Before the Right Honourable CHARLES FAREBROTHER , LORD MAYOR of the City of London; Sir Joseph Littledale , Knt., one of the Justices of His Majesty's Court of King's Bench; Sir John Vaughan , Knt., one of the Justices of His Majesty's Court of Common Pleas; Sir William Bolland , Knt., one of the Barons of His Majesty's Court of Exchequer; George Scholey , Esq.; John Atkins , Esq.; Anthony Brown , Esq.; Sir Peter Laurie , Knt., Aldermen of the City of London; The Honourable Charles Ewan Law , Recorder of the said City; Henry Winchester , Esq.; William Taylor Copeland , Esq.; and Sir Chapman Marshall , Knt., Aldermen of the said City; John Mirehouse , Esq., Common Sergeant of the said City; and William St. Julien Arabin , Sergeant at Law; His Majesty's Justices of Oyer and Terminer of the City of London, and Justices of the Gaol Delivery of Newgate, holden for the said City and County of Middlesex.
FAREBROTHER, MAYOR. - FIFTH SESSION.
* A star placed against the verdict denotes that the prisoner has been previously in custody.
First Middlesex Jury, before Mr. Justice Vaughan.
739. HENRY QUICK was indicted for that he, on the 3d of April , at St. Andrew, Holborn, in and upon John Weston feloniously, unlawfully, and maliciously, did make an assault, and with a certain sharp instrument, feloniously, unlawfully, and maliciously, did stab and cut him in and upon his left arm, with intent to do him some grievous bodily harm , against the Statute.
MR. DAWSON conducted the Prosecution.
JOHN WESTON. I am in the employ of Messrs. Day and Martin, in Holborn. Their premises are in the parish of St. Andrew, Holborn - I am superintendent - it is my duty to manage the boys who are in their employ - there are about ten boys there - there is a boy named William Lawrence - he is the overlooker of the other boys - it was his duty to complain to me of any misconduct of the other boy s - on the 1st of April, he complained of the prisoner at the bar, and I told the prisoner he must mind his business better, or he would be sent away - I did not correct him that day - I had corrected him about five or six weeks before - I pulled his ears for neglecting his duty - he said nothing at that nor any other time before the time in question - he said nothing indicating any anger - on Thursday, the 3rd of April, about half-past ten o'clock in the morning, William Lawrence complained to me again, and I went to the table where the prisoner was at work - I asked him what he meant by such conduct, and was about to strike him on the face with the back of my open hand - he retreated about two yards from me, as if to avoid my blow, and then turned his back to me in a stooping position, and I struck him a blow with my first on his back - it was not a severe blow - it was a moderate blow with my fist - not a violent one - not as hard as I could strike - he raised himself up, and turned immediately, and I observed he had his hand over his head, rather above his head - I did not observe any thing in his hand - I supposed he had picked something up to throw at me from the position he was in - I immediately ran up to him and seized him, and I might have struck him at the same time - I am not positive - the moment I got my hand on his collar, I received a blow from a dagger, which went through my left arm, just above the elbow - it passed through it in a slanting direction, about two inches above the elbow - it went through the fleshy part of my arm - I said, "You villain, you have stabbed me," and I saw him throw the dagge rout of his hand behind him - it fell on a bag of corks - I then called William Hodgkinson, and desired him to take him into custody, which he did - Hodgkinson was in the warehouse - I called him up after I was wounded - Luke Wilson was close to him, and a person was within thirty or forty yards of him.
Cross-examined by MR. STAMMERS. Q. How old is the prisoner? A. I believe about sixteen - he has been with us about four years.
Q. Have you been in the habit of striking the men or boys on the premises? A. Many times - I have not punished the boys severely - I never punished the prisoner except at the time I have stated - the only occasion on which I corrected the prisoner was five or six weeks before; he was cutting labels at the table, he spoiled some, and I pulled his ears - I was in a very great passion on the occasion in question - I am not aware that my passion increased while I was striking him - when I attempted to seize him, it is possible I might have struck him - I cannot say whether I did or not - seeing his hand raised, I thought he had something to throw, and went to stop him - at the time I received the blow, my arm was lifted up to seize him - it was extended away from my body, not down by my side - I seized him with my left arm, and received the wound in that arm.
Q. The first blow you gave him was on his face? A. No; I attempted to strike him in the face, but I did not touch him - that was with the back of my open hand - it was not a violent blow - I struck him afterwards on the back - that was not a very violent blow, I will
WILLIAM HODGKINSON . I am in the employ of Day and Martin. On the 3rd of April, in consequence of Weston coming to me, I went to his assistance - he desired me to secure Quick - I said, "Quick, what have you been doing? - how came you to do this?" - he said, "Never mind, that is nothing to nobody; I have owed him a grudge a good while" - he had the dagger in his hand as I went down the room, and as I advanced towards him he threw it on the floor - there was a little blood on the dagger - the point of it stuck in the boards - I delivered it to one of the clerks - the officer has got it - I took the prisoner down stairs; and while we were standing in the lower part of the warehouse, a boy, named Joel, came up to him - I told him to go and mind his work; and, as he went away, the prisoner said, "Now, Joel, you may give them those papers" Joel had got some papers - I was not present when he gave them up - I saw the papers afterwards - I asked the prisoner what it was Joel had got - he said, "It is only some papers for the boys" - he did not explain what he meant.
JOHN JOEL . I was at work at Day and Martin's at this time - I was with the prisoner when he purchased the dagger, about six weeks before this happened - he gave 4s. for it - he did not say what he wanted it for - I think it was bought in Russell-court; it was at the back of Drury-lane theatre - the prisoner had given me a paper parcel on the morning of the 3rd of April, before this matter happened, about seven o'clock - he gave it me and said, "Do not open this till I tell you" - after this had happened he said, "Now, Joel, you may open that" - I gave it to Moel, one of the men.
Cross-examined. Q. Do not you know what he bought the dagger for? A. No; I think it was to play with; because we used to play with such things.
Q. With daggers? A. With knives, made like daggers - I and another boy and the prisoner used to play with them - we used to open them at one another - we used to play theatrically - I had a ground knife - I only had it one night, and I took it home - I put it in my breeches.
Q. Did the knife open and shut? A. No; there was tin case made to it - I do not know that it would be dangerous to put it where I did, without a sheath - I put it inside my breeches - it was not sharp - it had not a very sharp point - it was not quite a point - if I had struck any body with it, I do not know whether it would have stabbed them - one other boy had a knife which, I believe, he used to carry up his sleeve - two of the boys had swords.
COURT. Q. Did you see the prisoner sharpen the dagger? A. Yes; I do not know how long it was before the accident - he sharpened it on a grindstone.
MR. STAMMERS. Q. Did he sharpen it where you sharpened yours? A. Mine was not sharpened - I do not know whether the other boys sharpened theirs - I have seen the papers - I recollect that the prisoner once gave me some papers, three or four months before this took place - there was something written on it - it was not an authority to receive part of his wages.
Q. Was it not a custom among the boys to pass these papers from one to another occasionally? A. I have known it - I never saw a boy with a pistol nor a horn.
MR. DAWSON. Q. Was it customary for the boys to make the papers into parcels, and give them into the custody of another boy to keep? A. I do not know about that.
LUKE WILSON . I am going on for fourteen years old - I had seen the prisoner about eight o'clock in the morning of the day this happened, and he told me I should see what nobody knew but himself - I asked him what it was - he made no answer - I saw the prisoner stab Mr. Weston - he threw the dagger on the ground, after he had stabbed him - Mr. Weston's evidence is correct.
Cross-examined. Q. Where were you when you heard the prisoner say this? A. Up by the table which the bottles are on, where I work - I and Quick were there - nobody else - he said nothing else - the prisoner and I were at the table together, about ten minutes - he said Bill Lawrence was not game to tell master - I said nothing to that - I have told you all that took place on that occasion - I used not to wear a sword or any thing.
COURT. Q. When he said, " Bill Lawrence is not game to tell master," was that before he said, "You shall see what nobody knows," or afterwards? A. Afterwards; it was about five minutes after ten o'clock when Weston came up to tell the boys what paste they were to put on, that he said that.
MR. STAMMERS. Q. Have you never told any body that the prisoner did not say what you now say he did say? A. No; I saw Quick's father yesterday at dinner time - I did not talk to him about it yesterday.
COURT. Q. Did he talk to you about it? A. Yes; he asked me whether he was in a rage when he stabbed master - I said no; I did not say any thing about the words Quick used to me at the table - I am quite certain that was never mentioned - Mark Wilson and Thomas Spencer wore swords or knives - they used to fence with the swords - they were not sharp at the end, but quite blunt - there was no knob at the end of them.
MR. STAMMERS. Q. Did any other boys wear knives? A. Yes; I do not know where they wore them - they used to play with them - Mr. Weston struck the prisoner on the back once, and he stooped down up against the cork bag - he struck him the second time on the side of the head - as he struck him on the back, he stooped down - Quick got up, turned round, and Weston struck him on the side of the head - Mr. Weston was very angry.
MR. DAWSON. Q. The prosecutor struck the prisoner first on the back, had you seen whether he had struck him before that or not? A. No; I cannot tell - one boy had a pair of swords, which the boys played with - they did not play with them on the premises - I never saw the swords on the premises.
WILLIAM LAWRENCE . I am servant to Day and Martin. I have the care of the boys under Weston - on Tuesday, the 1st of April, I had occasion to complain to Weston about the prisoner - on Wednesday evening, about eight o'clock, I was outside standing opposite to a shoemaker's shop, and felt a short blow on my head - I turned round and saw the prisoner - he said that was for telling master - on the Thursday I mentioned this to Weston about half-past ten o'clock.
Cross-examined. Q. You are overlooker of the boys? A. Yes; Weston is the managing owner, I believe - I have
JOHN WESTON re-examined. I am superintendent of the manufactory. I engage all the servants, discharge them if required, and pay them their wages - I am not a partner - Mr. Day never attends to the business.
JAMES ISAAC . I am a policeman. The prisoner was given into my custody - I produce a dagger which I received from one of the clerks of the firm - I also produce three pieces of paper with writing on them, and a paper with a pin in it - I received them from one of the men.
JOHN JOEL . These are the papers he gave to me - they were in this brown paper which has "Joel" written outside it - I do not know whose handwriting it is - I know the prisoner's handwriting - the papers are his handwriting, but I do not know about the name of Joel.
Cross-examined. Q. Have you ever seen him write? A. Yes.
HENRY DERRICHE JONES. I am a surgeon. On the 3d of April, I was called in to attend the prosecutor - he had a punctured wound in the arm, about two inches above the elbow, passing through the fleshy part of the arm, it passed obliquely upward, quite through the fleshy part - it was a punctured wound or stab.
Prisoner's Defence (written). I am placed before you charged with a crime of a very serious nature; I will state nothing but the truth. I do most solemnly declare the act was not premeditated, neither did I buy the instrument for any purpose, only to play with. I never owed Mr. Weston any malice in my life, though he has struck me before. There is no person can say that I ever threatened Mr. Weston or any one else to do them any injury. The other boys were in the habit of carrying weapons of a similar nature, and I got one likewise, as we were in the habit of playing at robbers and banditti. Those papers that I gave to John Joel were in case I got discharged, for I fully expected it. I did not expect Mr. Weston would strike me; when he struck me, I tried to get out of the way, but he followed me, and kept striking me, which so irritated me, that I struck the blow for which I am arraigned at the bar, and which I have since most sincerely repented of.
( John Wood , Thomas Bernell , Peter Anderson , and William Hunt , in the employ of Messrs. Day and Martin; and Samuel Humphreys , William Kendrick , Henry Cutler , Samuel White , George Richardson , Henry White , James Cutler , and Edward Bulpit , gave the prisoner a good character.)
GUILTY - DEATH . Aged 16. - Recommended to mercy by the Prosecutor and Jury, on account of his youth and previous good character .
First Middlesex Jury, before Mr. Justice Vaughan.
340. WILLIAM FRANCIS was indicted for burglariously breaking and entering the dwelling-house of Thomas Piper , on the 26th of April , at New Brentford, with intent to steal, and stealing therein, 1 jar, value 3s.; 1 gallon of brandy, value 30s.; and 1 gallon of rum, value 14s., his property .
THOMAS PIPER . I keep the Six Bells, at New Brentford . On Saturday, the 26th of April, about half-past two o'clock in the morning, I was alarmed by the policeman - I got up, and let him into the house - my family consist of my son and my sister - I and my son had fastened the house up at night, and went to bed about twelve o'clock - we fastened and locked up all the doors, but there is a cellar flap which lets the light into the cellar, that was let down, but the bolt did not catch - it was close down - it is a flap which goes up to the wall and shuts down - it was closed, but not bolted - it is a flap in a larger one.
Q. How do you get to the cellar? A. You go into the bar, and a door opens from the bar into the cellar - that door was locked when I went to bed - when I got up I found the bar door locked, and the cellar door also - we went down into the cellar - I found the brandy jar removed into another cellar where rum is kept - that is the cellar the flap opens into - I am quite sure that jar was in the other cellar when I went to bed - I had seen it there that night the last thing before I went to bed - we found every thing correct - nothing was broken - whoever got into the cellar must have had a light, or they could not have passed along without some accident happening - nothing was taken away from the cellar - there is a staircase from the bar into the cellar, and there were marks where they had been cutting to force open the lock to get into the bar - that is the door I mentioned before - the door was cut by the side of the lock, but not sufficiently to let the bolt of the lock at liberty - the policeman and I went down - we found two gallons and a half of brandy and rum in the jar the brandy had been in - they had removed the jar out of the cellar with the brandy in it, and drawn some rum into it - there was about a gallon and a half of rum taken from a cask and mixed with the brandy - nothing was taken away - we looked about, but found no house-breaking implements, nor any thing deficient- I have known the prisoner some years - he is a labouring man, and was in my house the evening before, with three more companions, and left about half-past eleven o'clock, when all my company went out together - I fastened the front door after them - he had come into my house about half-past nine o'clock that evening with his companions - the house is in the township of New Brentford - the cellar is part of the house, and under it.
MAURICE MURPHY . I am a policeman. I was on duty at Brentford on the morning of Saturday, the 26th of April - about half-past two o'clock I heard an alarm given, and presently after a man came up in a direction from Piper's house, and told me something which he had seen - I went up to Piper's and took the prisoner into custody - he was in the custody of Holt the waggoner at that time - White the witness said in his presence that he saw him come out of Piper's cellar - he denied it - I took him to the station-house - he wore a short jacket.
Prisoner. Q. Did the waggoner seize hold of me first? A. Yes; you said, "I hope you won't transport me," and made a bolt up the alley by the Black Boy - we had a struggle in the road - I gave an alarm, and others came to my assistance.
THOMAS HOLT . I am waggoner to Mr. Russell, of Exeter. I was going through Brentford that morning - about fourteen or twenty yards from the prosecutor's I saw the prisoner come from the cellar, and cross the road - White came up to me and said, "That man has just come out of that cellar" - I said, "Why have you not taken him?" I walked before the horses and stopped the prisoner - I said, "What have you been at?" - he said, "Nothing" - White said, "You have just come out of the cellar" - I said, "I shall take you - you shall not go further till there is a policeman," and it was agreed he should go with White to the police - White took him along, and they had a scuffle in the road - I went to assist White, and kept him till the policeman came - I am sure he is the man - I saw him cross the road from the cellar - I did not see him come out of the cellar - this was between the market-place and the bridge at Brentford - it was a moonlight night - it was very light - the moon was not full.(The prisoner made no defence.)
GUILTY - DEATH . Aged 21. - Recommended to mercy by the Prosecutor and Jury, believing it to be his first offence .
OLD COURT. - Thursday, May 15th, 1834.
First Middlesex Jury, before Mr. Justice Littledale.
MR. LEE conducted the Prosecution.
THOMAS AYLING . I am in the employ of James Shudi Broadwood and Thomas Broadwood , pianoforte-maker s, who carry on business in Pultney-street, in the parish of St. James, Westminster . They do not reside on the premises - there is a housekeeper lives at the manufactory, and a cook and porter live there as their servants - the servants all three sleep there - Messrs. Broadwoods pay for the provisions.
Cross-examined by MR. PHILLIPS. Q. Are you certain they are not the servants of only one partner? A. I am - the firm pay their wages.
JOHN PAGE . In April last, I was employed by Mr. Page, my uncle, at Messrs. Broadwood's. On Friday, the 4th of April, the prisoner came into the shop where I was at work, and said he wanted to speak to me - I went down out of the shop - he said he had by him a piece of silk, which was made a present to him as a Christmas-box, by Mr. Chester - I do not know who Chester is - he asked if I was acquainted with any body in our line who would purchase it of him - I made inquiry at night as I went home - I saw him again on Saturday, and he asked if I had spoken to any body about the silk - I told him I had, and they could give me no satisfactory answer unless they saw it - that was about one o'clock - I saw him again between six and seven o'clock that night, at Mr. Swan's public-house, at the corner of Windmill-street - he had a parcel with him like silk - I did not know what it contained - it was rolled in paper - I came out of the public-house without my hat, and went to the Lemon public-house - I stood outside the bar, and the prisoner then had the same paper parcel with him - he asked me if I knew where he lived - I said no - he then asked for a pen and ink, and gave me his direction on paper - I told him I was going back to Mr. Swan's - he gave the parcel to the bar-maid, to be left there till I called for it - it was put behind the counter - I left the house in company with the prisoner, and in Windmill-street he told me the silk was all right - I was to leave it at a Jew's at the corner of Marylebone-lane, where I had called about it on the Friday, and if it was approved of, I was to go back and let the prisoner know - I was to go to his written direction - while I was going to the Jew's, Preston joined me, and while I was with him I was taken into custody by Thompson, and gave him the direction the prisoner wrote me, and the parcel which I had received from the bar-maid - I cannot say whether that was the parcel that the prisoner left with her - I told the policeman how I procured the silk.
Cross-examined by MR. PHILLIPS. Q. You were accused of stealing it yourself? A. Yes - I said I got it from the prisoner, and was let go - I have known the prisoner for the last four or five years by seeing him about the premises, - the different workshops at the prosecutors' - I frequent the different workshops myself some times - I am not employed by Messrs. Broadwood's - I was on the premises five years as polisher there - Mr. Page contracts for the polishing for Messrs. Broadwoods - I work in their shop, which is in Bridle-lane, Horseferry-road - I never saw any silk there except bits lying about - I have seen it out he instruments- I never saw silk in the workmen's hands - I will swear that I have not seen yards - I am not aware that it is in Bridle-lane that the silk is put into the pianofortes - I have never seen more than will go into an instrument - I do not know whether silk was kept there - I never saw any silk put on the instruments - I believe a man contracts for doing it - whether he does it at home or not I cannot say- no rolls of silks are kept in Bridle-lane or Horseferry-
Q. Do not you expect if this man is convicted you will not be tried as a receiver? A. No; I do not - I am not a receiver knowing it to be stolen - I know nothing at all about it - I do not expect to be tried again - I was never taken up before - I have been in a watch-house once - I have not been twice - I will swear I was not twice in a watch-house - it was for standing by when there was a row- a piece of work - there was nothing stolen - the watch-house is in High-street, Marylebone - I went before Mr. Rawlinson, the Magistrate, next day, and was examined - I was only there five minutes - I was taken up as tipsy, as they said, and was fined - that was the only time I was ever before a magistrate, that is two or three years ago - I told Thompson how I got the silk, but not all I have stated to-day - I went home after I got from prison - I was sent for by the solicitor about being a witness - I never opened the silk at all.
MR. LEE. Q. When taken into custody, you gave an account to Thompson? A. Yes - I was afterwards tried and acquitted, and afterwards I was sent for by the solicitor.
THOMAS HENRY THOMPSON . I am a sergeant of the D division of the police. On the 5th of April I was in Marylebone-lane - I saw Page and Preston between eight and nine o'clock at night at the shop door of Mr. Moss, a Jew - Page had this parcel of silk with him, which I afterwards took from him - it has been under my care ever since - after I got to the station-house, Page gave me a piece of paper, which I produce - in consequence of that, I went to No. 2, Titchfield-street, Dean-street, Soho, and found the prisoner there, in bed -(there is on the paper containing the parcel, "Harding and Co., 2625;" and under that, "80") - I awoke the prisoner out of his sleep - it was on the same night, between ten and eleven o'clock - I asked if he knew a man named Page - he said he did - I asked if he had sent Page to sell any silk for him - he said no - I told him he must get up - he did so - Jacques was with me - I sent him down for another officer, who was down stairs; and while he was gone the prisoner was by the side of the bed, and he said, "You can make this all right"- I said, "No; I can make nothing right" - I did not want him to say any thing to me, but to reserve what he had got to say before the magistrate - on our way to the station-house he said, that I could do all for him, and he would give me a sovereign to let him go home to sleep - at the station-house I asked him to write his address, which he did - I then produced this paper, and asked if he knew that handwriting - he said yes; that it was his direction - I said, "Yes, and your writing" - he said, yes it was.
Cross-examined. Q. He wrote his true address without any hesitation? A. Yes - he said he had not sent Page with any silk - I only asked him that question once.
HENRY HENMAN . I am shopman to Harding and Smith, who are silk-mercers, living in Pall-mall - they supply Messrs. Broadwoods with silk of a particular description - this roll of silk was supplied by our house to them on the 25th of March - the figures on the paper are the marks of the manufacturer - I produce the invoice of the manufacturers, which corresponds with the number on the paper, and also on the block - it is worth 3s. a yard.
Cross-examined. Q. It is by the mark on the block you know it? A. Yes - the silk is considerably wider than silk is usually made - it is made expressly for Broadwood's - we do not supply any other house with it - other houses may use the same width.
MR. LEE. Q. The silk is unusually wide? A. Yes - it is made by particular direction for Broadwood's.
COURT. Q. You do not manufacture it? A. No.
WILLIAM SAVAGE . I live in Milk-street, Cheapside - I am agent to Brocklehursts, silk-manufacturers, of Macclesfield - this silk was sent to me by them on the 12th of March - it would take six weeks or two months to manufacture it.
Cross-examined. Q. That is, provided the manufacturer had none ready made by him? A. Yes - nobody is here from them - they are extensive manufacturers - we do not supply any other piano-forte makers - a certain width is required for piano-fortes - I am sure they do not supply others, to my knowledge - we are agents to Brocklehursts, and supply Harding and other silk-mercers as well - we are their only agents.
BENJAMIN PRESTON . I live in Crawford-street, Marylebone - on Saturday evening, the 5th of April, I was at a pay-table, at Mr. Swan's, in Windmill-street - I saw Page there - Willard came to the door, at near seven o'clock - he came to the parlour door, and said, "Page, I want to speak to you" - Page went out.
BROOK PAGE . I am a French-polisher, and live in Princes-street, Soho - I recollect the Monday the prisoner was taken into custody - on the Saturday night previous, I was at the corner of Windmill-street - my men are paid at Swan's, but I never go there myself - I was near the house, and recollect seeing the prisoner opposite the house, about a quarter to seven o'clock - he asked me to go and drink with him - I refused - he had a parcel with him, eighteen or twenty inches long - it might be six times as large as this - I cannot say, for I did not take particular notice - I cannot say whether it was larger or smaller - that was a little before seven o'clock, as near as I can tell - the parcel was wrapped up in a different way to this - the paper is different altogether - it was wrapped up in whity-brown paper - he went from me into the public-house.
Cross-examined. Q. The paper parcel you saw was quite different from that altogether? A. Yes, it was - Page is my nephew - it is five years, on the 1st of April, since he was first in Broadwood's employ - I was on the premises in Bridle-lane - I do not know that they silked the piano-fortes there, but I believe they do - I believe they take the size of the front of the piano-forte and mark it out, and cut the silk out to the size - I have seen men at work there on the silk - one man, I believe, in particular was employed to put the silk into the fronts - I am still in the employ of Messrs. Broadwood - they have a great number of piano-fortes, and require a vast deal of silk - I may have seen forty of fifty piece of silk there during the time my nephew worked there; they were different colours - I have seen several pieces in the counting-house, containing a good many yards - the counting-house is in Bridle-lane - it is not my nephew's place to go there - it is my place - I do not believe he
MR. LEE. Q. During the five years he worked at Messrs. Broadwood's, who paid his wages? A. I did - I hired him, not they - part of the work is done in Bridle-lane and part on the premises - my nephew worked on the opposite side of the way from the counting-house, in the square yard - he had no business in the counting house, or any where but in the polishing room, unless I sent him.
COURT. Q. In what respect was the parcel different to this? A. Instead of being rolled in this manner, the paper was twisted at both ends.
JAMES BROWN . I live in Cross-court, Golden-square. On the 5th of April I was at the Swan in Windmill-street about seven o'clock, a little before or after; and after I was there a short time, I saw Page - while in conversation with him the prisoner came up and spoke to Page - he had something under his arm - I cannot tell whether it was round or square, nor what size it was - I heard him say he had been looking for Page - I wished them good night, and then left - I cannot say whether they left together - I cannot tell whether the parcel was in paper or cloth.
Cross-examined. Q. Round or square, short or long, you could not tell? A. I could not - he had something under his arm.
THOMAS AYLING re-examined. I recollect this piece of silk being in Broadwood's possession. I saw it as late as the 25th of March.
Cross-examined. Q. Was it wrapped up? A. It was- I did not open it - this is the paper which was round it.
COURT. Q. How can you say that is the same piece of silk? A. First, from the number on the paper, and the handwriting, and the number on the roller - the quality is the same as we use; but I cannot swear it is the same silk - I think it was delivered to us on the 24th or 25th of March - I saw it there on the 25th of March - it was received by the prisoner then - I was not present - I saw two other pieces lying with it; one blue, and the other the same colour as this - there was no silk missed.
Prisoner's Defence. I am not guilty of robbing Messrs. Broadwood's dwelling-house or counting-house.
NOT GUILTY .
THOMAS HENRY THOMPSON . I am a policeman. On the 5th of April, in consequence of information, I went to the prisoner's residence - among other things, I found there about a yard and a quarter of cloth - the prisoner was present, and his wife said the cloth was hers - he said nothing - I found five or seven duplicates on his wife, one dated the 26th of March - I asked her for the duplicates, and she produced them - I went to Stevens at No. 82, Wardour-street, in consequence of the duplicate, and there they produced some cloth - I asked Mrs. Willard who the cloth belonged to which was in pledge - this was in the presence of her husband - she said she did not know who it belonged to.
Cross-examined. Q. Where did you get the duplicate from? A. The front room - Mrs. Willard gave it to me.
THOMAS STEVENS . I live at No. 82, Wardour-street, and am a pawnbroker. This duplicate is in my handwriting - I produce the counterpart - here is the cloth mentioned in it - it was pawned by a man in the name of William Nelson , No. 5, Meard's-court - I have no knowledge of the person.
THOMAS AYLING . I am foreman to the prosecutors. The prisoner was employed in the store-room, where silk and cloth, and other articles, are kept - he kept one key of the store-room, and I the other - this is the same description of cloth as we use in making piano-fortes, for the keys and other purposes - Mr. Scarlett, of Marylebone-street, supplied us with the cloth.
Cross-examined. Q. You do not swear to the cloth? A. It is the same description as we use.
WILLIAM SCARLETT . I am a draper, and live in Marylebone-street, Piccadilly - I supply Messrs. Broadwoods with cloth - I supplied some in February - this is similar to it; but I cannot say it is the same - it is the same colour and quality.
NOT GUILTY .
743. WILLIAM HENRY JONES, alias James Bascal , was indicted for feloniously assaulting Henrietta Hutton on the 10th of May , putting her in fear, and taking from her person, and against her will, 1 bag, value 6d.; 1 purse, value 6d.; 1 pocket-book, value 6d.; 1 handkerchief, value 6d.; 7 keys, value 6d.; 3 sovereigns; 1 half-sovereign; 5 half-crowns; 2 shillings; 2 sixpences, and 1 bank-note, for the payment and value of 5l., her property , against the Statute.
HENRIETTA HUTTON . I am single . I live in Great Castle-street. On Saturday last, about four o'clock in the afternoon, as I was going out of my door, I saw a man on the opposite side of the way - I was going down Great Castle-street towards Regent-street - he crossed over towards me, and passed quickly by, and laid hold of the bag which I had on my arm - I had the string over my arm, and the upper part of the bag in my hand - he seized hold of the lower part of the bag, and being rather old, it gave way immediately, leaving the upper part of the bag in my hand - he ran off up Castle-street, and I turned immediately after him, and gave an alarm - my bag contained a dark Morocco pocket-book, with a £5 bank-note; a red silk purse, with three sovereigns and a half, and some silver; a bunch of keys and a handkerchief - I cannot describe his dress, except that he wore a red cap - I lost sight of him when I ran after him - I afterwards saw a man in a red cap, with a number of persons round him, in Castle-street - I could not say whether he was the man - I saw him a very few yards from where I was robbed - I saw my bag at the station-house afterwards - I saw my keys and purse at the station-house.
CHARLES PARDUE . I live in Princes-street. I saw Truss on Saturday with the prisoner - I saw the prisoner put his hand to his breast, he took out the bag, and threw it against the lamp - it stuck in the lamp - Truss climbed up and got it - while he was doing that the prisoner ran away, and a man got hold of him again - I went to the station-house, and the bag was produced there - that is it.
SAMUEL PATMORE (policeman D 67). The prisoner was given into my custody last Saturday, about half-past four o'clock, in Oxford-street - as we went to the station-house I asked his name - he said it was nothing to me - I asked where he lived, he made no answer - I neither threatened nor promised him - when we were at the station-house I asked what induced him to do this - he said he had no work - he had heard the charge made, it was for stealing a lady's reticule from her arm - he said then, "I suppose it will be all up with me this time" - when I got to the station-house I had searched him for the pocket-book, but not finding it, I said, "What has become of the pocket-book?"- he said if we had looked out sharp we might have seen that as well as the purse; and then he said he hoped somebody had got it that would do good with it, it was a good prize - I received the bag from the witness - it had a red purse and three sovereigns and a half, five half-sovereigns, two shillings, and two sixpences in it.
MISS HUTTON. This is my bag and money.
Prisoner's Defence. I was passing through Castle-street promiscuously - I picked it up - several persons saw me pick it up, and called after me - they ran after me, and being so closely pursued I threw it away.
GUILTY. Aged 28. - Of stealing from the person only .
Transported for Life .
Before Mr. Justice Littledale.
WILLIAM PAVITT . I am a farmer , living at Bayford, about three miles and a half from Hertford - I lost this mare on the 25th of April, or early in the morning of the 26th - she was missing on the 26th from one of the pastures close to the house - I had not seen it there myself - on the Sunday I heard a mare had been detained on the road, and I saw her at the Elephant, in Kingsland-road, and knew her to be mine - I had had her more than eight years - she is about fourteen years old - there were several marks on her- she was a dark brown mare, almost black, and had a slip down her face, and two or three white spots on her near shoulder.
JOHN PENN . I am servant to Mr. Pavitt, and have the care of his horses. On the 25th of April I put this mare in the pasture close to the house, between three and four o'clock in the afternoon - I went to look for her about ten o'clock next morning, and she was gone - I did not see her again until late on Wednesday, the 29th, in the cow-house, at master's premises - it was the same mare - she is a dark brown.
JAMES CLARK . I am a police-serjeant. On Saturday, the 26th of April, I was on duty, and met the prisoner at half-past four o'clock in the morning, in the Kingsland-road - he had a mare, and was leading her, coming towards town - I asked him where he was going with the mare - he said he was going to the knackers with her - I told him I thought she was too good for the knackers - he said, no she was not, she was quite worn out, she was of no use but for the knackers - I asked him who it belonged to - he said it belonged to his brother at Hertford-heath - I then took him to the station-house, and from there to Worship-street, with the mare - I asked him who it belonged to at the station-house, and he gave me the same answer, that it belonged to his brother at Hertford - he was taken to Worship-street on Saturday morning, the 26th - what he said there was taken down in writing - he was remanded until the Monday - I put the mare up at a livery stable, at the Elephant, in the Kingsland-road - it is a very dark brown mare- I did not see Pavitt till Monday morning, at Worship-street, where I had brought the mare to - Pavitt saw it there in my presence - he claimed it and took it home.
WILLIAM PAVITT re-examined. I saw the mare on Sunday at the Elephant, in the Kingsland-road, and also on the Monday following at Worship-street - I saw Clark in Kingsland-road on the Sunday, and on the Monday we went to Worship-street together - I followed behind him - I saw the mare at Worship-street, in his presence - it was mine.
Prisoner's Defence. I went after a job of work, and I had 5l. 10s. in my pocket - on Cheshunt-common I lit on a man named Pitts, as he told me - he asked if I wanted to buy a mare - I told him "No" - he said, "If you are out of work you may get 1l. or 2l. by it" - I said, "What do you want for it?" - he said "5l. 10s." - I bid him 3l. 10s. - he said I should have it - I gave him the money - he said,"There is no doubt, if you go to London, you may clear 2l. on it" - I said I would, as I had nothing to do - this was last Friday fortnight evening, about five o'clock.
GUILTY . Aged 48. - Transported for Life .
Before Mr. Justice Vaughan.
745. ANN ALLEN was indicted for feloniously breaking and entering the dwelling-house of Evan Jones , on the 26th of March , at St. Leonard, Shoreditch , and stealing therein 4 caps, value 5s.; 2 pillow-cases, value 2s.; 1 gown, value 2s.; 1 shawl, value 2s.; 1 handkerchief, value 5s.; 3 petticoats, value 6s.; 1 sheet, value 2s.; 1 bolster-case, value 1s.; 1 pair of stockings, value 1s.; and 1 bag, value 6d., his property .York-row, Kingsland - the prisoner has lodged with me - I had no other lodger - she left a month before the robbery - I went out nursing, and returned home on the 26th of March, about seven o'clock in the morning, and opened my door and missed all my things - I had been there the evening before, and they were safe - I had not seen the prisoner - I had suspicions, and on the 18th of April I went to the prisoner's house - she passes as a married woman, and lives in Maria-street, about five minutes' walk from me - I found her at home, and told her about my loss - she said it must be somebody who knew the house - I said I knew that, and I saw a stocking belonging to the sleeve of my husband's waistcoat in her cupboard - I asked her kindly to let me have some of my things, or the duplicates, and I should do no more about it - she said I might whoop for them back or no, whether I should get them - I said it would be the worse for her - when I left the evening before, I left my husband in the house, and my children in bed, between ten and eleven o'clock - I gave information to the police, and she was taken, and two of the worst of my caps were found with other things; and while they were searching the room she offered me 1l. to make it up and say no more about it - the policemen heard it - they were searching the room at the time.
Cross-examined by MR. PHILLIPS. Q. Did you state before the magistrate that she offered you 1l.? A. Yes; I think I did; I am not sure of it - I think I did state it - I am sure of it - my eldest child is seventeen, the next is thirteen years of age; but the eldest was not at home - the youngest was at home - she knows nothing about it - my door opens by a latch, and so does the other door - my husband locked the door - he did not go out with me - I locked the door the night before, when I went out, between ten and eleven o'clock, and next morning I found it only on the latch - I pulled it after me when I went out - my husband bolted it after me - it locks without the key - it is a spring lock, which any body inside could open - I pulled the door to - the prisoner and I have never had any quarrel; not the slightest - I do not remember a word of quarrelling about a counterfeit shilling.
Q. Did she throw away a counterfeit shilling which you gave her? A. I did not give her the shilling - she asked me for money - I told her I had none, and she snatched a shilling out of my hand - that was on the 18th of April, before I charged her with this business - it was not a very bad one - I did not offer it to any body - she had no business to take it - I did not want her to take it - I was not angry with her for taking it - she snatched it out of my hand, and ran out with it - I never asked her to pass it - I did not go to her house for that - she never told me she would not try to pass it for me; but I never wanted her to pass it - my husband's master would take the shilling back, for he had worked for it - I had not quarrelled with her about the shilling - I said nothing to her about it.
Q. Has she ever bought any thing of you - some of these very things you charge her with? A. She took several of my things before she left, and that is the reason I gave her notice to quit - she bought some of my property and thieved them too - my husband never takes notice of what I have got - I told him she had bought things of me - I never sent out for brandy with the money she gave me for the things - I cannot say I do not like a glass very well.
EVAN JONES. I am the husband of Elizabeth Jones - I remember her going out between ten and eleven o'clock, she pulled the door after her; and I went and bolted it, and went to bed - and about two o'clock in the morning, I heard the prisoner knocking at my door - she was very much intoxicated - I could tell that from her voice, as I knew her from lodging with us - she asked me to let her in, for she was almost perishing with cold; but I did not answer her - and about three o'clock, I heard her again knocking at the door - she said, "Pray, Jones, let me in; I am almost perishing with cold" - but I did not let her in - I heard no more of her - I am quite certain it was her voice - I got up that morning about half-past five o'clock, and went down stairs, and undid the door, which was fast as I had left it, bolted inside - I left the house about a quarter before six o'clock, and put the door on the latch - I pulled the spring lock back - I am quite sure the door was latched, for I tried it - I returned about half-past eight o'clock to breakfast, and found my wife at home - about three weeks afterwards, when my wife returned from nursing, she brought me a piece of stocking, which had come off my waistcoat - it had been part of my waistcoat-sleeve - I went to Worship-street that day, the 18th of April, and went to the prisoner's house with two policemen, and found two caps, and many other things, which my wife owned - as soon as we found one article, Allen fell on her knees and begged me to go no further with it, and she would give me 1l. - I said I never took a bribe from any body, but if the magistrate thought proper, I was agreeable.
Cross-examined. Q. How many persons had you left behind in the house when you went out in the morning? A. My two children, who are thirteen and ten years old - they were able to go down stairs - they go to school, and let themselves and out - the prisoner offered 1l. to me - my wife was present - she told me she had sold the prisoner some things when she lived with us - I did not see my wife sell her any thing - I do not remember the quarrel about the bad shilling - I was not present - I had received the shilling from my master - I left it on the table, and my wife took it up; but I know nothing of what passed between the prisoner and her.
Q. Do not you know she and your wife were in the habit of swapping, and getting brandy and gin? A. No; she is not in the habit of drinking like other people - I do not know that there were bargains between them about their different apparel - I heard of the prisoner buying caps of her.
THOMAS CASSIDY . I am a policeman. I have two caps - I found one in a band-box, and another in a bag in the prisoner's room, in Thomas-street, Hackney-road, on the 18th of April - the prosecutor lives in York-row, in the parish of St. Leonard, Shoreditch - the prisoner and her husband were both at home - the prosecutor and his wife went with me - the prisoner denied strongly knowing any thing of the robbery, and did not say how she came by
Cross-examined. Q. This was after you had refused 2l. to let her go home? A. Yes - I had asked her no question whatever about it - I did not make her any answer - she voluntarily said she did take it - she did not say, "I am sorry for it" - that was all that passed between us - we walked rather better than half or three quarters of a mile - during all that walk not a word passed besides - I cannot say that I have described all that took place in the room, for I was busy searching the room - nothing more took place, more than the prisoner stating she would make any recompense to the prosecutor not to bring it any further - that was what I heard - no sum was mentioned that I heard - the prisoner was sometimes standing up and sometimes sitting down - it was a good-sized room - there was a bed in it - I cannot say that she fell on her knees to either of them - she might have done it while I was searching on one side of the bed - she could not have spoken loud enough for them to hear and I not hear her in that room - I did not hear any sum mentioned.
Cross-examined. Q. How many caps did you sell her? A. None; I gave her one when she came home drunk, without cap or bonnet - she had two or three men with her at my house - I sold her one cap and gave her another - two policemen were in the room when she offered me 1l. - she mentioned the word "pound" to me, and after that she went on her knees - whether they saw her I cannot tell - they were searching for my things - it is a very large room - I know she fell on her knees - she did not mention the pound very loud - she mentioned it to me - any body in the room must have heard it.
JOHN HALL . I am a policeman. I went with the other witnesses to the prisoner's house, and searched - I found the stocking sleeve and the sleeve of a gown, and a sampler - the sleeve of the gown which belongs to the daughter was in a bag - I heard the prisoner offer Mrs. Jones 1l., on her knees, to make it up - she went on her knees and held up her hands and said, "Pray, Mrs Jones, I will give you a pound, or any thing else, but do not take me to-night to the station-house."
Cross-examined. Q. Was your brother policeman there? A. He was - it is a middling-sized room - her falling on her knees escaped his observation - I was down on the left hand side of the bed, and he was on the other side against the door against the fire-place, and the foot of the bedstead comes to the fire-place - he could not see it as his back was to the fire-place - he might not have heard it - I did not hear the word "recompense" mentioned.
NOT GUILTY .
First London Jury, before Mr. Recorder.
GUILTY . Aged 42. - Transported for Seven Years .
GENERAL SEBRIGHT MAWBY. I live in Baker-street, Portman-square. On the afternoon of the 25th of April I was in Fleet-street , and felt a twitch at my left hand coat pocket - I threw my hand back, and found my pocket-book was gone - I immediately turned round, and saw the prisoner with something in his right hand, trying to conceal it from going behind him, and in that hand I saw my pocketbook - he was close to me - I seized him and took him into a shop - I saw him drop my pocket-book - I left it in possession of an officer, sealed up, and it was produced before the magistrate.
RICHARD JAMES COX . I am fourteen years old. I live in Great Peter-street, Westminster. I was in Fleet-street on the 25th of April, about four o'clock, and saw the prisoner pull his hand out of the prosecutor's pocket, as I turned round to go into a shop - the prosecutor turned round, collared him, and then he dropped the pocket-book - the prosecutor put him into the shop that I was going into.
Cross-examined. Q. How far were you from the prisoner? A. Close to him - I was on the curb-stone - I was going into a shop - I think he put the hand into the nearest pocket to me - when he was taken, he said it was not him, and at the watch-house he said he had shown the gentleman a man who was running, but he would not go after him - I did not see him till he was pulling his hand out of the gentleman's pocket - he was shuffling past.
Prisoner's Defence. About half-past four o'clock in the afternoon, I left the Borough on my way to Smithfield. I had to go to my uncle's with a parcel, and from there to Drury-lane Theatre; and in Fleet-street, about half-past five o'clock, I was walking very fast on the curb, when the prosecutor came up and accused me of it - I went with him into a shop - they sent for a policeman, who came in about ten minutes, and the lad came in at the same time - he heard the prosecutor's evidence, and instantly said he had seen my hand in the gentleman's pocket; he knew nothing about it till he heard the prosecutor's statement - I had my hand in my coat pocket when the gentleman caught hold of me - when he took up the book he was ten or twelve yards from me.
RICHARD JAMES COX re-examined. The prosecutor called me, and asked me what I had seen - I told him - he did not tell me that the prisoner was the man - he said,"Did you see the prisoner do it?" - I said, "Yes" - that was all - I am sure I saw what I have stated.
GUILTY .* Aged 18. - Transported for Fourteen Years .
Evan Daniel , her master .
EVAN DANIEL. I live at No. 32, Bishopsgate-street - Within , and am a surgeon . The prisoner lived in my service for nineteen months; and on the 21st of March, in the morning, I gave her warning to leave that day month - and after I had gone out, she left, and not returning, I searched and missed sheets, table-cloths, spoons, shirts, stockings, and bed furniture - I mentioned it to one of the day police, and on the 12th of April she was taken into custody - I have found the greatest part of my property - when the prisoner was apprehended, (I neither threatened nor promised her,) I asked her what she did with my property - she said she had it all safe, and I should have it - that was about ten o'clock at night - I took her to the watch-house, which was close by, and gave her in charge - they took her up stairs, and presently I was called up, and twenty-six duplicates were produced in her presence - on my pointing to one, and asking if it was the bolster of her bed, she said it was.
WILLIAM RILEY . I am an officer of Bishopsgate. The prisoner was given into my custody - I was about to search her, and she gave me a parcel of duplicates - I said I must search her further, and then she gave me another parcel of duplicates.
LEWIS HARRIS . I am shopman to Mr. Bradley. I produce some articles from him, several of which I took in myself - I took in this sheet and table-cloth for 10s. 6d. on the 9th of April - I have six other parcels, the duplicates of which are not in my handwriting.
EVAN DANIEL re-examined. My name is on the tablecloth - it is my property, and the sheet also - I never saw any thing irregular in her character while with me - the property has been pledged within a period of twelve months.
GUILTY. Aged 44. - Recommended to mercy . - Transported for Seven Years .
749. ROBERT HART was indicted for stealing, on the 1st of May , 1 watch, value 25l.; 1 watch chain, value 2l.; 2 seals, value 5l.; 1 watch key, value 10s., the goods of James Webster , from his person .
MR. ADOLPHUS conducted the Prosecution.
JAMES WEBSTER. I am a colonial produce broker , and live in Great Tower-street. On the 1st of May I was returning from Lloyd's, which I had left at a quarter to two o'clock, and on passing along the north side of Fenchurch-street , at the corner of Lime-street, I was suddenly hustled by five or six well-dressed men - the prisoner was nearest to me - there might be a dozen of them, but I was not touched by above five or six - I passed my hand down, felt my watch slipping from me, and grasped it in the prisoner's hand, with a view to get it from him - I could not see it in his hand at that time, because he was close to me - but I felt it distinctly in his hand, and knew it to be mine, from the peculiar feel of the seals and chain - some of them shoved me away, and opened the way to let him go, and then drew across Lime-street to obstruct me - I immediately struck them with my stick on their shins, right and left, got them out of the way, and followed the prisoner - he turned into the market, and by that time he had changed the watch from his right hand to his left - he showed it to his companions - I knew it to be mine - I saw it in his hand at that moment, and knew it - there is not such another watch in England - I followed him, calling,"Stop thief," and presently he was stopped - I identified him directly I saw him, and begged the witness to detain him till I got a policeman - some of the butchers in the market told me my watch was safe, and it was produced in a quarter of an hour or twenty minutes.
Cross-examined by MR. STAMMERS. Q. I suppose you were rather agitated at the attack? A. I cannot say I was, or I should not have been able to clear these fellows out of the way for me to run after him - I certainly was not very collected - I lost sight of the prisoner when he turned into the market - there was the angle of the passage between him and me for about half a minute - he must have changed the watch from his right hand to his left before he got to the corner, because I saw it in his left hand before that - I was not observing him at the moment he changed it - he must have done it under his coat - he took it with his right hand, and I saw it afterwards in his left - I will not venture to swear he changed it under his coat, because I could not see it - I recognised two other men at the police-office, but not sufficiently to swear to them - there are one or two others I could swear to, whom I have been looking for ever since - there was a man with a wooden leg in the office who I said was exceedingly like one of them, but I said I would not swear to him - I am not persuaded that he was not one of them now.
MR. ADOLPHUS. Q. Whether he changed the watch before his breast or under his coat, are you sure he was the man who had your watch? A. Most undoubtedly - I never doubted his being the man.
COURT. Q. Although your attention was not called to the features of the man who took the watch, because he was so near you, are you quite clear the prisoner was the person who held your watch in the manner you have described? A. My attention was particularly directed to his features; I saw his face at the time the watch was taken - his face was close to mine; but I could not see the watch then, as he was so close to me - I saw his features distinctly when it was being taken from my person.
CHARLES JAMES . I pursued the prisoner, hearing the cry of "Stop thief" - I saw nothing in his hand - I kept my eye on him, and when he went round the market I lost sight of him for a short time; and at the end of the market a number of others surrounded him, and he said, "I am not the man; let me go" - I said, "That is the man; do not let him go" - I saw no property about him; but I pursued him, on Mr. Webster's calling "Stop thief," up Lime-street, into the market.
Cross-examined. Q. Did you keep your eyes on him all the way? A. Certainly not - I saw nothing at all in his hand - from his appearance at first I could not believe he was the thief; but when I saw him endeavouring to get away, and saying it was not him, I said, "That is the man" - I knew it was the prisoner from the first sight I had of him- he ran about fifty yards - I had a full view of his face when he turned the corner.
MR. ADOLPHUS. Q. He was running, and you follow
CHARLES WHITE . I am a butcher in Leadenhall-market. I stopped the prisoner - he said, "Let me go; I am not the man" - I ran out of the shop and collared him, hearing a cry of "Stop thief;" and he leaned across the bench, and dropped something under a butcher's stall-board - I could not see what he dropped - Mr. James came up, and said he was the man.
JOHN DOYLE . I was in Leadenhall-market, and saw the prisoner lean over the board, and put something down - I found afterwards it was a watch - I took it up and gave it to Mr. Walkington - I saw the prisoner put it down.
Cross-examined. Q. Were there any other persons going by at the time? A. No: there were other people in the market.
COURT. Q. Did any body else lean over the board and put any thing down? A. No.
JOHN WEBSTER re-examined. That is the which was watch stolen from me that day.
Prisoner's Defence. I, being a Jew, am not permitted to work on the Passover. I was merely taking a walk through the City; and going through the market, I heard a cry of "Stop thief:" several persons were running, and I myself stepped out quicker than I had before, and was immediately taken into custody.
MR. WEBSTER re-examined. I caught hold of it after he took it, but it was forced out of my hand.
GUILTY . Aged 22. - Transported for Life .
GEORGE DEAN McLEOD . I live in Charles-street, Seymour-street, Euston-square - about half-past ten o'clock on the night of April 25, I was in Fleet-street - in consequence of information I turned round and put my hand to my pocket and missed my handkerchief - I observed it on the ground - I took it up and gave it to Howel, the officer, afterwards.
Perry. Q. What did the officer say to you when I was first taken into custody? A. Both were taken together - the officer said, "Sir, you have lost your handkerchief" - I turned round, and he said, "There it is, on the ground" - I took it up - he then said, "The street is swarming with them, you must go with me to the watch-house, which is close by."
Perry. The officer came up and said, "I believe, Sir, you have lost your handkerchief, and I believe one of those two boys has got it" - there were two boys running down the street - the gentleman said at first he had not lost any thing - the officer said, "You had better feel" and the handkerchief was on the ground.
Witness. That is not exactly correct - he said, "You have lost your handkerchief" - I put my hand into my pocket and found I had lost it - he had both the prisoners in custody, and pointed to my handkerchief on the ground.
Perry. When the officer came to the watch-house he said, "I very nearly caught two more; they knew me, which made them run away" - I leave it to the jury to say whether those two had not come to look for the handkerchief, where they had thrown it.
WILLIAM HOWELL . I am an officer of St. Bride's - on the 25th of April I was coming down Fleet-street, and saw the two prisoners behind the prosecutor - Lloyd ran up and took the handkerchief out, and handed it to the other prisoner, who saw me and threw it down - I seized him, and told the prosecutor his pocket was picked - he felt and missed it - I said, "There it lies, on the ground" - he took it up, and I told him to come to the watch-house - he seemed not inclined to come, and I said, "This is the way so many pickpockets are about," and he came down with it- I afterwards went into the watch-house, and said as I came along, two young gentlemen had very nearly picked a pocket.(Property produced and sworn to.)
Perry's Defence. I made no resistance - my mother had been ill about four months - I had to go to Tothill-fields, to a Mrs. Malay, to come and sit up with her all night, which was the reason I was out at that time - I had been ill in bed all the week myself.
Lloyd's Defence. He asked me to go with him to the other end of the town - the officer caught hold of us and said one of us had got the handkerchief.
WILLIAM HOWEL re-examined. I am positive Lloyd put his hand into the prosecutor's pocket, and I saw him deliver the handkerchief to Perry; I seized them immediately.
(Elizabeth Arnold, coal-dealer, Coleman-street Buildings; and Jane Stott, 3, Sun-court, Coleman-street; gave the prisoner Lloyd a good character; and Frances Putt, 17, Moor-lane, Fore-street, gave the prisoner Perry a good character.
PERRY - GUILTY. Aged 20.
LLOYD - GUILTY. Aged 17.
Recommended to mercy . - Confined Three Months .
GILBERT LINNEY HUTCHINSON . I live in Essex-street, Strand. On the night of the 6th of May, between ten and eleven o'clock, I was in Newgate-street , and noticed a twitch at my right hand pocket - I turned round immediately and seized the prisoner, and at that instant he threw away my handkerchief, which I took up.
GUILTY . Aged 15.* - Transported for Seven Years .
Aldersgate-street on Sunday, the 27th of April, about a quarter before twelve o'clock - when I had got a little on this side Barbican I put my hand down and missed my handkerchief - I instantly turned round, saw the prisoner, and caught a glimpse of my handkerchief going under his jacket - he and another little boy with him ran off immediately - I pursued, calling "Stop thief!" - he ran and turned into Barbican; and after running thirty or forty yards, he slipped off his shoes - he soon after dropped my handkerchief, and was stopped in a minutes or two - a person in the street took up the handkerchief - the policeman passing asked for it, and I gave it him - he followed, and the prisoner was taken - I did not lose sight of him from the time I saw it under his jacket till he was stopped.
Cross-examined. Q. There was another boy as near to you as the prisoner? A. Yes - I cannot swear which took it, but I caught a glimpse of it going under the prisoner's jacket - the other boy fell down, but seeing the handkerchief in the prisoner's possession, I did not care for him, but followed the prisoner.
CHARLES BURGESS (police-constable 25). I saw the prisoner turning from the prosecutor - I was in Long-lane and pursued him - he dropped the handkerchief about fifty yards up Barbican, and kicked his two slippers off - he was stopped at last, and we took him in charge - I saw a little boy fall down - I never lost sight of the prisoner - I saw him tucking the handkerchief under his jacket.(Property produced and sworn to.)
GUILTY .* Aged 16. - Transported for Seven Years .
754. GEORGE STEWART was indicted for stealing, on the 18th of April , 1 pair of gloves, value 2s.; 1 handkerchief, value 2s. 6d.; and 1 watch-guard, value 1s. 6d.; the goods of John Simpson and others, his masters .
JOHN SIMPSON. I live in Bishopsgate-street . I have two partner s - the prisoner was three weeks in our employ - on the 18th of April, he served a customer in a manner which I considered irregular, and that called my attention to him - I had a policeman to search his boxes - nothing was found in them which we could identify - he subsequently searched his person, and we observed him fumbling behind his coat, and a small parcel dropped from his coat, containing a silk handkerchief, and in a few moments afterwards, another parcel containing a pair of gloves - the watch-guard was taken from his pocket - he said he had taken those goods with the intention of entering them in the day-book in the evening to himself - we do not allow shopmen to take goods, and leave it to them to enter as purchased of us - he never did so that I know of before - he never applied to purchase any of these articles.
Cross-examined by MR. STAMMERS. Q. Although it was not your habit to do so, it is the custom of the trade? A. That I can say nothing about - I have been in the trade about eight years - I have not been shopman in a retail house - I will not undertake to swear it is not the custom, but I should consider it is not - a note fell from his pocket with the other things, containing an order from a friend of his for these very articles - I believe the policeman has it.(This note was signed " J. Fraser," and requested the prisoner to send him the articles in question.)
JOHN SIMPSON re-examined. They are the property of myself and partners - I had him taken into custody in consequence of something which I disapproved of - he had no time to give me any account of this, if he had taken them to purchase, but they were secreted about his person - our custom is to take goods to the entering clerk, and have them entered before they are taken out of the shop - he had no opportunity to have them entered after I had taken him into custody - he has now given an account of buying them on his own account - he said nothing about them at all till the policeman searched him - the letter was found at the same time - I received a very good character with him - we had not been more busy than usual that day.(Witnesses for the Defence.)
DONALD McDONALD . I am a shopman to Brown, Sharp, and Co., Linen-drapers, in Bread-street. I have been in the retail trade upwards of ten years as a servant - I have been eighteen months in Brown, Sharp and Co.'s service - I have been in four places of the same kind in London, and one in the country.
Q. What is the understood term of contract between a master and servant in your business with reference to goods? A. That they are not entered during the time of day when they are busy.
COURT. Q. What are entered? A. Goods that young men require for their own purpose - they are not taken secretly, but the young men get the goods cut, and they are laid aside till they are entered, either in the morning or evening - the man who wants them often cuts them off himself - he gives notice to his employer of it - they are laid aside publicly.
MR. STAMMERS. Q. Is it always the case that goods are openly exposed to the master's eye? A. I cannot say that it is - I have been in the employ of people whom I might not see for three or four days - the goods are generally entered in the morning, being the most disengaged.
COURT. Q. Are we to understand that you being in the employ of a person, in his absence for four days together, you have taken his goods, and set them aside without his knowledge or any communication to him? A. No; I get the goods entered for me during his absence, by another servant - but I could not do that while they were busy - there was no secrecy in the transaction - they were laid aside.
MR. STAMMERS. Q. How long have you known the prisoner? A. Upwards of seven years - his character has been the best for honesty and respectability.
COURT. Q. Are you the writer of this note? A. Yes- I wrote it to the prisoner with the intention of getting the goods - I thought I should have them cheaper from him than at other shops - I thought I should have them at cost price.
MR. SIMPSON re-examined. The price is marked on one of the articles - a young man, Adams, was in the depart
NOT GUILTY .
MARY WILKINSON. I live in Wormwood-street. On the 18th of April , I made a purchase at the prosecutor's shop of flannel and stockings - I paid the money to the prisoner - I believe I paid him 6s. - I remained in the shop till he was apprehended - I cannot tell what quantity of flannel it was - I paid him 6s. I am certain - I bought two pair of stockings.
JOHN SIMPSON . The prisoner was in my employ, and was intrusted to receive money - when Wilkinson was in my shop I observed her looking at some flannel and stockings - shortly after the prisoner brought me 5s. with a bill, which I produce - the regular way a bill should be made out by a shopman is describing the articles, and having the articles examined by another young man, who signs the bill: and the custom is to take the bill up with the money, in order that it may be seen to be correct - the cashier was at tea, and I went to the desk to receive the money myself - he paid me 5s. with this bill - I asked him what goods he had sold her - he said, "Four yards of flannel at 1s. 21/2d., and a piece of tape at 2d." - he had made a false bill, and merely said on it, "Flannel 5s.," and it was not signed - I spoke to Wilkinson, and observed two pair of stockings lying on the flannel he had sold her - he hesitated at doing the parcel up - he then called me aside, and said there was a mistake, that the goods he sold her came to 6s. - I said, "You have only brought me 5s." - he said, "Here another shilling" - this bill is in his writing; that which is in pencil; what is in ink is mine - it was not till I had spoken to Wilkinson, and looked at the parcel, I learnt from him that he had sold to the extent of 6s. - he said he had sold her tape, but she had not bought any - the bill merely was "Flannel, 5s." - when I had examined the parcel he said it was a mistake, and it was 6s. - the flannel mentioned at 4s. 10d., and he said there were two pieces of tape, making it 5s. - I found there was no tape, but two pair of stockings.
Cross-examined. Q. How long have you been in business? A. On my own account about twelve months - I never had a mistake made by a shopman in that way before with the money retained in his hand - I was six years in business before I began myself - I never heard of a shopman making a false bill out - it was his duty to get the bill marked - I was within five yards of him, and generally, when I can, I mark the bills - he never made an excuse for not getting it marked.
COURT. A. When you asked him what articles had been sold, he said flannel and tape, 2d.? A. Yes; when I ascertained what he had sold, and that it was 6s., he said it was a mistake, and offered me 1s.
MR. STAMMERS. Q. Did not he say, as if recollecting himself, "Oh, there are two pair of hose?" A. He simply said, "There is a mistake; the goods I sold amount to 6s. - I have another shilling," and gave it to me - I suppose he stood hesitating three quarters of a minute.
MARY WILKINSON examined. I paid him two half-crowns, and one shilling - I did not receive any change from him.
GUILTY . Aged 20. - Confined Three Months .
NEW COURT. - Thursday, May 15th.
Fourth Middlesex Jury, before Mr. Common Serjeant.
GUILTY . Aged 24. - Transported for Seven Years .
GUILTY . - Confined Seven Days .
JOHN BAKER. I live servant with Gen. Anderson, in Pall-mall - on the 13th of April, about eight o'clock in the evening, I was near the Haymarket - the prisoner accosted me - I went with her to a house - when I went in, I took my purse in my hand to pay for the room; and when I got into the room, I put it into my left hand pocket - I had in it three sovereigns, one crown, one half-crown, and seven shillings; that was beside what I paid for the room - I was not in the room more than five minutes before I missed my purse, and accused the prisoner of it - she denied all knowledge of it - I made an alarm in the house, and requested the people to fetch a policeman - the serjeant of police came with two men - they found the purse and money, but not in my presence - I had undone my trousers.
Prisoner. Q. Did I speak to you, before you spoke to me? A. You spoke to me first - when we got to the house you asked me for a shilling to pay for the room - I did not say I would give you the purse, and what was in it - I was on the bed, but took no liberties with her.
THOMAS JOSEPH WEST (police-serjeant C 15). I was sent for, and searched the prisoner to her shift and stockings - I then sent for a female, who found the purse under her petticoats - she steadfastly denied having had the purse.
Prisoner. He is speaking very falsely - I said I had the purse, but would not give it up. Witness. She denied having it, and abused the prosecutor very much.
Prisoner's Defence. After he took liberties with me, he demanded the purse back again, and said I had robbed him.
GUILTY . Aged 16. - Transported for Seven Years .
JOHN CHIDLEY. I am a bookseller , and live in Goswell-street . These books are mine - I had seen them a day or two before - I missed them along with some others - I am quite positive they are mine - they were a distance inside the shop quite sufficient to protect them, unless some person had reached a great way in - they are a translation of Klopstock's Messiah.
ALFRED WALKER . I am twelve years old - I know the nature of an oath - I am errand-boy to the prosecutor - on that Friday evening I saw a boy come in and take this bundle of books from the little counter - I never saw him before - I think he was taller than the prisoner, and dressed in a flannel jacket; but I could not well see how tall he was, as he was kneeling down - this was on the Friday night, and on Saturday morning the prisoner was taken.
Prisoner's Defence. I was going down Petticoat-lane to make an exchange for my coat; I saw these books selling by a boy about eighteen years of age; he was showing them to a parcel of Jews. I asked what he wanted for them: he said a shilling. I said I would give him ten-pence for them, and I bought them. The next morning I was going along with them, and was stopped. I had borrowed the flannel jacket to wear for a day or two, while I had this coat repaired under the arm.
GUILTY . Aged 22. - Transported for Seven Years .
JAMES WILD (police-constable R 141). I was on duty about eleven o'clock - I saw the prisoner and another following the prosecutor - I saw the prisoner take this handkerchief from his pocket, and put it into his own trousers pocket - I took him into custody, and took it from him.
Prisoner's Defence. I was walking from Bishopsgate Church, where I had been to seek for a place. I saw a lad attempt several gentlemen's pockets, and at last he took this handkerchief and threw it on the ground; the gentleman took hold of him first, and then came and took hold of me; I was full twenty yards from him; I took up the handkerchief to give to the gentleman.
JAMES WILD. I saw the prisoner pick the pocket - the other was with him.
GUILTY . Aged 16. - Confined One Year .
MR. DOANE conducted the Prosecution.
THOMAS BAKER. I am in the service of Mr. Samuel Jones , who lives in the parish of St. Clement Danes . On the 17th of January, 1833, the prisoner, who was his errand-boy , was sent out with several articles by Henry Bryant - he did not return - he was not seen again till April last.
HENRY BRYANT . I am in the employ of Mr. Jones. On the 17th of January, 1833, I gave the parcels to the prisoner to take out - one was for Mr. Ward, Russell-street, Covent-garden, where he was to receive 4s.; another for Messrs. Fisher and Wagstaff, in Bond-street, which came to about 12s.; and one for Mr. Smith, of the Hay-market, which was to be 4s. - he did not return - I saw him about fifteen months afterwards, in the street, and gave him into custody.
JOHN HENRY WAGSTAFF . I am a partner with Mr. Fisher, of Bond-street. The prisoner came to our shop, on the 18th of January, 1833, I think, but the invoice is dated the 17th - he brought some Prometheans, and I paid him 12s. - he gave me this receipt.
Prisoner's Defence. I got into company with two young men, and they took me to the play. When we came out, I got intoxicated - they took me to a lodging, over the water, and robbed me of all the money but half a crown. I was so frightened that I made up my mind to go to Liverpool, where I got into a comfortable place. I then came to town, and got a place at Mrs. Logan's.
MRS. LOGAN. I live on Tower-hill - the prisoner lived with me, and was a very honest boy - I would take him again.
GUILTY. Aged 18. - Recommended to mercy by the Prosecutor and Jury . - Confined for Two Months .
2nd COUNT. Not stating it to be a fixture.
PHILLIS FINCH . I live at No. 46, Hart-street, Covent-garden . I keep Mr. Davis's house. On the 20th of April, the prisoner came to know if Emily Harris, who lodged in the house, would go to a masquerade - I called Emily Harris , and left the prisoner and her in the parlour, where the looking-glass was hanging, fixed to the wall by two screws, and tied with a line - it is Mr. Joseph Davis's, and is worth
Prisoner. Q. Did you see me when I first came in? A. Yes, certainly - I do not recollect any body coming in but my son and daughter - I sent my son to get something to drink - we had a quartern of rum - my son's brother-in-law was there.
COURT. Q. Was your son there? A. Yes; the prisoner came about three o'clock, and the other came in a few minutes afterwards - they were going for a walk - my son goes by the name of Finch - he is my adopted son - his brother-in-law's name is Goodhall - when I called Emily Harris down to the prisoner, the other left the room and went into my kitchen - I went out for a knife and fork - I did not go for the spirits.
Prisoner. Q. When you came back, did you miss me? A. The door was open - I did not see you take the glass; but no one but you was there.
COURT. Q. What is Mr. Davis? A. He is a fruiterer in the market - the house is a lodging-house - persons pay money to come there.
EMILY HARRIS. I was at the house - on the 20th of April, the prisoner came there - I was called - he asked me whether I was going to the masquerade, and gave me a ticket to go - I had seen him twice before - I breakfasted with a lady in Compton-street, and he came in - the prisoner was in the room where the glass was for a quarter of an hour - I was then called to my dinner, and left him in the room - the glass was then safe - I did not miss it till the landlady of the house told me of it - it was then gone.
Prisoner. When I brought you the ticket, I gave you my name and address, and the public-house I used, that if I did not come to my appointment, you might find me. Witness. Yes, he said his name was Nelson; but if I inquired for him at the masquerade, I was to inquire for the name of Headington - he did not say where he lodged - the landlady of the public-house told the officer.
ELIZABETH HENSHAW . I keep the Perseverance public-house in William-street, Hampstead-road. I was in my parlour on the 20th of April, and saw the prisoner come in with this glass, which he placed down by a cupboard in the passage - he was very much in liquor, and insisted upon having some drink - I would not serve him - he became very turbulent, and I told the servant to put him out - he has been at our house occasionally - he lodged at a respectable house just by.
FREDERICK WILSON MILNE (police-serjeant L 63.) On the 20th of April I was on duty in St. Martin's-lane - I saw the prisoner in the act of getting into a cab; and this glass was handed to him in the cab by another person - it was then about half-past three o'clock - I ran and told the driver to go to Bow-street, as he was a reputed thief - the cabman made use of very abusive language, and said he would not - he whipped his horse and drove off - I ran and took the number of the cab, and reported the circumstance, and in half an hour I heard the glass had been stolen - I traced the prisoner to the Hampstead-road, and there found the glass - I went to his lodging and found him on a sofa - he made great resistance, and struck, and kicked, and bit us - it took four or five of us to take him - I found in his room this stock, two bits, a jemmy, some pick-lock keys, and a dark lanthorn on a new construction - I found a metal box soldered together - I opened it, and found in it this model of a key taken in soap - this glass was at the public-house; but this piece of the frame was at his room.
Prisoner. Q. How far were you from me when I called the cab? A. I did not see you till you were in the cab - I was about four hundred yards from you - I said to you,"Your name is Nelson: you are a brass-founder" - I followed the cab as far as Pall-mall.
Prisoner's Defence. I told the officer where I was going to take the glass.
- WICKINS (examined by the Prisoner.) I am a cab-driver. On the day you called my cab, and got in, another man gave you the glass - the policeman came and asked you if you were not a brass-founder - you told him you was - I do not know that you told him where you was going - the policeman said he knew you, and told me to drive to Bow-street - I said the gentleman had hired me to go to Somers-town, and you told me to go on - I touched the horse, and went on - there were several round the cab - you said to the man who gave you the glass,"You are satisfied?" - he said, "I am," and he went away.
JURY. Q. Was the prisoner intoxicated? A. He was a little in liquor - he told me to drive to Somers-town; but when we got to Camden-town, he said, "Draw up here" - he got out - a lady and gentleman came out on a balcony, and they said he would break the glass - I told him he had better leave it; but he said "No, it is my property; I will take it."
GUILTY . Aged 30. - Transported for Seven Years .
JOSEPH WILLIAM SNELL. I am a shoemaker , and live in Nassau-place, Commercial-road . On the 18th of April. I was sitting in the parlour behind my shop - I saw the prisoner walk in, stoop down, and take this pair of shoes out of a basket - he walked out of the shop - I followed him, and told him he had a pair of shoes which did not belong to him - he said, "I have, and here they are," and gave them to me - I brought him back, and gave him to the policeman.
GUILTY. Aged 32. - Judgment Respited .
George Gilbert .
GEORGE GILBERT. I am a tallow-chandler , and live in Old-street-road . On the 23rd of April, my landlord came to me with the prisoner, Reynolds, to repair the house - Reynolds is a plasterer , and Lavery assisted him, as a labourer - I missed a gold pin which had been in the top drawer in my bed-room - I went to the station-house and got an officer - Reynolds was taken, and this property was found - this pin and knife are mine - the other things are my daughter's, who is under my care.
GEORGE KEMP (police-constable N 82). I took Reynolds, and found these stockings on his legs - this gold pin, knife, and smelling bottle, were in his pocket - Lavery came in at the time, and this book and two smelling-bottles were taken from his coat pocket.
Lavery's Defence. In doing the house we found these things, and put them into our pockets.(Reynolds received a good character.)
LAVERY - GUILTY . Aged 20. - Confined One Year .
REYNOLDS - GUILTY . Aged 19.
Confined Three Months .
JOHN WILLIAMS. I live at Crayford. On Saturday night, the 19th of April, I was in London - I did not see the prisoner till the officer came to me with this handkerchief, which is mine - I had had it safe a few minutes before.
GEORGE KEMP (police-constable N 82.) I was on duty in Old-street-road - I saw the prisoner with another - I followed them about forty yards, and saw the prisoner take this handkerchief from the prosecutor, and thrust it into his pocket - I took him, and he threw it down.
GUILTY . Aged 19. - Transported for Seven Years .
THOMAS DENHAM. I live at No. 189, Regent-street . On the 12th of April I went to my cash-drawer and took out two £5 notes and four sovereigns to pay my bookbinder - I left fifteen sovereigns in my drawer - I came into the parlour with the two £5 notes, and four sovereigns in my hand, and placed them on the table - I observed the prisoner in the shop - the parlour door was partly open - he saw me, and said, "Oh, Mr. Denham" - he then came into the parlour, and said, "I beg pardon, but have you a sovereign of this coinage, as we have a fellow who is passing gilt sixpences for half-sovereigns, and we suspect he is passing gilt shillings for sovereigns" - I said, "There are four sovereigns on the table, are any of them the coinage you want?" - he turned them over, and said, "No, there is not one, will you look in your cash-box?" - I said, "There is none is the cash-box, but there are some in my drawer" - I then opened the drawer - he clapped his finger down on the money, and said, "Here is one," and went out - I pursued and overtook him, and brought him back - I gave him in charge of the policeman, who took him into the parlour to search him - I went to my drawer to see how many sovereigns I had lost, and I found but twelve - I am certain there had been fifteen before - I then returned to the parlour, and the officer had got his coat and waistcoat off - the prisoner said, "Do you mean to say I have robbed you?" I said, "Most unquestionably you have, and well you know it" - he then said, "I am a lost man," and taking up a pair of scissors he made an incision in his neck - he said, "I forgive you," and down he fell - he was taken to the office, and he then said, "I have robbed many a man in my time, but I did not rob Mr. Denham."
Prisoner. Q. You came after me about one hundred yards? A. You were two hundred yards from the door when I took you - I said in the first instance, that you had robbed me of seven sovereigns, as I thought you had taken the four from the table - I did not say you had taken two - you did not give me a sovereign for what you took from the drawer.
COURT. Q. Are you certain you left fifteen sovereigns in the drawer? A. Yes; I am confident I did - I had not seen the prisoner before, but he addressed me as if he had known me for years.
ANN DENHAM . I am the prosecutor's daughter. I remember the prisoner coming in and asking for a sovereign of that coinage - my father showed him the four on the table - he turned them over and said, there was not one of the kind he wanted - he then asked my father to look into his drawer, and he followed him into the room - he then came out again, went to the table and said, "Here is one" - he took up a sovereign and threw down another, and went out - I thought the one he threw down was bad, but it was not.
JOHN DEAN (police-constable C 14.) I was on duty that evening in Regent-street - the prisoner was given into my charge at Mr. Denham's house - I found three sovereigns in one of his waistcoat pockets, and three sovereigns and a half and some silver in his other pockets - these are the three sovereigns.
Prisoner. This policeman would come and sit between me and my solicitor, because he wanted to make up a tale, and when he took me he said he would tear my trousers off my back. Witness. It was by the magistrate's order that I went and sat by him, because he would not give his name - when I took him he resisted very much, and he took up this pair of scissors and made an incision in his neck.
GUILTY . Aged 25. - Transported for Seven Years .
PRISCILLA FARDELL. I am a widow - I live in Charles-street, Stepney - I have known the prisoner about nine months - on the 11th of April she came to me as a charwoman - I had a merino dress there - I missed it next day - the prisoner came again on the Monday - I asked her about it, she said it was up stairs - I told her to get it, and
WILLIAM HUMPHRYS . I am a pawnbroker. I produce a bed-gown and handkerchief pawned by the prisoner for 1s. 6d. each, in the name of Ann Williams , on the 10th and 11th of April.(Property produced and sworn to.)
GUILTY . Aged 56. - Confined Eighteen Months .
JAMES ROBINS . On the 7th of April I was in Seabright-street - I saw the prisoner and another girl and a boy - I saw the prisoner take the necklace off the child's neck - I told the child's sister of it.
PHOEBE DEAR . I am eight years old - I was in Seabright-street with my little sister, who is three years old - she had the necklace on her neck - I left her for a little while, and when I returned the necklace was gone.
GUILTY . Aged 17. - Confined One Day .
THOMAS WILLIAM BLUET . I am journeyman to a pawnbroker, and live in St. Pancras. On the 24th April, I was in Old-street - I saw the two prisoners and two others under a shop window - I watched them, and saw Bird take a pair of boots from a line in the prosecutor's shop, and hand them to Reeve, and he ran off with them - I pursued Reeve and caught him - the other prisoner then ran up - Reeve said, "I did not take them."
JOSEPH GREGORY (police-constable G 186.) I took the prisoners.
BIRD - GUILTY . Aged 14.
Confined Six Months and twice whipped .
REEVE - GUILTY . Aged 14.
Confined One Month and once whipped .
WILLIAM DAY (police-constable N 262.) I was on duty near Paradise-bridge , on the 9th of May - I saw the prosecutor there angling - I saw the prisoner there - I saw Brown feel his pockets, and then take his handkerchief out and hand it to Walker, who went off with it - I went and took them.
JAMES FREDERICK GREAVES . On the 9th of May I was fishing - about a dozen boy s came up and asked me some questions - some of them then walked off, and the officer came and asked me if I had lost my handkerchief - I then missed it - the officer had it in his hand.
Brown's Defence. I did not take it.
BROWN - GUILTY . Aged 19. - Confined Six Months .
WALKER - GUILTY . Aged 15.
Confined One Month , and whipped .
ROBERT STEVENS . I am coachman to Mr. Richard Tattersall , of Grosvenor-place. I was waiting with his carriage in James-street, Covent-garden on the 10th of May - I had my box coat, and my master's great coat on the box - I had occasion to get off the box for about five minutes - I then missed the great coat.
EDWARD GONOND (police-constable F 157.) I was on duty about eleven o'clock that night - I heard an alarm, and saw the prisoner going away with this coat under his arm - I followed him walking very fast - I took him with it.(Property produced and sworn to.)
Prisoner. I was going by, and saw the coat at the horses' feet - I took it up, and asked a hackney coachman whose it was? - he said, he did not know.
GUILTY . Aged 21. - Transported Seven Years .
SAMUEL HAYDON . I live in White Lion-street, Nortonfalgate - I was in Church-street, Spitalfields , on the 20th of April, about half-past nine o'clock - I felt my coat moved - I felt, and missed my handkerchief - I looked round and saw the prisoner putting it into his breast-pocket - I challenged him with having it, and a gentleman collared him - he first denied it, but very quickly took it from his pocket - I took him to the station-house - I had felt my handkerchief safe about two minutes before.
Cross-examined by MR. DOANE. Q. Had you taken it out about two minutes before? A. Yes - I will not swear I put it safely in my pocket again - the prisoner said he had picked it up - I have found that he is a respectable lad.
GUILTY. Aged 18. - Recommended to mercy .
Confined One Day .
St. Luke's . The three prisoners came to my shop on the 8th of April - Mason asked for a pair of boots that would fit her; and while I was getting a pair from one window, Holder reached a pair from the other window, and gave them to Davis, who put them under her apron - Mason then said the boots I showed her were not large enough - I said I had no larger, and they were about to leave the shop - I said they should not leave till I saw what Davis had - she said she had nothing; but I found these boots on her - I left her in charge while I went after the other two - I took them, and gave them all in charge.
ISAAC OFFWOOD. I reside with my brother. While my brother was showing the boots to Mason, I saw Holder pull the curtain aside, take the boots, and give them to Davis - they were then going out, but my brother stopped Davis, and found the boots on her - he then went and brought the other two back.
Davis. Lawson gave me the shoes in my lap - I did not know but they were bought.
JOHN OFFWOOD. She said she had no boots on her - there were only ten pence found on them.
Mason. I went to ask him if he would take money on the shoes - he said yes - he had not a pair that were large enough for me - I came out, and he came and took me.
Holder. I was not in the shop - Lawson took the shoes.
MASON - GUILTY . Aged 15.
DAVIS - GUILTY . Aged 16.
HOLDER - GUILTY . Aged 15.
Confined for Three Months .
774. JOHN HUTCHINS and DAVID SAWYER were indicted for stealing, on the 7th of April , 11 window sashes, value 15l. the goods of Matthias Wilks , they being fixed to a building , against the Statute, &c.
MR. ADOLPHUS conducted the Prosecution.
JOHN BODDINGTON (police constable N 154.) On the 11th of April, I went to a cottage in plain clothes to watch Mr. Wilks' house, and about eight o'clock in the evening I saw Hutchins and two others - two of them crossed over into the field, but Sawyer remained by the pales - I then removed to another place - Sawyer then whistled three times - I then saw the other two persons who had been with Sawyer come by, but I could not see whether they had any thing - I went into the field, and saw nine sashes on the grass, which had not been there at seven o'clock - I was returning, and met the two prisoners and another person going past - I believe they did not see me - I remained at the corner, and in about ten minutes one person came into the field, and took some of the sashes on his back - I went to meet him, but he turned to a shed in the field - I then saw Hutchins coming from the shed - I went to him, and said he was the man I wanted - he said, "Very well, I am willing to go" - when we got over the gate he said, he supposed I took him for trespassing on the field - I said, "No, you know very well what it is for" - he then refused to go any further - I told him it was for stealing those sashes in the field - I went to the shed and found eleven sashes, which have been fitted to the openings in Mr. Wilks' house, and they correspond exactly - I apprehended Sawyer at his lodgings, in a court in Hoxton, the next morning, at half-past six o'clock - he was in bed, and covered himself with the clothes that I should not see him, but I saw his jacket which he has worn for eleven months - I told him I wanted him; and he said it would be a good thing for him if he was to be transported.
Cross-examined by MR. STAMMERS. Q. You saw Hutchins coming away from the shed, but you had not seen him go there? A. I saw one man go there, but cannot say who it was - he said he had been to his mother at Ball's-pond.
WILLIAM CRESWELL . I went with Sawyer and King to the river Lee - we hired a boat, and were out that day from eleven o'clock till two - we then went to a public-house, and stayed till half-past seven o'clock - we then went home to bed - he slept with me.
NOT GUILTY .
Fifth Middlesex Jury, before Mr. Sergeant Arabin.
MR. CLARKSON conducted the Prosecution.
ROBERT JOHN KEEN . I am an optician , and live in Postern-row, Tower-hill . On the 7th of April, about noon, the prisoner called at my shop with a person named Williams - he asked for a sextant, but he was in a great hurry to look at it, as he said he was going to the Duchess of Athol, and said he would call in the afternoon - he said he was a nautical man - he called again about three o'clock - he was shown a sextant and a telescope - he then asked to see some eye glasses, and some gold folded spectacles - he said the spectacles were too expensive, as he only wanted them for show - he chose an eye glass, and that, and the sextant, and telescope to be sent to No. 10, Mount-street, Mile-end, and to be sent soon, as he wanted to go to the Jerusalem coffee-house - my sister was in the parlour - when the prisoner was gone my sister spoke to me, and then went out - I afterwards went with the articles to No. 10, Mount-street, and on my road I saw my sister - I went to the house - I saw the prisoner and Williams there drinking wine, they asked me to partake of it, which I declined - I put down my instruments, and the prisoner asked if I had brought the drawing instruments - he had mentioned some drawing instruments when he had looked at the other articles at my shop, but he said he had laid out as much money as he could well afford, and that was the reason I did not take the drawing instruments to his house; and I told him I had not brought them, as they were not ordered - he then asked me to go back for them, but he said, "Stop, perhaps I had better pay you" - I said "Yes; you and I are strangers, and I should not like to leave the articles without being paid" - he then said to Williams, "Ring the
Cross-examined by MR. PHILLIPS. Q. I believe there was some difficulty about your giving up this bill? A. No, not the least - I gave this bill to the prisoner after I delivered the goods - it is 15l. 15s. - my shop is about two miles from Mount-street - I went there in a cab as fast as I could, and came back, but found him in custody at the station-house when I saw him again - I was absent twenty minutes, or half an hour, when I went for the drawing instruments - three quarters of an hour had not elapsed.
COURT. Q. When the change was gone for you considered the goods were sold? A. Yes.
MR. PHILLIPS. Q. And, I believe, you told Mr. Broughton so? A. I believe I did, and I believe he said,"Then it is a debt, and I can take no cognizance of it" - after the prisoner was discharged at Worship-street, I had him taken again about the 20th, and he was taken to Lambeth-street, when the bill was found by the Grand Jury - he did not tell Williams the name of the person he was to go to, nor did Williams mention any name when he came back - I did not ask to see the note.
MR. CLARKSON. Q. Did the prisoner ever restore you your goods between the 7th and the 20th of April? A. No- when I parted with my goods, delivering this bill of parcels, I did not deliver them on credit - I certainly expected to be paid for them before I left the place - when I sell goods for cash, it is my custom to give bills of parcels, as well as when they are sold on credit.
ELIZABETH MARY GRAY . I am the wife of John Gray . I am the prosecutor's sister - I was in his back room on the 7th of April - I heard what passed, and after the prisoner had left, I made a suggestion in point of prudence to my brother - I then went to No. 10, Mount-street - I saw the landlady, and as I was going home I met my brother with the goods - I saw him go into the house, and I remained outside at the top of the street - my brother came out, and I had some conversation with him - he then went towards home - I remained at the top of the street to watch the house, and in about ten minutes I saw Williams and the prisoner come out of the house - the prisoner had the sextant under his arm, and Williams had the telescope - I followed them - I cannot tell how far, but it appeared to me to be a great distance - I then gave the prisoner into custody - I think I had previously asked the prisoner for the goods, and he said, "I shall not give them to you, they do not belong to you" - I said, "They do - you have not paid for them, and you are going to take them away" - I do not think he made any answer to that - he and Williams were taken before the magistrate and discharged.
Cross-examined. Q. Was it the same evening that they were discharged? A. Yes - any body might see these goods under their arms - it was about ten minutes after my brother left that the prisoner came out of the house - I think I followed them for three quarters of an hour - I did not ask the prisoner where he was going - he was not going in the direction of the Jerusalem Coffee-house - I did not see my brother deliver this bill.
MR. PHILLIPS to ROBERT JOHN KEEN . Q. Do you allow discount in your business? A. No - I told the prisoner 15l. was the price of the instruments, but the bill is 15l. 15s. - I cannot tell why I made the bill for 15l. 15s.
MR. CLARKSON. Q. Had you told him in the shop that the goods were to be 15l.? A. No; I told him the sextant would be 12l. - the telescope 2l. 10s., and the eye-glass 1l. 5s. - he said, "Put them down at the lowest price" - which I did, but when I got to the house I said I would take 15l. for them.
COURT. Q. Had you made out the bill before or after you told him the price? A. After I told him the price, but I afterwards told him 15l. - 5 per cent. is the discount for ready money.
Cross-examined. Q. If that were the case, why did you make the bill out for 15l. 15s.? A. Because in leaving the shop he told me to put them down as low as I could, and when I got to the house I said 15l.
COURT. Q. When you went to the second magistrate, did you tell him the case had been heard by another? A. He was aware of it - I will not swear that I told him.
- RUSSELL (police-constable H 54). I was called upon by this lady to take the prisoner and Williams into custody, on the 7th of April, in Church-street, Bethnalgreen, which is about one hundred rods from Mount-street- my brother officer searched the prisoner in my presence - there was no £50 note found on him, "but 8s. in silver - I asked him to give up the property - he said, "I shall not give them up;" but when we were in the station-house we persuaded him to put them down - he did not ask my permission to go to any house to get money.
Cross-examined. Q. Were there any papers found on him? A. Yes; and they were given up to him by the direction of Mr. Broughton, who advised me to give the goods to him - I asked the prisoner in the street to give up the property, as I understood by this lady that he had taken the property out of the shop - she asked him to give the property back, but he refused, saying he had bought them - I did not go to Mount-street - a rod is six feet, and it was about one hundred rods from Mount-street to the place where I took the prisoner.Stevens , of Chelsea" - I said that was too far to go; he must give me one nearer - he then said, when his friend came he would give me a reference - the prisoner came in an hour or two afterwards - I remember the prosecutor coming to the house, and when he was gone, the prisoner sent for me, and said did I know what these instruments were - I said unfortunately I did - he said he wanted them for a friend - he then asked if my servant was trustworthy - I told him she was - he said he had a 50l. note; could she get it changed - I said, "Oh dear no"- he then asked if I could get it changed - I said I could not; it was too late - he then said he should be compelled to go to the docks early in the morning, and if I would take the note to the bankers' and get it changed, he should be much obliged to me - he then gave me this letter, with a cheque, as he said, enclosed in it - it is directed to Sir Claude Scott and Co. - I then went down stairs, and he rang for the servant to take him a light to seal a letter - he then wished to see me, and it was to tell me to give this letter to a porter, or any one I could get, to get his luggage from Batts' Hotel, in Dover-street - as I was leaving the room, he asked me to lend him two sovereigns or thirty shillings - I told him it was impossible - I then left the room - I did not go to the bankers'.
"No. 10, Mount-street, 7th April."
"Gentlemen, - I beg to refer Mrs. Goldsworthy to you, as to my respectability, and request you will have the goodness to send me 50l.
"I have the honour to remain"Your most obedient servant, J. E. RICHARDSON."
"To Sir Claude Scott and Co."
"Sir, - Have the goodness to send per bearer the whole of my luggage, with the exception of the chest marked'J.E.R.' in a diamond, which you will be pleased to keep until further directed.
" J. E. RICHARDSON."
"To Batts' Hotel, Dover-street."
GUILTY . Aged 20. - Transported for Seven Years .
BENJAMIN FRANKLYN . I live in Tottenham-road . On the 19th of April, about eight o'clock in the evening, the prisoner came to me by Kingsland turnpike - she said to me, "Little boy, I want to speak to you: will you go on an errand for me? and I will give you a penny" - I said "Yes" - she was quite a stranger to me - she took me to the end of Rook-place, and sent me to Mr. Hitch's, at No.3, to ask for a cloak for Mrs. Gardner - I went and saw Mrs. Hitch- I got the cloak from her, and gave it to the prisoner - she told me to wait, and she would give me the penny; but she did not come back - she was taken about nine o'clock - I am sure she is the person.
Cross-examined by MR. PHILLIPS. Q. Had you seen her before? A. No - it was not quite dark - the lamps were lighted - I know she is the person by her curls, her bonnet, and shawl - I said at the police-office I knew her by her curls - I did not mention her bonnet and shawl.
Q. Did not the magistrate ask you how you knew the woman? A. Yes; and I said I knew her by her curls, bonnet and shawl - I am thirteen years old - the prisoner went to the corner of Rook-place with me - I then gave her the cloak, and went on my mother's errand - I waited about ten minutes to get my penny.
MARY FRANCES HITCH . I am the wife of Richard Hitch - Franklyn is a neighbour's boy of mine - he came for the cloak, and I gave it him for Mrs. Gardner - the prisoner was taken in consequence of what the boy said - I knew the prisoner - she had been in my house - my nurse recommended her to me as a respectable young woman, who wanted a situation.
SARAH TATOO. I know the prisoner - I had seen her in a pawnbroker's shop once. On Saturday evening three weeks I was coming out of Mr. Underwood's shop, and she asked me to go in and pawn this cloak, and she would give me a half-penny, which I did - she told me to put it in in the name of Sarah Downes - I asked 5s. for it, but they would only lend me 3s. - she gave me the half-penny.
GUILTY. Aged 20. - Recommended to mercy . - Confined One Month .
MR. CLARKSON conducted the Prosecution.
HENRY JOHN LIAS . I am in partnership with my father and brother - we are silversmith s, and live in Finsbury - the prisoner had been our apprentice, and then worked as our journeyman - on the 25th of April I received information, and on the 28th I gave him 58 ounces and 15 dwts. of silver filings and scrapings, to be melted - he brought them back in less than an hour, and I weighed them - they weighed about 51 ounces - the loss in melting would have been about 2 ounces - I procured an officer, and when the prisoner went out he was stopped, and brought into the counting-house - I desired the officer to search him immediately; and the prisoner then said, "I acknowledge to taking the piece to-day" - he then put his hand into his pocket, and took from his left hand breeches pocket a piece of silver, which was quite warm - this is it.
Cross-examined by MR. PHILLIPS. Q. Had he melted
FRANCIS BROWN (police-serjeant G 10). I was placed outside the premises, and when the prisoner came out I stopped him, and took him into the counting-house - the prisoner produced this piece of silver, which was hot - here is five ounces and a quarter of it - he said, "I acknowledge taking this to-day."
Prisoner. I am quite innocent of it - the prosecutor swears false to say I acknowledged taking it.
Francis Story , a cabinet-maker; Benjamin Story ; Francis Grant , a brush-maker, of St. Luke's; Thomas Symonds , a silk-manufacturer; and Rowland Rider , a shoe-maker, gave the prisoner a good character.
GUILTY . Aged 23. - Transported for Seven Years .
FANNY THOMAS . I live in Shadwell - Margaret Mobley is a milk-woman , and lives in Ratcliffe-highway - on the 23d of March I was fetched to her house - I went there again in the evening - I then saw the prisoner there - I saw a basket of linen on the top of the bed, in Mobley's room- I saw the prisoner take something out of the basket, and put it under her shawl - I do not know what it was - I told Mobley of it the next morning, when the shifts were missed.
MARGARET MOBLEY . I had two shifts in the basket - one of them is quite lost - this is the other - the prisoner lived with me at that time, to carry out milk - I am a widow - I never allowed her to pawn any thing of mine.
Prisoner. Q. You gave me liberty to take the two shifts? A. No; I did not know you had them till the next morning - I did not tell you to pawn them.
GUILTY . Aged 28. - Confined One Month .
JOHN STOLL. I belong to the East India Company. The prisoner is a rope-maker , and lives in Bird-cagewalk - on the 4th of May, between three and four o'clock, I saw him get up a ladder to the door in front of the workshop - he unlocked the door and went in, and stayed about five minutes - the door was partly open, and the bundle was thrown out by some one, but I cannot tell who - I then saw the prisoner come out again - he locked the door, and put the key into his pocket - he took up the bundle - I went up to him - he threw the bundle down - I took him, and the bundle - it contained twelve skeins of twine, belonging to the prosecutor.
ROBERT ELAM. I am the owner of this place. The prisoner had been in my employ, but had left me about eight weeks - this key will open my place - the key of the door had been concealed under the joists by one of my men - this is my twine.( John Powell , a weaver, and Sarah Fowler , gave the prisoner a good character.)
GUILTY. Aged 10. - Recommended to mercy - Whipped and discharged.
DANIEL FENN . I am a labourer , and lodged on the 28th of April in Crown-court, Liquorpond-street . The prisoner lodged three nights in the same room - I had not known him before - I went to bed, on the night in question, at half-past seven - I had two half-crowns and a sixpence in my breeches pocket - I had a handkerchief in my pocket, and one in my hat - I put my clothes on the box, by the side of the bed - the prisoner was getting up at ten minutes past five the next morning, when I awoke - I fell asleep again while he was dressing; and when I awoke again, he was gone, and I missed my property - my handkerchiefs have been found - the money I could not swear to.
JOHN CLUDGEY (police-serjeant A 88). I took the prisoner at Charing-cross - I found this handkerchief round his neck, and this duplicate of the other handkerchief in his pocket - I told him what I took him for - he said he was not the man - he knew nothing about it.
Prisoner's Defence. I went to lodge there on the Sunday night - the prosecutor was not there when I went in - another young man slept in a bed by the side of me - he came in about one o'clock - I then awoke and heard a person walk across the room - I awoke about half-past five o'clock, and went out, but I did not take any property - one of these handkerchiefs I had had two years, and the other I bought of a friend.(Property produced and sworn to.)
GUILTY .* Aged 22. - Transported for Seven Years .
ANN HIGHAM . I am daughter of James Higham . My mother keeps a haberdasher's shop - the two prisoners came there on the 21st of April - they asked to look at some green satin ribbon - I showed them some in a box - they said that would not do - I then showed them some more - they said that would not do, but Beaton said as they had given me so much trouble Cain might as well have some of the narrow ribbon, as it would do to tie caps with - I then missed a piece of ribbon, and told them they had taken it - Beaton said she was sure she had not, and she ran out of the shop - Cain then said, "I am sure she would not rob you," and then she ran out - I ran after them up Singleton-street, and gave them into custody - this green ribbon was found in the street, and this pink and black were thrown into a grocer's shop.
JOSEPH FERNE (police-constable N 244). I saw the two prisoners running towards me in Singleton-street - they threw something down - these are the ribbons - this green one was found in the street, and this pink one and black one were found in a grocer's shop.
Cain's Defence. She had not what I wanted. I said I was sorry I had given her so much trouble. I came out; she then pursued, and called, "Stop thief."
BEATON - GUILTY . Aged 14.
CAIN - GUILTY . Aged 16.
Confined for Six Weeks .
PARNELL BURTON . I am in the employ of Mr. Graham, of High Holborn , he deals in carpets . On the 23rd of April, between eight and nine o'clock in the evening, I was opposite his shop - I saw the prisoner take this carpet away, assisted by another person - they went to the shop together, but I am not able to say which touched the carpet first - the prisoner had it on his shoulder - it had been at the entrance of the door - he carried it twenty or thirty yards to the corner of Brownlow-street - the other man went away as soon as he had assisted the prisoner with the carpet on his back - I stopped the prisoner, and asked what he was going to do with the carpet - he said, a gentleman was going to give him a shilling to take it to Red Lion-street - I said he had stolen it, and took him back with the carpet on his back.
Cross-examined by MR. CLARKSON. Q. Did you hear the other man ask the prisoner to carry it for him? A. No; I was not near enough to hear that - I believe Mr. Graham has no partner - I never saw any - I am a salesman- I have been a fortnight in his employ, but at the time I was out of a situation, I had written to Mr. Graham for one, and was then going to his clerk to know at what time he would be disengaged.
WILLIAM OSBORN (police-constable E 38). I was opposite Mr. Graham's, and saw the prisoner and another in company with him pass the door two or three times - I did not see the prisoner take the carpet, as there were three omnibuses going by, but I saw it carried just round the door - the other man ran off, and I pursued, but lost sight of him - I then returned to the shop, and saw the prisoner- I am sure he was one who was at the door.
JOSEPH HEALEY . I am in the employ of Mr. John Graham - he has no partner - I had been at the door about five minutes previous to the carpet being taken - it was then safe - I left to speak to a customer at the end of the shop, and the carpet was taken - it is my master's.
Prisoner's Defence. I was employed by the other person to take it to Red Lion-street.
GUILTY . Aged 21. - Transported for Seven Years .
783. CHARLES BEAUMONT and ELIZA, his Wife , were indicted for stealing, on the 23rd of April , 1 counterpane, value 8s.; 2 blankets, value 10s.; 2 sheets, value 5s.; 1 pillow, value 4s.; 1 bolster, value 6s.; 1 candlestick, value 4s.; 1 pair of snuffers and tray, value 2s.; 2 pictures, value 1l.; 1 looking-glass, value 2s.; and 1 hearth-rug, value 5s. ; the goods of Henry Bennett .
SUSANNAH BENNETT . I am wife of Henry Bennett - he lives in Little Bury-street, Euston-square . Eliza Beaumont came and hired my first floor, and was there a fortnight before her husband came - she first hired the parlour, but when she said her husband was coming, she took the first-floor room at 8s. a week - they lodged there nearly three months - I believe he is a watchmaker - I received only 30s. rent - I did not miss my property till about an hour before the prisoners were taken - I had asked them for rent to pay my taxes, and I told them, at last, I must have my room, and what was in the room I must have to make money of - they had left the room - I went in, and missed this property.
ROBERT BUGDEN (police-constable S 28). On the 23rd of April, the prosecutrix told me she had lost this property, and wished to have the prisoners taken, but they were not there then - the male prisoner came there that evening, and I took him in the room - I told him it was for robbing his furnished lodgings - I found these duplicates in the table drawer - as I was taking him to the station-house he ran away.
Cross-examined by MR. PHILLIPS. Q. I believe you found some duplicates on him? A. Yes - but not relating to this property.
Charles Beaumont's Defence. What was done by my wife was done at my request, so that I conceive she is innocent - with respect to myself, I was in difficulties, and was obliged to make use of the furniture to meet existing emergencies, not for a moment having an idea of robbing her - had she given me but one hour, I would have got money, redeemed the articles, and paid her great part of her rent - I went out that evening with a few shillings to get tools, and when I got home at half-past nine o'clock, she had missed the property, and gave me in charge - in going along I ran away to go to my wife, who was then on a visit.
CHARLES BEAUMONT - GUILTY . Aged 25.
Transported for Seven Years .
OLD COURT. - Friday, May 16th.
Second Middlesex Jury, before Mr. Common Sergeant.
784. THOMAS WEDDERS was indicted for feloniously breaking and entering the dwelling-house of George Lewis , on the 11th of April , at St. Marylebone, and stealing therein 1 timepiece, value 30s., his property .Little Chesterfield-street , St. Marylebone; he is a sweep. I missed a timepiece, about half-past six or a quarter before seven o'clock, on Friday morning, the 11th of April, from the mantel-piece in the front parlour - I had seen it on Thursday night, at half-past eight or nine o'clock - my father's housekeeper and three lodgers were in the house at the time - one of the lodgers had shut the house up that night, and she let her fellow-lodger in, at half-past eleven o'clock - she is not here - we could see the marks on the wall which they had climbed over, and on the dust hole - the yard door did not appear to have been broken open - they might have got in at the back parlour window, and that would lead to where the clock was.
THOMAS ADLINGTON (police-constable D 69). On the morning of the 11th of April, I was on duty, in Charles-street, Manchester-square, and saw the prisoner and another man coming in at the bottom of Charles-street, about half-past one o'clock - it is about a quarter of a mile from Little Chesterfield-street - I went over to the prisoner, who crossed away from me - he had a cape on - I asked why he had put that on - whether he was afraid it would be wet - he said he was - I asked what he had got under it - he said nothing - I unbuttoned his jacket, put my hand in under the cape, and found the timepiece - I asked where he got it - he said he did not know - I asked where he was going to take it - he said, "Home;" and, on the way to the station-house, he slipped his arm out, and said, "How b - y you pinch my arm."
WILLIAM LEWIS re-examined. The window was not fastened - it was down in the usual way - this is my father's clock.
GUILTY of stealing only . Aged 19. - Transported for Seven Years .
Second London Jury, before Mr. Justice Littledale.
785. JOHN ARSCOTT was indicted for that he, on the 30th of January , at St. Marylebone , having in his custody and possession a certain order for payment of money, which is as follows: - "Bury, Jan. 27, 1834. Messrs. Gosling and Sharpe, - Pay to Mr. Aikman, tailor, Putney, or order, the sum of 184l. 9s., and place the same to my account. Bristol" - feloniously did forge on the back of the said order for payment of money, a certain endorsment in writing, which is as follows - "R. Aickman" - with intent to defraud Richard Gosling and others , against the Statute.
2nd COUNT, for feloniously uttering, disposing of, and putting off the said forged endorsement, with a like intent.
3rd and 4th COUNTS, the same, only calling the instrument a warrant for payment of money.
Eight other Counts like the first eight Counts, only omitting to set out the instrument.
17th and 18th COUNTS, for forging and uttering a receipt, and calling the instrument an order for payment of money, with intent to defraud Richard Gosling and others.
19th and 20th COUNTS, for forging and uttering a receipt, and calling the instrument a warrant for payment of money, with a like intent.
MESSRS. BODKIN and LEE conducted the Prosecution.
GEORGE STRANGE . I am cashier to Richard Gosling and Benjamin Sharpe , banker s, Fleet-street; there are four partners. In January last, the Marquis of Bristol kept a banking account at our house - I knew the prisoner prior to the 30th of January - he was in the habit of coming to our house sometimes - I recollect his coming on the 30th of January, in the morning, and presenting this note (looking at it) - it was endorsed as it is now when presented -"R. Aickman" was on it; and the endorsement not exactly corresponding with the payee's name, I had some conversation with the prisoner - he stated that it was quite right, that he received it for Mr. Aikman, and that we had orders to pay it, which was true - after that, he stated that some money had been paid to the porter a few days before, and stated the amount - that confirmed my confindence that all was correct - I handed the bill to him, and he wrote on it, "received for," over the endorsement, and "J. Arscott" under it - and, at his representation, I paid him 150l., in Bank notes, and the remaining 34l. 9s. in sovereigns, half-sovereigns, and silver - the Marquis of Bristol had an account at our house at that time.
Cross-examined by MR. ADOLPHUS. Q. Had you orders to pay that bill of exchange by advice from the Marquis? A. Yes; it was the Marquis's intention to have the money paid to Aikman; but the prisoner said he came from Aikman.
Q. You paid him no money till he gave you that paper with "received for Aickman," &c., on it? A. That was done first - that was a receipt for the money paid him - on the faith of that I paid him.
Q. Not as a Bill of Exchange on the endorsement, as then a man would have written "received" in his own name? A. Yes, that is a discharge for the money he received - the bill is a discharge for the money paid.
MR. BODKIN. Q. I think you said, when it was first tendered to you for payment, it had the endorsement of"R. Aickman" on it, and nothing else? A. Nothing else- Aikman is the name of the payee - I certainly should not have paid it unless it had his name on it - I paid the money on the faith of the endorsement of the payee.
COURT. Q. If the name of Aikman had not been on it, should you have paid it? A. Certainly not.
MR. BODKIN. Q. If Aikman had come himself, and his receipt had been on it, you would have paid it? A. Yes, but if it came from a person whom I did not understand came from him, I should not have paid it.
COURT. Q. If it had been brought to you with the writing on the back, exactly as it is now - if the prisoner had presented it to you with what is written on it now, should you have paid it then? A. Not to a stranger.
Q. As you knew the prisoner, if he had brought it to you already receipted, as it is now, should you have paid it? A. Knowing the prisoner, and having his name on it, probably I should - I should have asked him some questions on it.
MR. ADOLPHUS. Q. Being reminded by the prisoner that you had advice of it from Lord Bristol, should you have hesitated then? A. And knowing the prisoner, I considered I was quite safe.
COURT. Q. You would probably have paid the money, but should have asked him some questions? A. Knowing the prisoner, I should have had no hesitation - I had ad
Q. If it was presented to you in the form it was presented? A. That depends on whether the payee's name was correct.
Q. Well, but now it has not an endorsement, it says"received for"? A. That is the usual practice when a second party comes for money.
Q. If a stranger receives money on a bill, and brought it in that form, should you not require something more? A. If the payee's name is on the back, and a person receiving it for him - it is the every day practice - if he had received it for himself, he would write his name only - he would then be acting as a principal - the words "received for" were written after it was brought to me.
MR. BODKIN. Q. Was the bill in your possession, had you received it and taken it into possession from the prisoner when it had merely the name of "R. Aickman" on the back? A. Yes - he had parted with it, and I examined it with merely that name on it - it was at my desire that he wrote the rest afterwards - I gave it him for that purpose.
MR. ADOLPHUS. Q. This man you knew, and he came to the banking-house with the bill, with the name of "R. Aickman" on it? A. Nothing else - he showed it to me in that state - I took it in my hand, and looked at it - I had some difficulty about the " R. Aickman" on the back, not corresponding with the payee's name, and stated it to the prisoner.
Q. Upon that, did he take it from you and write the words constituting the receipt? A. He did - he said, "It is all right, I receive it for Aikman, and you have orders to pay it."
JURY. Q. Had the bill been presented by a stranger, would you have paid it? A. I most likely should have submitted it to the partners, in consequence of the variation in the endorser's name.
COURT. Q. You received and treated it as an endorsement? A. I did, as Aikman's endorsement.
ROBERT AIKMAN. I am a tailor , and live at Roehampton. I worked for the Marquis of Bristol last year - in January last, I had a demand on his lordship for 184l. 9s. - I had delivered my account to the prisoner - (looking at the draft) the endorsement on that order is not my handwriting - there is a "c" in the name Aickman - I do not spell my name so - I never authorized the prisoner nor any other person to endorse the order for me, nor to receive the amount of that draft - the prisoner told me on Saturday, the 1st of February, that the order for the payment of my bill would be up the beginning of next week with the town bills - I called at his lordship's house at Roehampton that morning, 1st of February, and saw the prisoner there - I called on the prisoner on the 5th, as he said it would be up at the beginning of the week, and saw him - (I had not then communicated with Lord Bristol - I did that on the 6th, and was referred to Gosling's) - the prisoner was at first denied to me, but I saw him, and he told me to call next day at twelve o'clock, and I should have my money - I made a communication next day to his lordship at Roehampton - I did not see the prisoner after the 5th of February, till he was taken into custody - I have tried to find him in town, but could not - I went to his lordship's house at Roehampton to find him, three or four times, and called at his lordship's house in St. James's-square, but could get no intelligence of him.
Cross-examined. Q. Was he in the habit of paying you money on account of Lord Bristol before? A. He paid me the Christmas before - he paid me Lord Bristol's cheque then - he knew how I spelt my name - he had a £10 bill of my acceptance, it was due on the 6th of February - I had given it to the prisoner.
COURT. Q. On the 6th of February did he hold a bill of yours? A. He had drawn the bill himself, and I accepted it to accommodate him - I did not owe him the money.
THOMAS HARVEY . I am house-porter to the Marquis of Bristol. In February last, I recollect receiving a direction from the Marquis to see the prisoner at Roehampton - it was on the 8th - I went down to Roehampton in consesequence, but could not find him - I made inquiry also at his lordship's town residence - I was in a public-house that night (the 8th) - I went in, and had been there about five minutes, and the prisoner came in - the moment he saw my face he turned round and went out immediately - I tried to speak to him - I followed him, but could not overtake him - it was very foggy, and I lost sight of him.
Cross-examined. Q. Perhaps you went in the way he did not go? A. I could not see which way he went.
The Most Noble the MARQUIS of BRISTOL. The prisoner was in my employ last year - he ceased to be in my service about November last year; but still continued to live at my house at Roehampton, and was occasionally employed - in January last I was staying in Suffolk; and while there, I received from the prisoner a list of my annual bills in Roehampton and London - I believe this is it - the prisoner was a very short time in my service; but I believe this list to be his handwriting, and am certain I received a list from him (looking at the draft) - this draft is in my own handwriting - after receiving the list, I transmitted that draft to the prisoner with other drafts for different tradesmen - I afterwards received from the prisoner receipts from the different tradesmen to be paid - I was in the habit of sending him a draft for all the bills under £30 in one amount; but for bills above £30 I sent separate drafts for each tradesman to be paid to the parties themselves; and gave my bankers advice of those which were to be paid to the bearer, and of those which were to be paid to particular parties - I have a receipt for this particular amount, which I received from the prisoner - this is it.
MR. AIKMAN re-examined. This receipt is not my handwriting, nor have I any knowledge of it - it is spelt"Aickman" - the endorsement on the bill appears to resemble my handwriting a little - I think the "A" is in the way I generally sign - the prisoner has had an opportunity of seeing me write.
(The Court ruled that the indictment, could not be sustained.) NOT GUILTY .
The prisoner remains to be tried next Session on a fresh indictment.
786. WILLIAM CHILDS was indicted for that he, on the 26th of June , feloniously, wilfully, and maliciously did administer, to Mary Jane Wolfe , a large quantity of a certain drug, call savin, with intent thereby to cause and procure her miscarriage; she, at the time of administering and taking the said drug, being with child, but not quick with child .
2nd COUNT. Calling it a medicine to the Jurors unknown.
MESSRS. CURWOOD and BODKIN conducted the Prosecution.
MARY JANE WOLFE . I am seventeen years old. My father and mother keep the Chaise and Horses at Hammersmith - the prisoner was in their employ as ostler - I formed an intimacy with him in April, 1833 - I had connexion with him in a particular way in April last year, and continued to be intimate in that way until June - I had connexion with him after June - I had reason to suppose I was pregnant about the 26th of June - I mentioned my being so to him a day or two before that - I was about six weeks advanced in pregnancy then - between six weeks and two months - on the 26th of June, he told me I must take some medicine to cause miscarriage - I told him I would not take it- he persuaded me, and said I had better; for if my parents found it out, they would turn me out of house and home, and then I should have no place to go to - he gave me a powder, and desired me to mix it with water as I would salts - it was rather a dirty white colour - I took some of it, but finding it a bitter and disagreeable taste, I was afraid to take the whole - I took it in water, and it sunk in lumps to the bottom- I took about a third of it - I was afraid to take more, and threw the remainder away - it did not melt - it was in little lumps - I did not put all the contents of the paper into the water - I did not take all that I put in the glass, only a part - it stuck round the sides of the glass - I saw the prisoner again in about an hour - he asked me if I had taken the powder - I told him I had - he asked me if I had taken the whole - I told him I had, fearing he would make me take a second dose if I told him the truth - he asked me if I felt ill in consequence of taking it - I told him I did not, but in the course of a short time afterwards I was taken very ill, and was obliged to go to bed - I took the powder about eleven o'clock in the day, and was obliged to go to bed at two, and keep my bed until the Sunday - this was on Wednesday - it made me ill in every way - it made me sick- I vomited - it gave me a very great pain in my stomach and bowels, and every where - I had not taken any thing else that day which would be likely to cause these effects - I was very ill for fourteen days.
Q. It had not the effect of causing you to miscarry, I think? A. Yes; I am certain I did, though I did not think so at the time; but having since been delivered of a child, I am sure I did miscarry - consequences happened to me similar to when I was afterwards delivered - it brought on a discharge more than usual - I was very bad indeed.
Cross-examined by MR. CLARKSON. Q. Do not answer without recollecting yourself - is it true, as you told my friend, that on the day in question you had taken nothing except what the prisoner gave you? A. No, except my breakfast - I had not taken any pills, or any thing of the kind - I recollect this was on the 26th of June, because it was two days after quarter-day - I know it was so - I took particular notice what day it was - it made me so very ill, I could not help taking particular notice of it - that is the reason - the gentleman who sits there is not my mother's attorney.
Q. Has he been acting as attorney for you in the course of this inquiry - for you and your parents? has he not attended before the magistrate, and examined you and your witnesses on half-a-dozen different charges, first at Great Bookham and Hanworth? A. No, not at Bookham- he was at Hanworth - I believe his name is Thomas Alley Jones - he came and represented himself as the nephew of Mr. Counsellor Alley - he was not always at my mother's public-house - he was there sometimes - he has been lodging there - I am not particularly intimate with him - I do not understand you.
COURT. Q. You were asked about your intimacy with the prisoner - you are asked have you had any intimacy of this sort with that attorney? A. Never in my life with no one but the prisoner - never in my life.
MR. CLARKSON. Q. Consider - do not answer rashly - do you mean to swear deliberately the prisoner is the only person with whom you have had any sexual intimacy? A. Yes - I have seen a person named Rawlins - I know him by seeing him with Childs - the prisoner told me I was pregnant before I thought I was - I was not aware that I was with child till he told me.
Q. Did you not swear at another place that you had no notion there was any thing the matter with you till the prisoner told you you were with child? A. I was not sure I was until he told me.
COURT. Q. Have you not sworn you had no suspicion of being with child before he told you you were; that you knew nothing about it? A. I was not sure that I was - I thought I was.
MR. CLARKSON. Q. Do you know Thomas Jackson ? A. I never heard the name before - I do not know any body of the name of George Mackerel - I do not know them - I remember a person named Mackerel, I think, attending with Jones before the magistrate.
Q. Did your mother state in your presence, before you got before the magistrate, to Mr. Mackerel, that you had been intimate and had connexion with all the men and servants in your father's house? A. Never; I never heard of such a thing before - I am sure no one can say that - I cannot tell how many magistrates I have been before on the subject of different charges against the prisoner- the prisoner came to live at my father's as under ostler - I think the latter part of January, 1833 - our intimacy first occurred either the latter part of March or the beginning of April - my father's is a night house; it is open all day and all night - we let out beds, but never at 5s. a night - my mother sometimes sits up till six o'clock in the morning - it depends on whether they are busy or not.
Q. Do you take in travellers at two and three o'clock in the morning? A. We take in respectable people; but I am never up at that time, I always go to bed at ten o'clock- we never take women in unless it is a man and his wife sometimes - our beds are generally all full about ten o'clock - my father was proprietor of the house up to the last licensing day, and the name of "Wolfe" was over the
Q. Had you been in the course of sexual connexion with him from the time you took the stuff till he left? A. Yes- when I took the powder I thought I was still in the family way, but since I have been confined I am convinced I was not - I did not go to a doctor in October, to ascertain whether I was with child or not - that I swear - I did not ask any body to go with me in October - after we had met by agreement, I went with William Childs to Mitcham- that was on the 8th of September - I thought I was with child at that time - I did not think then that I had miscarried.
COURT. Q. When you went away with him on the 8th of September, could any body see that you were with child? A. I do not think they could have seen it - Childs told me he thought they could see it; but I thought not - he said he was afraid my father and mother would find it out, and I had better go with him, and live with him until I was confined - that he had taken a house, and after that I could get a place as bar-maid, and then write home to my parents and tell them I had been in place all the while.
MR. CLARKSON. Q. When you were before the magistrate at any time, on your solemn oath did you tell a word of that, or have you got it from Thomas Alley Jones? A. No; I have not got it from him - I believe I told the justice this - I believe I told them every thing - I swear I did to the best of my belief.
Q. Did you ever charge him before the magistrate with stealing your clothes? A. He told me to throw my clothes out of the window, which I did, and he caught them - I was at Leatherhead, but did not see any body there except the person who took charge of Childs.
Q. Did you on another occasion charge him with receiving your clothes, knowing them to be stolen, before the justice? A. He did receive my clothes - I did not go before a magistrate and charge him with committing a rape on me.
COURT. Q. Did you charge him with having connexion with you against your will? A. It was against my will - he took me by force, and threw me down.
MR. CLARKSON. Q. Did you, after you had been twice before the justice, go a third time, with your father, mother, and Jones, and on that occasion charge him with committing a rape on you? A. No, Sir, I did not - he was not charged with a rape.
Q. With having connexion with you against your will? A. Yes, he took me and threw me down, and by force effected his purpose - that was in April - the very first time - it was not twelve months after I was forced that I went before Mr. Scott, and charged the prisoner with having connexion with me against my will - it was after I had gone away to live with him - I was only at the Bell and Anchor twice - the grand jury threw out the bill for administering drugs the first time it was preferred, but that was through a witness we had.
Q. After you went away on the 8th of September, how long did you remain at Mitcham? A. I was there one night - I slept at a public-house - I wanted to return home- I did not mention to the publican that I wanted to return home - I could not get to speak to any body - he would not allow me to speak to any body to tell them I wanted to go home - I slept with him at the public-house - I was to sleep there that night, and next day I was to go to the house - when I left that public-house, I think the first place I went to was Merstham - I had a ring on my finger the day before I came home, but never before - I will swear I had not this ring on until the last day before I came home, and then I had it on for about an hour that day - that was the day before my father found me.
Q. As the prisoner confined you, and you could not speak to any body, did you go to the parish church at Merstham, and be married to him? A. He insisted on my having the banns put up - I told him I never would be married to him - he cursed and swore, and gave me a slap on the head, and said I should go - I went with his sister-in-law(I believe she was) - the banns were put up - I never did intend to be married to him - I intended to go to the clergyman, and claim his protection - I did not see the clergyman then - I went with the sister, and put up the banns, and another woman was there - we went to the clerk about the banns - this was in September - I remember going to buy the ring - I went with his sister the day I was to have gone to the church - I knew if I had not got the ring, I could not have got to the church to tell the clergyman - after I had got the ring, I went with the prisoner to be married - I never did intend to be married to him - I told him so, but never intended it - when we got to the church, the clergyman was going out, and refused to stay to marry us - I saw the clergyman on his horse - Childs called out to him - I could not get to speak to him - the marriage was postponed till the following Friday - I intended to have gone on the following Friday, but in the interim my father found me out - I lived with the prisoner after the 8th of September till, I believe, the 1st of October.
Q. Did you sleep with him under tents and hedges, and on the road and road-side, except when you slept in public-houses all that time? A. Yes - I believe he used to sleep at night, but I could not get away - he always went into some very dull place.
COURT. Q. Do you mean to swear you were living all this time with him against your will and consent? A. Yes- I wanted to get away but could not.
MR. CLARKSON. Q. You wanted to get away from him all this time and could not, and that is the reason you did not? A. Yes - my father came for me at last - I believe he took the prisoner and his brother into custody - the prisoner was let out of custody again next morning - he
Q. How soon after that did he come to the Chaise and Horses? A. He never came into my father's house afterwards - he wanted to come into the house one night, and mother pushed him out - she did not take him before the magistrate that night - she could not, for there was nobody there but herself - he was not living at Hammersmith after that - if so, it was unknown to us - I never saw him - I was not more acquainted with Alley Jones than other people.
Q. After that did Jones accompany you with your father and mother to a magistrate in Buckinghamshire? A. I was never there in my life - I do not know whether my father and mother went before Sir John Gibbon - I was never there - my mother does not tell me where she goes always - Alley Jones did not say he would settle the matter very soon - he never told me he thought about 55l. might be got for this job.
COURT. Q. When did you first mention to your father and mother about his giving you the drug to make you miscarry? A. A few days after I came home, in the beginning of October.
MR. CLARKSON. Q. Has any action been brought against your father for false imprisonment of this man? A. Yes - I have been attending the courts at Westminster as a witness in an action for seduction - I cannot say whether my father has brought an action for seduction against this man- I was nearly seventeen years of age when my connexion with the prisoner began - I was seventeen last August - I lived at home with my mother all the time before this - I did not go with Mr. Jones fifteen miles from Hammersmith to get a warrant against the prisoner - I do not know that my mother did - I never knew them go out together - I believe Rawlins has slept at our house before now with Wm. Childs - he has not slept there without him - I never in my life went to his beside when he was in bed - Jones never came to my bedside while I was in bed - that I solemnly swear - I was delivered of a child on the 20th of March - I have reason to know from the doctor who attended me, that it was prematurely born - I did not state any thing about my miscarriage till after I was confined, because I did not know the pains, nor any thing else till after I was confined; but I thought then I had miscarried, because the pains were so much like it - I learnt nothing about this from Alley Jones.
MR. BODKIN. Q. Are you the only child of your parents? A. Yes - I left school before I was fourteen years of age - when the prisoner came into my father's employ I was about sixteen - I had never left my father's house to be thrown on the world in any way before this - I was quite a stranger to the part of the country the prisoner took me to- it was in September when my father discovered where I was.
Q. Did you prefer any charge against the prisoner, or was what was done done by your father and friends? Q. It was my wish - I expressed that wish as soon as I came home.
COURT. Q. The charge of rape, and stealing the clothes, and receiving them, and seduction, was it your wish all these charges should be brought? A. I wished him to be punished for what he had done - I have heard the prisoner is twenty-five years old.
MR. CLARKSON. Q. Did you admit to Miller that Jones said, "We will charge him with rape, and if that won't do, charge him with giving savin, for the girl will swear any thing what I tell her to say?" A. It is false - I do know Richard Miller - Jones never said that in my presence.
Q. Did you never state to Richard Miller, on the 26th of November, after the bill was thrown out, that you should never be happy at home - that you should live a life like a dog at Clerkenwell - that you could not help it, and said,"Well, I did my best, I swore what they told me?" A. It is a falsity - I have seen that man (Miller) - I never told him that Jones told me they would charge the prisoner with a rape - if that would not do, they would charge him with giving savine to produce abortion? A. I never spoke to him.
Q. And that Miller asked Jones what proof he had, and Jones replied, "The girl will swear any thing I tell her, and her mother will do the same?" A. No; that is false - I was not with the prisoner when my father discovered him.
CHARITY WOLFE . I am the mother of the last witness. In June, last year, my husband kept the Chaise and Horses at Hammersmith - it is a day and night house, but a very respectable one - it is a house open day and night for market gardeners, wagoners, and people from all parts of the kingdom, who, we think, proper to take into the house, but no other persons - I am not ashamed of the house - I have from noblemen who keep their carriage down to persons who pay 4d. a night for their bed - I take them in if I like- the prisoner was in our service in June last - I remember on the 26th of June my daughter was taken very ill - I have a particular reason for recollecting the day - I believe on the 24th we say was six month's day (instead of quarter day), when I pay my rent - about twelve o'clock she was very poorly, and at one o'clock I wished her to have dinner- she said she could not eat any - she went to bed and laid there for three days - never got off her bed from Wednesday between one and two o'clock till the Sunday near four - she vomited - she was very sick and ill otherwise, she had a violent discharge - I took the basin in which she vomited, and rinced it, but by rincing it and rincing it again it did not come clean - there was something round the basin which stuck to the bottom of it - it appeared thick - something stuck to the bottom of the basin - it was like wet flour - she kept her bed till the Sunday about four o'clock- she left our house on the eighth of September, and on the Monday morning we took every step to find her, but could not - we heard of her at the latter end of September from a respectable gentleman who keeps a public-house at Leatherhead - she was brought back, and after her father had fetched her home she described that the prisoner had given her some medicine - not before; she told me the occasion of that illness.
Cross-examined. Q. You did not accompany your husband to Leatherhead? A. No; I have every reason to believe the publican's name is Wildey who gave us an account of my daughter - I knew him when I lived there, and was quite a girl, many years ago - he told me in the letter which I had, which I have burnt, that my daughter was at Leatherhead; and, as a friend, he wrote to me if I wished for my child, to fetch her - he had had an opportunity of seeing her there - it was overheard by what the prisoner had communicated to the man who kept the public-house, saying he had got the girl, he had deluded her from her
Q. Have you brought any body besides yourself and daughter? A. There is a gentleman here who took steps to trace her - that is Mr. Jones - I first became acquainted with him about twelve months ago, or more - he did not say he was Mr. Counsellor Alley's nephew - that was nothing to me - if a gentleman calls for a glass of grog or ale, or dinner, I consider it my business to make it for him - I do not recollect that Mr. Jones introduced himself to me as the nephew of Counsellor Alley - he had a little business at Hammersmith, and he has some cottages there, and those kind of things.
Q. Did he represent himself as the nephew of Counsellor Alley, and that he had come from Counsellor Alley's on this occasion? A. No; I will not swear that, one way or other - I was before the justice at Hammersmith - on my oath, I could not tell you whether he told the magistrate he came from the office of Counsellor Alley on that occasion.
Q. Did you ever hear that person represent himself as the nephew of Counsellor Alley, until I put the question to you to-day? A. We have heard it mentioned by different people; but I do not know it - I do not recollect that I ever heard it from his own lips - I do not recollect that he represented himself as coming from that gentleman for the purpose of prosecuting this case for me - I will not swear one way or the other, because I should not like to be wrong on oath - it is a serious thing - I was almost as much acquainted with Jones at first as I am now; just the same - he has lived in my house, on and off, at different times, for more than twelve months, when he has wanted a bed - he slept there last night - he has certainly slept there some time lately, because he pays me for his lodging - he sleeps there when business calls him down - he has slept there more than twelve months; for the first night I came to the house, if he had come there, I would let him have a bed, or you either - he pays me 8s. a week for his room now, whether he sleeps there or not - sometimes he is there one night in a week, sometimes two, and sometimes not for a whole week - I never took a journey with him in my life, or any gentleman but my husband - my husband (and I think Mr. Jones) went before Sir John Gibbons at Stanwell.
Q. Who is the attorney for this prosecution? A. I do not know whether it is Jones or Eden - it is one of them; either Eden of Buckingham-street, or Jones - I cannot see Eden here now - he is clerk to Mr. Withy - I know the gentleman, because I have lived with him - I should imagine Eden is the attorney - Mr. Jones went with me before the Grand Jury on the first occasion, and on the second - but then Mr. Withy was acquainting with the case- I never did any thing without acquainting him - the first bill was thrown out - I do not recollect saying that I would prefer another if it would cost 100l. - I think I can swear I did not - I do not think I did; but it is so long, I almost forget - I know a man named Rawlins - he has never slept at my house - when his parents turned him from home, being a friend of the prisoner's, I agreed to it more than once - he never slept there to my knowledge before the prisoner came there - he has not slept there before April twelve months that I recollect - I do not think that ever he did - I have fourteen beds in my house - it is a two-windowed house, two storey high; but one is a very large room, a club-room, and in that I can put twelve beds if I choose for poor people coming up the road, hay-makers and garden people, and working people - it is not now used as a club-room - there are seven beds in it for poor people - it is over the cellar in the back parlour - no women sleep there except men and their wives - I cannot answer that people do not sleep in my house, whose marriage I am not acquainted with - people might come from Bath and Bristol very respectable - I sit up, and let them sleep in the parlour - perhaps one or two sleep in the parlour - I will not swear there have not been fourteen or fifteen sleeping in the parlour when we have had soldiers billeted- I swear that I have not had twelve men and women sleeping in the parlour when soldiers have been billeted - I believe never more than four slept, and then they sit and sleep with their heads on the table, because there is no bedstead - Jones slept at the top of the house in a room by himself - there are two rooms on a floor - my father, and a little boy I have just taken as a nurse child, sleep in the other room - one room below I keep very nicely, to let to any body respectable - it is a single-bedded room - I have another bed-room over the bar which I let to people who I think genteel; but I am very particular who goes there - there is this large room that holds seven beds; but I can make up eight or nine occasionally - my husband and I never sleep together, it being a day and night house - we are in our business - when my husband does sleep, it is over the bar - he is never above three hours in bed - my daughter has often sat up all night with me - it is seldom she is in bed - if the house is full, and there is no room, she goes and sleeps with her grandfather - that is where she generally sleeps, with him and the little nurse child, if she goes to bed at all; but very often she does not go to bed till people get up and are gone off in the morning - she is not confined to one place - she never slept in the club-room - I was not before the magistrate last licensing day - my father Mr. Keel became the keeper of the house after licensing day - the magistrates did not refuse to grant my husband a license - what my husband asked was granted - the house is still in my care for me to conduct; but my husband has a very bad leg - he was before the Justices last licensing day - I have been in the house twelve months, and there is not one indictment against it - there was no complaint made against it - the license was not transferred in consequence of any complaint - I cannot say that I know Richard Miller - I might have seen Thomas Jackson - Mackerel is a solicitor.
Q. Did you state in the presence of Mackerel that your daughter was intimate with, and had had connexion with all the men-servants about the house? A. Never in my life - I never said a thing of the sort.
Q. Have you, since the indictment for administering drugs was thrown out, had any conversation with Jones, and Mackerel? A. Never - I believe Mackerel did
Q. Did you ever see that man (Mackerel) before? A. Yes, but he is a stranger - that is the man I employed to write for me - I don't know him more than that.
Q. Was he at your house before you went before the magistrate? A. He was down about Hammersmith a day or two before, I believe, but they are all strangers to me - he is one of the men who was writing at Clerkenwell - he was employed by me - he is what I call a petty lawyer - a poor fellow glad to get sixpence anywhere, I suppose - I know a person named Henman - he lived in my service at the time the prisoner did - I never told him it should be the worst day's work for him that ever happened if the bill was thrown out, and I would discharge him - he discharged himself, and so did the prisoner - I never told either of them that I would discharge them - the prisoner was charged before the magistrate with stealing my daughter's clothes.
Q. Do you know of his afterwards being charged with receiving them? A. He received them when he took them away - I cannot tell whether he was charged with receiving them - he was charged with committing a rape on my daughter - the charge was made at the Bell and Anchor - my husband has brought an action against him for seduction at Westminster - I do not say he stole the clothes, but he received them afterwards, and they were found in possession of his brother.
Q. Then there was a charge of stealing, receiving, rape, seduction, administering the savin, when the bill was thrown out, and this administering? A. Yes; it was all done by the direction of Mr. Withy, that part of it, or Mr. Eden, I should say - I have left it to Jones to do the business, and get who he liked, and I have paid him.
MR. CURWOOD. Q. Was your husband coachman to Mr. Withy before he kept this house? A. Yes; he had been coachman with the late Lord Ellenborough five years and a half, and with Withy three years and nine months - he took this house in October twelve months.
MR. CLARKSON. Q. Did you attend before the magistrate on the 18th of November? A. I did - I was born at Hammersmith, and that took me to the Chaise and Horses, which was once my father's property, and six or seven cottages there now are my property, and that is how I became acquainted with Miss Wolfe - Mrs. Wolfe asked me what she could do with the prisoner for taking away her daughter - she did not tell me about administering the poison - I said I did not know, but thought he might be punished for taking the things from the window, and her mother's gold ring - I attended before the magistrate.
Q. Did you attend as attorney? A. I attended there - my uncle being out of town, or he would have been engaged in it - he was aware of the case - I know Pound - he is Mr. Bigg's clerk.
Q. Did not you tell him that you were a nephew of Mr. Peter Alley's, and that you came from his chambers to prosecute this case? A. I swear before my Lord and all the gentlemen of the black robe - I never represented myself to Mr. Pound or the magistrate, as Mr. Peter Alley's nephew - the magistrate knew the difference - Mr. Scott knows me - I have not been turned out of the public office at Bow-street for representing myself as the nephew of Mr. Peter Alley - they sent to my uncle's chambers for him to go and prosecute a person for administering poison to a horse - Mr. Roe said, "I may be mistaken, I took you for the nephew of Mr. Peter Alley, instead of John Alley," and he said he did not know any Alley but Peter Alley - I was not told to leave the room - Mr. Roe said, "I cannot hear what you have to say," and I stayed in the room till the case was all over, and went out with Mr. Humphries - I was never paid one farthing by Mr. or Mrs. Wolfe for these proceedings - I received money from them to fee counsel.
Q. Was not Mr. Humphries, the solicitor, sent for to see if he could identify you, and did not he state, on oath, that you had represented yourself as Peter Alley's nephew, and was not you on that turned out of the office? A. No; Humphries was not put on his oath at all - he said something in consequence of what he heard from Mr. Roe - I know Richard Miller .
Q. Did you ever state to him, if you could get the prisoner sent out of the country, you would get 55l. by it? A. Never - I solemnly swear I never said any thing of the kind - I never stated that the prosecutrix's father had plenty of money, and would give it - I might have said Mr. Wolfe was a man of property - I never said I thought I could get up a case by giving him in charge for stealing the girl's clothes - I never said, "D-n him, we must give him some imprisonment" - Miller did not say he could not attend to it- I believe Miller is a character who frequents Sergeant's-inn coffee-house - I saw him several times.
Q. Did you state to him that they had taken up the prisoner, and you could not support the charge, and must get up something else against him? A. Never, I solemnly swear; he did not ask me what I could get up - I did not say I would charge him with a rape - the rape was named before the magistrate - he was not held to bail for the rape, that I know of - I know I attended before the magistrate, who asked me in what way he became acquainted with Miss Wolfe - I said I believed it was by force in the first instance - he was not held to bail for the rape, that I know of - I cannot say what mistake the magistrate might have made - I said, I understood he had become acquainted with her at
Q. Did you afterwards call on Miller, at the Castle, in Portugal-street? A. No; I went there, but not to see Miller - about twelve months ago, I had to go to the Insolvent Court for a man who took the benefit of the Insolvent Act - I went in no character at all, as any private gentleman might go - I knew the man - I often saw Miller at the Castle, in Portugal-street - I might have said, in his hearing, that I was going to prefer another indictment - I believe I did - I did not say it should be found in a different manner.
Q. Did Miller say, "You are an infamous villain; and ought to be transported?" A. I never heard him say any thing of the kind - he never said if the prisoner was put on his trial he would come forward and state my infamous conduct - instead of that, Miller, in company with a person named Childs and Mackerel, said they would come here - I believe Childs was the one who spoke, and said, whenever he was tried, he would go and swear that which would get him off, if I did not give him money - Miller was in company with him - I know a man who calls himself Mr. Jackson - I saw him twice at Mr. Mackerel's, who represented himself to be his attorney, and who obtained money from me - and even Miller obtained money from me, being an attorney - I am not an attorney - I am a gentleman - I live by my property, which was left by my father - it is in houses and land - I have not practised as an attorney - I am not an attorney's clerk - after my father's death I went to a man named Fisher - I was to be articled to him, but I was not, and did not stop long.
Q. When with Miller, did you ask the prosecutrix in his presence if she knew what she was to say? A. I never remember asking her any thing of the kind - to the best of my belief, I never did - I should not like to swear positively - I would almost swear positively I never did - I asked if she distinctly remembered the date the powder was given - I did not ask her if she knew on what day she was to state it was given - I said, "Do you know on what day it was the prisoner gave you the powder? because I dare say you will have to state it" - she did not say she did not; she always said she did know - no almanack was produced to assist her - an almanack was produced, because she said on what day it was, (the 26th of June,) and she got an almanack for the purpose of seeing on what day of the week it was - I cannot swear she got it - I did not - they went out of the room from me, and she brought the almanack in in her hand - there was no discussion as to fixing the day to correspond with her then pregnancy; nor any conversation about the colour of the powder - I believe Mrs. Wolfe was present - I cannot say that all this was in the presence of Jackson - I had Archbold's "Summary Proceedings" with me - I am in the habit of reading law books - it was not in my pocket; if it was any where, it was on the table - I have a book of that kind; but I do not know whether I had it that day - this was at the Chaise and Horses.
Q. On the discussion about the colour of the powder, did you produce the book, refer to it, and then state afterwards that the colour of the powder did not signify? A. No; I never did - I do not know that I had the book there at the time - I have had conversation on this subject with George Mackerel - Mrs. Wolfe was present - I saw Mackerell several times - I had to go twelve months ago to the Insolvent Court, and became acquainted with Horncastle, an attorney - I had to bring an action afterwards, and went to look for Horncastle - when I went to this public-house, I saw Miller, Childs, and others - I think Mackerel was with them - I asked at the Bar if Horncastle had been there to-day - they overheard me, and said, "What do you want him to do?" - if there is any thing in the law way, we can do it much cheaper than Horncastle can do it - I said I wanted to bring an action - Miller pointed to somebody, I think Childs, and said, "We can do it for you, but must have some money" - I gave them money, and they afterwards said something was wrong, they must have more money, and I gave them more, and afterwards these writs were never issued - I found them desperate people, and wished to break off the acquaintance - I gave Mackerel 5l., and he represented himself as an attorney, and gave a receipt for it - I wished to get rid of them, and that is why they are coming here.
Q. Did you not issue a writ against the prisoner for seduction? A. No; I believe it was issued by Mr. Curwood's advice.
Witnesses for the Defence.
CHARLES POUND . I am clerk to Mr. Biggs, of No. 35, Great James-street, Bedford-row. He is attorney for the prisoner. I was acting as clerk to Mr. Biggs, on the examination of the prisoner before the magistrate on a charge there, on the 18th of November - Thomas Alley Jones was there - I put some questions to him as to who he was - he said he came from Mr. Counsellor Alley - I asked, "What Alley?" and he said, "From Mr. Peter Alley;" and that he came from his chambers to conduct this case - a charge of rape had been preferred against the prisoner, on the previous Monday, which was immediately abandoned - I was not there - on the following Monday I was present, when the prisoner was held to bail for the rape - Mr. Alley Jones was present - it was in his presence and hearing.
MR. CURWOOD. Q. Do you mean to say that he said he was the nephew of Mr. Peter Alley? A. I do; I did not see Mr. Humphries there - I do not think he was present at the time - there were several policemen there - it was a petty sessions - I never had a charge of horse stealing made against me, nor any other offence - I was never in custody on any charge.
MR. CLARKSON. Q. How long have you been clerk to Mr. Biggs? A. Nearly four years; I keep a house, and reside myself in Great James's-street.
MR. BODKIN. Q. What are you by trade? A. An appraiser and accountant - I work for any body who employs me as an accountant - I worked for Mr. Marner, a solicitor, in Clifford's-inn within the last three months - I have acted as his clerk sometimes, as an attorney's clerk, in making up accounts for insolvents, their schedules to pass the Insolvent Court - I have been so about two years - I was in the police in 1831 - I was discharged through giving my evidence in the Insolvent Court, and going to the opposite attorney for my expenses - the commissioners discharged me for that reason, and that only - I have before been asked questions in a court of justice, as to my discharge from the police by the gentleman on your left hand - I never stated that the cause was drinking with another police-officer - I remember the gentleman put the same question to me - I gave him the same answer as I have given you to-day - I have never been charged with any offence myself - I know Mr. Cope, the governor of the gaol - I was never charged with an offence of any sort - I was confined, during that very circumstance for which I was discharged, for going to ask for my expenses - I was confined in the Compter - Mr. Abrahams, the solicitor, sent me to the Compter - I was there one night.
Q. Were you sent there criminally or civilly? A. Why, perhaps I might have assaulted Mr. Abrahams - I was not committed on a charge of an assault, but on a charge of drunkenness, as Mr. Abrahams stated - that was the cause of my discharge from the police - that was the charge against me - I said I was discharged for going to ask for my expenses.
Q. Were you discharged for going for your expenses or being drunk? A. For both; I told the commissioners of the Insolvent Court the right cause of my discharge from the police - I did not then state that one cause of my discharge was drunkenness - the charges were coupled together - although it was sworn I was drunk, I can swear I was as sober as I am now.
Q. Pray when did you first know any thing of Mr. Jones? A. Perhaps in June or July last; he found me in a public-house in the neighbourhood of the Insolvent Court - Mr. Mackerel was not there, nor Mr. Jackson - I cannot tell who was there, several were there - I am quite certain the two I have named were not there - Mr. Horncastle was there - I cannot say whether Mr. Jones asked for Horncastle at that time- he was talking to Horncastle at the time - I did not hear him ask for any body - neither I nor any of our party told him that we could do any thing in the law way cheaper than Horncastle, nor did any body in my hearing - the room was full when I told Jones he was a d - d villain, and ought to be transported - I think Mr. Ford, the landlord, was there - he can come forward to prove it - he is here - I believe Mr. Bruce, who is here, was by at the time - I believe Bruce gave Jones a rap in the mouth - this was before the second indictment was preferred - I think about December or January last - the observation Jones made to me about getting up the prosecution, made me believe he was the infamous villain and scoundrel I called him - those observations were addressed to me - he came to ask me to get up the fresh indictment - I assisted in copying the briefs in the former one at the time the first bill was thrown out - the charge was for administering savin.
Q. Perhaps it was the briefs we hold that you copied? A. I see some of my handwriting here - Mackerel also assisted in copying the briefs - he never told me whether he was paid by Jones for it - Mackerel was not to pay me my share - I never expected it - I told Jones what I had done in that thing I did not require him to pay me - I have not been paid by any body for it - I received no money from the beginning to the present moment for any thing in this affair - I know Mackerel's handwriting - I believe this to be his writing - four persons were concerned in writing the briefs - I was sent for specially - the four persons were Charles Truman , Harry Childs , (who is no relation to the prisoner that I know of,) and Mr. Mackerel.
MR. CLARKSON. Q. Who employed you to copy the briefs? A. Mr. Jones - I never saw Mr. Eden or Mr. Withy in this prosecution - nobody acted as attorney to get up the prosecution, except Jones, that I know of.
THOMAS JACKSON . I am an attorney, living in Rahere-street, King-square, Goswell-road. I was admitted in 1807 - I have not latterly taken out my certificate - I continued to practise till within the last five years - I gave up the profession, having no occasion for it at that period. On the 18th of November I was at the Chaise and Horses at Hammersmith - I there saw Thomas Alley Jones - I had never seen him before.
Q. How came you to go there? A. Early in that morning Mr. Mackerel called on me - I went there to assist him, at his earnest request - the prosecutrix and her family
Q. Did Jones appear angry that the girl was not perfect in her story? A. He certainly seemed displeased - he made use of some coarse expression - I think he called her a fool or something - I called the prosecutrix's mother aside from what I saw.
MR. CURWOOD. Q. You were present at the magistrate's, and heard what passed? A. Yes; to the best of my recollection his words were, "the nephew of Counsellor Alley" - I, only knowing Mr. Peter Alley, supposed it was him.
MR. CLARKSON. Q. Can you say whether he was asked what Alley, and replied Mr. Peter Alley? A. I cannot say one way or the other.
GEORGE MACKEREL . I am an attorney, and live in Kirby-street, Hatton-garden. I have not for the last two or three years taken out my certificate - I have had some conversations with Mr. Alley Jones, the prosecutrix, and her mother, on the subject of this prosecution, in November last and since.
Q. At any of those conversations, did Mrs. Wolfe ask the best means of getting rid of the prisoner? A. Not to my recollection - I ought to say that any conversation which took place between us, was in some measure confidential.
Q. Did Jones at any time, and the prosecutrix's mother, state, in your presence, that the prisoner should be transported some way or other? A. I certainly think I ought not to answer that question, being their attorney at the time.
GUILTY. Aged 23. - Judgment Respited .
First London Jury, before Mr. Recorder.
ROBERT BUGG . I live in Coppice-row, Clerkenwell - I know the prisoner - I was present when he was married to Mary Ann Slade , in February, 1833, at St. James, Clerkenwell - I understood they were married because she was pregnant by him - he was married by the name of James Williams - I knew him by that name for, I will say, six months previous - I had frequently seen him - he always used the name of Williams in that time - I heard them asked in church - they were married by banns - Mary Ann Slade is in court now.
Cross-examined by MR. CLARKSON. Q. You are beadle of that parish? A. I am - I believe this prosecution is instituted by the brother of the first wife - Slade was pregnant at the time of the marriage, and the parish authorities had found it out - she married on the 18th of February, and the child was born in about a week - the marriage was by the application of the man himself and his mother - he did not try to run away as he was going to church - he might have wanted to go back and change his clothes - he was not in my custody - nobody said he should not go back - he applied to me, and the parish gave them thirty shillings or 1l. - whatever he asked for he had - the woman was not living in our parish - I believe the parish officers gave them a room of furniture, and twenty or thirty shillings - the man said he did not like to live as he was then doing, and had not the means of marrying, and would I intercede with the overseers to get him the means of marrying her - he did not ask leave to go back and change his clothes - he met me in the church - I said, "If you do not like to marry the woman, I have my other business to attend to, and I must go" - I did not want to stop him - I did not contrive to get him to marry her - they wanted to get married - she was with child, and had had a child before by him - we had to keep that, and so we do now - he was in his working dress, and said he wanted his other things to put on, and I said,"I cannot stop" - Slade is not living in our parish - her child is chargeable on the parish - I cannot say whether she herself was - the parish does not prosecute this case.
JAMES SLADE. I live in Bath-street, City-road - I am the brother of Mary Ann Slade - I have known the prisoner about seven years, by the name of James Williams - I have known him by the name of Keen four or five months - I was not present at the marriage - I know they lived together as man and wife afterwards.
Cross-examined. Q. Did they live together before marriage? A. No - he had one child by her before marriage, and another coming - I understood she was brought to bed a fortnight after she was married, it might not be so much - the second wife has not employed me to get up the prosecution - most likely it is against her will - I apprehended the prisoner with the officer, and I took out the indictment - he requested to be married, and put up the banns himself - she did not run away after they were married, or I should have known it - he ill-used her, he kicked her, and locked her out of doors.
COURT. Q. Where did you apprehend the prisoner? A. At a chocolate manufactory in Queen-street, City.
MARY ANN HAYNE . I live in Long-lane, Smithfield - I know Martha Griffiths - I was present at St. John's, Hampstead , on Easter Sunday this year, when she was married to the prisoner - I knew her before - she always went by that name - I did not attend at church to hear the banns published - Griffiths is about twenty-four years of age- he was married by the name of James Keen - I knew him before as Williams, and was surprised to hear him called Keen - I made no remark on it - I knew him when he lived with Slade - I knew he had got a wife already.
MARTHA GRIFFITHS . I was married to the prisoner at St. John's, Hampstead, last Easter - I knew him for two years before he married Slade - before I married him, I knew that he had married Slade by the name of Williams, and that it was a parish marriage, with 30s. and furniture - I knew that his real name was Keen - I do not remember his wife living with him - I met him after his marriage, and had some conversation with him respecting myself - in consequence of which, I went to Mr. Rogers, who is called a wise man, in Pratt-street, and consulted him about marrying the prisoner - I stated to him all that I knew about the first marriage, and about his real name being Keen; and in consequence of what he told me, I married the prisoner, and did not know I was doing wrong - I have no complaint to make against him - he pays the parish for one child, and the other is dead.
COURT. Q. Did you consult Rogers whether you could legally marry the prisoner? A. Yes - my eldest sister went with me, but she is not able to come here - I knew he had had two children by Slade.
RACHAEL DREDGE . The prisoner is my illegitimate son- his father's name was Williams - my name was Keen - I afterwards married his father - I remember his being married to Slade - they lived at my house - the parish sent the furniture to my house - they came together on the 23rd of February, and lived together until May - they quarrelled, and she left the house, and came back in half an hour to clean herself - that was on Sunday - she went away again, and stopped away until Wednesday - she was away all night as well as day - she then brought some officers to take him up for relief - I said there was her room to go to if she liked to come home to her husband - she said she should not - she came home on the Friday afterwards, and stayed with him till the Saturday evening about ten o'clock, then she went away and stripped the room - she got a man to take all the furniture, bed and every thing away, except his clothes - she never returned to him - the prisoner has supported his child, except when he was out of employ - he paid his wife 4s. a-week as long as the child lived, and 2s. 6d. to the parish afterwards - she went away from him in May, 1833 - Griffiths was well aware of all these circumstances before she married him - she said she had been to the lawyer, and he said he could marry her with out injuring himself - he said, "Are you sure of that?"- they never lived together at all, as they had no home to go to - he was getting his things ready - it was agreed that they should not live together till she could procure furniture - they have never lived together - the marriage never was consummated.
GUILTY . Aged 25. - Confined Six Months .
WILLIAM HENRY BURGESS . On Saturday, the 26th of April, I was in Bishopsgate-street about half-past one o'clock in the day, and felt a jerk at my pocket - I turned round and saw my handkerchief half in the prisoner's pocket and half out - I seized him, and took it from him.(Property produced and sworn to.)
Prisoner's Defence. I was coming from work, and going on an errand - I saw a lad take the handkerchief out of the gentleman's pocket, and let it fall - I immediately took it and gave it to the gentleman.
MR. BURGESS re-examined. There was another boy with him when I first saw him - I passed them, then felt the jerk - I took the handkerchief from the prisoner's pocket.
GUILTY . Aged 16. - Transported for Seven Years .
788. WILLIAM RICHARDSON was indicted for feloniously breaking and entering the dwelling-house of Robert Williams , on the 7th of May , at St. Sepulchre, and stealing therein 2 watches, value 18l., and 1 watch-chain, value 6l., his goods .
ROBERT WILLIAMS. I am a working jeweller , and live at No. 24 , Newgate-street, City - the shop is part of the dwelling-house, and in the parish of St. Sepulchre's - on the morning of the 7th of May I was standing at my window, inside the shop, and heard a tremendous crash; it being plate glass, it made a great noise - I looked at the window, and either saw the prisoner's fist or elbow, inside the window where the glass was broken - he ran off, and I ran after him, crying "Stop thief!" up Giltspur-street, and Hosier-lane, and other persons followed him - I am certain it was his hand I saw in the window - I went out immediately, and he was pursued by others - there was nobody else near in regimentals, which he wore - I could not keep up close to him - I saw him in custody in two or three or five minutes - he was taken in the direction which I pursued, in West-street - one of my watches dropped at the window, after he had got it out, and the watch-chain was found on him - the watches were worth 9l. each - the glass was quite safe before I heard the noise.
Prisoner. Q. How can he swear I took two watches when he found one lying at the bottom of the window? Witness. At the time he took the watches one fell outside, and the other one he took away with him.
ROBERT WILLIAMS, Jun. I am the prosecutor's son. I saw the prisoner break the window - I am certain he is the man - I and my two brothers were at the door, just going to school, and I saw him knock his elbow or hand through the window, and take two gold watches and one gold chain - one watch dropped outside on the pavement, and that I
Prisoner. Q. Where were you when I put the watch into my right hand pocket? A. At the door - you were round the corner nearly - he put it in that direction - I did not swear at Guildhall that you took three watches.
CHARLES JOEL KENT (policeman 96). I heard a cry of"Stop him!" - the prisoner passed me in Giltspur-street - I pursued him into Smithfield, Hosier-lane, and in King-street, as he was gaining ground on me, I called Crawley, my brother policeman, to follow him - I still followed, and on Saffron-hill found him in custody - I searched him at the station-house, and he took a gold watch and chain himself from his right hand coat pocket, it seems, but I thought it was his right hand breeches pocket - the prosecutor claimed it - the prisoner, when he produced it, said, "I have just got what I wanted."
GEORGE CRAWLEY (City policeman 61). I followed the prisoner into the passage of a house on Saffron-hill, and took him to the station-house - he produced a gold watch from his pocket, and said he had got what he wanted, and put it on the table.
ROBERT WILLIAMS re-examined. I know these watches - I gave the officer the one found in the street - it was on the window-ledge - I am sure I gave him the same my son gave me - they both hung in my window - there was a gold watch beside, which fell inside the window - that was a third watch - three watches were disturbed.
GUILTY . Aged 24. - Transported for Life .
CHARLES WOOLLEY. I live at the Bull Inn, Aldgate. On the 24th of April I met the prisoner in the Minories - she spoke to me - I found her hand in my pocket - I caught hold of it in my pocket - she drew it out with the money in her hand - I said, "What do you do with my money? that is my money in your hand" - she turned it over into her other hand, and dropped it into her own pocket - she would not let go of it - I heard it fall in her pocket - I gave her in charge - I had one sovereign and some silver; how much I could not say; but there was a battered sixpence which I had for months in my pocket, and which I know - it was afterwards produced by the officer - I had one sixpence with it, which I produce.
Prisoner. He was in liquor - the woman who was with him, and was acquitted, put her hand into his pocket - a man who was with him gave the money into my hand - I was in liquor, and so was he. Witness. There was no man with me - I was not in liquor, nor was she.
JOHN FORESTER . I am an officer. The prisoner was given into my charge between two and three o'clock in the morning, by the prosecutor - she was brought to the watch-house by the patrol and searched - but before that I asked the prosecutor what he had lost - he said, a sovereign and some silver; and there was a particular sixpence that he could swear to - I said to her, "Now I am going to search you, if a sovereign is found on you, does it belong to you?"- she said, "No, all the money I claim is eighteen pence"- I searched her, and found a sovereign, a battered sixpence, and seven shillings besides - and he produced another sixpence like it, a twin - here is half-a-crown, four sixpences, a shilling, and a sovereign.
JOHN FORESTER. The prisoner was not what I call totally drunk, what I call spun - she had been drinking, and the prosecutor was fresh - the prisoner said some man had given her the money.
GUILTY . Aged 28. - Transported for Seven Years .
HUMPHREY GRIFFITH . I am a tailor - I live at No. 62, Theobald-road. On the 28th of April, at night, I was looking in at the window of a tobacconist's shop, at the corner of Westmoreland-buildings, Aldersgate-street , kept by Mr. Jones - I saw the prisoner, inside the shop, take a bundle of cigars out of the window - I went in, and accused him of it - he turned round, and dropped them - he had removed them about three quarters of a yard, and had them in his hand - I saw a lady in the shop, her back was towards him - she was reaching a jar down - I informed her - a watchman was sent for, and the prisoner taken in charge - the prisoner took the cigars up himself, and put them back into the window - he said, "Not me," when I charged him with it - he replaced them nearly in the spot he took them from - there was another lad in the shop, but his back was towards him.
ELIZABETH JONES . I am the wife of William Jones , who is a tobacconist in Aldersgate-street. On the 28th of April the prisoner came in, in company with another boy , who asked for a half-penny worth of shag tobacco - I said, I did not make a half-penny worth, I hardly know how to do it - he said, "Make a half-penny worth of returns" - I said, Yes, I would if I could - I turned round to reach the jar down, and in the mean time this happened - Griffith came in - I looked at the prisoner, and saw him drop the cigars immediately behind him - I heard them fall, and saw them on the ground - I do not think any body but him could have dropped them, as he was near the wall, and they fell behind him - he was nearest to the spot where they fell.
Prisoner. While the lad was gone for a watchman, Griffith asked us to give him 5s. apiece, and he would let us go.
H. GRIFFITH re-examined. I did not say so, nor anything like it - I told them they ought to be ashamed of themselves to come into a shop where there was a woman - 31/2d. was found on him.
WILLIAM JONES. I keep the shop. These cigars are my property, and have my handwriting on the band - I came in just after it happened - I went to the watch-house and found the prisoner there.
GUILTY . Aged 17. - Confined Three Months .
HANNAH ANDERSON. The prisoner had an unfurnished room in my house for nine months with her husband - I missed two candlesticks three weeks before the 10th of April, and saw them next at the station-house on the 10th of April - she had left about three weeks then.
JOHN SMITH (policeman N 154). I received information from the prosecutrix, and went to the prisoner's lodging in King's-arms-yard, Whitecross-street - I found her there - Mrs. Anderson's maid-servant was with me - I told the prisoner I had come to take her on suspicion of stealing things from Mrs. Anderson - I saw this candlestick on the mantel-shelf - I asked her if she knew any thing of it - she said she had bought an old box of Mrs. Anderson, and the candlestick was in it - I asked her if she had any other candlestick - she said, "No" - on searching her bed-room I found another on the table - they are odd ones - she then said that was in the box also - her husband was not present.
Cross-examined by MR. DOANE. Q. She was flurried, I suppose, when you came to take her? A. Yes.
COURT. Q. Might she have understood you to ask if she had the fellow one? A. No - I said, "Have you any other candlestick, or any other article of the prosecutrix's?" - she said, "No."
MRS. ANDERSON re-examined. I sold her a box the night she went away - it stood on my landing-place - her husband asked if I would part with it - I said I did not mind, and he had it - I did not examine it - it was taken away as it stood - I cannot say what was in it at the time - the prisoner was present when her husband bought it, I believe - I cannot say whether the candlesticks had been in the box or not.
NOT GUILTY .
NEW COURT, Friday, May 16, 1834.
Fifth Middlesex Jury, before Mr. Sergeant Arabin.
THOMAS TIPPER (police-constable F 152). On the 24th of April, I was at the corner of Russell-street , near Drury-lane Theatre, at eleven o'clock at night - the King and Queen went to the theatre that night - I saw the two prisoners - I watched them some time - I saw them sound the pockets of several gentlemen - I then saw Barrett draw a handkerchief out of a gentleman's pocket, and give it to Taylor, who put it in his coat pocket - I secured them on the spot, and gave one of them to an officer - I could not get to the gentleman, as the mob was so great.
Cross-examined by MR. CLARKSON. Q. Does the handkerchief bear any mark? A. No; I saw it taken from the gentleman's pocket - I had no other officer with me, but I called one who was a few yards from me - there were hundreds of people - if I had called to one of the standers by, I might have lost the prisoners - one of the prisoners might have said, "We have done nothing."
Prisoner. Q. Did you not say in answer to that, "I do not say you have done any thing, only I may find a fogle or two about you?" A. No; I might have used the word fogle - I said they had robbed a gentleman - I found four handkerchiefs on one of the prisoners, in his hat and pockets - I saw them sound a great many pockets - I did not take them at that time, as I might have been mistaken in their design.
WILLIAM TAYLOR - GUILTY . Aged 18.
Transported for Seven Years .
WILLIAM BIRD . I am shopman to Mr. John Burgess, a pawnbroker , in Old-street Road . On the 6th of May, I heard a snap at the shop door - I went round and saw the prisoner in company with another person - the prisoner was in the act of tucking this waistcoat (which had been hanging inside our door) into his apron or under it - I went out - he saw me and threw it from him - he ran off - I pursued and took him.
EDWARD RAWLINS . I was near the shop, and saw the prisoner with two other lads, between nine and ten o'clock- they walked backwards and forwards by the prosecutor's shop for twenty minutes - the prisoner went by himself two or three times, and touched the waistcoat, then returned to the other lads, and when he found an opportunity, he went to the waistcoat and snatched it down - he was going towards the others when Bird came out - I saw the prisoner throw down the waistcoat, and run off - he was then taken.
GUILTY . Aged 18. - Transported for Seven Years .
794. SAMUEL HUBBACK was indicted for stealing, on the 26th of April , 1 saw, value 4s.; the goods of Edmund Bailey ; 1 hammer, value 1s.; and 1 trowel, value 1s. 6d.; the goods of Robert Morris ; 1 trowel, value 1s. 6d.; the goods of James Harris ; and 1 trowel, value 1s. 6d.; the goods of George Martin .
GUILTY . Aged 19. - Transported for Seven Years .
JOHN DAVIS and JEMIMA DAVIS were indicted for stealing, on the 19th of April , 2 half-crowns, 3 shillings, and 1 sixpence, the monies of John Cook , from his person .
JOHN COOK . I am under-gardener to Mrs. Johnson. She lives near Bexley, in Kent - on the 18th of April, I came to town, to see my sister, at Mr. Coventry's, in Grosvenor-place - I had worked hard the day before I came away; and early in the morning of the 19th I was going home with my brother - we went into a public-house in Whitechapel-road, to take some refreshment - the female prisoner was in the house, and she asked me to give her some gin - I gave her a glass - my brother then told me to come out, which I did - I had not at that time seen the male prisoner - we went out to another public-house, and the female prisoner came in there after us - she must have followed us - I had a glass of gin in my hand when she came in - she asked me to treat her again - I gave her the glass out of my hand, and said I did not like liquor - my brother and I then came out, with a good many more - I lost my brother, and as I was proceeding on, the female prisoner overtook me - I went up the road with her towards my brother's lodging, where I was then going - I then told her I would go back to the public-house, and see if I could find my brother - I got back nearly to the house, when she came back after me, and said my brother was at the place where she came from, and he was looking for me - I went back with her, to go to my brother's lodgings, but before we got there, she unlocked the street door of a house, and asked me to go in and sit down - I went in and sat down in a chair, on the ground floor directly I got in - I had the two half-crowns, and three shillings and sixpence in my waistcoat pocket, and two shillings and sixpence in my right hand trowsers pocket - I had not seen the male prisoner at that time, to know him - when I sat down, I dosed off to sleep - there was a light on the table - I was afterwards awoke by the male prisoner, who asked me how I came into his house - I told him I was asked in by a female to sit down - he said it was impossible, for no one could get into the house but himself - he then showed me a key, which he had in his hand, and which had been in my pocket when I went into the house - he said it would undo his door - I told him if it would undo his door it was not my key, though it was in my possession; it was the key of my mistress's garden; I slept in the garden - I then felt for my money, as I knew the key had been in the same pocket with my money when I entered the house - my key and money were gone - he then ordered me to go out of his house - I told him I would not, as I had been robbed in the house - he said if I did not go he would knock my b - y brains out with the poker - I said I would not go out, let him do what he would, till I had had redress, as I had been robbed in the house - he then called the policeman in to give me in charge, and the policeman took him, as I said I had been robbed - the officer asked me if I could recognise the female who had opened the door - I said I could, and we went up stairs, where I saw her in bed, undressed - I am sure she is the person - I swear positively to her.
Cross-examined by MR. STAMMERS. Q. The male prisoner called the policeman? A. Yes, and he took both the prisoners, and said I had better go to the station-house and settle it - I went there willingly - the man made great resistance in the house - my brother lives in Plough-court, and this happened in Hope-street, Montague-street - I had one glass of gin in the first public-house, but none in the second - I gave it to the female prisoner - I had had one glass of gin before I went to either of the public-houses - I was a little fresh but quite sober, and knew what I was about perfectly well - there were a great many different persons in the first public-house - I went to the bar - my money was in my trousers and my waistcoat pockets - my coat was unbuttoned - there were a great many people in the second public-house, and a great many were coming out when I did - I heard my brother say, one of the men was Shrimpey - my brother has been in town two or three years - I cannot say whether he knew Shrimpey well, but he pointed him out to me, and said, "There is a man of the name of Shrimpey" - I did not know any one in the house - I felt my money safe just as I was at the prisoner's door - I took that precaution, as I had seen in the newspapers many curious accounts of countrymen being taken in - I took my money out to count it while the female prisoner was striking a light - I do not know that she saw it - she was about two yards from me - I had a sovereign when I came to town, and when I got back to the last public-house I had a half-sovereign and two sixpences - I changed the half-sovereign then, and received two half-crowns and 5s. - I had the two sixpences before - I put two half-crowns and 3s. 6d. in my waistcoat pocket, and 2s. 6d. in my trousers pocket - I did not lose the 2s. 6d. - I was not five minutes in the prisoner's house before I went to sleep - the key that I had did open the prisoner's door - this is the key, it opens the hot-house, the green-house, and the garden doors.
THOMAS COOK . I live at No. 10, Plough-court. I was with my brother - I went with him into the first public-house - I saw the female prisoner there - I knew her before, and am sure of her person - after treating her with a glass of gin there, we went to another public-house - she followed us, and asked my brother to treat her again - he gave her the glass of gin out of his own hand - I then took my brother up the road, as I wanted to get him away from her, but she followed and got him away from me.
Cross-examined. Q. How long have you been in London? A. Nearly three years - I think the first public-house we went into was Broadbelt's - I dare say I had been there twenty times - I cannot say what kind of people were round me - it was at the second public-house down by the Pavilion that I saw Shrimpey - I do not know the name of the public-house - I had been there two or three times - there was a large party there - I knew Shrimpey and the female prisoner and one or two other females - I did not see my brother after we got out.
JOHN HASCROFT (police-serjeant H 75). I was called into the house by the male prisoner - he said, "There is a man come into my house, I do not know for what purpose, but he has got a key that opens my door" - I took this key and tried it, it did open it, but the lock has no wards, and almost any key will open it - I opened it with six different keys - the male prisoner then wished me to turn the prosecutor out, but he said he would not go, as he had been robbed - I asked him how he came there with this key - he said, it was the key of his mistress's garden - he then told me about the female,
WILLIAM HERITAGE . I am assistant clerk at Worship-street. The prisoners were brought there, and confined in separate cells - I heard the male prisoner say, "Jemima" - as I knew the female prisoner's name was Jemima, I listened, and heard the man say, "Can you keep a secret?" - she said, "Yes" - he then said, "There is half-a-crown under the table cover in the kitchen - I want it to be brought here"- she said, "How are we to get it?" - he said, "Get your mother to come in, and I will give her the key" - the jailor then came down - the male prisoner gave the key out to him, and said, "Give this key to my mother" - the gaoler said, "I cannot" - he then said, "Throw it over to her;" but as I knew there was some of the money missing, I told the gaoler not to do it.
John Davis's Defence. When I first saw the prosecutor, I asked him by what means he came in - he said he had been robbed by a female with a green shawl - I said there was no such female there - I then asked if he was tipsy - he said he had been, but the loss of his money had made him sober - he was rattling some silver in his pocket then- I had my key in my hand, and I compared them together.
Transported for Fourteen Years .
HARRIET GROOM . I am the wife of William Groom : we keep the Sun public-house, Slater-street, Bethnal-green . On the 27th of April, about half-past five or a quarter before six o'clock in the morning, my husband was in the tap-room, lighting the fire - there were a great many men went into the tap-room - one of them came out, and asked me for a shovel of coals - I went to get them, and as I was rising up I saw a man behind me - I screamed out, and he took hold of my arms, and held me down - I looked up, and saw another man taking money out of the till - I screamed out, and said, "There is a man robbing the till" - I pushed the man away who had hold of me, and ran to the street, when I saw a man running down the street, and I think it was the same man who had been robbing the till in the bar - he was a short man - there had been about 1l. worth of silver in the till, and I lost a knife which had been on a shelf just going in at the parlour door - the policeman brought back the prisoner - I could not say whether he is the man who was at the till.
CHARLES SULLIVAN (police-constable H 116). I heard the landlady call, "Stop thief" - I saw the prisoner run from the door - I pursued and overtook him - I found on him 18s. 11d., and my brother officer found a knife on him- when I was going to search him, he said he had but 3s. - the landlady identified him.
Cross-examined by MR. STAMMERS. Q. Where did you first see the prisoner? A. I saw him run from the door - I did not see him come out of the house - he was running, but not very fast - when I found the money, he did not say any thing; but at the station-house, he said it was his own.
GEORGE SEAMAN (police-constable H 150). I was opposite the public-house, and saw the prisoner run from the door - no other person ran till Mrs. Groom came out and pointed to the prisoner - my brother officer brought him back, and went into the house, and saw there eighteen or twenty reputed thieves - the prisoner was fumbling about his pocket, and my brother officer took out 18s. 11d. - the prisoner said, 3s. of it was his own - while my brother officer was counting the money, the prisoner put his hand to his coat pocket - I said, "Leave your pocket alone, or I will break your arm" - I put my hand into his pocket and found this knife.
MRS. GROOM. This is our knife I believe - here is another brought from our house.
Cross-examined. Q. Which is the one which was found on the prisoner? A. I do not know; but I believe they are both ours - there is no mark on them - I cannot say what description of money was in the till - there might be 1l. of silver and copper.
COURT. Q. What are you? A. A weaver - the prisoner is a journeyman weaver - he sold me some battens and a stove - I went to the magistrate, but they would not let me in - I paid him 19s., and it was then his own money.( Benjamin Weedon ; John Allen, of John-street, Bethnal-green; James Edney; Isaac Gladman, and Thomas Reeves , gave the prisoner a good character.)
GUILTY . Aged 39. - Transported for Seven Years .
WILLIAM MILLWARD. I have been in the East India Company's service for thirty-nine years. On the 22nd of April, I was in the Black Horse, Well-street , about half-past three o'clock - I saw the prisoner there - I had six half-crowns in my purse - I took it out to pay for what I had, and left the purse on the table - the prisoner drew it off into her apron.
THOMAS HARRINGTON . I lived at the Black Horse. I was in the tap, and saw the prosecutor take a glass of gin at the bar - he then went into the tap-room to have a pint of ale - he gave me a shilling, and I brought him 9d. - he put his purse down to take the change, and the prisoner put her arm over the purse, and took it into her apron - I
Prisoner. Q. Why did not you take the purse from me? A. I was afraid.
WILLIAM MILLARD (police-constable U 46). I was called to take the prisoner - I found on her four half-crowns; two in her mouth, and two in her pocket - the purse was in the prosecutor's basket - he was tipsy.
Prisoner. As he was taking me to the station-house, he said, "Go back and get something the man can swear to, or else you will be done - the money will not do."
EDWARD HARRINGTON . I was sitting in the tap-room - I saw the prosecutor take his purse out, and take a shilling to pay for the ale - I saw the prisoner put something into her mouth, but I could not see what it was - it almost choked her - it seemed to be silver.
GUILTY* of stealing, but not from the person . - Aged 49.
Transported for Seven Years .
WILLIAM SMITH . On the 10th of April I was at the corner of Bedford-street , near the prosecutor's shop - I saw the prisoner there - he passed the shop door, put in his hand, and pulled out a piece of print - I called "Stop thief" - he ran up the street, and threw the print on a baker's neck - the baker said, "I do not want it" - I then called, "Stop thief - stop him, Mr. Godfrey;" which he did.
Prisoner. Q. Did not you see the baker and another at the door? A. No.
Prisoner's Defence. I was returning from my uncle's - I saw the baker and another young man pulling this print round the corner - I ran after them, but they ran away and the officer took me.
GUILTY . Aged 18. - Transported for Seven Years .
799. GEORGE ROBINSON was indicted for stealing, on the 2d of April , an order for the payment of 10l., the property of Granville George Waldegrave , Lord Radstock, his master , against the Statute, &c.
MR. ADOLPHUS conducted the Prosecution.
LADY RADSTOCK. I received an order for the payment of 10l. from my mother on the 15th of March - I put it in my bag in a little purse - I did not make any use of it - I missed it on the 2d of April, and then mentioned it to his Lordship.
Cross-examined by MR. PHILLIPS. Q. I believe the prisoner was discharged on the 22d of March, and you did not miss this till the 2d of April? A. Yes.
LORD RADSTOCK . Having received information of the loss of this cheque, I went the next day to Puget and Bainbridge, where it was payable, to stop the payment of it - they told me it had been paid on the 29th of March; and Mr. Minshull described the person who received it so accurately in person, dress, and voice, that I had no doubt it was the prisoner, and I took measures to have him apprehended.
Cross-examined. Q. Had he been any length of time in your service? A. He came to me in the name of Charles Robinson , on the 9th of September - I believe he had been in Lord Londonderry's service - I have a person named Hindmarsh in my service as housekeeper - I did not send any message to the prisoner by her, nor to any one else - I never heard of it - the prisoner stayed a fortnight in my family after his warning had expired, as I was disappointed in having a person I expected - I heard of his coming to my house after he was discharged, but I do not know it myself - he was my upper-footman and butler.
Cross-examined. Q. Had you known him before? A. I never saw him to my knowledge - he did not say where he came from.
Cross-examined. Q. Did he not explain that by saying he meant the name of another man who was going in was Grant? A. No.(The prisoner put in a written Defence, stating that he had received the cheque from a person to get it changed - that he had left his lordship's service on the 22nd of March, and the cheque was not missed till the 2nd of April - as such he could not have stolen it - and that he had formerly restored a valuable diamond brooch which he had found.)
LADY RADSTOCK. He did find a brooch, but it was not a diamond brooch.
GUILTY of stealing only . - Aged 29.
Transported for Seven Years .
THOMAS SAUNDBY . The prisoner was my errand-boy . On the 21st of April, about half-past nine o'clock in the evening, I received information, and looked into his box - I found two pair of women's boots in it - I got an officer, and gave him into custody - my mother is in partnership with me.
MR. SAUNDBY. I have been as liberal to him as if he were a child of my own - I never made him pay for any thing - I have threatened him for his carelessness - two odd shoes were found at his mother's lodging.
GUILTY . Aged 17. - Confined Three Months .
MR. CLARIDGE. I have seen Bryan at my house.
NOT GUILTY .
802. THOMAS WILLIAMS and JOHN FINELETTER were indicted for stealing, on the 1st of May , 1 surgical instrument-case, value 2s.; 1 pair of forceps, value 7s.; 1 pair of scissors, value 3s.; 2 silver probes, value 7s.; 1 caustic-case, value 10s.; 1 lancet, value 5s.; 1 knife, value 1s.; 2 files, value 3s.; and 5 needles, value 10s. , the goods of Samuel Jessop .
FRANCIS KEYS . I am an officer. On the 1st of May I was standing at the door of Marylebone-office - I saw the prisoners go past me - I followed them to Oxford-street - they then went on different sides till they came to Castle-street - I saw Williams go into the prosecutor's shop - he shut the door after him - I waited a few minutes, and saw Fineletter come to the prosecutor's window, and look in - he then came to the corner of the street close by me - Williams then came out of the shop - he went to Fineletter and they went on down Marylebone-street, where I saw them look at something in their hands - Fineletter then took off his hat and put something in - I and my brother officer went and took them - the case of instruments was found in Fineletter's hat.
JOSEPH COLLARD . I was with Keys, and saw this property found in Fineletter's hat - I asked what it was - he said he did not know, that he had picked it up, and if we had been watching them we must have seen it.
SAMUEL JESSOP . I am a surgeon , and live in Castle-street. On the 1st of May the officer brought this case of instruments to me - they are mine, and had been taken from a shelf at the bottom of my shop - I know nothing of the prisoners.
Williams's Defence. I was coming past Oxford-street, I met Fineletter, who said he was going for some money for his master - we went on, and I saw him pick up this pocket-book.
Fineletter's Defence. I met with Williams - we went down Oxford-street - he went down Castle-street - I waited till he came back, and he saw me pick this property up.
WILLIAMS - GUILTY . Aged 20.
FINELETTER - GUILTY . Aged 19.
Transported for Seven Years .
MARY HEATLEY . I am the sister of Martha Hubbard, who is a widow - she has two child ren in the workhouse - the eldest is Martha, and the youngest is Emma - the prisoner used to work for me, and on the 3d of April I sent her to the workhouse with my sister's children - Emma had a shawl on, which I told the prisoner to bring back, but she did not - she went away about three o'clock, and, on returning about five o'clock, she said the mistress had detained the shawls because I kept the children a day too long, but I might have them that day week.
Prisoner. I told her I had pawned one. Witness. No, you did not.
Prisoner. I pawned one and left the other at Cooper's, and intended to have got it again on Saturday night.
GUILTY . Aged 37. - Confined Six Months .
JOHN TONKINSON . I am a servant . On the 16th of April, about five minutes past eleven o'clock in the morning, I was by the Horse Guards - the parade was not over, and there were a number of persons there - I felt a twitch at my pocket - I turned and saw the officer with my handkerchief in his hand, and the prisoners were near me - this is my handkerchief.
WILLIAM SERVANT (police-constable A 41). I was by the Horse Guards during the parade - I saw the prisoners with three others - I saw Burley lift the prosecutor's pocket, and take out the handkerchief, which he gave to Feather - I took them both - the other three went on.
Feather. Q. Can you say, upon your oath, that I touched the handkerchief? A. Yes, you took it - one of your hands was in your pocket, but not the other.
CHARLES CHURCHILL . On the 16th of April I was with Servant - I saw the prisoners standing together - we watched them about eight minutes - Servant then got a little before me, and as soon as the crowd began to move, I saw him take Burley and take this handkerchief from
Feather's Defence. I stood in the crowd, and the officer took me - I know nothing of the other prisoner - the handkerchief was as likely to be thrown on me, or tucked under my arm, as that I should take it.
Burley's Defence. I was looking at the soldiers - the officer came and took me.
FEATHER - GUILTY . Aged 19.
BURLEY - GUILTY . Aged 18.
Transported for Seven Years .
805. WILLIAM GREEN and JOHN COHEN were indicted for stealing, on the 29th of April , 2lbs. of sewing silk, value 3l. 6s.; and 3 wooden bobbins, value 4d., the goods of Thomas Wilson Robinson and another .
HENRY PRITCHARD . I am partner with Thomas Wilson Robinson - we live in Bunhill-row - the prisoners were in our employ - I received information, and on the 29th of April I charged Cohen about stealing some silk - he cried and said, "Not only me, but another boy" - I then called Green down - they were then taken - Green said at the station-house that I should find the silk under the stairs at his house.
Cross-examined by MR. PHILLIPS. Q. Did not Green tell you that Cohen put it there? A. No, Cohen said it was taken by both, and Green knew as well as he did where it was - I went to the house and found the silk - perhaps there were twenty persons there - I don't know that any of them had been on my premises.
WILLIAM STANNAND . I am a police-constable. I took the prisoner - Green then asked to see Mr. Pritchard - he came to the station, and Green said the silk would be found in a cellar, in No. 3, Herring-court - I went and found these two bobbins. NOT GUILTY .
GEORGE COX . I am in the employ of Joel Tilke , a baker , who lives in St. Martin's-lane. On the 11th of April, I was in Belgrave-place , and left my basket with four or five loaves in it - I found it two hours afterwards at a public-house - this is it.
STEPHEN HOLDING . I keep the George public-house. The prisoner came there on the 11th of April, about four o'clock in the afternoon, and asked me to let him leave this basket of bread there, which I allowed - the prosecutor came for half a pint of porter, and said it was his - the prioner came for it the next morning, and I had him taken.
Prisoner's Defence. I was coming home, and Timson gave me the basket of bread' to leave at Mr. Holding, and the next day he told me to go and get it.
GUILTY . Aged 22. - Confined for One Month .
BENJAMIN APPLEBEE. I am a pewterer , and live in Shoreditch . I keep the King's Head in the Tower, which my brother superintends for me - on the 15th of April I was there, and the prisoner was introduced to me as knowing a friend of mine - I asked my brother if he would go out that afternoon - the prisoner said he should like to go with him, and I took them to Shoreditch - while my brother and I were up stairs, the prisoner took this brush and the bird, but I did not see him - we then went back to the Tower - the prisoner assumed a great deal of consequence, and called for some brandy and water, and while we were sitting there, I missed my snuff-box off the table, and asked the prisoner about it - he denied it - he then asked the way to the water-closet - I directed him, and while he was gone, I asked my brother if he had seen my snuff-box- he said no - I then looked for it, and it was not on the floor - the prisoner then returned - I again asked him about it - he took the key of a private closet, and ran up stairs, and, as he as was going, threw this bird down, which was brought to me - I then went up and found he was locked in the closet - I told him if he did not open the door, I would send for an officer - he then came down, and we sent for an officer - when the officer was coming, I looked down and found the snuff-box on the floor - I am certain it had not been there before.
Cross-examined by MR. STAMMERS. Q. Did you ever see either of these articles in the prisoner's possession? A. No- this box had been on the table in the bar that evening- a friend of my brother's had dined there, but he did not return.
ADAM BARBER . I am a serjeant in the guards. I was on duty at the King's Head, and saw the prisoner come out of the bar, and go up stairs - he took the bird out of his pocket, and threw it down - I gave it to the prosecutor.
Cross-examined. Q. How far were you from him? A. Not five yards.
JAMES COSTER . I am a corporal in the first regiment of guards. I was in the King's Head, and saw the prisoner in the bar - I asked him for a pinch of snuff, which he gave me out of this box - I went out, and saw serjeant Barber - I saw the prisoner throw this bird out of his pocket.
Cross-examined. Q. The snuff-box was on the table, and the prisoner brought it to you? A. I did not see it on the table, but he brought it to me; he was close by the table.
Cross-examined. Q. How far was the snuff-box from the table? A. I saw no table there - it was two or three yards from the prisoner.
Prisoner's Defence. The box was found close to the table where it was missed from.
GUILTY . Aged 21. - Confined Six Months .
Thomas Tomlinson , and others .
JOHN PRICE . I live next door to Mr. Tomlinson, in New Bond-street . On the 22d of April, about eight o'clock in the evening, I was bringing out the shutters, and saw Lavender looking in at Mr. Tomlinson's window - I went into out shop again, and when I came back I saw him pulling out the dressing gown, and rolling it up - he ran round the corner, and I gave information.
JOHN LITTLEWOOD . I am in the service of Mr. Thomas Tomlinson , and two others. I received information of this from Price - I ran and overtook the prisoners - M'Intosh had the dressing gown, and was folding it up - they were then about one hundred yards off.
LAVENDER - GUILTY . Aged 19. - Transported for Seven Years .
M'INTOSH - NOT GUILTY .
JOHN SLEATOR . I reside in the Strand. On the 1st of May I was in the area of the pit at Covent-garden Theatre , waiting for the door to be opened - I was pressed upon very much, but I had no suspicions at the time - on a sudden a man passed under my left arm, and raised it up, and another man raised my right arm - I then retired from the crowd, and missed my watch and purse - this is my watch - the purse I have not seen - I cannot say whether the prisoner was there or not.
Cross-examined by MR. PHILLIPS. Q. There was a considerable crowd? A. Yes. It was the night on which their Majesties were at the theatre.
THOMAS TOOL . I am a shoemaker, and live at 140, Old-street. On the 1st of May I was waiting at the door of the pit - I saw the prisoner, and five or six more with him - they spoke to each other, and I watched them - I saw the prisoner and his companions hustle Mr. Sleator - they lifted up his arms with their elbows, and rubbed him down - they tried his pockets; and at last the prisoner took the watch from him, and put it into his own coat pocket, behind - the prisoner then walked out, and his companions made way for him to pass - I followed him, and saw Wilson stand by the door - I said, "Stop that man, he has robbed a gentleman of his watch" - the prisoner then turned, and was going up the stairs of the two-shilling gallery - he saw me, and ran up till the people stopped him - I came up to him and seized him - he put his hand behind him; took the watch out of his pocket, and tried to put it down under the people - I saw that, and seized his hands - he struggled, and threw me down before the serjeant's face, and shoved the watch on the landing place - my hat came off, and the prisoner ran off towards Covent-garden - a piece of his coat was torn off in the policeman's hand - I took him under the horses' heads.
Cross-examined. Q. How often have you seen my Lord in this Court? A. I do not know - I have been in the Court once or twice before, and was always well praised by his lordship - the prisoner's friends came to me yesterday, and offered me any money to go to Gravesend.
Q. Do you mean to stick to that, that you have just volunteered on your oath, that you have been here once or twice, and been always well praised by his lordship? A. Yes, Sir, it is true certainly - I do not know how often I have been here as a witness - I will swear I have not been here twenty times - the last time I was here is a year and a half ago - I was never turned out for prevarication - I know the Lord Chief Justice Denman - he never desired me not to show my face again in this Court.
Q. Do you remember being a witness here in the case of David Barber ? Q. No, Sir, not as I know of; I will say I am sure not - I never heard the name of David Barber - I was never here except as a witness - I never was in prison on a charge of stealing a handkerchief - I never went by the name of John Tool - I lived in Hatfield-street about two years ago - I remember the case of Henry Johnson and Joseph Wells - I gave evidence against them - I swore to seeing them commit the robbery - I do not know what verdict the jury gave.
Q. Upon your solemn oath, did not they acquit the prisoner? A. I do not know - they might have been acquitted- I suppose you bullied me out of it - they might have been discharged - they were discharged.
Q. Did not you tell me you did not know whether they were discharged? A. I shall not answer you any more.
Q. Did not you swear to me, you did not know whether they were acquitted or discharged? A. I told you I did not know - I then said I did know - it is true that I did know.
Q. Upon your solemn oath, did not you know, though you said I bullied you out of it, that Mr. Lee was counsel? A. He is one of your party - that was in February, 1832 - I do not know when I had been here before that - I did not swear to Mr. Lee on that occasion, that I had two cases here the session but one before that - I will swear I did not.
Q. Now, I will put the question again out of pity to you. Did you not swear to Mr. Lee, that the session but one before that you had two cases in which you were a witness? A. No, Sir, I did not - I do not recollect when that was - it might be in February, 1832 - I had only that one case in that session.
Q. Did you never swear this on that trial, "I had two cases the session before last, and I have two more this session?" A. No; I did not - I did not swear I had two that session - I never said I did not think I had had twenty cases here in the last twelve months - I never said, "I have been the means of bringing a great many persons to justice" - I have not been fifteen times as a witness here - I do not know how many cases I have been here in - I will not answer any more.
Q. Were you ever here as a witness when the Court refused you your expenses? A. No, Sir, never - I never was here when the Court ordered I should not have my expenses - I never applied for them, it is not the expenses I look at - I cannot tell any one case in which I did not apply for my expenses - how can I recollect years ago?
Q. Upon your oath, did not you take this watch yourself? A. No; the policeman knows better than that- I called the policeman - I saw the prisoner take the watch from the prosecutor's pocket, and his companions
JOHN WILSON (police-serjeant F 10). I was under the avenue of Covent-garden - Tool came running to me, and said there was a man had stolen a watch from a gentleman- Tool then went up stairs, and seized the prisoner - they both fell down - there was a watch in the prisoner's hand - I cannot say whether it was this or not - I then seized the prisoner by his coat - he got up and ran off, leaving this part of his coat in my hand.
Cross-examined. Q. Where did you see this watch? A. When Tool and the prisoner came down, this watch was on the ground, and Tool picked it up.
Prisoner's Defence. I am a jeweller, and lived in three places for 16 years. I always maintained a good character for honesty and sobriety - you have heard the evidence of Tool, and by his works you may know him - I went to the theatre, and was making my way to the two-shilling gallery, when I was stopped by Tool, who accused me of robbing a gentleman - I, of course, treated him with indignation, and pushed him down - he called for the police; but the policeman did not come till we were on the ground- I, not wishing to get into trouble, made my way out - I heard of no watch - I had 3s. 6d. on me.
GUILTY. Aged 34. - Recommended to mercy by the Jury .
Transported for Fourteen Years .
London Jury, before Mr. Common Serjeant.
2nd. COUNT, stating it to be a person unknown.
JAMES ANDREWS (police-constable M 45). I was on Blackfriars-bridge , about seven o'clock in the evening of the 6th of May - I saw the two prisoners, whom I had known before - I saw Hitchcock take a handkerchief from a gentleman's pocket, and give it to Wright, who was with him - they had been in conversation for four or five minutes, and had another person with them - Wright put the handkerchief into his trousers pocket - I spoke to the gentleman, then went and took the prisoners - the gentleman identified the handkerchief at the Compter - he said his name was Wisdall, and he was a native of York, but he was then residing at the Castle and Falcon - he has not attended since.
Wright's Defence. I picked the handkerchief up.
HITCHCOCK - GUILTY . Aged 16.
WRIGHT - GUILTY . Aged 16.
Transported for Seven Years .
JOHN FARMER . I am a patrol of Farringdon Within. I was on Ludgate-hill , on the 5th of May - I saw the prisoner, whom I knew - I watched, and saw him take this handkerchief out of a gentleman's pocket - I crossed the road, and took him - he said the handkerchief was his own- I had not an opportunity of speaking to the gentleman - he had another handkerchief in his pocket.
Prisoner. I was going along, and took out my handkerchief for my use, and the officer took me - he might have gone after the gentleman. Witness. He made so much resistance.
NOT GUILTY .
JOHN FARMER . I am a patrol of Farringdon. I was on duty on Saturday night, the 26th of April - I saw the prisoners together - Dixon took a handkerchief out of a gentleman's pocket, and gave it to Lewis - I had known both the prisoners by sight before - I watched them some time - there was another person with them - when I saw the handkerchief taken, I called to my partner, and we took the prisoners - I spoke to the gentleman; but he did not give his name.
Dixon. He came to me and said I had picked a gentleman's pocket - I stood till the gentleman came up and said he had lost nothing.
JOSEPH LLOYD . I am an officer of Farringdon Ward. Farmer called me - I went up and saw the two prisoners - I caught hold of Lewis, and he dropped this handkerchief out of his hand - the gentleman came up and said he had lost his handkerchief, and this was it - we told him to follow us to the watch-house - he followed us to the end of Cheapside, and there we lost him.
Lewis's Defence. About half-past nine o'clock, I was coming from my sister in Chancery-lane - I met Dixon - he asked where I was going - I said, "Home," and we went on to Newgate-street, where the watchman took us - I know nothing of the handkerchief.
DIXON - GUILTY . Aged 23.
LEWIS - GUILTY . Aged 20.
Transported for Seven Years .
MR. ELLIS conducted the Prosecution.
WILLIAM DREW (City police-constable No. 88). On the 29th of April , about half-past two o'clock in the afternoon, I saw the prisoner in Fetter-lane in company with another person - they went down King's-head-court towards Holborn - I went with Serjeant Waller into Holborn - we took hold of the prisoner, and asked if he had any thing about him - he said "No" - we took him into a hosier's shop, and found half-a-crown in his waistcoat pocket - he said he had picked it up - we asked him if he had any more - he said "No" - we desired him to take off his shoes and
Prisoner's Defence. I picked them up, and if my companion had asked what I had got, I meant to have said one half-crown, and to have kept the other three to myself.
GUILTY . Aged 16. - Confined Two Years .
Third Middlesex Jury, before Mr. Common Sergeant.
814. SARAH COLLINS was indicted for stealing, on the 15th of April , 1 sheet, value 3s.; 1 shirt, value 3s.; 1 pair of stockings, value 1s.; 1 apron, value 6d.; 1 gown, value 8s. , the goods of James Bunyon .
ANN BUNYON . I am the wife of James Bunyon. The prisoner came to my house, and said she was very poor - that she had come from the workhouse, and was going there again - I told her she might stop in our house, and she stayed till the 15th of April - I gave her victuals and drink - on the 15th of April I went out at five o'clock in the morning, and left her in the house to get breakfast ready against I came home - I returned at half-past seven - she was then gone - I missed the articles stated in the indictment - this is the gown - I have not found the other things.
GUILTY. Aged 24. - Judgment Respited .
KENNETH M'LENNAN . I live at the Red Lion public-house, Gray's-inn-lane. On the 22nd of April I was going to my lodging, and asked a man to direct me - he was not altogether certain - the prisoner came up, and offered to direct me, but instead of taking me to my lodging, she took me to her own lodging - it was about half-past ten o'clock at night - there was some drink brought in, and I fell asleep- I did not awake till six in the morning - I then missed every thing I had in my pocket - my coat was gone, and a small parcel - I asked the prisoner about them - she said she had the coat - she went out, and returned about half-past eight o'clock, quite intoxicated - she said the coat was in pawn, but she would not give me the duplicate till I gave her more money - I had given her all the money I had the night before - this is my coat.
Prisoner. He said he had no money - he proposed to leave his coat with the landlady - she would not take it till he signed a paper, which I have here.
DANIEL SMITH (police-constable C 146). I met the prosecutor that morning in Gray's-inn-lane - he said he had been robbed - I went and took the prisoner - she said he had been with her all night, and gave her the coat to pawn, and she had bought some liquor, and he had part of it - the prosecutor was not sober.
NOT GUILTY .
GEORGE SMITH . I am a coachman. On the 4th of May, about ten or eleven o'clock at night, I was on my coach box in Davis-street, Berkeley-square - the prisoner came up to me, he patted the horses, and said to me,"Coachman, you seem rather sleepy" - I said, "Yes, rather so" - he said, "You have got a good pair of cattle here" - I said, "Yes" - the footman's coat was on the box by my side - he then walked away towards Brook's-news - I fell asleep, and when I awoke I saw him come back, and stand against the post for a quarter of an hour - I had my left arm on the coat, and was dozing - I felt the coat snatched from under my arm - I looked down and saw the prisoner doing the coat up - he walked off - I called to him to bring it back - he walked on - I said, "Do you mean to bring that coat back?" - he walked on, and I called, "Police," and "Stop thief" - I turned my horses, and drove after him - he threw the coat over some rails - I saw him come up Brook's-mews, and gave charge of him - this is the coat - it is my master's, Mr. Henry Wells.
Cross-examined by MR. PHILLIPS. Q. How long had you been on the coach-box that night? A. About an hour and three quarters - I cannot tell how long I had been asleep - I had been up till three o'clock the morning before- I was a little drowsy - when the prisoner was taken, he denied knowing any thing about the coat - it was not dark - there were lights about - it is not a very great thoroughfare - if any one had walked heavily down the street I should have heard them when I was asleep - I am sure the prisoner is the man - it is the footman's coat - my master is in the country - I am sure he had not given this coat to the footman.
COURT. Q. Was the footman out that night on duty? A. Yes. When he is out on duty, he wears his master's clothes.
JAMES CALLAGHAN (police-constable C 88). I was on duty, and heard the coachman call to the prisoner, and ask what he meant to do with the coat. I was on the opposite side - he called to the prisoner a second time, and asked whether he meant to bring the coat back - he then called"Police," and turned his coach, and pursued the prisoner - I ran across and pursued the prisoner into a mews, where I took him - the coachman pointed out the place where the coat was thrown - a man came to the place, got the coat, and gave it me.
Cross-examined. Q. Then there was another man in the street? A. There were seven or eight persons when I took the prisoner. When the coachman first called to the prisoner, I thought he might be a fellow-servant - but when he called "Police" I went over - I saw him with the coat, but I did not see him take it, nor throw it away, but the coach got between him and me - I saw him walking along - I had never seen the prisoner before - I saw no one there but him; but there were six or eight persons when I took him.
GUILTY . Aged 20. - Confined One Year .
WILLIAM JAMES was indicted for stealing, on the 26th of April , 2 half-crowns, and one shilling , the monies of Elizabeth Muir .
ELIZABETH MUIR. I live in Duke-street, St. James's . On the 26th of April I was cleaning the stairs - about two o'clock; my son paid the plumber's bill, which was 1l. 14s. - I received the change in two half-crowns and one shilling, which I laid on the stairs, when I had cleaned the stairs I went up, leaving the money there - the prisoner came up, and asked if I had any thing for No. 18, Hill-street - I had never seen him before - I said I had nothing, but I would ask the young people in the next room- they said they had nothing, and the prisoner went down stairs - I went down for the money, and it was gone - I went out, and found him in Berkeley-square, holding a horse - I walked up and down two or three times, to see for an officer - when the prisoner saw me, he called a lad, and gave the horse to him, and he ran away - I collared him, and said if he chose to give me what he had taken from the stairs, well and good; if not, I would give charge of him - he said he had not taken any thing - he was then taken, and in his waistcoat pocket were found two half-crowns and one shilling.
Cross-examined by MR. CLARKSON. Q. How much did you first say you had lost? A. I first said it was two half-crowns and a sixpence - I was not certain at the moment, as I ran away in a flurry - the plumber's bill was 1l. 14s. 3d., and I was not certain whether he had taken the three-pence or not, but he had not - no one went up the stairs but the prisoner - I cannot tell whether any one came down.
THOMAS TULL . I am a police-constable. I took the prisoner about two o'clock - he was stopped, and the prosecutor was in front of him - he was not running - this is my deposition (looking at it), it was read to me - I did not understand that it was read that I saw him running; it must have been a mistake - the prosecutrix said he had robbed her of five shillings and sixpence - in going along, the prisoner said, "Do not let me go to prison - I have plenty of money about me; if you will tell me what you have lost, I will give it you" - the prosecutrix wanted to take the money, but I would not allow it - I found two half-crowns and a shilling in one pocket, and in another pocket three sovereigns and about 1l. worth of silver - I went to No. 18, Hill-street- I found he had been sent by the butler for the linen.
NOT GUILTY .
OLD COURT. - Saturday, May 17th, 1834.
Fifth Middlesex Jury, before Mr. Justice Littledale.
RICHARD HUDSON TELFER. I am a hosier , and occupy the house, No. 10, New-street, Covent-garden, in the parish of St. Martin-in-the-fields . I sleep in the house - the shop is part of the house - the prisoner came to the shop on the evening of the 4th of March, and wanted two half-sovereigns for a sovereign - I took a bag of gold from my pocket, and gave him two - he objected to the coinage - he wished for one with the Fleur-de-Lis on it of a more recent date - I put my hand into the bag, and turned some gold into my hand - and in looking for the coinage which he wished for, the prisoner said, "Allow me" - he reached over the counter, and put his hand on the gold, pretending to look at the coinage - he said he should know the coinage immediately; and, after looking for some time, he said there was none there - I again put some more gold into my hand, and some on the counter - after looking at it for about five minutes, he said he was sorry to give me the trouble, there was none of the coinage they wanted, and then left the shop - on leaving the shop, I observed him put a handkerchief from his left hand into his right hand, and put his right hand into his breeches pocket - I heard some money rattle - I had observed that handkerchief in his left hand all the time he was in the shop - as soon as he was gone, I suspected he had taken some of my money - I counted my money, and found it was 9l. 10s. deficient - I had 39l. 10s. in gold, in my bag, before he came to the shop - it was in my left hand breeches pocket - I had counted it within half an hour before he came into the shop, and within five minutes of his leaving the shop, I counted it again and found only 30l. - I had not taken any money out from the time I counted it, up to the time he came in - while he was looking at the money, he touched it with his hand - part of it was in my hand, and part on the counter; and he held his hand over my money-bag as I held it in my hand, pretending to look for it - he had his handkerchief in his hand all the time he was in the shop - I did not see any thing done to that handkerchief - I looked outside the door, but could not see him - he was gone five minutes before I discovered my loss - I did not pursue him - I thought it useless - my gold consisted of sovereigns and half-sovereigns- I cannot say how many of each I missed exactly - I supposed there were about three half-sovereigns deficient - there were about eight sovereigns deficient - 9l. 10s. in all - the bag contained nearly all sovereigns - I had not quite so many as six or eight half-sovereigns in the bag - there might have been five or six - I saw the prisoner again at Bow-street, about a month after - I knew him again - I believe I had seen him before he came into my shop - I knew him instantly when I saw him at Bow-street.
Cross-examined by MR. BODKIN. Q. Is it your custom to count your money in your bag of an afternoon? A. Yes; I did that in compliance with my usual custom - I trust to my memory as to the amount - I counted it between six and seven o'clock - it could not exceed thirty-five minutes between the times of the first and second counting - I have not a doubt of the quantity of money in my bag - I am quite positive that more than five whole sovereigns were taken - I cannot say how many half-sovereigns there were- I will undertake to swear that five whole sovereigns must have been taken - the impression on my mind is, that eight or nine whole sovereigns must have been taken, but there might possibly be five or six half-sovereigns.
Q. Do you remember stating before the magistrate that the person who took the money was not more than half a minute in your shop? A. No; I said he was a very short time - I do not think I said half a minute - it was done instantly - I might have used the phrase without meaning so short a time - it was done in a very short time - he was examining
Prisoner's Defence. I am innocent - there is a prisoner in prison who so corresponds with me, (and he acknowledged it) - if you will call him into court, my Lord, and see if the prosecutor can identify him - I had a tumour cut from under my tongue, by Mr. McMurdo, the surgeon, and he called this other prisoner the next morning and asked him how his mouth was, taking him for me.
Q. Suppose you had seen one of the men only once in your life, is there such a resemblance that you might instantly have mistaken one for the other? A. There is - I have made that mistake in the gaol, and even took one man for the other - I had seen them, I think, only twice - the charge against him is for a theft committed in a similar way - he has been tried and convicted.
MR. TELFER re-examined. He had a hat on all the while he was in the shop.
(Lindsay was here brought into Court, and both prisoners put on their hats.)
MR. TELFER (looking at Lindsay). The difference is so great, I should recognise them instantly - I am positive the prisoner is the person.
JURY. Q. After seeing the two men together, do you believe the prisoner to be the man - are you fully satisfied he is the man? A. I am quite positive of it - I knew him by sight before - I am positive he is the man - I knew him when I first saw him at Bow-street, and I had seen him in my shop before.
MR. PHILLIPS. Q. Is there not a similarity between the men? A. I do not perceive much; there certainly is some likeness - I have not the slightest doubt of him; and when I saw him at Bow-street, he had the same dress on as when he came into my shop, which he has now changed.
GUILTY . Aged 29.
Before Mr. Justice Vaughan.
819. ALEXANDER WATKINS was again indicted for stealing, on the 15th of April, at St. Martin-in-the-fields , 10 sovereigns, the monies of John Wilson and another, in their dwelling-house , to which indictment he pleaded
GUILTY . Aged 29. - Transported for Life .
Before Mr. Justice Vaughan.
820. HENRY EDWARDS was indicted for that he, on the 23rd of April , at St. Matthew, 1 piece of false and counterfeit coin, resembling, apparently intended to resemble and pass for, a current silver coin, called a shilling, feloniously did falsely make and counterfeit , against the Statute, &c.
MESSRS. ELLIS and PARKER conducted the Prosecution.
JOSEPH FRYER . I am a policeman. I accompained Hall, Ashton, and Lloyd, on the 23rd of April, to No. 10, Collingwood-street, Bethnal-green - the street door was open - we entered and went to the back parlour - I found the door fastened inside - I pushed against it, but could not get in - it might have been only shut - Ashton and I pushed against the door, and broke it in - on entering the room, I saw the prisoner there - there was a very good fire in the grate - he was standing by the side of the fire on the hearth - his coat was off, and he was in his shirt sleeves - he had got something in his hand, which he threw down on the hearth - it was something white, like plaster-of-paris - it broke with the fall - I knocked him back into a chair, and there held him - Lloyd came up and handcuffed him - his shirt sleeves were tucked up - I went to the hearth, and picked up the pieces of a mould, made of plaster-of-paris, quite hot - I also picked up two counterfeit shillings on the hearth - they were quite warm - I took out of the fire a tobacco pipe three parts full of white metal melted - there was a frying-pan on the fire, with some small pieces of white plaster in it - on the table, I found a small file, with white metal in the teeth of it - I took them away, and produce them - I put the pieces of the mould together, and there was part of the impression of the head and tail of a shilling on it.
WILLIAM BAKER ASHTON . I am a policeman. I went with the officers, and saw the prisoner throw the white mould, which I produce, out of his hand - it broke to pieces on the hearth - that is different to the one Fryer produces- it was quite hot, so that I could not hold it - it has been put together since - the prisoner's sleeves were up, and he was in the act of stamping on the mould which Fryer has produced, when we entered the room - Fryer knocked him back, and secured him in the chair - I picked up this shilling with a get at the end of it - it had just come out of the mould, and was so hot I was obliged to put it down - I found, behind a picture, this little book - the prisoner said, "That is only the rent book - you need not take that away" - while I was searching the room, I said to him,"You were very quick, old fellow" - "Yes," said he, "if you had been half a minute longer, you would have got nothing."
JOHN FIELD . I am inspector of counterfeit coins to the Mint. This appears to have been a plaster-of-paris mould - it was produced by Fryer - it is for casting shillings - on one side of it is part of the impression of the obverse side of a shilling, and on the other side part of the impression of the reverse side of a shilling - the mould appears to have been used for casting, but it is now broken - here are two finished counterfeit shillings produced by the same officer, and, I believe, were cast in this mould - they are made of britannia-metal, which is very easily fused - the tobacco pipe has the same description of metal in the bowl of it - the file has the appearance of white metal in the teeth, and is used to remove the projection on the surface - another mould produced by Ashton is of a similar description, and has part of the impression of both sides of a shilling - this mould has not been used - the shilling produced by Ashton is counterfeit, and has the get to it - this shilling was cast in the first mould - Hall has produced six shillings - they are all counterfeit, and cast in the first mould, one still having the get - the other five are finished - the spoon has been used to mix plaster-of-paris- all these articles are what are used to cast counterfeit coin.
Prisoner's Defence (written). On the evening previous to the day named in my indictment, the man who laid the information against me, whom I have known about twelve months, came to me while I was on Shoreditch coach-stand with my cab, and asked me if I should be at home next morning - I replied, "Yes," and told him to call in the morning - he knew where I resided, in consequence of his residing at No. 5 in the same street, and under the same landlady as myself - he came according to appointment, and asked me if I would allow him to do a little job at my house - I asked him what it was - he said not of much consequence, but he could not very well do it at home, and he would not be more than half an hour - I agreed accordingly, and then went to my father's on Cambridge-heath on a little business, and left him at my home - when I returned, I asked him what he was doing - I saw six shillings on the table, which proved to be base - he said to me, "Hold this" (meaning the mould) which he had in his hand, and said he wanted to step home, and that he would return in five minutes - he then instructed me what to do during his absence - he had not been absent five minutes before the door was burst open- this was his plan to insuare me so that he could insure his object. I have since been informed that he is a most notorious coiner and utterer about the neighbourhood of Field-lane and Smithfield - also, the woman he cohabits with, she being once transported from this court for seven years in the name of Elizabeth Cooper, and has also suffered four months imprisonment at Ilford Jail for the like offence, that they are now at Brighton imposing on the public by coining and uttering. His object was to dupe me, to enable him to gain a reward which is given by the Mint, on conviction of an information.
GUILTY . Aged 26. - Transported for Life .
Before Mr. Justice Littledale.
821. AMELIA ANN RICHARDSON, alias ANN BROOKSBANK , was indicted for feloniously and unlawfully uttering, to Henry Asbridge , a counterfeit, half-crown, well knowing the same to be false and counterfeit, and that she had before been convicted of like offences .
EDWARD JOSEPH POWELL . I produce a copy of the record of the conviction of Amelia Ann Richardson , at the Middlesex February Sessions, 1833. I got it from the office of the Clerk of the Peace for the county of Middlesex- it is a true copy - I examined the record with the copy, and the copy with the record (read).
JOHN FISHWICK SUMMERSELL . I am a turnkey of the House of Correction for Middlesex. The prisoner has been in my custody for uttering counterfeit coin - she was tried in February, 1833 - I was present at her trial - she was convicted, and suffered six months' imprisonment, fourteen days of which were solitary.
HENRY ASBRIDGE . I am assistant to Railton and Peascod, linen-drapers, 242, Regent-street . The prisoner came to their shop on the 6th of May, about seven o'clock in the evening, and asked for some pins - she laid down half-a-crown - the pins came to 5d. - I showed her two papers, one at 41/2d. and the other at 5d. - she took that at 5d. - I got another half-crown and weighed it with the one she gave me - I found it deficient, and told her it was bad - she said she had taken it that evening - Mr. Peascod came down the shop - I left it in his possession while I fetched an officer - I returned with an officer, and received the same half-crown from Mr. Peascod - I knew it because it was worn at the edge - it was not finished at the edge on one side - I observed that before I gave it to Mr. Peascod, who returned it to me - I marked the half-crown and gave it to the policeman C 70.
Prisoner. He did not leave it with Mr. Peascod - he gave it to a little boy seven years old. Witness. I did not - nobody was there but Mr. Peascod - there was a boy at the desk, but not where we were - I weighed the half-crown myself.
JURY. Q. Was the half-crown out of your sight? A. Yes; when I gave it to Mr. Peascod, who was coming down the shop, about twenty yards - I weighed it before the prisoner.
Prisoner. Q. Did you not tell him to give it to the boy at the desk, and say, one witness was quite sufficient; and you left it with the little lad at the desk? A. When he gave me the half-crown, I said, "Go for a constable," and at that time I gave the half-crown to the boy at the desk, knowing
JURY. Q. Did you lose sight of the half-crown? A. Not while the shopmen were looking at it - I do not know that I saw it all the while in the boy's hand, but I saw the boy all the time - he was not in the desk, I called him out of the desk - he was at the desk when Asbridge went out of the shop.
JOHN FLOOD . I am a policeman. Asbridge came to me, about a quarter after six o'clock in the evening of the 6th of May - I went to the prosecutor's shop - the prisoner was given into my custody - I received half-a-crown from Asbridge, which I produce.
HENRY ASBRIDGE re-examined. This is the half-crown- here is a mark which I put on, after I received it from Peascod; and here is the mark that I saw on it when I gave it to Mr. Peascod - I noticed it when the prisoner gave it to me - I know it is the same mark - it is filed on one side.
Prisoner. It was not him that marked it. Witness. I did, in Mr. Peascod's presence, when I came in with the policeman - I did not ask where the half-crown was - Mr. Peascod gave it to me - I took my scissors out to mark it with - the boy did not mark it.
JURY. Q. Did you bring the policeman back with you? A. Yes; he was present when the half-crown was marked.
ALFRED WILLIAM MELBOURNE . I am in the service of Mr. John Scott , a cheesemonger; and I live in Vigo-street. On the 24th of April, the prisoner came to our shop about four o'clock, and asked me to serve her with six pennyworth of eggs - I served her; and she gave me a bad half-crown - I said I would go and get change - I went out to the station-house, and brought a policeman to the shop, and gave her in charge - I gave the half-crown at the station-house to the Inspector Dewin - I had not marked it then - he gave it me back again - I marked it, and gave it to him again - I never lost sight of it before I marked it - he gave it to Rogers, the policeman, without my losing sight of it.
A. W. MELBOURNE re-examined. It is the same I gave Dewin: and has my mark on it.
GUILTY . Aged 23. - Transported for Seven Years .
Before Mr. Baron Bolland.
822. CHARLES DUFF, alias TUBBS , was indicted for feloniously breaking and entering the dwelling-house of John Bell , on the 17th of April , at St. Leonard, Shoreditch, and stealing therein 1 scent-box, value 6s.; 1 gown, value 4s.; 1 sheet, value 4s.; 1 waistcoat, value 1s. 6d.; 1 tablecloth, value, 3s.; 2 shirts, value 3s.; 2 frocks, value 3s.; 2 shifts, value 1s. 6d.; 2 handkerchiefs, value 1s. 6d.; 1 petticoat, value 1s.; 3 caps, value 2s.; 1 night-gown, value 2d.; 1 yard of calico, value 6d.; 1 umbrella, value 2s.; and 2 collars, value 1s., his property .
HARRIET BELL . I am the wife of John Bell , who lives in Dove-row, Margaret-street, Hackney-road, in the parish of St. Leonard, Shoreditch : he is an ivory-turner . On the morning of the 11th of April, between ten and eleven o'clock, I left the house to go to the baker's - I left nobody in the house - I locked the door, and when I went out, I observed the prisoner leaning over the pails opposite, about fifteen yards from the house - I was not absent a quarter of an hour - on coming back, I found my street door open; also the parlour door, which I had locked, and the back door open - I found a crowd round the door - I found two cupboard doors open in the parlour, and missed a bundle off a chair in the parlour - that had in it two shirts, a shift, two pocket-handkerchiefs, two collars, a cambric shirt front, two petticoats - I went up stairs, and found three drawers open, which were locked when I went out - I had left the key in one of them - a great many things were taken out - my bed was doubled up, ready to be taken away - also a shirt and shift, rolled up, and left on a chair - I went into the back bed-room, and found one box broken open - I missed a silk gown from that box, and a shirt out of the drawer - two caps were taken, and a nightgown and two frocks - I do not think 2l. would replace the things - I missed a table-cloth, a scent-box, and an umbrella - I have found every thing except the scent-box and umbrella - I saw the prisoner in custody of the policeman, opposite my door, after discovering my loss - he asked for some water, (appearing to be almost choking,) which was given him - as he was walking up Perry-street, he turned round, and told me he was not the person who entered my house.
Cross-examined by MR. JONES. Q. How long were you absent? A. Not exceeding a quarter of an hour, for I looked at the clock when I came back - when I left, the prisoner was leaning over the paling looking into the pond - I have seen him before, I am certain, somewhere - I cannot say where.
JOHN KEY . I live in Maidstone-street, about one hundred and fifty yards from Bell's house - I have a side view of his house - on Thursday, I was at work in my shop with the window open, and saw three men loitering about the street, appearing suspicions characters - I am positive the prisoner was one of them - he had a brown paper parcel in his hand, tied with white tape - I observed them walking up and down the street - presently one of them popped round the corner, and presently afterwards I saw them all three go up to Mrs. Bell's door - they stood at the door for a few seconds - one of them peeped through the window, and the prisoner looked through the key-hole - I saw one of them take something out of his pocket, and they opened the door- two of them went in, but the prisoner did not - they shut the door after them - the prisoner walked fifteen or twenty yards, then stood by the pond to watch - I ran down stairs and ran out towards Bell's, and just before I got to the door I saw the two men come out of the house with a bag - I could not pursue them - the prisoner was walking from where he stood - I collared him - the two men ran away; one of them had an umbrella - I had not seen him with an
Cross-examined. Q. Your hearing is not very good? A. Not very. I could see the man distinctly, and the parcel he had in his hand - I never saw the prisoner before - I never said he was not one of the men who went up to the door - I am positive he is one of them - I told the magistrate that he was one who went up to the door, and peeped through the key-hole, and the others through the window- neither of the other men were so near me as the prisoner- I walked up and took him, because he was nearest to me, and the others were young men, and running quick - I asked him what the parcel was, and what it contained - he said, "What is that to anybody?" - my shop is on the first floor - between my house and Mrs. Bell's there is a garden, with a great many high trees, but none of them were in the way - there is a piece of road between my house and Mrs. Bell's - the trees in the garden are newly planted, and some of them have not got a leaf - they do not interrupt my view of Bell's house.
COURT. Q. Did the trees prevent your seeing this? A. Not in the least.
THOMAS KEY. I am the son of John Key. I was working with my father in the room which commands a view of Bell's house - I saw the prisoner leaning over the palings - he had a paper parcel with him - there was a stout gentleman came from Baker's house, and went up the New Road- as soon as the stout gentleman got out of sight, the prisoner went down to Bell's house, and peeped through the key-hole and the window - nobody but him was at the house at that time - he went down to Mr. Bacon's public-house, and fetched two men out - it is fifteen yards from Bell's - they all three then went up to Mr. Bell's door - one of them put a key in the door, opened it, and two of them went in - they shut the door - (the prisoner remained outside, and walked about by the gas works) - I saw them up at the top window of the house - my father ran down stairs, and I ran out with him - he took the prisoner, who had a brown paper parcel with him - I saw him eating a piece of paper, but did not see him tear it off - my mother gave me a black bag, containing the property, and I took it into Bell's house.
Cross-examined. Q. How soon after the two men went into the house did you go out? A. We saw them up at the window of the house, and ran out in about three minutes - we stopped to see if it was any body belonging to the house first - I saw them moving about.
THOMAS JAMES FRANCIS . I am a shoemaker, and live in Dove-row, ten or twelve houses from Bell's, on the same side. Soon after nine o'clock I went out, and in New Boston-street saw three men in company - the prisoner was one of them - the street is opposite Bell's house - I went on my business, and returned in about half an hour - I observed the prisoner looking over the pales into the pond - the other two men turned into Bacon's public-house - I went out shortly after, and the prisoner was leaning over the pails - the other two were in the tap-room, looking over towards Bell's - I came back, and in a few minutes saw the prisoner look through the key-hole of the gas gates - I said, "You cannot get in there, they have been fastened up some months- you had better go round if you want any body" - he said, he wanted the gas man - I told him his conduct was very suspicious - I went home, and about twenty minutes afterwards I heard a cry of "Stop thief" - I went out, looked towards Bell's house, and saw Key take the prisoner - a crowd got round him, and Mrs. Bell came home - I went into the house with her - the street door and parlour door were wide open - I went up stairs with her - the bed was doubled up, and the things all in confusion - the drawers all open.
Cross-examined. Q. Then you saw the prisoners four or five times that morning? A. I did; I suspected them - I was going about to my work people - I have lived in Doverow three years - I never saw the prisoner before that morning - I was in this court ten years ago, on a trial about a 5l. note which I took - I have never been here since to my knowledge - in the other court I had two cases while I was a private watchman - I was never tried in my life in any court.
Q. Were you not charged four or five years ago by one Leggatt, with a criminal offence? A. Never; I know John and Thomas Reeves - they were both tried some time ago- I was not a witness on that trial - it was a brother of mine - I was never in my life charged with robbing any lady or gentleman.
MARY KEY . I am the wife of John Key. I remember his going out on this morning with my son - I observed two men come out of Bell's house, one with a black bag, and the other with an umbrella - the last man drew the door after him - I could not see whether it shut - the one with the bag directly ran down Boston-street - I ran out of my house, and met him - I said, "Master, you are wanted back there" - he said, "Nobody wants me" - I said, "You are a thief, and you have robbed the house" - he directly threw the bag at me, ran as hard as he could down John-street, and got away - I took the bag back to Bell's house, and gave it to my son, who took it into the house, and gave it to Mrs. Bell.
ELIZABETH SCROOB . I am the daughter of John Scroob, and live in John-street, Goldsmith-row. On the Thursday morning I was sitting at the window at work, between ten and eleven o'clock - I heard the cry of "Stop thief," and saw a man running, and the people after him - he ran down John-street, and threw something over Mr. Forster's garden wall.
ROBERT DAWSON . I live with Mr. Forster, at the Goldsmith's Arms. I was scouring my pots about twenty minutes before eleven o'clock in the yard - something was thrown over the wall, and hit me on my hat - it was a black bag with two skeleton keys in it - I gave them to the policeman.
JAMES MILLER . I am a policeman. Two skeleton keys were delivered to me by the landlord, who Dawson gave them to - one is a latch key, and the other a skeleton key- I tried them with Bell's door - one opened it directly - I
Prisoner's Defence. I was walking that way, going to make a waistcoat, which was in the parcel, as a present to my brother-in-law to work in; and I refused to tell who he was, because I thought it might injure him in his work.( John Davis , weaver, No. 4, Shaywood's-place, Bethnalgreen, gave the prisoner a good character.)
GUILTY . Aged 45. - Transported for Fourteen Years .
Before Mr. Justice Littledale.
THOMAS ROLFE . I am a farmer , and live at Harlington, in Middlesex . I had a bay gelding, which I saw safe on the 30th of April in my farm yard - I found it was missing next morning, and went to Hanworth, and found the prisoner in custody with it in a shed - I knew it again - I have had it twenty years - it is blind, and has several marks on it - I can swear to it.
SOLOMON GEORGE . I am servant to Mr. Rolfe. I put my master's horse into the farm yard at seven o'clock, on the 30th of April - I did not see it again till it was brought from Hanworth next day - I went to the yard in the morning, and it was gone - Hanworth is four miles from master's - it was brought back between twelve and one o'clock, and was master's horse - I have lived with him twelve months' - I know the horse well - I am sure it was the same.
JOHN FOWELL . I am a knacker, and live at Hanworth, in Middlesex. The prisoner came to my house on the morning of the 29th of April - I did not know him before- he called me up in the morning, and asked if I would buy a blind pony of him - I said, "Yes" - I asked where he lived - he said at Harlington - I asked where the pony was - he said it was over there - I asked why he did not bring it with him - he said he could not that morning, as he was going to Kingston - I offered to put my horse in the cart, and go with him to see it - he said he could not go then, for he was going to Kingston - he asked if I would see it in the morning - I said, Yes, I would see it any time in the morning, if he would bring it over - he asked at what time - I said, "Between eight and nine o'clock" - he said he must bring it over before that, for he had appointed to be somewhere else before that, and he would bring it over about five o'clock in the morning - he came a little after five o'clock in the morning with the pony - he called me up - I looked at it, and asked what he wanted for it- he said, 2l. - I said that was too much money - I thought it worth more, but thought he did not come honestly by it - he said he would take 35s. - I bid him 30s. - he would not sell it for that - I said I would give him a guinea and a half for it - he said I should have it - it was a brown pony - he put it into my stable - I said I would go down and pay him for it - I sent a young man to look to the horse, while the prisoner and I went and had a pot of beer - my partner and I then told him we did not think he came honestly by the horse, and asked where he lived - he said at Harlington, and his name was James Smith - my partner agreed to take the prisoner in the cart over to Harlington to see if it was right - he refused going, and wanted the money for the horse - after a little while he agreed to go - when the mare was put in the cart he would not go unless the horse went - he still wanted the money for it - my partner sent for a constable, and gave him in charge - this was about half-past six o'clock in the morning - Rolfe came over about eight o'clock, and claimed it as his own - George came with him, and he knew it again - it was a gelding.
Prisoner. Q. Did the boy come over with Mr. Rolfe? A. Yes; in the cart.
MR. ROLFE re-examined. The horse I saw at Fowell's was the horse I lost - it is a gelding - I am sure it is mine.
SOLOMON GEORGE re-examined. I did not go over to Hanworth with Mr. Rolfe in the cart.
Prisoner's Defence. I bought the horse for thirty shillings, of David Lee - I went over to the man to sell it about half-past five o'clock in the morning, and called him up - he asked what I wanted for it - I said 2l. - he humm'd and ha'd a good bit - he offered a guinea and a half, which I refused - he waited a quarter of an hour, and then put it in his stables.
GUILTY . Aged 23. - Transported for Life .
Third Middlesex Jury, before Mr. Recorder.
824. THOMAS KNIGHT was indicted for feloniously breaking and entering the dwelling-house of Thomas King , on the 2nd of May , at St. Luke, Chelsea, and stealing therein 1 shirt, value 4s.; 3 caps, value 1s.; 2 handkerchiefs, value 2d.; 2 pieces of netting, value 3d.; and 41/4d. in copper monies, his property; and 1 waistcoat, value 3s., the goods of Joseph Powell .
THOMAS KING . I lodge in Mr. Powell's house, in the parish of St. Luke, Chelsea . My wife and family live in the house, and my landlord's two sons - Powell lives at Isleworth, but his sons occupy a room in the house - I only rent two rooms, but have the range of all the house - his sons were living there at the time - one is eight years old, and the other two years old - they do not pay rent to me - they are placed there by their father - on the 2nd of May, at four o'clock in the morning, I heard a noise down stairs - I jumped up in bed - I heard the shutters opened, and the front door broken open - I went down stairs, and found the front door about three inches open, and the prisoner's shoes about four feet from the door, and a small parcel by them - I saw the glimpse of a person running from the kitchen - I caught him behind the door, and said, "Halloo, what are you doing here?" - he said he had only come in for two or three hours' sleep - I had bolted and locked the door the night before - I lost a sheet off the line in the kitchen, where it hung to dry; three caps out of another room; two small handkerchiefs, and fourpence farthing in copper - I have not seen the money since - I detained him, and gave him in charge - he was without shoes, and afterwards put on the shoes which I found - he had got in at the front parlour window, which I found half-way-down, and which had been shut overnight, but not fastened.
Prisoner. Q. What articles had I in my possession?
JOHN PORTSMOUTH (police-constable T 104). I got the articles which I have produced when I took the prisoner to the station-house - I found the waistcoat, three caps, a small handkerchief, and two pieces of lace in his hat - he owned himself guilty to me - I said nothing to induce him to confess - I found 103/4d. on him - he did not seem at all in liquor.
Prisoner's Defence. I do not consider myself guilty of the crime laid to my charge - two persons, particularly one, has sworn false, for I never had the articles in my possession - I can safely say as a man, in the face of the Almighty, I never committed an offence before in my life - I have been in His Majesty's service some years, and in the young Queen of Portugal's - I wrote a publication in my name, "Thomas Knight, lately a corporal in the British battalion."
GUILTY of Stealing only . Aged 43.
Transported for Seven Years .
825. SAMUEL WESTBROOK , BENJAMIN GAWTHORN , and WILLIAM DOLLY were indicted for feloniously breaking and entering the dwelling-house of John Bell , on the 3rd of May , at Norton-falgate, and stealing therein 2 shawls, value 4l. , his property, and SARAH BAKER for feloniously receiving 1 shawl, value 2l. part of the said goods, well knowing them to have been stolen against the Statute.
2nd COUNT, for receiving of an evil-disposed person.
JOHN BELL . I live at No. 4, Norton-falgate, in Middlesex . I am a linen-draper - on Saturday, the 3rd of May, between nine and ten o'clock, a boy, named Ware, ran into the shop and gave me information - I ran out, and saw Gawthorn running a few yards from the shop - I pursued him into Spital-square, crying "Stop thief" - I could not overtake him - he ran into White Lion-street, where a policeman took him - I saw him taken - on returning to my shop, I observed a square of glass which had been previously cracked, was broken - I think it must have been cut - it was cracked before, or cut - I found some of it had been removed, sufficient for a hand and arm to be introduced through the window - I missed from the window two shawls, which I had seen safe about seven o'clock - I have since seen them both, they are worth 4l. together - I have since seen a piece of glass in the hands of the policeman H 93 - it formed part of the pane of my shop window - it exactly fitted the vacant space - I am the occupier of the house.
ROBERT DAVIS (police-constable H 36). On Saturday, the 3rd of May, I was in White Lion-street, Norton-falgate, and heard the cry of "Stop thief" - I saw Gawthorn running, followed closely by Bell and the witness Ware - I stopped him and took him to the station-house - he cried,"Stop thief," when I stopped him - he said, at the station-house, that he knew nothing about it, that he was merely pursuing - nobody was running before him, I am certain, for I met him.
Cross-examined by MR. JONES. Q. Do not you know Ware to be a reputed thief? A. I have every reason to believe he is one - I have heard of him - I never had him in custody - I never saw him in this Court, nor in custody; nor ever spoke to him before this transaction - he is brought here from prison to give evidence in this case - I believe he is remanded on a charge of felony - he was committed yesterday or the day before - I have never given Ware any thing for the information he gave me - I do not know that any one else has.
FERDINAND McKEE (police-serjeant H 4). On the night of the 3rd of May, about ten o'clock, I was in White Lion-street - I heard a cry of "Stop thief," in a direction from Spital-square - I went to the spot the voice came from, and met Westbrook running - I took him into custody - I caught him in my arms - he ran into my arms - he dropped this shawl, which I produce, from under his jacket - it was not thrown from his hand, I know - I took him to the station-house.
Cross-examined. Q. Were any other persons running at the same time? A. Nobody within a dozen yards of him, I swear - I saw him drop the shawl when I had hold of him, and I took it up - it was dark - he could not see me as I was in the dark - I know Ware now - I never saw him before, to my knowledge - nobody has paid him for his information, to my knowledge.
MARK MEADOWS (police-constable H 93). On Saturday, the 3rd of May, I was on duty in Spital-yard, between twelve and one o'clock, near the square - I saw this piece of glass lodged up against the wall - I picked it up, and, hearing of Bell's robbery, I took it to him, and asked if he knew any thing of it - he fitted it to his window - it exactly corresponded with the hole.
Cross-examined. Q. Did you see Ware that night? A. I did not, and did not know him.
WILLIAM HOLLAND (police-constable N 114). I was in the Kingsland-road, on the 3rd of May, and took a person, named Sully, into custody, but the bill against him has been thrown out - I took him on the information of Ware.
Cross-examined. Q. Did you know Ware before? A. I did; I have him in custody now, and had him here last sessions in custody - I took him into custody charged with attempting to steal a pair of trousers - he was admitted evidence against the Pickards, and gave evidence here, and he is now in custody on another charge; but I think it is a conspiracy myself; I think somebody now has conspired to get him into custody - I have seen Ware once since this - he has not been paid for giving information on this subject. to my knowledge; nor fed, nor clothed, by any body.
GEORGE LAWS (police-constable H 81). I received information, in consequence of which I apprehended Dolly - he was given into my custody on the Sunday - I took him to the station-house - I found two duplicates on him - one
THOMAS COMBS . I am shopman to Peter Pige, of Swan-street, Bethnal-green. I produce a shawl pawned at our shop by the prisoner, Sarah Baker - I have the counterpart of the duplicate - one of the duplicates produced corresponds with it - it was pawned for 6s. on Saturday night, the 3rd of May, after the gas was lighted, in the name of Ann Baker - she said it was her mother's, and she lived at No. 2, Church-street - I attended, when there was a charge against Dolly, at the office - at the door of the office I saw Sarah Baker - I told an officer, and she was taken into custody - it was between nine and eleven o'clock- our shop is nearly half a mile from the prosecutor's.
Baker. The pawnbroker did not ask me who sent me to pawn the shawl. Witness. I said, "Whose is this?" - she said, "Whose do you think? - it is my mother's" - I have known her three years.
JURY. Q. Is her mother likely to be possessed of such a shawl? A. They are working people, but respectable.
MR. BELL re-examined. This is my shawl - it is worth 30s., and is one of the two I lost that night (looking at the one produced by McKee) - this is my property - I have a private mark on each of them - I invariably attach a small ticket like this for the young men to know, and I attach another private mark which I can swear to - both have my private mark on them, by which I can swear to them - the robbery was between nine and ten o'clock.
Cross-examined. Q. Is the same private mark used by more than one linen-draper? for instance, I suppose you have been a shopman yourself before you were a master - have you taken for your own private mark any private mark used in that shop? A. No; my private mark was my father's, who has been out of business eighteen years - I never saw the same mark in the trade - it is, "God is my help," and there is a piece of thread besides drawn into the shawl, which I always take off when I sell an article, but my shopmen, I believe, do not - I do not always put the thread on - it is a private mark to prevent my shopmen robbing me.
HENRY WARE . I am the son of John Ware , who is a cabinet-maker, and lived in Ingram's-buildings, Willowwalk, but he has removed from there now - I have been the associate of thieves until recently, and concerned in several depredations - I was examined last sessions, and stated several robberies in which I was engaged - I was in custody as a witness, and am now in custody on a charge - on this night three weeks, as near as I can recollect, the three prisoners and another one were in Norton-falgate between seven and eight o'clock - I was on the opposite side, and saw a piece of glass shoved in - I saw the three prisoners and another lurking about - I watched them, and saw Westbrook go and shove the glass - they all three left it for about an hour, or rather better, and afterwards they came and stood under the gateway where I was standing, and looked at me - they went away for about an hour or rather better - I followed them to Sun-street - they came back - then Westbrook went and shoved the glass in more- that was between nine and ten o'clock, or half-past nine- the other prisoner who is not here took the glass out, and went round the corner with it leading to Spital-square - they all came and stood under the gateway - I heard the prisoner, not in custody, say, "We will strip the b - y shop before we leave it," and directly after Dolly and Sully, the one not in custody, crossed over, Sully took out a shawl, and gave it to Dolly, who went round the corner with it to Spital-square - afterwards Westbrook and Gawthorn went up to the window - Gawthorn took out another shawl, and gave it to Westbrook - I gave information immediately to Mr. Bell, and he ran after them.
Q. Have you received any assistance since you were here, or before, from the police to enable them to find out offences and prosecute parties? A. No; I have had no money from any policeman.
Cross-examined. Q. How old are you? A. Thirteen; I am not the associate of thieves now - I have reformed since last sessions - I was not committed for stealing a handkerchief, but for giving it to another boy - I was walking about on the evening in question on no business at all - I was living with my father at the time, he was supporting me - I never slept out a night hardly - I always slept at home - most always - I cannot say how many nights I have slept in Newgate - I have only been in Newgate as a prisoner once - that was two or three sessions ago, on suspicion of stealing a gold watch - I cannot say how long I was in Newgate for it - I think it was more than a week, not so long as a month, before I was tried and acquitted - I was regularly tried and acquitted - I was remanded to Clerkenwell about the watch - I have been kept in the House of Correction for evidence - I was never in the House of Correction on any charge, but for stealing the gold watch - I have been charged with felony twice, I believe - once besides this.
Q. How long were you the associate of thieves before you began to reform? A. Two years; I have got my living by working for my father - I did not leave home when I began thieving - I was thieving when I was living with my father - I worked for my father about two months, and then left him - I never left my father till I was in confinement - I was not employed by any one to watch the prisoners, or any other person - I have never been employed on similar errands - I have not been paid any thing by any body for the information I gave about the prisoners - I have lived with my father until the day before yesterday - I remember being a witness here against the Pickards.
Q. Do you remember, after that, saying, "Did I not do well to transport them all?" A. No; I said nothing of the kind - I have known Westbrook to sell baked potatoes - I do not know that he is a weaver - I was standing in a passage when I saw this business transacted - I was eight or nine yards from them, I should think - I saw distinctly which gave the shawl to the other - I should have gone over to give information, before they took the second shawl; but somebody belonging to them was standing in the passage.
Q. You have said, in your deposition, "When the shawl was given to Westbrook he put it into his apron?" A. I saw his apron up, and the shawl was half way out of the window, and I could not see exactly whether he put it under his apron - I swear he had a black apron on that night.
Q. Did you not say, when first examined, that he drop
Westbrook's Defence (written)."I had been out all day to look for work, and as I was passing through Norton-falgate, I heard the cry of "Stop thief." I incautiously run to see what it was, when I was taken into custody."
ELIZABETH WESTBROOK . I am a widow. The prisoner is my son - I have four more children - he lived with me in Turville-street, Church-street, Bethnal-green, in May last - he has worked at Mr. Jackson's, who makes things for the weavers - I remember his leaving home on the 3rd of May- he had not an apron on when he left my house, about two or three o'clock - I did not see him afterwards, till I was informed where he was.
WESTBROOK - GUILTY . Aged 16.
GAWTHORN - GUILTY .* Aged 16.
DOLLY - GUILTY .* Aged 19.
Transported for Fourteen Years .
BAKER - NOT GUILTY .
SAMUEL MARTIN. I live in Ruislip parish, near Rickmansworth, in Middlesex . I rent the house, and have no lodgers - on the 6th of May, about half-past five o'clock, I went to work, leaving my wife at home - I came home about seven o'clock in the evening, and the blankets were missing.
ELIZABETH MARTIN . I am the wife of Samuel Martin. On the afternoon of the 6th of May, I left my dwelling-house shut up - the door was locked and the windows down- I left the two blankets there - I left nobody in the house - I returned a little after five o'clock, and saw the sash pushed up - I unlocked the street door, and found a blanket gone off the bed up stairs - the house was in a disordered state - I gave an alarm, and found my blankets in possession of Birch - I am sure the window was down before - nobody could get in without opening it.
JOHN ALDAY . I am a labourer. In consequence of hearing of this robbery, I went in pursuit to Uxbridge, and at the Crown tap I saw the prisoner sitting on a bundle, containing two blankets, tied up in a handkerchief - it was about eight o'clock - I gave him into custody.
JOHN BIRCH . I am a constable at Uxbridge. I received the prisoner and blankets in charge - I said, "What is this bundle?" - he said, "They are the blankets I took out of the house - I did it for want, having had no victuals for some time, and I went into the house for victuals; not finding any, I took these, and wish to be transported."(Property produced and sworn to.)
GUILTY . Aged 18. - Confined One Year .
NEW COURT. - Saturday, May 17th.
First Middlesex Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 16. - Transported for Seven Years .
GUILTY . Aged 54. - Confined for One Month .
830. MARY PEARCE was indicted for stealing, on the 8th of May , 1 gown, value 4s.; 1 sheet, value 3s.; 1 waistcoat, value 3s.; the goods of James Roach ; 2 shoes, value 3s.; 1 waistcoat, value 1s.; the goods of John Shee ; 2 shoes, value 5s.; the goods of John Manley ; and 10 yards of printed cotton, value 6s., the goods of Eleanor McCarthy , to which she pleaded
GUILTY . Aged 26. - Transported for Seven Years .
GUILTY . Aged 25. - Confined for Three Months .
GUILTY . Aged 15. - Confined for Three Months .
833. ELIZABETH RING was indicted for stealing, on the 15th of May , 1 book, value 2s.; 2 pair of stockings, value 3s.; and 1 handkerchief, value 1s.; the goods of Henry Baker , her master , to which she pleaded
GUILTY . Aged 18. - Confined for Six Months .
JAMES WATTS DIAMOND . I am in the employ of a wholesale house, in St. Paul's Church-yard. On Saturday evening last, I was near Holborn - I felt a tug at my pocket - I turned, and saw the prisoner, who was endeavouring to get my handkerchief into his left hand trousers pocket - he ran off - I pursued him, and about the centre of Middle-row he threw down this handkerchief - I took it up, and still pursued - I did not lose sight of him till he was secured - this is my handkerchief.
Prisoner's Defence. I was running along, and kicked the handkerchief before me - I took it up, and put it into my pocket.
GUILTY . Aged 19. - Transported for Fourteen Years .
WILLIAM HAINING (police-constable D 66). In consequence of information, I went on the 2nd of May, about two o'clock in the morning, to the prisoners' house, No. 21, Charles-street, Lisson-grove - I found the prisoners in a back room on the ground floor with a man named Brewer - I asked if they knew any thing of some wet linen - they said they did not - I searched James Foley , and found
SARAH HENWOOD . I am the wife of Thomas Henwood; he is a porter . I had this wet linen in the area of my house, which is about a mile from the prisoner's house - these things were taken in the night, I believe - I hung them up on the 1st of May, and next morning I missed them - I know nothing of the prisoners - these are my property.
James Foley's Defence. I took the things in from Daniel Brewer, who is a returned transport. I put them into the box - Brewer said he would take them away in the morning - he went and told the officer they were there.
Transported for Seven Years .
836. CATHERINE CLARE was indicted for stealing, on the 30th of April , 1 china dish, value 1s.; 2 cups, value 6d.; 1 saucer, value 3d.; 1 plate, value 1s.; 1 basin, value 3d.; 1 pan, value 2s.; 1 glass dish, value 2s.; 4 wine glasses, value 4s.; 1 butter-pot, value 1s.; and 2 flounces, value 2s.; the goods of William Joy , her master .
MARY JOY . I am wife of William Joy . I live in Park-street, Grosvenor-square - the prisoner was my cook for about a fortnight - I had given her notice to quit - on the 30th of April I returned home, and found my sister had dismissed her, and she had taken one of her boxes - the prisoner afterwards sent for her remaining box - I refused to let it go - she then came herself for her wages, and I accused her of having stolen a part of my property - I went with the policeman to where she lodged - I found a dish which belonged to my dinner set, and a glass basin that belonged to a French dressing commode, also two cups and a saucer on the mantel-shelf.
Cross-examined by MR. PHILLIPS. Q. How do you know it was her apartment? A. The boy that came for her other trunk said so - I had no quarrel with her about any dripping - I do not keep a lodging-house - I take in boarders - I had three servants.
ANN REDMAN . I am sister to Mrs. Joy. I reside with her, and superintend her house - the prisoner had been there a fortnight - she was hired by the year - on the 30th of April she was washing her dishes, and I saw some flounces below her gown - in consequence of that, I told her she should go immediately - she had before had notice to leave on the Saturday following - she took away one box, and when she came back my sister sent for the officer - there were two wine glasses in the box which the prisoner left at our house.
Cross-examined. Q. Did you have any quarrel with her about not making soup for twenty-four people out of a shin of beef? A. No; we found fault with her cooking generally.
SAMSON DARKIN CAMPBELL (police-serjeant E 14). I was sent for, and asked the prisoner where she had sent the box which I understood had gone away - she said she did not know exactly, but it was gone to a house in Smart's-buildings, Drury-lane - that the people were quite strangers to her, but she took the things to the top of the stairs, and left them there, as she saw no one - I asked her if she would go with me - she hesitated, and then said she would - I went to the house, and a woman came out and said to her, "Ah, Kitty, is that you?" - I turned to the prisoner and said, "I understood the people were total strangers to you" - the woman said, "Oh, no, she has lodged here, and she has been here several times lately" - the prosecutrix saw these articles there, and said they were hers.
Cross-examined. Q. These were loose about the room? A. Some were in a closet, and some on the mantel-piece.
MRS. JOY. These are my property.
MRS. BURT. I live in the house where these things were found. My husband is a porter - this butter-pot lid is mine, I told the prosecutrix so when she came and took it.
MRS. M'GARTHY. The wine glass and tumbler are mine - they were taken from my house by the prosecutrix, and she wanted to take some soup plates which I brought from America, and a fruit basket of mine - this glass was my mother's, and I set store by it.(Elizabeth Salter, Charles Salter, John Savage , a tailor, High-street, St. Marylebone, Catherine Savage, and Mary Cotter, gave the prisoner a good character.)
GUILTY. Aged 40. - Recommended to mercy .
Confined Six Months .
JOHN CARPENTER . I am a smith . On the morning of the 25th of April, the prisoner overtook me in Grosvenor-place - she introduced herself to me, and asked me to give her something to drink - I told her I would - I had been drinking, but knew what I was about - we went into the Feathers in Grosvenor-place - we had a quartern of rum - I then accompained her to her house at Westminster - I went up one pair of stairs - she asked what I was going to give her - I asked what she wanted - she said 4s., which I gave her - I was in the room about an hour and a half - I pulled off my jacket and waistcoat, and laid on the bed with her - I fell asleep, and about a quarter-past one in the morning, the woman of the house awoke me, and asked if I knew the young woman who went out - I said "No" - she said she had been gone half an hour - I then missed my jacket and waistcoat, and the money stated, out of my trousers pocket - I went and gave information - the house was searched, but nothing was found - I fell in with the prisoner about a fortnight afterwards near the same spot - I asked her if she did not know me - she denied all knowledge of me - I am quite sure she is the woman - I have not seen my property.
MARY JOY . My husband is in the Guards. I lodge in the house - the prisoner and prosecutor came together - I had not seen the prisoner before, but I know she is the woman - she asked if they could have a bed for the night - I lighted them up stairs, and I had a shilling for the bed - she said, "We are differently situated now to what we were when he went to sea, "and she said "He cannot stop all night, but I shall" - she came down in about an hour, and said she wanted a plate to go to a cook shop - I gave her my landlady's plate - I said it was too late, but she said she could get it - she went out and never returned - I then went to the prosecutor, who missed his property.
THOMAS SIMPSON (police-constable B 78). Last Thursday night week, I was on duty in Grosvenor-place, and the prosecutor gave the prisoner into custody for robbing him - she admitted having been with him in Grosvenor-place, but denied going to any house with him.
Prisoner's Defence. I never went to any house with him but the public-house - I was told of this the second night, but I said I should not abscond - I stayed for a fortnight afterwards - the officer knows that I never gave him any trouble.
GUILTY . Aged 23. - Transported for Seven Years .
DAVID WORRALL . I keep a soup-house in Whitechapel . The prisoner was in my service nearly two months - in consequence of information I marked some coppers, and put them into the drawer of my bureau on the Saturday, and on the Sunday morning I sent for the policeman, who took the prisoner.
Prisoner. The waiter gave me some money.
Prisoner. Did not I quarrel with you on the Monday before, and you told me you would do for me before many days were over my head? A. You were always quarrelling, but I did not tell you that - you asked me to give you a sixpence for sixpenny-worth of coppers, and I gave the halfpence to my master.
MR. WORRALL. This penny is one I had marked.
JURY. Q. Could the waiter have gone into the room as well as the prisoner? A. I never allowed him to do it, but he might - I gave the key to the prisoner.
RICHARD HALL . I am a shoemaker. I have known the prisoner three or four months - there was great animosity between her and the waiter - I have written down on this paper some expressions he made use of (reads): - "My Lord and Gentlemen of the Jury, I, Richard Hall, have come forward in behalf of the prisoner at the bar, Sarah Barker, to state to your Lordship the following words I have heard spoken by the young man-servant to Mr. Worrall, that he thought he was going to leave his situation. I asked him what for? - he said, 'Through that b-y b-h Sall, but he would do for her.' About a fortnight afterwards I went to Mr. Worrall's, and the waiter told me he had good news, yet very bad. I asked him what it was - he told me, that b-y b-h had been robbing her master, and he was very sorry it had happened."
RICHARD HALL . I had a pair of stays to sell, and I wanted her to buy them, but she said it did not lay in her power then; but probably it would in a week or two - I have had no communication with her in prison - I knew Bagley had a spite against her, and I did not go to the house for a fortnight, in consequence of it - I told Mr. Worrall last night what Bagley had said, but I did not before - this paper was written for me by a young man in Philpot-lane, as I knew this was a prejudiced case against this young woman - I asked Bagley since she has been in prison to purchase the stays for her - he said he would not for any such a b - h.
MARIA ROOK . My husband is a ladies' shoemaker. The prisoner is my sister - I have bought clothes for her since she has been at Mr. Worrall's - I have sent her half-pence from time to time - I do not know that I have sent her marked money.
NOT GUILTY .
PHILIP HILLS . I am servant to William Hawksbee and another - they live in Broad-street, St. Giles's . On the 19th of April, I was told something - I followed the prisoner across the road - he was carrying this ham which is my master's - I secured him.
Prisoner's Defence. It was distress drove me to it.
GUILTY . Aged 20. - Transported for Seven Years .
840. JAMES STOCKMAN was indicted for stealing, on the 25th of April , 6 shirts, value 4l.; 1 shift, value 1s.; 3 towels, value 6d.; 2 petticoats, value 2s.; 1 pinafore, value 2d.; 2 aprons, value 6d.; and one scarfe, value 1s. 6d. ; the goods of John Broad .
ROBERT NASH (police-constable D 116). On the 25th of April, I was at the corner of Montague-square, and met the prisoner about half-past one o'clock, running and carrying a bundle - I stopped him and asked what he had got - he said, Nothing, only a bit or two of bacon, which was given him at Paddington - I found it was this property, and took him to the station-house - I knew him before.
MARY BROAD . I am wife of John Broad . I take in washing, and live in Wyndham Mews, Bryanston-square , this shift is mine, and has my name on it - the others are things I had to wash - they had been in a room over the stable - I think the person must have got up a ladder, and got them - they were safe at twelve o'clock when I went to bed.
Prisoner's Defence. I was in liquor, and met a young
GUILTY . Aged 20. - Transported for Seven Years .
JOHN SYKES . I am a flock-manufacturer . I have known the prisoner three months - he has been a pot boy - I met him in Mile-end-road, on the 18th of April, between nine and ten o'clock - we spoke to each other, and went to a public-house - he then proposed to go to the west end of the town - we went into several public-houses on the road, and drank at each - I certainly got very drunk - the last time I remember seeing the prisoner was with a cab-driver, and there was some difference between them - I had a pocket-book containing four 10l. notes and four or five sovereigns in my breeches pocket - the last time I knew I had the money safe was at eight o'clock in the morning - I parted with the prisoner between ten and eleven o'clock at night - I live at No. 64, Silver-street, Stepney - I was in treaty for a small steam engine, and expected to have paid part of this money the next day - I missed three sovereigns and my notes - I had received them in Yorkshire - I did not give the prisoner my pocket-book nor any money - I had changed one 10l. note on the Thursday, and had four remaining - I saw my pocket-book again on the Saturday morning in the officer's possession.
JOHN DEAN (police-serjeant C 14). On Friday, the 18th of April, I was on duty in Burlington-gardens, between three and four o'clock, and saw the prisoner coming towards me - he was very much in liquor - I saw this pocket-book nearly out of his pocket - I took him to the station-house, and said, "Perhaps you may have money about you" - he said he had not; but he afterwards said he had, but it was his own - the pocket-book was then empty, but in his breeches pocket I found three £10 and one £5 notes, three sovereigns, three half-sovereigns, and some silver, amounting in the whole to 40l. 19s. 01/4d. - he was drunk, but could answer any questions which were put to him - I took him to the magistrate the next morning, and on the way, I asked him what money it was I found on him - he said it was his own; and was left him by a deceased relation, and had been paid him the day before by an uncle from Buckinghamshire - he told the magistrate the same, and said it was his grandfather who was dead - I then charged him with stealing it, and found the prosecutor - he told me the numbers of the notes.
Prisoner. He states that he found the prosecutor; but I told the gaoler who the prosecutor was, where he lived, and how he became possessed of the property; and accordingly the officer was sent down to No. 64, Silver-street, Stepney.
THOMAS GREEN . I drive a cab. I was called on that Friday, from Holborn-hill, to take up at Thompson and Fearon's - I found the prosecutor and the prisoner there - the prisoner ordered me to drive to Maddox-street; but in going along Oxford-street, he said, "Pull up here, and we will have something to drink" - I pulled up and he ordered a pint of ale - the prisoner put his hand into the prosecutor's pocket, and gave the boy a sovereign to pay for the ale - the boy brought it back, and said his master could not give change - the prisoner put it into his own pocket, and we went on to the place of destination - the prisoner then gave me half-a-crown to pay for the cab, and I gave him 6d. out - I then said, "Before I leave you, give the man his sovereign" - he said, "No; I shall not: he is my brother" - I called a policeman, but he would not take him - I then called a young man, and told him to take notice of my number, and, in a few days, I had a summons - the prosecutor was drunk, but the prisoner was little the worse for liquor.
JOHN SYKES. This has the appearance of my pocketbook, but it has no mark in it - this is a memorandum of the numbers of the notes - I had No. 18,934, dated the 9th of May, 1833; 6427, dated the 23rd of March, 1833; 4490, dated the 8th of May, 1833 - these are the notes.
Prisoner's Defence. I was with him the greater part of the Thursday - we got drinking with one another, and got tipsy - I left him at a quarter before twelve o'clock that night - the next day, I met him in the road - he asked me to give him something to drink; and we went and had two quarterns of rum - we then went on to Aldgate, and got into an omnibus - he gave the conductor a sovereign - he said he could not give change - I gave the shilling - the prosecutor then said, "We will have something to drink, and get change;" and we went to a house, but could not get change - we then went to Thompson and Fearon's, and he proposed having a cab - we went and had some ale at the corner of Poland-street, and he gave me a sovereign to get change - I did not take it out of his pocket - when the cab was discharged there was a bit of a stir about the sovereign, but the policeman would not take me - we went to another public-house, and both fell asleep - when we awoke, he sent me out for a cab; and as I was going past him, I picked up this pocket-book - I said, "You see what you have dropped; and as we have both been together, I think it would be best for me to take care of it till the morning" - I then went to get a cab, and met a friend who gave me something to drink - I lost my senses altogether, and was taken - the officer told me the best way would be to say the money was my own, which I did; but I afterwards told the gaoler who it belonged to.
GUILTY . Aged 28. - Transported for Seven Years .
842. ANN BROWN was indicted for stealing, on the 15th of April , 4 pieces of lace, containing ten yards, value 3l.; 1 tea-caddy, value 30s.; 2 boxes, value 20s.; 1 piece of foreign gold coin, value 5s.; 1 garnet, value 5s.; 1 pair of boots, value 2s.; 1 fan, value 3s.; 1 night gown, value 2s.; 1 bottle, value 6d.; 15 liquor glasses, value 11s.; 2 pieces of muslin, value 2s.; 3 pieces of silk, containing four yards, value 10s.; 4 pieces of damask, containing five yards, value 16s.; 3 China groups, value 1l.; 6 strings of beads, value 2s.; 4 pieces of needle-work, value 2s.; 4 maps, value 5s.; 2 knives, value 1s.; and 2 forks, value 1s., the goods of David Aaron Reubens , her master .
DAVID AARON REUBENS . I am a dealer in antique furniture , and live in Old Compton-street, Soho . The prisoner was my servant of all work - from the 1st of January to the 15th of April, I missed a number of articles, and on
Cross-examined by MR. PHILLIPS. Q. Was the policeman there when she opened her cloak? A. No; only the prisoner and I - she prayed of me to let her go, and said she should like me to go up stairs alone - that was after I had told her it would be better for her to tell me.
CHARLES WILKINSON (police-constable C 106). I was sent for, and found the prisoner there with a lady, who was questioning her about the things she had lost - I went into the loft and found this property - I did not see the lace found.(Property produced and sworn to.)
Prisoner's Defence. The lace fell out of the drawer, and he picked it up off the floor - I heard him say, "If she won't confess where the things are, I will attempt to transport her somehow."(Mrs. Webster, of Poland-street, the prisoner's former mistress, gave her a good character.)
GUILTY. Aged 20. - Recommended to mercy .
Confined Six Months .
RICHARD STOPFORD TAYLOR. I am a pupil at the Veterinary College . This is my coat - I lost it about the 11th of March - I had given the prisoner leave to sleep in my parlour, and in a few days I missed the coat - the prisoner afterwards went out of town - on Friday week last I accused him of it, and said if he did not bring it, I would give him in charge.
Cross-examined by MR. PHILLIPS. Q. Have you been great friends with the other pupils in the college? A. I have only been there once since this happened - I have only been sent to Coventry by his gang - his pot drinkers - I lost this coat from my lodging, at No. 61, College-street, West - the prisoner was a little fresh when I left him between three and four o'clock in the morning - I had a few friends there - I invited the prisoner there, but I did not know his character - I ordered a gallon of half-and-half, and a pint of gin - there was not a quarter of it drank, they took the rest away - the prisoner was drunk, and I let him sleep there - I had lent him the coat for three weeks at one time before this - I did not tell Nixon that the prisoner might wear my coat as long as he liked, as I had got another, and did not want it - the prisoner gave me a pair of snuffers, which he said he found at my lodgings, and I took them back - they were not mine - I believe in the Bible - I have never kneeled down and mocked it, in the presence of Mr. Pope and Mr. Curtis - I never made any bet on the event of this trial, nor offered to bet that I would transport the prisoner. NOT GUILTY .
ANN ALLEN . I am the wife of Joseph Allen , a laceman , who lives in Norton-falgate . On the 7th of May, the prisoner and another girl came into the shop to match a piece of edging which the prisoner had in her hand - I got down two boxes, but had none to match it - they then bought three yards at twopence half-penny a yard - I then saw the prisoner hand a piece of edging to the other girl, who was sitting in a chair - they then said they would come again for some quilling, and were going away, but I went to the other one and said, "What have you got?" - she said,"Nothing" - I took hold of her, and this edging dropped from her - I sent for an officer, and gave charge of them - this is the edging, it cost twopence half-penny a yard.
Prisoner's Defence. I did not give it her, nor did I know she had it.
GUILTY. Aged 18. - Recommended to mercy . - Confined for Three Months .
ROBERT MAIN. I am a widower, and was left with five children - the prisoner came from the workhouse to mind my children - I was obliged to trust her with the concerns of my house - on the 15th of April I went home, and my children were crying - they said that nurse was up stairs tipsy - I got her down, and she gave me three duplicates.
Prisoner's Defence. They were so distressed for bread, that I pawned the articles for them - he came home that night - I was so weary that I laid down - I do not say but I had had a couple of glasses of gin.
GUILTY . Aged 63. - Confined for Three Months .
THOMAS RUSH . I live in Essex-street. On the 23rd of April, between six and seven o'clock in the evening, I saw the two prisoners near the prosecutor's door, in Kingsland-road - I am sure they are the persons - I had known Goodge before - I saw him take the pistols which were hanging just inside the door - he gave them to Dupree, who put them into his apron and ran away.
PRISCILLA BARTLETT . I live in Essex-street. I was sitting about five yards from the prosecutor's shop, and saw the prisoners go by - in a moment or two I saw Dupree run by with the pistols in his lap - I did not see who took them.
EDWARD ALLPORT . I am apprentice to Mr. William John Huetson . On the 23rd of April, about twenty minutes to seven o'clock, a gentleman came and told me of this - I then missed the pistols which I had seen safe a quarter of an hour before - they have never been found.
GEORGE KEMP (police-constable N 82). I saw the prisoners together a few days after this robbery - I took Goodge, but Dupree made his escape.
Goodge. I never took the pistols.
GOODGE - GUILTY . Aged 19.
DUPREE - GUILTY . Aged 19.
Transported for Seven Years .
CHARLES MILLS . I am brother of John Mills , he lives in Oxford-street . On the evening of the 9th of May, I was told by a woman that some boy s were stealing some trousers - I ran to the door, and saw the prisoner take one pair from the door, and give them to another boy, who went off - I caught the prisoner, but could not take the other.
GUILTY . Aged 20. - Transported for Seven Years .
THOMAS WORNELL . I am a hosier , and live in Oxford-street . This shirt is mine - it was missed on the Friday evening - it was safe at six o'clock, and found in the prisoner's hat about half-past nine o'clock.
Prisoner's Defence. I picked the shirt up, rolled up in a bit of paper - I was going by the shop, and was taken.
GUILTY . Aged 20. - Transported for Seven Years more .
Third London Jury, before Mr. Sergeant Arabin.
SAMUEL SMEETON . I am a wholesale butcher , and live in Newgate-market - on the 14th of May, some sheep were killed in my slaughter-house by the prisoner - he has been six months in my employ - he slaughtered and dressed the sheep - I saw him come out of the slaughter-house about half-past five o'clock in the evening - he went to Mr. Treacher's, who keeps a fat shop - I followed him, and saw twenty-four pounds of fat which had just been put into the scale - it was quite warm - I am sure it was mine.
Cross-examined by MR. BODKIN. Q. Was it suet? A. No; it is called fat in sheep, but suet in cattle - I never desired the prisoner to take fat to that place - Mr. Marshall in Holborn has my fat - there were two more at work with the prisoner, but they did not go to Treacher's - he went alone.(Mr. Pether, and Mr. Smith, carcase butchers, gave the prisoner a good character.)
GUILTY. Aged 38. - Recommended to mercy . - Confined for Three Months .
850. HENRY CHARLES KIRKWOOD was indicted for stealing, on the 1st of January , 1 printed book, value 4l.; 1 account-book, value 3s.; 1 milk-pot, value 4s.; and 1 table-cloth, value 5s. ; the goods of Valentine Messoleana Santos .
SUSANNAH SANTOS. I am wife of Valentine Messoleana Santos; we live at No. 49, Gun-street . The prisoner came to lodge in our house about three months before Christmas; he left on New Year's Day - he hired the lodging weekly - he did not give notice that he would leave on the 1st of January - there was about two months rent due - he had agreed to pay nine shillings a week, but he said he would give me ten shillings, as he was rather more trouble than I expected - I missed a Bible, an account-book, a milk-pot, and a table-cloth, the morning after the prisoner was gone - they had been in his room - he hired them - I did not see them again till Wednesday last.
Cross-examined by MR. CLARKSON. Q. Before whom did you go to make your complaint? A. Before Sir Peter Laurie , twice - I do not know that it was treated at first as a case of unlawfully pawning - I found the Bible by means of this letter, which the prisoner sent to his wife, to send me the articles home that he might make his escape - it was in his wife's reticule which was dropped at the station-house - he lived with his wife at my lodging, but she is a very bad wife - she said she pawned the table-cloth - I went to the pawnbroker's, and saw it - I never speculated upon settling this matter for money, instead of treating it as a felony - I swear that solemnly - I did not say when I took the prisoner that all I wanted was, to be settled with for my rent, and the return of the articles - I told his wife the money would be of more service to me than to hurt any one - I did not desire her to get me the money - she said she would - I got 20s. of her - I did not mention that to the magistrate - she did not say any thing about any more - I went to one place with her to endeavour to get money, but we did not get any - she got a sovereign, and I received 20s. from her in about three hours after.
Q. Did you go before the magistrate till after you got that money? A. No; but she had had the sovereign of me - she wanted to borrow 5s. of me, and I lent her a sovereign - I went to another place with her, but I did not go in - I wanted to pay my rent - she had two or three pounds at a time of me.
WILLIAM MUGGERIDGE . I am in the service of Mr. Barker, a pawnbroker, in Houndsditch. I have a Bible pawned for 1l.; an account-book for 3s.; a glass milk-pot, and a table-cloth - the milk-pot and account-book were pawned by the prisoner.
GEORGE CRAWLEY (City police-constable No. 61). I went to take the prisoner on Monday last - he made his escape through the window - I lost him till Tuesday, when I received information he was at No. 5, Coldbath-fields - I went there, but he got into No. 6 - I found him behind the door - he said he would walk quietly, but I got a hackney coach - I found in the bag this letter addressed to his wife.
Cross-examined. Q. Did the prosecutrix tell you she had received 1l.? A. She had not received it then - I believe her husband is abroad.
Cross-examined. Q. Do you know whether your husband is alive? A. I hope he is alive and well - I had a letter from him a fortnight ago - he was then in Lisbon.
COURT. Q. How much all together does the prisoner owe you? A. 20l.
Prisoner's Defence. In consequence of having no friends in town, as my father died the night before last, I can only produce documents to my character since I was in his Majesty's service in 1810. I was then in the Mediterranean with Lord Exmouth. I was in three or four actions during the war; and in 1823 I received a medallion from the king of Portugal. I then entered the Greek service, and came home in 1829. I then married Miss Biggs, and understood her father was to give me some property; but I found he was a bankrupt. I made great exertion to get into a situation, but without effect. I did not intend to rob the prosecutor, and I wrote that letter to say that directly it was in my power, I would pay her that, and every thing belonging to her.
GUILTY . Aged 31. - Transported for Seven Years .
Fourth Middlesex Jury, before Mr. Sergeant Arabin.
BENJAMIN COLLINS (police-constable G 217). I saw the prisoner pass me with something under her arms - I asked what she had got - she said, "Some meat" - she was quite tipsy - she threw it down, and I took it up, and took her to the shop.(The Prisoner put in a written Defence, stating that she had purchased the meat of a woman in the street.)
GUILTY . Aged 46. - Confined Six Weeks .
JOHN JAMES . I am a tailor . I was in the Coach and Horses public-house, in Carnaby-market , on the 27th of April, at past ten at night - I found the prisoner there with three or four other persons - I had a brass box with me, which contained four half-crowns and three shillings - the prisoner and the others began tossing for beer, and asked if I would toss - I said, "No" - they had two or three pots of beer, and drank it, and we had some gin - they then said,"We will be 21/2d. apiece for a pint of gin" - I threw down 21/2d. - we then went into the bed-room, and the prisoner said we had better have some beer there - I gave 2d. out towards some beer - I then missed a shilling, and told the prisoner he had got it - he said if he had, it was in his hand - he looked in his hand and found a shilling - he gave it me - another man there said it was his - the other man said they would search us both - they searched the other man and found nothing on him - they were then going to search me - I took out my box - the prisoner took it, opened it, and said, "Here is the rogue - here is about sixteen shillings worth of silver" - I asked him for my money and box - he said I should have it in a minute or two - I tried to get it of him, but could not - I then went down and knocked at the landlord's door - he said, "Who is there?" - I said, I was a stranger come to lodge there, and had been robbed - he told me to go to bed, I should not go out - I said I would - he called up stairs for a light - he then took me by the collar and turned me into the street, and called the policeman, who took me to the station-house - they there told me to go and find the prisoner - I was going back and met him - I gave him in charge, and he was taken to the station-house - the policeman found my box on him.
HENRY LOWMAN (police-officer). I was on duty in Silver-street, on the 27th of April, between three and four in the morning - I saw the prosecutor, who said the prisoner had robbed him of a box and some money - I took him to the station-house - on the way, he said he had no box, nor yet money of the prosecutor's - at the station-house he took out two boxes, and said, "Is either of these it?" - the prosecutor said, "No" - I then searched him, and found two more boxes, one of which is the prosecutor's - I found three half-crowns and four shillings and sixpence in his trousers pocket - he admitted, next morning, that it was the prosecutor's money, and he had taken it out of a lark, and should have returned it to him next morning.
GUILTY . Aged 23. - Confined Three Months .
ROGER SEACOMB . I live in Long-lane. This saddle was brought to me on the 26th of April, by the prisoner - he offered it for sale - he said it belonged to his uncle, who lived in Old-street - I went there with him; but he would not take me to any place there - he then took me to a house in the New North-road; but there was no such person as he described - I gave him in charge.
Prisoner's Defence. I found it in Black Horse-fields, Kingsland-road.
GUILTY . Aged 13. - Whipped and Discharged.
Fifth Middlesex Jury, before Mr. Common Sergeant.
WILLIAM PRIOR . I am carter to Mr. Isaac Ratford, of Bow . I was at his stable on the night before the 23rd of April - I left the window up to give the horses air - there might be just room for a man to get in - I left these housings there all safe, about eight o'clock - when I went in the morning, I missed them - these are the housings.
JAMES STILL (police-constable N 35). I was on duty, on the morning of the 23rd of April, in Old Ford-road - I saw the prisoner coming from Bow with these articles under his arm - I asked what they were - he said some housings, belonging to his master, Mr. Adman, who was a nightman, and lived near the King's Head, Kingsland-road; and he had brought them from Mr. Munday's, at Stratford - I
GUILTY . Aged 22. - Confined for One Year .
ELIZABETH BROWN . I am the wife of John Brown: we live in the Commercial-road . I hung these articles in my garden to dry, on the 30th of April, about four o'clock in the afternoon - the shirt is my son-in-law's - the six towels are my husband's.
ELIZABETH FERGUSON . I live with a young woman in Three Compass-court, Shadwell: several young men used to come there. On the 30th of April, in the evening, the prisoners and two other young men came there together; and these towels were brought in by some of them, but I cannot say by whom - one of them told me to pawn them, but I cannot recollect who - I pawned them the next morning for 3s. 6d. - I bought some things with part of the money - there was about 2s. 1d. left, which I gave to Flint.
CURRIE - GUILTY . Aged 18.
FLINT - GUILTY . Aged 20.
Transported for Seven Years .
WILLIAM FROST . I lodge at the Robin Hood public-house: the prisoner slept in the same bed with me. On the morning of the 7th of May, I saw him out of bed between three and four o'clock - I remarked that it was rather early - he said, yes; but he was going to Newgate-market - I sat up and looked for my clothes, which I had left on the bed, and which were not there then - I found them by the bed side - I took up my trousers, and felt in them for a crown-piece, two shillings, and some half-pence, which I knew I had left in the pocket - they were all safe - I put them down again, and the prisoner went out of the room - I laid down, and in a few minutes he came into the room again - I suppose he thought I was asleep - I saw him take my trousers, and he was pushing up the pocket to get the money out - he went down - I jumped up and ran after him - I said, "Halloo" - he said, "Halloo," and came up into the bed-room again - I came up with him - I shut the door, and challenged him with having my crown-piece - he said he had not - I said he had - I got my clothes on, and locked the door of the room while I went out for a policeman - I saw a bricklayer's labourer, and sent him for a policeman - in about two minutes the policeman came; and, as we went up stairs, I heard the prisoner jump out of the window, which is on the first-floor - I opened the door, and he was not in the room - the window looked into some stable yards.
Prisoner. Q. When you left the room, where did you go? A. To the front door. I did not go into the club-room - I put my foot into the room to let you pass me on the stairs.
HENRY LOWMAN (police-constable C 60). I was called by the prosecutor, and saw him and another policeman opposite the public-house. I searched for nearly two hours, and found the prisoner concealed behind two coaches, on the foot-board - it was then about five minutes before six - I said, "I have got you at last," and was going to take hold of him - he said,"I will come; I was a d-d fool to run away - I should not, if he had not threatened to murder me with the poker" I found two shillings and some half-pence in his pocket, and forty-two duplicates.
JOHN BALDWIN (police-constable C 103). I locked the prisoner up. I asked what he had done with the money - he said he had put it behind a piece of wood in the yard - I went and found this crown-piece.
Prisoner. Q. Did you not tell me if I confessed where the money was, there would be no prosecution? A. No; I did not.
GUILTY . Aged 25. - Transported for Seven Years .
857. SARAH MARY HAIGH was indicted for stealing, on the 1st of February , 1 watch, value 2l.; 1 coalscuttle, value 17s.; 1 tea-pot, value, 4s.; 4 table-cloths, value 10s.; 2 sheets, value 8s.; and 1 spoon, value 12s. ; the goods of Ann Hart .
ANN HART. I live at No. 26, White-horse-street, Ratcliffe . The prisoner lodged with me from the latter end of September till the 8th or 9th of April - she had my front parlour - I gave her notice to quit, but I could not get rid of her for some weeks - I missed a coal-scuttle, a gilt watch, a table-spoon, a metal tea-pot, a pair of sheets, and four table-cloths - Mrs. Carter came and told me something, and I had the prisoner taken up - I had had her taken up about six weeks before, but she was released - I received six duplicates from Mrs. Carter - I went with them to Mr. Williams, the pawnbroker, and was foolish enough to take two table-cloths out of pawn - they were mine - the officer has them - at Mr. Walker's I saw a pair of sheets, a coal-scuttle, a metal tea-pot, and two more table-cloths, which were mine, I have no doubt - the prisoner had the use of the scuttle, and I had seen it about two months before - I took the duplicates to the pawnbroker's, but my son, I believe, had the duplicates of what was mine.
Cross-examined by MR. PHILLIPS. Q. Are you married? A. No; I have been. I have three daughters grown up - there was a gentleman lodged in my house - I am not aware that he became attached to the prisoner - I do not know that I hoped he would become attached to one of my daughters - I never was asked any thing about it - I have some money in the Bank, but very little, and two of my daughters have some - I never mentioned that to the lodgers, nor to the prisoner - I do not know how she found it out - the lodger is gone to America now - he did not tell me he was going there.
Q. How did you know that he was going there? A. He said so to the whole firm of the house - I am mistress of the house - I meant myself as one of the firm.
Q. Then if he told the whole firm, and among the whole firm yourself, he told you that he was going to America? A. Yes. I can give no reason why I said he did not.
COURT. Q. What do you mean by the whole firm? A. My daughters and myself.
Q. What did she complain of losing before Mr. Marshall left? A. I do not know of any thing beside the comb before Mr. Marshall left - I do not wish to swear it - she said the comb she lost was a tortoise-shell comb - I think it was a comb to keep the hair up - I have my doubts whether she lost it - my daughters are not here.
Q. Did the prisoner ever challenge any one with wearing the comb that she said she had lost? A. Yes; my daughter Maria. I forgot that - it is not a common thing to happen to my daughter, but I forgot that she charged my daughter with stealing it; and I forgot that she said she had lost it.
Q. Did she complain of losing any thing else before Mr. Marshall left? A. She might, but I do not know that she did - I cannot swear she did not - I believe she complained of something, but I forgot what - I do not know that she charged any one with stealing it.
Q. Did she not complain of losing a card-case? A. Yes; she charged that it was stolen in the house - she did not insist that the carpet should be taken up - I forgot that she had complained of losing a card-case when you asked me - it was to me that she complained of losing it - I do not know that I asked her any question as to who was in the room - I do not recollect that I asked who was the last person in the room, nor that she told me my daughter Maria was the last person - I do not know that I said there something very mysterious in all this - it was after she had accused my daughter Maria of stealing the comb that she said Maria was the last person in the room - I think she did say that Maria had been in the room last, but I cannot be certain - I do not know whether it was after or before she accused her of stealing the comb.
Q. Who did you take the prisoner before in the first instance? A. I do not know - it was at Lambeth-street - I believe I charged her there with stealing a gilt watch - I am sure it was a gilt watch, a table-spoon, a pair of sheets, three table-cloths, a coal-scuttle, and tea-pot, all of which I swore she stole - the watch was left me by my father - I never told the prisoner that my daughter, Maria, stole that watch, and that she need not worry herself about it - I stated to the magistrate that the prisoner stole all these things, but he discharged her once - I do not think she was up but twice - I have known Mrs. Carter since last Sunday week (I think it was) when she came and brought me the duplicates - the prisoner had a few things - she had a comb.
Q. Was not the carpet taken up to look for the cardcase? A. No - I did not believe her when she said my daughter Maria had been the last person in the room - there were so many people in and out - I do not know whether she did say that my daughter had been in the room - it is a long while ago - there was a bed in the prisoner's room - I have been in the room, but I never saw the bed down - she had no linen of me - she said she had sheets of her own - I never saw any of her sheets - she complained of losing sheets when she went away - I forgot that - my memory is rather bad - I forgot the comb, the card-case, and the sheets - my sheets were marked G. A. P., but it is picked out - there is no mark on them now, nor was there at the police-office - I know they are mine, because I have others like them - I missed the watch about Christmas - I searched for it - I did not apply to any office, nor call in any officer - I suspected it was stolen, but I did not suspect any one in the house - I then missed the sheets - I searched for them, but did not call in any officer, though I thought they were stolen - I next missed the table-spoon - there was nothing remarkable happened in my family the week I lost my watch - my daughters lived with me - some of them slept out - Maria did not sleep out - she did not leave my house and go away; I did not say, I wondered where she got the money - she slept in my house every night after I missed the watch.
Q. Do you not remember letting her in one night? A. No, Sir; I never kept her out - I do not think she is at home now - she went out with a friend this morning - I do not know that my other daughters may be at home - Maria never slept out at night - I remember the prisoner being out late one night - I did not tell her if Maria knocked not to let her in - my daughter never stayed out a night in her life - I do not remember what the prisoner was out late one night for.
Q. She did not tell you it was to go on board a ship to see Marshall? A. Oh, yes, Sir; I had no notion that there was a sneaking affection between them - on his side I am sure there was not - the prisoner did go to see him on board the ship - she returned at night - I do not know who let her in - Maria was at home - she never sleeps out - it might be ten or eleven o'clock when the prisoner came in - I do not think it was so late as twelve o'clock - I asked her where she had been staying so long - she said she had been on board ship to take leave of Marshall.
Q. Do you know who brought the message to her from the ship? A. No; I have only one son - he is now here - I do not know that my son brought the message to her to go on board the ship, to see Marshall before he sailed - I will not swear positively whether my son told me he brought a message from Marshall for her to go on board to see him - I will not swear he did not - I do not recollect it - he might have told me and I forget it.
Q. Upon your solemn oath is not this whole business the result of a base conspiracy - now, before God and man, answer it? A. No, it is not.
COURT. Q. Where is Maria? A. She is gone out into the City with a friend.
MR. PHILLIPS. Q. Who is the friend? A. I do not know - I do not know where the house is - I have not kept her back on purpose - I think I heard her say the place was in the City - I never heard the name of the friend, nor the house she was going to, nor how long she was to stay - I do not know whether it is a male or a female friend - I do not know whether she dined at home, because I was here - she told me she was going out for the day - she is seven and twenty years old - I left home at eight o'clock this morning - I do not think my son knows that she is out for the day - I have not seen my daughter Maria about this Court to-day
COURT. Q. When the prisoner went away she said she had lost some sheets? A. Yes; and before that complained of having lost a comb and card-case - I had made a charge against her about a month before she left.
Cross-examined. Q. Were you present? A. No; I am in the habit of visiting at my mother's frequently, every evening - I was not there last evening - I have not been there to-day - I have not seen my sister Maria for this week, as I have been detained here on business - I do not know where my sister Maria is to-night - I cannot say whether she is in the habit of going out.
Q. Is she in the habit of going out with a nameless friend, to a nameless house, in a nameless street? A. I cannot say - I have been in the habit of visiting at my mother's when the prisoner lodged there - I advised my mother to get rid of her - I began to give that advice a few days after she got there - I never heard of the prisoner making any charge upon the firm.
Q. Would you not think it very strange if this young woman should charge your own sister Maria with a robbery, and you not hear it? A. I might have heard it - there might have been two charges against her and I not hear it.
Q. Did you ever hear of her charging your sister Maria with stealing a tortoise-shell comb? A. There might have been a hint of the kind - it is so long ago, I cannot say I have any strong recollection of it - I never heard of it from my mother - when I said "a hint," I thought you alluded to these things that we charge against her.
Q. Did she say any thing about any sheets? A. There was something about it; it must have been after she left the house - I know that she wrote on a piece of paper to my mother, that was the way I heard of it - I think I was at my mother's house when it was brought by some one.
Q. Did you ever hear of her charging "the firm" with stealing any thing? A. I really cannot tell; I might have heard of it, but such girls as these I do not take notice of- I remember Mr. Marshall living with my mother - I went on board the Moffat, but not with Mr. Marshall - I do not know who I went on board with - I went to see the captain - I saw Marshall on board.
Q. Did you take any message from him to any body in your house? A. I cannot say whether I did or not - I am sure I cannot say whether I told my mother that I did - I do not know that he gave me any message to any of my sisters, or to any female in the house.
Q. Must you not know if he sent any message by you to any one, to come and see him? A. I cannot say - I do not know that he sent a message to the prisoner by me - the time is so far elapsed that I cannot recollect it, it is about five months ago - I had a bad opinion of her - I cannot tell whether Marshall sent any message by me to her, to go and see him - I have no recollection of it - I cannot swear I did not deliver the message to her from Marshall.
Q. Did he not send that message by you, and in addition, that she was to take down with her the knives that he bought at Mr. Carr's, in Whitechapel? A. I do not recollect it.
Q. Did you take a letter to her? A. I really cannot tell - I cannot answer it - I had not been intimate with Marshall - I paid him that courtesy which he paid me - I never was in private company with him - I forget whether I brought a letter from him to the girl - I did not dislike her - I had my suspicions of her - I thought she was not respectable - I did not think her unchaste: I thought her rather too intimate with Marshall - he had been in her room - I did not tell my mother that - I cannot tell whether Marshall was living there when she came - I do not know that Marshall ever paid any attention to any of my sisters - I do not know that he did to Maria - I do not know whether Maria has any property in the Bank - I do not remember my mother complaining of her stopping out one night.
Q. Now I ask you again, whether Marshall did not give you a letter to this girl? A. I really cannot say - I cannot say whether he might desire that she should bring the knives - I have forgotten it - I cannot say whether I heard of her charging my sister with stealing a card-case.
Q. Upon your oath, did not the girl, in your own presence, tell your mother she had lost her comb, and that it was in your sister Maria's head? A. Never in my presence - I heard there was something missed - I do not recollect hearing from my mother or sister that such a charge was made - I remember a watch being lost about January, I think.
Q. Did you ever mention any thing to the young woman at the bar about it? A. I do not know whether I did or not- I do not know whether I said any thing to her with reference to my sister Maria and the watch, to the best of my knowledge I did not.
Q. Upon your oath, is not that phrase put into every answer, to save yourself from an indictment in future? A. No; it is not - I heard no conversation with the prisoner about my sister Maria and the missing watch to my knowledge - I think I could not have forgotten it - I do not recollect that I ever said to her, "Make your mind easy, my sister Maria has the watch" - I cannot swear that I did not.
COURT. Q. What did you mean by saying you were never in private company with Marshall? A. Never; but with my mother.
MR. PHILLIPS. Q. Have you not played at cards with Marshall and your mother? A. I might have done it - I cannot say whether I have played with the prisoner, my mother, and Marshall, over and over again - I will not swear it - I cannot say whether we have played over and over again at speculation - I have played at whist with my mother.
Q. Who were the other two persons? A. I really cannot say - I never played at cards in the prisoner's room to my recollection - I never played at cards with her and Marshall, in her room to my knowledge.
MARY CARTER . The prisoner came to my house and lodged nine days - I observed a picture in the room - on the Sunday morning when she was gone, my sister observed a hole in the picture - she stepped on the sofa and took the picture down, and between the paper and the glass were seven duplicates - these are the duplicates.
Q. You fainted? A. Yes; I do not think there was any one by my side when I fainted - I went into the prisoner's room when I recovered - I asked her what had become of her work-box; and she said the door was on the jar; but I did not see it - I believe there was a noise heard by one of my lodgers - I took the prisoner to Mr. Hardwick, the magistrate - I charged her on suspicion of stealing my timepiece - it was found at her lodging - she was discharged - I did not take her up again - I do not know that Mrs. Hart did - I have since been to Mrs. Hart's with the duplicates - I have not been on visiting terms there - I have not been to tea there - she has some daughters - I have not seen her daughter Maria here to-day - I believe the prisoner's work-box has not been found - she said she had been robbed of it - that she found the street door open, and her own door unlocked - that was after I missed my timepiece - I had been in my back room first - I screamed out that the timepiece was gone - I then fainted, and found the prisoner by my side washing my face.
Q. Did you say any thing to the prisoner about the duplicates you found? A. I do not think her worth speaking to - she left my house bag and baggage, but she forgot the duplicates, and she left this pack of cards - they are cards of her business as a dress-maker - my husband did these cards, and never was paid for them - the address is No. 4, Spring-garden-place - that is where I lived then.
JAMES LAMB . I am shopman to Messrs. Walkers, pawnbrokers, Commercial-road. I have two sheets, one coalscuttle, one table-cloth, and one tea-pot, pawned with me, in the name of Hart - I have the corresponding duplicates - I cannot say positively who pawned them; but I have seen the prisoner in the shop, and in the boxes - she generally came to pawn, but I cannot say that she pawned these things - I had seen her four or five times.
Q. In what name did she generally pawn? A. Sarah Hart ; but I cannot say whether she pawned these - these two sheets are in the name of Ann Hart , for 6s.; the coalscuttle and tea-pot for 7s., in the name of Jane Hart.
MR. PHILLIPS to MRS. HART. Q. What marks were on your sheets which you lost? A."G. A. P." - there was nothing else on them - I am sure of that - I missed tablecloths - they had nothing on them - these are my sheets.
Q. Here is a 2 on this sheet; did you not say there was nothing else on it but "G. A. P.?" A. I thought you meant letters, Sir; I remember there was a figure.
Q. Is this your table-cloth? A. Yes; the letter "S" is on it now; but that has been marked since - it was not marked S, in my name - I have other table-cloths like them.
COURT. Q. Look at the coal-scuttle and tea-pot; are they yours? A. Yes; I have looked at them - they are mine.
Cross-examined. Q. Did you ever pawn any thing in your life? A. No, nor my daughter, to my knowledge.
MR. PHILLIPS to JAMES LAMB. Q. While these things were in your possession, did you take any mark off, or put any mark on? A. No, Sir; as things are brought, they are wrapped up and put away - this one sheet was pawned with a parcel of other things which belonged to the prisoner for 10s., and among them several books with her name in them.
THOMAS HARRIS . I live at Mr. Williams's, a pawnbroker. I produce the duplicates of two table-cloths, which were fetched out of pawn - I cannot say whether these are them; but I gave the table-cloths which were pawned at our house to Mrs. Hart - they were pawned in the name of Ann Haigh, No. 26, White Horse-street.
MRS. HART. These are the two which I got out and gave to the officer - they were pawned for 2s.
Cross-examined. Q. You swore to the table-cloths at the magistrate's? A. Yes - I examined them before I swore to them - the marks I expected to find had been at the corner - I examined the four corners - I did not tell the magistrate that the letter "S" was on them - I said it to those about me.
Prisoner's Defence. I was accused of taking a tablecloth, a silver spoon, and a coal-scuttle. I was acquitted. I was accused again, and acquitted. I was then sent for again, and Mr. Hart said, "What, old offender, have I got you again!" - and he said, if he could give me three months, he should be satisfied. There are a great number of my things lost.
NOT GUILTY .
MARY CARTER . I am the wife of John Carter. The prisoner came and lodged in my front parlour on the 14th of April - on Friday, the 25th of April I supposed the prisoner was out all day; but in the afternoon, about four o'clock, we heard a noise, and a little girl went and tried the door - I afterwards went up to the back parlour, and a timepiece was gone from the back parlour - I had seen it safe about an hour before - I had not seen the prisoner before all day, but she was in the house then - this is the timepiece - the prisoner left my house the next day - I would not let her stay any longer.
Cross-examined by MR. PHILLIPS. Q. Then she went away at your desire? A. Yes, she did not abscond - I had not seen her for the entire day on which the timepiece was missed - the outer door had been opened and shut several times, because there are lodgers in the house - when I missed the time-piece, I fainted, and found the prisoner assisting me - I then went into the parlour, and missed her work-box - I did not go to see how the outer door was, whether it was open or shut - I had seen the timepiece
ELIZABETH SMALL . I keep a lodging-house at No. 12, George-street, Limehouse-fields. The prisoner took a room at my house on the 26th of April, which was on Saturday - one hair trunk was brought in the same night - she had the key, but did not sleep in the house till the Monday night - I saw her go out on the Tuesday, and she did not return - the room was locked - no one went in there till the officer came; if any one had, I must have known it - when the officer came, my daughter mentioned that the key of the back parlour would open the prisoner's room door, but I was not aware of it - it would open it, but not lock it again.
JOSEPH ENEVER (police-constable K 143.) I received information, and went to Limehouse-fields, to a person named Toswell, a green-grocer. I took the prisoner there - Mrs. Toswell directed me to Mrs. Small - I went to the front room up stairs - it was locked - I examined the room, and found this timepiece wrapped in a handkerchief - I spoke to the prisoner about it - she said the handkerchief was hers, but she knew nothing about the timepiece.
Cross-examined. Q. Who went with you? A. Mr. Hart. The timepiece was wrapped in the handkerchief, which was clean - it was not tied.
Prisoner's Defence. I was just about being discharged, when Mr. Hart said if any one went to my lodging the timepiece would be found. One handkerchief was clean in my box when I went out, and the other was on the table. I locked up my room, and have the key now. The timepiece was not in the room when I left; it must have been taken there; it was a planned thing. The magistrate saw it was spite, and he was going to acquit me, till Mr. Hart made that reply.
MR. PHILLIPS to ELIZABETH SMALL. Q. When did the prisoner's boxes come in? A. One on Saturday night, the other on Monday. If she had intended to part with the timepiece, she might have done it - I had been in her room while she was there.
JURY. Q. Did you see the policeman and Hart come? A. Yes, I did. I saw no parcel with them - they desired me to go with them into the room, and the timepiece was on the table - I did not notice any timepiece on the table till they found it.
COURT. Q. Did you see the policeman or Hart put any thing on the table? A. No; I did not.
Cross-examined. Q. Had you been out of your house on the Sunday or Monday? A. Yes; but I am confident my children would not let any one in.
COURT to JOSEPH ENEVER . Q. Who went into the room first? A. I did - Mr. Hart could not have put the timepiece there without my knowing it, because we went from Lambeth-street - the timepiece was on the table wrapped up in a clean handkerchief.
Cross-examined. Q. Was it tied? A. No.
COURT to HENRY HART. Q. Did you see the timepiece on the table? A. Not till the officer found it.
Cross-examined. Q. Were you at the police-office? A. Yes - I cannot say whether it was the policeman or myself that suggested to the magistrate to send to her lodging - it might have been me - I cannot say that I did not - when I saw the timepiece, it was wrapped in the handkerchief - it was tied.
Cross-examined. Q. Was there any thing else there? A. There was a work-box - I did not see the timepiece when I went in - I did not think of it - I went to look for duplicates, and for the timepiece, if I could find it.
NOT GUILTY .
OLD COURT. - Monday, May 19th.
Second Middlesex Jury, before Mr. Sergeant Arabin.
859. JOHN FRANCIS BOUTARD was indicted for stealing, on the 13th of May , at St. James, Westminster , 1 morocco case, value 10s.; 1 diamond comb, value 450l.; 1 pair of diamond ear-rings, value 450l.; 1 diamond necklace, value 550l.; and 1 diamond pin, value 160l., the goods of Elise Hubert Desvignes , in his dwelling-house .
2nd COUNT, stating the morocco case, the diamond comb, ear-rings, and necklace, to be the goods of George Blogg , and the pin the goods of Samuel Norman , in the dwelling-house of Elise Hubert Desvignes . To which he pleaded
GUILTY . Aged 35. - Transported for Life .
2nd COUNT, for stealing a gelding.
CHARLES VARE SIGSTON . I drive a cabriolet . I live in Cochrane-terrace, St. John's-wood. On Saturday morning, the 3rd of May, I had this pony for sale - it is an entire horse, not a gelding - I put the bridle and saddle on it, and a ribbon on it, and a halter round its neck, to show he was for sale - Huet rode him into Hyde-park, and to various places about Paddington and Marylebone, and stopped at the Constitution public-house, Marylebone - I saw the prisoner there - I and Huet were at the door - the prisoner came up to us - we were drinking a pint of beer, and Huet asked him to drink - he knew him before - he drank with us, and asked if the pony was for sale - Huet said it was - the prisoner went into a public-house, and brought out a pint of beer - I drank, and went and sat on the railing - I then went and got a pipe of tobacco, and when I came out the pony was gone, and the prisoner also - in consequence of what Huet said I remained there until half-past eleven at night - I missed it between six and seven - neither the pony nor the prisoner made their appearance - I found the pony at the Red Lion, Harrow-road, on the Sunday afternoon - the ribbon and halter were then gone - the pony is worth 12l. - the bridle and saddle about 30s. - I knew the pony again directly.
COURT. Q. Do you mean to say he was employed to sell the pony on this occasion? A. Never - he was not with me- he was never employed to sell ponies for me.
MR. STAMMERS. Q. Had Huet ever been authorized before, to sell horses and ponies for you? A. He never was - it had been out of my possession from six o'clock on Saturday night till five o'clock on Sunday evening, when I found him a mile and a half from where I lost him - I have reason to believe he had been further, for it was very much injured, and his legs all in a trembling and shaking - I drank with Huet and the prisoner - I had seen Huet about employed by people clipping - I had never seen the prisoner before - he appeared quite sober to me.
COURT. Q. You have been accustomed to horses? A. I have - the pony appeared jaded and trembling, as if he had been rode about - I had been looking for him the whole of Sunday, though he was found so near.
JAMES HUET . I am a horse clipper and trimmer - I was assisting the prosecutor to sell the pony - I was riding him on Saturday, the 3rd of May, to get a customer - I was at the Constitution public-house, Lisson Grove, at half-past four o'clock, and was riding the horse - the prisoner came up while I was there - I have known him for years - he is a charcoal burner - he came up, and asked me if the pony was for sale - it had red ribbons on, and a halter round its neck - I said it was for sale - he asked the price - I said fifteen guineas - he said he would give me five - Sigston was either inside the door or close to the door - I said I could not take any such money - he said, "Let me look at it, get up, and ride him" - I got up on it, and rode him, and then gave him to William Smith, to run him up and down, for the prisoner to see that it was not lame, and after that he followed Smith and me down, and said he would get up, and ride it himself, and if he liked it, he would buy it- he jumped on, and I told him not to go out of the street - I said I would sell the pony if he would give the money for it, but the least I could take should be twelve guineas - I am sure I told him not to ride him out of the street - he got up, turned to the right, and went away - I never saw him again that day - I went to the Constitution with Sigston, and never left till half-past eleven o'clock - he never came there - I found the prisoner at eight o'clock on Sunday morning in bed at his friend's house - I cannot tell the name of the street - it is almost close to where the pony was taken from - I asked where the pony was - he said he did not know - I said if he did not tell me where it was, I must go and tell the owner, as it was intrusted to my care to sell - he got out of bed, and went to a barber's shop - I said, "Taylor, do tell me where the pony is" - he was rather in liquor then, I think - I cannot tell whether he was in liquor when he went off with the pony - he said he would go and have his beard off - I went and saw the prosecutor - I told him I had seen the prisoner, but he did not know where it was - the prisoner told me he thought it was gone down into the country - we got a policeman to look about, and at last it was found - I saw it at the Red Lion about half-past five o'clock - it was the same pony.
Cross-examined. Q. How long have you known the prisoner? A. About five years - I have been intimate with him, and found him always honest - the real value of the pony is about twelve guineas - that was the lowest price I was permitted to take for it - the prosecutor authorized me to sell it, by taking it round the park - I did not help the prisoner to get on the pony - at the latter end of the conversation I told him not to go out of the street - he rode away with it directly after I told him that - he told me if he liked it he would have it at fifteen guineas, which I asked him - if he had bid me twelve guineas, I should have taken it.
WILLIAM SMITH . I was at the Constitution - the pony stood at the door - Huet told me to give it some water, which I did - they were talking about the price of it - Huet said, "Will you run this pony down the street?" and I ran it down the street twice - I came back, and the prisoner said, "Let me get on it, see how I can make it go" - he jumped on - Huet said, "Do not go out of the street" - he said, "I shall be back in a few minutes;" and that was all I saw of him - Huet told me to stand at the corner to see if he came back - I stood there about an hour - he did not come in that time.
Cross-examined. Q. Did you hear the whole conversation? A. I did not - when I got up, Huet and the prisoner were talking about the price, but I was not attending - I heard no price - the took pony, and away he went - I never saw the prisoner before - he appeared to me to be sober.
WILLIAM BATES . I am ostler at the Red Lion, Westburn-green. I first saw the pony about ten o'clock on Saturday evening - the prisoner called there on it, and had half a pint of beer - there was no red ribbon in the bridle then, nor any halter on - he went away, and on Sunday morning, about five o'clock, he brought the pony there again, and gave him into my care - and about five o'clock in the evening the prosecutor came and owned it.
Cross-examined. Q. How long have you known him? A. About two months - he is a charcoal burner - he uses a horse and cart.
JURY. Q. Did any conversation take place between you and the prisoner? A. Not a word - he told me to take it to the stable and give it hay and water - he was in the habit of coming to our premises.
The prisoner called
ANN LITTLE . I live at the top of Stamford-street - in the centre of the street the pony was rode up and down all day - I was at my door - I saw Huet hold the bridle in one hand, and put the saddle in his hand for Taylor to get on the pony, and pull his smock-frock away for him to sit down - Taylor appeared quite drunk, so that he could not sit steady on it.
JAMES BLAKE . I have known the prisoner fourteen or fifteen years - he is a hard-working man - he kept a public-house part of the time, but was in the habit of taking too much to drink - I keep a coal shed - Taylor came on Saturday evening to my house with the pony, and a gentleman with him - he was intoxicated, and could not sit on it - it was about six o'clock - the gentleman came to know if I knew the prisoner, and asked me if it was safe to buy the
GUILTY. Aged 36. - Recommended to mercy on account of good character . - Transported for Life .
Before Mr. Recorder.
861. JAMES COOPER was indicted for feloniously breaking and entering the dwelling-house of David Hughes , on the 26th of April , at St. Anne, Westminster, and stealing therein 1 watch, value 5l., his goods .
JAMES WHITELEY . I am a pianoforte maker. I live in Frederick-place, Hampstead-road. On the 26th of April, I was walking in Frith-street, Soho - I know the shop of Mr. Hughes, a watchmaker - I was near that shop, and heard a pane of glass smash, about a quarter-past eight o'clock on Saturday evening - I saw the prisoner standing at the shop window - the broken pane was about the centre of the frame - I was within two doors of the shop - I looked round and saw the broken window, and saw the prisoner drawing his hand out from the broken glass - by that time he was running away, and had got into the middle of the road - I pursued him - he turned round Church-street, and there was a cry of "Stop thief" - some gentleman knocked him down against the house No. 31, Church-street - I then fell upon him- we both got up, and went to the street door of the house - I had him by the cuff of his right hand - he wrested his hand away from me, and threw a watch away - it went against the parlour shutters, and broke the glass of the watch, which fell in the area - I stood with him there two or three minutes, when a policeman came up and took him to the station-house - on going there he made a little resistance, stating that he was not the person.
Prisoner. Q. I wish you to state positively whether I was standing at the window, or whether you saw me passing the window, and stopping as I passed? A. No; you were standing at the window - I did not see you break the glass, but heard it break, and saw you draw your hand out - the house is two houses from the entrance of the street - I was within two doors of the shop in the street, and pursued you - you went into the middle of the street.
COURT. Q. Was there any other person so close to it at the time? A. No; I am certain I saw him draw his hand from the broken pane, and the watch was in his possession when I took him.
DAVID HUGHES. I am a watchmaker , and live at No. 30, Frith-street, Soho, in the parish of St. Anne, Westminster. On Saturday, the 26th of April, I was in my shop about a quarter past eight o'clock - I heard a tremendous crash of the window, and saw the watches falling from the hooks - it was not plate glass - I immediately rose from my seat, ran into the street, and called "Stop thief" - I followed the people whom I saw running round into Church-street - I there saw a crowd collected, and found the prisoner in the custody of Whiteley - I am the sole occupier of the house - it is my dwelling-house - when I got up to the prisoner, I saw him throw the watch away - it fell into the area of No. 30 or 31 - I did not pick it up - I knocked at the door, and it was brought up to me by the landlord - I went down with the landlord to look in the area, but I did not see it lying there myself - he produced the watch, which is mine - the lowest real value of it is about 4l. 10s. - there was a ticket attached to it of my own writing - I had hung it in the window in the morning - it could be reached from the broken window - the hole was sufficient to admit the arm of a man.
SAMUEL MORE . I am a carpenter, and live at No. 31, Church-street. On Saturday evening, the 26th of April, I was in my kitchen and heard something fall - I heard a cry of "Stop thief" - I found a watch in my area, and picked it up, and a ticket very near it with the price on it - I delivered it to Gwyther.
Prisoner's Defence. I beg to trespass on the Court while I relate the cause which excited me to the act which placed me in the disgraceful situation in which I now stand; an act which is as opposed from my natural principle, as night is from day - at the time it occurred I was under extreme embarrassment, and most afflicting oppression - my wife was on the point of her accouchement, and I was without the means of providing her with the common necessaries - I had, my Lord, endeavoured to exert myself to the utmost of my power, to alleviate her painful situation, without effect - I have sought assistance from those who I have received great kindness from, but which has been withheld from me, on account of it being considered we had a right of claim on an individual, who would not assist us; on the day named in the indictment I had undergone extremely fatiguing exertions, and met with aggravating disappointments - in the extreme distress on my mind, I accidentally met a person who kindly prevailed on me to take a glass of a rum with him, which he thought would cheer my spirits - not having broken my fast during the day, and being never accustomed to spirits, it overcame me in a manner; I scarcely knew what I was doing, and while on my way home I was passing the prosecutor's house, and having the thoughts of home across my mind, I, without the least thought or premeditation, committed the act which places me before your Lordship an unfortunate being - I have entirely provided for myself from the age of thirteen, under the greatest disadvantages, from family troubles and afflictions - I leave my friends to say the rest.
( Alexander Jones Burgess , pawnbroker, 110, Shoreditch; Richard Attenborough , pawnbroker, 31, Crown-street, Finsbury; Joseph Cook , Walworth; William Bruce , woollen-draper, 70, Blackman-street, Borough; James Taylor , publican, Greenwich, gave the prisoner a good character, and deposed to his being in great distress.
GUILTY, (value 4l. 10s.) - Strongly recommended to mercy by the Prosecutor and Jury on account of his good character . - Confined for One Year .
MR. CLARKSON conducted the Prosecution.
STEPHEN WILLIAMS. I am a cow-keeper , and live at No. 35, Long-alley, in the parish of St. Leonard, Shoreditch . The prisoner lived in my service for about fifteen months, and left about a fortnight or three weeks before the 26th of March - I had a middling-sized clothes box in which I kept my clothes - he had seen me go to that box for money - I kept it in my back parlour - there is a door from the back parlour into the yard - on the night of the 25th of March, I latched that door, but did not fasten it in any other way - I can be certain there were ninety sovereigns and more in sovereigns and half-sovereigns in that box that night - I had seen the money three or four days before - I got up next morning about half-past five o'clock, and found the back door latched as before - I found the box out in the yard broken open, and all my money gone - I am sure the night before I had latched the back door, and the box was then safe in the parlour - I saw the prisoner that night about half-past nine o'clock in front of my premises, and I saw him at the back as well - he lives about three hundred yards from me - I missed a bowl which the policeman brought to me next morning - the prisoner lives in Angel-square - I observed traces on the dung which led to a search.
Cross-examined by MR. PHILLIPS. Q. Who did you leave up in your house when you went to bed? A. Nobody - I have no servant - I latched the door myself - I tried it before I went to bed - I forgot to bolt it - I generally bolt it the last thing before I go to bed - I am quite certain I tried it, and that it was latched - my back premises are very much exposed.
WILLIAM HERITAGE , jun. I am assistant clerk at Worship-street office. I remember the examination of the prisoner, when Taylor was under examination, repeating his evidence - the prisoner interrupted him - he was stating that the prisoner had said he got over the wall - I was taking the deposition at the time. (Here the witness read the evidence of Taylor given before the magistrate) - when he stated that the prisoner had said he had brought the box into the yard, the prisoner said, "I did do it in that way, and not as the policeman has said, by getting over the dung."
Cross-examined. Q. You cannot be mistaken in that observation? A. I am quite positive - I believe I made a memorandum of it at the time.
THOMAS WEDGWOOD . I live in Dorset-street, Spitalfields, and sell earthenware. On the 29th of March, Charles Taylor, the witness, called on me - I received from him, on the 31st of March, 90l. in gold - he drew 20l. the week following, and 10l. a fortnight after that - the remaining 60l. is in my hands.
MARY ANN TAYLOR . I am the wife of Charles Taylor, and live in Thompson's-court, Half-moon-street, Bishopsgate. I know the prisoner perfectly well - a day or two before last Good Friday he called at my house, between three and four o'clock - another person was sitting in the room with me - the prisoner said he wished to speak to me - I went out into the passage with him, and he asked me to mind a little money for him - I agreed to do so - he gave me a bag directly, and next day, in my husband's presence, I opened it - there was one hundred and eight sovereigns, and four half-sovereigns.
Cross-examined. Q. Who was with you? A. A woman named Taylor, who lives in the house.
MARY TAYLOR . I live in the same house, but am not related to the witness. On the afternoon in question I was in her room - I saw the prisoner sitting in the room - he said he wished to speak to Mrs. Taylor, and they left the room together - I then returned into the room.
Cross-examined. Q. Did you see the bag? A. No - I did not see her with any thing.
WILLIAM CHARLES TAYLOR . I am the husband of Mary Ann Taylor. I have known the prisoner about four years - I was not at home when he called at my house - my wife showed me one hundred and eight sovereigns, and four half-sovereigns in an old coat pocket - I counted them - I put ninety into Mr. Wedgwood's hands, and laid out 30l. - I have drawn some of him - I laid it out by the prisoner's orders - I saw him about the money - he said I might have the odd money, and have half of it to lay out in stock - we were to go into business together - I gave my wife 20l. of it, and took 90l. to Wedgwood's, and afterwards drew 30l. from him - the prisoner told me he got over the privy into the yard, opened the door into the parlour, taken the box out and broke it open, and that he left the coat he took the pocket out of in the dye-house.
Cross-examined. Q. No doubt you thought all this was honest, or you would not have taken the money? A. I would not - I thought it quite honest - I have had presents of 10l. before from my friends - he was not a friend of mine - I suspected it was dishonest when he was taken up- I was taken up two or three weeks after - we were taken up together - he had been taken up and discharged first - that was on this charge - I forgot to go to Mr. Williams and tell him the prisoner had given me the money - the prisoner did not say at the office that I had broken the door open - I was not in the yard at all.
WILLIAM BENNETT . I am a dyer, and live in Sweetapple-court, Bishopgate. The prisoner worked in the same house for about a week - he was apprehended the Sunday before Good Friday - on that day he came to me about five minutes before six in the morning, and we went to work together - he told me his feet were wet - I asked how they came so, as the street was quite dry - he said he had stepped into a puddle of water - I observed some cow-dung on his shoes - there was an old coat of his laying in the dye-house - he had taken that away with him the night before - I remember his being apprehended - he came and fetched his old coat away when he was discharged - I have seen the coat since - one of the pockets is torn out - here it is.
Cross-examined. Q. Does it not appear that they are worn out instead of being torn out? A. They may be worn out - it is a very old jacket - I never saw Taylor at our premises in my life.
THOMAS SEAL . I am a policeman. I was present at the prisoner's examination - he said he lived in Angel-square, Bishopsgate - I went there, and found this jacket - one of the pockets appears to have been torn out, and the other worn out.
Prisoner's Defence. That man says I owned I had done the robbery; when all of them seemed to say I did it, I
MR. HERITAGE. After taking the deposition, I asked the prisoner if he wished to say any thing in his defence - he said, No - but, previously, when he said what I have stated, I told him he had better hold his tongue - I am sure he used the words I have stated - he interrupted the witness, and said so - and a minute or so afterwards, he said"I was in a passion" - he certainly said what he did in anger.
MATTHEW PEAK . I apprehended him at the dye-house - I told him to let me see his shoes - and as soon as he put his foot up, it was all over cow-dung - they appeared to fit the impressions in the dung.
MR. WILLIAMS re-examined. There is a parcel of cowdung at the back of my premises - I considered him a tolerable character when he first lived with me, but not at the latter part, for that was the reason I discharged him.
GUILTY . Aged 19. - Transported for Life .
863. JOHN STEEL , THOMAS KEITH , and ANN DUFF were indicted for feloniously assaulting Thomas Wakeling , on the 13th of May , at St. Leonard's, Shoreditch, with intent to take his goods and monies from his person, and against his will, violently and feloniously to steal ; against the Statute.
2nd COUNT, for an assault, with intent to rob.
THOMAS WAKELING. I am a green-grocer , and live in Long-alley, Shoreditch. On the night of the 13th of May, I was opposite Church-street, Shoreditch , alone, and was met by Keith - somebody spoke to me - I turned round my head and received a blow in the eye - I turned round directly to give him a good chastisement for what he had done, but was surrounded immediately by a gang - Steel came up the instant I laid hold of Keith, and struck me, while others behind me got me down on my back, and got beating me - I cannot swear the female prisoner was one of the party, but she came up in Crispin-street, and began to mob me, and said Keith was not the man - I first saw her, to be certain of her, a quarter of a mile off - I kept hold of Keith while on the ground, till I was so beat, I lost all recollection - I called the police - while I was on the ground, I felt their hands down at my fob, and they forced three buttons off my trousers, and my braces were undone - I had neither money nor watch about me, so that they could take nothing from me - the buttons were torn off the waistband of my trousers - I was quite sober; when I got up I was bleeding from my eye and the inside of the mouth from scratches I received when on the ground.
Cross-examined by MR. DAWSON. Q. What o'clock was this? A. As near as I can recollect, twenty minutes or a quarter to eleven o'clock at night - I had been to Mr. Pullen, an attorney, in Gloucester-street, Hoxton - I had been having a pint of half-and-half with a person named Rice, who lives in Dove-row - nothing but malt and hops was in the half-and-half, I presume - I passed Keith as I was on the curb, and he stood near the houses - I did not observe whether he was drunk, but he struck me first - I turned back, and laid hold of him instantly - it was not till I laid hold of Keith that Steel interfered - I had not struck Keith - I seized hold of him - I was surrounded by them in all quarters the moment I laid hold of Keith - I had an umbrella with me - I did not lose it - I kept hold of it - I became insensible when on the ground - my umbrella was lying by my side when I came to myself - I might have used the umbrella in the irritation - I swear I did not strike Steel with it - if I struck any body, it was Keith - I certainly struck him with it - I cannot swear whether I struck him once or twice.
Q. Are you sure when you imagined you struck at Keith, you might not have struck at Steel? A. I am, because the others were behind me, and I could not strike them - when Keith struck me I collared him immediately - whether the others came to his rescue or not, I cannot tell - when I was down, I felt my breeches tugged at - I had hold of Keith with one hand - there was a great scuffle - I felt their hands right inside my clothes - I swear I distinctly felt their hands at my fob and right hand pocket.
Q. Did you never say to Duff's father that, at the trial, if he would give you 10s., you would endeavour to get her off? A. Never; they have offered it to me, and a friend of Steel's has offered me a sovereign while I have been here this morning - I have seen Daniel Ryan and Peter Duff - I never said I would undo at the trial what I had done respecting the female prisoner - I struck Keith once with my umbrella, and may have struck him twice; but I was on my back in an instant - there was an attempt to get Keith from me.
JOHN NEWMAN . I live in Ann's-place Edward-street, Hoxton, and am foreman to Deacon and Co., carriers. I saw the prosecutor on the ground, and three men beating him - they were on the ground with him - I went and asked if they were going to murder him, or what they were going to do - they all three jumped up, and ran away, one of them taking a hat with him - I assisted the prosecutor up - he was bleeding very profusely from his mouth and nose - I cried, "Stop thief," when the men left him, and I took the prosecutor on the footway - the policeman immediately came up, with Steel in his hand - I observed the prosecutor pick up a cap, while he was searching for his hat; and that cap was claimed by Keith at the station-house - the prosecutor's hat was gone - I saw a hat afterwards produced at the station-house, which the prosecutor claimed - the cap laid within a yard of where he was lying - there was an attempt to rescue - I took charge of Keith myself, and about twenty males and females attempted to rescue him - a great many low characters live there.
Cross-examined. Q. Did you see the beginning of this? A. No; I went to his assistance when he called out - there was no confusion when I went up, except the three people who were attacking him - there were other people on the footway - his umbrella was found near the cap - I had enough to do to hold Keith - I cannot say who took the hat; for, in assisting the prosecutor, I lost sight of the prisoners when they left him.
EDWARD MASON GOODE. I am a carrier, and live in Holywell-lane. On Tuesday night, about half-past ten o'clock, I was going to Shoreditch, and nearly at the top of the lane, a person passed from towards Shoreditch church to the opposite side - he had something in his hand, which
THOMAS FELL LEWIN. I live in Church-street, Shoreditch: I am foreman to a bootmaker. I went to the corner of our street to take a little fresh air, and observed, across the street, two or three individuals having an altercation, as I thought - they were standing up - I did not observe any thing more, but looked another way - I then heard the cry of "Police, police" - I looked round, and saw the prosecutor on the ground, and Steel striking him with his fist - I thought it was a mere lark, or I would have run over - one of the prisoners ran away - he had no hat on - Steel immediately followed, but not so quick as the first - I crossed the road to stop him, when the policeman came up; and we both caught him at the same time - there was a general attempt to rescue him, by four or five individuals - more assistance came, and he was conveyed to the watch-house - and, on the way there, Duff endeavoured to excite others to rescue him, and called the prosecutor names - I gave her in charge - I ran back to our shop - a young man followed me, and begged me not to go against the prisoners.
Cross-examined. Q. You saw a dispute as it turned out afterwards to be? A. Yes - it had hardly commenced when I got there - some of them seemed to have an altercation - I did not hear any voices - they seemed talking - I turned round, and heard a call of "Police" - I looked round again, and saw the prosecutor on the ground, and Steel striking him - he was secured without being out of my sight.
COURT. Q. Describe what you call a lark, or altercation? A. I saw the prosecutor knocked down, and struck when on the ground; but still I thought it was a lark - it was all done in an instant.
MR. DAWSON. Q. Did you see the prosecutor striking with his umbrella? A. No; but he might have done so - it was done in such a hurry - I went to his assistance when I saw Steel strike him.
COURT. Q. Are you in the habit of calling a man being knocked down and beat a lark? A. In that neighbourhood, there are many sprees of young men getting drunk and larking and scuffling, but not done in that way - the prosecutor was bleeding profusely from the face.
WILLIAM HENRY CLARK (police-constable H 43). On the night of the 13th of May, between ten and eleven o'clock, I was in Shoreditch, and saw a scuffle between three or four men - they fell in the road - I ran across the road, hearing a cry of "Police," and saw the prisoner Steele get up and run away - he was on the ground - I pursued and took him - the prosecutor and two other witnesses came up - I asked what was the matter - he was covered with blood, and said he had been knocked down and attempted to be robbed - this was in Steel's presence - Steel said nothing to it - I was going on the road to the station-house, and got a few yards when Keith came out of Holywell-lane, and was immediately recognised by two witnesses - I took him into custody also - an attempt to rescue was immediately made, by five or six; and the female prisoner was one - she hung round my neck, and round Keith's neck - she was afterwards taken into custody - the prosecutor gave me this cap at the station-house, and Keith claimed it - and again at the office.
Cross-examined. Q. How far were you from the place? A. The road is fifteen or sixteen yards across - I did not see the beginning of it, till I saw them all fall in the road.
Steel's Defence. I am quite a stranger to the prisoners.
Keith's Defence. I am an entire stranger to Steel.
STEEL - GUILTY . Aged 23.
KEITH - GUILTY . Aged 20.
Transported for Life .
DUFF - NOT GUILTY .
864. JOSEPH SEALL and THOMAS SIMPSON were indicted for feloniously breaking and entering the dwelling-house of John Huish Webber , on the 15th of April , at St. Giles-in-the-fields, and stealing therein 1 cruetstand, value 12l.; four cruets, value 1l.; 1 coat, value 1l. 10s.; 3 silver spoons, value 1l.; 2 knife-rests, value 5s.; 1 milk-ewer, value 10s.; and 1 chimney ornament and shade, value 5s., his goods .
MR. CRESWELL conducted the Prosecution.
MARY COTTER . I am a servant, in the employ of Mr. John Huish Webber, who lives at No. 3, Caroline-street, Bedford-square, in the parish of St. Giles-in-the-fields . I know the prisoner Seall - on the 15th of April, he came to the house and asked me to go up stairs, and ask the nurse whether she would go to Astley's play-house - I said I would go up and ask her - he came into the passage, and I shut the door - I went up three pairs of stairs - I came down again, and when within three yards of the bottom, I thought I saw the door shut as quick as lightning - the prisoner was still there - he seemed very much agitated - I told him the nurse said she could not come, and he went away - that was about half-past seven o'clock in the morning - the nurse came down stairs about eight o'clock, and went into the parlour - I went in with her - and we then discovered that a cruet-stand, knife-rests, salt-spoons, and a coat were gone - the plate was standing on the sideboard, and the coat in the parlour closet - I had seen them just before Seall came - nobody but Seall had been at the street door, before I went up stairs that morning.
Cross-examined by MR. CLARKSON. Q. How old are you? A. Sixteen next August - I desired him to walk into the passage while I went down stairs; and when I came down he was still there - I told the magistrate that he was in a very agitated state - he was all of a tremble - I had seen him there twice before - he came on Wednesday - the nurse is not here - she is at home - I missed the things about eight o'clock in the morning - I was in the house from half-past seven to eight o'clock - the parlour was cleaned when the prisoner came - I was clearing away in the kitchen after the prisoner left - how many persons might have come to the door after he came and before the things were missed, I cannot tell - I knew that he was acquainted with the nurse.
CAROLINE NICHOLSON . I am the daughter of Mr. Nicholson, who lives at No. 12, Caroline-street, opposite Mr. Webber's. On the 15th of April, about half-past seven o'clock, I was at the front parlour window, and saw three men come out of Mr. Webber's house - two came out a little before the last - I did not perceive the door closed when the two came out - Seall came out last; and I know Simpson, I think, by his dress; but I am not sure he was one of them - I believe it was him - one of the two that came out first had a coat - I believe it was Simpson - it was a sort of brown coat; a thick-looking coat - I think it was rough - two of the men went up the street, and Seall turned the other way.
Cross-examined by MR. PHILLIPS. Q. You do not take on yourself to swear positively to Simpson? A. No. I may be mistaken.
Cross-examined by MR. CLARKSON. Q. How long had you been up? A. I was up at six o'clock, and had been in the parlour all that time. I saw three men come out - Seall was one - I do not think the door shut - Seall had nothing with him that I perceived - I saw nothing sticking out of his pocket - I did not take notice.
SAMPSON DARKIN CAMPBELL . (police-constable E 14). I apprehended Seall on the afternoon of the 15th of April, at his aunt's, in Greek-street, Tottenham-court-road. I neither threatened nor promised him - I cautioned him - on our way to the station-house he stated something, but in the absence of the other prisoners - he seemed very agitated, and at last said, "I had nothing to do with the robbery - I certainly did open the door, and let the parties in, and while they were removing the property I stood behind the door"- I said, "As you have stated so much, the least you can do is to offer all the reparation in your power; and if you know where the property is, tell me" - he said, "I do not know" - I apprehended Simpson at the Mischief public-house, in Oxford-street.
Cross-examined by MR. CLARKSON. Q. Have you told us all that Seall said of himself? A. Yes. He told me he opened the door and beckoned to them, and they came in - it escaped me to mention that at the moment - I did not say he might as well tell me all about it - on the contrary, I told him if he said any thing, I should use it in all probability against him in evidence - it was when he was going from the station-house to Hatton-garden he mentioned about beckoning to the men, in the same conversation, but after that - I knew where to find him from information I received from Mr. Webber first, and subsequently from his servant - there are two servants - I think it was Cotter, not from the nursery-maid - they were both in the room at the time.
( MARY COTTER . It was not me.) Witness. Then it must have been from the nursery-maid - I got the information from one of the two - they were both in the office of Mr. Webber at the time - the nursery-maid was never before the magistrate - it was asked at the office, and Mr. Laing told me it was not necessary - Mr. Laing asked if she was present, and Mr. Mallett gave some explanation why she was not there, which satisfied him - he did not ask for her twice - I am certain about that.
MARGARET ANDERSON . I am a servant at the Mischief public-house, in Oxford-street. I know both the prisoners by using the house - on Saturday night they were both in the tap-room together - I cannot say what day of the month it was - it was on the Saturday before they were taken up- there was another person with them, a sailor - and on Tuesday they were both at the bar drinking a pint of beer about seven o'clock in the morning - that was Simpson and Butcher, not Seall - our house is near Charlotte-street, Soho-square - on the Saturday previous Seall was there with them - on the Monday I saw them all three at the Mischief until about eleven o'clock at night.
Cross-examined by MR. PHILLIPS. Q. A good many persons frequent the house? A. Yes; there was nothing remarkable about them them, nor on the Tuesday.
Seall's Defence. What the policeman says is very false - I never said any thing of the kind to him - I put it to yourselves, Gentleman, whether I should use those words - it is dreadful - this young man was not in my company at all that evening - I had a letter from my sister to tell me to ask the nurse to go to the theatre - it was not that night - it was Wednesday.
MARGARET STONE . I live at No. 2, Greek-street. I was in Mr. Webber's service as servant of all-work - I had left on Friday before this transaction - I have known Seall seven years - Mrs. Wimpley, the wet nurse, was acquainted with Seall - I am not married to Seall - his character was upright and just in every thing - he is a shoemaker - he came to me backwards and forwards to No. 71, Oxford-street, which is a jeweller and silversmith's - he visited me there for seven months.
MR. CRESWELL. Q. What name do you go by? A. Margaret Stone - I am not married to Seall - I borrowed a shawl of one of the servants to go to be married to him, but I was not married - we were too late for church - that was on the Sunday before, this happened on the Tuesday - I did not go another day to be married - I received a letter on Monday evening from his sister Emma, and it was on the Wednesday evening following that he went to the theatre - I know the handwriting of the letter - I received it on the Monday evening - I asked the prisoner to go to the nurse and ask her if she could go to the play on the Wednesday evening, with me and a friend or two more.
SMITH. I have known Simpson two years I am a saddler, and live in Newton-street, Holborn - Simpson has got his living by butchering - he has had a situation - I was in his company on the 15th, from seven o'clock in the morning until five in the evening, looking after employment- I was out of employ - I was not with him in Caroline-street - I do not know it.
MR. CRESSWELL. Q. Did you appear before the magistrate? A. I did; they asked me if it was the day he was taken that I was with him - I said, "Yes," thinking that was the day of the robbery - I was with him on the 13th and 14th both days - I mean the 15th and 16th, looking after work every morning - he used to call for me - I did
MR. CLARKSON. Q. What time did you meet him in the morning? A. About seven, or a little after - I believe we went into the Mischief about five o'clock in the afternoon.
Q. If it has been said, he was at the Mischief at seven in the morning, that must be wrong? A. I cannot be certain of the time - it might be a little after seven that he came to me - the Mischief is about three minutes' walk from Holborn.
MARGARET ANDERSON re-examined. The witness Smith and prisoner Simpson were at the public-house on Tuesday, the 15th of April, about five o'clock in the afternoon.
MR. WEBBER re-examined. I was before the magistrate, and saw Smith there - he gave evidence before the magistrate, which was not taken down.
SEALL - GUILTY . Aged 28.
Transported for Life .
SIMPSON - NOT GUILTY .
Port of London, May 1st, 1834.
Three days after the ship Mary Ann sails from Gravesend, please to pay to William Banfield, or his order, the sum of 4l. 5s., being a month's advance, and in part of his wages, on an intended voyage to Quebec, in the ship herein before mentioned, as per agreement. - Your humble servant, G. Martin, master.
To R. Ray, Esq., 48, Fore-street, City.
2nd COUNT, for feloniously uttering a like forged order for payment of money, well knowing it to be forged with like intent.
EDWARD EDMUND CHILD. I am a pawnbroker , in partnership with Abraham Edward Reynolds, and live at No. 217, High-street, Shadwell. On the 1st of May, the prisoner came into my shop between seven and eight o'clock in the evening - he had had dealings with me on a former occasion- he said he was very glad to see me - he hoped I was quite well, and he said he wished to speak with me - I asked him in, and he said he was very sorry for what he had done- (alluding to a transaction which occurred three years previously) - he said he was very sorry for the way he had behaved to me - that it preyed very much on his mind, and he had never been happy since, and he had now come to make me amends - I said I was very glad of it - he said"I have arrived from St. Petersburg about a fortnight since, and am going to Quebec to-morrow - I will leave you a monthly note to pay the debt which I owe you" - I said,"Very well," and asked him for it - he said, "I have not got it now, but if you will come on board the ship Mary Ann off Union tier, I will give it you in the morning" - I said I would - he said then, "I have also a favour to ask of you, and that is, will you cash this order or this note for me?" - I asked what he wanted for it - he said he wanted some clothes - I said, "What clothes?" - he enumerated several articles, and asked me what they would amount to- I said I thought about 2l., but I had not looked them out - he said he wanted the rest in cash - I said I would look them out and bring them on board the ship in the morning with the cash - he said that would not do - I might send the clothes in the morning, but he must have the cash then - I told him I could not think of doing that, as he had deceived me on a former occasion - I should not put it in his power to do so again - he said, "Very well, give me the note back, and I will get a friend to do it for me near at hand" - I said I did not know whether I should or not, thinking he came to deceive me - I asked him some questions about the note, which he produced - I sent for a policeman - before that I asked him where the Captain lived - he said somewhere by Stepney - he did not know the street - I then asked him who the owners were - he said they were very respectable men, and that he had come over in their employ from Petersburgh, and was now going to Quebec in their employ - I referred to a directory - I saw no such owner, and gave him into custody - he said the owners were as respectable men as any merchants in the City - at the station-house he wished to speak to me in private, but I would not consent - he said the ship laid off Union tier, and he had been working on board for a week - I have made no inquiry myself at Union tier, but two gentlemen have.
Cross-examined by MR. PHILLIPS. Q. What day was it you sent to make inquiry at the tier? A. The same night the policeman sent, and two witnesses have made inquiry about the ship - I did not send them - what he asked me to do was, to cash it as a favour - he has been a seafaring man for about four years - I have only one partner - if I had cashed the order my partner would have an interest in it.
THOMAS HAINES (police-constable K 211). I took the prisoner into custody by desire of Mr. Child - he produced this note to me - I took him to the station-house - the inspector asked the prisoner where the ship laid - he said at Union-tier, Union-stairs - he was asked where the Captain lived, and said at Stepney, but did not know where - he was then asked where the owner lived, and said he should not answer any more question - I was then directed to go to Union-stairs to inquire if such a ship laid there - I went and inquired of several waterman there, if such a ship laid in the tier - they told me no - I inquired at a public-house if they knew of such a ship - I went next morning to No. 48, Fore-street, and inquired if R. Ray, Esq., lived there - there was no such person lived there - I asked if they knew the name in the street, and was told no - I inquired of two or three shopkeepers if they knew the name, nobody knew it- I afterwards was taking the prisoner from the office to the station-house, and he asked me what I thought he would be done to - I said I did not know - he then said the note was given to him yesterday, on 'Change, by a man whom he had not seen before.
Cross-examined. Q. Is there any body here from the house in Fore-street? A. No; I saw a man and woman
COURT. Q. What sort of a house is it? A. A linendraper's shop, I think; I went to the private door.
WILLIAM HENRY NOSS . I am a clerk in the office of the Registry of shipping in the Customs - I cannot say whether there was any vessel called the Mary Ann, bound for Quebec, lying at the Union-stairs on the 1st May - I have searched the Registry for the " Mary Ann of London" - I was told to look for that - if the owner resided in London, she should be registered there - there are several Mary Ann's registered, but not with that Captain's name nor the owners - the note purports to be signed by G. Martin, master, and there is no Mary Ann registered with that name as master, nor any R. Ray as the owner - I have not seen the order before.
Q. What description of vessel should you expect to find if that note was genuine? A. We should look in the London registry - it being only " R. Ray Esq., Fore-street," we infer means that he is the owner - he is not called the owner - he might be an agent - but I believe that is not usual.
Q. Does the register enable you to say that the vessel does not exist? A. Presuming the vessel to belong to London - I could find no such vessel with Martin the master: but I find about two years ago there was one which was sold to the Revenue - I have made no extract from the book - I could find nothing to extract - I have searched it very carefully and could find no such vessel.
Cross-examined. Q. What did you go to look for? A. I was instructed to look for the Mary Ann; Martin, master, of the port of London, bound for Quebec - we have a general Register - I looked for her as a London vessel.
Q. Suppose Ray was a banker? A. I have not sufficient means of ascertaining the question - I cannot say whether these notes are ever directed to a banker - I supposed it was a London vessel from the supposition that Ray was the owner.
COURT. Q. If it was not a London vessel, have you made sufficient search to say there is no such vessel? A. No - I have searched the entrances and clearances, and could find no such vessel having entered from Petersburg, and cleared out for Quebec - I find neither an entrance nor clearance of such a vessel within the last three months.
WILLIAM HENRY NOSS re-examined. I searched to see if the ship had cleared out on the 1st of May, and up to the 4th of May, as they do not always, sail to a day - they frequently clear and sail out the same day, or they may be a week longer than was intended - if a vessel from Petersburg discharged her cargo at Scarborough, and came in for ballast, she would not be entered in our register.
THOMAS HAYNES re-examined. I went to the private door at No. 48, Fore-street - there is a linendraper's shop there - I did not go into the shop - I cannot say they were not different establishments, but believe the shop belonged to the house.
EDWARD CHILD re-examined. Q. Did the prisoner put the note into your hand before or after he said, "Will you cash this note for me?" A. I rather think he gave it to me at the same time - he said, "I have a favour to ask; will you cash this for me?" and immediately handed me the note - I had not agreed to cash it - he only asked me to do it, and after giving it to me, enumerated what articles he wanted for it.
(Thomas Williams, coffee-house keeper, St. Catherine's Docks; Daniel Fairbrass, tailor, Bury-street; Henry Howsden, carpenter; - Black, John-street, Crutchedfriars; and William Smith , a sailor, gave the prisoner a good character.)
GUILTY. - Judgment respited .
£2 5s. advance note. London, Sept. 14th, 1833.
Sir, - Three days after the ship Renown has sailed from Gravesend, please to pay to Henry Brown, or bearer hereof, the sum of 2l. 5s., provided the said Henry Brown has sailed in the said ship; being a part of his wages on an intended voyage to Demerara, as per agreement, with your obedient servant. Captain Coats, master.
2nd COUNT. For feloniously uttering a like forged order for payment of money, well knowing it to be forged with the like intent.
MARY DOWSON. I live in New-street, Shadwell. On the 14th of September, the prisoner came to me and asked me to be kind enough to let her have cash for this note-she told me the ship was in the London docks, and going to sail for Demerara on the Monday morning - she said, she got it from a particular friend of hers, and I might be sure of the payment - I gave her the money - the ship was not gone, it was in the London docks - she said, the young man was going away in the ship the next day, or it might be the day after - I gave her two sovereign - I went to the docks the same night, and there was no such ship there - that was on the 14th, the day I received it - there was no such person as Large in Birchin-lane - it was said no such person lived there - I could find no such person as Large - when it was not honoured, I went to her, and she said it was all right, and I should get my money - Large is the person to whom it is addressed - I could not find him at No. 6, Birchin-lane - it is a baker's shop, instead of being a broker's - nobody had told me it was a broker's, but all these notes are on brokers - I thought the note was good when I gave her the two sovereigns for it.
Cross-examined by MR. PRENDERGAST. Q. She came by herself, did she not? A. Yes; I did not see another woman with her - she has kept a lodging-house for sailors, but not lately - I never had notes from her before, nor had any communication with her - I know she lives in my neighbourhood - I have known her a good many years by sight, but not to have dealings with her - she did not tell me she received the note from a woman - she mentioned no woman to me - she gave me the note on the 14th of September, and said the ship was to sail next morning - when the pilots came back from the ship they brought the account from the Downs - they always bring a note for the broker to pay the money - I went and found there was no such ship or broker- I found out there was no such ship that very day, by going to the docks the night I received it from her - I could not take any steps to have her apprehended till the latter end of the week following, when the pilots came from the Downs; I then went to find the broker.
COURT. Q. Is a note of this sort ever paid before the person sails? A. They are given for the seamen to get their sea stock before they go - if it had been a genuine note, and I had taken it to the broker's, he would not have paid it till the ship had sailed, and the pilot came from the Downs - I did not go for a week after to find the broker - they do not pay them till they have an order from the captain from the Downs, and a certificate that the men are on board.
MR. PRENDERGAST. Q. How many of these notes have you cashed? A. Very few - I believe she said the young man had lived with her, but she did not have a lodger then, because she had only one room - nothing was said about Mrs. Hall - I called on her at different times to pay the note, because she promised she would pay me; but she never would - she did not go out of the way - she was taken into custody on another charge.
Prisoner. I told her he was a lodger of mine - she asked where the man was - I said at the King's Arms - she went there and partook of some beer and gin with the man.
COURT. Q. Did she produce to you any young man who she said belonged to it? A. There was a young man in the public-house - she did not take me there, but I went there - she pointed out to the man from whom she said she had it; but when I told her of that months ago, she said that was not the man - he was not a seaman in appearance - she called him Henry Brown, but his name is Plumkett - he never spoke - the two sovereigns were paid in the public-house - the prisoner took it up - the man was present - she did not hand it to him; and he was not the man, for I knew him - he was a neighbour of mine - it was Henry Plunkett ; but I did not then know he was not the man - I knew his name - she was sitting in the public-house - I went in while she was there - a man was sitting by her - I gave her the money - she said that was her friend; but that was Henry Plunkett - I knew that at the time - I did not think she was going to deceive me - I went to the public-house, because I wanted change for a £5 note - she had told me the man of whom she had it, was in the public-house.
NOT GUILTY .
First Middlesex Jury, before Mr. Recorder.
867. SARAH EELES was again indicted for that she, on the 11th of September , at St. Paul, Shadwell , feloniously did forge a certain order for payment of money , which is as follows; that is to say: - "£1 5s. per month."London, 26th August, 1833. A mouth after date, please to pay George Henderson, or bearer hereof, £1 5s., in part of his wages as cook and seaman on board the ship Edinborough, Captain Lyal, now bound upon a voyage to Llerally and Jamaica, and continue the payments of the said sum monthly until the completion of ie aforesaid voyage, unless sufficient reason to the contrary shall appear. To be payable two months after date, at Smith's and Co., No. 12, Birchin-lane. Captain Lyal" - with intent to defraud John Lancaster .
2nd COUNT, for feloniously uttering the like forged order for payment of money, well knowing it to be forged with a like intent.
The Court ruled that the instrument was not an order for the payment of money, it not being addressed to any person.
NOT GUILTY .
NEW COURT. Monday, May 19, 1834.
Fifth Middlesex Jury, before Mr. Common Serjeant.
869. ELIZABETH DARBY was indicted for stealing, on the 23rd of January , 2 peels, value 7s.; 6 baking tins, value 8s.; 1 scale beam, value 3s.; 2 weights, value 1s.; and 1 sieve, value 4s. ; the goods of John Muir .
MR. CLARKSON conducted the Prosecution.
JOHN MUIR. I live in Wilson-street, Finsbury . On the 26th of December, I let the prisoner part of the house No. 2, (the shop, bakehouse, and first floor,) according to an agreement - she was to be responsible for any damage done to the fixtures, or the loss of them - and either party were at liberty to put an end to the agreement, by giving three months' notice in writing - I gave her notice to quit on the 24th of March - the rent was 30l. a-year, and 6l. for the use of the chattels and fixtures, to be used on the premises - that was settled verbally, by one or two witnesses - the business of baking was to be carried on, but there was not a loaf baked on the premises since she has been there - she is still in possession - about the 15th of April, I found some of the property I let to her was missing, and I gave her into custody - when I took the officer in, she asked what it was for - I told her she would know that before the magistrate - she said at the office that she had lent the things to Mr. Thorn.
Cross-examined by MR. PHILLIPS. Q. Then she herself mentioned Mr. Thorn's name to you? A. She did, at Worship-street - I have taken the benefit of the Insolvent Act - I was in prison for liabilities not my own - I received 9l. in advance from the prisoner up to the 25th of March last, she is to pay a quarter's rent in advance - I do not mean to say it is stated so in the agreement, but I understood so - I read the agreement hastily - her time would be out next quarter-day - she was to take the tenant's fixtures at a fair valuation, if she thought proper.
MR. CLARKSON. Q. Did she ever intimate to you any desire to take them? A. No.
GEORGE THORN . On the 23rd of January, I purchased of the prisoner two peels, six tins, a scale beam, two scales and weights, and a sieve, which she told me belonged to her husband - she said she had plenty of things to dispose
Cross-examined. Q. Have you brought any action against her? A. Yes, for a debt for bread and flour - I bear her no ill-will - I did not pay her for these things - they were to be set off - her son came to me for an iron peel, but that is not connected with these things.
NOT GUILTY .
GEORGE RUFFELL . I am in the service of Mr. James Jones , a pawnbroker , who lives at Stoke Newington . On Monday evening, the 28th of April, I was in the shop, I heard somebody run out, and missed the handkerchiefs from the door - I proceeded towards London, and saw the prisoner hastening on, and looking back to see if any one was following her - I pursued, and took her - I found this property on her - this counterpane had been outside the door- the handkerchiefs had been inside.
GUILTY. Aged 13. - Recommended to mercy by the Prosecutor. - Judgment Respited .
871. WILLIAM THOMPSON was indicted for stealing, on the 16th of April , 1 brass cock, value 2s.; 1 copper ball, value 4s.; and 4 feet of leaden pipe, value 5s.; the goods of Joseph Maynard , and fixed to a building , against the Statute, &c.
JAMES THOMPSON (police-constable H 178). I was on duty in Whitechapel on the 16th of April. I saw the prisoner with a quantity of cocks, and balls, and pipes - I took him, and, from information, I went to Mr. Maynard's - I fitted some of these to his premises - they fitted exactly - I had known the prisoner before - he lived with Mr. Ruth, in Spital-square, and had a good character.
GUILTY . Aged 19. - Confined for Fourteen Days .
JANE MORRALL . I live with my mother in Great Warner-street, Clerkenwell , opposite Mrs. Hardy's clothes shop. On the 22nd of April, I saw Taylor go to her door, take down three gowns which hung on the door post inside - he then walked a little further, then turned back, took up the gowns, and walked away with them towards Lilly, who stood at the corner.
ELIZABETH MORRALL . My daughter told me of this - I ran to the door, and saw Lilly putting the gowns under his arm - I followed him down Boddington-street, and when he got to the corner, he went faster - a gentleman cried, "Stop thief," and then Lilly dropped the gown, and was taken.
LOUISA HARDY. These are my gowns, and had been hanging at my door.
Taylor's Defence. I went to see a friend - we went and had something to eat; a young man came in and asked him if he knew a person named Lilly - he said he did, and he said Lilly was at the station-house - I went there and was taken.
Lilly's Defence. I was walking along, and two men threw these gowns on my shoulder - I threw them off, and went on, and was taken.
TAYLOR - GUILTY. Aged 17.
LILLY - GUILTY. Aged 23.
Recommended to mercy . - Confined Nine Months .
JOHN POOLE . I met the prisoner on the night of the 9th of May, in Cockspur-street - I went into the British Coffee-house with him, and we drank brandy and water - I went to sleep, and was awoke by the policeman - I had 10s. or 15s. when I went to sleep.
Cross-examined. Q. How long had you known the prisoner? A. I only met him that evening casually - I was a little while in his company, but I was so intoxicated that I do not recollect - I do not know whether I had been all night with him - I cannot tell whether I had his money to take care of, and he had mine - I was not sober when I met him the last time - I remember being sober at twelve or one o'clock the day before.
NOT GUILTY .
SUSAN GARDNER . I am the wife of Thomas Gardner. I keep a haberdasher's shop in Norton-falgate - the prisoner was in my service about five weeks - on the 15th of April I desired to see his box, with an officer - I thought I saw him take something up with his coat - I took the coat, and found this paper with this silk folded in it - I said,"This is my silk" - the prisoner said, "That silk I bought and paid for, and I can show you an invoice of it" - he then paused some minutes, and said, "Can you swear to that silk?" - I said, "I can - there are about three yards of it - here is a notch which corresponds with the roll of silk that was in the shop" - I went into the shop, and compared the silk, and it matched exactly - the prisoner then said, "If you will walk up stairs, I will explain it to you"- he then said, "I have cut the silk off" - he went on his knees and begged me to forgive him - I said, "No; you thought very little of robbing me, but for the protection of my own property I must give you into custody" - he had no right to cut that silk.
Cross-examined by MR. STAMMERS. Q. How long have you been in the retail trade? A. About seventeen years -
WILLIAM ALEFOUNDER . I am shop-boy to the prosecutor. I was there that morning - I saw the prisoner come to the top of the shop, and take a yard measure down - he went to the bottom of the shop, put his hand under the wrapper, took down a piece of silk and put it on the counter - he put the yard measure to the silk, and took the scissors out of his pocket and cut the silk off - he put it into his pocket, rolled the roll up, and put it into its place.
Cross-examined. Q. Where were you? A. At the door, cleaning the window - there was no one in the shop - he did not conceal this - there was a pile of boxes before him - he did not cut off a random piece - he measured it with the stick - I do not think there was a carpenter at work.
Prisoner's Defence. I deny any felonious intention of appropriating it to my own use - it is the custom of our trade for a shopman to have any goods he may want - it is immaterial whether it is measured by yourself or any one else - I can bring two witnesses who will swear that I showed them a piece of silk on the Thursday before, and on the Monday I ascertained what quantity I wanted - the value of a young man depends on his knowing his business, with regard to leaving such a length of silk as may be of benefit to his employer - I said to one of my witnesses that if I cut three yards off one of the pieces, it would be an injury, as it would leave but eleven yards, which would be an unsaleable length - it is not likely if I had wished to appropriate this to my own use that I should take the measure and cut it off - the carpenter stood close to me when I cut it off, but I have not been able to procure him - he said to me, "Shall I remove, Sir, am I in your way?" - I said"No, not at all" - there were boards on the counter, but they did not conceal me at all - this boy has had an animosity against me for a fortnight before - he cannot deny that on the Wednesday or Thursday before, he was very saucy, and I told him I would box his ears - he continued his impertinence, and I took hold of his ears, but did not hurt him - his father came there that day - I told him, and he desired me to correct him at any time - on the morning this happened, he was very sancy, while he was on the steps - I was obliged to tell him to do the windows over again - he said Mr. Withers, who was my predecessor, never told him to do it, and he would not - I said he was very saucy, and if it were not that I should have to pay for the glass, I would knock him off the steps; and when I went to breakfast he said I had been cutting off silk, and not entered it- it is only spite and malice that has induced this charge by him - all that I have had has been entered, both cash and goods.
MARGARET GLYNN . I am Mrs. Gardner's niece; I help her in her shop. On the 8th of April the prisoner had some stockings and some ribbon for his own use, at a low price, and Mrs. Gardner entered them in the book - I think it was about the same time the prisoner told me he wanted a piece of silk for some bonnets - I told him it would take three yards to make two bonnets, which I understood he wanted - he brought two pieces to me, and said one was fourteen yards long, and he asked if I thought two yards would do for the bonnets, as it would leave twelve yards, which would make a dress - I told him I thought it would require three yards - he said he thought he should have it, but he did not say what quantity - I never entered things- I never knew any one to have things when Mrs. Gardner was not there.
COURT. Q. Did he tell you he had cut off three yards? A. No. He never desired me to enter it to him.
MARY ANN PRIESTLY . I am apprentice to Mrs. Gardner. I was standing by the last witnesses when the prisoner asked her what quantity it would take to make two bonnets - she said "Three yards;" and I said so too.
MRS. GARDNER re-examined. I searched the prisoner's box, about half-past eight o'clock that morning - when I heard of this, I called the boy up - the prisoner asked him how he dared to say such a thing; and put himself in a great passion - I said, "Do not put yourself in a passion; you have no objection to my searching your box?" - he said,"No, nor my person either" - I then sent for the officer.( Field Wade , painter, and Joseph Charles Jefferys , gave the prisoner a good character.)
GUILTY . Aged 32. - Transported for Seven Years .
RICHARD HARDING (City police-constable No. 90). On the 14th of May, I was on duty in Red Cross-street - I saw the prisoner with another person - I knew the prisoner by sight, and I followed him to the corner of Paul's-alley - he then took to his heels and ran away - I called, "Stop thief" - he put his hand to his breast, and pulled out these two books, wrapped in this handkerchief - he threw them down- I took them up, and still pursued him into Aldergate-street, where he was stopped - I am sure he is the person - I only lost sight of him for a minute or so - it was about ten o'clock in the morning.
Prisoner. I beg for mercy.
GUILTY . Aged 19. - Transported for Seven Years .
876. JANE PALMER was indicted for stealing, on the 3rd of May , 1 sheet, value 8s.; 1 ring, value 8s.; and 24 phials, value 2s., the goods of William Broackes ; and 1 handkerchief, value 1s. 6d., the goods of Mary Ann Broackes .
Q. What did you say to her? A. I asked if she knew any thing of a sheet - she said she and the housemaid had had it made into under garments - the ring she stated the housemaid had taken and given it to my groom to pawn, and when he brought the money they had divided it - the policeman took her to the station, and I locked her bed-room door - in the evening, I had her box brought down to the room where my wife was ill in bed - I found in the box some towels and this handkerchief, which are my property.
Cross-examined by MR. PHILLIPS. Q. What was it she said about the sheet? A. That she and the housemaid had had it made into chemises; and one was marked in her name and one in the housemaid's - the policeman was there at the time - I did not desire her to tell the truth, to my recollection - self, the housemaid, slept in the room where the prisoner's box was - self was a witness at the police-office, and then returned to my house for a short time - I did not go to the house with her - I do not know whether self had a key to the room where the box was; she might, but it is not probable - Self has run away because she was frightened, as the magistrate said that at the next examination he should place her in the same situation - she gave me no notice of going - I have included her in the indictment, at the suggestion of the magistrate - I have no doubt of her dishonesty - I think she left the day the prisoner was charged with the robbery, or early the next morning- I had not searched her boxes - she took her boxes away with her - the officer has searched for her - the prisoner's box had been left in the room - the box was not locked, but the room door was - Self had made a communication to Mrs. Broackes, which induced me to go for the policeman- the prisoner did not know that there was an investigation going on - Self had access to the room where the prisoner's box was, after she made the communication to her mistress - the officer searched the prisoner's boxes in my presence - I do not recollect whether any thing was found in it then - I really do not recollect - on the second search, these towels and handkerchief were found - the prisoner was then in custody - I cannot tell whether any thing was found on the first search, but my impression is there was not.
COURT. Q. When did you first charge her with it? A. About ten o'clock in the morning in the presence of the officer: her box was then searched - I cannot tell whether any thing was found, but it was impossible for me to examine it to know what belonged to my family - I then locked the room door - the box was searched again in the presence of Mrs. Broackes - I locked the door till she was in a state to see the box - the key was not out of my possession - I do not think Self had access to the room at that time.
MR. PHILLIPS. Q. Did you ever say to any body that, in consequence of Mr. Humphries and myself not accommodating you to take this case out of its turn, you would say more against the prisoner than you should have done? A. I did not, Sir; nor any thing to that effect - I said, I did not come here with any vindictive feeling; that I had been repeatedly robbed by servants; and that I only wanted to make an example of one of them, to prevent a recurrence of these things - I told her father that I had intended to recommend her to mercy, but after the treatment I had received, I should not do so.
JOHN EMELY . I was errand-boy to the prosecutor - I received twelve phials from the prisoner, which she told me to sell - I sold them for 6d. for her, and brought her the money - I cannot recollect when it was - she afterwards gave me another dozen, which I sold for her at the same place, and gave her the money.
Cross-examined. Q. Is the person you sold them to here? A. No; it was not a friend of mine - she told me to take them to a rag-shop - I sold them in St. John-street-road - I do not know the number, nor the person's name - it was the first shop I came to - I sold them once to a man and once to a woman - the prisoner told me they were medicine bottles - there was one or two dirty - I told my master where I sold them.
THOMAS HENNEN . I am groom to the prosecutor - I received a ring from the prisoner - it was twisted, and had a harp on the top - she asked me to pawn it for her, as she wanted to lend the money to Self - I pawned it for 3s. - I gave the money to Self, because she ran up to the surgery to meet me, and said she would give it to the prisoner - she said I must not go into the kitchen as master was in the passage.
Cross-examined. Q. Did Self tell you of her intending to run away? A. No - I thought the ring was the prisoner's - I gave all the money to Self - she gave me 6d. for myself - she said, "Jane says you are to have this 6d., and you may keep the duplicate, as the ring is too small for her finger" - I did not tell the magistrate that I got the 6d., but he was told - I told my master about this after Self was gone - I had been at the police-office once before, to take a man there for breaking my nose: and I was taken there once, but I was discharged; it was because I was walking by a gate when a robbery was committed - the boy's name was Clewes - I was in custody two days - the boy had two months for it - it was for stealing pigeons.
WILLIAM STANNARD (police-serjeant G 12). I went to the prosecutor, and received the prisoner in charge for stealing a sheet and some pillow-cases - the prisoner said the sheet was cut up to make chemises for her, and for Sarah Self , and that Self knew as much about it as she did, and that she had part of the money of the phials, and a ring pawned by the groom - I found part of a sheet in Self's box.
Cross-examined. Q. Did you search Self's box? A. Yes; the prisoner followed me into the room - she was there part of the time while I searched the box - I did not search the box the second time - I found nothing in the prisoner's box which the prosecutor claimed - it was open- I do not know whether it had a lock to it - I have looked for Self since, but have not found her - she was not present when the prisoner's box was searched.
RICHARD PALMER . I am the prisoner's father - I am a butcher, and live at Sheerness. I have seen the prosecutor several times - he said, "Mr. Humphries and Mr. Phillips have treated me exceedingly ill, and I do not know that I shall not say more than I intended."
ROBERT WYARD . I live on my property in the funds- I was present with Palmer - I heard Mr. Broacks say that Mr. Humphries and Mr. Phillips had treated him exceedingly ill, and he did not know that he should not say more than he intended - he said the case might have been tried on Saturday - I will take the prisoner into my service.
GUILTY. Aged 20. - Recommended to mercy by the Jury and Prosecutor . - Confined for Two Months .
GEORGE FLETCHER . I am a tailor , and live in New Bond-street . I saw the prisoner in a stooping position very near my door on the 14th of May - I was at the end of the shop - I came towards her - she asked if I could tell her the name of the street - I thought there was something suspicious about her - I went nearer to her, and she dropped this waistcoat from her person - it is the property of me and my father.
Prisoner's Defence. I did not touch it, it dropped off the counter.
MR. FLETCHER. It was impossible it could fall, it was behind her - she was going out with it.
GUILTY . Aged 11. - Confined for Seven Days, and delivered to her friends .
Cross-examined by MR. STAMMERS. Q. How do you know it is yours? A. By the bosom, which is composed of five different pieces - it was made for me - I never saw one made like it - I had some more made at the same time, but there was not linen enough to make the bosom of this, and it was joined - there is no other mark on it - two other persons slept in the room.
RICHARD HALLPIKE (police-constable C 181). I took the prisoner, and found this shirt on his back - I found on him a duplicate of a dressing cloak, and three half-pence - he said this shirt was his own.
GUILTY . Aged 30. - Transported for Seven Years .
880. JOSEPH STOCKMAN was indicted for stealing, on the 8th of May , 9 napkins, value 7s.; 1 pair of stockings, value 6d.; and 1 apron, value 9d. ; the goods of Charles Trowbridge . MARY SCHOLEY was indicted for receiving 8 napkins, value 6s., part of the said goods, well-knowing them to have been stolen , against the Statute.
ELIZABETH TROWBRIDGE . I am the wife of Charles Trowbridge, we live in Brown-street, Grosvenor-square . On the 8th of May, I had nine napkins, some stockings, and an apron in my boiler - they are my husband's property - I saw them safe at eleven o'clock that night, and I missed them in the morning as soon as I got up - I went to the prisoner Scholey's shop on the 9th of May - I asked if she had any napkins - she said she had none, and had not bought any - she denied it to me and the officer for a long time, and at last she said, "If I give up the property, would you wish to make a confusion?" - I said, "No" - the officer then said, "I think you have got this person's property, give it up" - and then she found these napkins - they had been marked, but the marks have been taken out - she said she bought them of a boy whom she did not know.
Cross-examined by MR. PHILLIPS. Q. Where they had any marks when they were brought to her you do not know? A. No; they were marked when I had them in my copper; but I know them - I have washed them many times.
WILLIAM SULLIVAN (police-constable C 120). I was on duty on the 9th of May, and the prisoner Stockman came, and said he wished to give himself up to me, as the officers were after him - I asked what for? - he said, he had found a bundle, and some people said he had stolen it - I took him to the station, and, from information, I went to Scholey's house to look for some stockings - while I was looking for them, the prosecutor came in to inquire for some napkins - Scholey said she had none - I said I thought she had- she went into the back-room, took some things off a chest, and pulled out one napkin, she then pulled out the others.
NOT GUILTY .
881. JOSEPH STOCKMAN was again indicted for stealing, on the 9th of May , 2 shirts, value 1s. 6d.; 1 waistcoat, value 6d.; 6 pair of stockings, value 1s.; 2 towels, value 4d.; 1 table cloth, value 3d.; 2 handkerchiefs, value 6d.; 4 petticoats, value 4d.; 3 shifts, value 1s.; and 1 child's shirt, value 2d. ; the goods of Walter Dundon .
BRIDGET DUNDON . I am the wife of Walter Dundon; we live in Marylebone . I left these articles at my room door on Thursday night, and missed them in the morning - these are part of them which I found at Scholey's, she said she bought them of a boy.
JOHN CRAWLEY . On the 9th of May, I saw the prisoner run across Oxford-street, at half-past seven o'clock in the morning - he had nothing with him - I then met Mrs. Dundon - she asked which way Stockman had gone - I told her, she said he had robbed her of several things - I saw him again about nine o'clock - I asked him if he had got the poor woman's things - he said he sold them for 1s. 3d. at Scholey's - he asked if I would take 1s. 3d. to Dundon - I did, and went with her to Scholey's - I asked if she had bought a bundle of things of Stockman - she said,
MRS. DUNDON. These are my things - they were hanging on lines on the second floor.
Prisoner's Defence. I went to the water-closet, and found them.
GUILTY . Aged 19. - Confined for Three Months .
HARRIET WARRINGTON . I am the wife of Benjamin Warrington , the prisoner lodged with us in King-street, Spitalfields . On the 11th of March she asked me to lend her some money, which I did, and my ring off my finger - she then went out, and I missed these articles - she came back, and told me not to be uneasy, I should have my things again in an hour and a half - she put the duplicate in a book, but I did not see her do it - she then went out, and I never saw her again till last Wednesday week - I asked her how I was to obtain my things, she said she pawned them, but did not have the money - I followed her home, and gave charge of her the next day - I lent her my ring, but not these things.
Cross-examined by MR. PHILLIPS. Q. Did you not buy a gilt ring to wear when you lent her yours? A. No; I never said so to Salmon.
883. WILLIAM BLAKE was indicted for stealing, on the 5th May , 1 coat, value 8s.; 1 waistcoat, value 4s.; 1 pair of trowsers, value 4s.; and 1 pair of shoes, value 4s.; the goods of Robert Woodman , his master .
ROBERT WOODMAN. I am a shoemaker , and live in Clerkenwell . The prisoner was with me on trial for two months - on the 5th of May, he went away without notice - on my return home I missed him, and my coat, waistcoat, and trowsers, a pair of shoes, a hat, a blue bag, and some other things - these are my property.
Prisoner. I was persuaded by another boy to take them.
- BLAKE. I am the prisoner's brother - his father and mother are dead - I am in the furniture line, and live in Seward-street, Goswell-street - I will take him - his uncle receives about 20l. a year on his account.
GUILTY. Aged 14. - Recommended to mercy by the Prosecutor. - Judgment Respited .
ROBERT WILLIAMS. I live in Ironmonger-street, St. Luke. I met the prisoner on 11th of May, and went with her to a coffee-shop, and then to a public-house, in Milton-street , where we drank together - I had a watch - the prisoner took it out of my pocket - I saw it in her hand, and made a grasp at it - the chain broke, and she put the watch in her bosom - I was not exactly sober - it was half-past five o'clock in the morning - I do not know how long I had been with her.
Prisoner. It was two o'clock in the morning when I met him, he was very tipsy - I was not much the worse for liquor - we had a good deal more to drink, and then he desired me to take care of his watch - we went to the public-house, and his witnesses came in there - one of them called on me in this prison on Friday, and told me that the prosecutor said he did not know but that he did give me his watch, and he thought he did - he said the prosecutor was at the prison door.
Witness. I believe one of my witnesses did go to see her, and he came to me and said, that through having a little drink, she might have done it without knowledge - I am sensible I did not give it to her.
JOHN CASHMAN . I live in Elizabeth-court. I was in the Golden-boot, in Milton-street, when the prosecutor, the prisoner, and another woman, came in - I saw a pint of ale between them on the table, and I saw the prosecutor put his knee on the table, and the prisoner drew out his watch - I said to him, "That woman has taken your watch" - he made a snatch at it, and the chain broke - she then put the watch in her bosom - I was looking at her, but I cannot say that she saw me - the prosecutor was certainly intoxicated - the other woman who was with the prisoner was a motherly looking woman like herself - the prisoner said she had a claim on the prosecutor, and no man had a right to interfere between a man and his wife - she said she wanted some money of him, and he had been out all night.
GEORGE PECK . I saw the prosecutor, the prisoner and another woman come into Reuben Martin's that morning - they had several pints of ale - the prisoner took the prosecutor's watch - I said to him, "Young man, that woman has taken your watch" - he made a snatch at it, the chain broke, and the prisoner got it in her bosom.
REUBEN MARTIN GADD . I saw a number of persons in front of my bar that morning - a man came with a watch and told me to take care of it - I said very well, and the parties went away - the policeman came in about an hour, and said, he wanted a watch - I said I should not give it him, I should take it to the station-house - I opened my house at ten minutes past four o'clock - the persons who were there, were two or three neighbours - I had seen the prisoner once or twice before.
HENRY McFARLANE . I was at the public-house that morning - I saw the prisoner and the prosecutor drinking together, seemingly in a very friendly way - the prisoner sat between me and the prosecutor - I saw her putting something into her breast, and two young men who were there
Prisoner. Q. Did not you come to me, and say that the prosecutor was very sorry, and he thought he might have given me the watch? A. No; I said, if I could do you any service I should be glad.
COURT. Q. Was the prosecutor aware that you went to the prison? A. Yes, he went with me to tell her he would do all the justice to her he could - two or three of her friends in the neighbourhood have met me, and threatened to do me some injury - some women have told me if I went much further, the consequences would be very bad with me - I came to the gaol on Friday morning, and told the prisoner not to make any thing to do about me, nor to raise any false reports about me - the prisoner's associates knew me by seeing her going to the watch-house that morning and seeing me there - I did not hear the prosecutor say any thing about the prisoner keeping his watch for him.
Prisoner. Q. What friends of mine are they that have annoyed you? A. I do not know who they are - two or three have come to the court-door, and said, "I know you very well" - I said, "I have not come to do any harm, but public justice."
GUILTY . Aged 33. - Confined for Three Months .
ELIZA DAY . I am wife of Joseph Day. The prisoner came to work in my shop on the 10th of May, and on the 13th of May I missed a pair of stockings, a child's shirt, and a handkerchief - I charged her with taking them, she said she had not seen them - these are the articles.
MATTHEW PEAKE (police-constable G 193). I took the prisoner - she said the handkerchief and stockings were at her aunt's - I went there, and she took them out of a reticule - I said there was a little shirt also - she said she knew nothing about that, but I searched, and found it cut up.
Prisoner. I am very sorry - I did not intend to keep the stockings, but I had no time to change them.
MARY COLE . I have known her ten years; she has been a good girl, I will take her to my house.
GUILTY. Aged 14. - Recommended to mercy by the Prosecutrix . - Confined Five Days .
The Prosecutor did not appear.
NOT GUILTY .
JOHN WELLMAN. I am a sailor . I went to the Jolly Sailor, in Ratcliffe Highway , on Wednesday last, and then I got drunk - I had a watch, four sovereigns, and some silver - I am perfectly sensible of that - I went to sleep - when I awoke, I had nothing at all - I do not know who was with me, but I recollect playing at skittles with some man - I should not know him - I do not recollect the prisoner.
ELLEN HILL . I was at the Jolly Sailor, and saw the prosecutor come in very drunk - I saw the prisoner come in with three men, about a quarter of an hour afterwards - the prosecutor fell asleep, and I saw the prisoner take a watch, two sovereigns, and some silver, out of the prosecutor's pocket - he said he would take it to the bar, and leave it for safety - I went with him to the bar, and he there put down one sovereign - I said he took two sovereigns from the man - he said, most probably he had dropped it, would I look for it - I went to look, and he went off with the watch and money.
JOHN COX (police-constable H 173). I took the prisoner at Mr. Tubbs, another public-house - he was in the back yard - I found on him 20s. in silver, a sovereign in his mouth, and this watch - he was quite sober.
GUILTY . Aged 20. - Transported for Seven Years .
BENJAMIN WYON. I live in Nassau-street, Soho. On the 15th of May, about ten o'clock in the evening, I was walking in Wardour-street - I felt my pocket move - I felt for my handkerchief, it was gone - I turned round, and saw two boy s close behind me - I accused them of having my handkerchief - I took hold of one, he denied it - the prisoner, who was the other boy, ran off - I and my brother pursued and caught him - we gave him in charge.
Prisoner. I beg for mercy.
GUILTY . Aged 18. - Confined for Nine Months .
WILLIAM THOMAS . I was at work on board the Pursuit on the 19th of April. My shipmate, William Daly , scrubbed out a pair of trousers, and left them with me - I was ordered to go down below - I heard a noise - I came up, and missed the trousers - I jumped on shore, and saw the prisoner going along with them hanging below his jacket- I asked him for them - he laughed at me - I took him, and took the trousers from him - they were damp at the time - these are the trousers.
GUILTY . Aged 61. - Confined for One Month .
890. HENRY ARCHER HARRIS was indicted for stealing, on the 1st of May , 9 pairs of gold ear-rings, value 1l. 7s.; 9 pairs of gold split rings, value 1l.; 1 guard-chain, value 2l. 10s.; 3 gold links, value 1s.; and 1 finger-ring,Edward Cherrill and another, his masters - to which indictment he pleaded
GUILTY . Aged 22. - Confined for One Year .
THOMAS FISHER. I am a ropemaker : the prisoner came to lodge in the room I did. On Monday, the 12th of May, I missed four duplicates from my pocket, also a pair of stockings and a handkerchief - (the prisoner had gone out on the Sunday, and did not return at night) - I went out to get an affidavit of the duplicates, and met the prisoner - I had him taken - my stockings were on his feet, and the duplicates in his pocket - the handkerchief he had made away with.
GUILTY . Aged 16. - Confined for One Year .