EIGHTH SESSION, HELD AT JUSTICE HALL, IN THE OLD BAILEY, On THURSDAY, THE 17th DAY OF OCTOBER, 1833, AND FOLLOWING DAYS
TAKEN IN SHORT-HAND,(BY AUTHORITY OF THE CORPORATION OF THE CITY OF LONDON) BY H. BUCKLER.
Before the Right Honourable SIR PETER LAURIE , KNT., LORD MAYOR of the City of London; Sir James Allan Park , Knt. one of the Justices of His Majesty's Court of Common Pleas; Sir John Vaughan , Knt., one of the Barons of His Majesty's Court of Exchequer; John Ansley , Esq.; Claudius Stephen Hunter , Esq.; Christopher Smith , Esq.; John Thomas Thorp , Esq.; William Venables , Esq.; and Matthias Prime Lucas , Esq., Aldermen of the said City; the Honourable Charles Ewan Law , Recorder of the said City; Charles Farebrother , Esq.; Henry Winchester , Esq.; Thomas Kelly , Esq.; and Sir Chapman Marshall , Knt., 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 of Oyer and Terminer of the City of London, and Justices of the Goal Delivery of Newgate, holden for the said City and County of Middlesex.
LAURIE, MAYOR. - EIGHTH SESSION.
* A star placed against the verdict denotes that the prisoner has been previously in custody.
First London Jury, before Mr. Recorder.
1404. JAMES BELT was indicted for feloniously breaking and entering the dwelling-house of John Bruhn Sewerkrop , on the 5th of October , at Allhallows, Barking, and stealing therein 2 ladles, value 5l.; 12 forks, value 10l.; 14 spoons, value 6l. 6s.; 2 knife rests, value 1s.; 1 pair of boots, value 1l.; and 1 pair of stockings, value 2s. his property; and 1 handkerchief, value 2s.; 1 cap, value 2s.; 2 purses, value 1s.; 1 knife, value 3s.; and 1 needle case, value 1s.; the goods of Ann Tracey .
CHARLES FOX . I live at No. 8, Gardener's-lane, York-street, Westminster. On Sunday, the 6th of October, the prisoner came in between eight and nine o'clock, and asked if he could be accommodated with a lodging for the night; my wife said, Yes; he sat down and took off a pair of boots, which he said hurt his feet - he said he would sell them and get a pair of shoes in exchange; he asked me to go with him, but I refused - he asked me to let one of my children go; I refused, but told him where to sell them, and he said he had a parcel of things he had brought from hopping - he left two parcels with me, containing seven forks and other things; he left them on my shelf - one was wrapped in an old blue handkerchief, and the other in a piece of stuff - my wife had occasion to move them; she did so, and she spoke to me, and I took the parcel from her hand, shoved the cloth back, and the prongs of the silver forks came out - I did not open them; I sent my son-in-law for a police officer, and while he was gone I went to where I had sent him to sell the boots, and cautioned them not to buy them - he came down with me from the place he was selling the boots at, to my house, and I kept him till I gave him to the officer; the two parcels were delivered to the officer.
Prisoner. The person told me, if I gave the property up, I might go about my business, or something of that sort. Witness. I did not hear it said.
ALLEN CHAMBERLAIN (policeman B 57). I went with Fox to his lodging, and saw the prisoner; Fox pointed him out to me - the prisoner then had two bundles in his hand; he gave them to me - I examined them, one contained seven silver forks and a small gravy ladle; the other five silver forks and two table spoons, and he had a pair of boots and a pair of stockings in his hand - I searched him, and in the left side of his breast, found a large soup ladle, and in his left-hand waistcoat pocket, I found a silver tea spoon, two knife rests, two purses, and a silver knife, a caddy ladle, and other things, as stated in the indictment - I produce them - on returning to the lodging, Fox gave me a cap and needle case, which had been left on the mantle shelf.
Prisoner. His evidence is correct; I have nothing to say to him further than I delivered the things up.
ALLEN CHAMBERLAIN re-examined. Q. Did you propose to him that it would be better to give you information? A. No; after finding the property on him, I asked whose they were, and where he got them, but I neither threatened nor made him any promise, and he voluntarily said at first that it was immaterial to me where he got them - I said it was no matter whether he told me or not; he then said, "Seeing a gate open, I went down an area, and put my foot against a shutter, and shoved it open; I thought there would be a turning into some street which would take me home, but seeing the plate, it looked very tempting, and I took it."
Prisoner. I told him I took the first gateway to be a turning, but when I entered the house I took it to be a house to let, and when I entered the window I clapped my hand on the boots.
JOHN BRUHN SEWERKROT. I occupy a house, No. 5, Muscovy-court, Tower-hill, in the parish of Allhallows, Barking ; I am the only occupier. On Sunday morning, the 6th of October, my servant alarmed my son, and I came down stairs into the kitchen, in consequence of what he told me - I found a large piece broken out of the kitchen shutter, which was done with force; the piece of the shutter is here - it was broken so as to enable a
ANN TRACEY . I am servant to the prosecutor. On Saturday night, the 5th of October, I left the kitchen about eleven o'clock; the shutters were up and fastened inside with an iron bar, and the place was all safe - the inside shutter of the window was shut, but I do not know whether I shut down the outer sash; but the window shutter was closed with the iron bar - on the following morning I went down at half-past seven, o'clock and found the kitchen light, and half the shutter open and broken, as it is now produced - I went up and gave an alarm; the shutter had been broken, I think, by the strength of his feet; the iron bar was not removed - this plate was in two different parts of the kitchen over night, part of it in the pantry, and part in a cupboard - I lost a silk handkerchief, two purses, a needle case, and a pocket knife - my things are here; they were in my box in the kitchen over night; a pair of old shoes were left behind which did not belong to anybody in the house - a candle appeared to have been lighted; I had left enought fire in the grate to light a candle by.
Prisoner. I wish to know if she has got her things right?
JOHN REEVE re-examined. I observed the area of this house about twelve o'clock at night, when I went round the court and saw all safe; there is a gate to the court; I locked it after twelve o'clock, and I opened it at five o'clock in the morning to go round to call the half-hour; I left it open to let the lamp-lighter in; I saw nothing of the prisoner - a few minutes before six o'clock, in the morning I saw the prisoner behind the gate inside, and asked what he did there; he said he had just looked in to see a place to sit down in out of the cold; I said, that was not a place to sit down in; he turned about, and went away while I was opening the other half of the gate; not seeing him with anything, I let him go.
Prisoner. I ask all the mercy that can be had, as the things are brought back, and it is the first thing I ever did in my life; I am very sorry I have done it; I was rather oppressed in my mind, and if you will look over it, I will never do the like again, and go to the workhouse till I can get work - when I entered, I took the house to be to let, by a paper in the window, which was a broken pane of glass - as I have been so unfortunate as to take the property, I hope you will show me every mercy; I will never do the like any more as long as I live; I deserve punishment I know.
GUILTY - DEATH . Aged 25.
1405. THOMAS SINNOTT was indicted for feloniously breaking and entering the dwelling-house of Ann Norris , on the 7th of September , at St. Alphage, London-wall, and stealing therein 1 bag, value 1s.; 35 yards of woollen cloth, value 20s.; 6 yards kersey, value 6s., and 57 yards of jean, value 26s., her property .
SARAH NORRIS . I am the daughter of Ann Norris ; we live at No. 24, Philip-lane. in the parish of St. Alphage, London-wall . On the 7th of September, between one and two o'clock in the day time, I heard a strange step in the house on the stairs - we have a side-door and a front-door; the stairs are enclosed by a door which comes into the shop - I ran to the front-door to see who was coming out; I pretty well know the steps of the inmates of the house, and I saw the prisoner come out of the side-door opening into the court, with a bag on his shoulder - that door is kept on the latch; I cannot positively say it was not open when he came in; it might have been left unlatched by accident - he had a blue bag on his shoulder; I called to my mother - there is a house exactly facing the end of the court - I followed the prisoner up the lane, and when I got to the end of the lane he turned round to look, and then turned towards Cripplegate-buildings - I spoke to a gentleman to stop him; he then threw the bag down at a public-house door, and ran away; I pursued him closely, crying,"Stop thief" - he was stopped once or twice, but resisted; he was stopped at the bottom of Hart-street; I never lost sight of him - I had seen the blue bag safe in the house about two hours before, it was in the two-pair back-room; I did not know the contents of it, but I know it was full of things - the door of the room it was kept in, was locked and padlocked; I kept the key and had it then - I found the door of that room ajar on going up, the hasp of the padlock was drawn out, and I suppose the lock must have been picked by a false key; the lock was not at all injured, we can lock it still - I had both the keys in my possession - my mother is a widow, and keeps the house.
RICHARD RUST WETENHALL . I am a painter and glazier, and live at No. 29, Monkwell-street. I heard a great screaming, and the prisoner came to the corner of Hart-street, he almost ran into my arms; I secured him.
JOHN FULLSTONE . I am a tailor, and live at No. 34, Brick-lane, Spitalfields. The contents of this bag belong to me; I don't lodge in the house; I had left the articles in the care of Ann Norris - I had not given them to her; they are my property - I had put them into the blue bag; it was put in the back garret I understand; I never saw it there; I delivered it at her house wrapped in a blue bag; I left no directions with it - I left it there on Friday evening as it was very wet, being afraid of spoiling the things; I left them with Ann Norris, and told her to take care of them till I could come for them in a day or two - the bag contains more than twenty yards
SUSANNAH MOSS . I was near Norris's house standing right facing the court, on the 7th of September, and saw the prisoner come out of the house with the bag on his shoulder; he came out of the side-door.
JOB CUTTS . I am an officer. I produce the property which was given to me at Norris's by a porter; it was flung down in the street, and was brought in by a man on his back, and given into my charge - I searched the prisoner; I found nothing on him - I examined the door, and found the padlock broken, and the lock was opened without violence; if the padlock had not been broken, nobody could have got it - I think it was on the second floor.
Prisoner's Defence. As I was coming down Philip-lane, I heard the cry of "Stop thief;" I ran, and a man was before me - I followed him, and a man caught me in his arms; I made no resistance; he said he should hold me to see what the noise was about; I stopped with him till he sent for an officer - I had two witnesses unless being Saturday they are not here - I have four small children at home wanting bread; I am a single man.
GUILTY - DEATH . Aged 36.
Recommended to Mercy by the prosecutor, on account of his family of four small children whom he had to support, and believing it was done through distress .
First Middlesex Jury, before Mr. Baron Vaughan.
1406. JOHN DELANEY , PATRICK MAHONEY , and RICHARD RYAN were indicted for feloniously breaking and entering the dwelling-house of David Jones , on the 4th of October , at St. Giles' in the Fields, and stealing therein, 2 gold chains, value 16; his property .
DAVID JONES . I am a silversmith and jeweller , and live at No. 185, High Holborn, in the parish of St. Giles' in the Fields . On the evening of the 4th of October, about five minutes after eight o'clock, my shop was preparing to be shut up - I had a quantity of goods in the window - silver, gold, jewellery, watches, and plate; I I was behind the counter with four or five young men, my apprentices; I heard a violent crash, resembling almost the pole of a coach being pressed on the plate glass of the window, which is much stronger than common glass; on turning round, I saw a hand as if trying to catch hold of some of the goods - there were gold chains, gold and silver watches, and other goods in that part of the window; some of them within half an inch of the glass, and some eight or ten inches from it; the hand was introduced about four or six inches, where some gold watches were suspended - I could see the hand; the window was perfectly safe before; I happened to have one of the young men outside the counter - his name is Loosemore, and in less than three seconds he was out; and Beeston, another shopman, had got hold of the flap of the counter, and he was out in a moment, and I followed him immediately; three of us were out in less than a minute; when I got out, I saw Beeston had hold of the prisoners Delaney and Ryan; I laid hold of one of them and brought him in, (I am not quite certain which) and Beeston brought in the other; and afterwards Loosemore brought the prisoner Mahoney in, and in two or three minutes an officer came in, and on Mahoney he found two gold chains; I knew them to be mine; I saw the hands of Mahoney and Delaney were much cut, and bleeding; and next day I noticed something the matter with the knuckles of the other, as if he had been in some conflict, such as a pugilistic conflict; I am fearful I have lost also a gold watch, a silver watch, and two or three articles; we found one gold watch on the pavement I swear the gold chains are my property.
HENRY LOOSEMORE . I am shopman to Mr. Jones. On this evening I heard a violent crash of glass in front of the window - I instantly ran out to the window, and saw the three prisoners at the bar, close upon the broken pane of glass; Delaney and Ryan had their hands inside the inner part of the window - both of them had both hands inside the window, which was broken sufficient to admit their hands - I should think twenty inches of it were broken; Mahoney was standing behind the other two; I made a rush on them all three, and seized Ryan and Delaney - Mahoney slipt from under my arm; Ryan and Delaney then made a rush to get away, and in doing so, we all three fell on the pavement; at that instant Beeston came out, I gave them both into his custody as they lay on the pavement; I then went in pursuit of Mahoney - I lost sight of him, and in the hurry of my pursuit, I passed him three or four yards, when a passer by called to me, that I had passed my man - I instantly turned round and saw him; I am quite sure he is the man - I collared him immediately, and brought him back to my employer's shop - the other two were then in the shop; I saw the officer search Mahoney, and saw him take one lady's gold chain from his outside pocket - I was then desired to attend outside to watch the broken window, and saw no more; I have not a doubt of the three prisoners - we had a full light on their faces; there are five or six gas lights in our shop.
THOMAS BEESTON . I was shopman to Mr. Jones at that time; about eight o'clock in the evening, I was in the shop near an opening in the counter; I heard a most tremendous crash of glass, and immediately went out; Loosemore was first - I saw him struggling with the prisoners Delaney and Ryan on the pavement - I went immediately to him; Loosemore said, "There is another, you take charge of these;" which I did, and he followed the other; the prisoners struggled and got up, and at that moment Mr. Jones came; he took hold of one, I the other; I did not observe their hands - I saw a gold watch on the pavement, about two feet from the window; that watch had hung before the square of glass that was broken - I suppose there was about £400 worth of property hanging before that pane of glass; Loosemore returned with the other prisoner, and they were taken by the officer.
JAMES KIRKBY (policeman.) I belong to Bow-street. On the evening of the 4th of October, I was called to Mr. Jones' house; I found the three prisoners in the shop - I searched Mahoney first, and found two gold chains in his right-hand coat pocket - I produce them; I searched the other prisoners but found nothing; I saw nothing of the gold watch - Delaney and Ryan's hands were both bleeding and cut; I asked Delaney if he had anything
Delaney. Q. Did I not tell you as I was passing by, I picked up the watch, and when Mr. Jones laid hold of me it fell out of my hand? A. No; you did not say that.
DAVID JONES. These chains are decidedly my property? they are worth sixteen guineas; the gold watch I did not take notice of; some small things were picked up by a female neighbour, and brought in to me, and several things were missed.
Delaney. All I have to say is, to beg the mercy of the Court; distress and want of employment drove us to do it; we were in a state of starvation.
Mahoney. We were in a state of starvation and distress - I have no friends.
Ryan. We were in a state of starvation and distress - we do not know any body in this country.
DELANEY - GUILTY - DEATH . Aged 19.
MAHONEY - GUILTY - DEATH . Aged 20.
RYAN - GUILTY - DEATH . Aged 17.
First Middlesex Jury, before Mr. Baron Vaughan.
1407. JAMES FRANKLIN was indicted for feloniously breaking and entering the dwelling-house of George Ives Osborn , on the 29th of September , at St. Paul, Covent-garden, and stealing therein 6 gowns, value 13s.; 3 table-cloths, value 10s.; 1 sheet, value 3s.; 6 shifts, value 1l.; 2 pillow-cases, value 6d.; 3 shawls, value 18s.; 2 petticoats, value 1s. 6d.; 1 tippet, value 3s.; 2 caps, value 1s. 6d.; 2 yards of net, value 1s. 6d.; 1 lining for a bonnet, value 4d.; 3 yards of edging, value 1s. 6d., and 1 jacket, value 1s. 6d., his property, and 4 shirts, value 5s.; 2 handkerchiefs, value 2s., and 1 pair of trousers, value 2s., the goods of Allis Kleyser .
SARAH ANN OSBORN . I am the wife of George Ives Osborn , but we have been separated by a deed of separation twenty-one years - he was bound over to keep the peace towards me; we separated in consequence of his ill usage- I gave him 200l. to separate from me; I do not know whether he is living or dead - I do not know how long it is since I heard of him; I have not seen him for upwards of twelve years - I live at No. 10, at the corner of Charles-street, Covent-garden, in the parish of St. Paul - I carry on the toy business; I have apartments there; I pay 70l. a year for two shops, a parlour, and warehouse below - Allis Kleyser lives with me as servant , he makes up the clocks; I repair all kinds of Dutch clocks - on Sunday morning, the 29th of September, I left the shop rather before eleven o'clock in the morning; Kleyser left it at the same time - I fastened the shop door with a padlock, and another lock as well; there is only one shop door - the parlour was barred, and a bolt in the lock - I am sure the windows and doors were fastened and secure- I returned between ten and eleven o'clock at night, and as I returned, I met two policemen, and from what I heard from them, I went with them to the station-house before I went home, and found six shifts, six gowns, three shawls, two caps, three table-cloths, and sundry other articles which I knew to be my property, and identified - they were in the middle drawer of a chest when I left in the morning; the chest was in the parlour, it was not locked - I went with the policeman into the shop; I found four of the best clocks taken down, and put into a blanket ready to be packed up - I first discovered the parlour door forced open, and the wooden bar broken; the parlour door opens into the passage- the pannel of the kitchen staircase door which was bolted when I left, had been broken; it is at the bottom of the stair-case - the space was large enough for a man to get in; they had entered through the kitchen by getting into the area, and through the window, then broke the pannel of the door.
ALLIS KLEYSER . I was in the employ of Mrs. Osborn. On Sunday morning, the 29th of September, I left the place about five minutes to eleven o'clock - when she left; the doors and windows were quite secure; the kitchen door which opens into the area, was bolted inside; the parlour door was fastened with a wooden bar, a bolt, and a lock - the windows of the shop and parlour were secure - I returned with Mrs. Osborn between ten and eleven o'clock at night - a policeman came up to mistress, and gave her information; we went to the station-house, and saw two shirts, and a pair of trousers of my own, and one of my neck handkerchiefs - I had left them in the middle drawer of the parlour with the other things in the morning - when we returned we found the shop door quite secure- I unlocked the shop door with the keys, I found several articles packed up ready to be taken away; clocks and other things - the parlour door was broken open, and in confusion - the bar was broken, and the bolt forced in; I went into the passage, and found the door which leads to the street door, outside the parlour door, broken open - that door is in the middle of the passage - it had been locked on the other side by the landlord, and that was forced to enable them to get out with the property; the pannel of the door at the kitchen stairs was broken out large enough to admit a man's body - I know nothing of the prisoner.
SAMUEL MONRO (policeman). I was on duty on the 29th of September, in Brydges-street, Covent-garden, between six and seven o'clock. I saw the prisoner go across the street with a bundle on his back, towards Russell-court; I went over, stopped him, and asked what he had in his bundle - he said some wearing apparel belonging to his woman - I asked him where he brought it from; he said from Phoenix-alley - I asked him why he did so - he said he owed his landlord some rent, and he was afraid he would detain the articles for it - I took him to the station-house, and he there stated that he brought the bundle from Short's-gardens, and then from Queen-street, Seven-dials, and then from Henry-street, Waterloo-road - I detained him, examined the bundle, and asked him what marks there were on the articles; he said he would not tell me - I then searched him, and found two keys on him, one of which exactly fits the prosecutrix's parlour door - I afterwards shewed Mrs. Osborn the property, which she identified - I went to the premises and examined them, and found the thief must have got in at the area; he must have got down into the area, and
Q. Why do you conclude that he entered in below? A. He got in at the window; I cannot say whether the window was fastened or not - from the window he could go to the kitchen door and open that easily - he then cut out the pannel of the stair-case door; I found the shop in confusion, and some clocks packed up in a blanket - the property seemed to be removed, and ready to be taken away; I have the property here which I found on his person - I took him between six and seven o'clock; I have a coat which was afterwards found on the premises, and the prisoner had not coat on when I took him - there is a handkerchief in the pocket of the coat.
Prisoner. Q. What time did you take me? A. It was half-past six o'clock when I took you to the station-house; it was not exactly dark - you made no scruple at going with me; you carried the bundle to the station-house.
ALLIS KLEYSER. Here are my shirts and trousers; I found this coat in the shop, and a handkerchief in the pocket - it was not there on the morning of the robbery.
Prisoner's Defence. I picked the bundle up about three minutes before the policeman stopped me with it - I picked it up at the corner of York-street, Covent-garden; a man was brought to the station-house, who said he saw a man going down Charles-street with the same bundle, and he said it was not me; I have not seen that man since; he was not brought to the office.
SARAH OSBORN. I have no access to the kitchen window, and cannot say how it was the kitchen window shutters were left open; I have every reason to believe the window was shut down.
ALLIS KLEYSER. The window was shut down I am sure, for I saw it - the shutter was open; it is a sliding sash - I cannot say whether it was fastened.
GUILTY - DEATH . Aged 34.
First Middlesex Jury, before Mr. Justice Park
1408. WILLIAM HEDGER was indicted for feloniously breaking and entering the dwelling-house of Thomas Jones , on the 29th of September , at St. Leonard, Shoreditch , and stealing therein, 1 shirt, value 2s. 6d.; 8 spoons, value 8s.; 2 castor tops, value 2s.; 2 bags, value 5d.; and 31 keys, value 10s.; the goods of Sarah Harlow .
WILLIAM BOWMAN. I live at No. 4, Bevenden-street, Hoxton, in the parish of St. Leonard, Shoreditch; Mr. Jones's dwelling house is in the same parish; his Christian name is Thomas. On Sunday evening, the 29th of September, about half-past seven o'clock, I was at my own door, and saw two men in the street, occasionally talking together, close to Mr. Jones's house, but on the opposite side of the street; they separated three or four times, and came together again and talked - I don't know either of them; they repeatedly passed Mr. Jones's house one at a time, and then one of them pulled out a watch to see the time, then immediately crossed over to the other side where the other man was, and met him by Jones's door; they were then within five yards of Jones's door - they were both at the door about a minute conversing together, one with his foot on the steps, and the other off the steps - they then parted; the one who had pulled his watch out walked away, and the other entered the house; I saw him put his hand to the door, and he went in, and shut it again- I am sure the door was shut; my house is directly opposite; I afterwards saw a light in the house, in Mrs. Harlow's front bed room, which is on the first floor - this was five or six minutes after I saw the man go in; I could distinctly see one person in the room, holding a light; I directed my son to go over and inform Mrs. Jones, who was in the premises attached to the house, but not where I saw the light; I went myself over to the front door, and knocked gently, and the prisoner came to the door - he had no candle; I said nothing to him; he directly rushed out past me and got from me - I laid hold of him - he hit me a violent blow on the chest, and his hat fell off - he got away; I pursued, and overtook him about an hundred yards off in the street - he was stopped - I was not twenty yards behind him; he ran into a baker's shop, but the crowd was so great round, that I could not get into the shop - I went back to Mr. Jones's house, and saw Mrs. Harlow's apartments - I never lost sight of the prisoner from the time he came out of the house, till he went into the baker's shop.
Cross-examined by MR. PHILLIPS. Q. Was it not rather dark in Jones's house? A. There were two lamps lighted in the street, and it was as light as possible - it was dark in the house; the person inside made a sudden rush very quick - I did not try the door before the man entered, it appeared to me to be shut.
WILLIAM BOWMAN , JUN. I was in the street with my father - he sent me to Mrs. Jones's - he knocked at the door when I came back, and the prisoner came out; I am sure of him - I saw him hit my father, and he nearly knocked him off the pavement - I saw the prisoner's hat knocked off; he left it behind him, and ran away into Mr. Lloyd's the baker's - I am quite sure he is the man - the street was very light.
Cross-examined. Q. How far were you from the door when the man came out? A. About the middle of the pavement on the same side of the way, there was no crowd then - there was a crowd round the baker's shop.
JOHN EWEN . I live at Mr. Brookes'. On the Sunday night in question, I was near Jones's house with three more young lads - I saw Bowman go up to Jones's door and knock, and I observed two men come out - the prisoner was one of them I am quite sure; they walked out quickly - I am sure the prisoner was one; I saw him struggling with Bowman; the prisoner's hat was knocked off, and I picked it up and took it to the station-house, and gave it to the inspector; there was one shirt in it marked Kain, in
Cross-examined. Q. How far were you from the door when Bowman was struggling with the man? A. On the curb, about a yard from him - I always said the prisoner was the man - I never said I thought he was the man; Bowman's hat was not knocked off; no crowd came up while he was struggling - Bowman hallooed "Stop thief," and several persons ran.
BENJAMIN LETTICE . I live within about a quarter of a mile of the place; about half-past six o'clock in the evening, I was passing the street, and saw the prisoner and another man talking together in the street Jones's house is in - which is Bevenden-street, they were about an hundred yards from Jones's house; I then went on - I am confident of the prisoner from having known him eight or nine years in the neighbourhood; I returned about a quarter of an hour or twenty minutes after seven o'clock; (Jones retails beer:) as I returned down the street, the prisoner followed me up very close - I stood and let him pass me, then I went to Jones's to have a glass of beer, that is sold at a back door which goes to the brewery; while there, in consequence of an alarm, I followed young Bowman out as he came and gave an alarm - I went to the front door, and saw a man just come out, and strike Mr. Bowman, and then I saw another come out - I saw the prisoner's hat fall off; the other man got away- I pursued the prisoner after he got from Bowman, and never lost sight of him till he got into the baker's shop - I there gave him into custody; he said,"I am not the man, I was only running as others were;" I said, I was positive he was the man who came out of the house, and that I knew him before, and could not be mistaken - he had no hat on at the baker's.
Cross-examined. Q. Several others were running at the time? A. Yes; perhaps a dozen.
BENJAMIN LLOYD . I am a baker. On Sunday, the 29th of September, a little before eight o'clock, a mob of people burst into my shop door, the prisoner was one of them; he had not hat on - I did not know him before; he asked me to let him out at my back door - he could not have got into any street without scaling the walls; I made no reply, and he did not go; I found a policeman at my door - he came in, and secured the prisoner, and took him away; at a quarter after eleven o'clock on the same night, I found a red silk handkerchief concealed between two empty sacks on the top of a full one in my shop - I had seen the prisoner standing there for about a moment; there were six table spoons in the handkerchief, and three castor tops - I took them to the station-house, and left them in the custody of the policeman, No. 21.
Cross-examined. Q. Was the upper sack empty? A. The two were empty - there were seven sacks, and these two were placed on a full sack; they were merely put there out of the way.
JAMES GLIBBERY (policeman N 21). On Sunday, the 29th of September, Ewen brought me a hat and a shirt; he marked them - when the prisoner was brought to the station-house he had no hat - I tried the hat on him; it fitted him; he denied it being his; and said his was a silk hat - Lloyd came to the station-house between eleven and twelve o'clock that night, and gave me five metal spoons, two silver cruet-tops, and a silver mustard-spoon, wrapped in a red silk handkerchief.
SARAH HARLOW . I am a widow ; I occupy three rooms in Mr. Thomas Jones's house - I have a separate entrance to them - the house is in the parish of St. Leonard, Shoreditch - Jones also lives in the house - I went out that Sunday evening at a quarter after six to a place of worship - I left nobody in the apartments, nor any light in the house; I shut the door - my apartments are separated from Jones's - I locked the street-door; it is a common street-door lock - I let myself out at the front street-door, and the door was shut after me - I can go into Jones's apartments from my house; this key was left inside the lock; there is no latch key - when I went away I left every thing in order in my apartments - I returned at twenty minutes before nine o'clock; I went into my parlour; the door was open and one table drawer was taken out and laid on the ground; I am sure it was not on the ground when I went out; there were nothing but books in it - I went into the bed-room and found some of my wearing apparel on the floor; I found the bottom drawer broken open and drawn nearly out - two celaret drawers were broken open in the parlour, and from one was taken five metal spoons, a silver mustard spoon, and two silver tops off the cruet stands, and a pair of silver salt spoons; that was all I missed that night - on Tuesday, the 1st of October, a policeman came to me with a canvas bag with keys in it, which I knew to be my property; I had not missed the keys before; they had been in the bottom drawer, which was broken open - I know them to be mine; there are between twenty or thirty keys - I had some ancient coins in that drawer.
Cross-examined. Q. You went out from Mr. Jones's? A. I went from my own street-door; the lock fastens when I shut it; it is a spring lock - I found no marks of violence on it - it is a large common lock - I am not quite positive that the key was in it; it might, or might not be; if it was in, it could be shoved out.
COURT. Q. Are you certain you pulled the door too after you? A. I am positive I did, and pushed against it to see if it was fast.
PHILIP REGNARD . On Monday morning I picked up a canvas bag just before the railings of the church-yard, about ten minutes after seven o'clock; it was St. John's, Hoxton New Church; I believe it is all in one parish - I opened the bag, and found it contained a number of keys, with the name of Lane, marked, on the bag; there are about thirty-one of them - as soon as I came home from work, knowing Mr. Kemp the policeman, I went and told him, and gave them to him.
SARAH HARLOW. The bag of keys were marked by me.
GEORGE KEMP. I am a policeman. I received the bag of keys from Regnard; I shewed them to Mrs. Harlow, who claimed them; I have had them ever since - the parish is all one though there are three churches in it.
Prisoner's Defence. They are quite mistaken in the person; it was not me.
GUILTY - DEATH . Aged 22.
1409. THOMAS KNIGHT was indicted for that he, at the delivery of the King's goal of Newgate, holden for the county of Middlesex. at Justice Hall, in the Old Bailey, on Thursday. the 13th of September, 8th George IV., before Anthony Brown, Esq., Mayor of the city of London; Sir Stephen Gaselee , Knt.; John Vaughan , Esq.; John Ansley , Esq.; Sir Charles Flower , Bart.; John Thomas Thorpe, Esq.; aldermen of the said city; Newman Knowlys , Esq., Recorder of the said city, Matthew Prime Lucas , Esq.; St. Julien Arabin, Serjeant at Law; and others their fellows; Justices of our said Lord, &c.; was in due from of law tried and convicted on a certain indictment against him, for stealing, at St. James', Clerkenwell, on the 10th of September, 8th George IV., 1 cloak, value 5l.; 2 coats, value 2l.; 6 handkerchiefs, value 6s.; 12 shirts, value 6l.; 5 pair of trousers, value 2l.; 8 pair of stockings, value 8s.; 3 jackets, value 10s.; 4 books, value 4s.; 1 portfolio, value 1s., and 1 trunk, value 10s., the goods of John Henry Haase , in the dwelling-house of William Adkins ; and he was thereupon ordered to be hanged by the neck until he was dead, but his Majesty having been pleased to extend his mercy unto him, upon condition of his being transported to New South Wales, or Van Dieman's Land, or some other islands adjacent, for his life, pursuant to the statute; and that he afterwards, to wit, on the 16th of September, 1833 , feloniously was at large without any lawful cause, within his Majesty's dominions (to wit) at St. Marylebone , before the expiration of the term for which he was ordered to be transported , against the statute, &c.
2ND COUNT, like the last, but omitting the Justices' names, indictment, and sentence of death, and extension of his Majesty's mercy; and stating that he was ordered to be transported to New South Wales, &c., as in the 1st count, and that he was afterwards feloniously at large.
MR. ADOLPHUS conducted the prosecution.
THOMAS PACE . I produce a certificate of the prisoner's conviction and judgment from Mr. Clark's office; I saw Mr. Clark sign it; (read) - on the 16th of September I saw the prisoner in the parish of St. Pancras, in Little Albany-mews, at work at a hackneyman's; he was at large - Limbrick was with me; I asked him his name; he said, Peter Thompson, or Thomas, I do not know which; I said, "Tom, do not you know me?" - I had known him before well for several years, at Westminster; he made no answer, and Limbrick and I brought him out of the stables into a public-house, and while we were handcuffing him at the public-house he said, "Pace, it is no use to deny it, I know what you want me for;" I said, we wanted him for returning from transportation before his time; he said, it was useless to deny it; he knew me and I knew him - we brought him away.
JOSEPH CADBY . I am a constable of St. James's, Clerkenwell. I was present when the prisoner was tried, and I took him - I am sure he is the man who was convicted of that felony - I have known him nearly all his life.
Prisoner's Defence (written). About six years ago I was convicted at the Old Bailey, and sentenced to be transported for life, when I was sent to New South Wales, at which place I arrived about five years and a half ago: when I got there I was taken into the service of Mr. Bodman, an auctioneer, resident there; I continued in his service only a few weeks, and after that time he gave me a little liberty, for this reason - as I was in my bed I was awakened by a noise in the back kitchen which was occasioned by two men breaking into his house, I got up and alarmed the master and the rest of the family; my master's clerk fired at one of the men out of the window, when they ran off, and were seen no more. In a few days afterwards I had occasion to go out upon some business for my master, when I was stopped by two men, who threatened to take my life away if they caught me going about after dark; when I returned I acquainted my master with it, and he told me he would see if something could not be done for me: on the Sunday following he gave me a new suit of clothes, and told me I might have a little liberty; I was afterwards persuaded by a friend to go on board of the New Zealand schooner bound for the River Thames, at New Zealand; when I got on board I went to work for the captain, who told me, if I would sail with him he would give me £3 current money, per month, which offer I accepted; when we were cleared out I answered to my name at the custom-house, and I considered that my master had done something for me, as there was no objection to my going away in the New Zealand. I was away from Sidney about seven weeks, when I returned with a cargo of flax and Indian corn. I remained at Sidney about thirteen days, and was paid off there; and then I joined the New Zealand schooner again, when we went to a place called the Bay of Islands, where the crew left her. When I left the schooner I went into the service of Mr. Fishwick, a settler of New Zealand; after I left the service of Mr. Fishwick I then shipped on board the ship Thetis, of London, sperm whaler, bound for the Coast of Japan, Captain Andrew Gray , to be discharged at the Sandwich Islands, by my own request; and I had an order upon Mr. Soames for my money; I then went into the service of Mr. Owen; I remained with him about eleven months, when leaving his service I had an offer to ship on board of the brig Alfred, which I accepted, as servant to Captain Loller , the brig being bound to the Society Islands, and from thence Valparaiso; on her passage to the Society Islands I was cast away at the Island Tippowhie when I remained with the natives, living with them for three months in a state of nakedness, as we were completely stripped by them; at length the missionaries' schooner came down to our assistance, and we remained with him, Mr. Pritchard, until we had freighted the brig Doll, and I went in her to Fee Gee, and to Manilla, and China, and there I got paid off. I remained in China about three months when I shipped on board the Tremont, of Boston, Captain Russell Sturgess, bound for England and from thence to Germany, there I remained, by my own request, about six weeks, and then I returned to England again, where I have remained ever since; and when the people took me into custody, they found me at work in the stable belonging to the master that I have been working for ever since I came home. I have always considered myself a freeman, as I was cleared out of the Customs and Police at Sidney twice, andGeorge the Fourth, promised to do all they could for me, and I supposed they had done so.
GUILTY - DEATH . Aged 28.
First Middlesex Jury, before Mr. Justice Park.
1410. SAMUEL JOHNSON was indicted for feloniously assaulting Mary Hunter , at Fulham , on the 6th of September , putting her in fear, and taking from her person, and against her will 1 reticule, value 6d.; 1 handkerchief, value 2s.; 1 piece of ribbon, value 6d.; 1 purse, value 6d.; 3 sovereigns; and 3 shillings, her property .
MARY HUNTER. I am single ; at the time in question I lived at Putney. On Friday, the 6th of September, I was in the Bishop's-walk, Fulham, walking there, about four o'clock in the afternoon - Miss Grant was with me; I felt my reticule pulled, it was in my hand, and the strings were fastened round two fingers; I felt somebody pulling it - I and Miss Grant were close together; I turned round and saw two men, one of whom was pulling my bag; he broke the string and got the bag - it contained a purse with three sovereigns, and some silver, a pocket handkerchief, and a green ribbon; the other man was very near the man who pulled my reticule, it was so firmly twisted round my fingers; it did not come off directly; I did not pull it against him; I was very much alarmed - I cannot say whether the other man pulled at it; I did not see; I do not know the person of the man; it was a red purse.
JESSE GRANT . I was walking with Miss Hunter in the Bishop's-walk, and saw the reticule in her hand; I felt her pull my arm - I looked round and saw a man pulling her bag - I should not know him again - I saw the other man; he was very near us; they appeared in company - I had observed them together in the walk before, lying on the bank of the river, outside the trees, as we were coming into the Bishop's-walk - I cannot speak to the prisoner; they had not spoken to us; I have seen a purse since.
ANN BUNCE . I live at Fulham. I was working in a field near the Bishop's-walk, on the day in question, and saw two men running in a place called Devil's-lane, which leads out of the Bishop's-walk to the Putney-road; I was near enough to see them when they first ran - the prisoner was one of them; I did not know him before - I am quite sure of him; he was about half a mile from the gate of the bishop's palace - it is a lane which comes right into the main road, across Fulham-fields - I am quite sure the prisoner was one - it was exactly at half-past four o'clock; I had seen him twice before that day - he pulled his hat off his head, and put his hand into his hat, and he gave the tall man some money; I was not near enough to see the money, but I heard it - I saw no bag - I saw nothing more of him.
Cross-examined by MR. PHILLIPS. Q. Were you in a field? A. Yes; there was nothing between the field and the road - I was near the path; there was a hedge to the field - the Devil's-lane is a good distance from Bishop's-walk, upwards of half a mile - Bishop's-walk leads into Devil's-lane; it is close by.
COURT. Q. Was the hedge so high as to prevent your seeing him? A. I was not on the side the hedge was on.
EDWARD PRIOR . I live in Fulham. On the 6th of September I was at Mr. Steel's, about four o'clock, and saw two men come out of Devil's-alley running, about twenty yards from me - I did not look at their faces - I cannot tell who they were - after they had been running they stopped; the little one pulled off his hat, and gave the big one some money; I did not then look at their faces; I cannot tell who it was - the little one snatched a red purse away from the tall one; I did not see whether any money was taken out of a purse - after the short one snatched the purse, he put his hand into his hat, pulled out some money, and put it into the purse, then put it into his hat and ran on - I had seen them once before in the morning of that day, up by Mr. Steel's - I am sure they were the same men; it was about eleven o'clock in the morning - I cannot say whether the prisoner was one of them or not.
Cross-examined. Q. Is the last witness your mother? A. No - we were gathering beans together, she stood up and looked at them as we were going along - she was two or three yards from me - I was about twenty yards from the men - their backs were towards me, and she was following me - their backs were towards her.
COURT. Q. It was quite light? A. Yes.
WILLIAM FULLER (policeman). On the 6th of September, at ten o'clock at night - I took up the prisoner at Brompton - I searched him at the watch-house, and found on his person a piece of green ribbon, which I produced at Queen-square Office, and have here - he had three half-crowns and a sixpence, and five pence in copper - a small box of snuff, and a tailor's thimble - one of our serjeants found a reticule which he gave me - he is sick and unable to attend.
Cross-examined. Q. That is not the prosecutrix's reticule? A. No.
MARY HUNTER . There was a yard and a half of ribbon in the reticule I lost - I went to the same shop on my return and got more from the same piece I believe - I asked for the same, but the shopkeeper is not here.
Cross-examined. Q. Have you measured this piece? A. Yes - it is not above three quarters of a yard.
NOT GUILTY .
1411. SAMUEL JOHNSON was again indicted for feloniously assaulting Grace Sugden , on the 6th of September , at St. Mary Abbott's Kensington , and putting her in fear, and taking from her person and against her will; 1 reticule, value 6d.; 4 shillings; and 4 sixpences, her property .
GRACE SUGDEN. I am a widow , and live at Old Brompton. On the 6th of September I was returning home between nine and ten o'clock, when a man passed me very close - it was near the church - it was not moonlight; but sufficiently light for me to see his face - there was a lamp by the church where he first passed me; he passed me and turned round and looked at me - he was going the road I was going to take up to Old Brompton - he crossed to the public-house, but did not enter the house - he went up the Old Brompton road, on the left hand side of the way by the wall - I walked to the public-house - and I did not like to stop
Q. Did it require force to pull it from you? A. Yes, he broke the string - he took my shawl off, and parasol and knocked me down on the ground, and ran off - he took them altogether - he did not knock me down first - when he took the shawl he pushed me down, and ran off towards town. I saw him again directly after - my shawl and parasol were returned to me by somebody, and I saw my reticule at Queen-square, next morning.
Cross-examined by MR. PHILLIPS. Q. This "knock down" was a push, was it not? A. I don't know what you call a push - he threw me down with his hand - he did not give me a blow - the reticule, shawl, and parasol all went from me - somebody picked up the shawl, and parasol, and gave them to me - my shawl was pinned.
Q. When you saw him at the police-office, did you not at first refuse to swear to him? A. I hesitated to swear on account of the disagreeableness of going through this unpleasantness, not that I doubted whether he was the man - I did not tell the magistrate I doubted whether he was the man.
Q. Did not the magistrate give you a quarter of an hour to make up your mind? A. No - I hesitated, but not so long as a quarter of an hour - perhaps it was ten minutes - nobody but my own relatives whispered to me.
COURT. Q. What did they whisper? A. If I was certain he was the man to say so, and I was certain of him - I did not say to the best of my belief - I said he was the man - I am certain he is the man.
MR. PHILLIPS. Q. Did you not say in the hearing of a gentleman, "I say it is now to the best of my belief?" A. I am certain he is the man - what I swore at the office was not read over to me - I signed some paper - that signature is mine (looking at it), I was not asked if it was corect it was read over at the prisoner's desire and I heard it.
COURT. Q. What sort of a lamp was there in the place where the attack was made on you? A. It was at the entrance of the Old Brompton-road - there was a gas lamp on the right hand side - there was a lamp on Brompton Chapel, and one just beyond the Grammar School - the lamp was about ten feet from where I and the prisoner were together.
RICHARD COPELAND . I live close to Brompton-square. On the 6th of September, about ten o'clock at night - I was at my own house, and heard a very loud talking of several people across the road - I went across the road to see what was the matter, and heard something like a scuffling; I went up and heard a cry of "Stop thief" - I saw the prisoner struggling with a tall gentleman - I laid hold of him - Mrs. Sugden was thirty or forty yards off - the prisoner caught hold of me and threw me down, but I kept my hold till a policeman came up, and I delivered him to him; somebody said in his hearing "Lay hold of him - he has been knocking a lady down, and robbing her"- I did not see him searched; Fuller was the constable.
Cross-examined. Q. Had you been drinking that night? A. No, I was quite sober; I was not abusing him on the road - I did not use any expression to him which the policeman checked.
WILLIAM FULLER (policeman). I went up on the night in question, when the last witness was knocked down by the prisoner about ten o'clock at night - Copeland was doing nothing wrong; the prisoner was struggling with him, and he said, "I give this fellow in charge for knocking a lady down and robbing her" - the prisoner protested his innocence - I took him to Mrs. Sugden, and asked her if she could identify him as the man who knocked her down, and robbed her - she pointed to him, and said, "That is the man; you know you villain, you did it?" I took him to the watch-house, searched him, and found on him three half-crowns, and a piece of green ribbon, a tailor's thimble and a small box of snuff which he said was thirty-six - I went to the spot where Mrs. Sugden was robbed, to look about, but it was too dark as the lamp did not afford light enough to discover anything on the ground, there were marks of scuffling on that spot, but the dirt had covered over anything which might be there - I went in the morning as soon as it was light, which was near five o'clock, and found a steel purse, two half-crowns, one shilling, a piece of black ribbon, for a reticule apparently, and a pair of gloves.
Cross-examined. Q. Is that the reticule you produced in the last case? A. Yes; it belongs to this case - the constable who found the black reticule which I have is sick, but I saw him find it over in a garden - his name is Terence Martin - I went to the spot, but found nothing that night - I did not look for any thing that night, but I saw footmarks of scuffling which must have covered the things over - the dust was kicked up, and had gone over the purse - the lamp gave a very good light - it was about twenty yards from the spot - it was a dark night.
JOHN CHAPMAN . I am a plumber, and live near this place - I was going home at ten o'clock at night - on the 6th of September, I was by the Grapes, and went in I heard a scuffle - I went out, a gentleman said,"For God's sake go and help your neighbour, a man has him down," I saw the prisoner and Mr. Copeland scuffling - I went to him - I saw Mrs. Sugden, she pointed out where she was robbed; I searched about that place, and found a red silk purse, and a pocket handkerchief - I have them here.
Prisoner's Defence. I was going on my way home, and I have two witnesses subpoened to prove I was in a public-house.
THOMAS MOORE . I am a labourer. I have known the prisoner five or six years - I was in the tap-room when he came in, at the Admiral Keppel , Fulham-road, about five or ten minutes after nine o'clock; I will say five minutes after nine o'clock - he called for a pint of porter - he did not sit down - he changed his porter for a pint of half-and-half - he drank it, and went out, but where I don't know, and
Prisoner. It wanted five minutes to ten o'clock when I went into the house - I asked Moore what it was o'clock- I called for half-and-half; I drank it; bid them good night; said I was going home; Moore said "Where is your home?" I said, it was about three miles, and I am going it in about ten minutes, well I started off down the road, and a gentleman accosted me - the gentleman who gave me in charge, and said, I had robbed a lady; that gentleman is not here, and Copeland goes by the words the gentlemen told him.
GUILTY - DEATH . Aged 18.
First Middlesex Jury, before Mr. Baron Vaughan.
1412. HENRY JAMES GRAVES was indicted for feloniously breaking and entering the dwelling-house of Charlotte Graves , on the 17th of September , at St. Luke, and stealing therein 1 coat, value 2l.; 1 waistcoat, value 5s.; 1 pair of trousers, value 10s., and 1 hat, value 14s., the goods of Richard Flook .
RICHARD FLOOK . I am a hair-dresser , and live at No. 32, Radnor-street, St. Luke . The house belongs to Charlotte Graves; the prisoner is her son - I lodged on the first floor - on Tuesday, about five o'clock in the afternoon, I left the house; I do not know the day of the month; it was last Tuesday three weeks - I left the rooms both locked; the key of the parlour hung on a nail in my bed-room; I locked both the doors - the bed-room was locked, but the key left in it; I am sure I left it locked - I left property in the room; I returned at twelve o'clock at night, and the next morning I missed my hat, coat, trousers, and waistcoat, out of the parlour from a trunk - I had not gone into the parlour the night before; they were safe when I went out, and I left the prisoner in the house, in his mother's rooms - the value of the property is 4l.; the duplicates of the property were given to me by Gilbody the witness - I went to the pawnbroker's and saw the property - I had locked the parlour door, and left the key in the bed-room, and locked the bed-room door, but left the key in it.
WILLIAM GILBODY . I live in Radnor-street, in the same house. I occupy the back room on the second floor- on the evening of the robbery, the prisoner came up to my room between eight and nine o'clock, and asked me to give him a light; it was Tuesday evening - I gave him a light, and he soon afterwards left the house; I heard him go down stairs in a hurry, and he left the house - on the Wednesday morning Flook gave me information and I afterwards met the prisoner accidentally in Bunhill-row (on the Tuesday week), and asked what he had done with Flook's things - he said he had pawned them - I neither threatened nor made him any promise; I told him I had heard Flook say he would not care provided he could get his duplicates or his property - he said he had pawned them; he did not say where, but he gave me the duplicates, and I gave them to Flook.
Prisoner. Q. Did you not know I was going to take them before I did it? A. Certainly not; or I should have stopped him.
Prisoner. I told you an hour and a half before; you were on the stairs, and held the light, and was to answer the door if there was a knock Witness. It is false, I was at my work in my own room - if I had known it I should have stopped him.
Q. Did you not tell me if I gave back the tickets, my mother would get them out? A. I had heard her say if she could get the duplicates she would not care.
JOHN VARLEY . I am shopman to Robert Reeves , pawnbroker, Redcross-street. I produce a coat, trousers, waistcoat and hat, pawned by the prisoner on the 17th of September, in the evening - the hat was redeemed on the 18th; I do not know who by, but the prisoner pawned it again on the 19th - I advanced 15s. on the clothes, and 5s. on the hat - I am quite sure of him.
JOHN SHEPHERD (policeman). In consequence of information, I apprehended the prisoner in Old-street, St. Luke's, on the 24th of September, I took him to the station-house, and gave information to Flook, who gave me the duplicates.
RICHARD FLOOK. These are my property.
GUILTY - DEATH . Aged 18.
First Middlesex Jury, before Mr. Justice Park.
1413. JAMES ISAACS was indicted for feloniously breaking and entering the dwelling-house of James Parker , on the 12th of September , at St. Matthew, Bethnal-green, and stealing therein 1 coat, value 4s.; 1 waistcoat, value 2s.; 1 pair of trousers, value 4s., and 1 violin, value 5l., his property .
JAMES PARKER. I am a bricklayer , and live in James-street, in the parish of St. Matthew, Bethnal-green . I am the housekeeper; I went out on Thursday, the 12th of September, between five and six o'clock in the morning, and left my wife at home - between six and seven o'clock in the evening, I left my work and called at my mother's, and my wife was there; I went from there to my club, and on leaving my club, I met my wife, and we both went home - when I got home I found the front door locked as usual, and on going through the house to the back premises, I found the back door unbolted and ajar - I made no further inquiry that night; the back door opens into my own yard - next morning I went to my work, and on returning, between seven and eight o'clock, my wife was up stairs; she gave me information, and I examined, and missed a coat, waistcoat, and trousers, a violin, and some more things - the prisoner has worked for me at different times, and so has Rayner - I was in debt to them nearly 9s. between them on the day of the robbery; they both came to me the day after the robbery and asked for money - they were both still working for me - I told them I would pay them as soon as I returned from breakfast, having no money with me - I had not at that time missed my goods; when I returned from breakfast they were gone - I did not see them any more till they were in custody; they never came back to ask for their money - I made inquiry after them directly, suspecting them - I have since seen my things.
Cross-examined by MR. CLARKSON. Q. You say they
Q. Are you sure you never was asked by the prisoner before for his wages? A. Not for the whole of it; I always paid him what he asked, but it was his father's particular wish I should not pay him his wages, for he never brought any money home - I was the only person who would employ him, and he agreed before his father to work, and I was to pay him on Saturday night, but he said he had no means of getting victuals - I said,"Suppose I go with you to your father, and I will pay all that is coming to you" - on the day before, he came to a boy, and gave him money to work for him, saying, he could live much easier than by work - Rayner has been in my employ two or three months, at different times.
ANN PARKER . I am the prosecutor's wife. I went out to my mother's on Thursday, between five and six o'clock in the evening - I am sure I fastened the back-door; I bolted it inside and went out at the front-door, locking it - I am confident I left the back-door bolted and the premises all fastened - I did not miss the property until the next morning - my husband works about half a mile from the house - the prisoner did not work at the dwelling-house; it is across the fields.
EDWARD RAYNER . I work for Mr. Parker. The prisoner and I worked together on Thursday, the 12th of September, at Mr. Parker's - I went away from my work at six o'clock in the evening, and after working, I and the prisoner went to a cook's shop, and as I was sitting down to get my supper, Isaacs said to me, "Mr. and Mrs. Parker are out; there is a gift, will you go?" - I told him no I would not go - he did not say what I was to go for; I did not know what he meant by a gift - no person joined us on that occasion - after that, he said he had been up in the room on Tuesday night and got a coat - a person named Alburn came past the cook's shop while we were there; he looked in at the door, and Isaacs went out and spoke to him - Isaacs came in again, and told me to make haste and eat my supper, and go along with him - I consented to go - me, Isaacs, and Alburn went - there is a place called Globe-lane chapel; it is twenty or thirty yards from Parker's house - when we got there the prisoner told me to wait there to see if Mr. or Mrs. Parker came out of the house they were in - that house was not twenty or thirty yards from the chapel - if I saw either of them come out, I was to go to the end of Mr. Parker's street, and Isaacs said he would be there- if I saw them come out, I was to go and tell him, and if not I was to go in twenty minutes time against Bethnalgreen church, which is about five minutes walk from Parker's house - Isaacs said he would be at Bethnal-green church in twenty minutes - I waited twenty minutes; I did not see Parker, or his wife come out - I went to Bethnalgreen church, and saw Isaacs, and he gave me a waistcoat - he did not give me anything else; he told me to go and pawn it - it was just dusk - I pawned it; I don't know the name; it was the first pawnbroker's - he pointed with his hinger and told me where to go - I pawned it with the witness Rubey for 1s., in the name of Smith I think - I came out and offered the money to Isaacs: he told me I might keep it, and he gave me another shilling going along - he said nothing then - a minute or two after this Alburn came up and told me how Isaacs got in at the window; the prisoner was present; he did not say how they got out again - he said it was Parker's up-stairs window and they had got into with a ladder - Isaacs abused Alburn for telling me how he got in; after that I heard Isaacs say he had laid the plan before and let it be to watch an opportunity of Mr. and Mrs. Parker's being out.
Cross-examined by MR. CLARKSON. Q. Pray how long had you worked for Parker? A. Two months; the prisoner had worked with me, on and off, I don't rightly know how long; I think about six weeks off and on - he very seldom worked for a week together - I don't think he ever did three or four days together - Mr. Parker is a man we could get no wages of; he owes me some now- the prisoner had not applied from time to time for his wages; he owed him some - the prisoner was in want of victuals sometimes, as he told me - I have known him for a day together without being able to get any - he has told me two or three days he could not get any - I have known him without a meal for two or three days - I don't know whether Parker knew that he was without victuals during that time - he had asked Parker for money and told him he was starving; I heard him ask Mr. Parker; but Parker did not have the money at present to give him: he said when he got some he would give him some - that has not occurred more than once; that was about a week before the robbery - he was represented that the reason he asked for the money was to buy victuals - Parker has told him frequently that he had not money, but when he had he would give him some - I was myself in want one or two days before; I was without victuals at that time; Parker was in my debt - I went three or four Saturday nights; he was not able to give it me; he gave me 6d. one Saturday night; 1s. on another - he owed me for three or four weeks - I was almost starving for want of victuals, and not able to get money to buy it.
Q. Did not the prisoner tell you he could not live without victuals, that he was kept starving, and his master would not pay him, at the time he said he had planned this? A. No; he had represented it before; the coat was taken, on the Tuesday preceding - the waistcoat was not a very good one - I have often heard Parker say his father had told him, if he did not give him the money, he should not have any victuals at home - I will undertake to swear that Parker has been without the means of giving it to him, and could not pay - Alburn was working there, and he was half starved as well; he was not at work at that time - my father is living; I had made no arrangement
COURT. Q. On the night of the robbery, when you were at supper, had the prisoner been eating supper? A. Yes, with the 8d. that was left at dinner-time.
EDWARD RUBEY . I am a pawnbroker, and live at No. 2, Bethnal-green-road. On the 12th of September, a waistcoat was pawned with me for 1s.; I have it here - I have some slight recollection of the last witness pawning it; he pawned it in the name of William Jones, not Smith - there was a pair of trousers pawned with me; not the same night, nor by either of these boys that I know of.
Cross-examined. Q. What do you think the value of the waistcoat? A. 2s. the utmost.
JOSEPH BOWEN . I am shopman to Mr. Taylor. I remember on Thursday night, the 12th of September, a violin and bow being pawned at our shop; I don't remember who by, it appeared a bricklayer's labourer between twenty-two and twenty-three years old, I should think.
EDWARD RAYNER. Alburn is about my age; I am seventeen years old.
JOSEPH BOWEN. He appeared much older than that.
JOSEPH BOWEN. I lent 4s. on it; I produce it.
Cross-examined. Q. What is the value of it in your judgment? A. My master valued it at about £2; the man was about the appearance of Parker.
WILLIAM HOMER (policeman.) I took Rayner in charge on Sunday morning, between twelve and one o'clock - the Sunday after the robbery; the 15th of September; in bringing him to the station-house, he said, "It was not me, it was Isaacs;" I did not take the prisoner.
JOHN GEORGE (policeman). I apprehended the prisoner on the 28th of September, close by the Mansion-house; I had been looking for him before - I was on the opposite side of the way; I crossed over and said, "Isaacs, I suppose you know I want you;" he stopped directly, and said, "Ah, but you can't take me in the city;" I told him I did not want any bother with him, if he would not come quiet I would call a city officer, and then he went with me; we walked along together, and he told me he did not think I should have had him that morning; he then pulled a small knife out of his pocket, and asked if I thought that would go against him; we still walked on, and he presently said, "Do you think I shall get fourteen years?"
COURT to PARKER. Q. Is there the least pretence for supposing you pawned the violin yourself? A. Oh dear, no.
The prisoner made no defence.
GUILTY - DEATH . Aged 21.
First Middlesex Jury, before Mr. Baron Vaughan.
1414. ALFRED GREEN , FRANCIS MARRYATT and JAMES WOOD were indicted for feloniously breaking and entering the dwelling house of Isaac Unwin , on the 8th of September , at St. Dunstan Stebonheath, alias Stepney, and stealing therein, 30 snuff-boxes, value 30s.; and 3 china tobacco pipes, value 8s., his goods .
ISAAC UNWIN . I am a tobacconist , and live at No. 3, Artichoke-place, Mile-end-road, in the parish of Stepney ; I fastened my premises up at eleven o'clock at night on the 7th of September; I fastened the windows with an iron bar across them, and a bolt and screws, and the shop door was bolted with two bolts; this was all in front of the house; I was disturbed a little before five o'clock in the morning by a loud knocking at the shop door - the police alarmed me; I got up immediately - I looked out of window, and two policemen told me the shop was broken open; I went down stairs immediately, and found the door fastened as I had left it, and perceived the window shutter had been forced on one side about a foot, and a square of glass either cut or broken - the whole pane was broken - it was a large sash pane; I perceived all the snuff-boxes and cigar cases which could be reached, were gone - I am sure the window was sound and whole when I went to bed; I missed a few china tobacco pipes; the police had taken two men to the station-house at Bow.
Cross-examined by MR. PHILLIPS. Q. Do you reside in the house yourself? A. Yes; I keep no maid servant or shopman; my wife and myself live in the house; I shut up the shop myself - I have no partner.
ROBERT SAUNDERS . I was on duty at Mile-end, as a policeman, on Sunday morning, the 8th of September, and observed about four o'clock the three prisoners; Marryatt was standing at the prosecutor's window, with the shutter slipped on one side; it had been forced on one side over the other one - Wood was standing by the side of him taking things from Marryatt, and Green was standing on the other side of him; Wood seemed more towards the curb, looking out; there was plenty of light shone on the house, but I was standing in the shade of the wall - I saw it distinctly; Wood at last perceived me, as I suppose, and they moved off up the road on the same side a few yards, when they came to the grating of a drain; I saw Wood and Marryatt step over the grating, they seemed putting things down the grating and trampling on the things with their feet; I then moved across towards them; Marryatt and Wood were on the grating, and Green a little further down the road; I immediately went across towards them, and after a sharp run for a few yards, I laid hold of two of them - Green was the first who ran; they all three ran at a pretty sharp pace for a few yards - I laid hold of Wood and Marryatt, and Green was then standing under a gas lamp at a very short distance from us - sergeant Harrington came up and laid hold of Marryatt from me; I then pulled out my rattle and sprung it; another officer came up, and I saw Green run off - I pointed to him, and the other officer followed him up the road; he was taken to Mile-end station-house - I found him there in about a quarter of an hour; I found two snuff-boxes on Wood, and one in his breast coat pocket; and on the place where Green stood, I picked up two or three more snuff-boxes, and a cigar case; and on the grating, I found this piece of broken china pipe;
Cross-examined by MR. PHILLIPS. Q. Was anybody else present when Wood was searched? A. Yes; I never had any quarrel with either of the prisoners - not the slightest; I never had any transaction with them, except when on duty.
Cross-examined by Mr. ARNOLD. Q. You were standing in the dark shade of the wall? A. Yes; I was the width of the road from them - not exactly opposite them, but within a very few yards of being opposite; it was less than an hundred yards - I will swear it was not seventy yards; I did not measure it; Wood and Green stood with their faces towards me - I did not stay long to look at them - perhaps it might be two or three minutes - it was about as much as a minute, but then, mind, I never lost sight of them - it was Green said, that he had got into a mess; I did not say I believed he said so - I said, he said so.
COURT. Q. Have you any doubt he said so? A. I have not.
Marryatt. Q. When you conveyed me and another to the station-house, how many boxes were produced there? A. Three; I saw three taken from Wood - two were in his coat pocket, and one in his breast coat pocket; I cannot say how many were put down on the paper as being taken from Wood by the night officer - I did not put it down; only one was taken from you, the prosecutor could not identify it, and it was given back to you.
Q. Do you think this one is it? A. I think it is - I did not search you at all.
HENRY HARRINGTON (policeman). I followed my brother-officer - it was about five o'clock - I saw three men at the shop window; in front of the shop window - I kept my eye on two of them, they walked away very fast - I never lost sight of Marryatt and Wood till they were taken into custody - I don't know anything about Green - immediately after they were taken, on the way to the station-house, I saw Wood drop this box from his left hand; Marryatt directly said, "I am all right, you will find nothing on me;" and just before we got to the station-house, Marryatt said, "We are hard up," or words to that effect - immediately after they were taken, I brought them back close to the house - I observed the shutter pulled out, and forced on one side - a pane of glass was broken; I noticed the window inside, it was lined with paper, and it was cleared as far as a hand could go in.
Cross-examined by MR. PHILLIPS. Q. Did you see Wood searched? A. I did; I saw one or two boxes found on him; I am not positive whether there was anything else found on him - Saunders searched him - he attempted to drop two in the street - I cannot say whether it was a foggy night; it was not very dark - it was not dark.
COURT. Q. Was there any gas light? A. Yes, a pretty strong one.
Marryatt. Q. How did you know the robbery was being committed? A. I had information of it - I saw Mr. Unwin there - I was with Saunders when I saw this.
ISAAC UNWIN. These boxes are my property; I have no private mark on them; I have had them a long time in the house; I have had some of them ten years.
MR. PHILLIPS. Q. Did you buy them from any manufacturer? A. It was a long time since; there would be time for similar boxes to get into circulation.
COURT. Q. What is the price of them? A. I sometimes sell them for one shilling each; this one would be eightpence.
Green's Defence. I leave it entirely to my counsel.
Marryatt to HARRINGTON. Q. How many boxes were produced to the magistrate? A. I don't know; I produced all I found; I found none on you - there was a tin tobacco-box, which you said belonged to you, and the magistrate ordered you to have it again - I cannot tell how many boxes Saunders told the magistrate he found on Wood - he did not tell the magistrate to my knowledge that he saw you throw a box away - no property was found on you.
Wood's Defence. I leave it to my counsel.
Thomas Smith , weaver, No. 7, Spital-street, Mile-end; Abraham Goosey , silk weaver, No. 22, Spicer-street, Mile-end; James Reading , silk weaver, Hunt-street, Mile-end; William Savage , No. 23, Hunt-street, silk weaver; George Bennet , weaver, Fleet-street; and John Cushay , weaver, No. 16, White-street, gave the prisoner Wood a good character.
HENRY GREEN I am the prisoner Green's brother, and a weaver; I live in Camden-gardens, Bethnal-green-road; he came home about one o'clock in the morning of Saturday the 7th of September, and went out again at four o'clock in the morning.
COURT. Q. How far is your home from this place? A. I suppose about a mile - he has two aunts living two miles from Romford; he was frequently in the habit of going to see them on a Sunday.
GREEN - GUILTY - DEATH . Aged 35.
MARRYATT - GUILTY - DEATH . Aged 23.
WOOD - GUILTY - DEATH . Aged 22.
First Middlesex Jury, before Mr. Sergeant Arabin.
1415. JOSHUA WOODCOCK was indicted for feloniously breaking and entering the dwelling-house of Edward Waller , on the 13th of October , at Christ church, and stealing therein 3 gowns, value 20s.; 1 shawl, value 10s.; 1 cloak, value 8s.; 1 shift, value 3s.; 1 petticoat, value 1s.; and 1 table-cloth, value 5s.; his goods .
ANN WALLER . I am the wife of Edward Waller , of No. 8, Phoenix-street, Brick-lane, in the parish of Spitalfields . My husband rents the whole house - we let lodgings - we occupy the ground floor ourselves - the prisoner lives in the same house, with his mother, on the first floor, which is over my room; they have lodged there nearly five years - the prisoner is a chair polisher - on Sunday, the 13th of October, I went out in the afternoon about three o'clock, and returned about half-past eleven at night - I left the lodger on the second floor at home; the
EDWARD WALLER . On the 13th of October, I came home after my wife, and found the back casement window taken out and the shutter forced down, and the bar; the box broken open and property gone, and suspecting the prisoner, the policeman took him to the station-house, and there the policeman took his hat off and found a petticoat; a gown was found in the back room which was not there when we first searched - I rent the house, it is in the parish of Christchurch, Spitalfields.
GEORGE JOHNSON (policeman). I went to the house and took the prisoner into custody, in consequence of information from another officer; I took him to the station-house and found the petticoat in his hat.
JOSHUA HARCOMB . I am a policeman. I went to the prosecutor's house; they suspected the prisoner - I searched him in the room slightly, and found nothing on him, and at the station-house the petticoat was found - the prosecutor found a gown in the room and gave it to me; it was not there when I searched the room, I am positive.
ANN WALLER . This is my petticoat; it was secure in the box under the bed and locked up; this gown is mine, and the silk handkerchief; they were also in the box when I went out - I found the room door locked when I came home.
GUILTY - DEATH . Aged 21.
Recommended to Mercy by the Prosecutor on account of his aged mother .
OLD COURT. Thursday, October 17, 1833.
First Middlesex Jury, before Mr. Sergeant Arabin.
1416. SARAH HOLLINGTON was indicted for stealing, on the 9th of September , in St. Matthew, Bethnal-green , 5 sovereigns and 8 half-sovereigns, the monies of Robert Firmin , her master, in his dwelling-house , to which she pleaded
- GUILTY . Aged 15. - Transported for Life .
Before Mr. Justice Park.
NOT GUILTY .
1418. THOMAS BYWOOD was indicted for feloniously assaulting Jane Cook on the 26th of September , and putting her in fear, and taking from her person and against her will, 1 reticule, value 1s.; 4 pairs of worsted socks, value 1s.; 2 handkerchiefs, value 1s.; 1 pair of stays, value 1s.; 1 waistband, value 10d.; 1 purse, value 2d.; 1 half-sovereign; 4 half-crowns; and 8s.; her property .
JANE COOK. I am a widow , and live in Whitechapel; I live with my brother, Mr. Jones, who is in the shoe-line, and assist in his shop - on the 26th of September, at twenty minutes before ten o'clock in the evening, I was passing Webb-square, Shoreditch ; going home; I had a reticule, in which was four pair of worsted socks; one pair of child's stays; two muslin handkerchiefs; and one waistband; a half-sovereign; and I believe four half-crowns); there were some half-crowns, and shillings, and sixpences - the reticule hung on my arm by a ribbon, twice round my arm; it was rather a light night; there was no lamps at the end of the square where I was passing - I do not remember whether it was moonlight, but I believe it was; nobody was with me - as I was passing somebody ran up to me - he ran before me from the road; he came in front of me, and made two snatches at my bag, and at the second snatch the string broke, and he got it - he ran away, and I ran after him; he was not more than a minute in my view; I overtook him, and laid hold of him; I held him for a minute, and he gave me a blow in the cheek - the prisoner is in a different dress now; but I have no hesitation in saying that he is the man - he gave me a blow either with his elbow or his hand, I cannot say which, and ran away; I called Police, and Stop thief, and in about five minutes a policeman came up; he went in pursuit but did not take him - I heard he was taken next morning, by the policeman No. 104 - I have not seen any of my things since - I only saw the man for a minute when he first came up, and for a minute when he gave me the blow; I did not see his face the first time, as he held it on one side - I feel authorised in saying, I believe him to be the man; I was very much flurried - it was not a violent blow.
Prisoner, The name she gave at Worship-street, was Goodluck. Witness. I gave the name which has been over the door ever since I have been there, and persons have ever since called me Goodluck; we took the shop of Goodluck, and the name has never been altered; the magistrate asked me before I took my oath, and I gave the name as it was put down the night it happened, as I am more known by that name than my other; I have a certificate of my name with me - when I heard the name was wrong, I sent word up to the clerk at Worship-street, to alter it; the clerk at Hicks' Hall, altered it, and at Worship-street also.
Prisoner. When she was at Worship-street the second time, she said she was robbed in Webb-square; the first time she said she was in Shoreditch. Witness. I said it was passing Webb-square.
ANN COLLINS . I am a box-maker; I was standing at the door, and heard the call of Stop thief; I live at No. 23, Webb-square, Shoreditch, it was on the 26th of September, at rather better than half-past nine o'clock; nobody was with me; I saw this young man run across the square - the moon was shining; and after that I saw the policeman running past the door; I saw nothing more; I know it was this young man by the description the lady gave of
Prisoner. Q. Did you see my face? A. I saw him go by at six o'clock; I did not see his face when he went by about half-past nine o'clock.
SIMON KNIGHT (policeman). I took the prisoner into custody at one o'clock next morning in a privy; I was on duty in Webb-square; I found 3s. 6 1/2d. on him, nothing else; I had no conversation, but at the station-house, he said he went into the Golden Heart public-house, in Felix-street, at half-past eight o'clock - it is near Webb-square, about the length of the Old Bailey from it - he said nothing more - I found nothing else on him - I showed him to Cook next morning at the station-house - he was the only prisoner there - she fixed on him without hesitation.
EMILY LANGHAN . I live at the Golden Heart - I know nothing about this, only the time the prisoner came into the house, which was about ten o'clock; it might be a few minutes before, but very trifling if it was before ten o'clock; he stopped there till nearly twelve o'clock, until we closed - our doors were shut, and we were clearing out.
Prisoner. Q. Have you a clock? A. Yes, we have a clock in the bar - I noticed the clock when he came in, because several others came in with him; some of them staid all the time he remained, and some left - I was going out at the time; there were five or six of them came in, one after the other; they appeared connected together, and sat together - I did not know any of them before.
NOT GUILTY .
Before Mr. Baron Vaughan.
1419. JOSEPH WATSON was indicted for stealing, on the 25th of September , at St. James's, Westminster , 13 silver spoons, value 5l.; 1 pair of sugar tongs, value 10s.; 1 caddy ladle, value 5s.; 1 tea caddy, value 30s.; 6 sheets, value 2l.; 5 dresses, value 2l.; 1 counterpane, value 5s.; 6 pillow cases, value 10s.; 4 shirts, value 30s.; and 12 napkins, value 18s., the goods of Thomas Carter , in his dwelling-house .
THOMAS CARTER. I am a tailor , and live in Berwick-street, St. James's ; I rent the house. On the 25th of September, between five and seven o'clock in the evening, I missed two large silver table spoons, eleven silver tea spoons, a pair of sugar tongs, and a caddy ladle; I had not seen them that day myself - I made a search, and found the child's bed stripped of its sheets, and counterpane; two chests of drawers in the same room had also been stripped - I missed a variety of articles, worth nearly 30l. - the prisoner had no business in my house; I do not think he was in the habit of frequenting it.
Cross-examined by MR. CHURCHILL. Q. Had you seen any of the articles shortly before they were missed? A. I saw the child's bed that day - I had not seen the spoons for some days - they were kept in a chest of drawers in our bed-room.
JOHN ANDREW SIMPSON . I am a pawnbroker, and live in Long-acre. On the 25th of September, the prisoner came to my shop, between seven and eight o'clock in the evening, to pledge some plate for 50s. - he produced two table spoons, eleven tea spoons, and a caddy ladle; these are them - five or six of them have the initials S. W. on them - they are pawned in the name of Joseph Watson - I had no previous knowledge of him - I am quite sure he is the man.
Cross-examined. Q. You never saw him before? A. Never; he was about five minutes in the shop - the gaslight was burning - he gave his address 4, Broad-street, Bloomsbury, which is his father's address I believe.
DAVID PERRYMAN . I am a pawnbroker, and live in Compton-street, Soho. The prisoner came to my shop on the 25th of September - he pawned a pair of sugar tongs for 6s. in the name of John Smith, Wardour-street, lodger - I am certain of him.
Cross-examined. Q. Is there any single article of the value of 5l.? A. Not one; I saw the drawers full in the morning, but not to notice any article in particular.
COURT. Q. Who had the care of it? A. My wife locked it up; no force was used to the lock, that I am aware of - the value of the whole plate I have found is about 5l. together.
MR. CHURCHILL. Q. How did you become acquainted where you could find the things? A. The prisoner himself gave the officer information; I was not present - two other persons were in custody; Mrs. Riddington and a lad who had carried a bundle - the prisoner made no statement in my presence - I know his relations are very respectable - he was a total stranger to me - the other two persons were discharged - I had not seen any of the plate perhaps for weeks before - the officer who took him was not bound over.
Henry Yates , tailor, 43, Broad-street, Golden-square; Mary Williams ; James Watson , 4, Little Marlborough-street; William Parkhurst , ostrich feather manufacturer; and Frederick Williams , Printer, 41, Broad-street, Golden-square, gave the prisoner a good character.
GUILTY of stealing to the value of 99s. only - Aged 18.
Recommended to Mercy by the Prosecutor.
1420. JOSEPH WATSON was again indicted for stealing, on the 28th of December , 1 minature painting, value 4s.; 1 profile, value 3s.; 1 pair of scales, value 18d. ; the goods of John Palmer ; to which he pleaded
GUILTY . Aged 18. Confined One Year .
Before Mr. Justice Park.
1421. JOHN WILSON was indicted for stealing, on the 3rd of September , 1 cruet stand, value 4l. 10s.; 3 cruet stoppers, value 10s.; 1 spoon, value 4s.; and 1 mustard glass, value 2s. 6d., the goods of Joseph Hoare Bradshaw , in his dwelling-house .
Joseph Hoare Bradshaw , of Hornsey - these things were in my care; I put them on the sideboard about one o'clock, on the 3rd of September; there was a silver cruet stand with three silver tops - the cruet stand and stoppers were taken away, and the mustard pot, which was tipped with silver; the glasses were left - I was at dinner in the kitchen when Mrs. Bradshaw gave an alarm that the house was robbed; I went up stairs, and ran across the lawn into the road, and followed in the way she directed, and saw the prisoner stooping down, throwing something into a ditch on the road to Muswell-hill; when I got to the place I found it was hearth stones, shoes, and stockings which he had thrown into the ditch - I pursued after him, and met Shepherd, who was tried last Sessions, in the custody of Turton; Shephered had got the property - the prisoner was pointed out to me by Turton - I pursued after him, took him, and gave him in charge - I found nothing on him - he asked what I wanted; I said, if he would come back with me I would tell him - I took him to Shepherd, and he said he never saw Shephered before.
WILLIAM TURTON . I am groom to Mr. Call, of Hornsey - I saw the prisoner with Shepheard, opposite Mr. Bradshaw's house, sitting on a chair, about half-past one o'clock in the day - I saw Shephered pull off his shoes and stockings - the prisoner took the shoes under his arm, and the stockings in his hand, and walked away with them over the New River bridge, which is about forty yards from Mr. Bradshaw's house, and there he stood watching for Shepherd, who I saw go into the house - Shepherd came out and I took him directly he passed the prisoner over the bridge; he did not give him anything - I did not see him speak to the prisoner - I took him about a hundred yards over the bridge - the prisoner walked gently away when I took Shepherd, the same way as Shephered went, and I took him also - all the property was found on Shepherd.
Prisoner's Defence. I am a tailor; I worked at No. 16, Charles-street, Commercial-road; I was sent down to Mr. Ghrimes, at Hornsey, to fetch a coat which wanted altering - it was about half-past one o'clock - I was very wet and stood under the trees for shelter about ten minutes; and as I was going away after the coat, Shepherd ran past me - there was a cry of Stop thief; I stood close at hand while the prisoner was pursued - Turton jumped over the paling, a groom on the road pursued Shepherd, and he was brought back - the servant came and pursued me, and brought me back, and told me he believed I was concerned; I immediately went back with him, and Shephered was on the New River bridge; they asked if he knew me; he said, no, he never saw me with his eyes before.
WILLIAM TURTON . Shepherd said in my presence at Worship-street, that he did not know the prisoner - the prisoner was present: but he was not going to Mr. Ghrimes, that is false, because he was going the contrary way.(Property produced and sworn to.)
NOT GUILTY .
First London Jury, before Mr. Recorder.
1422. JOSEPH PARISH was indicted for stealing, on the 21st of September , 1 watch, value 6l.; 1 seal, value 3s.; 1 watch key, value 6d.; 2 split rings, value 5s.; 1 watch ribbon value 6d., and part of a watch guard, value 1d., the goods of Daniel Cookson , from his person .
SAMUEL JAMES VAUGHAN . I live at No. 23, Great Leonard-street, Shoreditch. On Saturday evening, the 21st of September, a few minutes before nine o'clock, I was in Lower Thames-street , and saw the prisoner put his arms on Mr. Cookson's shoulder; he then walked up St. Mary's-hill, through Cross-lane, St. Dunstan's-alley, into Tower-street, and the superintendent took him into custody in Tower-street.
Cross-examined by MR. CLARKSON. Q. Are you in any service or business? A. No; I had been over the water, and was coming home - I lived in Butcher-row, Ratcliff-highway then; that is about half a mile from Thames-street - I lived with my mother and father there; I had been at home that day - I had been to my grandmother's, and was coming home; it was ten minutes before nine o'clock at night - I never saw the prisoner before; I was before the Lord Mayor - there is a man named Barnes here; he was not with me, but he spoke to me about the robbery - I met him there; it was darkish - I saw nothing taken from the prosecutor.
Q. Why not go up to the gentleman and tell him what you had seen? A. Because he was coaxing him along - there was about twenty or thirty persons there; there had been a fight; I stood and looked at it - there was a mob, perhaps about a dozen persons were round the gentlemen; the prisoner was the innermost of them; he was behind the gentleman - there were a great many about him - I was coming down Thames-street, and so were they; I overtook them; the prisoner was the nearest, and he had his arm on his shoulder - I was looking at the gentlemen; I got before them - I was in the road walking along; they were not quite sober - one was quite sober, and the other was not - the gentleman who was sober is not here; the sober gentleman was the companion of the drunken one; he was much nearer to the prosecutor than I was - he had hold of his arm; he did not see the watch taken out; he had a much better opportunity of seeing what passed than I had - he did not go to St. Mary's-hill; they stopped, and then the prisoner went away - I followed him up St. Mary's-hill; he walked, and I followed him, because I was told by Barnes that he had stolen a watch - I said, "Let us follow him," and we did; there was no constable in Thames-street; I did not see one - when he was given in charge there was another man by the side of him; he was about the same height as the prisoner - I saw him run away after the prisoner was taken into custody; I heard the prisoner call out to him to stop; I think he called Bill - I saw them both there from the beginning of the transaction.
WILLIAM BARNES . I was in Thames-street, on the 21st, and saw the prisoner take the watch away from Mr. Cookson; he had hold of Mr. Cookson with his left arm, and took the watch with his right hand; then walked along Thames-street, up St. Mary's-hill, into Tower-street - I spoke to Vaughan, and we followed the prisoner; he was given into custody in Tower-street, by
Cross-examined. Q. Where had you been? A. I lodge almost opposite where it happened - I was not in any service at the time; I am out of service - I saw a mob in the street and went out - I think Vaughan had as good an opportunity of seeing all that passed; I have been out of service about three months, but get sixpence now and then with steam-boats, and doing little jobs - I did not get any thing for this - I have been in the service of the Earl of Litchfield - I left him a few months ago.
DANIEL COOKSON . On the evening of the 21st of September, I was in Thames-street, a little before nine o'clock, in company with another gentleman - we met two porters carrying logs on their shoulders, which they would have brought in contact with our heads, had we not raised our arms, and pushed them aside - on doing that they became abusive, and a number of persons came round us - somebody at the same time crying out, "Go it, go it" - a regular attack was made on us; we were struck by various men, and I received blows both before and on the back part of my head, and so did the gentleman with me - we were both knocked down and thrown down, and had no opportunity of seeing any transaction concerning the watch; we had enough to do to take care of ourselves - I recollect somebody having hold of me, and saying, "Go along, go along;" I lost my watch, but did not miss it till I was free of the crowd - I was about leaving London; I had taken leave of some friends, and had drank freely, and it took effect on me more than I expected - I had not drank a great deal, but it had impaired my recollection - John Thompson produced my watch before the Lord Mayor; it was a silver watch, with a ribbon, seal, key, and gold ring, and a guard which was broken; part of it had been left, part was gone - the ring of the chain remained.
Cross-examined. Q. Then the watch must have been taken from you with some degree of violence? A. The guard was very slender, and very little force would break it - I recollect the attack that was made, and I felt the blows severely next day - my friend is not here; he was not called on to give evidence; he knows nothing about it; he had enough to do to take care of himself in the row- the attack was made on us in Lower Thames-street.
Q. Was your recollection so impaired that your being knocked down might be all imagination? A. I could not have my clothes soiled as they were, without being in the dirt - I was knocked down and recollect it perfectly - it was directly I got up that I heard a man cry "Go it" - I do not know whether the watch was taken before I was down or after; I did not miss it till I searched to see if I had lost any thing; as soon as we got clear of the crowd - we went into a house there; I do not recollect whether it was a very large crowd - there were more likely ten than one hundred persons - the gentleman who was with me accidentally heard a man was taken, and he went to the station-house and identified the watch.
JOHN BLOW . I am an officer. On the night of the 21st of September, I was in Tower-street about ten minutes before nine o'clock; Vaughan and Barnes came to me and asked if I was on duty; I said Yes, he pointed to the prisoner, and said he had robbed a gentleman of his watch - I asked if he was certain he had done it; he said, "I am certain, and he has got the property on him" - I directly stepped behind him collared him, and said, "I want you;" he said, "What do you want of me, I have done nothing;" he directly called to somebody across the road twice, who was dressed in a fustian jacket, and I think fustian trousers, and that person made his escape directly - I took the prisoner towards the watch-house, and about ten yards from the watch-house I knew him, and thought he was going to strike me in the face; I saw his hand rise, and he thrust it into his side pocket; I seized his hand and kept it in his pocket, and took him to the watch-house; and there Thompson said, "Joe, what are you here for?" he said,"I don't know what it is for, unless it is for this," handing this watch forwards - this is the watch.
Cross-examined. Q. Did he point out a man? A. Yes; he called to him twice - he did not describe the man's dress; I saw it myself - he did not say to me, or in my hearing, that that man had handed him the watch a minute or two before to look at, to see if he would buy it - I have known him as a waterman three or four years; I cannot speak to his character one way or the other.
COURT. Q. In what manner did he call out to the man who went away? A. I think he called "Jem," twice, but I am not quite certain that was the name, he was on one side of the way, and the man on the other, and the second time he called to him he made his escape as quick as he could - I think he said, "Jem, here Jem, stop."
JOHN THOMPSON. I am constable of the night of Tower-ward watch-house. I produce the watch which the prisoner gave into my hands - I questioned him, knowing him personally - I said, "Halloo Joe, what are you brought here for?" he said, "I don't know, without it is for this;" he put his hand into his jacket pocket, and pulled out a watch and put it into my hand - I asked how he came by it; he said he had met a man on St. Maryat-hill, who asked him to purchase the watch - I asked if he knew who the man was, or how he came in possession of it; he said he knew the man slightly, but could not describe him to me; but he had no doubt he should be able to find out who it was - I detained him; and about ten o'clock a gentleman, a friend of Cookson's, came to the watch-house - I saw Cookson the following morning, and he claimed the watch.
Cross-examined. Q. Have not you known him about twelve years? A. Yes; I never knew or heard anything wrong of him before; he has lived about the neighbourhood for the last ten or twelve years - Blow the inspector had hold of him by the hand, holding his hand in his jacket pocket.
DANIEL COOKSON. This is my watch, and seal, and key.
Prisoner's Defence. I have nothing more to say - I leave myself entirely in the hands of the gentlemen; they have told the truth as far as I know.
Alexander Mitchell , surveyor of the Thames police; George Heath , an owner of boats, 7, Strand-lane; Thomas Wright , Martin's-lane, Cannon-street; Edward King , Swan-lane; Benjamin Lewis , waterman and lighterman, Bermondsey; and George
JURY to VAUGHAN. Q. You followed the prisoner with Barnes, from Thames-street, to Tower-street; on the way did you see the prisoner converse with anybody? A. When he got to Tower-street, I heard him say to the man, "I wish they may go home safe" - I had not seen that man in Thames-street that I recollect - he was not near enough to the man to receive anything from him; he walked before him, and not near enough to hand the watch to him.
GUILTY. Aged 47. - Transported for Seven Years .
Strongly recommended to Mercy by the Prosecutor and Jury on account of his good character .
EDMUND ANDREW SALSBURY . I live at No. 71, Holborn-bridge. On the night of the 9th of September, I was walking on Holborn-hill about half-past eight o'clock, and felt a snatch at my pocket; it was a strong pull, I instantly turned round, and saw the prisoner with my handkerchief in his hand - I endeavoured to get it from him, but he had two companions with him they kept my hand up and passed it from one to the other - I laid hold of the prisoner, took him into a shop and a watchman was sent for - I did not get my handkerchief again - I am sure it was my handkerchief I saw in his hand.
Prisoner's Defence (written). I beg leave to inform you I left off work at a quarter-past eight o'clock, to go home: and as I came through Union-court, Holborn, on my way home, my prosecutor accosted me, and took me into custody, charging me with picking his pocket of his pocket-handkerchief; I was taken into Mr. Wilson's until he fetched a watchman who took me to the watch-house, where I was immediately searched, and nothing found on me; on the following morning I was taken to Guildhall, before the sitting Alderman, where my prosecutor stated his case; there being several people passing and repassing at the same time my prosecutor has acknowledged he did not observe me in particular from any other person following of him. My Lord and Gentlemen of the Jury, I most humbly submit my case to your humane consideration, and throw myself on the mercy of the court.
GUILTY . Aged 19. - Transported for Seven Years .
1424. JOHN WALLIS was indicted for stealing on the 6th of September 2 rings, value 30s.; 1 seal, value 10s.; 2 watch-key, value 4s.; 1 split ring, value 2s.; 1 breast pin, value 5s.; 1 handkerchief, value 2s.; and 2 sovereigns , the goods of Christopher Haw .
CHRISTOPHER HAW . On the evening of the 6th of September, I was at Bartholomew-fair, near Richardson's booth, and saw the prisoner there, he spoke to me, and described the characters to me in the booth - I thought he spoke in the broad Yorkshire dialect: he asked me to walk round the fair with him, which I did - he showed me the different booths, and when he came to Giltspur-street, he pointed to a second floor window of a coffee-shop, and wanted me to go in, as he said, he had had neither dinner nor tea - I did not go in with him, we came on to Newgate, and he pointed to another coffee-shop, and wanted me to go in - I said I was not in the habit of going to such places - he complained of wanting tea - I said,"Come home to my lodging, and I will give you some tea;" I took him to my lodging in Tower Royal ; I called for tea - Miss Pickering brought the tea in about a quarter of an hour; it was taken away afterwards, and in a very few minutes Mrs. Pickering said a gentleman had called for me to go to Vauxhall with him, and she had shown him into the parlour - I went down and spoke to him for about twenty minutes - he then said he would call again in a quarter of an hour to go with me - when I returned to my room I found the prisoner on the sofa; I called to Miss Pickering to bring candles in; I went to the bureau, and opened the drawer were my keys were, and missed two sovereigns, one ring which I had left on the table, two keys, one seal, a handkerchief, and breast pin - the pin had been on the table in my bed room which communicates with the bed room by folding doors, which are always open; I missed the other things from the bureau - the prisoner had his hat on and said he was going; I accused him of taking them; he said if I did so, he would knock me down; I called out "Thief;" he tried to get from me on the stairs, but I held him on the stairs - I afterwards saw him searched by a constable, who only found a pocket handkerchief on him; one ring the prisoner gave into my hands in the presence of a witness, and the other ring was found by the staircase window where I held him - the sovereigns were tucked into the bed, which he could do in going by the door.
Cross-examined by MR. ADOLPHUS. Q. How long had you been in town before this? A. I came to town in June; I was in the employ of Fpy and Curtis, of Thames-street - I am not so now; I left them on the Saturday before this happened - I had never seen the prisoner before; he spoke to me and described the characters to me; I did not tread on his toe and beg his pardon - he began to talk to me, and described the characters, and asked me to walk round and see the shows, and I went; when he pointed to the coffee shop and wished me to go in, I said I was not used to go to such places - and that is true, I never go to such places - I have done it at times, but never do it promiscuously - I have not been to more than two, since I have been in London; the pin was found in his breast, where it would naturally be if it was his; the ring was found in his pocket, the handkerchief was found in his coat pocket; I never took a stranger to my lodging and left him alone for twenty-five minutes before - I have lodged there since the 2nd of July; I did not say to him, "I have a friend coming, be so good as to go;" he was on the sofa when I returned to the room - the sofa stood on the opposite side of the room - I had walked with him all this way; I had not pressed him to go home with me - he went of his own accord; he went to Queen-street - he complained then of being hungry, and I said I would give him some tea if he came to my lodging - it did not occur to me that it would be better to give him tea at a coffee shop; I am a Yorkshireman; I knew we should be quite private at my lodging - I have no wife or children; I noticed my bureau, and missed the things after I returned up stairs -
Q. When Mrs. Pickering was called for, did he charge you with taking indecent liberties with him? A. He did; there was no truth in that - I never had such a thing happen to me before - I have been in St. James's park many times; I was once accosted there by a gentleman; I had stopped in Sloane-square and took supper one Sunday evening, that was not with a stranger - as I returned, I was coming along, they told me I could not get out of the park except by the monument - I was going along there, and a gentleman came up and spoke to me, and wanted to take my arm; I said I was not in the habit of talking to people I did not know, and begged him to keep his distance, or I should give him in charge; and when we came to the steps, he went away from me; I did not give him in charge, he left me; that was some weeks before I was at Bartholomew fair - this happened at ten o'clock at night.
Q. But at the fair you walked round with a stranger and heard his explanation of things? A. Yes; I took him home to tea because he said he was a Yorkshireman, and was hungry - I did not ask his name - I am doing no business now; I have not a fortune, but I have enough to support me at the present time - my employers and I did not agree - they did not turn me away - I did not desire to go; since that, I have been doing nothing - I have been living at Hampstead occasionally; I did not ask the prisoner what part of Yorkshire he came from - he asked me what part I came from; I said, "The north;" he said his grandfather was a Scotchman, and he a Yorkshireman.
Q. When Miss Pickering came into the room, did you desire her to shut the window shutters? A. Yes, when she brought the candles - (it was half-past six o'clock, or nearly seven o'clock, when my friend called) - that was after I had been down to my friend; he was gone then; he was to call again in a quarter of an hour, and he came again; but I did not go to Vauxhall - the prisoner made this charge against me immediately anybody came that he could make it to.
COURT. Q. How long had you been up in the room when you called Mrs. Pickering? A. I should think five minutes the very uttermost.
MR. ADOLPHUS. Q. Were you in the habit of wearing that ring? A. Yes; one ring, with a red stone in it, I wore that very day; that was the ring found on the prisoner; the other was found by the staircase window.
COURT. Q. Did you have it on your finger at the fair? A. Yes; I took it off in the room at the table; he asked me to allow him to look at it, as he never had one on his finger; and I left it on the table when I was called down - when I returned to my room, I went to get the key of the cupboard, to get a bottle of spirits; I was going to give him some spirits, and I missed the key; and I accused him of robbing me, as I missed two sovereigns, a seal, and a ring - the key of the place where the spirits were was in the bureau drawer, where the other things were; and on going to get the key, I missed the things; I said, "I have been robbed since I have been down stairs," and he must have robbed me; he said, if I said so, he would knock me down; and I opened the door, and called out to Mrs. Pickering, "Thief, and a bad character;" and he pushed by me towards the stairs, I caught hold of him, he got hold of my handkerchief and dragged me along - I suppose tea was about a quarter of an hour getting ready, and we were about a quarter of an hour having it, and it was about half an hour before my friend called.
EDWARD HERRING . My brother lives directly opposite Mrs. Pickering; she called my attention to her house between seven and eight o'clock I think; I went in directly - I found somebody standing in the passage; I took a light from her, and went up stairs; and on the landing I saw the prosecutor and prisoner struggling; the prisoner was trying to get away, the prosecutor had hold of him, and appeared very much exhausted; he said the prisoner had robbed him - the prisoner said, if I would go up stairs he would explain all to me; he went up, the prosecutor followed him, and I followed him - when we got up the prosecutor accused him of robbing him of two sovereigns, and two or three rings - the prisoner said he had given the rings and things to him for taking a liberty with him - he was charged with taking sovereigns; he said he had not got any sovereigns, and knew nothing about them - I found the pin in his shirt; I took it out myself; he was endeavouring to take it out, I assisted him; - I either took it from his hand or his shirt, and gave it to the prosecutor; and he took the ring out of his waistcoat-pocket himself, it had a red stone in it - I saw a sovereign found just at the head of the bed, going out at the bed-room door; it dropped from the head of the bed - and one on the bed clothes, just by the bolster and pillow - the sovereigns were found in a situation a person could have placed them in going out of the room - the head of the bed is on the right-hand side of the door, and close to the door; anybody passing might take and put them there.
Cross-examined. Q. You found them struggling together? A. Yes; from my observation I supposed the prisoner was endeavouring to get away - I don't know whether there is a door leading to the staircase or not, from the front room; I think there is; and if so, and that door was not locked, he could get out without going by the bed- one sovereign dropped from the bed clothes or pillow, one dropped on the floor, and the other was looked for and found just under the bolster; they might have been put there in a hurry, and one not so far as the other - the red stone ring was found in the prisoner's pocket, the pin in his breast, and one ring on the staircase window - the prosecutor might as well have placed it there as the prisoner, if he had it in his hand - the prisoner described the offence that he charged the prosecutor with in very plain terms - I went for an officer - I knew nothing of the prosecutor before.
COURT. Q. How did you get into the room? A. Through the bed-room door - the prisoner and prosecutor went through the same door - I should not think the prisoner had time to place the sovereigns there at that time; the bed was near enough for him to do it; his left hand must almost have touched it - when I first saw him he was about half way down the stairs close to the window - I should not think he could have put the rings there while the scuffle occurred - the staircase was not very wide; his
JOHN HENRY HERRING . I am the nephew of Edward Herring . My attention was drawn to Mrs. Pickering's - I found my uncle there - the prosecutor accused the prisoner of robbing him; the prisoner immediately replied, that he had the things given him for taking improper liberties with him - I found the ring on the window of the stairs, and I found the two sovereigns; the ring was placed close against the edge of the sill of the window - another person was standing by at the time I found the sovereigns; they appeared to have been put there very hastily; one fell down, and the other would have fallen I have no doubt - I went into the room through the bed-room, the door of which was open.
Cross-examined. Q. You went in with the last witness I suppose? A. No; I don't suppose he had been there long - I found him standing just inside the room door; one sovereign dropped from the bed, the other was a small distance from the bolster; I did not notice whether the staircase window was up or down, it had a large sill.
SUSANNAH PICKERING . The prosecutor, Mr. Haw, lodged at our house from July, and lodges there now; he goes backwards and forwards to Hampstead two or three times a week, but keeps on his lodging - I recollect the time of this affair - the prosecutor and the prisoner passed the parlour window; Mr. Haw went up stairs with him, and came down and said, "I will thank you to make tea for two;" I sent out for a small loaf, and the tea was ready in about a quarter of an hour - my daughter took it up; a young man afterwards called to see Mr. Haw; I went up to tell Mr. Haw a gentleman wanted him in the parlour; he said, "Let the gentleman come up;" I said, there was a light in the parlour - and my daughter had shewn him in there; the prisoner was then on the sofa, and he rose from the sofa and went towards the window, which was half open at that time - the prisoner was laying on the sofa with his hand over his head at the time I went up, and the window on the side of the sofa was open, it was opposite the door; Mr. Haw, said, "Let the gentleman come up;" I said, "There is a light in the parlour;" I waited there to let Mr. Haw pass, and I went into the kitchen and said to my daughter,"Take up a light to Mr. Haw's friend;" she said, "Oh no, not till Mr. Haw goes up;" and I said no more about it; after Mr. Haw's friend went out, my daughter followed him up stairs with the candle, and brought the tea things away; and Mr. Haw came down and said, "Miss Pickering, come and shut in the windows;" she turned back and shut them down, and came down; and immediately I sat down in my chair, I heard a tremendous hallooing - "Mrs. Pickering - a thief - a bad character;" I went out, and Mr. Haw had the prisoner holding him on the stairs; I ran out at the door, and called, "a thief, a thief;" and the witnesses came; I followed my daughter who was quite motionless - I took her into the next house - I then considered as eight or ten run into my house, that my property was all exposed; I went up to my own bed room and found it all safe - I came down, the prisoner stood at the top of the stairs; I was much alarmed; he said, "I will not hurt you;" they got him into the parlour, and requested me to leave the room while they searched him; I said,"Mr. Haw, what could induce you to bring a thief into the house;" the prisoner said, "I am not a thief, I am as respectable as you, and my friends are as respectable as your's;" the prisoner said, "You don't mean to give me in charge;" I then went out of the room, and I saw him on the top of the stairs again, when I came into the house with my daughter.
Cross-examined. Q. Did the prosecutor state at that time what he had lost? A. I don't know, for I was too much flurried; I lost nothing - nothing was done to my apartments; I had not observed the ring on Mr. Haw's finger that morning, that I remember, but the morning before - he had been very poorly for a fortnight, and staid at home a good deal.
- PICKERING. I have heard my mother's evidence; it is correct as far as I know.
MR. ADOLPHUS. Q. The prosecutor desired you to shut the window, and bring candles? A. Yes.
COURT. Q. How soon after he desired that, did you hear the alarm given; was it directly after? A. Not more than two minutes I should think.
RICHARD GEORGE STATHAM . I am an officer; I live in Watling-street; I went to the assistance of the parties at a quarter before eight o'clock; the prosecutor charged the prisoner with robbing him of two sovereigns - I was searching him for them, and the prosecutor brought forward the seal and two keys, and shortly after he gave me a ring and key; and after that, a third person brought me a second ring - the prisoner said, "If you will come in, I will tell you all about it; I have not robbed the man at all - he is a scoundrel for accusing me of any such thing - he gave them to me for an indecent liberty which he took with me; when I said I would raise the neighbourhood and give him into custody - he said, 'Don't do so for God's sake, take these things and say nothing about it;'" one sovereign was tucked into the bolster; a person going out could not place them there unless the door was shut, because the door opens against the bedstead - folding doors open from the bed room to the sitting room - I found the handkerchief in the prisoner's pocket - the prisoner said, "He touched me on the thigh and said, what an old handkerchief you have got, I can give you a better than that;" and gave it to him; he said his parents were as respectable as his - a person, before they opened the bed room door to go out, would certainly be able to place the sovereigns there - the sofa is in the front room; if a person passed from the sofa through the bed room, and out at the bed room door, they could put them there before the door was open, but not in any other way.
Cross-examined. Q. Is there a door to the sitting room? A. Certainly there is, facing the stair-case; I went in at the bed room door and passed through the folding doors - I found no other door open; no door was locked; while I searched the prisoner, they were searching for the sovereigns; the prosecutor was among the persons; one dropped from the bolster, and the other was taken from the blankets under the bolster.
CHRISTOPHER HAW . These are my property - I believe Henry Herring found the sovereigns - I did not find any of the articles - the bed-room door opens from the bed - Mr. Statham is quite mistaken, it opens from the bed; it opens into the passage.
SUSANNAH PICKERING . The bed-room door opens into the passage out on the stairs, not into the bed-room - the folding doors are always open; I don't think they were ever shut while Haw lived there - it was usual to go through the bed-room door to the bed-room; but sometimes the door has been left open, and the doors meet each other - I cannot say which door the prisoner came out of - they were struggling at the bend of the staircase; Mr. Haw was calling out, "Shut the door, he will make his escape; I am overpowered."
Prisoner. I am entirely innocent of what is laid to my charge.
Isaac Cowper , Lewisham-street, Queen-square; John Icken , wine merchant. College-street, Tower-royal; Jabez Ayton , chemist and druggist, 82, Margaret-street, Bagnigge-wells-road; Henry Harrison , carver and gilder, 2, Davis-place, Chelsea, and Peter Ballard , surgeon, 3, Davis-place, Chelsea, gave the prisoner a good character.
NOT GUILTY .
THOMAS LEWIS . I am shopman to William Burchett , of Cheapside , boot and shoe maker . On the night of the 10th of October, I saw the prisoner come in at the shopdoor, he put his hand down on the shelf and took up a pair of Clarence boots and made off with them out of the door - I hallooed out, and pursued him, calling, "Stop thief" - I overtook him at the corner of Old Change; he fell down, and threw the boots down, I took up one and the patrol the other.
THOMAS RIVERS . I am a patrol of Aldersgate-ward. I heard the cry of "Stop thief," and saw the prisoner running in the middle of the road; I pursued him; he fell near Old Change, and the boots fell down; the young man took up one, and I the other, and secured him - I am sure they fell from him.
Prisoner. In consequence of indisposition, I am deprived of working at my profession; and by that means brought to distress, which induced me to commit the crime - I throw myself on the mercy of the Court.
GUILTY . Aged 51. - Confined Six Months .
CHARLES WILKINSON . On the 7th of September, I was walking along Old Jewry about a quarter after five o'clock, and heard somebody call out, and on turning round they were calling for me; I went up - the officer asked if I had lost anything; I said not - he produced a handkerchief, and asked if it was mine; I said, "If so, it has a particular mark in the centre;" and when it was produced I knew it to be mine by that mark - I had not felt it taken.
GEORGE HENRY ROE . I live in Air-street, Piccadilly. About a quarter after five o'clock, I was coming up Old Jewry, and saw the prisoner and another following the prosecutor - I saw the prisoner take the handkerchief from the prosecutor's pocket - he turned back; I collared and charged him with the theft - he denied it, and threw it into the kennel; I took it up.
Prisoner. He said I put it into my flap before. Witness. He tried to conceal it at first in the flap of his trousers, as it appeared to me.
ABRAHAM HAM . I am an officer and live at No. 4, Lighthorn-court, Bell-alley. I was standing at the end of Coleman-street, and heard a noise in the Old Jewry; I ran up and saw Roe holding the prisoner - he said he had picked a gentleman's pocket - I received the handkerchief from him, and went after the prosecutor, and asked him of he had lost a handkerchief - he was not conscious of it at the time - he said it had a cross in the middle of it, and claimed it.(Property produced and sworn to.)
Prisoner. I throw myself on the mercy of the Court; it is the first offence I have been guilty of.
GUILTY . Aged 22. - Confined Three Months .
NEW COURT. Thursday, October 17, 1833.
Third Middlesex Jury, before Mr. Common Sergeant.
1427. RICHARD THOMPSON was indicted for stealing, on the 4th of October , 1 silver spoon, value 14s.; the goods of Thomas Ragless , and that he had been before convicted of felony ; to which he pleaded
GUILTY . Aged 23 - Transported for Fourteen Years .
1428. GEORGE KENNEY was indicted for stealing on the 5th of September , 1 coat, value 1l.; 1 waistcoat, value 7s.; and 1 pair of trousers, value 1l. ; the goods of Catherine Foxwell , to which he pleaded
GUILTY . Aged 21 - Transported for Seven Years .
GUILTY . Aged 22 - Confined Six Months .
Robert Carr - I had seen the oil-cloth safe an hour before.
Cross-examined by MR. CHURCHILL. Q. Has your master any partner? A. No - the prisoner made no resistance.
ROBERT CARR . I was a police-officer: on the day stated I was in my shop, I heard a cry of "Stop thief;" I went out and saw the prisoner running - I went and took him; when I got him to the end of Drury-court, a man directed me to the prosecutor's shop - I received this oil-cloth.
Cross-examined. Q. Did he appear sober? A. Yes, perfectly.
GUILTY . Aged 18 - Recommended to Mercy by the Jury and Prosecutor. - Judgment Respited .
The prosecutor did not appear.
NOT GUILTY .
JAMES HOLLAND. I am a cheesemonger, and live at No. 107, Drury-lane; on the 10th of September, the prisoner came to my shop and brought a large bundle of paper, which he offered for sale - it was tied up in a green baize; I asked where he got it, he said it was given him by a person in Chancery-lane, but I do not remember the name he mentioned - I examined it and found it was lawyer's papers, and the address on part of them was Sutcliffe and Birch, which was not the name he mentioned, I told him I did not think it was right, and I would send a person with him, - he began to murmur about that and said he would take it somewhere else; I then called in the policeman - this is part of the paper; he bought about 60lbs in all, worth about ten-shillings.
MR. ROBERT BIRCH . I am in partner ship with Mr. John Knapp Sutcliffe, we live in New Bridge-street - we had our house repaired three or four months ago, our papers were then removed from the office to a closet down stairs - these are a part of them; they were in a green baize - the closet was open - I cannot tell when I had seen these but we missed a great deal of paper.
Prisoner's Defence. I was going to get some red herrings and saw these papers in St. Paul's Church-yard; I asked the coachmen who they belonged to; they said they did not know but they had been there two days, and if I took them, I might sell them, and I did.
JAMES HOLLAND. The papers were quite clean.
GUILTY . Aged 19 - Transported for Seven Years .
JAMES MOTT . I am shopman to Mr. David Cameron, a pawnbroker , No. 318, Strand : on the 9th of September, the prisoner came into the first box and placed a waistcoat on the counter to pawn - I was serving another customer at the time, I then turned towards where the prisoner had been, and missed him and the waistcoat; I then went to serve another customer, and while I was looking at that person's article, I heard the rattling of some money in the till, I turned and saw the prisoner leaning over the counter with one of his hands in the till and his other hand on the counter near the till; I caught hold of his hand which was in the till, there was nothing in that but in his other hand he had 9s. - I had taken money out of the till shortly before, there was a good deal of money in it, but I cannot say how much, nor what was missing then; but at night we missed 13s. - there was no other money found on the prisoner but the 9s. he would not let it go till we got an officer, and then he had a great difficulty to get it from him - he said it was his own - he seemed rather intoxicated - we found no other money about the place - there was about 200l. in the till in the morning.
Prisoner. Q. Did you catch my hand in the till? Witness. Yes, your right hand in the till, and the money in your left hand - I held your hand while I jumped over the counter.
Prisoner. Q. Did I not give it up as soon as you asked me? Witness. A. No, I had some trouble to get it from you; you would not open your hand till I pressed it, then you dropped 7s. and the other two remained in your hand.
Prisoner's Defence (written). I entered the shop of Mr. Cameron, pawnbroker, in the Strand, with 9s. in my hand, having not a minute before changed a half-sovereign at a liquor-shop; I went into the shop with the intention of pledging the waistcoat; I was stopped with the property of Mr. Ager. On entering the shop I hesitated in pawning the waistcoat; I had nine shillings in my left hand, and was considering whether I could not manage to do without pledging it - when the shopman turning round, said he had seen my hand in the till, and jumping over the counter immediately stopped me, and sent for a policeman to take me into custody. How is it possible I could have taken this money from the till when the shopman declares he caught my right hand in the till and the money was found in my left hand? besides it is not to be supposed that he seeing me would allow me to take 9s. without stopping me the moment I commenced. I again declare, so help me God, that I never had my hand in the till, and that the money found in my possession actually belonged to me; my intention on first entering the shop was to pledge the article I had with me, but on second thoughts I altered my mind.
1434. JOHN COMMERFORD was again indicted for stealing, on the 9th of September , 1 waistcoat, value 3s.; 1 tea caddy, value 2s.; 2 shifts, value 3s.; 1 handkerchief, value 2s.; and 1 apron, value 6d. , the goods of John Ager , to which he pleaded
Recommended to Mercy . - Confined Three Months .
1435. JOSEPH WARNER CORNICK was indicted for stealing, on the 6th of October , 1 pair of shoes, value 1s. 6d.; 3 horse-cloths, value 15s.; 1 jacket, value 10s., and 1 pocket-book, value 4d. , the goods of William Reaves .
WILLIAM REAVES . I am ostler at the Red Lion, at Southall . On the 6th of October, I went into the stable, and found the prisoner behind one of the corn-binns; we took him into the house and sent for the officer - this pocket-book was found on him, it is my property, and is worth fourpence: and on his feet were found my pair of shoes - these horse-cloths are mine; they were found at Shepherd's-bush; I had missed my shoes about six weeks before - I had missed the horse-cloths on the Friday before.
WILLIAM FAIR . I am a horse-patrol. On the Sunday evening I took the prisoner; I found on him this pocketbook, and a pair of shoes which he had on his feet, and I believe he has them on now - I asked him if he knew any thing of the horse-cloths; he said yes, and he could produce them, providing I would not take him before the magistrate - I gave him no answer nor made him any promise in any way - he said the next day that he had sold the horse-cloths to an ostler at Shepherd's-bush, for 4s.
Prisoner. When we were coming from the watch-house he said if I told him the truth where the cloths were, he would not take me before the Justice - he said so if I were now on my dying bed. Witness. No, I swear I did not; I made him no promise nor threat - I told him I was obliged to take him before the magistrate before I could discharge him.
JOHN FRY . I am ostler at the White Horse, at Shepherd's-bush. The prisoner called there, and had these cloths; I asked him if he was going to get any horses - he said he had these two horse-cloths which were of no use to him, and he would sell them; he opened them, and I asked what he wanted for them - he said 5s.; I gave him 4s. 6d. for them, and had them three days - there was no mark on them.
Prisoner. I went down by the waggon - he asked if I was going to fetch any horses, I said no; he ask if I had these cloths to sell; I said yes - I asked him 5s. for them - he offered me 2s. for them, then he offered me 4s., which I took.
GUILTY . Aged 25. - Transported for Seven Years .
1436. THOMAS SHAW was indicted for stealing, on the 7th of September , 50 pieces of printed music, value 5l., the goods of Sarah Dennis Goulding and another - and JAMES SHAW was indicted for feloniously receiving the same, well knowing them to be stolen .
THOMAS MACKINLAY . I am in the employ of Mrs. Sarah Dennis Goulding and another, of Soho-square - they are music-seller s - the prisoner Thomas Shaw is in the employ of Messrs. Longdon and Mills, music-sellers, of Bond-street; they are customers of ours - in consequence of what we heard we employed Ballard the officer to go to Thomas Shaw 's lodgings - some music was found there, but not the music stated in this indictment; we had not lost any that we could swear to - I found some pieces worth from 2s. to 6s. each.
Cross-examined by MR. CLARKSON. Q. Is it not the custom of your trade, that to certain customers you sell your music at half-price - to others at full price; to certain customers you sell at a price between the two, and to certain other persons you give it away? A. Yes; what we give away to professional persons, we generally,(but not always,) write their names upon - what we sell always goes out in the same state it is in the warehouse - it cannot be sworn to.
WILLIAM PROWSE . I am partner with Mr. Keith, in Cheapside. About six o'clock, on the 2nd of September, the prisoner James Shaw came and offered a parcel of music for sale; he wanted 25s. for it - he said there were between fifty and sixty pieces of music, but I did not count them - I asked him who he was selling them for; he said a Mr. Moore of Rathbone-place, who had bought this music in execution for rent, and that he himself lived at No. 10, Oxford-street - I told him I was not in the habit of buying music, and if he would call in an hour, the young man who bought it would be in the way - he objected to that, and said he had been paid 1s. or 1s. 6d. for bringing it down to me, and sooner than have any bother about it, he would take a sovereign for it, which I gave him - I then said my only motive for asking where he came from was to know that it was correct, and if so I should be happy to buy any quantity of him - he called four or five days afterwards, and offered another lot- we then then stopped him.
WILLIAM BALLARD . I am an officer. I went to the Compter, to James Shaw ; I told him I was an officer; that I was come to ask him some questions; that he might do as he pleased about answering me, but whether he did or not it would be given in evidence - I then said,"Where did you get the music you offered for sale in Cheapside?" - he said his brother gave it him at a public-house, at the corner of Rathbone-place, but he did not know where his brother lived - I afterwards went to Thomas Shaw , at Longdon's, in Bond-street - I asked him when he had seen his brother last; he said that morning, and he had given him some waste paper; I asked him if it was not printed music; he said it was, and he was to get 8s. for it - I was then speaking of the second lot - I then asked if he had ever given his brother any waste paper to sell for him before; he said "No" - I said, "Are you quite sure?" he said "Yes," and he added, "Speak low, do not let my master hear"- I said, "Why! did not your brother bring you the money for it?" he said, "Yes, he did; he brought me 18s." and again he told me to speak low - I said it was too late, I must speak out then; I then asked him where he got the music from; he said he had it given him at different places - I said, "Name one;" he then said there
NOT GUILTY .
THOMAS MACKINLAY . I am in the service of Mrs. Goulding. I went with Ballard the officer to the prisoner's lodgings, where we found these six pieces of music; they had all been published at our shop, and this one had been only published a few days - I lost this or one like it; we sell it for 6s.; 1 value it at 1s.
Cross-examined by MR. CLARKSON. Q. Have you any means of knowing how many of this you had sold but by your books? A. No; the books are not here- I cannot tell whether this one had been sold, but we lost one of them.
WILLIAM BALLARD . I went to the prisoner's lodgings on the 7th of September; I found this music there - I went and took him at his master's in Bond-street; I asked if he had any music at his lodgings; he said yes, but he did not know the name of it - I asked if he would know it if he saw it; he said, "Yes" - I then showed him this piece, and asked where he got it; he said, "I took it off the counter at Goulding's."
Cross-examined. Q. Did he not say it was by mistake? A. It might be at that moment that he said so - I cannot say it was not.
NOT GUILTY .
JOHN HOLLIER . I am in the employ of Mr. Thomas Preston , of Dean-street, Soho ; he is a music-seller ; these two music books are his publishing, but we never missed them; I know nothing of the prisoner.
Cross-examined by MR. CLARKSON. Q. Have you not sold a great many like these? A. Yes, these might have been sold.
WILLIAM BALLARD. I found these books at the prisoner's lodging - I showed them to him at his master's, and asked if they came from Mrs. Goulding? he said he took them from Preston's in Dean-street, and they stuck together.
Cross-examined. Q. Did you not ask whether he paid for them? A. No; I spread these books and the other music, all before him.
NOT GUILTY .
1439. HENRY MILLS and ANN MILLS were indicted for stealing, on the 27th of September , 2 sheets, value 2s.; 2 blankets, value 2s.; 2 pillows, value 2s.; 2 pillow cases, value 1s.; 2 saucepans, value 1s. 6d.; 1 pair of bellows, value 1s.; 1 pail, value 1s. 6d.; and 1 quilt, value 1s. 6d. , the goods of Henry Hacker .
LYDIA HACKER . I am the wife of Henry Hacker , we live in Old Nichol-street, Bethnal-green - about seventeen or eighteen months ago Ann Mills came to our house and hired a lodging, and the other prisoner came in the evening; they left about six weeks ago, without notice; on the following Monday I went to their room; I found the key hanging over the door; I went in and missed the articles stated; I found six duplicates on the mantelpiece; I got some of the articles out myself, the others the pawnbrokers still have; I did not see the prisoners again till they were in custody on another charge.
JOHN BOARDS . I am a pawnbroker. I have a blanket pawned on the 7th of July, 1832, I suppose by Ann Mills, as I have known her pawn articles in the name of Ridley, in which this was pawned, for 1s.; this is the duplicate.
- BLACKBIRD. I have known Ann Mills for four years, she has worked for me and had a very good character, she passed as a married woman.
NOT GUILTY .
In this case no evidence was offered.
HUGH FISHER STANGER . I live at No. 46, Old-street, and am a watch and clock-maker. On the 14th of August the prisoner came to my shop, and offered this watch-case for sale, for 10s.; I gave him a half-sovereign for it; he said it was his own, and that he had the movement at home, which he meant to keep for a little while, and then have a hunting case made for it.
THOMAS BARCLAY . I am foreman to Mr. Thomas Porthouse , of No. 10, Northampton-square , a watch and clock maker ; the prisoner is apprentice to Mr. Clark, who works for us; the prisoner was in the habit of coming there; this case is my master's, and is worth about 15s.; we lost two cases.
Cross-examined. Q. Would it be in the course of the prisoner's employ, to carry work from Mr. Porthouse to Mr. Clark? A. Yes, the silver of this case is worth 15s.; the work about 6s. or 7s.
GUILTY . Aged 17.
THOMAS BARCLAY . I am foreman to Mr. Thomas Porthouse . On the 10th of September these two cases were brought to me; I identified them as my master's property; this is worth about the same as the other case; any watch-maker would know that they were new; this last case had been placed on a shelf inside a bar, on the outside of which the prisoner had to stand when he came for work - he could reach it by standing on a stool, and reaching over; I saw him lean over on the 9th of September, but did not see him take any thing.
HUGH FISHER STANGER . The prisoner came to me again in the evening of the 9th of September, and offered this other watch-case - I said, "Was not you here on the 14th of August?" he said, "Yes" - I said, "How did you come by this case, your movement cannot have two cases?" and I saw that this one had no hole in it to wind the watch up - I then asked him his address; he said,"Thomas Jones, 16, Galway-street" - I wrote it down, and while I went into the parlour he ran off, leaving the case behind him - I went to the door and saw him running, but being lame I could not follow him - I went to the watch-house, and the next morning we found the prosecutor.
Cross-examined. Q. You did not buy anything of him on this occasion? A. No.
GUILTY . Aged 17. - Confined Seven Days .
1443. ESTHER BRANSTON was indicted for stealing, on the 29th of July , 1 snuff-box, value 30s.; 5 shirts, value 20s.; 1 towel, value 1s.; 1 soup ladle, value 1l., and 2 tea-spoons, value 5s., the goods of Samuel Spilsbury , her master .
SAMUEL SPILSBURY . I live at No. 31, Panton-street . I am in the employ of Mr. Garratt, a silversmith; these articles are all mine except the soup-ladle, and two tea-spoons, for which I am accountable; the prisoner was in my service; I discharged her about a week ago - I had then missed some table spoons; I have since missed the other articles - these five shirts are worth 30s.; this snuff-box, 30s.; I had seen that safe in June last - the prisoner was my cook , she had twelve guineas a year- I had a good character with her.
JOSEPH SMITH . I am shopman to a pawnbroker in Brewer-street. I produce these articles; this snuff-box, and one shirt, were pawned by the prisoner on the 9th of September, for 1l. 7s.; and the other shirts were pawned by her for 15s.(Property produced and sworn to.)
Prisoner's Defence. I was forced to pawn these to lay out money for my master; I had pawned a shawl and two gowns of my own - I received some money of him, but not being a scholar, I could not keep an account, and left it to the housemaid.
SAMUEL SPILSBURY re-examined. She had to buy beer, and sometimes brown bread - I was out of town in September, and she had to pay 1l., which I paid her when I returned - I paid her her money regularly, and never heard that she was in distress - I had a good character with her, and her former master speaks highly of her.
GUILTY . Aged 23. - Transported for Seven Years .
FREDERICK GLANVILLE . I am servant to Mr. Layton; he keeps the Swan, in Kingsland-road ; the prisoner was my fellow-servant - I had 5s. a week, and he had 1s. and his board and lodging - he slept with me on Sunday night, the 29th of September; I was in liquor and my master sent me to bed - the prisoner helped to undress me, and I felt his hand fumbling about my left-hand pocket - I told him to let me alone, and to let me lay down on the bed; he said it was his master's orders - he slept with me that night - I got up about six o'clock the next morning; I put on my trousers, and found my money was 12s. short of what I had the night before - I missed three half-crowns and some shillings and sixpences - I asked the prisoner if my master had taken the money out of my pocket for safety; he said, "No" - I came down and told my master; he said I must have lost it or spent it - I said I had not - I had counted it, as I make it a rule when I have been drinking, to count my money the next morning.
WILLIAM MILLICHAP (police-constable N 77). I took the prisoner - he asked me before he went in to the magistrate, if it would not be better for him to tell the truth - I told him to do just as he pleased, but I did not want him to say anything - he then said, that when he put the boy to bed, his money tumbled out of his pocket under the bed, and he picked up a half-crown, a shilling, and two sixpences - I found this box of things on the prisoner.
Prisoner's Defence. My father gave me 10s., and I bought these things to hawk about the country; but I would rather go back to my master.
GUILTY . Aged 15. - Judgment Respited .
CHARLOTTE DUTCH was indicted for stealing, on the 9th of September , 2 shirts, value 5s.; 2 petticoats, value 1s. 6d., and 2 handkerchiefs, value 3s. , the goods of William Dutch .
CHARLOTTE DUTCH the Elder. I am the wife of William Dutch - the prisoner is his daughter by his former wife; he is a fellowship porter - on the 9th of September, I missed the articles stated, and a Bible, but that was the prisoner's; it had been given her at the school - she lived with us, but she absconded on the 9th of September, and was brought home on the Wednesday after by my husband's sister - I asked her how she came to pawn the articles; she made no answer - I sent for her father home, and he took her to the officer - but prior to his coming home I had found two duplicates between the window and the shutter - she was fifteen years old on the 28th of May - I always gave her enough to eat, and used her well; I have struck her in a slight way, but not for this offence.
WILLIAM DUTCH . I am the father of the prisoner - she absconded from my house on the 9th of September, taking the articles stated - I was afterwards sent for home, and she was taken before the magistrate - she has robbed me so many times that I could not forgive her - my wife has been very kind to her; she never went out but on errands - I would take her again after she has had some confinement.
HENRY PETER PIGE . I am a pawnbroker, and live in Church-street, Bethnal-green. I have two white petticoats, and a black handkerchief, pawned by a female, but I cannot swear to the prisoner; it was a girl about her size - I have no doubt it was her.
JOHN ELLIOTT . I am a pawnbroker. I have two shirts pawned for 2s., I have every reason to believe by the prisoner - she came on a Monday morning between eleven and twelve o'clock; I asked if she was twelve years old, and who she pawned them for - she said for her father, and gave her name as "Ann Wood, 14, Old-street"- I think there was another girl with her.
GUILTY . Aged 15. - Confined Six Months .
Fourth Middlesex Jury, before Mr. Sergeant Arabin.
1446. EDWARD CHURCH was indicted for stealing, on the 27th of August , 1 coal scuttle, value 1l.; 1 tea kettle, value 7s. 6d.; 1 table cloth, value 12s.; and 1 blanket, value 2s. 6d. , the goods of William Hoy .
WILLIAM HOY. I live in Coronation-place, Hackney . I have known the prisoner twenty years; I married his wife's mother - I allowed him and his wife to live in my house without paying rent; he had lived there four years and three quarters - he is a gardener by trade - he brought some furniture of his own to my house, but the articles he took were not in the room he occupied; they were in one of my rooms - I missed them before he left my house.
Cross-examined by MR. WALESBY. Q. Is your wife alive? A. No; the prisoner's wife looks after my house, and I let them live there for that - the prisoner is not in regular employ, he is only a jobber - I went out of town for fifteen or sixteen days - I left two pounds with the prisoner's wife to pay incidental expences - I did not pay them any wages - I don't think the prisoner was in employ when I went out of town; but I heard that he earned money while I was away, from Mr. Batson - the prisoner's wife is still looking after my house, I left her at home ill this morning - I never ordered the prisoner off my premises, but I have said to other persons that I should be glad if he would take his wife and go off.
Cross-examined. Q. Can you say it was not Hoy? A. No, it was House, I cannot be mistaken in it.
WILLIAM HOY. When I returned and missed the articles, I enquired of his wife, and she gave them to me.
Prisoner's Defence. I have known the prosecutor twenty years, and lived twelve years with him, the last time about five years - when he was out I was out of work- I had no wages from him, nor my wife either - I pawned these things, expecting to get them out before he came back - I did not think he would appear against me.
NOT GUILTY .
HENRY GILES . I am servant to Mrs. Morris, No. 7, Portugal-street . On the morning of the 9th of September, about half-past nine o'clock, I saw the prisoner in the passage; he looked round, saw me, and went off in a hurry - it struck me all was not right - he got out at the area - I pursued him - I did not see him drop these trousers of mine - but I found them in the area, and no one but him could have dropped them: I had seen them safe in the butler's pantry not ten minutes before - he got out at the area door, which he had to open; it had been shut, but not locked - these are my trousers - Thomas Pickles is butler to Lady Hargrave, but his wife lives where I do, as lady's maid - this is his cloak, which was dropped at the same time with my trousers - I pursued the prisoner, and took him in the street; I brought him back - he begged for mercy.
Cross-examined by MR. DOANE. Q. Did you see the prisoner in the house? A. In the passage leading to the area - he was in the house - I pursued him to the corner of Charles-street, Grosvenor-square, and Mount-street - I had never seen him before that morning - he turned three corners, and I lost sight of him - I found nothing on him - I told the magistrate that the prisoner begged for mercy - I don't know that I added that some time after the evidence.
Prisoner's Defence. I declare I am innocent - I was running at full speed to go to my employer - the prosecutor said he did not think I stole the things.Edward Archer , a baker of Drummond-street, gave the prisoner a good character.
GUILTY. Aged 26.
Recommended to Mercy by the Jury .
Confined Six Months .
1448. MARY DEVEREUX was indicted for stealing, on the 8th of September , 1 tea tray, value 10s.; 12 yards of calico, value 3s.; 1 book, value 1s.; 3 yards of printed cotton, value 3s.; and 12 yards of carpet, value 3l., the goods of Mary Miles , her mistress ; and JAMES HEALEY was indicted for feloniously receiving the same, well knowing them to have been stolen .
RICHARD HANCOCK (police-constable T 138). On the 8th of September I fell in with the prisoner Healey in Praed-street, about eight o'clock in the evening; I followed him three hundred yards; I then stopped him - I found this tea tray under his arm - I asked where he brought it from? he said from No. 12, Cambridge-terrace - while I was talking to him, his wife came up, and said,"Give him the bundle, and let him go" - I took him to the station - he there said, if I would go to No. 12, Cambridge-terrace , he would call Mary Devereux - I went there, and while I was talking to Miss Miles, Devereux escaped over the iron railing and got away; she left her pocket on the table, and I found in it thirteen duplicates - I found these other articles in the tea tray - Healey said he did not know what was in it.
Cross-examined by MR. DOANE. Q. Did he not say he had had it from Mary Devereux? A. Yes, and that turned out to be correct - I did not find anything on him, nor at his lodging.
HARRIET MILES . I live with my mother, her name is Mary. Devereux was her cook - she came on the first week in June - this tea tray was taken from a press in the kitchen, and these other things from the wardrobe in the back kitchen, where she slept, which was broken open - when the officer came she said some person wanted to speak to me; I came down, and saw the officer - I was frightened, and desired Devereux to remain there, but she went down stairs - my mother then came down, and we went into the parlour, and I heard a noise in the kitchen; we then found that Devereux was gone off without her bonnet or shawl; she was out all night, and came back the next morning, and I let her in myself - I had seen the prisoner Healey about there in the landlord's employ, but I never saw him in our house.
Cross-examined. Q. I believe he is a bricklayer? A. Yes, in the employ of Mr. Pounsford our landlord.
Devereux. This bit of calico was given to me by Miss Miles. Witness. It is almost impossible to swear to calico; but I did not give her this book, nor this tea tray, I can swear to that, it was brought from India by my brother.
Devereux. I took the tray to pawn as I had not sufficient to live on; I had pawned the last article of my clothes before I took it. Witness. She never wanted for any thing in our house; we were about to part with her as she was much more expensive than we wished.
Healey's Defence. This girl told me she was going to leave her place and asked me to take her box for her, I called at eight o'clock in the evening for it, she said the box was not ready; but she told me to take these other things, the officer stopped me and I told him I did know what I had got, but I would take him to the person I had it from.
DEVEREUX - GUILTY. Aged 28. Recommended to Mercy by the Prosecutrix - Confined Nine Months .
HEALEY. NOT GUILTY .
JOSEPH PARSONS . I am a lamp manufacturer , and live in Barnet-street, Bethnal-green , the prisoner was my errand boy for eight days; on the 3rd of October, I gave him 12s. 2 1/2d. to purchase some articles for me - I gave him a half-sovereign, two shillings, two penny pieces, and one half-penny; I did not give him any sovereign - he never returned with the goods or the money - on the Saturday afterwards the officer brought him to me; I asked what he had done with the money, he said he had spent it - he had been in my service before.
GUILTY . Aged 17 - Confined Six Weeks .
THOMAS WHITNEY . I know the shop of Mr. Macguire, he sells butter and poultry , on the west-side of Finsbury market ; on the 8th of October about half-past four o'clock in the afternoon. I saw the prisoner and two others near his shop - I heard the prisoner say "I will go" and he and another went into the prosecutor's shop; I waited and saw them come out, and the prisoner had something in his apron - I went into the shop but saw no one there - Elizabeth Veisey then went out and took hold of the prisoner - he threw down the duck, and I took that and him to the station-house.
ELIZABETH VEISEY. I was at our door with a child in my lap - I saw the three boys on the other side; the prisoner and one other then crossed and went into the prosecutor's shop; they came out in a minute or two, and the prisoner had something in his lap - I went to him and saw him throw the duck down.
GUILTY. Aged 14 - Recommended to Mercy by the Jury - Whipped and Discharged.
1451. JANE GAMBLE was indicted for stealing, on the 2nd of January , 2 aprons, value 2s.; 1 bonnet, value 10s.; 1 shirt, value 1s.; 1 handkerchief, value 6d.; 1 basket, value 1s.; 8 half-crowns; and 15 shillings ; the property of George Thacker .
ANN THACKER . In January last the prisoner lodged with me - I gave her some money on the 2nd of January, to go on an errand for me - I was then a widow - I was not married to George Thacker till the 6th of May.
NOT GUILTY .
JOSEPH PAYNE and SARAH PAYNE were indicted for stealing, on the 17th of September , 3 yards of valentia, value 14s. , the goods of Thomas Finnimore Evans .
THOMAS NEWMAN . I am in the service of Mr. Thomas Finnimore Evans; he is a woollen-draper , and lives at No. 1, Norton-Falgate, in the county of Middlesex - on the 17th of September, the two prisoners came to the shop in company, between seven and nine o'clock in the evening; they asked me to shew them some waistcoat pieces which I did, one of which they bought a waistcoat off - the man gave me a half-sovereign, to pay for it, but the woman had taken part in looking at the pieces; they then went away and I missed one of the pieces which I had shown them - I went after them - they had got about ten doors off; I accused them of stealing a waistcoat piece, they said they had none but what they had purchased, I felt them and while I was so doing. I observed a person come across the way and take up this waistcoat piece behind the female-prisoner, I took hold of it and they both ran off; I pursued and took the woman.
FREDERICK EVANS . About eight o'clock that evening I heard Mr. Newman say that he had been robbed of a waistcoat piece - he ran out and I followed him; I saw the two prisoners crossing White-lion-street - I pursued the man when he ran off, and gave him to the officer.
Joseph Payne's Defence. The witness said, that from the first of our entering the shop he had suspicion of the female, and he saw her fumbling among his goods; I should have thought that he would have stopped her, but instead of that, he said, he saw her pass the window with something, and then he put on his coat and hat, and came after us - he accused me first, and said, he was told that I knew something of a waistcoat piece; I said, "I will go back with you" - he then said, he saw this prisoner drop it; now if he had, would he not have taken it up and not have given another man time to have crossed and taken it up? while I was in the shop, I thought I heard a bustle, and I saw a man's arm going out of the shop; I was at that time at the other counter looking at some buttons; he had but four, but he said he should have some more the next night.
Transported for Seven Years .
MARY BIRMINGHAM . I am a milk-carrier to Mrs. Hannah Coomber . On the 9th of September I was out with my milk pails in Princes-street, Oxford-street , about half-past three o'clock - I put down my pails at a door where I received a penny, which I put into a little tin can, in which I had the money stated - the prisoner and two other boys were standing by at the time - I went on to the next door and the lady told me to go in with the bill; I did so and while I was inside, I heard the money rattle - I ran out and saw the prisoner running with the little can in which the money was; I pursued him; he dropped it at the corner of Regent-street and Oxford-street - I took it up and kept it till the policeman came with the prisoner; the money tumbled out when he let it fall; one shilling and some of the copper was lost, but the rest was there - this is it.
THOMAS WINKUP. I saw the prisoner run, and throw the can down.
GUILTY. Aged 13. - Recommended to Mercy by the Prosecutrix and Jury - Transported for Seven Years .
WILLIAM LACEY. I am a carpenter . On the 29th of September, I was in Norton-Falgate , about half-past ten o'clock in the evening - I felt my handkerchief taken from my pocket - I turned and saw the prisoner run - I pursued him; he threw my handkerchief down - I did not lose sight of him till he was taken.
THOMAS GOODING . I was passing through Norton-Falgate and saw a crowd, and two men were fighting - I saw the prosecutor run after the prisoner - I pursued him down to Blossom-street - I lost sight of him for a short time; I then caught sight of him again, and the officer took him.
GUILTY . Aged 17. - Transported for Seven Years .
WILLIAM GADSBY . I am a hackney-coachman - the prisoner is my only child ; he is between eleven and twelve years old - on the 24th of September I called him up, at seven o'clock in the morning, to light the fire and get breakfast; this money was in my coat pocket; he slept in the same room with me; I fell asleep again, and at half-past seven o'clock I awoke, and missed my money; the prisoner was then gone, and I did not see him for a fortnight, when I met him in the street, and asked how he came to rob me; he said, he did not know - he has robbed me six or seven different times - I have tried every means of reclaiming him.
GUILTY . Aged 12. - Transported for Seven Years .
GEORGE MASON (police-constable N 85). I was on duty about one o'clock that morning, I heard some persons coming under a wall - I went up and saw three or four men who had a bag loaded with something; I followed them across the field; they dropped the bag; I follwed the last, who I believe was the prisoner knowles - he went on to a gate and got over it, and got among some trees; I then lost sight of them - I went back and secured this bag; these four rabbits I caught, there were others but they got away - I thought Game was one of the men, and we went and took him the same morning; his boots were very wet, there were nails in the soles of them, and two nails are out of the toe of one of them - they exactly correspond with the marks I saw in the clay.
ISAAC KEENE (police constable N 161). I was on the next beat to Mason, he told me of this; I said I had seen Game about a quarter of an hour before; I found the marks of the nails in the clay, and the mark of a knee with twill or cord breeches; and I saw the same mark on Game's knee.
Game's Defence. I am quite innocent; one of the men who took the rabbits has been to the prison and told us all about it; his name is Hyman, he told us the names of the other three.
NOT GUILTY .
THOMAS WILSON . I am foreman to Mr. William Evans; he is a paper manufacturer , and lives in Shoreditch . On the 7th of October, the prisoner came to work at his factory, at nine o'clock in the morning, but I did not see him; he had not worked at that factory before, but he had at another factory, about three months before; I afterwards saw this paper at the pawnbroker's, and know it to be Mr. Evans's - it is the first that has been printed of the pattern for next spring.
HENRY CURRY . On the 7th of October, I was going to get a place; I saw the prisoner run from Mr. Evans's factory with two pieces of paper under his arm - I knew him, and called to him, but he would not stop; I went into the factory and gave the alarm - there were two pieces of paper missing.
GUILTY . Aged 14. Recommended to Mercy by the Jury and Prosecutor. Judgment Respited .
RALPH BRADBURY . I am a carpenter . On the 5th of October, I was a little drunk - I was in Shoreditch about half-past ten o'clock at night, and had two pairs of trousers under my arm; I saw the prisoner, he asked me where I was going - I had not known him before; I said I was going to Shoreditch; he then snatched my trousers from me - one pair I had bought new, and the other had been repaired; he then said, "This is your way;" I said, "I have lost my trousers;" he gave me back one pair, and said, "Here are your trousers;" I said, "I have lost another pair;" he said, "I have not got them, and know nothing about them;" the policeman then came up, and I told him I had lost a pair of trousers, and I supposed this man had got them; the officer took him round the corner, and I saw this pair drop from him - I gave him into custody.
Prisoner's Defence. I saw him getting up from a step of a door; he dropped one pair of trousers, and I gave them to him; he then asked if there was not another pair of black ones; I said, "I don't see them;" he then spoke to the policeman, and went down the street with him - they then came back, and the policeman took hold of me and searched to see if I had them, but I had not - he took me a short distance, and then he dropped this pair at my feet.
GUILTY . Aged 22. - Transported for fourteen Years .
CAROLINE ANN GALE . I am the daughter of John Gale , he lives at Newington ; I have known the prisoner ever since he was three years of age - he has visited at our house - he is not related to us; I don't think he had done any thing; but his father is a wine merchant; on the 19th of September, he came to our house about three o'clock, and said Mr. Gale had sent him to wait there till five o'clock; he was hown into the parlour - I went down and staid there ten minutes or a quarter of an hour - I then went out of the room - I heard him walk across the room, and go out at the door; I then went into the parlour, and missed the property sated from the sideboard in the parlour - I gave information directly.
HENRY RACKHAM (police constable N 184). I was on duty, and took the prisoner in Kingsland-road, between three and four o'clock; I asked him what silver he had been stealing, he said, "I will give it up to you;" and he gave me this.(Property produced and sworn to.)
GUILTY . Aged 18. - Transported for Seven Years .
Second Middlesex Jury, before Mr. Justice Park.
GEORGE CROW . I am a plumber and glazier. I was in Globe-lane , on Saturday night, the 5th of October, about a quarter before seven o'clock; it was then dark; I heard some boy s wrangling, there were four of them altogether - I saw the prisoner, and two with him, and one other; I saw the prisoner, and Ashton near to each other, about two feet apart; hearing them wrangling, I went to the door, and stepped into the road, and heard the prisoner say to George Ashton, "If you come back, I will stab you" - the prisoner then put his right hand into his left hand pocket, and took something from it; I cannot tell whether it was a knife or what - Ashton turned towards him, but never lifted his hand to strike him; he did not advance towards him at all, he only turned his foot, and he never lifted his hand at all that I saw; the prisoner then instantly thrust forth his right arm to the left breast of the deceased, and the decesed fell into my arms, saying, "Oh he has stabbed me, take him away" - I did not see anything in the prisoner's hand - I took a knife from him at the station-house, in about five minutes - he had it in his left hand pocket; I took it from his pocket; it was shut then; I afterwards saw it open, it was a double bladed knife; I saw the large blade open and there was a stain of blood on it; the deceased was about eighteen years old; when he fell into my arms, I gave him to a young man to take care of, while I took the prisoner to the station-house Ashton died at the London hospital - the prisoner did not attempt to go away; he remained standing there; while I had deceased in my arms he might easily have gone away - it was a momeutary act - there was a gas lamp that enabled me to see this; I saw nothing of the beginning of the dispute.
THOMAS FORDHAM . I am a carpenter; I live near the place - I was within ten yards of these parties at first; I came nearer to them - I heard the prisoner, who is a sweep, say to George Ashton, "If you come back I will stab you" - I was not near enough to observe whether he was crying - I ran up as fast as I could, and when I got to them, the deceased had turned round towards the prisoner and was within about two feet of him - I saw the prisoner plunge a knife into him - I did not see the knife, but he struck at him with something; the deceased fell into Crow's hands - I did not hear him say anything - I saw two sweeps there near him, they did nothing - the prisoner was standing up when I first saw him - I had not seen him coming out of any shop - Crow came out of a baker's shop - Nicholls and Stroud were with the deceased; they were very near when he was stabbed- the prisoner appeared very violent; and as if he had been put in a passion - he was very violent; I did not see anything in his hand before he struck the deceased - the deceased was returning to the prisoner when I saw them - he was moving towards the prisoner - I saw him move towards him after the prisoner said, "If you come I will stab you" - the prisoner appeared in a great rage when he said that - I did not see him take the knife out of his pocket; for all I know he might have had it in his hand before.
Cross-examined by MR. PHILLIPS. Q. About how far was the deceased from the prisoner, when he said, "If you come back I'll stab you"? A. I was about a hundred yards off; the last time I heard him say it, he was about two feet off; he said so two or three times - I could not see them the first time it was said - I might have heard it said three times - he was about three feet off the last time I heard it said - if the deceased had chosen he might have gone away instead of returning to the prisoner - he was older than the prisoner, and a great deal larger and stouter - it was said in the voice of a person, who was in great anger - I did not hear the prisoner say he had hit him in the eye with a tobacco-stopper - I am sure the deceased walked towards him.
JEPTHA MILLER . I am sixteen years old. On Saturday night, about a week ago, I was with the prisoner and another sweep named John Potter, at a quarter before seven o'clock - I was quite sober; I don't know how the others were - we had been to a sugar-house, we had not been to a public-house - the deceased met us; there were two more boys with him; they were doing nothing - as they passed by, Emmett said, "He is a gone off" - he did not point to any one in particular - the deceased had gone on about ten yards before he said that; on the prisoner's saying that, he came back, and hit him in the face - it was a smart blow; I was near him, and the blow almost struck me; I heard the blow - the prisoner fell down from the blow and cried out - when he was on the ground the deceased kicked him on the thigh; I saw that - he only kicked him once; he did it with violence - Emmett began to cry, and then called the deceased a twopenny-halfpenny thief - the deceased went towards his companions, and the prisoner told him if he came back he would stick a knife into him; he said that immediately - the deceased came back in a minute or two, and was going to hit him; he lifted his hand up - then the prisoner put his hand into his pocket, and took something out - I don't know what prevented the deceased hitting him; his hand was cleanched when he lifted it up towards him - I did not see the knife in the prisoner's hand, but he put his hand into his pocket as if to take something out - I did not know the prisoner before; we are not under the same master; but the other boy knew him - I am quite sure I saw the deceased strike him the first time, and afterwards kick him on the ground, and afterwards he offered to strike him again - it was not so much as three minutes between the first blow and his coming up the second time - I knew the deceased by sight before; his name was George Ashton.
Cross-examined. Q. Did it appear to you that whatever the prisoner did was in defence of himself, when Ashton was going to strike him? A. Yes.
JOHN DAWSON . I am a pupil at the London hospital. The deceased was brought in on the 5th of October, a little after seven o'clock in the evening; I saw him immediately after he came in; he was brought there by four men on a shutter.
JOHN DAWSON . I saw him immediately he was brought in; he lived five or ten minutes - I afterwards examined his body - there was a wound between the third and fourth ribs on the left side; it had entered the heart, and was about two inches deep; that, no doubt, was the cause of death; it had pierced the heart - I saw the knife before the Coroner; such a knife would have inflicted that wound.
GUILTY. Aged 15. - Of manslaughter only .
Transported for Fourteen Years .
Before Mr. Baron Vaughan.
"Received, July the 25th, 1833, of Mrs. Hampton, the sum of one hundred and fifty 4 pounds, 13 shillings, as bill delivered.
2nd COUNT, for uttering the same, well knowing it to be forged, with a like intent.
3rd COUNT, for disposing of a like forged receipt, well knowing the same to be forged, with a like intent.
4th COUNT, for putting off a like forged receipt, well knowing the same to be forged, with a like intent.
MR. CLARKSON conducted the prosecution.
ELIZA HAMPTON . I am the wife of Robert Hampton, who is an officer in the army - he is in India; the prisoner was in my service; I was in the habit of dealing with Madame Follet, a milliner, at the west-end of the town; in July, I was indebted to her; before that, I had paid a portion of the whole of the debt; the original amount of the debt was £154; I live in Princes-street, Hanover-square; I had given the prisoner £40 to pay to Madame Follet on account of that debt - that must have been in February, I think; in July, I gave her a farther sum to pay to her; at one time, a £50 note, and another time, a £50 and a £10 note - it was on two occasions, between the 15th and 21st, or 22nd of July - I gave a £50 note on the first occasion; after having done so, I asked the prisoner for the receipt two or three times, and she then gave me a receipt, which she told me was Madame Follet's; (Schofield here produced the receipt) this is the receipt she gave me, and said it was Madame Follet's; and this is Madame Follet's bill.
Q. About the latter end of August, did you go from your house to Margate? A. I did; on Saturday, the 31st of August - the prisoner accompanied me; she remained at Margate with me till the following Saturday, and then she asked leave to go up to town - I gave her leave; she was to return on the Tuesday - she returned on the Wednesday; her not returning on the Tuesday, and from other circumstances, I was suspicious of her, and in consequence of that, her boxes were searched in my presence, by Mr. Tufnell; in consequence of what transpired, the prisoner was taken in custody at my lodging; the first question I asked her was, "Have you paid Madame Follet the £100?" she answered, "I have not, I wrote the receipt myself."
Cross-examined by MR. PHILLIPS. Q. Where is Colonel Hampton? A. In India; I don't know whether he is coming home shortly - I have written to him to request he would come home; I do not expect him shortly - I don't expect any suit will be instituted by him when he does come home; I don't understand you.
Q. Do you know a gentleman named Tufnell? A. I do; he is no relation to me; I got acquainted with him fourteen or fifteen years ago - it was not before Colonel Hampton went to India; I don't understand you; Colonel Hampton has not been in England for upwards of thirty years; I was married in India - I came from India six years ago; I knew Mr. Tufnell before I was married; I was acquainted with Mr. Tufnell in London; I have been home twice; he is an examiner of accounts, in the Audit office - he is not married; I have been on intimate terms with him - I have been in various parts of the country with him - I have been at Dover; we lived in the same house at Dover, and dined at the same table - we did not always breakfast at the same table, because I did not get up to breakfast; we always dined at the same table - we were there twice - eight or ten days each time; about two years ago; I don't exactly recollect whether that was the first visit - it is about two years since my first visit to Dover, with Mr. Tufnell; I only went once with him to Dover; he came when I was residing there; we travelled together the first time - Mr. Tufnell took the apartments at Dover; the prisoner was living in my service at both those times, and had an opportunity of observing the extent of my acquaintance with Mr. Tufnell - I considered her a very confidential servant.
Q. May I ask what the extent of your means of living were in London? A. £700 a year and more; it is uncertain what my husband remits me, sometimes I have more, and sometimes less - at this present time, I have £700 a year.
Q. Have you ever employed the prisoner to pawn articles of very considerable value? A. Yes; to the amount of £200 at a time.
Q. Now Mrs. Hampton, we have gone through the Dover residence, how long did you live at Margate? A. Three weeks; Mr. Tufnell also lodged in the house part of the time; eating at the same table; he took the house at Margate at my request - I did not pay his lodging; I paid my own - he had a bed room in the same house for which he paid separately; that I swear; I paid bills for his diet at Dover; very much through the hands of the prisoner - I have been at Tunbridge-wells with Mr. Tufnell - it is some time ago; I think I staid there seven or eight days; I was at an hotel part of the time, and part of the time in lodgings; I went first to an hotel - Mr. Tufnell was with me - lodgings were taken, and I remained there, and Mr. Tufnell left me; during the time he staid there, I paid for him - he never came back there after he left; I don't recollect that he took the lodgings - I might have been with him when the lodgings were taken; I went to Cranford-bridge with him three years ago - we travelled in the same post chaise; my daughter
COURT. Q. What age is your daughter? A. Fifteen or sixteen; but she is imbecile.
MR. PHILLIPS. Q. Well, she is not capable of making much observation? A. I don't know - I suppose not; she had not sense enough to observe what was going forward; I had a quarrel with Mrs. Atkins a lodging house keeper at Dover, about a postman - on no other subject; Mr. Tufnell had - mine never amounted to a quarrel, nor a difference; she asked me for money; I don't remember her sitting up on the stairs one night - I know she stated she did do it; we had a difference of opinion on that subject; am I obliged to enter into this?
Q. What other parts of the country have you been to with Mr. Tufnell; you have mentioned Dover, Margate, Cranford-bridge, have you been to any other parts of the country with Mr. Tufnell? A. Yes; to Boulogne, four or five years ago - Mr. Tufnell was not with me, he came and paid me a visit there - he dined with me, but he did not sleep there; he staid at Boulogne ten days on that occasion; he did not dine with me every day - I believe I have mentioned all the country places I have been to with him - I cannot swear I have not been to any other places in England with him - I don't recollect that I have been to any other places - I have certainly not been to any other place in England for a fortnight together with him, if you will bring it to my recollection.
Q. Where do you live in town? A. No. 14, Princes-street; I lived at No. 6, Conduit-street, before that, and I lived there a year; Mr. Tufnell has been in the habit of visiting me at both those houses, and that to the prisoner's knowledge; she has been in my service upwards of two years; Mr. Tufnell generally went home to his own residence about ten or eleven o'clock - he has staid as late as twelve o'clock.
Q. Never longer? Witness. Am I obliged to answer that question?
Q. I understand you to object to tell me how long he has staid? A. I don't object.
Q. How many different pawnbrokers have you sent the prisoner to to pawn for you? A. Three; Dobree, Cotterell, and Gray; no others, I am sure of that; I have not sent her to pawn at any other pawnbroker's that I recollect; I have gone with her to other pawnbroker's, but not sent her; I make a distinction between going with her and sending her.
Q. Where was that? A. To Graves'; it is somewhere in the city; I don't know where - it may be in Fleet-street, but I am not in the habit of going into the city - it was a street on the other side of Temple-bar - I know the Strand, it is a continuance of that street; I have gone with her to Graves's, three or four months ago; I did not pawn anything there - I went to pawn some diamonds; I asked £200 on them; I did not buy the diamonds in London - they were my own; I have had them for years, they were my mother's.
Q. Do you know Mr. Barnes, a silversmith? A. I do; I have not bought property of him to a very considerable extent; one bill was £50, another £50, and a slide for £15, and some other articles which I have not paid for; it may be £15, but I have not had the bills - I have not had a tea-pot of him; if I have sent my servant to pawn articles that I bought of him, they were paid for - I have sent her to pawn articles bought of Mr. Barnes.
Q. Is Mr. Tufnell in the habit of intimacy with you up to this moment? A. Yes; I don't know whether he is in Court or no - he did not come to the Court-house with me to-day; nor to the Old-Bailey; he accompanied me part of the way - to the coffee house in Cornhill; I don't know where - perhaps it is Ludgate-hill - he came with me yesterday.
Q. You have told my Lord this woman said she had signed the receipt? A. That she had written it; that it was not Madame Follet's hand-writing, but she wrote the receipt herself - I told the magistrate that she said she wrote it herself; that I swear positively - what I said before the magistrate was taken down, and read over to me, and I signed it - I told the magistrate that she said the milliner did not write the receipt, but she wrote it; I told the magistrate so, and it was taken down - I said to the prisoner herself, that it was written in a very slovenly manner, and did not look like Madame Follet's handwriting, and I said so to the magistrate, and I said that the prisoner told me that if I doubted its correctness, I could send and ascertain, as Madame Follet only lived in the next street, and the apology she made was, Mr. Follet did not keep a clerk; that he was a foreigner, and wrote the receipt himself - Madame Follet lived in Conduit-street.
Q. There was nothing to prevent your sending to Madame Follet? A. I sent and requested her to come, but she took care I should not see her - Madame Follet wrote to her; she opened all Madame Follet's letters, and prevented my seeing her - I seldom go out - I had better health when I travelled.
Q. When was it you went to Gray's with her to pawn the things? A. Three or four months, I do not exactly know; it was not in July, it was before July; it must have been in April, May, or June.
Q. Am I to understand that it was illness kept you from going to Madame Follet's? A. No; she said Madame Follet was not satisfied with one bill being paid, and insisted on my paying the other - I was not able to pay it, and did not go to her - I was unable to go out at times, but not every day - Mr. Tufnell was present when she said she wrote the receipt herself.
COURT. Q. I believe a gentleman came to the door of the court with you and retired? A. Yes.
MR. PHILLIPS. Q. Was that Mr. Tufnell? A. No; I left Mr. Tufnell this morning at the coffee-house; I left him in the street at the door of the London coffee-house; I did not see him go in - I did not get out of the coach; he did not come in the coach with me, he came with some other witnesses - I am sure Mr. Tufnell was present when the girl said she wrote this herself - Mr. Tufnell was examined before the magistrate, and I told the magistrate that Mr. Tufnell was present when the girl said she wrote it; I do not know whether it was the writing of the receipt, or the payment of the money. I distinctly swear that I told the magistrate that Mr. Tufnell was present when the girl said she wrote the receipt; I do not know what was taken down - what I swore was read over to me, and
COURT. Q. When she was taken up at Margate she told you she had written the receipt? A. Yes; it was the first question I asked her on her being taken up.
MR. PHILLIPS. Q. She was then in custody? A. She was at our house - I do not know whether the officer was present, or whether he had gone down stairs when I asked her the question.
COURT. Q. She had been taken by an officer? A. Yes; whether he was present at that conversation I do not know - I think it was before he came - Mr. Tufnell said he should give her in custody.
MR. PHILLIPS. Q. Then she was not in custody? A. I think not; Mr. Tufnell said he would give her in custody - the constable had gone to get a warrant to search her boxes, and during that time I think she said so - I do not know whether the constable had been sent for or whether he had left the room; I do not know whether he had been sent for or not - I said I thought the officer had left the room, because I think he had.
Q. Did you not tell me you thought it was before the officer was sent for? A. I do not know whether it was before or during the time he was gone for the warrant.
Q. Had this woman power to pawn any property of yours when she chose? A. Not when she chose without my orders - I had not given her a carte blanche to pawn goods whenever she wanted money - I accused her of having done it without orders - I kept her in my service afterwards - I know Mr. Cotterell, a pawnbroker - I never told him I had given the prisoner authority to pawn, or any thing of the kind - I know Livermore - I have never but once gone to Cotterell's shop myself - I never said any thing to that effect to Livermore - I never authorised Ann to pawn things without my consent; I did not tell Livermore that I had given her a general authority to pawn things, nor to that effect - it is two or three months ago since I went to Cotterell's shop; I walked there - I was compelled to go there when she told me she had pawned things without my consent; she went with me - I pawned things when I went to release the diamonds; I have never had these diamonds in pawn through the hands of Ann Vickers but once, that was done without my consent - they were given her to pawn for 200l., instead of which she pawned them for 120l. - the things I pawned to release the diamonds are so numerous I cannot mention them - she had taken them prior; she confessed to me she had pawned them, and to release them had taken some goods, and it was not sufficient - she did not say she had pawned them at Cotterell's; she said they had been pawned at Cotterell's, and when it was found out, she fell down on her knees and said, "They are not at Gray's, they are at Cotterell's;" and I thought it necessary to go myself to Cotterell's - when I went to release the diamonds, I pawned one or two gold chains, an Indian shawl, and other articles; she had taken them there before by my desire - I kept her in my service six or seven months after that - I had not enough to make up the money, and I said if he would send the diamonds the next morning to my house, he should have the money - I did not mention Ann Vickers's name; I have only one servant, that is Ann Vickers - I cannot say whether I told him my servant would pay it, I might.
Q. Did you tell him if he would send next morning your servant would pay the deficiency? A. Yes; I did not say, I did not say so - I had no servant but Ann Vickers - when I referred to my servant, I meant Ann Vickers - she was present at the time I gave the pawnbroker that direction.
Q. I believe on this subject you made an accusation against a Mr. Barnes, a jeweller, on the subject of pawning - you charged Mr. Barnes with a crime? A. Yes; and preferred a Bill - I was sworn and the Bill was thrown out.
Q. Do you know where Dobree lives? A. Yes; I have gone there to pawn, but not with Ann Vickers ; I have only gone there once myself - I have sent Ann Vickers there once or twice; not oftener, that I swear - and she has gone to Gray's for me once or twice.
Q. Now I will ask you one question. You have stated now that Mr. Tufnell was present when the prisoner said she wrote the receipt - is there any thing you know of to prevent Mr. Tufnell's being called as a witness for the prosecution? Witness.. Am I to answer?
Q. Now instead of applying to my Lord about it - it is a question no honest woman need object to answer - is there any thing you know to prevent Mr. Tufnell appearing as a witness? A. Am I to answer the question, my Lord?
COURT. I see no objection to your answering it.
MR. PHILLIPS. Q. Do you know anything to prevent his being a witness? A. No; he is in health - it was in the drawing room at Margate, in Mr. Tufnell's presence that the prisoner told me she had written the receipt - it was in the early part of the morning before breakfast - Mr. Tufnell was present when I first questioned her on the subject - he was present at the commencement of the conversation - I dont recollect whether he remained to the end of it - the prisoner and he left the room together I believe; with the constable - she confessed to the constable herself, that the only thing she was afraid of was the forgery - that was not in my presence; the constable said, she said so in his house - there is nothing to prevent his being here - there was nothing to prevent my subpoening him; but I thought there was sufficient evidence without him.
MR. CLARKSON. Q. Was Schofield the officer sent for to your house to search the prisoner's boxes? A. He was; I do not know the day - we had been three weeks at Margate - I was not present when he searched the boxes - some were in a room down stairs and some up stairs - I had no other servant.
BENJAMIN SCHOFIELD . I am a police-officer of Marlborough-street. I was sent for to search the prisoner's boxes, in Princes-street, on the 20th of September, in consequence of a letter I received from Margate - Mr. Tufnell and Mr. Alkin, (the attorney) were present when I searched the boxes; there was a piece of paper taken away by Mr. Alkin; he found it in my presence and gave it to Mr. Tufnell to look at - I produced the receipt just now - I received it at the police-office - I do not know
Cross-examined. Q. At that time the girl was in prison at Dover, or Margate? A. She was and not present.
THOMAS TURNER ALKIN . I am the attorney for Mrs. Hampton, in this prosecution; I was present when Schofield was sent for to search the prisoner's boxes, on Friday, the 20th of September; I had returned from Margate with Mrs. Hampton, that morning - I found two pieces of paper in the box, in the presence of the officer(producing them).
Cross-examined. Q. How did you open the box? A. The boxes were open - the large box was corded; the lock had evidently been broken; I did not find a box entirely open; the large trunk was open; the paper was not found in that trunk; it was in another box in a cupboard - that box was not locked - I should think there was nothing to prevent anybody either putting paper in or taking goods out of it - at that time I understand the prisoner was in Dover Gaol - the landlord and his family were in the house at the time - Schofield and Mr. Tufnell were present when these were taken out - I have not seen Mr. Tufnell to day.
Q. Was it he that introduced you to the prisoner's room? A. He told me certainly that was the prisoner's room; and I went down with him and Schofield, and in that room I found the box unlocked; several things were in the box - I did not try whether the lock was in order; I found no property there of value, except some books; and things belonging to Mrs. Hampton, of trifling value.
Q. Did you find valuable property of Mrs. Hampton's in the large box? A. Yes; the various articles which are in the other indictments - there were towels and things; but the large trunk contained nothing but clothes - there were several articles of value in the smaller box.
Q. Who has employed you on this occasion? A. Mr. Tufnell wrote to me from Margate, but, I consider Mrs. Hampton as my client - I received my retainer from Mr. Tufnell: the person who wrote to me I considered my retainer.
PETER NICHOLAS FOLLET . I live at No. 49, Conduit-street. My wife is a milliner - she was in the habit of supplying Mrs. Hampton with goods - in July last Mrs. Hampton was indebted to Mrs. Follet - there was an account this year, and the year before (looking at a bill) - this bill is mine, but the receipt is not; that is her bill, the receipt is not my hand-writing, nor my wife's.
Q. Has anybody in your house authority to give receipts, but yourself, your wife, and Mr. Atkinson? A. No; it is not Mr. Atkinson's hand-writing - I never received from the prisoner two notes of 50l. and one of 10l.
Cross-examined. Q. Have you been in the habit of calling at Mrs. Hampton's to get your money? A. Yes, lately; I have been several times in August - I could not see her - I have seen her, but I could not see her when I called; I have seen her since this affair occurred, but not before - I called several times in August to see her - I cannot recollect whether I called in September; she was not in London, I believe, then - I have called at Mrs. Hampton's before August; I cannot say exaclty when - I did not see her often; I never saw her when I called at her house for money; Mrs. Hampton was rather backward in paying, and I called for the money; the bill was promised to be paid several times.
MR. CLARKSON. Q. Who did you seen when you called in July and August? A. Miss Ann Vickers always; it was by her that Mrs. Hampton was denied to me during August; I went particularly one day to see her.
COURT. Q. You have called before August for money? A. No, I cannot exactly say I did call; I have called for payment of a bill before August - there were several appointments to pay the bill, that it would be paid at such a time.
MR. CLARKSON. Q. Have you ever called at Mrs. Hampton's house at any time before August, for the purpose of getting it paid? A. I called in consequence of these promises not being performed; every time I called Ann Vickers gave me the message, that Mrs. Hampton could not be seen; she was always the person who told me that she could not be seen.
AMANDINE FOLLET . I am a milliner, and live in Conduit-street. (Looking at the receipt) it is not in my hand-writing, nor of anybody authorised by me - I have not received the balance of 100l. on this bill; 40l. was paid in February last, credit is given for it at the end of the bill.
Cross-examined. Q. Had Mrs. Hampton been in the habit of coming to your house? A. Yes; she has not been at our house for a long time; I used to go sometimes to her house with dresses; I used to send them - I never took them myself; I have been myself, but not at that time - I cannot exactly tell how lately I have been there with dresses; I have lately sent a dress to Mrs. Hampton - she called herself at my house to order it; I should think about a fortnight ago - when I went myself with dresses I never saw her; I had taken no dresses to her to put on at the time; I never took dresses to Mrs. Hampton myself; I have not accompanied the servant who took them; I have been myself to try on dresses; I was able to see her when I tried the dresses on; I have gone many times when I could not see her before August last.
Q. Have you not already identified the notes? A. By being told they were the notes I received at the bankers; I did not know the notes myself when I saw them; I had not the numbers of the notes - how am I to know them - I did not swear to them before the magistrate; they were produced by a banker; I certainly should not have known them unless it had been for my banker.
WILLIAM TUFNELL . I live at 216, Regent-street. I was with Mrs. Hampton at Margate at the end of August last - I knew Ann Vickers in her service - I think it was on Saturday the 7th of September that she went to London from Margate; in consequence of what transpired sheAnn Vickers was taken into custody, she stated to Mrs. Hampton in my presence, that the receipts of Madame Follet (that this receipt) was written by herself, and she had not paid the money to Madame Follet - that was the morning of Wednesday the 11th of September I think; the very morning of her return - I was present when Mr. Alkin found some pieces of paper in the prisoner's box; they were found in Ann Vickers' room down stairs, and were shown to me at the time, and were put by I believe by Mr. Alkin; I myself afterwards looked for these papers, and found them, and gave them to Schofield - I am on my oath, and I swear these are the papers - there were some butcher's bills with them.
Cross-examined. Q. You say that these papers were first found by Alkin? A. No; at least they were found - I am not quite certian whether I did not find them first; but they are the very papers that were there - they were give into Schofield's possession, and I told Alkin they were there - they had been collected; the papers were altogether, tied up in a bundle; they were found in the kitchen - I cannot say exactly where in the kitchen - they were not on the dresser.
Q. If I understand you right, you and Mr. Alkin were searching the box? A. Yes, and Schofield; and in those boxes the papers in question were found; and that was in Ann Vickers' room down stairs - the papers were left in Ann Vickers' room, and when I went to Bristol the box was sealed up; the packet of papers were sealed up; and when I came back I looked for the papers - I wanted to find them, and I certainly did find them, tied up with an immense number of bills and papers; and I gave them to Alkin, and knew them to be the same - I don't know what was to prevent Alkin or Schofield, or myself from keeping them after they were first found - I was not searching for them - I said when I found them, "Here is something which corresponds with the receipt" - I intended to take it away at the time; I don't know why I did not take them away; I certainly saw them there - I omitted it.
Q. Why did you omit it if you intended to take them away? A. I swear they are the same papers that were found - I was in such a hurry I was not there at the sealing - I did not seal them myself; they were not sealed in my presence; let me recollect a few moments; I think it must be from half an hour to three quarters that I staid in the house after the papers were found; I was at Marlborough-street after seven o'clock in the evening - I had several things to do.
Q. Did it not strike you, as you intended to keep the papers, it was just as important a thing as anything you had to do? A. It did; it struck me afterwards; and - let me see; just let me recollect myself - I was anxious to see that the writing-desk was safe - I omitted taking the papers away at the moment; it slipped my memory; I was in a hurry - I went up stairs to see if the other places were broken open; then I came down again and went out above half an hour after - there was certainly plenty of time to take the papers - these papers were not sealed up - there was a bundle of papers sealed, but not these - I afterwards found these in the kitchen - on the dresser I believe.
Q. The very place you swore before you did not find them; now I ask you was it not on the dresser? A. No, decidedly not on the dresser; they were in the kitchen; not in her room; they were taken away from there and tied up with a bundle of old papers.
Q. Have you not sworn to me, that you found them on the dresser? A. No, I did not - I spoke to the servant-maid, Sarah Yarnold, to know where all the old papers had been placed; she said they were tied up together - they were brought ot me in a bundle, and I myself took them out of the bundle in the kitchen - I cannot tell what parot of the kitchen; I intended to take them away, and forgot it - I have not been in Court during this trial - I have not spoken to anybody about the trial; I have been waiting a long way from here on purpose to be sent for when wanted - not a long way off; I was with some friends at North, Simpson's, & co. - nobody has told me anything that has been sworn to-day.
Q. You conducted Schofield and Alkin to the prisoner's room? A. I did - on my word I cannot say whether I did or did not; I believe I did certainly in the backkitchen - I have now a distinct recollection that I went down myself and said, "Good God, here are the locks open."
Q. It astonished you to find the locks open? A. I knew they were open before.
Q. Then how came you to make that exclamation,"Good God! hereare the locks open," A. Why it was my own exclamation; I did not know the locks down stairs were open, but the locks up stairs were - I knew the locks in Mrs. Hampton's house were open.
Q. Did you not say you said, "Good God! the locks are open," but you knew they were open before; Mr. Tufnell was it not to convey to the officer and Mr. Alkin, that you were perfectly astonished at finding them so, that you made that exclamation? A. No; I don't know why I made the exclamation - I certainly knew from the letter of Mr. Thompson, which I received at Margate, that the locks had been picked.
Q. Why did you exclaim, "Good God! her are the locks open," when you knew they were open? A. Oh! but not these locks I meant the locks were open up stairs, and I decidedly did not mean these down stairs; I had no reason to think any locks but those up stairs had been opened; decidedly not - I used that exclamation, because I was astonished to find all her own locks picked too.
Q. Had you been to Princes-street before that day; when had you been there, before you took Schofield and alkin there? A. On the Saturday three weeks; not afterwards, decidedly; I was close to the trunks, certainly, when I made the exclamation; there were three I think; I don't think all were picked; I exclaimed about two; the large trunk had the lock open; I saw that when it was open.
COURT. Q. Was that trunk corded or not? A. It was corded, and very heavy.
MR. PHILLIPS. Q. How did you discover the locks were open immediately, on going into the kitchen? A. When we uncorded it, I think it was then I made the
Q. Then it was not uncorded when you went in first? A. Yes, I saw it with the cords on; the prisoner at that time was a prisoner at Margate; Schofield went into the house with me at the time; she was at Margate or Dover; we had come up to town together, for the purpose of making a search; I did not ask her for her keys, decidedly not, because I had them before; they were taken from her at Margate - her keys were in her box at Margate, and those keys I have now; and those keys I brought up from Margate to town.
Q. Was there the least mark of violence on the trunks, were they not opened as a gentleman who had the keys might open them? A. Decidedly not, the locks were taken off evidently; I think one was totally off; I have no notion how the locks came off; I was there the whole time at Margate that she was there; there were a large quantity of empty jewel cases in the trunk; I can form no idea how they came there, I was absent the whole time.
COURT. Q. Was there no valuable property in the boxes? A. There was linen, towels, and a vast quantity of empty jewel cases, but no jewels; there were some clothes; some Indian towels.
MR. PHILLIPS. Q. You say you have known Mrs. Hampton thirteen years, have you been on friendly terms with her? A. Very much so; occasionally I have visited her house; I have been to Dover with her; Mrs. Atkins was the landlady at Dover; I have not seen Mrs. Atkins since I was at Dover.
Q. Are you on good terms with her? A. She was very angry at my finding out that the postman had been defrauded of 1s. 6d. out of 2s. 6d. his Christmas box, which was to be given him; she was very angry at my finding out he only received 1s.; she had certainly the rest.
Q. Were you angry at her finding out anything? A. I was; I was at Boulogne some years ago with Mrs. Hampton, and at Tunbridge Wells; I was at Dover I think a fortnight or three weeks at one time; I took the lodging with Mrs. Hampton; on my word I cannot say whether she was with me when I took them, it is two years ago; I dined at Mrs. Hampton's while I was at Dover, and so I did at Margate, at Boulogne, and at Tunbridge-wells; one day at the hotel, and another day at Mrs. Hampton's; I am not related to her; not at all related; I think I have not been to any other places with her; not that I recollect; if you will mention to me, I will tell you.
Q. You don't forget the trip to Cranford-bridge? A. Oh! I was certainly at Windsor; I went in the same chaise; I had entirely forgotten that; we went go Windsor; Mrs. Hampton always paid for the journey, she paid me again if I paid it; when I went out of town she always requested me to settle the bill, and then she gave it me back again; it was repaid to me; I did not pay Mrs. Hampton's expences; she paid my travelling expenses; I never had any expenses paid by Mrs. Hampton which concerned me.
COURT. Q. Concerned you solely you mean? A. Yes.
MR. PHILLIPS. Q. Don't you think when you travel with a lady in a post chaise, at least half of it belongs to you? A. Yes, but she would not allow me - I mean to swear; when she was staying at her lodging I did not pay; she said for my dinner; I was on a visit to her at all the different times.
Q. That being the case, of course, she paid for your bed-room? A. Except at Margate, where I paid for the bed-room myself - I went to Margate on the day of the storm, and the house was occupied, and had not sufficient room - Mrs. Hampton paid for my bed-room at Dover to my knowledge; it was the same house - Mrs. Hampton paid for it; I do not recollect that I paid for it.
Q. Now, you say the prisoner said she wrote the receipt? A. She did, she was just taken into custody at the time; at least, the constable had not got her; it was before the constable came - I had her in my possession in the room - nobody was present at the confession but Mrs. Hampton and myself - I am not quite sure whether I told the magistrate of that confession or not; it was not that I took her up for - I was examined before the magistrate.
Q. Were you a witness in a case against Mr. Barnes brought by Mrs. Hampton? A. Yes, I went before the Grand Jury - the bill was ignored - sometimes I and sometimes Mrs. Hampton have instructed the solicitor in this prosecution - I recommended Mr. Alkin as the solicitor; I employed him; I wrote to him; he has never before been concerned for me - I recommended him because he was a connection - there were two servants in the house in Princes-street (a maid servant and a man) when I went and found the box open - they were keeping the house - I made no inquiry as to how the girl's locks happened to be open.
MR. CLARKSON. Q. The house in Princes-street is only partly occupied by Mrs. Hampton? A. Yes; Mr. Thompson lived there - when the girl left Margate on the 7th of September, she stated it was her purpose to go to London; she then had plenty of opportunity of doing anything in the house of Mrs. Hampton she chose.
Q. You have said you had the keys; on your oath, as you will answer to your God, did you ever open or pick the locks of either of the boxes? A. I did not; never - never - never, I believe, was I down there till that very day; the first time I saw the two papers in question was when Schofield and Alkin were present.(Receipt put in and read.)
The two papers being produced, had the following words on them.
"Follet - I Fol. receive 4,000; 1 H. pounds; 150 P. o."
Prisoner's Defence. I most positively deny the charge Mrs. Hampton brings against me; I never saw the receipt; I never gave her a receipt from Madame Follet - in February I paid 40l., bringing the bill receipted to that effect; then gave it to Mrs. Hampton, and never saw it since - before the 22nd of July last I received from her two 50l. and a 10l. note; she desiring me to take them to Mr. Barnes, in part payment of the heavy bill she owed him, which I did, and brought Mr. Barnes' receipt, and gave it into her hands - Madame Follet had been promised to have her bill settled in July; Mrs.
GEORGE DYER . I am a clerk in the Bank. I have two £50 notes, Nos. 1449 and 1247, both dated the 13th of June, 1833; they were paid into the Bank through bankers hands, one by Jones and Lloyd, and the other by Spooner.
WILLIAM THOMAS BARNES . I am a jeweller and silversmith, and live at No. 15, Henrietta-street, Cavendish-square. I knew the prisoner as the servant, of Mrs. Hampton; Mrs Hampton was a customer of mine - at present she is a debtor to the extent of many hundred pounds for jewellery and plate - between the 15th and 22nd of July, I remember the prisoner paying me on two or three occasions, money on account of Mrs. Hampton - on two or three occasions, in the month of July - (refering to his book) - I have an entry on the 17th of July, to credit of Mrs. Hampton, "cash 50l.," and on the 20th of July, "Of cash 60l.," - here is "Mrs. H." with the date on one of the notes I received from Mrs. Hampton; the date looks like "20, 7.," which is July.
COURT. Q. You have spoken to two payments; in what was the 60l. paid, was it by a £50 note, or what? A. To the best of my recollection it was a £50 note and a £10 note - I did not make an entry of the note and the manner in which it was paid - I mark every note, and have marked this "Mrs. H."
MR. PHILLIPS. Q. What did you mean by "H.?" A. Hampton - I have seen a note with my hand-writing, and "17 - 7," by which I have no doubt the payment on the 17th was made by that very note - (looking at a note) - I should say I never received this note, but on the 17th of July, a note of £50 was paid me, and I recognise the other note as one I received from the prisoner on Mrs. Hampton's account - the balance due on the 20th of July, would be about 700l.; I had very often applied for payment - I never gained a personal interview with Mrs. Hamptno on applying for payment; the messages were always sent through Ann Vickers - I have received a great number of sums of money from the prisoner from Mrs. Hampton, somewhere about 600l. at different times, I would say 500l. - I have several times endeavoured to gain a personal interview with Mrs. Hampton, and have been unable - Mrs. Hampton made a charge against me.
MR. CLARKSON. Q. How long have you been acquainted with Ann Vickers? A. As the servant of Mrs. Hampton, since February, 1832 - Mrs. Hampton herself gave me no order for any part of the property she has had of me.
Q. Pray have you and Ann Vickers been on very intimate terms? A. Yes.
Q. I do not mean the ordinary terms of intimacy; pray have you been very late of a night at the house in Princes-street, when Mrs. Hampton was from home? A. Yes, I have staid there all night long - I understand it was not for receiving this £50 note, knowing it
MR. PHILLIPS. Q. Have you, ever since the charge was made before the magistrate, been in the way, ready to come forward and answer any charge? A. Always; I never took any order from Mrs. Hampton for goods for her - I think I have had two personal interviews with Mrs. Hampton - the orders for goods came invariably through the young woman, and she made the payments - I am a single man.
HENRY LIVERMORE . I am managing clerk at Mr. Cotterell's. I know the prisoner; she has pawned articles at our house, articles of great value, diamonds - I know Mrs. Hampton; I saw her on the 14th of May at Mr. Cotterell's shop - Ann Vickers was with her.
Q. Did Mrs. Hampton on that occasion, in Ann Vickers's presence, give her authority to pledge with you, and give you permission to take in any articles she might bring of her's? A. She did, and I have acted on it ever since; I shouldthink I have advanced 400l. or 500l. through that girl on Mrs. Hampton's account - I should think as much.
Q. Then if the prisoner was convicted of stealing the property you say Mrs. Hampton gave her authority to pawn, you would have to give it up? I do not know that - I have a book with me containing an account of the pledges in September; I received pledges on the 9th of September - nothing between the 7th and the 9th; nothing on the 7th - on the 9th, a silver tea-pot, two castors, a mug, six dessert forks, a pair of sugar-tongs, two ladles, a butter-knife, two silver soap-dished, and one cover, a fish-slice, a silver gravy-spoon; 34l. was what I advanced - on the same day there was a gold chain pawned for 15l. 6s. 6d.; on the 10th, two gowns for 12s., and a shawl and handkerchief for 16s.; there was nothing on the 11th - I have not received any thing in pawn from Ann Vickers since that time.
MR. PHILLIPS. Q. Did you advance the money to her on the faith of the authority given to you by Mrs. Hampton? A. It was advanced to her as the servant of Mrs. Hampton; I advanced the money on these goods exactly as I did on all the other goods - I am only a shopman to Mr. Cotterell; it does not make a penny difference to me whether my master is obliged to give up the property or not.
NOT GUILTY .
1462. ANN VICKERS was again indicted for stealing, on the 10th of September , 5 gowns, value 50l.; 1 silver tea-pot, value 10l.; 16 silver spoons, value 10l.; 6 silver forks, value 6l.; 1 silver fish-slice, value 2l.; 1 pair of silver sugar-tongs, value 15s.; 1 silver butter knife, value 10s; 2 ladles, value 2l.; 2 castors, value 2l.; 1 silver mug, value 3.; 1 silver soap dish and cover, value 3l.; 1 silver tooth-brush dish, value 2l.; 1 cloak, value 15l.; 1 gold scent-box, value 3l.; 1 gold boa-snap, value, 2l.; 4 table-cloths, value 20s.; 1 locket, value 2s.; 26 books, value 1l. 6s.; 6 Chinese ornaments, value 6s.; 20 pens, value 1s.; 1 packet of violet powder, value 2s. 6d.; 1 drawing-book, value 1s.; 1 gold brooch-pin, value 10s.; 20 cloths and towels, value 10s.; 1 pocket-handkerchief, value 1s.; 1 petticoat, value 2s. 6d.; 2 window-blinds, value 2s. 6d., and 1 muslin flounce, value 1l. 1s., the goods of Robert Hampton , her master, in the dwelling-house of John Thompson .
NOT GUILTY .
NOT GUILTY .
First London Jury, before Mr. Recorder.
1464. RICHARD DAVIS CORBETT was indicted, that he, on the 28th of August , at St. Dunstan-in-the-West , feloniously did falsely make, forge, and couterfeit, and cause and procure to be falsely made, forged, and counterfeited, and willingly act and assist in the false making, forging, and counterfeiting, a certain warrant and order for the payment of money, purporting to be a warrant and order to Messrs . Child, & Co . , for the payment of sixty-six pounds 18s. 6d., to Mr. Price or bearer, dated Greenwich, August 28, 1833, and singed Charles Parr Burney, with intention to defraud John Wormald, and others his co-partners, trading under the firm of Messieurs. Child, & co.; against the statute , &c.
2ND COUNT, for feloniously uttering, and publishing as true, a like forged warrant and order for payment of money, well knowing it to be forged, with a like intent.
MR. ADOLPHUS conducted the prosecution.
MR. JOHN WORMALD . My father is a partner in the banking-house of Child, & co.; he has other persons in partnership with him - they carry on the business under the firm of Child, & Co.; there are more than two partners - on the day stated in the indictment, the prisoner came to the banking-house and brought this cheque and demanded the money for it - Dr. Burney has an account at our house - I stopped the prisoner and gave him into custody to an officer; he said his name was Richard Davis at first, and said he had the cheque from a Mr. Jones, and that he was to meet Jones at Woolwich - he said he had the cheque ot get the money and take it to Mr. Jones; that he was very slightly acquainted with Mr. Jones - (Dr. Burney's Christian names are Charles Parr - in consequence of some circumstances Dr. Burney had altered his mode of drawing by an agreement with our house which I understood) - the prisoner said he was to meet Mr. Jones at the Barrack Tavern that evening, or early the next morning; the Barrack Tavern is on Woolwich Common - I went with him to Woolwich the same day, in company with the officer and some others - I did not go to the tavern myself - I do not know anything of a Mr. Jones - I thought the signature was a forgery, both from the want of likeness to Dr. Burney's hand-writing, and from the
Cross-examined by MR. CLARKSON. Q. I believe it is the custom of your house not to pay any cheques not written in full? A. They are all written instead of being printed - Dr. Burney does not write different hands; it bears a very general similarity throughout.
COURT. Q. Do you mean that Dr. Burney's hand does, or that this paper does? A. No; Dr. Burney's hand does.
MR. CLARKSON. Q. There is no difficulty in deciphering what is his hand-writing? A. Generally speaking there is a great similarity - We have before paid drafts which were not his, which purported to be his - I had never seen the prisoner before to my knowledge; I did not receive the cheque from the prisoner's hand - I was close to the person to whom it was presented, and saw it presented by the prisoner - Geroge Lock is the person to whom it was presented; he is not here - the prisoner said he received it from a Mr. Jones; I went to Woolwich with him; he said that he was to meet Jones at the Barrack Tavern - I did not go to the tavern - I did not inquire for Mr. Jones at Woolwich - I have not had the cheque in my own individual keeping; when I received it I made such an inspection of it as enables me to say it is the same cheque - I was in the act of paying money at the time - it was put into my hands by Lock.
MR. ADOLPHUS. Q. And did you see the prisoner put it into his hand? A. I did; I had some conversation with the prisoner about it, after he was in another room - the cheque was present, and he knew of what cheque I spoke; it was the same cheque as Lock had put into my hand.
Cross-examined. Q. Does it occasionally happen that your hand varies? A. Not more than your's or anybody else's; I perhaps may have mistaken my own hand-writing, but never when I wrote a cheque.
Q. Can you take upon yourself to say you have not had an occasion, when you have doubted about that being your writing, which ultimately turned out to be so? A. The circumstance I believe to which you refer, is this, another cheque was presented at Child's, that cheque was returned to me as wanting the private mark agreed on by the bankers and myself; on receiving the cheque, I never troubled myself to see if it was real or forged; I simply looked to see if the mark agreed on was there or not, finding it was not there, I knew I had not drawn the cheque, and substituted for the cheque another with the mark - I never looked as to whether it was my hand-writing or not; it was returned to me simply as requiring that particular mark - I looked at it and thought I destroyed the cheque, but I destroyed only half of it, and on looking among some letters, this half cheque was found; I suppose that is what the allusion is made to.
MR. ADOLPHUS. Q. Allowing for a difference, in sickness or health, or any accident, can you tell your own handwriting, as well as other men can tell? A. I have no doubt of it; I swear this is not my hand-writing.
DANIEL FORRESTER. I am a city-officer. The prisoner was delivered to me by Mr. Wormald and Chadwick.
JOHN CHADWICK . I am the policeman into whose custody the prisoner was delivered when stopped at Childs' - I heard the question asked him about receiving the cheque; he said he had received it from a person named Jones, on the Tuesday - I did not go to Woolwich - I delivered him to Forrester - Child's is No. 1, Fleet-street, on this side of Temple Bar.
DANIEL FORRESTER re-examined. The prisoner was delivered into my custody at Guildhall - I went to Woolwich with him because he said he had received this cheque from Jones on Woolwich Common.
Q. In any house or street? A. On the common; he was to meet Jones there that evening, (Thursday) about half-past seven o'clock, or next morning about ten o'clock; I went to the Barrack Tavern with him, into a room which looked on the common; we waited till about half-past five o'clock; I said "Do you think he will come into a lower room, if so we will go down stairs"? and we went down stairs - no Jones appeared - he said he did not know him before; he did not say he had seen him at the tavern - we waited till about half-past five o'clock - something was said about the coach starting; he said, "I do not think it worth while waiting any longer," I said,"Mind, I will stay here if it is until nine o'clock," he said, "No, I do not think it is of any use waiting any longer;" he said nothing about going the next morning; I took this piece of paper from his person, here are some figures on it, he said the person gave it him, and that was how he was to get it cashed; I asked him as to the hand-writing on the back of it, he said he did not know there was any there, if there was, it must be there when given to him.
Q. Did he say anything about the man meeting him on the Common, and giving him the cheque? A. No; he said he had been to the Barrack Tavern on the Tuesday afternoon with Mr. Imms - I asked if Imms saw him with the man? he said, No, he did not think he did, as it was after he came out of the tavern.
Cross-examined. Q. The paper he said was handed to him by Jones when he gave him the cheque, describing how he was to get it changed? A. Yes; I beg to state the prisoner did not ask for any person named Jones in my presence while I was at the tavern - I asked the waiter if he knew such a person as Jones? he said, "No."(The cheque was here put in and read.)
GEORGE IMMS . I know the prisoner - I am superintendent at Woolwich, and collector to the Gas Light Company - I have frequently seen the prisoner write; I should say the figures in ink on this paper decidedly are not his hand-writing; I am not so positive as to the other- I would not take on myself to swear they were his - I should say no part of it was his - I do not know whose hand-writing it is.
Cross-examined. Q. Had you been on the Common with him on the day he states? A. I was on Woolwich Common with him on Monday, the 26th of August, and we went together to the Barrack Tavern - I occasionally parted from him - I ought to have explained
Q. During the whole time you have known him has he borne an irresproachable character? A. If he had not I would not have employed him - I have treated him as a brother.
COURT. Q. Has he borne a good character? A. I believe he has.
MR. ADOLPHUS. Q. It was Monday, the 26th of August when you asked him to dinner? A. Yes; he did not tell me he had a cheque about him dated the 28th of August.
MR. WORMALD re-examined. He presented the cheque on Thursday, the 29th of August.
GUILTY of uttering the forged order, knowing it to be forged . - Aged 30. Transported for Life .
1465. SARAH the wife of GEORGE LOCK , was indicted for stealing, on the 20th of September , 2 curtains, value 3s.; 1 shirt, value 3s.; 1 table cloth, value 1s.; 1 apron, value 6d.; 1 chair cover, value 6d.; 1 collar, value 2d.; 1 neckerchief, value 1s.; 1 pillow-case, value 6d.; 1 handkerchief, value 1s.; 2 decanters, value 10s.; 2 tumblers, value 1s.; 3 cruets, value 3s.; 2 saucers, value 1s.; part of a set of bed furniture, value 5s.; and 1 pickle-dish, value 3d., the goods of Robert Graham : 1 pair of earrings, value 1l.; 1 1/4 yard of silk, value 4s.; 1 handkerchief, value 1s.; and 1 pair of scissors, value 6d., the goods and chattels of Mary Graham : and 1 pen-knife, value 1s.; and 1 snuff-box, value 2d., the goods of Francis Robert Graham .
MARY GRAHAM . I am the daughter of Robert Graham , who lives in Gutter-lane, Cheapside ; he is a licensed victualler . On the morning of the 20th of September I observed the tops of my ear-rings in the prisoner's ears - she had been occasionally employed as a char-woman in the house for eighteen months; for two or three months together - I went up stairs to see if my drops were safe, and missed them, and I had missed some articles previously - I have since seen other property claimed by my father, and by my brother Francis.
ROBERT TYRRELL . I am an officer. I was sent for to Graham's; I found the prisoner there - Miss Graham had the tops of her ear-rings in her hand - I asked the prisoner where she lived? and she said she lived there - when the tops of the ear-rings were produced I asked the prisoner where the drops were? she said she knew nothing of the drops, but she picked up the tops in sweeping the room - I took her into the next room to search her - a knife dropped from her with the name of Graham on it, and this handkerchief slipped from behind her clothes with the initials of M. G. on it - I then went to No. 3, King's Head-court - I asked her which room she lived in? she said the second floor, and told me where the key was to be found; I found it where she described, and it opened the door; and I found keys on her which opened some drawers there; and in the drawers I found the ear-rings and the whole of the property I have here, except the bedcurtain, which was between the sacking and the bedstead- I have a table cloth, a shirt, apron, chair cover, coloured neck handkerchief, pillow cases, some children's tumblers, cruets, saucers, bed furniture, and a pickle-dish; some silk, a pair of scissors, pen-knife, and snuff-box.
Cross-examined by MR. CHURCHILL. Q. Is that all the account she gave? A. Yes; she did not tell me how she became possessed of them.
MARY GRAHAM re-examined. These are my earrings, but this pair are not mine; when I accused her of taking my earrings, (after seeing the tops in her ears;) she said she had broken her own the day before; these earrings are mine, and the scissors, and silk, and the handkerchief; I made the curtains - I know the shirt, table-cloth, and other things; the snuff-box and knife belong to my brother - I have examined them all, and know them to be our property.
Cross-examined. Q. Is your father's name Robert? A. It is; the prisoner has been treated confidentially in the family; some old dresses were given to her once - I have a sister married; her marriage was not known to my father for some time after it happened - the prisoner said it was not known to her.
Cross-examined. Q. Some articles were given her? A. Not a single article to my knowledge - I did not hear my daughter say some old dresses were given to her; I never heard of such a thing - if anything was given her, I never heard of it.
Prisoner's Defence. Those things there, I bought and gave 8s. 6d. for, in the New Cut; there never was a stopper to them - it was two years ago last March, when I nursed a person named Jones, over the water; the pepper-castor and mustard-pot I bought myself, and gave 1s. 6d. for in Sun-street, Barbican; and that vinegar-cruet, belonged to my grandfather; the earring drops I found in the chimney place, when I swept the room; and two days after that, I found the tops under the carpet which was turned up; I took them down into the kitchen, and laid them on the dresser, thinking to give them to Miss Graham, but she never came into the kitchen at the time; previous to that, her sister came up; and before that, I put one in my ear, and Mrs. Storey, her sister, saw it in my ear, and she sent me on an errand, and when I returned, I took it out and put it in paper ready for Miss Graham - I called her up, she said, "I am coming presently;" but she never came up until I was in custody.
MARY GRAHAM re-examined. I know the decanters, for we had half-a-dozen of them; two are at home now, and we have only four left - one of them is here - there is no mark on them; I know the pepper-castor, for we had three of them in an old-fashioned stand, but they were broken, and we took this for salad oil - I am sure
John Watkins, news-vender, No. 9, Jewin-street; William Windsor, printer, No. 3, King's Head-court; Joseph Dove , attorney, Thomas'-place, New-road; and Sarah Martin , gave the prisoner a good character.
MARY GRAHAM re-examined. The silk was in the drawer on the Monday before; the articles have been taken at various times - this knife of my brother's had been lost upwards of ten months, and a servant was turned away, because it was thought she took it; it is a silver knife, with my brother's name on it.
GUILTY . Aged 47. - Confined Six Months .
1466. GEORGE NICHOLLS was indicted for stealing, on the 26th of April , at Christchurch , 1 watch, value 3l.; 1 watch key, value 8s.; 1 pair of trousers, value 16s.; 2 waistcoats, value 24s.; 1 pair of boots, value 16s.; 4 shirts, value 16s.; 3 handkerchiefs, value 15s.; 3 pairs of stockings, value 4s.; 1 half-crown; and 1 shilling; the property of Charles Brady , in the dwelling-house of Ann Grace Cole .
CHARLES BRADY . I lived in the dwelling-house of Ann Cole , No. 1, Crown-street, Butcher Hall-lane ; she was the housekeeper; I cannot swear to the prisoner's person - I have seen him, but not to know him; I lost a watch, chain, seal, and key; a pair of trousers, a waistcoat, handkerchief, and stockings; and about 4s. in silver; there was a half-crown, a shilling, and a sixpence; they were worth more than £8 in value - I missed them all at one time; I kept them in my box locked up, in the same room I slept in; I found the box broken open on Friday, the 26th of April, last; and I found a pair of shoes in the room which did not belong to me - I had seen my box safe with the articles in it the night before - all the articles were in the box then, except the boots; I am certain I had placed them there.
ANN GRACE COLE . I live at No. 1, Crown-court, Butcherhall-lane, I keep the house which is in the parish of Christchurch, Newgate-street. On the 23rd of April, at near three o'clock, the prisoner came, and asked if I had a lodging - I said, I had part of a bed, he said he should want it three or four weeks, that he had left his wife in the country, and had been a few weeks in Bartholomew Hospital, he was now an out patient , and wished to be near; I wished a reference; he said he could not give one, as he had come from the country, but if I was dubious of his character, he would pay me before-hand; I said I was not dubious of it; he asked my charge, I said, 1s. 6d. a-week, and he threw me down 1s.; he left on Friday the 26th, about a quarter-past seven o'clock in the morning; he got up at eight o'clock each morning before, and always spoke to me as he went out, but on this occasion he did not speak to me; it was rather before my door was open; he slept in the same room as the prosecutor; there were two beds in the room; I did not discover anything until three o'clock in the afternoon; the prosecutor's brother, and a boy who slept with the prisoner, also slept in the room.
Prisoner. Q. Did not other people live in the house, and was not the room left open during the day? A. Nobody else had access to the room; there are lodgers in the first and second floors, but they have lodged with me three or four years; the door was not kept locked, but nobody could enter the house without my knowledge - the lodgers might go up to the room without my knowledge.
JAMES EBDEN . I live at No. 5, Three-horse-shoe-court. I lodged with Mrs. Cole, on the 26th of April; I recollect the prisoner sleeping at that house; I believe him to be the man; he slept there three nights, in my bed; the second night he was there, he asked me at what time the two young men in the next bed got up, (which was the prosecutor and his brother); I said one got up at the same time as me, and one got up before; on the morning of the 26th, Charles Brady got up first, and left the room; I left next, leaving the prosecutor's brother, and the prisoner in the room.
Prisoner. Q. What time did you hear of the robbery? A. I don't know exactly; I told the Alderman it was about one o'clock, Mrs. Cole told me of it.
Q. Did you not say your brother told you of it? A. Directly, my brother told me a robbery was committed at Mrs. Cole's, I went to Mrs. Cole's, and she told me; I did not say my brother told me of it while I was at dinner, because I did not go to dinner that day; I said nothing about dinner.
THOMAS BRADY . I am the brother of Charles Brady. On the morning of the 26th of April, I got up about six o'clock, and left the prisoner in the room in bed; nobody else was in the room; the box was safe as usual then; I took particular notice of the prisoner, he seemed very suspicious, and did not want anybody in the room to take notice of him; and on Thursday evening, I sat up and smoked my pipe while he was going to bed, and took notice of him.
Prisoner's Defence. I humbly beg to acquaint you that during my life, I have been brought up in a respectable family, and a large family of twenty-two brothers and sisters - I am the first of the family ever accused of theft; I know myself to be innocent; I never saw the property, it is the last thing I should have touched; I have been trusted where if I thought of doing wrong, I might have had hundreds of pounds in money and plate, in situations I have been in since I left business; I have been rather unfortunate; I kept an inn; I have been unfortunate by affliction, but as to honesty, my character was never questioned; I am not near my friends, who are upwards of one hundred miles off.
ANN GRACE COLE . He gave me the name of Fuller, I believe, but I am not positive - he never came back the morning after he left; he never gave me notice that he meant to quit the lodging - he was apprehended on the 27th of September.
GEORGE CHIDZER . I am a City policeman. I apprehended the prisoner in Brill's-head-court, King-street, Snow-hill, on the 27th of September, about ten o'clock in the morning - the prosecutor's brother came to me and
Prisoner. The prosecutrix, as I stood by the door, came in and passed me in the house, and I stopped some time myself talking to the landlady of the house, and went out again - if I had had any inclination to escape, I had plenty of opportunities - she was away some time before she brought the person belonging to the property - I never knew the woman - I went into the Cholera Hospital, in Greville-street on the 10th of August, and stopped there eleven nights, and had all my clothes burnt - but it was a different time that I was in Bartholomew Hospital - I have a certificate from the Cholera Hospital to show I was there, and afflicted with the malignant cholera.
Edmund Ireland, butcher, No. 3, Water-lane, Fleet-street, and Samuel Allen, a coffee-house-waiter, gave the prisoner a good character.
GUILTY . Aged 36. - Transported for Life .
JOSEPH ALLEN . The prisoner came to my employer's shop, (William Blissett, No. 13, Middle-row, Holborn ) - he took a hat and went away with it - I pursued him and took him with it in his possession in the City, opposite Fox-court, within the bars - I saw him take the hat; I pursued and never lost sight of him - I gave the hat to the officer.
Prisoner. Q. How do you mean I took the hat out the shop? A. You took it from a rail inside the shop - I am sure it was inside - I followed you; we had a scuffle, and I took the hat from you; that is you allowed me to receive it; I did not pick it up out of the road; I recollect I brushed it previous to tying it up in the shop - there was no mud on it at all.(Property produced and sworn to.)
Prisoner's Defence. The witness did not take the hat out of my possession, that I positively deny - I have been troubled with the severest poverty for two years; it was in a moment of urgent distress; I had not a place to lay my head - I have even gone to ballad singing to get bread - I have got a precarious lodging for the last two years, consequently can refer to nobody for whom I have worked.
GUILTY - Recommended to Mercy by the Jury .
Confined Three Months .
NEW COURT. Friday, October 18, 1833.
Second Middlesex Jury, before Mr. Common Serjeant.
GUILTY . Aged 29. - Transported for Seven Years .
WILLIAM THOMPSON. I live at No. 5, Sarah-place, Bethnal-green , and am a silk weaver ; the prisoner came to me as a servant on the Tuesday previous to her commiting this robbery; on Saturday, the 12th of October when my wife came down, she missed a gown and a shirt; I went after the prisoner to her father's lodging in Chicksand-street, but did not find her; I gave information to the policeman.
SARAH THOMPSON . I am the prosecutor's wife, the prisoner ran away with the gown and a shirt which she took out of a clothes basket, where I had seen them safe, three or four minutes before - she went out and left the door open; as soon as she was gone I missed them.
WILLIAM LEACH (police-constable H 97). I took the prisoner on the same morning at her father's lodging; I looked into her box, and found this shirt and two handkerchiefs, she gave me the duplicate of the gown; her father is a very industrious man, but her mother is in prison, she is a very bad girl.
GUILTY. Aged 14. - Recommended to Mercy .
Confined Six Months .
1470. MATTHIAS BAYNE was indicted for stealing, on the 29th of September , 2 pairs of trousers, value 4s.; 2 pairs of braces, value 4d.; 1 waistcoat, value 2s.; 1 jacket, value 1s.; 1 shirt, value 6d.; 1 pair of stockings, value 1s.; 2 handkerchiefs, value 2s.; 2 keys, value 6d.; and 8 shillings, the property of Henry Buck ; and one jacket, value 1s.; 1 hat, value 10s.; 2 handkerchiefs, value 3s.; and 2 keys, value 6d. the goods of Jacob Finck .
HENRY BUCK. I live at a sugar-house in Deal-street, Mile-end . On Sunday the 29th of September, I was in bed a little before four o'clock; I heard an alarm that a man had jumped out of the window; there were four of us who slept in that room, Jacob Finck , John Horne , John Hick , and me; I did not see the prisoner in that room when I awoke; I looked on my box where my clothes had been; I missed two pair of trousers worth 4s.; two silk handkerchiefs, worth 2s.; one shirt, worth 6d.; one pair of stockings, value 1d.; 1 waistcoat, value 2s.; and two pair of braces, value 4d.; I don't know how any one could have got into the room.
JACOB FINCK . I was one of the persons in this bed-room; I heard the alarm, I got up and missed my clothes which had been on the box by my side; I missed a hat, worth 10s.; one jacket, worth 1s.; two handkerchiefs, worth 3s.; and two keys, worth 6d.
HENRY MAGUIRE . I sleep in the adjoining room; I awoke early in the morning, I got up and went down stairs; I came up and went to bed, but laid awake, and soon after a man passed through the room with a dark jacket and a hat on, he got out of the window, and I heard a heavy fall, as if a man had fallen from the window- I got up, looked out and observed a man rising from the kennel in the middle of the street, he got up and went hastily away; he ran, but seemed rather to halt in running- I could not distinguish him.
ABRAHAM SCOTT (police-serjeant H 12). I was on duty that Sunday morning in Old Montague-street; I saw a man against some doors near Black Lion-yard; I asked him what was the matter as he was without shoes, and seemed to be in a great deal of pain; he said he had slipped off the pavement and hurt his ancle; I asked him where his shoes were, he said he had left them at No. 31, down below; he was about five hundred yards from the prosecutor's; I asked where he lodged, he said "At a publican's named Gill, past Whitechapel church;" I asked if it was near a public-house which a number of Germans used- he said, yes, it was at the corner of a turning; I asked if he had any money to pay for a cab, he said, "Yes," I sent Giles who was with me for a cab, and I assisted to get him into it; I told the cab-man where to go to - I had noticed the prisoner take off a hat with a small brim, and he had a blue jacket on - I received information about ten minutes after six o'clock the same morning; and went to the place where I desired the cab-man to go; I found the prisoner, he had this blue jacket on; this silk handkerchief was in the pocket of it; this hat and this handkerchief was by his side, as he laid on a bench - I asked if he had any keys, or any money belonging to the prosecutor, and he produced these four keys and 5s. 6 1/2d. which he said belonged to them - Buck then asked him in my presence where his things were - he said, he would find them all safe in the large engine-house, at Mr. George's; and he likewise said, "You will find my shoes there; a jacket of mine, and a hat;" I went and found it.
Cross-examined by MR. CHURCHILL. Q. He gave you his right address and you found him? A. Yes; he gave up the property without difficulty.
Cross-examined by MR. CHURCHILL. Q. Had you known him before? A. Yes, between one and two years, we were on good terms; he had a good character.
GUILTY. Aged 24. - Confined Four Months .
Recommended to mercy by the Jury and prosecutor .
GUILTY . Aged 24 - Transported for Seven Years .
WILLIAM TINDALL. I live in Browns-lane, Spitalfields ; the prisoner lodged in the same house with me - I had a gold ring in my drawer, worth 18s.; I had seen it safe the 2nd or 3rd of August, and I missed it four or five days afterwards - I had once shown the ring to the prisoner's wife - this is the ring; it has my wife's name on the inside of it.
The prisoner pleaded distress.
GUILTY . Aged 60.
Judgment Respited .
JOSEPH BAKER. I am a surgeon , and live in Park street, Grosvenor-square . The prisoner was in my employ as an errand boy , and left me on Saturday week - I missed several articles of jewellery while he was in my service; and among the rest a brooch worth 10s. - I did not miss this pistol, but it was found in his box; it is worth 5s. - I received information and sent for the prisoner - I accused him of having taken these things; he denied it; but when I sent for the officer he confessed that he had them - these are the articles.
WILLIAM RICHARDSON (police-constable C 140). I was sent for and took the prisoner - he told me his mother would give me the duplicate of the ring he had taken from his master; and I should find the brooch in his box; which I did and this pistol.
GUILTY. Aged 19. - Confined One Day .
Recommended to Mercy by the Prosecutor .
MATTHEW GRAY . I live in Rupert-street. On the 14th of September, about eight o'clock in the evening, I met the prisoner in Saville-row ; she accosted me and asked me to go with her, which I refused - she did not stay with me more than a minute and a half; she laid hold of me and began pulling me about, but when she found I would not go with her, she said, "Well, good night," and ran off - I felt in my left-hand waistcoat pocket and missed my purse, which I had felt safe the minute before - I ran after her; she turned into Clifford-street; when she found she could not get away she stooped down, and I saw her put her hand through some railings; I took her - she denied picking my pocket, and challenged me to give her into custody - I took her up Saville-street and found an officer; I gave her into custody, and we
Cross-examined by MR. JONES. Q. Are you married? A. Yes - I was quite sober; I did not stop with the prisoner more than a minute and a half - I did not speak to her first - I did not ask her to do anything - I did not lay my hands on her; I only put her hand away - there were four sovereigns in my purse, but no silver; I did not tell the prisoner I had no silver, or very little - I did not ask her to grant me any favour on the spot; I will swear I did not unbutton my trousers - I will swear I did not unbutton any part of my dress - she did not tell me she was not in the habit of exposing herself in the street, if I was - she did not say that I had acted very indecently, and very ungentlemanly towards her - it was not dark, the lamps were lighted - I did not ask her to take me home with her - she took hold of me; I could not have got from her but by violence - she had run forty yards before I overtook her - I will swear it was as far as that - she told me to give her into custody- I did not search her; I had hold of her till I got her to the officer - I distinctly swear I did not search her in the street, nor attempt it - when I took her, I said,"I know you have got my purse; if you will give it me I don't mind giving you a shilling to get something to drink".
COURT. Q. How did she lay hold of you? A. By my coat; I suppose she saw the top of my purse outside my waistcoat pocket.
SMITH JOBSON TAYLOR (police-constable C 111). I took the prisoner - I went to Clifford-street, and waited till they returned with a light; I then got over the rails of No. 19, and picked up this purse, containing four sovereigns - the prosecutor said he had lost his purse and four sovereigns.
Cross-examined. Q. Was it not a place where it might have dropped, if two persons had been standing there? A. No, it must have been thrown; it was six feet from the footpath.
Prisoner's Defence. We stopped at several places, and he asked me to do several indecent things, which I cannot describe - he wanted me to take him home, and because I would not, he asked me to go to Shepherd-street, and said he would give me what he had; I would not - he then went about a yard from me, and returned and said I had robbed him.
NOT GUILTY .
HENRY STORKS . I am an engineer , and live in Devonshire-street. On the 5th of October I met the two prisoners at the corner of Golden-lane and Barbican; they asked me for something to drink as it was cold - I asked what they would take, and I took them to a public-house; they had some porter and gin, and I had half a pint of beer - I had had some beer before that, at the time, I had been paid - I had perhaps drank two or three pots in the course of the day, but I was quite sober; after we had had our gin and beer, I went out with the two prisoners as far as Whitecross-street, where they said they wanted something to eat as they were hungry - I said there were no shops open, but I went into the Cat and gave them a biscuit a-piece, and asked them what they would like to drink - they said they should like a drop of wine; I said I could drink a drop, and we had some, which cost me 9d. - we came out, and they said they were cold, and asked me for a shilling to pay for their lodging - I gave them twelve penny pieces each to pay for their lodging, and I went with them to see the lodging paid - when I got there I took off my hat, and put my bag, containing 10s. in copper, into it; Dixon took up the hat and copper and ran off with it, and Brown ran off directly - I staid in the room till a man and a young lad came in; the man said, "You must quit this room, we want to let it to somebody else" - I said, "I shall not till I get my bag and my hat" - he went to put me out; I resisted, and he struck me - I found my hat in the corner of the stairs; I then went out and saw two policeman; I took them to the house; there was no one there - the officers then said they knew where to find them; they took me to another house, where we found the prisoners and the money.
Dixon. Q Did you not give us half-a-crown a-piece in copper? A. No.
STEPHEN PLANT (police-constable). I received information; I went to the prisoner's room in Davis-court, Chequer-alley; there was no one there; the house they live in is No. 5, but I had before that, heard some person run across the alley to No. 3; I went and knocked at No. 3, the door was opened by the landlady of the house; I saw the prisoners there - one sitting on a chair, and the other on the bed; I said I should take them all three into custody; the prisoner Brown then said, "Don't take Kelly, (which is the name the landlady goes by); I have the money, he agreed to give us half-a-crown a-piece in coppers, to sleep with us both;" she then gave me 7s. 10d. in copper, and Dixon gave me a penny; and there were five penny pieces on the table; they said they had met a gentleman in Barbican who gave them a shilling a-piece in penny pieces.
NOT GUILTY .
MARY TAYLOR . I live in Smith's-buildings ; about nine o'clock in the morning, on the 10th of October, I saw the prisoner knock at the door of an empty house opposite me; he staid about ten minutes, then went and pulled down a blanket which hung at the top of the Buildings to dry; he put it under his arm, and went away with it, and I went and told the person to whom it belonged - some people fetched him back, and I saw him drop the blanket where he took it from.
Prisoner. Q. Was I sober? A. No, you was drunk; you knocked at No. 7; you had lived at No. 8 - I saw you drop the blanket.
Prisoner. Q. I understood it belonged to Mr. Harris? A. I had it of him to wash, but it was in my custody.
PHILIP TAYLOR . I was at home about nine o'clock that morning; I saw a man go by with something; I could not tell what - in a moment there was the alarm of a thief; I went out and saw the prisoner squeezing the blanket closer to him; some person took him into custody.
Prisoner's Defence. I recollect nothing of it till I was at Worship-street; I had removed from those buildings the day before, and having met a friend that day, had something to drink; I went by mistake to the house which I had lived in, and in coming away, I dragged down the blanket to alarm the landlady, but not to steal it.
NOT GUILTY .
2nd COUNT, stating it to be with intent to rob him.
MR. DOANE conducted the prosecution.
JAMES NORRIS. I am groom to Mr. Minchin; on the evening of the 3rd of October, I had been to Uxbridge; and was returning on horseback from there about eight o'clock, to my master near Ruislip ; I was walking the horse and passing Mr. Clark's palings - I had a white drab coat on; the prisoner came out of the hedge under Mr. Clark's paling - he came by the side of my horse, took hold of the bridle rein, and said, "Money, or your life;" I said, "You don't mean that;" and whilst I was saying that, two other men came up; one of them took hold of the other side of the bridle at the horse's head, and the third person took hold of my arm, and with a stick, he hit me across the face, and dragged me off the horse on to the ground; two of them then kneeled on me, and the prisoner kicked me in two places on the side; I then saw the prisoner had an open knife in his hand, and with it he cut one of my waistcoat pockets down, and one of the others who had also a knife, cut my other pocket down at the same time; the prisoner then put his hand into both my small-clothes pockets and turned them inside out, but I had no money in them; the prisoner then said, "Murder the b-r"; I am quite sure it was the prisoner, as he was the person who first came up to me; I had a good opportunity of seeing him - it was then about twenty-five minutes after eight o'clock; I had left Uxbridge at eight o'clock, and had come about two miles, walking my horse; it was star-light - the moon rose about two minutes after eight o'clock; they had cut the rein of my horse, and the horse crossed over to the other side of the road - the men heard his footsteps there, and they left me and went away; I had bled a great deal where they struck me; here is the coat with the blood on it now - this is the waistcoat with both the pockets cut down; I bled at my nose, my mouth, and ears; here is the mud on my coat; and the reins which they cut - this was on Thursday night, and I saw the prisoner again on the Saturday morning - I saw a knife taken from the prisoner, it was somewhat like the one he cut my pocket with.
Cross-examined by MR. JONES. Q. Had you ever seen the prisoner before that evening? A. No; they were with me about five minutes - it was not a very light night; I saw the prisoner on the Saturday morning afterwards; he was then going to Mr. Clark, who is a magistrate, with my witness - he did not tell me he was going in consequence of its having been reported that he was concerned in this - I cannot swear to the knife found on the prisoner; I saw the knife when the prisoner used it, but I cannot swear whether it was a clasp-knife or a table-knife - I believe the knife found on him is such as persons in his situation are in the habit of using - it was twenty or twenty-five minutes past eight o'clock; it was not half-past - I had walked my horse all the way from Uxbridge, which was two miles- I had not my watch with me, I had left that and five sovereigns at home.
JOHN LARKIN . I am a farmer, and live at Ickenham, near Harefield. I have known the prisoner for eight years - on the evening of the 3rd of October, I saw him about eight o'clock, it might be five minutes before or after - he was near Ickenham church; he was running first, and there was a person behind him; that was about half a mile from Mr. Clark's premises - I passed by them, and went into a public-house; they were then standing still - there are three turnings there; one leads to Uxbridge, one to Ruislip - I staid in the public-house twenty or twenty-five minutes; I saw Norris the same night at a neighbour's house of mine - I saw the prisoner on the Saturday morning; he came to my house, knocked at the door, and asked if I was at home; I had seen him, and called to him to come in - he came in and said,"Master, I understand that you have given me a very pretty character - you have set it about that I am concerned in the robbing of this man" - I told him no, I had not, but from the description Norris had given of the man, I suspected it was him - he said directly,"I am innocent" - I said, "If you are, the groom and his master are coming to the magistrate at ten o'clock this morning, and if I were you, I would appear before him and prove myself so" - he went away, and about half-past ten o'clock, I saw Norris and his master come down; they did not stop at my house, but went on to the magistrate's - the prisoner came in about ten minutes after, and he said to me, "Master, they are gone down I understand, and I thought they might have stopped here" - I said, "No, they did not, but you had better go down and meet them" - he went out in the direction towards the magistrate's; he met two men whom he knew, and stood talking with them; I followed him and said, "Come Tom, we will go down together" - when we got to the magistrate's door, we met Norris on horseback; he said to me, "You are the person the magistrate wants to see" - I turned round, pointed to the prisoner, and said to Norris, "Do you know this man?" he said, "Yes, that is the man that stopped me, and I can swear to him from five hundred" - the prisoner made answer, "I am
Cross-examined. Q. Was not the place at which you saw the prisoner, about eight o'clock that night, in the direction to Harefield? A. A little; he could have gone to one place or another; there are three turnings - I have known the prisoner eight years, and never knew any thing dishonest of him - he has been a hard-working industrious man.
JAMES NORRIS. The knife the prisoner had was a short one, something like this.
Prisoner's Defence. I went to chapel that evening with several more persons, and I came back in their company, except for a little while, when a young man and I ran on; we stopped for the others, and they came up - I then went home, had my supper, and went to bed.
RICHARD WEATHERLEY . I am a labourer, and live at Ickenham. I have known the prisoner ever since I can remember; he was always an honest man - on Thursday evening, the 3rd of October, I met him against the stocks at Ickenham, about six o'clock, and we went together to the Meeting at King's-end; we came out of the Meeting about five minutes before eight o'clock - I came with him down to Ickenham, which is about a mile- his house is a little further; we walked till we got to Mr. Bunce's house, and then he and I ran a race down to Ickenham - we waited there while Mr. Brickard and Joseph Gregory and his wife came up; we then parted, and I bade him good night - it was then about half-past eight o'clock - I know Mr. Clark's park; it is about a quarter of a mile from the place where I parted from the prisoner - he went towards his own home, which was not in the direction to Mr. Clark's - it would take him about five minutes to walk home.
MR. DOANE. Q. Was it at the church that you parted with the prisoner? A. Yes, at Ickenham church; we went from the meeting to Ickenham church, and ran part of the way - we went no where else - we came out of the meeting about five minutes before eight o'clock - I had no watch, and did not see any clock.
JOSEPH GREGORY . I am a labouring man, and live at Ickenham. I know the prisoner very well - on Thursday evening, the 3rd of October, he went to the meeting with me; we got there about half-past six o'clock - he staid there till it was over about eight o'clock; we then walked down, about half way to Ickenham; then he ran on, and waited for us - we parted with him as near half-past as could be - it was within two or three minutes of that time when I got home; we came down right against the church, and my house is close by - the prisoner has been a hard-working man all his life - I never heard of his doing any thing amiss.
MR. DOANE. Q. Was any body else with you? A. Yes, several went with us; I walked with the prisoner about half way to Ickenham when the meeting was over, and then, as it was cold, he and Weatherley ran on, and when we got to Ickenham they were there.
HANNAH STINT . I am a widow, and live at Ruislip. I know the prisoner; he lives at Ickenham with his father and mother - on Thursday evening, the 3rd of October, I saw him at the meeting at King's-end; he was there all the time till we came out, which was about five minutes before eight o'clock - he went one way and I another - I never heard any thing but honesty of him all his life.
THOMAS GODLIMAN . I am the prisoner's father; he lives with me at Ickenham; I am a labourer; on the 3rd of October, he came home about twenty minutes before nine o'clock at night - I do not know what time he went out as I had not then come home from work - he did not go out after he came home - my house is about a quarter of a mile from Ickenham Church.
MR. DOANE. Q. How came you to recollect the time that night? A. I was just going to bed and I make it a rule to look at the clock when I go to bed - I have always stated the same time as I do now; I have never said it was a quarter before nine o'clock when he came in - I will swear I never said so - I will positively swear that he came in about twenty minutes before nine o'clock, according to my clock.
MR. JONES. Q. Does your clock keep correct time? A. I cannot exactly say that.
COURT. Q. Do you look at the clock every night? A. Yes; I generally go to bed between eight and nine o'clock; I cannot tell what time I went to bed on the 1st of October, nor on the 5th, but I can remember going to bed at twenty minutes before nine o'clock on the 3rd, by the children saying about my son coming home on that night; they reminded me of it after the charge - my son did not go out again that night - I heard him come to bed, but he did not come into the room I was in; if he had gone out I must have heard him.
JAMES WINCH . I am a groom and live at Ickenham; I have known the prisoner for the last six years - on the 4th of October he assisted me to kill a pig, he gave me the knife to stick it, and he stood before me; some of the blood went upon both of us - I do not know what part of the prisoner's dress it went on.
MR. DOANE. Q. Who are you groom to? A. To Mr. George Hawkins, but I kill for any person at my dinner or breakfast time; I always have a person to assist me to kill pigs; it is usual so to do - it was about two o'clock on Friday, the 4th of October, that the prisoner assisted me to kill the pig, at Mr. Treadaways, at Ickenham.
SPENCER HOWARD . I am a mealman, and live at Hillingdon, on the night of the 3rd of October, I was returning from Ruislip, and between there and Ickenham, I passed two men, one was a short stout man with a straw hat and a coloured handkerchief on; it was between six and seven o'clock; I stopt at Ickenham twenty minutes and between there and Uxbridge, I passed them again.
NOT GUILTY .
Cross-examined by MR. CLARKSON. Q. I take it for granted the man was an old acquaintance of yours? A. No; I never saw him before - it was about eleven in the morning - I was looking at him for about a minute - I cannot think that I can be mistaken in his person - his face was towards me - my sight is very good; he was between the window and the place he took the coat from - he had the coat on his arm and bent his head down till he got out of the window - I cannot tell how many seconds there are in a minute; I know there are fifteen minutes in a quarter of an hour - he had a black handkerchief on; the coat he had on was a green one - and a dark waistcoat - this coat was found just outside the window which he got out at - I could always distinguish one person from another - I was not frightened when I first saw the man, but I was afterwards - it startled me when he got out of the window - I cannot be mistaken in his person.
HENRY ALLEN . I live at No. 6, Wilson-place, Little Chelsea, and am a gardener; I was at work that morning; and heard Edward Bradfield call out "Stop thief" - I saw the prisoner running in a stooping form in Thistle-grove; I saw him throw something over the hedge - I then opened my master's garden gate and took him - I gave him to the prosecutor - the coachman and I went over the hedge and found these silver spoons - I am sure the prisoner is the man.
Cross-examined. Q. You did not see him come from the prosecutor's house? A. No; I only saw the coachman running, because I turned to the left - there might be other persons running - I had never seen the prisoner before - I found nothing on him.
EDWARD BRADFIELD . I am coachman to the Rev. Mr. Baker. On the 5th of October, I heard the cry of"Stop thief" I ran towards the gate and saw Barker; she told me the man had gone running down the walk - I ran down and saw the prisoner about half way down, come up a turning, I called; "Stop thief," he then ran in a bending form as if he had been doubling something up - this is my son's coat; I paid for it - Barker picked it up.
Cross-examined. Q. You know nothing of the prisoner being on the premises? A. No; my son is fourteen years of age; he is in the service of the same master as I am - I find him in clothes, and he sleeps at home; his master finds him in food.
Prisoner's Defence. I was going to Fulham after work- I heard a cry of "Stop thief," and ran as other persons did.
GUILTY . Aged 40. - Transported for Seven Years .
1479. THOMAS CARDWELL was indicted for feloniously receiving, on the 1st of September , 1 saddle, value 3l. 10s., the goods of Hugh Richard Hoare , Esq ., which had lately before been stolen, well knowing it to have been stolen .
MR. DOANE declined the prosecution.
NOT GUILTY .
JOHN HAYWOOD . I live with my brother, William Haywood , at No. 81, Oxford-street . The prisoner was in his employ - on the 30th of September I gave him a 10l. note of my brother's to get change; he came back, and said he could not get it; I then sent him with it again to Tottenham-court-road, where I thought he could get it, and he never returned - he had been four or five months in my brother's employ, and had a good character.
JOHN RESTIEAUX (police-constable E 49). I received information, and went to Ratcliff-highway, where I took another lad; I went with him on board a collier, and took the prisoner - the prisoner said to the other, "Frank, we went on a Monday - and we are taken on a Monday; don't be in a hurry, go down and get the things we bought with Mr. Haywood's money" - the prisoner told me he gave a man 30s. to get him a ship, and also the boy Humbley.
Prisoner. I am very sorry I was enticed away.
GUILTY. Aged 18.
Recommended to Mercy by the Jury and Prosecutor .
Confined Fourteen Days and Whipped .
Second London Jury, before Mr. Sergeant Arabin.
JOHN ELLIOTT COULSON . I know the prosecutor's shop- he is a pawnbroker , and lives at No. 105, Bishopsgate-street . On the 12th of October I was passing the shop; I saw the prisoner try to take several things outside, she then went into the shop, and took this shirt, and came out putting it under her shawl - I took hold of her, struck me in the eye, and ran off - I had taken the shirt from her, and I crossed the road and took her.
Prisoner's Defence. What he says is false.
GUILTY . Aged 17. - Transported for Seven Years .
THOMAS TIPPER (police-constable F 152). On the 25th of September I was in Fleet-street ; I was not on duty, but I saw the prisoner and another in company; they went behind two gentlemen, and the prisoner drew from one of the gentlemen's pockets a handkerchief, and passed it to the other, who ran off; I secured the prisoner, and a gentleman who was passing by, took the other, with the handkerchief - I took them both into custody - I went to the gentleman who had lost the handkerchief, and asked if this was his property? he said it was - I said the magistrate was sitting at Guildhall, and asked him to go there with me - I went on with the prisoner and the other, and when we got to St. Paul's Church-yard a City police-officer, No. 29, came to me and said, "They are my prisoners;" I said, "No, they are mine -
"he said, "They are not;" I said, "Yes, they are, and the gentleman is following me" - he went to the gentleman, and then came to me again and said, "The gentleman will not prosecute;" I said, "Then I will" - he again said, "Let them go;" I said, "I will not -
"the prisoner then said, "Let me go;" and he struck me, and he and the other got off - I went on to Guildhall to lodge a complaint against the officer, and while I was there the prisoner was brought in- this is the handkerchief - I don't know the gentleman, nor his name; he went away.
Prisoner. It was taken from another person, not from me; I was on the opposite side of the way, and the officer collared me, and said I had been robbing a gentleman which I had not.
GUILTY . Aged 20. - Transported for Seven Years .
MR. CHURCHILL conducted the Prosecution.
RICHARD SAMUEL SPARKS. I am a carpenter , and live at No. 26, Tash-street, Gray's Inn-lane. I was at work in the Inner Temple on the 11th of September; I left my saw in my basket in the roof about eight o'clock in the morning, I returned at half-past ten o'clock, and my saw was gone; I saw it again at Guildhall - I have seen the prisoner, he is a lamp-lighter in the Temple.
THOMAS GILLARD . I am a carpenter , and live at No. 11, Duke-street, Lincoln's Inn-fields. On the 11th of September I was at work in the Inner Temple; I left this saw in my basket in the roof that morning; I returned at a quarter past ten o'clock; the saw was gone - a person could get up by means of a ladder which was there - I have seen my saw since.
Prisoner's Defence. A young man met me and asked me to pawn them.
GUILTY . Aged 17. - Confined Six Months .
MR. SCARLETT conducted the prosecution.
NANCY BONIFACE . I am the wife of George Boniface ; he is a confectioner, and lives in Greenwich-road - I kept a stall at Bartholomew fair , and on the 5th of September, in the evening, the prisoner came to my stall for half a pound of sweetmeat nuts, which came to 6d.; he gave me a crown piece to pay for them; I told a woman to ask my daughter if it was a good one; she sent word that it was; and I was about to give the prisoner change; he then said, he had half-pence enough, and he took the crown piece back and produced 3 1/4d. from his pocket - I said,"That will not do, that is not 6d." - he said, "Take the crown piece again," and he offered me one; but this good woman, who was there, said, "That is a leaden one," and I charged him with having changed the crown - he said, "Give me the crown back, never mind" - the woman said, "No, I shall not give it back," and I kept it till the officer took the prisoner.
Prisoner. When I first gave you the crown piece, did not the good woman bring it back from the further end of the stall, and you said, you had not got change? A. No, I was going to give you change.
FRANCES RINGROSE CARVER . I was by the prosecutor; I saw the prisoner give her the first crown, and she gave it me to ask her daughter if it was good - I turned to her daughter, who was not a yard from me, and said,"Nancy, is this a good one?" she said, "Yes" - it was not out of my hand - I gave it to the prosecutrix, who gave it to the prisoner, and I saw him give her another crown piece, which was a bad one - I told him it was bad, and he wanted it again, but I would not let him have it - I never let it go till I got to the Compter.
Prisoner. She took it to the further end of the stall when I first gave it, where there was a man and some women. Witness. I took it to the end of the stall, there was a man and some women there - I did not say, I had not change.
JOHN WHITEHOUSE . I am an officer. I was on duty at a quarter before eight o'clock that night, and the prisoner was given into my charge - I received this crown at the Compter - I found two good crowns on the prisoner, and 2 1/2d. in copper.
Prisoner's Defence. I throw myself under your protection - I gave her the crown; she took it to the end of the stall, and said she had not change - I said, I had not change enough, and I gave her the same crown back; she said it was bad, and she should keep it - I said "You shall not keep my crown," and she charged the officer with me - I did work for Mr. Bulmer in Covent Garden-market, and since then I have followed the markets - I have a young helpless family.
GUILTY . Aged 55. - Confined One Year in the House of Correction .
MR. SCARLETT conducted the prosecution.
GEORGE CRAWLEY (City police-constable No. 61). I took the prisoner on the 16th of September - I saw him and another go to a shop - the other went in, and the prisoner stood at the door - I went and took him to the watch-house - he gave up these eleven half-crowns, and said he got them from a man in Smithfield, whom he would show me, and who was the maker of them - Waller went with him, and he pointed out Robson, who was taken into custody - we went to Robson's house, and found some moulds, and three more half-crowns, which we have - those which the prisoner had were wrapped up in silver paper.
Prisoner's Defence (written). I met the other prisoner in Smithfield, when he asked me as a favour to take care of the money that was found on my person; in a short time after I was taken into custody by a policeman, who asked me how the money came into my possession; I immediately pointed out the man who gave it to me.
GUILTY . Aged 29. - Confined Six Months in the House of Correction .
1486. HANNAH WELCH was indicted for stealing, on the 14th of September , 2 pencil cases, value 5s.; the goods of John Smith , her master; and 3 ear-rings, value 3s.; and 1 night-gown, value 6s., the goods of Sarah Ann Swaby .
HENRY JOHN NIBLETT . I am a pawnbroker, and live at No. 81, Farringdon-street. On the 19th of September, the prisoner came to pawn a night-gown, it was defaced in the bosom, and I gave her in charge to an officer; but she had previous to that offered two broken pencil cases, and three broken ear-rings to sell; these are the articles - the night-gown is much superior to what a servant would wear, and the mark has been cut out.
LOUISA MILES . I live servant with Mr. John Smith , No. 40, St. Mary Axe - the prisoner was cook there for fifteen months; she had not left on the 14th of September - this night-gown is Miss Sarah Ann Swaby 's; she is my mistress, and keeps the house for Mr. Smith - these ear-rings are hers, and these two pencil cases are my master's; I had seen them in the study.
The Prisoner put in a written defence, stating that it was her intention to have redeemed the property and return it.
GUILTY . Aged 30. - Confined Three Months .
EBENEZER GOLDING. I am a boot and shoe maker - the prisoner was in my employ; he lodged in my house - he had been out drinking, and in the evening he came to me for money; he was intoxicated, and I said, I would not give him any - while he was talking the foreman came down and said there was a sheet missing - I went up and found it was so - I got the officer, who found the duplicate on him.
Prisoner's Defence. I did not pawn it.
GUILTY . Aged 44 - Confined Three Months .
ROBERT NASH . I am a linen-draper , and live at No. 23, Aldgate ; on the 14th of October, the two prisoners came at half-past two o'clock; I was serving a customer at the time - I went and spoke to the prisoners, they said they wanted to look at a piece of print; I told my wife to attend to them, and when I had done with my customer, I came to the prisoners; I measured eight yards off one of the prints for Brown; I did it up and then they had not money to pay for it, but said they would leave me a shilling on it - I thought there was something particular in their manner, and kept a sharp look on them; I then saw the corner of this print hanging below Field's clothes - I went to the door and got an officer, and while I was doing this the print was dropped on the floor, and Brown tried to put it on the counter, but had not time to do it.
Field. He never served us at all; a woman served us; I asked for some calico, and shoved the print off the counter.
RICHARD WILLIAM PARKER. (City-police-constable No. 92). I took the prisoners and have the print.(Property produced and sworn to).
Brown's Defence. I went out, but not with intent to purchase the gown; I saw one I liked and went in to look at it; I told the lady I could not take it with me, would she allow me to leave a trifle on it; she said certainly, I said I would call in an hour for it; this print was pushed down by some handkerchiefs; I picked it up; it was not quite on the ground.
Field. It is my first offence, I have two little children, one of whom is dying with the measles.
BROWN - GUILTY . Aged 22.
FIELD - GUILTY . Aged 31.
Confined Nine Months .
Thames-street ; on the 25th of September, the prisoner came about the middle of the day; he had a glass of porter, and asked the price of a lodging; I said we slept no one under a shilling; he placed a shilling on the counter; I asked if he had any baggage, he said "Yes, on board the vessel, but he wished to sleep on shore;" I told him not to make it late - he came between ten and eleven o'clock that night, and after he had been there a short time, he asked me for a pen and ink, which I gave him and he wrote a note - he had a sheet of brown paper by his side, which had a pair of blue trousers in it - I saw them plainly - he soon after went to a bed which had two sheets on it - the next morning about nine o'clock I head a talking; I came down and heard that a sheet was missing, and he had been seen going out with it - my son called the officer - this is the sheet.
MARY HICKEY . I am servant to the prosecutor; I made the bed, and when I went up with the prisoner to bed, there were the two sheets on it - I called him up in the morning - when he came down I went up and missed one sheet - I went down to him, and told him so - it was wrapped up in this paper.
Prisoner. I went and took it up again into the room.
Witness. Yes, he took it up again.
Prisoner's Defence (written). Peculiar and pressing involvements so entangled me at the time of this unhappy occurrence, that I confess with shame, my having, in the first instance, contemplated the paltry theft of which I am now accused, and for this purpose, having removed the sheet from the bed. But reflection, my Lord and Gentlemen, while it reminded me of the unworthy and degrading nature of the crime, likewise induced me to abandon its commission.
GUILTY Aged 23 - Confined Three Months .
OLD COURT. Saturday, October 21, 1833.
First Middlesex Jury, before Mr. Common Sergeant.
1490. HANNAH HUTCHINSON was indicted for stealing, on the 15th of September , 1 box, value 5s.; 1 smelling-bottle, value 3s.; 1 brooch, value 50s.; 1 ring, value 30s.; 1 neck chain, value 5s.; 1 ring-case, value 6d.; 4 table-spoons, value 3l.; 1 milk-pot, value 50s.; 1 thimble, value 1s. 6d.; 5 tea-spoons, value 25s.; and 1 snuff-box, value 6d., the goods of Martha Newberry , in her dwelling-house .
MARTHA NEWBERRY. I live at No. 42, Percival-street, St. James', Clerkenwell : the prisoner lived with me as servant - on Sunday, the 15th of September, I left home in the morning - I left her at home, and gave her permission to go to church, as the lodgers were at home she was to stop at home afterwards; I was sent for in the evening, and came home, between seven and eight o'clock, and when I got home I saw part of my property had been taken away, and part of it laid in the passage - there was a milk-pot and four table-spoons - the prisoner was not present - I had left the milk-pot and table-spoons in my cupboard some days before - I had locked the cupboard that morning, but had not seen them then. I went up stairs, and perceived a small mahogany box had been taken out of the cupboard. I immediately went in search of the prisoner; my brother-in-law went with me to the station-house, and there I found her - the box contained a pearl brooch, a pearl ring, a smelling-bottle, a silver thimble, and a few other trifling things - I value the milk-pot at 50s.; the four table-spoons at 3l.; the pearl brooch about 50s.; the pearl ring at 35s.; the smelling-bottle at 3s.; the silver-thimble at 1s. 6d. - they were altogether worth much more than 5l. - they are all my property, all that I have named - (looking at the property) - this is my milkpot and spoons - this box is mine; the lock is broken open - the lock of the cupboard was not broken open - this pearl brooch and ring and smelling-bottle are mine - I had not seen the contents of the box that morning; I had seen them on Friday night.
THOMAS KELLY , (police-constable G 224). On Sunday, the 15th of September, I was at Bunhill-row station-house on duty, I received information, and went with Mr. Murch, the prosecutrix's brother-in-law, into Playhouse-yard, Whitecross-street, and saw the prisoner going along the street - I knew her from a description I had of her, and secured her - I took this box from under her right arm; there was nothing in it then. On searching her, I found these articles in her bosom - she was better than a mile from Percival-street - I thought she might be there, having been told her friends were Irish people - it was about eight o'clock in the evening.
ELIZABETH MURCH . I live at No. 42, Percival-street, I came home about half-past six o'clock - I knocked at the door, and went in - I went down stairs as usual, and found a little box, which I had locked in my drawer, open; I found I had been robbed - I found some of the prosecutrix's plate brought back in the passage along with mine.
GUILTY of stealing, to the value of 39s. only .
1491. HANNAH HUTCHINSON was again indicted for stealing, on the 15th of September , 7 spoons, value 2l.; 1 pair of sugar-tongs, value 14s.; 1 segar-holder, value 1s.; 1 pencil-case, value 1s.; 1 penknife, value 1s.; 1 thimble, value 1s. 6d.; 4 shillings and 2d. in copper monies , the property of William Murch .
ELIZABETH MURCH . I live in Mrs. Newberry's house, and am the wife of William Murch . On Sunday, the 15th, I left home about two o'clock, and returned between six and half-past six, and found my drawer open, and missed a pair of table-spoons, a pair of sugar-tongs, a pair of salt-spoons, and other articles, which I produce. I heard a knock at the door, after my husband had gone to the station-house, and when I went to the door, I took in a basket, which I gave to a witness, who said "Dont be alarmed, here is your property brought back" - it contained my property; I found my drawer broken open, which I had locked when I went out.
Prisoner. I did not break the drawer open: I opened it with a key.
CAROLINE MURCH . I am the daughter of Elizabeth Murch - I am ten years old. About seven o'clock, on the 15th of September, my mother sent me out to look for my aunt, and as I came back, I saw the prisoner going down
ELIZABETH MURCH. The penknife and thimble are mine.
GUILTY of stealing knife and thimble only. Aged 14.
Transported for Seven Years .
First Middlesex Jury, before Mr. Baron Vaughan.
1492. WILLIAM TREEN was indicted for, that he, on the 27th of July , feloniously did forge, and counterfeit, and cause to be forged, counterfeited, and resembled upon certain silver plate, to wit, 2 silver spoons, made and wrought in Great Britain, the impression of the mark of the King's Head, used in pursuance of a certain Act of Parliament, for the purpose of marking such plate by the Goldsmith's Company, with intent to defraud out Lord the King , against the statute, &c.
10 OTHERS COUNTS, varying the manner of laying the charge.
MR. ALLEY conducted the prosecution.
JOHN COOK. I am a silver spoon polisher, and have been employed by the prisoner a little; he lived and carried on business at No. 3, Essex-street, Battle-bridge - he came to live there before April last; he took the house for Mr. Hawkins in the beginning of the year - Hawkins lived in the house from January till the beginning of May - he then went away, and the prisoner lived there from that time, and was a silver spoon maker - Bates, a silver polisher, lodged with Hawkins, and with the prisoner, after Hawkins left - on the 27th of July, I was employed by the prisoner to pawn two gravy spoons, at Mr. Wood's, in St. John-street - I believe I got 2l. 10s. on them - the prisoner went very near Wood's shop with me.
Q. Did he assign any reason for not going himself? A. I being known there; I pawned them with Mr. Wood, I gave the money to the prisoner - I do not recollect pawning any thing else at Wood's about that time; I do not think I pawned any thing in May - I pawned other things for the prisoner afterwards; I think it was in August - I do not recollect pawning any other spoons in May - I believe I have only pawned plate for the prisoner twice; I have pawned things for Hawkins - Hawkins went away the beginning of May, or in April, I do not know when exactly - I do not pawn for him after he went away - if I pledged any plate at Wood's in May, it was for Treen.
COURT. Q. Have you any knowledge, one way or other, whether you did? A. I do not recollect; I think it was in May that Hawkins left the house.
MR. ALLEY. Q. Pray have you a son? A. Yes; he went with Hawkins - I do not know the date at which he left; it was in the beginning of May, I think - I never pawned any plate at Wood's, but for Hawkins and the prisoner - I do not know whether my son is in this kingdom.
Cross-examined by MR. CLARKSON. Q. The prisoner was a spoon polisher in Hawkins' employ, like yourself was he not? A. Yes; Hawkins was a manufacturer - he supplied Mr. Savory; the prisoner and I used to polish the spoons - I cannot say at what time in May Hawkins left - he absconded in consequence of something which happened.
Q. And you men were left behind to do as you could? A. Yes; I have heard that Hawkins and my son are gone to New York together - the variable letter on plate, to denote the present year, is "S" - "R" was the letter for the year before; "Q" and "P" for the two previous years.
Q. Then from "A" down to "S" the letters have run on? A. There was some letters left out - a person forging a mark twelve months ago might have good reason to believe the letter would be "S" this year, as the last was "R" - the prisoner gave me the spoons to pawn at Wood's because I was known there - knew him as well, I believe.
MR. ALLEY. Q. Do not you know that the form and shape of the letter, and the size depends on the order of the Commissioners? A. I have not noticed that.
Q. You have been asked whether the prisoner was not a polisher; was not he a manufacturer as well as a polisher? A. He could make; I have seen him help Hawkins to make.
COURT. Q. After Hawkins went away, to your knowledge, has the prisoner carried on the business of making plate? A. A little; his name is not over the door as a manufacturer - I had been about twelve months in Hawkins' service, on and off; I went to work, at intervals, when he wanted any body - I do not recollect any plate being made with the letter "S" on it, while Hawkins lived in the house; I think there was - I do not exactly recollect - while Hawkins was in the house I do not think there were any spoons of that description; there might be some, but I do not think I have seen any - Hawkins could put what he pleased on them, without my knowing any thing of it.
SAMUEL JAMES WOOD . I am a pawnbroker, and live in St. John-street. I recollect, on the 27th of July, Cook bringing two gravy spoons, on which I lent him 2l. 10s. - I believe he had pawned some previously, but I did not take them in myself; I put the two spoons into the plate closet, with other plate, and have kept them in my possession ever since; they were produced at Bow-street, and I believe the prisoner had them in his hand - I have the counterpart of the duplicate, and the counterpart of the duplicate of the other plate.
JOHN COOK re-examined. I cannot recollect when Hawkins went away; I think it was in May - I do not know when it was - I believe it was the middle of May.
JOHN COOK. Treen gave me the plate I pawned on
MR. CLARKSON. Q. Can you tell whether, when Hawkins went away, he left any of these spoons behind him, or not? A. I think he did; I do not know whether it was these spoons - I mean some spoons - he might have left silver spoons behind him.
COURT. Q. Do you mean silver spoons of this description, mark, and size? A. I do not know, my Lord; I do not know whether he left these identical spoons, or any of this description behind him.
JEREMIAH FULLER . I am Deputy Assay Master to the Goldsmith's Company. When a person sets up as a manufacturer of plate, it is the custom to enter his name and place of abode, and his mark at the Hall, with the Assay Master - he brings a punch with his initials on it, and an impression of that is made on a pewter plate - it is also entered in a book, that we may know his mark- he signs the book in which he enters his name - I produce the book and plate - he does not leave the punch; it is to impress the plate brought to our office, so that we may know exactly who the plate belongs to, if we have occasion to look at it - the present entry in the book is " William Treen , Spoon-maker, No. 3, Essex-street, Battle-bridge" - this is dated, "11th of January, 1833" - I witnessed the entry - the variable letter is declared on the 28th of May, at which time the Wardens are elected - the letter for this year is "S;" it is usual to have the letter always in the same form and size, and it was so at this time - "R" was the letter for the preceding year; "Q" the year preceding, and "P" the year preceding that; they run on consecutively, according to the alphabet - they have not varied for a length of time that I know of - there are different punches for different kinds of plate - the variable letter is always the same size for spoons.
Cross-examined. Q. If anybody has suggested it is sometimes large and sometimes small, they know nothing about it? A. Certainly.
MR. ALLEY. Q. Does the "S" stand by itself, or is it attached to anything else - is there a shield round it? A. There is; and that is always the same.
Cross-examined. Q. Have you any recollection of the prisoner's person when his name was signed? A. I have; and I know it was him.
JOHN COOK re-examined. Q. Did Hawkins continue to act as master of the business, and conduct it till he went away? A. Yes; Treen did not take to the business till the other went away - Hawkins passed by the name of Wilson, from January until May.
COURT. Q. Do you know whether it was in consequence of any difficulties Hawkins had got into, that Treen's name was used from the month of January? A. Yes; Hawkins continued to all intents and purposes, the master of the business until he went away.
JEREMIAH FULLER re-examined. Plate was sent between January and May in Treen's name.
JOHN SMITH. I am the engraver to the Company -(looking at the spoons pawned on the 27th of July) - the king's head on these, (which denotes the payment of the duty,) is a false impression; it is a forged head; it is counterfeit - the duty is 1s. 6d. an ounce.
SAMUEL JAMES WOOD. The duty on a pair of spoons like these, would be about 12s.; that would be about eight ounces.
NOT GUILTY .
There was another indictment against the prisoner for forging the mark of the leopard's head on six silver spoons, upon which no evidence was offered.
Before Mr. Justice Park.
1493. THOMAS JAMES RICHARDS was indicted for stealing, on the 21st of May , at St. Marylebone, 1 watch, value 20l.; 1 watch-chain, value 7l., and 1 watch-hook, value 2l., the goods of Susan Ebrington , in the dwelling-house of Susan Ebrington , and Maria Crook .
MARIA CROOK . I am single, Mrs. Susan Ebrington is my sister. At the time of the robbery I lived at No. 29, Upper Seymour-street, in the parish of Marylebone ; my sister and myself were the joint housekeeper s; she is a window - we now live at No. 59, Upper Berkeley-street; we moved there at Midsummer - on the 21st of May, the prisoner came to our house; I spoke to him for ten minutes in the drawing-room - I never saw him before; he came about twelve o'clock, and brought a card to view the house, from our agent - the servant shewed him the parlours and kitchen, and ther into the drawing-room (there was a bill up to let the house) - I came down from my bed-room into the drawing-room to him; the servant had left him sitting there; I found him alone in the drawing-room; he was coming out of the room, and was on the first stair going down - I did not speak to him then, for the servant-maid came at that time, and said he could see the bed-rooms; and he went up-stairs with her - I waited at the drawing-room door till he came back, just within the room, and I desired him to walk into the drawing-room for a few minutes, as I wished to ask him some questions - I asked him if he thought he should take the house; and if he took it, would he take the fixtures - he said, most likely he should take part of them - he said Mrs. Phillips was in the neighbourhood, and he would go and fetch her directly - he went away in a great hurry, and never came back; he went down stairs so fast, the servant could hardly open the door soon enough. My sister was up-stairs; she came down in about ten minutes, and went to the work-table drawer, where the watch had been - he had sat so near the work-table, that he could put his hand into the drawer - directly she came down, she went to see what was o'clock, and the watch was gone - I had seen it in the drawer a quarter of an hour before; it was a gold watch, with a gold chain, a gold watch-hook, and gold key; they were all gone, and were worth about 30l. together - no other stranger had been in the house that day but him - I was speaking to the prisoner for about ten minutes; I am quite certain he is the man; I have seen him twice before - I should know the watch again - he was near enough to the table to hear the watch tick; because I have sat in the same seat, and could always hear it tick in the drawer.
Prisoner. When you called on me, to recognise me at the prison you looked round; there was not more than
Prisoner. A gentleman came with her, and said,"That is the man." Witness. I had no gentleman with me at all; nobody pointed him out; I said, "That was him" - the sergeant was there; he did not point him out - there was a servant with me, but she had never seen him.
DANIEL NEWTON . I was servant to Mrs. Ebrington and Miss Crook, in May - I remember the person coming to look at the house; he came with a card - I showed him the parlours and the kitchens, and then took him into the drawing-room; he looked round, and the lady sent down word, that he must wait a few minutes before he could come up to see the bed-rooms; I asked him to sit down a few minutes in the drawing-room - I believe the prisoner to be the man, to the best of my knowledge; I have seen him twice before - I let him out afterwards; he was in a hurry to go out - there was no other stranger there until after the watch was missed; it has not been found - he was apprehended about a month ago.
Prisoner. Q. When you were examined at first, was not I pointed out by a policeman? Witness. No; I said, if ever a person there was the man, that was him.
Prisoner's Defence. I deny being at the place at all.
GUILTY . Aged 53. - Transported for Life .
First London Jury, before Mr. Recorder.
GUILTY . Aged 60. - Transported for Seven Years .
JAMES COLEBY . I live at No. 4, Hole-in-the-wall, Brooks-market. On the evening of the 3rd of October, a little before ten o'clock in the evening, I was opposite the Blue-Posts, Holborn ; I saw a cart passing the Blue-Posts, and two men were behind it; the prisoner was one of them; I saw him take a parcel from the back of the cart, and put it under his arm; I gave information to the watchman, who stopped him in my sight; he said, it was only tobacco, and he could give a good account of it.
Cross-examined by MR. PHILLIPS. Q. You are certain of him? A. Yes.
DENNIS LEWIS . I am a watchman. I stopped the prisoner close to Fetter-lane, in the City, with the bundle; I told him he took that bundle out of the cart; he said, he did not; I asked him what he had in it; he said,"Tobacco" - I took him towards the watch-house, and on the way he threw the parcel down at my feet, and ran off towards Union-court; the parcel was picked up, and he was secured.
WILLIAM BUSBY . I live at Charlton, Buckinghamshire, this parcel is mine, and was in my cart on the 3rd of October; it is nine pounds of tobacco, and three pounds of snuff; I did not miss it till I got to the Angel, St. Giles's - I took it into my cart in Farringdon-street; the Blue-Posts are in the City.
Cross-examined. Q. Have you any partner? A. None, - it is my property.
GUILTY. Aged 21.
Recommended to Mercy . - Confined Six Months .
EDWARD THOMAS . I am shopman to Aaron Gush , boot and shoe-maker , No. 42, Poultry . On the night of the 18th of September, I was at work in the shop, the prisoner came in and took these boots, in his hand, and ran round the corner into the Old Jewry; the boots had laid two feet from the doorway; I followed him, and overtook him by Old Jewry church, and he slipped down; I took him with the boots, and brought him back to the shop; they are worth 20s.
Prisoner. Q. Did you take me yourself, on your oath? A. Yes, a man came with me, but I took you.
GUILTY . Aged 22.* - Transported for Seven Years .
ISAAC ISAACS . I live at No. 10, Harrow-alley, Houndsditch . On Sunday the 29th of September, I saw the prisoner come into my shop, he took up these boots, and ran away with them; I called "Stop thief," and he was stopped in the street; these are them.
Prisoner. I was very badly used, I was pushed into the shop, and picked up the boots; I did not intend to make away with them at all; they pushed me into the shop, and I took up the boots to throw at the person who ill-used them - I never came out of the shop with them. Witness. He was taken with them about ten steps from the shop window; I saw nobody with him, nor any dispute - I don't know who stopped him; there was a mob stopped him.
CHARLES PALMER . I was not present when this happened; I found the prisoner, and the boots in the prosecutor's back room - he was given into my charge by the prosecutor's wife, who said her husband was gone to the watch-house for an officer; I took him to the watch-house, and on the way there, he said, he met a man who he had seen before, who gave him a shilling to take the boots which hung up in the shop, and bring them to him, as they were his property; that he went and took them down, and had got two doors from the shop, and was stopped; he said, he was a pauper in Whitechapel workhouse.
Prisoner. I was shoved into the shop, and took them to throw at somebody.
ISAAC ISAACS . There was a mob about the shop afterwards, but not before; nobody pushed him into the shop; it was a holiday with us, our shop windows were shut, but the door open; he came in and took them off the nail, and ran, off with them; it was between eleven and twleve; on Sunday, nobody pushed him into the shop.
Believing him imbecile, and to have been made a dupe of by others .
JAMES TOULMIN (City-policeman, No. 68). On the night of the 6th of September, I was in Bartholomew-fair , and saw the prisoner take a handkerchief out of a man's breast pocket; he immediately put it into his own breast pocket - the crowd being so great, I immediately laid hold of him, and could not stop the person he took the handkerchief from; I did not know the person before; I have the handkerchief here; it has no name on it - Hodgson searched him.
TIMOTHY FISHER HODGSON (City-policeman, No, 34). I found a purse and a rattle on the prisoner, but no handkerchief; the person was a gentlemanly looking man; I saw the whole transaction; I expected the gentleman was going to follow us to the Compter, for he saw me take the prisoner; the crowd was so great I could not call his attention to it myself; it was eleven o'clock at night.
GUILTY . Aged 16. - Transported for Seven Years .
A JUROR. We think some blame is attributable to the officers for not bringing the prosecutor forwards.
TIMOTHY FISHER HODGSON. At the time this happened I was stabbed in the thigh, whether by a party connected with him, I don't know - I was laid up for ten days.
JUROR. That alters the case entirely.
1499. JOSEPH TEMPLE was indicted for feloniously breaking and entering the shop of John Lonsdale , on the 17th of September , at St. Margaret's, New Fish-street , and stealing therein 3 pairs of half-boots, value 15s., his goods, and that he had been before convicted of felony .
EDWARD FIELDER . I am the watchman employed to look after the new buildings in King William-street, London-bridge; I live in Charlotte-street, Fitzroy-square. On the morning of the 18th of September, just after the clock struck five, I saw the prisoner coming from the premises, near the back of Mr. Lonsdale's house in King William-street , near the corner of Arthur-street - I watch there at night, but only the buildings - I saw he had got something, and stopped him, and found three pairs of half-boots; they were afterwards claimed by Mr. Lonsdale - the prisoner said he had found them in the cellar of one of the buildings; the buildings are not exactly finished inside.
GEORGE BLACKHAM . I am servant to Mr. John Lonsdale , No. 24, King William-street, a shoe-maker . These boots are his property; I know them by the iron on them; I purchased them; I have no particular mark on them; I am sure they are his - I examined the shop-window in the morning, and found the glass taken out; the sash was partly down; it was fastened regularly at night - the shutters are inside - there was a rope on the leads, and I suppose somebody had been let down to break the glass; the panes of glass are twelve or fourteen inches square - it appeared that the windows had been let down, and somebody had got over the window - the shutters had not been closed - I had fastened the glass-frame myself - I left it on Tuesday evening about seven o'clock; the sash was then down, and the glass entire; and when I came next morning one pane of glass was taken out, and the sash partly down, but not sufficient to admit a person into the premises when I saw it - the boots were kept on a shelf in the shop, not within reach of the window; they were several feet from the sash; whether the frame had been put up more or how I cannot tell - I found the back-door open, which I left secure on Tuesday night - one pane of glass was entirely taken out, and one cracked - I returned to the shop at seven o'clock in the morning - I had the keys of the door with me.
Prisoner's Defence. In the beginning of the summer I went to Liverpool, being out of employ; I could get no work, and returned to London on the 16th of September; not having money to procure a lodging, I slept in these houses, which were not quite finished; as I laid on some shavings I felt something hard, and found these boots wrapped up in an apron, and brought them out at five o'clock in the morning.
GEORGE BLACKHAM. We lost four pairs of boots, a pair of shoes, and an apron - the house is in the parish of St. Margaret, New Fish-street, I understand.
JOHN MURREY (officer). I have a certificate of the prisoner's former conviction, which I got from Mr. Clark's office; I was present on the 17th of May, 1832, when the prisoner was tried; he is the person convicted as mentioned in the certificate. (Read).
GUILTY . Aged 17. - Transported for Fourteen Years .
BENJAMIN VALETTA SHOUT . On Saturday evening, the 12th of October I was going along Eastcheap , and felt something at my pocket; I turned round, and the prisoner was in the act of drawing my handkerchief from my pocket; I secured him, and dragged him as far as St. Mary's-hill; he endeavoured to escape, and after that gave me several severe blows in the face, and called out to several companions to come and help him; he called,"Jack," and other names, "come and help me" - this is my handkerchief, he had it in his hand at the time - it was quite out of my pocket; he was drawing his hand from my pocket with the handkerchief in it; the whole handkerchief was out of my pocket I am quite sure; he held it in his hand for some seconds.
Prisoner. The gentleman said he picked it up off the
Prisoner. I never knew anything about it, it was on the ground when he turned round.
Prisoner. Before the Lord Mayor the officer said he had nothing to say against me. Witness. I was asked no questions before the Lord Mayor.
Prisoner's Defence. I beg leave to inform you, as I was going towards home, on the evening of the 12th of this month, I was passing along Eastcheap, and saw two persons walking before me, they turned round and made a sudden rush by me - one threw something from his hand, I did not know what it was till the gentleman collared me, and accused me of taking his handkerchief, which he took off the ground; he took me to the corner of Rood-lane, and I was immediately taken into custody; the prosecutor laying hold of me in so rough a manner, and ill treating me, I could not govern my temper; I acknowledge in an angry moment I struck at him, which I am sorry for.
BENJAMIN VALETTA SHOUT . I saw his hand coming from my pocket; there was one person walking behind him - on my oath, the prisoner's hand had been in my pocket, from the position I saw it, and I plainly saw the handkerchief in his hand.
GUILTY . Aged 19. - Confined Six Months .
1501. CHARLES POWELL was indicted that he, on the 14th of June , having in his possession a bill of exchange, purporting to be a bill of exchange for 12l. 10s., afterwards, on the same day, feloniously did forge thereon an acceptance thereof, with intent to defraud George Hodgson , against the statute, &c.
2ND COUNT - for offering and uttering a forged acceptance of a like bill of exchange, well knowing it to be forged, &c., with the like intent.
2ND COUNT - for disposing of and putting off a like forged acceptance, &c.
GEORGE HODGSON. I am an agent , and carry on business at No. 37, Nicholas-lane . On the 14th of June the prisoner owed me, on my own account, some money, he said he wished to have more goods of me, but could not expect a further extent of credit, and if I would take the bill which he presented to me, and let him have goods, he should feel obliged - I took this bill in payment of what he had from me; the amount of it was more than the goods, but he was to have more - the bill was to pay what he owed, and for other goods - he gave it to me in Nicholas-lane.
Q. State exactly what he said? A. He said, he ought to have paid the account in cash, but could not do it, but he had a bill of exchange which would be duly honoured, when it became due - he presented me the bill, wished me to take it, and furnish him with more goods; I let him have goods - the bill was presented by a notary - the amount of goods he had that day was 4l. 2s., and he owed me previously 5l. 19s. - I did not give him the difference - I put the bill by as a collateral security; I could not give him credit for the bill, it not being cash - I took it expecting it to be honoured when due; that was my inducement to part with my goods - I have received several letters from the prisoner, which I have acted on and have become perfectly acquainted with his hand-writing - it is my firm belief that this acceptance is not his hand-writing.
Cross-examined by MR. DOANE. Q. You mean, not the acceptance? A. Yes.
EDWARD PETTY . I am parish-clerk of Orpington, in Kent, about two miles from Chilfield - I was born in the parish, and have been parish-clerk about nineteen years - I never knew a Thomas White at Orpington, nor at Chilfield.
ALFRED THOMPSON . I am a notary; I live at No. 12, Birchin-lane. On the 31st of August I presented the bill at Ball's, a fishmonger, in West-street, Soho - the answer was "no effects, and the acceptor unknown."
THOMAS BALL . I am a fishmonger, and live in West-street, Soho. I know there was such a person as Thomas White, but he has been dead about two or three months; I cannot exactly say how long - he was alive on the 14th of June - I am subpoened here by the prisoner - I never saw White write; I was not the person that gave the answer "No effects, acceptor unknown."
THOMAS BALL . White was a tall man; I did not know much of him, only a customer of mine asked if he might take the liberty of making a bill payable at my house, for a friend of his; I said, "Yes;" that friend was Smith, who lived at Finchley; I don't know where he lives now, he asked if I would let a friend of his make a bill payable at my house, and I said "Yes;" and a bill came in the name of Thomas White - that was not this bill, but another; a bill accepted by Thomas White has been made payable at my house before that, and it was paid; Smith took the notice away and paid it - I saw Thomas White last, two or three months ago - I saw the former bill when it came; I did not act as the agent of Thomas White in the transaction.
Prisoner. I leave my defence to my counsel.
ANN BEMISH . I am married, and live at No. 22, Queen-street, Seven-dials; I let lodgings - I had a lodger named Thomas White ; he died three or four months ago; I did not notice the time - he was taken from my house very ill on Saturday night, and died in St. Giles' workhouse on the Monday; my servant and another lodger went and fetched the sick chair for him - when he was taken away, his book was left in his coat pocket; I locked it up, thinking his friends might call for it, but nobody did, until a gentleman called to ask if I had any writing of his - the gentleman is outside - he called to know if I knew Mr. White; that book has been under lock and key
COURT. Q. What did he die of? A. He laid ill with a cough and rheumatism for a month - he used to go out all day writing - he used to say, "I am going to the brewers, and going to do writing;" I found no writing of his, besides the book; he was a tall good looking man - he had been well off in his time; he was not very stout - I think he said his age was about fifty or forty-five; I never heard him talk much; he used to go out at eight o'clock, and come home to bed at eleven o'clock.
CHARLES HAINES . I live at No. 5, Glasshouse-street, Regent-street - I am a poulterer; I knew a man named Thomas White; I did not know his residence; he used to do my writing for me - I know his hand writing - this acceptance is his hand writing to the best of my opinion.
COURT. Q. Did you ever know of his living at Orpington or Chilfield? A. No, I did not.
WILLIAM BRADWICK . I am a turner and bedstead maker; I live in West-street, Soho; I knew Thomas White - I had known him about eighteen months; I have seen him write, this acceptance is his hand-writing to the best of my belief.
NOT GUILTY .
JOHN CHARLES BEALE. I live at No. 32, Tenter-street, Spitalfields. On the 5th of October, at night, I was near Petticoat-lane , there was a crowd of people there - there was a dispute about a watchman taking a man into custody, and while I was listening to it, I felt a tug at my pocket - I turned round and saw my handkerchief in the hand of the prisoner; I took him into custody, and he was charged at the watch-house.
Cross-examined by MR. CLARKSON. Q. Have you ever given a different account of the transaction? A. No sir; I said there was a crowd assembled - directly I found the handkerchief in his hand I took him by the collar, and did not loose my hold till the officer tok him - I never said that the confusion and crowd were so great that I could not tell from whose hand I took it; I said there was a crowd of persons assembled, which caused me to stop and listen - I never said my mind was confused by the crowd; I said my attention was directed to the crowd, and while I was listening to the observations going forward, I felt the tug, turned round, and found the handkerchief in the prisoner's hands - I never told the prisoner's mother, that I could not tell whose hand the handkerchief was in - she came down after me three times, and said at first that she was very sorry for what took place, and if I liked to make a flaw in the indictment, he would get off; that she was very poor, but if they could do any thing to stop the business she should be happy - I said I would do nothing and if he was a good character he would be able to stand the trial - I said no more to her than I have stated.
Q. Was there a crowd of persons there? A. There was about a dozen persons - I was alone; quite sober - as collected as I am now - it was a quarter to one o'clock in the morning - I was returning from a club to which I am secretary, and it does not break up till twelve o'clock; it is held at the Blue Anchor, Ratcliffe-highway - the spot this happened in, is in the way I generally go home - I cannot say that it is in my way home; sometimes I might go out of my way; but it is the way I generally go - I could not have gone any other way then to have taken the turning before it, or down Petticoat-lane - it was not out of my way, I should think the length of eight or nine houses - there is no mark about the handkerchief I believe; I did not look in this corner to see if there was a mark - it is torn here, that was what I was looking for, but I did not notice it when it was taken; I cannot positively say whether I noticed the fear when it was taken, but I noticed it when the officer gave it to me - it might have been changed for another for what I can tell.
COURT. Q. Have you such a knowledge of your handkerchief as to be able to say that is yours? A. I consider it to be mine; it is my property and what I lost.
MR. CLARKSON. Q. Will you venture to swear it is your handkerchief? A. I consider it to be mine; I will swear it is mine; I know it by the pattern - I am no judge much of handkerchiefs - it is a cotton one.
COURT. Q. Where did you buy it? A. In Commercial-road; I gave 1s. 6d. for it - I bought it new.
Prisoner's Defence. My Lord, I was going home; I was on the Butchers' side of Aldgate, there was a mob in the Bull Inn Yard; I went over to see the row - I had not been there a quarter of a minute when a gentleman said I had his handkerchief, on my oath I never had it in my possession.
GUILTY . Aged 20 - Transported for Seven Years .
NEW COURT. Saturday, October 19, 1833.
Third Middlesex Jury, before Mr. Sergeant Arabin.
RICHARD TOWNLEY . I am a jeweller and live in Cursitor-street , the prisoner was my clerk and warehouseman ; he was paid generally at the end of each week - he had been with me nearly two years; it was his duty to receive monies on my account, and to pay it to me on his return, or to my wife, if I was not in the way - Mr. Sparrow is a customer of mine.
SAMUEL SPARROW . I paid the prisoner on the 12th of May, 1l. 6s. on account of his master; he signed his name to the book in the usual way, but I did not see him sign it - I do not suppose I was present; my son paid him.
Cross-examined by MR. PHILLIPS. Q. It is the duty of the person who pays it to have the book signed, but whether that is properly signed, when you are not there, you
RICHARD TOWNLEY . This is the prisoner's handwriting - he never accounted to me for the receipt of this money - I did not discover it had been received till I lost my day-book and was obliged to call in assistance to elucidate my accounts - the day-book was in the prisoner's custody - I think I missed it on the 4th of September, when the prisoner left me, and I had occasion to examine by books - I had not settled my accounts with the prisoner; he left me in consequence of my books being very back and my accounts very much deranged - I had complained of it, and on the 4th of September, I complained very much, and he said, "I see I cannot get on, I will cut it at once," I said "Agreed" and he went, but in the evening when I was absent, he insinuated himself into the warehouse - the next morning I called in assistance to go into the books and we missed the day-book - the debts which are deficient were between the cash-book and the ledger - the prisoner never accounted to me for this 1l. 6s. - he was in my debt; I had lent him money only a few days before; I have never found my day-book - I had examined that book before September; if this sum had been entered in the day-book I must have seen it, as they were always entered into the cash-book.
Cross-examined. Q. Do you recollect all the entries? A. No, not a fiftieth, nor perhaps a hundredth part of them - I recollect going to his house after he left me, and desiring him to come and assist me to look at the books, and he was in a state of intoxication; but he came to me several days afterwards - I frequently found fault with his manner of doing business - I have had frequent cause to find fault with my wife - I do not know but I may have quarrelled with every body in the house - I have received many sums of money from the prisoner - my wife has received money of him when I have been out, and some times when I have been at home - the prisoner did not go over the books with me, after he left me; he did through the stock - I have quarrelled with my wife on account of her interfering with the business; it was her duty to receive money sometimes, but not to dictate.
Q. Do you remember taking the whole file of receipts, and in your fury, pitching the whole file out of the window into the garden? A. Yes; and if I had pitched him out too, it would have been as well; I never was so exasperated in my life - I got the file back again in a minute; to the best of my recollection the prisoner brought it me; I think that was a few days before I accepted his resignation - his lodgings were most accurately searched a few days after he left, but nothing was found - I have not brought my wife here, but the prisoner has subpoened her - this account was received in May, 1832.
NOT GUILTY .
On this indictment no evidence was offered.
NOT GUILTY .
RICHARD TOWNLEY. The prisoner never gave me an account of this; it ought to have been entered in the day book, which was kept in the warehouse, and which was missed some days after the prisoner left me; this sum of 2l. 3s. 6d. could not have been entered there, or I should have seen it; and it was my uniform practice to go over that book, and enter the cash in the cash-book, and the balance was struck at the bottom by the prisoner; it might sometimes be a week or two before I made the entries, but it was always his duty to hand over money to me, and if it had been entered in the day-book regularly, in the course of a day or two, or a week, or a fortnight, I should have gone over it and entered it into the cash-book; there is no entry in the cash-book of this sum; when he left he was in my debt, we had not settled our accounts.
Cross-examined by MR. PHILLIPS. Q. When had you seen the old day-book? A. I missed it on the 5th of September, but I cannot be positive as to when I had seen it; there was a new day-book in use on the 2nd, and I will swear I saw the old one after the new one was there - I took the old one out of the bookcase where it had been, and threw it down, and reproached him with indolence; I said "If you had any management you would put this out of the way, you will have very little occasion for it now" - I cannot say that there might not be three weeks elapse between the times of my looking over the day-book- I should not wonder if there had been five weeks elapse, I was so oceupied in my business; but he had no right to keep money a single day - he always treated me with respect.
ELIZABETH TOWNLEY . I do not assist my husband in his accounts; if the prisoner received money, and my husband was not in the way, he paid it to me, but I never put it down, the prisoner put it down in my book, which is here - he did not not account to me for this sum - I have not particularly looked into the book for this.
NOT GUILTY .
No evidence. NOT GUILTY .
MESSRS. ADOLPHUS and SANDFORD conducted the prosecution.
EUPHEMIA M'LEAN . I am daughter of the late Rev. Dr. M'Lean, minister of Garbals, here is the book in which the marriages at that place were entered; I was present at the marriage of the prisoner with Margaret Smith - she is still alive, and was in court two or three minutes ago.
Cross-examined by MR. PHILLIPS. Q. When did the marriage take place? A. On the 2nd of March, 1827. I was then about 12 or 13 years of age - I had never seen the prisoner before - I am not mistaken in his person, youthful impressions are more lasting than others - I had
JAMES M'LEAN . I am the last witness's brother - my father is dead - I produce the book of the register of marriages at Garbals, it is in the writing of the Clerk of Kirk Session; it is here stated that Hierum Holmes, of the 9th Lancers, and Margaret Smith , were married by Dr. M'Lean, on the 2nd of March, 1827.
Cross-examined by MR. CHURCHILL. Q. Is the Clerk of Kirk Session alive? A. Yes; but he is eighty-five years old.
WILLIAM SEYMOUR. I am an officer in the 9th Lancers - Margaret Smith was a sister-in-law of mine - the prisoner married her without my consent; I was at Glasgow, with the regiment, at the time - I sent Margaret Smith home to her parents; but the prisoner afterwards lived with her at Newcastle-upon-Tyne.
ELIZABETH ABBOT SLEE . I lived at Clarence-place, Gravesend, with my father and mother; I was twenty-two years old last month - the prisoner made an acquaintance with me, and I was married to him at Gravesend church , on the 31st of March last, but he married me in the name of Edmund Holmes , and my name was put Eliza, instead of Elizabeth Abbot; I had it altered, and we were married again at Gravesend church, on the 3rd of April. I had when we were married £500 in the funds, and he had had £230 of me before our marriage; the reason of my advancing this was that when he took me from home he had no money, and he asked me for what I had, which I gave him, and then I sold out some more: we were then living at the Nag's Head, in the Borough, but I had no intercourse with him, we lived only as brother and sister. I let him have £200, to buy furniture against our marriage, and two or three days after we were married he had the rest, as he said he had some bills to pay - the broker objected to let me have it, and I asked my mamma for a letter to the broker, which she gave me, and I took it all out. I asked the prisoner for it again, and he refused to let me have it; he said, if I did not let him have it, he would leave me - I went with him to Gravesend, and he then told me that if I lived there I should live on his sister's charity.
Cross-examined by MR. PHILLIPS. Q. If you did not live with him. A. No; he said "I might go home to my mother again, if I liked, but if I stopped there I should live on his sister's charity - up to the present moment I have been merely as a sister to the prisoner, nothing more - his father never told me that the money should be returned - I was not told that the prisoner was a married man previous to our marriage - I was not told so till I went to my mother's, about four months ago - I pressed him to marry me after we came to London, but not before; I came to London with him, on the 17th of February last.
Q. Now, recollect yourself, did you not press him to marry you before your visit to London; and did you not frequently write to him, in 1832, soliciting him to marry you? A. Not till after he promised me marriage; I did not write to him till he wrote to me - he told me on the night I left home that his father consented to our marriage - I did not state to him that his father would not suffer me into his family - I never intimated that to him to my knowledge - this letter is my writing - (read.)
Edmund, December 11, 1832.
"I am quite surprised at your strange behaviour to me, after professing so much towards me - you certainly have not acted like a man. I wrote to you twice and had no answer, therefore I sent a friend of mine down, thinking you might be ill, and when I heard the result, I was quite astonished, not only astonished, but very much hurt, to think you have acted so deceitfully towards me, after what you said the last time we met. I am quite convinced you never meant a word you said, although you know what I have gone through for you: my friend took the trouble to call on you twice, and the second time you sent your father out, instead of coming out like a man; that showed how guilty you was, or else you would not have got your father to have spoken for you. Your father told my friend I was not worth coming into your family, but it is not because my family bear the name they do that I should, for I consider myself as respectable as you in every respect. Edmund, do not think that by writing this letter to you, I ever wish to renew this correspondence again to such a worthless man as you; but although you have acted as you have towards me, I wish you all the happiness this worth affords, and whenever you marry, I hope the lady will make you a better wife than I should. Hoping when this meets you you will be quite well, I, for the last time, shall bid you farewell. With every mark of respect, I remain your sincere friend. - E. SLEE.
To Mr. Edmund Holmes, No. 2, Windmill-street, Gravesend, Kent (Post paid)."
Witness. He had told me that his father was angry with him, but he should not mind that - but he afterwards told me his father had given his consent - up to the 10th of December he had not received any money from me - I have preferred an indictment against him for stealing this money.
MR. ADOLPHUS. Q. Had you heard that he had a wife before you were married to him? A. No; I asked him, and he said he had not - he told me that his father had given his consent to our marriage, and he went with him to take the license - I saw them go out of the house to get it - the money found at the prisoner's was in the identical bank notes which I had from the stockbroker.
COURT. Q. Are we to understand that he courted you as a single man? A. Yes; and I believed he was single, and able to marry me legally.
ROBERT DUKE . I am an officer; I took the prisoner in Back-lane, in the parish of St. John, Hackney, in the county of Middlesex - I found on him a purse, with this £10 note in it, and in a writing-desk I found these other eleven £10 notes, fourteen silver spoons, and some other things.
Prisoner's Defence (written). My Lord and Gentlemen of the Jury; - Conflicting as are the feelings which weigh heailyv
GUILTY . Aged 26. - Transported for Seven Years .
1508. HIERUM HOLMES was again indicted for stealing, on the 3rd of September , 12 silver spoons, value 3l.; 2 rings, value 5l.; 2 musical boxes, value 2l.; 1 guard chain, value 1l.; 1 piano-forte, value 30l.; and 12 £10 bank notes , the property of Elizabeth Abbot Slee .
MR. ADOLPHUS declined the prosecution.
NOT GUILTY .
1509. REUBEN BENJAMIN was indicted for stealing, on the 4th of October , 2 aprons, value 1s.; 1 counterpane, value 5s.; 1 petticoat, value 1s.; 1 jacket, value 6d.; 7 towels, value 1s.; 1 cap, value 6d.; 3 napkins, value 6d; and 4 pair of drawers 6d. , the goods of James Henbrey .
SUSANNAH BASTIN . I keep a mangle, and mangle for Mr. James Henbrey, he is the keeper of Hyde-park ; I live in Cottage-row; I sent him some things home on the 4th of October, by my brother; he returned without the bundle.
JAMES BASTIN . I am brother to this witness; I took the bundle to go to Mr. Henbrey's; in going along I saw the prisoner who was a stranger to me in Hyde-park , he spoke to me first, and asked me if I would fetch him a penny loaf, and a pennyworth of cheese; I said, I would; he said, he would hold my bundle while I was gone, and would give me a silver watch-guard when I came back; he then went down a hill, and told me to follow him, he sat down on the grass, and I gave him the bundle to mind, and he gave me the 2d. to go for the errand; I set off to run, and when I had got some distance, a pieman told me the prisoner had run off with the clothes; I then saw the prisoner running, and I run after him, he got out at Hyde-park corner, but was brought back by the policeman in about five minutes; he had got three quarters of a mile from where I left him; I am sure he is the person.
Cross-examined by MR. PHILLIPS. Q. Had you ever seen him before? A. No; I saw him then for about five minutes - I know him by his coat and his person - I expected to get a silver chain - I thought he was an honest man - I am fourteen years old.
JOHN LADD (police-constable). I was on duty near the Duke of Wellington's, and from information, I went down Constitution-hill, and overtook the prisoner with this bundle under his arm - I asked how he came by it; he said, a boy gave it him to hold; I asked him what he wanted there, and he said, he thought the boy went that way, and he was running after him.
RALPH DEAN. I was standing talking to James Bastin, and he left me to go on with the clothes; I then saw the prisoner pass me and tap him on the shoulder, to go with him down the hill; the prisoner had a watch-guard in his hand; he sat down, and the boy gave him the bundle, and went off towards the Barrack's - I was talking to a pieman, and I saw the prisoner get up and come towards the Green-park, he then turned and ran off, and I told the policeman of it.
SUSANNAH BASTIN. This is the property of Mr. Henbrey.
Cross-examined. Q. What is his christian name? A. James, I believe - he was at Clerkenwell, and was told heEdward Henbrey - I think I can swear he did not give the name of Edward.
GUILTY . Aged 22. - Transported for Seven Years .
MR. PHILLIPS conducted the prosecution.
JOHN FAIRMANER . I deal in horses . I have known the prisoner for years, he came to me as a servant , on the 15th of September , and on the 21st of September ; I gave him two horses and two mares to go to sell them at Barnet-fair; I gave him the price of the horses, which was £28, and £21, and the mares were £23, a piece, but I told him not to stand about a pound - I did not in any way authorise him to exchange these horses or mares for any other animals, but whether he sold them or not he was to return on the Monday night, or the Tuesday morning, but he did not return, and I could not find him till twelve days afterwards, when I found him near Staines; when I found him, he said, he had got robbed of the money - that he had got drunk every day, and did not know what he had done - he had a half-crown about him, and a sixpence - he said, he had received £15 of Mr. Lovegrove, and a cob in exchange for the two horses - I brought him to the watch-house - he said he thought he had given a man £9 to take care of at the Post-office, and we took the man before the magistrate, but he denied having had any of his money - the prisoner did not say what he had done with the remainder of the £15, but I found a bill in his pocket, by which it appeared he had paid a trifle for the keep of the horses - the cob is a very sad one - I think it would fetch £7, or £8, at the depository - I have found the two mares at the Dog, at Belfont.
Cross-examined by MR. CHURCHILL. Q. How came you by the cob? A. I found it with the mares - Mr. Shirley the prisoner's old master told me where they were- my son-in-law is a butcher; he has nothing to do with my business - he told me on the Monday, that he had seen the prisoner at Staines, and I went and took him on the Wednesday - I took him by the collar a little roughly, and put him into the post-chaise - I did not knock him down - I took from him 3s. - I lent him two sovereigns when he went from home, as he had not a halfpenny of his own - I don't know that I have had any conversation with any one about this robbery - I have not said to any one that I did not care who the prisoner robbed so long as he sold the horses and brought me the money, nor anything like it - I never said so to the prisoner's uncle that I know of - I never offered to take £29, and drop the prosecution - I never said so to William Bickmore - I told the prisoner to do the best that laid in his power with the horses, but if he did not sell them he was to return on Tuesday - I did not tie him to a pound a piece with them.
MR. PHILLIPS. Q. Did he ever give you one penny of the £15? No, not a halfpenny.
THOMAS ROWELL . I am butcher, and son-in-law of the prosecutor. On the Monday I found the prisoner at Staines, at the Angel and Crown; I asked him how it was he did not return with the horses; he said, two of them were in the stable, and one he had made an exchange for- I asked what money he had received; he said, £15, and the cob, and that he had been robbed of £12,£13, or £14 - I then told him to get ready to return to town that afternoon with me; he got his horses ready, and started them on, while I stopped about twenty minutes to get my horse refreshed; I then went after him, he had been through the first turnpike, but when I got to the next turnpike he had not been through; I came on to Brentford, and stopped nearly an hour expecting him, but he did not come; he afterwards told me he had been robbed of £9; I said, "You told me you had been robbed of more;" he said, "I did not know exactly what I had been robbed of."
Cross-examined. Q. He told you he had been robbed as soon as you saw him? A. Yes - I don't know that he was exactly sober; he went about his work, he did not appear to be tipsey.
Witness for the Defence.
WILLIAM BICKMORE . I am a livery-stable keeper, and live in the Borough. I am the prisoner's uncle - after he was in custody I called on the prosecutor; he said, he did not care who the prisoner robbed, so as he sold the horses and got him plenty of money - the prisoner was in my employ for five years; I found him honest - the prosecutor offered to take 29l., and then he sent his solicitor, and said, he would take 15l.
GUILTY . Aged 33. - Confined One Year .
1510. WILLIAM HARVEY was indicted for stealing, on the 9th of October , 7 yards of carpeting, value 10s.; 6 yards of India matting, value 8s.; 3 mats, value 2s.; 1 bed tick, value 5s.; 1 cap, value 1s. 6d.; 2 pots of preserves, value 6s.; 2 decanters, value 7s.; 2 wine glasses, value 1s.; 1 tumbler, value 8d.; 1 sugar bason, value 2s.; and 1 cork-screw, value 4d. ; the goods of John Gilmore .
FRANCIS BRADY (police-constable K 81). On the 9th of October, I fell in with the prisoner, carrying a bundle on his back, in the Isle of Dogs - I had not known him before; but my brother officer asked him where he got the bundle, he said, he came from Captain Gilmore, who I understand is a captain in the navy, and he was going to take the bundle to Canton-place - my brother officer said he would go to Captain Gilmore's and see if it was right, and he told me to detain the prisoner - as soon as my brother officer was gone, the prisoner acknowledged that he stole the things from Captain Gilmore's.
JOHN MITCHELL (police-constable K 202). I was with Brady - what he has stated is correct - I went to Captain Gilmore , who identified this property as his; but he is now gone to see - this is the bundle he was carrying, and contains the property stated.
ELIZABETH TAYLOR . I live in the service of Captain John Gilmore - the prisoner was in his service about three months, to clean knives and shoes - Captain Gilmore is gone to sea; this is his property.
GUILTY . Aged 19. Confined Three Months .
MARY SCOTT . I am the wife of Joseph Scott ; we live at Westminster - the prisoner, who was a stranger, came to my house on the 10th of October, and asked for a bed to carry to Mr. Scott's, in Duke-street; my husband works there, and I thought it was for my husband - I gave the bed to the prisoner; when my husband returned, I found he had not sent him - I found the bed at the pawnbroker's.
GUILTY .* Aged 19. - Transported for Seven Years .
THOMAS TERRETT . I am a shoemaker , and live at No. 1, Northumberland-street, Marylebone - the prisoner was my journeyman - On the 9th of September I came into the city, and left the pair of boots on my drawers - when I went back the boots were gone - I went after the prisoner, but could not find him - I returned home again and found the drawer had been broken open, and the shoes which had been in there, taken.
JOHN CASTIGEN . I live at No. 8, Stingo-lane - I bought a pair of shoes of some person, but I cannot tell whether it was the prisoner, as I had something to drink on the same day - I was not exactly drunk, but cannot call to mind who it was - I did not take notice of him - the prosecutor called on me about two days afterwards; these are the shoes.
ANN THOMPSON . I bind shoes for Mr. Terrett - the prisoner came for a pair which I had, and said, a customer was waiting for them - these are the shoes; I knew he worked for the prosecutor, and I let him have them.
GUILTY . Aged 23. - Transported for Seven Years .
JAMES LINNEY . I live in Crawford-street , and am a boot and shoemaker - the prisoner lived with me three years as errand boy - I had the greatest confidence in him - on the 23rd of September I put £1 worth of silver into a drawer, in my desk; there was no one in the shop but the prisoner and I; in the evening I went to look and half-a-crown was gone - on the 25th I marked £1 worth of silver; four half-crowns, nine shillings, and two sixpences, and 5s. in copper - I went to it again, and a half-crown was gone; I had left the drawer locked, and found it so - I sent for an officer, who searched the prisoner, and found the half-crown in his waistcoat pocket; and 5d. in copper, in his jacket pocket; I counted the copper in the drawer, and 5d. was gone.
The prisoner handed in a petition for a lenient sentence.
GUILTY. Aged 17. - Recommended to Mercy by the Jury and Prosecutor . - Confined Six Weeks .
JAMES STODDART . I am a watch manufacturer, and live in Red Lion-street, Clerkenwell. On the 30th of September I packed up a number of watches, and gave them to Thomas Taylor , my assistant, to go to Miller's Wharf; they were in a deal box, directed to the care of Gill and Son, Aberdeen.
THOMAS LAMBERT . I am clerk at Miller's Wharf , I received the package on the Monday, and gave this receipt for it - it was in the office, and was missed on the Saturday following; I know nothing of the prisoner.
ALEXANDER MUNN . I am a pawnbroker, in the employ of Mr. Tilley, of Mile-end. On Friday morning, the 4th of October, the prisoner brought a watch to pawn - I asked him two or three questions, his answers did not agree with the description of the watch, and I sent for a policeman; before the policeman came, the prisoner ran down a court, and got into a privy; he was there taken.
JOSEPH BARDEN (police-constable K 155). I was sent for on the 4th of September, to take the prisoner on suspicion of stealing a watch - I found him concealed in a privy, in a carpenter's yard; he turned round to me and I took him by the collar - I brought him out, and got a light, and found this watch down the privy - he was standing with his back to me when I opened the door.
Prisoner's Defence. On that Friday morning, a lad came and asked me to buy a watch of him, for which he asked 40s.; I said, I had not so much; he then said, 30s. I said, I had not that; he then asked me to take six watches to pawn for him, he followed me till I was taken, and then he left me.
GUILTY . Aged 18. - Transported for Seven Years .
PETER BENTON. I am an engraver . On Friday evening, the 11th of October, I fell in with the prisoner, in Old-street - I was a little the worse for liquor, but still had my recollection; there was another female with the prisoner; they caught hold of each of my arms, and asked me to treat them - I took them into a public-house and they had what they required; but I cannot say what - I then bade them good night, and was going on to my house, in Tabernacle-row, not more than one hundred yards from there; but they still kept following me, and I could not get rid of them - when I got to Windmill-street , the prisoner put her hand into my pocket, and I found she was going to rob me - I said, "This wont do, I must go;" she then plunged her hand into my pocket, tore my trousers down, and took the pocket literally out; and as she pulled her hand out she dropped some money - the other person ran off, and the prisoner attempted to run, but I caught hold of her garment and tore it away; there was £1 and sixpence found on the pavement - I am married and have a large family.
Cross-examined by MR. CHURCHILL. Q. Do you mean, that as a married man, and knowing what you were about, you could not have got rid of this woman, if you pleased, without going into a public-house? A. I could not; they forced me in; they did not force me to do anything else; I could not resist the temptation; I was not very drunk.
THOMAS SCOTT . I am a coal and potatoe dealer - I was standing near the end of Providence-row, and saw the prosecutor coming out of Windmill-street, in haste, upon a half-run, and two females came running after him; they took hold of his arms, and he threw out his arms to try to get rid of them - the prisoner said,"Lord, John, this is always the way when you get a little liquor; you never ought to have any;" I thought they might be man and wife, and I withdrew a little but still kept them in sight; I thought I saw the prisoner's hand go into the prosecutor's left-hand pocket, and instantly there was a sort of a struggle, and some money fell on the pavement - I picked up a sovereign, a sixpence, and a halfpenny; the other woman then ran off, and the prisoner tried to run, but the prosecutor caught her dress, and tore it from her waist.
Cross-examined. Q. Did you see the money fall? A. I heard it, and I picked it up.
BENJAMIN ROBERTS (police-constable G 223). I was on duty and came up at the time - I found the prosecutor on the ground, saying, he had been robbed of eight sovereigns - I picked him up, and the prisoner was pointed out as the person who had robbed him; he had the back part of her gown on the ground, by him - I pushed her back, and found 1s. 6d. on the ground - I found some money on her at the station-house.
Cross-examined. Q. Was not the prosecutor very drunk? A. He walked very well after I helped him up- the prisoner's gown was torn completely off - I saw her sitting on the prosecutor's knee, at the watch-house, but not long, for I was not watching them.
Prisoner's Defence. I am perfectly innocent - I saw him with two females, one of whom I knew before - she said to me, "We are going to have something to drink, will you come?" I said, "No, thank you;" I was going from them, and the prosecutor took hold of my frock and tore it, and the witness picked up some money - I was not in his company, nor did I drink with him at all.
GUILTY . Aged 25. - Transported for Fourteen Years .
MR. CLARKSON conducted the prosecution.
HENRY GODWIN . I live at No. 4, Coburg-terrace, Bow-road; I am a landing-waiter in the Custom-house . On the 18th of September, I had been dining with some friends, and drank rather too much wine - as I was going home I met a female at the top of Well-street ; I was taken with a swimming in my head, and she said, "Will you walk in, sir," which I was glad to do; I went in, and I must have taken my coat off, as some woman, (but I cannot say who) helped me on with it again - I had only staid a few minutes in the house - the woman then said something about money and drink, and I gave her some silver - I cannot tell whether I had my watch when I went into that house, but it was safe when I sat down to dinner at four o'clock - after I had got about a hundred yards from the house, my progress was impeded by a cart standing across the road; I dropped my handkerchief, and a woman said, "You have been robbed;" I thought it was of my handkerchief, but I felt, and my watch was gone - I begged the woman to get me an officer, who went back with me to the house I had just left - I saw a woman there, but not the prisoner; she said, "I suppose I know what you come for, it is this watch; and I suppose if I give it you, it will be all right;" the officer took the watch; this is it - it is worth 30l.
ELIZABETH BAKER . I am the wife of Michael Baker; we live in Mill-yard. I know the prisoner - on the evening stated I left my house to carry some work home; I saw the cart standing in a yard which I had to pass through, and I saw the prosecutor there with the prisoner; he was very much intoxicated, and she had her right arm round his neck, and her hand in his pocket - a lady said, "That gentleman has been robbed;" the prosecutor then took hold of me, and said he would not let me go till he had procured a policeman; I saw the prisoner take something from the ground, and she ran very quickly away towards Mill-yard, where she lives -
JOHN FARMER . About eight o'clock that evening, I was loading a cart near Mill-yard; I saw the prosecutor and the prisoner coming along; she had one arm on his shoulder, and her other hand near his watch-fob - I saw her pull something out, and it fell on the ground; she picked it up and ran away.
GEORGE SEAMAN (police-constable H 150). I went to the house in Mill-yard; we knocked but there was no one there; we waited about five minutes, when the landlady came running up; the door of the house is in a nook next to a chapel, and she could not see us till she came to the door - she then asked me what I wanted, and on seeing the prosecutor, she said, "O, I know what he wants, he wants his watch - he left it on the bed, and I suppose if he gets his watch he will not proceed any further" - she produced this watch to me in the house, it has a bruise on the back of it, and it was all over mud.
Prisoner's Defence. I found the gentleman on the ground; I took him up; he bade me, good bye, and gave me some money - I do not know any thing about the watch.
GUILTY . Aged 19 - Transported for Seven Years .
BENJAMIN HOLBERT . I am a bricklayer. On the 24th of September I was going to my labour, just after six o'clock in the morning - I saw the prisoner lift two baskets covered with hay at the door of Mr. Bowman; he took one of them on his head, and went off - I then looked into the other, and saw it was full of copper - I ran after the prisoner, and took hold of him; he threw the basket on me; it fell on my arm, and caused me to let him go; he said, "Good God, you don't know my distress," and ran off; I pursued and took him again.
SAMUEL KEWEL . I am in the employ of Messrs. Frederick Bowman and Son; I believe this to be their property; I had seen it safe and locked up a fortnight before - on the 24th of September, Holbert told me he had seen a person carry some away - I do not know the prisoner; but we believe he got in at a broken pane of glass, and took the box-staple off the lock.
Prisoner's Defence. The window was not big enough for any person to get in; I have had a good character and was going to my work at Mr. Crowder's - I found this property; I did not steal it; it was in the road, and I took it on my head.
GUILTY . Aged 16 - Transported for Seven Years .
WILLIAM HALL . I am a constable of Hounslow. On the 28th of September, about ten o'clock in the morning; I saw the prisoner at Hounslow, which is about seven miles from Shepperton, he was offering two pigs for sale - a master-butcher, named West, said, that he thought by the price at which the prisoner offered them they had been stolen; I said, I thought so too, and I went and took him; he said, they were his brother's pigs, who lived at Egham, and he had been distrained on for rent, and he sent him to sell them - I took him into custody, but did not make him any promise or threat; but he said, "It will be better for me to tell the truth;" I said, "Mind, I do not ask you to tell me;" he then said, "They are stolen pigs, but I did not steal them" - I know nothing of the prisoner.
WILLIAM WINCH . These pigs were the property of my sister, Juliet Winch; she lives at Shepperton - I had seen them safe on the 27th of September, in an enclosed yard; I saw them again on the Monday following, and knew them; they weighed eleven or twelve stone each, and were worth about 45s. each - I know nothing of the prisoner.
SAMUEL COSTER . I am in the employ of Mrs. Juliet Winch; these pigs were safe on the Friday evening, about seven o'clock; I missed them at half-past five o'clock the next morning - I have seen them since, and know them to be my mistress's.
GUILTY . Aged 22 - Transported for Seven Years .
ELIZA ALLEN . I am the wife of Timothy Allen ; I have work in the shoe line from a gentleman in Gracechurch-street; the prisoner had been my errand-boy for about a fortnight - on the 5th of October, I took him to my master, and three dozen and two pair of shoes were counted out to me; I counted them and placed them in a basket for the prisoner to carry on his head; he took them home, and they were deposited in my back-parlour - on the Monday following, I missed one pair; the prisoner did not come to me that morning, they sent word he was ill - I went after him and found him on the Tuesday; I asked why he did not come on the Monday; he said, he thought he had heard of another place; I asked him to come and carry my work home - he came, and I then accused him of having taken a pair; he denied it.
GUILTY . Aged 16 - Whipped and Discharged.
GUILTY . Aged 25 - Confined Fourteen Days .
1527. THOMAS SMITH was indicted for stealing, on the 26th of September , 2 gowns, value 9s.; 1 shawl, value 5s.; 3 waistcoats, value 5s.; and 1 pelisse, value 10s.; the goods of Richard Attenborough the elder, and another .
GEORGE ATTENBOROUGH . I am in the employ of Richard Attenborough the elder, and another; they are pawnbroker s; they have a warehouse over their shop in Crown-street, Finsbury-square - on the 9th of September, we missed some property from there; about 3l. worth, and on the 10th, we missed about 4l. worth, and found that a piece of wood had been removed, so that any one could get their hand up and get the articles; the wood had been replaced again; on that night I placed my boy in that loft, to give me a signal by shaking a bunch of keys, and between seven and nine o'clock, he gave the signal; I went round to the box which is under the loft, and saw the prisoner with his hand raised up drawing goods from the loft.
JOHN PAWLEY . I was set to watch in the loft - the loose board was just by my side - I waited two hours and a half, when the board was raised; I pulled the string, and they took the prisoner with this property.
Prisoner's Defence. I went in to pawn that shawl, two men ran out as I went in, and the witness came and took me; I know nothing of the other things.
GEORGE ATTENBOROUGH . This shawl is his own property; these other articles were about his feet; this other shawl, which is ours, was under his arm; some of these articles were hanging out of the hole.
GUILTY . Aged 35. - Transported for Seven Years .
FRANCIS KEYS . I am an officer. On the 11th of October, I watched the two prisoners from Marylebone-street to St. James'; I saw them go into several shops, and at last Pearce went into Mr. Gooch's, in Curzon-street , and Gordon stood at the door; as soon as he came out, I saw them close together; I told Webster, who was with me, to watch them; and I went into the shop - I asked Mr. Gooch if he missed anything? he said he did not; I said, "Try your till," which he did, but it was locked - I then went on, and followed the prisoners into Jermyn-street - I then saw Pearce go into a baker's shop, and reach over the counter to feel for the till; he then went to the further end of the counter, and looked behind him - he then came out again - Webster had at that time taken Gordon, and called to me - Pearce then went in at the further door of the shop, and came out again, and I took him; he asked me what it was for; I said for being on the sneak.
PHILIP WEBSTER . I was with this officer, what he has stated is correct - I took Gordon, and found this pair of silver spectacles in his hand, which I had seen him draw from his pocket; I said, "How do you account for these spectacles?" he said, "They are my own;" I said, "I suspect you took them from the brush-maker's shop in Curzon-street" - we went there, and I said to the prosecutor, "Sir, do you now miss anything?" he said "No;" I then said, "Sir, do you wear spectacles?" he said,"Yes;" I said, "Where are your spectacles?" he looked for them, and they were gone - I showed him these, and he claimed them as his.
MATTHEW GOOCH. These are my spectacles; I think they must have been taken from my writing-desk.
PEARCE - GUILTY . Aged 17.
GORDON - GUILTY . Aged 17.
Transported for Seven Years .
Before Mr. Common Sergeant.
1523. MARY ROACH was indicted for stealing, on the 2nd of October , 3 drinking glasses, value 5s. , the goods of John Mapp ; and CATHERINE ROACH was indicted for feloniously receiving the same, knowing them to have been stolen .
JOHN MAPP. I keep the Portugal Arms, in Quebec-street . Mary Roach was my servant for five or six months; she left me about five months ago - in consequence of information, I spoke to two officers, and went to No. 20, Steven-street, Lisson-grove , where Catherine Roach , the mother of Mary Roach, lived - I asked Catherine Roach if she had any objection to our looking over the premises; she fetched a key, opened the parlour-door, and in a box in that room we found these three glasses, which are mine; my name is on two of them, and the name of a former landlord on the other - Catherine Roach then went on her knees, and begged I would not take her - we then went and took Mary Roach into custody, at the Globe public-house, at Lisson-grove, where she was living - I took her to her mother's, and showed her the glasses; she begged I would not take her.
Cross-examined by MR. PHILLIPS. Q. Catherine Roach made no hesitation at producing the key of the parlour? A. No, she opened the door herself - these glasses were found in a deal-box, like a servant's box - whether Catherine Roach had ever opened it I don't know - I recollect during the time Mary Roach lived with me, that a party of gentlemen were at my house one night, who got tipsy, and broke the glasses; but they were mostly ale glasses; there might be some like these; I did not hear Mary say, that as the gentlemen had paid for all the glasses, she was entitled to those which were left whole as her perquisite - she might have taken more valuable things than these - I don't wish to hurt her, but I was forced to prosecute.
NOT GUILTY .
First London Jury, before Mr. Common Sergeant.John Alfred Chalk , to both of which indictments he pleaded
GUILTY . Aged 37. - Transport
GUILTY . Judgment Respited .
NOT GUILTY .
ROBERT WRIGHT . I am in the service of Mr. Richard Parker at Hambro'-wharf . I received a cheese of twenty-five pounds weight, on Saturday the 21st of September, at my master's house; I placed it with thirty-five others under a shed, about two o'clock in the day; I did not see it again till half-past six o'clock, when the beadle told me something; I then missed it - I went with him and saw it- this is it, it is marked G. S., and is worth 10s.
PETER MURPHY . I am a beadle. On the evening in question, I was in Queen-street, Cheapside; I saw the prisoner with this cheese on his back; I followed him for some time; I came up to him, and asked where he was going with that cheese? he said, to Hill-street, Finsbury-square; but he did not know the number, nor the man's name, who he was going to; he said, he brought it from Mr. Parker's; I asked if he had any note? he said"No" - I followed him till I got to Guildhall-yard, and there took him into custody; he there said he took it through want.
Prisoner's Defence. I went to the water-side to look for work, but could not get any; as I was coming back, a man asked me to carry the cheese to Finsbury-square, and said he would pay me for it; I went up Queen-street, and the officer took me.
GUILTY . Aged 19. - Confined Four Months .
LANCELOT BROWN. I lodge at No. 3, Well-street, Falcon-square , and the prisoner lodged there also. On the 27th of August I was ill, and went to the hospital, leaving my property at No. 3, Well-street - on the 7th of October I returned there, and examined my boxes; that which contained my clothes had been broken open, and I missed one coat, worth 2l. 10s., two waistcoats, worth 1l., and three pairs of trousers, worth 2l.; these are part of them, which I had left in my box.
JAMES JAQUES SHOUT . I am in the service of Mr. Brown, a pawnbroker, in Fetter-lane; I have a coat, a waistcoat, and a pair of trousers, which I took in of the prisoner; I lent him 20s. on them - I am sure he is the person.
JOHN HILL . I am an officer; the landlord of the house told me of this, and I found that the prisoner had left the house two or three days before, when he had heard it announced that the prosecutor was coming back from the hospital; I received information, and went into the country, where I found the prisoner; he told me part of the property was pawned in Fetter-lane; the rest of the articles I cannot trace.
Mr. Brown, and Mr. Macey, gave the prisoner a good character.
GUILTY . Aged 21. - Judgment Respited .
HENRY LEE . I know the prisoner; on the 21st of August , he was brought to my house in Leadenhall-street , by my foreman; he said he had had the misfortune to lose his money out of a hole in his pocket, and he wanted to borrow £2 which he had to pay for his father, Mr. Dell, the Witham waggoner, who brings meat for me to sell at Leadenhall market, and that on Saturday, his father would be up, and he would be sure to pay me; the prisoner was dressed in black, and he had a smock frock on - I desired my man to take him over to my counting-house, and give him the money - I didnot go to see it done.
Prisoner. Q. Had you ever seen me before? A. No; I am sure you had a smock frock on; but I could see the lower part of your dress - I could not see your coat.
THOMAS SMITH . I am foreman to Mr. Lee; the prisoner came to the shop and enquired for Mr. Lee; I took him to the house - my master was at dinner; the prisoner said he had the misfortune to lose two sovereigns, and he wanted to borrow two sovereigns of my master, saying he was the son of Mr. Dell, who had given him the two sovereigns, and if my master would lend it him, his father would pay it on Saturday; my master desired me to take him to the clerk, who gave him £2 in silver.
FREDERICK BOLTON . I am clerk to Mr. Lee; I gave the prisoner five half-crowns, thirteen sixpences, and twenty-one shillings; he had a smock frock on - I cannot say whether it was long enough to conceal his trousers, as I was inside the counting-house.
JAMES DELL . I am the Witham waggoner; my eldest son is between twelve and thirteen years old, but the prisoner is not him - the prisoner is not my son; I have seen him several times - I never gave him any money for me, and never owned him as my son.
Prisoner's Defence. I am innocent of the charge - I never saw Mr. Lee, nor any of his men till I was in custody - I never was in his shop in my life; Mr. Lee accused another man of it as I was told, and stuck hard and fast that it was him, until Mr. Dell said that man was not in town on that day; and then he said it was the other man, and Mr. Dell asked me if I would come up and show myself, and clear myself of the charge, and I did so; and when I came, Mr. Lee said I was not the person, and then he said he thought I was.
HENRY LEE. I said at first that I thought the prisoner was not the man, as he had not his smock frock on - I never accused any one else of it; the other man was shown to me, and I said he was not the man.
JAMES DELL . I have seen the prisoner in London, and on the road; he has come to town by the waggon and paid his fare; he knew the days it came up - I don't know that he knew I came to Mr. Lee; he knew my name very well.
GUILTY . Aged 20. - Transported for Seven Years .
1529. HENRY LEVI and SOLOMON LEVI were indicted for feloniously receiving, on the 29th of September , of an evil-disposed person, 1 watch, value 18s., the goods of James Davis , well knowing it to have been stolen .
JAMES DAVIS . On the 29th of September, I was in Petticoat-lane about half-past ten o'clock at night - I was in a state of inebriation; I believe I lost my watch, but I cannot say how I lost it - this looks like my watch, but upon my word I cannot say it is it; I cannot tell whether there was any watch-paper in it - I never looked to see if it had any mark on it.
The other witnesses did not appear.
NOT GUILTY .
OLD COURT, Monday, October 21, 1833.
First London Jury, before Mr. Baron Vaughan.
1530. THOMAS COX SAVORY was indicted for, that he, on the 21st of August , at St. Peters, upon Cornhill , unlawfuly did expose to sale, certain wrought plate of silver, to wit, 6 silver spoons, having thereupon, a certain forged and counterfeit mark, forged and counterfeited in imitation of the mark of the leopard's head, made with a mark, used for the marking of silver plate by the Company of Goldsmiths, in London, in pursuance of certain Acts of Parliament on that behalf, made and passed, and in force at the time of passing a certain Act, made and passed in the 13th George 111; entitled,"An Act for repealing so much of an Act of the 31st year of his late Majesty, as inflicts capital punishment for frauds and abuses in the marking or stamping of gold or silver plate, and for inflicting another punishment for the said offence;" he, at the time he so exposed to sale the said silver spoons, well knowing the said mark to be forged and counterfeited as aforesaid , against the statute, &c.
9 OTHER COUNTS, varying the manner of stating the charge.
MESSRS. ALLEY and PHILLIPS conducted the prosecution.
WILLIAM COX . I am prime warden of the Goldsmith's Company; in consequence of something I heard, I went to the shop of Mr. Savory; in Cornhill, on Wednesday, the 21st of August; I asked for six tea spoons, stating that I wished to buy six plain tea spoons - I was furnished with them; (I now hold them in my hand) I looked at the marks and thought they were forged - I asked to see some more spoons - I did not specify any number; I asked if their spoons of other patterns, but the same quality, were a higher price - and asked to see some; the shopman told me he had none, but I might see some in the afternoon - there were three shopman in the shop; I examined the marks openly on the counter, and asked if they were the proper marks - the shopman told me they were all manufactured at their manufactury, pointing to a board with golden letters, written on it,"Manufactory, Myrtle-street, Hoxton;" the board was at the top of the shop, just above the counter - and he added if these marks were not put on at Goldsmith's Hall, they were subject to a penalty of £50, for every article they sold without it; I paid £2 for them - there are the regular officers here from the hall, to prove the marks.
Cross-examined by SIR JAMES SCARLETT. Q. How long have you been warden of the Company? A. Nearly four years; I am not in the trade, nor connected with it in any way - we had made no discovery respecting a man named Treen when I went to Mr. Savory's; he was also under suspicion at that time - at the same time I received a communication regarding one party, I received it regarding the other party.
COURT. Q. Treen was not then apprehended? A. No.
SIR JAMES SCARLETT . Q. Had you any knowledge or information at the time, that Treen had been working for Mr. Savory? A. I really don't recollect; when I bought the spoons I did not ask whether Mr. Savory was at home or not; I did not know him - I afterwards sent Mr. Prideaux on the same day to buy six more spoons; he brought me six spoons - I have not got them - I don't recollect making any inquiry for Treen's workmanship - I am not certain that Treen was in my mind at all, for the spoons I bought had T. C. S. on them - I did not direct Mr. Prideaux to make inquiry about Treen, when I sent him to purchase the spoons - I never was in Mr. Savory's shop before or since; I did not go at the time the search was made - these spoons are marked W. T.
Q. I thought you said they were marked with the prisoner's initials? A. They are marked W. T.
JOHN SMITH . I am engraver to the Goldsmith's Company. The marks on these spoons are forged - the whole of them; the leopard's head, the lion passant, and the king's head - the assay marks are the leopard's head, the lion passant, and the letter S; the letter S denotes the letter of the year; the present year commencing the 29th of May - that is the time at which the wardens are elected - the initials of the maker's name here are W. T.; I have no doubt the stamps are forged.
Cross-examined by SIR JAMES SCARLETT . Q. How long have you been engraver to the Company? A. Since 1807 - the Company are authorised to impress stamps of their own when they assay silver - the Stamp Office have the management of the King's duty - the stamp is made by me, by the authority of the Stamp Office - the stamp is put on the plate by the Company at the hall - they have the stamp of the king's head to denote the duty is paid; and their own stamps, the lion passant, the leopard's head, and the letter of the year, are all put on at the hall at the same time - all those stamps are forged - I am not in the habit of attending at the hall when the stamps are put on; I know how it is done - the plate is sent in a bag to be stamped; there is a ticket with the bag containing the weight of silver - the duty is 1s. 6d.
Q. Now; did you go on the search at Mr. Savory's shop? A. I did - I did not know Mr. Savory - we went to search on the 24th of August - Mr. Fuller accompanied me; Mr. Miles went also, but left immediately, he was going to Bow-street - Mr. Miles is assayer - we went with Forrester, a city officer, between eleven and twelve o'clock I think - I think the question was asked, whether Mr. Savory was at home - he was out; I don't recollect where they said he was - one of the shopmen asked to write a letter to Mr. Savory; I did not look at it - I went out of the shop to get a bun at the pastrycook's - nothing was said about the letter afterwards in my presence - I should not think we staid more than an hour there searching, for we took the plate away to the Goldsmiths' Company - we took the whole plate that they gave us up; which they said was the whole.
Q. Was not Treen's work asked for? A. It was not that I am aware of - when I was present six hundred and fifty-five ounces were taken.
COURT. Q. You took the whole without considering whose it was? A. We did.
SIR JAMES SCARLETT . Q. I know you took the whole afterwards; was the whole taken at that time; did you go twice? A. I merely went into the shop I think a second time; but I don't recollect stopping there - I was only present at one general search - the day I went with the officer we took the whole plate that was delivered up to us - I was not present when there was any contest about an officer being left in the house, and it was agreed a padlock should be put on the door - the first time I was present was when six hundred and fifty-five ounces were brought away - there had been a search before; I was not present at the first search - Mr. Miles went to the first search I believe - he brought some plate to me to be examined; I don't know how many ounces; I did not take any account of the weight - I don't know what he took away - I examined all Miles shewed me; I am not aware that Miles shewed me anything till after I made that seizure - I examined some, but not what was brought me by Miles - Mr. Bedell brought some from the prime warden - that was one spoon.
COURT. Q. When did you examine what Miles brought? A. It was after the first seizure.
SIR JAMES SCARLETT . Q. Then you don't know that Miles took thirty-six ounces? A. No; I took six hundred and fifty-five ounces - only sixteen ounces nine penny-weights were kept, and I believe the rest of the six hundred and fifty-five ounces were returned - I was four or five hours examining it at Goldsmiths' Hall; I had a glass - the plate was full of dirt with the polishing powder; it took some time to clean it out.
Q. Was any of that cleaned out by the shopman while you were searching? A. They cleaned out two or three, but I said we had better take it to the hall, where we could do it more effectually - I do not remember Miles thinking some was forged that I thought not.
Q. Don't you remember Miles, or somebody saying,"It is all forged," and your saying, "Oh! you know nothing about it?" A. I never said such a thing; I don't call it to my mind - there was no difference of opinion on the subject of forged marks being on some of it - I did not consult with them upon it - I have no recollection of any difference of opinion about it - every piece was examined to the best of my knowledge; I don't think I missed any - I did not examine the whole with a glass, where I did not see it required a glass.
COURT. Q. Could any person commonly conversant with the company's mark be able to discover it was not the company's mark? A. It was very well done, a portion of it; the public would be deceived, but silversmiths would be able to detect it.
COURT. Q. Some of it is indifferently done; is it in the letter S, the leopard's-head, or the lion passant? A. The general character of the mark altogether is indifferently done; the whole of it.
MR. ALLEY. Q. You have said there was no difference of opinion among your gentlemen at the Hall about the forgery? A. No - I had no conversation with them on it, at the time I examined the plate, a considerable delay was occasioned by dirt being inserted - the public could could not see the mark - they could not discover it.
GEORGE MILES . I am assay master at Goldsmiths'-hall. I accompanied the officers, Cope and Forrester, to Mr. Savory's shop, on the 23rd of August, last; we had a search warrant; we seized about thirty ounces of plate, I have it here (produced); I have no account of the exact quantity; I signed a book for it; here are four tea-spoons, and six butter-ladles; we seized about twenty-seven ounces, on the 23rd of August, according to my signature, the four tea-spoons, and six butter-ladles are about fifteen ounces - I examined the twenty-seven ounces, with a view to ascertain whether the marks were forged - the four tea-spoons, and six butter-ladles have forged marks - the remainder of the twenty-seven ounces had genuine marks - I went the next day, the 24th, with Mr. Smith, and Mr. Richards, an officer belonging to the company; I left Smith and Richards there, and went away; I had other business to attend to; what took place I cannot tell.
Cross-examined by SIR JAMES SCARLETT . Q. At what time of the day did you go on the 23rd? A. Between four and five o'clock; I found four young men in the shop; I went with a warrant accompanied by the City Marshall, and one of the City officers; I cannot say whether I asked for Mr. Savory - I heard that Mr. Savory was either at Hastings or Brighton - I recollect one of the young men writing him a letter, Mr. Cope read it - two officers were there, Cope and Forrester - Mr. Lane was not there, nor Mr. Prideaus - there was somebody else there, who I don't know - I did not hear the letter read - we did not look at all the plate in the shop, for we came home, the shop was so extremely small, and it was dusk - customers constantly coming in kept the shop in confusion - I did not ask for the work of Treen - I don't recollect it - nobody asked for it in my hearing that I remember - I looked over one or two articles of plate - we looked over a very small portion of plate that evening - the young men in the shop assisted to clean out the marks in the shop - I did not take the plate to another shop which was more light - the plate was taken
Q. Is it your business as assay master to ascertain the quality of the silver? A. Yes - I do not put on the stamp; somebody in our office does - when I have ascertained the plate is proper quality according to law, I give permission for the stamp to be put on - I have been assay master for about twelve years - I have not been constantly in the habit of examining the marks - I now and then look at a mark, but it is not my business to look at the marks.
COURT. Q. Your business is to see that the quality is right, you have nothing to do with the marks? A. No.
SIR JAMES SCARLETT . Q. I thought you were sent to examine, because you knew the forgery? A. If there was any mark I had a doubt upon, I should refer it to the engraver - I cannot say why I was sent - I was ordered by the warden to accompany Mr. Cope - I have been examined here before on this question, and called to give evidence about stamps - I have no recollection of making any mistake about about any - this is my signature in this book, I signed it on the 23rd of August - it is a true entry of the articles we took away - (reads) - "four shell deserts, six fiddle sauce, six teas, two mustards, one salt,"(that means salt spoon) and here is something about another salt, with K. P. before it - I don't know what it means.
Q. Does it mean king's pattern? A. Yes, that is it - they make altogether twenty-seven ounces - I took them away on inspection that night suspecting these marks to be all forged - they were shown to the engraver next day - I was confident part were forged, of the other part I was not certain - I produce six sauce, and four tea now, as forged - I took altogether twenty articles - I took six teas- I said in the shop that I was not certain about them, but I should take them - I expressed that opinion in the shop - we could not take the whole there was such an immense quantity - I found it quite impossible to go through it myself, and proposed to Cope to secure the shop, so that nothing could be removed, and next morning I would send somebody down - I don't know that a padlock was put on the door - I left that to Mr. Cope - I have not returned the two teas, &c., they are at the hall.
Q. Do you mean to say that neither at the first or second search any inquiry was made about Treen's workmanship? A. I don't remember it; I remember seeing some of Treen's work.
COURT. Q. How did you know it was Treen's unless his name was mentioned, you would only see that by the initials? A. That was what I knew it by, they corresponded with some spoons I have before seen from Savory's - I have no recollection of asking for Treen's workmanship.
SIR JAMES SCARLETT . Q. Were you never there with Mr. Lane? A. Never; nor any of his clerks - Mr. Prideaux was never there with me - I went next day, I think, between nine and ten o'clock; I think I had shewn the twenty-seven ounces to Mr. Smith, in the mean time; the whole of them - when I went next day, I still found it was too dark in the shop - I found the shop extremely small, and we could not go over the stock - I took the engraver; we had not time to take him the first day.
Q. When you went next day was any proposal made by persons in the shop, to go to another shop, as there would be better light to examine? A. Yes: we went over to see the shop, and there were so many workmen there; we thought it best to go to Goldsmiths' Hall, and the plate was taken there - we only took the spoons; we did not take the other articles of plate at all, at that time - I had looked at two or three articles the day before; the spoons were the only things I suspected - I did not know Treen at that time; it was not in consequence of information that I received about Treen, that I suspected the spoons - I never heard Treen's name till after I made the search - The practice is for plate to be carried to the hall and examined, and stamped, and returned to the workmen to finish - it is brought to me before it is finished and the duties are paid.
Q. When you put the stamp on, if the plate is rather thin it sometimes puts it out of shape, does it not? A. Not much in spoons; it puts it out of shape a little, and they must be beat again to get the shape back, and that is after the duty is paid - the duty is paid by the workman he sends the plate with two notes; the duty and the price of marking - the money is received by the clerks in the office; it is put into the bag with the work - it is always the practice to put the money into the bag - the plate is first weighed and ascertained to be correct, then the duty is taken out of the bag; then the plate is tied up again in the bag after it is marked - it is not sealed - that is the invariable rule - if you sent a bag of large table spoons, and a bag of small tea spoons in a separate bag, with your mark on it, they would both he returned on the same day, if they are both sent at the same time - the bag must be brought before nine o'clock; the office is open from eight to nine o'clock in the morning.
Q. Now I put the case of a man sending a large bag and a small bag, before nine o'clock, he receives them back the same day? A. Yes; if a man sent two bags of large work, we should not take it in; we only take in one bag with large work.
COURT. Q. If the same man sends two bags of the same kind of work, you do not take them in? A. No; we should compel him to put them into one bag, as it would occasion so much confusion in the office - they may bring half a dozen bags so that they send a note of them all in one weight; if there are three or four bags, if those bags are all included in one weight; they must send one note with the whole weight.
COURT. Q. That is that you should have one weight for one parcel? A. Yes.
SIR JAMES SCARLETT . Q. Did you examine the mass of plate which was taken the second day to Goldsmiths' Hall? A. No; I was before the Lord Mayor; Mr. Savory came before the Lord Mayor - I have not stamped any plate myself for fourteen years - I have formerly stamped a good deal; I stamped it for about four years, at the Hall.
Q. Then your attention must be drawn to the stamp
COURT. Q. The plate being stamped, is entered in a book? A. Yes.
SIR JAMES SCARLETT. Q. That book is regularly kept from day to day? A. Yes; the man's name is entered, the weight of the work, and what he pays - after a man has entered his name, we can by reference to the books, find out the day that man came to have plate stamped - an allowance of 3d. an ounce is deducted from the 1s. 6d. duty - the money comes in the bag with the work - the workman sends the exact money, deducting the one-sixth - he sends but 1s. 3d. an ounce.
MR. PHILLIPS. Q. You have been asked when the stamp is made on thin materials, whether it bulges on the other side, and you say it is hammered then? A. Yes, it is hammered; I am not a manufacturer and I cannot say whether it is filed.
COURT. Q. Do I understand you, that after the stamp is put on, it is hammered to get it all right again, if imperfect? A. Yes; it is done by the manufacturer; not at the office.
MR. PHILLIPS. Q. You have been asked if you examined principally spoons; your suspicion being directed to them - did you also examine some of the large massy articles of plate? A. I did; tea pots and sugar basins - I found no forged marks on the larger articles, (producing some spoons) - the initials on these articles are R. H. (six forks, two butter knives and a salt spoon produced) these are also forged marks.
COURT. Q. Is this part of the general mass, or of the twenty-seven ounces? A. Part of the general mass.
MR. PHILLIPS. Q. You have been asked about plate being brought in an unfinished state to receive the various marks, and then taken back to be finished; are those articles of plate brought to receive the genuine marks of the Company? A. Yes; it is completely finished, except polishing - If I found on plate produced by a manufacturer, marks at all resembling thesa, I certainly should not take it in.
SIR JAMES SCARLETT. Q. Did you go to White-lion-court to make any search? A. Yes - not as one of the places Mr. Savory manufactured at - there was no manufactory there at all - I went to search a warehouse of his there on the 24th - I did not search there; I was there about a quarter of an hour; I left Mr. Smith there - nothing was brought from there that I know of - I did not go to his warehouse in Myrtle-street, Hoxton - I saw a board in his shop with Myrtle-street, Hoxton, written on it - I had no warrant to search that place, nor was that place entered in Mr. Savory's name - I always understood it to be entered in the name of Hillham - I supposed the warehouse in White-lion-court to be in the name of Hillham; our books don't enter the place of manufactory, but the place of abode - I have Richard Hillham entered - it was not known that Mr. Savory carried on a wholesale business under the firm of Richard Hillham .
COURT. Q. The name of Richard Hillham is in your books? A. Yes; as at 24, Myrtle-street, Hoxton; the place of abode of Richard Hillham is not there - we went to No. 24, Myrtle-street, but found Hillham did not live there - the manufacturer should enter his place of abode in the books - he has entered No. 24, Myrtle-street, as his place of abode, but we found he did not live there.
MR. PHILLIPS. Q. Now Mr. Miles, how soon after you searched Savory's shop, did you go to White-lion-court? A. The next morning; the officer, Forrester, went with me - I found somebody there, but not an officer - when I went there I did not find the premises in possession of any officer.
JEREMIAH FULLER. I am one of the assayers of the Goldsmiths' Company. I have the book in which the entries are made of the different manufacturers, (produced) Savory has entered his name as "Thomas Cox Savory, plate-worker, 54, Cornhill" - I find no reference there to a place called Myrtle-street - there is no R. H. in my book to correspond with the R. H. on this fork - we have some R. H.'s in our books, but they don't correspond with that - there are smaller and larger letters, but none of this size - none with a punch which would produce this impression - when they enter their name they produce a punch, and we take the impression ourselves; and this R. H. does not correspond with any impression in our books.
Cross-examined by MR. SERGEANT ANDREWS. Q. Is that the book in which all the names of the persons are kept? A. Yes; there is no other Thomas Cox Savory in the book - there is an entry of Adey Bellamy Savory, 54, Cornhill - the date of the entry is 14th of February, 1826 - there is no change in the entry since that time; it stands as it was made in 1826.
COURT. Q. What is the date in your entry of Thomas Cox Savory? A. The 13th of September, 1827.
MR. SERGEANT ANDREWS . Q. Your book is composed of several columns, is not it? A. Yes; the first is for the workman's name, and under that is inserted, " Thomas Cox Savory " - the next column is the trade; under that is entered "plate-worker" - the next is place of abode, and that is "54, Cornhill' - then follows the impression of the mark T. C. S. - then the date "September 13th, 1827" - then I have another column, by whom; and another, before whom - by whom, means the person whose signature is entered to the mark; it means that Thomas Cox Savory entered that mark; and before whom, means the person before whom the entry was made, which is William Dines - I have a column headed, "Signature of the party" - that is merely the signature of the mark - the person (Thomas Cox Savory) sings the book - here is an entry of Richard Hillham, place of abode, 24, Myrtle-street, Hoxton - date of the entry, 10th of September 1828,
COURT. Q. Spoons of this description? A. I don't know exactly what description-it is not necessary for a workman to bring his own work, he may send his workmen with it, with the duty - I have no entry of the initials R. H. except Hilham's.
MR. PHILLIPS. Q. The Goldsmiths' Hall year begins at the election of the wardens, the 29th of May? A. Yes; S is the letter denoting this year, from May last - the letters R. H. on this plate, are not impressed from the punch entered in the book.
JOHN FAIR DURHAM . In August last I was in a situation in Mr. Savory's shop, No. 54, Cornhill, - I have served him from the 27th of April, in this year, to the present time; In April, Treen was one of the workmen - I did not know where Treen lived - Treen came occasionally for his work, and occasionally sent his man, Cook - I knew him by his coming, and knew Cook by his being sent - Treen continued to be employed, more or less, from April; he was discharged at the end of July - I heard of it - I did not know the cause of it - I remember Cook coming to claim a balance of 3l., about the middle of July; he received 2l. less than the money he asked for - he had brought in a bill - he was employed two or three days after that happened; I am not sure how he was finally discharged - when work came from Treen in his name, or by Cook, the bill was handed to Mr. Savory - when the work came home a bill was brought with it - to the best of my belief, in all the instances of plate being brought from Treen, that I know of, he was paid as usual, the duty, the price of manufacture, and had the weight of metal returned; Treen and Cook always brought an account to the shop when they brought work - other men worked for Mr. Savory - when Treen or Cook produced a bill, Warboys made an entry of it - he was paid according to Warboys' direction - he would be paid by a cheque, for the silver, on Sorrell, the refiner, and cash for the fashion of the goods and duty; the cheque would be for the quantity of silver to be returned; that was the constant course of business during the time I was there; it was so with Cook as well as Treen - Cook was considered a workman of Treen's - Treen's notes were chiefly preserved; I believe this to be one of Treen's notes for the month of April,(looking at it) - I know Treen's writing - I have always seen the man when he received the notes for silver, and money for duty, mark it on the bill which he brought; this one has William Treen 's writing, there is a charge for duty in the bill - it was an invariable practice at Mr. Savory's, that in every ticket brought there was a charge for the duty, and, as far as I am able to judge, the amount of the charge both for duty and work was paid - between April and July I might have witnessed the mode of payment for work done once or twice a week - I never knew any instance to the contrary - I never knew a deduction of a farthing for the duty - it was sometimes Warboys' duty to keep the bills - four young men were employed in the shop - Mr. Savory was at Hastings at the time the search warrant came - the officers first came on Friday; I was there when they came in, about five o'clock, on the 23rd of August, it was twilight - I should say it is a darker shop then ordinary - Mr. Cope, the marshall, George Miles, Daniel Forrester, and, I rather think, a gentleman named Prideaux, came with the search warrant; Mr. Prideaux was a clerk of Mr. Lane, attached I believe to the Goldsmiths' Company; Mr. Cope said he had a warrant to search the premises, I answered for Mr. Savory; Treen's name was mentioned; either Mr. Miles or Prideaux introduced the name of Treen; I am quite certain Mr. Miles was present when Treen's name was mentioned; he said they were searching for Treen's work; Miles or Prideaux said that, one or the other, and I am sure in Miles's hearing; one of them said it was only Treen's work they were searching for; we collected what work we saw of Treen's, and it was handed to Miles I believe; I said it was better to collect it ourselves, and show it them; I collected what I believed to be Treen's work, and produced it; the only criterion by which I judged of Treen's work, was the mark of W. T. on it; Miles said to his own party I consider that it is forged - they went away and took 27 ounces of silver, that evening.
Q. Was anything mentioned about your making search after Cook, Treen, and Bates? A. Yes; it was by Mr. Prideaux, he mentioned Treen more particularly, I should say Treen more certainly; Mr. Prideaux asked where Treen lived, Warboys answered it was in Essex-street, Battle-bridge; they asked who worked for Treen, and was answered a person named Cook; it was described where he lived to Forrester, the officer, by Warboys - Warboys offered to go and point out the residence of Treen, and also his person that evening, after business was over; the same offer was made with regard to Cook - they accepted the offer - I believe Warboys went, but not to my own knowledge.
Q. Now, at the time of the search, both the first day and the second, was every facility given to make it effective, and were all papers and books produced? A. Most certainly it was; I thought it most prudent so to do - the book containing Treen's account was examined on the Saturday - when Miles came on Saturday, and asked to see the books, I asked if his warrant would authorize him to see them, he said it authorized him to do anything; I said I doubted it, but produced them, and he took extracts from them, or a person with him did so
MR. ALLEY. Q. Mr. Savory was in the country? A. He was, and he left me there as assistant - Mr. Cox did not ask me for six more spoons when he bought the six, to my recollection; the duty is 1s. 6d. an ounce on spoons - we do not charge the duty separate from the rest; we charge so much an ounce - we sell tea spoons at 7s. 8d. an ounce, including all the shopkeeper's expences - 7s. 2d. was not paid for these; we have a paper in the window which intimates we sell spoons at 7s. 2d. - that only alludes to tables spoons and dessert spoons.
COURT. Q. Did you sell these spoons for 7s. 8d.? A. I believe I did, if I did otherwise it must be a mistake.
MR. ALLEY. Q. Is that the price you usually charge for tea spoons? A. It is, and 7s. 2d. for dessert spoons, and table spoons, and forks.
SIR JAMES SCARLETT. Q. Is this the paper which is put in your window? A. It is a printed paper like this; a paper of prices.
This paper was here read, stating fiddle pattern spoons, dessert and table spoons at 7s. 2d. an ounce, and tea spoons at 7s. 8d., &c. &c.
Witness. I gave an invoice in writing to the last lot, in which I included the first - according to my belief I charged 7s. 8d.
SAMUEL WARBOYS . I was in the service of Mr. Savory about three weeks since; I had been in his service about seven months - I came to him about February last; I had been in the same line of business before, about seven years, serving as shopman, more or less - I was in the habit of selling plate, and mostly receiving it from workmen - I knew a workman named Treen, employed by Mr. Savory.
COURT to DURHAM. Q. Looking at those spoons, is there any thing about them that would strike you that they were forged marks? A. No, sir; on now looking at them and examining them, I should not be able to discover they were forged impressions - I do not consider myself a sufficient judge; I have been in the employment nearly four months.
MR. ALLEY. Q. Look at the W. T. on that, is there nothing remarkable on that? A. There is nothing to excite my suspicions; it is partially defaced in every instance - I have seen that often in other spoons with other marks.
SAMUEL WARBOYS re-examined. I have been nearly seven years in the trade with different persons - I know that Treen worked for Mr. Savory, who purchased plate of him - Treen was what is called a "Little Master;" that name is known among the trade as "Little Masters" who work themselves, and sell plate to silversmiths - I in general received Treen's work from Cook; I never knew him bring plate without a bill - (looking at some bills) - these are a mass of his bills of parcels - they were made out in general in the same form - the number of ounces are always specified, and the charge for duty and workmanship - we paid him with money for workmanship and duty, and gave him a cheque on the refiner for silver he brought, and the duty was paid with the workmanship - here is a bill of parcels, "8th July, six fiddle butter ladles" - (looking at some) - I cannot say these are the six; I can only say they are Treen's make - at the time we received the orders for these, we had no other in the house - I wrote a twopenny post letter to him for them - I ordered six; the charge in the bill of parcels, dated the 8th of July is, "Mr. Savory, to William Treen, six fiddle butter ladles, 8s. 6d. - weight twelve ounces, duty 18s. 7d., making 1l. 7s. 1d." the whole amount - the amount of silver is twelve ounces, and eight pennyweights - this is a cheque on Surrell the refiner, which was given to him for the silver - I did not see it written - it is Durham's writing, dated the 8th of July.
SAMUEL WARBOYS re-examined. I can undertake to say, that the duty was paid, as well as the making - I should say these tea-spoons which Mr. Cox bought, are Treen's make - I cannot say they are the spoons Mr. Cox bought - at the time they were bought, I was serving another customer; we have had a quantity of tea-spoons of Treen, several times; it was an invariable rule to pay him a cheque for the silver on the refiner - and cash, for the duty and make; I never knew of the least variation from that rule - I should not know any of those stamps to be forged; if Treen had brought these spoons to me, and I had no previous suspicion of the man, there is nothing to induce me to look at them narrowly, to suspect they were wrong - I do not know how long Mr. Savory has been in the trade; there are ten bills of parcels here, some in Cook's name, and some in Treen's; they are the bills we received from Treen - this one is Cook's writing; he mostly brought the work - Treen very rarely brought work; generally Cook - I cannot tell distinctly, what was the last date of any work paid to Treen, but it was about the latter end of July - (lookingR. H. - his own mark was T. C. S. - we sometimes got goods from the wholesale manufactory for the retail shop; sometimes we have goods marked R. H. in the shop - goods for the wholesale shop were all marked R. H. to my knowledge - I recollect the circumstance of Treen's marking his own goods W. T.; several quantities were bought of him with his own mark on them - Treen had some in his possession at one time marked R. H.; I don't know how he got the mark; I don't know when he gave it up; he brought spoons in marked R. H. - I recollect the circumstance of Cook bringing the mark, and giving it up to Mr. Savory, and after that the spoons were marked "W. T." - Mr. Savory carries on a considerable business; his country business was considerable, as well as his town, when I first lived with him - I cannot say how much he pays for duty in the course of a year, but it is to a very large amount; he has a very large stock of plate - the duty was paid on all the tea spoons that I know of; according to my belief, there was not one on which the duty was not paid - no deduction was made of the 3d.; all the little masters he dealt with were paid the full amount of duty, without deducting the 3d.; whatever they were paid for workmanship they had 3d. an ounce besides.
MR. PHILLIPS. Q. You have been seven years in the trade? A. About seven years - I have not yet been able to discover a forgery from a genuine mark - I never said so to my knowledge; I never said to that gentleman that I could detect the forgery - I cannot say that I ever told him I knew that these spoons were wrong; not to my knowledge - I was not shewn them to my knowledge.
Q. Will you swear this gentleman never shewed you any of the plate in question? A. I saw half a dozen spoons at the hall - I don't know the day, but it was last week to my knowledge - I went to the hall last week; they shewed me half a dozen table or dessert spoons; I think table spoons - the gentleman at the time, Mr. Prideaux I believe, said the hall did not intend to shew any plate, besides that the indictment was laid on, and he showed us half a dozen table spoons; not these six- I cannot say that this gentleman ever shewed me any plate at the hall, at any other time, nor in Mr. Savory's shop - I never told him that I knew there was something wrong about the spoons - it is about three weeks since I left Mr. Savory; I am still on terms of friendship with him; I have no reason to complain of his conduct; I was with him last Saturday evening; I staid perhaps three hours; I left home about a quarter after eight o'clock; it took about half an hour to go there, and I left Mr. Savory's it might be about half-past one o'clock- I was not in his company at all yesterday afternoon; I was in his company in the evening, about five minutes - I was before the Lord Mayor, but I was not called I don't think these invoices were produced before the Lord Mayor, in my presence.
Q. Pray what was it you said about Treen; you say he was dismissed by Mr. Savory, had Mr. Savory and he several little misunderstandings, which they made up afterwards? A. The transaction I recollect was Treen had twenty-eight ounces of silver more then was due to him - Mr. Savory had given him some silver, and at the same time a cheque on the refiner, and about three days afterwards Cook called, and said Hawkins had ran away with the silver - there were only two misunderstandings to my knowledge - I have seen Cook here to-day; he brought Treen's work home - I saw Hillham last night, at Mr. Hargraves, Bishopsgate-street; there is nothing to prevent his being a witness - Mr. Savory had desired Treen to give up the stamp with R. H. on it; I am not aware of the reason, I was not there at the time; I heard from Mr. Savory that he desired him to give it up; he did not state his reasons for desiring it - the only recollection I have of it is, Mr. Savory said, he thought for the future he would have Treen mark his own work in his own name, and give up the R. H. stamp - Mr. Savory is acquainted with Hillham.
SIR JAMES SCARLETT. Q. Did you assist in keeping the books? A. I did; the wholesale trade was carried on in the name of Hillhan.
MR. PHILLIPS. Q. Hillhan to your knowledge is not very ill to day, is he? A. Not to my knowledge.
SIR JAMES SCARLETT. Q. Cook is the same man as the prosecutors examined on Saturday? A. He is; the two misunderstandings I alluded to were, Cook came one afternoon, or Treen, and there was nearly a new bag lying in the shop; he took that and left his own behind him; the person belonging to it came, and Mr. Savory said, he did not like the appearance of it, and sent one of our lads immediately down to Treen for it, and it was brought back again; that was one misunderstanding; I do not know when that happened; it was soon after I came - the next was, he brought some work, and it was about Mr. Savory's time to leave town for Peckham; Mr. Savory asked him what it was; he said, 3l., and it was only 1l.; that was Cook; Mr. Savory disapproved of that; those are the misunderstandings - I assisted in taking up Cook; Mr. Prideaux asked if I knew where Cook lived; I said, I knew where he used to live, and if he would meet me after I left the shop, and would go
BENJAMIN METCALF . I was in the employ of Mr. Savory; I have been with him about two years - I never was a silversmith; I was a clerk, but not in that trade - I knew the manner of his dealings with Treen; I was the clerk who kept the accounts - he used to pay Treen for making the goods and the duty, and give a cheque for the silver - Treen used to bring an account, with the goods, the weight, fashion, and duty; he was paid in cash for fashion and duty, and silver for the weight; he was always paid the full amount - I think Mr. Savory discontinued to employ him in May or July; he did not employ him afterwards that I am aware of.
SAMUEL WARBOYS (looking at some spoons). I believe these to be Treen's work - I have not the least doubt of it.
SAMPSON MORDAN . I am a silversmith, and live in Castle-street, City-road. I have considerable transactions with silver articles; I have known Mr. Savory about ten years; six years in business for himself; he bears the character of a person of the strictest integrity - from my knowledge of him he would not for the sake of gain commit a fraud - I have found him strict in small matters, such as correcting errors made by our clerks - on looking at this plate with the naked eye I should not detect anything wrong here; I should say even looking at it with this magnifying glass it is almost impossible - the work is so battered it would have to be replaced in its original shape; the leopard's head is so stretched - I might take up a dozen articles coming from the hall, and there would be a visible difference - I should not be able to judge whether it is a genuine or forged impression - it is my business to manufacture the patent pencils; I employ about fifty men in the trade.
COURT. Q. I think you say, it has been so battered to make the impression, that to bring the spoon back to its proper shape, the spoon becomes defaced. A. It is; the French do not cut so deep as we do here - you are obliged to beat it to get it back to the share; it is battered in receiving the stamps at Goldsmiths' Hall.
Edward Harris , corn-merchant, New Broad Street; and Thomas Fouler, banker, of Broad-street, deposed to the defendant's good character. There were a considerable number of other witnesses in attendance, but the Jury expressing themselves satisfied, they were not called.
MR. ALLEY replied.
NOT GUILTY .
NOT GUILTY .
First Middlesex Jury, before Mr. Recorder.
"Received, of Mr. Laming, this day of September, 1833, the sum of two pounds, eighteen shillings, and five pence.
2ND COUNT, for feloniously uttering a like forged receipt, knowing it to be forged with a like intent.
3RD and 4TH COUNTS like the first and second, only calling the forged instrument an acquittance.
RICHARD DOUGAL. I am a lead merchant, and live at No. 20, Cammomile-street, and keep a Soda-water manufactory, at St. Mary Axe - the prisoner is my nephew, and entered my service sometime in August, at 5s. a week, and boarded in the house - he was servant at the soda-water manufactory - he left my service on the 24th of August - he was not authorised to sign my name to receipts - I applied to Richard Laming , of Finsbury-square, for 2l. 18s. 5d. which was due to me for lead - (looking at the receipt) I believe this to be the prisoner's hand-writing; it is not my hand-writing; the signature is not mine - I never forbid or authorised the prisoner to sign receipts in my name, when he received money for me - I don't know that I should have complained of his signing my name, provided he had brought me the money he received - it is not probable that it would have come to my knowledge.
Q. If he brought your money and said, "I have given a receipt for this sum," should you have complained of it - or thought it his duty? A. Certainly not; I complain both of his signing my name and not paying me the money - no person in my employ was authorised to sign my name to a receipt.
Prisoner. Q. Pray what did I receive as your servant? A. Five shillings the first three weeks, boarding in the house - you afterwards received 12s.; the soda-water manufactory was mine; my name was not placed over the door without my knowledge.
COURT. Q. How did it become your property; had you purchased it? A. I did; I did not agree with the prisoner for any wages as a servant; I was to give him what I thought proper.
Prisoner. Q. Did you ever pay me? A. My daughter did - I received no profit from the concern, for I was a loser by it.
HENRY EDWARDS . I live with Mr. Richard Laming, at No. 48, Finsbury-square - the prisoner called at the house of my employer, for an account due to Mr. Dougal - I recollect his coming one evening, and being directed to call next morning, by Mr. Laming, he called next morning, I did not see the receipt; I was sent out for change for a sovereign, but did not see him paid, nor
Prisoner. Q. Did more than one person call for the money? A. Yes; more than one person called for it several times - I don't recollect on what day it was.
RICHARD LAMING . I have seen the receipt produced - I received it from a person to whom I paid the money - I don't recollect the prisoner's countenance - I saw hat one person - I paid no attention to the prisoner's countenance - I don't know whether it was him I paid it to.(Receipt put in and read.)
RICHARD DOUGAL re-examined. Q. Did you at any time send the prisoner with a sum of 80l.? A. Yes; that transaction was done honestly - I cannot answer whether the prisoner might have furnished a person with the receipt in my name, thinking he had authority to do so - I never sent more than one person for the money; nobody else called by my authority - I authorised the prisoner to call for it.
The prisoner put in a written defence, stating that the Sodawater concern did not belong to the prosecutor, whose name was only printed on the door, in order that the business might be kept from the creditors of Davis, his son-in-law, who was in Whitecross-street prison, for debt, and that he was never in the prosecutor's service.
RICHARD DOUGAL re-examined. I am very familiar with the hand-writing of the prisoner - I have every reason to believe the writing is his - I have not a doubt of it - the signature is disguised - the body of the receipt is written in his own hand; I have not a doubt of it being his hand-writing.
Q. Being employed by you, if he had paid the money, and said, he had given a receipt in your name, should you have complained? A. I cannot answer the question; I should not have wished him to have signed my name; I have sent him to collect money, not on account of Davis - Davis is not interested in the business; this was for lead - nobody was interested in that business but myself - I have received money from the prisoner in my lead business - I don't know whether he gave a receipt in my name on that occasion; I have not heard; he no doubt gave a receipt - he paid me the money.
Q. Now if he had paid you this money, should you have considered he exceeded his authority, in giving a receipt for that money? A. If he signed my name, I should certainly think he had; I never knew an instance of a person signing the name of his principal, and handing the money over - I always considered it should be with the additional signature of the party himself - it should be signed "for Richard Dougal , Samuel James Dougal."
NOT GUILTY .
First London Jury, before Mr. Recorder.
MR. PHILLIPS conducted the prosecution.
LOUIS NORTON . I am a solicitor ; among other Courts I practise in the Insolvent Court - the prisoner was my clerk , and as such, was authorised to receive money from my clients - I had one named Fuller, and another named Wood; I received information on the 17th of September that he had received money from Fuller - I had seen him on the previous night, in Whitecross-street prison - there was a client of mine named Wood there, to whom I paid a visit - I had seen Wood alone first, and hearing the prisoner was in the prison, I sent for him into the presence of Wood; I said, "Mr. Drew, I understand you have received £2 from Wood;" he said, "Yes, I have;" he said so in Wood's presence; I said, "Where is it?" he said, "I have got it;" I asked him to hand it over, he then said, he had not got it, but would get it in a quarter of an hour; I asked him where Mr. Wood's papers were, he said, "Round at your office" - I then said, "Unless you immediately give me the papers, and also the money; I have a good mind to prosecute you," upon which he went away - I called at his lodging the following evening, and said, "Where are Wood's papers, they are not at my office?" he said, "There they are, Sir;" throwing them down on the bed - I told him, I had that instant ascertained that he had received 17s. 6d. from Fuller, he said, "I know I have;" I asked where it was? he said, he had spent it; I threatened to prosecute him; he told me I might do as I liked; on which I went down stairs, called a patrol, and gave him in charge - there is an indictment pending against myself and others for a conspiracy - the prisoner knew that; I paid him 25s. a week - I settled with him every Saturday night - I made him write a receipt in my book for his wages every Saturday night - the receipts are regular in the book, for his weekly wages - he had never accounted to me for this money, until he tendered it before the magistrate, at his second examination - he threw in a paper account; he made no such statement at the first examination.
Cross-examined by MR. ARNOLD. Q. Had he been out of your service before you made the charge? A. He was in my employ up to the Tuesday night, when I discovered he had received Wood's money - I had not dismissed him from my service before - I did not ask the prisoner to come into my service - he had met me in the street some months previous, and asked me if I could give him a situation; I said, I was full, and had no place for him, and while I laid ill, one of my clerks engaged him - I did not know that he was in the service of Abrahams, another attorney - he came to me; he did not tell me that he was in Abrahams' service, and must give him a week's notice before he could leave - he called on me on a Saturday evening, and wanted to know what salary I would give him, and I told him - I took him without a character.
Q. I believe in the course of his employment you have trusted him with considerable sums of money? A. To the amount of about 20l. at a time - I always found him act faithfully - I should not think I have trusted him with 30l. or 40l. - I have sent him out to get cheques cashed; he has gone to my tradesmen I believe, and got the amount for cheques; I cannot say that I was in the habit of giving him cheques - he may have had 35l. at a time - Fuller had not complained to me of neglecting his business, for unfortunately almost immediately after I became employed for him, I was confined to the house very much
COURT. Q. Did you allow him to retain for his own use, sums received from clients? A. I believe he said he kept back two shillings one week, for sums he said he had paid to the crier of the prison.
Re-examined. I did not say when he entered my service "My hours are so and so - I never require my clerk to attend beyond that hour, or if I do I pay him for it."
Q. Did you ever promise the prisoner to give him something extra, in consequence of his staying one hour at dinner instead of two? A. I swear most positively he took on several occasions three hours instead of two, and came back drunk, and I threatened to discharge him; I never promised to make it up to him for staying only one hour - I did not promise him five shillings for every case he brought to my office; nothing of the kind; nor did he ever get a case while he was with me - I owe him two days' wages now, which is the Monday and Tuesday - I have subpoened Fuller here; he has come up from Harwich - I have not given him an undertaking to pay him something for coming up to give evidence; he was not up here to find the bill, and I wrote to him that his recognizance would be estreated.
WILLIAM WOOD . I am a prisoner confined for debt. I am brought here by habeas - I employed Mr. Norton as my solicitor, to procure my release - I saw the prisoner; I paid him 2l. at separate times; the first pound was about the 16th of July , and the next about a week after - on the evening of the 10th of September , I remember Norton paying me a visit, in consequence of a message I sent to him; and he sent for Drew, and asked him in my presence if he had received any money from me; Drew said he had received 2l.; Norton asked if he had got the money; he said, to the best of my recollection, he had not got it, but could get it in a quarter of an hour; Norton told him he had a very good mind to prosecute him for embezzlement, and Drew then left him to get the money.
Cross-examined. Q. You employed Mr. Norton as your attorney? A. I did; I saw him about twice - I generally saw the prisoner - I gave him the 2l. for the expense of getting through the court; I did not take any acknowledgment from him - it was not for the express purpose of employing counsel; I did not tell him to go himself and get counsel for me; I told him I expected Mr. Norton would do my business and find counsel - I had an agreement with Mr. Norton to do my business for a certain sum; I said I expected Mr. Norton to find counsel for that amount - Drew gave me an undertaking; it was given me by Drew about the time I paid him the money; this is it (producing it); I received this from him in consequence of paying him the 2l.; I took the undertaking, thinking he was doing it for Mr. Norton; I never told him not to pay the money over to Mr. Norton; I never said such a word - I certainly complained of Mr. Norton's neglecting my business, because I could get nothing done - I was delayed, and kept there.
Q. Now did you not tell the prisoner not to give the money to Norton, for he had neglected you, and you would not employ him any longer? A. No, I did not; the money was paid when I first had the dealing - when I told Drew to bring the books, and I would have nothing more to do with Mr. Norton, was five or six weeks after I had paid the money; I did not complain of him at the time I paid the money - counsel was to be employed in case there was opposition - it was to be done for the amount I agreed with Mr. Norton for - it was part of the original agreement with Norton to supply me with counsel for the whole sum I was to pay him; it was not to be a specific charge afterwards.
MR. PHILLIPS. Q. Was £5. the sum you were to pay Norton? A. That was the agreement; I understood from Mr. Norton, that he had declined coming to see me because he understood I had not advanced any money, and I sent him word that I had given his clerk £2.; the prisoner did not deny it - after Mr. Norton found the money had been kept back by the prisoner, he acted for me, and did my business as well as he could.
MR. ARNOLD. Q. You mean distinctly to say, he was to employ counsel and every other thing for £5.? A. Yes; that was the agreement - I have not been heard before the court - I have been in prison since the 9th of July - this money being kept back, has thrown me back a month.
PHILLIP FULLER . I am a carpenter. I have come from Harwich to give evidence - I employed Mr. Norton as my attorney, to get me through the insolvent court; he procured my discharge - I saw the prisoner as Mr. Norton's clerk, in the course of the proceedings - I paid the prisoner 17s. 6d. on the 10th of September, on account of Mr. Norton.
Cross-examined. Q. When you paid that money you had been heard before the court? A. I had; I had to pay 17s. 6d. into court before I could be discharged - I have certainly complained that Mr. Norton neglected my business - I might have complained of that to Drew, once or twice; not more than twice, for Drew had nothing to do with my business - when I paid him the 17s. 6d. I did not tell him to take it into court, and not let Mr. Norton have it.
COURT. Q. On what account did you pay the 17s. 6d.? A. For the clearance of the court.
MR. ARNOLD. Q. On your oath did you not tell Drew to take it, and pay it into court? A. I did; I did not tell him that Mr. Norton had very much neglected my business and I would not trust him any more - I saw the prisoner cross from the scratch as it is called, and I said, "What am I detained here for; I understand it is on account of 17s. 6d. not being paid into court; what is to be done?" he said, "Give it to me, I will see it paid in to-morrow," that was how it occured - I recollect seeing
LOUIS NORTON . I went to the court to ascertain whether the prisoner had paid the 17s. 6d.; I afterwards sent it up to the office, as Fuller's discharge was delayed in consequence of it not being paid - I paid it again myself.
LOUIS NORTON . I believe it is a custom for attorneys clerks to treat prisoners in the prison, when they go to solicit business - he had no demand on me whatever, on the score of treating prisoners; I never authorised him to treat persons with a view to get their business - I never allowed him to deduct in a case, what he spent in treating - he was only my clerk, and was sent by me to the prison for particular reasons - I know in the insolvent court, prisoners are treated, but not by me - it never was done, and that I can swear.
The prisoner being called on for his defence, made a long and unconnected address to the court, the substance of which was as follows:- That by an order of the Insolvent Debtor's Court, the attorneys were bound to register the names of their clerks in the books of that court, which the prosecutor not having done, the prisoner could not be considered as his clerk. That the prosecutor was in his debt for having treated different inmates of the prison; also 5s. for every insolvent case that he obtained, and for having worked over hours. That he did not conceive he was bound to pay the 17s. 6d. over to the prosecutor, inasmuch as it was given to him to pay into court. That the 2l. was paid him for the express purpose of employing counsel if requisite, and being himself answerable for the money, he did not think it right to give it over to the prosecutor, and that he had incurred a greater expense in obtaining business in the prison, the prosecutor having got into great disrepute there, through neglecting his client's business, and there was now an indictment against him for perjury.
MR. PHILLIPS. Q. Is there a word of truth in the allegation that you are indicted for perjury? A. Decidedly not.
MR. ARNOLD. Q. You are indicted for a conspiracy to charge another person with perjury? A. Yes; it is an indictment preferred before that indictment is decided.
JOHN HILL . I am an officer. Mr. Norton gave the prisoner into my custody - he said he had a demand against the prosecutor for extra services done - he did not say he had laid out money on the prosecutor's account - he did not produce a bill till the second examination - in the first instances, he said it was for services done.
WILLIAM WOOD (re-examined). When I paid the prisoner the last sovereign, I had an undertaking from him that counsel should be employed if requisite - it formed a part of the payment of 5l. - it was all to be included in the 5l. he was to pay it over to his employer.
JURY. Q. Did you distinctly understand he was to give the 2l. over to his employer; or was he himself to find counsel? A. He was to give it to his employer, who was to find counsel.
GUILTY .* Aged 37. - Transported for Seven Years .
"London, August 30, 1833.
2ND COUNT, for uttering a like forged order for payment of money, knowing it to be forged, with the like intent.
MESSRS. BODKIN and LEE conducted the prosecution.
CHARLES PELL. I am a clerk in the banking-house of Sir John William Lubbock, Bart., and three others, in Mansion-house-street. I recollect this cheque being presented on the 31st of August, and I paid the amount mentioned in it myself, £348; I paid a £200 note, No. 3556; a £100 note, No. 4639; a £40 note, No. 16,904; and a £5 note, 2662; and 3l. in money - the cheque was presented by a man I believe, but I don't recollect - I have not got the dates of the notes - I should think it was between eleven and twelve o'clock in the day.
Q. On looking at the cheque are you able to say it is one of the cheques, which is generally in the books delivered to your customers? A. It is; when we deliver books to our customers there are no two alike, delivered from our house - the same number of cheques is inserted, but not the same letter - the number and initial of the particular customer is entered into a book kept for that purpose - the number and initial on this cheque is the numbers and intitial of the prosecutor's cheques; he keeps cash at our house; forty-eight cheques were in the book delivered out to Mr. Dutton; (looking at the book,) this is the book issued by the firm to Mr. Dutton, containing forty eight cheques - it bears the number and initial of which I have spoken.
Cross-examined by MR. ADOLPHUS. Q. Is the initial and number marked on every cheque here, or only on the book? A. On every cheque - I don't give the books out myself, any of the cashiers give them out.
Cross-examined by MR. CLARKSON. Q. What were you to Mr. Dutton? A. A friend of his in business; he has been in business - I was a mere friend of his - I was in business myself; I live at Bermondsey; I often called to see how his health was going on, and on those occasions he has asked me to fill up cheques for him.
Q. Were you then a sort of friend who occasionally dropped in and filled up cheques? A. Not exactly so; he was aware of my periodical visits - I have said, "I will call on you in three or four days, or in the course of next week," and if he had occasion for my assistance, he waited till I came - he is in a very prostrate state of health - the cheques I have said are in the prisoner's hand-writing, I mean are in his ordinary hand - that name, "Mr. Walker," is an endeavour at concealment - I consider it bears a strong resemblance to his writing; I consider there is a very strong similarity in the word"Wages" and "Walker" on the cheque in question, and I should say in this cheque there is an "A" very much like it, evidently the same hand, bearing in mind the endeavour at concealment - I consider the same faculty that formed the one formed the other.
Q. Do you judge that it is the feigned hand-writing of the prisoner, because of what you suppose to be the general resemblance to the eight cheques? A. Yes; I do mean so - on comparing it with his accounts, and what I saw him write, I suppose it is his - the cheque is an effort at disguise, which I have discovered to be his hand-writing from its similarity to his ordinary handwriting.
Q. Might not that be just as likely to have happened from some other person endeavouring to imitate the prisoner's hand, as if he were endeavouring to disguise it? A. It is not for me to say; I feel it difficult to arrive at any other conclusion than that it is his - Mr. Dutton's housekeeper was not in the habit of filling up cheques to my knowledge - I have seen one or two entered in the margin, as being filled up by other people - I do not like to venture to say these four cheques are the prisoner's writing, so positively as the other eight, because I thought they did not bear so strong a resemblance, but I believe these also to be his hand-writing- I saw the prisoner write on the 23rd of August, when he was paid off, but never before to my recollection; he then wrote in this book, "Wages ill bestowed - (ten guineas) to the fool; debtor £12 - received the above"- I saw him write that; I was at his elbow at the time - that was all I ever saw him write - I did not see him write the "ten guineas," only the two lines; I saw him write it altogether; it is a receipt for his own wages - (looking at the cheque and the book) - I judge these to be both written by the same hand; I have no other means of judging - it is from the similarity that I judge it to be his hand-writing.
COURT. Q. And that a single instance? A. But I am bound to observe, my Lord, the prisoner acknowledged the whole book to be his hand-writing - I compared the book; my knowledge is not formed from comparison of what I saw him write, but by a comparison of the book which I heard him acknowledge.
MR. CLARKSON. Q. Look at the "Wa" in the word "Wages." and look at the "Wa" in the word"Walker," and tell us is there the least similarity? A. The "W" is not so much alike as in other places.
COURT. Q. Is not one stiff straight writing, and the other flourishing? A. Yes; there is a peculiar flourish at the end of the "W" of his own writing - the one is upright, and the other sloping - one sloping, and the other stiff - one with a flourish and the other without.
MR. CLARKSON. Q. And from that dissimilarity you trace the likeness? A. With the reservation I have already stated.
MR. BODKIN. Q. At the time he wrote that flourishing hand, was he sober or not? A. He was not exactly sober; he has been reported drunk - he was nearly sober, and knew perfectly well what he was about; he appeared to have been taking liquor more than was proper.
Q. Have you a £200 note entered? A. Yes; on the the 29th of August, No. 3556, dated August 8th, 1833 - the £200 note was received by me at the bank; the £100 note was No. 4639, dated 25th of March, 1833, Manchester Branch Bank - I did not receive this note; these two notes were in our house - the £200 was in the house on the 29th of August, and the £100 on the 30th.
MR. CLARKSON. Q. Did you see them there? A. They passed through my hands - I copied them into the book on the 30th of August.
COURT. Q. That entry was made from the notes themselves? A. Yes; that proves a note of that number and amount was in the house that day.
JOHN KIDNER TATHAM . I am clerk in the pay-office, in the Bank of England. I recollect paying gold for four notes on the 30th of August - notes to the amount of 345l. were presented for sovereigns at one time - these are the notes so presented - they are £200, No. 3556, dated 8th August; £100, No. 4639, 25th March, 1833 - the others are £40, No. 16909, 18th July, 1833; and £5, No. 8662, 2nd July, 1833 - they were presented about twelve o'clock to the best of my recollection, or between eleven and twelve o'clock, by a female who gave the name
Cross-examined by MR. CLARKSON. Q. Do you ask for a town residence, whether the persons lives in London or not? A. Yes, as a reference.
MR. THOMAS DUTTON . I live at Upper Clapton - the prisoner was in my service, to attend on my person; he was in my service twelve months all but one week; he left on the 30th of August - in consequence of infirmity, I am occasionally obliged to have assistance when I draw cheques - the prisoner assisted me on those occasions - I sometimes employed him to fill up the body of cheques when not able myself - I kept my cheques in a drawer of the sideboard - he had access to all parts of the house - my custom is to enter the name and sum in the margin of the cheque - I always filled up my cheques with my name in them; and those who I pay money to I generally enter in the margin - for any large amount I generally have a banker's name written across my cheques; but sometimes with persons requiring small amounts, I did not - this is the cheque-book I had in use during the time the prisoner was in my service; I never counted how many cheques it contained - I have not myself looked at the margin of the cheques - Mr. Turner and my solicitor have examined them - this cheque is not signed by me - I gave no authority to fill up any such cheque; I had no such sum to pay to a man named Walker - I don't know anybody of the name of Walker - I had no such a sum to pay to anybody - I have seen the prisoner write; I do sincerely believe the filling up of the body of this cheque to be his hand-writing - I can say positively it is, as far as I can judge one thing from another; I should swear it is the prisoner's hand-writing to the best of my belief and knowledge - I have often seen him write - I saw these twelve cheques filled up by the prisoner, by my authority - the writing on this paper is not mine; it is very much like it; I saw it before the magistrate - I can positively swear it is not mine; I never saw it till I saw it at the Justice's room; it is a very capital imitation - the prisoner was discharged from my service on the 23rd of August - he gave me warning six weeks before, because I would not take his work, and tired me out; and he said he should want no character, as he was going to live where his wife lived - he gave me no address - Mr. Turner and my brother were there at the time.
Cross-examined by MR. ADOLPHUS. Q. The prisoner sometimes filled up cheques for you, did anybody else fill them up? A. Yes; Turner and my brother has occasionally - I think Mr. Norris has done so; and my friend Cane I sometimes used to discount bills for, and he filled them up; that was only in four instances - my housekeeper never filled them up to my knowledge - I never had my name written on a bit of paper when I had my cheques filled up; I put a pen sometimes on a cheque to bend the point down - I never wrote my name on paper before I wrote it on the cheque; my memory is very good though I am so infirm - (looking at two cheques) - the prisoner filled up the first of these two cheques, and my brother the second; that I am sure of - (looking at some more cheques) - Mr. Turner filled up some of these, and Mr. Norris some - I don't see any of the prisoner's filling up here; there is only one of the prisoner's filling up in the whole bundle - I am confident the cheque in question is in the prisoner's hand-writing; the whole of it, name and all, "August the 30th," and everything, though it is disguised - I did not say at the Mansion-house, I could not swear to it; I said it was the prisoner's to the best of my belief - I speak from my own knowledge of his hand-writing - he produced his accounts to me very frequently, and I saw him write when he wrote cheques for me; that is all I have seen of his writing - the name "Walker," is in his usual hand-writing; the "348" is attempted to be disguised; the "August," and the rest, is more like his free writing - I have no doubt of every letter being his hand-writing, from my knowledge of his writing.
SAMUEL DUTTON. I am the prosecutor's brother, and live at Ludgate-hill; about six weeks before the prisoner left his service, I was there; a complaint was made, and notice was given; I afterwards attended, when his accounts were audited by me - when the prisoner left, he did not tell me where he was going - he said he did not want a character, that he was going to live with his wife, and I think at Lady Hatton's at Harford; he said he was going to live at Harford with his wife - I never saw him write, except at the time he was paid.
MARGARET MINTO . I am housemaid to Mr, Thomas Dutton; I went into his service on the 25th of June - I remained there till the prisoner left on the 23rd of August; I have seen the prisoner writing: on one occasion in particular - that was a month or five weeks before he left - it was between ten and two o'clock in the day - he was writing on a small piece of paper in the kitchen; there was a knock heard for the porter - he was called up to Mr. Dutton; he took the paper into the back kitchen, and threw it down there - I picked it up, I don't know what has become of it - I threw it down again, not thinking it of any consequence - I have never seen it since; I have been in the room several times since; I have never seen it - I threw it where I picked it up, by the side of the window; it was in a place where it would be swept away; I have not looked to see if it has been swept away, but I am conscious it is not there, for the place is swept twice a week - I have swept it myself all over - I have not seen the paper since; I must have seen it if it had been there - I should know the paper again if I saw it; (looking at a piece torn in half) neither of these is the paper, but the hand-writing is exactly the same; I did not make any observations to him about what I had seen.
MR. BODKIN. Q. Did the prisoner ever show you any cheques singed by Mr. Dutton? A. Yes; he made no observations except asking if I was not surprised at the hand-writing being so good; I have heard the prisoner talk of going abroad to America - that was not more than a fortnight before he left; he said he should go to America; the cook said, many people went there with an idea of making a fortune, and found their mistake; he said people did not do as they ought to do, they should go with a little money, which they could do without, and speculate; I have seen the prisoner write several times -
COURT. Q. Have you heard the observation made by any one else? A. No; I have no opinion of any thing more than the W.
Cross-examined by MR. CLARKSON. Q. The W is the sort of W he usually makes? A. It is the W I have often seen him make, but he makes different ones; I was not before the Lord Mayor, nor a magistrate at all.
JOHN HANCOCK. I am a printer and engraver, employed by Lubbock and Co., to make their cheque books; this book was made up by me - I made only one of that description - that is there are some with two quires, and some more; this originally contained forty-eight cheques - I see two of them have been pulled out, margin and all - I have not a doubt but this cheque is one of the forty-eight.
Cross-examined by MR. CLARKSON. Q. You are called to show that this is one of the books you supply to bankers? A. Yes; there are two-quire books and three quires, this is one quire; there is only one book of one quire, and the number and letter is the same all through; the E 242 is put on at our house.
COURT. Q. Is there different numbers and sizes of your books? A. No; they are sent into the banking-house; and we have one hundred and fifty back to stamp.
MR. BODKIN. Q. Did you make any other book of this size, marked with E 242? A. No.
WILLIAM KING . I live at No. 17, Marylebone-lane. I know the prisoner; I first saw him in July, I believe; I saw him with his wife after she had taken my lodging; he came to my house on the Tuesday, I cannot say the date; he paid me on the Thursday, and came to me on the Tuesday - about the 27th of August was the day he came to me; his wife had taken the lodging before and had left it - he came on the 27th of August, and stopped there a week; he slept at home on the Friday night to the best of my belief, and went out on Saturday morning, the 31st, and came home I think between one and two o'clock in the day; he was lodging in the first floor back room; he left on the Sunday morning, and returned on Monday morning, accompanied by his wife - on the Tuesday morning, about eight o'clock, a cart came to the door - I had no notice of his intention to leave my lodging before that; the cart was brought to receive his goods; I bought some of him, and the rest were taken away; he did not tell me where he was going, I did not ask him; he had before that told me, he should go to America, for he could live better there than he could here- when he came to me the first time he was in a cab; he was dressed to the best of my recollection with black crape round his hat; he said his master was dead, that he had signed a will, but he did not know that he should get anything for his trouble.
Cross-examined by MR. ADOLPHUS. Q. Are you sure it was Saturday, about two o'clock in the afternoon, that he came home? A. Yes; it was a remarkable day, because a lady I serve, went to Colchester that day, and it poured of rain all day - I am confident it was not Friday - he was wet through when he came in.
ANN KING . I am the wife of William King; I recollect the prisoner coming to our house on Tuesday, the 27th of August - and on the following Saturday, the 31st, he requested me to light a fire, between two and three o'clock - it was a very wet day, and he was very wet - he went out while I was lighting the fire, and returned - he gave me a japanned box out of his drawer; it was not quite so large as that book, (pointing to one) and about the width of it, and I dare say it was five or six inches deep; he pulled a key out of his pocket, opened it, and showed me what was in it, which was a great many sovereigns - I cannot say how many.
COURT. Q. Was there more than 100? A. I dare say there was, but I cannot say the quantity.
MR. LEE. Q. Was the box half full or fuller? A. Not a quarter full; I could not see the bottom of the box when he stirred them about.
COURT. Q. Was the top of the box wide open? A. Yes; he produced it to shew them to me, and he asked me to feel the weight of them, and I did so; they appeared very heavy, and I said to him, "They must be worth something, they are very heavy;" he made no answer at all; he did not say how he got them - I recollect his leaving on Sunday morning, the 1st of September; he said, he was going to fetch his wife home.
GEORGE COOK. I am coachman to Miss Hatton of Harford. The prisoner's wife was in her service - I remember his coming down on Sunday, the 1st of September - I did not know his wife was going to leave until then - they left together on the Monday morning - I saw them get into the coach myself; they were inside passengers - John Carter drove the coach - he is ill.
WILLIAM POOLE . I am a carter, in the employ of Mr. Baker, of Salmon-lane, Limehouse - I recollect going with Thompson to the prisoner's lodging, and fetching away some goods - I saw the prisoner there - I took the goods to Gill-street Limehouse.
JOHN THOMPSON. I am a lodging-house keeper, and rigger, a striker and lumper; I take goods on board ships - I first became acquainted with the prisoner, two years ago. I moved some goods of his to my house, with the carman - the prisoner and his wife then came and lived at my house - I cannot tell for what purpose they came to my house - I was on board a vessel, the Mars, brigg, which trades to Jamaica, when he came to me - I was with him on board the James Harris, which goes to Van Dieman's Land - she was preparing for an outward voyage - she did not sail for a month afterwards - she took passengers out.
MR. ADOLPHUS. Q. Did the prisoner bear an honest character? A. Very.
DANIEL FORRESTER. I am a police-officer. On the 16th of September, I took the prisoner into custody; I did not tell him the charge - I found him at No. 23, Gill-street, Limehouse, at the house of Thompson - I searched his person, and found on him a purse, and several papers which I took from his pocket, (looking at one) I found this, not on his person but in his room; I took the purse from his pocket; I think there were four pieces and a card, and when I laid down this paper, he snatched it up and crumpled it; I said, "Leave them alone" - I took them from his hand, this is the paper, it
The cheque was here put in and read. The paper in question had the name of "Dutton and Thomas" written on it three times.
Prisoner's Defence. I leave it all to my counsel.
Charles York, butler, at the Albion Club-house, St. James Street; Edward Reeves, clerk, No. 16, Lawrence Pountneyhill; Elizabeth Ransfield, and Mary Marchant , of Upper Clapton, gave the prisoner a good character.
GUILTY . Aged 32 - Transported for Life .
NEW COURT. Monday, October 21, 1833.
Fourth Middlesex Jury, before Mr. Common Sergeant.
1535. THOMAS ARNOLD was indicted for stealing, on the 3rd of September , 4 wheels, value 40s., the goods of John Hope ; and THOMAS WARD was indicted for feloniously receiving two wheels, part of the same, knowing them to have been stolen , against the statute, &c.
JOHN HOPE. I live at Paddington , and am a wheelwright ; I had four wheels on my premises, on the 3rd of October, and on the next morning I missed them; and on the Monday after, I was going past Mr. Ward's door, in Salisbury-street, near Portman-market, and I saw there two of my wheels, put out at his door for sale; but they had been painted over a chocolate colour - they were then wet - they had been red when I lost them - I went and asked the price of them, but I did not see Ward - I saw his wife - I am sure these are two of the wheels I lost - I have a mark on them - they are worth 1l.
Cross-examined by MR. PHILLIPS. Q. I believe when Ward found that these wheels were stolen, that his wife was the means of Arnold being apprehended? A. Yes; she gave him into custody - they were exposed openly at Ward's door for sale - I had had them for twelve months.
ROBERT BALL . I am an apprentice to Mr. Watling, at Paddington; on the 3rd of October, I saw the prisoner Arnold go by with two red wheels - I had seen him before - one of the wheels were similar to these and one was a smaller wheel - I noticed them particularly - I am sure this is one of them.
RICHARD HANCOCK (police-constable T 138). I went to Ward's house and saw these two wheels at the door; I went close to them and saw they had been red before - I went to the prosecutor and took him to the house - I asked Ward where he got them, he said he bought them of John Herbert, in Arlington-street, for half-a-crown - my sergeant took the wheels, and I went to Arlington-street, but there was no John Herbert lived there, nor any wheelwright - I then took Ward to the station-house, and from some information, I went in pursuit of Arnold; on my return, I met my brother-officer with Arnold; I said to him, "I want you for those wheels," he said, "I did not steal them;" when we got to the station-house, Ward said to him, "You are the person I bought the wheels of," he again said, "I did not steal them, I carried them for a man."
Cross-examined. Q. Do you know that Arnold went by the name of Herbert? A. Not since I have known him - the officer who took him is ill - I heard that Ward's wife gave Arnold into custody.
Arnold's Defence. I was going up Praed-street, and met Herbert, whom I knew - he asked me to get him a customer for a pair of wheels, I sold them to Ward, and Herbert gave me one shilling for it.
JAMES GRAY . I am son-in-law to Ward; he gave me a job to paint the front of his house; I had some paint left, and I painted these wheels with it, as I thought they looked rather scaley - I had no orders to paint them - Mrs. Ward, (who is my mother,) saw Arnold in the street, and she accused him of having sold these wheels to her; he ran his fist in her face, and I went up and took him till the officer came - she said he went by the name of Herbert.
ARNOLD - GUILTY . Aged 17.
Transported for Seven Years .
WARD - NOT GUILTY .
1536. GEORGE SCOTT was indicted for stealing, on the 23rd of October , 1 truck, value 2l. 10s. the goods of Robert Thompson - and that he had been before convicted of felony ; and THOMAS WARD was indicted for feloniously receiving the same, well knowing it to have been stolen , against the statute, &c.
ROBERT THOMPSON. I live in Ram's-buildings, French-alley, Goswell-street; on the 23rd of September, about seven in the evening, I left my truck in Black-horse-yard , where I have been in the habit of leaving it, and pay 6d. a week for it; this was on Saturday night, and when I went for it on the Monday morning it was gone - I go by the name of black Peter in the market - as soon as I missed it I went down St. John's-lane - I saw Mr. Ward with the truck - he had the linch pin out and the washer off; I went to him and said, "What are you going to do with that?" he said, "What is that to you;" I walked a little way and he bolted off; I ran after him up Eagle-court, and secured him - he said, it was his truck, I said, it was mine; I tripped up his heels and he tried to get away, but I struggled with him till we got down to Cow-cross, where a boy got an officer - he had continued to resist me all the time - my name had been on the truck, but it has been taken off - it was worth 3l. to me.
Cross-examined by MR. DOANE. Q. Did you not see the truck again on the Saturday evening, after you put it up? A. No; not till the Monday morning - I do not know David Friend - many persons know me but I do not know them - I did not go to Ward's house on the Saturday night; I called at his door on the Monday night, to ask for my dog's harness - I do not know John Dentish - they know me but I do not know them.
Q. Did you say to anybody "I will take care not to hurt Ward, we can make matters up, for money goes a great way?" A. No; I did not, nor anything of the kind; I never said, that if Ward's wife would give me money enough to go to America, I would not prosecute her husband, nor say anything more about it.
BENJAMIN FULLER . I was at the Black Horse-yard that Saturday evening, and I saw the prisoner Scott, come into the yard, that was the second time, he said"He says I may have it;" and he said he had two bedsteads to take to Mr. Ellis, and as they were awkward to carry, he was going to take both at once; I asked him where black Peter lived, he told me some place, but I don't recollect where; he then took the truck away.
JOHN BARLOW re-examined. Q. Did you hear a man say "He says I may have it?" A. Yes; and I had heard the voice of a man that evening before, but they were not the same.
Cross-examined. Q. What time was it? A. Between eight and nine o'clock - they were in the shop, and any one could see them; there was a gentleman in the shop at the time, and he must have heard their conversation - I heard Ward say he did not want such a thing just then.
WILLIAM GREEN . I am an officer - I took Ward in Peter-street, Thompson had got hold of him, they were then standing very quiet, and a mob of people round them; I saw no marks of their having been scuffling; Ward asked me to let him go home, I said I could not.
George Scott. I can say nothing to clear myself - but Ward is innocent.
JOHN DENTSH . I am a butcher, I lodge at Ward's - I know the prosecutor, and he knows me, by sight; I saw him at Ward's on the Monday evening, they had a pot of half and half drinking between four of them, and were all friendly together; the prosecutor said he would not hurt Ward if Mrs. Ward would say he should have his property back again; Mrs. Ward made him no answer.
DAVID FRIEND . I was at Ward's house on the Monday evening, Dentsh was there, and my wife came in, we were all there together, the prosecutor had first been to my house and asked where Ward lived, and my wife directed him - I heard him say, "As I have got my property again I will not hurt the man; we can make matters right - money goes a great way."
MRS. FRIEND. I am the daughter of Mrs. Ward - I was there, and heard the prosecutor say that if my mother would give him money enough to go to America, he would not hurt the man.
ROBERT THOMPSON. I had not given Scott permission to take the truck on that Saturday evening; I had not seen him - I went to Ward's house on the Monday evening to ask for my harness, but did not drink with them - I drank with Dentsh, but did not know his name.
SCOTT - GUILTY . Aged 23.
Transported for Fourteen Years .
WARD - GUILTY . Aged 30.
Transported for Seven Years .
ROBERT THOMPSON. I lost a truck two or three days before last Christmas; I found it at the prisoner's place on the 25th of September, the axletree was in one part, and the rest in another, tied up close; it had been stolen from my yard in Goswell-street.
Cross-examined by MR. DOANE. Q. When had you seen it last before you missed it? A. I had worked with it the whole week.
WILLIAM GREEN . I am the officer; I was ordered to go and search the prisoner's shed, in Eagle-court, where I found this truck - the wheels had been taken off, and it stood upright in a corner, the prosecutor swore to it as his.
Cross-examined. Q. Was it not in the state in which persons keep their trucks when they are not using them? A. Yes.
Witness for the Defence.
WILLIAM FRIEND . I am a silk-dresser, and live in Eagle-court; I have seen the truck and helped to move goods with the prisoner; he has used it in public; I can swear he had it a length of time before Christmas, and he asked me if I would have the use of it to remove some goods which I bought of him.
COURT. Q. Now upon your solemn oath, how many months did he have it before Christmas? A. I cannot challenge my memory, because I never thought of any thing of the kind, but it was a length of time before Christmas - it was a month, or a fortnight, or perhaps a week - I am in the employ of Messrs. Bolton & Meek; the prisoner never told me how he came by the truck - the wheels were taken off because they could not get it in with them on - it must have been about the month of November that he offered me the loan of the truck - it is not now in so good a state as it was at that time - I did not borrow it but he offered it me, as I had bought a bureau of him - I then lived in Windmill-street, Finsbury-square; I said it would be too much trouble for him to get it down, and I hired another instead - I have no truck of my own.
Prisoner. I bought it about three weeks before last Christmas, and had it in regular use as I wanted it.
GUILTY . Aged 30. - Transported for Seven Years Longer .
GUILTY . Aged 11. - Judgment Respited .
ROBERT REED . (police-sergeant G 19). On the 5th of October, I stopped the prisoner about three hundred yards from the prosecutrix's shop; there was another boy with him, who ran off - I found these three pairs of shoes on the prisoner, tied up in a bundle - he said his father lived in George-yard, Drury-lane, and he had sent him to sell them - I said I should take him to his father; in going along, he said, "My father has been dead ten years; they were given me by the boy who ran away."
EDWARD PRICE . I was at home with my mother; these shoes are hers, and were hanging at the door - I saw them safe a little before the officer came back with them - I know the prisoner, but I do not know how he got the shoes.
SARAH PRICE. I am a widow . These are my shoes and were in my shop - I have no knowledge of the prisoner.
Prisoner's Defence. The boy gave them me to sell.
GUILTY . Aged 17. - Confined Six Weeks .
1540. FRANCES CLEMENTS was indicted for stealing, on the 20th of September , 1 watch, value 4l.; 1 watch chain, value 10s.; 2 seals, value 10s.; 1 watch key, value 2s., and 1 pencil case, value 3s. , the goods of Jeremiah Reeng .
JEREMIAH REENG. I am a silk dyer . On the 20th of September, I met the prisoner at the corner of Brick-lane, in Wentworth-street, about nine o'clock - I had been drinking something, but knew what I was about; I had seen the prisoner once before - she asked me to treat her, and I took her into a public-house, and then we went to her house in George-street ; we went up one pair of stairs to her room, and I went to bed, with the intention of stopping all night - she had not asked for any money, and I had no money about me - when I undressed I put my watch under my head, and the pencil-case was in my waistcoat-pocket - after I got to bed, she undressed and came to bed; it was past ten o'clock - it was intended that I should sleep all night with her; she told me to go to sleep, and when I awoke she was gone, and my watch and pencil-case were gone - I called in two policemen who told me it was about one o'clock; this was on a Friday night, and she was not taken till the Tuesday afterwards, when I met her and took her - I have never seen my watch nor pencil-case since.
Prisoner. Q. What public-house did we go to? A. To the Founder's Arms; there were several of my friends there - we had gin and water, rum and water, and half-and-half - I paid for two glasses of gin and water.
Prisoner. I am not the person at all - I never saw him till the 24th; and when I was taken there were two other women there, and he said he could not say that either of these were the women. Witness. I had seen her once before, and talked to her, and I saw her come to bed to me that night - I swear she is the woman.
JAMES THOMPSON (police-constable H 178). The prosecutor said he had been robbed of his watch and pencil-case; he described the prisoner - I had seen her four or five days before, but did not know her haunts - on the Tuesday after she was taken, and said she had sold the watch to a man named Smith - my brother officer went and took him - in going to the office, the prisoner said she did not care what she was done to, so long as Smith was liberated.
MARGARET ANN WEST . I am the wife of a police-officer. I searched the prisoner at the station-house, and found nothing on her - while I was stripping her, she said she took good care to throw the pencil-case away, and there was no pencil in it.
Prisoner. I never said such a thing; the first time I saw the prosecutor he came up-stairs with two policemen - there were two other women there; the officer asked him if either of those were the women; he said,"No" - I afterwards went down to get a pennyworth of pepper, and one of them said, by the description, I was one of the women - I said I was not, I would go where they pleased.
GUILTY . Aged 23. - Transported for Seven Years .
JANE MAPLE . I am married, and live with my husband in Paddington . Edward Johnson lodged with me - I have known the prisoner ever since the 24th of June - he is a carpenter ; Johnson was out on the night of the 9th of September, and the prisoner came there to sleep with Thomas Muggeridge, who was the person Johnson used to sleep with - the money stated was in a drawer in that room, which was not locked - Muggeridge got up the next morning a little before six o'clock and went to his work, and then the prisoner got up and went away at half-past seven o'clock - the money was not missed till Johnson came home - the prisoner was taken the same evening.
THOMAS MUGGERIDGE . I am a groom in the service Mr. Elliott of Edgeware-road. On the 10th of September, I got up first, and left the prisoner in bed - I went away a few minutes before six o'clock - I came home at eight o'clock to breakfast - I had been in bed I suppose an hour and a half before the prisoner came- the drawers were safe then as far as I know.
Prisoner. His word ought not to be taken, he was tried in Worcestershire for stealing some straw and hay.
Witness. It was not me, it was my man; I knew nothing of it till four bundles of straw were found in my loft; I was acquitted in a moment.
JURY. Q. Was the prisoner in work? A. He used to work part of the week, and drink the rest; on the Sunday when I lent him the 3s. he said he had neither victuals nor money.
THOMAS GRIFFITHS (police-constable D 145). I saw the prisoner at near eight o'clock that evening at the Yorkshire Stingo; I told him I wanted him for robbing his fellow-lodger of some money; he said he knew nothing about it; and nudged the other man who was with him, and who followed him closely - I saw the prisoner take some money out of his pocket, put it behind him, and make a motion; I said, "What are you going to do with that money, put it into your pocket" - I took him to the station-house, and found in his right-hand waistcoat pocket one 5s. piece, two half-crowns, and some other money.
GUILTY . Aged 20. - Confined for Six Months .
1542. PHEBE M'QUEEN was indicted for stealing, on the 21st of September , 1 purse, value 2d.; 1 ring, value 5s.; 1 handkerchief, value 1s.; 1 watch, value 50s.; 6 sovereigns, and 1 half-crown, the property of John Sims , from his person .
JOHN SIMS. I am steward of the Henrietta, a Southseaman . On the 21st of September, about a quarter-past eleven o'clock, I was on shore; I was quite sober, but was taken with a violent retching as I was coming along the street - the prisoner came to me, and offered her services; I told her I was going home to Deptford; she asked me if I would go with her; I said if she had a place where I could sit down for an hour I would; she said she had, and she took me to some house - I can swear I went for no improper purpose - I asked her when I got there to get me some brandy, which she did, and I paid for it - she then said she wanted some supper, and I gave her money to get some, but I did not take any of it- she then persuaded me to go to bed, which I did - I took out my watch, and put it under the pillow; my money and the ring were in my purse in my trousers' pocket, which I laid in the chair by the bed-side - I fell fast asleep directly; I suppose I slept an hour, when the policeman came and awoke me, and asked if I had lost anything; I then missed my money and watch - the prisoner was then gone - she is the same person.
SAMUEL TAYLOR (police-constable). I know the house at which this happened; I was on duty just by, and about half-past one o'clock, I saw the prisoner run out of the court in a hurry, she seemed to be putting on her bonnet and shawl; I asked what she was going for, she said to fetch some gin - I saw her put her hand to her bosom; I drew it out again, and took this purse from it; I took her to the station-house - in going along she took these two handkerchiefs from her bosom; I then put my hand to the back of her neck, and found this watch there - I then went back to her house, and found the prosecutor locked in the room.
Prisoner. We went to a public-house and had some rum and shrub, and he gave me two sixpences to pay for it.
JOHN SIMS. We did not go to any public-house,
GUILTY . Aged 25. Transported for Fourteen Years .
JOHN RISSON . I am an officer. On the 23rd of September, I was on duty about one o'clock in the morning at Paddington - I heard a noise in an unfinished house; I went in, and found the prisoner, who appeared to be asleep; I asked why he did not go home; he said he and another had been to the play, and could not get in at home - I took him to the station-house, and asked what he had about him, he said nothing; I searched him, and found on him this 5s. 7d. in coppers; I asked how he got it? he said that Waller, the other boy, and him had been selling walnuts, and part of the money belonged to him - I afterwards found that the prosecutor had been robbed.
LAWRENCE ROSS. I am pot-boy at the Hop, at Paddington . On the 23rd of September, at half-past nine o'clock at night, I set down my tray of beer at a door, while I went into a baker's shop with a pot of beer; I sat it on the counter, and he gave me half-a-crown; I went to the tray, and missed a pot with between six and seven shillings in copper in it - there were four or five farthings in it - I can swear to one of these halfpence, I had had it five or six weeks in the pot.
Prisoner's Defence. It was my money and the other boy's, we got it by selling walnuts.
GUILTY . Aged 12. - Transported for Seven Years .
HENRY SANDERS . I live with Mr. Samuel Adams, he is a hatter . On the evening of the 4th of October, about nine o'clock, the prisoner came to buy a hat; I showed him several; I asked him 6s. 6d. for this one, he offered me 6s., which I agreed to take; he then said he wanted it made more fashionable - more narrow in front; I went to the end of the shop to get the iron to do it, when I missed the prisoner and the hat - I went out and turned up a court by the side of our house, where I saw him with the hat - I pursued him, and called, "Stop thief;" I did not lose sight of him till he was taken.
Prisoner's Defence. I was going down Elder-street, I saw a young man run with this hat and drop it; a man stopped me, and they took me back to the shop, and gave me into custody.
GUILTY . Aged 26. - Transported for Seven Years .
HELEN GRANT and HANNAH MASON were indicted for stealing, on the 6th of October , 1 watch, value 3l.; 1 seal, value 10s.; and 2 watch-keys, value 2s., the property of William Donaldson from his person .
WILLIAM DONALDSON . I am a tailor . On the evening of the 6th of October I was very drunk, but I know I had my watch - I had met the two prisoners before I was so very drunk; I went with them to a public-house, but I don't know what I treated them with - I missed my watch the next morning.
JAMES MOODY . I live in Woodstock-street . On the night in question the two prisoners came into my house, and the prosecutor after them; Grant asked for two keys which she had left there, and passed this watch to my wife; they then went all three out, and I sent after the policeman, and gave charge of them; it appeared as if they merely came to deposit the watch there.
Grant. He said he would sleep with us both, and gave me the watch to take care of for him.
NOT GUILTY .
1546. JAMES BRUNSDEN was indicted for stealing, on the 28th of September , 1 half-crown, 1 sixpence, and the sum of 1s. in copper, the monies of William Clark , from the person of Henry Clark ; and that he had been before convicted of felony .
HENRY CLARK. My father's name is William Clark, he is a poor man, and lives at Greenford, near Ealing. On the 28th of September, I was going to Brentford , about eleven o'clock in the day; I had one half-crown, a sixpence, and twelve penny-pieces; I was going for some sugar and butter; I saw the prisoner on the road, he asked where I was going, and I told him; he asked if I knew him; I said, "No;" he then got into a ditch, and wanted me to get in, but I would not; I then thought he would push me into the ditch, and I got into the path; he said, what was I afraid of, that he should take my money? I said, "No;" he said, he could lay me down in a minute, and take my money - he then took hold of me by the shoulder, but he did not lay me down, he took my money, and went off with it; he was taken in about two hours - I am sure he is the person.
JOHN HESSIAN (police-constable T 103). The boy told my brother officer of this, and I took the prisoner in Old Brentford, the same evening; I found no money on him; I had seen the prisoner about three quarters of of a mile from the place where the robbery was committed that morning.
GUILTY . Aged 20. - Transported for Life .
1547. JOHN THOMPSON was indicted for stealing, on the 2nd of September , 2 coats, value 15s.; 2 pair of trousers, value 5s.; 6 waistcoats, value 8s.; 2 caps, value 3s.; 1 basket, value 4s.; 1 pair of spectacle pebbles, value 1s.; 1 pair of scales, value 6s.; 1 brooch, value, 2s.; and 1 ring, value 2s., the goods of George Davage his master .
GEORGE DAVAGE. I live at Chelsea , the prisoner lodged, and boarded with me as my servant ; he had been so for two months. On the 2nd of September, between seven and eight o'clock in the morning; I went to his room, he did not answer, I thought he was not up; I went in, he was gone - he had left me without notice; I missed the articles stated, and many others - I met him four days afterwards, and charged him with this robbery; he said, if I would give him time he would return the articles- I was not satisfied, and took him to the station-house.
HENRY NARROWAY . I was walking up St. John-street, I saw the prisoner, and the prosecutor was charging him with robbing him; I said to him, "Why don't you return the things;" he said, he should see about that, and he would rather be sent out of this country, than remain and be starved.
Prisoner. Can you tell how long I had worn that cap? Witness. Sometime before, he was in a row, and lost his hat, and I lent him this cap.
Prisoner to GEORGE DAVAGE. Q. Did you never go by the name of Watts? Witness. I have a brother-in-law of the name of Watts - I don't know whether anybody may mistake me for my brother - he took the house I live in, and I conducted the business - I did not go by the name of George Watts, in the City-road, you at first had four shillings a week of me, and afterwards agreed to come for your board and lodging - I don't know that you pawned your coat to get my breakfast - you lent me 3s. - I might send you to sell some old iron and phials, to get a few halfpence - I sold a pair of scales, but not the pair you stole - I was a porter at the Bell and Crown - I was not discharged for stealing - my circumstances were embarrassed, and I have sent you with articles to pawn - I gave you one waistcoat, but not those you took - I did not give you those trousers - when you was with us you had as much as we could let you have - I never sent you to Mr. Bowles, in Newgate-market, for 17s. 6d. for the carriage of parcels.
The prisoner in his defence stated, that he had parted with his own clothes, and those of his master, to procure food and necessaries.
NOT GUILTY .
CHARLES KING. I am a draper and live at Uxbridge . On the 14th of October, about seven o'clock in the evening, the prisoner came in, he asked me to show him some silk handkerchiefs - I laid three or four pieces before him, another customer came in and wanted to be served with a piece of goods; I turned to get it, and the prisoner ran off; I missed the handkerchiefs.
GEORGE HITCHEN . I am a constable. I saw the prisoner at half-past ten o'clock that night, in the custody of my fellow officer - I found these six handkerchiefs in his hat.(Property produced and sworn to.)
GUILTY. Aged 35. - Confined Six Months . - Recommended to Mercy by the Jury .
1549. MARY ANN KETCH was indicted for stealing, on the 21st of September , 1 ring, value 3s.; 1 cornelian stone, value 2s.; 1 pair of buckles, value 3s., the goods of Mary Ann Starnes ; and 1 tea-spoon, value 4s., the goods of George Keating ; and 6 oz. of silk twist, value 10s.; and 1 snuff-box, value 4s., the goods of John Cannor .
JOHN CANNOR. I am a tailor , and live in Bryanston-street , the prisoner had been my servant three or four months. George Keating 's daughter told me her servant had been robbed; I called the prisoner, she denied knowing any thing of it - I wished to have her boxes searched, she made no objection to that; I found a number of articles of mine; we then looked between two beds, and found these other articles; I took her to the station-house; this six dozen of silk twist, and this snuff-box are my property.
MARY ANN STARNES. I am servant to Mr. George Keating this ring and cross are mine, they were in this tea-caddy, which I kept locked, and I found it locked, but the things were gone.
GUILTY . Aged 16. - Transported for Seven Years .
JOHN HODGES. I am a butcher ; the prisoner was not regularly in my employ, but I employed him as a drover and porter - I had known him five or six years; on the 27th of March, I sent him with 17l. 2s. to Smithfield , to fetch me a bullock home; he was to return directly; but I did not see him again till the 9th of September, at Hatton-garden.
GUILTY . Aged 30. - Transported for Seven Years .
1551. MARY ANN WILSON was indicted for stealing, on the 13th of October , 1 shirt, value 1s. 6d. 2 pairs of stockings, value 1s.; 3 aprons, value 1s. 6d.; and 2 handkerchiefs, value 8d. ; the goods of William Burnham .
WILLIAM BURNHAM. I am pot-boy at the Phoenix, Lisson-grove ; I lost this property from the kitchen - it was tied up together in a bundle; I had seen the prisoner in the house, and she was there on the 13th of October; when she was gone, I missed these things - I went after her on the next day, which was Monday; I found this property; the prisoner's husband is dead.
WILLIAM HORSFORD (police-sergeant D 6). I went to No. 9, Regent-street, and found one shirt, one apron, and one pair of stockings; as we were coming back, we met the prisoner; she asked the prosecutor if he would be satisfied if he had his things back; he said, "No."
Prisoner's Defence. I was in great distress - I am a widow with three children.
GUILTY. Aged 31. - Recommended to Mercy by the Jury . - Confined One Month .
1552. SARAH SPICER was indicted for receiving, on the 30th of September , 1 brooch, value 8s.; the goods of George Jackson , which had been before stolen, she knowing them to be stolen , against the statute, &c.
MARY FRANCES JACKSON . I am the wife of George Jackson , No. 7, Milton-street ; I lost this brooch on Monday, the 30th of September, with a good deal of other jewellery, from a drawer in the bed room; I never saw the prisoner near the house - I had seen this brooch safe on the 29th of September, about noon - I saw it again on the Saturday following, at Mr. Moss's, the pawnbroker's.
HENRY BERESFORD (police-sergeant G 8). I took the prisoner in bed; I told her it was for pawning a brooch, and I asked her if she knew a lad of the name of Aldridge; she said no, and she never pawned a brooch in Goswell-street, at all.
The prisoner put in a written defence, stating that a boy had given her the brooch to pledge, stating that he had found it.
GUILTY. Aged 42. - Recommended to Mercy by the Jury . - Confined Six Weeks .
1558. JAMES RAMSAY was indicted for stealing, on the 20th of September , 240 tin boxes, value 1l.; 120,000 percussion caps, value 20l.; 240 knives, value 6l.; and 1 air cane, value 5l. ; the goods of Charles Willett .
CHARLES WILLETT. I am an agent for disposing of gun-flints and other articles , and live in Penton-street, Winchester-place . On the 20th of September, my premises were broken open in the morning, and I missed the articles stated; I printed a handbill, offering a reward; I heard that the prisoner had offered an air cane and some caps to Mr. Seager - we went to the prisoner's house, and found on him two knives, and a duplicate for half-a-dozen knives; I lost an air cane, out of repair, and it had a split close by the trigger, which was done by the key.
GEORGE SEAGER . I am a gun maker; the prisoner came to me on the 24th of September, he brought an air cane, and two boxes of copper caps, which had about five-hundred in each - I would not purchase them, but I took two caps, one out of each box - this is one of them; he wanted the cane repaired, and said it was for sale; I took the lock off in his presence, it wanted a main spring and a tumbler; part of the cane was broken, about an inch and a-half from the top of it.
CHARLES WILLETT. The cane I lost exactly cor
Prisoner. Mr. Seager said at Hatton Garden, that he saw the bill in Mr. Willett's window, the day after these things were offered.
GEORGE SEAGER . No; I saw it at Mr. Willett's warehouse several days afterwards; the cane was like a walking stick - it wanted an air pump and a top; it was in one piece, it could not be parted; there was a split in the breach of it - it was yellow, resembling bamboo, and had a straight top; the caps were English caps - we call them town-made; they were not French; I had the boxes in my hand, and took the heads off - I did not state at the office, that I went into the country in search of him - I went on my own business.
Prisoner. Q. What time did I bring them? A. You brought twelve about a month before, and then you came and parted the pledge.
CHARLES WILLETT. Here are three patterns of these knives; I can only say they are similar in pattern to those I lost, and the maker's name was Osborn on the blade, as these are - I lost fifteen or sixteen dozen knives.
RICHARD BAYLIS (police-sergeant G 5). I assisted to take the prisoner to the office; the prisoner asked me how I thought he should get on with this concern; I told him I could not tell, but the prosecutor had owned the knives, which were at the pawnbroker's in Blackfriars-road; he said, "That was all I feared; I suppose I shall be committed; however, I can exonerate my brother, he knows nothing of my transactions."
THOMAS SHIELDS . I was in the prosecutor's service; I went in the morning of the 20th of September, and found the warehouse on the single lock - I found a pair of boots there, and four desks had been broken open, and the other doors were open - I found no one there - I then went to Mr. Willett's.
Prisoner to MR. WILLETT. Q. How long have you had such knives as these in your possession? A. A year and a half; I have not parted with any - I cannot say that I had all the knives of those patterns: but mine corresponded with them, and the same maker.
GUILTY . Aged 47. - Transported for Seven Years .
1554. ABRAHAM MORGAN and JAMES BRENAN were indicted for stealing, on the 15th of October , 1 purse, value 1s.; 1 sovereign; and 6 shillings; the monies of William Ireland , from the person of Ellen Ireland .
ELLEN IRELAND. I am the wife of William Ireland; on the morning of the 15th of October, I was going home from Spitalfields market, I had 1l. 6s. in my purse, in my pocket, which I had not spent - I heard some footsteps behind me, but I did not look round; the pavement was rather narrow; two persons then passed me, and brushed hard by me; they seemed like the two prisoners; when they had passed me, I had some suspicion, and missed my purse with the money in it - I have not seen it since.
GEORGE SEAMAN (police-constable H 150). I was coming from duty at Spitalfields watch-house on Friday morning last, and saw the prisoners following the prosecutrix; when they got to Rose-lane , there is a house which projects - the prisoners there left another person who was with them, and they rushed against the prosecutrix, and their hands seemed to be down by her side; they ran away, and ran past the house they live in, and up a court - I turned and saw the prosecutrix fainting; I took her to the watch-house, and then went in pursuit of the prisoners to several public-houses, in Whitechapel - when I came back, I saw Morgan come out of a court, look right and left, and then he went into his house - the other prisoner then came and went in - I got my brother officer, and we went to the house and took them, but the landlord of the house prevented me from taking the other person I had seen with them; and I think either that person or the landlord had the money - Morgan has been a most notorious thief for three years.
MORGAN - GUILTY . Aged 14.
BRENAN - GUILTY . Aged 23.
Transported for Fourteen Years .
ANN JACOBS. I am a laundress . On the 9th of October, I sent my son and the prisoner to fetch the dirty linen - they received the bundle of linen stated, in the Strand, and it was never brought to me - I am a widow and had employed the prisoner about a month.
ENEAS JACOBS . I am the prosecutrix's son - I went to the Strand and received the dirty linen stated from Mr. Kent's - it was put on the barrow which the prisoner wheeled - he ran away with the bundle, while I went into a house, and it is quite lost.
THOMAS CHARLTON . I live in Drury-lane. On the 9th of October I saw the prisoner wheel the barrow into a court, he looked round, and took a bundle off, and ran away with it - I saw the lad come back, and I went and told him.
GUILTY . Aged 47. - Confined Six Months .
FRANCES JACKSON . I am the wife of George Jackson, we did live at No. 75, Golden-lane , but were removing from there - the prisoner and his mother lodged in that house - these cages and boxes had been on the landing on the stairs - I had not seen them for some time previous.
GEORGE JACKSON. I had put the cages and boxes there, and two trunks before them - I was out on the 30th of September; I found these cages and boxes in Old-street-road.
WILLIAM WADE . I live with my father - I was standing outside his door, and saw the prisoner come with a bigger boy; the other boy took the cages from the prisoner, and took them into my father's shop.
GUILTY . Aged 15. - Whipped and Discharged.
NOT GUILTY .
1558. HENRY RICHARD OGLESBY and SAMUEL OGLESBY were indicted for stealing, on the 7th of October , 48 hinges, value 5s., the goods of John Richard Cook , and 1 jacket, value 3s. and 1 waistcoat, value 6d., the goods of James Cook .
CHARLES LOVEGROVE . I am a plumber. About seven o'clock in the morning, of the 7th of October, I was coming down stairs, at my house, and saw Henry Richard Oglesby getting in at the window of the house, where this property was, at Paddington - I sent my apprentice for the officer.
PETER GLYNN (police-constable D 151). I went to the premises; I found one of the prisoners near there with this bundle; and he was telling the other, who was inside, to make haste and put the rest out.
Transported for Seven Years .
Fourth Middlesex Jury, before Mr. Common Sergeant.
MARGARET REYNOLDS. I am in the service of Mr. Ward, confectioner, No. 38, Bond-street ; I know the prisoner as a milk-carrier, to Mr. Steward; on the 10th of October, I paid her 8d.; on the 11th of October, I paid her 2s. 8d.; and on the 14th of October, I paid her 2s. 7d., for her master - when I was applied to afterwards, I produced the bills to the prisoner, and told her I had paid her, she said, "Yes, and sure enough you have."
Prisoner's Defence. I never received more than 2s.; I don't know how it was.
GUILTY . Aged 23. - Confined Six Months .
THOMAS SMART. I lodge at No. 67, Dean-street, Soho - the prisoner was servant to the landlord, and she waited on me and cleaned my apartment. On Thursday, the 18th of October, I was reading in my study; I got up to take a pinch of snuff, and missed my snuff-box off the mantle-piece; I then missed a silver port-crayon - the top and bottom of the box were large Scotch pebbles- I valued it at 4s. and the port-crayon at 10s. - I gave information to the landlord, and after receiving some information, I charged the prisoner with it; she said, she had taken the things and pawned them.
Cross-examined by MR. LEE. Q. Had you made her any promise or threat? A. No; I had found the portcrayon at the pawnbroker's before I spoke to her; but the snuff-box was not produced to her, she told me where it was.
GUILTY. Aged 20. Recommended to Mercy by the Jury . - Confined Seven Days .
1561. JOHN FITZGERALD was indicted for stealing, on the 17th of October , 1 gown, value 5s.; 6 yards of linen, value 6s.; 1 cloak, value 1l.; 3 handkerchiefs, value 6s.; and 9 yards of printed cotton, value 9s. , the goods of James Smith .
MARY SMITH . I am the wife of James Smith, we live at No. 18, Union-place - I let the prisoner a lodging last Thursday morning; he came and asked if I had a lodging to let, I told him I had, and it was 2s. a-week, for half a bed; he asked who was to sleep with him, I told him I had not a man at that time, but my little boy would till I got another man; I took him into the bed-room; there were two beds in it, and three large boxes, one on the other; this was between nine and ten o'clock in the morning; he said, it would do, and asked what time I would have the bed ready; I told him at any time, and he said. he would come between seven and eight o'clock; he did not come at that time; I waited till ten o'clock; he did not come; but at twelve o'clock he knocked, and my husband got up to let him in - as the prisoner had not come, I had put my two children to bed in his room; I saw him come in, take a light, and go up stairs - I happened to have a man lodge in my back parlour, at the time; he came home
Prisoner. I came in about a quarter-past eleven o'clock; the door was open, and I knocked for a light to show me up to bed - she was in bed; her husband went and got a light, and I went to bed, and in the course of some time, three or four men came into the room. Witness. No; I alarmed another lodger and his wife when I missed these things, and they came into the room; my husband opened my bed-room door when the prisoner came in; and he put his head into the bed-room for me to see him - and I said, he was the man who came that morning.
ANN SMITH . I am thirteen years old; I know the nature of an oath - I am the daughter of the prosecutor; I was in bed with my brother that night; I awoke when the prisoner came into the room with the noise he made; he said to my brother, "Halloo, my brave fellow, what time do you get up in the morning?" my brother said,"Seven o'clock;" he said, "I shall be up and at work by six o'clock;" there was a light in the room - my brother went to sleep, but I did not; I do not think the prisoner knew that I was awake; the prisoner took off his jacket and waistcoat, and his shoes, and seemed to be doing something to his shoes for about a quarter of an hour; he then took a nail from behind a box; he then looked into my mother's band-box, and then in a hat-box; he then opened the other box and took out her gown, two pieces of linen, and some silk handkerchiefs, and stuffed them partly into his hat - I was afraid to speak; he then got another box, but the candle dropped and went out; he tried to light it, but could not; he then opened the other box, but what he took out of that I could not see, but he took something out; he then went to bed - I laid still till I heard the knock at the door at one o'clock; that put me in better spirits and I got up; I thought the prisoner had taken the key out of the door, but he had not, and I opened the door, and came down and told my mother while she was striking a light.
Prisoner. Your father came into the room and stopped for five minutes. Witness. He came into the room and you said, as you were coming up stairs that you and he would have a gallon of porter to morrow night, as you had been out so late.
COURT. Q. Are you able to swear that these things were in the boxes that night? A. Yes.
ROBERT ECCLES (police-constable S 73). I was on duty at half-past one o'clock that Friday morning; Mr. Smith called me and I went to the house - I found the prisoner in bed and these things about the room - these things were in his hat, and these were under his head - he was perfectly sober - he said at the watch-house that he was in liquor, but he was not.
Prisoner. When I got to the watch-house, this woman said she could not swear I was the man, as there were plenty more in the house. Witness. When I got to the house first, there was no one in the room but the prisoner and the two children; the other persons from the house came in afterwards,
Prisoner. The prosecutrix was not willing to press the charge.
MARY SMITH. I said, I did wish to press the charge, but I am confident he is the man that committed the robbery.
COURT. Q. Could any other man have gone into the room, from the time of your children going to bed and the prisoner coming in? A. No.
Prisoner. She said she could not prove I was the man, and the sergeant said he would put it down on suspicion; and the officer came back and said to the sergeant, "I have made all right, I have told the girl what to say."
ROBERT ECCLES, I did not say any thing of the kind, I left her to her own free will; the wife was unwilling to press the charge, but I fetched the husband and he pressed it.
COURT to ANN SMITH. Q. Are you sure the prisoner is the man who came and undid the boxes? A. Yes, quite sure; what I have said is all the truth; neither the policeman, nor my mother, nor any one, has told me what to say.(Property produced and sworn to.)
GUILTY . Aged 40. - Confined Six Months .
1562. WILLIAM MANLEY was indicted for stealing, on the 10th of September , 1 gelding, value 6l. the property of James How , and 1 saddle, value 2s., and 1 bridle value 1s. , the goods of William Montgomery ; and JOHN SOOKERS and CHARLOTTE COOKE were indicted for feloniously receiving the same, well knowing them to have been stolen , against the statute, &c.
JAMES HOW . I live at Brentford , and am a jobber ; I know the prisoner Manley; he is a sweep - our yard and his master's premises join together - I had a gelding, it was working on the 9th of September, till six o'clock in the evening, I then put it into the stable - while I was feeding it, Manley came in and said, I fed my horse on good corn; I said, I did, for he had done a hard day's work that day, and he would have to do a harder still to-morrow, as he had to go to Welling, which is nearly sixty miles; I then shut up the stable, and he went out - I went to the stable again about eleven o'clock - the horse was safe and well - I shut the stable door, turned a button and knocked a pin in with a hammer - about half-past five o'clock the next morning, I got up to go on my journey; I found the stable door open, and the horse was gone - the halter was left hanging where I had tied it - I went about in different directions myself, and my wife, and children - I did not hear of the gelding till nine o'clock, when I was told, he had gone by the Pigeons, with a sweep upon him, at full drive - I set off and walked on to Whitechapel - I made inquiries but could not hear of him - the horse was
CHARLES THWAITES . I am a ribbon-dresser by trade, and live at No. 1, Hartshorn-court. On the 10th of September, between nine and ten o'clock in the morning, I saw Manley come riding on the horse to Charlotte Cooke , his mother; the horse was standing then in the court for three or four hours - I saw Cooke's little girl go round to Sookers' twice, but he was not at home - when Sookers came home, I heard his wife say, "Mrs. Cooke wants you;" he went round to Cooke's; and in the course of an hour or two, Manley and his brother came down the court with a horse - I went and asked Sookers whose horse it was; he said it was Manley's he believed, but his mother had authorised him to sell it - I asked Manley where he got it; he said he had been sweeping round the country, and had exchanged the soot for the horse; he said he had brought it twenty miles, but he had a note that would satisfy anybody who bought it - they went down Golden-lane, and I saw some persons come out and look at the horse; in the evening they came home - I asked Sookers if he had sold it; he said yes, and they had given him 1s. 6d., and he had given them 2s. for the old saddle and bridle, to make pads for his donkey; I said he had given them more than the saddle was worth - the next day I saw two men come to Sookers, who said the horse was stolen, and if he would return the money, nothing would come of it; otherwise the horse would be sent into the country - Sookers said, "It was not mine, I will take you to the person I had it of" - he went there but they were not at home - in coming back he saw Manley in a public-house, and told him it was stolen - he said, "Pooh, pooh, I will go into the country where I got it from."
Cross-examined by MR. LEE. Q. What time have you known Sookers'? A. Fifteen years; he has had a good character - the horse was exposed in an open manner.
JAMES VENABLES . I am a butcher and salesman. I was at Cow-cross and saw a horse led by Sookers; I asked the price; he said, 40s. - it was blind, broken-winded, and very poor - I told him to take it to my stable; and he did, and my lad paid him for it - I bought it openly - I did not say if the money was returned, the horse would be returned - the prosecutor came the next day and described the horse; it was then gone to Southall - it was afterwards taken to Lambeth-street; it was the same horse as I bought.
WILLIAM MONTGOMERY . I lost this saddle and bridle the same day the horse was lost - I had seen it safe the night before in the room where Manley slept; he is a servant of mine - these shoes are mine; he took them from my bed-side while I was asleep - he behaved very well with me.
Manley. I am sorry for what I have done; the others are innocent.
MANLEY - GUILTY. Aged 15.
Recommended to Mercy on account of his good character by the Prosecutor and Jury . - Transported for Life .
1563. HENRY HINKS and WILLIAM HICKFORD were indicted for stealing, on the 12th of October , 1 writing-desk, value 1l.; 1 snuff-box, value 550l.; 1 pair of earrings, value 300l.; 1 Maltese cross in brilliants, value 350l.; 1 diamond brooch, value 100l.; 1 necklace, value 50l.; 1 pair of bracelets, value 20l.; 1 purse, value 6d; 7 foreign gold coins, value 13l., and 100 sovereigns , the property of Betty Sill Bezerra , Viscountess du Tagoatry.
MR. LEE conducted the prosecution.
WILLIAM ALDERTON . On the 12th of October I was in the service of the Viscountess de Tagoatry; her name is Betty Sill Bezerra, she lives at No. 95, Piccadilly, in the parish of St. George's, Hanover-square . On the night of the 12th of October, a person resembling the prisoner Hickford brought a letter which was in the writing of Hinks - I had known Hinks before, and seen his writing several times; he had lived in her ladyship's service, and his wife is there now - I went to the door and took this letter, which is directed to Mrs. Lacey, who is our housekeeper; she is the inventress of some famous fish-sauce; I handed the letter to her - this was between seven and eight o'clock in the evening; and about a quarter-past nine o'clock I heard that this writing-desk was missing - I saw it again about four o'clock the next morning.
Hickford. Q. Did you not say you could not swear to me, but you believed I was not the man? Witness. No; I said I could not swear to you, but I believed you was the man.
MARY LACEY . I am housekeeper to her ladyship - I am the inventress of this fish-sauce. On the 12th of October this letter was brought to me; I went to the hall and saw, as I believe, the prisoner Hickford - I could not positively swear to him; but from his dress and size I believe he is the man - I asked if it was necessary that I should send a written answer; he said,"No" - this letter is the writing of Hinks I firmly believe - it did not come from the person it purports to come from; I know no such person - (letter read).
"Mrs. Winch will feel much obliged to Mrs. Lacey to send word by the bearer, what will be the price of one dozen bottles of her fish-sauce, carefully packed for exportation.
To Mrs. Lacey, Yours, S. Winch,
95, Piccadilly. 19, Islington-green.
Witness. About nine o'clock this desk and the property in it was missing; I had seen it safe about five o'clock the same afternoon - the desk was locked, I had not seen the whole of its contents for twelve months before - I had seen the snuff-box about five weeks before, when I brought it into the drawing-room to her ladyship - the upper part of the lock of the desk is broken - here are all the articles stated, and one hundred sovereigns.
Hickford. She said at Worship-street, she thought it was a shorter man than me. Witness. I said I thought he was a younger man, but his dress and every thing else corresponds; his voice seems very much the same.
CHARLES RICHES . I keep the Bull's Head, Little Thames-street. The prisoner Hinks came to my house at ten o'clock that night in a hackney-coach; he brought this desk with him; he left it there, and went out - in twenty minutes he came back and had half a pint of beer, and Dent the locksmith came in, and I saw him pick the lock of the desk; and Hinks took out a roll of sovereigns; he took fifty out, and I believe he put one hundred into the desk again; he then asked me to take the desk into my care - I refused unless it was sealed up - I detained him and sent for an officer; I gave the desk to Mr. Norman.
THOMAS ABRAHAMS . I am inspector of the police. I took Hickford into custody on the Monday morning - I asked if he knew a man of the name of Hinks; he said he did, and he had been in his company about eight o'clock on Saturday night - I told him Hinks had committed a robbery, and from the description I had received of a person who was with him, I believed him to be the man - I took him to her ladyship's, and Lacey said, from his appearance and his voice, she believed him to be the man who brought the letter - he said he had taken a letter about three weeks before, and that it was addressed to the cook of the house, who was Hinks' wife - he said he lodged and slept with Hinks, and they worked together as paupers for the parish of St. George - he said Hinks came home that Saturday night and wanted him to go out for a walk, but he had refused, and Hinks then left him.
Hinks' Defence. I left work at half-past six o'clock with the other prisoner, he went home - when I went home I found him in bed; I went to take a walk, but he would not go, as he said he was tired; I came out, left him in bed, and saw no more of him till we were at the office - I went out and saw a young man who asked me to go and have something to drink; we went and had a glass of liquor; and from that time I recollect nothing that happened till I was in Queen-street; I was then just as if I had awoke from a dream, and found I had the desk - I then lost myself again till I was near Marylebone workhouse; I then took a coach and drove to the public-house - I recollect no more till I was called up on Monday morning - the man I took a walk with was shorter than Hickford.
Hickford's Defence. I went home to bed; the other prisoner came home and asked me to take a walk, but I declined it; and I saw him no more till I was taken.
JURY to LACEY. Q. Did you let the man out? A. Yes; he had no desk then - I did not see him in a good light, and cannot swear to Hickford, but I believe he is the man.
THOMAS ABRAHAMS. I took Hickford in consequence of what the butler said to me.
WILLIAM ALDERTON . I took in the letter and left the man on the door-mat inside; he could have opened the door and let another man in - Hickford bears an exact resemblance of the man; to the best of my belief he is the man.
HINKS - GUILTY . Aged 37. - Transported for Life .
HICKFORD - NOT GUILTY .
OLD COURT. Tuesday, October 22, 1833.
First London Jury, before Mr. Justice Park
1564. WILLIAM ROBSON was indicted for that he, on 18th of September , at St. Bartholomew the Great , one mould, in and upon which was made and impressed the figure, and apparent resemblance of the obverse side of a half-crown, knowingly and without lawful cause feloniously had in his custody and possession , against the statute, &c.
2ND COUNT. Omitting the word obverse, and substituting the word reverse.
MESSRS. SCARLETT and PARKER conducted the prosecution.
CHARLES WALLER . I am one of the City-police. I was in the watch-house near Smithfield, on the morning of the 16th of September, a little before ten o'clock - a person named Smith was brought into the watch-house, and in consequence of what happened I accompanied Smith and Crawley the policeman to Smithfield market; and saw the prisoner in the market - I took him into custody, and took him to the station-house, and asked him where he resided; he said, in the Barley Mow-passage, Long-lane, Smithfield; he asked me why I took him into custody; I told him I took him on suspicion of bad money - I went and searched his house, No. 1, Barley Mow-passage, with him and Crawley; the prisoner had got the key and unlocked the door himself - I entered the house, and searched the parlour in his presence - I asked him if there were any lodgers in the house, or did he occupy the whole himself - he said, yes, there were no lodgers, he occupied the whole himself; I told him I should search to see if he had any bad money, or materials to make it; he said, very well, there was nothing in the house that he knew of - I searched the chest of drawers; I then pulled them on one side from the wall, and this mould dropt down, it was in this tin band which fell at the time - I proceeded to search in the drawers, and found this bag of plaster of Paris, and some metal; I found some more metal in this paper, and found some military buttons and some quicksilver in a quill in the drawers; I then searched in the coal cupboard in the room, and found an iron ladle, and two tobacco pipes - I found in the tabledrawer, two small files, the drawer was closed; I then found three metal table-spoons in the same drawer - we then went down into the cellar, and on the stair case behind a beam I found three bad half-crowns - and into the cellar I found these keys; I went up stairs to the second floor, and then to the attic; I searched the attic, and found this bit of wire in the stove, here is some metal on it; it was in the stove between the bars; there was no fire - I took the prisoner to Guildhall; I locked the house, and kept the key I gave it to Mr. Compton the landlord - I returned to the house, in two or three hours (before I parted with the key) I searched the privy, and found part of a mould of a crown-piece; Mr. Compton was present; it was down in the soil: I found this dark lantern, in the same place.
GEORGE CRAWLEY (policeman). I took Smith on Snowhill, on a charge of passing bad money; I went with the witness to take the prisoner - Smith has been convicted of passing counterfeit money; I was with Waller at the first search; I have nothing to add to his evidence - I confirm it; I saw everything found; I was not present when the privy was searched.
SARAH HILLIER . I live in Barley Mow-passage, next door to the house the prisoner occupied; I had seen him at nine o'clock on the morning he was apprehended, in the house - I have seen him go backwards and forwards - I have seen him go in at eleven o'clock at night.
JAMES COMPTON . The house in Barley-mow-passage, belongs to me, as an executor; the prisoner took the house on the 6th of January, last, at a rental of £25 a-year - I was present at the second search; Walker's evidence is correct.
JOHN FIELD . I am inspector of counterfeit coin to the Mint - I have a great deal of experience in examining counterfeit coin, and other things; this mould is of plaster of Paris; on one half, of it is impressed the obverse side of half-a-crown - the other half, has the impression of the reverse side; the mould has been used for casting coin - it is discoloured from the heated metal having been poured in - I find among the metal produced, what is called a get, which fits the mouth of the mould, and appears to have been cast in it.
COURT. Q. Suppose I was pouring metal into the mould, when filled, there would be a stream which would be afterwards cut off? A. Yes; the three half-crowns produced, are all counterfeit, they are cast in white metal, and correspond in all respects, with the mould - the spoons are of a similar metal to the counterfeit coin, and are frequently bought for that purpose; this iron ladle has white metal in it - the tobacco pipe is used to pour it into - here is a portion of grain tin; this plaster of Paris is what the mould is made with - the files are frequently used to remove the lumps on the surface of the coin, and to cut off the get; there is white metal in the teeth of the file - the tin band is used to form the mould.
Prisoner's Defence (written). My wife, who has had the misfortune to break her leg, has been for some time confined in the hospital, and during that period, a young man named Brown, with whom I was acquainted, lodged with me. He had free and unobserved egress and ingress, and during my absence at my daily work, had of course abundaut opportunities to take any articles either in or out of the house, had he been so inclined. I have discovered that he is well known to Smith, the witness against me, and I have a firm persuasion, that the articles found at my lodging. and now produced against me, were placed there for concealment by Brown. The very manner of their concealment justifies this suspicion; they were found behind some drawers which he well knew I never had occasion to move, and where they were in no way likely to meet my observation. At the time of my being taken into custody, I was proceeding to my work, having just visited my wife in the hospital. Nothing whatever was found upon me of an improper nature. and I willingly offered to accompany the officers to my lodging, feeling certain that nothing wrong could be found there. Permit me to ask. if it is probable I should so have acted, had I been aware of these articles being there concealed? That such would never have been the act of a guilty man, I do most respectfully yet confidently submit. Previous to this unhappy charge, my character was never called in question' while the witness Smith has long been known to the police, has been several times in custody, and yet, upon his sole information, I am placed in a most dangerous and threatening situation.
GUILTY . Aged 32 - Transported for Life .
Third Middlesex Jury, before Mr. Justice Park.
1565. MICHAEL FALLAN was indicted for, that he on the 27th of August , in and upon William Bannister feloniously, unlawfully, and maliciously, did make an assault, and with a certain sharp instrument feloniously, unlawfully, and maliciously, did strike, cut, and wound him in and upon his nose and face, with intent to disfigure him , against the statute, &c.
2 OTHER COUNTS, stating his intent to be to disable, or to do him some grievous bodily harm.
WILLIAM BANNISTER . I live at No. 84, Golden-lane, I have been a coal-heaver ; I began to work at that business in January last - before that, I worked at the sewers; and we are called by the old coal-heavers "lumpers" - on Tuesday, the 27th of August, I was returning from my work between six and seven o'clock in the afternoon - I had been to the Green Dragon public-house, which is the house we work from - Henry Hill was with me; he is a "lumper" - just as we came out of the house we saw the prisoner - several persons were coming along at the time; there were some persons in his company - the prisoner said something which I did not exactly - hear; he addressed himself to Hill - Hill said to me,"They call us b-y lumpers" - and I said to the prisoner, "I think you had better go about your business, before you get sent to the station-house" - he then up with his fist, and struck me a violent blow immediately - it was a very severe blow indeed; it struck me insensible - I had no knowledge afterwards for a short time - I was ill for four weeks after, and bled a great deal.
Cross-examined by MR. PHILLIPS. Q. Had you known the prisoner before? A. I had seen him before - I never spoke to him in my life, before that, that I know of - I have seen his brother, who is very like him - the prisoner was taken up three or four days after the day in question; nobody was taken on the spot; we did not fight a few rounds; I swear that I did not fight with the man; I did not give a blow that I know of; I was insensible; I did not strike a blow at all; several persons were present - it was on Tuesday, the 27th, about six or seven o'clock in the evening - I did not offer to fight anybody.
HENRY HILL . I was with Bannister on the night in question - we were going home on the pavement; the prisoner and several companions came by at the same time, and they said, "Look at the b-y lumpers;" before they said that, the prosecutor had not said a word to them - I immediately asked them what they had to do with the lumpers - the prisoner said, any thing what I liked, or the rest of the party; Bannister said, if they did not go off about their business he would send them to the station-house - the prisoner immediately struck him a violent blow on the face - Bannister had done nothing to him; Bannister was not able to return the blow; when he received the first blow from the
Cross-examined. Q. What became of Bannister after the first blow was given, what did he say? A. He was beat up against the side of the house; he was quite insensible when he was struck, and could not speak; he said nothing - the blow cut him across the nose, and disfigured him; he did not stand up; he leaned against the side of the house, and then the prisoner beat him very violently - I was close to Bannister.
Q. Why not prevent the prisoner from striking him? A. It was done so suddenly, and the alarm given so quick - Grimble was out almost immediately after the first blow.
Q. What was the reason why you did not interfere to prevent it? A. There was only the prisoner striking; there was only man for man - Bannister was insensible after the first blow; but there was such a parcel of people got round, it was impossible to get to him; I was close to him when the first blow was struck, but the crowd assembled very fast; I saw nobody strike him but the prisoner.
Q. As you have used the expression "Man for man," will you swear there was not a fight? A. Fight, why no.
Q. Will you take your oath there was not a fight between the prisoner and Bannister? A. I call it nothing else but a fight; Bannister did not strike any blows at all - I did not hear the prosecutor say, he would fight any coal-heaver on the coast; nor that he was ready to fight any; I heard no such thing - the prisoner might have staid four or five minutes in my presence; his brother was there at the time - I know William Mocurd , he was there.
JAMES GRIMBLE . I am a lumper and coal-heaver; I was in the Green Dragon public-house, on the 27th of August, and in consequence of a noise I went out - I saw the prisoner kicking and beating Bannister who works with me - I am foreman to Mr. Burkitt - I ran out of the house and the prosecutor was then lying under the next house from the Green Dragon, where I saw the prisoner and others beating him - I saw the prisoner beating him at first, and I saw others making up towards him - I did not see them inflict any blow - Bannister was profusely covered with blood - he was insensible - the prisoner made his escape directly - I took Bannister into the Green Dragon - I believe a surgeon was got for him - you would not know the man, he was beat so on his head, and covered with blood - the moment I was apprised of what was going forward, I rushed forwards and a gentleman there gave the oyster shell into my hands - I have it here - the prisoner was absent at the time - I never showed the oyster shell to the prisoner.
Cross-examined. Q. What do you mean by the expression that you saw the prisoner and others beating Bannister? A. The prisoner I have known for three or four years; he was the first man I saw beating the prosecutor - I saw three or four others who are now in attendance, stripping their clothes off, to beat the b-y lumpers - I saw the prisoner kicking him.
Q. What did you mean by saying you saw him and others beating Bannister? A. I may possibly have gone too far; but I have sworn to the prisoner at the bar, seeing him beating him and others attempting to do the same - I saw them rushing forwards - I did not see the spectators strike him - I have been with Burkitt about seven months - previous to that, I belonged to the police-force, to the K division - I did not leave it with any disgrace at all - I left at my own option, that I swear - no charge was made against me to the commissioners - I was recommended to the commissioners from Norwich - I came and served here three years, and left without disgrace to my character - my recommendation was from Colonel Harvey - I swear I was not discharged, for I took off my clothes and delivered them up - I left it because I thought I had got something better to attend to - I shall not answer you another question - I will only answer any questions the Court think proper.
Q. Now I ask you, now do you mean to say you quitted the police-force of you own accord, and was not discharged? A. I do - I did not see him kick more than once, for the moment he clapped his eye on me, he made his exit - I had time to see one kick - I cannot exactly say where he kicked him; I should suppose it was in the body; he was down at the time - I suppose it might be from the head, betwen two feet of that and the head - I do not think he kicked him on the head.
ANN WISEMAN . I am a servant at the Green Dragon. I remember going out into the street on hearing a noise - I saw the prisoner there - I saw him give Bannister a most woeful blow; a hard blow - Bannister was standing up at the time - a little time after, I saw a shell in the prisoner's hand - I did not see it in Grimble's hand.
Cross-examined. Q. How long after the blow did you see the shell in the prisoner's hand? A. About ten minutes as near as can be after the prisoner struck Bannister the blow - Bannister was helped into the yard - the mates helped him in that were in the tap-room - they did not help him in directly after the blow - it was a very few minutes after the prisoner struck the blow; he stood there; he did not do anything after the first blow that I saw - I went closer to him after he struck the blow, and I found Bannister standing up, he was staggering a little, when I got up to him; the prisoner was standing up when I got closer - and the men took Bannister into the yard, a very few minutes after the blow was given - I did not hear the prisoner say anything when he struck the blow - he did nothing but stand there that I saw - Bannister was standing with his face towards the prisoner; I did not see his hands up; I only saw the prisoner give him one blow - the prosecutor was standing up when the blow was given - and I did not see the prisoner strike him at all afterwards - I am quite sure Bannister was standing up when he received the blow - I did not see anything the matter with his face before he got the blow - Bannister had a quantity of blood on his
COURT. Q. Did you see Bannister strike the prisoner in any way? A. No, not at all; after I saw him bleeding he was leaning against the wall, staggering against the house.
SAMUEL MASON . I am a surgeon of the parish of St. Luke's. I was called in on the Friday subsequent to Tuesday, the 30th of August - I saw the prosecutor bleeding at the nose profusely then; there was a lacerated wound on the right side of his nose; the cartilage was separated from the bone of the nose; there was a considerable contraction about the right eye; it was closed - it was not a very serious case; I considered the haemorrhage which took place was an effort of nature, and that he would recover from it.
NOT GUILTY .
NEW COURT. Tuesday, October 22, 1833.
Third Middlesex Jury, before Mr. Common Sergeant.
The prosecutrix did not appear.
NOT GUILTY .
The prosecutrix did not appear.
NOT GUILTY .