THIRD SESSION, HELD AT JUSTICE HALL, IN THE OLD BAILEY, On THURSDAY, THE 20th DAY OF FEBRUARY, 1834, AND FOLLOWING DAYS.
Before the Right Honourable CHARLES FAREBROTHER , LORD MAYOR of the City of London; Sir James Allan Park , Knt., one of the Justice of His Majesty's Court of Common Pleas; Sir John Patteson , Knt., one of the Justice of His Majesty's Court of King's Bench; Sir John Gurney , Knt., one of the Barons of His Majesty's Court of Exchequer; John Ansley , Esq.; Matthew Wood , Esq.; Christopher Smith , Esq.; Sir William Heygate , Bart., Aldermen of the City of London; The Honourable Charles Ewan Law , Recorder of the said City; Henry Winchester , Esq.; Thomas Kelly , Esq., and Sir Chapman Marshall , Knt., Aldermen of the said City; John Mirehouse , Esq., Common Sergeant of the said City; and William St. Julien Arabin , Sergeant at Law; His Majesty's Justices of Oyer and Terminer of the City of London, and Justice of the Gaol Delivery of Newgate, holden for the said City and County of Middlesex.
FAREBROTHER, MAYOR. - THIRD SESSION.
* A star placed against the verdict denotes that the prisoner has been previously in custody.
First London Jury, before Mr. Recorder.
315. THOMAS PACKER and ROBERT BROWN were indicted for burglariously breaking and entering, on the 12th of January , at St. Mary-le-bow, about the hour of two o'clock in the night, the dwelling-house of William Sutton and another, with intent to steal, and stealing therein 1 half-crown, 3 shillings, 2 sixpences, 6 pence, and 12 halfpence, the property of William Sutton and another; and 1 handkerchief, value 2s.; and 1 snuff-box, value 2s.; the goods of George Jones .
WILLIAM COLLINS . I am warehouseman to Mr. William Sutton the elder, and Mr. William Henry Sutton - they are partner s, and carry on business at No. 10, Bow church-yard, in the parish of St. Mary-le-bow - it is a dwelling-house - I and my family live on the premises as the servants of the firm - the expenses of the house are paid by the firm, also the rates and taxes - on the 12th of January I slept there - I had no occasion to leave the premises that evening - I went to bed before ten o'clock, and was the last person up- about half-past nine o'clock, I went down to look round, and saw the premises secure and fastened - I examined them myself - every body was gone to bed then except myself and wife - I was the last person up - they were fastened up safe when I went to bed - I got up at five minutes before seven o'clock in the morning - it was not quite daylight.
Q. Could you discern the features of a man by the light of day at that time? A. Yes - I cannot tell how long there had been sufficient daylight to discern the features of a man - I came down directly I got up, and I found all the doors open which I had left shut and locked the previous night - the pair of folding-doors exactly opposite the warehouse were wide open, they are inner doors - at the back part of the premises there is a room looking into a small yard belonging to the next house by a window - that window was open, and a pair of shutters which fasten inside, and were fast overnight, were forced open - I immediately called in an officer and went over the premises, and found the till had been robbed of its contents - I missed about 8s. or 10s. as near as I could judge - there was half-a-crown, 3 shillings or more, and two sixpences, and about 2s. in copper - there was more than 1s. in copper - the warehouse-door was ajar and the chain down - that was shut overnight - the counting-house-door was open - the party had entered through the back window - I missed nothing else myself - a desk in the counting-house, which was not locked overnight, had been opened, and the papers strewed about - the house was entirely secure overnight.
Cross-examined by MR. ARNOLD. Q. Are there any other persons in the concern? A. No - the elder Mr. Sutton's name is not William Henry - I am sure the back window was fastened - I did not do it myself, but I saw that it was done - I do not know who did it - I looked round the premises and saw it was fastened - I did not lift up the window to see if the shutters were bolted, for they are inside shutters - the window is outside.
THOMAS BATTEN . I am a watchman of St. Andrew, Holborn. On Monday morning, the 13th of January, I was sent for to the Eagle coffee-shop, Farringdon-street, and saw the prisoners there - I was sent for to turn them out of the coffee-shop, which I did; and after turning them out I received information, and took them into custody in four or five minutes - it was about five o'clock in the morning - I am sure it was not later - there were two others in company with them - I took them to the watch-house, and on searching Brown, I found a crow-bar, a phosphorus-box,
GEORGE JONES . I am clerk to Messrs. William Sutton and Son - on going to the warehouse on Monday morning, the 13th of January, I missed a black cloth waistcoat, a silk pocket-handkerchief, and a snuff-box - the waistcoat and a coat had hung on a nail in the counting-house of No. 10, Bow church-yard, which is part of the dwelling-house - the handkerchief and snuff-box were in the coat-pockets - the counting-house is part of the dwelling-house, under the same roof, and communicates with it internally - there is only one door from the street to the premises - the handkerchief and snuff-box were both produced at Guildhall by Batten - I identified the handkerchief as having been stolen from the counting-house - (Batten here produced the handkerchief) - this handkerchief is it, and the one I lost - I know the prisoner Packer - he was an errand-boy in the service of my employers - I think he left on Good Friday, 1833, or about that time.
Cross-examined. Q. What mark is on the handkerchief? A. My name in full, in marking-ink - I am not interested in the business, only as servant - I receive a salary - Sir Peter Laurie did not think the snuff-box need be kept by the officer; I have had it in my care ever since the charge, and know it to be mine - the window at the back of the premises seemed to be forced open by violent means - we call it the back room of the warehouse, which the other witness has mentioned - it appeared to have been forced open by a crow-bar - there were marks of what appeared to be two prongs of a crow-bar, in three or four different places.
Cross-examined. Q. Have you had this in your possession ever since? A. Yes; I gave it to Slate, the constable of the night, as soon as I searched the prisoner - I took it from him and delivered it to Slate - I had it back when we went to Guildhall, at eleven o'clock in the morning - he then gave it to me - I have had it ever since - I have not compared it with the premises.
JAMES SLATE . I received a crow-bar from Batten between five and six o'clock on the morning of the 13th of January, it was before daylight - I kept possession of it till we went before the Lord Mayor, at twelve o'clock - the prisoners were then remanded till next day, and I kept possession of it till Tuesday, at twelve or one o'clock, when the magistrate sat; and, as I was not bound over, I gave it over to Batten; but, on the Monday night, I went to Mr. Sutton's premises, between five and six o'clock, and applied the crow-bar to the marks on the shutter; it fitted two marks out of three exactly; it did not exactly fit the third place, but it might have been made by the same instrument - one prong of this crow-bar is shorter than the other - there was the same appearance in the marks, and they exactly fitted it on the back - they were sliding shutters - I could be on my oath that the marks were made by such an instrument - they had every appearance of it.
Cross-examined. Q. Is not that a common-sized crowbar? A. It may be, for what I know - I have seen crowbars before, but very seldom - I have not seen many similar ones - I have seen a larger and a smaller one, but not one broken exactly as that is - I might have seen them, but never had them in my possession - I could not account for the crow-bar not fitting the third mark - two marks were on one shutter, and one on the other - they might be three or four inches apart - Batten gave me the crow-bar about five o'clock in the morning - I saw it found on Brown at the watch-house - I had it in my custody from then (Monday), till about twelve o'clock on Tuesday - it was never out of my possession from five o'clock on Monday till twelve o'clock on Tuesday, more than handing it to the officer.
THOMAS BATTEN re-examined. Q. How is it you and Slate differ as to the time the crow-bar remained in your possession? A. I remember taking it from him when they were committed - I am mistaken in saying I had it from him on Monday, it was on Tuesday when they were committed - I gave it to Slate on Monday morning at the watch-house - I took it from the prisoner Brown in his presence - I did not find the snuff-box - I saw a fellow-watchman pick it up - he is not here - he picked it up going up Holborn-hill, nearly opposite St. Andrew's church; it rolled off the pavement opposite St. Andrew's church, Holborn - I had the two prisoners in custody at the time - they were passing along where it was found - I and another watchman and the prisoners were present, and one or two of St. Sepulchre's watchmen, and two other prisoners - there were in all four watchmen and four prisoners, and people following.
Cross-examined. Q. You mean to say it was purely a mistake when you said you had the crow-bar out of your possession only six or seven hours? A. It was quite a mistake - when I heard Slate say it was not so, I recollected myself from the prisoners being remanded - I have kept the crow-bar ever since on my premises in my top cupboard, in my front parlour, locked up, and I have always kept the key - I have trusted my wife with the key when I have been present, but never when I have been absent - I do not swear the cupboard was always locked, because it was frequently unlocked - it has never been unlocked while I have been absent.
Packer's Defence. I had been to Epping on Sunday morning - I returned and got to Farringdon-street about half-past two o'clock - it was too late to go home - being too soon for the coffee-shop to open, I stood about on Holborn-hill until three o'clock, when the doors were open- I went in and had some coffee; and about five minutes after I went in, the other prisoner came in - I knew nothing of him - he sat in the box - I had what I called for, and paid for it - there was another lad in the box besides me - before I went in he had gone into the box - well, in came two others, who were taken up afterwards - one of them was making a disturbance with a man - the woman said, if we were not quiet she would have us turned out - she went and fetched two watchmen, who turned us out, and then a watchman came, collared me, took me to the watch-house, he found nothing on me but the money - I know nothing of the other prisoner.
The prisoner Brown made no defence.
COURT. Q. Did you see him on Sunday night? - A. Yes, at Walworth, on Sunday night, the 12th of January, at one o'clock - I am sure of that.
MR. CLARKSON. Q. Would his way from Walworth to Searle's-place be over Blackfriars'-bridge? - A. Yes; I should say so - I believe the coffee-shop in Farringdon-street is at this end - it would take him not above half an hour to go from the stables to Carey-street - he left the stables after one o'clock - during the time he was with me I believe him to bear an honest character.
COURT. Q. Did he leave with his cab or on foot? - A. On foot - Searle's-place is in Carey-street - it would take about half an hour to go from Walworth to the coffee-shop - I know Bow church-yard - it would not take much longer to go there.
BROWN - GUILTY . Death . Aged 19.
PACKER - NOT GUILTY .
Second London Jury, before Mr. Recorder.
318. JOHN HARRIS was indicted for burglariously breaking and entering, on the 23d of January , at St. Sepulchre, about the hour of eight at night, the dwelling-house of Ebenezer Golding , with intent to steal, and stealing therein 1 shoe, value 4s., the goods of the said Ebenezer Golding .
JOHN WEST . I am a workman in the employ of Mr. Ebenezer Golding - he is a shoemaker , and lives at No. 30, Long-lane, West Smithfield, in the parish of St. Sepulchre - he does not sleep in the house himself; but his apprentice and his shopman sleep in the upper part of it; and he lets the first floor - he carries on his business in the shop - I was sitting there at work about eight o'clock at night, on the 23rd day of January - I was by the window - it was dark - a square of glass was pushed in, and I saw a man's arm and hand come in - I ran out and took the prisoner with this shoe in his hand - I do not think there was any other person who could have introduced his hand but the prisoner- he had scarcely got his arm back when I got out - this is the shoe he had, and here is the fellow to it - the pair are worth 8s. and are Mr. Golding's property.
Prisoner. Q. Did you see the shoe taken from me? - A. No.
JURY. Q. Was his hand cut? A. I did not see any cut on it - the shoes had been tied together, as West states; and he supposed the string was cut by the glass - the prisoner appeared in great distress.
GUILTY.* Aged 43. - Recommended to mercy by the Jury. being in a state of starvation at the time .
First Middlesex Jury, before Mr. Justice Park.
319. ROBERT SIMKINS was indicted for stealing, on the 17th of January , at St. Dunstan, Stebonheath, alias Stepney, 1 half-crown, 4 shillings, 3 sixpences, 4 half-pence, and 1 loaf of bread, value 1d., the property of Godfrey Dummert , in his dwelling-house, and being in the said dwelling-house, and having committed the felony aforesaid, on the same day, about the hour of three in the night of the same day, the same dwelling-house feloniously and burglariously did break to get out of the same, and feloniously and burglariously did get out of the same ; against the Statute.
GODFREY DUMMERT re-examined. I am the housekeeper - I rent the house myself - I am not a lodger - I have known the prisoner for the last two years - he frequented my house - he is a jobbing man , and gets a job wherever he can - I saw him at my house almost every evening - I did not see him there the evening before this happened - I was before the magistrate on the 17th of last month - I had seen him in my house on the morning of the 16th - I did not see him in the evening, and did not give him leave to sleep in my house that night - I looked in the tap-room before I went to bed - I found nobody in it - I did not see the prisoner there - I have a coal-box in that tap-room - it is large enough to hold a person - I did not look into that when I was searching - there is a room behind the tap-room where a person could hide himself - there was some money left in the till - I do not know how much - there might be between 8s. and 9s. in copper - the till was unlocked when I went to bed - I was called up at a quarter before three o'clock in the morning - I went to bed about a quarter before twelve o'clock - it was dark when I went to bed - the policeman called me up - I examined the till when I got up - I pulled it open, and missed some money - I am sure I shut my house-doors when I went to bed - I found the policeman in the house - when I saw the prisoner at my house in the morning, he told me he had no money; and I let him have a crust of bread and cheese, and a pint of porter.
TIMOTHY DONOVAN (policeman). On the morning of the 17th of January I was in the neighbourhood of this house, about a quarter after three o'clock, and saw the door of the Queen's Head (which is the prosecutor's house) open a little, and some person was looking out - I went across, and the door was closed against me - I suppose he saw me coming, but I do not know - I pushed the door, it would not open, and then I called Mr. Dummert - when I found he did not answer me, I pushed the door open, and saw the prisoner standing in the passage, by the light of the gas
GODFREY DUMMERT re-examined. There was as much as five or six shillings' worth of copper in the till - I had looked in the till just before I went to bed - I am sure there was five or six shillings' worth - I cannot say what quantity of silver I had - I know there was one half-crown.
MARY DUMMERT . I am the prosecutor's sister - I was called up on the night in question - I had seen the doors and windows fast before I went to bed - I had left two penny loaves in the cupboard - I had seen the prisoner in the house the very evening before the robbery - he asked me for some tobacco - my brother did not see him then - he said he had got no money - I am sure I left two loaves in the closet, and when I came down I missed one.
JURY. Q. What time did you go to bed? A. About a quarter before twelve.
The prisoner made no defence.
GUILTY. DEATH . Aged 55. - Recommended to mercy on account of his character by the Prosecutor and Jury .
First Middlesex Jury, before Mr. Baron Gurney.
320. THOMAS BATT , GEORGE KIPPIN , and NICHOLAS DONOGHUE were indicted for, that they, on the 6th of February , at St. Dunstan, Stenbonheath, alias Stepney, feloniously, unlawfully, riotously, and tumultuously, did assemble together, with divers other persons, to the disturbance of the public peace, and being so assembled, feloniously and unlawfully, and with force, did begin to demolish, pull down, and destroy a certain house there, belonging to George Lidyard , against the Statute, &c.
2nd COUNT, like the first, only omitting the words printed in italics.
MR. ADOLPHUS conducted the prosecution.
GEORGE LIDYARD. I keep a beer-shop , called the White Lion, in Fair-place, Stepney-fields, in the parish of St. Dunstan, Stepney - there is another beer-shop, next door, called the King William - Mr. Miller pays his men at my house, and has done so for the last ten or fifteen months - he pays the coal-whippers in his employ - on Thursday evening, the 6th of February, about half-past eight o'clock he was at my house ready to pay his men, and some intelligence was given - we received an alarm that there was a mob coming; in a few minutes a person came into the place - I believe he was alone - I did not see anybody else with him - shortly after that one person came in there was a terrible crash, and there was a great number of persons there.
Q. What do you mean by a terrible crash? A. Breaking in the windows and window-frames with brick-bats and stones; and part of a flat iron, without a handle, was thrown into the bar - I could hardly hear their expressions; for the shouts were very tremendous, and some observations passed - there was a general huzza; they broke in the windows and frames, and demolished the chairs in the house.
Q. Did people come in through the window? A. Yes, they did - I could see four or five; but how many were outside it was impossible to state - when they came in, they endeavoured to catch hold of Mr. Miller and part of his men - he was under the necessity of leaving the house entirely to their mercy; and both Mr. Miller and the coallumpers, whom he employed, were obliged to leave the house and fly for their lives in all directions - Mr. Miller had some money in a basin on the table in the kitchen, which is a back room - a good deal more damage was done to my house, - they went up stairs - they pulled down a partition in the tap-room and the parlour, and the brick wall was pulled down - the brick wall which was pulled down was behind the house, in the garden - that was part of the house - I did not see any of the persons to distinguish their persons.
Cross-examined by MR. PHILLIPS. Q. Who is Miller? A. A person who employs a number of men as lumpers in the coal trade - my house is a beer-shop, in which the men were usually paid - I have nothing to do with the coal trade myself - Miller has no interest in my house at all - I had not the least quarrel myself with the men.
Q. Nothing to induce them to have any animosity towards you, whatever they might have had towards Miller? A. Not the least - I believe there was some ill will on the part of the men towards Miller, but I had nothing to do with it - I have not the least doubt that Miller would have been murdered, if he had not made his escape.
Q. I believe you have very little doubt their object was to wreak a very atrocious vengeance on him? A. I rather think it was so.
Mr. ADOLPHUS. Q. Before they came to where Miller was, did they break in your windows as you have described? A. Yes; they knew that Miller resorted to my house to pay his men.
COURT. Q. Was it a notorious thing in the neighbourhood that Miller's pay-table was at your house? A. He used to check and pay there almost every evening - he has sometimes paid a hundred and fifty men of a night there - I have seen from a hundred to a hundred and twenty paid there.
Q. Did the policemen come? A. Yes; two of them acted like men; they were Barton and Sheen; they certainly did their duty - they called me from over the wall, and said the mob were all gone.
Q. When the mob came in through the window which was broken, did they do anything directly to the partition between that room and the next? A. Brick-bats and stones were thrown to such an extent that every part was demolished, both the window-frame and everything.
Q. Was the partition between that room and the other pulled down? A. Quite demolished - that was between the tap-room and the parlour.
THOMAS MILLER . I am called a lumper in the port of London - I know the three prisoners well - I have never employed them as whippers to my knowledge - they are coalwhipper s - we have had thirteen ships sometimes, and nine men in each ship - I employ above a hundred men - various sums have been given for delivery of coals - I have made no alteration in their wages for the last six months - there are two prices, I believe - I now pay less than I did six months ago - I generally pay my men at Mr. Lidyard's - on the evening of the 6th of February I was there with the intention of paying my men, and had 7l. in silver in a basin, and I sent for five shillings worth of halfpence - I was there about half-past eight in the evening, in the back kitchen - while I was there I heard a noise and tremendous shouts and halloos - they said, "Murder Miller, and all the b-y lumpers" - the noise was like a clap of thunder, from a great many voices - there were too many to distinguish - I left my money, and flew over the brick wall for my life - I heard a tremendous crash in front of the house - they broke in, and then I fled and left my money behind - I saw nobody there that I could distinguish - I made the best escape I could, and know nothing more.
COURT. Q. You pay your men by the ton, I believe? A. Yes; I pay them now a penny a ton - there was no discontent among my men - I believe there has been a great deal of dissention on the subject on the coast of Wapping - it was formerly three halfpence a ton, then reduced to five farthings, and then to a penny - there have been disorders among the whippers at several houses on the coast of Wapping, and several breaches of the peace, but not at our house - these prisoners were not among the men I employed.
JURY. Q. Of your own personal knowledge, have there been any riots or breaches of the peace among coal-whippers? A. There had been pieces of work on the coast of Wapping at different houses - I am positive of that.
COURT. Q. Have you been present and seen that? A. I have not seen it.
PHILIP MOON. I formerly worked at coal work, and live in Dean-street, Shadwell - I have been in Miller's employ - on the 6th of February I was at the White Lion before the mob came - I was there between eight and nine o'clock - I was standing near the front door, and the prisoner Kippin entered the door - a large mob was outside - he scarcely entered the door before brick-bats and stones came through the window like a shower of hail - Kippin rushed himself in - the door was not open - he pushed it open and rushed in, and immediately the volley of stones and brick-bats came through the window in such a manner, it alarmed us - we did not know what was amiss - I then turned from the front door and made my escape backwards - I did not see Kippin do anything except rush in at the door.
COURT. Q. Did the mob come in the house before you left? A. No; I got away before they came - I did not hear Kippin say anything.
GEORGE LAWRENCE . I was present at the beer-shop on the night of the 6th of February, and saw Kippin there - he came in at the door, and said, "I want some beer," twice, and he asked where b-y Miller was, and by that time they began pelting stones and brick-bats in at the window outside - I saw nobody else there that I knew - I ran out backwards and got on the kitchen tiles - I saw Craycroft there - I saw Kippin follow him out of the back-window, and make a strike at him as he (Craycroft) was getting over the wall.
COURT. Q. Was that while he was escaping from the mob? A. Yes; he is not a coal-whipper, but a seaman.
JURY. Q. Had Kippin any offensive weapon in his hand? A. I cannot say what he had, whether it was a stick or anything - I cannot say whether he had anything - I do not know what he struck with, whether it was his fist or what.
CORNELIUS CRAYCROFT . I was at the White Lion on Thursday night, the 6th of February - I was in the parlour which is at the back of the house, and heard a noise outside the house, and the windows broken - I intended to escape backwards, but some people belonging to the house got there first - and as I could not get through, I came out of the parlour-door to go up stairs, and met Kippin at the parlour-door - I retreated back, and he followed me through the parlour door - I got through the window and escaped over the wall. Somebody followed me close to the window and struck at me, but I cannot say whether it was Kippin - he made a blow at me then with his fist or a stick - but so many had got into the tap-room then, I cannot say whether it was him - the mob had filled the house by that time, and the mob called out, "Murder them all."
COURT. Q. Had there been differences among the coal-whippers? A. Yes; I have heard differences - grumbling along the coast.
ANDREW MARSH . I was at the White Lion on the night in question - I have worked for Mr. Miller for the last month or six weeks - the stones came through the window and I was struck - I was in the parlour in the back-
COURT. Q. When you recovered, was the mob gone? A. I found myself in the back garden; whether I got out myself, or was taken out, I cannot say.
JURY. Q. Did you hear Kippin call for beer? A. Yes.
THOMAS MILLER , JUN. I am the son of Miller who has been examined - I was at the beer-shop on the night in question - I was in the kitchen, and heard the crashing of the windows, and thought all the front of the house was coming in - I made my escape as well as I could through the kitchen, got over the wall - as I got over the wall, somebody got hold of my leg - I got away - the wall parted between us, and fell down - I got on the privy in Fair-street, and hid there about half a minute - I saw fourteen or fifteen people in the yard - they had come through the house - they were not in the house before - they were part of the mob who came in to murder us, I believe - I know Batt - he was one of them - I saw him getting over the wall from the house - I do not know for what purpose, but one or two came close to me, and there were fourteen or fifteen, and they said,"Here is the bl-y police;" and some of the men in the yard said, "Never mind if there is a hundred" - I afterwards saw the police - I made my escape through the house, after seeing a man fall down, and got into the street - I saw Batt go up as far as the pots - he did not go into the mob then, but came back, and I saw his face - I saw a lot of policemen coming, and I seized him and gave him in charge.
COURT. Q. You say you saw fourteen or fifteen come through the house, into the back yard, who appeared part of the mob; was Batt one of them? A. I saw Batt getting over the wall - I did not see him come out of the house - he was getting over the wall behind the house - my father did not live in Lidyard's house.
JOSEPH BARDON (policeman). I went to the White Lion on the evening of the 6th - I was in Stepney-fields about two hundred yards from the White Lion, and heard a shout of huzza - I ran towards the house - when I got to the corner of the street, I saw a body of persons, I should think between four and five hundred, as near as I can calculate - I heard the stones rattling against the house, at the time I got to the corner - I then ran between the house and the mob, drawing my staff at the same time, and told them to withdraw - I then jumped over the ditch - I saw two or three stones thrown at the house, while I was there - I received one blow from a stone or brick-bat - before I jumped the ditch, I saw Batt standing on the opposite side, among the mob - in fact, he was in front of the mob - he threw two stones or brick-bats - I cannot say which - after going a little way back into the field, I jumped over the ditch again, went to the house, and was about entering the house - I had one leg in, when the stones came rattling about me - I got over the ditch again, and drove the mob further back - I returned to the house, entered it, and called for the landlord - I received no answer, and called a light, which my brother constable brought - I turned round to the window, and saw some respectable persons, as I took them to be - I charged them to aid and assist, and enter the house with me - they did so - we searched the bottom of the house, and then went up stairs - I found the front bed-room door broken open - the back bed-room door was fastened - I returned down stairs, and went out into the back yard; called for the landlord; found him in the next yard - he spoke to me at the wall - I returned to the White Lion - there was search made, and some money found scattered about - it was picked up by different persons - there was eight shillings in silver, and four shillings and seven pence halfpenny in copper - I heard, some time afterwards, that a person was taken into custody - I went to the watch-house, about two hours and a half after, and saw the prisoner Batt in custody.
Q. Did you say anything to the mob assembled about their proceedings? A. I told them to desist throwing; and the first man who threw a stone I would knock down, and take him in custody; but I knew my life was in danger - I cannot identify the other men; but next day I apprehended Kippin from information - I asked where he was the night before - he said, "At the White Lion," but he knew nothing about the row.
WILLIAM SHEEN (police-constable). I was in company with Bardon on the night in question - I saw Batt throw twice in front of the White Lion, he threw brick-bats or stones - he was in front of the mob, forming part of them.
COURT. Q. Did you go in the house? A. Yes: with Bardon - there were whole bricks in the house, and parts of bricks, and stones - one of the constables has one stone.
DENNIS POWER (police-sergeant). I went into the house - I cannot identify any of the prisoners - I found brick-bats and stones there, which had been thrown, and I produce some of them - these are not paving stones, but large stones which had been placed on the road; and here is one brick-bat - I saw a great portion of the front of the house and the inside demolished - it was apparently done by the bricks and stones which lay inside - a portion of the wainscoating, and the sashes which divide the parlour and the tap-room, and the window of the tap-room were entirely broken - the glass and sashes were broken in, the wood work as well as the glass.
JOHN MURRAY (police-constable). I saw the mob coming along Ratcliffe-highway - I saw Kippin among them, and laid hold of him by the collar; and said, "What are you doing here?" - he said, "What the devil is that to you? I am innocent" (this was after it was over) - they were a mile, I dare say, from the White Lion - they were coming along in a riotous way - they stopped opposite the Pewter Platter, and broke the window - they were a disorderly mob - I took hold of Kippin, and a mob came and rescued him from me directly - I saw nothing of Donoghue - I apprehended him in Brook-street, Ratcliff-highway, two days afterwards (on Saturday) - in going to the watch-house, he said, "Mr. Murray, what have you taken me for?" I said,"About the disturbance at Stepney, I believe" - he said,"Is that all? I wish they had broken the b-y b-s neck."
BRIDGET POWELL . On the evening of the 6th of February I was going to the White Lion, about half-past seven o'clock, and saw the mob go over towards the White Lion- I saw the prisoner Donoghue among them - I did not see the other two men - there were a great many persons in the mob - I cannot say how many - they went up Stepney-causeway, across the fields, and went to the White Lion - I saw Donoghue heave a stone towards the White Lion - that was when the mob threw stones - he said nothing on seeing me.
COURT. Q. How far did you see him go with the mob? A. I saw him come up the lane through Stepney-causeway and through Stepney-fields - I saw him for about a quarter of a mile before he came to the White Lion - he was all that time with the mob - when they got to the White Lion they began throwing stones directly - I saw him throw one stone - I did not see Kippin go into the house.
JOHN ALLEN . I am a waterman - on the night in question I was going to the White Lion, and was stopped by a person, and did not go - I met Donoghue in School-house-lane - I said to him, "Halloo, Mike!" he said, "Halloo, Jack!" and hallooed out to the mob, "Here is one" - I am occasionally a coal-whipper, and work for Miller - I ran off with all possible speed to get away from the mob to save myself, and at that time I heard the panes of glass being broken at the Pewter Platter - I did not see the other two - I held my head down, so that they should not observe me.
COURT. Q. Did they go to the White Lion after or before they went to the Pewter Platter? A. I do not know; it is three quarters of a mile from the Pewter Platter - Donoghue appeared to be one of the mob - this was close upon the stroke of nine o'clock, I should think.
JURY. Q. What made you think Donoghue was one of the mob? A. He addressed the mob who was walking with him, and said, "Here is one."
GEORGE RITCHIE . I keep the George public-house, Cock-hill, which is three quarters of a mile or a mile from Lidyard's house - on the Thursday evening from four to five hundred persons came to my house - they were coal-whippers - I saw none of the prisoners there - when the mob was going from my house a large number of voices called out, "Away for Miller's, and pull the b-s house down," and they went off - that was the cry of the mob - before that they had been threatening my house - they went towards Miller's house.
Cross-examined. Q. Do you know where Miller lives? A. I do not; I know where Lidyard lives - I did not see the prisoners among the party at my house - they broke my lamp - they could have done what they liked.
COURT. Q. Do coal-whippers frequent your house? A. Yes; some who work at one penny, and some at one penny farthing - I pay them myself for the masters - I paid some one penny, and some one penny farthing, at that time.
COURT. Q. How long were they in front of your house before they went away? A. I should think about ten minutes.
JOSEPH MORRIS . I am a surveyor - I examined the house of Mr. Lidyard, and found the sashes of the window in the front of the tap-room broken to pieces, as well as the glass that was in - the sash was broken to pieces, but not the outside frames - the middle frame, which we call the sash, which are the divisions between the panes - the frames were merely damaged with blows - the window of the front bed-room, over the tap-room, was literally broken, and the sash part and the frame damaged - the top part of the street-door had a sash, which was broken to pieces, and the door injured with blows from stones and brick-bats - the tap-room door, or rather the passage-door between the passage and tap-room, had the sash broken in, and the casement which turns on hinges - there was a pair of doors between the tap-room and parlour - one of those doors had a sash in it which was broken to pieces, and the panel of the other door was broken out - the back-yard wall was taken down, and the chairs in the tap-room broken to pieces - the wainscoat between the tap-room and the room behind was broken, and one panel broken out, and a panel between the tap-room and passage broken, and the partition very much injured with heavy blows - this all appeared to have been done with stones and brick-bats, by violent means.
THOMAS MILLER re-examined. Q. Where do you live? A. In Pleasant-row, Stepney-green, about three hundred yards from the public-house - no mob came to my house, nor was any damage done to it that night.
Batt's Defence. I am innocent, my Lord - I never saw anything done, and did not have a brick in my hand.
Kippin's Defence. I went to the house, and called for a pint of beer, not knowing the mob was near the house at all - as soon as they came, I came out, and went on.
Donoghue's Defence. I am as innocent as the child unborn.
Samuel Griffths , a coal-dealer; William Ellis , horsekeeper; Thomas Shepherd , rope-maker, of Stepney-causeway; John North , licensed victualler, Broad-street, Ratcliffe; William James North , William Blakey , ship-owner, Stone-stairs, gave the prisoner Batt a good character.
John Mason , licensed-victualler; William -, boot and shoemaker, Lower Cornwall-street; Thomas Corral , baker, Newmarket-street, Wapping; Peter William George , tin-plate worker, gave the prisoner Kippin a good character.
BATT - GUILTY . Death . Aged 45.
KIPPIN - GUILTY . Death . Aged 42.
DONOGHUE - GUILTY . Death . Aged 18.
OLD COURT, Thursday, February 20th, 1834.
First Middlesex Jury, before Mr. Justice Patteson.
321. MARY ADLAM and ANN PUGH were indicted for stealing, on the 8th of January , at Enfield, 12 silver tablespoons, value 9l.; 10 silver dessert-spoons, value 4l.; 2 silver gravy-spoons, value 30s.; 2 silver sauce-ladles, value 16s.; and 9 silver forks, value 6l. 15s.; the goods of Rose Riddell , in her dwelling-house .
Ann Pugh pleaded Guilty , aged 20.
ROSE RIDDELL . I am a widow , and live in my own house at Enfield - the prisoners lived in my service at the time in question - Adlam was my cook - on the morning of the 8th of January I was asleep and heard a noise, a knocking at my door, and asked who was there - I was answered by both the prisoners, that they were sure the house was robbed, as the window of what I call the servant s'-hall was down and the pane broken - I got instantly out of bed - immediately opened the door and went down with the prisoners - I did not ask what made them think the house was broken open - I went down stairs - found the windowsash down and the middle pane broken, a chair under the window, and a spoon lying close behind it - I turned round to the cupboard where the plate was kept, and found both the drawers open - the plated articles were all left, but I found twelve table-spoons, ten dessert, two ladles, two gravy-spoons, and some tea-spoons missing - I took up the remainder of the things, and while I was going out of the room it occurred to me that the key of this room door was generally outside the door - on this occasion it was inside, that is the servants'-hall, where the plate was kept, and where the window was broken - I said to the cook, "How came the key inside the door?" - she replied, that when she came down stairs the door was locked - and when she picked up the spoon and gave it to me she said,"I dare say the person who had taken these things in their hurry has dropped the spoon" - I had parted with a groom a day or two before that, and I happened to say at the time, perhaps it might have been the groom who did that out of a pique, and the cook said, "If I was you, Ma'am, I would have a search warrant in the morning and search his house" - I took no notice of that, and they insisted on my going round into the different rooms, for they said they were sure somebody must still be in the house - I went with them, but found nobody - I went up stairs to bed. The value of the silver I missed was 20l. or 25l. - some of it was old silver - Adlam said they were washing in the washhouse when they heard some silver rattling - they were both together, and both said the same thing, but not together - Adlam said while she was washing she heard a noise in the servant's-hall, and that they took a light and went to see who was there, or what was the matter, and they saw the sash down, the window broken, and the silver taken away - I went to bed, and between eight and nine o'clock Pugh came up to me, with five tea-spoons in her hand, which she gave me - Adlam was not there- when I was disturbed in the morning, I went round to the doors and found them all locked, and the windows fast except that one - I had not been in the servants'-hall the night before.
Cross-examined by MR. PHILLIPS. Q. Is your groom here? A. No - he is a grown-up man - his name is Edward - the prisoner had a little black box - it was large enough to hold the spoons - I did not search her box at any time, because the spoons were found between three and four o'clock in the afternoon - Mead, the constable, brought them to me.
JURY. Q. Was there a lock on the drawer the plate was kept in? A. There was on the cupboard in which the drawers are - there is not a lock on the drawers, because the cupboard-door locks them in.
WILLIAM FOX . I have lived in the prosecutrix's service five months last January - on the morning of the 8th of January, I was called up by the prisoner - I have the care of the plate - I put it into the drawer in the butler's pantry the night before, and shut the drawer - the windows were shut and the shutters, but the screws were not put in - I locked the door of the room the night before, and left the key outside, and went to bed - I sleep in the adjoining room, three or four yards from the place - I was awoke in the morning - I do not know what awoke me - I got up at a quarter past four o'clock - I was awoke about three quarters of an hour before that, and did not go to sleep again - I heard the rattling of silver in the hall (which is a room next to mine, and the room in which the plate was kept) - and I heard it in the kitchen next - and I heard footsteps and talking in the kitchen, and silver rattling - I heard the rattling of the silver first, and then the talking - I heard nothing else - there were about two persons talking - I did not understand their voices - I could not tell who they were by their voices - it seemed like the housemaid's voice - I looked at the clock when I got up - it was just twenty-five minutes past four o'clock - I went into the kitchen and saw both the prisoners - Adlam left the kitchen about a quarter to five o'clock - I saw her come back - she brought in five tea-spoons with her and gave them to me - they were wet and muddy - she said she had picked them up on the green - it was about five o'clock - she had been out about a quarter of an hour - it was quite dark then - I do not recollect whether she took a lanthorn out - we were burning candles in the house - there is a lanthorn generally kept in the kitchen - I do not remember seeing it there when she was absent - it might have been there without my seeing it - I wiped the spoons, and put them into the drawer where the plate was kept - I did not give them to the other prisoner - this was after mistress had been down stairs.
Cross-examined. Q. Did you shut up the drawer after putting the spoons into it? A. Yes - I did not lock the cupboard - the housemaid came into the hall and took the five spoons up to mistress - they are the spoons Adlam said she had found, and gave to me - she might have had the lanthorn out and I not perceive it - I was a little frightened - the housemaid's was the only voice I could recognise - Edward was the groom - he was nothing else - he did not live in the house - he was an ordinary labouring man, who came and acted as groom - by pushing the shutter down a person outside could open it - Edward was discharged before this - I am sure of that - he had no right to come to the house - he did not come after he was turned away - he came one night - how often he might have come without
COURT. Q. Before you went to bed, had you locked the cupboard where the plate was kept? A. Yes, and left the key in it - I do not know whether the window was broken or not the night before - I had not looked at it - I had seen it at seven o'clock that night, and am sure it was not broken then - the shutters are inside the window - the shutters were put up, but not screwed - I do not know where the screws were.
JURY. Q. Were there any fastenings to the windows? A. Yes, a latch inside - it is a sash window - it was the bottom pane of the upper sash that was broken, just over the latch.
COURT. Q. What night was it that Edward came there? A. I think it is on the 7th, the day before this happened - I do not know at what time of night he came - he did not stay all night - it was either Monday or Tuesday, I cannot say which - this happened on Wednesday morning - I think it was on Tuesday he came - I am not quite sure of it - he went away soon after he came - he came about seven or eight o'clock at night - he did not see my mistress - he stayed a short time, and went away soon after.
JOHN DENTON . I am gardener to the prosecutrix - I do not sleep in the house - on the morning of the 8th of January, I went to work about seven o'clock - I went first up to the stable, and saw the new groom, (not Edward) - I went to work after this, and afterwards went to the house - I examined the premises where the window was broken - there were no footsteps outside, either on the green or the gravel walk - there is a gravel walk immediately under the window - I tried to lift up the window, but could not, because the bottom sash was pressed down so hard - the broken pane was in the top sash, which was down below, and the bottom sash above - they stuck fast and could not be moved - I and a carpenter afterwards tried to move them, but could not - the carpenter was obliged to get tools to do it - it had been wet that night, and there had been a great deal of wet before - the paths outside the window were soft - I could not see one footmark there - I did not leave any footsteps there in walking particularly - about the middle of the day I went into the house, I looked on the floor by the window, I saw no footmark there.
Cross-examined. Q. How long were you outside the window on the gravel walk; a good while, I suppose, trying to lift it up? A. Yes; we left footmarks then, but not when I went to look at first.
COURT. Q. How high was the broken pane of glass from the ground? A. Six feet, I should think - I could not reach it with my hand outside.
JOHN MEAD . I am beadle of Enfield - in consequence of information I went on the 8th of January to Mrs. Riddell's house, about one or two o'clock in the day, with Richard Watkins - I saw the prosecutrix there - I went into the butler's room and saw the window broken - I did not observe any glass on the floor - I saw glass outside, and two drawers in the butler's room were open - I did not observe any footmarks on the floor, but it was so long afterwards, I did not take notice - I am sure there was no glass on the floor - I went outside the house with Watkins and the housemaid (Pugh) - I examined the place and observed the path under the window - there were footmarks there then, as if there had been a great many people about - the window had been put up before I came - I afterwards searched the house, but found nothing - I went into the back yard, and found in the dust bin, wrapped up in a blue apron, a quantity of plate which I have had in my possession ever since - I found the silver in this apron - I brought it into the house - I think the first person I met in the house was Adlam - I had not seen what was in the apron then, but only judged it by the weight - I said to her,"Whose apron is this?" she said it belonged to the other prisoner, Ann, who was present herself - I then took Pugh into custody - while Pugh was going to the cage she said something - I went to the house next morning and took Adlam into custody.
Cross-examined. Q. About what time in the day did you take Pugh? A. I think about two o'clock in the afternoon, and I took Adlam about eleven o'clock next morning - I had not left her in custody of anybody - she had power to go wherever she liked.(Property produced and sworn to.)
ADLAM GUILTY . Aged 31. - Both Transported for Life .
Before Mr. Baron Gurney.
THOMAS POWELL . I am servant to James Beale , who is a hosier , in New Bond-street, in the parish of St. George, Hanover-square - on Saturday, the 25th of January, a little after three o'clock in the afternoon, I was in the shop, laying a parcel on a side-counter, and, on raising myself up, I perceived the prisoner leaving the shop with a pile of handkerchiefs under his arm - he went out of the shop - I pursued and overtook him ten or fifteen yards down the street, with the handkerchiefs under his arm - I seized hold of him, and he made a little resistance, but he could not get from me - Higgins came up and assisted me, and we brought him back to the shop door, and afterwards took him to Marlborough-street - the parcel under his arm was one hundred and twenty-seven silk handkerchiefs, worth 25l. - they had been placed on a show table, on the right hand side, some little distance in the shop - I had seen them about ten minutes before - I never lost sight of him.
THOMAS HIGGINS . I was in Bond-street, having left the prosecutor's shop five minutes before, and was returning, when I saw Powell holding the prisoner by his collar; and, as I came up the street, I saw him drop the handkerchiefs - I caught hold of him directly - I cannot say whether he dropped them before Powell collared him, or after - I took hold of him also, took him back to the shop, and
Prisoner. It is my first offence; I hope you will show me as much mercy as you can.
GUILTY . Aged 21. - Transported for Life .
Before Mr. Justice Park.
323. HENRY GOODACRE was indicted for stealing, on the 10th of February , at St. James, Westminster, 1 ruby and gold ring, value 5l., the goods of Francis Joseph Burke , in the dwelling-house of Peter Burke .
FRANCIS JOSEPH BURKE. I lived with my father, Peter Burke, at the time in question, in the Haymarket - (he was the householder,) in the parish of St. James, Westminster - I am a courier , and travel on the Continent - I have been out of England twice since this happened - the prisoner was valet to Monsieur Louis, the French giant - he desired me to let him show my ring to Monsieur Louis, who was a great amateur of jewellery - this was about six years ago, in the early part of the year - I let him have the ring, in my father's house - he was to show it to Monsicur Louis, but immediately to return it, which he never did - I never saw him afterwards - the giant was shown about, but I never could find where the prisoner went to - I made inquiry for the ring before I left England, but found both him and Louis were gone - I left England a month or six weeks afterwards - I met the prisoner on the 22nd of January, in Regent-street; that was the first time I saw him after he got the ring - I said nothing to him then, but applied at Bow-street for a warrant - he did not see me - the magistrate told me to give him in charge when I met him again - I met him again in Gegent-street, on the 25th, and gave him in charge - I asked him where he had been - he said, "In the country" - I asked him where my ring was - he said, he had been robbed of his clothes, and among them was the ring - he is a German - he said, if I would not take him before the magistrate, he would make up the ring to me - I would not consent to that.
Prisoner. Q. Do not you recollect that I wore the ring for six months in your presence after I got it from you? - A. No, you did not - I did not give it to you, on my oath.
Prisoner. I went to his mother's grave, in a vault, with him, when I had it on my finger. Witness. That was previous - he went to the vault, but not with the ring - it was before he had it.
WILLIAM WILSON . I am a labourer, and live at No. 17, Craven-street, Soho - I was in company with Burke when he met the prisoner - he asked him what he had done with his ring - he said he had been into the country, and had been robbed of his clothes and the ring likewise; and if he would not take him before the magistrate, he would make the ring good.
F. J. BURKE re-examined. The ring was of more value than 5l. - it was a gift from my sister - it could not have been bought for that; for the ruby was worth more than that - my father is a licensed victualler; and my sister lived with him - I had worn it eight or nine months - I am certain I never gave or lent it to him, except to show it.
Prisoner's Defence. He gave me the ring himself - I wore it six months in his presence, and was robbed of it with my clothes and all at Birmingham four years ago - the prosecutor cannot take a righteous oath respecting the conversation passing between us so many years ago - the ruby was all cracked to pieces - it was not worth one shilling and eightpence.
NOT GUILTY .
Before Mr. Justice Patteson.
JOHN WHITAKER . I am a furniture-broker , and live at No. 10, Long-acre, in the parish of St. Martin-in-the-fields - on the 20th of January I had a rosewood cardtable in my shop - it stood full eighteen inches inside the shop - it is an open shop - it was safe at ten minutes after four o'clock; and a few minutes afterwards I missed it, in consequence of information that I received from the witness - I had been at tea in the back-parlour, and left nobody in the shop - in consequence of information, I went out, and turned into Rose-street, and saw the prisoner walking quietly away with it on his shoulder - I said,"My friend, have you taken this table through distress?" on which he swore at me in a most dreadful manner, and attempted to throw it off his shoulder to break it - I caught it in my arms, put it into a green-grocer's shop, and caught hold of the collar of his coat, and held him against a brewer's dray till assistance came and took him - he made a most dreadful resistance, and kicked me in my private parts - the table is worth 6l. 10s. - that is the selling price - I asked thirteen guineas for the pair, and cannot take less than 13l. - it is second-hand - I gave ten guineas for the two - I bought them together.
Cross-examined by MR. PHILLIPS. Q. Was it at an auction you bought them? A. No; I bought them of Mr. Evans, cabinet-maker, High Holborn - he is a manufacturer - I cannot say how long they have been in use - in the day-time, the shop-front is entirely out - I have no shop-boy - I saw them safe at ten minutes after four o'clock - I could swear it was about twenty inches inside the shop, but I said eighteen, to be quite certain - no part of it was outside - I had pulled it more into the shop for safety when I went into the room to tea - I could not have seen it in the parlour if I had left it where it was - the prisoner did not tell me that a gentleman directed him to carry it, and promised him eighteen-pence, nothing of the kind.
COURT. Q. Do you live and sleep at the shop? A. Yes: the shop communicates with the dwelling-house, and is part of it.
JOHN SULLIVAN . I live in Angel-court, Long-acre - I keep a fruit-stall at the corner of the prosecutor's house, at the corner of Angel-court - on the 20th of January a young chap who is here, asked me if I had seen the table taken - I said I had not - I ran to the end of the court -
CHARLES COOKE . I live at Mr. Silk's, No. 8, Longacre, next door to Mr. Whitaker - on the afternoon of the 20th of January I saw the man take the table on his shoulder - it was the prisoner - I cannot say where the table stood, but I saw him take it on his shoulder - I had only just come out of master's shop - whether it was inside the shop, or outside, I do not know, but I saw him whip the table up on his shoulder very quick, and run off with it - I saw him take it up - he was just by the shop-front when I saw him take it on his shoulder - I saw nobody near him at the time - I am sure he went up Rose-street - he walked very quick.
Cross-examined. Q. How far were you from the shop when you saw him take the table? A. About a dozen yards, on the same side of the way - I could see him - he made no resistance with me - he said nothing till he came before the magistrate, when he said a gentleman gave him eighteen-pence to take it to New Church in the Strand.
Prisoner's Defence. A gentleman met me at the corner of Rose-street, as I was talking to a young woman who lodged with me twelve months before - the gentleman asked me if I wanted a job - I told him I did - he said if I would take the table to the corner of New Church, to the booking office, he would give me eighteen-pence, and the woman said, "Go on, you cannot get eighteen-pence every day" - I took the table - he said he had to call in King-street, Covent Garden, and would meet me - I was coming from master's at the Savoy, Strand, at the time, where I had done a day's work.
Susan Bland; Honoria M'Donald; Michael Ryan, carpenter and builder, of Golden-street; David Henessy , tailor, Buckeridge-street; and John Hickie , publican, St. Giles's, gave the prisoner a good character.
GUILTY - of stealing to the value of 99s. only . Aged 34 - Transported for Seven Years .
Before Mr. Baron Gurney.
325. HARRIETT WOODHAM was indicted for feloniously breaking and entering the dwelling-house of Rosina Johnson , on the 22nd of January , at St. Luke's, and stealing therein 6 tea-spoons, value 1l.; 1 necklace, value 1l.; 2 pair of sugar-tongs, value 10s.; 3 rings, value 1l.; 2 brooches, value 10s.; 1 chain, value 1s.; 1 cap, value 2s.; 1 umbrella, value 1s.; 1 box, value 3s.; and 1 bank-note for payment and of value £5., her property .
ROSINA JOHNSON . I am a widow , and live in Nelson-street, City-road, St. Luke's - the prisoner lived servant with me - on Wednesday, the 22nd of January, I went out in the morning and left her at home, about ten o'clock - I came home about ten the same night, and found a chest in the kitchen broken open, and a small box containing these articles taken away - I had left the chest in the kitchen, and left her there, but when I returned she was gone - I have two lodgers, and they were in the house - I lost out of the chest the property stated in the indictment, and some papers - the value of the things, besides the bank-note, was more than 4l. or 5l. - I gave information to the police.
Prisoner. I never went to live with her as servant, but as a lodger, the same as the other females.
JOHN WILKINSON . I am inspector of the police - I apprehended the prisoner on Friday evening, the 24th of January, about half-past nine o'clock, in a house in White Bear Gardens, Kent-street, Borough - as I passed by, the door was open, and I saw a man, who gave the name of Williams, shift something by his side - I went into the house and examined him - I found in his side pocket this chain - she was by - she directly stepped forward and said she had given it to him to pawn, and it was her property - I took her into custody - there was no evidence against her, as I did not know of this robbery, and she was discharged on the Saturday, and retaken about an hour after.
Prisoner. I did not give the person the chain, he took it off the table. Witness. She said it was her property, and she gave it him to pawn.
MARY LATTER . I am employed at the police-station - the prisoner was brought there in custody on Saturday, the 25th - I searched her, and found this ring on her - when I loosened her gown, it dropped from her - she said that was a ring which she had laid on the night before, and it broke - I picked it up and looked at it - she said she would give me that if I said nothing about it, and took no notice of it, and when I was going away she called me back, told me to get it mended and wear it for her sake, and take no notice of it; and she said she wished they might send her out of the country.
HENRY ROSS . I am a policeman - I apprehended the prisoner the second time at a house in White Bear Gardens, Kent-street, and took this cap off her head - there was an umbrella in the room which the prosecutrix identifies.
MRS. JOHNSON. This is my cap, it was in the chest that was broken open - I had not lent it to her - the umbrella is mine, and was in the kitchen, not in the chest - the ring and the chain are mine - the chain was fastened to the watch, and the ring was in a little box which was in the chest.
Prisoner. The cap she lent me, and she had my cap on which I have on my head at present; and the umbrella was lent to me, or anybody in the house, to use when it rained; the chain is my own - I have had it four years.
GUILTY . Aged 27. - Transported for Life .
Before Mr. Justice Park.
326. JAMES WILTON BLAKE , CHARLES HALL , HENRY WARE , and FREDERICK ELLIOTT , were indicted for feloniously breaking and entering the dwelling-house of Thomas Newsom , on the 18th of January , at Tottenham, and stealing therein 1 watch, value £3, his goods .
MR. DOANE conducted the Prosecution.
THOMAS NEWSOM. I live in the parish of Tottenham , and am the housekeeper - my shop forms part of the dwelling-house - they communicate together - I am a watch and clock maker - on Saturday, the 18th of January, I had gone to dinner, about twenty-five minutes to two o'clock, and fastened my shop-door - Fletcher, my journeyman, dined with me - I am sure every thing was secure when I went down to dinner - I had some watches hanging in the win
THOMAS WRENCH . I am a gardener - on Saturday, the 18th of January, I was near Mr. Newsom's shop, and saw Ware and Elliott - when I first saw them they were about eight yards from Newsom's shop - I looked after them, and saw Ware with his two thumbs pressing against the glass of the window - Elliott stood about three yards from him - it is a great thoroughfare about there - I was about eight yards from them - they saw me looking at them, and went away - I then saw the prisoner, Hall, come out of Castleton's beer-shop - I had not seen him with the other two - he crossed the road, and made a sign with his hand - Elliott and Ware had just turned the corner - they might have been in his sight but not in mine - I then saw him walk on the road, about twenty yards away from Mr. Newsom's towards London - he then came across the road, and went as far as the beer-shop door again, that is opposite Newsom's - I then went and rang Newsom's Bell - I had not seen anybody else go to the shop - Newsom's shopman(Fletcher) came out to me - he called Newsom up, and I told him what I had seen - Newsom went over to the beershop in consequence of what I told him - there was a hole made in the window when the two boys went away - I had not seen anything of the prosecutor at the time - I think the boy was pressing his thumbs a little lower than where I saw the hole - I should think about six inches below - I did not see him put his hand in it at all, and never saw him (Hall) with the other two - nor did I see Blake with them.
MR. NEWSOM re-examined. I went over to the beershop, and saw Blake and Hall there, but not the others - in consequence of something - I told them I suspected they had cut my shop window - Blake said he was a very respectable young man, and a dealer in hare skins, and was quite above any such thing - Hall said he knew nothing at all about the transaction, and that they had never seen each other before - they had a pint of ale drinking together - I gave them into custody.
THOMAS TYLER . I am eleven years old - I know the consequence of telling what is untrue - my father lives at Tottenham - I was near Mr. Newsom's shop at the corner of Stoney South, and saw Blake close to Newsom's window - I had never seen him before - I saw him picking the putty from between the glass and frame of Mr. Newsom's window with a sharp thing like an awl - I saw him after he had broken the window - I saw the window was broken, and then he put his hand in, and tried to get it out again - he was not above a minute trying to draw it out - I saw him draw his hand out - I did not see anybody come up after he put his hand in - Blake came away from the window, and after he got into the beer-shop Hall came from Edmonton way, and followed after him - I did not see him near the window - Blake went to the beer-shop when he came from the window - Hall was crossing over as Blake went into the beer-shop - it is a wide road - I did not see Hall near the window - Blake was going up the steps of the beer shop, and Hall got up to him - I did not see them talk together - I am certain of them - I saw nothing of the other two - the road is a great thoroughfare.
CHRISTOPHER FOWLER . I live at Tottenham with my father, nearly opposite Newsom's - I was at my father's window up stairs, and saw the prisoner Blake walking past on Newsom's side of the road, towards London - he was opposite my father's door, which is nearer London than Newsom's - he had passed Newsom's - he was sauntering along, and sometimes turned round and looked back - I saw Hall cross over the road and speak to Blake - I had not known them before - I am a tailor - they stood still while they talked - they were not above a minute talking - Hall then crossed the road and came on our side - I saw him return towards Newsom's - I saw Blake shake his head once or twice, apparently to Hall - he was looking towards Newsom's - he overtook Hall just below the beer-shop, and then they returned and went into the beer-shop together - I saw Ware and Elliott against Newsom's window a minute or two after Blake and Hall went into the beer-shop - I had never seen them with Blake and Hall - I saw Ware pressing against the side of the window - Newsom's shop door goes up steps - I saw them both go from the window, then they returned to the window again, and, after going to the window once or twice, Ware got on the steps and looked in at the glass door - they got down to the window again - they went to it several times, and always placed a hand close to the window - I then saw them cross the road towards the beer-shop, but could not see whether they went in - I saw them come from the beer-shop and go to the window again, and press against the window again - I saw no more of them.
GEORGE CASTLETON . My father keeps the beer-shop - on the Saturday in question I went down stairs to dinner, and when I came up there was Blake and Hall drinking a pint of ale - they were talking about some skins - talking together as acquaintances - they seemed to know each other, and were drinking ale together - they had three pints - I saw them talking and drinking together for about ten minutes, and while I was there Mr. Newsom and the policeman, Hurd, came in.
GEORGE WADE . I live at Tottendham - I was in the beershop, and saw Blake and Hall there talking together - Blake said to Hall, "You had better go up and tell him that I won't have the skins" - Hall went out, and I suppose was gone a minute or two, then he came back again - I was there when Newsom and the policeman came - I saw the officers search them both - Newsom and the policeman went out into the passage - after they were gone I saw Blake take a wire from his pocket or side, and throw it into the
GEORGE CASTLETON re-examined. I have heard what the witness has said about the wire - it is correct; I took it out of the fire, and afterwards threw it up the chimney, by Blake's desire.
JOHN ANDREWS . I am a carter - I saw Ware and Elliott on the day in question standing looking into Mr. Newsom's window - I did not see them do anything else- I did not know them before - I am quite sure of them - I saw them again three-quarters of an hour afterwards on Stamford-hill, about a mile off, as I was coming to Newington - it then wanted about twenty minutes to three - I first saw them about five minutes after one o'clock.
ROBERT HURD . I took the prisoner at the beer-shop about a quarter after two o'clock - I found a knife on Hall, and some money on the other - I received this piece of wire at the station-house from Wade - the money was given up to the prisoners at the office.
JOSEPH COOTE . I went in pursuit of the two younger prisoners - I was on duty on Stamford-hill - I saw them walking together on the further side of Clapton-common - they heard me call my brother officer to me - they both looked round and then both ran away - Elliott jumped over a fence into a gentleman's pleasure ground, and hid himself behind a heap of dirt, where I apprehended him - my brother officer took Ware.
Blake's Defence. All I can say is, I am not guilty - I get my living by buying skins - I went to Tottenham for that purpose, and called at two or three places there and at Edmonton.
Hall's Defence. I was going to Enfield at the time, and went with a young man who sells currycombs. I got up to Newsom's shop, and the young man was about selling some currycombs - he told me to go to the beer-shop, and he would come in a few minutes - I went, but he did not come, and I went out to look for him, returned, and in came the officers and took us.
William Shimpton, wheel wright, No. 35, Curtain-road; Eve Barfoot, licensed victualler, Curtain-road; James Roberts , timber-dealer, Curtain-road; and John Rawlins , gave the prisoner, Blake, a good character; and Joseph Hutchings , silver-plater, gave Elliott a good character.
BLAKE - GUILTY . Aged 24.
HALL - GUILTY . Aged 17.
Confined One Month , and then Transported for Life .
WARE - NOT GUILTY .
ELLIOTT - NOT GUILTY .
Before Mr. Justice Patteson.
327. WILLIAM EVANS was indicted for feloniously breaking and entering the dwelling-house of William Brady and another, on the 4th of February , at St. James', Westminster, and stealing therein 3 bracelets, value 7s., their goods .
WILLIAM BRADY . I am a jeweller , and live at No. 78, Quadrant, Regent-street, in the parish of St. James' - I am in partnership with Charles Patten , he lives in the house with me, the rent is paid by the firm - on the 4th of February, between nine and ten o'clock in the evening I was standing in the shop, which is part of the house, and heard a great noise of breaking of glass - I ran out immediately and saw one of the large panes of glass broken in pieces - I went in immediately afterwards to take care of my goods, and in a few minutes the witness, Anderson, brought me in a pair of bracelets, which I have had ever since - they are my property, and had been in the window close to a pane of glass which was broken - they are on a card - I missed one more bracelet, which I saw at the station-house.
ALFRED TOWNSEND . I am assistant to Mr. Ellis, of Ludgate-hill - on the evening in question, I was in the Quadrant, between nine and ten o'clock, and saw the prisoner looking earnestly in at the prosecutor's window - I watched him, and saw him deliberately thrust his fist through the window, from the inside of which I saw him take some things - he immediately ran away - I followed him, and caught hold of him in the middle of the road - he escaped from me - I still followed him, crying, "Stop thief - stop him!" - he ran down Air-street, and got into Piccadilly, where the policeman ran after him, and he was secured - I never lost sight of him - he is the man - I went back to the shop, and then to the watch-house - when the policeman took him he struggled violently - he did not appear to me to be drunk.
THOMAS ANDERSON . I am fifteen years old - I live at Mr. Lloyd's, in Conduit-street - on the 4th of February, I was in the Quadrant, and heard Mr. Brady's window smash - I turned round and saw a soldier run across the road - I ran after him, calling, "Stop thief!" - I followed him down Air-street; but, previous to this, I saw something drop from him, as he ran across the Quadrant, just off the curbstone, on Mr. Brady's side - I came back and picked it up- found it was a pair of bracelets - I took them into Mr. Brady's shop - I believe these to be the same - I gave them to Mr. Brady.
JOHN MAY (policeman). I did not apprehended the prisoner - I searched him at the station-house, between nine and ten o'clock, on the 4th of February, and found on him one bracelet, which I produce - it was in his right hand jacket pocket.
MR. BRADY. I cannot swear to this bracelet, as other houses may have the same pattern - I have no doubt about the pair the boy brought me, because it has our private mark on the card.
Prisoner. I was intoxicated - I did not know what I was doing - I believe that bracelet was put about me while they took me to the station-house.
GUILTY . Aged 23. - Confined for one Month , and then Transported for Life .
328. HENRY HOLLINGSHED was indicted for stealing, on the 3rd of February , at St. Andrew, Holborn , 1 pair of shoes, value 4s., the goods of Alexander Wilson and another, his masters , to which he pleaded
GUILTY . Aged 20. - Confined Three Months .
MR. CLARKSON conducted the Prosecution.
THOMAS ELEMENT . I am the son of John Element, who is a small farmer , living at Pinner, in Middlesex - in February, he had two heifers, which were kept in a field a little way from the house - I had seen them on Thursday morning, between nine and half-past ten o'clock, in the field, which has two gates to it - the gates were not locked then - they were shut - the animals could not get out - I went to the field next morning, after breakfast, and the heifers were gone - the gates were shut as they were before - I know the three prisoners - Armstrong lives at Pinner - I believe I have seen him there - the Deacons are farmer's sons in the neighbourhood of Pinner - when I went into the field, I saw the footsteps of two persons - I could trace them in the field and out of the field - and they had turned up into Mud-lane, which led to the London road - I traced them a great way down the lane - I could not tell in the road whether it was the footmarks of two or more persons - I could trace the heifers' footsteps also - I heard of the heifers again at night, when my father returned from Smithfield - I have seen them since, and am sure they are the same as were safe in the field on the Thursday morning - I saw them at Smithfield, last Friday, down a yard.
Cross-examined by MR. DOANE. Q. How many heifers had your father? A. Three - I did not go in the field again till next morning - the gates were both shut, and had a lock on; but the lock was out of repair - I saw two footmarks in, and two out; there was two one way and two the other - there were the footmarks of two persons having been into the field, and two out.
JOHN ELEMENT. I have a small farm at Pinner - on Thursday, the 6th of February, I had three heifers in a field a little distance from my house - I remember their being missed - I went into the field, and saw footmarks of two persons going in and coming out of the field - I traced the footsteps of two heifers towards Harrow, down Mud-lane - they might go that way to Smithfield - I went to Smithfield, got there a few minutes past three o'clock in the afternoon, and found Turle in the Ram-yard - I know the three prisoners, and they know my farm - I had seen them in the neighbourhood shortly before - I never saw them together.
Cross-examined. Q. You saw footmarks of two persons? A. Yes; I noticed there was two in and two out- I am certain both had gone in at one time and came out- they could not take step by step regularly as persons walking - they did not step, step by step, but side by side - they both went in together.
COURT. Q. Were the feet of different sizes or the same size? A. I cannot swear they were not the same footmarks of one person.
MR. CLARKSON. Q. They went side by side, as if walking in and out together? A. Yes; and the heifers appeared to walk in the same way - the footmarks were behind the heifers - I saw the footmarks of the same men coming in and going out, but the heifers only going out.
JOSEPH BLACKETT . I live at No. 24, Long-alley, Sun-street - I am a drover in Smithfield - about half-past four o'clock, on Friday morning, the 7th of February, I saw two heifers brought into the market - Armstrong was walking before them, and the two Deacons walking behind them - I asked Armstrong if he would have them tied up, and who they were for - he told me to tie them up, and I did - I said nothing to the Deacons - they did not help me to tie them up.
Cross-examined. Q. Only Armstrong spoke to you? A. Yes; the Deacons were coming behind the heifers - I did not see the Deacons and him communicate together.
JAMES LATHBURY . I am a butcher, and live in High-street, Aldgate - about half-past six on Friday morning I was in Smithfield and saw Armstrong - Armstrong came to me and said, "I have got two heifers to sell" - I asked what he asked for the two heifers (he had not then said he had two heifers to sell) - he said 8l., and I offered him 6l. - 8l. was considerably less than their value, but having suspicion, I offered him 6l. - Armstrong agreed to take 6l., which confirmed my suspicions - I gave him 5s. deposit, and told him to go into the Rose, and I would get him the remainder of the money - he had not then said where he got them - I ordered the drover to untie the heifers, and take them down the Ram-yard - I gave the ostler directions to deliver them to nobody until he saw me - I then went to a policeman, and at last found Robert Turle - I took him to the Rose - called the prisoner out of the tap-room into the coffee-room, and said, "I think you have not got the heifers honestly" - he said, "For what reason?" - I said, "Because you have sold them to me for half their value" - he said he had, and that he bought them at Barnet fair - I asked what he had done with them since Barnet fair, which was in September - he said he had been keeping them in the meadows - I think he said he gave 3l. a-piece for them, and bought them of a Welchman, and had been keeping them in the meadows at Elstree - I asked his name - he said William Smith - I know people who live round Elstree, and asked him if he knew Mr. Wheel, or Gurney - he said, "No" - I asked if he knew any master-butcher there- he said, "No," and I gave him into custody - I have not seen the heifers since - I saw them go down the Rose-yard - I delivered them there myself - I left them in care of the ostler, where we put beasts.
Cross-examined. Q. During the transaction, did you see either of the Deacons? A. Certainly not, and I believe them to be two respectable young men.
ROBERT TURLE . I am a policeman - on Friday morning, the 7th of February, I came on duty at five o'clock in the morning - Lathbury applied to me - I accompanied him to the Rose-inn, and there saw Armstrong - after some conversation between him and Lathbury, I asked where he
JOSEPH BLACKETT re-examined. I untied the heifers and took them down the yard with Mr. Lathbury - I took the same heifers out when Mr. Element was there - they were the same as I had taken down there, and the same as I had tied up.
Cross-examined. Q. Had you seen either of the prisoners with them? A. When I tied them up Armstrong was with them - I saw the heifers again the same afternoon after I had been to Guildhall - I was about the market most of the day - I had untied them in the morning when Lathbury bought them - that was about an hour after I had tied them up - Lathbury told me to untie them, and put them down the yard - that was in the morning - Element was not present then - it was market-day - there are not a great number of heifers on Fridays there - there might be one hundred, two hundred, or more - I had been employed tying up beasts, sheep, and calves, that day - I tied up no beasts that day, except the two heifers.
Q. What was there particular about these two heifers? A. They were both white-backed ones - I cannot say how many white-backed ones there might be in the market; but these were in my hands, and I tied them up.
Q. Was there anything to prevent somebody untying them and putting two others there? A. Yes: Mr. Lathbury put three clips on their hips - I saw him do that, and saw that mark again when Element was there.
JOHN ELEMENT . Pinner is thirteen miles from town - I observed the traces of the feet in the field - I have not applied the prisoners' shoes to the marks - they were fullgrown persons' footmarks - I do not recollect ever seeing the prisoners near the field, nor ever seeing them all three together - they do not live half a mile from my premises, I think - I cannot say when I saw either of them before the robbery.
Mark Deacon's Defence. I was going to London on Thursday, and just at the Bell, at Pinner, this young man asked if I was going to town - I said I was - he asked me to drive the two heifers, and he would satisfy me.
George Deacon 's Defence. I was with my brother - the young man asked us to help him to drive them, and he would satisfy us - we went into a public-house - when he sold them he said he would satisfy us.
MR. CLARKSON. Q. Do you live at Pinner? A. Yes: at the Bell - I was at the Bell on Thursday night, the 6th of February - I saw Armstrong there - the two other prisoners were there too, at ten o'clock - all three together - I do not know where Element's field is - they left the public-house at ten o'clock - all the lot in the house went out together, as our house was to be shut up.
COURT. Q. Do you know how far they live from you? A. About a quarter of a mile - they were at my house sometimes, not very often - several persons were in the house.
NOT GUILTY .
WILLIAM BURCHETT . I have a warehouse at No. 29, Cheapside - I am a shoemaker - the prisoner was my shopman in September last, and for nearly four years; and in the habit of taking goods out occasionally - he was to bring back the money - I carry on business in the name of Williams and Co - I am the only person interested in the business - Mr. Thorne, of Bucklersbury , is a customer - I sent the prisoner, about the 12th of September, with a pair of boots, which came to sixteen shillings, which he was to bring back - he came back and told me Thorne was in great haste - that he was going into the country for a few days, and would call when he came back and pay me - I have a customer named Frederick William Montague , a surveyor - the prisoner was sent to him with a pair of boots, for which he was to receive twenty-seven shillings - he came back and said Mr. Montague was going into the country for a short time, and when he returned he would also call and pay me - that was on the 4th of September - he brought me back no money - Richard Heatley owed me 7l. 14s. 9d. - I sent the prisoner on the 16th of September for it - he came back, told me Mr. Heatley was in the country, and would not return for a fortnight to come - he brought me no money from him - the prisoner had twenty shillings a week wages, and boarded in the house.
Cross-examined by MR. CLARKSON. Q. Do you go by any other name than Burchett? - A. No; nor ever have - I have never gone by the name of Williams - I have no cause to sign that name - we make out bills of parcels as Williams & Co. - I might have signed a bill in the name of Williams & Co. - I attend to the business.
COURT. Q. Have you held yourself out to the world, or led people to suppose your name is Williams? - A. Not at all.
MR. CLARKSON. Q. That you mean to swear? - A. Certainly - many customers deal with me, and may not know but that I am Mr. Williams - I have never given them reason to believe that I was Mr. Williams, or that I was not - I may have put "Williams & Co." when I have received money - I have put the name of Burchett more frequently than Williams - Mr. Williams became a bankrupt, and Mr. Hurder took the stock - he was security to the assigness - Williams is my brother-in-law, and so is Hurder - Williams's name is rated in the parish books - the business is in the name of Williams - it goes on as it
Q. Is Mr. Williams, who has become a bankrupt, a lunatic? - A. He is at present at liberty - he is generally reported to be out of his mind - he is in business at the corner of Fetter-lane - he is a shoemaker - he carried on business where I do, before he was a bankrupt - after he became a bankrupt, Mr. Hurder was security for the stock - Williams went away - his name remained on the door; and I took the concern - I think that is about four years ago - I did not take his name from that time - I never represented my name to my customers at all - if they had asked my name, I should have told them certainly - if a person asked my name, I have told it them - I have not represented that Mr. Williams was the owner of the business, and that I was employed under him - I swear that.
Q. Do you remember, on any occasion, of a summons being taken out against a supposed debtor of the firm of the name of Britain? - Yes: I summoned him for a debt - I am free of the city.
Q. How long have you been free? - A. I do not know that I am compelled to state - I do not choose to tell you- when I summoned Britian, I did not represent that the business was not mine, and take out a summons in the name of Williams, and sign the name of Williams - on the contrary, the summons was taken out in both names - both my name and Williams were given in, as the firm stood in Williams's name - they would not grant a summons without both names were given in - I remember the shop being robbed at one time by a man who was charged with it - the prisoner was a principal witness on that occasion; and I then told the prisoner, as the name of the firm was Williams, he ought to have given in the name of Williams - I did not tell him to state that I was managing the concern for Williams, who was a lunatic - I might have told him to say Williams was a lunatic - I do not remember that I did - I cannot say either way - I did not tell him to say anything - I merely said, as the firm went by that name, that it would be more proper to give in the name of Williams as the prosecutor.
COURT. Q. Did you mean you recommended him to give the name of Williams as the prosecutor, when he was not? - A. It was after the prosecution; he gave in my name - I said, "I think you ought to have given the name of Williams" - not as proprietor of the goods - I did not instruct him to state the property belonged to Williams.
MR. CLARKSON. Q. You did not hear him state that? A. I was not present - I never told him to say Williams was owner of the goods, or that I managed the business for him - I did not say I had rather the man had got clear than I should be represented as the proprietor - I think I can swear that - I will not swear it.
Q. Pray did you tell the magistrate, when you went before him, that the firm of Williams and Co. kept no books? A. We do not keep books - I have a book which I call a memorandum-book - we sell for ready money - I could not say that we kept no books, because I produced a book - I said we did not book goods - I did not state we kept no books whatever - I said we kept no book but a memorandum-book - I said that the first time - when I was before the magistrate, the second time, I said I had a memorandum-book, and a book merely for me to put down daily accounts - the third time I produced another book, and said that was all the books I had - we have a book in which we enter measures, but nothing of money transactions - that book is for orders and addresses - I only keep those three books - I never had any destroyed - one is a memorandum-book, the other merely states the money taken in the day - I have that here; it contains the account of the receipts of the till - I never had any more than these three books - I do not keep a bill-book - I do not enter bills in any book - I have no Bills of Exchange - they pass through my hands in business - I accept bills in the course of business, one, two, three, or four, perhaps, in a month - not so many as fifty - I have no book in which I keep an account of those bills - I make a note of them on loose papers, which I put into my desk - they are not afterwards sewn together - I never had a bill-book to enter bills in - my son knows nothing about my bill transactions - the business is transacted in my name, and I accept them in my own name - I never accepted a bill in the name of Williams, never in my life, and never kept a bill-book - those three books are all I have kept - if anybody should say I kept more than that, he would be mistaken - Mr. Hurder is in court - he has nothing to do with the business of Williams and Co. - he is attending merely out of curiosity - he has no interest in the business at all - I purchased the stock from him - I had been in business in the same line before in Crown-street, Finsbury - I live there now - Mr. Hurder lives in the house where the business is carried on - it is let to him - nobody constitutes the firm of Williams and Co. but myself - I have not allowed my children to receive money on my account for the last two years - I had a person in my service of the name of Baines - I have not the third book here, it is merely an order-book and memorandum-book - I believe there is not a shilling of money entered in it - I am sure of that - I had no motive at all for keeping that book back - I could produce it in a few minutes, if you wish - I am not in the habit of drawing bills on Williams and Co. - I never did such a thing - I accept bills in my own name.
Q. Did not you prove under Williams's estate? A. Yes, I did, not on bills, I will swear that - I proved a debt - I think it was for goods he had of me - that is the same Williams and Co. whose name is over the door.
Q. In September last were you indebted to Mr. Burchett for goods? A. I do not know anybody of that name - I know the prosecutor - I was not aware who I was indebted to - I had goods from the shop in Cheapside, with Williams and Co. over the door - I owed that concern 7l. 14s. 9d. - I think I paid that sum of money on the 15th of September - I took a receipt for it, and hold it in my hand - I have not the least recollection of the person to whom I paid it- I gave him a draft on my bankers.
Cross-examined. Q. Had you dealt with the house any length of time? A. This bill appears to have run on a few months - I do not think I was ever in the shop in my
MR. FREDERICK WILLIAM MONTAGUE . I was supplied with boots from a house in cheapside, to the amount of 1l. 6s. - I paid the party who brought them home at the time - he gave me a memorandum at the bottom of the bill- this is it.
MR. CLARKSON. Q. I think you said, you paid the prisoner his wages? A. Yes; always - it was never paid by Hurder, not from the time I took possession of the property - he did not pay him in 1831, nor 1832 - he looked to me for his wages, and I paid him.
MR. MONTAGUE. I did not hear of the name of Burchett before this - I know the prosecutor by going into the shop to purchase the boots, and saw him there - I did not hear him call himself by any name.
THOMAS THORN . I live in Bucklersbury - in September last, I saw the prisoner - I paid him sixteen shillings, about the 13th of February, for a pair of boots which I had from Mr. Williams's, No. 29, Cheapside - I never saw Mr. Burchett till he waited on me on this business - I frequently send to the shop for shoes, but never was in the shop - I paid the prisoner the money - it is a ready-money business, and I took no memorandum of the payment - I did not know Mr. Williams, nor whether he was a servant.
Cross-examined. Q. You said you did not know whetheir it was Mr. Williams, or a servant? A. Yes - I mean the prisoner; I did not know whether he was Mr. Williams - I never saw Burchett - I never heard of his name till he came to me - I knew nothing of Williams or Burchett's concerns.
MR. HURDER examined by MR. CLARKSON. Q. Do you know when Mr. Burchett took up his freedom? A. No; I do not know whether he was free of the City when the prisoner was taken into custody - I have not heard him say so - I will swear that - I do not know whether he has taken it out since this prosecution - I sold the business to Mr. Burchett, in 1829, as agent to the assignees - the prisoner has fetched goods from my house in Skinner-street.
COURT. Q. Do you know whether Mr. Burchett carried on the business on his own account? A. I know, on my oath, that he has, since 1829.
MR. CLARKSON. Q. When did williams, the lunatic, become a bankrupt? A. In 1829 - Mr. Barker, of Northampton-place, and Mr. Brown, of Bermondsey, the two assignees, had all the property - I had my share of it - I had a dividend - I had the whole of the goods - I had no goods out of Willimas's shop after his bankruptey, nor before - I never had any of his goods.
COURT. Q. You have been asked if any of the goods belonging to the bankrupt came into your possession? A. When he became a bankrupt, two assignees were chosen - Barker and Brown were the two assignees, and they gave the whole of the property into my hands, as their agent - I sold it on their account, and they received every farthing of the money - I was employed by the assignees to realize what I could from the property - I did not sell all the goods - he had all the goods in Cheapside; but there are four other shops - Burchett paid the price put on the goods by the assignees.
WM. BURCHETT re-examined. Q. When did you make yourself free of the City? A. I have made two or three applications, but did not take it till to-day - I made my first application two or three weeks ago - the prisoner was taken on the 3d of January - I think it was after that time I applied for the freedom, but I cannot say to a certainty.
COURT. Q. Why did you apply for it just now? A. It had nothing to do with this prosecution.
MR. CLARKSON. Q. Were you not cross-examined by the magistrate as to whether you had taken out your freedom before he would commit the prisoner? A. No; it was not put to me at all - the question was asked me by the attorney, but not by the magistrate - the magistrate said he had nothing to do with it.
Prisoner's Defence. Deeply sensible as I feel at being placed in so disgraceful a situation, and knowing myself innocent, I entreat you duly to consider every circumstance. You will observe by the evidence that I have been for four years engaged in a house of business (for some mysterious motive or other) carried on by three or four different names, each one appearing in the character of proprietor, until some peculiar circumstance calls for the right owner of the property - and one is immediately put forward as such proprictor - such is the case now. Burchett has nothing to do with the property, nor, indeed, half so much as Hurder: I was hired by Hurder and paid several times by him; and I have been in the habit of making out bills and receipts of the firm always in the name of Williams; and on the occasion of a man robbing his shop, I solemnly and distinctly swear he cautioned me not to name him in court, for the penalties he would incur for doing business without his freedom; and he said, "Rather than name it before the grand jury, let the bill be thrown out." Had my counsel have called his son, I should have been borne out in that by the witness. Before the magistrate at the examination, he distinctly swore he kept no books - it can clearly be seen by the jury, if they will inspect the manner the cash-book is kept; it is a mere jargon of figures which no gentleman can understand. The prosecution is merely malicious, because they were aware one of the firm or party would have proceedings instituted against them, and to get me out of the way, being almost the oldest servant in the concern, they bring the charge - there are eight persons who receive money; the prosecutor, Mr. Hurder, Williams, the lunatic, the uncertificated bankrupt has even received money in the shop due to the firm under his own name, and put it in his pocket, and laughed at the way he was cheating the assignees - this is a fact; my fellow shopman, Barnes, would bear me out - it was usual for me on receiving monies immediately to pay them to whoever was in the shop empowered to receive them - they could produce two or three hundred bills in my handwriting and receipts - I was desired by Burchett never to sign his name, but Williams's, which I always did- I never objected to sign my own name, if a customer asked it - I call your particular attention to the fact that none of the witnesses could say I received the money; nor did I; I never received a halfpenny from either of the gentlemen appearing against me - the prosecutor begged Mr. Al
WILLIAM SMITH . I carry on the business of a whalebone cutter, at No. 71, St. Paul's Church-yard - I have known the prisoner these fifteen or sixteen years - I had dealings with his father - I always heard he has been a very honest boy - I have also dealt with Williams and Co., Cheapside, for myself and children - I have paid the prisoner in the shop, and he has immediately gone to the desk and given the money to the party there - sometimes I have seen this gentleman, who passed as proprietor of that shop, and I always knew him by the name of Williams - his son, this very day, or a servant in his employ, served me with a pair of boots - I paid the money to his son, (I believe), as he said his name was Burchett at the desk.
Mr. BURCHETT re-examined. Nobody but myself and son make entries in the books.
GUILTY. Aged 34. - Recommended to mercy on account of his character . - Transported for Seven Years .
GUILTY. - Aged 20 - Strongly recommended to mercy
- Confined Fourteen Days .
NEW COURT. Thursday, February 20th, 1834.
Fourth Middlesex Jury, before Mr. Common Sergeant.
332. JOHN MARDELL was separately indicted for stealing, on the 28th of January , 1 shirt, value 6d.; 1 towel, value 6d.; and 1 pair of stockings, value 6d.; the goods of James Peck ; for stealing 1 shift, value 6d.; 1 towel, value 2d.; 3 napkins, value 6d.; and 1 piece of calico, value 2d.; the goods of William Humphrey ; for stealing 5 aprons, value 1s. 6d.; 1 pinafore, value 8d.; and 1 pair of stockings, value 2d.; the goods of Jeremiah Crane ; for stealing 2 pair of stockings, value 6d.; 1 apron, value 8d.; 1 shirt, value 4d.; and 1 table-cloth, value 6d.; the goods of William Pratten ; for stealing 1 cap, value 1s.; the goods of Mary Ann Grace ; and for stealing 7 napkins, value 1s.; 2 caps, value 6d.; and 3 towels, value 6d.; the goods of Daniel Mayo , to all which indictments the prisoner pleaded.
GUILTY . Aged 34. - Transported for Seven Years .
GUILTY . Aged 16. - Confined Six Months .
GUILTY . Aged 30. - Confined Six Months .
GUILTY . Aged 62. - Confined Six Months .
336. JOHN NIGHTINGALE , THOMAS JAMES , WILLIAM JAMES , and JOHN FARRAWAY , were indicted for stealing, on the 24th of January , 1 box, value 1s.; and 28 books, value 4l. 10s. ; the goods of Edward Colvill Edlin .
PETER HENRY EDLIN . I am the son of Edward Colvill Edlin - I go to school at Mr. Freeman's, at Enfield - on the 18th of December I left school for the holidays, leaving behind in the box-passage this box, with a great many books in it - it was locked up safe - I have since seen the box before the Magistrate, broken open, and some of the books which I had left in it are here now.
WILLIAM PARKER . I am servant to the Rev. Mr. Freeman - Master Edlin was at school there - I saw his box in the box-passage - on the 24th of January I went to Cracknell's cow-shed, about a quarter of a mile from the school - I found this box there, some books were in it and some out - I do not know whether any of them were missing - I saw some footmarks leading from Mr. Freeman's play-ground, which appeared to be boys' feet.
JOHN CRACKNELL . I have a field which has a cow-shed in it - on the morning of the 24th of January, I went to my shed, and saw this box - it was open, and some books were in it and some strewed about - I put them into the box - I told Parker of it.
JAMES READY . I lodge with my brother, at Edmonton - I sell oranges and fruit - I was passing the Cock, near Hound's field, at Edmonton, on a Friday four or five days before I went before the Magistrate, I saw the four prisoners there - they each of them had a book in their hand- I gave three of them an orange a-piece for their books, but I cannot say which of the prisoners it was - I think I had one book of Nightingale - I told every one I met that I had the books, and gave them up to the officer.
RICHARD WATKINS . I am a horse-patrol - on the 24th of January I heard of this robbery - I examined the footmarks which led into the shed from the pales of the playground - I found four books under some loose hay in the shed - I knew the prisoners, and took them on suspicion - I afterwards saw Ready in company with two other persons - I asked if they knew anybody in their line who had received some books of some body? - Ready said he had; and he went home and got these gooks - I took him to the cage, and he identified the prisoners.William James said they carried the box across the field, and when they came to the fence, two of them got a stick and pushed it up to Farraway, who was on the top of the fence; but he let it fall on a stone, which broke it, and by that means they saw what was in it.
Transported for Seven Years .
MR. CLARKSON conducted the Prosecution.
GEORGE ROBINSON. I am clerk to Mr. Tomlins, an attorney - I reside at Finchley - on the 14th of January, at a quarter past six o'clock, I was returning home - I stopped at Mr. Heming's, at Highgate , to light the lamps of my gig - I had my travelling cloak with me - I took some articles from the pocket of it, and left it safe in the gig, while I ran to light the lamps - I returned in two minutes- the cloak was then gone - the prisoner was brought to me with it, within two minutes more.
Cross-examined by MR. STAMMERS. Q. Had you driven fast? - Yes, rather so - it was a very dark night - I saw the cloak the moment before I got out of the gig - I unbuttoned it from my legs - it could not have fallen out.
JOSEPH WOOD . I was at Highgate, and saw the prisoner about ten minutes past seven o'clock - he had nothing with him then - I saw him again about twenty minutes past seven o'clock, with this cloak on his arm, going towards town - I went on and saw the gig and the prosecutor - I told him, and he went with me after the prisoner.
VALENTINE HARRISON . I am a police-constable - I was on duty that evening - I knew the prisoner well - I received information that he was passing bad money - I saw him about half-past six o'clock - I then lost sight of him - I afterwards saw him again with this cloak - I asked where he got it - he said, he had picked it up - he did not say where.
Cross-examined. Q. Are you certain he did not tell you he found it in the road? - A. Yes, he did, near a heap of stones - he did not say where he was going to take it till he was before the magistrate - he then said he was going to take it to the station.
GUILTY . Aged 29. - Transported for Seven Years .
JAMES MITCHELL. I am a labourer to Mr. Simmons, at Southgate, in the parish of Edmonton - on the 16th of September, 1832, I was getting up in my own house at two o'clock in the morning, to go with my master's cart - I heard a pane of glass fall into the front room down stairs - I came down, opened the door, and saw the prisoner - I knew him before; he was an acquaintance of my father, and lived in St. Luke's parish, at London - he came into the room, and took some beer and some victuals which was on the table - I keep the house - I am single - I let one room up-stairs to a woman of the name of Spikely - when the prisoner took the beer and victuals, I told him to make himself welcome - he said he was hungry and dry, and he was going to London - I went into the back place, and he ran off with a knife off the table, and a watch out of a time-piece stand - I went, and saw my young master - I do not know whether I told him what I had lost, but I told it to a man in London.
Prisoner. Q. What did I come to you that morning for? A. I do not know - I do not know why I went into the back place - you had a dog in a string - I did not buy it of you - I got to town about half-past five or six - I did not offer to compromise this for 2l.; but you said if I had a mind to go to a friend of yours, I should be made welcome, and you would give me 2l., and 4l. after you had been out a fortnight - I called on you the other day, because you sent for me to come to you by a letter, which you told the person to tear as soon as he had read it to me.
RICHARD WATKINS . I am a Bow-street patrol - I received information, and took the prisoner on the 20th of September last, at Hertford gaol - I waited till he came out- I read the warrant to him, and he said, he could get over this; he knew nothing about it.
Prisoner's Defence. He asked me if I had a dog to sell- I said, "Yes;" and he told me to bring it down - I took it to him that morning - I said, "I have brought the dog"- he took it into the back yard - he asked me to have something to eat and drink, which I did - I then bade him good morning, and went away.
GUILTY . Aged 29. - Transported for Seven Years .
THOMAS BARNES . I am a soldier - on the night of the 2nd of January, I went to bed in the barracks in the tower, and hung my watch on a nail close by the bed-head about ten minutes past nine o'clock - the next morning, I awoke about half-past six, and my watch was gone - the prisoner
THOMAS WALKER . I am a pawnbroker - the prisoner brought this watch to our shop, about seven in the evening on the 3rd of January - my fellow-shopman took the watch, and asked how he got it - he said he had stolen it, in order to get his discharge from the regiment - we said, we had orders to stop him - he ran off - I went after him, and caught him.
GUILTY . Aged 21. - Transported for Seven Years .
HANNAH HUGHES . I am the wife of John Hughes, a linen-draper , who lives in Chiswell-street - the prisoner was in my service - on December 29th, I went to church in the evening, and returned about half-past eight - we rang the bell - the prisoner was a long while coming, and when she came, she was in a very confused state, and had no candle - I went into her bed-room, saw the mattress pushed up, and under it was some new green baize - I went down, and told my husband - he said, we would let it be till the next morning - the next day, we missed a silver salt-spoon - I taxed her with it - she denied it, and wanted to go out; but my husband stopped her, and sent for an officer - I thought she looked very bulky, and said, I was sure she had the baize round her - she then ran up stairs, and in three or four minutes I followed her - she was not then in her room - I looked, and missed the green baize from under the mattress - I went to the young man's bed-room, and saw her there, pushing the green baize under their bed; but she did not see me - she had her apron off, and her gown open- she then came down, and said, she had nothing, and we might search her - the officer then came - we went to her room, and could find nothing - we then went to the young men's room, and found the baize under the bed, folded up and quite warm - it could not have been there an hour before, as she had made that bed, and must have seen it - when it was found, she said she had never seen it in her life.
JAMES TILT . I was at that time a serjeant in the police- I was sent for, and found this baize between the bed and the mattress; but, before I found that, I went into the prisoner's bed-room; she took an opportunity and put half-a-crown into my hand, and said it was for me to speak as favourably as I could - I put it down again, and she took it up.[ Mary Clark , of Covent-garden, gave the prisoner a good character.]
GUILTY . Aged 35. - Confined Four Months .
GEORGE HAWKINS (police-constable, 43 S.) On the 30th of January, at half-past five o'clock, I was on duty in Aberdeen-place, Edgeware-road - I saw the two prisoners coming along, each of them had a sack across his shoulder - Row passed me and wished me a good morning - Green stopped for a moment and then crossed the road, as if to shun me - I followed him about two hundred yards - I then asked what he had got - he said mushroom-spawn, which he had brought from Brentford; I said,"I should like to look at it;" he then called out to the other prisoner, "Jack!" - I said, "Never mind him, if you have nothing but mushroom-spawn, you may go on;" he then said, it was some fowls they had found on the road - I said he must consider himself as my prisoner; he said he should like to speak to his mate; I said he might - he and I both ran after him - I found a sweep, and left Green in his custody while I went after Row - I found him in Paddington - in Green's sack I found three geese and six fowls, and on his person I found a clasp-knife and some poison; and, in Row's sack, were four wet shirts - they both said they found the things.
HARRIET COLEMAN . I am the wife of James Coleman- we live at the Hive, Edgeware-road - I know these shirts, two of them are my husband's, and two of them I had to wash - I missed them about six o'clock in the evening, of the 29th of January - I live about five miles from where the prisoners were taken.
Row's Defence. We were coming along, and found the two sacks.
GREEN - GUILTY . Aged 22.
ROW - GUILTY . Aged 20.
GEORGE HAWKINS. I found these geese and fowls in the sack which Green had.
WILLIAM WOODLEY . I live with Mr. W. Ham, at Gutter's End, near Hendon - I look after his poultry - I locked them up on the evening of the 29th of January, and the next morning I missed six hens and three geese - I saw them when they were found, and knew them well - these are the heads and feet.
GREEN - GUILTY . Aged 22.
ROW - GUILTY . Aged 20.
Transported for Seven Years .
ANN MORGAN. I am a widow - I went to Mrs. Allen's to tea on the 5th of February, and while there I lost this cloak.
ELIZABETH ALLEN . The prosecutrix came to my house on the 5th of February, between twelve and one o'clock in the day - I put her cloak into the two pair stairs room - we sent for it again at nine o'clock in the evening, and it was gone.
Prisoner's Defence. I neither pawned it nor took it, but I received the money, not knowing it was stolen.
NOT GUILTY .
JOHN GOVER was indicted for stealing, on the 15th of January , 2 hams, value 16s., the goods of Thomas Slone , and others, his masters .
WILLIAM COUNT . I am in the employ of Mr. John Slone and others - they live in St. Martin's-lane - the prisoner was their waggoner - on the 15th of January I was in Hemming's-row, and saw the prisoner with two hams under his arm - I suspected they were my master's - I called to him"George!" which is the name he goes by - he went on - I sent a young man after him - these are the hams - I believe them to be my master's - one of them is a pale ham, and one pale ham was missing from the warehouse.
Cross-examined by MR. CLARKSON. Q. Can you swear to these hams? A. No, not to either of them.
MARY WINSOR . The prisoner lodged at my house - on the evening of the 15th of January he came in and brought two hams, which he asked me to put inside my bar - I gave them to the officer the same evening.
WILLIAM BALLARD . I am an officer - I took the prisoner, and asked him where he had carried the hams - he said he had had no hams, nor carried any - I then said,"Where did you get the hams you carried to Mr. Winsor's?"- he said from the City, that his mother had sent him one, and some other person had sent the other - I took him to the watch-house, and the next morning he asked to see Mr. Wells, one of his masters; and he said to him that he had made a great fool of himself, but he hoped he would not be hard with him; and that it was Freeman's fault, who had led him into it - he said he had had three before; two he had sold, and one they cut up.
Cross-examined. Q. How many had you? A. It is not possible for me to tell - this pale ham was in a pile near the door - we missed one from the pile - I cannot tell how many there were but by the height of the pile.
NOT GUILTY .
NOT GUILTY .
JOHN SCAIFE . The prisoner lived twelve months with me as errand-boy - in consequence of some suspicion, I asked him for the key of his box, and sent the housemaid for his box - it was opened, and these braces were found in it, which are such as I sell for half-a-guinea a pair - they cost me about seven shillings - I swear they are mine - the prisoner said that he bought them in the street for two shillings.
Cross-examined by MR. PHILLIPS. Q. What did he say? A. I said it was my property, and it was ridiculous in him to deny it - I said it would be better for him to confess the braces were mine - I have no mark on them - I have sold some of them before I left Bond-street, which is three years ago - I cannot say these are not a pair I sold.
MR. SCAIFE. These are a pair which I know - they were made for a particular man - these are the first I made in this way - they are quite experimental ones.
Cross-examined. Q. When did you make these experimental ones? A. About two years ago - I have not made any breeches-drawers like these since - I have made some pantaloon-drawers for the same gentleman - he returned these, as he did not approve of them.
Q. Have not these been washed? A. I should say decidedly not - I will not swear it; but, on looking at the button-holes, which is the best criterion to go by, I should say they have not - I cut these out myself.
NOT GUILTY .
MARY ANN SODEN . I am the wife of Richard Soden - we live in Whiskin-street, Clerkenwell - Susannah Parr was in our service - on the 7th of January we had a watch hanging in our kitchen; that was the last time I saw it - I went out with my husband at half-past six o'clock that evening, and returned at half-past ten o'clock - the watch was then gone; this is it.
SUSANNAH PARR . I am servant to the prosecutor - my brother and Thornton called on me that evening - I took them into the kitchen - I and my brother went out, and he gave me a shilling to get change, and to get a pennyworth of gin - I left the watch safe when I went out - when we returned, Thornton was standing at the door; my brother did not go into the kitchen, but he went away with her - I went into the kitchen, and missed the watch in about twenty minutes after they were gone; no one else had been in the kitchen that I know of; Thornton came back the same evening for my brother's pen-knife; I gave it to her, and told her the watch was gone; I asked her if any one came while we were out - she said, "Yes; some man came down into the kitchen, that she said, "What do you please to want?" and he said, "What is that to you?" and he went out of the kitchen - and she said to me, "Do not say we have been here, or we shall be caught;" my brother was very much in liquor.
ELIZABETH FURNELL . I lodge in the same street; I saw the prisoners that evening, and followed them all the way up the street; they stopped, and went into the prosecutor's - I heard of the robbery next morning, and described them.
PARR GUILTY . Aged 21.
Transported for Seven Years .
THORNTON GUILTY . Aged 19.
Confined Four Months .
GEORGE STONE (police-constable C 99). On the 13th of January, about three o'clock in the afternoon, I was in Leicester-square; I saw the three prisoners, and watched them for two hours, or more; they had then got to Titchfield-street ; King there took a flat basket from Mr. Thurgoods's window, and put it on Keen's head; he walked off; I went after him, and took him with him; Darman had a white apron on, which he took off and gave to Keen before the basket was taken.
KEEN GUILTY . Aged 19.
DARMAN GUILTY . Aged 16.
Transported for Seven Years .
ELIZA KING . I am the wife of Reuben King , a potatoe-dealer , in St. John-street, Clerkenwell . I employed the prisoner as a char-woman , on the 11th of January - I left the room for three or four minutes - when I returned, I saw her withdraw her hand from a measure which contained coppermoney; when she saw me she started, and dropped three halfpence on the floor - I picked them up, and went into the warehouse to my husband and said, I would pay her, and send her away, as I saw her drop some half-pence - I went back into the room, and she was putting away the tea things; her pocket struck against a sofa, and I heard the rattle of money - I then gave her a silver shilling, which was sixpence less than I had been accustomed to give her- I told her I was certain she had paid herself the other sixpence that day - she said she had not, and put her hand inside her gown, but did not touch her pocket - I then took hold of her pocket myself, and felt some copper in it - I told my husband - he sent for the police man, who found eleven shillings and ten pence three farthings in copper, in her pocket; there were two half-pence which my husband could swear to, and part of the copper was tied up in a duster which I had given her - the prisoner fell on her knees, and said, "For God's sake do not give me in charge," and offered to give back the shilling I had given her.
REUBEN KING. I saw the officer take the copper from the prisoner - I can swear to these two half-pence.
WM. CHINNERY (police-constable G 168.) I was called in, and took the prisoner - I found this copper on her - Mr. King identified these two half-pence, and Mrs. King identified this piece of a duster, in which some of the coppers were.(The prisoner put in a written defence, stating that the money found on her was her own.)
GUILTY. Aged 41.
Recommended to mercy by the Prosecutor . - Confined Two Months .
Fifth Middlesex Jury, before Mr. Sergeant Arabin.
350. ANN DAVIES was indicted for stealing, on the 17th of September , 2 sheets, value 7s.; 1 pair of stockings, value 1s.; and 2 towels, value 1s.; the goods of Edward Dalton , her master ; and WILLIAM POWELL for feloniously receiving the same, well knowing them to have been stolen , against the Statute.
EDWARD DALTON. I keep the Holland Arms, Kensington . The prisoner Davies lived with me as cook about three months - I did not miss anything then, but she was taken into custody about three months after she left me, and on her were found several duplicates, which related to my property - I have known Powell all his life; he was a neighbour's son, and was a kind of errand-boy in the neighbourhood.
RICHARD SWAN . I live with Mr. Wells, a pawnbroker, in High-street, Kensington - I have a pair of sheets pawned by a man on the 17th of September, in the name of William Powell - I believe the prisoner is the man.
GEORGE KING . I live with Mr. Bird, a pawnbroker, in Long-acre - I have a book, pawned in August; a handkerchief, in July; and a gown and a shift, pawned in September - they were all pawned by a man, two of them in the name of William Powell, and two in the name of John Timbs - I do not recollect the person.
THOMAS JOSEPH WEST (police-constable C 15). I took the prisoner Davies, and found in her box fifteen duplicates relating to this property, and that of Mr. Lee - the name of William Powell is on some of the duplicates - I went to the Holland Arms, from information, and found the prisoner Powell bedding up some horses - I asked him if he knew the cook who had lived at the Holland Arms - he said"Yes" - I said, "Did you pawn anything for her?" - he said,"No, by my God, I never did" - he denied it several times- I told him to be cautious, as what he said I should have to tell in another place; and that I had some duplicates with his name, in full length, on them - he then said, "I will tell you all about it: I went to the back of the house, and the cook threw the pair of sheets out of the two-pair window, and I caught them and pawned them."
Property produced and sworn to.
DAVIES - GUILTY . Aged 34.
POWELL - GUILTY . Aged 30.
Transported for Seven Years .William Hugh Richard Lea , her master .
WILLIAM HUGH RICHARD LEA . I am a licensed victualler , and live in Oxford-street - the prisoner came into my service on the 17th of August, and left me in the beginning of January - she was soon afterwards taken, and the officer told me he had found some duplicates on her, relating to some property of mine.
GUILTY . Aged 34. - Transported for seven years more .
FREDERICK PARKS . I am an apprentice to Mr. James West , a linen-draper , who lives in Shoreditch - between one and two o'clock in the afternoon of the 20th of January, the prisoner came to our shop alone, she asked to look at some smart dresses - I showed her a great many - she did not buy any, but asked me to give her a pattern of one - she stopped three quarters of an hour, and was then going to the door - I followed her, and asked to look under her apron, and took this print from between her legs; it is my master's property.( Robert Brough , of Huntingdon-street, Hoxton, gave the prisoner a good character.)
GUILTY . Aged 17. Confined Three Months .
353. FREDERICK JOHNS was indicted for stealing, on the 10th of January , 5 stoves, value 5l.; 1 nest of drawers, value 2l.; 1 counter, value 2l.; and 3 shelves, value 3l., the property of Richard Bickerton , and fixed to a building , against the Statute.
RICHARD BICKERTON . I live in the Seven Dials - I have a house in St. John's-street, Clerkenwell - I gave one hundred guineas for the lease, and pay sixty guineas a year rent for it - the prisoner applied for a lease, and said he wished to build a place in the yard - there were two written agreements drawn up, he had one and I had the other, but the magistrate had mine from me - I let the prisoner the house for 45l. a-year, which is 15l. less than I pay for it, but the house was a little out of repair, and it was specified, that if he put it in repair, he should have the fixtures - there are about eight years of the lease unexpired - he came into possession about the 21st of September, and about the 12th or 13th of January I applied for the Christmas rent - I found the counter and nest of drawers had been removed from the shop, and some of the stoves and other things; I spoke to him about them, and asked for the rent - he said he was not prepared with it, but if I would wait till the Tuesday following he would replace the fixtures, and give me 5l. - I went on the Tuesday following, he was not there, but on the Tuesday night I received a note, and on the Wednesday I went and missed these articles - they had been there on the Tuesday.
Cross-examined by MR. PHILLIPS. Q. He told you he would replace the things? - A. Yes.
COURT to MR. BICKERTON. Q. Have you given notice to the prisoner to produce the counterpart? - A. No.
NOT GUILTY .
354. ELIZA KELLY and MARGARET JAMES were indicted for stealing, on the 7th of January , 1 watch, value 5l., 3 seals, value 20s., 1 ring, value 5s., 1 watch-key, value 2s., and 2 handkerchiefs, value 2s. , the goods of James Shepherd .
JAMES SHEPHERD. I am a servant - on the 7th of January, between eleven and twelve o'clock at night, I fell in with the prisoner Kelly in St. Giles' - she asked me to treat her - I did - I then went with her to her lodging in Bainbridge-street, St. Giles' - we went to a one-pair room, where James was in bed - I did not give her any money; but I sent for a quartern of rum, which James got up and went for - when I was going up stairs I took my watch out of my fob, and put it into the breast-pocket of my coat, and my handkerchief on it, as I did not like the place - James returned with the rum in about five minutes - Kelly poured it into a cup, and handed it round - James tasted it - I took a small drop - Kelly then said, "I must go down for some water," which I understood was to mix with her liquor - she went down, and did not return - in a few minutes I felt my pocket, and missed my watch and handkerchief - James had not been near me; but Kelly had been very handy in handling me about while James was gone for the rum - I got a policeman - we went up to the room and found James in bed - he told her to get up - Kelly soon afterwards came in, and said she was the person - I lost a second handkerchief, which I had taken off my neck when I went into the room - that was burnt - I did not sit down, nor lie down.
Cross-examined by MR. CLARKSON. Q. If you did not like the appearance of the place, why did not you go out? - A. Because there were some men at the door; and I thought I should have my brains knocked out by some bully - I had had something to drink with a friend in the City; but I knew what passed - I met Kelly at near twelve o'clock, as I was going to Great Portland-street - I have a wife in the country, but no family - I did not want to sleep with either of these girls; and I made no such proposal - I told Kelly I had no money, but enough to pay for the rum, and a few halfpence over - I never was in the habit of going to these houses; but I was a little elevated in liquor - I was not in the room more than ten minutes - James got up and put some of her dress on; but I turned my back to her while she dressed - Kelly pressed me to go to her lodging, and said we could have a glass off my handkerchief - I did not mean to stay; but I took off my handkerchief from my neck as I was warm - I had walked fast from Red Lion-square - I believe I put the handkerchief on a chair or a table; but I do not exactly know where I put it - I did
JAMES WALKER . (Police-constable, E 80.) I was called between twelve and one o'clock on the night of the 7th of January - the prosecutor said he had been robbed- I went into the room - I saw James in bed - he said that was the girl he had sent for some rum, but the other had gone down stairs for water - I turned my light off and waited about ten minutes - Kelly then came up into the room - I turned the light on, and asked the prosecutor if that was the girl - he said she was - I took her, and the next day the magistrate desired me to take James - she told me the duplicate of the handkerchief was in a glass, on the mantel-shelf, and that if I had looked in the bed, when I first went, I should have found it - she said Kelly told her it was her intention to rob the prosecutor, and she was sorry she had had anything to do with it - I had searched the bed when I first went, but found no handkerchief.
Cross-examined. Q. Were you sober? A. Yes; and so was the prosecutor - he said he had wrapped his watch in his handkerchief, and placed it in his breast pocket.
Kelly's Defence. The prosecutor stated at the office, that I took the handkerchief from his neck, which I could do not without his feeling it.
JAMES SHEPHERD . I did not - I gave 6d. for the rum, and had 41/2d. beside, and that I was robbed of - I only took off my handkerchief because I was warm - this handkerchief is mine - here is a little knot at one corner.
KELLY - GUILTY . Aged 19. - Transported for Seven Years .
JAMES - NOT GUILTY .
Mr. CRESWELL conducted the Prosecution.
FREDERICK ALEXANDER CANDLER . I am shopman to Mr. John Scales Christian - he is a linen-draper , and lives in Wigmore-street - on the 9th of January the prisoners came in together, and looked at some pieces of silk handkerchiefs - they did not select any from the first pile, but wanted to look at some others - I fetched four other piles - Anderson fixed on one, and asked Johnson if she liked it, and if it would wash - she said, "Yes" - I cut one off, and Anderson paid me 6s. for it - the prisoners then left the shop, and I told some young ladies, who were in the shop, that I missed one piece - I went to the station-house, and saw the prisoners there, and this piece of handkerchief, which to the best of my belief is my master's, but it was not folded then as I generally fold them - I missed a piece of this description.
JURY. Q. Is your private mark on it? A. No; not now - I cannot tell whether there was one when this was in the shop - we generally put them on gum tickets, which are apt to come off - I put a piece of this pattern and colour on the counter.
Cross-examined by MR. PHILLIPS. Q. How many pieces did you put down the second time? A. I cannot say, there was only one of this pattern - I know every pattern we have in the house - I cannot tell how many pieces we have- there are five piles about a foot high - if a handkerchief was taken I should miss it immediately, though there were twelve or fifteen pieces in a pile - the young ladies I mentioned it to were those who serve in the shop - I know this piece, as it had been in the window about three months before, and the part that was uppermost, when it was folded, was rather faded - I remember putting this particular piece in the window - I cannot say whether it was on the top of the pile or in the middle - I cannot find any trace of the gum mark on them - I missed this piece and another - the one I first missed has not been found.
Q. Have you not been giving the jury and me to understand that you missed this piece? A. I missed this, but this was not the one I missed first.
Q. But when you talked about your knowing it by its being faded, and by the fold, why did you not say that you did not mean this one? A. I have not had an opportunity - the prisoners were minutely searched for the other piece, but it has not been found - it was a British twill, a shell pattern, and a scarlet colour - I described it to the officer - I think there was only one young lady in the shop when the prisoners were there - she was twenty yards from me - but there were more when I missed the handkerchiefs - I did not see this piece found on the prisoner, but I saw it in about a quarter of an hour - I could not swear to it, but I went back and missed it from the shop - I cannot now swear it is ours, but to the best of my belief it is.
GEORGE HORSLEY WOOD . I am a relation of the prosecutor's - I was in his shop - I saw the prisoners there - I received information - I went out and sent for an officer, and when the prisoners came out I was at the door with the policeman - he took them in charge - Anderson made a violent attempt to get into the shop again, and so did Johnson, but I prevented it - Anderson said he had bought the handkerchief, or a handkerchief, and he ought to be treated like a gentleman - I followed them to the station-house and watched them.
Cross-examined. Q. Do I understand you that from the time they left the prosecutor's till they got to the station-house you were behind them and watching them? A. Yes; I do not believe they dropped anything in the street, but they might in the police-office - I saw Anderson searched there, and nothing was found on him; but Johnson went down with the cook, and she might have been bribed to take anything.
JOHN WHEALAN (police-constable D 81). I was sent for to the shop and saw the prisoners coming out - I took them to the station-house - they both objected to go, and made a rush to get into the shop - I searched Anderson at the station-house, and found these two silk handkerchiefs on him; he said he had bought them - this one is quite new.
Cross-examined. Q. Did you ask where he bought them? A. No.
JOHN CRAWLEY LITTLE (police-constable D 74). I was at the station-house when the prisoners were brought in - the man was searched, and after looking under the woman's cloak I took her down stairs, where a woman searched her
Cross-examined. Q. Johnson said, "This is what you are looking for?" A. Yes, I stated that before the Magistrate; I suppose it was taken down - there was nothing found on Anderson which the prosecutor claimed - I did not find anything dropped in the station-house, nor in the room below, but this piece.
Anderson's Defence. When the officer came and stopped me, I asked for what - he said, "I will tell you at the station-house" - I said, "This is the shop I have been in," and I wanted to go in, as I did not like to be stared at in the street - Mr. Wood put his hand to my bosom, and shoved me back, and said, "I shall not allow you to come in, you must go to the station-house" - I went, and was searched three times, and then twice more down stairs - after that, the shopman brought some handkerchiefs down and said, "Here are some handkerchiefs for you, do you know these?" - I said, "All the handkerchiefs I have are my own, and the one I have paid six shillings for."
ANDERSON - GUILTY . Aged 24.
JOHNSON - GUILTY . Aged 24.
Transported for Seven Years .
GEORGE MORRIS . On the 29th of January, I saw the prisoner at the prosecutor's shop, in Tabernacle-walk - a man took a ham off a nail, and gave it to the prisoner, who was at his side; the prisoner put it in his apron and went off - I ran after him, and, just as I overtook him, he dropped it - I had not lost sight of him.
JOHN JAMES STROTHER. I have one partner - this ham is ours; but I was out when it was taken.
Prisoner's Defence. A young man took it down, and gave it to me.
GUILTY . Aged 14. - Transported for Seven Years .
ANN CLARK . On the evening of the 10th of January, I saw the prisoner and another person at the prosecutor's shop, in Brick-lane ; the other man took a ham, and they ran off together - the prisoner did not take the ham nor touch it.
NOT GUILTY .
JOHN LISTON. I am assistant Clerk to the Commissioners of Charities - on the 4th of January, I was in New-street, Covent-garden , about ten minutes before seven o'clock - I felt two tugs at my pocket; I turned, and two officers had secured the two prisoners, and one of them had the handkerchief, which is mine.
THOMAS TIPPER , (police-constable F 152). I watched the two prisoners, and saw them go behind this gentleman; Moreton drew the handkerchief and passed it to Williams - I ran up, and secured the prisoner - Williams threw the handkerchief down, and I took it up.
Moreton's Defence. I never saw the handkerchief until I had been four days at the office.
MORETON - GUILTY . Aged 21.
WILLIAMS - GUILTY . Aged 19.
Transported for Seven Years .
OLD COURT. Friday, February 21, 1834.
Second Middlesex Jury, before Mr. Serjeant Arabin.
359. SIDWELL SUXSSPEACH was indicted for stealing, on the 10th of December , 1 cloak, value 15s.; 1 dress, value 6s.; 1 petticoat, value 2s.; 1 pair of stockings, value 1s. 6d.; 1 pair of shoes, value 4s.; 1 apron, value 2s.; and 1 boa, value 3s.; the goods of Henry Charles Chiverton , her master , to which she pleaded
GUILTY . - Aged 17. Transported for Seven Years .
360. WILLIAM WOOD was indicted for feloniously breaking and entering the dwelling-house of John Bale , on the 15th of January , at St. Leonard, Shoreditch, and stealing therein 1 pair of ear-rings, value 7s. 6d., his property .
JOHN BALE . I am a general salesman , and live at No. 3, Old-street-road, in the parish of St. Leonard, Shoreditch - on the 15th of January, when I came home, about half-past ten o'clock in the evening, the glass of my shop window was broken, and the ear-rings missing - they were safe about eight or nine o'clock, when I went out - I left my mother and brother at home - I fund the prisoner was in custody.
JAMES BALE . My brother left me at home - I was sitting in the parlour, and heard the shop window crack about ten o'clock - I went out instantly at the private door and secured the prisoner, whom I found at the window, and saw the ear-rings found down at his feet - the window was unbroken before.
Cross-examined by MR. BODKIN. Q. Are you quite sure the window was not cracked before? A. There was a crack across the pane, but not in the part he broke - the glass was all in the window before I heard the crack - I had seen the crack that day, but I had not looked at it that evening - I cannot swear it was not more broken before ten o'clock - on coming out I saw the man at the window - my brother had goods in the window - people frequently stopped to look in - I saw the prisoner and another at the window - there were no things hanging in the window to prevent my seeing - there was plenty of space, and I could see his person through the shop, because there was plenty of light - the other man ran away.
Q. On your oath, were not the rings found on the spot where the other man stood? A. No, they might have been half-a-foot from where he stood.
COURT. Q. The ear-rings were at the prisoner's feet?
JANE BALE . I am the prosecutor's sister - on the 15th of January, about ten o'clock, I saw my brother go out at the private door - I went out at the shop door and saw my brother holding the prisoner, and the ear-rings lying about six inches from the window - I took them up and gave them to my brother.
Property produced and sworn to.
Prisoner's Defence. I was coming down the road, passing the shop - I saw a man at the window, and when I got six yards from the window the prosecutor ran out, and said to him, "What are you doing there?" I turned round to see what was the matter; the man ran away, and he laid hold of me.
GUILTY . - Aged 26.* Confined One Month , and then to be Transported for Life .
Before Mr. Justice Park.
2d. COUNT. For killing the said sheep, with intent to steal the carcase.
Messrs. BODKIN and DOANE conducted the Prosecution.
DANIEL MAY . I am a watchman - on the 14th of January, I was on duty, near the Wrestlers public-house, at Highgate, about half-past eight o'clock in the evening - I observed a man, who is not in custody, named William Miller , whom I knew before, coming out of Dutton's-alley; he bade me good night, and went on - that alley leads from Mr. Gerrard's premises, which are on Highgate-common , just at the right of the Archway-road - about a minute afterwards, I saw the prisoner come up the same alley - I could see he had something under his arm like a sack or bag - I immediately followed him, and asked what he had got there - he said, he had not got anything - I told him he had got something, and must consider himself as a prisoner, and go with me to the watch-house - I have known him ten or twelve years - I knew them both before - I took him to the watch-house - we passed the Castle in the way; and opposite the Castle he made a stop - I said, "None of your nonsense, but walk along quietly;" and then he did so - when I got to the watch-house, I examined the contents of the bag, and found half of a dead sheep - the two fore quarters - I examined his pockets, and found in one pocket the head and pluck of a dead sheep, and in the other pocket a great deal of fat; and, in a third pocket, I found a cord, two snares, a knife, and seven pence in money - Watling, a watchman, was present at the watch-house - he is not here - the parts of the sheep I found on him were quite hot - he said, what was in the bag was all right, that he had found it, and Billy Miller knew all about it, for he had also picked up a bag, and that Miller had got the other part - I had not observed whether Miller had anything or not - the night was very dark - I made inquiry, and went to Mr. Gerrard's house, and saw Winterborn, his shepherd - I went with him to the field near Mr. Gerrard's house - that was on the same night - we found five sheep there - I found nothing else that night - I went early next morning with Winterborn to the same field, as soon as it was light, about seven o'clock - I found nothing there - we went to a wood, about a quarter of a mile off, and about fifty yards from the entrance of the wood we found a sheep's skin, which I have here - the entrails of a sheep was rolled up in it - I then brought the skin to the watch-house, and compared it with the head which the prisoner had in his possession - he was not present - my opinion was that the skin belonged to that head - Winterborn was present - part of the head was skinned.
Cross-examined by MR. PHILLIPS. Q. Who was with you the night before, and is not here now? A. Thomas Watling was at the watch-house, at the time I searched the prisoner, not when I stopped him - it was a dark night.
Q. What part of the head was skinned? A. The wool was all down the cheek, but about the neck the skin was partly off, and the place where it was off fitted the skin - it is my opinion, it belongs to that head - I am not a butcher- Samuel Atkins , a butcher, saw it - he is not here - I am a labourer - I am not accustomed to kill sheep - I never had any quarrel with the prisoner in my life - I was never accused of having committed a depredation at his mother's garden; if I was, it was unknown to me - I never made any remuneration to his mother, or him, or to anybody - I never had any difference with him, or his mother - they used to live opposite the Castle, two or three years ago, or perhaps not so much - I never gave him anything to drink after this transaction - I was never in any public-house with him.
COURT. Q. What hat or cap had the prisoner on? A. A glazed hat, like a sailor's hat.
WILLIAM WINTERBORN . I am in the service of Mr. Gerrard, of Hornsey, and look after his sheep - May came to me on the night of the 14th of January, and Watling with him - in consequence of what he said, I went with him to the field where master's sheep are kept - I had seen the sheep a quarter before four that evening - there were six sheep then - the field was fenced round - when I went with May, which was just at ten o'clock, I found only five - on the following morning early, I accompained May to search in the neighbourhood of the field, and saw a sheep-skin and entrails; I did not see it found, but I was in the wood at the time, and saw the skin and entrails in possession of Watling; May was there; Master's sheep were marked with a stroke of ochre right across the loins; they were all marked alike; this was a wether - I examined the skin at the watch-house, but not till I got there, I then found the ochre mark across the loins; I am quite sure it was the skin of my master's sheep - a sheep's head was produced at the watch-house; I saw it fitted to the skin; it appeared to correspond; it fitted quite as if I had taken the knife and done it myself; the end of the skin was cut with a knife, but not cut straight.
Cross-examined. Q. I think you said it was cut clean across with a knife? A. I said no such thing; it was not cut slanting, nor zig-zag; it was cut in and out - the wool was on it; where the knife parted it, there the wool was; none of the wool was off; there might be a little, but I did not observe any - this is the skin of my master's sheep; if I saw the skin a hundred miles off, I should swear it was my master's property, if I had seen it the day before; there is a
MR. BODKIN. Q. What is the mark on the head? A. On each side there are two faulty teeth, which I told the watchman to look for before I saw it.
GUILTY . Aged 22. - Transported for Life .
Before Mr. Justice Patteson.
362. JOHN CHAMBERLAIN, alias David Chambers , was indicted for stealing, on the 8th of January , at St. Pancras, 1 mare, value 20l., the goods of William Hickman , and others , and THOMAS CHERRY , for feloniously receiving the same, well knowing it to have been stolen , against the Statute, &c.
MR. BODKIN conducted the Prosecution.
KENRICK HICKMAN . I am a farmer , and live at Aldermarston farm in Berks , fifty miles from Hyde-park-corner; that farm at the time in question was in possession of myself and other persons; this horse was on the farm as part of the property there; Chamberlain was employed on that farm seven or eight years ago, or more; it is as much as that since I saw anything of him, until he was apprehended; on Tuesday, the 7th of January, this mare was on the farm; she is a black cart mare, rising three years old; she was missed about ten o'clock next morning; she was taken from the farm-yard, which was enclosed and shut in securely; in consequence of receiving a letter from London, I came up on the 14th, and went to a public-house in Great Portland-street; Ship and a policeman were with me; I there found Chamberlain; Ship asked him what he had done with the black mare which he had last week; he said he sold her at Smithfield market, the Friday before; he asked him to whom; he said he knew who he sold her to, but he did not mention the name; he asked him where he got her from; he said he bought her, and he knew who he bought her of, but did not mention the person; he was taken to the watch-house; he said there that he did not know who he bought her of, nor who he sold her to; I afterwards went to a timber-yard in Nutsford-place, and there found my mare; she was delivered to me by Hudson; I noticed a halter there, which I knew to be mine; I saw a collar afterwards in possession of Keys, the constable; I knew that to be mine; the mare was worth about 20l.
Cross-examined by MR. DOANE. Q. At what time on Tuesday evening did you last see the mare? A. Between four and five o'clock - I did not see the yard made fast - my brothers, William and Richard, are in joint possession of the farm with me - the mare belonged to us.
JOHN MASCAL . I live in the neighbourhood of Aldermarston, at Padworth, about a mile and a half from there - on Tuesday, the 7th of January, I was at the Butt public-house, in our parish, about a mile and a half from Hickman's farm, and saw Chamberlain there - I did not know him before - he came there in the morning, between eleven and twelve o'clock, I think, and he stayed there till a little before ten at night - he said he was going to see his mother-that his name was Chamberlain - I and he came out of the public-house together, about ten minutes before ten at night, and we parted directly - he went towards Aldermarston, and I went towards home - I am sure he is the man.
Cross-examined. Q. Had you ever seen him before? A. Never; we were together for several hours in the public-house - there were other persons there - he made no secret of his name.
MICHAEL PRADY . I am a carman, and live in Harford-place, Fitzroy-square - I have known Chamberlain between two and three years - I always knew him by the name of David, which is his Christian name - I never knew his surname - he rented a stable near to me last January - I saw him on the 8th of January, about seven o'clock in the evening- he had a black cart mare - I did not notice whether he was on the mare, or on foot - I saw him put her into his own stable; in about ten minutes afterwards, I was going up the place, and went into the stable, and asked if he had got an old soldier there - he said, "Yes" -
"- I found the mare there - I looked into her mouth and said, "She is not a very old soldier - she is not yet three years old," and said he had given her a rare bucking, he must have come a long way - he said he had come upwards of thirty miles that day- the mare looked very much distressed, as if it had come a long journey - there was a sack and collar there, and a cart bridle - next morning I lent him a broom to clean her with, and saw him in the stable cleaning her - on the Friday night, about half-past twelve o'clock, I heard a noise which induced me to get up - I looked out of the window, and saw Chamberlain and two other men with the mare under my place - they took it under the gas light, to look at her in front of my window - I paid no attention to what passed, but went to bed again - I saw Chamberlain on Saturday morning in the stable, Cherry and a man named Hawkins were with him - the tail of the mare was about an inch shorter than when I first saw her - she had been cleaned, and the tail was tied up with straw, as if going to be sold - Chamberlain and Cherry both said they were going to sell her - I saw them take her out of the stable - Cherry led her out into Harford-street, and then mounted and rode her away - Chamberlain was with him - I was examined before the Justice on the business, and was shown a mare in the stable of Emmet, a cow-keeper, on the 17th of January - it was the same mare as I had seen in possession of Chamberlain.
Cross-examined. Q. Had not you seen Chamberlain work the mare for two or three days? A. I saw her in a coke cart one morning - Chamberlain has been in the habit of hawking coke about the streets - I have seen him with several different horses - I saw the mare in the cart on the Friday morning, working in the streets - I only saw her that once.
FANNY FRANKS . I am the wife of Franks, a carpenter, of Oxford-market; he has a stable and yard in Nutsford-place, and works two horses in a saw-mill there - Cherry formerly lived with my husband as carman - on Saturday, the 11th of January, I went into the City, and returned home between twelve and one o'clock in the day, and found Cherry and Chamberlain in our stable-yard; they had got
Cross-examined. Q. While Cherry was in your employ did he not bear a good character? A. Very good; he lived six years in a situation, after leaving us.
THOMAS HUDSON . I live in Nutsford-place; I manage Franks' saw-mills; on Saturday, the 11th of January, I took the black mare myself up a yard from Mr. Franks' door in Oxford-market to Nutsford-place; neither of the prisoners were at Nutsford-place, but I saw them both at Oxford-market; Mrs. Franks told me to take the mare to the stable after she had bought it; I asked them both how they came by the mare; Chamberlain said he chopped at Smithfield with it, and that he had lent Cherry 2l.; Cherry said he wanted 13l.; I said, if it was worth 13l., I would not offer to sell it to Mr. Franks under the value for anybody; Cherry said if he had sold the mare, they could buy a horse for 3l. which would answer the purpose to go about with coke quite as well; after this, Mr. Hickman came to me; I delivered up the same mare to Mr. Ship.
Cross-examined. Q. Was Hickman by at the time? A. Yes; he owned the mare.
THOMAS OVERINGTON . I am a police-constable; I went with Mr. Hickman to the public-house in great Portland-street. I was present at the conversation, and took Chamberlain; and, as I went with him to the station-house, I asked where he got the mare; he said he bought it at Smithfield; that he knew the man, but did not know where he lived; and, when we got to the station-house, he said he did not know who he had bought it of, nor who he had sold it to.
FRANCIS KEYS . I am an officer of Mary-le-bone office; on Wednesday, the 15th of January, I went to Middlesex-street, Somers-town; Cherry lives in a court which leads out of that street; Hudson was with me; I sent him to Cherry's house; he brought him out to me into the street; I crossed over, and said, "What is your name?" he said,"Cherry;" I said, "I want you concerning stealing a horse belonging to Mr. Hickman;" he said, "Very well, I will go with you;" I said, "You are now in custody, and reserve what you have to say till you get before the magistrate" - we went in a coach, and on going up the court at the back of the police office, he said, "I had nothing to do with stealing the horse, I only went to sell it," and, I think, he said to his aunt, but I am not certain - I had seen Cherry before, and knew Chamberlain before, by the name of David Chambers , and Welsh Davey - I afterwards went to the stable, in Harford-place, and found a cart with the name of Chamberlain on it; and in that stable, I found this collar and a sack; and I have a bridle which Ship gave me.
MR. HICKMAN. That is my bridle; I know the collar also; the sack belongs to one of my men; the bridle and collar were on my farm, and were missed at the same time as the mare; I have a mark on them - Chamberlain worked on the farm, some years ago; he went by the name of James Chamberlain - he is a native of our parish.
Chamberlain's Defence. I bought the mare at Southall, and paid 7l. 10s. for it.
CHAMBERLAIN - GUILTY . Aged 28. - Transported for Life .
CHERRY - NOT GUILTY .
Before Mr. Baron Gurney.
363. ANN COURTNEY was indicted for stealing, on the 2nd of February , at St. George, 2 watches, value 5l.; 9 silver spoons, value 3l.; 1 pair of silver sugar-tongs, value 10s.; 2 silver ladles, value 15s.; 1 scarf, value 2l.; 1 shawl, value 15s.; and 1 shift, value 2s., the goods of Catherine Williamson , in her dwelling house .
MR. BODKIN conducted the Prosecution.
CATHERINE WILLIAMSON. I am a widow , and live at No. 26, High-street, Wapping, in the parish of St. George - the prisoner lodged in my house for four months, and left exactly a fortnight before Christmas - on the evening of the 2nd of February, the articles stated in the indictment were all safe in my bed-room where I slept - the drawer was locked - I heard a noise in the night exactly at one o'clock - the watchman was calling the hour - I heard something like a rustling and an unusual noise at the drawer - it was a noise in my room - I imagined it was the cat - I started up in bed, and coughed; and heard the rustling of a silk dress- and the moment I coughed the person ran down stairs, opened, my street-door, which was fastened with two locks (a spring-lock and a latch); and not one person in twenty could open it who did not know the state of it - I got up immediately, and struck a light - examined the drawers, and saw everything ransacked out of my drawers - the things stated in the indictment were gone - I found a key in the lock of the drawer the property was kept in - that key did not belong to the drawer - it opened the drawer - I had seen that key before in the possession of the prisoner when she lived in my house - she was taken into custody and discharged.
Cross-examined by MR. DOANE. Q. Is the property yours? A. Part of it - I have to make good one of the watches - I am a widow - the prisoner first lived with me four months before Christmas - that was the first time - her trunks were in the house in August - she went to service after a little but she only came now and then, and slept a night, at first she was out of a situation - after going to service she came again.
Cross-examined. Q. Are you sure she was he person? A. Yes.
HUGH HENRY CAMPION . I am shopman to Mr. Austin - I produce a watch, a pair of sugar-tongs, a pair of toddy-ladles, and a salt-spoon, which I took in pledge from the prisoner, I believe, on the 3d of February, in the afternoon, in the name of Ann Tucker - Mr. Austin has two shops - it is not the shop Pearce lives at.
MRS. WILLIAMSON. These things belong to me, and the shawl and scarf - they were all in the same drawer, and missed that night - the things all together are worth about £10 - I had not seen the prisoner in the house that night.
Q. When you went to bed was your house secure? - A. It was - it was not broken into at all - I distinctly heard the door opened - I had gone out on a message next door, for a minute, about ten o'clock, and left the door unguarded for a moment - I was not out of the house two minutes - I left the door open until I returned; and when I went to bed the house was quite secure - my daughter fastened it.
CATHERINE WILLIAMSON . I am the prosecutrix's daughter - on the night of the robbery I fastened the house up - I fastened the front door, and every thing as usual, about half-past eleven o'clock - the front door had a springlock, and a latch underneath.
Prisoner's Defence. I lodged with the woman for two months - I never entered her door since Christmas-day.
GUILTY . Aged 22. - Transported for Life .
Before Mr. Justice Park.
364. THOMAS PICKETT and JAMES SMITH were indicted for feloniously breaking and entering the dwelling-house of James Carter and another, on the 4th of February , at St. Leonard, Shoreditch, and stealing therein 1 shawl, value 12s., their goods .
JAMES ROSE. I live at No. 184, Hoxton Old Town - I am servant to Mr. Perrian, a coal-dealer - I was going out with some coal up the town, on a Tuesday, and saw the two prisoners looking into the coffee-shop window by the side of Mr. Carter's - then I saw Smith cut the putty of Mr. Carter's window - Pickett was standing by the side of him - Smith cut the putty - I did not see what he did it with - I was across the road opposite - I heard the glass crack - they pushed in the glass; and Smith took out a shawl, and put it under Pickett's apron - they then walked away quite fast down Bacchus'-walk - I put down my coals off my back, and went over to Mr. Carter's, and told what I had seen - Carter went after the prisoners with me- we met them running down Bacchus'-walk - they went into a house, the door of which was open - they were secured - I did not see the shawl found.
JOSEPH CARTER . I live at Hoxton, in the parish of St. Leonard, Shoreditch - I am a linen-draper , in partnership with my brother James - I have no other partner - we live in the same house - the rent is paid jointly - the shop communicates internally with the dwelling-house - on Tuesday, the 4th of February, I heard a sort of crack in the window - I was at the back of the shop - the witness came in - I went out with him down Bacchus's-walk, and found Smith behind the door, in a house there; and the other boy came running through from the back of the house directly afterwards - I afterwards saw the shawl - my window was broken - it was a small pane, but quite large enough to take a shawl through - the shawl was close to the opening - I asked them where the shawl was - they said they knew nothing at all about it - this was between eleven and twelve o'clock - I had seen the shawl safe at eleven o'clock - the hole was four or five inches square, large enough for a hand to go through - the putty had been recently put in.
Prisoner Pickett. The window was broken before. Witness. I had had it mended about a week before - it was not broken afterwards.
FRANCIS COOK . I live in John-street, Bacchus'-walk - my side door which enters into my yard was open, on the morning in question, and a girl about seven years old, who was playing with my children, brought me a shawl - I saw her pick it up, about two yards from my side door in my yard - I did not see either of the prisoners about there - I afterwards gave the shawl to a constable - this was about half-past eleven o'clock on Tuesday morning.
CHARLES CONSTABLE , (Headborough.) On Tuesday, the 4th of February, between eleven and twelve o'clock, I went to the prosecutor's shop, after the prisoners were brought back - after securing them in the watch-house, I went in the direction they had run - I went to Mrs. Cook, who gave me the shawl which I produce.
JOSEPH CARTER. I know this shawl is mine - I can swear to it - I had seen it that morning.(Richard Forster, jeweller, 6, Weymouth-terrace, Hackney-road, and Lydia Ford, gave the prisoner Pickett a good character.)
PICKETT - GUILTY . Aged 12.
SMITH - GUILTY . Aged 13.
Confined One Month and Transported for Life .
Before Mr. Justice Patteson.
365. WILLIAM TWEED was indicted for feloniously breaking and entering the dwelling-house of James Kay , on the 3rd of February , at St. Matthew, Bethnal-green, and stealing therein 1 pair of shoes, value 5s.; his property .
JAMES KAY. I am a shoemaker , and live in No. 2, Abbey-street, Bethnal-green - on Monday, the 3rd of February, about one o'clock, the prisoner came to my shop, and asked for a pair of boots - I showed him a pair - he said they would not do - he offered two shillings and sixpence for them - I could not sell them for that - I asked three shillings for them - he went away and came again at seven o'clock, and offered me two shillings and sixpence for a pair of shoes, which I had shown him on the Saturday previous, but they were lost on the Tuesday - I told him they were lost - he said I might search him - I had left them safe in my place at a quarter before seven o'clock that Tuesday night, when I went out, for I saw them - I then locked my door, and nailed the window down, by driving two nails between the joists of it - there was no shutter to
Cross-examined by MR. PHILLIPS. Q. Gifford showed you the shoes, did he? A. Yes; I have known Gifford about a month - he had called in at the same time as the prisoner - he called in as he went by, to know what business the prisoner had there - I told him he was about buying a pair of shoes - the policeman did not stay there - we all went out of the shop together.
Q. Did not the policeman desire the prisoner to come back with two shillings and ten-pence, and he should have them? A. He said that certainly - that was merely a joke - I told the prisoner I could not take less than three shillings - I should have had very little profit on them - the policeman said he should have them if he brought two shillings and ten-pence - nobody searched the prisoner that night - he was searched on Thursday, the 6th - I did not think he had them.
SAMUEL PLUM . I am a journeyman to James Kay ; I was in his shop on the Saturday when the prisoner came for a pair of shoes; he tried on this pair; I had soled and heeled them, and put a patch on the right shoe, and darned it up, by which I know them; Gifford afterwards had the same shoes; I was there on Monday at ten o'clock, when the prisoner called for a pair of boots; Kay said he had none to fit him; he then looked at a pair of shoes, and said he thought he should buy the pair he had seen before; we asked him to leave a trifle on them; he said no, he would call another time; I went out about six o'clock in the evening, leaving Kay there; the prisoner had not come back then; the shoes then hung on a nail, within five or six inches of the window; I came back about nine, and they were gone; I met the prisoner on Wednesday, between three and four o'clock, in Bethnal-green-road; he saw me and ran away, and then I stopped for about five minutes till he came out of the gateway where he had gone in; on coming out he saw me and immediately covered his apron over the shoes which he had on his feet, and pretended to be stooping to trundle a hoop; I could distinguish the shoes to be the same, for he passed close to me; I went away and saw him again on Thursday morning, going for a loaf for his master; he had a pair of old slippers on then; I saw the policeman about ten o'clock that night, and gave him information; I went with him to the prisoner's master's house, 28, Searle-street, the same day; I found the shoes there which I have been speaking of; the prisoner was there at the time, and had the shoes in his hand; I saw him give them to the policeman, who put them behind his coat, and asked me for a description of them, which I gave him.
Cross-examined. Q. Did you talk to him when you saw him walking in the street? A. No, he walked pretty quick by me; I had soled and heeled the shoes, and welted them. I know them by my work, and the nails, and the welting, and the patch inside, the heels and soles, and nails.
JAMES GIFFORD . I am a policeman - I was not in Kay's shop on the Saturday evening - I was passing by and stopped at the door - the prisoner was inside the shop - they were agreeing for a pair of boots - I asked Kay if he had a small pair of boots for a boy of mine - he said he had not- Kay asked the prisoner three shillings for the boots - he offered him two shillings and sixpence - I walked away, and heard no more of it till Thursday, the 6th of February, when I went to No. 28, Searle-street, in consequence of information - I saw the prisoner there, and asked him for the boots which he had bought of Kay - he said he had bought no boots of him, but he had bought a pair of shoes - I came back to Plum, who went back with me - the prisoner was still there - I asked him for the shoes, he handed them to me - I put them behind my back, and asked Plum if he had mended the shoes - he said he had - I asked if he had no particular mark on them besides mending them - he said there was a crack inside of the right shoe - he described them, and I took the prisoner into custody - I asked him where he bought the shoes - he said he bought them in Bethnal-green-road, of a man in a fustian jacket, and he did not know who.
Cross-examined. Q. Had you known Kay long? A. For two or three months - I said he might give him two shillings for the boots - I heard the prisoner say he would bring two shillings and sixpence - I did not desire him to bring two shillings and tenpence - I merely said in a joke, two shillings and sixpence - he had offered two shillings and sixpence, but did not show the money - he said, "I will bring them back in half an hour with the money" - I believe I came out of the shop before Kay and the boy - I was in the road - the prisoner came out - Kay, I believe, was the last that came out - we came out one by one - I told the prisoner if he gave the two shillings and sixpence he could have them - I said nothing about two shillings and tenpence I am sure, to the best of my recollection - I am not in the habit of going to Kay's shop often - I was away from the shop about ten minutes after seeing him with the shoes - he handed me the same shoes, but I mistook the word shoes for boots, and I asked him for boots - and he thought they were boots I wanted.
SAMUEL PLUM. I know them - I put a patch inside the right shoe - and have nailed them inside the toe and put sparables in the heels.
Prisoner. I bought the shoes.
NOT GUILTY .
WILLIAM GRIFFIN . I am a policeman - On Wednesday morning, the 5th of February, I was in Bow-road about half-past five o'clock - I was about three or four hundred yards on the London side of Bow-church - the road there is fifty feet wide from curb to curb - it was a dark morning, but still clear - there was no moon - you might observe a carriage moving at the distance of eighty or one hundred yards, but not to observe distinctly who was driving - there were a good many carriages, cabs, and hackney-coaches, coming towards London - there had been a concert at Laytonstone - I observed two cabs, one drawn by a grey horse, and the other by a dark coloured, or brown, or black - I was on the off-side of the way, that is the north, and was walking towards London - these cabs were coming towards London - there was a waggon and two carts in the road coming the same way - when the cabs passed by me, the waggons were eighty yards before me - the cab, with the dark horse, passed the off-side of the waggon - the right hand side, which was the proper side - the cab, with the grey horse, passed on the near side of the waggon - the cabs were going as fast as the horses could go - I should suppose at the rate of from ten to fourteen miles an hour; and appeared to be racing one against the other; but they came so suddenly on me, I cannot say which was first - there is on each side of the Bow-road eight feet of pavement from the curb-stone - the waggon was within about one foot of the paved way, about nine feet from the curb - there would be between thirty and forty feet between the waggon and my side of the road - I cannot say where the driver of the cab, with the grey horse, was sitting; for, when he passed by me, he was about fifty or sixty feet from me - the waggon and carts were going very slow, coming at their usual pace - before I got to the waggon, I heard a cry of "police," and heard a man groaning, and found the man lying on the paved part, which is eight feet from the curb - he might be about the middle of the paved part - he was in the track which the cab, with a grey horse, had gone - I found him lying on the ground - he said, "Oh, my belly;" he had a lanthorn with him - I used to see him every morning with a lanthorn in his hand a-light, on the road - I did not see the lanthorn, but I have seen him regularly every morning with it - he works at a cow place, and lived near Bow - I followed the cab half a mile, and could not catch it - the driver did not stop, they drove on at a furious rate - I sent the man on Bow-bridge to go after them - the poor man was taken to his own house, not far off - I afterwards saw him in his own house, after I returned from pursuing the cab - he was taken to the hospital, I understand - I never saw him there - I do not know his name - I had not seen him that morning before this happened.
Q. Was there anything you saw which could make it proper for the cab to go on that side of the waggon? A. Nothing at all; the two carts were a-head of the waggon - there was nothing between that waggon and me, but the other cab - it was highly improper for the cab to go on that side of the waggon - that is the side on which the driver always walks.
Cross-examined by MR. PHILLIPS. Q. Was it so light that you could distinguish the features of persons? A. I could not - I did not take notice enough of the cabs to see whether persons were inside them - I consider the cabs were not abreast - the cab with the grey horse was before, but I cannot say how much - I should think ten or twelve yards; quite as much as that - I cannot be mistaken - they were going at a galloping rate - the pace they went at was about ten or fourteen miles an hour; but I am no horse jockey.
WILLIAM HENRY ROGERS. I am beadle of the London hospital - I did not know Farrell - I took him into the hospital, when he was brought there about half-past eight in the morning of Wednesday, the 5th of February - he died in three days - he appeared to have been very much hurt - he said he was very bad, and put his hand to his breast.
EDWARD JONES . I am a house pupil at the London Hospital - I was called to the man about half-past eleven or twelve o'clock, and found him with a fracture of the ribs on both sides, he had difficulty of breathing, and complained very much of his chest; and he had an effusion of air under the skin, which indicated that one of the ribs had perforated the lungs to cause the effusion of air - he died on Saturday, the 9th of February - I examined the body after death, and found six ribs on each side fractured; and an immense collection of blood on the chest, and on the lungs as well; where air ought to have been there was blood; that injury was quite sufficient to account for his death; any thing going over him would produce such injury; the wheel of a cab going over him would account for it.
Cross-examined. Q. Would you not rather conclude something very heavy must have gone over him? A. Yes; heavy, certainly; I will not say very heavy, it depends so much on the circumstances; some ribs break sooner than others - he told me he was sixty-nine years old - a waggonwheel might have done it.
COURT. Q. Might a cab-wheel have done it? A. Yes; I rather think a waggon-wheel would produce a much greater effect than I found - an injury of that kind depends very much on the position of the body at the time it is done.
JOHN POULTON . I am a waggoner - on the morning in question I was driving a waggon to London; there was one cart before me; I was going at my usual walking-pace; and on this side of Bow church I was passed by two cabs, one with a grey horse, and the other a dark one; the one with a grey horse came on the inner side of my waggon, between me and the pathway; it was going the same way as I was, and coming as hard as a horse could gallop; if I had not got behind my waggon, I should have been run over; if I had been walking close to my horse in the usual way, it must have knocked me down, and ran over me; I was close to the stones; there was just room enough for the horse; I never drive on the stones, but keep as close to them as I can - there was plenty of room on the other side for three or four cabs to have gone by - when they passed me, the cabs were as near each other as could be, one on one side, and one on the other - I could not tell what colour the other cab-horse was - it was driving at the
Q. Was there space for any person to be safe who was walking between your waggon and the curb? A. No: the cab must have run over me, if I had not got out of the way - it was not proper for any cab to go on that side - it was driving on the wrong side - when I found the man on the ground, my waggon had not reached him.
Cross-examined. Q. We are told it was rather dark; could you say that no carts had gone on? A. I do not know what there was before me - for what I know, some carts might have gone on - I cannot say the man was not on the ground before the cab passed - I asked him whether the cab had run over him, and he said, "Yes."
PHILIP PENNY . I was accompanying a van that morning; I was immediately before Poulton's waggon, going in the same track; I was close to the stones, by the side of the road; I was coming towards London; I heard a cab rattling on the stones close to me, and I had to fly behind my van, or it would have gone over me; I ran behind my van, and caught hold of the hind ladder; I was almost down; the cab-horse was galloping very fast; if I had not got behind my van I should have been run over; the cab had a grey horse in it; after the cab had passed me, I saw something fall in the road, which I at first thought fell from the cab, but immediately I heard a man groan; I stopped my horse immediately; my van had not got within a rod of him; I found the deceased in the road, near the side, on the spot where I saw something fall, as near as could be; the man said he was hurt very much; he took on a good deal, and said a cab had run over him; I asked him if it was a cab with a grey horse in it; he said "Yes;" he was taken away, and I went on.
Cross-examined. Q. Was your van or Poulton's first? A. Mine was; I was just a-head of his horse, not a rod before him; there was one cart behind, and there might be one or two before; it was dull, but I could see by the light of the lamps; there were carts or something going before us; I had not seen the poor man before he was run over; it appeared to me that something fell from the cab; I cannot say who was the driver of the cab, nor whether persons were in the cab.
COURT. Q. You thought something fell from the cab? - A. Yes, it appeared like it; I thought my life in danger.
Cross-examined. Q. Who showed him to you at the hospital? - A. The door was open; it was public for all the Jury to see him; I went in at the time the Jury did; he always went by the name of John Farrell; he used to come along the road regularly every morning with a lanthorn, which I found on the right side of him; I took him home myself.
THOMAS WEBB . I am a proprietor of a cabriolet - I drive it myself - on this morning I was at Laytonstone - there was a concert there, and a ball; and eight or nine carriages of different descriptions were coming to London - there was a cab with a grey horse there - I never saw the driver before - I could not swear to him - the prisoner is very much like the person - I was in the same public-house with the man who drove the grey horse for some time - I talked with him a little - there was a great impediment in his speech, like a defect in the roof of his mouth - my cab and his were the only two I saw there - I followed him with my cab - we were together at the gate, the first gate from Layton - after I passed Bow Church the grey horse was before me the whole way - I picked up a hat in some part of the road - I cannot say whether it was on this side Bow Church or the other - I did not see where it fell from - I was stopped by a policeman in the road - he told me a hat had fallen - I went back and picked it up - I then followed on the road - I got up to the other cab about Whitechapel Church - I called out to the driver, but do not know whether he heard me.
Q. When you set out from Laytonstone, was the driver driving, or one of the gentlemen? - A. One of the gentlemen was on the driving-seat - there were four gentlemen came out of the house to get into the cabs - two got into my cab, and I suppose the other two into the other - mine was a very dark small mare.
Cross-examined. Q. Yours was the only other cab there? A. The only one I saw - I was driving at the rate of about eight or nine miles an hour, I should consider - I do not think it possible that my horse could go at the rate of ten or fourteen miles an hour - Stratford-gate is the first gate from Laytonstone - I overtook the cab at that gate, at least I was close behind it - I saw a gentleman on the driving seat there - I kept behind the cab with the grey horse all the way, after leaving the gate; when I first started, I was a considerable distance behind it, as it got on while we were stopping to pay - I never again got up to it, until I got to Whitechapel church - I could see fifty or sixty yards before me, I should think.
Q. Did the cab with the grey horse stop during the passage from Stratford-gate to Whitechapel-church? A. Not that I saw - the gentleman continued on the driving-seat from Stratford-gate - I saw no more of it until near Whitechapel-church; and then the gentleman was not on the driver's seat - that is about four miles from Stratfordgate - I heard nothing of the accident until the day before the inquest - I was not racing with the grey horse cab - it is quite incorrect - I never saw the man before in my life- I remember meeting and passing several carts and waggons on the road - the gentlemen I drove were sober; I have not seen them here to-day; they were at the inquest;
COURT. Q. Were you trotting? A. No; my mare goes at a canter; she will not trot; I cannot call it galloping, a sort of canter; I passed several waggons.
Q. Did you see the grey horse go on one side of the waggon, when you went on the other? A. I never was near enough; I did not see it go inside a waggon that was going the same way as me.
JOSEPH BAYNE . I am a merchant's clerk; I was at the ball, at Laytonstone, with my brother; we went in a cab which had a grey horse; we came home in the same cab; my brother took the reins; I believe the prisoner to be the driver; but he was so muffled up that I could not distinguish him; I hired him in Stamford-street, Blackfriars; when we came away, I got inside the cab, my brother got in the driver's seat, and the driver sat inside with me; my brother drove from Laytonstone; I had an impression at the time that the driver was rather tipsy; my brother drove to Bow-church, and, after that, the cab-driver drove; to the best of my belief, he took the reins of his own accord; he drove from within; he did not change his seat; my brother still kept the driver's place; the driver had a very peculiar voice indeed, as if he had lost the palate of his mouth; I saw the prisoner at the inquest, and believe him to be the man, but he was so covered with a cloak, and a handkerchief round his face; I heard him speak at the inquest, and should say distinctly he is the same man; it was not a cold morning; we had been dancing; I had a cloak round me; I do not remember passing a waggon coming in the same way as myself; I was labouring under a severe cold at the time, and had a cloak round me, and a handkerchief round my face; I was muffled up a good deal; as we came along, I felt a shock as if we went over something; I should say the horse went faster when the man took the reins, than it did when my brother had them; the horse took fright, I should think at the shock; after we had gone a distance of fifty or sixty yards, or perhaps more, the man stopped the horse; he did not go back to see what was the matter - I learnt from my brother that he had been nearly thrown off his seat, and he had lost his hat; we did not go back and pick it up; I then told my brother he had better get inside, and he did.
Cross-examined. Q. I suppose it was necessary to stop for him to get inside? A. That was at the time we stopped, forty or fifty yards after the jolt - the cab stopped probably a minute or a minute and a half - the other cab did not overtake us - I should say at the time of the jolt we were very near the right hand side of the road, going to town - that would be the off side - we were near the middle of the road - we had not passed a great many carts and waggons in the road, we passed some - I did not hear a soul call after us, after the jolt - at the time of the jolt the horse was not galloping - I observed the horse.
Q. Did it appear a horse capable of going at a very quick pace? A. Quite the contrary - we were two hours and a quarter going from our own house to the place, which was a proof how it could go - the driver did not appear to urge the horse to unbecoming speed on the road - we were quite sober - the horse did not appear to me to be perfectly sound in his paces - I should say he was lame of the off fore leg - I wished to stop and pick up my brother's hat - he replied, that our friends in the cab behind had picked it up - I knew the gentlemen in the cab behind - at the time the jolt took place in the road I saw no waggon near us - it is six miles from Laytonstone to Whitechapel Church, which we were about an hour and a quarter going.
COURT. Q. Did not you see any waggon near you, when the jolt was - were you looking out? A. I was admiring the lamps - that would be on the side away from the waggon - the lamps were on the off side - the lamps are only on the off side - I believe they are not on both sides.
FREDERICK JOHN BAYNE . I am a managing clerk in a solicitor's office - I was with my brother at the ball - I drove the first part of the way to London, and just at Bowchurch the reins were taken out of my hand by the driver of the cab , who was the prisoner - after he took the reins we came faster than before - some considerable distance on this side of Bow-church, I felt a jolt, and lost my hat and my left shoe (pump) - I saw no man with a lanthorn in our way - I had a rough coat on, buttoned up - we passed waggons and carts - we did not come on the left side of any waggon, coming the same way as ourselves, that I saw - we passed one waggon, but which way it was going I cannot say - that was a very short time before I felt the jolt - we went about fifty yards after the jolt before we stopped - I then informed my brother I had lost my hat - he wished me to go back - I said I saw the cab of my friends behind turn round and pick it up, and I did not go back, but tied a handkerchief round my head - I told the man the horse was going fast enough - he whipped it once or twice - I do not suppose the horse could trot, it seemed to be lame - it did not trot - I should call it a kind of hand gallop - by the gait and motion of the horse it seemed lame- I did not hear the least calling out after us in the road - I was quite sober - I did not observe the cab racing with any other cab - Laytonstone is within six miles of Whitechapel-church - we were not quite an hour and a half going that distance, but very near it - that is conscientiously the best opinion I can form on the subject - I judge from the time I got home - I left Laytonstone just about a quarter after four o'clock, and got home about six o'clock - I live in Stamford-street, Blackfriars, which is about a mile from Whitechapel-church.
COURT. Q. Do you call that only a mile from Whitechapel? A. The post-office is considered six miles from Laytonstone, and it is a mile from my house to the post-office; I speak according to the Directory; I stopped the cab to get into my seat out of the driver's seat - there was no alarm given at any time to the cabman that an accident had happened - I had my hearing perfectly correct, and could hear the better from having lost my hat.
Prisoner's Defence (written). After the evidence which has been given against me by the witnesses who have been examined, I must still feel, that although suspicion mayJohn Eldred , coach-maker; Eliza Mitchelson, widow; John White, coal and potatoe-dealer, 86, Milton-street; Henry Eldridge, hackney-coach proprietor; and Frederick Mitchell, printer, St. Pancras; gave the prisoner a good character.)
GUILTY . Aged 32. - Confined One Year .
Before Mr. Justice Park.
367. ANN DEVELING and SARAH SMITH were indicted for stealing, on the 7th of February , at St. Giles'-in-the-Fields, 18 spoons, value £7. 10s.; 3 sauce ladles, value £1. 15s.; 1 fish slice, value £1. 14s.; 1 wine strainer, value 14s.; 1 pair of sugar tongs, value 7s.; the goods of Thomas Jarvis , the master of the said Ann Develing, in his dwelling-house .
MR. GURNEY conducted the Prosecution.
THOMAS JARVIS. I am an attorney , and live in Gower-street, in the parish of St. Giles - the prisoner Develing has been in my service about ten months; and she was in my father's service five or six years ago - on Monday, the 3d of February, in consequence of suspicions, and her having been drunk the whole day, I was induced to make inquiry, and on the 7th, I spoke to her respecting some bills she had to pay for me - I wished her to lay a statement of the accounts before me, telling her, I believed her conduct was incorrect - she almost immediately stated that she had lost £6 of my money; and on my saying I thought it almost next to impossible she could do so, she stated, that as she supposed she should have to go to prison, she might as well acknowledge at once to having robbed me of my plate which was in her care - she kept it under lock and key - I then examined the box where the plate was kept, and found wrapped up in paper, about fifteen pawnbrokers' duplicates - I had seen Smith on my premises more than once, and objected to Develing inviting her.
WILLIAM JAMES . I am clerk to Mr. Jarvis, and was in his house from ten o'clock in the morning until eight o'clock in the evening almost every day - I have seen Smith there frequently in the kitchen with Develing - the office is on the ground-floor.
THOMAS ANDREWS . I am in the service of Mr. Boyce, a pawnbroker - I produce nine spoons, one fish slice, one sugar ladle, two sauce ladles, and a wine strainer, which were pawned by the prisoner Smith, between the 10th of August and the 30th of October, at different times - £2. 14s. is the highest amount advanced at one time; that was on the fish slice and two table spoons; she pawned them in the name of Jones, and said she was a lodging-house-keeper - the letter J is on the spoons.
WILLIAM RAMSAY . I am in the service of Mr. Lowther - I have nine spoons and a pair of sugar tongs, pawned at different times, from the 7th of August to the 14th of December - the highest amount lent is five shilling - they were pawned by Smith, in the name of Ann Jones.(Property produced and sworn to.)
JAMES BAKER . I am a policeman - I apprehended Smith at a house in Russel-street, where she was visiting the servants - I told her a person wanted to see her outside, and when she came out, I told her a gentleman named Jarvis wanted to speak to her - she asked me several times what he wanted with her - I told her he charged her with being concerned with his servant in robbing him - she said she had not - in taking her from the station-house, she said, "I do not think they can do much to me; I did pawn the plate, but I gave all the money to Ann Develing.
WILLIAM WILSON . I am a policeman - I have the tickets which I received from Mr. Jarvis - I apprehended Develing - I asked her what became of her master's plate - she said she had given it to a person named Smith - I then asked if those were the tickets the plate was pawned for - she said they were.
Develing's Defence. I never gave that man any tickets - I gave them to my master, and I gave the plate to my master - I have nothing to say for myself - I have behaved very wrong indeed.
Smith's Defence (written)."I was employed by the prisoner, Ann Develing, to pawn this plate for her - I gave her the money and tickets at the same time - Ann Develing said when her money would be due that she would redeem the plate."
DEVELING - GUILTY. Aged 50. - of stealing under the value of £5 . - Transported for Fourteen Years .
SMITH - NOT GUILTY .
First London Jury, before Mr. Recorder.
368. MICHAEL TIERNEY , MATTHEW CREAMER , PATRICK NOWLAND , and GEORGE ADAMS , were indicted for feloniously assaulting George Procter , on the 12th of February , at St. Giles's Without Cripplegate , with a felonious intent to rob him, and his goods and monies from his person and against his will violently and feloniously to steal , against the Statute, &c.
Messrs. BULLOCK and GURNEY conducted the Prosecution.
GEORGE PROCTER. I am a tobacconist, and live at No. 101, Fleet-street - on the morning of Wednesday, the 12th of February, I was walking along Chiswell-street - I was proceeding from my brother's - on getting opposite Whitecross-street, on the left hand side of the way - as near as I can recollect, it was a quarter after one - I had left my brothers as the clock struck one - three of my brothers and a friend were with me - we were all walking singly - one of my brothers was not quite a yard in advance of me, and my other two brothers and a friend eight or ten yards behind me - one of them was stopping to tie his garters or drawers which had come down - before I got opposite Whitecross-street I observed a man on the right hand side of the way, standing apparently at the edge of the curb - I heard a voice in a sort of audible whisper say, "At the second," and immediately the man darted across the road in the direction that I was standing - supposing that he was going to push against me, I merely put my elbows up - but he struck me on the breast, kicked me on the shin, and threw me on my back in an instant - when I arose there were two strange
Cross-examined by MR. PHILLIPS. Q. You have stated all you heard? - A. Yes; after the words, "At the second," the man knocked me down, and then there was a whistle; and several persons assembled from the upper end of Whitecross-street - I believe nobody was in the street except the five composing our party, and the party who assaulted us - only one man assaulted me - I called "Watch" and "Police" - that brought watchmen and policemen round me - I do not think the noise I made caused persons to assemble about me - I will not swear it did or did not call some casual spectators - I am sure I was knocked down - no attempt was made at my pockets; nor any words used that I heard indicating an intention to rob me - I had spent the evening at my brother's, in Bishopsgate-street - it is a tobacconist's, the same trade as myself - six brothers and one stranger formed the party - I went there about nine o'clock, and stayed till past one - I had supped certainly and drank - Mr. Hodge was the other person - I supped at eleven o'clock, after the shop was closed, which was at eleven o'clock - it struck one o'clock as we left - I had taken a glass of gin and water - I think I had half a glass afterwards - I had a glass of porter at supper - I will swear I had not two glasses of gin and water after supper - the second glass was not filled; I had a glass, or glass and half, or two glasses of porter at supper - I cannot tell - I had no other liquor - I went out of the crowd as soon as I got on my legs, and saw nothing more till the prisoners were in custody - being perfectly sober, I was competent to recognise persons - I saw nothing of the prisoners till they were in the custody of the watchmen; that was not more than seven minutes, I should think, after the row in the street - two of us had been walking together, but we were going one and one when this took place; but previously we had been walking two and three; on the pavement of the street we had left two persons could not conveniently walk together - we had left go in this narrow street, and had not rejoined - the street it happened in was wide enough for two to walk together - we might have got fifty yards up the street - I cannot say - we were quite as quiet as I am at the present moment, and as little disposed for larking as you are now - it is my habit to be out as late as that, and sometimes later; very seldom till three or four, but I am so occasionally - this has been my habit for twenty-five years - my shop is open at six o'clock half the year, and seven o'clock the other half; but it is not closed until ten o'clock at night.
HENRY HODGE . On the 12th of February I was with Mr. Procter in Chiswell-street about one o'clock, or a quarter after; I was walking eight or ten yards behind Mr. George Procter - a man passed me and touched him by the elbows, then ran across the road and cried out, "Now for it to-night," and immediately afterwards two men ran across from Whitecross-street, and a man in a short jacket struck Mr. Procter, and he fell, (who, I believe, from his height, and being captured immediately afterwards, to be Matthew Tierney;) he struck Mr. Procter; eight or ten more men came up, (I do not know their faces,) and some women, and a general affray took place; a quarrel ensued, and the police and constables got much injured; they wished to rescue the prisoner; nobody in particular quarrelled, but they struck Mr. Procter, and we called the police, who came; we wished to capture the two men who first crossed the road, one of whom, to the best of my belief, was Matthew Tierney; I do not know the other.
JOHN HARDING . I am a watchman of Cripplegate Without - on the morning of the 12th of February, I heard a cry of "Police," and "Watch" - I immediately went towards the place, to the end of Chiswell-street, and towards the corner of Beech-street Mr. Procter gave charge of the prisoner Tierney - I immediately took him by the collar - he said, "I have done nothing;" Mr. Procter said, "You have knocked me down once, and my brother has been knocked down twice by the same party, and, no doubt, with intent to rob me" - I immediately took the prisoner along a little further, ten or twenty yards - I turned round, and saw the other three coming up- they said, "Where are you going to take the prisoner?"- I said he was given in charge, and I was going to take him to the watch-house - Adams said, "You b-, if you do not let him go, I will knock your brains out" - I went a few steps further, and took my truncheon out, and said, "You had better keep off, or it will be the worse for you" - he said, "Where are you going to take him?" I said, "To the watch-house" - he again replied, "I will knock your brains out, you b-, you shall not take him any further" - he seized hold of my truncheon - a policeman came up, (G 93,) and I took Tierney along, till I was interrupted by the other three prisoners - I delivered him to the policeman (G 93) - Adams then caught hold of my staff, and dragged me across the street; he got me down by a hard tustle, took my staff out of my hand, and laid it across my head, and broke my head in two places, and then said, "I think I have done the b-'s business for him" - another of them (not taken) said, "George, you have not half done his business, give it to me" - he took it, and he hit me across the ribs five or six times, and jumped upon me; Creamer is the man who jumped upon me - a little after nine o'clock that same night, I had seen Adams, Creamer, and Nowland, just at the end of Chiswell-street, crossing just at the end of my beat, between Whitecross-street and Chiswell-street - here is the handkerchief I had round my neck; it is bloody - I had given no offence to them.
Cross-examined. Q. Have you preferred an indictment against them for assaulting you? A. Yes; for assaulting me in the execution of my duty in this very transaction.
RICHARD POULTON (policeman). On the morning of the 12th of February, I was on duty - I was not present when the transaction took place; I came up about five minutes after, as I suppose - I heard a rattle spring, and went up and found Tierney in custody - I saw Adams run
Cross-examined. Q. Is the gentleman here who said the man in the flannel jacket attempted to rob him? A. I cannot say; the gentleman did not tell me so, but I heard that said in the crowd - I do not know who said so; I only heard a voice say so; I had not an opportunity of calling for the person who made that charge - nobody came to the watch-house and charged him with attempting to rob him in my presence, because we were ordered out - I have since seen a person who charged Creamer with attempting to rob him; his name is Procter - I do not know his Christian name - I was not in the watch-house when the charge was taken - I have not brought the charge book.
Q. Did any man give Creamer in charge to you at the watch-house, or elsewhere, for attempting to rob him? A. No; I heard the voice when I went up - I did not call for the person who owned the voice - I cannot name anybody who gave Creamer in charge for attempting to rob him - I am not a witness on the common assault bill - I do not know at whose instance this prosecution is instituted - a gentleman named Procter is the prosecutor.
MR. PHILLIPS to GEORGE PROCTER. Q. Pray is this prosecution undertaken at your expense? A. No: the City prosecute - I am the prosecutor, but I suppose it is not at my expense - if it is at my expense, I shall have no objection to pay it - I hope it is not - I gave the three men in custody when I got to the watch-house - Creamer was one of them - I did not say he had attempted to rob me - I went into the grand jury-room twice, and was sworn twice - the other indictment is not at my expense.
COURT. Q. Did you hear anybody speak of a person in a flannel jacket? A. No; I was not the person who used that expression - I gave Tierney, Nowland, and Creamer into custody, as being on the spot when I got on my legs, but I do not swear positively to their knocking me down.
THOMAS COLYER . I was on duty in Whitecross-street, on the 12th of February, about half-past one o'clock in the morning - I was standing at the corner, by the Cat public-house at the corner of Whitecross-street, and I saw the prisoners at the bar, and several other men and five women, come along Chiswell-street - they passed a few yards up Upper Whitecross-street - I saw a man who crossed from Lower Whitecross-street - it was not either of the prisoners - he said, "George and Mike, it is all right" - two men crossed over, and the man who called out to George and Mike "It is all right" - Adams crossed over with Tierney - Adams said to the man who called out, "Which is he?" but previous to that, the man who first called out to Adams, said, "The gentleman gave me a smack on the mouth" - that was previous to the man's calling out "George and Mike, it is all right" - but observing me at the Cat, he said,"Here is a gentleman has given me a smack on the mouth"- that was said on observing me - and on Adams and Tierney crossing over, Adams said, "Which is he?" - the man pointed to a gentleman, and said, "That is him" - there were two or three gentlemen together; and at that momemt Adams struck one of the gentlemen (Mr. Richard Procter ) who fell - I rose him up, and put on his hat - after so doing, I turned my head, and saw the man (who first called out to George and Mike) standing in a fighting attitude to another gentleman - I cannot say which gentleman it was of the three - I had not the opportunity of seeing whether either of them had struck Adams or any of the party, it was so quick - I then had a scuffle with that man, and attempted to take him - and after having the scuffle, I fell on the ground - I rose up and heard a cry of "Police" - and by that time the three gentlemen who were at the corner of Whitecross-street had got to the corner of Beech-lane, which is twenty or thirty yards - I heard the cry of"Police," and immediately went to the spot, and saw Tierney in the custody of a watchman - I assisted the watchman who had got hold of him as far the other side of Beech-lane, which is about ten yards, and saw him safe in the hands of the watchman.
Cross-examined by MR. CLARKSON. Q. Have you been taking anything to drink now? A. I have not.
RICHARD PROCTER . I live in St. John-street; I am the brother of George Procter; I was with him on the morning of Wednesday, the 12th of February; there were four of us brothers there; we were walking in Chiswell-street; I was walking a little in the rear of him - a man passed me in rather a rough way, then crossed over to the other side of the way, and called some men to him; I did not hear what he said; we went a little way up Upper Whitecross-street and he crossed and came rather before us; and, as soon as he came to my brother George, he knocked him down, an I stepped forward and struck the man who knocked him down; I was knocked down directly, and as soon as I got up I was knocked down again; on getting up again, the policeman, and two or three more persons, were there, and believe the party was taken into custody; I got out of the way as quick as I could; I do not know any of the prisoners I did not see the least offence given by my brother George or any of our party, to those persons; we were walking along quietly, and had not the least acquaintance with them.
Cross-examined by MR. PHILLIPS. Q. None of you brothers were arm in arm? A. Neither of them; I was walking with Mr. Hodge, by his side - not one after the other; to the best of my knowledge I was alongside of my friend; I believe I was; I would not swear I was; I had not drank anything out of the common way that night, more than on another night; it was not very late, when people go out to spend the evening as I did; I did not go out till half-past eight or nine o'clock; I spent the evening at my brother Joseph's, in Bishopsgate-street; we sat down together to supper about ten o'clock, I suppose; my other brothers were there at that time; perhaps I may be mistaken in the time.
JOHN HILL. I am Inspector of the nightly-watch; the prisoners were brought into the watch-house on Wednesday morning, between one and two o'clock; I saw Mr. Procter there, and his brothers; four gentlemen came; they appeared perfectly sober; the prisoners were given in charge.
Cross-examined by MR. CLARKSON. Q. They were given
TIERNEY - GUILTY .* Aged 24.
CREAMER - GUILTY . Aged 23.
NOWLAND - GUILTY . Aged 24.
ADAMS - GUILTY .* Aged 21.
Transported for Life .
GUILTY. Aged 20. - Recommended to mercy by the prosecutor - Confined Three Months .
GUILTY. Aged 39 - Recommended to mercy by the prosecutor - Confined Eighteen Months .
FASHAN NAIRN. I live in Brunel's-place, near East Grinstead, Sussex, and am a magistrate of Sussex - on the 3rd of February I was passing between Aldgate pump and Whitechapel-church, about eleven o'clock in the morning - I had a silk handkerchief about me - I was touched on the shoulder by the witness, and in consequence of what he said I took the prisoner by the collar, and put him into a grocer's shop - my pocket handkerchief was not then in my pocket - I saw the handkerchief at the Mansion-house, and in the shop previously.
JOHN SALTMARSH . I was in Aldgate about eleven o'clock, on the 3rd of February, and saw the prisoner and two others walking together - one of them, who has escaped, took the prosecutor's handkerchief out of his pocket with his hand - I saw him put his hand into the pocket, and take the handkerchief out, and hand it to the prisoner, who made use of it, and put it in his pocket - I collared him, touched the gentleman on the shoulder, and told him of it - I collared the prisoner on one side and he on the other, and pushed him into a shop - he dropped the handkerchief - I asked a child to pick it up, which the child did, and gave it to the policeman or the prosecutor - I am certain I saw him drop it - I never lost sight of him.
Prisoner. He said at the Mansion-house that it was half-past two. Witness. I cannot say the exact time.
Mr. NAIRN. It was between eleven and one o'clock, I know - I am sure it was before one o'clock, on the 3rd of February.
SAMUEL PATRICK . I am a City policeman, No. 66 - about half-past two o'clock, on the 3rd of February, I was passing along on my duty, and was told of this - I went to the grocer's shop, and saw the prosecutor holding the prisoner by the collar - he was given into my custody with the handkerchief.(Property produced and sworn to.)
Prisoner's Defence. I was going along about half-past two o'clock the same day, and this man came and seized me by the collar, he tapped the gentleman on the shoulder, and said, "You have got his handkerchief" - the gentleman took me into a grocer's shop, and he said, "Search him, he has got your handkerchief about him," and a little boy brought it into the shop and gave it to the gentleman.
JOHN SALTMARSH. I am quite certain I saw him drop it.
Prisoner. It is false about my using the handkerchief - I did not have it about me at all, and do not know who took it.
GUILTY . Aged 20. - Transported for Seven Years .
NEW COURT. Friday, February 21, 1834.
Fifth Middlesex Jury, before Mr. Common Sergeant.
GUILTY . Aged 14. - Transported for Seven Years .
GUILTY. Aged 26 - Recommended to mercy - Judgment Respited .
GUILTY . Aged 25 - Confined Seven Days .
376. JOHN ROBERTS was indicted for stealing, on the 25th of January , 7 window sashes, value 40s.; and 13lbs. weight of lead, value 2s.; the goods of Francis Luard , and fixed to a building , against the Statute, &c.
JAMES ANDERSON . I live in Kingsgate-street, Holborn , and am an ironmonger - there is an empty house opposite me - on the 25th of January I saw the door of that house opened, and the prisoner came out with four sashes on his shoulder - I ran across and stopped him - I asked where he got them - he said he was a journeyman carpenter, and was employed for a day's work - I said, "Let us go back and see your master" - he let down the sashes - I saved them from falling so as to break, and he ran off - I gave an alarm, and he was stopped.
WILLIAM OSBORNE (police-constable E 38). I fitted these sashes to the house, they fitted the place exactly - I found in the house a carpenter's basket, with some tools in it, and 13lbs. and a half of lead, which belonged to one of the back room window sills - thirteen of the sashes had been taken out, and six of them are quite gone, there were three left in the house - I took the basket to Hatton-
AUGUSTINE AMBROSE STOCKWELL . I am clerk to the Solicitor to Francis Luard, Esq . - the house No. 12, Kingsgate-street, I should say, is his property, he holds it under a lease - these sashes were attached to the house, and Mr. Luard is liable to make them good - the house has been empty for the last twelve months; he has received no rent for it - his own rent is now in arrear - I have been endeavouring to let the house.
Cross-examined by MR. PHILLIPS. Q. Is there a lease to Mr. Luard's? A. I have never seen the lease - Mr. Luard is in France - but I believe there is a lease - he had received rent for the house for three years - Mr. Murden was the previous tenant, but he delivered up the key to Mr. Hopkinson, Mr. Luard's then agent - it is now in our office - I believe Mr. Murden had a lease, but I never saw it; I never saw Mr. Murden - the house has been unoccupied since we have been the agents - Mr. Murden has been insolvent - the prisoner called on us six months ago, to look at this house, and we showed it him.
Prisoner's Defence. I was at work in my shop, near Clare-market, and a man came and employed me to go to this house, which I did about two o'clock; he told me to take the fixtures down, and he would bring a van to take them - I took the four sashes on my shoulder, and the gentleman came and took me - I did run, but it was very foolish of me.
GUILTY. Aged 26. - Recommended to mercy by the Prosecutor - Confined One Week .
RICHARD HOARE DOWLING. I am a farmer , and live at Bexley, Kent , and grow potatoes, which we put in burys - on the 31st of January, we were removing some of them, and next day I missed about three quarters of a ton of them - I went to the hedge, and saw the mark of a small-sized horse's foot, and the track of a very narrow wheel - on the Monday following I went to London, and from information I went to Rosemary-lane; I looked into all the potatoe-shops, and, in one of them, I saw some of my own potatoes, which are different to others - I went on to the police station, and got an officer - I pointed the shop out to him; he went in and took the prisoner, who lives there - the horse and cart were then in the stable there; and, from what I could judge, the wheel of the cart I saw there resembled the wheel which had made the track in my lane - the potatoes were worth about £3; they are of a particular sort - here are a part of what were found in his shop, and these are a part which came from my bury - I have no doubt these potatoes are mine; for the night before I lost them, I had no straw, and I had covered them with pea-haum - I also know them by part of the soil which hangs to them - they grew in a stiff soil.
Cross-examined. Q. Could not the prisoner have washed these potatoes? A. Yes, he sold them in the mould - I never knew potatoes to be covered with pea-haum before - I did not take any from his shop which were not mine; they are not uncommon in our neighbourhood, but they are in the London market, though they are occasionally brought here.
COURT. Q. To the best of your belief, are these your potatoes? A. Yes, I can clear my conscience in saying that they are, from the pea-haum which is about them - the horse I saw at the prisoner's was a chestnut one, with a white streak down his face.
WILLIAM CRAFTER . On that morning, the 1st of February, I was coming to town about half-past twelve o'clock in the morning, from Bexley - I met a horse and cart about one mile from the prosecutor's - the cart was then empty, and was going toward the prosecutor's - there was no one in the cart but a person (who, to my firm belief, was the prisoner) was with the horse, and leading him - it was rather dark - I went round at the back of my horse and cart, and let the cart go by me - there was a chesnut horse in the cart - I came on to the half-way house and baited, and the same cart again passed me loaded, very soon after six o'clock; the man was leading the horse by the head - I have been to the prisoner's house, and saw the horse and cart there, which I have sworn to be the same.
Cross-examined. Q. Did you particularly notice the cart on the road? - I noticed it by seeing it twice; I noticed the size and the colour of it; I swore to the magistrate that it was the same to the best of my belief; I swore to the horse, but I did not swear to the man; I said, to the best of my belief it was the prisoner, and the magistrate ordered him to put his round frock on, but I had known him for years; I did not tell the magistrate that; the magistrate asked me if he was the man, and I said, by his height and size, to the best of my belief, he was; I could not see the man's face in the dark, but I was sure in my own mind he was the man; it was not dark at six o'clock, but he was then five or six rods from me; his back was towards me then, but I knew the horse and cart, as I had seen it so often; but I did not tell the magistrate so.
COURT. Q. Have you any doubt that the horse you saw going and coming, was the same you saw in the prisoner's stable? A. No; it was the same, and so was the cart; and from the size and appearance of the man, I have no doubt it was the prisoner.
CHARLES FEATHERSTONE . I live with Mr. Dowling - I left the bury about six o'clock the night before, I covered it with pea-haum and dirt - the next morning it had been opened, and about three-fourths of a ton of potatoes were gone - I went to Rosemary-lane and saw the potatoes, which I have no doubt were my master's.
Cross-examined. Q. Are there not potatoes of the same description grown in the neighbourhood? A. Yes; and a good many fields have stiff soil in them.
Cross-examined. Q. Did you see the cart? A. Yes; it was a smallish cart and smallish horse - I took a small quantity of potatoes away at first by the prosecutor's order; and I took the prisoner - his wife saw what was done - I took him to the magistrate - I afterwards went back to the shop, and took some more potatoes; but I thought they were not the same, and I took them back - his wife said she was ordered not to take them in.
WILLIAM DICKENSON. It is a light spring-cart - it might carry six or eight sacks - I do not know how much a sack holds.
GUILTY . Aged 30. - Transported for Seven Years .
377. ISAAC ALAND was indicted for stealing, on the 4th of January , 1 glass muffineer, value 10s., and 1 pair of sugar-tongs, value 14s. , the goods of Isaac Hensley ; and CORNELIUS ALDERSON and JAMES ALDERSON were indicted for feloniously receiving 1 glass muffineer, part of the said goods , against the Statute.
WILLIAM LOCK . I am footman to Mr. Isaac Hensley - he lives at Hackney - I missed this glass muffineer and a pair of sugar-tongs on the 4th of January - this is the muffineer - I know it is my master's - the sugar-tongs have not been found - I missed them about half-past nine o'clock.
Cross-examined by MR. PHILLIPS. Q. This top is not silver? - A. Yes, it is - here are two or three private marks on it, and a lion - I may have seen marks on plated articles - I cannot swear to the glass, but I can to the lid - I broke a glass about three years ago, and had a new one made to the lid; and I had this new rim made to the lid.
COURT. Q. Have you been in the habit of cleaning it? - A. Yes, for thirteen years - I have no doubt it is my master's.
WILLIAM ROBERTS . I live at Hackney - I was going to the prosecutor's with milk on the 4th of January, about half-past eight o'clock - I saw Aland come out of the kitchen-door - I did not see that he had anything with him.
HENRY OLDFIELD . I live at Hackney - on the 4th of January, I saw Aland and another boy ; they went and called a third boy out; and I saw Aland show this muffineer, which he said he was going to fence - I did not know what it meant till afterwards - we then went to Alderson's house, in Cooper's-gardens, Hackney-road - Aland went in, and sold the articles; I stayed at the door - he came out in ten minutes or a quarter of an hour - he then showed me six shillings and a handkerchief - James Alderson ran out after us, and told us to be sure not to tell that he had sold the things there - we then went to Clerkenwell, and Aland got a loaf and some butter to take to a boy in Clerkenwell prison.
Cross-examined. Q. Did you ask him what he meant by fence? A. No; I often used to go with him, and play with him; I afterwards heard the word fence meant to sell things, from some boys, one of them named Woodcock; but I do not know that he said the word - I have been in the custody of an officer once, that is about a year ago, it was for beating a boy - I have not been taken up since, that I recollect - I never was taken up for thieving - I shall be seventeen years old in November.
Q. Do you remember a tortoise-shell snuff-box? A. Yes, Sir, I stole that and sold it, but it was my aunt's; I never was accused of stealing anything else - I know Mr. Harrison, a pawn-broker - I have been there for my aunt.
Q. Were you ever accused of stealing a silk handkerchief? A. Yes, Sir, but not there; I was accused of stealing one - I was accused of stealing a waistcoat, but Mr. Steventon gave it me to take to a woman, and these boys coaxed me away to take and sell it, and we shared the money in drink - I work for my living - I go with a man who sells coke and greens.
JOHN CAREY (police-constable, N 236). I took Aland in Well-street, Hackney - the inspector asked him if he knew Mr. Hensley's; he said yes, but he had not been nearer to it than Clapton-alley, which is three or four hundred yards from it - I went the next morning to Alderson's house - the sergeant was with me; he went to the sideboard, and when he drew his hand back I saw this muffineer in his hand - Aldersons said they did not know it was in the house.
Cross-examined. Q. Was Mrs. Alderson there? A. Yes; she said, at first, she had no knowledge of it, but afterwards said it was brought by a young man who asked her to let him leave it till Sunday morning.
WILLIAM GILLETT (police-constable, S 19). I went to Aldersons' - I saw them and another person in the room - I said I had come for some things they had purchased of a boy the day before - they denied having purchased anything - I found this muffineer among some glasses on the top of a cupboard - I held it up, and asked Cornelius Alderson if he could account for its being there - he said he knew nothing of it - I then asked James Alderson, and he denied knowing any thing of it - I then asked Mrs. Alderson; she at first denied it, but afterwards said a man brought it in the day before, and asked her to purchase it, but she would not, and he left it on the table - I said I wanted some other things, and if she would tell me where they were, she would save me a great deal of trouble - she said if I would not let the thing go any further, she would see what she could find - I took her and the two Aldersons - I could find nothing else.
Cross-examined. Q. Was not the other officer there? A. Yes; he came in just as I asked her about purchasing the things - he was in the room when Mrs. Alderson desired me to let it go no further, but I do not know whether he heard it - he was not more than three yards from me.
Cross-examined. Q. I thought you said, that you heard a question asked of Mrs. Alderson? A. Yes, and she gave an answer to it - Cornelius Alderson is a dog-fancier - he had a dog which he wanted to get away - he got out
Witness for Defence.
WILLIAM CAUCH . I am a shoe-maker, and live in Wood-street, Tabernacle-square - I have one room; I have a wife; she lives with me - I taught James Alderson my business, and I now give him work, which he does in my room - on Saturday, the 4th of January, the day before he was taken up, he came to me at daylight in the morning; he stayed till between twelve and one o'clock, when he went to dinner; he then came again, and worked till between four and five o'clock.
ALAND - GUILTY . Aged 17. - Transported for Seven Years .
MR. BODKIN conducted the Prosecution.
MICHAEL SAMUEL STOUT . I am a carman, and ply near the West India Docks ; I had known the prisoner some time, and he had twice employed me to carry two casks, and on the 4th January he asked me to carry two casks for him; he told me to go round to the rum gate; I did so, and went into the Export Dock; I there saw two puncheons, which I put into the cart, and the prisoner brought a pass for me to go out; I asked him if I should go to the office to get it signed; he said it was signed, and I might go with the cart directly; I gave the pass to the officer at the gate; he let me go, and I went, as I had been directed, to Charles-street, St. George's-in-the-East; just as I turned the corner of the street, the prisoner and Mr. White came to me; the casks were put into a shed, and I received half-a-crown for the cartage.
Cross-examined by MR. DOANE. Q. Where were the casks? A. In the Export Dock; the prisoner was not there when I put them into the cart, but he came just afterwards, and gave me the pass.
JOHN WHITE . I am a cooper; on the 4th of January I bought two rum puncheons of the prisoner; I paid him 10s. a-piece for them, which was a shilling more than they were worth; I had bought some of him before; I did not see these puncheons till they were in Charles-street, and they were put into a shed there; I gave the same casks to the officer.
Cross-examined. Q. I believe they took you into custody? - A. Yes.
FRANCIS FAIRBAIRNS . I am a constable of the West India Docks; I took the prisoner, who was at work on the rum quay; I told him it was for two casks which he had delivered on Saturday; he said he had not delivered any on Saturday, but, after a few minutes, he said he had; I asked him who wrote the pass - he said he had, as he had lost the original and the delivery order.
JOHN FOY . I am the principal of the police at the West India Docks; the prisoner was brought to my office; I asked him if he had sent two puncheons out on Saturday - he said he had that; Mr. Eddie, who, he believed, came from Messrs. Dunbar and Sons, had given him the delivery order, but he had lost it, and he had made the pass out himself, and he had delivered them to a carman, whose name he believed was Smith, but he did not know him, and had no idea of where he was going; I have seen the casks, and they belong to the West India Docks; they have our mark on them; there might have been a delivery order made for them without my knowledge.
MR. MAYHEW. There was no delivery order made that day to my knowledge: a pass is only good for the day it is made.
(Mr. Harrison, an officer in the West India Docks; Mr. Sturdy, and Mr. Martin, foreman coopers in the West India Docks; Mr. Parker, and Mr. Mingay, gave the prisoner a good character.)
GUILTY . Aged 22. - Transported for Seven Years .
JOSE DE NICOLAS . I live in Brunswick-place; on the 20th January I was passing the Artillery Ground gate in the City-road , about nine o'clock; it was dark, but there was a lamp there; in an instant my watch was snatched from me; there were several persons about me; they ran away; I cried "Stop thief," and ran after them; I afterwards saw the policeman, who said they had taken the man; I went to the station-house, and saw the prisoner; I can't swear he was one of the persons who was about me - I was a little agitated - this is my watch; I suppose it is worth £5.
Cross-examined by MR. BODKIN. Q. Are there not many persons passing at nine o'clock in the evening? A. Yes, in general; I was a little agitated; I called "Stop thief," as soon as I was robbed.
WILLIAM MAYNARD . I am journeyman to a butcher in Windmill-street, about fifty-yards from the artillery-gate - I heard the cry of "Stop thief" - I saw the prisoner running - I pursued him through Finsbury-square - I gained ground on him - he turned the corner of Chiswell-street, but I did not lose sight of him - I called, "Stop thief" - a policeman crossed from the other side, and we closed upon him near Mr. Lazarus's shop door - whether the prisoner fell from the force of the policeman or not, I cannot say, but he was down, and the policeman on him - the prisoner fell close to thea rea - there were two policemen, but no one else running - I went back to give information, and to find what was the charge - the prosecutor said he had lost his watch.
Cross-examined. Q. What were you doing in your shop? A. Talking to my master - I do not know where my master went - I saw the prisoner running, but I did not see the person from whom the cry of "Stop thief" pro
COURT. Q. Do you say that the first person you saw running was the prisoner? A. Yes: and I followed him closely, and did not lose sight of him till he got to Lazarus's shop, which has an area - he ran as fast as he could.
THOMAS SEAL (police-constable G 145). I was on duty on the night of the 20th of January - I saw the prisoner running, and Maynard was running after him in the crowd - but whether he was foremost in the crowd I cannot say - the prisoner got as far as Lazarus's shop; and I seized him there close by the area, which has flat railings over it, level with the pavement - he threw himself down, and brought me on the top of him - after some struggling I got him up - Maynard came up, and told me some one had called "Stop thief," but he did not know what it was - I sent him back to inquire - the prisoner said, in going to the station-house, "It is only a row with a woman, it is not worth while taking me" - I went out and met the prosecutor and a gentleman coming - I found on the prisoner a diamond ring on his finger, and a diamond pin.
Cross-examined. Q. You say the first thing you heard was a cry of "Stop thief?" A. Yes; I cannot say who it came from, but it was at the corner of Chiswell-street - the crowd might consist of five or six persons - I found the diamond pin in his left hand, and the ring on his finger; and he was trying to get rid of them - his fall was not in consequence of my taking hold of him, it was intentional on his part - I did not see any woman come to the station-house, but I heard of it from the inspector, who is not here to-day.
BENJAMIN COLLINS (police-constable G 217). I was on duty about a quarter past nine that night - I heard a cry of "Stop thief," and saw the prisoner run - I followed him about thirty yards to Lazarus's shop, and just as I was getting hold of him, he fell down across the area; he was then taken to the station-house - the prosecutor said he had lost his watch - I took a lanthorn, and found this watch in the area, under the iron railing, just where the prisoner fell- he had a good opportunity of putting it there, for I noticed as he fell, his hand was on that area.
Cross-examined. Q. How many persons were running after him? A. I saw nobody but Maynard, the butcher, but I cannot swear there were not four or five persons running after him as I was in front of him, and I turned and followed him - when I went to the area, I went down stairs in the house, and found the watch; it was not broken, nor is the glass; there was some dirt in the area, it was about three feet deep - I heard the prisoner say he had touched some woman.
GUILTY . Aged 25. - Transported for Life .
380. THOMAS OWEN MOWATT and THOMAS LEMORE were indicted for stealing, on the 21st of January , 160lbs. of flour, value 1l. 5s.; 1 sack, value 5s.; 1 bag, value 1s.; and 1lb. of biscuits, value 11/2d.; the goods of James Fraser , and another .
JOHN BARKER (police-constable K 108). I was on duty in Wapping High-street , on the 21st of January, at a quarter past three o'clock in the morning - I saw Mowatt come from the premises of Messrs. Fraser with a sack - I let him go some distance, and then asked him what he had got in the sack - he said he was going to take it to the docks - my brother officer came up, and spoke to me at the time, and the prisoner threw this sack of flour down, and ran away - I have since found he threw it down just by his own house - I pursued him, but lost him - this is the sack, it contains above 100lbs of flour; we took it to the station-house - I returned to my beat - Mowatt came back there, and I took him - I afterwards found about half a hundredweight of flour in his lodgings, similar to the other.
Cross-examined by MR. DOANE. Q. You are not a great judge of flour? A. No - I did not see Mowatt's face, when he had the flour, but I am certain he is the man, by his person and dress, and size - I had a full view of him when he dropped the flour - he returned in a quarter of an hour or twenty minutes, his coat was covered with flour - he had a cap on when I saw him, and the same when I saw him again.
BENJAMIN FINCH (police-constable K 263). I was on duty, and met the prisoner in Lower Gun-alley, with the flour on his back - I followed him a few paces, and, while speaking to my brother officer, he dropped the flour and ran away - I sprang my rattle, but lost sight of him when he turned - I saw Lemore come from the prosecutors' premises about half past three o'clock, and went to him and said, "Young man, I want you" - he became very much agitated, and said,"For God's sake do not take me, I shall lose my situation, I only came to see the machine, and have been drinking with a friend" - I was taking him to the station-house, and on looking round, I saw my brother officer with Mowatt - I found on Lemore about one pound of biscuits, which he said was given him by Owen.
Cross-examined. Q. Did he tell you where he lived? A. Yes; and I went, but found nothing there.
THOMAS OWEN. I am foreman to Messrs. Fraser - the premises were in my care on the 21st of January - Mowatt used to work on the premises - I ordered him to come at ten o'clock the night before he was taken, to turn over a
Cross-examined. Q. There are hundreds of such biscuits come from your place, I dare say? A. Yes; I cannot tell where he got these - I had asked Mowatt to come, and he brought Lemore with him - I said he might as well stay, if he was not engaged - I did not give either of them any biscuits - I know Edwards - he was employed to work the docker - I did not tell him to give them any - I did not give him a key to get any - I did not direct him to give the prisoners anything - we had some beer with the millwright - he is not here - he might have given two or three of these to the prisoners, but I do not think he would have done it - the men who work for us have 14lbs. of flour at Christmas.
EDWIN BADLEY . I am clerk to the prosecutors - I left Owen on the premises in consequence of the millwright being there - I saw this sack and flour at the station-house, and I think they are my masters' - I am pretty confident these biscuits were made on the premises - no one had any right to give them away but the partners and myself.
Cross-examined. Q. You cannot tell that these biscuits had not been sold? A. No - there are two partners, Mr. James Fraser, and Charles Morris Huller, but it is called Fraser, Huller, and Co.
MOWATT - GUILTY . Aged 26.
Confined Six Months .
LEMORE - GUILTY . Aged 21.
Confined One Month .
381. THOMAS PEARL and WILLIAM WRIGHT were indicted for stealing, on the 20th of January , 7 printing blocks, value 2l., and 2 colouring brushes, value 8s., the goods of Morris Martin and John Davies , their masters .
MORRIS MARTIN . I am a paper-hanger - Pearl was my apprentice , and Wright was my journeyman - I went out of town in October, and returned in December - I then took stock, and missed fourteen printing blocks - these are some of them - these two cost me three guineas, but there were four in the set - these two were of no use to the pawnbroker, nor the two that are left to me - these others are regular sets, and are worth 4l. or 5l. at least.
GEORGE AVIS . I am an officer - I took Pearl at his masters' on this charge - he said he had had the duplicates, but he had returned them to Wright, and the reason they were pawned was, they could not get their wages; and he told me where to go and find Wright, and get the duplicates of him, but they were sent to the prosecutor.
MR. MARTIN. There was no money due to Pearl - he was an apprentice, and had 16s. a week - I have known Wright from a child, and know no harm of him.
JURY. Q. Who paid him while you were away? A. Mr. Davies.
Pearl. My master knew a fortnight before that they had been taken, and he said if they were not produced the next morning, he would have me taken, as I must know something of them - Mr. Davies did not pay me above once in a month, but Mr. Martin knew nothing of that.
NOT GUILTY .
First London Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 19. - Transported for Fourteen Years .
383. WILLIAM HUTCHINSON was indicted for stealing, on the 18th of February , 1 jacket, value 15s.; 1 waistcoat, value 5s.; and 1 pair of trousers, value 20s.; the goods of Thomas Smith ; the said goods being in a vessel on the navigable river Thames .
THOMAS SMITH . I am a mariner on board the Apollo ; on the 18th of February she was in Billingsgate Dock; I was on board, and about five o'clock in the evening I heard a noise from Bruce - I came from the hold, and secured the prisoner on deck with some assistance - he was quite a stranger, and had no right to be there - he had this suit of clothes, which belong to me, under his smock frock.
Prisoner's Defence. I was in distress; I could not get a ship.
GUILTY . Aged 47. - Transported for Seven Years .
MARY ANN FARNELL . I am a widow - I keep a public-house in Thames-street - the two prisoners came in together in the evening of the 7th of February, about seven o'clock - Davis called for a pint of porter - they sat opposite the bar where my till is - they could get at the till by reaching over - they afterwards called for a second pint, which they paid for, and I put the money in the till - another customer came in, and had sixpence worth of liquor which I served, and I found I had not a sixpence in the till - I had only ten shillings in silver - I then sat down and heard the till move - I rose up and saw the till about two inches open, and I am quite sure I left it closed - the prisoners were still sitting there - I went round and locked
Cross-examined by Mr. DOANE. Q. Yours is an open public-house? A. Yes; the floor of the bar is lower than the tap-room - the fire-place where I was sitting, is at the back of the bar - there is a little screen which prevents everything being seen inside, but I can see people's heads - I could have seen their heads if I had looked - there were some coppers in the till, which were separate from the silver.
Cross-examined by Mr. BODKIN. Q. Did you know Rainsden? A. No, Sir; he may have been at the house, but I do not recollect him - my husband has been dead five weeks, but I attended as much to the business in his lifetime as I have since.
WILLIAM SMITH . I was doing duty for the streetkeeper - I was called, and took the prisoner - I took from Davis two skeleton keys, and one latch key - I did not see any money till he dropped one shilling in going to the station-house - I said, "You pick it up," and he did, for I thought he dropped it to get away.
Cross-examined by Mr. DOANE. Q. He might have dropped it by accident? A. Yes.
NOT GUILTY .
JAMES WILD . I am an officer - on the 7th of January I was in Newgate-street , about eleven in the morning - I saw the two prisoners following two gentlemen - Wilton had the skirts of one gentleman's coat in his hand, and then drew this handkerchief - I went over and collared the two prisoners - I kicked the handkerchief before me into a tobacconist's shop - I called to the gentlemen - one of them said he had lost his handkerchief, but he would not give his name - this is the handkerchief.
Wilton's Defence. I was going to Billingsgate when the officer said I had picked a gentleman's pocket.
Reading's Defence. I was on my way to Queen-street, and saw the handkerchief on the ground.
WILTON - GUILTY . Aged 20.
READING - GUILTY . Aged 22.
Transported for Fourteen Years .
386. JOHN McCARTHY was indicted for stealing, on the 27th January , 1 gelding, value 25l.; 1 cart, value 25l.; 1 set of harness, value 2l.; 10 sacks, value 30s.; and 1 ton 500 lbs. weight of flour, value 21l. , the goods of Allen Mason .
CHARLES NASH . I am in the employ of Mr. Allen Mason - he is a wharfinger , and lives at Brookes' Wharf, Upper Thames-street ; on the 27th January I had a gelding and a cart, and ten sacks of flour in it, which I was to take to Holloway; I was going by the New Post-office about five o'clock, and the prisoner came and spoke to me; I did not know him before, but he asked if that was not Mr. Mason's cart; I said, "Yes;" he said I had got the wrong note; I asked him who sent him; he said the clerk of the wharf had given him a pot of beer to come and tell me; I asked, "Which clerk?" he said, "The one with the crutch;" (Mr. Mason had such a clerk in his employ) - I turned my cart back, went towards home, and left the cart at Vintners'-hall; I ran home, and when I got there I found what the prisoner said was false; I went back to Vintners'-hall, which is about one hundred yards from my master's, and the cart and horse and flour were gone; I had not been absent more than five minutes; I ran halfway up Queen-street, but could not find the cart; I returned and told what had happened, and the men were all sent out - I saw the horse and cart again the next day - I am sure the prisoner is the person.
Cross-examined by MR. DOANE. Q. It was at the end of Newgate-street, that the person spoke to you? A. Yes, he told me to go back; if I had taken the horse and cart back to the wharf, this would not have happened - I had never seen the prisoner before, and it did not take much time for him to speak to me - I saw enough of him to swear to him.
JOHN KEMPSTER . I was coming out of my house in Steward-street, Spitalfields, that evening - I heard a cry of"Stop thief," and saw the prisoner running round the corner - I tried to stop him, but could not - I pursued him, and he was taken in my sight - I afterwards saw the horse and cart, which was loaded with flour.
DANIEL FORRESTER . I am an officer - on the 27th of January, about twenty minutes after six o'clock, Mr. Mason came to the Mansion-house, and stated, that he had been robbed of the cart and flour - I went with my brother to Artillery-lane, and saw a cart with two men with it - I saw the name of Mason on the cart - one of the men had hold of the horse, and was turning him into Duke-street - when they saw us, they left - I followed one of them; he turned into Steward-street - I called "Stop thief," and he turned back again to Duke-street, and was taken - that was the prisoner.
Cross-examined. Q. You had lost sight of him? A. Yes, there was another person with the cart - I only followed one - I did not notice his dress in the first instance; but I believe the prisoner is one of the men who was with the cart.
JURY. Q. Did you see him do any act? A. I believe one of them had his arm on the horse's head; I cannot say which.
JURY. Q. Do you swear positively that he turned the horse's head? A. To the best of my belief, it was him - he went away - his dress was all over flour - there had been ten sacks of flour in the cart, when it was taken; and when we found it, there were only six.
JURY to CHARLES NASH . Q. Did any other person speak to you in the street? A. No, only the prisoner, he told me to go back - I did not notice whether there was any flour on his dress - he was in a brown dress - I did not notice whether it was fustian - I did not go anywhere else, nor leave the cart until I got to Vintners' Hall, and then I ran home - I have been six years and three months with my master - the ladder was up at the back of the cart - I swear positively the prisoner is the person who spoke to me - he was not dressed as he is now - he did not say anything to induce me to leave the horse and cart in the street, or in his care.( Edward Lloyd , No. 3, King-street, Southwark, and Timothy Keough , a cow-keeper, gave the prisoner a good character.)
GUILTY . Aged 19. - Transported for Life .
ROBERT WRIGHT. I am clerk at Hambro-wharf - I have a son named John - this property was mine, and was taken from him, but I do not know anything of the robbery.
JOHN WRIGHT. I am nine years old - I know the nature of an oath - I was carrying the bundle which contained two frock bodies and a merino frock for my sister, to Theobald's-road - I was looking into a hair-dresser's window, and the prisoner came behind me, and snatched the bundle; he put it under his right arm, and ran away - he was caught behind some tubs - I am sure he is the man.
GEORGE BISHOP - I was passing Thames-street, and saw the prisoner and the rest of the mob run down Paul's-wharf - the prisoner was taken there with the bundle - I tied his hands with my handkerchief, and sent him by the officer to Guildhall; and I went with the little girl to her father.(Property produced and sworn to.)
GUILTY . Aged 20. - Confined for Three Months .
ROBERT HOWARD . I am gardener to Charles Shard, Esq ., of Hatcherley-park - he keeps pheasants; and some of them are silver ones - I have the care of them - I missed two silver pheasants on the morning of the 30th of January, which I had seen safe at eight o'clock the night before in the pleasure-ground in front of the house - they were tame birds, and would feed out of my hand - I came to London on the 1st of February, and saw the two pheasants at the office - I could swear they are my master's - these are them - this young one I brought up; and the other I had an accident with, and broke its pinion.
RICHARD STACEY . I drive the Bristol Mail - on the night of the 29th of January I was stopped by a person at Salt-hill, about five miles from Hatcherley-park - he gave a bag to the guard, and said he must take care of it, as there were a couple of live pheasants in it; and I understood him to say they were going to the Post-office; but the direction is near the Post-office - when we came a little nearer town, another man gave me a basket, which he said contained pork, and it was to go near the New Post-office - when I came to Lad-lane I looked at the two directions, and they were both alike, "For Mr. Brown; to be left at the Nottingham Castle, near the New Post-office, London"- the bag was opened, and it contained two live pheasants, and the basket nineteen fowls, which were not picked; and some of them were warm - I packed them up again, and sent them by a porter as directed; and I and an officer went and watched them - the prisoner came, and had them, and was taken.
JOHN HEAPS . I am landlord of the Nottingham Castle- the bag and basket were brought to my house - the porter demanded four shillings for the carriage, which I paid - the prisoner afterwards came, and asked if there was anything left in the name of Brown - I said "Yes, and I had paid four shillings carriage" - he gave me the four shillings; and I called my lad to give him the bag and basket - he opened the bag, and borrowed a basket to put the pheasants in - I knew him, and have employed him as a porter.
ROBERT TYRRELL . I am an officer - on the morning of the 30th of January I was sent for to the Swan with Two Necks, Lad-lane - I saw the bag and basket - I told the porter to deliver them as they were directed - I went with the coachman and waited - I saw the prisoner go by- he knew me; and I kept at a distance, and went into a house - I saw the prisoner go into the public-house, and come out with a basket - I stopped him, and asked what he had got - he said, "Two birds" - I looked in and saw these two pheasants - he said he was to take them to the Ship, in Ivy-lane, Newgate-street, and he was to meet a person there - I took him back to the Nottingham Castle, where I found the basket of fowls - I found the tickets of the carriage, and the direction which had been on the pheasants, in his pocket.
Prisoner's Defence (written)."About three weeks ago a man came to me about six o'clock on a Thursday morning, who had the appearance of a salesman, and whom I had often seen waiting near the Post-office, and who was sometimes attended with a market-porter till the mail-coaches came in, when he takes some baskets from the coaches, and proceeds up Newgate-street with them - he said he might give me a job now and then; for he said he had a horse and cart standing in Newgate-street, and that he had business in the market which prevented him from always waiting till the coaches came in - he then told me that whenever any of his baskets should come, and he not be there, there would be a direction on them for Mr. Brown, to be left at the Nottingham Castle till called for; but that I was to take them to the Ship public-house, where I should see him, and if there should be any live birds at any time, I was to get a flat and put them in, so that they should not be hurt - he told me that he had sent an order into the
GUILTY . Aged 59. - Transported for Seven Years .
There was another indictment against the prisoner.
The prosecutor did not appear.
NOT GUILTY .
EVAN JONES . I am a coachman - my wife's name is Eliza - she has known the prisoner from childhood - we took her in from charity - she was four nights and three days at our place - she went away while we were asleep, and when we got up we missed these things.
NOT GUILTY .
OLD COURT, Saturday, February 22nd, 1834.
Third Middlesex Jury, before Mr. Common Sergeant.
EDWARD WALFORD. I went into the King's Arms, in Whitechapel , about ten minutes to ten o'clock on the evening of the 12th of January, with a male friend - I was quite sober - there were a number of men and women sitting in the parlour drinking - I ordered a pint of ale, and while I sat there a man came in and began to talk about fighting - I do not know who he was - he did not direct his conversation to me - I asked him what weight he was - he took no notice of what I said - my friend had occasion to leave the room, and the party I spoke to about his weight directly took and hit me across the table in the face - I defended myself as well as I could while sitting down; and the prisoner came up under pretence of protecting me - he acted as if he was assisting me - he stood before me, and said to the man, "Do not hit him" - I tried to get out of the room, and I felt the prisoner snatch the watch from my person - I am quite sure he is the man who snatched it - and he dropped it on the ground - I directly cried out,"Help," and the landlord came to me, and asked me what was the matter - I told him I had lost my watch; and some of the party wanted to get out of the room - the landlord said nobody should pass until the watch was found - then somebody in the room said, "When he came in he had no watch" - the prisoner was talking to some persons in the room - the landlord called for a light - there was a gas-light in the room - I had not seen the prisoner drop the watch - I did not tell the landlord it was on the ground - I felt the prisoner take it - he dropped it, but I believe it was picked up - the party standing round the door looked on the ground, and said, I had not looked for my watch - I looked then, but it was not on the ground - the landlord called for a light, and the policeman came in and took the candle and found the watch at the other end of the room, on the seat, out of the case - there might be twenty or thirty persons in the room - as soon as the policeman came into the room, I said, "That is the man who took my watch," and gave him in charge - I had not lost sight of him during the scuffle - he was still near me all the time - when the watch was found, I left him in custody of the policeman - (looking at the watch) this is my watch and seals.
Cross-examined by MR. CHURCHILL. Q. When did you first say the prisoner was the man who took it? A. I told the landlord I had lost the watch - I made no charge against the prisoner till the policeman came, because I felt myself in danger among so many strangers - I told the landlord I had lost my watch, but said nothing about the prisoner - I did not see him drop the watch, but I felt him drop it down by my feet; and he had snatched it from me - I did not see him snatch it, but felt him, and he was the only person within reach when it was taken from my person - he did not remain near me till the policeman came.
COURT. Q. Did you not say, "He was still near me?" A. He was not a distance from me - he was not so far from me as he is now - the room may be about sixteen feet long.
Cross-examined. Q. He was not further from you than he is now? A. No, not so far; I heard the watch fall, when it was first dropped - I was quite sober - it was not the first public-house I had been into that night - I had had one glass of ale - my friend Daniel M'Carthy was there, but he went out before it happened.
COURT. Q. Are you clear that is the man who took the watch? A. I am perfectly certain of it - I swear to him positively - when I charged him with it, he said nothing.
WILLIAM ARGENT . I am a policeman - I went into the King's Arms, being sent for by the landlord - I got inside, and the landlord and prosecutor stood at the door of the back parlour - the landlord said, in the prisoner's hearing, that a watch was lost, and he would not let anybody out till it was found - I went inside, and took the candle which one of the party had, and searched under the settle - the prosecutor did not charge anybody at that time - I went to the
Cross-examined. Q. Where were the prosecutor and landlord standing? A. Just outside the door, so that nobody could get out - the prosecutor was in no danger at all from the people in the room - he could have told the landlord then who took it - he did not tell me who took it till after it was found - I did not see that any of them were intoxicated - the prosecutor was quite sober.
EDWARD PITSON . I am a policeman - I heard of this, and found the prisoner at the Swan public-house, Bacon-street, Brick-lane, playing at cards, about half-past nine at night - I told him I wished to speak with him outside - he objected at first to come out - I then told him if he would not come out I should tell him before the company what I wanted him for - he then came out - I told him he was my prisoner - I brought him outside the door - my brother constable was there, in case I wanted assistance - we got him outside, and then the party inside came out - he then tried to get away - he struggled and got away, and ran to a court opposite which I knew was no throughfare - I called to my brother constable, we followed, and caught him without his getting out of sight - I told him if he did not go quietly I would handcuff him - he then asked what I wanted him for - I had told him I wanted him for a job in Whitechapel - I secured his hands and took him down Bacon-street - the mob followed us, and we were molested by stones being thrown at us - I brought him down and secured him.
Prisoner's Defence. I was not near the man at the time he lost his watch.
JURY. Q. At the time you felt the watch fall, was there any other person within reach? A. Not at the time - I swear nobody could have taken it but him, from the position every one else was placed in.
GUILTY .* Aged 22. - Transported for Life .
Before Mr. Justice Park.
392. CHARLES RILEY was indicted that he on the 4th of January , at St. Botolph without Aldgate , without lawful authority, feloniously and knowingly did convey out of His Majesty's Mint, certain metal, that is to say, 80 ounces of silver, value £20, the property of our said Lord the King , against the Statute, &c.
4 other COUNTS, stating the property to belong to various other persons.
4 other COUNTS, like the first five, only calling it mixed metal.
2 other COUNTS, like the first and sixth, only omitting to state to whom the metal belonged.
13th COUNT, for feloniously breaking and entering a building within the curtilage of the dwelling house of Gilbert Farquhar Graeme Mathison , on the same day, at the same parish, and feloniously stealing therein 80 ounces of silver, value £20, the property of our said Lord the King, against the peace, &c.
5 other COUNTS, stating it to be the property of various other persons.
Messrs. ADOLPHUS and SCARLETT conducted the Prosecution.
JOSEPH MARTIN . I was at work on Thursday, the 23d of January, at the Mint - I am employed in the refinery - there was some silver in the Mint in a pan - I left the silver in a pan on Thursday evening next the door, in the drying room - I left work at six o'clock - I left Beville, the foreman, on the premises, and a Frenchman (Chennell) and I left together - I returned next morning at a quarter past seven - I was the first man that got there - I did not lock the door when I went out at night - I saw Beville, my countryman, lock the door - I opened the door next morning - I got the key from the window next door to the office - I went into the refinery and lighted a candle, and came round with the candle and saw silver on the floor, and there was a plank placed on the steps of the door to wheel up coals - we saw some white on the floor, and felt it, and it was silver - I went to the place where I had seen the pan the night before - I saw a round spoon near the silver - the spoon was not in the place it was in the night before - the spoon had been left the night before in the place we melt in - I saw it left there - there were two spoons - I went out at the gate directly and told Canadice, the porter, that the Mint had been robbed, and desired him to call the head porter, Podio, and I spoke to Podio myself - I had not finished speaking to Podio before Beville came up - he saw the silver in the yard - I afterwards went with Beville to the prisoner's watch-box - I saw silver all the way from the refinery to the watch-box, and under the watch-box- I saw some silver on the straw of the ground of the watch-box - I never saw the prisoner in that box - he used to be in such a box - after Podio came, he put his hand under the watch-box and pulled out a red cap full of silver.
Cross-examined by MR. DOANE. Q. Do you recollect the Thursday evening? A. Yes; I was in the drying room, about six o'clock - there was a pan there to dry silver - Beville and I left together; there was no spoon in the pan then - I did not fasten the door myself; I saw Beville shut the door, and lock it, and put the key in the window - when I went next morning I was alone - I went into the same place, and got the key, and unlocked the door myself - I found the door in the same state as I had left it the night before - the refinery is another room - I found the particles of silver on the floor of the refinery.
COURT. Q. How long have you been employed there? A. Five years and a half.
Cross-examined. Q. You worked in the refinery on the previous evening? A. Yes; I was in the foundry, and in the drying room - I was in all places - I saw the iron ladle in the foundry - one key was kept in the window.
Q. Any person, who knew it was there, could get at it? A. I believe not; because we go to work at six o'clock, and the watchmen do not come until nine o'clock, and cannot tell where we put the key, as they are not there- it is customary to leave the key there, to enable the workmen who come at various hours, two and three o'clock in the morning, to find it.
Q. This is a peculiar process of drying the silver - what do you call it when in that state? A. Silver precipitate, or lime of silver.
MR. ADOLPHUS. Q. Precipitate or not, is it silver? A. It is silver.
CHARLES FRANCIS PODIO . I am the head porter and constable of the Mint - the prisoner was one of the nightwatchmen - he goes on duty at nine o'clock at night, and continues until six o'clock in the morning - each of the watchmen has a key of his watch-box - they watch every night, and change alternately every week - the keys of the watch-boxes are hung up in a lodge, with their pistols, when they are not on duty - the lodge is where I reside - when the watchman leaves, he comes to the lodge, leaves his pistols, and hangs up his key - Riley was stationed on the night in question in the copper-foundry yard, near the window of the refinery - the copper-foundry yard is inclosed by a gate, and that also incloses the refinery - on the 24th of January, I recollect being called up in the morning, and was informed that a robbery had taken place - I immediately dressed myself, and came down stairs - Mr. Beville was waiting for me - I took the key of the prisoner's watch-box off the nail, in the lodge, from its usual place - I accompanied Beville to the box; and outside the box I saw silver had been spilt - I then opened the box with the key, and there saw, on the seat at the bottom, more silver - I was in the act of going down on my hands and knees, and, under the box, I pulled out this red worsted nightcap, with this silver within it - I have seen Riley wear such a night-cap - I then locked the box with the night-cap in it- I accompanied Mr. Beville to the refinery, and could trace the silver from the box to the window - I there saw some silver spilt on the sill of the window - I then went into the refinery down the plank, which laid in an inclined position, and saw silver spilt on the plank and on the floor- I then went into the drying room; and on the ledge of the drying pan more silver was spilt, and an iron ladle laid by the side of it; and a quantity of silver, apparently in the same state, was in the drying room - I communicated the robbery to Mr. Barton, the comptroller - I then fetched Elledge, the night porter, and we came to the Mint together, and went to Mr. Barton's house - Elledge and Barton went after the prisoner, and he was brought to the Mint about eleven o'clock, by Elledge and Barton - he was taken to the boardroom - I was present the whole time - nothing whatever was said to him in the shape of a threat - in the presence of Mr. Barton, Mr. Mathison, Elledge, and myself, he cried for mercy, and said, that it was the first time he had done it, and he hoped they would forgive him - and he did not know what it was, that he took it for silver-sand - On Saturday morning, I made a further search in his box, and took up eleven pennyweights of silver off the seat and the bottom - the quantity in the cap was four ounces, five pennyweights - his watch-coat was found in the watch-box - I saw it there on Saturday, and it is there now - I had locked the box up - I looked into the pockets of the coat, and there was a white knit cotton night-cap - and there was a duplicate key of his box - he had no right to that key; but I account for it in this way: that he had lost the key of the box, and was fearful of telling me of it, and got another made.
JOHN ELLEDGE . I am night gate porter at the Mint - on the 23rd January I was on duty - the prisoner came at nine o'clock to go on duty as watchman - his place of duty was in the copper-foundry yard - I was there when he went off duty, at six o'clock in the morning - he came and hung up the key and pistol, and went away - some time afterwards I heard from Podio, and accompanied Mr. Barton to the prisoner's house, No. 10, John-street, Cannon-street-road - I knew that to be his house - I had been there before - Mrs. Riley opened the door - I asked for the prisoner - she said he was not at home - I went into the house - I went down below, accompanied by Mr. Barton - after that I went to the Roebuck public-house, Cannon-street-road - I found him there on going a second time, between ten and eleven o'clock - we went back to the house with him - Mr. Barton and Mrs. Riley were there, and Mrs. Riley went up stairs - I went up stairs after her - she took a key from her pocket, and opened the garret-door, which was a bed-room, and went in; and directly I got into the room, I saw something tied up in a silk handkerchief, on a box under the window - this is the bundle - I brought it down stairs, and said to Mr. Barton, in the prisoner's presence, "This is, I dare say, what we are looking for, Sir" - Riley said, "What is it?" - I replied, "Oh, you know what it is," and said he must put on his coat and go to the Mint - he said if he went to the Mint he should never see his children any more - he said to Mr. Barton, "I hope, Sir, you will forgive me" - Mr. Barton said he must speak to Mr. Mathison about that - I then went with the prisoner to the Mint; but, before that, when he came from the Roebuck, into the passage of his house, and pulled off his hat on seeing Mr. Barton, and his hair was all over white powder, similar to this silver - he had his coat off at the Roebuck - I saw his coat down in the kitchen, at his own house - it appeared to be the same coat as he had on when he left duty at six o'clock in the morning - I went with him to the Mint, and when in the Board-room with me and Podio alone, he said repeatedly that he should either be hanged or transported, and I cautioned him to hold his tongue; but in the presence of Mr. Mathison and some other gentlemen, he said he could not tell what induced him to take it; but he thought it was silver-sand - his duty was in the copper-foundry yard that week - the handkerchief contains silver, weighing eighty-one ounces, the same as was in the night-cap.
Cross-examined. Q. Did you see him in the evening before, in search of his great coat and hat? A. No, I did not see him going to the gas-house - I did not see him from nine to six o'clock - his residence is in the county.
JOHN FIELD . I am inspector of counterfeit coin to the Mint - it is in the county of Middlesex - I have been in Court during the trial - I made no promise or threat to induce the prisoner to enter into conversation with me, but cautioned him not to say anything to injure himself - I asked if he knew me - he said, "Yes" - I said, "Riley, I am going to take you before a magistrate, and I caution you not to say anything, because if you do, I shall be obliged to use it against you" - he went on his knees to Mr. Mathison, and said, "I am a very bad man, and I hope you will forgive me" - I desired him to get up, and said, "Riley, this is a bad business" - he said, "Oh, Sir, I hope you will forgive me; it is the first time I ever did it; I was very drunk, and did not know what I was doing; I found the door open and went in, and that is all I recollect" - I said, "Riley, you must have gone in at the window" - he said, "Must I, Sir? I do not recollect now" - he was then taken before a magistrate - there is a communication from the copper-foundry to the drying room, by means of doors - the refinery is approached by a door from the outer yard - you descend into it by three steps to the melting room, and from that room you get to the drying room - this silver was deposited immediately under the window - a person unacquainted with the building would be very likely to fall into one of the cisterns, which are charged with acid.
COURT. Q. How long has the prisoner been employed there? A. I cannot say - this is the King's Mint for coining the money of the realm.
JOHN ELLEDGE re-examined. I saw the prisoner come on duty, and go away - he appeared when he came on duty, at nine o'clock, as if he had been drinking, but not incapable of doing duty - it would not be my province to prevent his going on duty, while a man, named Brown, was present.
Mr. GILBERT FARQUHAR GRAEME MATHISON . I am melter and refiner to His Majesty's Mint - I discovered, after this robbery, a deficiency in the weight of the silver, to the amount of about fifteen pounds troy, one hundred and eighty ounces - I understand the prisoner has been employed in the Mint eighteen years, and considered a very confidential man - this silver is the same material as was in the pan - it is a French process, introduced by me, and nobody but foreigners can do what is necessary - I have a sample of it here.
Cross-examined. Q. Where did you get it from? A. From the drying room - I had put this silver into work, on the Monday morning before the robbery, and that was the last time I weighed it - more silver was delivered out on the Tuesday.
Prisoner's Defence. I know nothing of it, my Lord, how it came.
GUILTY. Aged 53. Recommended to mercy on account of his previous good character . - Transported for Fourteen years .
Before Mr. Justice Patteson.
393. WILLIAM CLARK was indicted for feloniously and burglariously breaking into and entering the dwelling-house of Timothy Donovan , on the 20th of February, about the hour of two in the night, at St. Matthew, Bethnal-green, with intent to steal, and stealing therein 1 pocket, value 1s.; and six pence, in copper monies, the goods of the said Timothy Donovan ; and 4 yards of flannel, value 5s.; 4 handkerchiefs, value 2s.; 1 cap, value 9d.; and one needle-case, value 1d.,James McNeill ; and that he had before been convicted of felony .
TIMOTHY DONOVAN . I live in Bennett's-court, Great George-street, in the parish of Bethnal-green - I occupy the whole house, and have lodgers - I pay the rent of the house - I have only one lodger, that is Margaret McNeill - I have a wife and four children, all living in the house - on the 19th of February, I went to bed about eleven o'clock - there are two rooms in the house; I have the ground floor-room, and sleep there with my wife and children, and McNeill has the upper room - my childeren were all in bed with me and my wife - my wife came to bed after me - the street-door opens into my room - there is no passage - I awoke about half-past five o'clock in the morning, and heard a noise like a man coming down stairs from McNeill's room - I called out, "Is that Mrs. McNeill?" - I received no answer; but the prisoner opened the street-door, and ran out to make his escape - I bolted out, naked as I was, and ran after him, and the policeman caught him - I kept him in sight all the way - he ran about three or four hundred yards - the prisoner is the man - the policeman found a silk handkerchief and some flannel on him in my presence - when he opened the street-door, I could see him by the moon-light - it was not daylight, but I could see him, by the light of the moon, standing in my room.
MARY DONOVAN . I am the wife of the prosecutor - our house is in the parish of St. Matthew, Bethnal-green - on the 19th of February, I went to bed last, and I shut the street-door, at eleven o'clock, and fastened it by a springlock - I locked it - I was awake in the morning, and my husband called out, "Thief," - I saw the man run out; and found the door had been broken in - the lock was broken in - it was pushed back - I am sure I fastened it the night before - it was half-past five o'clock in the morning when I awoke.
MARGARET MCNEILL . I lodge in the upper part of Donovan's house - I went to bed after him, on the night of the 19th of February - I was in my own room when they went to bed - I was awoke in the morning by the prosecutor jumping out of bed - I think it was between four and five o'clock - it was dark, but not so dark but I could see a person - it was not daylight, till near seven o'clock in the morning - the day was breaking, getting gradually lighter and lighter - I cannot swear to the time - the day must have been breaking, or we could not see anything - it could not be moon-light at that time - I saw no moon, nor do I believe it was moon-light - I saw nothing, but heard my landlord jump out of bed in a scuffle, and heard the children screaming - the scuffle and noise was below stairs - I had not heard any noise in my room - I never awoke - I saw nobody in the house - Mrs. Danovan called out - I went down, and saw the prisoner standing there with the policeman, and Mrs. Donovan had the flannel in her hand - I recognised it to be part of the work I had to do; and I said, "Where is the other part?" - the two flannel petticoats were in a bundle by my bed-side the night before - I am the wife of James McNeill - I have not seen him - for two years - I do not know whether he is living - he left me with four children - I missed two neck handkerchiefs and a cap; I found the other part of the flannel in the privy in the handkerchief, and took them to the station-house - a silk handkerchief was shown to me by the policeman, that hung over a bonnet the night before in my room.
WILLIAM CHADWICK . I am a policeman - I was on duty on the 20th of February, and apprehended the prisoner about half-past five in the morning, it was just breaking daylight - there was daylight enough to distinguish persons' countences - the moon was not shining - Donovan was running after him - I searched him, and found on him a flannel and this silk handkerchief - I took the flannel from his trowsers, and the handkerchief out of his trowsers pocket, and he had a knife - I took him to the station-house, and found fourpence in his pocket, and a needlecase, which the prosecutrix owned - when I took the prisoner, I asked where he had been, and he told me into the privy, which is in front of the house.
MARY DONOVAN . This pocket is mine - I found it that night outside the street door on the railing - I had put it under my head when I went to bed, under the bolster; and it had sixpence in copper in it, and a duplicate - when I found it in the morning, there was nothing in it - I found none of the copper on the ground - none of the pence had any mark on them.
MARGARET McNEILL re-examined. This flannel is what I missed - it is a petticoat not finished - I had it to work on from Oxford-street - this handkerchief covered a bonnet which hung on a nail; it was there when I went to bed, and I missed it in the morning.
ABRAHAM SCOTT . I am a police-sergeant - I had the prisoner in custody in December last, and was present when he was tried at Clerkenwell Sessions in December last - I have a certificate of his conviction - I got it from Mr. Allen's Office, the clerk of the peace, at Clerkenwell Sessions-house, (read.)
GUILTY of Stealing only . - Transported for Life .
Before Mr. Baron Gurney.
394. PETER RATTENBURY was indicted for stealing, on the 23d of January , at the precinct of the Savoy, 12 silver spoons, value 6l.; and 4 silver forks, value 3l., the goods of Robert Thomas Crucifix , in his dwelling-house .
BRYAN CREAN . I am in the service of Robert Thomas Crucifix , who lives at No. 7, Lancaster-place, Waterloo-bridge, in the precinct of the Savoy - I was acquainted with the prisoner - he came to see me at master's house on Wednesday evening, the 22d of January, and stopped all night by my permission - he slept in the same room with me - we both came down in the morning - I took out six small silver forks out of the pentry for master's breakfast - the prisoner was then either in the passage or kitchen - he was in the lower part of the house - I went up stairs with the tea-tray, and while I was up stairs the cook went down - I saw her come up stairs again, and when I came down the prisoner was in the kitchen - he had cut some bread and butter, and was getting his breakfast - there was nobody else besides him when I and the cook were up stairs - the pantry is at the end of the passage fronting the kitchen stairs - the prisoner was pouring out some tea - he said he had not waited for me to come to breakfast (which
Cross-examined by Mr. PRENDERGAST. Q. How long had you been up stairs before you came down? A. Five minutes - he had cut three or four pieces of bread and butter, and he had the tea-pot in his hand and poured out the tea - I hardly know whether he had commenced eating - I believe I had made the tea before I left the kitchen - I do not recollect whether he eat several pieces of bread and butter, but he was not there five minutes after I came down - the street door was shut to, not locked - it it always shut - I believe it was shut - I did not take particular notice of it - it might have been open, for what I know - the area gate was shut with a spring lock - a catch which draws back inside - a person could not open it outside - there is no handle outside - a person might get over the area rails - the door leading from the area into the house was fastened, so that nobody could get in - it was fastened by the catch - the area gate was locked, and the key hung up - I asked him to go out and get me some pump water - he had to go down into a street below us, and he told me to leave the gate open, and he could come in; but I did not, I locked it and unlocked it to let him in when he came - I stopped down stairs in my pantry, the whole of the time till he came back - I then went to the gate, and saw him coming up Wellington-street - I have known him four years.
COURT. Q. While you were up stairs was anybody down stairs but him? A. Nobody, I am positive - I saw the cook up stairs, and there was nobody down stairs but him.
MARIA SPARKES . I am in the service of Mr. Crucifix, as cook - I saw the prisoner there on that morning - I did not sit down to breakfast with him - I remember the footman carrying the breakfast things up stairs - I was in the front parlour at that time - after he had gone up I came down stairs and saw the prisoner in the pantry - he was brushing his hat, and came out of the pantry into the kitchen - he seemed rather confused, but I took no notice of that - he went out of the kitchen into another place, and came into the kitchen again - I said, "You had better get your breakfast, and I will send the footman down" - I did so - I went up stairs and sent the footman down, and he went down, and they had their breakfast - I did not have mine - I did not see the prisoner again till he was gone, when I went up stairs to send the footman down - I left nobody down stairs but the prisoner.
Cross-examined. Q. The footman and you were both away from the kitchen together at first? A. Yes; I came down and found the prisoner in the pantry - I went into the kitchen, and he followed me, and he when I left him the last time he was getting his breakfast - I might be absent one minute, when I went to send the footman down - a person could not open the doors, because the gate was locked, and the key was inside the house - there is a key-hole outside the door, but the key was in the lock, inside - nobody could have put a key into that key-hole.
COURT. Q. When the footman went up with the breakfast thing you were in the parlour? A. Yes; I was not two minutes before I came down, and found him in the pantry - I had been cleaning the parlour.
ANN RAWSON . I am in the service of Mr. Crucifix, as housemaid - I saw the prisoner there that night and next morning - he stayed all night - next morning, after he was gone, I missed two gold watch keys, and a steel watch chain off the kitchen dresser - I had seen them safe the night before, about ten o'clock, on the 22nd of January - I missed them about twenty minutes after he was gone.
Cross-examined. Q. They belong to you? A. They do - I know the door leading into the area, and know that the key was in the door - my fellow-servant forgot to say the key-hole has a brass plate on it outside - it has been so ever since we have been in the house - there is no possibility of opening the door outside - Dr. Crucifix had not given him leave to sleep in the house - it was not known to me untill the morning - I left the kitchen about ten minutes after ten o'clock, and left the prisoner sitting on a chair - I know he was there then, but did not know he slept there till towards morning - he has slept there before, not repeatedly - it might be two or three times - Dr. Crucifix never knew of it - he has gone to the theatre, and come home with the footman, and slept there always without Dr. Crucifix's knowledge - no other person slept in the house - I saw the prisoner before I went to bed - I did not know of his sleeping there - there was no other young man there that I knew of - I slept with the cook - there are three servants, the cook, housemaid, and footman.
Cross-examined. Q. Did you find any property? A. No - none of it has been found - Dr. Crucifix's house is not on my beat.
COURT to BRYAN CREAN. Q. Were you able to find the prisoner till he was taken by Waters? A. No: I was out two days with the officer, but could not find him - I did not know where he lived - I have often asked him where he lived, but he never told me.
NOT GUILTY .
Before Mr. Justice Park.
395. ALEXANDER BRANNAN was indicted for feloniously forging, on the 24th of December , at St. Marylebone, a certain order for payment of money , which is as follows: - "London, 20th December, 1833. Messrs. Greenwood, Cox, and Co., pay self, or bearer, Ten Pounds, JohnJohn Henry De Lolme , against the Statute, &c.
2nd COUNT. For uttering the same, well knowing it to have been forged, with the like intent.
JOHN HENRY DE LOLME . I am a watchmaker , and live in Rathbone-place - the prisoner has been several times at my shop, and I think he has made a purchase - on the 21st of December, he came and desired to look at some watches, intended for a lady - he selected one, but wished to have it approved of before he determined on it - it was to be ten guineas - he left a cheque in the mean time, and expressed that it was for £10 - I felt perfectly at case about the difference from his appearance - he never came back.
JOHN THOMAS NASH . I am a policeman - I apprehended the prisoner on Thursday, the 23rd of January, in the North and South American Coffee-house, in the City - I searched him, and among his papers was a bill of Mr. De Lolme's; and underneath it there was written, "Left against a cheque of £10."
MR. DE LOLME. re-examined. This is the bill I gave him, and this is the cheque the prisoner gave me - I sent my man to Green wood's with it - he brought it back to me- I got no money for it.
Cross-examined by MR. PAYNE. Q. Is there any mark on it of yours? A. No; but I inspected the writing very closely - I made no copy of it - I swear to it being the cheque he gave me - I have not the least doubt of it.
JAMES CAVENDISH . I am clerk to Messrs. Greenwood and Cox - they have no person named John Weston, who purports to draw this cheque, dealing with them - I remember the cheque being presented to us - my answer was, "No such person known" - I have seen the prisoner at Cox and Greenwood's - I think he was clerk to a commissarygeneral, who returned from Sidney some time ago.
Cross-examined. Q. What is your department in the house? A. I am in the half-pay department - we have some banking accounts with officers who have sold out, and perhaps have left a balance in account - there are nine clerks in the office I am in - I do not know every body who has authority to draw on the house; but I went round to every clerk who keeps an account in the house, and asked them, and they said "No" - I say we have no such account in our room - I made no mark on the paper presented to me; but it was in the same words as this - I swear it is the same paper.(Cheque read.)
Prisoner's Defence. I leave it all to my counsel.
GUILTY on Second Count. Aged 45. - Transported for Life .
Before Mr. Justice Patteson.
396. ELIZABETH CLARK and SARAH NORTHWOOD were indicted for stealing, on the 8th of February , at St. Leonard's, Shoreditch, 52 yards of silk, value 6l. 10s., the goods of John Harvey Knight and another, in their dwelling-house .
JAMES BENTON . I am sixteen years old - I am apprentice to Mr. Knight, of Crown-street, Finsbury, in the parish of Shoreditch - there are two partners in the house - John Harvey Knight and Samuel Knight - they are drapers - on Saturday, the 8th of February, the prisoners came into the shop and looked at various silks - the shop is part of the dwelling-house - Mrs. Knight served them - they were there about half an hour, sitting close together at the counter - Clark went out first - she had on a large green cloak - she had bought nothing herself - when she got up to go away, Northwood was keeping Mrs. Knight in conversation about the price of some silks and other things - she went away about five minutes after Clark; and directly after Northwood had gone out, we missed a large length of puce silk - I went in pursuit of Clark, and found her in Finsbury-place, about three minutes' walk from the shop - she saw me, and turned back and said,"Have you seen the young woman who was with me in the shop?" - I said I had not - she said, "Perhaps she is in the shop buying something: I will go back with you and see" - I said I wished she would - she walked back with me; and when she got to the corner of Finsbury-square, I heard something drop down an area - a lad, who was passing at the time, said, "That won't do: I saw it" - he spoke loud enough for her to hear it - I immediately laid hold of her; and he went down for the silk into the area - he brought it up to me - I took it; and we then took her to our house, and sent for a policeman - this is the silk - I know it to be my master's property by a mark at the end of the silk and of the roll - it is a private mark - her cloak was large enough to conceal it under it - it is the silk we missed - it measures fifty-two yards and a half, and is worth £6 10s. at 2s. 6d. a yard - I went to the station-house with her - she there said she lived in Baltic-street, and gave the number; but I do not remember it - I went there with a policeman, to No. 4; and as we were coming away, the prisoner Northwood came up to the door - another person was standing at the door, and Northwood said to her, "Where is Betsey?" - that was the same day- I had apprehended Clark between three and five o'clock, and this was about half-past five o'clock - Northwood had then changed her shawl for a cloak - she had on a different bonnet, and her hair was out of paper - the policeman took her in charge.
ELIZABETH KNIGHT . I am the wife of Samuel Knight - I served the prisoner - when they came to our shop on the 8th of February, they were, I should think, about twenty minutes in the shop - Norhtwood asked for dark silks, and looked at them - I wished her to give me an idea of the colour, but she could not - I called the lad to reach some for me, which I showed to her - the silks were placed before Northwood, and clark stood by her side - Clark went away first - Northwood was then engaging me in conversation about the prices of silk handkerchefs, and then about coaks - they were in conversation while I was serving them - Northwood stayed a few minutes after Clark - before Clark left she had three quarters of a yard of blue silk, which she immediately fixed on without asking the price of; but the other silks she was very particular in asking the price of - what she had came to 2s. 1d., which she paid, and put the silk into her small basket - I perceived that Clark had something under her arm, but I was so fearful I might be mistaken, I could not look to ascertain if anything was gone till Northwood had left - I then missed the puce silk, and sent the lad after her.
Cross-examined by MR. PHILLIPS. Q. Was anybody with her except the boy? A. I saw nobody.
Northwood's Defence. I am perfectly innocent - I was full twenty minutes in the shop purchasing silk, which I bought and paid for - I have frequently been in the shop, but not to steal - I did not know whether she had stolen anything at all - I was in there about half-past three o'clock, and was taken about five o'clock - I am perfectly innocent - I know nothing about it.
CLARK - GUILTY . Aged 25.
NORTHWOOD - GUILTY . Aged 22.
Transported for Life .
There was another indictment against the prisoners.
Before Mr. Baron Gurney.
397. WILLIAM MARTIN was indicted for stealing, on the 17th of January , at St. James's, Clerkenwell, 2 silver candlesticks, value 10l.; 5 silver mugs, value 21l.; 33 silver spoons, value 25l.; 1 silver waiter, value 2l.; 1 silver cream-jug, value 1l.; 1 silver mustard-pot, value 1l.; the goods of William Bateman , in his dwelling-house .
ELIZABETH DUNCKLEY . I am in the service of William Bateman , of Cumming-street, Pentonville, in the parish of St. James's, Clerkenwell - the house was robbed on the 16th of January, in the night - the house was safe when I went to bed - I discovered that it was robbed at half-past six - I found the doors open when I came down in the morning - the thieves had got in through the coal-hole from the coach-house - the coach-house is not kept fastened at the back, it is inclosed in a yard - I missed the articles stated in the indictment, which are worth 60l. all together - the prisoner had been in master's service, and had left about three months at the time of the robbery; he was his groom - the persons had gone out at the doors which I found open; they had come through the garden and gone back the same way - I found footsteps in the garden - next day I saw some shoes compared with the footsteps, and they corresponded with some of them - there were footsteps of more than one person - the shoes of one person which were compared fitted some of them.
EDMUND DAVIS . I am a policeman; I apprehended the prisoner on the 17th of January, at six o'clock in the evening - I told him what I took him for at the station-house - I told him I wanted him for a robbery at Mr. Bateman's, which he denied, and said he knew nothing at all about it - I took him to the office next morning - Mr. Bateman was there; I then heard the prisoner say something - no promise or threat was used to him; he said he would tell the gentleman all about it, if he was allowed to do so - he said he had been in company with two men named Wood and Grey; and Wood, Grey, and himself went to the house of Bateman, that they put the prisoner half-way down the coal-hole; he could get no further, and Grey pulled him back again - he said they then got through the coal-hole, I believe it was one of the others, he said, got through - he said they took the plate, and took it up to Chapel's house, opposite our station-house, that morning, and at ten o'clock they went and sold it, and he received 2l. out of the money - that they got 26l. for it - the other two we have not succeeded in taking - I did not look at his shoes particularly, but his overalls, gaiters, breeches, and coat were all over coal-dirt, such as they would have been if he had gone down a coal-hole - I did not take his shoes off - I found 5s. 10d. on him.
THOMAS HOBBS KING . I am a policeman - I assisted in apprehending the prisoner; I took off his shoes, which were all over mud and dirt; I took them to the garden and fitted them to the impression of about twenty foot marks, and they fitted - I have not a doubt they were made with those shoes; they are nailed in a very curious manner.
Prisoner's Defence (written). - "I am the victim of others who are at present at large, and who, I am sorry to confess, has brought me to this awful situation - their names are William Grey and Joseph Wood - Mr. Bateman, my late employer, having no further occasion for my services, discharged me in November last - I then went to a relation of mine, residing at Islington, and remained with them until 31st of December, 1833 - on that day I met Presday, whom I knew as living in the neighbourhood of my master - he introduced me to a young man, named Thomas Turner , who said he would board and lodge me, if I would assist him in his work, which was that of a flageolet maker - I had not been with him, long, before he began making inquiries respecting the situation of my master's house, whether he kept much plate, where it was kept - which, after much pressing on his part, I gave him every particular - he proposed for me to show him the house, hinting, that it would be easy to break open - I was unwilling to accede to his wicked suggestions, but he prevailed upon me to have something to drink, which overcame me - at about twelve o'clock at night, two young men came to us; we all had more drink - they then offered me 2l. to show them the house, which I agreed to - we climbed over the garden wall - I remained in the garden while they was in the house - after the robbery, I went part of the way home with them - next morning, I saw them; they told me the plate fetched only 10l. - Grey and Wood I had never seen before - I wish you to take into your wise and serious consideration, my being the dupe of the villains I have named, and who, I trust, will ere long be taken into custody - I have no parents, and being comparatively speaking in a state of destitution, was tempted to join in so disgraceful a transaction against so good a master who, I trust, will, after this statement of real facts are made acquainted to him, recommend to mercy - I feel, most
GUILTY . Aged 18. - Transported for Life .
Before Mr. Justice Park.
HENRY LIGHTFOOT . I am a mariner - my father, Henry Lightfoot , is master of a yawl - this happened on Saturday, the 25th of January, between two and five o'clock - the yawl was fastened to a barge, which was moored to a schooner - the yawl was in the outermost part of the tier - I put my father a-shore; and, when I came back, my cousin said something, and I went to the barge, which was fastened alongside the schooner - and then the mate of the vessel was swearing - I saw the prisoner go to the deceased, and ask him for a pot of hot - the deceased said, he would serve him, and went to pour him some beer out of a cask - he poured him some out, and then fell over it, and spilt it - he was tipsy - while he was pouring it out, the prisoner had left and come back, and asked if he had got it ready - he said he did not know he had ordered anything - the prisoner then said he would have some gin, which he poured out, and the prisoner drank - the deceased asked for the money - the prisoner said he had had nothing, and would not pay him - then the prisoner began to tease the deceased, and knock him on the head, and wanted him to fight - he knocked the deceased's hat off, and pulled his own cap off - the deceased said he would not fight with him, - the prisoner got into the deceased's boat, and got hold of a bottle to take the spirits out which were in it - the deceased took the bottle from him, and told him he had no business to come into his boat, and take his property - then he took the deceased's bell out of the boat, and gave it to another man on the deck; and the man who took it from him, put it into the galley - I saw they had been using him shamefully, and spoke to the watermen about it, and went to fetch my father - when I came back again, the deceased was on the schooner's deck - he got hold of the string which was round a bottle which the deceased had under his arm - he kept turning the bottle out, and pouring the spirits out of it into a glass, which the deceased had in his hand - and the deceased told him he was using him shamefully; the prisoner began to tease him, and took up a tarpawling, and struck him on the face, and knocked him down - the deceased said, "Who is going to take my part?" and the men on the deck laughed at him - the prisoner came to him, and told him he did not mean to hurt him; he only did it as a joke - the deceased got up again, and the prisoner got hold of the bottle again, and got some more spirits out of it - they were scuffling for the bottle, which was thrown down and broken; and the prisoner said he deserved to be kicked for letting all that good spirits be spoiled - the deceased wanted to get into his boat, but the prisoner kept pulling him back from going out of the schooner - the prisoner went away afterwards, to do something on the desk, and the deceased got into his boat - the prisoner followed with a pot in his hand, and told the deceased he would be damned if he should go until he had got his pot filled - the deceased ordered him out of his boat - he went to try to shove it away; and, while he was gone, the prisoner got hold of a bottle, and poured out what was in it - the deceased then pushed the prisoner by the side of the schooner - the prisoner got into a passion - two men got into a boat and said, "Come, do not go quarrelling" - I saw the prisoner was using the deceased as he ought not to do - my father called me away - and, as I went, I saw the deceased fall into the water - I do not know how he came in the water - he was drunk - the prisoner shoved the boat with his foot; and the deceased went to stop it from going, and fell in, and he missed his grasp - he wanted to lay hold of the barge, to stop it, but missed his hold and fell overboard.
- PATTERSON. I was present at part of the transaction - I saw the deceased go over the boat side - I was down in the cabin, and when I came up there were two men in the boat, the prisoner and another man - the witness was advising the prisoner to go out of the boat, and he was on his hands and knees on the barge - another man took his foot and shoved away the boat, and the deceased tried to get hold of the barge - he overreached himself and fell over.
NOT GUILTY .
First London Jury, before Mr. Recorder.
GEORGE BATTON . I am a confectioner, and live at No. 187, Fleet-street - on the night of the 6th of January, about twenty minutes before six o'clock, I saw the prisoner from my kitchen window, at the Law Life Insurance, drawing a piece of rope off a crane - there was a gas-light, which had just been put up - I saw him use a knife, and cut it off - I said, "What do you do there?" - he looked at me, and I gave the alarm - he was caught in about ten minutes on the premises, and said he was very glad of it, for he wanted to be transported - the rope was left on the spot, where I saw him cut it; he went to another part of the premises.
WILLIAM CATTRISS (policeman). I took the prisoner into custody - I have the rope which I found in a bag under the very place it was cut from - I went into the premises and found the prisoner concealed there - I brought him out - I found a knife in his pocket.
GUILTY . Aged 43. - Confined Three Months .
AUGUSTINE GAVILLER. I live at Lower Clapton - on the 20th of January I was in Smithfield , about eleven o'clock in the morning, and felt a sudden pull at my coat pocket behind - I instantly turned round, and perceived my handkerchief in the hands of the prisoner - he was thrusting it into his breast - I put my hand in my pocket, and missed it at the same time - I instantly collared him,
Prisoner. I was looking for my father - I saw the gentleman's handkerchief on the road, took it up, walked towards the gentleman, and said, "Sir, is this your handkerchief?" - he collared me immediately.
Witness. He did not say a word of the kind - I know it was in my pocket five minutes before - there was another one with him, I believe, but I cannot be certain he was in his company.
GUILTY .* Aged 18. - Transported for Seven Years .
401. WILLIAM MUGFORD , JOSEPH KEY , and JOSIAH GODFREY were indicted for stealing, on the 27th of January , 1 sack, value 1s.; 4 bags, value 1s.; 1 peck of beans, value 2s.; 2 pecks of peas, value 5s.; and 1 gallon of hemp seed, value 1s.; the goods of George Child , the master of the said William Mugford and Joseph Key .
GEORGE CHILD. The prisoners, William Mugford and Joseph Key were in my service as warehousemen - I live at No. 119, Lower Thames-street - I do not know Godfrey at all - on Monday, the 27th of January, I was called down from my warehouse by two officers - I was in the warehouse with Mugford and Key at the time - the men gave me information, not in their presence, and I took two officers up into the warehouse - they charged the prisoners with being concerned in robbing us, with a man whom they had got in custody over the water - the officers asked the prisoners whether they were not, at a certain time in the morning, cleaning the windows, one inside and one out- they said they were cleaning the window - the officers said, "You are the two men we are come after," - and took them both into custody - they began to search them, and found one key. on Mugford, who said it was the key of his desk in the warehouse - they opened the desk, and searched him, and found a bag of plums - I am a seedsman - they found some other things of no importance - Mugford and Key denied the charge.
Cross-examined by MR. ARNOLD. Q. How long has Key been in your service? A. About six years - I had a very high opinion of him.
RICHARD BAYLIS . I am a constable of the metropolitan police (G 5) - I received information, and watched Godfrey from Peacock-street, Newington-butts, into the shop of Mr. Child, in Thames-street - he entered the shop, and went to the farther end, and stood behind a recess at the further and of the shop - Mugford put a small bag full of something into Godfrey's basket - Mugford then came to the door, and looked up and down the street - Key then went to Godfrey, and put something out of another bag into his basket - Key then left the shop, and went up Pudding-lane - he returned in about five minutes; then Mugford and Key both went to Godfrey, at the further end of the shop, and remained with him three or four minutes - Godfrey then left the shop, and went up Botolph-lane, into an orange shop - he then left it, and went over London-bridge, into a coffee-shop, near the Borough-market - he came out in a minute, and then went to the Black Horse, High-street, Borough - I passed by the door, and saw him put a bag into his basket - I called my brother officer, and took him into custody - I found in his basket about a gallon of hemp seed - I asked him where he got it from - he said he bought it in Tooley-street that morning - I asked him if he knew anything about any more hemp seed or sacks - he said no, he had seen no more that morning - I asked him what he gave for the hemp seed - he said 2s. - I said I was positive he had never been in Tooley-street that morning - he made no answer - I asked where he lived - he said at Chatham - I said I had watched him from his home that morning - I took him to the station-house; went to his premises, and found two sacks, marked "Child," and a quantity of seeds; this was the lodging I had seen him come from - we had seen the policeman on the beat call him up that morning - he was never in the room with me - when I told him I knew where he lived, he said his wife lived at Chatham, but he lodged in the parlour at No. 20, Peacock-street - that was the room we found the property in - it was nearly six o'clock in the morning that he started from that lodging - he had some oranges at the top of his basket, and nuts at the bottom.
Godfrey. Q. Did you not meet me at the door of the public-house, as I came with my basket? A. No; I asked whether he had any more seed.
Godfrey. I told him I had it from Thames-street, instead of Tooley-street.
Cross-examined by MR. DOANE. Q. Did you know Mugford before? A. I never saw him, to my knowledge; I followed Godfrey to the house, sometimes on one side of the way, and sometimes on the other - when I saw him go into Child's house, I stationed myself on the opposite side of the way, looking over a horse's back - the horse was between me and Child, but not the cart - it was about seven o'clock in the morning - it was a very dark wet morning - I saw Godfrey go into a recess at the further end of the shop - it is a long shop, and I saw Mugford put something into his basket - I am positive it was him - I swear he is the man who put the bag into the basket, because he came to the shop-door and looked into the street.
Q. How can you swear to the particular acts of any one man? A. By their heights and dress, and everything; I could see their dresses, because there were two candles and a lamp burning in the shop.
Cross-examined by MR. ARNOLD. Q. Had you ever seen Key before? A. Never - he was nearer the door than the recess - I was on the pavement on the other side of the street.
JAMES TILT . I am an officer belonging to Worship-street - I was with Baylis - I know the Black Horse public-house - I was with the witness before, and saw Godfrey go into Mr. Child's - he went along the shop into the recess on the left hand side - I could not see him when he stood there - Mugford and Key were both in the shop - Mugford went to him in the recess and put something into his basket; Key afterwards went and put some seeds into a bag and into a basket which Godfrey had with him; he had two baskets; he was there a short time, then came out, went to
RICHARD BAYLIS re-examined. I produce the hemp seed which I took from Godfrey; I cannot identify the other parcels as having been carried by him; he had two baskets on his shoulder, but I saw him take something out of the basket and put it into a bag in the public-house; I looked through the door and saw it; he put them into this bag, I have no doubt - but I lost sight of the bag; it was found on the spot where I saw him shifting them.
JAMES TILT re-examined. I found no bag in the public-house but this; it was placed on a large gin cask at the bar; I took them from the spot pointed out by a witness.
Cross-examined by MR. ARNOLD. Q. Where were you standing at the shop? A. On the opposite side of the way with Baylis - Godfrey did not go into the shop like a customer; he went straight into the recess at once; Mugford first spoke to Godfrey; it was after that that Key put up the seeds.
MR. CHILD re-examined. Mugford was my head warehouseman, and Key a man under him.
COURT. Q. Was there anything irregular in Mugford selling and the other assisting at this time in the morning, if it had been a regular transaction? A. Nothing; he was subject to lose his place if he did not attend to Mugford's directions; he was bound to obey Mugford's orders - the prisoners were both asked before the officers if they had had anybody on the premises, or taken any moeny, or had any customer that morning - they both distinctly said they had not had a soul on the premises, both of them - I deal in split peas - but I can only identify these from the officer seeing them taken off my premises - I am a seedsman - I should say these are very like a sample which I have, but it is impossible to swear to them - we had articles of the same quality and appearance - I have no hesitation in swearing they are my property - they correspond with my articles - I cannot say whether I lost any bag, I have such a quantity - I have hemp seed on my premises.
Cross-examined by MR. DOANE. Q. Have you any partner? A. No - every seedsman has seeds of this description - Key was a man in my warehouse - we do not consider the porters had authority to sell - the prisoners are in charge of the premises until the man that has more control over the premises comes at eight o'clock - Key might have sold if Mugford had been absent.
EUGENE VANN . Early in December Godfrey met me in the Kent-road, where I was delivering a load of coke - he came up and asked me to buy a sack for 1s. 9d. - I followed them on the morning they were apprehended, and walked with Godfrey, and carried his baskets for him, which were both empty, one being tied round the handle with a red comforter - I went with him to a public-house at Stonesend, where he had something to drink - I came on to London-bridge, and left him there; I turned round, and saw Tilt and Baylis - we then watched them over the water to Child's - the baskets were empty then, and he had no bag - he went into Child's, into a recess - I saw Mugford take something from a bag, and deliver to Godfrey - Mugford came and walked to and fro about the shop - Key then went to Mugford - I cannot recollect what he did - Key then came out and walked up a lane - Mugford was at the same time with Godfrey - when Key returned, he went and fetched a pair of steps, outside, and cleaned the window outside; Mugford doing the same inside - Key went in to Godfrey, and Mugford went to him at the same time - Mugford pulled a bag or something out of his pocket, took something out of it, and gave it to Godfrey - and when he came out, he had a load in the baskets, which were previously empty, and I lost sight of him then.
Cross-examined by MR. ARNOLD. Q. Where do you live? A. In Peacock-street, Newington - I have lived there four months - I have been a green-grocer during that time - before that I was a journeyman coachmaker for nine years - and before that I was a schoolboy - I was apprentice seven years, and two years a journeyman - I am the son of a police-officer - I never assisted my father as a police-officer - I might have gone with him on a warrant - I cannot say I have not - in fact, I recollect going with him; I cannot tell how often - I was never a witness in my life with my father - I was never here in my life, nor in any criminal court - I was a witness once at Worship-street against one Gayton - I had not assisted my father as an officer in that case - I was an apprentice, and the man tempted me to rob my master - I gave information to my father, and he was taken - I did not rob my master - I resisted the temptation, and gave information to my father, and the man was taken and sent to gaol - he was not an intimate friend of mine - I knew nothing of him before.
COURT. Q. What became of Gayton? A. He was bound over to keep the peace, and find good bail; and he had nineteen weeks in gaol before he was liberated - since that he has been tried here - I continued in my master's service five years after that, as an apprentice.
EDWARD PREBBLE . On the morning, Godfrey was taken into custody, he came into my master's house at the Black Horse, Borough - he had two baskets with him - he took a bag out of the basket, and put it on the top of the liquor-cask outside the bar - it was such a bag as this - the officer came in afterwards, and took the same bag as Godfrey had brought in.
Mugford's Defence. I am very sorry I have done what I have.
Key's Defence. I am an under-servant, and was obliged to do as I was ordered to do, and put up the things - I know nothing more.
Godfrey's Defence. I bought the things, my Lord.
(Samuel Thompson, Chelsea; William Stenson , Tailor, Strand; - Harris, King's-head-court, Paddington-lane, gave prisoner Mugford a good character; and Thomas Coleman, assistant to Mr. Child; Samuel Duffin , gentleman, Tottenham; John How , plasterer and builder, 21, Haydon-square, Minories; and William Edward Wrench , seedsman, Union-street, London-bridge, gave the prisoner Key a good character; and John Finn , bricklayer and
MUGFORD - GUILTY. Aged 37.
Confined for One Year .
Mugford recommended to mercy by the prosecutor, believing him to be seduced to commit the offence by Key and others .
KEY - GUILTY . Aged 34.
Transported for Seven Years .
GODREY - NOT GUILTY .
JOSEPH TUBBS . I live at No. 65, Bread-street, and am clerk to Holroyd and Grant - on the night of the 26th of January I was in Cheapside about half-past eight o'clock, walking along - I felt my handkerchief drawn out of my pocket - I turned round and saw the prisoner running across Cheapside, and down Wood-street - I followed and ran after him, calling "Stop thief" - an officer stopped him in my presence - I told him to take his hat off; but I did not myself see my handkerchief there.
Cross-examined by MR. BODKIN. Q. Were there not a great many people about close to you? A. There was a great many walking along - I got knocked against by almost every body walking in the street.
COURT. Q. Did you not say you felt somebody drawing at your pocket? Yes, I felt something like it; and I saw three or four persons immediately behind me directly I looked round - that was before I saw the prisoner - the only thing that induced me to follow the prisoner was seeing him going across, and his looking rather shabbily dressed - I do not recollect taking my handkerchief out during the time I was out, which was about half an hour - I was returning from chapel - I did not distinctly feel it taken; but sufficiently to cause me to feel something, which appeared as if my handkerchief was drawn out - I had nothing else in my pocket - I felt a sort of pressure, and afterwards a kind of drawing - it was the feeling of a moment; just as I should have felt if a person might have touched that part of my pocket - I had not used it for half an hour; but I had felt it in my pocket while I was out - the pocket was behind my coat in the plait - it had no flap to it - it was an outside pocket, not very shallow - it would carry more than a handkerchief.
JOHN FARMER . I am a patrole of Farringdon Within - I was in Wood-street on the 26th of January, and heard a cry of "Stop thief" - I saw the prisoner running down Wood-street, from Cheapside - I was going to stop him, when I saw him take his hat off, and throw the handkerchief away - I am sure of that - I took it up, and he was stopped by an officer in my sight - I never lost sight of him.
Cross-examined. Q. Where were you? A. I was going down Wood-street, from Cheapside, the same way as the prisoner was running - he was five or six yards behind me when I heard the cry - I was not dressed as an officer - I saw nobody else running - there might be a great many people in the stret - I dare say there might be ten persons near - I did not take notice - I saw none of them in the carriage-road - it was rather dark, but a very fine night - the lamps were lighted - I swear I saw him take the handkerchief out of his hat and throw it away - he was stopped in less than two minutes afterwards - I think it was with his left hand that he took his hat off, as he threw the handkerchief as if from the right hand - I do not know whether he saw me, as I was on the opposite side of the way - he did not notice me particularly - I took the handkerchief up in the road, just at the side of the curb - I followed him, and he was taken by another officer.
Q. How do you know the same person you saw in custody was the person that threw away the handkerchief? A. He had exactly the same dress on, and I saw his face sideways as he ran - he had a particular dress on, a blue frockcoat, the same as butchers wear.
ROBERT WINCOTT . I am an officer - I took the prisoner into custody - I did not see him stopped - the hat was brought to the watch-house where I was - I have the handkerchief - I received it from Botfield, the night-inspector, to take care of untill the trial - he is not here.
JOHN FARMER re-examined. I gave the handkerchief to Botfield, who gave it to Wincott - I cannot swear to the handkerchief; there is no mark on it - I walked by Botfield's side all the way - I thought he was going to take it to the Compter - he asked me for the handkerchief, as he had the prisoner in his custody.
NOT GUILTY .
NEW COURT. Saturday, February 25, 1834.
Fourth Middlesex Jury, before Mr. Serjeant Arabin.
GUILTY . Aged 20. - Confined One Month .
MR. DOANE conducted the Prosecution.
JOHN BUTLER . I am a gentleman - I have a number of houses in St. John-street, Bethnal-green - I was pulling down some - on the morning of the 16th of January I went there, and missed about 5l.'s worth of old wood - I went to Cooper's house the same afternoon, and saw eight pieces of wood which I could swear to.
JOHN COOPER . I live in James-street, Bethnal-green, and deal in old building materials - on the 16th of January the three prisoners came to me about nine o'clock in the morning - they asked me to buy some wood - James Clark said it was on a piece of ground opposite my house - I had seen him and Dorrington carrying some wood, and they turned toward that place - I looked at the wood; there were eight pieces - I agreed to give 7s. for it, but did not pay them then - they went away, and came again in the afternoon; but I had then been taken, and the prisoners were brought to the station-house.
James Clarke made the bargain - it was bad old wood - it would hardly burn - there might be 7 cwt. of it.
WILLIAM SABOURIN . I am a rent collector, and live in Thomas-street, Brick-lane - on the 16th of January, I saw George Clarke , about half-past seven o'clock in the morning, turning into Edward-street, going in a direction towards Cooper's, with a piece of wood on his shoulder - I have seen that piece of wood twice since.
JOHN WORSFOLD . I live in Edward-court, Bethnalgreen - on the morning of the 16th of January, I was in Edward-street - I saw Dorrington about seven o'clock with a piece of timber on his shoulder, which was broken at one end - this is it - he was going towards Cooper's - I afterwards saw George Clarke with a piece of wood, but I could not swear to that.
Cross-examined. Q. Did you speak to Dorrington? A. No - I had seen him before.
JARVIS GIBSON . On the 15th of January, I was working at the house, No. 36, St. John-street - the two Clarkes lived there, and were removing from the premises; and Dorrington was assisting them - I went to work there the next morning, and found three pieces of timber in the backroom, which had not been there the night before - the three prisoners came in about an hour, and carried them away - these are the pieces - they came back again, and abused me - Dorrington said, "You have seen Mr. Butler, and nosed all you know" - James Clarke used the same sort of language, and pulled off his coat to fight me.
Cross-examined. Q. How long is it since you was in gaol yourself? It is five years ago - it was for spending half-a-crown of my master's.
TIMOTHY DONOVAN . I was working at the house - I saw the prisoners moving on the 15th of January, and the next morning I found three pieces of wood in the backroom - I saw the prisoners carry them away.
Cross-examined. Do not you know that Dorrington was helping Clarke to move? Yes.
SAMUEL GREEN (Police-constable H 61). I took James Clark , on the evening of the 16th of January - he said he knew nothing about any wood - I took the prisoner George Clarke afterwards - he said he knew nothing of it.
Cross-examined. Q. Had you noticed it? A. Yes; the night before - some of it is window sills, and some garden - I could swear to them if they were a hundred miles off - seven hundred-weight of this would be worth 12s. or 14s.
Transported for Seven Years .
Confined Three Months .
405. GEORGE SMITH was indicted for stealing, on the 9th of January , 6 shirts, value 2l.; 1 coral necklace, value 15s.; 2 rings, value 2l. 10s.; 1 umbrella, value 5s.; 1 brooch, value 1l.; 1 pair of carrings value 10s.; 2 coats, value 1l.; 1 cornelian heart, value 5s.; 11 yards of linen, value 5s.; 1 velvet bag, value 2s.; 1 pair of bracelets, value 5s.; and 1 tippet, value 8d. ; the goods of George Jacques .
JAMES KENNERLEY (police-constable C 30). On the 18th of January, in the evening, I saw the two prisoners in Soho - I watched them for some time - there was another with them - they went to a bookseller's shop, and then to Mr. Rourke's - he is a tailor , and lives in Great Chapel-street - the two prisoners remained outside; and the one who is not in custody went into the door, and took out a coat - they then ran off - I pursued, and took the prisoner Watts in Frith-street, with the coat - I took it to the shop, and it was owned - on the Monday afterwards, I took Wyatt - he denied all knowledge of the robbery, but said he had been at the Plough public-house at the time.
(Watts put in a written Defence, stating, that a man had met him in Frith-street, and given him the coat in a bundle to hold, while he went into a house in the street.)
WATTS - GUILTY . Aged 20.
WYATT - GUILTY . Aged 22.
Transported for Seven Years .
EDWARD HANDS . I work for Mr. Joseph Robinson , a broker , who lives in Goswell-street - I was informed that a chair had been taken away - I pursued, and overtook the prisoner, in company with another person - I ran for an officer - and, when I came back, the prisoner and his companion parted - the prisoner went down Jerusalem-passage into a broker's shop with this chair - I secured him.
GUILTY . Aged 20. - Confined Three Months .
SIMON FRASER (police-constable, F 137). On the 3rd of January, about six o'clock in the evening, I fell in with the prisoner, in North-place, Gray's-inn-road - he was carrying this floor-cloth, and I took him on suspicion.
GEORGE CARVER . I saw the prisoner in company with a female opposite the prosecutor's shop in Seymour-street - they went to the shop and looked in - I then saw the prisoner pass the shop two or three times - he then stooped down, and took the floor-cloth - I went to the shop to give information - the prisoner got off, and we took different roads - I saw the prisoner in Skinner-street, and pursued him to Gray's-inn-road, where he was taken.
Prisoner. Q. Did you see me take it from the shop? A. Yes; but I did not at first know what it was - you had it in a handkerchief when you were taken, but I will swear to your person.
Prisoner's Defence. I was waiting for my father - a lady and gentleman asked me to carry the floor-cloth into Holborn, and they would satisfy me for my trouble.
GUILTY . Aged 21. - Confined Three Months .
SAMUEL THOMAS CLARK . I became acquainted with the prisoner twelve months ago - I had a watch at my parent's, where I lodge, in Butler's-alley, St. James's, Westminster - the prisoner worked there, at shoe-making , and slept in the same bed with me - on the 3rd of January, the prisoner asked me to let him look at my watch - I did so, and then locked it up in my box - when I got up the next morning, I went down to breakfast, and left the prisoner in bed - he came down, took a hasty breakfast, and then went up, took his hat, and went away in haste - I had some suspicion - I looked, and missed my watch, seal, and key - the box had been opened with the key of it, which the prisoner had taken either out of my pocket or from a shelf.
WILLIAM MACKENZIE (police-constable, C 182). I went after the prisoner to Rye, in Sussex - he was there, but I could not see him - I received information, and went to Ashford, where I found him - I called him by his name, and he answered me - I said I was an officer, come from London to take him - he said he expected it - he said the watch was pawned in Brewer-street - I said I knew that - I had had the duplicate from his brother.
Prisoner. Q. Did you not ask me to tell you everything, and say if I would substantiate the evidence against my brother, you would let me go free? A. Certainly not; I did not say that if you could get 30s. or 40s., the money would be of as much use in my pocket as in a counsellor's; nor that I would spoil the case if you could make up some money.
(The prisoner put in a written defence, stating that this prosecution was instituted against him, to prevent his being a witness against the prosecutor, who was charged with felony.)
GUILTY . Aged 19. - Confined Six Months .
MARY ANN HACKETT . I am the daughter of Charles Hackett - he is mate of a ship - on the 14th of January, I heard the noise of footsteps in our house, in Weston-passage, Commercial-road - I went up to the first-floor room, and found one line of clothes had been taken - I missed five shifts, one shirt, one apron, and two chairs - they had all been safe a quarter of an hour before - the linen is quite lost, but I saw the chairs at Whitechapel watch-house - these are the chairs - the house had been entered at the window.
ANN GOSS . I live in Plumber's-row, Commercial-road - last Wednesday three weeks my sister, Caroline Hill, came to me and asked me to buy three chairs - I said I did not want them, but she said she had some lodgers come in who had no victuals - I went to her house, and bought these charis of the prisoner there for 8s. 6d., and she took them to my house - the officer came to my house, and I told him where I had got them.
CAROLINE HILL . The prisoner took my room on the 13th of January, the day before the robbery - she brought a man, named Pearson, as her husband - she said she had been unfortunate, but now he kept her from the streets - I let the room at 6s. a week - they remained that evening, and on the next evening Pearson went out and brought in Sullivan - they then went out again between seven and eight o'clock - Sullivan then came in with three chairs and a bundle of wet clothes - he called out "Bet, open the door!" the prisoner opened it, and took the things in and Sullivan went out again - the prisoner remained, and dried the linen - I then went out for a candle, and met Sullivan in the court with four more chairs - he knocked at the door, the prisoner opened it, and she said to me, "Look here, this is all we have remaining of our goods!" - I told her I did not think it was all right to bring in things when they had been there but one evening, and my room was furnished - the next morning she told me she had no money nor victuals, and I said I would lend her 1s., which I did by pawning a shawl for 2s. 6d. - I went to my sister, she came down and offered to give them 4s. for the chairs, then 4s. 6d., and then she said, "I will give you 5s.," and Bennett took them to her house.
Prisoner's Defence. I am an unfortunate girl - I picked up this man in the street - he asked me to live with him - he brought these chairs home, and asked if I knew any one who would buy them.
GUILTY . Aged 18. - Transported for Fourteen Years .
There were two other indictments against the prisoner.
2nd COUNT, stating them to be the goods of W. Hale only.
Daniel Godfrey Bishop .
MR. CLARKSON conducted the Prosecution.
JOHN GREEN (police-constable, N 214.) On the 31st of December I was on duty in Hackney-road - about half-past nine o'clock in the evening I saw the prisoner in Union-street, with this Bible in a coarse apron - I followed him about fifty yards, and asked him where he was going with it - he said, to his father in Kingsland-road, and he had brought it from his sister, next door to the Ranters' chapel- I took him to the station, and found the last leaf of the index loose on his person - he was taken before the magistrate the next day - I had not then found the owner of the book, and he was discharged - this is the Bible.
JOHN GLIBBERY (police-serjeant, N 21.) I was present when the prisoner was discharged - I received information, and took him again on the 20th of January - Homerton College is two miles from Hackney-road.
ANDREW CARR WRIGHT . I am one of the students at Homerton College - Mr. William Hale is the treasurer, and one of the trustees - I know this is our Bible, as in the 14th of John there is an error, which I altered one night; and here is a leaf in the Pentateuch which has been misplaced by the binder - this Bible had been in the pulpit in the hall - it was missed one evening in December - it is worth 1l. - Mr. Daniel Godfrey Bishop is our classical tutor , and has the charge of the whole establishment.
"The prisoner says the Bible fell from a coach - I picked it up and ran after the coach, but could not overtake it, so I kept it - I told the officer different, because I was so frightened, never having been taken before."
GUILTY . Aged 17. - Transported for Seven Years .
MR. BODKIN conducted the Prosecution.
CHARLES EDWARDS . I am in the service of John Irving , Esq . - he has a manor-farm, near Ashford - he had five pigs there on the 16th of January - I saw them safe at half-past five o'clock - they were fat - I knew them well, one was black, one spotted, and the other three were dark - the black one had two white legs - I had to sit up that night to watch a corpse in the church-yard - a waggon started that night about twelve o'clock from the farm to go to town - it passed me in the church-yard, and soon afterwards a onehorse cart passed with two men going from London - I hid myself behind the yew-tree in the church-yard, that they should not see me - it was very star-light - I took notice of the men who were in the cart, one was short and the other was taller - they went towards the farm - I followed them, but could not hear the cart then - I went back and waited till three o'clock in the morning - I then left the church-yard, and went in the direction the cart had gone - no other cart had passed in that time - when I had got about eighty yards I met a one-horse cart, and a man by the side of the horse's head - I knew it was the same horse and cart which had passed me before - I went up to the man, tapped him on the shoulder, and said, "My friend, whose cart is this?"- I asked him three times, but he gave me no reply - I then saw my master's pigs behind the cart, and another man with them - I asked the man with the cart whose pigs he had got - then he called out "Halloo!" and the other man drew a short bludgeon from the side of his coat, and cut me on the side of my head - neither of them said anything to me before I was struck - they then both fell upon me, and beat me very much on the head and chest - a man named Leonard was with me, and I told him to go for assistance - I struggled with the men, and knocked one of them down, after they had knocked me down - they then said, "You have beat us to-night," and they ran off, leaving the horse and cart and pigs behind them - I afterwards went before the Justice at Staines, and there were three men there - he told me to look round and see if I knew either of the men - I saw the prisoner was one, and I pointed him out - I am quite sure he is one of the men who were with the cart - I was struggling with them for ten minutes - I took the horse and cart to the King's Head, at Ashford, and it was given to the officer.
Cross-examined by MR. PHILLIPS. Q. Had you a stick? A. Yes; and I used it as well as I could - I knocked a man down two or three times - I did not tell the magistrate I knew the man by a hurt I gave him in the lip in the scuffle- I told him I might do that; by putting the stick in his face I might push the skin off - I did not say that was the sign I knew him by - I gave as a reason, that I pushed the stick in his face - I likewise know him by his face and his coat.
Q. Did you tell the magistrate that you knew him by his features? A. I told him I knew him perfectly well - I knew him by his dress - I told him that was the coat he had on that very night - he had not a jacket on, but a coat, either blue or dark, and he had a hat - I do not know what handkerchief he had - Mr. Irving has given me one of the pigs as a present - it is worth four guineas - I never had a present of a pig before.
MR. BODKIN. Q. How long were you laid up in consequence of the injury you received? A. Eight days - I am sure the prisoner is one of the men.
WILLIAM LATHAM . I am constable of Ashford - I was called at three or four o'clock that morning - I heard the cry of "Murder" - I ran to the spot - I saw a hat there, and five pigs in the ditch - I did not see the horse and cart there - I drove the pigs to the King's Head, where I found the witness all over blood - the horse and cart were there - I put them into a yard till daylight - there was no name on the cart - I then got in the cart and let the horse go where he liked - he came on from there to Hammersmith, stopped at the toll-bar till the man opened the gate, and then he went on again to a house in Fulham-fields, where he stopped - I did not go in, but I described that house to Trumper.
Cross-examined. Q. Did you go with Trumper? A. No; I might have gone in.
COURT. Q. What description did you give of the house? A. I said it was in Fulham-fields, and was rather by itself - it seemed to me to be a square house let in different tenements - it appeared to comprise four separate houses - there were several doors to it - I went round two sides of it - there were other houses within about fifty yards of it.
MR. BODKIN. Q. Which side of the way were the cot
- TRUMPER. I am constable of Fulham - I know the prisoner, he keeps a house in what is called Star-lane, Fulham-fields - there are some small cottages on the left hand.
Cross-examined. Q. Are there a number of cottages there? A. Yes; I should think ten or twelve - I am serving in my own right.
FRANCIS JOHN RICHES (police-constable S 54). I took the prisoner in Chelsea; I met him first by Queen's Elms; I had had him in custody before, and did not want to appear to know him, but he accosted me and said, "How are you?" I took him aside, and told him there was a warrant against him; he struck me and made a desperate resistance, but I got assistance and secured him.
Cross-examined. Q. Had you been in a public-house? A. Yes; we had, and drank - we have no order not to go into public-houses on such occasions - I treated him with a pint of half-and-half before I told him of the warrant.
CHARLES GEORGE VINCENT . I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office (read) - I was a constable at that time - I took the prisoner, and know he is the man.
Prisoner's Defence. The man has sworn falsely to me as true as there is a God over me in heaven.
SARAH PHILLIPS . I live in Noman's-land, Fulham-fields - my husband is a carpenter - I have known the prisoner twelve months - on the 16th of January I went to his house to play at cards - he was there - I did not leave till a quarter before one o'clock in the morning.
MR. BODKIN. Q. What is the prisoner? A. A carpenter - he never had a horse and cart to my knowledge, nor my husband either - I take in washing, the same as the prisoner's wife - I go to his house perhaps three or four times in a week to play at cards - I did not go to tea - I went about ten o'clock - I supped with him and his wife - we had some cold beef and some porter - we played at cards after supper - Joseph Cleaver, who is here, came to my house, he went to the prisoner's with me, and we all played at cards - I am sure it was on the night of the 16th I went, and on the morning of the 17th I came away - I heard no more till yesterday, when the prisoner's wife asked me to come here - there are four houses and a cottage close together - I have one of them, and pay rent and taxes - there are two yards there which a horse and cart could go down.
MR. PHILLIPS. Q. Are there yards belonging to other houses? A. Yes, there are some cottages about fifty yards off - I never saw the prisoner with a horse and cart.
COURT. Q. Do you know the cart without a name on it? A. No, Sir - I had been washing about two hours that day - I left off about four o'clock in the afternoon - we played at All-fours - I did not win any money.
GUILTY . Aged 35. - Transported for Life .
411. THOMAS BEERSON was indicted for stealing, on the 14th January , 1 carpet, value 10s.; 1 hearth-rug, value 3s.; 2 pieces of green baize, value 4s.; and 3 chairs, value 6s. , the goods of Abraham Ellis .
WILLIAM DICKINSON. I am a police-constable - on the 14th of January, about half-past seven o'clock in the evening I saw the prisoner carrying this bundle in St. George's - I asked where he got it - he said, "From Dock-street, below the turnpike" - I said there was no Dock-street below the turnpike - he said he was going to take it to No. 34, Goulston-street; but he could not tell the name of the person - I went there, but could not find such a number.
Cross-examined by MR. PHILLIPS. Q. Did he not mention a Jew's name to you? A. No - there may be forty houses in Goulston-street, but they are mostly warehouses - I cannot tell how long the street is - it may be fifty yards or more.
Cross-examined. Q. How do you know this carpet? A. I know it by the pattern - I have had it nine years.
ELIZABETH LEE . I live with the prosecutor - I know this carpet, hearth-rug, baize, and chairs, well - on the 14th of January I closed the shutters of that room at six o'clock- it was all safe then - I did not fasten the shutters - they were afterwards opened, and the window was opened.( Timothy Colville and Daniel Mahony gave the prisoner a good character.)
GUILTY . Aged 19. - Confined for Three Months .
THOMAS MACKENZIE. I am a weaver , and live in Hunt-street, Mile-end New-town - on the 31st of January, at near twelve o'clock at night, the prisoner accosted me in William-street, Shoreditch - I was sober - she asked me to accompany her home - I said, "No," I was going to my own home - she then laid hold of my arm, and we walked about thirty yards - I then felt something at my pocket - I put my hand and missed the whole of my money out of my trowsers pocket - I accused her of taking it - I then missed my watch, and I saw her putting my watch on the ground - I asked her to give it me back, but she refused - the officer came up, and I gave her in charge - I lost three-halfpence and one half-crown - this is my watch.
WILLIAM LOVETT (police-constable G 30). I was coming down William-street at the time - I saw the prosecutor and the prisoner - the prosecutor said, "I shall give you this woman in charge, as she has robbed me of my watch, half-a-crown, and three-halfpence, but the watch I have found again" - I found on the prisoner three-halfpence, a pipe, and some bread and cheese.
Prisoner's Defence. He gave me in charge for taking a half-crown and three-halfpence - he took the watch to the station-house himself, and said he found it on the ground, which he did not.
GUILTY . Aged 29. - Transported for Fourteen Years .
GEORGE THORNTON (police-constable E 91). On the evening in question I heard a cry of "Stop thief," and saw the prisoner running in an opposite direction - I followed, and caught him - he appeared much confused, and said,"What is the matter?" - Mr. Cruse came up and gave charge of him - the prisoner said, "Upon my word you are mistaken, it was not me" - I took him to the shop, and the prosecutor gave him in charge - he threw himself on the ground - cried, "Murder" and "O Lord" - he struck me in the face, and was so violent, that we were obliged to put him into a cab to get him to the station-house - whilst he was in the shop, he said he lived in Rathbone-place - he afterwards gave another direction - they were both false.
Prisoner's Defence. The gentleman struck me in the face, and said, if I did not hold my tongue, he would knock my head through the wainscot - he said then, he saw a hand go to the hat, and now he says, "A hand and arm."
GUILTY . Aged 14. - Transported for Seven Years .
MR. DEACON. These are the prisoner's handwriting - he did not enter these sums in his book - when I found he had received the 15s., he said he had had it, and he intended to account for it that evening - he afterwards said he had received the other - he has been with me since June last.
NOT GUILTY .
THOMAS WHITEHOUSE . I keep the Nag's Head, at Hammersmith - the prisoner came there for a night's lodging, on the 8th of January - I put him into a room where there were three beds - the articles stated were in that room - he paid for his lodging before he went to bed, and left about eight o'clock in the morning - the girl then missed these things, and I sent a man in pursuit of the prisoner.
Prisoner's Defence. I belong to the 43rd Regiment of Light Infantry, which is at Waterford, in Ireland - I have been ten years in the army - I had a good character in the regiment - Colonel Booth is the commanding officer.
GUILTY. Aged 26. - Recommended to mercy - Judgment Respited .
JOHN MURRAY (police-constable K 178). On the 11th of January I saw the prisoner running in Gravel-lane with this bacon - I asked where he got it - he said, "From a shop below" - I was going back with him, and he said it was d-d hard to take him back, for he had bought it of a man in the street - I believe he is in great distress.
Prisoner's Defence. I did not steal it - I have been in Don Pedro's service, and came to London to get my money- I have sold everything I had in the world.
GUILTY. Aged 60. - Recommended to mercy by the Jury - Confined Three Weeks .
GUILTY . Aged 28. - Confined Three Months .
HARRIET PARKER . I am the wife of Francis Parker - we live in Little Exmouth-street - these cans are my husband's - I sell milk - I left them on some railings in Grafton-street on the 12th of January - here are seven small cans in a large one.
JOHN READ (police-constable E 52). On the 12th of January I saw the prisoner carrying these cans - I asked where he was going - he made no reply; but afterwards said he received them from a person in Newman-street, and was going to sell them for him for 3s. - I took him to the station.( Mary Somerset gave the prisoner a good character.)
GUILTY. Aged 24. - Recommended to mercy by the prosecutor . - Confined for Six Weeks .
West-street, Smithfield - we went to a room up one pair of stairs - I was there about ten minutes - I paid the landlady 6d. for the room; but did not give the prisoner anything - my money was in my right hand trousers pocket - the prisoner came pretty close to me; but there was nothing said about what I was to give her - I felt my money safe when I paid the landlady for the room - I missed my money - I accused the prisoner of having robbed me - the landlord came up, and I said I had been robbed - he said, "Do you mean to give charge of her?" - I said "Yes;" and the policeman was sent for - he found some money on her.
REUBEN BEADLE (police-constable G 75). I took the prisoner - I asked the prosecutor what money he had lost- he said, "Six half-crowns and a shilling or two, and some halfpence" - the prisoner denied having it - I ordered a female to search her - she found these six half-crowns, one shilling and 4d. in halfpence, and six duplicates, on her.
Prisoner's Defence. I had pawned my shawl for 7s.; and I had money before that to make up for my landlord - I denied the money being the prosecutor's.
GUILTY . Aged 37. - Transported for Fourteen Years .
EDMUND DAVIS (police-constable E 86). On the 12th of January I was sent for to the Rev. Joseph Edwards - the servants said they had lost some silver spoons, and did not know who to suspect - the prisoner was then in the house - I suspected him, and he went away, and I followed him - I stopped him about sixty yards from the house, and asked where he was going - he said, "To the East India Dock" - I took him to the station - I found in one of his breeches pockets one silver spoon, and in the other pocket the other spoon.
MARY MALABAR . I am servant to the prosecutor - the prisoner's sister lived in the family; and he used to come to visit her - we had missed nine silver spoons - we sent for the officer - the prisoner was not in the house when we sent; but he came before the officer did - he went out again, and the officer went after him.
BENJAMIN THOROGOOD . I am footman to the Rev. Joseph Edwards - I had missed nine spoons before this - I was sent to Hatton Garden in the morning; and in the afternoon the officer came - these two spoons are my master's property - the prisoner is apprenticed to a boot and shoemaker .
Prisoner's Defence. I had had a little to drink; and this witness gave me some gin, and made me stupid - I do not know how the spoons came into my pocket.
GUILTY . Aged 21. - Transported for Seven Years .
SETH JOHNSON. I live at No. 145, Shoreditch - I was sitting in a room behind my shop getting my dinner, on the 29th of January, and looking towards the door - I saw the prisoner in the act of taking three pieces of silk handkerchief - I ran to the door, and a neighbour pursued the prisoner with me - I turned back, and my neighbour and the policeman brought the prisoner in - the handkerchiefs were found on him; four in his hat, and two in his breast - I described them to the officer before they were found - these are the handkerchiefs - I am sure they are mine.
JAMES WESTON EMBERICK . On the 29th of January, about five minutes past two o'clock, I was at my door, and saw the prisoner run from the prosecutor's - I ran after him, and did not lose sight of him till he ran into the policeman's arms - I saw the handkerchiefs found on him.
GUILTY . Aged 22. - Transported for Seven Years .
HENRY BRANDON . I am in the service of Mary Browne - she keeps an oil shop, and sells brushes , in Lisson-street - I heard a footstep on the iron of the door, on the 10th of January, and saw the prisoner put his hand towards the brushes - I pursued him about a dozen yards - he had the brushes under his arm, and dropped them - I called, "Stop thief," and Mr. Rowley, the butcher, ran and took him - the prisoner is the man who had been carrying the brushes - when he was taken, he said, "You have got the brushes, what more do you want?" - these are my mistress's.
JOSEPH ROWLEY . I am a butcher - I was at my shop, and saw the prisoner carrying the brushes - I pursued, and took him - he said, "What do you want? I have got nothing" - I took him back, and we met the young man who had the brushes - the prisoner then said, "You have got the brushes, let me go."(The prisoner put in a written defence, stating that the witnesses were mistaken in his person.)
GUILTY . Aged 19. - Transported for Seven Years .
423. JOHN PAVEY was indicted for stealing, on the 25th of January , 1 wind instrument, called a horn, value 5s.; and 5 dozen of fireworks, called squibs, value 2s. 6d., the goods of John Gould , his master .
JOHN GOULD. I travel with a waggon, and keep fairs, and sell all kinds of trinkets - I do not deal in fireworks, but I have had some by me for two years - on the 25th of January, I was at Hackney , where I live - I was ill in bed, but from information I received, I sent to the waggon for the fireworks; and my daughter said they were gone, and the horn also - the prisoner was in my service at the time - he ran away - I have not seen the property since.
SARAH GOULD . My father sent me to the waggon for the fireworks, and we missed five dozen of them - I went back, and the prisoner was gone - my father paid him 2s. a week, and his board and lodging - when I went to the wag
WILLIAM KITE . I am a gardener, and live at Hackney- I know the prosecutor's waggon very well - I saw the prisoner go into it on the 25th of January - I looked in at the back of the show, and saw him take away the horn and the mouth-organ, which he said belonged to himself - I did not see him take any fireworks.
Prisoner. He was looking through a magnifying-glass, he could not see me. Witness. No: I was looking through a broken pane of glass.
Prisoner's Defence. I am innocent. On the night I left him I was engaged by another show-man; he thought I was a little hinderance to him, and he gave me in charge.
GUILTY . Aged 24. - Transported for Seven Years .
424. EDWARD RHODES was indicted for stealing, on the 29th of January , 1 pillow, value 3s.; 2 sheets, value 5s.; 1 bolster, value 8s.; 3 blankets, value 7s.; 1 carpet, value 5s.; and 1 bed, value 2l. , the goods of Elizabeth Hutton .
ELIZABETH HUTTON . I am a widow - I let the prisoner a furnished lodging five weeks previous to my taking him into custody - he is married, and is a tailor by trade - he was to pay 3s. 6d. a week, but he only paid two weeks' rent - on the 24th of January, I sent one of my children into their room, and on the 28th I went in myself - I missed the pillow-case, two sheets, and the other articles mentioned - they were all my property - I had not seen the prisoner or his wife for four or five days; they had left without notice - on the 29th the prisoner came there again- I asked him for my rent - he said I should have it in the afternoon - I said, "I dare say I shall, as much as I have before; and I charge you with felony" - I called in the officer, and gave him in charge - he said he did it to support his child - I said, "You rob me and my five fatherless children, and you have but one, and are able to work."
JOHN PURVIS (police-constable D 58). I took the prisoner - I found on him fifty-eight duplicates, seven of which are for the prosecutrix's property.
Prisoner's Defence. I was out of employ, and in the greatest distress - I expected money from my wife, who was in service, to replace the things - I have been a housekeeper, and these duplicates were of my own property.
GUILTY . Aged 21. - Transported for Seven Years .
Second London Jury, before Mr. Common Sergeant.
GUILTY . Aged 28. - Confined Fourteen Days .
GEORGE FORDYKE SMITH . I live in Charlotte-street, Blackfriars'-road - on the 4th of January, I was in Cheapside between twelve and one o'clock in the morning - I had been spending the evening with some friends, and had the misfortune to fall down - I had some liquor, but do not think I was intoxicated - I was picked up by the watchman, but I do not know who he was - I had a silk purse in my left trousers pocket, which I felt there at the time I was in the watch-house, with my elbow - I had seen it three or four hours before, and the money was then safe - I was taken to the watch-house in Newgate-street - I had two half-crowns in a piece of writing paper, with the word"Spencer" written on it, in my right hand waistcoat pocket - and I had one sovereign and twenty shillings in another piece of writing paper with some names on it, and some loose silver in my left waistcoat pocket, and my watch - while I was in the watch-house all my property was taken from me - I cannot say by whom; but it was by the officers who were there - I was very much injured by my fall; and was taken from the watch-house to the hospital, where my wounds were dressed, and I was taken home - next morning all my property was returned to me, with the exception of the one sovereign and twenty shillings, which had been in the writing paper in my left hand waistcoat pocket.
Cross-examined by MR. CLARKSON. Q. Was your fall in Cheapside in consequence of your having spent the evening out, or some sudden illness? A. I am subject to giddiness - I think it happened from giddiness - I had not power to save myself - I had been drinking a glass of wine, and some spirits and water - I really believe I was not the worse for liquor - I had been spending the evening in Fleet-street with some friends - I joined them about nine o'clock- I did not feel the worse for liquor - my money was safe just before I joined my friends - I was picked up near the west end of Cheapside, about a stone's throw from St. Paul's Church-yard - I fell about the second turning on the left hand side, in Cheapside, in going from St. Paul's - I do not know the name of the street - I have lived in London ten or eleven years - I know my money was safe when I left my friends, as I knew no one had taken it - I put the sovereign and twenty shillings in the paper just before I met my friends - I counted it, and put it into my left waistcoat pocket - I had accompanied a friend part of the way from Fleet-street; and it was my intention to go over Southwark-bridge to Charlotte-street - I left my friend at the turning leading to the Post-office - that was the place as near as I can recollect - but we do not attach any importance to common-place affairs - my nearest way home would
JURY. Q. What was your object in crossing, and going along on the left hand side of Cheapside, if you were going over the iron bridge? A. I had parted with my friend on that side, and kept on there - I did not speak to any one.
MR. CLARKSON. Q. Where had you spent the evening? A. At the Boar's Head, in Fleet-street, on the left hand side as you go up - I crossed the street near St. Bride's avenue - it was about there; I really cannot recollect exactly - I think I crossed near the end of Fleet-street - I was not drunk; to the best of my belief, I had all my senses about me - I might be a little the worse for liquor, very likely I was - my memory was not affected - I have told you as near as I can where I parted with my friend - I am a printer.
JURY. Q. Who took your money from you? A. I do not know - I did not object to its being taken - there were three or four persons in the watch-house - it was by a person representing himself as an officer.
COURT. Q. You stated you were no worse for liquor; and now you state, "Very likely I was:" how do you reconcile that? A. I was not drunk - my friend and I came away together - there were five or six other persons at the public-house, but they dispersed - I parted with my friend at the end, near the Post-office, to the best of my belief.
CHARLES JONES . I am a watchman of Farringdon Within - I saw the prosecutor brought into the watch-house, when he had been picked up at the corner of Gutter-lane, by a man, named Shield - he was a little in liquor, but he knew what he was about - the prisoner was the night-constable - I went up-stairs to my mother to fetch a wash-hand-basin, as the prosecutor's hands and face were covered with blood - I washed his face and hands, and Laws, who was there, asked him where he lived, but he could not give him any answer - Laws then put his hand into his pocket, to see if he had any direction there; and he took out a paper with two half-crowns in it - Mr. Smith said, "You have got 5s. of mine, where is it?" - Laws said,"On the table" - the prisoner then began to search the prosecutor, and from his left hand waistcoat pocket he took his watch, and broke the guard, which was round his neck- when he had taken that watch, he gave it to a friend he had in the room with him - Laws then said to the prisoner, "If you are not capable of taking care of it, I will"- the prisoner then put his hand into the prosecutor's left-hand trowsers pocket three different times, and put his hand into his own pocket; and the third time he did so, I called to Mr. Laws, and the prisoner seemed confused, and dropped one shilling from his hand - Laws said, "Hutchinson, pull the property you got from the gentleman out of your pocket;" and he then threw 7s., or more, out of his pocket on the table - Laws said, "That is not all, Hutchinson;" and he threw out 11s. more; and he said, "I changed a sovereign over at Mr. Colburn's;" and he then pulled out some other silver out of his right-hand trowsers pocket, which was not the pocket he had put his hand into before - the prisoner then said to me, "You have no business in this room, Mr. Charley;" and he knocked me down, and tried to lift me out of the room, but he could not - he then took hold of my collar - Laws then said, "I will not have this, Hutchinson;" and the prisoner then took Laws by the collar, and Laws sent the prisoner to the Compter by the inspector - I went with him, and he sat down and put his hand into his pocket, and some silver was taken from under him by the inspector - the prisoner tried to put three half-crowns and two shillings on the bed- he was drunk.
Cross-examined. Q. I think your name is Charles? A. Yes, and my wife's name is Ann - I have a little boy named Springhall, and his Christian name is John - I am a porter by business, and live in Green Dragon-court - my wife's name is Springhall - my father married two wives, and I did not know my name was Springhall for eighteen years - I always went by the name of Jones - I have been a watchman five years - my beat is in Alderman Kelly's ward - I was married in the name of Springhall.
Q. Were you ever here before? A. Only as a witness, never for anything else - I will swear that - I was tried here for perjury, but I was quite a youth at the time - I did not know what things were.
COURT. Q. What did you mean by saying you were never here but as a witness? A. I came here as a witness, but they cross-questioned me so, that they made me say first one thing and then another, that is seven or eight years ago - I was acquitted.
Cross-examined. Q. How long were you in prison? A. Seven weeks - I never was in prison before nor since - I was at that time committed by the order of the court - I was never charged with stealing a box or anything else - I did not put my hand into the prosecutor's pocket - I never said I did.
JOHN LAWS . I am inspector of the nightly watch, of Farringdon Within - I was on duty when the prosecutor was brought in - he was very tipsy - I think he was beyond knowing what was going on - he was searched by the prisoner, (who was the night officer,) and myself - the prisoner took a purse, containing £3 odd in silver and gold, from his trousers pocket, and he took his watch from his fob, to the best of my knowledge, and he broke the guard - he was going to hand the watch to a friend he had in the watch-house - I objected to it, and said if he was not capable of taking care of it I would - I insisted upon having it laid on the table, that every one might see it - the prisoner was not sober - I then took a paper, containing two half-crowns, from the prosecutor's pocket, and laid it on the table - Jones then said that the prisoner had taken something from the prosecutor's pocket, three times, and I accused the prisoner of it - he said he had taken it, but it was his intention to put it down - he then put down 9s. 6d. - I told him that was not all, as I felt some more outside his pocket - he then took out 11s. 6d. more - he then told Jones he had no business there, and he knocked Jones down twice - I assisted in getting Jones up, and the prisoner took me by the collar - I then ordered my brother inspector to take him to the Compter.
Q. Did you send the prisoner to the Compter for felony, or for knocking down Jones? A. I sent him there for the assault - I do not recollect which I sent him for - I believe it was for felony; to the best of my belief it was- I gave the order to John Smith - I did say before, that I sent him for the assault; but you confused me at the time- I believe the prosecutor did not swear that I was the person who took the purse from him; but I will not be on my oath he did not - I took the two half-crowns, as I saw the paper in his pocket; and I thought his name might be on it.
JURY. Q. How many times did the prisoner give you money? A. Twice; and he then knocked down Jones - I did not give him in charge till after he knocked him down.
MR. CLARKSON. Q. What was the reason, when you had seen a felony, you did not give him into custody till after he had knocked down Jones, and that then you sent him for the assault? A. I will not be on oath whether I sent him for the felony or the assault - I went to our gentlemen the next day, and they advised me to go and see the prosecutor, which I did; and I told him he had been robbed.
JOHN SMITH . I was inspector in the watch-house of Farringdon-Within - I was not in the watch-house when the prosecutor was brought in - when I came in he was sitting on a chair, Jones was washing his face, and Laws was holding a candle to him - the prisoner was looking on - we endeavoured to find where the prosecutor lived; but we could not make it out from him - the prisoner Hutchinson then proposed searching him, to see if he could find any paper with his address on it - he was searched; and Hutchinson the prisoner proposed to hand the property taken from the gentleman to a friend of his, who sat by the fire - Laws said, "If you cannot take care of the property, I will" - in a few minutes after Jones said that the prisoner had taken something out of the prosecutor's pocket - the prisoner replied, he had got change of a sovereign at the public-house - Laws insisted that the prisoner should give up what he had taken from the gentleman's pocket - he then took 9s. 6d. out of his pocket, and threw it on the table, and said, "That is all I have got" - Laws said he had more; and he then took out 11s. 6d. more from his pocket, and said the rest of the money he had was his own - he then accused Jones with interfering, and was going to turn him out of the room - Jones would not go out, and Hutchinson knocked him down - Jones got up - a quarrel ensued, and they both went down on the floor - Laws then took the prisoner by the collar, to arrange the matter between Jones and the prisoner; and he sent the prisoner to the Compter - I went there with him - when he got there he sat down on a chair; and I heard something tinkle under him - I put my hand under him, and found 2s. 6d. and a halfpenny - I then searched his person, and found three half-crowns and 2s. more, loose in his pocket - I did not find any paper - he said the money was his own, as he had got change - the charge against him was for the assault, and for taking the gentleman's money.
Cross-examined. Q. Is it your duty as an inspector of the watch to see that the watchmen do their duty, and that the prisoners do not escape? A. Yes, certainly - I have been outside while Laws was examined, I did not hear a word of the examination - the prosecutor was brought to the watch-house and he was drunk - he could speak - Laws asked him his name - he said he would not give his name - he did not remain silent, and would not speak while I was there - Hutchinson was the first who began to search the prosecutor to my knowledge: he shoved the money and the watch he found on him to a friend of his who sat there to take care of it - there were two half-crowns in a paper, which I believe Laws took - Laws said, perhaps the paper would tell where the gentleman lived - that was before it was put on the table - Laws said to Hutchinson, "If you cannot take care of it, I will" - Hutchinson was drunk, but not insensible - I saw him put his hand into the prosecutor's pocket - I did not see him take anything out, nor put anything into his own pocket, but I was not looking - Laws had before said that no stranger ought to interfere - Laws then told the prisoner to produce the money - he pulled out 9s. 6d., and said he had got no more; but he afterwards produced 11s 6d. more from one of his pockets, and said he had changed a sovereign at Mr. Colburn's, and he had 18s. 9d. - when I got him to the Compter I found 2s. 6d. and 11/2d. in the seat, and three half-crowns and 2s. on his person - I remember a man being brought to the watch-house charged with stealing an umbrella from a woman - I was there with the prisoner, and the watchman who brought the man in - I do not know whether any one else was there - the woman charged him with stealing the umbrella - I was there before the man went away - I cannot say that he was present when the woman gave the charge - the man was let go - Laws afterwards went to Mr.
JURY. Q. Were you present when the young man was discharged? A. I was - I do not know whether they took all his money from him - I did not see any - the prisoner took 9s. 6d. and then 11s. 6d. out of his pocket at the desire of Laws, and the assault took place in two or three minutes.
Witness for Defence.
WILLIAM SUMNER . I was in company with the prisoner at Mr. Colburn's, the Queen's Arms, on the night this happened, from eight o'clock till twelve - the prisoner is lame - he gave me a sovereign to get change for him - I gave him twenty shillings - I cannot say whether he spent any there.
NOT GUILTY .
OLD COURT. Monday, February 24, 1834.
First Middlesex Jury, before Mr. Common Sergeant.
428. THOMAS SMITH was indicted for stealing, on the 23rd of January , at St. Andrew's, Holborn, 3 pair of ear-rings, value 20s. , the goods of William Holden , the younger, to which indictment he pleaded
GUILTY. Recommended to mercy by the Prosecutor - Judgment Respited .
CHARLES OLDFIELD . I am a builder , and live in Albion-street, Hyde-park - I am building near Hyde-park - four sheets of lead came in on the evening of the 16th of January - they were to be delivered at the stable, at the back of Hyde-park-street - the ground being soft, the wheels went in, and they could not get it into the stable - it was deposited in an open field, about one hundred yards from the building - a number of boys are constantly playing there - (looking at a piece of lead) - I have not matched it myself - the lead was never delivered at my premises, and I do not see how it could have been my property - I do not intend to pay for it, unless I am compelled through legal process - it came from Alderman Thompson - it was never properly delivered - I ordered it of Alderman Thompson, and it was sent; and I happened to meet the carter myself when it came in the evening, and told him to draw it round, but he could not get it round - my men were with him - they did not object to the mode of delivery - I said it was not safe - there is another objection, they did not deliver a proper invoice with it - I sent for one.
RICHARD HANCOCK . I am an officer - I was on duty in the Edgeware-road on Sunday, the 19th of January, and saw both the prisoners - I first saw Waller with a bundle under his arm, it was these three pieces of lead - I stopped him and asked what he had got - he said, "Wood;" I said,"It is lead;" he then said, "I found it at Kensington;" the other prisoner, who was just before him, ran away directly - I stopped Waller - I called to a constable, who ran and caught Fisher, and brought him back - I took him to the station-house - I went and compared the lead with what was lying in the field, at the back of Mr. Oldfield's - it fitted it exactly - this piece has got the invoice number on it - I can swear this piece came off one sheet.
WALLER. Q. Did you ask me whether it was wood or not? A. I asked you if it was wood, and you said, "Yes."
COURT. Q. Did you ask him if it was wood? A. No, I asked what he had got - he said it was wood - I felt it, and said it was lead.
GEORGE COMPTON . I am an officer - I was with Hancock, and ran after Fisher, and caught him - I asked him what he had got - he said, "Only a piece of wood" - I found this piece of lead on him - he said he found it at Kensington, under some shavings - I took him back to Hancock, who took him to the station-house - next morning we went to Oldfield's, and compared the lead with the sheet - I can swear that is part of the same sheet of lead.
Fisher. Q. In what parish did you catch me? A. Mary-le-bone, against Hyde Park gates - the lead was in Paddington parish - he crossed over into Mary-le-bone parish, and was going to turn into the Park, but I stopped him, and found a knife on Fisher.
Waller's Defence. As we came by we saw the lead in a hole, as we were playing along with several more boys - it was covered over with shavings - Fisher said,"Waller, what is that?" - I kicked it, and said, "It is lead" - we picked it up, and were going to take it home - we picked it up in a hole about the middle of Mr. Oldfield's field.
Fisher's Defence. The field does not belong to Mr. Oldfield, but to Mr. Edwards - I was in the service of my uncle, Mr. Bermisch, who keeps a public-house, No. 2, Duke-street, Grosvenor-street.
WALLER - GUILTY . Aged 15.
FISHER - GUILTY . Aged 15.
Judgment Respited .
Second Middlesex Jury, before Mr. Baron Gurney.
431. JOSEPH PURVIS was indicted for stealing, on the 6th of February , at St. Pancras, 2 coats, value 2l.; 2 waistcoats, value 15s.; 2 pair of trousers, value 14s.; 1 pair of shoes, value 11s.; and 1 handkerchief, value 1s.; the goods of William Purvis - and 1 coat, value 1l. 5s.; 1 pair of trousers, value 15s.; 1 waistcoat, value 10s.; and 1 pair of shoes, value 5s.; the goods of Thomas Green , in his dwelling-house .
WILLIAM PURVIS. I am the prisoner's brother - he lodged with me; and my brother-in-law Thomas Green lodged in the same house - we all lodged there - the prisoner left the house on Thursday evening, the 6th of February - I did not know of his intention to go - after he was
THOMAS GREEN . I am brother-in-law of the prosecutor - he lodged with me - I rent the house - the prisoner left the house on the evening of the 6th of February - I lost a coat, trowsers, waistcoat, and a pair of shoes, worth 2l. 15s. - they were up stairs, I think, in my chest - but I had not seen them for a fortnight - I missed them the evening he left - I did not know he intended to go away.
GEORGE CLARKSON . I am servant to Mr. Drew, a pawnbroker, and live at Clarke's-place, Islington - I received a suit of clothes in pawn from the prisoner, on the 6th of February, for 1l., in the name of Purdy.
Prisoner's Defence. We were sitting together on Sunday evening - I asked them if they would allow me any money if I got a ship - they said they would, and I took the things to fit myself out with - I never took any clothes out of any box at all.
WILLIAM PURVIS. I told him he might have my clothes if he asked my leave; but he did not ask my leave.
NOT GUILTY .
WILLIAM PRYER . I am a carman , and drive a cart for Mr. Pontin, 20, Lloyd's-row, St. John-street-road . On the 12th of November I wound my watch up, and placed it in the corn-bin; on the 13th, at night, I went to wind it up, and it was gone - I had laid it down in the bin on some empty sacks, and placed the sacks over it - the prisoner looked after a horse and chaise in the adjoining stables, and was discharged that day - the adjoining stable is in the same yard - the stable-door, where my corn-bin is, was not locked in the day-time.
JOHN DAVIS . I am shopman to Mr. Cordell, pawnbroker, Clerkenwell - the prisoner pawned a watch with me on the 18th of December - it was pawned first on the 21st of November; then looked at by a person who was going to buy the ticket, on the 18th of December - the prisoner was the person who pawned it in November for 30s., in the name of Smith; but it was looked at, and pawned again on the 18th, in the name of Heard.
Cross-examined by MR. PHILLIPS. Q. Did you know the prisoner? A. Not before - there are things hanging up in our shop-window for sale - they do not darken the shopwindow at all - there is quite light enough - it is darker than it would be without them - I do not know the time of day - we have a gas-light in the evening - I recollect it was the prisoner pawned the watch - to the best of my belief it was in the morning; but I cannot say it was not in the evening - I do not know whether any other persons were in the shop at the time - there might be other persons pawning goods.
COURT. Q. You remember his person? A. Yes; he pawned the watch - I produce it.
CHARLES STUTTLE FLETCHER . I am a policeman - I apprehended the prisoner on the 26th of January - I told him it was for stealing a musical snuff-box and a watch - I neither threatened, nor made him any promise - when he was going to Hatton-garden office, he said he pawned the watch for 30s.; and that he bought it of a man in Exmouth-street for 10s., but did not steal it.
Cross-examined. Q. I observed you looked at the paper in the case first? A. Yes; it is not the same paper as was in it - I looked inside it to see if it was the paper - I can read figures - I did not look at the figures, I looked to see if it was the same shape as my own - I never saw another watch so near like it - I did not know the figures inside before - they are 3710 - nobody told me the number of the watch - I do not know it by the figures.
Prisoner's Defence. The prosecutor said I was discharged the day he lost his watch - I was not discharged for nearly two months afterwards - master is unwell at present, but he could prove whether I was or not - I lost my situation in consequence of being brought to justice by him at Hatton-garden, by his swearing I stole a pair of boots, which I was innocent of, and the magistrate discharged it; and I would not stop with master, thinking it would be rather a stain on my character.
WILLIAM PRYER. I lost my watch the day he was discharged - he never worked there afterwards.
GUILTY . Aged 23. - Transported for Seven Years .
WILLIAM HEARD. I live at No. 24, Merlin's-place - the prisoner lodged in the same house with me - I lost a musical snuff-box, off the side-board in my shop, on the 16th of December - he slept in the shop - he left about a quarter past eleven o'clock that morning; and I missed the box two hours afterwards - I did not know he was going - I met him again two days afterwards, and told him I had missed the box - he denied all knowledge of it, and I had then no evidence against him - I employed a policeman, and found the box - he was taken again.
Cross-examined by MR. PHILLIPS. Q. Are you certain the prisoner pawned it? A. Yes - I did not know him before - it was about five o'clock in the evening - I do not recollect whether other persons were in the shop; if there had been, I should have recollected - I cannot say positively there were not - we have an apprentice.
Q. Did not the person pawning it go outside to inquire, apparently, of a person who had sent him, to know if he was to take what you offered him? A. I think he did - I think he said he would ask the owner if he would take so little.
WILLIAM BRENDALL . I have seen the prisoner many times for about a month - I was not acquainted with him - I received a duplicate from him of a musical snuff-box - I sent a person in my employ to redeem it - he brought it to me - I afterwards gave it to the policeman - (produced).
Cross-examined. Q. Had you known the prisoner, to speak to him? A. I had - I gave him nothing for the duplicate - he asked if I wanted to purchase such a thing - I said, "No" - he said, "If you will purchase it, the money will be of great service to me" - I said, "I do not think it will sell well" - he said, "I will leave the duplicate with you - you can redeem it, and look at it, and it can be pawned again if you do not like it; and I did redeem it, but never saw him again till he was at Hatton-garden - I have spoken to him more than five or six times - he was in a situation in the neighbourhood - I am a hair-dresser, and so is Heard - I have known Heard seven years - I never saw him with the snuff-box.
CHARLES STUTTLE FLETCHER . I apprehended the prisoner, and told him about the snuff-box - I neither threatened nor made him any promise - he said, going to Hatton-garden, that he had left the duplicate at Brendall, the hairdresser's, and he believed he had taken it out of pawn.
Prisoner's Defence. When I pawned the box there was no bottom to it.
Cross-examined. Q. Suppose this had no bottom to it, would you call it a box; a perfect box? A. Not a perfect box; but it is a perfect snuff-box without the bottom - I paid 6s. for putting the bottom to it - I never expected to see the prisoner again.
JURY. Q. How long did you have it repaired before you gave it up to the policeman? A. It came home on the Saturday night; and on Monday, about two o'clock, I took it to the station-house, and gave it to the superintendent - when it was left with me, I found it would not play, and tried to pawn it to get my money back, and could not, and thought by having it repaired I should be able to get my money back - it has cost me 22s.
GUILTY . Aged 23. - Transported for Seven Years more .
434. JOSEPH WIRE and SAMUEL LAMBERT were indicted for feloniously assaulting James Wilson on the 11th of January , at St. Leonard's, Shoreditch , with intent to steal his goods, monies, and chattels, from his person, and against his will , against the Statute.
JAMES WILSON . I am a carman , and live at Watford, in Hertfordshire - on Saturday, the 11th of January, between one and two o'clock in the morning, I was in Goswell-street, going to No. 61, Baldwin-street, City-road, coming from the other side of the Seven Dials - I was against the Charter House garden-wall - the prisoners came up to me - Wire said, "What have you got?" - I said,"Nothing for you: go on" - they then left me - I got a little further - they came again - Wire said, "What have you got?" - I said, "Nothing for you: go on about your business" - he then gave me a push - I called for a policeman, and both left me again - I kept on in the street till I passed Old-street-road, nearly opposite Wilderness-row - one came on each side of me - Wire said, "Have not you been calling for a policeman?" - I said, "Yes, I have: what is it you want?" - Lambert then turned his face round towards me - he was on my left side, and Wire on my right - Wire said to Lambert, "Give it to the b-y b-r" - Lambert struck me a blow on the temple; and before I fell, I felt Wire's hand at my watchfob; but I had no watch there - as soon as I was down I got up again - the blow knocked me down - I got up and hallooed out lustily, "Stop thief," as they ran away - they ran round into Old-street-road; and as soon as I had turned the corner I saw they were both stopped by two policemen - I ran up and gave them in charge for knocking me down, and I thought they intended to rob me of my watch, if I had had it with me - they had got very little distance down Old-street-road when they were stopped - they were taken to the station-house - I was not exactly sober - I had had a glass to drink - I was not drunk - I knew quite well what I was about - I had never seen either of them in my life before to my recollection.
Cross-examined by MR. PHILLIPS. Q. Have you a watch? A. Yes; I had left it at home - I did not intend to get drunk when I went out - I had been drinking at a wine-vaults the other side of Seven Dials - I went there with a friend named Gower, and parted with him in Smithfield - I suppose I left the wine-vaults about twelve o'clock - I went there between ten and eleven - I swear it was after ten - we had three or four glasses of brandy and water, two pints of ale, and some supper; nothing more - I did not pay for it - my friend paid 3s. 6d. for his share and mine - there was three of us in company - I cannot swear whether we had three or four glasses of brandy and water - it was drank among three, and three pints of ale; nothing else - we had been nowhere else before we went there - I had been to Shoreditch, to Grower's house - he is a weight and scale maker - I drank nothing except three or four glasses of brandy and water, and three pints of ale - not at that house, I do not know about that night - I might have had a pint of ale in the course of the evening, but not before I got there - we had had one pint of ale between me and Grower.
Q. Did not you say just now that before you got there
Q. Perhaps you will recollect whether you had been talking to a woman - do you recollect the lady you had been talking to?
A. No; I was talking to a woman of the town in Long-lane - that might be a mile and a half from the wine-vaults - she was standing, and I went and spoke to her - I was not quite sober - I drank nothing more than I have said - what I drank bewildered me - I might have talked to more than one woman, for what I know - as I go along I am free for everybody - I do not think anything of it.
NOT GUILTY .
ROBERT HODGES . I am a broker , and live at No. 33, Old-street - I let a truck to the prisoner on hire - he said he wanted it for three hours - he was to give me 6d. for the hire of it - it was five weeks ago on Friday - he was taken up next day - I let it to him about twelve o'clock in the day.
HENRY HUTTON . I am a patten-maker, and live at No. 1, East-street, Globe-fields - I went to dinner on Friday - the prisoner and two others were together - they said they had a truck to sell - I asked the prisoner what sort of a one it was - he said a spring-truck, and wanted 2l. 10s. for it - I said master wanted to buy one, and he had better bring it down about nine o'clock on Saturday morning, or after twelve o'clock - this was between one and two o'clock - he came again about seven o'clock that night and brought the truck; he said his brother had sold the spring truck - but he had brought this one, which was as good as the other, but had no spring - I said he had better come at nine o'clock in the morning - he asked me to let him leave it at our place - I said I could not - but he left it, and came again next morning - he offered the truck to both me and master, but the policeman was with Mr. Jones when he came to bargain for it, and he was taken.
Cross-examined by MR. STAMMERS. Q. How many people were with the prisoner the first time? A. Three - the prisoner and another spoke to me - the prisoner offered the first truck for sale - he was sober then, but not when he came at night - he was not particularly drunk; he was in liquor - he brought the truck in question with him - it was not sold at all.
WILLIAM BALSTER . I am a policeman - I apprehended the prisoner in the warehouse of Mr. Jones, Old Montague-street, Whitechapel, nearly two miles from the prosecutor's - I had been sent for - I was concealed in another room, when the prisoner came in, and Jones asked him whose truck it was he had then for sale - he said it was his own property - he asked him the price of it - he said, 1l. 15s. - Jones then brought him into the room I was in - he repeated that it was his own property - I said, "I doubt you did not come honestly by it" - he said it was his own - I asked of whom he bought it, and where - he said, of a man in the City-road - I asked him what name - he said he did not know the name - I asked what he gave - he said, 1l. 2s. - I said I was confident it was stolen, and took him into custody to the station-house - he overheard me mention to our Inspector that I knew from whom the truck came; as I had received information - I was in the act of booking the charge, and he said, "I was not aware who you were; but I will tell you the whole truth" - I said, "Do not make any admission before me, because, anything you state now, I shall be bound to give in evidence against you" - he said he was drunk, and intended to make good the money to the prosecutor.
ROBERT HODGES re-examined. I have seen the truck - it is the one I lost, and worth 1l. 10s. - I have known the prisoner ten years - he lived in Spitalifields, I believe - he is a chair stuffer.
( William Hind , coal-dealer and chandler, No. 15, Thrawll-street, Brick-lane; Joseph Harper , weaver, No. 13, Fleet-street, Spitalfields; John Webster , No. 10, Goswell-terrace, bird-stuffer; - Stevenson, No. 17, Gate-street; Martha Mace , and Thomas Bowsden , a confectioner, gave the prisoner a good character.)
GUILTY . Aged 36. - Confined for Three Months .
JAMES HUTCHINSON . I am in the Guards, and servant to Captain Thomas Arthur Kimmes - the prisoner was a sort of odd man , employed at Colonel Tint's, who is the Captain's father-in-law, and lives at No. 16, Hill-street, Berkley-square - these boots were missed the beginning of February, from Hill-street - I had not seen the prisoner for seven days previous to that, nor had ever seen the boots, for I had been away from the house myself, in consequence of a robbery which had been committed - on missing the boots, I went to the prisoner, who was in Marylebone-court, and said to him, that in addition to the forks which were missing, there was a pair of boots of my master's missing - he said, "You mean to make something of it at last" - I said, "I want you to go with me to the pawnbroker's" - he said, "It is of no use going to the pawnbroker's; I know where the boots are; I pawned them, in South Audley-street, for 10s."- I walked a short distance with him, and gave him in charge of a policeman - I went to South Audley-street, and found the boots in pawn for 10s. - here are the boots - they have my master's name in them.
WILLIAM BEZANT . I am a pawnbroker, and live at No. 60, South Audley-street - I had the boots in pawn from the prisoner, on the 6th of January - I lent him 10s. on them - he said he pawned them for another person, who had sent him - I knew him in the neighbourhood a long time.
Prisoner's Defence. I intended to have restored them again.
GUILTY . Aged 49. - Transported for Seven Years .
BERNARD BRANNAM and CATHERINE WELCH were indicted for stealing, on the 1st of February , 12 pieces of wood, value 30s. ; the goods of Christopher Cockerton , the younger.
WILLIAM PARNELL . I am a carpenter in the employ of Christopher Cockerton , sen., but the property belongs to his son - this wood was deposited in the City-road , where we were rebuilding a house - there was a great quantity of wood in the enclosure - it had belonged to the old house, and was about to be used again - a hoard went round the building - the prisoner Brannan was employed as a labourer .
THOMAS SALLOWS (policeman). On the morning of Saturday, the 1st of February, about a quarter past six o'clock, I was on duty in the City-road - I walked past this building, and saw the male prisoner come out with a piece of wood from the building - he took it across the road, and threw it down by the curb - the female prisoner was standing there, behind a truck which a boy was holding - she took it up and put it into the truck, and he went back and fetched the second piece - I met him coming with the second piece - I said, "Oh" - he took no notice, and went over and threw that down, came back and fetched a third piece - the woman laid the second piece on the truck, and Brannan put the third piece on the turck himself - he laid hold of the truck, and assisted the boy to drag it to Old-street - I went back to the hoard, and found the door shut, which Brannan had left open - I followed the truck up a street, and met Brannan coming back - I went after the truck and found the woman behind it, and the boy holding the handle - I stopped the woman, and said, "Where are you going with the wood?" - she said, "To No. 20, George-yard, Golden-lane" - I asked who the truck belonged to - she said it was her own - I followed it into Old-street - I there saw two brother officers - I went and told them to take charge of her - I went back to the building, and found the door shut, as if nobody had been there at all - I went back - one of my brother officers took the woman to the station-house, and I took the wood - I returned to the building - my brother officer waited at the building, while I went to the prisoner's house - while I was gone my brother officer took him.
Cross-examined by Mr. PAYNE. Q. The woman told you she was going to take it to No. 20, George-yard - did you go and see if that was her residence? A. Yes; and found she lived there - I saw the wood brought out and put on the truck - it was rather dark - the woman could not see me on the other side of the road - I cannot say she did not see me - there were gas-lamps there - she was busy loading the wood - she told me at once where she was going.
JOHN CONNER . I am a policeman - on the 1st of February I was on duty in Old-street - Sallows called my attention to the woman - I detained her; I asked her how many pieces of wood there were in the truck - she made no reply - I asked her how much they cost - she said that was her business - I said to Sallows, "I will detain her, go back and see if the things are right;" and as he went away she ran away - I went and fetched her back.
W. PARNELL re-examined. I have seen the wood, it is my master's property, and worth about 30s.
Cross-examined. Q. How do you know it? A. One part of it remained in the party-wall, and it fitted it - Brannan had no business there so early - he used to come rather early - there was no workman there then.
Brannan's Defence. When we began pulling down the building, there was a deal of old laths and old wood, and it was given us as perquisites, or to buy some beer with - I will tell the truth - we got this on purpose to sell the laths and a few chips of wood - this woman came to me two or three times - I saw some of the laths and chips; on this morning - I could bring witnesses that I was in bed at the time this occurred - I am a man in a poor way of business, and have a motherless family, in the greatest want of me to provide for them.
Welch's Defence. I am a poor woman - I have got my living by this work these five years - having a helpless sick husband who I buried - he had but 6d. pension - I sold wood and bought it - I was coming from the New North-road, and met Brannan not knowing him - I asked him if there was any old wood to be sold at the building - he said,"Yes" - I asked him who had the selling of it - he said he had - I asked him what time I might call for a few shillings worth - he said, "On Saturday morning, at half-past six o'clock," and I was there at that time - I get my living by it - the man was in the building when I came to him - I gave him the money he demanded of me.
BRANNAN - GUILTY .* Aged 29.
WELCH - GUILTY . Aged 37.
Transported for Seven Years .
GEORGE BYMORTH . I superintend Mr. Dean's business - he is a trimming manufacturer , and lives in St. Agnes-terrace, Tabernacle-walk - I was in the shop on the 24th of January, sitting at the further end, and heard our boy call out, "Stop thief!" - he was instantly at the door - I went after him, followed him as quick as possible - I saw the prisoner standing at the door close by the window, and Mr. Pellew was there - I asked them if they were sure the prisoner's hands were in the window - they said they could not say exactly, but there was nobody else near but him on either side - I said if they could not say, I could not, and so the prisoner walked on - I saw him look back, once or twice, which made me suspicious - I ran after him and brought him back - there was a hole in the window - a pane of glass against the door-post had been broken several times, and was broken then - the pane was completely out, about six inches across - when I went to the door, this hank of silk was half out and half in - it had laid just inside the pane of glass, and there were some things hanging against the glass - it was removed from the place where it had been - I gave it to the officer.
HENRY PELLEW . I came by the Tabernacle to the prosecutor's house - I had passed Mr. Dean's shop about five minutes before this happened, and saw the prisoner loitering on the pavement close to the shop - I went as far as the Tabernacle - returned in about five minutes - I had heard a voice call from the shop before I got up, and saw the prisoner suddenly turn round - he was then standing at the window; and when I came up, he pointed towards me, and said there was a boy ran down that way - no boy had run that way.
Prisoner's Defence. I was coming along, and heard a call of "Stop thief" - I turned round to see what was the matter, and saw a boy cross the road; I said, "A boy has crossed;" a gentleman said, "No boy has come along there at all;" I said there was - they took me into the shop, searched me, and found nothing.
GUILTY . Aged 18. - Transported for Seven Years .
JEREMIAH ROOBARD. I am a publican , and live in Newcourt, Goswell-street . On Saturday, the 4th of January, I missed this skittle-ball, at half-past four o'clock, on my return home - I had seen it safe at nine o'clock that morning - in consequence of information, I went to the station-house, and from thence in company with a policeman to the prisoner's lodgings - I did not see him - I saw some children - I received the skittle-ball that evening from the prisoner's father, after I had been to his lodging and could not find it.
GEORGE KNIGHT . I was at the public-house that day between one and two o'clock, in company with the prisoner and others, having a pint of beer - the prisoner and a man named Seagram, who is not in custody, wanted to borrow an apron of Morgan - he would not lend it to them - they did not say what they wanted it for - Parry came in with a coat under his arm, and the prisoner and Seagram borrowed that of Parry - Seagram then went into the skittle-ground - the prisoner was in the tap-room; when Seagran came back - he said, "Marshall, go out into the privy, you will find a black bundle, bring it through; and when you come through pretend to have got a pain in your side" - Marshall went, and came by the door with a black bundle, and something wrapped in it - Parry's coat was black - I saw the prisoner with the bundle under his right arm - it was a coat with something wrapped up in it - Seagram persuaded him to take it to his father's house; and Seagram said they could sell it for 3s. or 4s. - they took it home - they both went away together.
JOSEPH PARRY . I was at the public-house that day - I had a black coat under my arm - I knew the prisoner, and asked him to mind my coat, as the young man was not in - when I returned back, Seagram and the prisoner were present - I heard them say they had taken the ball home, and were to have 2s. or 3s., I cannot say which.
CHARLES TUCKER . I am pot-boy to the prosecutor - I was cleaning pots in the ground, and saw Seagram come out of the place, and Marshall followed after him with the coat under his arm - it appeared larger than it was at first, and Seagram followed him - when my master returned home about five o'clock, the skittle-ball was gone.
JOHN EASTAFF (policeman). I apprehended Marshall on the 8th of January - I heard him tell the Magistrate that Seagram said they could make a few shillings of it in Long-acre.(Property produced and sworn to.)
NOT GUILTY .
439. ELIZABETH VAUGHAN, alias Lee , was indicted for stealing, on the 24th of December , 1 bed, value 15s.; 2 sheets, value 8s.; 2 blankets, value 4s.; 1 rug, value 3s.; and one set of fire-irons, value 2s. , the goods of Joseph Gibbons .
JOSEPH GIBBONS . I live at No. 179, High-street, Shoreditch - the prisoner lodged with me - I lost the property stated in the indictment from the room she occupied with a person named Lee, who is not in custody, and who she represented as her husband, and had worked for me on the premises - she left, on the 24th of December, without any notice - they both a absconded, early in the morning, and after they were gone, I missed these things - I made inquiry, and ascertained they were down at Aveley, in Essex - I sent a person down there, and the prisoner was brought up - I asked her how she came to serve me as she had - she said she knew nothing of it - I said, "I must take you before a magistrate" - she said she left all the things on the premises when she left, and was desired by Lee to go on the road, and he would overtake her - I have never found my property.
RICHARD JOHN SMITHERS . I am in the employ of the prosecutor - I went into Essex, and found the prisoner there - I asked how she came to act as she had- she said she did not know - she was over-persuaded to do it - I asked what she did with the things, and where they were - she said she had sold them - I gave her in charge of an officer - I asked if she was married - she said she was not.
NOT GUILTY .
Simon Lee , from his person .
SIMON LEE. I am a journeyman baker , and live at No. 57, Lower Whitecross-street - on the 5th of February, I was at the George, Beech-lane, Barbican - I went there about three o'clock in the afternoon, and stayed till eleven o'clock at night - I was not quite sober then - I was rather intoxicated - the prisoner was in my company part of the time - he came in the evening - I knew him before - he is a baker - we both left the house together - he left to see me home - he said so, and he went home with me - my house is better than one hundred yards from the public-house - after he left me, I missed my watch and chain and seals - I went back to the landlord, and asked if he had seen it, and asked him to go with me to look for the prisoner - he went, and, in our way, we saw the prisoner walking up Whitecross-street - I called to him, but he did not answer - I called loud enough to be heard - he turned up a gateway - I and the landlord went to the gateway, and met him coming out, and I gave him in charge - we got a light, and found the watch hid behind a stone up the gateway - the landlord took it up.
Cross-examined by MR. DOANE. Q. You were very drunk? A. I had been drinking all the afternoon - I was certainly very drunk - the prisoner and I tossed; but I cannot recollect for how many quarterns of gin - I do not know how much rum we had - I saw my watch safe in the evening - when I left the parlour to go to the bar, I felt and saw it - I took it out in the prisoner's presence - there was another man in my company - he was drinking too- there were three of us drinking together - he drank part of what we had.
RICHARD ALLBURY . I was in the service of Mr. Fowler, who keeps the public-house - the prosecutor and prisoner were at the house - when they went out, the prosecutor was intoxicated - the prisoner and he went out together, and master directed me to follow them, which I did - I saw them go on towards the prosecutor's lodging and as they went along, I saw the prisoner hug the prosecutor, with his arms round his neck, in the street, and heard the prosecutor say to him, "John, keep your hands out of my pocket; if you want money, I will either give it to you, or lend it to you"- I called to the prosecutor, and he turned round - I then saw the chain and seals of his watch safe - I went up to the prisoner, and he said, "Here is the publican's boy, and he will see you safe home" - he then left the prosecutor, and I saw him across the road - he had no further to go - he came back to our house in about eight minutes, and complained of his loss - I saw master go with him - I was at the bottom of the gateway when master picked up the watch.
Cross-examined. Q. Did not he say that it was a lark? A. Not in my hearing.
BENJAMIN JAMES FOWLER . I keep the public-house - when the prosecutor and prisoner left the house, the prosecutor was very drunk, and very sick - I sent my boy to see if he got safe home - when he was in front of the bar, leaving the house, he had his watch safe - he came back and complained of his loss in about eight minutes - I went out with him, and saw the prisoner going up Upper Whitecross-street - the prosecutor called to him, but I do not think the prisoner heard him - the prisoner went up a yard - we went to the end of the gateway, and the prisoner had then got about two steps out of the gateway - the policeman took him in charge - I went up the gateway, looked about, got a light, and found the watch behind a stone, with the chain and seals.
Cross-examined. Q. What stone was it? A. It is put to stop vehicles from going against the wall - the stone is fixed - the watch was not broken that I recollect - I do not recollect that the glass was broken - I did not see Brett then - they had both gone out of my house together.
RICHARD ALLBURY re-examined. I cannot say whether Brett went with him - he was not with him when I saw the prisoner hugging the prosecutor - I was about twenty yards from them then - I went up to them - Brett was not there.
THOMAS COLLIER . I am a policeman - I was present when the watch was found, and took the prisoner into custody - I have the watch - the prosecutor gave me the number and description of it before it was produced - it answered his description.(Property produced and sworn to.)
(- Nixon, publican, and Ann Rowe, 31, Union-street, Kingsland-road, gave the prisoner a good character.)
GUILTY. Aged 20. - Recommended to mercy by the Jury, on account of his previous good character . - Confined for Six Months .
ROBERT CRIDINGTON. I am a shoe-maker , and live in Austin-street, Hackney-road - the prisoner was in my service for one week - my wife called me down, as she missed two shawls and a handkerchief - I went round to the pawnbrokers', and found them, and then gave the prisoner into custody.
THOMAS EAGLES . I am a constable of Worship-street - I was sent for to the house, which is next door to our office, - the prisoner was charged with stealing two shawls - she gave me two duplicates out of her bosom - I went to the pawnbroker's, and found the things.
MARY CRIDINGTON re-examined. They are mine - I had no character with the prisoner.
GUILTY . Aged 15. - Transported for Fourteen Years .
THOMAS FARRANT . I am a silver refiner, in the employ of Mr. Smart, No. 60, Princes-street, Leicester-square - on the 8th of January, about six o'clock in the evening, the prisoner came to the shop, and offered a silver spoon for sale - my employer saw a crest partly rubbed out, and I saw it also - he was asked how the crest came to be rubbed out- he said he did not know there was one - Mr. Smart asked where he got it - he said he bought it of a Jew in Piccadilly - he was asked his name and address - he gave John Harding, No. 19, Berwick-street - we told him we should keep the spoon and make inquiry - I marked the spoon, and afterwards gave it to Stone, the constable, and gave him the name and address the prisoner gave us - on the 18th the prisoner called again - we told him he had given us a wrong name and address, and asked his reason - he said he was so flurried at the time he did not know what he said - I then asked him what his right name was, and where he lived - he said John Foster, No. 19, Edden-street, Regent-street - I asked his landlord's name - he told me, and I knew that was correct - I gave that information to Stone - and at Marlborough-street I saw one of the Duke's spoons.
Cross-examined by MR. DOANE. Q. Did not he merely ask you the value of the spoon? A. No, he did not, I am positive - he came twice afterwards, and demanded the money - I have seen the crest - it is out of an Earl's coronet.
GEORGE STONE . I am a policeman - the spoon was given to me - I went to the address he had given - no such person lived there - on Monday the 27th I apprehended him in Edden-street - I asked if his name was not Foster - he said it was - I asked if he had not taken a silver spoon to Smart's to sell - he said he had - I asked where he got it - he said he bought it from a Jew - I told him I had inquired of his master, and he had worked at the Duke of Sutherland's on the 8th of January - he said No, he was at work at home; that he worked for himself, and was his own master - I told him Mr. Attfield was his master - he is an upholsterer in Brook-street - I took him to the station-house; and, at the office, he said he was a ruined man - he said the porter of the Duke of Sutherland, on the 8th January, lent him the spoon to take some oil up stairs to rub the furniture, that he put it in his pocket and never returned it - I have the spoon here.
Cross-examined. Q. Did you say any thing to induce him to say any thing? A. Nothing at all; his master was present at the office.
Prisoner's Defence. I bought the spoon of a Jew.
(Mrs. Berter, widow, Grove-street, Lisson-grove; - Beves, cabinet-maker, Monmouth-street; Hancock, painter; and Mrs. Wallis, No. 2, Albany, gave the prisoner a good character.)
GUILTY . Aged 35. - Transported for Seven Years .
MATTHEW TAYLOR . I am footman to Mr. Richard Budden Crowder - the prisoner was sent to work at master's house by Mr. Attfield, the upholsterer, on the 24th of January, at No. 57, Lincoln's-inn-fields - I did not miss these books till after he was taken up - when they were produced I knew them.
GEORGE STONE . I am a policeman - I apprehended the prisoner on the 27th of January - I searched him, and found two books in his coat pocket - they are British Poems; both have Mr. Croweder's coat-of-arms and his name in them - I asked where he got them - he said they were his own - I searched his lodging, and found three more books of the same description, two having a name in them and one not - I went to the office and asked him how he came to have three more - he said they were all his own, and he had had them a good while - I said they had Mr. Crowder's coat-of-arms and his name in them, and how could they be his own - he said, "Oh, you will find that out" - he said afterwards that he got them on the Friday before when he was at work at Mr. Crowder's.
Cross-examined. Q. Did not he say he took them to read? A. No - there was no attempt to scratch the name out.
GUILTY . Aged 35. - Transported for Seven Years more .
Before Mr. Serjeant Arabin.
FREDERICK ERICK . I am in the employ of James Brown , who is a linen-draper , living in High-street, Shadwell - on the 6th of February the prisoners came into the shop, in company together, about half-past four o'clock, and asked for bonnet ribbon - I showed them some - Davies purchased two yards and paid for that - I had my suspicions, and went to a different part of the shop and watched them, leaving another man to serve them, and saw Wilson take a piece of ribbon out of the box and put it under her shawl, and then they both walked out - I instantly followed them and brought them in - Davies must have seen Wilson do it - they both walked out together - we called them back - they came in, and I saw Wilson take the ribbon from under her shawl and put it on the counter - we sent for an officer.
WILSON - GUILTY . Aged 18.
Confined Three Months .
DAVIES - NOT GUILTY .
445. MOSES GOULSTON was indicted for stealing, on the 5th of May , 1 saw, value 3s., 1 axe, value 4s., 1 mallet, value 1s., 2 chisels, value 1s., and 1 hammer, value 1s. 6d. , the goods of John Kirby .
Cross-examined by MR. CLARKSON. Q. I believe you were to pay him 4s. a day? A. I was not to pay him for that day - the person belonging to the place was to pay him.
WILLIAM KIRBY . I am the prosecutor's son - I went to fetch the tools home in the evening, and the prisoner would not let me bring them - he said he should come in the morning, and pay my mother the money she had lent him to get some dinner - he said I could not have the tools, for he should come on Monday and finish the job - I saw a hammer, mallet, axe, two chisels, and a saw, in his basket.
ELIZABETH LOVE . The prisoner came to me on the 4th of May, and asked me to let him leave a basket with me - I said I would; and on the 5th of May he came to fetch them; and as he went away he said, "Tell master not to look for me to-morrow, for I am afraid I cannot come - I have a job."
GEORGE TEAKLE . I am an officer - on the 11th of January, through information from the prosecutor, I apprehended the prisoner - I took him to the station-house, and told him it was for taking carpenter's tools - I went and searched his house, found a mallet, with other things, in a basket under his bed - I found the duplicate of an axe pawned in Whitechapel-road.
NOT GUILTY .
Fourth Middlesex Jury, before Mr. Sergeant Arabin.
JONATHAN WILSON. I live at No. 10, Grove-place - the prisoner came, as I was standing at the door, about a lodging - I told him we must have a reference - he said he had an uncle at Stepney-green who would give him a character; and he had come from the country in a great hurry, as an ornamental painter, to a job that an old woman could do; and he could do as much in three hours as other men could do in a day - he said he had come about a long job which might last six months - I said he must wait to see my wife before I could let him the lodging - my wife afterwards agreed to take him; and he came the next night, the 26th of June - on Wednesday, the 3d of July, rather before four o'clock in the morning, my wife jumped out of bed, and said there was somebody overhead - she went up stairs and sung out, "This lodger is at our drawers" - I got up directly and went up stairs - she was in her night clothes - he had gone out then - he slept on the first floor, and I sleep on the ground floor - I saw nothing of him afterwards, for I was so confused - he walked out while I was putting on my clothes - I saw him pass me; but I was half dressed - he said something about being searched - I saw him about three weeks afterwards in the Horns public-house, Whitechapel, and I determined to have him, if I could - my wife spoke to him - I said,"Go, and fetch a policeman: I will have him;" but several of them got up and got round us, and he was off backwards - the next time I saw him was four or five weeks after - I thought I would have him that time, and got a policeman; but he turned up into a back place - I did not like to follow him, for he put his hand in his pocket, and said he would cut my b - y wizen if I followed him - well, on the 26th of December I saw him, and thought I had a fair opportunity to take him - I collared him; and as luck would have it, an officer asked what I was going to do with him - I said he had robbed me; and he would have got away if I had not got hold of his coat and twisted him round; and he was delivered at the station-house - I am as sure he is the man as that I am alive; he sat with me two hours one night talking about Sussex, and how they had hurried him up - I said, "Have you any luggage to come up?" - he said, "I came in such a hurry, what property I have to come up is at my uncle's;" but we had no suspicion of him.
Cross-examined by MR. PAYNE. Q. He told you he was an ornamental painter? A. He did - I am a servant to the London Dock Company - I think it was about four o'clock I was disturbed - the clock struck after I got out of bed - I was in great confusion - my wife went up, and peeped through the key-hole into his bed-room, and saw him get into bed, going from the drawers - she was all in a tremble when she came down-stairs - my wife went up stairs after he was gone, to look into her drawers - she never said it was all right - the public-house I saw him at afterwards was near Petticoat-lane.
Q. What did she say when she came down from looking at the drawer? A. She said she could not tell what was lost till she looked - but we went to bed after that, and I went to work when I got up.
COURT. Q. Did she give you to understand he had robbed her drawer? A. She said she had seen him at the drawer, and he jumped into bed.
MARGARET WILSON . My husband was not at home when the lodgings were taken - the prisoner came with an old man, about ten o'clock in the morning - he said he had seen my husband over-night, and he wished to take the apartment - I took him and the old man up-stairs, showed them I had a good bed, and everything good belonging to it - they looked one at the other - the prisoner said,"What is it a week?" - I said 2s. 6d. - he said he should only want it to sleep in - I said, "Then you shall have it
Cross-examined. Q. He was not there in the day-time? A. No; he only came in once, to speak to my husband - I had seen the lace-net on the Sunday - on Wednesday he came, and on Wednesday-week I caught him at the drawer - I saw it on the Sunday before he came - my husband went down and put his clothes on - I looked to see what was gone, but was so confused - I had put the net at the top of the drawer - the prisoner said when I went up,"You had better look and see whether I have been stealing anything;" and I looked, but could not see then - I just opened the drawer and shut it again - I did not say it was all right - I missed it the very same day that he went - I never said it was a week before I missed it - I never mentioned a week - I have a top room furnished, which I let to a man and his wife - they were in the house, but I always kept the room the prisoner slept in locked - I always locked the door when he went out in the morning, and unlocked it ready for him at night - he never went out till eight o'clock - I was always up before him - I have not seen my black net since - there was a quantity of veils, clothes, and other things in the drawers - the net cost me 30s. - the veils did not lay in the same place - he never called afterwards to pay the shilling - he called on he Saturday following with a man, as my lodger infomed me, but I was not at home, and he knew that - but he did not come into the house.
JAMES THOMPSON . I am a policeman - on Thursday, the 26th of December, I received the prisoner in custody from two Thames police-officers - I went to his lodgings, and received from Mrs. Wilson two skeleton keys and other implements - I apprehended him in Backchurch-lane.
MRS. WILSON. I found these implements under the grate.
Prisoner's Defence. I went to lodge at the prosecutor's about the 20th of June - on Wednesday morning, about half-past four o'clock, the prosecutrix came up to my room and said I was at her drawers; I got out of bed, opened the door, and said she was mistaken - I came down stairs, dressed myself, and told her to go up stairs and see if she missed anything - she did so, and came down before I left the house, and said all was right, but she was certain she saw me at her drawer - I said it was not so - she said she had not seen the articles since the Sunday week before - I presume there is nothing to implicate me in the robbery, as she had other lodgers, and was often out in the day-time.
GUILTY . Aged 35. - Transported for Seven Years .
2nd COUNT, omitting words in italics.
MR. ADOLPHUS conducted the Prosecution.
JOHN HOOPER . I was in the employ of the late Mr. William Mellish - he had no partner - he died on the 27th of January - the property when taken was Mr. Mellish's - Mr. Mellish was the only importer of whalebone in London- it is all brought to his general premises in Millwall, Poplar - on the last voyage none of the bone was brought home cleaned at all, and it must be cleaned on our premises before it goes into the market - we always clean it, we never but once sold bone that was not clean, that is a year ago - there were twenty-two or twenty-three tons of whalebone on the premises - I superintend the business at that place - on Monday, the 6th of January, on the foreman calling my attention to it, I missed a quantity of whalebone - I did not know Lacabenne till he was at the office - I was taken to two huts, six or seven hundred yards from out premises, the next morning, by the officers - two women were found in the house, who answered to the names of Lacabanne and Barkworth - in the yard of Lacabenne's premises was found a trench long enough to contain the longest blade of bone, and in the trench were some small fibres of whalebone, and more about the trench, sufficient to denote that shalebone had been there - Heffer was in custody at that time, but not Lacabenne.
Q. Is the whalebone now produced the same sort and quality which Mr. Mellish had on his premises? A. Decidedly so - I have known the trade twenty-seven years, and never saw bone in that state out of the possession of the importer - it is brought to bear a good polish in our hands.
Cross-examined by MR. DOANE. Q. Some was once sent out in the rough state? A. After the importation of 1832, some was delivered in a rough state, but not in this state.
WILLIAM ROBINS . I am a policeman - on the night of the 6th of January, between seven and eight o'clock, I was on duty at Millwall, and I was watched by Lacabenne and Barkworth - I passed them two or three times - they were close to their own houses - I knew Barkworth, but not Lacabenne, not having seen him before - I was near Barkworth's premises - I afterwards went to those premises - saw two persons calling themselves Mrs. Barkworth and Mrs. Lacabenne - I saw the two men watching me three or four times - I went away, and went down the slant, and
Cross-examined. Q. Where is Mr. Illman's shed? A. About two hundred yards from where Lacabenne and Barkworth live - there is a plank go to over a ditch - carts cannot pass over the ditch - it was there I saw Heffer with the cart - I knew him before, having seen him in his cart - I knew him to be a carman - he said he was out at the time the order was given for the cart to take the goods - I had no my uniform on, but I had my staff in my hand before I stopped the cart.
ARCHIBALD MENZIES . I am an inspector of police - I was on duty at the station-house - Heffer and a boy were brought in custody with the cart and whalebone - I asked Heffer where he got the whalebone - he said from Millwall, that two men employed him, but who they were he did not know - I asked if they had employed him before - he said, "Yes; on several occasions before that" - he was to go to Aldgate church, and from there to Hounsditch - that he did not know the person's name, but he could point out the house - I had the cart unloaded, and told him to drive me to the house - in going by M'Kenzie's house in Hounsditch, he said that it was there he had taken bone to before - M'Kenzie acknowledged, in his presence, that he had seen him before - a dispute arose as to the number of times Heffer had been there - he said it was three or four times - I asked M'Kenzie if he expected bone that night - he said, No: but a Mr. Green had called, and asked if he had some, who said he lived at No. 4, Park-street, Limehouse - I said I thought it was stolen - he said, "To show you I gave a fair price for it, I will show you two receipts;" which he did, and said they were the receipts he had had from Green - I took Heffer back to the station-house - the next day I saw the pit in the prisoner's yard, and took up some of the fibres, which I have here now - there was a considerable quantity more - I have only brought a part of it - I know nothing of Lacabenne - I cannot say whether he ever went by the name of Green.
Cross-examined. Q. Heffer took you to a shop where he had been before? A. Yes; the person is an extensive dealer in whalebone.
THOMAS SMART . I am a policeman - on the 2d of February I went to a house in Collingwood-street, Dog-row, in consequence of information from my brother, in serch of Lacabenne - I found him there - my brother knocked at the door, and Lacebenne's brother-in-law opened the door - I walked in - the prisoner's wife came to the door - I said,"Well, Mrs. Lacabenne, I want Jem" - he was within hearing - I saw him sitting in the front room, with his jacket and waistcoat off - I said I had come to take him - he said,"Very well, wait till I put my clothes on; I will go with you" - in going down Mile-end-road there was a bill in a public-house window - he said, "Is not that a bill offering a reward for me?" - I made him no answer - I had not told him what I took him for - when we got near the station-house, he said, "I know very well they cannot hurt me; I was not the party that stole the whalebone; Bill Barkworth was my master, and he employed me" - this was on the 2nd of February.
WILLIAM JOHNSON . I sometimes go by the name of Max, as my mother has married a person of that name - I was employed by Barkworth to look after a little horse and cart of his - he used to go to sales with his uncle - I used to go with him, to mind the cart - I was at Millwall on the night of the 6th of January - I was in at my tea at Barkworth's while the cart was loaded - that was next door to Lacabenne's - I do not know that Lacabenne is Barkworth's servant - Barkworth was out of the house - I do not know whether Heffer or Lacabenne were there - I was going to Limehouse where I live; and, as I knew the carman (Heffer), I asked him to give me a ride - Heffer did not tell me what was in the cart, nor where he was going - when we got over the bridge, the policeman came up and said, "You are my prisoners" - he got up into the cart, and sat between us both, putting his arm round us both - he asked Heffer where he was going - he said to Aldgate church; and I said I was going to Limehouse - the policeman asked Heffer what was in the cart - he said he did not know - he asked who laid the whalebone in the cart - he said he did not know - the policeman would not let me get out at Limehouse church - he took it to the station-house.
Q. You were sitting down at tea: who gave you your tea? A. Mrs. Barkworht; and just as I was done tea, Barkworth came in, in a perspiration - I never saw him in a perspriation before - when I came out at the door, Lacabenne was in his shirt-sleeves, as if he had been washing himself - they left Heffer to go to town with the cart, and I was to go home - they did not come with me - I did not hear them give Heffer any directions where to go to - I knew Barkworth and Lacabenne by sight - they lived in two huts, one next door to the other - I never saw the trench in Lacabenne's garden - he is a journeyman baker, I understand.
Cross-examined. Q. As you passed by, did not you tell Lacabenne you were going to have a ride to town? A. No; Lacabenne said, "You can go up in the cart, as it is going to town" - I live in Gun-lane, Limehouse - the whale
THOMAS CAMP . I am an oilman, and live in Chiswell-street - Heffer brought some whalebone to my house about the 15th of October - there was nothing suspicious about it at all - it was like what is here, wet and dirty - he came to me a second time, and I asked where he got it from - he said, "At William Barkworth 's," who was with him.
Cross-examined. Q. Do you know Heffer to be a carman? A. I never saw him but twice - I am in the habit of buying goods of Barkworth, and a friend said Heffer would cart goods for me to Limehouse very reasonably.
Q. Did you introduce him to Barkworth as a carman? A. I might have said there was such a man.
Heffer's Defence. The first time I did it, Mr. Camp came with Barkworth to my house.
( William George Watson , colour manufacturer, Limehouse; - Haycock, baker, Fore-street, Limehouse; John Decker , pawnbroker, Three Colt-street, Limehouse; William Lambert , butcher, Limehouse; - Wallis, Liverystable-keeper, Whitechapel; Robert Stein , farrier, Limehouse; William Ticker, oilman, Gun-lane, Limehouse; - Webb, barge-builder; and - Partridge, oilman, Limehouse; gave the prisoner Heffer a good character; and John Thomas , cooper, 17, Lisbon-street, gave the prisoner Lacabenne a good character.)
Mr. HOOPER. The fibres produced by the officer are such as would come off the whalebone in the state this was.
HEFFER - NOT GUILTY .
LACABENNE - GUILTY . Aged 25.
Confined Nine Months .
WILLIAM MATTHEW TENNANT . I am waiter to Mr. Phillips, who keeps an hotel in Hungerford-market - the prisoner came to the house on the 7th of December, and slept there on the 8th - he gave his name as Mr. Williams, and had apartments next to the river, on the second floor - I waited on him on Tuesday morning, the 10th of December, and went up several times - M'Carthy brought this bill, and I took it up to the prisoner, who was in bed at the time - the prisoner eat and drank at the house, and was treated like other guests - I said there was the bill for the parcel which had come overnight (I had seen a parcel overnight myself) - he told me to tell Mrs. Phillips to pay for it at the bar; but Mrs. Phillips not being up, I told her daughter, who sent the servant up for the money - I did not see it paid myself.
Cross-examined by MR. CLARKSON. Q. Did you give the bill into the prisoner's hands? A. Yes, when he was in bed; he read it - I took the prisoner for a gentleman - master expected to be paid for what he had - he gave him credit the same as any other guest. (Bill read.)
"G. C. Williams, Esq., to J. Stowell.
"Goods, 1l. 11s. 6d.
"Paid, M. McCarthy."
ALEXANDER McCARTHY . I am an errand-boy - I have known the prisoner since the 2d of September last - I live at No. 60, Batterson-street, Hoxton - my father and he, I believe, had some transactions together some years ago - this bill is my handwriting - I received at the hotel 1l. 11s. 6d., and gave it to the prisoner - the preceding night, he made up a parcel for me to take to the hotel - I took it on the Monday night, and was to wait to get paid for it - I took it, and Mr. Phillips said, Mr. Williams not being there, he could not undertake to pay the bill - the prisoner had made out the bill - I knew his name was Charteris - I knew he went by the name of Williams then - the prisoner had made up the parcel, and I took it - I brought it back to the prisoner after going the first time, and he said, "You had better take it back, and say that you got great anger from Mr. Stanley, your master, for not leaving it:" and I did so.
Q. I suppose you knew that it was false, and that you were not Mr. Stanley's servant? A. Yes - there was some soiled linen in the parcel, I believe - I directed the parcel - the prisoner copied a direction for me on a piece of paper - I knew it was all false - I had a suspicion of that - I went to the hotel, left the parcel, and said I would call on Tuesday morning for the payment, which I did - the landlady was not up - the young woman brought down 1l. 11s. 6d., which she paid me - the landlord's daughter handed me a pen, to receipt the bill.
THOMAS ABRAHAMS . I am a policeman - I apprehended the prisoner, on the 5th of January; he was given into custody by Mr. Rose, the landlord of Batt's hotel, Dover-street - I conveyed McCarthy and the prisoner to the station-house - I subsequently gained information form McCarthy; indeed, I was induced to make an offer to him, to get a confession from him, and told him it would be better to confess; it was in consequence of that he gave me information; and on that information the prisoner was indicted.
NOT GUILTY .
EMMA ELIZABETH PHILLIPS . My father keeps the Dover hotel - I paid 19s. 6d. on Wednesday, the 8th of December - this bill was produced to me - (looking at it) - we sent a lad up with the parcel that came with it, to the prisoner's room - the servant Tennant brought down a message, and I gave McCarthy the money, and he wrote the receipt - I did not speak to the prisoner on the subject.
WILLIAM MATTHEW TENNANT . I am servant at the hotel - on Wednesday morning, the 8th of December, between ten and eleven o'clock, the boy brought a parcel, and desired me to take it up to Mr. Williams - I took it up, the prisoner was in bed - he read the bill and opened the parcel, but I did not see the contents - he told me to take the bill down for mistress to pay it - I took it down, and my young mistress paid it - I did not see the money paid.
Cross-examined by MR. CLARKSON. Q. How long ago is it since you stole your mother's ear-rings? A. I never stole a pair of ear-rings in my life - I was never charged with it- I was never in custody of the police before this time - I lived at Hoxton; not with my father - for the last five months I have lived (up to the time I was apprehended) with the prisoner - I have lived with him since the 2d of September - I went into his service because he wanted a lad - he has had transactions with my father some years ago, I understood - I lived with my father till September - there is a woman living with my father, she is not my mother - she is a relation of my father's, I understand - there are other children besides me - I was not turned out of my father's house, but my father was in difficulty at the time I left - he was in Whitecross-street prison in May, and I left him to go into service in September - my sister and I were left at home, and my relations - my father kept a baker's shop open, and I was minding it - as he had some houses in Hoxton he opened a baker's shop - he was an accountant - he did business for Jones, a lawyer, in Brunswick-square - I do not know what he did for him - the prisoner was not in Whitecross-street with my father - I saw him at my father's in 1830 - then we lived in Wittenbury-street, Euston-square - my father was building some houses at that time- they are at Hoxton - I do not know where he got the money from - he has got the houses still.
Q. How long have you been leaving parcels at hotels, and waiting to get the money? A. I never did anything of the sort until the 8th of December, when I went to the prisoner - it went on till I was taken up - I did not know it was right - I cannot say I knew it was wrong.
NOT GUILTY .
PHILIP CHASTENEY . I live at Morley's hotel, Trafalgar-square - the prisoner, under the name of Wallis, came to the house on Sunday afternoon, the 22nd of December, to inquire for several gentlemen, who were in the habit of using our hotel, and who had a very few days before left town - he mentioned Mr. Dixon, Lieutenant Gambier, and several others - he said he was a great friend of Lieutenant Gambier>, and should have been very happy with his company - he said he had just come from Brighton, and should want a bed-room that evening - that he was going to dine in Bloomsbury-square, and should be home about eleven or twelve o'clock at night - I said, "Mr. John Wallis left for Ireland last night; are you any relation of his?" - he said, "Yes, to be sure; my kinsman" - on the morning of the 23rd of December - McCarthy brought me a receipt for 16s. and a parcel - I sent the porter up to the prisoner, with the parcel - he came down, desiring the waiter would have it paid for at the bar, and keep the receipt until he came down - I paid the boy the money - the prisoner said he was particularly anxious the parcel should go to Brighton that evening - he inquired where the booking office was, and he walked out with the parcel under his arm, and did not return - I paid McCarthy - the prisoner sent us a very polite note in the evening, to say he should not require the apartments - he paid no bill - we put the parcel down to his account, and gave him credit for it.
EDWARD PARSONS . I took the parcel and bill up to the prisoner - he was in bed - I told him there was a parcel for him - he directed me to draw up the blind, and read the bill to him - he said, "It is perfectly right, my man - take it down stairs, tell them to pay it at the bar" - I took it down, told the waiter to pay it, I left the receipt with Chasteney - I came up, and saw McCarthy going out at the door with the money - I gave the parcel to the prisoner - he took it away under his arm.
ALEXANDER McCARTHY. I received the money, and gave it to the prisoner.
NOT GUILTY .
EDWARD FEARON . I live with Thomas Williams , a draper , in Duke-street, Manchester-square - I heard this merino fall, but took no notice, until I heard the cry of "Stop thief" - I then ran to the door, picked up two or three pieces, and brought them in.
Cross-examined by MR. CLARKSON. Q. Were you before the magistrate? A. Yes - I am not aware at all that two gentlemen came forward and said, the prisoner was not the man who took the things, but a taller man.
WILLIAM WEST . I am a porter - on passing through Duke-street, about half-past seven o'clock in the evening, I saw the prisoner step to Williams's door, and take the merino from a pile - some of the pieces fell on the pavement - I said to him, "Great is the fall," being in the habit of joking with the prosecutor's men - he made no reply; but picked them up, put them under his arm, and went off- I am quite sure he is the person - the goods were standing in the shop - I followed the prisoner, and stopped him in Seymour-mews - the policeman took him in charge - he said, "Let me go, if you please."
Cross-examined. Q. What is your business? A. I am porter to Mr. Hawkins, of Edward-street - the prisoner was the man I apprehended - I did not find any merino about him - I cannot say how far I took him from the shop - I do not remember two gentlemen attending before the magistrate, and saying he was not the man, but a taller man- I will not swear it did not pass - I am sure he is the man who knocked down the things - I have not said I could not swear to him - I never lost sight of him - I was on the same side of the way - I never said I was on the other, to my knowledge - it was a rainy evening - I have been to the prisoner's mother since he has been in gaol.
COURT. Q. How far were you from the prisoner? A. When he took the things from the shop, I was as close to him as I am to those goods, and saw him take them from the pile.
MR. CLARKSON. Q. When you went to the prisoner's mother, did you not say, "Say nothing to the policeman, and I will do it?" A. Not to my knowledge - I do not
THOMAS PROCTOR . I am a policeman - I saw no part of the transaction - about half-past eight o'clock, on the 3rd of January, I heard a cry of "Stop thief," and saw the prisoner coming towards me - when he saw me in front of him, he started down the Mews, and I took him into custody - he was not carrying anything - the property was found at the corner of Edward-street - he was running when I first saw him, and was the first who was running.
Cross-examined. Q. There were several people close by him, were there not? A. Two or three.
DAVID JAMES . I saw the prisoner make his escape from Duke-street along Edward-street, with prosecutor and West following him - he was running - seeing the merino scattered about the road, I picked it up.
Cross-examined. Q. Several people were running? A. I only saw those two.(Property produced and sworn to.)
Witness for the Defence.
RICHARD STORR . Q. Did the witness West ever state to you that the prisoner was not the man, and that he could not swear to him, as it was a dark night? A. He stated it to both me and the prisoner's sister - we were drinking together over the way - I have known the prisoner about three years - he always bore a very good character - I am a plumber, and live in Westmoreland-street, Mary-le-bonne.
NOT GUILTY .
JOHN DARLING. I lived on the 10th February in the service of John Tate and another, cheesemonger s, in Oxford-street - I saw the prisoner come in the shop, put her shawl over a cheese, and take it out - I followed her, and by the time I got to the door, Sanderson brought her into the shop with the cheese - I did not know her before - this is the cheese.
GUILTY . Aged 40. - Confined for Three Months .
NEW COURT, Monday, February 24th, 1834.
First London Jury, before Mr. Recorder.
452. JOHN BENNETT was indicted for stealing, on the 19th of February , 24 yards of cambric, value 9s.; 20 yards of muslin, value 7s.; 28 yards of printed cotton, value 19s.; and 5 shawls, value £3 , the goods of James Courtnell - to which indictment he pleaded
GUILTY . - Confined for Eighteen Months.
JAMES FRANKS. I live at Laurence Pountney-lane - I have one partner - the prisoner was in our service as porter , and had been so for four or five years, - he had 10s. a week; but did not lodge in the house - on the 25th of January I told him to put one cwt. of coffee in a bag - it was for a person named Dickinson, in the Old Kent-road, but was to be left at a house in Thames-street till called for - when he made up the bag I had some suspicion, and sent him out - I then examined the bag, and found in it a smaller bag, with 37lbs wt. of coffee in, which was separate from the bulk - there was 1 cwt. besides the 37lbs. - when he came back I did not mention it to him, but sent him with the bag of coffee to Thames-street.
JOSIAH EVANS . I am a beadle - on the 25th of January, I followed the prisoner from Mr. Franks, to a coffee-roaster's in Thames-street, with the bag - he came out again with a smaller bag on his shoulder, which he carried to Mr. Lys's shop, a hair-dresser in Cousin-lane - he left the bag in the shop, and went away - I did not stop him, but went into the shop, and got the bag, which has 37lbs of coffee in it.
MICHAEL LYS . I live in Cousin-lane - I have known the prisoner two years - on the 25th of January he came to my shop and brought this bag - I did not know what it contained, but he desired me to let him leave it till John called for it - he did not give any reason for leaving it - I live nearly a quarter of a mile from Thames-street - the officer came in and asked for the bag - I said, if he would give his name and address, he should have it - he took the same bag away which the prisoner left.
MR. FRANKS. We have such bags as this small bag - the bulk of the coffee was the same as this in this bag - the prisoner had before been a very steady youth - I believe he has been the dupe of our carman.
GUILTY. Aged 18. - Recommended to mercy by the Jury and Prosecutor . - Confined Three Months .
JOHN DAVIS. I live in Isabella-place, Camberwell-new-road - on the 18th of February I was on London-bridge , between twelve and one o'clock - I felt a touch on my right coat pocket - I put my hand down, my handkerchief was safe, the prisoner Nathan passed by me and said, "I beg your pardon, Sir;" I passed on, and, on going down the steps, leading to Thames-street, I heard some one say,"That boy has picked your pocket, Sir!" - I missed my handkerchief, and went down the steps and caught Nathan at the foot - I accused him of having my handkerchief, and recognised him as being the boy who had spoken to me the bridge - I saw Mr. Ramsdale coming down the steps, with my handkerchief in one hand, and the other prisoner in the other - this is the handkerchief - it has my initials on it.
MATTHIAS RAMSDALE . On the 18th of February I was on London-bridge - I saw Nathan pass the prosecutor, and touch him as he has described - I then saw the two prisoners together, following the prosecutor, and, on the pro
Divine's Defence. I was coming over the bridge, and I saw a man on the steps with oranges - I went to buy one, and this gentleman called on the prosecutor, who brought up the other prisoner, and the gentleman took hold of me.
Nathan's Defence. I was going down the steps, and the prosecutor took hold of me, unbuttoned my coat, and asked if I had a handkerchief.( Charles Bengelott , a waiter, gave the prisoner Divine a good character.)
DIVINE - GUILTY. Aged 14.
NATHAN - GUILTY. Aged 13.( Recommended to mercy by the Jury on account of their youth .) - Transported for Seven Years .
WILLIAM ELGER . I am shop-boy to Mr. Zachariah Foster, a boot-maker , Newgate-street - between six and seven o'clock on the evening of the 9th of January, I saw the prisoner put one foot on the step of the door, and take a pair of boots off the shutter, and go off with them - they had been inside - I went after him, and gave him in charge - the boots were under his coat - they are my master's.
Prisoner's Defence. I have no parents nor friends - I leave it to the mercy of the Court.
GUILTY .* Aged 23. - Confined Four Months .
HENRY PHILIP DIXON . I live in Simmond's-inn - on the evening of the 6th of January I was in Fleet-street , with Mr. Dawson - I wanted my handkerchief; and when I put my hand on it, I felt a tug at the pocket, and missed my handkerchief - I turned, and saw the prisoner and another with him - I caught hold of the other, and the prisoner went towards the wall - Mr. Dawson took hold of him, and took the handkerchief from him - it has my initials on it.
Prisoner. Q. Did you not say, in the public-house, that you were not certain I was the boy ? A. No: I did not say any such thing.
Prisoner's Defence (written)."I heard a scuffle behind me; I turned round, and saw the prosecutor lay hold of the young man that was behind him, and told witness to lay hold of the boy; the witness came and laid hold of me, and said he saw the boy run away. I was between twenty and thirty yards before the prosecutor and witness, at the time the prosecutor lost his handkerchief; the prosecutor said he felt a tug at his pocket, and he turned round and caught hold of the young man that was given in charge with me."
GUILTY .* Aged 22. - Transported for Fourteen Years .
456. SARAH FULLER, alias Mary Matthews, alias Hunt , was indicted for feloniously uttering a false and counterfeit half-crown to James William Ferguson , she having been previously convicted of a like offence .
MR. ELLIS conducted the Prosecution.
CALEB EDWARD POWELL . I am solicitor to the Mint- I produce the record of the conviction of Sarah Fuller , at the Middlesex May Sessions, 1833, for uttering counterfeit coin - I examined it - it is correct (read).
HENRY HARWAR . I am a law-stationer, and live in Furnival's-inn gateway - on the 11th of January the prisoner came into my shop, and asked for two quires of outside letter paper - it was between twelve and one o'clock - I gave her one sort of paper which she said was not right- I then gave her another sort, similar to what had been given to a woman who had been in just before, and given me a bad crown - the paper came to a shilling - the prisoner gave me a crown-piece - I said it was bad - she said she did not know it was bad - I sent for an officer - he found no coin on her - I gave the officer the crown I took from the prisoner, which I had had in my hand from the time the prisoner gave it me - she gave her name Mary Matthews .
Prisoner. I offered this gentleman a crown-piece - he called in the beadle, and gave the crown to him; the beadle went out with it, and was out some time with it - he had not marked it before he gave it to the beadle. Witness. I gave it to the beadle, but he did not take it out - he returned it to me - he did not leave the shop with the crown-piece - he left the shop before the officer came - I sent my apprentice for the officer - he had the crown in his possession about a minute and a half - he did not put it in his pocket.
JURY. Q. What was your object in sending for the beadle? A. I thought he would take her, but he recommended that I should send for the officer - I had marked the first crown-piece.
HENRY HARWAR. I had marked one of these, but I cannot see the mark now - I took one of these crowns of the prisoner.
JAMES WILLIAM FERGUSON . I am assistant to Mr. Patrick, an oilman, in Newgate-street - on the 31st of January , about six o'clock in the evening, the prisoner came into our shop, and asked for a ball of cotton, which came to 6d. - she gave me a half-crown, which I saw was bad - I took it into the counting-house, and showed it to the clerk - he looked at it, and gave it me again - I took it into the shop, and gave it to the prisoner - Mr. Freemantle, the clerk, followed me; and he asked the prisoner to let him look at it again, which she did - I had not lost sight of it from the time I gave it back to the prisoner till she returned it to the clerk - she was then taken, and the half-crown given to the officer.
WILLIAM HENRY FREEMANTLE . I am clerk to Mr. Patrick - Ferguson brought the half-crown into the counting-house to me - I looked at it, and returned it to him, and I saw him return it to the prisoner - it occurred to my mind that the prisoner was aware of its being bad, and I asked her to return it to me, which she did - I asked her her name - she said, Mary Hunt , and she had taken it for work which she had done for Mr. Biddle, of Bishopsgate-street, and she stated herself to be a shoe-binder - I told her I was certain she knew it was a bad one, and I should not return it to her - she said she hoped I would; that I might mark it, or cut it, or do anything, but she hoped I would return it to her - I beckoned in the officer, and gave it to him.
GEORGE ARDEN (City police-constable, No. 36). I took the prisoner, and received this half-crown, which I marked, and kept by itself - I had no more counterfeit money - I found a few halfpence on the prisoner at the Compter.
GUILTY . Aged 25. - Transported for Seven Years .
MR. SCARLETT conducted the Prosecution.
SARAH JONES . I am the wife of Edward Jones - we live in Cloth-fair - he is a dairyman - on the 22nd of January , the prisoner came to the shop and asked for a pennyworth of milk - he offered me 1s. to pay for it - I did not like the sound of it, and bit it with my teeth, to see if it was a good one - I then gave him the change, and he went away - I put the shilling into my pocket where I had only one other shilling, which I had taken just before, and this one was not bitten - the prisoner came again in about a quarter of an hour, for a penny egg - he gave me another shilling - I did not like it, and sent it down to my husband by my son - my husband sent me up change, and came up himself, but the prisoner had then left - on the 24th of January, which was two days after, the prisoner came again, and my husband called to me to give him change for half-a-crown, and asked me if it was a good one - I said I did not think it was - I told the prisoner he was the very person who had given me the shillings the other day - he said he had never been in the shop before, but I am quite sure he is the person, and we sent for the officer - the shilling which I had bitten, and which I received of the prisoner, I had put in a paper and carried it up stairs, and I gave that and the half-crown to the officer - I did not see the prisoner bring the half-crown.
Prisoner. I know nothing of the shilling.
EDWARD JONES . I am husband of this witness - on the 22nd of January, my son brought me a shilling - I afterwards went up stairs, and saw the prisoner's back going out of the shop, but I did not see his face - I went after him, but could not find him - on the 24th, the prisoner came and asked me for three pennyworth of eggs - I served him, and he gave me half-a-crown, and he was very careful how he put it down on the counter - I called my wife from the parlour to give me change - I asked her if she thought it was a good half-crown - she said, no, she did not think it was; and she turned to the prisoner and said, "You are the very person who brought the shillings the other night"- I sent for the officer, and gave him the half-crown and the shilling which I got of my wife.
Prisoner. I never took the shilling - I did not know the half-crown was bad.
GUILTY . Aged 19. - Confined Six Months .
MR. SCARLETT conducted the Prosecution.
CHARLES WALLER . I am a serjeant of the City police, No. 71 - on the 15th of February I went to the Coopers' Arms, West Smithfield - I found the prisoner and several others standing against the bar - I took the prisoner and two more whom I knew - I put my hand into the prisoner's coat pocket and found this glove - I saw the edge of four or five crown-pieces in it - I examined it at the station-house, and found it contained five crowns, six half-crowns and some shillings.
Prisoner. Q. Were there not several persons there whom you knew to be persons of this description? A. Yes - I received information that there were persons there passing bad money - there were others near you.
COURT to CHARLES WALLER. Q. Had you received information that at any particular time you would find persons there? A. No: I had received information a week before, but I went that day by chance - I found two sixpences and 4d. in copper on him, which were good.
Prisoner's Defence. I must acknowledge the case against me is very black; but I most solemnly protest my innocence - I went to have half a pint of beer, and had occasion to go backwards; I saw this glove on the seat, and put it into my pocket, not knowing what it contained - I mentioned to a person that I had found it, and the officer came in and took me.
GUILTY . Aged 32.
Confined Eighteen Months, without Labour .
HENRY PHILLIPS and JOHN NORRIS were indicted for feloniously and burglariously breaking and entering the dwelling-house of George Langman , on the 26th of January , about the hour of six in the night, with intent to steal , &c.
MR. CLARKSON conducted the Prosecution.
GEORGE LANGMAN . I keep the White Bear, Bride-lane - the prisoner Norris was in my service - Phillips had been two months in my service, and left me about three weeks - on the 25th of January I left Huckle in my bar when I went to bed, about five o'clock in the morning.
JOHN HUCKLE . I was placed in the bar, and heard a person come down at half-past six and strike a light, and in a quarter of an hour or twenty minutes I heard a knock at the door, and saw the prisoners in the passage, but it was then daylight.
NOT GUILTY .
JOHN CAMP. I live at Waltham Cross, and am a timber merchant - I have one partner - we had nineteen sheep inclosed in a turnip-field at Enfield - my brother sold two of them, and the other seventeen were there - I know them by their marks - we missed them on the 20th of January, about nine o'clock in the morning - I came up to Smithfield and found the sheep - the sheep had been enclosed with hurdles in the field, and when I went and missed the sheep, one of the hurdles had been removed, and another broken down - thirteen of the sheep were marked J. C., and four were marked with two strokes of red ochre across the rump - I have had fifteen of them, and two skins are in the care of the officer - they were worth 25l.
JOHN LIVERSUCH . I live in Gun-court, St. John-street- on the 20th of January, between six and seven o'clock in the morning, the prisoner brought seventeen sheep to the pig-market, and told me he wanted a salesman to sell them- I told him my master would sell them, and I put them into a pen - he said they belonged to his father, whose name was Camp; but as he did not look like a shepherd or a drover, and he seemed rather flurried, I suspected him - I told the officer, and he was taken.
GEORGE LOCK . I am an officer - I took possession of the sheep, and put them into the Bear and Staff yard - I asked the prisoner whose they were; he said Mr. John Chapman 's, of Cheshunt-common, who was his father - Mr. Burrell saw the sheep, and said, in the prisoner's hearing, that he thought they were Mr. Camp's, and I detained the prisoner - Mr. Camp saw the sheep in the afternoon, and claimed them - I found the prisoner had given his wrong name, and I told him what his name was - I have the skins of two of the sheep.
Prisoner. I saw a man who asked me to go to market with the sheep; he said he would go with me, but I lost him.
GUILTY. Aged 27. - Strongly recommended to mercy by the prosecutor, as a little drink affected his mind . -
Transported for Life .
460. JOHN WILLIAMS was indicted for feloniously and burglariously breaking and entering the dwelling-house of Charles William Stevens Paget , on the 19th of February , about the hour of six o'clock in the night, with intent to steal, and stealing therein 6 bed-curtains, value 6s.; 22 doyleys, value 2s.; 2 pair of gloves, value 6d.; 8 nightcaps, value 6d.; 1 shawl, value 1s. 6d.; 3 pocket-handkerchiefs, value 9d.; and 1 bag, value 1s.; the goods of Charles William Stevens Paget .
CHARLES WALLER (City-police-constable, No. 71). On Wednesday evening, the 19th of February, I saw the prisoner in Holborn, at nearly half-past six o'clock, with this bag - I asked what he had got - he said he did not know, he was going to sell them for old rags - I asked where he brought them from - he said, from No. 20, Plough-court, Fetter-lane, where he said he lodged with his mother, in the second-floor back-room - I went there, but it was not true - I found in the bag the articles stated.
CHARLOTTE PAGET . I am the wife of Charles William Stevens Paget - we live at No. 44, Fetter-lane , and keep the house - On the 19th of February, I saw the prisoner in the passage at six o'clock in the evening - I saw the sack lying in the passage - I asked him if it was his sack - he said, "Yes" - I had a candle in my hand - I looked at him and said, "You do not belong to the house" - he said,"No - I came in from the street to go into the yard" - the street-door was open, we cannot keep it shut, as we have six families and a school in the house - I lighted him out- I found a window had been forced open which looks into the yard, and leads into our bed-room - it was dusk, but I think I could have seen a person by the light of the day - I missed the articles stated - there was a screw outside the window that had been forced through, and half of the window completely taken out - I missed these things from a closet in the bed-room - they are my husband's, and worth 10s.
GUILTY of Stealing only . Aged 17. - Transported for Seven Years .
461. DENNIS SULLIVAN was indicted for burglariously breaking and entering the dwelling-house of John Earl , on the 2nd of February , about the hour of six o'clock in the night, with intent to steal, and stealing therein, 1 counterpane, value 3s.; 2 blankets, value 7s.; 1 scarf, value 3s.; 1 pair of shoes, value 1s. 6d.; 1 sheet, value 1s.; and 1 tippet, value 6d., the goods of John Earl .
ANN EARL . I am the wife of John Earl, he has no other Christian name - on Sunday, the 2nd of February, I directed the shutters of my ground-floor window to be fastened a little after five, and my girl went down and shut the shutters, and fastened only the bottom bolt - our house is No. 1, Peter-street, Bishopsgate - part of it is a warehouse, and we live in the other part of it - soon after six o'clock, my husband was going out; he called for a light, and I went down, and found the window open, the curtains broken down, and my night-cap and several ribbons were about, which appeared to have been dropped - it was then quite dark; and when I sent down to shut the shutters, it
ELIZABETH EARL . I am fourteen years of age - my mother told me to shut the shutters that night, which I did - there is only one window to that lower room, which looks into the street - I bolted the bottom bolt of the shutters - it was then a little after five o'clock - it was dusk, but I could see people's faces in the street - these bedclothes were taken from the bed in that room - no one could have got there, without getting in at the window.
MOSES POLACK . I am servant to Mr. Isaacs - he lives in Harrow-alley - on the 2nd of February I was coming from my master - I was in a court at the back of his house, which has no name - I fell over something - I opened my master's back-door, and called for a light - my master brought a light, and I saw the prisoner standing against the wall - I said, "Where did you come from?" - he said,"What is the matter here?" - I caught hold of him, as I thought he had been robbing my master - when my master came, he took him, and I got an officer, who took the prisoner - the things were about one yard from the prisoner - it was then between six and seven o'clock, nearer seven than six.
Prisoner. Q. Did not you see me before you tumbled over the things, and did not a woman collar me first? A. When I called my master to come out, a woman came - I did not see you come up the court, you was up the court - I caught you in the middle of the court.
COURT. Q. When you tumbled over the things you had not seen the prisoner? A. No; I opened my master's back-door, and called out, "Master, you are robbed" - I then saw the prisoner, and seized him - he could not have come up there after I called - he must have passed me if he had, and no one did pass me.
HUGH COLLINS . I am a night patrol of St. Botolph Without Bishopsgate - I know Little Peter-street - it is about a quarter of a mile from the court, which Polack has described - I was called, and took the prisoner - he was about two yards up the court, and these things were on the pavement by him - the court may be five or six feet wide - no one could have gone up that court without a person who was at Isaacs' back door seeing him - the court is no thoroughfare, it only leads to Isaacs' house, and one other - these are the goods.
Mrs. EARL. These are my property - I had made the bed at half-past four, and then saw them all safe in the room - I had trusted my daughter to shut the shutters before - the left hand shutter had been forced in, and the bolt had been lifted up with a finger or a piece of wire - there was a bolt at the top, but it went very hard, and could not easily be shut.
Prisoner's Defence. I was returning from Whitechapel, and heard the voice of two or three persons crying out - I hastened to the spot, and saw the witness talking to a woman - I stood there two or three minutes, and all on a sudden the man turned and seized me.
NOT GUILTY .
MARIA PIKE . I live at No. 12, Blewit's-buildings, Fetter-lane - I am the wife of James Pike, but he has not lived with me for eight years - the prisoner is my daughter, but was not living with me - she had no authority to pawn anything of mine - on the 10th of February I was out at work till twelve o'clock - I have since seen the sheet, which I had lost - it was pawned - the prisoner had been in the street with some abandoned characters - she had left her place and parted with all her new things.
GEORGE FREDERICK SHEPHEARD . I am shopman to Mrs. Armstrong, a pawnbroker, in No. 38, Baldwin's-gardens - I have a sheet pawned on the 10th of February, for 2s., by the prisoner, in the name of Susan Pike , No. 12, Leather-lane.
MRS. PIKE. This is my sheet - it has my mark, and I hemmed it at the sides - the prisoner had left me on the Wednesday before to go to a situation - I fetched her out of the Compter, where she had been for an assault, and she went to Mr. Marchant's, an officer, as she had no character - they came to me on the Saturday night afterwards, and said she had left - I found her at the corner of Castle-street, Holborn, on the Monday night, with a girl of the town.
GUILTY . Aged 19. - Transported for Seven Years .
First London Jury, before Mr. Common Sergeant.
GUILTY. Aged 38. - Recommended to mercy by the prosecutor . - Confined One Year .
464. BARTHOLOMEW GRALY and SAMUEL NUNNERY were indicted for stealing, on the 4th of January , 160lbs. weight of lead, value 26s., the goods of George Webb and others, their masters ; and HANNAH BELLAMY was indicted for receiving the said goods, well knowing the same to have been feloniously stolen , &c.
MR. BODKIN conducted the Prosecution.
GEORGE WEBB. I am a builder , and have two partners - we live in St. John-lane, Clerkenwell - we had some works going on in the neighbourhood of London-bridge - Nunnery was foreman of the plumbers , and Graly was his labourer - we had a great deal of sheet lead on our premises, and Nunnery had access to it - on the 4th January, J. Eveson, the officer, gave me some information, and I saw some lead at Guildhall - I saw the two men in custody - I said to Graly,"How came you to take that lead; what did you do there, it was out of your way?" - he said, "I knew the woman that kept the house, and I went to rest there, as it was a heavy load" - I know Fleet-lane - it is out of the way in going from our premises to London-bridge - I cannot swear to the lead.
Cross-examined by MR. PHILLIPS. Q. What quantity of lead was there wanting for the job they had to do? A. I cannot tell - I could, if I had measured the space they had to cover - I am sure it did not require all this lead - I can tell by
Cross-examined by MR. CLARKSON. Q. Nunnery is the foreman plumber? A. Yes, it is his business to superintend the lead work on the premises I was working on, at the London-bridge end of Cannon-street - this was the completion of a lead flat - I had been there, but I cannot tell how lately before this happened - it was left to Nunnery to judge what lead was wanted - I cannot say whether this was cut from larger sheets on my premises, but they were seen to take them from my premises - I saw the place that remained to be covered since this happened - I cannot tell when I had seen it before - the lead the prisoner had is about 11/2 cwt., not more, I dare say - my premises are more than a mile from the place they were at work at - what they appeared to me to want was not so much as this - they should have carried the lead jointly - Nunnery has been in my service nine or ten years.
MR. BODKIN. Q. You had not been at the building at any time which you can recollect before, but when the prisoners were apprehended you went? A. Yes - I can judge by looking at a flat what is wanted to cover it - I judge this lead is more than was wanted there - neither of these men had any authority to carry it to Fleet-lane.
THOMAS BLACKHAM . I am in the employ of Messrs. Webb - on the 4th of January I saw the two male prisoners leave their yard, at a quarter past seven o'clock - Graly carried a bundle - I did not see Nunnery take anything.
Cross-examined by MR. PHILLIPS. Q. Do you know the job your masters had to do at London-bridge? A. Yes, I worked at all the houses - there were two of them unfinished - there was lead required there, but I cannot tell how much - I am no plumber.
Cross-examined by MR. CLARKSON. Q. How long have you known Nunnery? A. Two or three years; he is subject to the gout, and not able to carry much.
JOSEPH EVESON . I am a patrol of St. Sepulchre's - on the 4th of January I was on duty in Fleet-lane, about seven o'clock in the morning - I was about thirty yards from the prisoner Bellamy's house - but I had before that seen the two male prisoners in the Old Bailey - Graly was carrying a roll of lead, and Nunnery was by his side - they separated, and Nunnery went down Fleet-lane, and Graly went down New-court, and came into Fleet-lane - he there passed Nunnery, and went into Bellamy's, which is one door from New-court - I went to the door, and sent to the watch-house for assistance, and Carlon came to me - Nunnery had been standing at the end of New-court, but he was then gone - I then went into Bellamy's house, and saw Graly sitting on a chair by the side of the fire-place; and Bellamy and another female were in the shop - it is a dealer's in marine stores - there is a counter, and Graly was on the right hand side of it - and the two females were on the other side - this roll of lead was on the ground, by the side of Graly - Bellamy said, "What is the matter?" I said I suspected that lead was not right - she turned to Graly and said, "How can you come here, when I have so often told you not?" Carlon then came in, and I told Graly to go with him to the watch-house.
Cross-examined by Mr. PHILLIPS. Q. Did Carlon take Bellamy? A. No, another officer took her afterwards.
Cross-examined by MR. CLARKSON. Q. How near were you to Graly when he went into the house? - A. About thirty yards - it was at seven o'clock in the morning - it was not light - I had never seen Nunnery before - I saw their backs and their faces, for they passed me - it was not pitch dark - it was day-break - Nunnery was within one door of Bellamy's shop when Graly went in - I did not take him, because he was not carrying anything - I afterwards took Nunnery in West-street, Somers-town - I believe it was his own house - I saw a young woman there - he was at breakfast - I said, "I want you;" and I gave him to a police-officer - I said nothing more to him there, I am sure - there was no woman taking breakfast with him when I went in; but Carlon went in first - I did not ask him if his name was Nunnery; nor did Carlon, to my recollection.
Q. How did you know he was the man? A. By seeing him, and Mr. Webb saying he was the man - I believe I did say, "I believe you are the man I want;" but it was not in the room: it was in the street - I might have said it in the room; but I do not recollect - I do not recollect that I said, "You must come along with me" - Carlon said that - I do not recollect his saying he was very willing - I did not hear him say he would go anywhere - I recollect he asked what was the matter - he came willingly with us - he did not say he was taken ill on his way from his master's to the building, and was obliged to go home; but the men at the building said so.
COURT. Q. Did you go to his house in consequence of what the men at the building said? Q. Yes; they told us we should find him there.
MR. BODKIN. Q. At what time did you find him? A. At half-past ten o'clock - I had previously been to the buildings for him.
JOHN CARLON . I am a patrol of St. Sepulchre's - I was sent for, and went to Fleet-lane - Eveson was at the door of No. 21 - he told me to go to the corner of Newcourt - I went there, and came back to him in the house - I asked what it was - he said he thought this lead was not right - I took Graly to the watch-house, and then went back to Bellamy's - she was dressed a little more than to cover decency - I asked her how she was to come by this lead - she said at the rate of 10s. a cwt. - I then got an officer, who took her; and I took the lead to the watch-house - this is the lead.
Graly. Mr. Webb did not ask me any question in Guildhall.
MR. WEBB. Yes, I spoke to you - there were several persons there - you were Nunnery's labourer, and went by his orders.
Graly's Defence. I was employed by Nunnery - he told me he wanted a quantity of lead to go to London-bridge - I found him at the shop cutting the lead - I carried it to Smithfield-bars, and then told him I was getting tired - he said I had further to go - he then said he wanted to call by the Old Bailey, and told me to go to No. 21, Fleet-lane, and he would come to me presently - I went to the house, set down my lead, and the officer came in and took me - I told him who I worked for, and to go to my master; Nunnery was at the top of the lane, and saw me taken - whether he had any object in view I do not know.
NOT GUILTY .
JOSEPH POLDEN was indicted for feloniously receiving, on the 25th of January , of an evil-disposed person, one 10l. and 16 5l. bank notes, the monies of Elizabeth Clarke , which had been then lately stolen, he well knowing the same to have been feloniously stolen , against the Statute, &c.
2nd COUNT, stating them to be the property of Benjamin Worthy Horne, and others.
WILLIAM WILSON SCRimgEOUR . I live at No. 12, Michael's-grove, Brompton - on Saturday, the 25th of January, I took a parcel containing eleven 10l. notes, nineteen 5l. notes, and three sovereigns, to the Cross Keys, Wood-street, directed for Mrs. Elizabeth Clarke , of Wigginton-lodge, near Tamworth, per Chester mail - I delivered it to Watson, the book-keeper - the 10l. notes were from No. 19,545 to 19,550, dated 22nd November, 1833, and from 19,851 to 19,855, of the 27th of November; the 5l. notes were from 39,269 to 39,286, all of the 27th of November, and one single note, No. 5,914, dated the 14th of November.
Cross-examined by MR. ADOLPHUS. Q. Did you make that memorandum at the time you packed up the notes? A. Yes - the parcel was not out of my sight till I delivered it into the coach-office; it was directed for Mrs. Elizabeth Clarke, Wigginton-lodge, near Tamworth, per Chester maill - I have not seen her since - I sent it by directions from her - I have heard from her since respecting the parcel - I do not know the prisoner - I took the parcel about four o'clock in the afternoon.
ROBERT WATSON . I am book-keeper at the Cross Keys - I recollect the parcel being booked, but I do not recollect it being brought - I have entered it to go by the Chester mail - it is entered in the way-bill by the copyingclerk - the porter who tallies the parcels by the way-bill is here - I know the prisoner; he came every evening to fetch Norwich parcels out for the guard of the Norwich Magnet coach, which stops at the corner of Wood-street - he generally came about ten minutes past six o'clock.
WILLIAM HENRY STATHAM . I am porter to the Chester mail - I brought twelve parcels out of the officer that night, and twelve I put into the coach about twenty minutes before eight o'clock - there were twelve parcels down in the way-bill - I did not see the prisoner that night.
JOSEPH COWPER PHIPPS . I am shopman to Mr. Coulson; he is a linen-draper, and lives in Blackfriars-road - on Saturday, the 25th January, about ten o'clock at night, a man came and bought a shawl and a print dress; he gave me a £10 note to pay for it - I do not know the number of it, but I should know the note again - this is it - I suspected it to be bad, and my master took down the man's address - it was not the prisoner - this note is No. 19,545, dated 22d Nov. 1833.
Cross-examined. Q. Your master's shop is in Surrey? A. Yes - this is the print and the shawl, to the best of my belief - we have sold many of these - the pattern has been on the town about four months, and other shops have sold them.
DANIEL FORRESTER . I took the prisoner on the 7th of February, about seven o'clock, when he left the Norwich Magnet coach in Bishopsgate-street - I asked him if he was a porter belonging to the Norwich Magnet - he said, "Yes"- I said, "Do you recollect my delivering a parcel to you?" - he said, "No" - I said, "Never mind, walk to the Mansion-house with me, and we will talk about it;" when we got there I asked him where he lived - and he said he rented two rooms on the first-floor, at No. 2, Duke-street, Blackfriars - I went there with Phipps and the prosecutor - the prisoner's wife was not at home, when we first went, but she came in afterwards, with the shawl on her shoulder - I found this gown-piece in a box in the back-room - I found forty sovereigns in a box, and a purse with some duplicates in it.
Cross-examined. Q. When you took him, he told you you would find his wife there, and gave you his address? A. Yes - I do not know that the woman was his wife - Duke-street is the third or fourth turning down Stamford-street.
COURT. Q. Did you say anything to the prisoner, after having seen the woman? A. No - one of the duplicates I found had the name of Polden on it.
CHARLES JAMES BEETSON . I am clerk in the teller's office in the Bank of England - on the 27th of January, about half-past 9 o'clock, ten £10 notes were brought in - the numbers of them are not entered in this book, which I keep - I only enter the amount and the person's name, and write on one of the notes - they were paid to the name of Jones, and the note marked is No. 19,547 - it was not the prisoner who brought them - about one o'clock the same day, a man named Warner brought several £5 notes, one of which I marked, it is No. 39,281 - he asked for sovereigns for them, and I paid him eighty sovereigns.
WILLIAM WARNER . I am a porter, and stand at the Saracen's-head, Aldgate - on Monday, the 27th of January, I was there, and the prisoner came up to me; he asked if there was a ticket-porter there - I said there was not, but asked if it was anything I could do - he said he had some notes he wanted changed at the Bank for gold- I told him, if he mistrusted me, he might inquire my character anywhere, as I had been on the ground sixteen years - he said, "Well, come with me, I am going to the East India Arms Chop-house, in Fenchurch-street, to have a mutton-chop" - I went with him, he asked the waiter if he knew anything of me - the waiter said he did not - the prisoner said he had some notes he wanted changed for gold - the waiter said he dare say it was all right, and the prisoner counted sixteen £5 notes, in his presence, but I cannot tell the numbers - I am no scholar - I took the sixteen notes, and got eighty sovereigns for them at the Bank - he gave me this bit of paper with an address on it, which I was to put upon the notes - it is,"Mr. W. Thompson, Ospringe, Kent" - I went to the Bank, and as I could not write, I asked a gentleman there to put my name on one of them, which he did, - I delivered them to the clerk, he gave them back to me, and Mr. Beetson gave me the money - I was going back, and when I got to the East India House, I asked one of the porters what the address on the note the prisoner gave me was; a man tapped me on the shoulder, and he went with me to the East India Chophouse - I do not know who he was - when I got there, the prisoner was not there; and the man who went with me said, "Sit down, he will be here in a minute" - the prisoner came in about two minutes - I gave him the money, he
MR. BEETSON. I believe this is the man I paid the eighty sovereigns to.
RICHARD CLEMENTS. I am coachman of the Chester mail - I only know that there was no such parcel in the coach when we got to Tamworth - nor was there at Hinckley, where we breakfast - it was on the way-bill, but not in the coach.
MR. SCRimgEOUR. I lost £208 in all.
GUILTY . Aged 28. - Transported for Seven Years .
OLD COURT. Tuesday, February 25, 1834.
Second Middlesex Jury, before Mr. Serjeant Arabin.
JAMES CORNS. I am gardener to Mr. Bruce, of Notting-hill - I knew the prisoner was servant to Mr. Coton, who lives at Chelsea; but knew very little of him - this hay was at Notting-hill - I had seen him driving Mr. Coton's cart - I wanted to buy some hay, and on the 2d of October I saw the prisoner at night, and asked him how they were selling their hay, at what price - he said they were selling it at four guineas, and 4l. 10s. a load; and asked if I wanted some - I said I wanted half a load - he said he would let me have half a load for 2l. 2s. - I said I would see him next morning - he said he should be in the stackyard - I went there, and saw him at last; and he delivered half a load of hay to me - I paid him 2l. 2s. - this was on the 3d of October.
EDWARD COTON . I am a farmer, and live in George-street, Sloane-square - I have a farm at Notting-hill - the prisoner has been about fifteen months in my employ as carter - I attend the market myself and sell my hay - he never sold hay for me with my consent, nor on my account- he was merely to drive it to market - I heard of this circumstance on the 3d of January, not before - the hay-cutter and another man told me of it - the prisoner had been turned away on the Saturday before; that is, he went away - he never paid me the two guineas, nor ever told me he had sold the hay - he was not authorized to sell it on my account.
Cross-examined. Q. Have you brought your book here? A. No: when the hay is sold on credit I put it down - I took him up on Tuesday, the 3d of January, and he was tried in the other court.
Q. Had he summoned you? A. No: he had been taken up two days before I had the summons - the hearing on the summons was on the Thursday in the same week - I knew nothing of the summons when I took him up - he summoned me for his wages - I have not paid the wages - he summoned me for 14s. 3d. - I owe him that, but I consider he has robbed me quite enough - I did not make that a debt - if he was sent with any hay, and the people paid him, he should pay me.
JURY. Q. If he did not receive the money, did not he say he had sold the hay, and who to? A. Never.
COURT. Q. If he took a load of hay to town, and sold in the neighbourhood, that would have been put down in the book, if he told you of it? A. Yes; there was two loads put down that day, but not this half-load.
WILLIAM COPUS . I am hay-cutter to the prosecutor - I remember, about the 3rd of October, cutting half a load of hay, by desire of the prisoner - it was put into my master's cart - I cannot tell where it went to - he told me he would give me a pot of beer to get up early in the morning to cut it - we drank the beer between us - I was paid for cutting the load.
Cross-examined. Q. Who paid you? A. My master, on Saturday night - the hay went away at eight o'clock - it was broad daylight - my master's name was on the cart - I cut hay for the prisoner whenever he desired me.
SAMUEL GUNN . I took the prisoner into custody, on the 1st of January, at ten o'clock at night - he asked what he was taken for - I asked if he knew anything about selling half a load of hay for two guineas, and not giving an account of it - he said he had taken half a load of hay, and sold it for two guineas, but he paid his master for it in Hungerford market, when he took two more loads.
NOT GUILTY .
JEMIMA ROBERTSON . I am the wife of James John Robertson, who is a furniture-broker - on the 10th of February, the prisoner came to our shop, in Hayes-court, Greek-street - he came to the door, took an opera-glass in his hand, and looked through it, and put it down again presently after - I went to get an article to show it to a lady - he was standing in the door-way - I directly afterwards missed the opera-glass, and I said to him, "You have taken an opera-glass" - he said, "I have not" - I said, "I am sure you have" - he said, "You may search me, and welcome" - he was going away - I took hold of his coat - he went on, leaving the tail of his coat behind him, and got off - I have lost the opera-glass entirely - he was taken in about ten minutes - I saw him at Bow-street, and knew him - he had the same coat on, and I took the piece, which matched it.
CHARLES JACKSON . I am a carpenter - I heard the alarm of "Stop thief" - I was at work four doors off - I ran out, followed the prisoner through several streets, and lost sight of him in Lombard-court - I found him in a winevaults, hid behind a puncheon - I secured him, and brought him out - there was a cry in the street of, "Down with him" - I was knocked down and knocked about, but I held him fast till the officer secured him - his coat was torn.
Prisoner's Defence. I came by the shop, and stopped outside the door, looking at the opera-glass - I put it down again, and turned to look at a picture, when up came somebody behind me, and took the opera-glass, which the woman knows, for the lady who was there said, "That is not the man who took it, he has gone down the court."
GUILTY . Aged 26. - Transported for Seven Years .
First London Jury, before Mr. Recorder.
MR. ADOLPHUS conducted the Prosecution.
JOSEPH BROOKER . I am in the service of Mr. George Mayor , who has a partner - they are wholesale spice dealer s, and live in Little Distaff-lane - the prisoner has been in the habit of coming to the warehouse frequently to purchase articles - he came on Saturday morning, the 15th, between eight and half-past eight o'clock - I was alone in the warehouse - he asked to see William, and said he had come to pay for some ginger, which he had purchased the evening before- William is the other warehouseman - I told him William would be there in a short time - I then left him and went up stairs, and secreted myself, so that he could not see me, but I could see him - I saw him taking nutmegs from a cask - he helped himself two or three times from the cask, and put them into his pocket - he then took the scoop off the lid of the cask, and went to a bag and helped himself twice from that bag, and put what he took into a blue bag near the door, which was his own bag - he put the first into his pocket, they were white nutmegs, and the others were brown - he had said nothing to me about nutmegs - I directly made the best of my way into the house, told Mr. Pratt, and brought him with me into the shop - the prisoner was detained - he was searched, and the nutmegs found on him - he said he had taken them as a sample - he had got a pound and a half, which is quite out of the way for a sample - it is not usual to give samples of nutmegs.
Cross-examined by MR. STAMMERS. Q. Do two or three nutmegs form a sample and no more? A. They would form a sample for a man in this line; but a merchant might take a sample of a pound weight, not more - he would not weigh them - he would be helped to them, and not take them himself - they would not be weighed, and might be more or less than a pound - William had served him with the ginger that he bought.
Q. You have mentioned a bag; was your bag lying on the counter? A. The linen bag the nutmegs were taken from was ours; but he put them into a blue bag, which was his own - he brought it into the warehouse; I saw it in his hand after he came in - he placed the bag down by the side of our goods - when he asked for William, he had the bag in his hand - it was hid when he put the nutmegs into it - he did not conceal it before - he placed it on a bag by the side of a box near the door - it was impossible for anybody, if they had not been very sharp, to have seen him do it - if the door had been open, it would have hid the bag, but the door was shut, I could see the bag.
MR. ADOLPHUS. Q. Do merchants take samples when nobody is present? A. They do not help themselves - he had said nothing about nutmegs that morning - I think he had forty-seven nutmegs in his pocket.
JOHN PRATT . I am clerk to the prosecutors - on the previous evening I had directed the last witness to have his eye on the prisoner; and on the morning in question he came to me - I went to the warehouse and said to the prisoner, "You have been taking some nutmegs" - he denied it - I cannot recollect his exact words - I think it was, "I have done no such thing" - I then felt his blue bag which he had in his hand, and found there were nutmegs in it- I said, "That is sufficient for me," and went out for an officer, leaving Brooke with him - the officer came - he was taken into the counting-house and searched - ninety-eight nutmegs were found in the blue bag, weighing more than a pound, and forty-seven in his pockets, weighing about half a pound - I had given him leave to take no nutmegs - he had not dealt with us for nutmegs - he is what we call a jobber about town, selling spices in small quantities.
Cross-examined. Q. How long has he dealt with you? A. About two months - he has not bought large quantities of spice at our house - he may have bought of other houses - the nutmegs found in his pocket were a different sort to those in the bag - the precise words he used were, "I have taken no nutmegs" - I will not swear I did not say, "You have been stealing some nutmegs" - when the officer came I had taken the bag from him, and put it into the counting-house.
MR. ADOLPHUS. Q. Suppose you had said, "You have been stealing nutmegs;" did he make for answer, "No, I have not: I have taken a few for a sample?" A. No; he said nothing about a sample till it was discovered he had them in his pocket.
COURT. Q. Was it in your presence he said anything about the sample? A. Yes, after I returned with the officer - they were not taken from his pocket till the officer came.
WILLIAM CARTLIDGE . I am a policeman - I was sent for to the prosecutors' warehouse on the 15th of February- I searched the prisoner, and in his left hand coat pocket, and in his right hand trousers pocket, I found forty-seven nutmegs - I mixed them - I suppose fifteen were in his trousers pocket - there were ninety-eight in the blue bag - when I had emptied his coat and trousers pockets, and put them on the desk, he said he had taken the forty-seven for a sample - he confined his observations to the forty-seven, as I had not then found the ninety-eight - he said nothing about them till he was going to the Compter - he then said he had bought arrow-root of the prosecutor, which turned out not so well as he expected, and he had taken these ninety-eight to get the money back, which he had lost by the arrow-root.
Cross-examined. Q. Is the prisoner a foreigner? A. I should think he is: he appears so.
JOHN PRATT re-examined by MR. STAMMERS. Q. Do you know of any transactions about the arrow-root? A. Yes; he had bought, I believe, two or three qualities of arrow-root, and desired our warehouseman to mix them together, as he had sold them at one price - he sold them
MR. ADOLPHUS. Q. Is the arrow-root his, though in your warehouse? A. Certainly - he did not ask me for leave to take nutmegs to make amends for the bad arrow-root - Mr. Mayor's partner's name is George Samuel Dove .
GUILTY . Aged 32. - Confined for Six Months .
HENRY CORY . I am servant to Mr. Alfred Fisher, of Rose-street, Newgate-market - on the 11th of January I was coming out of master's shop, and saw the prisoner take a piece of beef from the under shelf of the board - he went five or six yards with it, and I stopped him with it.
Prisoner. I was opposite a shop, and told you I had picked it up, and was going to put it on the board. Witness. It is false - you were past Bonsor's shop, and said you were going to put it on Bonsor's board - there was no straw there at all - I was in the shop when you passed, and was coming out of the shop door when you took it.
COURT. Q. This under shelf was outside the shop, I suppose? A. Yes; I was coming out of the door with a joint of meat, and saw him actually remove it from there, and he went five or six yards with it - I am certain it had not fallen - it was a wet morning, and must have been soiled if it had.
JOHN BENJAMIN KENTISH . I am an officer - I was called on about seven o'clock on the 11th of January to take the prisoner into custody - I saw the beef; it was quite clean, and could not have fallen - it was a very wet morning, and if it had fallen, it must have been in a very soiled state.
(The prisoner put in a written defence, stating that he found the beef lying on the pavement, and on taking it up was apprehended.)
GUILTY . Aged 36. - Confined for Three Months .
MAURICE EVAN EVANS. I am an upholsterer - I live on Holborn-hill - on the 17th January, about six o'clock, I went into the Strand, and as I returned I saw the prisoner open my warehouse-door, in Castle-street - he had been in my employ for fifteen or sixteen months, and was in my employ at the time - my man Green came round the prisoner with this piece of floor-cloth on his back, and both stood with their faces towards the street, and their heads very near to each other - Woodward then shut the door, and Green went on with the floor-cloth into Holborn- the door was opened by Woodward for him to get out - I followed Green across Holborn into Brook-street - he turned down a dirty court, called Fox-court, into Gray's-inn-lane - I followed him into Liquorpond-street, and never lost sight of him till he went into a small marine store shop, and put the floor-cloth down - it is my property - I went in after him, took him by the collar, and desired him to walk back with me peaceably - I brought him a little way out of the house, and then he attempted to run away - we had a scuffle - the oil-cloth was left at the house - Green ran away - I could not hold him.
Cross-examined by MR. PRENDERGAST. Q. You could not tell what Green said to the prisoner at all? A. No; I observed them close together myself - I saw it on Green's shoulder - Green was my mattress maker and stuffer - he never was employed to carry out goods - the prisoner was not my foreman - he bore a very good character; and I had a very good character with him from Ludgate-hill, and had great confidence in him.
ROSE WELCH . I live at No. 4, Leather-lane - I was at work at Mr. Evans's on the 17th of January, and I saw Green and the prisoner - Woodward went out, and Green opened the door and let him in - Woodward asked Green to take this piece of oil-cloth round to the other house, to Holborn (Mr. Evans has another house in Holborn) - they went backwards into the warehouse, and took it, and then Green put it on his shoulder - Woodward opened the door to let him out.
MAURICE EVAN EVANS re-examined. I have a shop in Holborn - I had not been moving any oil-cloth from the premises to Holborn.
Q. Would there be anything irregular in Woodward's sending the cloth to the other shop? A. At the time there would, unless we had a customer for it - there was no occasion to take it to the other shop, for this was an overstock which we had no room for at Holborn.
Cross-examined. Q. The direction Green took could not be seen by the prisoner? A. No; in going from our door you must go the same way, whether you are going to Holborn or Liquorpond-street - you could turn right into Holborn from Castle-street.
Cross-examined. Q. Have you known the prisoner a long time? A. Yes; when the prisoner opened the door to let Green out it was done in a moment, and he went back to his work as usual - Green had been at work there, and he came down stairs while Woodward was out - Green walked up stairs, and came down without any direction from Woodward.(Property produced and sworn to.)
Prisoner's Defence. I had been employed at the warehouse in Castle-street in the afternoon - I had occasion to go to the house in Holborn - I was returning and knocked at the door - Green let me in - he said, "I am going round to the other house, shall I leave the candle in the middle of the warehouse?" - I said, "Very well" - I went out - I heard the outer door shut, and unless it is shut in a particular way it will not shut - I went back and stood in the passage, as my employer says, but I never had the property in my hand.
NOT GUILTY .
JOHN TYSON was indicted for stealing, on the 15th of January , 1 pair of trousers, value 15s. ; the goods of William Henry Swift .
JOHN DONOVAN . I am shopman to William Henry Swift , who is a tailor , and lives in Hounsditch - on the evening of 15th of January I had been on an errand, and in coming back saw the prisoner take the trousers, which hung inside the door - there was another one with him, who passed by the door and turned round to the prisoner and nodded - the prisoner jumped up at them, untied the string, and ran off with them, and I caught him before he got a dozen yards from the door, with them in his possession.(Property produced and sworn to.)
Prisoner's Defence. I was walking down Hounsditch- a lad came running by, threw the trousers down - immediately a boy came up and accused me of the robbery.
GUILTY . Aged 21. - Confined Three Months .
WILLIAM BAKER . I am carman to John James Jones , of Crutched-friars - on Tuesday, 28th of January, I was in the shop; there was a cart at the door, with a wooden tilt on the copse of the cart, which is the front part - it was between six and seven o'clock in the evening - it is worth 2l. 10s. - it belongs to my master - there was a great coat wrapped in the tilt, that belonged to George Wood - I saw the prisoner pull the tilt from the copse on the shaft - he left it about five or six minutes, then returned, and pulled it on the ground - he came and picked it up, and walked away with it - I crossed over, and stopped him - he had got five or six yards with it.
Prisoner's Defence - I was in the act of starvation, which drove me to it - I have been thirty-six years at sea, in his Majesty's service - I never had a lash on my back - I have sailed with Admiral Duckworth .
GUILTY . Aged 52. - Confined Six Months .
PHILIP HENRY PARISH . I am one of the City-police, No. 45 - I was in Cheapside on the 17th of February, in the afternoon, between four and five - I saw the two prisoners within a few doors of Milk-street - I saw Smith take a handkerchief from a gentleman's coat pocket, and give it to the prisoner Turner, who looked round - both of them did - and saw me stepping from the opposite side, and immediately ran down Milk-street - I pursued, crying "Stop thief" - Smith was taken at the bottom of Milk-street, and Turner about three parts down - he was running with the handkerchief still in his hand - I have it here - I do not know the gentleman's name - I never found him - I had not time to give him notice.
Cross-examined by MR. CHURCHILL. Q. Where was the handkerchief found? A. The handkerchief and the prisoner Turner were given into my hand at the same time by a young man, who stopped him - I did not know the prisoners before, but I never lost sight of them - I saw Turner stopped - I was about fifteen yards off - I raised a cry - I was first in the pursuit - two or three who joined in the pursuit, were between me and Turner, before he was stopped - I saw the handkerchief during the whole time in Turner's hand - the street was not crowded - it was rather clear - I have not known them before - I had not been watching them.
Turner. He did not find it on me - he says it was between four and five o'clock, and it was about twelve o'clock.
P. H. PARISH. I do not exactly know whether it was in the afternoon or no - I have had several cases of the sort, and not putting the time down in my book, I cannot recollect.
MR. CHURCHILL. Q. Will you swear it was not later than four in the afternoon? A. I will not swear to the time - I have been seven years in the police - I think I have only had one such case as this - there is a hole in this handkerchief - I called after the gentleman, but he might not have heard me - I was hoarse at the time - my voice was more like a woman's - I swear I saw the handkerchief in Turner's hand, but not that I saw him drop it.
( - Leatherdale, carpenter and builder, No. 8, Devonshire-street, Globe-road, Mile-end; John Leatherdale , eating-house-keeper, No. 40, High-street, Shadwell; Emanuel Workman , carpenter and builder, No. 1, Cleveland-street, Mile-end-road; and Robert Garner , shoemaker; gave the prisoner Turner a good character.)
TURNER - GUILTY . Aged 20. - Confined Six Months .
SMITH - GUILTY . Aged 19. - Transported for Seven Years .
MR. STAMMERS conducted the Prosecution.
ABRAHAM HAM . I am a street-keeper of Coleman-street Ward - about nine o'clock in the evening of the 9th of January, I called at Mr. Phillips's house - I saw the prisoner there - she answered the door - I knew her to be Mr. Phillip's servant - I asked her if she had not been poorly - she said she had - I said I wanted to put a few questions to her, if she was well enough to answer them, and it would not flurry her - I asked her if she had been poorly - she said she had, but was better - Mr. Davis, clerk, was with me- there were four of us, me and the beadle of Lothbury parish, Mr. Pearson, and a man named Bray - Mr. Pearson said to her, "You need not answer any questions, unless you think proper" - I asked her if she had been delivered of a child within the last week or so - she said she had not- on the Saturday following, I went again to Mr. Phillips, with Mr. Baker the overseer; Mandrell, the baker; and the churchwarden - I got a bricklayer to open the privy - the front privy was opened, but we found nothing - we opened the drain, and something was taken out of the drain - I apprehended the prisoner, and took her to the Mansion-house, and to the Compter - when I was leaving her at the Compter, she expressed a wish to see me the next morning; and I went next morning and saw her in Mr. Teague's pre
Cross-examined by MR. CLARKSON. Q. You went with the beadle and constable to Mr. Phillips about nine o'clock in the evening? A. Yes; I went with the parish authorities - she said she had been poorly, and she looked worse than ever I had seen her before - she said she was better - I had seen Mrs. Cox some months before that time, but never had any communication with her.
Q. Did you attend with a surgeon and have the prisoner examined? A. It was done at my house by her own request - she had the offer to go to the infirmary and the Compter, or to my house, and wished to go to my house to be examined - I sent for Mr. Culverwell, and he came - he is not here - I went there with a view of bringing Mr. Phillips before the Lord Mayor, but she answered the door herself, and I questioned her - Mr. Phillips has been indicted, and the grand jury threw out the bill - I do not know what was the charge against him - I went to her the night I heard of it - I saw the box, but did not see a cap on the child's head then - I cannot say what was on it when it was found.
ELIZABETH COX . I am a widow, and live in Whalebone-court, Bell-alley - on the 3d of January (I think), at half-past eight o'clock in the evening, I went to Mr. Phillips's house, in Lothbury - I went into the kitchen - Mr. Phillips came for me - I was not at home - when I went there was blood on the hearth-stone and on the hearth-rug - I saw the prisoner in bed, in her bed-room up stairs - I asked her what was the matter - she said she thought she was better - I emptied the slops - I cleared away what was on the hearthstone and rug in the kitchen - the slop-pail was in her bed-room - I went up to her bed-room, and cleaned the stairs, and made one of the young Mr. Phillips's bed - I asked the prisoner if I should empty the pail - she said, "Never mind" - I said the pail leaked - she said, "Never mind," and I pushed the flannel to her - I had been wiping the slops up with the flannel - I put the flannel towards the pail - Mr. Phillips said to me, "What water is this running?" - I said, "Sir, it is the pail" - he was not in the room - I threw the contents of the pail into the watercloset - all the contents did not go down - I put my hand in, and as it did not go down, I took it out, and put it in the pail again - I did not look at it - I am a married woman - it might be as broad and round as my hand - I suspected it was an after-birth - I could not say, because I never saw one in my life - it was not a child, nor anything like it - I threw it into the pail again, and left it there in the water-closet, as Mr. Phillips called me in haste to wipe up the wet which was running on the landing-place - I then went back to the water-closet, and threw what was in the pail into the watercloset again; I put my hand to the pump of the watercloset and it passed down - I was at Mr. Phillips's next day - I had no conversation with the prisoner on the subject of the after-birth on the Saturday - I said to her afterwards, I cannot say when it was, (it was on the Tuesday I think,) I told her that her master knew as well as me that there was something more than was in the pail - she said,"No, nothing more" - the same night I was leaving, and asked her if there was not a child - she said, yes, it was in her room - I said, could she say so - she said, "Did you think I was in earnest?" - I said, "I shall go;" and then she said, "Do you think I was in earnest?" - I asked her what it was, when she said it was in the room, and she said it was a girl.
Cross-examined. Q. How many children have you had? A. Nine - I never attended any friend in her lying-in - I never suspected in the least that the prisoner was with child before that time; but where I lived all the people in the neighbourhood suspected she was - I believe none of them knew it - it was talked about the neighbourhood; it was suspected by many people - I had not the slightest reason to believe that she was with child before I performed this office for her in the privy, because I always took her part, and said it was not so - I went to Blue Hart-court with her for a bricklayer, where she was sent by Mr. Phillips, the same day before she was taken ill - nothing happened on the road there or back; but she said to me as she went along, that she was not willing for me to go with her; but I said I should; she made a stop in the alley, and seemed as if she was poorly - she said she felt herself very poorly, and she had been so for many days - I accompanied her to the bricklayer's, that was, going to the bricklayer's - she said, "Shall I go so and so, and order something to drink" - I said "No; I shall go with you" - she told me to stop and not go with her - I said, "I shall go with you" - I did not like to leave her in the street.
Q. On your oath did not you expect her to be confined in the street? A. No; I did not - I went with her, came back again, and we had the drink - I did not wish to go into a wine-vaults by myself, she did not make any objection to my going; but she said, "You do so and so;" but I said,"I shall go with you" - I did not go with her to help her in case she was taken ill in the street - I have been in custody myself - I am not aware of anything particular happening to her in the court; she stopped and looked round, but said nothing, and I said nothing - I never suspected her to be in the family way, for she said, it was quite a different thing that was the matter with her.
Q. You must have asked her about it then? A. No; I said to her, "If you are an innocent woman stand your ground;" but I never suspected her - when she made the stand in the court, I saw no water - I did not look - she said she was ill - I did not know what was the matter with
Q. When you came into the kitchen, was there any blood there? A. Yes; I washed it up, then went up stairs - there was blood all the way up stairs - I washed that up - I found the substance in the pail, and had heard the conversation with the neighbours, that they thought she was with child, but I never suspected she was with child - I did not poke the substance down the privy with a stick - I pulled the handle up - the water filled the pail up the first time - there was nothing in the pail the last time, and the first time there was water in it - I cannot say whether there was blood in it - I washed up the blood on the floor and stairs - the pail leaked water only - I cannot swear there was not blood with it.
Q. On your oath, was not blood and water running down the stairs from the pail, to the spot where Mr. Phillips called you? A. I cannot say - it did not look like blood at all - I have said there was blood on the stairs, in the bed-room, and in the kitchen; and the after-birth was in the pail - but, I declare, I did not suspect she was with child.
COURT. Q. Not when you saw the contents of the pail? A. Yes; then I did, but not before.
Q. Did you take away the box? A. No; I never saw the box or the child in my life - I was before two different coroners on the inquest on the child - I did not give a different account before one of the coroners to what I gave before the other - as near as possible, I stated everything to my knowledge - I was not asked as to the date on which she said she had had a child.
Q. Now on this day, when she did not want you to go with her, and she was taken ill in the alley, did she tell you she was so ill, and she hoped you would come in the evening? A. No; I did not tell her I would come in the evening - Mr. Phillips came for me - I had not promised to go - she never put the question to me.
MR. STAMMERS. Q. Had not the prisoner stated to you that she was not in the family-way? A. Yes; it was in reference to that statement, that I said to her, "If you are an innocent woman, stand your ground" - she had said so to her mother - I was kept in custody for the purpose of giving evidence.
ANN HODGES . I live in Type-court - on the 11th of January, I found a box at the bottom of my stairs, at twenty minutes after six in the evening - I called my son to show me a light - the box was close to the last stair, in my passage - the entrance to the stair-case is open - the box was taken by Tilt, the policeman, and others, to my room, and opened - it contained the body of a female child- there was a cap and part of a shirt, and what I call a belly-band, made of white cotton - there were three pieces of blue cotton covered over the body.
JAMES TILT . I am an officer of Worship-street - I produce the box - I have some rags, and there are some more inside - I found the box at No. 13, Type-court, Type-street, where Hodges lives - I took the box to Bunhill-row station-house, and afterwards accompanied Ham with it to the Compter.
JOHN ROBERTS . I am a surgeon, and live at Finsburycircus - on Saturday, the 11th of January, I went to Mr. Phillips's house - in the cellar I was shown a substance, which was an afterbirth - I have no doubt about it - the beadle of Lothbury was present, and Mr. Baker.
STEPHEN BAKER . I am one of the overseers of St. Margaret's - I was present when the drain was opened at Mr. Phillips's house, and saw the substance taken out of the drain, which was shown to Mr. Roberts.
JOHN LEESON . I am a surgeon, and live in Chiswell-street - I saw the body of the child in the box, in the house where the box was found, in Tilt's presence - the child appeared to have been born alive - I applied the hydrostatic test to the lungs - and saw a bruise in the front surface of the chest - there was a fractured rib, an opening made between the sixth and seventh rib; and the air had escaped from the lungs - this circumstance induces me to believe it was born alive - if vitality had not existed, an injury applied to the body could not produce any mark - the trying of the lungs is an infallible test, except in some circumstances - I infer that it was born alive - the body was not compressed in the box; but the limbs were bent to fit in the box.
ELIZABETH ANDERSON . I am matron of the Compter - on Sunday morning, the 12th of January, in consequence of my hearing the prisoner wished to see me, I had her called into my room - she said she wished to relieve her mind respecting the charge she was brought in for - I neither threatened nor made her any promise - she said that during the time she was in service she was pregnant; and on Friday, the 3d of January, she was taken very ill, and could not do her domestic work - her master seeing she was ill, asked what was the matter with her - she said she had violent pains in her limbs from cold - he recommended a warm bath, which she declined, and wished to have a woman to do her work, and named Mrs. Cox, being an honest woman; that he went to fetch Mrs. Cox, and directly after he was gone the child was born - she heard a slight noise, but not a cry - she found it attached to her by something, which she pulled from herself - she was flurried, and took it in her apron, and laid it on the bed - she found her pains as bad as ever; and the afterbirth came from her - she put that into the slop-pail - Mrs. Cox came soon after, took the slop-pail, and emptied it down the water-closet - that she had no opportunity of doing anything to the child till the Sunday following, when she washed it, and put it in the box, which was too short for it; and she turned its legs up - that she then told Mrs. Cox she was very uneasy, and wished the child to be interred - she saw some men at work in the church-yard opposite, who, she thought, would bury it for her, which she named to Mrs. Cox, who took it away, and got it buried for her - she did not say where the child had been placed, until she desired Mrs. Cox to bury it - she gave no further account of the child.
Cross-examined. Q. Did not she state that the child was dead when she took it up from the floor? A. Yes; there was a letter intercepted from her at the Compter - it was
GUILTY . Aged 30. - Confined for Six Months .
Second Middlesex Jury, before Mr. Sergeant Arabin.
ELIZABETH EVANS . The prisoner married my sister, Margaret Evans , who is alive and present now - I was present when they were married at Edmont, on the 25th of April, 1831 - the prisoner was footman at Mr. Piggott's, and my sister was a laundrymaid - they lived together seven months as man and wife - he left his place when they were married, and they went to Manchester, and he left my sister - I do not know why - she had twins - I have a certificate of the marriage - I got it at Edgmont - I saw it examined with the register - it is a true copy (read).
MARY ANN SWAN . I am wet nurse to Mr. Davy, of Park-place, Camberwell - I married the prisoner on the 27th of August, 1832 - I was then a cook to Mrs. Hayes - I first saw the prisoner at a friend's house, and he then visited me for a few months at my place - he represented himself as a single man, which I believed - he courted me a few months - he was in a situation, and said he should be able to take a small farm - I married him on the 27th of August, and lived with him as his wife - I had no idea of his being married, till within a few months ago, when my friends discovered it - I have had one child by him - when I found he was married I would not live with him - I had not saved up any money in service - I was about thirty-three years of age when we were married.
WILLIAM SWAN . I am brother to the second wife, and was present when the prisoner married her - they lived together for about a month - then went to service - then came home again, and lived together for about a month or so - we discovered the second marriage, and prosecuted him- he married her as a bachelor.
(The prisoner put in a written defence, stating that before he married Swan he had received a letter from his first wife's sister, stating that she was dead.)
GUILTY . Aged 22. - Confined for Eighteen Months .
The prosecutor did not appear.
NOT GUILTY .
CHARLES MURRAY . I am a piano-forte maker , and live in Upper Charlton-street, Fitzroy-square - the prisoner lived in the same house as I did, with his father - I missed some volumes of Gil Blas from the book-case in the front parlour - I never lent them to the prisoner.
Prisoner's Defence. I was persuaded to take them by a lad.
GUILTY. Aged 16. - Recommended to mercy .
Confined for Three Days .
JAMES ROBERTSON. I keep a public-house in Stanhope-street, Clare Market - the prisoner and another came in on the 12th of February, and called for a pot of hot - they went into the parlour, where the clock was - I had the paper-hangers at work there the night before, and asked them to go into the tap-room, but they objected - the man with him came out and read the newspaper to me at the bar - this raised my suspicion - I told my servant to keep watch - the man came into the tap-room conversing with me - the servant came and told me the clock was taken down - I went in, and it was lying on the bench and a bag covered over it - I asked him how the dial came there; he said, "I know nothing of it" - he was the only person in the room - I directly sent for a constable, and gave him in charge - I had seen the other man once or twice before.
Cross-examined by MR. PHILLIPS. Q. The dial was taken down, was it? A. Yes, it was; the whole clock was taken down - it was wrenched from the wall - the other man ran away.
ELIZABETH BUSKIN . I live at the house - on the morning of the 12th of February, the prisoner and a companion came in - his companion came out two or three times, and kept my master in conversation - master told me his suspicions - I went into the parlour, and saw the prisoner coming from a chair or table with a clock in his hand - he dropped it on the seat the moment I entered.
Cross-examined. Q. It was on the settle? A. Yes; I saw him drop it.(Property produced and sworn to.)
GUILTY . Aged 19. - Confined Six Months .
JOHN SOUTHWELL. I am a farrier , and live in Tottenham mews - the prisoner used to bring horses to be shod at master's shop - I hung my watch up, on the 10th of February, close to the fire-place in the shop, and missed it
CHARLES WILLIAM TAYLOR . I am a coach-smith - on Monday morning the prisoner came and asked me to buy the watch - I refused - he asked me to pawn it for him - I pawned it at Mr. Crouch's, Grafton-street, for 3s., and gave him the money - he asked me to buy the ticket of him, which I refused.
GUILTY . Aged 19. - Confined for Six Months .
Second London Jury, before Mr. Recorder.
478. JULIA M'DONALD was indicted for stealing, on the 2nd of February , 1 necklace, value 10s.; 1 shawl, value 8s.; 2 bed-gowns, value 3s.; 1 frock, value 2s.; and 1 napkin, value 1s., the goods of Isaac Isaacs , her master .
SARAH ISAACS . I am the wife of Isaac Isaacs - the prisoner entered my service on the 29th of January - I missed, on the 2d of February, a shawl from the shop - we deal in women's apparel - I afterwards missed some coral beads - when I missed the shawl, I told the prisoner of it, and said, I did not suspect her - she said, when a servant left, I ought to make it a rule to look into her box - that was the night the previous servant went away - I asked her if she knew anything of the coral beads - she said, No, she did not - she said it was very unpleasant that it should be lost - I sent for West, and she was taken into custody - her box was opened by a key, which he took out of her pocket - I suppose she was not present - two night-gowns were found into her box - she had brought that box with her.
Cross-examined by MR. DOANE. Q. Why was she not present when her box was opened? A. The officer took her into custody - my husband has no other name.
GEORGE JOHN WEST (City policeman No. 53). I was sent for to take the prisoner into custody - I used no threat to her- she said to her master in my presence, in the way to the Compter, that she hoped he would be as lenient as he possibly could towards her, and she would tell where the beads were; and, as she went up the steps of the Compter, she said they were in the bed between the ticking and flock - I found them there - she said the bed was in the room where the children slept, where her boxes were - I got a key from her at the station-house, with which I opened her box, and found these things in it, which I produce.
SARAH ISAACS re-examined. These things are mine - the bed-gowns are mine, and this frock - this frock was in the tick with the beads, in a napkin - I can only speak to the frock and beads, by my mark.
Prisoner. Master asked where the beads were - I told him - he said he would forgive me if I told - I said I know nothing of anything else.
GEORGE JOHN WEST re-examined. He said, "If you will tell me what you have done with the beads and the shawl, I should be very sorry to hurt you; if you will tell where they are, I will forgive you" - she said she would tell where the beads were, but she knew nothing about the shawl.
GUILTY. Aged 22. - Recommended to mercy . Confined for Three Months .
MR. ADOLPHUS conducted the Prosecution.
JOHN PUNTER . I am a cow-keeper and carman , and live in Northumberland-alley, Fenchurch-street - the prisoner has been in my service ever since last November twelvemonth, as clerk - it was his duty to take any money which was brought to the yard to be paid for milk - there was a book in which he was to enter the money received - that was the only account I could have from him of money received - on the 16th January I said it was very wrong to take my money in this way, and how could I pay his wages when he took my money - he said, "I am only saving it to give to you all in a lump" - I said, "You had no business to do that; I shall give you in charge of an officer" - he said, "Do not give yourself any trouble, I will go and fetch an officer" - he went out of the gate, and I did not see him again till I took him into custody, which was about ten days afterwards- he had called in the mean time, when I was not there, and left his address - I have his book here - there is no entry of 2s. 8d., received from Charles Fellowes on account of Atkinson, on the 6th of January; nor of 15s., from Tillman, on the 8th of January; nor of 2s. 9d., from Mrs. Jewson on the 13th of January - they were all customers of mine, and had accounts running for milk.
Cross-examined by MR. DOANE. Q. The accounts were made up weekly, were they not? A. No; every night the money taken in the day-time was given to me - this is the daily account - the milk business is only a trifling concern, and I settled that account every night, and the carman's business was settled every morning - there was an account settled on the 6th of January, between me and the prisoner - that was not a weekly account, but a day's account - nothing was said about settling accounts on Tuesday, the 14th - he had accounted to me every night until the 14th, according to the book - there was no weekly account independent of the nightly account, settled up to the 14th - there was no weekly account at all.
Q. Do you remember, on Wednesday, the 15th of January, the prisoner asking you for the book the accounts were made up in? A. Yes; I had left it at home, and given him another book instead - I have that here - the book he asked for was the book I have produced - and here is the one I gave him, when he asked for the other - both of them are in his handwriting - the book was given up to me every evening, and I took it home to enter the settlement - I had left it at home, and bought him a new one to go on with, and gave it him on the 15th - he never said he
MR. ADOLPHUS. Q. I see, by the book, the sums received are in small amounts of 2s. and 3s. each? A. Yes, here is what was paid for, and what was on credit - I never heard of any claim from him until I was before the Lord Mayor.
CHARLOTTE FELLOWES . I am servant to Mr. Atkinson, a cheesemonger, in Fenchurch-street - on the 6th of January, I paid the prisoner 2s. 8d. on his master's account, at the counting house - he gave me a receipt with his own hand - but we never keep those receipts.
Cross-examined. Q. Had you ever paid him any money before? A. Several times.
HENRY TILLMAN . My father takes milk from Mr. Punter - on the 8th of January, I paid the prisoner 15s., on his master's account - he wrote a receipt on the bill; this is it (looking at it) - I saw him write it - I paid him the money at his master's house.
FRANCES JEWSON . I am the daughter of Mr. Jewson- I paid the prisoner 2s. 9d., on his master's account, at the counting-house, on the 13th of January - I took a receipt for the bill - it being so small a sum, my mother burnt it.
Prisoner's Defence. I have been fifteen months in his employ, and every day I had property of his in East India Company warrants, to the amount of some thousand pounds- every thing about the premises was left entirely under my charge - if you look at the books, you will find I rendered him an account up to the 6th of January, of all bills owing from his customers, every day - I ought to have made out another account on the Wednesday following - it was a weekly account, and during that week I had received this money - he came to town on Wednesday - I said, "Sir, where is the book, that I may make up my accounts for the week?" - he said, "I shall not give it to you"- I said, "Why, how can I make up the accounts?" - he said, "Make them up as you please" - and about twelve o'clock he brought me the new book - on Thursday, I asked him again for the book - he said, "Go on with the new one, you shall not have the old one again" - I said, "I cannot tell what the people owe without the old book" - on Thursday night, he said, "What have you received from the milk people this week?" - I said, "15s. of Gilliman, but the account was 19s. 3d. - I have also received 2s. 9d. from Atkinson, and 2s. 8d. from Jewson" - I said, "As I am about leaving you on Friday, and there is some little dispute between us, if you will appoint any third person tomorrow (there was a trifle of difference between us about coach hire), I shall be glad to meet your friend, and settle every thing" - he said, "I will see you d - d first," and walked out - after he was gone home at night, I missed my key out of my desk, and could never hear about it - I went next morning, about a quarter to eight o'clock, and found his nephew in possession of my desk, which was open - he said his uncle had ordered I should not have the key, nor the books, any more, and he must do as he told him - I said, "Well, give me a piece of paper" - I wrote my direction on it and said, "When your uncle comes to town, I will settle everything with him, whenever he likes" - I have subpoened his nephew here.
JOHN HILL . I am the prosecutor's nephew - I am employed in my uncle's business - it was usual for the prisoner to make up the accounts every week for the milk business, either on Monday or Tuesday - to the best of my knowledge that account was made up weekly - I remember the prisoner coming to me on the 17th - I was at the desk at which he was usually seated - he said, "John, I know your orders, will you deliver the key to me?" - I said, "I will not" - he immediately took a piece of paper, and wrote his direction down, "George Thompson, No. 1, Portland-street, Stepney," and said, "Tell your uncle, if he wants me, that is where I am to be found" - I did not go to look for him there - I believe he has stated to me, that he was ready to settle his accounts with my uncle, but never to my uncle.
COURT. Q. Did he offer to deliver his accounts, saying he was ready? A. Not to me, nor in my presence.
MR. DOANE. Q. Did not he ask for the book? A. I never heard him ask for the book.
COURT. Q. Do you know to what amount he received money for Mr. Punter, every week? A. I do not - I have seen him settling with the men.
Mr. ADOLPHUS. Q. Is this the book in which he kept his accounts? A. Yes; these are daily accounts - when the man comes back, from taking out the milk, he settles with him - there are two columns, one for paid and the other for unpaid - Mr. Punter took it home to Clapham with him every night.
NOT GUILTY .
480. SAMUEL KING was indicted for stealing, on the 24th of December , 48 coffin handles, value 1s. 6d.; 96 coffin handle plates, value 16s.; 70 coffin plates, value 12s.; and 24 loops, value 9d.; of John Gardner and others, his masters .
MR. BODKIN conducted the Prosecution.
JOSEPH EDWARDS . I live in Little Alie-street, and am a maker of coffin plates, and such things - I was in the prosecutor's employ for nearly thirteen years - I left him last July - a man named Samuel Lazarus brought some things to me to sell the day before new year's day - I was at the Bell public-house, opposite Whitechapel church - I was still employed in the same trade - I had seen Lazarus before - while I was employed at the prosecutor's, I acquired a knowledge of their manufacture - he employed me to sell coffin handles, and a variety of ornaments for coffins - I could tell them directly to be Mr. Gardner's manufacture - I did not buy them - I detained them, and gave information to Mr. Davis, the prosecutor's clerk, and gave him the articles.
Cross-examined by Mr. ADOLPHUS. Q. How long were you in the prosecutor's employ? A. Nearly thirteen years - I was discharged - I had had a little trouble concerning family affairs - I was rather given up to drink - I have served several undertakers with coffins - have attended funerals, but have not been regularly employed since - I am not now employed by the prosecutor - I do not know where Lazarus is - persons come to the coffin plate shops, and
NOT GUILTY .
SAMUEL JOHN SMART . I am servant to Richard Brown - on Thursday, the 9th of January, I was sent by my master with half-a-dozen hats to Mr. Myers, Hounsditch - and in Fenchurch-street I saw Clarke - he began talking to me, asked where I was going, and where I lived, and I told him - he then said he was going down Mark-lane, and turned into Mincing-lane - he came over in about five minutes, and said, "Have not you got farther?" - I said, "No" - he said, "I am going down a court opposite the East India House, and will walk with you" - then Smith came up and said, "Are not you going from Mr. Brown's to Mr. Myers'?"- I said, "Yes" - he said, "I have just come from Mr. Brown's, who said, if I made haste I should overtake you; you are to give me the hats, and to return home" - I said,"I have got to get the bill signed" - he said, "Mr. Brown said that was of no consequence" - I gave him the hats - he asked me to go down a court with him, which I did - and then he said the person was not at home - he was going away, and then said, "I am going down Cornhill, go on, and I will overtake you," and I saw no more of him - I went home and told master - Clarke had got out of me where I was going - and then Smith came up and seemed to know all about it - on the 15th I saw them together in Long-alley, and gave them into custody.
Cross-examined by MR. DOANE. Q. Is your master here? A. Yes - I had never seen Smith before - he was with me a very short time - when he said he had come from Mr. Brown's, I gave up the written direction - I am sure they are the two men - they each had got a brown coat on, and an umbrella - I am sure of Smith by the umbrella and coat, and by his face - I knew him again directly I saw him- I saw him again six days afterwards, and was quite sure of him - master had directed me to leave the hats at Mr. Myers's, and get the book signed - Clarke first came up to me in Fenchurch-street, about five minutes' walk from Cornhill.
RICHARD BROWN. I am a hatter , and live in Pump-court, Union-street, Borough - I gave nobody any directions to overtake Smart and get the hats, nor were the hats to be delivered to anybody but Myers.
Cross-examined. Q. Have you other persons in your establishment who manage your business? A. No - nobody sells hats but myself.
Smith's Defence. I never saw the boy before I was taken into custody - I do not know Clarke at all.
Clarke's Defence. I never saw the boy before in my life - as to the charge, I am as innocent as a child unborn - I believe I have persons to prove I was at work at the time.
( William Hooper , broker and undertaker, 1, Gloucester-buildings, Upper Whitecross-street, and Joseph Walley, plumber and glazier, 12, Hamilton-place, New-road, gave the prisoner Smith a good character; - and John Thomas , cord-wainer, 24, Willow-street, Finsbury, John Morris , Gibraltar-walk, Bethnal-green, and James Baldwin , gave the prisoner Clarke a good character.)
SMITH - GUILTY. Aged 22.
CLARKE - GUILTY. Aged 18.
Of Stealing only . - Transported for Seven Years .
JOHN CUTMORE. I live at No. 107, Bunhill-row - on Sunday evening, the 26th of January, between eight and nine o'clock, I was crossing West Smithfield , with my wife - we got partly across - she stopped suddenly - I turned round and saw the prisoner and another person - I ran after the prisoner, and overtook him in Cloth-fair - I caught him by the collar, and called out to a person whom I knew, who came to my assistance, and took hold of his other collar - I told him I had been robbed of a silver snuff-box, and it was taken out of the prisoner's right hand and given to me - I am sure it was in his possession.
EMMA CUTMORE . I was walking with my husband across Smithfield - I heard a footstep behind me - I suddenly turned round, and saw two men - the prisoner was one of them - the other had one hand at the tail of my husband's coat, and the other hand in his pocket - he immediately took his hand out, and handed the snuff-box to the prisoner, who ran away - I held the other one for about twenty minutes in the street - an old gentleman came behind me and shook me, and compelled me to let go of him - I should know that man again, because, after the man had got away, he stood and talked to me a long time, and said, I ought to have been taken in charge for holding the man; and, if a policeman had been near, he would have given me in charge- I explained it to him, and gave him my address - I waited about ten minutes - my husband did not return - I have not described the old man to the police, for I was not able to go out for a long time afterwards; for the man bit my hand, and trod on my foot - I could not get my shoe on.(Property produced and sworn to.)
Prisoner. It is my first offence, I beg the mercy of the Court.
GUILTY . Aged 18. - Transported for Seven Years .