THE RIGHT HONOURABLE CHARLES FAREBROTHER, MAYOR.
SIXTH SESSION HELD AT JUSTICE HALL, IN THE OLD BAILEY, On THURSDAY, THE 3rd DAY OF JULY, 1834, AND FOLLOWING DAYS.
TAKEN IN SHORT-HAND(BY AUTHORITY OF THE CORPORATION OF THE CITY OF LONDON,) BY HENRY BUCKLER.
London: PRINTED BY WILLIAM TYLER, IVY LANE, AND PUBLISHED AT G. HEBERTS LIBRARY, No. 88, CHEAPSIDE.
Before the Right Honourable CHARLES FAREBROTHER , LORD MAYOR of the City of London; Sir John Bernard Bosanquet , Knt., one of the Justices of His Majesty's Court of Common Pleas; Sir William E. Taunton , Knt., one of the Justices of His Majesty's Court of King's Bench; Sir John Patteson , Knt., one other of the Justices of His Majesty's Court of King's Bench; John Ansley , Esq.; Samuel Birch , Esq.; John Thomas Thorp , Esq.; Matthias P. Lucas , Esq., Aldermen of the City of London; The Honourable Charles Ewan Law , Recorder of the said City; William Tayler Copeland , Esq.; and Thomas Johnson , Esq., Aldermen of the said City; John Mirehouse , Esq., Common Sergeant of the said City; and William St. Julien Arabin , Sergeant at Law; His Majesty's Justices of Oyer and Terminer of the City of London, and Justices of the Gaol Delivery of Newgate, holden for the said City and County of Middlesex.
FAREBROTHER, MAYOR. - SIXTH SESSION.
* A star placed against the verdict denotes that the prisoner has been previously in custody.
First Middlesex Jury, before Mr. Sergeant Arabin.
892. THOMAS HOLLINGSHEAD was indicted for that he, at the gaol delivery holden for Huntingdon, on the 11th of March, 11th George IV., before certain justices of our Lord the King, was tried and convicted on an indictment against him for feloniously breaking and entering the shop of Ebenezer Foster and Charles Finch Foster , and stealing therein 500 sovereigns, and divers other monies and property, of the said Ebenezer Foster and Charles Finch Foster, to the value of 7320l., and was thereupon ordered to be transported for the term of his natural life; and that he afterwards, on the 11th of June last, was at large, without any lawful cause, at the parish of St. Pancras, Middlesex, before the expiration of the term for which he was ordered to be transported , against the Statute, &c.
2nd COUNT stating that, at the said session, he was ordered to be transported, and that he was at large, &c., but omitting the names of the justices and the indictment; to which indictment he pleaded GUILTY . - DEATH . Aged 33.
893. GEORGE THOMPSON was indicted for feloniously assaulting James Finett , on the 17th of May , at St. Matthew, Bethnal-green , putting him in fear, and taking from his person, and against his will, 1 shilling, 2 pence, and 4 half-pence, his monies .
JAMES FINETT. I am a weaver , and live in Hope-street, Spitalfields. On Whitsun eve, the 17th of May, I was coming out of Mr. Brown's public-house, at the corner of Little Bacon-street , which was formerly called Cabbage-court - I was coming out of a court where I had been to make water, and was attacked by three men - one put his hand into my pocket, and the other two held my arms - I had been having a drop of beer - I had had three pints of porter and two glasses of spirits - I was a little in liquor, but sensible to know what I was about - the third man put his hand into my pocket, and took out a shilling and 4d., which was all I had at that time - I had, about an hour before, half-a-crown and a six-pence - I spent the 6d. - a friend asked me to lend him 1s., and I changed half-a-crown to do so - I paid 2d. for a glass of ale, and had the 1s. 4d. in my right hand pocket - it was a George the 4th shilling - the prisoner is the man who robbed me - I never saw him before - I did not know either of the other men - when he took my money, I rescued myself from the other men, and ran after him calling "Stop him, police" - I did not lose sight of him, I am certain - he ran thirty or forty yards before he was stopped - I saw him stopped by the policeman - he was running on the right hand side - I do not know what became of the other two men.
Prisoner. He first of all swore the other two men never touched him - I was committed on the Monday, and then he swore the other two men held him while I robbed him - he said it was three minutes before that he looked at his money, and, on the first occasion, he said it was ten minutes. Witness. I was twice before the magistrate, on Whit-monday and on the Thursday following - I spoke to him the first time, I said it was ten minutes since I had seen my money - that was a mistake - at the next examination, I said it was three minutes - he ran thirty or forty yards - he was not long running that distance - he turned one corner - I lost sight of him for a moment.
Prisoner. He said, at the office, that he had lost no penny-pieces, but when the policeman said I had two penny-pieces, he said he had two.
Prisoner's Defence. I was going home.
GUILTY . - DEATH . Aged 29.
Before Mr. Justice Bosanquet.
894. ROBERT BARNES was indicted for feloniously assaulting Stephen Foard , on the 18th of March , at St. Matthew, Bethnal-green , putting him in fear, and taking from his person, and against his will, 4 sovereigns, 2 half-crowns, 20s., and 1 purse, value 3s., his property; and that before the said felony was committed, to wit, at the delivery of the King's gaol of Newgate, holden for Middlesex, at Justice Hall, in the Old Bailey, on Thursday, the 11th of May, 7th Geo. IV., he was convicted of felony .
STEPHEN FOARD. I am a fisherman , and live at Winstaple, in Kent. About twelve months ago I was acquainted with the prisoner - we were both in Maidstone prison - I was there for bringing a few spirits across the water - he was a stranger to me before that - I became acquainted with him there, and I never saw any thing amiss in him - in March last I came to London, and learned that prisoner was lodging in Wentworth-street - I found him at the public-house there - I called for two glasses of brandy and water, and paid for them - I produced my money - he was close to my side, and could see what I had - I then went to the vessel I had come to town in, and he took tea with me on board the vessel - Mr. Sheepwash came there while we were at tea - he stayed there about an hour, or an hour and a half - I afterwards went with the prisoner down Whitechapel - we fell in with another man in Whitechapel - not so low down as the church - I think it was before we got to the butchers' shops - somewhere on the right hand side - it was a great deal nearer to the church than Aldgate pump - it was on the other side of the Minories - I do not know the other man's name - he and I and the prisoner were walking together - I asked them to go into a gin shop to have something to drink - we all three had some gin - this was between six and seven o'clock, as near as I can say - while we were there the prisoner said he had no money - I took out my purse and gave him 5s. - I put my purse in my pocket again - we came out, and walked down Whitechapel - the prisoner was on my right side, and the other man on my left, I being in the middle - we were not arm in arm then - the prisoner asked me to go and see his girl who was down Bethnal-green-road - when we got down the road, one took hold of my right arm and the other of my left - they told me it was Bethnal-green-road, but I was never there before - we entered it from Brick-lane, on the left hand side of Whitechapel - when they got me part of the way down Bethnal-green-road they knocked me down - I cannot say how they did it - they did not hurt me - they got me down, and the prisoner put his hand in my pocket, and took out my purse, in which I had 4 sovereigns, and about 30s. in silver - I had not noticed my purse after leaving the gin shop - they both ran away - I walked back to my vessel directly, and next morning I gave information - this was on the 18th of March, about half-past ten at night - I had been in company with the prisoner from between six and seven - I described him to the policeman - I saw nothing of him till he was taken.
Prisoner. He says he was sober when with me, but when I left him he was drunk and speechless - he was with a young woman - I was in his company from three o'clock in the afternoon drinking, and from then till eight, when I left him in Whitechapel - I never saw him in Bethnal-green-road.
WILLIAM SHEEPWASH . I am an oilman. On the 18th of March I went on board a vessel at Billingsgate, where the prosecutor was - the prisoner was in his company - I am sure he is the man - I was in their company from half to three quarters of an hour - I knew Foard before, but not the prisoner - I took tea with them, and after tea I left them - I saw nothing more of them.
Prisoner. He did not take tea with us - he was on deck. Witness. I went down into the cabin, and took tea with them, and some oysters likewise.
JAMES JOHN CONNERLEY . I am a policeman. I apprehended the prisoner on the 14th of May, in consequence of information I received from Foard - after getting him out of the skittle-ground, where he was in company with twenty or thirty thieves, (I had great trouble to get him out,) I told him what I took him for - he denied it - Bethnal-green-road is in Middlesex.
JOHN DAVIS . I am a constable of St. James's, Clerkenwell. I produce a certificate of the prisoner's former conviction - I had apprehended him, and was present at his conviction - I know him to be the person - I can swear to him, as when I was taking him to Newgate he was called Bobby odd eyes - he has a black and a grey eye - I could swear to him among a thousand.(Certificate read.)
Prisoner's Defence. Foard swears falsely - he says he was not drunk - I say he was - I was in company with him from three o'clock till about eight, and was drinking all the while - I left him in the public-house, in Baker-row, Whitechapel, with a young woman, so drunk he could not stand - I did not take him into Bethnal-green-road - I am not the man who was convicted.
JURY to FOARD. Q. When you went back to the ship, did you see any body? A. No - the men were in bed when I went on board the vessel - I saw nobody to men
Prisoner. If he was knocked down and robbed, would not he make an alarm? - it is a public road - is it feasible that he would tell nobody?
GUILTY - DEATH . Aged 22.(There was another indictment against the prisoner.)
895. JOHN ROBINSON was indicted for feloniously assaulting Edward Tiler , on the 21st of June , at St. George, Hanover-square , putting him in fear, and taking from his person and against his will, 1 purse, value 3d.; 3 sovereigns, 1 half-sovereign, and 1 crown, his goods and monies .
EDWARD TILER. I am a labourer , and live at Shackelwell. On Saturday, the 21st of June, I was in the Strand - I went into the Swan public-house, in Hungerford-market, about four o'clock, or a little after - I know the prisoner - I never saw him before that time - he came in while I was there, and inquired if any gentleman had been there inquiring for any one, for he expected to meet his attorney there - that he had come out of the country on business for an uncle of his, and had a great deal of money to take, and in the course of conversation he said it was a hot afternoon, and he should take something to drink - he began to talk about the boats on the water, what wonderful things they were - then he said his uncle had given him a good bit of money, and what should he do if the attorney did not come - he said, "There is no fear of being robbed, is there?" for his lawyer had told him to keep nothing but gentlemen's company - he pulled out a green pocket-book with three or four notes, which I thought might be Bank of England notes, and he said as he was a stranger, if I would show him a little way about London he would be very much obliged to me - I said I was going towards the park - we went out together, and going towards Charing-cross by a pewterer's shop, he looked at that and asked if that was all silver, and when we got to the horse at Charing-cross he thought that a wonderful thing - we went into a public-house, and had a glass of gin, which he paid for - we walked up Bond-street and different streets - we then went to a public-house and had some gin and water - I do not know what street it was in, nor the house - it was a very large one, like an hotel - I said I wanted to make water, and asked the waiter for a convenient place - he said, "There is a water-closet up stairs" - the prisoner said he wanted to go likewise - I went up and came back - I had left the gin and water on the table - I drank it, and said, "This has a very nasty taste, I don't like it at all" - it was different before - he said, "Never mind, have some brandy and water after it" - I refused - we came out - went to the Duke of Wellington's statue in the Park, and there he tripped my heels up, and away he ran - he took my purse, which contained 3 sovereigns and a half, and the screw of a gun, and he took a 5s. piece which was loose - I gave an alarm of "Stop thief," immediately, and he was stopped by a young man named Garland - there was another man in our company at the Swan, but the prisoner came in there by himself - the other man went with us part of the way, and after having the gin and water I said, "I do not like that gentleman's company at all" - he said, "Well, he has no occasion to go any further, I will call him and pay him for his trouble" - he gave him what I supposed to be half a sovereign, and said, "Take this for your trouble between you - I don't wish people to walk about showing me things without paying them for their trouble" - the other one wanted me to give him 5s. and take the half-sovereign - I said I would have nothing to do with it - I wanted nothing for my trouble - before we got out of that street he came back with the half-sovereign to the prisoner, and said, "If this gentleman won't accept any thing for his trouble, I am sure I will not - take your money again" - he went with us all the way to Hyde-park - sometimes a little behind, and sometimes rather before us, and he was very close at hand when the prisoner tripped up my heels.
Q. Did he do any thing then? A. It was done so quick, and after I had the gin and water I began to get so sleepy and so ill, I do not know whether the other touched me or not, but I do not think he did - when the prisoner tripped me up and took my money, I called, "Stop thief," and Garland took him - a gentleman rode up in his chaise and spoke to me - I got up and walked towards the prisoner as fast as I could, but I was so lame I could not walk fast, for he hurt me so in throwing me down I could not walk at all without a stick - as soon as I could walk, I went to the station-house, and gave him in charge - I had seen the policeman come up and take him from Garland, but I was not near him - Garland came back and led me to the police-station, because I could not walk - I did not go there with the prisoner - I saw nothing again except the crown-piece - the prisoner paid for the gin and water and different things which I had.
Cross-examined by MR. DOANE. Q. Did not you pay for any thing? A. No - I am a labourer - sometimes a gardener, and sometimes a bricklayer's labourer - I do what I can get to do - I had no employ that day - I had the day before - I had three sovereigns and a half in my purse, and a five-shilling-piece which was not in my purse - I left home about two o'clock - I fell in company with the prisoner about half-past four o'clock - I had been walking about from two o'clock till then after my business - I went after a young man who owed me some money - I could not find him, but I saw his brother, and he paid me- a young man went into the Swan with me, but I did not know him - I met him in the Strand - I did not know him before - he asked me to go with him, and I did - I had a pint of beer with him - I had had a pint of ale on the road in the course of the day - I had nothing before that - I drank nothing with my dinner - after the prisoner joined us, we went to look at the statue in Charing-cross - he asked my opinion, what I thought - I gave him the advice I should my own children, which was to take care of his property - I did not give him any invitation to come to see me - I do not exactly recollect every occurrence - I will swear I never asked him to visit me.
Q. Will you swear you did not ask him to come and dine with you the following Sunday? A. I did not - I said nothing to him about getting married, nor mention a
Q. You never suggested the probability of his marrying her if he produced a certain sum of money? A. I am quite certain I did not - I do not know that I mentioned my daughter to him at all - I was in Hyde-park when he tripped up my heels - I could not swear that the crown-piece which was found was mine - I had the money in my possession at Hungerford market - it was taken from me in the park - I took it out of my pocket in the public-house - I thought I was going to have something to eat, but I did not call for it, and put the purse back again - I pulled my purse out there, but not the five-shilling-piece - I would swear it was in my pocket - I pulled my purse out to see if I had 6d. in it, to pay for some bread and cheese, if I had it; and I had not one, and did not have any thing - I only took out my purse and opened it, but did not take out the three sovereigns and a half - I saw them there - it was a leather purse with two slides to it - I had saved the money out of my earnings, to pay my rent with it - I saved a little every week.
WILLIAM GARLAND . I was in Hyde-park, coming into the park, about eight o'clock on Saturday evening, the 21st of June - I heard the cry of "Stop thief," and saw the prisoner put his hands on the rails and jump over, near the Duke of Wellington's - he came running to the gates - I tried to stop him, and he hit me on the breast - I caught him by the collar of the coat - he said, "For God Almighty's sake, let me go; there is nothing the matter" - he said it was only a fellow wanted to give him a dusting - I told him I should not let him go; that I would help him if that was all - I looked about, and asked him what charge there was against him - he said there was no charge against him - he afterwards said a man there had got a charge against him - he pointed to a man standing against the railings of the Duke of Wellington's Achilles - I took him there to him - he said, "I have no charge against him; let him go" - I do not know who that man was - it was not Tiler - I saw Tiler coming across the green very slowly - he seemed very lame; and at that time a gentleman came up in a cabriolet, and told me to hold the prisoner till he saw a policeman - he said he had seen him rob a countryman - the prisoner heard him say that, but made no answer to it - he told me directly afterwards that he would give me a £20 note, if I would let him go - I said I should not let him go till I saw a policeman, and gave him in charge - the gentleman rode round to look for a policeman - I saw one coming, and the gentleman gave him in charge, and, as the prisoner came through the park gates, he threw down a green pocket-book, with flash notes in it- I saw that done - the policeman picked it up - the prisoner then walked very quietly down Vine-street, Piccadilly, till he came opposite the Duke of Devonshire's house - he there fell on the pavement, and threw down two £20 flash notes - the policeman picked those up - at the time he was on the pavement, he put something into his mouth - what it was I could not see - he was taken to the station-house, and searched - I went with him - I saw him searched, and a crown-piece and a shilling were found on him - Tiler was behind the prisoner, walking as near to us as he could - he was very lame - I did not go back to fetch him - he came in by himself.
Cross-examined. Q. What time was this? A. A little after eight - it was still light - there was not a person within the park gate but himself - not near the Duke of Wellington's house - I never saw the park so clear in my life - there were people higher up the park.
WILLIAM WRAY . I am a policeman. Garland gave the prisoner in charge to me - there was a gentleman in a gig who said in the prisoner's hearing, as he was close by, that that was the man who robbed the countryman - the gentleman is not here - I understood him to be Mr. Corbett, of No. 2, New Palace Yard - I called on him, but he stated that he knew no more about the case than Garland - I took him to the station-house - after walking about five yards with me he dropped this pocket-book, and a 5l. flash note - I picked them up directly - he struggled very violently - I told him it was no use, he might as well go quietly - and he did so till we came opposite the Duke of Devonshire's - he then made another attempt to get away, and tried to throw me- I seized him by the collar, and in struggling we both fell down together; he on his back and I on my side, and he dropped these two 20l. flash notes - I picked them up - I then heard somebody in the crowd call out, that he had put something in his mouth - I could not succeed in opening his mouth - I put my thumb in his mouth until it bled very much, and I thought it best then to take it out for fear of the consequences, but I could not open his mouth - I could not get it open - I took him to the station-house, searched him, and found a crown-piece, a shilling, and four duplicates - the crown-piece was loose - I saw Tiler almost as soon as I took the prisoner into custody - he distinctly said the prisoner was the man who robbed him - the prisoner must have heard him - I could not perceive whether he was intoxicated or agitated, but he seemed very ill at the time - I did not see any other person in particular near the rails of the Duke of Wellington's house - there were several people, but nobody to recognise in particular.
Cross-examined. Q. You found no sovereign, nor half-sovereign? A. No.
Prisoner's Defence. It is impossible that I could swallow three sovereigns and a half, a leather purse, and a gun-screw - at the station-house they found nothing on me - and before Mr. Chambers , the magistrate, I applied for the 6s. and duplicates - I was remanded till Tuesday for the waiter at the Swan to come forward to recognise me - the policeman brought the waiter down to the lock-up house, and said, "Is that the man?" he said, "He is not, I know nothing of him whatever" - but the policeman never brought the waiter before the magistrate, and unfortunately there was a fresh magistrate - I solemnly declare I saw the policeman whispering in the witness's ears, telling him not to say any thing the prosecutor had mentioned - Wray, the officer, told him what to say - I had silvered a glass for a man, named Edwards , which came to 18d. - he paid me the 5s. piece, and I gave him the change.
GUILTY - DEATH . Aged 34.
Before Mr. Justice Bosanquet.
2nd COUNT like the first, only omitting to charge the assault, and with intent to disable him.
3rd COUNT like the second, only with intent to do him some grievous bodily harm.
4th COUNT like the second, only with intent to resist and prevent his lawful apprehension by the said William Breckwell, for stealing 8 towels, value 8s.; 1 night-cap, value 10d.; 1 petticoat, value 1s.; 1 apron, value 1s.; and 1 calico cover, value 6d.; the goods of William Bellingham Swan ; and 1 toast rack, value 8s., the goods of Leny Deighton Smith , for which he was liable by law to be apprehended.
5th COUNT like the 4th, only that he was liable to be apprehended for stealing 8 towels, and 1 night-cap only.
6th COUNT like 4th, only that he was liable to be apprehended for stealing 1 toast rack only.
MR. ADOLPHUS conducted the Prosecution.
WILLIAM BREAKWELL . I am a policeman . On the 9th of May, I was on duty on Newington-green , and met two men coming from the Green-lanes - the prisoner was one - he looked very bulky about his person - it was about a quarter after six o'clock - I suspected him, and stopped him - I asked him what he had got concealed - he would not tell me - I said, "What have you concealed there?" - he said, "What is that to you?" - I told him he should not go before I knew - he unbuttoned his waistcoat, and I saw several towels and linen things wrapped round him - I directly made a seize at him, and he tripped me up on my back directly - his companion ran away - we had a scuffle, and he threw me again - I was doing nothing but endeavouring to take the things from him which I suspected were stolen - I then drew my staff, and he tripped me up again directly, wrenched it away from me, and struck me twice on the head with it - the blood ran in large quantities from me, and it almost stunned me - I had got two towels from him - he then threw my staff down, and ran away - he kept throwing things away from him all the way he ran - he ran from Newington-green across a brick field towards Ball's-pond - I found a night-cap in my possession afterwards - whether I picked it up myself or somebody else did I cannot say - I followed him across the brick field to a large bank against a meadow - he ran up the bank, and I got very near him, as a hurdle stopped him - he picked up some large brick-bats and stones, and said, "If you come near me I will kill you" - he threw the brick-bats and stones at me - I was obliged to run away from him fifteen or twenty yards - after throwing them he ran away - I ran up the bank into the meadow, secured him, and took him to the station-house - when I got there I could not stand at all from the blows I had received, and the loss of blood - I was taken from there to Mr. Robinson, the doctor's.
Cross-examined by MR. STAMMERS. Q. Your name is not Breckwell? A. No; Breakwell - about a quarter of an hour elapsed between my receiving the blows and arriving at the station-house - I was running about in the fields part of that time to secure him - the blood did not run immediately after I received the fall - it ran directly he struck me on the head - I was in my police dress - I had reason to suspect the prisoner had committed a felony, as he looked very bulky - I had no warrant, nor any information against him - no charge had been made against him - he struck the first blow - he struck me on the head with my staff - I had not struck him - I laid hold of him - I told him I must take him to the station-house on suspicion of committing a felony - I said nothing more.
WILLIAM BERNARD ROBINSON . I am a surgeon, living at Shackelwell. On the 9th May, I was called in to see Breakwell - I found two large wounds on his head - one about two inches or two inches and a half long, and the other about half the size - they appeared to have been given by a truncheon or stick - a truncheon would have inflicted such a wound - there was a very considerable effusion of blood - it ran all down his coat - I considered the wound dangerous to his life at the time, because such wounds are frequently followed by very serious consequences - he was under my hands three weeks, indeed a month I may say - he was off duty for three weeks.
Cross-examined. Q. Are you able to say which wound was occasioned by the fall, or which by the staff? A. I should say the lower wound was produced by the staff, for if it was by a fall, the scalp would have been torn up - the wounds were about an inch and a half apart - it was not calculated to produce immediate danger - a fortnight may elapse before danger arises - I apprehended inflammation of the membrane of the brain - he is out of danger now, and quite well.
MR. ADOLPHUS. Q. He was for three weeks disabled from doing his duty? A. Yes - I should call the wound a grievous bodily harm.
JOSEPH MELLISH . I am a sergeant of the station where Breakwell was. He came into the station-house on the 9th of May, bleeding very much - his coat and clothes were covered with blood - he gave some towels into my hand which were very bloody - I went with Finch and Cheek to trace out the path the prisoner had gone along - I saw Finch pick up this handkerchief, containing three skeleton and a pick-lock key - they were tied in it - I found a common key on the prisoner - next morning I went to a garden, and had a toast rack given me by Baddiley - two more towels were given to me by a man not present, and another by a witness who is here.
Cross-examined. Q. Which have the blood on them? A. These have blood sprinkled on them - it is six weeks ago, and does not show so fresh as it did at that time - I saw a man pick the keys up in the corner of a field - I never saw them in the prisoner's possession - I searched the field all over in the track I was informed he had gone - I did not go all over the field - the towels are marked "S. W. 1834, No. 8," and the other "G. S."
THOMAS CHEEK . I live in Stoke Newington - I am a gardener. On the 9th of May I was near Stoke Newington, going to master's business - I saw three men walking - one was an Italian boy, with a box under his arm; another young man was with him, with a basket on his shoulder; and the prisoner was walking with them - they were all three walking together, and before they got to the turnpike the Italian gave something to the one who had the basket, who put it in his pocket - and when they got to Newington-green they stopped - the prisoner walked on - I did not lose sight of him - the other two stopped and talked together - the Italian went towards Ball's-pond - when the pri
Cross-examined. Q. What kind of box had the Italian? A. A mahogany box strapped round him - I did not see what he gave to the prisoner - it was something small - nothing like these towels - I saw the first attack - the prisoner kicked the policeman - when the policeman went up to him he touched his breeches pocket, and then caught hold of his collar - he said something to him which I could not hear - then they began to hustle - the prisoner kicked the policeman three or four times - I did not see them fall, as I went inside the lady's house - I gave the policeman the night-cap in the field, directly he pulled it out of his pocket - he ran after the prisoner immediately he ran away, that instant - he threw the night-cap away after he was apprehended.
JAMES FINCH . I am a journeyman gardener, and work for Mr. Smith, in the Green-lanes. On the 10th of May I went with sergeant Mellish and Cheek to a garden, and picked up a handkerchief containing some keys - I gave them to sergeant Mellish.
SARAH STUMP . I live in Henry-street, Kingsland. On the 9th of May I saw the prisoner coming from Newington-green - it was nearly six o'clock - he was running as fast as he could run, and said to me, "For God's sake, mistress, don't stop me, nor yet tell which way I am gone."
Cross-examined. Q. Was that all you saw? A. I saw the policeman pursue him directly after - I saw no part of the scuffle.
RUTH RAMSEY . I am servant to Major William Bellingham Swan. On the 9th of May, one James told me something, in consequence of which I looked about and missed a salt spoon, and a dozen things just come from the mangle - there were eight towels, a petticoat, a night-cap, an apron, and a calico cover - I had seen them safe - they were brought in at twelve o'clock - I saw them between that time and four - James gave me the information about half-past four - the house was entered through the kitchen window - this night-cap was taken away, and the towels - these bloody towels were taken away - they are all part of the mangling things.
Cross-examined. Q. How do you know the night-cap? A. In consequence of the two holes in it - there are two more of the same sort at home, and one of them is worn - I noticed these two holes when I washed them - I could have sworn to it if I had seen it in the East Indies - there is no other mark on it - I could have sworn to it as well there as here.
MR. ADOLPHUS. Q. If your master was in the East Indies you would have sworn to it? A. Yes - I missed the night-cap at the same time as I missed the towels.
ANN INWOOD . I am the daughter of William Inwood , of Newington-green. On Friday evening, the 9th of May, I was at the window of the house sitting at work, to the best of my recollection - my notice was attracted by hearing the words, "You must go with me" - the prisoner refused - I saw it was the policeman and the prisoner - the policeman collared him, and that action was almost instantly returned by a blow, and I believe in the face - the prisoner struck the blow in the policeman's face - he threw the policeman on the ground, and kicked him two or three times when rising - the policeman drew his staff, and it was almost instantly wrenched from his hand by the prisoner - he was thrown to the ground against a stone, and most brutally beaten with the staff over his head, two or three times while he was on the ground - the policeman called"Murder" twice - I was so terrified I had not power to speak or move - I did not see any blood at that time, but I saw the policeman wiping his face, as if wiping blood from it.
Cross-examined. Q. Did you hear the whole of the conversation between the prisoner and the policeman? A. I only heard what I have said - I did not hear the policeman charge him with felony - I heard an altercation, and heard the policeman say, "You must go with me" - I saw the policeman fall - he fell in the road, which was stony - they are paving stones - the stone he fell against was a stone fixed against a wall - he fell against that - I cannot say that it was with any particular violence - it was owing to the prisoner's violence that he fell.
Prisoner's Defence. On the 9th of May, I was coming from my sister's to take tea, and from there went to the New River to bathe - coming from there the policeman stopped me, and asked me what I had - I said, "Nothing"- he said he would take me to the station-house - I refused going - he drew his staff, and struck me across the eye, and then across the back of the head - we stumbled and fell down - I ran away - he called "Stop thief" - I stopped and asked where he was going to take me - he said to the watch-house.
( Henry Acker , ivory-turner, Old Nichol-street; Thomas Thornhill , No. 43, Old Nichol-street; John Corbould , truss-hook maker, Old Nichol-street; James Watts , Newcourt, Milton-street; John Watts , No. 14, Mount-pleasant; and Ann Harniman , No. 45, Britannia-street, City-road, gave the prisoner a good character.)
GUILTY on the 5th Count . - DEATH . Aged 22.
Before Mr. Justice Bosanquet.
897. WILLIAM BURTON was indicted for feloniously assaulting John Vickers , on the 1st of June , at St. Matthew, Bethnal-green , putting him in fear, and taking from his person, and against his will, 11 shillings, his monies .
Q. Well, but you say two men pinned Vickers against the shutters? A. Yes; but when they saw they were watched, the money dropped on the pavement, and one ran away, saying to the other, "Do not be a b-fool" - they were both pinning the prosecutor against the shutters - the other was brought back, who I believe to be the prisoner.
JOHN VICKERS. I am a journeyman weaver ; I live in George-street, Bethnal-green. On the night of Sunday, the 1st of June, I was in Brick-lane, coming from the Black Swan, Brown's-lane - I had been to two public-houses, and had something to drink - I was rather drunk; but I knew what I was about - on going down Brick-lane, between twelve and one o'clock, when I got to the corner of Spicer-street, I saw a man cross over from the other side of the way - he came up to me and struck me on my two hands - that was not the prisoner; it was the man who is gone away - I know him perfectly well by sight, but I have not seen him since - I should know him, if I saw him - the same man then struck me on my cheek-bone, near my eye - he then put his two hands in my waistcoat pockets - he was alone then - I called for the police, when his hands were in my pockets - a shilling dropped from me when he left me - some persons came up during the time the shilling dropped, as he was leaving me - soon after that I saw policeman, H 53 - I told him I had been robbed; and picked up a shilling.
Q. You had only seen one man then? A. At the time I picked up the shilling, I saw several men running; but I saw nobody till I picked up the shilling - at the time the man put his hands in my pocket, there was only one man there - policeman H 53 conducted me back part of the way to the station-house, and the rest of the way I went by myself - I did not want assistance - he took me there as being the prosecutor - I had given him the shilling - I had 15s. in my right hand waistcoat pocket - I lost 10s. out of that sum - I had not put my hand in my pocket since I had received that money, which was a quarter past eight o'clock in the morning - I had 3s. paid me during the day, which I spent the greatest part of at a public-house, at the corner of Booth-street - that 3s. was in half-pence, and in my coat pocket - I had felt my money in my waistcoat pocket three quarters of an hour before I was robbed - I was at the bar of the Black Swan - I put my hand in my pocket, and heard the silver rattle - when I went to the station house, they asked if the prisoner was the man who robbed me - I said no - I never saw him with my eyes till I saw him at the station-house - I did not see him at all at the time I was robbed- they asked me what I had been robbed of - I told them I did not know; there was some money in my waistcoat pocket - I desired one of the officers to put his hand in my waistcoat pocket - he found 4s. and one was picked up - 4s. was all that remained in my pocket - I waited about during the night to see if I could recognise the man who had robbed me - soon afterwards I thought I saw him on the chapel steps, in Church-street - he was along with two females - I followed him down behind, at a very great distance, till I got to the station-house - he was going on towards the station-house - I went into the station-house, when he had passed to some distance, and said I thought I had seen the man; but I had not been up to him to recognise him - two officers went out after him, but, when I looked him in the face, I found he was not the man - I had not seen his face before - I should know the man well if I was to see him.
Q. When you were against the shutter, was there more than one person with you? A. No; not at first - when I took up the shilling, persons were round me - when I got up, I saw several persons round me - no person struck or pushed me, but the man who robbed me.
EDWARD FLANY . I am a policeman. Between twelve and one o'clock on Sunday morning, the 1st of June, I was on duty near Brick-lane - I came to the corner of Hanbury's new brewery - I saw the prisoner at the bar, the prosecutor and another man standing by the baker's shop opposite - I saw Vickers with his back up against the shutters, and saw the prisoner in a struggle with him - both were struggling together as if wrestling - I heard money drop on the pavement, and saw the prisoner run away - the prosecutor called out, "Stop thief, police" - I followed him - the other man disappeared before the prisoner ran away - he went away fast - I heard money drop, but did not pick it up, for I followed the prisoner.
Q. At the time the money fell on the pavement, was there one or two persons by the prosecutor? A. I saw a man standing just by - but just at the time the money dropped the prisoner ran off - he was struggling with the prosecutor just before - I saw another man close by, and he went off first - that man had disappeared before the money fell on the pavement - I pursued the prisoner, and took him in custody running - I am quite sure the prisoner was struggling with the prosecutor - the prosecutor cried"Stop thief" two or three times - I conveyed the prisoner back to where the robbery was committed, and the prosecutor said to me, "That is the man that robbed me" - in my
ROBERT McGOVERN . I am a policeman. I did not see the beginning of this - I heard the cry of police - I had noticed nothing before I heard the cry - I heard a noise, and when I came up I saw a crowd of people, and among the rest was the prosecutor - I came up to him - he told me he was robbed - I did not see Flany then - Vickers was almost drunk, just able to walk a little - he gave me a shilling which he said he had picked up, of what he was robbed of - I asked him what became of the robber - somebody said my brother officer was in pursuit, and presently afterwards I saw him come back with the prisoner - he was shown to the prosecutor, who said "That is one of them," and asked me to protect him to the station-house, as the prisoner was going there - he took hold of my arm going along - as we went along a little distance, my brother officer was before with the prisoner - I saw a struggle - the prisoner and another man were struggling with the officer - the prisoner struck the officer - I let go of the prosecutor's arm, and ran up and laid hold of the prisoner, who was struggling to get away - I secured him, and stopped behind close to watch him - he was taken to the station-house, and there the prosecutor said he was not the man who robbed him - in the mean time, while I went up to assist my brother officer, I left the prosecutor behind, and when I came back I found a great many people talking to him; whether they persuaded him to say so, I cannot tell
JURY to FLANY. Q. From the time you heard the money jingle, did you lose sight of the prisoner? A. No; I was but five or six yards from him - I did not lose sight of him till I got him in custody - I did not lose sight of him till I caught him - I could not describe the other person - the man who ran away wore a long coat, and the prisoner had a jacket.
Prisoner's Defence. I had been to work all the week - I have two brothers left motherless and fatherless - one is about ten years old - a friend called to tell my wife, he would take him at 2s. 6d. a week - I went to enquire about it - on my return home I was taken into custody - I did not know what for - I am quite innocent of the charge - I have no friends except my two brothers.
GUILTY - DEATH . Aged 29.
OLD COURT. - Thursday, July 3rd.
Before Mr. Justice Bosanquet.
898. HENRY JORDON was indicted for that he, on the 17th of June , at St. Martin's-in-the-fields , in and upon Philip Sullivan the younger , feloniously, unlawfully, and maliciously did make an assault, and with a certain sharp instrument feloniously, &c., did strike, stab, cut, and wound him; in and upon his left side, with intent, feloniously, wilfully, and of his malice afore-thought, to kill and murder him .
2nd COUNT stating his intent to be to disable him.
3rd COUNT stating his intent to be to do him some grievous bodily harm.
PHILIP SULLIVAN. I am fifteen years old, and am an errand boy in the service of Mr. Carroll, at No. 12, New-street, Covent-garden. I do not know the prisoner - I was in Newport-street on Tuesday evening, the 17th of June - I had been on an errand for my master, and was returning - I put my leg over a post, intending to jump over it - the prisoner came up to me, and asked if I could do that - I tapped him on the head and said, "Yes" - he had a hat on - he was a stranger to me - he said, "Do not do that, for I cannot afford to buy another" - he had a pocketknife open in his hand, and was picking his teeth with it - I went away from him - he kept grumbling to himself - I turned round and tried to hit him - he had followed me about seven or eight yards - he tried to kick me after I tried to hit him - he then ran away and I ran after him- I shoved him into a passage, and walked on, about as far as from one house to another - I then went out into the middle of the road - he came up to me, and said, "I will stick you" - that was just after I had shoved him into the passage; and he did stick me in the upper part of the thigh - it bled - I said, "He has stuck me" - he walked backwards a little way, then turned round and walked away altogether - I went to a doctor in St. Martin's-lane, and showed him my hip - he dressed it - I stopped there till the prisoner was brought back, and then the policeman took him to the station-house, - he then took me to my master's, and then to the hospital at Charing-cross - my father lives at No, 14, Calmell-buildings, Brook-street, Manchester-square.
NOT GUILTY .
Before Mr. Justice Bosanquet.
899. JOSEPH CHAMBERS and JAMES BOND were indicted for feloniously breaking and entering the dwelling-house of John McLachlan , on the 26th of May , at St. Clement Danes , and stealing therein, 1 sheet, value 1s. 6d.; 1 table-cloth, value 2s.; 1 linen cloth, value 6d.; 1 handkerchief, value 6d.; and one waistcoat, value 6d., his goods .
MARY ANN LITTLE . I am a single woman, and live in Ship-yard, Temple-bar . The prosecutor is a bookseller, and lives nearly opposite to me. On Monday night, the 26th of May, between nine and ten o'clock, I saw two men in the prosecutor's shop - they did not come out - I afterwards saw the two prisoners go into the passage of the house - I saw nothing done inside the house - I saw them pass the shop door; that was all - I called my next door neighbour - we saw a light up in the first floor, and knowing the prosecutor was not at home, a policeman was sent for - I had seen the prosecutor go out.
JOHN McLACHLAN. I am a bookseller , and live at No. 18, Ship-yard. I occupy the shop and first floor - the shopBradwell ; but he is dead - he did not live in the house - the landlord does not live in the house. On the 26th of May, about a quarter past nine o'clock, I went on business to Lincoln's Inn - I had been up stairs about half-past eight o'clock, and saw every thing in its place - there was a sheet there, and table-cloth - I had given six weeks' washing out that morning to the laundress, and was going to put sheets on my boy's bed - the sheets were on a line - there was a table-cloth on the back of a chair - when I left the room, I locked the door and left the key in it, expecting to go up again; but I went out, and returned about ten o'clock - a number of people were about the house - some people were standing at the door - I went into the shop, and there found the key which I had left in the door, was hanging on a nail in the shop - the prisoners had been taken to the station-house - I went up stairs with the key to my bed-room, on the first floor - the door was locked - I opened it with the key which had been hanging on the nail - I found nobody in the room - the sheet was quite gone, and the other things which had been on the back of the chair were down on the seat of the chair - I saw the beds had been disturbed, and, on turning them up, I saw a parcel of eight pick-lock keys, a phosphorus box, and matches; the cover of the phosphorus box had been shown to me down stairs - they do not belong to me.
Cross-examined. Q. Do you occupy the whole house? A. I rent the whole house, and let the second floor; and the other floor is a warehouse - nobody lives in it - I left the key in the lock - any body going to see Mrs. Robinson, who lodged with me, might turn the key and go in - I have found the sheet since.
CALLAGHAN McCARTHY . I am a policeman. On the 26th of May, in consequence of information, I went to No. 19, Ship-yard, with a young man, named Henry Dewick - I found the front door open, and the shop-door also - I went in, and saw two men in the shop, looking at a book on the counter, and stooping down very low - I looked down to see who they were, and did not like their appearance - I turned out, and went up stairs, leaving them in the shop - I saw the prosecutor's boy standing at the end of the counter - he is not here - he was looking at the men, and appeared rather frightened - Dewick came to the house door with me, and stayed there till I turned out of the shop, and then I called him to go up stairs with me; and, when about the middle of the stairs, I saw the prisoner Bond going up the second flight of stairs - I took him afterwards - I went into the first floor room - the door was open - (this was just upon ten o'clock at night) - I saw the other prisoner Chambers standing on the floor facing me, very close to a large chest of drawers - I had a lantern with me - I turned the light into the room, and saw a sheet dropping from his left hand side, rather high - it fell on the floor - when I entered the room door, he made a rush at me to come out, under my left arm, but I pushed him back - he then turned to the window in front, and tried to lift it up - I caught hold of him, and he struggled with me on the floor - I forced him on the bed; but, before that, his hat fell off on the floor - I picked it up, and in it found a handkerchief and a black bag - I put him on the bed, called Dewick, and gave him into custody - I then turned out of the room, and met Bond and a woman on the stairs - I asked how he came to go up there - he said, "I went up to see this woman, she is an acquaintance of mine" - I took hold of him, and said to the woman, in his hearing, "Do you know any thing of this young man?" - she appeared frightened, and said, three or four times, "No, policeman, I know nothing of him, he had no business there" - I then turned him into the room; and, as I was going into the room, Dewick said to me, "This young man, whom I have got here, is putting something into the bed" - I looked, and saw Chambers' right hand thrust between two beds - his left hand was also between the beds - we took both the prisoners to the station-house, with the sheet, and searched him - I found a skeleton-key on Chambers - we returned back, searched between the beds, and found a phosphorus box and matches, and forty-eight skeleton keys - when we left the room, we pulled the door after us, and told the shop-boy to fasten it- when we came back, I found McLachlan there, and he opened the room door for me - we found this table-cloth on a chair, and this hankerchef, and an old table-cloth and waistcoat along with it - I brought them away with me- the handkerchief found in his hat is not claimed by the prosecutor.
Cross-examined. Q. You found none of the property on Chambers? A. No; nor on Bond - I found only one key on Chambers - when I first went up stairs, Chambers was in the room, standing by a chest of drawers, about a space from the door.
Q. Are you quite sure you did not meet him, and he made way for you, and go in the room? A. Certainly not- he did not move before I entered the room - the door was open, and I saw him standing there, and Bond going up the second floor stairs, where a Mrs. Robinson lodges - Bond told me that he was going to see Mrs. Robinson, who appeared very much frightened when I spoke to her.
HENRY DEWICK. I accompanied McCarthy to the prosecutor's house - I saw Chambers in the bed-room, on the first floor, and Bond was proceeding up the second flight of stairs - I went with the constable, and assisted in securing Chambers, who I found in the room - I saw him drop the sheet, which fell on the ground - he attempted to get out of the room, and the policeman stopped him - he then pushed towards the window to attempt to get out - McCarthy pulled him towards the bed, and gave him into my custody, while he went and took Bond - I saw Chambers shuffling something under the bed, but I did not know what it was at the time - after he was taken to the station-house, we searched under the bed, at the part where I saw him put something, and there were about forty-eight skeleton keys - I saw a table-cloth and other things lying on the seat of a chair.
Cross-examined. Q. You saw him shuffling about, were your near him? A. Close by him - I had hold of him - the policeman had left him at that time - I called out that he was secreting something under the bed - he could have secreted those keys without my hearing them jingle, because they were tied up.
MR. McLACHLAN re-examined. All the things produced are mine - the sheet was on the line when I left the room - I know nothing of the skeleton keys - I
Chambers' Defence. This young man asked me to accompany him to No. 19, Ship-yard, to a shoemaker's who lived there - I said I would - we were going up stairs - I asked which room he lived in - he said, "Come on up stairs" - he went on up stairs - and in a few minutes afterwards this man came up, and dragged me into the room, knocking me down on the bed with his staff - the key that was found on me belongs to the room I live in - I never had the skeleton keys in my possession.
Bond's Defence. I went to No. 19, Ship-yard, to see Mrs. Robinson - I asked this man to come with me - he said he would - when I went up to Mrs. Robinson, she said how was I - I said very well - she asked what I wanted - I said "I have come to ask Mr. Robinson whether he would give me a job" - she said he was not at home, I must come again in about an hour - we were coming down stairs - I heard a noise in the court, and the policeman met Chambers turning the corner of the stairs, he up with his staff, knocked him down, and drove him into the room - I ran up stairs to Mrs. Robinson - she came down, and said she did not know any thing of me.
( Thomas Wigley , of Ship-yard, Temple-bar, James Atkinson , No. 15, Plough-street, Fetter-lane, and James Boys , basket-maker, Ship-yard, gave the prisoner Bond a good character; and John Morris , of No. 4, Duke-street, Lincoln's-inn-fields, shoemaker, gave the prisoner Chambers a good character.
CHAMBERS - GUILTY . Aged 26. - Transported for Life .
BOND - GUILTY. Aged 26. - Recommended to mercy on account of his previous good character . - Transported for Seven Years .
Before Mr. Justice Patteson.
900. WILLIAM BLACK and JOHN ROBINSON were indicted for feloniously breaking and entering the dwelling-house of James Reade , on the 19th of June , at St. Marylebone , and stealing therein 17 silver forks, value 15l.; 4 silver ladles, value 7l.; 34 silver spoons, value 20l.; and 2 silver slices, value 2l.; his goods .
CATHERINE TODD . I am housekeeper to Mr. James Reade, who lives in Devonshire-street, Portland-place . On the 19th of June, about half-past ten, I was left alone in the house - I fastened the door leading into the area, and went up stairs - it was fastened by a latch, and could not be opened outside without force - it was quite fast - the glass in the door was whole when I went up stairs - I came down in about twenty minutes, or half an hour, and observed the area door open - I went into the area, and could see nobody there - I returned and went to the pantry where the plate was kept, and I found it was all gone - I missed silver spoons and forks - I went and examined the area door, and found a square of glass broken at one corner, so that a man's hand could be put in to unfasten the latch - there was nobody but myslef in the house - I am quite sure I had left that door fast.
Cross-examined by MR. CLARKSON. Q. You know nothing of Black? A. Nothing - the house is in the parish of St. Marylebone.
WILLIAM CHILD . I am groom to Mr. Reade. On the morning of the 19th of June, about ten o'clock, I went into the City with master - I got home about half-past twelve - I had left the plate in the pantry cupboard - it was safe when I went out in the morning - I saw it about nine o'clock that morning.
JAMES PALMER . I am a tailor, and live at Camden New Town. On the morning of the 19th of June, about ten minutes or a quarter past eleven, I saw the prisoners coming up the top of Upper Norton-street, and I was coming up the New Road - they both ran round the top of Norton-street together - I stood and looked at them - they ran away up Osborn-street, by Trinity church - while I stood there a policeman came up - I gave him information - I followed him and came up to them, and took them both by the collar - I saw Robinson chuck some spoons up in the air - it appeared to be spoons - when they fell on the ground they were in a small paper parcel - I picked up one, and put it in my hat - it was taken to the station-house - I saw some spoons and forks taken from the prisoners at the station-house by the policeman.
Cross-examined. Q. How far from Mr. Reade's did you see them? A. About a quarter of a mile.
WILLIAM LEITH . I saw the prisoners in Osnaburgh-street, near Trinity church, about ten minutes after eleven, as they passed me - they had some parcels under their arm, tied up in pieces of newspaper - I could see the end of some silver forks sticking out of one parcel - they were walking fast - each had parcels - they were about a quarter of a mile from Devonshire-street.
WILLIAM DRINGLE . I am a hair-dresser. On the morning of the 19th I met both the prisoners at the bottom of Frederick-street - they were running down the street - I saw them apprehended - Black had a hat under his arm at that time full of plate - I saw nothing on Robinson.
WILLIAM FULLER . I am a policeman. On the 19th of June I was coming down the middle of the Portland-road - I saw a man who has escaped beckon, and Black, who was at the corner of Devonshire-street, crossed from one side to the other, and looked into a cabinet-maker's shop - I followed the other man up Carburton-street - Black turned back and went up Portland-road - I turned back and met the two prisoners - when they saw me they turned short back, round by a dead wall, out of my sight - I ran to the top, and Palmer informed me that they were gone up Osnaburgh-street - I pursued to Frederick-street, and somebody had stopped them there - I took hold of Black - he had his hat doubled up in his arm, with part of the plate in it - I took it from him, and delivered it to Dringle - when I collared Robinson I asked what was under his arm - he said,"What is that to you?" he took it from under his arm, and threw it up in the middle of the street - it was a paper parcel - it was picked up and put into the hat with the other - Dringle walked with me to the station-house, and there I searched Black - he put his hand in his pocket, pulled out some more plate, and threw it on the table with the rest - I produce it - I found a pair of scissors, a knife, and latch-key on Black, and a latch-key on Robinson.
CATHERINE TODD re-examined. I have not the least doubt of these being master's property - I know them very well - they are not marked - I only know them by their
Cross-examined. Q. Did not the policeman point out the scratch to you? A. I have washed it repeatedly and know it - I observed the scratch repeatedly before - I knew Robinson before - he used to come backwards and forwards to the house as a porter - his wife was servant there before me, I believe.
Black's Defence. I have been the dupe of Robinson - he prevailed on me to join in the business, and in an unguarded moment I consented to his wishes - I was never accused of any thing in my life before - his offers to render me different services induced me to place confidence in him- I knew nothing of his intention, till two hours after he says the offence was committed - I trust the character I have always sustained will weigh in my favour - I do not deny participating in the offence, but I have been made the tool of Robinson.
Robinson. Instead of my leading Black into it, he led me into it - as he speaks against me, I think it right to speak against him.
( James Jones , of Earnest-street, Regent's-park; Prudentia Lewis , Brook-street, New-road; Ann Turner , Clarence-gardens; Thomas Brown , Munster-street, Regent's-park; Samuel Lane , Green-grocer, Munster-street; Thomas Kennerly , Little Albany-street, Regent's-park; Thomas Wheatley , Brook-street, New-road; and Mary Raw , Little Charles-street, Hampstead-road, deposed to Black's Previous good character.
BLACK - GUILTY. Aged 19. Recommended to mercy on account of his previous good character. - Judgment Respited .
ROBINSON - GUILTY . Aged 23. Transported for Life .
First London Jury, before Mr. Recorder.
ROBERT PLUMPTON . I am a tailor, and live in Whitechapel. On the 27th of May, I was near the west end of Lombard-street, at a quarter past nine o'clock - I saw the prisoner, as I was walking in front of the Mansion-house, with two others, all on a sudden make a start - I instantly followed them - I saw the prisoner take from the pocket of Mr. Bailey a handkerchief - I crossed over and tapped Bailey on the shoulder, and the prisoner ran away - I followed and collared him - he commenced a violent attack on me- gave me a blow in the right eye, and knocked me down - I got up, over took him, and laid hold of him - he knocked me down again - I got hold of him - he turned round and became more violent than before - I called "Murder," and brought a City officer to my assistance - I saw the handkerchief picked up, and am certain I saw the prisoner take that handkerchief from Bailey.
Prisoner. You struck me two or three times. Witness. I did not.
DANIEL BAILEY. On the evening of the 27th of May, I was passing near the end of Lombard-street - my attention was called by Plumpton - I found my handkerchief gone from my pocket - I do not know when I last felt it safe - the prisoner was pointed out to me - we pursued him, and in the track he had taken the handkerchief was picked up, and given to me - I had run over it.(Property produced and sworn to.)
Prisoner's Defence. I was going home when he said I picked his pocket - it is no such thing.
GUILTY . Aged 34. - Transported for Fourteen Years .
JOHN CROSSLEY. I live on Holborn-bridge. On the 25th of May, I was in Holborn , and missed my handkerchief - I turned round and saw the prisoner running away through Bartlett's-buildings - I ran after him, and saw him take my handkerchief from his breast and throw it away behind him - I picked it up, and gave him into custody.(Property produced and sworn to.)
GUILTY . Aged 17. - Confined for Three Months .
CHRISTOPHER SMITH. I am concerned in the Royal Copper Mine Company in Dowgate ward - on the night of the 13th of June, I was in Skinner-street, Snow-hill - I received information, put my hand in my pocket, and missed my silk handkerchief - I followed the prisoner and seized him - he denied the charge.
THOMAS THOMAS . I live in Bartholomew-terrace, City-road. On the 13th of June, I saw the prisoner take a handkerchief from Mr. Smith's pocket - he threw it back to a companion who ran off - I informed Mr. Smith that the prisoner had taken his handkerchief - he secured him - I am quite certain the prisoner took it.
Prisoner. I told him he was wrong - he at first said a man was begging alongside the gentleman. Witness. I did not - I saw a tradesman who said he had been watching three of them nearly all night, and that one of them had asked the prosecutor for charity - he ran off when the prisoner was pursued.
Prisoner. I had been to my sister, at No. 53, Leather-lane - the gentleman came up to me, and said, "Young man, I think you have picked my pocket" - I said, "You are wrong, and are welcome to take me" - I walked into a pastry-cook's shop while he went and brought the officer - the young man said he thought he saw me take it and give it to another - at Guildhall he said he actually saw me take it - I was one hundred yards off, and made no resistance to get away - he never laid hold of me.
C. SMITH re-examined. He did not propose to go to any shop to wait for an officer - he was never three yards from me - I had a lady with me - I put her into a shop and followed him - he did not know I was behind him - he was walking on - I seized and took him into a pastry-cook's shop - I am quite certain he is the person Thomas pointed out to me.
GUILTY . Aged 21. - Confined Three Months .
JOHN BESEMERE . I am a slopseller , and live in Houndsditch . The prisoner was my porter on the 21st of June, and was employed to receive money on my account - his directions were, immediately that he returned from receiving money, to pay it over to William Duncum , my clerk - I have not received 5l. 1s. 9d. on account of Cockburn.
Cross-examined by MR. STAMMERS. Q. Have you any partner? A. I have not - I have a collecting clerk whose duty it is to receive money for me - I hired the prisoner as porter - it was in his employment to receive money where it was offered to him - he was not ordered to receive this money to my knowledge - it was his duty to pay it over to the clerk.
WILLIAM DUNCUM. I am clerk to Mr. Besemere. It was the prisoner's duty to pay over to me any money which he received - on the 26th of June, I asked him if Mr. or Mrs. Gibbon had paid him any money on taking a parcel to their house - he said, "No; they did not pay me, as there was some demur respecting discount" - I said, "How is it you gave a receipt and took the right discount?" - he said,"I dare say if I go up there I shall be able to make it right" - I said, "Mr. Gibbon says, as he has a receipt from you, he will not pay it again - you say it is not paid - I must mention that to Mr. Besemere, and we shall both have to go up there" - on my leaving the warehouse to tell Mr. Besemere, he called me back and acknowledged having received it, and bought some clothes with it, and he tendered me some money on account of it - I do not know how much it was.
Cross-examined. Q. You cannot say it was not the full amount? A. I cannot - this occurred on Saturday, and my attention was drawn to it on Thursday.
Q. On previous occasions had not as much time elapsed between his receiving and paying it? A. No - I always considered he paid it the moment he brought it back - he might have come home after eleven o'clock, after I retired to rest, and given me the money next morning - he offered to pay me the money in less than five minutes of his denying having received it - I cannot be mistaken with regard to the circumstance - he said there was some demur about discount, and on that account they did not pay him.
JOHN COCKBURN . I lodge with Daniel Gibbons , at No. 19, Coventry-street, Haymarket. I had bought some shirts of the prosecutor on the 20th of June - they were sent up on the 21st, and I paid the prisoner - I have the receipt - it was not stamped - I saw him write it.
Cross-examined. Q. Is that the only paper relating to the transaction which you have? A. There was another bill which was added to it - an amount of goods bought on the 26th of May - I had had a transaction with him a month before, and that was not paid for - this payment is for the whole amount.
Prisoner. The gentleman did not pay me the money - I received it from Mrs. Gibbons. Witness. Mrs. Gibbons gave me the cash out of her box, and I paid it to you.
Prisoner. I had no intention of keeping the money - he asked if I had it - I just concealed it for a moment, because there were so many people about, but as soon as I saw him alone I acknowledged it, and offered him the whole amount.
WILLIAM DUNCUM. He had from half-past seven o'clock in the morning until ten at night for six days, to account to me for the money; and he had settled accounts in the mean time to the best of my belief.
Q. You sent him with the parcel, and saw him after that, did you ask him if he had received the money? A. I did not.
NOT GUILTY .
WILLIAM GORTON. I am a fishmonger , and live in Gutter-lane . The prisoner was a clerk in my father's employ - on the 18th of June, about twenty minutes to three o'clock, I marked some half-crowns, shillings, and six-pences - I put them in a till in the counting-house - I went to the till in an hour and a half, and missed two half-crowns - I got an officer, and told the prisoner I understood from one of my servants that he had been robbing me, but I did not believe he could behave so ill to me, and would not believe it until I had it proved he had the money - I asked if he objected to be searched - he said no - he brought out half-a-crown, and a shilling, which were not mine; and, as he pulled each coin out, he said, "Is that yours?" - I said no- at last he pulled out two half-crowns - I said, "These are mine" - they were marked, and I gave him in charge.
Cross-examined by MR. DOANE. Q. Did you mark these yourself? A. I did on the 18th of June - he had been about nine months in my employ - I had no character with him - he came to me merely to make out a few straggling accounts, and to collect money for me, for which I used to give him 7s. a week, exclusive of his breakfast and dinner, and other things I made him a present of - he was to stop as long as he liked, and when he could better himself, he was to leave - I only employed him because he had nothing to do - I had a brother-in-law before he came to me, and his employment was to market for me, and he partly kept my books - he was in my employ when the prisoner came - his duty did not devolve on the prisoner when he left - occasionally it did, but I generally posted the books myself - he kept the books partly - I wrote more in them then he did - I made no additional remuneration for that, except presents I gave him - his dinner and breakfast cost something.
Q. During the last few weeks, did you continue to give him the 7s. a week? A. I believe so - he was always paid the 7s. per week - I never paid him myself scarcely - he, I believe, owes me money now - I did not, myself, pay him the last four weeks - he did not make much objection to be searched - he began to shake a little - he was about nine months in my employ.
COURT. Q. The prisoner has been in better circum
MR. DOANE. Q. Are you quite sure he received more than 5s. for the 7s. lately? A. When he asked for money, he had it - he entered it himself; I always trusted him- he might not have had 5s. in a week; but, taking the four weeks, he had 20s.; I cannot say - whenever he wanted money, he said, "I want so and so" - I said, "Here, take it, and put it down."
COURT. Q. Did you allow him to take money out of the till without asking for it? A. No; if he wanted a few shillings, I gave it him - he would put it in a little book, containing an account of his wages - I am so busy sometimes, I cannot attend to it - he did not ask me for money that day - I trust to himself to put it down.
GEORGE CHANEY . I am an officer. I apprehended the prisoner, and went with Gorton into his counting-house - he told the prisoner the other servant had informed him that he was in the habit of taking money from the till, and putting it in his own pocket - he said, "I don't believe you would do it - but have you any money now in your possession?" - the prisoner said, "I have" - he said"Produce it, or you must submit to be searched" - he produced some money on the table, took up one half-crown, and said, "Is that yours?" - Gorton said, "No" - he produced a second, and Gorton said, "This is mine; I marked it to-day, and will swear to it, and three half-crowns likewise" - Gorton said, "There is the remainder of the money in the till, which is all marked."
(The prisoner put in a written defence, declaring his innocence, and stating, that he had placed 5s. in the till, and taken out two half-crowns to repay a friend, of whom he had borrowed that sum in half-crowns, and desired to return it in the same coin. Several very respectable witnesses gave him a most unexceptionable character.)
MR. GORTON re-examined. I had 1l. 1s. left in the till- I had placed 1l. 6s. in it - I had locked the till and had taken the key with me, so that there should be nobody go to it - I had left 1l. 6s. in the till, and found 1l. 1s. in it - nobody could get to the till, because I had locked it - I gave my little girl a caution to put in her own pocket whatever was paid - I put the money in myself - nobody was allowed to go to it, or give change - I marked the money about half an hour before I missed it - I found no money in the till that was not marked.
NOT GUILTY .
906. JOHN DANIEL ENGLISH and JAMES DOWLING were indicted for stealing, on the 24th of May , 1 purse, value 6d.; 2 sovereigns, 1 half-crown, 9 shillings, and 5 sixpences, the goods and monies of Susannah Brown , from her person .
SUSANNAH BROWN. I am a widow , and live in Lawrence-street, Chelsea. I got into an omnibus in the Strand, on the 24th of May - the prisoner Dowling got into the same omnibus, and sat next to me, on the right hand side; and in about two minutes he went to the opposite, and soon after English got in, and sat next to me on the same side, the right side - there was not sufficient room for him, but he thrust himself in - he observed that he expected a friend in, and went to the opposite side of the coach - there was plenty of room on the other side - he unnecessarily crowded me - another person came in, and he also sat by me- there was still more room on the opposite side - there were only two persons on my side, but there was not room, because we sat close together - an elderly woman was next to me at first - the third person rode about 100 yards and then wished to get out - upon that English observed that it was very warm, and he should get out - he stopped the omnibus and got on the steps, and then the conductor asked me if I had lost any thing - I said I had not at first, but I put my hand into my right hand pocket, and missed my purse - the conductor charged English with having my purse, and stopped him - he denied having it, got down and ran away - while this was going on, Dowling said he wanted to get out - I pulled him back by the advice of the conductor, and then he did not attmept to get away - my purse was safe two minutes before I got into the omnibus - there were two sovereigns, and 12s. or 14s. in silver in it - I cannot exactly tell the silver - it was a green silk purse - I have not seen it since.
Cross-examined by MR. PHILLIPS. Q. Was it very warm in the omnibus? A. It was a very warm day - I did not think the omnibus particularly warm - there were not more than three males, and two ladies besides myself, and a boy in it - there was my daughter on the opposite side to me, and an elderly woman and the two prisoners on the opposite side - I could have gone to the other side if I was incommoded - there was no conversation going on - it was on English's going out that the charge was made - he was the second that went out.
Q. If you were in an omnibus, and a charge of robbery was made in it, should not you be very glad to get out? A. Undoubtedly I should - Dowling was searched - nothing was found on him - I saw no communication whatever between them.
THOMAS WILSON . I am conductor of the Blackwall omnibus, No. 5,332. I was in the Strand - the prosecutrix and another female got in - there were two women in before this occurred - the prosecutrix got in at the Red Lion in the Strand, and English about forty yards further - he sat on the left hand side of the other lady - he did not sit near the prosecutrix - that I saw - Dowling, when he got in, sat close to the prosecutrix - he took off his hat and had his handkerchief in his hat, close to the lady - I did not observe him change sides - one gentleman got out at Shoe-lane, who had got in shortly after the prosecutrix - he was the third man that got in - I perceived something in his left hand like a purse - he put his hand in his right hand pocket to pull out a 6d. to pay me - I went on a little, and directly after English went to get out, and seeing the man with the purse in his hand excited my suspicions - and English getting out so shortly afterwards, I said to the lady, "Have you lost any thing?" she said, "No;" but on feeling, said her purse was gone - I stopped English on the steps - he gave me half-a-crown to take his fare - I had not change - he said, "I have smaller change in my pocket" - I said I must detain him for the robbery in the omnibus - he went down Shoe-lane - I called to the coachman, who got off, and went down Shoe-lane and secured him - English ran off,
Cross-examined. Q. People get out when they like, do not they? A. Yes; and sometimes if they see a companion in the street - English was not on the same side as the prosecutrix at all - I peep into the omnibus now and then, and see where the different people sit - I did not see the other man hold any communication with any body - seeing Dowling sit close to the lady, made me take notice of them, and seeing the other gentleman and the two prisoners all three getting in so close together - they all got in within forty yards of one another - I suspected something when I saw the purse - it was not in my thoughts at the moment I saw the purse in the man's hand - the omnibus went on after the gentleman got out with the purse in his hand, as far as St. Bride's church, about twenty yards.
Q. Do not you help ladies into the omnibus when they get in? A. Yes - I did not help this lady in; I stood on my place - there was another omnibus near - I had the door in my hand - the other omnibus was only going to the bank - the prosecutrix was going to the Commercial-road - she stopped us - I was not searched - I have been conductor to the omnibus two years - if twenty or fourteen persons had been in the omnibus, I should have stopped every one of them if I had suspicion - I saw something like a purse in the man's hand - it was green - I did not say that before the magistrate - I never heard the lady say it was green, before she said it here - I was not asked the question before, and I was so flurried by the prisoner's solicitor, I hardly knew what I was about - the solicitor did not ask me the colour of the purse - I am sure I did not mention another colour there.
Q. How did you happen to remark the purse in the man's hand? A. It was strange, he having a purse in his hand, should put his hand in his pocket to pull out silver - I suspected it was not right - the prisoners did not hold any communication with the man to my knowledge - I cannot tell who robbed the lady - he might have done it unknown to the prisoners - English was the man who attempted to get away, when I charged him with being concerned in the robbery.
MRS. BROWN re-examined. There might have been one half-crown in my purse, but not more, I am sure.
NOT GUILTY .
PETER CHESTER CHADWICK. I live in Jewin-street. On the morning of the 23rd of May, I was in Aldersgate-street - I felt a push against me - it was the prisoner and another one gave me the push with their elbows - I immediately missed my handkerchief - I saw the prisoner thrusting it into his trowsers pocket - I collared him immediately, and said he had got my handkerchief - he said he had not- I forced my hand into his trowsers, took it out, and gave him in charge.
Prisoner. Q. Do you swear I took it from your person? A. No; I felt a push, and found it in his pocket, not half a yard from me - I was coming through a little alley - they were both pressing on me, as close as they could.
Prisoner's Defence. About ten o'clock in the morning I was going to Hoxton to transact business for a friend, and in passing through the passage I picked up the handkerchief in question - the first impression of my mind was, that it belonged to one of two persons who had passed through the passage rapidly, into Aldersgate-street - the prosecutor asked me if I had got it - I said no, believing the owner to be one of the two who had gone on.
MR. CHADWICK. When I took him, he said, so help him God, he had not got it, and resisted my taking it from him; but when I got it, he said, he did not take it from my pocket - I had felt one hand at my pocket, and another shoving me, and saw him shoving it into his pocket - if he did not take it, he must have seen it taken, he was so close to me.
GUILTY . Aged 21. - Confined Three Months .
HERBERT SIMMONDS. I live in Southampton-row, Russell-square. On the evening of the 22d May, a little after seven o'clock, I was passing throught West Smithfield - at the top of Hosier-lane , I felt something at my pocket - I felt, and missed my handkerchief - I turned round, and saw the prisoner running away - I ran after him to the bottom of Hosier-lane - there he took his hat off, and took my handkerchief out of it, to throw it away; but I stopped him and took it from him - I have inquired, and he bears a good character.
Prisoner's Defence. I picked it off the pavement, going down the lane - I heard the gentleman call, "Stop thief!'- I ran, of course, and a man stopped me.( Henry Tomkins , of Hosier-lane, gave the prisoner a good character.)
GUILTY. Aged 19. - Recommended to mercy .
Confined Three Months .
HYAM ANSELL. I live in Savage-gardens. On the evening of the 17th of June I was in Aldersgate-street , opposite Jewin-street - I felt a tug at my coat - I turned round, and put my hand in my pocket - I missed my handkerchief - I then turned round, and saw the prisoner behind me - I was not positive he had taken it, but I observed him close to me
Cross-examined by MR. STAMMERS . Q. What reason have you to suppose the party was connected with him? A. Because they came round me immediately. He hit me the blow - they came running from the opposite side - they hustled me, and I tore myself from them - I had accused the boy of theft - I believed that, because he was a very short distance from me when I looked round - when I looked round, and saw him, there might be two or three persons near him - there might be persons as near to me as he was - I saw him attempt to pick another pocket - he put his hand into the pocket of a gentleman who was looking in at a window - the gentleman moved on, and I immediately collared him, and said, "You have just now robbed me" - I think I called him a scoundrel.
JOHN TOWNSEND . I saw Ansell lay hold of the prisoner, who struck him a tremendous blow in the eye - about six or eight came from the opposite side of the way - some pulled the gentleman, and some pulled the prisoner - I immediately called a watchman - the prosecutor had hold of the prisoner when they first came up - it was about a quarter after nine o'clock - I saw the prisoner chuck the handkerchief out of his hand - it was a red one - he threw it among the mob - I do not know what became of it.
Cross-examined. Q. The people wished to prevent them fighting, I suppose? A. I cannot say - I saw Ansell collar him - the prisoner struck before they came over - the prisoner's hat was knocked off - I think it was a red handkerchief he threw away - I was close to them - I have had no conversation with the policeman on the subject - I went into the watch-house and told the night officer I saw it all - the watchman came up - I showed him the prisoner, and he took him for striking the blow.
H. ANSELL re-examined. I lost a red silk handkerchief - I gave him in charge for felony and assault.
Cross-examined. Q. Did you go to the watch-house with him? A. Yes - the charge was assault and robbery - both charges were given at the same time - Ansell mentioned both at the same time.
H. ANSELL re-examined. Q. Were you not standing with what the Jews call a "cutter," and did you not turn round, collar the boy, and call him a thief? A. Certainly not - no handkerchief was produced to me at any place - I am confident the prisoner said nothing to me about the handkerchief.
J. TOWNSEND re-examined. I saw the prisoner throw a handkerchief away out of his hand - not from his hat - I think it was a red one.
GUILTY .* Aged 18. - Transported for Seven Years .
NEW COURT. Thursday, July 3, 1834.
Fourth Middlesex Jury, before Mr. Common Serjeant.
911. JAMES DONOLDSON was indicted for stealing, on the 29th of May , 9 shillings and 1 sixpence, the monies of Richard William Griffin , his master , to which he pleaded GUILTY . Aged 14. - Confined One Day .
914. MARTIN FLETCHER was indicted for stealing, on the 27th of May , 1 coat, value 10s.; 2 cloaks, value 14s.; 1 umbrella, value 3s.; 1 shawl, value 2s.; and 1 napkin, value 1s. , the goods of William Royston Miles , to which he pleaded GUILTY . Aged 12. - Transported for Seven Years .
HENRY SPURGEON . I am footman to Maria Saintsbury , of York-place, Marylebone . On the 23rd of May I was coming down stairs, and saw the prisoner going out from the area with two boxes under his arm - I followed, and called "Stop thief" - the officer came up, and brought him back with these boxes.
MARY ANN SPRIGGS. I am housemaid there - these are my boxes - they were in the housekeeper's room, the door of which was open.
- (police-constable, D 131.) I took the prisoner with these boxes.
GUILTY . Aged 19. - Confined Four Months .
WILLIAM FOSTER. I live in Lower Rosoman-street, Clerkenwell, and am a coachmaker . On the 16th of June, I was in St. Giles's , between three and four o'clock in the afternoon - I had been to the Crown public-house with Harriet Rich - I did not see the prisoner in the house; but when I came out he was standing on the curb with several persons - he ran out from among them, and snatched at my watch chain, as I was on the foot-path - he ran away with it, and reutrned to the same spot where he ran from - my chain broke when he seized it - he took away the
Prisoner. I never touched the chain - I never moved from the place - the prosecutor was half tipsy.
HARRIET RICH . I was with the prosecutor - I saw the prisoner snatch his chain - the prosecutor had been drinking part of a pint of ale with me, but he was not tipsy - I was coming out of the Crown, and the prisoner snatched at his chain - I went and got the policeman - I never saw him before, but am sure he is the man - there were two or three young men with him - when the policeman came and took the prisoner, he struck the prosecutor.
MICHAEL KELLY (police-constable, F 143). I was on duty, and was called to take the prisoner - when I took him, he struck the prosecutor on the side of the head - I took him, but found nothing on him - I received this part of the chain from Mason.
GEORGE BLOXHAM . I live in Tower-street, Upper St. Martin's-lane - I attend gentlemen who are in lodgings - I attend Mr. Mark , a surgeon, No. 44, Frith-street, Soho - I was going past the Seven-dials on the afternoon in question - I saw the prisoner standing there with a flower in his bosom - he was talking to two or three men - the prosecutor came up and said, "Are you the person who passed me just now?" - he said, "I did" - "Then," said the prosecutor, "you have robbed me" - he said, "Of what? I am sure I did not" - he said, "You did; and if there were a policeman here, I would give you in charge" - there was a policeman went across, and some person said, "There is a policeman," but he did not give him in charge of him, but waited a quarter of an hour till this policeman came and took him. NOT GUILTY .
FREDERICK THOMAS HALLAM. I live in Brown-street, Drury-lane : I am a surgical-instrument maker . I had a clock hanging in my work-shop, on the 9th of June - I saw my clock the next day, at English's - this is it - my window, which looked out on the leads, had been broken open, and the work-shop entered.
MATILDA INGLISH . I live at No. 23, Great Earl-street; my husband is a broker - on the morning after the robbery, I went through my shop to empty my tea-pot - the prisoner came to sell this clock - I did not speak to him - I never saw him before - I saw him sell it for half-a-crown - there were two more persons outside the door, but I did not notice them at all - there were no weights to the clock - the prisoner said he would bring them in the course of an hour - he sold these fire-irons with the clock - we put the irons into the old iron.
Prisoner. You say I am the man - I only passed you in the shop. Witness. I am sure you are the man, you had a short coat on.
JOHN INGLISH . This clock was brought to my shop, and these irons, by the prisoner, to the best of my belief - I never saw him before - he certainly resembles the man very much - he is the man to the best of my belief.
Prisoner. You stated at the office you did not know me.
Witness. I said to the best of my knowledge you were the person who came to my shop - you asked me if I would buy a clock and set of fire-irons - I said, "Where are the weights and the pendulum?" you said you were moving, and should find them presently - you asked 3s. 6d. for them - I offered you half-a-crown - you went out, came back, and said you would take it - you are the person to the best of my belief.
HENRY KNOWLDEN . I am in the service of Mrs. Elizabeth Jones - these tongs and fire-irons are hers - I had them to clean some months ago - I began to clean them - they were then put away, and the servant oiled them - I missed them about twelve o'clock on the day they were found at the broker's - I had seen them about a month before they were lost - on the Saturday before I had seen the prisoner on the leads, while I was at work in our shop - he looked into our shop, and then into Mr. Hallam's.
Prisoner. The place he speaks of is at the back of the house I live in, at Short's Gardens - I was coming from the water-closet, and there is an old lumber room which they are making into a dwelling-room - I went on the leads, and their window comes out on the leads - I could not avoid seeing them, nor they seeing me - I was taken from my bed at nine o'clock in the evening - there were three other young men taken; one of them had vitriol all over his trowsers, and the master said the bench had been overturned, and the vitriol spilled; but that young man was discharged.
GUILTY . Aged 19. - Transported for Seven Years .
Second Middlesex Jury.
THOMAS DUNCAN . I live at Hornsey. On the 27th of April I saw the prisoner and James Norris throwing at Mr. Grinder's duck and drake, which were on the New River - they got them out of the river, and Blanche tied them up in a handkerchief, and threw them across the river to Norris on the other side; Blanche then went over the bridge to Norris - they went away together.
Cross-examined by MR. PHILLIPS. Q. When was this? A. On Sunday afternoon, about five o'clock - it was daylight - they saw me.
WILLIAM GRINDER. I heard of this and went after my ducks - I overtook the prisoner, who was wringing his handkerchief - I asked what he had done with the ducks - he said he had not got any - I said he had better tell me where they
Cross-examined. Q. Did he say they were his brother's? A. Yes - he was taken at the King's Head skittle-ground afterwards.
NOT GUILTY .
CHARLES THORP. I am thirteen years old. I know the nature of an oath - I live in Chapman's-gardens, Hackney-road - I had a box with some things in it - I went out at six o'clock in the morning on the 24th of May - I returned at eleven o'clock at night - when I went into the room I saw a cap on the floor which had been in my box in the morning - I found the box had been broken open, and the lock laying inside it - I missed two pair of trowsers and one waistcoat which had been safe that morning - this is the cap.
JOSEPH THORP. I am father of this witness. I examined this box and missed the articles - I had seen it safe at eight o'clock that morning, and locked as I went to it for a handkerchief, and could not get one - it was in the bed-room, which was not locked - a person could get into the bed-room by going through an empty house adjoining.
THOMAS PAMPHILLON . I live in Chapman's-gardens, next door to Mr. Thorp. On the afternoon of the 24th of May, I saw the prisoners come out of Mr. Thorp's back window at five minutes before five o'clock - I asked Daniels how he came there - he said Mr. Thorp gave him the key to go in - there is an empty house adjoining - I am sure the prisoners are the boys - Delaforce had a bundle in his hand, and while they were in the room, I heard Daniels say to him, "Why don't you hold your row?"
Delaforce's Defence. I was working that day from half-past seven o'clock till a quarter to ten o'clock at night.
(Daniels put in a written defence, stating that he was at home till two o'clock in the day, and that he was in the neighbourhood of Stepney and Whitechapel during the rest of the day.)
T. PAMPHILLON re-examined. Q. Are you sure of their persons? A. Yes; I had not known them before, but I am sure they are the boys - I did not know where to find them, but the officer inquired, and found one in Simpson's-place.
WILLIAM ROUSE . I am an iron-dealer, and live at No. 2, Wheeler-street, Spitalfields. Delaforce was in my service - I sent him on the 24th of May, with John Todd, to No. 29, Half Moon-alley, Bishopsgate-street, at a little after four o'clock - I deal in marine stores - he has been my servant about five months - he had 5s. a week - he slept at home, I believe - he comes in the morning about half-past seven or eight o'clock, and leaves about eight in the evening - I did not know his name except William - I have heard his other name before - I do not know how long I have lived where I now do.
JOHN TODD . I went with Delaforce on the 24th of May - we left Mr. Rouse a little after four o'clock, and went to Mr. Smith's, in Half Moon-street, Bishopsgate - I was there till past six o'clock - I saw Mrs. Smith there, and Joseph Stanton weighed off some iron, and then brought it from Mr. Smith to Mr. Rouse's - Mr. Smith buys the iron, and we went to fetch it - we did not take a truck, but a lad brought a truck there to us - Mr. Rouse came there about five o'clock - we weighed the iron in the scales in the shop - it weighed 7 cwt. and a half - we all helped to put it into the truck - Stanton assisted in doing it - the truck was in the street outside the door - Mrs. Smith was in the shop all the time, to the best of my recollection - I work for Mr. Rouse the same as Delaforce - Mr. Rouse collects old iron from the shops - I have worked with him five years altogether - he has lived where he now does for two years and a half or nearly three years - he before that lived nearly opposite - Sam Springton works there - we are employed by Mr. Rouse to sort the iron and rags - we buy of all the marine store shops - we deal with a person named Lyons in Golden-lane - when we received the iron at Mr. Smith's, Delaforce and I went with it to Mr. Rouse - I suppose we got back about half-past six o'clock - Mr. Rouse and my mistress were at home when we got back - I will swear I was with Delaforce from half-past four till past six o'clock, and it was on the 24th of May.
MRS. SMITH. I am the wife of Edward Smith : we live in Half-moon-alley. Delaforce was at my house from four o'clock till six that day, taking away the iron - Stanton was there clearing up my shop - Todd came with Delaforce for the iron for Mr. Rouse - they weighed it off - its weight was seven hundred-weight and a half - they took it away in a truck - I cannot say whether they brought the truck with them or not - they put the iron in the scale, and Stanton put the weights in, and I saw the weight - I have known Mr. Rouse for years; he is a marine store dealer - I have not any particular dealings with him.
JOSEPH STANTON. I was employed by Mrs. Smith to sort rags and clear the shop - I saw Todd and Delaforce come there, on 24th of May, for the iron - I left sorting the rags, and they weighed the iron, while I checked the weights - I saw them load it into the truck, which had a dog under it - I did not help to load it.
COURT to THOMAS PAMPILLON. Q. Look very carefully at the prisoners: are you quite sure they are the boys who came out of the window? A. Yes; I am - when they had been out about five minutes, the clock at the gashouse struck five.
DELAFORCE - GUILTY . Aged 17.
DANIELS - GUILTY . Aged 14.
Transported for Seven Years .
GEORGE GIRDLER . I am a watchman at Mr. Toussaint's, at Feltham . On the 21st of May, I saw the prisoner come from my master's premises at three in the morning - he had a bag before him - I called to him - he made no answer, but shuffled on the faster - he turned his head and saw me coming after him - he went on to a low paling - he then threw down this bag, jumped over the palings, and ran away - I called Woods up, and gave the bag into his care - it contains beans - when my master got up, we went to take the prisoner at the alms-houses - he made great resistance, and would not be taken - my master went for the constable, and the prisoner was taken in the beer-shop - this bag had been left on the hay-rick in the field, I think for the prisoner to take.
JOSEPH TOUSSAINT. I am a wax-chandler . The premises at Feltham belong to me - my cart goes to London two or three times a week - I had missed property continually, and gave directions to my watchman that I should discharge him, or make him pay for these losses - I had this sack from Mr. Legor's, but it was in my possession - I believe these beans are mine.
(The prisoner put in a written defence, stating that he had found the beans in a hedge, and was taking them home, expecting to find an owner.)
GEORGE GIRDLER. I am sure he is the man - I know him full well.
GUILTY . Aged 21. - Confined for One Year .
JOSEPH COLLISS . I live on Clerkenwell-green. On the 20th of June, I met the prisoner in Chiswell-street, carrying these two bundles, one tied in a red, and one in a blue handkerchief - there were two men walking behind her - I followed her to Whitecross-street - I saw her give the bundles to a man who went under an archway - she went up the street, and returned in about three minutes with another female - each of the women then took a bundle from the man and went up the street, the two men walking behind them - I met a policeman, and told him - he went after them - the two men then kept back, and the policeman spoke to the prisoner and to Hubbard, the other woman - the prisoner said she was going to take them to the top of the street, but she did not know to whom.
Cross-examined by MR. PHILLIPS. Q. What time was this? A. About twelve o'clock at noon - it was in open day - I knew the men, who went away, by sight - I believe them to be bad characters - I believe the name of one of them is James Reynolds - he had been charged at Hatton-garden - I do not know that the other had been charged with any thing, and do not know his name - I might have seen him four or five times - I had seen him once in Aylesbury-street, Clerkenwell, about six weeks ago - I believe he is a reputed thief.
CHARLES SCOTCHMER (police-constable G 125). I went up to the prisoner and another woman, and asked what they had got - the prisoner said, "You can see" - I looked at them, and the prisoner said a man gave them to her to carry to a shop at the top of the street - Hubbard, the other woman, said, "O my God, What have you brought me to? there is something wrong" - the prisoner said, "Never mind, I will see you through it" - in going to the station-house the prisoner said, "Do not take her; she knows nothing about it."
Cross-examined. Q. Have you heard the witness state that there were two men who kept back, and went away? A. Yes - I did not tell the prisoner she would have fourteen years - she was examined twice before the magistrate - I did not say I knew both the men, and could take them any day - Colliss said he saw two men follow the prisoner, and one was Jack Fat .
JOSEPH COLLISS re-examined. Q. Who is Jack Fat? A. He was along with the other, but I forgot his name, at first - I cannot tell where I heard that name for him - I had seen them both charged at the police-office, at different times - I forgot that, when I said I had seen him in the street.
(The prisoner put in a written defence, stating that she had been purchasing some articles when two me accosted her in Sun-street, one of whom took her things and run off with them, and the other gave her the stolen property to hold while he followed the man to obtain her articles back, that he returned to her in Chiswell-street, and she gave him the property which he afterwards again desired her to carry, and ran away.) NOT GUILTY .
THOMAS WILLIMA BRANBROUGH COOK . I live with Mr. Salisbury, in the City-road . On the 20th of May the prisoner knocked at the door between twelve and one o'clock- the servant opened the door - he asked if Mr. Salisbury was at home - I said, "No" - he asked if he would be long - I said, "No, I was sure he would not - he went into the parlour and stopped two or three minutes alone - I was in the surgery - the servant than called me to get an errand - as I was going out the prisoner went out before me - I overtook him - he again asked me if my master would be long - I said, "No" - he turned back, and I went on my errand - it was between twelve and one o'clock - he was taken on another charge.
Cross-examined by MR. ADOLPHUS. Q. Had you known him before? A. No - he appeared to be very ill indeed.
JAMES DAVIS (police-constable G 90). I was about to search the prisoner, and he handed out these spoons and tongs from his pocket - he told me he had brought them from home - I asked him if his wife was aware he brought them - he then said he brought them out with a view of selling them - he stated before the magistrate that they
JOHN CREW SALISBURY. I know the tongs by the mark on them - I have other spoons like these - they were kept in the room the prisoner went into.
GUILTY. Aged 37. - Recommended to mercy by the Jury and Prosecutor. - Judgment Respited .
BENJAMIN COLLINS (police-constable, G 217.) On the 18th of June I saw the prisoner come from Clifton-street, at half-past six o'clock in the morning, with a stove on his shoulder - I asked where he brought it from - he said from No. 30, Clifton-street , and was going to have a back put to it - I went to No. 30, Clifton-street, where he told me he worked - they said he had to repair the wall, but he had no right to remove any fixtures.
NOT GUILTY .
EDWARD REYNOLDS . I am in the employ of Mr. Machu, of Twister's-alley, Bunhill-row . On the 7th of June, the prisoner was in his employ - at a quarter before eight o'clock that morning I saw him in the warehouse, dusting the counter - he opened the lid of a box which contained laces - he took out ten or fourteen dozen of silk boot-laces - I said nothing to him - he went to his breakfast- he afterwards went out - I followed him into the Weaver's Arms, in Milton-street, where he offered the laces for sale to Mr. Belton - he refused to buy them - he went into the skittle-ground, and there saw me - he said,"What brought you here?" - I did not make any reply - he then went into the house again, and offered them to Mrs. Belton - she refused, and said they were too long - the prisoner said he could cut them shorter, and tag them afresh - she would not have them, and he went home.
WILLIAM BELTON . I keep the Weaver's Arms. The prisoner called that morning, and asked if I wanted any laces for my children - I said no - he called again with them in the evening, but I would not have them.
JOHN HENRY MACHU. I manufacture silk trimmings . The prisoner was in my employ - he was taken into custody, and we missed these laces - he denied it at first, but afterwards said he had stolen them.
GUILTY . Aged 18. - Confined One Day .
ELIZA MATILDA JONES. I am seven years old. On the morning of the 4th of June I was going to school - I met the prisoner, who said, "Ah, my dear, how do you do? I used to nurse you!" - she gave me a halfpenny, and said,"Will you come with me? I will give you a large wax doll" I went with her down Church-street, into Brick-lane - she then said, "Come down this street, there is my uncle coming, I do not want him to see me with you" - I went down the street, and she said, "Will you give me your beads?" - I did not answer her, but she took them off my neck, and said, "Now, you go to school, and I will bring you the doll" - I did not go to school - I went home to tell my mother - I met Mr. Schunter, and told him, and he took her to the station.
GEORGE SCHUNTER . I was in Church-street, Spitalfields, that morning. I met this child, who told me what had happened - I crossed the street with her, and saw the prisoner - she said, "That is the woman who took my beads" - I took the prisoner with them in her hand.
MARY ANN JONES. This child is my daughter. These are my beads - I am a widow .
GUILTY - Aged 18. Recommended to mercy by the Prosecutrix . Confined One Day , and delivered to her former employer.
HANNAH CAPPS . I am the wife of Thomas Capps, a pawnbroker , in Old-street . I was behind the counter on the 22d of May, between three and four o'clock - the prisoner came in, and offered a jacket in pawn - I refused to take it - she was going out, and our boy beckoned me round- I went, and found the prisoner with the table-cloth under her shawl - I stopped her with it - she said, "Yes, it is yours."
RICHARD EVANS . I am in the prosecutor's service. I saw the prisoner - I heard a snap, and saw the table-cloth coming down - the prisoner wrapped it up, and put it under her shawl - my mistress came round, and the prisoner said she was going to give it to me, but it was concealed under her shawl - she had been going out, but she went back when she saw me - it could not have come down, and I heard it snap.
Prisoner's Defence. I was coming out, and the wind blew it in my face. I did not conceal it.
GUILTY . Aged 44. - Confined Six Months .
927. ELIZABETH TIMMINS was indicted for stealing, on the 15th of May , 5 chissels, value 2s.; 1 shift, value 2s.; 2 caps, value 1s. 6d.; 1 napkin, value 1s. 6d.; 1 pair of stockings, value 2d.; 1 plane, value 4s.; 1 plate, value 2d.; and 1 cup and saucer, value 2d. , the goods of Clement Ewer .
CLEMENT EWER. I live at Chelsea . The prisoner was nurse to my wife - I missed a great many things; and, among the rest, these articles - I went with an officer to her lodgings, and waited for her - she was coming in, and we stopped her - this plane was found on her, and these dupli
Property produced and sworn to.
GUILTY . Aged 31. - Confined Eight Months .
CHARLES CASEY. The prisoner was in my employ. He had leather given him to make nine pairs of shoes - he made seven pairs - I asked for the leather for the other two - he said he would get it - he did not, and I charged him with taking them - I found one pair of upper leathers up stairs- the other is gone.
(The prisoner put in a written defence, stating that he had borrowed 1s. on the leather, to purchase grindery, and in tended to get it back next day.)
Mr. CASEY. The prisoner worked in the room he slept in at my house. I would employ him again.
The prisoner received a good character.
GUILTY . Aged 45 - Confined Fourteen Days .
THOMAS BRETT . I keep a coal shed in Lower Rosomon-street, Clerkenwell . The prisoner was in my employ - it was not his business to receive money - he was with me six weeks, and left me on Easter Monday morning, without notice - I supply Mr. Stanfield with coals, but I did not send the prisoner there for half-a-crown - he had no right to get it.
Prisoner. Q. Has Mrs. Stanfield paid you the half-crown? A. No: you did not tell me you was going to her for the money - I did not send you there and to the next house - you have received money from her.
MARY ANN STANFIELD . I am the wife of Thomas Stanfield - we live in Myddleton-square - the prisoner came there on the Monday before Easter and brought some coals - I told him to send his master the next Monday; but he came himself, he said his master was very ill, and had sent him for the money - I paid him half-a-crown - I never paid him any before.
THOMAS BRETT. He never paid it me nor ever returned.
Prisoner. The gentlemen of the Jury will see that Mr. Brett states I had received money of her before, and she says she never paid me any before.
GUILTY . Aged 21. - Confined for One Year .
Fifth Middlesex Jury, before Mr. Serjeant Arabin.
MR. CLARKSON conducted the Prosecution.
JAMES TAPPIN. I am a lighterman , and live at Brentford - about the middle of December I sold a barge called the "Emma" to Mr. Burrows, No. 12 Wharf, Regent's-canal - it was laden with coals - I only sold the barge - this chain was in it, but the coals were on it, and we could not get at it then - there was another barge moored alongside the "Emma" - the prisoners were on board of it at work - I asked them to take care of my chain and put it into Mr. Burrows's stable, and I would give them some beer - they said there was nothing like the time present, and I gave them a gallon of beer that day - this is the chain - it is worth 25s. - I did not give it to either of them to get beer.
JOHN PERRATON . I am clerk to Charles Burrows, No. 12 Wharf, Regent's-canal - I was present when Mr. Burrows bought the barge "Emma" - the two prisoners were engaged for two or three days in getting the coals out - I saw John Willshaw take a chain out of the barge which had all the appearance of this, and throw it into the water - that was about the 23d of December - I asked him what it meant, and he said it was all right - James Willshaw was just by and must have heard it - I remember John Willshaw coming to me with an officer about the 6th of June - I was having my breakfast in the counting-house at the time - he said to me, "Do you wish to hang me, or have me transported; what is it about?" - I said it was about a chain that he threw into the water from the "Emma" barge - he said, "The chain I threw there lays there now, for so help me God, I never touched it; it is under the machine" - he pointed out the spot, and I, with the assistance of a man, raked there for nearly an hour - we found a small chain, but not the one he threw over.
Cross-examined by MR. DOANE. Q. This was so long ago as the 23d of December? A. Yes - it was not dark - we do not work in the dark - there were four persons at work there - no one saw him throw it over - I think he did not try to throw it on shore, it was too far for him - I am son-in-law to Mr. Burrows - I have had no quarrel with these men, nor has Mr. Burrows - one of them borrowed a shovel, and Mr. Burrows took him before a magistrate, and the charge was dismissed - I recollect walking on the side of a barge, and to save myself I took my hand out of my pocket and drew out half-a-crown, which the prisoners talked of looking for - I do not know whether they did or not.
CHARLES WOND . I am a barge-builder and live at Shadwell - I was at Mr. Burrows' counting-house when he paid for the barge "Emma" - the two prisoners were at work in a barge next to it - there was a chain left under the stern-sheets of the "Emma" - Mr. Tappin told me of it, and I was to take care of it - the prisoners must have heard it - I remember the beer being given, I drank part of it - it was to take care of the chain - I fetched the beer - I helped to repair the "Emma" - I saw the prisoner and two other men unload the "Emma" - I went on board as soon as it was unloaded - I saw the two prisoners - I asked them if the chain was there, they said no.Tom Moore , and Bob Smith , all in it, and they drank the beer over the way at Stevens's - I refused to let them have it - I took it into my bed-room, and kept it till the officer and Mr. Tappin came - this is it.
Cross-examined. Q. When did James Willshaw sell it? A. On the 14th of January - I can state accurately what he said - he said, Mr. Tappin had made a good job of selling the barge to Mr. Burrows - the chain was of no use to us - I do not know that the prisoners had been in custody before I saw them at the public-house.
JANE SMITH . I am the wife of Henry Smith . I was present when the prisoner James Willshaw came to my husband on the subject of the chain - he said, "For God Almighty's sake let me have the chain: I will keep it for a few days and throw it into the cut - only let me have it, or I shall be transported" - whilst my husband was absent, I asked James Willshaw how he came to do it - he said he did not know - he said he had a wife and several children, and it was for their sakes he wished to get off - I said,"What did you do with the money?" - he said, "I went over the way, where I and three or four more of us spent it in beer" - he said it was the first offence he had ever been guilty of, and he would never do the like again - I told him that was the result of being too fond of beer - when my husband returned he again requested to have the chain, and said my husband would get fourteen years' transportation, as he would be punished worse than he should - my husband said young Burrows (meaning young Perraton, who generally goes by that name) had seen him throw it over - he said, "It was not me: some of the men did."
CHARLES BURROWS . I live at No. 12, Wharf, Regent Canal. I purchased the barge "Emma" - the two prisoners were in my employ, and assisted in unloading the barge - about a week after John Willshaw was in custody - I was on the wharf - the chain was then in Mr. Poulson's warehouse - the prisoner James Willshaw was there - I asked him how he came by the chain - he said master gave it him - I said I did not understand the term master: I would have some name mentioned - he then said Mr. Tappin was the man who gave it him, and if I did not believe him, he would bring Mr. Tappin forward - I believe this is the chain - I asked John Willshaw about throwing it overboard - he said it was under the machine, and if we raked for it, we should find it - a small chain was found there, fit to chain a dog up.
Cross-examined. Q. It was in December you bought the barge? A. Yes: the prisoners have been employed there ever since till they were taken.
MR. TAPPIN. This is my chain - I never authorised either of the prisoners to sell it.
Cross-examined. Q. Had you seen that chain under the stern sheets? A. Yes, about five days before, when the barge went away from Chelsea before it was loaded - I know it is the same chain by a particular marked link in it, which I had marked by a blacksmith - you do not see one in five years marked like it.( Thomas Brett , a coal-dealer of Rosomon-street, and John Arnold , gave the prisoner James a good character.)
JAMES WILLSHAW - GUILTY . Aged 38.
Transported for Seven Years .
JOHN WILLSHAW - NOT GUILTY .
931. HENRY CLEAVER was indicted for stealing, on the 16th of May , 144 purses, value 5l. 8s.; 12 spoons, value 4s.; 12 forks, value 3s.; and 18 work boxes, value 18s. ; the goods of Aaron Joseph and another.
MORRIS SOLOMON . I am in the employ of the prosecutors - they received a case of goods - there was a deficiency in it - it was on one of the floors of the warehouse - it was brought in and opened by one of the workmen, and the contents brought to me in the counting-house on a paper - the prisoner generally accompanied the carman who brought the goods from Galley Quay - I am not aware on whose behalf he came - these goods came on a Thursday; I think it was the 15th of May - the goods appeared to be deficient from the account which was delivered to me of the contents of the case - I missed 12 dozen purses, and the other articles stated in the indictment - on the Monday following one of the young men gave me some information - I went to Mr. Barrett 's, in Charles-street, Leather-lane - I found part of the property, and Mr. Barrett stated from whom he bought it - I was with the officer when the prisoner was taken in Thames-street - a person named Hollywell, who was with us, said to him, "Do you recollect my buying those purses of you?" the prisoner said, Yes; and he had bought them of a person on the quay - he was then taken.
HENRY JOSEPH HOLLYWELL . I am a general dealer. I know the prisoner - he came to my house on the 16th of May, I think - I had known him five or six months before- he has fetched me to see goods which I have bought of other persons - I bought of the prisoner eleven dozen and a half of purses, ten salad spoons and forks, for which I paid him a guinea - I sold them to Mr. Barrett the same day for 2l. 3s. 7d. - I was not aware of their value when I bought them - I was asked 30s. for them, and gave a guinea- a person named Lane was present, but he is not here.
Cross-examined. Q. Did you examined the things before you bought them? A. I did - I counted the purses - they appeared to be new - I think I got from Mr. Barrett the price I asked him - I did not think I bought them a particularly good bargain - I don't know whether they are worth more - I am not a dealer in toys - I never handled any of these articles before - I asked the price I did for them, as I have frequently been forced to abate something - I am always glad to buy any thing I can get a shilling or two by - I know the prosecutor's warehouse, but never was in it - I think I can swear I never was in it till after the prisoner was apprehended - there is scarcely a toy-warehouse that I am not in the habit of going to once or twice a week, except Mr. Joseph's - when I said I thought I could swear I never was in his warehouse, I meant I never had, but I turned it over in my mind.
WILLIAM MAHEY . I am warehouseman to Mr. Smith, of Galley Quay. This case came to be examined there, and was opened in the presence of Mr. Joseph - I saw the articles put into the case again, and nailed up - I cannot say the goods are the same.
Cross-examined. Q. Who did you get the case from? A. The prisoner and another man, who is not yet taken.
AARON JOSEPH. I examined the property at the Custom-house, and paid the duty - I stood by while the articles were put into the case - these were afterwards missed.
Cross-examined. Q. I suppose these are not peculiar to your house in London? A. No - there are large consignments of such goods to other houses - I have no mark on these goods - I think they are mine - I paid the duty for such goods - I saw them put in the case again, and when they came home they were missing - they are worth between 6l. and 7l.
H. J. HOLLYWELL re-examined. Q. Where did you buy these goods? A. In the parish of St. Luke, in the county of Middlesex.
GUILTY . Aged 28 - Transported for Seven Years .
JOHN ARNOLD . I am a chimneysweeper , and live in Boot-street . The prisoner had been in my employ fourteen or fifteen years - he was employed to receive money on my account - Mr. Young owed me 2l. 2s.
JOHN ARNOLD. The prisoner did not give me this money - I was told he sent a man to say he would work the money out, but I was not at home - I saw him on the Saturday afterwards sitting down with two other lads - I gave him in charge - he had behaved very well before.(The prisoner put in a written defence, stating that he had met two acquaintances who prevailed on him to drink - that he became intoxicated, and on recovering found himself under a gateway, and the money gone.)
NOT GUILTY .
MR. DOANE conducted the prosecution.
ANN PHELPS . I am a tuscan trimming-maker . The prisoner was in my employ - he manufactured goods for me- brought the work home, and took goods out and sold them - he was entrusted to receive monies for me.
THOMAS EDMONDS . I am a straw-hat manufacturer. I used to live in New Bridge-street - I now live at Dunstable - I have bought goods of the prosecutrix - I paid the prisoner on the 10th of May 4l. 6s. for straw trimming - this is the bill.
"May 10, 1834, bought of Mr. Pegg, goods 4l. 6s. Paid."
ANN PHELPS. The prisoner told me that Mr. Edmonds owed me 4l. - he then took some more goods, and I told him he must bring me back some money - he brought me 4l. only.(The prisoner put in a written defence, stating that the prosecutrix left it to his discretion at what price to sell goods, and that he always sold them in his own name.)
ANN PHELPS. I told the prisoner the price to sell the goods at - he sometimes made an abatement, but he said these were sold at full price.( Martha Pullen , James Benton , a weaver, and Richard Archer , gave the prisoner a good character.)
GUILTY. Aged 58. - Recommended to mercy by the Jury . - Confined Six Months .
934. ANN DAVIS was indicted for stealing, on the 24th of May , 1 clock, value 5s.; 4 clock weights, value 1s.; 1 tea-kettle, value 1s. 3d.; 1 coffee-pot, value 6d.; and 1 saucepan, value 6d. , the goods of William Smith .
PHILIP HITCHING . I am a broker, and live in Golden-lane. I bought this clock of the prisoner on the Saturday afternoon - there was no one with her - she said the person who sent it was in distress and ill.
Prisoner's Defence. I had been in the habit of taking a few things, and getting them back, which the prosecutrix knows.
MRS. SMITH. I never knew it.
GUILTY . Aged 28. - Confined Three Months .
OLD COURT, Friday, July 4, 1834.
First Middlesex Jury, before Mr. Sergeant Arabin.
935. MARY CLANCEY was indicted for feloniously uttering, to Samuel Towler , a counterfeit shilling, knowing the same to be counterfeit, she having previously been convicted as a common utterer of counterfeit coin - to which she pleaded GUILTY . - Transported for Seven Years .
936. SARAH HALL was indicted for stealing, on the 22nd of May , at St. George, Hanover-square , five drawings, value 5l. and 6 sovereigns, the property of Louis Auguste Schwitzer , in the dwelling-house of Edward Padgett .
EDWARD PADGETT. I live at No. 21, Davis-street, Grosvenor-square , in the parish of St. George, Hanover-square. The prosecutor lodges in my house - he occupies the first floor, and a bed-room on the second floor - the prisoner had been my servant of all work for about ten months - in May, Mr. Schwitzer complained of losing some money - I sent for an officer - I found in the prisoner's box five drawings, which were afterwards given to the policeman - I made her no threat or promise - I did not ask her about the sovereigns that were missing; but, as she was going to Marlborough-street (finding we were determined to take her there) she said she had taken the six sovereigns, and spent five in silks - I took her to Marlborough-street, and gave her into custody.
Prisoner. He promised to forgive me if I would confess. A. That was respecting another robbery committed before- I made her no promise about this.
LOUIS AUGUSTE SCHWITZER. These are my prints - I lost them from my trunk or off my table - I lost six sovereigns out of my trunk on the 22nd of May - the trunk was locked, but the key was in the drawers, in my bed-room - the prisoner attended me as servant of the house, and had access to the room.
GUILTY . Aged 20. - Transported for Life .
937. ELIZABETH KIRSCH was indicted for stealing, on the 28th of June , at St. Pancras , 12 spoons, value 4l. 10s.; 2 tables, value 1l. 5s.; 1 mustard pot, value 9s.; 1 wine strainer, value 10s.; and 1 castor-top, value 5s.; the goods of Janet Jane Jessy McLean , in the dwelling-house of Robert Hunter .
JANET JANE JESSE McLEAN. I lodge in the house of Robert Hunter, at No. 63, Warren-street, Fitzroy-square , in the parish of St. Pancras - I have known the prisoner six months - she first came to do some needle-work for me, and I afterwards hired her as a temporary servant at so much a day - she told me she had got a place in Bedford-square, and left me on the Friday before last, about three o'clock - I had a small plate-chest in my house - I did not miss any thing until the next day, when I missed the plate in question - I cannot tell whether I lost any thing else - I was ill for nine months - this plate is mine - it was in the second floor room, where I slept.
LEWIS KEYSER . I am a silversmith, and live at No. 16, Tottenham-court-road - I first saw the prisoner last Friday morning - she came in with some old silver, a broken mustard-pot, a castor-top, a wine-strainer, and a gravy spoon, and asked if I bought old silver - I said yes - I weighed it, and at 4s. 9d. and ounce, it came to 2l. 2s. 6d. - she said it was left to her by will; and, from her respectable appearance, I did not hesitate in buying it - about half-past six she came again with eleven dessert and two stable-spoons - all of which had a crest, which aroused my suspicions - I said, as she had brought a quantity of plate, perhaps she would pardon my asking where she resided - she said she had not the least objection, and gave me "Mrs. Smith, No. 18, Edward-street, Hampstead-road" - I said, if she would wait at the shop a little while, and I found that correct, I would return and pay her for it - then she said, "Well, I must tell you, if you are going to seek for my residence, we have only been to take the house there - my real residence is No. 18, Edward-street, Regent's-park, and my real name is Mrs. Cash" - I said, "Perhaps you will have no objection to tell me how you became possessed of the property" - she said, Mrs. Montgomery, of No. 48, Queen-square, had left it to her twelve months ago - I said I would go there, and if I found such a lady had resided there, I would return and pay her - the station-house was in my road - I called, and told them my suspicion, and an officer was sent - I went to the square, and could find no No. 48 - I returned, and told her she had given me a false address - she said she did not say No. 48 in the square, but in a street leading into the square which she named - I thought I might have made a mistake, and said, "Will you object to accompany me to the house?" - she said, "No, none" - on crossing the road to Tavistock-square, I asked if Mrs. Montgomery had any
Cross-examined by MR. DOANE. Q. Do you know that she offered to return the money to your wife? A. I knew she asked my wife to let her have the silver back: I was present - I said I would have nothing to do with it; if the property was rightly come by, I would give it to the right owner.
JAMES BAKER . I am a policeman. On Saturday night, about twelve o'clock, I apprehended the prisoner - she asked what I wanted - I asked if she knew McLean - she put up her hands and said, "For God's sake let me go, and I will give you every thing I have got" - I took her in charge, and, as she went along, she said, "Are you going to take my husband? so help me God, he knows nothing about it: I told him the plate was left me by a lady as a legacy."
MR. KEYSER. The twelve spoons are worth 4l. 10s., and more; the two table-spoons, 25s.; a mustard-pot, 9s.; a wine-cruet, 10s.; castor top, 2s. - that is the fair valuation.
MR. DOANE to MRS. McLEAN. Q. When did you see the plate last? A. I might say I saw the box every day- I saw it the very day she was taken up, in my bed-room - it was a band-box with a key to it, I did not see the spoons that day - I saw them when I entered the house first, about nine months ago - it is nine months since I saw the spoons - I cannot tell how many servants I have had in my employ - I dare say I have had six - I never accused any of them of robbing me of plate - I never said I would not hurt a hair of the prisoner's head - the spoons have my family motto on them.( Sarah Brown , of Pall-mall, gave the prisoner a good character.)
GUILTY . Aged 19. - Transported for Life .
Before Mr. Justice Bosanquet.
NOT GUILTY .
Before Mr. Justice Taunton.
939. STEPHEN ABRAHAM CUNDEE was indicted for feloniously breaking and entering the dwelling-house of George Cundee , on the 26th of May , at St. James's, Clerkenwell, and stealing therein 2 silver candlesticks, value 10l.; 2 salt-cellars, value 30s.; 3 table-spoons, value 25s.; 1 tea-spoon, value 2s.; 2 salt-spoons, value 4s.; 1 milk-pot, value 20s.; and 1 watch, value 20s., his property .
GEORGE CUNDEE . I am the prisoner's father, and live at No. 64, St. John-street-road - he does not live with me- I have lost sight of him for three years past - I have never seen or heard of him for three years - he was apprenticed in February, 1830, to John Henry Pearce . On Tuesday morning, the 27th of May, in consequence of what my servant told me, I came down stairs, about a quarter or half-past six o'clock, and missed a pair of silver candlesticks, a silver milk-pot, three silver table-spoons, two tea-spoons, two salt-spoons, a pair of old-fashioned salts, the lid of a mustard-pot, all silver, and a metal watch - my silver milk-pot, I believe, was in the kitchen - all the other articles were in the back parlour - when I went to bed, the evening before, the house was all fast - I examined some of the windows and doors myself - I cannot positively state that I examined them all - on missing the articles, I found the inner shutter of the back kitchen forced open, evidently from the outside - the shutter was forced inwards - it was entirely open - the window was open too - a man could have got in without difficulty - the articles missing might fetch about 15l. in their weight of old silver - I was not of opinion that the window was opened from the outside, at first, but on examining I am satisfied from the marks on the frame, that it must have been forced in with great pressure.
JOHN JOSEPH REARDON . I am shopman to Mr. Ravenall , pawnbroker, of Tothill-street, Westminster. On the 27th of May, about nine o'clock in the morning, the prisoner came and asked me if we bought old silver - I think it was on a Tuesday - I told him we did - he then produced part of a silver candlestick - I asked if he had any more - he produced part of another - I asked how he came by them, not liking the articles being broken up - he said a young gentleman had given him them at Islington - I did not believe him; and I passed through the house, without his knowledge, out at the back door, to the station-house, and brought the inspector, Banister - I gave the silver over to him, and he took him into custody - I asked the prisoner his name - he said, "Cundee."
SAMUEL BANISTER . I am inspector of the police. I was called by Reardon to his master's shop, and took the prisoner into custody - part of two silver candlesticks were delivered to me by Reardon - I produce them - I asked the prisoner where he got the silver from - he said it was given to him by a young gentleman at Islington - I asked him the name of the gentleman - he said it was Cundee - I asked where he lived - he said he did not know, nor could he tell what part of Islington he had met with the young gentleman - I then asked his own name - he said it was George Cundee - I said it was extraordinary his should be the same name: were they related - he said, "Oh the truth is, my father gave them to me" - I asked him where his father lived - he said he had not seen him before for some years, and did not know where he lived - he then said they were given to him in Orchard-street, Westminster, at the end of Union-court, where he said he lodged - I told him I did not believe his statement, and should take him into custody on suspicion of having stolen them - I searched him at the station-house, and found on him 11s. 5d. - I asked where he got the money - he said he had earned it the day before in the Borough market as an occasional porter - he afterwards admitted that he had been a great part of the day at Westminster - I detained the money except 1s. 2d., which
MR. CUNDEE re-examined. I know these parts of the candlesticks perfectly well - they are mine, and have been in my family for forty years - they were not broken when taken from my house - I know them from their general appearance, being constantly in the habit of using them - the two parts which have been produced identify with another piece which was brought to my house by a strange man who found it - he brought it to me next day - I do not know his name - I have brought it here - my house is in the parish of St. James's, Clerkenwell.
CHARLOTTE THREADER . I lived with Mr. Cundee at the time of the robbery - I recollect fastening the back window the night before, by a bolt on each side of the shutters - I fastened them securely, I am certain - I made it tight and secure - I came first down next morning, at ten minutes past six o'clock, and the things were all missed from different parts of the house - nothing was missed from the back kitchen - I had seen the salt cellars in the house the night before, at half-past ten o'clock in use at supper - I had seen the silver candlesticks at the same time - a watch was also missing - I saw that the night before hanging over the mantle piece in the back parlour - I found the shutter forced down - it opens into the garden, which is enclosed with a low wall - I should think any person could get over that wall - there is a field on the other side of the wall - I had seen all the articles safe in the house the night before.
Prisoner's Defence. I am perfectly innocent - on the night of the robbery I was at work until eleven o'clock - I returned home, and on the morrow I went and offered the silver for sale.
GUILTY . Aged 18 - Transported for Life .
Before Mr. Justice Bosanquet.
Two other Counts, stating his intent to be to disable or to do him some grievous bodily harm.
WILLIAM MUNNS. I am a waterman , and live in Charles-square, Old Gravel-lane - on the 22nd of May, between eleven and twelve o'clock at night, I had been to New-crane stairs, to look at my boat - I left the stairs, and came into Newmarket-street , in my way home - I heard some men behind me mention the name of Munns - I looked round, and saw two men behind me - one of the men (not the prisoner) said, "Knife the b-, for Hailey ," who is in the house of correction for two years - I had prosecuted him - when I first turned round, I saw a knife in the prisoner's hand - he ran at me with the knife - I defended the blow off with my left arm - the knife near came into my face - he ran at me again, and the knife stuck me through my jacket waistcoat and shirt, and scratched my flesh in three or four places, but it was not very deep - I kept running back from him, and kept hitting him in the breast with my fist to keep him off - I ran back, and my heel struck against the curb - I fell backwards, and either Collins or the other man kicked me in the back, I cannot say which it was - it took away my breath - I could not speak for a great while afterwards - while I was on the ground, some women gave an alarm, and they ran away - some soap-boilers picked me up, and put me close by the curb - the policeman came up - a waterman helped me as far as the top of King-street, in Old Gravel-lane - I went from thence to the station-house - the prisoner was not taken then - when I got to the station-house, Young, the Inspector, sent for doctor Betson, who looked at me, and sent me to the London Hospital - they cupped me in the hospital in three different places in my back - I came out in three or four days, finding myself getting well - Dr. Betson , Mr. Young , and an officer, who is here, looked at the place on my breast - I found blood on my shirt from the scratches on my breast - the principal injury I sustained was, from the kick in the back - that is what I was sent to the hospital for - when I came out, I looked after the prisoner, and found him on Wapping-wall, Shadwell - I have known him about twelve months, and knew him to be the man - he was taken to the Thames police-office.
Cross-examined by MR. CLARKSON. Q. I suppose you had given no offence for this outrage? A. Not to these men, nor to any other - I am a quiet peaceable sort of person, if a person lets me alone - I have come from Clerkenwell prison this morning - one of this man's companions has been and sworn I had assaulted him - I was fined 3l. and have not the money to pay him - I know Thomas Conolly - he is the man I mean - it is all untrue - I was never in a station-house in my life - not locked up, I mean to swear that - no charges have been preferred against me for assaults, only for playing in the streets, and skylarking - no other charge of assault has been made against me - I have paid fines for taking more than my number in my boat - I have only been in the hands of the police for skylarking - I have certainly been to the London hospital when I had my ribs broken - I do not drink spirits - I saw Robert Jones there - he is the man who lifted me up - Haggerty, the policeman, came up afterwards, and he sent for Wheeler the policeman - I swear I was sober that night- I had Wheeler up for saying I was intoxicated - Young and the doctor can prove I was sober - this was between eleven and twelve o'clock.
Q. At eleven o'clock that night, were you in company with two women of the town drunk? A. No; I did not offer one of them eighteen pence to go home with her- I had no money to offer - Murray did not send away two women, nor desire me to go home - I did not tell him I had been flaring-up at Hackney with half-and-half - this is all quite strange to me - I said, "How do you do, Mr. Murray," as I ran by him.
Q. Did you say to him "It is all right, I have something here for them," placing your hand to your breast? A. No; I did not - if I was intoxicated, I could not be sober in three-quarters of an hour - I was not lying in Newmarket-street, in a state of beastly drunkenness, before I got to the station-house: my person and clothes were examined by Haggerty and Wheeler - he just looked at me, and said, "You are not stabbed" - they just looked at my jacket, but they did not look at my flesh - Thomas Jones was not with me; he came there after Haggerty was there - Jones was support
Q. Did you tell Haggerty that two men came along the street; one knocked you down, and the other struck you over the head? A. I did not - my hat was on the ground- I said nothing to Haggerty about being struck with a stick - Haggerty did not tell me there were no marks of violence on my hat, or any appearance of blood, till I took Wheeler up - he put my hat on my head - he did not examine my head, nor call Jones's attention to it, nor tell him there was nothing the matter with it; but that I was drunk - they examined my side - Haggerty looked at my jacket outside, but not otherwise - he found a hole there - he was not at the station-house, it was in the street- he looked at me - I know Abraham Legan , a waterman, he charged me with an assault - it might be on the 14th of June - that was a summons he gave me because he could not bring it home to me about taking some goods into a lug-boat, then he charged me with the assault - I do not know that there is a warrant out at this moment for an assault, besides the one I have named - I went to the office and cleared myself - that is about four or five months ago.
Q. Will you venture to swear you have not been charged with assaults within six months? A. I cannot say - I said I could not say whether I had or not.
COURT. Q. You said you had not? A. Not assaults altogether - I will not take upon myself to swear I have not.
MR. CLARKSON. Q. Did you say one word about the knife to Haggerty, or to any body at the station-house? A. At the station-house, I did, to Butler.
JOHN STILWELL . I am a policeman. I apprehended the prisoner on the 8th of May - the prosecutor pointed him out six days after this happened, I found a knife on him - Munns told him the charge at the station-house - the prisoner said he did not know what he was taken for - when I took him into the station-house he said he knew nothing about it.
Cross-examined. Q. I believe the prisoner is a coal-whipper ? A. Yes; it is common for them to have such knives.
WILLIAM BUTLER . I am a policeman. I was on the reserve at the station-house - Munns was brought there by two men, named Jones and Morgan - I opened the door, and seeing no policeman with him, I asked what was the matter - he complained of being knocked down, and kicked twice in the back - I let him in, and called our inspector - he sent me for Dr. Betson - he said, after he was in the station-house, that he found something pricking, as if he had been stabbed with a knife - I examined him about the loins - there were no marks of violence there - I examined his breast, and found a cut in his coat, almost big enough for a person's fist to go through - his waistcoat was cut not quite so large - his shirt appeared a very large tear - and, on another examination, I found a little cut which a sixpence would cover - it was stained with blood - there were stains of blood on his shirt - Dr. Betson said he thought the scratches were done by a person's finger-nails, and advised him to go home - he said, as he was treated so well in the hospital before, he wished to go there - our inspector, Mr. Young, desired me to go with him. Cross-examined. Q. You found next morning nothing serious had happened to him? A. The nurse said he had been cupped for a kick on the back - he wore a jacket the same as he has now - there was a hole in it nearly big enough to receive a man's fist - the waistcoat hole was not so large - the shirt had a tear in it much larger than the waistcoat - I believed his clothes to be cut with some sharp instrument - I consider that his shirt was torn - I thought the marks on his breast were done with three finger-nails; but the clothes appeared to be cut - I myself never heard a word about the knife till we got before the magistrate.
Prisoner's Defence. I am innocent.
JOHN MURRAY , (policeman K 178.) I was on duty in the Commercial-road on the 22d of May - about eleven o'clock at night I saw the prosecutor with two prostitutes drunk, or pretending to be so - he said, "I will give you 1s. 6d.;" and one of the girls said, "You shall not come under 3s." - I have known Munns a long while - I ordered the girls to walk on - I at first told him I thought he had been drinking - he said he had been at Hackney flaring up, and had had some half-and-half - I told him he had better go home, unless any accident happened to him, and went with him as far as Watney-street, where he turned down - I parted with him there - as he was going from me, he said, "It is all right, Murray - (putting his hand on his breast) - I have something here from them."
COURT. Q. Did you observe his clothes? A. I did- he had a blue jacket - I saw nothing unusual about his clothes - he said nothing to me about a knife - he said it was all right: he had something here - this was about an hour before he says he was stabbed.
NOT GUILTY .
Before Mr. Justice Taunton.
941. EDWARD RUCKMAN was indicted for feloniously breaking and entering the dwelling-house of Mary Ann Kew , on the 14th of May , and stealing therein 1 looking-glass, value 5s.; 1 table, value 13s.; 6 cups, value 2s.; 6 saucers, value 2s.; 1 glass tumbler, value 1s.; 1 set of fire-irons, value 7s.; 3 dishes, value 1s. 6d.; 6 plates, value 1s. 6d.; 2 knives, value 9d.; 2 forks, value 9d.; 1 tea-canister, value 6d.; 7 spoons, value 5s.; 1 pillow, value 2s.; 1 candlestick, value 6d.; 2 shifts, value 1s. 6d.; 2 night-jackets, value 1s. 6d.; 6 caps, value 3s.; 4 frills, value 1s.; 4 collars, value 1s.; 2 petticoats, value 1s.; 3 gowns, value 2s.; 2 blankets, value 7s.; 4 towels, value 1s.; and 1 glove, value 1d., her property .
MARY ANN KEW. I am a widow . My mother lives in Britannia-place, Bishopsgate - I was living with her during my illness, and am living there now - I went to live with her about the 15th or 16th of April, and left my apartments, which were at No. 16, New-Inn-yard ; but I did not give them up - I locked them up, leaving nobody in them - I left the whole of my furniture behind me - after quitting my apartments, I returned on Thursday evening, the 22d of May, about half-past eight o'clock at night - I found the door locked as I had left it - the first thing I missed was a table, and the swing looking-glass which stood on the top of it; every article stated in the indictment was gone - I missed some duplicates - they were locked up in a tea-caddy - I consider there were forty.
JOHN ALLEN . I am a coach-maker and wheel-wright, and live in Clarence-place. On the 22d of May a person came to my house, and brought something covered up in a blanket, and asked if he might leave it at my house - I never found out what it was, till they told me it was a table - he put it in my shop - I do not know how long it remained there - I went out in the morning; and when I came back, it was gone - it could not have been there three hours - I cannot say that I know the prisoner.
JAMES ALLEN . I am the son of John Allen. I remember a table being brought to my father's house between six and seven o'clock in a morning in May - it was covered up with a blanket, and I put it in the shop - I could not swear to the person who brought it; but I think it was the prisoner - he staid in the shop about two hours - I was present when Mr. Ware took it away - it was left for Mr. Ware, who lives next door to my father, and is a broker.
Cross-examined by MR. PHILLIPS. Q. Had you ever before sent any things to Ware? A. No - Ware was not up when it was left.
DANIEL WARE . I am a broker, and live next door to Allen. I recollect the prisoner coming to my house with some duplicates - it is about nine weeks ago that he first came, on a Saturday evening, I think - he brought the ticket of a bed first, and wanted to sell it - I asked him to leave the ticket, and I would look at the bed at the pawnbroker's, which he did - I went on the Monday morning, but the pawnbroker refused to show it unless I paid the money - next day I went with two police-officers, paid the money it was pawned for, and then took it home - there were three other duplicates left with me at the same time - they related to other pawnbrokers - I saw these articles, and purchased the tickets of the prisoner, I got the articles out, and placed them outside my door, and sold them- I gave him 5s. for the ticket of the bed - I cannot say whether I gave him 2s. or 3s. for the others - I think it was a sheet, bolster, and blanket, but cannot swear - on Thursday morning, the 22nd of May, Allen's son came and told me a young man had left a table there for me; and two or three days previous to that the prisoner had told me he should bring one - the table is here - the blankets I sold after I had bought them - he asked me 5s. for the table and blanket together, which I gave him - I saw the prisoner about nine or ten o'clock on the morning the table came - he asked me if I had seen it - he turned round and saw it standing there - he said, "Oh, that is it" - I asked what he wanted for it - he said I should have them for 6s. as they were - he wanted the money - I did not wish to pay him till next morning, and I gave him 3s. or 3s. 6d. in part payment - I had seen him before I bought the table, when an offer was made of the duplicates of other things - I cannot say how long it was back - he used to come two or three times a week sometimes, and sometimes brought one ticket and sometimes two of various articles, which he wished to dispose of - some I bought, and some I did not, as they were out of my line - one ticket was for two miniature pictures pawned for 6d. - one for six neck handkerchiefs - one for window curtains - I redeemed those articles.
Cross-examined by MR. PHILLIPS. Q. How soon after you got the table from Allen, was it claimed? A. Not till the next morning - I had planed it over then, and rounded the corners, which were square, but not to change the colour and shape - I usually do so if it is in a bad condition - I have always told the same story about this - one of the pawnbrokers was Whiskard, of Bishopsgate-street, and the other one opposite Church-street - I went to a pawnbroker's in Shoreditch - I think his name is Sadler or Smith - I never took particular notice - I saw the shopman at the pawnbroker's in Shoreditch - I do not know his name - I did not tell him I bought them of Mrs. Kew, and gave 1l. for them, nor any thing like it, in any respect whatever - I bought the things of the prisoner, because having known him for two years I had a good opinion of him - I do not know whether he was a housekeeper - I know he was on the point of marriage - I do not know what has become of the tickets, except two the policeman took - I redeemed what I bought, and the pawnbrokers had the tickets - I thought all these tickets (looking at them) were his property - this is for a table-cover and bed gown in the name of Keen, I should call it - he told me the person who pawned the things for him had put the name on the duplicates - she told me the name of Kew, for several of the duplicates were written plain.
Q. Did not you mention the name of Kew to Adnum, Smith's shopman, and say you bought them of Mrs. Kew, and gave 1l. for them? A. I did not - he did not ask me- I will not swear this name on the duplicate was meant for Kew - the prisoner told me they were pawned by Kew - I am not positive that the name on this ticket is Kew - I was three or four times in the shop in Shoreditch - I fetched a bed out of pawn, for which I got 28s. - I paid 5s. for the ticket, and, I think, 15s. 10½d. principal and interest.
MRS. KEW re-examined. Q. Before you returned to your apartments and missed the things, had you at any time gone to your apartments to look at them? A. Only once, that must have been about the beginning of May, I then looked about, but did not miss any thing - I had a tea-caddy on the mantel-piece containing the duplicates - it was locked - I did not examined it - when I missed all my property the caddy was still on the shelf, but it was broken open and all the tickets were gone.
JOSEPH FENNER . I am a tailor, and live in Red Lion-market - I had a child christened - I know the prisoner - I told him I should be short of plates and dishes, and wished to borrow some - he said he could borrow some of his landlady - on the 21st of May I saw some which somebody had brought - the prisoner said "I have brought some plates and dishes for your use" - he took them away next day - he said he had brought six plates and two dishes - and there were some cups and saucers, but we never untied them - on the Friday the officers came and took them all away after the prisoner was taken.
Cross-examined. Q. He told you he would borrow them of his landlady? A. Yes - I did not ask her name - I do not know her - I have heard him mention the name of Doyle as his landlady.
MRS. KEW re-examined. These half-dozen handkerchiefs are mine - I have one in my hand to correspond with them - I know the whole of the articles - this silk glove I think is mine, but I will not swear to it - the house is in the parish of St. Leonard, Shoreditch.(Evidence for the Prisoner.)
ELIZABETH KEMP . I am the wife of Thomas Kemp , of Milton-street - I know Mr. Wright, who lived in the lower part of Mrs. Doyle's house - on Sunday the 27th of April, I and my husband drank tea with Mr. Wright - I lost a black silk glove between the parlour door and the passage - (looking at the glove) I believe this to be my glove- I have the fellow to it here, the right hand one.
Q. Did he on any occasion tell you he bought the duplicates of Mrs. Kew, and gave a sovereign for them? A. Yes; I am certain of that.
(- Tinner and Samuel Gregory , in the employ of the East India Company; Thomas Collison , wadding and flock manufacturer, St. John-street, Brick-lane; Jeremiah Leonard , cotton-manufacturer, Colchester-street, Whitechapel; Elizabeth Dale , Baker's-buildings, Liverpool-street; William Wright , box maker, 10, New Inn-yard; gave the prisoner a good character.
GUILTY. Aged 23. - Recommended to mercy on account of his previous good character . Confined for One Year .
Before Mr. Justice Bosanquet.
942. THOMAS BEENDEY was indicted that he, on the 26th of May , feloniously did utter 1 piece of false and counterfeit coin, resembling and apparently intended to resemble and pass for a current shilling, and feloniously did falsely make and counterfeit the same , against the Statute.
MR. ELLIS conducted the Prosecution.
SAMUEL BANISTER . I am an inspector of the police. I was on duty, on Monday, the 26th of May, between ten and eleven o'clock in the morning, in New Way, Tothill-street, Westminster - Goose came to me, and I went to No. 19, Duck-lane, Westminster , accompanied by Goose and Sullivan, police constable - we went in at the front door, through the passage, and met a little girl - we passed her and went to a back room in the yard - the little girl called out, "Father" - I found the door of a room on the left hand side of the yard open - as I entered I saw the prisoner sitting on the right hand side of the fire-place, with something in his hand, which I took from him - it was the moulds for the obverse and reverse sides of a shilling - the fire was lighted - I seized the mould, and from it fell some white liquid metal on the hearth - it splashed on my trowsers - I opened the mould, and found a small quantity of metal in it - the prisoner looked up and said, "Hollo! hollo! what is the matter?" - I said, "It is all right enough, you know what is the matter" - I took him into custody, and gave him to Sullivan and Goose - he said to Goose, "Let me alone, Bob, and I will go with you quietly" - I searched the room, and in a drawer of the table at which he sat, I found two files, with white metal in the teeth, and two small hammers; and on a shelf at a short distance I found a new Britannia metal spoon: and hanging on the shelf, a bag of plaster of Paris - this piece of white metal I picked up on the hearth - this white metal was in the impression part of the mould; and here is part of the impression on it.
ROBERT GOOSE . I am a policeman. I accompanied Banister and Sullivan - as I entered the room the prisoner sat on the right hand side of the fire-place, with something in his hand - as soon as he saw us he put something into his mouth - I saw Mr. Banister take something out of his hand- he gave him to me - I said he had better give me what he had in his mouth, it would make the case neither better nor worse - and out of his mouth he put a counterfeit shilling, which I produce - on the table I found sixteen more counterfeit shillings - he told me he would go quietly with me, and said it was all up with him; that he was obliged to do it, for he could get no work - in the drawer I found a file containing white metal - I found in the drawer a pair of nippers, with the file, and white metal in the teeth of them - on the hob I found a tobacco-pipe, with white metal in it - on the shelf I found a piece of tin, with plaster of Paris adhering to it - I searched him, and found a knife with plaster of Paris on the handle and blade - I then made a further search in the back yard, and in the privy, behind the seat, I found another mould for a sixpence.
JURY. Q. Was the metal in the tobacco-pipe hot or cold? A. It was warm - it was on the side of the fire - the pipe was not full - there was sufficient fire to melt the metal - the hot metal was all running through the fire on to the ashes underneath.
JOHN FIELD . I am inspector of counterfeit coin to his Majesty's Mint, and have been so many years. This is a plaster of Paris mould to cast counterfeit shillings - it has on one part of it, the obverse side of the impression of a shilling, and on the other, the reverse side of a shilling - it appears to have been used for the purpose of casting - it is discoloured - here is some white metal, which seems similar to the shilling produced - the first shilling is counterfeit, which was taken from his mouth - the other seventeen are also counterfeit of the same description, and I believe they
Prisoner's Defence (written). I am charged with coining; it is a base conspiracy, to obtain the reward which his Majesty's Mint gives on such occasions. I was sitting in my back parlour, when Henry Wilson called on me, and asked me to let him leave the things which the officer found on the table, while he went to fetch a file; he had not left my place more than five minutes, when the officers came in and apprehended me, on the charge of coining. To deny that the coin was not there, or that I did not know that it was bad, would be saying that which no man would believe, - but, as to making them, it is entirely false. I implore you to investigate this case with mercy and consideration. As for the police-constable Goose, he has been a convicted felon, and was confined in the Brixton House of Correction for the term of six months, and has been discharged from the police-force two or three times for his misconduct. I told the police where they could apprehend Henry Wilson, but they would not do it: for their object is to gain the reward from the mint. The file found in the drawer of the table is what I have always used as a steel to strike a light with, belonging to my tinder-box; and the plaster of Paris found hanging up against the window is what I use in my trade, I being a plasterer.
GUILTY . - Transported for Life .
Before Mr. Justice Taunton.
942. THOMAS LEE and JOHN BATEMAN were indicted for feloniously breaking and entering the dwelling-house of Stephen Minter , on the 5th of June , at St. Luke , and stealing therein 1 half-pint of Noyeau, value 2s.; 1 quart of of raspberry, value 2s.; 1 quart of anniseed, value 2s.; 1 half-pint of brandy, value 1s. 6d.; 7 bottles, value 1l.; 1 rattle, value 1s.; 2 cocks, value 9s.; 1 tap cock, value 2s.; 3 sixpences, and the sum of 3s. in copper monies, his property .
STEPHEN MINTER. I live at the Bell, Red Lion Market , in the parish of St. Luke. I took possession of the house on the 2nd of May, and on the 5th of June, about half-past six o'clock in the morning, I discovered that my house had been broken open - I found the side door broken open - the front door was quite fast - the parlour door was wide open - that is at the back of the house - I left that door and window perfectly safe when I went to bed the night before - I saw myself that they were safe just before twelve o'clock - I could not find how they had got to the door and window - I saw no marks of violence - I had not heard them opened, though I slept on the first floor - they must have been opened from the outside - I missed seven ornamental quart bottles, of different cordials, from the bar- I had seen them there when I went to bed at night - they are worth 1l. - I missed all my money out of my till, three sixpences, and 3s. in half-pence and farthings - I missed a coat from the bar, worth 5s. - and another coat belonging to the late landlord's son was gone, that was worth 4s. - I had seen them the night before - also a watchman's rattle and a tapping cock.
JAMES TIDY . I live in Golden-lane - I am out of business - I slept in this house on the night of the robbery - I saw the bottles of cordials on the shelf about eleven o'clock, when I went to bed - the bottles were not full, any of them - there was raspberry, anniseed, noyeau, and some brandy - the brandy bottle was a very old one indeed - I had kept the house before the prosecutor came to it, and the bottles were part of the stock when I was there - I had had them about seven years - the liquors were changed during that time - (bottles produced) - this brandy bottle, which is broken, was whole when it was taken away- it had about half-a-pint of brandy in it.
CHARLES SCOTCHMER . I am a policeman. I was out on Thursday morning, the 5th of June, in Golden-lane, on duty - about ten o'clock in the morning, I saw the prisoners come out of a marine store shop in Golden-lane - Lee was carrying something in his apron - I asked him what he had got - he said he bought them of a boy - I asked what boy - he then said, "I will tell you the truth," and said, some sweeps gave them him to sell - Bateman ran away while I was talking to Lee; he is a sweep - I then asked him what sweeps - he said, they lived in Brackley-street; but, said he, "I am d-d if I split, I would sooner be transported myself" - I took him to the station-house, with two bottles which I found in his apron - at the station-house, when I searched him, I found three sixpences - Lee was taken afterwards to Worship-street, and said, "Charley, if you go to that house in Golden-lane, where you saw me and the sweep come out, you will find two more bottles - the woman offered us 3s. for four bottles - (he did not say what woman) - and we would not take it" - I apprehended Bateman on the 9th of June, in Bedford-place, Clapham, at a sweep's, where he had got employment - I told him I took him for breaking into a house at the corner of Red Lion Market - he said he knew nothing of it until Tom Lee and Minion had been in the house - Minion was in custody at that time for the offence - I had said nothing to induce him to give me an account - I neither threatened nor made him any promise - he said, that about three o'clock in the morning, Tom Lee and Minion went to the cellar, and told him they could put a shilling or two in his way; and took some half-pence and farthings out of their pockets and rattled them - that he then went with them to the market, where they had planted some things against Groom's shop - Groom is a sweep who lives in the market - he said, there he saw two coats, a rattle, a cock, and some bottles - the things were taken to the cellar, and what became of them afterwards, he did not know, except the two bottles which he went with Lee to sell - that he saw me, and thought it best to run away.
HENRY BERESFORD . I am a police-sergeant. In consequence of information, I went to a cellar in Brackley-street - on the Thursday morning, the 5th of June, about half an hour after Lee was brought in - I found it locked with a padlock - I broke it open, and in a large heap of ashes, I found two bottles, one quite broken, and the other with a little piece broken out - I found nothing more there- when Bateman was brought out of the station-house to
JAMES TIDY re-examined. I know these bottles are the same as I left in the prosecutor's possession when he took the house - I had them in my possession many years, and some of them are very particular bottles - one I described before it was produced - it is blue; and here is a very particular bottle - I have had them in my possession seven years - I have no doubt of them.
Lee's Defence. I and Bateman were walking in Drury-lane about half-past eight o'clock, and met two young men with four bottles - they said they would give us part of them, if we went and sold them - they would wait at the corner of Golden lane for us - we were with them till nearly ten o'clock, we staid in the cellar, and emptied two bottles - I went to sell them, and as I came out of the shop, Scotchmer asked what I had got.
Bateman's Defence. Scotchmer has false sworn what I said to him coming from Clapham - as I came along, he said, "If you have any thing to say, now is the time to say it" - I told him the morning previous to the robbery, Lee and Minion came to the cellar, opened it, and called Cook out - Cook went out with them - I did not say I went out with them, or showed them any thing.
LEE - GUILTY . Aged 17.
BATEMAN - GUILTY . Aged 16.
Transported for Life .
First London Jury, before Mr. Recorder.
ELLEN BORTHWICK . I am housekeeper to Alexander Melville, of Shoe-lane , baker . About three o'clock on the afternoon of the 23rd of May, I was in the room behind the shop, and observed the prisoner leaning across the counter, with his hand in the till - the door was open - I had looked into the till about two minutes before - there was then some silver in it, and some sixpences - the prisoner walked out of the shop - I went out into the street, and called "Stop thief" - he then ran up Shoe-lane, and was brought back - I looked into the till, and there was no money left in it.
Cross-examined by MR. PHILLIPS. Q. How long before he came in, had you seen the till? A. About two minutes - I was then serving a customer - there was nobody in the shop when he came in - I cannot say how much money was in the till - I know there were some sixpences, and one shilling - I cannot say whether there was more than one sixpence - I think there was more than one - but I cannot say how many.
Q. Did not you tell his Lordship, you could not say there was more than one sixpence in the till? A. Yes; I said there was a sixpence and a shilling - there was more than one sixpence - if I said "sixpences," I made a mistake - there was a sixpence, and a shilling - I cannot say how much money there was - I think there were two sixpences - I am sure there were two, for I was at the till two or three minutes before - I had no mark on the money in the till - two minutes before, when a customer came in, I served him with half-a-quartern loaf - he paid me sixpence, and I gave him twopence - there were two sixpences in the till - I was in the back-room at the time the prisoner came in - the door was open - it was day light but the back-room is dark - he could not see into the back-room, it is only lighted from the shop - there is a small window in it - I cannot say how many windows there are - I have lived in the house about three years- there are four windows in the room, it is a parlour - they do not look into the street - I was busy at the time, and was walking about - the prisoner walked out, and then ran - I said at Guildhall that he ran into Shoe-lane, out of the shop - he walked out of the shop, and ran up the lane - I saw him searched - more than I lost was found on him - I am accountable for the money in the till, in master's absence.
ALEXANDER MELVILLE. I live in Shoe-lane - the last witness is my servant - I had given change for a shilling a few minutes before and put it in the till - there was more silver in the till at the time - there were sixpences, but what number I cannot say - there was more than one - I went out, and when I came in the prisoner was in custody in the shop - he put his hand in his pocket, and took out one shilling and five sixpences, and laid them on the counter, and said that was all he had taken out of the till - the officer searched him and found 15s. more on him - I believe that was out of a different pocket, but I did not particularly observe, as my shop was full of people - he said that was his own money.
Cross-examined. Q. How much did he take out and say that was all he had taken out of the till? A. One shilling and five sixpences - I am sure there were five sixpences.
ELLEN BORTHWICK re-examined by MR. PHILLIPS. Q. Did you not tell me at all events there was no more than two sixpences in the till? A. Yes, as near as I can recollect it was two - I accounted for the second sixpence by receiving it for a loaf - there might have been more than two sixpences in the till.
COURT. Q. Have you an accurate recollection how many sixpences there were? A. No: I recollect seeing two, and that is all I noticed - I had not taken any sixpence from the till, shortly before.
THOMAS HODSON . I live in Elliot's-court, in the Old Bailey - I was in Shoe-lane, and saw the prisoner running towards Holborn, about three o'clock in the afternoon - I heard a cry of "Stop thief" - I ran out of the shop, and saw the prisoner running - one or two attempted to stop him, he got from them, but I got hold of him and held him - an officer came up and took him into custody - I fell down, he scuffled to get from me, but I held the skirt of his coat.
Cross-examined. Q. Was he at all tipsy? A. I did not notice that he was - he did not appear tipsy at all, to me - I did not see him searched.
Cross-examined. Q. Were you at Guildhall? A. Yes: the girl was there - I heard her examined - she did not swear particularly that there was only 1s. 6d. in the till, she swore there were sixpences and a shilling - she swore to a shilling and a sixpence being in the till, and she said there was other silver in it, there was a shilling and sixpence, and a new sixpence.
ELLEN BORTHWICK re-examined. I told Mr. Alderman Laurie there were sixpences in the till.
Q. Your deposition says, "I saw the till five minutes before - there was then silver in it, I am sure there was a sixpence" - what do you mean by saying there were two? A. I said sixpences - what I swore was read over to me - I said there were sixpences.
GUILTY . - Aged 23. Transported for Seven Years .
NAPTHALI HART. I live in South-street, Finsbury - on the 20th of June I was standing at the corner of Grace-church-street - I had just crossed over - as soon as I got to the hatter's shop, the prisoner came up to me, put his hand to my breast, took my diamond pin and ran off - I called out "Stop thief," and followed him as far as I could - he went in a zig-zag direction, from one side to the other, and got behind a cab - I never lost sight of him till he was stopped and taken - I did not recover my property.
Cross-examined by MR. CLARKSON. Q. You never lost sight of him; what became of the property? A. That he knows best about; I cannot tell - he was before me - he was taken within half a minute of the robbery - I turned round on him instantly - it was a brilliant pin - it was more than half a minute before he was taken - it was half a minute before I turned round on him - he was taken in a minute or a minute and a half - I turned round and called "Stop thief" - I never lost sight of him - it was very near four o'clock in the afternoon - it is a considerable thoroughfare - I am a watch manufacturer - persons were passing as usual - I saw nobody run but the prisoner and a witness here - I kept my eye on the prisoner and no other person - he might have dropped the pin - the street was covered with straw, Mr. Angel , the pastry-cook, being ill - the prisoner was taken between there and Finch-lane - he did not keep on one side of the way - I crossed to follow him - I could not stop him - I cannot tell who did - I charged him with robbing me - he denied it, and permitted himself to be searched.
COURT. Q. Do you undertake to say the prisoner was the person who actually snatched the pin from your breast? A. Yes; I turned round, and in about a minute and a half he was taken, and I was certain he was the person - I had never lost sight of him - I did not pursue him more than half a minute or a minute - he might have run a hundred yards, and had an opportunity of dropping the pin.
JOHN HOLMES (City police-constable No. 27). I was on duty, in Bishopsgate-street, and heard a cry of "Stop thief"- I saw several persons running in Cornhill - when I got up to the prisoner, he was surrounded by about a dozen persons - Hart came and gave him into my custody.
HENRY FINCH . I am a servant, and live in the Curtain-road. I was crossing from Angel's, the pastry-cook's, and saw the prisoner come directly from the gentleman, who called, "Stop thief" - I ran after him, and kept close to him till he was taken into custody - he was three or four yards from Mr. Hart, when I first saw him - he was coming directly from him - as soon as I ran, several others ran- the prisoner dodged us among the coaches, and was stopped - I am sure he is the person.
Cross-examined. Q. Were you on the same side of the way or the other? A. I was in the act of crossing the street on the same side of the way - I said, before the magistrate, that I was crossing in the opposite direction - I ran faster than the prisoner.
( William Woodley , boot and shoemaker, Thomas-street, Whitechapel-road; Henry Keys , Freeman-street, Spitalfields, traveller; William Read , Winchester-street, Walton-row, Bethnal-green; Sarah Leader , Black Lion-yard, Whitechapel; Isaac Harris , Trumpet-court, Whitechapel-road; and Henry Parker , Broker's-alley, Liverpool-street, gave the prisoner a good character.)
GUILTY. Aged 20. - Recommended to mercy by the Prosecutor . - Confined for One Year .
945. ELIZABETH GLANVILLE was indicted for stealing, on the 31st of May , 1 pair of cuffs, value 2s.; 5 collars, value 4s.; three-quarters of a yard of velvet, value 7s.; and three-quarters of a yard of calico, value 6d., the goods of Mary Acocks , her mistress .
MARY ACOCKS. I am a widow , and live at No. 40, Friday-street . The prisoner was five weeks in my service - she was only engaged for a month - on the 30th of May, she was leaving - I observed her pocket very bulky - we were looking for a spoon which was lost - I said I must have it found before she left - I saw something very bulky in her pocket - I said, "You have something very large in your pocket, what is it?" - she said it was only her handkerchief - I said, "It is something hard; you had better come out, and let me see what it is" - she stopped a little behind, and at last came out - I said, "Allow me to see what it is; you had better bring it out; it is more than a handkerchief" - she hesitated; then pulled out some cuffs and collars, and black-lead done up in a paper - she dropped some velvet, where she stood, by the side of a platewarmer; but that was not seen at that time - the property in her pocket was mine.
Cross-examined by MR. DOANE. Q. Her connexions are very respectable? A. I understand so, and from that motive I took her - I believe the family are reduced - she was servant of all work - she received more wages than she could possibly expect, according to agreement - I paid her nothing - I did not pay her any money, except what I gave her - I did sometimes give her money - if I sent her to dine with her aunt, I gave her a shilling - I gave her money
COURT. Q. Had you articles of the same description as those produced? A. Yes; I have - there are some remaining of the same texture - I kept the articles in a box, on a high shelf, in a sort of kitchen - the articles are worth 12s.
WILLIAM CARTLIDGE (City police-constable No. 56). I apprehended the prisoner and produce the things - the five collars and pair of cuffs were produced when I was fetched - I received them from Mrs. Acocks.
MARY ACOCKS re-examined. I have lost a good deal of property before - I never preferred a complaint against any servant - a man robbed my shop fifteen years ago - I prosecuted him - I have not prosecuted any body since - a woman stole a watch from a gentleman in my house; I went to Guildhall about that; I have no recollection of any other case - this girl was brought to me as a country girl, from Plymouth; and the mother is a sempstress who worked for me - she said the prisoner had arrived from Plymouth, but I found it was all a trick - I sometimes take a servant a month on liking - she was going - it was her wish to go, as she knew I had found out she had not come from the country.( Bishop Engram , Charterhouse-square, and Sarah Clapp , wife of J. Clapp, builder, Horsley-down, gave the prisoner a good character.)
GUILTY. Aged 17. - Recommended to mercy . - Confined One Week .
946. JAMES FROST was indicted for feloniously breaking and entering the dwelling-house of Charles Quin , on the 6th of June , at St. Dunstan in the West , and stealing therein one tea-caddy, value 10s.; 1 glass sugar basin, value 8s.; 1 dressing-case, value 7s.; 1 box, value 2s.; and 2 ink-glasses, value 6d., his goods .
CHARLES QUIN. I am a gold-beater , and occupy the house No. 10, Fetter-lane . On the 6th of June, at eight o'clock in the morning, I was informed this property was gone from the front parlour - the street door was kept open - the parlour door has a lock to it - I missed a tea-caddy, sugar basin, drawing-case, ink-box, and two ink-stands - I found some of them in pawn afterwards.
Prisoner. He gave quite a different statement at my first examination - he said nothing about breaking and entering - he said his doors were left open. Witness. The front door is always open - I know nothing about the parlour door, but it was wide open at half-past seven o'clock, and I shut it.
MARIA JENKINS . I am the prosecutor's aunt. I left the parlour at seven o'clock; I returned at eight and when I entered the door I missed the tea-caddy, drawing-case, and ink-box - I called Mr. Quin, and asked if he had removed the things - he went to the pawnbroker's.
Prisoner. Q. Was the door broken open? A. It was not locked - it was not left ajar - I am certain it was shut.
RICHARD JENNINGS FORD . I am shopman to Mr. Russel , of Holborn-bars, who is a pawnbroker. On the morning of the 6th of June, at near eleven o'clock, the prisoner brought a tea-caddy to pawn for 6s. - I suspected it was stolen, having received information, I detained him.
CHARLES QUIN re-examined. That is the tea-caddy I lost.
Prisoner. A man gave it to me who is in the habit of following policemen - it is a plot laid against me.
JAMES BEMAN (City police-constable, No. 26.) I apprehended the prisoner when I got to the pawnbroker's; he escaped out of one door as I went in at the other - I apprehended him in Gray's-inn-lane - I was concerned in no plot- I was sent for to apprehend him.
Prisoner. He did not apprehend me. Witness. He ran out of the shop - Ford and myself ran out, both laid hold of him.
Prisoner's Defence. I ran out to see the man who follows the policemen about - I know he is in the habit of leading many persons into difficulties - the police get a benefit by it.
GUILTY of stealing only . Aged 23.
Confined Two Years .
EDWARD WESTRUP. I live at Stratford, in Essex. On the 30th of May, in the afternoon, I was in Smithfield-market about four o'clock - I felt something at my pocket - I turned round instantly, and saw the prisoner close behind me - I saw my handkerchief fall from his hand - nobody was so near to me as he was - I picked up the handkerchief, and gave the prisoner into custody - that is the handkerchief; I delivered it to the officer - this is the handkerchief I lost - there was another lad very near him.
Prisoner. Q. What mark is on it which you can swear to? A. A W. - I marked it since it was picked up, but I knew it - I had used it a short time, and knew the pattern and colour - I have others the same - I have not the least doubt of it - I knew it when I gave him into custody - I swear I saw the prisoner drop it - I took hold of him instantly.
Prisoner. He said, "You have picked my pocket, you young scoundrel," and the policeman told him to mark it that he might know it. Witness. I am sure I saw him drop it - I saw it in motion - I did not see it in his hand - part of it might be on the ground - it fell between him and me - I should think it impossible to fall from any body else.
Prisoner. Q. Did not you try to get hold of the other, and say, "You young scoundrel, if I had you I would make you pay for all?" Witness. I did not say so - I think it impossible any body could drop it but him - there was no one directly behind but him - it was dropped right behind me - there was a lad within about a couple of yards of
Prisoner. Q. Was any body by you and me when you accused me? - were not people stopping for a horse and cart to go along? - I was walking along. A. He was standing still.
WILLIAM MACLENNAN . I am a serjeant of the City police, No. 4. I produce a certificate, which I obtained from Mr. Clark's office - I was present at the prisoner's trial in September last - he was convicted, and sentenced to six months in the House of Correction. (Read.)
Prisoner's Defence. I never took the handkerchief - I own I was here before - there was plenty of people round the gentleman besides me - he accuses me wrong.
GUILTY . Aged 14. - Transported for Seven Years .
NEW COURT. - Friday, July 4th.
Fifth Middlesex Jury, before Mr. Common Sergeant.
948. JAMES HENRY GORTON was indicted for stealing, on the 25th of May , 9 files, value 2s., and 5 bolts, value 1s. 6d.; the goods of John Braithwaite and others, his masters , to which he pleaded GUILTY . Aged 24. - Confined Two Months .
JAMES TIDMARSH. I am a linen-draper , and live in Regent-street . I have one partner - the prisoner was in our service twelve months. On the 20th of May, I saw a paper parcel on one of our muslin wrappers, and found it contained some Irish linen, partly cut up for shirts - I inquired aloud in the shop who it belonged to - the prisoner said it was his, and I gave it him - I afterwards looked through the books to see if any such linen had been entered to him - I found it had not - I inquired of each young man if they had sold the prisoner any linen - they said they had not - I then called the prisoner up-stairs, and asked how he became possessed of the linen - he said it was a piece of cloth which he had from his employer whom he lived with at Bristol - I said I felt assured it was our linen, and asked him where it was, that I might see it - he said it was not in his possession, as he had given it out to be made into shirts to a woman, but he did not know where she lived - but when he found I was quite positive, he said it might be a mistake, as a friend of his named Handley had bought some Irish of him about six months before - I discharged the prisoner, and went to Mr. Handley.
Cross-examined by MR. PHILLIPS. Q. Was not that linen in the shop where it could be seen? A. Yes; he told me the woman who had the shirts to make would call the next morning for a pattern shirt, and she did call for it - Mr. Handley told me that he had bought a piece of linen at our shop, which the prisoner's sister had to cut up for shirts; and that he had a piece which he had bought of his former master.
Cross-examined. Q. I believe some of this linen was cut up into shirts? A. Yes; four of them were - there was no concealment about them.
Witnesses for the Defence.
EDWARD HANDLEY . Some months ago, I gave the prisoner two sovereigns to get me a piece of cloth of his employer, similar to one which he had had for himself of his former master - his sister had to cut them both out, as I wanted to have mine the same pattern as his.
MR. TIDMARSH re-examined. Q. Do you know whether you had sold Mr. Handley any cloth? A. I have no account of it - it is customary to allow shopmen to purchase at wholesale prices - I find no entry in our book of this, but if the prisoner had paid ready money it would not have been entered.
JAMES DOWLING . I was porter to the prosecutor. I went with a parcel of some things which had been purchased at the shop, to the prisoner's sister in Stamford-street, Edgeware-road, by the prisoner's direction - I received this parcel from his sister, wrapped in the same paper that I had taken the parcel to the house in - I took it to my masters, and laid it on the counter - it was then about five o'clock, and day-light.
NOT GUILTY .
VIRGIL JAMES POWELL. I am a sorter of letters at the Post Office . I was at the Ben Johnson in Bath-street, on the 15th of June - I did not see the prisoner in the house, but I saw her when I came out - we went on to Mount Pleasant, and there the policeman warned me not to have any thing to do with her - he asked if I had any money in my pocket - I put my hand into my pocket, and pulled out two £5. notes, and 3 sovereigns and a-half fell out of the notes - the policeman assisted me to pick them up, and told me to go my way - he then spoke to the prisoner, who was at a short distance, and said, if she did not go her way he would shock her - I then went on, up Fleur-de-lis-court - I went into a public-house there, and called for something to drink - the prisoner came in and sat down - I fell asleep - when I awoke I missed my money and notes, and a gold shirt pin - one of the notes had my own writing on it - this is it - this is my shirt pin (looking at them).
WILLIAM SALTER BADCOCK . I am an officer. I took the prisoner into custody on the Monday evening following - I found this pin in her handkerchief, and this printed cotton and linen, which is new, in her room.
Prisoner. The prosecutor gave me the pin as a present. Prosecutor. I swear I did not - I was intoxicated, but I know I did not give it her.
JOHN DARE . I was in the Marquis of Granby public-house on the 15th of June - I saw the prosecutor and the prisoner there - I saw her pick his pocket; but what she took I do not know - she then had some conversation with a party which was there - they then went away - I did not know but that they were in company together - the prosecutor slept till the landlord awoke him - the prosecutor asked me if I would have half-a-pint of beer - I said I did not care if I did - he felt his pocket, and missed his property - I then told what I had seen.
Prisoner. He was not there.
Prisoner's Defence. I picked it up - I did not put my hand in his pocket - he was throwing his money about.
GUILTY . Aged 28. - Transported for Seven Years .
EMMA TEAR . I am the wife of Leming Warren Tear - we live at Hackney . The prisoner was in my service - I missed this ring about a week before she ran away - these are my spoons - she was with me one month - she ran away on a Wednesday evening; and on the next morning she came back, went on her knees, and begged my pardon - I took her back, and the next day she took another spoon - she was taken on the Saturday after - I had missed the ring for three weeks, and had the garden searched, and the cinders sifted, to find it - she assisted me to look for it - my shift has not been found - it was in the tub to be washed half-an-hour before she went away.
GUILTY . Aged 22. - Confined for Six Months .
DANIEL KEYTON. I live in Fore-street, Spitalfields . The prisoner lived with me as servant - on the morning of the 13th of May, I missed a pair of shoes, a clothes-brush, a goose-iron, and a towel - I accused the prisoner - she denied it - she was in great distress when she came to me - I gave her in charge.
GUILTY . Aged 22. - Confined for Fourteen Days .
RICHARD SIMPSON . I am a hosier, and live in the Strand. On the 15th of May, the prisoner came to my shop, and asked me to purchase these watch-guards for 25s. - I knew it was too little, and said they must be stolen - he said he gave a boy a book for them in Clare Market - I looked for a policeman, but did not see one - the prisoner left them with me, and went away - he said his name was Roberts, and he lived in Golden-lane.
Cross-examined by MR. PHILLIPS. Q. Did you leave him in the shop when you went for the policeman? A. I only went to the door - my wife was in the shop - he did not object to my keeping the goods, to see if I could find the owner.
JOHN HENRY MACHU. I live in Twister-alley, Bunhill-row . These watch-guards are mine - there are four dozen of them - I sell a great many; but only two dozen of this pattern have been sold, which I have traced - these are worth about 3l. - I know nothing of the prisoner.
Cross-examined. Q. Are there not a great many of these in different manufacturers' premises? A. These brown ones, I only know, are our make - the green ones I speak more particularly to, I think there are not many a like - I have not seen any - I cannot say when I saw them in my possession.
Prisoner's Defence. I bought them that morning for two books and 3s.
NOT GUILTY .
955. WILLIAM BROWN was indicted for stealing, on the 15th of May , 1 saw, value 2s.; 1 plane, value 1s. 6d.; and 1 square, value 1s., the goods of John Cummins ; and 1 plane, value 1s. , the goods of Thomas Figgins Medhurst .
JOHN CUMMINS. I am a journeyman carpenter , and work for Mr. Thomas Figgins Medhurst. I went to work in Lloyd's-court for him on the morning of the 15th of May - I found the shop had been broken open and robbed - it had been entered by the back premises, and these articles were missing - this saw, and plane, and square,
Prisoner's Defence. I found the tools in my yard.
GUILTY . Aged 18. - Confined for One Year .
GEORGE NOTTAGE. I have a house in Shoreditch ; it is unfurnished - I left the prisoner in care of it - I went there every day; and on the 24th of May the policeman gave me information - I examined the premises, and missed lead to a great extent - I suppose four or five times as much as we found.
CHARLES PHILIP REYNOLDS . I am a schoolmaster, and live in George-street, Shoreditch. About half-past six on the morning of the 24th of May I saw the prisoner come out at a back window of the prosecutor's house, go over the roof, and descend into the gutter - he had a knife in one hand, and a poker in the other - he began to cut the lead - I told a neighbour of it.
JOHN KERLEY . I was called by Reynolds, and saw the prisoner cutting the lead - I kept my eye on him, and saw him take the lead off the premises to Webb-square - I followed him, and made him bring it back and put it on the premises again.
Prisoner's Defence. I was two nights and two days and had no victuals - my master owed me three weeks' money.
GEORGE NOTTAGE. I allowed him 3s. a week, and had advanced him 3s. to buy a few articles to sell at the door - he has a pension besides.
GUILTY . Aged 78. - Confined Six Months .
957. HARRIET STOCKWELL was indicted for stealing, on the 27th of May , 4 shirts, value 1l.; 1 handkerchief, value 2s.; 7 flat irons, value 3s.; 1 pair of stockings, value 3s.; 2 napkins, value 6d.; 1 towel, value 6d.; and 1 pinafore, value 6d.; the goods of William Stockwell , her master .
MARY STOCKWELL . I am the wife of William Stockwell, and am a laundress. I employed the prisoner to iron - I lost these articles, and a great many more - they were in my care to wash - I have lost things for four months, ever since the prisoner worked for me.
Prisoner's Defence. They were taken with the intention of replacing them again - my husband had been out of work twenty-four weeks, and I told the prosecutor I had taken them, the evening I was taken.
GUILTY . Aged 36. - Confined for Five Days .
958. WILLIAM TAYLOR , HENRY CHAPMAN , and WILLIAM WILLIAMS , were indicted for stealing, on the 28th of June , 8 shirts, value 2l.; 1 cap, value 1s.; 5 pair of stockings, value 10s.; 3 pair of trowsers, value 1l.; 1 handkerchief, value 3s.; 1 waistcoat, value 3s.; 2 collars, value 1s.; 3 towels, value 3s.; and 2 table-cloths, value 10s. ; the goods of George Brown .
FRANCIS KEYS . I am an officer of Marylebone. On the 28th of June I saw the three prisoners coming down Tottenham-court-road; while I had my eye on them, I saw a little girl with a basket of linen on her head coming towards St. Giles's - they looked at her, and followed her, and I followed them - she walked on to the chapel, and put her basket down to rest - I saw Chapman go up and begin to talk to her - the other two were standing about ten yards off, one on one side, and the other on the other - I had before that met a person I knew, and took him with me - we watched them - Chapman talked with the little girl for five or six minutes - Taylor then went to Chapman, and put his hand to his hat, as if he knew him - in about two minutes Taylor took the basket from the ground, and they all walked together with the little girl down Tottenham-court-road - I followed them; and when I got to the corner of Goodge-street I met with two other persons I knew, and we all followed them to Sutton-street - the basket was put down at a public-house door, and one of the prisoners fetched out a pint of beer, which they all drank, and the pot was taken in again - the little girl then left them - Taylor took up the basket, and all the prisoners ran into Soho-square - I pursued them, with my friends - I took Chapman - Cooper took Williams - another man took Taylor, with the linen in his hand - the little girl came crying back, and I took her and the prisoners to the station-house - this is the basket - it contained the articles stated, but they were all given up, except this shirt and two pair of stockings.
SARAH BROWN . I am nearly ten years of age - I know the nature of an oath - my father lives in College-street, Camden-town - my mother was ill, and I was sent with the basket containing the articles stated to St. Martin's-lane - I set down the basket, and Chapman, who appeared quite a gentleman by his dress, came up and said, "Is not that basket too heavy for you?" - I said, "No, Sir" - he said, "O yes it is; stop a minute, and I will give a man two-pence to carry it for you" - Taylor, who was dressed shabby, then came up and took the basket, and we all walked on till we came to the public-house, when Chapman (the gentleman) said, "Come, my lad, I will give you a pint of beer now;" and he sent Williams in for a pint - we drank it, and they sent me for a half-pennyworth of biscuits - I was afraid to go, and stood peeping round the corner - I saw them start with the basket - I went after them, and cried, and the officer came to me - he took me to the office, where the basket and linen were.
Williams. Q. Did I say any thing to you? A. You talked to Chapman all the way you went.
SARAH BROWN, sen . I am the wife of George Brown. This is the basket, and these are part of the property I sent by my child that day.
Taylor's Defence. I had no intention of stealing the things - I was employed to carry them.
Williams's Defence. I was coming down the road - I asked these men the way to Westminster Bridge; they said they would show me - we went to the house and had a pint of beer - I was then going on and was taken.
TAYLOR - GUILTY . Aged 19.
CHAPMAN - GUILTY . Aged 26.
WILLIAMS - GUILTY . Aged 20.
Transported for Seven Years .
CATHERINE COLWELL . I am the wife of James Colwell - the prisoner was in my service for six days - I missed half-a-crown and two sixpences from the till on the 31st of May - I had seen them safe the minute before - no one had been near the till but the prisoner - he was then gone backwards - when he came in I accused him of robbing the till - he said he had not, he had not a farthing about him - I called Mr. Palin, who found on him this half-crown and one sixpence - he said he had no more, but he found another sixpence in his pocket.
Prisoner. Q. Can you swear to the money? A. No.
RICHARD PALIN . I was in the parlour, and the prosecutrix called me - the prisoner said he had not a farthing in the world - I said I would send for an officer - he then said he had a half-crown and a sixpence, which his mother gave him to purchase a hat - I said that would not do, he had another sixpence - he then produced another sixpence.
Prisoner's Defence. I was cleaning the bar - I went into the skittle-ground - when I came in again my mistress accused me of this money - I had not taken any out of the till - I pulled out 3s. 6d. and 1½d. - the 1½d. was my own.
GUILTY. Aged 17. - Recommended to Mercy .
Confined for Six Months .
GEORGE JOSIAH PAYNE . I am in partnership with my father, George Payne - we live in Mortimer-street - the prisoner was in our employ, and in the habit of receiving monies , for which he was to account nightly.
CHARLOTTE COX . I live with Colonel Cooper - he deals with the prosecutor for grocery - we paid the prisoner every week - I paid him 12s. 7d., 19s. 4½d., and 8s. 6½d. - I think they were all in May - he signed two of the bills in the book which we keep; but the last time he took the book away and did not bring it again.
Cross-examined by MR. STURGEON. Q. What day did you make the first payment? A. I cannot say, but they were in May - they are down in Colonel Cooper's book at home.
GEORGE JOSIAH PAYNE. I have not received either of these sums of the prisoner - if he received them, it was his business to give them to me.
Prisoner. One of these sums I never received.
CHARLOTTE COX. I can swear I paid them all to him, and two of them were made paid in the weekly book.
Cross-examined. Q. Then when you paid the 12s. 7d. did the book go home? A. Yes; it went home twice with two of these sums receipted in it - it went home every week to be made up - when I paid him the 8s. 6d. he took it home, and it never returned.
MR. PAYNE cross-examined. Q. Is it customary for your books to be made up every night? A. No; every man accounts to me nightly for every thing received in the day - I had noticed that Colonel Cooper's book did not come in regularly for several weeks - I inquired for it, and it was said that Colonel Cooper was out of town, and the book was locked up, and they were not having any goods - I always received the money myself.
GUILTY. Aged 21. - Recommended to Mercy .
Confined Six Months .
JOHN NUTT . I am servant to William Lacon Child, Esq. - he lives in Park-street, Grosvenor-square - I saw the bridle safe in the stable on the 23d of June, at ten o'clock - I did not miss it till the officer brought it the next day.
GUILTY . Aged 40. - Confined Three Months .
Before Mr. Sergeant Arabin.
962. MARY DOLBY was indicted for stealing, on the 14th of June , 1 veil, value 8s.; 2 shifts, value 4s.; 1 petticoat, value 2s.; 1 habit-shirt, value 1s. 6d.; 3 caps, value 1s.; 1 handkerchief, value 1s.; and 1 bed-gown, value 1s. ; the goods of Martha Warburton .
MARTHA WARBURTON. I am a widow . I have known the prisoner eight months - she came to assist me to wash - this property was my own - I missed a shift and petticoat on the 14th of June - I asked the prisoner where they were - she put on her bonnet, and walked out, and would not make me any answer - I saw her again in the evening, and asked her where they were - she still denied knowing any thing about them - these are them.
WILLIAM ELLIOTT (police-serjeant D 18). I took the prisoner to High-street office, on the 18th of June. When we got to Fair-street, she said, "If I give the duplicates up, will it be all right?" - I said I did not know - she put her hand in her bosom, took out eight duplicates, and said,"These are all her things."
EDMUND DAVIES . I live with Mr. Marchant , a pawnbroker, in the Edgware-road. I have an apron and habit-shirt - I do not know who pawned them - I gave this duplicate for them.
Prisoner's Defence. The caps I know nothing of, the rest she knows I took.
GUILTY . Aged 35. - Confined Three Months .
GEORGE GARNELL . I am in the employ of Mr. Joseph Bruce, a shoemaker , who lives in the Haymarket . On the morning of the 30th of May, the prisoner came to the shop and asked for a pair of shoes, of the size of a silk shoe which he produced - he then asked for some children's shoes - I turned to get them, and he said the price of the women's shoes was too much, and he would call again - he went out, and I missed a pair of shoes from where he had been standing - I went after him - he went to a pawnbroker's shop, and offered them for sale - I stopped him - these are the shoes - they are my master's.
Prisoner. He did not see these shoes in my hand.
GEORGE GARNELL. Yes, I did, When you were in Jermyn-street, you went into the pawnbroker's - I know them by my own mark in them - I had not shown you these.
Prisoner's Defence. The witness has stated what he cannot prove; that he saw these shoes in my hand, when I was one hundred yards from him. I throw myself on the mercy of the court.
GUILTY. Aged 75. - Recommended to mercy by the Jury, believing he did it from distress. - Judgment Respited .
BENJAMIN JOHN ARMSTRONG. I am an oil-merchant , and live in Hatton-garden . On the 14th of June, I had a £5 bank note, which was folded up in an agreement, in my counting-house - I had a boy, named Linnean, in my service, who swept out the warehouse - when I had missed this note, suspicion fell on him, and, in consequence of what the boy said, the prisoner was taken - he had been employed by the servants to do what was wanted - the prisoner fell on his knees in the street to beg my pardon - he declared the £5 note had done him no good, for he took it to the Bank, got five sovereigns for it, and, in coming through Newgate-street, he felt in his pocket, and he had lost the money through a hole in his pocket.
EDWARD LINNEAN . I lived with the prosecutor - I picked up the letter, and laid it on the counting-house desk- I then saw the note, and put it in my pocket - I went on an errand, and met the prisoner - he said, "How is all at home?" - I said, "Pretty well" - I showed him the note, and asked him what it was - he said, "It is a £1 note; I will get it changed at the Bank for you" - I said,"Could not you get it changed at a shop?" - he said, "I do not know; is it a foreign one?" - I said I could not tell - he looked at it, and said, "It is all right" - he asked where I got it - I said, "I picked it up" - he said, "Never mind where it came from" - I did not tell him where I picked it up, and I am sure he said it was a £1 note - I can read a little, and I saw the words "Bank of England" on it - the prisoner told me to call at his home in the evening, and not to tell his wife of it.
Prisoner. Q. Did not you tell me you found it in Hatton-garden? A. No; I said I picked it up - I did not say it was stolen.
Prisoner's Defence. I was going to work, and met this boy, who said he had found the note opposite the office.
NOT GUILTY .
RICHARD JONES (police-constable H 158). I fell in with the prisoner, in Shoreditch, on the 7th of June - he was carrying two pair of shoes in a bundle - I asked him what he had - he said, "Nothing" - I found the shoes in it, and then he said another boy gave him them to carry - there was another boy with him, who went away - he was about five minutes' walk from the prosecutor's.
GUILTY . Aged 12. - Transported for Seven Years .
Before Mr. Common Sergeant.
JOHN OGILVIE. I am clerk at Mr. Adams's wharf. This is my coat - I hung it in the counting-house - on the 19th of June, I left it about five minutes, and then found it in the gate-keeper's hands.
THOMAS CRACKLOW . I am gate-keeper at the Leith and Glasgow wharf - I saw the prisoner coming out of the gate with his arm in a sling, and this coat concealed under his arm - I asked what he had got there - he said he did not know - I pulled it out, and asked where he got it - he said it was given him.
Prisoner. It laid at the door, and was given to me.
GUILTY . Aged 58. - Confined One Month .
ABEL BIRCH. I live at Knightsbridge , and am an undertaker . I knew the prisoner as clerk to Mr. Fisher, my solicitor - he came to my house, on the 23rd of May, just before six o'clock in the evening, and stated that he had been to Cadogan-place to take up a bill of exchange for his
JOHN NORRIS FISHER . I am a solicitor. The prisoner had been my clerk, but had left me six months be fore this - I did not employ him to get this money - he conducted himself very well till the latter part of the time.
GUILTY. Aged 23. - Recommended to mercy .
Confined Three Months .
ANN MARIA BARRY. I am single , and live with my mother, in Northampton-street - the prisoner was my mother's servant from the 16th to the 25th of May - she ran away that day, while I and my mother were gone to chapel - she had been left in care of the house, and when we came home, we could not get in - a friend of ours got in at the back, and let us in - we found a missionary box had been broken open, and some money taken out: and the next morning I missed my dress - this is it - I had seen it safe the night before.
Prisoner's Defence. I went out, and met some females who persuaded me to go back and take the dress, which I did - I was sorry for it afterwards.(The prisoner's brother, a horse-hair manufacturer, promissed to employ her.)
GUILTY . Aged 16. - Confined Three Months .
LAWRENCE ASH . I am in the service of Mr. Mannering, tailor , who lives in Tottenham-court-road . The prisoner's father works for my master - on the 10th of June, I was desired to conceal myself, and watch the prisoner - I saw him open a drawer in our shop, and take out this waistcoat-piece, and put it in his hat - I gave information.
Cross-examined by MR. PHILLIPS. Q. Were you there when he came into the shop? A. Yes, he asked my master for some wadding - my master sent him out for something - he did not leave his hat behind him in the shop - my master sent me out with a pair of trowsers, and when I came back I saw the prisoner come in again, with his hat on - he came for his father's wages on the Saturday night before, and master would not give him them - he said he wanted to see his father - the prisoner said he would not go out of the shop until he had the wages - but master was not angry - I never saw him angry - the prisoner's father came at last, and went into the counting-house, and the door was shut - the prisoner worked under his father - there is a square aperture over the shop - I did not look up to see if there was any female there.
EBENEZER MANNERING. On the 10th of June, I directed Ash to watch my premises, and, in consequence of what he said, I went to the prisoner, took off his hat, and found this waistcoat-piece in it - it had not been sold - I said to the prisoner, "You are the thief" - we had had strong suspicion before.
Cross-examined. Q. Had you had any difference with the prisoner a little before, about a coat, which he did not make properly? A. He, or his father, had done something which I did not like - he was rather impudent - I gave him a shove, and he went into the street, but the force did not push him out - I was quite cool - this was at the time he came for the wages - there is an aperture over my shop - there was no female up there - I had sent the prisoner out this day - the waistcoat-piece was found in his hat - he did not say it had been put into his hat by some one.
MR. PHILLIPS to LAWRENCE ASH. Q. What did your master say to the prisoner, when he found this in his hat? A. I do not recollect - he told me to get an officer, and asked if it was his waistcoat - the prisoner begged my pardon, and Mr. Mannering's - I am sure of that; and he said he would not do it any more - he said so in my master's presence - I do not know that my master heard it.( John Keough , a tailor, of Brewer-street, and Edward Ferbroach , gave the prisoner a good character.)
GUILTY . Aged 18. - Confined Two Years .
CHARLES SPRAKE. I keep the Hog in the Pound, in Oxford-street - the prisoner came there about twelve o'clock at night, on the 6th of June - he asked for a bed, and paid 1s. for it - it had two sheets on it - the next morning he was gone, and the sheets off the bed - I found him on the 10th of June in a public-house - I charged him with taking the sheets - he said he had, and had pawned them, but he meant to bring the duplicate back.
Prisoner. I had been out of place for nine months - I was obliged to pawn every thing but what I had on.
GUILTY . Aged 23.
971. ROBERT NICHOLS was again indicted for stealing, on the 23rd of May , 3 sheets, value 7s.; 4 waistcoats, value 10s.; 2 pair of trowsers, value 6s.; and 4 handkerchiefs, value 6s. , the goods of Evan Evans .
EVAN EVANS. The prisoner came to my house on the 23rd of May, and had a bed. I got up at six o'clock the next morning, and went out to work - I returned at nine -
Prisoner. I never was in his house in my life.
GUILTY . Aged 23. - Transported Seven Years .
There was another indictment against the prisoner.
JAMES MARLOW . I am shopman to Mr. Dickenson Sowerby, pawnbroker , Brick-lane . I was in his shop on the 30th of May - about six o'clock the prisoner came in to look at a remnant of lace in the window - we did not agree about the price - she was going out, and took a shawl which was hanging inside the shop - I sent a young man after her - she was taken with it under her arm - this is it.
GUILTY . Aged 26. - Confined Two Days .
973. SUSAN SOUTHWOOD was indicted for stealing, on the 27th of May , 3 sheets, value 12s.; 1 bolster-case, value 6d.; 1 towel, value 8d.; 2 candlesticks, value 1s. 6d.; 1 set of bed furniture, value 5s.; and 1 flat iron, value 6d. , the goods of Gilbert Plummer .
ELIZABETH PLUMMER . I am the wife of Gilbert Plummer - we live in Milton-place, Edgeware-road . The prisoner took a ready furnished room at my house three months ago, with a man who passed as her husband - these articles were in the room - I missed them, and got the officer - these are some of the articles - there were others which have not been found.
Prisoner's Defence. The prosecutor had given me warning - I told her what was deficient, she should have replaced in the room - she said, "Very well" - but as I was coming home I was taken.
ELIZABETH PLUMMER. I said no such thing.
GUILTY . Aged 45. - Confined One Year .
SARAH TRUE . I am the wife of John True. We live in Praed-street, Paddington - the prisoner came to nurse me on the 8th of April - my husband was very ill, and I sent her to pawn some things for me two or three times, and she brought the duplicates to me - I missed a bed-gown and shift, and various other things - I asked the prisoner what she had done with them - she denied all knowledge of them.
GUILTY . Aged 49. - Confined Three Months .
Second London Jury, before Mr. Serjeant Arabin.
976. CHARLES MYERS was indicted for stealing, on the 23rd of May , at St. James's, Duke's-place , 6 spoons, value 17s.; 1 pepper-castor, value 10s.; 1 pair of sugar-tongs, value 5s.; 1 eye-glass, value 1s.; 7 gowns, value 3l.; 8 shirts, value 2l.; 6 table-cloths, value 30s.; 9 scarfs, value 6l.; 8 shirts, 30s.; and 6 shifts, value 15s., the goods of Solomon Aarons , in his dwelling-house .
MARY AARONS . I am the wife of Solomon Aarons - he lives in Duke-street, Aldgate , in the parish of St. James, Duke's place. On the 23rd of May, I was going up stairs about ten o'clock at night - I opened the room door, and found my things strewed about the floor - it was the two-pair room - the things had been taken out of the drawer - I did not go into the room, but I heard a chair stir - I ran down, and went out and called for assistance - I had been in that room at six o'clock, and the things were all right then - the prisoner had no right in my house.
MICHAEL JACOBS . I live in Duke-street, Aldgate. I was sitting down about ten in the evening, and heard the alarm - I ran out, and saw Mrs. Aarons holding the door, she said there were thieves in the house - the prisoner got out - I took him and gave him to the officer - he had no right in the house.
MARY AARONS. This is my husband's property, and is worth what is stated in the indictment.
Prisoner. This is my first offence - I leave myself to the mercy of the Court.
GUILTY . Aged 19. - Transported for Life .
Prisoner's Defence. I was taken from this gaol to go to a ship, but the gentleman told the captain he had me from here, and the captain would not take me - I was thrown on the wide world to do what I could - I was walking up Thames-street, and saw this handkerchief on the ground - I picked it up, and the gentleman seized me - he threw me on the ground, kicked me, and called me a name not fit to be mentioned.
GUILTY . Aged 20. - Transported for Fourteen Years .
JOHN RETALLICK. I am an assistant to a linen-draper . On Saturday evening last, I was on Snow-hill - I felt a pull at my pocket - I turned and saw the prisoner with my handkerchief in his hand - I accused him of the theft - he was very impudent - a gentleman came by and said he was an old offender - the prisoner wanted to knock him down, but I gave him into custody.
GUILTY. Aged 16. - Judgment Respited .
CLEMENT DAVIS. I sell meat in Leadenhall-market . The prisoner came on the 3rd of May and bought two legs of pork - I was to send my boy with them to Aldgate to bring back the money - I told the boy to bring back the money or the pork - he came back without the money - I have known the prisoner sixteen or eighteen years, but I never trusted him - he always paid for what he had.
GEORGE DAVIS. I am son of the prosecutor. The prisoner bought the two legs of pork - my father sent me with the pork, and told me to bring back the pork or the money - the prisoner took me as far as Harrow-alley - he then took the legs of pork out of the tray and went into a public-house - he came out again and went up the alley - I followed him - when he got to the end I lost him - I went back to my father.
Prisoner's Defence. I wanted them for a person who was not in the public-house - I had to go on to Mansel-street - I meant to pay for them.
NOT GUILTY .
JOHN BROWN. I am a linen-draper and silk-mercer , and live at No. 124, Minories . On the 17th of May, the prisoner came to the shop and looked at a quantity of ribbons - after giving me a great deal of trouble he asked about the price, and said he wanted to ship them - when we had arranged about the price he drew my attention to the counter several different times, and his fingers were about the ribbons, and they were removed - in one instance he desired to see some goods from the window - I got them, and noticed that the ribbons were removed more than usual - I looked at him, and saw one of his pockets was a little larger than it had been before - I then said, "Before we go any further we will settle for these" - he said, "No, no, go on" - I said, "We will make an invoice of these" - I set down the lengths of the ribbon - he several times wanted to call off my attention, but I said, "No, stay where you are"- when I had made out the invoice, I said, "Now I want the money" - he said, "I shall return in my horse and chaise, and pay you, and buy some more" - he was then going out - I got between him and the door, and said, "I want to see what you have got in your pocket" - he said, "Good God! what do you think I have got?" - I sent for the officer, and as the officer was coming in, the prisoner pulled these ribbons from his pocket - they are not in the invoice at all.
Cross-examined by MR. CLARKSON. Q. Had you known him before? A. No - he was a stranger to me - he had never dealt at my shop to my knowledge - these ribbons cost me rather more than 2l. - they are new ribbons.
Prisoner's Defence. I have bought of him three different times - I bought 90l. worth in Holborn, and once in the Borough, and in the Dover-road.
SOLOMON HART . I live in Middlesex-street, Whitechapel - I have known the prisoner thirty years - he has been a tradesman, but met with reverses - he now deals in jobs - I was with him when he was thrown from a chaise, eighteen months ago - he has been very little able to attend to business since that - I was with him thirteen years, and was compelled to leave him on that account - Mr. Brown knew him well - he bought 98l. worth of goods at one time of him - he then lived in Gloucester-street, Commercial-road.
MR. BROWN. I never saw the prisoner to my knowledge - I remember the dealing for 98l., but that was with the witness Hart - we deal with many customers for ready money, and do not know them.( John Davis , of Ratcliff-highway, and David Davis , of Shadwell, gave the prisoner a good character.)
GUILTY . Aged 42. - See the 5th day.
JAMES ORAM. I was in a passage leading from Bartholomew-close , on the 6th of June, and saw the prisoner with a little boy - the prisoner put his hand in my pocket, took out my handkerchief, and put it into his waistcoat - I followed them to Aldersgate-street, where I took the prisoner by the collar, and took him into a shop, where I was persuaded to let him go - I am sure he is the person - I saw my handkerchief in his possession.
Prisoner's Defence. I was going to look for a place, and this gentleman came and took me into a straw bonnet shop - he found nothing on me, and let me go - he asked me where I lived - I told him, and next morning he came and took me out of bed.
GUILTY. Aged 17. - Recommended to mercy .
Transported for Seven Years .
DANIEL BEVIN. On the 26th of June I was coming from Spitalfields, about twelve or one o'clock; when I was in the Broadway, Bishopsgate , I felt a tug at my pocket - I turned round, and caught the prisoner; but seeing some more just by, who I thought were his companions, I threw him on the pavement, and went to seize another; by this time the handkerchief was thrown on my arm - I had seen it in the prisoner's hand - I did not let him go till the officer came and took him.
GUILTY . Aged 19. - Transported for Seven Years .
RICHARD DUTTON. I am a wool-broker . I was in the new opening to London bridge , on the evening of the 15th of June - I felt a touch at my pocket - I turned and saw the prisoner - I knocked him down, with my handkerchief in his hand - I took him to the Mansion-house, and gave charge of him - this is my handkerchief.
Prisoner's Defence. I was coming over London bridge, and this gentleman knocked me down - he hit me three or four times, and kicked me - I knew nothing of the handkerchief.
GUILTY . Aged 17. - Transported for Seven Years .
WILLIAM FINNIMORE. I am a schoolmaster . On the 22nd of June, between eight and nine o'clock, I was coming up the steps leading from Thames-street to London bridge - I felt some one step on my heel - I turned, and saw the prisoner passing from behind me, and stuffing something into his trowsers - I felt my pocket, and missed my handkerchief - I seized him by the collar, and gave him in charge - here is my handkerchief; it was found between his legs.
GUILTY . Aged 16. - Transported for Fourteen Years .
ALEXANDER CHARLES BRICE. I am in an office in the City - on the 12th of June, about half-past five o'clock in the evening, I was at the corner of King-street, Cheapside - I was moving from one side of the pavement to the other, and felt a pull at my pocket - I turned and caught the prisoner - he got away and ran a few yards down King-street - I called to a person to stop him - I came up, and he asked what I wanted - I said he had taken my handkerchief - he said he had not, and offered to be searched - I was going to search him, and a woman came up and gave me this handkerchief, which she saw him drop - I had seen it in his hand at the corner of King-street, in Cheapside, and seized him with it, but he got from me a few yards.
Prisoner. Q. Where did you pick it up? A. At the corner of King-street - I saw you run, and the gentleman after you.
Prisoner's Defence. I was at the bottom of King-street - the gentleman came and said I had picked his pocket - I said I had not, he was welcome to search me - he said he would, but while he was standing there, the officer came up with this woman - the officer asked her if she saw the handkerchief drop; she said, no, but she saw it on the ground at the corner of Cheapside, and took it up - she afterwards said she saw me drop it - I wish the officer to be asked that question.
PHILIP PARISH. She said she saw him drop it: I said,"Do you mean this man?" she said, "I did not see his face, but it was the man the gentleman ran after."
GUILTY . Aged 19. - Confined Three Months .
HENRY DENNETT. On the 1st of July I was on Ludgate-hill , about three o'clock in the afternoon - a young man tapped me on the shoulder, and said the prisoner had my handkerchief - I cried "Stop thief," the prisoner ran, and was turning into Belle Sauvage yard when the officer took him - this is my handkerchief.
GUILTY . Aged 17. - Transported for Seven Years .
GEORGE WORT. I am a carman . I met with the prisoner, (who was a stranger to me,) at a public-house in Cow-lane, about eleven o'clock at night, on the 1st of June - I was not drunk - I looked in there for one of my fellow-servants, and saw the prisoner in company with a man I have known some time - he asked me if I would treat him; I said I did not mind - I took my money out and paid for a pot of beer between him, the prisoner, and me - I had five sovereigns and a half, and 16s. 6d. in silver - it was for two loads of hay I had sold on the Saturday - I paid forFarringdon-street , and we found his mother - the prisoner then said she could find where he was - she took me to a house - she asked me to stop with her - I went up stairs and gave her a shilling, but I had nothing to do with her - I had put my purse into my hat - she then wanted me to give her another shilling - I turned my head and saw her with my purse in her hand - she took three sovereigns out; whether she put them in her mouth, or what, I do not know, but I am satisfied she had got my money out of my purse - I caught hold of her and called the woman below to get an officer - he came and took her - I had taken my purse out of her hand and wished her to give me my money again - she declared she had not got it.
Prisoner's Defence. I met the prosecutor, who asked me to have a glass of ale, which I did - he asked me to go to the house with him - he knows the purse was in his own hat - I did not take it out.
NOT GUILTY .
988. DANIEL NEAL was indicted for stealing, on the 25th of April , 4 pair of ear-rings, value 18s.; 6 rings, value 50s.; 2 lockets, value 10s.; 1 brooch, value 2s.; 2 seals, value 6s.; 1 thimble, value 1s. 6d.; 1 pair of snuffers, value 3s.; 2 pieces of blood-stone, value 3s.; 3 snaps, value 4s.; 4 breast-pins, value 12s.; 1 cross, value 5s.; 1 gross of bodkins, value 6s.; 2 snuff-boxes, value 1s. 6d.; 1 knife, value 2s.; 3 china ornaments, value 1s. 6d.; and 2 guard-chains, value 1s., the goods of Jacob Nathan Calisher , his master .
JACOB NATHAN CALISHER. I live in George-street, in the Minories , and am a jeweller . I have known the prisoner about three years - he was in my employ as errand-boy about seven months - I discharged him about the 25th of April - the officer found these articles at his lodgings - I was not with the officer - I did not know where the prisoner lived - I knew it was somewhere about the Minories.
JAMES ROBERTS . I am an officer. I went to the prisoner's lodgings, and took him - I found these articles in a box, under the bedstead - he said it was his bedstead, and I found him in that room - he said the goods belonged to Mr. Calisher, his master.
Cross-examined by MR. PHILLIPS. Q. Did you say that before the magistrate? A. Yes; I think I did - I believe what I said was read over to me - both Mr. Calisher and Mr. Levin were present when the prisoner said so.
JACOB NATHAN CALISHER. This is my property - I had discharged the prisoner.
Cross-examined. Q. How came you to say you did not know where the prisoner lived? A. I did not, till I was sent for by Mr. Levin, and we went to his house - I did not owe the prisoner any thing at that time; he had summoned me for his wages before that; when I asked him what his wages were, he said 4l. 9s. - I said it was 3l. 17s. 6d. - he said that was not right, and he went away and summoned me - he said Mr. Alexander was by when I agreed with him, but he was not - he summoned me, and he had to pay the costs - he left me on the 25th of April - I found these things about six weeks afterwards - some of them have my mark on them - I might have sold some of these things with my mark on them.
GUILTY . Aged 18.
989. DANIEL NEAL was again indicted for stealing, on the 12th of June , 11 china ornaments, value 8s.; 72 fiddle-bridges, value 6s.; and 3 burning-glasses, value 1s., the goods of Ephraim Levin and another, his masters .
EPHRAIM LEVIN. I live in Jewry-street, Aldgate - I have one partner - the prisoner was in our employ as porter - he came in May, and we discharged him on the 12th of June - we then had suspicion, and searched his house.
JAMES ROBERTS . I searched the prisoner's house on the 12th of June - I found these articles in a box, which he said was his - he said he was very sorry for what he had done, but these goods all belonged to Mr. Levin, and he had taken them from his master - I found on him 5l. 13s. in money.
EPHRAIM LEVIN. I believe this property to be mine; but I cannot swear to it.
GUILTY . Aged 18. - Transported for Seven Years .
CHARLES JOHN MARE. I was opposite Foster-lane, Cheapside , on the 19th of June, between two and three o'clock - I felt some one touch me behind - I turned, and saw the prisoner putting my handkerchief into his bosom, and running over the way - I ran after him down Foster-lane - I saw him throw my handkerchief down - I took it up.
FERDINAND BRAND . I was passing and saw a crowd - the prisoner ran out of the crowd with this handkerchief in his hand - I followed him - he put it into his breast, but being closely pursued, he threw it down - I gave it to the prosecutor.(Property produced and sworn to.)( John Wise , a bookbinder, and Mr. Burnett , gave the prisoner a good character.)
GUILTY . Aged 15. - Confined Three Months .
OLD COURT. - Saturday, July 5th, 1834.
Third Middlesex Jury, before Mr. Common Sergeant.
991. WILLIAM HESTER was indicted for stealing, on the 15th of May , at St. Luke's , 1 watch, value 25s.; 1 pair of ear-rings, value 5s.; 8 spoons, value, 1l. 17s.; 1 pair of sugar-tongs, value 7s.; 2 brooches, value 20s.; 4 sovereigns; and 1 half-sovereign, the goods and monies of Robert Anderson , in his dwelling-house .
Ironmonger-street , St. Luke's. On the 15th of May, the prisoner came to me on liking, as an apprentice - he stayed about six hours, then went away, and did not return - a short time after, I went down stairs, and missed the articles stated in the indictment, which are worth £3 6s.; and four sovereigns, and one half-sovereign - I had seen the watch about half an hour previous, and the earrings in the morning - I have not seen any of them since - he went away about half-past six in the evening - these articles were all in different places - nobody came in or out from the time they were safe, till they were missing - I saw nobody come in - I saw the watch safe at six o'clock, but nothing else.
MARY ANDERSON . I am the prosecutor's wife. I missed the spoons, and then the brooches - I had seen the seven spoons all safe a quarter of an hour before the prisoner left - the sugar-tongs and mustard-pot were in a bag by themselves - I saw the two brooches in a little box, by the side of the bag - the four sovereigns, and the half-sovereign, I put away in the morning, about twelve o'clock, in the caddy, on the dresser.
Cross-examined by MR. PHILLIPS. Q. Had you opened the bag, and seen the things in it? A. Yes; about four o'clock in the afternoon - I cannot say at what time they were taken - I put the money away about twelve o'clock in the morning, in a tea-caddy, in the front parlour, on the drawers - we do not keep a shop - I was not in the parlour all day - my bed-room and kitchen join the parlour - I do not believe I went up stairs - I cannot tell whether the things were taken all at once.
GUILTY of stealing under the value of £5 . - Aged 17.
Transported for Seven Years .
Second London Jury, before Mr. Justice Bosanquet.
"Bury, Jan. 27, 1834.
"Messrs. Goslings and Sharp, Pay to Mr. Aikman, Tailor, Putney, or order, the Sum of £184 9s., and place the same to my account. BRISTOL.
"Messrs. Gosling and Sharp, Fleet Street, London."
On which said bill of exchange was written a forged endorsement thereof, which is as follows: - "R. Aickman."
Feloniously did offer, utter, dispose of, and put off, with the said forged endorsement of the said bill of exchange, with intent to defraud Richard Gosling and others, he well knowing the same to be forged , against the Statute.
3rd and 4th COUNTS like the first and second, only omitting to set out the instrument.
MESSRS. BODKIN and LEE conducted the Prosecution.
GEORGE STRANGE . I am cashier to Richard Gosling, Benjamin Sharp , and others, who are bankers , in Fleet-street. The Marquis of Bristol kept an account with us - I knew the prisoner as being one his lordship's establishment -(looking at a bill) on the 30th of January the prisoner presented this bill for payment - at that time this endorsement,"R. Aickman," was on the back of it, and nothing more - after some little hesitation about the endorsement, I paid the bill - this receipt above the endorsement, and the prisoner's name below it, was written by the prisoner after he presented it - the prisoner said he received it for Mr. Aikman.
Cross-examined by MR. ADOLPHUS. Q. He said he received it for Aikman? A. Yes. I saw him write, "Received for," and his name - I am positive the name of Aickman was there before he wrote that - the regular way of receipting a bill of exchange would have been, to have written, "Received," and his own name, if he received it for himself - a banker's clerk always signs as received for the firm - if he had received it for himself, I should not have paid the money, as I knew he was not Mr. Aikman.
Q. If he had presented the bill, and written on it "Received, J. Aikman," that would have done? A. Yes, If he had said it was paid him by Aikman, as I knew him, I should have made some inquiry - if a stranger had presented it, that would have been another thing - there was some difficulty in making out the name - there is a blot on the name - I am not certain the blot was on the name when it was presented - it might have been blotted at the time he wrote, or not - I cannot say.
MR. BODKIN. Q. Would the bill be payable at all without the endorsement, "R. Aikman," on it? A. Certainly not.
ROBERT AIKMAN. I am a tailor , and carry on business at Roehampton. I was employed by Lord Bristol - in January last I had a demand on his Lordship for 184l. 9s. - I delivered a bill to that amount to the prisoner, about the 18th of January - this is the bill (looking at it) - I have been paid the amount of the bill since this investigation - I received no payment from the prisoner for it at any time - this receipt is not my handwriting, nor did I authorize any body to write it - I never received any bill from the prisoner for payment of my bill, or authorized him or any body to endorse any bill - the endorsement on this bill is not my handwriting, nor was it done with my authority - it is not spelt right - my name has no c in it - after delivering my bill, in January, I called at Lord Bristol's to see the prisoner, on Saturday morning, the 29th of January - I spoke to him about my bill, and he said my cheque would be up the beginning of the week from his Lordship - I went there on the 5th February again, and saw him - I asked him if I might write down to his Lordship at Ickworth, on the subject of his bill - I saw him at Lord Bristol's house, at Putney-heath - he told me to call next day at twelve o'clock, and I should receive my money - I went next day - I could not find him - I made every inquiry for him afterwards, but without success.
Cross-examined. Q. You never gave him authority to put your name on that bill? A. No; I did not - I never saw that bill - I might authorize him to put my name on some papers, but not such a thing as this - never on any bill of exchange, or order for the payment of money - he once drew a bill on me for 10l., for his own accommodation
Q. You say you may have given him leave to put your name on something or other, what do you mean? A. That bill - that is all - I suffer that to be drawn on me - he did not put my name on it - the acceptance is my own handwriting - I put that name myself - I cannot tell you what I authorized him to write my name on - I did not give him a general leave to use my name - not any thing except this.
Q. You told me you gave him leave on some occasions to use your name, did you not? A. No; I did not - I have not given him permission in any way - this 10l. bill was outstanding at the time the Marquis's bill came to him.
MR. BODKIN. Q. Did you ever in your life authorize him to write your name on any bill of exchange, or draft, or order for payment of money? A. No; I permitted him to draw that 10l. bill on me.
COURT. Q. Do you know of the prisoner having written your name on any other paper with your permission? A. No.
THOMAS HARVEY . In January last I was in Lord Bristol's employ - (looking at an account) this is in the prisoner's handwriting - in February last, by the direction of Lord Bristol, I went to Roehampton - I did not find the prisoner there - I made inquiry - I afterwards inquired in town at his Lordship's residence, but did not find him - I went into a public-house, in Crown-court, St. James's, on the 8th of February, and called for a glass of ale; and while they were drawing the ale I heard somebody come in - I took the ale off the counter, turned round, and saw the prisoner come in - the moment he saw me he turned round and went out - I put my glass of ale down, went out into the passage, and into the court, but I did not overtake him - it being a very foggy night, I lost sight of him - I afterwards made inquiry for him, but could not find him.
Cross-examined. Q. Where did you see him? A. In Crown-court, at the Red Lion - I was standing - he came in behind me - I have not a doubt he saw me, or he would not have gone out - he never spoke to me - he saw me, for he turned out - he looked at me - I was in my livery.
Prisoner. I had no apartments in St. James's-square? Witness. No; not at his Lordship's house.
THE MOST NOBLE THE MARQUIS OF BRISTOL. The prisoner was in my employ as house-steward for about a year and a quarter - he ceased to be so in October or November last - I employed him afterwards to pay the Christmas bills for the year he had been in my employ - I did that as a mark of confidence, he having been ten months in my employ in that year, and being satisfied of his honesty - in January I was staying at Ickworth-hall, Bury - I received from the prisoner a list of the outstanding bills - here is an account of a bill due to Aikman - (it is spelt Aickman) - to the amount of 184l. 9s. - the different tradesmen's bills were forwarded to me after they were paid - I think not with the list - it was always my custom, on receiving lists of the bills, to enclose drafts for the amount to the prisoner - this bill (looking at it) is drawn by me, and was forwarded to the prisoner with others - I sent my steward for the stamps - there could have been no endorsement on the back of it, of course, but I did not look at the backs of each of them - I afterwards received this receipt from the prisoner, for Aikman's account.
Cross-examined. Q. You sent orders for money with this? A. Yes, altogether - I cannot say that every one of them came faithfully into the hands of the parties - there were a great many, and all came back duly receipted, except two, and I ascertained that those two persons happened to be out the day he called to pay them - I transmitted this bill to the prisoner, probably the same evening as I drew it - I addressed them to him at Roehampton, or St. James's-square.
(The bill was here put in and read; also a receipt for the amount, signed R. Aickman.)
Prisoner's Defence. My Lord, and Gentlemen of the Jury, although unfortunately placed in this degrading situation, I will not encroach on your time, except to assure you of the absence of any improper motives on my part when I gave the receipt for Aikman's money, not having had any intention of misappropriating his money - on that day I paid several tradesmen's bills, and by drinking with them, I got intoxicated - not having time to pay Aikman, I sent his Lordship all the receipts that night, as he requested; and knowing his Lordship would feel disappointed at not receiving the receipts, I thought it no harm to send a receipt for Aikman, intending to pay him the following morning; but unfortunately for me, in a state of intoxication, I entered a gaming-house, where, I believe, I lost all the money - this was inquired into by the officer, and found to be true - the only recollection I have of the affair is, that I went to the gaming-house - perceiving the loss I sustained next morning, I wrote to my friends for money to pay Aikman - Gentlemen, you have heard from the cashier to Goslings that he knew me - can you then, or any thinking men, suppose, as I was known there, that I should myself have presented the cheque, if I intended a forgery or a fraud? - Might not the money have been obtained without my appearing for it, or giving my receipt for it? - if fraud had been my intent, should not I have appropriated the whole sum to my purpose, and have left the country? - in obtaining the money, I acted by the desire of Aikman - he authorized me to receive it - there was nobody to take up the £10 bill where it was payable - he authorized me to receive this money for the purpose - I admit receiving it, and writing the receipt; but through the losses I sustained, I could not pay him - having received it by his desire, he knew he had no claim on Lord Bristol or the banker - hence the origin of my being accused of forgery - by charging me with forgery, he secures himself from the loss - I hope, from your knowledge of business and the world, you will not submit me to the sentence of having committed forgery.
GUILTY . Aged 32. - Transported for Life .
Third Middlesex Jury, before Mr. Justice Taunton.
993. JOHN WRIGHT was indicted for feloniously assaulting Thomas Windmill on the 2d of June , putting him in fear, and taking from his person, and against his will, 2 handkerchiefs, value 6s., his goods .
THOMAS WINDMILL. I am a grocer and cheesemonger , and live in Lawrence-court, Carnaby-street. On TuesdayThomas Rogers , and a lodger of mine, named Stokes, were with me - when I got to the end of Tottenham-court-road , crossing the New-road, there was a coach-stand - I observed a crowd of a dozen or more persons standing just off the curb-stone on the road-side - I was walking along in company with my friends - the prisoner struck me a violent blow on my arm with a heavy stick, and at the same time struck me a violent blow on the side of the nose with his fist, and knocked me down - I know the prisoner by the scar on his face - he stood the nearest to me of the whole - I was outside of my friends - I did not know him before - I observed the scar on his face at that time - in following him I fell on a heap of stones, and very severely hurt myself on the spine; and when I was down some person kicked me on the knee - my hat fell off as I was falling, it contained two handkerchiefs - I attempted to rise half-a-dozen times at least, but was knocked down as fast as I got up - I could not tell who knocked me down again - I know the prisoner is the man who knocked me down at first; but who it was knocked me down as often as I got up, I cannot tell - a policeman came up - I told him I had been robbed - he went and searched a coach that was opposite - I told him I had been robbed of two handkerchiefs - Rogers picked my hat up, and the handkerchiefs were gone - that was before the policeman came up - one was a blue silk handkerchief, and the other a red cotton one - I had used one of them but a few minutes before, and put it in my hat again - I am quite certain that a handkerchief was there then - I did not see Rogers take my hat up; for the crowd was round me - Rogers is not here - he was bound over by the magistrate - he lodged with me up to Saturday last, then went away, and has not returned since - this is all the evidence I have. NOT GUILTY .
Before Mr. Justice Taunton.
ELIZABETH WELCH . I am the widow of Patrick Welch, and live in Gray's Inn-lane. On the night of the 31st of May , (Saturday,) I was going home with my husband, and saw the prisoner with his wife, between eleven and twelve o'clock at night - I knew him before - they were standing at the end of King's Head-court - my husband and I passed by them - I did not hear any thing said as we passed, but the wife followed us, and said, "Is there not plenty of room to pass without shoving against people?" - my husband replied, "D-n you, who shoved against you?" - Cronin made towards my husband, and caught him by the throat - the wife laid hold of me by the head, and beat me till I was quite senseless - I recollect nothing more till between three and four o'clock in the morning - when I found my husband was dead - I was in my own house, lying in bed, when I came to myself.
Cross-examined by MR. PHILLIPS. Q. Did not you and the prisoner's wife fight a considerable time? A. No; we had not a word - about four months before that she struck me - I had no fight with her that night - I did not return any blow she might strike me - I had not struck her to my knowledge before; she laid hold of me by the head, but I never struck her - I did not see my husband strike the prisoner - the wife dragged me down the court - my cousin was there with a green shade over his eyes - he is not here.
MARY DAWSON . I am single, and live at No. 19, Bell-court, Gray's Inn-lane. On Saturday night, the 31st of May, I was going out for some beer - I passed by the end of King's Head-court, and observed a scuffle under the archway, almost at the bottom of the archway - I went up to them, and saw the prisoner and deceased fighting together, scuffling - I tried to part them, but could not - Cronin had got the deceased fastened by the neck, either by his neckcloth or throat - he had his head against his breast - I saw Cronin strike the deceased about the head and shoulder - I could not say exactly the spot - I left them and went to Mrs. Cronin and Mrs. Welch, who were on the other side of the court, underneath the parlour window, three or four yards from their husbands - Mrs. Cronin had got Mrs. Welch's back hair twisted round her hands - her hair was down - she was holding her by her back hair - I loosed her hair out of Mrs. Cronin's hand, and parted them - I went back to the men - they were in the same situation as I had left them, scuffling together - I interfered again, but was not able to part them - I caught hold of Cronin's arm, and said,"Let go of the man" - he said he would not leave him till he had given him his whack - I saw no more of it, as my mother called me away.
Cross-examined. Q. I think you said the affair had began before you went up? A. Yes; how it began, I cannot tell - both of the women were scuffling - Mr. Welch had his coat on when I was there - I left them fighting - I did not see a man with a green shade over his eyes - if he was there, he must have come up afterwards - he might have been there without my seeing him - there were about four or five persons down the court looking on - the two men and two women were fighting and defending themselves as well as they could - I did not see the deceased strike at all - they were scuffling - I had known the parties before - I came back after it was all over - I do not know Margaret Burke by name - I do not know Mrs. Costello - there were some women there - the deceased was rather a thin man - he was not so stout as the prisoner - I do not think he was so old as twenty-eight - he was a tall man.
THOMAS GREEN . I live in York-street, Westminster. My son-in-law lives at the corner of King's Head-court - I was at his house on the 31st of May - the noise brought me out about twelve o'clock, or after - I went down the court, and saw two men fighting - they were beginning to fight then - one with his coat off, and the other on - it was Welch and Cronin - I saw them fighting for about ten minutes, I should judge - they fought nearly half up the court - Welch was knocked down with a blow from the fist - the court is paved with flag-stones - Welch recovered himself, got up, and fought again for two or three minutes after that, and at the end of that time, he received a blow at the side of his head from a fist - Cronin gave the blow, and then Welch's head came down with a tremendous fall on the pavement - he laid there some time, and a man with a patch on his eye, asked me to lend a hand to carry him as he was either dead, or very much hurt - he was not able to get up - I lent a hand to carry him to the bot
Cross-examined. Q. About how long did the fight continue altogether? A. I should judge nearly ten minutes - I did not know the parties before - the deceased had his coat off while he was fighting, and he was knocked down with his coat off - I did not see what became of his coat, nor who was holding it - I did not see the man with the patch on his eye with one - nor see him take any part in the fight - it was dark - all the parties were Irish, I believe.
THOMAS JOHNSON . I am a policeman. I went to King's Head-court, on this night, hearing of a disturbance there - I got there a little after twelve o'clock - I saw Welch lying on his back, and his head between the prisoner's legs - I pulled the prisoner off the deceased, and in consequence of the Irish rows which there are in Gray's Inn-lane so frequently, I let the prisoner go without taking any notice - he went out of the court - I heard Welch was dead, three or four minutes after I turned the prisoner out of the court, and immediately turned round, and found him coming down the court, and took him in custody to the station-house - he said there that they had had some words, and that was the cause of the fight - the prisoner's mouth was covered with blood, and his nose with dirt - I went for Dr. Whittell, the surgeon, who came along with me to the house where the deceased lay - that was about a quarter of an hour after I took the prisoner.
Cross-examined. Q. Did you see Welch distinctly? A. No, I did not; because there was a crowd of sixty or seventy people at the time we came up - I did not see him distinctly till I saw him in his own room - I saw him lying on his back, but not to tell whether he was dead - I did not see him fighting - he had his coat off; the prisoner had marks of violence, as if he had been injured.
HENRY RAWES WHITTELL . I am a surgeon. I was called in on this occasion about a quarter past twelve o'clock - I found the deceased in a first-floor room, in King's Head-court - he was extended on the ground on his back - I examined him, and found he was dead - I opened the body the following day about one o'clock in the afternoon - the whole of the organs except the brain were remarkably healthy - there was a rupture of vessels in several parts of the brain, but more especially in those vessels corresponding with marks of violence in the scalp - there were three marks on the scalp - I think very probably one was inflicted by the fist, but the other two appeared to be done by something pointed - it was not so obtuse - his head might have come in contact with something which projected on the pavement, or against the wall - I think it was something more pointed than the fist, but I do not mean to say it was any instrument - I think it was more probably occasioned by the fall.
Q. What in your opinion was the cause of his death? A. Injuries inflicted on the skull - those injuries were quite sufficient to cause death - I saw no other injuries which could have caused death.
Cross-examined. Q. Do I understand you to say some vessels about the brain were ruptured? A. Yes, several - I should not say, that could be caused by the excitement in fighting - concussion might have done it, certainly, but not any exertion of his own - if he struck the other man with immense power, it would be similar to concussion on the ground - he was remarkably healthy, but certainly not a strong muscular man - I said at the inquest that I found the whole organs in a healthy condition - in point of constitution, I might have said that the deceased was a remarkably strong man, but not alluding to muscular power.
JOHN RICHARD STRINGER . I was in my shop - hearing a disturbance, I went to the corner of King's Head-court - I saw two men fighting - I returned to the corner of the court I live in, and Johnson turned Cronin out of the crowd - a woman came and said, "Come along, or else you will get locked up" - the prisoner said, "No, leave me alone, I will go and have another touch at him" - after that she persuaded him to come away - he said, "Very well, I will go, for I think I have given him enough."
Cross-examined. Q. When the woman was speaking to the prisoner, was there not a fight going on in the court? A. Not that I know of - I heard no noise like a scuffling going on - this was at the corner of my court - there was a mob standing about, and they were looking after the man - I saw the deceased after he was dead - his coat was off - the prisoner's nose was all over mud, and his chin over blood.
JAMES ALLEN . I am a policeman. On the 31st of May, I was called to Gray's Inn-lane, to settle a fight that was there - when we came there my brother officer was shoving the prisoner out of the court, with his nose and face all over blood and mud - I went down the court and found the deceased was dead - the man with a patch over his eye was there, and another man said he lived down the court.
Cross-examined. Q. About what time had you seen them in your house? A. A little before twelve o'clock, I believe - about a quarter of an hour after that I heard the deceased was dead - they did not speak together in my house - I do not think they were in my house together at the same time, but I cannot say - Welch and his party went out of my house together.
( Oliver Mason , shoemaker, No. 16, Monmouth-street; Benjamin Vincent , stationer, Ashby-street, Northampton-square; Michael Lyons , King's Head-court; John Harley , labourer, Bleeding Heart-yard; and George Witcherly , publican, Gray's Inn-lane, gave the prisoner a good character.)
GUILTY. Aged 25. - Recommended to mercy . - Confined Three Months .
Before Mr. Justice Bosanquet.
PATRICK CROWLEY . I am a skin-dresser, and live in Turnmill-street, Clerkenwell. On Sunday, the 15th of June , I was in Turnmill-street - I saw Jeremiah McCarthy on before me - I was in company with Daley - McCarthy seemed to be tipsy and I was going towards him - he had paid me 1s. that afternoon, but he was not in my company atCastle-street - he was about fifty years old - in getting on the curb, on the opposite side, he, apparently accidentally, stumbled against a woman, who stood in the front of the prisoner - he did not fall, but stumbled against her - without any further provocation, the prisoner stepped forward and struck him a blow on the head, which threw him backwards into the carriage-way - his head came violently against the stones - I came to his assistance directly, and lifted him up - he only received one blow - Daley supported him while I went and asked what was the matter - (it was between one and two o'clock in the morning) - the curb was higher than the pavement - he fell backwards on it - I cannot say whether his head came against the stones - I heard nothing said by either of them - I went up and said, "What is the matter?" but I received no answer - I then asked the prisoner why he should strike an old man - he said because he offended his mother; and he would strike any body who offended her - the prisoner was in company with one or two females, who were in front of him - the prisoner and I quarrelled in consequence of this - we struck each other, and two of the men, as far as I recollect, struck at me - I pushed them down and came to McCarthy's assistance - Daley was supporting him - he was standing up - I took him by the arm, and led him towards his lodging, with the assistance of Daley - as we got down Castle-street, about half way, we were overtaken by the prisoner and his companions, they struck at Daley, and seized me round the waist, and threw me into the street in a very violent manner, and kicked me - directly I could get on my legs, I ran away, and lost my hat and handkerchief - I was in terror of my life - when I got as far as Saffron-hill, a policeman saw me running, and took me into custody - I took the policeman to the spot, and McCarthy laid there - another policeman came up at the time, and said he would take care of McCarthy - I was taken to the station-house, because I had struck the prisoner, and there was a mark on his face - I believe the prisoner had come up, and said,"Take him, for he has assaulted me" - that was before I had made any charge against him - I was detained for a considerable time, and they did not come to press the charge - I left my address, and was discharged.
Cross-examined by MR. PHILLIPS. Q. You struck nobody but the prisoner? A. I struck every body that I thought was inclined to strike me - I struck the prisoner first - by some means or other I pushed two men down in the first instance - very likely I knocked them down - I cannot say that I had my fist closed - I was so irritated, whether I tripped them up, or struck them, I cannot say - I might knock them down, but I do not recollect whether I pushed them or struck them - I will not swear my fists were not doubled - I did not strike many people in the first instance, because I was the first that was seized - I pushed them down by some means, and with my hands, I believe - I am sure it was with my hands - I cannot recollect whether my hands were closed or not - Daley, I, the deceased, and Martin, and the other two men were in the row - I cannot swear there were any more.
Q. On your oath, did not the old woman complain of being indecently treated by the deceased? A. I cannot say - he pushed her with his shoulder - she was in front of the prisoner, inside the deceased - in passing, the deceased accidentally pushed against her - the prisoner was one of the persons there, and two women and two men, as near as I can recollect - Daley was behind me - but the woman did not complain of being pushed by the deceased indecently or rudely in my presence - the prisoner said, "He offended my mother" - McCarthy never uttered a sentence - I have not the least animosity against the prisoner - I saw a mark on him, which I gave him myself - I struck him on the temple with my closed fist; that was before I pushed the two men down - I was irritated then, because he rushed violently against me, and we quarrelled - I struck first - I knew McCarthy before - he was not sober - I had two glasses of rum and water with one or two friends at the Chequers - I had not been in any other public-house, on any drinking system - I had been receiving some money at a public-house for a sick tradesman - I drank porter at the man's house I took the money to.
THOMAS DALEY . I was in company with Crowley on this Sunday morning - I saw McCarthy walking along Turnmill-street, and pass Castle-street - he accidentally stumbled against a woman - he was intoxicated - to the best of my belief, he did not push against her - I saw him do nothing but attempt to put his foot on the pavement - he had one foot on the pavement, which is higher than the street stones - the prisoner then stepped forward, and struck him a violent blow on the side of his head, which threw him backwards into the carriage-way on his head - McCarthy had not said any thing to give offence to any body that I saw - the prisoner, and a woman he called his mother, and another woman whom I do not know, were standing on the pavement - there were two men, I believe - McCarthy did not come against any body designedly - his shoulder might come in contact with the woman, as he came on the pavement - she did not see him coming along - he might put his shoulder against her - he did not do it in an offensive way - the prisoner said nothing, but struck him a violent blow on the left side - he fell in the carriage-way - Crowley stepped forward, and lifted up McCarthy - I assisted him- I helped up McCarthy while Crowley stepped forward, and asked the prisoner "Why he had struck that old man?"- he said, for insulting his mother, and he would do so to any body who insulted his mother - Crowley then struck the prisoner, and the prisoner, I believe, struck him - the prisoner fell - another man came up to Crowley, and Crowley, I believe, struck him - I left McCarthy, to go for assistance - they then dispersed - Crowley and I helped McCarthy down towards his lodging, and were overtaken by the prisoner and a gang of twelve or thirteen persons - the prisoner came up, crying out, "Here they are" - I had no dispute with the prisoner that afternoon - I never saw him before in my life to my knowledge - the prisoner came up and struck among us - several came up and caught hold of Crowley, and threw him down on the opposite side - I do not know where McCarthy was all this time - I got away - I stood in a door-way, and they were looking out - I was on my way home, and met the prisoner afterwards with a jug in his hand - he met a person who he knew, and told him he had had a row.
Cross-examined. Q. The first thing you saw was the scuffle; what gave rise to that you cannot tell? A. No - I afterwards saw three persons cross the street, and walk along - the two outside ones appeared supporting the middle one - after the police came up, I went down myself - I did not see the old woman at all - there was gas at the end of the street, and directly opposite - I was too far off to see the woman.
WILLIAM PRIVETT . I am a policeman. I took care of the deceased - I took him to his lodging in Onslow-street - he lodged with a policeman - he appeared to me in a very great state of intoxication - he was not able to walk - he was carried by two other persons besides myself - I was present when Crowley was given into custody by the prisoner for assaulting him - I apprehended the prisoner on the 20th of June after the death.
JOHN FOOTMAN . I am a policeman. The deceased lodged with me - he was brought home to my house on Sunday morning, the 15th - I had seen him at twelve o'clock on Saturday night, coming along Cowcross-street towards his lodging - he was a little intoxicated - I saw no more of him till Monday morning, when I met him in St. John's-lane, going to his employer's shop, with a handkerchief round his head - he continued to lodge with me - I did not see him for three or four days after Monday - on the Friday morning, the doctor came - he was confined to his bed very bad, and in fits sometimes - he complained of soreness on the left hand side of his head - he lived until the 25th of June, and died at my house.
Cross-examined. Q. Do you know what he was doing from the Saturday night till the Friday, did he go to work? A. He was confined to his bed all day (Sunday) - he went out on Monday morning - I do not know whether he was out afterwards.
JAMES APPLETON . I am a surgeon, and live on Holborn-hill. I visited the deceased on Saturday morning, the 21st of June - I found him suffering from intense disease of the brain - I did not examine his head particularly - I did not see any external injury - I continued to visit him till his death - my last visit was on Tuesday, the 24th - he died early in the morning of the 25th - after his death, I opened his head - I found two marks of violence under the scalp, one on the right side, and one on the left - I found within the head, blood and bloody serum on the right portion of the brain - the brain, of itself, presented marks of inflammation, and a fracture at the base of the skull - the immediate cause of his death I believe to be inflammation of the brain, arising from external violence, and judge, from the marks under the scalp, one on the right side of the head, and the other on the left, that the injury was inflicted there - the base of the skull separates the mouth from the brain - (a violent fall generally produces that) - the inflammation appeared in its last stage when I first saw him.
Cross-examined. Q. Do not you think if a medical gentleman had been called in, in the early stage of the inflammation, that proper remedies might have stopped it? A. It is possible - I should think it had existed three or four days - medical assistance should have been called in before - I did not see him till the Saturday - my assistant saw him on the Friday evening - intoxication would certainly considerably increase inflammation of the brain.
Witness for the Defence.
SARAH MARTIN . I am the prisoner's mother. On the night of the quarrel I was with my son standing at the corner of Castle-street - the man came up and put his arm round my waist - I turned my head over my left shoulder, and said, "Master, take your hands off from me: take your arm off from round me, I don't want to be mawled about by you" - I am sixty-three years old next November - I did not see the man's face - he took his arm from round me, and my son said, "Let her alone, that is my mother" - another man came up and said, "What is the matter, what is the matter?" - my son said, "That is my mother, he has no business with her" - the man directly struck my son, and gave him a black eye - he ran away, and my son ran after him, as soon as he recovered himself - I ran after him, as soon as I could recover myself, up Saffron-hill - a policeman ran - I got on Saffron-hill, and heard my son's voice, and called "Joe" - he said, "Here I am, mother" - when I got to him, the policeman came up, holding the man by the collar who had run away - he brought him up the corner of Castle-street, and said to my son, "Is this the man who struck you?" - I made answer,"Yes, Sir, it is" - I am sure the man put his arm round my waist - my son had given him no provocation to do that.
WILLIAM PRIVETT re-examined. I saw the prisoner's face - there was a mark on it sufficient to constitute a charge of assault - he had a mark on the eye.
NOT GUILTY .
First London Jury, before Mr. Recorder.
Prisoner. Q. Was there not a quantity of persons standing round? A. I cannot say particularly - I was looking at the brass-founders - I had my eye on you, and saw you in possession of my handkerchief.
Prisoner. There was a sudden rush given - I was pushed suddenly on the gentleman - he turned round and accused me of stealing his handkerchief. Witness. There was no crush round me at all - I saw my handkerchief in his hand.
WILLIAM THOMAS DAVIES (police-constable F 68). I took the prisoner into custody - the prosecutor was holding him by the collar, calling, "Police" - he gave me the handkerchief.(Property produced and sworn to.)
Prisoner's Defence. I was going home - I only stood at the bottom of the lane a minute, before the gentleman turned round, seized me by the collar, and accused me of stealing his handkerchief - he gave me into custody - there were twenty or thirty persons standing about; I being the nearest, he laid hold of me - I am perfectly innocent.
GUILTY . Aged 20. - Confined Three Months .
JOHN LANGDON. I live at No. 83, Leman-street, Goodman's-fields , and am a tailor . The prisoner was in my employ - his father came to me and said he had nothing for him to do, and would I take him; which I agreed to - I gave him 1s. for the two days - he came on Monday; and I was to ascertain what he was worth, and make an agreement with his father for his services - on the 16th of June, I sent him with a coat to the scourer; next morning, I sent him with a pair of trowsers, and he did not come back - on the Sunday morning, I went and found him in bed, and the duplicates were in his waistcoat pocket - I gave him in charge- the Lord Mayor suggested that the goods should be given up, to prevent his coming to trial, as the boy might become a bright man; but the pawnbroker being a servant, could not give them up - he had left me without notice, and I found him in bed.
ROBERT WILSON . I am servant to Mr. Grant , who is a pawnbroker - I produce the articles and counterparts of the duplicates - I took the goods in pawn - one duplicate is in my handwriting, and the other is the lad's - I took in the coat for 1s., and the trowsers for 14s. - the coat was pawned on the 17th of June, for 1s.; it is worth 2s. - the trowsers are worth 20s. or 25s.; the duplicates produced by the prosecutor are what I gave the person - I have no recollection of the prisoner - they were pawned by a boy - my employer did not tell me to deliver them up before the Lord Mayor.
JOHN LANGDON re-examined. They are mine - they are men's trowsers, such as the prisoner could not have for himself - they are quite new, and have never been worn - the Lord Mayor said, if the pawnbroker would give up the goods to me he would do something for the prisoner, and perhaps make a man of him - I cannot say much about his character before, for I had not seen him before for three years - his father said he had been in the service of a Mr. Wortham , Red Lion-square, and was trusted to receive money and carry home work.
GUILTY . Aged 15. - Confined Ten Days .
998. HARRIET BATE was indicted for stealing, on the 9th of June , 2 spoons, value 9s.; 10 yards of crape, value 2l.; 1 printed book, value 6d.; and 1 handkerchief, value 6d., the goods of Samuel Backler , her master .
MARY BACKLER . I am the wife of Samuel Backler, who is a silversmith , and lives in Bishopsgate-street without , and I myself keep a staymaker's shop - the prisoner worked for me for about five years, and left - I lost some silver tea-spoons - I mentioned it to her - she said she thought it must have been the servant, who had just left - I said, "No; it is impossible, for I know her well" - she said, "Why did you not look into her box?" - I said, "Because I believed her strictly honest" - I said no more about it then - I gave the prisoner a china crape dress, containing ten yards, to get dyed, as she had said she knew where to get it dyed - I afterwards found it had not been taken to the place, and in consequence of suspicion I gave her into custody - I lost a little book from my work-room, and a handkerchief - (looking at the property) - I know the crape by a tear in it - the spoons have our initials on them.
THOMAS JEROME . I live in Union-street, Bishopsgate - I have a silver tea-spoon pawned for 3s., in the name of Ann Gibbons, by a person I believe to be the prisoner - I have seen the duplicate I gave the person - it is my own handwriting, and the one I delivered for the goods.
JAMES BRANNAN (police-constable G 206). I produce three duplicates which I found on the prisoner - the prosecutor's son told her the charge - I found forty-six duplicates on her, and a little book in the table drawer of her apartment.
MRS. BACKLER re-examined. This is the book I lost.
GUILTY. Aged 48. - Recommended to mercy by the Prosecutrix . - Confined for Three Months .
JAMES ALLINGHAM. I live at Wandenend, near Hickley , which is thirty-four miles from London - I had a chesnut gelding which I kept in my stable - I saw it safe a fortnight ago last Wednesday night - next morning about seven
EDWARD VAUGHAN . I drive a cabriolet, and live in Blackhorse-yard - on the 3rd of June, I saw the prisoner in King-street, Cheapside - I was on the stand - a boy was leading the horse along - I asked if it was for sale - the prisoner who was with him said it was - I asked the price, he said "26l." - I said, "If you name half the money, I will try and deal with you;" and in about half an hour he came down to 12l. - I said I could not give that, but if he would take 10l., I would give him 5l. down, and 5l. in a week's time, if the horse suited me - he wanted 7l. down - I said no, I would give him 5l. down - he agreed to it - I asked who he referred to - he said, "Myers, Rose-lane, Spitalfields" - a bridle and saddle were on the horse, which were to be given in with it - he was to have 12l. for them all at the end of a week - the horse appeared very weak - I had suspicion, and went and asked Herdsfield if it was safe to buy the horse - he came and took him into custody - the prisoner said he had swapped it at Royston, in Cambridge, for a cart - he offered it to me about two in the afternoon - it seemed distressed and very hard driven, its eyes were very weak and bad.
JOHN HERDSFIELD . I detained the horse, and took the prisoner, as Vaughan applied for advice - he referred me to Myers , a Jew, to whom he had sold a quantity of wool in Rose-lane, for a character - I went down there and found he had sold him a quantity of wool which had been stolen.
Prisoner's Defence. On Tuesday I bought a colt for 50s. of my uncle, whom the prosecutor knows - I was going to lead the colt for sale, and met a drover in Hertfordshire, with some horses - his attention was drawn to my having the colt - he stopped talking to me, and pointing to a horse said, "I have a nice one here, if you and I can bargain" - I gave him ten sovereigns and my colt for it, thinking I could get 1l. by it - I got to town at eight o'clock in the morning - Mr. Myers had referred a person to me who wanted a horse bought - it was not such a one as he wanted - I brought it to town - Vaughan asked if it was for sale - I did not offer it to him for less than 14l., and never offered the saddle and bridle in - when he found he could not get it for that, he gave me into custody - he said, "Take five sovereigns, and I will have it" - he thought to have done me out of the money.
EDWARD VAUGHAN re-examined. The horse was never in my possession - he said he would take 12l., and if I behaved like a tradesman, he would make me a present of the bridle and saddle - I said I would give him five sovereigns down, but did not produce them - he gave me the same account how he got it as he has given now.
GUILTY . Aged 23. - Transported for Life .
1000. BENJAMIN WINCH was indicted for stealing, on the 16th of May , 1 necklace, value 7s., and 40 glass beads, value 6d., the goods of Thomas Reynolds , his master, and that he had before been convicted of felony .
THOMAS REYNOLDS. I live in Hanover-square, Milton-street, Cripplegate . The prisoner was my apprentice - on the 16th of May I missed some beads - the prisoner was then in the yard - I called him, and he said he knew nothing of them - as soon as his mistress came in, I asked her about them - she said they were in the parlour, locked up in the caddy - she went and found the caddy broken open and the beads taken away - the prisoner then pointed out to me where they were, having previously denied all knowledge of them - I found them under some litter in the stables.
ANN REYNOLDS . I am the wife of Thomas Reynolds. I had locked the beads up in the caddy - nobody but the prisoner lived in the house - I did not miss them till one bead was shown to me which was found in the shop - this is the property - they are glass, with a gold snap.
ROBERT WOODS . The prisoner was given into my custody - I was present on a former occasion, when he was convicted - I produce the certificate of his conviction, which I got from Mr. Clark's office - the prisoner is the person(read).
Prisoner's Defence. The things I am now placed at the bar for are my own. I bought them last Christmas - Master had them in his care - I never saw them from the time I was given in charge.
T. REYNOLDS. It is false; I have had no quarrel with him - he was bound apprentice to me six years ago - he was convicted before, and I took him back again about January last - he robbed me of a considerable deal of money and some heads - I took him up again - these beads were delivered to me at Guildhall to find the owner and restore them - I had them locked up, and never found the owner - he had concealed them with some money belonging to me, and they were placed in my care by the magistrate, supposing them to be the proceeds of some felony - as soon as I took him again he began to pilfer - I did not know where they were till he took me to the place and showed me them - I accuse him of stealing 20s.
Prisoner. I was washing myself when master accused me of it - the street-door was open - I went into the yard to wash myself - master came and found the beads, and accused me of it.
GUILTY . Aged 16. - Transported for Seven Years .
1001. MARIA SMITH was indicted for stealing, on the 2d of July , at St. Bridget's, alias St. Bride's , 5 spoons, value 3l.; 2 ladles, value 2l.; 1 watch, value 6l.; 1 pelisse, value 4l.; 3 shawls, value 8l.; 1 coat, value 3l.; 5 handkerchiefs, value 10s.; the goods of Henry Frederick Cutler , her master, in his dwelling house .
HENRY FREDERICK CUTLER. The prisoner came into my service at the begininng of May - I had a very good character with her for upwards of twelve months - on Wednesday evening, the 2d of July, I missed the articles stated in the indictment - the three shawls were worth 6l. or 7l., and the watch 6l.; I gave 12 guineas for it - no one article was worth 5l. besides the pelisse - the things were all taken on Wednesday evening, between half-past eight and nine o'clock; all at one time, I am satisfied.
JEREMIAH FLANIGAN (policeman L 27). I had apprehended the prisoner on a charge of being drunk, and went with her to what she said was her lodging, in Cornwall-road - after leaving there she said she had no money, and was liable to be fined for being drunk - she went into a pawnbroker's and pawned a watch, in my presence, for 25s. - I produce it - she was drunk when she was taken in the street, between one and two o'clock in the morning.
MR. CUTLER re-examined. These are all my property, and were in my dwelling-house the day she left - she gave no notice at all.
GUILTY of Stealing under the value of 5l. - Aged 23.
1002. MARY ANN KINGSBURY was indicted for stealing, on the 26th of March , 2 shawls, value 20s.; 1 frock, value 13s.; 1 bonnet, value 5s.; 2 sheets, value 4s.; 2 petticoats, value 3s.; 2 handkerchiefs, value 2s.; and 8 pair of stockings, value 1s. ; the goods of Mary Crimp .
MARY CRIMP. I am a widow , and live in Baker's-court, Petticoat-lane - I have known the prisoner from a child - she resided sometimes with me and sometimes with her father - I am not related to her - her father and mother had lived several years with me; they had two children born in the house with me - we parted nine or ten years ago, but the children always made my place their home - their mother has been dead about eight years - they always looked on me as a mother - on the 26th of March, the prisoner came to my house - she said she had left a situation and wished me to give her a night's lodging - it was wet, and she had no shoes - she continued with me until the 3d of April - I went out that evening, leaving her there, and when I came back my place was stripped and she was gone - I never saw her till I gave her into custody - I have since seen a bonnet, two cotton dresses, and two shawls, in possession of the witnesses - I had bought them and placed them in a box with other articles, for the prisoner's sister to go to a situation with - her sister was with me - I had given part of them to her sister - I gave none of them to the prisoner, but to her sister, and some she had worn and some she had not - they were in my charge - that sister was not in the house at the time.
Cross-examined by MR. DOANE. Q. The things were for her sister? A. Yes; I intended them for her sister when she went to place - but some things were not for the sister - they did not wear each other's clothes - the sister was at No. 8, Brick-lane, some distance from me - I had all these things in my possession - the clothes the sister had in Brick-lane, did not belong to the prisoner - I char and take in washing - I do not keep a shop now; I have kept one - these are articles I bought new, and had them made - I have one frock here; it is not pink - I am quite sure all the things are mine; I bought them and paid for them - all the things lost are mine - I never said I had made a mistake about them.
SARAH ANN WATTS . I am a stay-maker, and live in Plummer's row, Commercial-road. I bought a duplicate of a pink cotton dress of the prisoner, when she was living in the same house as I live in, about six weeks or two months ago - I redeemed it at Law's in the Commercial-road - I gave him the duplicate, and paid him 1s. 7d. - I gave the prisoner 2s. 6d. - it was not worth what I paid for it.
MARY CRIMP re-examined. These are my things - they were all in my charge - some of them belong to myself - I never gave the prisoner liberty to dispose of them.
Cross-examined. Q. Has she been a good deal at your house? A. Yes; I got her a situation, clothed her, and put her in it - it was a foreign toy shop in Gracechurch-street - I never recommended her to any other place - to no other situation did I send her, I am quite certain - the toy shop was a respectable shop.
Witnesses for the Defence.
JOSEPH HARRIS . I am a calenderer, and live in Printing-house-square. I know the prisoner, and had a very high opinion of her - she was at home with her father working at shirt making, until the prosecutrix got her to leave her father's home, and recommended her to a notorious place in Mulberry-court, Petticoat-lane - the prosecutrix herself told me she gave her the recommendation, as she thought the woman respectable when she kept a rag shop, and that is the cause of her getting into this situation - the prosecutrix said, the woman she recommended her used to buy things of her when she kept a rag shop, and the girl when she went there had rags to sleep on, and was asked to sleep with the nephew.
MRS. CRIMP re-examined. When the prisoner came to me, she came from the employ of a tailor somewhere down Petticoat-lane, but I did not recommend her there - she did not complain that she was obliged to leave the place, and come in rags to me - she had been at home with her father - she came without a shoe to her foot - she was decent, but had no shoes - she seemed satisfied with the place - she did not complain to me that it was a disreputable place - they are respectable people as far as I know - I think their name is Malcot - she is a woman who had done business with me when I kept a rag shop - I did not recommend her to that place - I never spoke to Harris in my life but once, and that was since she left me - I know nothing about him.
JOSEPH HARRIS re-examined. I was at the Mansion-house after the girl was committed - I spoke to Crimp before the policeman - I told her it was through her recommending her to that place - she said, she thought it was respectable, because the woman dealt with her.
MRS. CRIMP. The bonnet and shawl did not belong to the prisoner's sister - they were taken from my drawers.(The prisoner received a good character.)
GUILTY . Aged 18. - Confined Two Days .
NEW COURT. Saturday, July 5, 1834.
Fourth Middlesex Jury, before Mr. Sergeant Arabin.
1003. ROBERT LAST was indicted for stealing, on the 22nd of May , 7 silver forks, value 4l., and 3 silver spoons, value 20s., the goods of Richard Mayne , his master - also on the 16th of May , 1 silver fork, value 10s.; and 1 silver spoon, value 4s. ; the goods of Dawson Mayne , to which he pleaded GUILTY . Aged 27. - Transported for Seven Years .
1005. ROSA RUSSELL was indicted for stealing, on the 22nd of May , 2 pair of trowsers, value 19s.; 1 coat, value 1l.; 1 frock, value 1s.; and 1 pair of ear-rings, value 5s. , the goods of Abraham Cardoza .
SARAH CARDOZA . I am the wife of Abraham Cardoza - we live in Shepherd-street, Tenter-ground, Spitalfields - the prisoner was a stranger - on the 22nd of May, about ten o'clock in the morning, I was in the second floor - I went down to the first floor to get my children's boots - I saw some things on the floor, and the drawers had been rifled - they had been shut, but not locked - I had seen them safe at eight o'clock that morning - I saw a pair of ear-rings, and a pair of trowsers on the floor - I gave an alarm, and the prisoner was taken in the back parlour.
Cross-examined by MR. DOANE. Q. Do you occupy the whole house? A. Yes - my mother lodged in the house - I had never seen the prisoner before - I had seen the earrings the night before, and put them into the glass drawer - the trowsers were in another drawer - I took them up from the floor, and then saw the ear-rings.
ABRAHAM CARDOZA. I heard my wife say we had been robbed - I looked about and found the prisoner in the back parlour, where my mother lives - she was a stranger to me.
Cross-examined. Q. Had she not been to the shop to bring broken glass to sell? A. She had been there on the Wednesday before - she had not come that day for employment.
GUILTY . Aged 15.
ABRAHAM CARDOZA. I missed this property on the 23rd of May - I do not know when it was taken - they were taken from a looking-glass drawer, which stood on a chest of drawers in the first floor.
MOSES LEWIS LEE . I am a dealer in jewellery. About the 9th of May, a person who I believe was the prisoner, came to my stall in Petticoat-lane - she offered me three seals, and a key, and a ring for sale - one seal and the key were broken - I sold one seal - she asked me 2s. for them - I gave her 1s. 3d. - I sold one seal again for 1s. 3d. - it cost me 8d. to have this mended.
Cross-examined by MR. DOANE. Q. These are not gold? A. No - I could not swear it was the prisoner, she is altered, to my recollection, a great deal.
GEORGE LAWS (police-constable H 81.) I took the prisoner - I made her no promise or threat, nor did the prosecutor - she stated when she was at Worship-street, but not in the presence of the magistrate, that she went to the prosecutor's and took three seals, one key, and one split ring, and sold them to the witness in Petticoat-lane - we went there, and found this part of them.(Property produced and sworn to.)
GUILTY. Aged 15. - Judgment Respited .
GEORGE NEWSOM . I am sofa and chair-maker, and live in Windmill-street. I was at John Harris's timber-yard on the 26th of May - I saw the prisoner near the counting-house paying the clerk for some wood - the clerk went into the counting-house for change - I saw the prisoner take some veneers, put them between those that he had bought, and give them to a person who was with him - he then took up two deals and a cedar board, and went away - I told the clerk what I had seen - I went after the prisoner, and came up to him in Long-alley - he put the boards against the wall - I asked where the man was who had been with him - he said what was that to me - the clerk and the porter came up - I asked where the man lived - he said if we would go to a street in Bethnal-green, he would show where he lived - he went with us to the end of Church-street, then put his boards down, and would not go any further - the clerk left us to go for an officer - a woman came up - the prisoner spoke to her - she took a cedar board which the prisoner had, and went away with it - I sent the porter with her.
Cross-examined by MR. CLARKSON. Q. There was a man named Lloyd taken up? A. Yes - I have heard the woman who came to the prisoner was Lloyd's wife - Lloyd brought the veneers back.
Q. Do you know the prisoner? A. Yes; by coming to the yard to buy wood - he is a looking-glass frame maker - Lloyd said he lived in Bethnal-green.
THOMAS HUTTON . I am porter to the prosecutor. I went after the prisoner - when the woman came up, he gave her the cedar board to carry - I went with her - she asked me to carry it - I did - and when we got to her house she came back with me - I then went back to get the board.
NOT GUILTY .
MARY AYRES . I am the wife of John Ayres, and live in Rosemary-lane . The prisoner came to nurse me - I missed a pair of trowsers, and a cap, on the 28th of May - the prisoner had then left me - I told the policeman, who took her - the trowsers had been taken off the line, and the cap from a hat box.
Prisoner's Defence. The prosecutor has been in the habit of lending me things to pawn. I did not take them with the intention of stealing them.
GUILTY . Aged 55. - Confined for Six Weeks .
JANE WILSON . I am the wife of Abraham Wilson - we live at Wapping - I had these two shirts on a line, which ties to my window - I have known the prisoner many years as a neighbour - I missed them on the 17th of May.
NOT GUILTY .
JESSY CHEVERS. I am nine years old. On the 24th of May, I was in Dempsey-street , and had a handkerchief on- Jenkins took the handkerchief off my shoulders - I had not known him before - there was no one with him - he had loosened the pin before he took it off.
Cross-examined by MR. PHILLIPS. Q. Was there no one with Jenkins? A. No, there was not.
SARAH STRADLING . This girl told me she had lost her shawl - I ran after the prisoners, and found them in a dust-yard - I asked Jenkins for the shawl - he said he had not got it - Thornton gave it me from his person.
JESSE CHEVERS. I am father of this child - this is my handkerchief.
JENKINS - GUILTY. Aged 17. - Recommended to mercy . - Confined Three Months .
THORNTON - NOT GUILTY .
MARY SIMPSON. I am single , and live with my parents, in Devonshire-street - I have known the prisoner three or four years. On the 11th of June, she came and drank tea with us - I was rather unwell, and went to bed at six o'clock, in the second-floor front room - I laid on the bed - my watch was hanging over the mantel-piece - I saw it when I laid down - I did not go to sleep - the prisoner came to the room and spoke to me - she was there about ten minutes - no one else came there - I missed the watch about a quarter before seven o'clock - this is it.
Prisoner's Defence. There were a great many people in the house - I went to the threshold of the room door, but did not go in.( Mrs. Varley , Mary Trimming , James Steele , and Ann Woodman , gave the prisoner a good character.)
GUILTY. Aged 47. - Recommended to mercy . - Confined Three Months .
JOHN COLLINS. I live in St. Ann's-court, Westminster . These articles hung out to dry on the landing of the third floor - I saw them safe at nine o'clock at night, on the 29th of May and at five the next morning I missed them - I looked down to see if they had fallen, and saw the shadow of a person going down - I went down, and found the linen on the landing of the first floor - I went down, and found the prisoner in custody - the door was open - it is a lodging-house.
Prisoner. I had been in great distress, and had no money to pay for my lodging - I saw this door open, and went in to sit down - just as I got to the top of the stairs, this gentleman was coming out - I flew down, and the officer caught me.
GUILTY . Aged 62. - Confined One Year .
THOMAS COX . I was serving in the shop - the prisoner came and asked to look at some prints - I showed her some - she did not buy any - she then asked to look at some calico - she bought a remnant for 3d., and paid for it, and went away - nothing occurred till the officer brought back the goods, which are ours - they had been on the counter where she had been dealing - I did not see them taken - I swear she is the person.
Prisoner. Pray have mercy on me for the sake of my eight children.
GUILTY . Aged 32.
THURSTON WORTS. I am a baker . On the 24th of May, the prisoner came into my shop, and asked for a 2lb. loaf about two o'clock - my wife went to weigh the loaf, and when she went back she saw these articles, which are my property, in the prisoner's basket - she offered great resistance to my wife - I shut the door and had her secured - she threw herself on her knees, and offered us all she had to let her go - the other property was found in her basket.
GUILTY . Aged 32. - Transported Seven Years .
GEORGE HULLS . I am shopman to Mr. Hall. The prisoner came to the shop between eleven and one o'clock, on the 24th May - she bought a remnant of print and a yard and a half of calico - I did not miss the handkerchiefs till the officer came with them, in two or three hours after - they are my master's and had not been sold - she paid 1s. 8d. for what she bought.
GUILTY . Aged 32. - Transported Seven Years more .
HENRY MONTAGUE . I am constable of St. Mary's District Church, Bryanstone-square, in the parish of St. Marylebone. I was present when the prisoner was married, on the 24th of May, 1828, to Mary Ann Cook - it was the prisoner to the best of my belief.
Cross-examined by MR. ADOLPHUS. Q. Did you not hesitate at Marlborough-street, before you said you believed he was the man? A. I did not - I said to the best of my knowledge he was the man - I did not ask if his name was Wallen - I said to him, "Ah, Mr. Wallen, what is going on now?"
MARY MONTAGUE . I am the wife of this witness - I attend all the marriages in that church - to the best of my recollection, I saw the prisoner married - it is stated in the book that he married Mary Ann Cook - I do not recollect who he married - Mr. Gibbons called on me, and asked if I remembered such a marriage taking place.
Cross-examined by MR. PHILLIPS. Q. Did Mr. Gibbons tell you the name of the person whose marriage he wanted to prove? A. Yes; I had not seen either of the parties before - I said at the office, if he were the man, he was very much altered.
JOSEPH LANGDON . I am clerk of the district church of St. Mary, Marylebone. I produce the register of the marriages there - on the 24th of May, 1828, Alfred Henry Wallen, and Mary Ann Cook, were married by license.
JAMES GIBBONS . I am a commercial agent. The prisoner married my daughter, Frances Elizabeth, on the 17th of December, 1831 , at St. Mary's, Lambeth - they lived together as man and wife about three months - he married in the name of Charles Honeywood Newman - I believe he lived with her on the property he derived from her - she had a house furnished in Greek-street - he deprived her of all she possessed, and left her - she died in August last - she married in the name of Frances Elizabeth Gibbon Carrington , widow - she was not a widow, and her name was not Carrington.
NOT GUILTY .
THOMAS FRANKLIN. I am a publican , and live in King-street, Golden-square - I had two deal boards left opposite my door by the painters, for which I was responsible. On the 25th of June I saw the two prisoners come and take them up, about ten minutes before three o'clock - they put them on their shoulders and walked away - I followed, and asked where they were going to take them - they said, to the owner, but they did not know who, nor who had sent them; but if there was any thing wrong, they would take them back.
NICHOLS - GUILTY . Aged 50.
Confined Three Months .
KEEFE - GUILTY . Aged 46. - Confined Six Months .
SARAH MOORWOOD . I am the wife of Thomas Moorwood, he lives in Charles-street, Middlesex Hospital , and is a cabinet-maker . On the 28th of May we lost this writing-desk from the door - I was looking through the window, and saw the prisoner take it - he put his apron over it, and walked about two hundred yards - I pursued, and took him with it.
Cross-examined by MR. PHILLIPS. Q. Did you know him before? A. No - he walked quietly away - he said a man told him to take it.
GUILTY. Aged 16. - Recommended to mercy . - Confined Six Weeks .
1019. EDWARD PAGE and ANN WILLIAMS were indicted for stealing, on the 14th of June , 41 tooth-pick cases, value 47l.; 1 tin box, value 6d.; 1 mahogany box, value 1s.; 1 bag, value 2s.; and 12 sovereigns, the goods and monies of William Hitchin , from the person of Richard Hitchin .
RICHARD HITCHIN. I am in the employ of my father, William Hitchin; he lives in Bridgewater-gardens, and is an ivory and mother-of-pearl worker . On the 14th of June I had the articles stated, in two boxes - twenty-eight tooth-pick cases were in a tin box, and the rest in a mahogany box - they were in the bag - the sovereigns were in my pocket - I had been with my father to various houses we deal with, and had been drinking at two or three houses; the last house was in Bond-street - and when I came out it took effect on me - I did not know where I was till I found myself in a court in Bainbridge-street, St. Giles's, between seven and eight o'clock - my bag was gone, and all my money, except two shillings, and two sixpences - I went to the station-house, and gave notice - I know nothing of the prisoners.
WILLIAM PHILLIPS . I am a sergeant in the Fusileer Guards. The prisoner Page was a drummer in our regiment - I don't know whether he was absent on the 14th of June, but he was on the Monday following, and I received orders to stop him - he came in on the next morning, about six o'clock - the sentry stopped him by my orders, and called me - I took him to the guard-room, to wait till the pay-sergeant came - he said he wanted to go to the privy - I went with him, and thought he put something down - I placed a man there, and got a light - I found on a lodgement this part of a duplicate, and lower down I found the other part - it was for a box pawned on the 16th, for 3s., with Page's name on it - he had been nine years in the regiment, and had a good character.
EDWARD MUNDY . (police-serjeant E 2). I heard of this robbery - I went to the different pawnbrokers - there were eleven more cases found; but they could not identify the prisoners, and they were given up - the money is quite lost.
(Williams put in a written defence, stating that she had found a parcel in the court containing the property, and not finding an owner, had pledged the articles.
PAGE - GUILTY . Aged 22.
WILLIAMS - GUILTY . Aged 22.
Transported for Fourteen Years .
CATHARINE KENNEDY. I am single , and live in Steven-street, Lisson-grove . I work at my needle - the prisoner lived in the same house - at one o'clock on the 7th of June I went to sleep, and when I awoke, I missed my frock and shoes.
EDWARD SACHEVERELL . I am landlord of the house. I was sent for, and found the prosecutrix talking to the prisoner - I bolted the door, and sent for the policeman - I saw the prisoner was much agitated - I went to her room, but could not find any thing - I heard her go across
WILLIAM BEECHY (police-constable D 159). I was on duty, and received the prisoner and the property.(The prisoner put in a written defence, declaring her innocence, and stating the house to be one of ill fame)
NOT GUILTY .
GEORGE JENKINSON. The prisoner was in my employ - on the 17th of May I sent him with a cheque for 8l. 3s. to Hammersly's in Pall Mall - he received the money for it, but did not return - the officer found some of the money on him.
NOT GUILTY .
GEORGE WADDINGTON . On the 19th of May I was going down Bowling Green-lane , and saw the prisoner and another boy stop at the prosecutor's shop - the prisoner went in, opened the till, took out this crown-piece, and put it into his mouth - he then took out this shilling, and was in the act of putting that into his mouth, when I went in, caught him by the back of his neck, and he dropped them both.
WILLIAM FORRESTER. I am a baker . This money was taken out of my till - I saw the prisoner drop it from his mouth.
GUILTY . Aged 17. - Transported for Seven Years .
WILLIAM SMITH . I am butler to Mr. Robert Farrer, he keeps a boarding-house in Dorset-square - on the 19th of June the prisoner came there between four and five o'clock with a double knock - I opened the door - he said he came from Mrs. Wild , the confectioner in Baker-street, to know if we had any apartments - I said we had - I showed him into the drawing-room, where Mrs. Farrer was, and left him there - in a few minutes I heard the bell ring - Mrs. Farrer ordered a glass of water - I took it up; but the prisoner and Mrs. Farrer were not there then - in a few minutes they came into the dining-room, where I was laying the cloth for dinner - the prisoner wrote something at Mr. Farrer's desk, and left the house - the same evening, about seven o'clock, he called again, and was asked into the dining-room by my fellow-servant - in a few minutes I heard the dining-room bell ring - I went up, and remained there while the prisoner stayed - I then let him out, and some one cried out, "He has taken the sugar-tongs" - I went out, and overtook him about a hundred yards off - I brought him back, and Mrs. Farrer said, "You have made a mistake, and taken the sugar-tongs" - he said nothing, but went to the dining-room, put his hand on the side-board, and said, "There are your sugar-tongs, which you accuse me of stealing" - I seized him, but he got from me, went to the door, and was going away - I seized him again - he said, "I beg your pardon: it is the first time I ever did so - I will never do so again"- I gave him to the policeman.
Prisoner. I never had them in my possession, nor did I see them till I came back.
GUILTY . Aged 66. - Confined for One Year .
EMMA TRUMP. I am servant to Mr. Seward , who keeps an eating-house. On the 12th of June, about three o'clock, the prisoners came in with a man to dine there, and went away about five o'clock - I had two frocks in the back parlour - when they were gone, I missed them - I ran out, and asked Mr. Farris to assist me in bringing them back - they had got nearly to Hatton-wall, about two hundred yards from our house, - each of them had one of my frocks - these are them.
Bolton's Defence. A gentleman went in there with us - we went into the yard, and when we came back, these frocks were by his side - he gave us one a-piece - we did not know they were stolen.
BOLTON - GUILTY . Aged 15.
KNIGHT - GUILTY . Aged 17.
Transported for Seven Years .
GEORGE BOLTON. I am servant to Mr. Wright, a coffee-house-keeper, at Charing-cross - the prisoner came and slept in a room on the second floor on the 31st of May - I had known him before - he had slept there several times - I went to bed first, in a room above him - I left my watch in my fob when I went to bed, and laid my trowsers on a box by the side of the bed - I got up at half-past five o'clock the next morning, and missed my watch - I told my master, who sent for the officer - the prisoner came down about six o'clock - the officer told him there had been a watch lost in the house, and he must search each lodger as they came down - the prisoner said, "Certainly," and my watch was found on him.
Cross-examined by MR. DOANE. Q. Where had you left your watch? A. In my fob - the prisoner was well
JAMES MOODY (police-constable E 112). I was sent for- when the prisoner came down, I told him there was a watch lost, and every lodger must be searched - he said,"Certainly" - I found this watch in his stocking.( Mr. Salmon , a builder, at Pimlico, gave the prisoner a good character, and promised to send him to Berbice.)
GUILTY. Aged 19. - Recommended to mercy . - Confined for Three Months .
WILLIAM FOSSETT. I am a stay-maker , and live in Oxford-street. I left some articles at my brother-in-law, Mr. Pettingel's, in March last, and amongst them were the articles stated - on the 7th of June, I received information from Mr. Pettingel - I went to the house, unlocked the door, and went to the front parlour, where I had left the phosphorus bottle, to get a light - I could not find it - I came to the door, and some person had got a light - I then looked, and saw the prisoner in the area on the dustbox - I went into the kitchen, got the prisoner into the kitchen, placed him on the dresser, and asked what he did there - he said, some boys had been playing, and thrown his jacket into the area, and he had got through the railings to get it, and he had given it up to the other boys, who had run away with it - I gave him to the officer, and then went to a drawer where I had left a spoon, and it was gone - I then missed another spoon, which I had left in a glass, in which I had mixed some saline mixture on the Wednesday before - I went to the watch-house and saw the spoons - these are them.
WILLIAM FEAVER (police-constable T 126). I went to the house, and took the prisoner from the area into the kitchen - I found on him this phosphorus box and matches - I took him to the watch-house, and found these two silver spoons rolled up in the bottom of his trowsers, which were pinned up - the area was covered with bars, but they were not fixed in the wall - there was a space through which the prisoner could get down - the kitchen door was left open to give air into the house.
GUILTY . Aged 11. - Transported for Seven Years .
TABITHA SHOOBERT . I am the wife of William Henry Shoobert. We keep a cooper and turner's shop , and sell combs - the prisoner and some others came there on the 30th of May to buy a kite - one of the other boys paid one penny for it - I saw the prisoner at the other window - he put his hand over, and took two packets of combs - he then went out of the shop - I called my husband, who went after him, and brought him back in about five minutes - I saw the prisoner put the combs over again to where he took them from - these are the combs.
WILLIAM HENRY SHOOBERT. I went after the prisoner, and took him two hundred yards off - I told him he must come back with me - I saw him put the two packets of combs into the window where they had been before - he had been in our shop the Saturday before.
Prisoner's Defence. I was full two yards from the window when Bostock was buying the kite.
GUILTY . Aged 16. - Transported for Seven Years .
Second London Jury, before Mr. Common Sergeant.
1029. JOHN WILSON was indicted for stealing, on the 3rd of June , 2 iron grates, value 12s.; and 2 iron covings, value 3s., the goods of William Butler , and fixed to a building, against the Statute; and 1 saw, value 1s., the goods of the said William Butler: and that he had been before convicted of felony ; to which indictment he pleaded GUILTY . Aged 53. - Transported for Seven Years .
1030. ELIZABETH WEBB was indicted for stealing, on the 5th of July , 1 pair of half-boots, value 5s. , the goods of Samuel Hickson , to which indictment he pleaded GUILTY . Aged 30. - Confined Two Days .
MR. CLARKSON conducted the Prosecution.
ANN GRIFFITHS . I live at No. 41, Lothbury, and am housekeeper to Mr. Pearce. On the 17th of May, the prisoner came in the morning with a boy, and swept one chimney - he came again in the afternoon and swept two more - I then paid him 3s. for them, for his master, Mr. Badger.
Cross-examined by MR. STAMMERS. Q. When was your attention drawn to this circumstance? A. About a fortnight after it took place - I put down this money in my pay books, but it is not here - I did not say, when I paid the prisoner, "This is for Mr. Badger" - I said, "There is the money for sweeping the chimney."
MR. CLARKSON. Q. Did you give the boy some halfpence? A. Yes, I did - I sent to Mr. Badger, and this person came about nine o'clock in the morning, and about four or five o'clock in the afternoon.
Cross-examined. Q. What makes you remember the day? A. Because I swept the chimney there twelve or fourteen times, but not since May - I can swear it was the 17th.
MR. CLARKSON. Q. Was it the same day that Lecount went in the afternoon? A. Yes.
JOSEPH LECOUNT . I went in the afternoon of the 17th of May, to No. 41, Lothbury - I swept two chimneys for Mrs. Griffiths - she gave the prisoner 3s. - as I and the prisoner were going away, he told me to tell my master we had done two, and he should give his master 2s. - he did not say what he should do with the other shilling - he received 3s.
WILLIAM DAVIS . I am son-in-law of the prosecutor. The prisoner had to account to me for his work from time to time - on the 19th of May, I received from him 2s., which he said was for two chimneys done at No. 41, Lothbury.
Cross-examined. Q. Was Lecount by at the time? A. No - I am the only person who receives money, and the only person who can write - if the boys bring the money, and I am not at home, they pay Mr. Badger or Mrs. Badger - they have paid the servant; but there was no servant there then.
MR. CLARKSON. Q. Did he, on the 19th of May, account for 2s. for two chimneys swept there? A. Yes, he did.
BENJAMIN PRIEST . I am apprentice to Mr. Badger. On the 31st of May, I went with the prisoner to Mr. Mastermans - I swept three chimneys - I saw the prisoner receive 3s. - as we were going home he told me to tell my master we had done only one.
WILLIAM DAVIS. I received of the prisoner, on the following Monday, 1s., for doing one chimney there; and he said he had broken two machine sticks.
Cross-examined. Q. During the time, did you pay the prisoner his wages? A. No; Mr. Badger did.
JOSEPH LECOUNT. I went with the prisoner, and swept the two chimneys there - he received 2s., and in going home he said he should keep 1s.
WILLIAM DAVIS. On the evening of the 4th of June, he paid me 1s., for one chimney swept there.
Cross-examined. Q. Is any thing due to the prisoner for wages? A. Yes; but it was his own folly; he might have had it - he came for his box; but did not say a word about his wages.
Prisoner's Defence. I served seven years to the business - I have worked for the prosecutor 18 months as a journeyman, for 1s. 6d. a week, out of which I had to pay my washing - I called for my shoes, and he had me taken - it is a general thing with journeymen sweeper s to have what they call chance jobs, or they could not live - I had to pay 6d. a week for washing - in Mr. Masterman's case, I settled with Mr. Badger.
MR. BADGER. I sent him there, but he paid me no money - he had 1s. 6d. a week, and his board and lodging; but they have a great deal given them.
GUILTY . Aged 18. - Transported for Seven Years .
WILLIAM LINGS. I am a surgical-instrument-maker , and live in Aldersgate-street ; the prisoner was my apprentice . On the 23d of May, he had finished three instruments - I saw them and thirteen others all right on the 24th, and on the 25th I was going to pack them up, and missed two of them, and a pair of shoes - the prisoner was not at home then - I told him of it the next morning at breakfast - he said it was very hard that he should be suspected of every thing - he denied all knowledge of them, and endeavoured to implicate other persons - I said I was determined to find them, and I would go to the different pawnbrokers - he said, "I will save you the trouble; I took two of them, and pawned them at Mr. Reeves '; I gave the duplicate to Ashmore " - I said, "Give me the duplicate, and you may bolt" - I went to the pawnbroker's, and then went to Ashmore, who said he knew nothing about the duplicate - when I got home the prisoner had ran away.
Cross-examined by MR. DOANE. Q. Did you say it would be better for him to tell you? A. No; I found what he said was true, as to where they were - I went to his mother on the Wednesday afternoon, and said he should go home with me - his mother said he should not - one of his brothers directly collared me - I gave him in charge, and he was convicted - I should have taken the prisoner again before the Chamberlain, where he had been a few weeks before - I did not dash his head against the wall - I told him to take hold of my arm, but when he became restive I took him by the collar, but he ran away, and got into the hands of the police - he walked with me from his mother's door to the street door - he then took hold of the rails, and said he would go no further - I can hardly tell whether I had hold of him or not.
MR. LINGS. These are my property.
Cross-examined. Q. Is there any mark on this instrument? A. No; only the general character of the work - the handle was not on when the prisoner made it - I know it is one of my handles - the prisoner has made dozens of them - I cannot distinguish one from another.
Witness for the Defence.
CATHERINE BOCKING . I am the prisoner's mother. The prosecutor came to my house on the 25th of May, and inquired if my son had come home - I said, "No" - he said he had run away - he dined with me, and said if the boy did not return, he should advertise him - he came the next day, and again took dinner, and asked if I had heard any thing of the boy - I said, "No" - he said if he did not hear that day, he must advertise him - on the Wednesday night the prisoner sent to me, and I got a person to fetch him home - he had no money the next day - his master came at dinner time - he said, "I understand you have heard of Henry, we had better come to some conclusion - I think he will never be able to serve his time out with me, what am I to do? - you must make some recompence for his time, and he may go" - I said, "What am I to do with him? you have
NOT GUILTY .
THOMAS JOSEPH ARIS (City police-constable No. 39). on the 4th of June, I was in Holborn , and saw the prisoner take this handkerchief from a person whose name is unknown - it was from the skirts of his coat, and must have been from one of his pockets - I took him and charged him with taking it, and he threw it down at my feet, and said,"It is all over with me" - I touched the person he took it from, and told him to come with me to Guildhall - he said he would not, and wished me to give him the property - I said that could not be - he said he would not prosecute him- that it was his handkerchief, but I was as likely to take it as the prisoner - he refused to give his name or address.
Prisoner. Q. Where was this? A. On Holborn-hill, opposite Field-lane - a horse had fallen down, and a crowd had collected - he was a tall stout gentleman.
Prisoner's Defence. I worked for my father who is a basket-maker - he sent me on an errand - I saw the cab break down - the officer took me and said he saw me take the handkerchief, but I had picked it up.
THOMAS JOSEPH ARIS. I am quite certain I saw the prisoner take the handkerchief, and he was in the act of putting it into his side pocket when I took him.
GUILTY . Aged 18. - Confined One Year .
1034. GEORGE HILTON , WILLIAM CONSTABLE , and THOMAS PARKER were indicted for stealing, on the 20th of May , 8 bushels of oats, value 21s., the goods of Samuel Hayhurst Lucas , the master of the said W. Constable and T. Parker ; and Thomas Lewis was indicted for feloniously receiving the same, well knowing it to be stolen .
3rd COUNT. For feloniously receiving it of an evil-disposed person.
MR. CLARKSON conducted the Prosecution.
JAMES CLARK (police-serjeant N 15.) On the 20th of May, I was on duty at Kingsland , and saw a van loaded with sacks of corn driven by the prisoner Hilton - the name of Crouch was on the van - it went to the Elephant , and drew down the yard to the stable door - I saw Hilton and Lewis who is the ostler there - they left the stable door for a few minutes, and then came back - Lewis then went to the top of the street, for what purpose I cannot say - he then came back, and Hilton met him - Hilton then got on the van and gave Lewis two sacks of oats off the van, who took them into the stable - I took Hilton into custody, and took him into the stable with me - I found Lewis there behind the inner stable door - I said to him, "Tom, it is no use concealing yourself, I saw the two sacks taken from the van" - he said, "I know nothing about them - the carter asked me to let him leave them here for a person" - Hilton made no reply - I called for assistance, and took them and the two sacks to the station-house - I found a delivery note on Hilton for thirteen quarters of oats - there were twenty-six sacks on the van besides the two I saw carried into the stable - from what I learned afterwards, I went to Mr Lucas, and Constable and Parker were produced in the counting-house - Mr. Lucas asked them if Mr. Crouch's van had been there that day - Constable said it came for thirteen quarters of oats, and I believe both the prisoners said so - Mr. Lucas asked how they knew there were only thirteen quarters - Constable said the entry was on the slate - Mr. Lucas then asked how they accounted for the van having fourteen quarters in it - they said if it had fourteen quarters it was more than they knew - Mr. Lucas asked if they were not in the habit of counting the sacks when they were not in the habit of counting the sacks when they were brought up for a quantity of corn - they said, "Yes;" but they believed they did not on that day - Mr. Lucas said it was strange they should deliver a load of corn to a van, and not know what quantity they had delivered - Constable said they had been in a hurry that day, and if the van had fourteen quarters it was unknown to them - I do not recollect any thing more passing - I received a sample of oats from Mr. Lucas - I took another sample from the sacks which were delivered at the stable, and the other sample is from the bulk of the thirteen quarters - Hilton made a statement before the magistrates, which was taken down.
Cross-examined by MR. PHILLIPS. Q. At what time did you see the sacks taken from the cart? A. About two o'clock - it was broad daylight - it was about three hundred yards from the station-house - Constable at once acknowledged that Crouch's van had been there - he never attempted to deny it - he said there was a hurry of business that day - I do not know that there was such a hurry of business that the men were not allowed to have their dinner - the men gave fair straight-forward answers.
SAMUEL HAYHURST LUCAS. I am proprietor of the granary on Hambro' wharf . On the 19th of May, I sold twenty quarters of oats to Mr. Crouch, of Edmonton - it is customary to give a printed order to the man with a blank to fill up - I gave it to Constable - he delivers it to the man who takes the corn away - Constable was my foreman , and Parker was in my service - when any one came for corn they were equally employed, one in holding up sacks, and the other in measuring the corn - I have no doubt there were loose sacks in my granary - the granaries are lofty from the ground, and the sacks are let down by two servants - the carman remains in the cart - here is the counter-part of the delivery note signed by Hilton, and left on the premises with Constable - the officer came on the 20th May, and I sent for Parker and Constable into the counting-house - I asked them whether Crouch's waggon had been there that day - they said yes, they had given him thirteen quarters of corn - I asked if they were quite sure it was thirteen quarters, and their answer was, they had no doubt of it - they both spoke - I told them it was ascertained that the carman had deposited two sacks of oats at the Elephant, at Kingsland, that Hilton had been taken into custody on a charge of stealing them, and I was certain he could not have taken the corn without their giving it him, and I desired them to explain how it was - they said if he had more than thirteen quarters they did not know of it, and on my inquiring if they had counted the sacks, they admitted they had not - they both gave the same answer - it was the duty of Parker to count the sacks
Cross-examined. Q. Have you ascertained whether there was any hurry that day? A. There was - it was not a hurry that would excuse such an omission as that - Constable has been in my employ sixteen or eighteen years, and Parker six or seven - I have three or four other men regularly in my employ, and many others occasionally - Samuel Weller was a porter at my house that day, and I think he has been so since - he had been occasionally employed by my foreman before - he was taken as a witness before the Grand Jury, but it was for the purpose of the prisoners, I think - I did not inquire of him whether that was a hurried day or not.
SAMUEL LUCAS . I am son of the prosecutor. I made out the order for the delivery of the twenty quarters of oats - I remember the officer coming, and I delivered this sample to him which I took from the bulk in our granary, from which Crouch's corn was delivered - I have compared it with the sample taken from the two sacks, and the sample from the thirty-six quarters - it is my firm belief they are all from the same bulk.
Cross-examined. Q. Is there not more corn like this in the kingdom? A. I dare say there is a good deal - this corn is particularly long - there may be thousands of quarters of this sort - it is Irish oats.
JOHN VALENTINE CROUCH . I am a corn-dealer, and live at Upper Edmonton. On the 19th of May, I purchased twenty quarters of corn for my sister - I gave this order to Hilton for thirteen quarters, and I gave him twenty-six sacks for it - the officer brought home twenty-six sacks of corn, and he took a sample.
Cross-examined. Q. Did you swear before the Magistrate "I did not measure the corn?" A. I did measure it after it came out of the van - I could not say I did not measure it - I did not say so to my recollection - I forget whether I did not.
Cross-examined. Q. How long had you been there before? A. Perhaps a week or two - I never saw Constable or Parker except when I was at work there - the day stated was a very busy one - Constable's wife brought his dinner to him, but he had not time to eat it - I had no communication with Parker and Constable to induce them to say it was a busy day - there had been a mistake in counting sacks a day or two before.
COURT. Q. What time of day was it the dinner was brought by the wife? A. I suppose about twelve o'clock - I cannot say how long the wife waited - to the best of my recollection, Crouch's van was there from eleven to twelve o'clock - I cannot say whether the dinner came while the van was there.
MR. CLARKSON. Q. Did you help to load the van? A. No; I saw Constable and Parker filling sacks - the sacks were brought up by a truck or on a man's back - I cannot tell whether there were more than twenty-six sacks.
WILLIAM HERITAGE . I am clerk to the magistrates at Worship-street. I took down from Hilton's mouth what he said when called on for his defence - I read it to him - he did not sign it, nor make a mark - it was read it to him - he did not sign it, nor make a mark - it was read twice to him, and the magistrate signed it - I asked if it was true, and if he had any additions to make. (Read.) "The prisoner Hilton says, I received sacks for thirteen quarters of my master - I only received thirteen quarters of corn from Mr. Lucas's granary; but at Stones-end, a man whom I know by sight but not by name, asked me to carry two sacks of corn for him, and pitch them at the Elephant, which I did."
"The prisoners, Constable and Parker, said that which was stated by Mr. Lucas and the constable Clark, was correct."
COURT to J. CLARK. Q. What kind of sacks were those which were taken from the van? A. One was an old flour sack, and the other had the name of "Allen" on it.
COURT to Mr. LUCAS. Q. What kind of sacks had you in your granary? A. All sorts, almost - I think I might say no flour sacks of my own - I am not aware whether I had any with the name of "Allen" on them.
COURT to J. V. CROUCH. Q. What kind of sacks did you give Hilton? A. Some of my own, and some with odd marks - I do not know whether I had any with the name of"Allen" on them - I have known Hilton for nearly four years, he had a very good character.
(James Winch, a publican, gave Lewis a good character; and Andrew Realton, of Edmonton, gave Hilton a good character.)
HILTON - GUILTY . Aged 26. - Transported for Seven Years .
LEWIS - GUILTY . Aged 26. - Transported for Fourteen Years .
CONSTABLE - NOT GUILTY .
PARKER - NOT GUILTY .
OLD COURT. - Monday, July 7th.
First Middlesex Jury, before Mr. Sergeant Arabin.
1035. THOMAS YATES was indicted for stealing, on the 20th of May , at Fulham , 1 pair of trowsers, value 1l.; 2 waistcoats, value, 5s.; 2 handkerchiefs, value 5s.; 1 knife, value 1s. 6d.; 8 half-crowns; 20 shillings; and 30s. in copper monies, numbered, the goods and monies of Henry Bolton , in the dwelling-house of Mary Ann Williams .
HENRY BOLTON. I am a gardener , and lodge with Mary Ann Williams, in Bull-lane , in the parish of Fulham. The prisoner is a labouring gardener , and lodged in the same house, on and off, for two years - he had not given up his lodging on Tuesday, the 20th of May - I went out that afternoon, between three and four o'clock, and left nobody in the house - I left it quite secure and fast - the front door bolted - the back door has no latch, but could only be opened by means of a stick, which those who were accus
JANE RICKMAN . I live in the neighbourhood. On the Tuesday night in question I saw the prisoner near the prosecutor's house about a quarter before five o'clock - he came out of the back yard with a bundle tied in a blue handkerchief.
SAMUEL GUNN . I am a policeman. I was sent for - I searched the prisoner at the station-house, and found this knife in his pocket - he told me he had the property given to him, and afterwards he said he found it in the back yard of the premises where he lodged.
GUILTY . Aged 32. - Transported for Life .
"I will pay Lewis Joseph, on the 26th of June, 4l. 12s."
"May 26, 1834. H. PEIRSON."
2ND COUNT. For uttering a like forged promissory note, knowing it to be forged, with like intent.
MR. CLARKSON, on behalf of the prosecution, declined offering any evidence.
NOT GUILTY .
Before Mr. Justice Bosanquet.
ELLEN REILLY . I am the widow of John Reilly, he was thirty-five years old - he was a ballast heaver , and lived in Brook-street, Ratcliffe - he used to work with several other persons in the employ of the Trinity-house - he was attached to the craft No. 42 - on a Saturday in the begining of June he received his week's pay at Ratcliffe cross - I believe it was between two and three o'clock - in the course of the evening he went to the Turk's Head public-house - he was paid at the Three Foxes - he went about eight o'clock in the evening to the Turk's Head - I was with him, in company with the prisoner, and Jack Maconolly and Brennan, and some women - that was in Butcher-row - they were together at the Turk's Head, while they drank two pots of beer - my husband paid for it - nothing was said, that I know of, about giving him a gallon - there was no dispute while they were in the house, nor any grumbling; when they came out they were neither drunk nor sober - the prisoner caught my husband by the coat, and told him to come to another public-house, and he would treat him to half a gallon of beer - the prisoner is about sixteen or seventeen years of age - my husband said he would not be pulled about by him; he would not be pulled about by no one; and he would go home when he liked - they then both began to shove one another - I went between them, when I saw my husband getting restiff - they were doing nothing but shoving - I went between them, and then Brennan caught hold of me by my two hands, and pulled me back - I saw neither of them fall on the ground; but after Brennan dragged me away, I saw my husband down on the ground, and Maconolly over him - I did not see him do any thing to him; only I heard my husband say, before I brought him home, that he was kicked and stamped on by Maconolly - I helped to take my husband away - he walked about twenty yards, and then fell down in the street - Maconolly followed him - I did not see the prisoner follow him - Maconolly was daring my husband with his fist, when he followed him, to hit him, and to hit me too - Maconolly did not strike him after that - when my husband got up he was retching - he complained of his stomach, putting his hand to it - I got two men to help him home; he was not able to walk without assistance - he was very bad that night, retching and screaming. On Sunday morning, I observed about a thimbleful of blood that came from him - it went down through him - Mr. Walker, a surgeon, saw him, and he was carried to the London Hospital in a cradle - I saw him in the hospital, and attended him till he died, which was the Wednesday following, about one o'clock in the morning.
Q. When you saw the prisoner put his hand on him, and want him to go to another public-house, was it done in an angry manner or not? A. I did not think that it was; he said he would give him half a gallon of beer if he would go- the public-house is quite close to where we lived - I cannot tell what he received for his pay; he sometimes had more and sometimes less - I took out of his pocket, (when he was brought home, before he went to the hospital,) half-a-sovereign and three shillings - I told him I had taken out what was in his pocket - he was in great pain; he did not tell me what money he should have in his pocket - he had nothing that I know of in his pocket when he went out that morning - when he received his wages he always came home and gave me what he wished - I cannot tell whether he had any more money in his pocket than what I found - I did not see any attempt made by any body to take any money from him; if any thing of that sort had happened in the public-house I must have seen it.
Cross-examined by MR. PHILLIPS. Q. Is Maconolly here? A. No - he is about twenty-one or twenty-two years old,
MARY TAYLOR . I am single, and live in Harris-court. I was passing along Butcher-row - I saw the deceased, nearly opposite the Turk's Head, with Maconolly and the prisoner and Brennan - I saw Mrs. Reilly, with her husband's jacket on her arm - I saw Maconolly speak to Mr. Reilly - he went up to him, and said, "Don't fight a boy, fight a man" - and with that Mr. Reilly struck him - I had not seen any body fighting before that - I was not there - the prisoner was behind the crowd, and the crown of his hat was broken in - after Maconolly said, "Don't fight a boy, fight a man," Reilly struck him, and he struck Reilly again; and with the force of the blow he received, Reilly fell down, and Maconolly fell on the top of him - it was a heavy fall - Reilly laid on the ground, and Murray picked him up - I went up Bateman-row home, and did not see Reilly taken away.
ANN REILLY . I am no relation of the deceased's - I was at Ratcliffe-cross, in a public-house, and saw them come in - I saw the prisoner and Maconolly, and Reilly and his wife there - there was no quarrel among them - I saw nobody try to rob him - they had two pots of beer - I drank with them, as I had met Mrs. Reilly and her husband, and they asked me to go with them - Reilly paid for the last beer - I do not know who paid for the first - I think I came out of the public-house first - the others all came out together - the prisoner took hold of Reilly by the jacket, and said,"Come, and I will treat you with half a gallon" - Reilly said he would not be pulled about by him nor any body else - he put his hand on the prisoner, and gave him a shove, and then the prisoner fell down - I think they were both tipsy - I saw no one attempt to put their hand into Reilly's pocket - nothing was said about a robbery - when Macarthy got up he wanted to fight with Reilly - Reilly was going to face him - Macarthy was standing in an attitude to fight - Maconolly told him not to face a boy like that, but to face him - that was before any blow was struck - with that Maconolly took off his coat, and Reilly his jacket - I turned round, as I did not like to see them strike one another, and when I turned again I saw them together, and they both fell - the prisoner did not strike at all - he was standing near the curb - I saw the wife go between them to part them, and Brennan held her back - I think Reilly was the most tipsy - I think Maconolly was pretty sober.
ANN GLADWELL . I am the landlady of the Turk's Head. These people came in and had two pots of porter - there was no quarrelling while they were there - I heard no complaint of any attempt to rob - they had two pots of porter, which Reilly paid for - they went out together - the last witness went out with them - I saw Reilly and Maconolly trying to pull their clothes off - I don't know the prisoner, but I understand he was one of the party - I saw nobody fight with the deceased but Maconolly - after seeing them pull their clothes off, I went into another room - when I came back I heard a heavy fall - I looked, and saw them both on the ground; Maconolly was on the top of Reilly - I had heard Reilly, in the house, say he would give them a gallon of porter; and afterwards he said he would give them half a gallon - when I took in the second pot, Maconolly, as I understood, said, "If you will go with me, I will treat you to half a gallon of beer" - I only heard the voice, I cannot say who it was said so - I did not hear the least about any old grudge between them - I knew Maconolly by sight before, but did not know his name - I know he was one of the party.
Q. Your deposition states you saw Macarthy endeavouring to take him home, and he said he would give him some beer; and you said you did not know Maconolly? A. Yes; I did not know their names, and made a mistake.
WILLIAM HUGHES . I am a lighterman. I was present - the parties were drunk - Reilly wanted to fight with the prisoner, and he wanted to fight Reilly - that was the first thing I saw - Maconolly said, "Don't fight a boy, fight a man" - Reilly did not appear to be hurt before that - then Maconolly and Reilly had a fight - the prisoner did not interfere - he was hustled outside the crowd - I saw Maconolly and Reilly exchange two or three blows, and he had a very heavy fall.
CHARLES MACARTHY . I am the prisoner's brother. I was at the Three Foxes - Reilly did not receive his wages there - he was sober, and we settled our money - we had sixteen pots of beer among six of us, at our settling - then he called for a glass of rum for a woman, who would not drink it, and he drank it himself - Reilly received about 16s. for his wages, after paying for his beer.
NOT GUILTY .
Before Mr. Justice Patteson.
1038. JOHN EDWARDS , PETER LACCASAGNE , and JEREMIAH WEEDON , were indicted, for that they, on the 12th of May , with menaces and by force, did feloniously demand of William Gee his money, with intent to steal it .
2nd COUNT. For feloniously assaulting William Gee, with intent his monies from his person and against his will violently and feloniously to steal.
MESSRS. ADOLPHUS, BODKIN, and LEE, conducted the Prosecution.
Upon the learned Counsel opening the case, the Court decided that the offence did not amount to felony, and no evidence was given.
NOT GUILTY .
1039. JOHN EDWARDS , PETER LACCASAGNE , and JEREMIAH WEEDON , were again indicted, for that they, on the 12th of May , with menaces and by force, did feloniously demand of William Gee , a certain valuable security for money, to wit, a deed, (setting forth the substance there of) with intent the said security from the said William Gee feloniously to steal .
2nd COUNT. For feloniously demanding the same of the said William Gee, with like intent.
3rd COUNT. For feloniously demanding of the said William Gee a certain valuable security for money, which is as follows: -
"Pay to Mrs. Canning, or bearer, 800l.
"800l. WILLIAM GEE."
with intent to steal it. - No evidence.
NOT GUILTY .
Before Mr. Justice Bosanquet.
JAMES TAYLOR . I am a labourer, and live in Blue Anchor-yard . I knew William Smith - he was seventeen years old - he used to stop with his mother, in the daytime, in Blue Anchor-yard - I do not know where he slept - on a Tuesday in June, I was looking out of my window, nearly opposite his mother's, and saw the prisoner, George Soden, in the room with Smith - he was beating the boy Smith right and left - I did not see Smith strike the prisoner at all - they were on the opposite side of the street, in the house - I could see through their window - a man named Taylor was in the room, holding a candle to light him - I saw the prisoner, Elizabeth Hawker - she hallooed up stairs, "Go it, George, go it; you cannot give him too much" - she is the landlady of the house - I continued looking at them for half an hour - this went on for full half an hour - I cannot tell what the cause of it was - I heard the boy say, "George, do not do it any more" - Hawker called a man down, and told him to go and fetch a policeman - the person came back with one; and she ordered the policeman to go up stairs and fetch the woman down who belonged to the prisoner - that was his mother - I cannot say whether she was in the room, but I saw a woman there - Hawker was not in the room - the policeman said it was more than his place was worth, and he went away - he said if he took any body, it ought to be the man who was drunk in front of the door; that was the prisoner Soden - he was down there when the policeman came - he did not take him, but went away - he was quiet then - the next thing I saw was Hawker fastening the door - I went to bed directly afterwards.
Q. Did you see any body coming out of Gardener's-lane into Blue Anchor-yard? A. Not afterwards - but when they were coming home, before this happened, I saw them come out of Gardener's-lane; the mother, the son, and the prisoners, all four together - it was about eight o'clock in the evening, (before this happened) - Soden was drunk then- I did not notice that Hawker was - Mrs. Smith was in liquor - Smith himself did not appear in liquor - I did not see Taylor till he was holding the candle in the room - next morning (Tuesday) I went with Smith, the deceased, by his mother's desire, to a new lodging, and I carried him to a public-house, just below the hospital in King's Head-court - he was very bad indeed - he could not stand on hand or foot, and could not walk without assistance - when I saw Soden strike right and left, it was done with his fist; there were no sticks used that I saw.
Cross-examined by MR. DOANE. Q. The deceased, the prisoner, and the deceased's mother, all lived together, did not they? A. They did in the daytime; but I cannot say about the night - I was in my room opposite their window - my window is a middling way from the ground - I could see out into the prisoners' window - I had seen them quarrelling before that - when they came out of Gardener's-lane they went up into the room - that might be a quarter or half an hour before - I did not see them at the Feathers - I did not see the first beginning of it - the female prisoner sent for the policeman, and he said he should take charge of the man who was drunk in the street - Soden was very drunk indeed; Hawker was not drunk; Smith was not drunk, that I could see; I was about ten yards from him - he was at the old lodging next morning, and I carried him to the new lodging - I saw him on the bare floor next morning, there being no bed - I did not see the prisoner next morning.
DAVID WOODLEY . I am a toymaker, and live in Blue Anchor-yard. On Monday evening, the 2nd of June , I saw the prisoner Soden, and the deceased and his mother, come out of Gardener's-lane into Blue Anchor-yard - I did not see Hawker with them - Soden came into the yard between Nos. 19 and 20, and pulled off his clothes to fight the deceased, I suppose - he said, "Come on, and I will give it you" - I did not see Smith do any thing - I do not know what had happened before; there were scratches it appeared on Soden's face - I cannot say whether he was bleeding or not - the people about persuaded him to be quiet and peaceable - no blows had been struck at that time in my presence - I do not know how Soden got the scratches - they then went into the house - I was standing at the door of No. 20, and heard a row in the room of No. 19 - Hawker, the landlady, took the latch of the door in her right hand, and closed it; and after that called out,"Go it, give it him, Taylor" - I knew her voice; I have known her thirteen years - Taylor lodged in the garret - I came from where I was to No. 21, and stepped on the water-cock - I saw the prisoner Soden strike Smith with his left hand twice; I did not see Smith strike - I could not see his hands - I said, "They will murder the boy between them; there is Taylor holding the candle, and the other beating him" - Taylor said, "It is a d-d lie," and he would call the boy to witness whether he did hold the candle or not for Soden to beat him - I had accused Taylor of doing so - they were still in the room - I came away to my own door, No. 28, and the landlady came and opened the door - whether the deceased came to the door I cannot say; but Taylor called the boy, and said, "Did I hold the candle while Soden beat you?" - Smith answered with a low voice, "No, you did not" - Soden came out of the house over to No. 20, and Smith came after him - I said to Soden, "Go and lay down" - Smith took him by the arm, and said, "Father, come up stairs" - I told Smith to go away, and I would persuade him to go up stairs - Smith at that instant clapped his right hand to his right thigh, and walked away from the door to his mother's lodging, where all this had taken place - he walked into the passage - next morning, his mother said her boy was murdered.
Cross-examined. Q. The deceased called out, "Father, come up-stairs?" A. Yes; and I interfered, fearing there
Q. The whole time that you were looking in at the window, you are quite sure you stood on the water-cock? A. I did; what I saw of the striking I saw there - while I saw him hit I was standing there - I saw Soden's face scratched - I did not see him go to the pump and wash his face - I never had any quarrel with the prisoner, quite the reverse - I never said I would try to get him in trouble to any body - I am certain I did not say so to James Taylor, nor any thing to that effect.
MARGARET SMITH . I am the deceased's mother - his name was William - I was on the landing-place of the lodging, and when I got into the room, there was the prisoner Soden, the deceased, and the man with a candle in the room - I had not come home with them - I had not been in their company - I had been moving my things all day, with my son and another man from two o'clock - I had come in out of Gardeners-lane - the boy and I went and stood in Gardeners-lane, and Soden went with his sister-in-law - we came in from Gardeners-lane together - my son went up stairs first - I had the key and unlocked the door - Soden was gone then to the Broadway - this was in the daytime.
Q. Well, at night, Soden and your son, and a man with a candle in his hand, were in the room? A. Yes; I saw them fighting one another - the boy fighting the man as well as the man fighting the boy - I prevented it as far as my strength would allow - this did not last five minutes after I got in - I could not get into the room at first, as the landlady detained me on the stairs, calling me names not fit to mention, and she kept calling out, "Give it him, George. You cannot give it him too much" - there never was a better man in England than the prisoner is - he never would have done it, if it had not been for her.
Q. What did they quarrel about? A. The lad had been six weeks on his hands, and he called him lazy for not looking about for work, as he supported him - this lasted about five minutes after I got in - they had been fighting a long time before - I heard them, but could not get to them - I was knocked down in the passage myself, and beaten, and got a bite on my flesh - Soden hit me, which he never did in his life before - he was very drunk indeed - I saw Taylor - he did nothing that I saw, but he would not offer to part them - he held the candle - I had been to the Feathers that afternoon - Soden and my son were both there - they began quarrelling there, and began to fight - I think, to tell the truth, my son began it - the prisoner never hurt him in his life, and would not have done it if it had not been for the landlady - they fought there, and that was where Soden got his face scratched and his shirt torn - the boy had been saucy to Hawker in Gardeners-lane, between one and two o'clock, and she beat him herself then - I told her that she ought to send for a policeman and give him in charge, and not beat him in that dreadful manner. After all this was over, we three remained in the room, because I could not find the key to go to the new lodging - Soden, myself, and my son, all slept there that night - we had nothing to sleep on but the boards - I had removed the bed and every thing but a chair - I could not get the key of the lodging, because the deceased had it in his pocket, and I did not know it - he was taken to the new lodging next morning, and I went to Mr. Davis to see him - he lived eighteen days after this - I always kept asking him if he complained of any particular part - he said, "No, mother" - only his limbs were useless, like a baby.
Cross-examined. Q. The deceased had insulted Hawker in the first instance? A. Yes; he used ill-language to her, and she beat him - I did not see Soden interfere to separate them at the Feathers - the deceased and Soden rushed out together, and I could not see who struck - I went with the deceased to the Feathers, and the prisoner was there.
Q. When the prisoner came out of the Feathers, did not the deceased use some expressions to him? A. I could not tell, there was such a mob of people - they were quarrelling, but I could not understand the words - I did not see the prisoner thrown down on the curb - I saw him washing his face from the blood caused by the scratches - that was after he had been fighting with my boy.
COURT. Q. Was not your son taken to the hospital? A. Yes, two days before he died.
ALFRED HALL . I am an assistant-surgeon at the Western Hospital, in the medical department. I went to the lodgings in King's-head-buildings by desire of the house-surgeon - I found the boy in a state of general paralysis - I think this was on Wednesday, the 24th of June - he was perfectly sensible - I examined him, and found a tenderness and good deal of pain in the region of the back of the neck - I made inquiry, suspecting he had received some injury - he complained of pain at the back of the neck - I did not observe any external bruise - he said he was unable to move either of his limbs; and he had no sensation, or very trifling - his symptoms agreed with paralysis - he did not complain of any injury - I saw no more of him till he came into the hospital on the following Tuesday, the 10th of June - I attended him there on Tuesday morning, at half-past eleven o'clock - I opened the body after death - there was one bruise on his right buttock - it was merely a bruise of the integument, a superficial bruise - there was a fracture of the fifth joint of the neck, that would affect the spinal marrow - the concussion caused by the blow would produce an injury to the spinal marrow, by causing an extravasation of blood on the spinal marrow, which I observed, and very great congestion - the blood-vessels were ruptured, and the blood was in the spinal canal - the spinal marrow itself was healthy - the vessels of the brain were very much gorged with blood; but the brain itself was healthy - I opened the chest - both the lungs were gorged with blood, and continued distended - there were some old adhensions of the right lung to the sides of the chest - I have no doubt that was the result of a former inflammation, of perhaps two years' standing - the recent injury of the spinal marrow caused the congestion of the blood on the lungs: that congestion might certainly have arisen from natural causes.
Q. Was it likely to have occurred to a person having the appearances you have described; I mean the adhesion from the former disease? A. No; because there was no disease in the structure of the lungs - I believe the immediate cause of his death was suffocation from the conges
Cross-examined. Q. You state a blow on the back of the neck might have produced the injury to the vessels close to the spinal marrow, and that produce paralysis - how long, in your opinion, would it take to produce death? A. If the injury had been higher up, death would have taken place immediately; but I think, where it was, life might be continued about ten days - it is possible the injury might have been inflicted a fortnight before he died - a fall a fortnight before might have produced concussion.
MARGARET SMITH re-examined. My son was in very good health before this - he never complained - he slept during the night after this happened; but kept me turning him from one side to the other all night.
JURY. Q. You say, when you saw your son and the prisoner scuffling, you were detained on the landing-place? A. Yes, by the woman - she did not hold me; but I could not get past her - she stopped the way - she prevented me, by abusing me and calling me names - she did not stand in my way, and say I should not go in - Soden and myself lived together as man and wife.
Soden's Defence. There was a chest of drawers in the room on the night the deceased came in - it was about four feet high - some time after that, when the mother thought the boy in danger, she observed to me, "I had sooner you had taken a stick and beaten him; for his death might be caused through throwing him against those drawers" - after the mother's leaving him in the hospital, she returned to the room, which I pay the rent of, and said in a flurry, "I have put my son in the name of Smith - I have done wrong; for it is well known that his name is Longford" - I attended the inquest by order of the beadle - I cannot think of any thing being in the room but the empty drawers - I was taken up in the room, and laid down in a state of intoxication, having my shirt torn, and very bloody from the injuries I had received at the Feathers - I was supporting the boy with what I could get- he has lifted a poker two or three times to me, and called me all the bad names he could think of.
Hawker's Defence. I came home about half-past two o'clock, and while we were drinking some beer, Mrs. Smith came in and called me most abusive names, and the boy likewise - I gave him a slap in the face - after I struck him, I came to the door and said, "Mrs. Smith, I insist on your going away;" and she went out in the road - when I came home, about seven o'clock at night, part of the things were removed by her son and her; and they were quarrelling then certainly; but I do not believe any blows were struck in the room - I did not go up stairs; but I said, "Mrs. Smith, do not make such a noise" - she flung a piece of chest of drawers at me - I went into my own room.
MARGARET SMITH re-examined. I am the mother of the deceased. He always went by the name of William Smith.
JAMES TAYLOR . I am a carpenter, and live in Broadway, Westminster. On the day in question, I was at the premises where the deceased was - about nine o'clock in the evening, I went in - I heard a noise in the room - I called for a light, my son brought me a light - my son lodged in the house - when the light came I saw the deceased standing across Soden, who was down on his back - he struck Soden once in my presence in the face, while Soden was down - I went to put my arms round the deceased, and pulled him away - Soden attempted to get up twice, but was so tipsy he could not - the boy then took off his jacket, and rolled some other articles in it, to make a pillow of it - he put it under Soden's head, and we left them all in the room together, he being so drunk - I left them and went up to my son - this was between nine and half-past nine o'clock - nothing more occurred to me that night - I know the premises well - there is a water-cock on the opposite side - the cock is in a diagonal direction, and the window of the room is at least nine feet higher than the cock - I have not measured it - I have known the prisoner about eight months - I never saw him out of temper, but when he was in liquor - he was merry, but not quarrelsome.
COURT. Q. How long were you in the room? A. Perhaps a quarter of an hour - but I was in the house about an hour and a half during the quarrel - when the light was brought into the room, I saw the boy across Soden - that was the first thing I saw in the room - I had heard a noise which induced me to go down - I was in the room above - it was a noise as if somebody was attempting to make a louder noise than they did - my son brought me a light - I went to the room, and stayed there a quarter of an hour - I saw Smith standing over Soden, but not the whole time - I dragged him away, and held him on one side a few minutes, while Soden attempted to get up, and Soden fell down again - I said, "Now you see the state your father-in-law is in" - I then let go of him - I saw nothing the matter with Smith at the time, for he went down stairs - he stayed two or three minutes - he came up then, and took his jacket off to put under Soden's head - when he had done so I left them - that was after he had wrapped something up in his jacket - the pillow was not put under his own head - there was nothing apparently the matter with Smith at that time - I never saw Smith struck at all - my son had the candle - he was outside the room with the candle - it was not in the room at all - I did not see it till my son went up stairs - he was called down directly by Mrs. Hawker, to fetch a policeman - when he went for the policeman, he put the candle on the floor - I did not take it up - I never took it in my hand at all - Soden was not able to strike Smith - Smith ran down stairs very lively.
Q. Did you hear any body say, "Give it him. Taylor?" A. I never heard the words made use of - I never spoke to Woodley - I never saw him till Saturday, I believe, and I did not speak to him then.
Q. Did not Woodley charge you with holding the candle for Soden to beat the boy? A. I believe it was my son was accused of that- I never heard the words, "It is a d---d lie" - I am sure I did not use these words - I never spoke to Smith in my life - I have seen him backwards and forwards since he lived in the house.
THOMAS TAYLOR . I lived in the house at the time this happened - I came downstairs with a light to the first floor - I took it to the threshold of the door, and either my father or somebody took it from me - I was rather con
From the position in which you stood, could you see into the room? A. I could not see all round the room - I saw Soden lying on the ground, and the deceased standing over him - Soden was doing nothing but lying down - the boy was doing nothing when I went into the room, but he had been beating Soden - I did not see him beat, but I heard Soden cry out, "I am robbed, they are robbing me" - I am quite sure I did not go into the room with the candle, till after the policeman came.
COURT. Q. Then you saw no fighting at all? A. No: a man who lives in the room opposite accused me of holding the candle for Soden to beat him, and I called the boy down - I did not say it was a d---d lie - I said "I will prove it is false; and I will call the boy down" - I called him down, and asked him; and he said, what they said was false, for I was doing no such thing; and I was a very civil young fellow, and tried to part them.
Q. Did you hear anybody say, "Go it - give it him, Taylor?" A. No: nobody said it that I heard - Smith seemed quite well - he did not seem as if anything was the matter - he ran down stairs when I called him, and said he was quite well - I have never seen him since.
WILLIAM PRITCHARD . I am a confectioner, and live in Tothill-street. I have been to the premises where this happened - I saw a water-cock opposite the house - I was present when the distance was measured between that and the window - the water-cock is two feet, or two feet two inches from the ground, and slants down - it is impossible any body could stand on it - there is nothing but the brick wall to lay hold of - the window is ten feet three inches from the ground.
COURT. Q. Could not a man reach up on the window-sill? A. The house is on the other side of the way - the water-cock stands between two windows - there is nothing within reach that a man could lay hold by - I saw it measured yesterday afternoon.
JAMES BRADSHAW . I am a high constable. I measured the place - the water-cock stands opposite the window - it is twenty-two inches high from the ground, and covered with an iron sheeting - I could not stand on it, and it is impossible for any person, if the prisoner and the others were on the floor in the opposite room, if a man was twelve feet high, to see them, for the window-sill is ten feet two inches from the ground - if the party were standing up they could see their bodies, but if on the ground, it would be utterly impossible.
WILLIAM DWYER . I am a marble mason, and live in Blue Anchor-yard. I saw the transaction from the beginning to the end - I saw young Taylor walking round the room, with the candle in his hand, while the prisoner struck the deceased - I do not recollect the day - it was on a Monday, the day before he left the lodgings - I saw the prisoner strike him several times with his right hand and left - both - and Taylor followed him with the light - I saw him strike him several times, and the boy fell - I saw no more of him, till after that Soden came down stairs - Elizabeth Hawker stood on the stairs crying out, "Go it, George! - Give it him! Give it him! You cannot give it him too much!" - I was at my own window, almost opposite theirs - it is not directly opposite - I could not see into the room - when he had got his satisfaction he came down stairs, she called him into her room, and said, "Come in, George, I have a drop of gin for you" - I saw no more of it afterwards - I had seen no quarrel between the female prisoner and the deceased - nor the scuffle at the Feathers - I saw the whole transaction in the room - I was standing at my window when I saw Hawker take Soden by the arm - he was in the hall, coming out of the door, and she dragged him in - I could see him very well - my window was open - young Taylor was holding the candle with his left hand while Soden struck the boy - Soden was standing up - I did not see the other Taylor there - he was not there - I saw the deceased holding his father-in-law's shoulder while he was being struck by him (the prisoner.)
COURT. Q. Smith held his father-in-law's shoulder? A. Yes, while his father was striking him - I saw the policeman after it was over - I did not see him go into the room. I am quite sure the other Taylor was not there.
COURT to ALFRED HALL. Q. You describe the injury to be at the back of the neck, you are of opinion that death was caused by that injury? Yes: it consisted of extravasion of blood in the spinal process of the vertebrae of the neck - a blow from a fist I think would not do it - a fall against a door or drawers might occasion it.
Before Mr. Justice Patteson.
1041. WILLIAM STRINGER and THOMAS HEAD were indicted for feloniously breaking and entering the dwelling-house of Thomas Harrison , on the 27th of May , at Paddington , and stealing therein 10 shillings, 7 sixpences, 38 pence, 67 half-pence, and 49 farthings, his monies .
THOMAS HARRISON. I keep the Dudley Arms public-house, in the parish of St. Mary, Paddington . The prisoner, Stringer, lived with me as pot-boy, and had left me these two years, I should think - on the night in question I was not the last that went to bed, but my servant is here - on the Tuesday morning, when I came down, (I do not know the day of the month,) I observed my bar window up, and my kitchen window up, and wide open - it opens into the yard - I missed a quantity of copper off the back bar chimney-piece - it was a quantity of penny-pieces - I went to examine the till, and found the till itself was taken away - it had contained some silver, half-pence, penny-pieces, and farthings, about 36s. or 38s. together - there were a great many farthings - one farthing in particular was marked - I had taken a quantity of a person who came to me, and as I counted them over, I put this one out in particular, it being what I termed a dyke farthing - one penny-piece had a hole in it - I saw that again at High-street Office - the officer has it - I found my wash-house window broken, which looks into the yard - they must have got over the wall to get to the wash-house - the sash of the kitchen window was pulled up, and the shutter thrown open - they had got out that way - the door from the wash-house to the kitchen was open.
JOHN LOADER . I manage a shop for Mr. Dalton, in Chapel-street, Paddington, about half a mile from the Dudley Arms. I am a shoemaker - I know the prisoner Stringer - he came to me about half-past seven o'clock on the Tuesday morning, the 27th of May, the day before I was at the police office - he wanted a pair of boots, and chose a pair which came to 7s. - he said he would have them, if that was the lowest - he paid me 5s. in penny-pieces, and 4 sixpences in silver - he laced the boots up, and walked away with them on - I paid away the money which he gave me.
THOMAS GRIFFITHS . I am a policeman. I was on duty in the Edgware Road on Tuesday the 27th of May, about half-past eight o'clock in the morning - I stopped both the prisoners at the bottom of Titchbourne-street, Paddington, on suspicion of having stolen some tools - I went up to Stringer - I asked him what he had in his pocket - he said only a few half-pence which were given him by gentleman in Oxford-street - I searched him, and found 10 shillings, 7 sixpences, 38 penny-pieces. 67 halfpence, and 49 farthings - I asked how he came by the money, he said he had picked up a sovereign I found this pair of boots on his feet, and asked what he paid for them - he said 7 s. - while I was searching him, Head ran away - I asked him if he paid for the boots all in silver - he said "Yes:" but at the station-house he said he paid 5s. in pence, and 4 sixpences for them - I have the money here.
HENRY EARLE . I am a policeman. On Tuesday morning, the 27th of May, I saw both the prisoners together at three o'clock, in the New North Road, Paddington - I went up to them, and asked what they did there - they said they had returned the night before from the tread-mill - I did not know them before - they said they had slept in an omnibus, in consequence of Head's father turning them out, when they returned home form the tread-mill - they promised, if I would not again take them to the station-house, they would go home in the morning and never be seen in that parish again, and I let them go - I did not observe whether they had any thing about them - they went away together - I saw them about ten minutes after near the same spot, and drove them away - they were about one hundred and fifty yards from Harrison's - Head said Hancock, my brother officer, had sent them to the tread-mill for a month for stealing locks - he was the principal spokesman
RICHARD HANCOCK . I am a policeman. I apprehended Head on Thursday, the 29th of May, in the Edgware-road, at his father's house. I knew him before, and the other also - they had been at the tread-mill - when I took Head I searched him, but found nothing on him - he cried, and said he would not go with me at first - I said "If you do not, I shall carry you; I want you for being concerned with Stringer in breaking into the Dudley Arms public-house, and stealing a quantity of money" - he said "I had none of the money, Scotchy has got it" - that is the nickname Stringer goes by - I knew that for twelve months before - I was taking him to the station-house, and said to him, "You were with him, and you were concerned with him" - he said, "We went there to sleep - I had none of the money, Stringer had got it all."
THOMAS HARRISON re-examined. Here is a penny-piece with two holes in it which I know, and this farthing I know - I recollect having such a penny-piece, but I have seen some since with two holes in them: but as to the farthing I can speak to better, for I had an altercation about it.
Head's defence. I knew nothing about it - they took me up on suspicion.
WILLIAM HEAD . I am the prisoner Head's father - there never was a better boy till within the last nine months - since that he has got acquainted with a parcel of bad boys, who, I am satisfied have led him astray - previous to this he had been in the House of Correction for a month with the same boy - I endeavoured to get him into the Refuge for the Destitute, and understood he was to be detained until Wednesday, for me to take him, instead of which he was let out in the middle of the day - Stringer, who was let out at nine o'clock in the morning, enticed him away - he did not come home on Monday, but on Tuesday he slept at home - I did not turn him out.
J. LOADER re-examined. These are the boots which I sold to Stringer.
(Ann Milton and John Daniels, butcher, gave the prisoner Head a good character.)
STRINGER - GUILTY . Aged 13.
HEAD - GUILTY . Aged 13.
Transported for Life
Before Mr. Justice Bosanquet
" London, 23rd of May, 1834.
2nd COUNT. For feloniously uttering the like forged order for the payment of money, well knowing the same to be forged, with the like intent.
3rd COUNT. Like the second, only omitting to set out the forged instrument.
WILLIAM BIRD. I am a tailor , and live on Brook-green, Hammersmith. I know Mr. Temple, of Blomfield-street, City, and I knew the prisoner as Mr. Temple's clerk - I had seen him once or twice before on Mr. Temple's business - on the 27th of May, he came to my house about four o'clock in the afternoon, and spoke about some business of Mr. Temple's; and having settled that business, he then asked me to give him change for a cheque, as he wanted to
Cross-examined by MR. CLARKSON. Q. Have you any other name? A. None; my nephew had written my banker's name on it when he sent it to them.
WILLIAM TEMPLE . I am a conveyancer, living in Blomfield-street - the prisoner was my clerk about nine or ten months, and left me on the 12th of May - I sent him that evening to collect some rents at the west end of the town - he did not return - he had given me no notice - I saw him again about the 3rd of June, at the station-house - I had not seen him in the interval - I never gave him that cheque for any purpose - I know nothing of it - I never saw it before the transaction in question - I do not know William Harrison - the name of Temple on the back is not my handwriting, it is very little like mine - I know the prisoner's handwriting, and believe the whole of the cheque to be his handwriting - I cannot say whether the name on the back is written by him, but I rather think by the general character of the writing that it is.
Cross-examined. Q. Do you mean to say you believe the whole of that writing to be his? A. Yes, I do - the whole, except the banker's name across - that certainly is not his - I have had no treaty with the prisoner about settling this matter - I swear that I never asked him if he would work it out - he submitted to me that he would do it - I said that was out of the question - I never said if he would work it out I would pay the money to the prosecutor - he submitted to me that he would work out the money which he had received, and not accounted for - I said that was out of the question, on account of the amount - the prisoner's father lives in Castle-street, Holborn - the prisoner was taken into custody on the 3d of June - I have been to his father's house since that, about a fortnight ago - I think only once, since the 3d of June - I was there before, making inquiry about him - my object in going there was to tell the father I was very much surprised at his having recommended his son to me, with a knowledge, that in an office he had been in before mine, he had abstracted money from his employers - I saw nobody but the father - I never talked to him about settling it - nor ever asked him to settle it - I swear that most solemnly - my profession leads me to advance money, and issue advertisements for the loan of money - I am a money lender, and a certificated conveyancer.
JAMES DEFRIEZ . I live in Mile-end-road, and am clerk to Mr. Temple. I remember the prisoner being his clerk also - (looking at the cheque) I know the prisoner's handwriting - I believe this cheque to be his handwriting, except the words "Smith, Payne, and Co." across, and "No account" in the corner - I am certain it is his handwriting - I believe the endorsement, "Temple," to be his handwriting.
Cross-examined. Q. You are Mr. Temple's brother-in-law? Is there any similarity between the endorsement and the body of the cheque? A. The T is formed like the T the prisoner wrote at the office - there is not any very great similarity except that.
Q. Have you any orders from any body of that name to pay cheques for them? A. I should say not, certainly, as one of our clerks has written "No account" in the corner.
Cross-examined. Q. Do you know any thing about customers except from the books? A. Yes; I am acquainted with a great number of our customers' handwriting - I am quite certain there are no such accounts as this - I have looked for his name.
WILLIAM JOHNS . I am a policeman. I took the prisoner into custody in Crawford-street, in the shop of a Mr. Hoskins - Hoskins said he wanted me to take him for embezzlement and forgery - the prisoner said he was very willing to go with me, and asked me to go with him to his father's - he said he made away with some of his master's money, but his father would make it all right; and as we went along, he said, "I wish you would allow me to look at my pocket-book" - he pulled the pocket-book out of his pocket - I stood by his side - he said, "Now, as I am taken into custody, it is hardly worth while for me to have any forged cheques, or such things, found on me;" but there was none in the pocket-book - I found nothing but a pocket-book and two keys on him.
GUILTY . Aged 22. - Transported for Life .
First London Jury, before Mr. Recorder.
2nd COUNT, stating it to be the goods of Sir Francis Hastings Doyle , Bart. ; Sir John Cheetham Mostlock , Knt. ; William Plunkett , Hart Davis , Berkeley Paget , William Henry Percy , and Thomas Harrison , Esquire s.
MESSRS. ADOLPHUS and GURNEY conducted the Prosecution.
ELIZABETH HALES . I am the wife of Thomas Hales , and live in Vine-place. I know the prisoner Harris - he lives in Vine-place - on the 14th of May last, early in the morning, I was in Newgate Market - as I was coming back from the market, I met both the prisoners, as near as I can guess, about seven o'clock - they were coming up Vine-court, across Spitalfields Market - they went through the market - I followed them, and saw them go into the winevaults kept by Watson, at the corner of the market - I saw them come out of the vaults, and go down North-street, through French-alley, Bell-lane, Goulstone-street, across Whitechapel, and turn up Leman-street, into the Minories - I followed them all the way - I saw my husband in Spitalfields Market - he did not go with me - he saw them come out of the wine-vaults - after that he left me and went home - I followed them to Tower-hill, andPriest's-alley - I did not go into the alley - I waited about at the bottom opposite the Excise-place, walking backwards and forwards about the alley - I saw Harris standing up the alley, and when I passed by the alley again I saw a sack fall - I did not see where from - it came from above, it fell on the ground, and Harris took it up - it fell from the Excise Office - the Excise building forms one side of the alley - I just observed it as it came on the ground - I cannot say where it came from - I saw it fall - it came right down - the Excise building is on the right hand side of the alley - the sack appeared to me to fall from that side; but I could not swear it - (after Harris was taken in charge, I went up the alley, and observed there was a window there; but I did not know it before - I do not know whether there is a window on the opposite side) - after it fell, I saw Harris come out of the alley with the bag on his shoulder - he went across through the Tower - I had noticed the bag that fell on the pavement - it was such a bag as that - it appeared the same bag as I saw fall from the building - he had not a bag on his shoulder when he went up the alley - I followed him through the Tower - I spoke to a policeman, but did not go with him far - I left before he took the prisoner - I have seen Hartrup a great many times come backwards and forwards to Harris - I have heard Harris call him "Master."
Cross-examined by MR. PHILLIPS. Q. You would not swear, I am sure, that the bag you saw fall was the same bag exactly as you saw Harris carry? A. I do not know how I could positively swear it was the same bag, because it was out of my sight a minute or two - I should consider there was no other bag - I will not swear it was the same bag - how is it possible I can? - I should not like to swear it - I did not take particular notice of it.
Cross-examined by MR. CLARKSON. Q. When was it that you had seen Hartrup with Harris? A. I think on the Tuesday morning as I sat at breakfast - my husband heard him go in, and could swear to him by his walk - he said, "There goes Harris" - I got up and looked out of the window and saw it was him - I do not know whether they talked together at that time; but I saw him go into Harris's house - they did not talk together in my hearing- on the Wednesday night before that, in Vine-place, they were both together, and I heard them talk - I do not know what time it was - that was the time I heard Harris call Hartrup "Master" - I have been in trouble before, and Mr. Clarkson defended me - that was last September twelve months - I was charged with stealing some ribbons in the other court - I remained here five days after my trial - Mr. Harris and his wife had been twitting me about that - they told me I had been tried - I do not owe them any spite for that - I do not associate with them - I have not spoken to them - they continually upbraided my child with my fault.
MR. ADOLPHUS. Q. You were convicted - were you imprisoned five days? A. Yes - Harris upbraided my innocent child, who is not ten years old - that was most undoubtedly one of the motives that made me watch him- I saw no bag that morning, except the one which was thrown out of the window - the alley is wide enough for people to pass and repass - whether it is six feet, or more, I cannot tell - the bag I saw on Harris's shoulder looked like the same bag I saw fall - it was the same colour and bulk - I did not see any other person come out of the alley with any bag - I did not see any bag in the alley after he brought that one away.
THOMAS HALES. I am the husband of Elizabeth Hales. I know both the prisoners perfectly well - Harris lives three doors from me - I have seen the other prisoner coming to Harris's place - on the 14th of May I saw the prisoners coming through Spitalfields Market, and go into a gin-shop - I saw them come out of the gin-shop - my wife followed them directly afterwards - I saw them go towards Union-street, East - I did not follow them farther.
PHOEBE CARR . I am a widow, and live at No. 14, Priest's-alley, about a dozen yards from the Excise Office window. On Wednesday morning, the 14th of May, I was standing at my door about eight o'clock, and saw the prisoner Harris opposite the Excise window - I saw the Excise shutters open, and a sack thrown out - the prisoner took it up, and walked down the court with it - I had seen him there before - I never saw Hartrup before - I know Harris by seeing him twice in the Court.
Cross-examined by MR. PHILLIPS. Q. When did you first go to tell the Excise of it? A. I did not go to tell them - they came to me - a gentleman came - I told him what I had seen - he asked if I had seen a bag thrown out of the window - I told him "Yes" - he asked if it was a man named Harris - I said "Yes" - he took down my evidence - he said I should not lose my time - I did not ask what I should have for my time - he did not mention what I was to have - I sell fruit in the street, and I expect to be paid for my lost time; but I do not know how much.
MR. ADOLPHUS. Q. I ask you, did the gentleman in any way tell you, you should be paid for giving false evidence, or doing what was wrong? A. He did not - he did not tell me what I was, or was not to say - I do not expect, whatever may be the event of the prosecution, to be paid more than the Court allow.
ARTHUR CRAIG . I am a policeman. I was on duty on the 14th of May, on Tower-hill - I saw Mrs. Hales within the gate of the tower - in consequence of something which she said, I followed the prisoner Harris to opposite the Mint - I then stopped him - he was carrying a sack on his back - I told him he had better stop, and come with me - he went with me - I took him to Denmark-street station-house - I looked into the sack, and found in it the Excise papers, which I produce - on Tower-hill I asked him what he had got in the bag - he said it was old paper - I asked where he got it - he said at the Excise Office - I asked him from whom he got it there - he said from the foreman there- I asked the foreman's name - he said he did not know - I asked him if he had any paper or note along with it - he said not - I asked where he was going - he said to Mrs. Davis, in St. Mary Axe - I saw the way he was going - I
JAMES COOK . I am a sergeant of the H division of police. Craig brought Harris with the sack to me - I was on duty in Denmark-street, on the 14th of May - I examined it - it contained Excise papers - I asked the prisoner where he brought them from - he said from the Excise Office, Tower-hill, and he was going to take them to Mrs. Davis, in St. Mary Axe, who contracted for store papers - I asked him if he had any account of the weight - he said he had not - I asked if he was in the habit of carrying them in that way - he said he was repeatedly, when Mrs. Davis was short of paper - I asked if he in general carried them without an invoice to show the weight - he said he never had an invoice - I said I did not believe that was the way the Excise did business; I should send a man to inquire, and detain him till I found the truth - I asked him to refer me to the man at the office who gave him the bag - he said he did not know his name, he believed he was a sort of foreman there - I asked if he knew any body there he could refer me to - he said he did not know any one - that was all that passed then - I sent Craig with a sample of the papers to the Excise Office, and detained the prisoner and sack till he came back - I had received private information, and went to the Excise Office in Broad-street, City, and apprehended Hartrup near upon eleven o'clock - I saw him in a room belonging to the sorting department of the store papers - I asked him if he had been that morning to Tower-hill - he said he had - I asked if he had called at Spitalfields market on his road there - he said he had not - I asked if he went in the coat he then had on, or the one which hung up in the room - he said the one which hung up - I asked if he had seen the prisoner Harris that morning - he said he had not - I asked if he had not seen him, and drank with him that morning - he said not - I asked if any body accompanied him down to Tower-hill to the Excise Office - he said no one - I asked him if he had ever drank with Harris at all previous to that - he said he had, when he had been employed by Mrs. Davis, when she moved papers, but not on that morning, nor had he seen him that morning - I took him to the watch-house.
Cross-examined by MR. PHILLIPS. Q. Do you know Mrs. Davis? A. I do not - I have seen Excise papers before - I do not know that the Excise are in the habit of selling waste paper, Except that the prisoner said Mrs. Davis contracted for the waste paper - I never saw a sale made myself - all my questions were put on mere speculation to ascertain the truth, which it is my duty to do - I was in the station-house, and he was brought in to me - he did not satisfy me - it was before I thought proper to lock him up I questioned him, to ascertain whether it was correct or not, but not with any view to give evidence - I was there to take charge of persons, and do the duty of the inspector in his absence - I consider it was my duty to question him- that is my instructions, which I receive from Colonel Rowan and Mr. Mayne - it is my duty to ask questions, to ascertain whether a parcel has been stolen or honestly come by - I do not take down in writing the answers they give.
Q. Did you tell him before you examined him you would give evidence of his answers on his trial? A. I did not.
MR. ADOLPHUS. Q. The man was brought to you after you had received information; had you received information? A. I had not previous to his being brought in - I received it during the time he was brought in - I put the questions on the speculation of my own mind - the constable brought him in, and said, "I don't think this is all right" - the papers are returns which come in from the different districts for different years, some as late as 1829 - no man could look at these, and not know they were Excise papers - some of them are returns of tobacco districts, tea districts, and other things - they are waste paper.
URSULA DAVIS . I am a widow, and live in St. Mary Axe. I know the prisoners - I did not employ them on the 14th of May to bring any paper to me - I had not purchased any at that time - I am in the habit of buying waste paper from the Excise - we contract for the whole of it - it is brought to us in carts or waggons - we contract for it at a regular price - when they wish to part with it, they give us notice - we never have it in that way; we have notice to receive it, and some gentlemen are appointed to see it weighed - it is never sent out without our having notice of it - when they wish to send it, they give us notice, and we endeavour to take it as soon as we can.
Q. They don't of their own authority, and without notice to you, send any quantity they have? A. They do not - we fetch it away in carts and wagons, at our own expense, and my sister attends to see it weighed.
Cross-examined by MR. PHILLIPS. Q. How long have you been connected with the Excise? A. About twenty years - we buy the paper by the son - we pay £28 for a ton of it - this sack weighs nearly 1 cwt. without the sack.
Q. Have not the Excise sometimes sent paper to you when you did not expect it? A. No; not that I know of- it has not come when I did not expect it.
Q. Has it not sometimes happened, that they came when you did not expect them - have they not sent you paper without regular notice? A. No; there has been one bag, or two, which we had not notice of - they came in bags, not in wagons - I cannot tell how long it is since the last bag came in that way - my sister can tell better than I can - she manages the concern - it was brought, I know - I cannot say how long ago it is - it is a few months back - it was only that time it came in a bag without notice - I do not think I was present when it came - it was taken in and kept, but we gave notice immediately at the office, that a bag of paper was brought - that was recognised by the office, and I paid for it - it was only in that single instance - I did not think of that before.
Q. How came you to swear none ever came except in carts and wagons? A. That is the regular way for it to come - no other instance occurred to my knowledge, but I cannot positively swear it - we had employed Harris about two years ago - he used to come with the cart to bring the Excise papers - he brought that one bag without a cart - he has never been in the habit of bringing papers, never but that one - he always accompanied the cart or wagon.
COURT. Q. For two years past he has come with the cart
MR. PHILLIPS. Q. And only once in a sack? A. Not to my knowledge or belief - within a few days after he brought the sack, my sister applied to the Excise - we made it known to them, and they acknowledged the sale - it was a sack that was left behind, as we understood.
Q. When paper was brought, was it a custom to bring any document from the Excise? A. No - because there are always two officers to weigh it, and my sister attends the weighing - my sister always has the management of the business - she would know whether things are regular or not- it would be her duty not to keep the sack if it was irregular.
COURT. Q. When that sack was sent in, was any account of the weight sent with it? A. No; I understood it had been weighed, and was left behind.
MR. PHILLIPS. Q. Did the weight of the sack come to you from the Excise office? A. No; it was weighed with others at the office - they always came weighed - I did not say the sack was paid for separately.
Q. What did you mean by saying, you did not pay for it separately? A. I cannot explain things - my sister can explain it - I cannot answer questions that I know nothing of.
MR. ADOLPHUS. Q. You had been dealing with the Excise for papers for twenty years? A. Yes; I always know the quantity I am to have from them - the paper is weighed at the Excise office by two Excise officers, generally in the presence of my sister, and then I have to pay £28 per ton for what is delivered to me.
Q. Were you present when the circumstance happened some months ago, about a sack being brought - did you speak from your own information and knowledge, or were you present? A. I spoke from information - my sister went afterwards to the office about it - I never go - I know nothing of it except what I was told - my sister had been to the Excise office just before the 14th of May - no paper whatever was to be delivered to us on the 14th of May - we had no expectation of any.
COURT. Q. I understand you to have no expectation on the 14th of May of the particular sack forming the subject of inquiry to-day? A. No; nor had I of the delivery of the sack, of which I gave notice to the Excise - my sister can answer that.
MARY FELLOWES . I am the sister of Ursula Davis, and carry on business with her in St. Mary Axe. I transact the business for her with the Excise, on Tower-hill - I generally conduct the business - the Excise let us know when there is any paper to be removed - the store-keeper lets us know - the store-keeper either comes to me or I go to him.
Q. Did you ever have Excise papers delivered on your premises, except in consequence of such notice given one way, or the other? A. On one occasion a bag of paper was brought by Harris, and I went to Mr. Powell, the sorter - I was not at home when Harris brought it - I went to Powell, and told him Harris had brought a bag of paper which I had weighed, and gave him the account of the weight, and they had it put down with a load of paper, and it was paid for - it was paid for with a load of paper which was brought afterwards - I had known beforehand that the load of paper of which this was to form a part was to be delivered to us - that was weighed by the two persons authorized to weigh.
Q. Before you received the bag, did you know you were going to receive a load? A. I think not - there was generally some time between one load and another - I know of another instance where a separate bag was brought, which Mr. Mayhew has a receipt for, that was sent by the storekeeper - this is the receipt which was had for it - Mr. Taylor is store-keeper - I was made acquainted with this sack before it was delivered - I had a knowledge of that bag coming before it was delivered, from an order from Mr. Taylor, the store-keeper - that was another transaction, for which a separate receipt was given - that was not part of any load that was delivered - it was a distinct thing. (Receipt read.) "Old Acts of Parliament belonging to William Parish, Esq., late commissioner, - of cwt. paid to the store-keeper. William Johnson ." Those were old Acts of Parliament - quite a separate transaction to the Excise papers - I believe Hartrup brought that sack - on the 13th of May I went to the Excise office about some papers - I saw Mr. Powell in Hartrup's presence - I told Mr. Powell we should be glad to receive a load of paper on Thursday, the 15th, and they were to be got ready to be delivered that morning - I had not employed any body on the 14th to receive any part of that paper for me - about a fortnight before that, Harris had assisted in bringing a load home - Hartrup knew of my being engaged in purchasing papers - he has assisted in weighing it - I should think he knew the whole process well - neither Hartrup nor Harris had any commission from me to send or bring any paper on the 14th - the paper was to be brought down to the Excise office on Tower-hill, weighed, put into a van, and brought home - I was to send the van for it - that is always the way the business is conducted - they employ persons to weigh it, and I find the van and take it away at my own expense - I said nothing to Powell in Hartrup's presence, except that I should be glad to receive about a ton and half on Thursday morning, if it could be got ready - Hartrup was in the room.
COURT. Q. Did you, on any occasion, employ Hartrup to do any thing with the paper to be delivered to you? A. Nothing; only to get it down from the rooms it was in, ready to be weighed.
MR. ADOLPHUS. Q. Was Hartrup employed by you or by the Excise? A. He was to be paid by us for getting the papers down stairs - he is employed by the Excise generally - it was to be brought from the rooms where it was deposited up stairs, - I am not in the habit of going up the stairs, but it came from rooms above.
Cross-examined by MR. PHILLIPS. Q. You have mentioned a second instance of some irregularity in the delivery of waste papers from the Excise - my friend asks if they were not old Acts of Parliament? whatever they were, did you pay for them to the Excise as waste paper? A. To the store-keeper - I did not on account of the Excise - I paid the store-keeper, but had a separate receipt, and not from the Excise - I did not intend the money for that to go to the Excise - it was paper belonging to one of the commissioners - I do not know him - my sister knows very little of the transactions.
AMY BATEMAN . I am the wife of William Bateman, who is in the Excise office. We have rooms at the entrance of the Excise, from Tower-hill - we keep the keys - on the morning of the 14th of May, as near as I can say, at half-past seven, Hartrup came by himself - he asked for the passage key, and also for the bunch of keys which relate to the top room, where the paper is kept - I gave him the keys - he went into the passage - I went into my room, and when I came back, I saw him on the stairs - I did not see him any more till he brought the keys back again - I think he was there about half an hour - he said he was coming to get the books for the old lady, Mrs. Davis - I do not know where those books were kept.
JOHN POWELL . I am sorter of old stores, at the Excise office. I remember Miss Fellowes coming to the office - I do not recollect the day - I remember the day the prisoners were taken up - I think Miss Fellowes had been there three days before that - some store were to be made up, to be delivered on the Thursday - the day after the prisoners were taken up - Thursday would be the 15th - on the 14th, about twenty minutes past six in the morning, I went to the front gate, at Tower-hill, and rang the bell - I went up stairs - there are two staircases - Bateman's rooms are at the foot of the staircase in Tower-street - I went up the other staircase - I was not on the staircase which it is said Hartrup went up - I had not been into the room the paper was in for six weeks - the room the papers were kept in is in front of Tower-hill - the books were cut, and left there to be taken away, about a ton at a time, by Mrs. Davis - they are survey books, and documents belonging to them - the books she was to take away were only survey books - there were no papers of this kind for her to take away - she said herself she would take about a ton and a half - there is nothing there but survey books - they were old books - we call them survey books - there was no waste, but survey books - these papers are daily entries - they were not in the same place- the store-keeper determines what shall be sent - I am not a store-keeper - this is waste paper, but not survey books.
Q. Is the waste paper to be sold put into one particular room, or dispersed in many rooms? A. It is put into one place when it is to be sold - there is not any such books, as those produced, put into that place - the waste paper is intended to be deposited in the upper room, that faces Tower-hill - it cannot, by any means, except improper ones, be in the lower room, fronting Priest's-alley - there is no waste paper, intended to be sold, in that room looking into Priest's alley - the paper is taken down from the chief office in Broad-street - it is kept there seven years- it is then all taken up to the top room, to be cut with the machine - this has not been cut with the machine - it was to be sold shortly, but not at present - this is not cut with a machine, nor would this sort of paper be cut with the machine before it is sold - it must be weighed before it is sold or delivered - I had been on duty there on the 13th - I had been there about three months - I had not been there all that day - I was there that morning about twenty minutes after six - no paper had been weighed that morning - it could not have been weighed without my knowledge - Hartrup is at times employed about the Excise office, at Tower-hill - he had no business up that staircase that morning, that I know of.
COURT. Q. If he was engaged in moving paper, who would tell him what to take and bring down? A. He was to receive his orders from me, and nobody else.
MR. ADOLPHUS. Q. You say you were not there overnight? A. Not all day - I was there in the morning - I left at three o'clock - I went at four - I again left at half-past five - we all left then.
Q. If paper had been weighed the night before, or in the day, would it be separated from the bulk so as to be known that it was weighed? A. Yes - there was none separated - the store-keeper's name is Cox; he cannot give directions to move paper.
Cross-examined by MR. CLARKSON. Q. Three months ago, we hear a bag was delivered which did not go in any wagon or cart, did you deliver that? A. I did not; I had weighed it with the rest of the paper the day she took a load - a sack was weighed and left behind - I and Cox weighed it with the rest of the paper, and it was paid for- it is my business to see that it is delivered - Hartrup sent it down before I gave my orders for it - whether it was paid for with another load I cannot say.
COURT. Q. Are we to understand in that case Hartrup took on himself to deliver the paper without your taking any step to weigh it, or otherwise? A. It had been weighed with the rest of the paper, a day or so before, and left behind - he sent Harris to take it down - she was not charged with what she had, or it would be charged twice; for Hartrup told me it was left behind after being brought down - it was weighed, as I understood - I had nothing to do with weighing that - I weigh all the paper - they had no business to take it away - it left the premises, I did not weigh it afterwards - I had superintended the weighing of it.
JAMES COOK re-examined. I asked Hartrup if he had been in Harris's house; if he had been there that morning: or had he ever been - he said no, he never had - I did not state that when I was examined before.
COURT. Q. How do you know it to be the property of the Excise; is there any mark to tell that it was not sold? A. The papers are labelled as coming from different parts of the country, from maltsters and others.
MR. PHILLIPS. Q. How do you know they have not
NOT GUILTY .
THOMAS RILEY . I live in Fore-street, in the City . On the 2d of July I saw the prisoner in Fore-street - I am shopman to Jacob Russell, who is a pawnbroker - this handkerchief was at the door-post between ten and eleven o'clock - I received information - went to the door, and missed it - I saw the prisoner run round the corner into London Wall, and came up within six yards of him - he pulled the handkerchief out of his jacket or breast, and threw it into the road - I followed him, and saw him taken into custody - the witness Williams took it up in my presence - there was another person apparently concerned.
JOHN WILLIAMS . I lodge at the Two Brewers, London Wall - I saw the prisoner running in London Wall - I heard the prosecutor crying, "Stop him! Stop him!" - the prisoner took the handkerchief from his bosom, and threw it away - I am not positive where he took it from - I took it up and gave it to Riley - I am sure it is the same.
Prisoner's Defence. I was walking along, and a young man pulled it down, and threw it over my shoulders - I took it off my shoulders, and put it in my bosom - the young man called, "Stop thief!" and I chucked it into the road.
GUILTY . Aged 14. - Confined One Month .
NEW COURT. - Monday, July 7th, 1834.
Fifth Middlesex Jury, before Mr. Common Sergeant.
JOHN THOMPSON. I lost three ducks and a drake on the 20th of May, between four and five o'clock in the afternoon - these are them.
JOHN ALLEN (police-constable N 78). On the 20th of May I met Cook and two others - I do not know whether Styles was one - Cook was carrying a sack - I asked him what he had in it - he said some ducks which he had brought from Epping - as I took him to the station-house he said he got them from Walthamstow - I took another boy who is an evidence - Styles was taken by another officer.
WILLIAM COLEMAN . I am an apprentice to a shoemaker in Edward-street, Hoxton. On the 20th of May my master gave me a holiday - I met the two prisoners - they asked where I was going - I said, to Lee Bridge - they went with me - we got some birds' nests, and then went on to the Forest to get some more - we went down a lane, and saw these ducks in a ditch under the hedge - Styles threw at them, and they went into a pond - we drove them out and took them up.
Styles's Defence. It is only spite: he took 1½d. from me, and I gave him a smack of the face - he said he would get me into a bother. I was not with him.
COOK - GUILTY . Aged 17. - Confined Five Days .
STYLES - NOT GUILTY .
1046. GEORGE EVANS was indicted for stealing, on the 16th of June , 1 waistcoat, value 10s.; 1 handkerchief, value 3s.; and 1 basket, value 2s., the goods of John Dority ; and 1 waistcoat, value 10s.; and 1 handkerchief, value 3s. , the goods of Robert Griffiths .
On the 16th of June I was coming across Hyde Park - I had a basket with me - I set it down - the prisoner came up and asked if I would allow him to carry it - I gave it him, and we walked on - another young man who was with him then asked me if he should carry my bundle, and I gave it him - when we were going up Edgware-road the prisoner said, "Where is the other young man?" - I looked back, and he was gone - I went into the Hop Pole to see if he was there, and when I came out the prisoner was gone- on the 18th I went to the Hop Pole, to inquire for the prisoner, and in going up the road I met him - I asked him for the things he had taken away from me - he said he had not got them, and had not seen them - I am sure he is the man who had my basket - he then said if I would go with him he would give me the things - I refused unless he would allow some one to go with me - an officer came up, and I gave him into custody - there was some meat, some potatoes, and two heads of greens in the bundle - a young woman afterwards came to me and brought some things; but before that two young men came and fetched me to go and get a jacket which had been in the bundle.
Cross-examined by MR. PHILLIPS. Q. Are you in the habit of giving strangers your basket to carry? A. No - I did not promise to give them any thing to drink at the Hop Pole - I had not been there often before - I did not tell the prisoner I was going in there - I have not seen my husband for fifteen or eighteen months.
HENRY EARLE (police-constable T 123). I was on duty in the Edgeware-road - I saw the prosecutrix and the prisoner - she asked him for her things - I asked him if he had stolen her things - he said he had taken them, but she was willing to forgive him, and he would restore the things - she gave him into custody.
NOT GUILTY .
HENRY SNOWDEN. I keep an eating-house in Shoreditch . On the 24th of June, I found the prisoner sitting in my bar cupboard, where I keep my money - I examined my money, and missed the quantity stated - he was searched, and 2s. 2d. found in his left hand - I said he had been robbing me - he said, "I will never do it any more" - but he would not give the money up.
Prisoner. I took it to spend it.
GUILTY. Aged 8. - Judgment Respited .
WATTS EDWARDS was indicted for stealing, on the 17th of May , 8 sixpences, the monies of Robert Hayward ; and that he had before been convicted of felony .
ROBERT HAYWARD. I keep an eating-house in Upper Park-place, Dorset-square . On the 17th of May, I left my shop to go into the kitchen - I heard a stamp on the floor - I ran up, and the lamplighter told me something - I examined the till, and the silver was all gone - there had been from eight to ten sixpences in it - I was the last person who had been at the till before I went into the kitchen, and I had been away two or three minutes - the prisoner was pointed out to me - he had some other person with him - he had a jacket on - I went up to him, and asked him to come back with me - he asked what I wanted with him - I would not tell him - he refused to come back - I walked with him to the first policeman I saw, and gave him in charge - the other person walked away.
GEORGE BURL . I am a lamplighter. I was cleaning my lamps at the corner of Milton-street, and saw the prisoner walk into the prosecutor's shop - he came out, and the other man walked along with him towards Dorset-square - I thought things were not right, and I went over and stamped in the shop - the prosecutor came up, and I pointed out the prisoner - no one had been into the shop but him.
Prisoner. He cannot prove that I robbed the till - he went in himself - it is hard to say whether he did not rob it- I am quite innocent.
GUILTY . Aged 20. - Transported for Fourteen Years .
THOMAS ROBERT THOMAS . I am a patten-maker, and live in High-street, Shadwell . I was opposite my door on the 21st of June - I saw the prisoner pass my shop - I watched him for twenty or twenty-five minutes - he and another had been passing for an hour and a half - I then saw the prisoner go into Mr. Champion's shop, and take eight pair of shoes, and run off - the other man ran off first - I ran over and knocked the prisoner down with the shoes - I took them, and him to the prosecutor - these are the shoes.
GUILTY . Aged 16. - Transported for Seven Years .
SUSANNAH KING. I am a widow - the prisoner is my son - I live in High-street, Portland-town - I left my son at home on the 28th of May, when I went out to work - he lived with me at that house - when I came back I could not get in - I suppose he had locked the door - I got in at night, and then missed the glass and two tumblers - they had been safe when I went out in the morning - the glass was hung.
HANNAH HARMSWORTH . The prisoner came to me on a Thursday, the latter end of May - he brought these two tumblers, and asked me to buy them - he said he was a married man in great distress, and had been out of work for eight weeks - I bought them for 1s. - he then said he had a looking-glass which he must dispose of, and he would let me have it a bargain - he brought it the middle of the next day, and I bought it for 16s. - I said, if it was worth more I would give him more, but that would buy him shoes and something to eat - we keep a green grocer's and coal shed.
Prisoner's Defence. The looking-glass is my own - I worked it out of a man, and took it to my mother - she kept it till I went into the country, when she lent me 16s. on it- I paid her again when I came back.
SUSANNAH KING. No; I bought the glass myself - he never worked any thing on it, that I know of - he has had a few shillings from time to time of me, but never borrowed 16s. - he has never said that it was his; but I have said that what little property I had, I wished after my death to be divided amongst my children - the prisoner has said he should look upon the glass to be his, and the rest of the property to be divided.
GUILTY . Aged 20. - Confined One Year .
JANE ROSS . I am the wife of John Ross; we live at Shadwell . I had two cotton shirts on a line in my yard, on the 30th of May - I saw them at five o'clock in the afternoon, and missed them at twenty minutes past five - I went down Gravel-lane, and found the prisoner - I asked her if she had a shirt of mine - she said, "Yes," and opened her apron, and wished me to take it - she had no right to take my things - she lived next door to me - our back doors both come into one yard - she is married - I have lost a great many things for five months - this is my shirt - she took down a pair of stockings at the same time, but she left them because her sister saw her.
Prisoner. It was a mistake.
GUILTY . Aged 65. - Confined Three Months .
ANN MOORE. I am a widow , and live in Shuter's-buildings, Somers-town . On the morning of the 10th of June I was in bed, with my children, in the room down stairs, (about half-past six or a quarter to seven,) and I saw the prisoner at my drawers - she had opened the door, and come in, and gone to the drawers - I must have been asleep when she entered - I immediately got out of bed, and tried to catch her, but she ran out - I made an alarm, and cried,"Stop thief" - I then missed the watch from the mantel-piece - I had seen it safe at ten o'clock the night before - a man in the court ran after her, and caught her.
JOHN HEWETT . I heard the alarm, and ran and took the prisoner - I then went to my work, and in three quarters of an hour two policemen came and asked where I took her - I showed them the spot, and they found the watch there behind some shutters in a passage, which is not a thoroughfare.
JOHN FITZGERALD (police-constable S 30). I went and found the watch - I took it to the prisoner, and said,"What do you say about the watch now?" - she said it was the first time that ever she took any thing.
Prisoner. I used to go every morning to light the fire for her, and she gave me a half-penny.
GUILTY . Aged 12. - Transported for Seven Years . See page 566.
WILLIAM BAUGH . I am servant to Mr. Isaac Myers, who lives in Chiswell-street . I missed a pair of trowsers from inside his door, on the 5th of June - I ran up and down several courts, and saw the prisoner at the corner of a court in Chapel-street - I watched him - he went into Fore-street - I then gave him into custody - I opened his shirt, and took these trowsers from between his shirt and his skin - this was about twenty minutes after I missed them - I had seen him lurking about our door for an hour and a half.
Prisoner. He used me very indifferently indeed. Witness. I did nothing but give him into custody.
Prisoner's Defence. I was coming along, and a young man ran by and threw them down.
GUILTY . Aged 20. - Transported for Seven Years .
1054. JOHN ROSE was indicted for stealing, on the 26th of May , 2 pair of trowsers, value 13s.; 1 jacket, value 1s. 9d.; and 1 frock, value 3d.; the goods of Christopher Tucker , and that he had been before convicted of felony .
ANN TUCKER . I am the daughter of Christopher Tucker, we live in Union-court, Holborn . The prisoner had lodged at our house - he came again on the night of the 26th of May - there was no one at home but me - he said he wanted his bed again - I said he could not till the woman came in- he said he must - he forced the door and went in, and took this jacket and frock, which were in that room - I was looking through a pane of glass, and saw him - he then went to a box and took two pair of trowsers - he put the jacket by his side, and came out of the room, and said he would wait till my father came in - he then said he would go next door and have a pint of beer - I told him I had seen him take some clothes, and asked him to give them to me - he said they were his own clothes, that he had put there that day week - I said he must give me the clothes again - he said he would go next door, and wait till my father came- he then ran off, and I called, "Stop thief" - I saw him taken.
Prisoner. I told you I had left some clothes there, and you said your father did not wish me to come again.
Witness. No; you only said you wanted to go to bed - the room door was not open - there was no person there - I had been in the room during the week; you had left nothing there at all; if you had, I must have seen it - only one other man lodged there; he had left no clothes.
CHRISTOPHER TUCKER. I am father of this girl. These things are all mine - I had left them at home that night - the trowsers were in a trunk, I had been in the room during the week he had been away - I had seen nothing of his there.
Prisoner. Q. Did not you see me bring a handkerchief in the first night I came? A. No; I saw nothing at all- he said he worked for Mr. Cubitt, but I could not go there for his character till two days afterwards, and then he left.
JAMES READING . I heard a cry of "Stop thief," and saw the prisoner running with the clothes on - I brought him back - he had this pair of trowsers on over his own, and this jacket was under his flannel one, and this other pair of trowsers under that - he said he wanted the loan of these things.
GUILTY . Aged 40. - Transported for Fourteen Years .
JAMES ALLEN . I am the son of John Allen; he lives in Hackney-road . On the 24th of May, the prisoner came to hire a child's chaise for two hours - I told her it was 2d. an hour - she gave her address, "Mrs. Smith, Long-alley"- she never brought it back - I am sure she is the woman.
JOHN ALLEN. In consequence of information, I went to Long Alley, but could find no Mrs. Smith there - I got information and found the prisoner.
GEORGE KEMP (police-constable N 82). I took the prisoner in Red Lion-court, Kingsland-road, about five or ten minutes' walk from the prosecutor's shop - she was sitting at work at the door - she denied all knowledge of it.
Prisoner's Defence. I go every night to the next door to the prosecutor's to buy leather, and unless the lad saw me there, he has not seen me at all, for I am innocent.
JAMES ALLEN. I am positive she is the person - I never saw her come next door to us.
NOT GUILTY .
THOMAS FINCH. I live in Pierpont-row , and am a mason . I let a house at Islington to the prisoner, and I have another house, three doors from it - I missed, from that house, a pair of sashes - this one I can positively swear to - I had seen it there on the Wednesday afternoon, and missed it on the Thursday morning - they are worth 9s. or 10s. each.
BENJAMIN COLLINS (police-constable G 217). I was on duty in the City-road, on the 12th of June, about half-past eight o'clock - I saw the prisoner in Featherstone-street, with these two sashes on his shoulder - I asked him where he brought them from - he said from home, and he was going to take them over the water - I asked, "Where?" he said that was his business - I took him, and found the owner of the sashes.
GUILTY . Aged 34. - Transported for Seven Years .
1057. FRANCIS AMOR was indicted for stealing, on the 23rd of June , 1 sovereign, 1 half-sovereign, 4 half-crowns, 10 shillings, and 2 sixpences, the monies of John George Mander and another, his masters .
ROBERT STUPART . I am a pawnbroker , in partnership with Mr. John George Mander, in East Smithfield - the prisoner has been in our employ since August last - we settle our account every day - on the 23rd of June, we found a deficiency, as there had been for a month before, once or twice a week, to various amounts; one day it was 3l. 10s. - it is the duty of every person in the shop to take and to pay money, and to enter it in a book - I found a deficiency from time to time, but could not trace it to the prisoner - on the 23rd of June, one of our young men gave me some information - I went to the prisoner's box, and in a pair of trowsers of his I found a purse, containing a sovereign, a half-sovereign, and 26s. - this was in the morning - I left it there, and went again after dinner, and the money was removed - I sent for an officer, and called the prisoner into the parlour - he was asked to take out the contents of his pocket, and he pulled out the purse and the money in it - he was asked to account for it, and said he had received 10s. of me on the Saturday, and that he had received 2l. of a lad on the Sunday, to whom he was to sell a coat - we said it would be easy to send for the lad to prove it - he said, "No, do not get the lad into trouble; I will tell the truth: I took the money from my master."
THOMAS OSBORNE . I am beadle of St. Botolph, Aldgate. I was present when the money was found - the prisoner said he took it out of the till - he then produced this watch, and said he took the money to pay for it, from his master.
GUILTY. Aged 16. - Recommended to mercy . - Confined Six Months .
THOMAS CASSIDY (police-constable N 71). I was in Wilmer-gardens, on the 23rd of May, about four o'clock in the morning - I saw the prisoner coming across some palings with some canvass, which he said he picked up in the yard - I was looking at it, and some person in the yard said, "Never mind, Tom, it is all right" - in an hour afterwards, I saw the prisoner burying something in the field - I went to look, and found it was this crow-bar - in the afternoon, I took the prisoner - this is the bar, the canvass is lost.
THOMAS CHALTON . I am in the service of Mrs. Elizabeth Sampson - this is her crow-bar - I saw it safe at half-past six on the night of the 22nd of May, and when I came to work next morning, I missed this and another.
ELIZABETH SAMPSON. I missed two crow-bars, and a piece of canvass - I had seen them safe the night before.
Prisoner's Defence. I did not have them at all.
GUILTY . Aged 14. - Transported for Seven Years .
ANN STARLING. I am single . I was walking in High-street, Whitechapel , on the 31st of May, at twenty minutes past ten o'clock at night - I had this purse in my pocket, with two half-crowns and eight shillings in it - I received information, and went after the prisoner.
Cross-examined by MR. DOANE. Q. Where were you going? A. To the butchers - I had seen my money safe about half an hour before - I have lately been in the country - when I returned I was charged with taking half-a-crown, but am quite innocent.
GEORGE TIDDER . I was in Whitechapel, and saw the prisoner and another lad standing at a show - one of them had a handkercheif - they then went on - I followed them- I saw them crowd together against the prosecutrix, and the prisoner was rummaging about her clothes - I saw his hand in her pocket-hole, and he took something out - I then saw her pocket hanging out - the prisoner ran off - I told the policeman, who ran and took him - he said he had nothing about him, and he had not, but a young man got a light, and we found this purse just by a grating where the prisoner fell down - we heard it fall.
Cross-examined. Q. Did you see him turn her pocket out? A. Yes; she was going along in the crowd - she was not sensible of what was done till another lad went and told her - I did not tell her that his hand was in her clothes - I was waiting for a policeman - I had just left work - I had not been home - I saw my sister, who said my father was not at home, and I went to take a walk - it was not very dark - I saw him put his hand into her pocket, and heard the purse fall.
GUILTY. Aged 14. - Judgment Respited .
THOMAS SMITH. I live in Garden-walk . I had a bird and cage hanging at my house - I saw it safe on Wednesday, the 4th of June, about nine o'clock at night - I found it at Mr. Rogers's shop that day week - I went to Janson's with the officer, and took him.
JAMES ROGERS . I am bird-dealer. I bought this bird and cage of the prisoner Swainson - he asked me if I would buy it - I said I should like to know whether it would sing- he left it till the next morning - it was tied up in some green baize which was found the next day at Janson's- it was brought to me a month ago last Thursday, and on the Friday I bought it for 2s. 6d.
THOMAS MALIN (police-constable G 156). I went to Rogers, and found the cage and bird - I then went to Janson's, which is nearly opposite the prosecutor's - his mother denied him - I said I must search the house - he tried to make his escape - I searched the bottom of the house, and could not find him - the people then cried out that he was on the top of the house - I came out, and then went in again - I caught him at the back door, and took him to the station-house - when he got there he explained that there were two more in company with him, who came to the Angel and Crown public-house to him, and asked him to go to get the bird and cage down, that they went to Old-street, and got a long lath which got the bird and cage down- he said he did not sell the bird.
Janson's Defence. Swainson came to me, and asked me to go and take the bird and cage down - I said, "No" - we sat in that public-house till the landlord ordered us out - another young man came in, and they took the cage down, and took it away - I asked the next day what they had done with it - they said they had left it at Rogers's to see if it would sing - in two or three days afterwards I went to Rogers, and asked if a bird and cage had been sold there - he said, "Yes, for half-a-crown;" and that was the reason I was taken - on the morning before the robbery Swainson came to me, and asked if I had a piece of wrapper of any kind to lend him - I said, "No;" but he looked and found that baize.
JANSON - GUILTY . Aged 20.
Confined One Month .
SWAINSON - NOT GUILTY .
1061. SAMUEL SAMUEL was indicted for feloniously receiving, on the 23rd of May , 39 yards of silk, value 13l., the goods of Alexander Wilson , which had then lately before been stolen : against the Statute, &c.
ALEXANDER WILSON. I live in Crown-street, Finsbury-square , and am an umbrella and parasol maker . On Friday, the 23rd of May, I missed a piece of silk, about thirty-nine yards - in consequence of information I went to Mr. Soper, the manufacturer, in Spital-square - I then went to Mr. Barnard in London-wall - he is a parasol maker - I saw some parasols made of the silk I had lost, or similar silk - these are them - I then went with the policeman to the prisoner - Mr. Barnard questioned him as to the piece of goods which he had bought of him the Monday previous - the prisoner replied, he knew nothing at all about it - that he had never sold him any silk, or words to that effect - this parasol is one which had been cut from the piece of silk - there had been forty-two yards, and this reduced it to about thirty-nine yards - these parasols found at Mr. Barnard's appear to be the same silk - there is a defect in the figure which appears in the parasols.
Cross-examined by MR. PHILLIPS. Q. Is it an uncommon pattern? A. Yes - I do not mean that there is no more of this pattern - I found the silk six days after I missed it.
HENRY SOPER . I am a silk-manufacturer, and live in Spital-square. In consequence of what I heard from Wilson, I went to Barnard's house - he is an umbrella and parasol maker - I saw these parasols in a box in his house- I know they are made of this silk which I made last year, it is a pattern I made for Mr. Wilson exclusively, till the close of May, 1833 - here is a particular mark in these parasols, by which I am quite sure they are made from the same piece as the parasol produced by Mr. Wilson- the cane was perhaps one hundred yards - it contained two or three pieces.
Cross-examined. Q. How long did you make the pattern for Mr. Wilson exclusively? A. Up to May, 1833 - he had perhaps six or seven pieces - I have made the same for eight or ten houses - here is a defect which runs along the whole line of the figure - a part of the white is deficient - I never made any more with this defect in it.
MORRIS BARNARD . I live at No. 45, London Wall, and am an umbrella-maker. I have known the prisoner several years coming to my warehouse to purchase materials for umbrellas - on Sunday morning, the 25th of May, he came and purchased two dozen of pressed horn hooks, two dozen of collars, two dozen of six-inch runners, four dozen of cane ribs, and two dozen of embossed ferrules - he then said, "Mr. Barnard, I have a piece of silk I think will suit you" - I said I would look at it - he untied this silk - I looked at it, and asked what quantity he had - he said twenty-two yards, and it was 5s. a yard - I told him I could purchase from the manufacturer as good silk, or better than that, for that price; but I would give him 4s. 9d. for it - he accepted my offer - it was twenty-two yards - I calculated what it came to - it was 5l. 4s. 6d. - my son was present, and Mr. Millingen was up stairs - I called him down, and borrowed 5l. of him - I paid the prisoner, and he paid for what he purchased of me - I made these parasols out of that silk.
Cross-examined. Q. Did you buy it cheap? A. No; not cheap - there was no allowance for any defect in it - I saw no defect - I cut up many hundred yards - I looked at this before I bought it - I asked him if it was honest silk - Millingen was in the shop when I bought it, and he saw it- the prisoner has been in the habit of buying and selling- if I had not known him, I would not have bought it.
COURT. Q. You asked if it was honest silk, what did you mean by that? A. If he got it fair - he said it was quite right, I might offer it where I pleased.
HENRY BARNARD . I was present on the 25th of May, when the prisoner came - he opened the silk, and asked my father 5s. a yard for it - my father said he was buying regular silk in the trade for that - my father measured the silk - there were twenty-two yards of it; and he offered him 4s. 9d., which he took - my father asked if I had any money - I said, "No" - he called Mr. Millingen, who lent him 5l.
Cross-examined. Q. You had known the prisoner before? A. Yes, seven or eight years - I have met him at
MR. PHILLIPS to ALEXANDER WILSON. Q. Can you say that you saw a man with a crutch in your place? A. No - I had this silk on my counter on the 22d.
THOMAS KELLY (police-constable G 224). I went to the prisoner's house - Mr. Barnard said that the prisoner sold him the silk - Mr. Barnard said to the prisoner, in my presence, that he was the man that sold him the silk which I had seen previously at his house - the prisoner said he did not - I then told the prisoner he was charged with selling a quantity of silk to Mr. Barnard on the Monday previous, which was supposed to have been stolen from Mr. Wilson - he said he did not sell it him, that he was not out of doors on the Monday, and he had witnesses to prove the same - Mr. Barnard told me, in the presence of the prosecutor, that the prisoner sold him the silk on the Monday, and I took him on the Thursday.
Cross-examined. Q. Now, mind, I apprise you that what I am about to ask you is of great consequence to Mr. Barnard. Are you quite positive that Mr. Barnard told you that it was on the Monday that he bought the silk of the prisoner? A. Yes; I cannot be mistaken in the day - I am sure the prisoner told Mr. Barnard, when he charged him with having sold it on the Monday, that he could account for his time on the Monday, and that he was not out of the house - Mr. Barnard, in the presence of the prisoner, did not make mention of Monday, but he had to me before we went to the house, and I told the prisoner he had sold it on Monday - Mr. Barnard did not correct me in the day - he never said any thing about Sunday till he was before the magistrate - it was after the prisoner declared he could account for his time on the Monday, that Mr. Barnard changed it to Sunday.
COURT to MORRIS BARNARD. Q. You told us the prisoner came to you on Sunday, the 25th of May? A. When Mr. Wilson called upon me, on the Thursday, and looked at the parasols, saying, that the silk was stolen from him, I was rather confused, and I did, in mistake, say Monday - I gave Millingen a cheque for the money.
Cross-examined. Q. Was Mr. Millingen paying his addresses to your daughter? A. Yes. I was confused at the moment Mr. Wilson called, but my memory came back that afternoon, when I came back from the magistrate - I was confused in the prisoner's house - I did not think of the day- I did not correct the prisoner on the spot - I had made a mistake - I first told Mr. Wilson I bought it on the Monday, but I was confused then - I told the policeman so- he came directly afterwards. I was not very well that day - I did not recollect the day exactly; I thought it was Monday - I then walked to the prisoner's house with the policeman - I did not say one word about being mistaken on the walk; I suffered the policeman to tell the prisoner it was Monday; I did not contradict it - I was agitated - I made a mistake in the day - I did not correct the mistake in any way, till the prisoner said he could prove where he was on Monday - I then said it was Sunday - I never discovered the mistake till my witnesses told me I had made a mistake - Sunday is a remarkable day to buy, but I forgot the day - when the prisoner said he could account for every moment of his time, it did not make me remember it; I never gave it a thought - he denied instantly that he had sold it to me - this is the cheque I gave to Millingen for the 5l. he lent me - I told my foreman to be here to prove that the prisoner called at my warehouse, for the ribs I gave the order for - there was no question made by any body at the police-office as to the day - I was not afraid it would be questioned - I have had money transactions with Millingen before - he has lent me money before - I cannot tell how long before; it might be a month before - I cannot tell how much, without I had my cheque-book here; it might be 15l. or 20l., it was not so much as 50l. - I do not know that it was less than 20l. - I will not swear, because I cannot particularly say - my son was in the shop I think half an hour before the prisoner came in - he was doing nothing particular; speaking about the business transactions of the week, it might be - he is at a factory of mine, and sometimes he gave me an account of what was done - he did not come till near the middle of the day - I asked the prisoner for a receipt - he said he could not write- this was in my son's presence - I had known the prisoner nine years - I never knew whether he could write or not, but I asked him to make me out a memorandum, and he said he could not write - Millingen was not present then, but my son was, and he heard it - this cheque is the one I drew on my bankers, Jones, Lloyd, and Co. - it has been to Jones's house - I cannot say when - I never asked Millingen when he paid it into Jones's house, and he never told me - I gave it him on the Monday; I think the morning part - I did not give it him on Sunday, because bankers are not open - he came on Monday, after breakfast - I breakfast about nine o'clock - I cannot say whether it was before dinner; he did not dine with me - I sometimes dine at three, and sometimes at four o'clock - I expected he would get it cashed that day - my house is not two hundred yards from Jones's - I do not think it was after five o'clock when I gave it him - I did not know whether he would get it cashed that day - I did not tell you I expected he would get it cashed that day; he might have done it - he might not have got it for two days - he did not say any thing to me before I gave it him - I was in my counting-house - I do not know that any one was present - my foreman is at my factory.
Q. When you were before the magistrate, were you sworn? A. I believe I was - I think I was - I am positive I was - I fixed on Monday as the day the prisoner sold it to me, but I made a mistake before the magistrate - I did not come to my recollection till after I left the magistrate - when I got home, my witnesses put me in mind that it was Sunday - my son was before the magistrate - he heard me swear it was Monday - he did not correct me - he did not give it a thought - my son was sworn, and I think he stated the purchase was made on Sunday.
Q. Now, did not you fix on Sunday as the right day,
Q. Now, having told it to Mr. Wilson, then to the policeman, then to the prisoner, and then to the magistrate, were you in a state of confusion all that time? A. It was the same day - I did not talk to my son in going to the office of any thing particular - I told him that the silk was stolen, and Mr. Wilson had called on me - that was before I went before the magistrate - I do not know what answer my son gave me - I was very much hurt - he said he was present at the transaction.
COURT. Q. He sold it you on Sunday, the 25th? A. Yes; I rolled up the silk, and on the Tuesday I cut it up, - that was the 27th - and on the Wednesday I offered the parasols for sale - they were made on the Tuesday evening and Wednesday morning, and on Thursday they were found - I wrote this cheque, and gave it to Millingen - it would then go to the bankers; but I got it again, because I drew my books from the bankers, I think on the Wednesday morning, when I appeared before the magistrate the second time - I received this cheque, with some others, from the bankers - this transaction took place on Sunday, between twelve and one o'clock - my shop was open - the prisoner first made the purchases - my son was in the shop - the prisoner was there a quarter of an hour or twenty minutes - my son was there the whole time - Mr. Millingen was up stairs in the dining-room with part of my family - he came down when I called him - the prisoner was dressed in a drab or grey coat - he took all the things with him, except the cane ribs, which I gave him an order to receive at my factory - the silk was tied up in a pocket-handkerchief - my son saw that; Mr. Millingen did not - I did not give him the cheque that day, because he could not procure the money that day - he called on me on the Monday, and I told him the 5l. he had lent me I would repay him - I offered him the cheque - when this affair occurred, I got my book and cheques from the bankers, to prove that the 5l. I borrowed I paid him the next day - I thought the document to prove it was required, but no charge had then been made against me - I cannot tell how many of my family were up stairs with Millingen that Sunday - I dined at three or four o'clock - I went up stairs perhaps an hour afterwards - two or three of my daughters were there, and I think Millingen was.
COURT to HENRY BARNARD. Q. How long have you known Millingen? A. About four years.
Cross-examined. Q. Were you at the police-office on the Thursday with your father? A. I went there, but I could not speak to my father - I did not go with my father - I do not recollect whether I was sworn - I believe I said the silk had been sold to my father on the Monday - I did not recollect at the time - I did swear to Monday, but I did not think of it till I was reminded, when I got home, by Millingen and our foreman - I really cannot say whether I swore to the magistrate Sunday or Monday - I heard my father sworn - he said it was Monday - I was in the shop when this silk was bought - it was between twelve and one o'clock - I had not breakfasted with my father that day - I came in at the moment the prisoner was there, and he asked my father about the silk, which he had under his arm.
Q. What do you mean by "the moment?" A. The moment I entered my father's shop, I found the prisoner conversing with my father - I came in from our factory - I am sure I found the prisoner conversing with my father when I went in.
NOT GUILTY .
CHARLOTTE BROWN . I am the wife of William Brown - he is a baker , and lives in Cumberland-street, Curtain-road. On the 8th of June, I was returning from Shepherdess-fields, where I had been walking with my three children, and in coming home, my daughter Emma's necklace was taken off her neck, as she was in my arms - I did not see who took it, but I received information, and went with two officers to the station-house - I saw Wilson throw the beads down an area in going to the station-house - they were picked up - these are them.
WILLIAM READING . I was in the City-road on that Sunday evening, and saw this lady with her children - Walker took the necklace off the child's neck - I told the lady, and then went round by the Eagle Tavern to see for him, and the policeman had him - I had seen the three prisoners together, and Walker went from them, and took the necklace.
Wilson. He said at the office that Walker took them, and gave them to me. Witness. No; I did not.
GEORGE KEMP (police-constable N 82). On the 8th of June, I saw Wilson and Jones together following a gentleman and lady - I watched them - they crossed the road, and Walker joined them - I saw Walker attempt to take a necklace, and I thought he had got it, but he had not - I spoke to the lady, but she would not give them into custody - I then watched them, and saw them go to the prosecutrix, and Walker took the beads - I went and took him and Jones - I then went and took Wilson, and saw him drop the beads down the area.
(Jones put in a written defence, stating that he had gone up and spoken to the other prisoners, but was quite unconscious of their having committed a robbery; that he was going to call on his uncle, John Hodge , at the time.)
WALKER - GUILTY . Aged 13.
WILSON - GUILTY . Aged 20.
JONES - GUILTY . Aged 20.
Transported for Seven Years .
LEITH ADELAIDE COOPER was indicted for stealing, on the 26th of September , 2 pair of sheets, value 30s.; 1 bed cover, value 12s.; 1 couch cover, value 4s.; 1 coral necklace, value 10s.; 3 night-gowns, value 6s.; 1 shift, value 5s.; 7 books, value 4s.; 4 night caps, value 1s.; 2 frocks, value 1s.; 3 shirts, value 1s. 6d.; 1 collar, value 1s.; 1 pair of slippers, value 2s.; and 2 sheets of printed music, value 2d., the goods of Henry Soper , her master .
HENRY SOPER. I live in Spital-square . The prisoner was my cook , and quitted me in October last - I missed these articles, and went to Mr. Titterton's, in Cornhill, where I found these books - I went to the prisoner's lodging in Globe-fields, and I found her there - I found a number of articles there - some, she said, her mistress had given her - I found this bed-gown, which she acknowledged to having stolen - the sheets have not been found.
GUILTY . Aged 21. - Confined Three Months .
WILLIAM WAIGHT. I am a sail-maker , and live in Orchard-row, Mile-end. I met the prisoner on the 2nd of June, and went with her to No. 12, Johnson-street, St. Georges's in the East - I went to bed, and awoke at five o'clock next morning - I then missed my watch, which I had put under my pillow when I went to bed - I am sure of that - I did not say it was in my fob, to my knowledge.
Cross-examined by MR. DOANE. Q. You did not leave it in your fob? A. I am quite certain I put it under my pillow - I was sober - I had been to a benefit society - I had paid my contribution, and came away at eleven o'clock at night - I went there at half-past eight o'clock - I was not drunk - my watch was in my fob, and when I retired to bed I put it under my pillow, as I always do - I paid 7s., or 7s. 6d., at the club - I had two half-crowns, two shillings, and a sixpence, when I came away - I paid half-a-crown to the prisoner - I did not pay for the room - I did not say I had not money enough, and she might pawn the watch - I had drank at the club, and I went to a public-house before I met her, and had some porter, but no spirits - I was sober enough to see her.
COURT. Q. You had paid her half-a-crown? A. Yes; there was no further demand on me for the house, nor any thing else.
Prisoner's Defence. I met this man - he said he wanted a lodging, but he had no money - he gave me his watch till morning - I hung it over the mantel-piece, and in the morning I pawned it for 27s. - I was very willing to give him the rest of the money.
WILLIAM WAIGHT. I awoke in the morning, and she was gone - I went down to the man of the house, and asked if he knew what had become of her - he said he heard her go out, and thought I went with her.
GUILTY . Aged 50. - Confined Three Months .
Fourth London Jury, before Mr. Sergeant Arabin.
1065. WILLIAM MURCH was indicted for stealing, on the 30th of May , 2 saws, value 7s.; 2 squares, value 6s.; 2 gimlets, value 1s.; 4 chisels, value 4d.; 1 bevil, value 9d.; 1 hammer, value 1s.; 1 pair of pinchers, value 1s.; and 1 basket, value 1s. , the goods of John Harrison .
JOHN HARRISON. I am a carpenter . I lost these articles from a back parlour in a building at Tottenham - I left them safe in the evening of the 30th of May, at seven o'clock - I missed them the next morning - the building was locked up.
TIMOTHY DALEY (police-constable N 65). I apprehended the prisoner at a quarter past five, on the morning of the 30th of May, in the New-road, going to town slowly - I asked where he had been - he said he had been working two days at Tottenham, and he was then going to Dockhead - I asked him why he did not go the nearest way - he said he did not know the road - I found this property on him, and this new lock, which he said belonged to his old master, Mr. Smith - I went with him to find Mr. Smith, but could not.(Property produced and sworn to.)
GUILTY . Aged 47. - Transported for Seven Years .
There were three other indictments against the prisoner.
MARTHA GALLIERS . I am the wife of William Galliers, he is a linen-draper , and lives in Shoreditch . On the 28th of June the prisoners came together for half a yard of fringe - I said we did not sell it - they then asked to try on some boots, but they did not fit them - Roberts asked to look at them - Johnson then went away, but Roberts remained - Mr. Hanley then came in, and asked me to search Roberts, which I did - I found one pair of shoes on her - they had no money about them.
EDWARD PORTER . On Saturday week the prisoners came to the shop, and were looking at some boots and shoes - I went to the door, and saw Johnson come to the door, and call out, "Sall, Sall" - she then ran across the street, and down a court - I pursued her, but was stopped by three men - one collared me, and another pushed me back - I went back to the shop, and desired the officer to go in.(Roberts received a good character.)
ROBERTS - GUILTY. Aged 16. - Recommended to mercy . - Confined for Six Weeks .
JOHNSON - GUILTY . Aged 19. - Transported for Seven Years .
James Green the elder , from the person of James Green the younger .
JAMES GREEN, jun. My father lives in Red Lion-court, Spitalfields. On the 25th of June I got a bundle from Browns-lane, and was carrying it home to my mother - when I got to Spitalfields church the prisoner took it from me, by the side of the rails - he ran away, and I went home crying - I am sure the prisoner is the person - he was taken the same day - he took my bundle about five o'clock, and I saw him in the watch-house about six.
MARY GREEN . I am the wife of James Green. This little boy is my son - I sent him to fetch the articles stated in the indictment from the mangle, where I had taken them on the Tuesday - he came home without them - I took him to the station-house - the officer took him down Petticoat-lane, where he saw the prisoner, and knew him.
RICHARD BAILEY . I saw this little boy carrying the bundle by Spitalfields church - I saw the prisoner go and speak to him, but could not hear what he said - he then took the bundle and ran away - I went to the little boy and asked what he was crying about - he told me, and I ran round Dorset-street, but could not see the prisoner - I then went to work, and saw him at the office afterwards, and knew him to be the person.
Prisoner's Defence. I was taken within four doors of my own house - I had not been home ten minutes - I was taken because I was warm.
GUILTY . Aged 25. - Transported for Seven Years .
1068. CHARLES WALLACE and REBECCA HISCOX were indicted for stealing, on the 5th of April , 1 pillow-case, value 1s.; 9 pieces of lace, value 10s.; 2 pieces of silk, value 3s.; 1 collar, value 9d.; 1 pincushion, value 3d.; 4 yards of ribbon, value 3s.; 5 yards of crape, value 15s.; 1 umbrella, value 10s.; 1 sheet, value 5s.; 1 pocket, value 1s.; 1 handkerchief, value 1s.; and 1 apron, value 3s. ; the goods of John Taylor , since deceased.
MR. BODKIN conducted the Prosecution.
ELIZABETH TAYLOR . My husband's name was John - we kept the Duke of York public-house, in Salmon-lane, Stepney - in January, 1833, there was a fire - the prisoners were burnt out, and my husband took them in, and they remained three months at our house - they got the property stated by false keys - the first night the female prisoner slept in our house, I missed a purse with 3s. 6d. in it - I afterwards missed a gold watch, an umbrella, and a variety of other property, to the amount of more than 100l. - the prisoners left my house without our having suspicion of them - the female prisoner went by the name of Mrs. Wallace - I met Mrs. Jones some time after the prisoners had left, and she showed me a duplicate which related to my umbrella - I went to the pawnbroker's, and found it was mine - this is it - I made every exertion to discover the prisoners; and about Christmas last I found the man was in Whitecross-street prison, and the woman in Clerkenwell.
Wallace. Before Christmas her husband served me with a writ, and she could not help seeing me - the reason of her giving me in charge is, she had some private distilled spirits of me, which came to £5. Witness. There was no animosity between us; and I had no writ against him.
WILLIAM BRAND . I am one of the City marshall's men - on the 26th of December, I had a warrant from the Lord Mayor, and went to No. 12, Horse-ride, Little Moorfields - I found two boxes there, and the articles which I now produce; a pillow-case, with J. S. T. on it; some lace; some black ribbon; a shirt-collar; a pincushion, and a quantity of carpet - I went the same day to Whitecross-street prison, where I saw the prisoner Wallace - I searched him, and found on him two keys, which I took to the place, and they opened the boxes where these things had been.
WILLIAM WEST . In the course of last year I removed two boxes to No. 12, Horse-ride, for the prisoner Wallace - he went with me - I saw the female prisoner there, and she paid me - I put them in the lower room.
SAMUEL STENT . I keep the house, No. 12, Horseride. The prisoners asked my permission to put two boxes there, which they did - they are the same the officer searched - both the prisoners were there, and had access to the boxes - I think I have seen the keys in the female prisoner's hand - I called at the House of Correction, and saw the female prisoner - she sent me to Newgate for a bundle she had left there - I went for it - they charged 1s. 6d. for it - I had not 1s. 6d. then, and I called and got it the next day - it contained this cap.
EDITH STENT . I used to wash for the prisoners - I had an apron of theirs, which I gave to Lee - I have seen the two boxes; and the prisoners have treated them as their own - my little girl was sent to pawn some silk for them, and afterwards went to redeem it.
MARY ANN STENT . I was sent by the prisoner Wallace to pawn this piece of silk - he told me to get 2s. for it; but I could only get 1s. - I gave my mother the duplicate, I went with my mother to get the silk out again - the prisoner then lived at No. 5, White-street.
ELIZABETH JONES . I live in Cable-street, St. George's. I remember the time of the fire, and the two prisoners living at Mr. Taylor's - last April twelve months the female prisoner came to see me, and dropped a duplicate - I took it up, and it was of an umbrella for 3s. - she said it was no use to her: I might keep it - I sent for Mrs. Taylor, and gave it her.
WILLIAM LANEE . I am a pawnbroker, and live in Broad-street, Ratcliff. I know the female prisoner by coming to the shop - I have a sheet which she pawned on the 29th of April, 1833, with a number of other things, for 28s.
JAMES LEE . I am a police-officer. I went to Whitecross-street and took the man - the next day I went to the House of Correction and took the woman - she had been six months there in the name of Mary Wand, and
MRS. TAYLOR. These things are all mine, and were all on our premises when my husband suffered the prisoners to be there - my husband died on the 8th of April last.
Hiscox. Q. Did you ever send me to pawn things for you? A. No; you never went to Mr. Ward's and released a shift for me, and then bought it of me - I never sent you to pawn Wallace's clothes.
COURT. Q. How much did you lose? A. More than 100l. worth - the prisoners had the two best rooms in my house - the first night they came, I began to lose things - suspicion fell on my servant.
Wallace's Defence. I went to lodge with Mr. Taylor, and I was at that time in the habit of keeping private stills, for which I suffered by the Excise, and paid the fine - Mr. Taylor asked me to get him some spirits - I got him four gallons and one quart, and he said, "Let it stand till your pay comes due" - he then had some more, and he would not pay me - I went to the magistrate about it, and then he said he would give me in charge for stealing a gold watch: and I went to the Board of Excise, and laid information, and he got fined £25 - he then went out of spite and got me arrested, and when I was in prison they had me taken for this.
MR. TAYLOR. I am an attorney - I served a writ on the prisoner for Mr. Perkins - these articles were not in his schedule.
WALLACE - GUILTY . Aged 28.
HISCOX - GUILTY . Aged 30.
Transported for Seven Years .
EDWARD ALEXANDER MILLS. I keep the Jane Shore, in Shoreditch . On the 25th of June, the prisoner came in and called for a glass of beer, and asked to sit down two or three minutes - she then went out - my sister sent me after her - I took her about twenty yards from the house - I said she had a glass of mine - she said, "Have I?" and she gave it me - she then said, she did it from want - I said that could not be, as she had 5s. in her hand.
CHARLES PENNY . The prisoner came to my house half an hour before - she sat down, and drank a glass of beer - when she was gone I missed my glass - the glass she took from my house, Mr. Mills found in his house.
GUILTY . Aged 25. - Confined One Month .
JAMES PARSONS . I am journeyman to Mr. Robert Barnes, floor-cloth painter , City-road . I was in the back shop, on 14th of June, between two and three o'clock - I looked towards the front, and saw the prisoner in the act of taking the piece of floor-cloth on his shoulder - he went out - I followed, and brought him back with it.
Prisoner. I was in the greatest distress.
GUILTY. Aged 35. - Recommended to mercy . - Confined Three Months .
1071. ELIZABETH WATMORE was indicted for stealing, on the 16th of June , 2 sheets, 4s.; 1 blanket, value 3s.; 1 curtain, value 4s.; 1 candlestick, value 1s.; and 1 saucepan, value 10s. , the goods of John Gray .
JOHN GRAY. I live in Harvey-street, Hoxton . My wife let the prisoner a back kitchen on the 12th of April, at 2s. 3d. a week - she paid tolerably well - she had a man with her who she said was her husband - they went by the name of Roberts - on the 16th of June, I missed this property from their room.
MARY FRY . On the 16th of June, I heard a terrible quarrel, and ran into the prosecutor's, while Mr. Gray was gone for an officer - the prisoner acknowledged she had taken a saucepan away to a friend's house in Hoxton, and promised to make it good on the 24th day of the month, and all the other articles.
ANN JAMES . On the 16th of June, a saucepan was missing - the prosecutor said the prisoner must have it - she at first denied it, but then said she took it to a friend's house, and she would return it on the 24th - the prosecutor then missed the other things.
Prisoner's Defence. I took the articles, but meant to get them again on the 24th - they knew I had pawned things before, and they were satisfied if I got them again - the prosecutor keeps houses of ill-fame at the West-end of the town, and that is how he got his money.
JOHN GRAY. I never allowed her to pawn any thing.
GUILTY . Aged 49. - Confined Six Months .
JAMES BRADSHAW . I keep the Cheshire Cheese, in Dean-street, Holborn. On the evening of the 26th of June, the prisoners came in about seven o'clock - I had not known them before - they and two other men brought seven pieces of timber to my yard - I said I would not have it there - I thought they had stolen it - they became very abusive - I went to get the policeman, as I was afraid of my life - they threatened to split my skull open - when I came back they were gone, and had taken three pieces of wood away.
Cross-examined by MR. STAMMERS. Q. Have you told us all that passed? A. Yes - I had not ordered any wood of the prisoners - I did not say that would not do for me, if they would bring me some thinner, I would give them some more beer - they had three pots of beer.
WILLIAM OLIVER. I am a builder . The prisoners were in my employ for three months - I was building two houses in Bedford-row - I received information and saw the timber which was left at the public-house - it was mine.
Cross-examined. Q. Have you any mark on it? A. No - I was with the man for two or three hours, and told him to put one piece in a particular place - that one I can swear to - it has a particular mortice at this end, and it has some slips nailed on it - it is a kind of door-post.
COURT. Q. How many pieces altogether did you lose? A. I suppose about fifty - one I can swear to - the other three I believe to be mine - they were taken from my pile at the back of those houses.
GEORGE MILLS . I am a horse-keeper to Mr. Turner. I live within five yards of this pile of timber - I saw Herrick take two pieces of timber from the pile - he carried them on his right shoulder.
Cross-examined. Q. Where did he take them to? A. I do not know, he took them from the Dog and Duck yard, from Mr. Oliver's pile - I suppose there were two hundred on the pile.
Cross-examined. Q. But they were employed by Mr. Oliver? A. I believe they were his labourers.
RICHARD BIRD . I saw Crowley come and knock at the gate at half-past six o'clock that evening - I asked if he had left his work - he said, "Yes" - I watched him up the Dog and Duck yard, and saw him take three pieces of timber - I told the beadle to follow him.
Cross-examined. Q. Where did you see him come from? A. From Mr. Oliver's premises - they were taken to the Cheshire Cheese, which is a quarter of a mile off.
Cross-examined. Q. How do you know it? A. I had picked out these three pieces to lay for joists for a floor - this part of a door-frame was standing in an old house, and I took it down.
Crowley. Every one of them have sworn false.
Herrick's Defence. I can take my oath I never touched a piece of timber - the last time we were at Hatton-garden Oliver could not swear to one of the pieces - that cove there said he saw my partner take the wood to the Cheshire Cheese, and I took it of him - I did not touch it.
CROWLEY - GUILTY . Aged 36.
HERRICK - GUILTY . Aged 45.
Transported for Seven Years .
DANIEL FORRESTER . I am a City officer. I was in Hanway-street, Oxford-street, at ten minutes before eight o'clock in the morning of the 12th of June - I saw the prisoner going towards Tottenham-court-road - he had a drab coat swung on his shoulder - I saw there was something heavy in it - I stopped him, and it was this piece of linen - I gave him to the policeman - he said he gave 2l. 10s. for it, to a man in Covent-garden.
RICHARD PASSEY (police-constable E 100). I received the prisoner in charge - I found on him a half-sovereign, and 3s. 2½d. - he refused to give his address; but said he bought the cloth, in Covent-garden market, of a hawker, at 2s. a yard - we inquired and found the owner.
Cross-examined by MR. DOANE. Q. Is there any mark on it? A. There is a private mark, which is my character for 3s. - this other mark is the factor's.
Prisoner's Defence. I bought it in Covent-garden market for 2l. 10s.
GEORGE WATERING . I am a labourer, and live at No. 11, Webb-square, Shoreditch. I was in Covent-garden market, and saw the prisoner purchase a piece of cloth very much like this - I was coming up, and heard the pedlar or hawker say, "Here take it with you" - the prisoner was coming away; he returned and took it, and paid 2l. 10s. for it - this was soon after seven o'clock on the morning of the 12th of June.
COURT. Q. What are you? A. I am kept as a labourer to go out with goods; my master is Mr. Turner, of No. 11, Webb-square - he works in the willow bonnet trade - I assist in the work - I go to work at all times; sometimes at three o'clock in the morning, sometimes at five or six - I sometimes go through Covent-garden to go to Hammersmith, and call on the customers - this was on a Thursday morning - I have known the prisoner all his life - I worked for his father - I did not meet him that morning by appointment - he is a smith - he worked for his father before he died, in Rotten-row, Old-street - he came to my master's, and did jobs - I think I had seen him on the 10th of June - I never saw him buy a piece of cloth before - there was no receipt given - he gave two sovereigns, and the rest in silver - he had some more silver, which he put into his pocket.
MR. CRISP. I gave 3s. a yard for this linen - the piece is worth 3l. 15s.
GUILTY . Aged 29. - Confined Six Months .
EDWARD BYAS. I am a baker . I was at the corner of Worship-street , between seven and eight o'clock on Monday evening, the 2nd of June - there was a crowd, and in passing through it, I felt a motion behind me, and missed my handkerchief - I saw the prisoner leaving the crowd, and as he was crossing the road, I saw some projection at his breast - I followed him about thirty yards, and saw him looking down into his jacket - he appeared to be doing something with his hand - I collared him, and found my handkerchief in his breast.
Prisoner's Defence. I picked it up, and was pulling it out of my pocket to see if I could find the owner.
GUILTY . Aged 16. - Confined for Three Months .
Prisoner's Defence. A man said I might have them.
GUILTY . Aged 38. - Transported for Seven Years .
ANDREW BEVER . I was at the public-house on the 10th of May. I saw the prisoner take the handkerchief out of the landlord's pocket, who was at the fire frying a bit of ham - the prisoner put it in his jacket pocket - he pulled out a blue handkerchief, and put on the top of it - he went away soon after, and was not taken till three o'clock the next day - it has not been found - I thought it might be a lark, and that he would bring it back.
NOT GUILTY .
OLD COURT. - Tuesday, July 8th.
Second Middlesex Jury, before Mr. Sergeant Arabin.
1077. JOHN BRIDGEN and THOMAS PAGE were indicted for feloniously breaking and entering the dwelling-house of John Mills , on the 23d of June , at St. Pancras , and stealing therein 1 waistcoat, value 3s.; 2 knives, value 6d.; 1 pair of tweezers, value 1d.; 1 tweezer-case, value 1d.; and 1 neckcloth, value 6d.; the goods of William Lloyd .
MR. LEE conducted the Prosecution.
ROBERT BUGDEN (policeman S 28). On the 23d of June, about ten o'clock at night, I was on duty in Euston-square, and saw the prisoners pass me - Page had a white hat - I watched them, and followed them a considerable distance, and then lost sight of them, about Seymour-place - in consequence of inquiry I made, I was induced to go to the residence of Mr. Mills - a spot was pointed out to me, which induced me to make inquiry at the prosecutor's - I made an arrangement there, and proceeded down the yard to the stable of Mr. Mills - when we got to the stable, I heard a cry of, "Here they are - run the other way, and stop them" - and immediately after I found Bridgen in the custody of Ashley, a policeman - he had no shoes on - I saw sufficient of Bridgen, when he passed me, to know him when I saw him in custody - as I took him to the station-house, his hat dropped off - it appeared to me intentional - I told Budd to take it up, and put it on his head, and in it I found a handkerchief, waistcoat, penknife, and tweezers - I searched him in the station-house, and found a waistcoat, a cravat, and these two penknives, on him - in consequence of information, I went to Robert Mews, Hampstead-road, about one o'clock that morning, and there took Page - as I took him to the station-house, I asked him when he had seen Bridgen - he told me he had not seen him since seven o'clock that evening - ten minutes or a quarter of an hour elapsed from my losing sight of them at the corner of Seymour-place, and taking Bridgen into custody at the stable - when I apprehended Page, a white hat was lying by the side of the bed - he was in bed at the time - I know the prosecutor's house is in the parish of St. Pancras.
WILLIAM JAMES BUDD (policeman S 123). About one o'clock on the night of the 23d of June, I recollect seeing the prisoners coming down Southampton-place, New-road, eight or nine hundred yards from Mr. Mills' premises - in consequence of information, I went and stationed myself within Mr. Mills' premises - I went to the room where the groom sleeps, and heard a noise above me - I cannot say whether it was more than one person - I ran into the bed-room, and saw the prisoner Bridgen getting out of the window, but I could not catch him - I hallooed out, "Stop thief, here they are," and saw him taken - I found the portmanteau produced, in the room cut open, and one leg of a pair of trowsers hanging out of it - two of the straps were cut through, and one nearly so - I was present when the property was found on Bridgen at the station-house.
JOHN ASHLEY (policeman S 5). I was passing down the road by Mr. Mills' premises - I saw Bridgen drop off the wall - I met him and stopped him - there might have been more than one person, and I not know it.
WILLIAM LLOYD. I am groom to Mr. John Mills, of Euston-square . I only went to my place on this day (23rd) - I had a sleeping-room over the stables, but I did not sleep there that night - I saw this portmanteau there - it was not cut then - it was packed up safe about four o'clock in the afternoon - this waistcoat and handkerchief, knives, tweezers and case, belong to me - I don't know how the persons got into the place - the doors were all fastened except a small window which this man got out of; that had been left open for air - when I went to the place the outer door was not locked; it was only latched - that is the garden door from the stable - my room is over the stable - there was no ladder found by the window - I think the thieves got in at the window.
COURT. Q. To get to the yard where the window is, must they have opened the stable door? A. Yes; and that door was on the latch - I had shut it about ten o'clock at night, or half-past.
BRIDGEN - GUILTY . Aged 23.
Transported for Life .
PAGE - NOT GUILTY .
1078. JAMES BROMLEY and JOHN GEORGE were indicted for feloniously assaulting Jacob Law , on the 30th of June , at St. Matthew, Bethnal-green , with intent his goods and monies from his person and against his will feloniously to steal .
2nd COUNT. For assaulting with intent to rob him.
JACOB LAW. I am a hatter , and carry on business in Sherwood-place, Church-street, Bethnal-green. I was in Church-street , on the 30th of June, at half-past eleven o'clock - I had been over the water on business, and was returning home very steadily - the two prisoners came behind me, and caught hold each of one arm - they
Cross-examined by MR. DOANE. Q. Did you lose any thing? A. No - I cannot say that the same person did not knock both Schofield and myself down, because there was a scuffle - the men were charged with attempting to rob me - the scuffle was directly after Schofield came up - I had charged them with attempting to rob me.
COURT. Q. They were perfect strangers to you - they came up - one held you, and the other put his hand in your pocket? A. Yes - Schofield came up; he was knocked down and myself too.
MR. DOANE. Q. You had charged them with attempting to rob you? A. I felt their hands in my pocket - I had not been drinking for five hours before - I am seventy years old, and had been nine miles that day - the prisoners pretended to see me home, and Schofield said he would see me home - I was perfectly sober.
Bromley. Q. How long was I out of your sight? A. Not at all, till you were taken.
JAMES SCHOFIELD . I am a cabinet-maker, and am a neighbour and tenant of Mr. Law's. I was accidentally in Church-street, with my wife - the prosecutor appeared perfectly sober - I saw the two prisoners holding him - I saw Bromley's hand in his left hand pocket - I was on the opposite side of the way - they had got him stuck up against the wall - I crossed over, and said, "Do you know these men?"- he said, "No" - I said, "I am going home, go with me"- we went along - the prisoners followed us - they went on with very abusive language - I said, "I will call the police"- Bromley crossed over in the middle of the road, and knocked me down twice - the prosecutor was knocked down, but I don't know who by - I called the police, and they were taken into custody.
Cross-examined. Q. They did not make off when you came up? A. No.
CHARLES SHIPPEY . I am a watchman. About a quarter after eleven o'clock I heard an unusual scuffling and noise, and saw the prosecutor retreating into the road in a defensive attitude, defending himself as well as he could - the two prisoners were about to close on him, and at that moment Schofield called out "Police!" - Bromley immediately ran to him, called him a b-b - , and knocked him down - at that same instant Schofield's wife came to her husband's assistance, and both the prisoners then set too on all parties, without discrimination, never minding who it was came in their way - Bromley knocked the prosecutor down - I sprang my rattle - Bromley immediately came and struck me on the jaw-bone - I seized him by the coat, held him till the police came up, and took him.
ELIZABETH SCHOFIELD . I am the wife of James Schofield - I was with him, and saw them fighting in the road - I called for the police - Bromley came and knocked me down twice - I was bruised in several places, and received several blows - they were beating me when somebody took them from me on the ground.
MARIA SCHOFIELD . I am the witness's sister-in-law. I was going down Church-street, and met him and his wife - in two or three minutes the prisoners came and took hold of his arm and insulted us; and in a few minutes we heard the cry of "Police." I turned round, and saw Bromley knock the prosecutor down in the road - we called, "Policeman!" - Bromley came over to us, knocked my sister-in-law down twice, and struck me on the arm.
CHARLES EAST . I am a policeman. I saw Bromley striking Mrs. Schofield when she was on the ground - I made towards them as quick as I could, and saw Bromley making towards the watchman, who sprung his rattle - Bromley struck him - I laid hold of him, and he struck me on the arm; and set too kicking me, saying, "You b-, if I had a knife I would rip your entrails out" - he appeared to have been drinking, but was sober enough to know what he was about.
Bromley's Defence. I was rather intoxicated. As to robbing the man, I had no intention of doing any thing of the kind. I did not shove my hand into his pocket, I am certain. I might have struck one or two of them, but I had no intention of robbery.
BROMLEY - GUILTY . Aged 24.
GEORGE - GUILTY . Aged 19.
Transported for Seven Years .
First London Jury, before Mr. Recorder.
1079. JOSEPH DENNY was indicted for stealing, on the 18th of June , at St. Dunstan-in-the-West , 1 purse, value 2s.; 1 necklace, value 2l.; 2 brooches, value 10s.; 2 rings, value 7s.; 1 watch, value 2l.; 1 scent-box, value 1s.; and 1 corkscrew, value 6d.; 1 £50 bank note; 1 £20 bank note; 8 £10 bank notes; 2 £5 bank notes; 1 bill of exchange, for payment of and value £30, of John Dicas , his master, in his dwelling-house ; and NORAH DENNY was indicted for feloniously receiving the said notes and bill of exchange, well knowing the same to have been stolen .
2nd COUNT. For feloniously receiving, harbouring, maintaining, cherishing, comforting, and assisting the said Joseph Denny, well knowing him to have committed the said felony.
Mr. Lee conducted the Prosecution.
ELWINA DICAS . I am the wife of John Dicas. Before the 18th of June I had a watch and some jewellery, and £160 in Bank of England notes, and a £30 bill of exchange, a pearl necklace, a pearl brooch, a garnet ring, and brooch, and the other articles mentioned in the indictment - on Tuesday, the 17th of June, between eight and nine o'clock in the evening, I saw them all safe - the male
JOHN FORRESTER . I am a City constable. In consequence of information, I went to Mr. Harris, a cornchandler, on Saffron-hill, to the first-floor room, and burst open the room-door, which was fastened - I found Joseph Denny there concealed between the mattress and the bed - I searched him, and on him found a bill of parcels - he had his coat off, but the rest of his things on - I do not know about his shoes - I then proceeded to search a box in the room, and in it found 115 sovereigns - and a 5l. note in a purse, 9s. and a watch - the prisoner asked what I wanted with him; I told him - he said he knew nothing at all about it in any way - The female prisoner was taken into custody, and brought to the compter while I was there - she was searched, and two keys found tied to her petticoat-string with a piece of ribbon, one of which unlocks the box the money was found in; I tried it, and the other key opened a small box which was shown to me at Mrs. Dicas's - I did not find any jewellery myself - the box in the prisoner's room was locked - I broke it open - I afterwards applied the key found on the female prisoner to it - it unlocked it - I have not a doubt of its being the key - I had broken the lock off, but not injured it so as to alter the wards.
Cross-examined by MR. BODKIN. Q. How long after you went to the room was it that the female prisoner was in custody? A. I should think an hour and a half, or an hour and a quarter - Harris gave her in charge - I saw her in a policeman's custody, who is not here - I did not show her the lock - I merely took the keys from her - she said,"What do you want with them?" - I said, "I shall take them" - she said, "Let me have one of them" - I said, "I can't now" - she did not say she had just received them from her son - she said the keys were hers when I took them from her - I left her to be searched more accurately by a woman - I found a new gown - here is the box - it is a common lock.
WILLIAM BARTON . I am a sergeant of the police. On the 20th of June, I searched the room occupied by Mrs. Denny - I have been on duty there the last four years, and know she resides there - I was present when the money was found - I went with Forrester to the station-house - I found this pocket-book, a pearl necklace, a pearl brooch, a gold ring, a garnet ring, and a snuff-box, in the box where the money was found - I also found a bill of exchange for 30l. - I was present when the female prisoner was brought to the compter - I found this bonnet in the room.
MR. BODKIN to JOHN FORRESTER. Q. Now the lock is opened, look at it, would not any key open it that would go into it? A. It is a common lock; any key which goes into it would turn it, certainly - the box the property was found in, was a kind of sea-chest - some of the male prisoner's clothes were in it, and there was some female apparel there - the property laid more at the top of the box than the bottom - the money was covered with some of the clothes - the new articles of dress which I found in it, laid at the top - the money and pearls were under the things which I produce - I found a new carpet-bag under the bed - these things were in the box, and there was a coat or two in it - the woman might certainly have opened the box, without seeing the jewellery and money in it.
COURT. Q. Did you find any key on the male prisoner to open the box? A. No.
FRANCIS CLEMMO . I live in Cranbourne-street, Leicester-square - on the 19th of June, I think it was, the two prisoners came to my shop, (looking at a cloak,) I believe this to be the cloak which they purchased - they paid for it with gold and silver - I exchanged a 10l. note for Mr. Applebee, my next-door neighbour, and gave him ten sovereigns for it- I have the note in my pocket - I took the ten sovereigns into Applebee's shop, and found the two prisoners in the shop - they had brought me the note without any address - I asked for an address, and the male prisoner wrote on it"Mr. Dicas, Falcon-court, Fleet-street."
Cross-examined. Q. Are you aware the woman cannot read or write? A. No; the lad wrote his master's name and address in her presence.
JAMES HARRIS . I am a corn-chandler - the female prisoner lodges at my house, in the room the officer searched - on the 19th of June she was behind hand in her rent 1l. 7s., which she paid me on the 19th - before that I believe she had been in very poor circumstances.
Cross-examined. Q. She had owed you as much as that before, and paid you? A. Not so much - she has owed me 15s., but did not pay that in one sum - she never paid me so large a sum before.
AMELIA MEDLER . I am shopwoman to Mr. Applebee, who keeps a straw bonnet shop in Cranbourne-street, Leicester-square. On the 19th of June, I have some recollection of seeing both the prisoners at the shop - they bought a bonnet, which I tried on the female prisoner, and some feathers, which came to 2s. 6d.; altogether, £1 5s. 6d. - I have every reason to believe this is the bonnet - they gave me a £10 note, which I took to Clemmo, for change - when they produced the note, I was joking the young man, and asking him if he had not come from sea, as most generous young men come from sea - the mother said, he had not been to sea.
COURT. Q. Who paid you the £10 note, the man or woman? A. The man - but he handed it to me before his mother.
JOSEPH SAVAGE . I am a pay clerk in the Bank of England. I have a £50 bank note, which I recollect being presented for payment, on Thursday, the 19th of June, very early in the morning - I do not recollect who by, whether it was by a male or female - the person wrote an address on the note.
JOHN KEMPSTER . I am a clerk in the Bank of England - I produce a twenty-pound note, and two ten-pound notes, which were paid into the Bank - the twenty-pound on the 19th of June, for which I gave twenty sovereigns - the other two came into the bank, the one through Hoares, and the other through Dixons - I do not recollect who gave me the twenty-pound note - I believe it was a female - an address and name was on it at the time; but it being in a place that would be punched out, I asked the person the address, and I wrote on it, by her direction, "5, Charles-street, Hatton-garden."
Cross-examined. Q. You do not remember whether it was a male or a female? A. I believe it to be a female, because I remember she would enter into some conversation with me, which I wished to avoid - I recollect it was a woman, but cannot recollect her person - "Norah Denny" being on the note, of course it was a woman - if a man gave me a note, with "Norah Denny" on it, I should certainly notice it- I recollect her telling me she had saved it in service.
WILLIAM MONK . I live in Farringdon-street. On the 30th of May, I received a twenty-pound note and a five-pound note from Messrs. Hankey's, the bankers - I paid them to Mr. Dicas on the 31st of May - I also gave him this bill of exchange - it has my endorsement.
WALTER WHITE . I am cashier to Messrs. Hankey, bankers. On the 30th of May, I cashed a cheque for twenty-five pounds, drawn by J. L. Jones and Son - I gave a twenty-pound note for it, No. 17085, dated 30th of April - (looking at a twenty pound note) this is the note.
JOSEPH DENNY to JANES HARRIS. Q. I paid you the rent myself? A. Yes; you gave me a sovereign and a half-sovereign, and I gave you three shillings back.
Cross-examined by Mr. BODKIN. Q. You swore the woman paid it? A. They were both there - she gave the order to the son, to pay it to me.
JURY. Q. By whom was the room taken of you? A. By the mother, in August last - she was present when the money was paid - I did not see where the boy got the money from - I do not know on what day he came - I saw him there on the Thursday, and Wednesday, the 17th and 18th of June, and on the morning of the 19th they paid me - I do not know at what time he came on the 18th.
JOHN DICAS (looking at the £50, £20, and £10 notes). There was no endorsement on the notes when I received them - the words, "Norah Denny," I believe to be the handwriting of the male prisoner, and the endorsement on the other two notes also - I believe them all to be his handwriting - there is £40 short of the money I lost - the whole house is in my occupation.
Cross-examined. Q. How long had he been in your service? A. About eight months - he was as good a servant as I ever had - I have occasionally sent him to change me notes (£10 notes), but not so large as £20 - I always sent him to the grocers, North, Graham, and Co., Fleet-street.
JURY. Q. Were you in the habit of sending him to the Bank for change? A. Never.
COURT. Q. Was the female prisoner aware that her son was in your service? A. Yes: I saw her at my house on the Saturday previous to the 14th - I heard a knock at the door late in the evening, and it was her bringing home his clothes which she had to wash - he had asked me to advance him half-a-sovereign to give to his mother who was in great distress - his wages were £5 a year, and I was to give him clothes at the end of six months, which I did - his mother was certainly aware that he was in no condition to earn £10, or £20.
Joseph Denny to WILLIAMSON. Q. You left me in the house when you went out? A. Yes; when I left for good I left you up stairs.
MRS. DICAS re-examined. This jewellery is all mine, except this seal and key, which I know nothing of - this is my daughter's purse, she knit it - this watch belongs to a young lady who has left us for France.
Joseph Denny to JOHN DICAS, jun. Q. Used not you to take me out with you of a night to singing places, and places of amusement, when master and mistress were gone to bed? A. Never - I did not take you to a house of ill-fame in Bell-court, and treat you. The prisoner behaved very attentive to me when I was ill - he would come up two or thee times a night to me.
MR. DICAS re-examined. I had a good character with him, and he conducted himself well.(Three persons gave the female prisoner a good character.)
JOSEPH DENNY - GUILTY . - Aged 15. - Transported for Life .
NORAH DENNY - GUILTY . - Aged 45. - Transported for Fourteen Years .
1080. THOMAS WOOD was indicted for stealing, on the 30th of June , 56 lbs. of sugar, value 24s., the goods of Benjamin Kent , his master ; to which he pleaded GUILTY . - Recommended to mercy by the Prosecutor.
Confined One Month .
1081. AUGUSTUS MANUEL GOUGENHEIN and SAMUEL THWAITES were indicted for that they, on the 28th of June , in and upon Robert Hughes , unlawfully, maliciously, and feloniously did make an assault, and feloniously, &c., did stab, cut, and wound him in and upon his left thigh and head, with intent feloniously, wilfully, and of their malice aforethought, to kill and murder him .
2nd COUNT. With intent to disable him.
3rd COUNT. With intent to do him some grievous bodily harm.
The offence in question occurred in the resistance of a seizure for rent. Mr. Adolphus, on the part of the prosecution, not being able to prove the legality of the seizure, withdrew from the prosecution. NOT GUILTY .
JAMES WALKER was indicted for a misdemeanour .
Mr. ELLIS conducted the Prosecution.
JOHN BURT . I keep the Bear and Ragged Staff tap, West Smithfield - I saw the prisoner on the 31st of May , about seven or eight o'clock in the evening, in the tap-room - he called for a pint of beer - I served him - he offered a shilling in payment - I put it in the till and gave him change - there was no other shilling in the till at that time - he drank his beer and went away - about five minutes afterwards, I went to give change for a sixpence, and saw the shilling he had given me there, and no other - nobody had been to the till, because I was in the place all the time - I noticed that it was bad - I took it out and put it into a box to secure it. On the 7th of June I took it from the box and gave it to Brown, the officer - I saw the prisoner again, on Saturday, the 7th of June (both days were Saturday,) about seven or eight o'clock - I saw him in the tap-room again, he called for a pint of beer - my wife served him - he offered another shilling - as soon as he threw it on the table, I said it was a bad one. My wife took it up, and said it was a good one - I ordered her to give it to me, which she did - I knew the prisoner to be the man who had given me the bad one before, when he came in - I sent for a constable, who took him into custody, and I gave him both the shillings.
ANN BURT . I am the wife of John Burt. I saw the prisoner on the first occasion, and knew him when he came on the 7th - he called for a pint of beer which I served him with - he threw down a shilling - my husband said it was bad - I took it up and gave it to my husband directly- it was the one the prisoner had uttered.
JONATHAN BROWN . I am a City patrol. I apprehended the prisoner, and received a shilling from Mr. Burt, on Saturday, the 7th of June, and then he gave me another shilling - I marked them both, and have had them ever since - I searched the prisoner, but found nothing on him but a farthing.
JOHN FIELD . I am inspector of counterfeit coin to his Majesty's Mint - I have been so a great number of years. I have examined the shillings; they are both counterfeit - they are alike in all respects, both cast from a mould which was made from a genuine shilling; there are marks about the shillings which show they have been made from the same mould - there is a particular defect in the figure 8.
Prisoner's Defence. I did not know it was a bad one - I never was in the man's house before the night I was taken.
GUILTY . - Confined Six Months .
HENRY CHURCHILL LOVEGROVE . I keep the Golden Ball, King-street, Snow-hill . On Wednesday, the 25th of June , between nine and eleven o'clock at night, the prisoner came to my bar and asked for a pot of porter, which came to 4d. - I served him, and gave him 4s. 8d. in change - he gave me a crown-piece - he went away with the beer and change - I put the crown into the till - I went into the cellar, leaving my sister in charge of the bar - when I returned, she called my attention to the bad crown in the till - I saw the prisoner immediately; he came into the house, within an hour of his uttering the crown to me - I had seen him several times in the house that day - he came in while my attention was called to the first crown, and called for a quartern of gin, which came to 4d. - I knew him - he tendered another crown, which my sister took up- she bit it, and told him it was a bad one - he said, "I took it in change for half-a-sovereign, at the Red Cow" - she gave it to me - I sent for an officer, and gave him in charge- I gave the crown back to the prisoner, for him to see that it was bad - he bit it, and gave it to the constable himself - I gave Turnbull the first crown he paid me, which I took out of the till - there was no other crown in the till, nor had there been all the evening.
MATILDA HARRIET TYLER . I am the prosecutor's sister. I was attending the bar on the 25th of June - I looked into the till and saw a bad crown-piece - my brother was gone into the cellar - when he came up, I showed it to him, and while I was telling him of it, the prisoner came and called for some liquor, he laid down a crown-piece, which I took up and gave to my brother - I bit it before I parted with it.
Prisoner. I called for nothing of you. Witness. I was standing there - I said, "The crown is a bad one," and asked how you came to offer it - you said you had taken it at the Red Cow for half-a-sovereign - I do not know whether he used the house, for I had only been there one day.
THOMAS STALIAN . I am a watchman. I apprehended the prisoner - I said, "Where is the crown-piece?" - he said, "Here it is," and gave it to me - I kept it in my hand till I got to the watch-house, when I gave it to Turnbull - I am sure I gave him the same.
JAMES TURNBULL . I am a police-constable. I received from Stalian a crown-piece, which I produce; I have had it ever since - Lovegrove gave me another crown-piece, which I produce - I searched the prisoner and found 2d. on him.
MATILDA HARRIET TYLER re-examined. This is the crown which I bit.
Prisoner's Defence. I am perfectly innocent. I used the house some years. I had only one crown in my possession that night, which I gave to the lady for a quartern of gin; I had paid all the small money I had before for what I had. When he said the crown was bad, I took it and looked at it, and saw it was bad - any person in London is liable to have bad money. I was not at all conscious of its being bad. When they said it was bad, I borrowed money from a person in there to pay for the liquor. I had no intention to run away; I stopped there till the watchman came.
HENRY CHURCHILL LOVEGROVE re-examined. I am quite certain he gave me the first crown-piece - I only went into the house the day before - I did not know him previous, only from seeing him backwards and forwards for the two days.
GUILTY . - Confined Twelve Months .
1086. SOLOMON NATHAN was indicted for feloniously breaking and entering the dwelling-house of James McKinly , on the 8th of March , at Christchurch, and stealing therein; 33 yards of silk, value 7l. 10s., the goods of Elkan Hyman and 20 yards of satin, value 4l. 10s., and 2blankets, value 7s., the goods of Levien Morris .
MR. PHILLIPS. conducted the Prosecution.
ELKAN HYMAN. I am a journeyman silkweaver , and live at No. 6, Gibraltar-walk, Bethnal-green. I am employed by Mr. Moore, of Milk-street, Cheapside - on Saturday, the 8th of March, I lived at No. 47, Brick-lane, Spitalfields , in the attic - Levien Morris lived with me - I am a Jew - I left home that morning about eleven o'clock, locked my door, and left the key in an empty room - Morris went out before me - I returned about seven o'clock - I sat with my landlady down stairs for some time - I found the key of my room where I had left it - I went up to my room, and found the door burst open, and my work stolen - two looms work were cut out, and taken away - it was in a finished state; and five yards finished remained in the loom still - I missed from my loom about thirty-six yards of black silk, worth about 9l. - Morris and I jointly pay for the room - the landlord lives in the house - his name is James McKinly - Morris had some silk stolen from his loom - I should know my silk again.
COURT. Q. Can you go from your landlord's room to yours up the common stairs? A. No; it is a coffee-shop; there is one door leads into the coffee-shop, but we enter at the second door at the left of the stairs - there are other lodgers - the landlord's room is on the ground floor - there is only one staircase to the house, and only one door.
LEVIEN MORRIS. I lived in March last in the same garret with Hyman - I went out between seven and eight o'clock in the morning, and left my work safe - I returned about eleven - I left Hyman behind - I was working at green satin - when I came back, I missed twenty yards of it - it appeared cut off the loom - I should know it again - the value of it would be 4s. 9d., per yard - the house is in the parish of Spitalfields, I believe.
Cross-examined by Mr. CLARKSON. Q. Had you a young lad, in the service of Mr. Moore, who has lately been discharged? A. No; not in Mr. Moore's service - there was a young man living with us for about three months, but he left three months before - I never said I knew who it was that cut away the silk - we had the young man up on suspicion - I said I suspected he would do so - we had a witness at Worship-street to prove that he had threatened it.
MR. PHILLIPS. Q. Did you hear him threaten any thing? A. No; I said I had reason to suspect him, because I was told what he had said - the boy's name is Lyons - he is not here - the magistrate discharged him.
MARY BOSTON . I live in Booth-street. On the day the silk was stolen, I was in the employment of Mr. Moore, to wind quills - I went to the prosecutor's house, about two o'clock, on the 8th of March - they were not at home - the key was kept in the cupboard, on the second floor - I went into their room, and their work was all safe then - I remained there until about a quarter after three - I fastened the door - I double-locked it, and tried it, to see that it was fast - I put the key where I found it.
Cross-examined. Q. Do you know Lyons? A. I never saw him, to my knowledge - I know Morris and Hyman - I never heard them say they knew who cut away the silk.
MR. CLARKSON to E. HYMAN. Q. Have you ever said, you knew, or suspected, who cut away the silk; because, when the boy went away, he said he would serve his master out? A. He never said so to me - directly the silk was cut, I gave him in charge, on suspicion - I suspected him, or I should not have given him in charge.
SAMUEL MILTON (police-constable H 27). On the 8th of March, in consequence of information, I went to the attic-of this house - I found two looms - some green silk laid on the floor - some appeared to be cut away from it - I examined the door - it appeared to be broken open by a chisel or crow-bar - I found a chisel in the room, which corresponded with the marks on the door - I have been looking for the prisoner ever since about the middle of March, till the was apprehended - I knew where he lived, and went to his house several times, but in vain.
CATHERINE LAZARUS . I live with my brother Joseph, in Palmer-street, Spitalfields. I remember seeing the prisoner there about the 13th of March, between seven and eight o'clock in the morning - I showed him into the parlour - my brother was not up - I called him, and left him and the prisoner together in the parlour - I had occasion to go through the parlour while they were there, and saw two pieces of silk lying on the table - a piece of black and a piece of green.
JOSEPH LAZARUS . I am the brother of Catherine Lazarus. On Thursday, the 13th of March, the prisoner came to my house, and showed me two pieces of silk, and asked me if I could sell them - they were green and black, to the best of my recollection - I am in the habit of selling goods for him - I sold them both to Mr. Samuel, and paid the prisoner the money - I sold them for 7l. 5s. 9d., but received only 7l. 5s. 6d. - I gave the prisoner 7l. - I went, by desire of the officers, to look for the prisoner - I was uneasy on account of my character, when I found it was stolen - I went to the prisoner's house with the officers, but could not find him - I have looked for him in vain till the officers found him.
COURT. Q. When did you first go to look for him? A. On the Thursday I bought the property, and on Monday it was delivered up to Mr. Hart, and I went to look for the soner.
Cross-examined by MR. DOANE. Q. Who did you sell the silk to? A. Mr. Samuel, who sells linen-drapery - he lives in Mansel-street - I had known him a long time, and had several dealings with him.
Q. Did he ever get into trouble in consequence of his dealings? A. I am not bound to answer that question - I never got into trouble.
MOSES SAMUEL . I lives in Mansel-street, Goodman's-fields, and am in the general way. On the 13th of March, I bought twenty yards of green silk, and thirty-three-yards of black, of Joseph Lazarus, and gave him 2s. 9d. a yard - it came to 7l. 5s. 9d. - I have his invoice in my pocket - I paid the whole of the 7l. 5s. 9d. exactly - on the very same
Cross-examined by MR. CLARKSON. Q. How many Sessions ago had I the pleasure of seeing you? A. About seventeen months ago it is since I was imposed upon by the very man at the bar, through his son - and I believe you were counsel in the case - it was tried before his Lordship - I admit it - I have no reason to be ashamed of it - I was tried in the New Court - it was an unfortunate event, which I am not ashamed of, being an innocent man - I was not acquitted - Mr. Bodkin defended me - I was sentenced to six months in the House of Correction, but, in consequence of my previous character, I was liberated after five-weeks - previous to that, I was secretary and founder of a charitable institution, and have retained it since - my friends are convinced I am innocent, and was most unjustly convicted.
COURT. Q. Was it a charge of stealing, some handkerchiefs, where the patterns were not complete? A. Yes, it was - they were sold with the maker's name on them.
MR. CLARKSON. Q. Do not you think it unfortunate that you should purchase stolen silks in so short a time afterwards? A. Undoubtedly; but there are events in a man's life over which he has no control - I used every caution, and bought them of a respectable man - the goods came to 7l. 5s. 9d., and I paid Lazarus the full amount - I have some of the satin here - I should think 2s. 9d. a yard is a fair price for it - it is not worth 4s. or 5s. in the job trade - the job trade is goods which come into hands from the decline of the season, and various modes - I do not exactly recollect how I paid the silver to Lazarus - it the 9d. was paid at all, it was in pence - I paid the whole of it- on my solemn oath I paid Lazarus 7l. 5s. 9d. - I did not keep back any portion of it, to my recollection - not a penny- I will not swear positively as to the pence - I paid the pence, to the best of my recollection - I believe 2s. 9d. to be a fair price - I have dealt in silks some years - Lazarus said it came out of pledge - that was in consequence of my remarking to him, that the silk was out of condition - it was rather tumbled, which is not uncommon in job goods - I certainly will swear it is not worth 4s. a yard - I sold it for 3s. - the person is not here who bought it of me - I sold it to a casual customer.
Q. Do you keep an open silk mercer's shop? A. Yes; it is a shop consisting of two front windows - it was a parlour originally, but is converted into a shop - there is no shop window - goods are in the window - there is no name over the door - the door which leads to the shop is open by day - the street door is not shut, it many be occasionally - I swear there are goods in the window, and have been for years - there is a counter - the things in the window can be seen outside - I place sometimes ribbons, sometimes handkerchiefs and flannel in the windows - the door is not open at night, to my knowledge - if it is, it is not with my permission - the outer door is left open during the day for customers to come into the shop - I have got no light in the passage.
Q. You sold fourteen yards of the silk - what became of the rest? A. It was packed up and taken to Mr. Hart - I make no entry of what I sell - I keep an invoice book for all goods which I buy - I do not keep an account of sales - Mrs. Samuels was by when I sold it.
MR. PHILLIPS. Q. Whether you keep an entry or not, are you sure the silk you got from Lazarus was the same silk you gave up to Mr. Hart? A. It was.
JOSEPH LAZARUS re-examined. Q. Did you represent to Samuel that the silks came out of pledge? A. I told him the party who sold it to me told me it came out of pledge, which the prisoner did.
JOSEPH SAMUEL re-examined. Mr. Hart called at my house to inquire after the silk, and produced the patterns, and said, "Have you any like this?" - I said, "Yes," here it is, and gave it to him.
THOMAS VANN . I am a constable of Worship-street.Mr. Westmacott has the parcel, I received it, and delivered it to Mr. Moore - here are six yards and a half of green, and thirty-two and a quarter of black - the house is in the parish of Christchurch, Spitalfields.
THOMAS WESTMACOTT . I superintend Mr. Moore's silk manufactory - I produce the silk which I got from Vann - it is worth 4s. 6d. a yard - when taken from the loom it would be in a rough state, but the value of the material by the weight and quality is 4s. 6d.
Cross-examined by MR. CLARKSON. Q. Look at the green silk, if that was in a state for sale, what would it be sold at per yard to the public? A. 5s.
Q. Is 2s. 9d. any thing like a fair price? A. It depends on the condition it is in - I should not like to send it out of our establishment in that state - any dealer that understands his business, would see that is not fit for sale.
ELKAN HYMAN re-examined. This black silk is mine - I know it by the general appearance of the work, and I have a particular mark to the selvidge - it is the same quality of silk as that taken out of our loom.
Cross-examined by MR. DOANE. Q. Do not you have that particular mark on all the silk you work on? A. No- it was through a mistake made in the entering.
LEVIEN MORRIS re-examined. This green silk is the same quality as that taken from my loom - I know the work by the general appearance - I can tell my own work- it corresponds with what was left behind.
Cross-examined by MR. CLARKSON. Q. Is it the same silk as you went before the magistrate about, and charged the boy with stealing? A. Of course.
THOMAS WESTMACOTT re-examined. I believe this to be my master's silk - there is a general appearance about the silk the witnesses manufacture.
Witness for the Defence.
EDWARD PORTER . I am a linen-draper, and live in Regent-place, Globe-road, Mile-end. I have known the prisoner between three and four years - on Monday, the 2nd or 3rd of March I went with him to Hitchin, in Hertfordshire - we slept there on Monday evening, attended the market on Tuesday, and left Hitchin on Tuesday evening - we went to Dunstable, slept there on Tuesday, attended the market on
MR. PHILLIPS. Q. You came home on the 9th? A. We came home on Monday, the 9th of 10th - yes, I can tell, for my birth-day was on the 7th - that was on Friday- I remember now from that particular circumstance - I have known Mr. Nathan, having seen him at his brother's often - I am not particularly intimate with him - we did not sleep in the same room together - we had never gone journeys together before, nor since - there was no companion with us; but we met an individual whom we both knew, both at Hitchin and Dunstable - I gave my testimony to the solicitor in this case - I did not give him the name of any individual who I met - I believe I saw Nathan again on Wednesday, the 12th, at his house, No. 6, Greenfield-street, Whitechapel-road - I went to him on business - he sells handkerchiefs - I never saw him sell silks - we took silk handkerchiefs, ribbons, and lace down with us - he did not deal in silk - he was a general dealer - he has not shop- there is a room you may call a shop, but it is a private house - things hang up in the window - I never saw silks there - I never saw him since this Wednesday that I know of- I may have seen him, but have forgotten it - I have been at his brother's many times - I cannot tell whether on any of those times I have seen him - I may have seen him - I cannot swear whether I have seen him at his brother's since or not - I saw him on the 12th at his own house - I cannot swear that he has been out of the way, but I have heard that he has been in the country - I had been at his house I think about a week before I took the journey with him - I never went to his house before that once - it was at his brother's that we made up our journey together - his brother is here - I had seen him at his brother's about a month before we made up the journey, or it might have been a week - I cannot tell whether his brother was present- some individuals were present - I cannot tell who - if I recollect correctly, one of Henry Nathan's sons was present - I know somebody was present, and one of the sons, but which I cannot swear - some of the sons are invariably in the shop - it was in the shop we made up the journey - there was not half a dozen people present - there might have been customers in the shop - we intended to be out in the country for a month, but the prisoner, at the time he was staying at St. Alban's, was rather queer in the head - I persuaded him to return home - I cannot swear whether his brother was present when I agreed to travel with him- it was between nine and two o'clock that we made the agreement - I have been in the habit of going to his house four or five times a week, and cannot speak to the hour more correctly - we slept at the Red Lion at St. Alban's - I think the landlord's name is Dalton or Salton - we slept up stairs in the first pair - the Red Lion is at the corner of the road leading to Dunstable - I think we slept at the Black Horse at Dunstable - the landlord's name is Holmes- I did not give his name to the solicitor, for I was not asked - I never knew of this till last Saturday - I do not know but somebody may be here who saw us in the country.
MR. CLARKSON. A. Are you quite sure that from Monday the 3d to the 10th, he was travelling with you to Hitchin and other places? A. Yes.
GUILTY . Aged 44. - Transported for Life .
See page 554.
AZARIAH LLOYD. I live in Shepherd-street, Golden-square. On the 3d of July I had been drinking rather freely with my friends, in Jermyn-street, at the Harp Tavern- I left there about a quarter before one o'clock in the morning- I went up the Haymarket , to return home - the prisoner accosted me, and walked with me up Windmill-street - I was very much intoxicated, and know nothing further than that I missed my watch, and met a policeman - the property was found on the prisoner - I have no recollection of what passed.
HENRY LOWMAN (police-constable C 60). I apprehended the prisoner in Regent-street; she was not with the prosecutor - I had received information from him, and took her from his description, having seen her in the street - I said, "Have you got that man's watch?" - she said, "Yes, I have"- I said, "Give it me" - she said, "I will not" - I took a bag out of her hand, and on opening it, at the station-house, I found the watch - she said he had given it to her - I also found a sovereign, three sixpences, and two half-pence on her - the prosecutor was asked if he had lost any money - he put his hand into his pocket, and said he had lost a sovereign, and, he thought, about half-a-crown - the prisoner, said, he gave her the watch, but a gentleman gave her the money.
A. LLOYD re-examined. I am satisfied I could not have given her the watch, because I would not part with it for 5l. - I missed it directly I parted, from her - I will swear I did not give it her - I kept my money in my left hand pocket - I can undertake to say, I did not give her the money - I know what money I had when I left the tavern; and missing my watch rather sobered me; I directly complained to the policeman.
Prisoner. Q. Did not you give me the watch, and say, "Come up here with me, I have no money to give you, here is my watch?" A. I do not believe I did - I will swear I did not.
H. LOWMAN re-examined. She told me she had got the watch directly I asked her, and at the station-house she said he gave it to her - here is a half-penny, with five holes in it, I found on her.
A. LLOYD re-examined. I can swear to that half-penny and sixpence.
NOT GUILTY .
First London Jury, before Mr. Common Sergeant.
NOT GUILTY .
Fourth Middlesex Jury, before Mr. Common Sergeant.
JAMES KEMP. I live in Cleveland-street, Marylebone - I am a licensed retailer of beer - on the 25th of June, about one o'clock, I received information, and looked into my first-floor front room - the door was unlocked, and the key nearly pushed out - I had locked it - I missed my coat, which had been hanging behind my door - this is it - I had seen it safe ten minutes before.
CAROLINE BIRTLES . I lodge with my father and mother at the prosecutor's - about one o'clock, I heard a knock at the door - I went and saw Chapman - he said he wanted a person in the second-floor front room - I said they did not live there then - he said never mind; the persons who lived there then would do - he went up - I told my mother, and we both looked out, and saw him go out with a bundle - he had no bundle when he came in.
Chapman. I had my tools in my apron. Witness. No, he had nothing.
MARY BIRTLES . I am the witnesses's mother - I looked out of the window, and saw Chapman go out with a bundle in an apron under his arm - I followed him to Mr. Brickle's, the pawnbroker - I pushed the door open, and saw Chapman and another person who, I suppose, was Greenwood - I asked the pawnbroker if the coat was there - he said it was- I tried to seize Chapman, but he got from me - I went with the officer to his lodgings, and he was taken.
THOMAS HEALEY . I am shopman to Mr. Brickle, a pawnbroker - about half-past one o'clock, the prisoners came with this coat - Greenwood asked 1l. on it - whilst I was looking at it, there was a cry, "He has stolen the coat" - Greenwood ran out - I ran to the door, and caught him - he broke from me, but the mob followed him - no one took any notice of Chapman, and he walked home, but I knew where he lived, and I sent and took him.
Chapman's Defence. I was in the habit of going to Mr. Cartwright, who used to live there - I had my tools in my apron.
Greenwood's Defence. I met Chapman - I went with him to several places, and he asked me to pawn the coat for him.
CHAPMAN - GUILTY . Aged 32.
Confined One Year .
GREENWOOD - NOT GUILTY .
1090. ELIZABETH RUSSELL was indicted for feloniously receiving, on the 27th of June , 5 pair of socks, value 1s. 3d; 2 pair of stockings, value 6d.; and 2 petticoats, value 1s. 3d., the goods of Abraham Stillwell , which had lately before been stolen ; against the Statute.
ELIZABETH STILLWELL . I am the wife of Abraham Stillwell - we live in Little Ormond-yard - I sent my daughter to sell some rags once, but never to sell any socks, or stockings, or petticoats - I missed a great many articles at different times - these are some of them.
ELIZABETH STILLWELL, Jun. I am the prosecutrix's daughter - I took the all these articles to the prisoner's, at different times - I took them from my mother - I asked the prisoner if she would buy them; she said yes, and as many more as I pleased - she keeps a shop in Liquor Pond-street, and buys all sorts of things - I went there twelve or thirteen times - she gave me one penny a pair for these socks, and two-pence or three-pence a piece for these flannel petticoats.
Cross-examined by MR. PHILLIPS. Q. How came you first to go to the woman's? A. My mother first sent me to sell some rags - I did not tell her that my mother had sent these socks, as they were very moth-eaten - the prisoner said they were moth-eaten - I said I knew it - I do not know why - the prisoner did not give me 2d. a pair for these socks, only 1d. - I am fourteen years old - my eldest brother is ten or eleven - he went to the prisoner's shop also - I do not know how he came to go there - I did not think whether I was doing any harm - I bought cakes with the money - I have not been to any other shop but the prisoner's to sell things - she lives nearly half-a-mile from my mother's - I do not know that there is such a shop as the prisoner's nearer to my mother's - my mother did not tell me what shop to go to, when I took the rags to sell.
WILLIAM BAKER ASHTON (police-serjeant G 11). I went to the prisoner, and asked if she had ever bought any thing of this girl - she said, "No" - I found these things there, and took her to Hatton-garden - she then said she had bought some socks of this girl.
ELIZABETH STILLWELL. I had been to the prisoner's shop the day before, and saw a flannel-petticoat and a pincloth outside the door.
Cross-examined. Q. Were they not publicity exposed? A. Yes - the pin-cloth has been sold - I send my little boy out on errands - I do not know how he found his way to the prisoner's - I never sent him there, nor this girl either - these petticoats are worth 6d. or 1s. a-piece - I sent this girl to sell the rags about Christmas - I never sent the boy.
Prisoner's Defence. The girl said her mother had got several moths in the house, as her father was a smith, and her mother thought she had better dispose of them - I put them up for sale every day - I gave the girl 6d. or 8d. a-piece for the petticoats, and 2d. a pair for the socks.
NOT GUILTY .
WILLIAM SAWYER. I live in Pearson-street, Kingsland-road . On the 28th of May, I had a cart in a shed - it was safe at half-past eight o'clock in the evening; and the next morning the staple of the gate was drawn, and the cart was gone - I received information, and went to Gosport - I saw my cart by the market-place there - I saw the prisoner there the next day - I had known him before as living in my neighbourhood - he said, "What are you up to?" - I said, "I am come after my cart" - he said, "Is that your cart? if I had known that, you should have had it, and the horse too" - my cart was worth 10l.
Cross-examined by MR. PHILLIPS. Q. What day of the
JOHN STROUD . I am constable of Gosport. About the 6th of June, I saw the cart by the side of the market - I saw a description of it in the Hue-and-cry, and wrote a letter to London - I took the prisoner at the Northumberland Arms - I told him I wanted him respecting a cart that I suspected was stolen - he said if that was all, he bought it and paid for it, and gave 6l. 5s. for it - he said he bought it in London - I do not think he said of whom.
ROBERT AYMER . I am a corn-dealer, and live at Gosport. I have known the prisoner about three months - he came to Gosport to me on Saturday evening, the 31st of May - he informed me he had left a horse and cart at my stable, and wished me to keep it till he had sold it - on the next morning he showed me the cart - it was the same that Sawyer saw - the prisoner said he had bought it for his son in London; but he had several others, and he should not want it; and he should sell the horse with it in a day or two - he asked me if I would buy it - I said it was too heavy for my work; I would not have it - he then asked me if I would allow my name to be chalked on it to be sold, and to inquire of me - I told him he might if he pleased; and it was put on - I was to ask 10l. for it.
Cross-examined. Q. There was nothing like concealment about it? A. No - it was a narrow-wheeled cart.
WILLIAM HOLLAND (police-constable N 146). I went to Gosport, and took the prisoner - in coming to town he told me he bought the cart at the back of Bedlam; and in another part of the road, he said the bought it at Hoxton - on the 29th of May, when the cart was stolen, I was employed to trace it - I found the track of a wheel in a direction towards the prisoner's house in Hoxton - I have known him for years - I believe he was not there then.
Cross-examined. Q. Was it not a public road? A. Yes; but it had been newly gravelled - there were other tracks on it.
Witness for the Defence.
JOHN SHEARING . I get my living by putting the penal statutes in force. On the 29th of May, I went into a public-house, near Vauxhall-gate, to have a pint of beer, between eleven and twelve o'clock in the morning - I saw the prisoner there - I have known him some years - he was sitting at a table with another man - I saw the prisoner give the man six sovereigns, and he went to the bar and came in again and put down two half-crowns on the table- they then shook hands, and the prisoner said, "Now it is my cart" - I saw a piece of paper on the table, and a pen and ink - I should not know the paper again - it was a similar paper to this one - I considered it to be a receipt.
COURT. Q. Where had you come from that morning? A. From my own house in the Borough - I was going down the Wandsworth-road to look after stage coaches - it was the first public-house on the right after you get through the Vauxhall-gate - there were two or three persons there - I did not see the landlord - I saw a female, whom I took to be the servant - the prisoner with the other men were sitting on the right-hand - I said to him, "Jemmy, there you are" - he said, "Very well" or "All right" - I did not go before the magistrate - the prisoner's son came to me on sunday morning last - I had no one with me at that time- I do not take a witness with me - I am the witness my - self - I was going to look after coaches, or any thing else - I do not know what change the prisoner went for, but he brought in two half-crowns, and put them on the table.
COURT to R. AYMER. Q. When you saw the cart at Gosport, what name was on it? A."George Porter, Hoxton, Middlesex, No. 2728," was on the plate.
WILLIAM SAWYER. There was no plate on it when I lost it - I had taken my board off to have it fresh painted.
NOT GUILTY .
EDWARD PORTER . I was in the service of Mr. William Galliers - he lives in Shoreditch . On the 24th of June, I saw the prisoner and two other girls - I pursued them - the prisoner turned down a court, and I took her with this twenty-eight yards of print on her person - it is Mr. Galliers', and had been hanging on a rail at his door.
Prisoner. I had the print, but two young girls threw it on me - I was not near the shop. Witness. I saw her about the shop an hour before, and saw the other two girls speaking to her.
GUILTY . Aged 17. - Transported for Seven Years .
MR. DOANE conducted the Prosecution.
RICHARD HILL . I have been employed about Messrs. Clemmitt and Bullock's premises - on the 19th of June, about a quarter-past eight o'clock, I saw the prisoner coming out of the booking-office with something long in his hand, wrapped up in paper.
JOHN BROMLEY . I am a tinman and brazier, and live in Playhouse-yard, St. Luke's, and I am headborough of St. Luke's. On the 19th of June, the prisoner came to me about ten minutes before nine - he put this brass standard into my hand rolled up in paper - he said, "Will you buy this?" - he offered it for 2s. - I said I would not - he said he would throw it away - he went off, and I ran after him- he went to Gibson's foundry - I saw the policeman, and we went in and took the prisoner to the station-house - he said he had bought it in the Borough for 1s. - it is worth 14s. or 15s.
THOMAS PRINDEVILLE (police-constable G 140). I took the prisoner - I asked him where he got the gas tube - he said he bought it for 1s. - I said that would not do, and took him to the station-house - he then said he picked it up - the next day he said he took the tube, and did not care what might happen to him - it was wrapped up in this posting-bill belonging to Mr. Clemmitt, and that led me there.
Prisoner. There was no bill round it - he asked me what I would give him to let me go - I said, nothing.
JOHN CLEMMITTS. I am proprietor of the Green Arbour-inn, Old Bailey . I have one partner - I had two of these standards - they were fixed when I took the office - I took them down - I had one fixed in another part of the office, and the other was put on a shelf - it was similar
JOHN MAJOR . I am a brass worker - I lacquered two gas standards for that office twice - to the best of my belief, these are the two - this is the one that was fixed, and this is the one produced by the officer - I fixed one up, and put the other on the shelf.
Prisoner's Defence. I have often been left in the office for hours together, and had to give those bills - I was hardly ever without some in my pocket.
GUILTY . Aged 27. - Confined Three Months .
1094. SUSAN SMITH was indicted for a stealing, on the 30th of June , 3 pails, value 3s.; 4 shoe brushes, value 1s.; 1 tin kettle, value 1s.; 1 tub, value 3d.; 2 towels, value 3d.; 1 pair of pattens, value 4d.; 1 paid of clogs, value 4d. ; the goods of Bince Randall .
MARTHA RANDALL . I am the wife of Bince Randall - he is a carpenter , and lives at Hampstead . On the 30th of June, I was sitting at breakfast up stairs, about eight o'clock in the morning - I heard a noise, and went down - I saw the prisoner with my pails, and the other articles in her possession - I said she had got my pails - I took them out of her hand and put them in my room - she said they were hers - she had got them about 100 yards from my door - the officer came about two hours afterwards, and I gave him the things.
Prisoner. I am not the person who took the things - another woman gave them to me. Witness. I saw no one near her.
Prisoner's Defence. A person had taken a lodging with me - she said she had some things in different places - I went with her, and she gave me these things.
GUILTY . Aged 45.
1095. SUSAN SMITH was again indicted for stealing, on the 30th of June , 1 kettle, value 2s.; 1 dish, value 6d.; 4 shoe-brushes, value 1s.; 1 pail, value 1s.; 3 shirts, value 2s.; 2 shifts, value 1s.; 1 sheet, value 6d.; 1 saucepan, value 6d.; 1 apron, value 2d.; 1 towel, value 2d.; and 1 handkerchief, value 2d. , the goods of John Bennett .
SARAH BENNETT . I am the wife of John Bennett - we live at Hampstead - I missed these articles on the 30th of June about seven o'clock; I was called by the officer to Church-lane, and saw them - they are mine.
MARY SMITH . The prisoner came to my house, in Church-lane, about half-past seven o'clock, and asked me to permit her to leave these articles with me, as she had forgotten the key of her door - I told her to put them in the hall; they would be quite safe - about two hours after she came again, and said she was sorry to leave them so long, but her husband had taken the key to London, and she did not like to break open the door - I afterwards heard some - thing, and told the officer, who brought the prisoner to me- these are the articles.
Prisoner. I am not the person. Witness. I can take my oath she is - she said her husband was a silversmith in Soho-square.
Prisoner. The same person gave me these things.
GUILTY . Aged 45. - Confined One Year .
SARAH BOOTH . I took the child out to buy some watercresses and milk - I went to a milk shop in New Inn-yard - I had the child, Elizabeth Charlotte Starke, in my arms - the prisoner followed me, and put his hands up to the child's neck, and took the necklace off - he ran - I pursued him, and cried, "Stop thief" - the officer took him.
Cross-examined by MR. PHILLIPS. Q. You did not see the beads in the prisoner's hand? A. No, I saw his hand up to her neck - there was no one else there, but a woman for some milk, and the person who sold the milk- the prisoner was taken in the Curtain-road; I suppose forty yards from the place.
RICHARD NURSE (police-constable G 37). I heard a cry of "Stop thief," and pursued the prisoner - a great many people followed him - he ran to the Curtain-road, and was stopped - I have not found the beads.
NOT GUILTY .
SAMUEL SMITH. I lived at Mr. Isaac's lodging-house, in West-street, Smithfield; but have been obliged to leave there, in consequence of the prisoner's companions ill-using me - on Sunday, the 1st of June, I went into a cook-shop to get dinner - the prisoner followed me very closely - I felt my handkerchief, slide out of my pocket very gently - I turned to the prisoner, and he threw my handkerchief on the floor - this is it.
Prisoner's Defence. There were twenty people in the shop - I did not touch the handkerchief.
GUILTY . Aged 24. - Transported for Seven Years .
1098. HENRY STONE was indicted for stealing, on the 17th of May , 1 shirt, value 1s. 6d.; 1 pair of stockings, value 8d.; 10 spoons, value 7s.; 1 cloak, value 1s. 6d.; 4 shillings, 4 sixpences, and two pence three farthings in copper monies , the goods and monies of Samuel Hough .
SAMUEL HOUGH. I am master of the Shoreditch National School - on the morning of the 17th of May I was called by the police, a little after four o'clock, and went to the school-room - on opening the door, I saw the things in a confused state, and the back windows were open - I stayed at the door, while the officer went round and brought
CHARLES WILKINS (police-constable N 79). I was on duty near the school about four o'clock in the morning of the 17th of May - I heard some person walking as it appeared without shoes - I peeped in, but could see no one - I called the master - he opened the door - I saw the things very much displaced - it appeared, that whoever had been there, had escaped by the back window - I went into George's-square, which is at the back of the school, and found the prisoner lying down behind a door in a garden - I took him, and asked what he wanted in the school - he said he was one of the scholars, and had stopped in all night - I found 4s. 2½d. on him, and this pincushion.
ELIZABETH PARISH . I am one of the scholars - this pincushion is mine - I left it in my lap bag in the school the night before, at five o'clock - this shirt and these stockings are my governess's, and were in the closet in the committee-room - my box had been locked.
JOHN BLADES . I saw the prisoner on the top of my wash-house - I asked what he did there - he said he was a scholar at Mr. Robert's school - that he had been kept back at night, and slept in the school-room, and if I would let him through, he would be obliged to me - he said he belonged to Mr. Stone, who is a neighbour of mine, and a respectable man - I let him through, and he was taken by the policeman.
Prisoner's Defence. My mother had turned me out the evening before - I went to this place to sleep, and when I heard the men coming, I got up, and Mr. Blades let me through his house.
NOT GUILTY .
1199. ELIZABETH RICHMOND was indicted for stealing, on the 22nd of May , 6 towels, value 3s.; 2 pair of stockings, value 3s.; 3 yards, of lace, value 6s.; 1 pinafore, value 9d.; 1 pair of gloves, value 1s.; 2 yards of dimity, value 6d.; 2 yards of linen, value 2s.; 1 cap, value 2s.; 3 handkerchiefs, value 6d.; 1 shift, value 1s. 6d.; 1 nightgown, value 1s.; 1 bag, value 6d.; 12 yards of ribbon, value 4s.; 2 pair of socks, value 1s.; and 9 skeins of silk, value 6d. ; the goods of James Veitch .
JAMES VEITCH. I live at No. 16, Great Portland-street , and am a hosier and glover . The prisoner was my servant - I missed things for a considerable time, and on the 22nd of May I gave the prisoner into custody - I told her it was for taking things from my house to a coal-shed - she said she had taken some, but they were of little value, and she would go and show us where they were - she went to the coal-shed with the officer, but found nothing there - she then denied all knowledge of them, and would tell nothing about them - these are my property - many of them have my mark on them - here are towels, lace, gloves, handkerchiefs, and a variety of other things.
ALICIA COOLINGS . I live in Fitzroy-street, and keep a coal-shed - the prisoner used to buy articles of me - about a week or ten days before she brought these things, she told me she was going to leave her place in a few days, and as she expected some parcels from Scotland, she would be glad if I would let her leave them there - I said she might, and in about ten days she brought one sewed up, which appeared to have come a great way - she then brought a second parcel - and on the 22nd of May, she knocked me up a few minutes before six, and left another parcel - Hunter then came for the parcels, and I gave them to her.
(The prisoner put in a written defence, stating that she had taken the things, fearing she should not receive her wages, as the prosecutor owed her 3l.)
JAMES VEITCH. The prisoner had been about ten weeks with me - she had not asked for any money.
GUILTY . Aged 30. - Confined for Two Years .
MR. LEE conducted the Prosecution.
WILLIAM JAMES BUDD (police-constable S 123). On the 21st of June, at half-past two o'clock in the morning, I was on duty opposite Euston Mews - I heard something fall - I then heard some footsteps, and saw the prisoner Charles cross the mews with a truss of hay on his shoulders, which he took into Price's stables - I called Bugden - we went down the mews to Mr. Mills' stable, but in going down we found Price's stables open - when we got to Mr. Mills we saw the mark of two trusses of hay on the ground, under the window; one was dark, the other light, corresponding with the colour of the trusses we found - the prisoner Francis was at the loft window of Mr. Mills' stable - he said, "Good morning," and asked what brought us there so early - we then went to Price's stables, and found a truss of hay uncovered, and shortly after another partly covered over - I saw Charles in a corn bin - he appeared to be asleep - I asked him when the hay was brought in - he said in the night; and it was a hard thing his master could not have hay without our supposing it was stolen - I said, "Will you swear it did not come in within ten minutes?" - he said,"No" - I then said, "Where did you get it?" - he said, from the bottom of the mews, at No, 14" - I left him in custody, and went to Mr. Mills' stable - I knocked, and Francis put his head out - I told him to come down - he came down in his shirt - I told him to go up and put on his clothes, and I followed him - in going up I saw Gission on the stairs -Francis had passed him - I asked Gission what he did there- he said he had come to call the gentleman's servant - I said it was all stuff, and told him to go up stairs - we went up, and Francis asked Gisson what he did there - Gisson said,"To call you" - Francis said he had not given him any order - Gission said, "You know you told me," and Francis said, "I believe I did" - Gisson afterwards said he had come to borrow two trusses of hay - they were then taken; and Francis said, "We have got into trouble."
Cross-examined. Q. Did you state before the magistrate that Francis said he had no knowledge of Gisson? A. Yes.
JOHN MILLS. I live at No. 14, Euston-square ; the stable belongs to me. I was shown the two trusses of hay, and on comparing them with what I had I believe it to be the same - I gave no authority to Francis, who is my groom , to part with any.
Cross-examined. Q. But I dare say it may have happened that you have lent and borrowed hay? A. I would lend it to any gentleman in the mews, but not to a cabman- I had desired Francis not to have any thing to do with these two men - he had given me satisfaction.
NOT GUILTY .
Before Mr. Sergeant Arabin.