODKIN to GEORGE POWELL . Q. You saw these things all safe? A. Yes - I did not notice them particularly, but they were safe; I did not notice the time particularly - they were laying about the shelves in the kitchen; there was a great deal of property there; I went down to stair the fire about one o'clock; I went down again in about half an hour, and the shelves were stripped.
Williams's Defence. I was walking up Catherine-street, and met Lawrence, whom I had known four or five years - I asked him to have something to drink, and we went and had some; we afterwards met Wilkins, who asked me to treat her, which we did; we then went on to Middle-row, and then parted - we then went to St. Giles's to try to get something more to drink, but could not find a house open; we were then coming down a short street, leading from George-street to Charlotte-street, and I stumbled over something - I took it up, and it was this basket; we then went on, turned the corner, and Lawrence found the bundle tied round with a piece of list; he said "What had we better do?" I said "Keep them till morning, and see if there will be a reward offered," and we agreed to take a cab, and go to Eagle-street, where he had a brother, but he was out, and he could not get in (when we got into the cab, Wilkins had come to us, and asked us to give her a ride); I was then going to sleep at Co hen's, which they had allowed me to do, as I have known them for four or five years, and they have lent me a little money to purchase small things; when we got to the house, I put the bundle down, and kicked it under the bed, and the basket was put down at the foot of the other bed - I did not know what they contained; I did wrong in taking them away when I found them; it was stated at Hatton-garden, that there are still some things missing, and it was as likely for us to find these things as for other persons to find them.
Lawrence's Defence (written). On the night of the robbery I met Williams in Catherine-street, Strand; he asked me to
Abraham Cohen 's Defence. Isaac says the goods were concealed - I do not understand what he means; they were only put down by the side of the beds - they were not brought to me for sale; I knew Williams when I was in business, and entrusted him to sleep in my house - if the goods were stolen, I could have put them out at my back door.
Issac Cohen's Defence. I have nothing to do with my father's business, I was there by accident.
JURY to GEORGE POWELL . Q. Did you find the door or window of the station-house open? A. The area gate was open, and a person by going down there could put their hand into a broken pane of glass, and put the bolt of the door back - I had left the door shut.
WILLIAMS - GUILTY . Aged 23.
LAWRENCE - GUILTY . Aged 21.
Transported for Seven Years .
A. COHEN - GUILTY . Aged 68.
I. COHEN - GUILTY . Aged 32.
Transported for Fourteen Years .
MR. BODKIN conducted the prosecution.
SKIDMORE ASHBY. I am a corn-merchant , and live at Staines , in partnership with my brother John. I had, on the 23rd of September, a quantity of barley in sacks in a granary- there were eighteen sacks; the sacks were marked William Ashby - it had a particular seed in it, cliver seed, which could not be separated from it; I saw it safe on Saturday afternoon, the 22nd of September, about four o'clock - it was locked with two locks; on the Tuesday morning I went and found the binges were broken; we went in, and missed four sacks of barley - I went into the field, and about one hundred yards from the granary, we found a sack of barley and a sack of beans, covered over with rushes; there is a shed twenty yards from the place; I and some other persons agreed to watch this sack for several nights - on Wednesday evening, when I, James Shears , and two other persons were watching, the prisoner came; when he came to the door, he said, "Blue Dick, are you there?" we did not answer - he then went to the heap of rushes, and took about half the barley out of the sack, put it on his shoulder, and went away; he left the other tied up, and had not covered it up - we had put the lock on the staple of the door, and some person had locked us in - the prisoner had come close to the door, and pushed it, but there was something against it, and he could not open it; we broke through the boards, and got out - he had got about one hundred and fifty yards off, and Shears took him with the barley on his back; he was taken into custody - we examined the barley, and it answers to the sample and bulk.
JAMES SHEARS . I am in the employ of the prosecutors, and watched with them. I saw the prisoner come and take some of the barley away - I followed, and took him into custody; I have compared the barley found on him, and that in the bulk, and they correspond; this sack is Robert Holland's, that I took from him - this one is what he shot the barley out of, and has my masters' names on it
GUILTY . Aged 18. - Transported for Seven Years .
John William Lubbock , in the dwelling-house of Sir John William Lubbock , Bart .
JOHN WILLIAM LUBBOCK , ESQ . The prisoner was my servant - it was his business to come into my bed-room every morning. On the 8th of September, in consequence of information, I went to a drawer in my bed-room, and missed a 50l. Bank note; the drawer had been kept locked, and the key was in another drawer, one key of which I carried about me, but there was a duplicate key - when I missed the note I went into the prisoner's room - I took up a livery coat and waistcoat which laid upon a chair, and this key fell from it, which I found would open the drawer, in which was the key of the drawer where the note had been kept; I certainly had never given the prisoner a 50l. note at any time - I had never paid him so large a sum; I do not know the number of the note I lost.
Cross-examined by MR. CLARKSON. Q. How long had he been in your service? A. About two years; I should not know the note again.
SARAH FERGUSON . I am an unfortunate girl, and live in Phoenix-alley. On the 7th of September I saw the prisoner - I had known him before; he came about four o'clock in the day, and was in livery - he staid about an hour; he gave me a note to get changed, which he said he had received of his master for wages - he did not say what the amount of it was; he only asked me to get change - I did not know what note it was; it might have been a 5l. note for what I knew.
Q. Is this your mark to this paper? A. No, Sir, not that I know of; I put a mark to a paper - I cannot read nor write; my examination was read over to me, and what was read was correct - I gave the note to my sister Elizabeth, who lodges with me; I pay the landlady for my lodging, but I do not know her name.
Q. Now, take care - did the prisoner tell you, when he said he had got the note from his master for wages, how many pounds he received for his wages, and how much for his clothes? A. No, Sir.
Cross-examined. Q. Have you been in custody ever since you were take up? A. Yes; I was searched - I was examined by the Justice - my sister was present when the prisoner gave the note to me, and she heard what passed; my deposition was read over to me.
Q. If that contains any statement about 50l., or any sum which the prisoner told you he had from his master for wages, is it correct? A. I do not know; he did not say any sum for wages.
COURT. Q. Did you not say (whether true or not) before the Magistrate, "When the prisoner gave me the note, he said, in answer to my question, how he got it, that his master gave it to him; 20l. for wages, and 30l. for clothes?" A. He told me his master gave it him for wages.
ELIZABETH FERGUSON . I am eighteen years old; I live in Phoenix-alley - the landlady keeps a coal-shop in Hart-street, Covent-garden. I saw the prisoner give my sister (the last witness) a note on the 7th of September; he asked her where to get change - he told her he received it from his master, 20l. for wages and 30l. for clothes; I took the note - I cannot read or write; I went with a girl, who was in the room, to get it changed, as I did not know how to go about it; I gave it to her husband - she called him William; I do not know his other name - he took it, and did not return; I have never seen the young woman since.
Cross-examined. Q. Have you been in custody ever since? A. Yes; I believe what the prisoner said - I swear he said so.
JOSEPH SADLER THOMAS . I am superintendent of the Police. I went to Phoenix-alley, and found the prisoner with these two girls, and two or three other prostitutes; I did not make him any promise or threat, but I asked if he had sent a 50l. note to be changed - he said he had; I asked him who had got it - he said a young man named Briton; I then asked if it was his own - he said it was, and he received it of his master Mr. Lubbock, and that he had 20l. a year wages, and 30l. for clothes.
Cross-examined. Q. I believe you deposed to another conversation before the Magistrate? A. Yes, and at that time I had not made the prisoner any promise, but Sir Frederick Roe objected to it, as he thought it had been so obtained - when he got to the station, I said, "You persist in the same story;" he said Yes - I said, "Young man, under every circumstance, truth is valuable," and in consequence of that, Sir Frederick Roe thought fit to strike out the subsequent conversation; I was not then aware that what I said was any inducement to him, but that did not precede the conversation I have stated to-day.
Prisoner's Defence. I am innocent.
Cross-examined. Q. Has your father any partners? A. Yes - I do not know how many; I am in business with him as a merchant - this note was my property; his house is in the parish of St. James.
GUILTY . Aged 17. - Transported for Life .
JAMES SALTER . I am chief officer of the Duke of Brunswick , in the West India Export-dock. I was in Whitechapel on the 22nd of September, about seven o'clock - I felt something at my pocket; I turned, and saw the prisoner running with my handkerchief - I let go my wife's arm, and run and collared him; he dropped my handkerchief close to him; I took it up - I just saw the handkerchief going out of my pocket in his hand; he dropped it from his left hand.
Prisoner's Defence. I was going to meet my brother; I saw a boy throw the handkerchief down, and run straight on.
GUILTY *. Aged 17. - Transported for Seven Years .
2323. ELIZABETH MALONEY was indicted for stealing, on the 31st of March , 3 gowns, value 12s.; 1 petticoat, value 1s.; 3 caps, value 18d.; 2 pairs of stockings, value 1s., and 2 aprons, value 1s. , the goods of James Barnard .
SARAH BARNARD . I am the wife of James Barnard - he is a private in the 3rd Dragoon Guards ; I was living at No. 53, Newman-street , as servant. On the 31st of March I missed from my box some gowns, petticoats, and
Prisoner's Defence. I went to live at Madam Jones' for five weeks; I then found she was a noted character and left her; I could not get my wages nor my clothes -I then summoned her for my wages and got them; I went for my clothes and could not get them - I went again and was taken; my clothes are there now.
SARAH BARNARD. I believe her clothes are there - I believe it is a lodging-house; I heard her mistress say that she ran away.
NOT GUILTY .
MR. CLARKSON conducted the prosecution.
THOMAS WHIPPIE . I live with Mr. John Whippie, a farmer , at Whitchurch, in Somersetshire, a few miles from Bristol, on the Wells road . On the 26th of January, 1830, he had a sorrell mare in his orchard - I saw it safe on the 25th; the gates were then secure - it was missed on the 27th; I saw her again at Yeomans' last Friday week.
MILBORNE WILLIAMS . I live with the prosecutor - he is a very aged man, and has not been from home these two years; I saw his mare on the 12th of October this year, and I had seen her safe between the 25th and 27th of January, 1830.
COURT. Q. Was there snow on the ground on the 25th of January, 1830? A. No, but there was on the 27th - it had fallen in the night; I saw the trace of the mare's footsteps out of the orchard, and some man's footsteps.
JAMES YEOMANS . I am a livery-stable keeper, and live in Brunswick-mews, Brunswick-square. I bought the sorrell mare of the prisoner on the 9th of February, 1830, for, 13l. - I had seen her two days before; this is his receipt.
9th February, 1830.
The + mark of James Kirkman.
Cross-examined by MR. PHILLIPS. Q. Had you known the prisoner long? A. Yes - there was no concealment about it - I had had it for two or three hours on trial, and he told me I might take it any where; when the officer came to me I went to the prisoner, and asked who he brought the mare of; he said of Thomas Moffat - I do not know the Nightingale tavern; I have known John Taylor , the ostler of it for many years.
JOHN BRIMBLE . I was in the prosecutor's service, and was in the habit of feeding this mare; I saw her safe in the orchard late in the afternoon of the 27th of January, 1830: I then shut the gate, and missed her the next morning - I traced her footsteps for twenty yards out of the orchard into the field, and from thence into the road - I have since seen it, and know it is the same.
ROBERT CURTIS. I am an officer of Union-hall. On the 18th of September I went with Pople and Yeomans to the prisoner's premises, at Battle-bridge; Yeomans went in first, and asked if Kirkman was at home - I then went in, and found them in the stable; I said I wanted him about a chesnut mare which he had sold to Yeomans - he said, "I bought her, but I don't know at what fair;" after recollecting some time, he said, "I bought her of Moffat about two years ago.
Prisoner's Defence. I was at the Crown and Anchor, in Wilstead-street - Moffat came and asked if Kirkman was there; I said Yes: we had something to drink, and he said he had come from the country, and had two or three good hackney horses to sell; I went to the Nightingale stable, and saw them - there were three; one of them was lame - I said I could not buy that, what would he ask for the other two; he said 20l. - I said I would give him 12l. for one and 5l. for the other, which he had been driving in his cart: he said he could not take that - I went to market, telling him if he altered his mind to let me know- the next day he came to the Crown and Anchor, and asked if I had altered my mind; I said No, but I would give another look at them - I went and saw them again: I said I would give the same as I told him - the horses were then put into the stable; we sat drinking till the evening: I said, "Am I to have the horses?" he said, "Give me 18l." - I said, "No, I will give no more," and he agreed; he brought them to me - I gave them to a boy; Mr. Butler came and asked what I gave for these horses; I said 17l. - we went into the house, and had some brandy and water, and I paid seventeen sovereigns on the table; I then came out, I rode on one of the horses, and led the other - the next day I went to Mr. Yeomans, and told him I had such a horse to sell; he offered me 12l. for it - I met him again the next day; he afterwards offered me 13l., which I agreed to take - I knew Moffat; he was a hackney coachman - I have heard he has been here since, and been transported.
JAMES YEOMANS re-examined. Q. Did you know where the prisoner lived? A. Yes - he drove a hackney-coach, and he told me he had got a horse which he thought would suit me; I went and looked at it - he told me of it on the 7th, and I bought it on the 9th - I rather think George Foster , a hackney-coachmaster, wrote the receipt; he came with the prisoner in the evening, after I had had the horse all the afternoon; I should think it would take three days to bring a horse from the prosecutor's, which is one hundred and twenty miles.
JOHN TAYLOR . I am ostler at the Nightingale tavern, Lisson-grove. I was there in the beginning of February, 1830 - I had known the prisoner a long time, and knew Moffat; I recollect the prisoner coming two days successively, to look at some horses which Moffat brought there; I cannot say what day it was, but I know they had been two days before the prisoner saw them - one of them had a mark on one quarter, and a bad hough; I saw Moffat lead them out, and show them to the prisoner - I did not
MR. CLARKSON. Q. Were they horses or mares? A. I cannot exactly say - I think Moffat used to come about eleven or twelve o'clock in the day; it was in 1830 - it might be in January; it was not so late as March - the horses were there about four days; they came on a Wednesday, and the prisoner came to see them on the Friday; Moffat had been there a great many times with horses - I had known him nine or ten months; I had never seen the prisoner before nor since; Moffat had a cart, with the name of Thomas Moffat, Reading, Berks, on it - he said he had been into the country for a fortnight before this, to fetch horses; I told the Magistrate I did not know the colour of this horse, but when I came to see her, I knew her by the marks.
ROBERT BUTLER . I lived with Mr. Hardwick, a liverystable keeper, in Tottenham-court-road. I have used the Nightingale for these twenty years - I knew Moffat by sight, but did not then know his name; I recollect being in the tap-room when the prisoner told me he had been buying two horses, and when they came to the door I should see them; I remember one was a chesnut blind mare and the other was a bay - I saw the prisoner pay seventeen or eighteen sovereigns to Moffat.
MR. CLARKSON. Q. How long ago was this? A. I should think very near three years - it is between two and three years; it was the latter end of January or beginning of February - I had known the prisoner by seeing him at repositories and other places; there were several persons in the parlour when the money was paid - persons who buy horses at fairs do not take receipts for them.
NOT GUILTY .
MARGARET CLOVER. I am the wife of Henry Thomas Wingrove Clover ; we live in Princes-street, Red Lion-square - the prisoner was our servant , and left about the 10th of September. I missed a shawl, a sheet, and some caps.
WILLIAM SHEEHY (Police-constable S 74.) I apprehended the prisoner in a room in Portpool-lane, on the 24th of September; I took her to the office - she owned she had left the sheet at home; I went back, and the woman in the house gave me a sheet.
Prisoner's Defence. My mistress lent me the shawl, and told me to get it out in a day or two; the parish was paying me some money, but when I went for the money, it was stopped; I told my mistress I was under the doctor's hands, and was very much distressed; the sheet I took home to wash.
MRS. CLOVER. I never lent her the shawl, and did not know she had it, or the sheet; she was not well - she was with me twelve months - I believe she was 6s. 6d. in my debt; she went away pennyless, I believe.
GUILTY. Aged 31.
Recommended to Mercy . - Confined Seven Days .
2326. HANNAH PYNE was indicted for stealing, on the 4th of August , 1 box, value 2s.; 5 gowns, value 30s.; 8 petticoats, value 8s.; 1 cloak, value 8s.; 4 shifts, value 6s.; 4 bed-gowns, value 4s.; 1 shawl, value 3s.; 1 apron, value 6d.; 1 handkerchief, value 2s.; 8 pairs of stockings, value 8s., and 1 pair of shoes, value 2s. , the goods of Ann Honeyman .
ANN HONEYMAN . I am servant at the Mail Coach public-house, in Farringdon-street . I left a box of wearing apparel with my sister, containing the property stated, and some other things - I never received it again; I had seen the prisoner at my sister's; my property was worth 8l. or 9l.
MARY OAKLEY . I am the prosecutrix's sister. She left her box with me; I employed the prisoner to carry it to Mary-street, Paddington - it was locked when I gave it to her; I was to pay her when she came back, but she never came - I saw her again when she was taken, and she had a flannel petticoat of my sister's on; she said a man she lived with in the Commercial-road had persuaded her to open the box, - that she had pawned the things, and I should have them back.
HENRY RICHARD GEESON . I am shopman to Mr. Dexter, a pawnbroker. I have a cloak, pawned at his shop on the 4th of August; I have no recollection of the person - I have seen some duplicates in the officer's possession, and one of them relates to the cloak.
DAVID CONDON (Police-constable H 159.) I apprehended the prisoner; I found this flannel petticoat on her - she told Oakley that she had pawned part of the things, and left the duplicates with Mr. James, in John-street, Whitechapel-road; I went there, and got them.
RACHAEL JAMES . I am the wife of William James. On the 4th of August the prisoner came to my aunt's house, in John-street, with a box - I saw her unlock the box; I did not hear any man persuade her to do it - she took a silk shawl out; she left the box with me till the next Monday, and then took it away; she afterwards left some duplicates with me - I gave them to the officer.(Property produced and sworn to.)
Prisoner's Defence. I met a young man I had known for six years; he asked if he should carry it for me; I said I would thank him - he went to Union-street, Back Church-lane, and he asked me to go and have half a pint of beer, which I did; he stood outside with the box; he opened it, and pawned some of the things - I did not know what to do; I took the box to James' house, and left it there, to see if I could make up the money to get the things - I met the young man again; he asked if he should see me any more; I said he might do as he pleased, he had been my ruin - I then went and got the box, and he took it quite away.
GUILTY . Aged 21. - Transported for Sevent Years .
Daniel Holding .
ANN HOLDING . I am the wife of Daniel Holding; I live in White Hart-passage, Liquorpond-street . The prisoner was with me a few days - she came on the 2nd of August; I afterwards missed a shirt, and these articles.
Prisoner's Defence. I first took her daughter out of the workhouse, because they had turned her out of doors- she lodged with me some time, and then went into the house again, where she died; the prosecutrix knew that the sheet was pawned, and said if I would get the things out she would forgive me.
GUILTY . Aged 22. - Transported for Seven Years .
2328. THERESA REED was again indicted for stealing, on the 1st of September , 1 candle-stick, value 18d.; 2 sheets, value 7s.; 1 looking-glass, value 3s.; 2 flatirons, value 18d., and 1 pillow-case, value 18d. , the goods of William Davidson .
SARAH DAVIDSON . The prisoner came to lodge with me on the 25th of August, and left on the 1st of September, leaving her door locked; we got it opened, and missed these articles, which had been let to her with the furnished room.
Prisoner. I did not pawn one of them. Witness. I took in one of the sheets of her, I am positive.
Prisoner's Defence. I did not take any of these things, nor know that they were gone; when I came home and missed them, I sent the duplicates in a letter, saying I did not do it; and I was very sorry that the young person with me had done it.
GUILTY . Aged 22. - Transported for Seven Years .
JOHN ALEXANDER GARRATT. I am a carver and gilder , and live in Wardour-street ; my wife keeps a little shop. I saw the prisoner come in and walk out with the bacon, about three o'clock on the 21st of September - I followed, and collared him.
RICHARD BECK (Police-constable E 82). I took the prisoner.(Property produced and sworn to.)
The prisoner pleaded poverty.
GUILTY *. Aged 19. - Confined Six Months .
2330. JOHN ROBINSON was indicted for stealing, on the 22nd of September , 1/2 lb. weight of rice, value 3d.; 4 eggs, value 3d.; 1 pint of split-peas, value 3d.; 1 lb. of dripping value 6d.; 2 lbs. weight of beef, value 1s.; 2 lbs. weight of flour, value 5d., and 15 apples, value 6d. , the goods of Betty Gilkes .
DANIEL McCARTHY . On the morning of the 22nd of September I saw the prisoner coming out of the prosecutrix's area over the rails, in Ampton-street; it was about ten minutes after six o'clock - he had no coat on then, but he put one on, and then I saw a bag handed to him; he took it, and I gave information.
Prisoner's Defence. I was standing at the corner of Hatton-wall; a man asked if I was out of work - I said I was; he asked if I could do a job for him - I said Yes; he told me to come to him the next morning, in Gray's Inn-lane, and he gave me the bag to carry.
GUILTY . Aged 18. - Transported for Seven Years .
SAMUEL HARRIS . I am a horse-keeper , and live at Clapton. On Sunday morning, the 23rd of September, I was in town with King; we came from Clapton at ten o'clock the night before, to buy something, and walked about till three in the morning, when we met the prisoner and another girl; we went with them to a house in Wentworth-street : we all went into one bed together - I fell asleep, and awoke a little after four o'clock; I had some money in my trousers pocket, which I had left on the table when I went to bed - at four O'clock King called me, and said he missed the prisoner, who had been his girl, out of bed; she was gone - I had not seen her go; my girl was still in bed - I looked and missed 14s. and a purse out of my trousers pockets; King went and got an officer - I had counted my money, before I went to bed, when I gave 1s. 6d. to the girl; I had lost the purse and money - my friend had given the prisoner 1s. 6d.
HUGH KING . I am a ostler. I came up with the prosecutor to buy a few things; we fell in with the two girls: I paid the prisoner 1s. 6d. - we all four went to bed together; I went to sleep: when I awoke the prisoner was gone - I had some suspicion, and awoke the prosecutor; I had put my money in my breeches in a chair, and it was safe - I gave the alarm, and the prisoner was taken in about half an hour; we were not drunk.
SAMUEL GREEN (Police-constable H 61). I received information from King; I went up to the room - I knew the prisoner lodged there, but she was gone; I got further information, and went to a house fifty or sixty yards off - I knocked at the door, and heard the window open; I staid some time, and the prisoner opened the door - I went in, and found this purse, and this money in it on the stone of the window; she said, "For God's sake, give him the money" - I said, "I don't do business in that way;" I took her into custody.
SAMUEL HARRIS. This is my purse; I made it myself.
Prisoner's Defence. I was not sober; I picked up the purse.
GUILTY . Aged 19. - Transported for Seven Years .
THOMAS SULLIVAN was indicted for stealing, on the 12th of September , 1 handkerchief, value 5s., the goods of John Elonis , from his person .
JOHN ELONIS . I am a Frenchman. On the 12th of September I was walking in Marylebone , about four o'clock; I felt something touch my pocket, and missed my handkerchief - I saw the prisoner a few steps before me, with it in his hand; he began to run - I ran after him, and he threw it into the area of No. 10; I still followed him, and just as he turned a corner, an officer met him, and took him - the prisoner was going to give it to another lad, who would not take it, and then he threw it into the area.
The prisoner received a good character.
GUILTY . Aged 19. - Confined Six Months .
SARAH KNIGHT . I am the wife of John Knight; the prisoner is my son, by my former husband - he lived with us, and used to sell things in the street. On the 10th of September, he saw me put 27s. in a purse, and 2s., and some halfpence in a basin, into a large sailor's chest in my bed-room, about eleven o'clock in the morning; he was to have slept at home that night as usual, but he went away, and did not come home - I then looked at the chest; it was still locked as I had left it, but the money was gone: there was no other person in the house.
JOHN KNIGHT. On the 11th of September my wife missed the money; on the 12th we went to Brentford fair, and there we saw the prisoner - he saw his mother, and ran away; I got between the shows, and took him.
GUILTY . Aged 16. - Transported for Seven Years .
2334. ELIZABETH TAGUSON was indicted for stealing, on the 22nd of September , 2 pairs of trousers, value 1l. 4s.; 1 waistcoat, value 5s.; 2 shawls, value 10s.; 1 square of net, value 3s., and 2 slips, value 4s., the goods of Moses Barnett , her master .
MOSES BARNETT . I am a fruiterer, and deal in gentlemen's apparel , in Church-street, Minories . The prisoner was with me to assist my daughter, as a needle-woman for four or five months - I had been continually missing articles, but did not know what had become of them; the prisoner used to work in my room - I at last missed a coat, and I told her; she said, "I know nothing at all about it" - on the 22nd of September my wife missed a shawl; I got a search-warrant on the 23rd, and went to the prisoner's house - I saw her in her room, and said,"Do you know, what I have come about?" she said,"No, I don't;" I said, "I have lost a great many things, and I have great suspicion that you are the thief;" she said, "My God, I know nothing at all about it;" I turned, and saw the shawl behind the door - I said,"This is my property;" I then looked on the bed, and found this square of net - I said, "This is mine;" I then found some other things - she said, "They don't all belong to you - some your daughter gave me, and some I found on the floor;" I said, I had lost five rows of coral beads - she said she knew nothing about them; I looked, and found the lock of the beads on the mantle-piece - I had accused a boy of taking it, and turned him away; I found this pinafore under the bed, with my child's name on it.
Prisoner's Defence. I bought these trousers for 11s., and not having the money to pay for them; I put them in pawn, and the piece of patchwork was given to me by his daughter - the flannel petticoat, and the lace did not belong to him.
The prisoner received a good character.
GUILTY of stealing the shawl only. Aged 22.
Recommended to Mercy . - Confined Six Months .
2335. MARY ANN TATE was indicted for stealing, on the 19th of September , 3 blankets, value 15s.; 1 sheet, value 3s.; 2 pillow-cases, value 1s., and 1 flat-iron, value 9d. , the goods of John Parkes .
SARAH PARKES . I am the wife of John Parkes - we live in Perry-street, Somers'-town . The prisoner came to lodge with us, with her mother, and paid 3s. 6d. a week; they moved in on the 3rd; I received one week's rent - I went into the room three times; when I went in the third time the woman was very tipsy, and the man she had lived with was gone, and all his working-tools -I then missed these articles, and said, "What have you done with the things?" she said, "They are all right;" I called in an officer, and he took her.
CHARLES GWINHAM (Police-constable L 155.) On the 19th of September I was called in; the prisoner was given into my charge - I took her to the station, and found on her eight duplicates, three of which relate to this property.
Prisoner's Defence. I never pawned them; but I told her I would get them out, and pay her when I got to work.
GUILTY . Aged 27. - Transported for Seven Years .
Mary Thomas .
MARY THOMAS . I am a widow - the prisoner is my son; he lived with me; I do needle-work , or any thing I can get. On the 10th of September I lost these articles; the pelisse was mine, and the other things were my other son's, who is gone to sea - the prisoner was gone up to bed; I thought I heard a noise in my bed-room; I took a candle, went up, and he was standing in his shirt, and taking the things out of the box - I made him dress, and come down; I sent for a Policeman, and had him taken- he had taken these things out of a box, in my bedroom; I had seen him in bed.
Prisoner's Defence. I went to the box to get a clean waistcoat; there was a pelisse laid on the top, and as I was taking it out, my mother came in, and accused me of the robbery.
NOT GUILTY .
JEMIMA SCOTT . I am the wife of John Scott - we live in Pollard-street, Bethnal-green . On the 4th of October, about eleven o'clock in the day, Woodley came and took a furnished lodging, at 4s. 6d. a week; he said another young man was to lodge with him - they were shoemakers; he gave me a reference to New Inn-yard, where they gave him a good character; Woodley returned about two o'clock, and hired the lodging - he went out again, and brought Wilgoss back with him; they went up stairs in a short time, went out again, and returned about ten o'clock, to go to bed - the next morning I went up to make the bed, and found the key was gone; they returned at night, and I asked how they came to take the key, as I wanted it to make the bed - they said, "Never mind, we will make it ourselves;" the next morning Woodley came down, a little after eight o'clock, with something white under his arm; in a few minutes Wilgoss came down, and I said, "Now for my key;" he said,"I have left it up stairs" - I went up, and found it was gone; one of my lodgers said, "I think I heard it laid on the stairs;" I found it, went into the room, and missed the articles - the prisoners never returned.
Cross-examined by MR. DONNE. Q. Did you see Wilgoss' father? A. I saw him at his house at Dalston; I went to tell him what his son had done, but did not propose to have the property redeemed by such a time - I saw nothing in Wilgoss' possession.
HENRY WILLIAM (Police-constable N 23). On the 4th of October I received information, and on Friday evening, about eight o'clock, I was standing at Kingsland turnpike gate, and the prisoners passed me - I followed them, and asked Wilgoss his name, and if he did not lodge with Mrs. Scott; he said No - I took him to the station, then went for Woodley, and took him: he said he had lived with Mrs. Scott, and left her because she was making a bother about the key; he dropped a box, and I took it up- it contaained eight duplicates, and one was for this blanket.(Property produced and sworn to.)
WOODLEY - GUILTY . Aged 18.
Confined Six Months .
WILGOSS - NOT GUILTY .
GEORGE WILLIAMSON . I am in the marines . I came from Chatham about twelve o'clock on the night of the 31st of August; I cannot swear that the prisoner had been in my father's service, but a person of that name lived with him- my father is a farmer at Nottingham: I had been there to get money from my friends to buy my discharge - I had a 10l. note, a 5l. note, and four sovereigns; I had come to town on the Friday, and met with Morley at the Black Horse, Whitechapel - I fell in with the prisoner there, and several others; I went to several public-houses with the prisoner, and treated her; I know that she took my money out of my pocket, and put it in again several times; it was in a napkeen purse in my watch pocket - I slept with her that night, and on the Saturday night, while I was sitting drinking a pint of beer with her, I missed my money; there was no one there but her and Morley when I missed it, and she ran away - I gave an alarm; the officer took her some time afterwards - I am sure the prisoner is the girl who took my note, purse, and money.
Prisoner. Q. Did you not say you had 19l.? A. Yes, I had; I had changed one sovereign.
HENRY MORLEY . I am in the first regiment of Guards. I did not know the prosecutor till that Friday, when I called in at the public-house and saw him - there were some persons singing, and the prisoner was there; the prosecutor and she met me the next day, and we sat drinking some time; the prisoner then said she knew another place where we could have something to drink - we went there: the prisoner said she had pawned some things, and he gave her money to get them out; when she went out she took his money - when she had been gone about two minutes, I said to him, "Is your money all right?" he then missed it - I had not seen her take it, but I saw it all safe when he gave her the few shillings to get the things out of pawn - the two notes were tied together with a piece of black tape- when the prisoner wanted money for any thing, she asked him, and he gave it her.
Prisoner. Q. When I got the money from him to pay for the supper and things, did you not ask for some money for a girl to sleep with you? A. I asked him for two half-crowns, and he gave them to me.
JURY. Q. Was he sober? A. Yes - he had a pint or two of beer, and when he put his purse into his pocket, after giving me the two half-crowns, I put my finger into his pocket, to see that his money was safe, and it was.
ROBERT CHRISTIAN (Police-constable H 14). On Sunday morning, the 1st of September. I received information that the prisoner was seen with a 10l. and a 5l. note, and that she was gone to Wentworth-street with another girl; I sent a man to fetch her back - I challenged her with having a
THOMAS SHELSWELL . I am an officer. I found the prisoner's house; I went there to look for the purse, but could not find it - while I was there a letter came from the prisoner, who was then at Clerkenwell.
Prisoner's Defence. I cannot write - I am obliged to get the prisoners in the gaol to write letters to my friends, and what the prosecutor has sworn is quite false.
GUILTY . Aged 19. - Transported for Fourteen Years .
STEPHEN WATTS . I deal in beer grounds. On the 13th of September I was passing Mile-end-turnpike , and saw the prisoner take a puncheon off a cart, and roll it away, along Dog-row: I said "What are you going to do with it?" he made me no answer - I followed him; he tried to take it into a private-house, and it would not go in- he took it into a public-house, brought it out again, and then went to put it into a shed - I said "What are you going to do with that?" he said, "Never mind, I shall take it back to where I had it from," and he said he would give me some gin if I would not say any thing about it - I said I would tell the Policeman.
Cross-examined by MR. DONNE. Q. What time of the day was that? A. About three or four o'clock - he rolled it along Three Colt-lane, to a private-house, next to a public-house; he knocked at the door; it was opened - he tried to get it in, but could not.
ANTHONY WILLIAMS (Police-constable 112 K). I took the prisoner, and have had the puncheon ever since; he said he was desired by Mr. Henness, one of the clerks of the Custom-house-quay, to take the cask away.
Cross-examined. Q. Is that clerk here? A. I believe not; he resides next door to the Wellington, in Three Colt-lane.
Cross-examined. Q. Do you know Henness? A. I have seen him as a walking-clerk - he is agent to the Yarmonth Shipping Company.
GUILTY. Aged 46.
Recommended to Mercy . - Confined One Month .
JAMES JONES . On the 24th of September, about three o'clock in the afternoon, I saw the prisoner take a saw from the premises, put it under his arm, and walk away with it- I was at the house opposite.
Prisoner's Defence. We had several pints of beer and some gin - I went to dinner, met a friend, and got rather too much to drink, and went to take the saw to pawn - I told the prosecutor of it, and said I would give him the money or lend him my saw till I got it again.
MR. ROWE. No, he did not; I never saw him again, till I took him at his lodgings, in Crown-street.
GUILTY . Aged 25. - Confined One Month .
GEORGE PARKER . I live in Leather-lane , and am a grocer . On the 1st of October, about a quarter past five o'clock, I lost 3lbs. of soap from the side of my door - I was told of it - I went out and took the prisoner about twenty yards off with it.
Prisoner. I was very much in liquor, and had the soap given to me.
GUILTY . Aged 27. - Transported for Life .
There was another indictment against the prisoner.
2342. JOHN POWELL was indicted for stealing, on the 22nd of September , 2 pillows, value 10s.; 1 counterpane, value 10s.; 2 blankets, value 6s.; 1 bolster, value 5s, and 1 sheet, value 2s. 6d. , the goods of William Bennett .
WILLIAM BENNETT . I live in Punderson's-place, Bethnal-green . A woman hired a furnished room of me on the 1st of September; the prisoner came to live with her, and in about three weeks I missed these articles; when he came in I asked him what he had done with my property - he said he was very sorry for taking them; he went up stairs, and gave the duplicates to Bailey, my lodger.
PETER PIGE . I am a pawnbroker. I have a pillow, quilt and bolster, all pawned at different times by a man, but I cannot say it was the prisoner, though I know he pawned there - these are the duplicates I gave.(Property produced and sworn to.)
The prisoner pleaded poverty.
GUILTY . Aged 27. - Confined Six Months .
Fountain, in Cheapside , to take to Mr. Coleman, Frith-street, East India-road - I had asked the prisoner to assist me, and he was with me when I received the parcel; I did not recollect the parcel for some time afterwards, and then I thought it must be lost.
JOHN HATCHER (Police-constable H 7). I met the prisoner on the 21st of September, at half-past ten o'clock in the evening - he had a bundle under his arm; I said,"What have you got there?" he said, "A coat;" I said,"Let me look at it;" I opened it, and found it was a new coat - he said "I brought it from my father's, and am going to my own lodgings;" I said, "I shall take you to the station;" in going along, he said, "If you will let me go I will tell you where I got it; I found it against the wooden bridge at Shadwell."(Property produced and sworn to.)
Prisoner's Defence. I worked for him all day - I saw two men running across the field as I was going home; they dropped the parcel - I took it up; I never said what the officer states.
GUILTY . Aged 19. - Confined Six Months .
OLD COURT. MONDAY, OCTOBER 22.
Second Middlesex Jury, before Mr. Sergeant Arabin.
FRANCIS BLOY . I live at Long Sutton, near Norwich , which is about one hundred miles from town. On the evening of the 17th of June, I had a gelding in my possession - I missed it the next morning from a pasture ground - I advertised it, and heard of it again in September, and saw it at Enfield on the 18th of September, in the possession of Read the constable, and am certain it was mine - I had bred it; Potts saw it last week in my possession - it was the same as I lost.
Prisoner. Q. What did you know it by? A. It had a large scar on the side of its face - there were two or three white marks on it when it was found, but they had been made since - they were on the off shoulder where the cart shifts had been on its back.
WILLIAM POTTS . My father is a farrier, and lives at Enfield. On the 20th of June, I went to the prisoner's premises to bleed a horse, and afterwards shoed it twice - my father's initials J. P. are always impressed on our shoes; I have since been to the prosecutor's, and seen the same horse there as I bled and shoed at Enfield - I knew it by the colour, shape, make, and the initials on the shoes; I am sure it was on the 20th of June that I first went to bleed it; it was then in a very low condition, and very poor; I did not notice whether it appeared to have come off a long journey.
JOHN MEAD . I am constable of Enfield. In June last the prisoner was living at Enfield - he was possessed of a horse in that month, and from information which I received, I watched him and his premises; I received information that the prosecutor had lost a horse, and took various steps to find an owner for this horse; and afterwards in consequence of information, went to the prisoner's promises, and took it out of the field; some time before that, I had seen an advertisement, in consequence of which, I spoke to the prisoner, and said "You have a valuable horse here, did you buy him?" he said "I bought him of a man at Paddington;" I said "I suppose you know the man;" he said "No - I don't;" I said "I should be very sorry to buy a horse of a man I did not know;" he was afterwards in custody on another charge, and I took the horse out of his field; Bloy indentified it, and he called it by its name, and the horse knew him - I knew it to be Bloy's by the advertisement.
Prisoner's Defence. I know nothing about it, but that I bought it at Paddington.
GUILTY . Aged 40. - Transported for Life .
There was another charge of horse stealing against the prisoner.
Before Mr. Justice Gaselee.
2345. JOHN MORRELL was indicted for feloniously assaulting Patrick May , and with a certain iron instrument, feloniously striking and wounding him in and upon his head, with intent to kill and murder him .
TWO OTHER COUNTS, stating his intent to be to disable, or to do him some grievous bodily harm.
PATRICK MAY. I live in Hartshorn-court, Golden-lane, and am a labourer . On the 23rd of September, about two o'clock in the morning, I was in Whitecross-street with St. Ledger, and met a female; I went with her to Davis-court, Chequer-alley , to a room on the ground-floor - I staid about five minutes; the woman and St. Ledger got a light - I looked round, and, not liking the place, said I should go away; I left St. Ledger behind me, and when I got to the street door I opened it, looked out, and saw some persons in the court; I heard a noise, and being a little alarmed I stepped inside the door, and in a few minutes some people forced the street door in - I put it too, but think there was no bolt to it; I then went back into the parlour, and told St. Ledger some people outside wanted to come in; he and I stood against the parlour door, to keep it too - some people came up to the parlour door; the woman, who was in the room, said she would not let them come in - she spoke loud enough for them to hear; I then heard them working at the lock - the door was broken open, or the woman opened it, I cannot say which, but presently two men rushed in - I believe the prisoner to be one of them, but being in a fright I cannot downright swear to him; I was immediately struck, and knocked down in the room, and as I laid on the floor I noticed one of the men making blows at me, and the prisoner, to the best of my knowledge, had hold of him to prevent his taking my life; the man made several blows and kicks at me, and the prisoner laid hold of him, and prevented his striking me - I did not receive much more injury till the Policeman came to my assistance; I was struck in several parts of my arms and body - I cannot say what with; it
Q. You say the prisoner prevented the other man from taking your life? A. Yes, he laid hold of him, and shook his head at him when he made a blow at me - he held him and prevented his striking me any more; I cannot say whether the prisoner gave me any blows - when they came in the other man was in such a rage he called me an Irish b-gg-r, and said he would serve me out - that he had been served out by some Irishmen, some time before, and he would serve me out; that was after I was knocked down - they had called us Irish b-gg-rs before they entered - I was stunned so that I could not exactly tell who struck me; they left the room, and the first I noticed in the room was a Policeman; I was confined to my bed eight or nine days, from the blows - the Policeman lifted me off the floor and put me on a seat; he went out - he afterwards took me into the court, and I saw the prisoner in Head's custody; I was taken to a surgeon, who dressed my head, and afterwards to St. Bartholomew's hospital - I was there eight or nine days; I had never given them the least provocation - I think I had said, "I defy you to come in;" I had had some beer that night, but knew what I was about.
Cross-examined by MR. HEATON. Q. The prisoner collared the man, and prevented his beating you further? A. Yes; he laid hold of him by the collar when I was on the floor, and I received no blows after, that I know of, if I had I think I should have known it - I had stood against the street door, as well as I could, to prevent their coming in; I then left the passage and came into the parlour, as they pushed the street door in once or twice - I then attempted to keep them out of the parlour, and two men rushed in; I put up my hands to defend myslef - I will not swear I did not lay hold of them; I did not that I know of - I might have been struck either with the poker or shovel; a heavy first might injure me as much. but I really believe it was not done with a first; it was light part of the time, and then the light disappeared.
GEORGE ST. LEDGER . I am a labourer, and was with May - we met a female, who took us to Davis'-court, Chequer-alley; she got a light - we were in the front parlour; I heard a noise - in six or eight minutes May went into the passage; the female closed the parlour door, and directly after, May told me there were some folks in the court who he did not like - I let him into the parlour; the party came and demanded admittance, and asked if there were any Irish b-gg-rs in there; we refused them entrance, but shortly after they rushed in at the front door, and in a few minutes demanded entrance at the parlour - we refused; I put my shoulder to the door to keep them out, but May rushed in - two men came in, a third was coming in, and struck me as he entered - the prisoner was one of the first two; I did not see him do any thing, as I had to defend myself against the third man - I saw nothing done to May; the girl had told them to keep out, and she would give them in charge unless they went off; I got out and called for an officer, and then the third man ran away - May renained in the room till I brought an officer there; May had given them no provocation - they had threatened they would serve the Irish b-gg-rs out; my back was turned to May; I saw nothing done to him, nor heard any blows given.
THOMAS HEAD . I am a Policeman. On the 22nd of September, about three o'clock in the morning, I was called from Whitecross-street into Davis'-court - I found the prosecutor alone in the room, bleeding from the head, laying on his back on the floor - I put him in a sitting posture, then went out, and was directed to the opposite house, where I took the prisoner in the first floor room - he was in company with three girls; he said he had not been out of the room for two hours - he was standing up, and I think had been drinking; I went and took the prosecutor to the station, and then to a surgeon - he appeared to have been beat about the head a good deal, and bleeding; I did not see a poker or any weapon about - I believe I had not told the prisoner what I took him for, when he said he had been in the room two hours; I believe he was under the influence of liquor, but did not appear drunk.
JOSEPH GREGORY . I am a Policeman. I heard the cries of Murder! and saw St. Ledger - he took me to the house; when we got to the door, the prisoner and another were coming out at the front door - he had the handle of a fire-shovel, and a quart pot, as it appeared to me; St. Ledger said, "Those are the two murderers, and I give charge of them;" the prisoner said, "If you say another word, I will split your bl-y scull, or crack it;" I looked into the room, saw May laying there bleeding, and during that time, they popped into the opposite house - further assistance came in a few minutes, and I and other officers went up; we found the door fast - pushed it open, and saw the prisoner in the room with three or four common prostitutes - there was no light in the room; Head turned his light on - I told the prisoner he was one of the party, and must go with us - his hands and jacket were bloody - the other was not there; I afterwards saw the prosecutor - he was bloody all over the head and face, and seemed in a very weak state - the prisoner said he was not the one who had any thing to do with it.
Cross-examined. Q. Did he say he was not one, or not the one? A. He said he was not one of the party who had been there; I am sure he is the man who told St. Ledger, if he said another word, he would break his neck, for I knew him by sight well.
COURT. Q. Did you notice the prosecutor's wounds? A. We both went to the doctor's, and saw them dressed; there were six cuts in his head, both in the front and back.
Prisoner's Defence. I was very much in liquor, and am totally innocent.
NOT GUILTY .
Before Mr. Baron Vaaghan.
2346. MARY HERRINGTON and EDWARD CORWALL were indicted for feloniously assaulting Thomas Price , on the 6th of October , putting him in fear, and takeing from his person, and against his will, 20 shillings and 6 sixpences, his money .Wentworth-street - we went into the parlour, and staid rather more than an hour; we had a pint of ale and a quartern of rum, which I did not partake of - another female, who I then took for a servant of the house, partook of the rum; I had been taking refreshment, but was quite collected, and knew what I was about; three or four persons sat at another table - we were at a table by ourselves; I came out to go home - Herrington followed me, and whispered to four or five men outside the door; and a few yards from the door I was surrounded by four or five men -I was knocked down, and robbed of 23s.; I felt them taking my money from my right-hand waistcoat pocket; I got up as well as I could, and heard footsteps, but could see nobody; there was a gas-lamp ten or twelve yards from me, on the opposite side of the way - the male prisoner was one of the party who assisted in robbing me, I am positive; I had a full view of his face - I described him to the Policeman, and on the Sunday, between twelve and one o'clock, I went with the Policeman; he showed me the male prisoner - I am positive of him; I had apprehended the female on the Saturday, at a house of ill fame, two or three doors from the house I went to drink at with her.
SAMUEL TAYLOR . I am a Policeman. On Saturday, the 6th of October, the prosecutor complained of being robbed; he described the girl and one of the men to me -I took him to a house, four or five doors from the Rose and Crown, and he pointed Herrington out, among four or five other girls, without any hesitation; I took her in charge, and on Sunday about twelve o'clock, I saw Corwall with some other men, at the corner of George-yard - I fetched the prosecutor, told him to walk by, and see if he knew any of them, and he fixed on the prisoner, without hesitation.
Herrington's Defence. I was at the Pavillion till halfpast twelve o'clock, and as I came home I met the prosecutor; he took me to the Rose and Crown - he kicked up a row with a parcel of men; I went away, leaving him there.
- WELCH. The prisoner Corwall has lodged with me nearly three months; he was at home on Tuesday night, the 5th of October; several poor Irish labourers slept there; Corwall came home a little better than halfpast ten, and went to bed - Whitechapel-church clock struck eleven when I locked the door; I had the key of the street-door in my bed-room all night; I found him there in the morning; we keep a lodging-house - my husband is blind; Luney has lodged with us six months - he went to bed a few minutes after the prisoner - he sleeps in the same bed.
- LUNEY. I am a sieve-maker, and lodge at Welch's. The prisoner slept there with me on the 5th of October - he went to bed first; I was in bed before eleven; I was not awake when he got up, but I was before he got up; he could not have been out at twelve o'clock.
NOT GUILTY .
Second London Jury, before Mr. Recorder.
WILLIAM HENRY ALFRED . I am a fishing-tackle maker , and live in Coleman-street . On the 31st of August, about seven o'clock in the evening, the prisoner came to my shop, and purchased fishing-tackle amounting to 5l. 14s., and offered me a 10l. cheque on Messrs. Jones, Lloyed, and Co., drawn by himself; I said I could not give him the difference; he said it was quite immaterial, if I would give him a slip of paper, he would give me a cheque for the amount; he wrote this cheque for 4l. 14s. on my counter - I have had it ever since; I presented it next morning to Jones, Lloyd, and Co., but payment was refused; he gave me his address Mr. Edward Landmann , York-chambers, St. James'-street - I went there, but could find no such name.
Cross-examined by MR. PHILLIPS. Q. Are Yorkchambers an extensive range of buildings? A. I did not go into them, but rang the porter's bell - I had known the prisoner about seven years ago; he then bought a few articles, which he paid for; he called about fourteen months ago, and asked me to trust him for some tackle; I said we did not give credit - I did not recollect him till he made himself known to me; he said he had been abroad, and in Ireland part of the time; he was in a counting-house in Finsbury-square, I believe, when I dealt with him; he took these goods with him.
JOSEPH SARJEANT . I am a clerk to Jones, Lloyd, and Co. I know the prisoner - he had no account with us on the 31st of August; he had an account once, but drew his balance out on the 19th of March, 1831; the draft in question was presented to me.
Cross-examined. Q. How long have you known him? A. Since 1827; he had a large account at our house; his returns might be 20,000l. in 1827, and in 1828, 40,000l.; that was not a balance; I did not know his father - this is his pass book (looking at it) - it goes from 1827 till the 19th of March, 1831 - his balance on the 25th of December, 1827, was 1095l., and on the 16th of May, 1828, 90l.; he drew that out by two drafts; he drew nothing in 1827 and 1830; the balance in 1829 was 4l. 10s. 3d., and he had the same balance at Christmas 1830 and 1831- the last transaction was on the 11th of June, 1828; the balance was against him then; he had overdrawn 35l. 8s. - he paid in something after that.
Mr. PHILLIPS addressed the Court and Jury on behalf of the defendant.
GUILTY . Aged. - Transported for Seven Years .
CHARLES LEYTON . I am in the employ of Charles Frederick Cook , a bookseller of Fleet-street . About a week previous to the 9th of August, the prisoner came to the shop - he said his name was Landmann, and he had come respecting a debt that was in our books, in 1827 - I did not know him in 1827; he said, if I turned to the books, I should find it so - I did so, and gave him a memorandum of a book, which came to 1l. 8s. - he said, "That is right, I shall want more books, I will call in a week, and pay for them - you had better give me a catalogue;" he came on the 9th of August, selected books, which came to 2l. 5s., and after farther conversation respecting business, he said "Well,
Cross-examined. Q. Had you enough money to change the 10l.? A. Yes; if it had been a Bank note I should have given it all; I had strong suspicions; as I had no adviser in the business, I did not like to give the change.
Q. Perhaps you gave the 3l. rather from his genteel manner than from the cheque? A. No; I thought I should take more on myself than I ought if I gave the whole, as it was not a Bank note, and thought if it was not good, I should be no greater loser - I have not got the books back.
JOSEPH SERGEANT deposed as on the former trial.
GUILTY . Aged 30. - Transported for 7 Years longer .
First Middlesex Jury, before Mr. Recorder.
2349. RICHARD CLARKE was indicted for breaking and entering the dwelling-house of Thomas Prior , on the 14th of October , and stealing 1 watch, value 1l.; 4 seals, value 8s.; 1 key, value 1d., and 1 shirt, value 3s., his property .
THOMAS PRIOR . I live in Quaker-street, Spitalfields , and am a tailor - I rent the whole house, and live there alone. On Sunday evening, the 14th of September, I went to bed at six o'clock precisely - my door was fastened with a spring-lock, but it has no bolts; I examined it with a candle before I went to bed - I have known the prisoner many years; he was in the habit of coming to my house till within a few months; about ten o'clock I awoke, and discovered him holding his hand over my head - I sleep in a press bedstead: my watch lays on the bedstead; he had a candle in his hand - I knew him perfectly well: his hand was reaching over to the top of the bedstead, where the watch was, with my snuff-box and brooch; I said,"You thundering villian, is it you? is it possible, Dick?" and he went out with the rapidity of a shot, down stairs; I found my watch was gone, and when I got down stairs the sideboard drawer was half open; I missed a shirt from it - I have not found any of the property: I went with the Policeman about one o'clock on the Tuesday, and took him at his lodging in a little court in the Minories.
Cross-examined by MR. BODKIN. Q. Are you any relation to the prisoner? A. He is the son of a half sister of mine; I often go to bed early - I had dined at a friend's, and left there at a quarter-past two o'clock; I drank once out of a pot of beer, but had no spirits - I then went home and read; I had dined in Fashion-street - I drank nothing at home but tea; the prisoner has seen my watch on the bed when he has called - I did not exactly know where he lived; I knew the neighbourhood: I inquired at the different pawnbrokers for my property on the Monday - I told his father of it on Monday morning - he did not live with his father.
EDWARD BILSTON . I am a Policeman. On Sunday evening, a little after ten o'clock, Prior came to me, and stated this to have happened about a quarter of an hour before - he gave me the name of the person; I went with him on the Tuesday, to No. 2, Golden Fleece-court, Minories; the prisoner denied the charge, and said he could prove he was at home; there was an altercation between the prisoner's father and the prosecutor, respecting a younger son of his.
Cross-examined. Q. What about? A. He was to inquire through the younger son to trace the watch.
MR. BODKIN called
JANE CONWAY . I am a pew-opener of Aldgate church, and have been so for ten years. The prisoner lodged at my house in Golden Fleece-court. On the evening of yesterday week he was at Mrs. Jones', which is five minutes' walk from our house, till half-past nine o'clock - he came in about five minutes to ten, and went to bed; he did not go out any more.
COURT. Q. Do you know where Prior lives? A. Yes, it is about five minutes' walk from our house; I saw the prisoner come in - I looked at my clock, and it wanted five minutes to ten o'clock; I had to get up early to go to work, and gave the watchman 1d. to call me, and when he called ten, the prisoner and his wife were in bed.
- JONES. My husband works at St. Katharine's-docks - I live at the King's Arms, Shoreditch, about five minutes' walk from Conway's. Last Sunday week the prisoner was at our house all the evening, with his wife and three children; I let them all out while the watchman was calling half-past nine o'clock.
NOT GUILTY .
2350. ELLEN ALLINSON and SARAH GIBBS were indicted for feloniously assaulting Eliza Langley , putting her in fear, and taking from her person, and against her will, 3 shillings, and 1 handkerchief, value 2s., her property .
ELIZA LANGLEY. On the 18th of October I lived in Manger-street, Hoxton. I was returning from the City about half-past ten o'clock in the evening, and looked in at a shop window in the City-road, at a collar, which was marked 1s. - two girls were behind me; I had 3s. tied in a corner of my handkerchief; I took one out, meaning to buy the collar, but it began to rain - I untied the handkerchief, and replaced the shilling: I walked on - the two girls followed me; they were quite strangers: when I gotVinegar-yard , which is about one hundred yards from the shop, one of them snatched the veil off my bonnet; the other came behind, pulled my shoulders back, and struck me - then they snatched the handkerchief out of my hand, the 3s. were in it at that time; they ran away, and I after them; one was before the other - I called a Policeman; they were in sight then, and nobody was running near them; the Policeman took the both, before I lost sight of either of them; I am certain nobody did it but them - nobody else was near me; I did not find my money or handkerchief - I am an unfortunate girl.
GEORGE HARRIS . I am a Policeman. The prosecutrix called me, and said she had been grossly insulted - she was crying, and said a handkerchief was taken out of her hand, with 3s. in it; I went with her - she pointed the prisoners out, and I took them; there was a young woman walking with one of them - I saw no other woman near Langley; the property has not been found.
Gibbs. Q. Did you take us together? A. No, they were one hundred yards apart - one was running, and the other walking - they appeared going away from the prosecutrix; one was in the City-road, the other about twenty yards down the Eastern road.
Allinson's Defence. I had not seen her till she gave me in charge - I came out of a public-house, and met her and the Policeman; I stood looking at her, having lived with her once, and she pointed me out; since I have been in prison, I have heard of the persons who took it.
Gibbs' Defence. I was not near her; I was at the end of Pitfield-street when it happened.
MARY ANN WEAVER . I live in Henrietta-street, Cityroad, and am an unforunate girl. I was in the City-road, and saw Langley and several females at high words; the prisoners were not there; I saw Langley very ill-used - I then went up the City-road, and saw the prisoners; I did not interfere when Langley was ill-used, for they were all very much in liquor - I think Langley was in liquor from her appearance; I was close to her on the pavement, and they were on the curb - the prisoners were not there -Langley had a handkerchief in her hand; I do not know how she lost it - whether the prisoners came near her after I left I cannot say.
JULIA BELLAMY . I live in Henrietta-street. I was in the City-road between ten and eleven o'clock, and saw Allinson - Gibbs was not there; I saw Langley, and some women pushing her about - a person named Rebecca pushed her off the pavement; Allinson was by - I did not see Langley near a shop: I staid till the last of it - she told me she had lost three shillings and a handkerchief directly after Allison went away, and then there was an alarm that she was robbed; I saw Allinson and Rebecca pushing her about - they were taken afterwards, but not in my presence- Langley did not complain to me of being robbed till after they were in custody; there were a great many round her, women and men - a woman said to the girls, "Why don't you let her go about her business?" and they let her go - she went on, and Allinson and Rebecca followed her; I did not follow to see what they did.
NOT GUILTY .
NEW COURT. MONDAY, OCTOBER 22.
Sixth Middlesex Jury, before Mr. Common Sergeant.
MATTHEW YARD . I am an ostler to Mr. Clare, of Lisle-street , a horse-keeper: the prisoner was in the employ of Dr. Thomas' coachman in the same yard - I left a whip in a closet in my stable on Tuesday, which was Barnet fair day.
JOHN EVERETT . I am a helper in Mr. Newman's stable, in Great Newman-street. I received a duplicate of a whip, pawned at Ashmore's, in Long-acre; it was on a Saturday, about the 9th of September - Long employed me to get it out of pawn; I paid 1s. 11/2d. for it.
JAMES SCANDLAN (Police-constable C 77). I produce the whip, which I got from Yard, who had it from Everett; I was on duty in Great Newman-street on the 9th of September, and took Everett - I saw the prisoner on the Monday following, and took him.(Property produced and swron to.)
Prisoner. It was my intention to get the whip back again.
GUILTY . Aged 18. - Confined One Month .
2352. ELIZABETH CLARK was indicted for stealing, on the 26th of September , 1 coat, value 1l. 15s.; 1 pair of boots, value 15s.; 2 gowns, value 12s., and 2 spoons, value 16s. , the goods of William Adams Wadsworth .
WILLIAM ADAMS WADSWORTH. I live in Harpur-street, Red Lion-square - the prisoner was my servant . On the 26th of September I mentioned to her that a coat of my brother's was missing; she went up stairs under a pretence of looking for it, and went away - we then missed the gowns, spoons, and other articles; she was brought back in custody on the 29th.
GEORGE PAINE (Police-constable E 1). I apprehended the prisoner in Queen-square; I asked if she knew what I wanted her for - she said Yes, and she wished she had been taken before, she knew she was guilty - I found on her five duplicates.
GEORGE CHAPMAN . I am in the service of Mr. Nicholls, a pawnbroker. I have two gowns, a pair of boots, and a spoon, pawned by the prisoner on the 15th of September, in the name of Ann Clark ; I lent 22s. on them - these are the duplicates I gave.
Prisoner's Defence. I would have got them out again when I had my wages, which would have been in a few days.
MR. WADSWORTH. I imagine there would have been 2l. 10s. due to her in a few days.
GUILTY . Aged 30. - Confined Six Months .
WILLIAM FUTMAN was indicted for stealing, on the 9th of October , 24 feet of fir timber, value 4s. , the goods of William Deacon .
DANIEL RIERDON (Police-constable N 156). I was on duty at Chelsea on the night of the 8th of October; I met the prisoner with a piece of timber on his shoulder - I asked where he was going; he said he had purchased it in Westminster for 2s. - I asked him how much there was of it; he said he did not know - I asked what he gave a foot for it - he said 21/2d.; he was upwards of two hundred yards from the prosecutor's.
JAMES GRUBB . I am in the prosecutor's employ. I recollect this piece of timber - it had been brought to my master's the afternoon before; I saw it again at the Policeoffice - I examined it, put the pieces together, and they made the log complete; it is worth about 2d. a foot, and there were twenty-four feet.
Prisoner's Defence. I met a friend, who gave me a little to drink, and I did not know where I was.
The prisoner received a good character.
GUILTY. Aged 30.
Recommended to Mercy by the Prosecutor .
Confined One Month .
2354. MARY ADAMS was indicted for stealing, on the 24th of January , 1 quilt, value 3s.; 2 sheets, value 5s. 6d.; 1 blanket, value 3s. 6d., and 1 saucepan, value 1s. 7d. , the goods of Robert Pring Snell .
SARAH SNELL . I am the wife of Robert Pring Snell - he is a chandler . On the 23rd of January the prisoner hired a furnished room at 4s. a week; she paid 6d. earnest - these articles were in the room, and I showed them to her; on the following morning I went up and found the door open, and the things gone - I did not see the prisoner till the 24th of last months, when she came of her own accord; I said, "You have robbed me, why don't you go away;" she said, "I have stolen your things;" the Policeman was going past at the time, and I gave her in charge - I said, "What a foolish girl you must be;" she said, "I came on purpose to go out of the country -I am tired of living in this country."
Prisoner. I lived in her room for a week afterwards. Witness. Not to my knowledge; you said you had been away all the time.
JURY. Q. What house is this? A. I cannot say any thing in favour of it.
GUILTY . Aged 18. - Transported for Seven Years .
SARAH ROBERTSON . I am the wife of James Robertson - we live in Great St. Andrew-street, Seven-dials . On the 18th of August I was at the door - the prisoner came, and made herself known to me; I had not seen her for some years - she said she had been about the neighbourhood, and was faint and hungry, and had no bonnet or shawl on: she wished me to let her come up stairs and sit down - she stopped to dinner and tea; we had the saltcellar at dinner - she stopped till after dark; I missed the carpet and salt-cellar the next morning - I met her two or three weeks afterwards, and had her taken.
Cross-examined by MR. CLARKSON. Q. Were you in the habit of drinking gin together? A. We drank some that day - we had only one quartern; it was an old glass salt-cellar, but one I did not wish to lose - I am quite sure it was not pawned to get the gin; she left my apartment about eight o'clock in the evening - my husband was not at home; I swear she did not dine with me the day afterwards - she called, but I did not see her.
CHARLOTTE HEARN . I am fourteen years old; I live with my mother - the prosecutor lodges there. On Sunday morning, the 19th of August, the prisoner came and asked for Mrs. Robertson - she went up stairs; she had nothing with her then; I went into our shop, and in a short time saw her coming down with a carpet under her arm - she went into the street; I thought she went to shake it - I told her not to shut the door, as I was going down stairs, and should not hear her knock to let her in again - she did not return.
MARY SPRIGGS . I am twelve years old - my father is a baker, and lives in Middle-row. On Saturday, the 18th of August, I was going by a shop in King-street, next to St. Andrew-street - Mrs. Adams keeps it; the prisoner went and asked her if she would buy a salt-cellar; Mrs. Adams offered her 2d. for it - it was in the evening.
The prisoner received a good character.
GUILTY . Aged 26. - Confined Ten Days .
JAMES PAYNE . I live in Easton-street, Clerkenwell . On the afternoon of the 16th of October, I left my shop, with the door closed; I was gone about ten minutes - on my return I saw the prisoner and another boy in the shop- they came in for a halfpenny worth of milk - I then missed a watch - the prisoner was gone, but his companion still remained - I went after the prisoner, and saw him, just before I came up to him, put his right hand into his breeches pocket, take out the watch, and throw it away -I went to the spot, and my mother took it up - it was in a gateway, about one hundred yards from our house.
Prisoner. There were other boys running up the street at the same time. Witness. There was no one either walking or running at the time.
GUILTY . Aged 18. - Confined Six Months .
SARAH WARBOYS . I am the wife of James Warboys . The prisoner lodged a fortnight with me - I missed some articles, and gave her into custody - her husband came as a lodger, and asked me to allow her to lodge with me till they could get a situation - he is still there. - I have drank with the prisoner, but she was sober when she was taken.
NOT GUILTY .
DAVID NAGLE (Police-constable S 97). On Friday, the 28th of September, I was standing by Euston-place, and received information, which led me to examine a vault in Gordon-street; it was one of a range of vaults, not covered with houses - I found the prisoner and another in the vault; the other ran away - the prisoner had this roll of silk in his hand; I asked if it belonged to him - he said it belonged to the young man who ran away.
Cross-examined by MR. PHILLIPS. Q. Is the person who informed you here? A. I do not see him - he gave his name as Harman; I took the prisoner with this silk in his possession, the other man had not hold of it at all.
SCROPE FOWLER . I am in the employ of Mr. Giles Redmayne , silk-mercer , in New Bond-street . In the afternoon of the 28th of September I saw the prisoner in the shop; he asked for some silk patterns - the apprentice cut him some; he returned in ten minutes, and said he wanted enough for a full dress for Mrs. Millington, of Bond-street: he said he had lived there two days - I gave him this piece; he went out - the clerk told me to watch; I went, and saw him go over - he rang the bell, and went in - the clerk was not satisfied, and he went to Mrs. Millington's; there were not less than thirty-five yards on the roll - I gave it to him, supposing him to be servant to Mrs. Millington; I gave him no credit - I intended Mrs. Millington to take the quantity she wanted.
Cross-examined. Q. What is the quantity for a full sized dress? A. From twelve to fifteen yards.
COURT. Q. You saw him go in at Mrs. Millington's door? A. Yes, and then I thought it was all right, but I had my suspicion at first.
Cross-examined. Q. You would not have given it him at all, if he had not used Mrs. Millington's name? A. No, she is a customer almost every day.
COURT. Q. Do I understand you that if he had not entered Millington's house, you would have seized the property? A. Yes, certainly; I did not mean absolutely to part with it to Mrs. Millington, unless I had met with something farther to induce me to believe he came from her; but when I saw him go in there, my suspicion was at an end.
NOT GUILTY .
ANN FRENCH . I am fourteen years of age; I live in the house of Mr. Reynolds. On the 15th of October a man came to the shop; I was in the parlour - he took the cheese out of the window; I did not see his face - he was a short man, with a blue coat and brass buttons.
WILLIAM REED . I am servant to Mr. Pitts; he lives next door to the prosecutor. On the evening of the 15th of October, I saw the prisoners there, close against the window, looking in at the shop - they went on a little farther, turned back, and looked in again - I went out, and saw no more of him; I returned in about ten minutes, and heard there was half a cheese stolen - I had often seen the prisoners together.
NOT GUILTY .
ELIZA LYNN . I am eleven years of age; I am the daughter of Israel Lynn . I was in Ball-alley on the 30th of September; there were some boy s in the street - the prisoner was one; I had a handkerchief about my neck - the prisoner stopped me, and took it off, while two more held me; I spoke to a gentleman, and he ran after the prisoner, who had a gone away with the handkerchief - he was brought back with it; it belonged to Mr. John Broom.
Cross-examined by MR. PHILLIPS. Q. What time was this? A. Half-past nine o'clock in the evening; it was rather dark - I was very frightened; the person who took the handkerchief came behind me - there were about five or six boys; I do not think I should know them all again.
GEORGE DEWAR (Police-constable S 151.) I was in Long-alley on the night of the 30th of September - I saw the prisoner come from Ball-alley; he had this handkerchief in his hand - he threw it away as soon as he saw me; I stopped him, and took it up - he begged of me to let him go, and said he would never do so again.
GUILTY . Aged 13. - Whipped and Discharged.
2361. JAMES DAY was indicted for stealing, on the 9th of September , 3 glazed window-sashes, value 3l., and 1 glazed sash-door, value 30s., the goods of William Davis , and fixed to a certain building .
HENRY WHITE . I am agent to Mr. William Davis, of Bouverie-street - he has some houses at Bromley ; some of them are empty. At half-past six o'clock on the night of the 9th of September I locked them all up safe; and at half-past nine the same night a Policeman spoke to me, and I went to the corner house, in Henry-street - the Policeman unlocked the door, and we went in; I found eight squares of glass taken out of the back door, and some out of the sashes in the back parlour; the lines were cut, the sashes taken out of the frames, and the glass cut out, and laid on the sideboard; we found the prisoner in the cellar- the property was worth about 4l. 10s.; it belonged to William Davis - the beads of the back parlour window had been taken out, and the sashes were in the room.
JOHN BRADY (Police-constable K 68.) I found the knife on the prisoner, and this chisel we found at the cellar entry, where the persons came out to make their escape - there were two persons there - one made his escape, and the prisoner was coming out; I went up to him, and told him if he came out I would split his head - he then went back into the cellar, and pretended to be drunk; this glass was taken out of the next house; the knife was in his pocket, with some fresh putty on it.
Prisoner I have been out of employ a long while, and slept in these buildings for three or four weeks - I went to sleep in the house where I formerly used; I saw a light, and thought it was let - I went to the next house, they came, awoke me, and charged me with stealing glass.
GUILTY . Aged 24. - Transported for Seven Years .
JOHN HUNTSMAN . I live in Dorrington-street, Brookes'-market . On the morning of the 3rd of October I saw the prisoner at Mrs. Leigh's door, which is next door to mine - I heard it open, and saw the prisoner come to the door, and look out both ways very sharp - he had a bundle under his arm, and when he came out, he turned to the left; I went to Mrs. Leigh, and made inquiry; I went and took him in Baldwin's-gardens, with the counterpane, and when he came back he sat down, unbuttoned himself, and took the sheets off his body.
GRACE LEIGH. I am a widow . I live in Dorrington-street; the prisoner came to lodge with me on the 2nd of October, and the next morning he left - these things are mine, and were in the room he occupied that night.
The prisoner pleaded poverty.
GUILTY . Aged 39. - Confined Four Months .
GEORGE BATES . On the 20th of September, in the evening, the prisoner came to Mr. Beloe's shop - he is a linen-draper in Clare-street, Clare-market - there was another young woman with her; when the prisoner left the shop, I followed, and found under her arm, this piece of ribbon; it might have been a yard, or a yard and a quarter from where she stood; she had not asked for ribbon - it has our mark on it.
Prisoner's. I have no recollection of taking it - a person went with me with the intention of buying a pair of gloves, and some ribbon; I had no thought of taking it till it was taken from me - we had been drinking together - I had it in my hand.
GEORGE BATES. No - it was under her arm, and under her shawl.
WILLIAM BELOE. This is my ribbon; they both appeared sober - I had not sold the prisoner any thing; the other had a pair of gloves; I do not remember what was paid for them.
GUILTY . Aged 25. - Transported for Seven Years .
GEORGE MASON. I live in Gray's Inn-passage , and am a bookseller . About nine o'clock in the morning of the 27th of September, I was standing in my parlour at the back of my shop; I saw the prisoner come up to my window, take two books off the shelf, and run away with them; I pursued, and took him twelve yards from my house, with them under his coat; they were taken from the shelf, which is about a foot from the window, which was up; I was watching myself.
GUILTY . Aged 22. - Transported for Seven Years .
ELIZABETH NORTON . I am a widow , and live in Baldwin's-gardens, Holborn . The prisoner and a man rented a furnished room in my house for six weeks; they both staid there together - I missed them one Wednesday, and on the Thursday I went to get my rent, I found the key put under the door, and missed a quilt and blanket - they have passed for husband and wife for six years in the parish; the duplicates were on the chimney-piece - they left on the 11th of September.
HENRY LONG . I am shopman to a pawnbroker. I have a blanket, pawned on the 25th of July, and a quilt on the the 27th of August, by the prisoner - there was no one with her; these are the duplicates given for them.
RICHARD BAYLIS (Police-constable G 67). I took the prisoner, and asked her how she came to pawn the property; she said she knew she had pawned them, but intended to redeem them; I took the man she lived with, but he was discharged - he said she was not his wife, and the prisoner said she had another husband living, but had been living with this man, whose name is Burke, for ten years; he was then released - these two duplicates were found at the place.
GUILTY . Aged 32. - Transported for Seven Years .
GUILTY. Aged 50.
Recommended to Mercy by the Prosecutor .
Confined Three Months .
JOHN OLIVER . I am a shoemaker , and live in Augustine-street, St. Pancras . The prisoner lodged in my house for about a fortnight; in the morning of the 11th of October I left the house, with the prisoner in it - I afterwards missed him, and two pairs of woman's shoes, which had been in
Q. But did not the prisoner tell you where they were to be found? A. No; I made inquiries about the first pair, and at the office he said he pawned one pair at Mr. Bailey's, and one in Camden-town.
Cross-examined by MR. PHILLIPS. Q. Did you tell him if he would tell you what he had done you would not prosecute him? A. No, I did not, nor did I send such a message by Southerden - I had some conversation with him, but did not send any message to the prisoner; I had no quarrel with him.
Witness for the Defence.
GEORGE SOUTHERDEN . I work with my father, a tin manufacturer, on Holborn-hill. I saw Oliver after the charge against the prisoner; but before he was taken up; I was standing looking into the prisoner's father's shop -Oliver came up, and asked me if I had seen John Hall; I said I had not, but I heard he had been to our house; I walked with Oliver to the Crown and Anchor - he told me, if I should see the prisoner, to tell him, if he would come back and confess, and beg pardon for what he had done, he would forgive him, and he should have work and victuals the same as he had before; I met the prisoner, and told him that - he went to the prosecutor, and I with him; there were some gentleman there; I asked if Oliver was at home - they said he was out, but would be in at half-past ten o'clock - I told the prisoner that, and he went to Augustine-street, to have a pint of beer - in going down the street I met Oliver, and told him I had seen Hall; he asked where he was - I told him, and said, "I hope you will forgive him, he will never do the like again;" he went and took him in the public-house.
Cross-examined. Q. Do not you know that these two young men had been to your house? A. No; I told Southerden I was in pursuit of the prisoner - I saw him looking in at the window, and asked if he had seen him, and he said he had not; I took the prisoner about two hours afterwards.
JURY. Q. Did you not expect he would produce the prisoner in consequence of the interview? A. Not at first; I told him I had been robbed.
The prisoner received a good characcer.
GUILTY . Aged 17. - Confined One Month .
2368. LOUISA JONES was indicted for stealing, on the 13th of September , 1 hat, value 8s.; 1 coat, value 18s.; 1 waistcoat, value 4s.; 2 gowns, value 6s.; 11 yards of printed cotton, value 5s.; 3 handkerchiefs, value 5s.; 1 scarf, value 2s.; 1 night-gown, value 1s.; 2 gold pins, value 3s.; 1 pair of ear-drops, value 2s.; 1 pair of sheets, value 5s., and half a yard of silk, value 1s. , the goods of George Rowlett .
MR. CLARKSON conducted the prosecution.
LOUISA ROWLETT . I am the wife of George Rowlett; he lives in Broad-court, Holloway - he had been in the country. On the 6th of September I left home, securing my house, and left the key with Edward Roberts ; I returned on the 13th of September, about eight or nine o'clock in the evening - I applied the key to the door, and it unlocked upon the single lock; I had left it double locked - I got a light, examined the premises, and found the place all in confusion, and the things all pulled about: I missed all these articles - the prisoner lived in the same court, with her father and mother.
Cross-examined by MR. PHILLIPS. Q. Did there appear to be any violence used to any of the drawers or places? A. No, none were broken open - the prisoner's father and mother removed the following week; they live in the neighbourhood still.
EDWARD ROBERTS . I received the key from the prosecutrix - my wife gave it her on the 13th of September; I had not parted with it - it remained where I had hung it; my mother and wife live there; the house must have been entered by another key.
GEORGE BARBER . I am a pawnbroker. I have one shirt, pawned on the 11th of September for 1s., one shirt for 2s. on the 12th of September, and on the same day, one coat and waistcoat, for 6s., all by the prisoner; and on the same day, one handkerchief for 2s., in the name of Jones, not by the prisoner.
Cross-examined. Q. Do you know the woman who pawned the handkerchief? A. I had seen her about - it was not her mother who pawned the handkerchief; the prisoner had been in the habit of coming there, but she gave a false address, No. 3, Elder-walk, and a false name of Evans - her father had been in the habit of coming; I have not seen either of them since.
WILLIAM SMITH . I am an assistant to a pawnbroker. I have a gown and handkerchief, pawned at two separate times on the 11th of September - one by the prisoner, but I cannot say who pawned the other; it was a woman - the prisoner pawned the gown in the name of Ann Evans, No. 3, Elder-walk, and the other was in the name of Ann Wade , Lower-street - Broad-court is about a mile and a quarter from our house.
Cross-examined. Q. Have you any recollection of the appearance of Ann Wade? A. No, I did not take it in; the person who took it in did not identify the prisoner.
ROBERT DEIGHTON . I am a pawnbroker in Upper-street, which is better then a mile from Broad-court. I received a gown and shirt for 2s., pawned in the name of John Brown - I do not know by whom; I saw the man.
DANIEL COLLEY . I am a pawnbroker, and live about a mile and a quarter from Broad-court. I have a bedgown, and one yard of cotton, pawned by the prisoner, on the 12th of September, in the name of Mary Allen, Duddy's-rents, for 1s.(Property produced and sworn to.)
NOT GUILTY .
2369. ELLEN KELLY was indicted for stealing, on the 3rd of September , 1 cloak, value 1l.; 1 gown, value 12s.; 1 shawl, value 2s.; 1 table-cloth, value 1s., and 1 key, value 6d. , the goods of Ann Busher .
ANN BUSHER. I live in Church-street, Bethnal-green ; I am single . On the 13th of September, in the afternoon, I had occasion to go down stairs, leaving my room door open - I went up in about three minutes, and found the prisoner about half a yard in my room; this property was taken out, and laid on a chair near the drawers, which were then open - I had left them closed; I missed the key out of my room door - I asked why she was there, and she asked for a name which I cannot recollect, and said she was not doing any thing; I asked her how the drawers came in that state - she said a boy had done it, and he had given her 2d. to stay there till he returned; I asked who had got my key, and had opened the door, and she said the boy - an officer was sent for, and she was taken; there was nothing missing from the room; I have since found my key - she was a stranger.
Prisoner. I did not say he had given me 2d., but he said he would when he came back. Witness. Yes, she did; I am sure I had not taken the things out of my drawers - my room is up two pairs of stairs; I know nothing of another key.
JOHN LAWRENCE McDONALD . I am an inspector of Police. I took the prisoner, and found on her these two keys between her frock and her stays - one of them is Mrs. Busher's; they were tried to the door, and this one opened the door, and is Mrs. Busher's; she lived near half a mile from the prosecutrix's.
Prisoner's Defence. The boy gave me the two keys, and put them down my bosom; I did not take her things -I did not know the boy - he took them out of the drawers, and laid them on a chair; he told me to go up, and told me it was his room, and to mind it till he came back, and then he would give me 2d., and told me to mind the keys.
GUILTY. Aged 9. - Judgement Respited .
MARGARET MULHERNE . I am wife to George Mulherne, a tailor - we live in Monmouth-street ; the prisoner hired a furnished room in our house, and on receiving information on the 19th of September, I found the prisoner and another person in my bedroom - the other woman went down stairs; I caught the prisoner with the feathers in her apron, going into her own room; she said the other woman cut the bed up, and she took them in her apron - that they had pawned a pillow, and were going to make another pillow - there was a cut in the ticking, and feathers strewed about the room.
Prisoner. She did not find the feathers on me - I gave her the key, and she went into my room.
MARGARET MULHERNE. Yes, she had them in a white cloth, and was going up stairs into her own room with them.
Prisoner. McDonald was employed by the prosecutrix to make the beds, and I thought she was authorized to take the feathers out.
GUILTY . Aged 26. - Confined Six Months .
WILLIAM FARRINGTON . I am a baker , and live in Tooley-street - the prisoner was my journeyman ; his business was to carry out bread and flour, and to pay me the money he received each day; he has paid me money from Mrs. Caress at different times, but did not pay me 16s. 8d. On the 25th of September I asked him about it, and he said Mrs. Caress had not paid him - he left on Saturday.
Prisoner. Q. What money did I pay you on the Saturday, previous to my leaving? A. I believe you paid me for the bread she had had on the Wednesday and Thursday; I sent him to the City to buy a summons; I received some sugar and currants, which I told him to bring from Mrs. Caress', and he said he would settle with me; he said that Mrs. Caress had not paid him for three pecks of flour and sixteen loaves, and 1s. worth of small bread - he has no demand against me for wages.
NOT GUILTY .
HUGH BEERS. I keep the King and Queen public-house, at Kensington . The prisoner was in my parlour on the 7th of October; I opened the back door to let him out at twelve o'clock at night - I saw this picture under his coat - he came in with two other men; one had a bundle, with some bread and meat in it, and the other had a pot of mine, with some beer in it.
Prisoner. I had it in my hand; a young man there had two bundles, and this picture laid beside him - when the landlord came and asked me to go out, this man took up the bundles, and under them was this picture; he said,"Take it up" - I took it, and went to the door - the landlord asked what I had; I said, "A picture;" I thought it belonged to the man.
GUILTY *. Aged 29. - Transported for Seven Years .
Bishopsgate-street ; she asked me to go home with her - I refused - while we were talking she took hold of my hand, and felt my waistcoat and trousers pocket - we talked for a minute; I was then going home, and found I had no money; the Policeman soon after stopped me, and asked what I had lost; I said 4s. or 5s.; he told me to go on one side of the way; he went on the other, and we found the prisoner - I had 4s. and some halfpence in my pocket, and it was all gone.
JOHN GREEN (Police-constable H 91.) I was at the top of White Lion-street - I saw the prisoner and the prosecutor on the opposite side of the way, in Norton-falgate; I saw the prisoner leave him; I had suspicion. and asked if he had lost any thing; we took the prisoner near Spitalfields-market; I told her I wanted her for robbing a person in Norton-falgate - she denied it, but I saw her hand was closed - I seized it, and took out of it 4s. and come halfpence; she said, "Give me 2s., and I will throw it away, and that will puzzle him;" I said I would not - she then said, "Throw it all away, or give it to me, and I will;" I said I would not; she said "Then it will lag me."
Prisoner. I was counting some money when he came up; the prosecutor said he had lost 5s. or 6s.; I had 41/2d. in my hand, and three half-crowns - I had changed a 5s. piece. Witness. She said so at the office, but not before.
Prisoner. The prosecutor said I was not the girl, and then he said I was; I told him to go to Mr. Fulcher's, and inquire if a girl had not changed a crown piece.
GUILTY . Aged 20. - Transported for Seven Years .
EMMA WILLMOTT . I am an unfortunate girl, and live in Windham-street . On Saturday week my servant was at my door; the prisoner spoke to her, and walked into my lodging - he walked into the parlour, and while he was there I was called into the passage by the servant; the prisoner and I then went up stairs; while we were there my comb fell out of my hair, and the prisoner was moving it with his foot, to push it under the bed-curtain; I then recognized him as being a person who had robbed me once before; I got up, opened the door, and found a paper which had been in my purse - I went down stairs; the prisoner followed me; I begged him to give me my purse -I told him there was no money in it, only bills - he then went into the parlour, and threw it on the table - I thought he had something else, and I went out into the street after him to try to get an officer; a gentleman detained him while I got an officer, who took my thimble from the prisoner - it had been on the parlour mantel-piece, and my purse had been on the stairs.
Cross-examined by MR. CHURCHILL. Q. Had you had no dispute with him? A. No; we had made no agreement - he had not given me any thing; we were not up stairs more than five minutes; I was sitting by the side of the bed when the comb fell out of my hair - he did not pull any of his clothes off - my servant was in the kitchen when the prisoner went out - he opened the door himself.
EDWARD EAGLING (Police-serjeant D 12.) I was in Quebec-street, and heard the alarm - I went up, and saw the prisoner running; I took him; he said it was for a bawdy-house row, and he was pursued by the bully to get money out of him; I found on him this thimble, a very indecent picture, and some other things - he refused to give any account of where he lived; the prosecutrix owned this thimble, and said he had stolen the purse, but did not take it out of the house; he was very loathe to let me search him.(Property produced and sworn to.)
NOT GUILTY .
GEORGE CHAPPEL . I am foreman to Mr. Thomas Vincent - his manufactory is in Silver-street ; the prisoner was employed there as a carpenter . On the morning of the 15th of September, I went into the yard, and found him in the privy; I pulled open his great coat, and saw some pieces of paper in his pocket; I said, "What are these?" he said, "Only a few pieces of paper," I said they cost me a great deal of trouble; I found forty-eight yards of paper in his pocket, and a quantity more at his lodging - the whole is worth about 37s., but we have lost 50l. or 60l. worth.
Prisoner. I was in great distress.
GUILTY . Aged 36. - Confined Six Months .
ANN DOWLING . I am the wife of James Dowling, a hair dresser - we live in Drury-lane . On the 23rd of September the prisoner came to hire a furnished lodging of us - there was a person with her, whom I did not know; I was in bed, but I got up, and the prisoner hired a room; I missed the copper out of a cupboard in the room where they had had dinner, after they had gone into their own room, and staid all night; on the Monday morning I charged the prisoner with having this copper - she strongly denied it; I wished her to deliver it up, and have no further trouble, but she would not, and I was obliged to call in the officer; we found 3s. in copper on her, and I found two halfpence on her which I know.
Prisoner. After we went into the room, and had dinner, and after we had been out of the room for some time, you came to us and said you had missed a 5s. paper of halfpence, and after that you allowed us to have our tea, and remain there all night in the house.
Witness. Yes; there were 18s. in copper in the cupboard, and there was one 5s. paper missing; I wished her to deliver it up, and kept them in the house till the next morning.
WILLIAM RANDALL (Police-serjeant F 8). On the morning of the 24th of September, I was called in; I charged the prisoner with stealing the money - there was a man with her; I searched the prisoner, and found on her 3s. in copper, and on the man 2s. 51/2d. - these two halfpence were found on the prisoner.
GUILTY . Aged 23. - Confined One Month .
JOSEPH PEACHEY . I am a pawnbroker, and live at the corner of Old-street. On the 1st of October the prisoner brought into our shop this bowl of a spoon, and asked if it was silver - I told him it was, and asked how he got it; his answers were so unsatisfactory, that we gave him into custody.
EBENEZER GOLDING . I am a boot and shoemaker , and live in Long-lane . This spoon is mine; it was lost from my parlour - it had been used at breakfast in the morning, and at night the Policeman brought it; the prisoner had worked for me for one month - it is now in two pieces.
Prisoner's Defence. I went down in the kitchen, and saw the spoon on the back part of the top stair; I took it up, went out to get my tea, and asked the pawnbroker if it was silver - I meant to take it back.
GUILTY . Aged 20. - Confined One Month .
ISRAEL MOSES VAN BERGH . I am a skin-dresser , and live in Leman-street; our warehouse is in Cutler-street . On the 11th of September I was in my counting-house, adjoining my warehouse, and I had a number of caps there - I heard somebody going out; I went out, and saw the prisoner near the door - I said Halloo! he turned round - I opened his basket, and found these caps and the paper on them, as they are now; they are mock sable, made of rabbits skins, dyed; he knew my premises - he has sold us things; I have made inquiry, and find he has been a very respectable man - I have a partner.
GUILTY. Aged 58.
Recommended to Mercy . - Confined Three Months .
MARY THURNWOOD . I am going on for twelve years of age; Mr. Elsom lives in Duke-street. I took his daughter Emma out on the 3rd of September, down to the bottom of Museum-street ; as I was giving her a pear, she put her hand to her neck - I turned round, and saw Roark with the necklace, which he took off her neck; Coleman was standing close to him - they both ran off, and Roark gave it to Coleman; they ran, and I hallooed out Stop thief! a hackney-coachman ran after them - I am sure these are the two boys.
JOHN BENNETT (Police-serjeant F 10). I received information, went to a house, and found no one at home; I went again about nine o'clock in the evening, and found Coleman in bed, and another boy in another house - I took them to the watch-house; Coleman then said it was not him that took the necklace, it was a boy who lived opposite; and then Kennedy told me where Roark lived, who he said had got the necklace.
Roark's Defence. There were two other boys with me, one in a green coat, and he followed the girl , who went to buy some pears; he undid the necklace, and gave it to me to hide.
Coleman's Defence. Kennedy asked me to go with him, and as I was coming along Broad-street, I saw two other boys go, and take the necklace; Line took the beads - I lost sight of them, and saw them no more.
ROARK - GUILTY . Aged 12.
COLEMAN - GUILTY . Aged 12.
Whipped and Discharged.
MARY TEALE . I am the wife of John Teale , who lives in High Holborn - he is a general dealer . On the evening of the 10th of October, between eight and nine o'clock, I was in the shop - the prisoner came just within the door, and took this bonnet, which was hanging up; I followed her, and gave her in charge.
Prisoner. I was very much in liquor; I do not know any thing of the bonnet - she tore my frock and struck me.
MRS. TEALE. No, I did not; she tore my ear-rings out of my ears, and said she would kill me - if it had not been for some ladies I believe she would.
GUILTY . Aged 22. - Confined Three Months .
SAMUEL STONE . I am a cheesemonger , and live in Wardour-street - I am married. On the 17th of September, about half-past one o'clock at night, I was in Crown-street, Soho - I fell in with the prisoner; I went to a house with her, and gave her 2s. - I was with her a short time; I then came away - I met her again some time afterwards, went with her again to the same house, and gave her 2s. more; as I was coming away the last time, I clapped my hand to my left-hand trousers pocket, and missed my money - I lost four half-crowns and 2s.; I know it was safe when I went to her the second time, and it must have been taken while I was with her; I accused her of picking my pocket, and she denied it - the officer was on the spot, and he took her; she produced four half-crowns, six shillings, and some halfpence.
Prisoner. I met with you at a public-house with three or four costermonger men. Witness. There were only
JOHN BANKS . I am an officer. I went up to Falconberg-court , and the prosecutor gave the prisoner in charge for stealing 12s. from him - I asked her if she had stolen it; she said, "No, I have 16s. or 17s., three or four half-crowns, and the rest in silver" - I took her to the station, and found 18s. 6d. on her.
Prisoner. Q. Did you not say you saw him drunk at twelve o'clock in the morning? A. I saw him with two of his fellow-workmen, and told him to go home; he had been drinking, but could take care of himself.
Prisoner's Defence. He was intoxicated when I met him, and drank four glasses of liquor in my company.
NOT GUILTY .
AUGUSTUS FOX (Police-constable N 32). On the 8th of September I was in Argyle-street, between five and half-past five o'clock, and saw the prisoner carrying a bundle - I run after him; when he saw me he run away; he threw the bundle away about twenty yards before I came up to him - I took it up; it was this printed cotton.
WILLIAM ALSTON . I am in the employ of Thomas Wanstead Green - he lives in Judd-street , and is a linendraper . This is his property, and was taken from our shop door on Saturday the 8th of September, between five and half-past five o'clock - there are twenty-six yards of it.
Prisoner's Defence. A boy was climbing over a fence; he asked me to hold them while he got over - I was to throw them over to him.
GUILTY . Aged 15. - Transported for Seven Years .
ANN WOOLDRIDGE . I am the wife of William Wooldridge - he lives in Summers-street, Back-hill . The prisoner came with another female, and hired the second floor back room on the 25th of July - they stopped four weeks and a half, and paid for three weeks; the prisoner took away the key of the room and the street door - she went away without giving notice; we got into the room, and missed the property - we could not find her for some time; we took the man she lived with, and he said he knew nothing about it.
JOHN MURPHY (Police-constable G 215). I took the prisoner in Hatton-garden - she said she would tell the truth; that there were some of these things pawned at Morat's and Appleby's, and some at the corner of Leather-lane, and a young woman pawned them for her.(Property produced and sworn to.)
Prisoner's Defence. I did not pawn it, nor know of its being pawned.
NOT GUILTY .
ROBERT SCOTT . I live with Messrs. Hood and Gent. I was in Long-acre ; I went in to serve a customer with bread; I left my basket at the door, and this bundle was in it - I pursued the prisoner, and took her with the trousers in her apron; she dropped them - I asked her to give me my handkerchief, and I would let her go; she said that was gone; I gave her into custody; I never saw her before I have not seen my handkerchief since.
Prisoner. I was accidentally passing, and he accused me of taking them - I never saw them.
GUILTY . Aged 34. - Confined One Month .
2385. ANN SIMPSON was indicted for stealing, on the 28th of September , 1 pair of shoes, value 2s.; 1 bonnet, value 3s.; 1 shawl, value 2s.; 1 gown, value 7s.; 1 comb, value 1s., and 8 shillings , the property of Charles Hambilton .
JANE HAMBILTON . I am the wife of Charles Hambilton; I live in Flask-lane, Ebury-street - my husband is at sea . The prisoner slept in the same bed with me; I had known her about one month - she was staying with me - I treated her as a friend; I awoke in the morning, and the whole of my property was gone; I had neither shoes, shawl, nor dress to put on - I lost more things than I have stated; I had not locked up any thing; she had been a servant -I pursued her as soon as I could, but I was obliged to send to my sister's for a dress to put on - she was taken with the whole of my clothes on her except a necklace, and some combs.
JOHN HARWICKS (Police-constable R 143.) I took the prisoner, and found on her a duplicate of the shawl - I found this bonnet, gown, and shoes on her; I found the other property, all but the money.(Property produced and sworn to.)
Prisoner. I first met with her in the House of Correction, and when I came out, she said she would get me into the Refuge, or the Magdalen; then she took me to her lodgings, and we used to go out in the evening.
GUILTY . Aged 17. - Transported for Seven Years .
JOSEPH DICKINSON . I am a constable of Ealing. On the 15th of September I heard some rope had been stolen; I looked about, and saw the prisoner the same evening in a marine-store shop, kept by Hughes, at Brentford, offering the rope for sale; I went in, and asked him how he came by it; he said he picked it up in the cut about a fortnight before, when the water was drawn off by the bridge- I said I had every reason to suppose it was stolen, and I would go to some person; I went out, and saw Mr. Jack
CHARLES NELMS . I am in Mr. Thomas Jackson's service. In the middle of August I brought up my barge, and pulled up my lines - I left my ropes in Barnsby's-yard ; I know this to be a part of them by unsplicing it - it had been under a shed; it was missing on the 17th, when the officer came to me - I had seen the prisoner on the premises twice.
ROBERT BARNSBY . I am a barge-builder. In the middle of August the barge was brought to me to be repaired, and this rope, among other things, was put on shore- I have no doubt but that this is a part of it; I had seen the prisoner about my premises.
Prisoner. I never was on his premises for three hours in my life. Witness. He came with a barge, which was there four or five days, and he assisted in blocking it.
GUILTY . Aged 28. - Transported for Seven Years .
THOMAS BROWN . I am in the service of Mr. John Crawley - he lives in Oxford-street , and sells umbrellas . On the 13th of October, about one o'clock in the day, the prisoner came to the shop, and asked if Mr. Crawley was at home; I said he was not - she said she was sorry, as she wanted some net; she had made shirts for us for nine months; she sat down in the shop - I was looking out of window, and as I turned my head I saw her draw an umbrella off the counter; I went up stairs to my fellow shopman, and told him - he came down, and told the prisoner she had taken an umbrella off the counter; she immediately said, "Do let me go," and dropped the umbrella by the side of the counter - we said No, and my fellow shopman had her taken up.
Prisoner's Defence. They have said false - there was no one there; I did not intend to take it out of the shop.
GUILTY . Aged 23. - Confined Two Months .
2388. THOMAS SMITH and HENRY HUMBEY were indicted for stealing, on the 25th of September , 2 glazed window sashes, value 30s., the goods of the Reverend George Evans , clerk, and others, and fixed to a building ; against the Statute, &c.
THE REV. GEORGE EVANS . These houses were situated in Devonshire-street East, Mile-end, Old-town ; I had seen them safe about a fortnight before the robbery, but I saw the outside of them afterwards - they belonged to me and other persons, as executors.
Cross-examined by MR. PHILLIPS. Q. When had you seen the house in question? A. About a fortnight before I went all over it - I saw the windows particularly - I had seen it from the outside several times - Mr. Richard Lewis Cottrell and one other person are joint executors with me to the late Mr. Cottrell.
JOHN THUMLEY . I am a watchman. On the 25th of September, about ten minutes before two o'clock in the morning, I was going by this house, and heard a noise; it appeared as if some one was entering the house, but when I got to the house I heard a noise of some one wrenching off the beading - I listened for ten minutes - the Policeman came up; I told him what I heard - he listened, and told me to wait there while he brought the serjeant and another Policeman - one stopped in front, and three of us went to the back; we saw a light in the back room - we opened the shutter, and saw Smith go out and run down the street - we went and took him, and saw Humbey when we came back; both the sashes were taken from the front parlour frames, and taken into the back parlour.
Cross-examined. Q. How long before had you seen them? A. Not for some months - the shutters were shut- I only went up there once a day; whether they had been unfixed before I cannot tell - it was not a very dark night - there was a light in the back parlour; I saw Smith go into the passage - I saw his back and his side face; he run out - we pursued about sixty yards and took him.
GEORGE RUSSELL (Police-serjeant K 15). I was called by King; I looked through a crack, and saw Smith go into the passage; I went to the back parlour window, opened the shutters and saw a light; I then heard a cry of Stop thief! and pursued him - I found the sashes were removed from the front parlour to the back one.
MR. EVANS. These are the sashes - they had been fixed a fortnight before; I had seen the window open, when I opened the room to show it to a person - but I had seen the outside after that. I am not a clergyman of the Church of England.
Smith's Defence. On the Monday evening, two young men stopped me, and the Policeman took me back to the house.
Humbey's Defence. I was not near the house by five or six yards; I had just left work at Twig-folly.
Three witnesses gave Smith a good character.
SMITH - GUILTY. Aged 20.
HUMBEY - GUILTY. Aged 19.
Judgment Respited .
THOMAS CHARLES HORNBLOW . I live in the City-road , and am a furniture-dealer . I lost this mattress from my front door on the 10th of October, about a quarter before nine o'clock in the evening; I saw the prisoner with it on his shoulder, and suspected it was mine; I looked at the place where it had been, and it was gone - I pursued, and took him about six yards from my door - this is it.
Prisoner's Defence. I was passing Old-street-road,
GUILTY . Aged 19. - Transported for Seven Years .
THOMAS SEARLE . I am a cabinet-maker , and live in Great Peter-street, Westminster . There was a distress in my house for rent, on the 5th or 7th of September; the property was then secure - I knew nothing more of it, but it was taken; I was not in town at the time.
JOHN WING . I am landlord of the premises. I employed Mr. Bridges to seize for 40l. - I found this piece of wood at a public-house in King-street, on the 21st of September; it was an excessive distress, and we went to endeavour to get the property back - we discovered a great part of it.
JOHN BRIDGES . I was the broker. I was to distress for 42l. 10s.; the prisoner and two others were employed to remove the goods after they were condemned - I had the goods in possession of two men six days, and then had them condemned; some of them were removed to my house, and some to Foster's.
NOT GUILTY .
2391. JOHN WALLACE was indicted for stealing, on the 28th of September , 1 hammock, value 1s.; 1 bed, value 1s.; 3 shells, value 1s. 6d.; 1 rug, value 1s., and 1 blanket, value 1s. , the goods of George Wilkinson .
ISABELLA WILKINSON . I am the wife of George Wilkinson; he is in the coal-trade - we live in Stone-street, Ratcliff-highway . The prisoner was our lodger on the 24th of September, and had been so for eight weeks: he is a mariner - I had a lodger, who was going to sea - when he came for his hammock that and other things were sold; some of them have been found - I gave information to the Police.
PETER COSTELLO (Police-constable K 90). On the evening of the 21st of September I was on duty - a girl came to me; I went and found this woman, who said there was a thief in the house, but we had better stop till her husband came; I said No, if there was a thief we would take him - I went up, and saw the prisoner, dressed, on the bed; he said he took the hammock, and nothing else - I found some shells, and then he said he took them, but nothing else; we then found other things, and to every thing he said he took that, and nothing else.
ANN LEVY . The prisoner brought the hammock to my house, said it belonged to Dick, and asked me to let him have 1s. 6d. on it - I said he might have it without the hammock; I gave him 1s. 6d. to take to Dick - he left the hammock - Dick fetched it away, and then brought it back.
MRS. WILKINSON. The bed belonged to one of my lodgers - I know this bed; it has two or three holes in it- it has been in my care since before Christmas; I know these shells by some holes in them - they are our own; I have known the prisoner five years; I never knew him do any thing wrong before.
Prisoner. It is my own bed, and was given to me by the husband. Witness. I believe his own bed is left behind.
GUILTY. Aged 24.
Recommended to Mercy by the Jury.
Judgment Respited .
OLD COURT. TUESDAY, OCTOBER 25.
Third Middlesex Jury, before Mr. Sergeant Arabin.
JOHN KILPIN . I am shopman to William Daniel Owen and another, of Great Coram-street . On the 9th of October, about six o'clock in the evening, the prisoner came to the shop, with another woman, and bought a short length of silk for a child's spencer - she gave me a piece of gold; I had to go to the cashier, in a different part of the shop, for change - Mr. Williams came back with me, and remarked that her cloak looked very handsome; he took hold of it, and she had this roll of silk under it, which she must have taken in my absence; it had laid on the counter right before her - it measures thirty-three yards and a half, and is on the roller.(Property produced and sworn to.)
Prisoner's Defence (written.) It was my misfortune in the last Session to have my husband tried and sentenced to transportation for life - I was left without any means of support, and in this state of distress I was induced to commit the crime, with the hope that I might receive the like sentence of my husband, and if possible be united to him again; I therefore humbly cast myself on the mercy of the Court, and trust that it will grant my request.
GUILTY . Aged 19. - Transported for Seven Years .
2393. ROBERT ROSE and WILLIAM LONG were indicted for stealing, on the 11th of October , 1 hammer, value 1s.; 1 guage, value 6d., and 1 pair of pincers, value 1s., the goods of John Keys; 1 plane, value 3s. 6d.; I saw, value 4s. 6d.; 1 square, value 2s. 6d.; 1 hammer, value 1s.; 5 chisels, value 6s.; 2 screw-drivers, value 2s.; 2 gimblets, value 4d.; 1 plough, value 6d., and 1 file, value 1s. , the goods of Benjamin Bickley .
Cross-examined by MR. PHILLIPS. Q. You know nothing more of him? A. No - he was a good honest lad.
JOHN JAMES NICHOLS , I work at the livery-stables. On Thursday night, about nine o'clock, the prisoners brought these tools to me, and asked me to mind them for a night or so; I took charge of them, and gave them to McLean, who came for them.
Cross-examined. Q. Had you seen the tools before? A. No - I did not know they were stolen; I know the prisoners; I knew Rose was servant to a docter - I said nothing about the tools till they were found on me - I work at the bottom of the mews, about forty yards from where the tools were taken from.
Cross-examined. Q. Did you know Nichols before? A. No, I had received information that the tools were there.
Rose's Defence. I was going up the mews with Long, for a necessary purpose, and we picked these tools up, in a yellow handkerchief, six or seven doors from where they were lost - I did not like to take them to my mother, and took them to Nichols' to mind, till we found an owner.
Long's Defence. I saw the bundle under some old stairs leading to a loft of a stable, outside the mews; we took them to Nichols' to mind till we could find an owner.
ROSE - GUILTY . Aged 18.
LONG - GUILTY . Aged 19.
Confined Six Months .
Before Mr. Recorder.
2394. JAMES HICKMAN was indicted for stealing, on the 12th of September , 1 pocket-book, value 2s.; 13 sovereigns; 4 half-sovereigns; 8 half-crowns; 4 shillings, and 8 sixpences, the property of James Parker , in his dwelling-house .
MR. LEE conducted the prosecution.
CHARLOTTE PARKER . I am the wife of James Parker, of Tottenham-court-road , a green-grocer ; the prisoner, and his brother lodged at my house. On the 12th of September, at nine o'clock in the morning, I saw this money safe in a drawer in the room we live in; nobody but my husband had access to it - the prisoner and his brother had their meals in the room.
Cross-examined by MR. PHILLIPS. Q. You saw it safe at nine o'clock? A. Yes, On Wednesday, and missed it next morning, between eight and nine; I had been out all the day before - I had the keys in my possession; I left my husband in the room - we had the prisoner's brother taken up as well.
COURT. Q. How was the money secured? A. In a pocket-book, in a drawer; I am sure I locked it - next morning I went to put 5s. into the same pocket-book, and in trying to unlock the drawer, I found I could not turn the key - I found the pocket-book and money were gone; it must have been taken during my absence the day before; I had not returned till between nine and ten o'clock.
JAMES PARKER . On Wednesday, the 12th of September, I was not out all day; my wife came home between nine and ten o'clock at night - I never left the shop and parlour all day; nobody could go into the room without my knowledge - in consequence of information, I went with Rose to the prisoner's sister, No. 2, Tothill-street, Gray's Inn-road; we got a light, and from under the tiles of the privy, the Policeman pulled out nine sovereigns, three half-sovereigns, and one sixpence; I recognized two of the sovereigns, which I had marked - we took the sister to Hatton-garden next day, and we took his brother that night; the prisoner had been taken on the Thursday morning, before we found the money - nobody but the prisoner and his younger brother had been in the room; the brother dined with me that day - he never got up from the table, till he had done his dinner, and then he went out.
Cross-examined. Q. They both lodged together? A. Yes; John came home to bed about half-past ten o'clock at night - my wife was in the room then; I was standing at the parlour door, and could see into the room - the prisoner came in, and asked for something to eat: I stood in the parlour with him, till somebody came for 2d. worth of oysters, about ten minutes after six o'clock - I was five or six minutes in the shop, opening them, and when I returned the prisoner was standing up against the bed, by the glass case, where this money was: I took up John because he told me where the money was - I took the sister up, and another girl who lodged with her.
JOHN ROSE . In consequence of information I went in search of the money, to Tothill-street, and found nine sovereigns and three half-sovereigns - I lived in the prisoner's house, on the first floor; I put the money into my pocketbook on the 21st of September, and on the 3rd of October I missed the pocket-book and money; they directly took me before a Magistrate, on suspicion of making away with it.
Cross-examined. Q. How long have you lodged there? A. About two months; I went just before the robbery -I placed the pocket-book under my mattress - there are several lodgers in the house; I was a Policeman, but have been discharged for being tipsy, as they said, but I was not so.
JURY. Q. How was your room secured? A. There was a lock to the door, but I seldom locked it, as a person lived with me, and we had only one key - it was a woman lived with me; there was only one bed; I am married, but she was not my wife - I do not know that I ever told the prosecutor that she was; she passed as my wife.
NOT GUILTY .
ROBERT POCOCK. On the 1st of October I had three heifers at Smithfield; I did not sell them, and directed Harris to take them to Hendon, and bring them again on Friday - I saw them on Friday, at Laycock's, at Islington.
RICHARD HARRIS . On Monday, the 1st of October, I was at Smithfield; Pocock gave me three heifers to take away, and on the 2nd I put them into Mr. Horn's field, at Hendon , and left them safe, between four and five o'clock in the afternoon - I did not see them again till I found them at Islington.
Cross-examined by MR. PHILLIPS. Q. Are any of Horn's men here? A. No.
JAMES HAWKES . I am a Policeman. On Wednesday, the 3rd of October, about one o'clock, I met the prisoner at Highbury, driving three beasts - I told him there was no thoroughfare for cattle through Highbury-park; he had another man with him - he told me he was going to Whitechapel-market with them, and had brought them from Mr. Matthews, the Bull and Butcher, at Whetstone; he said he was a stranger at the place, and the man at Holloway toll-gate directed him to go that way, as the nearest; he then asked the nearest way to Church-street, Stoke Newington - that would be out of his way to Whitechapel; I followed him to Islington station-house - I then took him into custody, and he there said several people at Islington knew him; he mentioned two persons, and I took him to Mr. Mason, a salesman, who said there was a Mr. Matthews, a butcher - I then took him to Mr. Stringfield, in Whitechapel market, who he said was his master, and when I got opposite the shop he ran away - I pursued, and took him; I left the cattle at Mr. Laycock's, at Islington, and was present at Hatton-garden when Pocock claimed them - the prisoner sent the other man back to the station-house, for something he said he had left there, and I never saw him afterwards; he said he had employed that man to help him, as the cattle were wild - the prisoner gave his name as Harris, but at Hatton-garden said it was Abbott.
Prisoner. I was hired to drive the beasts.
Five witnesses gave the prisoner a good character.
GUILTY . Aged 30. - Transported for Life .
NICHOLAS VERGE . I am a bricklayer, in Camden-town. On the 5th of September I was in Kingsgate-street, Holborn, and heard a cry of Stop thief! I saw the prisoner running, with a gun in his hand - I turned, and ran after him; he stopped at a gateway, and endeavoured to put this gun under the gate, but could not; I left it there, and ran on; I never lost sight of him till he was taken.
JOHN MUIRSON . I live in Holborn . I saw this gun safe at a quarter past six o'clock in the evening, inside my door-post, and missed it in about ten minutes - the Policeman and Verge came up with the prisoner, and produced it to me; I had seen the prisoner lurking about my shop from three o'clock that afternoon - the gun is worth five guineas, but would not fetch that at a sale.
FREDERICK WESTLEY . I am a boot and shoemaker. I was in Red Lion-square about half-past six o'clock, and heard a cry of Stop thief! I saw the Policeman stop the prisoner, who was running at full speed - this gun was given to me by a person in the crowd.
Prisoner. I never saw it.
GUILTY (of stealing only.) Aged 36.
Confined One Year .
2397. JOHN JARRETT was indicted for stealing, on the 18th of October , 1 watch, value 1l.; 1 key, value 10s.; 2 seals, value 10s., and 1 chain, value 7s., the goods of John Walker , in his dwelling-house .
ELIZABETH WALKER . I am the wife of John Walker ; we keep a coffee-shop in Old-street, St. Luke's . On the 18th of October, at twelve o'clock, the prisoner, who often used the house, came in to beg for some coffee; I said I could not afford to give him any - he asked leave to sit down; I said he might; he stopped till ten minutes past one, then asked for a pennyworth of coffee, which I gave him; I was in the parlour, where the watch was -I left the parlour for about two minutes, to call my husband to dinner; on my return the prisoner was gone, and I missed the watch; he was the only person in the shop.
JOHN VARLEY . I am a pawnbroker, and live in Redcross-street. On the 18th of October the prisoner pawned this watch for 10s., in the name of John Brown, No. 17, Wood-street - I am positive it was him.
THOMAS BARKER . I am a Policeman. I apprehended the prisoner on the 19th, in bed; as soon as he heard a Policeman was at the door, he covered himself up so that he could not be seen - he declared himself innocent.
GUILTY (of stealing only.) Aged 40.
Transported for Seven Years .
THOMAS HENRY COLLINSON . I am shopman to William Browne , a linen-draper , of Grand Junction-terrace, Edgware-road . On the 4th of October, between five and six o'clock, I missed the cotton, which hung in the passage; on hearing a cry of Stop thief! I ran out, and found it on the pavement, about eight yards from the door - I did not see the prisoner; it was secured by a strong cord, which was cut.
WILLIAM HUDSON . I am a green-grocer, and live opposite Mr. Browne's. I saw the prisoner take the print - I ran over, calling Stop thief! I did not see him drop it - he was stopped two hundred yards from the house - I am certain of him; I could not see him all the way - it was almost dark.
Cross-examined by MR. DONNE. Q. How do you know it was him? A. I had seen him before, often - I laid hold of him; I let him go, as no assistance came; I have seen his brother; there is a great resemblance between them - I saw him looking at the door before he took it, and saw him sharpening his knife.
CHARLES CLARKE . I am a Policeman. I apprehended the prisoner four days afterwards - he denied the charge.
Cross-examined. Q. Have you seen his brother? A. Yes; there is a very considerable resemblance between them - I should not know one from the other at a distance, their clothes and all are so much alike - one is rather shorter than the other; his mother told me where to find him.
NOT GUILTY .
Second Middlesex Jury, before Mr. Recorder.
RICHARD MANSFIELD . I live in Monmouth-street . On the 21st of September, about four o'clock, these shoes were missed from my door; the prisoner lives in the house, and had come to the door that day to tell me something which had happened in her room - she was in liquor.
SARAH PARR . I live in Great St. Andrew-street. About five o'clock this afternoon I bought these shoes of the prisoner for 1s. 6d. - they were old; she said they were her own, and gave me her proper address; she said she sold them in consequence of a distress for rent; Mansfield came in about twenty minutes and claimed them; the prisoner said she was very sorry for what she had done.
Prisoner's Defence. I met a man who visited the lodgers; he got me to sell the shoes for him.
GUILTY . Aged 27. - Confined Seven Days .
2400. JOHN SMITH was indicted for stealing, on the 6th of October , 2 saws, value 11s., and 4 planes, value 9s., the goods of Joseph Tenant ; 4 planes, value 18s; 1 square, value 4s., and 1 saw, value 2s., the goods of William Wooding ; and 1 saw, value 4s., the goods of Lorkin Ely .
JOSEPH TENANT . I am a carpenter , and live at Southgate. On Friday evening, the 5th of October, I left these tools safe in the shop of Mr. Akers, my master; I returned at six o'clock next day, found the shop broken open, and my tools gone - I found the prisoner in custody with them on the Thursday following at Hatton-garden; I did not know him before; I had locked the shop, and was the last person there; the boards were wrenched off, and four locks broken off - the prisoner has but one arm.
LORKIN ELY. I lost my saw from the shop; I had seen the prisoner at Southgate on the Friday night.
JAMES COLLINS . I am a Policeman. On the 6th of October, about a quarter to seven o'clock in the morning, I stopped the prisoner in Highbury-place, with a basket, and asked what he had got; he said a basket of tools, which he had brought from his lodgings at Crouch-end - he was two hours' walk from Southgate; I took him to Hatton-garden - the prosecutors afterwards appeared, and claimed the tools.(Property produced and sworn to.)
Prisoner's Defence (written). I met two men, one of whom I knew, whose name is Castles - Castles asked where I was going; I told him I was looking for a job - he told me he would give me 1s. some bread and cheese, and a pint of porter, if I would carry the basket as far as the Wellington public-house, in St. John-street-road; they walked with me nearly a mile, when he told me to cross a field, which would take me to the Lower-road, Islington, they following me at a distance, until they saw me talking to a Policeman.
GUILTY . Aged 30. - Transported for Seven Years .
PHILIP HAYTER HASKELL . I am a cooper , and live at No. 105, Whitechapel-road . On the 15th of October, about half-past ten o'clock at night, I put these three casks in the form of a triangle, on a piece of ground in front of my house; and about twelve o'clock the Policeman awoke me - I came down and missed a hundred and five gallon cask; he had the prisoner in custody with it.
EDWARD BULPIT . I am a Policeman. I stopped the prisoner between eleven and twelve o'clock at night, rolling this cask along, and asked where he was going with it- he said he was taking it to Bethnal-green-road; I secured him, and went to the prosecutor, suspecting it had come from there; he said he was employed by a person named Adams to take it.
Prisoner's Defence. I met a man, who said his name was Adams, who told me if I rolled the cask to No. 84, Bethnal-green-road, I should see a broker's shop, and he would give me 1s. 6d. - he showed me which cask it was; I rolled it about two hundred yards and was stopped.
GUILTY . Aged 21. - Confined Two Months .
THOMAS HOBBS . I am a Policeman. I apprehended the prisoner about twenty yards from the prosecutor's shop, with this vice, which I had seen him take from the shop - he threw it down, and ran away as I went towards him - he appeared destitute.(Property produced and sworn to.)
The prisoner pleaded poverty, and received a good character.
GUILTY. Aged 18.
Recommended to Mercy . - Fined 1s. and Discharged.
JOHN PARKS . I came from Sutton Colefield, five weeks ago, and was lodging in Silver-street, Falcon-square - I live on my property. On the 14th of October, between twelve and one o'clock, I was coming from Drury-lane, theatre; as I came through Templebar I met Thompson - she came and laid hold of me; she asked me to go with her just up Shire-lane - we went into the third house on the right hand side; she took me into a room on the first floor - I staid there
Cross-examined by MR. DONNE. Q. Were you sober? A. Quite - I only had two glasses of gin; the landlady and they drank it among them; I was not alone with Thompson more than five or six minutes before Brown came up; I gave Brown nothing - I was not left alone with her - she did not ask me for money for going with her; she might fall in the struggle - I used no blows to any of them, nor did I knock them down.
JOHN BAYS . I am a Policeman. I was on duty in Shire-lane, Middlesex, and on passing the door I heard a noise, and somebody said, "If you don't let me alone I will call the Police;" I remained close to the door - the prosecutor came out, and showed me his coat; the inside pocket was quite torn out: I apprehended the prisoners in the house - they said they knew nothing about it; I found 3s. on Thompson, but nothing on Brown.
Thompson's Defence. He did not find a halfpenny on me, nor did I attempt to go into the room at all; I went up with the landlady when we heard the scuffle between him and Brown.
Brown's Defence. The prosecutor told me his pocket had been torn out at the theatre, and asked me to sew it up.
THOMPSON - GUILTY . Aged 22.
BROWN - GUILTY . Aged 17.
Transported for Seven Years .
WILLIAM HAWKINS . I am a shoemaker , and live at Old Brentford . On Saturday, the 15th of September, these shoes were on a shelf by the door - I was in the shop about seven o'clock in the evening, and saw the prisoner step into the shop a little way, and reach them off the shelf; I was behind the counter - I called to him; he ran away - I pursued him, calling Stop thief! he turned the corner; I followed him down a gateway, and took him in a passage; I then fetched a Policeman, and Knight picked up the property - I had not seen them fall from him, but am sure I saw him take them; I missed seven shoes.
Cross-examined by MR. DONNE. Q. Had you ever seen him before? A. Yes, but not to recollect him personally; I knew his face - the shelf is on a level with the door, about four feet from the ground - he must come inside to reach the last pair of shoes: I lost sight of him for a moment as he turned two corners, but Knight was in pursuit of him.
WILLIAM KNIGHT . I live at Old Brentford, and am a cow-keeper. I saw Treagle and several others running along, calling Stop thief! I ran after the prisoner, and took him, as Hawkins was calling Stop thief! I lost sight of him twice as he turned the corner, but am sure of him: I took him in the passage - Hawkins and two or three others came in; I held him while Hawkins fetched a Policeman - seven shoes were picked up in the passage - I did not see how they got there; he never got from me - when he got to the station-house he said he was running after the man, as he heard Stop thief! called.
Cross-examined. Q. There were two or three others? A. Several persons came and picked the shoes up - they were running after him, and came to the place directly after I got up; I was the first who got near him - I knew him before well.
WILLIAM JONES . I am a Policeman. I was passing Mr. Hawkins' shop; Mrs. Hawkins told me a man had taken the shoes - I ran the way she told me, and met Knight, who gave the prisoner in charge - he said the man had passed by him, and they had taken him for the thief; as I took him to the station-house he called to a boy by name, put his hand into his bosom, and gave him a duplicate of a watch, which I took from him.(Property produced and sworn to.)
Prisoner's Defence. I heard a call of Stop thief! I ran, and saw a man before me; he turned up the Halfacre; Knight seized me; I said I saw the man turn down the passage, and drop something.
GUILTY . Aged 21. - Confined Six Months, the last fourteen days to be solitary .
NEW COURT. TUESDAY, OCTOBER 23.
Fifth Middlesex Jury, before Mr. Common Sergeant.
2405. SUSAN HESLOP was indicted for stealing, on the 5th of June , 1 watch-case, value 3l., the goods of John Barwise . - Also for stealing, on the 16th of August , 1 watchcase, value 3l., the goods of John Barwise . - Also for stealing, on the 30th of July , 1 watch-case, value 7l., the goods of John Barwise . - To which indictments she pleaded
GUILTY . Aged 36. - Transported for Seven Years .
2406. SARAH MOSELY was indicted for stealing, on the 1st of October , 6 shirts, value 1l. 10s., and 1 pinafore, value 4d. , the goods of James Neat ; and that she had before been convicted of felony. - To which she pleaded
GUILTY . Aged 20. - Transported for Seven Years .
Alexander Hawkins , his master .
MR. CLARKSON conducted the prosecution.
GEORGE AVERY (Police-constable G 175). I was sent for to Mr. Hawkins' warehouse, on Monday, the 20th of August, between eight and nine o'clock in the evening -I found the prisoner in the counting-house; I took him to Bunhill-row station - he gave his address No. 21, Britannia-street, City-road; I then took him from Robert-street watchhouse, and told him I intended to search his premises, and asked what part of the house he occupied; he said a room on the first floor, and a kitchen on the ground floor - I went and searched his rooms between ten and eleven o'clock; I found three brass locks in the front room, a door plate, a dog collar, four metal spoons, four metal tea-spoons, two blind movements, some wire and brass, and counters, a punch, stamps, and a brass bag lock in the upper room; and a coffee-mill and two table-spoons in the kitchen; when I told him I was going to search his house, he asked if he could be allowed to go with me - I told him no; on going to the station he asked what I had found - I said various ironmongery goods, and among the rest a door plate; he asked me again - I told him a patent coffee-mill; he said, "That is not Mr. Hawkins', nor never was - I had it before I came into his employ;" he asked if I took any thing else- I told him some ivory Pope Joan counters; he said,"I dare say Mrs. Hawkins can swear to them, for I did take them - I found them laying about, and thought them of no value."
Cross-examined by MR. PHILLIPS. Q. You found his address correct? A. Yes; I had followed him home the Thursday previous - I could not have known the rooms he occupied if he had not told me; I did not let him know that I followed him home.
ALEXANDER HAWKINS . I am an ironmonger , and live in Chiswell-street . The prisoner was my porter for three years; I missed a wire gauge like this - this door plate corresponds with mine, and the screws fit the top of mine, and unless they had been made by the same maker they could not; these blind-movements correspond with those I have, but I have no mark on them - I lost curling-tongs like these - I had a fire on the premises two years ago, and some of them got wetted; I have found some which are wetted in the same manner; this coffee-mill and other articles correspond with those I have, but I cannot swear to them; these Pope Joan counters I have played with many times, and I believe them to be mine.
Cross-examined. Q. Are they bone? A. Bone and pearl, a mixed set - they were kept in a cupboard; I have no mark on the door plate; I lost a great many things at the fire - the prisoner is married, and has three or four children.
Prisoner's Defence. All the articles except the counters I bought, and those I picked up at Mr. Hawkins'.
The prisoner received a good character.
GUILTY . Aged 33. - Confined Six Months .
2408. HENRY ELLIS was indicted for stealing, on the 11th of August , 48 locks, value 18s.; 4 gross of screws, value 4s.; 50 pairs of hinges, value 7s.; 24 locks, value 7s., and 30 gross of screws, value 3s. , the goods of Alexander Hawkins .
MR. CLARKSON conducted the prosecution.
GEORGE HARPHAM . I was in the service of the prosecutor in August. I know this dozen of locks to be his property; there is something peculiar about the make of the lock, but more about the make of the key; the bit of it is short, and it is not glazed as they generally are - they are common locks, but of a different description to the generality of them; they came to my master's on the 9th of August, from Mr. Wright, of Wolverhampton; the basket was unpacked on the 10th of August, which was Friday, and on the Tuesday following I looked on the shelf on which I had placed the parcels, and missed some of them, but did not notice how many; nineteen dozen came, and I believe one dozen was missing - I had not sold any.
Cross-examined by MR. CHURCHILL. Q. Did you unpack them? A. Yes, and marked them all; they came in four and six dozen papers - the papers have been taken off these - they are worth 3s. a dozen.
EDWARD WRIGHT . I am a wholesale ironmonger, and live at Wolverhampton. On the 9th of August I sent some parcels of locks to Mr. Hawkins, these are a part of the nineteen dozen I sent him; they are made to a particular pattern - there is something peculiar about the bolt and the key; we never had more than the nineteen dozen which we sent to the prosecutor.
Cross-examined. Q. Were they ordered from this particular pattern? A. No, but from my representation; another manufacturer might have such, but I should think it very unlikely; I saw them packed, and these are the locks.
JAMES TILT (Police-serjeant G 7.) On the 14th of August I took the prisoner, and on the same day I went to Belletti's, and got these four parcels of locks; and on the day following I got from Johnson's, in Long-alley, four parcels of screws, which he marked at the time.
Cross-examined. Q. Did not the prisoner voluntarily surrender himself? A. I went to his house, and left a message for him to meet me, which he did.
JOSEPH BELLETTI . I am a cabinet-maker, and live in Skinner-street, Bishopsgate. On the 13th of August I bought these four parcels of locks of the prisoner - I gave him 11s. for the four dozen, which is 1s. less than I could have bought them for of the prosecutor.
Cross-examined. Q. Did you know how he got his living? A. I always understood that he bought goods at sales - I have bought of him three times, and asked if he got them honestly; I have known him by sight for years.
Cross-examined. Q. Have you ever been in this Court before? A. Yes, as a prosecutor and a witness - I was at a Police-office on a charge of murder, but no other charge.
JAMES BROWN . I am an officer of Worship-street. On the 30th of August I went to Mr. Griffin's, and received six gross of half-inch screws, No. 1, thirty-three pairs of desk-hinges, and ten pairs of half-inch stock butthinges; and on the next morning I went in again, and received a dozen of small brass caddy-locks.
ROBERT MADDOCKS. I live in East-street, Hoxton, and am an ironmonger. I sold these articles to Griffin -I bought them of the prisoner, and sold them the same hour; I did not ask the prisoner where he got them - I bought twelve gross of him, and he offered me twelve gross more.
Cross-examined. Q. Is there any thing particular about these screws? A. They are not so much used as thicker ones are; I think I gave 3s. for them; I should not have given above 2d. a dozen more for them at a shop.
JAMES LUDSON . I am a portable-desk maker, and live in Princes-street. In the middle of August I bought twenty-four gross of screws, and a dozen locks of the prisoner; I put the locks into a drawer, and delivered them to Tilt, the officer.
Cross-examined. Q. Had you known the prisoner before? A. Yes; it was quite an open transaction - I could have bought them nearly as cheap at the prosecutor's shop.
Cross-examined. Q. I take it for granted you mark a great many articles? A. Yes, and many of the parcels I mark are sold with the mark on them; some are opened.
ALEXANDER HAWKINS . I am an ironmonger, and live in Chiswell-street. This is one of the nineteen dozen of locks which came to my warehouse on the 9th of August - I saw them all on the counter the next day, and opened one of the parcels; none of them had been sold.
Cross-examined. Q. Do you see to every article sold in your shop? A. No; I have two other persons who sell in my shop.
MR. CLARKSON. Q. On the 14th of August how many did you find left? A. Only eighteen.
Cross-examined. Q. Who else sells in the shop? A. The apprentice, but never but when I am there.
Prisoner's Defence. I bought these screws at Mr. Hawkins' shop, as I was going into a little way of business.
MR. HAWKINS. I never saw him in my life.
GUILTY . Aged 21. - Transported for Seven Years .
2409. WILLIAM JAMES ARTER was indicted for stealing, on the 11th of June , 2 table-spoons, value 6d.; 1 spike-bit; value 1s. 2d.; 1 pair of trousers, value 10s., and 2 sacks, value 2s., the goods of Alexander Hawkins , his master .
MR. CLARKSON conducted the prosecution.
GEORGE AVERY (Police-constable G 175). On the 20th of August I was sent for by Mr. Hawkins, and took the prisoner in his counting-house; Mr. Hawkins said, "William, I have every reason to suppose you have been robbing me;" he said, "I have not indeed, master;" Mr. Hawkins said, "If you have not been robbing me, you know I have been robbed; and perhaps you know who has been robbing me;" he said,"That's another thing;" I then took the prisoner into custody; I went with the serjeant to No. 58, Lower Whitecross-street - I did not find any thing then, but I saw the serjeant take from a box some duplicates in a paper; I afterwards searched the room again, and found this spike-borer, three sacks, a spade, and these two spoons - they were in the front room two pair.
PHILLIS BROWN . I am the wife of Joseph Brown ; we live at No. 59, Whitecross-street; I let the front room two-pair of No. 58, to the prisoner's wife, but the prisoner did not sleep there - I understood he slept at Mr. Hawkins' - I had only let the front room to his wife ten days before it was searched; they had before that had the back room; the prisoner called about three months before, while his wife laid in in the back room.
Cross-examined by MR. CHURCHILL. Q. Did you ever see the prisoner in the front room? A. No - I have seen him in the back room.
ROBERT WILD . I am assistant to Mr. Sowerby, a pawnbroker, in Chiswell-street; I received this pair of trousers on the 7th of July, in the name of John Arter , No. 26, Whitecross-street - they were pawned by a man; I cannot swear it was the prisoner - this is the duplicate I gave.
Prisoner's Defence. I bought the trousers of Mr. Moses.
MOSES MOSES . I am a slopseller, and live in Rosemary-lane; I sold these trousers to the prisoner, I think about July - they have my initials on them; I purchased them of a young man who came from Greenwich-fair - they were very muddy and dirty; I gave 3s. and an inferior pair of trousers for them - we give them out to persons to clean, and they generally put a new waistband to them; in that case we put initials on them.
MR. CLARKSON. Q. Do you keep books? A. No; we buy and sell for ready money, and I sold them to the prisoner on a Sunday; on the Saturday following