TAKEN IN SHORT-HAND,(BY AUTHORITY OF THE CORPORATION OF THE CITY OF LONDON) BY H. BUCKLER.
Before the Right Honourable SIR PETER LAURIE, KNT., LORD MAYOR of the City of London; Sir Nicholas Conyngham Tindal, Knt., Lord Chief Justice of His Majesty's Court of Common Pleas; Sir Joseph Littledale, Knt., one of the Justices of His Majesty's Court of King's Bench; Sir William Bolland , Knt., one of the Barons of His Majesty's Court of Exchequer; Sir John Bernard Bosanquet, Knt., one of the Justices of His Majesty's Court of Common Pleas; Sir Claudius Stephen Hunter , Bart; Christopher Smith , Esq.; William Thompson , Esq.; Sir John Key, Bart., Aldermen of the said City; Newman Knowlys, Esq., Recorder of the said City; William Taylor Copeland , Esq.; Thomas Kelly , Esq.; Sir Chapman Marshall, Knt.; and James Harmer , Esq., Aldermen of the said City; Charles Ewan Law, Esq., Common Sergeant of the said City; William St. Julien Arabin, Sergeant at Law; His Majesty's Justices of 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.
LAURIE, MAYOR. - FIFTH SESSION.
* A star placed against the verdict denotes that the prisoner has been previously in custody.
Middlesex, before Mr. Sergeant Arabin.
885. JOSEPH BOWLEY was indicted for that at the delivery of the King's gaol of Newgate, holden for Middlesex, at Justice-hall in the Old Bailey, on Thursday, the 6th of September, 3rd William IV ., before certain Justices of our said Lord the King assigned to deliver the said gaol of the prisoners therein being, he the said Joseph Bowley was in due form of law convicted, on his own confession, on a certain indictment against him, for feloniously stealing 1 piece of mahogany, value 10s.; 1 coffee-mill, value 5s.; 1 filterer, value 8s.; 10 candlesticks, value 1l.; 7 cocks, value 14s.; 3 tea-trays, value 6s.; 1 saucepan, value 8s.; 6 locks, value 18s.; 1 set of fire irons, value 12s.; 3 brushes, value 4s.; 2 hammers, value 1s.; 10 pounds weight of brass, value 1l.; 1 set of castors, value 2s.; 1 chain, value 4s.; 12 files, value 2s.; 40 gimblets, value 5s.; and 1 pair of scissors, value 1s. of John Peachey , his master and employer, against the peace, &c.; and the said Joseph Bowley was thereupon ordered to be transported beyond the seas for the term of seven years; and that he the said Joseph Bowley afterwards, to wit, on the 25th of April last, at St. Margaret, Westminster , feloniously was at large, without any lawful cause, before the expiration of the said term for which he was so ordered to be transported ; against the Statute, &c. &c.
2nd COUNT. The same as the first, only stating that at the said delivery of the gaol of Newgate, the said Joseph Bowley was ordered to be transported beyond the seas for the term of seven years, and not setting out the offence; to which indictment he pleaded
GUILTY - DEATH . Aged 39.
886. JOHN SMITH was indicted for feloniously breaking and entering the dwelling-house of George Henry Ive , on the 27th of April , at St. Luke, and stealing therein 4 watches, value 60l.; and 4 gold chains, value 30l. , his property; to which he pleaded
GUILTY - DEATH . Aged 21.
First Middlesex Jury, before Mr. Justice Littledale.
887. THOMAS GUEST , CHARLES JONES , and GEORGE RICHARDSON , were indicted for feloniously breaking and entering the dwelling-house of George Newport , on the 17th of April , at St. George the Martyr, and stealing therein 6 coats, value 3l.; 1 waistcoat, value 7s.; 9 spoons, value 18s.; part of a gold seal, value 3s.; 1 pair of trousers, value 7s.; 2 watches, value 20s.; 2 seals, value 18s.; 1 watch-key, value 2s.; 1 ring value 7s.; and 1 handkerchief, value 2s.; his property; and 1 boa, value 7s.; 1 parasol, value 5s.; 1 silk-gown, value 10s.; 1 brooch, value 4s.; 1 set of coral-beads, value 16s.; 1 shawl, value 8s.; 1 set of blue beads, value 5s; 1 cloak, value 2l. 10s.; 1 silk frock, 3s; 1 opera-glass, value 4s. , the goods of Sarah Ann Newport .
GEORGE NEWPORT . I am a shoemaker , and live at No. 84, Theobald's-road, Red Lion-square, in the parish of St. George the Martyr , in the county of Middlesex - I am the housekeeper. On the 17th of April, about half-past four o'clock in the afternoon, I opened my shop-door, and saw two men crossng the road - one of them had a great coat on very much resembling a coat which belonged to me, and the other had a bundle - the great coat had a fur collar - whether the first man had a bundle I could not see - I then called to my daughter Sarah, who was in the parlour, to know if our bed-room door was locked; she said, "Yes" - I had left it locked when I was last up there - I ran up stairs, and found the bed-room door, on the first floor, forced open - a box was broken open, and my clothes scattered about, and some things were gone - I ran down stairs, and gave an alarm to my daughter - the lock of the bed-room door was still locked, though it was forced open - it could not have been done with a skeleton-key - I had locked the door myself about two hours before, and hung the key up in the parlour; I then went in pursuit down Drake-street, and down different streets, to see if I could see the two men - I saw a policeman, and then went to the station-house in George-street, and gave information of the robbery, that it might be in the Hue-and-Cry the same night- I then returned home - when I first went into my bed-room, I missed the things out of the box, but did not wait to ascertain what was gone - when I returned home, I re
Cross-examined by MR. LEE. Q. Do you pay the rent and taxes of the house? A. Yes; a dozen of my lodgers might pass my bed-room door to go to their rooms - I locked the door at two o'clock, and at half-past four found it broken open; I cannot say whether any of my family had gone up stairs after I locked the door.
Q.Might you not have locked the lock, and yet the bolt of the lock miss the catch? A.Never - I cannot swear that I turned round to see if it was fast, but when I took they key out I could tell it was fast, or the door would have fallen back - the street-door is often open - I know the parish my house is in by my tax papers - I missed some of these things when I first went into the room, but did not examine to see what was gone - I had not seen Guest, except when he came to my shop about the boots, to my knowledge - I can swear he is the man who applied for the boots, I have not the least doubt of him.
COURT. Q. You said the door would fall open if not locked? A. Yes, it would fall back.
Prisoner Richardson. Q.Did not you say you saw me after the robbery, before you saw me at Bow-street? A. No, unless it was you that was at the corner of Drake-street, with a bundle under your arm - I will swear you are the person.
COURT. Q. I thought you said you could not be certain who it was? A.He had a blue coat on at Bow-street, and I believe him to be the man I saw with the bundle under his arm in Drake-street, but cannot swear positively.
SARAH ANN NEWPORT . I am the daughter of George Newport - on the 17th of April, about four o'clock, I was at tea in the back parlour; I looked into the yard through the window, and saw a man there; he was a man who I had seen come into my father's shop on the Saturday week previous; I knew him again directly - he had come on the Saturday night as near eight o'clock as possible; it was the Saturday fortnight before - it was two weeks, and part of another week; another man was with him on that night(pointing to Guest) - I am positive it was that man, I made the remark to my father the moment I saw him; he merely looked into the parlour window - the moment I went to Bow-street, I recognised Richardson as having been with him on that Saturday; about ten minutes after I saw the man in the yard my father gave an alarm of robbery, I went up stairs with my father, and found his bed-room door broken open; there were two pieces of wood broken off the door, and the lock was forced out - the lock of the box was forced, and the lid broken - there was a child's money-box in a drawer of a chest of drawers, and I found that broken and laid on the table, with the poker by the side of it; and I found my father's box emptied of the whole of its contents; and the bottom drawer, which belongs to me, but which had not been locked, was opened and emptied - I missed a cloth cloak belonging to me, a black silk frock, a boa, and, I think, a shawl was taken out of that drawer, but can't be certain which drawer it was in; it was in one of the drawers - when I first went up, I did not notice what was missed, but while my father was gone in search of the men, I examined to see what was taken away.
Cross-examined by MR. LEE. Q. One of the prisoners looked through the window, was it not quite a momentary thing? A.Quite so, but I distinctly saw him, his eye was exactly fixed on mine; and the moment I saw him, I recognised him - I am positive it was Guest, he had the same coat on at Bow-street, but I speak to his face; the coat at first struck me, but the moment I looked in his face, I knew him to be the man I had seen on the Saturday night, for I had left off what I was doing that night, and took notice of them in the shop, that they should not take any thing - I think that was on the Saturday fortnight, but am not certain - I had put all my father's things away in the box on the Monday morning, and I gave him a shirt out of the box on the 17th in the morning and it was in its usual condition.
EDWIN NEWPORT . I shall be fourteen years old on the 27th of August; I am the prosecutor's son - on the afternoon of the 17th of April - I heard the alarm of robbery; I was at tea - I went out into the street with my father - I went down several streets, and my father and I met a policeman - I then went home with my father, and was directed to go to my brother's, who lives in Rosoman-street, Clerkenwell - I saw my brother, and left him in Exmouth-street - I was then going home, and saw three men at the corner of King's-road, and Gray's-inn-lane, (it was the three prisoners) - I had seen Guest before, crossing our yard, while we were having our tea, that day - I had not seen either of the others before; when I saw the three men - I think it was Richardson who had on a great coat, which I knew to be my father's by the fur collar, and the fur being worn off at the back of the neck; I am sure one of the three had it on - Guest had a pair of trousers rolled up under his arm, and the braces hanging down - Richardson had a bundle - I can't say whether Jones had anything; because he was in the watering-house - I think Jones was first, Guest next, and Richardson last; and the last person had the great coat on - there is a stand of coaches at the bottom of King's-road - I saw a coach drive off the stand to the prisoners; they got into the coach all three of them, and the coach drove down Gray's-inn-lane - I followed it; it went to the bottom of Holborn, and then turned to the right hand - the coach was afterwards stopped; it then turned round to the left; it was then between Middle-row and Southampton-buildings - I saw a policeman, named Bolton, at the corner of Gray's-inn-lane - I said, "Can
Cross-examined. Q. How far were you from them when you saw them in the King's-road? A.Across the road; it is rather wide; there were not many persons passing - the prisoners got into the coach on the same side of the way as I stood, their backs were towards me; there were no persons before them - I am sure I kept sight of the right coach, for I ran behind it, and had hold of it - when I first saw the three men, one walked before the others - one went into the watering-house - I am sure the same persons got into the coach.
GEORGE BOLTON . I am a Policeman; on the afternoon of the 17th of April, I saw the last witness; he gave me to understand his father had been robbed, and that the parties were in that coach, No. 558 - I went after the coach, and told the coachman to stop; it stopped directly - I opened the door, and saw the three prisoners inside - I saw in the coach a large coat with a fur collar to it, and a good deal of other property, which I have here to produce; I have had it ever since - when I opened the coach-door, the three prisoners began emptying their pockets, and seemed very much confused; one of them then opened the coach-door on the other side, and Guest jumped down first, Richardson next, and Jones the last; I caught him by the skirt of his coat, and part of it came off - they ran away down Holborn; I pursued Guest, and apprehended him in Fetter-lane - I called out for another Policeman, but none were near at the time - when I took Guest, I took him by the coat, and brought him back - I had not lost sight of him - he said he did not know any thing at all about it - when I got back to the coach, I found the property which I have here - Richardson was brought back by another man from the city, and given in charge of the city Policeman - I took Guest and Richardson to Bow-street; another Policeman was with me - the prosecutor's son went with me - when I got to Bow-street, I gave Richardson in charge of another officer, while I searched the coach for the property - I found a coat on Guest, which I marked, and have here - I searched Guest's pocket, and found a handkerchief on him, which was returned by order of the magistrate; it was his own; I also found a halfpenny on him - I searched Richardson, and found 1s. 10 1/2d. in silver and copper, and I found two body coats on him.
Cross-examined. Q.Before you took Guest, had you taken the number of the coach? A. Yes, it was No. 558 - I was quite sober when the witness spoke to me, I had not tasted any thing to drink till after I left Bow-street, at twelve o'clock - the examination was in the evening - I was not reprimanded by the magistrate for being in liquor, I was as sober as I am now, and I have had nothing to-day - I heard the magistrate make no observation, if he had I should have known it - I did not lose sight of Guest when he left the coach.
Q. When you opened the coach-door, were the three men getting out on the opposite side? A. No; they were in confusion emptying their pockets - I can speak to Jones as well as the others - I am certain of them all three; they got out of the coach as soon as they could empty their pockets - Jones was on the front seat of the coach - I am positive he is the man, I never expressed a doubt of him.
Richardson. Q. You say, when you opened the coach, there was a coat with a fur collar? A. Yes, it laid on the cushion of the coach - you said nothing to me when I searched you; another officer searched you first.
THOMAS POCOCK . I am a Policeman. On the afternoon of the 17th of April, I was at Bow-street; a coach came up at a quarter before six o'clock in the evening; Guest and Richardson were in it, with two officers, and the prosecutor's son - I took charge of Richardson, and I took him in the office, and put him to the bar; after I got him inside the bar, he sat down on the seat, and in about two minutes I saw him conceal something under him on the seat - I asked what he had there? and he made no reply; I put my hand on the seat under him, and found a skeleton-key, which I produce; I have had the custody of it ever since - I afterwards heard something jingle in his hat, and found it was eight silver spoons and a set of beads; I have had them ever since - I asked what he had in his hat? he made no reply.
Richardson. Q. Did I give you my hat, or did you take it off my head? A. I took it off your head.
CHARLES SAGGERS . I am the owner and driver of a hackney-coach. On the 17th of April, in the afternoon, I was on the coach-stand in the King's-road, and was called off the stand by three persons; I drew up, and the waterman let them into the coach; they all three got in, and they had, I believe, a bundle each - I can swear to Richardson, but will not undertake to swear to the others, but believe them to be the men - I was ordered by the waterman to go to Henry-street, Portland-road; I was then on my box - I got down, went to the coach-door, and said, "Gentlemen, there is no such street as Henry-street, Portland-road;" Richardson said, "Coachman, it is Henry-street, Waterloo-road, go over Waterloo-bridge" - I went on in that direction along Gray's-inn-lane into Holborn, and turned to the right to go down Southampton-buildings, when Richardson stopped me, and asked where I was going? I said, according to his direction, over Waterloo-bridge; he ordered me to turn about, and go over Blackfriars-bridge - I turned round, and on proceeding down Holborn near Leather-lane, Bolton called to me to stop - I first saw the prosecutor's son when I was called over to take the prisoners up; he got up on the fore-wheel of my carriage as they were getting into the coach, and asked me if he could ride along with me: I had a conversation with him, and told him to get up behind the coach; I don't know whether he did or not, for I proceeded on.
Richardson. Q. Did you ever see me before? A. Never to my knowledge, but you were so particular in giving me directions, and you put your head out in Holborn, and told me to go over the other bridge - I am satisfied, on my solemn oath, you are the man who gave me those directions.
JAMES STOGDON . I am a City policeman. On the afternoon of the 17th of April, between five and six, I was in Holborn, and saw the coach driving down Holborn; Newport and Bolton were pursuing it - I followed, and heard Bolton request the coachman to pull up, which he did just by Leather-lane; Bolton opened the coach-door, and in an instant the three prisoners jumped out of the coach on the other side - I had a side view of them, and I have every reason to believe they are the three - I went in pursuit with the officer who secured Guest, and I assisted him in bringing him back to the coach; I believe him to be one of the men I saw jump out, but I lost sight of him; while I was helping to put him into the coach a man who takes the toll brought another man, and gave him into charge; that was Richardson - I did not recognise him again - I went with him to Bow-street - I staid inside the coach, and gave the property out to Bolton, and brought part of it out myself; I have had that in my charge ever since - while I was putting Richardson into the coach, a respectable person brought me an opera-glass and a ear-ring; he is assistant to Mr. Jones, the optician, in Holborn; I can't say where he got them from.
Cross-examined. Q. You had a very slight opportunity of observing them? A.Very; I don't swear positively to Guest, as several persons got before me for a moment - I believe him to be the man - I gave the property out of the coach to several officers at Bow-street; none of them are here, but what is in my possession I have had ever since.
WILLIAM BONUS . I am a City Policeman. On the afternoon of the 17th of April I was in Holborn - I saw a crowd going down Hatton-garden, and hearing a cry of"Stop thief," I went after the crowd, and took the prisoner Jones into custody in Hatton-garden - I took him from there down to our Station in Giltspur-street, and kept him there till our Inspector came in; while he was in the Station-house, he pulled three coats off his back which are here; I have had them ever since - the one he had on outside the others had the flaps to it torn, but he took the rest of the flaps off at the Station-house; there was a piece wanting to complete the flaps - he asked me to lend him a knife to cut off the flaps - I told him I should not lend him a knife, but he might do as he thought proper, and he then tore them off - I found on him a coin which is stated in the indictment as a 7s. piece. and 2s. 3d. in halfpence, and 1s. in silver, and a knife and a pencil - they were in his pocket.
GEORGE NEWPORT . (Looking at the coats produced by Bonus) - Two of these coats are mine; the one with the flaps off is not mine - I know nothing of the knife, and pencil, and 7s. piece - I don't know that I had one unless I took it for half a sovereign; I have no particular marks on the coats, but I know them from having worn them - I had seen them in my box a few days before- I had worn one on the Sunday before.
GEORGE NEWPORT. (Looking at the coats found on Richardson) - This coat is one I lost from the box, and this other one is mine also; (looking at the one found on Guest) - this is mine; I had two black coats, one with a velvet collar and one without - I only know them from the wear - they have been in my possession these two years; they were all kept in my clothes-box - I might have seen them about a week before; I have not worn two of them for two years, but I have seen them - here is a pair of trousers, a waistcoat, and great coat, which belong to me; here are some of my own things in my trousers-pocket, and here is the great coat which I saw on the back of the tallest of the two men, who I believe to be Jones, and this black silk waistcoat I can swear to by having burst it here - here is a silver spoon of mine, and part of a gold seal which Bolton has produced, and this medal - I had seen the seal on Sunday, but the spoon I might not have seen before; and these pearl beads belong to my daughter - this brooch belongs to me - the medal belonged to my son, it was a reward which he had at school.
SARAH ANN NEWPORT . This boa is mine, and the shawl is mine - I had sewn it together myself, and this frock - I don't know it by any particular mark - I had worn it on the Monday; this necklace is mine, and this half buckle matches the other part which I have at home; this implement (a small crow-bar) I found in the box the next morning - this parasol is mine, and this pocket handkerchief - I know the opera glass is mine - this cloak is mine - this great coat I know it to be my father's by the collar, and these trousers of his and the waistcoat I put in the box on the Monday morning; and this coat I also know to be my father's, and this one also - (Pocock here produced eight spoons) - these spoons were, with the other things, in the drawer - six are marked, and two are plain; they are my father's - six of them are marked with three letters, one W, and the others N - I think I saw them in the drawer on the morning of the robbery.
SARAH ANN NEWPORT. I know this frock and the cloak - this opera glass is mine; I wore the cloak the evening before.
GEORGE NEWPORT. This watch is mine, and one seal and part of another; this other watch belongs to me, and this ring belongs to me - I had worn one watch on the Sunday before - the value of all the property belonging to me is 8l. or 9l. - I could not buy it for that.
SARAH ANN NEWPORT. The value of my property is not less than 10l.; the cloak is worth 3l. 10s., the coral beads cost 2l., I have had them two years, I suppose them worth 1l. - the silk gown is not worth above 10s., the boa 10s, the parasol 9s. or 10s. - the brooch don't belong to me; the shawl is worth about 10s.
Guest's Defence. I throw myself entirely on the mercy of the Court - I wish Bolton to be asked, if he did not pull off my own coat instead of the one he says he found on me.
Jones' Defence (written). My Lord and Gentlemen; - I was passing along the street, and met my fellow-prisoners carrying bundles; I had had a slight public-house acquaintance with them, and I consented to carry them. It was suggested that it would be less difficult to carry the coats on our backs than in bundles, and we put them on. I soon found the situation I had placed myself in when the coach we were in was stopped, and being alarmed for my own situation, and the disgrace which my family would suffer, I consequently ran away. I knew nothing of the robbery nor should I have received the property, had I not unfortunately accidentally met my fellow-prisoners. I have witnesses to my character, and hope your Lordship, and you, Gentlemen, will consider my case mercifully.
Richardson. I throw myself on the mercy of the Court.
CHARLES KAY of St. John's-square, silversmith, and MARIA SWINTALL of Church-street, Blackfriars, deposed to the previous good character of Guest, and John Wildsmith of Castle-street, Oxford-street, tailor, to that of Richardson.
GUEST - GUILTY - DEATH - Aged 16.
RICHARDSON - GUILTY - DEATH - Aged 21.
JONES - NOT GUILTY .[May 16th.]
888. WILLIAM WARD was indicted for feloniously breaking and entering the dwelling house of John Allen , on the 13th of May , at St. Leonard, Shoreditch, and stealing therein, 1 shawl, value 10d. , his property.
ELIZABETH ALLEN , JUNIOR. I live at 10, Susannah-row, Curtain-road ; I keep a shop there for John Allen , my father; it is in the parish of Shoreditch; I don't know whether it has any other name - I keep a ladies' clothes shop - on the 13th of May, at half-past 10 o'clock in the morning, part of a square of glass was pushed out of the window; I heard the glass fall; I turned round and immediately ran out and saw the prisoner, and took him - the glass was part of the window; I saw it had fallen inside; it had been cut the week before, and I had a piece put in, and it was made secure - on running out I saw the prisoner with his hand on a shawl which was in the window - it was just out of the shop; I took him and held him till a young man came who I gave him to; he is the boy; he struggled to get away from me - the shawl had been on the shewboard with several others.
JOSIAH GILL . I am a shoemaker. The prosecutors' house is in St. Leonard, Shoreditch - I saw the prosecutrix holding the prisoner - I ran across and took him from her- the shawl was then hanging out of the window.
JOSEPH HUNT . I live in Susannah Row. I was standing at my door and saw the prisoner scuffling with Miss Allen to get away, and before I could get over Gill had got him into the shop - I saw the shawl hanging out of the window.
Prisoner's Defence. I was going to work - as I stood at the door she seized me by the collar; I asked what it was for - she said it was for a shawl, and I tried to get away.
Jury to E. ALLEN. Q. Did you see the prisoner's hand in the act of taking hold of the shawl? A. Yes; he had hold of it, and was drawing it out - I laid hold of him within a minute - the shawl was about half way out of the window; I did not see him break the glass.
[16th May.] GUILTY - DEATH . Aged 14.
Recommended to Mercy on account of his youth.
Before Mr. Justice Bosanquet.
889. NICHOLAS WHITE was indicted for feloniously breaking and entering into the dwelling-house of Thomas Batchelor , on the 19th of April , at St. Matthew, Bethnal Green, and stealing therein, 15 pieces of paint, value 2d. , his property.
THOMAS BATCHELOR. I keep a house and shop in the parish of St. Matthew, Bethnal Green . A pane of glass in my shop window had been damaged - it had been broken by a knife, or something, and had been mended by a piece of glass being put over it and stuck on with putty; it was quite safe until Friday evening, the 19th of April, between 6 and 7 o'clock, when I was at work backwards, and this happened - my son alarmed me - I know nothing of it myself.
DANIEL BATCHELOR . I am the son of the last witness. I was in the sitting room behind the shop - on Friday, the 19th of April, about half past 6 o'clock, three or four little boys came in and gave me an alarm; I went out at the street door to see what had been done; a window had been cut about 6 weeks before, and several little toys stolen on that occasion - a patch had been put over the hole and secured with putty - I found this patch was cut or broken; the putty had been cut away under the glass, apparently by some sharp tool like an oyster knife, that had been forced under the glass and started it up, and a piece off the patch had been pushed in; the hole was only the size of part of the patch; perhaps it was a big as half of my two fingers - I then went into the shop and opened the glass frame; I took out the piece of glass which had been forced, and 2 little boxes of paints, which stood just by the hole, had been overturned, and the paints drawn through the hole - I went out and spoke to the little boys, and learnt from them, that they should know the person; I told them if they should see him to let me know - the prisoner was taken up that night, but I did not see him till I was at Worship-street Office on the Monday; and I there saw some paints precisely of the same description - I know nothing of the prisoner.
Prisoner. He was standing at the window at the same time, and he poked his finger through it himself, and told us to bring out the boxes. Witness. I did not.
Prisoner. He told me to take out the brushes, and they would do to paint with. Witness. No; he said he wished he had got a knife to cut the window out, and then he could get all the things.
JURY. Q. How far from the hole were the paints? A. He stood close to the window; he got the paints out with a stick; they were in a case, but he could not get the case out - the hole was not big enough - he got the whole 15 out - I went in to tell directly I saw him doing it.
DANIEL BATCHELOR . I found the boxes, which were made of pasteboard, disturbed, and nearly turned over - they were quite close to the window, and the paints could easily be pulled through with a stick; the size of the hole was the size of half two fingers this way (broad) - the hole was parallel with the bottom of the box, and they could be scraped out of the window half a dozen at a time.
JOHN BASFORD . I am the son of Thomas Basford, who lives in King's-place, Hackney-road. I did not know the prisoner before this - on Friday evening I was by Mr. Batchelor's, and saw the prisoner poke a stick through the window - I found him standing opposite the window when I came up with Davis - he broke the window with the stick, and then took the paints out of the window with his finger - I went into Mr. Batchelor's shop and told him, and went with Davis afterwards to look after the prisoner, and found him looking into a tobacconist's shop in Shoreditch; I afterwards met a policeman and gave him information, and he took the prisoner.
Prisoner. There was another boy with me; I saw another boy running up Hackney-road; he threw something from his pocket; I took it up and found it was paints.
CHARLES GRANT . I am a policeman. I was on duty in Hackney-road; the two witnesses gave me information, and I took the prisoner in Shoreditch - I found 15 squares of paint in his trousers pocket; he had a bundle of firewood in his hand; I took him to the station-house, and I showed the paints to Mr. Batchelor - I took the prisoner myself from the boys' description, and directly they saw him they said that was him.
[May 16th.] GUILTY - DEATH . Aged 9.
Third Middlesex Jury, before Mr. Justice Bosanquet.
890. JOB COX . That he, before and at the time of committing the offences, in the first 4 COUNTS mentioned, was a letter-carrier , employed by and under the Post-office of Great Britain, at the parish of St. James', Clerkenwell, and that whilst he was such letter-carrier, to wit, on the 10th of April last, at the parish aforesaid, a certain letter then lately before sent and conveyed by the post from Birmingham in the county of Warwick, to the General Post-office in London, for and to be delivered to one Richard Dugleby , at No. 8, Queen-street, Picton-street, George-street, Surrey, and containing 1 bank note for the payment and value of £5 came to his hands and possession; and he was then and there entrusted with the same, in consequence of such his employment, for the purpose of delivering the same to and for the said Richard Dugleby; and that he afterwards and whilst he was such letter-carrier, to wit, on the same day, feloniously did secrete and embezzle the said letter so containing the said bank note, the said bank note being the property of one Richard Chinn , against the Statute, &c.
2nd COUNT, like the 1st, only for stealing the bank note out of the letter, and omitting the words printed in italics.
FOUR OTHER COUNTS, like the four former, only stating that he was employed by and under the Post-office of Great Britain, in delivering certain letters sent by the post to the General Post-office, London, to wit, at St. James', Clerkenwell.
MESSRS. ADOLPHUS, SHEPHERD, and SCARLETT conducted the prosecution.
RICHARD CHINN . I live at Birmingham. On the 26th of March last, I received a letter from Mr. Dugleby; in consequence of which I gave Scattergood, my son-in-law, a 5l. note on the 28th of March, I asked him to write a few lines to Mr. Dugleby, and to enclose the 5l. note, and I gave him 1s. 6d. to pay the postage; on the Tuesday following I received information that it had not arrived - I only know the note was one I received from Goodrich, but could not swear to it.
Q. Look at this note there are the letters G G on it? A. I believe this to be the note; but my eyes being so bad I can't identify it without my glasses.
Cross-examined by MR. LEE. Q.You cannot say that is the note? A. No; I know it was the same note as I received from Goodrich, because I had no other.
WILLIAM SCATTERGOOD. I am son-in-law to Mr. Chinn. In March last I recollect he gave me a 5l. bank note to inclose in a letter to Richard Dugleby; I inclosed it on the 29th of March - I took the number and date of the note, and have them here in my own hand writing -(looking at a 5l. note) I believe this to be it, and the number and date correspond - I read the letter from Mr. Dugleby, this is it; I made the memorandum of the note which I sent on it, it was 19,743, dated October 22nd, 1832- I directed the letter sent to Mr. Dugleby with my own
Cross-examined. Q. When was that memorandum written on the letter? A. At the time I enclosed the note in the other letter - I did it in the counting-house; nobody was present at the time, but before the letter went there were two other persons there; neither of them are here - I wrote the letter, enclosed the note, wafered it directly, and put it into my pocket till I sent it to the Post-office - I am quite sure it never went out of my possession till I gave it to Thomas Green - I only know the note by the number and date corresponding; I cannot say it was not a forged note that I enclosed.
COURT. Q.How long might the letter remain in your pocket before you sent it to the office? A. About two hours and a quarter; the wafer must have been dry before it was sent to the post.
THOMAS GREEN. I remember taking a letter from Mr. Scattergood to the Post-office - I don't remember who it was directed to; I took it to the Post-office with 1s. 6d.; I can't remember when it was - I heard nothing afterwards about its not arriving; I went to the Post-office and delivered it; I did not alter nor meddle with it till I delivered it at the Post-office, which is about a quarter of a mile from my place of business; I asked the postmaster how much the letter was, he said 9d.; I gave him that, and carried the 9d. back to Mr. Scattergood - I delivered it at the office twenty minutes before five.
Cross-examined. Q. Are you errand-boy to Mr. Scattergood? A. No, to Mr. Butteridge - I received the letter about half-past four - I never received one before to take for Mr. Scattergood; I did not put it down anywhere after I received it; it was looked at at the office with the usual care - I had no other letters that day - I was going to carry some goods, and went to the office at the same time.
EDWARD BIRD . I am chief clerk at the Birmingham Post-office. It is my duty to make up and dispatch the letters for London; a letter put in before five o'clock in the afternoon would go to London by that night's mail - a letter bill is made up every day with the amount of the paid and unpaid letters - here is the bill for the 29th of March, the paid letters are 4l. 8s. 3d; the double postage from Birmingham to London would be 1s. 6d., a bank note would make it a double letter - the bag was sealed, and dispatched that evening under my own eyes.
Cross-examined. Q. Do you mean that it was done by your authority? A. The letters were made up by myself, and put into the bag by myself - there is nothing in this bill to shew what each letter came to, it is only the total amount - I don't receive the letters at the window, the clerk in attendance does; I believe his name is Vaughton; he is not here - there are plenty of paid and unpaid letters for London, but in the hurry he might take the wrong postage, and charge a single for a double letter, or a double one single.
MR. ADOLPHUS. Q.Whether you discover a note in a letter depends on the accuracy of folding or not? A. Yes, they are often folded to avoid being noticed, and it often succeeds.
JOHN HINTON . I am a clerk in the General Post-office. I received the Birminghan paid bag of the 29th of March- it arrived safe in its usual state; the amount of the paid postages corresponded with the paid letters from which we presume the letters came safely.
Cross-examined. Q. Will you swear that on that day you took each letter and added the postage together to make it 4l. 8s. 3d.? A. I will - it was my duty to do so- I have a memorandum on the bill, which states it to be the bill of the 29th of March, that was done at the time I calculated the amount of the letters.
COURT. Q. The postage is marked on the letter, and you compare that with the amount in the account? A. I do.
THOMAS SIMPSON . I am a clerk at the General Post-office. It is part of my duty to examine the paid letters, and take an account of them, and to ascertain that the postage is charged right - if a double letter was charged single, I should put a double rate of postage on it with my initials - we have a stamp marked "more to pay" if it is a paid letter; if a 1s. 6d. letter was marked 9d., I should put "more to pay, 9d." on it.
Cross-examined. Q. Is it your sole duty to superintend these letters? A. Yes, it is my duty - I charged a letter double which turned out to be single on one occasion.
RICHARD BICKERTON . I am a charge taker of the 4th division of the carrier's office; my duty is to take the letters which come from the "blind sorter" and deliver them to the letter carriers - "blind letters" are letters with imperfect directions, and sometimes letters which have been sorted to other divisions by mistake; they come from the inland office to book, which means to go to the blind sorter - each charge we take notice of separately in the book, they are afterwards delivered to different sorters; if a sorter cannot find a direction he brings it back; for instance, if it was,"George-street, London," if he does not find the George-street in his division, it is sent to another George-street - on the 30th of March, I remember a letter for the blind sorter, directed to Queen-street, George-street, Picton-street, London; I called it out in the office as loud as I could, and nobody answered, and I put it to Great Queen-street, Westminster, I gave it to James Swift , who delivers in Great George-street, and Great Queen-street, Westminster, both - Swift returned the letter to me the next day or the day after, I then gave it to Robert Allen to carry it to Great Queen-street, Seven-dials, he returned it on the following day, the 2nd April, I then took it to the blind sorter, and transferred it into the hands of Daniel Miller, the charge taker of No. 3 division, I remember 9d. more to pay was stamped on it.
Cross-examined. Q. Is it part of your duty to deliver letters? A. Yes, I have a walk, I have been six years in the office - it has happened that a letter marked, more to pay, has been found to be single - there is not an entry made of every letter in the blind sorter's office, but when the direction is very bad and there is little probability of finding the person a list is posted in the hall for the public to see - there are sometimes a hundred letters sent to the blind sorter in a day, we frequently find a great number misdirected - I cannot tell the direction of all the letters, but I know this letter came into my hands from the book - I have the transfer
Q.Then what enables you to speak to this particular letter, being directed as you have said? A. It being such a very singular address, which I never heard of before, and being an extraordinary address I considered it a letter of consequence; letters are frequently marked, more to pay, but they usually have correct addresses - I was not examined at the police office, I gave the letter to Swift and to Miller with my own hands - if a carrier cannot find an address he keeps the letter three weeks, it is then entered in the return book - there are cupboards kept to lock up letters in, which cannot be found out - I cannot swear what Swift did with the letter till he returned it to me in due course.
MR. SHEPHERD. Q. It was marked 9d. more to pay, would Swift be charged with that 9d.? A. Yes, and when he returned the letter, the 9d. would be allowed in his general account.
JURY. Q. Can you inform us whether there were any more letters received that day which would be charged 9d. more to pay? A. I cannot say, but no other came under my cognizance that morning; I can tell that from my book - it is possible that a thousand letters might pass through our division.
MR. SHEPHERD. Q.Would this letter appear in your book? A.The transfer of it from the 4th division to the 3rd would.
JAMES SWIFT . I am a letter carrier for Queen-street and George-street, Westminster; I remember receiving a letter directed to Queen-street, George-street, Picton-street, from Mr. Bickerton; I dont know the name of the third street, whether it was Picton or Picket; it was marked 9d. more to pay, I could not find the person to whom it was to be delivered - I took it back to the Post-office, and gave it back to Mr. Bickerton, he allowed me the 9d.
JOHN FLEET . I am one of the sorters of letters in the blind letter office, they are letters imperfectly directed - I remember seeing a letter in our office between the 6th and 12th of April, directed to 8, Queen-street, George-street, Picton-street, London, and 9d. more to pay marked on it, it had been out to other places before it came to me - the prisoner was in the employ of the Post-office as letter carrier, at that time to the 8th division; Northampton-square is in that division, and Charter-house-square; there is a Queen-street in that division, and that would be in the prisoner's delivery - I sorted the letter into the No. 8 division.
Cross-examined. Q. From whom did you receive it? A. It came among the letters in the usual way from the 3rd division; it was brought to me at my writing table, I cannot say who by - I believe there is a Queen-street, George-street, Picton-street, in Camberwell; we should have sent it to Camberwell at first, if it had been so directed.
MR. ADOLPHUS. Q.How would you sort a letter for Camberwell? A. To the 2d. post delivery.
JOHN PAINE HODGE . I am charge taker to the 8th division; Northampton-square is in that division; the prisoner was the letter carrier to that district; a letter coming to my possession directed to George-street, Queen-street, Picton-street, I should sort to his delivery; Queen-street, Northampton-square, is in his delivery; I have a faint recollection of a letter coming so directed, early in April - if he received the letter and could not find the person he should have returned it to me the following morning, in order that some other Queen-street might be tried.
Cross-examined. Q. Would the letter be given to the prisoner in the first instance? A. No, but if it came into our division it would be given to him - I do not know of it being given to Swift, I do not swear positively to the direction.
MR. ADOLPHUS. Q.Swift don't belong to your division? A. No.
THOMAS COLLIS SUTTON . I am foreman to Mr. Rockley, of Great Surrey-street, Blackfriars, wine merchant, (looking at a 5l. note), this has my own hand-writing on it - on the 11th of April the prisoner came and asked me if I could change him a 5l. note; I was in the bar; I went and asked Mr. Rockley, who was in the parlour, for the change, and in consequence of what Mr. Rockley said to me, I gave him change - the prisoner handed me the note, I asked him his name and address, he said Robinson, 29, Atfield-street, which I put down on the note at the time on the counter, that name and direction is on it; I then took the note to Mr. Rockley; I gave the prisoner the change - I asked if his name was Robinson or Robertson, he said Robinson (this was before I wrote the name) and I wrote Robinson; Joseph Fuller was present - there are the figures 4, 11, 33, on the note, meaning 11th of April, 1833; I had some conversation with Fuller after the prisoner was gone.
Cross-examined. Q. Had you known the prisoner before that time? A. Yes, he used to come in often in the morning, a little after five - it is my custom to make a memorandum on the back of notes - I made this memorandum on the counter before him.
COURT. Q. You had seen him before? A. I have known him about two months, but did not know his name, I knew he was in the general Post-office.
JOSEPH FULLER . I am a waterman on the Thames; I have known the prisoner some years - I was in Mr. Rockley's shop one afternoon, I think it was on a Thursday, the 11th; I heard the prisoner ask Thomas Sutton for change for a 5l. note, he got him change; he gave his name as Robinson, 29, Atfield-street, within my hearing; he received the change, and after he was gone I said something to Sutton, and was called on as a witness at Bow-street afterwards - at the time I spoke to Sutton, I knew the prisoner's name was Cox, and knew he belonged to the General Post-office - I saw him at Bow-street, and knew him again there; he is the man who gave his name as Robinson, and got change for the note.
Cross-examined. Q. Look at him and tell me conscientiously whether you have not a doubt of him? A. I have not a doubt, I think it was about five in the evening, it was at the bar, which is not a dark place, nor particularly light - I only had a side view of him; I have known him some years, and saw him frequently; I had seen him at different times, perhaps three or four days before, but I cannot exactly say.
Q.Will you swear you had seen him for three or four months before? A. I think I can, there was nobody but him and the witness at the bar; I was certain at the time that his name was Cox - his asking for change did not create suspicion in my mind, I considered him a respectable man, but when he gave that address, I said to myself,
MR. ADOLPHUS. Q.Besides his face did you notice his dress? A. I did, he had a great coat over his red Post-office coat; I communicated with Sutton directly he left, which was directly Sutton wrote his name and gave him the change - I did not know where he lived, and could not tell whether he gave a false address, or was changing it for another person.
GEORGE LEADBITTER . I am a Police-officer - on the 13th of April I apprehended the prisoner at his lodging, in a street leading out of Stamford-street, Blackfriars-road, it is Duke-street, or Thomas-street, I am not exactly certain which; it is No. 13; it was not Atfield-street, I think it was Thomas-street, it leads out of Stamford-street - I am sure it was not Atfield-street; there is an Atfield-street in Stamford-street - the prisoner would have to cross Atfield-street every time he went from his lodging to the Post-office.
Cross-examined. Q. You cannot say whether there is any other Atfield-street in the neighbourhood? A. No.
RICHARD DUGLEBY . In April last I lived at 8, Queen-street, Picton-street, Camberwell; I was unwell, and gave directions for a letter to be written to Mr. Chinn on the 25th March I think, and in consequence of that I expected a remmittance from him, which I did not receive - I left that house on the 4th of May, I did not receive the remittance at any time.
Cross-examined. Q. On your letter there is "8, Queen-street, Waterloo-street," and that is struck out; is this your writing? A. No, my son wrote the letter by my dictation.
MR. SHEPHERD. Q. The letter is dated from 8, Queen-street, Picton-street, George-street? A. Yes, because the street goes out of those streets.
MR. LEE. Q. It is not Queen-street, George-street, Picton-street, but Picton-street, George-street? A. Yes.
BENJAMIN CRITCHETT . I am inspector of letter carriers; I produce the letter carrier's time book, in which they enter the time at which they finish the delivery of their letters; I know the prisoner's hand-writing - on the 1st of April his name was entered in his own hand-writing; it is entered every day from the 1st to the 10th for Charter-house-square delivery, which is the same as Queen-street, Northampton-square - he was in attendance on the 30th and 31st of March.
Cross-examined. Q. How far have you searched the entries? A. I have gone from the 30th of March to the 10th of April, that is all I have referred to; I find he was there on the 11th and 12th, the entries are in his own writing - there are nine or ten more persons in that division, but he is the only one who would deliver in the Charter-house-square district - the seat which we call a division has nine or ten more persons; if a carrier was unwell and another took his place, the substitute's name would appear instead of his.
COURT. Q. Explain, is there more than one person to the Charter-house-square district? A. No, several belong to the division, but only one to the district; the prisoner having signed the book proves he was on duty on those days.
Prisoner's Defence. My Lord and Gentlemen of the Jury. There is one book which has not been produced of great importance to me, that is the "cart book" - Fuller states I was in the public-house between four and five in the afternoon; I left home at three in the afternoon, and called at my brother's in Holland-street, Blackfriars-road, then proceeded over Blackfriars-bridge, on my way to Tottenham-court-road; I had no red coat on then, but the dress I have now; I might have had my great coat, but I am not certain; I do not wear a great coat one time out of twenty, either morning, afternoon, or evening - I have turned out at five in the morning in all weathers, and left home without a great coat, because I knew what I had to go through, I knew the fatigue of my office - Fuller has spoken very false in saying I was there at five in the afternoon, I had to leave home at three and go to Tottenham-court-road, and be at the office by four, at which time the mail cart left there to proceed round the west end of the town, and be back at the post office at five; and after delivering my bag in by the mail cart I used to go to Charter-house-square, and ring my bell from five to six, and if I was called on duty by the inspector, I had to stop till eight - Fuller is a false man, and why has he come here, because a few years ago his own sister robbed my father of six silver spoons and my father never prosecuted her, and now he comes here to-day to swear to injure my family - now, my Lord, I delivered six years and a half in Russell-square walk every day to Mr. Pollock, M.P. and Mr. Wild, Sir Charles Flower; Sir Thomas Denman , the present Lord Chief Justice, of whom I received many favours; Mr. John Capel ; and Mr. Serjeant Bosanquet (my now Judge on the bench;) Lord Tenterden; the Honourable Mr. Abbot; Mr. Justice Gazelee; Mr. Baron Vaughan; Mr. Rawlinson; Sir Thomas Lawrence; Mr. Rogers, the Magistrate; and the late Alderman Waithman - I delivered all their letters, and there never was a single complaint sent up against me; I hope and trust you will let my friends come up to testify to my character.
MR. LEE to Fuller. Q. Do you know the prisoner's father? A. Yes, I never heard of any charge being made against my sister for stealing spoons, this is the first I ever heard of it.
William Smith, of John-street, Edgeware-road, coach-maker; George Marshall , Blackman-street, Borough, chop-house keeper; Thomas Gardener, Ossulston-street, Somers-town, grocer; Charles Spong , Alfred-street, Bedford-square, tailor; William Crowford, Camberwell, baker; Joshua Bowl , Princes-street, Stamford-street, cow-keeper; Ann Hall, of Church-row, St. Pancras; John Goldfinch , Old Bailey, fishmonger; and William Sibbald, Lamb's Conduit-street, a servant out of place, deposed to the prisoner's good character.
[18th May.] GUILTY - DEATH . Aged 32.
891. MARY JONES was indicted for feloniously breaking and entering the dwelling-house of Ithiel Price , on the 19th of April , at St. Dunstan, Stebonheath, alias Stepney, and stealing therein 1 coat, value 5s.; 1 waistcoat, value 1s.; 1 child's coat, value 1s.; and 3 aprons, value 2s. , his property.
ITHIEL PRICE. I live at No. 4, Redman's-row, in the parish of St. Dunstan, Stepney ; I am parish-clerk of Stepney; it is my dwelling-house. On the night of the 18th of April, I went to bed about ten o'clock; the house was safely shut up - early the next morning I was awakened by the Policeman knocking at the door, I came down, and found the kitchen-window had been broken open, the shutters were forced, and two panes of glass were broken, which would enable a person to put their hand in to open the casement; there are iron bars, but they are wide enough to admit a small person through them - I went to the Police-station, and saw the articles mentioned in the indictment; I then missed them - I had not missed them before.
Cross-examined by MR. LEE. Q. Who fastened the house up? A. I expect my daughter did; she is not here- this window was fastened before we went to-bed; I had seen it fast perhaps half an hour before we went to bed - I am married - my son was at home, and in bed before me - I did not see him in his room, but he was ill, and had some gruel, and went to bed half an hour before me.
ITHIEL PRICE, JUN. I am the prosecutor's son. I don't know the prisoner - I did not see her in my father's house that night - I never saw her in my life.
Cross-examined. Q.Upon the solemn oath you have taken, were you not in your father's house with this girl? A. Never; I did not get her through the kitchen-window that night - I had never seen her in my life - I never took any female of this sort to my father's house in my life - I did not give the prisoner 6s. - I never saw her in my life to my knowledge - when I got home that night, I went down stairs, and had some gruel, and went to bed at half-past nine - I did not get up till I was called by my parents the next morning - my brother-in-law, and my five sisters, were in the house - I have no brother - I was subpoened here by the solicitor for the prisoner - there is only one lodger in the house, which is a female.
JAMES DARE . I was employed to watch some premises opposite the prosecutor's house - at an early hour in the morning of the 19th of April, I was standing opposite the prosecutor's house, and saw the prisoner come out of his kitchen-window with a parcel of things; she stood some time, and then came towards the door, and as she came she made some answer, as if she was speaking to some person in the kitchen - I crossed the road towards her - she concealed the parcel under her cloak - I could not see what it was - she went on, and turned down a court; I went and brought her up with the assistance of the private watchman, and gave her to the Police.
Cross-examined. Q. Did you see any person put a bundle through the bars? A. No; I think the prisoner saw me - it was a few minutes before four o'clock - I did not see any man near there.
JOHN WALCH . (Police-constable K 72.) I was on duty at Stepney-green on the morning in question - the last witness gave the prisoner to me, and this bundle - I took her to the Station-house, and then went to the house - I saw two panes of glass broken, which would admit a hand to open the window - I cannot say how the glass had been broken, or how the window had been opened, it was open.
MR. LEE to ITHIEL PRICE. Q. Were there inside shutters to your kitchen window? A. Yes, which were fastened with a bolt at the bottom - the casement opens outside, and fastens with a turn buckle - there are some upright iron bars, which are rather too wide to prevent a small person from getting through - there was a bolt at the bottom of the shutter, which bolted into the cill, and that bolt was forced off.
COURT. Q. Was it such a bolt as it was possible for such a person as the prisoner to force off? A. I think she could - I never saw the prisoner before - I was at the Station-house; my son came there immediately after me - she made no remark of what the learned counsel has suggested- she said before the magistrate, when he asked her what sort of a man it was who took her into the house? that it was a good-looking middle-aged man, and she then had 6s. but the Policeman had searched her at the Station-house, and she had no money there.
Prisoner's Defence. I was very much intoxicated, and in going down Mile End-road, a man stopped me close by this place, and took me into this house; he put some rubbish down for me to lay down on, and gave me 6s.; I had not put the 6s. in my purse, but between my stays and my bosom; the Policeman did not find it; but before I went to the magistrate the officer asked me if I had the money, and I showed it to him.
COURT to ITHIEL PRICE. Q. Was any other man in the house? A. Only my son-in-law, who is here.
ITHIEL PRICE. These articles are mine, they were in my kitchen.
COURT. Q. What state was the fastening in inside the shutter? A. There was a small bolt in a very good state- I think a girl like the prisoner could have pushed it in with her foot while she was in the area, the bolt was not of that strength which it ought to be.
JURY. Q. Had the bolt been put on with screws? A. No, it was an old bolt nailed on - I found the bolt, it appeared as if a person had shoved against it, the cill had given way a little, and the bolt had come off; but I had always trusted to the iron bars; the area is two feet six, or three feet wide.
COURT. Q. In what state did you find the kitchen-door that opens into the passage? A. That was bolted in the morning, no one had passed through there.
[May 18th.] GUILTY - DEATH . Aged 18.
Recommended by the Jury to mercy, on account of her youth.
Second Middlesex Jury, before Lord Chief Justice Tindal.
MR. CLARKSON conducted the prosecution.Thomas Cooper go in, and about a quarter of an hour after that I heard the report of a pistol, and went to my window, and saw the prisoner with a pistol in his right hand, and Thomas Cooper had hold of the tails of his coat, one tail in each hand, he (Cooper) was stooping; Davis was trying to get out of the stable; they were in the stable, and the door of the stable was open; Davis succeeded in getting away, and left the tails of his coat in the hands of the deceased; Cooper then fell on his right side- my window is about eighteen yards from the stable - I could see as I stood there a little blood on Cooper's smockfrock - when Davis got away my husband went down stairs- Cooper looked up at me while Davis was making away towards Bloomsbury-court, and made an exclamation - I can't say whether the exclamation was loud enough for the prisoner to hear, I heard it from my window - Davis was about as far from him as I was - I heard it quite distinctly, he said, "O God! George has shot me" - I went down to Cooper to the stable-door - I saw him last Sunday at his own house in 37, Brownlow-street, Holborn, dead - I am certain he is the same man as I saw in the stable.
Cross-examined by MR. LEE. Q. Your window is eighteen yards from the stable? A. Yes, as near as I can tell - had heard no quarrel, nor any noise, before I heard the report - I had been at the window about five minutes before, but was not there when I heard the report; I went to the window when I heard it - they were in the stable, I could see distinctly into the stable, they were about the corn-bin, dragging towards the door - I saw John Burrows come out, he was there at the time - I have seen Cooper day after day, living in the neighbourhood for three years - I am certain I afterward saw the same man at Brownlow-street - I had been to the window, and asked Cooper what was o'clock; it was half-past five when he came.
Q. Had he a stick in his hand when you saw him in the stable? A. I never saw him with one - at the time he made the exclamation, the prisoner was going to make his way down Bloomsbury-court; he had not turned the corner, he had got across the road - I knew the prisoner by sight before - I did not observe his face.
Q. Your reason for saying he is the man then, is from seeing the skirts of his coat torn? A. Yes, and I knew him well before.
MR. CLARKSON. Q. You saw the deceased go into the stable about half-past five, he had no stick then? A. No; I had seen the prisoner go into the stable that morning; I saw his face then, and saw him endeavouring to get from the person who was holding the skirts of his coat, and am perfectly certain he is the man.
JOHN WARD . I am the husband of the last witness. On the morning of the 2nd of May, I remember hearing the report of a pistol; I was up stairs in my room with the window open - my wife was at the window; immedilately after hearing the report I heard an exclamation twice over, "Oh Lord, Oh God, George has shot me!" I went to the window (it was while I was at the window I heard him cry out) - I saw the prisoner run out of the stable-door into the street, wanting to make his escape; I opened my loft-door and looked out, and saw him running away with the pistol in his hand - I went down to Cooper's assistance, and went for a doctor, and when I was at Mr. Ireland's, the doctor's door, I saw the policemen bringing the prisoner back; that was 600 or 700 yards from the stable in Hart-street; I observed the skirts of his coat were torn off.
Cross-examined. Q. Had you known the prisoner before? A. Yes; I have lived opposite for two years and a half; and I knew Cooper before - I did not hear the least noise or words before I heard the report - I saw no stick in the deceased's hands when I came out, nor did I see a stick near the door.
JOHN BURROWS . On the 2nd of May, I was in the service of the prisoner's father. His father had told me to come to work that morning - I sleep in the stables - I was cleaning the horses about half-past five that morning; the deceased came to the stable at the same time, which was his usual hour - I did not see the prisoner about at that time, but about five or ten minutes after the deceased came in, the prisoner came in and was standing against the corn-bin - the prisoner said to me how long have you been up? I said I had just got up; he said it only wanted a quarter to six; the deceased made answer, "it wants half an hour to it yet, Sir:" and that was all that passed between them - Cooper stooped down to lace up his boot, and the prisoner took and fired at him immediately as he was stooping to lace up his boot - I did not see the pistol till after he had shot him - I was in the same stable as they were - Cooper had no stick when he came in; he used no stick at all at any time - he did not attempt to strike the prisoner with anything - he was in the act of stooping to lace his boot - when I heard the report I turned round immediately, and saw the prisoner running out of the stable-door with the pistol in his hand - the deceased had hold of the tails of his coat; he dragged the deceased to the stable-door - the door is about twenty yards, as near as possible, from the spot I first saw them at - when I turned round on hearing the report, the deceased had not hold of the skirts of his coat, he was going to run away, and then the deceased took hold of the tail of his coat; he dragged the deceased to the stable-door - the prisoner got away, leaving the tails of his coat in the deceased's hands - I heard the deceased say, "Oh Lord!" putting his hand to his left arm; I could not see whether he was wounded - Mr. and Mrs. Ward were the first that came over; Mr. Ward was the first - the deceased was lying outside the stable, just by the stable-door - the prisoner was brought back in about two minutes by two policemen - the deceased was immediately taken to the hospital - I went before the Coroner's Inquest and saw the body of the deceased; it was the same man as I had seen in the stable; he was wounded in his left thigh; the inquest was held at the Middlesex hospital.
Cross-examined. Q. You were in the stable when the deceased came first in the morning? A. Yes; I was cleaning a horse at the time the prisoner came in; he placed himself at the corn-bin; which is about a yard from where I was - I was engaged at the stall.
Q. Was the horse and the stall between you and the party? A. Yes; there was no conversation between the
Q. Do you recollect the deceased doing anything to the prisoner? A. No; I saw no scuffle at all - I heard the report of the pistol and came out of the stall.
Q. You cannot say whether the pistol went off by accident? A. No.
MR. CLARKSON. Q. If there had been any scuffling or any stick used, must you have observed it? A. Yes; there was no stick used, nor any scuffling.
MARY COOPER . My husband's name was Thomas, he was in the service of Mr. Davis, a carman in Silver-street, Bloomsbury. I saw him on the morning of the 2nd of May, before he went to work; he was quite in good health- I did not see him again till between four and five in the afternoon; he was then at the Middlesex hospital; he was wounded at that time - they told me he was likely to recover, and that he would do well, and would be out in a fortnight's time - I saw him for the last time on Tuesday, the 7th; I was with him there all day; he was very lightheaded and quite insensible then; he knew nobody - the last time I saw him when he was sensible, was on Sunday, the 5th; he was then much worse than on the Friday before when I was there; and he said he was sure he should not recover - he said, the prisoner had said he would do for him, and he had done for him; he said George Davis had shot him - Davis was then in custody - my husband said this after he should not recover.
JOHN CAYFORD (policeman E 97). I knew the prisoner before this - on the 2d of May, between five and six o'clock, I was in Holborn, between Lion-street and Bloomsbury-court - I was about two hundred yards from the prisoner's father's stable, and heard the report of fire-arms; it seemed to come from Silver-street, from the stables - I proceeded to the corner of Lion-street, and on turning round I saw the prisoner running from his father's stable- I did not observe anything in his hand - I ran into Holborn and saw the prisoner cross Holborn; I went right against him, and caught hold of his hand and took him into custody; I did not then know what had occurred - I brought him back to the stable, and saw the deceased lying on his right side, a little within the stable-door - when I took the prisoner, I said, George, what have you done? he said, "I have done nothing;" that was when I first came up to him; I searched him on the spot, and found a pistol under his left arm; I took him back to the stable, and then, for the first time, saw Cooper lying in the stable-door - I saw his left arm apparently black and burnt with powder - the pistol was not loaded; I looked at the pan; the flint was down, and it had been recently discharged - the pistol was under his left arm, in the inside of his coat - I did not notice the deceased's leftthigh until he was taken to the hospital - when I brought the prisoner back, I stooped down and said to the deceased, loud enough for the prisoner to hear, Thomas, what is the matter? (I did not see any blod at all) he said, "George has shot me, I give him in charge:" I afterwards took the prisoner to the station-house in George-street, Bloomsbury, and searched him further, and found two leaden bullets in his right-hand trousers pocket - I found nothing else - nobody else searched him in my presence.
COURT. Q. Have you got the tail of the coat? A. No, I have seen a powder-flask in possession of Driver, another constable.
Cross-examined. Q. I see this pistol is in very bad condition, it is impossible to keep it at the full cock? A. It is.
Q. Is it very likely to go off by accident? A. You cannot keep it back at full cock; I had known the deceased for the last eight months - when I took the prisoner he looked very wild; I have on many occasions observed something extraordinary in his manner.
Q. Had you observed circumstances so extraordinary as to induce you to give information to his father? A. Yes, I have done so, on two occasions.
Q. Have you previously seen him go about the street with a brace of pistols in his hand? A. Never with a brace - he had a pistol, but it was out of repair - there was no hammer to it - I once saw him dressed in a long cap - three or four months before this it was a cocked hat- I have not seen him about the streets with different figures on his arm.
Q. When you saw him in the cocked hat, did you consider him a person of sane mind? A. No; I consider he very often acted like a madman when he got beer - I cannot say but that when I have seen him in his sober moments he always conducted himself well.
Q. Do you know whether for some time after he has been in a state of intoxication his conduct was that of a man of sound or unsound mind? A. He always avoided me when he was sober - on this morning his manner appeared quite wild - it was about half-past five o'clock.
Q. When you were induced to make a communication to his father, was he drunk or sober? A. He neither appeared drunk nor sober, he had been drinking - his conduct was so extraordinary then as to induce me to make a communication to his father.
MR. CLARKSON. Q. He then appeared neither drunk nor sober, but as if he had been drinking? A. Yes, he was in the habit of drinking at times - sometimes to excessbut I never saw him rolling drunk - I have seen him in a kind of stupid drunken way, he could walk very well; when he had the cocked hat on he appeared to me more drunk than I had ever seen him before - on the morning in question, he did not appear to be drunk nor sober; he appeared as if he had been drinking, a sort of stale drunk.
Q. That is, as if part of the debauch had left him and he was recovering himself? A. Yes, apparently - I never saw him conduct himself different to other persons when he was sober.
Q. Then, when sober did he appear to you a man who knew right from wrong? A. He appeared so, but I never had much conversation with him when sober - all the observations I made on his conduct as extraordinary were on occasions when he was either drunk or had been drinking - this pistol will go off at half cock - (trying it); it requires the trigger to be pulled - it will not go off of itself - when I took it from him the pan was entirely down - if I let go of the cock at full cock without meddling with the trigger, it will go to half cock, but only to that
MR. LEE. Q. A pistol made property will never go off at half cock? A. No; but this can be fired at half cock.
ROBERT DRIVER. I am a policeman. I produce a powder-flask which I found in a coat pocket which I got from the deceased; it was the tail of the coat - he gave it to me about ten minutes before six, before he was taken to the Middlesex Hospital - I also produce the other part of the coat which I took off the prisoner at Hatton-garden the same day; the tails agree with the top of the coat and have formed part of it.
EDWARD MUNDAY . I am sergeant of the Police Division E 2. On the 2nd of May, in the morning, I took the deceased from the stable to the Middlesex Hospital about twenty minutes before six - I was in the station-house when the prisoner was brought in, and I went to the stable and found the deceased outside, and took him, with the assistance of others, to the Hospital; he was in very great pain, and could not support himself - and I put him in a coach; the prisoner's mother got inside with him, and the father rode outside - I could see blood on his arm and left thigh.
JOHN GILL . I am the house-surgeon of the Middlesex Hospital. On the morning of Thursday, the 2nd of May, the deceased was brought to the hospital about half-past six - I examined him a short time afterwards, and found a gun-shot wound on the left thigh, and the upper left arm slightly grazed, apparently by the same ball; it was the interior part of the upper arm, which was quite a superficial wound, not of any serious consequence - the wound in the thigh had penetrated the skin and muscles by the lower part of the upper third of the thigh - the ball had struck against the bone, and pursued its course up the thigh immediately in contact with the bone; the ball remained in the thigh - the grazing in the arm must have been from the ball first striking the arm and penetrating the thigh; if the man was lacing up his boot or shoe that might happen - I did not at first consider it a dangerous wound; it was attended with a certain degree of danger, but I thought he would ultimately recover - a gun-shot wound is very likely to bring on erysipelas; the contused wounds are peculiarly likely to be followed by erysipelas - he went on tolerably well until the Saturday, and then he had an attack of erysipelas, which I should imagine was produced by the wound he had received by the ball; he died on Wednesday morning, the 8th of May - the erysipelas was undoubtedly the cause of his death - the ball was extracted from the thigh the same morning - I discovered nothing at that time that led me to suppose he would be attacked with erysipelas except the gun-shot wound.
Cross-examined. Q. How many years have you been in the profession? A. Five; the situation of house-surgeon of the hospital is frequently held by students - I have not seen many cases of gun-shot wounds - erysipelas was certainly the approximate cause of his death - he died of erysipelas.
Q. Did you at any time discover any thing to induce you to think he was a person likely to be attacked with erysipelas? A. I did discover appearances which would be likely to produce erysipelas - I have seen a great many cases of erysipelas; it is a complaint, the external appearances of which, frequently come on suddenly, the subject being previously pre-disposed to such a complaint, and when it does appear, death has followed in as short a time as it did with the deceased when there has been no wound.
Q. I ask you whether, at the post mortem examination, from the constitutional appearances you observed, might not death have happened from erysipelas, and that erysipelas arise independent of the gun-shot wound? A. Certainly, it might; but I cannot say it did.
MR. CLARKSON. Q. In your judgment, was it in this case produced by the constitutional causes you observed, or by the gun-shot wound? A. It was produced by the gun-shot wound; but I should say the man was pre-disposed for it, from the chronic disease which I found on the post mortem examination - in the state of chronic disease I found him, he would be more likely to be attacked with erysipelas if he received a gun-shot wound than without it; erysipelas would be more likely to follow a gun-shot wound with a person so situated than one in good health - the appearances I disovered after death, warranted the conclusion that he would be a likely subject for erysipelas, and more likely to be attacked with it if wounded than another man.
MR. LEE. Q. Is there anything to show a medical man when death arises from erysipelas alone, or when it has been produced by a gun-shot wound? A. I have never been able to distinguish - I have seen but very few gun-shot wounds.
COURT. Q. What was the chronic disorder you discovered from which erysipelas might be called into action? A. He had chronic inflammation of the lining membrane of the air tubes - he had a disease of the valves of the heart on the left side, and of those immediately at the commencement of the large artery leading from the heart - one of the membranes of the brain presented also an unhealthy appearance; this last I believe is frequently caused by the agonies of death - that is all I observed.
Q.Supposing the wound had not taken place, were there any appearances from which you should have said the death would have originated? A. Not at the precise time at which it took place - not in so quick time certainly.
EDWARD PRING (policeman). I went to the spot between half-past five and twenty minutes to six, with Cayford - I saw Cayford come up to the prisoner, and take the pistol from him; I assisted in taking him to the stable- I saw the deceased.
LAWRENCE FELL . I lodged with my father and mother, at 21, Little Russell-street, Bloomsbury. On the morning of the 2nd of May I was at a public-house in Broad-street, St. Giles', at half-past five - I have known the prisoner many years - he was at the public-house that morning drinking gin; he had a half-pint measure and a glass; I had one glass with him - he showed me a powder-horn and two bullets, and told me he was going to make away with himself; I laughed at him, because he had said so once or twice before, and I took no notice of it - he was rather in liquor, but not drunk; he has not been in liquor when he made these observations before - he used to get tipsy; that was pretty well his habit - I afterwards left, and he overtook me at the corner of Museum-street; he said
Cross-examined. Q. You have heard him threaten to destroy himself when sober, as well as in liquor? A. Yes, he has said it in our shop at Mr. Blandford's.
Prisoner. I have nothing at all to say - I don't recollect anything about it.
HENRY TWINER . I am a collar-maker, and live in Bloomsbury-court, Holborn. I have known the prisoner upwards of sixteen years - I have observed a difference in his conduct within the last three months; he has passed me at times and never noticed me, though I have known him so long and we have never had any words; that was about three months ago - I have observed nothing of the sort except for the last six weeks.
Cross-examined. Q. From the conduct you have observed, have you formed an opinion of his unsoundness of mind? A. I did, and named it to his father; the last time I had occasion to communicate anything to his father was about three days before the 2nd of May - I recollect the prisoner coming into the work-shop of Mr. Paliser, a harness-maker, in Finsbury-pavement, about three weeks ago from this time; there were two men at work there - I observed his paleness and a wildness about his eye which made me mention it to the shopmen.
Q. In what way had he come into the shop? A. When he came in he said, "Halloo Harry," in a friendly way, holding out his hand - I said, "Halloo George, who should have thought of seeing you here" - he said, he had left his father - I said I was sorry to hear it; and said "Never mind, George, we will go and have a drop of beer;" we went together and had two pints of half-and-half, and he told me he was going to shoot himself.
MR. CLARKSON. Q. At this time was he working with his father, and living with him? A. He had been, but it appears he left him that morning - I don't know how soon he went back again; I have not been to the beer-shop with him lately.
Q. When you observed the paleness, and wildness in conversation, was he drunk? A. I cannot say he was drunk; I should say he was sober - I cannot say he had not been drinking.
Q.Don't you know he is a dissipated young man? A. I know he will drink - I never heard that he was a dissipated character.
Q.Constantly intoxicated? A. I don't know that he was constantly intoxicated; I believe he has been so frequently lately.
Q.Did you observe anything extraordinary or wild in his conduct or features till he began to drink? A. I don't know that I have.
MR. LEE. Q. You have observed the wild appearance and manner about him at the time he was sober? A. I think I have.
CATHERINE FORWARD . I am the wife of John Forward, who works for Mr. Fender of Holborn. I have known the prisoner seven or eight years - I have observed a difference in his conduct within the last month, and consider his conduct that of a man of unsound mind - I remember his coming to my house; I think it was three weeks or a month ago, and he seemed not to be in a sound of mind at all; he said he was going to make away with himself; he seemed to me in a very queer state of mind - he did not attempt to do anything that night, but a night or two afterward he called and appeared strange; he took up my husband's razor and said he would go and make away with himself - I and my husband took it from him by force - about a week after this he had a tidy velveteen jacket but not a new one, and he parted with it for an old tattered one and fancied himself a sailor.
MR. CLARKSON. Q. Had you frequent opportunities of seeing his conduct and behaviour? A. Yes, I lodge over the stable where the man was shot - he was not in the habit of drinking that I know of; I never saw him - I never knew him in the habit of drinking - I saw him very often when he has been at work for his father; he has left his father's employ about ten days; they were not on good terms.
Q. On your oath has not his father refused to see him in consequence of his dissipated and drunken habits, and don't you know it? I know he seemed in an insane state of mind - I never heard that he was dismissed his father's employ in consequence of dissipated and drunken habits.
Q. About three weeks ago he took up a razor and said he would kill himself, is that what induced you to think he was of unsound mind? A. Yes; he was working for his father at that time - I did not communicate this to his father at that time - I told my husband, George could not be sound in his mind - I did not communicate my opinion to his father till after the man was shot; his father let him go about the street and do his work as usual - I thought he could not be sound in mind, because he talked of destroying himself or shooting himself - I never saw him attempt to destroy himself; I only speak from what I have heard him say - I don't know whether he had quarrelled with his father at those times - I suppose they had been quarrelling, he looked in a strange state of mind.
Q. You never saw him drunk in your life? A. I did not say that.
Q. On your oath, the last time you saw him before he was taken up, was he not drunk? A. He was very strange to me; I do not know whether he was drunk or not.
Q. Could you tell whether he was drunk on any other occasion when you say he looked strange and seemed wild? A. I do not know; I have not seen his father to-day.
COURT. Q. Had you seen him employed by his father just before this happened? A. Not for ten days; till then he was working for his father and keeping the accounts.
JOHN FORWARD . I am the husband of the last witness. I have known the prisoner between seven and eight years - I have worked with him for his father - I first observed a difference in his conduct about a month or six weeks ago- I frequently saw him at my house; he always looked wild.
Q. Have you observed this wild appearance when you have known him to be sober? A. Yes, I have; I was going to shave myself in my apartment, and took the razor from him - he got it to destroy himself; I took it from him, and told him if he wanted a razor to go home to his father and get his father's - I was present when a jacket was disposed of, it was not a very good one nor very old - he parted with it for a ragged one and said he was a sailor.
CLARKSON. Q. When did you first observe this unsoundness of mind? A. In my apartment; I told him if he wanted to destroy himself, to get his father's razor and not mine - I don't know whether his father has a razor; I am neither barber nor clerk; I don't know whether the prisoner shaves himself.
Q. Of course you went to his father and told him his son was of unsound mind? A. I saw him to the door.
Q. And told him to get his father's razor if he wanted to cut his throat? A. Of course - I did not tell his father he was unsound in mind, and unfit to keep his accounts - I told him nothing of this till after the prisoner was charged with this offence; his father lives at No. 40, Museum-street; I lodge over the stable - I saw his father sometimes twenty or thirty times a day - I have not worked for him for the last four years - I have had frequent opportunities of seeing the prisoner's conduct during the last three weeks or a month; I saw him at the stable every day - I have seen him driving a cart, and about his usual occupation, but still he looked wild - I have drank with him; the last time was four or five days before he was taken up.
Q. On your oath, was he not in the constant habit of getting drunk? A. I cannot say that.
Q. Have not you seen him drunk often? A. I cannot say anything about it; I never saw a drunken man unless he could neither stand nor walk.
GUILTY - DEATH. Aged 19.
The Judgment has since been respited during His Majesty's pleasure .
First Middlesex Jury, before Mr. Justice Littledale.
893. GEORGE RUSSELL was indicted for that he on the night of the 21st of April , at St. George's, Hanover-square, feloniously and burglariously did break and enter the dwelling-house of James Grady , with intent the goods and chattels in the same dwelling-house feloniously and burglariously to steal, take, and carry away .
JAMES GRADY. I am a licensed victualler , and live in the parish of St. George's Hanover-square . I am the housekeeper; on the night of the 21st of April I retired to bed about eleven o'clock, after seeing my house secure, and about one o'clock in the morning I was awoke by the police, who told me some persons were in the house - I got up, and after a good deal of search, we found the prisoner concealed in the coal-hole; there was two policemen with me - the coal-hole is in the house; he was taken by the policeman and searched - he was brought out of the coalhole - I looked at the coal-hole where he had been concealed, and found a dark lantern, an ash-stick with a piece of lead at the end of it, a case-knife, and various other things - there was a phosphorus-box, a screw-driver, and chisel - I neither threatened nor made him any promise - I have known him for some time; and I asked him the reason why he broke into my house - he told me he was in want of victuals, that he was in a state of starvation, and victuals he must have, and if he was not satisfied down stairs, he should have made his way up, and ransacked the house, or words to that effect; he said he knew every room in my house as well as I did myself - I afterwards examined to see where he could have got in, and found the flap of the cellar forced open by means of a small crow-bar - the cellar broken into joins the house I now reside in; it is part of my house, but being large, I had made it into two houses by a party wall - they are both occupied by myself at present, and the cellar part has never been divided - the cellar is under the house - there are two cellars; one I occupy as a beer and wine-cellar, and the other for coals and lumber - but the cellar has never been divided; it is a vault - there is a communication from my house to the cellar by a staircase.
Q. Does one cellar open into the other? A. I keep my spirit-cellar locked - there is a door to the spiritcellar - the flap of the cellar that was broken was nailed down, because I had no use for it - I found it broken open by a crow-bar; the person could then get to my house by means of the staircase - the flap was fast and secure at eleven o'clock at night, I saw it then fast for I stood on it- the prisoner was in my house that evening till about eleven o'clock, or it might be a few minutes later, but it was after I had seen the flap fastened; he wished my wife and niece good night, and left the house - he only lives ten doors from me - I did not myself see him go out of the house.
Prisoner. Q. You know there is no fastening to the flap, it is only laid down as a loose board; where you go in and take up coals, there is neither lock, chain, nor bolt? A. It had been nailed down, and had been so for two or three months, till he broke it open, and it is nailed down now - I used to have occasion to go to it for a quantity of coals once, but I always fastened it down again; I used to take out sufficient coals for a week, and then nailed it down again - I have sometimes taken sufficient for a month, and on this night, at eleven o'clock, it was nailed down and fastened as usual - I told the prisoner he was the last man I should have thought would have done this.
Prisoner. I said I wanted something to eat being out of work four months, and something to satisfy hunger was what I wanted.
Witness. I told him I had always been exceeding kind to him, and if he had asked for any thing he should have had it; he said if he was not satisfied down stairs he would have gone up.
JURY. Q. Does the flap fall downwards, or do you lift it up? A. I lift it up; it is flat with the pavement - I did not pull it to see if it was fastened, but I was standing on it, and found it as usual - it rests on a groove - I must lift it up to enter from the street; I don't recollect how many nails I put into it - I think there was two on each side; they were large nails, about two inches long.
COURT. Q. When did you see any nail in it, you had not fastened it that night? A. No; nor perhaps for a week, or a month; the nails might have been drawn out before for what I know; if it was frequently open it would injure it certainly - I had not wanted to go to it for two months; but previous to that I went to it once a month, or perhaps oftener - it was dark at the time the prisoner was found, it was one o'clock in the morning, and it was quite dark at eleven - the flap is made of two-inch stuff-there is no ring to lift it with.
JURY. Q. How could you get your hands in to raise it? A. I just put my finger's ends - I could just touch it with the end of my nails; it was even with the curb, and was closely fitted - I could not get more than my finger nail in; I went to the house again about one o'clock - I then perceived it to be about an inch above the level of the surface; I lifted it up and went down and found there was a communication from the cellar into the prosecutor's house - Anthony Murphy was with me; I went up to the house as far as the bar - I called Mr. Grady, and as soon as he came down, he went into the cellar, and then desired the other constable to remain outside while he and I searched the house, and in the coal-cellar on a level with the bar, we found the prisoner behind the door; I took him from there and dragged him into the passage - and behind the door close where he was standing, I found a dark lanthorn, a phosphorus-box, a screw-driver, a carpenter's chisel, and a stone-chisel, a case-knife; and afterwards Mr. Grady found a bludgeon - we neither threatened nor made him any promise - I asked him what brought him there - he said nothing; I then asked him what he intended to do - he said he was just in the act of going to break a cupboard open when he heard me on the stairs - we asked him what was in the cupboard, he said, it was the provision cupboard; and he said after he had done that his intention was to have got into the bar, and to have taken whatever he could have laid his hands on - as I was taking the things out of the cellar, I saw the case-knife, and said Mr. Grady, is this knife yours? - he said, no - the prisoner directly said "That is mine; I brought it out of my own table-drawer" - I asked him who the screw-driver belonged to? - he said to his wife's father.
Prisoner. Q. Did I say I intended to break open the bar? A. Yes, you did, I am positive.
Q. You said one of you was out of doors while the other came in - were not both of you in the house at one time? A. Yes, at one time.
ANTHONY MURPHY . I was on duty with Davies, on the 21st of April - I went to Grady's house, at one o'clock in the morning - I had observed the cellar-flap at twelve o'clock; it was fastened down then - I did not try it, but Davies did, he carried a lantorn and he tried it; we always try all the fastenings when we come on duty - he and I went together again at one o'clock, and perceived the flap of the cellar had been moved - we opened it and went in; we went up on the ground floor of the house and called Mr. Grady - he came down stairs, and we went down into the cellar with him, he was not satisfied that all was right, and I was placed outside on the flap, while they searched inside, and when they had taken the prisoner, I was called in at the front door - I said it would be better for him to confess - I put the question to him myself; I asked what he meant to do?
Q. Did you tell him, or hear any body tell him it would be better for him to confess what he had done? A. I did not hear them, but after Grady and Davis went up stairs, I had him in custody, and said to him, "What do you mean to do, what brought you here?" he said, "I am in distress," and I said he had better confess; nobody was present then, it was after Grady and Davis had spoken to him; they had given him into my custody while they went up to search the house.
Prisoner. Q. You say you stood outside while Davies came in doors? A. Yes, we both went in together; and I went out again afterwards.
JAMES GRADY. I said nothing of the kind to him, nor did I hear Murphy say so; the conversation we had with him was while Murphy was outside; it was before Murphy came in.
Prisoner's Defence. All I have to say is I was out of employ, I had no money, all I wanted was something to eat; but as to the flap being fastened down there was no fastening, and if I recollect Grady said, it had not been opened for a month; but I am sure I have fetched coals out of it, for he retails coals, and on the Sunday before I had a quarter of a cwt. myself from his own bar.
JOHN MILLER . I have nailed the flap of this cellar down for Mr. Grady since this happened, I cannot say that I saw whether any nails had been in it before, I did not see any fastening, but as to nails, I cannot say whether there had been any or not, I did not see either lock, chain, or fastening.
COURT. Q. When you nailed it down, you saw no nails? A. I did not, I have been brought up a carpenter; I got the nails myself to nail it down, between six and seven in the evening of the day this happened - I used 20d. nails; I did not lift the flap up to see if it had been nailed before or not, I fastened it to the wooden curb.
JURY. Q. If it had been nailed before you would have seen the nail holes? A. I did not perceive any; the neighbours have been served with coals from the cellar, I know, at one time, but whether that was done up to that time, I cannot say - I live within a few doors of Grady.
Q. How often in the course of a week do you suppose the flap has been opened to sell coals from? A. It has been opened in the course of a week, but I don't know how many times - it was opened daily; I think it has been opened six times in a week; I did not see any mark on the flap as if it had been opened by an instrument.
COURT. Q. Was it used at this time to supply the neighbourhood with coals? A. Not at that time, I dont think it was; it might have been three weeks before.
JURY to JAMES GRADY. Q. Had the prisoner been drinking in your house the night you found him in the cellar? A. He had; I cannot say he could be very sober when he left, but he did not appear intoxicated when he was taken, but from the quantity he had taken I should not have expected that he would have been sober - I keep no lodgers; I did not see him go away, and cannot say whether he was tipsy - I never gave him permission to sleep in my house; he was never in my employ; I have known him four or five years, and never knew any harm of him; I would have trusted him any where in my house; he said he knew every part of my house as well as me;
WILLIAM DAVIES re-examined. I observed a mark on the cellar flap, that night - we both went into the house together at first, and as soon as Grady came down, my brother officer was sent out - I examined the flap afterwards, but did not find any nails in it; part of the curb was broken; I saw no nails there; it appeared to have been broken from raising the flap up - I do not know how it is usually raised, unless it is done from the inside, but on this occasion it appeared to have been raised from the outside, as part was broken, and the wood looked fresh where it appeared to have been broken, the splinters were fresh.
JAMES GRADY re-examined. I blamed the policemen for coming into my house together, because I have reason to believe that two persons escaped while the policemen were in the house.
JURY. Q. Do you usually raise the flap from the inside or outside? A.Sometimes one way and sometimes the other - if I cannot open it inside I do it outside, there is no bolt or fastening except the nails.
GUILTY of entering at the trap-door by lifting it up, but not of breaking the nails.
This case is reserved for the consideration of the fifteen Judges .
OLD COURT. Thursday, May 18th.
London Case, before Mr. Justice Littledale.
894. JAMES BLACKBURN was indicted for feloniously offering, uttering, disposing of, and putting off on the 20th of December , at St. Mary-le-bone, a certain forged order for payment of money which is as follows:-
No. 3957 - London, the 18th February, 1833.
3RD COUNT for feloniously offering, uttering, disposing of, and putting off a forged order for payment of money, purporting to be an order for the payment of £600, to Mr. Frederick Simpson or bearer, on account of Samuel Mills , Esq. and others, numbered 3957 No. dated London, the 18th February, 1833, and signed Samuel Mills , Francis Wigg , and R. Carpenter, with intent to defraud the Governor and Company of the Bank of England, well knowing, it to be forged:- to which he pleaded
GUILTY . Aged 29. - Transported for Life .
Augustus Warren, of Great Russell-street, attorney; George Tyndale , of Lloyd-square, Pentonville; Edward England, of Lloyd-square; Phillip William Perkins , Brunswick-terrace, Islington, builder; Samuel Mills, Esq.; Francis Wigg, Esq.; and R. Carpenter, Esq. Commissioners of Sewers; John Booth, architect, Red-lion-square; Samuel Cooke , upholsterer, Carter-lane; James William Lush and David Henry Stable , joint clerks to the Commissioners of Sewers, deposed to the prisoner's previous good character.
First London Jury, before Mr. Recorder.
895. JOHN FITCH was indicted for stealing on the 13th April , two pounds weight of soap, value 2s. and one pound and a half pound weight of candles, value 1s. the goods of Lewis Groves , his master, to which he pleaded
GUILTY . - Confined One Month .
The prosecutor gave the prisoner a good character. Judgment respited .
HENRY POINTER JONES. I am a wine-merchant , and live at Charing-cross. On the 8th of May, about one o'clock in the day, I was in Thames-street , and had my handkerchief in my possession - I did not see the prisoner near me, nor feel the handkerchief taken - a gentleman gave me information; he is not here; I applied to my pocket and it was gone - I turned round and several persons were near me, waiting to cross the road; after the gentleman gave me information I saw the prisoner with my handkerchief in his hands; I laid hold of him, and he directly threw it down at my feet; it was delivered to Wiltshire - he said another boy gave it to him; the gentleman said he would not come here.
JURY. Q. Did he say he saw him take it? A. Yes.
WILLIAM WILTSHIRE. I am a City policeman; the prisoner was brought to me charged with this offence; the handkerchief was given to me also.(Property produced and sworn to.)
Prisoner's Defence. Some boy chucked it on me, and it fell down into the street; I don't know who it was.
MR. JONES. No other boy was near him.
GUILTY . Aged 11. - Transported for Seven Years .
JOHN PRESTON. I am an attorney , and live at No. 12, Token-house-yard - on the 19th of April, between ten and eleven o'clock at night, I was going from my office to my house in Hunter-street, Brunswick-square; I met a friend in Cheapside, and was going down the Old Jewry - I know my handkerchief was in my outside coat pocket when I left the office; I did not feel it taken, I was standing with my friend at the bottom of the Old Jewry , and a young man ran up and asked me if I had lost a handkerchief; I felt and it was gone - I went with Price down Coleman-street, and there found the prisoner in the custody of a gentleman who produced my handkerchief; I am certain it was mine, I have had it some time; I have not the slightest difficulty in swearing to it.
CHARLES PRICE . I am a plumber; I was going through Cheapside, and saw the prosecutor in company with a gentleman in the Old Jewry; they turned down the Old Jewry, I saw the prisoner following them, and half way down Old Jewry I saw the prisoner lift up the prosecutor's pocket, take the handkerchief out and put it in his trousers pocket and run away - I ran after him, and overtook him in Coleman-street, I gave him in charge of the
Prisoner. Q.You say you saw me take it out of the gentleman's pocket, did you not ask him if he had lost a handkerchief? A. Yes, I ran after you, and took you before I spoke to the gentleman, I said "You have lost a handkerchief, sir."
WILLIAM EDWARDS . This is the handkerchief Rawlins delivered to me; I asked the prisoner if he had any more handkerchiefs about him, he said "no," I found two more next to his skin; he claimed one of them as his own.(Property produced and sworn to.)
GUILTY . Aged 20. - Transported for Life .
ALFRED COPELAND. I live at the King's-head, Fenchurch-street. This happened on the 16th of April, about half-past twelve o'clock at night - I was rather tipsy - I recollect having my watch safe in Leadenhall-street going home - I was in company with two women at a public-house in Leadenhall-street, but I cannot swear to them; they walked with me from by Whitechapel-church, and from there to a public-house in Leadenhall-street, but I cannot say that I can swear to them - I never have sworn to them.
Q.(Handing him his deposition). Is this your handwriting? A. I signed a paper at the Mansion-house - I think it was read over to me.
Q. Were you not asked if the contents of the paper were true? A. I might have dropped the watch myself.
Q. Don't be guilty of prevarication, or if you do the Court have a way of dealing with such persons - were you not asked if the contents of your deposition were true? A. There was so much noise at the time I could hardly hear what was read over - I was sworn to speak the truth; I don't know what the deposition contains, and cannot say I ever did; it was read over in a hurried way, but I cannot say I knew what was in it - my watch was produced at the Mansion-house the morning after I missed it - it was my watch I am sure, I picked it up and looked at it.
Q. Then how you lost it you cannot tell? A. No, I cannot.
WILLIAM SMITH. I am watchman of Aldgate-ward. I was on my beat in Fenchurch-street on the night in question, and saw the prosecutor pass in Fenchurch-buildings, which is opposite Church-row, and saw the two prisoners - I followed them, and heard a bit of a scuffle - I heard the prosecutor say to the two prisoners, "Give me my watch" - I cannot say what they said further than that they had not got it - I saw the elder prisoner pass her hand behind her, and as it appeared to me give the youngest something, but what I could not tell; I instantly saw the youngest stoop, as if in the act of dropping something; one of my mates came up, and took hold of one of them - I stooped and picked up a paper, and in it was this watch; it was within a yard of each of the prisoners - I am sure the prosecutor addressed the two women and said, "Give me my watch" - I had not seen him come out of the public-house with them - they were taken immediately - the prosecutor appeared before the Lord Mayor the next day and the day after - I was present when he gave his evidence; I believe what he said was taken down and read over to him, but I should not like to take my oath of it - he did not express any doubt about their being the persons he had been with, and who had taken his watch.
WILLIAM PLAISTOWE, JUN. I produce the watch, I found it in the watch-house when I came from the Compter - Smith delivered it to me at the watch-house - I attended at the Mansion-house, and saw the prosecutor there, and heard his evidence; it was taken down, and read over to him, and he swore to it; he claimed the watch - he said at the watch-house that he had been in company with the women, but he did not wish it to go any further.
Q. Did he at the watch-house impute to them the stealing his watch? A. Yes.
NOT GUILTY .
The Prosecutor was committed for wilful and corrupt perjury.
900. ISRAEL BENJAMIN was indicted for stealing, on the 6th of May , 1 watch, value 6l.; 1 watch-chain, value 2l.; 2 seals, value 2l.; and 1 watch-key, value 5s., the goods of Samuel Rackwitz , from his person .
SAMUEL RACKWITZ . I live at No. 27, White Lion-street, Pentonville. On the 6th of May, I lost a gold watch and chain and two seals, worth ten guineas altogether - at half-past eight o'clock in the evening, I was at the corner of Bartholemew-lane - the watch was in my fob; I was coming from Threadneedle-street, quite sober - on turning round the corner into Bartholemew-lane the prisoner came against me (not with violence), he dodged me and stopped me; he put his right hand to my watch-chain, and kept his left hand down at the pocket; I felt him pull out my watch, there was nobody near enough to do it but him, he immediately ran away, and I after him, calling "Stop thief" - several others ran after him; he was stopped by the watchman in Finch-lane - I did not lose sight of him - I have not found my watch - I kept him in view till he was stopped, but several were running with him, and I could not see what he did with the watch - none of those persons came back after he was stopped - I laid hold of him at the time, but could not hold him.
Cross-examined by MR. CLARKSON. Q. I think I understand you, that at the time you lost your watch, the prisoner was the only person by you? A. Yes; the persons who ran on my giving the alarm ran about him or after him - I did not observe that he had any companion - while I was calling "stop thief" several persons ran calling"stop thief" also - it did not take him a moment to get my watch - he was taken in two or three minutes at the corner of Finch-lane - I did not lose sight of him - I cannot say what he might have done with the watch while he was running - I had never seen the prisoner before.
ROBERT GADBURY . I am a patrol - I heard the cry of"stop thief" in Finch-lane, and met the prisoner running, and several more within three or four yards of him - I laid hold of him; the prosecutor immediately said that was the man who had robbed him of his watch - I took him to the watch-house; he denied the charge, and said something in the watch-house about his having come in a Paddington omnibus about seven o'clock that evening - the prosecutor was within sight of him when I heard the alarm.
Cross-examined. Q.What did he say about the omnibus? A. He did not say it to me, but to the inspector; he said he had only just got out of the omnibus, and that he left Paddington at quarter-after seven, that he got into the omnibus at a quarter-past seven to come to London- he went quietly with me.
Prisoner's Defence. Last Monday week my brother, who lives at Paddington, asked me to come to his house, which I did; I left home about six to be there by seven, and got there about seven; I stopped there a little while, and about half-past seven took the omnibus - I told the man who rides behind, to drive quick; there was a stoppage in Newgate-street, and when I came to where the omnibus stops, I got out and ran; hearing a cry of stop thief, and seeing a mob running, I would not run that way, but ran the other way; the watchman caught hold of me and took me to the watch-house - the gentleman said I took his watch; I can prove I never did such a thing in my life.
MARK BENJAMIN . I live at No. 31, Paddington-street. On Monday evening, the 6th of May, the prisoner (who is my brother) came to my house between four and five o'clock, he stopped from half-past six to seven, or it might be a quarter-past seven; he left me intending to take an omnibus; it would take him ten minutes or a quarter of an hour to go from my house to where the omnibuses start from.
WILLIAM MANN . I am conductor of Mr. Bird's omnibus; I ride behind. On Monday evening, the 6th of May, I took the prisoner up between Marylebone-lane and Bond-street, a little before eight, and took him to the corner of Threadneedle-street, opposite Princes-street - we are generally there about the half-hour, or a little before, as our regular time to start is three minutes after the half-hour - when I took him up he said he was rather late, and ought to be home before that time; and when I sat him down, he paid me, he said he was behind time, and ran off from the omnibus up towards Threadneedle-street; he went into Threadneedle-street - I can't say whether I saw him pass Bartholemew-lane, but I saw him to the lane - he has rode with me several times before.
JURY. Q. Did he say anything to you about driving fast? A. He said, when he got out, that he was behind time; he sat off running the moment he left the omnibus, straight up Threadneedle-street; he ran along Threadneedle-street as if to go to Bishopsgate-street - I heard no cry of stop thief.
Q.It is ten days ago, are you sure you remember the prisoner from the circumstances? A. Yes; I don't know where he lived.
COURT. Q.Do you know any of the other passengers? A. Yes; the regular gentlemen who I carry every evening - I believe the prisoner lives somewhere Whitechapel way, but I don't exactly know - I put him down in Threadneedle-street, beyond the Bank, just on this side Bartholemew-lane.
DANIEL JONES . I am a constable of the ward. The prisoner was brought to the watch-house, a few minutes before I came in; he said he had just come from his brothers by the omnibus, and was going home - he behaved very well.
JURY to MR. RACKWITZ. Q. Was it dark? A. It was not day-light; there was a lamp just opposite - I am positive of the man; I cannot be deceived; I was very collected; I felt the watch go out of my pocket; he held my pocket down with one hand and took it with the other - I caught hold of his hand, but could not keep hold of him - I saw his face while I held him; there was no obstruction in the lane - after I cried stop thief several persons followed him, but I am positive I never lost sight of him - I did not turn up Finch-lane; he was stopped at the corner; I was close upon him, and did not lose sight of him when he turned into the lane - I did not observe any communication between him and the persons who followed - I was robbed by the shoemaker's-shop at the corner of Bartholemew-lane - he met me; he came running against me and dodged me - I tried to get out of his way, but he would not let me- I must have lost sight of him when he turned the corner.
WILLIAM MANN re-examined. When the prisoner got out of the omnibus, he did not appear to have anybody with him; he was the last but one that got out - I put him down opposite Princes-street, and he sat off running - I heard no alarm of stop thief; the conductors of the omnibuses are always calling out "Paddington," and I could not hear.
JURY. Q. How many persons were in your omnibus? A. I had about seven when at the Bank; he was at the furthest end, being the second passenger I took up.
JAMES ALLEN , Goulstone-street, Whitechapel; THOMAS RAY , Nelson's-place, Marylebone; SAMUEL SELL, Webber-street, Coburg-road; JOSEPH COX, Hogg's-yard, Spitalfields; MICHAEL LION , James'-place, Aldgate; WOLF HARRIS , Rosemary-lane; HENRY HARRIS, Whitechapel; ISAAC SIMMONS, High-street, Bloomsbury; SIMON SIMMONS, Homer-street, Marylebone; and- PUMMEL, Petticoat-lane; gave the prisoner a good character.
The Jury retired at half-past eight o'clock in the evening, and not having agreed in their verdict at ten o'clock, the Court adjourned till nine the next morning, at which hour they stated they were not agreed, nor likely to be so. At half-past ten o'clock refreshment was allowed them; and at twenty minutes after four o'clock that afternoon, they came into Court and stated that eleven of their number had determined upon a verdict of acquittal, but the other Juror would not agree to that verdict; nor was it likely that they should come to an unanimous decison; and that one of their number was extremely ill. A medical gentleman who had attended the Juror, deposed that he conceived that it would be attended with danger to his health if he was longer confined. The Jury were accordingly discharged. Another Jury was subsequently impannelled, and the prisoner given
NEW COURT. Thursday, May 16th.
First Middlesex Jury, before Mr. Common Sergeant.
GUILTY . Aged 35.
Recommended to Mercy. - Confined Three Months .
902. WILLIAM DONOUGHMORE was indicted for stealing, on the 19th of April , 1 coat, value 15s.; 1 petticoat, value 2s.; 1 sheet, value 2s.; 2 yards of flannel, value 1s.; and 1 chimney ornament, value 2d. , the goods of Richard Seaward , to which he pleaded
GUILTY . Aged 67. - Confined Six Months .
JOHN JAMES HELSDON . I am in the service of my father, James Helsdon , he is a furniture-broker , and lives in York-street, Covent-garden - about half-past five in the evening of the 26th April I was in the parlour at the back of the shop - I saw the prisoner come and take the chair from the door-way of our shop - I followed him four or five houses and took him with it - I took him to the station house.
Prisoner. I was in distress.
GUILTY .* Aged 17. - Transported for Seven Years .
904. RICHARD APPS was indicted for stealing, on the 13th of April , 67 watch-case buttons, value 2s. 6d.; 2 oz. 12 dwts. of gold and silver filings, value 15s.; 18 dwts. of silver, value 4s.; 1 gross of rivets, value 1s.; 26 watch-case springs, value 1s.; 1 oz. 9 dwts. of polishing, value 3s.; and 1 dwt. of gold, value 2s. , the goods of James Dunkley , his master.
JAMES DUNKLEY . I live in Aylesbury-street, Clerkenwell , and am a watch-case springer and liner - the prisoner had been my apprentice for five years and six months - I searched his box about ten o'clock at night, on the 13th of April; I found in it a small chip box, and under that I found 26 watch-case springs; I then opened the chip box and found in it this polishing - I went the same night to his mother in Compton-street, she gave me another box which contained some flatted silver, some gold and silver filings, and some other things.
MR. DUNKLEY. This is my property; the value of the whole is about 1l. 9s.
Cross-examined by MR. PHILLIPS. Q. How is it possible for any human being to swear to these filings? A. I can swear to them - I don't know how much there may be in London; I have no private mark on any thing - I did not know that the prisoner worked for any other person - I sometimes have watch cases to clean - I scrape them when I am compelled; we do not return the filings to the owner of the watch, we use them in our work.
COURT. Q. How do you know the watch-springs? A. No further than their being the prisoner's work; he did not make any for himself but at over-hours - I did not miss any of the property - the prisoner's box was open.
Cross-examined. Q. He did not order you to conceal it? A. No - the prosecutor said he would make the case as light as he could for my son.
Witness for the Defence.
MR. DUNKLEY. I did not include the pendant in the indictment; I saw it, but I did not swear to it.
NOT GUILTY .
JAMES BURGESS . I am a green-grocer , and live at Hackney . On the 19th of April I lost this money - I had taken the money out of my till all but two sixpences - I and my wife went to dinner, and the prisoner came into the shop; my wife went and served him with a halfpenny-worth of apples - I heard her ask him why he came into the shop without rapping, this induced me to go into the shop; I looked into the till and missed the two sixpences - no other person had been in the shop - I followed the prisoner, who had got about a hundred yards - I took him and brought him back, and accused him of taking the two sixpences - he denied having anything but a shilling, which he had been in my shop before to get changed - I saw a policeman going by - I called him in, and the two sixpences fell from the bottom of the prisoner's trousers.
HENRY BERESFORD (police-sergeant, G. 8). I have a certificate here (which I got from Mr. Clark's office) of the conviction of the prisoner in May last year - I was here and know the prisoner is the person.
GUILTY . Aged 14. - Transported for Fourteen Years .
WILLIAM DARLING . I am a shoemaker , and live in King-street, Seven-dials . On the 21st of April I went out and left my shop secure, about half-past twelve o'clock - I had fastened my shop-door and the street-door likewise - I left no one at home but my children who were up stairs - I returned about a quarter to two the next morning; I found my doors ajar, and on going in I saw by the reflection of the gas-light the prisoner in the shop; I distinctly heard something fall from him - he attempted to get out but I stepped out and shut the street-door, shutting him in the passage - I called the police, and then went into the passage again, as I thought the prisoner might get out at the back
Prisoner. I was on the floor in the passage. Witness. He was in the shop when I first went in, and when I went into the passage again, I was struggling with the prisoner till the officer came.
GUILTY . Aged 23. - Transported for Seven Years .
JULIA LEWIN . I am an unfortunate girl. On the 24th of April I was in Albany-street, Regent's-park, between one and two in the morning, with a companion - the prisoner spoke to my companion in Portland-place, and he walked from there up to the New-road with us both, but he did not say anything to me till he got to Albany-street; he then spoke to me, and my companion went home - he engaged to go home with me, and we walked together towards my house in Clarence-gardens - when we got to Frederick-street I had my purse in my right hand, with which I had hold of his arm - he asked me what I had in my hand; I said it was my purse; he took hold of my hand, and immediately took hold of the clasp of my purse and drew it from me - I tried to hold it but he drew it so hard that I could not keep it - we then walked on for two or three yards, during which time I asked him to return the purse back to me - I asked him once or twice, and he made me no answer - I asked him for it again, he said did I think he was going to run away with my purse; he scarcely gave me time to answer, but left my arm and ran as fast as he could towards William-street; he turned down there and I ran after him - it was no great distance - I can't tell how far - I saw a policeman in William-street, and he went down the street and took him; I saw him taken, and I afterwards saw my purse picked up within three or four paces of where he was taken - I swear positively that the prisoner is the man who took it.
Cross-examined by MR. PHILLIPS. Q. What kind of a night was it? A. It was a fair morning - I am quite positive the prisoner is the man; he was talking to my companion first; but she is not here - she was not at the police-office - she had as good an opportunity of seeing him as I had - I saw her last night; she lives in the house I do - she did not know that she was required to come here - the prisoner was searched in my presence, and two sovereigns, one half crown, and one sixpence were found on him - I had never seen him before; he denied having seen my purse - I have not seen his wife, nor sent any message to her - I did not say before the magistrate that I gave the prisoner my purse.
THOMAS KENDALL (police-constable, S. 69). I was on duty in William-street; I was called to take the prisoner for robbing her of her purse and 4 shillings; he was running - when I first saw him he ran by me, but he afterwards walked and stopped when I called to him - I found on him two sovereigns, one half-crown, one sixpence, fourpence in copper, seven new silk handkerchiefs, and two phials of spirits.
Cross-examined. Q. How far from where you saw a person running, did you take the prisoner walking? A. I suppose about forty yards - I had my police dress on; the prisoner could see it no doubt; he must have known that the prosecutrix was running after him - I did not hear any alarm - the prisoner gave his right address; I went there by his direction - I saw his wife, but she would not have the medicine.
JURY. Q. How far did he run after you called to him to stop? A. I called to him to stop, and then he walked five or six yards.
JOHN STEPPER (police-sergeant, S. 12). When the prosecutrix left the watch-house, I went with her to the spot where the prisoner had been stopped, and I found this purse about ten yards from the place, there are 4 shillings in it.(Property produced and sworn to.)
Prisoner's Defence. I had been down to the Borough, and then went to spend the evening with a friend named Adams - I was then going home, and met a tradesman who promised me a ticket to see the Zoological-gardens; I walked a few paces with him - I was then stepping down William-street, and met the policeman who took me - the prosecutrix charged me with robbing her; I said "It is no such thing; I have not seen you" - I stated at the police-office where I lived, and they went and frightened my wife, and asked her to describe my dress which she could not do - and the officer came back and said I had given a wrong address; but he went at eight o'clock, and found it was right - I bought these handkerchiefs at Morrison's, and my mistress went there and found my name entered in their book, but they could not tell who served me.
NOT GUILTY .
CHARLES COSSINS . I am a waiter , and live at the Portugal-hotel, No. 154, Fleet-street. On the 5th of April, at two o'clock in the morning, I was out and fell in with the prisoner in Fleet-street - I had been waiting the day before, and had gone in the evening to see a friend - I had had two glasses of brandy and water, and one glass of gin and water - I was a little the worse for liquor, but knew what I was about - I was on my way home when I fell in with the prisoner; I am not certain whether I spoke to her first or she to me, but we got into conversation and I agreed to go home and sleep with her - we went to a house in Star-court and I think up two pair of stairs - I fastened the room-door with an old lock; I turned the key, and left it in the lock - I pulled off my clothes, put them on the table, and went to bed - I had seven sovereigns and some silver in my trousers pocket; I am sure I had it safe when I went up stairs - I awoke about eight o'clock in the morning the prisoner was then gone - I am sure she is the person I went to bed with - I looked at my trousers and missed seven sovereigns, but the silver was left - I had seen the prisoner before, but I never went with her before - I named the circumstances to the street-keeper the same day, and the prisoner was taken in a
Cross-examined by Mr. PHILLIPS. Q.Were you not rather tipsy? A. I might be; if I had been sober, I dare say I should not have gone with her - I am married; I went into one public-house with the prisoner, and had a glass of half-and-half - I had forgotten that before - I had forgotten to put the money out of my pocket.
ROBERT TAYLOR (police-sergeant F 4.). The prisoner was taken by another officer, and brought to the station-house - she was put into the cell with another woman - I knew the prisoner, and knew her voice perfectly well; I heard her say to the other woman that she supposed she should be transported this time - and the other asked her what she was there for - she said for robbing a man of some money, that it had done her no good as she had been drinking about ever since, and all she got out of it was a bonnet.
Prisoner. It is false - I said I was there for robbing a man of seven sovereigns, and I had not had it; for if I had I had no occasion to have pawned an article that week to have got my bonnet from the cleaners - he came in while I was speaking to that woman, and she asked him if she could have a pint of beer, and I said if she had not got the money to pay for it, I would give it her - and she said to me that if I was to be transported, it was what she had been and had returned - I have the duplicate of what I had pawned that week.
Witness. I am quite certain of what I heard her say through the door.
Cross-examined. Q.How many persons were in that cell? A. Only that one female and the prisoner; the door was shut - I knew the prisoner's voice well - I cannot say what has become of the other woman - I knew her by sight - I did not hear the prisoner say that she need not have pawned her articles if she had had this money - there is a trap in the door - I did not stand to listen; I was in the yard - I don't think the prisoner could see me - I was rather above the door; the flap is about six inches square - I was about half a yard from it - there were some men in some other cells; the other woman was there for drinking - the prisoner was sober - I cannot tell the name or number of the officer who took the prisoner - he was before Sir Frederick Roe , but I believe he was not examined.
MARY ANN JOHNSON . I am a dress-maker, and have a little annuity; the prisoner is my sister - I met her the day before she was taken at a relation of ours at Fulham, and she had but three half-pence in the world - I paid for the omnibus to Fleet-street for her - she told me she had been obliged to pawn her gown to get her bonnet from the cleaners, to go to where I met her.
GUILTY of stealing only . Aged 27.
Recommended to Mercy. - Transported for Seven Years .
CHRISTOPHER RAWLINSON, ESQ. I am a barrister , and live in the Middle-temple . On the 15th of April, I was sitting in my room about a quarter after twelve o'clock, I had previously withdrawn the bolt of my chamber, my clerk being out; I heard the door go and some person go into my bed-room - I thought it was my clerk, but in a minute or a minute and a half I heard the door go again, I went to the door, and saw the prisoner with some musical-sticks in his hand; I said, "You have been in my bed-room" - he said he came to sell the sticks - I said stand still; I opened my bed-room door, and found the boot-rack was stripped - I secured the prisoner and in his bag I found these boots which had been safe an hour and a half before.
Cross-examined by MR. PHILLIPS. Q. Did he say he had bought the boots? A. Yes, of a tall man in my chambers - he did not say it was me - he said it when the porter came and took him - I had not seen the prisoner before.
Prisoner's Defence. I go through the temple every day - a gentleman called me and took me to these chambers; he offered me these boots for sale, and asked 30s. for them - I gave him a sovereign, and this gentleman took me while I was putting them into my bag.
Charles Barnett, Hackney-road, and W. Bignall, Pearson-street, gave the prisoner a good character.
GUILTY . Aged 16. - Transported for Seven Years .
JAMES MACKEY . I am a saddle and harness-maker , and live in Devonshire-street, Lisson-grove. I have known the prisoner twelve months; he was in the habit of working in a stable-yard where I do business - on the 6th of April, he met me in the street, and asked me if I had a good postillion saddle - I said I had not, but I could get him one if the money was forthcoming; he said it was, and it was for a friend of his - I said I had better see your friend, and he took me to Cavendish-mews, he left me there, while he went, as he said, to speak to his brother-in-law - he came out, and said his brother-in-law would go as far as 35s.; I went to several shops, and in three or four hours I went to Mr. Cripps, who let me have a saddle, and sent his apprentice with it to have the money or the saddle - the prisoner had agreed that it should be paid for; I went with the saddle to Langham Church, where I met the prisoner - he went on to the White Swan - he said his friend was there, and he would take it in to him; he took the saddle off the lad's head, and went into the house with it; he went out at the back door, and I never saw him again till the last day of April, when I met him just under a gas-lamp; he turned to cross over, but I went and took hold of him - I said, "My old friend is that you?" - he said, "Mr. Mackey I want to speak to you" - I took him to the corner, where he threw my arm off and ran, but I pursued, and took him.
Prisoner's Defence. He gave me the saddle to sell - I took it into the house, and showed it to a man in the taproom, who took it out at the back door, and told me to wait for him.
GUILTY . Aged 24. - Transported for Seven Years .
911. MATTHEW GOADLEY and JOHN REBOUL were indicted for stealing, on the 14th of April , 1 watch, value 3l,; 1 watch-chain, value 1s.; 3 seals, value 15s.; and 2 keys, value 4s; the goods of John Smith , from his person .
JOHN SMITH . I am a tailor . At half past two o'clock in the morning, on the 14th of April, I was walking with a young woman named Diggins, I was seeing her home - I was sober; I had been at work all day, and left work about eight o'clock - I then went to my employers in Regent-street to get paid; and on returning home by Tom Spring 's in Holborn, I met the young woman - I had not seen her for some time, and I asked her to go and have something to drink, which we did - I was then going home with her, and at the corner of Carey-street we were walking arm in arm; I was seized round the waist by Goadley - he came right across my front, put his hand round my waist, and threw himself against me; I seized him back-handed with the left hand - I saw his hand take my watch and seals out, and pass it behind him to two men who took it; there were four altogether to my knowledge - I took Goadly and gave him to Diggins to hold, and I was going to pursue the two men who had got the watch, up Chancery-lane, but when I got about five yards, I returned and saw Reboul with Diggins - he then ran off - I can swear he was one of the four - the policeman took him running away.
Cross-examined by MR. PHILLIPS. Q. How long had you known Rosetta Diggins? A. About two years; she is a shoe-binder - we are pretty good friends, but not too intimate - I don't know that she gets her living in any way but by shoe-binding; I had not seen her for ten months before this time - my wife knows of this young woman; she does not know her personally, but she knows that I paid my addresses to her once, I mean my respects - I was not in love with her - I met her about ten o'clock, opposite Spring's, and we were there till half-past twelve; we had three pints of ale there - we went to another public-house in Drury-lane, that was in our way home; I cannot tell where Rosetta lives - she told me, but I forget; I believe I had a little rum in Drury-lane - I had nothing else, I don't know how much I had, I believe I paid 5d. for it; I was perfectly sober - there was another female with us who was Rosetta's sister - I don't know that I told the magistrate that there was no other female in our company - I did not say so - I met Rosetta and her sister by accident; they live together and were both drinking with me.
ROSETTA DIGGINS . I have known Mr. Smith four or five years; I was with him when this happened - we were walking arm in arm; at the corner of Carey-street I saw Goadly draw the watch from his pocket, and pass it behind him, where were two persons - they ran off down Chancery-lane - Mr. Smith ran four or five yards to see if he could overtake them - I took hold of Goadly; he seized me by the throat, and the other prisoner came and took me away from him, and tore my shawl - Reboul ran off when the police was called, and the officer took him; I am sure of them both.
Cross-examined. Q. Had you known Goadly before? A. No, Sir; I should not know the other two persons; I am a shoe binder; I have known Smith four or five years, only as a friend - I met him about nine that evening - I had not seen him for six or seven months before; it was not so long as ten months - my sister was with me - I live at No. 8, Market-street, Haymarket, but I then lived at No. 7, Clement's-lane - we went to the Craven's Head, in Drury-lane, and we had before that called on a friend in a public-house, I don't know the sign, but Spring keeps it - I took a glass of ale there, and stopped some time on account of the rain - Drury-lane is not in the way to Clement's-lane, but I had to call on a person - Chancery-lane is out of the way to Clement's-lane, but I walked a little way back with Smith - it was about two o'clock when we got to Carey-street; I had not drank any thing at Drury-lane - Smith knew where I lived, for I told him; I went to Drury-lane to call on a friend at No. 23, but they were in bed; it was then half past one - Goadly positively denied that he had any part in the transaction.
JAMES STACE (Police-sergeant, F. 12). I was on duty in Carey-street, and heard the cry of Police! between two and three o'clock in the morning of the 14th of April - I went to the corner of Star-yard and met Reboul running towards me, as though he was running from the spot; I took the prisoner back, and found Goadley being held by the prosecutor and another constable - I took another person afterwards who was not identified.
Goadley's Defence. I had been to Drury-lane theatre, and then to a cook-shop and had my supper; I then came down Carey-street on the right hand side, and when I got near the bottom I heard a noise; I walked on, and when I got to the corner I saw the prosecutor, the witness, and two more women all in a bother, calling police; I stepped up and asked the prosecutor what was the matter - he said, you are one of the men who have stolen my watch - I was going home to Blackfriars-bridge, when he collared me - I said I would go with him; I made no resistance nor did I attempt to escape.
Reboul's Defence. I was at work in Drury-lane, and left at half-past one; I walked down the Strand, and turned up Bell-yard, and the policeman took me back, and this woman swore I was one who had attacked the man.
GOADLEY - GUILTY . Aged 18.
REBOUL - GUILTY . Aged 28.
Transported for Life .
EDMUND ROUCH. I lodge at No. 18, Little St. Andrew's street . I did not know the prisoner before this - I lost these articles on the 6th of April, but did not miss them till the 7th, they were safe on the 6th when I went to bed,
The prisoner put in a written defence, stating that he had bought the articles of a Jew at a coffee-shop in the Minories.
GUILTY . Aged 20. - Confined Six Months .
JOSEPH REYNOLDS . I am a cheesemonger , and have one partner, we live in Cromer-street . On the evening of the 16th of April, I was informed a man had taken a cheese, I proceeded down the street, and took the prisoner with it on his head - he was quite a stranger - he said some one gave it him to carry; this is it - it had been in a cart at my door - I had sent some cheeses to Smithfield for a gentleman to look at - my brother brought this and several others back in the cart.
Prisoner's Defence. I was looking for a place, and a man asked me to carry this cheese to the bottom of Cromer-street, or to Mr. Cubitts; I thought the man was on the other side of the way.
GUILTY . Aged 18. - Transported for Seven Years .
JOHN CLARK . I live at Brook-green, Hammersmith . On the 21st of April, I came out of the night-house just after twelve o'clock - I met the prisoner and two other soldiers at the door; they said they had come all the way from Windsor, and they wanted some tobacco and a drop of beer, which I gave them; and in going down the town they said they were very hungry, and I took them home, and gave them something to eat, and sent for four pots of beer for them; they staid till past four o'clock, and then they said they wished to have a drop of rum, and we went and had half a pint of rum and a pot of beer; the prisoner then whispered to the other two, and he went out; the other two then went out and ran away - my wife said to me, "John, your eyes are not open, I have no notion of these men" - she and I then went home, and missed a handkerchief and a time-piece.
HENRY CLARK . I am the prosecutor's son. I was at home in bed and asleep, and the prisoner came in and said Mr. Clark had sent him home to come to bed; I said he could not have any bed there, he must go and find Mr. Clark; he then went into the other room, where these things were.
TIMOTHY LYNCH (police-constable T 167). I was informed of the loss of these things; I went in pursuit of the soldiers into Little Chelsea, I overtook the other two before I got up to the prisoner - I could not do any thing with him, he would neither go one way nor the other; then he said he would come, and he walked with me, and he put out his leg to throw me into a ditch; I then threw him down; I let him get up, he then threw this handkerchief and this time-piece stand into the ditch; and he threw something else in, which was buried in the mud, and we could not find it; he then made his escape - I went back, and found these articles and his cap - he joined his regiment in two or three days, and the regiment gave him up to our officer - it is the first regiment of Grenadier Guards.(Property produced and sworn to).
Prisoner's Defence. I am charged with this robbery at Fulham, but I was not near the place.
GUILTY . Aged 36. - Transported for Seven Years .
FRANCIS TAYLOR , JUN. I was at work at the time, my sister called me, I went to the door, and saw the prisoner at the window taking a handkerchief out which hung in the window; he pulled it down - the glass had been cut previously; he ran and dropped this handkerchief, and I pursued and took him.
GUILTY . Aged 12. - Transported for Seven Years .
916. JOHN TILLMAN was indicted for stealing, on the 24th of April , 1 bill of exchange for payment of and value 23l. 3s. 10d.; 1 other bill of exchange for payment of and value 10l.; 1 other bill of exchange for payment of and value 46l. 15s. 8d.; 1 other bill of exchange for payment of and value 23l.; one 5l. bank-note; and two 5l. promissory notes , of Joseph Hawkins , his property.
JOSEPH HAWKINS. I am a manufacturer of wheels, axletrees, tiers , &c. and have a counting-house in Hatfield-street, Borough. On the 24th of April I was there, I recollect putting these notes and bills of exchange into my pocket-book; I took them from my pocket-ledger - I cannot be upon my oath that I left my pocket-book on my desk, but I am fully persuaded that I did - I then went home to dinner, and did not go out again - on the following morning I missed my pocket-book and notes; I went to my counting-house, but could hear no tidings of the pocket-book - I had never seen the prisoner to my knowledge; this was on a Wednesday, and on the Sunday the prisoner was taken - I received some information, and went with an officer to the prisoner's lodging; we found his wife at home, she gave us up the pocket-book without any hesitation; it contained the bills of exchange, but not the three 5l. notes, they were gone; the prisoner came home drunk soon afterwards, he said he knew nothing about the pocket-book; he was taken to the station-house; he then said he had left two of the notes with a person at Bermondsey, and had drawn 20s. upon them; the serjeant sent an officer the next morning, and found the two notes - all that is lost is one 5l. note, which the wife after some hesitation acknowledged
Cross-examined by MR. PHILLIPS. Q.Where is Hatfield-street? A. My gate-way goes in from Hatfield-street, which joins to Upper Ground-street - it is possible that I might have dropped my pocket-book, but I think not probable - I advertised it as being lost supposed between Stamford-street and Nelson-square - I never conceived that I had lost it - I had my privy searched, and then I advertised it - the man who gave me information was at Bow-street - I spoke to him in the street; I gave him a sovereign for his honesty - I did not charge any one with stealing this - it was about twelve o'clock in the day when I put the notes into the book, and I left in about half an hour.
COURT. Q.You stated at first that you lost it from your desk? A. I conceived so, but I thought it possible I might have put it into my pocket and lost it.
THOMAS CANNON (police-constable T 34). I went to the prisoner's house, and saw his wife, who gave up the pocket-book and the notes; the prisoner came home drunk- I found on him 14s. 7 1/2d. and some duplicates; he told the serjeant where he had left two 5l. notes, and I went and got them.
JAMES HOLMAN . I keep a beer-shop. I received two 5l. notes of the prisoner, I let him have 20s. on them; I had known him some time, and he had worked for me - he came to pay me 2l. 15s. which he owed me.
Prisoner's Defence. I picked it up in Hatfield-street, but I did not know the name of the street, for I cannot read - I did not know what it contained till I showed it to different persons.
NOT GUILTY .
917. THOMAS WELLS was indicted for stealing, on the 30th of March , 5 stoves, value 2l. 10s.; 1 counter, value 5s.; 1 stall-board, value 5s.; 1 gas-pipe and fittings, value 10s., the goods of Thomas Russell , and fixed to a building , against the statute, &c.
THOMAS RUSSELL. I am a butcher , I have a house in St. Luke's . I wished to get an under-tenant for it till Michaelmas next, when my term will expire; the prisoner came and entered into terms to take it, I think in February last; I did not sell him any thing, but lent him the use of the fixtures, but not to remove them, he was to leave them fixed; we made no agreement in writing - he was to enter about the half-quarter (about the 13th of February) and to pay the rent quarterly; the first half-quarter's rent he was to pay for taxes, but I believe he has not paid any - I went to the house about three weeks after Lady-day, and found it shut up and empty - the prisoner is a tripe-dresser - all the five stoves were gone, a counter, a stall-board, and a gas-pipe, which had all been fixed - I found the prisoner in East-street, Finsbury-market, about the 30th of March, and asked him what had become of these things, he said he took them out and sold them to a broker in Old-street.
Prisoner. Q. Did you not give me leave to remove the dresser? A. No, nor any of the articles, because I am bound to keep them, and to return them up again to the landlord on a repurchase.
MARGARET HYDE . I live in Goswell-street, opposite the house in question. I know the prisoner by his coming to my shop; I was standing at my door at half-past nine o'clock in the morning, and saw him remove the stallboard and some other boards; I think it was on the Wednesday after quarter-day - he shut the street-door and went away.
Prisoner. I was there on the Friday afterwards, and the board was on its hinges. Witness. I saw you bring it out and lodge it on the stones, and then take it away; I am sure it was you, I was surprised you did not take it when the furniture was removed.
CHARLES MATTHEWS . I am a butcher. I went with the prosecutor to the house, and missed all the fixtures - we went to the station, and were told to look after the prisoner- we went to Finsbury-market, and the prosecutor saw him come out of a house and pointed him out; I followed and took him - he said he had sold the things a fortnight before to a broker in Old-street, but he did not say to whom.
Prisoner's Defence. I took the premises, and found I had been taken in, as there was two years of poor-rates due, a year and a half of king's taxes, and other taxes due, and the gas-light rate; the prosecutor never paid one farthing, there was 2l. 14s. 6d. to pay for that, which I could not pay, and they cut it off - I was to give him 5s. for the stall-board, but I left it when I went away, and on the Friday after I saw it there - I went to a person and made an arrangement with him to take the house, and come in on the Monday - I took the house for the whole of the time, and I might have removed any thing if I had replaced it again - he has no proof that I sold any of them - I don't see what right he had to break into premises while I was in possession of them.
THOMAS RUSSELL re-examined. Q. Is it true that there are poor-rates due? A. Not on my account; the landlord was to pay if there were any due before - I went to pay the gas rate, and they would not take it without some arrears, which I was not inclined to pay - I am still answerable for the rent, and was obliged to pay the last quarter - the prisoner did not state that he was about to leave the house.
NOT GUILTY .
JOSEPH DOSSETT. I am a builder . The prisoner was my plasterer's labourer - on the 18th of April I saw him in my carpenter's shop about two o'clock, coming in with a plasterer's ladder; I told him he had no business there, and to put away the ladder - I then went down to Shoreditch, and on my return I met him with this piece of metal- I said, "What have you got there?" he said, Nothing; I said, Nonsense - I took hold of him, and found this piece of metal, which had been melted in this pot - I have known him six or seven years; he is married, and I believe has one child - I let him go that afternoon, and sent a man for him the next morning, and took him - this metal had been at the farther end of the carpenter's shop, where he had no right to be - when he was taken he said, it was the first time he had done so.
THOMAS PHILLIPS . I had this metal in my hand a short time before; I know it again.
Prisoner's Defence. He took it from me and gave me a kick, and when I went to the premises he told me to take every thing home belonging to me.
GUILTY . Aged 48.
Recommended to Mercy - Confined Three Months .
GEORGE ALLINGHAM. I am a licensed victualler , and live at No. 54, East-street, in the parish of St. Marylebone , it is my dwelling-house. I have known the prisoner ever since she was born; her parents live with me; she had been my servant for some time - I had missed money occasionally; and on the 27th of April, in the morning, I put fourteen sovereigns, and £9 odd, in silver, into a drawer in the bar, in which there was no other money; I then went into the cellar after having locked the drawer - I came up in about half an hour, and found the drawer unlocked; I locked it and went into the cellar again - I returned again in about half a hour, and again found it unlocked - I locked it again; the prisoner was sitting opposite to it at that time - I then went away, and when I returned again, I missed seven sovereigns and a half - I got an officer who searched the bar-maid, but found nothing on her; he then searched the prisoner, and found the seven sovereigns and a half on her, and a key which locked and unlocked that drawer; he then searched further, in a little sort of box, belonging to the prisoner, containing two little drawers, he found in one of them twenty sovereigns in a small bit of newspaper, and in the other twenty-two sovereigns; he took possession of them, and the prisoner was taken to the office - she acknowledged she had taken the money from me, and said she was very sorry - I had been missing money for three or four months, and on my oath, I believe I had lost all this.
FRANCIS KEYS . I am an officer. I was sent for and found seven sovereigns and a half on the prisoner, and three keys - I had asked her if she had any money about her, and she said no - I said there was 7l. 10s. gone, and it could not go without hands; I then said "Have you any boxes?" she said "yes" - I followed her up stairs, and saw her putting her hand to her pocket; I took her hand, and found in it the seven sovereigns and a half, and the keys - I found forty-two sovereigns in the box - she said she had taken the money and deserved the greatest punishment, for her master had been a good master to her.
GUILTY . Aged 21. - Transported for Life .
920. MARY ANN SMITH was indicted for stealing on the 21st of April , 1 watch, value 50s., 1 seal, value 5s., 1 watch-key, value 3d., and 1 watch-chain, value 2s., the property of John Rogers , from his person .
JOHN ROGERS . I am a Chelsea pensioner . I was at the Royal Hospital public-house, Chelsea , close by the College, on the 21st of April, about a quarter past nine o'clock - I was quite sober; I went to get a drop of beer; the prisoner was sitting there speaking to two men - I sat down to have my beer; she knew me, and called me by my name - she said, "Rogers, if you will be a pint of ale I will" - I said I had no objection, and we had a pot together; I sat next to her for twenty minutes - there were two men sat opposite to us; one of them called for a quartern of rum and asked me to have some, which I refused, as I was not in the habit of taking spirits - the prisoner was on my right; she gave me a pull and pushed my hat nearly over my eyes, and drew my watch from me - my comrade said, "You have lost your watch" - I then saw the prisoner putting it under the table; I snatched it from her hand, and gave her a back-handed blow; she then took up the pot and struck me on the head; she cut my hat and cut it into my head.
Prisoner. I asked you what time it was, and you put the watch into my hand. Witness. No; no such thing.
JOHN BEARD . I am a Chelsea pensioner. I was at the public-house on Sunday evening, the 21st of April, having a pint of porter; I saw Rogers, the prisoner, and two men sitting in a box - I sat down on the other side of the room - I saw the prisoner hugging very close to Rogers, and I thought I would take him out of the room - she was on his right side, and I saw her put her face close to him as if kissing him, and she drew his watch - I said, "Rogers, you have lost your watch;" I saw her attempting to put it under the table, and he took it from her and gave her a shove away, and came out into the tap-room; she then took up the pot, spilt the ale, and with a desperate blow, she cut his head open.
Prisoner. I did not see this witness at all; the prosecutor hit me first, and I thought I had a right to hit him again.
GUILTY . Aged 20. - Transported for Fourteen Years .
Fourth Middlesex Jury, before Mr. Sergeant Arabin.
WILLIAM BENTLEY . I am in the service of Mr. Thomas Hall, he is a baker , and lives in Kentish-town. On the 20th of April, I was out with my bread - I left my basket at the end of Union Terrace - I was away three or four minutes delivering some bread; when I came back I missed my basket and 6 loaves - I had not seen the prisoner, but a person told me he had seen a man take the basket and bread, and go down Camden-town.
SAMUEL BRACHER (police-serjeant, S 3). On the 29th of April, I met the prisoner in the Hampstead-road; I took him, and said he was wanted for taking a basket and some bread from Mr. Hall - he said I was mistaken, he was not the person; but in going along, he said, "I know what it is about, it is about Saturday week's job; it is for that bread and basket" - he said, he had sold some of the
GUILTY .* Aged 21. - Transported for Seven Years .
ROBERT TOMBS . I am a staymaker , and live at No. 31, Blackman-street ; the prisoner worked for me in my premises - she came there daily - I had missed stays from time to time, but I did not suspect her till I received some information; I then spoke to her, and said that as I heard she had robbed others, it was natural to suppose she had robbed me; and I had stated repeatedly, that the first I found guilty of robbing me, I would make an example of them - she said that she had robbed others, but not me; she afterwards confessed that she had taken one pair of mine- I then got the officer.
WILLIAM ROSS (police-constable, M 86). I was sent for and took the prisoner - she owned to taking one pair; and after she was given in charge, she told me where they were, and I went to get them; she then in going to the station-house, said she had two pairs at home which were not finished, in a box in her lodging; I went and found them.
WILLIAM HUMPHREYS . I am shopman to Mr. Folkard, a pawnbroker in the Commercial Road. These two pair of unfinished stays were pawned by a female who gave the name of Williams.(Property produced and sworn to.)
Prisoner's Defence. It was not my intention to defraud him, but to finish them; and if I had been paid my money every Saturday night, I should not have parted with them; I have now a demand of 10s. 7d. on him.
GUILTY . Aged 24.
Recommended to Mercy. - Confined Three Months .
Before Mr. Common Sergeant.
April 17th, Please send by bearer one dozen, 2 sheet; two dozen, 3 sheet; one dozen, 4 sheet. - Tyrrell, Greek-street. with intent to defraud James Lawrence Turnbull , and another; against the Statute, &c.
2nd COUNT. For uttering the same, well knowing it to be forged.
JOHN MILLS . I am foreman to James Lawrence Turnbull, and John Turnbull ; they are in partnership, and are pasteboard-makers . On the 18th of April, the prisoner came to their shop in Holywell-mount, between one and four o'clock - I heard the bell ring, went down and found him there; he threw down this paper; and said he wanted to take these articles with him - I don't know Mr. Tyrrell of Greek-street; but we have a customer of that name - I went into the manufactory and made up the order; I took it to Mr. John Turnbull , and requested him to make the bill - I gave the goods and the bill to the prisoner; he went away with them - this is the order he brought; this is the way they would be described in the trade; it means two sheets thick, three sheets thick, and four sheets thick- I believed Mr. Tyrrell to be the person for whose use they were sent - the prisoner paid no money.
JOHN TYRRELL . I am a stationer, and live in Greek-street, Soho. The prisoner was in my employ in 1829, but not since - he was with me for three years; I did not authorise him to apply for any pasteboards in April last - this note is not my writing; I think it is the prisoner's; I have seen him write, but I did not authorised him to write this.
JOHN TURNBULL . I live in Holywell-mount. I was at home when these goods were applied for, on the 18th of April; I made out the bill, but made an error in it; I sent a correct bill to Mr. Tyrrell in the evening, and this was discovered - they were the property of me and my partner.
Prisoner. Q.You said at the office you could not swear to me? Witness. A. I do not swear to you.
JOHN MILLS re-examined. Q. Have you such a recollection of the prisoner's person, as to be able to swear to him. A. I am positive it was him - I had not seen before - he came the next day for another order, which we did not let him have.
GUILTY of uttering only . Aged 19.
Transported for Seven Years .
There were two other indictments against the prisoner.
924. WILLIAM HORTON was indicted that he, on the 31st of August, 1830, at St. Dunstan's, Stebonheath, alias Stepney, was married to Caroline Witherly , and her had for his wife, and afterwards, during her life time, to wit, on the 30th of April, 1832 , at St. Anne, feloniously did marry Mary Hill , and her did take as his wife .
ANN WITHERLY . I am single - I have known the prisoner for some years - I have a sister named Caroline; I and my sister lived with my mother in Henry-street, Commercial-road, St. George's - I was present at St. Dunstan's, Stepney, when the prisoner married my sister there; she had no other christian name but Caroline - it was on the 31st of August, 1830 - the prisoner had represented himself as a widower; they were married by banns; I was not present when the banns were put up - I don't know what age my sister was; my father and mother were both aware of her marriage, and it was with their consent - the prisoner and my sister lived together after they were married, for I think five months, while he was at home - on Easter Wednesday afternoon last, a person came to my mother, and in consequence of what that person said the prisoner was apprehended - I saw my sister alive on Saturday last - the prisoner and her first lived in Severn-street, and afterwards in Globe-place; they had constantly lived together till lately, and lived happily.
Cross-examined by MR. PHILLIPS. Q. I believe your sister is in no way a party to this prosecution? A. No, Sir.
MARY HILL . I live at No. 8, Fann-street, North-street, Bethnal-green. I have known the prisoner ten years; when I first knew him he was married; but he lost his wife; he then lived at No. 2, Wood's Buildings, whitechapel-road - my husband's name was John Hill, he has been away thirteen years; he was a sailor - I have not seen or heard from him; I heard from the mate of the vessel that he died at Calcutta - the mate is not here, he is not arrived yet, but is expected daily - I was living in service, in the
Cross-examined. Q. You say you heard your former husband was dead, from the mate of the vessel? A. Yes, he heard he said that he died in another ship into which he removed; the mate did not say that he was in the vessel when my husband died - I married my husband, at Stepney church, sixteen years ago; it is ten years since I first knew the prisoner; I married him at Limehouse church, that is Limehouse parish, I am sure of that; my father was present at my marriage, and the bride-maid - I was very intimate with the prisoner ten years ago, I lived next door to him - I was almost too kind to him, I borrowed money and gave him; I was as familiar with him as I have been since we were married - he was not frightened into this marriage with me; he used to leave me every other night after we were married - I had intercourse with him ten years ago, but not often; he then went to sea, and came home fourteen months afterwards.
Q.Did you go to your father's house with a large cloak on at that time and find the prisoner there, and did he not desire you to unbuckle your cloak, and you would not? A. Yes, I was in a family way by another person - he did not sleep at my father's nor at my house at that time; he did not sleep at my house afterwards - I do not remember going to his bed-room to awake him one morning; I will swear I did not; I never had any intercourse with him after he found me with child by another man - he was very angry and quitted me, and I did not see him again for some time - I cannot tell the name of the father of that child, I had only intercourse with one man - I had two children by my first husband, and I have had this child in my arms by the prisoner since our marriage - I have had four children in all; I cannot tell the name of the father of my third child; it is so many years ago; I cannot tell whether I had intercourse with him the first time I saw him; he was a bricklayer.
JOHN PAY . I am the brother of Mary Hill, I knew her husband Hill; I recollect his going to sea thirteen years ago - I gave the prisoner in charge; I met with him, and told him, I considered he had acted a foolish part in marrying two women - he acknowledged he had, but he said it was done and could not be undone; I was not aware how my sister had conducted herself with him.
Cross-examined. Q.Did you live in the house with her? A. Yes, I know she had a child fourteen months after the prisoner went away - I never knew the name of the father of it; I never had the curiosity to inquire; I don't know whether my father or mother did; I had enough to do to look after my own business - the policeman is here who was with me when I took the prisoner; he was examined at the police office, he did not state there that he never heard the prisoner say it was a bad job.
COURT. Q. Have you the certificates? A. Yes, I got one from Stepney and the other from St. Anne's, Lime-house - I got this in the vestry-room from the minister and clerk, I compared it, it is a true copy.
Cross-examined by MR. PHILLIPS. Q. How did you compare it? A. The book was put over to me, and I compared it, word for word; I read the book first and then the certificate, and then compared them - I always understood the parish to be St. Anne's, Limehouse.
Cross-examined. Q. Has you daughter always lived in the same house with you? A. No, her first husband's name was John Hill, she lived in my house after his death; I know the prisoner was a neighbour of my daughter's ten years ago - I remember her having a child after the prisoner went to sea; I cannot tell where she had the child; it was not in my house - I did not ask who was the father of the child; I did not trouble myself about it - I did not inquire what became of the child - I knew she was not married - of course, I asked her who the father was, but if she did not choose to tell me, I could not help it - I did not threaten the prisoner that if he did not marry my daughter, he should be dismissed from his situation.
JOHN PAY re-examined. Q. Is Limehouse a large place? A. Yes, I went to the National School - the parish is St. Anne's, Limehouse.
GUILTY . Aged 36. - Confined Six Months .
WILLIAM PARKER . I live at Willesden , and am haybinder to Mr. W. Cripps; he is a farmer - on the 8th of May, I saw the two prisoners in my master's field running down under the hedge - May had the three shirts under his arm, and Goddard was running by his side - they saw me and threw down the shirts; I got over the hedge, and the prisoners were brought back; I took them and asked how they came to go into the orchard; they made no answer, but I saw May drop the shirts - my wife washes for Mr. Cripps, I know the shirts to be his; they had been hung out twenty minutes, and were not dry; I saw Norton pick them up.
Cross-examined by MR. PHILLIPS. Q. How far from the orchard did you see the prisoners? A. I suppose half a quarter of a mile - the shirts were not in this bag then, they were under May's arm; I cannot tell whether he might have picked them up before he saw Goddard - I never saw Mr. Cripps write his name, he cannot write - his name William Cripps is on his cart; I have heard persons call him William; I can't call to mind who has done so, but I have heard it.
Cross-examined. Q. Was there not a considerable quantity of linen in the orchard? A. Yes; Goddard might have taken some of it as well as May - I was not near enough to hear what Goddard said to May, or May to him.
GODDARD - NOT GUILTY .
MAY - GUILTY * Aged 19.
Transported for Seven Years .
THOMAS ELLSEY . I am assistant parish-clerk at St. Mary, Paddington, it is now called St. Mary, Paddington, but it was only Paddington, and is so in the book; it has been called St. Mary since the new district church has been built, within the last two years - I have the register book of marriages in that church; here is a marriage entered on the 15th of February, 1822, but I was not present.
FRANCES JONES . I am the wife of Edward Jones, of No. 70, Harrow-road. I am pew-opener at Paddington church; I don't know the parish by any other name but Paddington; I was present on the 15th of February, 1822, when John Gibson was married to Elizabeth Bayford ; I was a witness and saw them married - the prisoner is the man who was married; the woman is not here, but she was at High-street office on the 24th of April last.
Cross-examined by MR. CLARKSON. Q. I suppose you are the general voucher of the marriages there? A. Yes, Sir, but I generally object, unless the persons are a little elderly - I remember this marriage, because the woman was particular, and the prisoner was bald-plated then, but he has got a wig since; but I know him altogether - I have not seen him since 1822, but I have a strong recollection of him.
WILLIAM ROLAND . I know the prisoner; he married my mother - I know his hand-writing; this name, in this book, is his writing - he lived with my mother a little more than twelve months after they were married.
Cross-examined. Q. When did you see his writing? A.Hundreds of times; I had been writing with him - I can swear my mother had not lived with him before they married; she was a midwife, and lived by herself at No. 95, Berwick-street, Soho.
SARAH ROLAND . I know the prisoner; I married him at St. Anne's, Westminster, on the 12th of March, 1832 ; he represented himself as a widower, and said he had not had a wife for a number of years; and that she had died in the country; he said he had had two children by her and had left them with his friends when he left the country - we were married by banns - I had him apprehended in consequence of his having another wife.
Cross-examined. Q. How did you learn that he had another wife? A. I saw his wife about two months before I had him apprehended; I did not have him apprehended immediately because his wife would not produce the marriage, certificate - I became acquainted with the prisoner at my own apartment; he came with a friend of my first husband's, who came to visit a son of mine who was ill; and the prisoner afterwards came to see me - I lived with the prisoner after our marriage, except for about six weeks, when I was with a lady at Barnard Castle , in Yorkshire - when I came home I found a good fat hog, which I suppose my money paid for; his wife took the greater part of the property.
HENRY SAWYER. I am parish clerk of St. Anne's, Westminster, it is called St. Anne's, Soho, sometimes; it is in the county of Middlesex - I have a copy of the register, it is correct; I was present at the marriage, and acted as father.
GUILTY . Aged 62. - Confined One Year .
OLD COURT. Thursday, MAY 16th.
Second Middlesex Jury, before Mr. Recorder.
927. HENRY SMITH was indicted for feloniously breaking and entering the dwelling-house of William Worland , on the 18th of April , and stealing therein, 1 blanket, value 6s., 1 counterpane, value 6s., 2 pillows, value 11s., 1 clock, value 1l., 1 candlestick, value 3s., 1 towel, value 6d., and 1 tea canister, containing 9 oz. weight of tea, value 1s. 6d. , his property.
WILLIAM WORLAND . I am a skin-dresser , and live at No. 22, Pulteney-terrace, Islington . I was inhabiting the house at the time for a Mr. Bainbridge; I had been in possession about a month - Mr. Bainbridge lives in Holborn - the house was empty, and we lodged in it till it was let - I was fetched away from work about half-past three on the 18th of April - I had left my wife in the house when I left, it was secure then, and the door shut; on returning, I found the door open, and missed a blanket from the back parlour, a counterpane, two pillows, a clock, a candlestick, a towel, and a tea canister, were gone from the back parlour where we sleep; the prisoner was a stranger; he had been taken into custody when I came to the house.
Cross-examined by MR. LEE. Q. At what time did you leave? A.Between six and seven o'clock in the morning; the things were safe on the bed when I got up.
CHARLOTTE WORLAND . I am the prosecutor's wife. I left the house at seven o'clock in the morning to go to my work - the doors and windows were shut, and the street-door double-locked - I was sent for and came before my husband, and found the bed stripped and all the things gone - the door was not fastened when I came home - there was a mark of a chisel on the door, which corresponds with a chisel which was found - the prisoner was in custody when I returned.
Cross-examined. Q. Are you sure when you put the door too, you might not have missed the lock? A. I am quite sure I double-locked it; I always try it after me, and did so that morning - the things were safe when I left the house; I left nobody in it.
MICHAEL JAMESON . I am a policeman. On the 18th of April, about half-past three in the afternoon, I was coming from Islington and saw the prisoner and another coming out of No. 22, Pulteney-terrace, White Conduit
Cross-examined. Q.Were either of them out of the house when you first came into the street? A. The other man had come out, and the prisoner shut the door after he came out - I did not see the prisoner stoop down by the gutter, I pursued him very near a quarter of a mile, but never lost sight of him; he turned no corner; we came into Half-moon-crescent together.
CHARLOTTE WORLAND . This is my tea-canister - I lost it from the mantle-piece of the kitchen; I know it to be ours - it contains about the same quantity of tea as ours had in it - the party could not have got in behind, the value is under 40s.
Cross-examined. Q. Have you not a back door? A. Yes, I shut the back door myself that morning - I am positive the caddy is mine.
Prisoner's Defence. The policeman says he never lost sight of me - he went down one street forty yards long- I went down another which had no turning, and he took me; I had been out to look for work, and met a man who said he thought I could get employment of Mr. Smith, No. 20, in that street - I went down the street, tied up my shoe, and then saw the policeman - I knocked at No. 20, nobody answered, and I went away - I went down the street, and saw a man going with a bundle, and saw these articles, and picked them up - I put the weights of the clock into my pockets, and the caddy in my hat - I went on and saw the policeman stop a man with a bundle on his back at the corner of the street and question him; he touched the bundle and let him go and followed me.
GUILTY of stealing in the dwelling-house, but not of breaking and entering . - Transported for Life .
Before Mr. Justice Littledale.
JOHN HALL . I live in the parish of St. George's, Hanover-square . I occupy a place there, which has been a large barn; I have turned it into a dwelling-house, that is separated from the rest by a partition, and there is a door which goes out of one place into another; the outer door leads to the part which I live in, and there is a door in the partition leading out of that part to the other where I keep my cattle; I have an outer door at each end of the barn, the cattle go in at one door and I at the other; there is a door in the partition that communicates with both parts, and just by that door is a place which I have parted off to keep ducks in; it is all under one roof, and the door which the ducks enter at is inside; we are obliged to bring them in at the house-door, to get them into this little pen- the dwelling part of the house consists of a sitting-room, and sleeping-room, and the door in the partition opens into the other part where the ducks are - the prisoner had nothing to do with my place - on Saturday night, the 20th of April, I had twenty-four ducks, all of which I saw safe at seven o'clock at night in this place; my wife missed them next morning.
LOUISA HALL . I am the wife of the last witness. On Saturday night, the 20th of April, I had twenty-four ducks - I shut the doors that night; I saw the boy fasten the door, and I held the candle to him while he did it, and saw it fastened; he fastened the outside door, which goes into the yard - there is a partition between the place where we live, and where the cattle are, there is a door in the wainscoat, and without going into the air we can get to the place where the cattle are; the cows come in at the door at the end; the ducks are kept close against the door where we live - the ducks are under the same roof, in the same place where the cattle are, but parted off in a sort of fowl-pen; we getfrom the dwelling part of the house to where the cattle are by opening the door in the partition - I saw the door, leading from where the cattle are into the yard, fastened by a chain and iron-bar across it at ten o'clock at night - I did not go to bed till after twelve o'clock - I counted the ducks after fastening the door, and there were twenty-four of them - I got up between five and six o'clock in the morning, and found the doors open and five of the ducks gone - I found the boards broken by the side of the door, and the door was also open; the bar was not there, it was found in the road afterwards; the boards were broken open to admit the thieves; they must have undone the door inside to go out of it - the door which was open goes into the shed, and from that there is a door to the place where we live - I saw three of the ducks again on Monday morning in a basket in possession of Davis, the policeman - I knew them again as I always fed them; they were the same colored feathers; they were then dead - the boards were safe overnight.
WILLIAM DAVIS . I am a policeman. In consequence of information, I went to No. 11, Ranelagh-row, Pimlico - I went on Monday morning, the 22nd of April, about twenty minutes after six; I found in a cupboard on the right hand (in a little card-box), some duplicates; they were in a back room on the first floor - I had given the prisoner in charge to my inspector about one o'clock on the Sunday night (the 21st), and then heard him give that address to the inspector - I had taken him for breaking into the house of Mr. Grady - we asked him his address, he said he lived at No. 11, Ranelagh-row - after finding
Prisoner. Q. Where was the down and feathers? A. Both on your waistcoat and coat.
JAMES HATT . I live at No. 11, Ranelagh-row, and occupy the house there. The prisoner lodged in my house at the time he was taken; he had lodged there a year and a half - he is a carman when he is in employ; he lived in the first-floor back room - his wife has died since he lodged with me; she was not living at that time; he lived in that room alone - I have six other lodgers in the house; each of them have a room to themselves - I remember Davis the policeman coming to search - I don't know what room he searched - The street-door is always open, it has a catch and string to it; anybody can open it; but as to the doors of the different lodgers, I know nothing about them; but I got up between one and two o'clock that very Monday morning, as I have to light the fires at the London Steel Works - I went and did my work, and came in a little after six and went to unlock my room; I had the key with me- I went into the back yard, and when I came back there were two policemen at the foot of the stairs - I do not remember anything coming into the house on Sunday; I saw no ducks; I was never in his room but once since he has been there - I saw the policeman with the ducks on the Monday, but not before.
MRS. HALL. One of my ducks was white, another black and white, and one a dark one - I saw the ducks in the policeman's basket, and knew they were mine - I marked them in the feet; I burnt them through the web of the feet, because I was always losing ducks; it was two holes through each duck's right foot, and I found those marks on the ducks the policemen produced - here are the feet, but they are so dried up, I can't see the holes now; I am certain I saw them on the Monday morning.
Prisoner's Defence. I know nothing of the concern; my door was unfastened; there was nothing of the kind in the cupboard at 6 o'clock on Sunday, when I left - I did not go to the box, and cannot say what might be there - I went out on Sunday evening about six, left the door unlocked, and the key hanging on it; I have not returned since.
WILLIAM DAVIS . His room door was unlocked when I went - I saw marks on the white duck which agreed with the prosecutrix's description - the prisoner gave his address voluntarily - I found the padlock hanging on the staple of his door, with the key in it.
JURY to JAMES HATT. Q. Are your other lodgers men or women? A. They are all men but one; they are all married men - I never saw anything a miss of them, nor had I of the prisoner; he lived a year and a half with me, and I have known him five or six years - the lodgers come home at all hours, as their business keeps them out late.
NOT GUILTY .
Before Mr. Baron Bolland.
929. WILLIAM MUST was indicted for feloniously assaulting Mary Ward on the 8th of April , at St. John's Clerkenwell, putting her in fear, and taking from her person, and against her will, 1 bonnet, value 10s. , the goods of Thomas Ward .
MARY WARD . I am the wife of Thomas Ward . I was in Eagle-court on the 8th of April, about eight o'clock in the evening - I live at No. 5, Peter Street, Saffron-hill; I was sent for by a lodger of ours, stating that the furniture was being taken out of the window of No. 23, Eagle-court , where we have a house let to lodgers; my husband went to Eagle-court before me - I saw him there, and the prisoner was loading the cart with the furniture out of the first-floor window; he stood in the cart, and he had others with him - the others were in the room lifting the furniture out to the prisoner - three in the room, and the prisoner and two others in the cart; the three men were handing the things out of the first-floor window - I cannot say who these men were, Bugbird lived in that room, and I believe he was there, but there was such a mob I could hardly identify anybody except the prisoner, who ill-used me - they were lowering the furniture out of the window, and the prisoner was putting it into the cart - I went up to him and said What have you to do with this furniture; he said he was a sworn broker, and had been so a great many years, that he had bought it, and paid for it, and had the receipt in his pocket - I said, "I don't think you are any broker at all, give your address where it is going to; I think you are a thief" - he then took up his fist and knocked me down, and pulled my bonnet off my head in the court- before this I had taken one chair out of the cart, and he threw it in again and struck me over the forehead with it, and threw it into the back of the cart; he then gave me another blow; he knocked me down five times, and he said, "Carter, drive away" - the mob was so very great, I really cannot tell what he did with my bonnet; you might have walked on the people's heads - he drove the cart away; I said I would follow the cart all night, if I never returned any more - he pulled the bonnet off my head; we were squabbling about who the furniture belonged to - I followed the cart to Old-street; the carter and the prisoner, and another man, were pushing at the back of the cart - this furniture was Bugbird's before it was seized by a broker and sold to my husband - I am not sure that I saw Bugbird at all in the confusion - there was a man in a hairy cap, Tom Bugbird was named, but I do not know that he was there.
Q. You don't mean to say the prisoner stole your bonnet? A. He took it off my head, and used me very cruelly.
NOT GUILTY .
930. HENRY WILLIS and WILLIAM DOLLY were indicted for feloniously breaking and entering the dwelling-house of Levi Blitz , on the 1st of May , at St. Matthew, Bethnal-green, and stealing therein 1 pack of cards, value 8d. , his property.
JUDITH BLITZ . I am the wife of Levi Blitz, who lives in Slater-street, Club-row, Bethnal-green ; I don't know the parish - my husband keeps a clothes-shop . On Wednesday, the 1st of May, Willis shoved the glass away from the putty and took these cards - a piece of glass had been puttied on the window, and Willis shoved it away from the putty - I was in the shop at the time; it was between nine and ten at night; I was very near the window - there were five or six candles in the shop, and right before the glass there was a candle - When he took the cards, I called out "Willis, don't take those cards;" he put his hand in and took this pack of cards - I knew him before; my daughter followed him, and called out "Willis, Willis, don't run, you have got the cards" - I had sent her after him; I did not go outside myself; I went to the door after my daughter, and could not see him then - I was startled and could not move at first - he went away quickly - I did not see Dolly myself - this was a pack of old cards put there for sale; I should have sold them for a shilling.
Cross-examined by MR. PHILLIPS. Q. Did not you go to Willis's mother afterwards? A. I did, a quarter of an hour after it happened, but did not see her that night - I did not tell her her son must have taken the cards, because he had been seen passing and repassing; I said she knew he must have taken them.
Q. Were you present when Dolly came up of his own accord, saying he would not suffer Willis to be in custody; and there was a mistake, for it was him that did it? A. No.
LYDIA BLITZ . I am the daughter of the last witness. On the Wednesday night in question, I saw Willis at the window between nine and ten o'clock - I was behind the counter doing some needle-work, and he shoved away the putty from the glass, and took a pack of cards out; I saw him do it; I opened the door and he ran away; I saw Dolly following him - I ran after him, but could not overtake him; they went up Club-row - I had seen Willis before, and knew him by name; I called to him by name that night - I said, "Willis, don't run, because you have got the cards" - I had never seen Dolly before; Willis only lived round the corner of our house.
Cross-examined. Q. Was it dark? A.Darkish, there was a candle just where the cards were - the window had been puttied up ever since Whitsuntide - he did not smash it, but shoved the putty from the glass; I saw him plainly - he lives about forty yards from us - I did not go to his house, but my mother did; I ran after him - my mother went to his house with the policeman - he might be twenty or thirty yards off when I got out, and his back was towards me.
COURT. Q. Did either of the prisoners stand still when you went out? A. I went out about half an hour before to borrow a needle, and then saw them both standing by a lamp-post, one house from ours; I did not speak to them.
SIMON KNIGHT . I am a policeman. On the 1st of May, I was going round my beat at half-past nine at night, and the prosecutrix said she had been robbed of a pack of cards by young Willis - I went to his house; I did not know him before - he lives about thirty yards from the prosecutor; I did not find him there; I came back to the prosecutor's house, and he stood right against the door, and the prosecutrix gave him in charge.
Cross-examined. Q. How long was this after you heard she had been robbed? A. Not above five minutes.
Cross-examined. Q. Did he not come forward of his own accord? A. No, not to me; while I was taking him to the station-house, he told me he took the cards himself, and ran away with them - I had not asked him a question.
Dolly's Defence. She is a regular harper for little boys to pilfer.
NOT GUILTY .
Second London Jury, before Mr. Recorder.
931. SIMON NELSON was indicted for stealing, on the 5th of May , 1 watch, value 2l., 2 seals, value 2l., one watch-key, value 1l., 1 split-ring, value 2s., and 1 watch-ribbon, value 1d., the goods of Charles Oakley , from his person .
CHARLES OAKLEY . I live at No. 25, City-terrace, City-road. On the 5th of May, about ten o'clock in the evening, I was a little way down Bishopsgate-street , near Leadenhall-street; I was sober - I am a mercantile clerk- I am sure my watch was safe shortly before it was taken, it was in my fob - I was in company with a friend, and felt a sudden snatch and missed my watch instantly; several persons were passing and repassing, but I saw nobody in particular near me - I saw a man running at the moment, and I attempted to pursue him, but was unable, being lame from the effects of a broken leg; my friend pursued almost immediately after I had mentioned it to him - I did not point to the person who was running; I lost sight of him immediately; I raised an alarm of Stop thief at the same time, and I saw the prisoner in the watch house in about ten minutes - I can't swear he was the man- I have not seen my watch since; it was silver, and had two gold keys, and a seal and key, together worth about £5- the prisoner was an entire stranger to me.
Cross-examined by MR. DOANE. Q. How long had you been with your friend? A.Sometime; we had been into the country and were returning - we were both quite sober - I did not see the man before I felt the snatch, it was so sudden; I cannot tell whether my friend observed it; I called out that I had lost my watch, and he pursued.
WILLIAM WELCH . I was a warehouseman to Mr. Hopkins, of Great Dover-road. At the time in question I was in Bishopsgate-street; I did not observe the prosecutor - my eyes were attracted towards where he was - I was going in the same direction as him, to the Flower Pot, and on the same side of the way - and I saw a man make a snatch at Mr. Oakley, which drew my attention, and in a moment Mr. Oakley sung out that he had lost his watch, and cried "Stop thief" - he made a bit of a run, and stopped as if he was lame; I did not see the prisoner's face - I saw a person run across the road towards the London Tavern; I ran directly, and he took a short turn, and I could not see through the corner of
Cross-examined Q. I believe two other persons were in custody on this charge? A. Yes, it was Sunday evening, there were a great many persons in the street; the same person who made the snatch ran across the road; I saw no watch in his hand.
JURY. Q. Was Mr. Oakley walking arm in arm with his friend? A. I believe so; Mr. Oakley was outside and so was the man - I was about three yards from him; he turned and ran towards the London Tavern, the same way as I was going; he had turned back from the direction in which he was originally going; I consider he did that to get from the persons who had seen him do it - he crossed the road on the same side as the London Tavern, and turned on his heel, and directly turned again, and went down Leadenhall-street.
THOMAS BARKER . I am a time-keeper to the Blackwall stages, and also a City officer. About ten minutes before ten o'clock I heard a cry of "Stop thief," proceeding from down Leadenhall-street; I saw some persons running down Leadenhall-street; I ran down, and turned round the coaches to meet him, and met the prisoner running at the head of the others - a young man who met him made a snatch at him, but he got from him; I instantly ran on him and secured him; he said, "I am not the man, I am running after the thief, you have got the wrong person" - Mr. Welch and several others came up and said,"Hold him;" I took him to Lime-street watch-house, and searched him; I found no watch on him, or any thing relating to the charge - having to dismiss the ten o'clock coach, I left him there; I was present when Mr. Oakley saw him at Cornhill watch-house; he could not identify him when I stopped him; Welch said, "Hold him, he has robbed a gentleman of his watch."
Cross-examined. Q. Did you take any other persons? A. No, they were taken in Bishopsgate-street; the prisoner said, I had got the wrong person.
Prisoner's Defence. I was standing at the Blackwall coaches, waiting for my brother-in-law to come up; I saw some person running, and some boys said that was the man, and Mr. Barker took me directly.
NOT GUILTY .
932. CATHERINE M'CARTHY , and ELIZABETH MAHONY , were indicted for stealing, on the 19th of April , 1 pillow, value 3s.; 1 pillow case, value 1s.; and 1 blanket, value 7s. , the goods of William Austin , their master.
ELIZABETH JANE AUSTIN . I am the wife of William Austin , who keeps the White Hart tavern, Abchurch-lane . Both the prisoners were in my service; Mahony had lived with me two years and a half; she had 8l. a year - M'Carthy had lived with me nearly twelve months; I had given them both warning to leave on the 12th of April - I had not then missed these articles; I did not miss them until after they left; Mahony asked me on the Thursday morning, as she was to leave on Wednesday, if I wished to look over her box? I said I did wish, and did so - they both sleep in the same room, but had separate boxes; on looking over her box at that time I found nothing; I searched M'Carthy's box the same day, and found nothing - when Mahony asked me to search her box, she asked if I had any objection to her taking it away on that Thursday night, and I allowed her - I went up stairs directly I had given her leave, I followed her up; I opened her bed-room door, and she then had a small red box in her hand; I had not searched any thing at that time, and when I did search, I forgot the red box in my hurry; I searched the red box before she left the house, and found in it a duplicate of a pillow, a pillow case, and blanket - I afterwards went to the pawnbroker's, and saw the things, and the pillow case I knew directly; it had no mark on it, but I had made it myself, and know it by my own work; I have since missed a pillow, and don't doubt but that belongs to me; Mahony was not in the room when I found the red box containing the duplicate - the duplicate was found in Mahony's box, but we found it had been pawned by M'Carthy, and Mahony acknowledged sending her to pawn it - I do not recollect telling her it would be better to tell about it; when I found the duplicate, I locked her box again, and went down stairs, and went to the pawnbroker's - I knew the articles; I came back and put the ticket into the box again - I then sent Mahony to the West End of the Town, and sent an officer with M'Carthy to the pawnbroker's, who identified her; when Mahony returned the officer produced the duplicate, and she said it was her - the things were pawned in the name of M'Carthy; the three articles were all in one duplicate - we had both the prisoners taken up.
Cross-examined by MR. DOANE. Q. What wages was due to them? A. To Mahoney, 3l. 10s., and about 30s. to M'Carthy; the things were pawned for 1s.
THOMAS BAYFIELD . I manage the business of Mr. Robert England, a pawnbroker near the Town-hall, Borough. I have a pillow, and case, and blanket, which were all pawned at one time by the prisoner M'Carthy in her own name, on the 9th of April, towards the evening; I took them in myself - we have a customer of that name in Fishmonger-alley, who she was acquainted with, and I put that address to it; she only asked 1s. on them, saying she wished to take care of them, which Irish people often do when they don't want money - I am quite certain of her person - Mrs. Austin saw the articles about a month after, and brought a pillow-case which matched the one we had.
M'Carthy's Defence. She brought them down to me in the passage, and asked me to pawn them for 1s.; I did not know what they were, and pawned them in my own name, and gave her the duplicate.
Mahony's Defence. I was short of money, and did not wish to trouble my mistress till I had a settlement with her, so I gave M'Carthy these to pawn, intending to get them out before I left the house.
MRS. AUSTIN. They had not applied to me for wages - I had a good character with them both - I have lost a great many things for the last two years, but never suspected them.
M'CARTHY - GUILTY . Aged 23.
MAHONY - GUILTY . Aged 19.
Fined 1s. and discharged.
933. WILLIAM PALMER was indicted for stealing, on the 1st of March , 1 coat, value 3l., the goods of David Dewing Stribling , and 1 hat, value 16s., and 1 snuff-box, value 1s. , the goods of Frederick Brewlant Shaw .
DAVID DEWING STRIBLING . I live in Dove-court, St. Martin's-le-Grand . I lost a coat worth three guineas, and a hat which was not mine, but was in my room, and a snuff-box; the box was taken on the 1st of March - the coat was up stairs in my bed-room; I only have the bed-room - I had seen it safe two days before - I generally keep the coat in a drawer; the hat was in a hat-box, and the snuff-box was in a box - the hat belonged to Frederick Brewlant Shaw - the prisoner lodged in the same room with me - I never authorized him to take the things - I saw him on the 1st of March, in the morning, at the lodging; I left my room, leaving him behind - I never saw him again till he was taken up - I saw the coat and hat in the possession of the pawnbroker about six weeks after - I am quite sure the coat was mine, and the hat belonged to Shaw - the prisoner left the lodging quite unexpectedly.
ELIZABETH SHAW . My husband keeps the house. The prisoner lodged in the same room with Stribling - on the 1st of March he came to me and said Stribling had sent him for the coat; I told him to go up stairs for it, he went and brought it down, and brought the hat in a hat-box, but I never saw the snuff-box; I tied the coat in a handkerchief for him - I did not see him again till he was taken.
WILLIAM JOHN SMALLSHAW . I am foreman to Mr. Fleming, No. 90, Newgate-street. I know the prisoner's person - on the 1st of March he pawned the hat for 4s. and the coat for 15s. at my master's shop in his own name - I am quite certain of him; I knew him before - he gave himself up at the police station as I understand.
THOMAS FEW . I am a police constable. I was on duty in Bunhill-row on the 26th of April, the prisoner came and asked if I had information of this robbery, I said not to my knowledge, he said "I am the person who did it," and that he had sent the duplicate in a letter to Mr. Stribling; I went to the prosecutor.
DAVID DEWING STRIBLING . This is my hat and coat, I am quite certain it has never been worn, it was taken with the hat; I can't swear to the hat, I know Shaw kept his hat in my room - the prisoner sent the duplicate to me in this letter, there was no money in it. (Read.)
"DEAR DAVID, - I received this letter at twelve to-day, I had 25s. enclosed in it - a coat and hat at Fleming's, Newgate-street. - PALMER."
GUILTY . Aged 22. - Confined Six Weeks .
JOHN BROWN . I live in Great Hermitage street. On the 11th of May, about eleven o'clock in the morning, I was in the lane which leads to Barking Church-yard, Tower-street - I had my handkerchief in my pocket, I felt a motion at my pocket, turned round, and seized the prisoner and another who was with him, but the other got away; he was the youngest of the two - I found my handkerchief in the prisoner's hand, and immediately I seized him he let it fall; the constable picket it up; it was the same handkerchief as had been in my pocket - I am master of a merchant vessel.
WILLIAM RAY . I am a constable. I was standing at my own shop-door in Seething-lane, the prisoner and prosecutor were on the other side of the way about four yards from me - I saw Captain Brown with the prisoner by the collar, he immediately dropped the handkerchief from his hand; the boy ran away before I could get hold of him - I took up the handkerchief, and have had it ever since.
Prisoner. The gentleman picked the handkerchief up, and not the constable. Witness. To the best of my knowledge I took it up, but I stooped to take it up at the same time as him.
Property produced and sworn to.
Prisoner's Defence. I was coming through the church-yard, a little boy and a gentleman were walking behind me; the gentleman took hold of the boy, then let him go; he turned round, took up the handkerchief, and accused me of taking it, which I knew nothing about.
GUILTY . Aged 19. - Transported for Life .
RICHARD ROWLATT . I keep the King's-head in Smithfield . The prisoner had been in my service about three months, and was so at the time this happened - I missed these boots about the 20th or 21st of March; I had left them in the passage leading to the staircase at night - it was his duty to clean them; I inquired of him about them, he said he had looked among all the boots (he had the care of sixty or one hundred pair,) but could not find them- I had seen the 5l. note on the evening of the 3rd of May in my pocket-book - when I went to bed I pulled off my coat and laid it down with my pocket-book in it - it was his duty to brush my coat in the morning - I locked the door of my bed-room; and in the morning I unlocked my door, and called my little girl to take down the coat to
Prisoner. Q. Can you swear it was not more than five minutes before you sent the coat down, till you received it? A. It was five minutes as near as I can state.
ELIZA RUNNETT . I am servant to the prosecutor - on the 4th of May he sent his coat down by his daughter, I saw it on her arm, I was standing at the street door and called the prisoner twice from the door to take the coat from her; he came the second time, and took it from her; he returned it in about five minutes.
Prisoner. Q. Can you swear it was delivered to me? A. Yes, Miss Rowlatt laid it on the kitchen chair for you to take, and you took it from there to brush; I am sure I took nothing from the pocket.
MARY ROWLATT . I am the prosecutor's daughter - I took his coat to the prisoner to be brushed - I delivered it to him as I received it, without meddling with the pockets; I did not see him take it in his possession; I left it in the kitchen on a chair; the prisoner was not present at that time- I heard the last witness call him to take it to be brushed.
TIMOTHY FISHER HODGSON . I am a City policeman. Mr. Rowlatt called me in on the 4th of May, between nine and ten o'clock in the morning, and told me he had been robbed by his boots (the prisoner), I took him into custody - I found the bank note concealed in a coat in the place appropriated for him to clean his boots and things - he said nothing; Rowlatt claimed the note, which had his endorsement on it - the prisoner was not present then; I have the note.
Prisoner. Q. Can you swear which place the note was in, I have two places to work at? A. It was where he kept his coats, boots, and shoes; Mr. Rowlatt said he had the place for his own use, and he did not deny it - the note was loose in the pocket of a coat of a gentleman who uses the house; the gentleman did not claim it.
RICHARD ROWLATT . The coat belongs to Mr. Flowers of Brentford, who was not in my house that day, and had not been there that day - it is a coat he puts on to go into the market; he had invariably left the coat in the prisoner's care; he was not in my house at the time.
JOHN BARLOW . I am a commercial traveller. I was in the bar when the prisoner brought the coat in after brushing it - he asked me what he should do with it, I told him to lay it in the bar parlour, he did so - I was with the police officer when he found the note; it was in the place where the prisoner brushed his clothes and cleaned his boots - Mr. Rowlatt pointed out his endorsement on the note; the prisoner denied the charge.
Prisoner. Q. Can you swear nobody else had access to the place? A. No, I am not sufficiently acquainted with it.
JURY. Q. Are you in the habit of stopping at the house? A. I am the prosecutor's brother-in-law, and have been there about a month.
Prisoner's Defence. I am quite innocent; he set me to scrape the dirt off the pavement; while I was doing that, Miss Rowlatt called to me to brush her father's clothes, I answered her, but did not go for ten minutes; a second call was made and I went - I did not see them in the parlour, and found them in the kitchen; I took them and brushed them - I took the coat into the parlour and left it there, as Mr. Barlow said I might put it there - I went and finished the pavement, returned to the yard with the spade and broom, then went into the kitchen to breakfast - Miss Rowlatt came and asked where I found the clothes; I said in the kitchen; she said she did not know where she had left them - Mr. Rowlatt called me into the parlour, and said he missed a five pound note; I said I knew nothing of it; he said, if I would give it up, he would not prosecute me - Gentlemen, twice a week, come to market, pull their things off for me to brush, and put on others - I am sometimes away, and strangers are allowed about the yard, and have free access to my room.
RICHARD ROWLATT . I am certain of the note, here is my endorsement on it with the name of Wall, who I took it of on the Friday before - I have not a doubt of it being one of the notes which were in my pocket-book.
JURY. Q. Have you any date on it? A. No, but I am sure I took it of him the day before, I have taken money from him before, but don't recollect ever giving him change; he is a regular customer - I perceived this to be a shattered note, which is the reason I put his name on it; other persons could go to this place, but none had business there, except the prisoner - I look over my money every night, before I go to bed - I had a good character with the prisoner.
JURY to ELIZA RUNNETT . Q.After the coat was laid on the chair, had you your eye on it till the prisoner took it away? A. I was sweeping the passage and am quite sure nobody went into the kitchen from the time Miss Rowlatt laid the coat there till I saw the prisoner take it - there was nobody with the prisoner and nobody went into the place where he brushed the coat.
GUILTY . Aged 24. - Confined Six Months .
DANIEL SUDBURY . I am a miller and baker , and live in Union-place, Borough-road. I lost twenty-seven loaves of bread from Field's house in Blackfriars-road ; they were in a truck belonging to Thomas Field - Twenty-five were missing, besides two which I saw at the Mansion
JANE FIELD . I am the wife of Thomas Field . This track was ours; I delivered it to the prisoner with twenty-seven loaves, on the 2nd of May; the loaves are my husband's, he is a baker - I considered the loaves as Mr. Sudbury's, as we delivered them to the prisoner at our own house, in Blackfriars-road - I saw him wheel the truck away; he was to deliver the loaves to the Mendicity Society house, Red-lion-square.
ALFRED HEAD. I am a shoemaker, and live in Bull-court, Jewry-street, Aldgate. On the 2nd of May I saw the prisoner offering these loaves for sale; they were in a truck in Sparrow-corner - I spoke to Mr. Stone, the officer, of it, and he was taken; he had only two loaves left then.
Prisoner. There was no bread in the truck then. Witness. I saw him take the two loaves out of it and offer them for sale - another lad had them; the prisoner was dragging the truck, and saw the other lad take them out.
JOSEPH STONE . I am a City officer. I had information from Head and apprehended the prisoner - I had not seen him disposing of any bread - I apprehended the prisoner in the Minories, in the City; I took him to the Mansion-house, the loaves were produced.
Prisoner. Poverty compelled me to do it.
GUILTY .* Aged 18. - Confined Three Months .
NEW COURT. FRIDAY, MAY 17th.
Fourth Middlesex Jury, before Mr. Common Sergeant.
GUILTY . Aged 21. - Confined Three Months .
WILLIAM GODING . I am the son of Mr. Thomas Goding , he is an ale brewer - in April, July, and September last year, the prisoner was collecting clerk in his employ; he was to account to me - I have in my hand his collecting book, in which he was to enter the debts, and all monies he received.
Cross-examined by MR. CLARKSON. Q. How much was the amount of his collection the first year? A. I can't say - it was a part of his duty to procure customers, and he certainly did increase them.
Cross-examined by MR. BARRY. Q.How long had he collected of you? A. About three years; I have paid him a great deal of money.
Cross-examined by MR. CLARKSON. Q. Were you not procured as a customer by the prisoner? A. O no, I had dealt with the prosecutor for some time.
The prisoner put in a written Defence, stating that having been compelled to drink with different publicans, in order to increase the business, he, for days together, was in too confused a state of mind to keep his accounts correctly; that the prosecutors held a bond for £500, which they would receive to make good any deficiency which had arisen. William Dalton, Richard Wood , Matthew Birtingham , and John Phillips, publicans, deposed to his good character.
GUILTY. Recommended to Mercy .
Confined Six Months .
WILLIAM REPTON . I am a boot-maker and live in Tabernacle-walk, On Monday week last, I had been at a friend's-house, and staid there till between twelve and one in the morning; I was then going home and in Paul-street I met the prisoner with another female - the prisoner accosted me and wanted me to go home with her, she began to pull me about, and took a comb out of her hair and combed my whiskers with it; I told her I did not want to have any thing to do with her, but to go home - I had had my hand in my pocket just before I met the prisoner; I had seven shillings and sixpence in my pocket; I walked with her a short distance and then missed four shillings - I told her she had robbed me; she appeared to be rather surprised, and then began to abuse me - I told her if she did not give me my money, I would give her in charge to the police; the policeman came up, and I gave her in charge - I don't know at what time she took my money; I don't know whether she might have put the money into her purse; I did not hear it drop
Cross-examined by MR. DOANE. Q. Where had you been? A. I had been at chapel the night before, and then to a public-house; I had had two pints of ale, a glass of gin, and a pipeof tobacco - I was five or six minutes with the prisoner; the other woman had come up against me, and then she went on - I had not been good-natured to her; I did not miss my money for some time after - I did not see the prisoner take my money, and I had my eye upon her all the time - I am a widower.
Cros-examined. Q. Was the prisoner with the prosecutor? A. Yes, the purse was in her pocket, not in her hand.
Prisoner. I am innocent, it was my own money.
NOT GUILTY .
MARY MANNING was indicted for stealing, on the 27th of April , 1 half-sovereign , the monies of Sarah Crumpton .
SARAH CRUMPTON. I am single , and live in Foley-place . The prisoner sold fish about the streets ; I had dealt with her for two years - on the 27th of April she came to my door and I bought three pair of soles of her for sixpence; I gave her a half-sovereign to give me change, but I went away for a few minutes, and when I returned the prisoner was gone; I inquired for her, but she was gone - on the 29th of April I saw her and gave her in charge; I have not seen the half-sovereign.
Prisoner. While I was skinning the soles, the prosecutrix went down, and a man came with lobsters - I put my basket on my head and cried my fish - I did not leave the street for full twenty-minutes; it was a sixpence she gave me, not a half-sovereign - this was on Saturday; on Sunday I do not go out with fish, and on the Monday I was taken.
NOT GUILTY .
JOHN RATCLIFFE . I live at No. 6, Little Exeter-street, Lisson-grove . I had a copper fixed at the back of my premises; I missed it early on the morning of the 7th of May; I saw it safe at nine the night before; I have seen it since and know it is the same.
JOHN ANDERSON . I lodge at a coffee-shop, next door to the prosecutor. I saw the prisoner there that night, but did not see him go out; but about four in the morning I saw him with a copper on his shoulder - there had been a disturbance at the coffee-shop all night - there were twenty other persons there and the prisoner; they were pulling the seats up, and breaking the place to pieces - I did not see where the prisoner got the copper, but he turned down a street, and I told what I had seen.
PETER GLYNN (police-constable D 151). I was on duty about four in the morning of the 7th of May, in Lisson-grove - I saw the prisoner come out of Duke-street with his hands very dirty, and when he saw me he pretended to be very drunk - I went round my beat and in about five minutes I saw the prisoner again in Dukemews; I went into the mews and saw the copper, the prisoner was then gone out another way; I looked for him, but could not find him - I took the copper to the station, and the next morning I fitted it to the place where it had been - I know that coffee-house, it has had a bad character, and has been reported.
The prisoner put in a written defence, stating that he had gone into the coffee-house in a state of intoxication; and came out as there was a disturbance there, but was innocent of any robbery.
GUILTY . Aged 19. - Transported for Seven Years .
EDWARD STEPHENS. I am in the employ of Mr. Robins, the auctioneer. On the 14th of April I was in Hind-street, Manchester-square - I was in the outer portico of the chapel, coming out - I had a handkerchief in my pocket, which I felt safe as I came down stairs - I felt something at my pocket when I got to the portico, and then missed my handkerchief; I turned and saw the prisoner, I seized him immediately and accused him of picking my pocket; he said he had not got the handkerchief; that he did not come there to pick pockets, but to hear the sermon - he asked me to look on the ground, to see if it was there; I looked, but it was not there; he then said, let him look, which he did, and then the handkerchief laid at my feet, where it had not been before.
JOHN TUCE BROWN . I was at the portico of the chapel, and heard the prisoner say, "Look if your handkerchief is not down on the ground;" the prosecutor looked, but it was not there; the prisoner then said let him look, he stooped, and I saw him take this handkerchief from some part of his person, and put it on the ground.
Prisoner's Defence. There were three lads before me who took it and dropped it on the ground - and the gentleman said it was me.
GUILTY . Aged 17.
Recommended to Mercy. - Transported for Seven Years .
WILLIAM WHITTINGTON . I drive a cab . On the 16th of April, at near nine o'clock at night, I drove a coach on the stand for the coachman - I had my great coat on my arm, the prisoner was standing by the side of the horses, but he had nothing do to with the stand; I waited, and the coachman came up with a coat on his arm, which he gave me, and told me to throw it on the box, which I tried to do, but as I had the whip in my hand, and my own coat on my arm, I could not do it; the prisoner said "Give me your coat, and whip to put the coat on the box;" I did so, and got up to put the coat on the box, and while I did that the prisoner laid the whip on the horses, and ran off with my great coat - I have never seen it since, but the prisoner was taken the next day - I swear he is the man.
Prisoner. Q. He asked a great many people if they saw a man with a drab waistcoat on? A. Yes, I did; you wore a drab waistcoat.
Prisoner's Defence. I was at work for a man who was ill; theprosecutor came in and asked a man if he was Tom
GUILTY . Aged 28. - Transported for Seven Years .
944. ELIZA SMITH was indicted for stealing, on the 2d of May , 1 watch, value 2l. 10s.; 1 seal, value 1s.; 1 watch-key, value 6d.; and 1 watch-ribbon, value 4d., the goods of Jonathan Lewsey , from his person .
JONATHAN LEWSEY. I am a gentleman's servant , but am out of place. On the 2d of May, at a quarter before one o'clock in the morning, I met the prisoner in James-street, Haymarket ; I had no conversation with her at all, but she came suddenly up to me and snatched out my watch; she ran off, and I pursued her; she ran into Whitcomb-street, and into a house; I went into the passage of the house, and waited while a young man called the officer, who went up stairs, but could not find the watch there - he found it afterwards.
HARRIET WRIGHT . I was in James-street at a quarter before one o'clock that morning - I saw the prosecutor walking quite alone, but he was intoxicated - the prisoner came down the street, stopped him, and took his watch from him- I did not hear a word pass between them - I did not know the prisoner before.
Cross-examined by MR. DOANE. Q. How long did this take? A. Not many minutes - I had never seen the prisoner before, but I am sure she is the woman; I know her by her bonnet and her dress.
JOHN BURKE (police-constable, C 124). I saw the prosecutor in the passage, he told me a woman had taken his watch from him in James-street and run into that house; I went up stairs and met two women and a man coming down - I found nothing on them; I then went up higher, and found two young women in bed; I made them get up, and searched the room, but found nothing - I then went into the cellar, and found the prisoner; I asked her for the watch, she denied having it; I brought her up stairs, and said I would take her to the watch-house; she said if I would allow her to go down, she would find the watch; I went down, and found it under the cellar stairs.(Property produced and sworn to.)
Prisoner's Defence. He gave me the watch to go with him to a house in Coventry-court, which I did; and when we came out, I took it to this house, to leave it for some money - I was tipsy as well as he was.
WILLIAM JONES. I am a private in the Guards. I met the gentleman and a young woman together at the corner of Little James-street, turning into the Haymarket, about half-past twelve o'clock - they made a stop, and the gentleman said "I have no money, not a farthing, but my watch," and he had his watch in his hand; he said "Do you know any house where we can leave it for a few shillings;" she said "If you will give me the watch I will try," and they went towards Whitcomb-street - I merely looked round and looked at their dress - the next morning I was passing the street, and heard of the young woman being taken, and I told what I had seen to two young women; and the same night I told a policeman of it.
COURT. Q. How long have you been in the Guards? A.Eighteen years - I had never seen the prisoner before that I know of - they were walking - I have seen the prisoner's mother; that was the day we were at Westminster Sessions-house; I had not known her mother before, but she found me out by some means - I did not go before the magistrate, I was at drill that morning - I know the house in Whitcomb-street, I have been there in company with a young woman, but not with the prisoner; I have been there more than once, but never had any conversation with any one there - I had not seen the prisoner before, but I noticed their dress; the gentleman had brown top-boots on, and the woman had a sky-blue bonnet.
MARY FEWSTER . I am a widow, and live at Lambeth. I know nothing of the prisoner, but I was coming from Somers-town that night, and passing down the Haymarket about half-past twelve o'clock, I saw a man and a woman together coming out of a court, and going down the Hay-market - I heard the man say to the woman, "I have no money," but I did not see him do any thing.
COURT. Q. You knew nothing of the parties? A. No, I did not see the soldier, nor the brothel-house keeper, nor the house; three or four nights afterwards as I was coming along the Haymarket, I met a person who asked me if I had been out on such a night, and she asked where I lived, and I told her, and then they sent me this summons to attend here - I cannot tell how many men and women I saw walking together the same evening; I have since found that the person who spoke to me had been sent by the prisoner's mother.
GUILTY . Aged 18. - Transported for Life .
GEORGE COLLIER (police-constable 160 N). The prosecutor keeps a broker's shop at the corner of River-lane, Islington . On the 14th of May, I saw the prisoner take a piece of floor-cloth from the shop; I pursued and took him, and my brother officer took up this floor-cloth which he dropped.
Cross-examined by MR. DOANE. Q. Was there not another man with the prisoner? A. I did not see any other; I lost sight of the prisoner for about a second - I had seen him before, but did not know him.
Cross-examined. Q. Was there not another man with him? A. No, I did not see any; I took a man to Hatton-garden as being a companion of his, but he was not detained - I saw the prisoner drop this, and I took it up.
GUILTY . Aged 25.
Recommended to Mercy. - Confined Six Weeks .
Holborn , and they asked me to treat them, and I treated them at one or two houses; we then went into the York Arms, but I believe they paid for what they had there - I passed a 5l. note to the hands of the landlord to give me change; he said he could not - the prisoner then took the note from my hand, and gave it to the other woman, who went out with it; the landlord accused the prisoner of having it; she said she had not - she was taken immediately; she offered to make up the matter by giving me 2l. or 3l.; it was a 5l. Bank of England note.
Cross-examined by MR. DOANE. Q Had you not another woman in company with you before you saw the prisoner? A. No, Sir; the prisoner and the other woman were in company, the other woman had a child in her arms; they called me uncle - the prisoner said, I will take care of it for you; we went into two or three houses, it might be five or six - they did not refuse to serve me in any of those places - I did not drop the note in any public-house, I had it in my side pocket; I did not take it out till I got into the house where I was robbed of it - I will not swear that I did not.
CHARLES BURT . I am assistant to my mother who keeps the York Arms. The prosecutor came there with two women, the prisoner was one; the women had something to drink, but the prosecutor had not; he offered me a 5l. note to change, and pay for what they had - I said I could not change it; he said he had no more money - the prisoner said she had money, and she paid for what they had had with a shilling - she then said to the prosecutor, "Uncle, give me the note, I will take care of it," and she stretched out her hand, and took the note from his hand; the other woman was gone in a minute; the prosecutor seemed surprised, but in a minute he said to the prisoner "Give me my note" - she said she had no note - I said, "You have, I saw you take it;" I opened the door and called the policeman.
Cross-examined. Q. How many persons were there in front of the bar? A.There were only the prosecutor and the two females; the prisoner brought the child in, but the other woman took the child before the prisoner took the note - I am certain the prisoner took it, she was not out of my sight.
DANIEL SMITH (police-constable G 146). Mr. Burt called me in - I asked the prisoner where the note was? - she said she had never seen it, and I might search her; in taking her to the station, she said she did take it, and offered the prosecutor 3l. to make it up - on the Saturday following, the man she lives with came and offered 3l.; and when the prisoner was before the magistrate the third time, she said she gave the note to the other woman.
Prisoner's Defence. I was looking into a linen-draper's window, he came and asked what I was looking at? - I said what was that to him; I went on, he followed me; I looked behind, and saw a woman with a child walking with him; the woman asked me to have something to drink, and we went into a house, but he was so much in liquor they would not serve him - I drank a little and came out, and the woman followed me; they then went into two or three other public-houses, and had gin and water, and he bought the woman a new pair of boots, and a pair of socks; the prosecutor dropped his note in the shoemaker's shop - we then went to Mr. Burt's, and the prosecutor gave the note into his hand; I took it and gave it to him, and said "Don't drop it" - I would not have it changed in my presence - I looked round and the female was gone, he then accused me of taking it; my husband came up, and asked what I did with the money I had to buy the gown; I said they stopped me, I went and had some drink - the prosecutor said, if I remand you for a week will you give me something - I said I cannot unless I distress my home - I had nothing to do with it; he said he wished I would tell him who the other woman was; my husband was a fortnight looking for her but could not find her.
GUILTY . Aged 23. - Transported for Fourteen Years .
947. MARY TOKELEY was indicted for stealing, on the 13th of April , 6 pillow-cases, value 6s.; 8 handkerchiefs, value 7s.; 6 towels, value 6s.; 3 sheets, value 8s.; 3 table-cloths, value 15s.; 1 child's-wrapper, value 1s. 6d.; 3 shawls, value 8s.; 1 piece of lace, value 3s.; 1 petticoat, value 2s.; 2 pair of stockings, value 1s.; 2 table-covers, value 1s.; 1 shirt, value 5s.; 1 hair-comb, value 2s.; 1 nightcap, value 1s.; 3 child's flannels, value 1s. 6d.; 6lb of soap, value 3s., and 2 jars of jam, value 2s. , the goods of William Hicks .
WILLIAM HICKS . I live at Roxley, in Hertfordshire , and am a farmer . The prisoner was in my service about six months, and left on the 13th of April last - we considered her perfectly honest, but after she left we received some information, and missed a great number of things - I followed her to town on the 17th of April; I found her at No. 8, Plummer-street, City-road - she said she was robbed me, but she afterwards said she had; that she was very sorry, and she would give everything up - these articles, stated in the indictment, were found there; I can identify most of them - she said she was very glad her husband had nothing to do with it, he was innocent.
Prisoner. I hope you will be merciful.
GUILTY . Aged 28. - Confined Nine Months .
984. MARY ANN WESTON was indicted for stealing, on the 16th of April , 1 pelisse, value 30s.; 1 gown, value 10s.; 2 veils, value 10s.; 2 shawls, value 2l.; and 1 petticoat, value 1s. , the goods of Elizabeth Stevens ; and that she had been before convicted of felony.
ELIZABETH STEVENS . I live at No. 12, Frogwell-court, Charter-house-lane ; I am single , and am a straw-hat-maker . On the 16th of April, between eight and nine in the evening, I left my room to go down stairs; I returned in a few minutes, and saw some of my work on the landing - I then went into my room, and found my work all thrown about - I knocked for Sarah Price, and she went with me into an empty room next to mine; we found the prisoner sitting in a chair with some of this property in her pocket, and some in her lap; she was a stranger, and had no business there - the things were taken from my box.
JONATHAN BROWN . I am an officer. I took the prisoner and this property.
SARAH PRICE . I went into the empty room with the prosecutrix; we found the prisoner there - I took this shawl and the lace veil out of her pocket, and the other things were in her gown-tail, which was turned up round her; the room was at the top of the house.
Prisoner's Defence. I was going to take the empty room; I went there that night to compose myself; I had slept there two nights before; I was there all day on Sunday - the shawl laid in the passage, and I put it into my pocket; the other things were in the chair.
GUILTY . Aged 52. - Transported for Life .
949. EDWARD BOWMAN was indicted for stealing, on the 9th of February , 11 wooden window-sashes glazed with glass, value 10l.; 2 wooden-doors, with sashes glazed with glass, value 4l.; 12 pieces of wood, value 2l.; the property of Alling Rolls and another, and belonging to a certain house belonging to the said Alling Rolls and another: and 1 copper-boiler, value 5l., the property of the said Alling Rolls and another; and fixed to the said house ; against the Statute, &c.
MR. ADOLPHUS declined the prosecution.
NOT GUILTY .
950. EDWARD BOWMAN was again indicted for unlawfully, maliciously, and feloniously, cutting, breaking, and rooting up, 20 trees, value 5l.; 20 poplar-trees, value 5l.; 50 saplings, value 2l. 10s., and 100 shrubs, value 20l., then growing in a certain garden ; Alling Rolls and George Hale , being owners of the same.
THREE OTHER COUNTS varying the manner of laying charge.
GEORGE THOMAS. I am a subscribing witness to this lease of a piece of ground in Highbury Vale, from Samuel Henson to Edward Bowman , the prisoner, for twenty-four years, from the 21st of September, 1827, at the yearly rental of 18l.
Cross-examined by MR. CLARKSON. Q. Where did you last see this lease? A. In the prisoner's hands; not in the hands of the assignees.
WILLIAM ELLIOT . I am clerk to Mr. Taylor, a solicitor. I have a copy of a petition which I got from the Insolvent Debtor's Court; it is the petition of Edward Bowman, dated the 25th of April, 1832; here is an extract from the schedule which relates to the property given up by the petitioner, including a lease granted to him of the piece of ground in question.
FREDERICK GEORGE STURGES . This signature is my writing to this sub-assignment; all debtors execute an original assignment, and after that, this property was sub-assigned to Alling Rolls, and George Hale ; Edward Bowman is stated to be the debtor.
ALLING ROLLS. I am a watchmaker. I am the assignee named in the assignment with George Hale - I knew these premises when they were in the prisoner's possession, there were four or five hundred poplar and other trees in the garden - after the prisoner was discharged he went on the premises and continued there for a short period, he then took the adjoining premises - these premises were afterwards very much injured; not fit for any one to live in - he stated to me, that he thought if he were to go on the premises again, they would sell to better advantage, and he went on; we did not turn him out, but let him remain.
MR. ADOLPHUS declined proceeding further.
NOT GUILTY .
SARAH ASTWICK. I am the wife of Benjamin Astwick , we live at No. 23, Popham-street, Lower-road, Islington ; the prisoner and his wife lodged in our house for one month; they had one room at 3s. 6d. a week - they went away one Sunday, leaving one week's rent due - I went into their room on the Monday and missed the articles stated, which had been let to them with the room - I gave notice to the police.
CHARLES KNOTT (police-constable N 11). I received information and took the prisoner - he gave me a duplicate out of his pocket when I was going to search him; I asked him where the other duplicate was - he told me where to find it - I have known him some time, he had a good character.
Prisoner's Defence. I had been a long time out of employ, and parted with every thing, even to the shoes off my feet; I pawned these things intending to redeem them.
GUILTY . Aged 28.
Recommended to Mercy. - Confined One Month .
GEORGE WADDINGTON . I am an officer of Hatton-garden. I was in Coppice-row on the 24th of April, about a quarter past four o'clock - I met the prisoner with one of these coats on, and the other over his arm - I had seen him an hour before without them, and desired him to stop; he said the coats were his own - the prosecutor afterwards identified them.
CHARLES KINDER . One of these coats is mine, and the other is my brother's - they were taken from our counting-house in James-street, Gray's-inn-lane - the doors were shut, but might not have been locked - I saw them safe at two o'clock that day.
Prisoner's Defence. I was in Coppice-row and met John Wall with these coats, he said he was going to my place with them for me to alter; I said I would take them home and do them directly - I was going along and
GUILTY . Aged 24. - Transported for Seven Years .
GEORGE NOTT (police-sergeant, G 3). On the 13th of April, about half-past eleven o'clock, I saw the prisoner at the Duke of York, in Gloucester-street - I had suspicion from seeing a suspicious character waiting outside - I went in and saw the prisoner sitting on this property; I asked him where he got it, he said it was not his - I took him, and found this purse and 2s. 4d. on him, and this piece of fur - I found the prosecutor on the Monday after.
CHARLES WILLIAMS . I am in the service of Mr. John Walter , a pawnbroker . This property was in his shop; it was not sold - I had seen the prisoner in the shop, and a customer told me she thought he was up to no good; I had seen him in our shop a day or two before, playing with this squirrel's skin.
Prisoner's Defence. I had left my work and was going to my father's to sleep; I thought I should be too late; I went into this public-house, and the officer came in and found this property by my side - they offered to make it up for 35s.
GUILTY . Aged 17. - Transported for Seven Years .
THOMAS SEAL (police-sergeant, G 145). On the 29th of April, about seven o'clock, I was in a court in the Curtain-road with Johnson; we were watching a house which we suspected of being a receptacle for stolen goods - the two prisoners came to the house, Coxhead knocked and went in with a bundle, which I supposed to be a coat as I saw part of it - soon afterwards they came out and Ross had a basket, which they had not when they went in- we took them, and found this coat in the basket.
GEORGE AVERY (police-constable, G 175). I was watching the house, but did not see the prisoners go in - when they came out I followed them, and took Coxhead who had the basket then - I asked what he had got, he said a coat of his father's which he was going to pawn - I took them; and on the way to the station I asked Coxhead who his father was, and where he lived; he then said it was not his father's, but a man gave it him to pawn, and said he would give him a penny.
SAMUEL VARLEY . This coat is the property of my masters, Thomas Smith , and another - they are pawnbrokers - the coat was for sale in their shop; I did not miss it till the officers brought it - I know nothing of the prisoners - this receiving house is about three hundred yards from my masters.
Coxhead's Defence. I am innocent - I know nothing of this prisoner.
Ross's Defence. I was coming down Bateman-row, and Johnson came and took me - I know nothing of this lad.
COXHEAD - GUILTY . Aged 15.
ROSS - GUILTY . Aged 15.
Transported for Seven Years .
WILLIAM DAVEY . I am a dyer . The prisoner has been my carter for two years and a half; it was his duty to receive goods, to bring them to me to be dyed, and to take them home - on the 29th of April he had some goods in his cart to carry to Mr. Ridley, in Newgate-street; I sent him on an errand, looked into his cart and saw that he had a bag of worsted in it - I did not say anything to him, but let him go on with the cart, and I followed him - he stopped near Clerkenwell-church, got out, and deposited the bundle of worsted in a house there; he came out and was going into the cart again when I took him - I asked him where the bundle was; he took me to the house, and under some dirty clothes I found the bundle of worsted which had been in the cart - this is it - he had a good character before.
WILLIAM DAVEY. This is my property - he said it was his first offence, and he hoped I would forgive him.
The prisoner handed in a petition for a lenient sentence, stating this to be his first offence.
GUILTY . Aged 23. - Confined Three Months .
Recommended to mercy by the Prosecutor and Jury.
ELIZA PARKES . I am single , and live in Lower Bedford-place, Bloomsbury. On the Sunday, 12th of May, at half-past ten o'clock in the morning, I was going down Hanway-street , towards Oxford-street, on my way to church - I saw the prisoner on the opposite side of the way; he ran over as if to run against me; I thought I should prevent it by stepping forward, but he made a sudden spring at me, and I received a violent blow, I could hardly speak; as soon as I recovered myself, I saw the prisoner running from me - he was caught by a young woman who held him till I came up to him; I then saw him throw my watch from him; the glass was broken and the watch stopped - it had been suspended to my neck by a chain, which had been broken by a sudden snatch - this is the watch.
ELIZABETH PAGE . I was in Hanway-street. I saw the prisoner running, he had got a good way from the lady, and I stopped him; he had this watch in his hand, and threw it down as the lady was coming up - she picked the watch up, and I held the prisoner till the officer came and took him.
Prisoner. Have mercy upon me this time.
GUILTY .* Aged 13. - Transported for Seven Years .
JONATHAN ROSE and WILLIAM WILLIAMS were indicted for stealing, on the 18th of April , 1 watch, value 4l.; and 1 watch-chain, value 2s. the goods of Joseph Stell , from his person .
JOSEPH STELL. I live at Prestwick, four miles beyond Manchester. I came to town on the 18th of April, and about seven o'clock that evening, I was on the other side of the river; I came over the iron bridge and soon after saw Rose standing by the side of a cart; I asked him to direct me to the White Horse, Fetter-lane, where I had put up; he said he was going past Fetter-lane, and if I would wait a few minutes, he had a friend coming, and we would go together - I waited three or four minutes, the prisoner Williams came up, and we all came on together towards St. Paul's - they asked me if I had ever seen that church; I said, No; we then went on, and I treated them at two public-houses - Rose then took my right arm and we walked on some distance, I then found his right hand near my pocket; I felt in my pocket, but I had not lost any thing - I shortly afterwards felt my watch drawn from me; I seized Rose by the breast and charged him with taking it; he began to strike me, and struck me many severe blows in the face; I had two very black eyes; I still held him and called for assistance; the officer came and took him - Williams was on his right hand and he made his escape with the watch, which was afterwards found in his possession.
Cross-examined by MR. PHILLIPS. Q.Had you ever been in town before? A. No; I did not ask any one to go to the play that night - I cannot swear I had not been in three public-houses; I was in one after I left the prisoners; I can't tell how many I had been into in the day; I had had two pennyworths of gin at two vaults before I met them - I had some rum and water after I met them; I don't know whether I went to the George and Dragon; I don't know the signs - I remember a pretty landlady, but I did not try to be intimate with her, nor take any liberties with her, no further than speaking to her - I don't remember her husband threatening me if I did not leave her alone - I was not refused half a pint of rum that night to my knowledge; I called for no liquor but what I paid for, and what I called for they brought in; I don't remember asking Mrs. Barton for any money, nor dancing in the street - I was sober, but I don't know how much I had paid for liquor that day; I drank three or four glasses of gin and water in the length of the evening; I think not more than four, but I will swear not more than five - I treated the prisoners for them to direct me in my way, I had told Williams where I lodged, but upon my oath I did not give him my watch.
THOMAS WARNE . I am a boot and shoe maker, and lodged in Upper King-street, Bloomsbury. I saw the prosecutor on the night in question, and Rose was hitting him in the face, he gave him two black eyes, the officer came up and took him.
CHARLES SIMONS . I am a parish watchman. On the night of the 18th of April I was on duty in Fetter-lane, and saw Williams talking to the waiter at the White Horse; the waiter gave me a wink to stop; Williams offered him this watch, and the waiter would not have it; he then offered it to me, and said he had been with a companion, and they met with a countryman, and had shown him the way; that he went to the Bell, in Holborn, where he wanted to speak to a female, but he had persuaded him not - that he had given him his watch to take care of, but that going under a gateway he had lost him and his companion - I said, "You must be a very honest man, and no doubt the gentleman will reward you."
Cross-examined. Q. Did you not hear him ask if the gentleman lodged there? A. Yes; he might have gone off with it.
Rose's Defence. The prosecutor charged me with robbing him of his watch; he seized me by the handkerchief and almost choaked me, and he would if I had not stood in my own defence.
William's Defence. I solemnly declare I am innocent; when the prosecutor and us came out of the Queen's Head, he took hold of a young woman and asked her to go to the play, and he gave me the watch, telling me to mind it for him - the young woman got from him and we went on to Museum-street, where I stopped - I lost the prosecutor and my fellow-prisoner - I then went to the play-house, but could not find them; I went into a public-house to have a pint of porter; I fell asleep and when I awoke I hastened to the White Horse, where the prosecutor said he lodged - I asked the waiter if a gentleman from the country lodged there; he said, yes; I said I had a watch of his, which I wished to deliver up, but he would not take it; I was coming out, and two policemen were at the door, who said I had better take it to the station, which I did.
WILLIAM HENRY BARTON . I keep the Pewter-Platter, in public-house, Charles-street. I remember the prosecutor being at my house, about nine o'clock on that night; he was very much intoxicated, and was disgusting to every body in the tap-room; he sat down and called for half a pint of rum; I told him I would not draw him any liquor, but to go and get sober where he got drunk - I went into my parlour, and when I came out he was standing at my bar quite in the way; I pushed him on one side and told my wife I wanted 2l. 2s. for the Sick Society, which was in my parlour - the prosecutor pulled out a 5l. note, and said he could lend me 2l. - I said I did not want him nor his money; he then went away with the prisoners.
COURT. Q.Were the two prisoners with him? A. Yes.
JURY. Q. Do you know the prisoners? A. Yes, for months, as coming to take their porter, they are journeymen painters.
HENRY DAVIES . I keep the George and Dragon, in Leather-lane. I saw the prosecutor the next morning; when I heard the two prisoners were in custody, and, as I knew them I went to see them - I saw the prosecutor in the yard; I asked him if he was the man who had insulted
ELIZABETH DAVIES . I am the wife of Henry Davies . The prosecutor came into our house that night, between eight and nine; he was exceedingly drunk, and took a great fancy to me, and I told my husband of it.
NOT GUILTY .
958. BENJAMIN HIGGINS was indicted for stealing, on the 9th of May , 2 milk pails, value 10s.; 11 quarts of milk, value 2s. 9d.; 2 cans, value 5s.; 3 measures, value 2s.; and 3 swimmers, value 6d. the property of Joseph Miller ; and that he had been before convicted of felony.
JOSEPH MILLER . I am a milkman . On the 9th of May I was out with my milk and two pails, and two cans hanging on them; they contained eleven quarts of milk; I left them at the corner of Montague-place , while I went to put a can down a gentleman's area; I returned in two or three minutes, and the pails and milk were gone - I found the pails the next day.
MARY ANN CHAPMAN . I am a milkwoman, and live in West's-place, John's-road. The prisoner brought these pails and cans to me to buy; I did not know him, but he said he was a milkman, and was going to give up the business - I said I could not buy them till my husband came home; I told him to come at six o'clock, and my husband then had him taken.
JOHN RODERICK (Police-constable S 130). I produce a certificate from Mr. Clark's office, of the conviction of the prisoner by the name of Benjamin Webb - I was the officer in the case; I know the prisoner is the man.
Prisoner's Defence. I was going up Long Acre, and met a person who asked me to buy them; he wanted five shillings for them, which I gave him, thinking I might get a shilling by them.
GUILTY . Aged 27. - Transported for Seven Years .
WILLIAM BROWN . I am a widower , and am by trade a sawyer . I fell in with the prisoner on the 5th of May, in Broad-street, St. Giles's - I had walked from Reading the night before; I met with her about eleven o'clock in the morning; she asked me where I was going, I said to find a place to lay down on, as I had been walking all night - she was a stranger to me; she showed me into a place where she said she had a nice clean bed; I gave her 1s. 6d. and laid down on the bed, and she by my side - I fell asleep and slept for two hours and a half, when I awoke she had locked me in - I had had my money in my waistcoat pocket; there was 10d. in copper in the outside pocket, and a sovereign and a half in the inside pocket - I found her hand in my pocket when I awoke, and asked her what she wanted; she said some half pence to get some tea; I said that was no object, and I gave her a few; she then went out and locked me in - I remained three quarters of an hour, she then returned, and asked if I was going - I had missed a sovereign and a half sovereign, I said nothing to her about it, but went out and found the officer; he went with me, and took her to the station - my sovereign and a half had been in a piece of paper, which I know very well.
Prisoner's Defence. He spoke to two females and he left them and came to me; he said he had been out all night and would give any thing to go to bed - I took him up stairs and asked what he was going to give me, he said a shilling, I said it was a very small compliment, he then gave me another sixpence, and I wrapped the money in this paper, which I found in the fire place, and put it in my bosom; he staid there till two o'clock, and then asked me to have something to drink; I came out with him to have it, we saw the policeman on the opposite side, the prosecutor called him, and said he had been robbed; the policeman asked me what I had in my hand, I opened my hand and gave him the paper which had had the 1s. 6d. in it, but which I had then taken out and put with 3s. which I had saved for my landlord - I was then taken into a room and stripped, but nothing was found on me - the prosecutor said he had been drinking the whole of the night before, and he was very much intoxicated, he stated that before the magistrate - I am an unfortunate girl, and cannot have a character, but I am perfectly innocent of the charge for which I am brought here.
WILLIAM BROWN . I left London last Sunday three weeks, I staid one week in the country, and then walked to town; I started at eleven or twelve in the day, I walked on all night, and as to drink, I had no more than two half-pints of beer, and one glass of gin - I know I had my money safe as I was going up the stairs, a few minutes before I got on the bed.
GUILTY . Aged 36. - Transported for Fourteen Years .
Third London Jury, before Mr. Common Sergeant.
THOMAS LONG . I live in Ely-court, Holborn, and am a watchman. On the night of the 8th of May, I was in Holborn , and saw the prisoner following the prosecutor; there were others with the prisoner - I saw the prisoner pick the prosecutor's pocket of his handkerchief; I took him, he dropped the handkerchief, and I took it and him to the watch-house.
Prisoner. He stated that there was a person with me who ran away. Witness. There was a person with him, but the prisoner picked the pocket - I caught him with it in his hand.
Prisoner's Defence. The other person took it, and threw it down.
GUILTY * Aged 19. - Transported for Seven Years .
THOMAS BATES was indicted for stealing, on the 20th of April , 1 handkerchief, value 2s., the property of William Toy , from his person .
JOHN STANNARD . I live in Whitecross-street, and am a carver and gilder. On Saturday, the 20th of April, I was Holborn and saw Mr. Toy there; he took hold of the prisoner, who asked him to let him go - I saw the prisoner drop the handkerchief; Mr. Toy told me to get an officer.
Prisoner. The handkerchief was a yard from me. Witness. No; I saw it drop from behind your coat.
WILLIAM TOY . I am a carpet-manufacturer , and live at the Cross-keys, Theobald's-road. I was walking along and felt something kick my heel, I felt and missed my handkerchief; I turned and saw the prisoner - I took him by the collar and charged him with having my handkerchief; he denied it, and begged to be taken into a public-house - I took him towards one, and in going along I kept my eye on him, and saw my handkerchief fall from him.
Prisoner. If you saw it in my hand why did you not take it? Witness. I saw it drop from your side; I suppose it fell from between your coat and waistcoat.
GUILTY .* Aged 20. - Transported for Fourteen Years .
The prosecutor did not appear .
GEORGE DAVID DOUDNEY . On the 25th of April, I was in our shop, No. 49, Lombard-street , my attention was called to a pair of trousers which had been laying on the floor; I then missed another pair; I ran up Ball-alley, which leads into George-yard; I there saw the prisoner running; I pursued and took him in Finch-lane with these trousers; they belong to Edward Philip Doudney and another.
Prisoner. I showed him the man who had thrown them into a passage and ran away. Witness. You had them folded up in a black apron in front of you; you said "I am not the man" - I saw you in George-yard, you crossed Cornhill and run into Finch-lane; you did not tell me anything of a man, till about three minutes after I had taken you.
Prisoner's Defence. I was walking up Cornhill and saw a man throw something into a passage; I went to see what it was and saw these trousers; I took them up - I was not near their shop.
GUILTY . Aged 23. - Confined Three months .
GEORGE SMITH . I live in Aldersgate-street. On the 3rd of May, between eight and nine o'clock, I was at the corner of Falcon-square - I felt a tug at my pocket, turned, and saw the prisoner walking up Falcon-square with something in his hand similar to a handkerchief; I felt and missed my handkerchief, and ran after the prisoner - I took him, and he dropped my handkerchief; I took it up and gave him into custody.
Prisoner. I did not have it.
GUILTY . Aged 17. - Confined One Month .
HENRY BARTLETT . I am a watchman, and live in Red Lion-alley, Cow-cross. A little after six o'clock in the evening of the 9th of May, I saw the prisoner Burke near the Wheatsheaf public-house - he then went into the house and robbed the prosecutor of his handkerchief; he brought it out and gave it to Carty, who took it and put it into his right-hand pocket - I seized him with it, and another watchman took Burke - this is the handkerchief.
Burke's Defence. I was coming out of the public-house and saw this handkerchief; Carty picked it up at the step of the door.
Carty's Defence. I was returning from Mr. Willets, where I had been in search of work; I saw the handkerchief on the step and picked it up and put it in my pocket.
Mary Cannon, of Bear-alley, gave the prisoner Carty a good character.
BURKE - GUILTY . Aged 11.
Confined for Six Months .
CARTY - GUILTY .* Aged 19.
Transported for Fourteen Years .
JAMES RATES (City police-constable, No. 44). On the afternoon of the 9th of May, I saw the prisoner with another person in Cheapside - I saw a gentleman go into a passage which leads from King-street to Ironmonger-lane - I saw the prisoner pick his pocket of his handkerchief, and put it into the flap of his trousers - I took the prisoner to the Compter - I don't know the gentleman's name - this is the handkerchief.
Prisoner. You said there were two other persons with me. Witness. Yes, there were, but you picked the pocket - I did not say that I could not swear that you took it, but I would try to give you three months.
Prisoner's Defence. I was passing down the court, and saw the handkerchief on the ground: I took it up and put it into my pocket which had a hole in it, and it got into my trousers.
GUILTY . Aged 17. - Transported for Seven Years .
Thomas Hall . NOT GUILTY.
The prosecutor did not appear .
The prosecutor did not appear .
RICHARD JACKSON . On the 27th of April I was crossing London-bridge, I felt something touch me, I turned and seized Allen; at that instant he had his hand behind him, and I saw Rice take the handkerchief from him - I took Rice, and took my handkerchief from him.
Allen. Q. Did you see me take it out of your pocket? A. No, but I saw you passing it; I had you taken by a gentleman.
Rice's Defence written. I had occasion to cross London-bridge on the 27th of April, on my way to Hoxton. I was going after a small trifle of money that was owing to me, when, on the City side, a man passed me in a hurry, dressed in a fustian suit; I at that moment felt something fall on my foot, I looked down and saw it was a handkerchief; I was in the act of picking it up, when a young man directly accused me and another young man, who is an entire stranger to me, with having robbed him.
Allen's Defence. There was a mob of people - he could not see me take it - I had my hands in my pockets.
ALLEN - GUILTY .* Aged 19.
RICE - GUILTY . Aged 24.
Transported for Seven Years .
JOHN MARSHALL. I live in Corbet's-court, Grace-church-street, and am a drysalter . On the evening of the 18th of April I was in Clements-lane - I heard a call - I missed my handkerchief; I saw the prisoner detained; I came back, and my handkerchief was delivered to me - I had had it shortly before in my pocket.
WILLIAM SMITH . I live at No. 20, Clements-lane. On the 18th of April I was putting some chests into a waggon - I saw the persons following the prosecutor; another person took his handkerchief, and gave it to the prisoner; I seized the prisoner, and found the handkerchief on him; I gave it to the prosecutor.
The prisoner put in a written defence, stating that as he passed the prosecutor, whose handkerchief was hanging out of his pocket, he was tempted to take it, being in distressed circumstances.
GUILTY . Aged 19. - Transported for Fourteen Years .
WILLIAM SWEETING. I am a linen-draper , and live in Fore-street, Cripplegate ; I have no partner. On the afternoon of the 17th of April I heard a noise at my shopwindow; I ran out and called "Stop thief" - I saw the prisoner, and directly he heard me call "Stop thief" he ran and dropped this piece of handkerchiefs; they are my property and worth 30s., and had been in my shop a few minutes before - they could not be taken without cutting or breaking the window - when I returned I found a piece of the glass out of the window, and it laid inside - the handkerchiefs had been against the frame of the window, not against the glass, but within reach of a person who could introduce his hand - I had seen the window sound, and the handkerchiefs secure, a few minutes before.
Cross-examined by MR. PHILLIPS. Q. Was your shopdoor open? A. Yes, certainly; any one could have gone in there.
COURT. Q. When they had entered the street-door, would there be any door to open to get into the shop? A. No, there is a small lobby.
JOHN YATES . I am servant to the prosecutor; he called my attention to the shop-window, I ran out and saw the prisoner; he heard my master call, he turned round, saw me, and dopped the handkerchiefs; he was secured by a gentleman when he got to Philip-lane, about three hundred yards from my master's.
Cross-examined. Q. How old are you? A. I shall be fourteen in November; I know it is a wrong thing to tell a lie - my master told me if the judge should ask me where I should go to if I told a lie, I was to say, I should go to the naughty place - he told me the prisoner would be tried for his life - the person who was running had his back towards me, and the handkerchiefs were thrown on the ground - I had seen three boys in the street within half an hour; I did not know them, the prisoner was not one of them, I did not see him; the three boys had been looking in at the window - the prisoner said he was the wrong boy, it was not him who took them.
COURT. Q. Are you sure he dropped the handkerchiefs? A. Yes; he turned his face and dropped them; he was stopped in about five minutes afterwards - I lost sight of him as he turned the corner, but I am certain of his person; he dropped the handkerchiefs a few yards before he turned the corner; it was half-past five o'clock, and good day-light - these are the handkerchiefs.
MR. PHILLIPS. Q.Have you a mark on them? A. Yes, the private mark, it is on these, we never sell them with that mark on them.
MR. SWEETING re-examined. Q. Was any thing found
JURY. Q.How soon after you heard the noise of the window, did you get sight of the prisoner? A.About half a minute; he was four or five doors off; I had seen the prisoner before, about the house; I heard the window crack by drawing the handkerchiefs out.
Prisoner's Defence. I was going in search of a situation; the handkerchiefs were thrown on my shoulder by three lads who passed me; I thought they were stolen and threw them off, when I heard a cry of stop thief.
GUILTY, of stealing only . Aged 18. - Recommended to mercy by the Jury. - Confined Three Months .
OLD COURT. Saturday, May 18th.
THOMAS BRITTEN . The prisoner was my housemaid , and had been so about a year and a half - my house is in the Globe-end-road, St. John's-wood - Miss Ackers was on a visit at our house, and mentioned her loss to me; enquiry was made about them; suspicion did not fall on the prisoner till some time afterwards; I then spoke to her about it, I said I understood she had got some Bank notes; she said she had received notes to the value of 10l. from the country the day before - this was on the last day of April - I waited to see the postman, and found no letter had been delivered - I then asked her to show me the notes, she refused - I called in a policeman, and in the first box opened, was a reticule containing two 5l. notes - I knew it to be her box, she went with myself and the officer, and unlocked her box herself.
CHARLOTTE AUGUSTA ACKERS . I am the daughter of the last witness. In February last I received two 5l. notes from my father while I was visiting at Mr. Britten's - I put the notes into my glove, and when I got home, I missed them - I had left my glove on my dressing-table in the bed-room; I had gone out early in the morning and returned in the evening; it was about the 16th of February - I should not know the notes again; I did not mark them.
Cross-examined by MR. WALESBY. Q.Where did you receive the notes from your father? A. In Spode and Copeland's shop - I don't remember whether I saw them after I got into the house; I was in one or two hackney-coaches before I got home, and cannot say whether I lost them before I got home - I put them into my glove at Spode and Copeland's, and did not take my glove off after that till I got home - it was a short glove; I put the notes inside it - when I took the glove off, I left it on the dressingtable; I don't remember anything further about it - I am sure I did not take my glove off at all while I was out.
JOHN TAYLOR . I am a policeman. On the 1st of May, I was called into the house of Mr. Britten; I saw the prisoner; she was suspected of having taken two 5l. notes - she said she would go up stairs with me to search her box; I went up with her - she unlocked the box, and immediately thrust her hand into it; I put my hand in also, and took from her hand this black bag, with the two 5l. notes in it - I asked her who the notes belonged to, she said they were her own.
Cross-examined. Q. She did not object to go up to have her box searched? A. No, she unlocked it herself.
JURY. Q.When she put her hand into the box, had she anything in her hand? No, she thrust her hand into the bottom of the box; I put my hand in, and found her hand in the bag; I took out of it the two notes.
SAMUEL HOARE , ESQ., JUN. I am a partner in the firm of Barnett, Hoare, and Co. I paid a cheque of Dennis's on the 16th of February, of 150l.; it was the only cheque of that amount paid that day - I gave for it ten 5l. notes; among them was No. 18470, 24th December, 1832, and 18491, dated 29th December, 1832; these notes produced are of those numbers.
Prisoner's Defence. Respecting the notes, it is very painful to me to say I received them from a gentleman I am in the habit of receiving money from.
GUILTY . Aged 26. - Transported for Life .
There were two more indictments against the prisoner.
Before Mr. Justice Littledale.
973. WILLIAM COOPER was indicted for feloniously assaulting James Ashley , on the 10th of May , putting him in fear, and taking from his person, and against his will, 1 watch, value 48s.; and 1 watch-key, value 6d. , his goods.
JAMES ASHLEY. I am clerk to a solicitor, and live in Gray's-inn-lane. On the morning of the 10th of May, between one and two o'clock, I was returning home, and going along Holborn, facing Warwick-court , the prisoner was a few paces in advance of me, coming in a contrary direction - and as soon as he got close to me he gave me a violent blow on my nose and knocked me down; my watch was then in my right-hand waistcoat pocket, and when the blow was given, I felt a hand snatch it out - I consider that it was at the same time as the blow was given - I felt the hand in my waistcoat-pocket when the blow was given; he pulled out the inside of the lining of my pocket with the watch, part of the way - it was the prisoner's hand that took the watch; he only gave me one blow - he immediately ran up facing Warwick-court, and as soon as I recovered myself, I jumped up and pursued him - I met him returning down the court again, there being no thoroughfare at that hour - I seized hold of him, and gave him in charge of Curtis a policeman - I called the policeman twice before he came, and I told the prisoner he had got my watch, and I would never leave go of him till I had it back again - he said he had not got it - I saw it next morning at Hatton-garden before the magistrate - I saw no one besides the prisoner at the time of the transaction; a witness afterwards came up, a young man named
Cross-examined by MR. PHILLIPS. Q. Is there not a gate in Warwick-court, and a man to open it? A. Yes, but the man happened to be asleep, for he knew nothing of the transaction when he was asked - I did not see him there - I did not call myself an attorney at the police-office - I said I lived with a gentleman in New-inn; what I stated was read over to me, and I signed it, but it was not read that I was an attorney - when I seized hold of the prisoner he was returning down Warwick-court, and was about the centre of it; the gate is not at the bottom, but forty or fifty yards from Holborn - I should think he was about the centre, and on the shady side of the court, where the lamp does not reflect - there was nobody but me and the prisoner in the court at that time; I met him running - I had spent the evening at a friend's house, and was returning home - I had been at Mr. Harris's public-house, in Houghton-street, Clare-market; I went with a friend, Mr Hawkins; we paid about one shilling for what we had, I will swear eighteen-pence would cover the expenses; we were there two or three hours, but did not sit down at all, we stood talking at the bar all the time - I had not spoken to a female that night, nor been in company with any - I am not in the habit of putting my watch in my pocket, but seeing the prisoner a few paces before me, it struck me his character did not look so well as I could wish, and I put it into my waistcoat pocket as the quickest way to put it away; I had not time to return it to my fob, he was so close to me.
Q. What was there in his appearance which indicated that his character was bad? A. I thought he was coming too close to me, and facing me too much; he might have passed a little further off - a number of persons collected after the circumstance occurred; I had hold of him at that time - I was in my senses although I had drank a little; no female accosted me.
HENRY CURTIS . I am a policeman. I was in Holborn a little before one o'clock, on the morning of the 10th of May. I turned into Chancery-lane without seeing any body - in about five minutes I returned, and came into Holborn again; I looked towards Warwick-court, and saw three persons together; two or three different people ran, and I ran after them to see what was the matter - I ran over, and Cooper was given into my charge by the prosecutor, for robbing him of his watch; this was a few yards up Warwick-court, I took him in charge - nothing was said to induce him to confess in my hearing; he said something about a woman running up the court and taking the watch, he said the woman had taken the watch; I looked round, and could see no woman in Warwick-court, but several females came up from Holborn, and some men; I took him to the Station-house, and there he acknowledged to me that he had pushed the prosecutor into the kennel - Ashley had been drinking, he walked along behind us very steadily, and did not appear to be drunk; he could walk very steady, he was agitated in mind; the prisoner appeared rather agitated, whether he had been drinking I cannot say.
Cross-examined. Q. You could perceive that the prosecutor had been drinking? A. Yes; I searched the prisoner at the office, and found three keys on him which were delivered up to his employer; they were keys of chambers - he had a few pence in his pocket; he had been seized by the prosecutor when I came up; whether he meant that he had pushed the prosecutor into the kennel before he was seized or afterwards I don't know - I don't recollect ever seeing the prisoner before; I did not know him before,
ROBERT BENHAM . I am a policeman. On the morning of the 10th of May, at half-past three o'clock, I found a watch down in the area of No. 11, Warwick-court, Holborn; it was down at the bottom of the area - the glass was broken, I took it to the station-house, and then to Hatton-garden; the prosecutor identified it, and I have had it in my possession ever since.
Cross-examined. Q. On which side of the gate was the watch? A. On the Holborn side; I found it after the prisoner had been taken into custody.
EDWARD BLOWERS . I am a ladies boot and shoemaker, and live in Bishop-court, Chancery-lane. I was in Holborn on the morning of the 10th of May, about one o'clock, and just facing Chancery-lane, I saw Mr. Ashley knocked down by a man who ran up the court facing Chancery-lane, I don't know the name of it; I followed the prisoner when Ashley got up - he ran up the court, and I ran up after him, and when he got to the top, Mr. Ashley collared him and brought him down the court - I did not lose sight of him after I got into the court; I was not at the end of the court when he was, so I lost sight of him there, but after getting into the court, I did not lose sight of him, only when he crossed the pavement to go into the court - the prisoner is the man Ashley collared; when I recovered sight of the person, he was running up the court as fast as he could - I followed him to the station-house, I am certain he is the man I saw Ashley collar - I was on the same side of Holborn as Ashley was knocked down on - there was nobody in the court besides him and Ashley when he ran up.
Cross-examined. Q. Where had you been? A. I was returning from my mother and brothers; I had drank part of a pot or two of beer, but very little - I was on the same side as the man was knocked down, not on the Chancery-lane side, it happened facing the court - Ashley ran up the court before me, I saw him seize the prisoner, who was running as fast as he could; when Ashley seized the prisoner, he was on his return, coming down the court; his back was to me when he ran up the court, but he was seized when he was just returning down the court again, a few yards from the gate, a good deal nearer to the gate than to Holborn; I had been out altogether about four hours; we had had about three pints of beer between us, not at a public-house but at my mother's -
MR. PHILLIPS to HENRY CURTIS . Q. You say you did not know the prisoner before - on your oath, have not you said you had seen him frequently before in bad company? A. No, I did not, nor any thing to that effect; a person said he kept bad company; I never said I had frequently seen him, and was sorry to say, not in good company, nor any thing to that effect - I swear that deliberately.
Q. Did you ever say you had seen him in bad company? A. If I said that in Holborn, there was several came up; I don't recollect ever saying I had seen him in bad company; I believe I never did, if I said so it was not the truth - I never said if I combed London all round I could not have found a worse company than he was in; nor any thing like it, either to Mr. Cox or Mr. Groom - I am one of the policemen who took the keys to Mr. Parker's chambers; the other policeman, E 116, was with me; he did not use that expression in my hearing.
MR. PHILLIPS. Q. Did you ever state to any body that if you had combed London all round, you could not have seen him in worse company than he was in? A. I did not.
Prisoner's Defence. I met the gentleman very tipsy indeed, he accused me of stealing his watch - he was with a woman of ill fame at the time, at the corner of Warwick-court, and while I was persuading him to go home, two other persons, who were there before me, said, "My good man, you had better go home;" the woman was still with him, and apparently to me pulling him about, his waistcoat was unbuttoned - I thought he seemed a very decent young man, and while I was persuading him to go home, the woman ran up Warwick-court as hard as she could run, and directly after that he accused me of stealing his watch; he struck me and held me by the collar - I did not like that, and laid hold of him; being very much intoxicated he fell down in the gutter - I said, I would go up the court to look for the woman who had got his watch, as she could not get out of the gate - I went and met two persons coming down the court, I could not secure them, and as I passed, the prosecutor collared me.
CHARLES GROOM . I am a member of Lincoln's-inn, and a student-at-law. I live at 3, Raymond's-buildings, where the policeman came to deliver the keys to Mr. Parker; the prisoner has been my servant about two months - I received a very good character with him, which he sustained - Curtis the policeman delivered the keys up to me; I expressed my surprise to him that Cooper should be so accused, upon which the policeman said,"Oh, Sir, we suspect him, we have seen him several times, in not good company." I don't mean to give his exact words, but it was to that effect.
COURT. Q.Was the other policeman with him? A. Yes; Mr. Parker's chambers are in the same building as mine; the prisoner had Mr. Parker's keys and mine - he slept on the basement story of the house with his wife; Warwick-court was in his way home - I believe the iron gate is shut at nine o'clock; the prisoner must have known it was no thoroughfare.
JOHN COX . I have chambers of Mr. Parker in Raymond-buildings - I have known the prisoner for two months, he bore a good character - I was at the chambers when the two policemen came to deliver up the keys, one of them said something - I have a slight scruple on my mind, but am nearly positive that it was Curtis - they were both abreast at the time, they came to deliver the keys, to me thinking they belonged to Mr. Parker - I expressed my surprise at the charge, and said I could not believe it, he was a man of such good character, and I had heard recommendations of him; he gave a very significant shake or shrug, as if to say, you don't know the man as well as I do - I again said, "I will not believe it," and then he said, "He was in rough company enough last night, a comb could not have combed London for worse, if I could have combed all London for it." I am quite certain of the expression.
JURY. Q. Was that in allusion to the night the prisoner was taken up? A. Yes - I am a clerk to Mr. Parker.
JURY to EDWARD BLOWERS . Q. Did you see the prosecutor distinctly before he was knocked down? A. Yes, there was no person in company with him nor near him, I am quite confident the person ran up the court after knocking him down - I lost sight of him because I did not get into the court so soon as him; I had a distinct view of him before he entered the court, and had him in sight after he went up the court; I cannot be certain that I recovered sight of the same person, because I lost sight of him as he turned into the court - I cannot be certain the prisoner is the man who knocked the prosecutor down, but am confident he is the man I saw running up the court; I saw nobody else in the court till we got down, and then I met two decent looking men - I believe they entered the court after we did.
COURT. Q.Before the prosecutor was knocked down, was he talking to a female for some time? A. No, I am confident there was no female near him - I had not observed him above an instant, before he was knocked down.
JURY. Q. Did the two men follow the prisoner and prosecutor into the court or not? A. When we were coming down the court, the prosecutor and prisoner were kicking up a bother, and I think that made the gentlemen come into the court; they came into the court when we were coming down it with the prisoner - I am confident that before the prisoner was seized he was running up the court as hard as he could, and the prosecutor after him - I had seen the man knock the prosecutor down, and directly run up the court - I could not tell whether they had been conversing together.
COURT. Q. Did you see them meet? A. I was not taking notice of them until I saw one knock the other down; I cannot be certain that it was the prisoner.
NOT GUILTY .
1833, March 30th. £5 5. C. Boodle.
2ND COUNT. For feloniously uttering, disposing, and putting off a like forged receipt for money, with a like intent, well knowing it to be forged.
SEVEN OTHER COUNTS. Varying the manner of stating the charge.
MR. LEE conducted the prosecution.
THOMAS JUTSUM . I have come out of the prison. On the 30th of March, I was barman to Mr. Clarke, a publican of Battle-bridge; I had previous to that deposited sums of money in the Provident Institution, St. Martin's-lane - I saw the prisoner on the 30th of March, and asked him to put 5l. into the Savings'-bank for me; I gave him five sovereigns and my deposit book, and told him to tell the clerk at the bank to put the amount of interest at the bottom of the book; (looking at a book) that is the book I gave the prisoner; here is 62l. 13s. added up, neither of the sums after that amount were in the book when I gave it to the prisoner; "£5, and £2 0 0 1/2. C. Boodle, 175," have been added since; it was not there when I gave it to the prisoner - I saw him again in the evening of the 30th, between five and six o'clock; I had no conversation with him about the money that night - I asked him for the book, he said he had left it at home, and would bring it, down to me in the morning; but I did not see him again till Monday night, between ten and eleven o'clock, the 1st of April, he called for a glass of ginger-beer, which I served him with - I asked him for the book, and he gave it to me; he said nothing - I put it into my pocket being busy, without looking at it - I went to bed about half-an-hour afterwards, and then I looked at the book - it had been in my pocket from the time I received it from him; I then saw this entry of "£5, and C. Boodle, £2 0 0 1/2," at the bottom - I applied to the Provident Institution on the 20th of April, to take out all my money - I saw Mr. Morton, and showed him the book; Mr. Morton then made these figures 175 in it then; this was on a Saturday- it requires a week's notice to get the money - I applied again on the 27th of April, to receive my money, and saw a gentleman named Arnott, and produced the book to him; and in consequence of something which was said, I went with the book to Mr. Boodle at his seat in the office- in consequence of some communication I made to him, the prisoner was taken into custody.
Cross-examined by MR. DOANE. Q.Were you not in the habit of lending the prisoner money? A. I never lent him any in my life - I could not get out to take this money myself, and got him to do it - I am certain I saw this entry the first time I opened the book after he returned it to me.
Q. I believe your master accuses you of stealing this money? A. He has done so, and the Grand Jury have found a true bill against me; I am now in custody on that charge.
MR. LEE. Q. Is not your master's charge for embezzling half-a-crown? A. It is.
COURT. Q.When Mr. Boodle pointed out the forgery to you, did he ask if you had given the book to anybody to bring to the institution for you? A. Yes, I said to no one but who had brought it to the bank.
Q. Did not you say, "No, I have not?" A. I said so, but I said to no one but what had brought it to the bank - he put the question to me two or three times, and told me to be careful how I answered - he asked if I had trusted the book to anybody, and I said no; I said I had not given it to any person but who brought it to the bank; and he said, did I know the person.
WILLIAM MORTON . I am one of the clerks in the Provident Institution. It is a rule for people to give a week's notice before they can take money - by the books it appears that the last witness deposited several sums in our bank - I remember his applying to me on the 20th of April; he produced this book, and I marked it 175, which is the folio of the notice book, where all the sums to be drawn out are entered - I produce the notice which he signed to withdraw the money - I took down the amount as being 67l. 8s., which included the last entry of 5l. - I told him to apply that day week - the amount, when I had the book, was 67l. 8s., but a witness can explain a difference in it.
CHARLES ARNOTT . I am ledger clerk in the Provident Institution. On the 27th of April, I recollect the prosecutor applying to me for payment of his money - it is part of my duty to compare the amounts in the ledger with the pass-book - this is the book produced by Jutsum; the entry 5l., and 2l. 0s. 0 1/2d., were there when he produced it- in consequence of suspicion, I sent Jutsum to Mr. Boodle's desk - the notice for 67l. 8s., arises from the amount of interest not being entered on the 9th of February, when 10l. had been paid in - the entry of 2l. 0s. 0 1/2d., is an irregular entry, it is incorrect whoever made it.
EDWARD BOODLE, ESQ. I am auditor of the accounts of the Provident Institution, and am a barrister. The prosecutor was brought to my part of the office on the 27th of April, by Mr. Arnott - It is my duty when deposits are made, to enter them in a book of my own, and sign my name to the deposit-book - this signature to the 5l. entry is not in my hand-writing - this is a pass-book; the entry 5l., purports that 5l. was paid in by Jutsum, on the 10th of March; it purports to be a receipt by me on account of the institution, of 5l., from him, which, if correct, we should have paid on application - here is "30th March, 1833, 5l." - that is not in the hand-writing of anybody authorised to make the entry - the signatures before that are in my hand-writing, but not the amounts - the Duke of Somerset's name is Edward Adolphus Seymour - in consequence of some communication which took place on this occasion, Samuel Stevens was directed to take the prisoner into custody - I know the Duke of Somerset has acted as trustee to the institution constantly, and there are five others.
Cross-examined. Q. Is it the last signature in the book which you say is not yours? A. Yes, all the other signatures are mine; nobody is authorised to sign my name - the managers attend at the office, but then they attest payments by their own signatures.
COURT. Q. When Jutsum was brought to you, did you
Cross-examined. Q. How many persons are in the establishment? A. Seven; I can swear to all their hand writings.
SAMUEL STEVENS . I am a Bow-street officer. In consequence of information which I received, I took the prisoner into custody on the 29th of April at Battle-bridge - I told him Mr. Clarke's young man had got himself into trouble, and that he had brought his name in question; I said he must go before a magistrate and account for it; he seemed confused, and his father asked him if he was going on business - he said, "Yes, it is bad business."
Q. Did you tell him how his name was brought in question? A. I said it was with respect to 5l. - his father asked what it was about, and asked him, and he said it was respecting the 5l. he had of Mr. Clarke's young man - his father said, "If that is all I think we can make it right" - I don't think he made any reply - I then took him into custody - I cautioned him not to say anything, if he did I should take notice of it - before I brought him out of the house; but on the way to the office he said, "I see what this business is, it is a forgery" - I said, yes, you have acted very foolishly indeed, and if you had spoken to the young man about the circumstance I think it would not have come to this - he said he had met Jutsum several times but never had fortitude enough to tell him the circumstance, or otherwise he thought it would have been better - I searched him, and found a piece of writing-paper on him, which he said was his hand-writing, but afterwards denied it.
Cross-examined. Q. Are you quite sure what he said was not "If it is a forgery it will be a bad job for Jutsum?" A. No, he did not, nor anything to that effect.
JURY. Q. You say you mentioned to him something about 5l., and he afterwards said, it was about 5l. of Clarke's young man which got him into trouble - did anything occur between those two statements to give him any knowledge that was the 5l. referred to? A. No, he appeared to be aware of it.
COURT. Q. Did you tell him Clarke's young man had got into trouble about 5l.? A. I said Clarke's young man had got into trouble, and his name was brought in question, and he must account for it before the magistrate - he asked me what it was about; I said, respecting 5l. - he told his father it was about 5l. which he had had from Clarke's young man - he said nothing about the money being lent to him.
MORRIS VINE . I am clerk to the magistrates at Bow-street. I recollect the prisoner being brought before the magistrate on this charge - he made a statement which was reduced to writing; it was read over to him; he did not sign it - I took it myself; this is it, it has Mr. Minshull's, the magistrate's, signature - here is a second statement which was signed by the magistrate, and read over to the prisoner. (read.)
"The prisoner says, the first witness cannot be relied on; he has left his situation for taking the money from the till, and he says he gave me five sovereigns at one time which was not true; I had one sovereign full a week before I had the other four. I did not tell the policeman the paper found on me was my writing." - (2nd May) "The prisoner says, I acknowledge having received the money, but I defy any man in existence to prove the writing in the book is my hand-writing."
Prisoner's Defence. I beg to say I deny ever having the book in question in my possession - I have been in the habit of borrowing money of Jutsum; the first was 5s., the next 1l., and the last 4l. - he never gave me any to pay into the Savings Bank.
GUILTY . Aged 33. - Transported for Life .
Second London Jury, before Mr. Recorder.
975. WILLIAM ROGERS was indicted for stealing, on the 7th of May , at St. Martin, Ludgate, 97 yards of silk, value 14l., and 1 wooden roller, value 1d., the goods of George Hilditch and others, in their dwelling-house .
EVAN HOWELL . I am servant to George Hilditch and his two brothers, of Ludgate-hill , silk-mercers . The prisoner is a stranger - on the 7th of May, about four o'clock in the afternoon, I saw the prisoner come into the shop with a woman, who asked to see some black handkerchiefs; I went to the other end of the shop to fetch them, and was about half way returning, when I saw the prisoner walk out of the shop rather brisk; the woman was still sitting down - they had come in together - this ninety-seven yards of silk had been about six yards further into the shop than they were standing, on another counter - I did not show the handkerchiefs to the female, for I saw the silk hanging down from under the prisoner's arm, and instantly ran after him, and by the time he was turning out of the door into the street, I was within a yard and a half of him - Mr. Norton was coming in at the time, and spoke to me; we both followed him calling, Stop thief! and overtook him about twenty yards off; he turned up a narrow court - he had the silk when we laid hold of him - I saw him drop it a few yards in the court; it is ninety-seven yards - he ran a few yards and was laid hold of in my sight - I instantly returned, and the woman had gone also - Mr. Norton picked the silk up - when the prisoner was brought back to the shop, and I said I should go for an officer, he said, "Oh, don't."
Prisoner. Q. Did you lose sight of me? Witness. A. For an instant while you turned out at the door.
THEOPHILUS NORTON . I live at Kentish-town. I was accidentaly passing down Ludgate-hill and saw the prisoner coming out of Mr. Hilditch's shop, with the silk hanging down on the ground; and at the threshold of the door I met the witness; he and I went in pursuit of him - he was never out of my sight; I saw him drop the silk - he was secured by two bricklayer's labourers, and brought back to the shop - the constable was sent for - he wished the prosecutor to let him go.
GEORGE HIDDITCH . This silk is the property of myself and partners - it would cost us about 3s. 4d. or 3s. 5d. a yard - it is worth 14l.
Prisoner's Defence (written). Until the present charge(which is totally unfounded) I have never had a stain upon my character, as I have been employed by many respectable persons in my trade as a working jeweller; I have a wife and two children who are very young, the eldest not being more than five years of age, and my wife being very ill at the present time; and if I should be sent out of my native land they will be left upon the wide world without a friend to give them any assistance, or even a loaf of bread.
GUILTY . Aged 49. - Transported for Life .
WILLIAM LAWSON . I am in the employ of Robert Hugh Franks, of Redcross-street, Barbican . On the 19th of April, at half-past seven o'clock in the evening, this hat was on a peg at the door up a step - they must come up a step to get it - I was standing in the shop and heard a slight noise which caused me to turn my head, I saw the prisoner Cushion take the hat from the peg, and carry it off - I followed him, and saw him deliver it to Goodwin about six yards off - I went to the young man behind me, and we seized them both - Goodwin had the hat and dropped it; I delivered it to the constable - Cushion said he did not take it - Goodwin said somebody had dropped it, and he picked it up - I am sure he received it from Cushion.
JAMES YOUD . I am porter to Robert Hugh Franks. I was standing in the shop on Friday evening, and saw Cushion take the hat off the peg and run away with it; I pursued him - I saw him give it to the other prisoner six or seven yards off - I collared him, and he immediately dropped the hat on the pavement; I took it up - I did not lose sight of either of them - it was about half-past seven o'clock.
JOHN HILL . I am a constable. I saw them together about seven o'clock in the evening, and afterwards received them in charge for taking this hat, which I produce - I am sure they were in company when I saw them before the robbery; I had my eye on them for some time - they were walking up and down Beech-street.(Property produced and sworn to.)
Goodwin's Defence. I was passing the shop, and saw this lad on before me; I took the hat off the pavement - the gentleman caught hold of me, and asked me where I got it - I said I took it off the pavement.
Cushion's Defence. I was walking before Goodwin, and when this gentleman laid hold of me, this young man came up and said, "I think that is him," and then he took me into the shop,
CUSHION - GUILTY .* Aged 14.
GOODWIN - GUILTY . Aged 18.
Transported for Seven Years .
977. THOMAS BELSEY was indicted, that he on the 23rd of April , in and upon Peter Edward Pinniger , unlawfully, maliciously, and feloniously did make an assault; and unlawfully, maliciously, and feloniously did cut and wound him in and upon his left hand, with intent feloniously, wilfully, and of his malice aforethought to kill and murder him, against the statute , &c.
TWO OTHER COUNTS, stating his intent to be, to maim and disable him, or to do him some grievous bodily harm.
PETER EDWARD PINNIGER. I am a porter at a leather warehouse, Wilson-street, Finsbury, in the service of Mr. Harvey. I had known the prisoner for about three months - on the night of the 23rd of April, between eleven and twelve o'clock, this happened at No. 9, White-street, Little Moorfields - I was in bed at the time; I sleep there; I had drank tea at the same table with the prisoner that night; and went to bed about ten o'clock; he slept in the same bed; he came home a little after eleven intoxicated; I was not awake when he came into the room, but I awoke afterwards; when the prisoner came into the room, he walked about, and used very bad language to me - (I had had no quarrel with him on that day.) he got into bed, and he used the same sort of language, and said, at the end of it, that he had come home with the full intent to murder me - he gave no reason why - after that, Mrs. North, the landlady, came and knocked at the door - what the prisoner said, was loud enough to be heard on the landing, but not further; as soon as Mrs. North came up she knocked at the door, and said, "Edward, is the light out?" she repeated that several times, and I seeing the state Mr. Belsey was in, would not answer her, for fear he should do what he threatened, when he got into bed; the candle was burning, but it stood on the hob, in the chimney corner; and as I rose up in the bed, to let Mrs. North in, I had got my legs out of bed; the prisoner rose up in bed at the same time as I did, and aimed a blow at me with his hand, with his clenched fist; and I put up my left hand to ward the blow off, not being aware that he had a knife in his hand; I got out of bed and wrapped a handkerchief round my hand, as it was bleeding very profusely on the floor, and all down my shirt - I perceived a cut, but was not aware what it was; directly I got out of bed, I felt the blood running down on my feet, and I wrapped my handkerchief round it; I opened the door and let in Mrs. North; I then went to go back to my bed-side again, and saw the prisoner approaching me coming round on the other side of the bed with the knife in his hand; he was not sober; it was not a clasp knife; as soon as he got within reach of me, I struck him down with my right hand; he struck at me, and cut a hole in my shirt, and cut my side, sufficiently to make blood come, but it was slight - I knocked him down - Mrs. North took the knife from his hand, he gave it up readily; that witness is subpoened on the part of the prisoner - I gave him no provocation at all on that day - on the Sunday before, he came home in liquor, and then said he would stick a knife into my liver, and would prevent my going to work for six weeks - (this was Tuesday,) as soon as I received the cut, I went to Mr. Leeson, a doctor, and he told me to go to the hospital, as the leaders were cut - the clock struck twelve and I went home, and then went out to Fore-street and met a watchman, I took him to the house, and gave the prisoner in charge; we took him out of bed, he said he knew nothing at all about it; I am quite sure I neither struck him nor gave him any provocation; I did not go to the hospital, as soon as I got to the watch-house Mr. Lang
Cross-examined by MR. WALESBY. Q.Have you the knife here? A. Yes; the prisoner is a labourer in the East India House; it is a knife which he uses to open tea chests - I had lodged in the same room with him for about three months and slept with him; I had had words with him, in the presence of Jones, on the Monday night; I said he had come home drunk on the Sunday night, and complained that his toe nails annoyed me in bed.
Q. On the night this happened, was not the prisoner in the room before you went into it? A. He was not; he came in after I was in bed and asleep; I was awoke by his marching about the room and using abusive language; he came along on my side of the bed and stumbled down by my box; he was not so much in liquor for he could lock the door and wind up a Dutch clock; I don't think he sat on the bed at all; I first saw the knife after I let Mrs. North in, as he was coming round the bed, and the instant I saw it I knocked him down; my hand was bleeding before I let Mrs. North in, and before I saw the knife - Mrs. North said on the Monday morning that she saw my hand bleeding - I believe the prisoner has an annuity from his friends; I never said I might as well have the annuity as him, and that his friends would pay it to me, and I would prosecute him to get him out of the way; I said nothing to that effect at any time; I don't know his friends; I might use abusive language to him on the Monday - and on that night he went out of the room, came in again, and said,"Now Mr. Edward, if you say another word to me, I have got a brace of pistols in my pocket and will send a bullet into you;" I might have said I would knock his head off.
JURY. Q. Do you suppose the knife was likely to lay on your side of the bed, or was it always in his possession? A. He generally carries it about him in his waistcoat pocket, and used it to cut his victuals; it is very sharp - he got into bed with his breeches and waistcoat on; I suppose he got into bed to do as he had threatened, and that was the reason I struck him.
GEORGE LANGSTAFF . I am a surgeon. On Wednesday morning, the 24th of April, I saw the prosecutor; he had a simple wound of the integuments, partly entering the tendons of the hand: I think I dressed his hand four times myself; his hand was disabled during the time I attended him; he has very nearly the use of his hand now.
Cross-examined. Q. It was not a very severe wound? A.Certainly not; if the prosecutor's hand came in contact with the prisoner's, with the knife in it, such a wound might be inflicted; but it would depend on the position of the hand.
JURY. Q.Will you describe the cut? A. It was a transverse cut across the back of the hand, dividing the integuments and one of the tendons; the hand and the knife must have been very nearly in a line with each other.
JOB HORTON . I am a constable. The prisoner was brought to the watch-house; I saw the prosecutor's hand, and it appeared to me dreadfully wounded; and I moreover saw a wound on his left arm, a scratch with a little drop of blood flowing from it; and on examining his shirt there was a cut exactly corresponding - on searching the prisoner's person, I found a variety of documents, and among them a duplicate, and next morning I stated to him what I had taken from him, and mentioned the duplicate, he said "Ah, that is the thing that did all the mischief;" I said, how so; he said, "I pawned a coat that day, and with that I got intoxicated."
Cross-examined. Q. Have you spoken to Thomas Jones respecting this case? A. We may have got into conversation about the badness of the case; I did not use threatening language to deter him from giving evidence; I don't see what evidence he could give; he came to my house and requested me to give up the documents which I took from the prisoner - I refused; he said Mr. Wontner wished them to be given up, as they related to property; I said I would deliver them to Mr. Wontner myself; I found that was false; I saw Jones the next day, and said,"How dare you come to me and state a falsehood, I certainly will tell the Judge what you have said to me;" I never used angry words towards the prisoner, nor demanded money of him; I took one shilling and ninepence from him when I searched him, and he ordered me to pay it to different people for services they had rendered him.
Prisoner's Defence. When I came home that night, I was going to cut my toe nails, Pinniger called me an old b-g-r and a boar; I took no notice of him, I was going to take my stockings off, and he fetched me a rap and down I went; I got up again, he aimed at me again and caught the knife, he said to me "I will have that annuity made over to me; your relations will pay me sooner than you; you have possession under two forged wills, I will get you transported" - Mr. Horton demanded nine shillings from me for taking me to and from the prison - I had taken this lodging to myself, but this young man came as a religious man, but I found him quite the opposite, and I believe there was some correspondence with my family; they have had me twice in Whitecross-street prison; the ill-treatment I have received from that man is most unaccountable; I had no animosity towards him, and did not mean to stab him, nor threaten his life; he came to me as savage as a bear both on Saturday and Sunday night; Mr. Jones and Mrs. North could hardly keep him from me; my life has often been threatened by him.
SARAH NORTH . I keep the house in White-street, where these persons lodge; the prisoner came home on this night about half-past ten o'clock; the prosecutor was then in bed; the prisoner came into my room very much intoxicated; I could not get him up, he staggered so; I got him to sit down, he talked a good deal to himself, and was quite stupid, he fell down all along the hearth; I got him up to bed with the assistance of the watchman very quietly; I took off his shoes and gaiters, untied his garters and the knees of his small-clothes, and put him on the bed-side; he was quite comfortable and wished me good night - I left the room, and went up in ten minutes or a quarter of an hour to see if all was safe; when I first went into the room with him, Pinniger was in bed, I told him to get further and make room for the prisoner, but he was very heavy in sleep, and I don't think
COURT. Q. On your oath was there no knife in the room? A. There was; because he had it in his hand, but I did not see it till it was put into my hand after the blow was given - my daughter took it out of his hand as she said - I cannot say whether the prosecutor's hand was or was not cut when I entered the room, or whether his handkerchief was then round his hand; I saw him wind one round his hand afterwards; I saw blood on his shirt, I suppose that came from his hand; there was a hole in his shirt, it looked more like a tear than a cut.
JURY. Q. Did the prosecutor hit the prisoner with his right or left hand? A. His right hand, I am sure of that; there was only two spots of blood on his shirt; he told me he struck the prisoner with his right hand, but I cannot say, I was so frightened; he is not left-handed.
ELIZA NORTH . I am the last witness's daughter - I entered the room at the same time as my mother, and saw Belsey standing on the left hand side of the bed and Pinniger on the right, they were both out of bed, and Pinniger went up to Belsey and struck him directly and knocked him backwards; I saw no blood at all on Pinniger then - I assisted Belsey up and saw the knife in his hand; it is a knife he used in common, and used to wear a sheath with it; my mother said to the prosecutor, "Why do you strike a man who is intoxicated and cannot stand?" Pinniger said, Do you think I can stand this? look at my hand, and then wrapped a handkerchief round his hand; he had no handkerchief round his hand when I entered the room - I am sure he had struck the prisoner with his right hand.
COURT. Q. As he had no handkerchief when you entered the room, did you see where he got it from? A. I cannot say what it was off; but he turned aside and took it either off his box or a chair; I saw that his hand was bleeding then.
MRS. NORTH. I had left him sitting on the bed-side when I left the room.
JURY. Q. How did you get into the room? A. The prosecutor opened the door, it was locked; I knocked and nobody answered; I wished to know if all was safe as he was in liquor.
JURY. Q. Did the prosecutor get into bed after he had knocked the prisoner down? A. No he went to another room, and had his clothes put on, and went to the doctors.
THOMAS JONES . I am a commercial traveller, and live in Bishopsgate-street - I lived eight years with Mr. Alderman Thorpe, and have been in other places since - I have known the prisoner about eight months - on Monday the 22nd of April, I went to his lodgings about a quarter-past five o'clock, and took tea with him; I had not been there many minutes before Pinniger came in and heaped the most terrible abuse on him; he said Belsey had come home on Sunday night and broken his rest, and if he came home tipsy again he would break his b-y head for him; I never heard him say anything about an annuity.
NOT GUILTY .
NEW COURT. Saturday, May 18th.
Third Middlesex Jury, before Mr. Common Sergeant.
978. DONALD STEWART and ELIZABETH STEWART were indicted for stealing, on the 9th of March , 5 table-cloths, value 30s.; 2 shifts, value 4s.; 2 night-gowns, value 6s.; 2 night-caps, value 2s.; 1 pair of stockings, value 1s.; 2 morning dresses, value 1l.; 1 pair of stays, value 15s.; 1 petticoat, value 4s.; 2 pelerines, value 2l.; 5 collars, value 6d.; 1 habit-shirt, value 3s.; 1 apron, value 1s.; 7 pair of cuffs, value 7s.; 6 handkerchiefs, value 9s.; 2 pieces of quilling net, value 1s.; 6 towels, value 12s.; 1 umbrella, value 10s.; and 1 bonnet, value 2s. , the goods of James Davies , their master.
JAMES DAVIES . I have a house at Shacklewell. I went there with my wife on a Saturday morning, but I cannot say when; I found the laundry all in confusion - my wife missed the property stated, but she is not here.
NOT GUILTY .
WILLIAM WILTSHIRE . I keep a green-grocer's shop in Grays-inn-lane. About the 15th of March, a man came to my shop about some harness which he had for sale; I had before seen some hand-bills, and I desired him to bring it for me to look at; he came a second time, and said he could not get it without 15s., which he had left it for - I let him have the 15s., and then the prisoner brought the harness; I fetched Mr. Angle's foreman, who claimed it.
LUKE STOCKWIN . I am foreman to Mr. Bernard Angle, who keeps a livery-stable in Gray's-inn-lane ; this harness is his, and is worth fifteen guineas; it was safe on the 16th of March, and on the 17th we missed it - the prisoner had been in my master's employ, he had been discharged a fortnight or three weeks, but he came every day to help the men in the stable; and on the night of the 16th of March, he took this harness off the horses.
Prisoner. I was not at the yard when the harness was lost. Witness. Yes, you was, and took it off the horses
Prisoner's Defence. A man employed me to carry it from Somer's-town to Mr. Wiltshire's shop.
GUILTY . Aged 21. - Transported for Seven Years .
BUCKINGHAM BUGG. I am a tailor , and live at Ipswich, but am at present living in Ivy-lane. On the morning of the 1st of May, at near two o'clock, I was in Oxford-street , and met the prisoner; she spoke to me and we walked together down another street - I could not get from her; she wanted me to go with her, I said I would not- I stood a little while talking with her, she then ran off, and I missed my watch - the policeman brought her back; my watch was produced to me at the station; I had been with her about ten minutes, I had not an opportunity to get away.
Cross-examined by MR. DOANE. Q. Were you sober? A. Yes, I had been spending the evening with a friend, and we had been to Bagnigge-wells; I had only one glass of rum and water all the evening - I can't say that I know Blenheim-steps; I left the prisoner two or three times, but she came running after me - I went up to Oxford-street to take a bit of a walk; I went down some mews or stables, but I did not take any liberty with her - I went down to get away from her, I did not promise her five shillings I did not give her the watch.
COURT. Q. Do you mean, upon the solemn oath you have taken, to say, that when you were at the mews, you took no liberty with her? A. Yes, I do; I had no talk about giving her 5s., she asked me to go to a house, but I refused - I had left Bagnigge-wells an hour and a half before I found myself in Oxford-street; I had been walking in some streets, I don't know their names - I had not been into any public-house, nor spoken to any woman that night - I believe I went into two streets with the prisoner.
JOHN READ (police-constable E 52). The prosecutor called me, and said the prisoner had stolen his watch- I saw her on the opposite side of the way; I followed her to All Soul's Church, I then put my hand on her, and said she had been with some person whom she had robbed of his watch; she gave me this watch, and said it had been given her in the room of five shillings - I took her back and met the prosecutor; I told him he had given it her in the room of five shillings; he said he had not, he appeared sober - I then took the prisoner.(Property produced and sworn to.)
NOT GUILTY .
981. JAMES WALKINSHAW was indicted for stealing, on the 16th of April , 1 watch, value 30s.; 1 watch-key, value 6d., and 1 piece of ribbon, value 1d., the property of Richard Jones , from his person .
RICHARD JONES. I am a solicitor's clerk . I was in Brook-street, Holborn , on the 16th of April, about a quarter before seven o'clock in the evening; three or four young men came round me, but I could not recognize any one of them - they hustled me about and then ran off; I put my hand to my fob immediately, and missed my watch; it was a double-cased silver watch - I can't say that the prisoner was one of them.
Cross-examined by MR. BARRY. Q. I suppose you were sober? A. Yes.
HENRY JOHNSON . I am an apprentice to Mr. Wilson, of Eyre-street-hill. I was in Brook-street on the evening in question; I saw Mr. Jones there, and three or four young men about him - the prisoner came in front of him and snatched his watch from his fob; it appeared to be a silver watch - they all ran over the road and up Fox-court; I was taken to a house in Drury-lane about ten or eleven o'clock the same night, and the officer brought the prisoner down to me - I am sure he is the person.
Cross-examined. Q. This occurred all in a moment? A. Yes, the prisoner was a stranger to me; I went on to Leather-lane after I saw it, and when I got there it was about five minutes past seven o'clock; when I went to the public-house, the prisoner was brought down to me.
Q. Now, consider; did you not say when you saw him,"I think he is the man?" A. No, I did not; I am sure he is the man.
COURT. Q. Then you did not say "I think he is the man?" A. The policeman brought him down and said"Do you know this man;" I said he is very much like him - he then turned round and I said, "That is the man, but he has changed his waistcoat."
RICHARD BAYLIS (police-sergeant G 5). I heard of this about nine in the evening, from the son of the gaoler at Hatton-garden; I went to Johnson, and he described the prisoner - I went to the Great Mogul in Drury-lane, saw the prisoner there with three or four other men; I brought him down, and Johnson said, "I think it is him"- I said, "Be sure;" the prisoner then turned round, and he said, "I am sure it is him, only he has changed his waistcoat" - I have known the prisoner a long time, his parents are respectable - I can't find the watch.
Prisoner's Defence. On the 16th of April, from six o'clock till half-past eight, I was at work for my father at his house, No. 21, Tash-street - I was polishing a watch ready for gilding; when my father came home, he gave me a shilling - I went to the Great Mogul, and the officer came and took me.
JAMES WALKINSHAW . I am the prisoner's father. I am a watch-finisher, and live at No. 21, Tash-street - on the evening my son was taken, I went from home at six o'clock, leaving him at home at tea; I returned a quarter before nine; I had left him a piece of work which he could not do in less than an hour and a half or two hours - the work was done.
COURT. Q. You live but a short distance from Brook-street? A. No, the prisoner might have gone out - I can't account for the officer picking him out in Drury-lane, but I believe he frequently went there in the evening - my son was in trouble once before, I think it was for stealing a plane.
GUILTY . Aged 21. - Transported for Fourteen Years .
ROBERT WILKINSON and ABRAHAM GRAVES were indicted for stealing, on the 18th of March , 61lbs. weight of sugar, value 1l. 5s. , the goods of Mary Ford .
ISAAC JOHN ISAACS (police-constable H 169). On the 18th of March, at half-past nine o'clock in the morning, I was in Shorter-street, Wellcose-square - I saw a waggon; I saw the prisoners and Cartwright, who was convicted here last sessions, with the waggon; they all got into it, and opened several bags of sugar - I waited I suppose ten minutes; I then saw the waggoner (Cartwright) get out, but the two prisoners remained in - I waited a short time, and then I saw the two prisoners out of the waggon, and Cartwright in, and he lifted a bag of sugar off the waggon on to Wilkinson's back; the two prisoners were then going off, I pursued them, they threw the sugar down and escaped - I took the sugar and the waggoner; I am sure the prisoners are the persons, they were taken some time afterwards - the sugar was produced the last time, there was sixty-one lbs. of it.
Wilkinson's Defence. I was passing by, and the waggoner asked me to help him to lift two or three of the bags on the waggon, and the officer came and took him, this other prisoner was not there.
Graves' Defence. I know nothing about it.
WILKINSON - GUILTY . Aged 20.
GRAVES - GUILTY . Aged 27.
Transported for Seven Years .
CHARLOTTE HEWSTON . I lodge in the same house with Richard Clinton, in James-street, Wellington-square . The prisoner lodged there a little while - the bundle which contained the articles stated, was in my care; the prisoner came to me last Wednesday week, and said Richard Clinton had sent him for it, and I gave it him.
Prisoner's Defence. He sent me for them. Witness. No, I did not.
GUILTY . Aged 22. - Transported for Seven Years .
WILLIAM GILES . I am servant to Mr. Samuel Marks . My master was ill, and on the 2nd of May, Dr. Henry Hensleigh stopped at my master's door, and left his cloak in the chaise, while he came in to visit my master - I took the cloak out of the chaise, and laid it over the horse's loins, as he was hot; there came a knock at my master's door, and I went in for a moment, but did not take my eye off the horse - I saw the cloak drawn off the horse; I went down the street, and saw the prisoner with the cloak which he was rolling up before him - I said it was mine; he said, he only took it for a lark - he was quite a stranger to me.
Cross-examined by MR. CLARKSON. Q. Did you never take your eye off the horse? A. No, I only went into the passage - the horse was apt to start; it was my master's horse and chaise which I took to fetch the doctor with.
WILLIAM FLYNN . I was going down Ormond-street, and saw the prisoner with the cloak; the witness took it from him; the prisoner then ran up the street, and I followed him - when he got to the top, a man came out of the square, I called to him to stop him, he dodged him till I got up - he said "For God's sake let me go."
Prisoner's Defence. I did not take it, I pursued the man who did take it, he dropped it, and I took it up and gave it to the witness.
GUILTY .* Aged 18. - Transported for Seven Years .
985. THOMAS SMITH was indicted for stealing, on the 4th of May , 144 yards of calico, value 2l. 6s.; 56 yards of printed cotton, value 1l. 12s.; and 1 wrapper, value 6d. the goods of James Ricon Oliver and others.
WILLIAM JONES . I am carman to Mr. James Ricon Oliver and his partners; they carry on business in Alderman-bury. On the 4th of May I had a number of packages to take in the cart to the Horse and Groom-yard, St. John-street - I arrived there, but the yard was full of carts, and I could not get down - I took out one package, and went up the yard with it; I returned soon afterwards, and missed one package from my van, containing the articles stated - it was brought back soon after with the prisoner in custody - this is it.
Cross-examined by MR. CLARKSON. Q. Did you know the prisoner before. A. No, Sir - I did not see a woman near my van - I know Jerusalem-passage, but I don't know of any green-grocer's shop there - there was a tall man standing by my van when I left.
SAMUEL OLNEY . I keep the Horse and Groom-inn. I heard of the loss of this package; I went out instantly down the Woodbridge estate - I saw the prisoner carrying this package, I asked him politely if he would walk back with me into St. John-street; he said no, that he was employed to carry it by a man - he then threw it down, and said I am d-d if I carry it any further - I collared him, and he struggled with me; I was a minute or more before I could get him to come back with me; he then said I was a hard-hearted young man, and he wished me to let him go - I brought him back, and gave him to the officer.
Cross-examined. Q. Did you not seize him by the throat? A. No - I did not tell him it was stolen at first, but I asked him to turn back - I had not seen a tall man about the van; I could not, as I was in the warehouse - I
Prisoner's Defence. I did not throw it down till he took hold of my collar and tore my shirt - I said you are not the young man that hired me to carry it; he said "You come back with me," I said I did not know why I should - I had been hired by a tall young man to carry it to Percival-street - I am a porter in the City.
GUILTY . Aged 31. - Transported for Seven Years .
Prisoner. I took them up four yards from the place. Witness. No, I saw you take them from the door and walk off, and I after you.
GUILTY . Aged 20. - Confined One Month .
987. MARY ANN KELLY was indicted for feloniously receiving, on the 24th of April , 6 yards of gingham, value 10s. 6d., the goods of Joseph Lee , well knowing them to be stolen , against the statute, &c.
Cross-examined by MR. DOANE. Q. I believe she pawned it in her own name? A. No, in the name of Read, her maiden name - she lives not far from me - I never knew her charged with felony.
Cross-examined. Q. I believe you were in plain clothes? A. Yes; she did not hesitate to acknowledge that she had pawned it - she took the duplicates from her bosom.
MARY HUGHES . My mother lives at No. 25, Wilson-street, Somers-town; for the last ten weeks I have been backwards and forwards at the prisoner's - she enticed me awayfrom my mother, and told me if my mother locked me in to draw the bolt, and she would give me a bellyfull of victuals to come and live with her - when I got to her she used to send me out for a halfpenny ball of cotton, she did not say what shop I was to go to, but I was to get anything that laid on the counter, and bring it home to her, which I used to do, and she went and pawned it - I got this piece of gingham out of Mr. Lee's shop; it was on the counter near the window; I went there for a halfpenny ball of cotton - she used to tell me to draw it off the counter, put it under my shawl, and if the shop was full to come out and say nothing to anybody - when the prisoner took this to pawn she said she got a shilling for it, and she showed me the shilling in her hand.
Cross-examined. Q.Now, I would have you be very cautious; when was it you went to this woman's house? A. I cannot tell what day, it is about ten weeks ago - there is a man lives with my mother, and he ill treated me; he wanted to take liberties with me, as he had with my sister Sarah; I was frightened at him - I met this prisoner in the street, and told her of it, but I did not ask her for shelter; she took me home - I slept there, and staid some days - she did not tell me she could not keep me long, nor say she could not afford to take the bread out of her children's mouths to support me - after I had been there some days, my mother fetched me away, but the prisoner had sent me out stealing before that - I had been absent from the prisoner for a week, but I went back again- before I got this gingham, she told me I had better go down Shoreditch or somewhere; I lived in a court in Shoreditch, and slept there during the week I was away from the prisoner - I don't know the person's name, but the prisoner gave me 6d. to pay for my lodging, because she said my father-in-law was looking after me - I did not go to the prisoner's house that week, but I saw the man she lives with, and he told me that she sent word for me to come back - I had been sleeping at the prisoner's for two or three nights before I took the gingham; she knew where I got it, and she gave me the money to buy the cotton.
Prisoner's Defence. I was going to work and met this child, I asked where she had been, she said sleeping all night under her sister's steps; I said "What is the matter?" she said he has been taking liberties with me - when I got home at night I found her at my house, I said "Are you not gone home," she said "No, I will make any shift if you will let me stay here;" I said "You know how you treated me before when you stole my little girl's boots" - I went out the next morning telling her to go home, but she did not; she went and slept under the stairs; I could not bear she should do that, and I let her be with me for a few days, when her mother and two men came and kicked up a great piece of work - she then went home for two or three days, and then came to me again; with her body very much wealed; I took her in, and named it to several persons, in hopes they would take her, but no one did; I told her again to go away, and she went for a week, but returned again - I was born in Islington, and no one can say any thing against me - on the day she brought this home I had been out at work all day, and she said she had a little place to go to the next day, and she had picked this up a great way off, and I pawned it for her.
GUILTY . Aged 44. - Transported for Fourteen Years .
There was another indictment against the prisoner for a similar offence.
Henry Kew .
HENRY KEW. I am a mill-smith ; these are my tools; I left them in my work-shop, No. 17, Broad-street, Golden-square , on the 26th of April; I locked the door, and put the key into my pocket; when I went the next morning I missed this property - the prisoner is my nephew; he knew where my tools were - he did not live with me.
CHARLES BENTON. I am shopman to Mr. Capps, a pawnbroker. I produce some of the tools which were pawned by the prisoner, on the 27th of April.
AMBROSE ROTTON . I am a shopkeeper. The prisoner brought this hammer, and these files to me, on the 27th of April, and asked fourpence for them - I disputed them being his own, in consequence of the price he asked; he then said they were his brother's - I detained them, and told him to fetch his brother - he went away, and I did not see him again, till he was in custody.
GUILTY . Aged 20. - Transported for Seven Years .
EDWIN WILKINSON . I am in the employ of Mr. James Henry East, a coachmaker , who lives in Wilson-street, Finsbury - I have occasionally seen the prisoner on his premises; I cannot say whether he ever worked there - in consequence of my master having lost several glasses, I was set to watch, and on the 7th of May, I saw the prisoner come out of the yard, and go to a public-house; he stopt there twenty minutes; he then came out with this glass under his arm - I followed him and gave him into custody.
JAMES HENRY EAST. This is my glass - the prisoner was the last person I should have suspected of robbing me; I gave him leave to lodge on my premises till he could get a place.
Prisoner's Defence. I had no intention of robbing him - I had done business with him, and for him, for ten years.
GUILTY . - Aged 39.
Recommended to Mercy. - Confined Three Months .
FRANCIS WOOD. I was in St. John-street, Clerkenwell , on the 28th of April, I felt a tug at my pocket, I turned and saw the prisoner with my handkerchief in his hand - I took him to the station-house; this is it.
Prisoner's Defence. It was thrown upon me.
GUILTY . Aged 22. - Confined Three Months .
EDWARD MARLOW. I live in Whitecross-street , opposite Mr. Clark's shop - I saw the prisoner and another boy near his shop, on the 1st of May; the other boy took the bacon, and gave it to the prisoner, who walked away with it in his apron, and the other boy with him - I went up to him, he dropped the bacon and ran off; the officer pursued and took him.
GUILTY . Aged 14. - Transported for Fourteen Years .
WILLIAM DEXTER. I live in Leman-street, Goodman's fields. I had some tame pigeons to take care of for William Kew; they were fastened up on the top of some stables in George-yard ; they could not get out - on the 7th of May, I missed ten of them - I knew them perfectly well - we have since seen nine of them - the prisoner's father is a horse-dealer, and his stables join to mine - I had not seen the prisoner there for some time.
WILLIAM KEW . These pigeons belong to me; I can swear to them - I heard they were lost, and went to Leadenhall-market, but could not find them - we then went to Mr. Stevens, and found these nine, which I can swear to by their marks.
BERJAMIN STEVENS . I am a pigeon-dealer, and live at No. 26, Slater-street. I bought these pigeons of the prisoner and another young man, last Tuesday week; they asked me 8s. for them - I asked the prisoner what was his reason for parting with them, he said because he had lost so many - I said 8s. was more than they were worth; I gave him 6s. 3d. for them.
Prisoner's Defence. They were brought to me by two young men, whe asked me to go with them to sell them' which I did.
GUILTY . Aged 25. - Transported for Seven Years .
CLARA COOPER MEDLICOT . I took my little brother out with the handkerchief round his neck - I saw the prisoner and two other boys in the street; the prisoner lifted me up to look at some lights, and while I was lifted up, another boy took the handkerchief off my brother's neck, and ran off, the prisoner put me down and ran after the other boy - my mother has never got the handkerchief.
NOT GUILTY .
WILLIAM PICKARD (police-constable E 65). I fell in with the prisoner on the 11th of May, at half-past eleven o'clock at night in Beaumont-place, Tottenham-court-road, about one hundred yards from the prosecutor's, he had this copper, I asked where he was going with it, he made no answer - I then asked where he brought it from; he said from No. 11, Tottenham-place, I said he must go back with me - I went there and found it was from No. 10 - I found on him this latch-key, which opens almost all the doors in that place.
MARY BATH . I am the wife of John Bath, of No. 10, Tottenham-place . This is our copper, and was fixed in the wash-house; I missed it a quarter of an hour before the officer brought it - the prisoner lived next door, and was a plasterer - there has been three coppers lost from there within three months.
HANNAH HEARN . About half-past eleven o'clock on that Saturday night, I was looking out at the window, and saw the prisoner in the prosecutor's yard, he went out of that yard and into No. 11; in about ten minutes the officer brought him back with the copper.
Prisoner's Defence. A man asked me if I would earn a shilling by carrying it to the corner of New-street; I told the officer so, but he would not go to the place.
GUILTY . Aged 20. - Confined Six Months .
GEORGE STAPLETON. I am a shoemaker , and live at Ealing . On the 13th of April, the prisoner and his companion came to my shop to look at two velveteen shooting jackets - I showed them to them, but they said they were too dear - the prisoner took me to the door to look at the colour of the jackets; and while he did so, his companion took the boots off my cutting-board, and escaped with them - I detained the prisoner.
Prisoner's Defence. I went to a public-house to have a pint of porter; I saw a man who asked if I could tell him where to buy a shooting jacket; I said yes, and took him to the prosecutor's, who showed us two - I went to the door to look at the colours, and the other man went away; he then said my friend had got a pair of boots of his; I said he was no friend of mine.
NOT GUILTY .
996. RICHARD WATSON and JAMES THOMAS were indicted for stealing, on the 3rd of May , 5 quarters of oats, value 4l. 10s., and 1 quarter of beans, value 30s., the goods of William Chaplin , in a boat on the navigable river Thames .
MR. BARRY conducted the prosecution.
MATTHEW CHUTER . I am barge-master to Mr. William Chaplin. On the 3rd of May, his barge was moored off Kew-bridge, on the Thames - I know Watson the prisoner, but I had not seen Thomas before - on that evening I went on shore with the prisoners in a boat to get a drink of beer; we went about seven o'clock - they both took me on shore, but Thomas only took me back to my barge - I then went down into the cabin, and when I had been there about an hour, I heard some one on board - it was then about twelve o'clock - I called out, halloo! - I heard Watson's voice on board, but I got no answer - I went to the scuttle to try to get out, but I found it was fastened - I got out at a door, and when I got on deck I took this nail from the hasp of the scuttle - I missed ten sacks of oats, and two of beans, from the barge - I saw them again at Chiswick, in the same boat that I had been cast on shore in.
Cross-examined by MR. CLARKSON. Q. You hailed Watson, I believe, as he went down the river? A. No, I did not, there were two women with us, we got back to the barge about eleven - we did not go to more than three public-houses - when I went on board the barge again all was safe, no one was on board but me.
JURY. Q.Were you sober when you returned? A. Yes.
CHARLES WILLIAM CREASY (Police-constable T 107). On the night of the third of May, about twelve o'clock, I was on duty on the bank of the river, near Chiswick, with two of my brother-officers - we heard some persons conversing across the river; I and my brother-officer went and took a boat at Chiswick-ferry, and proceeded across the river towards the spot where we had heard the conversation - we got half-way across and saw a barge moored off the Surry side, and saw a boat shoot a-head of the barge, coming towards the Middlesex side - we rowed round the barge, and it was loaded with lime; we followed the boat but lost sight of it, but a boat passed us in-shore laden with sacks and two men in it; it was coming towards us, not in the same direction the other had gone; we turned, suspecting their's was the boat we had been following; it passed us so near that I was obliged to unship my scull to let them pass, one of the men in it was Thomas; I could not swear to the other man; we followed them, and they drove it up a drain which carries the water through the meadows; we did not observe it go up the drain but saw the stern sticking out - we jumped on board and found it was drawn on shore, but not fastened; we got on shore, but the mud was so thick we could not proceed after the men, and the fog coming on we got on board again, and found the sacks of oats and beans on board, we took the boat to Chiswick - Mr. Downs owned the boat.
Cross-examined. Q. Whose boat did you take to go in pursuit of them? A. A waterman's at Chiswick; it was not foggy at first, it was a fine night; I had not seen Thomas before.
Cross-examined. Q. Did it pass your boat very near? A. Yes, so near that the man next the boat had to unship his scull; they must have been within half a yard of us; we did not stop them, as we did not know it was the boat we were in pursuit of - but I thought it might be, as I had seen two men in the other boat, just as it was gaining the point where we lost it.
CHARLES PENNINGTON (police-constable T 120). I was with the other officers and saw the boat; it came within the length of a scull of us, I should think within two yards and a half; there were two men in it rowing, but I was rowing at the time and did not notice them; we took the boat with this corn in it - we took the prisoners at Watson's mother's, at Brentford.
Cross-examined. Q.When did you take them? A. On the evening of the 4th of May; I don't know whether they could have got away.
WILLIAM DOWNS . I live with my father at Richmond. On the 3rd of May Watson was in his employ; I have seen the boat in which the officers found the corn, it is my father's, and is the boat Watson had to go away with the lug - he had no business of ours at Chiswick.
Cross-examined. Q. Where was he to go with the boat? A. To St. Katherine's Docks; the boat ought to have been in London.
JURY. Q.Might he not have returned with the boat? A. Yes, if he could not get the coals; the lug was not in London till about nine on the Saturday.
Watson's Defence. I am innocent.
Thomas's Defence. I was in bed and asleep, and have witnesses to prove it.
HANNAH WATSON . I am Watson's mother, and live at Mrs. Vaughan's, at Brentford. On the day before my son was taken, I had been on the river with him, and Thomas, and Mrs. Vaughan - between seven and eight o'clock we were hailed by Chuter, who asked my son if he would give him any thing to drink, which he agreed to do; Chuter said if we would take him back he would come on shore and have some - my son said Thomas should take him back, as his arm was bad and he could not row; my son did not row the boat at all, from the time Chuter got into it; when we got on shore and had had something to drink, my son, Mrs. Vaughan, and I went home, and Thomas came with the boat; he and my son then went out to Chuter; it was then a quarter before nine, and at a quarter-past eleven o'clock they all three came to the door together; I did not see them, but my son came in, and was in bed by half-past eleven o'clock; Thomas came in and was in bed about ten minutes after my son; I slept in the same room - my son was called at half-past four o'clock in the morning and got up; he could not have got up before without my knowing it.
MR. BARRY. Q.How long have you known Thomas? A.Nearly twelve months; he has lodged at my house full six months - there are only four rooms in the house; I have slept in the same room with my son and Thomas ever since before Christmas - I went bofore the magistrate at Hammersmith, but was not called - I know it was a quarter before eleven o'clock when the three came to my door; I looked at the clock - I know Thomas went to bed ten minutes after my son; I do not sleep very soundly; I fastened my door on the inside; I knew my son had to go to London to the lug, but he came home to have his are dressed, as he had scalded it; I don't know whether that would disable a man from rowing, but he did not row when we were out that day.
MR. CLARKSON. Q.When they first came to the door, after they had been to drink, they came altogether? A. Yes, my son did go out to help them launch the boat off, but he came in again directly; Thomas rowed Chuter to the barge and then he came in.
COURT. Q. Did you bolt your door? A. I locked it sir; Thomas went to bed last and I then got up and locked the door; it is but a small room.
MRS. VAUGHAN. I keep the house in which Mrs. Watson, her son, and Thomas reside. I was in Mr. Downs' boat with them that evening - Thomas rowed the boat as Watson had scalded his arm; Chuter was in his barge, he called to Watson and asked him if he would give him some beer if he came on shore; Watson said he would, and they fetched him - we afterwards went home, and the two prisoners went out to meet Chuter; they all three came to my door afterwards; and after launching the boat, Watson came in and went to bed, and Thomas came in in about ten minutes; he went to hed in the same room where Mrs. Watson and her son slept - I don't sleep in that room, I sleep with my husband - neither of the prisoners went out again that night, for I was up ironing till half-past three in the morning - they could not go out without going through the room I was in.
MR. BARRY. Q. What is your husband? A. A labouring man - Mrs. Watson goes out nursing, and when she is at home she sleeps in the same room with her son and Thomas - when the three men came to the door it was a quarter past eleven; I know the time; I have a clock in the room - I did not exactly look at it - I can't tell how many times I have talked this matter over.
NOT GUILTY .
WILLIAM EAMES . I am in the employ of Mr. George Savage , of Tottenham-court-road . On the 26th of April some stranger told me to look after some shoes; I missed some from the door - he said they were gone up Howland-street - he went with me; we saw the prisoner, and asked him for the shoes; he would not give them to me, but, at the corner of John-street, he threw them at my feet - these are them.
THOMAS HUMPHREY SPARROW . I was standing at the corner of John-street and Goodge-street - I heard an alarm, and saw the prisoner running; I ran after him; he made use of several dreadful expressions, and said he would knock me down if I laid hold of him - he fought for fifty yards before we got him secured.
GUILTY . Aged 19. - Confined for Three Months .
GUILTY . Aged 19. - Transported for Seven Years .
There was another indictment against the prisoner for robbing Mrs. Pounce.
WILLIAM DURHAM . I am a labourer , and live in Whitecross-street. On the 5th of May, at one o'clock in the morning, I met the prisoner in Whitecross-street - I had been drinking, but was not drunk - she asked me to go with her, I said I would; she asked me what I would give her, I said sixpence - she did not seem satisfied, but she consented - we went to some alley, and into a room on the ground floor of a house; I paid her the sixpence; I had then two half-crowns in my right-hand waistcoat pocket inside; we went on the bed - I missed my money in a short time - I took hold of her and said, I would have my money; she cried out Murder; a number of men and women came to the door and wanted to come in, I said, the first that came in, whether man or woman, I would knock them down, except it was a policeman; the prisoner then went to the window and opened it - I have never got my money.
STEPHEN PLUNT (Police-constable, G 138). I went into the room, there were a great many persons round the door; the prisoner went to the window, put her hand outside, and I heard money chink - there were thieves and prostitutes round the house.
Prisoner. Q. Was it money or glass that you heard? A. It was money on my oath.
Prisoner's Defence. I said I would not take sixpence of him nor of any man; he said he had no more money, but he would give me some the next morning - he then took hold of my neck and knocked my head on the ground - I never had any money but the sixpence he gave me, and one shilling and a farthing, which I had earned where I had been at work - I called out for the officer myself - I don't know two persons in the neighbourhood, but when I cried out one of them went for the officer - the officer found one half-crown on the prosecutor - it was glass that broke; it was not money.
SAMUEL PLUNT. The prosecutor had one half-crown on him; he said he had three and lost two.
GUILTY . Aged 32. - Transported for Fourteen Years .
CHARLES BUNDOCK . I am an eating-house-keeper, and live in Aylesbury-street, Clerkenwell ; Mr. Mills is a stationer , and lives opposite me. On the 1st of May I saw the prisoner standing at his door; he then went sideways into the shop - I watched a few minutes, and saw him come out with this pile of paper - I crossed and asked him where he got it; he said of a man next door; I told him to come back - he threw the paper on my toes, and ran off; I pursued and had him taken.
GUILTY . Aged 20. - Confined Fourteen Days .
1001. THOMAS WILLIAM FREDERICK SPACKMAN was indicted for stealing, on the 9th of April , 10 dwts. of gold, value 35s.; 1 coral necklace, value 7s.; 1 pair of gold tops, value 7s.; and 1 brooch, value 6s. ; the goods of James Cooper , his master.
MR. ADOLPHUS conducted the prosecution.
JAMES COOPER. I am a goldsmith, and working jeweller , and live at No. 37, Perceval-street, Clerkenwell . The prisoner was my apprentice , and has been so since 1829; I had about an ounce of gold laid apart in a drawer, which I told the prisoner was not to be used - I had been out of town, and on my return this gold was gone; I had not given any one authority to use it - I spoke to the prisoner, told him that the gold was gone, that he was the only person who slept in the counting-house and had access to the stock - he denied knowing anything about it, till he was given into custody - I missed some other articles; when he was in custody he said, if I would promise to forgive him, he would tell the whole truth; I said it was too late, I would make him no promise whatever, and he told me he had had the gold, and used part of it for his own use, and begged of me to forgive him - I had forbidden him to use this gold for any purpose, even for my own business - this letter is the prisoner's writing - I went with the officer to Mr. Campbell's, No. 2, Jubilee-place, Stepney, where I found a pair of drops, a coral snap, a pair of gold tops, and a garnet brooch; the tops and the garnet brooch I know to be mine, and I have every reason to believe the others are.
Cross-examined by Mr. PHILLIPS. Q. The gold tops and the garnet broach are certainly yours? A. Yes; I speak to them positively - I had told him not to use any of that gold in my business - he was in the habit of using small quantities of gold - he did not say he had used it in my business, he said he used it for himself - I know Gleeson; I cannot tell whether I said in his presence to the prisoner, that it would be better for him to tell me the truth, I might, but if I did, I believe it was some time before the prisoner was taken into custody - when his father was at my house, when I was speaking about his calling on persons for goods in my name - Gleeson works for me, but I don't recollect speaking to the prisoner on this subject in his presence - the prisoner was to leave me this year; I had heard he was to set up in business.
Mr. ADOLPHUS. Q. Did the conversation you had with the prisoner in the presence of his father, allude to this transaction? A. No; to some other - when he spoke to me about this he said, if I would not do anything to him he would make the gold good.
JOHN SMITH (police-constable, G 32). I took the prisoner - his master said he had lost a great deal of property and he would make no promise to the prisoner; he said if his master would forgive him he would restore the
Cross-examined. Q.Did you see Miss Campbell? A. Yes; this brooch was in Mr. Campbell's shirt, and I received these gold tops from him, and this snap from Miss Campbell.
Mr. COOPER. I know these tops and this brooch - I had several pairs of these tops in my counting-house; the brooch is marked.
Cross-examined. Q. Who puts the mark on your articles? A.Sometimes myself, sometimes other persons- the prisoner has marked some - I have sold some brooches, though not perhaps exactly of this description - I have no mark on these tops, but they are not a common pattern; I only know one workman who makes that pattern - there may be others.
MR. ADOLPHUS. Q.Did you miss any brooches from your stock which have not been sold? A. Yes, several.
COURT. Q. How many persons have you in your employ? A.Only Mrs. Cooper, who would occasionally go to the back of the counter; I have two persons who work in-doors, and several I employ out of doors; they have not access to my stock - this letter is the prisoner's writing, and is signed with his name. - (Letter read.)
Clerkenwell, April 26th, 1833.
To Miss Isabella Campbell - My dear Isabella; - I hope this will find you well, as it leaves me at present. I am sorry to say you will be under the necessity of coming to Hatton-garden on Tuesday next, to say I gave you the coral-necklace, the coral-snap, also the gold tops, and the garnet brooch which your father had. Do not say any thing else; perhaps they may ask you many questions, but you need not answer any unless you choose. I hope, my dearest love, you will come, or else I shall be kept until you do come. For God's sake come, and keep up your spirits, as I am almost certain it will be all right then, if not then, it will, of course, be right at the trial.
MR. ADOLPHUS to MR. COOPER. Were you at Hatton-garden? A. Yes; Miss Campbell did not come, I believe she is out of the way - I have been to Bristol in search of her.
Prisoner's Defence. I bought the brooch and the snap of Gleeson, and the coral-necklace of Mr. Couch - I used the gold in Mr. Cooper's business.
THOMAS GLEESON . I am a working-jeweller, and live at No. 19, Wynyatt-street. I know the prisoner - I cannot swear that he has bought a gold snap of me, but I have had such things in my possession, and it is probable he has - I cannot swear that he has brought a garnet-brooch of me; this brooch is not my manufacture, but I had such things in my possession, and he may have bought this of me.
MR. ADOLPHUS. Q.How long have you worked for Mr. Cooper? A.Seven Years; I do not put Mr. Cooper's private mark on articles.
WILLIAM MERLE . I am a jeweller, and live at No. 21, Pool-terrace, City-road. I know the prisoner; he has bought little articles of jewellery of me; he did not buy these tops of me - I have sold him gold tops and drops, but not of this pattern.
JOHN COUCH. I am a lapidary. I knew the prisoner, I did not recollect that I had sold him any thing, but he brought it to my recollection, and I rather think I did sell him a coral negligee, which has been made into a necklace.
GUILTY . Aged 21. - Confined Nine Months .
There was another indictment against the prisoner, on which no evidence was offered.
Fourth Middlesex Jury, before Mr. Common Sergeant.
SARAH HOW. I am the wife of Joseph How , of Cotton-gardens, Hackney-road. On the evening of the 8th of May, I left my house in company with my little girl named Eliza, to meet my husband - when I got to Shoreditch Church , there was a crowd which I went into; my little girl had hold of my hand - three or four persons surrounded me, and one of them struck me; the prisoner, who was one of them, took hold of my arms, and held them, so that I could make no resistance; and a man in a hairy cap and fustian jacket took three shillings and two sixpences from my pocket - my little girl said, "For God's sake don't murder my mother," and she ran away when she saw me struck - I kept my eye on the prisoner, and never lost sight of him for a moment till I gave him into custody of the policeman, and he was taken to the station - I can affirm that he is the man who held my hands at the time I lost my money; I had felt my money safe two minutes before.
Cross-examined by MR. PHILLIPS. Is your husband here? A. No; I have been married eight years, we were married at Aldgate Church - I made a charge of a similar nature to this against a woman who was tried in the Old Court; I swore to her, but she was acquitted - I was robbed of fifteen shillings then; I have been talking about this case - my husband and I were offered ten pounds not to come into court, but my husband said not ten pounds, nor one thousand pounds should prevent it.
Q.Did you ever say to anybody that you were very sorry you had not seen the prisoner before you found the bill, and you would not have done it? A.Never; I know Mr. Meek, he is the person who offered me ten pounds not to prosecute; he gave me his card to call on him, and I and my husband went together - I said to a woman that I was very sorry that I was obliged to come - I was very sorry the young man had been guilty of what he had, but I never said that if his father had come forward on Monday, and made proposals to me, I would have cleared the boy - I did not say I would instruct my child to say that she did know whether it was the prisoner - I don't know how the woman I swore against came to be acquitted; the jury found her guilty of an assault, and they said they could not find her guilty of that in that court.
ELIZA HOW . I am the prosecutrix's daughter. I am turned fourteen years of age - I was with her on this night I had seen her put some money into her pocket before she went to Shoreditch Church - I saw the prisoner and three others get round her; I recognize the prisoner as one of them, and while he held her arms one of the others put his hand into her pocket, and took the money; three of them then ran off, but my mother caught hold of the
Cross-examined. Q. You left your mother with the prisoner? A. Yes, against Shoreditch Church; the prisoner was taken in about five minutes; he could not have got away, my mother kept hold of him, and kept her eye on him - it was not my mother who told me to say I was fourteen years old, I am that age - she told me she prosecuted a woman for robbing her of 15s., but I was in the country at the time - I have been at home two years; she told me of it soon after I came home - I did not say that my mother was robbed of four bright shillings on this occasion - I did not see the man take the money out of her pocket; we were going to meet my father; it was about half-past nine o'clock - my father is a wine-porter .
JOHN DEVEREUX BOLTON (police-constable H 49). On the 8th of May, I saw a crowd opposite the church - the prosecutrix came to me, and called me, she was on the curb; she pressed on, and I followed her for about twelve yards; she passed through a number of persons and pointed out the prisoner to me, who was leaning against the rails, she said he was the man who had robbed her - the last witness said, "No, mother, it was a man in a hairy cap"- but the prosecutrix said he was with him; she said yes, he was - I asked her if she was positive he was the man - she said yes, she was; the prisoner seized me, and made no further reply - I then took him to the station; she then stated that he was not the man who robbed her, but that he had held her arms while the other robbed her.
Cross-examined. Was there not a great crowd assembled? A. Yes, a bell-ringer was dead, and they were ringing the dead peal over him; I suppose there were fifty or sixty persons there; the prosecutrix came out from the people, and called "Police" - she certainly had not hold of the prisoner at that time; she was going on towards him when she spoke to me - her back was towards me; I don't know whether she had been at a greater distance from the prisoner - her face was rather towards me when she spoke to me; I should think she could not be looking at the prisoner then - there certainly were some persons standing between the prisoner and her; she pointed the prisoner out to me when I came up to him; she had not hold of him in my presence.
Witnesses for the Defence.
WILLIAM MEEK . I am an iron-plate worker. I have known the prisoner eleven years - I live at No. 3, Somerset-place, Hoxton - the prisoner was five years and a half in my employ; he has borne a very good character - I never offered the prosecutrix ten pounds.
COURT. Q.Had you any interview with the prosecutrix? A. Yes, on Thursday last; I was walking in the Old Bailey-yard, I asked the prisoner's father which was the prosecutrix, and he pointed her out to me - I asked her if she was the prosecutrix of Allen, she said she was; I said I thought she was wrong in the identity of the person - while I was speaking to her an Irishman came up and said "The d - I of bit of necessity is there for this boy to go before the bar at all, come and have a pint of porter" - I went with them, and had a pint of porter; the man took the pot up and drank, and said "Two or three sovereigns will do away with this - you stop here, and I will go out and talk to her" - they went out and said three or four minutes - I then went out and said, "Well, have you any thing to say to me?" the man said, "She will do nothing without her husband, you had better tell her where you live" - I gave her my card, and at about nine o'clock in the evening she, and her husband, and a girl, came to my house - the man said, "What have we come for?" I said, "That is best known to yourselves;" her husband said, "She is not come here to be bribed;" I said, "She will not be bribed by me, I will not give one farthing" - there was a gentleman in my parlour at the time - the prosecutrix said,"I wish I had seen you, if I had, I would never have filed the bill, for by God I spent the last penny I had to do it; we have not a bit of bread, do for God's sake give me a shilling;" I put my hand in my pocket, gave her two shillings, and shut the door.
COURT. Q. Did it not occur to you that you had no business to enter into any communication with the prosecutrix, and to give her two shillings? A. No, not for a moment - I came here by the desire of the prisoner's father to give him a character.
MR. PHILLIPS. Q.Did she mention 10l. to you? A. Yes, she said 5l. or 10l.
- HORNBLOW. I am a trunk maker, and live in the City-road. I have attended to give the prisoner a character - I have heard Mr. Meek give his evidence, what he has stated is correct.
COURT. Q.Do you of your own knowledge know any thing of the prisoner? A.By his coming to me with goods from Mr. Meek - I was at Mr. Meek's on the evening when the prosecutrix called - I went to Mr. Meek's on business, and supped there - I must say I went by Mr. Meek's desire, as he expected the prosecutrix would call - I don't recollect that he stated he had given her his card; he thought it was a foul conspriracy against the prisoner, and that the prosecutrix would do anything for money - I knew the prisoner was charged with a capital felony, and that the prosecutrix was desired to call there - I went to witness what she might say - I did not see him give her two shillings, but I heard him say he did, as she had not a bit of bread to eat - I think the prisoner has left Mr. Meek a year and a half or two years - I have lived in the City-road thirteen years: I have two houses and two shops - I had not seen the prisoner after he left Mr. Meek's.
COURT. Q.How came you to busy yourself about it? A.Because I thought she was mistaken in the person - the reason I asked about the person was, I had lost a glass from my door, and I thought it might be the same person: I asked from curiosity - I had not seen the man who took my glass, but my lad did.
COURT. Q.What are you? A. A straw-hat maker - Mr. Meek came to me yesterday morning and said that was the prosecutrix, the prosecutrix then came up to me and said,"I suppose you think that young man innocent;" I said,"Yes, as innocent as I am; he lodged with me two years, and I never knew him to be out at night, or to keep bad company;" she then said, if his father had made proposals, she would not have come forward, but his father was so bounceable and so proud.
NOT GUILTY .
1103. JOHN WILLIAMS was indicted for feloniously breaking and entering the dwelling-house of Richard Attenborough , and stealing 2 pairs of pistols, value 2l.; and 1 pair of salt holders, value 5l. , the goods of Richard Attenborough and another.
JOHN BALLAM . I live with Mr. Richard Attenborough at the corner of Long-alley in Crown-street , his nephew, Mr. Richard Attenborough , lives in the house, and is in business with him. I don't know whether it is the house of the firm, or not - I don't know how the rent and taxes are paid - on Wednesday afternoon, the 1st of May, I was going towards the door, when a gentleman told me that three men had cut our window, and gone up Sun-street; I pursued, and saw a person who I thought had got the property; I went on to a second person, and he called to the prisoner,"Run it;" the prisoner then ran down Peter-street, and I pursued him; he turned into Dunning's-alley, which I suppose he thought was a thoroughfare, but it was not; and I came up to him and seized him; I kept him till I got assistance - we threw him on the ground, and while he was there he raised himself and turned from his pocket this pair of pistols, which are my employer's property - we got to the shop, and I found a pane of glass had been cut, and piece of glass had been pushed in - these pistols and salt holders had been within reach of that place.
Cross-examined by MR. HEATON. Q. Was it the window in Crown-street which had been cut? A. No, the side window in Long-alley; there is no shutter at the back of that window - I had my attention called to that window within twenty minutes, I know it was secure, and at that time I saw this property safe - our private mark is on this pair of pistols, it is Mr. Attenbrough, Seniors mark; I had them in my hand, and have cleaned them several times - the prisoner had got about forty yards from the shop, when he turned the corner; he was about twenty yards before me - it was rather dusky - there were not more than three or four persons round the prisoner when he dropped them; he scuffled with me, but I picked up this pair of pistols while we were scuffling; three of us could scarcely hold him; the scuffle lasted twenty minutes, but the pistols fell from him in two minutes - another of these pistols afterwards dropped, which I took up, but I did not see it drop from him.
JOHN HARDING . I live in Elder-street, and am a carpenter. I was passing Crown-street on the evening in question, I saw a gentleman go into the prosecutor's shop, and give information that some persons had cut the window and robbed them - I saw the witness in hold of the prisoner, who knocked him down almost, and began to fight - I saw the prisoner pull the pistols out of his right-hand pocket, and throw them close to my toes.
Cross-examined. Q. Can you swear that he took them out? A. Yes, Sir; I was close to him, and he kicked me- five or six persons had hold of him, and there were other persons came round; there might be eight or ten persons - he was on the ground when he took the pistols from his pocket - the witness took three of the pistols; another pistol and the salts then came from the prisoner's pocket; I took up these salts, and another man took up the odd pistol.
Prisoner. I never had the salts; I plead guilty to receiving one pair of pistols, but I did not have the others; I did not break the window - there were above thirty persons round us when the officer came up, I was under a cart, with seven on the top of me.
GUILTY of stealing only . Aged 22.
Transported for Seven Years .
OLD COURT. Monday May, 20th.
Third London Jury, before Mr. Recorder.
London, October 27th, 1832.
Messrs. Whitmore and Co.
Boyd, French, and Boyd.
2ND. COUNT for feloniously offering, disposing of, and putting off a like forged order for payment of money with a like intent, well knowing it to be forged.
In ten other counts he was indicted, only varying the manner of stating the charge; to which he pleaded.
GUILTY . Aged 47.
GUILTY . Aged 47.
GUILTY . Aged 47. - Transported for Life .
1007. MEDFORD JOHN SPRING was indicted, that he on the 23rd November , at St. Ann's, Blackfriars, having in his custody a certain bill of exchange for 29l. 14s. feloniously did forge thereon an acceptance of one JohnJames Walton , against the statute , &c.
2ND COUNT for uttering a like forged acceptance of a like bill of exchange, well knowing, &c. with a like intent.
Mr. CLARKSON conducted the Prosection.
JAMES WALTON. I am a timber-merchant , at Old Jamaica-wharf, Blackfriars. In November last year I had dealings with the prisoner for timber, and he offered me a bill of exchange in payment (looking at a bill), this is it - I objected to do it without further security; I made inquiry as to who the acceptor was; it was accepted at the time the prisoner gave it to me - it purports to be accepted by John Gore, and is addressed to John Gore, No. 2, Camomile-street, Bishopsgate - The prisoner at that time lived in Camomile-street, and was a carpenter. - I inquired and found Mr. Gore a butcher, in Camomile-street, was a respectable man, and I was satisfied - a Mr. Wagner came to me and gave me security as far as ten pounds if the bill should not be paid; he is in court; before Wagner came, the prisoner said Wagner was a surveyor, that he was doing a job under him, and he should call and speak to me as to his character, if I desired it - Wagner called and offered the guarantee before I made the inquiry - I asked the prisoner if Gore was a respectable man and how long he had lived there; he said he had lived there two or three years, that he was a butcher, and very regular in his business, and a steady man - I paid the bill into my banker's; it was a three-months' bill; it was returned to me on the 26th of February dishonoured; after that Mr. Wagner called to pay the ten pounds.
Cross-examined by MR. PHILLIPS. Q. Did you keep the bill after it was dishonoured? A.I did, till a few days before I applied at the Mansion-house, I had then given it to Mr. Newman, who applied to me for it, and gave an undertaking that it should be paid; he wished to have it for the purpose of prosecuting the prisoner - I believe he is an independent gentleman; I had seen him once or twice before - he gave me an undertaking for nineteen pounds the entire amount due on the bill - I am not at the expense of this prosecution.
JAMES GORE. I am a butcher, and live in Camomile-street, Bishopsgate. I know the prisoner - (looking at the bill), this acceptance is not my hand-writing, nor my name; I did not authorize anybody either to draw on me or accept that bill for me - there is no person named John Gore living at No. 2, Camomile-street; I have no relation of the name of John; my name is not John; I never accept in the name of John; I never accepted a bill in my life that I know of - I remember the prisoner coming to me on the subject of a bill two or three months back, I cannot be positive as to the time; I know well that it was before Christmas - he asked me whether I would accept a bill for him; I said, No, I would not; he said, "If you will accept a bill for me, I have a large job, and if I can get any body to accept a bill for me, we could get a load of timber in," (I did not at that time know Mr. Wagner), I said, I would not accept for my own brother - I saw him again a few days after; I was in the habit of seeing him every day, more or less, as he was a neighbour; he lived at No. 9, in my street; he said no more to me about this - at the time he asked me to accept the bill, he said the job he had was at Dalston - I saw some timber on his premises in a very short time after he asked me to accept the bill - I have two brothers, Thomas and Robert; they do not live with me - this bill was presented at my house in February, but I was out at the time; I never paid the bill - I met the prisoner about three weeks or a month afterward, (I had in the meantime heard of the bill being presented at my house) - I met him in Bishopsgate-street, and said, "Spring, you are a pretty sort of a chap, or fellow, to try to get me into this trouble, and ask me to accept a bill;" he said, "It is all right, it is paid, and you will hear no more of it" - I did not know the person of Wagner before I saw him at the Mansion-house - a person had called at my house respecting the bill, I saw that person; I am not able to say whether it was Wagner or not; I am quite certain I never have, under any circumstances, stated to any body that it was my acceptance, or done by my authority.
Cross-examined by MR. PHILLIPS. Q.Had you a conversation of some lenght with the gentleman who called? A.I had, he was a very few minutes with me; it was not a quarter of an hour - I do not recollect the person of Wagner; I cannot exactly state when the prisoner applied about the bill - I may have accepted a bill before I was in business, not knowing the nature of bills, but not since; I have been in business three years and am twenty-six years old - I believe I never did accept a bill; I swear I never accepted this bill - I never told anybody I had accepted this bill - it was presented at my house on a Monday morning, while I was at market, when I returned I was told a bill drawn by Spring had been presented - I think it was about two months ago - I went to the prisoner's house directly, to inquire for him, but he had left; I saw Mr. Newman there - I named this to a person in my street, and he told me if I had nothing to do with it to take no notice of it, and I did not - I am sure I told the gentleman who called that I had not accepted the bill; I cannot say how long that was before I was at the Mansion-house - I was present when Wagner was examined at the Mansion-house, but cannot say whether it was him that called on me about the bill.
MR. CLARKSON. Q.How soon after you heard of the bill did you go to the prisoner's house? A. The same morning, directly I returned from market; I found he had left - he never returned.
COURT. Q.Did you ever in your life sign your name to a bill as John? A. Never, it is not my writing, I don't know whose it is - my hand-writing is under the bill.
THOMAS URSDEN GORE . I am the brother of the last witness, I live at No. 227, Shoreditch, and am a scale-maker. I was in Bishopsagate-street, with my brother, when he met the prisoner; I think it was about two months ago - my brother, I believe, called him a pretty fellow to try to get him into such trouble - the prisoner said, "Mr. Gore, you need not trouble yourself, it is all settled, the bill is paid" - this acceptance is not my brother's hand-writing.
Cross-examined. Q. Did he not say, "You are a pretty fellow to get me into trouble by letting the bill be dishonoured?" A. No, nothing of the kind; he said nothing about the prisoner promising to provide for the bill; my brother has never accepted a bill since he has been in business.
The bill was here read, it purported to be drawn by M. J.
GEORGE NEWMAN . I live at Brixton-place, Surrey, I live on my property. The prisoner was a tenant of mine, he lived in a house of mine, No. 9, Camomile-street; he quitted it on Saturday, the 23rd of February - I have frequently seen him write - this bill is decidedly not drawn in the prisoner's hand-writing; but the acceptance is in the prisoner's usual way of writing - I first saw this bill of exchange on Monday morning, the 25th of February, the day it became payable; I was in the house - Mr. James Gore and another person called; I merely saw the bill - I said I had nothing to do with it; that Spring was gone; I presume they took me for Spring - I afterward went to Mr. Gore for the bill; in consequence of what occurred - this prosecution is instituted at my expense.
Cross-examined. Q. I believe you distrained on the prisoner? A. I did; he has brought an action against me since for defamation, but it is an action of robbery - upon his bringing the action, I endeavoured to find out what I had said, and found he was in debt to every body, and was a complete swindler - it was said,"defamation, nonsense, there is forgery against him;" and it was six weeks before I could find this out - I expect if he is convicted, it will be an answer to the action - that is one reason why I have taken this up, but it is the complete system of plunder; the man has brought several actions against me - Wagner was sent to entrap me - my object is the love of prosecuting such swindlers and wretches that I have been beset by; it is nothing but for the sake of public justice' - it will necessarily save me from the action - I stated at the Mansion-house, that the prisoner would have been ten quarters in my house, if he had stopped till Lady-day, and I had received but two quarters in money; the rent was fifty pounds a year - he has got the account - by my buying the fixtures, and work he has done, the rent is settled up to Christmas - I cannot say how much he owed me at Christmas, for he never paid me but by driblets - this is my receipt for twenty-two pounds thirteen shillings, (looking at it) - he does not now owe me a farthing for rent - I did not swear at the Mansion-house that he owed me money for rent; I said he owed me money - he has cut my house about - he was a carpenter, and I allowed him to do all the business on the estate - my sister died and I gave him the funeral; he said he was poor; and I advanced him twenty pounds, then twenty eight pounds, and altogether he drove the bill for the funeral up to one hundred and nineteen pounds, odd- this receipt, (looking at it) is my wife's writing; it is for a quarter's rent due at Christmas, but his bills are included; it was not paid in money - I understood he has brought two actions against me; it is an action of trover- the action is for detaining pieces of wood - I never saw Wagner in my life till he called on me - I saw him at No. 3, Broadway, Doctors' Commons - I went to him after he had called on me, to give him a job to survey a house, as he told me he should be a considerable loser by Spring - I did not know him till Monday the 25th, when he called on me.
MR. CLARKSON. Q.Wagner called on you on the 25th? A. Yes, the very day the bill was presented, about a quarter of an hour after; he did not speak favourably of the prisoner - the receipts produced were given on the balancing of accounts between us, allowing for work which he had done - I never received but twelve pounds from him in money - I was examined at the Mansion-house by desire of the prisoner's solicitor.
JURY. Q. By whom was the bill brought to the prisoner's house on the 25th of February? A. By Mr. Walton, the holder, and Mr. Gore, who said it was neither his name nor hand-writing, and he wrote on the bill "The above is neither my name nor hand-writing, James Gore ."
Mr. SARSON. I am an attorney, and live in Broad-street-buildings. I know the hand-writing of the prisoner, and have often seen him write; (looking at the bill) I believe this acceptance to be his hand-writing.
Cross-examined. Q. Are you attorney for Mr. Newman? A. I am in the action, but not in this prosecution, and have no interest in it.
MR. CLARKSON. Q.Look at the name of the drawer? A. I believe that is not the prisoner's writing, but the indorsement is his hand writing.
Prisoner's Defence (Written). Mr. Newman distrained upon me for rent - all accounts between us were however settled, (and although he had the cruelty to insinuate on my examination before the Lord Mayor, among other things equally untrue, that, I had been in his house ten quarters, and he had only been paid two) a balance of about nine pounds was found to be due to me after paying all the rent due to him. Upon this settlement I quitted the premises and the neighbourhood, as I felt myself disgraced by the distress put in by Mr. Newman; although it proved there was nothing due to him, and as he still retained possession of some property belonging to me, I commenced legal proceedings against him; and to get rid of the consequences, do I attribute the persecutions of Mr. Newman, for he afterwards called upon a Mr. Greig, who had accepted a bill for me, and insinuated that it was a forgery, which Mr. Greig denied - with Mr. Gore, whose name I am this day charged with forging he succeeded, and has prevailed upon him to deny his acceptance to the bill. Gentlemen, it is necessary I should explain under what circumstances I obtained Mr. Gore's acceptence: - I had been employed by Mr. Wagner, to do the carpenter's work of some houses at Hoxton; Mr. Walton, the timber merchant, would not let me have the timber without I gave him some security, and Gore's acceptance was obtained and deposited with him; at which time I also paid him ten pounds, and I prevailed upon Mr. Wagner to pay him ten pounds more, on account of the work I had done for him: at this time Mr. Newman well knew I had credit with Mr. Walton, and that this bill was becoming due, and I believe was in possession of my house when the bill became due, and was presented to Gore, and who sent the notary's clerk to my house, from whom I believe Newman received the ticket. Up to this time, nor for two months afterwards, had an insinuation been made against me, that the bill was a forgery; on the contrary, Gore, on my wife's going to his shop for meat, had, upon more than one occasion, said he hoped I would be prepared for the bill (but I am deprived of her testimony, as I am advised the law will not allow her to be a witness for me) and after I had left the neighbourhood, I got Mr. Wagner to call on Gore to tell him not to make himself uneasy about the bill: to him Gore did not say one word about its being a forgery, but said he only did it to assit me. There is one circumstance I should explain to you, - when
JOHN WAGNER. I am an accountant; I live at No. 3, Broadway, Doctors' Commons, Blackfriars. I had employed the prisoner to do builder's work for me at some houses; he was going on with them when I paid Mr. Walton ten pounds on account of this bill - I called on Gore very shortly after the bill became due; I introduced myself by saying, "I believe you are the acceptor of a bill now in the hands of Mr. Walton?" Gore replied, somewhat pettishly,"I know nothing at all of it; I cannot pay it; I only did it to serve him" - I had known Spring about three months, he conducted himself as an honest, although a poor man - I have paid him nearly a hundred pounds.
MR. CLARKSON. Q. You had a high opinion of him? A.I had a good opinion of him as an honest industrious man; he was not in my debt, except as to the guarantee.
Q.Have not you said he was in your debt to the amount of forty pounds? A. I think not; I cannot answer further than that - I never represented that he was a very wicked man, and had robbed me of forty pounds - I saw Mr. Newman at the house in Camomile-street two days after Spring had been destrained on - it was the day the bill became due - Walton called on me to inquire the character of the man, and I called on him afterwards on Christmas morning, Spring was not in my debt then, but finding my job was going on rather slowly, I gave the guarantee to further the job and serve him; he was working on a house belonging to a party for whom I was concerned, named Bishop - Coster was not concerned in it; I swear he had nothing to with it; I did not know him - Bishop lives at Dalston, he is a poor builder, who has been unfortunate; he applied to me to assist him; I finished the carcased, and by that means the job got into my hands; his application to me was to aid and assist him to complete them, and perhaps to advance some portion of money, entirely as an agent - I am an accountant and agent, I don't call myself a surveyor, I will not swear I never called myself a surveyor; I have been a linen-draper; I have been a bankrupt and paid sixteen shillings and tenpence in the pound, at the age of twenty-three; I don't believe that I ever called myself a surveyor.
Q.Have you not represented yourself as employed to survey houses for Mr. Rhodes? A.Certainly not.
Q. Have you represented yourself as connected with Mr. Rhodes? A.Only as regards these carcases, which are on his estate; I called myself before the Lord Mayor an accoutant and conveyancer, I have not taken out a certificate as a conveyancer; I am not yet admitted at any inn of court, nor am I a student at any inn at present - I did not tell Mr. Newman the prisoner had robbed me of forty pounds, nor that I was very much inconvenienced for want of the money; I did not ask him to employ me as a surveyor; he asked for my card, and said he might put business into my hands; I did not say I was surveying houses for Mr. Rhodes, at Dalston - Mr. Newman called on me in Broadway, and said, he wanted me to value the dilapidations of a house; I said my time was so occupied that I could not undertake it at present; we talked about my terms; he said "Have you seen Spring lately, how is he going on?" I said, rather indifferently, and then we parted, for I had several parties waiting for me up stairs.
Q.When you saw Newman at Camomile-street, did you complain of the prisoner's conduct? A. As far as related to the job I believe I did, as it went on slowly; I did not say he was a d - d rascal, I might say he was a rascal, and believe I did after Newman had made his statement to me, but I afterwards enquired into the truth of what he did say - I told Spring what Newman had said against him in a fortnight or ten days, and an action was brought against him; I was applied to as a witness.
MR. PHILLIPS. Q. Did you satisfy your mind upon enquiring that Mr. Newman, either mistakenly or designedly, told you what was wrong? A. Yes, I endeavoured to satisfy myself, and then mentioned it to Spring.
COURT. Q.When you called on Mr. Gore, had you the bill in your hand? A.Certainly not; I had not seen it, I did not think it necessary to tell him how it was accepted; I applied to him as the acceptor; I swear positively he said he did it to oblige Spring, I knew nothing about the bill, except paying the ten pounds, till about three weeks ago; I saw the ten pounds written on the back of it; I paid the ten pounds after it was due on the 27th of February; and about three weeks ago Walton applied to me to see Newman - he told him it was a forgery; I said it could not be, and told me if Newman would pay him, by all means to take the money - I knew where Gore lived when I paid the ten pounds; Walton had told me it was accepted by Gore, a butcher, in Camomile-street; I cannot recollect whether he told me his christian name; the bill was never in my possession.
Q.Did you ask Gore how he could know nothing about it if he accepted it to serve the prisoner? A.No; I thought it proceeded merely from his manner; I had no further conversation with him about the acceptance - I have seen the prisoner write; I should say the signature M.J. Spring, to the bill, is not his writing, the indorsement I should say is his writing.
JAMES WALTON. I received the bill on the 23rd of November.
MR. PHILLIPS. Q.When did Wagner agree to the guarantee? A.It might be about Christmas; I had some doubts about the bill and he gave the guarantee to strengthen it; I had not then delivered all the timber.
MR. PHILLIPS. Q.What took you to Spring's house, where you first saw Walton? A.I had sent my servant with a note to Spring's on the previous day, (Sunday,) he brought an answer that he had been distrained on; I went to discover where he was gone.
GUILTY . Aged 30. - Recommended to mercy.
Transported for Life .
GEORGE MENCE BOYES . I am an auctioneer , and live in Princes-street, Bank. On the 12th of May, about half-past one o'clock in the day, I was going along Fenchurch-street , I had a handkerchief in my outside coat pocket; I felt something touch my pocket, I turned round and saw my handkerchief in the prisoner's hands, he had two companions with him, who went off the moment I laid hold of him; he scuffled very severely and struck me on the face and got away, he was secured in two or three minutes, but I never lost sight of him.
Prisoner's Defence. I was coming along Fenchurch-street, two more boys were behind the prosecutor; I was passing him and the handkerchief fell, I went to pick it up, Mr. Boyes turned round and said it was in my hand, but it was on the ground; he said he had transported one before, and would transport me for life.
GUILTY . Aged 17. - Transported for Life .
Second Middlesex Jury, before Mr. Recorder.
NOT GUILTY .
1010. GEORGE JENKINS was indicted for stealing, on the 11th of May , 50 pieces of ribbon, containing 1800 yards, value 7l.; 29 half-pieces of ribbon, containing 520 yards, value 14l.; 2 pairs of gloves, value 3s.; and 1 box, value 2s. ; the goods of Thomas Carlisle , and others.
JAMES CULVERWELL . I am a partner in the house of Thomas Carlisle and others, in Vine-street, Mereford-street, Bristol. The prisoner lived in our employ there for ten or twelve months - I received information last Monday morning that he was in custody - he left us in April - I discharged him for being out all night; I did not miss these goods, for our stock is very numerous; I came to London, in cosequence of information last Friday, and saw the prisoner on Saturday in custody; I did not tell him the charge, he admitted to me that he had stolen a quantity of goods; I neither threatened nor made him any promise; the articles stated in the indictment were brought to Hatton-garden; the fifty pieces of ribbon I did not see, only the twenty-nine half-pieces, part of them were on rollers and had my own mark on them.
PHILIP FREEMAN . I am a linen draper, and live in St. John-street, Clerkenwell - the prisoner came to our house three times to offer ribbons - I saw him the second and third times, I bought of him, on the 1st of May, twenty-four pieces of black ribbon on rollers, and on the 10th of May, we bought of him fifty-two half-pieces on rollers; I paid for them three shillings and three pence a-piece, which contains thirty-six yards, they were on rollers; the goods bought on the 10th of May were five-pence or sixpence below the market price, and we suspected from that, the did not come honestly by them and detained him, we asked how he came by them, he said his name was George Noble - on my very closely questioning him, he said he was a traveller, that his name was not George Noble, but he travelled for George Noble & Co., of Bristol, and his name was George Jenkins, and that he lived at the corner of Bond-street, in Piccadilly; I found that false and gave him into custody; I made inquiry in the mean time, of different houses, and ascertained that the goods had been bought in Oldchange, by the prosecutor, and I caused information to be given to him; he afterwards told me that he lived in Clare-court.
THOMAS SINNOTT . I am a policeman. I have twenty-nine pieces of ribbon which Freeman gave into my charge; the prisoner was given in charge also - I produced them at Hatton-garden, Mr. Culverwell claimed them.
MR. CULVERWELL. My own mark is on some of them, and some of the marks are rubbed off - the prisoner never bought them of me, he was not in the habit of buying articles - I found an inventory of goods in his box, value fifty pounds, which he said he had taken.
WILLIAM BAKER ASHTON . I am a policeman. I searched the prisoner's lodging, No. 24, Clare-street, Clare-market - I had information from a gentleman that lived there - I found in a box several papers with the private mark of the prosecutor on them, and the box is directed to him.
GUILTY . Aged 19. - Transported for Seven Years .
JAMES EVANS . I am a tobacconist , and live in Bishopsgate-street. On the 18th of May, about a quarter-past ten o'clock in the morning, I was in Long-alley, Moorfields - I put my handkerchief into my pocket when I went out - I had been out about twenty minutes; I don't recollect using it afterwards - I felt two men pressing very close on my back, the prisoner is one of them - I immediately turned round, and thought I saw my handkerchief in the prisoner's possession, tucked under his jacket - I attempted to seize him, his companion obstructed me by placing his foot against mine, and placing himself before me, which gave the prisoner an opportunity of running away a few yards; I overtook him afterwards - my handkerchief was brought to me at Bishopsgate watch-house - I set off in pursuit of the prisoner and secured him; I saw no more of his companion, I think I should not know him again - the handkerchief has my initials on it.
THOMAS BOLTWOOD . I am a policeman. I assisted in securing the prisoner; I received him in custody from a witness named Burnham; he said he had done nothing - the handkerchief was shown to Mr. Evans who claimed it.(Property produced and sworn to.)
WILLIAM BURNHAM . I am watchman of Bishopsgate - I was fetching a pail of water and the prisoner ran by me; there was a cry of "Stop thief," I put down my pail and secured the prisoner, and gave him to the policeman.
GUILTY . Aged 18. - Transported for Life .
WILLIAM THOMAS. I am in the general-clothing way, and sell shoes . I live in Shepherdess walk, City-road . I have a partner - on Saturday the 27th of April, about eleven o'clock at night, I missed these things - I had been showing them to a customer about six or seven o'clock; they were in a glass case in the shop - the prisoner worked for me and had access to the shop; I had missed a great many things, some of them during that week, and mentioned it to the policeman; I did not miss these shoes till the Saturday night - I found the prisoner in custody, on another charge, and duplicates of these articles were produced to me - I afterwards went to the pawnbrokers with the policeman.
Prisoner. Q.Could I get access to behind the counter? A. Yes; but these were not behind the counter - he came to the shop to bring his work in; and sometimes shut it up for me; my apprentice was in custody with him - I have at times found my shop door open.
JOHN HARRISON CLARK . I live with my father, who is a pawnbroker in Old-street. I took this waistcoat piece in pawn, but I don't recollect the prisoner; and I took in the shoes - three shillings was advanced on the shoes, and one shilling on the waistcoat piece - I cannot be certain the prisoner pawned them - it was on the 25th and 27th of April - I saw him in custody on the Tuesday - these are the duplicates which were given to the person - they are pawned in the name of Thomas Jones.
STEPHEN PLANK . I am a policeman. I took the prisoner in charge about two o'clock on Sunday morning, on another charge; I searched him and found five duplicates on him, one for a pair of shoes, another for two waistcoat pieces.
Prisoner. Q.How long was I in the watch-house before you searched me? A.You might be ten minutes, you could not have destroyed the duplicates, as too many were present.(Property produced and sworn to.)
Prisoner's Defence. I left his shop about half-past ten o'clock, and was returning down Shepherdess-walk; I observed a piece of paper on the ground, took it up, and it contained three duplicates, which I put into my pocket; I went to the public-house and was taken on a false charge; I intended to ask if they belonged to anybody about there.
GUILTY . Aged 22. - Confined for Three Months .
MARY ANN LAMPKIN . I live in Union-street, Kingsland-road. On the 10th of April, I let the prisoner a wheelbarrow, it was to be brought home the same night; I have not see it since - the prisoner was brought to me last Friday week and said, he had lost it from a shop-door where he was delivering goods; at first he said he lost the goods and all, and afterwards said he had delivered the goods first.
NOT GUILTY .
GEORGE NEWPORT . I lost two coats from my house on the 17th of April, from my box in my bed-room - I heard some persons were in my house about half-past four o'clock in the afternoon, and saw two men in the street, one of them had my coat on - I believe the prisoner to be the very man who had the coat on, but he was at too great distance for me to swear to him - I believe him to be the man - the coat was afterwards taken from a coach, and two others which he is now indicted for we took off his back; it was three quarters of an hour after the robbery.
NOT GUILTY .
Third London Jury, before Mr. Common Sergeant.
1015. HENRY COHEN was indicted that he, on the 20th of March , did receive and have of a certain evil disposed person, 2 promissory notes, for the payment and value 10l. each; and 2 promissory notes, for payment and value 5l. each, the property of our sovereign Lord the King , which had been lately before stolen, he well knowing them to have been stolen against the statue , &c.
MESSRS. ADOLPHUS and SHEPPERD conducted the prosecution.
JOHN PIKE. I am a cheese-factor , and live at Fisherton, near Salisbury. On Sunday, the 3rd of March, I had occasion to make a remittance to Hooper and Askew - I was to send them one hundred and eighty-five pounds - I gave my wife about one hundred and forty or one hundred and forty-five pounds in Glastonbury notes for that purpose, and desired her to make up the quantity one hundred and eighty-five pounds, and remit it in a letter; on Tuesday morning I had information that it had not arrived.John Hooper , to take to the post; I sealed it with a wafer and wax in the middle and at both ends, and directed it to Hooper and Co., No. 168, Upper Thames-street, London; I gave it to him about half-past seven o'clock.
Cross-examined by MR. PHILLIPS. Q.How many different notes did you send in the letter? A. Twenty-six- Hooper was present and counted them as well as me; this is the memorandum I made at the time; it has the number and date of each note.
JOSEPH HOOPER . I am nephew of Mr. Pike. On the 3rd of March Mrs. Pike gave me a letter to put into the post; I put it in before half-past seven o'clock in the evening, into the London post at Salisbury.
ALEXANDER HAYWARD MINTY . I am post-master of Salisbury. If this letter had been put into the post before nine o'clock, it would arrive in town next morning; the bag was made up and forwarded to London that night.
Cross-examined. Q. Did you make it up yourself? A. I did that night I am certain.
Mr. ADOLPHUS. Q. Is this letter bill made up in your hand-writing? A. It is.
Cross-examined by MR. CLARKSON. Q. Whether there was a letter in it directed to Hooper, and Co. you cannot tell? A. No.
THOMAS LUFF . I am a letter-carrier in the post office. It would be my duty to deliver all letters for Hooper and Co., Thames-street - on the 4th of March I delivered them only one, and that was all that was given me to deliver - I sometimes deliver them to a boy.
WILLIAM ASKEW . I am a cheese-agent and one of the firm of James Hooper and Askew; there is one other partner. On the morning of the 4th of March, a letter was delivered to me by the last witness; I recollect it; this is the letter, it came from Hull - I received no letter from Salisbury that morning, and have never received the one enclosing one hundred and forty-five pounds.
Cross-examined by MR. PHILLIPS. Q.Is it the duty of other persons to receive your letters? A. The postman gives them to whoever is present - we have only one clerk; we have a warehousman and two boys who sometimes receive letters, but Crook is the only one in the counting-house - no third person has any share in our business.
WILLIAM SIMPSON . I am clerk to Messrs. Masterman and Co., who are agents to the Glastonbury bank. On the 20th of March, the prisoner came to our house, and brought two 10l. and two 5l. Glastonbury bank notes, which I produce; we had received a notice about Glastonbury bank notes before that - I at first asked him what he would have for them, and then referred to the book, and saw they were part of those desired to be stopped by the Post-office solicitor - he said he would have gold for them; I asked his name and address; he said Cohen, Edgware-road - when I found they had been stopped, I went and spoke to one of the principals, and showed him the notes, and Mr. Oxley required Cohen to come and speak to him - he told Cohen the notes had been stolen, and payment was stopped by request of the Post-office - he was then asked if he had any objection to go to Hooper and Co., Thames-street- he said no; I went with him to Hooper and Co., and saw Mr. Hooper, and told him the notes had been presented for payment; he requested me to walk to Mr. Peacock's office with Mr. Cohen - which I did, and saw Mr. Peacock, and told him what took place, and the prisoner was detained - I asked him how he got the notes; he said he took them from two men who were going to St. Katherine's-docks to take a passage to New South Wales; and at Mr. Peacock's office, there was a conversation; a Mr. Ramsay was present, he and I went into Mr. Peacock's room together; I had shown Ramsay the notes before I went into the office; I met Mr. Hooper at the Post-office - Mr. Peacock, when he first saw the prisoner, seemed very much surprised, and said,"Mr. Cohen, is it you?" - and questioned him how he became possessed of the notes - he said he took them of two men who came to his shop, and bought goods to the amount of 24l. or 25l. - their name and address were not on the notes, but the prisoner's name and address had been put on since - he said he had them from two men going to New South Wales - Mr. Peacock said that it was, (I think,) the third or fourth time he had had stolen notes in his possession, the prisoner replied that it was only the third time.
Cross-examined by MR. CLARKSON. Q. The notes are payable at your house? A. Yes - I did not know the prisoner before, but his house of business was known to our house, we occasionally had bills accepted by him in our hands - there was nothing whatever written on the notes when he brought them; he went with me willingly to my principal; we had received notice of the notes having been stolen about a week before, or more - he went readily with me to Mr. Hooper, and gave his name and address at once; he observed, as we went to Hooper's, that he had a cheque on Messrs. Scott, in Cavendish-square, which he wished to get cashed, and when it was proposed to go to Messrs. Peacock's office, he wished to go to the Minories - a 100l. note, and the cheque he spoke of was found on him; these bills of his have all passed through our house - (looking at them) they amount to above five hundred pounds.
MR. ADOLPHUS. Q. Did any bills of his pass through your house under suspicious or dangerous circumstances? A. Some notes which had been received from him, for his acceptances, had been stated to be stolen - I should not have detained him if he had not gone willingly with me, as his name was known at our house.
JAMES HOOPER . I am in partnership with Mr. Askew. On the 20th of March, I remember going to Mr. Peacock's office in the Post-office; the prisoner and last witness were there, and Mr. Ramsay - when the prisoner was brought in, Mr. Peacock said, "Mr. Cohen, is this you again?" his answer was, "It is" - Mr. Peacock said,"How did you come in possession of these notes?" he said, "I took them of two men, I have not their names; they were going to St. Katharine's-docks," that he sold goods for the notes, but did not recollect what kind of goods - Mr. Peacock observed, "It is very strange, you took these notes on Monday; this is Wednesday, and you do not recollect what you sold them for; come, try and recollect" - he said, "Well, perhaps half a dozen pair of trousers, as many jackets and stockings" - Mr. Peacock said, "How did they take them away?" he said, "In bundles" - Mr. Peacock said, "They must be very large bundles to amount to twenty-three or twenty-four pounds;" and the prisoner accounted for about 7l. or 8l. worth - the prices were asked; I believe he did not mention the prices, but the calculations were made by Mr. Peacock and myself - Mr. Peacock told him, according to calculation, they would not amount to above seven or eight pounds, they would not exceed ten pounds; he stated that to the prisoner - to my best recollection I heard him say so, and then he asked him who was in the shop at the time he sold the goods, whether his shopman was there; he said No; he was asked "Where was your shop man?" and said, "Out, collecting" - he was asked,"Where was he gone?" and said, "I don't know" - "At what time did he go out?" "At two o'clock" - "When did he return?" "I don't know, I cannot recollect, but I believe it to be about tea-time, about five o'clock" - "Was any other person in your shop?" "There might be part of my family, my children" - he was asked if he could not recollect the men if he saw them - I believe he said,"I did not know them" - Cohen demanded the notes; Mr. Peacock said he should not give them up, it was a case which will require very serious investigation, and Mr. Peacock said, "I believe this is the fourth time you have been here" - his answer was, "It is only the third," or,"It is the third."
Cross-examined by MR. PHILLIPS. Q. Do you mean to represent, that Mr. Peacock mentioned the particular sum? A. He said it would not exceed ten pounds; the prisoner was in the room, but I don't know whether he spoke to him - I have no doubt he heard it, but cannot be certain; he was a few yards from Mr. Peacock, who addressed himself to all who where present, not the prisoner in particular, it was a general observation - I believe it was said that was but a small proportion; he said he kept no books - we did not ask him the price of each article; I made a calculation being competent to do so - according to the things generally sold in such shops, which are usually a low sort of things; I was never in his shop; I fixed a very low price.
Q. Did you understand them to be second-hand clothes? A. No, but low-priced, as it is a clothes-shop - I never dealt in clothes; I once bought a low-priced top-coat for a person at one of these shops; he said he sold them to two men, and it is natural to suppose, if he called them men, they were not gentlemen - I believe Edgeware-road is not a very respectable place, not the part I am speaking of - I live in Guildford-place, Wilmington-square.
MR. ADOLPHUS. Q. Was the observation about the goods not exceeding ten pounds made by you or Mr. Peacock? A. I believe Mr. Peacock said so, or within a very few minutes I made the observation; Mr. Peacock said, "Don't you keep books?" - he said, "Not for daily taking, but for accounts."
ROBERT WILLIAM PEACOCK . I am brother to the solicitor of the Post-office. I assist him in his business - I was present on the 20th of March, when the prisoner was brought before him and examined respecting the notes- I took down in writing what passed - I only made memorandums, but not of every thing that passed.
MR. PHILLIPS. Q. Did you not take down what you thought principally made against him? A. Not exactly; I took down what I thought right to refresh my memory.
COURT. Q. Refresh your memory by these memorandums, and state what passed? A. On his entering, the solicitor said, "Mr. Cohen, is that you?" he said, "Yes, it is" - he said, "Have you presented these notes at Masterman's?" he said, "Yes, I have" - "How did you become possessed of them?" he said, "I took them on Monday afternoon last of two persons," that he did not ask their names; they had come in to fit themselves out, and were going to New South Wales; they purchased different kinds of articles - he was asked to enumerate them, and said he could not - Mr. Peacock said, "You must recollect this was only last Monday" - he said, There might be half a dozen pair of trousers, stockings, and shirts, and he could not recollect any thing more - he was asked what amount the goods came to; he said about twenty-three or twenty-four pounds - it was suggested to him that these articles could not amount to that, but he could not recollect any others which he had sold- Mr. Peacock said, "Mr. Cohen, you must remember this is the fourth time stolen notes have been traced into your possession" - he immediately answered, "No, Sir, it is only the third" - he said he made no entry in his books, and could not give us the particulars of the articles, that his shopman was gone out collecting debts at the time, but he could not recollect where; that he had written several letters, he did not know to whom; that nobody was present but his wife, or some part of the family - he afterwards said, the two persons had other notes in their possession; it was remarked to him, that the articles he had sold must be very large to amount to twenty-three pounds - he said, they were rather heavy, that he made them up in two parcels of brown paper; he gave one to each, and he understood they were going in an omnibus - I afterwards went with an officer, and searched his premises, and found several letters.
Cross-examined by MR. CLARKSON. Q. Did you take down the number of articles he said he had sold? A. No, I have taken down jackets, shirts, and trousers, I believe I before mentioned stockings instead of jackets - I believe he mentioned four articles; on a second conversation with him going to Bow-street, he told me the number of the articles he had sold; I am not aware that much more passed than I have taken down, but I was not in
COURT. Q. What, in your judgment, is the value of articles exposed for sale there? A. Some, I should think, not worth more than one shilling and sixpence; there were coats perhaps as high as fifty shillings; it appeared a new and second-hand clothes shop.
MR. ADOLPHUS. Q. It was in the course of your duty to make such inquiries in the Edgeware-road, as you thought proper? A. It was; I only formed an opinion of the value of the articles - I believe as I left the office, my brother was putting a value on the different articles which the prisoner had said he had sold - the prisoner has surrendered here to take his trial; he was bound under a recognizance of one hundred pounds, and four sureties of one hundred pounds each; the prisoner said he had sold goods to the amount of twenty-three or twenty-four pounds for the notes; I understood him to mean that he had given change for the rest, but he did not say so.
Prisoner's Defence (written). On the 18th of March last I was at Mr. Flint's auction-rooms, a few doors from my own house, when my son came and told me that two men at home wanted to purchase some clothes. I asked him if James (meaning the shopman) was at home; he said no. I then left the rooms; when I came home there were two respectable looking men in the shop, who said they were recommended to me to purchase some goods, and that they had come from the country: they each selected goods to about 11l. or 12l. They each paid me a 10l. and 5l. note of the Glastonbury bank, payable at Masterman and Co.: after referring to my Directory, I found the firm to be good. I had no hesitation in taking them, I gave each of them their change. I then packed the goods in large sheets of paper, and they took them, saying they were going to St. Katherine's Docks, and they would take the omnibus: they each took their parcels, and left the shop. I then returned to Mr. Flint's auction-rooms. On the Wednesday following I was going to Leaf, Son, and Co., Old Change, to purchase a quantity of shawls, when I went with the notes in question to Masterman and Co. to get them changed. I presented them to Mr. Simpson, he asked my name and address, which I gave him; he then left me at the counter several minutes, when one of the principals came out and said he was sorry to inform me, but that these notes were stolen from a post-office letter, and Mr. Peacock had stopped the payment of them: he then asked me if I would accompany Mr. Simpson to Mr. Hooper in Thames-street, I said certainly. Mr. Simpson and myself went in together to Mr. Hooper, and on the way Mr. Simpson asked me how I came in possession of the notes. I told him as above stated: when we came to Mr. Hooper's, Mr. Simpson informed him I had tendered the notes for payment. Mr. Hooper said he could not say anything to it, but that we had better go to the Post-office. We then went together. Mr. Peacock asked me a great many questions how I came in possession of the notes, which I answered him in the same way as I did Mr. Simpson; he then put a great many more questions, which I answered, not knowing he intended to make my answers evidence against me, and to detain me; if I had known that I would have reserved my answers until I came before a magistrate. Mr. Peacock then asked me if I had any objection to be searched, I said I had none. An officer was sent for, he found in my possession nearly 200l. for which I gave a satisfactory account, and it was returned to me. Mr. Peacock then asked if I would allow an officer to search my house, I said I had no objection; and I gave Mr. Peacock the key of my desk. Mr. Peacock with an officer took me to Bow-street, and left me in custody at Bow-street. They would not tell any of my family where I was, until they had done making the search, which took some time; but what I had said at the Post-office was confirmed by my family at home, although none of them knew where I was at the time. Mr. Peacock and the officer returned to Bow-street. I was then taken to a private room before Mr. Minshull, and without being asked one single question as to the possession of the notes, was remanded to the House of Correction, and there kept in solitary confinement, at the request of Mr. Peacock, until the Saturday following; when, after the evidence being gone into, the magistrates were inclined to discharge me; but Mr. Peacock said, if the magistrate would remand me, he had no doubt he could bring further evidence against me; upon that the magistrates remanded me for a week. At the next examination Mr. Peacock failed to bring any further evidence against me, but requested the magistrate to hold me to bail to answer any charge that might be brought against me, when I was held in two sureties of 50l. each. A day before the last sessions Mr. Peacock called on me, and said it was their intention to prefer an indictment against me. I rendered at the last sessions, and at a great expense I put off the trial, using every means in my power since to trace the guilty party implicated, but have failed to do so. Gentlemen, I have taken these notes in my business, and I am entirely innocent of any guilty knowledge; if I had I would not have gone to Messrs. Masterman and Co. where I must have been well known, having paid at that house monies at different times to a large amount, for bills of exchange accepted by me. I have been in business upwards of twenty years; during that time I never let a bill go unpaid, and up to this present day my credit in the City of London is unlimited; so that I could, at a very short notice, obtain credit to a large amount. If I had been disposed to be dishonest, I could have done that which this court could not have interfered with me for. I return in my business between 4000l. and 5000l. per year, how then can I avoid those impositions being practised on me? If I refuse to take notes, I may as well shut up my shop, as some weeks I take 60l. or 70l. in notes; and am in the habit continually of taking country notes, living near the Paddington-canal, where boats come from all parts of the country, and coaches also. I usually look to my Directory, and if I find the bank good, and the notes payable in London, I never hesitate taking them. I had witnesses at the Bow-street office that would have proved my innocence, but the magistrates did not consider it a case to send to a jury, therefore I had no defence to make. Mr. Peacock summoned two persons from my neighbourhood to give evidence against me at Bow-street - when they came there Mr. Peacock examined them privately, and finding their evidence went to serve me, he did not call them. Would any body but a madman have gone himself to the house of Masterman and Co. knowing the notes to have been stolen, and have given his own name and address? 2ndly. Would I have waited; when I had many opportunities of going away, never being in custody until Mr. Peacock had arrived some time? I could easily have left Mr. Simpson, but I willingly went, after I was informed by Mr. Hooper that the notes were stolen. I trust, gentlemen, that these facts, with my character, will at once satisfy you of my innocence, and restore me to my wife and ten helpless children.
Charles Barker , hair-dresser, Edgeware-road; Isaac Cohen of Great Alie-street, Goodmans-fields; John Dent , linen and woollen draper, 31 and 32, Crawford-street; John Unit , baker, 112, Edgeware-road; George Bates , Edgeware-road; William Maynard , baker, Upper Lisson-street; Alexander Jones , tailor. 10, Old Kent-road; William Webster, London-street, Edgeware-road; Matthew Weedor, Lisson-grove; John Higginbotham , gentleman, Charles-street, Lisson-grove; Myer Myers , hat manufacturer, Houndsditch; William Grub , plumber, Harrow-road; John James , gentleman, Harrow-road; Thomas Kingham , mercer, Portman-place; Henry James , baker, Stor-street, Edgeware-road; John Chambers , glass-cutter, Lisson-grove; John Lindsey , Edgeware-road; Abram Ackroyd , Exeter-street, Lisson-grove; Henry Charles Bell , clerk of Trinity district, St. Marylebone; and Abraham Harris , King-street, Tower-hill, gave the prisoner a good character.
GUILTY . Aged 43. - Transported for Fourteen Years .
1016. CHARLES SUMMERS , WILLIAM NIGH , and THOMAS FIELD , were indicted for feloniously breaking and entering the dwelling-house of Joseph Groves on the 1st of April , and stealing 2 wooden bowls, value 6d.; 20 crowns; 80 half-crowns; 30 shillings; 20 sixpences; 800 pence; and 800 halfpence , the property of Joseph Groves .
MR. ADOLPHUS conducted the prosecution.
JOSEPH GROVES . I am a butcher , and live in Bishopsgate-street Without . On the 31st of March, I shut my doors and went to bed, but I was not the last person up - in the middle of the night I was called up by Mr. Jones, who keeps a public-house next door to me; he told me my back premises were all open; they had been shut the night before, and fastened inside with a bar - there were no marks of any violence whatever, but the bars were all undone, and the doors were open - I had about twenty-two pounds in crowns, half-crowns, and shillings, in my counting-house - I had a bitch there which had two pups, one of the pups died, the mother was very ill, but did not die - when I came down the officers were in my yard, and in consequence of what they said I spoke to the prisoner Nigh, who was my head man; he and Summers slept in a room in my yard, and could come down and open the doors without going into the street - I spoke to Nigh, and told him if he would confess I would do all I could to save him; Summers was in the shop at the time, and might have heard that - I afterwards called Summers in, and told him that Nigh had confessed to me; he said it was no such thing, he had nothing to do with it; I told him he had better walk into the parlour, and consider and confess to me - I know nothing more than what they told me.
NOT GUILTY .
NEW COURT, Monday, May 20th, 1833.
Third Middlesex Jury, before Mr. Sergeant Arabin.
MR. CLARKSON conducted the Prosecution.
THOMAS CLARKE. I keep the White Hart, at Battle Bridge . The prisoner was in my service for fourteen months; I missed some money and marked four half-crowns, which I put into the till on the 9th or 10th of April - his business was to take money and give change, as it might be required; he would have access to the till; on the 12th of April in consequence of missing a sovereign, I sent for him up stairs, about eleven at night; I told him he was aware that money had been missed frequently, and I hoped he could give a good account of himself, and of what money he had belonging to him; he said he was innocent, he had in his box up stairs one sovereign, one half sovereign, and a few shillings - I asked to what amount? he said nearly a pound's worth of silver, but not 1l.; my brother-in-law was there; the prisoner brought his box down to the parlour, opened it, and took out his money in a bag, there was one sovereign, two half-sovereigns, seven half-crowns, two crowns, and 17s. 6d. in small silver - among the half-crowns I found one of those marked ones, which I had put into my till on the 8th or 9th - he said the money belonged to him; I said,"Can you say this half-crown belongs to you," at first he gave no answer, but he afterwards told me. -
Cross-examined by MR. PHILLIPS. Q. Did you make him any promise or threat? A. No, not before he made a confession; I did afterwards, relating to other money.
MR. CLARKSON. Q. Was the half-crown your property? A. Yes, and he at last said it was my money, or it might be my money - I asked him how he could account for there being more money than he had stated; he gave me no answer.
JOHN HENRY WATCHHORN . I am the prosecutor's brother-in-law. I was sent for to his house on the 12th of April; he mentioned that he had missed some money, and the prisoner was desired to bring his boxes down; he was asked what money he had, he said, a sovereign, a half-sovereign, and seven or eight shillings in silver; I asked if he was sure that was all; he said, there might be a shilling or two more - he then said there might be seventeen or eighteen shillings, but that was the utmost - there was found in the box a sovereign, two half-sovereigns, seven half-crowns and other silver; he said it was all his - Mr. Clarke took up a half-crown and said, "Is this yours?" he said, yes, but after a few minutes he confessed he had stolen it - I said, "Did you steal this half-crown from Mr. Clarke?" and he said, he did, but it was all he had stolen - Mr. Clarke said, "This is not all you have robbed me of you scoundrel;" he said, it was, but afterwards confessed it was not - he divided the silver and said part was his master's.
Cross-examined. Q.When the prisoner was asked whether it was not his master's, was not his answer, it may be? A. Yes, several times he said, "It may be," but when I asked him if he had stolen it, he said, he did - my brother-in-law must have heard it, I think - I am not certain that Mr. Clarke asked him if he had stolen it, but I did, and he confessed to him and to me that he had stolen it - I am not acquainted with Bigg; I don't know that he is an acquaintance of my brother's - I understand the prisoner appeared against Bigg - my brother-in-law said he would prosecute the prisoner, but that was after he confessed - I don't remember Mr. Clarke saying, "If one goes the other shall" - I don't know whether the prisoner was taken up till he had appeared against Bigg. (see page 504).
COURT. Q. When, after the discovery of the half-crown, was the prisoner taken? A. I don't know; Mr. Clarke said he would send for an officer; I don't know
MR. CLARKE. This is the half-crown I found in the prisoner's box, it is marked.
Cross-examined by MR. LEE. Q. Was any one present when you made this mark? A. No - I knew Bigg came to my house occasionally; I don't know Dovey; I did not say, "If one goes, the other shall," to my recollection - it was on the 12th of April I found the half-crown, and I brought this charge against the prisoner on the 2nd of May - I might have said they ought both to go.
MR. CHURCHILL. Q. What was the reason the prisoner was not taken before? A. I was to receive some further information about what I had been robbed of, I had not a doubt about the half-crown.
COURT. Q. The prisoner had been with you some time? A. Yes, fourteen months; he had access to my till, and served my customers, but he was to give change from the trays, where we count up silver for that purpose - but sometimes he may have taken money from the till, or from his pocket.
NOT GUILTY .
1018. JOHN DAVIES and WILLIAM JONES were indicted for that they, on the 16th of April , at St. Giles-in-the-Fields, 2 pieces of false and counterfeit coin, resembling and apparently intended to resemble and pass for the King's current copper coins called penny pieces, feloniously did falsely make and counterfeit , against the statute, &c.
MR. ELLIS conducted the Prosecution.
MARY DAVISON . I am the wife of Jeremiah Brand Davison ; we live at No. 16, Phoenix-street, St. Giles's. On the 3rd of April, Davies, the prisoner, came with a female; they asked to see a two-pair back room, which I had to let; they saw and approved of it - Davies then said he wished his brother to see it, who would not be at home till seven in the evening, but he did not come; on the 4th Davies came again, and asked what sized stove there was in the room; I said a good sized stove for a family, and he took the key and went and looked at the room again - On the 8th of April, Davies came and lodged there, and on the 9th I saw the other prisoner, they came together, and brought goods in with them - I could not see what they had, as it was covered with green baize - it was a small back room, and had no furnace in it.
Cross-examined by MR. LEE. Q. When were the prisoners taken? A. On the 15th; I swear Jones came there on the 9th, and he passed afterwards, but I did not make much observation on him - I am certain of both the prisoners.
MATTHEW MUIRE . I am a tailor; I lodge in the front-room on the second-floor of this house, the same floor as the prisoners occupied - the first time I saw them to notice them was on the 10th, they were then on the top of the stairs; I was going up and I waited till they both passed me; I observed they passed me in a curious manner, and Davies had a small bundle tied up in a handkerchief; they came down in a sort of faint kind of way, and I heard them say, "Somebody is coming up" - I had seen Davies come up several times out of the street with a large sack or bundle under his arm; and in the course of that afternoon he came up with something which appeared like bricks, and sounded like bricks when he put them down in the room - on the morning of the 10th I had great suspicion from hearing a terrible noise of the roaring of a fire and the blowing of bellows; I made a hole in the door, and looked through, and saw them both about a furnace - I could not exactly see Jones, but I saw Davies clearly, and I am certain Jones was there - I then left, and in the afternoon I heard a little bit of knocking and some filing, like tinkering - I looked through the hole and saw them both in the room handing penny pieces from one to the other, and I saw two parcels of penny pieces - I saw two sieves there and something like a frame with something in it, but I can't say what - on the Monday following they came into the room, but I did not hear them till they were going out; in the evening of that day I watched them into the room, and I immediately went and got the police-officer - he requested me to go into the room with him, we found the prisoners there and the furnace.
Cross-examined. Q. Had you on any occasion when you looked through the hole previously, seen the two prisoners go into the room? A. Yes, I had, particularly on the Monday.
JOHN STEWARD (police-sergeant F 2). I was called to this house, I put my hand to the knob of the door and pushed it with my knee, it did not open hard; I don't know whether it was fastened or not - I found the two prisoners near the window; they were doing something, but the room was full of smoke, and smelled like some chemical process - I found on Davies eighteen counterfeit penny pieces, and on Jones I found twenty good ones - I took the prisoners, and on returning to the room I found this copper and other articles - I saw a large furnace in the room and two plates to it, the same as a brass founder's furnace; it was built in front of the grate, and was about as large as a muffin stove, it had a round hole down the middle of it.
JOHN FIELD . I am inspector of counterfeit coin to the Mint. These eighteen penny-pieces are counterfeit, three of them have been finished off by filing; they have been cast in a mould from the impression of a good penny-piece; these twenty seem to have been used for making the impressions - I went to the room and found this broken melting pot, which I put together; it has metal in it which has been in a state of fusion, and seems the same as these counterfeit penny-pieces; it seems to be copper and brass mixed - this wire sifter is used to sift sand over the coin - here are some pieces which have broken off moulds - I found a small air furnace in the room, which had been lately erected in a rude manner, not by a bricklayer - and there were some bricks, some founder's earth, and casting sand, and rosin, which is used to smoke the face of the mould.
Cross-examined. Q. If a man were a brass founder all these things would be of use to him? A. Yes, all but the counterfeit coin.
DAVIES - GUILTY . Aged 18.
JONES - GUILTY . Aged 18.
Transported for Seven Years .
Maria Bromley , in the dwelling-house of Sir James Wiltshed .
MARIA BROMLEY. I was servant to Sir James Wiltshed, he lives in Grosvenor-place, Pimlico . In consequence of the usual chairwoman being ill, the prisoner came in her place, and on the 8th of May, I gave her a drawer to clean out of a closet in the kitchen; there were five sovereigns and a half in the drawer, wrapped up in a bit of paper; I forgot to take it out, and when she had left that day, I missed it - I went with the usual charwoman to her house on the next day, and spoke to her about it; she asked how much there was in it; I said, five sovereigns and a half; she said, there was not near so much.
SUSAN PARSLEY . I was the charwoman at the house for twelve years, but being ill, I sent the prisoner - the prosecutrix came to me the morning after she missed this money; I went with her to the prisoner - the prisoner said she had not seen the money; the prosecutrix said, I don't wish to hurt you, if you will give me the money, if you have spent any it must be made up - I saw her put her hand into her bosom, and pull out some halfpence in one hand, which she showed, but her other hand was closed, and I saw her put a sovereign into her mouth, and swallow it - while the prosecutrix was gone for an officer, I said to her "Give me the sovereign;" she said I have swallowed it.
WILLIAM CLIFTON (police-constable, B 50). I was sent for, and took the prisoner to the station; she was searched, but only threepence-halfpenny found on her - she said "If I had the money, I did not steal it" - Sir John Wiltshed 's house is in the parish of St. George's, Hanover-square.
Prisoner's Defence. I am perfectly innocent of taking the money; I never saw it - I had but threepence-halfpenny in the world - I was taken to Tothill-fields, and watched narrowly for four days, on account of her saying I swallowed the sovereign.
GUILTY . Aged 30. - Transported for Life .
1020. CHARLES KENDALL was indicted for stealing, on the 9th of April , at St. Leonard, Shoredicth; 4 coats, value 8l.; 1 hat, value 10s.; 1 handkerchief, value 2s., and 1 pair of gloves, value 1s., the goods of Joseph Henry Dorrell , in his dwelling-house .
JOSEPH HENRY DORRELL . I live in Old-street-road, in the parish of St. Leonard, Shoreditch , it is my dwelling-house; I am a tailor - I have known the prisoner four years; he had been a butcher - I allowed him to come and stay at my house from the middle of February last; and on the 9th of April, at a quarter-past seven o'clock, when I came down stairs, I missed three new coats, my hat, handkerchief, and gloves - I had seen them safe the night before; the hat was my only one - the property was worth about 9l. 7s.; the prisoner was gone out, and did not return - I had not the least idea of his going away; this was on Easter Tuesday - I let it rest till the following Sunday, when one of my men told me that he knew where to find Charley - I took a policeman, and found him at a coffee-house, with one of the coats on, and my hat on, the other things were pawned - I had taken him in from charity.
Property produced and sworn to.
Prisoner's Defence. On the Sunday evening before, I hinted that I should like to go into the country to see a friend, and he said I had better not, but he afterwards said he had not the money, but I might take these things and pawn them; I have pawned things for him before - he agreed that I should go in that coat and hat; he used to allow me to wear one coat.
JOSEPH HENRY DORRELL . It is entirely false; I never gave him leave to pawn these things - he once or twice pawned things for me, but never without notice - I had lent him this great coat to wear on my premises, but these were new coats for customers; this hat was the only one I had.
GUILTY . Aged 23. - Transported for Life .
MR. LEE conducted the Prosecution.
JAMES GORDON . I am in the service of Mr. James Lee. On the 4th of March, I was in Smithfield with thirteen of my master's sheep; the prisoner came and said he wanted thirteen sheep for Titmus; they were to be in my master's pen till Titmus's man came for them - I had known the prisoner before; he is a drover - I delivered him the sheep; there was a cross down their necks; they were half-bred sheep, between Down and Norfolk - the prisoner took them away, and six other from another pen.
EDWARD LANGLEY . I am in the employ of Mr. Titmus, a butcher, of Henry-street, Pentonville. I know Thomas Wood, he is in the prosecutor's employ - on the Monday in question, he brought to that place, thirteen sheep, and six; the thirteen were Down and Norfolk, and the six were another sort - the thirteen were marked with a cross on the back - Wood came the next morning and asked if there was a sheep left wrong; I said there was one more than my master's number, but we did not see any difference in them - the prisoner, came about three o'clock in the afternoon, and said he came to see if there was an odd sheep belonging to Mr. Kimber - my master had bought but twelve, and thirteen came home - we pointed out a sheep to him, which he took away between eight and nine o'clock that evening - he did not make any particular remark in the evening, but said he came for the sheep; he put it with some other which he had outside the door; he said it was Mr. Kimber's.
Cross-examined. Q. Did you know the prisoner? A. Yes, he is a drover; I have always employed him in preference to others; it is usual for mistakes to occur in the market.
MR. LEE. Q. Did you direct the prisoner to fetch this one sheep from Mr. Titmus's? A. No, I did not.
Cross-examined. Q. Do you know the prisoner? A. Yes; and have employed him for some time; I always found him to be honest; I have entrusted him with thousands; I know Smithfield-market well; mistakes may occur in driving sheep.
JOHN MURPHY (Police-constable G 215). I took the prisoner on the 17th of April - he said it was very hard, but if he only got a week he should be able to account for the sheep, by sending to the country, and he either mentioned Shrewsbury or Salisbury - I found on him this bill for killing a sheep; he was tried here last session.
Cross-examined. Q.Was he not acquitted? A. Yes, and he said it was very hard he should have this charge against him.
JAMES CRITCHER . On the 4th of March, Mr. Titmus came to me and asked the price of a lot of sheep, there were twelve of them; I sold them to him - the prisoner came for Mr. Titmus's sheep, and I delivered thirteen to him; on the following week I said to Mr. Titmus"There were thirteen sheep went home to your house," the prisoner said "No, no, there were not, one was Mr. Kimber's."
ROBERT RYMELL . I was in the service of Mr. Kimber- on the 4th of March, forty-nine sheep were brought to him; I was not at home when they were brought; but I counted them three times over the next morning, about nine o'clock.
Cross-examined. Q.Are you sure it was on the 4th of March? A. Yes; sheep are generally brought home on Monday - I am sure it was the 4th of March.
COURT. Q. The sheep was sent to Titmus's? A. Yes, it was my sheep in my pen, it ought to have been sent back to me.
Prisoner's Defence. It is a mistake altogether - when I went to Mr. Lee's man for the sheep, I asked for twelve, but he delivered thirteen; the other sheep belonged to Mr. Kimber, it was put into his drove and sold.
MR. TITMUS. The sheep was returned to the prosecutor Lee, on the 5th of April, I was not at home at the time.
MR. KIMBER. I did not receive any sheep on the Tuesday evening.
Prisoner. Mr. Kimber's field is in the New North-road - I delivered forty-eight there on the Monday; then I went and got the other sheep, and took the whole forty-nine to him at Southall.
MR. KIMBER. I have a field and a shed in the New North-road - I live at Southall.
Mr. Dewsnep, a cutler, 8, Castle-street, Clerkenwell, gave the prisoner a good character.
GUILTY . Aged 37. - Recommended to Mercy.
Transported for Life .
GEORGE LEE. I am a silk-weaver , and live in Quaker-street, in the parish of Christ Church, Spitalfields , it is my dwelling-house; the prisoner lodged and victualled there, and slept with me; on the 13th of May I went out at half-past eight o'clock at night, leaving sixty-five yards of silk in my loom, it was made; the prisoner was not at home when I went out; I returned at five minutes past ten o'clock; I then missed the sixty-five yards of silk from the shop, it was worth eight pounds - I have never found any of it, I had bolted the street door when I went out.
MARY LEE . I am the prosecutor's mother - I left home about twenty-five minutes before nine o'clock that night, the prisoner was not at home then - I returned in half an hour I then heard a noise in the shop, I called"Who is there?" the prisoner made an answer, "It is me mother Lee," I said, "I will come up and make your bed in a minute" - he said, "Never mind, I will make it myself" - I went into the chamber, pulled off my bonnet, and shawl, and the prisoner called down - "I have made the bed mother Lee;" in the course of a quarter of an hour, I heard a rumbling noise in the shop, and then I heard the prisoner run down stairs; I said to my husband"Frank is gone down," I then heard another foot creeping down stairs, a woman who was looking out at window said, "Yes, he is gone down, but he is not gone out forwards but backwards" - we then went up into the shop and missed the silk.
WILLIAM LEE . I am the prosecutor's father - my wife and I went out at twenty-five minutes before nine o'clock, and returned in half an hour; I locked the shop door myself and brought the key down for my daughter to take care of till we returned; when my wife came home, she heard what she has stated, and called to know who was there, and the prisoner answered - my daughter had told us Frank was there - I sat down and was going to supper, when I heard a rumbling noise in the shop - I then heard the prisoner run down stairs, I then went into the shop and missed the silk.
MARGARET HEWEY . I lodge in the house - I heard the prisoner answer Mrs. Lee, and then I heard him go down stairs, and another with him - I looked out at the front window, and saw no one, but, I heard the back-door unbolt - there are several yards which go into one at the back; we then missed the silk.
GEORGE SEAMAN (police-constable H 150). I received information, and went to the work shop - I found the work had been cut off by a left-handed man, and I have ascertained that the prisoner is left-handed; I then went to several public-houses in search of the prisoner; but could not find him till ten minutes before one o'clock, when he was coming home.
Prisoner's Defence. I came home at half-past nine o'clock- I went up stairs, but my bed was not made - Mr. Lee and his wife came home directly afterwards, and asked who was in the shop; I told them it was me - I then went and had a pint of beer, and when I was coming back, I was taken - this is the third time these people have been accused, and no doubt they have taken the silk and sold it - I have worked twelve months in their shop; they make yards and yards of silk and sell it.
MARY LEE. I was robbed in a house I lived in before this one; I was out, and some one broke in, and cut the silk; but the neighbours stopped it; it was not taken away.
GUILTY . Aged 23. - Transported for Life .
1023. ERNEST ELSNOR and CAROLINE, his wife , were indicted for stealing, on the 17th of May , 3 sovereigns; 2 half-sovereigns; 1 10l., and 1 5l. bank note , the monies of Joseph Luckie , against the statute, &c.
MESSRS. PHILLIPS and CLARKSON conducted the prosecution.
JOSEPH LUCKIE. I am a pork-butcher , and live in Upper Marylebone-street. I am single - I have known Caroline Elsnor for six months - I first met her in the street; she lived near me, and she dealt at my shop after I had seen her; there was an intimacy between us once, about four months ago - on Wednesday last she called on me and said she was very poor, and asked me to lend her a sovereign; I said I would give her one, but she must not keep calling on me - I gave her one, and she persuaded me to come up to her house that evening; she had lived there about a fortnight, and had been to me several times to ask me to call on her - she said the man she had lived with had treated her so ill that she had quite got rid of him - I called that evening about half-past ten o'clock, but I did not stay more than five minutes; I appointed to call on her on the following evening; I was to have gone at eleven o'clock, but I did not go ill twelve o'clock - I then went to her house, No. 12, Quixote-row, New-road - I had no knowledge that she was married; she always declared to me that she was not - the male prisoner had been to my shop; he said "Don't allow that woman to come here any more, she is my wife, she has given me the ****;" that was about four months ago; when I saw Caroline again on the Monday following - I told her what he had said, she said, "Nonsense, he is not my husband, but a fellow who has ill used me, and I cannot get rid of him; he watched me into your shop, and when I came out he said, where is the blunt" - I had given her a little money occasionally, as I was taken with her - on the night in question, I went to her house a little after twelve o'clock, she opened the door to me and said, I was late; she was just going to bed - I had been accustomed to carry a little French watch about me; she had seen it at my house - and when I got to her house that night, she asked me if I was going to rise early in the morning; I said, yes; she said,"Where is your watch?" I said, "Never mind, I shall awake in time" - she introduced me into the front parlour, and asked me if I was going to stop all night; I said, yes - we then retired to the back parlour, which is the bed room - I asked her if there was any person in the house; she said, no, only the female servant - I had not heard any one come in after I got there; there are two entrances, one back and one front - when I got into the back room I undressed and went to bed, and she went down stairs; she came up in three or four minutes - I heard her talking in the kitchen; she had before told me the servant was going to bed, but she did not say where - I heard her say as she was coming up again, "Amelia" - I had put my clothes in a chair at the foot of the bed - I had a ten pound note, a five pound note, three sovereigns, and two half sovereigns, in my pocket - the female prisoner came into the room, undressed herself, and came to bed - she put the candle out after she was undressed - she had not been in bed with me more than two minutes, before the room door was stormed and forced open; some person came in and said it was his wife, and he would murder me; he struck me on the head and the arm - I got out of bed and went to the window which looked to the back part of the premises; I tried to lift it up, but it was fastened down; I broke the window, and called murder and police - I was not able to get any of my clothes on - I was still in the dark - I think in less than three minutes a man came to my assistance from a cottage which joins to the house; he got over the wall - he looked for my clothes - I was too much alarmed to look for them - but he could not find them; in a short time the police officer came and he had a light with him - we then searched for my clothes, but none were to be found; I had some of them afterwards brought to me, but part I have not found - I looked into the fob of my trousers where my money had been, and it was all gone, but fourteen or fifteen shillings in silver and two keys; I had a receipt in that pocket which had been taken out, crumpled up, and put back again - the policeman took the male prisoner into custody, he had only his trousers on; there was no appearance of the other part of his dress in the room where I was.
Cross-examined by MR. TURNER. Q. How long is it since you found this lady? A. Some time ago I had seen Caroline Horne, her servant - I never asked her when her master was likely to be out - when the male prisoner called on me he said, the woman was his wife, and if ever he caught her at my house he would punish me - I had called at her house when I first became acquainted with her - I was in her first floor, but not more than five minutes; no intimacy took place between us on that occasion - I swear that - I remember her calling at my house and going into the back parlour; she staid there for half an hour; there is no sofa there, but there is a rug - I did not give her any money then - she has had pork chops in my shop, but she usually paid for them; I made no charge for them - I had never made her any presents, and never promised her anything - I had not promised, on the night before I was robbed, that I would give her a brooch - I had not
Ernest Elsnor. You have seen me several times. Witness. No; I only saw you once, and then you had the conversation I have stated.
JASPER LINCOLN . I live at No. 25, Fitzroy-place, New-road. I heard the prosecutor cry murder, and went to his assistance; I burst the outside door open, and entered the parlour; I found the prosecutor in his shirt, and the female prisoner in her night-dress - there was no light in the room - the prosecutor said "For God's sake protect me, I shall be murdered;" I said I will - the male prisoner came into the room, and I seized him; he said "It is my wife" - I told the prosecutor to put on his clothes, he said he could not find them; I felt, but I could not find them - the policeman came in about ten minutes, and brought a light - I pulled off the bed-clothes, and looked for the prosecutor's clothes, but could not find them - his trousers were afterwards brought in by some person, but he stated that he had lost his money; it could not be found in the bed, nor in the house.
EDWARD KING . (police-sergeant S 10). Last Thursday night I heard the springing of a rattle, I went up the road, and to the house in question - there are two kitchens and six rooms above - I found Mr. Luckie in his shirt. and the female prisoner in her night-dress in the back parlour, which is the bed-room - I saw the male prisoner on the same floor shortly afterwards, he had his trousers and shirt on - he was not in the bed-room when I went; the first place I saw him at was on the landing-place - there was no female servant in the house - I took the two prisoners into custody, locked up the doors, and proceeded to the station - I returned to the house with the prosecutor, we examined the house, and I found this money in a trunk in the back parlour under the bed; in which were some clothes belonging to the prisoner - I found this handkerchief outside the room, the prosecutor said "It is my neck-handkerchief" - he found his drawers in the kitchen in my presence - there was a sofa in the kitchen, and a large blanket; it appeared as if arrangements had been made for a person to sleep there - I asked the male prisoner in going along where the servant was, and he said she left at nine o'clock that night; I don't think he told me her name - this money was down in one corner of the trunk; here are three sovereigns and two half sovereigns, wrapped up in the bank notes; I found 6s. in another paper in the box - the man was asked at the station what money there was in his house, and said only a little silver - I heard him say at the office, that he thought this money was a brooch wrapped up in paper, as a present for his wife; and he said he had taken clothes and all away, because when the police came they should find the prosecutor and the woman in bed together, and he had taken this money from the pocket supposing it to be a brooch.
Cross-examined. Q. Did you not find some other gold? A. No.
JOSEPH LUCKIE. These are my notes, they are both marked in my own writing.
Ernest Elsnor's Defence. I went to Kensington about seven o'clock, and told my wife I should be very late at home, as I was going to see a friend who was going to New York; I came home at a quarter-past eleven o'clock - I had the keys of the doors; I let myself in, and saw through the glass-door of the parlour a man sitting on the sofa with my wife, and heard Mr. Luckie's voice; I went down the steps a little way, and heard him say "What a fool you are to live with him, you have often complained; you don't like him; if you wish you shall have three pounds a-week; never mind the house, nor the furniture, I will protect you;" she said "He will follow me;" he said "He shall not come where I am;" he then said "Can I stay with you to-night;" she said "No, I expect him home;" he said "Let me look at your bed-room," he went in, and said "What a shabby little shawl you have got;" she said "Give me a better;" he said "I will bring you a brooch;" he then said "I will come to-morrow night," and she told him to come to the front door - when he was gone she saw me, and asked how I came in; I said from the back door - the next morning I said I must go to Kensington again - I did not go there, I from ten o'clock waited till half-past eleven o'clock to see Luckie come to the house - he did not come as he had promised; I thought he would not come; and at eleven o'clock I went in from the back door, that my wife should not hear - I waited a few minutes, and then went down and laid myself on a board in the back-kitchen, where I thought I would hide myself, I took off my boots and my coat, but not my trousers nor waistcoat - there are six bells in the kitchen; about twelve o'clock, one bell went very softly, I could not distinguish which it was - I went to the bells and felt it was the front-door bell; I thought Luckie was coming; she let him in and said, "I thought you would be sooner;" he said he had been in company, and had a glass of brandy - I heard them talking; I went close to the room-door - I heard Luckie say, "I wish I could go to bed"- she said "If you do you must not stay long;" he then went to bed, and the room-door opened - I ran down to the back-kitchen; my wife came there and threw down a sofa-pillow and a blanket, but I could not see then - she went up-stairs again, and she said to him, "I have a girl down stairs, who sleeps on a sofa;" she then undressed herself, and I heard them talking in bed; I did not know what to do - my blood was hot - I tried to open the door; they would not answer - I tried the next door, they would not open that; I pushed it open, I was very hot - I will speak as it was - I began to strike him in bed; he bore it a good while - I gave him eight or nine blows, he said
ERNEST ELSNOR - GUILTY . Aged 30.
Transported for Seven Years .
CATHERINE ELSNOR - NOT GUILTY .