PROCEEDING UNDER A SPECIAL COMMISSION, HELD AT JUSTICE HALL, IN THE OLD BAILEY, ON WEDNESDAY, THE 17th DAY OF AUGUST, 1833, AND FOLLOWING DAY.
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 Joseph Littledale , Knt., one of the Justices of His Majesty's Court of King's Bench; Sir James Vaughan , Knt., one of the Justices of His Majesty's Court of Exchequeer; Sir James Parke , Knt., one of the Justice of His Majesty's Court of King's Bench; John Atkins , Esq.; and M. P. Lucas , Esq., Aldermen of the said City; the Honourable Charles Ewan Law , Recorder of the said City; Thomas Kelly , Esq.; and Samuel Wilson , Esq., Aldermen of the said City; John Mirehouse , Esq., Common-Sergeant of the said City; and William St. Julien Arabin , Sergeant at Law; His Majesty's Justices in the said Commission named.
LAURIE, MAYOR. - SPECIAL COMMISSION.
* A star placed against the verdict denotes that the prisoner has been previously in custody.
First Middlesex Jury, before Mr. Justice Littledale.
1152. WILLIAM BITTON was indicted for feloniously breaking and entering the dwelling-house of Joseph Norbury , on the 26th of June , at St. Mary Matfelon, alias Whitechapel, and stealing therein, 1 brass cock, value 19s.; the goods of the said Joseph Norbury and another .
The prisoner having refused to plead to the indictment, a plea of Not Guilty was entered by order of the Court.
MR. BODKIN conducted the Prosecution.
JOSEPH NORBURY. I am a brass-founder , and live at No. 202, Whitechapel-road, in the parish of St. Mary, Whitechapel . I saw my place quite secure on Wednesday night, the 26th of June; the shutters in the front shop were quite fastened - I occupy the house - the shop is part of the dwelling-house - I was disturbed that night between twelve and one o'clock by the bell ringing - I opened my window, and saw a number of people outside - I came down stairs, and found a man named Way - I found the prisoner in custody of the police - I looked at my window, and found three shutters down; two were partly down, and one not quite down, and one square of glass broken in, that would enable a person to take any thing out of the shop very readily - a brass cock was shown to me some time after; this is it; it was part of my stock, and was in the window that night, when I went to bed.
COURT. Q. Is it partnership property? A. Yes; the dwelling-house is my own, but that cock was the property of myself and my partner; there was a great number in the window; it is one I had for a particular purpose; I think it was made some years ago for a vat; it had been laying by a long time; it was in the window in my shop - we have a quantity of property in the window - I know it by the make, and having had it on hand a long while; it laid close to the glass in the window - the place was all quite safe the night before.
WILLIAM GILLISS MORRISS . I am a policeman. I was on duty, on the 26th of June, in Whitechapel-road, near Mr. Norbury's premises, at half-past twelve o'clock at night, walking down the road; I turned my head, and observed Mr. Norbury's shutters down - I stood still a second or two, looked towards the window, and observed the prisoner, accompanied by two women, standing at the window, where the shutters were - I heard a noise of glass breaking; the noise proceeded from the spot where the prisoner was standing - I walked across the road towards the prisoner, and observed him put his hand in the window, and take something out, and pass it to one of the women - I could not see what it was - I took him into custody - he made a dreadful resistance, I could scarcely hold him - I sprung my rattle, and got assistance - the women made their escape.
Prisoner. Q. On which side of Whitechapel were you coming down? A. On the opposite side to Mr. Norbury's premises - it was about twenty or thirty yards from Mr. Norbury's house to the other side of the way - I did not say I saw you take the shutters down, nor break the window - I could not take the women and you too - they did not follow us to the station-house to my knowledge - two policemen came to my assistance after I sprung my rattle- I did not see either of the women, to be able to identify them.
Q. Did not a man in a white flannel jacket state to you that I was very much in liquor, that I was not the man; and you said, if he did not go away, you would take him? A. No; I saw no man in a white flannel jacket at all; nobody told me he was not the man; I have no recollection of it.
MR. BODKIN. Q. From the moment you first saw him till you took him, was he out of your sight? A. No.
ROBERT WAY . I am a tailor, and live near Mr. Norbury's house. On the night in question, about half-past twelve o'clock, I was going home from the theatre, and had occasion to pass his house to go to my house - I was right in the middle of the carriage way - I heard some glass breaking, and by the sound I looked across the road to where the glass was broken - I saw the prisoner, and
JOHN NEWMAN . I was on duty in Whitechapel on the night in question, and found the brass cock by the side of a scraper, about a yard and a half from Messrs. Norbury's house, about a quarter before one o'clock - I know where the hospital is - if a person had gone from the house towards the hospital it was in the line they would take.
WILLIAM CARTER . I am an apprentice to Messrs. Norbury. On the night of the 26th of June, I fastened the window shutters up, and the shop quite secure - I came down stairs on hearing the alarm between twelve and one o'clock, and found two of the shutters on the pavement, and one near the pavement; they were outside shutters - one shutter was shifted behind another, and the glass broken in; that glass was quite whole when I shut the shutters - I then found the prisoner in custody and alarmed my master; I had been alarmed by the bell ringing - I know this cock belongs to my master; I had seen it a few days previous - I know it to be my master's property - I have two masters.
Prisoner. Q. Did you stop to shut the shop up after I was taken? A. Yes; nobody came near the warehouse except those who were standing round - the cock could not be taken out after I fastened the window, unless it was broken in again - there were people round, but nobody could take the cock out for I was standing against the window.
Q. How did you put your shutters up? A. My fellow apprentice went inside and unscrewed the bar for me - I did not leave the window till I put the shutters up - I did not see the cock lying near the window - the policeman found it - it was impossible for me to see it where I was.
Prisoner. There was time for the policeman himself to take the cock out of the window.
MR. NORBURY re-examined. I left my apprentice at the shutters - both my apprentices were up.
Prisoner. Q. Where was your other apprentice? A. Along with him in the passage; the other apprentice was in the passage and went in the shop to unscrew the bar, while the other was putting the shutters up outside.
Prisoner's Defence. I had been at the Magpie public-house and took more than I ought - I was returning home and was stopped by two females, by the prosecutor's house - they asked me where I was going - I stopped to talk with them; in the meantime the policeman came up and charged me with taking this thing - I ask whether your lordship thinks I could go and take down the shutters without any implements - the witness said at the office, there was more men standing there, who, no doubt, were my confederates, and if they had taken them, no doubt, they would have found implements on them - I had not been there five minutes.
GUILTY - DEATH . Aged 31.*(See Sixth Sess. p. 575.)
First Middlesex Jury, before Mr. Justice Littledale.
1153. JOHN WILLIAMS was indicted for feloniously breaking and entering the dwelling-house of Algeron Disney , on the 31st of May , at St. Marylebone, and stealing therein, 1 spencer, value 30s.; 1 shift, value 3s.; 1 night-gown, value 3s.; 1 sword, value 3l.; 1 china ornament, value 1l. 10s.; and 1 drawing, value 10s., his property . (See Sixth Sess. p. 576.)
The prisoner having refused to plead to the indictment, a plea of Not Guilty was entered by order of the Court.
ALGERON DISNEY. I live in Quebec-street, Marylebone ; I rent and occupy the house. On the 31st of May, I left my house about seven o'clock in the evening, leaving nobody in it - I came out at the street-door, which I shut - it was fastened on a kind of latch, which was its usual fastening - there is a keyhole to the street door (seven o'clock was the last time that I went out) - I returned at one or half-past one o'clock at night, and found the street door on the latch, as I had left it - I went in at that door - I opened it with a key - there is another very strong door at the bottom of the stairs, which I had left double locked; I found that door broken and wide open, and the two patent locks on it broken to pieces - close to that door on a sideboard, in the passage, there was a crowbar, a dark lantern, and I think a clasp knife, it was a strange knife belonging to the thieves - I smelt a smell of phosphorus and heard people speaking up in the first floor - I then went out at the outer door into the street; I had no light with me when I saw these things, but the gas light is so close to my door I could pick up a pin in my passage - I went out into the street and saw but one person of any kind, that was a Mr. Cohen, I said to him there are housebreakers in my house, he refused to go into the house; I then asked him to stand on the step and watch the door, and I went in search of a policeman; I found one shortly after and returned with him; I think his name is Legg - I saw Mr. Cohen, who I had left at the door, struggling with a man, apparently endeavouring to detain him, he said the man had come out of my house; it turned out to be the prisoner - I can swear he is the man - he was taken into the house; by that time another policeman had joined us, and we all went together into the house, to search if anybody was concealed in it, but found nobody - I went up to the first floor and found a trunk broken open and all the contents on the floor, tied up apparently ready to be taken away; all the things mentioned in the indictment were collected; there was a great quantity of women's apparel, and things that were in a trunk locked up when I left the house; the trunk was broken open; there was some women's bed-gowns and a silk spencer - there are two things missing, which I have not seen since - there was a drawing of Paul Sanby, which cost thirty shillings, and in the passage I then saw a sword which had been drawn from the scabbard, and was put in the passage, apparently ready for use - I had left the
Prisoner. On my former trial I questioned the witness, and I decline questioning him at all on this trial.
JAMES COHEN . I live in Quebec-street - on the morning of the 1st of June, I saw Mr. Disney, about one o'clock, I went to his door by his request - I had not been there more than two minutes, when the door opened and two men came out, I seized them both, I got one by the collar, and the prisoner by the coat tail; the one whose collar I held got away from me; I held the prisoner till the policeman came and took him from me; he said, "I had got the wrong person, that he had come round the corner, and he was not the man" - I am certain he came out of the house.
Prisoner. I decline asking any questions, but on the former trial he said he was seven yards from the house when he came up to me. Witness. I was only the width of the flag stone from the house, and there are two or three steps up to the door; the gas lamp was close by - I do not suppose I could be more than four or five yards from the door - I was set to watch the house and was looking at the door; it opened, and the two men came out, he was one of them.
JOHN LEGG . I am a policeman. On the morning of the 1st of June, I passed Mr. Disney's house, a few minutes before one o'clock, and the door at that time was closed; this was about ten minutes before Mr. Disney came home; I heard somebody calling out, Police, and I ran and saw two people scuffling together, and just before I got there, the other policeman came up - it was the prisoner and Cohen; they were scuffling - I searched him and found on him a knife, a pocket handkerchief, and a card - I went into Mr. Disney's house, and saw the door inside broken open, and I saw the dark lantern and the crow bar - I went up stairs and saw things scattered about the room, and a trunk broken open, and some ladies' wearing apparel about - I did not see the sword.
JOHN WEST . I am a policeman. On the morning of the 1st of June, I went to Mr. Disney's house, a little after one o'clock - I saw the prisoner and another leave the house; I am sure I saw him leave the door of the house, and Cohen seized them both; one escaped from him, and the other was struggling with Cohen when I went up and took hold of him; the prisoner is that man - I afterwards went into the house and found the inside door broken, and saw a crow bar and dark lantern laying on the sideboard - I went up stairs on the first floor and saw another door broken; I went into the room and saw different articles of women's wearing apparel laying about on the floor - I saw a trunk also which was broken open - I did not see the sword - The prisoner said he was not the man, that he had come round the corner; I am certain he did not come round the corner.
Prisoner. Before the witness went up, he and Cohen were speaking together; he had been speaking to him all the time - the evidence is quite different to the former trial - I made a defence before, and therefore must throw myself wholly on your mercy; but on the 6th of July, one Henry Nyman was tried for burglary, and found guilty, at the conclusion of the sessions, he and seven others were brought forward, and the judge told them that in consequence of a doubt of the bills being right the court gave the benefit to the prisoners - I trust you will give a similar benefit to me.
GUILTY - DEATH . Aged 27.
First Middlesex Jury, before Mr. Baron Vaughan.
1154. WILLIAM COOK was indicted for feloniously breaking and entering the dwelling-house of John Goodinge , on the 23rd of June , at St. Luke, and stealing therein 4 pieces of lawn, containing in length 27 yards, value 40s. his property .
JOHN GOODINGE. I am a Linen Draper and live at 35, Brick-lane, in the parish of St. Luke . About four o'clock on the morning of Sunday, the 23rd of June, I was awoke by the ringing of the house bell; I got out of bed, opened the window and looked out, and saw the police-sergeant, who told me the house was broken open; I saw the prisoner in custody of the policeman - I had fastened the shutters the night before with a bar outside, and a bolt goes through each end of the bar, and screws - I fastened it that night about half-past eleven o'clock, and the door was locked and bolted - the glass was quite whole when I went to bed - I found the shutters open and one square of glass broken; a person could reach things out of the window from the hole - they laid about an inch and a half from the window; four pieces of lawn stood there, each piece measuring six yards and a half; I missed the whole four pieces - I saw two of them in the custody of the police-sergeant; they had my private mark on them - I am certain of them - they were safe when I went to bed at night - I did not hear the prisoner say any thing - I think I had seen him on the Saturday evening before, looking in at the window at the other end, about seven o'clock, it was quite light - a parcel of handkerchiefs hung
Cross-examined by MR. BARRY. Q. Where were you when you think you saw him at the window? A. I was sitting about two feet from the window - I would not swear he was the man - I found only the two policemen and the prisoner outside the house when the alarm was given - I only observed the two policemen and the prisoner - I have no partner; I rent the house; and occupy it.
ROWLAND SWANN . I am a police-sergeant. I was in Rose-street, Brick-lane, about forty yards from this house, about a quarter after four o'clock in the morning of Sunday, the 23rd of June, I heard a noise like something falling very heavy on the pavement, and immediately a smash of glass - I instantly ran into Brick-lane, and saw three men standing in front of the prosecutor's shop; the prisoner was one of them - One of them was in the act of pulling a piece of lawn out of the prosecutor's window - I cannot say whether that was the prisoner; they were all three close together - two shutters were down, and a square of glass broken out completely - the moment they caught sight of me, they each drew a piece of linen from under their coats, and threw it into the road; I am certain each of them had a piece - they ran off; I pursued them, calling Stop thief! up Brick-lane into Wellington-street, across Wood-street into King-square, and there they separated, and ran different ways - I pursued the prisoner across Goswell-road, and never lost sight of him till he was stopped by Gray, the policeman - I am sure I saw him throw away one piece of lawn - I came back with him to the prosecutor's house, and rang the bell, the prosecutor looked out of window; I told him he had been robbed, and asked him to examine what he had lost - he went with us to the station-house.
Cross-examined. Q. Your attention was called by the noise? A. Yes - I looked as attentively as I could; I could not tell which it was that put his hand in at the window, they were so close together - there were three pieces of lawn thrown away, and it appeared to me that each threw away one piece; but I will not swear it positively, in the hurry of the moment - I did not lose sight of the prisoner for an instant, I was within a few yards of him at first, and I kept up with him all the way; I did not lose sight of him when he turned the corner - I only saw three men running - I did not see a piece of lawn in the hands of a carman - I do not recollect seeing any woman whatever; I named to the magistrate something about a piece being found afterwards in the hands of a woman; that was the piece that was found in the hands of a waggoner; I did not see the waggoner - I picked up two pieces of lawn, another person picked up one - I found the fourth after the prisoner was committed, in possession of a person in Whitecross-street, a person who lives there, he is not here - this piece of lawn was delivered to me by a young woman at her father's house, it was not found till afterwards - I ran after the prisoner about three hundred yards - I did not see anybody on the spot, there was nobody in my sight all the way I pursued - I saw two pieces of lawn thrown away and three men run away - I found nothing on the prisoner when he was taken - I produce the two pieces I saw thrown away.
COURT. Q. Did the prisoner say anything at the station-house? A. He said, he was running after the other two men.
WILLIAM GRAY . I am a policeman. I was on duty on the 23rd of June, in Goswell-road, about a quarter after four o'clock in the morning - I heard a cry of Stop thief, and saw the prisoner run across Goswell-road, about ten yards before me, and the sergeant running after him, crying, Stop thief; as soon as the sergeant saw me he gave a signal to pursue; I pursued him up Ashby-street to Northampton-square, and never lost sight of him - I caught hold of him and told him to go with me - he d - d the thief and said he was gone the other way; and said, that he (the prisoner) was out of breath, but he did not mind that, he would run at any time until his legs dropped from his body to stop a thief - I said that would not do for me, and I took him to the sergeant, and then to the prosecutor's house.
Cross-examined. Q. How many men did you observe running? A. Only the sergeant and the prisoner - I saw nobody running before that - I did not see the lawn thrown away - the sergeant had two pieces as he ran.
JOSIAH PRITCHARD . I am a secret springer in the watch trade - between four and half-past four o'clock I was awoke by the cry of Stop thief - I live in Wellington-street - I got up, opened my window and looked out, and saw two men running - I did not follow them; one had a black coat on, and the other a green one; it was light enough to see that - I continued at the window a little time, and something took my attention at the left hand, and I saw a roll lying in the kennel - I put on my clothes, and went down and took it up, it was a piece of lawn - I took it home, I have it here, it has never been out of my possession.
Cross-examined. Q. How far do you live from the prosecutor's house, in the same street? A. No; round the corner, not above thirty or forty yards from the house.
JOHN GOODINGE. This has my private mark on it; I swear it is mine - I had not sold it, and the two pieces have my mark on them likewise; they were all in my shop the night before - I have the piece the woman found at home.
Prisoner's Defence. I have nothing to say further than the second witness swears positively to my running away from the shop window, and says he never lost sight of me; he must have lost sight of me when he stooped to pick up the lawn.
Witness. I did not - I just put my hands down, but looked at him all the time.
GUILTY - DEATH . Aged 38.
Before Mr. Justice Littledale.
1155. RICHARD GOULEE was indicted for feloniously breaking and entering the dwelling-house of Saul Levy , on the 15th of June , at St. Dunstan, Stebonheath, alias Stepney, and stealing therein 1 milk-jug,
GUILTY - DEATH . Aged 30.(See Sixth Sess. p. 580.)
Second Middlesex Jury, before Mr. Baron Vaughan.
1156. DANIEL MURPHY and WILLIAM BOYLE were indicted for feloniously assaulting Joseph Day , on the 23rd of June , at Norton-falgate , putting him in fear, and taking from his person, and against his will, 3 shillings, his property .
The prisoner Boyle having refused to plead to the indictment, the Court directed a plea of Not Guilty to be entered.
JOSEPH DAY. I live in Kingsland-road. On Sunday, the 23rd of June, between twelve and one o'clock in the night, I was in Norton Falgate, returning from Shoreditch- I was walking along in the road, about a yard from the pavement, with my hands in my pocket, and saw the two prisoners standing on the pavement; I am sure they are the men - I do not know their names - one stepped off the pavement, and knocked my hat over my eyes, and the other put his foot out, and threw me down in the kennel; and as soon as I was down, one of them put his hand into my pocket, and took my money out - I felt his hand in my pocket; I had three shillings there, and some half-pence - they were in my right hand breeches pocket - I called the policeman, who came to me directly - they saw the policeman coming and one said to the other, "We must cut, for the policemen are coming;" he said, "Here is the policeman" - they started off - both ran away, and the policeman laid hold of one of them, and took him to the station-house - I went with him - I swear I saw sufficient of them both to know them again - I had had one glass of rum, and a pint of beer, about twelve o'clock at night - I had been working hard - I had nothing else; I was muddled, having been unwell; I had been under two doctor's hands - I had never seen the prisoners before to my knowledge - I swear they are the men.
Murphy. Q. What time did you give charge of me? A. Between twelve and one o'clock - only one of them was at the station-house; that was Murphy - the policeman took the other in the morning.
HENRY BARKER . I am a policeman. On the 23rd of June, I was in Norton-falgate; it was Sunday morning, between twelve and one o'clock - I heard the cry of Police, and on looking on the other side of the way, I saw the prosecutor laying on his back on the curb; I ran across - somebody said, "Here is the police" - the men got up from him; one ran towards the City, and the others down the Alley - there were three or four of them ran down the Alley - I saw about six men about him; they all ran away- I followed down the Alley, and took Murphy in the entrance of a little Alley which comes into Norton-falgate - I had not lost sight of him, and am sure he was one of the party that was round him, but I did not see his features - I said, "You have robbed the man;" he declared he had not; I gave him into custody, while I went in pursuit of the others down the Alley, but I did not succeed in taking them; I then came up the Alley, and received him from the other policeman - I took him to the station-house - on searching him, I found 1s. 8 1/2d. on him- on taking him from the station-house to the watch-house, he declared his innocence, and said I had taken the wrong man; I said, "Nonsense, you are one of the party;" and he said it was not him who robbed him, that it was a play-fellow of his - I am quite sure he was one of the party who were round him - the prosecutor appeared very confused, and quite insensible; he appeared frightened, for when I saw him on the ground, one or two were kneeling on him; he appeared as if he had been drinking - when he got to the station-house, he was quite correct in his statement, that was about ten minutes afterwards; the account he gave me was quite consistent with what I saw.
JOSHUA HARCOMB . I am a policeman. I was at the station-house when Murphy was brought there; he had been locked up but a very few minutes before he asked to see the inspector; I asked what he wanted, he said "It is very hard for me to be locked up for nothing;" I said,"If the man is correct, you are here for something;" he said, "It was not me that robbed him, it was a person named Boyle;" that he was standing by, but Boyle was the person that robbed him, and he thought as he stood at the corner, and saw the man robbed, it would be the better way for him to walk away - he gave me a direction where to find Boyle, and a description of him; and I went down on Sunday morning, about five o'clock, to look for Boyle; I found him in a public-house, near where Murphy had said I should find him - the description Murphy gave me of his person and residence was correct; he said he lived in Cock-alley, or Boar's-alley, on the first floor, and he mentioned the number; I found his account correct - I took Boyle, and put him in a separate cell from Murphy, and then called Murphy out, and said, "Is this the man you mean?" he said, "Yes, that is the man who robbed him, it is a hard case for me to be locked up for him" - Boyle made no answer, but went into his cell - I found nothing on him.
Boyle. Was I obliged to confess to him when I was taken?
HENRY BARKER re-examined. There were about six men about the prosecutor - I am certain Murphy was one of the party; they were all round him, two or three standing up and the rest kneeling on him and nobody interfering to prevent it - I cannot say whether the prisoner were kneeling on him; the persons who knelt on him had their backs to me.
Murphy's Defence. I am quite innocent; I was going home and I saw the prosecutor brought from Shoreditch by the party of men, and knocked down and robbed. I was going down the court when they were hustling about him, and I was going home when I was taken by the policeman, who said, "You must know something about it" - the inspector ordered me to be locked up on a charge of highway robbery, and in a few hours I said, it was a very hard case, and the policeman asked me, what I wanted of the inspector; I told him, and he went to look for Boyle - a young man named Dunnegan sent word to me in prison that he could not come up to speak for me without injuring the other prisoner.
Boyle's Defence. I wish to know when the prosecutor gave me into custody?
JOSEPH DAY . I never gave him in custody at all - the two prisoner were on the pavement when I first saw them; I could see them distinctly - I did not see the other man; I was down in the kennel - I only saw the two prisoners before that.
Boyle. I had witnesses here last Sessions, but it is too much trouble for them to come up again, and I have nobody to look after them - at Worship-street I called on Atfield to give me a character which he did; he had stopped me opposite Hoxton church with a quantity of linen, and asked Where I was going to take it to, I said, to Mrs. Hill, and I told him where I had brought it from, and he took me, and found everything correct.
MURPHY.* GUILTY - DEATH . Aged 27.
BOYLE. GUILTY - DEATH . Aged 22.
Second Middlesex Jury, before Mr. Justice James Parke.
1158. JOHN SHAW was indicted for feloniously breaking and entering the dwelling-house of Thomas Houldsworth , on the 27th of May , at St. Marylebone, and stealing therein 7 rings, value 5l.; 1 watch, value 2l.; 1 coat, value 1l.; 2 pair of breeches, value 10s.; 3 gowns, value 1l. 15s.; 25 sovereigns; and two 5l. bank notes, his property .
THOMAS HOULDSWORTH. I live at No. 10, Berner's-mews, in the parish of St. Marylebone . I have a stable there, and live over it - the staircase of my room is partitioned off from the stable; there is no communication between them - I live with my family in the room above the stables; there is no communication between the stable and the part in which I live - on the 24th of May an application was made to me by the prisoner to take the stable of me - I did not come to terms with him that day, but I did on the 25th - he agreed to take it of me and I gave him the key of the stable on the 25th - he said he wanted it to put a carriage and a few things in for a week or two, but not for long; I agreed he should have it, and he was to give a week's notice to quit - no carriage nor any other things were ever brought there by him - on Monday, the 27th I went out about one o'clock, I returned at near six o'clock in the afternoon, and when my door was unlocked I discovered two boards in the partition between the stable and staircase were broken down and laid on the stairs - when I went out at one o'clock, I locked the door and left nobody in my room - the partition was broken half a yard wide - when I went up stairs I missed twenty-five sovereigns, three £5 notes, seven gold rings, a silver watch, two pair of trousers, a coat, two pair of breeches, and three gowns; I had seen these things on the Sunday and this was Monday; every drawer was locked, I found them all broken open - I unlocked the door leading to my staircase when I came home, there was nothing the matter with that - I examined the lock of the stable-door, and that was all correct - the party must have broken into the staircase from inside the stable - the prisoner had given me a false reference and a false name; he referred me to Seymour-street, New-road, he gave no number, but gave his name as Young, he sent me a note agreeing to my proposal - I would not deliver the key and he came and received it from me himself.(Note read.)
"Sir - Have the goodness to send the key of the stable by the bearer; I hereby agree to pay nine-shillings per week, subject to one week's warning on both sides. Yours, respectfully,
Seymour-street. E. YOUNG."
Cross-examined by MR. BODKIN. Q. He afterwards told you he wrote the note at a public-house in Seymour-street? A. He said so after he was taken - he was quite a stranger to me - he did not say he wanted to put the things in the stable to avoid an execution - I gave the key of the stable to Mrs. Coleman to give to the prisoner - she knew him, but I did not know that at the time - I did not see him at the stable from the time he made the agreement, which was Saturday, until I missed the things - he was not at all intimate with me, nor do I think he knew I had property there, nor had the means of knowing I was going out on Monday - I have mentioned all the things taken, they would make a pretty large parcel.
COURT. Q. How large a parcel? A. A person might take them in their arms.
JURY. Q. Did you deliver the key on the 25th? A. Yes; there was no hole in the partition when I went out.
JOHN HADDEN . I lodge with the prosecutor - I went out with him on the 27th, about one o'clock; every thing was safe then; he locked the door - I returned with him nearly upon six o'clock - I went up stairs with him and saw the hole in the partition - I lost two sovereigns and two silk handkerchiefs.
Cross-examined. Q. You are stranger to the prisoner? A. I never saw him in my life.
MARY ANN COLEMAN . I am the wife of Thomas Coleman , and live next door to the prosecutor. On the 25th of May I was present when the prosecutor gave the key to the prisoner - I knew the prisoner before by the name of Shaw; I never knew him by the name of Young - on Monday the 27th of May I saw the prisoner come from the stable door with another man, between three and four o'clock in the afternoon; they came from the stable door - the prisoner had rather a large bundle wrapped up in a light-coloured handkerchief; he put it in front of him, when he came from the stable - and after he passed my door, he put it under his arm, so as not to attract notice - the other man walked away with him - I saw nobody else in the mews.
Cross-examined. Q. Did you know the prisoner was in difficulties and expected an execution? A. No; he said nothing of the kind - he did not mention the name of Young in my hearing - I was not acquainted with him, except that he took a stable of us; he did not pay for that; it was a year and a half ago - the two men were in my sight about five minutes I suppose - directly the stable door was shut they walked by me, as I was nursing my little girl at the door - I was standing inside my door, not outside; I was standing on the sill of the door - the mews is a thoroughfare - they might have gone out at the other end, without passing me - the strange man was nearer to me than the prisoner - the prisoner had the bundle under his arm, on the further side from me; it was in a light-coloured handkerchief - I can't tell the size of it, anybody might see it - I did not notice the other man, my attention was directed to Shaw - I think he was rather thinner than the prisoner; he had a hat on,
COURT. Q. Did you observe whether the prisoner locked the stable door? A. No.
JOHN JONES . I live at No. 19, Berner's-mews. I have a dye-house and premises there - on the 27th of May, between three and four o'clock I saw two men come out of the prosecutor's stable door - I am certain they came out of the stable; Shaw was one of them, and he had a bundle rolled up in a light-coloured handkerchief - I saw Shaw lock the door and put the key in his pocket - the two men both turned round and walked away together - I saw nobody else in the mews.
Cross-examined. Q. I suppose you did not suspect anything? A. I did not; I saw him for about a minute and a half; he was about the length of this court from me- I had never seen him before, and had no conversation with him - I am confident of him, I was confident before the magistrate the first time - I said, I believed it to be him, but would not swear to him - I am now positive of him - I said he was the man and swore to him, at the office - I don't know that I have ever stated that I was not certain he was the man; I was satisfied that he was the man - I went to the station house on the Wednesday following, and saw him in custody - I said he was the man, but I could not swear to Saunders and Jones, who were taken into custody with him - I identified Shaw directly at the station-house - to the best of my knowledge I did not say I believed him to be the man, but was not certain - I knew he was the man, and believe I always said so; I swore to him at the office, and at the station-house - I have always said I was highly satisfied he was the man - I will not swear I never said he was not the man.
COURT. Q. Are you now sure the prisoner is one of the men? A. I am; but I had a doubt of Saunders and Jones.
MR. BODKIN. Q. Did you not say just now you would not say you had not a doubt of him at one time, because you were afraid it might be brought against you? A. I might have used the words in the agitation of the moment, but I did swear to him - I am a master dyer.
EDWARD HUGGLESTON . I am police-sergeant. I apprehended Shaw on the 29th of May, at six o'clock in the morning - I found nothing on him - two other men were with him, who I took at the same time - the prisoner said at the office that he wrote the note in a public-house, and that it was no address - I don't know where he lives- I went to Seymour-street, but could find no such person.
Cross-examined. Q. When did you go to Seymour-street - after he had explained to you about the note? A. No; I went on the Monday night - I did not show him the note; it was before the magistrate that he mentioned about the note - he said, "It is no address, I wrote it in a public-house" - there is a public-house in Seymour-street; I was not at the station-house when Jones came there - I had no conversation with him about it - Davis, the other officer, was not bound over - I locked the prisoner up, and Davis fetched the prosecutor and witnesses, but I was not present when he saw the prisoner at any time.
Prisoner's Defence (written). My Lord and Gentlemen of the Jury, I humbly beg to tresspass a few minutes upon your time, while I state the facts of the case for which I now have been tried. I am by trade a gold beater; not having sufficient business to employ the whole of my time, I took the stable in question of Mr. Houldsworth for the purpose of selling horses by commission, being supplied by a relation of mine with horses. The female witness for the prosecution (and the only one who swears to my coming out of the stables) must admit that some time back I hired the stable of her, and placed therein two horses. The witness also states, that between the hours of three and four o'clock on White-Monday, she saw two men come out of the stable. She identifies me, but not the bundle, (which must have been a very large one) - neither can she identify the other man. The other witness cannot swear to me; but thinks that the bundle carried was tied up in a white handkerchief. I have six or seven witnesses to prove where I was between the hours of three and four o'clock on Whit-Monday, whom I should like your Lordship to examine. I must beg to clear up another fact which may probably place my case in an unfavourable light, that is, the taking the stable in the name of Edward Young instead of my own. The reason was because there were law proceedings out against me for a debt of £30 and the expenses; and I knew that if the place was known to be occupied by me, judgment would have been entered up. I therefore trust, that the prejudice, if there was any, will be done away by the above explanation. I can assure you most solemnly that I am innocent of the charge laid against me; not a single vestige of the articles has been traced to me - indeed the worthy magistrate discharged me on the evidence produced before him, but by the suggestion of the magistrates clerk I was committed for trial. I am a married man with a family, and have been unsuccessful in business, but a felony I never committed in my life, which can be proved by witnesses as to my character up to the very time of my being taken on the present charge. I trust, under all the circumstances of the case, you will well weigh the evidence of the witnesses for the prosecution. The fact of the female witness being the only one who identifies me; she might be led to swear so, owing to vindictive feelings; the rent of the stables which I took from her not having been paid. I have nothing further to add, but that I feel confident that I am standing before an impartial Judge, and a discerning Jury of my own countrymen; in whose hands the life of a fellow creature is safe; and that I shall be allowed the benefit of any discrepancy which might have occurred during my trial.
MARY ANN COLEMAN re-examined. The prisoner rented a stable of us, No. 1, Torrington-mews, and had horses there - it is a year and three quarters ago - I think it is as long as that since he left them; I know nothing of him since, until I saw him at the prosecutor's stable - he put nothing into Houldsworth's stable, I am certain - it was nearly evening, on Saturday, when he got the key; the prosecutor took it from my hand, and put it into the prisoner's hand - I was at home all day on Sunday; I did not observe any body at the stable, nor did I observe him there on Monday, till I saw him passing my door.
MR. BODKIN. Q. How much did he owe you for the rent? A. Only 16s. or 17s., I have no spite against him.
COURT. Q. Are you sure it was between three and four o'clock that you saw him? A. I am quite certain of it; it was Whit-Monday.Edward Young - I live at No. 21, Broad-street, Bloomsbury; I was at the Nag's Head, in New Compton-street, Soho, on Whit-Monday - I went in there at twelve o'clock, and came out at two o'clock, and went to Hammersmith; my brother was there when I went in at twelve o'clock, and said he had just arrived - I left him there at two o'clock.
WILLIAM FARLEY . I am a goldbeater's book-maker, and live in No. 22, Plumtree-street, Bloomsbury. I am acquainted with the prisoner; he is a goldbeater - I went to the Nag's Head on Whit-Monday, about twelve o'clock; there were a good many people there, the prisoner was there when I went in - I remained there till eight or nine o'clock at night, and he remained there during the whole of that time.
COURT. Q. He was there at twelve o'clock, and staid the whole time? A. Yes, I never missed him.
MR. BODKIN. Q. Could he have gone out for any time, without your missing him? A. He could not - I dined at the Nag's Head between two and three o'clock, the prisoner dined with me - we had some boiled beef, which was fetched from the corner of Crown-street and Compton-street; no other person dined with us - M'Ewen fetched the beef - our dinner occupied us about ten minutes; we only had it on a bit of bread, it was only six ounces of beef - the prisoner continued there drinking after dinner, and being Whit-Monday, we were there drinking nearly the whole of the day - we did not pay attention to business; there was only us two dining together; we drank in the same room - we were drinking together, me, and six or seven more - there was Doley, Clayton, and Clark there; I have been acquainted with the prisoner ten years, I never knew a word against him, he bore the character of an honest man.
COURT. Q. What business was he carrying on at this time? A. He was a journeyman at the time, but had not sufficient work to do - he was in temporary work, not quite out; he was working at a person's named Woodfield and Tomkins, perhaps he had one week in a month or three weeks - I cannot tell whether he was working in that particular week; I knew him keep a livery stable in Torrington-mews - he has often said how bad he was off, and he must get some other place to work; I had no particular conversation with him on this day as to how he was to get his livelihood - I first saw him that day at the Nag's Head; he was sitting there, taking part of a pint of ale - it was about twelve o'clock.
CHARLES CROSS . I am landlord of the Nag's Head, New Compton-street. The prisoner was at my house last Whit-Monday - I do not know at what time he came, but he was served with a small portion of spirits by my wife at the bar, between two and three o'clock, in my presence - he might have been in the house before that, without my seeing him; there were a great many people there - my house is a place where goldbeaters resort to; there were people of that trade there until nine o'clock at night - I do not know at what time the prisoner left, but I saw him between three and four o'clock, coming out of the parlour to the bar; I was in the bar; I believe he was then going into the back-yard - I did observe him leave the house at all.
COURT. Q. Did you see him afterwards? A. I think I saw him once after that, but I cannot call to mind where it was, but it was in my house - I did not see him afterwards to notice him.
JURY. Q. Is there any back entrance to your yard? A. Yes; a person can get out there - I have known him between three and four years - and always thought him an honest character.
WILLIAM DOLEY . I am a tailor, and live at No. 18, Compton-street. I was at the Nag's Head, on Whit-Monday, between twelve and one o'clock; I saw the prisoner there when I went in - I remained there until about seven o'clock in the evening; I am satisfied that the prisoner remained there as long as I did.
COURT. Q. Did you never see him go out? A. I did not; he might have gone out of that room for about five minutes, but I did not observe that he was absent.
MR. BODKIN. Q. You were drinking, all of you? A. Yes; I certainly did not lose sight of him for a quarter of an hour.
COURT. Q. Was he drinking in company with you? A. Yes - I did not dine with him; Farley did.
MR. BODKIN. Q. When you left at seven o'clock did you leave him there? A. I did - I have known him four or five years; he bore the character of a particularly honest person.
COURT. Q. Have you had any dealings with him? A. I have, in my business - I and Doley, and Shaw, and Clayton, and Clark, were all drinking together - I am quite positive he was there between twelve and one o'clock, when I first went in - he was speaking to Farley; I believe they were in company together - I dined there, not at the same table with them, but in the same room- I am a master tailor - he was absent for about five minutes; I think it was about five o'clock that he went out - I am sure he never went out for any length of time before five o'clock; I never missed him before that; I missed him only once - they had beef and bread for dinner.
JOSEPH CLAYTON . I am a journeyman gold-case maker. I live at No. 49, New Compton-street - I have known the prisoner between four and five years, he always bore an honest character - I went to the Nag's Head on Whit-Monday, at two o'clock; I live opposite the house- I saw the prisoner there, he was there before me - I staid until five o'clock, or a little after, till I was sent for
COURT. Q. You never missed him at all? A. No; according to my opinion he was no out of the room from two o'clock till five.
George Woodfield, master goldbeater, No. 10, Suffolk-street, East-street, Pancras; Horace Tabrel, master goldbeater, No. 17, Nassan-street, Middlesex-hospital; and Henry Grey , master goldbeater, Hertford-street, Fitzroy-square, gave the prisoner a good character.
JURY to MRS. COLEMAN. Q. Did you clearly recognize him at the time he received the key, as the same man who hired the stable in Torrington-mews? A. Yes; I recollected him then as being the man.
Prisoner. Had this trial come on last sessions I had other witnesses to the alibi, and one principal one.
GUILTY - DEATH . Aged 32.
Recommended by the Jury on account of his character .
OLD COURT. Wednesday, August 14.
First Middlesex Jury, before Mr. Justice Littledale.
* The Prisoners against whose name an asterisk is placed, having refused to plead to the indictment, a plea of Not Guilty, was entered by the Court.
GUILTY . Transported for Seven Years .(See Sixth Sess. p. 611.)
Before Mr. Baron Vaughan.
1160. EDWARD CHAMBERLAINE * and ANN HILL * were indicted for, that they, on the 22d June , 1 mould in and upon which was made and impressed, the figure and resemblance of one of the sides, to wit, the obverse side of the King's current coin, called a shilling, knowingly and without lawful excuse, feloniously had in their custody and possession , against the statute, &c.
2nd COUNT. Like the first, only substituting the word"reverse" for observe. (See Sixth Sess. p. 603.)
MESSRS. SCARLETT and ELLIS conducted the Prosecution.
THOMAS FOGG . I am a constable of the Thames Police. In consequence of information, on Saturday 22d of June, I went to a house in Devonshire-court, Nicholl-street, St. Matthew, Green , with Creber, my brother, and Mr. Mitchell, our Inspector - the street door was open - I and Creber went in; the ground-floor front-room door being fast - I immediately burst it open, and the two prisoners were laying on the bed, it was about half after two o'clock in the day time - the female prisoner was dressed, and the male prisoner partly undressed; they immediately jumped up, and the female prisoner said,"Oh my God" - Chamberlaine said, "It is all right, Fogg, I have been working a square game" - I secured Chamberlaine, and Creber secured Hill - I searched Chamberlaine and found nothing on him - I went to the left-hand cupboard, by the fireplace, and underneath a pan of water, I found some pieces of metal, a file, with white metal in the teeth of it; a tobacco-pipe, with some white metal in the bowl of it - I then searched the cupboard, on the other side of the fire-place, and found undernerneath the floor, in the cupboard, concealed among some dirt, a mould, the floor was decayed - I found the mould wrapped in a piece of white paper - I immediately gave it to Mr. Mitchell; the cupboards had no doors to them.
Cross-examined by MR. DOANE. Q. Did Creber go into the room with you at first? A. He did; I observed none of these things in any part of the room, except the cupboards - they could not be seen by a person going in casually; they were concealed.
COURT. Q. Did you know the prisoners? A. Yes; I have had them in custody before for the same offence, and I believe they lived together in the room - I have no reason to suppose them married; they go by different names; I have seen them going in and out there.
JAMES FOGG . I am a Thames police-surveyor. I accompanied the other officers to the prisoners lodging - I entered the room immediately after them - I cut the bed-tick open, seeing a hole in the middle of it - I cut it larger, and turned the whole contents of the bed out, and found a bag with forty-three counterfeit shillings in it - I gave them to Mr. Mitchell; and I found six counterfeit half crowns, in a piece of white paper, in the tick - Chamberlaine said to Hill, "This will lag us Sal," (that means transport) she made no remark to that - he said he had been there two months, and that he did not take the room.
Cross-examined. Q. You went in after the other officers? A. Yes; rather.
ALEXANDER MITCHELL . I am inspector of the police. - I accompanied James Fogg to the house; Thomas Fogg and Creber got there before us; we followed them in directly - I entered the room on the ground-floor, and then both the prisoners were standing up, off the bed - I saw them secured; there was a conversation as to whom the room belonged to - Hill said she hired the room, and paid for it- I found in the cupboard on the right-hand side two bags of plaister of Paris, and I saw Fogg find the mould - he handed it up to me; I produce it - James Fogg handed the couterfeit coin to me from the bed; I produce that - I believe this to be the same - but after the former trial I mixed some other counterfeit coin with them; but I believe these to be the same - I know what I found were counterfeit - there were two bands in the bag of plaister of Paris; they were pieces of old hats - I have destroyed them.
Cross-examined. Q. You say you had ascertained the coin to be counterfeit, was that from Mr. Field's evidence? A. No; from my own knowledge - it is so soft a metal; it is different from silver or any other coin.
COURT. Q. Did the man say anything about the room? A. Yes; he said he only came there occasionally to see Hill.
Cross-examined. Q. The male prisoner never paid you any rent? A. Never; I have seen them go in and out, both separately and together - I saw one as much as the other.
JOHN FIELD . I am inspector of coin to the mint - I have been in the habit of seeing counterfeit coin for many years - this is a plaister of Paris mould - having on one half of it, the observe side of a shilling impressed, and on the other, the reverse side - this mould would stamp the impression of a shilling in all respects, and it appears to have been used for that purpose; I have a shilling in my hand which I believe to have been cast in this mould, it corresponds in all respects with it - here is a piece of metal which is called a get, which appears to have been made in this mould, it fits the channel; all the shillings produced are counterfeit, several of them have not been cast in the mould - here are only two which I can be positive have been cast in this mould - the half-crowns are all counterfeit; they are all the same kind of metal - the metal can be easily fused in a tobacco pipe, and poured into the mould - a small band of hat might be used to confine the plaister.
JAMES FOGG re-examined. Q. You spoke of finding a mould in one cupboard, and one in another? A. No; I only found it in the right hand cupboard - the mould in the white paper is the same mould as I mentioned before.
Chamberlaine's Defence. One thing I have to say, that is, the landlord is wrong to what he said the first time - he said at first he had seen me frequently there, but could not say that I lived there.
HENRY HACKER re-examined. I said they lived there as man and wife.
Chamberlaine. Very probably the things found there were left by characters who lived in the room before me, which I could bring witnesses to prove; I did not live with Ann Hill - I only came now and then to her - I happened to come on Friday, I was playing at skittles in Brick-lane, I got intoxicated, I went to her, and remained there till about eight o'clock at night, then went to a wine-house, and returned home about one o'clock in the morning; I went to her, and was there until I was taken - Fogg said, the door was fast, it was only on the latch - it was not fastened - the lock hung by one nail - the door was falling to pieces - the pannels were not thicker than half a crown.
THOMAS FOGG re-examined. The door was fast, I tried it, and burst it open - I don't think there was any lock to it - I think it was bolted - I did not look at it when I got in; I put my shoulder against it, and knocked it all to pieces - I saw that there was a latch to it, and that was fast; I will not swear there was a bolt.
Hill's Defence. We had not lived together, not for eight months.
HENRY HACKER re-examined. I let the room to them furnished - there were two doors on one cupboard, and none on the other; the cupboards were cleaned out, when they came - there was a lock on the cupboard which had a door to it.
CHAMBERLAIN - GUILTY . Aged 22.
HILL - GUILTY . Aged 25.
Transported for Life .
Before Mr. Baron Vaughan.
1161. MARIA WOOD was indicted for, that she, on the 27th of May , in and upon Louisa Smith , feloniously maliciously, and unlawfully, did strike, stab, and cut her, in and upon her right arm, with intent feloniously, wilfully, and of her malice aforethought, to kill and murder her , against the statute, &c.
TWO OTHER COUNTS, stating her intention to disable or to do her some grievous bodily harm.
LOUISA SMITH. I am an unfortunate girl. I never saw the prisoner before the night in question - on Whit-Monday, the 27th of May, I was in company with two or three more girls, about ten minutes after twelve o'clock, we were two or three doors from Old-street , walking together in Goswell-street, and saw the prisoner; I believe she was alone, I had no conversation with her - we were laughing and talking together when we met her - she ran up to me, and stabbed me three times in my right arm; I do not know what with - I never saw any thing in her hand; I have the marks of the wound on my arm now - I had said nothing to her: I never saw her in my life before - she could not owe me any grudge; I was sober, I do not know whether she was - she said nothing when she stabbed me, but ran away - she stabbed me in three places; it did not bleed much, very trifling, just scratched my arm - I had no surgeon; a gentleman at the station-house told me to put some simple dressing to it, and it got well.
NOT GUILTY .
Before Mr. Justice Littledale.
1162. JOHN WILLIS * and SARAH JAMES,* alias WILLIS , were indicted for feloniously breaking and entering the dwelling-house of Joseph Jessup , on the 29th of May , and stealing therein 1 cloak, value 30s.; 1 dress, value 2l.; 1 skirt and body, value 15s.; 12 handkerchiefs, value 1l.; 4 shawls, value 5l. 10s.; 1 frill, value 1s. 6d.; 4 brooches, value 1l.; 1 necklace, value 6s.; 3 rings, value 15s.; 2 pairs of ear-rings, value 5s.; 1 breast pin, value 3s.; 1 seal, value 1s. 6d.; 6 tea spoons, value 1l.; 1 pair of sugar tongs, value 10s.; 1 yard and a half of silk, value 2s.; 2 snuff boxes, value 13s.; 1 boe, value 3s.; 1 pocket-book, value 1s. 1d.; 3 half-sovereigns, 13 shillings, and 1 penny, the property of Elizabeth Allen . (See Sixth Sess. p. 584.)
ELIZABETH ALLEN. I am a single woman , and live in Charles-street, Greenfield-street, Commercial-road . I only rent one room in the house - on Whit-Sunday, the 26th of May, I had occasion to leave my room, and went into the country - I fastened my room door by
Cross-examined by MR. RYLAND. Q. How long had you lived there? A. About three months - they came there on the Saturday following the Monday that I did, which was the 25th of March - they lived in the back room, and I in the front; I do not know whether they are married - I am single, and live by tailoring; nobody could go into the room without my permission - I saw all the things safe on Saturday night, for I examined my drawers, as I wanted some things to take with me - I took the key of the room with me.
MR. BODKIN. Q. How long have you worked for tailors? A. About five years - I obtained these things when I was in servitude, but I became a cripple and left service - they were worth 20l. 8s.
JOSEPH JESSUP. I rent the house - the prosecutrix has lived with me about three months; the prisoners have had a furnished room in my house about seven weeks, on the same floor as the prosecutrix, but in a different room - I remember the prosecutrix leaving on Whit-Sunday, about eight o'clock in the morning - the prisoners were both at home at that time; the female prisoner told me that Mrs. Allen was gone into the country; and would not be home until Thursday afternoon - she said Mrs. Allen had told her so; I had no conversation with the male prisoner about it - they hired their room at 3s. 6d. a week - the week expired on the Sunday, when I had this conversation; they left my lodgings on the Wednesday following - Willis had come home very much intoxicated on the Sunday, and I told him he must leave; he came home intoxicated about three o'clock in the afternoon, and I said he must leave my house, as they quarrelled, and he ran away on the Wednesday afternoon without giving me any notice - I had told him he must leave the house if he went on with that sort of conduct, but I had given him no notice, and did not know of his going - he owed me no rent, except for the few days - the woman left the lodging with him - I live in the house and let the rooms out separately.
Cross-examined. Q. Are you a family man? A. I have a wife and one child; we all live and sleep there; the man hired the apartment of my wife - I was not present; she would not allow them to come in till I came home, and then I told them, they might come in - I always considered them to be man and wife.
Cross-examined. Q. I suppose you expected a married couple were coming? A. Yes.
SAMUEL PRENDERGRASS . I am an officer of Lambeth street office. On Wednesday, the 5th of June, I received a communication respecting this robbery, and went to Newcastle-court, Strand, to a common brothel, and found the male prisoner up, and the woman in bed in the same room; I asked the man what his name was, he said, Hutton; after some further conversation he acknowledged his name to be Willis - I told him I was going to take him into custody, for robbing Mrs. Allen's apartment in Charles-street, and that I was going to search the room; he said nothing; I told the female prisoner that she must go with me - she heard what I said to the man; I proceeded to search the room, and brought away some things which I produce; here is a yard and a half of silk, some pearl beads, and part of a gold pin - I found them in a drawer, in a chest of drawers in the room - I showed them to Mrs. Allen next morning, and she claimed them; the male prisoner said they were his ownproperty, and he could prove it - the prosecutrix picked them out from a great many other things which I had, and identified them.
ELIZABETH ALLEN. This silk is mine; I bought it of Harriet Jessup, the landlady, for a bonnet - I lost a piece of this colour and quality, and the same quantity; it laid along with my best gown in the drawer - I can swear to the colour, and a stain on it which I had noticed before I lost it: and here is a piece of the same silk which was left behind - I have not a doubt of it; and here is a part of a pearl necklace - I lost such things, and I had such a pin; it was in the drawer, and so was the necklace; they were altogether - the pin had a head to it, which has since been taken off.
Cross-examined. Q. I suppose you mean to say, you lost such beads? you don't mean to swear to these particular beads? A. Yes; they are my beads - I identify them - I don't know every one of them, but I have had them often enough in my possession - they were strung when in my possession, but are not now; they are like mine - the pin I lost had a head to it - I made this stain on the silk accidentally with my finger - it is grease.
Q. Well, but this W. A. is the mark that you showed to me first? A. No, it is not the mark - I did not make that - I did not know it was there before you showed it to me - here is the mark I know it by; it is a stain - I saw that before I left town; I did it with my own fingers - it was there when I put it into my drawer, on the Friday before I went out - my hands were dirty at the time.
MR. BODKIN. Q. Was this piece cut off that? A. Yes, by Mrs. Jessup.
COURT. Q. You don't mean to swear to the beads?
HARRIET JESSUP re-examined. I received this silk from Mrs. Willis, with more, to make a dress of; I sold this piece to Mrs. Allen, and cut this small piece off it to make it a yard and a half - it is the same silk, and came off the same piece - this small piece remained in my custody till after the robbery.
Cross-examined. Q. Where did you get the silk? A. I got it from Mrs. Willis for making her a dress, instead of money - she gave it me about a week or fortnight before I sold it to Mrs. Allen - I kept the small piece, and have had it ever since; these two pieces make all that Mrs. Willis sold me - I did not sell both to Mrs. Allen.
JURY. Q. Had Mrs. Willis any more of this silk in her possession, when she gave you this? A. Yes; about 20 yards - she told me she had pawned that - Mrs. Allen gave me 2s. 6d. for this silk; the two pieces now produced once formed one piece.
SAMUEL PRENDERGAST re-examined. After the last conviction took place, this silk was in my possession - the letters W. A. had been put on it since that to identify it.
John Willis 's Defence. I had 28 yards of silk, and Mrs. Jessup had it to make a gown for the other prisoner, she cut this piece of it from what was left, to make it level, that I might take it to pawn, and now she says she cut it off that piece.
JURY to ELIZABETH ALLEN. Q. How do you identify the part of the pin? A. It is such a pin as I had, but the head is now off, and I know it by the twist - I had had it in my possession between five and six years.
HARRIET JESSUP re-examined. I had 40 yards of that silk from Mrs. Willis - I used about twenty yards, for she had a bonnet and other articles - after cutting it from the dress it remained in this shape; I did not cut this piece off what I returned to her - she brought me the yard and a half with this piece joined to it, afterwards, to pay me with it, for making a dress for her; and I cut off this piece to make it even, to sell to the prosecutrix - I cut it off the yard and a half, but not off the 20 yards.
MR. BODKIN. Q. You cut off sufficient for the dress, and there was about 20 yards left? A. Yes; this cut piece was on the end of the 20 yards, and I delivered it to the prisoner - she afterwards brought me down this yard and a half of silk, and this small piece joined to it, and I cut off the small piece before I sold it to the prosecutrix, and have had it ever since - on comparing this end with what I have, I can swear that is what I cut off - she had a dress, a bonnet, a bag, and other articles made; and she brought this down to make a bonnet for myself, instead of money; and she told me in the course of a week, that Mr. Willis had taken the rest to be pawned.
John Willis. That would correspond with any silk of the colour - I know nothing at all of the robbery - the reason I left the house was because Mrs. Jessup told my fellow prisoner, she owed a man named Walker in the Commercial-road a grudge, and if she could get £3 in his debt, and run away, and give her part of the property, that she would say she was gone away, and and she did not know where too - she got in debt with the man, and we left - this piece of silk was never given at all to Mrs. Willis, nor to Mrs. Jessup; nor are the beads pearl, nor the pin gold; the beads are glass, and the pin metal - she swore at the other trial they were pearl - as to the house I had only lodged there a few days, and did not know what sort of a house it was.
Sarah James's Defence. Mrs. Jessup cut this piece off the piece which she returned to me, after making the dress, to make it even, as I told her it was no use - I gave her no silk afterwards; she had 4s. 6d. from me, at different times, for making the dress.
NOT GUILTY .
Second Middlesex Jury, before Mr. Sergeant Arabin.
HENRY KEW . I am a music smith . I live in New-street, Golden-square - I took the prisoner to learn him my trade, on the 2nd of March; he is my nephew - I employed him to receive money on my account - Messrs. Broadwoods, of Golden-square , owed me 18s.; I sent the prisoner for that money on Saturday the 25th of May- I paid him 7s. a week; he never returned to me - I saw him again on the 2nd of July; I could not find him before - he had given me no notice - he never returned me the money - he was apprehended in Woburn-place, in July; and I asked him how he could think of robbing me? he said if he had not robbed me, he should have been taken up for debt,
EDWARD WILLARD . I am in Messrs. Broadwood's service - I saw 18s. paid to the prisoner by Mr. Chambers - I saw him receive the money, and here is the book in which he has put his initials, acknowledging having received the money - I saw him put his initials to it.
GEORGE FRANCIS . I am a policeman, when I was coming off duty, at six o'clock in the morning, Mr. Kew was in Tavistock-place; he called to me, and desired me to go and take the prisoner into custody for robbing him - I went, and took hold of him, but the moment he saw Kew he said, "I was forced to do it; for I should have been taken for debt if I had not done it" - Kew said "How could you rob me when I took you to learn your business, and allowed you 7s. a week?" - he said,"I was obliged to do it, to pay some debts" - Kew said,"If you can give me an account of what you have done with the money I will not prosecute you" - he said, "I owed the chandler's shop 4s." - Kew said, "Have you paid it?" - he said, "No" - Kew said, "What have you done with the money?" - he said, "I made it last me as long as I could" - I said, "Do you deny the charge?" - he said, "No."
Prisoner's Defence. On the 22d of May, my uncle told me he would turn me away, and threatened to beat me, and therefore I left him on Saturday night; he has threatened a great many times to beat me.
HENRY KEW. I did not threaten to beat him; I said if he did not pay more attention to business, I should be obliged to discharge him.
GUILTY . Aged 17. - Confined Six Months .
William Lyon . - To which indictment the said Richard Wilson pleaded.
GUILTY - Transported for Life .
SARAH DARBY. The prisoner is my nephew - I lost this money out of a box at his father's house - I live in Field-street; his father lives at No. 6, Copenhagen-street , and keeps a laundry - I left my trunk in the prisoner's bed-room; he lived at home with his father - I first left it there two years ago - I had a small box in that trunk, containing eight sovereigns; the trunk was always locked, and I kept the key - on the 10th of May, I went to take some money out, and found the trunk wrenched open, and the eight sovereigns gone; I missed nothing else - I did not suspect any body in particular - he had been living with his father, and had left about ten days, when I discovered this - I went to the police-station, and described him, as I suspected him, and he was apprehended in ten days - I never got my money.
GEORGE HAVILL . I am a policeman. I apprehended the prisoner on the 4th of June in Chapel-street, Clerkenwell. from a description given at the station-house; I saw him sitting on the steps; I went up to him, and said,"Is not your name Darby?" he said, "No" - I was satisfied it was him, and told him I apprehended him for robbing his aunt of eight sovereigns; he said, "I will go with you any where, don't handle me" - on the way to the watch-house, I said, "I am persuaded you are the boy;" he said, "Oh! it don't matter, there are others in it as well as me;" and then he said two boys had persuaded him to do it; I said, he had better not say any thing; he said No, it did not matter, that he took the money, and went to a public-house and changed a sovereign, and one boy kept the change from him; and they persuaded him to go to Gravesend, and introduced him, to the landlord of the Marquis of Cornwallis, that he went to sleep, and the landlord took the money from him, and kept him while it lasted, and then sent him to London - I found a box of fish poison on him, which he said he gave twelve shillings for.
SARAH DARBY. I lost a brooch at the same time.
Prisoner. All the officer has said is false, I said I had been to Gravesend to look for work.
GUILTY . Aged 16.
Transported for Seven Years .
1166. MARGARET BENNETT * was indicted for stealing, on the 22nd of May , at St. Marylebone, 1 shawl, value 1s. 6d.; 1 pair of shoes, value 6d.; 1 cap, value 6d.; 1 basket, value 6d.; 1 collar, value 6d.; and 2 handkerchiefs, value 6d. , the goods of Elizabeth Rose . (See Sixth Session, p. 564.)
ELIZABETH ROSE. I now live at No. 25, Richmond-street; but at the time in question I lived in Great James-street, right opposite the church. On the 22d of May, in the morning, I met the prisoner in the Edgeware-road ; I was taking a walk, not being very well - I work at tailor ing - I met her a little before six o'clock in the morning; (I used for some weeks to get up at five o'clock to take a walk before I began work) - she was quite a stranger to me; when I met her she spoke to me about a young man bringing a shawl and bonnet there, to a stall belonging to a young woman who had made away with herself; she asked if I saw it, I said I did; we began conversing together; I said she might go home and have breakfast with me, and she went home and breakfasted with me; and I laid down a little while, having a pain in my feet and ancles - this was about eight o'clock - I awoke in a very little time, it might be a quarter of an hour, and the first thing that I missed was my shawl, then a blue and white handkerchief, a collar, a cap, and a pair of shoes, all of which had been in my room - the prisoner was gone - I spoke to a policeman, and he went and found her about eleven o'clock - I went to a pawnbroker, and found my shawl; I have it on now, it is the same.
DENNIS KEYS . I am a policeman. I was in the Edgeware-road on the 22nd of May, about a quarter to eleven o'clock - the prosecutrix told me what had occurred; I told her to go with me - we went to Cato-street, Soho, and found the prisoner in bed - I found a basket there containing two glasses, a cap, and a collar; and the prosecutrix had found a handkerchief and duplicate, which lead us to the pawnbroker - I asked the prosecutrix, if the prisoner was the girl, she said, she was; she denied having robbed her; I told her to dress herself, and brought her to the station-house.
ELIZABETH ROSE. I am a widow. The shawl is mine - I lost a basket and the collar I have on; I found the collar in the basket - she said, she was sorry she had done such a thing, and would never do so again.
Prisoner's Defence. She took me home to breakfast - we had something to drink - I got intoxicated, and do not know whether I took the things or not.
GUILTY . Aged 20. - Transported for Seven Years .
JOHN SHILLINGFORD . I am a culter. Peter Pige is a pawnbroker - about eight o'clock in the evening of the 25th of May I was close by his door and saw the prisoner alone; he snatched something down, whipped it under his arm, and ran - I had my slippers on and did not pursue, but immediately told Mr. Pige.
Prisoner. Those are not the trousers he produced against me before.
Witness. They are, they have my mark on them - I swear they are the same - I swear the trousers found were mine, and I have had them ever since.
Prisoner. The trousers he produced before had black buttons on them, they have been mixed with others since. Witness. They are the same, the buttons have not been altered on them.
GEORGE ALDEN . I saw the prisoner running and the prosecutor following him - I saw him throw something black over a wall - I continued to pursue the prisoner and came up with him, and secured him - he struck me once or twice before the prosecutor came up - I never lost sight of him at all.
THOMAS PAGE . I was at home at my house and observed something come over the wall - I heard the cry of Stop thief; the prosecutor came to the door, and said some of his property was thrown over the wall - I went into the garden and picked them up; they proved to be his trousers.
Prisoner's Defence. I went to Bishop Bonner's fields to bathe, and the young man came up and took me - I did not know what it was for - I have put my parents to such expence, they could not bring witnesses again to my character.
GUILTY - Aged 15. Transported for Seven Years .
JAMES GRIBBLE . I am a shoemaker, and live at No. 53, William-street, Regent's-park. On the 2nd of July I was employed at Mr. Halfyard's, cutting out work, but between twelve and one o'clock a gentleman called on me on my own business, and I saw the prisoner come off the step of Mr. Halfyard's door with a pair of shoes in his hand, which I had cut out and made myself - he was a stranger - the shoes had been in the window; he could not take them without going into the shop - I was standing outside, talking to a gentleman; I thought he had bought them, but next morning I understood they were missing - he had been in the course of the same day to be measured for a pair of shoes, and afterwards came back and stole these - next morning they told me a pair of shoes were missing - they said me the prisoner lived at No. 7, Clarence-gardens; I went there, and told him I had come for the pair of shoes he had taken from Mr. Halfyard's the day before - he said he had seen no shoes - I said, "Yes, I saw you with a pair in your hand, which I made myself" - he said, he had not - I said, "I can swear it, and you must consider yourself as my prisoner" - he then cried, and said, "I did take them; a big boy, who was waiting outside, persuaded me to go back and steal them" - I took him back to Mr. Half-yard's, who insisted upon knowing where they were - he took me to Albany-street, to a boy named Stevens, where I found them - these are the shoes.
Prisoner. I did not go back and take them - I had them instead of a pair I was measured for, and I paid for them.
Prisoner. I was in a situation as footman, and the policeman gave me a bad character - I said I had bought them; not that I stole them.
FREDERICK CALLIMORE . I am a policeman. I produce a certificate of the prisoner's former conviction, which I obtained from Clerkenwell Sessions-House, from the clerk of the peace, (read) - I was a witness against him; he is the person.
Prisoner's Defence. I went into the shop between two and three o'clock, and was measured for a pair of shoes - Mr. Halfyard showed me these; and said, would I have them instead; I said I would, and I paid for them.
GUILTY * - Aged 16.
Transported for Fourteen Years .
1169. ROBERT BARRELL was indicted for stealing, on the 5th of June , 3 lbs. of candles, value 1s. 6d.;1/2 lb. of soap, value 4d.; 18 shillings; and 1 penny, the property of Joshua Thompson ; and that he had been before covicted of felony . (See Sixth Session. p. 618.)
JOSHUA THOMPSON. I keep an oil-shop in Sussex-street . On Wednesday night, the 5th of June, a witness brought me an order which was produced in Court last session - I have not seen it since I left it in Court; I do not know what has become of it - it was for 2lbs. of long sixes. 1 lb. of rushlights, 1/2lb. of curb soap, and the remaining change of a sovereign, to be sent to Mrs. Nicholson, No. 40, Sussex-street - I had a customer named Nicholson; I afterwards went to that house, and saw the name of Nicholson on the door, and ascertained that Mrs. Nicholson had been gone to the Continent - I sent the goods according to the order, by the boy; he soon afterwards returned, and gave me a yellow medal, with George IV., and a head; it was given to the officer, and produced on the last trial - one side had the appearance of a sovereign, and the other side had not - the prisoner was afterwards apprehended; no conversation passed between us - I sent eighteen shillings and one penny in change, with the goods - all I ever got for it was the medal, which is not worth a penny.
Prisoner. Q. What description did your boy give you of the person who gave the medal? A. From the de
HENRY READING . I live at home with my parents, my father is a cab driver - I know the prosecutor's shop; I went there with a written paper, which the prisoner gave me - he met me in Sussex-street, and said, "If you will take this note to Mr. Thompson, I will give you a penny," and I took the note.
Prisoner. Q. How was the man dressed? A. I don't recollect - I don't know how long he was with me - there was nothing particular in the man, that I should know him again.
JAMES WHITNEY . I am errand boy to Mr. Thompson. On the 5th of June, I took out two pounds of rush lights, half a pound of curd soap, and change for a sovereign, which was eighteen shillings and a penny; I was to take them to Mrs. Nicholson, No. 40, Sussex-street; when I got four or five doors from master's shop, the prisoner met me - I am sure he is the man - he said, "What a while you have been gone;" I did not make him any answer - he said, "I have got to give you a yellow boy, have not I?" I said, Yes, and he gave it me, and I gave him the change - he took the change before he gave me the yellow boy - he asked me if I had got the change, and he took the change and candles - I am sure he is the same person - I gave master the same coin as the prisoner gave me.
Prisoner. Q. How long were you gone from you master's house? A. Not two minutes - I swear he is the man; there is something particular by which I know you - you are dark, and have dark hair - you had a white apron on, and were in your shirt sleeves - I did not know you before.
JOHN NASH . I am a police constable. I apprehended the prisoner, on the 10th of June, on this charge - Mr. Thompson gave me a gilt medal, one side having the king's head, and the other something like the garter.
Prisoner. Q. I made no resistance? A. No.
WILLIAM JONES . I am a police officer. I produce a certificate which I got from Mr. Clark - (read) - it is of the former conviction of the prisoner - the prisoner is the man - he was then tried by the name of Robert Baron.
Prisoner's Defence (written.) This circumstance took place on Wednesday the 5th of June, at half-past nine o'clock at night - on the Saturday following I had occasion to go to the Hampstead-road, to purchase a sugar-bason for a tea-caddy; coming from there, I met a young man, who informed me a Mr. Newton of Sussex-street, almost opposite Mr. Thompson's, had called where he worked inquiring for me, with a man like an officer; I said, "What can they want of me, I will go after dinner and see;" accordingly I went on Saturday afternooon, and Mrs. Newton said Mr. Newton was not at home; I called again on Sunday morning, and again on Monday morning at nine o'clock, as requested; and an officer crossed from Mr. Thompson's, and said he wanted me; I asked him for what, he said I should see - we went over to Mr. Thompson's, and Mr. Thompon asked his boy if I was not the man; the boy said he thought I was - I was then taken to the station-house, and one or two persons went to the little boy's house, and said they had got the man, and the boy must go with them to the station-house; when the boy came they asked him if I was not the man, he said he thought I was - I was then sent to Clerkenwell-prison, where I had not been above four or five days, when a young man was brought in for a similar offence; that is the prisoner Ogden - and on the following Saturday I was taken again to Hatton-garden office, where the two notes were compared, and both hand-writings were alike, and nearly the same things sent for on the notes, and the papers torn one from the other that the two notes were wrote on; likewise the two coins both the same, and the phrase made use of to the two boys, are all convincing proofs this is the party I am accused for - my Lord and Gentlemen, does it occur to your mind, I should go and wait within five or six doors from Mr. Thompson's house for things to be brought out of his shop, from a man who knew my person perfectly well? or should I have gone three times to give myself up, had I been guilty of the deed? I have no doubt these boys thought I was the person, because I was taken up for it, for I am sure it is impossible for the boy to know, in the short period of time that the man must have been with the boy, who the man was, and at that time of night, unless he had known him previously - the prisoner Ogden says he found the note in Thornhaugh-street, it occurred to my mind then that he said so because he had been informed I lived in this street; and hearing I had been in trouble before, I have no doubt he thought it would be laid to me - now, Gentlemen, was it possible I could have wrote that note, and placed it in that street - I was in Clerkenwell-prison when he passed the note, providing he did as he says, find the note - how very well he was aware of going to purchase a counterfeit coin, and to get things under false pretences with it; the fact is, the prisoner Ogden, or some one he is acquainted with, has succeeded in getting the goods from Mr. Thompson's, and a few days after they send a note to another shop for similar articles, but gets pursued, and he is detected; and because I have unfortunately been in trouble before, the transgression is laid on my back, which I am entirely innocent of - I am in the habit of getting my living lately by making tea caddies and work tables for several respectable tradespeople, which the policeman knows to be true, as he has been to some of them - my Lord and Gentlemen, I solemnly declare, and call my God to witness, I never knew or saw the prisoner Ogden until he was brought into Clerkenwell-prison, where I was then laying for this charge; and I likewise declare, in the presence of my God, and all present, I never knew or had anything to do with the transaction whatever.
Prisoner. I was at home that evening, finishing a tea-caddy for Mr. Graham in Holborn - is it not a shameful thing that a child like that should be allowed to swear a man's liberty away?
Jury to MR. THOMPSON. Q. How long has the boy lived with you? A. Ever since the 3rd of June, he lives with me now and conducts himself well - when he saw the prisoner he said, he thought it was the man, and the other boy said, he was positive he was - Nicholson only lives eight doors from my house - it happened about nine o'clock - it was light enough to discern a person's countenance.
Prisoner. I am known personally to Mr. Thompson; is it likely I should go to a man who behaved generous to me? when I was in trouble before he got me off with a month's imprisonment.
GUILTY . Aged 30.* - Transported for Fourteen Years .
1170. WILLIAM WINSPER was indicted for stealing, on the 21st of May , 1 reticule, value 1s.; 1 handkerchief, value 6d.; 4 half-crowns; 9 shillings; 2 sixpences; and 2 1/2d. in copper, the property of Maria Yda Korff , from her person . (See Sixth Session, page 593.)
MARIA YDA KORFF . I am single and an English-woman. On the 21st of May, about nine o'clock in the evening, I was in Shoreditch walking along, carrying my reticule on my arm with a string - it contained a pocket handkerchief, six half-crowns, and nine shillings; it was cut from my arm - I felt the weight of it gone from my arm; I told a gentleman who was with me, and I saw a man running; the gentleman pursued him - I afterwards found the reticule at the station-house; it was produced last Sessions, and the money, which was found in it - the person who ran away was the man who took it.
THOMAS EDMUND BOYCE HUNTLY . I was with Miss Korff - she turned round and pointed to a man who was running across the road, and said he had cut her reticule from her arm - I pursued him down Holywell lane; I overtook him and found him in custody of two gentleman - he is the man which she pointed out; I never lost sight of him - nobody ran across the road but him.
GEORGE PAYNE . I was walking in Shoreditch and heard the cry of Stop thief, and saw the prisoner running across the road, and a gentleman pursuing him; I ran after him, and nearly overtook him, when a gentleman stopped him, and he immediately attempted to throw away a reticule; it fell close to him; the gentleman took it up - I had hold of the prisoner, and the gentleman gave me the reticule and a knife - whether he took the knife from the prisoner I cannot say; the string had been cut with a knife.
Prisoner. Q. You swear I was going along Shoreditch? A. Yes, and I followed you down Holywell-lane, and saw you drop the bag - I did not say you picked it up before.
MARIA YDA KORFF. The knife is not mine; part of the string remained on my arm.
George Brown , boot and shoe-maker, Dorset-street, Spitalfields; Edward Riley , boot-maker, 2, Duke-street, Bishopsgate; Robert Rosman , shoe-maker, Snow-fields, Bermondsey; and Catherine Lynch gave the prisoner a good character.
GUILTY . Aged 18. - Transported for Fourteen Years .
NEW COURT. Wednesday, August 14, 1833.
Fourth Middlesex Jury, before Mr. Common Sergeant.
1171. JOSEPH SHAW was indicted for feloniously forging three several receipts for the sums of 13l. 7s. 6d.; 30l. 1s. 3d.; and 14l. 6s. 6d., with intent to defraud the Right Hon. Viscount Goderich , now Earl of Ripon . - Other counts, varying the manner of stating the charge. - To which indictments he pleaded
GUILTY . - Transported for Fourteen Years .(See Sixth Sess. p. 568.)
1172. HARRIET LAWN was indicted for stealing, on the 10th of June , 1 watch, value 2l. 10s.; 2 seals, value 6s.; 1 watch-key, value 2s. 6d.; and 1 watch ribbon, value 1s. 3d. , the goods of John Blackett . - To which she pleaded GUILTY .
Confined One Month . (See Sixth Sess. p. 597.)
1173. GEORGE HUTCHINSON was indicted for stealing, on the 1st of July , 1 coat, value 1l.; 1 waistcoat, value 5s.; and 1 pair of trousers, value 10s., the goods of Simon Giles and another . - To which he pleaded
GUILTY . - Confined Eighteen Months .(See Sixth Sess. p. 611.)
GUILTY . - Confined Two Months .(See Sixth Sess. p. 593.)
Confined Three Months . (See Sixth Sess. p. 597.)
1176. ANN HARVEY was indicted for stealing, on the 21st of May , 1 hat, value 2s.; 1 frock, value 2s.; 1 handkerchief, value 4d.; 1 pair of stockings, value 3d.; and 5 1/2d. in copper money, the goods of John Green ; and also for stealing, on the 16th of May, 1 sheet, value 3s.; 2 table-cloths, value 3s.; 2 pillow-cases, value 2s.; 1 bonnet, value 9s.; and 1 3/4d. in copper monies, the goods of Walter Bell . - To which she pleaded GUILTY .
Transported for Seven Years . (See Sixth Sess. p. 563.)
Confined Three Months . (See Sixth Sess. p. 593.)
ARTHUR FRY . I am a hat manufacturer , and live in Type-street, Finsbury. On the 22d of June, between four and five o'clock, I was passing along Chiswell-street ; I was told something, and pursued the prisoner for about a quarter of a mile - just before I got up to him I found my handkerchief, which I identified as my property - this is it - it has my name at full length on it; I had used it in the course of the day - I said to the prisoner, "Now, I have got you;" he said he would go down on his knees to beg my pardon, if I would let him go.
Prisoner. Q. Was not the handkerchief at the corner of a street, and I was at the distance of this Court from it? A. It was within a very few yards of you - a gentleman stopped you till I came up; I did not see any one else running who could have dropped it.
JAMES LANGHAM . I was standing at our shop, and saw the prisoner and another person walking behind Mr. Fry, the other person took the handkerchief form Mr. Fry's pocket, and gave it to the prisoner; I crossed the road, and told Mr. Fry - the prisoner ran, I pursued him till he was taken - I saw him take the handkerchief from his breeches pocket and drop it.
Prisoner. Q. Where were you standing when it was dropped? A. I was running down the street after you.
GUILTY . Aged 18. - Transported for Seven Years .
1179. SAMUEL ATTWOOD was indicted for feloniously receiving, on the 25th of March , 5 seals, value 3l.; 12 rings, value 8l.; 1 necklace, value 10s.; 4 chains, value 1l.; 1 key, value 5s.; 2 breast-pins, value 9s.; 1 eye-glass, value 8s.; 1 pencil-case, value 8s.; 3 silver boxes, value 6l.; 1 brooch, value 16s.; and 1 watch, value 2l. 10s., the goods of John Banfield , well knowing them to have been stolen . (See Sixth Sess. p. 569.)
MR. ADOLPHUS conducted the prosecution.
GEORGE ATTENBOROUGH . I am nephew of Mr. Richard Attenborough , and am in his employ; he is a pawnbroker, and has one partner; they live in Crown-street, Finsbury. On the 10th of May, the prisoner came and brought there six table spoons, which he wanted me to buy of him, he asked 2l. for them; as I saw they were worth between 5 and 6l., I had suspicion he had stolen them; I asked him his name, he said Attwood, Church-lane, Whitechapel - I asked him to walk into the parlour, and fetched my cousin, who is a partner in the firm; he went into the parlour to the prisoner, but I did not - these are the spoons.
Cross-examined by MR. CLARKSON. Q. Do you think these are worth 5l.? A. Yes.
MR. ADOLPHUS. Q. Was it the disproportion of their apparent worth, to what was asked which gave you suspicion? A. Yes; it appeared they were worth more than £2.
RICHARD ATTENBOROUGH. I am a partner in the firm. These spoons were given to me on the 10th of May, they are worth about 4l. - I was out at the time they were offered - I sent for an officer, and gave the prisoner in charge - a quantity of jewellery of almost all descriptions was found in his pockets - one account he gave of the spoons was, that he had had them of Edward Foster , but he at first said they were his own, and he had bought them at the west end of the town - I did not ask him about the jewellery - he gave his address at No. 20, Anglesea-street, Bethnal-green, at Mrs. Foster's, the mother of Edward Foster ; I went there in the evening with the officer and Mr. Banfield, and saw a writing-desk opened, which was said to belong to the prisoner, and some spoons and other property was found in it - I had been to several places to make inquiry, and at last found Mr. Banfield's.
Cross-examined. Q. You found the account the prisoner gave you of where he lived, and who he lived with, was all right? A. Yes - I think these six spoons weigh form twelve to fourteen ounces; I should not sell them for less than 7s. 6d. an ounce.
JOHN BANFIELD. I am a silversmith and jeweller , and live at No. 36, Cheapside. Edward Foster was in my employ between five and six years, he had left me about three weeks before this discovery; I had not missed any thing in particular up to the time he left me - these spoons were produced to me by Mr. Attenborough, they are mine I am quite sure; they cost me about 4l. 5s., I should not sell them for that - I went to Mr. Attenborough's, and found the prisoner there - I sent for the officer, and had him searched; the officer has a list of what was found on him, it is all my property - he said he had them of Edward Foster , but I never knew of his being intimate with Foster; I never saw him before - I asked him if he knew me; he said "Yes, your name is Banfield" - I took a coach, and went with the prisoner to Mrs. Foster; the house contains four rooms, in one of which Mrs. Foster and her daughter slept, the prisoner and Edward Foster in another, and the front room up stairs seemed to be the general sitting room, and in that room we found a great deal of my property, and a plan of a card in Foster's hand-writing.
Cross-examined. Q. Had Foster been apprentice to you? A. No; he had been in my service five or six years, and when he gave me notice to quit, he told me he was going to set up in business - the prisoner might have heard so from him - I don't know but that Foster had purchased some articles in the trade - there is my own private mark on these spoons, but there is no mark by which any other person could know that they had not been sold or honestly come by - the prisoner said he had them from Foster, and we found a great quantity of property at Foster's house - he slept with Edward Foster, but I don't know whether he knew the property was not honestly come by.
MR. ADOLPHUS. Q. Did Foster tell you he was going to take Attwood into business with him? A. No; he did not say that, he had other property in his pocket - I have lost between two and three hundred pounds worth of property - Foster came to me a poor lad, without a shoe, and I had advanced him to 25l. a year wages and board; he had just become useful to me.
THOMAS EAGLES. I am an officer of Worship-street. On the 10th of May I went to Mr. Attenborough's, and took the prisoner - the spoons were given to me, I did not ask the prisoner about them, but I searched him, and found on him a great number of articles, which I here produce; some were in his coat pockets and some in his other pockets, but all on his person - here is a coral necklace, three gold seals, a gold eye glass, twelve rings, a silver snuff box, three pair of ear-rings, a silver watch, two seals, a key, a gold pin, a steel guard chain, and several other things - he said in my presence that they were given to him, or that he had them from a person of the name of Edward Foster, who he said lived in the same room with him at Mrs. Foster's - he told us her direction, we went there, and in this writing desk, which we broke open at that time,(but the key of which I afterwards found on the prisoner,) we found six plated table spoons, six tea spoons, six silver spoons, and some other articles; they are all marked S S A; the desk was produced before the magistrate, but I do not recollect that the prisoner said anything about it.
Cross-examined. Q. Did you know that Foster was
MR. ADOLPHUS. Q. Had you any particular acquaintance with Foster? A. No, I knew him as living with Mr. Benfield - I never was at his house but twice; the first time I was there about half an hour, and the second time about an hour and a half; Foster told me he was going into partnership with a person named Attwood, who lived with Mr. Dudderidge, of Whitechapel.
JAMES DUDDERIDGE. I am a woollen-draper. The prisoner was in my service, but had left me about three months before he was taken - I paid him 15l. a year; he never told me he was going into the jewellery business.
MR. BANFIELD. The whole of this is my property, both that found on the prisoner, and that found in the desk.
GUILTY . Aged 20 - Transported for Fourteen Years .
Before Mr. Recorder.
Seventeen other counts varying the manner of stating the charge.
MR. BODKIN declined the prosecution.
NOT GUILTY .
1181. JAMES WARREN and EDWARD RAINSFORD was indicted for stealing, on the 29th of June , 4 lbs. of tobacco, value 14s. the goods of John Rogers , the master of the said James Warren . (See Sixth Sess. p. 626.)
MR. CLARKSON conducted the prosecution.
GEORGE ROGERS . I am the son of the prosecutor, John Rogers; he is a tobacconist , and lives at No. 392, Oxford-street - Warren had been in his employ nearly three years, and he was so in June last - we have a servant named Patrick Crawley - on the 28th of June my father left London; he had given me some information and I spoke to Crawley - our usual time of dinner was three o'clock, but we were generally a little later - on the 29th of June, I altered the dinner hour to two o'clock, and about two o'clock I sent Warren to the Old Change, with 60 lbs. weight of tobacco - while he was gone I searched the shop, and under the counter I found in a box three parcels of tobacco containing about 2 lbs. each; two of them were tied up and the other merely rolled up and tucked in at the ends; that was not a proper place for it to be kept - it is customary in our trade to have an order from the Excise for the delivery of all goods above the weight of 1 lb.; these orders are brought to the counting-house, but no orders had been brought for the delivery of these parcels to my knowledge; on finding these parcels I called for Crawley and Brown, and showed them to them - Warren returned from the City in about an hour and ten minutes - on his return I left the shop with Mr. Brealey who had come in, and to whom I had shown the tobacco; we crossed the road and stood where we could see the shop - I then saw Rainsford, whom I had not known before, come near the shop, lingering about with a blue bag in his hand, with something in the bottom of it - he went into the shop after some time, and came out in two or three minutes with the bag much fuller than it had been before - we crossed over to him and I asked what he had in his bag; he said, some tobacco; I asked if he would allow me to see it, he said, certainly; we went back to our shop, and I took from the bag two of the parcels which had been in the box under the counter - Warren was behind the counter at the time - I then looked into the box, and there was only one of the parcels left in it; I asked Rainsford how he came by the tobacco which was in his bag, he said, it was his father's stock, who keeps a little tobacconist's, and he had brought it out to sell; he wrote this direction," E. Rainsford, 16, Cumberland-row, King's-cross;" I noticed the manner of his writing; I asked him if he came out to sell the tobacco, how he came to bring it into our shop; he said, he came in to buy some snuff - he was asked what he gave for the snuff; both he and Warren answered together, Warren said he had given two-pence, and Rainsford said, he had given a penny - I asked Warren if he knew anything about the tobacco; he said, No, nothing at all - he had not turned his back upon Rainsford the whole time he had been in the shop - no man of the size of Rainsford could have reached over the counter, and helped himself to the tobacco in the box; there was no invoice with the tobacco under the counter, which is usually given to those who do not pay.
Cross-examined by MR. BODKIN. Q. Rainsford never said he got the tobacco out of the box? A. No, he said he had tobacco in his bag, and he gave his right direction where his father lives - I do not know whether he has any interest in his father's business; this box was not the place where tobacco is usually kept, and there was no invoice or permit with it - it was cut tobacco, which is kept in casks in the shop; I have no doubt it had been placed in the box by Warren; another person might have placed it there, but he must have given it over the counter - our lads in the shop go behind the counter, the same as Warren, but the lads had been out for an hour or two before I found the tobacco; I cannot say how long it had been in the box - Warren had been the only person there for some time.
MR. CLARKSON. Q. Do you know the description of tobacco usually smuggled into this country? A. Not of my own knowledge, but I have heard it is of a rank description, but this is manufactured in our own factory.
COURT. Q. How do you know that - have you any particular mode of dressing it in your factory? No; I believe all manufactures do it in a similar way, but this was English manufacture.
Warren. Q. Can you swear to that tobacco as your father's? A. Yes, I will swear to it by its corresponding with our other tobacco, and being tied up in our usual manner - here is the writing of one of our lads on one of these parcels, which was in the box and afterwards taken from Rainsford; this is exactly the same description and
COURT. Q. Warren had access to your father's tobacco, but he was not employed to purchase any? A. No; certainly not.
PATRICK CRAWLEY . I am in the service of Mr. Rogers. I have seen Rainsford frequently come to the shop in my master's absence; he generally came from three to four o'clock while my master was at dinner - I made a communication to my master - on the 29th of June, I was called with Brown to see three parcels of tobacco which were in a box under the counter; one of them was marked F Shag, I suppose in one of the lads writing - when Warren returned home that day my master went out - I then saw Rainsford outside the shop; I went back into the snuff-room which is parted off from the warehouse - Brown cried out, "Here he is" - I then saw Rainsford in the shop on the customers side of the counter - I could not see the inside of the counter from where I was, but it appeared as if Rainsford was talking to some one - I then saw him go out, and Mr. Rogers and Mr. Brealy brought him back.
Cross-examined. Q. Had you been at home all the morning? A. Yes, and so had Brown - the cut tobacco is kept in casks; I had not placed any tobacco in the box - F Shag, means fine shag; it is all cut tobacco.
COURT. Q. What description of tobacco was that in the parcel? A. One was fine shag, and the other was returns; it appeared to me the same as that which is manufactured on our premises.
Warren. Q. Have you seen any other manufacture like Mr. Rogers'? A. Yes; they are nearly the same in my opinion - I did not see you place any tobacco in the box, nor take any out; I could not see what was done inside the counter.
WILLIAM BROWN . I am servant to Mr. Rogers. On the 29th of June, I was called to see the tobacco under the counter - I had seen Rainsford come to the house between three and four o'clock, which was the dinner hour in general, and he came at that time on that day - I saw him go to the counter, and Warren was behind the counter at the time.
COURT. Q. Did you see Warren standing at that part of the counter under which the three parcels were? A. Yes, exactly at that part within reach of the box - there was no one else behind the counter.
GEORGE ROGERS. I believe this letter to be the handwriting of Rainsford from what I saw him write.
Cross-examined. Q. Is it by comparing this letter with the direction, that you say that? A. Yes, and from its being found on Warren's person; I never saw him write before nor since.
COURT. Q. Did you notice the character of his handwriting when you saw him with the pen in his hand? A. Yes; and from having observed the character of his hand-writing, I can form an opinion of the letter; and taking all things into consideration, and considering the agitation he must have been in, there is still a great similarity.
Q. But if you had seen the letter any where else, should you have thought so? A. It depends on the time that elapsed after I had seen the direction.
MR. CLARKSON. Q. But if you had recollected what you had seen of the direction, should you have thought so? A. Yes.(Letter read.)
"Dear Warren - Let me have ready at half-past three tomorrow, without fail, 1lbs. shag, and 2lbs. returns, positively, and if you can at the same time, 4lbs. shag, or 3lbs. shag, and 1lb. returns likewise. I owe you to day 1s. 6d., Thursday 5s., and Saturday last 5s., for cigars, which I will give you the next time I see you: let me likewise have on Monday next, without fail, 3lbs. shag, and 1lb. returns; in haste, E. R.
Friday evening, six o'clock."
To Mr. Warren, John-street, Tottenham-court-road.
WILLIAM PLUME. Q. I searched Warren's lodging at No. 94, John-street, Tottenham-court-road; I there found this other letter.
"Dear Sir - As I shall leave home this evening to convey my mother from the country to-morrow, it will be useless your coming down here to-morrow morning as originally proposed, as I shall be from home; but if you can make it convenient to call here to-morrow evening, after half-past eleven, the old man will have left, and we can then come to a settlement; or if more convenient will meet you on Monday or Tuesday, after half-past eleven in the evening, at any place you may appoint, with kind respects to Rakeman. Your well-wisher, RAINSFORD. To Mr. Warren, 94, John-street, Tottenham-court-road.
GEORGE ROGERS re-examined. Q. Did you know Warren's residence? A. Yes; it was at No. 94, John-street, Tottenham-court-road.
Warren's Defence. The tobacco found in the box was my property; I had bought it of a smuggler; they say that it is impossible to smuggle tobacco of English manufacture; now the tobacco that is smuggled into London comes from Liverpool and Bristol, and is manufactured in England and taken out again to get the drawback allowed.
Rainsford's Defence. For the first time in my life I am araigned at this bar on a serious charge of felony, which, if substantiated, must deprive me of that which is most sacred to every Englishman, the privilege of liberty; I trust, therefore, you will bear with me while I submit my defence to your calm deliberation: having in my connexion in business become acquainted with Warren, who stated that he had some smuggled tobacco, I was in the habit of leaving orders for some at his lodging, and on the evening previous to this, I left an order for a quantity to be ready the following day; I called for it, and having paid him the money for it, I came out and was stopped by Mr. Rogers, who asked what I had got, I said, tobacco; he asked if I had any objection to his inspecting it, I said, no; he then took me back to the shop and swore to it as his father's tobacco; I ask you whether I could have been so blind to my own interest as to go in broad day light into the shop, exposed to the view of Mr. Rogers and every one in his employ; would it not naturally have been inferred that I should have chosen the evening, and
WARREN - GUILTY . Aged 20.
RAINSFORD - GUILTY . Aged 24.
Transported for Seven Years .
1182. CHARLOTTE BEAZLEY was indicted for stealing, on the 16th of May , at St. Mary, Islington, 6 pair of sheets, value 3l.; 7 towels, value 10s.; 1 glazier's diamond, value 10s.; 8 sovereigns, 16 half-crowns, and 2 10l. Bank notes, the property of Stephen Lucas , her master, in his dwelling-house . (See Sixth Sess. p. 572.)
STEPHEN LUCAS. I live at No. 9, Brunswick-place, Ball's-pond-road, in the parish of St. Mary, Islington , it is my dwelling house - I occupy the whole of it; the prisoner was in my employ, and quitted me on the 16th of May, without notice - I then missed two £10 notes,£11 in gold and half crown pieces, some sheets, table linen, and various other articles which are stated in the indictment; they were all my property - I have traced some; on the evening before she left me, I called her into the parlour and told her that I had heard in London that some of my linen had been sold there, and that it came through the hands of a woman who lived with her father - she cried, and said that some one had been trying to injure her - I said, "Very well, I will make inquiries to morrow," and when I came home the next day, she was gone, and had taken her boxes, and my property was missing; I had put the name of the gentleman I took the notes of, on them when I had put them away - during the time of my wife's illness and mine, there was nobody in the house but the prisoner, and I have no doubt but she had our keys, though I don't recollect giving them to her - the prisoner had lived with me about two years on a former occasion, but on the last occasion, about one quarter; I had a house formerly at No. 36 Frith-street - I had seen all the articles stated, at my house in Brunswick-place - I missed them on the 17th; I found two towels in Belton-street, Longacre - I think about a week afterwards, in possession of Mary Mc Donald.
Prisoner. I never had his keys all the time I was in his house - what he is accusing me of is quite false, I have lived with him three times; it is not very likely now that I should rob him. Witness. I never knew any thing dishonest of her before.
CATHARINE GIBSON . I am the wife of Thomas Gibson , he is a milkman, and lives at No. 2. Balls-pond-road; I know the prisoner by my serving Mr. Lucas with milk - I remember she called on me one evening in May, and asked me to go with her to buy a pair of earrings, which I did, she came to me again on the 12th of May - she came into my bed room and put a small bundle on the table, and asked me if I was ready, (she had before asked me to go with her to take tea with her sister, and I said, I would if I could, it all depended on my business) - on that day she came and asked if I was ready, and said she had purchased two flannel waistcoats for her father, who was troubled with the rheumatism, and she took from under them a small bit of paper with a sovereign and a shilling in; she asked me to put it into my pocket, as she had neither pocket nor purse; we then went out and walked to Shoreditch church; she then engaged a coach to go to Parker-street, Drury-lane - on the day following she came to my house again at half past two o'clock, and said she wanted change for a £10 note for her mistress - she appeared to come in a hurry - I took the note out of her hand, and said, I did not think I could, but I would send to see; I sent my girl with the note to her master, and told her to ask him for change for it - she returned in about ten minutes, but I did not see the change in the possession of the prisoner - I saw some gold on the back parlour mantel-piece; she then asked me to go with her to have a tooth out - I said, I could not; she then asked me to let the girl go; I said, she might; and the prisoner went out with her - the girl afterwards came back and said she came for another half sovereign; I took the gold off the mantel-piece, there were nine sovereigns and a half - I gave it into the girl's hand to take to the prisoner, and said, I did not wish to have anybody's money in my place but my own - I did not see her give the prisoner the money.
Q. Did you not think it rather extraordinary that she should leave the change behind her? A. No; I thought she left it while she went to have the tooth drawn - Mr. Lucas has since discontinued me as a milkwoman.
MARIA MARIGOLD . I was, at the time in question, servant to Mrs. Gibson - I received the £10 note from my mistress, and took it to the barn to my master, he went and got change at Mrs. Wicks', at the King's-arms - I took it back, and gave nine sovereigns and two half-sovereigns into the prisoner's hand - she took it into the back parlour and asked my mistress to mind it - my mistress said, "No, mind it yourself" - she then pointed to the floor, and said she would throw it down - I said, "No, Mary, put it on the mantel-piece" - she put it on the mantel-piece, and took half a sovereign away, and I went with her to Mr. Bailey's, on Kingsland-green, where she had a tooth taken out, and changed the half sovereign.
Q. Were you not surprised at that? A. I cannot say I was - I then went with her to a comb-shop near the Bull, at Kingsland, where she bought some combs and other things, and she sent me back for another half sovereign as she had spent the first half sovereign, and had not money enough.
Q. Did not this excite your suspicion? A. No, sir; on the Sunday morning following Mr. Lucas asked my mistress if she had seen his servant girl, and said, she had taken two £10 notes from him, and my mistress told him I had got one changed.
FRANCES WICKS . I live at the King's-arms, Kingsland. On the 13th of May Mr. Gibson brought this £10 note to me - I gave him change for it, and my son marked it - on the Sunday after Mr. Lucas came and I showed it to him.
ROBERT WICKS . This is the note - I wrote on it in my mother's presence.
STEPHEN LUCAS . This is my note - I took it of Mr. Martin, and wrote his name on the back of it, and the date, 9th of May, 1833, and my name under that; my wife is in a childish state - she is not able ro give change or to count twenty.
JOSEPH MELLISH (police-sergeant, N 5). I apprehended the prisoner in Earl-street, Chelsea; - I asked her if her name was Mary - she said no; I then asked if it was Charlotte Beazley - she denied it; I asked her if she had lived with Mr. Lucas - she said no; a woman who was there said, "How can you say so, Charlotte, you did" - I then took her into custody, and she requested a little girl to bring her box down, and she brought down a paper box - the woman said "Charlotte, that is not your box, why don't you tell the truth" - I then went up stairs with the prisoner and the woman, and a box was pointed out by the prisoner - she took these articles out of it, and tried to conceal them in her bosom; here is a bead and coral necklace and two drops of earrings - we found some linen and calico, and this dress in the box.
THOMAS HALL . I live at No. 6, Dalston-row. A person, who I believe was the prisoner, came to my shop, the latter end of April or the beginning of May, and bought a black silk dress, some cloth, and some ribbon, which came to nearly four pounds - I cannot speak to this dress, but I could speak to the cloth which was produced here last session, and given up to the sheriff.
Prisoner's Defence. It was not me that laid the money out; these things are mine - I had some of them before I came to Mr. Lucas the last time.
GUILTY . Aged 20 - Transported for Life .
ELIZA FOSTER . I am the wife of Oliver Foster. We keep the Goldsmith's-arms, Goldsmith's-terrace, Hackney-road - we have a skittle-ground, and on the 12th of June, we had more company there than usual - I heard a noise at the till, I turned my head, and saw a person spring into the street; I saw he had a round cap on - that was all I saw of him; I missed the money stated.
Prisoner. Q. How much did you miss? A. From 20s. to 30s. - I cannot say how many half crowns, nor how many shillings or sixpences, but there were some of all sorts of silver money.
LUKE HEMPY . I sell hearth stones. I live close against the public-house - I was near the gate of the play-ground; I saw the prisoner - I know him by his thick lips; he had a round cap on - I saw him open the till with his left hand- I don't know which hand he pulled the money out with, but he came out with his right hand full of silver, and ran down the street; I had him in sight about a minute - I lost sight of him in turning a corner at the bottom of the street.
WILLIAM COLLINS . I was pot-boy at the Goldsmith's-arms. I saw the prisoner there the greater part of that afternoon; he was playing at skittles and betting - a person then asked him to play again - he said he could not, for he had no more money; in consequence of hearing of the loss of this money, I went down John-street, and went to the Antelope - I found the prisoner in a corner, and brought him back to my master's house.
THOMAS STANFAST . I am a twine-maker. I was stationed at the foot of the stairs to give out tickets to keep the rif raf from going down - they were to give sixpence for a ticket, and to have sixpenny worth of something for it- I heard the alarm, and ran round into Goldsmith's-row, where I met the prisoner in the custody of Collins.
HENRY CLEGG . I am twelve years old - I was near the prosecutor's door on the 12th of June; I saw the prisoner reach over to the till, and open it with his left hand - he ran out, and ran down John-street, and I lost sight of him.
WILLIAM KING . I am a pot-boy. I was standing near the door of the play-ground; I heard an alarm of Stop thief, and saw the prisoner run round the corner with his left hand full of silver, which he put into his right hand - I followed him, and never lost sight of him till he went into the Antelope; when I was at Worship-street he said if I minded what I said, and he got off, he would give me 2s. for myself.
CHARLES LLOYD . I was a police-constable N 201. I took the prisoner, and found on him two half-crowns, four shillings, and sixpence, and twopence farthing in copper, which was given to the prosecutor on the last trial.
Prisoner's Defence. I am indicted for stealing six half-crowns, ten shillings, and five sixpences, and the lady says she don't know how many of each she lost - I am entirely innocent.
GUILTY . Aged 19. - Transported for Seven Years .
JOHANNA SULLIVAN. I am single , and live in Golden-lane. I was at the Cock public-house on the 9th of June- I went there with a friend of mine - the prisoner was there; I had some words with a young woman, the prisoner came behind me and said, "That is a good girl, give it to her" - I turned round and saw my handkerchief in his hand - I asked him for it; he called me several names, and said it was not mine, and he would knock me down - he went down the lane - I called out Stop thief, and he was stopped; we had not been fighting - we did not strike one another - when I came up to him he knocked me down, and kicked me - I don't know whether the young woman was a friend of the prisoner's.
Prisoner. Q. Did you not strip off your cap and give it me, and give me this handkerchief? A. No; I did not throw a red handkerchief into your hat - I did not call you by name at the public-house; I had another small handkerchief - I did not throw the handkerchief and some flowers into your hat - I had some flowers which the young woman gave me, but I lost them in the fight - I did not strip any thing off barring my cap, which I gave to a woman - I gave nothing to the prisoner.
GEORGE GLADWELL (police-constable G 23). On Sunday morning, the 9th of June, the prosecutrix charged the prisoner with having taken her handkerchief - I thought they had both been drinking; I endeavoured to separate them - I did not believe the prisoner had taken her handkerchief, but after I had separated them, I saw the prisoner in the act of putting this handkerchief down out of his pocket, as he stood against some shutters.
Prisoner. Q. Did you not tell me that if you knew me, you would not have taken me on account of her character? A. Decidedly not.
HENRY BERESFORD (police-sergeant G 8). I was at the station-house when the charge was brought; I knew the prosecutrix - the prisoner said he knew nothing of it several times, but after hearing his charge at the office, he said she gave it him to hold - he had said at the station-house that some one must have put it into his pocket.
Prisoner. Q. What was the reason you told her not to be alarmed, for you would protect her? A. Because she came to me, and said some of your friends had been to her, and threatened her.
JOHANNA SULLIVAN re-examined. Q. Had you two handkerchiefs? A. Yes; but this one was used as a shawl - the prisoner took it out, and when I went after him, he said he would knock me down - he had it tight in his hand for about five minutes, and when I asked him for it, he put it into his shirt - he did not go out till I asked him for it.
Prisoner. Q. How came your red handkerchief in my hat? A. I cannot say; I did not give him any thing to hold - I was not in liquor.
Prisoner's Defence (written). I have already been tried and convicted on an indicted, but a witness named Flanagan, who was not present at the last trial (although subpoened), is here now to state the facts, that my prosecutrix and another woman were going to fight; that my prosecutrix asked me to take charge of her handkerchiefs, which I refused, and Flanagan saw my prosecutrix put the handkerchiefs into my pocket, or somewhere near my person, of which I was totally unconscious at the time (being in a state of intoxication). The prosecutrix and the woman fought, and were turned out of the public-house. They fought on in the street, and afterwards all of them went down Golden-lane together; the prosecutrix then, for the first time, thought of her handkerchiefs, and accused me with taking them, which I denied. She began to strike and scratch me, and gave me into custody. I was searched, but nothing was found on me and, strange to say, shortly after the handkerchief was observed hanging to my jacket. My prosecutrix was so drunk at the time, that she did not recollect any thing of the transaction; and, therefore, when she went to prefer the bill of indietment, she actually asked the policeman what she was to state. Mrs. Macque can prove that. The charge has been got up for the purposes of extortion, or why did the prosecutrix wish to make it "all right" for thirty shillings? When that was refused, she said she could make more of it at the sessions; that I should get a month or two, and she should get her expences. She also asked the witness Macque to give her a silk handkerchief and four shillings. Another witness can prove that the prosecutrix said, that if I employed counsel, she would not scruple to swear any thing, however false it might be, in order to insure a conviction.
GEORGE GLADWELL re-examined. Q. Did you search the prisoner? A. No; I saw his hand and the handkerchief under the flap of his jacket - I am not mistaken in that, it is impossible - I cannot say whether the pocket of his jacket was inside or not - I did not see the handkerchief when he was first charged - he said he had not got it.
JAMES FLANNAGAN . On the 9th of June, I was at the Cock public-house, about seven o'clock in the morning - I saw the prisoner and the prosecutrix there drinking, and both very tipsy - the prosecutrix began a row with another woman, and she put her handkerchief into the prisoner's pocket.
COURT. Q. Do you mean to swear that you saw the prosecutrix take her own handkerchief, and put it into the prisoner's pocket? A. Yes; she wanted him to hold it while she fought the other woman - he refused it, and then she slipped it into his pocket, and said he was more capable of holding it than she was; it was a yellow handkerchief - I swear I saw this woman put her handkerchief either into his pocket, or some part of his coat; I did not see any flowers - they were turned out into the street, and fought three or four rounds in the street, and she fell into the kennel; I heard her ask the prisoner for her handkerchief, but I did not tell him to give it her, as I did not like to intermix with them - after she had asked him for the handkerchief she tore him, scratched his face, and threw dirt in his face; I knew the prisoner, I had worked with him about four years ago - it was an inside pocket that she put the handkerchief into - his jacket was not buttoned; she did not ask him for the handkerchief in the public-house - they had come out and fought for ten minutes or a quarter of an hour before she asked for it.
Prisoner. I was going on home, and she came and caught hold of the skirts of my coat, and then came in front of me, and tore me down the face; she then went back to the Cock, where Falshaw and the other were, and then she and the officer came to me, and took hold of the skirts of my coat; I consider this only done to make a case against a drunken man, or else the prosecutrix would not go to extort four shillings from a witness.
Prisoner to SULLIVAN. Q. Did you not go to Mrs. Macque and say, that if she would give you four shillings
COURT. Q. Then you never went to them to offer to make it up? A. No.
CATHERINE MAQUE . On the day of Carey's trial at Worship-street, she came to me and told me if I could give her her handkerchief, she would have done with Carey; and I said, "You should have said this before."
Prisoner to SULLIVAN. Q. Did you not go to Islington and ask Mr. Brown if he would give you thirty shillings, and you would not appear against me? A. No, I never mentioned such a word.
COURT. Q. Did you propose to make it up with anybody for any money? A. No; I went to Mrs. Maque's, and they said they would make me comfortable - and they offered me ten shillings, and because I would not take it, this man who is now to appear, offered to strike me.
GREGORY BROWN . I am a cow-keeper, and live in Rose and Crown-court, High-street, Islington. The prosecutrix came to the Blue-coat Boy with Sutton - I went and asked her what she was willing to take to settle the matter, not to prosecute the business any further; she said she would take thirty shillings, and if she got thirty shillings, so help her G-, and G- strike her b-y dead, if she would not spend it among the company in the public-house - she kicked up such an oration in the house, being disappointed, that the publican was obliged to turn her out - Mrs. Maque and some of her friends brought her there - I have known the prisoner five years and a half; I did not like to have him prosecuted - I did not send for the prosecutrix, but as she knew some of his friends worked in Islington, she came there with a view of getting some recompence.
CATHERINE MAQUE . I saw the prosecutrix at Hick's Hall - the officer came to her and said, "What will you say" -"I don't know," says she - "You will say," says he, "that you have been ill-treated, and say every thing to your own advantage."
HENRY BERESFORD. I never said such words upon my oath.
Prisoner. Q. Did you not tell her to say the best she could to protect herself against me, and to say that I ran away and knocked her down and kicked her? A. No, never; I came up to remove her several times from parties who I believe belonged to the prisoner.
JOHANNA SULLIVAN re-examined. Maque got a dress-maker who lived next door to tell me, she would make me a dress if I would make a flaw in the indictment - I said I was badly off for clothes, but I would have nothing of them - I am afraid of my life, to put my head out of doors.
NOT GUILTY .
JOHN HENMAN. I am a feather-bed and mattress maker , and live in Charles-street, City-road . On the 26th of June, the prisoner came and asked if I could lend Mrs. Borwick a sovereign, as a gentleman had called on her for a bill, and I should have it in a few hours - I said, I did not know the prisoner, but he made himself known as having lived with Mrs. Borwick as an errand-boy - I gave him a sovereign, which I parted with for Mrs. Borwick, but he did not go the right way home, which gave me some suspicion.
NOT GUILTY . (See Sixth Sess. p. 596.)
1187. SARAH BRANKLEY was indicted for stealing, on the 3rd of June , 63 cigars, value 5s.; 3 pints of rum, value 3s.; 1 table-cloth, value 1s.; 2 handkerchiefs, value 3s.; 2 napkins, value 2s.; 1 apron, value 1s.; 6 shillings; 17 sixpences; 184 pence; and 470 halfpence, the property of Colville Brown , her master .(See Sixth Sess. p. 579.)
SARAH BALL . I am barmaid to Mr. Colville Brown, who keeps the Blue-posts, in Charlotte-street, Fitzroy-square . The prisoner was his servant - on the 3rd of June, while I was cleaning the counter, I heard the chinking of some halfpence - I went into the bar-parlour, and saw the prisoner taking some money out of a bowl; I saw she had some halfpence rolled up in a glass-cloth in her hand; I took them from her, and there was one shilling and a halfpenny - when Mrs. Brown came down, I told her what I had seen, and she asked the prisoner to let her see her box - I saw in her box a quantity of halfpence and pence, some shillings, sixteen or seventeen sixpences, some rum, and some cigars; she said to Mr. Brown, "That is all there is belonging to you, Sir."
CHARLOTTE BROWN . I am the wife of Colville Brown. The prisoner lived with us more than twelve months - I was informed of this, and called her into the bar, and asked if she had taken the money - she asked who told me; Mr. Brown said, "The bar-maid" - I then went up-stairs, looked into her box, and found the copper, the silver, the rum, and the cigars; the value of the whole was £3 or £4 - she acknowledged it was mine, and said she was very sorry.
GUILTY. Aged 35 - Recommended to mercy .
Confined Six Months .
SAMUEL FARRINGTON . On Wednesday, the 19th of June, I was in London; we emptied a boat of salt - I afterwards fell in with the prisoner Smith, at the Leopard - I recollect being there very well - I had then twelve sovereigns and a half in my purse, which I gave to the landlord - he advised me to leave it there as there were some loose sort of men in my company, and he thought I had better leave it - I went with Smith to Mary Thomas 's, in Ball-yard ; I slept there - I found Smith by my side in the morning when I awoke, either in the bed or on it - I went with Smith to get my money, as I did not know particularly where I had left it; I received my money all
Smith. He had been drinking with us, and two other women. Witness. I do not recollect any but these two.
JOSEPH CRANE . I keep the Leopard public-house. On the 19th of June, I received fourteen sovereigns from the prosecutor, as he was rather forward in liquor - he and four others came into my house that night; he came the next morning with Smith, and I gave him the money - he had changed half a sovereign the night before, to pay for half a pint of gin, and a pint of porter, and I returned him thirteen sovereigns and a half that morning - he was quite sober.
Cross-examined by MR. DOANE. Q. What time in the morning was it? A. Between eight and nine o'clock.
THOMAS MIDDLETON (police-constable G 196). On the 20th of June, I went out in consequence of some information from Kelly - I saw Thomas in Coleman-street, very drunk - Kelly went after a woman who had just left Thomas; but he came back to assist me to take Thomas to the station-house - we there searched her and found on her 9l. 10s. in gold, 1l. in silver, and one penny and a farthing in copper - when Kelly was gone after the other woman, Thomas bit me, and I was obliged to call Kelly back - some money had fallen from Thomas before I came up - in going along she said, "It was not me that robbed the captain, it was Deaf Poll" - we had not then mentioned any name to her; we did not know what it was - sergeant Beresford and I then went to No. 4, Ball-court, and found the prosecutor there - I did not know who Thomas meant by Deaf Poll.
HENRY BERESFORD (police-sergeant G 8). On that afternoon Thomas and two other women were brought into Bunhill-row station-house - I searched Thomas, and found on her four sovereigns and some silver - I then picked up another sovereign - I asked her if she had any more money; she denied it - I searched her further, and pulled out the corner of her handkerchief from her bosom - I found in it four sovereigns and a half - I then found some more money on her, making in all nine sovereigns and a half, 1l. in silver, and one penny and a farthing in copper - she said, "Deaf Poll took it from the captain and gave it to me," - I received information and went to No. 4, Ball-yard, where I found the prosecutor sitting - he went to the station-house and saw Thomas - he said, "That is the woman I saw in the house," and I took her before the magistrate.
Cross-examined. Q. Was not Thomas very drunk? A. Certainly she was; when Smith was brought into the station-house, she said that she went up stairs to lay down with the captain, and when she awoke he was gone - that she came down and found him deploring his loss; and she had lost 2s. of her own.
SAMUEL FARRINGTON re-examined. Q. You left Smith without awaking her; did she come down to you in the room below? A. I never saw her till they brought her to the station-house - I went into a room below, but no one came till the officer came and said they had got my money; I had left Smith on the bed; she appeared to me to be really asleep - the door of that room was not open, it was shut; but I don't know that it was fastened particularly - I will not say - there might be a bolt or something on it - I did not unlock it to get out; I opened it by the latch - the room might open on the stair case - I will not say - I am sober now - I did not give either of the prisoners any of my money to hold; I saw Thomas down below when I went up stairs, and I did not see her afterwards - I did not see her in any room but the room below; that was before I lost my money.
Cross-examined. Q. Did you not go with these women to a number of public houses? A. I only recollect being at the Leopard - I was a little bit tipsy; I might send out one of the prisoners with money for gin; I did give them some - I don't recollect who I sent, but I think it was Smith; that was after I got my money from the public house; we were then in the bottom room; I don't recollect anybody being there particularly, but Thomas and Smith - I don't think we had any dinner; I will not say that I might not hand my money to one of these girls to take care of.
COURT. Q. Can you undertake to say that you did not hand your money over to Thomas or Smith to take care of? A. No, I did not, else I should not have began to feel if all was right.
W. BARTLETT (police-constable G. 94). I received information on the 20th of June, that Deaf Poll was wanted; I went to Ball-yard and met Smith coming to meet me; I told her I wanted her on suspicion of robbing the captain; she said, she understood she was wanted, but she knew nothing of the robbery - I found nothing on her.
Thomas's Defence. He gave me the money to protect for him, out of his right hand pocket.
COURT. Q. Did you, or did you not? A. No, I can swear I never gave it to her, it is a thing I should not do.
THOMAS - GUILTY . Aged 40.
Transported for Fourteen Years .
SMITH - NOT GILTY .
GUILTY . Confined Two Months without labour .(See Sixth Sess. p. 617.)
THOMAS LOUGHREA was indicted for stealing, on the 15th of June , 4 gowns, value 20s. , the goods of James Drew , to which he pleaded
GUILTY. Confined Six Weeks . (See Sixth Sess. p. 617.)
Fourth Middlesex Jury, before Mr. Common Sergeant.
JOSEPH HARVEY . I am in the service of Mr. Edward Ives Fuller , he is a coach builder , and lives in Margaret-street, Cavendish-square ; he had a stanhope in his coach house on the 21st of May - on that day the prisoner came and asked for Mr. Smith, I said, he had been gone four years, that Mr. Fuller was master now; I asked him if he wanted a job, he said, yes, I said, we were very slack, but he had better call in the morning; he walked out of the shop the way he had come in - we have three fronts to our shop; I went out at the middle one - I thought him a long while coming out; I looked, and saw him with one lamp in his hand - he then lifted up the cloth and took another lamp from a gig from the off side; he was coming out, and I said to him, "This will not do" - he said, "I was only going to see who was the maker of them;" I called for assistance, and he was taken - he could not see me when he took the lamps - they are worth 25s.
Prisoner. Q. Where was the gig? A. In the middle of the shop, near the back door; you were coming into the street and I jumped over the rails and took you - you asked me who was the maker of them, and I said "This will not do," you had no opportunity of getting away, there were ten or twelve people round you in half a minute.
Prisoner's Defence. I went to seek employ; I had no intention of stealing; I took them to see who was the maker - I have been a coach-maker's labourer, but I have lately been in the seed business.
GUILTY *. Aged 26. - Transported for Seven Years .
1192. WILLIAM OGDEN was indicted for stealing, on the 11th of June , 3 lb. of candles, value 1s. 7 1/2d.; 9 ounces of soap, value 5 1/2d.; 17 shillings, 1 sixpence, and 5 pence , the goods of John Appleton .(See Sixth Sess. p. 618.)
"Mr. Appleton - You will please to send me round directly, by your boy, two pounds of long sixes, I ditto of rush candles, and half a ditro of white curd soap, with a small bill, and the remaining change for a sovereign, as my lad is out, and I am without candles.
34, Kenton-street. Mrs. LUCAS."
I did not know such a person, but I sent the articles and 17s. 11d. as the change of a sovereign by my own lad - I sent them about ten in the evening; the prisoner was afterwards brought into my shop; it was a little boy who brought the order, not the prisoner.
GEORGE PAUL ARMSTRONG . I lived with Mr. Appleton; he gave me the order and the change; when I got to Kenton-street, the prisoner was swinging on the rails, and he said to me, "What a hell of a while you have been gone" - I said, I was sorry, but I brought them as soon as I could; he took the goods of me, and told me the reason he did not come himself was that his mistress sent him for the beer, and she caught him gossipping, and said she would never send him on an errand again - he then said, "I believe I have got to give you a yellow boy;" I said, yes, I gave him the goods and 17s. 11d. and he gave me a medal and ran away directly - I saw what it was, I ran to the corner of Henrietta-street, and saw him running; I cried out, and he was taken - I am sure he is the person I gave the goods and money to.
Prisoner. Q. Did you see me throw the change down? A. There was no one in the shop but the shopman - I heard it fall, and saw it on the floor - it must have come from you, it was close at your feet.
JOHN GRIFFITH . I was going up Hunter-street on that evening; I heard the cry and saw the prisoner running; I followed him, and he turned the corner of Great Coram-street - I saw him throw something over the railing; I did not stop there, but followed him, and cried, Stop thief; I afterwards examined what it was, and found it was a pound of rush candles.
Prisoner. I throw myself on the mercy of the Court.
GUILTY . Aged 19. - Confined One Week .
WILLIAM MORLEY . I am in partnership with John Morley; we are linen-draper s - this is our cloth I believe, but I cannot swear to it - the prisoner was our porter , and was employed to take out goods; we sent him with three pieces of cloth, on the 3rd of April, to a customer of ours named Cant, in Crawford-street - this resembles one of the pieces, and corresponds in length and quality - on the following morning we received information that only two pieces of cloth had been delivered, and we discharged the prisoner in consequence of it, as we were not satisfied with his explanation - he afterwards summoned us for his wages - a few weeks afterwards the officer called to inquire if we had lost any cloth.
Cross-examined by MR. DAWSON. Q. Is not all linen from Ireland numbered in this way? A. Yes; we had a stock in, of which these three pieces formed a part, they were numbered 34, 35, and 36 - other linen may resemble these in number and mark, but I have no doubt this is ours - we have received linen from Milk-street, but not of this sort.
JOHN LANAGAN (police-constable D 49). On the 28th of May Henry Swaine came to me, and from what he said I went and took the prisoner - I took him to Mr. Fairlam's, a pawnbroker, in Lisson-grove; I asked him where he got this cloth, which was then on the counter -
ANN CANT . I live in Crawford-street. I deal with Mr. Morley - I ordered three pieces of cloth of him, and the next day the prisoner brought two pieces - there was an invoice of three pieces, and a piece of muslin; I made no observation at the time - he stopped his cart at the door, and I saw him take two pieces which he brought in and said, "From Mr. Morley's, Ma'am" - I told him to put it on the counter, and I did not find out till the next morning, that one was missing; the piece now produced resembles the piece which should have accompanied the other two.
Cross-examined. Q. Did you not say to the prisoner,"It is all right?" A. He came to the door and said,"From Mr. Morley's, Ma'am" - I said, "Very well, that is right, put it down;" I was standing at the door when the cart stopped.
Prisoner. Q. Were you not standing behind the counter? A. No, I was not; my sister and three daughters were - I told you to put them down.
NOT GUILTY .
MATTHEW WHITEHEAD . I am a silk-weaver , and live in Church-street, Bethnal-green. On Sunday morning, the 23rd of June, about five o'clock, I was at the Adam and Eve public-house, in Church-street, Bethnal-green - I had not been up all night, but I got up early; I saw the prisoner there - we had a pint a piece - we then went to a coffee-shop, and had some coffee, and bread and butter - we went to a public-house in Whitechapel , about eight o'clock, we had some ale there, and I fell asleep; I then had 6s. 4d. - in my pocket - I slept till about eleven o'clock, and when I awoke I missed my money - it was five shillings, two sixpences, two pence, and four halfpence; I saw the prisoner again on the Monday morning - I went to his house and asked him for the money he took out of my pocket - he said he took none; I asked him to go down to the public-house, and told him I had plenty of witnesses to prove it - he went and had some beer - I did not have any; I asked him for my money, he snapped his fingers in my face, and told me to do what I could.
Prisoner. Q. Had you not some rum as well as beer? A. You had half a quartern, and I believe I had some of it - I forgot to mention that before.
JAMES THORP . I was at the Bull's-head public-house; I observed the prosecutor asleep - the prisoner offered me a glass of beer - I had no knowledge of him, but I drank with him; he then filled the glass again and broke it - he said,"Don't say anything, I will say it was him that broke it, I will see if he has any money in his pocket to pay for it" - I said, "Don't do that" - he said, "Oh, we are friends;" he then took some silver and copper out of the prosecutor's pocket, but I don't know to what amount - the landlady then came in, she saw the glass was broken, and demanded payment, and the prisoner paid 8d. for it out of the money he took from the prosecutor's pocket - I don't know what he did with the rest of the money, but he called for a pennyworth of gin, and said that the young man in the parlour would pay for it when he awoke, and when the prosecutor awoke, he missed his money.
WILLIAM MEDLEY (police-constable H 20). I took the prisoner into custody on the following Saturday, at his own house - he was concealed under the bed; he said if he did take the money, he had entirely forgotten it.
Prisoner's Defence. I never was guilty of any thing of the kind in my life - I have worked for one master seven years and never robbed him.
GUILTY . Aged 41. - Confined One Week .
JANE QUINLAN . I am the wife of James Quinlan - we live in Brick-lane, Spitalfields , and keep a shoe shop . On the 30th of May the prisoner came in with another young man - he asked for a pair of shoes - I had been sitting on a chair in the shop, on which I left my silk handkerchief - when the prisoner came in he sat down on that chair, and I gave him some shoes; I did not observe him take the handkerchief, but I missed it as soon as he was gone - he had tried on several pairs, but went away with the other man without buying; I missed my handkerchief, and pursued the prisoner - I caught him, but not the other man - I took the prisoner to the station-house - I did not call for any assistance, till they were crossing Church-street - they then separated; the other man ran down Booth-street, and the prisoner went down Church-street - I took him and said, "You have taken my handkerchief;" before I came up with him, he hastened his pace and went as fast as he could - he was taken to the station-house, but nothing was found on him - he had not money to pay for the shoes.
Prisoner. Q. Did you not stop me in the street, and say I want you? A. Yes, I held you; you was forced to stop, and I took you to the station-house - nothing was found on you - I did not state last time that I saw the handkerchief in your hand, I said I saw you hand it over to the other man just before you parted in the street, I forgot to say that just now.
CATHERINE QUINLAN . I am the daughter of the prosecutor. I remember their coming in, I got the other a chair, he would not sit in that; the prisoner sat down in the chair where the handkerchief was - as soon as they were gone I missed the handkerchief - I heard the prisoner say when he was going before Mr. Twyford, that he would not stand about half-a-crown, but let him go, and we should have the handkerchief back - I am sure he said that; I will swear it - the prisoner said in the police office, that he would not tell against his companion.
Prisoner. Q. How was it possible I could give you the handkerchief back, if it was not at my possession? A. I don't know any more than that you said so.
Prisoner's Defence. My father told me to see for a pair of shoes, and he would give me the money for them; I wanted to get two odd ones, (for you see one of my legs is larger than the other,) and she had not odd ones to suit me.
GUILTY . Aged 18. - Transported for Seven Years .
OLD COURT. Thursday, August 15, 1833.
Second Middlesex Jury, before Mr. Justice James Parke.
MESSRS. BODKIN and GURNEY conducted the Prosecution.
JOHN HANEY . I am shepherd to Mr. Starkey, he lives at Edmonton ; he had a flock of sheep - I counted them on the 13th of June, about six o'clock in the morning; there were then but forty-seven - I had counted them, about six o'clock in the morning, on the 12th of June, and there were then fifty, which was all right - I went to several fields, to see whether they had strayed away - the officer afterwards fetched me to a shed in White Hart-lane, Tottenham; I there saw some meat, and two sheep, which I knew to be my master's, by the mark of a black H on their shoulders, but they had cut it out; it had been done with pitch - there was the mark where the H had been, but the wool was cut away.
Cross-examined by MR. DOANE. Q. Was there any colour put over the black mark? A. No; there was a red ochre mark down the back and across the loins, which ppeared to be fresh - I counted them at six o'clock in the morning, on the 12th of June; I saw them again the same evening, I did not count them then, but they appeared right - I cannot tell whether the three sheep were there then.
COURT. Q. What sheep were they? A. These two are wether half-bred Norfolk, they have little speckled faces; they are between a Leicester and a Down - I can't tell what the other was.
WILLIAM STARKEY . I am a farmer, and live at Palmer's-green, in the parish of Edmonton; I have one partner - we lost three sheep in June from Lucas'-fields, near the tile-kilns; our flock consisted of fifty, I counted them on the morning of Wednesday, the 12th of June, they were then all right; I did not count them afterwards; but, on the Thursday, my shepherd told me three were lost - I told Foster of my loss; he got a warrant, and we went the same day to Queen-street, Tottenham-terrace - I then went to a shed occupied by the two prisoners - Tuck is a butcher, and the other is a labourer; I believe they are partners - you cannot see that it is a butcher's shop as you go along, there is no window comes in front, but by looking over the wall you can see meat in the shop if the door is open; we went into this shed, and found a haunch of mutton and a side of mutton, but I should not think it had been killed the night before - we found these two live sheep, which I can swear to be mine, they had been branded with a large H on the shoulder; they have attempted to cut it out, but there was enough left for me to trace out the remainder of the H; it can be traced now - they had also a mark of red ochre down the back and over the loins - I saw both the prisoners there - the officer showed them the warrant and said he came to search for sheep, did they know any thing of them? I think they both answered No - we then found these, and one of them said, when I claimed them,"Be careful how you swear to your property" - they did not give any account how they came by them - I have dealt in sheep all my life, these are half-bred sheep; I have no doubt they are mine.
Cross-examined. Q. When the officer went, did he not say it was to look for some sheep that had been stolen? A. Yes; and one or both the prisoners said they knew nothing of them - I have never expressed a doubt about these sheep being mine; I have always been positive of them.
Q. Have you never said you did not think they were yours? A. When I first saw them, it was through a glass, and seeing they were marked in another way, I said, "I don't think they are mine;' but when we got the key and went into the shed, I put my hand on them and said,"These are mine" - it was between nine and ten o'clock on the 12th, that I had seen them safe; the ochre mark on them seemed to have been done a day or thereabouts.
JOSEPH FOSTER . I am a constable. On the 13th of June, I went to the prisoners shed with Mr. Starkey; but I had been to the shed first and seen the sheep; they were marked with red ochre from head to tail, and there appeared to have been a letter H cut out with a pair of scissors, but the mark is plainly to be seen - when I went with the prosecutor, I saw both the prisoners; I said I had a warrant to search the house for sheep - Tuck took the warrant and read it; he said he knew nothing of the sheep - the other prisoner was present - Mr. Starkey said he could swear to these sheep as his property - I took the prisoners into custody and handcuffed them - Tuck said he had bought these sheep of a man whose name he did not know, near the Bell at Edmonton; I think he said it was on the Tuesday - Bilton did not say anything about them, but he said he was in partnership with Tuck, and lodged in the same house.
Cross-examined. Q. Are you the person who took the furniture out of the house? A. Yes, by their own desire; I have an inventory of it here, which Tuck made - I was desired to sell some meat, which I did - I paid the rent which was 1l. 16s., and I have the remainder of the money.
COURT. Q. Did you sell the carcass of a lamb? A. Yes, to a butcher; the sheep we found are fat sheep.
JOHN FOWLER . I am a constable. I went with Foster to execute the search warrant - I saw the prisoners; and heard Bilton say he was partner with Tuck - these two sheep were found in the shed; they were taken, and the prisoners were taken into custody - the prosecutor at first saw the sheep through a glass; but when Foster got the key and got in, the prosecutor looked on the shoulders of the sheep and said, "These are my sheep, I will swear, but they have cut the mark out" - I looked at the place and could trace an H - I saw the red mark down their backs, which I think had only just been put on.
Tuck's Defence. We are quite innocent of the charge, to prove which there are two or three witnesses to be called in.
MARTIN FLANNAGHAN . I live in Church-street, Shereditch, and am a shoemaker; I am landlord of these premises; Tuck took them of me; I have known him about five months - I was there on the Wednesday about the middle of the day; I saw two sheep and a lamb there; there was some red ochre on them, but what mark I cannot fell.
MR. BODKIN. Q. Did it appear as if just put on? A. No, Sir, it appeared to me to he a market mark; they were two wether sheep and a ewe lamb.
ELEANOR WHITTING . I live in Queen-street, Tottenham, and have known Tuck about two years; he has been an honest, still, quiet young man - I went past their premises on the Tuesday to serve my milk; I saw the two sheep grazing by the foot-path between eleven and twelve o'clock - I noticed a red mark on them, because a baby I had with me went and stroked it; I cannot be sure that I should know the sheep again.
COURT. Q. How far were they from Tuck's house? A. About twenty yards.
MR. BODKIN. Q. Is not your son very intimate with Tuck? A. No, Sir, my son has been living in London till within the last three months; since then he has lived with me except when he has been at harvest work - my son may have been in a house with Tuck - I was at home when Tuck was taken before the magistrate, (Dr. Robinson;) I did not go; they did not ask for any one to go - I saw the two sheep taken from the house on the Thursday morning; and Mr. Starkey said he had lost three sheep that morning, and he had found two of them - I said,"Stop, don't be so sharp, these two sheep were there on Tuesday morning" - I am quite sure I told him that, and he said, "What!" - he spoke very sharp to me - there were several neighbours about, but the officers were not there, they were searching the premises - I am quite sure I saw the sheep on the Tuesday - I carry milk every day - I saw the sheep on the Wednesday about four o'clock in the afternoon, grazing on the same spot; I had not seen them on the Monday.
COURT. Q. Do you know Lucas-field in Tilefield-lane? A. No.
MR. BODKIN to WILLIAM STARKEY . Q. When you took the sheep, do you remember seeing this woman? A. No; I never saw her in my life; there were persons about, but no one said they had seen the sheep on the Tuesday - I don't know whether this woman was about - these are my sheep, they had been shorn about ten days.
TUCK - GUILTY. Aged 19.
Tuck recommended by the Prosecutor to mercy .
BILTON - GUILTY . Aged 21.
Transported for Life .
1197. JOSEPH YOUNG was indicted for stealing, on the 18th of June , 1 hat, value 10s.; 1 shirt pin, value 5s.; 1 pair of gloves, value 6d.; 1 sovereign, 1 half sovereign, and 8 shillings, the goods of James Carr , from his person . (See Sixth Sess. p. 615.)
JAMES CARR . I am a gentleman's servant ; on the 28th of June, I was out of place; I was at Covent-garden market from four o'clock that morning, till between five and six o'clock; I went to a public house near there, and I saw the prisoner - I gave him some ale, and stopped with him about twenty minutes; we then went to Broad-street, Bloomsbury ; he asked me to give him something more to drink, and I gave him some beer - I stopped there from a quarter before seven o'clock, till nearly eight o'clock; I sat in a box; the prisoner said he was out of place, and had been for so a long time, and he had not a farthing of money of his own - I went to sleep, and when I awoke, the prisoner was gone; I missed my hat, a pair of white gloves, and a breast pin, which had been in my shirt; I missed eight shillings from my trousers pocket, and a sovereign and a half from my fob - I found my fob turned inside out - I know I had the sovereign and a half safe in the morning, and the silver when I paid for the porter.
Cross-examined by MR. BODKIN. Q. How long had you been out of place? A. Since last September; I had been in the country with my father, and returned to London about a fortnight - I was lodging in Earl-street, Manchester-square; I had gone that morning to see Covent-garden market - I had not been drinking, till I drank with the prisoner; after we had the ale at the first house, I said, I was going to the West-end, and he said, he would walk with me - I did not propose to go into any other house till he asked me - there was some tossing up in the house near Covent-garden, but I did not toss nor did the prisoner - we spoke to the persons who were tossing - I don't recollect any person being in the public house in St. Giles' but a female behind the bar; we sat in a little box behind the bar door - I cannot tell how long I slept, I think it was nearly an hour; I had not told him to stop; I found him the next day in Portland-road - I heard that he returned to the public house the next day.
MARY ANN PHILLIPS . I live with my brother, John Phillips , he keeps the George and Crown - I know the prisoner by his frequently coming to the house - I saw him come with the prosecutor on the 18th of June; I served them with two pints of porter which the prosecutor paid for - the prisoner went out and returned in ten minutes; he then went out again and staid about a quarter of an hour; he then came in and sat down by the prosecutor - there was no one else with the prosecutor, he was asleep, his head was laying down on the table - the prisoner asked me for a glass of gin, but he did not drink it, he went and sat down by the prosecutor for twelve minutes or a quarter of an hour, he then got up, drank his gin, and went away; I know the prosecutor had a hat on when he first came in, but I don't know whether he had when the prisoner came in the second time - I remember the prisoner asking me for water, and I referred him to the pump, but he did not go to the pump, he sat down by the prosecutor - some women came in, but they did not sit down, no one else went into the box - when the prosecutor awoke, he said he had lost his hat; I said, perhaps the young man had taken it, he then complained of the loss of his money - I saw the prisoner the next morning about five o'clock, with a good hat on; I did not notice his hat the day before.
Cross-examined. Q. How large is the bar? A. It is a good size; the box would hold about six persons - our house opens early, we have a good many cab men in a morning - I know no one came into the bar that morning for I never left it; I was cleaning up - about three women came in at different times; I do not know whether they were women of the town - I do not know whether the pro
ANN SINGLE . I am servant at the George and Crown. On the morning of 18th of June, I went in the bar for a pail of water; I saw the prisoner and prosecutor sitting close together in a box, the prosecutor was then asleep - I afterwards went to the pump again, which was about a yard from where they sat; the prisoner had some silver in his hand, and a pair of white gloves; he was counting the silver and keeping it under the table, because I should not see it - the prosecutor's head was laying on the table, I cannot say whether he was asleep - I saw the prisoner go out in a short time, but I did not see him return.
THOMAS WILLINGS (police-constable E 141). On the 19th of June I took the prisoner - I went with him and the prosecutor to the magistrate; in going along I was asking the prosecutor about it and the prisoner said I had no right to ask him any questions; I said, I had a right to ask him any, but the prisoner none - the prisoner at first said he knew nothing of it, but he afterwards said he was very drunk.
Cross-examined. Q. You searched him? A. Yes, I found nothing on him but a bad sixpence.
Prisoner. When I went into the public-house the prosecutor was standing there
JAMES CARR . No, you was there when I went in with a young man named Wheeler, you was the only person there - I did not go to any public-house in Hart-street, or to any other house till we got to Broad-street, and there you asked me to treat you again; I said I was out of a situation and could ill afford it, but I would give you some beer - I was never at the tread-mill with Wheeler; I was once kept back on a parochial affair, and there I saw him, and I recognized him again at the public-house.
GUILTY . Aged 23. - Transported for Seven Years .
NEW COURT. THURSDAY, AUGUST 15th, 1833.
Fourth Middlesex Jury before, Mr. Common Serjeant.
1198. SARAH MORRIS was indicted for stealing, on the 29th of May , 2 gowns, value 19s.; 3 bed curtains, value 15s.; 1 shawl, value 7s.; 1 book, value 6s.; 1 cloak, value 3s.; and 1 1/2 yard of flannel, value 1s. 6d. the goods of Edward de Gray Hayward . (See Sixth Sess. p. 589.)
EDWARD DE GRAY HAYWARD . I am a painter , and live in Arundel-street, Waterloo-town, Bethnal-green . The prisoner hired a room of me on the 22nd of May; she staid only one week; Eliza Chapman was with her when she took the room, and they lodged together - on the 29th of May the prisoner went out, and said she had left her sister (as she called Chapman) up stairs, and she should soon be back, but I did not see her again till between one and two in the morning - soon after she was gone, Chapman came down to wait till she returned - my wife then went up stairs, and missed a gown; I sent for an officer, and took Chapman - when the prisoner came home we took her also - these bed curtains are mine, we missed them with the other things, but nothing else has been found.
ANN HAYWARD . I am the prosecutor's wife; when the prisoner was gone out I went up stairs; I missed two gowns, a shawl, some bed furniture, a book, a cloak, and some flannel - I went down and told Chapman about them; she said, if I went up into their room I should find a gown in the bed - my drawers had been broken open, but I cannot say when - when the prisoner came back she was given into custody.
GUILTY . Aged 19. - Confined One Month .
1199. THOMAS BARTON was indicted for feloniously breaking and entering a building within the curtilage of the dwelling-house of George Seidenburgh , on the 7th of June , at St. John of Wapping, and stealing therein 2 coats, value 5s.; 1 cloak, value 10s.; and 1 waistcoat, value 2s. the goods of the said George Seidenburgh .(See Sixth Sess. p. 565.)
GEORGE MALPAS . I work for Mr. George Seidenburgh , at the Dundee Arms yard, in the parish of St. John, Wapping - he has a warehouse there, which I fastened on the night of the 6th of June - I went there the next morning, about seven o'clock, found the door broken open, and six tiles had been taken off the roof; so that a man could get in - we found the prisoner in the loft, with these two coats and this cloak, which had been in the beds in the room below on the night before - I sent for Adams the officer, and he went up and found the prisoner and these articles in the loft - the lock of the warehouse door had been forced back.
THOMAS ADAMS . I am a Thames police officer. I was sent for; I went up stairs and took some boards and tables out of a corner of the loft, where I found the prisoner stowed away on these coats and cloak - he was quite sober - I had known him for years - I asked him how he got there - he said he had been there two nights and two days - but when I got him down, he said he had just come in at that door, that morning; that was in the warehouse where the beds and boxes were placed - it is within the curtilage of the dwelling-house, and is in the parish of St. John, Wapping.
Prisoner. On the Wednesday afternoon I had a disturbance with my father - I went to the Dundee Arms to go to sea - I saw this door open; I went in, and was there two days - I did not know these things were there - I laid down to sleep.
THOMAS CALLAGHAN. I went with Adams - he lifted a form or some old furniture, and found the prisoner there.
GUILTY . Aged 18 - Transported for Fourteen Years .
RICHARD MEEK and JOHN STANNARD were indicted for stealing, on the 14th of June , 1 pair of sugar tongs, value 11s.; 3 silver spoons, value 12s.; 1 portrait, value 3l.; 2 pictures, value 10s.; 1 sheet, value 5s.; 2 table cloths, value 10s.; 3 shirts, value 12s.; 2 waistcoats, value 3s.; 1 pair of stockings, value 2s.; 1 half-crown; 1 shilling, and three coins, value 3s., the property of Joseph West , in the dwelling-house of James Duer .
JOSEPH WEST. I have been lodging at No. 23, Paddington-street . On the morning of the 14th of June, I left my room, locked my door, and hung the key over it, which I did every day, for the landlady to go in to make the bed, and she puts it there again for me - I went out before ten and returned about half-past nine o'clock at night - I then missed a gold pin from my table drawer, worth about 7s. - I did not miss any thing else that evening, but early the next morning I found the things in my cupboard had been disturbed, where I had secreted my bunch of keys - my boxes were still locked as I had left them, but on opening them I missed the articles stated in the indictment and some other things - I sent for my landlady and the officer - I went with the officer to Lisson-grove, where I saw my own portrait in Mr. Farley's shop, also the picture of a lady, and the interior of Lincoln College - here are some articles which Mr. Baker, the pawnbroker, produced, and Mr. Solomon brought some articles; they had all been safe in my boxes on the 14th.
Cross-examined by MR. DOANE. Q. What is the value of the portrait? A. I valued it at 3l. 10s. - I gave 3l. 17s. for it; it was done by Mr. Burke - I do not know what the canvas is worth; these articles are marked J. W.; I believe they are all marked; this shirt is not marked, but I believe it belongs to me - there may be other shirts like it; my initials are on these tongs and spoons; I have no mark on these shoes, but I purchased them and wore them; I can swear to them by the ribbon, and altogether; they were not made for me - there may be many yards of ribbon like this - any person might get the key of the room and go in - I cannot tell who went in.
Cross-examined by MR. DAWSON. Q. What value do you place on the picture of the Lady? A. Ten shillings on the two; no one would give me that for them perhaps - I am not now married; I have been - I lived in service at General Pilkington's, in the park; and before that at Thomas Cogan 's, Esq. - I have never taken any women into my room; I have had no visitor's, but my laundress has called - I looked into my boxes every day - my drawer in which the razor and pin were, was not locked - there is no mark on this pin; it is rather crooked by means of wear - I can swear to it, it is one I fancied; I gave 7s. for it.
CHARLOTTE DUER . I am the wife of James Duer ; the prosecutor lodged in my house - I don't remember seeing any one there that day but the prisoners - I did not see them up stairs, but I let them out of the passage with a box - Meek had lodged with me from the 8th of June, but I had given him warning in consequence of his letting in a young man after my door was bolted; and on the 14th I let him and Stannard out with a box; they went out more than once, but I did not see them go - they were in the house between twelve and four o'clock; there were no other persons came to the house that day; if they had I should have known it - the prosecutor never had any woman there.
Cross-examined by MR. DOANE. Q. How long had the prosecutor lived with you? A. Between three and four months - he has had no one to see him that I know of, only calls at the door - I was not out of my house on the 14th of June, to the best of my knowledge - I cannot tell whether my husband was at home - he is a carpenter; he sometimes works at home - I do not carry on any business; I attend to my lodgers - I furnish my attics for single men- I had four lodgers - Meek lodged in an attic, but I knew Stannard by coming to see him; and I have reason to think Stannard slept in my house.
Cross-examined by MR. DAWSON. Q. Does your husband employ workmen at home? A. Yes, sometimes, but he had no workmen there on the 14th of June.
WILLIAM HOOKER (police-sergeant D 3). I found the prisoner in custody on the 15th of June, at Mr. Fairlam's, a pawnbroker in Lisson-grove - I found on Meek a key, which he said was the key of his box; I found the key of his room, and some duplicates which led me to Mr. Tomlinson's, where I found a table-cloth and two shirts, which are here - I then went to the lodging which both the prisoner's had taken in Harrow-street; and in the box which I opened with the key I took from Meek, I found this pin, the pair of shoes, a waistcoat, an under waistcoat, a pack of cards, a pair of silk stockings, and some other things - the prisoners told me where they lodged.
JOSEPH WEST. These are my property I have no doubt, though some of them are not marked.
SAMUEL SAUNDERS . I am in the employ of Mr. Solomon, of Crawford-street, he deals in second-hand clothes; on Friday, the 14th, the two prisoners came to the shop, Meek asked me what we gave an ounce for old coin, I said, 4s. 11d.; he reached me some, which I weighed and paid him for - the two prisoners came again, and Meek sold me two silver salt spoons, which I paid him 4s. for, there were some initials on them, I asked if they were his own, he said, yes; the two prisoners came a third time, and I bought of Meek a caddy spoon and pair of sugar tongs for 7s; the coins were put into the window with others and I could not distinguish them, but these are the other articles.
Mr. Ellis, and Mr. Parker of Lisson-street, and Mr. Arnold, deposed to the good character of Meek.
MEEK - GUILTY. Aged 20. - Value 99s. only .
Transported for Seven Years .
STANNARD - NOT GUILTY .
Before Mr. Recorder.
1201. WILLIAM MUIR was indicted for stealing, on the 28th of May , 16 pairs of boots, value 14l., and 2 coats, value 6l., the goods of Joseph Pearce , in his dwelling-house, and that he had been before convicted of felony . (See Sixth Sess. p. 568.)
JOSEPH PEARCE. I am a boot and shoe maker , and live in New-street, St. Martin's-lane, in the parish of St. Martins-in-the-field ; it is my dwelling-house, I occupy the whole of it - I had the prisoner with me about three weeks, before the 28th of May; he was on trial to be
Q. Have you any doubt that it exceeded 10l.? A. I should not like to swear it; I think the boots cost me about 8l. out of my own pocket; I can swear they cost me 7l. - the coats were worth 2l. or 3l., I am sure they are worth 2l. - I lost 1l. 10s. in money - I have since seen the boots, and know them to be mine.
Q. Did you state on a former occasion that you thought the prisoner wrong in his head? A. Yes, he appeared as if tipsy, he really was not right, he did things so contrary to what he was told; if he was told to clean a boot, he would put a right boot on a left tree - he had occasionally to clean my horse, and if I told him to clean his feet, or to rub him down, he did not know what to do, he was so stupid - I could not have kept him.
JOHN PUGH (police-constable P 90). On Tuesday, the 28th of May, I was on duty in Hampton-street, Walworth-road, about three miles from the prosecutor's - I saw the prisoner get out of a cab, with a large bundle - I watched him, he went down Church-passage; I went round the Walworth-road, and met him opposite the church; I asked what he had got, he said a sample of boots which he had brought from the country, and he had come from North-street, Bayswater; I said I would take him to the station-house - he then said he was going to take them to No. 122, Holborn - I examined the boots, and found the name of Pearce on them - it was then twenty minutes after three o'clock - I saw nothing to make me think he was wrong in his head - the bundle contained sixteen pairs of mens' boots, and one coat, and the other coat he had on his back - I delivered them to the prosecutor.
MR. PEARCE. I received the articles, they were my property, and had been safe in my dwelling-house the night before.
GUILTY. Aged 18. - Transported for Life .
Recommended to Mercy by the Prosecutor .