CHARLES FAREBROTHER , MAYOR.
SECOND SESSION, HELD AT JUSTICE HALL, IN THE OLD BAILEY, On THURSDAY, THE 2nd DAY OF JANUARY, 1834.
AND FOLLOWING DAYS.
TAKEN IN SHORT-HAND,(BY AUTHORITY OF THE CORPORATION OF THE CITY OF LONDON,) BY HENRY BUCKLER.
Before the Right Honourable CHARLES FAREBROTHER , LORD MAYOR of the City of London, Sir Stephen Gaselee , Knt., one of the Justices of His Majesty's Court of Common Pleas; Sir Edward Hall Alderson , Knt., one other of the Justices of His Majesty's Court of Common Pleas; John Ansley , Esq.; Samuel Birch , Esq.; John Thomas Thorp , Esq.; Matthias Prime Lucas , Esq., Aldermen of the said City; The Honourable Charles Ewan Law , Recorder of the said City; William Taylor Copeland , Esq.; Thomas Kelly , Esq., and Thomas Johnson , Esq., Aldermen of the said City; John Mirehouse , Esq., Common Sergeant of the said City; and William St. Julien Arabin , Sergeant at Law; His Majesty's Justices of Oyer and Terminer of the City of London, and Justices of the Gaol Delivery of Newgate, holden for the said City and County of Middlesex.
FAREBROTHER, MAYOR. - SECOND SESSION.
* A star placed against the verdict denotes that the prisoner has been previously in custody.
First Middlesex Jury, before Mr. Justice Gaselee.
182. JOSEPH PEARCE , JOHN PEARCE , JAMES FARRELL , and WALTER SCOTT , were indicted for feloniously assaulting James Griffiths on the 22nd of December , at St. Sepulchre, putting him in fear, and taking from his person and against his will, 15 shillings, 2 sixpences, and 3 pence, his monies .
JAMES GRIFFITHS. I am a porter and live in Sun-court, Milton-street, Cripplegate - on Sunday, the 22nd of December last, between three and four o'clock in the morning, I went into the White Horse public-house, White Horse-alley, Cow-cross , to have a pint of beer - the four prisoners were in the house and some others - one of them asked me to have another pint - that was Joseph Pearce ; I said, I would have no more - we had, before that, all drank out of one pot - they were a pint, and I was a pint - I said, I would have no more, and came out of the house - the four prisoners followed me out of the house, and Joseph Pearce laid hold of my two arms behind, while Farrell put his hands into my pocket and took my money out - it was in my left hand breeches pocket - there was 15 shillings, 2 sixpences, and 3 pence in copper.
Q. Did anybody else do anything? A. No; I stopped there till the policeman came up; I then told him I was robbed - Pearce put me in bodily fear - he said, if I moved, he would take care I should not go far - when they got my money, they ran away - Footman, the policeman, came up between one and two minutes afterwards - Scott and John Pearce did nothing to me - they were on one side of the others while they robbed me - I had not got many yards from the door before they took hold of me - they said nothing to me before they laid hold of me - they all came up to me together, Scott and John Pearce ran away first, and the other two afterwards.
JOHN FOOTMAN. I am a policeman - I was on duty on Sunday morning, the 22nd of December, about a quarter to 4 o'clock - I met Walter Scott and John Pearce, running out of White Horse-alley - I heard one of them say, "what a lark" - they did not see me at the time - they were running as fast as they possibly could; and as they passed me one of them nearly upset me off the pavement, it being a very narrow pavement, and he ran between me and the wall - I asked them what was the matter, and they made no remark whatever - Scott turned into Eagle-court, a few yards from the spot; and John Pearce went straight on - I went on to White Horse-alley, and met Joseph Pearce running in the same direction - he asked me if I had seen two men going that way - I told him I had seen his brother and Scott - I walked on and met the prosecutor about a dozen yards from there - he complained of having been robbed, and gave me a description of the prisoners - I saw nothing of Farrell that morning; and in the afternoon I acquainted my brother officer Hodges - we both went to look for them, and I saw Joseph Pearce, and John Pearce, and Scott, in the One Tun public-house, Field-lane - Hodges went for another man to assist us in apprehending them, and while he was away John Pearce and Scott left the house - I apprehended them as they went along towards Farringdon-street - I brought them back into the public-house again, and I was assisted by my brother officers to take them to the station-house - I also apprehended Joseph Pearce in the house - we conveyed them to the station-house; and as we were going along, Joseph Pearce said,"I suppose this will be seven years for us" - I asked him no questions; and he said, "I don't care a d-n; we are out of employ at present" - the other two prisoners were a few yards before me, going along; they could not hear it.
JOHN FOOTMAN re-examined. The other three prisoners were searched at the station-house - I found 3d. in copper, and 6d. in silver on Joseph Pearce - I apprehended them between four and five o'clock on the Sunday afternoon - when I saw the prosecutor he was not drunk; he appeared as if he had been drinking, but quite capable of stating what had occurred.
Joseph Pearce's Defence. I was in the public-house with my brother - Scott and Farrell brought this man in to have half a pint of gin; and after that they had a pot of ale; and afterwards the man paid for a pint of beer himself; and after drinking that they were an hour together - Scott and Farrell went out of the house - my brother and I were in the house and heard a man say, "Pull your hand out of my pocket: I am robbed" - we went out, and Farrell had his hand in the man's pocket, and Scott had hold of him by the two arms - they both ran away - we went a different way - the man said he had been robbed - I walked gently up the passage, and asked Footman if he had seen my brother - I asked which way he was gone; and I went to find him - I touched nobody - I am perfectly innocent.
John Pearce's Defence. Scott and Farrell brought the prosecutor in to have some gin - he met us, and asked if we would go and take part of it - we drank it - we had some ale afterwards; and the man put down 1s. to pay for the gin - the landlord took the whole of it out of the man's shilling; and about an hour after drinking, the man was intoxicated; and Scott and Farrell took hold of his arms, and led him outside, and said, "Come along, old fellow;" and as soon as they got out, I heard the man say, "Take your hand out of my pocket" - when I got to the door I saw Scott holding his arms, and Farrell's hands were in his pocket - Scott ran away - I was frightened, and I ran away and passed the policeman.
The prisoner Farrell made no defence.
Charles Shrimpton, harness-maker, of Cow-cross; Thomas Gill, saddler and harness-maker, 3, Giltspur-street; Henry Hutchings, harness-maker, 54, Coppice-row, Clerkenwell; Walter Beer , saddler and harness-maker, Rose-alley, Eagle-street, Red Lion-square; Daniel Cook , shoe-maker, 101, Leather-lane; Richard Curtis , shoe-maker, 100, Leather-lane; James Pritchard , brass-finisher, 1, Pump-court; and Dinah Larby, 2, Leather-lane, gave the prisoner Scott a good character; and James Perry , baker, 22, Gray's-inn-lane, gave the prisoner Farrell a good character.
SCOTT - NOT GUILTY .
FARRELL - GUILTY . Death . Aged 17.
OLD COURT. Thursday, January 2, 1834.
First Middlesex Jury, before Mr. Justice Alderson.
183. GEORGE ALLUM , THOMAS PRESTON , and JOHN SLOUGH , were indicted for feloniously breaking and entering the dwelling-house of Samuel Howard , on the 8th of December , at St. Marylebone, and stealing therein 2 watches, value 1l. 10s.; 1 ring, value 5s.; 1 gold pin, value 3s.; 2 thimbles, value 2s.; 4 decanter-stands, value, 10s.; 3 castor-tops, value 2s.; 2 pair of gold drops, value 1l.; 1 gown, value 12s.; 1 petticoat, value 6s.; 1 shawl, value 12s.; 2 tablecloths, value 6s.; and 6 napkins, value 12s.; his property ; and MARY ANN JONES , alias MARY ANN PRESTON , was indicted for feloniously receiving the said goods, well knowing them to have been stolen as aforesaid , against the Statute.
FRANCES MARY HOWARD . I am the wife of Samuel Howard, and live at No. 10, Dorset-mews, West, Baker-street . On Sunday, the 8th of December, I had occasion to leave my house about half-past five o'clock in the afternoon - I left nobody in the house - I left it all safe - the place where we live are rooms over a coach-house, and there is an internal communication between the coach-house and our rooms - I locked the room-doors - the coach-house door was fastened only by a bar inside, and the other door by a padlock outside - it was fastened when I went away - I returned at half-past nine o'clock in the evening, and found the door open - the stable door was open which I had gone out at and locked - the staple of the lock had been forced. I went up stairs, and missed a metal gilt watch, four plated decanter-stands, a ring, and two thimbles; a gold pin, two pepper-castor tops, two pair of gold ear-rings, a silk gown, a silk petticoat, a silk shawl, and a silk handkerchief - I then missed another metal gilt watch, two table-cloths, six damask napkins, the top of a small smelling-bottle, and I think I missed 3s. 7d., and there was a pair of plated snuffers - the things in the house appeared a good deal disturbed - I imagine the robbery was done by more than one person, from what I heard - I saw the prints of nailed shoes on one chair - it was only the shoes of one person - I don't know any of the prisoners now at the bar; I know Allum - he had lived in our service nearly four months- I received information from a person who is not here.
WILLIAM HORSFORD. I am a policeman. I went to search the house of Thomas Preston on Tuesday night, the 10th of December, at 34, Little North-street, Lisson-grove- the prisoner Jones lives there with him - I knew he lived there before; I went between seven and eight o'clock in the evening; Preston was not at home, Jones was at home; she was in the back parlour - I asked her where Tom was - she made no reply; I said, "Where is Preston?" - she made
THOMAS FURSEY. I apprehended Slough - I found 4s. in silver on him, 2 1/2d. in copper, a silver thimble, the tops of two pepper castors, and a smaller top of something.
DAVID TRAIL. I am a pawnbroker - this duplicate was given at my shop to the prisoner Preston, who pawned a handkerchief for 1s. 3d. on the 10th of December, about 1 o'clock in the afternoon - I am quite sure he is the man.
ANN HOWARD re-examined. I know these tops found on Slough - they are part of the property I lost on the Sunday evening - the handkerchief produced by the pawnbroker is ours - I have had it a long time - my name is not on it - I generally mark my handkerchiefs - I can't say whether this was marked when I lost it, but I can swear to it by its general appearance; the decanter stand is ours - I have had it about three years - I have had the handkerchief about two years - this silver thimble is mine - it is bent - I know it by a mark which is on it - I am sure of it - it is part of the property lost; the gold ring is mine - I have had it some time - it is set with stones - we lost two packs of cards - these are like mine, but I can't swear to them; I lost two silver thimbles - the one found in the card-box I know by a crack, and can swear to it; this watch was found at Trail's, and is one which I lost.
DAVID TRAIL. The watch was pledged by a female on the 9th of December - it was not by Jones - I gave her a duplicate - she gave the name of Mary preston - It is not among the fourteen duplicates produced.
Preston's Defence. My Lord; I saw Allum once before; I saw him on the Saturday as the robbery was done on the Sunday; that was the first time I saw him, and how I came to see him was, he was with Slough; we had a pot of beer together, and Allum was inquiring if either of us had an old pair of shoes to lend him - I said I had an old pair - he said he wanted to pawn his, for they were full of nails, and he had somewhere to go; I lent him a pair, and he went and pawned his nailed shoes for 3s.; he came back - we had two or three pots of beer, and I did not see him again till the Wednesday as I was taken into custody on the Tuesday night; on Sunday evening I was at Mr. Porter's - about half-past nine o'clock Allum came in and spoke to Slough and me; he said he had been up to where I lived, and left a bundle there, and he should fetch it on Monday morning; he did not say what it was, and I saw him give Slough something, I don't know what - we had a pot of beer together - I never saw him afterwards till I saw him at Marylebone office; when I went home Jones told me a young man had been there and asked for Slough, and left a bundle, but I never looked at it till Monday morning when he was to come for it; I looked at it then, and there was the false keys in a handkerchief, and decanter stand, a thimble and ring; they were in the decanter stand; I went out immediately down to the Hercules, where I thought perhaps he might come; and I went for him to take the things away - I had no idea they were stolen - I could not find him - I went everywhere to find him, but could not, and on the Tuesday I put the keys under the bed in the decanter stand, and put the ring and thimble in a box - as to the handkerchief, I was in want of the price of a pint of beer, and about half-past four o'clock on Tuesday I pawned it for 15d. and I had 1s. 4d. taken from me when I was apprehended.
Slough's Defence. On Sunday evening Allum came to the Hercules - we had a pot of beer or two together - he gave me two tops of a pepper box and a thimble, and said if I would sell them he would pay me 5s., which he owed me, and I kept them in my pocket.
Jones's Defence. Between eight and nine o'clock on Sunday evening, Allum knocked at my door, and asked if Slough was there - I told him no - he said, "Do you know where I shall find him?" - I said "No, I dare say you will find him at the Hercules, for Thomas is gone there;" he said, "Let me leave this bundle," I took it of him - he said,"I will come for it to-morrow morning, and if Thomas comes home, tell him I left it" - I never saw Allum in my life before.
Nicholas Woodford, 48, Paddington-street; William Farmer, and Richard Cooper gave the prisoner Slough a good character.
WILLIAM HORSFORD re-examined - Dorset-mews is in the parish of St. Marylebone.
PRESTON. Aged 23. GUILTY .
SLOUGH. Aged 18. GUILTY .
Transported for Life .
JONES. Aged 20. GUILTY .
Transported for Seven Years .
Jones recommended to mercy, believing him to have acted under the influence of others. There was another indictment against Allum and Preston.
Before Mr. Justice Gaselee.
MR. WALESBY conducted the prosecution.
JOHN ROBERT DANIEL TYSSEN . I live in Warwick-road, Upper Clapton , in the parish of St. John, at Hackney. The prisoner was in my father's employ, as footman, in November last - my father came to visit me about the 14th or 15th of November, I know he was there on the
MR. DOANE (for the Prisoner). Q. Did you make any sort of promise or inducement to him? A.Certainly not - I did not say I would forgive him, or that it would be better for him - I did not say he had better tell me all about it, nor anything of the kind - I did not say I would forgive him if he would tell me all about it, nor anything of the kind.
MR. WALESBY. Q. What did he say? A. He then said, "I found it in the hall of your house," alluding to Clapton - I then scolded him for having changed the note, saying, it was very curious for a servant to find a note in a house and not mention it, and I asked him what he had done with the money; he said he had spent part of and said he would make it up out of his wages - I told him the money was of very little consequence, it was more important to make out who had taken it - I then asked him if he found anything else; he said, nothing - I told him to be very cautious what he said, as he must be aware, from the trouble I had taken in coming down from London, I must be aware of more than he thought of - I told him he did not tell me the truth, for where he found the 10l. there he must have found the 20l., for they were both wrapped up together; there was some little hesitation, and I threatened that I would send for a constable if he did not tell the truth; unless he produced the 20l. or told the truth about it; he then said, he had found them, or the notes, or similar words to that - I asked him what he had found - he said a 20l. note - I asked him where it was - he said it was up stairs, and he would go and get it - I said, "No you won't, John, I will go with you;" I desired him to go first, and I would follow him - I got up to his bed-room within two or three minutes after this conversation - I went into his bed-room, it was about half-past seven o'clock at night; when I got into his room, the candle was out - I met him in the room - I brought a light with me, and I asked him if he had found it - he said, "No;" he was then searching the pockets of the clothes in his drawers, and, after some little time, he pulled out a small piece of paper from a pocket, and inside that paper was this 20l. note, which I produce - I could not at that time recognise it as the one I had lost - I told him he could not possibly be allowed to remain in my father's service, and he had better give notice to leave that day month - I told him I would not tell anybody about it that night - I subsequently had him apprehended; he did not continue in my father's service; he was had before my father the next morning, and Mr. Bean, the clerk at Maidstone; he was desired to go to the Mayor, to clear himself, and he went out of the house and ran away; this was on the Wednesday, 12th or 13th of December, it was the day after I went down - I went before the Mayor, and search was made after him - I saw him at Worship-street, on a Monday, in custody of a turnkey of Canterbury gaol. My father continued on his visit at my house with the prisoner till the Wednesday morning - I had lost them on Monday, but did not quite ascertain the loss till the Thursday.
Cross-examined by MR. DOANE. Q. It was in consequence of your having said, unless he told the truth, and produced the note, you would have a constable, that he produced the 20l. note? A. Yes; I threatened to fetch a constable, and soon afterwards he produced the note; when he produced it I had no idea of having him taken into custody, not at the time; nor would I wish to prosecute him now if I could avoid it - I am an unwilling prosecutor; my object was to get rid of the business - I carried the notes rather carelessly about my person; it was not the business of all the servants to go up to my bed-room - I had an idea that I missed the notes on the Monday morning, but I fully ascertained the loss on Thursday, as I had an idea I might have paid them to a gentleman who was gone from town, and he returned on Thursday; it is possible I might have dropped them in the hall, but it is not very probable.
MR. WALESBY. Q.You missed them on Monday morning? A. Yes.
GEORGE MYERS. I am a pawnbroker living at Maidstone - on the 29th of November the prisoner came to my shop to change a £10 note (looking at one), this is my handwriting - it has "Goodwin, at Tyssen's Esq., Pennington heath," on it - I did not know the prisoner, but that was the name he gave me - I gave him ten sovereigns for the
Cross-examined. Q. He gave you his correct address and name? A. I don't know whether that is his name or not.
REV. MICHAEL WEBB KEILY. I am a clergyman, and live at Upper Homerton - I recollect on the 16th of November last going to Barclay's bank, having a cheque on them for £100, dated on the 14th of November, given to me by John Clark Powell , the drawer - he is treasurer to the Hackney Church of England Grammar School - I produced the cheque at Barclay's, and received three £20 and four £10 Bank of England notes - I saw Mr. Tyssen the following day, which was Sunday the 17th - he was just coming out of his house and I was going up to see him - I gave him a £20 and a £10 note which I had received at Barclay's - I have the other two £20 notes in my possession now (producing them), I have paid away the three £10 notes - on the 28th of November Mr. Tyssen sent his clerk to my house to know the numbers and dates of the notes - I had at that time two £20 and two £10 notes in my possession - I gave Mr. Tysson's clerk at that time a memorandum of the notes I had left; he is here to-day - I do not know the numbers and dates of the notes I paid to Mr. Tyssen, but I received them at Barclay's with the others.
Cross-examined. Q. Had you any other notes in your possession? A.No.
JAMES BARNES. I am a clerk at Messrs. Barclay's banking house, Lombard-street - on the 16th of November last I paid a cheque for £100, here is the entry in my book in my own handwriting, and made at the time - I find I paid a cheque of £100, drawn by Powell, as treasurer of the Hackney Church of England Grammar School, with three £20 and four £10 notes - the numbers are entered, but not the dates - the £20 notes are 15485, 5890, 19763 - when we pay cheques we only enter the numbers, but when the notes come into the house, we enter the dates, and I have ascertained the dates from that first entry - the £10 notes were Nos. 4761, 4762, 18407, 18406 (looking at the £20 note found in the prisoners pocket,) the number of this is 15484 - this £10 note is 18406 - I see on the back of the £10 note the figures 10 and 11 in the handwriting of one of our clerks - I know the handwriting - the other two £20 notes correspond.
THOMAS TAYLOR. I am principal turnkey of Canterbury gaol - the prisoner was brought to me from Dover, I brought him to London - I took him to Worship-street, and delivered him to Garton.
MR. TYSSEN re-examined. My house is in the parish of St. John, at Hackney.
Prisoner's Defence. I heard nothing of the loss of the notes till the prosecutor came down to me - I changed the £10 note, and gave him up the £20 - he said if I picked them up he would forgive me, which I did - he said he should not name it to his father, but I had better give a month's warning and leave, as he should not like me to come to his house again, as he should always be uncomfortable if I was there - I had picked them up in the hall - he said nobody knew he had lost them but his sister - I told him I would make up the remainder - he said he would forgive me and not name it to his father if I gave notice to leave; but next morning he named it to his father, who spoke to the magistrate to detain me; and being a stranger and having no one to defend me, I went to Dover, where I had friends, and was taken.
THOMAS TAYLOR re-examined. He was delivered into my custody on Saturday night, December 14th.
MR. TYSSEN. I have known him about four months while in my father's service; his brother was in my father's service before - my father had an excellent character with him from a lady at Dover - he had been with some person two years and a half; whether it was that lady or a gentlman at Ramsgate I don't know.
JURY. Q.After you missed the money, and made inquiry about it, do you know whether the prisoner knew the inquiry was made? A. He could not know of it - I merely mentioned it to my father's clerk - it is possible he might have heard that I lost them, after the Thursday, as I caused bills to be posted about the parish - the hand-bills were posted on the Tuesday week after the loss; and I advertised it in the Times and Herald.
GEORGE MYERS. He paid me the £10 note on the Friday.
GUILTY . Aged 24. - Transported for Life .
Before Mr. Justice Alderson.
185. JOHN HOLDING and CHRISTIAN WILLIAM ROWORTH were indicted for feloniously breaking and entering the dwelling-house of James William Tyler on the 28th of December , at St. Leonard, Shoreditch, and stealing therein 3 pocket-books, value 1s. 6d.; 11 black lead pencils, value 3d.; and 2 flutes, value 1s. 6d., his property .
JAMES WILLIAM TYLER . I keep a general sale shop , and live in Old-street-road , in the parish of St. Leonard, Shoreditch - I have a good many pocket-books in my shop - about eight o'clock in the evening of last Saturday, Kemp the policeman brought the boy Holding into my shop, and showed me three pocket-books - I looked at my shop-window, and found it broken - it had been cracked before, but this was a fresh crack - the glass was perfectly safe before, but I found it shoved inside - a boy could put his hand through the hole; for I set my boy to try, or I should not have through it possible - a pocket-book could be taken out through the hole - they laid at the corner of the window within reach of the hole - the window was perfectly whole in the morning, I believe - the pocket-books were damaged, and worth 1s. 9d.
GEORGE KEMP. I am a constable - I was in Old-street-road last Saturday, and saw the two prisoners and another one with them standing by Tyler's shop window, as if looking in at the window - they left for a few minutes, and walked towards the Curtain-road; and I then saw Holding and the other two cross the road, and observed something under his jacket - I laid hold of him, the others ran away - I took these three pocket-books from under Holding's jacket - he said, "I did not take them from the window; those boys took them and gave them to me" - I searched him and found these eleven pencils on him - I knew who the other two boys were - Roworth was one of them, I am quite certain, and as I took him to the office, he told me they went to sell the flutes, but could not sell them, and chucked them away
Holding. He made me take him and show him where the shop was.
KEMP. I did not, I took him directly to the shop.
JOHN SHEPHERD. I apprehended Roworth - I told him that I took him for something in Old-street - he said he had not been with any boys, nor had he been in Old-street- I took him to the station-house, and saw the prisoners together at the police-office - I neither threatened nor made them any promise - Roworth said, "The other two boys have got away; I had none of the property, but I picked the putty from the glass."
HOLDING - GUILTY . Aged 13.
ROWORTH - GUILTY . Aged 13.
Recommended to mercy by the Jury, on account of their youth. - Transported for Seven Years .
Before Mr. Justice Gaselec.
186. JOHN RUTLAND was indicted for feloniously breaking and entering the dwelling house of Leonhard Sarbourg , on the 21st of December , at St. Martin in the Fields, and stealing therein 4 decanters, value 14s.; 1 decanter-stand, value, 3s.; and 2 saltcellars, - value 3s., his property .
LEONHARD SARBOURG. I am an embroiderer , and live at No. 22, Great May's-buildings, St. Martin's-lane , in the parish of St. Martin in the Fields. On the 21st of December, a gentleman came to me on business after six o'clock in the evening, and I let him out of my house between six and seven, I think it was not later than half-past six - I shut the front door after him myself - I did not bolt it, I only latched it - I am quite sure the door was fast, I am so used to the door, I know it was perfectly fast - I went into the back parlour, where we sat at work, my wife and another person were there - I lost that night four decanters, in a plated stand, and two glass saltcellars - I missed them between six and half-past six o'clock, as near as I can tell - I had not been out of the back parlour, after letting the gentleman out, till I heard of the robbery - my wife discovered it.
MARY SARBOURG. I am the wife of Leonhard Sarbourg - I remember my husband letting the gentleman out of the house, and coming into the back parlour, between six and seven o'clock - there was an apprentice in the back parlour with us - I felt a drift of wind, and could hear the noise plainer, and found the street-door was open - I said the street-door was open - another person went into the passage before me, and from what she said, I went into the passage, and found the front parlour-door open, and as I went out the prisoner came out of the front parlour - he ran into the street and I after him, calling "stop thief," till he was stopped by Bennett, the policeman - I saw him pull the two saltcellars out of his pocket - this was on Saturday evening - I had not taken particular notice of them since the Friday evening - they were kept in the front parlour - the apprentice went into the passage first, and directly she said the parlour door was open, I ran out and could see that the apprentice did not open the street-door - I could see it was open before she got to it.
Prisoner. Q.Did you lose the property at the time stated in the indictment? A. Yes.
WILLIAM BENNETT . I am a policeman. I heard a cry of "stop thief," on the evening of the 21st of December, between six and seven o'clock - I saw the prisoner running towards me, Mrs. Sarbourg was pursuing him - I stopped him - I took hold of both his hands - he requested me to release one - I did not, but took him into the public house, and asked what he had got - he said, "I have two saltcellars" - I took them from him - these are them - they have been in my custody ever since.
MRS. SARBOURG. I know these, they are chipped - I have had them near upon two years - I have sancers which they fit in at home - I never found the decanters - somebody must have got out before him - the decatnters were in the front room - I had seen them on the Friday evening about ten o'clock.
MR. SARBOURG. When I let the gentleman out, the front parlour-door was shut - I did not try whether it was locked, but I am certain it was shut. I know these salts.
MRS. SARBOURG. I felt the drift coming in at the street-door, about three minutes before I went out.
Prisoner's Defence. I beg most respectfully to acquaint you, that on the night named in the indictment, business called me to Gloucester-place, Regent's-park; as I went up May's-buildings, I met three men running in an opposite direction - they knocked me down, and, on getting up, I met a policeman, who took me to a public-house, to search me. I told him I had only a pair of glass salts, which I had bought about fifteen days ago; I had bought them to present to a person to whom I was engaged in marriage. I was never in custody before. The prosecutrix may easily be deceived by others of a like description.
GUILTY . Aged 19. - Transported for Seven Years .
Before Mr. Justice Alderson.
187. EDWARD WATTS was indicted for feloniously breaking and entering the dwelling-house of William Harvey , on the 14th of December , at St. Pancras, and stealing therein 1 pair of sugar-tongs, value 6d., and 1 spoon, value 6d., his property; and that he, at the delivery of the King's gaol of Newgate, holden for the county of Middlesex, at Justice Hall, in the Old Bailey, on the 14th of February, 1833, was convicted of felony .
WILLIAM HARVEY. I keep the Duke of Clarence public-house, Pancras-road , in the parish of St. Pancras; on the morning of the 14th of December the house was broken open - I went to bed at eleven o'clock on the night of the 13th - I was the last person up, and left it safe - I locked the door, and bolted the tap-room door leading to the yard inside - I was awoke about one o'clock by a loud knocking at the front door - I got up; the policeman said, there were thieves in the house - I looked at the window, and saw somebody escaping across some tiles, leading to a lead fiat - I got out of the window and took hold of the prisoner, who I had known some time before, and am sure it was him - I said, "You scoundrel, where are you going? stop;" he said, "What are you going to do?" - I said, "What
MICHAEL THOMPSON. I am a policeman - I was going my rounds, near Mr. Harvey's house, on the night in question, and observed the area-gate, which leads to the tap-room window open from the wall, and the tap-room window drawn down half-way - I went my rounds, came back to the house, and stood by a door leading to a court - I heard a noise inside, and footsteps of somebody come towards the side door, as if to listen, then return and go back to behind where he made a noise; the footsteps came back again, and I heard the bolt drawn gently from the door; the noise went back again, and then went up to the parlour; and I heard a loud noise within - then the footsteps came towards the door, as if he was walking on the top of his feet; a constable came to my assistance - I placed him at the door, and I went to the front door and gave the alarm; and after some time, a female answered me from the first floor window - I told her to make haste and open the door - I heard that the thieves were escaping at the back of the house, and, in a few minutes, the prisoner was taken - I heard a cry of policeman, and found him in custody of Parish; Mr. Harvey came down dressed - I am sure it was the prisoner that was found that night - I have known him a long time; another constable took him to the station-house.
Prisoner. I wish to know if he saw any marks of violence on the shutters? Witness. I saw marks of violence on the window and the sash, as if it was fresh broken - I went on the lead flat afterwards, and found the spoon and sugar-tongs.
JOHN FITZPATRICK . I am a policeman - I heard the rattle spring - I immediately ran to the place, and took the prisoner into custody inside the house - he was inside the door, outside the bar - I found no property on him - I took him into custody, and he immediately dropped down, as if very drunk; but I believe he was sober: he walked as steady to the station-house as I did; and as we went along he put his hand into his pocket, and dropped some money out of his pocket - after putting him into the station-house, I brought a light, and picked up two half-pence, and two farthings, on that place.
MR. HARVEY. I know the spoon - there is no particular mark on the tongs; but they are like mine - he did not use any violence to me - I think it very likely the fall down stairs might have made him sober - I think when I first laid hold of him he was intoxicated - I have seen him intoxicated before - I believe he has no command over himself at those times.
Prisoner's Defence (written)."On the day stated in the indictment I had been drinking freely all the afternoon - I went into the Duke of Clarence public-house late in the evening, for the purpose of going to the water-closet, where, overcome with liquor, I unfortunately fell asleep, and remained in that situation until I heard a noise, which awoke me - I endeavoured, after I found myself in this situation, to get out and make my escape over the leads - the landlord found me making the attempt, and challenged me - I went towards him - we went down stairs, and he gave me into custody of the police, from whence I was taken into the station-house - after searching me, nothing was found upon me; nor do I know anything of the articles found by the policeman - I entirely throw myself on your merciful consideration and humanity - I am innocent of the crime, and was unfortunately found on the premises through the circumstance I have stated - I leave my case for the mercy of the court, and place myself entirely in their hands."
CHARLES FREDERICK FIELD. I took the prisoner on the 2d of February last, for stealing a quantity of sharouts, value 5s. - he was tried here - I produce a certificate of his conviction - (read) - the prisoner is the same person.
Prisoner. When I was brought here on that charge I was quite innocent.
GUILTY . Aged 23. Transported for Life .
Before Mr. Justice Gaselee.
188. CHARLES EVERETT was indicted for stealing, on 12th December , at St. James's, Clerkenwell, 8 yards of woollen cloth, value 6l. 10s. and 1 pair of trousers, value 10s. the goods of Thomas Rawlings , in the dwelling-house of Harry Hopkins .
THOMAS RAWLINGS. I lodge at No. 10, Myddleton-street, Clerkenwell , in the house of Harry Hopkins, who rents the house, and lives in it - on the 12th of December I was in the kitchen - a little boy at the top of the stairs called out, and gave me information - I ran up and ran out, and saw the prisoner walking, with this cloth under his arm - I ran and hallooed out; and then he ran and threw it down at the corner of Gloster-street - I took it up, then followed, and he was secured - this is the cloth - (looking at it) - it measures 8 1/2 yards; and here is a pair of black trousers with it - I know them to belong to a baker who I work for - they hung over a line - I had them in my care - I had seen them five minutes before in the shop - the cloth is worth 6l. 10s. or 6l. - the trousers are worth about 10s.
NATHANIEL BARKER . I live in Macclesfield-street, City-road - I was in the opposite house, and saw the prisoner come out of the shop with the cloth - Mr. Rawlings went after him; I pursued and saw him drop it - I followed and brought him back.
CHARLES PEARCE. I am a constable - the prisoner was given into my charge - I have had the cloth ever since.
THOMAS RAWLINGS. This is my cloth - the house is in the parish of St. James, Clerkenwell.
Prisoner's Defence. I was going across Clerkenwell - a man ran after me and took me into custody - I am innocent.
THOMAS RAWLINGS. I lost sight of the prisoner after he had thrown the cloth down - I followed him for three minutes before I lost sight of him.
NATHANIEL BARKER. I saw him drop the cloth - I took him myself - I did not lose sight of him at all.
JAMES WILD. I have been in very extensive business in the woollen line for 30 years past - there has been a considerable advance in woollens lately, but I judge, to the best of my knowledge, that this is worth 12s. a yard; that is the outside of the value to purchase it; I should think I should sell it for 14s. a yard, but I can't speak accurately, by this light - the trousers I am not a judge of.
JOHN STOGDEN. I am a tailor, and live in Hatton-garden - I have known the prisoner nine years, five of which he was in my service, until June last - I have known nothing of him since, but believe he lived with his parents - his character was strictly honest; I trusted him with money; he possessed the entire confidence of my partner and myself; he had the control over 300l. or 400l. of stock every day; we never lost a shilling.
GUILTY . Aged 21. - Transported for Life . - Recommended to mercy by the prosecutor, on account of his previous good character.
Before Mr. Justice Alderson.
189. THOMAS HEATON was indicted for stealing on the 23rd of July , at St. James's, Westminster, 5 sovereigns, 2 shillings, and one 30l. bank note, the property of Henry Holmes Fisher , in his dwelling-house .
HENRY HOLMES FISHER . I live with my father James Fisher , at 37, Duke-street, St. James , in the liberty of Westminster - the prisoner was in my father's employ as clerk - he is an army-clothier and tailor - he left my father's employ on the 22nd of July last, and, on the following day, I missed 35l. odd of my own - there was a bank note for 30l., 5 sovereigns, and some silver - it was in my desk, which is never kept locked - he was not discharged from the service, and gave us no notice - I was surprised at his leaving - I heard of him from his wife, two days afterwards, and I saw him when he was apprehended, on the 14th of December - my father had called on the Marquis of Bristol, and saw the prisoner's handwriting to a letter, and in consequence of that he was apprehended - I saw him in custody of an inspector of the police, on the 14th of December - the money was mine - it was intrusted to my care - it was sent to me to pay a bill with - it belonged to Mr. Sturges, of Datchet - I said nothing to the prisoner to induce him to say anything when I saw him - he made no confession to me at all - I was examined before the magistrate - I believe he said he had lost the money at the Finish, which is kept by Rowbottom, in James-street, Covent-garden; but I won't be positive that he said so; I am almost certain that he did - I never got any of my money again.
THOMAS ABRAHAM. I am a policeman - I only know the prisoner by having apprehended him on this charge - I did not say it would be better or worse for him to say anything - I went to his house and requested to see him - I said I had something particular to communicate to him, and wished him to accompany me to a public-house at the top of the court; and when I got to the top of the court I said it was no use to deceive him, that I was a constable, and had a charge of felony against him - I told him the nature of the charge; that I wanted him on a charge of having taken 35l. from his employers, and my only object in requesting him to come there was for the purpose of getting him identified by Fisher, jun. who was close by - he then said, "It is no use to give yourself that trouble; I am the person, I acknowledge having taken the money, and I do not wish to see Mr. Fisher" - he said it was the most unfortunate circumstance of his life, and he supposed he must stand the consequence of it - he was sorry to say his case could not be more deplorable than it was - he said he had unfortunately taken the money for the purpose fo going to a gambling house - that he went to Rowbottom's at the Finish, in James Street, Covent Garden, where he had lost the whole, and he thought he should be able to replace it the next morning - I was before the magistrate when he made a statement(looking at the deposition) - this is the signature of Mr. Dyer - it was correctly taken down from his mouth - nothing was said to induce him to make the statement - he stated this after he heard my evidence and the prosecutor's.
The deposition being read, stated the evidence of Abraham, as detailed above, and stated that the prisoner in reply said, "I admit it to be true."
Prisoner's Defence. Mr. Abraham has sworn I told him I took the money from Mr. Fisher for the purpose of going to a gambling house, which I deny; I never told him any such thing - I must leave my case to the merciful consideration of the Judge and jury.
MR. FISHER, JUN. He could not have had a better character that he bore up to the time in question - he was trusted with money to a great amount to take to the bankers - he has a wife and two children.
GUILTY . Aged 31. - Transported for life . Recommended to mercy by the prosecutor on account of his good character.
Before Mr. Justice Gaselee.
GOODMAN SOLOMON. I live in Field-lane; I have an empty house next door to Davis; I employed the prisoner to repair it for me - he was there several days - he was there on the Friday morning, 20th - he came to me that day and said he wanted 1s. to buy his dinner, which I gave him, and said, "Will you go to work immediately?" he said, "I shall, you may depend upon it." I went about an hour afterwards to see how the work went on, and missed him - I did not see him till seven o'clock in the evening, when he was coming out of the public-house door on Saffron Hill; he was drunk - I asked him for the keys to shut up the house; he said, "Here they are, go about your business;" he was then talking to a man with a cab at the door; I went to the house and shut it up; I went into a room in the house, and found the attic window taken off and thrown down on the floor - it was very easy to get from there to Davis's house; I could see by the footsteps somebody had been on the tiles; I went to the prisoner afterwards, and asked him what business he had to take out that window, because he had broken the hinge, - he said, "Why to dry the room to be sure;" there was no occasion to take it out, and he was not to work in that room.
Prisoner. The windows were taken out three weeks before. Witness. That window was in - one was taken out before, but not that.
WILLIAM FAULKNER . I am an apprentice to Mr. Nicholls, a pawnbroker, living at No. 20, Gray's-Inn-Lane; I have brought here two silk handkerchiefs - I only took in one of them - I got that from James M'Carthy in the name of Sullivan; on Friday, the 20th of December, he pawned it, a shopman took in the other - he is not here; it has been in my possession ever since.
JAMES Mc CARTHY. I am a bricklayer's labourer, and live at No. 2, West-street, Spitalfields. On Friday the 20th, about three o'clock in the afternoon, I was in a beer-shop, on Saffron-hill - Powell came and asked if I would go and pawn a couple of handkerchiefs for him, and he would give me a trifle; he gave them to me - I asked where he got them from - he said, "What has that to do with you, so as I pay you?" so I went with them to Gray's-inn-lane, and pawned one at one place for 2s. - the other at another place for 2s. 6d. - I gave the money to the prisoner - he went with me and gave me something for doing it - I pawned four more for him the same day, three in St. Giles's - I can't say how many handkerchiefs he had - I went with him on the Friday night, about seven o'clock, to Monmouth-street, to a Jew, and sold twenty for a sovereign - he did not tell me where he got them - he said nothing about them that I heard - I was examined before the magistrate - oh yes, I remember, he told me he got them of Mr. Davis, and he said, "You have no occasion to say nothing" -"No," said I, "I won't:" and all the while I was in prison with him, he said, "If I said anything, he would say all he could to get me into a scrape myself - he said he got out at the window where he was at work, and got into Davis's and took them - he said, when he was before the magistrate, when we were both locked up, that he would endeavour to get me into the scrape.
SUSANNAH KING. I am a widow, and live in Newcourt, Saffron-hill. The prisoner lives in the next house to me - I came home on the evening of the 20th of December - he asked me to fetch a pot of beer, which I did, and had money from him to get some things out of pawn - he said,"Susan, will you take care of some money for me?" - he gave me 24s. in a piece of rag, that was on Friday night, and in about half an hour he fetched it back again.
WILLIAM LIDSTER . I am a policeman of the G division. I apprehended the prisoner, and took him to the station-house, on Saturday the 21st., Davis was with me- I did not hear him say anything to Davis; at the station-house he said he was innocent of the crime, but as we went along, he said, If Davis would give him till to-morrow at eight o'clock, he would give him information where the property was - We had told him what we took him for - I was present at the prisoner's examination before the magistrate.
DAVID DAVIS re-examined. I was present at the examination, and I know Mr. Laing's handwriting; this is Mr. Laing's hand-writing - I did not see him write it, it was read over to the prisoner - I heard what he said - he was called on to say what he had to say to the charge - I don't think he was told he need not say anything unless he chose - the clerk read over to him what was taken down in my presence, and the prisoner said, Mc Carthy was as much in it as he was - I heard him say this myself - he said, he had nothing further to say, except that Mc Carthy was as guilty as he was, I am sure he said so - I don't recollect his saying anything more - the magistrate asked him if he understood what was read over to him - he said, Yes.
Prisoner. I am quite innocent of the robber; Davis can give me a seventeen years character.
DAVID DAVIS. He has been working about different premises of mine for about sixteen years in the neighbourhood - I never heard anything dishonest of him - I buy the handkerchiefs in lots, at about 32s. a dozen - we sell them at 36s. a dozen - they might not all have been taken at one time (looking at one of the two handkerchiefs) - there was two dozen of this sort, which is a misprinted handkerchief, and sold as a misprint - I saw this among five hundred, and I said this is one of the six dozen - the other one is mine -
JURY. Q.Have you had the whole of your property back again? A. I have had only about nine, the others have been disposed of, and the tickets thrown away; and he has sold one man twenty, and another sixteen, among people that I shall never get them back again.
DAVID DAVIS re-examined. Q.Was M'Carthy taken up at all? A. Yes, and he was remanded for three or four days, but not discharged; he is now brought here in custody; he said he knew nothing of the fact, and has said so all along; the policeman fetched him from the House of Correction, and brought him here this morning by order of the magistrate.
GUILTY. Aged 37. - To the value of ninety-nine shillings .
Transported for Seven Years .
Recommended to mercy by the prosecutor, having worked for him many years.
First London Jury, before Mr. Recorder.
191. GEORGE ROBINSON was indicted for stealing, on the 17th December , 1 coat, value 3l., the property of Robert Farmer ; and that he, before the said felony was committed, to wit, at the delivery of the king's gaol of Newgate, holden for London, at Justice Hall, in the Old Bailey, on the 5th of July, by the name of Solomon Emanuel , was convicted of felony .
THOMAS ATKINSON . I am a linen-draper, and live at No. 3, Aldgate; on the afternoon of the 17th of December I was in Fenchurch-street, and saw the prisoner take a great coat from the box of Captain Brown's carriage, and run away - I pursued him, and called "stop thief;" he threw down the coat, and was stopped in Fenchurch-buildings - I did not lose sight of him at all.
ARTHUR FREEMAN . I was in Fenchurch-buildings on the afternoon of the 17th of December, and heard the cry of"stop thief" - I saw the prisoner running, and stopped him. I delivered him over to Plaistowe.
ROBERT FARMER . I am coachman to Captain Thomas Brown ; on the 17th of December I was in Fenchurch-street - I had occasion to leave the box, and my boxcoat was taken from my seat - I have recovered it, it is my own property.
WILLIAM WARDELL PLAISTOWE . I am a constable of Aldgate-Ward; the prisoner was given into my custody - I have a certificate of his former conviction, which I got from Mr. Clark's office - I was present in July, 1832, when he was tried and convicted by the name of Solomon Emanuel - I am sure he is the same person - I was present; he was tried for stealing some chair bottoms (read).
Prisoner's Defence. I was passing through Fenchurch-street on the 17th, and heard a cry of "stop thief" - I ran to see what was the matter, the same as others - I ran through the buildings; the gentleman took me into custody - I saw a man running before me very fast - I said, "Don't take me, I am not the thief" - I know no more of the charge than the child unborn.
GUILTY . Aged 21. - Transported for Fourteen Years .
2nd COUNT, calling the goods 1,075 sheets of printed paper.
SAMUEL RIDDLE . I am porter to Mr. William Cobbett , of Bolt-court, Fleet-street , a bookseller - On the 21st of December I saw a person come out of Mr. Cobbett's hall, in Bolt-court - he came out as I stood in the passage - he had a parcel of books with him - I walked out after him - it was printed paper in sheets - the prisoner was the person - he walked straight up Bolt-court into Gough-square - I followed him, and met Gutsell, a clerk, and we both took him with the parcel - I never lost sight of him - he was brought back to the shop and given in charge.
JAMES GUTSELL . I am clerk to Mr. Cobbett, and live at 11, Bolt-court - I stopped the prisoner, and when I got the parcel from him I found it was Mr. Cobbett's - it is fifty copies of "The Woodlands" - there are fifty copies complete - I know them by the mark on the outside wrapper, which is in the bookbinder's handwriting - I had seen the parcel before in the premises - the house is in the parish of St. Dunstan-in-the-West - Mr. Cobbett occupies the whole house - he has no partner - he lives there occasionally, and keeps servants there.
Prisoner's defence (written)."My Lord and Gentlemen, in answer to the charge laid against me by the prosecutor, for wilfully and feloniously taking from his premises goods to the amount of 25l., I have briefly to state that, on Saturday, the 19th day of December, between the hours of seven and eight o'clock, I was on my direct road to Walworth, where I had employment in view, I met a gentleman, whom I supposed to be a merchant in Bolt-court, who asked if I would go and bring a parcel with him from his office - that he would give me a shilling for my trouble; I accordingly followed the gentleman up Bolt-court till I arrived at the prosecutor's house, which the supposed merchant had described to be his office. On approaching the house I was desired by my employer to step inside and bring a parcel, which was at the bottom of the stairs, and meet him at the end of the street. Accordingly I innocently obeyed the order, and found the parcel as described by the gentlemen, at the bottom of the stairs; I was proceeding with the said parcel on my shoulder in the public street, leisurely walking towards my employer, when I was suddenly stopped by a man who accused me of stealing the said parcel, there being a gentleman with or near him who then and there identified the parcel as his property, immediately charging me with this robbery, and gave me in custody of patrol. I momentary informed
JAMES GUTSELL re-examined. The prisoner said he was carrying them to a man at the bottom of Bolt-court, but I met him in Gough-square going quite in a contrary direction - he was about thirty yards from the door when I met him - he then said he was going to take them to a gentleman named Spiven, who was waiting for them, and a few minutes after he said he did not know who he was, and afterwards that it was a gentleman named Spinks in Fleet-street - the door is usually on the latch - there is an inner door that can be opened - the work is sold at 14s. a copy to the public - the difference between that and the published price is not 50 per cent. - they are worth more than 5l. - 25 per cent. is the difference between the two prices - the copies are perfect - the printer looked them over, and found fifty perfect copies - I did not see him count them.
JURY. Q. Are you sure the titles are there? A. Yes: they are here - they were packed up as complete, having come from the printer's - there is written on the paper "50 Woodlands."
GUILTY . Aged 29.* - Transported for Life .
GEORGE FAIRWEATHER . I live at No. 11, Princes-square, Ratcliff. On the 21st of December I was near Sparrow-corner, Minories - I felt a tug at my pocket - I turned round and caught hold of the prisoner, with my handkerchief in his hand, which he had taken out of my pocket, and was holding it behind his back; several persons were about - the policeman came up and took him - this is my handkerchief.
WILLIAM EVANS. I am a city officer, No. 60. I saw no part of the transaction - I came up to the prosecutor - I took the prisoner into custody, and have brought the property here.
GUILTY . Aged 10. - Recommended to mercy on account of his youth. - Transported for Seven Years to the prison ship .
JOHN BENTON. I am a carrier , and live in Christian-street, St. George's in the East. On the 19th of December, about one o'clock in the afternoon, I was in the Minories - my attention was called to the loss of my pocket-handkerchief, which a person produced to me - I was not conscious of it being taken - I had put it into my right hand pocket a few minutes before.
WILLIAM HOLLOWAY. I am a green-grocer, and live at Tower-dock. On the 19th of December I was in the Minories - I saw the prisoner take the handkerchief from the prosecutor's pocket, and throw it behind him - I secured him - a gentleman, who came out of a shop, took it up - the officer overtook us as we went to the station-house.
GUILTY . Aged 11. - Recommended to mercy on account of his youth - Transported for Seven Years - The prisoner has been in custody two or three times before.
MR. STAMMERS conducted the prosecution.
HENRY CARTER . I am a shopman to Mr. Cording, No. 38, Aldgate High-street, pawnbroker. On the 6th of November, the prisoner came to the shop and pawned a pair of trousers and a waistcoat, which I produce, for 6s - I did not know him before - I am certain of him.
JAMES HENRY PEEBLES . I am shopman to Mr. John Harris , of No. 121, Minories, a pawnbroker. The prisoner pawned a pair of trousers and a waistcoat at the shop, on the 11th of November, for 5s. - I am not certain it was the prisoner - I can't swear to him, but to the best of my belief it was him.
SAMUEL SOLOMONS . I am a slop seller , and live at No. 52, Minories . The prisoner was about four months in my employ - he came to me last June - he was only a porter - from information which I received, I had suspicion, and missed fifty waistcoats (looking at the goods produced by Carter) - I did not miss these till they were found - they are my property - I never sold them - the waistcoat is one of the fifty - and the trousers are part of my stock - the other things are mine, and part of what I missed - I did not miss the property all together - I did not examine the stock till this was discovered - the value of the trousers and waistcoat is 8s. 6d. - these are 6s. 6d. - and these waistcoats are 45s. a dozen - the value of all the things produced is about 18s.
SAMUEL SOLOMONS re-examined. These are mine; I cut them out myself - I have sold ten of them; but not this pair, six were sent to Worcester, and four to Ratcliffe Highway, and this one was left behind - I did not authorize him to pawn them.
JURY. Q. The prisoner came into your service in June? A. Yes - he has been with me about four months - he did not leave my service until I gave him in charge on the 11th of December - he was recommended to me by a woman who is in my employ now.
GUILTY . Aged 23.* - Transported for Fourteen Years .
JOHN KNIGHT was indicted for stealing on the 6th of December , 24 skins of leather, value 2l. , of Martin Blackmore .
JAMES PALLET . I am assistant to Mr. Blackmore, a leatherseller , and live at 56, Bread-street, Cheapside - on the evening of the 6th of December I was in my employer's warehouse, and caught a glimpse of a person going out of the door; I went to the street-door and saw two men going down the street with a dozen of leather under their arms, each had some skins of leather; I seized them both; they dropped the property, and in the struggle one of their hats fell off; he picked it up and ran away towards Cheapside; the other man ran towards Watling-street; I could not hold him; I pursued the one that ran towards Cheapside calling out "Stop thief;" he crossed into Milk-street, and I lost him; the prisoner was afterwards brought to me, I saw him at the Compter, and it occurred to me, that the one who ran towards Cheapside was the one whose hat fell off, and on taking his hat off, it was dirty, as if it had fallen; this was very little more than half an hour afterwards.
HENRY COCKERTON . I live at No. 6, Bread-street, and am employed at No. 63 - I heard the alarm of "Stop thief" between six and seven o'clock in the evening of the 6th of December; I rushed out at the door - a man passed me, who I instantly pursued - out premises are six or seven doors from Mr. Pallet's; I ran across Cheapside into Milk-street, down Mitre-court, Wood-street - Goldsmith's-street, into Gutter-lane, where the prisoner was stopped; I had only lost sight of him at the angle of Mitre-court, and overtook him again; I am certain the person who was stopped was the person I had followed all along - he passed my door, nobody was running before him - I assisted in bringing him to Mr. Blackmore's - I have no doubt he is the same man to the best of my knowledge - I have no doubt of him - the person I saw after he turned the angle was the same - it was instantaneously that I caught sight of him.
MARTIN BLACKMORE . I live at 56, Bread-street - I was in my counting-house on the 6th of December, between six and seven o'clock, and heard the alarm of "Stop thief;" I came to the front door, and observed some leather lying in the street - the street was dirty, and the leather was soiled - it is my property, the twenty-four skins are worth about 2l. - there is a hammer-mark on them by which I know them.
WILLIAM HENMAN . I am an officer - I took charge of the prisoner at Mr. Blackmore's - I observed the state of his clothes - they had what I considered to be leather-dust on them - they were soiled as a person would be who had carried leather; at the Compter I took his hat off in consequence of what Pallet said, and showed Pallet his hat, which was all over mud - he said, "That confirms my opinion, for his hat fell off;" he was asked if it was his own hat, and he said it was - it was quite wet, as if it had fallen in the road - it was a very muddy evening.
Prisoner. Q.Where did you ask me to own my hat when you had me in custody? - A. In the first place, I asked if it was your own in Mr. Blackmore's warehouse, and in the Compter again; and you acknowledged it was your hat; and you had it all over mud - I know nothing about your hat falling off; but after what I heard from Pallet, I took it off in the Compter, and held it to Pallet in the Compter - I saw the dust of the skins on your clothes in Mr. Blackmore's warehouse - I told you it was what I called leather-dust; but I understand it was the bark of the leather.
Prisoner to James Pallet . Q.Did you ask me to own my hat in your master's warehouse? - A. I know nothing of the hat in the warehouse - I was not present when the officer searched you - I did not hear him ask you to own your hat - nobody at the Compter that I know of asked you to own your hat - you did not own it at all - nobody asked you to own it, in my presence, in the Compter or the warehouse - I saw you in my master's warehouse - I saw a person go down the street with the skins.
COURT. Q.State what passed at the Compter? - A.When we got into the Compter, I took the prisoner's hat off, while the officer was untying his hands - without saying a word to any individual, I took it to the window, and examined it, and said, "Oh, that satisfies me;" which was all that passed - it was not very much soiled - it was all over mud - the prisoner made no observation about it that I recollect - no question was put to him about the hat in my hearing - I had not called the officer's attention to the state of the hat before I got to the Compter - it occurred to my own mind when I got to the Compter - I walked with the officer to the Compter - I walked behind him; not side by side - I did not remark on the hat till I got to the Compter.
Prisoner. When I was examined, the officer swore he saw the dirt of the skins on my coat, which is false - when I got up in the morning I had no more dirt than I had at night; and Pallet will prove it - my hat was only soiled with the sprinkling of rain.
JAMES PALLET re-examined. I was not in the warehouse when the examination took place - I was gone out to fetch another officer; and this officer came while I was gone - I cannot swear to the prisoner - his hat was soiled with mud, and not rain - the leather was Bazil, and the tan comes off very much.
JURY to MARTIN BLACKMORE . Q. Did you see the dust of the skin on the prisoner's clothes? - A. I took a candle and looked him over from head to foot, and found his clothes were covered with a sort of dust, which would come from leather, as I suppose it to be.
PETER MUNT. I am a constable of Aldgate Ward - I know the prisoner - I produce a certificate (which I got from Mr. Clark's office) of the prisoner's former conviction - I was present on the 8th of September, 1831, and saw him tried - he is the person mentioned in that certificate. (Read.)
Prisoner. I never saw that man in my life - when I came into court to-night, he pointed to another man as me - I said I was Knight.
PETER MUNT . I have not a doubt of him: he was in my custody - I went to Newgate to identify him - I did not point to anybody in court; nor did he speak to me: it was to another man - he was in my custody when committed; and I saw him at his trial - I have not a doubt of him - he was called to me by name in Newgate, to be identified.
H. COCKERTON re-examined. When I ran to the door on hearing the alarm, the prisoner brushed by me - it was sufficiently light for me to see him - I only lost sight of him at the angle of the court - he ran all the way, and was the only person running a-head of me - I was about five yards behind him - the conviction of my mind is, that he is the man I pursued - two men caught hold of him, before I got up to him, about the middle of Gutter-lane - the prosecutor's premises are about thirty yards from my door - I did not see him throw down the leather - he did not run a quarter of a mile.
NOT GUILTY .
NEW COURT. Thursday, January 2, 1834.
Fourth Middlesex Jury, before Mr. Common Sergeant.
196. EDWARD FABIAN SHIELD was indicted for stealing, on the 9th of October , 1 counterpane, value 5s.; 1 bolster, value 4s.; 1 blanket, value 2s.; and 1 towel, value 6d. , the goods of Sophia Louisa Lewis , to which indictment he pleaded GUILTY. Aged 18. - Judgment Respited .
197. MARIA WILLIS was indicted for stealing, on the 11th of September , 7 half-crowns, 8 shillings, and 2 sixpences, the property of John Seaman , from his person ; to which indictment he pleaded GUILTY . Aged 30. - Confined Eight Months .
198. WILLIAM WILSON was indicted for stealing, on the 12th of December , 3 sacks, value 1s. 6d. ; the property of Henry Dowland , to which indictment he pleaded GUILTY . Aged 12. - Whipped and discharged .
199. GEORGE DUFF was indicted for stealing, on the 18th of December , 4 half-crowns and 5 shillings , the property of James Joseph Olivine , to which indictment he pleaded GUILTY . Aged 18. - Transported for Seven Years .
200. THOMAS HOLMES was indicted for stealing, on the 10th of December , 1 watch, value 30s. , the property of John Carter , to which indictment he pleaded GUILTY . AGED 19. - Confined Eighteen Months .
202. PHILIP CAMPBELL was indicted for stealing, on the 28th of November , 1 jacket, value 10s.; 1 coat, value 20s.; and 3 waistcoats, value 6s., the property of Henry William Fisher ; - also for stealing 3 watches, value 7l., and two boxes, value 6d., the property of James Wildgoose ; - and for stealing, on the 23rd of December , 1 hat, value 10s.; 1 waistcoat, value 4s.; 1 frock and 2 boots, value 7s., the property of Benjamin Rolston ; - also for stealing 1 jacket, value 10s., the property of Henry Ferguson ; - and also for stealing, on the 10th of December , 8 shirts, value 20s.; 5 pair of trousers, value 5s.; 1 jacket, value 1s.; 1 pair of stockings, value 1s.; 1 bag, value 2s.; and 1 jar of jelly, value 1s.; the property of William Chapman Friend , being in certain vessels in the port of London , the same being a port of entry and discharge, to which indictments he pleaded GUILTY . AGED 21. - Transported for Fourteen Years .
203. THOMAS BROWN was indicted for stealing, on the 17th of December , 2 coats, value 15s.; 2 waistcoats, value 6s.; 1 pair of trousers, value 6s.; and 1 hat, value 3s. , the property of William Oakley , to which indictment he pleaded GUILTY . Aged 32. - Confined Four Days .
204. JOHN ATKINSON was indicted for stealing, on the 16th of December , 1 coat, value 50s., and 1 waistcoat, value 10s. , the property of Henry Yandall and another, to which indictment he pleaded GUILTY . Aged 25. - Confined Two Days , the prosecutors, in whose employ he had been, having engaged to continue him in their service.
MR. DOANE conducted the prosecution.
CAESAR ADAM MARCUS COUNT DE WINTS . I had occasion to remove some property last November - I employed the prisoner to take five trunks, containing clothes and linen, from No. 238, Oxford-street, to my solicitor, Mr. Gibbs, No. 42, Jermyn-street - I don't remember on what day it was - I went to Mr. Gibbs' in the evening, but they had not been taken there - when I saw the prisoner he said they were taken to Mr. Gibbs - he then said they were at Mr. Fisher's, in Park-lane - he then said they were in Fleet-street, in the City, and somebody had laid an attachment upon them - I did not go to any of these places, because he afterwards told me that they were at Oxford-street, that the weather had been so bad he could not take them away - when I took him into custody he said, "For God's sake don't do anything against me: I am a married man, and I am willing to give them up" - that they were in King-street, somewhere by Grosvenor-street - the officer found them there and took them away - I took the prisoner into custody - I got him through Piccadilly, and by Hyde Park he leaped over the bars, and ran away as hard as he could - I cried, "Stop thief," and a countryman stopped him - the prisoner said, "It is all a joke," but another man stopped him, and the officer took him - I have received the property, one of the trunks is here.
Cross-examined by MR. PHILLIPS. Q. How long had you known this man? A. I had known him before on the Continent for a short time - I had only met him two days before this in London - I had not been intimate with him - I employed him to remove my goods, as I had no servant but a man who minded my horse, and a girl - I had lent the prisoner 4l. or 5l. before - I am not in his debt, upon my oath - I gave the landlord a written notice to quit, and I sent 13l. odd shillings by the prisoner to pay the rent, which
MR. DOANE. Q.When you took him into the cab it was to prevent his escaping? A. Yes: he did not say a syllable about this claim of 17s. 6d. before he was in custody, and he had before that given me the different accounts of where the things were - I did not owe him this 17s. 6d., on the contrary, he owed me money - Mr. Clark's bill was not due, and had not been presented - I paid it when it was presented, and 10l. more - it was by the prisoner's representation that I kept away from my lodging.
COURT. Q. Do you swear that to the best of your belief nobody but the prisoner and your wife knew where you were? A. Yes: the prisoner said it was not safe that I should stop longer in my lodging - I had not employed the prisoner in any other transaction in London - he borrowed 5l. of me - I had not had any intimacy with him abroad.
Prisoner. You have most grossly perjured yourself: was it not agreed between you and I that the goods should be removed to Grosvenor-square in my name? Witness. No: Mr. Cobbett did not know my lodging - I gave you £4 or £5 at different times out of charity to you and your wife - you were not on the Continent on my father's business - you did not always dine with him - you were not detained in town on my business, seeking a lodging for me.
Prisoner. Q.Did I not tell you where they were? A. Yes: he was locked up for re-examination - I went to him and asked him where they were, and he told me without hesitation.
MR. PHILLIPS called
MR. WILLIAMS. I am landlord of the house No. 238, Oxford-street, where the Count lodged - I have an order in the Count's handwriting for the delivery of the goods.
Prisoner. Q.Did I not state to you that they were only going to Park-street? A. No: I did not know where they were going - the address of the witness is to this order - I delivered the goods to you, and you paid the rent - you slept there one night, but I believe that was after the Count was gone - Mr. Cobbett had a bed-room there which the Count paid for - I think the Count meant that Mr. Cobbett did not know where he lodged during the two days he was away from my house - when he lodged at my house he was known, and tradesmen were coming to him continually.
COURT. Q. Did the Count attempt to conceal himself? A.No: I received a large sum of money from him, and I knew he had sufficient property.
JURY. Q.Was the prisoner in the habit of dining there? A. He came backwards and forwards several times, and might have taken dinner with them.
COURT to the Prosecutor. Q.You say, nobody knew where you were; did you allude to those two days? A. Yes; I was at the Elephant and Castle; when I was in Oxford-street, every one knew where I was.
Prisoner. Q.What did I say to you? A.He said the things did not belong to him, but to a Count, who owed him a little money, and he felt himself justified in detaining the things until such time as the money was paid.
COURT. Q.What are you? A. A servant; I have been out of place about nine months.
The Prisoner in his defence stated, that he had been put
Prosecutor. No; I told you whether it rained or not to take away my luggage, that I might not begin a fresh week.
Prisoner. I live on a small annuity, derived from my wife, about sixty guineas a year - I went to the Continent purposely on business for the Count's father, and was with him three months at Antwerp.
Prosecutor. My father is at Paris, the prisoner could not live with him, that I will swear.
COURT. Q.What was the value of the property in your trunks? A.About £300 - the prisoner knew what was in them.
GUILTY . Aged 37. - Recommended to mercy by Jury believing it to be his first offence - Confined Eighteen Months .
Third Middlesex Jury, before Mr. Common Sergeant.
JOHN HILL . I live in Welbeck-street. On the 2nd of November, I was going through Broad-street, St. Giles's - I received some information - turned and missed my handkerchief - I followed the person who was in pursuit of the prisoner - I saw the prisoner drop the handkerchief, which was picked up and given to me - it was my property - I know I had had it safe within an hour.
RICHARD PEARCE (police-constable, E. 115) I was in Charlotte-street, St. Giles's - I saw the prisoner running - I stopped him at the end of Church-lane - he said he had done nothing - I took him to the station-house, and detained him till Mr. Hill came - he said he could not help it, his mother was so poor.
JAMES SANDS . I was walking along, I saw the prisoner close behind the prosecutor - he was holding his pocket with one hand, and I concluded he was going to rob him - I hastened to prevent him, but before I got to Mr. Hill the prisoner ran off with the handkerchief.
Prisoner. He stated in his deposition that he saw me put my left hand into his pocket and take the handkerchief out. Witness. No: I only saw him holding the pocket, and then run off with the handkerchief - I could not see the prisoner's left hand, as I was going to meet Mr. Hill.
Property produced and sworn to.
GUILTY . Aged 18. - Transported for Seven Years .
MATILDA ENGLEY . I am the daughter of Richard Engley - he keeps the Castle public-house in the City-road - on the 8th of November, about a quarter past eleven o'clock in the evening, the prisoner and two other persons drove up to the house in a cab - I am quite sure the prisoner was one - they all came into the house and had a glass of brandy each, which was paid for by the gentleman who hired the cab - he gave me 2s., and I gave him 6d. change - Mr. Ashman had left his great coat on an ale-barrel in front of the bar, and it was there when those persons came in - when they had drank their brandy, the prisoner winked to one of the persons who came in with him - the prisoner then turned his back to me, and the other took the coat off the barrel - the one who took it then said, "I am off" - the prisoner said, "I am off too;" and they both went out - I ran round the counter and told the other man that he had taken the coat off the barrel, but he jumped up into the cab, and the prisoner was in the act of getting in; I caught hold of the prisoner's coat, but it slipped through my hand, he jumped up so quick, and they drove off - I called "Stop thief," and Mr. Ashman, hearing the cry, ran up - the policeman stopped the cab, it was a common cab, and the prisoner drove it.
Cross-examined by MR. STAMMERS. Q. The prisoner was the cab-driver? A. Yes. I did not know the other two men - I knew the prisoner by his coming there of a night; it was the other man took the coat and went out, and the prisoner followed him - I had seen persons wink before - I have often heard persons say, when they were going, "I am off."
Q.You say the prisoner turned his back to you, now be very careful, did he wink before he turned his back? A. Yes. I never said that he first turned his back - I did not tell the magistrate that he first turned his back and then winked - I have no doubt that the prisoner got into the cab.
COURT. Q. Did the prisoner hear you charge the man with taking the coat, and call "Stop thief?" - A. Yes; they made no answer, but drove off.
CHARLES ASHMAN . On the 8th of November I was at this public-house - I had left my coat on the ale-barrel, opposite the bar, about ten minutes or quarter past eleven, while I went down with the landlord to the ale-cellar - I told the witness to look after the coat; while I was down I heard a noise, and came up, and the coat was gone - I pursued the cab; when I got up to it, the policeman was just at the horse's head; the prisoner made use of some bad words, and said, "You may search the cab" - I searched, but the coat was not there - I have not seen it since - I heard theJoseph Mason .
Cross-examined. Q.How far had the cab got before you stopped it? A. I suppose one hundred yards; it had not stopped till I stopped it - I can't tell whether there had been time for any one to jump out - I suppose the cab had not been half a minute in running the hundred yards; it drove at a pretty good pace - I saw no other man in the road - I heard the witness state that the other man got into the cab, but I saw no man - the policeman was at the head of the horse, but we were so close together that I can hardly tell who stopped the cab - the prisoner did not pull up; there was a cry of "Stop thief."
Q.Will you swear that the prisoner did not himself pull up? A. I was at the back of the cab; I could not see his hands - I will not swear that he did not pull up.
JOSEPH WEED (police-constable G 114). I was on duty in Castle-street - I heard the cry of "Stop thief," about a quarter past eleven o'clock - I came in front of the cab, which I saw coming down - the moment I arrived at the horse's head, the prisoner, who drove it, pulled up; and before I knew what the charge was, he said, "I have not got the coat; search the cab;" Mr. Ashman and Engley came up; they had pursued the cab from the house - in consequence of me and my brother-officer coming up, I rather think the prisoner pulled up in a measure, but not sufficient to stop the horse - there was no man in it but the prisoner; it had got seventy or eighty yards, or more, from the house; the night was dark, and another man might have got out in the dark part of the street.
Cross-examined. Q. I suppose if two men got into the cab at the public-house, and only one was in it when you stopped it, it is a direct inference that the other man must have jumped out? A. He was seen to jump out, but not by me - I searched the cab, but the coat was not in it; the prisoner stated the truth when he said he had not got it - I believe the prisoner pulled up, for the horse slackened his pace.
GUILTY . Aged 18. - Transported for Seven Years .
HENRY RUTT . I am a cork manufacturer, and live in the Old Jewry; I am in correspondence with Mr. Evers, of York - he informed me that a parcel would come from Mr. Blackwell, and I was to pay the amount of the bill; on the evening of the 30th of November the prisoner, to the best of my belief, brought a box and a parcel - he brought a bill of 1l. 14s., I paid him, and he wrote the receipt in the name of James Williams .
JOHN HEATHER . I live at No. 3, Bedford-court, Covent-garden - I am a surgeon's instrument-maker - I carry on business under the name of Blackwell, as a person of that name formerly carried it on - the prisoner was in my employ on the 30th of November - I made up the articles, and my wife sent the prisoner with them - they were for Mr. Evers, of York, but they were to go to Mr. Rutt's - I gave him the bill, which was 1l. 14s. - it was on Saturday he was sent, and on the Monday I saw him again - I asked if the bill had been paid - he said it had not - I said, a person had called and stated that it had been paid, and he must explain it when he returned from dinner; he went to dinner, but did not return - I believe the receipt is his writing.
JOHN HENWICKS (police-constable R 143). I took the prisoner at Greenwich on the 4th of December, he was coming from Woolwich - I saw he had something bulky in his pocket, and I stopped him on suspicion - I found on him some combs and other articles belonging to the prosecutor.
Prisoner's Defence. I delivered the parcel and received the money - I then went on other business - I met a person who induced me to have something to drink - I spent 1s. 9d. of the money, and as I could not make it up, I said I had not received it - I parted with my clothes to make it up afterwards.
GUILTY . Aged 20. - Recommended to mercy by the prosecutor, who stated he would employ him again.
Fined One Shilling and Discharged .
JOHN RYDER BARRAS. I am a tobacconist , and live in Broad-street, Bloomsbury - the prisoner was my errand-boy - I watched him on the 21st of October, 1832 - I saw him coming through my warehouse with his pockets very full - I stopped him going out at the door, and said, I wished to know what he had in his pockets - I made him take out five pounds ten ounces of tobacco - he escaped from the officer in going to the station-house at that time - the tobacco he pulled out was similar to what I had in my warehouse - it was at the station for three or four months, and was then spoiled - the prisoner had to go into the warehouse for water.
JAMES WHITAKER (police-constable E 109). I took the prisoner into custody, but I had not got hold of him, and he escaped from me - I raised a cry, and there were a great crowd of persons, it being Sunday morning - they stopped me and let him go - it was in St. Giles's.
GUILTY . Aged 19. - Confined Six Months .
JOHN PLANE . I am a blind and cabinet-maker , and live in Hackney-road , in the parish of Shoreditch - I lost a plane, a saw, and a square, on the 6th of December, while I was out - I left my boy to mind my shop - these are my property, and are worth 10s. - I had seen them safe that morning, and when I returned about five o'clock they were then missing.
GEORGE KEMP (police-constable N 82). On the 6th of December, between one and two o'clock, I saw the prisoner in company with another person lurking about the shop - I watched them, and saw the prisoner go into the shop, and come out with the things - I took him with them.
JAMES WALTON . I saw the policeman running and seize the prisoner - he brought him back, and I assisted in taking him.
WILLIAM EDWARD OSBORNE . I am the prosecutor's nephew - I was in the shop making a money-box - I laid down the tools to go into the yard, and when I returned the tools were gone - Mr. Kemp brought the tools and the prisoner back.
Prisoner's Defence. I had been out of work five or six months - I went into the shop to get work, and as no one was there, I took the tools to get victuals.
GUILTY . Aged 19. - Recommended to mercy by the Prosecutor and Jury. - Confined Two Months .
JAMES LANCASTER . I was passing Mr. Clark's shop in High Holborn , on the 19th of December - there were cloths hanging at the door - I saw the prisoner in the act of cutting one of them - I believe with a knife - I forced him into the shop.
JOHN CLARK . I was in the shop - I had some cloths outside my door for sale - I missed about a yard and a half from one of them, but I cannot tell when it had been cut; and a piece had been begun to be cut off another cloth - the one that was taken away might have been taken by another person, but I charge the prisoner with the one that was not taken away.
NOT GUILTY .
FRANCES ROSS . I live in Plough-court, Barbican, and am a pew-opener - I was cleaning the church on the 6th of December, and hung my shawl over one of the pews - I saw the prisoner come in and go into one of the front pews in the gallery - I said she had no business there - she said she did not know she had done any harm - she had a little boy with her - after some time she went down, and Brophy missed her shawl, and I missed mine - I went and found where the prisoner lived, and asked her for my shawl - she said she had not seen them, but I found where they were.
MARTHA BROPHY . I was assisting Ross on that day - I put my shawl over a pew in the gallery - I saw the prisoner come in - I told her we were only cleaning the church for Sunday - she said she came to look for her husband - I afterwards missed my shawl - this is it.
The prisoner delivered in a petition for a lenient sentence.
GUILTY . Aged 35.
Recommended to mercy by the Jury. - Confined One Month .
Fourth Middlesex Jury, before Mr. Common Sergeant.
SARAH FARRANCE . I am servant to Mr. Sharkley, of Stoney-street, Borough - I have known the prisoner some time - on the night of 19th December he came to me, and said, "Sarah, I have been a long time finding you out - your mother was coming to town this morning, and got knocked down, her things pulled about, and all her money taken from her; and she would be glad if you would send her your cloak to wrap her in" - I gave him my cloak, and went with him to my aunt's, where he said my mother was, which is in Phoenix-street - when we got near the place he left me - I went there, but my mother was not there - the prisoner lives there - he is a relation of mine.
DENNIS REGAN (police-constable H 22). I saw the prisoner coming along Shoreditch with a bundle - I asked what he had got? - he said, a cloak; and he gave me this.
Prisoner's Defence (written). On the 19th of December last, I received the cloak in question from Sarah Farrance , with the avowed intention of taking it to my own residence in Phoenix-street, Spitalfields - she gave the cloak into my hands, and accompanied me from her residence near the Borough Market - we proceeded together until I lost sight of her near Petticoat-lane - I then continued alone towards home, when, meeting a person I knew, he asked me to drink; and while I was speaking to him, near Webb-square, Spitalfields, a police-constable came up, and took us both into custody on his own suspicion, without any previous charge being given for that purpose - the other party was discharged - I solemnly deny having any intention of disposing of the cloak in any way, or of converting it to my own use, but merely to take it home, as at first stated; and I avow I was innocent of any fraudulent design.
GUILTY . Aged 20. - Recommended to mercy by the Jury. - Confined Two Days .
ANN BAILEY . I am the wife of William Bailey - I was going home on 16th December, with the bed-ticks tied up in a bundle in my hand - I was taking them from my master, Mr. Johnson, in Bishopsgate-street, to my husband in Goodman's-yard, Minories - they were for me to make - I was scraping my shoes at my door, and a man came and said, "Which is No. 2?" - I said next door but one - he went as if to go there; but he returned and took my bundle off my arm - I could not tell who he was; but he had a fustian dress on - I followed him as well as I could, and called, "Stop thief" - the prisoner was afterwards taken.
Cross-examined by MR. HEATON. Q.What age are you? - A.Sixty-eight - my sight is not very good - I only saw the person when he asked me for No. 2, and when he came back and took my bundle - I know he had a fustian dress on, as he crossed two or three yards from me; and it was pretty light there - I had never seen him before.
Cross-examined. Was there any light near you? - Yes, from the coal-shed, and from the gas-lamp - I had but a moment to observe the prisoner in, and would not swear he is the man - the court I was in is the next to Mr. Bailey's.
SAMUEL TAYLOR (police-constable H 83). I was on duty at the end of Swan-street, and saw the prisoner running from that court, and some persons after him - I stopped him - he said, "Let me go, he has run up the street;" I took him back to Sugar-loaf-court, and asked what was the matter - they said a woman had been robbed of a bundle - and Godfrey said the prisoner was the man - he said, "You cannot swear to me;" she said, "I can, by your dress;" he had a fustian coatee on.
Cross-examined. Q.Were there not a great many people running? A. There might be a dozen, but chiefly women and lads: there might be one or two men - the prisoner was the first who was running - I had been about a minute at the corner, no person could have run past for the space of two minutes without my seeing them; the prisoner said he was not the man; the prosecutrix said she would not give charge of him if I would give her her property; I did not press her to give charge, nor did I threaten to take her.
Prisoner's Defence. I was going to Well-street - there was a cry of "Stop thief," and the officer took me - the woman said, "As I have got my bundle, let him go;" but the officer said, "If you don't give charge of him, I will take you."
ANN BAILEY. He did not threaten to take me that I know of.
Property produced and sworn to.
GUILTY . Aged 20. - Recommended to mercy by the Jury. - Confined Eight Months .
217. MARY ANN HATCH was indicted for stealing, on the 21st of November , 1 gown, value 5s.; 1 shift, value 8d.; 1 night-gown, value 4d.; 1 night-cap, value 2d.; 1 handkerchief, value 2d.; 1 quilt, value 5s.; 1 rug, value 5s.; 1 sheet, value 1s.; 1 purse, value 1d.; and 1 apron, value 3d. ; the goods of Mary Clay , to which she pleaded GUILTY . Aged 18. - Confined Six Months .
218. LYDIA MYSON was indicted for stealing, on the 22nd of October , 2 coats, value 1l.; 1 gown, value 2s.; 1 skirt, value 3s.; 1 shawl, value 1s.; 2 bed-gowns, value 1s.; 1 blanket, value 1s.; 1 frock, value 6d.; and 2 handkerchiefs, value 1s.; the goods of Robert Oldham , her master .
ANN OLDHAM . I am the wife of Robert Oldham ; the prisoner came to live with me last Monday ten weeks - I forget the day of the month; she left on the Tuesday evening; she had been hired by the week, but only stopped one day and part of the next - she went without notice - she was down stairs minding my child - she put the child on the bed, and went away with the property stated, and I did not see her again till she was in custody.
JOSHUA HARCOMB (police-constable H 56). I heard of the robbery, and was looking after the prisoner - I heard she was at the tread-mill - I went there on the 4th of December, and took her - I asked if she knew that I was waiting for her - she said yes, and she was very glad of it; she had done it on purpose, as her father used her so very ill - she told me where the property was pawned - I went there with the prosecutor and found it.
WILLIAM HERBERT. I am apprentice to a pawnbroker, in Kingsland-road; this property was pawned there- I cannot say by whom.
Property produced and sworn to.
Prisoner. I am very sorry I did it.
GUILTY . Aged 16. - Transported for Fourteen Years .
There was another indictment against the prisoner.
219. ELIZA HANCOCK was indicted for stealing, on the 24th of December , 1 box, value 1s. 6d.; 1 ring, value 7s.; 1 coral, value 3s.; 1 seal, value 2s.; 1 candlestick, value 6d.; 2 table-cloths, value 4s.; 4 caps, value 5s.; 1 shirt, value 1s.; 6 stockings, value 3s.; 2 shoe-brushes, value 6d.; 1 petticoat, value 1s.; 1 cloak, value 15s.; 1 handkerchief, value 2s.; 2 gowns, value 7s.; and 1 shift, value 1s. 6d. , the goods of James Shelson .
SARAH SHELSON. I am the wife of James Shelson - he is at sea - I keep a little shop in Wellington-square, Back-road , and sell second-hand clothes - the prisoner lived two doors from me, and took in ironing - on the 24th of December she came six times to my shop to buy a pair of shoes, and took away two gowns; and on Christmas-eve she took my cloak, table-cloth, and other things - I had missed the cloak, but had no idea it was the prisoner; but I found her in the yard, and asked her if she had taken it - she said, "Yes;" I took her, and found the duplicates of this property in her pocket and at her lodging.
EDWARD KENNEDY (police-constable K 228). I took the prisoner and found the property.
Prisoner's Defence. I was in distress.
GUILTY . Aged 23.
ELIZABETH PENGELLY . - I am the wife of John Pengelly - the prisoner had a ready-furnished room at my house- her husband did not live with her, but I have seen him come to the door - I know they were married, as I know her bridesmaid - but I know her husband has ill used her very much - he is a coal-whipper - she paid me very regularly till she was confined, and then she could not, but she said she would when she got up - when she had left me I missed the two blankets - she got her living by a little ironing - I would not wish for a better lodger.
GUILTY . Aged 23.
Recommended to mercy by the Prosecutor and Jury, believing her husband had caused her to commit the offence.
Confined Six Weeks .
JAMES INGRAM HUNTINGTON . I live in Union-street , in the Borough - I had a truck on the 2d of December, and Hunniburn came and asked for the use of it about ten o'clock in the morning - I had seen him in the shop before, but had not spoken to him - he asked me to let it him for about three hours - I told him I would not let it to strangers, and asked where he came from - he said from No. 44, opposite - I said, "Very well, I recollect your face, you can have it" - he had it, and went away - there was no bargain made about the price of it - about four o'clock in the afternoon I asked my wife if he was come back - she said he was not- I did not see him again for more than a week - I found the truck in Phoenix-street station-house, Somers Town- the name had been scratched out, and a little bit of the copse cut off - I knew it to be mine - Penfold is a brother of the man at whose house Hunniburn lodged, and he said if he could find him he would let me know.
Hunniburn. Q. When I came to hire it, did I not tell you it was for Preston? A. I don't recollect that - I don't recollect your having hired it before.
GEORGE TREWIN. I am a broker, and live in Weston-place, King's Cross - between twelve and one o'clock, on the 2nd of December, Hunniburn brought the truck to my door, and asked if I wanted to buy it - I said, "No, not exactly" - I looked at it, and asked what he wanted for it - he said,"2l. 5s." - I said, "I don't want the truck, but I will give you 1l. for it" - he said, "I will take it, and stand a drop of gin" - I said, "I don't think you came by it right" - he said, "Yes, I did," and laughed - I sent to the police station, and he was taken.
WILLIAM TREWIN. I was at work in my brother's shop, and while he was bargaining for the truck, Penfold said,"Say 25s., and a drop of gin, that is little enough."
WILLIAM SMITH TAYLOR (police-constable S 82). I was on duty, and took Hunniburn - he said the truck belonged to him, but he had rubbed the name out because he was going to sell it - I said I thought it would have looked better with the name on - he said he supposed he could do as he liked with his own property - I found on him a pepperbox and saltcellar.
Hunniburn. Q. Where did you take me to? A. To the station-house - you took hold of the truck, and said you would take it to the station-house, and I said very well - you could not have got away.
Q.Had I not been to you before, and told you the man would not give me the truck, and ask you to go with me to get it? A. No: I had not seen you.
ALGRRNON SMITH. I took Penfold - he said that Hunniburn had hired him to move some goods, and had taken him with the truck to King's Cross; and then Hunniburn said he would rub the b-y name out, that he took it to the broker, and there was some dispute, and he went off.
Hunniburn's Defence. I went to move some goods - we left the truck at the broker's, and he would not let me have it again - I got the officer to get it away; and then he said that I should go to the station-house - there was no name on the truck at all - the prosecutor said, before the magistrate, that he had not seen the truck the whole day before - I did not intend to defraud him, nor was it offered for sale; if it had, it would not have been left there for two hours, as it was - the reason this broker appears is because some parties stole some lead and a copper, and it was sold to him, and I have often threatened him with it.
COURT to G. TREWIN. Q. Did you ever have a charge against you about buying a copper and lead? A.No; and I knew nothing of this prisoner till he offered the truck to sell; and he had before offered it at another broker's.
HUNNIBURN - GUILTY . Aged 32. - Transported for Seven Years .
PENFOLD - NOT GUILTY .
HENRY ORWIN. I was near the Artillery-ground , on the 15th of December, about eight o'clock in the evening - the officer asked me if I had been robbed, and I missed my handkerchief from my pocket - this is it.
BENJAMIN COLLINS (police-constable G 217). I saw the prisoner follow the prosecutor about two hundred yards - he then took up the tail of his coat, and took the handkerchief, and ran across the road - I pursued him, and took hold of the tail of his coat - he got from me, and ran down Castle-street - I called, "Stop thief," and my brother officer took him - he dropped this handkerchief.
GUILTY . Aged 19. - Confined Three Months .
JOHN SHEARMAN . I am a linen-draper , and live in Chiswell-street - on the 3rd of December the prisoners were brought into my shop by an officer and a gentleman who had detected them in taking these handkerchiefs from the door - I then missed them from the place where I had seen them half an hour before.
WILLIAM FOX. I am a warehouseman - I first saw the prisoners standing all together at a door in Sun-street - I thought they did not look like buyers; and presently I saw
THOMAS BAKEWELL BARKER. I received information from Mr. Fox - I saw the prisoners go to the prosecutor's; and Gilby pulled down these handkerchiefs, and was concealing them under her shawl - the others stood one on each side of her - I took her, and gave her to Mr. Fox, while I took the other two.
GILBY - GUILTY . Aged 17.
CHAPMAN - GUILTY . Aged 19.
ATTFIELD - GUILTY . Aged 17.
Transported for Seven Years .
WILLIAM FOX. I saw the prisoners standing at the prosecutor's door, looking at the goods - I asked if he had lost anything; and he had.
JOHN PLATFORD . I am a linen-draper , and live in Crown-street - this is my property - I had put it at the door in the morning - I was told of it in the evening, and then missed it - I had seen the prisoners at the door.
GILBY - GUILTY . Aged 17.
CHAPMAN - GUILTY . Aged 19.
ATTFIELD - GUILTY . Aged 17.
Transported for Seven Years, to commence from the expiration of their former sentence .
There was another indictment against Chapman.
RICHARD SMITH . I am a chimney-sweeper - on the 8th of December I was in the White Hart - I had a bundle containing this sack and patch-work - the prisoner came in with two women - I went out; and when I returned I missed my bundle - the officer found it under the seat.
HENRY LOCKWOOD (police-constable K 140). I was on duty, and saw the prisoner pick up the bundle while the prosecutor stepped out - he walked into the tap-room with it.
Cross-examined by MR. STAMMERS. Q.Was not the bundle on the ground? - A. Yes; any one who passed might have thought it had dropped.
Cross-examined. How many persons were there? - Three or four - the bundle was under the seat on which the prisoner and two women were sitting.
NOT GUILTY .
WILLIAM GARDENER . On Sunday, the 8th December, I was with John Coppick; and we went to the Blue-coat-boy at Islington, at half-past eleven at night - I was not drunk - we had one quartern of gin there - we stopped four or five minutes - we were then going on - I then saw the prisoner; but I had not noticed him in the house - he told my friend he would see the old gentleman home - he laid hold of my arm, and we walked down St. John-street-road - I said he was welcome to part of my umbrella, as it rained; and I walked in the middle - when we got opposite Owens-row, the prisoner drew my watch out of my fob, and ran off - I said to my friend, "I have lost my watch;" and I pursued and overtook the prisoner forty or fifty yards off - I asked him for my watch two or three times - he said he had not got it - I called the officer, and then the prisoner put the watch into my hand.
JOHN COPPICK. I was with the prosecutor - I can corroborate what he has said - I knew nothing of the transaction till he said he had lost his watch - he dropped his umbrella, and pursued, and took the prisoner - the prisoner denied having the watch till the officer came up, and then he gave it to the prosecutor.
GUILTY . Aged 26. - Transported for Seven Years .
HARRIETT SALTER. I am a widow - these sugar-tongs are mine - they were in a cupboard in the room I lodged in, in Derby-street - the room was then to let - the prisoner knocked on 18th December, and asked to look at the room - he came up stairs with the landlady - the prisoner said he liked the room; but there was a cupboard in it which he should like to have removed, to put some shelves up - he opened the cupboard-door and looked in; and I saw through the crack that he put his hand on something in the cupboard - he said he was afraid the cupboard was not deep enough; but he would send his mistress to look at it - I saw him put his hand to his pocket, and he went down - I went to the cupboard and missed the tongs - I called to the landlady to stop him, as I had been robbed of a pair of sugar-tongs - the prisoner said, "Nonsense; they are there;" and he ran up to my room again, and was going to the cupboard - I said, "Give me leave to go to my own cupboard" - I opened the door, and said, "You see they are
WILLIAM BARTLETT (police-constable C 149). I took the prisoner.
GUILTY . Aged 38. Transported for Seven Years .
228. WILLIAM DAVIS was indicted for stealing, on the 25th of December , 3 shirts, value 2s.; 1 shift, value 6d.; 1 pair of drawers, value 6d.; 1 bed-gown, value 3d.; and 1 napkin, value 1d. , the goods of Matthew Crosby .
WILLIAM BUTLER (police-constable K 48.) I stopped the prisoner in Back-lane, 25th December, at six o'clock in the morning - he had a bag - I asked what he had there? - he said, a few old rags he had picked up in Wapping - I took it under a lamp, and found these articles, which were wet, and two pieces of carpet over them.
ELIZABETH CROSBY. I am wife of Matthew Crosby - we live in Gravel-lane - these are my property - I saw them safe at ten o'clock on Christmas-eve in our yard - I know the prisoner has been about the neighbourhood, and I believe he has no one to protect him; but he had no right to this property.
GUILTY . Aged 15. Transported for Seven Years .
229. MARY DONOVAN was indicted on for stealing, the 10th of December , 1 piece of handkerchiefs, containing in number 18 handkerchiefs, value 13s., the goods of William Sharman , and that she had been before convicted of felony .
WILLIAM SHARMAN . I am a linen-draper , and live in Chiswell-street . On the 10th of December, about seven o'clock in the evening, I was behind my counter - I saw the prisoner walk in, pull down these handkerchiefs, put them under her shawl, and walk away; they had been about five feet within the shop - I pursued, brought her back, and gave her to the officer.
JOHN ROWLAND. I was going to the shop, and saw the prisoner pull down the handkerchiefs, and put them under her shawl - Mr. Sharman brought her back and took them from her.
RICHARD HUNT. I produce a certificate of the prisoner's conviction, which I got at Mr. Clark's office - I know she is the person (read).
GUILTY . Aged 36 - Transported for Seven Years .
The witnesses did not appear.
NOT GUILTY .
NOT GUILTY .
JOHN LANGHAM . I am the driver of a Hampstead stage-coach - I was standing against the Blue Posts, in Tottenham-court-road , on the 17th of December - I saw the horse-cloth go from the horse's back - I got down and saw the prisoner and another boy running away - I stopped the prisoner with the cloth under his arm, and gave him to the officer - this cloth is the property of James Nunn and another.
GUILTY. Aged 13. - Judgment respited .
ANN SIMMONS . I am the daughter of Elizabeth Brick - she is a widow and very infirm - she is now in the country with me, but this property was taken from No. 6, Kemps-place, Paddington - I took the lodging there for her - the prisoner lodged in the same house - I went to see my mother, and asked if she would go into the country with me, which she did - she locked her door when she went out, and I know the property stated was locked up in her drawer in the room - she was in the country six or seven months before we discovered the loss, which was between February and April last - I did not then know the prisoner lodged in that house, but my son came to town, and he found the drawer broken open.
SIMMONS. I am husband of this witness - I went to the room the day after the property was missed which was in April - I had seen the property there in the middle of December - it has been found at the different pawnbrokers.
ESTHER DORSETT . I kept the house at the time; the prisoner lodged in the one pair back-room - I cannot tell when she left, but it was just before the young man found the drawer open - the prisoner sometimes went out to wash- her husband works for Mr. Gower.
THOMAS MARCHANT . I am a pawnbroker. I have a gown, bed-gown, petticoat, and stays - I don't know who pawned them - one of the articles is in the name of Bolton, and I know the prisoner had pawned in that name.
THOMAS PLATT. I am a pawnbroker - I have two gowns, a petticoat, and scarf - I did not take them in.
RICHARD WILCOX FAIRLAM. I am a pawnbroker - I have a scarf which was taken in by a young man who has left me.
JOHN MATTHEWS . I am a pawnbroker - I have two gowns - I cannot tell who pawned them.
NOT GUILTY .
OLD COURT. Friday, January 3, 1834.
Second Middlesex Jury, before Mr. Serjeant Arabin.
JOHN ABEL and WILLIAM COLEFAX were indicted for feloniously breaking and entering the dwelling-house of William Storton , on the 28th of November , at Paddington, and stealing therein 15 yards of linen, value 15s., and 10 yards of diaper, value 6s., his property .
MARIA STORTON . I am the wife of William Storton - we live at Bayswater , in the parish of Paddington - on Thursday, the 28th of November, about six o'clock in the evening, I found the shop-window broken - we are haberdashers - we were waiting in the room adjoining the shop, and heard a noise at the window - I and my father immediately run out - I ran to the window, and missed two pieces of linen and a piece of diaper; and another piece was half out of the window - my father ran to the door, but I saw nobody myself - I am sure the glass was perfectly safe before I heard the window crash - five prisoners were taken that evening - Abel was taken up that night, about ten or eleven o'clock - Colefax was afterwards taken for a robbery at Kensington - I knew neither of them before.
RICHARD SHEPHARD . I am the father of Maria Storton - I was sitting in the room near the shop, and heard a great noise at the window - I stepped out as quick as I could, and two chaps ran away - I could not run hard enough to catch them - I only saw two - I went over to the police office to get an officer - I could not notice the man.
RICHARD HALL. I am servant to Mr. Till, a pawnbroker, of St. Alban's-place, Edgware-road - I have a piece of linen, which was pawned for 3s. in the name of James Room , by the prisoner Abel, on the 28th of November, between half-past and a quarter to eight o'clock.
FRANCIS GOUGH . I am a policeman - on the 4th of December I had occasion to apprehend Colefax, and on his person I found a duplicate - I had heard of this robbery, and took the prosecutrix to the pawnbrokers, who identified the linen that was pawned to be her property - it was at Mr. Till's, St. Alban's-place, Edgware-road.
RICHARD HALL re-examined. That duplicate refers to the linen I produced.
Cross-examined by MR. WALESBY. Q.What is the duplicate for? A. A piece of linen pawned for 3s. - it was not written by myself, but by a lad who is in our shop - he is not here, but I took the linen in myself, and can swear it is the ticket I saw him make, and I pinned it on the linen.
EDWARD JAMES LEVY (policeman). I had information that Abel was wanted, and apprehended him in Black-lion-lane - I told him I wanted him for felony - he said, "Very well," and walked a few yards with me; then said, "I have been had a few hours ago by a policeman, and am now going home, being discharged" - I found his statement false.
MRS. STORTON. This is our linen.
Abel's Defence. The pawnbroker told the magistrate he did not take the linen in, but his fellow-servant did; and he could not swear to the person.
MARY WILLETT. I am married - my husband is a bricklayer, and lives at Kensington - I know the prisoner Colefax - I was present some weeks ago when he bought some cloth - it was fine linen cloth, very good - about a fortnight after he bought it, he took it out to pledge - I did not see him pledge it, I saw him take it out of the house - he was going to pawn it to get some money to go to market with- he bore a very good character indeed - he lives in Pell-street with his parents - he has lived there fourteen years- I never heard anything against him.
COURT. Q.What is he? A. He goes to Portman-market, and Covent Garden - he goes about the street, selling fruit - he does not keep a donkey - he sells fruit, or fish, in a basket - I know he bought the cloth at the door of a hawker - it was a remnant - he paid 7s. for it - there was about five yards - I don't know whether that is the linen - I should not like to swear to it - this is the colour of the linen - it was bleached, and was white.
John Orchard, of Grafton-court, Marylebone, and Mary Topping, of Kensington, gave the prisoner, Colefax, a good character.
Abel. I was taken to Marylebone Office on the night of the robbery, and was discharged that very night, and afterwards taken again.
ABEL. GUILTY . - Aged 18 - Transported for Life .
COLEFAX. NOT GUILTY .
Before Mr. Justice Gaselee.
235. JOHN BARRETT was indicted for feloniously breaking and entering the dwelling-house of Robert Melville Grindlay , on the 1st of January , at St. Marylebone, and stealing therein 1 watch, value 10l.; 1 watch-chain, value 1l.; 1 seal, value 1l.; 1 purse, value 2d; 1 pencil-case, value 1s.; 1 nail-clipper, value 5s.; 2 pocket-books, value 1s.; 5 handkerchiefs, value 20s.; 1 ring, value 5s.; 9 keys, value 1s.; 2 sovereigns, 1 half-crown, 11 shillings, and 2 £5 bank notes, his property ; against the Statute.
CAPTAIN ROBERT MELVILLE GRINDLAY . I live at No. 35, North Bank, Regent's Park , in the parish of St. Marylebone - last Wednesday, between three and four o'clock in the morning, I was awoke by a noise - I got up and went to the bed-room door, where I found a pair of men's shoes outside the door, and at the door of the next room, which is my dressing room, I found a large clothes-bag, filled with a variety of clothes taken from the wardrobe - I immediately rang the bell to call up my servant from below - a female servant at the same time came out of the bed-room adjoining - I rang the bell for my man-servant - he came from the room below, undressed - I told him I had heard the noise, and suspected somebody was in the house; I desired him to slip something on and make a search; a very short time elapsed before we had both clothed ourselves, and were in the course of proceeding to examine the house, when we heard the outer bell ring, and the noise of persons endeavouring to alarm us; it proved to be the policemen - we then went down below into the kitchen, and found the door open which leads into the yard, and from thence into the front garden, and to the garden-gate - by the time
Cross-examined by MR. STAMMERS. Q.Are you a military man or a naval officer? A. A military man, belonging to the East India Company's service - I am married - Mrs. Grindlay was at this time indisposed, and I slept in a spare bed-room - nobody slept in it besides myself - there are two bed-rooms adjoining my room - I have three female servants - the female servant came from the room immediately adjoining.
Q. Is there a door besides the outer door between your room and your servant's room? A. No; as far as I can describe to you, there is only one door to each room, and they are close together, so that persons cannot come out of both doors together without coming in contact with each other - there is only one door to each room - they open close together - the female servant came out of the door immediately next to mine - her name is Elizabeth Sherold , or something like it - I have a female-servant named Kellet- she sleeps in the same room with Sherold and the housekeeper, three of them together - Kellet was in my service at the time the prisoner was - I am not aware that the prisoner was courting Kellet - I know nothing of it one way or the other - my room was not fastened - I don't think even the latch had caught - any servant in the house had access to my room at any time, by day or night.
Q.What did you mean by asking the prisoner if any persons were concerned? A.Because I wished to know if there were others, that we might look sharp after them - I rather addressed the question generally to the prisoner, and to the police I said, "Are there any more? let us look round" - I did not expect to get any answer from the prisoner - I certainly did not allude to any persons in my own house - I did not suspect any of my establishment - When the prisoner left me, he requested I would give him a good character - I discharged him with great reluctance, because I found he had acquired a habit of drinking, which all my endeavours to prevent were fruitless - I found him so excellent a servant in other respects, I wished not to part with him - I gave him three or four warnings, and he promised to give up that habit; but he did not, and I discharged him- I don't think he has been in service since - I have given him a character two or three times, but I believe he has not been in service.
Q.Have you given him a good character? A. Whatever questions a person puts to me, I answer sincerely, in the presence of the servant, that he may not fancy I have said anything against him without foundation - about three months ago he requested me to give him a character - I said yes, but I insisted on the prisoner remaining in the room at the time - which might be thought extraordinary, but I was determined to abide by it.
RICHMOND MOORE. I am a policeman - about a quarter after three o'clock in the morning of the 1st of January, I was walking down North-bank, Regent's-park, on duty - my attention was attracted by a noise which I heard on Captain Grindlay 's premises; and, while I hesitated whether I should go and see what was the matter, the prisoner made his appearance out of the front gate without his shoes, attempting to make his escape; on which I ran in front of him, and asked him who he was - he told me he was Captain Grindlay 's servant; on which he said, "I dare say you know me well enough" - I told him, I had no right to know any man coming out of a gentleman's house at that hour in the morning - upon putting his hand into his pocket, he said "Here, take this - it is Christmas time; the Captain won't let me go out in the day, and I am going out for a lark" - I told him unless he would go back with me to Captain Grindlay, and be recognised as being his servant, and he sanctioned his going out at that hour in the morning, I should take him as a prisoner - he then said, putting his hand out again, "Here is plenty to make it all right; and you are a d-d fool if you don't take it" - with that attempting to speak to me, he, at the same time, gave me a blow on my head, he put his foot out and threw me over on the ground, on my right shoulder - by the time I got up he was ten or fifteen yards in front of me, making his escape - I saw him throwing something from his pocket,John Hull , stopped him in my sight, twenty or thirty yards further on - I took him back to Captain Grindlay 's, and as I went back I picked up the five handkerchiefs in the same place where I saw him throw them - he was searched at the station-house, and a gold watch, a guard-chain, a seal, a purse with two £5 bank notes and the two sovereigns and a half, a snuff-box, a ring (which Captain Grindlay has now on his finger), and two pocket books, and other things were found on him - he had no shoes on - he walked down to the office in the shoes Captain Grindlay produced; and then we took them off him - they fit him - the notes were in the purse.
CAPTAIN GRINDLAY re-examined. I have the ring on my finger - it is mine - this is my watch - these are two £5 notes, which I believe to be the same I received at Coutts' the same morning, but I have not the numbers; but they were in my own purse - this pencil-case belongs to a memorandum-book which was returned to me before the magistrate - these are my handkerchiefs - the two sovereigns and a half were in the purse with the notes.
Prisoner's Defence. I did not break into the house, nor steal the articles named in the indictment - the articles were given to me by a person in the house - I had been out with a person living in the house for two or three hours in the evening, and I went outside at eleven o'clock, and when part of the servants were gone to bed, I returned, and one person came down and let me in, a person who I believe my counsel has named to Captain Grindlay , which Captain Grindlay very well knows was a sweetheart of mine from his own words in conversation between them. I believe it is fruitless to say any thing more, but that I leave it to your Lordship and Gentlemen of the Jury. Several gentlemen I have lived with, had I time to have let them know, could have given me a character, but the time has been so short nobody but the servants know I am here - I was only committed on the 1st of January.
GUILTY, Aged 30, of stealing in the dwelling-house, but not of breaking and entering . - Transported for Life .
Before Mr. Justice Alderson.
236. GEORGE DAVIS was indicted for feloniously breaking and entering the dwelling-house of John Dawson , on the 8th of December , at St. Leonard Shoreditch, and stealing therein 2 coats, value 3l. 10s.; 7 rings, value 2l.; 1 watch, value 1l.; 3 necklaces, value 1l.; 2 breastpins, value 4s.; 8 spoons, value 2l.; 1 knife, value, 2s.; 2 decanters, value 1s.; 1 timepiece, value 10s.; 1 shirt, value 1s.; and 1 handkerchief, value 3d., his goods ; and JOHN BALLINGER was indicted for feloniously receiving the said goods, well knowing them to have been stolen , &c. against the Statute.
RICHARD DAWSON. At the time in question I was living with my brother, John Dawson, who is a broker at No. 17, Old-street-road , in the parish of Shoreditch. On the Sunday before the 14th of December I was left alone in the house, and went out about a quarter before seven at night- I left nobody in the house - I made the house fast - I did not look at the windows, but for what I knew they were fast - I shut the back door, and latched it, but did not bolt it - I shut and double-locked the front door, and put the key into my pocket - I was absent about a quarter of an hour - I then returned, and on getting to the front door, and putting the key in the lock to open it, the door flew open all in a moment - it opens inside, and two men came out - the prisoner, Davis, was one of them - I ran after him, and caught him before he got out of my sight - he never was out of my sight from the time he left the door- I threw him down - a policeman came up, and he was immediately apprehended - when I was going in at the door the first man struck at me with something in his hand, and Davis hit me in the face; and when I overtook him he struck me two or three times over the head - he was taken to my brother's house and searched, and two coats, two decanters, a shirt, a handkerchief, a timepiece, found on him, and a skeleton key - I did not try it to the front door; after searching him, I went up stairs to my brother's room, and found all his drawers open, and the things taken out - I observed no marks of violence on them, but two screws were forced from the lock of the bureau, and there were marks of violence on that - I went into the front room two pair: all the drawers were open there, and the things scattered about the room - a box, which had been under the bed, was drawn out, and the things taken out - the prisoner was taken to the station-house - Ferne took the property.
Cross-examined by MR. STAMMERS. Q. I think you said you don't know what parish the house is in? A. It is in Shoreditch - I don't know the name - the front part of the house is a broker's shop; nothing more - I was left in charge of the house - I went out for a quarter of an hour - I merely walked into the City-road, and thought it might be safe - I went out at the front door - I went out into the yard to the horse and fed it, and shut the back door, but did not bolt it - that was directly before I went out at the front door - I did not take any pains to secure the back door - I shut it - I did not turn back to look whether it was fastened - I can't swear it was fastened - it always latched when I put it too - I did not bolt it - I swear I shut it - I don't know whether I turned back to see if the door had latched or not - I cannot swear the back door was latched - I took and slammed it to, and cannot swear whether I did or did not turn round to see if it was latched - I went out directly after at the front door - I was not in a particular hurry - I was only going out to take a
COURT. Q. When you came back you put the key into the front door - had you unlocked it before it opened? A. No, I had not.
JOSEPH FRARNE . I am a policeman - I assisted the last witness in apprehending the prisoner Davis - I searched him at Mr. Dawson's house, and produce the articles I found on him - here are two coats, which were both on his back over his own - he had three coats on - two decanters, which I found in his own coat pocket; one dial in his coat pocket; one skeleton key in his waistcoat pocket; and where he fell down, two or three yards from where he was struggling with Dawson, I picked up a crow-bar - I examined the front door of the premises, and perceived marks of a crow-bar - it had been forced open by a crow-bar - the box of the lock was forced off.
Cross-examined by MR. STAMMERS. Q.How far from him did you find this iron instrument? A.Three or four yards - I tried it to the marks - they corresponded exactly with it - it is impossible the marks could be produced by carrying in furniture or things.
EDWARD CHARLES CHICHELLY . I am a police-sergeant - I assisted in taking Dawson that night - he had no hat on - I saw a hat at the prosecutor's house when we took him; but that was in the hands of Dawson - the prisoner Davis, when he saw it, said, "That is my hat" - there was a handkerchief and shirt in it, which I produce - Richard Dawson said the handkerchief and shirt were his brother's property - I examined the house, and found it in a disturbed state.
JOHN DAWSON . I am a broker, and live at No. 17, Old-street-road, in the parish of St. Leonard, Shoreditch. These two coats are my property, and were safe when I went out on Sunday morning, and this timepiece I saw that morning - I had not noticed the other articles - they are my property - besides these articles I missed eight silver spoons, five tea and one caddy spoon, and two salt spoons - four necklaces, two of coral, and one of hair, and one of beads - seven gold rings - a silver watch - silver sugar-tongs, and various other trinkets, the value altogether would be about 12l. - I did not see Davis that night- on the Monday morning I met Ballinger in New North-street, about eleven o'clock - he said he heard that I had had a loss - I said "Yes, I have" - he said, "How much do you think you have lost?" I said, "No great deal;" and I said, "I have just been saying to my boy (who was with me) that I was sorry such a thing should have happened, and if I could get my trinkets again, I should be very sorry to have any trouble about it" - he said, "I suppose you don't wish to prosecute" - I said, "I did not know anything about that, that the things taken were found on Davis, and I certainly must swear to my property" - he said, if I could get it put off at Worship-street till tomorrow, he thought we should have more time to talk about it, and I could receive my property - I said, "Certainly, I should like to have my trinkets again" - I had been to Worship-street, and was returning home - he asked how long I should be before I went to Worship-street again - he said, "I am only an agent in this business - I am employed by the father of the young man" - he mentioned the young man's name, but I don't know what it was - Davis was in custody - whether he meant the father of Davis, or the other, I can't say - he said he would go to the young man's father, and he asked if I was going home- I immediately said "Yes" - he said he would return to my house and see me in a short time, in an hour or so - I went home, and he came in about half an hour, and asked me how he was to bring the trinkets to me, and where - I said he could send them by some person, if he thought proper, and lay them in my shop - he said he would bring them himself, and give them to me - he asked if I could not go to some house and receive them - I don't know the sign - I said, "No; if I receive them, I will receive them at home" - he said he would go and fetch them - he immediately went away, and I went immediately to the station-house and asked what I was to do - I immediately returned and stopped in the shop some little time, and Ballinger came past, and thinking he had the trinkets I walked up the road, he appearing rather frightened to bring them in - he asked me again how he should get the trinkets to my house - I said he might send somebody with them - he went away and said again that he would bring them himself- I never saw him any more, till I saw him at the corner of Finsbury-square, where I went in consequence of a message, and there I saw Mr. Ballinger and his wife - I said to him, "Have you got the trinkets?" - he said, "Yes; my mistress has got them," meaning his wife - he immediately said to her, "Give the man his trinkets" - she took them from under her cloak and gave them to me, and the constable came and took him into custody, by an arrangement made beforehand with me - I immediately gave the trinkets to the officer - they were part of the articles which I lost on the Sunday evening.
Cross-examined by MR. CLARKSON. Q. I believe you have known Ballinger some years? A. I knew him by sight - he has been a broker several years - I did not know where he lived at this time - he told me he was a mere agent, acting on the part of the father of the young man- after he had delivered the trinkets to me, I went to the Star public-house, as I delayed the time till I could see the officer - after receiving the trinkets, I went to a public-house with him - I don't know the sign - I had some drink with him, and I paid for it - we then went to the Star, and I said, as I had treated him he must treat me - I saw a policeman coming up, and gave him into custody - I have got all my property except a trifle.
Ballinger's Defence. I did enter into conversation with Mr. Dawson, but I was actuated by feelings of humanity and not gain, having known Mr. Dawson for some years - he knows I am a broker - I met him at sales - I saw him the first thing in the morning, and did not mention anything to him then, because I had not a knowledge of it.
JOHN DAWSON re-examined. I saw Ballinger on the Monday morning before I met him in NewNorth-road - he said nothing about it then, but hung about the door.
Davis's Defence (written)."I beg leave to say that this is the first time in my life I was ever charged with any offence against the laws of my country, which can be proved by several respectable persons in the court, that up to this time my character would have borne the strictest scrutiny as to honesty. Another circumstance I must state, in jus
JAMES OXLEY . I know the prisoner Ballinger - on the 9th of December he lived in 9, Lower Castle-street, City Road - I was at his house on that Monday between eleven and twelve o'clock - he was at home - while I was there an old man came in - some conversation passed between the old man and Ballinger in the back parlour - After being in the back parlour some time, Ballinger came out and asked me to walk in - a reason was assigned for my being asked to walk in - the old man's son was mentioned.
COURT. Q. Did the old man direct Ballinger to do anything? A.He asked Ballinger to go and interfere with the prosecutor, as his son was in trouble - I think Dawson's name was mentioned.
MR. CLARKSON. Q. Did Ballinger agree to go and see him? A. He did - the old man stated about some property being returned to the prosecutor - I have known Ballinger five years - he is a broker, an honest and very industrious man - I never heard of a charge against him in my life.
John Lomas , coal-dealer, Holland-street, Blackfriars; John Crabb , hair-dresser, Old-street-road; and John Rook , ale-agent, 130, Borough-road, gave the prisoner Ballinger a good character - Joseph Luscomb, carpenter and joiner, 14, Back-hill, and James Rice , tavern-keeper, Strand, gave the prisoner Davis a good character.
DAVIS. GUILTY . Aged 24. - Transported for Life .
BALLINGER. NOT GUILTY .
Before Mr. Justice Gaselee.
MR. WILLIAM BLOXAM . I am a surgeon, and live in Hanover-street, Hanover-square - on Thursday, 11th July, I was sent for to attend the prisoner about eleven o'clock in the morning - I attended at No. 30, Bruton-mews, Berkley-square - I there found the body of a child in a pail by the prisoner's bed-side - the child was dead, but warm - I did not examine the prisoner - her mother stated in her presence that she had been delivered - I gave information to the parish authorities before I opened the child; and I was directed by the coroner to examine the body of the child, which I did on the morning of the 13th of July - I opened the body, and found no marks of violence on it whatever, externally - I found the air-cells of the lungs completely distended with air, and the blood-vessels of the lungs gorged with blood - I found nothing else material - I believe the child was born alive - I attribute the death to proceed from suffocation, caused, I believe, from being immersed in the fluids contained in the pail - there were foeces in the pail, and blood, and apparently the natural discharges that might have come from the woman herself in the act of delivery; and the afterbirth was there, which I should imagine had been expelled with the child - there were foeces also in the pail - the whole might have come away together by the woman being delivered in the pail - it is not at all uncommon for a woman, who delivers herself, to faint and be unable to render herself any assistance at the moment - the death may have been occasioned from that circumstance - it would undoubtedly occasion suffocation if it all came away together in that way - it might have been occasioned by inadvertency or accident.
Cross-examined by MR. CLARKSON. Q. Is it at all unusual for a woman to be involuntarily delivered; I mean delivered when they have not even known the fact themselves? A.I cannot think that they could not know the fact.
Q.Suppose her to have these pains of labour with a first child; would not those pains to an uninformed person be like a disposition to discharge foeces? A.Undoubtedly so - I am informed there is no water-closet in the Mews.
COURT. Q. It is a common thing, I believe, for persons to go to a place for a certain purpose, and be delivered? A. It is not at all uncommon - I believe she is about eighteen years old - she was in a very weak state.
NOT GUILTY .
238. MICHAEL ANDREW ADOLPHUS O'CONNER was indicted for feloniously breaking and entering the dwelling-house of William Randall , on the 28th of November , at St. George, Hanover-square, and stealing therein 5 1/2 yards of cloth, value 5l. 15s.; 2 coats, value 7l.; 3 pair of trousers, value 3l.; 1 waistcoat, value 10s.; 1 case of drawing instruments, value 8s.; 3 books, value 4s.; 1 handkerchief, value 1s.; 1 bag, value 6d.; 1 pair of scissors, value 1s. 6d.; and 4 spoons, value 8d.; his goods .
WILLIAM RANDALL . I am a tailor , and live at No. 6, Searl-street, Pimlico , in the parish of St. George, Hanover-square. I lost some property on the morning of the 28th of November - it was between twelve o'clock on the night in the 27th, and five o'clock in the morning of the 28th - when I got up, a little after five o'clock in the morning, I came down stairs to my cutting-room, and found it all in disorder - I went down into the kitchen to procure a light - I returned up stairs and found a great quantity of clothes, some blue cloth, two coats, three pair of trousers, a waiscoat, three books, a case of drawing instruments, belonging to my son, two silver and two plated spoons, a bag, and a silk handkerchief - I found in the house a pair of trousers and a waistcoat, which did not belong to me, they were old - I examined the house, and found the window of the back-kitchen was open, it had been closed the night before - I was the last person up - the window was not fastened down, but it was remarkably stiff from it being scarcely ever opened - I am sure it was down the night before, and it would require a good deal of force to open it - there are two gardens behind my house - the farther one is the Gun Tea-gardens, and from that garden I think he must have entered - there is a wooden paling between the tea-gardens and my premises - I saw at the station-house afterwards three books and the drawing instruments - I don't recollect whether the bag was there
Prisoner. Q.Was it not your habitual practice to leave your back kitchen window unfastened, and the shop-door, and very often your back-door? A. It was not my custom- my back kitchen window is seldom fastened, that is the window I spoke of - the inside shutters were not shut - they were not usually shut to, nor were they that night.
Prisoner. The shop-door had no force used to it.
GEORGE FARMER . I am shopman to Mr. Harrison - I dont know the prisoner perfectly - I remember some goods being pledged at Harrison's by a person very much resembling the prisoner, on the 28th, 29th, and 30th of November - the same person pawned them - on the 28th of November he pawned two pair of trousers, and a yard and three quarters of woollen cloth for 30s. - I don't remember the colour, it was about eleven o'clock in the morning, - on the 29th of November he pawned a coat for 21s. - on the 30th he pawned a great coat for 20s. - I gave him a duplicate on each occasion - he gave the name of Adolphus O'Conner - I have the goods here and produce them.
Prisoner. He was not in the place at all - I say so because I don't wish to avoid the crime I am charged with - I am not going to perplex the truth to avoid the hands of justice, although I have pleaded not guilty - I don't wish to shake the evidence of any party.
WILLIAM ANGUS . I live at No. 8, Marylebone-lane, Oxford-street - I know the prisoner - he is a tailor, and so am I - he applied to me on Friday the 29th of November to finish a great coat - the one produced is it. I recognise my own work in it - when he came to me he said it was wanted by four o'clock on Saturday afternoon, as the gentleman it was for was going into the country.
WILLIAM ANGUS . The prisoner wore this waistcoat when he belonged to the same house of call with me - I have seen him wear them both about three weeks or a month before the 29th of November - I know them by seeing him wear them - nobody had a waistcoat of the same pattern at the house of call - it is a remarkably fine pattern.
Prisoner. Q. Do you say you ever saw me in that waistcoat? A. Yes: and so have several others at the house of call, and nobody about the house wore such a coat as this - I also know the trousers to be yours.
ROBERT GOOSE re-examined. I took the prisoner into custody at No. 20, Portland-street, in bed - I searched his clothes and found three duplicates, and a key which opened his chest-of-drawers in the room; and in these drawers I found three books, a pair of scissors, and some strips of blue cloth, and some pieces of patterns besides - I found a waistcoat in a bag - he said nothing to me.
JAMES STEWART . I am the landlord of the house the prisoner lodged at, in Portman-street, Soho - on the morning of the 28th of November, he came home a little after five o'clock - he brought a large bundle home with him - I gave the policeman a bag and a waistcoat - the bag had been left by the prisoner in a neighbouring public-house, and brought to me by the man from the public-house.
JOHN RANDALL. This is my great coat.
GEORGE FARMER. These are the three tickets from our shop, one of them I gave myself to the person, the other two are in the handwriting of persons in our establishment, and are for goods pawned there.
MR. RANDALL. The great coat is mine - the two pair of trousers pawned on the 28th of November are mine, and the coat pawned on the 29th, and the three books; and the pair of scissors belong to one of my men, and were taken from the house that night - I lost such blue cloth as this.
Prisoner's Defence. With humble submission to your lordship, and, gentlemen of the jury, I appear before you, feeling very much the embarrassment I necessarily labour under, in addressing a court constituted as this is - it does in a great measure hold in their hands the destiny of a fellow-creature; but I trust you will not consider any inaccurate observations of mine as a contempt of court, but that you will over-rule the objection, attributing it not to want of courtesy, but to the extreme feeling which actuates me at the present moment. I am charged with a crime, which in itself is the worst of all crimes, as it is in some measure a breach of confidence, the prosecutor being my late master; and I know full well the laws of my country will support themselves and sustain the dignity of man. I know well I have committed an offence as far as the indictment goes, but I know the prosecutor knows the exact position in which I stand; I hope he will do justice to my character, as he knows the extreme circumstances under which I laboured before this; and I am sure he will be guided by proper feelings, in doing me justice, if I call on him to speak to my character. And now, gentlemen of the jury, you have all heard fairly, and your superior judgment will weigh every subject you think proper. I am not going to deny the existence of the crime; I leave it entirely in the exercise of your judgment. It may be said to be superfluous in addressing the court, as every word I say tends to convict me - admitting that, I know well there is such a thing as poor Misfortune feeling the lash of Vice. Some of the jury are fathers, and will feel for me - a poor orphan as I am, and have been all my life suffering extreme hardships. Many is the time I have been without a roof to cover me, and taking shelter under the piazza of Covent Garden; and during the inclemency of last winter I suffered almost unheard-of sufferings. I have no father nor mother, nor friend, to whom I could apply; and with the precarious state of trade, by my extreme difficulties, I have had recourse to the piazzas, and two or three nights together I have been without a roof to cover my head, and three and even four days have gone without food; and I am sure the prosecutor knows it is the first time I was everlaws I do not for a moment deny, nor should I have pleaded"Not Guilty;" it is not to avoid the ends of justice: no; if I have come within the pale of justice, let me suffer as a man; still I call on you to the exercise of this peculiar property which has stood the test of ages, and which is the palladium of public liberty. The eyes of not only the individuals in court, but all the world are looking at me, as I well know - and as you know - and as my worthy prosecutor knows - that up to this very moment I bore an unsullied character - and I regret I did this in an evil hour - and I don't call on the jury to pronounce a verdict of "Not Guilty;" I admit my guilt - in an evil hour I certainly did it! goaded on by poverty, I was in want of food, and when I applied to my friends, I reasoned with them, but they were callous - they were deaf to Reason's voice: I argued with them as points of humanity, and sent them letters. I had not offended them: they could not bring any thing against my moral character; but they would not listen to the voice of humanity. What was left for me? Day succeeded day, and night - night. It is true, through the humanity of Mr. Stewart, I had a roof to cover my head; but still there was a time that before his heart melted with pity at my condition, I have been without a home: and where is the man in the court who does not feel for me? I don't come here as a hardened culprit - I never offended the law before; I feel the sanctity of those laws, and my prosecutor knows I was actuated with a most religious feeling for the laws; if he will condescend to leave that monster- Prejudice, out of the case; and I trust, that having broken my country's laws, and forfeited the protection it would otherwise place on me in the condition the prosecutor stands. The law protects him, and, I hope, also protects me. My lords, I am sure, feel for me; they have children of their own, and they must pity me: during the inclemency of last winter I had no food - I had nothing to quench my thirst but the cool spring water, which my Lord- my Creator, gives me in the construction of the earth; and I leave myself entirely in the exercise of your humanity - you are called on to-day to decide my future interest. And let me speak to you, gentlemen, as between man and man; there is a great chasm between you and me - I may appear to have broken the laws, under whose banner I have long cut; they protected me, and I appeal to you. I have no voice but myself - my wrongs speak - my heart speaks: I don't wish to avoid the ends of justice, but I hope you will, in the exercise of your judgment, remember mercy. Many individuals, I am sure, would be pleased to do me a service, but they are all religious people, and though I speak of it with respect for religion, they are so prejudiced against my crime they will not speak. I have received a most cutting letter from a very respectable one, who will not assist me; they said, because I have broken the laws of my country, they would have nothing to do with me.
MR. RANDALL (re-examined). The prisoner was formerly an apprentice of mine, and left me about four years ago - up to the time he left me I have nothing to allege to his charge - he did not conduct himself very regularly with me - I had a very hard task with him for six years, and at the end of that time he ran away, and I gave up his indenture when he was brought back.
GUILTY . Aged 34. - Transported for Life .
Before Mr. Justice Gaselee.
239. JACK GREEN was indicted for feloniously breaking into and entering the dwelling-house of John Davis , on the 11th of December , at St. Luke, and stealing therein 7 pairs of shoes, value 16s., and 1 pair of boots, value 4s., his goods .
RICHARD YOXHALL . I am a headborough of St. Luke's, Old-street, and live at 129, White Cross-street - on Wednesday evening, the 11th of December, about six o'clock, I saw the prisoner pass my shop-window, in company with two other boys - I suspected them, and followed them to Play House-yard, and passed them about the middle of the yard - when I came up to them, I heard the prisoner say to the other boys, "Look out, while I go in" - he went into the shop, and took something from under his coat and offered to sell it; but the party shook their head and would not buy it - I saw him come out, and stopped him, and asked him what he had got there offering for sale - he said, a pair of shoes which his mother had sent him to sell - I asked him to let me look at them, and saw they were a new pair; I told him I thought he was telling me a falsity, for his mother would not send him to sell new shoes - he asked me if I would be so good as to go to his parents with him, and they would soon satisfy me that they had sent him to sell them - his father lived in Golden-lane - he was not at home, nor his mother - he sent out for his father, who came - I asked if he had sent his son to sell that pair of shoes - the father said no; they never sent him to sell them - the prisoner said, "No; mother sent me to sell them: father, if you will send for her, she will tell you she sent me" - the mother came in at the time, and denied it, the same as the father - she said she knew nothing about them - I did not see that the others had anything with them.
Cross-examined by MR. PHILLIPS. Q. At this time you had him in custody? A. Yes - I don't know whether the father knew I was an officer; I did not tell him so - I told him I had stopped his boy selling shoes - I certainly appeared to keep him from going away from my grasp, and the father had every opportunity of seeing that - I saw the father and mother here to day - the father did not tell the mother the boy was in custody for stealing the shoes - I do not recollect it - I do not think she was present when I said I had stopped him.
MARY DAVIS. I am the wife of John Davis , of No. 71, Upper White Cross-street , St. Luke - I keep a general sale-shop and haberdasher's - on Wednesday evening, the 11th of December, between five and six o'clock, I had a pane of glass cut, and seven or eight pairs of shoes stolen - the pane of glass was cracked before, but they took it quite out;
Cross-examined. Q. Were you acquainted with the prisoner? A. I cannot be certain that I had ever seen him before - my husband's name is John only - he has no partner in his business - that is the usual way of marking shoes - we have not one mark for all our shoes - I put the number on them - we sell a good many in a year - we only sold a few that month - I should know four or five of the other pairs - they are not all marked in the same way, as my husband marks some - I marked all mine in the same way - I marked this myself - here is the number I marked, No. 4 - I mark only one shoe of each pair - I have sold other shoes with four on them - it is fourth size - a shoe of that size would have four - I cannot say how many I have sold of that size - it is a woman's shoe - I cannot swear I have not sold ten pair within three months before.
RICHARD YOXHALL re-examined. The prisoner's father lives not above a hundred yards from Davis - they were quite away from the prosecutor's when I found them.
Cross-examined. Q. How far from the house did you see the prisoner? A.About a hundred and fifty yards - he was not going in a direction to his own house.
Prisoner. I picked the shoes up.
JOHN DUNN . I am a shoemaker, and live in Crown-court, Goswell-street - these shoes are a size regularly marked by the maker - it is not put on by the prosecutor, but by the maker - they are the fourth size, of which a considerable number are sold.
COURT. Q. Did you hear Mrs. Davis swear she made that mark herself? A. I was not in court; but am certain it is the maker's mark - shopkeepers will not take them unless we mark the size on them.
Mrs. Davis, by desire of the prisoner's counsel, here wrote the figure of 4 on the shoes.
NOT GUILTY .
Before Mr. Justice Alderson.
240. JAMES CODEY , GEORGE HARDWICK , and WILLIAM LEWIS , were indicted for feloniously breaking and entering the dwelling-house of Stephen Sinfield , on the 17th of December , at St. Leonard, Shoreditch, and stealing therein 1 watch, value 10s.; 2 waistcoats, value 11s.; 1 shirt, value 2s.; 8 yards of linen, value 9s.; 2 handkerchiefs, value 3s.; 1 snuff-box, value 3d., the goods of William Sinfield ; and 1 handkerchief, value 2s.; 1 waistcoat, value 6s.; 1 pair of trousers, value 5s.; 1 pair of braces, value 6d.; and 1 coat, value 10s. , the goods of Job Bunker .
WILLIAM SINFIELD. I am a labourer , and live at No. 5, Luke-street , which is in the parish of St. Luke, Shoreditch, I think - on Tuesday evening, 17th December, I left my house about five o'clock - my brother Stephen and Job Bunker were with me - I made the house fast, and left nobody in it - my brother shut the door - I stood against the door when he shut it - it fastens with a springlock - I tried it and it was fast - I was fetched back about six o'clock, and found the door open - I went up stairs and found my things lying about the room - my lock was broken open, and my clothes taken out and lying in the room strewed about - I missed a silver watch, which I had had about six years - I lost a shirt, two waistcoats, two handkerchiefs, a piece of shirting, and a snuff-box - my brother keeps the house - he rents it and lives there - his name is Stephen - he is a labourer - I live with him.
Cross-examined by MR. PHILLIPS. Q.Have you any other name but William? A. No; I only lodge with my brother.
Cross-examined by MR. CLARKSON. Q. Are there separate entrances to the house? A. No; we all lodge together - I pay my rent weekly - My brother is a quarterly tenant - he rents it of Mr. Warner, who don't live in it - nobody else lives in it - I do not pay rent to Warner.
JOB BUNKER. I lodge with Stephen Sinfield - some things were taken out of my box that night - a coat, waistcoat, trousers, braces, and handkerchief - there is a back-door to the house, leading into the yard - the front door opens into the street.
CHARLOTTE ISHERWOOD. I live exactly opposite Sinfield's house - on the Tuesday evening about six o'clock I was sitting by the fire and heard a knock at Sinfield's door three separate times - I then went to the window of my room up stairs, I had no candle - I saw three young men standing in the street - it is a very narrow street - there was a good light - the moon was shining in the opposite side where they were, and there was a light from the shop below, and a gas light at a small distance. I did not know any of the men - I saw them at the door - I now know them, but I did not know them before - two of the prisoners I know, I can't swear to the third - I can speak to Codey and Hardwick, but not to Lewis - when I first looked I saw them looking to the opposite side - two of them went towards the Curtain-road, and one towards Paul-street - they came back in about five minutes - the two came back, and the other was there directly after - when they came back they stood looking at the opposite side for a minute, and then they were on the step of the door - Codey then turned round, and the door opened - they opened the door - it was fast before I know, because they knocked at it - the moment it opened, Codey took a light from his pocket, and the others followed him into the house - Hardwick went first, and the other one went after him - they shut the door- I stood at the window, and saw them all three come up stairs with a light - the stairs are opposite the window - I saw them come right up into Sinfield's front room, next the street, on the first floor - they walked across the room with a light - I immediately went down stairs and gave an alarm to Mr. Dodge and to Cox the policeman - they went across directly - I just went into Sinfield's house afterwards and looked into the parlour - I was so very agitated at the time I saw Hardwick sitting in a chair; and I mentioned him as
Cross-examined by MR. PHILLIPS. Q. This rather agitated you? A. Yes: certainly - I did not mistake one man for another at the office.
THOMAS DODGE. I live in Luke-street, in the parish of St. Leonard, Shoreditch - Isherwood gave me an alarm- I, and Cox the officer, ran over - I could see a light in the front room - I knocked at the door three times, as hard as I could, and I then saw the light was put out - I gave an alarm of thieves - my brother and others came over, and I saw Hardwick come out of the front door of the house - I stopped him in the doorway and held him - Cox laid hold of him also - we held him a short time - we took him into the house, and he was taken to the station-house without being out of custody - he was searched by Cox - I did not notice what he found - I found, just within the street door of Sinfield's house, a watch, all but the outside case - I found it as soon as he was taken to be searched - it was lying at the entrance - I afterwards went up-stairs, and saw Mrs. Howlet take up a crow-bar, just within the front room door, where I had seen the light - I took it down into the parlour and asked Hardwick if he knew anything of it - he made no answer - I gave it to Cox - my back was towards the door - I did not see anybody else rush out at the door.
JOHN COX. I am a policeman - I was present with Dodge, and seized Hardwick, and kept him in custody - he was coming out into the street from the front door of Sinfield's house - I have tried the crow-bar to the box upstairs which was broken open - it fits exactly - I am fully persuaded it was used to break it open - I found a key, a knife, and handkerchief, on Hardwick - it is a skeleton key, and will open the front door - he was kept in custody.
THOMAS BAKER. I am a policeman - I was called on to assist, on the 17th of December - I was at the back part of Sinfield's house, and saw two or three men at the back door - they appeared trying to make their escape - I was on the wall - they saw me, and rushed back into the house again - I followed them; and followed two of them out into the street, and took one, that was Codey - I did not lose sight of him at all - he ran about five or six hundred yards - I took him to the station-house - he was searched, and eleven skeleton keys, a snuff-box, and three halfpence, found on him - I gave up the snuff-box and three halfpence to him.
Cross-examined by MR. CRESWELL. Q. Did you search him at the station-house? A. Yes - I felt the keys in his pocket before, but did not take them out.
BENJAMIN DODGE. I was alarmed, and went with the last witness to the back of the house - I returned back through No. 4, and followed Lewis - I was a distance off, and when I got to the front door, he was a few yards from the door, running down Luke-street - I followed him, and hallooed, "Stop thief" - I lost sight of him - I came up afterwards, and found him in the custody of another man - I cannot positively swear to Lewis being the man I followed - he seemed a little agitated, as if he had been running - I took him back, and let him go, as the people round said I was not an officer, and had no business to detain him - I am sure it was Lewis that I took into custody.
WILLIAM WALLER WINGROVE. I heard the cry of"Stop thief" - I looked out at the door, and saw a man of the size of Codey running along - a gentleman caught hold of him - he said, "I have done nothing," and twisted his wrist aside - he was stopped; and he said to me, "My lad, run, and fetch my hat" - I said, "Where is it?" - he said,"In Leonard-street" - I went and fetched it - he asked me where the handkerchief was - I said there was none; and he said there was.
HENRY BERESFORD. I have the property which was found in the room.
WILLIAM SINFIELD re-examined. I know this watch to be mine - the outside case is gone - the handkercheif found on Hardwick, and the property found scattered about the room is mine.
The prisoners made no defence.
Alice Barnes gave the prisoner Hardwick a good character.
CODEY - GUILTY . AGED 21.
HARDWICK - GUILTY . Aged 32.
Transported for Life .
LEWIS - NOT GUILTY .
Before Mr. Justice Gaselee.
241. JOSEPH ROY was indicted for stealing, on the 6th of June , 3 table cloths, value 20s.; 1 cannon, value 20s.; 4 napkins, value 5s.; and 2 spoons, value 8s., the goods of Francis Jaunay , his master .
FRANCIS JAUNAY. I live at No. 25, Leicester-square , in the parish of St. Martin-in-the-fields - I keep an hotel - the prisoner was a waiter in my house on the 6th of June - I lost some table-cloths several times, and napkins and spoons, but never had any suspicion - a gentleman was robbed in my house afterwards, and I gave information to the police, and a gold coin was discovered which had been lost - some duplicates were found by the police - I went to a pawnbroker named Young, in St. Martin's-lane, and to another in the Strand - I found goods at both those places - Young produced a tea-spoon, and egg-spoon, and salt-spoon, two table-cloths, and some napkins - the other produced some table-cloths, two napkins, and a little steel polished cannon.
Cross-examined by MR. DOANE. Q. In June was the prisoner's wife engaged as laundress for anybody in your establishment? A.She did a few trifling jobs for some ladies in the house; but she was not much at the house.
GEORGE STONE. I am a policeman - in consequence of information I searched the prisoner's lodgings - I found his wife there - he acknowledged her to be his wife afterwards - I found there seven duplicates relating to this indictment, which led me to Young's in St. Martin's-lane, and Vaughan's, late Dobree's, in the Strand - they were pawned in June and August.
GEORGE LAMAN. I am shopman to Mr. Young, of St. Martin's-lane - I have the table-cloths, salt-spoons, and
Cross-examined. Q.Was anybody with her? A. No.
JOHN MICHAEL JONES. I am servant to Mr. Vaughan, late Dobree, of the Strand - I produce a steel cannon, two table-cloths, and two napkins - the cannon was pawned by the prisoner's wife - I know her - I do not remember who pawned the other things.
Cross-examined. Q.How do you know she is his wife? A. I have since seen her in custody - I knew she passed as his wife at the time; and I have seen him with her - I have known them for three years.
SUSAN QUELCH . I pawned the things in St. Martin's-lane - the prisoner was my master; and his wife sent me to pawn them - he was not at home at the time - I took them at different times - he was never at home when I took them - I pawned them in Mrs. Roy's name.
FRANCIS JAUNAY re-examined. The handkerchief does not belong to me - this linen belongs to me; the two napkins, table-cloths, and cannon belong to me - these spoons are mine - here is a mark on one of them - I had no conversation with the prisoner about them - I have not seen him since; he was in custody before they were found.
Cross-examined. Q. I do not see a mark on the spoon? A. One mark was put on one by my servant - it had been scratched by the bar-maid - I know the linen perfectly well: there is no mark on it - I do not find any marks - here is one napkin with my name on it; and here are two others with marks - they are marked F. J. - when I first discovered this I had the wife apprehended, as she had the duplicates in her possession.
GEORGE STONE re-examined. I found the duplicates in a chest of drawers in the kitchen - the prisoner was in custody at the time - Hobbs was with me - it was on the 19th of December.
THOMAS HOBBS. I am a policeman - Stone and I went to the prisoner's room together, and asked Mrs. Roy to let us look at the duplicates which we had seen the day before - she said they were in the drawer, all safe - I said nothing to the prisoner about them.
Prisoner. I leave it all to my counsel.
John Rogers, boot-maker, of No. 18, St. Martin's-street, Leicester-square, gave the prisoner a good character.
NOT GUILTY .(See the Third Day).
242. - CHARLES BAYLEY , WILLIAM SHAW , and THOMAS SORRELL were indicted for stealing, on the 14th of December , 1 basket, value 2s. 6d.; and 63 pounds of soap, value 2l. 10s., the goods of David Gibbs ; and that Charles Bayley had been before convicted of felony .
CHARLES JOHN MAY . I live at No. 1, Wardrobe-terrace, Doctors' Commons - about twenty minutes before nine o'clock in the morning of the 14th of December, I was passing through Milton-street - I know Mr. Gibbs' premises - I saw Sorrell stand on the shafts of a cart - he handed out a basket of soap, and put it on the prisoner(Shaw's) head - this was at Gibbs' door - Bayley was standing at the side at the time - I came up, and they all ran down a court, called Hanover-court, all three together - they could not run very fast, as Shaw had the basket on his head, and the others kept behind him - I directly went and rang Gibbs' bell, and his son ran out - I called his attention to what had passed - I followed the men into Moor-lane, all three together - I had an opportunity of observing them all three, and have not a doubt of the prisoners being the same three men.
Cross-examined by MR. DOANE. Q. What are you? A. A draper - I was going to my brother-in-law's, at Hoxton - this was in my road - it is a populous neighbourhood- there are not a great many people about - I saw the three together for about a couple of minutes - I am certain Sorrell is the man who was on the shaft - I have always given the same account of it - he had a different dress on when he was on the shaft of the cart - I saw him when he was taken; he had another coat on then, but he had one on when he took it.
COURT. Q. When was he taken? A. In about a quarter of an hour.
HENRY BRIGG. I am servant to David Gibbs - he has no partner - he lives at No. 76, Milton-street, and is a soap-maker - I saw a basket, shortly after the robbery, in Milton-street , and afterwards before the magistrate - it is Mr. David Gibbs 's property - it contained soap - I had packed the soap - there was sixty-three pounds weight of Windsor, and seven pounds of palm - I had put the basket into the cart, at master's door, previous to going to breakfast; and the carman covered it over with a tarpauling - it is worth 50s. - the basket had two handles to it; but when I saw it again the handles were cut off - (basket produced) - there is the word soap on it, which I put on myself - when I saw the basket, part of the soap was in it, but not all - there was a bar or two deficient - I have not a doubt of the soap; it has a stamp on it which I had put on it myself.
JAMES BLACKLEDGE. I am servant to Mr. Gibbs - I have examined the basket and soap; our stamp is on some of it - I am quite sure it is my master's property.
RICHARD HARDING. I am a city policeman, No. 90 - on the 14th of December, about nine o'clock in the morning, I went to a house in Honeysuckle-court, a few yards out of Milton-street - it is further from Moor-lane - I knocked at the door of the top room, and the prisoner Sorrell opened it - I immediately stepped in, and found the three prisoners there, and this basket containing a portion of the soap - part of it was taken out - I took them into custody, and brought away the property.
Bayley's Defence. About half-past eight or ten minutes to nine, I was going to call on Sorrell, and met him in Milton-street - I told him I was going to his house - he said, "Come along, I am going there" - I went with him; and had been there ten minutes when the policeman came up and took us into custody - is it not possible, at the moment I came to the cart to speak to Sorrell, that the soap might be taken out without my knowledge? - you must consider the evidence circumstantial - I leave myself to your
Sorrell and Shaw made no defence.
THOMAS WHITTLE (policeman G 200). I produce a certificate of Bayley's former conviction - I was present, in September, 1832, when he was tried here - he is the person described in the certificate - I can't exactly recollect which court he was tried in; but he is the man. (Read.)
George Harding, boot and shoe-maker, Nichol-street, Bethnal-green; - Smith, trimming-manufacturer, Bethnal-green; - Basling, fringe-maker, No. 77, Newgate-street; and - Topping, of Hunt-street, Camberwell, gave the prisoner Sorrell a good character.
BAYLEY - GUILTY . Aged 28.
SHAW - GUILTY . Aged 34.
Transported for Seven Years .
SORRELL - GUILTY . Aged 27. - Confined Three Months .
243. RICHARD GREY was indicted for stealing, on the 16th of December , 1 watch, value 5l.; 1 watch chain, value 6d.; 1 seal, value 6d.; and 1 watch key, value 3d., the goods of Edward Eagles , from his person .
EDWARD EAGLES. I am a shoe-maker , and live at Bethnal-green - on the 16th of December, I was in Aldgate , at five o'clock in the afternoon, near the Bull Inn - there was a crowd there - I was surrounded, and lost my watch - I was hustled - it was a silver watch, with chain, seal, and key, worth nearly £5. I did not know what had happened, till I got out of the crowd and heard the cry of"Stop thief."
JAMES HALL. I am shopman to Robert Plant, of Aldgate, a hosier. I was in Aldgate, and saw Eagles surrounded by four men, and saw the prisoner pull his watch from his fob - he handed it to a man in front of him - I seized the two men in front - the prisoner was one - it was then handed to the one behind, and they got away from me - I had sufficient opportunity of observing the prisoner to be certain of him.
Cross-examined by MR. CLARKSON. Q.About what time was it? A.About five o'clock - it happened opposite our shop-door, where I stood - I could see plainly - I did not take another man, and say he was the man who took it- I am quite sure of it - I had seen the prisoner before this - I told the magistrate so, I am quite sure - I don't know whether that was taken down - my deposition was read to me - I don't recollect whether that was taken down- I cannot tell when I had seen him before that - I see so many of them - I have seen him in the neighbourhood - I cannot tell where - the officer took him, but not in my presence - he was taken in Black-horse-yard, as the officer told me, that is not twenty yards from the spot - I did not say it was one hundred and twenty - I said under twenty - I was never a witness before.
SAMUEL PATRICK. I am a constable. I was in Aldgate, and saw Mr. Hall holding the prisoner - when I first observed him, the prisoner wrested himself from him and ran away - I followed and took him into custody in Blackhorse-yard, not twenty yards from the spot - I never lost sight of him.
JAMES HALL re-examined. I took hold of the prisoner when he was pulling the watch from the prosecutor - he was one of the two in front who I laid hold of, and he got away from me.
EDWARD EAGLES. This is my watch - a young man picked it up.
WILLIAM MAULKIN. I picked up the watch, and produced it to the gentleman.
The prisoner made no defence.
BENJAMIN BANNISTER, of No. 5, Longdale-street, Cannon-street-road, gave the prisoner a good character.
SAMUEL PATRICK. I have frequently seen the prisoner in company with five or six others, whom I know by sight.
GUILTY . Aged 35. - Transported for Fourteen Years .
ROBERT ADAMS. I am a City policeman, No. 19. On the afternoon of the 13th of December I was in Bishopsgate-street, and saw a chaise which was standing by a door- I saw the prisoner three or four yards from it - he put his hand on the great coat which laid in the chaise - I stood watching him - I saw three or four more at the corner - he pulled the coat out of the chaise, and gave it to another young man - I laid hold of them both, and the other dropped the coat and got away - I took the coat - this is it.
Prisoner. Q.How far were you from me when I took it? A. The width of Bishopsgate-street - it was about a quarter after four in the afternoon, quite daylight - you were dressed in a brown frock coat and a red comforter - I took you myself - a young man stopped you, and I took you into custody - I never lost sight of you - I was watching you in Bishopsgate-street - I took you at the entrance of Camomile-street - you were stopped, and I took you - the young man who stopped you came to the station-house.
Prisoner's Defence. I was proceeding down Bishopsgate-street, and stopped to look at a linen-draper's shop, at the corner of Camomile-street - three men stood round me - and the officer secured me and left me while he went to run after the other men - a carman stopped me, and gave me into his charge.
- SUTTERTHWAITE, of Old-street, gave the prisoner a good character.
NOT GUILTY .
ELIZABETH RAWLINSON. I am the wife of John Rawlinson, and live at No. 26, Bread-street-hill - on the night of the 17th of December I was in the street, near my house, and saw the prisoner enter my shop, and take the weighing machine off the potato-bin - he came out as far as the gutter - I went towards him - he saw me, and put it down, and ran across to the churchyard - I called "Stop
Prisoner. Q. At what hour in the evening? A. After dark, and before eight o'clock - it was not a very light street - the light in the shop was not gas - the light was a very short distance from the machine - I was standing in the private door, nearly close to the shop - when you were brought back by the policeman I nearly fainted; but I was positive of you - I am not aware that my husband put any questions to me - he said, "Do not swear to the man if you are not certain;" and he said to the policeman, "Let him go:" but I am certain of you.
WILLIAM CARTLIDGE (city-policeman, No. 56). I was in Old Fish-street on the night of Tuesday evening, the 17th of December, and heard Mrs. Rawlinson cry "Stop thief" - I took the prisoner at the bottom of Five-foot-lane, not a hundred yards from the prosecutor's - when I first saw him he was running out of St. Nicholas Olive Church-yard - I fell down when I got within ten feet of him, and lost sight of him for a moment; but he was seized and brought back - he was the only person running before me when I fell; and I observed that he had a dark coat on, and white all down the back of it.
Prisoner. Q.How far was I from the prosecutrix's house when you heard the cry of "Stop thief?" A. Not above three houses - I observed you in the churchyard seven or eight yards from me - I fell down in the lane; that is, about forty feet from where I stopped you - I did not stop you - you were speaking to a person when I came up.
Property produced and sworn to.
Prisoner's Defence. It is generally said a prisoner pleading his own cause has a fool for his advocate; but necessity compels me to adopt this course - being out of a situation, it was necessary I should call at the places where one was most likely to be found - I had been to a house of call at Clerkenwell, and then to Aldersgate-street; then to Bermondsey-street - I came down across Fish-street, Friday-street, down Five-foot-lane; and there I was walking - a person came and asked if I had seen anybody pass that way? - I immediately replied, "No;" and the policeman came up and said, "Oh, I dare say this is the man," and took me back to the prosecutor's house - when I got there I denied all knowledge of the robbery - the husband said to the wife, "Can you swear to the man?" - she said at first, "Yes" - then she was in such a state of agitation, several persons cried out, "Take her into the parlour" - the husband said, "Can you swear to the person? - do not lock him up if you cannot swear to him" - I do not know her answer; but he immediately said, "No, she cannot swear: let him go" - the policeman replied, "No, I will keep him till the morning; then perhaps you will know him better" - I believe it was the duty of the policeman to take me before the inspector; and if so, in all probability I should have been discharged entirely, but in the morning the prosecutrix swore to me, and I was committed - and now, gentlemen, I leave my case in your hands, with a full conviction of receiving an impartial verdict, free and unshackled by oppression or prejudice.
WILLIAM CARTLIDGE re-examined. I did not say,"Perhaps this is the man" - as soon as I got up to him I said, "You must come back with me" - he was talking to a person who had asked him if he had seen a man go that way - the person had stopped him on hearing me cry"Stop thief" - he was asking him that - the person with him said he had asked him if he had seen anybody come that way - the person did not appear to know the prisoner - I am positive I am not mistaken in the person I was following; for I had so good a view of him by the gaslight - he was in the church-yard when I first saw him; that is forty yards from the prosecutor's house.
ELIZABETH RAWLINSON re-examined. I saw him coming up the hill as I stood at my door talking to a neighbour, before he went into the shop - I speak to his face, and observed his hat was torn all down; and he appeared to have a dark coat on - I saw his face in the shop, and as he came out - I have never had a doubt that he is the man.
Prisoner. I wish to ask the officer one question on the situation of the night and the hour.
W. CARTLIDGE. It was between six and seven o'clock in the evening of 17th December - the gas-light was three doors from the shop - I do not know what sort of a light the prosecutrix had in her shop - I think it possible to recognise a person at that hour in her shop - I think I have seen the prisoner's face; but not on that night - I only saw his back.
NOT GUILTY .
MR. PHILLIPS conducted the prosecution.
FREDERICK PRICE. I am clerk to Francis Weedon - he has no partner - he carries on business in Wood-street - on Friday, the 13th of December, in consequence of Mr. Weedon's directions, I concealed myself in a closet over the iron safe, and could look over the warehouse from there - I had a view over every part of the warehouse except where the lumber is kept - the door was left partly open, so that the prisoner could not see me, but I could see him - I saw him come in - he was left alone in the warehouse - I observed him open a parcel, which was tied up, and take two pieces of lace quilling out - he folded them up in blue paper and put them into his pocket - I told my employer what I had seen - he tied the parcel up again, after putting the goods right - I saw the quilling taken out of his pocket afterwards by the officer.
Cross-examined by MR. CLARKSON. Q. How long had he been in the service? A. About four years to my recollection - he is married, and has three children - he occasionally receives 20s. a-week - I believe his wages were 22s. - it is customary for servants to have any goods they wish by paying for them, with permission of any person in the warehouse - he was not taken into custody before he had time to mention it to the clerk at the desk - I was concealed there three quarters of an hour - another clerk came in, and the prisoner was sent out on a short errand, while I came out of the closet - the officer was not there when he returned - the officer came about five o'clock - there was no inquiry made of him till the officer came - the warehouse was light- it was daylight - I was about ten yards from him - he
COURT. Q. Is it not lace without any edge to it? A. Without any embroidery.
MR. PHILLIPS. Q. Is it known in the trade by the name of quilling net? A. It is bobbin quilling net, and quilling net.
JAMES HANLEY. I am a constable of Worship-street - in consequence of information from Mr. Weedon, I stationed myself opposite the house on Friday, the 13th of December, and saw the prisoner come out of the door from the warehouse - I suffered him to go eight or ten steps to the corner of Goldsmith-street, and laid hold of him - he said, "What do you want?" - I said, "I take you into custody on suspicion of committing a felony" - I took him to a warehouse below Mr. Weedon's, and in one breeches pocket I found this piece of quilling wrapped in blue paper, and in the other pocket the other piece - I asked him to account how it came there - he was very agitated, and gave no answer; but as he left the warehouse he said to Mr. Weedon, "I hope you will think of my wife and three children" - he had not said before whose property it was - Mr. Weedon shook his head - I don't think he made a reply - on the way to the office in a coach, he said to Mr. Weedon, "Mr. Weedon, I hope you will forgive me."
Mr. FRANCIS WEEDON. The prisoner has been in my service as porter about four years; in consequence of suspicion, I I gave information to the officer to watch - I sent the prisoner out with a letter - the clerk had concealed himself by my direction - soon after I sent the prisoner out, Hanley brought him back - I saw him searched, and the articles taken from his breeches pockets.
Cross-examined. Q.Have you any other Christian name? A. No; nor any partner.
COURT. Q. Did you look at the parcel from which the net was taken? A. I did, and found the quantity deficient- this piece corresponded with what was in the parcel, and makes the quantity correct - the property is mine.
John Buckwell, coachsmith, 64, Great Leonard-street, Shoreditch; John Dell , tailor, 23, Willow-walk; Thomas Newland, 63, Great Leonard-street; and Thomas Holloway, tailor, 12, Shepperton-place, New-road, gave the prisoner a good character.
GUILTY. Aged 27. - Recommended to mercy by the Jury on account of his previous good character, and being his first offence . - Confined Six Months .
EDWARD WATTS. I know Mr. Jerard - he is a customer of my master's, who is a butcher, in Leadenhall-market - on the 24th of December I left two pieces of beef, weighing nineteen pounds, and one pound of suet, at Mr. Jerard's - I did not fetch it back again, nor did anybody from our house; it was left for Mr. Jerard to consume in his family.
Cross-examined by MR. PHILLIPS. Q. How many persons are in your master's service? A. One besides myself; he is not here - he is not my brother - he is twenty-five years old - he is not related to me - I did not fetch the beef back - I was going out with meat all the evening; what the other shopman might have done while I was out I cannot tell, whether he might have gone to fetch the meat again I cannot tell - I am not acquainted with the prisoner - I have seen him, and I think I may have spoken to him- I knew him about eight years ago, and I may have spoken to him since - I do not know that I have spoken to him within two years - I should be sorry to swear I have not spoken to him within six months; but eight years ago I lived near him - he was a butcher when I knew him - I have had no concerns with him within six months; not spoken to him to my knowledge - I cannot swear either way, because I am not certain - I have had no concerns with him, within eight years, that I know of - I knew him by living at a place - I do not remember speaking to him - I have not been in his company, I will swear, within six months - I do not think I have spoken to him - I did not say I had not spoken to him for eight years - I said I knew him then - I knew him when he lived with Mr. Scales, in Whitechapel. My fellow-servant is in very good health - I did not weigh the beef, nor was I present when it was weighed - I was sent with it - I know the quantity by the book - I left it at Mr. Jerard's house.
Q. Has there been mistakes made in the conveyance of meat to different customers? A. At times we make mistakes - I do not know that one shop-boy has been sent to rectify the mistake - if I have left it in mistake, I have gone to change it, and sometimes a fellow-shopman has been sent instead of me, I being sent elsewhere - master ought to know whether my fellow-shopman was sent to fetch the beef away.
CATHERINE ROGERS. I am servant to Henry Jerard - I recollect the beef and suet being brought by Watts - in half an hour, the prisoner came to the door - I know him perfectly well - he said his governor had sent him for the piece of meat which the young man had left by mistake - that the young man had taken the wrong piece off the block - I went and told my mistress, and she said it was quite right - I came down, and told the prisoner my mistress said it was quite right - he said it was not right; that it was another person's; and he would take it and bring another in exchange - I let him have it - he took it away, dish and all - I saw no more of it, nor the dish - I cannot be mistaken in the prisoner - I am positive of him.
Cross-examined. Q.Had you known the prisoner before? A. I never saw him before in my life - I have not
HENRY JERARD. I saw nothing of the transaction - the butcher lives about the one-eighth of a mile from my house.
Cross-examined. Q.Has your butcher sent different men to your house? A. Yes; certainly he has, for years.
Prisoner. I leave it all to my counsel.
Abraham Keyner, publican, Bethnal-green, gave the prisoner a good character.
GUILTY . Aged 19. - Transported for Seven Years .
NEW COURT, Friday, January 3d, 1834.
First Middlesex Jury, before Mr. Common Sergeant.
248. JEREMIAH KEOUGH was indicted for stealing, on the 27th December , 1 coat, value 12s.; 1 pair of boots, value 4s., and 1 box, value 2d. , the goods of Cornelius Leary , to which he pleaded GUILTY . Aged 24. - Recommended to mercy by the prosecutor, being in distress. - Confined Seven Days .
250. JOSEPH HAWKINS was indicted for stealing, on the 10th of December , 1 wrapper, value 3d., and 2 hearth-rugs, value 12s. , the goods of Robert Circuit , to which he pleaded GUILTY . Aged 30. - Transported for Seven Years .
MR. BODKIN conducted the prosecution.
RICHARD STOKES . I am coachman to Mr. John Abel Smith - I did reside in Belgrave-square - I had a suite of rooms over the stables for myself and family - I lost my wife two years last November, and I hired the prisoner to look after my three young children - she had been with me about six months before my master removed to Roehampton - I went with him, leaving the property stated, and other property in drawers and in a box in the room - they were locked up, but the keys were left in the prisoner's care, who was to take care of my things - the prisoner came down to Roehampton after me, and brought my children - she then asked me to give her leave to come to town to see her sister, and said she wished to bring down two blankets and a counterpane of mine to wash, which she did - when I left the place in Belgrave-square, the prisoner had the key of the room, but I had the key of the stable - the prisoner asked me to let her come to town about a month before she absconded, which was about the 24th of January, 1833 - she returned the same evening, and gave me the key of the stable again, but the keys of the rooms and the drawers she kept in her own possession - after she had left me I came to town - I broke open my drawers and box, and missed two gowns, a shawl, a table-cloth, and a number of other things - they had been safe when I went into the country - I saw the prisoner again when in custody, she said she was guilty, but hoped I would not prosecute her; but if she was not to be forgiven, she knew there was a law to punish her.
Cross-examined by MR. HEATON. Q.Was it not in May, 1832, she came into your service? A. I will not say the date particularly, it was in the early part of the year - I left her with three children - she had the care of the family and the room where the property was kept - when I went into the country I left her a sovereign to begin with, and I was in the habit of coming to town - I cannot say how soon I came to town again - my children were ill with the fever, and the prisoner said she had been ill with it - she was very kind to my children - I gave her some money when I came to town again - I cannot say how much - she did not say she had been obliged to part with anything to get money - I do not know when she pawned these things - I cannot say that she had not expended the money on my family - she sent the duplicates to her brother about six months ago, and he sent them to me - I did say to her sister, (in hopes of finding her,) that if she sent me the duplicates I would not hurt her - she never told me she had expended the money she got for these things on my family, but she said she had intended to save money and get them again.
WILLIAM GORDEN. I am an officer - I took the prisoner on the 11th of December - I told her she was charged with robbing the coachman - she said she was guilty, and hoped to be forgiven; but if not, there was a law to punish her.
The prisoner says, "It is my first offence - I will never do so again."
MRS. GILMAN. I am the prisoner's sister - I will take her home with me.
GUILTY . Aged 35. - Recommended to mercy by the prosecutor and jury - Confined Three Days .
Mr. Clarkson conducted the prosecution.
JOSEPH FARMER. I am in partnership with my brother William - we rent a flour-mill of Mr. George, in the parish of Enfield . The prisoner Pluck was employed by Mr. George as watchman of his premises - there is only one entrance to the mill, which is by the lodge-gates - it is surrounded by water at all other parts - the prisoner Whitebread was under-gardener to Mr. George - on Monday, the 2nd of December, we found the mill had been entered, and two sacks of flour gone, worth 4l. 14s. - we have lost a great deal of property.
ROBERT NICE. I am foreman to Messrs. Farmers. On Saturday, the 30th of November, I left the mill between six and seven o'clock in the evening - I had taken stock that day, as I do every Saturday - the property was all right then - I went again on the Monday morning, about six o'clock, and missed two sacks of flour - on the 11th of December I went with the officer to Mr. George's orchard and garden - I found part of a sack of flour buried in the orchard in a sack, and part buried in a sack in the garden - one sack was Mr. Grattan's, and one Messrs. Farmer's- on the 13th I went again with the officer and examined the granary - I found some flour in a sack buried in some oats - we then went to the coach-house, and found some flour mixed with some lime - we afterwards went to Pluck's garden, and found some flour buried in the garden, and some in a barrel - there was a sack, marked "Grattan," covered over the flour that was buried - it was in consequence of what Whitebread said on his examination, that we went and found the flour in those places - I have some of it here - it belongs to my master I believe.
Cross-examined by MR. DOANE. Q. Have you compared them? A. Yes; flour is very much alike, but there is a difference between best and second flour - my employers sell a great deal in sacks.
- HARTNETT. I am in Mr. George's service - on the day before the prisoners were apprehended I found some chaff in the stable-bin - it was mixed with something white - I cannot say what; I saw Pluck bring it in - I told him he had put something into the oats that looked white - he said he had cut up a mouldy truss of hay.
DR. CRESSWELL. I am a magistrate of this county - I took the examination and confession of the two prisoners - it was made voluntarily, and they were told it would be taken down, I signed it.
JOHN MEAD. I am a constable - I took the prisoners - I found the flour in the garden, the orchard, the coach-house, and other places.
The Prisoner's confessions were here read as follows.
"The said J. Whitebread freely and voluntarily confesses and says, That in the evening of Sunday, the 1st of December instant, between five and seven o'clock, I went into the mill through the bake-house - I went to the first-floor and took one sack of flour; I divided it into two parts: I then took a second sack and divided it in the same way. I put the flour into four sacks, two of which were Messrs. Farmer's. I then removed the four sacks from the mill one by one into Mr. George's stable. On Monday, I heard that the two sacks of flour had been missed. On Tuesday, between three and four in the morning, I and William Pluck, the watchman, removed the flour from Mr. George's stables into his loft. On Wednesday or Thursday morning, between five and six, I and the prisoner Pluck removed the flour from the loft. I carried part of it away and buried it in Mr. George's orchard, and I wheeled another part of it away and buried it in Mr. George's garden; and the remainder of the flour I threw, part of it into the river, and stowed some away in Mr. George's granary; one half-sack I put among some lime in Mr. George's coach-house; William Pluck, the watchman, had the rest."
The said William Pluck says, "I am servant to Mr. George, who lives in South-street, in the parish of Enfield, close to Mr. Farmer's mill, and am employed to watch Mr. George's premises at night. Full fifteen months since, soon after I entered into Mr. George's service, John Whitebread, who lives in South-street, said to me, 'I can put you in a way to get a few shillings as the other watchman and I have done before.' Soon after this he gave me half-a-crown, which I understood to be to induce me to take no notice if I saw him fetch anything out of Mr. Farmer's mill. Between that time and the present I have seen him many times during the night leave Mr. Farmer's mill with sacks, sometimes pig's victuals, part of which he generally gave me, or the money instead of it. About 7 o'clock on the evening of Sunday se'enight I saw him fetch four lots of flour from Mr. Farmer's mill, and put them into Mr. George's stables: on the next morning there was a stir about the flour having been stolen. On the next Tuesday or Wednesday morning, before it was light, I saw John Whitebread remove some of the flour from the stable; he told me he was going to throw it into the river: he soon came back and said the flour would not sink. I then saw him remove the remainder of the flour, and take it up Mr. George's back orchard, towards the garden, where he said he would bury it in the ground. When he came to the mill for flour at night, I have sometimes seen along with him Edward Whitebread, Thomas Whitebread, and John Jackson, to whom I have seen him give what he took from the mill for them to take away, and I understand that they were in the habit of buying of him the stolen flour and offal. John Whitebread has also told me that Greenwood, who lives next door to his house, at different times has bought pig's victuals of him."
Pluck's Defence (written)."My Lord and Gentlemen,John Whitebread , of the same employ as myself, but now a prisoner at the suit of the prosecutor, who said he would put me in the way of a few shillings, as was always the rules of the old watchman - being quite ignorant of what these rules were, I said nothing to the information - in a short time after this, I saw the said John Whitebread coming from my master's mill with three sacks - I made some inquiry about it the next morning, and found them to contain grain and flour - I made it my business of seeing him a few days after, when I candidly told him my strong suspicions, stating my being employed as watchman I must certainly acquaint my master, otherwise I should lose my employ - he talked to me on the subject, and said it was always customary with other watchmen, and that if I did not do as others did they would soon get me out of my employ."My Lord and Gentlemen, - Under the idea of losing my situation - I am extremely sorry to say that I did let this robbery continue without giving information, but it was entirely through the dread that I received from the said John Whitebread - I hope under these considerations your lordship and gentlemen will show me mercy, as I have all my lifetime got my living with honesty and sobriety - I have a wife, and seven children under fourteen years of age and entirely depending on me for their support, which I am most willing to do, and in a honest and upright manner - I am extremely sorry to say that my wife and family will be obliged to submit themselves to the parish if I am convicted - I hope your lordship and gentlemen will excuse my way of expressing myself - I hope you will leave it to my future conduct, with the assurance that I was innocently led astray."
Whitebread. That statement is all wrong: I am innocent.
PLUCK - GUILTY . Aged 45.
WHITEBREAD - GUILTY . Aged 29.
Transported for Seven Years .
MARY TWEED was indicted for stealing, on the 15th of December , 2 bed-curtains, value 10s.; 1 tea-caddy, value 10s., the goods of John Atkinson and another; 6 cups, value 6s.; 6 saucers, value 2s.; and 1 tea-pot, value 4s. , the goods of John Atkinson .
JOSEPH JOHN GOODE. My father is a pawnbroker in Goswell-street - I produce two bed-curtains, a tea-caddy, six cups and saucers, and a tea-pot - the cups and saucers I took in of one of the witnesses, and the curtains and caddy of the prisoner - the curtains being pawned twelve months since, I am not so positive about them; but I am of the caddy, which was pawned in June for 10s.
Prisoner. I did not pawn the curtains. Witness. I believe she did - they were pawned in the name of Ann Tweed, which is the name she always pawned in.
THOMAS WHITFIELD BROWN. I live in Goswell-street - the prisoner's husband was in my employ for eight or nine years - they lived there to take care of the place - these tea-things are Mr. John Atkinson's, my partner - the other things are his and mine.
ELEANOR CASTER. I did live in the service of Mr. Atkinson - these articles are his - I know them well.
ANN KELLY. I live in Goswell-street - these cups, saucers, and tea-pot I pawned, by the desire of the prisoner, on the 28th of September.
Prisoner. Mr. Brown told me he would forgive me, and he gave me £2 for my husband to get my clothes, that I might go into the country till all was settled, and then come back.
MR. BROWN. I sent for her husband, and said, "This is a dreadful thing; take these two sovereigns and send your wife out of the way, and never see me any more;" but they came back again, and I found them on my premises - I think her mother, who lives in the neighbourhood, has led her astray. I wish to recommend her to mercy.
GUILTY . Aged 24. - Confined Three Months .
JANE GOWER. I am the wife of James Gower - we live in Tabernacle-row - the prisoner was my servant for three weeks, and left me on the 24th of December - these articles are my property - I saw them safe that day, and missed them in an hour afterwards.
JOSHUA HARCOMB. I am an officer - I met the prisoner in Wentworth-street, on the 24th of December - I asked what she had got - I found this shift and stays on her.
Prisoner's Defence. My mistress keeps a house of ill fame.
GUILTY . Aged 16. - Confined Six Months .
WILLIAM GLOVER WHITEBREAD . I am a partner with Mr. Thompson - the prisoner came into our service on the Friday before Christmas-day - we had some suspicion of him; and on Thursday, the 26th of December, his hat was knocked off by our lad designedly, and a china mug fell out of it - I took it up, and said, "What had you this in your hat for?" - he said, "I was not going to take it away" - I went to the desk, and showed it to my partner, and the prisoner took up his hat and went into a little back place - he came out again, and another mug fell from his hat - these are the mugs; they are worth one shilling each, and the images are worth about seven shillings the pair.
ALEXANDER WILDMAN. I am in the prosecutor's employ - last Thursday night week, I saw the prisoner take a mug from the front of the shop, and put it into his hat - I was outside at the time - I ran in, and he pulled a handkerchief out of his hat and pretended to be wiping his
JOHN VIRTUE. I am headborough of Whitechapel - I went into the shop a minute after the policeman; Wildman got a light, and I went with him into the back place - I found these images among the straw - I showed them to the prisoner - he said he knew nothing about them.
ALEXANDER WILDMAN. I had seen these images two days before, in a drawer, and I saw the officer find them in the back place, about the middle of it - I had been there several times that day; and about ten minutes before they were found, and they were not there then.
GUILTY . Aged 22. - Confined Three Months .
HENRY FOSBURG. I am drayman to Mr. Thomas Harris, a brewer - on the 18th of December, I was at Mr. Dykes' public-house, putting some ale into the cellar - I put a dray-rope on the cask by the side of the house, while I went inside to get some refreshment - in about five minutes, Walker gave me information - I went out, and met the policeman in Essex-street - we went to Mrs. Martin's in Rose-lane, and saw the prisoner there; and Mrs. Martin said, "That is the rope he has brought in" - I know it is my rope by the end of it.
HENRY ASLETT (police-constable H 89). I went and found the rope.
THOMAS WALKER. I was coming up Essex-street, and saw the prisoner with this rope in his possession, with part of an old coarse apron over it - it was whole then, but has been untwisted.
JOHN DOWN. I live in No. 18, Rose-lane - I went out and met the prisoner, who asked me to take a walk with him - as we were going by Mr. Dykes, he turned his head and saw this rope, and took it - we went into Thrawl-street, and met a boy - we asked him to cut the rope for us, which he did - he then helped us to unlay it, and we gave him twopence - we then put it into a bag and took it to Mrs. Martin's shop, and put it into the scale; it weighed forty-two pounds, but she would not buy it; and the officer came in.
SARAH MARTIN. The rope was brought to my shop - I would not buy it - the officer came and took the prisoner.
Prisoner's Defence. I was going down the street, and saw the rope - Down took it and put it on my shoulders - we then got it cut, and took it to Martin's.
WILLIAM FOX. I am brother-in-law of the prisoner - I will take him and give him employment for the winter.
GUILTY . Aged 17. - Recommended to mercy by the Jury - Confined Seven Days .
THOMAS ROBERTS. I am a carpenter - I live in King-street, St. Luke's - on Sunday, the 15th of December, at half-past nine o'clock in the evening - I was in St. Giles's , and a woman came and spoke to me - I quitted her; and the prisoner rushed past me - he snatched at my watch, broke the small ring, and took away the seal and chain - I pursued him, and struck him two or three times, and should have taken him; but some persons came up and rescued him - on the Saturday night afterwards I went with the officer to St. Giles's - we found the prisoner in bed - I am sure he is the person.
Prisoner. I know nothing of it - I was in bed at the time. Witness. I am positive he is the person.
EDWARD MUNDY (police-sergeant E 2). I received information, and took the prosecutor to the prisoner - he identified him.
Prisoner. He said he was not certain I was the person. Witness. No; he was quite sure.
Prisoner's Defence. I went home at half-past eleven o'clock on the Saturday night, and went to bed - I was poorly, and did not get up till half-past ten on the Monday morning.
GUILTY . Aged 26. - Transported for Seven Years .
JOHN TOREY. I am a currier - my shop is at No. 13, White-row, Spitalfields - the prisoner had been in the habit of purchasing leather at my shop - on the 25th of November I missed twenty pairs of boot and shoe soles - I went to the station-house and spoke to the inspector - I then marked all the soles I had in my drawers; I think, at least, sixty pair; and I counted the contents of the drawer every night and morning - on the 27th I missed two pairs, and on the 29th I missed seven pairs - on the 30th, in the morning, I was in this court as a juryman, and I was informed that the prisoner had been taken with the soles on her - I went to the station-house and saw these seven pair, part of which are marked; but I can swear to them all as mine.
Cross-examined by MR. PHILLIPS. Q. Had the prisoner's husband been a customer of yours? A. I had seen him about twice in the shop, but she always purchased- some of the soles which I had marked had been sold, but not more than three or four pair - my shopman is here - my wife sometimes attends the shop in my absence; she might have sold some of those marked soles; she is not here.
JAMES HARRIDEN. I am a police-constable (H 28) - on the 30th of November, about seven o'clock in the morning, I went to White-row, and stood nearly opposite Mr. Torey's
Cross-examined. Q. How far is the Paul's Head from Mr. Torey's? A. About five minutes' walk; she had this piece of leather openly in her hand - her husband was taken on another charge, and the bill was thrown out.
THOMAS HARRIS . I am foreman to Mr. Torey - on the 30th of November the prisoner came between eight and nine o'clock - I served her with one pair of soles, but I do not know which of these it was - I did not know there was any mark on any of them - I was behind the counter - I went away to weigh the soles she bought, leaving about two dozen pair of soles of this sort on the counter - I did not miss any after she was gone - I had no suspicion at all - I had heard Mrs. Torey say he missed some.
Cross-examined. A. Did not your master let you into the secret of his marking the soles? Q. No; I served them just as they came out of the drawer - I sold soles when my master and Mrs. Torey were not there - I did not miss any soles.
GUILTY. Aged 32. - Recommended to mercy by the Jury on account of her previous good character . - Confined One Year .
ANN MATILDA BOX . I am the wife of John Box - we keep a shop in Bethnal-green-road - the prisoner came in on the 24th of December, and my son served him; he wanted change for half-a-crown - my son called to me to give him two shillings - I came to the counter and took out my purse; the prisoner snatched it out of my hand and ran away - I could not swear to the prisoner, but I believe he is the man, and he was brought back in a few minutes - my purse had eleven sovereigns and 7s. 6d. in it.
Cross-examined by MR. DOANE. Q. What time of day was it? A. Half-past eight o'clock in the evening - it was moonlight - I do not swear to the prisoner, but I have not a shadow of a doubt he is the man - the money has not been found - I cannot say how long I had had the sovereigns, - I had them for my rent and taxes, which were due on Christmas-day - I have not paid my rent - I had had twelve sovereigns just before, and gave my husband one - I will swear I had them in my purse all that week; as near as I can recollect there were three half-crowns in my purse - the prisoner wanted two shillings - I said, "I do not think I have two shillings, but I will see;" - when my husband came home he said they were all half-crowns in the purse.
JOHN THOMAS BOX . I was in the shop when the prisoner came in for a quarter of an ounce of tobacco - I served him - he put down half-a-crown - I gave him five pence farthing change, but there was no silver in the till, and I called my mother to give him two shillings - she took out her purse, and the prisoner snatched it and ran out of the shop - there was money in the purse wrapped in paper, and some silver - I had before seen twelve sovereigns in the purse, but she gave my father one sovereign - I pursued the prisoner, and cried "Stop thief;" he was at first within a yard of me, but he ran faster than I could - I did not see him do anything with the purse; but as I was coming out at the door, there was a man who stopped me, and put his hands to my breast - the prisoner was stopped by Mr. Custance, who came out of his door and turned him back - he passed me again, and Mr. Newbiggin put out his hands and stopped him, and they all fell down together - I am sure the prisoner is the man - he had time to have given the purse to the man at the door.
Cross-examined. Q. How many were running? A. Only the prisoner ran out of the shop - there were more persons running in the street, but I was the first after the prisoner - I was not more than two yards from him - I never lost sight of him - I did not see him give anything away, but he might have done it by some artful means - I heard some halfpence fall when they all fell down.
JOHN NEWBIGGIN. I heard the cry and saw the prisoner in Wilmott-street, Bethnal-green - he turned back and I stopped him.
BENJAMIN CORDELL, (police-constable, K 78.) I took the prisoner, and found a pair of shears on him, and a tobacco-box.
GUILTY . Aged 22. - Confined One Year .
260. MARTIN SULLIVAN was indicted for stealing, on the 11th of December , 1 coat, value 5s.; 1 handkerchief, value 1s., the goods of Alfred Bridger ; 2 coats, value 50s.; 1 waistcoat, value 5s.; 2 handkerchiefs, value 2s.; and 2 pair of gloves, value 6d. ; the goods of George Bridger .
WILLIAM HOSIER , (police-constable, G 89.) I received information, and stopped the prisoner on the 11th of December in the Curtain-road - he had these clothes on his arm - I asked where he got them - he gave me an insolent answer, and I took him to the station-house.
GEORGE BRIDGER. I lost these articles - I had come home wet, and left the great coat in the shop.
MARY BIRT . I saw the prisoner in Holywell-lane on the 11th of December, between eleven and twelve o'clock- he had no bundle then - I saw him again in the evening with these clothes on his arm - I told him to pull them up,
Prisoner's Defence. A man told me three or four weeks ago that he would give me some clothes, and he gave me them that day.
GUILTY . Aged 35. - Confined Six Months .
WILLIAM BRACKWELL , (police-constable, N 143.) On the 20th of December I was going across the fields to Clapton - I saw the prisoner with a parcel - I asked what he had got there - he said an old brush and a bit of victuals - I found these things on him.
JAMES WATERS. I am in the service of Mr. James Winstanley, of Stamford-hill , these are his property - I saw them that day in the shoe-house - I missed them about eleven o'clock, and the prisoner was stopped about a quarter past twelve.
GUILTY . Aged 61. - Confined Six Months .
262. ANN GLASSCOCK was indicted for stealing, on the 7th of December , half a peck of flour, value 1s.; 4lbs. of potatoes, value 4d.; 8oz. of beef, value 3d.; 2lbs. of bread, value 6d.; 1 saucepan, value 1s.; 1 book, value 3d.; and 1 box, value 1s. 6d.; the goods of Richard Booth Smith , her master .
RICHARD BOOTH SMITH . I am a farmer , and live at Edmonton - the prisoner was employed as a charwoman at my house - on the day stated I returned home, and my servant told me he had found something in his bed - we let the matter rest till eight or nine o'clock at night - when the prisoner was going home she went out at the back-door, and I went out at the front-door, and met her with this property on her.
THOMAS BIRD. I am servant to Mr. Smith - I found some flour and some bread under my pillow - I told my master - he told me to mark the bag it was in - this is it - these are all my master's - the prisoner had no right to them.
Prisoner's Defence (written)."Ann Glasscock had her hearing at Edmonton, charged with stealing a few potatoes from her employer, and a small quantity of flour, which she positively declares she had given to her; but states at the same time, she cannot bring any other person into trouble. My Lord, Ann Glasscock says, I have been working for my prosecutor nearly five years, and can solemnly declare, during that time, I never took anything from him, and never was in any place of confinement before, having always had an honest character - the case was, the pigs had been amongst the potatoes - the bit of flour was likewise given to me for a pudding at Christmas."
GUILTY . Aged 50. - Confined One Month .
JANE HEMSLEY. I am the wife of William Hemsley - I was removing from Turville-street to Vincent-street, Bethnal-green, and the prisoner assisted me, on the 23d of December - I told him to leave the scales, and weights, and some shop-fixtures, for my rent - These are my property.
ELIZABETH LAW . The prisoner came to my house, on the Sunday before the 23d of December, and asked if I wanted a pair of scales, and if I would go to a person who had them to sell, I might have them cheap - I did not go; but on the 23d of December, he brought these scales and weights, and left them; and soon after the prosecutor called for them.
Prisoner's Defence. I was going by with my milk on the 23rd of December - the prosecutrix called me in, and said she was half-a-year's rent in debt, and she was about to let her shop to a man who was to give her £12 for the fixtures and good will, but he declined to do so; and she asked me to inquire if I could sell the things; and I took them to Mrs. Laws, and left them for her to make the best bargain she could for them.
NOT GUILTY .
JOHN MARSHAM . I live opposite to the prosecutor - on the 7th of December I saw the prisoner take the cloak from his door, and he was putting it into a basket, which another boy was holding - I ran over and took the prisoner - the basket was thrown down, and the other boy escaped.
MR. FOXWELL. The prisoner lived four months with me, and had a good character - I will take him again.
GUILTY . Aged 14. - Confined Two Days .
ABEL BUSH . I am a musician - I was out with the weights on the morning of the 16th of December - the prisoner was with me - I had this violoncello, and he offered to carry it for me, as I was leading a young man home who was blind; and when we got to the corner of Slater-street, Brick-lane , I missed the prisoner - I called him to bring the bass, as I wanted to leave it there; but he called out that he would meet me at the Cambridge coffee-house - I went there, but he was not there, nor the property either.
Cross-examined by MR. PHILLIPS. Q. How many were in this firm of musicians? A. Three besides myself - the prisoner was not a partner of mine - I had lent him this violoncello two days before, but he could not play - he was what we call a vamp; he was to keep in the key note, and by that means he would never make a discord - the prisoner went out with us when he chose - I promised to get him a
Cross-examined. Q. Did he not tell you he was forced to do it to get subsistence? A. He said he was sorry, he ought not to have done it, for Bush had been a good friend to him.
Prisoner's Defence. I should not have come to this if it had not been for the prosecutor; he promised to get me a place at the theatre, and it came to sixpence a day to carry a board, which would not keep me.
Mr. Mansfield and Mr. Pryke gave the prisoner a good character.
GUILTY . Aged 19. - Recommended to mercy by the Prosecutor. - Confined Three Months .
266. HENRY KING was indicted for stealing, on the 23d of November , 3 blankets, value 3s.; 1 pillow, value 1s.; 2 quilts, value 6d.; 1 bolster-case, value 3d.; 1 kettle, value 6d.; 1 candlestick, value 2d.; 1 looking-glass, value 2d.; 1 gridiron, value 2d. ; the goods of Charles Catchpole .
HANNAH THOMPSON . I live with Mr. Charles Catchpole , in Shouldham-street - I let the prisoner's wife a ready furnished lodging - the prisoner came there and stayed two weeks; he left last Saturday five weeks, and I missed three blankets, a pillow, and the other articles.
SAMUEL BUCKNOLL (police-constable, S 200) - I took the prisoner in Somer's-town - he said he had sold two of the blankets for 1s. 6d., to a man of the name of Jenkinson, but he did not know where he lived; and he told the magistrate that he was in great distress when he took the blankets, but he knew nothing of the other things.
GUILTY . Aged 21. - Recommended to mercy by the Jury. - Confined One Month .
Second London Jury, before Mr. Sergeant Arabin.
MR. SCARLETT conducted the Prosecution.
WILLIAM KITE . On the 29th of November the prisoner, whom I knew before, came to my shop and asked for a second-hand pair of shoes - I showed her some; she bought one pair, which came to sixpence - she gave me a crown-piece, and I gave it to my wife to give change; she had not change, and took it to Mr. Lindley.
Prisoner. I was not in his shop at all in my life.
- LINDLEY. I received the crown-piece and kept it; this is it - the prisoner was taken, but discharged.
JAMES RUSSELL . I keep a stationer's shop in Broad-street - on the 7th of December the prisoner came for half a quire of curling-paper, and I served her; it came to two-pence halfpenny - she gave me this bad half-crown - I stopped her and gave her in charge.
Prisoner. I did not know that the one I gave him was bad - he gave it to five or six people.
Witness. I only showed it to one of my neighbours at the corner - I gave it to the officer in less than ten minutes - I swear it is the same.
GUILTY . Aged 21. - Confined One Year .
268. MARY RYAN was indicted for stealing, on the 21st of December , 1 table-cloth, value 6d., and 2 pillow-cases, value 4s., the goods of Herbert Fitzherbert , her master ; and also for stealing 1 pair of stockings, value 1s. , the goods of Henry Udall , Esq .
MR. WALESBY conducted the Prosecution.
HENRY UDALL , ESQ. I occupied chambers in Hare-court, Temple - I let them furnished to Mr. Herbert Fitzherbert - the prisoner was in his service - I never authorized her to pawn any article - some of the property is mine, and some Mr. Fitzherbert's.
Prisoner. Q. Did I not tell you I pawned them to pay a bill of yours? A. You did not tell me so.
THOMAS LIGHTFOOT . The prisoner was given into my charge on the evening of the 30th of December - she had given up some of the duplicates to the prosecutor, and I found some more on her - there were twenty-four in all.
GUILTY . Aged 37. - Transported for Seven Years .
269. MARY ANN NELSON was indicted that she, on the 29th of November , feloniously, maliciously, and by force, did take away a certain female child, named Rosina Dobby , of the age of five years, with intent to deprive Elizabeth Dobby , the parent of the said child, of the possession of the said child , against the Statue.
2d COUNT for taking away the said child with intent to steal 1 cloak, value 4s.; 1 frock, value 3s.; 2 petticoats, value 3s.; 1 shift, value 1s. 6d.; 1 pair of socks, value 6d.; 1 pair of half-boots, value 2s.; 1 cap, value 1s. 6d.; and 1 bonnet, value 2s., the goods of the said Elizabeth Dobby, upon and about the person of the said child .
3d COUNT for feloniously stealing the said articles.
ELIZABETH DOBBY . I am a widow - I keep a lodging-house in Crown-court, Fleet-street - I have a child, named Rosina; she is five years old - on the 29th of November, the prisoner came and asked if I would buy a shovel - I said "No" - I then missed my child immediately - I had seen the prisoner before; but did not know her name, nor where she lived - it was about eight o'clock at night - my child had a bonnet and cloak on, and her cloak was gone when I found her again in about three hours after.
DIANA OWEN . I live at No. 14, Crown-court - I know the prosecutrix and her child - on the evening of the 29th of November, I saw the child in the prisoner's arms, about twenty minutes past eight o'clock, at the bottom of Crown-
EMMA CLARK. I was passing, and saw the prisoner talking to Owen - the child had the cloak on.
ELIZA JOHNSON . I saw this child, between nine and ten o'clock that night, crying bitterly, on the step of a door in Gray's-inn-lane, without any cloak - I did not see the prisoner at all - I took her to my laundress, who knew the child, and took it home.
ELEANOR GROOM . On the 29th of November Mrs. Johnson came to me and brought the child - I took her home - as we were going down Fetter-lane, the child told me that a woman took away her cloak, and told her to sit there till she came back.
EDMUND REA (police-constable F 37). On the evening of the 30th of November the prisoner was given into my custody by a young woman in Shoe-lane - when I took the child to the prisoner, she said, "That is the woman who took my cloak."
Prisoner's Defence (written)."As I was coming near Temple-bar going to my mother, a woman in the street asked me for a pin - at the same time a policeman came up to me, saying he wanted to speak to me - I asked him what he wanted, and went with him to a house that belonged to my prosecutrix, who told him to take me, as I was suspected of stealing a child's cloak - I told him I had not seen any child - my prosecutrix and her child, who is between four and five years of age, came; when she asked the child if that was the woman? - the child said "Yes," although I had never seen her - at the station-house, the woman, who keeps a bad house, told them I went to her to ask her to buy a shovel, which I can solemnly declare I never was in her house, or spoke to her in my life till then - my prosecutrix sent for a person, I believe her servant, who stated she saw me standing near the child, at the bottom of Gloster-court, Holborn - the child was found at her grandmother's, who is living in the court, and keeps a bad house - I was remanded; and in my second hearing the magistrate asked my prosecutrix if she had any one to speak besides her child? - she said "No" - the person who brought the child home said she was alone in Gloster-court - the magistrate asked her where she lived? - she said in Waterloo-road - he then asked her what brought her there at night? - she said she was going on business - the magistrate said she was there in the morning - she was very near when she was wanted for the prosecutrix brought her in a few minutes.
GUILTY . Aged 20. - Transported for Seven Years .
JOHN LLOYD . I am servant to Mr. George Bowles, who is a salesman , and lives in Newgate-market . On the 7th of December the prisoner came to the shop and took ten rabbits off a hook, which had been sold to a gentleman - he went out of the shop - I went and brought him back with them - I had known the prisoner for twenty years - he said he was employed by an old gentleman to follow him with them up the market.
Prisoner's Defence. I have a wife and six children - I went to work as a porter - I went to the prosecutor's and asked the price of some rabbits - they said they were sold- a man came to the door with two hares and a pig's head- he said to me, "Give me down those rabbits," and I did, and was going up the market with them - I told the witness so when he took me.
GUILTY . Aged 49. - Transported for Seven Years .
MR. BODKIN conducted the prosecution.
GEORGE WILLIAM ADAMS . I am a stationer , and live in Sweeting's-alley, Royal Exchange . The prisoner had been in my service from August last - on the 24th of December I desired Mr. Seddons and Mr. Sands to go to my shop and make purchases of the prisoner - it was his duty to put all the money he took into the till, and to put down all the articles he sold in this book, which I afterwards copied into the till-book.
JOHN SEDDONS . I was sent by the prosecutor to his shop on the 24th of December, about half-past nine in the morning - I bought four three-penny memorandum-books and a pen-holder, for which I paid 1s. 6d. - I went again about half-past twelve o'clock, and bought some letter paper and steel pens - I paid 2s. 3d. for them.
CHARLES SANDS . I went to the prosecutor's shop on the 24th of December - I bought two quires of paper and some pens - I paid the prisoner a shilling, which had been marked, and three pence in copper.
MR. ADAMS. This is the prisoner's book - he has entered for the first of these purchases only three memorandum books, 9d., for the second only 1s. 6d., and for the third only 6d. - when I went home I asked the prisoner what he had been doing - he said, "A little" - I called an officer and gave him into custody - this marked shilling was found on him.
Cross-examined by MR. PHILLIPS. Q. How many marked shillings had been put into the till? A.Five in all - I found fourteen sixpences in the till - I don't know how many I left when I went out - there might have been sixpences put into the till - I had a good character with the prisoner - I have sometimes found a few pence more in the till than the book would account for - I cannot swear that it has not been as much as a shilling - it may have been the case, that if two or three customers were in the shop, the entries have not been made till they were gone.
Prisoner's Defence (written)."The unfortunate error which has brought me here I cannot account for. I can only offer you a few remarks upon the nature and conduct of Mr. Adams's business, which I trust may lead you to believe, as I assure you the fact is, that my error has arisen from mistake, and not from a disposition to wrong my employer.
Mr. Smith, Mr. Moginie, Mr. Rouse, Mr. Kennett, Mrs. Matthew, and Mrs. Bertenshaw, gave the prisoner a good character.
GUILTY . Aged 21. Recommended to mercy by the Jury on account of his character. - Confined for Three Months .
Two other counts for uttering and putting off the same, with a like intent.
EDWARD BENSLEY GARDNER . I am assistant to my father, Edward Gardner - he is a bookseller in Paternoster-row - on the 24th of December the prisoner sent a porter to us with this order, which is signed "E. Dalton, for J. Hatchard," who is a customer of ours; and I let him have the goods stated.
JAMES LOFTUS . On the 24th of December the prisoner, who was a stranger to me, gave me the order, and I took it to Mr. Gardner, and they gave me the books - the prisoner said he would wait for me at the corner of Ivy-lane - I took the books to him there, and he told me to carry them on a little farther - he took me on to the Bell and Crown, and then took them of me; and he carried them to the first gate in Furnival's Inn - he then paid me one shilling and twopence - I am sure he is the man.
"Piccadilly, December 24, 1833.
"SIR, - Have the goodness to send per bearer the following order: - three quarto Bibles, marginal notes, morocco, two elegant, and one blind-tooled; also two octavo Bibles and Prayers, with case to match. They should have been sent this morning; but Tunbridge, our porter, went out without my seeing him; and as I want them immediately, I have sent our binder's man. Only two of the quarto will be kept; the other shall be returned on Thursday morning.
"In the event of you not having any octavo by you, send small pica."
Mr Tilt gave the prisoner a good character.
GUILTY . Aged 20. - Transported for Fourteen Years .
There were four other indictments against the prisoner.
WILLIAM EDWARD FEW . I am clerk in a counting-house - on the 18th of December, about half-past five o'clock, I was in Fleet-street , and felt something at my pocket - I looked behind me, and saw the prisoner pulling out my pocket-handkerchief - he ran away - I pursued him - he was stopped in my sight.
Cross-examined by MR. DOANE. Q. Were there many persons there? A. Yes; it was opposite St. Dunstan's Church - when I turned, the prisoner was at a distance from me pulling the handkerchief - I perhaps might have caught the handkerchief, but I did not - the prisoner turned the corner to get into Chancery-lane - I did not observe any one running but the prisoner - I got into the road - he ran faster than I did - he had no handkerchief when he was taken - I saw my handkerchief at the station-house.
Prisoner's Defence. I was running home when I was stopped.
Daniel Hogan and Roger Matthew gave the prisoner a good character.
GUILTY . Aged 17. Recommended to mercy by the Prosecutor. - Confined for Three Months .
First Middlesex Jury, before Mr. Common Sergeant.
274. WILLIAM WELLFARE was indicted for stealing, on the 30th of December , 4 live rabbits, value 4s., 1 basket, value 6d., the goods of Edward Harvey ; 1 mole-trap, value 4d., and 1 chopper, value 1s. , the goods of James Adamson .
EDWARD HARVEY. I live at Stoke Newington - on the 30th of December I had four rabbits, which I saw safe about half-past twelve o'clock on Monday - I missed them between one and two o'clock; they were put in the tool-house - I afterwards missed a chopper and a mole-trap; the rabbits are worth 4s., and the trap 4d. - I have seen them since.
JOHN COLLYER. I am a gardener, and live at Newington-green - the prisoner came to me and said my boy had stolen two rabbits from him - I told him I did not know how that could be - he said he had, and he would have them - I told him I was not satisfied about that, and should not give them up till I had got a policeman - my boy had brought two rabbits to my house - I followed the prisoner down into the brick-field, about three hundred yards; he kept saying he would have them - when I got down there I saw another boy hiding behind the bricks - I asked the prisoner what that boy was hiding from me for - he said he had got two other rabbits like his - I asked what he was frightened at - the boy said he was frightened at me - I asked why he should be frightened - he said he did not know - the prisoner asked me again for the rabbits - I said,"When I get a policeman, and am satisfied they are yours, you shall have them" - on looking round I saw a large cave made out of a clump of bricks, large enough to conceal two persons - I asked him where my boy took the rabbits from- he said out of that place - I had my little daughter with me, and I sent her for a policeman who lives opposite, but he was not at home - presently the prisoner turned round, undid his jacket, and took out this chopper - he flourished it about, and swore with an oath that he would kill my boy for taking his rabbits - he went in a direction to meet him as he was coming - I ran after him, took the chopper from him, and he ran away; and the boy who was hiding in the bricks ran with him; and we found hid under some bricks two more rabbits and the mole-trap - the rabbits are all here now.
EDWARD HARVEY re-examined. This is my master's chopper and mole-trap - his name is James Adamson.
WILLIAM FIELDWICK. I am servant to Mr. Collyer - I work in the gardens - I found the rabbits in the hole, and took them to Collyer's house - I was going out on an errand for master through the fields, and on going by the clump of bricks, I saw a mole-trap; and on looking into a hole I saw the rabbits, and took them to my master's house - the prisoner afterwards charged me with stealing them - I was returning and saw the prisoner and a boy - he said, "Did you see a man here?" I said, "No;" he said, "I saw a man here, and when he saw me he ran away - I went for a policeman, and when I came back there were four rabbits here, and you have got two of them" - I told him they were at master's house - he said he saw me run up the field with two rabbits in my hand - I had seen nobody when I took them - there were wild rabbits in the field, and I did not know at the time that these were not wild - he went to master's house directly - the field is about three-quarters of a mile from Harvey's.
JAMES PLAYFORD. I am a policeman - I took the prisoner into custody at Collyer's - I produce the rabbits.
Prisoner's Defence. I went to Collyer's house, and asked him if his boy brought the rabbits there - he said "No;" I said, I would have them, and they were there - I said,"I must have them, they don't belong to me, but to another boy" - I knew nothing about them, only seeing the other boy with them in the basket - I told Collyer so - I took the chopper off the bricks.
J. COLLYER re-examined. He did not say they belonged to another boy - he said they were his - the chopper was not on the bricks, he took it from his jacket.
GUILTY . Aged 15.* - Transported for Seven Years .
275. WILLIAM COLLIER was indicted, for that he, on the 10th of January , at St. Christopher le Stocks , feloniously did forge a transfer of a certain share and interest, to wit, of 2,044l. 3s. 1d., standing in the names of William Collier and Richard Squire, being a share and interest of certain annuities, transferable at the Bank of England (setting out the instrument,) with intent to defraud the Governor and Company of the Bank of England , against the Statute.
2d COUNT. For uttering a like forged transfer, well knowing the same to be forged, with a like intent.
14 other COUNTS, varying the manner of laying the charge.
MR. RICHARD SQUIRE. I live on my property at King's Langley, in Hertfordshire - I have the probate of the will of Mrs. Mary Martin, late of Beaconsfield - I am under that will, trustee of some money left for the benefit of her niece, who is the wife of the prisoner - the sum was 1,600l. in money, which was invested in the 3 per cent. reduced.
MR. CLARKSON (for the prisoner). Q.What is the amount of the general proceeds of the personal estate? A. I am not certain, I believe about 14,000l. - I am not aware that I have received more than 14,000l. - I could have ascertained that, if I had thought the question would be asked - I cannot say whether I have - I will not undertake to affirm whether I have not - there was a certain sum detained until the decision of the Court of Chancery was given - Mr. Collier was entitled to it by a decree of the court - it was somewhere under £3000 - I cannot tell you how much - I really cannot tell you whether I had received nearly £14,000 under the estate before I received the £3000 from the Chancery Court, without having my documents before me - I cannot tell within £1000 what I have received - whatever sum it was, there is no doubt whatever
MR. ADOLPHUS. Q. The £1600 was invested in the 3 per cents.? A. Yes: in the names of the prisoner and myself - here is the regular stock receipt for the money purchased - it is 2044l. 3s. 1d. - the prisoner was joint trustee with me - he was entitled on behalf of his wife, during her life, to receive the interest of £2044 - I never received a single dividend whatever - George and Henry Wheeler were the brokers who acted for me in the purchase of the stock - I never in any manner, either directly or indirectly, assisted in, or consented to, the transfer of that sum of money.
FRANCIS HENDERSON. I am a clerk in the 3 per cent. reduced office at the Bank - I have the transfer-book letter D - it is the original book - persons transferring stock sign their names in this book - here is the transfer of £2044, in the names of Collier and Squire.
MR. RICHARD SQUIRE re-examined. The name of Richard Squire in this book is not my handwriting - I knew nothing of it till it was shown to me some time after - the signature, William Collier , I believe to be the prisoner's handwriting - I have seen him write, and have had several opportunities of judging of his writing - I was acquainted with him - he knew my person well.
MR. SQUIRE cross-examined by MR. CLARKSON. Q. Is the prisoner's father alive? A. I don't know, I am not acquainted with his family sufficiently - I don't know his name - I know one of the sons; at least, I have seen him once or twice - his name is William - I never knew him by any other name; and by his being called Junior, I apprehended he had no other name.
Q. You had some legal misunderstanding with the prisoner, I believe, yourself? A.Very little, not myself, not as I was concerned: but it was my duty as the executor to retain certain monies until the Court of Chancery determined - he wanted the money, but I took counsel's opinion, and could not give it up - I have seen his wife two or three times - I have never inquired of her whether she consented to the transfer - I have had no conversation with her - I believe by the will one trustee is not responsible for the neglect or loss of the other - I have sustained no loss that I know of - I have made no inquiry at all - this is not my prosecution - I believe it is at the instance of the bank - I believe the wife is alive - no call has been made on me by the wife.
[The will was here put in and read. Among other legacies, it bequeathed to the executors, in trust for Sarah Collier, the prisoner's wife, free from the control of her husband, the sum of £1600, to invest in the public funds, in their names, &c.; and bequeathed to the prisoner, William Collier, the residue of the estate - it was dated 14th of June, 1813. There was a codicil annexed, bequeathing £100 to William Collier, the prisoner's son.]
MR. CLARKSON to MR. SQUIRE. Q. The sum of £100 was given to the prisoner's son William? A. Yes - that was paid, I think, in 1832, when he became of age; at least it was invested at that time the other sums were invested, and when he became of age it was paid to him with interest - it was in July, 1832 - the amount was about £140.
JOHN RUMSEY. I am a solicitor, and live at High Wycombe, Bucks. I know the prisoner very well - I communicated with him in 1826, on the subject of borrowing some money - the prisoner was to borrow it - I effected the loan to him - Mr. John Lane lent it to him - I have the security here with me - I am one of the witnesses to it - it is signed by W. Collier, Sarah Collier, and John Lane - I saw all three names signed - the money was advanced on that security - the prisoner is the William Collier who signed it.
Cross-examined by MR. LUMLEY. Q.What was the amount of the sum? A.£200.
[This instrument was put in and read - it was an assignment executed by William and Sarah Collier to John Lane of the dividends on the £2044 stock, as security for the payment of the sum of £200 lent, which was to be paid on the 2nd of February, 1827 - it was dated the 2nd of August, 1826.]
MR. BULLOCK. Q. Do you know whether that money has been repaid or not? A. I know it has not - Mr. Lane, who lent the money, is not now living - I have the probate of his will - his executor is Joseph Lane - he is alive - I know the prisoner's wife - I saw her last September - the prisoner lived at Stokenchurch, in Oxfordshire - I don't know when he left there - I saw him at the end of September in London - I met him accidentally - I was getting out of the coach, and he got off the coach, and just at that moment he said he was going to settle at Liverpool.
MR. LUMLEY. Q. He knew you very well? A. Yes - the interest on the mortgage was paid regularly - I know the principal has not been paid from having seen the executor of Mr. Lane - I saw him last about three weeks ago - I don't know what family the prisoner has - he has several children - I think they are all young - when I saw the prisoner's wife I had no conversation with her on money matters.
HENRY RINTER. I am clerk to Mr. Durrant, a stockbroker. I know the prisoner - I first saw him in October, 1832 - I saw him at Mr. Durrant's office - he came and said he wished to have £120 Consols bought for him - I took his instructions - he gave his name William Collier , of Stokenchurch, Oxfordshire - I bought it for him - he gave me the money, and I gave him the stock receipt - I cannot say that I have seen him write.
MR. SQUIRE re-examined. I should say this is the prisoner's handwriting. (Looking at a letter.)
"To Mr. Durrant. 8th Jan. 1833.
"Dear Sir, - I shall be obliged to you to sell £120 stock three per cent consols to-morrow, Thursday. I shall be at your office about one o'clock. I also wish to transfer to my son William, £2044 3s. 1d., standing in the names of William Collier, surgeon, of Stokenchurch, and Richard Squire, of King's Langley. Mr. Squire will meet me at your
HENRY RINTER re-examined. In consequence of this letter, I sold the stock for him, and prepared the ticket for the transfer - we leave that at the bank with instructions to enter it in the book, to prepare it for the signatures of the party - the prisoner came to the office on the day appointed, the 10th of January - we did not receive the letter till the 10th - I made the ticket that morning; and he was at our office that morning - Mr. Blackburn is another clerk of Mr. Durrant's.
Q. Did anybody come with Mr. Collier to the office? A. I cannot say; I have no doubt somebody was there, but I was busy at the counter, and did not observe - Blackburn accompanied him to the bank to get the transfer made.
WILLIAM BLACKBURN. I am clerk to Mr. Durrant - I know the prisoner - I remember his coming to the office on the 10th of January to get some stock transferred - there was another person with him; and I was ordered to attend the bank with Mr. Collier to make the transfer - some person directed me to attend him, and I did - I knew Mr. Collier, but not the other party - I went to the bank with him - I do not think Mr. Squire was the person who accompanied him - (looking at the transfer) - I attested this transfer - my name is signed here - I saw the prisoner sign it, and the person who accompanied him signed it in the name of Squire.(The transfer was here read.)
WILLIAM BLACKBURN re-examined. I knew the prisoner at the time, and supposed the other gentleman to be Mr. Squire, by Mr. Collier bringing him there - he passed for Mr. Squire in Mr. Collier's presence - I saw Mr. Collier at our office afterwards, in October, when he came to sell £120 consols - he gave instructions for a power of attorney at the same time - (looking at it) - this is it - it is in my handwriting - I took the instructions from Mr. Collier to make the power of attorney - after taking the instructions we leave them at the bank - I took these instructions as he gave them to me (read).
"1st Oct. 1833."
WILLIAM BLACKBURN, (in continuation.) I procured the power of attorney - this is it - I remember this power of attorney coming in a letter - this letter formed the other half-sheet of the power - it has been detached since; the stock was subsequently transferred.
Cross-examined by MR. CLARKSON. Q.Did you attend the transfer yourself? A. No - I know it was done, by our books - the instructions are dated 1st of October - the Stock was 3 per cent. reduced - the books were closed then for a dividend, and they could not be transferred without the power of attorney.
Q. The original transfer says, "Witness my hand, William Collier" - did you see it so written before the name was signed? A. I did not notice that - the prisoner was present at the time - the other person signed the name of Richard Squire - it is a public office - there might be other persons about.
SIR J. SCARLETT. Q.Did you send any bank post bills, addressed to Mr. Collier? A. I did (looking at three) - these are them - I sent them to the prisoner Collier - these are the same bills - I addressed them to William Collier, Esq., No. 2, Trueman-street, Liverpool - I have seen him write, and I believe the endorsement on the bills to be his - I sent them to him in consequence of a letter which I received - this is the letter - I know the bank post bills, because they correspond - I recollect I did not take the numbers of them, but the names and amounts correspond.
JOHN HENRY CLARK. I am in the employ of Messrs. Wheeler, stock-brokers - I know Collier - Messrs. Wheeler have transacted business for him at various times - he is well known in our office.
Q. On the 30th of April, 1833, do you recollect his giving you any instructions? A. I cannot call to mind his coming to the office (looking at a paper) - the top of this is my writing - the bottom is Mr. Henry Wheeler 's writing - I wrote "William Collier, jun., Stokenchurch" - the instructions for the sale are in my handwriting - I cannot call to mind who gave the instructions - the sale of £200 was effected - I went to assist at the transfer - I cannot call to mind who went with me.
F. HENDERSON re-examined. Here is the transfer of £200, on the 30th of April, from William Collier, of Stokenchurch, Oxfordshire, Gent. - it says, "£200 of my," which shows it was part of a larger stock - that is, part of the £2044 3s. 1d. - I was present where it was signed - it is signed William Collier, jun.
JOHN HENRY CLARK re-examined. I was present when it was signed - I cannot call to mind the individual who was with me - I believe this writing to be the handwriting of William Collier, the prisoner at the bar.
Cross-examined by MR. CLARKSON. Q. Have you seen the son write? A. Yes; I will not undertake to say it is not the son's handwriting; but I believe it is the prisoner's - the prisoner writes very different at times - he and his son do not write very much alike - I believe it to be the prisoner's writing.
SIR JAMES SCARLETT. Q. Do you believe it to be the son's? A. No; I believe it to be the prisoner's.
MR. CLARKSON. Q. You say they sometimes write alike? A. No; I do not - there may be some similarity. The transfer of the sum of £200 was here put in and read.
FRANCIS HENDERSON re-examined. This is part of the original sum of 2044l. 3s. 1d. - I say so because I have examined the account - I do not find any other sum in the name of William Collier , jun., except the 2044l. 3s. 1d.
JOHN ROWLAND DURRANT . I know the prisoner - I have no recollection of his coming to instruct us to purchase this stock - it appears so by my books - the stock was afterwards sold - I have no recollection of having instructions for a power of attorney - my clerk went to get the power of attorney - I recollect transferring the stock by virtue of the power - I recollect before that seeing the prisoner and conversing with him about the power - I recollect he asked me to act on a power of attorney for the sale of £1800 odd stock - I asked him if he had not better bring his son to town to make the transfer, as it was but forty miles from town the expense of coach hire would not be more than
JAMES HALL FARMER. I live in Abchurch-lane - I know the prisoner and his son - the son lives at Stokenchurch - I am not exactly acquainted with his business - I believe he is a schoolmaster - the prisoner once lived at Stokenchurch - he changed his residence, I think, about the middle of October, 1833, and went to Liverpool - I knew of his intention of going to Liverpool from himself, but I did not know his address there - I have witnessed this power of attorney - it was executed in my presence, at my counting-house - the prisoner, his son, and my brother, were present - it was on the first of October - it is now dated the 5th - I don't know who did that - the prisoner came first to my counting-house - he said he expected his son up - he waited there an hour or an hour and a half; and when the son came, the prisoner brought in this paper, and it was executed in the counting-house - I saw the son sign it, and I witnessed it - the prisoner took it away with him - they both remained in town that day - they dined and slept at my house.
Cross-examined by MR. CLARKSON. Q.Are you sure this was not on the 5th of October? A. I am - the instrument is now in the same state, I believe, as far as I have looked at it - I knew Mr. Collier was going to reside at Liverpool some weeks previously - he was going into partnership there - I know the handwriting of the son (looking at the letter at the back of the power of attorney) - I should say this is the handwriting of the son.
SIR J. SCARLETT. Q.And so is this, is not it? A. I think it is - the son is alive, and, I believe, is in court - he was here this morning - I have known Mr. Collier twelve or thirteen years - he bore the most unblemished reputation as to honesty and good conduct - it was well known he was going to Liverpool.(The letters were here read as follows:)
"Mr. Durrant. 5th Oct. 1833.
"Sir, - I send the power of attorney, and shall be obliged to you to make the transfer as soon as possible; and send the amount, after deducting the expenses, in two bank post bills of seven days' date.
"WILLIAM COLLIER, JUN."
"Mr. Durrant. Stokenchurch, Oct. 8th, 1833.
"Sir, - When you have made the purchase, have the goodness to send the amount, directed to Mr. Collier, No. 2, Trueman-street, Liverpool, instead of Stokenchurch.
"WILLIAM COLLIER, JUN."
The bank post bills were dated 11th October, 1833, at seven days' sight, payable to William Collier, Esq., for value received of J. R. Durrant, for £1000, £500, and £114 13s. 7d., all endorsed " W. Collier."
WILLIAM BLACKBURN re-examined. The amount of the produce of the £1044 3s. 1d. was £1614 13s. 7d., which is the amount of the bank post bills.
Cross-examined by MR. CLARKSON. Q. Do you recollect that, or have you got it from your books? A. I have a recollection of it.
THOMAS MOLES. I am a clerk in the Bank - I have a book in which a transfer of a sum of money is made to the names of William Collier and Richard Squire, which was made on the 3rd of January (yesterday) - it is a transfer of £2044 3s. 1d. from Mr. Ricardo.
ROBERT MULLINS. I am broker to the Bank of England. I purchased of Mr. Ricardo this stock for the Bank - it was transferred by Ricardo to Collier and Squire - I received the money from the cashier of the Bank of England to pay for it by order of the governor of the Bank.
Prisoner's Defence. I have only to say that no fraud was intended on the Bank; and we should never have called on them for the money again.
Robert Burgess, a timber-merchant, of Stokenchurch; William Pitken, of Stokenchurch; Thomas Dew, of Stoken-church; John Cole, of Holborn; and Thomas Simmons , of Stokenchurch, gave the prisoner a good character.
GUILTY . Aged 44. - Transported for Life . - Recommended to mercy by the jury, on account of his previous good character.
277. SAMUEL WARREN and RACHEL CHAPMAN were indicted for unlawfully having in their custody and possession, 1 counterfeit half-crown and 11 counterfeit shillings, with intent to utter the same , against the Statute.
MESSRS. SCARLETT and ELLIS conducted the prosecution.
WILLIAM REYNOLDS. I am a constable - I know the prisoners - on the 11th of December I was in company with Fryer, Ashton, Lloyd, and Hall - a little after ten o'clock in the morning we proceeded to a house in Grove-court, Moor-lane, City - the outer door was fast - Fryer laid hold of it; I put my fingers to the bottom and forced it open - I ran up stairs and found the room-door fast on the first floor - I forced that open, and on the left hand side of the fireplace I saw the prisoners standing - the male prisoner was in his shirt-sleeves - they were in the act of moving their feet, breaking something under them, which turned out to be plaster-of-paris - I seized the male prisoner and held his arm, and Fryer entered the room - I shoved the female prisoner away; he took her and gave her to Lloyd, and I delivered the male prisoner to Fryer - they were then handcuffed and taken into custody - Hall came up; the male prisoner said, "Mr. Hall, do you know where we are now?
JOSEPH FRYER. - I accompanied William Reynolds - I have heard his evidence, and confirm it - on the mantel-piece I found three counterfeit half-crowns and a broken shilling - I saw Lloyd take up some pieces of a broken mould; on one piece there was the distinct mark of a letter S - the half-crowns and shillings laid open on the mantel-piece - I saw Ashton take a finished half-crown from the mantel-piece.
ANDREW LLOYD - I am a police officer of Hatton Garden - I was with the other officers, and agree with their statement - I found in front of the fire-place some plaster-of-paris on the ground - I put my hand on it; it was quite hot and caked - I found a file on the hob with white metal in the teeth of it.
WILLIAM BAKER ASHTON. I was with the officers on this occasion, and found a counterfeit half-crown at the corner of the mantel-shelf, and a piece of metal; and on the hob on the left hand side I found another little file which had white metal in the teeth of it - I looked into a cupboard and found a quantity of plaster-of-paris broken up, and more in a bag in lumps - I saw Lloyd pick up some pieces of mould - it was hot - the plaster-of-paris is in the state I found it.
WILLIAM HALL. I was with the others, and followed Lloyd up - I went to the prisoners - the male prisoner said, "Do you know you are in the City?" - as we went along he said, if he got over this, he would break stones.
JAMES WELLS. I am the landlord of the house - Chapman took the rooms of me on the 29th of October; they occupied them till they were taken up - Chapman paid the rent, and sometimes another person brought it.
JOHN FIELD. I am an inspector of counterfeit coin to the Mint - I have examined the plaster-of-paris in lumps; three of the pieces are what appear to me to have been a mould, for the purpose of casting half-crowns, made of plaster-of-paris - the first piece has one of the letters, and the impression of the obverse side, it is the letter"S" in the word "Georgius," and that letter has a peculiarity about it which induces me to believe the counterfeit half-crowns have been made by that - there is an indented mark in the lower part of it, and in the impression there is a dot corresponding - the other part is part of the impression of the obverse side - the shillings are all counterfeit, and all cast in white metal - the half-crowns also are counterfeit, and cast in the same mould - three of the half-crowns are in an unfinished state, as they came out of the mould, with the spray of the metal - this bag of plaster-of-paris is the same material as the mould - part of the plaster-of-paris has been set with water - when it is set it would be warm - these two files have both white metal in the teeth; they are used to remove the refuse of the metal - the white metal appears to be the same description of metal as the counterfeit coin - this band appears to have been used to confine the plaster while it was setting.
Warren's Defence. I had just come from my father's - I had not been in the place for nearly two days - I went to this female's for my shirt - I asked her if it was washed - she said "Yes" - I had been at variance with her ever since I was last taken into custody, and never lived with her since, but had left her company altogether, further than she used to wash my things; and I had that moment come up - I did not see anything about - I know these men are wicked enough to act wrong towards people - Hall and Reynolds said in the coach, "We have got you now, and will have you, if it lies in our power."
Chapman's Defence. I know nothing about the mould - I leave it to the mercy of the judge and jury.
WARREN. GUILTY . - Aged 25.
CHAPMAN. GUILTY . - Aged 20.
Confined Three Years .
First Middlesex Jury, before Mr. Justice Gaselee.
278. JOSEPH ROY was indicted for stealing, on the 9th of December , 9 Napoleons, value 8l.; and 9 half-eagles, value 9l., the property of Francis du Suau de la Croix , in the dwelling-house of Francis Jaunay .(See page 160, Second Day.)
THOMAS FARRANT. I am in the employ of Mr. Smart, a refiner in Princes-street - on Wednesday, the 18th of December, between two and three o'clock in the afternoon, the prisoner came to the shop of my employer, and tendered five gold coins called half-eagles, and asked what they would come to - Mr. Smart told him £5 6s. 8d. - he then asked to have it put down on a piece of paper, that he might show the gentleman what it came to, which Mr. Smart gave him, with a £5 note, and 6s. 8d., and he left the shop - Mr. Smart put the half-eagles into a bowl, and put them into the desk; and I followed the prisoner across Leicester-square into St. Martin's-street - he went into a house at the bottom of St. Martin's-street - I then went to Marlborough-street office and gave information - I afterwards returned to the shop, and received the five half-eagles out of the desk from Mr. Smart - I have them here, and know them to be the same, as I marked them, and have kept them in my possession ever since.
Cross-examined by MR. PHILLIPS. Q.When did you mark them? A.When I came from the office, after giving information - I know we had no others in the shop - what Mr. Smart did in my absence I certainly cannot tell.
Q. You received them from the prisoner? A. No - I saw him put them on the counter, and saw Mr. Smart put them into the bowl; and I know there were not any others there at all - we had none in the house - we had had previous information of the robbery; and they were put into the bowl in consequence of that - I might be absent about half an hour.
THOMAS HOBBS. I am a policeman - in consequence of Farrant's coming to the office, I went to Mr. Jaunay's house, in Leicester-square, between three and four o'clock -
THOMAS HOBBS re-examined. I said nothing to induce him to confess - I asked how he came to do it - he said, "I know I have done wrong, and I have ruined myself" - he said he only had five half-eagles - I said, "Yes, you had nine" - he said, "No, I only had five, and those I changed at Mr. Smart's to-day" - he said, "That is the remainder of the money which you found on me; and if you will go to my wife, she will give you a £5 note" - he said he had taken them out of a drawer in the gentleman's room - he did not say who the gentleman was.
Cross-examined. Q. He said he had done wrong? A. Yes - I told him he had stolen nine half-eagles and nine Napoleons - he said he had not, that he only took five - he said he had changed them, and had done wrong - I asked him if they were in a purse - he said, "No - they were loose in the bottom of the drawer."
GEORGE STONE. I am a policeman. I went with the other witness - I made the search with Mr. Jaunay - I went with the prisoner to the station-house - when I got there he desired me to go to his wife and get the £5 note - he said if I did not find her at his own house, I should find her at his daughter-in-law's, in Carnaby-market, and I found her there - he said the £5 note was what he had received from Smart for the gold coin, and he gave it to his wife to buy some things - and he dare say she had not changed it yet - he did not say whose it was.
MICHAEL JOHN FITZPATRICK. I am clerk to the magistrate at Marlborough-street office. I was present at the examination of the prisoner, on the 18th - the prosecutor was there - his name I copied in the deposition from a printed card, which he gave me - it was Francis du Suau de la Croix - he answered to that name - the prisoner was present - (looking at the depositions) this is my writing - the depositions were read over to the prisoner - here is a note at the end, signed by Mr. Dyer - it is in my writing - I took it down from the prisoner's mouth - it was read over to him by me - I saw Mr. Dyer sign it - the prisoner was not asked to sign it (read) - "The prisoner says, I admit taking out of the drawer, which was unlocked in the gentleman's room, six pieces of American money, which were laying loose, but I took nothing more."
FRANCIS JAUNAY re-examined. I know the room from which the coins were taken - I never saw the eagles until they were taken - the prosecutor showed me his purse in his drawers - they were taken from Mr. Francis Suau de la Croix's room.
Cross-examined. Q. What is his name? A.Chevalier Francis Suau de la Croix - he is now in France.
THOMAS HOBBS. The prosecutor was not present when the prisoner told me he had taken them out of the drawer.
NOT GUILTY .
Before Mr. Justice Alderson.
279. WILLIAM CHILDS was indicted for feloniously receiving, on the 9th of December , of a certain evil-disposed person, 1 looking-glass, value 40s., the goods of William Keyser , which had been then lately before stolen, he well knowing it to have been stolen , against the Statute, &c.
HARRIETT KEYSER. I am the wife of William Keyser, and live at No. 5, Kepple-row, St. Pancras - on the 12th of November, our house was robbed, and among other articles was lost from the first floor front room, a pier looking-glass - I saw the frame of it afterwards - on the morning after the robbery, my servant picked up a piece of carved leaf in the counting-house, which had formed part of the looking-glass frame - I gave it to the policeman Campbell.
ROBERT PRICE . I am a cabriolet-driver - on the morning of the 12th of November I was hired by one man in Tottenham-court-road, and he ordered me to go into the New-road, we went and had something to drink; and while we waited in the New-road, two or three men came to me, and several things were brought and put into the cab- among other things, they brought a looking-glass - where it came from, I don't know - they ordered me to drive to Islington - when I got there, they told me to go on, and at last I went to the corner of Brewer-street, in Rawstone-street; and there two or three men came and took the things out of the cab, and went down Brewer-street with them, into a house a very few doors down the street - I don't exactly know whose house it was - it was near six o'clock in the morning by the time I got there - I did not see the prisoner to know whether he was one of the men or not - it was very dark - I could not distinguish the men - I have given evidence against Coverdale and Foster before - Coverdale was the person who hired me, and I believe Foster is the man who rode with me up to Brewer-street - I have no reason to suppose the prisoner was either of the others.
RICHARD BAYLIS . I know the prisoner - I took him up - he lived in Queen-street, Islington, then, but on the 12th November he lived at No. 14, Brewer-street, fifteen or sixteen yards from the corner of Rawstone-street, only two doors from the corner - I apprehended him on the 17th of December, in Queen-street - I told him what I took him for - I asked if he knew anything about Mr. Keyser's glass - he said he knew nothing about it - I said, we had found it at Stringer's, in Leather-lane - he said, if he had known that, he would have gone out the back way, and I should have had a chase after him.
JOHN ANTHONY STRINGER . I know the prisoner - I remember his bringing me a looking-glass for sale - I do not remember the day of the week, it might be six weeks ago from the present time - I did not pay any particular attention to the time - I bought the glass - I gave him 1l. 18s. for it - I took it out of the frame, and put it into a chimney frame and sold it - I have part of the frame at home and part of it is here - I gave it to the officers, Campbell and Duke - they were parts of the frame of the looking-
Prisoner. Q. Did you not say it was ten weeks ago that I sold it to you? A. I cannot positively say the time - I said it might be, six weeks ago since I bought it of you when you came to my shop.
ANN STRINGER . I am the wife of John Anthony Stringer - I was present when he bought a looking-glass of the prisoner - it is as near six weeks ago as possible - I think it may be seven weeks from this time - I was examined before the magistrate a fortnight ago last Tuesday - it was about six weeks before that - he gave thirty-eight shillings for it - I saw the pieces of the frame - they were delivered to the constable - I am certain they were parts of the frame which the prisoner sold.
ROBERT DUKE . I am a constable - I went with a search-warrant to Stringer's premises on the 17th of December - he showed me all he had got - he produced the parts of a looking-glass frame - these are them.
SAMPSON DARKIN CAMPBELL. I received from Mrs. Keyser a carved leaf, and produce it.
HARRIETT KEYSER re-examined. This leaf fits the frame, which enables me to swear it is part of my looking-glass - I am sure this formed part of my looking-glass-frame - they have been fixed to the place at home where the glass had been fixed; and I know them by a mark here, and the leaf fits one of the pillars.
Prisoner. Q. Are there no frames like that? A. I cannot swear that - this mark was caused by a liquor-frame being placed against it.
Prisoner's Defence. If that is Mr. Keyser's, it was sold to Stringer before the robbery, which you will find by Stringer's evidence - I did not know till one o'clock, I should be tried before next week - last session I was admitted here as evidence against the men who did the robbery - if I had anything to have done with the frame, depend on it I certainly should have mentioned it - I was taken up for the robbery myself, and admitted as evidence at Hatton Garden- If I had known about the glass I certainly should have spoken about it.
GUILTY . Aged 29. - Transported for Fourteen Years .
There was another indictment against the prisoner.
Before Mr. Justice Gaselee.
BENJAMIN GOSLIN. I am a clerk at White and Greenwell's, Blackfriars-road; they are wholesale and retail linen-drapers - I have a bill from Mr. Way for dyeing, it is 22s. - I am not aware that I paid it; I believe I did - if I paid it to anybody, it must be to the person who signed a receipt for it - I paid it to the person who brought the goods to the house and received the money, but I cannot swear to the prisoner - I took a receipt signed "30th of November, for William Way, Thomas Medd."
WILLIAM WAY . I am a dyer - the prisoner came into my service on the 19th of November, and left on the 9th of December - he was a town traveller , to collect work and receive money for me - on the 30th of November he had seven dozen and four scarfs to deliver at White and Greenwell's, which came to 22s. - this bill is in his handwriting and the receipt also - he never accounted for the money - it was his duty to account for it the same evening - he left my service on the 9th of December - I met him in the street on the Saturday, when I had discovered this payment - I took hold of him and told him to come with me - he asked what was the matter - I said he had received money on my account and never accounted for it, and many other things - he said he meant to pay me, if he had time; he did not think to leave my service so soon - I gave him in charge of a policeman.
WILLIAM GRAY . I am a constable - I had the prisoner in charge on the 21st of December - I was before the magistrate when he was examined - I did not see what he said taken down - I saw the magistrate sign it - it was not read over to him.
Prisoner's Defence. I received the money, but not with an intent to defraud Mr. Way of it.
GUILTY . Aged 40.
CHARLES TERRY. I am a linen-draper - I live at 116, Aldersgate-street - the prisoner came into my service on the 1st or 2d of November; he continued with me eight or nine days - I missed some articles while he was with me - I suspected another party of it - I have since seen this property- the prisoner was apprehended on the other indictment; and these duplicates were found on him by Gray - I went to Whitaker's, a pawnbroker's, in Long-lane, and found a silk handkerchief, which I have every reason to believe is mine - I have not the slightest doubt I lost them while the prisoner was in my employ - I had them in a few days previous to his coming into my employ.
THOMAS RILEY. I am in the service of Mr. Russell, of Fore-street - I have a silk handkerchief which was pawned by a man on the 8th of November - I cannot say who by - I gave a duplicate for it, which I should know again - (looking at one) this is it.
WILLIAM GRAY. When I took the prisoner on the last charge, I searched him, and found on him nine duplicates; one is for goods pawned at Russell's, at Whitaker's, and at Heming's.
CHARLES TERRY re-examined. This handkerchief, pawned at Russell's, is mine; it has a pencil mark on it, which has been erased; but here is the mark where it was; and the fold is faded, by which I know it.
STEPHEN WHITAKER. I am the son of Mr. Whitaker, a pawnbroker - this duplicate, dated the 7th of November, was given for a handkerchief, pawned at our shop - I did
WILLIAM GRAY. I went to Hemings, and saw a handkerchief which Vaughan has.
JOHN VAUGHAN . I am shopman to Mr. Heming, pawnbroker, Whitechapel - this duplicate relates to a handkerchief which I have here - I am not able to say who pawned it; it was a man who gave the name of John Robinson, on the 16th of November.
MR. TERRY. This corresponds with some handkerchiefs in my possession - I have the same patterns - I firmly believe it to be mine - I can swear to them.
Prisoner's Defence. I bought the handkerchief on the 8th or 9th of October, long before I went to Mr. Terry.
GUILTY of stealing one handkerchief. - Judgment respited .
There was another indictment against the prisoner.
Before Mr. Justice Alderson.
282. JOHN m'DOUGAL was indicted for stealing, on the 30th of December , 24lbs. of lead, value 2s., the goods of Sir Thomas Andrew Strange , Knt. and another, then being fixed to a building , against the Statute, &c.
FRANCIS CAVANNAH. I am a policeman - on the evening of the 30th of December, I met the prisoner at the corner of Red Lion-street, Spitalfields - I stopped him and asked what he had got - he said, "Nothing" - I found it was lead - I asked where he was going with it - he said over the way - I asked where he took it from - he said from his father's - he wanted me to go back with him, which I would not, and took him to the station-house - I found the lead was fresh cut and wet - I went back to his father, and afterwards told the prisoner that his father had told me he had not seen him all the afternoon - he then said he had taken the lead from an old house in Fashion-street - I asked him if anybody was with him - he said not - I asked where he was going with it - he said he was going to sell it where he sold the last - I went to Fashion-street next day, and found some lead had been cut from No. 19 - he told me it was opposite to a public-house, which that house is - I went on the roof, found the lead fresh cut, and the lead found on the prisoner exactly fitted the gutter.
JAMES ROBSON . I am a broker, and live in Montague-street - I have the care of the house, No. 19, Fashion-street - the name of the owner was written on this paper by the people who employed me - it is T. A. Strange, bart. - the gentleman belonging to it wrote this - I have seen Mr. Wilson the agent, and Mr. White - none of them are here - the houses are all empty.
NOT GUILTY .
"London, 31st October, 1833 .
"MESSRS. BARNETT, HOARE, & Co.
2d COUNT, for uttering and publishing the same as true, with the like intent.
3d and 4th COUNTS, calling it a warrant for payment of money.
Nine other COUNTS, varying the manner of laying the charge.
MESSRS. ADOLPHUS & BODKIN conducted the prosecution.
GEORGE SEWELL. I am cashier in the banking-house of Messrs. Barnett, Hoare, & Co., Lombard-street - Mr. James Barnett is the senior partner - there are other partners - in October last we had a customer named Richard Howell, a linen-draper, who lives in Gracechurch-street - on the 31st of October I was in attendance at the counter, and a cheque, purporting to be drawn by Mr. Howell, was presented - this is the cheque - this hole in it was made when it was cancelled - we stamp all our paid cheques in this way - the word "pay" has been struck out by the instrument - the cheque is not on an engraved form - it appeared strange; and I hesitated about paying it, and passed it on to Mr. George Henry Barnett , not liking to rely on my own judgment; and he made no hesitation in paying it - the signature resembles the signature of Howell - it is rather a strong resemblance - I have the book in which the notes paid for it are entered by Mr. Barnett - I paid £6 7s. in cash, and Mr. Barnett paid the £40 in notes - I noticed the person who presented the cheque, having my suspicions - it was a person of the prisoner's age, and very much resembling him; but I decline swearing to his person - it was between two and three o'clock in the afternoon, as near as I can guess - he was about five minutes in the house - nothing was said to him about my suspicions.
GEORGE HENRY BARNETT, Esq. I am a partner in the firm - I remember being present on the 31st of October, when this cheque was brought in for payment - it came into my hands, and I paid bank-notes for it - I have the numbers of the notes in this book taken down by myself - I paid (reads) four notes of £5, Nos. 20,891 to 20,894, dated 12th September, 1833; and two £10 notes, Nos. 4,294 and 4,295, dated 18th September, 1833 - I have no recollection of the person who presented the cheque.
RICHARD HOWELL. I am a linen-draper, and live in Gracechurch-street - I had an account at Barnett's in October - no part of this cheque is in my handwriting - I did not authorize anybody to draw it for me - I know nothing of it whatever - it is like my handwriting.
SAMUEL BURCHFIELD. I am a scale-maker, and live in Smithfield - I remember selling a weighing machine, on the 31st of October, at five o'clock in the evening, to the prisoner - I am positive of him - he paid me a £10 note for it - it came to £1 16s. - I gave him this bill of parcels for it -(looking at it) - I changed the note, but did not get my money for the machine - the prisoner, and a lad who was with him, carried the machine away under their arms - I gave him the whole change of the note, and he did not pay me - he gave me the name of Johnson to make out the bill, and said he lived at No. 18, Maddox-street, Regent-Ann Norval at the Golden Lion - I did not write on the note, nor did the prisoner - I inquired at other houses in Maddox-street, and could not find him anywhere.
Prisoner. Q. I ask, whether it was not on the Friday, on market-day, that I and my son called and purchased the machine? A. I cannot swear to the day - I believe he said he was going to set his son up in business.
Prisoner. I remarked, "You have made a mistake here altogether - this is the 1st of November; it is market-day; and I suppose you have been very busy, and have put the 31st of October on the bill, but this is the 1st of November" - he offered to make the alteration - I said it was of no consequence at all.
Witness. I do not remember such an expression - I cannot swear whether it was market-day or not - I do not remember such a thing occurring as he mentions.
Prisoner. I never said I resided in Maddox-street - I said it was where I was going to reside; but I was going to take the machine in a cab to Vauxhall.
Witness. He said he was either going to open a shop in Maddox-street, or that he lived in Maddox-street - I asked him for his address, and he gave me No. 18, Maddox-street - I believe he said he had bought a cart and horse, or something to that purpose - I am sure he gave me that direction, in answer to my asking his address - he said,"The name of Johnson, No. 18, Maddox-street, Regent-street" - I understood him to mean he was then living there.
MR. ADOLPHUS. Q. Did he say a word about Vauxhall, or the neighbourhood? A. Not at all - the invoice was dated the 31st of October - I have no reason to think that was not the date - only I have no date in my book - I thought that was the date at the time I wrote it, and he said nothing to me about it being the 1st of November.
ANN NORVAL. I am the sister of Mr. Norval, who keeps the Golden Lion, Smithfield - I know Mr. Burchfield - I remember receiving a £10 note from him - I do not remember the day of the month - I put no mark on the note myself - I put the note into the cash-box, which nobody had access to besides me and my brother - there was no other £10 note in the box; I looked to ascertain that - it was within two months of this time, within three months certainly - I received no other £10 note from Mr. Burchfield before my brother paid it away - I have not received another from him for the last three months.
THOMAS NORVAL . I keep the Golden Lion, Smithfield - I remember getting into my cash-box a £10 note - I think it was on Saturday, the 2nd of November, that my sister received it - I did not see it until the 6th or 7th - there was no other £10 note in the box - I keep one key of the box, and my sister keeps the other - I had not taken any other £10 note out - I paid the note to Mr. Wills, on the 6th or 7th of November.
ISAAC WILLS . I keep the Duke of York public-house, Temple-bar - this note has my handwriting on it - I know I received it from Thomas Norval, on the 7th of November- I wrote his name and my own on the back of it, as soon as I got home - it is No. 4295, £10, dated September 18th, 1833 - I only received one note from him - I received no other from him - I know this to be the note, because I put my name and his on the back of it, when I returned home.
CHARLOTTE EMERY. I live at No. 18, Maddox-street, Regent-street - I do not let out any part of my house - I do not know the prisoner - he never took apartments or a shop of me at any time - I keep the house.
CHARLES DODDEMEADE . I am a tailor, and live at No. 16, Newington-causeway - I cannot exactly swear to the prisoner; but I think he is the person who came to my shop, and purchased a suit of clothes for a youth, on the 9th of November - they came to 2l. 10s. - he paid me a £10 note, and I gave him the change - I marked the note (looking at one) - this is it - it is No. 4294, dated the 18th September, 1833 - he gave me the name of Johnson, Bolingbroke-row, Walworth - (looking at a suit of green clothes produced by Forrester) - this is the suit I sold for that £10 note.
EDWARD WINKWORTH. I am shopman to Mr. Jones, grocer and tea-dealer, Walworth - I saw the prisoner at Mr. Jones's shop between two and three months ago - he changed a £5 note with us - I did not write on it, but Mr. Jones did, in my presence - the prisoner gave the name of Jones, No. 11, Canterbury-place, Walworth; and he got the change - he bought some tea and sugar.
COURT. Q. Are you able to swear it was the prisoner? A. I have not a doubt about him - I was present the whole time, and recollect his person - he had a surtout coat and drab trousers.
Prisoner. Q. What quantity of sugar and tea was bought? A. One lb. of black, 1lb. of green, and, I believe, 6lbs. of lump sugar - I am certain you gave the name of Jones, and not Johnson - I noticed it because master's name is Jones, and I noticed you gave the same name - I cannot swear to the colour of your coat, because it was by gas light; but it was a dark coat.
WILLIAM JONES. I am a grocer, and keep the shop in which Winkworth serves - my handwriting is on this £5 note - I have written, "Mr. Jones, 11, Canterbury-place," which is the name the person gave me - I don't remember his person distinctly - I don't recollect the circumstance of changing the note, but I have not a doubt the person changing it gave me that name - it must have been the name he gave - I don't recollect the fact of his changing the note: but it must have been the name given to me - the note is No. 20,891, dated the 12th of September, 1833.
SAMUEL BELCHER . I am a hatter, and live at No. 4, Borough - the prisoner purchased two hats of me on the 9th of November - one was a silk hat, and the other a hat for a lad (looking at two hats) - these are them - they are in boxes in which they went out of my shop - he paid me by this £5 note (looking at it) - my handwriting is on it, made at the time - I have written, " William Cooper , 9, Queen's-row, Walworth," which was the address he gave me, and
Prisoner. Q. How many hats did I buy when I paid the £5 note? A. Two, it might be three - I have dealt with him before, and he had then given me that address; and when he paid me the £5 note, I asked his address - he said, "Oh, you must recollect me, I have been here before; I live at No. 5, Queen's-row, Walworth;" which I then recollected was the last address he gave me, and I put that address down.
Prisoner. He never sent hats to my house, nor did I give him that address - I and the boy put the hats on, and left our old ones to be put in order on the former occasion.
Witness. I don't recollect that - I think I put the address on the box of the first hat he bought.
DANIEL FORRESTER. I am an officer of the City. In December last I went to No. 6, Vauxhall-walk, to look for the prisoner - a boy answered the door - I asked him if his father was up, supposing him to be the prisoner's son - he closed the door upon me, I being inside, and said he was not at home - I think it was about twenty minutes after eight in the morning - another lad came into the passage at the same time - I laid hold of them both - they made a sort of noise - I then opened the front door, having two or three other persons with me, to let them in - I let go of the boys, opened the front door, and one of the lads ran up stairs - I followed him up directly afterwards, and some person was in the act of pushing the back room door to - I put my foot to it and forced it open - as I went into the room I observed a door in the left hand corner just closed to - it was a very small door - if I had not seen it close I should have thought it was a cupboard-door - there was a woman in the room, who the prisoner said was his wife - I called out to my companions to look out behind, thinking somebody had gone through the door - I afterwards found the door led to a little room, which room led down into a washhouse by a pair of steps into the back yard - when I called out, "Look out behind," the woman said, "He is not here" - but in about a minute the prisoner came into the room from the little door with only his shirt on - I said,"What is your name?" he said, "Johnson" - I said, "Is that woman your wife?" he said, "Yes" - I asked her where she got the £5 note she had changed with Mr. Burlton, the pawnbroker in the Walworth-road, on the 2nd of November - the prisoner answered, "From a person of the name of Hadley" - at the same moment the woman said, "He is a gambler" - I then left him in the room, and went and brought out two hat boxes, and a blue suit of clothes - the hats were in the boxes, and I found a green suit of clothes in the room below - I found this paper in a front parlour, in the table-drawer - it is the bill for the machine - I then asked him where he got the £5 note he had passed with Mr. Belcher for the two hats - I had not told him what he was charged with, and did not give him any caution that he need not answer - (I was instructed to trace the notes, and had asked other people about them before, and if his answer was satisfactory, I should have traced them to other persons) - he said he had taken that note of the same person. I found a boy's green suit of clothes, and I asked him where he got the £10 note he passed at Mr. Doddemead's, on the 9th of November.
COURT. Q. Are you not aware it is not usual to question a person charged with felony without cautioning him that he need not answer? A. My Lord, I had no direct proof he was the man - I wanted to trace the notes - he told me he had taken it of the same person - he said he himself dealt in unredeemed pledges, and that he had sold him guns and watches to the amount of £50 or £60 - I won't be sure which - he said Hadley lived in Kennington-lane - I have since inquired diligently for such a person in Kennington-lane, but could hear of no such person - I went to a great many public-houses and bakers'-shops, and to the tax-gatherer, and could find no such person.
Prisoner. When Mr. Forrester entered the room, my wife was in bed and I with her - she was very poorly overnight, and our infant child was with us - the only obstruction the boy made was from the indecent manner in which Forrester and three other officers entered the room, and would not go out while she put on her clothes.
D. FORRESTER. She was not in bed when I entered - she was in her chemise - I believe she asked us to withdraw from the room - she was the nearest person I found to the door when I entered - I had felt somebody pushing the door.
Prisoner. They having entered the room at that hour without producing any authority, I made to the little room, to know where the robbers were coming in. Witness. It was on a Sunday morning, about twenty minutes after eight o'clock - I was requested to withdraw while his wife dressed, but there were only two of us in the room at the time.
Prisoner. There were no steps to go down from the little room. Witness. There were steps leading down stairs from the little room - I went up the next day without moving them - they stood under a sort of trap-door leading into this little room.
Prisoner. When Mr. Forrester asked me where I got the notes, I made no hesitation in saying I took them from Hadley - I was then taken away by two officers to a public-house at the corner of Vauxhall-bridge, and from there was driven about to two or three tradesmen, the hatter and tailor, and then we were driven to the Mansion-house (without their stating the charge or showing me any authority) with my wife and child; and my wife and child were locked up all the night in the Compter. Witness. The child was locked up with you at your own request; your wife had changed one of the notes.
MR. BODKIN. Q. You had no directions to apprehend him, but was employed in tracing the notes through the different hands of the persons who had possessed them? A. Yes.
COURT. Q. Did not you go there with a full intention of bringing him away in custody if you found him? A. Yes; and I put the questions to him with a view of using them against him afterwards.
JOSEPH WEAVER . I am in the employ of Mr. Burlton, pawnbroker, of Bedford-row, Walworth - I know the prisoner's wife - she paid me this £5 note on Saturday, the 2nd of November - the prisoner was not present - it is No. 20,893, dated the 12th of September, 1833.
Q. Do you believe it to be his handwriting or not? A. I should think it is not his handwriting then - I cannot say it is his.
COURT. Q. You think it is not? A. I think it is not.
ROBERT YORSTON . I am a law stationer, and live in Chancery-lane - I have known the prisoner about nineteen years - his name is John Coveney - I have not seen him write these nine or ten years - before that I have seen him write a great deal - I have seen the cheque; the words"Barnett" and "London" have a strong resemblance to his handwriting - if the cheque was put into my hand unaccompanied by any observation, it would not strike me as his writing - looking at it apart from this transaction, I should not have formed a belief that it was his; but my attention has been drawn to it, and I have looked at it particularly - I trace his character of handwriting about it - it is evidently a disguised hand.
COURT. Q. You were well acquainted with his writing nine or ten years ago? A. Yes; I have letters of his by me which he wrote then - my memory has been refreshed by having letters of his before me within the last three days - I trace his character of handwriting - I cannot swear it is his - I should say the words "Barnett" and "London" are much like it.
Q. If you took the paper up and was asked whose it was, without this circumstance being known, should you have said it was his? A.Perhaps I should - I don't think the signature is his handwriting; taking it altogether, I am more inclined to believe it is his handwriting than that it is not, from the character of handwriting - handwriting varies - sometimes persons writing in the same room from practice will write the same character; but we in the trade know how to distinguish them.(The cheque was here put in and read.)
Prisoner's Defence (written)."I reside at No. 6, Vauxhall-walk, Lambeth - I am a decorative painter by trade, and also a purchaser of pawnbrokers' tickets or duplicates, and unredeemed pledges. On Thursday, the 31st of October last, I sold to a person, by the name of William Hadley , the under-mentioned articles: - Eight watches, two gold seals, three double-barrelled percussion guns, three brace of pistols and cases, two large navy-blue cloaks (lined with white), one ditto military (lined with red), a barometer, &c. The whole lot amounted to £61. He paid me three £10 notes, five £5 notes, and six sovereigns. He had more notes and gold, and wished to make a further purchase, but the articles did not suit him. He desired a bill for what he had purchased, which he made out himself, my being unable to write by a severe wound I had received by a cut on my middle finger, right hand. On my asking where he might be met with, provided he did not go to sea immediately, he wrote two or three addresses on a slip of paper; also gave me a card - ' William Hadley , third mate, H. C. S. Marquis of Camden, or Hastings,' I cannot say which, the card being either mislaid or destroyed by my little daughter. Hadley sent my son for a coach, and put the goods in, and drove off towards the City. On that day, my son and myself were at Battersea and Chelsea, from ten in the morning till we arrived home at five o'clock, where Hadley was waiting to see me: he appeared in a great hurry, and I produced the articles he wished; he looked them over and made the purchase. On that evening I went with my two sons to Walworth, about a house I was then taking; I was there till nine o'clock, and then returned home, after making a few purchases, and did not go out again. The next evening, Friday, the 1st of November, being then about to place my son in the fish trade, we proceeded to Smithfield, to a Mr. Burchfield, a scale-maker, to whom I was recommended, and purchased a weighing machine, fish-knives, weights, &c. I tendered him for payment a £10 note: he gave me the change; but sent the note out for that purpose: he gave me a bill of parcels, and dated it the 31st of October. I made a remark immediately, and said, "You have made a mistake of a day; this is the 1st of November;" but I said it was of no consequence, and put the bill in my pocket-book: he found his mistake: we took the goods with us - my son being with me at the time of the purchase. I gave my wife 20l. to pay bills and make purchases. About two years or more,(nearly three years ago,) I purchased a great number of tickets of a person by name Cooper, which pledges were principally at Mr. Burlton's. My wife was known by the name of Cooper: it was for no felonious intent that the names were given on the notes, but only by the address that Hadley gave me. It was not likely I should give or pay notes away in a neighbourhood where I was so well known, having removed from there only a few months ago, and was on the point of going back again.
DANIEL FORRESTER re-examined. Q. Where did you apprehend the prisoner? A. At No. 6, Vauxhall-walk, Lambeth - I think it is in Surrey - he was committed from the Mansion-house to Newgate, for the City of London - he was in custody at the Mansion-house - I did not see him in custody at Newgate.
MR. BARNETT. Our banking-house is in the parish of St. Edmund the King and Martyr.
MR. HUDSON. Up to the time I knew the prisoner, which was ten years ago, he bore a good character - I had known him many years before.
JURY to RICHARD HOWELL. Q. Are you in the habit of writing cheques in this manner? A. No; I write on printed cheques only - I certainly have allowed other persons to fill up my cheques for me - I never sent a plain cheque - I occasionally allow persons to fill up cheques- they were always printed, and always signed by myself.
JURY to GEORGE SEWELL. Q. On the cheque being
GUILTY of uttering only . Aged 53. - Transported for Life .
2d COUNT, for feloniously uttering and putting it away with the like intent.
MR. PHILLIPS conducted the prosecution.
CHARLES TWIGG . I am a clerk at Messrs. Esdaile's & Co., bankers, in the City - On Saturday, the 7th of December, a person called at the house and presented this draft to me, which I paid - I have no recollection of the prisoner's person - he must have produced a letter - he did not produce it to me - I paid the draft - I never saw the letter - the draft was signed when presented to me - I asked no questions - it was marked with an order to pay it, and I paid it - I did not ask him any questions, but gave him £1.
JAMES DIGNAM. I am an attorney - the prisoner was in my employ - I remember expecting a letter from Bridport - I did not say anything to the prisoner about it - a person named Hopkins there remitted me £1 a month, in discharge of a debt and costs - I expected it about the 7th of December - I asked the prisoner on the 8th of December if he had received a letter from Bridport - he said he had - I asked where it was - he said he had left it at home; he had forgotten it - I said, "How came you not to leave it with the papers you left at my house last night?" - he said he did not consider it of any consequence - I asked what the letter was about - he said it was from Hopkins about the instalment referring to Messrs. Esdaile - he said he had been to Esdaile's on the 7th, the day the letter was received, and they knew nothing about the subject of the letter - I told him, when he came to the office next day, to bring the letter with him - I did not see him on the following day till about one o'clock; that was the 9th - in the meantime I had made inquiry; and I asked him particularly, if, on the 7th of December, he had received, in consequence of the letter from Hopkins, £1 from Esdaile's - he said he had not - I am positive of that - I asked him the question repeatedly, and he denied it - I then told him, in consequence of the discovery I had made respecting various disbursements which he had made while I was absent from the office, I should give him into the custody of an officer- he seemed confused; and while the lad was gone for the officer (which he was not aware of), he said, "It is no use denying it any longer: I received the £1 from Esdaile's on Saturday last, the 7th" - I am positive he said that in the presence of Mr. Pomeroy, who was there - I had never given him any authority to sign my name to any cheque for the receipt of money.
Cross-examined by MR. CLARKSON. Q. Do you mean to state you never gave him authority to sign your name? A. Yes, certainly, as to notices and briefs and things of that sort, the clerks invariably do it - he had authority, in my absence, to attend to the business, and to transact business in my absence under my directions - my instructions were, not to transact any business without coming to me always and receiving instructions - it was not his habit to open my letters and answer them - I told the lad in the office to tell him not to open my letters - when I took him into custody, I charged him with opening a letter, and receiving, without my sanction, 1l. - I went before a magistrate - we did not follow up that charge - the magistrate recommended me to follow up other charges, and we left this charge until I was advised to proceed on this charge, which was yesterday - we were before this magistrate on the 9th of December; again on the following Monday, and the Monday following that - I did not prefer this charge till I was advised, that in point of form, there was some little difficulty in the other indictments, or else, out of mercy to the prisoner, I did not wish to proceed on this charge - I said, in the first instance, I wished to proceed on the minor charge; but a suggestion having been made that those indictments might be objected to, I was recommended to prefer one for forgery - I am not aware that those charges are bad now - I mean to try them - I consider I was bound to follow the advice of counsel - I made a statement before the magistrate on this charge - it was not taken down.
MR. PHILLIPS. Q. If I understand you rightly, you say at first you preferred two charges, for minor offences, against the prisoner? A. Yes - I was advised afterwards that the Middlesex bills, found at Clerkenwell, were wrong - the present charge had its foundation in London - I was advised to prefer a bill in London for a distinct offence - the two charges still remain to be decided.
COURT. Q. How long has the prisoner been in your employment? A. He came to me on the 22d of November- he was not an articles clerk - I gave him 1l. 5s. a week - I was away from the office, from severe illness, from the time he came till this happened - I told him his salary should be increased.
MR. CLARKSON. Q. Did you promise him 30s.? A.Certainly not - he only asked 25s.
CHARLES STOCK. I am clerk to Mr. Dignam - I received this letter on the 7th of December - there is a shelf in the office on which I used to put the letters - I put that on the shelf - I never received any directions to open them - I told the prisoner he was not to do it - that was in consequence of directions from my master - I remember the prisoner sending me out after I left the letter on the shelf - it was on the shelf when I went out; when I returned from the message he had sent me, it was gone.
Cross-examined. Q. Is Mr. Dignam's a large establishment? - how many clerks are there when the office is full? - they call you Charley in the office? A. Yes; there is nobody besides me and the prisoner in the office - Mr. Dignam was away for two or three weeks - the prisoner did in the office as he was instructed - he went to master
Q.Now will you take your oath you ever saw that letter on the shelf, or did your master tell you to say so? A. I put it on the shelf - Mr. Dignam did not tell me to say that when I went out I left it on the shelf - I think I put it on the shelf about eleven o'clock, and I went out between three and four - Mr. Dignam was at home - he lives at Pimlico - the office is at No. 6, King-street, Holborn; only one letter was on the shelf - I do not know how much money had passed through the prisoner's hands - I received sometimes one thing and sometimes another from him - I had not received so much as 10l. or 15l. in the course of three weeks - I do not know whether he has expended much - I have been two months in the office - the prisoner was not there before me - Mr. Dignam did not come for three weeks - I did not expect that letter from Hopkins - I looked on the shelf to see if the letter was there after the prisoner went out - I did not notice it was gone till he was out and came in again - I told him of it, and he told me he had had it - he did not tell me he had opened it - he did not afterwards produce the letter to Mr. Dignam that I know of - I don't know whether Mr. Dignam settled his account with him before he charged him with this offence.
MR. PHILLIPS. Q. Are you sure he told you he had had the letter? A. Yes.
COURT. Q.How soon did you tell Mr. Dignam, the prisoner had told you he had had the letter? A.That night - I cannot say how soon it was that Mr. Dignam complained of the prisoner's conduct.
THOMAS SHEPHERD. I am a jeweller. I have seen the prisoner at Mr. Dignam's office, and have seen him write,(looking at the cheque) - the name "James Dignam" to this is a good deal like his handwriting - I believe it to be his - I know Mr. Dignam's handwriting very well - it is not at all like his.
Cross-examined. Q. Not at all an attempt to imitate his handwriting? A. The I is like his, but the D is not- I have seen the prisoner write frequently at the desk - I called at the prosecutor's office to ask how he was frequently, as he was ill at home, and I might stay there five or ten minutes - I went once or twice to Pimlico - it is my belief that this is the prisoner's handwriting - I speak from the formation of the letter D more particularly.
MR. PHILLIPS. Q. You believe it to be his writing? A. Yes.
FRANCIS POMEROY . I am a merchant, and live at No. 65, Broad-street, City. I was at Mr. Dignam's office on the 9th of December, and remember his speaking to the prisoner about receiving 1l. at Esdaile's - the prisoner at first hesitated and denied it, but afterwards admitted it - he muttered something which I could not understand - Mr. Dignum sent somebody out, and when he came back he said, "Now Mr. Cox, do you mean to say you have not received that money? I have made inquiry and found you have received it" - he then said, that it was no use denying it any longer, that he had received it - I am positive he said that.
MR. CLARKSON to CHARLES STOCK . Q. How long did the prisoner remain in your master's employ, after the conversation before Mr. Pomeroy? A. He was taken up on the Monday - I told Mr. Dignam the letter was received on Saturday night, he came to the office on the Monday, and the prisoner was taken up on the Monday.
ROBERT HEWSON. I am a policeman, E 5. I took the prisoner up - I said nothing to him then - on my way to the station-house, I said it was a very bad job for him - he said he had admitted about the letter, but he did not think Mr. Dignam would be so hard with him - I did not extort anything from him.(Cheque read.)
MR. CLARKSON to CHARLES TWIGG . Q.Is it not very common for persons receiving this sort of order to sign their employers' names? A. It may be done, but we always desire them to sign for their employers - but this was done in the country office.
MR. PHILLIPS. Q.Does the party sign his own name, or in the name of the gentleman the money is to be received for? A. If you brought the letter, I should imagine you to be Mr. Dignam, and expect you to sign the cheque - I would not pay a cheque if I knew a person to put a different name to it.
COURT. Q. In whose handwriting is the body of the cheque? A. A clerk in our country office - the whole of it must have been written at Esdaile's - the cheque was filled up ready for anybody to sign when they apply with the letter, as we had advice to pay the money - I did not see the letter - it was not presented to me - the clerk to whom it was presented is not here.
Hastings Draper, an attorney's clerk; Francis Herbert, attorney, Pimlico; Robert Waterhouse, baker, 12, Charles-street, Chelsea; James Coward , schoolmaster, 23, Stafford-place, Pimlico; James Cuthbertson, paper-stainer, Leman-street, Chelsea; and Joshua Nettleton , ironmonger, 4, Sloane-square, gave the prisoner a good character.
NOT GUILTY .
NEW COURT. Saturday, January 4th, 1834.
Fourth Middlesex Jury, before Mr. Sergeant Arabin.
MR. PHILLIPS conducted the prosecution.
JOHN ELDERSHAW . I am a constable belonging to St. Katherine Docks - on the 18th of December I saw the prisoner coming out of the entrance - I asked what he had about him, as I felt something hard at his stomach; he said,"A book" - I found it was this copper - he said he had got it from behind the privy door - he had been a workman on board the ships.
WILLIAM HENRY COULSON. I am mate of the Thompson - she was in St. Katherine's Dock - the prisoner was employed on board - I had two sheets of copper on board;
The prisoner pleaded poverty.
GUILTY . Aged 36. - Confined One Year .
288. THOMAS CRASKE was indicted for stealing, on the 11th of December , 1 piece of ivory, value 5s. , the goods of the St. Katherine Dock Company , to which he pleaded GUILTY . Aged 38. - Confined Nine Months .
MR. PHILLIPS conducted the prosecution.
JOSEPH HOLDWAY. I am an officer - on the 4th of December I was stationed at St. Katherine's Dock - I saw the prisoner coming out, and desired him to take his hat off; he refused to do it - I took him on one side and repeated the request - he again refused - Mr. Taylor came up and desired him to do it - he refused, and I took it off by main force - as he put up his hands to keep it on: I found in it a bladder with two quarts of claret wine in it - I asked where he got it - he said he did not know - we took him to the office and found on him this gimblet, this spile, and this bit of the neck of a glass bottle - Mr. Carter asked him where he got the wine - he said from B vault - that vault contains claret - the prisoner worked there as a painter.
Cross-examined by Mr. STAMMERS. Q. Did you measure the wine? A. Yes, with a quart-pot I got from a public-house - I know it is claret wine by tasting it - I am not in the habit of tasting claret, but I have tasted it when I was in service. I do not know how many men were at work in that vault beside the prisoner.
JOSEPH TAYLOR . I am superintendent of the police at St. Katherine's Dock - I saw this wine and these other things found on the prisoner - I examined the vault, and found a cask had been spiled, and this gimblet fitted the holes - the prisoner attempted to make his escape.
Cross-examined. Q. How many persons were at work there? A. I do not know; there were a great many; there was a vault-keeper and several others - the usual way of tasting wine is by taking it from the bung-hole: I have seen it spiled, but it is not usual - one spile hole was left vacant, and another had a new spile in it.
COURT. Q. Do merchants ever taste by a spile? A. No.
GEORGE PITTENDRIGH. I am foreman cooper of vault B - the prisoner was employed to paint there.
DAVID HUNTER. I am keeper of the B vault - I drewsome wine out of the cask; it was partially leaking - it is claret wine.
Prisoner's Defence. I am perfectly innocent of the robbery. I was engaged to paint a box and three pieces of board for the "Lord of the Isles," and received the wine for it. I told the officer so, and he made a laugh at it. There is no proof that I got the wine out of the cellar - I was not stopped till I got to the front gate - the reason I did not state where I got it was, I did not know but that it was smuggled - I am guilty of having it, but I did not steal it.
GUILTY . Aged 33. - Transported for Seven Years .
CHRISTOPHER PENRYN ASTON . I am a gun-barrelmaker , and have a house at No. 26, Little Windmill-street, Golden-square - I left these gun-barrels in my shop there on the 24th of December, between five and six o'clock, when I left to go home to Paddington - my shop has no communication with the rest of the house - I employ several men there, and I left my brother in the shop that night - on the next day he came to dine with me, and said the shop had been broken open - I saw it afterwards - the staple had been wrenched off, and my brother had stuck it in again - I was sent for in a few days to the station-house, and saw my property.
Cross-examined by MR. PHILLIPS. Q.How many persons lodge in the house where your shop is? A. I let three floors - I have seen the prisoner about the neighbourhood - he says he is a farrier.
WILLIAM HENRY ASTON . My brother left me in the shop that night - I went away about half-past five o'clock, and fastened the door in the usual way, and put the key in a secret place - I went the next day, between eleven and twelve o'clock, and found the door wide open - it had been broken open - I missed fifteen or sixteen gun-barrels.
GEORGE WARD (police-constable B 131). I was on duty at a quarter past twelve o'clock at night on the 24th of December, in Orchard-street, Westminster - I saw the prisoner, with eight of these barrels on his shoulder, and one in his hand - I asked who they belonged to - he said he did not know, nor did he know where he was going, but a person had given them to him from a cab, and had given him a glass of gin to carry them - I asked where the person was - he said, "I don't know; is not he here?" and seemed to be looking about - I said that story would not do, he must go with me - he said, "Take the barrels, and let me go" - I said that would not do for me - my brother officer came up - I told him to take the prisoner, but he made some resistance - a soldier came by, I asked him to take the barrels, and I assisted to take the prisoner.
Cross-examined. Q. There was no concealment of them? A. No: he was about two miles from the prosecutor's.
MR. ASTON. I can swear to one of these in particular, and I believe the others are mine.
Prisoner's Defence. I was coming down Dean-street, and a cab stopped at the corner - a man got out of it who had a shooting-jacket on, and an apron - he asked me to carry these barrels down the street, and said he would give me a glass of gin - I did not tell the officer I had had it - I left the man settling with the cabman, and I went down the street where the officer met me - I made no resistance; but I said, "Don't pull me about, I will go with you - I have done no harm."
GUILTY . Aged 21. - Transported for Seven Years .
CHARLES TRESS . I am a cheesemonger , and live in Bethnal-green-road - on the 16th of December I was at home - I did not see this pork taken; but the prisoner was taken in crossing the road with it, and I know it is mine.
GEORGE KEMP (police-constable N 82). I saw the prisoner in Hackney-road, and followed him to the prosecutor's shop - I saw him take the leg of pork from the window and give it to another person who was with him - I seized the one who had the pork - he slipped from me, but dropped the pork - I took it up, and took the prisoner.
Prisoner's Defence. I was crossing the road, and the officer took me - I know nothing of the robbery.
GUILTY . Aged 25. - Transported for Seven Years .
ROBERT SHIPWASH . I sell mineral water , and live in Ryder-street - I did not see the prisoner till he was at the office, but I lost this coat, on the 26th of December, from a trunk in my shop - I had seen it safe between nine and ten o'clock.
JAMES SMITH. I am a chimney-sweeper, and have known the prisoner about eight years - on the 26th of December I saw him - he said he was going to get a shilling for a Christmas-box - he went to the prosecutor's, and told me to wait round the corner - he came with the coat, and said it was given to him for a Christmas-box; and by his coming so boldly with it, I really thought it was so - he said if I would go with him, he would try and sell it, and give me something to drink, but he left me soon after without selling it.
JURY. Q.Have you not been tried lately? A. Yes: on account of the prisoner's putting some sacks in my cellar.
GUILTY . Aged 23. - Transported for Seven Years .
292. JOHN BALAY was indicted for stealing, on the 24th of December , 2 beds, value 4l.; 2 bolsters, value 10s.; 2 pillows, value 10s.; 1 blanket, value 1s. 6d.; 1 quilt, value 1s. 6d.; 2 pair of sheets, value 4s.; 1 table, value 6s.; 2 chairs, value 2s.; 1 fender, value 1s.; 1 set of fire-irons, value 3s.; 1 tea-kettle, value 1s.; 1 tea-pot, value 1s.; 1 sugar-basin, value 1s.; and 1 looking-glass, value 4s. , the goods of Martha Catharine Townsene .
MARTHA CATHARINE TOWNSENE . I am a widow - I let a furnished room, in St. Pancras , to the prisoner and his wife, in May last, for 4s. a week - they paid me at first, and then asked if I could let the rent go until he received his money from Somerset-house - they left me without notice, and about 4l. in my debt - I have not found any of my property, but the duplicate of a picture which was pawned for 4d. - I lent his wife a fur-tippet on Christmas-eve, and on Christmas-morning I went into their room and they were gone - on the Friday after, I saw the prisoner at the work-house - I charged him with the robbery - he said he knew it; and he said he had sent his wife into the country with the duplicates; but I have never got them.
Prisoner. Q. Did you not tell my wife to pawn some of them, and say it would be of no consequence if they were restored? A. No; I once lent her an article to pawn to get her gown out.
EDWARD LODGE (police-constable S 64). I took the prisoner, on the 27th of December - in the way to the station-house, I said, "Have you any duplicates about you?" - he said, "No; I have sent my wife eighty miles into the country to keep her out of trouble."
Prisoner's Defence. When Mrs. Townsene asked my wife for money on Christmas-eve, my wife told me to step out, and she would tell me how we were circumstanced - when we got out she would have gone down on her knees to me, and told me of it - she said, "Mrs. Townsene does not know of the greater part of these things being pawned; you had better not go home; and on Saturday we shall have money, and we will get them" - I said I would keep up if I could; but being ill, I could not go far - I then took off my shirt, and got 1s. for it to get a lodging - my wife promised to see me the next day, but she has deserted me, though I would have laid down my life for her - I then went to the workhouse, where I was taken by the officer.
GUILTY . Aged 66. - Transported for Seven Years .
293. JOSEPH BROWN , alias JOHNSON , was indicted for stealing, on the 7th of December , 1 coat, value 8s.; 1 waistcoat, value 1s.; 1 pair of stockings, value 6d.; and 1 comb, value 4d. , the goods of George Turner .
GEORGE TURNER. I am a French-polisher , and live in Half-Nicholl-street - the prisoner lodged in the same room, but slept in another bed - on the night of the 6th of December, I went to bed between eleven and twelve o'clock, and put my coat, waistcoat, and stockings, in a chair between the two beds - the prisoner was in bed - when I awoke in the morning, the prisoner was gone, and these articles also - I found my coat at the pawnbroker's the same day - I had lent him the same coat to pawn once before - the prisoner was taken the same day - he is a velvet-weaver - he said he did this to get tools to go to work with.
JOHN BOARD. I am a pawnbroker - on the Thursday before the 7th of December, the prisoner pawned this coat, and redeemed it - on the Saturday, he brought it and pawned it again for 5s.
DENNIS REGAN (police-constable H 22). I took the prisoner, and found these stockings, waistcoat, and comb on him.
Prisoner. I did it from distress.
GEORGE TURNER. I know he was in distress; and he had a place to go to work at - he did buy some tools with part of the money.
GUILTY . Aged 18. - Transported for Seven Years .
294. THOMAS BRANT was indicted for stealing, on the 25th of December , 1 hat, value 16s., and 1 handkerchief, value 2s., the goods of James Harris , from his person, and that had been before convicted of felony .
JAMES HARRIS . I am a painter - on the 25th of December, I was walking along Wilson-street, Finsbury , about half-past nine o'clock in the morning - my hat was taken from my head with the handkerchief in it - I have never seen it since.
BENJAMIN NEAL. I saw the prosecutor walking along the street, and the prisoner snatched his hat and handker
GUILTY . Aged 17. - Transported for Fourteen Years .
MR. PHILLIPS conducted the prosecution.
ELIZA THORN . I am single , and live at No. 2, Claremont-place, Judd-street - on Tuesday evening, the 3d of December, I was at Drury-lane Theatre with Miss Wilson and another acquaintance - I felt poorly, and a gentleman got a coach and put me in it, and Miss Wilson came on the steps and bade me good night - I was quite sober - I think it wanted a quarter to eleven o'clock, the overture was playing to the last piece - I heard the gentleman, who handed me into the coach, direct the prisoner, who was the coachman , to drive to my residence, and he then returned to the theatre - after going some little distance, I felt faint, and desired the coachman to stop and get me a little water - he stopped at a public-house to get it - I gave him sixpence, which was all I had in my purse, and told him to get a little brandy in it- he brought me something - I drank some, and threw myself back, and said, "O dear, I am very unwell, but I shall soon be home;" I said that in a voice which he must have heard - I think this was in Leigh-street - I think I recollect the coach-door shutting, but I became insensible, and recollect no more till nine o'clock the next morning - there were two men got on the coach-box when I first got into the coach - I had at that time two rings, two chains, a pair of ear-rings, a locket, a cameo brooch, and a thick gold chain with a snap, set with amethysts - one of the rings was rather too large for my finger, and would require but little force to get it off; but the other was rather tight, and my finger was grazed in taking it off - I had this boa on, it was perfect when I left the theatre, but the next morning it was in two pieces.
Cross-examined by MR. STAMMERS. Q.What is your real name? A. Thorn - that was my father's name - I have gone by the name of Wood - I came from Guernsey, and have lived where I do now for two years - I have received gentlemen - I do not know who drove me to the theatre that night - I do not recollect that the prisoner had driven me at other times - I am certain he has not many times - my servant says he has driven me, but I do not know it - I had part of a tumbler of wine-and-water at the theatre with a friend of mine whom I saw there - he had brandy-and-water - I tasted that, but I chose the wine and water - I had nothing else before I got into the coach - I had been in the boxes - the wine-and-water came from the saloon, but I did not go into the saloon - I did not examine my articles of jewellery when I got into the coach, but I am quite certain they were all on, and both my shoes were on - the coach stopped in Leigh-street - it has been ascertained that a coach stopped in Great Queen-street - I cannot swear that that coach did not stop there, but I do not recollect it - I had only a sixpence in my purse, and that I gave the prisoner to get the brandy-and-water - I do not remember taking any rum-shrub in the course of that evening - the boy states that some rum-shrub was bought in Leigh-street, but I did not take any, nor see any that I know of, but I do not know what was given me - I saw the brandy-and-water in a small tumbler - I cannot tell what time I left Leigh-street, but it was a very short time after I left the theatre that I arrived there; it could not have been twelve o'clock, as the shops were all open - I did not give the prisoner a shilling in the course of that evening - I had only half-a-crown when I went out, I paid 2s. for riding to the theatre, and had only 6d. in my purse.
MARY ANN WILSON . I lodge in the same house with the prosecutrix - on the 3d of December I was at the theatre with her - she fainted away in the theatre, and a gentleman got her a coach - I put her tippet on, and saw her get into the coach at a quarter before eleven - I returned home after the performance - I know Leigh-street - it is about three or five minutes' walk from where the prosecutrix lives - I got home about half-past one o'clock - I found the prosecutrix in bed, and a surgeon bleeding her - she appeared to me to be dead - she has not recovered herself since - she was not sensible till nine o'clock the next morning- she was quite sober when she left the theatre - she had a gold chain fastened with amethyst, and her other ornaments, this boa was entire.
Cross-examined. Q. How long have you lived with her? A. Seven months - I have seen her faint, but never saw her so bad as she was then - I never saw her intoxicated - I saw her faint once before, when she came home from the country - I do not know where she had been after she left me that night - she had her shoes on when she left the theatre.
WILLIAM TUCK . I am pot-boy at the Norfolk Arms in Leigh-street - about half-past eleven o'clock at night, on the 3d of December, a coach came to my master's door - I cannot tell who was the coachman; but he came into the house and asked for a quartern of rum and shrub, which he took outside, and handed one glass into the coach - he came in again, called for another quartern, and handed another glass into the coach - he then came in and called for another quartern, and took that out; but I did not go out that time - he then came in again, took out sevenpence, and said, "Give me as much brandy and water as that will buy" - he had it, and took that out - I then heard a female, who was in the coach, burst out into a little bit of a laugh - I saw her fall back, and say, "Oh dear" - the prosecutrix's house is about a quarter of a mile from my master's - when the coachman heard the word, "Oh dear," he came out of the house, stood upon the step, and moved the female - the door was open, and I saw he moved her, but I do not know why - he then got on the box, and left about twelve o'clock, or close upon twelve - he went down Judd-street at about four miles an hour.
Cross-examined. Q.Have you any doubt that the first
MR. PHILLIPS. Q. You did not see another man outside? A. No: there might have been a man inside the coach.
COURT. Q.There were three servings of rum and shrub? A. Yes: the coachman paid for them at separate times, and then for the brandy-and-water - I cannot swear the prisoner is the man - I had not seen him before.
MARIA ATKINSON. I am servant to the prosecutrix - I remember her going to the theatre on the 3d of December - she had her trinkets on, and her gold chain and boa - she came home in a coach driven by the prisoner between five and ten minutes to one o'clock - she was then in a state of insensibility; and her boa was torn; her chain and rings were gone, and her dress was drenched with what appeared to be clean water; but the coach appeared quite dry - I told the prisoner the things were missing; and I searched the coach - I found her empty purse and her eye-glass at the bottom of the coach - the glass had been attached to the gold chain - her bonnet and one of her shoes were at the bottom of the coach - the other shoe was lost - I asked the prisoner twice where he had brought her from; and he said direct from Drury-lane, and that was all he knew of the robbery - I looked at the clock, and it wanted five or ten minutes to one o'clock - I am certain of the time - Leigh-street is three or five minutes walk from our house - I sent for a surgeon - it was about nine o'clock the next morning before my mistress was sensible.
Cross-examined. Q. How long have you lived with the prosecutrix? A. About nine months - I know her way of life - I believe her clock is generally right by the parish clock - I do not know how the clock might be at the public-house, in Leigh-street - when I went to open the coach-door, the prisoner offered to assist me, but I said, "No, thank you," and a gentleman, who was in the house, assisted me to get her in doors - I never saw my mistress the worse for liquor - I have seen her drink a glass of wine - the surgeon said she had had something improper given to her which she ought not to have had.
MR. PHILLIPS. Q. Did you hear the word "opiate?" A. Yes, he mentioned the word - he bled her directly he came, and said she was not to be allowed to sleep - he stayed with her himself till five o'clock in the morning.
JAMES DYER (police-constable E 81.) I took the prisoner on the 5th of December, about eight o'clock in the evening - I asked him if he knew anything of the jewellery, he said, "No," but the lady had it on when she got into the coach, and he knew nothing about the robbery - the shoe has not been found.
Prisoner's Defence. I never told him she had her jewellery on - she fainted at the theatre, and that is where the water went over her dress, by the applewoman belonging to the theatre - I was told that by my own wife - I had brought this lady home twice before in the same state - she told me to pay for the rum and shrub, and she would pay me when she got home - some of her property was found at the theatre the next day - the pot-boy said at the office that the coach left the public-house at twenty minutes after twelve o'clock, and Atkinson stated it arrived at home twenty minutes before one o'clock.
GUILTY . Aged 32. - Transported for Life .
CATHARINE HARTLEY . I know the prosecutor's premises, near Golden-square - they deal in mahogany - on the 2d of January I saw the prisoner loitering about their premises for an hour - he was part of the time leaning against my door-post, and there was another man opposite him - I did not see the prisoner go into the yard, but I saw him come out with this log on his shoulder - I went to the counting-house, and asked if they had sold a log - they said"No" - I said, a man had gone out with one, and gone down Poland-street.
Prisoner. A man hired me to carry it down Poland-street.
GUILTY . Aged 19. - Confined Three Months .
HENRY SOLOMONS . I was crying, "Old clothes," on the 1st of January, between ten and eleven o'clock in the morning, near Gray's-inn-lane - the prisoner Johnson came to me, and said she had an old coat and waistcoat to sell - I asked her where, and she took me to a one-pair of stairs room, in Bell-court - she fastened the door when we got into the room, and I asked her where the coat and waistcoat were- she said "Stop a minute" - she then opened the door and let in the other prisoner - the door was then closed again, and I heard a man and a woman on the stairs - Johnson then ordered me to open my waistcoat - I said, "For what?"- she then opened it, and the other prisoner took my crown piece and 1s. 6d. out of my pocket - Johnson said to me,"I will knock your b-y brains out if you make a noise" - I made no noise, but presently the door was opened, and a man and woman came in - I ran down very much frightened - I went to Holborn and got a policeman - we came down to the door, and the two prisoners were standing outside, and I pointed them out - Ashton had her hand closed; the officer opened it, and found a crown-piece and three pence half-penny in it - we took them; and, in going up Holborn, she said, "You will go against me" - I made no answer; she then said, "If you will not go against us, I will give you your 6s. 6d. back."
Johnson. He came into the court and asked me if I would go up stairs with him. Prosecutor. No, she invited me up.
Johnson's Defence. I was not given in charge till we got
JOHNSON - GUILTY . Aged 19. - Transported for Life .
ASHTON - GUILTY. Aged 27. - Judgment respited .
ANN KERR . I am a widow , and take in washing - the prisoner is my son - I sent him and my daughter to receive 1l. 12s. for me - his sister received it and gave it to him - he came home, but has never given me the money.
GUILTY . Aged 25. - Transported for Seven Years .
299. MARGARET STIGGLES was indicted for stealing, on the 19th of December , 1 watch, value £2; 1 seal, value 10s.; 1 watch-key, value 1s.; 1 ring, value 1s.; 1 watch-chain, value 6d. , the goods of Charles Harkins ; and WILLIAM TAYLOR was indicted for feloniously receiving the same, he well knowing them to have been stolen , against the Statute, &c.
CHARLES HARKINS . I am a millwright - on the 19th of December I met Stiggles in Mile-end-road, between eleven and twelve o'clock in the day - she had a black eye - she was a stranger to me; but she came up and passed the compliment of the day to me, I said, "If you will come and have a drop of beer, I do not mind standing a pint" - we went to a public-house and had something to eat and drink - we stopped there an hour and a half - I then said I was going down to Limehouse to deliver some goods - we went down there, and I took her to another public-house, and had some more beer, and a quartern of gin - I was not drunk - I knew what I was about - she then said we might go to some place more convenient; and we then went to a house in Bluegate-fields - we went to bed together - I put my watch under the pillow - I had only a few coppers left which I gave her - when we had been in bed a few minutes she got up, and said she would go for some rum to treat the landlady - soon afterwards the landlady came into the room, and said, "Where is this good woman?" - I then missed my watch - I did not see Taylor at all.
JAMES JOHN CONELLY (police-constable H 135). I was sent for to Whitechapel watch-house, where I saw the prosecutor - he described the person, and I went and took a woman; but she was not the right one - I afterwards found the two prisoners sitting on one form in a lodging-house in Rose-lane, Spitalfields - Stiggles opened the door when I knocked, and asked what I wanted - I made no reply, but sent for the prosecutor - he said she was the woman, and I took both the prisoners.
Property produced and sworn to.
Stiggles' Defence. My father and mother sent me some money to go down into the country, and take my child - I had been drinking - when I was in the lodging-house that morning, the prisoner, Taylor, came in and said he had found this pocket-book, but there was nothing in it of any consequence - the officer then came in and sent for the prosecutor, who told me to turn round, and I did, and he said I was the woman - the officer took 7s. 3d. from me - my husband has used me ill, and lives with another woman.
STIGGLES - GUILTY . Aged 29.
TAYLOR - GUILTY . Aged 34.
Transported for Seven Years .
MR. CLARKSON conducted the prosecution.
WILLIAM FULLWOOD . I am in partnership with my two brothers - we live in Somerset-street, Hoxton , and manufacture annatto - when it comes from abroad, we call it flag annatto - the prisoner was in our employ, but left us in October, in consequence of illness - in November we missed a considerable quantity of annatto, and I went to Mr. Nicholson's, in Bermondsey, about three weeks ago, where I found fifty pounds of flag annatto, worth 1s. 6d. a pound - it is part of what we lost - the prisoner was employed to manufacture it.
JOSEPH NICHOLSON. I am a dyer, and live in Grangewalk, Bermondsey; but my dye-house is in Snow's Fields - I showed Mr. Fullwood the annatto which I had from Carcass.
THOMAS ENGLAND. I am a porter - George Vanheson took me to Mrs. Howe's, in Crab-tree-row, and I carried the annatto from there to Mr. Nicholson's.
HANNAH HOWE. I lived in Crab-tree-row - when I went home one evening in August, I saw a bag of stuff in my room, which looked like red ochre - I showed it to Vanheson- I don't know how it came there - they gave me some money, which I gave to my son to give to the young man - I had not seen the prisoner.
Prisoner. Q. Did you never sell about two hundred weight, and take me up into your room, and tell me you had got 4l. 10s. for it? A. No: I never saw you that I know of
JOSEPH HOWE. I am son of the witness - I know the prisoner - I met him in Church-street, Bethnal-green, in August last - he asked me if I would let him bring a parcel to our house the next morning; and I said he might if he liked; and he brought a bag of flag annatto, and left it in the down stairs room, and said he would meet me another time - I saw a horse and cart at the bottom of the turning - I received about 30s. from my mother three or four days afterwards, which I gave to the prisoner the same evening in Church-street, Bethnal-green - he gave me half-a-crown.
Prisoner. Q. Did you never carry about two hundred weight into your mother's house from Mr. Fullwood's cart? A. No; I did not bring you 4l. 18s. and receive 1l. 9s. of it myself - I did not buy the clothes I have now on with it.
GEORGE GRAVES. I am an officer - I remember the prisoner being examined on Tuesday last - when I took him to the lock-up room he said, "The whole truth shall come out, I will show up the real thieves" - I had not promised or threatened him - he began to tell me something - I said,"You had better say nothing to me, but write it down, I will call for it;" I called and got this letter from him.
MR. FULLWOOD. This is his writing, and this is our annatto.(Letter read.)
"Newgate, Jan. 1, 1834.
"I have known the witness, Joseph Howe, about eight months ago. I met him in August last in Crab-tree-row; he asked me where I was going? I told him nowhere particular; he asked me what was the matter with my hands; I told him it was my work; he asked me what work it was; I told him; he asked me if I could get any of the stuff? I told him I never had; I told him I did not like; he said he could put it away; I said I would get some; on the Friday I took him about 24 pounds, he sold on the Saturday; he had four half-crowns; he gave me two of them; we went to the Adam and Eve together; the next week I took him about 180 pounds to the end of Hare-alley; he carried it to his mother's house; I waited for his coming back again to me. On the Friday night following he told me it was sold for sixpence-halfpenny per pound; he said his mother was going with it along with Vanheason; he said it was sold in Wheeler-street; I asked him if he knew their names; he said, No. About half-past eight o'clock I went to Mrs. Howe's house; she told me it was right; she showed me a bill; I did not know the handwriting; it was wrote very bad; she told me that she had given Vanheason five shillings and the porter a shilling, and they had sixpennyworth of gin; we had some conversation with her; I then left her house and went to the Adam and Eve to meet him; he was there; he called me on one side and told me it was all right; he gave me two sovereigns and eight shillings; he said he had the same; he showed me the same quantity of money that he gave me; he said he should buy a suit of clothes with his money; I met him on the Saturday; I met witness in Church-street; he had on new clothes; I said to him, You have turned a Gentleman all at once; he said, When shall you get any more? I told him in a few days. The next week I took some to his mother's house - it was to fetch 4l. 8s. 6d.; it was at his house about four days; I asked him if it was sold? he said he had not got an answer about it yet. On the Friday night his mother came to the Adam and Eve; she said to her son Joseph, 'Have you taken the stuff?' he said 'No:' she said, 'Some one has stole it then;' she called me on one side and said, 'Bill, some one has stole the stuff out of my house; I know it is Vanheason is the thief.' I said, 'That is a very pretty thing for me;' he said, 'I followed him with a load all down Bermondsey; I lost him there: I know it was him.' I have been in her sons' company many times since; this is the whole truth; what they say is false. As for knowing anything of the other prisoner, or anything of any cake annatto, I never sold any in my life.
"I hope Mr. Fullwood will come or send to me to-morrow, and let me know, as I want to make my defence, and to know if he intends to prosecute the witness. Do not forget it, if you please."I remain yours,
"To George Graves,
"Police Office, Worship Street." "W. J. GOODE."
Prisoner's Defence (written)."I have known the witness, Joseph Howe, about a month - I met him in August, in Crab-tree-row - he asked me where I was going - I told him nowhere particular - he asked me what was the matter with my hands - I told him it was my work - he asked me what work it was - I told him - he then said, 'Cannot you get any of the stuff?' - I told him I did not like - he said he could sell it - he said he would meet me with it anywhere - I took about twenty-four pounds of flag annatto to the witness's house, which was sold by Mrs. Vanheason - I received 5s. from Joseph Howe ; that was my share of the money - in the course of a few days I took to the witness's house some more, which was sold by the witness Vanheason - it was sold for 5l. 4s. 6d. - Howe told me it was sold in Wheeler-street - Vanheason had 5s. for his trouble, and the porter had 1s. for taking it in a truck - Mrs. Howe told me that her son had got all the money - I went to meet him at the corner of Brick-lane, where he called me on one side, and gave me 2l. 9s. for my share - I was to meet him the next night, which I did, and he had a new suit of clothes on - he said, 'When shall you get any more?' I told him I did not know - he said, 'Cannot you get some next week?' I said, 'I will see the following week' - I took him about 180lbs. of it - I took it to the end of Hare-alley, in Mr. Fullwood's cart - Howe carried it to his mother's house - I waited for him coming back - he said, 'It is all right' - he rode with me in the cart into Shoreditch, where I left him, and he went to his home - I went to his house at night - he told me he had cut the name off, and should get a customer in a few days - there was about 140lbs. of cake annatto among it - it was to be sold for 4l. 8s. 6d - I was to have 2l. 4s. 3d. for my share - in about four days' time Mrs. Howe came to the corner of Brick-lane, to the Adam and Eve, and asked her son Joseph Howe what he had done with the stuff? - he said he had not touched it - she said, 'It is stolen' - she then came to me and called me aside, and said, 'Bill, the stuff is stolen'- I said, 'Who could have stolen it?' - she said, 'Vanheason is the thief I know, for I followed him to Bermondsey with a load, and then I lost him; I know it must be him and no one else - I have seen George Godfrey and Joseph
GUILTY . Aged 18. - Transported for Seven Years .
301. NATHANIEL COHEN was indicted for receiving, on the 31st of October , 90lbs. of cake annatto, the goods of W. Fullwood and others, which had lately before been stolen, he well-knowing the same to have been stolen .
MR. CLARKSON declined the prosecution.
NOT GUILTY .
ROBERT JOHN FEATHER . I keep the Fox, in Fox-lane, Shadwell - the prisoner and another man brought me some Scotch ale from Messrs. Berwick and Co. on the 2d of January - I was down with them in the cellar, and had occasion to leave them and come up stairs - when I went down again I saw the prisoner looked rather bulky - I turned his apron aside, and found a bottle of port in one of his breeches pockets, and a bottle of sherry in the other - I had both port and sherry in the cellar, but had no mark on them - he begged me to forgive him.
Cross-examined by MR. STAMMERS. Q. You do not know whether he had these bottles when he came to your house? A. No; he was intoxicated.
Mr. Cunningham, Mr. Clark, and Mr. Cooper, gave the prisoner a good character.
GUILTY . - Aged 29. - Recommended to mercy by the Jury, believing it to be his first offence. - Confined Three Months .
303. WILLIAM BUTLER was indicted for stealing, on the 2d of January , 2 coats, value 5l.; and 1 handkerchief, value 2s. ; the goods of John Price - and HENRY HARBER was indicted for feloniously receiving the same, well knowing them to have been stolen .
JOHN PRICE . I am a harness-maker , and live at Hythe, in Kent - I was in London on Tuesday, the 31st of December, and met with Butler, who was a stranger to me - he took me to sleep at a house in Westminster , and while I was there, Morgan saw him take my clothes - I know nothing of Harber.
MARY ANN MORGAN . I lodge in the house - I went home at half-past ten - the prosecutor and Butler, and a girl, were there - Butler came out, and said they had a flat to deal with, and they would take everything from him - I went in, and was sitting on the bed talking to the girl Cooper, who was in bed with the prosecutor, and Butler took the prosecutor's great coat out of the room - he then came in again and took his other coat - he took them into the next room, and said he was going to get Harber to take them, and keep them till the next morning, and then return them to him.
THOMAS SUTTLE (police-constable, B 97.) About three o'clock on Wednesday morning the prosecutor came and said he had been robbed of the two coats - he took me to the house - I found Butler there, who said he had been robbed of his coat likewise - I took him and Cooper to the station - I then went back and took Morgan; and when she was going to be locked up, she said that Harber was to meet Butler and her at the Duke of York's monument - we went there and found him sitting on the step with these two coats on over his own, and this handkerchief round his neck - I asked him if he did not live in Jeffrey's-buildings - he said "No" - I then took him.
Property produced and sworn to.
Butler's Defence. On the evening I met the prosecutor,(that was the first time I had seen him) - he asked me to go with him to Merton, which I did - as we came back we drank a great deal; and we met Cooper, who took us to an eating-house near the Surrey Theatre, where we had something to eat and drink - she then took us to a house in Jeffrey's-buildings, where she and the prosecutor went to bed, and I was sent to get something to drink - the prosecutor's clothes were then safe - when I returned I bade them good night; and I was to call the prosecutor early in the morning - I slept on the stairs - I do not know whether I pulled my coat off or not; but in the morning I awoke stiff with cold - I felt for my coat, and it was not there - I awoke the prosecutor - he missed his clothes, and said he should go and try to get them - I said, "Go to the station-house, by all manner of means;" and I stayed till he came back with the officer and took me - I deny having seen Harber till he was taken - I do not know whether Morgan was in the house or not.
Harber's Defence. I found the clothes the night before.
BUTLER. GUILTY . Aged 20.
HARBER. GUILTY . Aged 19.
Transported for Seven Years .
MATTHEW PEAK (police-constable, G 198.) I met the prisoner in Bath-street, on the 24th of December, carrying this range - I followed him to the Willow-walk, and he set it down at a shop-door - I asked him what he was going to do with it? - he said, to sell it for his mother, who lived in Draper's-place, Old-street - I went there, but could not find her - I went back and told the prisoner so; he said,
Prisoner. His house is in St. Luke's, and I am indicted for stealing in the parish of Shoreditch.
GUILTY . Aged 22. - Confined for Three Months .
JOSEPH OLIVER . I know Mr. Prior's shop in Finsbury-place - on the 30th of December, I saw the prisoner go in and take the handkerchief off a rail - he was going to give it to another boy a little taller than himself - I took the prisoner and the handkerchief - the other boy ran away.
GUILTY . Aged 11 Years. - Transported for Seven Years .
Fourth Middlesex Jury, before Mr. Common Sergeant.
JAMES COINS . I am servant to Mr. Brace, the prisoner was servant to Mr. Coton - on the 3d of October I went to Mr. Coton's field and bought half a load of hay of the prisoner, and paid him 2l. 2s. for it - I understood from him that he was to pay that to his master - I asked him to give me a bill of it, which he said was a thing they seldom did.
Prisoner. What he says is quite correct.
EDWARD COTON . I live at Chelsea - I have a farm where the prisoner was employed for about twelve or fifteen months; he was to carry hay to market , but I always met him and sold it there - he was not to sell hay at the rick for me - I never authorized him to do so - I believe he has done it, but not by my order - he did it to cheat me.
NOT GUILTY .
The witnesses did not appear.
NOT GUILTY .
OLD COURT, Monday, January 6th, 1834.
Second London Jury, before Mr. Recorder.
HENRY ANDREWS . I live at 45, Old Bailey, and am under-book-keeper at the Bell Sauvage, Ludgate-hill - on the 3d of December I missed a parcel off a small shelf behind the desk, in the coach-office of the Bell Sauvage - the coach-office has sleeping rooms over it, and is part of the dwelling-house - it is attached to the rest of the dwelling-house - there is no communication below - Mr. Robert Nelson's family sleep in the rooms above - it is his dwelling-house, and in the parish of St. Bride - the parcel was on a side-board in the office - the name of "Bigmore" was on the parcel, and either "Newington-place or terrace, Kennington"- I had only one parcel with that direction - I had seen the prisoner in the booking-office twenty minutes or half an hour before I missed the parcel - I had seen no stranger there except him - I put the parcel on the board between twelve and one o'clock, and missed it between four and five - the prisoner came in about four o'clock - he came in and said,"How do you do?" he came up to the counter - talked to my fellow-servants, and warmed his hands by the fire, and asked us to take some snuff - I was at the books - he asked me to take snuff - I refused - he went to the fire and warmed his hands, then gradually got to the spot where the parcel was lying - nobody else except my fellow-servants and Mr. Edgell came into that place that afternoon - the prisoner called on former occasions to see if I could tell him of a situation - he only walked in and asked how we did on that afternoon - he did not ask for a situation that day - I signed this deposition - it was read over to me - I have never seen the parcel since - it came to the office by the Haverill coach.
SAMUEL BIGMORE. - I live at Haverill, in Suffolk - I sent a parcel on the 2d of December by the Haverill coach - it was directed to Mary Bigmore, Kennington-common - it contained twenty sovereigns - I wrapped it up between two pieces of wood, and a newspaper round it, and outside was a piece of blue paper - it was a small parcel - it was directed to No. 1, at Mr. Dawson's, Newington-terrace or place, Kennington-common - I gave it to John Regulus, the coachman at Haverill - he is a servant of the proprietors - the coach is called Nelson and Tregitt's coach - I wrote on the outside "£20" - I did not insure it - there was a letter in the parcel.
SAMUEL BIGMORE. It was written in figures very legible - not an inch long.
HENRY ANDREWS cross-examined by MR. PHILLIPS. Q. How many hours after the coach arrived did you see the prisoner warming his hands by the fire? A. Twenty-four hours - it was four hours after I had last seen the parcel, that I saw the prisoner warming his hands - it had been out of my sight four hours - it is a regular coach-office; but not the office which persons come to to take places - there was no stranger near where the parcel was - my three fellow-servants were in the office, and Edgell - my fellow-servants are not here - I was attending to my business, casting up the books - I had my dinner in the course of the four hours - I dined in the office - my sister brought it to me; but she was not round the counter - the others were round the counter - they came round to mark off the book - I cannot say whether "20l." was written on the parcel or not - I did not notice it much - I had other parcels to mark off - I put it in a place of safety - I have been there about four years - two book-keepers have left lately, but not under charge - it was about eight or nine months ago.
Prisoner. I am innocent - I leave my defence in the hands of my counsel.
Captain William Hewitt, R. N.; John Ker , sack-merchant, St. Mary-at-hill; Robert Harris , accountant, High-street, Borough; and Samuel Sherman , tailor, Wood-street, Cheapside, gave the prisoner a good character.
NOT GUILTY .
304. HENRY SMITH was indicted for that he, on the 28th of September , at St. Catherine Cree Church, alias Christ Church, feloniously did forge a certain receipt for goods , with intent to defraud Elias Moses and another, against the Statute.
2nd. COUNT, for feloniously uttering, disposing of, and pulling off a like forged receipt, well knowing it to be forged with a like intent.
2 other COUNTS. Like the two former, only calling the instrument an accountable receipt.
ISAAC MOSES. On the 28th of September, 1831, the prisoner was in my employ - I was in partnership with my father Elias Moses, and lived in Hounsditch - the prisoner was a porter - on that day I sent him with a quantity of slops, packed in four different trusses - one directed to Richard Lee, of Huntingdon - another to S. Gosling, of Wivelsfield, and John Hollingsworth, of Birmingham - and another to William Collins, of Devizes - they were to go to the Three Cups, Aldersgate-street; the Talbot-inn, in the Borough; and Elephant, in Fore-street; and the Greyhound, Milton-street - on the prisoner's return he brought back the delivery book - I have got it here (producing it) - the value of the goods was about 50l. - I made inquiry about it afterwards in consequence of what happened - the body of the receipts were written in our house, and he had to get them signed by the person to whom he delivers the goods - I have brought this book from No. 150, Minories, where I now live - I have had it in my care ever since - he delivered it to me on the 28th of September, when he came home - the entries in question were then in the book - one entry is (reads) - "Received one truss for R. Lee, Huntingdon, by Ashby's Waggon, Three Cups, Aldersgate-street, signed, Ashby."
JOSEPH WRANGLE. I am book-keeper at the Three Cups, and was so on the 28th of September, 1831 - I see this entry of a truss, to R. Lee , Huntingdon - in this book; I keep the account of all the goods received at the Three Cups - I have no entry of a truss of goods for R. Lee , received on that day - I have examined the books - and there is nothing of the sort - there certainly was no truss of the sort received that day - I am in the habit of signing the name of Ashby to the receipts, by Ashby's authority - I am the only person authorized to sign for him - I am the only signing book-keeper.
Prisoner's Defence (written)."On the 28th of September, 1831, I was in the employ of Messrs. Moses and Son, of Hounsditch, who sent me with a truck load of goods, for the purpose of delivering at different Inns; at the bottom of Hounsditch I unfortunately met with a man, whose name is John Broughton , and who had lived in the service of Messrs. Morley and Co., of Gutter-lane, Cheapside; he being out of work, asked me to give him a job, which I did, as I wished to go to another part of the town, on my own account - I accordingly gave him the goods for the purpose of delivery, and the book to get signed, telling him to meet me at the end of Camomile-street, at a quarter past seven o'clock that night, which he did, and delivered me the book; but it being a wet night, he left the truck somewhere until the morning - I took the book home, and thinking all was correct, told him to meet me at eight o'clock next morning with the truck, and at the same spot, when I would pay him for his trouble; which he did - I took the truck home, but told him, if he would wait awhile, I would give him a glass of something to drink - when I came back, after I had cleaned my master's boots, he gave me a draft to get cashed at a banker's - I returned to the man, who by this time had another with him, whom I did not know, and we all repaired to Steven's Wine Vaults, where having had several glasses of gin, and feeling rather stupified, I at his request permitted him to have the draft, to get changed for me; after which I waited a length of time, but finding he did not return, I went to every place in quest of him, but in vain, he was not to be found; I then made inquiry at the different inns, and found that he had deceived me in that respect. Not having delivered the packages, I was therefore ashamed to return to my employers, and with a mind bordering on madness I absconded - since which I have been driven to every privation of this life, travelling different parts of England in quest of employment, but to no effect."
FREDERICK ROE . I am an officer - I recollect having one "Bruty," not Broughton, in custody about two years ago, for robbing his master, Mr. Morley, in Gutter-lane - he was tried here and acquitted - he has been tried here twice since; and the last time he was tried he was transported - I know nothing of him connected with this transaction at all - he was a porter at Morley's.
GUILTY . Aged 27. - Confined for Two Years .
ISAAC MOSES . On the 29th of September the prisoner was in our employ - I gave him a cheque on Barnett, Hoare, & Co., which I produce - I directed him to get cash for it - it was for £14 1s. 6d. - he never returned with it - I have never received the cash for it - he was not apprehended till the 9th of December - my father was in partnership with me - he was the servant of us both - the money was for our joint use.
RICHARD BESCOBY. I am clerk in Messrs. Barnett's banking-house, No. 62, Lombard-street - I cashed this cheque on account of a country bank - it is an order to pay Moses and Son the money - I have no recollection of the person who received it.
ALEXANDER BROOKFIELD. I am an officer of Cheap Ward - I apprehended the prisoner on the 9th of December in Lawrence-lane - I named to him the affair of Mr. Moses - he said he had been truly unhappy ever since; for it was not an affair of his own - I asked him what he had done with the cheque - I had heard of the circumstance from Mr. Moses - I asked him what he had done with the goods - he said it was not an act of his own - he had trusted them to another man - it was his duty to deliver them himself, but he did not do it - I said, "Why, you were trusted with a cheque the next day" - he said, "That likewise was an act of the same person's" - I said, "You never returned with it" - he said no, he was ashamed - he did not say he had received the money, nor that he had not - he mentioned the person's name; and I knew him perfectly well, the same as Roe does - I knew the prisoner two years before, he lived in King-street, at Dewhey, Farmer, & Co.; and at that time this man used to be at the corner of Guildhall-yard getting different jobs; but he was known to be a bad character; and I think the prisoner must have known he had left his place for some dishonesty - it was well known he was a man who could not get a constant situation - the prisoner did not say who got the cheque cashed - he said it was an act the same as the other - he did not say what became of the cheque, nor who had the money.
Prisoner. I never knew he was discharged for dishonesty - I had it in my power to give him a job, and gave him one - it is quite correct what the constable states.
GUILTY . Aged 27. - Transported for Seven Years - to commence from the expiration of his former sentence .
311. JAMES STEVENS was indicted for unlawfully breaking and entering the dwelling-house of Charles Sayer on the 27th of November , at St. Dunstan in the East, with intent to steal the goods and monies in the same dwelling-house then being .
EDWARD WEBB . I am clerk to Charles Sayer, who has no partner - he lives at No. 86, Great Tower-street, St. Dunstan in the East - he keeps the house - on the 27th of November, about a quarter before three o'clock in the afternoon, there were three knocks at the door of the counting-house, which is part of the dwelling-house - I paid no attention to it - the door was shut; and a short time after I heard somebody as if trying the door with a key, and being engaged with a gentleman casting an interest account, I did not pay much attention to that - directly after that the door opened - the prisoner put his head in and inquired for Mr. Smith - I said, "No Mr. Smith lives here" - upon which he immediately ran away, and I after him, crying,"Stop thief" - I clapped my hand on the door as I ran out, and found a key in the lock on the outside - I followed him, and he dogged behind some coaches and barrels; but he turned round and ran right into my arms - I gave him into the hands of the officer, and took him back to the counting-house; and in the door found the key I spoke o., and which had been stolen from our counting-house - I had missed that key from the premises on the 5th of September - it had been taken off the mantel-piece with the key of the iron chest - I had placed it on the mantel-piece, with the key of the iron safe, on a ring; and on my return I missed these keys immediately - they might have fallen off the shelf, but not without somebody meddling with them - I concluded that somebody took them - they were gone - nobody had authority from me to take them away - there were other persons in the counting-house - the prisoner was searched when he was apprehended, and a green bag and a chisel found on him - while he was being searched he stood with his back to the fire, and I heard something drop; but we could not find anything on the floor - it sounded as if a key had dropped on the floor - when I came in from dinner I stirred the fire, and found the key of the iron safe there - I had left the room about an hour and a half - the prisoner's back was close to the fire at the time I heard, the noise; and he held his arms behind him - if he had the key in his hand he could have thrown it into the fire - the sound was like its falling against the back of the grate or the fender.
Cross-examined by MR. STAMMERS. Q. How long had you missed the keys? A. From the 5th of September till the 27th of November - I had not any intelligence of them in that time - they could not have been lying about the counting-house during that time, because I had every place searched - I had the counting-house swept every morning - I was very careful in the search - others had access to the keys - they might have taken them to have gone in - I questioned them about the keys - I was not absent ten minutes - I had only gone up stairs to Mr. Sayer, who was ill- according to the best of my opinion, no one would touch them, or had touched them, besides the person who took them away.
Q.You say you heard three knocks at the counting-house-door? A. Yes: they followed each other immediately, as if somebody wanted to come in; and were loud enough to be heard - the counting-house is left for the night at eight o'clock - I leave to go to dinner at four o'clock -
MR. STAMMERS addressed the Court and Jury on the prisoner's behalf.
GUILTY . - Confined Two Years .
Third Middlesex Jury, before Mr. Recorder.
GEORGE KEACH . I am a bricklayer - I know Mr. Gee, he is a master builder - I was in his employ, but he discharged me, because he robbed me - on the 30th of October I saw William Gauntlett , and another person with him on the premises - I cannot swear it was the prisoner, it was a moonlight morning - there was somebody with him- I cannot say whether it was the prisoner or not - I never saw them carry the boarding off the premises - I saw William Gauntlett, and another man, who I took to be the prisoner; but I consider it was not him - it was a shorter man - I consider it not to be the prisoner.
Cross-examined by MR. PHILLIPS. Q. You are sure you saw Gauntlett? A. Yes: I saw his face - the other man had his hat over his eyes, and I am certain sure it was a shorter man - it was about a quarter before six o'clock.
COURT. Q. Have you been discharged by Gee since the 30th of October? A. Yes.
WILLIAM WILSON . I am a carpenter - I live in Hampton, in Middlesex - on the morning of the 30th of October I was going to work - Keach and Charles Fitts were with me - I saw William Gauntlett and the prisoner in Mr. Gee's yard - they had a quantity of quartering in their arms, and carried it to an open space between two buildings, and threw it over a wall where two gardens adjoin - I was in Gee's employ, and the prisoner was in his employ the day before, and I did not know that he had left - it was a few minutes before, or rather after six o'clock - I should say it was thrown into the prisoner's ground - because his garden adjoins Gee's premises I have been looking out for the prisoner since that time - I have since seen him at Kingston, which is just across the Thames - they both had their arms full of boarding.
Q. How came you not to give information? A. I did not wish to hurt any poor man like myself - if they had left off where they began, it would not have mattered; but the prosecutor complained of losing property from time to time - and in about three weeks I gave information, as master had constantly complained to me, and that morning in particular, he said he had been robbed of new deals - he insinuated that I might know something about it - he asked where Keach was - he was absent.
CHARLES TILTS . I was with Wilson and Keach on the morning of the 30th of October - I saw Edward Sawford and William Gauntlett coming from the building (the saw-pit,) with a bundle of quartering under each arm - I cannot say whether they put it down by the wall or threw it over - they then went back and brought some weatherboarding - I went into the carpenter's shop and saw no more, as I went to get some tools - I mentioned it in about three weeks - I was not charged with stealing anything.
WILLIAM GEE . Tilts was not likely to see the property thrown over the wall - I am altering some sheds into a small house; these men were assisting me, and pulled down the quartering - on the following day I missed the quartering and did not find it - Tilts could not see it thrown over the wall where he was, as he was in the shop.
NOT GUILTY .
NEW COURT. Monday, January 2, 1834.
Third Middlesex Jury, before Mr. Common Sergeant.
The witnesses did not appear.
NOT GUILTY .
MR. PHILLIPS conducted the prosecution.
JAMES DIGNAM . I am a solicitor - the prisoner was in my service - I intrusted him with a sum of money for the general purposes of the office - he had to pay the fees in the case of Godding and Abbott, in the Court of King's Bench - he told me he had paid 2l. 16s. 6d. for Court fees - I have his book here, in which it was his duty to put down any money he laid out, and he has put down 2l. 16s. 6d. - I afterwards had some conversation with the clerk of the King's Bench, and spoke to the prisoner - I told him I could find no voucher for 1l. 7s., which was the amount of marshall's fees in that case - he said the voucher for the marshall's fees was with the record, and he had paid it - I am sure he said that.
Cross-examined by MR. DOANE. Q. I believe you were unwell at the time? A. Yes; it was on the 27th of November - I was ill and not able to attend business - the prisoner had to conduct the case of Godding and Abbott - I gave him money at various times, and he received money from other persons which he has entered in this book.
WILLIAM HENRY WATERS . I am clerk to the Chief Justice of the King's Bench - I remember the trial of Godding and Abbott - the marshall's fees in that case amounted to 1l. 7s. - I asked the prisoner for them - he said he would call on the morrow and pay them - I afterwards demanded them of Mr. Dignam, and he paid them - the prisoner did not call the next day as he promised - I did not see him again till he was in custody.
Cross-examined. Q. I believe it was a busy day? A. No, it was not - that was the very last case we had that day - I do not remember the prisoner having the ticket for these
JAMES DIGNAM re-examined. Q. You say you had a case of Godding and Abbott, did you give the prisoner any money specifically for the charges of that case? A. He had sufficient money in hand for the general purposes of the office - it was his duty to apply any money he had in hand for that case, and he told me he had done it - he told me he had paid the marshall's fees in that case, amounting to 1l. 7s. - I told him I had looked among the papers and could not find the usual voucher for them - he said he had paid them, and the voucher was with the record - the prisoner was in the receipt of monies, and he had a balance of several pounds in his hands - he received on the 23d of November, from the defendant Abbott, 8l., expressly to pay the court and counsel fees in that case - he received that 8l. for me - he accounts in his book for the receipt of this 8l.
Cross-examined. Q. This book is kept by the prisoner? A. Yes, it is in his handwriting - I had access to the book, but I was confined by illness; but he brought the book to me - I cannot tell whether he brought it between the 23d and the 27th of November, it is probable that he did, and that I saw this entry of the 8l.; if I did, I allowed the money to remain in his hands, for the purposes of the office; but he told me that Abbott had paid the 8l. - I cannot tell when he told me so - he had money from me as he wanted it.
Prisoner's Defence. During the last few months, the want of employment, and other circumstances, had involved me in difficulties, from which I could not extricate myself, which made me a prey to care and anxiety. In this state I entered my prosecutor's service, where I had a prospect of retrieving my circumstances, which have been disappointed. Just before the trial, for which the fees in question were payable, I had seen the prosecutor, he expressed himself satisfied with my attention to the business, and said, no doubt Mr. Abbott would make me an acknowledgment, and give me two sovereigns; this was peculiarly agreeable to me, and, having a balance in my hands belonging to the prosecutor, I was not so careful of it as I should have been; after the trial, in that case, I paid the jury fees, and took the ticket for them. I then went to Mr. Waters, he handed me the ticket for the Marshall's fees, but having only 8s. or 10s. I could not pay them; I told him I would go and get the money of Mr. Abbott; I went to see for him, but could not find him. I returned to the Court, gave Mr. Waters the ticket back, and told him I would call and pay him the first time I passed that way. I then went to the prosecutor's house and told him the verdict was for his client; he was much pleased, took me by the hand, and gave me wine, but I never received the two sovereigns; and then my hopes were disappointed. I intended to pay these fees, but as I knew they were not wanted, I did not pay them immediately, though every professional man knows I could not have taxed the costs without paying them, and I should therefore have done so. I beg to state, that on the morning of the day on which the prosecutor gave me into custody, he informed me he thought I should not suit him, and desired me to leave, and call the next morning to balance my book. I said it was unusual to leave at so short a notice, and we both agreed that I should stay the week; and I had every opportunity of making my escape. I will not deny that my conduct has been imprudent, but I trust, for the sake of my friends, you will pause before you pronounce a verdict, (which will brand me with infamy) - for which I shall be truly grateful to the latest period of my life.
MR. DIGNAM. The prisoner had no opportunity of escaping after this charge was made - the costs could not have been taxed without this money having been paid - I generally tax the costs myself, and then I must have sworn that these fees had been paid, but the master would have required to see the ticket for them.
Prisoner. Have I not taxed the costs while you were ill? Witness. Yes.
JURY. Q. Did you not promise him two sovereigns, or lead him to expect them from Abbott? A.Never.
Francis Hebert, solicitor, and Thomas Dunnett, of Grange Court, Carey-street, gave the prisoner a good character.
GUILTY . Aged 21. - Recommended to mercy by the Jury. - Transported for Seven Years .
314. JOHN STONE was indicted for stealing, on the 3rd of December , 16 silver spoons, value 16l., and 8 silver forks, value 7l., the goods of John Mitchell, the younger ; 4 silver dishes, value 60l.; 2 silver dish-covers, value 17l.; 1 silver tea-pot, value 18l.; 1 silver cream-pot, value 8l.; 1 silver sugar-basin, value 13l.; 87 silver spoons, value 90l.; 48 silver forks, value 40l.; 5 silver ladles, value 10l.; 1 coat, value 2l.; 1 waistcoat, value 10s.; 1 pair of breeches, value 1l.; and 2 aprons, value 2s., the goods of John Mitchell , his master, in his dwelling-house .
MESSRS. ADOLPHUS & PHILLIPS conducted the prosecution.
ROBERT BELL . I am butler to Mr. Mitchell, of No. 42, Charles-street, Berkeley-square - I had been in the service fifteen or sixteen years - the prisoner came there as underbutler , and was there about ten days - on the 3rd of December, (Tuesday,) I had occasion to go into the City - the plate was kept in the butler's pantry, in a press and in a chest; and on that day I left the prisoner in care of the plate when I went out - I had seen all the plate safe on the Sunday; and I had seen a considerable part of it, which was in daily use, on the Tuesday - on the Monday, the prisoner asked me if the dish-covers were silver; and I told him they were, and two of them were foreign and two English - he asked which were best, and I said the English plate was allowed to be the best - on the Sunday, he asked me if the trays were silver; I said they were not, but the edges were - on the Tuesday, I went out about two o'clock, and the prisoner said I need not hurry, as there would be nothing to do when I came back - I returned about half-past four, and found the pantry locked; and I missed the key from the place it used to be put in - by Mrs. Mitchell's direction, I forced open the door, and missed fifty table-spoons, forty-two large forks, and the other articles stated in the indictment - the trays which were not silver were not taken - I did not see the prisoner again for about a fortnight, when he was in custody - when he left us he had his undress livery on, which, according to the rule of the family, would not have been his own, till he had been twelve months in the service, so that his livery was Mr. Mitchell's - since the prisoner has been in custody, I gave him some linen of
Prisoner. Q.Were there not persons at work there who might have got into the pantry? A. Yes: the area gate was open, but the door was shut - I have known the door to be left open - I have no proof that you locked the door - the box was locked, and the key of it hung in the press - the bunch of keys hung up, but no one but you knew what they were - there was one workman in the pantry that day; but I went in with him, and came out with him - I saw him go out of the house - I will swear the press was then shut - the lock of the box was a common lock - I never tried it with any other key.
COURT. Q. Was it usual to lock the pantry-door? A. Yes; if there was no man there - the key of the box could not be seen without opening the press.
MR. PHILLIPS. Q.Did you find the bunch of keys safe on your return? A. Yes; there were ten or twelve keys on it - the prisoner knew the key of the box, and no one else - he tied it on the truck himself - the bricklayer and labourer who were at work there that day are here.
JOHN MITCHELL, jun., Esq. I live with my father in Charles-street, Berkeley-square - his name is John. On the 3rd of December there was some plate of mine in the plate-room, thirteen table-spoons, six table forks, two desert spoons, and two tea-spoons - they are all missing and were worth about 24l. - the house is my father's dwelling-house, and is in the parish of St. George, Hanover-square - the prisoner was under-butler - I never authorized him to take away the plate, or the clothes - about 260l. worth of plate of my father's was taken away beside my own.
Prisoner. Q. I believe, Sir, you will own I received a good character? A. Yes, or you would not have been there.
ELIZABETH BRIDGES . I am lady's-maid to Mrs. Mitchell. On the 3rd of December I went out at ten minutes before two - I saw the prisoner in the pantry before I went out, and I saw the corner dishes and covers safe in the press there - I returned at ten minutes after four - the prisoner was gone - I did not see him again till he was in custody.
Prisoner. Q. Was it not possible that any person could have got into the pantry? A. I shut the house-door and it is constantly kept shut - the workmen generally come sooner than that.
SARAH TURNER. I am housekeeper to Mr. Mitchell. on the 3rd of December I went out at five or ten minutes after three o'clock - I went into the pantry before I went out and saw the prisoner there, cleaning some plate at the dresser - he had something in his hand, which appeared to be loose, and rattled very much like plate, and he put it on the dresser behind the door - I returned at a quarter before five.
Prisoner. Q.Will you swear there is a dresser in the pantry? A. Yes - what we call a dresser - it is not an old-fashioned dresser - but one proper for a plate pantry, because it has drawers to it - when you open the door the dresser is rather behind it - I cannot tell what you put down, but it rattled like spoons or forks.
ANN LOWE . I am kitchen-maid to Mr. Mitchell. On the 3rd of December I was taking in some fish, at a quarter past three o'clock - the prisoner came to the kitchen-dresser and said, "Mrs. Turner is out, and Mr. Bell is out, I suppose, and I want some silver" - he pointed his finger towards the area-door, and said, "If that bell should ring, go to it" - he asked if I knew which way Mrs. Turner was gone, and how long she would be - I said she was gone to help a young friend of hers to cook a dinner - I did not know how long she would be - I then saw the prisoner come out of the servants'-hall, with a hat on his head, and go in a direction towards the area-gate - I did not see him leave the house.
Prisoner. The pantry-door is just opposite the servants'-hall door, you would have seen me go into the pantry. Witness. I did not see you go in there; I was taking in some fish which was brought into the kitchen.
ANN SIMONS. I am upper-housemaid - on the 3rd of December, about two o'clock, I saw the prisoner take two aprons, which had not been used before, from the cupboard in the hall into the pantry - they have not been found since - they were rather large aprons.
MICHAEL DOULARD. I am footman in the family - I remember the prisoner coming to live there; a few nights after he came he was going out on an errand, and I saw him put his own coat, waistcoat, and breeches, which he wore when he came into the service, to the best of my knowledge, into a handkerchief; he said he was going to sell them in Marylebone-lane - there is a portmanteau of the prisoner's still in the house, and I believe it has never been sent for - there are a few cravats, collars, and stockings in it.
Prisoner. Q. Do you recollect my having a bundle when I came back? A. Not to my knowledge; I do not know that I let you in.
SARAH TRAXTON . I am a laundress - I was at Mr. Mitchell's, collecting the linen to wash - I received from the prisoner, on the 2nd of December, three shirts, nine cravats, five collars, and five pair of stockings - I washed them and took them back on the Thursday, but did not see the prisoner.
JAMES PINKNEY . I am a hatter, and live in High-street, Poplar - on the 4th of December I sold the prisoner this hat for 1l. 2s. about five or six o'clock in the evening: he directed me to write the name of Camperdown in it, which I did, and it is in it now - I understood that to be his name- he had on a great coat which appeared to be new - he had an old hat on his head, which he presented to the man who came in with him - the man said, "You had better wear it yourself;" and he put it on his head, and took this one away in his hand - he did not seem to have been up all night.
Prisoner. I believe you will say I was in a great passion? Witness. Yes, you was - I did not tell you it would be better for you to tell, and that Mr. Mitchell would perhaps make it light.
Prisoner. You false-swearing scoundrel, you did - stand down.
WILLIAM GODDARD . I am an officer - I assisted Ballard in taking the prisoner to the House of Correction on the 18th of December: he said, that if he had known they were going to take his hat away, he would have torn the b-y hat to pieces; he attempted to tear his cap, and said, he would throw no light on the business, he was dumb.
EDWIN DUNCAN WILKS. I am gaoler at Marlborough-street - I saw the prisoner with this hat on - I said, "You have got a new hat;" he said, "Yes; I bought it of a travelling Jew in the street" - I took it off his head, and left it outside the cell - when I returned, he asked me for it- I said, "The magistrate desired to see it;" he said, "If I had known that, I would have torn the b-y lining out before you should have had it."
Prisoner. Q. Upon your oath, did I say, "I bought it of travelling Jew?" Witness. Yes, and you took a blue shirt out of it.
Prisoner. Q.Was the door kept shut? Witness. It was opened for the tradesmen to come in, we shut it again.
Prisoner's Defence. I got drunk and lost the livery - I went to a b-y-house, but whether in St. Giles's or Blackwall, I do not know - I went with a friend, who is a married man, and I promised not to tell his name - we got drunk, and he let me have the money to get my clothes - I did not take a single article of the plate.
GUILTY . Aged 30. - Transported for Life .