Old Bailey Proceedings, 4th September 1834.
Reference Number: 18340904
Reference Number: f18340904-1

SESSIONS' PAPER THE RIGHT HONOURABLE CHARLES FAREBROTHER, MAYOR.

SEVENTH SESSION HELD AT JUSTICE HALL, IN THE OLD BAILEY, On THURSDAY, THE 4th DAY OF SEPTEMBER, 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. HEBERT'S LIBRARY, No. 88, CHEAPSIDE.

1834.

THE WHOLE PROCEEDINGS On the King's Commission of the Peace, OYER AND TERMINER, AND GAOL DELIVERY FOR THE CITY OF LONDON, AND GAOL DELIVERY FOR THE COUNTY OF MIDDLESEX.

Before the Right Honourable, CHARLES FAREBROTHER , LORD MAYOR of the City of London; Sir Edward Hall Alderson , Knt., one of the Barons of His Majesty's Court of Exchequer; Sir John Williams , Knt., one of the Justice of His Majesty's Court of King's Bench; John Ansley , Esq.; John Thomas Thorp , Esq.; Hon. Charles Ewan Law , Recorder of the City of London; Henry Winchester , Esq.; Thomas Kelly , Esq.; John Cowan , Esq.; Sir Chapman Marshall , Knt.; and John Pirie , Esq., Aldermen 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.

LONDON JURIES.

First.

James Sneed

Richard Taylor

Joseph Tadlow

Francis Henshaw

Edmund Marshall

William Wilcox

Thomas Straight

William Mansfield

George Richards

Francis Chs. Hench

Alfred Sweeting

Thomas Shaw

Second.

John Knott

William Witt

William Leschellas

Thomas Morgan

William Mears

John Clunie

Thomas Card

William Partoon

John Russel

John Spencer

John Brown

James Archer Lilly

Third.

James Archer Lilly

Thomas Hollyman

Thomas Brown

George Seward

William Adams

Richard Blaithwich

Edward Perkins

Thomas Cross

George Wagstaff

Thomas Green

Henry Hook

John Smith

MIDDLESEX JURIES

First

William Clarke

John Collyhold

John Coton

Richard Copeland

Samuel Childs

James Constable

Joseph Door

Thomas Davis

Charles Dogherty

Ebenezer Day

George Dumain

John Dobee

Second.

James Cook

Daniel Carter

John Geo. Cochrane

George Lilly Crape

Thomas Clarke

George Davies

Thomas Robt. Drew

Lewis Doe

George Dick

Henry Davies

Edward Dodd

James Davis

Third.

George Cheeseman

Richard Colley

Edward Condon

Geo. Foster Cooke

John Chapman

Thomas Coleman

Robert Collins

Ely Cooke

William Allen

Robert Algar

Richard Burgess

Joseph Collinson

Fourth.

William Cheek

Thomas Colbrand

Robert Cable

Thomas Cranwell

William Cooper

William Carfe

Thomas Cale

John Chivers

Charles Ball

Thomas Cunningham

Stephen Church

James Ed. Christy

SESSIONS' HOUSE, OLD BAILEY, SEPTEMBER 4, 1834.

FAREBROTHER, MAYOR - SEVENTH SESSION.

A star placed against the verdict denotes that the prisoner has been previously in custody.

Reference Number: t18340904-1

First Middlesex Jury, before Mr. Baron Alderson.

1117. JAMES ASHLEY was indicted for feloniously assaulting Susan Wilmott , on the 27th of July , at Fulham , and putting her in fear, and taking from her person and against her will, 1 pocket, value 6d.; 1 knife, value 6d.; 1 snuff-box, value 6d.; 1 handkerchief, value 3d.; 5 shillings; 1 sixpence; 2 half-pence; and 1 farthing; her goods and monies .

SUSAN WILMOTT. On the 27th of July, I was going home to Turnham-green, at three o'clock in the morning - I was coming from my father's house at Hammersmith - the prisoner was with me - I had been walking about with him for about half an hour - it was not three quarters of an hour - I did not say so before the magistrate - as we went down the terrace, he put his arm round my middle, and felt down my side - I felt his hand in my pocket, he threw me down, tore my gown down, and broke the pocket from my side - I never saw him before that morning - I had met him at Hammersmith, and he said, if I would go with him to the Chaise and Horses, he would give me a glass of gin, as it was wet, which I did - I went along with him, and bid him good morning there; but, instead of his leaving me, he followed me across the road leading to the terrace, and there he threw me down, and took my money.

Q. How came you to walk with him? A. I had such a distance to go home, which took the time - I do not usually walk with people who offer me gin; but he said he was going to walk that way, and he was talking to me as he went along- I bid him good morning at the top of Turnham-green-terrace - he threw me down, tore my gown down, and took the pocket off my side - I am quite certain he took my pocket off, which contained five shillings, a sixpence, and 1 1/2d.; a snuff-box with Scotch snuff in it; a pocket-handkerchief, and a pocket-knife - I got up, and got my pocket from him again - he threw me down a second time - I got it from him, and he threw me down again, and got it from me, and said, if I called policeman again, which I had done before, he would cut my b-y throat - I called "Policeman," and Mynott, the policeman, came up to me - I am certain it was the prisoner.

JAMES MYNOTT . I am a policeman. I heard a cry of alarm, on the 27th of July, as I was going towards Turnham-green-terrace - I heard shrieks of "Murder" - I went down the terrace, and saw the prosecutrix without bonnet or cap, with her hair all over her eyes - she ran up to me, and gave me information - while she stood talking to me, I saw the prisoner running up the road - I said, "Is that the man?" - she said, "I think it is" - I followed, and overtook him at the back of the Crown and Anchor - he had this pocket inside his bosom, with a handkerchief, penknife, three shillings, and five farthings, and a snuff-box in it - I took it from him - I have had them ever since, and produce them.

SUSAN WILMOTT re-examined. This is my pocket which I had on - I have the fellow one on now - this is my knife - the strings are off the pocket now - he broke them off round my middle.

Prisoner's Defence. I was returning home, and it rained: going down Hammersmith, I saw the young woman standing under shelter - I stood under a few minutes myself - we got into conversation - she said she was very cold and wet - I said if she came over to the Chaise and Horses, I would give her a glass of gin - I walked down Hammersmith with her- when I got to Turnham-green-terrace, I missed 3s. out of my pocket - I accused her of taking it - she said she had not got it, and I took this money forcibly, having every reason to expect that it was my own - she screamed "Murder" - and I was taken.

SUSAN WILMOTT re-examined. I tore his shirt in the struggle, and some of the money might have dropped from him, and he ran away above half a mile.

JURY to MYNOTT. Q. Did the prisoner state to you that he took the pocket in order that he might get his 3s.? A. He said he had taken her pocket from her side, but did not say what money he had taken - I found the pocket in his breast with the money, and in his pocket I found 4s. 4d. - he did not say he had lost 3s., nor complain that she had taken any money from him.

GUILTY - DEATH . Aged 21. - Strongly recommended to mercy on account of his youth .

Reference Number: t18340904-2

First Middlesex Jury, before Mr. Justice Williams.

1118. WILLIAM JOINER and JOHN STEMP were indicted for feloniously assaulting John May , on the 2nd of July , at Ealing, otherwise Zealing , putting him in fear, taking from his person, and against his will, 1 purse, value 2d.; 2 half-crowns, and 13 shillings, his goods and monies .

JOHN MAY. I am a labouring man , and live about eight miles from Portsmouth, at Hambledon. In July last, I was at Brentford, going home from hay-making - I was in company with the two prisoners at Brentford - it was about nine weeks ago - I never saw them before that night - this happened about three miles from Brentford - I do not know the time of day or night, or what month it was - I went into a public-house to get a pint of beer, and the prisoners were there - I do not know the sign of the house - it was in the evening, about six or seven o'clock - I was drinking with the prisoners for three quarters of an hour - I was then going with they to hay-making to a fresh place in the parish of Ealing - we went together about three miles, and then we all laid down together upon a cock of hay - I laid there about a quarter of an hour, then took up my basket, and away I went - the prisoners remained on the haycock a little while, and in about ten minutes they came after me - one caught hold of my mouth, and the other took out my purse, and away they ran.

Q. Did you keep on your legs, or were you down? A. I was down - one of the men pushed me into the hedge - I cannot tell which of them - I was pushed into the hedge before the hand was put on my mouth - I was not struck by any body - they got hold of me, pushed me into the hedge, and one held my mouth fast - there was no ditch there - I cannot say who it was pushed me down - it was one of these men - I lost 18s. in a purse which was in my right hand breeches pocket - I do not know who took it - when the men got the purse, they ran away and left me - I had my purse in my pocket at the public-house, and took it out to pay for the beer, and opened it, so that the money might be seen - the prisoners were there when I paid for the beer - I paid one shilling for it - I was sober when I laid down on the cock of hay - I am sure the prisoners are the men who were with me on the haycock.

JURY. Q. Are you sure it was either of the prisoners who pushed you on the hedge bank? A. Yes.

Cross-examined by MR. CLARKSON. Q. As you say you are sure it was one of them, why cannot you tell us which it was- what time was it? A. About nine o'clock - it was not dark, it was dusk - these are the two men - I had only been drinking in one public-house that night - I had nothing but beer - I had no gin - I believe I had nothing but beer, but I cannot be sure - I had some gin before I went with them, but not at that place - I was only at one public-house with them - I had been to two public-house that night - I cannot tell how much gin I had at the first, I forget - I was no more drunk than I am now.

Q. Were you not with a woman of the town, as well as drinking gin? A. Yes; but not along with they - before I came to the prisoners, I had been drinking gin with a woman of the town - I cannot tell how much I drank - I was with her for half an hour - I was not drinking gin all that time - I had some beer first, then had some gin, and then met these men - the woman drank beer and gin with me - I might have had a couple of glasses of gin, not three or four - I will not swear I had not four glasses of gin - I took my purse out to pay for the gin, and put it in again - there was nothing the matter with it till I met with these men - after meeting with them, we had three or four pots of beer- three or four drank of it.

Q. Before you went to the public-house at Brentford, and met the men, did you go to any particular place, and was caught coming out? A. Yes, it was the King's Arms- I do not know the Drum.

Q. Will you swear you did not go to another public-house after leaving the King's Arms? A. Yes; when I met these men, I cannot say I did go to the Drum, and I will not swear I did not - the woman did not swear at me and say I had given her 1s. too little, nor ask me for more money - I gave her 1s. - before I met her I had about 20s. in my purse - I cannot tell justly - she did not require me with an oath to give her more money - after I left her, she came back to the public-house along with these men, and asked me to treat her to drink.

Q. How much did you pay for drink? A. We were drinking all three together - I cannot tell justly what I paid for it - we went off to go to work together - I fell asleep in the King's Arms, public-house - I never minded whether the woman was in the room at that time - I cannot swear whether she was or not - I paid for nothing more after I awoke.

Q. Then you never took your purse out after you went to sleep? A. No; I have not seen my purse since that night - I drank about three pots of beer before I went to lie down on the haycock.

Q. Then had you four pots at one public-house, and three at another, before you went to lay down on the haycock? A. I can take my oath I was as sober as I am now, when I laid down on the haycock with the men - I forget how much beer I had, and how much I paid for.

Q. Did you ever put your hand on your purse after you went to sleep in the public-house, till you went to lie down on the haycock? A. No; I had no occasion to feel for my purse after I went to sleep at the first public-house - these men paid for a pot of beer - I do not know about paying for any beer after I left the woman - I paid the shilling before I went to sleep.

COURT. Q. Did you pay any money in the second public-house you went to? A. Yes; I paid for a pot or two of beer - that was in the public-house that I was in after I was with the woman - I did not pay any money away after I had been asleep, and was with the woman - I paid for a pot or two of beer at the second public-house, where I was with the prisoners.

MR. CLARKSON. Q. Did the woman go with you to the second public-house? A. No. After leaving her, and awaking from my sleep, I paid for some beer at the other

public-house, and took out my purse, but not at the house I was at with her.

THOMAS BEGLEY . I am a publican, living at Brentford. On Wednesday, the 2nd of July, the prosecutor came into my house in company with the two prisoners - they called for a pot of beer, which I took in, and the prosecutor paid for it - they drank together - I gave him change out of a shilling - I do not remember what he took it from - the prisoners were sitting close to him at the time - they remained together while they drank the pot of beer - I saw them go away, all three together, about a quarter after seven, or between seven and eight o'clock - when they went from my house, they were all three quite sober - I did not see the prosecutor at all intoxicated - I am sure the prisoners are the men - I have seen them at my house often before, and they always behaved well there.

Cross-examined. Q. What is the sign of your house? A. The Drum. I am certain it was not near nine o'clock when they left the house - my house is about a mile from Ealing - whether the prosecutor had a purse at my house, I know nothing about - no woman came with him - I have known the prisoners four or five months - I have only kept the house about ten months - I only know them by coming to my house for beer.

GEORGE SHEPPARD . I am a policeman. I apprehended the prisoners on Pinner Race-course, by the order of my sergeant, on the 10th of July. They were not both together, but both were taken on the course that day - I found eightpence-halfpenny on one, and a few buttons on the other - I took them from the course to the cage, and did not on the road tell them what it was for - they asked me, and when we got about a mile and a half off the course I told them I apprehended them for highway robbery - they said, "Oh, we are innocent of that, at any rate;" and one said, "So help me God, Tom, if I had met you on the course, I should have asked you to drink, for I am innocent of any thing of the kind."

GEORGE TAME . I saw the prisoners and prosecutor in Hanger-lane, near the high road, about a quarter before nine o'clock. I knew the prisoners very well before, and I am sure I saw them and the prosecutor together, walking along - nobody else was with them - they were going towards Hanger-lane, from Ealing, about a mile and a half from the Drum public-house.

Cross-examined. Q. When did you first hear you were to be brought here as a witness? A. When I went to Clerkenwell. The policeman told me I should have to go up when these men were tried - that was about six weeks ago - I went before the magistrate - he took my deposition - I went before the Grand Jury - I was not before the magistrate at Brentford, or any where else - the policeman found me at my house - another policeman told him I had seen them, and I had a subpoena - he gave me nothing with it.

HENRY COLE . I know the prisoners and prosecutor. I saw them walking along, as I was going home, on the first Wednesday in July, about half-past eight o'clock - I saw them in Brentford-fields - there were no haycocks there - it was a ploughed field - they were going towards Ealing - I am sure they are the men - there was nobody with them- there were two men at the bottom of the field, earthing potatoes - they were about twenty yards off - the prisoners and prosecutor were walking on towards Ealing.

Cross-examined. Q. When were you first asked about this? A. I was asked about it by the policeman about six weeks ago - I live at Brentford - Tame lives at Ealing, and so does the policeman - it was about three weeks after the occurrence - I have seen the prisoners before, but not the prosecutor.(The prisoners made no defence.)

JOINER - GUILTY . DEATH . Aged 27.

STEMP - GUILTY . DEATH . Aged 19.

Reference Number: t18340904-3

First Middlesex Jury, before Mr. Baron Alderson.

1119. THOMAS GOODWIN was indicted, for that he at the times in the first twelve counts mentioned was a letter carrier, employed by and under the Post-office of Great Britain, on the 2d of June , at St. Margaret's, Westminster , a certain letter, then lately before sent and conveyed by the post of Great Britain, to wit, by the post from Rotherham in Yorkshire, to the General Post-office in London, for and to be delivered to Robert Snow , Robert Snow the younger , William Strahan , Sir John Dean Paul , Bart. , and John Dean Paul , bankers , in the county of Middlesex, and containing therein 1 Bill of Exchange for payment of, and value 300l.; 1 other Bill of Exchange for payment of, and value 851l. 12s. 7d.; 1 other Bill of Exchange for payment of, and value 841l. 17s.; 1 other Bill of Exchange for payment of, and value 260l.; 1 other Bill of Exchange for payment of, and value 300l.; 1 other Bill of Exchange for payment of, and value 440l. 5s.; 1 Draft for payment of money, to wit, 1506l. 5s. 5d.; and 3 Bank-notes for payment of, and value 500l. each; whilst he was such letter carrier came to his hands and possession, and was intrusted with the same in consequence of such his employment; and that he afterwards, whilst he was employed as such letter carrier, to wit, at the parish of St. Margaret, Westminster, aforesaid, feloniously did secrete and embezzle the said letter, so containing the said Bills of Exchange, the said Draft, and the said Bank-notes, the property of Henry Walker and others .

2nd COUNT. Charging BRYAN McSWEENEY, alias, Benjamin Swabey , and JOHN WARD , with feloniously receiving, on the 20th of June , at the parish aforesaid, 1 Bank-note for payment, and value of 500l., part of the said property so feloniously secreted and embezzled as aforesaid, they well knowing that the same had been contained in the said letter, and that it was feloniously secreted and embezzled by the said Thomas Goodwin, and also knowing that the said Thomas Goodwin was such letter carrier as aforesaid .

3rd COUNT. That the said John Ward, well knowing that the said Bryan McSweeney, alias, Benjamin Swabey, and Thomas Goodwin had respectively done and committed the said felonies, so charged upon them in form aforesaid, to wit, on the said 20th of June, at the parish of St. Margaret aforesaid, feloniously did receive, harbour, and maintain the said Bryan McSweeney, alias, Benjamin Swabey.

4th COUNT like the 1st, only omitting the words printed in italics, and substituting the words, "and others;" and for stealing the said property from and out of the said letter, instead of embezzling the letter containing the property.

5th COUNT like the 2nd, only, well knowing the Bank-note to have been stolen, as in 4th count.

6th COUNT like the 3rd, only, for harbouring, &c., the said McSweeney, knowing the said Mc Sweeney and Goodwin to have committed the respective felonies, as in the 4th and 5th counts.

7th COUNT like the 1st, only, not stating to whom the letter was to be delivered, but stating that it was directed as follows: "Messrs. Snow and Co., Bankers, London;" and stating the said Bills of Exchange, &c., so contained in the said letter, to be the property of Robert Snow and others.

8th COUNT like the 2nd, only, well knowing the Bank-note to have been stolen, as in the 7th count.

9th COUNT like the 3rd, only, for harbouring &c., the said McSweeney, knowing the said McSweeney and Goodwin to have committed the respective felonies, as in the 7th and 8th counts.

10th COUNT like the 4th, only, stating the property to belong to Robert Snow and others.

11th COUNT like the 2nd, only, well knowing the Bank-note to have been stolen, as in the 10th count.

12th COUNT like the 3rd, only, for harbouring &c., the said McSweeney, knowing him to have committed the felony, as in the 11th count.

13th COUNT. That the said Thomas Goodwin, on the said 2nd of June, at St. Anne and Agnes, feloniously did steal out of a certain Post-office for the receipt of letters, and packets, and bags, and mails of letters, sent, and to be sent by the Post of Great Britain, to wit, the General Post-office, in London a foresaid; a certain letter sent by the Post of Great Britain, to wit, by the Post from Rotherham aforesaid, to the said General Post-office, for, and to be delivered to certain persons, to wit, Robert Snow and others, Bankers, London, the said letter being the property of Henry Walker and others, against the Statute, &c.; and that he, on the said 20th of June, was apprehended and taken for the said felony, at St. Margaret, Westminster.

14th COUNT like the 2nd, only omitting the words printed in italics, and stating that they knew the said letter to have been stolen, as in the 13th count.

15th COUNT like the 3rd, only, for harbouring, &c., the said McSweeney, knowing McSweeney and Goodwin to have committed the respective felonies, as in the 13th and 14th counts.

16th COUNT like the 13th, only, not stating to whom the letter was to be delivered, and stating that it was directed as follows: "Messrs. Snow and Co., Bankers, London;" and that the said letter was the property of Robert Snow and others.

17th COUNT like the 14th, only, well knowing the Banknote to have been stolen as in the 16th Count.

18th COUNT like the 3rd, only, for harbouring the said McSweeney, well knowing him to have committed the felony as in the 17th Count.

19th COUNT. Against the said Thomas Goodwin for stealing, on the 2nd of June, at St. Anne and Agnes, from and out of the Post-office there, a certain letter sent by the post from Rotherham, in the county of York, to the said Post office in London, for, and directed to, Messrs. Snow and Company, Bankers, London; and that he was afterwards apprehended on the 20th of June, at St. Margaret. Westminster, for the said offence.

20th COUNT. That the said Bryan McSweeney and John Ward, one Bank-note for payment of, and value 500l. the property of Henry Walker and others, which had been contained in and feloniously stolen out of the said last-mentioned letter, feloniously did receive, they knowing it to have been contained in, and taken out of the said letter, so stolen out of the said Post-office.

21st COUNT. That the said John Ward feloniously did harbour, &c., the said McSweeney, knowing him to have committed the said last-mentioned felony.

22nd COUNT. Charging the said Thomas Goodwin with stealing one Bank-note for payment of, and value 500l., of Henry Walker and others.

23rd COUNT. Charging the said McSweeney and John Ward with feloniously receiving the said Bank-note, well knowing it to have been stolen, as last aforesaid.

24th COUNT. That the said John Ward, well knowing the said McSweeney and Goodwin to have committed the said last-mentioned felonies, feloniously did harbour the said McSweeney.

25th COUNT like the 22nd, only, stating the note to be the property of Robert Snow and others.

26th COUNT like 23rd, only, well knowing the note to have been stolen, as in the 25th Count.

27th COUNT. That the said John Ward, knowing that the said McSweeney had committed the felony, as in the 26th Count, feloniously did harbour him.

28th COUNT. Against McSweeney and Ward for feloniously receiving a Bank-note, value 500l., the property of Henry Walker and others, which had been stolen from a letter, sent by the post of Great Britain, well knowing it to have been stolen.

29th COUNT. Against the said John Ward for harbouring the said McSweeney, knowing him to have committed the said last-mentioned felony.

30th COUNT like 28th, only, stating the note to be the property of Robert Snow and others.

31st COUNT like the 29th, only, knowing the said McSweeney to have committed the last-mentioned felony.

32nd COUNT. Against the said McSweeney and Ward for receiving a Bank-note of Henry Walker and others, well knowing it to have been stolen.

33rd COUNT. Against Ward for harbouring the said McSweeney, knowing him to have committed the last-mentioned felony.

34th COUNT like 32nd, only stating the note to be the property of Robert Snow and others.

35th COUNT. Against Ward for harbouring the said McSweeney, knowing him to have committed the said last-mentioned felony.

Messrs. ADOLPHUS, SHEPHERD, and SCARLETT, conducted the Prosecution.

EDWARD JOHN HESELTINE . I am a clerk in the banking-house of Walker and Stanley, at Rotherham - Mr. Newman, the agent of Lord Fitzwilliam, paid into the house, in May last, £6,000 - it might be about the 24th of May - the direction given, was to pay it over to Snow and Co., bankers, London, on account of Lord Fitzwilliam - I made up a letter, containing seven Bills of Exchange and

three Bank-notes, which amounted all together to £6,000 - there was one Bank of England note for £500, No. 8,240, dated the 4th of April, 1834; one £500 note, of the Liverpool branch bank of England, No. 1,492, dated 28th of December, 1833; and another £500, of the Liverpool branch bank of England note, No. 1,569, the same date - that was all the Bank-notes - the notes were crossed in the face, "Per post, to Messrs. Snow and Co., 31 May, 34," in red ink - having enclosed these notes and the securities in the letter, I sealed the letter and took it home - it was directed,"Messrs. Snow and Co., bankers, London, post paid." - I locked it up when I got home - it was on a Saturday evening - I put it into the Post-office at nine o'clock on Sunday morning, at Rotherham, with another letter, addressed to Barclay and Co. - we have an account with the post-office, and did not pay the postage - (Ruthven here produced a £500 Bank of England note, No. 8,240) - this is one of the notes I enclosed in the letter, but it is not in the same condition as when I remitted it - the red ink mark has been partly obliterated - I saw it at Bow-street, and at that time the red ink was fresher - it was not obliterated at Bow-street at all - it was then in the same state as when I put it into the letter.

Cross-examined by MR. PHILLIPS. Q. Where did you lock up the letter? A. We have a box on purpose to lock up letters after business hours - I locked it in that box - there are two clerks in my office - we have each a key to the box - the other clerk is not here - I found the letter in the box in the morning - it was sealed - I put it into the Post-office without examining it - I did not conceive it necessary to examine it - the other clerk has a key, but he could not have access to it while it was at my house - I put it into the box at seven o'clock in the evening, and nobody could have access to the box but myself - I might have been out for an hour that evening - I am a clerk in the house - the other clerk is Mr. Dyson - he and I are on intimate terms, and visit occasionally.

MR. SHEPHERD. Q. The box was in your house? A. Yes; my house communicates with the bank.

Cross-examined by MR. PRENDERGAST. Q. The note looks different to what it did before? A. It seems to have been wetted since I saw it at Bow-street - it has been in the custody of the officer - when I saw it at Bow-street, the red ink was perfectly visible - the note appeared rumpled, as if it had been carried in a pocket for some time - it could not be an old note when I put it into the letter, by the date of it; it was clean - when I saw it at Bow-street it might have passed through many hands.

Cross-examined by MR. BODKIN. Q. You looked at a book just now, are the entries in your own handwriting? A. Yes.

MR. SHEPHERD. Q. Who are the partners of your house? A. Henry Walker, Mr. Stanley, and others - there are four partners - the box was in my own house.

COURT. Q. When you took the letter from the box next morning, did it appear in the slightest degree disturbed? A. Not at all - the seal of the office was on it - the seal was locked up in the office - the other clerk could have access to that, but not after I made up the letter, because the keys of the drawer are locked up in the box the letters are put in, and the other clerk could not have access to the box after I put the letter in without going through my house - it is possible I might have been absent from my house two hours on Saturday evening, but I cannot state- I frequently go out for an hour after business, and sometimes two hours.

MARY CHAPMAN . I am an assistant in the Post-office at Rotherham - I made up the London mail-bag on the 1st of June - I took the letters out of the letter-box that morning - there were two letters from the Rotherham Bank - they were paid letters - This account of the paid and unpaid letters of that morning is in my handwriting - the paid letters amounted to 7s. 10d. - one of the Rotherham Bank letters that morning, I recollect, was directed to Snow and Co., and the other to Barclay and Co. - I put this account into the letterbag, with the letters - there were two letters at 2s. 6d. each, and a foreign letter, 2s., and a 10d. letter - the two 2s. 6d. letters were from the Bank - we kept an account of postage with the Rotherham Bank - if letters are put in and marked"paid," by them, we kept an account of them - I debited the Bank that morning with the two paid letters - the bag was forwarded duly that morning.

Cross-examined by MR. CLARKSON. Q. This account only shows the gross amount of paid and unpaid letters that morning? A. That is all; my memory serves me as to the particular transaction that morning - I cannot tell the amount of paid and unpaid letters on the 2d of June, nor the 3d - I can tell the number of letters that went through our office to London on the 1st - Martha Wilson is the post-mistress - she was in Rotherham at the time - I am her sworn assistant - she is not here - she was not in the office when the letters were made up, she was in a room adjoining the shop - the name, "M. Wilson," at the bottom of this account, is my writing - I do not know what the letter "H" at the bottom is.

MR. SCARLETT. Q. When was your attention called to the account of the 1st of June? A. On the Thursday following - the 1st of June was Sunday.

JOHN HINTON . I am a clerk in the General Post-office, in London - on the 2d of June the Rotherham mail-bag arrived safe, and in the usual manner, at the Post-office - this account came in it - the letter "H," at the corner, is my initial - I put it there after telling up the amount of the paid letters - it means that I told up the letters and found them all right.

COURT. Q. When you examine them with the account and find them right, you put your initial to it? A. Yes.

Cross-examined by MR. PHILLIPS. Q. Do you always do that? A. Yes; if they are wrong, I alter the amount, and then put my initials to the correct amount - I have made no correction here.

Cross-examined by MR. PRENDERGAST. Q. Did you observe that any of the letters contained cash? A. No; there is no memorandum to show that they contained cash.

Cross-examined by MR. BODKIN. Q. You mean, you found the marks outside the letters corresponded with the amount of postage? A. Yes; that is put by the postmistress in the country - that would remain the same on the letter, though something might be taken out of it - I do not know how many letters there were, but that the postage of the paid letters together amounted to 7s. 10d.

MR. ADOLPHUS. Q. Do you consider Bank-notes or any other paper as cash? A. No; a money letter is a letter containing coin - when Bank-notes or bills are enclosed, we cannot tell what it is.

FREDERICK HOLLAND COTTON . I am a letter carrier in the Post Office. On the morning of the 2nd of June, I was sorter of the paid letters and franks of the 5th division - if there had been a paid letter directed to Snow and Co. I should have sorted it to the Essex-street walk, which is the 5th division - Thomas Boyden was the letter carrier of that division - after sorting the letters to the proper divisions, I call the proper letter carriers to come and receive them from me - when they receive them from me, they take them to their own seats for the purpose of arranging them - I know the prisoner Goodwin - he was a carrier in the 5th division that day - his seat was next to Boyden, which is the Essex-street walk - the prisoner's was the Wych-street walk - they sat next to each other - letters are often missorted when two letter carriers sit next to each other - if a letter carrier finds a letter missorted before he leaves the office, he should send it back to the sorter, to be sorted to the proper district, or deliver it to the person who delivers in that district, if he knows him - if the mistake is not discovered till after he leaves the office, it is his duty, after delivering the letters in his own district, to carry it to the person to whom it is directed.

Cross-examined by MR. PHILLIPS. Q. How long have you been a sorter in the office? A. I have been in the office about two years and a half - I have always been a letter carrier, but I was a sorter of the "franks and paid," in the inland office - it is one office - there are two hundred or two hundred and fifty letter carriers in the General Post Office - I never counted them - I cannot tell how many sorters there are - I am not aware that there has been any great increase of sorters lately - I will not swear it - there has been a very great increase of letter carriers, to the extent of forty or fifty, and in consequence of that increase, there has been an increased extent of room required for them - I have not seen any particular confusion before the room was enlarged for them - they were all put into the original room at first - I have not heard that it was too small for business to go on - the space has been increased in that room - I suppose that was because there was not room - I have no recollection whether the addition to the room was going on between the 21st of May and the 3rd or 4th of June - the people of the Post Office were not employed in the room at the time the workmen were carrying on the improvements - to the best of my recollection I never saw them - I did not see the improvements going on during the duty of the morning - I have seen them going on - I have been in the room while they were going on - that was when I went to look over my box or desk - I went there to change my coat, not to do any duty - the coat was in my box - there might be letter carriers in the room at that time - I have no knowledge whether there were - I will not swear there were not ten there.

Q. You have been giving us an account of what would be done if a man discovered a mistake; have not you known mistakes occur, the source of which was never discovered? A. I cannot say that I have - I have no knowledge of it - I cannot say that I have heard of it - I have no knowledge of making mistakes without discovering the origin of them - I have made no mistakes in the progress of sorting or carrying letters - I know of no mistake being made on the 2nd of June - no mistake occurred to me - I delivered letters myself on the 2nd of June - my walk is in Lincoln's Inn as assistant - I sat five or six seats from Boyden, to the best of my recollection - there are partitions between the seats - Archer sat on the other side of Boyden - the partitions are not particularly high, for they are scolloped - they slope off from the top - there is no partition dividing the seats - they sit on stools - the division is in the box - the sorters sit without a partition in the seat, but there is a sloping division at the side to part one desk from the other.

Cross-examined by MR. PRENDERGAST. Q. Have you any reason to suppose you made a mistake that morning? A. I have none.

MR. SHEPHERD. Q. When you went into the office to get your coat, and the workmen were about, was it in the middle of the day? - was any public business going on in the office? A. None at all - I went on private business of my own - the business of the office is over as soon as the letters are sent out.

COURT. Q. During the time the letter sorting was going on, were the workmen in the room at all? A. No; they came in after that was all over - I have no recollection of any particular letter I sorted that morning - I have no knowledge whether I delivered any particular letter to Boyden that morning.

THOMAS BOYDEN. I am a letter carrier of Essex-streetwalk. Snow's banking-house is in my division - if a paid letter, addressed to them, came to the office on the 2nd of June, it should be sorted to me by Cotton - Messrs. Snow have letters by the early delivery - Virgil James Powell is the carrier of the early delivery - in the course of my duty I should sort such a letter to Powell - I should place it in a packet with their letters - on the 31st of May I changed my seat; and on the 2nd of June Thomas Goodwin sat on my left hand, and Archer on my right - I came on duty at ten minutes before six o'clock - in the course of business, I have to leave my seat and go to another office to get letters - I sort out the letters as I receive them - perhaps letters remain an hour and a half or two hours on my desk before they are taken away by the letter carriers - these letters would be arranged before me in bundles - I sort the letters in front of me for the Essex-street walk - the letters for Messrs. Snow would be on my left side, because it is at the commencement of the delivery.

Q. Is it possible for the person who sits on the left hand side to reach over the partition and take a letter? A. If disposed, he might - the partition is sloped out, so that our elbows touch each other on each side as we sit - the letters would lie near the high part of the partition, which is about two feet - the letters I sorted on the left hand were placed in sight of my left hand man - he could see them - they would be next to him - the letters for the Essex-street walk were about the length of his arm from him - the partition is to prevent one man's letters mixing with others - it prevents the letters coming together, but would not prevent his taking them - our seats are wooden stools and are moveable - The paid letters form no part of the charge - if a paid

letter was abstracted, the carrier would not discover it - the paid letters are not charged to the letter carrier - when a parcel of letters are made up, we are called in to receive that number - we tell them up as to what they amount to, and that money we are to pay into the treasury - the paid letters form no part of that account - Goodwin has signed the book as having delivered letters that morning.

Cross-examined by MR. BODKIN. Q. How are the letters brought to you? A. We fetch the unpaid letters from the office - the unpaid letters are kept by themselves - a messenger brings them from one office to the other.

COURT. Q. You receive your letters, I suppose, from different sorters; each bag is sorted by a person? A. No; there is a sorter for every division - he sorts them into walks - they are placed in a box for us - we sign no check for the paid letters, as to the charge.

JAMES AUSTIN . I am assistant inspector of letter carriers at the General Post-office. On the 2nd of June Goodwin was on duty; he was a letter carrier employed by the General Post-office - he has signed the time book in which all the clerks enter their names - his signature is in this book, denoting that he was on duty that day - it is in his handwriting, to the best of my belief - I have seen him write - his duty was to deliver letters in the Wych-street walk.

VIRGIL JAMES POWELL. I am a letter carrier in the Post-office. On the 2nd of June, I delivered the early delivery in Essex-street walk - I received the letters from Thomas Boyden - I delivered all the letters I received from him directed to Messrs. Snow, to the best of my knowledge - if I arrive before nine o'clock, I deliver them to the porter, but after nine o'clock generally to the clerk, Mr. Gubbins - I cannot say who I delivered them to that morning - I have no doubt I delivered what letters I had.

CHARLES GUBBINS . I am chief clerk in the banking-house of Messrs. Snow and Paul - I go to the banking-house every morning about nine o'clock. I usually receive the General Post letters when they come after nine o'clock- I generally receive them on a Monday morning, as they are usually later than on other mornings - I place them on my own desk - the first partner that comes into the banking-house opens them - Sir John Paul generally comes to open the letters - he usually opens them - more frequently than any other partner - there was no letter received on the 2nd of June from Messrs. Walker of Rotherham containing a remittance - I think it most probable that I received the letters that morning - our porter's name is Thomas Smith.

Cross-examined by MR. PRENDERGAST. Q. You do not see the letters till they pass through other hands? A. I give them from my own desk to the partner to open - I occasionally receive them from the postman myself, whenever they come after nine o'clock; if before nine o'clock, Smith, the porter, receives them.

THOMAS SMITH . I am porter to Messrs. Snow. When letters come before nine o'clock, I receive them from the postman - I put them before Mr. Gubbins, on his desk - if he is not there, I remain in the office until he comes - the letters are not out of my sight after I lay them on his desk till he comes and receives them.

SIR JOHN DEAN PAUL, Bart. I am a partner in the banking house - I usually open the letters which arrive, and did so on the morning of the 2nd of June - there was no letter from the Rotherham Bank containing a remittance - there was no letter at all from the bank - my attention was called to the circumstance, by Lord Fitzwilliam having told me, a few days before, that he had ordered a remittance to us from Walker's, and I was looking out for it - Robert Snow, sen., is a partner in our house, and Robert Snow, jun., William Strahan, myself, and John Dean Paul, jun.

GEORGE THOMAS JOSEPH RUTHVEN . I am an officer of Bow-street. On the 19th of June, about six o'clock, or from that to seven o'clock in the evening, I was near Parker-street, Drury-lane - I saw the prisoners Ward and McSweeney come out of a public-house in Parker-street, and part at the door - it was the Crown and Cushion, I think - a person came out with Ward first, and went to the Running Horse, at the corner - he was an old man - I saw no more of the old man that day - I saw Ward come out of the Running Horse and go back again to the Crown and Cushion - both he and the old man came out of the Running Horse, and parted, and Ward went to the Crown and Cushion - after that I saw Ward and McSweeney come out of the Crown and Cushion - I had not seen McSweeney before that - they parted at the door - I gave directions to Leadbitter to follow McSweeney - that is all that happened that day - on the following day I was in the Strand, at Mr. Hawley's, the watch-maker's, nearly opposite Bedford-street - I there saw Ward and the same old man go into the Queen's Head public-house, and then I saw them come out - I followed them to Crown-street, Westminster, into a private house - I think it was No. 20, Crown-street- after being there some time, I saw them come out with McSweeney - they went into a wine vault, at No. 11, King-street, Westminster, close by Crown-street - they left there, and I followed them to the Plough, in Beaufort-buildings, Strand - I saw them talking together at the door, and I laid hold of McSweeney and Ward, and took them into the parlour - the old man went away - when we got into the parlour, I said to McSweeney, "What have you got in your pocket?" - McSweeney put his hand into his right hand breeches pocket, and said, "I will show you"- he produced half-a-crown and 1s. 6d. - I put my hand into his left hand breeches pocket, and there found a £500 Bank-note - this is it (looking at it) it is No. 8240, dated 4th April, 1834 - it has been in my possession almost ever since - I gave it to the Post-office solicitor, having first marked it with my initials - I know it is the same note - the note was not wrapped up in any thing, but loose in his pocket - I asked him how he accounted for having possession of it - he said he was respectable, that he was a gentleman, that he had taken it at a gambling-house at the west end of the town - I asked him where - he said, "I decline telling" - I believe those were his words - I know he declined telling me - I asked him where he lived - he said,"At Chelsea" - I asked him where - he would not say - I searched Ward, and found on him part of the Times newspaper - I produce it - it contains an advertisement of 100l. reward for the property stolen - I had not seen an advertisement in any newspaper about the property myself, but I had seen a placard - as they were sitting in the parlour, McSweeney looked over towards Ward, and said, "It is all over; it is all up; Jack, you are a damned bad one all up your back" - Ward replied, "It is not me, it

must be the old one" - I took them into custody - Leadbitter joined me soon afterwards - I took them to Bow-street - as soon as he came in at Bow-street, I asked their names, McSweeney called himself Benjamin Swabey, and the other, I believe, gave his name as Ward - I do not know that he stated what business he was - he might do so - I heard McSweeney say he had something to do with the law originally - Ward said he received the piece of the Times newspaper from McSweeney's lodging, in Crown-street, where he had come from, and McSweeney admitted that it was so - this was in the public-house - Leadbitter was not present at that time - I had sent for him, not liking to remove the two by myself - after taking them into custody, I went again to Crown-street, about four or five o'clock that afternoon, with Leadbitter, and a gentleman belonging to the Post-office, named Bokenham - we went to No. 20, and searched the house - we found nothing important there - on returning from there, towards Charing Cross, as we passed the end of Downing-street, a gentleman said, "I wonder where he is going," pointing to the prisoner, Goodwin, who was merely passing by, about a hundred yards from Crown-street - Leadbitter followed him, and from an intimation I received from Leadbitter, I went again with Mr. Bokenham to No. 20, Crown-street - we went up stairs, to the first floor, and found Goodwin there - Mr. Bokenham said to him, "I am sorry to see you here" (McSweeney's sister and brother-in-law were there) - Goodwin, I think, made answer, "Yes" - the brother said, "It is a bad job" - I recollect nothing more - we took Goodwin to the office - when the man said, "It is a bad job," I think Goodwin said"Yes" - I took McSweeney to Tothill-fields prison, in the evening - his sister and her husband were in the coach - they had some conversation with him - the sister was very much affected, and the brother-in-law pressed him to tell the truth, as he could not be a principal - McSweeney said,"No, I am only the go-between; they have not got the right man yet" - upon being further pressed by his brother-in-law, he said, "How can I look the world in the face, and betray my friend?" - the Bank-note was kept in my possession for a considerable time - I went to Ireland with it, and had it in my pocket-book, in my pocket - the red ink was fresh on it when I put it in my pocket-book, and the note was clean - on my journey, my pocket-book got completely wet through, and the appearance of the note very much altered - the red ink is a great deal paler.

(The part of the Times newspaper produced, as found upon Ward, being referred to, contained an advertisement offering a reward of £100, upon conviction of the parties concerned in the robbery in question, and describing the Bank-notes and Bills of Exchange.)

Cross-examined by MR. PHILLIPS. Q. 100l. reward is offered on conviction; were you aware of that when you gave your evidence to-day? A. Yes - I think I was examined twice at the police-office - I believe what I said before the magistrate was taken down in writing - I do not know that every word I have said was taken down - it was read over to me, and I signed it afterwards - I think I was examined twice - I cannot state whether I signed one or two examinations - what I said, was read over to me - I stated about having gone to the lodging in Crown-street, and seeing the brother-in-law and sister of McSweeney and Goodwin there.

Q. Did you say one word respecting Bokenham making the observation to Goodwin, "I am sorry to see you here?" A. I have no doubt I did; but very often things stated are not taken down by the clerks fully; they take down what appears to them to meet the case - I have no doubt I stated it - this is my signature - (looking at his deposition.)

(The witness's deposition being read over, did not state the conversation which passed between Goodwin and Mr. Bokenham at the room in Crown-street.)

Q. Did it not strike you as very odd, when you were in the street, that a gentleman should point to Goodwin, and say, "I wonder where he is going?" A. It did not, for the gentleman making the observation belonged to the Postoffice.

Q. Did it strike you as material that Mr. Bokenham should say, "I am sorry to see you here?" A. Yes; and also Goodwin's answering, "Yes," to its being a bad job - the clerk at the police-office desired me to attend while he read over what I had sworn - this conversation is omitted in my deposition, but I stated it - I did not desire the clerk to insert it in my deposition when he read it - it was material in my own mind - there are many things I stated which are not in my deposition.

Q. If you thought that material, and found it omitted, why not desire the clerk to insert it? A. I have stated that I cannot account for the clerk's not taking it down; I have no other answer to give - I was present when Mr. Bokenham was examined, the best part of the time - I might have gone in and out of the office.

Cross-examined by MR. PRENDERGAST. Q. You saw an old man, why let him go? A. I was by myself and had other reasons.

Q. Why did you not take the old man? A. I beg to decline answering the question - I had my reasons - I was under promises - I did not believe him guilty of any offence, and I promised I should not interfere - I knew the old man before - I had known him many years - he is not near the Court, that I know of - I did not know where he lived - I swear that I do not know where he could be met with now, but I dare say by inquiring I could meet with him - he did not go before any magistrate on this occasion.

Q. Is he a man of good character? A. I do not think I am to answer about people not in Court - I know there is a reward on this particular occasion.

Q. Do not you know the old man has been transported? A. Unless his Lordship directs me, I decline answering.

Cross-examined by MR. BODKIN. Q. Was the paper, when you got possession of it, cut out in the way it appears now? A. I think on recollection it might be a little larger, but I delivered it to the solicitor of the Post-office in the state I found it - it appears torn - it might be about one-third larger when it came into my possession - I delivered it to the solicitor precisely as I found it - I had it in my possession some days - I might have shown it to the solicitor, but they did not take it into their possession for some days, I think - I should think it was more than three weeks after I found it, I gave it to them - I have not seen it for three or

four weeks, till the day before yesterday, when Mr. Peacock, jun., gave it to me - he did not tell me he had altered it - seeing my own signature to it, I put it into my pocket without observation - I cannot say whether it was as large again or twice as large - I believe it was found in Ward's coat pocket - I have no knowledge of the pocket, but I believe it was the coat pocket - it was not rumpled up in the pocket - it was doubled together, smooth, in this sort of way (folding it up) - I cannot say whether it was in an outside pocket - I had seen Ward the day before this - Leadbitter was in the neighbourhood at the time, but we separated a great deal - I was in Queen-street, and Ward and the other man came into Queen-street, and went into the Running Horse - I was in a baker's shop directly opposite - I had a full view of Ward on that occasion - I was inside a baker's shop - if he had looked that way he could not have seen me as well as I could see him, as there was glass intervened.

MR. ADOLPHUS. Q. Are you sure the paper has been reduced in size since you found it? A. I think so, but I do not know - I think it was a little larger.

GEORGE LEADBITTER . I am an officer of Bow-street. On the 19th and 20th of June I was in company with Ruthven occasionally - on the 20th of June I saw McSweeney, Ward, and an old man, come from No. 20, Crown-street - I was sent for that day from Bow-street by Ruthven, and went to Beaufort-buildings - I found Ward and McSweeney in his custody - after they were taken to Bow-street, I went with Ruthven and Mr. Bokenham towards Crown-street, Westminster - as we returned, Mr. Bokenham directed my attention to Goodwin, whom we met near the end of Downing-street - I watched him, and saw him go into No. 20, Crown-street - I then called Ruthven and Mr. Bokenham - we all went into the house, and found Goodwin on the first floor with a man and woman, whom I understood to be McSweeney's brother-in-law and sister - Mr. Bokenham said, "Goodwin, I am surprised to see you here" - he did not make any reply, and McAlwin, the brother of McSweeney, said, "It is a bad job" - Goodwin said it was - I then took Goodwin to his lodging in Hatfield-street, Stamford-street - I searched his place there, but found nothing material - I took him to Bow-street - after he was committed, I took him to the front room of the office, waiting for a coach, and when we were there he said, "Is there not another young man in custody for the same thing?" - I said there was - (I had before that told him he was taken on suspicion of stealing a letter, containing Bank-notes) - he asked his name - I said I thought it was Farrant, (which was not correct,) and he said, "No, Bryant" - I said that might be his name - I then took him to the House of Correction - previous to that, he inquired if he could see Bryant - I said he could not - he then begged of me to let him see him, if it was only to exchange a look - I told him it could not be allowed - he then inquired if they were going to the same prison - I said they were not - I got a coach and took him to the House of Correction - I brought him at different times from the House of Correction to be examined, and on the second or third examination, I think the third, I was bringing him from the House of Correction to Bow-street, he inquired if I thought they would be committed to Newgate that day - (there were several re-examinations) - I said I did not know, and he expressed a wish that they might be, and said he was surprised that they were not committed at the examination before that, as he was surprised there was so much evidence against them as there was - on that day the prisoners were locked up in different cells at Bow-street - there are three cells, and each prisoner was in a different cell, and, in consequence of what the gaoler said to me, I went into the yard, and heard McSweeney call, "Tom, keep up your spirits; we can live as well in another country as we can in this" - Goodwin said,"Yes, it is all very well for you; but see how they will serve me before I get there; they will give me two years' solitary confinement, as they did Job Cox, before they send me off" - McSweeney said, "No, the case is not so clear against you as it was against him" - Ward hallooed out,"No; the worst transportation is only for burglars" - Job Cox was a general postman, whom I apprehended about two years or eighteen months ago.

Cross-examined by MR. CLARKSON. Q. That was the man one of them said had two years' solitary confinement before he was sent off? A. Yes; that was the man he named - this conversation must have been about the 4th of July - I made a minute in my memory of it - I think I made a memorandum of it at the time - I have no doubt that I did - I do not know where it is; I have not looked at it - I thought it not material - I think it was on the third examination - I was examined at the second examination - I gave part of my evidence at the first, and merely charged them as being suspected of the offence; and, on the second examination, on a Friday, I gave my evidence - I signed that examination at the time - it must have been about the 27th of June.

Q. How many examinations were there after that at which you were examined and signed your examination? A. On no occasion except at the last examination, when my evidence was read over, and I was bound over to attend here - my evidence was read over at the last examination - I reported to the solicitor what I overheard in the yard - I thought it material - I did not apply to the magistrate to have the conversation added to my deposition, and it is not stated in it - I communicated it to the solicitor on the very day I heard it, which I think must have been about the 4th of July - I made a memorandum of the date, which I have got at home, I have no doubt - I did not think it material to bring it here - I was not aware I should be asked for it - I was fully aware that 100l. depended upon the conviction of the men - I had seen the advertisement in the Times, and knew it long before their apprehension - I made this communication to the solicitor of the Post-office, either the same day I heard it or the following one - Mr. Peacock, sen., was present at the last examination, when my examination was read - he did not relate what I had told him, in the presence of the prisoners, in my hearing.

Q. Do not you know it is your duty to detail before the magistrate, and in presence of the prisoners, every thing material relating to the charge? A. Yes; but I did not know that was material - I know it was my duty to state to Mr. Peacock all I knew - it was for him to know whether it was material - Mr. Peacock did not desire me to conceal it - he conducted the prosecution - it was for him

to know what was evidence, and not me - when I heard it, I did not know it was evidence - I read part of my proof from the solicitor of the Post-office, before I came here - I thought and believed it to be evidence, but I did not know that I should be called on to prove it - Shackell is the gaoler who called my attention to the conversation - I believe he is here - he left the yard, but his assistant gaoler was there - I do not know whether he is here; I believe not - he heard it as well as me - I told Mr. Peacock that the assistant gaoler heard it as well as me - the conversation between Mr. Bokenham and others, in Crown-street, occurred before I was examined at all - Mr. Bokenham said to Goodwin, "I am surprised to see you here."

Q. Did you state that before the magistrate? A. No. I did not know whether it was evidence or material - I was sworn to tell the whole truth - I told the truth with regard to the fact, that he was taken into custody at that house - I cannot repeat every thing that took place.

Q. Why not tell it on your examination on your oath, as well as to the solicitor? A. I was not asked about it - Mr. Bokenham was examined himself - I recollect that - I do not know how long his examination was - if he was examined before the magistrate, it must have been in the afternoon; he was in the office - I do not know whether he gave evidence - he was there, and I expected he would be examined - I did not hear him examined - I did not say he was examined at length.

Q. Do you expect to get any portion of the 100l. if any of the prisoners are convicted? A. I assure you I have never given it a consideration - I do expect a part of it - I cannot say how much - I do not think the reward depends upon how many are convicted - when I first took took them into custody, I expected to get some of the money - I think the reward would depend on their being convicted, but that would make no difference as to my speaking the truth - I never thought of speaking any thing but the truth.

Q. Why did you leave out part of it before the magistrate? A. The solicitor examined me before the magistrate, to ascertain the facts, and, if asked, I should have stated it - the clerk does not ask the witness if he has any thing to add or alter, he asks him to sign his name, - to the best of my recollection, the magistrate did not ask if I had any thing to amend or alter - I believe I was not asked the question - it was read over to me - I did not find the part I had not stated had been omitted, I never thought of it - I thought of stating the facts as they occurred - I thought if there was any thing material in what Mr. Bokenham had said, he would state it himself - I did not hear Ruthven examined - Ruthven and myself are the only officers employed in this case.

Q. Have you any reason to know, or believe, that any person besides you and Ruthven will share any part of this reward? - A. Yes.

Cross-examined by MR. BODKIN. Q. Have you told us the whole of the conversation in the yard? A. Yes; to the best of my recollection. They talked about other things, saying, Shackell was a very good fellow, and talking about their treatment in prison - I did not hear McSweeney or Goodwin say they were sorry for Ward, for he knew nothing about it; nor any thing to that effect.

MR. SHEPHERD. Q. Did you communicate the conversation you heard in the yard to Mr. Peacock before or after the last examination? A. I did it on the same day, or the following day; it was before the last examination. They were not committed, I think till about the middle of July, or the latter end - there were several examinations.

COURT. Q. Were any witnesses examined after the 27th of June? A. Yes, and their examinations taken. A. gentleman, from Birmingham, was examined, relative to a second charge, and one Cornish, and one Davis, but that was on a second charge - I believe nobody was examined on this charge after the third examination, which must have been about the middle of July - witnesses were examined before the magistrate on this charge, in July - Goodwin was apprehended in Crown-street, which is in the parish of St. Margaret, I believe - I know it is in the county of Middlesex.

WILLIAM BOKENHAM . I am a clerk in the Post-office. I accompanied the officers, as they have stated - I have been in Court, and heard Leadbitter and Ruthven examined - I heard a conversation at Bow-street, on the 20th of June, I think, between McSweeney and his sister - it was the day he was apprehended - she urged him very strongly, and so did his brother-in-law, to tell who he received the note from- she said, "For God's sake, do tell, for my sake, and the sake of your family" - McSweeney said, "No; you would have a much worse opinion of me then, than you possibly can have now" - he then said to his sister, "Ben Swabey would rather die, than betray his friend" - I accompanied the officers to the lodging in Crown-street, and heard what passed - I said to Goodwin, answered me with a monosyllable, but I cannot state what he said - Mr. McAlwin, who was present, said, "It is a bad job" - I am not aware of any thing else - I was so agitated at the time, at seeing the prisoner there, I do not know any thing more that passed.

Cross-examined by MR. PHILLIPS. Q. Were you examined at the police-office? A. I was not - I attended there, and heard Ruthven examined there - I was not present when he was asked to listen to his examination read over to him - I only heard part of his examination - I was not present at the end of it - I believe I said I was sorry - whether I said sorry, or surprised, I do not know - I have heard Ruthven and Leadbitter examined to-day, and heard one of them say, my expression was, that I was "sorry," and the other, that I was "surprised" - I said, either sorry, or surprised - I only used one of these expressions.

COURT. Q. Had you heard in the Post-office of any suspicion arising respecting Mc Sweeney on the day he was taken up? A. I had not at all - Goodwin could have no knowledge of any suspicion being attached to McSweeney, from any thing passing in the Post-office.

MR. PHILLIPS. Q. Did not Goodwin remain in the employ of the Post-office up to the day when he was apprehended? A. He did, I have no doubt, but I am not in the same department - a person named McAlwin was examined at the police-office.

COURT. Q. What time in the afternoon had you the conversation with Goodwin at the house in Crown-street? A. It was in the evening, probably between six and seven o'clock.

JOSEPH SHACKELL . I am keeper of the lock-up place at Bow-street - the three prisoners were in my custody - I have been in Court part of the time of this trial - I was here when Ruthven was examined, and part of the time that Leadbitter was - I was never desired to go out - I took Ward on several occasions from Bow-street office to the prison - on the 25th of July, I was bringing him from the prison to Bow-street office - he requested me, as soon as I came out of the prison, to let him remain with the two other prisoners for a short time - I asked him what for - he told me he had no money, and his wife had pawned every thing she had to raise money to meet his expenses, and he wished to see the other prisoners, to ask them for some money - I agreed, and he was with them - I believe it was by the sanction of Leadbitter, but I asked somebody if it might be done, and when I was about to convey him back to the prison in the afternoon, he said they had each given him 1s., which made 2s., and that Goodwin had given a girl 1l., and he felt himself much dissatisfied - and if they did not, he knew what to do - he said he would rather dic than split.

Q. Were you ever present at any conversation between Goodwin and McSweeney? A. I was frequently in the yard - I remember Goodwin coming in a coach - he was very ill, and was brought into the yard where the other two prisoners were - he appeared very dejected, and was crying- he had the appearance of having had the jaundice - Swabey said to Goodwin, "Don't cry, Tom, you quite unman me; the worst is transportation for life" - Goodwin said, they would serve him in the same way as they did Job Cox, keep him two years in solitary confinement, and then transport him - Swabey said, "They cannot do that, for the case is not so clear against us as it was against him"- part of the conversation was while I was putting them in separate cells, and the latter part of it was during the time they were locked in different cells - they were hallooing from one to the other - this conversation about the transportation was on the 25th of July.

Cross-examined by MR. PHILLIPS. Q. Did you hear Ruthven give his evidence? A. Yes; I am the principal gaoler.

Q. If I understand you rightly, you say the conversation began while you were locking them up in the cells? A. Yes - my under-gaoler is not here - his name is Frederick Tyrrell - I was locking them up part of the time, and part of the time Tyrrell locked them up - Tyrrell was not always there - the first part of the conversation was openly before me.

Q. How did it begin? A. When Goodwin was brought into the yard, he seemed much dejected, and Swabey said,"Tom, don't cry, you quite unman me" - and during that time I was putting them in separate cells, and then I stayed in the yard, and heard this conversation - I was requested to take notice of any thing I might hear - Swabey said,"Tom, don't cry, you quite unman me; the worst is transportation for life" - that was said openly in the yard before me, before I locked them up - the three prisoners and myself were there - it is a square yard with three cells - there was nobody there but myself and the three prisoners, to my knowledge - in fact, I can take upon myself to swear so, not at that time - I am speaking of a certain day which I put down, on the 11th of July - Ruthven was not there.

Q. Was Ruthven there during any part of the time that day? A. He was in the cells with me.

Q. During the conversation you have deposed to, was Ruthven in the yard at any part of it? A. No: the under-gaoler is very ill now - I was subpoened here - the conversation about Job Cox occurred in my hearing - in fact, I had heard it before, and was ordered to keep them in different cells, and they were in the habit of conversing together - and after I told it, I was told to take notice of what they said; and I did so - I was at Bow-street, but was not examined - I laid this statement before Sir Frederick Roe, and was requested to give it to Mr. Peacock - I do not know when I gave him the statement - I believe the prisoners were finally committed before I gave it to Sir Frederick Roe, but I do not recollect on what day - it was on the 25th of July that I took it down - the magistrate did not keep the paper - I laid it before him - he read it, and gave me a note with it, with directions to give it to Mr. Peacock - I do not know whether the prisoners were at that time in my custody - I believe not - I told Leadbitter, and showed him what I had heard.

Q. Did you yourself call Leadbitter to take notice of any conversation? A. I did - that was before I took down that writing - I did not stay with Leadbitter to hear it - I left the under-gaoler with him - the first memorandum I made was on the 11th of July - I made another on the 25th of July- it was before either of those dates that I called Leadbitter to listen - I have not seen my under-gaoler since yesterday morning - he returned from Guildford very ill - he came by the coach, as I wrote to him to come up, as I had to attend this Court - there is nothing to prevent his coming here, to my knowledge - I said he had been ill - and he is ill now.

SUSAN COE . The prisoner Goodwing lodged at my aunt's house in Hatfield-street - McSweeney used to come to see Goodwin very frequently - Goodwin always called him his friend - on Friday, the 20th of June, Goodwin went out and left a message with me, saying, if his friend should call, he was gone to Westminster, and if not, there he should be at Hawkins's - his friend did not call - when he returned, he aske if his friend had called - I said, "No" - he then went out, and I did not see him afterwards - he was taken into custody.

COURT. Q. What time of day did he go out the first time? A. He came in about ten o'clock in the morning, went out again and came in between one and two o'clock - between three and four o'clock in the afternoon, he went out, leaving a message for his friend; he came back between four and five o'clock, and finding his friend had not been, he went out again.

JOHN McALWIN . I live at No. 20, Crown-street, Westminster, and am McSweeney's brother-in-law - I am a housekeeper, and pay rates to St. Margaret's parish - McSweeney's name is Bryan McSweeney - I did not know of his going by any other name except on this occasion.

COURT. Q. Did you see Goodwin at McSweeney's on the 20th of June, before he was apprehended? A. No; not before he was apprehended - I saw him there then - he came in a little after five o'clock, or between five and six o'clock, and asked for McSweeney, about five or six minutes before the officers arrived - I told him McSweeney was apprehended for having possession of a note stolen from the Post-office - he said, "Good God!" or, "My God!" and

seemed surprised - I myself was in great confusion at the time, as the officers had been there and searched the place, and my wife was crying - while this was going on, the officers came in - I remember Mr. Bokenham coming in.

Goodwin's Defence. My Lord, and Gentlemen of the Jury: Being asked what I have to say, my answer is in a very few words. I know no more about it than either yourselves or the gentlemen of the Jury. If I am convicted, it will be on the evidence of two Bow-street officers, who are interested in the reward. I trust you will consider my case with justice.

McSweeney's Defence. I beg leave to call your serious attention to the few observations I have to make. I could hardly restrain my feelings during the examination of the officers. I have no hesitation in saying that there is not an atom of truth in the extra evidence which is not in their depositions. Ruthven says I said to Ward, "Jack, it is all up:" as I hope for salvation, I did not know the man's name was John; I always understood his name to be William Ward. He used to work for me as a shoemaker. I have not seen him for years previous, to a few days before this transaction. I unwarily called him "Ward:" as to the other observations he places to me, I may say without egotism, I am not in the habit of using such expressions - with regard to what is said I said in the lock-up place, Shackle, if he speaks the truth, will say I stated, as far as I knew, the fact, they were both entirely innocent of the transaction - with regard to the subject of transportation, I said it would be as well for me now if I was transported, having hitherto borne an irreproachable character, but now it signifies not what becomes of me - but as to Goodwin's being transported, it is false, for I was convinced he knew nothing about the transaction - with regard to Cox, it is evident Shackle took his cue from the officers, for if I recollect right, Cox had but one year's imprisonment - they could not all mistake my saying two, unless they took the subject one from the other - had I received the note in the way stated, I could have gone to the Bank and got it changed - it is obvious the receipt of the letter could not have been known in London for two or three days, and with that knowledge, what was there to prevent my going to the Bank with it? - I am convinced you will see it in the true light - the fact is, the note, I regret to say, came into my possession at a gambling-house, and I gave 134l. in exchange for it - I had no knowledge of any thing of the sort- had we not all been treated in the manner we were, I should have been able to bring forward evidence - though unacquainted with the persons there, I could have proved where I got the note - we were twelve weeks in confinement - we were brought forward to please Mr. Peacock, and for no other motive: for at the last four examinations no further evidence was given - Gentlemen, I have only to repeat to you that Goodwin is entirely unacquainted with the matter - as far as I am concerned, I did not receive the note from him - Ward is unacquainted with it - he is a shoemaker, and he waited on me on the day in question for a job - I was engaged, and could not give him orders then- we walked out together, and it being very warm, I gave him some drink - I assert positively my innocence, and the innocence of the other prsioners - as regards me, I received the note, not from Goodwin, but from a stranger at the gambling-house - you must be well aware, men of the world frequenting those places, always wish to be unknown, and the owners of those places would be very tenacious of coming forward, it being unlawful - but if I had not been in confinement, (three weeks of which time I was not allowed to communicate with my legal adviser,) I could have brought forward evidence to prove I did win it, and probably the person from whom I got it - Gentlemen, it is generally believed that the capital punishment is abolished in this case; I regret to say it is in full force, and by the observations made by the Lord Chancellor, it will be carried into effect - I trust you will not bring to an ignominious end persons quite innocent - the other prisoners know no more of my transactions than I do of theirs - I have nothing more to say, but in the words of Scripture, "Blessed are the merciful, for they shall obtain mercy."

Ward's Defence. I called on McSweeney on Thursday, the 19th, when Ruthven says he saw me - I never went into the second public-house - I live not six doors from the public-house he speaks of, and being in the habit of working for McSweeney, I called on him, and was apprehended - as to the newspaper, it was taken out merely as another piece of paper might be, wrapped up in this manner - it was quite half a paper - I had no knowledge of the contents - I never saw so much of it as I have seen today - I was put in solitary confinement for a whole week, - I have been tampered with by the officers - Mr. Peacock sent to me several times, to say he would pay me, and I should be rewarded if I had any thing to say - as to Shackle and the other man, how they can swear to such villanous acts, I cannot say - I am totally innocent.

MR. BOKENHAM re-examined. The letters come in letter bags, which are tied and sealed at the place they come from, and the seal is broken in London.

JOHN HINTON . I examined the Rotherham bag on the Monday morning - it was tied and sealed.( George Bryant , Clerk, in Fee-farm rent-office; Frederick Duncome , attorney, Clement's-inn; Thomas Pullen , clerk to a solicitor in Clement's-inn; and Cuthbert Singleton , attorney, New-inn, gave the prisoner Goodwin a good character; Frederick Knight , engraver, Brook-street, Charles Gould , 3, Red Lion-street, Holborn, boot-maker; and John Meredith , Temple, gave the prisoner McSweeney a good character; and George Smith , tailor, 408, Strand; and Robert Portsmouth , tallow-chandler, South-street, Walworth, gave the prisoner Ward a good character.)

GOODWIN - GUILTY . Aged 32.

McSWEENEY - GUILTY . Aged 28.

WARD - GUILTY . Aged 37.

On the Counts charging Goodwin with stealing the letter out of the Post-office, Ward was strongly recommended to mercy by the Jury.

Reference Number: t18340904-4

First Middlesex Jury, before Mr. Justice Williams.

1120. TIMOTHY McCARTHY was indicted, that he on the 13th of August , at St. George , in and upon Ellen his wife, feloniously, unlawfully, and maliciously did make an assault, and with a certain instrument, feloniously, &c. did strike, beat, and wound, the said Ellen, in and upon the back part of her head, with intent to kill and murder her, against the Statute .

2nd COUNT. Stating his intent to be to disable her.

3rd COUNT. Stating his intent to be to do her some grievous bodily harm.

MARY COLLINS . I am single. I live in King-street , in the same house as the prisoner - it is let out in tenements - my father occupies one room in the house, and I live with him - the prisoner lives in another room - on the day his wife was taken to the hospital, I think it was on Tuesday, it was three weeks ago last Wednesday or Tuesday, saw her and the prisoner together between twelve and one o'clock - their room is immediately above ours - I was in their room not above two minutes before it began - the prisoner was at home eating his dinner, sitting down at the table - his wife sat opposite him with her back against the window - they have three little children - I saw two of them there - one is about nine years old, and the other about four - I had been down in my own room before I went up and heard a noise, and loud talking - they had been quarrelling ever since Monday - they spoke in Irish on Tuesday when I heard them quarrelling - I could not understand what they said, but I could tell they were quarrelling before I went up - I went up to boil a piece of meat, not in consequence of hearing the noise - I came up and went into the next room, and was going out of the next room to go down stairs, when I saw the prisoner in his room beating his wife - I had been out of their room five or ten minutes - they were still quarrelling while I was in the other woman's room - they were talking in Irish one to the other - when I left the room, they were both sitting down, and when I came out of the other woman's room I saw the prisoner beating his wife - their room door was open - he was beating her with a poker - (looking at one) that is the poker - he had hold of the small end of it, and was beating her with the nob - I am sure of that - he was still speaking in Irish, and was striking her - I thought it was a stick he had in his hand at first - I saw him give her two or three blows - I am sure I saw three blows given - her name is Ellen McCarthy - I have heard her say so, and heard him call her Nelly - I have heard people call her Ellen - the blows were struck at the side of her head, not close to the crown - she had nothing but a cap on - she could not say any thing, only she said, "Oh Mary, it is the poker he has got" - I said, "McCarthy, do not kill your wife" - I took her away from him, and took her into the next, room, and he went and sat down at his dinner again - he said nothing in answer to me, for I took his wife from him, and dragged her into the next room - he was striking her at the time she said, "Oh Mary, it is the poker he has got" - she had nothing in her hand, that I am sure of - nothing at all that I could see.

Q. Was she attempting to lay hands on him at all? A. No; she fainted away when I took her into the next room, which I had come out of, she could not walk herself - I carried her by the shoulders - she is well now and out of the hospital - I do not know whether she is quite well - I saw her last Friday - I have not seen her since - she was here on Friday - she did not talk about coming again to me - she was three weeks at the hospital - she went to the hospital directly it happened - I went with her - I took the same woman to the hospital that the prisoner was beating.

Q. Do you know whether she provoked him in any way? A. I cannot say, not knowing Irish.

Q. Did you see any act of hers? A. No.

Prisoner. This came out through another man's talk.

COURT. Q. Did you hear him charge his wife with having any thing to do with another man? A. No; but I understood it was about such a case as that - I did not hear him tell her that another man had been boasting that he had had to do with her.

Prisoner. Q. Did you see me beat her three times? A. I did. I saw you give her three blows with the poker- when I took her into the next room, he went and sat down at his dinner again - I said nothing to him, nor he to me.

WILLIAM OSMAN . I am a policeman. I was fetched on Wednesday, the 13th of August, to King-street - I did not find the prisoner there - Mary Collins was in the room with the woman - I got there about a quarter before three o'clock in the afternoon - I ordered a cab to be sent for, to take the woman to the hospital, and I went after the prisoner - I saw the woman in the hospital the same afternoon - she was the same woman I took to the hospital; she was in a dreadful state - I found the prisoner, about three o'clock, at a granary, close to where they lived - I told him he must go with me- he was pointed out to me as McCarthy - he asked me what for - I told him for beating his wife - he said he wished he had given her another blow, or another hit, and killed her - he then put on his smock frock and went with me - he was not sober, nor yet so drunk as not to know what he was saying; he had been drinking - I took him to Green bank station-house, and as I went along, somebody gave me this poker - it was very fresh with blood about the nob, and that part, very fresh indeed - it was given to me a little after three o'clock - I do not know what has become of the woman - I have looked for her, and can hear nothing at all of her - I saw her on Friday afternoon; she left here with me - I have never seen her since - she said she was going home to a woman's who lives close by King-street, but she has no proper home - I have been searching for her, but cannot find her - I have been to the house she lived at, and about the neighbourhood.

WILLIAM JAMES . I am a pupil at the London Hospital. I remember the woman being brought to the hospital on the 13th of August - I cannot say I remember who brought, her or who came with her - she was brought in some time in the afternoon - I do not remember the policeman being there - she had two or three contused wounds of the scalp, extending to the bone, at the upper and back part of the head - the skull is rather thin there, but it is not the thinnest part - the wounds were rather considerable - I examined them - there was no fracture of the skull - they appeared to have been inflicted with much violence - they might have been made with that poker - it is probable an instrument of that kind made them, or they might have been produced by a fall - there was no indentation of the skull - there was laceration of the scalp, exposing the bone- there was a wound; it would be difficult to describe the size of the wound, as it extended in different directions, over the space of three or four inches square - that was the whole extent - I do not mean to say there was an entire separation of the scalp for that space, but it was two or

three wounds, which, altogether, might have covered that space with contusions - and all there were contusions, besides the wounds - the scalp was not separated from the bone before the examination was made, at least it would lay down on the bone, in that situation, but on sponging it, it could be raised up, and the scalp could be seen.

Q. Altogether, how many injuries were there: wounds, bruises, and altogether? A. Three or four - there were two or three wounds - we call it a contused wound when the edges are separated - a contused wound is accompanied by bruises and contusions - the head was injured to the extent of three or four inches square - there was danger from inflammation attending these contusions and wounds- I should think a great quantity of violence must have been used to have produced them - the woman was perfectly sensible all along - she appeared to have lost a considerable quantity of blood - I should say this poker was a very dangerous thing to strike with - it would be very likely to endanger life - if it was handled two or three inches from the end, it would still be dangerous - the nob was likely to have made an indentation of the skull, and that might probably cause death - it is most probable that it would - there was not any other woman brought to me that afternoon with an injury on her head - I cannot remember the date exactly - we had no woman brought in that week who was similarly affected to so great an extent.

WILLIAM OSMAN re-examined. I saw Mr. James at the hospital - he gave me a certificate on the following Wednesday - I did not see him the day the woman was taken to the hospital - I am sure it was on Wednesday, the 13th of August.

MARY COLLINS re-examined. I saw Mr. James attending to the woman - I held a saucer while he shaved her hair off - Ellen McCarthy was the woman he attended, I am certain - I know this is the poker - I have often seen it in the woman's room - I do not know who gave it to the policeman - I did not go into the room afterwards, as the landlady locked the room up - they lived some time in the house - I was often in their room - I am almost sure that is the poker - it was either that or one like it - there was blood upon it when the policeman had it - I saw it in a woman's hand in the room in less than five minutes after this was done - there was then blood and hair upon it - I saw it in the policeman's hands afterwards - it appeared the same poker, and was bloody.

Q. In what manner did he strike, gently, violently, or uphanded? A. He had his hand up, and seemed to be striking with force - I do not know whether it was with all his force - he had hold of the bottom part of the poker, because I tried to stop his hand with it - he seemed to have hold of it in this way (taking hold of it near the middle) - but I cannot exactly say, for I was frightened - I did not take hold of the poker, but of his hand - some of the smaller end of it was out of his hand - I tried to stop his hand, but was frightened, seeing the woman bleeding.

Prisoner's Defence. My old woman went into another man's room, and next morning he reported at the place he worked at, that she had done so and so - one of the men told me about it, and told the foreman too - as soon as I came home to dinner, we got to a few words together; and this happened at the same time, when I was a little jealous of my wife. There is nobody to speak for me. As to this witness, any thing she likes, she will do it. This is not the first time she has come against somebody.

MARY COLLINS re-examined. I have had no quarrel with the prisoner, I am certain - I have never been a witness in any case before - I have been before a Justice, but never a witness against any body - I was before a Justice about three years ago, as I got a great deal of ill usage myself, and I went to complain - that was on my own case- it was against some men and women for beating me - the magistrate fined them 5l. each.

Prisoner. You have been before a jury about that child? Witness. This child in my arms is my own - I am not married - I have been before a Justice to father it.

GUILTY . - DEATH . On 2nd and 3rd Counts only.

Aged 32.

Reference Number: t18340904-5

OLD COURT, Thursday, September 4, 1834.

First Middlesex Jury, before Mr. Sergeant Arabin.

1121. JAMES WILLIAMS, alias, Charles Edwards, alias, James Hooper , was indicted for that he at the delivery of the King's gaol of Newgate, held on the 10th of September, 4 Geo. IV., was convicted of burglary, and ordered to be hanged by the neck till he should be dead; but his late Majesty, having been graciously pleased to extend his royal mercy to him on condition of his being transported for the term of his natural life, for which term he was so ordered to be transported; and that he, on the 19th of July , feloniously was at large, without lawful cause, before the expiration of the said term , to which indictment he pleaded GUILTY . Aged 30. - Transported for Life .

Reference Number: t18340904-6

Before Mr. Justice Williams.

1122. MARY SMITH was indicted for feloniously assaulting Harriet, the wife of George Thorpe, on the 24th of July , putting her in fear, and taking from her person, and against her will, 1 boot, value 5d.; 1 pocket, value 1d.; and 5 shillings , the goods and monies of George Thorpe .

HARRIET THORPE . I am the wife of George Thorpe, and live at Edmonton. I saw the prisoner once, two or three weeks before the time in question, but never spoke to her - on Thursday night, the 24th of July, about a quarter before twelve o'clock, I was at Stoke Newington - I wanted a lodging, having left London, and did not like to go on to Edmonton - I did not mind sitting up until daylight - I asked the policeman first where I could get a lodging - I saw the prisoner in the street at Newington, and asked her to tell me of a lodging, or tell me any where I could sit up for an hour or two - she said she would take me to her lodging - I went down the street with her as far as the Weavers' Arms, about a quarter of a mile - nobody was with me at all - very few people were passing - she knocked me down close by the Weavers' Arms in Newington - the Weavers' Arms was open - she said she would take all I

had got from me - I had not strength to save my pocket - she knocked me down with her fist, then knelt on me, broke my pocket string, and took my pocket from me - I had not power to call for assistance, being very fatigued with walking, and having nothing to eat - I could not call for assistance until the last moment - as soon as she was gone, I cried"Murder!" - a policeman came up to me in a few minutes - I was crying "Murder" - I saw my pocket when I got to the station-house, which was in about a quarter of an hour.

Q. Had you been drinking with the prisoner that night? A. I cannot say but what I took a glass of gin with her - I had been drinking in her company altogether I suppose two hours - we talked together a great while in the street - I am separated from my husband at present: he allows me six shillings a-week, and that was the money I lost - I had seven-pence besides in my pocket - that was all the money I was possessed of; also a boot, and a duplicate.

Prisoner. Q. Did you ask me to tell you where I could get a lodging? A. Yes: you said you would take me to your lodging.

JURY. Q. How far were you from the door of the public-house when she knocked you down? A. Close to it - the door was just open - the people were all turned out of the house, it being very late - there was about six persons standing by - there were five or six standing at the top when I got up - they were all her confederates.

THOMAS BRETT . I am a policeman. I was on duty on Stamford-hill, and heard a cry of "Murder!" repeatedly from the bottom of the hill - I ran to the spot, and found the prosecutrix lying on the ground - she said, "I have been robbed of my pocket and five shillings by a woman who has gone up the road" - I ran up the road, and took the prisoner into custody, five or six rods from the spot - she was walking away, and a young man with her - I brought her back to the prosecutrix - she said, "She is the woman who has robbed me" - the prosecutrix was then near where I saw her lying, close by the public-house, just down a little passage - I think the public-house door was closed then - there were two or three men outside at the time, and I think they had just been turned out of the house - they were within two or three rods of where the woman was lying - I took the prisoner to the station-house - she was searched in my presence, and 1s. 4d. found on her - I went back with a light, and found the pocket thrown over into the garden, four or five rods from where I took her into custody, with a boot in it; and on the foot-path close by I found a duplicate - I have had them ever since - I found nothing on her but 1s. 3 1/2d., and two farthings - when I took her, she said, "I never would rob a woman, but as for a man, I would not mind, a lying b-" - I think the prosecutrix was perfectly aware of what she was doing, but I think she had had a little to drink - I took the prisoner in the main road - there was nobody passing - I only saw the three men standing.(Property produced and sworn to.)

Prisoner's Defence. I saw the prosecutrix sitting on the steps of a door, very much in liquor - she asked where she could get a lodging. I said I would take her to the Weavers' Arms - I asked if they could give her a lodging - they said, "No; not to strangers." On coming out, she asked if I would have any thing to drink; she paid for a quartern of gin, and she changed fourpence - in coming out, she asked if I had got my money, I said I had, I had one shilling and sixpence when I met her; she asked me to be two-pence towards the gin, I said I did not mind; I changed sixpence, and gave her twopence - two or three men came up, who knew her, and got into conversation with her- a man, that I knew, came up - I was talking to him - during that time, she was taken down a turning by the Weavers' Arms, and shortly after, I heard a cry of "Murder"- I went to her assistance; she was lying on the ground - I went to the top, and walked a little further - the policeman laid hold of me, and when I got up to her, she said I was the woman; but I am as innocent as a child unborn.

JOSEPH COOTE . I am a policeman. The pocket was found on the very spot the prisoner was taken; not at a distance - I was on the spot where she was taken into custody, at the extent of my beat - I went to the station-house with her - I was not there when the pocket was found, but Brett showed me where it was pushed through the iron fence, where she stood at the time, and took her into custody.

T. BRETT re-examined. I showed the witness where I picked up the pocket, a few minutes after, before I left the spot. I picked it up several rods from where the prosecutrix was lying - I picked it up where I took the prisoner into custody - I took her to the station-house before I went and found the pocket - I knew the spot where I took her, it was an opening. NOT GUILTY .

Reference Number: t18340904-7

Before Mr. Justice Williams.

1123. JOHN HENRY STANLEY and JOHN CLAY were indicted for feloniously breaking and entering the dwelling-house of Stephen Warren Devereux , on the 3rd of August , at St. John, at Wapping , and stealing therein 18 spoons, value 9l.; 1 cream-jug, value 1l.; 1 pair of sugar-tongs, value 12s.; 1 jacket, value 30s.; 3 waistcoats, value 30s.; 1 pair of trowsers, value 8s.; 1 pair of braces, value 4s.; 1 pair of stockings, value 4s.; 2 handkerchiefs, value 3s.; 1 thimble, value 6d.; 30 shillings; and 3l. in copper monies, his property .

STEPHEN WARREN DEVEREUX. I am a baker , and live in High-street,Wapping . I went to bed on Saturday, the 2nd of August, about twelve o'clock - I was not the last person up - I was called, up, about a quarter before four in the morning, by a neighbour, and observed the parlour door had been forced open - the shop adjoins the parlour - I had drawers in the parlour where I kept my clothes, and where I put my cash-box in the daytime - on examining the drawers, I found them all open, and all my clothes gone - I then went into my shop, and, on examining the till, I found from 20s. to 30s., in silver, taken - on examining my desk in the shop, I found it broken open, and from 3l. to 5l., in copper, taken from it - I also missed one silver table-spoon, twelve tea-spoons, a silver cream-jug, and a pair of silver sugar-tongs - I have not seen any of them again - I lost a variety of things - when I came to examine the premises, I found they had entered through a bakehouse window, which had been made secure by a carpenter, to prevent my men communicating with the shop - it had been shut up for about four months - the wood work was broken away sufficient to admit a man - I had a sharp dog in the bakehouse, which was

his regular place - he was always loose - he was a very sharp dog - I did not hear him bark in the night - I found him tied up with a string, in the morning, to a post in the bakehouse - the dog always barked at a stranger, day or night - I am sure the parlour door was locked overnight - I lost a drab jacket, also a drab waistcoat, a pair of drab trowsers, a black cloth waistcoat, and a valencia figured waistcoat - I missed also two coats, and a pair of boots, which were found on the floor in the water-closet - I missed two yellow silk handkerchiefs - on the Wednesday following, three days after the robbery, I saw some of my articles in possession of Watkins, the horse-patrol, and Mead, the beadle of Enfield - the prisoner, Clay, lived in my service, as a journeyman baker, and quitted a month previous to the robbery - I never saw him on the premises after that - he was familiar with the dog, as it was to and fro while he lived with me- the dog belongs to a brother of mine, and came backwards and forwards to my house, as my brother had left his house- I have seen Clay play with the dog, and give him food to eat - I do not know Stanley.

Cross-examined by MR. CHURCHILL. Q. It was a sharp dog? A. Very sharp - it was a terrier - he always barked at strangers - I never saw Stanley before - I have no reason to suppose the dog was acquainted with him - the window had not been open for four months before, to my knowledge, but I had not examined it for a month since the prisoner lived with me - I have not examined it for four months.

COURT. Q. Did it appear to have been broken open then from the appearance of the wood work? A. It appeared to have been broken before - it appeared an old wound - it was always shut as I passed by in the street and looked at it, I supposed it to be secure.

JOHN MEAD . I am a beadle of Enfield, which is thirteen or fourteen miles from Wapping. I saw the prisoners at Enfield on Monday evening, the 4th of August, at the Three Horseshoes, by the Chase - when I went on the bowling-green, they were playing at bowls together - it was near upon seven o'clock in the afternoon - I noticed that they were very respectably dressed - I got into conversation with them - they said they had just returned from the Cape - they forced their conversation on me and others without my asking them any question - I had no suspicion of them at that time - I am sure both of them said their dresses were made at the Cape - Stanley had on a drab jacket and waistcoat - he came to me and showed it to me, and said, "I never saw a better bit of cloth" - that it was made for him at the Cape, and the cloth was made at the Cape - Stanley then had it on - Clay had a very handsome valencia spotted coloured waistcoat, on - I noticed it - he said that was manufactured at the Cape - that one of them went there as baker and the other as cook - on the Tuesday evening, about six o'clock, I received information of this robbery, and I went with Watkins, and found Stanley at the Three Horseshoes, the same house as before - there were some people in the parlour, but whether in his company I do not know - Clay was not there - Stanley said that he and Clay had had some words between them, and Clay had taken his jacket away - he said, when I went into the room, "John, I am glad you have come, for Clay has taken my jacket, and I won't leave the house till I get it" - I said, "As you are shipmates, go with me, and I will find it for you" - I took him to the cage, and there told him what I took him for, but not before - I had not said I wanted him - there was nobody but him in the cage, I am positive - he remained in the cage that night - and next morning I and Watkins took him to London - I searched Stanley when I went into the cage, and he had only four half-crowns and some halfpence in his pocket - I took nothing else from him till we got to the Thames police-office - after he had been searched at the Thames police, I returned to the cage the same evening - nobody else was there - the keys of the cage had been at my house all day - nobody could get in without my wife's knowledge - she is not here - on going back, I searched a privy belonging to another cage which Clay had been in - that was next morning (Wednesday) - in the privy among the soil I found a waistcoat, which I took up, and have had ever since - I found nothing there with respect to Stanley - I found a pair of drab trowsers on him at the Thames police-office - he was wearing them - that was part of the clothes which he told me on the Monday, at the bowling-green, were made at the Cape, and he said they were too tight, and would not button by about two inches.

Q. When did you go in search of Clay? A. The same evening, as soon as I had secured Stanley, and found him lying on the bed at his grandmother's - it might be half-past seven o'clock - he appeared to be very tipsy - I tried to make him understand what I wanted, and he could understand - I told him of the robbery at Wapping - he said he knew nothing about it - that he was not there, and knew nobody there - I am sure he said he knew nobody there - I was searching him - I wanted to take his handkerchief off - he took it off himself, and threw it on one side, and in the corner there was a sovereign twisted up - when I was searching him, he was going to strip - he had this valencia waistcoat on then - he swore he would not be pulled about so - I said I would search him - he instantly pulled his shirt over his head, and tore it to pieces - I said,"It is no use, you must go with us" - after that he turned round and jumped into a window, about twelve feet high from the ground, and forced the frame nearly out, but I pulled him back - he had the same waistcoat on as I had noticed overnight at the bowling-green - he had it on then- it was a remarkable pattern, having so many different colours in it - I took him into custody, after searching him, and pulling him back from the window - I examined the bed he was lying upon - when I first saw him, nobody else was on it - I found on the bed a drab jacket which I have had ever since - I have every reason to believe it was the same jacket as Stanley had on at the bowling-green on Monday- it was the same sort of colour - the waistcoat I found in the soil was the one, in my judgment, that Clay had on when he was lying on the bed, and when he was playing at bowls the night before - Stanley had a black waistcoat on, which I took from him, and have had ever since - I found a drab waistcoat in the same room as I found Clay, just down close by the bed-side - on the Monday, when they were talking about their being made at the Cape, I said, "Why, it appears very much like London make," and said, "Why I do not see why they cannot make as good things there as in London; the country is so enlightened" - Stanley said,"The cloth and every thing was made at the Cape."

Cross-examined. Q. Are you a tailor? A. No - I am

not much a judge of clothes - it was a very handsome waistcoat - I did not think any thing of Stanley having money- he had more the night before - their conversation at the public-house was all quite voluntary - I suppose there might be twenty persons there - no questions were asked them - I afterwards went and inspected the prosecutor's premises - I looked at the window; there was no glass in it; it was boarded - I produce the things I found - this waistcoat was taken by me from Stanley, when I brought him down to the cage - I have had it ever since - I found the drab waistcoat just under the window, between the window and the bed that Clay lay on, not more than two feet from the bed.

Clay. He said, at the office, he found the other drab waistcoat on a mangle, where my aunt lodges, which is about a mile from where I was taken. Witness. I did not say so - I never thought of such a thing - there was no mangle there at all, that I know of - I am quite sure I found the drab waistcoat in the room where I found him on the bed, and it was doubled up.

COURT. Q. You have produced a valencia waistcoat found in the soil? A. Yes; he had it on when I apprehended him - he tore it to pieces in the cage - I found it torn in the morning - I am certain it is the same waistcoat which he wore on the Monday and the Tuesday when I apprehended him, from the make and pattern of it, he was so particular in showing it to me - it is a very curious pattern and collar - when I took him it was whole - he did not rip it up when he jumped up at the window.

RICHARD WATKINS . I am a Bow-street horse-patrol. When Clay was apprehended, he took a handkerchief off his neck, and threw it down - this was at his grandmother's, Mrs. Thorogood, before, he was taken out of the room - I have had that handkerchief ever since - in the corner of it, I found a sovereign: about three quarters of an hour after, I told Clay I had found a sovereign in his handkerchief, and he said, "I had no handkerchief on, nor yet a sovereign" - I have a pair of trowsers which I took from Stanley - they were taken off him the next day at the Thames police-office - I have had them ever since - I told him to take them off, which he did - after taking them off, he said that when they got off the coach in Bishopsgate-street, Clay gave him the clothes, and said to him, "Do not you say you had the clothes from me?" - I produce the handkerchief and trowsers which I took from Stanley - this is the handkerchief the sovereign was tied up in - here is a silk handkerchief which his aunt gave me, and which the prosecutor claims.

Clay. I never told him I had no handkerchief on at the time he took me - he never spoke to me in the watch-house about a sovereign and handkerchief. Witness. I did, an hour after, and he denied having a handkerchief or sovereign.

Cross-examined. Q. When you apprehended Stanley, he went quite quietly with you? A. He did; he did not know what he was going about.

ELLEN THOROGOOD . I am a widow, and live at Enfield. I am Clay's aunt. On the Sunday before they were taken, the two prisoners and another man came to my house - the other man went away - he was a stranger; I do not know his name - it was between twelve and one o'clock, as well as I can guess - they dined at my employer's, where I work, and both stopped there that night - they came together to me - I gave Watkins a handkerchief - Henry Stanley put that handkerchief on my neck, on the Sunday night, and said, "I give you this handkerchief" - I said, "I do not want it, young man; keep it yourself" - I cannot swear to the handkerchief - because I did not undo it, and never saw it since - the one I gave Watkins was the one I got from Stanley.

Cross-examined. Q. Have you always told the same story about Stanley giving you the handkerchief? A. Yes; I never asked who it was gave it to me, because I could not remember - I have been in the prison once to see the prisoner - his mother-in-law asked me to call - I did not ask that question, when I went - Stanley wanted me to say it was Clay - I am in the employ of Mrs. Crofts, a laundress- she was not at home when the prisoners slept there - the master of the house was, and he allowed them to sleep there - they came to the house between twelve and one o'clock, as near as I can guess.

MR. DEVEREUX re-examined. This valencia waistcoat is mine, I am sure of it from the size, it being so small - I am very small - and from the colour of it, but it has been washed since - I had a waistcoat of this sort on the Saturday night before the mischief was done - this agrees with it in pattern, shape, and quality - I have worn this jacket nearly three months, and know it by the collar, buttons, and the length of the arm - I cannot positively swear to this drab waistcoat - I had one of this description, a new one, in my drawer, which was taken out that night, but I had not worn it - it was of this quality and stuff - I have not tried it on - I know these trowsers produced by Watkins perfectly well, by two marks on the knees, which I had done with tar - I have had them in my possession about twelve months - the marks have been there a month- I ran against a tar barrel - I had not worn them for nearly a month - I had seen them in the drawer within three days - I believe this handkerchief to be mine - I bought the piece, and have the fellow handkerchief in my pocket - the one has been washed which I produce, the other is perfectly new - I have no marks on them - I believe this black waistcoat to be mine by the size, not having any marks - I had one of the sort, and missed it among the rest.

Cross-examined. Q. It is four months since you had seen the window fastened? A. Yes; it was fastened with a padlock and staple - it was wood work - I found a piece of wood broken off where the padlock was - it appeared as if it had been done before.

Q. Could it be done by a person coming to the house in the daytime, without making much noise? A. Yes; it might - my shop is under the same roof with my dwelling-house - it joins my parlour.

SAMUEL HANCOCK . I am foreman to Mr. Swift, a tailor, in Houndsditch. I know this black waistcoat - I cut it out, and know it was made for the prosecutor - I have no doubt of that - this drab waistcoat is my cut - it seems to have been worn very little - it was made for Mr. Devereux - I have not a doubt about it.

Cross-examined. Q. You have seen the whole bundle of things produced? A. Yes; I should say it was not more than one man could conveniently carry as a parcel.

ALEXANDER McEWEN . I am a tailor. I made this

drab waistcoat for Mr. Devereux - I have not a doubt of it.

Stanley's Defence. I bought the things of the young man who was with Clay - I am quite innocent.

Clay's Defence. I had no young man with me at all when I saw Stanley.

STANLEY - GUILTY . Aged 25.

CLAY - GUILTY . Aged 25.

Transported for Life .

Reference Number: t18340904-8

Before Mr. Baron Alderson.

1124. SARAH BECKWITH was indicted for stealing, on the 5th of August , at St. Luke's, 2 coats, value 3l. 10s.; 1 pair of trowsers, value 15s.; 2 waistcoats, value 8s., the goods of John Brown ; 2 spoons, value 10s., and 1 gown, value 2s., the goods of Charlotte Brown , in the dwelling-house of Henry Martin Aldis ; and JAMES THOMPSON for feloniously receiving 1 waistcoat, value 3s., part and parcel of the said goods, well knowing them to be stolen , against the Statute, &c.

JOHN BROWN. I am inspector of pavements for St. Luke's- I lodge at No. 8, King-street, St. Luke's , in the dwelling-house of Henry Martin Aldis - the prisoner Beckwith worked at the house as char-woman for three or four weeks - on the 5th of August my daughter had gone out, and I went out and left Beckwith in the apartments alone - I returned in about three quarters of an hour, and found her gone - on the following morning I went to my drawers, and missed a great coat and a suit of mourning, a coat, waistcoat, and trowsers; I also missed a striped waistcoat - I had seen them safe a day or two before.

CHARLOTTE BROWN. I am the prosecutor's daughter - I went out and left the prisoner behind, and after my father missed his property, I missed two silver tea-spoons from the sideboard - I found a black gown on the prisoner, on the 6th of August, at the station-house, which was mine - I had not missed it before - I had seen the tea-spoons and gown safe half an hour before I left her in the apartment.

THOMAS BROOKE . I am a pawnbroker. I have a great coat and a suit of black clothes, which were pledged on the 5th of August, by the female prisoner, for 2l., in the name of "Jane Brown" - I gave her a duplicate - on the following morning Mr. Brown called at my house - the prisoner Thompson came to me the following evening, the 6th, and produced the duplicates, and required 10s. more on the things - I immediately gave him into custody - I asked where he got it - he said he came from the woman - I supposed he meant the woman who pawned them.

JOHN EASTAFF . I am a policeman. Thompson was delivered into my custody by Mr. Brooke - he said he met a woman in Whitecross-street who gave him the duplicate; that she had just left him, and perhaps I might find her - I went with him, and he pointed out the female prisoner coming out of a gin-shop in Chiswell-street.

ELIZABETH COHEN . I live at No. 214, Upper Whitecross-street, and keep a second-hand clothes shop - on the 6th of August Thompson came to my shop with this waistcoat, and asked 1s. for it; I gave him 8d. - I did not ask him where he got it - it would not fetch 1s. in the trade.

JAMES FRANCIS THOMPSON . I am a policeman. I was at the station-house when Thompson was in custody - he told me he had sold the waistcoat at the shop in Whitecross-street - he went with me to the shop - it had not been found out before.

MR. BROWN re-examined. The clothes are all my property - I have seen them before - the great coat is mine - I had the great coat four or five years, but I had not worn it above six times - the suit of clothes were made last October, I think - they are valued in the indictment at quite their full value - I should think 1s. less would be the value of them - the spoons which were lost were worth about 10s.

MRS. COHEN re-examined. I think this waistcoat is worth about 5s. in the trade - the great coat is worth 20s. or 25s., the trowsers 10s. - I should not think the coat worth 20s. to buy.

BECKWITH - GUILTY, of stealing to the value of 99s. only . Aged 45. - Transported for Seven Years .

THOMPSON - NOT GUILTY .

Reference Number: t18340904-9

Before Mr. Baron Alderson.

1125. The said SARAH BECKWITH and CATHERINE ROGERS were indicted for stealing, on the 26th of July , 1 sheet, value 2s. , the goods of Robert Hillback .

- HILLBACK. I am the wife of Robert Hillback. The prisoners came to lodge at my house together about three weeks before the robbery in July last, and had a furnished lodging - they went away within an hour or two of each other, and they were apprehended on another charge- I went into their apartment with the policeman, and missed a sheet off their bed.

JOHN BELSTEAD . I am shopman to Mr. Matthews, a pawnbroker - I do not remember a sheet being pawned - there was one taken in in the name of Rogers - I do not know whether I took it in, but I wrote the ticket - I was present when it was pawned - I have the ticket here - it is in my handwriting - it was pawned on the 26th of July, by the date on the ticket, but I do not remember taking it in- I have put the name of Rogers on it at the time it was pawned - I know Rogers by her pawning things at other times.

CHARLES SCOTCHMER . I am a policeman. I apprehended Rogers on another charge - I asked her how it was that the duplicate of a sheet was found on Beckwith, pawned by Rogers - she said, "I pawned the sheet at Matthews', in Whitecross-street, and afterwards gave the ticket to Mrs. Beckwith."

MARY RYAN . I am the wife of a policeman. The prisoners were brought to the station-house - I searched them, and found on Beckwith the duplicate of the sheet in question, and the duplicate of a coat.

JOHN BELSTEAD re-examined. This duplicate is in my handwriting, and so is the one I put on the sheet.(Property produced and sworn to.)

JOHN BECKWITH . What Rogers pawned was under my direction.

BECKWITH - GUILTY . Aged 45. - Transported for Seven Years longer .

ROGERS - NOT GUILTY .

Reference Number: t18340904-10

Before Mr. Baron Alderson.

1126. JOHN FRANCIS was indicted for stealing, on

the 11th of August , at St. George, Hanover-square, 1 watch, value 7l.; and 1 gold chain, value 5l.; the property of Paul Laye , in the dwelling-house of Earl Cadogan .

PAUL LAYE. I am butler to Earl Cadogan, and lived in his house, No. 16, Park-lane, in the parish of St. George, Hanover-square . The prisoner was sometimes employed about the house - I missed a gold chain and watch, on the 13th of August, about eight o'clock in the morning, out of my bed-room - I had seen them safe on Sunday, the 11th, about twelve o'clock in the daytime - I have had it six years - it is worth 7l. - I paid that for it at Paris - it was gold, and had a gold chain to it worth 5l. - they were taken together.

JAMES STEWART WALLIS . I am a pawnbroker. I have the gold watch and chain - they are worth together, in the way of trade, 6l. 10s. - they would sell for that in the trade - I know the prisoner - I remember his coming to my shop and pawning it on the 12th of August for 4l., in the name of John Francis - I asked if it was his property - he said it was, and distinctly told me he had given nine guineas for it - he was perfectly sober.

WILLIAM BALLARD . I am an officer. I apprehended the prisoner - I asked if he had been jobbing at Lord Cadogan's - he said he had - I said a watch was lost from the house, and he was suspected - I asked if he objected to my searching his apartment - he said, "No" - he was in the back parlour, and he lived in the attic - he wanted me to leave him, and go one way, and him to go the other; but I took him up with me to his room, and said, "Now, do you know any thing of the watch?" - he said, "I do not" - I looked into a drawer, and said, "Why here is the duplicate" - he said, "Let me look at it" - I found 1s. 7d. in his pocket - he said that was part of the produce, and he had spent the rest in redeeming his clothes.(Property produced and sworn to.)

Prisoner's Defence. I do not know how I got it, as I was quite intoxicated by half a pint of whiskey, which a gentleman gave me to drink where I went to take a portmantean - I got home, and they put me to bed - next morning, I found the watch in my pocket, but I know nothing about it.

GUILTY. Aged 40. - Recommended to mercy by the Jury . - Transported for Life .

Reference Number: t18340904-11

Before Mr. Justice Williams.

1127. GEORGE OAKLEY was indicted for feloniously breaking and entering the dwelling-house of Thomas Courtney , on the 15th of July , at St. Clement Danes , and stealing therein, 2 silver tea-spoons, value 6s.; and 1 knife, value 6d.; his goods .

( The evidence in this case will be found in the report of the prisoner's second trial, in the New Court, on the sixth day; the Jury being of opinion that he broke into the house with intent to steal only, he was on this indictment ACQUITTED .)

Reference Number: t18340904-12

Before Mr. Baron Alderson.

1128. FREDERICK JOHN SHEPHERD was indicted for stealing, on the 10th of May , 1 pocket-book, value 1s.; 1 purse, value 1s.; 25 sovereigns, and 1 £5 Bank-note; the goods and monies of Richard John Cox White , his master, in his dwelling-house .

RICHARD JOHN COX WHITE. On the 10th of May, I carried on business in Addle-street, Cheapside - the prisoner was my errand boy , and slept in Addle-street - I went to Croydon on the 10th of May - he knew I was going, as I sent him to inquire about the coach - I did not direct him to go to my house in Spencer-street; but I told him to go over the water, into Surrey, to see a workman, and to come to my house on the following morning, (Sunday,) in Spencer-street , as usual, to clean the boots and shoes, and I would pay him 4s., which was the balance of his wages - I returned from Croydon the same night - I had left in my bed-room a pocket-book, and a red silk purse, with twenty-five sovereigns, a £5 note, and three duplicates in it - I saw them all safe on the Friday evening - I did not go to see if they were safe till the Saturday following - it was all gone then, the money, and purse, and duplicates, and £5 note - I had previously found the pocket-book in Addle-street, under the bed the prisoner slept in - he had left when I returned from Croydon, on the Saturday night, and I saw no more of him - he was taken into custody about the middle of June - he gave himself up - I had made every inquiry about the property, and have not recovered any thing but the pocket-book.

Prisoner. Q. When did you lose your money? A. I missed it on the Saturday following - it was there the Friday night before you absconded - it was my money - I never said it was my mother's money - I rent the house in Spencer-street - my mother lived there, but I rent it - nobody slept in the house besides myself and mother - my grandmother, Mrs. Stevens, might sleep there occasionally - I cannot say whether she slept there from the time you left till I found out my loss - when I removed out of Holborn I lost the keys of the drawers and my cash-box - I lost them in Holborn - I was the last person in the house in Holborn - Mrs. Stevens swept that house out - she and I were together when we found the pocket-book - she saw it fall in removing the bedstead, and took it up, and gave it to me, saying, "Here is a pocket-book" - I saw her pick it up - I was removing from Addle-street at the time - she was nearer the pocket-book than I was - she has cleaned out the house for forty years - she was an occasional servant - I never saw my keys after I left Holborn - I had no doubt about the prisoner's character before - I moved the bedstead in Addle-street in the course of the afternoon.

Prisoner. Q. The bedstead was not in the house at nine o'clock in the morning? A. That may be, for I will not be certain whether it was Friday or Saturday, but I know it was found under the bedstead the last day that I moved away, and to the best of my knowledge, it was the 17th - Mrs. Stevens saw the pocket-book first - there was not the twinkling of an eye - she might see it first - she and I were together - I had received 26l. from Mr. Stewart, in Ratcliff-highway - the pocket-book looked as if it had been flung underneath the bedstead - it was rather dirty - it was a little dusty.

Prisoner. Q. Did I never say I would leave your service? A. Yes; and afterwards asked me to let you stop again - I have no recollection of your telling me you would not stop - I swear I told him to come on Sunday.

Q. Had any body else been at the warehouse during the week? A. Not that I know of.

COURT. Q. What keys did you miss in Holborn? A. The keys of the drawers the property was in, but my mother had a key which would open it, and I did not pay much attention to it.

CHARLOTTE STEVENS . I am the wife of John Stevens , who is a porter. I occasionally work for Mr. White - I was at his house on the 10th of May, the day he went to Croydon - after he was gone, I let the prisoner into the house in Spencer-street - he told Mr. White's mother he had come to clean the windows by Mr. White's orders - I let him go up to the bed-room for that purpose - he was up there ten minutes or a quarter of an hour - he then went down to clean the back parlour window, but said he could not clean it because the sun was on it - he went away directly - I suppose he was in the house a quarter of an hour or twenty minutes - I was present on the Saturday following in Addle-street, and picked up the pocket-book - I never saw it before, to my knowledge - I had not been at Addle-street the whole of that week.

Prisoner. Q. Did I go into the room the money was in? A. You went up stairs - I won't take my oath you went into that room - I did not take my oath of that.

COURT. Q. Which room did he go into? A. I cannot say - there are two rooms up stairs, and they were both open - I could not swear which room he went into - I am certain he went up stairs, and was up there a quarter of an hour - it was after tea that I moved the bedstead in Addle-street - I saw the pocket-book first - Mr. White was standing by the bedstead at the time - I picked it up, and gave it to him - I cleaned out the bed-room where the money was on the Saturday before the prisoner went up - I did not sleep at White's on the Saturday night - I did not say so at the office - I dare say I slept there in the course of that week, as I slept there very often, but I cannot call to my recollection - the pocket-book was lying under the bedstead - I pulled the bedstead out, picked it up, and gave it to the prosecutor - he said, "It is my book, I wonder how it came here" - it was dusty - the prisoner did not clean the bedroom windows - he came down and said he could not, as the sun was on them.

Prisoner. Q. Who cleaned out the house that Mr. White ran away from in Holborn? A. I do not know what you mean by running away - I cleaned the house before Mr. White left it - I swept part of it out - I did not find the keys there - I swear you told Mrs. White that Mr. White had sent you to clean the windows.

Q. Did I say I had nothing else to do, and had come to do them, as it was the last time I should do it? A. No.

HENRY BERESFORD . I am a police serjeant. The prisoner came with a policeman to the station-house about one o'clock on the morning of the 18th of June - he said he had come to give himself up for stealing several sums of money, but he was perfectly innocent - I booked the charge against him, and in the morning, when he was brought to go to Worship-street, he said he meant to retract what he had said about his innocence yesterday, and to plead guilty - I said I could not hear that, but if he said he was guilty, he might as well tell me where the property was - he said he had thrown the duplicates down a privy in Addle-street.

Prisoner. Q. Did I say it was for stealing money? A. Yes, you did, and said I should find it in the Hue and Cry. I went, by the order of the magistrate, and examined the privy in Addle-street, but the soil was so thin, any thing would perish - there were two privies communicating with one vault, at least seven feet deep - it was impossible to find any thing.

Mr. WHITE. I lost some pawnbroker's duplicates.

Prisoner's Defence. About the latter end of February, I went to live with the prosecutor, who then lived in Holborn - about March, he told me he was going to run away - he asked me to assist him - I said I would, if it would not get me into disgrace - he said it would not - I removed his goods to No. 46, Spencer-street, and his stock to Addle-street - after that, he asked if I had any objection to going about the streets to sell them at different shops, and he would allow me something - I did so, and sold some - I went to Mr. Saunders, in Ratcliff-highway, and got rid of the whole stock for 25l. - he received the money himself, after which, he was thrown into prison - I went every where to seek to get him bail, and on the Wednesday or Thursday he was liberated, and went into the country till the 7th or 8th of May - while he was away, I quarrelled with his mother - I told her I meant to leave, as she called me names - he seemed sorry, and when White came home he quarrelled with his mother about it - I told him I should leave on Saturday, and on Saturday I did leave accordingly - I met a person that I knew, who said he was going into the country to sell some goods - he asked me to go with him - I said I could not leave that night, as I must shut up the place - he said, "Does your master owe you any thing?" - I said, "Yes," - he said, "Never mind, leave the key in the house, and so as you take nothing away, nothing will be hurt." - I went with him to Canterbury, and quarrelled with him because he would not pay what my master owed me. I returned to London, heard this charge was against me, and I immediately gave myself to the policeman - the policeman said nothing, at the examination, about my pleading guilty - I assure you, I am perfectly innocent.

- SHEPHERD. I am the prisoner's sister. Mr. White called on me three times about the money - the first time, I was not there; the second time, he called where I was employed, and a City policeman with him - he said my brother had robbed him - the policeman said it was 25l. in money, and 5l. in value - he said the money was his mother's - that he went to ask his mother for 5l., and his mother went for the money, and it was gone - the policeman was a dark man - he is not here.

NOT GUILTY .

Reference Number: t18340904-13

First London Jury, before Mr. Recorder.

1129. THOMAS WETHERSBY was indicted for stealing, on the 6th of August , 1 sovereign , the monies of Daniel Beckham .

DANIEL BECKHAM. I live in Green-arbour-court, Old Bailey, and conduct the business of Knight and Co., Typefounder s. The prisoner was in our service - on the 6th of April I gave him a sovereign to take to Mr. Morley, of

Covent-garden, and told him to make haste back - I never saw him again till he was taken into custody - I gave him two bills to deliver to two persons - on inquiry I understood one of the bills was covered with mud, as if he had let it fall.

Prisoner. I was making the best of my way to the place - when I got near it, I put my hand in my pocket; I found I had a hole in my pocket, and the money was gone - I was afraid to go back.

CHARLES RICHARD MORLEY . On the 6th of August I received no money from the prisoner - I did not see him.

THOMAS PERRING . I am a policeman. On the 10th of August. I apprehended the prisoner in White Horse-alley, Chancery-lane - when I got to the station-house, I said he was charged with taking a sovereign - he refused at first to give his name or address - at last he gave his name, and said he received the sovereign from his master, and had lost it - I found no money on him - I examined his pockets - there was no hole in the pocket the night I searched him - but, on Monday, before the magistrate, there was a hole in his right hand breeches pocket - I am certain it was not there before - he had the same trowsers on as when I took him - he did not tell me how he lost the money, when I took him, but, before the magistrate, he pulled his pocket out, and showed the hole in it.

DANIEL BECKHAM re-examined. I found he had delivered the bills - I never sent him out with money before - he was about six weeks in my employ.

Prisoner. I am sorry it has happened so, but I lost the money.

NOT GUILTY .

Reference Number: t18340904-14

1130. HENRY KIMBER and JOHN LARKIN were indicted for stealing, on the 16th of July , 1 handkerchief, value 2s., the property of William Dadley , from his person .

WILLIAM DADLEY. I am a solicitor , and live in Church-row, Newington. On the morning of the 16th of July, I was standing at the end of Farringdon-street and Fleet-street , waiting for the carriages to pass - I suddenly felt something at my pocket - I immediately turned round and saw my handkerchief in the hands of Larkin, who was close to me on my left side - I took it from him, and took him into custody - I gave him to an officer afterwards - the other prisoner was standing behind me - a person was standing by my side, whom I requested to go after him and take him, which he did.

WILLIAM HILDITCH . I live in Princes-street, Edgeware-road. At the time in question, I lived at Robinson's, in Paternoster-row - I was at the corner of Fleet-street - I saw Kimber take the handkerchief from the prosecutor's pocket, and hand it over to Larkin - Kimber was taken on the spot.

WILLIAM McLENNAN (City policeman No. 4). I took the prisoners in charge - I have the handkerchief which I received from the prosecutor.(Property produced and sworn to.)

Kimber's Defence. I know nothing of Larkin - I was never in his company.

Larkin's Defence. I was passing up Farringdon-street. I stopped to let the coaches pass - that gentleman turned round, laid hold of me round my neck, and accused me of taking the handkerchief - the other gentleman came to the Compter, and said the property was found on me.

KIMBER - GUILTY . Aged 18.

LARKIN - GUILTY . Aged 18.

Confined for Six Months .

Reference Number: t18340904-15

1131. DANIEL MULLINS was indicted for stealing, on the 15th of July , 1 handkerchief, value 1s. 6d., the goods of William Fisher , from his person .

WILLIAM FISHER. My office is in Copthall-court, Throgmorton-street. On the 15th of July, I was on London-bridge , between two and three o'clock in the afternoon - there was a slight crowd - as I endeavoured to pass through I felt a pressure or twitch at my pocket - I turned round immediately and discovered the prisoner tucking my handkerchief into his trowsers pocket - I saw the end of it - I seized him immediately, and gave him into custody with it.

JOSIAH EVANS . I am a street-keeper. I have the handkerchief which I received from Fisher.(Property produced and sworn to.)

Prisoner's Defence. I was walking home over London-bridge, looking for a job of work - I picked up a handkerchief - I did not know who it belonged to - I put it into my pocket - the prosecutor turned round, followed me and gave me into custody.

GUILTY . Aged 18. - Confined for Six Months .

Reference Number: t18340904-16

1132. CHARLES GAME was indicted for stealing, on the 11th of August , 1 unmade frock, value 1s.; 2 shillings, and 4 sixpences ; the goods and monies of William Simmonds .

Two other Counts, stating it to belong to William Matthews , and John Titchmarsh .

JOHN TITCHMARSH. I am the driver of the Southgate stage , and have the charge of parcels in the stage - I came to town with my stage to the Flower Pot, in Bishopsgate-street , on the evening of the 11th of August; I lost a parcel but I did not know what it contained - it was not directed - I was to give it to Mrs. Simmonds.

GEORGE ELY . I am a cheesemonger. I was near the Flower Pot, on the evening of the 11th of August, at seven o'clock, and saw the prisoner take a small paper parcel out of the front boot of the prosecutor's coach, and put it into his pocket - I informed the last witness when he missed it.

ROBERT BRITTON . I keep the Marlborough Head, in Bishopsgate-street Within. On the evening of the 11th of August, about ten minutes after seven o'clock, I saw the prisoner at my house - he came in at a quick step through the passage of my bar - it is a small room which I have, where the stage coachmen leave their coats - I saw him go out - he was in the habit of coming in for passengers - about a quarter of an hour afterwards, I went into the room with a light, and found a small parcel, which I produce, underneath the seat, in a place where he had placed a pair of trowsers in the morning, which were given him by a coachman - he had made an excuse to go in and fetch them out.

EMMA NICHOLLS . I made up a paper parcel to send by the coach on the 11th of August - this is it - it contains an unmade frock, four sixpences, and two shillings - it was to be sent to my sister, who is the wife of William Simmonds - William Mathews is the coach proprietor .

Prisoner's Defence. I am in the habit of meeting this coach, and several others, to help passengers out - I gave them several parcels - the passengers were all gone off, and I went away to get my small-clothes from this room to take to the tailor's.

GUILTY .* Aged 32. - Transported for Seven Years .

Reference Number: t18340904-17

1133. CHARLES FIELD was indicted for stealing, on the 20th of June , 1 mare, value 2l. 10s. , of Mr. Hurrell, his property.

WILLIAM HURRELL . I live in Red Lion-yard, Warner-street, Clerkenwell. I am a hackney-coach master . On the 20th of June, I had a mare in Smithfield - the prisoner was not in my employ - I have seen him washing coaches about - I told him to mind my mare, while I went to try to make a chop with another man - I was gone about a quarter of an hour or twenty minutes - when I returned, he was gone with the mare - it had a halter on - I saw the mare again in about half an hour, tied up at a place on the other side of Smithfield - I went into the public-house, thinking he had gone to get something to drink, and in the meantime the mare was taken away, and a horse which was with it - I have seen it since; he was taken on the 10th of July - it was worth 50s., or 2l.

Prisoner. Q. Did you not send me to a man named Fletcher, in Windmill-street? A. Yes - I did at the beginning of that afternoon, before the market commenced.

Prisoner. Q. I was to tell him I was to take the mare to Smithfield, and offer it for sale, and if you were wanted, I was to come to the Ram Inn, and let you know? A. No; it is no such thing - I did not commission you to sell it - you brought it from the yard, but then you gave it to me before you got to the market; you brought it by my direction from Turk's Head-yard - when I left him in charge, I told him not to move from the spot till I returned.

Prisoner. I had it on the Friday before, and could not get the price for it. Witness. I never commissioned him to sell it - he held it on Friday night, while I went into a public-house to get something to drink - I did not tell the magistrate if he had brought me the money, I should have been satisfied - I never told him he might sell it for me.

WILLIAM MILLS . I am a chimney-sweeper, and live in China-court, Lambeth-walk. I saw the prisoner in Smithfield on Friday, about half an hour before shutting-up time - I bought a bent-legged old hackney-coach mare of him in Smithfield - I asked him the price - he asked 45s. for it at first - I bid him 35s. - I then came round again, and bid him 2s. 6d. more - at last, I bought it for 2l., all but 1s. - I sold it to Mr. Hadden, the horse-slaughterer, for 2l. 2s. before I had it two minutes - it was about fifteen hands and an inch high - the prisoner told me that he came from Red Lion-yard, Warner-street - but he did not tell me any name - that is where the prosecutor lives - he told me he dared not take under 2l. for it.

THOMAS HADDEN . I am a licensed horse-slaughterer - I bought a mare of Mills, on the 20th of June, for 40s. - I took it home - it was a bay mare, fifteen hands high, with a star white nose, and two white legs behind, and a switch tail.

WILLIAM HURRELL re-examined. That answers the description of my mare, in every respect - it was not good for much but to kill.

COURT. Q. Are you quite sure you had not employed him to sell the animal, if he could meet with a purchaser at 2l.? A. No; I had not authorized him at all - I never told him what I would take for it - he might have heard, but not from me - I should have taken that sum for it - he never sold a horse for me, nor ever assisted me in making a sale.

(The prisoner had put in a written defence, stating that the prosecutor had employed him to sell the horse, which having done, he went to a public-house with the purchaser, and got intoxicated; that he lost the money, and was afraid to return; and that the prosecutor had employed him the week before to sell it for 50s.)

WILLIAM HURRELL re-examined. I should have asked 50s. for it the week before, but nobody asked the price - I had not told the prisoner so, but he might have heard it from other horsekeepers in the yard - I brought it back myself the week before - the prisoner had not charge of it then, except for about ten minutes, while I went into a public-house - he had not led it to market the week before - I took it myself, and met him in Smithfield - I engaged him to look after it, while I went to get something to drink - I asked 40s. for it at the time in question.

Prisoner. Mills heard the prosecutor say he would have been satisfied if I had brought him the 40s. Prosecutor. I never said so, to the best of my knowledge.

WILLIAM MILLS re-examined. I heard the prosecutor say he would have taken 40s. for it, if the prisoner had brought it - I bought it in Smithfield, nearly two hours after the prisoner had sold it.

NOT GUILTY .

Reference Number: t18340904-18

1134. GEORGE HEYWOOD was indicted for bigamy .

MESSRS. ADOLPHUS and STURGEON conducted the prosecution.

HARRIET BURTON . I have a sister named Mary Heywood - I was present at her marriage with the prisoner, at the parish church of St. James, Bristol, in February, 1821- my father was present - he is since dead - I saw my sister yesterday morning alive - they lived together as man and wife for some years.

Cross-examined by MR. PHILLIPS. Q. I am obliged to put question which I am sorry for. - How long did you know the prisoner and your sister live together? A. I cannot exactly state the length of time; seven or eight years, I should say - they lived together seven or eight years without separation - she was in a good state of mental health all that time - I think it was about seven years ago that she was ill, in consequence of a fright - she had a kind of fever - her mind was alienated at the time for a short time - I knew her constantly; after her marriage she was in an asylum for a short time; about two months, I believe - her family never considered it necessary - she was not confined by medical advice, and that I know of - she was never but once in an asylum, and that was for six or eight weeks - I did not go to visit her during that time; other branches of the family did - I never saw her; I was

four miles from her - my other sister went to see her - I cannot tell in what state she was - I believe my sister that did go to see her is in London - I saw her five minutes ago - I have more sisters than one, and I am not quite certain whether it was the one who is here, or the one who is at Bristol - I think it was my sister Louisa, but I am not certain - she was dismissed in health - the prisoner afterwards travelled with her.

MR. ADOLPHUS. Q. Did you go with them or know any thing about it? A. No.

MR. PHILLIPS. Q. Which of your sisters are here? A. Louisa; I have a sister who is not here - I think the prisoner and my sister lived together as long as seven or eight years; as far as my belief goes, that was, uninterruptedly.

Q. Will you undertake to swear her mental aberration did not frequently separate them in that time? A. Never; I was acquainted with her all the time - they were living near Bristol for seven or eight years, I think - I was living in Bristol - my sister went to Foxhill, I understood, on a visit - I know nothing more of it - I know she went to his mother's - I had no home to take her to; our family would gladly have taken her.

Q. After she travelled, did any of her family claim the care of her to relieve her health? A. She was considered well when she returned from travelling, and managed her own house - I saw her a day or two before she went to Foxhill - I think that is about six years ago - during the last six years she has been under the roof of her father and mother - she was not separated from her husband in consequence of her mind - she came to our house by invitation, to spend six weeks, and she has remained with us ever since - I really cannot say how long she was living with the prisoner's mother after her confinement; I know she was there; I cannot recollect how long.

Q. Cannot you form a belief whether she was there a month or a year? A. I cannot state any further - I did not go to see her, but other parties did - I was about forty miles from her, and could not leave - it might have been two years.

COURT. Q. Where were you when she was with the prisoner's mother? A. At home with my mother and father - she might be there twelve months, I could not positively answer that question - I have written to her during that time, and answers have come - I cannot say I have received answers, but my mother has - I have not received answers myself to my letters.

MR. ADOLPHUS. Q. Your sister was ill seven years after her marriage, and went to an asylum? A. Yes; she was there six or eight weeks - it was her own husband placed her there - I had nothing to do in it.

ELIZABETH ANN DAWE . Dorothea Wells was married in my presence, at Charlton Kings, Glostershire, near Cheltenham , to the prisoner, on the 24th of December last - she was a widow then - I had known her from the July before.

Cross-examined by MR. BODKIN. Q. What were you? A. I was living with her as servant - I first became acquainted with her in July - I was very much in her confidence about the courtship - she saw him at Leamington - I was not sent after the prisoner - I do not know where he lived - she saw him at IIfracombe, in Devonshire - I was with her there, and that was the first I knew of it - I only saw them together once or twice before that - he left that place, and I rather think he travelled - he did not live at IIfracombe, nor did Mrs. Wells - I do not know where he went - I saw him at Leamington - I went there with mistress, but not after him; she went home to Cheltenham, where he lived - she went to Leamington on business, I believe.

Q. On your oath, do not you know that she went there for the express purpose of meeting the prisoner? A. I do not know - she went there, and I went with her as her servant - the marriage took place perhaps three or four days after that - they were married at Charlton Kings, near Cheltenham - Mr. Heywood returned part of the way from Leamington with us, and three or four days afterwards he married my mistress - I think she was about forty years old- I do not know how long she had been a widow - I should think ten or twelve years.

Q. Did not you know that Mr. Heywood had a wife living at that time? A. No; I will swear I never heard it mentioned - he called himself George Heywood, widower, at the church, and where he bought the license - I have heard a conversation between him and my mistress on the subject - many letters passed between them when he was in different parts - he was a traveller - he has been living in London lately, and carrying on business - I have not known him six or seven years.

COURT. Q. Have you any reason to know Mrs. Wells knew he had a wife? A. To the best of my knowledge she thought him a widower.

MR. ADOLPHUS. A. What was Mrs. Wells? A. She kept a ladies' school in Cheltenham, and had the appearance of respectability and property - I have heard the prisoner say he was a traveller - she gave up her establishment at Cheltenham, when they were married - her goods and effects were sold after the marriage - I am not living with her now - I rather think she is in Wales, with some friends, but I cannot say- her father is in London - her brother is a clergyman of the Church of England - I have heard her ask the prisoner how long ago his wife died - he said about five or six years - I heard her ask him where she was buried - he desired her not to say any thing on the subject, for it was a very disagreeable one to him.

COURT. Q. And on that did she make any more inquiry? A. That I do not know.

MR. BODKIN. Q. Do you know your mistress's handwriting? A. I could not swear to it - this is very much like hers (looking at a letter).

JOHN BUCKHURST . I am a policeman. I apprehended the prisoner in Mr. Todds' warehouse, in the Ward of Vintry, in the City, on the 30th of July.

Cross-examined by MR. BODKIN. Q. By whose desire did you take him? A. Mr. Wells, the brother, I understood, of the last wife - the second wife is no party to the prosecution - the prisoner was carrying on business at Mr. Todds' warehouse - he lived in a street going out of Hackney-road - he was living there in apparent comfort with his second wife.

COURT to MISS BURTON. Q. Was your sister single at the time she was married to the prisoner? A. Yes - the marriage took place in February, 1821.

REV. GIFFORD WELLS . I am a clergyman of the Church of England - I have two papers, one a copy of the marriage register of the parish of Mary-le-port, Bristol, which I examined myself, with the register, in a room annexed to the church - I have a copy of the register which I examined with the marriage register, in the parish church of Charlton Kings, in the vestry-room (read).

Cross-examined by MR. BODKIN. Q. You are the brother of the second wife? A. I am - I first heard of her marriage about March or April - I recollect I went to Cheltenham at Easter, and received a letter from my father on the subject - I do not live in London - when I heard it from my father, I was staying at my brother-in-law's house - I do not know whether my father wrote to me or him - it was about Easter - I do not know when my father knew of it - it was not above a day or two before I did, to my knowledge - the match did not meet with the concurrence of my family, for I have seen a letter from the prisoner to my father wishing his consent, and a letter from my father refusing it - the marriage was not known to the family at the time it took place - Mr. Heywood afterwards went to my father's house, and was received, because the marriage had taken place, and could not be prevented - whether he carried on business I cannot say - no complaint was made to any of the family of any ill treatment towards my sister.

Q. Are you the prosecutor of this indictment? A. I hardly know how to answer that.

COURT. Q. Do you know the prosecution is not conducted at your sister's instance? A. It is not, but she has told me, since it was commenced, that it was with her approbation and consent.

MR. BODKIN. Q. Tell me if these letters are her handwriting? A. This I believe to be so - this, and that I believe to be so - but it is more regularly written than she usually writes. It was in my father's house at Highgate, that she told me she was consenting to the prosecution, the night before we last appeared before the Lord Mayor; in the presence of my eldest married sister - I will not be certain whether my mother was present or not - she was not sent away from my father's house - she has left the house for a very proper reason.

Prisoner's Defence. The unhappy insanity of my first wife deprived me of her society - I provided for her by putting her under the protection of my mother, with whom she lived till her own friends desired she might live with them - I was separated from her in consequence of her malady for nine years past, part of which time I certainly received her back, and took a house for her at the sea side, and took her about in the hope of restoring her; but the malady came on to such an extent, I was obliged to separate from her. I accidentally met with Mrs. Wells on board a steam-packet - a reciprocal attachment was formed, and being advised that seven years' separation from my first wife would justify me, we were married. Mrs. Wells was acquainted with my first marriage and its result, as she would unhesitatingly tell you if she was here - I have continued corresponding with her in prison for the last month or five weeks, and at this moment I have a letter from her from North Wales, which I do not bring forward, it not being evidence - if her letters were read you would be fully aware that the prosecution was not at her instance. It has been supposed that I formed the marriage from sordid views - this I solemnly deny. Mrs. Wells honestly informed me of her situation, and since I have lived in London I have paid several of her debts - she informed me her family were not rich, and I must not expect property, for her father had failed some years ago, and though she had relations of fortune, I might think they were a lucrative family, but it was not so, and she would not deceive me - if, however, there remains a doubt in your mind as to the affectionate terms on which we lived, her letters would convince you of the attachment between us - the prosecution is entirely against her consent, and by those from whom other treatment might be expected. I had just taken a school for her in the Hackney Road, and employed myself as an agent in London - we had a prospect of a good school - the afternoon before I was taken, I found she had been taken away clandestinely by her brothers, as she informs me - they promised that she should return that night, and only wanted to see her on family business. Though I acted erroneously, I hope you will do me justice, and deal to me a merciful consideration, bearing in mind the disgraceful situation this prosecution has brought on me, being dragged from my employer's counting house at an hour's notice. I have a little family entirely dependent on my exertions.

GUILTY . Aged 36. - Confined Six Months .

Reference Number: t18340904-19

1135. CHARLES LEWIS was indicted for stealing, on the 11th of July , 1 handkerchief, value 1s., the goods of Charles Mares , from his person .

CHARLES MARES. I live in New Bridge-street, Blackfriars. On the 11th of July I was in Farringdon-street , between six and seven o'clock; an officer spoke to me, and I found I had lost my handkerchief, which was shown to me afterwards by the officer.

WILLIAM HOWELL . I am an officer of St. Bride's. On the evening of the 11th of July, I saw the prisoner and two others following the prosecutor, who had a lady with him, in Farringdon-street - I saw one of those who has escaped take a handkerchief from the prosecutor's pocket, and pass it over to the prisoner, who received it from him - they were all three behind the prosecutor - I went up and told the prosecutor, and immediately went after them - they went different ways - I secured the prisoner in Fleet-street, at the corner of Bride-lane - I took him to St. Bride's watch-house, searched him, but found nothing on him; but as we went to put him into the lock-up-room, I found the handkerchief down by where he stood.(Property produced and sworn to.)

Prisoner's Defence. I have for the last two years been in the service of Donna Maria at Portugal - I received several wounds, and not a farthing of wages since I came home, which drove me to do what I have.

GUILTY. Aged 23. - Recommended to mercy, supposing it to be his first offence . - Confined Six Months .

Reference Number: t18340904-20

NEW COURT. - Thursday, September 4th, 1834.

Third Middlesex Jury, before Mr. Common Sergeant.

1136. JAMES PURKIS was indicted for stealing, on the 4th of August , 1 mustard-pot, value 1s.; and 1 vinegar-cruet, value, 1s.; the goods of William Taylor Copeland and another, his masters ; to which indictment he pleaded GUILTY . Aged 24. - Confined Eighteen Months .

Reference Number: t18340904-21

1137. CHARLES WALLIS and HENRY WALLIS were indicted for stealing, on the 3rd of June , 1 shirt, value 2s.; and 2 handkerchiefs, value 1s. , the goods of James Eusten .

JAMES EUSTEN. I am a cow-boy , and live at my master's, No. 29, Lisson-street . On the 3rd of June I had two handkerchiefs and some shirts in the loft - I saw them safe at nine o'clock in the morning - I then went to the field - I returned about one o'clock, and missed them - I came down, and saw Charles Wallis, and one of his companions - I went by the side of Wallis, and saw a handkerchief in his pocket - I went round him, and saw another handkerchief in his other pocket - I asked him if he would sell them - he said, "Yes; one for sixpence, or the two for a shilling" - they were my handkerchiefs - I told him to wait till I got a shilling from my master, and I got an officer.

THOMAS HARRISON (police-sergeant D 13). The prosecutor called me - I took Charles Wallis, and found these two handkerchiefs in his pockets - I said, "Where are the shirts?" - he told me something, and I went and took Henry Wallis in Portman-market with this shirt - I asked him where he got it - he said he bought it on the Saturday before in Edgware-road.(Property produced and sworn to.)

Charles Wallis's Defence. I was in Mitcham-street: this boy came and asked me if I would sell these handkerchiefs, which my brother Henry had given me, and said he had found them.

Henry Wallis's Defence. I bought the shirt on the Saturday: I know nothing of the handkerchiefs.

CHARLES WALLIS - GUILTY . Aged 18. - Transported for Seven Years .

HENRY WALLIS - GUILTY . Aged 17. - Confined Three Months .

Reference Number: t18340904-22

1138. JOHN WEAVER was indicted for stealing, on the 14th of July , 1 hammer, value 1s. , the goods of Archibald Leighton .

ANDREW GOOLDEX CHITTENDEN . I live with Mr. Archibald Leighton. On the 14th of July the prisoner came to his shop - this hammer was on a shelf there - he looked at it - I took him home to tea with me, and we missed a handkerchief from my house - in consequence of that, he was taken the same night, and this hammer found on him.

Prisoner's Defence. I had been in the prosecutor's employ, and when I quitted, I left a hammer and some other articles there: I took this hammer, supposing it was the one I had left there.

NOT GUILTY .

Reference Number: t18340904-23

1139. JOHN WEAVER was again indicted for stealing, on the 20th of June , 1 shirt, value 4s.; 1 pair of shoes, value 4s.; and 2 handkerchiefs, value 1s. 6d. ; the goods of Henry Cowley .

HENRY COWLEY. I am in the employ of Mr. Hurst, and the prisoner occasionally worked for him. On the 20th of June, I had some shoes in my master's kitchen - my waistcoat and handkerchief were in my box - I lost them.

ISAAC GIBSON (police-constable C 207). I took the prisoner, and found eighteen duplicates on him, which led me to the pawnbroker's, where this property was found.

HENRY HAMPSTEAD . I am a pawnbroker. On the 17th of May, the prisoner pawned these two handkerchiefs with me - on the 29th of May, he pawned this waistcoat - I gave him these duplicates.(Property produced and sworn to.)

GUILTY . Aged 20. - Transported for Seven Years .

Reference Number: t18340904-24

1140. CHARLES WILLIAM POULTON was indicted for stealing, on the 21st of August , 1 handkerchief, value 2s.; and 1 pair of gloves, value 1s.; the goods of William Symmons , from his person .

WILLIAM SYMMONS. I was going along Albermarle-street , on the 21st of August, about eight o'clock in the evening - a person called to me that a boy had picked my pocket - I missed a handkerchief, and a pair of gloves - these are them.

CHARLES MCELVEY . I was in that street - I saw the prisoner run - I heard a cry of "Stop thief," and I stopped him, with this property in his hand.

Prisoner's Defence. A man took them and gave them to me.

GUILTY . Aged 12. - Transported for Seven Years .

Reference Number: t18340904-25

1141. RICHARD MARSH was indicted for stealing, on the 12th of July , 1 snuff-box, value 3l., the goods of James Reid , from his person .

JAMES REID. On the 12th of July, I was in King-street, Golden-square - I had my snuff-box in my pocket - a girl called to me that my pocket was picked - I felt, and missed my snuff-box - I went to the office and saw it- this is it, it is worth 3l.

CHARLES THEOBALD . I was in Maddox-street, and saw the prisoner running - I stopped him - a person came up, and said he was going to fight him - I let the prisoner go; but a boy came up and said he had picked a gentleman's pocket - I ran and caught him by the back of his collar - he fell down, and this snuff-box fell from him - I took him to the office.

Prisoner's Defence. I was going on an errand for my mother, and a man let this box fall - I took it up.

GUILTY . Aged 16. - Confined One Year .

Reference Number: t18340904-26

1142. FRANCIS BURTON was indicted for embezzlement .

Messrs. ADOLPHUS and BODKIN conducted the Prosecution

MARGARET CANHAM . I live in Berner's-street, Oxford-street - I am a widow , and am the sole proprietor of De Velno's Vegetable Syrup - the prisoner has been in my

service about nine years, since my husband's death, and he was with him about two years - I have intrusted the mercantile part of the business to him - I paid him a salary of 100l. a year, quarterly - I have some houses, the rent of which he had to collect - Messrs. Sutton, of Bow Church-yard, dealt with me for this medicine - this book is called the ready money book, and this the small diary - here is an entry of the prisoner's, on the 6th of June, and again on the 10th, but no entry on the 7th - if he had received any money on the 7th - it would have been his duty to have entered it in the book, and given the money to me - here is no receipt of 5l. 8s. from Messrs. Sutton, at any time, and he never paid me that sum - I have a tenant named Jarvis, whose house of business is in Long-acre, and who resides in Percy-street - his quarter's rent was 26l. 5s. - the prisoner always collected it, and should have paid it to me - he entered it in this book - here are his entries, with"M. C.", which is my signature, to them, but the last quarter's rent he has not entered, nor has he accounted to me for it in any way.

Cross-examined by Mr. PHILLIPS. Q. What was this man to you? A. He was nothing more than a clerk - I am in the habit of lending out money at interest - I do not know that the prisoner has negotiated a loan with any nobleman - Mr. Carland, my solicitor, has done it - there was property in the country to the value of 400l., for which I could not get my money - I was advised to send some person down to buy it, and make it over to me - I sent the prisoner down - I do not know that it was made over to the prisoner absolutely, though I am sorry to say I have been very negligent, from the confidence I put in him - I believe the property was not made over to him entirely - the deed may be at home, but I have not got it here - the person who resided in the country, was Mr. Browning - I asked the prisoner whether he had received the money of Mr. Jarvis - I told him I found he had received it - he put his handkerchief to his face, began to cry, and said he hoped I would not be severe with him - I said, "I find you have received this money," and he said he had, or something to that effect - he has not been in the habit of receiving a commission on what he sold - he wanted an increase of wages a few months ago - I said, "I will not increase your wages; but if you write a good advertisement for me, I may remunerate you with a few shillings" - I never intended to give him any commission on what was sold - if he had written a good advertisement, I should have given him a few shillings, whether I had sold a bottle or not - I do not think he wrote more than one advertisement, and I believe that was chiefly one that had been written before - I am not aware that I have made several mistakes in my accounts - nor that the prisoner paid me a sum of money in advance before he had received it of Mr. Eccles - I remember the prisoner being arrested - he told me so, but did not say a word about wanting money - he did not say that, in order to get rid of it, he would dispose of an unfinished work he was writing - when I taxed him with receiving this money of Mr. Jarvis, he began to cry, and said he was doing a work, and he should get money, meaning, as I suppose, that he could return the money - I believe he did say he could get 160 guineas for the work, though it was not perfect - I said I must take the advice of my friends - I have not taken any one into the prisoner's situation, but I suppose I have had a hundred applications - I remember a mortgage with a man named Cook - he owes me a great deal of money now - I did not know that he was a tavern-keeper - his property was not purchased by the prisoner - I know a tobacconist named Maddox - I believe there was a warrant for 300l. given by him - I did not direct the prisoner to buy Maddox's goods in his own name - my solicitor might - I advanced the money to Maddox, but I did not give the prisoner money to buy Maddox's goods - I left it to my attorney - I do not think I gave the prisoner the money with my own hands - I do not recollect it - I swear I am not aware of it- I never saw Maddox's shop - the prisoner told me he had put his name over Maddox's shop after the sale, but it was not by my direction - I gave him some evasive answer, when he told me I knew he did it to prevent other creditors coming in, because I had advanced him more than he was worth.

MR. ADOLPHUS. Q. Whatever he may have done with respect to a tobacco shop, or his name being put in deeds, was he any thing to you but a servant or clerk? A. I never considered him any more - I paid him his salary regularly and quarterly.

COURT. Q. Was he employed by you, and would it have been his duty to receive the 5l. 8s. and pay it to you? A. Yes, strictly so; and it was his duty to receive the 26l. 5s. for the rent, and give it me.

GEORGE JONES . I am clerk to Messrs. Sutton and Co., of Bow Church-yard - they are patent medicine venders. We deal with the prosecutrix for Dr. Velno's Vegetable Syrup - the prisoner called as her clerk - he represented himself as such - I had paid him money before, and on the 7th of June I paid him 5l. 8s., and he gave me this receipt for it.

Cross-examined. Q. Did you ask for the receipt? A. I do not know whether I did at that time, but I always did ask for one - he gave it me without hesitation - I do not know whose writing the bill of parcels is.

MRS. CANHAM. It is the prisoner's writing.

RICHARD JARVIS . I rent a house of the prosecutrix in Percy-street, for which I pay 100 guineas a year - on the 17th of July I paid the prisoner 26l. 5s. for the last quarter's rent, and he brought me the receipt for it - it was written and signed in Mrs. Canham's name - I gave him a cheque for the money.

Cross-examined. Q. Did he bring it ready filled up? A. Yes; the cheque has been returned to me by the banker, as paid cheques are - it appears by the banker's book that it was paid on the same day it was given - (Receipt read.)

MRS. CANHAM. This receipt was written by the prisoner, and I signed it.

Cross-examined. Q. Were you not in the habit of giving him multitudes of blank receipts with your name signed to them? A. I am sorry I did so - I have no doubt I gave him this receipt signed in blank, a considerable time before the money was paid, and he repeatedly told me that Mr. Jarvis complained that he was out of cash, and could not pay - I said it was very extraordinary.

MR. JARVIS. I never said so.

- CLUTTERBUCK , ESQ. I am a magistrate of Herts. I came to Mrs. Canham's when she discovered something

about the prisoner - I spoke to him about the rent received from Mr. Jarvis - I made him no promise or threat, but asked him what he had done with the rent he had received from Mr. Jarvis, and whether he had paid it to Mrs. Canham - he said he had not, but he had received it, and that he had a wife and family, who he hoped would be taken care of.

Cross-examined. Q. Did you ask him whether it was a cheque or money? A. No - it was on the 11th of August, the day he was taken into custody.

Prisoner's Defence. In the year, 1823, I came to London, and engaged with the late Mr. Canham to manage his business - he died in 1825, and I continued with Mrs. Canham. About eighteen months ago, I had some conversation with her about my salary, and she said she would do the same with me as her late uncle had done with another person, Mr. Whittingham - allow me one shilling on every bottle sold at the full price of thirteen shillings. I regret that she should have taken this step, as the consequence is, I shall be obliged to mention some circumstances which have transpired between her and myself; but the truth is, she sold full half of the medicine without stamps. As soon as we had made our new arrangement, I put down in a book every bottle sold at full price, which book was kept in a drawer with the fruit book. The one was indorsed"Fruit Book," and the other, "Account Book," and she could not see one without seeing the other. During the last six years she has lent not less than £80,000, in sums of from £20 to £4,000, to different persons, on securities, many of which were prepared by myself - not a loan was advanced without her consulting me. I am made a party in some deeds. For some years I have not paid her the cash as I received it, but she and I settled about once a week. I have frequently lent her cash, and paid her money, when I have not received it. Had it been my intention to have robbed her, I could have done so, on several occasions, to a great extent, as I have had £3,000 or £4,000 in my pocket, for days together. I have made her acquainted with sums due to her, of which she has been ignorant; and she consented that I should employ myself in any way I pleased, provided I transacted her business. With respect to the money of Mr. Jarvis's, he told her he had paid it to me, and when she saw me again, she told me of it. I instantly said, "I have received it," and she marked it off, as paid, on a list which she kept in her pocket, of rents and debts due, for which I was to call. I never asked her for forgiveness. A new list was made out every quarter, and the balance of the old list was carried to it. She carries in her pocket a list of what receipts I had, and if she were to produce that, it would appear that she has marked that as paid. Two or three days before I was taken, she talked about a bill that was to be provided for, and said Mr. Clutterbuck would lend her the money; and he offered to lend her the money to make up the bill, which she had not the means of meeting; but Mr. Clutterbuck has been indebted to her for years, and is it likely, if he had any money to spare, that he would offer to lend her money, rather than pay off the debt? But this, and the circumstance of his coming frequently to the office and asking me how the business was going on, has led me to conclude that he wished to get me out of my situation, to introduce one of his sons into it. Mrs. Canham was aware of my being arrested, and of my being compelled to pay another debt or two. There was a balance, at that time, due to her. I told her I could pay her soon, or, if she chose, I could do it then, by disposing of a work, which I was writing, for £165; but she said she did not wish me to make such a sacrifice. She lent Mr. Cook several large sums, on different mortgages, and when he became a bankrupt, I purchased some property of his, at Garraway's, in my own name. She appears to deny that she knew of his being a hotel-keeper, but she has been there and examined the premises, and said to me, and to others, that it was very foolish for Cook to go to so great an expense in fitting up the hotel. Had any suit arisen about Cook's property, I must have been a party to it; and, about two years ago, Mrs. Canham sent me to France, with full power to act in her name: and, would she have done so, had she considered me merely as a servant? About twelve months ago, she lent Mr. Maddox £125 - he got into difficulties, and she came in under a warrant of attorney, she was in possession a few days, Mr. Selby was then called in, to value the property - Mrs. Canham then gave me a cheque on Gosling's, to receive the money, which I paid, desiring Mr. Maddox to transmit the money to Mrs. Canham - I then had the business carried on, and one of the creditors has declared his intention to indict Mr. Maddox and me for a conspiracy. Mrs. Canham also lent me £100, which I was to repay at £10 per quarter; part of which has been paid. When I entered Mrs. Canham's service, I gave a bond for £400, which Mrs. Canham still holds, and, therefore, she cannot be a great loser by me. I have written several advertisements for her - I read her three new and different ones in one day, and she expressed great satisfaction at them. I trust this explanation will prove that there has been no embezzlement on my part. I felt no obligation to account to her for money the instant I received it, but I had no intention of keeping it; and after she discovered the rent had been paid, I remained several days in her service, and managed her business.

MRS. CANHAM re-examined. Q. Do you hold a bond as security to the amount of £400? A. My late husband did, but I was informed that at his decease it ceased - when I spoke to the prisoner about this rent, he took out his handkerchief and began to cry - I have my pocket list here - I have not marked off this sum as paid - I have marked "stolen" against it - I indiscreetly allowed the prisoner to remain two or three days in my office after I discovered this.

NOT GUILTY .

Reference Number: t18340904-27

1143. FRANCIS BURTON was again indicted for embezzlement .

MARGARET CANHAM . I am sole proprietor of De Velno's Vegetable Syrup - the prisoner was in my employ as clerk - he had to collect money for me, which it was his duty to pay to me, and to enter in this book - here are a number of entries in his handwriting in November last, of monies received, and many since then, but here is no entry of any sum received of Newbury and Co., on the 29th of November - here is no sum of 16l. 6s. received from them, nor did he ever account to me for it.

Cross-examined by MR. PHILLIPS. Q. I see there are some large sums received after that? A. Yes, there are - I cannot tell to what extent the prisoner's dealings went in the course of a year - it was to some thousands of pounds - he has not been the medium through which I have lent money to gentlemen and noblemen - he may have drawn some trifling leases for me - I am not certain whether he has drawn any warrants of attorney - I cannot say to what amount he has been the means of lending out money for me - I have lent some thousands of pounds - the prisoner must know that I took him on a charge of embezzlement, but I do not know that I mentioned the specific charge of 16l. 6s., at the office - I may have found out this since - I do not recollect doing it - I do not know that I had discovered this when I saw Mr. Clutterbuck - I let the prisoner put his name over the tobacconist's shop, to prevent other creditors coming in - I have not lent money at more than the legal interest - I had no bonus - I do not know what a bonus means - I never intended to allow the prisoner a commission for selling the syrup, and never made use of any expressions to that effect.

MR. BODKIN. Q. You have been asked about the day when you saw Mr. Clutterbuck - did the prisoner then mention that he had received this sum? A. I do not think he did - I do not think I had discovered this when I charged him with the other - after he had his examination, I went to some of my customers.

ROBERT HAMBRIDGE . I am clerk to Newbury and Co. - the prisoner called a day or two before the 29th of November last, for an account due to Mrs. Canham - he produced a bill of 10l. 18s. - I told him of an omission in it of 5l. 8s., and then he brought this other bill of 16l. 6s.; on the 29th of November I paid him, and he gave me this receipt.(Read.)

Prisoner's Defence. I cannot bring it to my mind - I know nothing of it - this receipt is certainly my writing; but I have often gone into the City expecting to receive money which I was to lay out as I went home, for advertisements and other things - Mrs. Canham has frequently said, "Call at such an office, and advertise, or pay a bill," and when I have got home our accounts have been settled on a bit of paper, I have received and paid so and so - I suppose I did not enter this in the book - she has frequently omitted to enter sums which I have paid her - her porter knows that there have been many errors, and he had seen me drawing out leases and warrants of attorney, and she knows it, though she denies it - then she denies receiving bonuses, but I will name two parties from whom she has received them, and I can bring her own solicitor to prove it - the Marquis of *** and Sir *****, and they have been left with me in a blank at the door. I think she ought to be the last person to prosecute me, when she knows she has been defrauding Government so many years, by selling large quantities of medicine without stamps.

WILLIAM BUTCHER . I am porter to Mrs. Canham. I knew the prisoner in her employ - I have known him to remind her of omissions in her book - I have seen him writing on parchment, which did not belong to the syrup trade.

MR. BODKIN. Q. Did the prisoner go out to collect money? A. Yes; this is the book in which entries were made.( Thomas Reed , tavern-keeper, Cannon-street; George Henry Butler , surgeon, Goodge-street; Edward Culliford , lithographer, Bedford-street; James Gabb , a comedian, Bedford-street; John Corbett , actuary to the St. Pancras savings-bank; Thomas Cunnington , butcher, Hampstead; Henry Gibbs , carpenter and builder, Union-street, Somers-town; Stephen Tapster , Craven Hotel; Joseph Woodward , Gower-street, butcher; and Robert Clements , builder, Upper George-street, gave the prisoner a good character.)

GUILTY. Aged 27. - Recommended to mercy by the Jury on account of his character . - Confined Two Years .

Reference Number: t18340904-28

1144. PETER BRADLEY was indicted for stealing, on the 30th of July , 1 pair of sugar-tongs, value 10s. , the goods of William Crofts .

WILLIAM BURNSIDE . I am in the employ of Mr. William Crofts, bookseller , of Chancery-lane . On the 30th of July I heard the sugar-tongs rattle in a basin - I had been using them just before the prisoner came in - I went and stopped him at the door - he gave me these tongs out of his pocket.

Prisoner. I was in great distress, and had been out of a situation for twelve months.

GUILTY . Aged 22.

See Fourth Day, New Court.

Reference Number: t18340904-29

1145. WILLIAM BAGSTER and WILLIAM WARD were indicted for stealing, on the 10th of July , 1 goblet, value 1s.; 5 bottles, value 1s.; and 1 gallon of wine, value 18s. ; the goods of Williamson Booth .

MARY WEBB . I live at Mr. Linny's, in Regent-street - Mr. Williamson Booth lodges there - on the 10th of July I put these bottles, containing some port and sherry wine belonging to Mr. Booth, into the cellar in the area, about nine o'clock at night - I was awoke at half-past four o'clock in the morning - I saw the wine had been removed into the front area - Bagster was down in the area, and the other prisoner at the top - this goblet was there - this is my master's.

Cross-examined by Mr. PHILLIPS. Q. Is Mr. Booth here? A. No: I have seen his Christian name on letters which came to the house - I have not seen him write it, nor heard persons call him so - he has no partner - I saw a man's hat in the area that morning - Bagster was drunk, and Ward was without his hat - he said his hat had fallen over, and Bagster tumbled over in trying to get it - there are four lodgers in the house.

WILLIAM PRATT (police-constable C 130). I was on duty at four o'clock, in Regent-street - I saw Ward against the rails of the area - he put his hands on the rails and attempted to get over - I caught him - I looked over and saw Bagster sitting in the area with this basket of wine by his side - I called to my serjeant, who got over and took him, and this wine, which was about two yards from the cellar door - Ward's hat was in the area - Bagster did not appear in liquor.

JOHN HOOD (police-serjeant C 7). I found Bagster in the area, sitting down - I should not consider that he was drunk - this basket, containing five bottles of wine, was by

his side - he said his friedn's hat had fallen over, and he had tumbled in getting it - his arm was dreadfully swollen.

Bagster's Defence. I had been drinking with Ward all the evening, and when we got to Regent-street, Ward and I were larking - I knocked his hat over; I went to get it, and fell over.

Ward's Defence. He knocked my hat over, and in trying to get it he fell from the top to the bottom. The goblet is bent where he fell upon it.

NOT GUILTY .

Reference Number: t18340904-30

1146. JOHN CONNER was indicted for stealing, on the 28th of July , 6 pair of trowsers, value 10l.; and 2 waistcoats, value 2l.; the goods of Edward Cutler , his master .

2nd COUNT, stating them to belong to the Rev. William James John Leach , clerk .

EDWARD CUTLER. I am a tailor , and live in Hanover-street - the prisoner was my errand-boy - I sent him to Mr. Leach's, on the 28th of July, for these articles - I never saw him again till he was in custody.

The REV. WILLIAM JAMES JOHN LEACH. I delivered to my servant six pair of trowsers, and two waistcoats, worth 10l. or 12l., to be given to Mr. Cutler's boy.

MARY ANN BLACK . I received the clothes of my master, and gave them to the prisoner to take to his master, to be altered.

WILLIAM McKENZIE (police-constable C 182). I took the prisoner - he said he had taken some trowsers, and sold them to a Jew in the street.

GUILTY . Aged 16. - Transported for Seven Years .

Reference Number: t18340904-31

1147. MARTHA EASMAN was indicted for stealing, on the 15th of July , 2 glazed window sashes, value 30s., the goods of William Croft , being fixed to a building of his .

WILLIAM CROFT. I keep the Two Brewers, in Brick-lane . I let a room to the prisoner - there were two sashes in it - I went into the country, and when I returned, the sashes were gone.

REBECCA CROFT . I am the prosecutor's wife. The lodger complained to me that the shutters of the prisoner's room were shut - I went and knocked at the door - the prisoner jumped out of the window, and I had her taken - she said she knew nothing about the glass or sashes.

THOMAS WALLIS . I went to the house in Spicer-street where the prisoner lodged - the shutters were shut - I got up a ladder, put a stick in, and felt that the sashes were gone - I knocked at the door, the prisoner and a man jumped out at the window - we found the sashes broken up, and part of them burnt, and the glass was gone.

Prisoner's Defence. Mrs. Croft gave me leave to go away. I got a young man to help me to move, and the sashes were then gone. I fell out with the young man, and he threatened my life. I thought it was him that knocked at the door.

GUILTY . Aged 26. - Confined Nine Months .

Reference Number: t18340904-32

1148. ANTHONY FALKNER was indicted for stealing, on the 11th of April , 1 £10 Bank-note, the property of Sir Nicholas Harris Nicholas , Knight , his master .

SIR NICHOLAS HARRIS NICHOLAS, Knight. I reside in Torrington-square - the prisoner was my footboy till the 11th of July, when I sent him with a letter to my agent's in Arundel-street, Strand - there was a receipt in it for a dividend - he was to have brought back an answer - I left the letter for him, but did not give it him myself.

JOHN GILLIAM STILWELL . I live in Arundel-street, Strand, and am agent to the prosecutor - the prisoner brought a letter from him on the 11th of July, and I sent back a 10l. note in a letter directed to the prosecutor - I delivered the letter to the prisoner myself about two o'clock; it was sealed.

EDWARD ROLFE . I am constable of Faversham. On the evening of the 11th of July, I went to the Swan Inn there, and saw the prisoner sitting there - the landlord went to him and said, "Young man, it is time for you to go to bed" - they went out, and I heard an altercation in the passage - I went and took the prisoner - I found on him a number of things, and among the rest this letter - I asked him where he got it - he said he knew nothing about it, or about any 10l. note - but he afterwards said he had taken a 10l. note out of the letter, changed it in the Borough, and bought a coat and waistcoat.

MR. STILWELL. This is the letter I sent, in which the 10l. note was enclosed - it was taken from our cash box - we had not received the prosecutor's dividend then.

GUILTY . Aged 17. - Transported for Seven Years .

Reference Number: t18340904-33

1149. EDWARD FROST was indicted for stealing, on the 17th of July , 3 live chickens, value 2s. , the property of Nathaniel Hall .

HENRY HUDDY (police-constable H 72). I was in Weaver-street, at five o'clock in the morning, on the 17th of July - I saw the prisoner with these chickens, and took him.

NATHANIEL HALL. I had these three live chickens - I saw them safe on the 17th of July, at four o'clock in the morning - they were then inside the gate, but they could get out.

Prisoner's Defence. I picked them up in Hare-street.

GUILTY . Aged 16. - Transported for Seven Years .

Reference Number: t18340904-34

1150. MICHAEL FERRIS was indicted for stealing, on the 18th of August , 1 1/2 yard of woollen cloth, value 9s. , the goods of Henry Bardwell .

ROBERT GEORGE . I am in the service of Mr. Henry Bardwell, of Holborn-bridge - he is a draper - on the 18th of August, the prisoner and two others came in - the other two bought some article - the prisoner stood leaning on a little side counter - the prisoner left the shop; and a young man, next door, asked me if I had lost any thing - I followed the prisoner to Middle-row, when I got an officer, and he was taken with this piece of cloth under his arm - it is my master's.

Cross-examined by MR. PHILLIPS. Q. Have you any mark on it? A. Yes."6 H," in Mr. Bardwell's writing - there might be five or six shopmen there - I am sure the prisoner was in the shop - I did not speak to him - he said, when he was taken, that the other two had given him the cloth to carry, telling him they had paid for it - I saw the other two men when I came from Bow-street, and they asked what had become of the prisoner.

COURT. Q. Did you serve the other two men? A. Yes; with a piece of brown cloth - not this cloth.

NEWHAM JAMES TURNER (police-constable A 14). I took the prisoner with this cloth - he said the other men gave it to him.

GUILTY . Aged 21. - Confined Six Months .

Reference Number: t18340904-35

1151. GEORGE GODFREY and WILLIAM JONES were indicted for stealing, on the 9th of July , 1 coral necklace, value 10s., the goods of Thomas Robert Heale , from the person of Harriet Clarissa Heale .

HARRIET CLARISSA HEALE. I am nine years old - I was walking with Catherine Lewis , who was drawing a chaise - I felt a boy's hand take my beads from my neck, and Godfrey was standing by him - they ran off - these are my beads.

CATHERINE LEWIS. I was drawing the chaise - I saw Jones take the beads from her neck, and Godfrey was with him - they both ran off into the field - these beads were found by a little boy, who is not here.

THOMAS ROBERT HEALE. I am father of this child - these are my beads - I ran out, and the prisoners surrendered to my brother in the field.

HARRIET CLARISSA HEALE. These are my beads, but it was not Jones who took them.

NOT GUILTY .

Reference Number: t18340904-36

1152. MICHAEL GEARY and JOHN JONES were indicted for stealing, on the 8th of August , 1 hat, value 10s. , the goods of Joseph Bentley .

EDWARD CRANE . I was coming along King-street, Westminster, on the 8th of August - I saw the two prisoners, and heard an alarm of "Stop thief" - I pursued them - Jones had this hat in his hand - he threw it over to Geary, and cried "Ding" - which means "Take it" - I ran, and caught Jones - he gave me a blow over the eye, but I kept him till the officer took him - Geary caught the hat and ran away.

JOSEPH BENTLEY. In consequence of something I heard, I ran out of my shop - I saw Geary running - he went into a public-house at one door, and came out at the other - I took him - this hat had been two feet inside my window.

JOHN WEBB . I live with the prosecutor - I saw Geary with this hat - I followed him - I went up to him, and said,"Now" - he gave me the hat, and ran off - I did not see Jones.

JAMES WARD (police-constable C 172). I took the prisoner.

( Cornelius Maine , and Thomas Duggin , of Tower-street, gave Geary a good character.)

GEARY - GUILTY . Aged 15.

JONES - GUILTY . Aged 16.

Transported for Seven Years .

Reference Number: t18340904-37

1153. FRANCES JONES was indicted for stealing, on the 6th of August , 1 pail, value 1s. 6d. , the goods of Robert John Curtain .

HARRIET CURTAIN . I am the wife of Robert John Curtain; we live in Brick-lane, St. Luke's . I saw the prisoner coming out of our house with this pail - I asked her what she did with it - she said it was her own - I said it was mine, and she must go back with it - she said she would not; I might take it back myself - she then said she had stolen it, but it was the first time she had ever done so.

Prisoner. I throw myself upon your mercy. I was in great want.

GUILTY . Aged 45. - Transported for Seven Years .

Reference Number: t18340904-38

1154. THOMAS JONES was indicted for stealing, on the 5th of July , 1 pair of trowsers, value 17s.; and 1 handkerchief, value 3s. ; the goods of William Mushet .

THOMAS LEE . I live with my father in Water-lane; he is a tailor. On the 5th of July I was going along with the articles stated, on my head - the prisoner came behind me without shoes and stockings, and snatched the bundle from my head - I cried "Stop thief," and he threw the bundle down - it is the property of my master, Mr. William Mushet.

GEORGE DAVIDSON . I was with Lee - I saw the prisoner take the trowsers and run away.

WILLIAM WINSBURY (police-constable E 138). I heard the alarm, and took the prisoner - these trowsers were picked up in the way he ran.

GUILTY . Aged 17. - Confined One Year .

Reference Number: t18340904-39

1155. ROBERT JOHNSON was indicted for stealing, on the 6th of December , 1 watch, value 16s. , the goods of George Green .

GEORGE GREEN. I live in Long-alley ; the prisoner lodged with my mother. On the 6th of December, I saw my watch safe at five minutes before eight o'clock in the morning - the prisoner was then sitting on the bed putting on his trowsers - I dropped asleep again, and when I awoke, he was gone, and my watch too - it was not more than three minutes after eight o'clock when I missed him - my brother was in the same room, but he was in bed - I afterwards saw the prisoner in Shoreditch - I tapped him on the shoulder, and asked him to come back to my mother's, which he did, and I gave him into custody - he said he had sold the watch in Bristol.

WILLIAM BRUFF (police-constable G 162). I was sent for to the prosecutor's house - I found the prisoner there - he said to the prosecutor, "I thought you agreed to take 3s. a week" - the prosecutor said, "No, I will give you in charge" - and in going along, he said, two or three times, he would give 3s. a week.

( Mary Mills and Hannah Dowling gave the prisoner a good character.)

GUILTY . Aged 20. - Transported for Seven Years .

Reference Number: t18340904-40

Fourth Middlesex Jury, before Mr. Sergeant Arabin.

1156. SOPHIA NUTMAN was indicted for stealing, on the 5th of July , 5 shirts, value 20s.; 6 collars, value 3s.; 6 handkerchiefs, value 26s.; 2 pair of stockings, value 1s.; and 1 night-cap, value 6d. ; the goods of John Lavicourt Anderdon ; to which indictment the prisoner pleaded

( Elizabeth Dunn , of No. 15, Kirby-street, Camden Town, gave her a good character, and promised to take her into her service.)

GUILTY . Aged 20. - Confined Three Weeks .

Reference Number: t18340904-41

1157. CHARLES JOHNSON was indicted for stealing, on the 17th of July , 1 pair of trowsers, value 14s. , the goods of Samuel Reeve Waters .

JOHN WINDER . I was walking along Coventry-street on the 17th of July, and saw the prisoner take these trowsers from Mr. Waters's shop, off a rod inside - he got ten yards from the shop - I took him, but was forced to let him go, as I had no officer there - I went into Mr. Waters's, and told what I had seen - I then got an officer, who took the prisoner.

JAMES COVE (police-constable C 178). I took the prisoner in King-street - the trowsers had been taken from him - he said he took them for want of bread.

SAMUEL REEVE WATERS. These are my trowsers, and were taken out of my shop.

GUILTY . Aged 45. - Transported for Seven Years .

Reference Number: t18340904-42

1158. SAMUEL KNIGHT was indicted for stealing, on the 8th of July , 1 plank, value 5s. , the goods of Robert Ramsden and others.

ROBERT RAMSDEN. I am an engineer , and have partners - we live in Kingsland-road . On the 8th of July, about ten minutes before eight o'clock, I saw the prisoner take this plank off the premises, and carry it into Hare-walk - I pursued and took him - this is the plank.

JOHN MOLE . I saw this plank in Hare-walk.

THOMAS VANN . I am a police officer. I had been there nine mornings, in consequence of the prosecutor losing wood - I took the plank - the prisoner was brought back, and I took him.

MARY BROOKS . I live in Hare-walk. I was at my window, and saw the prisoner running with this plank, which he put down and ran off - he was then taken.

Prisoner's Defence. I am a carpenter : I had a little job; I had not the means to get the wood, and I took the plank.

GUILTY . Aged 34. - Transported for Seven Years .

Reference Number: t18340904-43

1159. ADAM MURRELL was indicted for stealing, on the 12th of July , 48lbs. of lamb, value 30s. , the goods of William Masters .

EMILY HART . I am servant to Mr. William Masters, a carcase-butcher , who lives in Long-alley, Moorfields . On the 12th of July a carcase of a lamb was hanging outside the door - a few minutes before seven o'clock there was an alarm, and the lamb was gone - I ran after the thief - I saw the prisoner with the lamb - I know it by one of the sets.

SAMUEL SMITH . On the 12th of July I met the prisoner with the lamb on his shoulder, carrying it in a very awkward way - I heard some women say it was a pity no one would stop him - I followed him, and asked where he got it - he said he did not know - he then slipped it off his own shoulder on to mine, and I took it to the shop.

WILLIAM FITZGERALD . I was going to my employ, and saw the prisoner with the lamb on his shoulder.

PETER KELLY . I was going to work - I heard of this, and followed the prisoner, but he had been taken before I came up.

GUILTY . Aged 42. - Transported for Seven Years .

Reference Number: t18340904-44

1160. THOMAS MATTHEWS was indicted for stealing, on the 29th of July , 1 sovereign, the monies of John Denton , his master .

JOHN DENTON. I am a victualler , and live in Duke-street, Grosvenor-square . The prisoner was my pot-boy for three weeks - on the 29th of July I missed a sovereign about six o'clock, from my bed-room drawer - the prisoner was not at home then, but he returned about seven o'clock- I got a policeman, and gave him in charge - he said he had no money about him, but the policeman found a half-sovereign, twopence, and a duplicate on him.

THOMAS VIVIAN . I am an officer. I was called in and took the prisoner - he was charged with stealing a sovereign - he said he had no money about him, but I found a half-sovereign, twopence, and a duplicate of a handkerchief - he said he had pawned a watch of his own, but I found he had redeemed a watch for 10s.

Cross-examined by MR. PHILLIPS. Q. Was the prosecutor present when he said this? A. Yes: he heard it.

JAMES COLLINS . I was sitting near the bar reading the newspaper, when I turned my head, and saw the prisoner come out of the room, go up stairs, and come down again.

NOT GUILTY .

Reference Number: t18340904-45

1161. JOHN MARRABLE was indicted for stealing, on the 15th of July , 1 pair of boots, value 3s. , the goods of Henry Worms and another.

PETER HAYES . I superintend the business of Mr. Henry Worms, of High-street, Shoreditch . On the 15th of July, I was sitting in the parlour adjoining the shop, and saw the prisoner enter and cut down a pair of boots from within the doorway - he passed them to an accomplice who was outside - I pursued and took the prisoner - the person who had the boots got away - the goods are invoiced to me in the names of Henry Worms and Co.

JAMES SIMMONS (policeman-constable G 152). I took the prisoner, and found this knife on him without a handle.

Prisoner's Defence. I was standing there, and the man came and took me.

GUILTY . Aged 19. - Transported for Seven Years .

Reference Number: t18340904-46

1162. MARY ROWE was indicted for bigamy .

JAMES SLARKE . I am parish clerk of Croydon. I remember the prisoner being married there on the 2nd of November, 1819 - I attended the marriage in the course of my duty - she was married in the name of Mary Dogett to Francis Rowe - here is a copy of the register, which I have examined.

JAMES BROWN . I am a serjeant in the Coldstream Guards . I married the prisoner at Brighton , on the 26th of September, 1825 - I had known her about ten weeks - she passed as a widow, and represented herself so to me - for six years she behaved very well, but after that she behaved very ill - I parted with her in September last - I had not discovered she had been married till after that - I did not have any money with her - I was present when she was taken at No. 2, Stepney-green, on the 11th of August.

EDWARD PARRY . I know the prisoner, and I know Francis Rowe - I was in the Royal Waggon Train, and he was a comrade of mine - I had not seen him for fourteen

years - he was discharged in 1823, and is now living at the Naval School, at Camberwell.

Prisoner's Defence. I have not seen my husband for twelve years last June - he left me with a young child, and hearing by several persons that he was dead, I concluded he was so - I told Brown I was not certain whether he was dead - I lived with Brown very comfortably for six years, till his misconduct, (and not mine,) compelled me to act as I did - he is on the point of marriage with another person, and that is the truth of the matter - the turnkey brought a lady to me to know the particulars, and I told her - I have a daughter fourteen years old - Brown knows that I said I was awkwardly situated, as I did not know whether my husband was dead, and he said if I had twenty husbands he would marry me.

JAMES BROWN re-examined. Q. Upon your solemn oath, when you married her, had you any idea that she had a husband? A. No; she told me her husband went abroad, and died there.

GUILTY. Aged 31. - Recommended to mercy by the Jury .

Confined Three Months .

Reference Number: t18340904-47

1163. JOHN SMITH was indicted for stealing, on the 3rd of July , 1 basket, value 6d.; 2 brushes, value 5s.; 5 painter's tools, value 7s.; 2 paint pots, value 3d.; 1 tin can, value 2d.; 1 waistcoat, value 6d.; and 1 knife, value 2d. ; the goods of Robert Parsall .

ROBERT PARSALL. I am a coach-painter . I had a basket which contained the articles stated - I left them on the 3rd of July, at the George and Dragon, near Shoreditch Church , about half-past seven o'clock - I told the landlord not to let them go till I returned, and they were gone - the landlord pursued the prisoner, who was taken with the tools on him - I had not authorized him to get them.

ISAAC GREEN . I am master of the house - the prosecutor left the tools with me - I was not at home when they were fetched away.

NATHANIEL GREEN . I was there when the prisoner came in, and said, "Give me my basket" - I was not present when it was left - I know the prisoner by sight, but did not know his name.

JOHN BOLT (police-constable N 55). I took the prisoner at Hackney with this basket of tools - he said he was going through the church-yard with it - I said I did not think it belonged to him, and took him to the station-house.

Prisoner's Defence. I was very much in liquor - I asked Green for the basket - he gave it me - I laid it down, and went to sleep - I then took it up.

GUILTY . Aged 22. - Confined Three Months .

Reference Number: t18340904-48

1164. FREDERICK TASMAN was indicted for stealing, on the 3rd of July , 1 shirt, value 2s.; 1 pair of trowsers, value 4s.; 1 coat, value 4s.; 1 waistcoat, value 2s.; and 1 handkerchief, value 4d. ; the goods of John Clark .

JOHN CLARK. I am a shoemaker . On the 3rd of July, about half-past seven o'clock, I was on Tower-hill with a bundle containing the articles stated - I saw the prisoner, who said he was an old soldier, and as I am an old sailor, I told him if he would show me the way to Brook-street, I would treat him with something to drink - we went to a public-house, and had three or four pots of beer - I then left, and he dodged me on the road, and at last took my bundle from a house which I did not see him come into.

ROBERT WILSON MEAGLE . I am a pawnbroker. I have a shirt and a suit of clothes which were pawned by the prisoner on the 3rd of July.

ANN FORTH . I was at Mr. Barne's public-house - the prosecutor came in and asked to light his pipe - there were three persons came in at the same time; and the prisoner came in and took the bundle, and went across the road - I called to him, "For God's sake bring the bundle back," but he went away, and the other two persons followed him.

JOSEPH MUSTO . I was sitting in my shop, and saw the prisoner pass with a bundle before him up Lamb's-passage.

Prisoner's Defence. I met this man at the Crispin - he began to beat the table to imitate a drum - he then sung, and he asked if he could not drink out of that pot of porter - he did so, and then he said he would be a pot - he then said he was going to buy some grindery - he tried to fight every body - he then went to the other public-house, and while he went for a light I went out with the bundle, but did not mean to keep it.

GUILTY . Aged 51. - Confined Six Months .

Reference Number: t18340904-49

1165. THOMAS TAVERNOR was indicted for stealing, on the 17th of July , 1 pair of shoes, value 2s. , the goods of William John Huetson .

WILLIAM HEBERT . I know the shop of Mr. William John Huetson, in Kingsland-road . On the 17th of July I saw the prisoner (whom I had seen before) in his shop - he made several attempts to take a pair of shoes down from the door - he at last took them and went away - I went after him, and took him - he dropped these shoes, and I took them up.

Prisoner. Q. Did you see me take them? A. Yes; by the reflection of a glass.

Prisoner's Defence. Another boy took them.

GUILTY . Aged 18. - Confined One Month .

Reference Number: t18340904-50

1166. HENRY VALENTINE was indicted for stealing, on the 14th of August , 1 purse, value 2d.; 1 half-sovereign; 1 crown; and 1 half-crown; the goods and monies of Joseph Winter , from the person of Hannah Winter .

HANNAH WINTER. I am the wife of Joseph Winter, of James-street, Globe-fields. On the 14th of July, at half-past six o'clock in the morning, I was in Spitalfieds market buying fruit - I had a purse in my pocket containing the money stated - I felt a hand in my pocket, and turned and saw the prisoner draw my purse from my pocket - I seized him by the collar, but he passed the purse to another person, who went off - the officer came and took the prisoner - the crowd was so great I could not take the other man.

Prisoner. Q. What distance was I from you when you took me? A. You were close to me.

SAMUEL GREEN . The prosecutrix had the prisoner by the collar, and she gave him in custody to me - he said he came there for a pennyworth of onions - I said it was an odd time to come for them.

GUILTY . Aged 18. - Transported for Fourteen Years .

Reference Number: t18340904-51

1167. JOHN STILL was indicted for stealing, on the

14th of August , 2 boots, value 3s. , the goods of Jonathan Tilley .

COLE HAVERS . I am in the employ of Mr. Jonathan Tilley, a shoemaker , in Ratcliff-highway - on the 14th of August, I saw the prisoner put his hand thirteen or fourteen inches into the shop, and take out a pair of shoes - I ran after him - he was taken, and threw the shoes down, but I did not see him - I am sure he took them.

ROBERT CARTER . I was having my supper, and heard a cry of "Stop thief" - I ran out, the mob had passed, and I stumbled over these shoes - I took them to the station.

WILLIAM CLAYTON (police-constable K 138). I took the prisoner, and have the shoes.

Prisoner's Defence. He came and struck me in the mouth, and said I had taken the shoes - I said I had not, and he began to kick me, and jump upon me - these shoes, as he calls them, were brought after me, but they are boots.

GUILTY . Aged 20. - Confined Six Weeks .

Reference Number: t18340904-52

1167. BENJAMIN STACE and FREDERICK STACE were indicted for stealing, on the 15th of August , 12 plates, value 1s. 6d.; 42 toy plates, value 3s.; 3 mugs, value 6d.; and 30 cups and saucers, value 3s. ; the goods of Charles Frederick Turner .

CHARLES FREDERICK TURNER. I deal in earthenware , and live in Oxford-street . Benjamin Stace was in my employ fifteen months, as porter - on the 15th of August, I was in bed, in the parlour adjoining the shop, about seven o'clock in the morning - Benjamin Stace came, and I gave him a light to light the fire, and open the shop - I thought it was a good while before he put the goods out, and I got out of bed and looked through the window - I saw him put several things in a bag - I went up stairs to the first floor, and saw Frederick Stace, (who is his son,) going along with the same bag - I came down, and went after him - he had got three or four doors off - I then took him - he said his father gave them to him - the bag contained the articles stated - I went home, but Benjamin Stace was gone - I went with the officer to his lodgings, and waited till he came home - I saw him put down two pans - the officer then took him - this is my property.

WILLIAM PRITCHARD (police-sergeant E 9). I went with the prosecutor to the prisoner's lodging - I took him - I found there some pans, some dishes, and plates - he said one pan and one dish did not belong to his master - in going to the station-house, he said his boy was in want of a pair of shoes, and he did it to get them.

Benjamin Stace's Defence. The things the officer found are my own property.

BENJAMIN STACE - GUILTY . Aged 40. - Transported for Seven Years .

FREDERICK STACE - NOT GUILTY .(There was another indictment against Benjamin Stace.)

Reference Number: t18340904-53

1168. WILLIAM REYNOLDS was indicted for embezzlement .

DAVID WYMAN . I am a baker . The prisoner was in my service as journeyman - he came about a fortnight after Christmas - it was his duty to receive money from customers where he served bread.

MARTHA MEATYARD . I am the wife of William Meatyard - I took bread of the prisoner - I paid him 3s. 4d. about the 2nd of August ; about the 9th of August , 3s. 4d.; and about the 16th of August , 3s. 4d. - he gave me these receipts on the bills.

Cross-examined by MR. PHILLIPS. Q. You were to keep these receipts? A. Yes - he brought me bread every day, and I paid him once a week.

DAVID WYMAN re-examined. The prisoner ought to make up his account every night - he never accounted to me for any of these sums - I did not know he had received them - he was taken ill on the 21st of August, and went away - I then went round and found these sums had been paid - when he returned I had him taken.

Cross-examined. Q. I believe, while he was ill, he sent a man to work for him? A. Yes; I have two children - my wife attends the shop when I am absent - the prisoner has settled with her, but she would have entered any thing that she received of him - I swear I was at home on each of the days mentioned - I have not been out for four months more than an hour or two.

GUILTY . Aged 29. - Confined Three Months .

Reference Number: t18340904-54

1169. SAMUEL PENNY was indicted for stealing, on the 26th of June , 1 sovereign and 10 shillings, the monies of James Dobbins , his master .

JAMES DOBBINS. I am an ironmonger , and live in Martin-street, Chelsea - the prisoner was my errand boy , and went out with my horse and cart - on the 26th of June, I sent him to purchase some goods, and gave him 1 sovereign and 10s. - he was to return home with the goods, but did not - I have lost the money altogether.

THOMAS HOBBS (police-constable C 85). I received information on the 8th of July, and took the prisoner - he said he had lost the 30s., and was afraid to return - he told me he had put the horse and cart at livery, and I found it.

GUILTY . Aged 17. - Confined Six Months .

Reference Number: t18340904-55

1170. WILLIAM TILLEY was indicted for stealing, on the 1st of August , 45 engraved music plates, the goods of John Philip Austin , his master .

JOHN PHILIP AUSTIN. I am a music engraver - my work-shop is near Rathbone-place - the prisoner came to work for me on the 17th of March, and continued till the 1st of August with little interruption - on that evening I missed 45 engraved plates - the next morning, I inquired of Armstrong, my other journeyman, if he had seen them - he had not - on the following Monday I went to the office and got a warrant, which the officer came with in the evening, and took the prisoner on the charge - he stood some minutes, and then said it was better to tell the truth - that he said he had pawned them, and lost the duplicates, but he would show us where they were pawned - he took us to Berwick-street, where I found them.

Cross-examined by MR. STAMMERS. Q. Were they all taken at the same time? A. I cannot say, but the paper and string and all were taken - I never received any money of the prisoner for these, he once had nine plates of me

for 18s., but they belonged to Mr. Cox, the music seller - I have impressions of every one of these plates.

WILLIAM MITCHELL . I am an officer. I took the prisoner on the Tuesday evening at his master's - I told him what it was for - he stood some time, and then said it would be better to tell the truth, and he stated where he had pawned them.

( Thomas Jones , Philip Potts , and James Full , gave the prisoner a good character.)

GUILTY. Aged 39. - Recommended to mercy by the Prosecutor . - Confined Three Months .

Reference Number: t18340904-56

OLD COURT. - Friday, September 5th.

Second Middlesex Jury, before Mr. Serjeant Arabin.

1171. FRANCIS STANLEY, alias Francis Stanley McGee was indicted for stealing, on the 21st of October , at St. James's, Clerkenwell , 38 sovereigns, and 2 half-crowns, the monies of John Fishweek Summersell , in the dwelling-house of George Laval Chesterton .

JOHN FISHWEEK SUMMERSELL. I am turnkey of the House of Correction in Coldbath-fields . The prisoner was a prisoner there - I lost 38 sovereigns, and 2 half-sovereigns out of my bed-room - I used to live in the prison at that time, in the turnkey's lodge - I am a servant there - it is not my dwelling-house - I slept there - I lost the money out of my box in the bed-room - I had left the box locked - I missed it on the 22nd of October, having seen it the morning before - the prisoner had access to my bed-room - he made my bed for me - I had seen him in the room on the 21st - it might have been taken on the 21st - he was discharged from the prison on the 22nd, before I missed it - I saw him on the 23rd, and he denied all knowledge of it - Flood was also a prisoner - I received 27l. 10s. about a month ago, through Flood, who gave information.

JOHN FLOOD . I was a prisoner in the House of Correction - the prisoner and I slept in the same cell for about five nights - on the morning he was discharged, he had been very restless all night, sighing and sobbing, and in the morning I asked him what was the matter with him all night - he said he could do with the prison allowance very well, and he had no place to go to - I told him that God was good, and he should not despair nor fret about that - in a few minutes he said, "I have got 7d. in copper, which I brought into the prison, I shall be punished for breaking the rules of the prison, and shall be kept back beyond my time - and if you will throw the 7d. over the garden wall to me, I shall be there and take it" - he gave me a rag tied up with a pack-thread - I had no opportunity to threw it over - at half-past nine o'clock, while the people were in the chapel, I intended to do so, but could not, as the watchman and gardener came down at the time, and said something was gone out of the lodge; and that the prisoner would soon be taken again - I asked what for, but they did not tell me - in about three quarters of an hour I heard the prisoner was brought back, and the gardener told me the lodge was robbed - it struck me directly that something had been put in the rag, and I went and buried it; and about ten minutes after I was brought up - I did not know that there was gold and silver in it for a long time - I never opened it when he gave it to me - I buried it, being afraid of something, from what I understood from the gardener - inquiry was made of me some time after, and I told what had occurred - I went with the deputy governor and dug it up myself before him - I did not see it opened.

GEORGE HOARE . I am deputy governor of Cold Bathfields prison. On the morning of the 22nd of October, after the prisoner was discharged, I heard the lodge had been robbed - I suspected him, he being the only one who had access to the lodge - he was fetched back, and searched, but nothing found on him, and he was allowed to go - I knew Flood slept in the same cell with him - I had him searched, but nothing was found - I frequently urged him to tell me what had become of the money, being convinced the prisoner could not have taken it all out - after urging Flood several times, he eventually gave me information, and pointed out where the rag was - it contained twenty-seven sovereigns, a half-sovereign, a sixpence, and a penny - after that, the prisoner came to speak to me at the prison gate - I asked him inside - he told me he had heard and seen various reports about Summersell's money, and he had come to tell the truth about it - he said Summersell had not told the truth - that all he had taken was twenty-seven sovereigns, and a half-sovereign, and the sixpence and penny was his own money - I neither threatened or made him any promise.

ROSINA FLOOD . I am the wife of John Flood - the prisoner came to me, a fortnight ago last Friday, and asked if Flood was at home - I said "No;" he was not likely to come till four o'clock, for he was gone to Pimlico - he asked me if he took his money out of the House of Correction with him - I told him, No, he had not, for I understood it belonged to the governor - he then said, How dare he leave his property; that he left 7d. with him.

Prisoner. I said the 7d. was my own property. Witness. He said what was left with my husband was his property.

JOHN ROBINSON . I am a policeman. I took the prisoner in charge at the House of Correction - on our way to the station-house, he told me he acknowledged to the twenty-seven sovereigns and half-sovereign, but it was not thirty-nine, as Mr. Summersell said.

JOHN FISHWEEK SUMMERSELL re-examined. Mr. George Laval Chesterton is the governor of the House of Correction - I am one of his servants - he resides within the prison - my house is in the prison - it is a distinct building, but within the walls, and in the parish of Saint James, Clerkenwell.

JURY. Q. Had Flood access to the room as well as the prisoner? A. No.

Prisoner's Defence. On the evening of the 22nd of October, my time was out from being confined - I had been fined 5l. for an affair about the "Mercury" - I was not able to pay it - after being ten days in prisoner, the governor offered me lodging in the prison birth - I used to attend on Summersell, to clean his boots, brush his clothes, and put his clothes away after he has come home at ten o'clock at night - his boxes were never locked during the whole time I was there - thirteen or fourteen others had access to the room as well as myself, and a man had to wind the clock every day,

who had to pass his boxes - on the 22nd, I was liberated about ten o'clock, when McAnally and Allen told me if I had no money, they would give me some, to have a pint of ale when I got out, but if I would go to the Vine, I might get what I pleased - they begged me to sup with them that evening there - I went to the house on leaving the prison - I called for a pint of ale, and the two Mr. Allens came in, (who attended the prison) - as I had 6s. or 8s. of my own money, I gave it to get recreation there, but I was sent to the wrong house, and the money was taken from me, and given to me on my departure from the prison - Allens came in and said, "You are wanted" - I said,"What about; am I out before my time?" - they said it was something of that kind - I went back with them to the governor - I was stripped and searched - nothing was found on me but the money given to me in the prison - the governor said he could not detain me - if I left my address, I might depart - I went to my lodging, cleaned myself, and supped with most of the turnkeys - I saw nothing of Summersell - he stopped my things at the Thames police-office next morning - I believe it was the common opinion in the prison, that he had lost nothing - Flood was in the same cell with me - I used to divide my prison allowance between him and another man - he gave me his direction to go to his wife, and tell her when he expected to be out; and I went there - I then went on board the Majestic - on my return, I gave way to inebriety - I went to this woman, who told me what was missing, and that I was suspected - by the time I got to the prison I was quite tipsy - the turnkey let me sit down an hour, and then I got more sensible - but in that state I do not know what I said.

JURY to HOARE. Q. Was he the worse for liquor? A. Rather so, but perfectly knew what he was saying - he was not searched when he went out of the prison - they are just wiped down - it is customary to search them after their discharge - money taken from them when they enter the prison, is returned when they are discharged - every thing is taken away when they come into the prison, and if money was found on them going out, they would be punished - no other prisoner had access to the room - I opened the parcel before the governor - the 7d. was in it - Flood might think it only contained 7d. in copper.

GUILTY . Aged 35 - Transported for Life .

Reference Number: t18340904-57

Before Mr. Baron Alderson.

1171. ALFRED DEAN was indicted for b - g - y .

NOT GUILTY .

Reference Number: t18340904-58

Before Mr. Justice Williams.

1172. ANN BROWN was charged, on the Coroner's Inquisition, with the wilful murder of Frederick Jacob Shubbert .

CHARLES GOWAN . I live in Shorter's Rents, East Smithfield - the prisoner lives next door but one to me on the same side - I believe she is married - the deceased Frederick Jacob Shubbert lived in the same house with me - he was a lumper in St. Katherine's Docks, and was between sixty and seventy years old - my brother's wife is his daughter - there was a quarrel between her and Shubbert on Wednesday, the 9th of July , between dinner and tea time, before I came home - when I came home, I found the deceased in the bottom room having his tea - his wife and my brother were there - my brother is older than me - my brother's wife was not there - I joined them at tea - I went out, and came home again at half-past six o'clock, and remained at home - the deceased was in the bottom room - he went out about eight o'clock to get a pint of beer, and returned in five or six minutes - about half-past seven o'clock, (before he went out,) Mr. Hicks and the prisoner's husband came home, and offered to fight my brother George and my brother-in-law - my brother went up to Hicks and said, "I don't wish to fall out with you" - but he struck him in the mouth - my brother struck him again, and there was a battle for about three minutes - then Hicks went in doors - the prisoner was standing at the door, and was jawing with her sister-in-law, calling Frederick Shubbert, the deceased, a b - y old German b -, and said, she would have his life before the night was out - this was about half-past seven o'clock - after the row was all over, Hicks and Mr. Brown, Nancy Brown , and Susan Brown , went out of the Rents for an hour - the deceased remained at home - he was standing in the passage about a quarter before nine o'clock - there had not been any disturbance for some time before that - he was leaning with his hand against the passage door - I stood against the window - Ann Brown came out of her own house - she came deliberately up with a brick in her hand, and hit the old gentleman with it in the bottom of the belly, and said,"Take that, you old German b -" - she threw the brick overhanded - heaved it - I could not see where it hit him, as I was standing by the window - he picked up the brick, and said to me, "Charles, come in and shut the door, for I am a ruined man" - he walked about the room till he went to bed in great agony - he walked in a stooping position, as if he was lame - his daughter went to the doctor, who ordered him leeches - Dr. Liddle attended him, and saw him after he was dead - I am quite sure the prisoner is the woman, because I knew her ever since I came to live with my brother, since last Easter - there was nobody with her at the time - I had not seen her for an hour before - the row ended about eight o'clock - they all went away, and came back about nine o'clock - I was examined twice before the magistrate - the first time she was examined, the magistrate discharged her.

Cross-examined by MR. STAMMERS. Q. You lived in the same house with the deceased? A. Yes - he used to go to work as well as he could - he never had any sickness to my knowledge - I do not know whether he was ruptured - he walked rather stooping, but not so as for any body to notice it - he did not walk quite upright at any time - I could not see the brick hit him - I do not know whether he was hurt by the brick, only by his own words - I had not been concerned in the quarrel at all - it was my brother George and brother-in-law, James Smith , and Ann Brown, Mary Brown, Susan Brown, and Mr. Hicks, and Mr. Brown - I had no brick bats or tiles in my hand - I will swear - nobody asked me if I was going to kill the man.

MARY GOWAN . I am the daughter of the deceased Frederick Jacob Shubbert - I was not at home at the time the blow was given - I came home a few minutes after it was done - the prisoner was then standing in the Rents, using very violent expressions towards my father - she said she would not

rest that night till she had his b - y life - I heard her say that as I was coming up the Rents to go home - I had left my father a little after six o'clock in perfect health - he had been to work that day at the docks - when I returned about half-past nine o'clock, he was in violent pain, and complained of being hit in his groin with a brick, which he gave me - he pointed to the lower part of his body as being in pain - there had been a quarrel that day, and the day before, between our people and the Brown's, but not between the prisoner and my father - he had never offended her - there had been a disturbance the day before between the families, and that afternoon also, about three or four o'clock, or it might be earlier - we were obliged to fetch a policeman to protect our lives - they came round the door with brink-bats and stones, and said they would kill us, and that very morning we were obliged to have a policeman to let me get out of the house - I never knew the prisoner till since Easter, and only knew her as a neighbour - I never quarrelled with her, only with her sister-in-law, who lived in the same house with her - that quarrel with her sister began on the Tuesday morning, and it lasted until the Wednesday night, when she threw the brick at my father - here is the brick (producing it) - my father gave it me - my father never ceased to complain of pain from the time of my coming home until he died - he went to bed that night, and never got up any more.

Cross-examined. Q. You had not been living on very friendly terms? A. Until Tuesday morning we had - we had never quarrelled before, but on Tuesday morning a deadly quarrel began - the prisoner's sister-in-law began the quarrel - the prisoner had nothing to do with it then - she took part in it afterwards - the prisoner was the first to come out on the Wednesday morning - bricks were not thrown on both sides - I did not throw one - George and Charles Gowan did not throw bricks or tiles at the other party - they kept up the quarrel by coming to the door abusing us, putting their heads through the window and threatening our lives - no part of our family did any thing - I never spoke a word - in the morning my mother said,"Mrs. Brown, if my husband offended you last night, why not say so last night?" - she said, "I have come to abuse you now for it" - I never saw the prisoner's husband abused or ill-treated in my life - the deceased was a very stout man, but able to walk - he was not ruptured, as far as I know - he was a little troubled with gout.

COURT. Q. Were you before the Grand Jury? A. Yes; and gave this account - I am sure that is the woman I heard use the expression - when she threw the brick, she had on a green gown, which she always wore - I am certain she is the woman who my father told me threw the brick - I cannot say whether she was sober - I never saw her intoxicated.

JOHN LIDDLE . I am a surgeon. I was called in to attend on the deceased - I cannot recollect the day, but I was informed he had received the accident the night before- I found him exceedingly ill - I found his disorder was in the lower part of the abdomen - I may say, over the whole abdomen - he appeared in very acute pain - I prescribed bleeding and what I thought proper - I first saw him about eleven o'clock in the morning - he died the day but one after that - there was never any appearance of amendment in him - I had no doubt whatever, when I first saw him, that he was labouring under some internal injury of the vital organs - violence might have produced such symptoms - after death I opened the abdomen, and discovered most extensive inflammation over the whole abdomen - the intestines were glued together in serveral parts, and an effusion in several parts of lymph in a small part of the contents of the bowels - I have no doubt his death was caused by violence.

Q. Might that piece of a brick, thrown by the hand of a woman, produce the appearance you found? A. I should think it might - the appearances corresponded with what might be produced by violence of that sort - I have no doubt the inflamation a was caused by internal violence alone.

Cross-examined. Q. The whole abdomen I think you say was affected? A. Yes; on my examination after death, it was all affected - but the worst part was the particular part about the centre of the intestines, towards the lower part, near the centre - the abdomen is not very large - I have not seen the same appearances produced by natural causes - I have seen appearances resembling them - inflammation may take place to a very considerable extent, if a person has a permanent obstruction of the bowels - in a rupture, where the gut is strangulated, we should have the same appearances as would arise from mechanical violence- old men are not particularly liable to such obstructions - we are all liable, but not old men in particular.

COURT. Q. If you heard the man was in perfect health at six o'clock, and was nearly bent double about half-past nine o'clock what should you think? A. I should conclude that arose from external violence, but I have been called to a case of persons complaining of violent pain, and found most excessive inflammation of the abdomen; but in those cases, there were other circumstances, such as a perforation in the intestines itself - ulceration might produce that, but the appearance on the opening would be different to this - I should have found a disease of the mucus membrane if it was caused internally.

ELIZABETH MOLE . I am the wife of Alexander Mole , and live in Shorter's-rents. I remember the night Shubbert was hurt - it was on the 9th of July (Wednesday) - I was speaking to him between six and seven o'clock - he appeared in very good health, and stood as upright as I have known him this four or five years - the prisoner lived at her sister-in-law's - I know her perfectly by sight - on the Wednesday in question, I saw her quarrelling, but did not trouble myself about it - I went out about eight o'clock to get something for my husband's supper - I heard her say that evening, "Take that, you b - y old German b -, I will do for you" - that was between nine and ten o'clock, when I was in my own place preparing my husband's supper - the voice appeared close to the deceased's door way - I did not see him when the brick was thrown - I had seen him there leaning outside his own door, a short time before I heard the expression - I suppose that was an hour or an hour and a half before I heard the expression - I had not heard any quarrelling before with him, but the neighbours and them together were quarrelling among themselves - about an hour or half an hour before there was a quarrel, but I had heard no quarrelling for an hour or a half an hour before - I only heard bad words - I saw no bricks, nor bottles, nor stones thrown, for I was in my own place,

but I heard plenty thrown - I cannot say I heard any thrown from any side but Brown's - they threw from by the side of their own door, and they got over the paling, and fetched out brick bats to heave - I did not hear one thrown on the other side - as near as I can tell, from half-past nine to a quarter to ten o'clock, the brick was heaved at the deceased - it might be within half an hour of the prisoner using the expression, that I heard the bricks flying about - they were thrown at persons, not at the windows - I saw the deceased that night, about a quarter-past ten o'clock, or half-past ten o'clock - he was in a very bad state, and in great pain - he could not stand upright, even to be undressed - the doctor was called in next morning, about eleven o'clock, and he died on Saturday morning, at a quarter before five o'clock, in my arms - I never knew him in ill-health before - he was able to do his business at the docks for a fortnight before, and on that day - I never knew him have a word with any of the neighbours - he was a German.

Cross-examined. Q. You do not know that he was at all a drinking man? A. No, never; I did not come out of my house during the whole quarrel.

Q. All you can say is, you heard stones and bricks passing from one house to the other? A. Yes; I could take an oath that the Gowans did not throw any of the bricks, because I was up at my garret window, two pair of stairs high, and saw the Gowans - I looked out several times during the quarrel - I cannot tell how often - I will swear it was twice, but it might be three times - I was in-doors for a long time together - I will swear the Gowans never threw a brick or tile - nothing further than using bad words.

JAMES BARNES . I am a gun-maker. I live in the Rents next door to where the prisoner lived - I knew the deceased by sight - I remember seeing him on Wednesday, the 9th of July, about six o'clock in the evening - I saw him about nine o'clock - he had a mug or jug in his hand, and was going out for some beer - he appeared as usual in very good health - I know the prisoner by sight - I saw her at six o'clock on the evening of the 9th of July, in the Rents, with her sister and brother-in-law, and her husband - when I first saw them, I heard a noise, and not being very well, I went to the staircase window - I saw her husband, her sister-in-law's husband, and two men stripped, as if to fight - there was a blow or two between the prisoner's brother-in-law and George Gowan, but not more - that might be about seven o'clock, or a little after - I saw the prisoner about half-past eight o'clock - she had nothing in her hand - I heard her say, "You German b - , I will serve you out"- I saw nothing in her hand that night, for I went in doors - I was examined before the Coroner about seven weeks ago - I am sure I did not see her with a brick, or part of one, in her hand that evening - I heard nothing more, and saw nothing more, than I have mentioned - I do not think she was sober - I really think they were all intoxicated - she, her sister-in-law, her brother, and brother-in-law, but I do not mean that the decased was so.

Cross-examined. Q. How many persons were at the fight that you saw? A. It is impossible to tell - the court was full of people - I know there were four standing up to fight, but only two fought, there were so many round them I could not tell how many there were - I do not know how many of the Gowans were there - there was Gowan and his brother-in-law - only George Gowan and the prisoner's brother-in-law were engaged in the fight - George Gowan is Shubbert's son-in-law - her husband was present - he was on her brother-in-law's side - he was not engaged in the fight - I saw him strip, but there was no blow - I did not see her husband knocked down - I saw him shoved into the house with violence - there was a scuffle - I did not hear any body offer to fight the prisoner's husband - George Gowan was the party fighting with her brother-in-law - George Gowan said, "If you will listen to what I have to say, I will make it all quite" - he wanted to make peace - he was stripped to his shirt - he was not sparring - but her brother-in-law said, "No, you b - , I will fight it out," and he up with his fist, and struck him, and then they had a bit of a fight - there were no more of the Gowans there - her brother-in-law was stripped, and her husband, I believe, had his coat off, and his shirt sleeves tucked up - I heard the prisoner say, "You German b - r, I will serve you out" - I did not hear her say, "I will have your life before the day is out."

GEORGE GOWAN . I did not see any thing done to my father-in-law myself.

Cross-examined. Q. Were you present at the fight? A. Yes, and took an active part in it - I saw the prisoner there - I did not put my hands upon her - I did not touch her in the course of the fight, I am certain - I will not say I did not put my hands upon her husband - I am not positive that I did - I will not swear I did not - I did not assault him - I did nothing at all to him that I know of- it was James Hicks who came up to me as I stood at my door in my shirt sleeves, as I usually do - he came up and challenged me to fight - I said, "It is a pity we should quarrel, we never had any words - let us make peace and quietness" - he said, "No; I will have it out," and struck me in the mouth - I put my hand up against him - the prisoner's husband was present at the time, and my brother-in-law - if the prisoner, or her husband, or her brother-in-law, were hurt in the fight, it was unknown to me - it must be very slightly - nobody but me was concerned in the fight - my wife's brother was present, but took no part in the fight - it was only a mere scuffle - I swear I did not challenge the prisoner's husband to fight.

COURT. Q. What time in the evening was the scuffle between you and Hicks? A. It might be about seven o'clock, or a little after - the last time I saw my father-in-law was about half-past eight o'clock, before he was hurt - I did not see him again till he received the blow, which must have been about half-past nine o'clock - he was in perfect health about half-past eight o'clock - he had had some beer for his supper.

Prisoner's Defence. There were two people quarrelling - I was standing with my hand to the wall, and he knocked a woman into the dust-hole - I said, "Do not ill-use the woman"- he immediately struck me a violent blow in the eye, and took and dragged me by the gown, and the hair of my head - I was a shame and scandal to be seen by and body - with that I went to my sister's for wearing apparel to put on - I went for my husband to come from work, and he wanted to go for a warrant to take them up - I said, "No, I will take

it on myself" - when I came home the deceased stripped to fight, and was very much intoxicated indeed - I took my husband by the collar, and said, "Tom, come away, and we will go and see if we cannot get some redress" - we went to the office, and saw Mr. Prendergast, who told us to come next morning at eleven o'clock, but we did not - I was taken in charge the next day, and the magistrate said one party was as bad as the other, and discharged me - I went home to my husband, and then went to the Borough to my sister-in-law, who was taken very ill there, and could not go home - on the Monday my husband came and told me what had happened, and I went and delivered myself up to Miller, the officer of Lambeth-street - I am quite innocent of the charge - I never went home till five minutes to twelve o'clock - Gowan tore my clothes to pieces.

GEORGE GOWAN re-examined. I never laid my hands on her that day at all - on the Tuesday there was quarrelling and scuffling, and several of the party got my wife down - they were desperate, throwing brick-bats and stones - I got my knuckles sprained with a blow, and I did, (when I saw my wife ill-used, as they are a desperate set,) endeavour to get her out of the scuffle, and might have pushed the prisoner and struck her - I confine myself to the Wednesday - I did not strike her on Wednesday - I might have done it on the Tuesday.

MR. LIDDLE re-examined. I saw the deceased two or three times each day - he died at five o'clock in the morning - I saw him the evening before, about eight o'clock - I did not tell him he was in danger - I told his friends I had no expectation of his recovery - I cannot say whether he was aware of that himself.

MARY GOWAN re-examined. My father-in-law appeared very sensible that he was dying - he said so a little before three o'clock in the morning - I sat up with him - he put out his hand to my mother, and said, "I shall never be able to earn another shilling for you, but Ann Brown is the cause of my death" - he had no hopes of recovery from the first - he said so - he died at a quarter before five - I did not tell him that the doctor had a bad opinion of him - his breath was very bad, and his feet were very cold, and he said he did not think he should recover - he said he expected he should die - about three o'clock he said, "That wicked woman, who I never offended in my life, who threw the brick at me, Ann Brown, she is the cause of my death" - those were the last words I heard him say.

THOMAS GLASS . I live in Glasshouse-street, near the prisoner - I was present at the quarrel on Wednesday, about half-past nine o'clock in the evening, there was a great number of people - two of the Gowans were there - the prisoner and her husband were not there, nor her brother-in-law - her sister-in-law was there - the quarrel continued about twenty minutes - there was violence used on the part of the Gowans out of the windows, and off the top of the house, they threw tiles and bricks from the one-pair of stairs window, and top of the house, towards the prisoner's sister-in-law - it was near to where the prisoner and her husband lived - they were thrown at the prisoner's sister-in-law, and the children who stood round - I do not know the prisoner - I know her sister-in-law - I spoke to one of the Gowans - they did not use any bad language - they told me to trouble my head with my own business, they would not hurt me.

COURT. Q. Did you see the deceased? A. I saw him go in doors - I suppose it then wanted ten minutes to ten o'clock - I did not see him throw any thing.

SARAH BAILEY . I live in White's-yard, near where the prisoner lives - I was near the prisoner's house on Wednesday night, and saw the quarrel - the first I saw was the deceased strip to fight - the second man that stripped was a coloured man, named Smith - the next man that stripped to fight was James Nowan - the next man was George Gowan - the next man they call John Smith - they all stripped to fight the prisoner's husband, when he came home from work, but she pacified him to come home and have nothing to do with the quarrel; and when the bricks were thrown, the prisoner and her husband were there - I have known the prisoner about eight weeks.

COURT. Q. How many men stripped to fight? A. Five - they all stripped together, just a little after eight o'clock - they did not fight, for the prisoner coaxed her husband away; and I came back with her sister-in-law, and sat down on the step of the door - George Gowan came out and struck Ann Brown, and he took up a paving-stone and threw it, and cut her - my husband is a brass-polisher - I was with the prisoner's sister-in-law that night - I staid while this was going on - I saw brick-bats thrown from the top of the house - I took a child out of the prisoner's little boy's arms, when a brick struck him across the thigh, and nearly hit the child - I staid till it was all over, while they were throwing bricks - it might last twenty minutes or more.

MARGARET WILLIAMS . I live in Shorter's-rents, near the prisoner - I had known her about five weeks before this occurrence took place - I saw her on the Wednesday in question, near her house - I was present at part of the fight on Wednesday evening, between seven and eight o'clock, as near as I can recollect - I did not know the deceased by the name of Shubbert - I always understood his name was Smith - he went by the name of Smith, as far as I heard - I never heard him called by any other till the time of the quarrel - I came to live in the place about three years since, and he always answered to the name of Smith - I never heard him answer to the name of Shubbert - I saw some of the Gowans at the fight - about six o'clock the deceased was at his own window sitting in a chair - I did not stay long as my husband was ill - I was back in a short time, and saw them strip to fight Mr. Smith or Shubbert - he was stripped, and his son and son-in-law were actively engaged in the fight - I did not see stones thrown then, but at a later hour I saw stones thrown from both parties - I swear bricks and tiles windows, were from Gowan's thrown down into the street - I cannot say who at - I heard the cries up at the window - the clock struck ten at the time - I heard no bad language.

COURT. Q. At what time did you see tiles and bricks thrown? A. Exactly at ten o'clock - as I was at the window I heard St. Paul's clock strike ten - a young man present called up, "Don't kill the parties below."

THOMAS SINCLAIR . I was in the prisoner's company from five minutes before nine o'clock till twenty minutes after, on the Wednesday night - I was not at the fight at

all - I did not see it - I was at my club, and came down to look at the clock - the prisoner sat at the bar having ale, and asked me to drink - I sat there talking to her from five minutes before nine o'clock till twenty minutes after - I have known her about six months, and have heard the best of characters of her for humanity - I worked with her brother-in law.

COURT. Q. How near is this public-house to the Rents? A. About five minutes walk.

( Mary Gonner , of Greenbanks, St. George's; and Amelia Metcalf , No. 108, Penitent-street, gave the prisoner a good character.)

GUILTY of Manslaughter . - Confined One Year .

Reference Number: t18340904-59

Before Mr. Baron Alderson.

1173. ELLEN DERRICK was indicted for that she, on the 17th of August , in and upon Ann Eccleston , feloniously, unlawfully, and maliciously, did make an assault, and with a certain sharp instrument feloniously did strike and cut the said Ann Eccleston, in and upon the back part and left side of her head and temple, with intent to kill and murder her , against the Statute.

Two other Counts, stating her intention to be to disable or do her some grievous bodily harm.

ANN ECCLESTON. The prisoner lives in Westminster, at Snow's Rents - I remember going to see her on the 17th of October, about a quarter to three o'clock in the afterternoon - I went to her for my apron - I asked her for my apron, but said nothing else to her at that time - she struck me with the poker - I had asked her for my apron in the morning, and she would not give it me - I had had a dispute about it in the morning - we had had a few words; but at the time I am now speaking of, I only asked her for it - she did not give me time to speak, but struck me with the poker on my temple, and on the back of my head - she gave me three blows - I was afterwards taken to the hospital - that is all I know about it.

Prisoner. Between ten and eleven o'clock in the morning she followed me to Broadway, and kept abusing me - she was two hours in the court calling me all manner of names. Witness. I was intoxicated in the morning - I had had something to drink - the prisoner was sober.

DAVID COLLINS . I am a policeman. I remember seeing the prosecutrix crying in Broadway - she was bleeding at the temple - in consequence of what she said, I went and took the prisoner - I found a poker in her room by the side of the fire - there were two pokers - I took up one first, took it, and shewed it to the prosecutrix; and said,"Is that the poker?" - she said, "No" - I then went for the other, and saw it was gone - I turned round to the prisoner, and said, "What have you done with the other poker?" - she said, "What poker do you mean?" - I said,"There was another here" - she denied it; but I searched, and found it wrapped up in the bed-clothes - I asked her what she had been doing to strike her with that - she said she had not struck her - the prosecutrix was drunk, but knew what she was about - the prisoner was sober, and said they had been quarrelling.

ALFRED ABRAHAMS . I am a soldier - I was at Snow's-rents on the 17th of August, and saw the prosecutrix there - I saw the prisoner strike her with something on the landing on the stairs, but I could not see what it was - she had asked Evans for an apron; and the prisoner said, "Wait, Ann, and I will fetch it for you," and went up stairs - the prosecutrix followed Evans up stairs - the prisoner met her on the stairs, and struck her with something black - I could not see what it was - she pushed the prosecutrix down stairs, and pushed her out of doors - I saw her strike her on the back part of the head - I believe it was two blows, but I am not certain.

HANNAH EVANS . I remember Eccleston coming for her apron - I had been stopping with the prisoner a few days - I went up and told her the prosecutrix wanted her apron - I met the prisoner on the top of the stairs, and told her - I went forwards into the room - Eccleston had followed me up stairs - she was talking very loud, and was very tipsy - the prisoner met her on the stairs, but I did not see her do any thing, as I had passed her - I heard Eccleston call out something about her hitting her with a poker - I turned round, and saw her bleeding very much, and found a great deal of blood on the stairs afterwards - I had not seen a poker in the prisoner's hands - if she struck her with a poker, she must have had it in her hand when I met her, as she did not come back to fetch it - the prisoner was sober.

Prisoner. Q. Had not the prosecutrix been following me from ten to eleven o'clock? A. We were going along Broadway in the morning, and met Eccleston - she then spoke to the prisoner, and abused her in the street - she called her several names, and said something about her apron, but she was in liquor then: and this took place near three o'clock.

HENRY HANCOCK . I am a house-surgeon of Westminster Hospital. The prosecutrix was brought in there on Monday, the day after this happened - there was a wound on her temple about an inch long, separating the integuments in the pericranium from the bone - it appeared to be done by a blunt instrument - I did not perceive any wound at the back of the head - she complained of tenderness on the back of the head, but there was no wound - the skin was broken on the temple - it might be produced by the smaller end of this poker - I should think a blow from such an instrument was very likely to produce death - it depends on the force used - all wounds on the forehead are more dangerous than on the back of the head - the skull is very thin on the temple - a very violent blow with such an instrument on the head, would be likely to produce death - she exhibited symptoms of concussion on Monday - I ordered her head to be shaved, and a lotion applied, but she would not undergo the treatment, and left the hospital - she came again on Wednesday in very great danger, but that was in consequence of her neglect.

Prisoner's Defence. There was but one poker in my room - I ordered her out twice when I was washing up my dinner things - she went down again, and came up with the young woman, who went into the room - I met her, and shoved her outside the door - she fell against the corner of the balustrades of the stairs, and cut herself.

NOT GUILTY .

Reference Number: t18340904-60

First London Jury, before Mr. Recorder.

1174. WILLIAM SIMMS was indicted for stealing,

on the 29th of July , 2 1/2 yards of kerseymere, value 15s. 9d.; and 1 yard of silk, value 8s. 6d.; the goods of Samuel Botson Aldred and others, his masters .

MR. PHILLIPS conducted the prosecution.

SAMUEL BOTSON ALDRED. I am a woollen-draper , and live at No. 81, Holborn-hill . The prisoner was a porter in my employment - I have two partners - in consequence of something which happened, I asked the prisoner for the keys of his box - he gave them to me - his box was in the cellar - he unlocked it himself - I opened his box, and found a length of kerseymere and a length of silk - I looked at them attentively - they are our property - I sent for an officer immediately - I said to the prisoner, "What did you do with the kerseymere you cut off last night?" - he replied, "That is in my box" - I am positive he made that reply - it was about two yards and a quarter - the silk was about a yard - the officer was present when he said it was the kerseymere he had cut off the night before - he gave no account of the silk.

Cross-examined by MR. CLARKSON. Q. Before the magistrate did you state that he said it was the piece he cut off the night before? A. I did - I had at that time five servants - they all sell goods except the prisoner - two of them are here - I do not recollect saying before the magistrate that I could not speak to the property at all myself - it is not probable that I said so, nor that I said I could not swear to it unless it corresponded with the other piece - nor that I could not swear it had not been sold - I say it is my property, because it agrees with the piece it was cut from, and it has not been cut since he cut it - the shopmen who are not here had permission to sell - other houses have the same sort of silk.

COURT. Q. Have you any means of knowing this particular piece has not been sold by your shopmen? A. I have not.

MR. CLARKSON. Q. How can you tell this kerseymere has not been sold? A. I inquired whether it was sold - of my own knowledge I do not know it.

MR. PHILLIPS. Q. Are you sure he told you he cut that off the piece the night before? A. I am - he did not say he had sold it to any customer, or account for its being in his box - the officer was present at the conversation - I charged him with stealing the kerseymere - I do not think the silk was mentioned - he said nothing about it.

MR. CLARKSON. Q. Is it occasionally the case that one of your shopmen sells goods to another, and books them to be paid for at the time their wages became due? A. Yes; I should not object to that if it was within the limit of his quarter's salary - I have my books here, and can tell by reference whether any article is entered to the prisoner - if Williams, my shopman, had entered it to the prisoner, I should not object to it, but there is no entry of it - the prisoner would have four guineas to receive at quarter day - this silk is worth 9s. 1 1/2d., and the cloth 16s.

MR. PHILLIPS. Q. Do you remember the prisoner applying for time that Williams might be produced before the magistrate? A. Yes; and he had from the Saturday till the Monday given to him - he did not produce Williams at the examination - he was not asked for- he was informed at the first examination that the books should be open to him, and any body in the establishment he wanted be forthcoming - he did not request William's attendance, and he was not there - he required Almer's attendance for the same purpose, and Almer was there and examined; and the book was produced ready for him if he wanted it - he knew the books were there - he gave no account of the transaction except that he cut it off the night before.

MR. CLARKSON. Q. Is there not an entry in the book of a purchase made by him? A. For a piece of black cloth there is - I opened his boxes on the 29th of July.

MR. PHILLIPS. Q. Are you sure he said he cut the kerseymere off the day before? A. The night before - here is an entry in the book on the 10th of June, of 2 3-8ths black plain cloth, at 5s. 7d.; but this was in July, and this is kerseymere.

COURT. Q. Is there an entry in July of the purchase of any cloth or kerseymere? A. There is not - before the magistrate he said Almer had cut it off, and entered it to him.

RICHARD ALMER . I am shopman to the prosecutor - I booked the black plain cloth to the prisoner on the 10th of June - this is black kerseymere, and not plain.

Cross-examined. Q. What is the difference between kerseymere and plain? A. Kerseymere is twilled - I cannot recollect what day of the week the 10th of June was - the 28th of July was on Monday.

BENJAMIN CATMULL . I am an officer - I heard the prosecutor ask the prisoner how he came by the kerseymere - he said he cut it off the night before - this was on the 29th of July - I am quite certain of his answer - I took the silk out of the box myself - he gave no account of that.

Cross-examined. Q. Did he say he cut it off, or that it was cut off? A. He said he cut it off himself - he said nothing about the apprentice William nor Almer.

JAMES WILLIAMS . I am in the employ of the prosecutor.

Cross-examined. Q. Is it usual to allow servants to have goods, if paid for out of their wages, when they become due? A. I have done so myself - I have had both kerseymere and cloth - I never cut off any silk of this pattern for any servant in the house - on my solemn oath, I never cut it.

MR. PHILLIPS. Q. Did he desire you to book it to him? A. No - I did not cut the kerseymere for him - he never entered it in the book to my knowledge.

( Baron Sullivan , warehouseman, Old Change, and Mrs. Ramsden, wife of Thomas Ramsden , colour-maker, Whitechapel, gave the prisoner a good character.)

GUILTY. Aged 20. - (Recommended to mercy by the Prosecutor and Jury.) - Confined One Month .

Reference Number: t18340904-61

1175. JOHN CLARKE was indicted for stealing, on the 17th of July , 1 handkerchief, value 2s. 6d., the goods of Thomas Ely , from his person .

THOMAS ELY. On the afternoon of the 17th of July, I was in Upper Thames-street - I felt a tug at my coat, turned round, and saw my handkerchief in the prisoner's hand - he was putting it under his black apron - he was within reach of me - I collared him and gave him into custody.

EDWARD THOROWGOOD . I am an officer - I produce the handkerchief.

THOMAS ELY. It is my handkerchief.

Prisoner's Defence. I was walking down Thames-street - I saw some boys throw down the handkerchief - I took it up, and gave it to the gentleman who has claimed it.

THOMAS ELY. There was nobody so near as the prisoner to me - I felt my coat touched, and turned round.

GUILTY . Aged 17. - Confined Six Months .

Reference Number: t18340904-62

1176. JOHN LYNCH was indicted for stealing, on the 30th of July , 1 handkerchief, value 3s., the goods of Thomas Goodale , from his person .

THOMAS GOODALE. I live at Greenwich. On the afternoon of the 30th of July, I was in Bell-alley - I heard a person coming behind me very nimbly - I put my hand saw down and missed my handkerchief - I turned round and the prisoner leaving me at a little distance, and putting it into his small clothes - I chased him, and, with the assistance of two gentlemen, secured him - I saw the handkerchief taken out of a waggon - I had seen it in the prisoner's possession.

SAMUEL RADDEN . I live in St. Swithin's-lane - I heard a cry of "Stop thief!" - I ran out, and the prosecutor had collared the prisoner - I turned round and looked into a waggon - a gentleman was trying to hook the handkerchief out with his umbrella - the prisoner had the opportunity of throwing it there - it was in the way, he had endeavoured to escape - I have it in my possession.(Property produced and sworn to.)

Prisoner's Defence. I was coming through the court, and was not within fifty yards of the gentleman - he caught hold of me - I ran towards the waggon, and two gentlemen laid hold of me.

GUILTY . Aged 18. - Confined Six Months .

Reference Number: t18340904-63

1177. JOSEPH HUNNAM was indicted for stealing, on the 22nd of August , 1 handkerchief, value 2s., the goods of Benjamin Ponsonby Tennant , from his person .

JAMES KIPLING . I was in Fenchurch-street on the 22nd of August, about one o'clock, and saw the prisoner there and the prosecutor - I saw the prisoner put his hand in Mr. Tennant's pocket, and take out his handkerchief - I immediately collared him, and the officer came up and took him - the handkerchief fell on the ground.

BENJAMIN PONSONBY TENNANT. This is my handkerchief, which I lost on the occasion in question.

JOHN OSBORNE (police-constable No. 6.) I took charge of the prisoner, and produce the handkerchief which I received from the prosecutor.

Prisoner's Defence. I was walking along the street - there was rather a mob of people - the gentleman came and seized me, and accused me of taking his handkerchief.

GUILTY . Aged 15. - Confined Six Months .

Reference Number: t18340904-64

1178. HENRY PATCHING was indicted for embezzlement .

WILLIAM GREEN . I am a warehouseman , and live in Cheapside - the prisoner was in my employ in July last - I have fifteen or sixteen servant s - I discharged him on the 22nd of July - Mr. Bickerton, of Gutter-lane, and Cook and Co., of St. Paul's Church-yard, are customers - I never received 10s. from Mr. Bickerton, or 5s. from Cook - there are no such sums entered in my journal - we keep a memorandum-book of goods sent out for approval, but goods paid for at the counter are entered in the cash-book - if the prisoner sent goods for approval, he should enter them in the memorandum-book - and if he sold them for cash, he should take the money into the counting-house to the clerk or myself, and enter them in the journal - it was his duty to take money at the counter, and pay it to the clerk in the counting-house.

JOHN BICKERTON . I am a warehouseman, and live in Gutter-lane. On the 7th of July I applied at the prosecutor's warehouse for some cotton hose - I saw the prisoner, and paid him 10s. for some - I am quite certain he is the man - he asked if it was necessary for me to have an invoice - I said quite necessary.

EDWARD FEATON . I am in the service of Cook and Co., of St. Paul's Church-yard. On the 11th of July, I bought six pairs of half hose of the prisoner, and paid him 5s. in the warehouse.

WILLIAM GODFREY . I am cash clerk to Mr. Green. I attend at his counting-house to receive all the ready money paid at the counter - the prisoner did not pay me, on the 7th of July, 10s. from Mr. Bickerton - nor on the 11th of July, 5s., from Mr. Featon - I have the cash book here.

MR. GREEN re-examined. He was about seven months in my employ - I had no character with him.

GUILTY. Aged 25. - Recommended to mercy by the Prosecutor . - Confined Six Weeks .

Reference Number: t18340904-65

1179. JOHN LEWIS was indicted for stealing, on the 22nd of July , 1 handkerchief, value 2s., the goods of John Drew , from his person .

JOHN DREW. I live in Red Bull-yard, Upper Thames-street. On the afternoon of the 22nd of July I was near the East India-house , about three o'clock, walking arm in arm with a friend - I felt something like a boy endeavouring to squeeze between me and the wall - I turned round very sharp, and saw the prisoner with my handkerchief in his hand - I said, "That vagabond has stolen my handkerchief"- he let it fall, and ran away - I took it up, followed him, and saw him drop two others - the first he dropped was mine.(Property produced and sworn to.)

Prisoner. There were a great many people round me - I heard a cry of "Stop thief," and ran to see what it was - a man knocked me down with a stick - I had no handkerchief about me. Witness. He let my handkerchief fall the moment I said he had it, and ran away, he crossed the road, down St. Mary-axe into Crosby-square - a gentleman knocked him down with his umbrella, or I should have lost him - I saw him throw the two handkerchiefs away, and never lost sight of him.

CHARLES CRUTCHER . I am an officer. I heard a cry of "Stop thief," and took the prisoner - Drew gave me the handkerchief - I have the other two silk handkerchiefs.

Prisoner's Defence. I never had the handkerchiefs - I heard a cry of "Stop thief," and ran.

GUILTY .* Aged 17. - Transported for Seven Years .

Reference Number: t18340904-66

1180. WILLIAM WILSON was indicted for stealing, on the 8th of July , 1 handkerchief, value 2s., the goods of George Lermitte , from his person .

GEORGE LERMITTE. I live in Aldgate. On the 8th of July, about half-past three o'clock in the afternoon, I was in Cheapside - I received information, turned round, and found the prisoner behind me, with my handkerchief in his hand - a friend who was with me took him by the collar and gave him in charge.

WILLIAM COURTNEY (City-policeman, No. 15). I received charge of the prisoner.

Property produced and sworn to.

Prisoner. I was in great distress, and out of work a long time.

GUILTY . Aged 32. - Confined Three Months .

Reference Number: t18340904-67

1181. JOHN ADAMS was indicted for stealing, on the 18th of August , 3 printed books, value 11s. , the goods of Thomas Bumpus .

JAMES PETTIT . I am shopman to Mr. Bumpus, bookseller , of Holborn-bars . On the morning of the 18th of August, I was in the shop, and received information from a gentleman - I ran out - the prisoner was pointed out to me - I saw him running across the road - I followed, crying,"Stop thief" - he was stopped - an officer came up, and took these books from him in my presence - they are worth 11s. - I know them by having my own label on them - they were placed outside the window, and a boy was watching them.

JAMES BEMAN (City police-officer, No. 26.) I heard an alarm of "Stop thief," and ran down Gray's Inn-lane - the prisoner was stopped before I got to him - I immediately took him into custody, and took the books from under his coat.

GUILTY . Aged 23. - Confined One Month .

Reference Number: t18340904-68

1182. CHARLES JONES was indicted for stealing, on the 19th of August , 1 handkerchief, value 1s. 6d., the goods of Edward Ottey , from his person .

EDWARD OTTEY. I live in Field-terrace, Battle-bridge. On the night of the 19th of August, I was coming over Blackfriar's-bridge , and felt something at my pocket - I turned round, and laid hold of the prisoner - I saw my handkerchief in his hand - he immediately dropped it on the pavement - I picked it up, and kept hold of his collar till I gave him in charge.

Prisoner. I was stooping down to pick it up as it was on the ground - a gentleman said he saw me stooping to pick it up. Witness. I saw it in his hand - nobody said they had seen him pick it up - he was close to my elbow - I felt it going out of my pocket, turned round, and collared him momentarily - he was quite upright with this handkerchief in his hand.

WILLIAM HOWELL . I took the prisoner into custody.(Property produced and sworn to.)

Prisoner's Defence. I was coming by at the time, and was just stepping off the curb; I picked it up - the gentleman turned round and laid hold of me, and before I got the handkerchief in my hand he picked it up himself.

GUILTY . Aged 18. - Confined Six Months .

Reference Number: t18340904-69

1183. WILLIAM WILLIAMS was indicted for feloniously assaulting Ann Templeman , on the 25th of August , at Allhallows, Lombard-street , putting her in fear, and taking from her person and against her will, 8 shillings, and 1 sixpence, her monies .

ANN TEMPLEMAN. I am a widow , and live in the Licensed Victuallers' alms-houses, in the Kent-road. On the evening of the 25th of August, about seven o'clock, I was at the corner of Fenchurch-street - I had come from Spitalfields - I was surrounded by two men and two women - one of the women held me by my arm - she was an old woman - I had had an idea that she was taking hold of me to pass me at first, but she held me so fast grasping my arm violently, I could not get away - she had hold of another little man's arm, and they kept jostling me - another man on the other side of me kept hustling me - I said, "What do you want with me?" and at last I got away, and found my money was gone from my pocket - I saw the prisoner alongside me and facing me - he was one of the two men - he was not the man who had hold of the woman's arm - that was a little man - I did not see the prisoner do any thing - he was only close to me, and prevented my passing him - when they had done this, I got my arm forcibly from the woman, and missed my money, which was 8s. and a 6d. - I had 6d. in halfpence in my left hand pocket - the prisoner was in front of me, which prevented my stepping forward - his back was towards me at first - then he turned, and I saw his face plainly - he was some time before me - I was looking him in the face all the time - they left me in two or three minutes - I got under an oil shop window, and was very much alarmed finding I was robbed - I saw all the four persons together afterwards, between the church and Little Eastcheap - I know as I came along by a court leading to Leadenhall-market that I had my money in my pocket - that could not exceed five or ten minutes before - nobody had touched me or interfered with me after that till this happened.

Cross-examined by MR. CLARKSON. Q. Now what time of night was it? A. About seven o'clock, as near as I can guess - it was not broad daylight - it was so light I saw the prisoner's face and features - it must be daylight, I suppose, according to the hour - it was at the corner of Grace-church-street and Fenchurch-street - of course, there were more people than the prisoners coming along; but my attention was taken by the woman holding me, and the man hustling me - I did not notice whether there were many persons passing at the end of the street - I do not know the times the steam boats discharge their company - my attention was quite taken to dislocate myself - I had the 8s. 6d. shortly before, as I was in the court in Leadenhall market, I can safely swear it was in my pocket - I live in the Kent-road - the court I speak of leads into Gracechurch-street - I put my hand into my pocket and felt it - I merely put my hand into my pocket, and the money was in it then - I had no reason for doing that - I had not been at all incommoded in the road from the market - I was not incommoded by any body - the pavement was perfectly clear till I got to the corner.

Q. Did the prisoner exchange a word with you, or with any body else? A. He did not with me, nor did I see

him with any body else - there might be other people passing - I cannot say whether there was a crowd passing - there might have been; I was in such a predicament with a woman holding me, I felt desirous of getting away, at my time of life - the 8s. 6d. was in my left hand pocket - the prisoner was on my right side - it was the little man and the woman that surrounded me, and the prisoner was on this side of me - they were all in company, when I followed them down Gracechurch-street, and saw them by the church - when I lost the money, I was alarmed, and was under the necessity of pledging a gown, as I came along, to make up the money.

Q. How long elapsed between your being surrounded, as you describe, and the time you say you saw the prisoners together? A. It might be about a quarter of an hour- I went to the oil shop at the corner, and the young man there called a policeman - the little man and the woman went away when I got from them - I afterwards saw them all together in Gracechurch-street, and I saw the prisoner coming out of Talbot-court - they were not all close together, but they were all in company together - he was the width of the court from them, and the little man was with them - he spoke to the little man, and the little man ran away - they were talking - I will not swear he spoke to the little man - he was talking when he came out of the court, and the little man was with him - the instant I took hold of the prisoner, the little man ran away - the officer was with me, but I took hold of him first - this might be half an hour after I lost my money, because I went down Gracechurch-street to see if I could see them, and then had to come back to the policeman - that policeman was gone, I called to one who is a witness, and he went with me - I missed my money as soon as I got under the window - I was so agitated I could scarcely put my hand into my pocket - I did not cross over the way before I missed any thing, nor did I go off the pavement - the oil shop is on the left hand side - I was on the same side of the way when I missed my money - I saw the prisoner searched, and 6s. 6d. was found on him - in silver, 1s. - my money was eight shillings, and a sixpence - I had no mark on it - I had not observed the hand of the prisoner about my person at all.

COURT. Q. Which pocket was your silver money in? A. My left hand. The prisoner stood on my right side, when he was by my side, and he was in front of me, I think, two or three minutes - when I dislocated myself from the woman, he ran away - he was there when I got from the woman - I turned round, and asked, what he meant by holding me so fast? - there was no necessity for the prisoner to press against me as he did - the pavement is very wide.

MR. CLARKSON. Q. Do you mean to say he pressed on you? A. He was close to my side, and I turned round, and saw him.

COURT. Q. Did not you say he prevented your getting on? A. He did; and walked in this manner, to prevent my going forward - I was obliged to turn towards the window of the oil shop, to avoid him, when I got from the woman.

THOMAS SCOTT . I am a policeman. I was directed by the prosecutrix to go in search of the party who she complained of - my inspector ordered me to go - she complained to him - the inspector gave me orders to watch for them - she was with him at the time, making a complaint that she had been robbed - I told her to go in front of me, and any of the party she saw to point out to me - I went in the direction of the bridge, but could see nothing of the party - I told her to come back in a direction from Gracechurch-street, and, at the corner of Talbot-court, she went up to the prisoner, took hold of him, and said, "This is the man, and that is the other man," pointing to a little man - I laid hold of the prisoner, and took him to the watch-house - six shillings and six pence, in silver, was found on him.

Cross-examined. Q. As she herself took hold of him, what did you do with the little man? A. I could not take him - the moment I laid hold of the prisoner, the other went off - the prosecutrix caught hold of him first - I was not close to her at the time - I was two paces from her - I knew she could not hold the prisoner, and I collared him immediately - the little man made off immediately - I think I was a quarter of an hour with her before I found him - I told him he was accused of robbing the woman of her money - he said, "It is no such thing" - I told him to come along with me to the watch-house, and state what he had to say to the officer of the night, and make what complaint, or whatever he had to say - he complained of being taken into custody, when he got to the watch-house.

COURT. Q. How far was the spot where he was taken, from where she described herself to have been robbed? A. I should think, sixty or seventy yards.

MR. CLARKSON. Q. I do not know whether you know what time the steam-boats discharge their passengers of an afternoon? A. Mostly from seven to eight o'clock. She was ill-used between seven and eight o'clock - she did not come to the station-house to complain - I saw her at the end of Fenchurch-street - there was a good many people passing along the street at this time - the street was a good deal crowded at the time I took the prisoner into custody - I had not been walking in the direction of the bridge before - I had come from the watch-house.

Prisoner's Defence. I am totally innocent of the charge altogether - I never saw her till she met me at the corner of the court, and accused me of the robbery - I have not a doubt anybody who was there she would have mistaken for the person.

MRS. TEMPLEMAN re-examined. I suppose it was not less than half an hour after I lost my money that I saw the prisoner again.

( Joseph Parman , Cabinet-maker, Old-street; Francis Wheeler , Chair and Couch maker, Earl-street, Finsbury; and Thomas Kimber , Coal-merchant, Mary-street, Hampstead-road, gave the prisoner a good character.)

NOT GUILTY .

Reference Number: t18340904-70

NEW COURT. - Friday, September 5th.

Fourth Middlesex Jury, before Mr. Common Sergeant.

1184. SARAH BROWN was indicted for stealing, on the 28th of December , 1 framed painting, value 3l. , the goods of Robert Henderson Simpson .

ROBERT HENDERSON SIMPSON. I live in Charlotte-street, St. Pancras - on the 28th of December I had a painting in a frame - I left my shop in care of a little girl,

who went to sleep, and the shop was entered and the painting taken - this is it.

JOHN NESBIT (police-serjeant E 6). On the 28th of December, I met the prisoner in Tottenham-court road, about nine o'clock in the evening - she had this painting and some books - I asked her where she got them - she said from a person who was moving - I asked her where, she she said she would show me - we went on a short distance, and then she said she was going to take them to a Mr. Brown.

Prisoner's Defence. I was walking along, a man gave me these things to take as far as a cab, and the officer took me.

JOHN NESBIT. She said she was waiting for her brother.

GUILTY . Aged 16. - Transported for Seven Years .

Reference Number: t18340904-71

1185. EDWARD VINCENT and SAMUEL PLOUGHMAN were indicted for stealing, on the 2nd of August , 2 cheeses, value 6s. , the goods of William Crump and another.

JOHN JAMES CONERLY (police-constable H 135). About twelve o'clock on Saturday night, the 2nd of August, I saw the prisoner in Birdcage-walk - Vincent had two cheeses under his arm - I followed them to Wellington-row - I then saw them again, and Ploughman had the cheeses - I asked what he had got; he said he believed two cheeses, but they did not belong to him, but to the man who was then coming up - I kept him till Vincent came up - I then asked him if they belonged to him - he said he knew nothing at all about them - when I got them a short distance, Vincent said, "For God's sake, let me go; if I must go further, you must carry me" - I then shoved them into a baker's shop, tied their hands together, and made them walk before me.

Cross-examined by MR. PHLLIPS. Q. Did you not state, on your examination at the office, that it was twenty minutes before one o'clock when you saw them? A. No; I said about twelve o'clock, or a few minutes after - Vincent had been drinking, but was not tipsy - the prosecutor lives seven or eight hundred yards from where I met them.

WILLIAM CRUMP. I live in Hackney-road . These cheeses are mine - I saw them safe at six o'clock that Saturday night.

Witness for the Defence.

HENRY LEGG . I am a carpenter, and live in Bath-street. On the night of the 2nd of August I was with Vincent at Birdcage-walk till a quarter past twelve o'clock, at the Earl Grey, which is half a mile from the prosecutor's.

NOT GUILTY .

Reference Number: t18340904-72

1186. WILLIAM WOODALL was indicted for stealing, on the 23rd of July , 1 sovereign, the monies of Henry Stanton , from his person .

HENRY STANTON. I live in Hackney-road. On the evening of the 23rd of July, I was at a society in Bride-lane - I met the prisoner, and went to a house and drank with him - we then went out, and a girl came and spoke to him - he said she was an acquaintance of his, and asked me to give her something to drink - I said it was too late, the houses were shut up - the girl said, "Come to my house" - I went with her to a house in Bell-lane , which I thought was a private house - when I got in the prisoner went out - I got up and said, "I shall not stop with you" - I made some disturbance - the woman came up and said, "Here is a respectable young woman just come from Stroud, I will leave her with you" - I said I should not stop - I sent out a crown piece to get a pint of gin - the prisoner returned in about five minutes and sat next to me - I had then a sovereign and some silver in my pocket - the prisoner said,"What did you make such a disturbance about? you are safe enough here" - I said I was not going to be left there - he then gave me two or three glasses of gin - I lost my recollection, and cannot swear to any thing more - I found myself in the morning on the top of the bed, with my clothes on - I missed my sovereign and all my silver.

ANN PAGE . I have been stopping at this house since I have been from the country - I went into the room; the prosecutor was there - he said he was not going to stop with the other female - I saw the prisoner come in - he sat by the prosecutor's side, laid him back upon the chair, put his hand into his right hand pocket, and then drew it out, but I did not see any thing in it - the prisoner then left the room - the prosecutor immediately said he was robbed, and the other female ran after the prisoner, but could not find him - she came back, and the prosecutor said he would give her in charge, but she went away.

THOMAS PRENDERVILLE (police-constable G 140). I took the prisoner at the same house the night after - he said he took the money with the intent that the prosecutor should not be robbed by the females, and he intended to give it him again.

Prisoner's Defence. I went to the house the night after, to inquire for the man, and they gave me in charge.

NOT GUILTY .

Reference Number: t18340904-73

1187. JOHN SMITH was indicted for stealing, on the 5th of July , 1 handkerchief, value 4s., the goods of William Gibbon , from his person .

WILLIAM GIBBON. I am a schoolmaster , and live at Northfleet. On the 5th of July, about three o'clock in the afternoon, I was in Shoreditch - I felt a pull at my coat pocket, and missed my handkerchief - I turned round and saw two men smoking pipes behind me - I said they had my handkerchief - one of them walked off - I then told the prisoner, who was the other person, that he had it - he said,"No; the man who has walked off has it, and I know nothing of him" - an officer came up, and I gave him in charge - this is my handkerchief; the officer found it, but he is very ill, and cannot appear.

Prisoner. Q. Did I not say that I saw the young man who ran away pick your pocket and throw the handkerchief down, and I took it up? A. No; you said you had not got it.

GUILTY . Aged 21. - Transported for Seven Years .

Reference Number: t18340904-74

1188. SAMUEL HAYLETT and HENRY BLAND were indicted for stealing, on the 16th of August , 3 trusses of hay, value 9s. ; the goods of Thomas Curtis .

WILLIAM LARMAN . I am a hay dealer at Enfield. The prisoners were both in my employ - they drove two loads of

hay on a Saturday in August - I went to Whitechapel with them - I delivered them to Mr. Sweeting, the hay-salesman, to sell - I saw a man talk to Mr. Sweeting, and he put some chalk on the shafts; they were to be sent to Mr. Curtis's hay press - they were taken by the prisoners - there should be thirty-six trusses in each load.

Cross-examined by MR. PHILLIPS. Q. You did not count the trusses on the carts yourself? A. No; the prisoners were very good servants.

FREDERICK STAMFORD . I live in Bengal-terrace. I purchased three loads of hay of the salesman - one was a load of new hay - the prisoners were to take them to Mr. Curtis.

EDWARD PRINCE . I am servant to Mr. Curtis. The prisoners brought two loads of hay - I counted twenty-eight trusses in the first load - then Mr. Curtis's son got on the wheel, and that took off my attention from that - the other load had thirty-six trusses in it - the prisoners threw a bundle of hay off each load, just as they got in at the gate, and when they were going away, they put them in again - I should, not think they were worth 5s. - I considered it was for the use of the horses - they were banded, but they did not appear the size of a truss.

ELIZABETH CLIFF . I am servant to Mr. Curtis. I saw the prisoners come in with two loads of hay - each prisoner threw down a bundle of hay outside the gate - I know what a truss of hay is - what they threw down, was not as much as a truss, but it was tied with two bands - they took it up openly, and I said it was not fair, it belonged to my master - the prisoner gave me no answer - the officer afterwards came to my master's - no hay had been taken away before he came.

JOHN STONE . I am a coal-merchant, and sell beer. The prisoners came to my house on the Saturday afternoon - they each of them brought some hay on their shoulders, and pitched it down outside the door, but they said nothing about selling it - they called for some beer, and bread and cheese - the policeman came up and said, "Do you want to sell this, what do you want for it?" - they said, "Three shillings a truss" - they called them trusses, but I do not consider they were trusses - there had been some pulled out - they did not say any thing to me about selling the hay - I said, "What do you bring hay here for? I don't want any."

JAMES CLARK . I saw the two prisoners go up to Stone's door with a truss of hay in each cart - they were trusses - I weighed them - one of them was 6 lbs. short of weight, and the other 10 lbs. short - 56 lbs. is a truss - when they put them down, Stone went out and spoke to them, and I heard Haylett say, "Why, you are always grumbling; you grumbled at the truss of clover I brought" - Stone then said he did not want any hay - I then went and asked what they wanted for it - they said, 3s. a truss - I took them and the hay to the station-house, and sent an officer to where they had come from.

Cross-examined. Q. How did you ascertain where they came from? A. They told me themselves where they had delivered the hay.

JOHN PAGAN (police-constable N 69). I saw the prisoners put down the two trusses of hay at the beer shop - Stone asked who it was for - they said, "For you" - he said he did not want any, and Haylett said, "You are always grumbling" - I afterwards went to Curtis's, and counted the trusses of hay - there were 104 trusses, which was 4 trusses short of the 3 loads.

WILLIAM LARMAN . There ought to have been 36 trusses of the new hay, and 72 trusses of the old.

EDWARD PRINCE . The officer counted 1 truss short - there were only 3 absent - there was one under the ladder which he did not count.

NOT GUILTY .

Reference Number: t18340904-75

1189. GEORGE HEWITT was indicted for stealing, on the 12th of March , 2 beds, value 10l.; 2 bolsters, value 2l.; 4 pillows, value 2l.; 2 quilts, value 1l.; and 2 tables, value 10l. , the goods of James Wellsted .

The Prosecution was conducted by Mr. HEATON.

CHARLES FREDERICK WELLSTED . I am the son of James Wellsted - I manage his business - on the 28th of March, the prisoner came to my father's premises, and said he was required by Mr. Calvert Browning , of Lincoln's-inn-fields, to have some beds, and other articles which he named, for Mr. Bulmer, of Upper Seymour-street - he asked what the hire of them would be, and I said, 26s. a month - he said he would see Mr. Browning, and come the next day, which he did - he said he considered it a reasonable charge, and as Mr. Bulmer was a particular gentleman, he would require the beds to be put in new cases - we sent the first portion of them by King and Warren, on the 19th, and the remainder on the 21st - I have seen the goods since, and identified them - two of the quilts are here.

Prisoner. I never mentioned Mr. Bulmer's name, or Mr. Browning's. Witness. A. Yes, you did; I did not see you call a few days afterwards to recommend us a customer - after you had ordered these goods, you gave me a paper, which was a memorandum of the goods, and where they were to go - it had your name to it, but if you had applied for the goods for yourself, they would not have been delivered to you - we knew Mr. Browning, and sent them for him.

GEORGE WARREN . I am porter to Mr. Wellsted. On the 19th of March I delivered two rosewood card tables, one bolster, one pillow, and two white counterpanes, at No. 55, Upper Seymour-street - on the 21st, I went with King and took some other goods - when we got to the door we met the prisoner, who spoke to King.

CHARLES KING . I went there on the 21st of March to take some goods - I met the prisoner at the door - he said,"You have brought the goods from Mr. Wellsted?" - I said,"Yes" - he said, "They are, at present, fumigating the rooms - you had better not put the goods in, but bring them to my office, No. 73, Berkley-street, and as soon as the rooms are fumigated, they shall come here" - we took them, and put them in a small parlour by the side of his office.

CHARLES JAMES OWEN . I am a labourer. I was in the habit of doing jobs for the prisoner, till within a few days of his being taken - on the 19th of March, I went to his office, No. 73, Upper Berkley-street - he had told me, a few days before, that if I called, he would give me a job to carry a couple of beds - I pawned the goods stated - the two beds were pawned in one day, and the other articles at dif

ferent times - I pawned these quilts, I got 6s. for one - the whole of the goods I got 8l. 15s. for - I gave the prisoner the duplicates and the money.

CHARLES CALVERT BROWNING . I am trustee for the house in Seymour-street - it was let to Mr. Bulmer, but I never authorized the prisoner to get goods from any one.

Prisoner's Defence. I had no intention of keeping the goods - I sent word what I had done, and Mr. Wellsted said, if I got one of the counterpanes out, there would be no charge brought against me.

GUILTY .* Aged 43. - Transported for Seven Years .

Reference Number: t18340904-76

1190. WILLIAM THOMAS was indicted for stealing, on the 24th of July , 1 tea-caddy, value 15s. , the goods of Michael Francis Tindale .

MICHAEL FRANCIS TINDALE. I am a cabinet-maker , and keep a shop in Ratcliff-highway . On the 24th of July, I was returning home; and when I was opposite my own shop, I saw the prisoner coming out with the caddy under his arm - I went and asked if it had been sold - they said "No" - I then followed the prisoner - some persons called out, "There is a gentleman behind you" - the prisoner then turned, and threw it down - I took him - the caddy was picked up and given to me.

Prisoner. Q. Did you see any one in the shop with me? A. No: I saw you in the shop with it under your left arm.

JOHN ALSFORD . I am in the prosecutor's employ - I was at work - the prisoner did not purchase any thing - I went out and saw him throw the caddy at the prosecutor's feet.

Prisoner's Defence. I was passing along - I observed a man put this caddy by the side of a door - I waited a few minutes, and, as no one came, I took it up.( Michael Sanders , of Cornwall-place, a muffin-baker, gave the prisoner a good character, and promised to employ him.)

GUILTY . - Aged 19. - Confined Two Months .

Reference Number: t18340904-77

1191. ABRAHAM ROBINSON was indicted for stealing, on the 16th of August , 1 pair of iron chases, value 14s.; 12s.; and 1 sixpence; the goods and monies of George Wright and another, his masters .

GEORGE WRIGHT. I am a printing-press maker , and live in Blackfriar's-road . I am in partnership with Thomas Johnson - the prisoner came into our employ on the Monday previous to the 16th of August, and on that day we sent him with a pair of iron chases to Mr. Hopkinson - I gave him 12s. 6d. in money to give change for a sovereign - he did not return - I met him afterward - he said he did not know what he had done with the chases - he had no money - I went with him to one place, but could not find them - he was not drunk when he left me.

Cross-examined by MR. PHILLIPS. Q. Had you not sent him to Mr. Cope's in Cumberland-street? A. Yes; and he brought me back 14s. 2d. for a pair of chases: but this pair Mr. Cope would not have - he returned between eleven and twelve o'clock - I went to a public-house with the prisoner, and had bread and cheese and two or three pots of beer - I believe I was only in one public-house - I do not know the sign - I was sober - I do not know what I paid - I will not swear I was not in another public house or two - when I found the prisoner next day he was in Shoreditch, but my partner found him in bed.

MICHAEL HAZLEHURST . I live in Cumberland-street. On the evening of the 16th of August I heard a noise with my wife, my lodger, and the prisoner - I went out, and the prisoner was gone - he had left this printing chase against the wall, and I took them to Mr. Cope's.

NOT GUILTY .

Reference Number: t18340904-78

1192. SAMUEL HOGG was indicted for stealing, on the 16th of August , 80 yards of linen, value 6l.; 3 dresses, value 1l.; 5 yards of lawn, value 10s.; 2 1/2 yards of cambric, value 14s.; 1 pair of stockings, value 4s.; 3 pair of gloves, value 4s.; 2 yards of silk, value 4s.; 3 handkerchiefs, value 9s.; 2 caps, value 2s.; 2 yards of trimming, value 3s.; 25 yards of lace, value 13s.; 1 scarf, value 3s.; 30 yards of ribbon, value 10s.; and 150 buttons, value 2s.; the goods of William Goldsmith and another, his master , to which indictment he pleaded GUILTY . - Confined Seven Days in Newgate .

Reference Number: t18340904-79

1193. ANN VICKERS was indicted for stealing, on the 10th of July , 2 cups and saucers, value 1s.; 1 glass salt holder, value 1s.; 1 sugar basin and plate, value 3d.; 3 glass bottles, value 6d.; 1 chocolate stirrer, value 8d.; 1 powder box, value 6d.; 4 spoons, value 6d.; 1 handkerchief, value 2d.; 1 napkin, value 1s.; 1 table-cloth, value 1s.; 6 pieces of carpet, value 6d.; 1 duster, value 1d.; 3 pieces of chintz, value 1s.; 6 wax candles, value 3s.; 20 pieces of wax candles, value 2s.; 8 curtains, value 1s.; 1 china milk jug, value 9d.; 1 blue-bag, value, 1d.; and 50 printed numbers, value 2s.; the goods of Edwin Dove , her master; and 1 shawl, value 6d. ; the goods of Eliza Chandler .

MESSRS. ADOLPHUS and CLARKSON conducted the Prosecution.

MARY DOVE . I am the wife of Edwin Dove - he keeps a hair-dresser's shop in Clifford-street - I let part of the house in lodgings - the prisoner came into my service on the 17th of February, and remained until the 10th of July - I missed a great number of things, and after she had left I applied for a search warrant - I knew where she was to be found - I had a nurse-maid named Eliza Chandler; she accompanied me, with Schofield and Avis, on the 31st of July, to No. 6, West-row, Carnaby-market - I inquired for the prisoner - she was not at home, and Schofield went to look for her - I found a person named Glasse there, she went with Schofield to find the prisoner - I had not learned what part of the house the prisoner occupied, but I found in the back kitchen this shawl of Chandler's, which was tied up in a bundle - Avis opened it before Schofield returned, and every thing here, with the exception of this china cup and saucer, and this pincushion, were in it - I have every reason to believe these wax candles are my husband's, but of course I cannot swear to them - there are twenty pieces and six whole ones - we had candles exactly like them, and the prisoner had opportunities of taking them - I had repeatedly missed pieces and whole ones - here is a diaper napkin and a small table-cloth, which I know to be my husband's - I told the officer there were the letters "M D" on

the napkin, but it has been picked out - I can see where it has been picked out - this table-cloth is marked "W H" - before I was married my name was Hemming, and I had been in partnership with a person named Wills - "W H" were the initials of our names - I missed this the first fortnight the prisoner was with me - this chocolate stirrer and powder box I know, and I had missed them - I had missed this glass salt holder the day before I went to the prisoner - this little sugar basin, these spoons, and these glass bottles, I had missed - besides these articles, which I found in the shawl, I found this cup and saucer on the shelf - I have no doubt they are mine - when the officer came back with the prisoner, her attention was called to three boxes which were in the back kitchen - Schofield asked which were her boxes, and she pointed to them - two of them were locked - the officer had the bunch of keys in his hand, and he asked her which were the keys of the boxes - in the first box he found fifty numbers of the Mirror and the Penny Magazine - I had lost such, and I believe them to be mine - when he was about to search the second box, she denied its being hers, though she had before claimed it, and said it belonged to Mrs. Glasse - Mrs. Glasse said, "My dear, don't you remember I sold it to you?" the prisoner said,"Yes, I had quite forgotten it:" she pointed out the key, and Schofield opened it, and found in it these eight curtains, which are my husband's property - in the third box he found this piece of brown holland, which I had not missed, but it is mine - all these articles are my property, but this shawl, which is my servant's - they are all of small value.

Cross-examined by MR. PHILLIPS. Q. And yet that shawl she is charged with stealing? A. I did not charge her with stealing it; but she is charged with having stolen it - after she left me, a woman, named Sarah Parr, came to my house, from the prisoner: to tell my nursemaid that the prisoner had her shawl, and desiring her to go to her for it, and to take her a shilling, which she owed her - I did not abuse the messenger and the prisoner - I said the prisoner was a very artful woman, she had robbed me, and at a future time she might expect to see me - and if she would come herself, she might have her two aprons, which she had left in her bed-room, if she would return half-a-crown to a young man who was servant to one of my lodgers - it was about a week before she was taken that I sent this message - if she had received that message, she had that week to have got rid of the property, but I do not know that she ever received the message - I did not know where the prisoner was living, till Mrs. Parr came and told my nursemaid, who told me - there was no letter came to my house for the prisoner - she brought a letter of character with her - I gave that letter to Mrs. Hampton, the lady the prisoner lived with before she came to me; I mean Mrs. Colonel Hampton, the lady who prosecuted her before - I gave it her, because I knew she was under an indictment for perjury - the prisoner told me where she lived, and I gave her the letter - I do not consider that letter belonged to the prisoner - she gave it me, and begged me to keep it until she took her trial - I heard that the prisoner was to be a witness against Mrs. Hampton - the prisoner wished me to give her a character, and therefore I did not suspect her, as I thought her character would be of more value to her than these trifling things - I took up one article in one of the boxes, which I thought was my husband's front, but it was not; and I took up some ostrich feathers, but they were not mine - I do not know that I claimed any other things, which the prisoner proved were hers - there were some plates and dishes taken down, and I said I had lost a great many, but I did not claim them - Mrs. Glass said they were hers, and I said, "Then take them" - I do not know that I swore to any things at the police-office which are not in this indictment.

MR. CLARKSON. Q. Are there any things which are left out of this indictment, because the prisoner could give clear proof that they were hers? A. There was a little pomatum pot, and the officer asked me if I could swear to that? - I said "No" - I only knew that my husband had a great many such, and it was taken out - I have no connexion with Mrs. Hampton - I never permitted the prisoner to have any of these things.

GEORGE AVIS . I am an officer of Marlborough-street. I went with Mrs. Dove to a house occupied by Mr. Randall, in West-row, Carnaby Market - the prisoner was not there, and Schofield went in search of her - I saw these articles found, tied up in this shawl - when the prisoner came, I asked her if that bundle and its contents were hers - she said, "Yes" - I opened it, and asked her if the candles were hers? - she said, "Yes," and that she had them when she lived with Mrs. Hampton - I asked some other questions, but she declined giving any more answers.

BENJAMIN SCHOFIELD . I went with West-row - the prisoner was not there, and I went with Mrs. Glasse to No. 15, Maddox-street, where we found the prisoner - I told her, in Mrs. Glasse's presence, that I had a search-warrant to search her apartment, and she must come home - we left the house together, and, in going along Maddox-street, I observed Mrs. Glasse hang a little behind, and I saw her take something white from the prisoner, which she appeared to put into her right hand pocket - when we got opposite the office, I said to the prisoner, "You must step in here" - she made no objection, but Mrs. Glasse tried to get away, and I was obliged to hold her, and call for assistance - we went into the office, and I took them into a private room - I then said to Mrs. Glasse, "Now, tell me what the prisoner gave you in Maddox-street?" - she hesitated some minutes, and said, "Nothing" - I said, "I am sure she did, and you have got it in your right hand pocket" - she had her hand in that pocket at that time, and she drew out this pocket, which the prisoner admitted was hers - I found this bunch of keys in it - we then went to West-row, and I asked the prisoner if she had any boxes - she said, "Yes," and pointed to three behind the door - I proceeded to search them, and these articles were found as has been described.

ELIZA CHANDLER. This is my shawl.

Cross-examined. Q. Did you owe the prisoner a shilling? A. No, ninepence - I remember Parr coming with a message from her.

WILLIAM CHARLES CHRISTIAN HUMPHRIES . My father is the attorney in this prosecution. Here is the list of articles supposed to be lost by the prosecutor - it is in my handwriting - here is a shawl struck off by my father's

direction, because it did not belong to Mrs. Dove; but the list was given in, and that is the reason the shawl was included in this indictment.

Prisoner's Defence. My Lord, and Gentlemen of the Jury, I must beg your indulgence while I state the full particulars of every thing - I entered the service of Mrs. Dove, as servant of all work , with a written character from Mr. Daniel Vickery , of Sandown-place, Bristol, with whom I had lived twelve months previous to my going into the service of Mrs. Colonel Hampton ; but Mr. Vickery having by mistake written my name "Hickers," in a former character, it was reported, after my trial at the Old Bailey, that it was a forgery; and, on my applying for a situation, that character was refused. I referred them to Mr. Hilyer, of Poland-street, Oxford-street, who had visited the family, and seen me there; and I called on him, begging him to state so - he said he remembered me perfectly well, and he remembered Mr. Vickery speaking highly of me, but the body of the letter being Mrs. Vickery's writing, Mr. Hilyer could not swear to it, and I was then thrown upon the open world, without friend or home, and destitute of character - in this distress, I applied to Mr. Hilyer, and stated the case to him exactly as it was - he pitied me much, and wished me to write to Mr. Vickery, informing him of my situation, and begging him to write my character in his own handwriting, which Mr. Hilyer would be able to prove was no forgery - but in three or four days after my trial and acquittal here, I was thrown upon a sick bed, and confined, by very serious illness, for a great length of time - as soon as I was sufficiently recovered to take a situation, I wrote to Mr. Vickery - I did not receive an answer for two or three days, and I wrote again, begging him to state the character I deserved while I was in his employ - in answer to this, he sent a letter, stating that I had lived twelve months in his service, and had conducted myself well - this letter concluded with his name and address, but it was directed to me by the name of "Mrs. Hickers" - I observed he had spelt my name wrong, but as my character had been so much injured by the prosecution, that I could not take a situation as lady's maid, I did not mention the mistake - I then heard of Mrs. Dove's situation - I applied there, and took my character - she read it, and said, if I thought proper to take her situation at six pounds a year, as servant of all work, she would hire me; there were six of her family, four lodgers, and all the washing done at home - but she said it would be made up to as good as thirty guineas a year - I entered her service, and when I had been about three weeks, I was one day standing at the door, when I saw Madam and Mr. Follet go by - I was aware that they knew me, and I was much afraid they would inform Mrs. Dove who I was, by which means I might lose my situation - Mrs. Dove's was the most wretched situation I ever heard of- still I determined to remain, as I knew I was starving, and was striving to regain a character which had been taken from me - a month passed on, and I observed a very great change in Mrs. Dove's behaviour - I was afraid she had heard that I had lived with Mrs. Hampton - in a few days after she called me into her room, and said, "I understand I have got a thief in my house, and you have lived with Mrs. Colonel Hampton?" - I said I had - she then said, "I am informed you are married?" - I said, "I am" - she said, "You have entered my service with a false name" - I said, No, I have not - I then explained the circumstances to her, and referred her to Mr. Hilyer, of Poland-street - she then said,"I have heard a most desperate character of you, and Mrs. Hampton has fearful apprehensions of you on her trial, and it would be better for you to go out of town" - I said, "I am a witness against her, and nothing shall induce me to leave London" - she then said, "Mrs. Hampton will give me any sum of money to get you out of the way, that you should not appear on the trial" - I said, I was afraid she would hear of me, as when Madam and Mr. Follet passed and saw me, I knew they would tell who I was - I stated how much I had suffered, and how much I dreaded a repetition of the past - she said, she felt much for me, and if I would stay, so far from allowing Hampton's party to injure me, she would protect me - I then passed two months in her service, suffering every privation - I had not a sufficiency of food to eat, having nothing but dry bread for eight or nine days together; in fact, we were half-starved, yet I submitted to it to regain my character - there was a gentleman named Palmer lived on the second floor - I had to clean his shoes and boots, and he found his own blacking - there was also another gentleman, who lived on the third floor, whose shoes I had to clean, and Mrs. Dove was to find blacking - she told me to black them with the other gentleman's blacking, and she made out bills for them as if they were cleaned at the hotel, giving me strict orders not to tell Mr. Palmer's servant - I had frequent opportunities of witnessing Mrs. Dove taking sugar and whitey brown paper of his, and if sixpenny-worth of biscuits came, she would take three or four of them - finding this to be the case, I had very little hopes of getting more than the 6l. a year - the time, however, for Mr. Palmer settling his bills came round, and Mrs. Dove said, no doubt he would give me two sovereigns, but he gave me nothing - Mr. Palmer's servant said that nearly a quarter of a pound of tea was taken - I made a reply, "Mrs. Dove has taken it, and she is in the habit of doing it; I should not like the gentleman to suppose that I had taken it, and if you will tell him this, and he will call her, I will say the same" - and Grant, who was then the nursemaid, corroborated my statement - when I have told Mrs. Dove I was dissatisfied with her situation, and that she had deceived me, she would fly into a rage, and say, I ought to be thankful that she kept me, and that if I left her, she would report it over the neighbourhood, and left it be known that I was a person who was tried at the Old Bailey - the gentleman then missed his French polish, and he said to Mrs. Dove, "My French polish goes very fast" - Mr. Dove called me up, and said to him, "Find out the thief, and I will prosecute them without mercy" - I said, "Mr. Dove, you know the shoes on your feet were cleaned with the polish in question" - Mrs. Dove then flew in a passion, and said, I was the person who had been prosecuted - that I was the thief who had stolen the blacking, and the polish, and that Mrs. Hampton and her would send me out of the country, if possible - I said, if she had any charge, she might prefer it - Mr. Dove wished a policeman to be sent for - I said I wished it too - Mrs. Dove then said,"Her character is well known as a reputed thief, and will the gentlemen believe I have robbed them, when she is a wellknown condemned felon at the Old Bailey?" - I then said, I

would leave her service immediately, and she desired me to get my things ready, and leave the house - I said I had no box there, (finding there was only a damp kitchen to put it in, and her husband was in the habit of routing the boxes,) and I must back," and Mrs, Dove said, "Here is a shawl, take this and tie your things in; I dare say you are going to Mrs. Wilson's" - I said, "No, I shall be at Mr. Glasse's, No. 6, West-row; Eliza owes me a shilling, and if she will call on me with it, she shall have the shawl" - I tied up my things, and took them into the parlour, and said if there was any thing of hers she might take it, and not to say as she had of the servant I succeeded; that she had robbed her of a silver fork, and she detained her things - she said she had lost nothing, and every thing there was my own - Mr. Dove said it was not from any merit due to me, but I wished to get a character - when I left, I applied to the green grocer for a situation; they said they could not think for recommending me, as Mrs. Dove had represented I was a thief - I said she should prove it - I then sent Parr to desire Mrs. Dove to give me the character I gave her, and said, I would sent to her to give me a character, and if she did not give me a just one. I would have her up to Marlborough-street- Mrs. Dove came out of the parlour, and spoke to Parr - she said I was a thief and a robber, and if there were a possibility of getting me into Newgate, before the week was out, she would do it - I sent word I was at Mrs. Glasse's, in West-row - Parr brought back her message to me, but I took no notice of it, as I knew I had not taken any thing of hers - on the Thursday following, I was at a young woman's in Maddox-street, when Schofield came, about three o'clock in the afternoon - he rang, and the servant went to the door - I heard a man say, "I am an officer of Marlborough-street" - I went up, and he said to me,"Ann, we have met once more in our lives; I have a search- warrant against you" - said, "Who has taken it out?" - he said, "Mrs. Dove" - I had slept with Ann Bargeley the night before, and my pocket was on the table- I then took my pocket in my hand, though Schofield had sworn that I untied it from my person, but that I deny; neither did I hand it to Mrs. Glasse in any clandestine manner - I had it in my hand, and I said, "Here, take me pocket, and put in into your pocket, as I do not like to be seen carrying it in my hand" - when we got to Marlborough-street office, he said, "You must go into the office with me" - I made no objection, and Schofield persisted in taking Mrs. Glasse in - she was then desired to turn out the contents of her pocket - she gave up my pocket, and said, "Here is the pocket that Ann gave me, but I do not know that you have any thing to do with mine;" she was compelled to turn out her pocket, but nothing was found but her own property - I was then taken to West-row - I looked at Mrs. Dove and said, "What have you to say against me?" - she said, "You shall find out" - there was a bundle tied up in the shawl - Schofield said,"Where are your boxes?" - I said, "These three" - the first was a deal box, without a lock at all, and in that these books were found - she then took a baby's cap, belonging to me, and said, "This is my husband's false front, take it to Marlborough-street" - Schofeld said it was a baby's cap; and she said, "It is exactly like my husband's false front, and I should have sworn to it" - she then took a piece of holland, and some other things, which she swore to, while I stood by silently, and allowed her to take any thing she thought proper - the next was a hair trunk - I pointed out the key, and it was opened - Mrs. Dove took from it these window curtains, and said, "These are my property, she has stolen them from me" - she turned every thing out, but took nothing more - the next was a bonnet-box, from which she took three ostrich feathers, and said,"These are mine, take them to Marlborough-street" - Mrs. Glasse said, "No, they belong to Miss Faulker, I can swear" - Mrs. Dove then turned round, and said, "I think we have got enough; I forgot, my feathers are gone to be cleaned" - they then talked of searching Mrs. Glasse's trunk - I said it was not mine, but I had forgotten that I had bought it of her, and I gave the key to Schofield - Mrs. Dove said, "You will find a pair of shoes in that trunk which belong to a lodger of mine" - it was opened, and the shoes were found- she said, "These are Mr. Palmer's" - I said, "These I took out of pawn, with a duplicate which you know I found" - Schofield said, "Where did you find it?" - I said, "Down the area" - the bundle was then opened, and the things were put all together, Mrs. Dove saying, it was all her property, and she would take it to Marlborough-street - I said I had had the cup and saucer when I lived at Mrs. Hampton's, but Mrs. Dove said they all belonged to her, and they were taken - when I was placed at the bar, at seven o'clock, the office was crowded, and Mrs. Dove began her statement - she said I had entered her situation with a forged name, and a forged character - that I had been a most inveterate thief, and that she had dismissed. me at a moment's notice, and the property produced I had robbed her of - the things were then placed on the bar, and she swore to them - when she took the cold cream-pot up, Mrs. Glasse said it was hers, and the magistrate allowed her to withdraw that - she stated that the candles were hers, and two of them were moulds; but they were all wax, and surely if she had lost them, she must have known what they were - she then swore to the blue bag, and some pieces of soap, and the blinds - she then took up the cups and saucers, which I can prove are mine; and though I cannot, unfortunately, prove that all the things are mine, yet I can prove this brown holland, which she has sworn to, was never in her house - this china cream-jug and the table-cloth belonged to my mother, who is dead - the china cup and saucer I brought from Devonshire; and the child's cup and saucer I bought at the door, for the purpose of making a present to a friend's little girl - the window-curtains she gave me to give to a poor old woman for neckerchiefs, but she is gone to the workhouse, and they were made dusters - the pieces of chintz, and bits of crape, Mrs. Dove gave me in exchange for a green band, to make her little boy's hat large enough - and these bits of carpet she threw out one day, and said, "You say you have an old footstool at Mrs. Glasse's, these may do to cover it." I now leave it to you to say whether it is likely I would risk my liberty and character for these paltry things, which would not fetch me half-a-crown, and which if found on me would certainly convict me; and whether I would have kept them for a week after I had received her message, to have riskedtransportation, after enduring what I did in her service to gain a character.

ANN BARGELEY . I live at No. 15, Maddox-street - the prisoner was there when she was taken - I have known her since 1831 - I gave her this brown holland to help to make an apron five or six weeks ago.

MR. ADOLPHUS. Q. What are you? A. I am servant at the house in Maddox-street - I heard of her being taken up - I did not go to the office - she did not send for me - I saw her pocket examined - I saw some tea and sugar found in it - I said I had missed some tea and sugar - I did not say she had stolen it - I cannot swear this is the holland I gave her - it is similar to it.

SARAH PARR . I am a nurse in the workhouse - I know the prisoner - I went with a message from her to Eliza Chandler , about a shawl - I said she wished to see her at No. 6, West Row, and she would return her shawl; and I asked for some aprons and other things, which she had left at Mrs. Dove's.

MR. HILYER. I live at No. 60, Poland-street. I know Mr. Vickery - he lives at Bristol - I have seen him write - this letter is his handwriting - I remember the prisoner living with him in 1830.

COURT to MR. DOVE. Q. Did you ever tell the prisoner that Mrs. Hampton had said she would give you any money to get the prisoner out of the way? A. Never in my life.

GUILTY . Aged 24. (See Sessions Papers, Laurie, Mayor, page 827.)

1294. ANN VICKERS was again indicted for stealing, on the 10th of July , 1 pair of shoes, value 5s. , the goods of Francis Palmer .

FRANCIS PALMER. I lodge at Mr. Dove's - this pair of shoes are mine - I missed them in July - I do not think I ever wore them but once - they had been left in a cupboard.

Cross-examined by MR. PHILLIPS. Q. Have you any private mark upon them? A. There is the name of the person I bought them of in Paris - I think I should have known them if I had seen them twenty or thirty miles off- I will not swear I did not miss them in June.

BENJAMIN SCHOFIELD . I found these shoes in the second box which I searched - she said she found the duplicate in the street, and took them out of pawn at Mr. Fleming's for 2s.

THOMAS REEVE . I am in the service of Mr. Palmer - a pair of shoes were lost, but I cannot swear to these - I missed a pair the day after the prisoner left.

Prisoner's Defence. I found the duplicate of the shoes a week before I quitted the situation, down the area, as I was going to get some coals - Mrs. Dove took it from me, and said, "It is a duplicate of a pair of shoes, for two shillings, but it belongs to you, as you have found it" - but Mr. Dove was coming down, and she said, "Put it away, or Mr. Dove will want it" - I took it, and threw it into a drawer, and when I went, I took it - I did not go to redeem them till the Wednesday before I was taken - Mrs. Dove told the officer he would find the shoes in the box - I am as innocent of this charge as I am of the previous one - for twenty-four years I never had a lock turned upon me - my character has been irreproachable, though it has lain in the west of England, which is too far for me to produce it - I have no hesitation in declaring, whatever the verdict of the jury may be, and whatever I may suffer, that I am as innocent as your Lordship is - I am positive it is a conspiracy between Mrs. Hampton and Mrs. Dove, to withdraw me from Mrs. Hampton's forthcoming trial - I again declare I am innocent, though this is the second time, within twelve months, I have been placed at the bar of the Old Bailey.

GUILTY . Aged 24. - Transported for Seven Years .

Reference Number: t18340904-80

1295. CHARLES WAKEFIELD DAY was indicted for stealing, on the 28th of June , 1 bag, value 2d.; 40 half-crowns; 90 shillings; 20 sixpences; and 2 shillings in copper money; the goods and monies of Moses Hopper , his master .

JANE MARIA HOPPER . I am the wife of Moses Hopper, a publican , who lives in Berwick-street, Soho . The prisoner was our pot-boy - on the 28th of June, he fetched a bag from Mr. Taylor's factory - there was £10 worth of silver in a glass, on the table - I told him to put it into the bag, and take it to Mr. Taylor's factory - I told him to take out five shillings, and put in five shillings worth of copper - he then took it, and came back, and told me he was going to fetch some pots in.

THOMAS MORGAN . I am foreman at Mr. Taylor's factory. I delivered ten sovereigns to Mrs. Hopper, on the 28th of June - the prisoner should have brought the change, but did not.

THOMAS POCOCK (police-constable F 38). I took the prisoner. I have a bag, which I got from him, with sixteen shillings and sixpence, two sovereigns, and three pence in copper, in it - he said he had never lived with Mr. Hopper- I took him to the station, and fetched Mr. Hopper - the prisoner then acknowledged he had taken the money.

GUILTY. Aged 27. - Recommended to mercy by the Prosecutor, who promised to take him back again. - Judgment Respited .

Reference Number: t18340904-81

1296. JAMES FEAR and JOHN SHANKSTER were indicted for stealing, on the 15th of July , 9 yards of cotton, value 9s. , the goods of Griffith Richards ; and ANN PERRY was indicted for feloniously receiving the said goods, knowing the same to be stolen , against the Statute, &c.

ROBERT FIVEASH . I am in the employ of Mr. Griffith Richards, a draper , in Oxford-street . On the 15th of July, Fletcher came to our shop, and told us something - Mr. Richards went out - I followed, and met him bringing back Fear - I looked, and missed a piece of print - this is it.

ROBERT FLETCHER . I live at Mr. Bull's, in Oxford-street, opposite the prosecutor's. I was standing at our window, and saw Fear and Shankster, and two others, coming towards the prosecutor's shop - Fear went up, and took a piece of print - he wrapped it in a black cloth, and laid it down - he then left the shop, and went back again to see if there was any one there - he then took up the print, and gave it to Shankster, and they went away.

RICHARD COMPTON (police-constable D 87). Mr. Richards called me into his shop on the 15th of July, and gave Fear in charge, for stealing a piece of print. Fear denied it, but said he ran after the man who had it - I took him to the station, and in going along, Fiveash told Fear that he

took the print, and wrapped it in a black cloth - he owned that he took it, and gave it to Shankster.

HENRY BAYFIELD . I am in the employ of a pawnbroker - on the 15th of July, this print was pawned by Perry, for a person named Welling, about the middle of the day.

EDWARD JONES (police-serjeant D 16). In consequence of information, I went to a house in Lisson-grove - I found Shankster and Perry in different rooms - Shankster was in bed - it was early in the morning - I asked Perry if she had pawned a piece of print - she said she did not recollect - but at last she said she had, at Mr. Gideon's - Shankster then came in, and I found on him the duplicate - I asked Perry if he gave her the cloth - she said, "No," but in going to the station-house, she said he did.

Shankster. Perry is quite innocent - she did not know it was stolen.

FEAR - GUILTY . Aged 13. - Transported for Seven Years .

SHANKSTER - GUILTY . Aged 20. - Confined Three Months .

PERRY - NOT GUILTY .

Reference Number: t18340904-82

1297. WILLIAM BARTON was indicted for stealing, on the 29th of July , 1 row of coral beads, value 4s., the goods of William Palfrey , from the person of Emma Palfrey .

CLARA PALFREY . I am the daughter of William Palfrey, of Flemming-street, Kingsland-road - on the 29th of July, I was walking in Kingsland-road with my little sister Emma - she had two rows of coral beads round her neck - a girl told me they were gone, and I missed them - I told the policeman of it, and a young man brought them to me- these are them.

ELIZABETH NEEDHAM . I was standing at my door, and saw Palfrey leading her sister - I saw the prisoner go behind, and take the necklace from the child's neck - he gave them to one less than himself, and they ran off, down White Bear-gardens - I gave notice, and the beads were brought back - the prisoner was secured.

(The prisoner put in a written defence, stating that he had gone to the spot on seeing a crowd, and was accused of the theft, of which he was innocent.)

GUILTY . Aged 13. - Transported for Seven Years .

Reference Number: t18340904-83

1298. MARY PEMBROKE was indicted for stealing, on the 13th of July , 1 half-sovereign, 10 shillings, 1 knife, value 6d.; and 1 handkerchief, value 2d. ; the goods and monies of George Williams .

GEORGE WILLIAMS. I am a labourer - on the 12th of July, I met the prisoner between nine and ten o'clock at night - we went to the Crown, and had some drink - we came out, and had a long talk - I then took her, and had some more drink - I then went to her house - I fell asleep on the bed, and when I awoke, she was gone - I missed the property stated - I gave notice to the officer, and she was taken in the same room - my knife was found on the shelf.

GEORGE POWELL (police-serjeant E 10). I took the prisoner, and found this knife there.

Prisoner's Defence. I met him that evening - we went and had some drink, and then he went home with me, and gave me the money to get some supper and beer - he was very much in liquor.

NOT GUILTY .

Reference Number: t18340904-84

1299. JOHN LITTLEWOOD was indicted for embezzlement .

JOHN LEHERLE . I am a schoolmaster, and live in Great Turner-street, Stepney - the prisoner was servant to Mrs. Fortman - she supplies me with bread - the prisoner used to bring it - I paid him 3s. 8d. the last bill I paid him, I believe, on the 29th of July - I had paid him money on former occasions.

Cross-examined by MR. DOANE. Q. Have you any receipt? A. Yes - on the bill - sometimes the bill has run two or three weeks.

ANN LING . I am the wife of Charles L ing, of Northumberland-place, Commercial-road - on the 14th of June , I paid the prisoner 8s. 6d., and on the 19th of July, 6s. 10d., for Mrs. Fortman.

Cross-examined. Q. Have you any bill? A. Here is a book which I kept - I paid the prisoner myself, weekly.

SUSANNAH ELIZABETH MARY FORTMAN . I keep a baker's shop - I employed the prisoner - he never accounted to me for these sums of money - it was his duty to book his bread, and to account to me every day - I asked him repeatedly about Mr. Ling's and Mr. Leherle's, but he never gave them to me - he came into my service last March twelve months.

Cross-examined. Q. Has he not been in the habit of giving credit to the customers, and settling with you? A. No; he was to account to me for the bread he took out- I owe him a week's wages, which is 19s.

COURT. Q. He was taken on the 16th of August? A. Yes, but he ought to have paid these monies when he received them.

GUILTY . Aged 19. - Confined for One Year .

Reference Number: t18340904-85

1300. ISAAC KETT was indicted for stealing, on the 8th of August , 1 handkerchief, value 5s., the goods of William Bean , from his person .

WILLIAM BEAN. On the 8th of August, between eight and nine o'clock at night, I was walking near the brewhouse, in Brick-lane - the prisoner put his hand into my pocket, took out my handkerchief, and threw it down on the stones - I seized him, and said, "You rascal, you have stolen my handkerchief" - he said he had not, but I saw him throw it down.

Prisoner's Defence. I saw this gentleman and two females - I saw a bit of a mob, and went to see what was the matter - the gentleman seized me - the handkerchief was on the ground, but I never had it in my hand.

( Thomas Gill , an undertaker in Bath-street, and Thomas Debers , gave the prisoner a good character.)

GUILTY . Aged 19. - Confined One Year .

Reference Number: t18340904-86

1301. WILLIAM ENSLEY was indicted for stealing, on the 26th of July , 7lbs. of ham, value 4s. , the goods of William Page .

JOHN WATSON . I am shopman to Mr. William Page, a cheesemonger , of Edgeward-road, Paddington . About a quarter past eleven o'clock at night, on the 26th of July, I

was weighing a knuckle of ham - I saw the prisoner take part of it from the window - I ran into the street and found him with it - I asked what he was going to do with it - he called me a rogue and a rescal, and knocked me down - I got up, and he scuffled with me - the ham fell down - I took it up and followed him to the corner of Bell-street, when I gave him into custody.

Prisoner's Defence. I took the ham from the window intending to bay it - I was a little in liqor - I did not intend to steal it - I asked him the price.

Witness. He was eight or nine doors off, and was walking away - he did not ask me the price.

GUILTY . Aged 26. - Confined Two Months .

Reference Number: t18340904-87

1302. JAMES ECKFORD was indicted for embezzlement .

WILLIAM ANDERSON . I am a baker . The prisoner lived with me about six weeks, till about a fortnight ago - it was his duty to receive money from my customers - I did not receive 4l. 19s. from him on the 19th of August - I supply Mary Blacker with bread.

JANE GRANT . I have bread at Mr. Anderson's, which the prisoner used to bring - I was in the parlour, and saw our shopman pay him 8s. on the 2nd of August .

MARY BLACKER. I have bread of Mr. Anderson - I paid him 7s. 8d., on the 12th of July I paid him 3s. 9d., and afterwards 2s.

MR. ANDERSON. I never received these sums of money.

GUILTY . Aged 24. - Confined One Year .

Reference Number: t18340904-88

1303. HENRY BUTCHER was indicted for stealing, on the 20th of July , 1 handkerchief, value 3s., the goods of Samuel Salman , from his person .

SAMUEL SALMAN. I live with Mr. Osman, in Portman-place. On the 20th of July I was going up Osnaburgh-street - I had used my handkerchief in going along - I then missed it - I saw the prisoner crossing the street, and then he ran - I took him, and found my handkerchief in his bosom.

GUILTY . Aged 15. - Transported for Seven Years .

Reference Number: t18340904-89

Third London Jury, before Mr. Sergeant Arabin.

1304. ELLEN SAMPSON was indicted for stealing, on the 1st of July , 40 yards of lace, value 30s.; and 1 ring, value 12s. ; the goods of Susannah Pigott .

SUSANNAH PIGOTT. I live at No. 2, Crescent, Bridge-street . The prisoner came into my service as housemaid , on the 1st of April - I missed 40 yards of lace in May, from the room where we made up articles in my trade as milliner - I do not know that I spoke to her about it, but the lace was sought for - I had some suspicion before she left - I had given her warning, and she left on the 2nd or 3rd of July- I found it on the 4th.

JAMES WILLIAM CLARK . I am a pawnbroker, and live in Farringdon-street. I produce a quantity of lace pawned for 1s., on the 17th of May, in the name of Ann Johnson, but I cannot recognise the prisoner.

RICHARD EDWARD BARBER . I am in the service of a pawnbroker. I have a mourning ring pawned for 10s., on the 3rd of July, by the prisoner.

JAMES BATES . I am a City officer. I went on the 4th of July and apprehended the prisoner at Mrs. Pigott's - she denied all knowledge of the robbery - she had remove her box to Drury-lane - I went there, and found in her box the duplicates of the lace and ring.

MRS. PIGOTT. This lace in mine, and the ring also.

Cross-examined by MR. DOANE. Q. How long have you had this lace? A. I had had it some time, but as there was no mark on it, I wish to speak cautiously about it- it was on a card when I lost it - I gave the prisoner notice to leave - she left four or five days before her time-there was 2l. due to her - it was quite convenient for me to pay her, but she did not apply for it - she went out in the evening and did not return.

Prisoner's Defence. It is my first offence - I throw myself on the mercy of the Court.

GUILTY . Aged 28.

1305. ELLEN SAMPSON was again indicted for stealing, on the 30th of June , 1 brooch, value 15s. , the goods of Elizabeth Dorr .

ELIZABETH DORR. I lived in the house of Mrs. Pigott- the prisoner was servant there - I lost a brooch from the bed in my room - it was afterwards found in the prisoner's box - I know it by having a scratch on the side of it.

Cross-examined by MR. DOANE. Q. Do any other persons live in this house? A. Yes; seven or eight - I had left the brooch on the bed - I had not locked the room door- other persons had been in the room.

GEORGE CHAMBERS . I lodge in that house - I lost these two studds out of the looking-glass drawer in my room - the prisoner had access to it.

JAMES BATES . I found the brooch and studds in her box in her house in Drury-lane - Mrs. Pigott went with me, and recognised the box as being the prisoner's.

GUILTY . Aged 28. - Transported for Seven Years .

Reference Number: t18340904-90

1306. JOHN SMITH was indicted for feloniously forging a request for the delivery of goods, with intent to defraud Solomon Maw and another .

2nd COUNT, for feloniously uttering the same.

SOLOMON MAW. I am in partnership with my brother. The prisoner came to me on the 8th of August; he brought this written order - I knew by the wording of it that it was not genuine - this is it - I knew it was not his writing - I told the prisoner I would send the goods - I then directed a young man to follow him - he followed him in the direction of Mr. Langstaff's - the prisoner came back in a quarter of an hour, and said, Mr. Langstaff must have these goods directly - he could not wait - I gave him into custody (order read).

"Please to send by bearer the following goods: 1 case of Dissecting Knives, and a Stomach Pump. G. Langstaff."

GEORGE LANGSTAFF . This is not my writing - I know the prisoner, but he has changed his name - I have known him two months - he has been in my employ - I never sent him for these instruments.

FRANCIS LANGSTAFF . I am son of Mr. George Langstaff. This order is not mine nor my father's writing.

Prisoner. I acknowledge myself guilty.

GUILTY . Aged 17. - Confined Two Years .

Reference Number: t18340904-91

1307. JOHN COOPS was indicted for stealing, on the 24th of July , 1 watch, value 10l.; 1 watch chain, value 6l.; 2 seals, value 4l.; and 1 watch key, value 10s.; the goods of Benjamin Atkinson , from his person .

BENJAMIN ATKINSON. On the 24th of July, about nine o'clock in the evening, I was in Cannon-street - at the corner of Martin's-lane, I was surrounded by three or four persons, some were behind me, and some were before me - my watch was taken from me, and at that moment I saw a person running across the road - I kept my eye upon him - he was afterwards taken - I cannot swear that he was the man who took the watch - he was gone in a moment - this is my watch - it was taken to the watch-house.

Cross-examined by MR. DOANE. Q. You lost sight of the person? A. Yes.

JAMES HALL . I am constable of the Ward of Candlewick. I was in Cannon-street - I saw the prisoner with three others near him, about nine o'clock in the evening - I was standing opposite Nicholas-lane - they were repairing the road and I was looking at the plumbers - I looked across, and heard a noise - I heard Dr. Atkinson say, "Stop thief," and shake his stick towards the prisoner - the prisoner was running - I pursued him to the corner of King William-street - he was tripped up, but he got up and run - he was pursued, and tripped up again - I came up and took him- I heard he had thrown away the watch when he first fell.

Cross-examined. Q. How many other persons were there? A. Three, besides the prisoner and Dr. Atkinson - I saw the prisoner run across - I was on the other side of the street - Mander, a patrol, was with me - no one was between me and the prisoner, till he was tripped up - I am sure of his person - his face was towards me when I first saw him - I swear he did not turn any corner - it was about nine o'clock in the evening.

THOMAS TOOL . I am a boot and shoe maker. I heard the cry of "Stop thief," and saw the prisoner running; the two patroles were pursuing - I tripped him up - he was running as fast as he could down the middle of the road, and he kept laughing as he came towards me - I stepped off the curb to catch him: he attempted to strike me, I put out my foot and tripped him up - he threw the watch down- he got up and run, and I followed him and tripped him up again - he was then taken - I stated where he threw the watch, and a boy went and found it.

Cross-examined by MR. PHILLIPS. Q. Will you just tell the Jury, on your oath, how often you have been here as a witness? A. I have been here several times - I have not been fifty times - I am not an officer, nor connected with the police - I am a boot and shoe maker - I was never refused my expenses, that I swear - Lord Denman never refused me - I cannot name any number of times within which I have not been here as a witness - I was here on a prosecution for my father, not for myself - I have been here two or three times for him, and several times for other persons - I do not know how many transportable offences I have been as a witness in - I do not know how many oaths I have taken in this Court.

Q. Will you swear that you have not within the last seven years been twenty-five times examined as a witness? A. Yes, nor nothing like it - I have not been twenty times - I do not know whether I have been fifteen - I have always had my exapenses, when I have appeared as a witness, except when I did not apply for them - Lord Denman never told me not to appear in this Court again - I have never been turned out of Court except when the witnesses were ordered out.

Q. Were you examined as a witness in the April Session, 1832, in the case of Moody, who was transported for life? A. I recollect the circumstance - I do not know what time it was - I cannot tell how many there are against whom I have appeared - there may be twenty or thirty.

Q. Then how came you to say, you had not been here twenty times? A. I do not know; there might he two names in a case - I do not know what I earn daily in my business - I do not know what it is, 1s. 6d., or 2s. a day - I got 3s. 6d. last Session.

Q. Then what did you mean by swearing you did not know what you would get? A. Because this is a London case, I was told there is a difference - I was in a London case a long while ago - I cannot tell when I first appeared as a witness; it was when my father had been robbed of some shoes - I did not rob him, you are as likely to do that as me - it might be five or six years ago, since I appeared in my father's case - I will not swear that it is within six years - it was not ten years, I am certain - I was examined here last Session, before his Lordship, in the case of a handkerchief, and two boys - I forget their names - the Jury did not say, on that occasion, they would not believe one word I swore.

Q. Do you know this gentleman (Mr. Murphy)? A. I have seen him in company. and drinking with the swell mob - Mr. Recorder never ordered me out of Court, and desire me never to appear in it again.

GEORGE AYRES . I live with my father at No. 39, Clement's-lane - I was going home that night, and heard a cry of "Stop thief" - I saw two or three persons running across Cannon-street - I cannot say whether the prisoner was there - I found the watch in Little Eastcheap.

Cross-examined by MR. PHILLIPS. Q. Where was the prisoner taken? A. In King William-street - I did not see the prisoner do any thing - the prisoner was searched in the watch-house.

Prisoner's Defence. I was coming down the street, and heard the cry of "Stop thief" - Tool knocked me down, and said, "Young man, I will serve you out now; you were impudent to me at the Finsbury election" - that he cannot deny.

MR. PHILLIPS to THOMAS TOOL. Q. Did you tell him of the Finsbury election? A. Yes; because I saw him there, I told him I knew him very well at the Finsbury election - I did not say he had been impudent to me.

MR. PHILLIPS to JAMES HALL. Q. Did you hear Tool say any thing to the prisoner? A. He said he had seen him at the Finsbury election, and when the children went to St. Paul's, as being one of the swell mob.

JONAS KING MURPHY . I am clerk to Mr. Tomlins, of Staples-inn, solicitor - I have heard Tool examined many times, in four or five cases, since I have been with Mr. Tomlins - I have defended, where Tool has appeared to

prosecute - I have seen him examined where the present Recorder has sat as judge - he ordered him out of Court, and never to appear here again; and refused to allow him his expenses.

JURY. Q. What was the reason Mr. Recorder ordered him out of Court? A. Because he had sworn directly false- he said he had not been here the Session before, and I proved he was here in two cases - Mr. Lee was the counsel- it was in this Court, I think, the first year Mr. Law was Common Serjeant - I am not here in this case - I say this from a love of justice.

WILLIAM FIELD . I am assistant to Mr. Buckler - I have attended as short-hand writer in this Court for ten years - I have seen Tool here as a witness a great many times - I recollect his being absent for a considerable time; I believe it was in consequence of some reproof from the present Recorder - I remember his being here as a witness last Session - the Jury, after hearing his evidence, said,"We cannot believe one word this fellow says."

GUILTY . Aged 31. - Transported for Fourteen Years .

Reference Number: t18340904-92

1308. HENRY CUMMINS was indicted for feloniously breaking and entering the dwelling-house of James Lee , on the 22nd of July , and stealing therein 1 coat, value 3l., his goods .

JAMES LEE. I live at No. 79, Little Britain, in the Ward of St. Botolph, Aldersgate Without . I am a tailor - I have two rooms, one is my shop and the other I dwell in- they are on the ground floor - on Tuesday, the 22nd of July, about one o'clock, my wife called me in to dinner - I thought I heard some one in the passage - I opened my room door, and found the shop door, which I had locked when I went to dinner, was half open - I entered the shop and saw the prisoner on the chair, at the back of the shop, with this coat in his hand - he got down and put down the coat - I asked him what he wanted - he said he came to a man named Clark - there was a skeleton key by his side, which would unlock my shop door - I did not know him before - this is the coat.

JAMES FARMER . I lodge in the house - I saw the prisoner in the shop - I do not know how he got there.

WILLIAM ARNOLD (City police-constable No. 70). I took the prisoner - I found this skeleton key by his side, and this portable compass on him.

Prisoner's Defence. I worked for Mr. Burton until the Saturday before - on that night I was going down Little Britain, and a man asked me to go to this house and inquire for Mr. Clark - I went to the door, and this gentleman took me.

JAMES BURTON . I am a machinist - the prisoner worked for me till the Saturday before the robbery, and had a good character,

GUILTY. Aged 19. - Recommended to mercy by the Jury .

Transported for Life .

Reference Number: t18340904-93

1309. JOSEPH COLEMAN and JAMES UXTABLE were indicted for stealing, on the 19th of August , 1 handkerchief, value 5s., the goods of George Vinter Holmes , from his person .

EDWARD EXTON . I am watchman of St. Andrew, Holborn. On the 19th of August, at a quarter before nine o'clock at night, I was on Holborn-hill , and saw the two prisoners in company - I had seen them about there before- I was behind them, and saw Uxtable take this handkerchief from the prosecutor's pocket, and give it to Coleman, who was close to him - I took Uxtable, and called to my fellow-servant to take Coleman - he dropped the handkerchief, and I took it up.

EDWARD RENTMORE . I am watchman of St. Andrew, Holborn. I saw Coleman drop this handkerchief and run away - he was stopped in Hatton-garden - I took him.

GEORGE VINTER HOLMES. I was walking along and felt my coat move - I missed my handkerchief - I turned, and the watchman had the prisoner and my handkerchiefs - this is it - I saw Coleman run past me.

COLEMAN - GUILTY . Aged 20.

UXTABLE - GUILTY . Aged 17.

Confined for Six Months .

Reference Number: t18340904-94

1310. ROBERT McEWIN was indicted for stealing, on the 12th of August , 1 handkerchief, value 2s., the goods of Thomas Evitt , from his person .

RICHARD ALMA . On the 12th of August I was at our shop door, on Holborn-hill - I saw the prosecutor pass, and the prisoner extracted a white handkerchief from his pocket - I ran and collared him - he took this handkerchief from his side pocket, and threw it at my feet.

Cross-examined by MR. PHILLIPS. Q. Did you know him before? A. No - there was a person with him.

FREDERICK PRINCE (City police-constable No.79). I took the prisoner, and have the handkerchief.

THOMAS EVITT. I was in Holborn on the 12th of August - this is my handkerchief - I had no suspicion of being robbed until my handkerchief was on the ground and the prisoner in custody.

Cross-examined. Q. Have you any mark on it? A. No; I believe it is mine - I might have dropped it.

( John Davis , an auctioneer; William Bedford , a surveyor; and Mary Higging , a butcher, gave the prisoner a good character.)

GUILTY . Aged 19. - Confined for Six Months .

Reference Number: t18340904-95

1311. WILLIAM BREACHER was indicted for stealing, on the 31st of August , 1 handkerchief, value 2s. , the goods of Joseph Haslehurst .

THOMAS ANDERSON . I am a watchman of St. Sepulchre - a little after ten o'clock on the night of the 21st of August, I saw the prosecutor walking up Skinner-street with another gentleman - I saw the prisoner and another person just behind the prosecutor - the prisoner and his companion parted - I took the prisoner, and found him tucking this handkerchief into his bosom - I took him up Skinner-street, and asked the prosecutor if he had lost any thing; he felt, and missed his handkerchief.

JOHN MARVIN . I was constable of the night - the prisoner was brought in with this handkerchief.

JOSEPH HASLEHURST. I am a chemist and druggist . I was walking on, and the witness spoke to me - I felt, and missed my handkerchief from my right hand pocket - I had used it just before, and put it safe into my pocket inside.

Prisoner's Defence. I was coming up the street, and a

boy gave me this handkerchief before the watchman's face- I put it safe in my breast.

GUILTY . Aged 14. - Transported for Seven Years .

Reference Number: t18340904-96

1312. JAMES BAKER was indicted for stealing, on the 15th of August , 1 coat, value 20s. , the goods of Job Twigger .

JOB TWIGGER. I am footman to Mr. George Warner . On the 15th of August his carriage was waiting at the corner of Rood-lane - I had left my coat on the box - I let my master and mistress into the carriage and missed the coat.

SARAH PIKE . I saw the carriage about nine o'clock - a man got up and took the coat down.

JAMES BRAND . I saw the footman open the carriage door - he then missed his coat - in about five minutes I saw the prisoner pass, with this great coat under his arm, up Lime-street - I followed him and saw him put it on, and he was feeling the pockets - I gave him to the patrol.

Prisoner. Q. Did I not tell you that a man gave it me to carry, and ask you to go to where I was to take it? A. Yes; you did.

Prisoner's Defence. A gentleman gave it to me to carry.

NOT GUILTY .

Reference Number: t18340904-97

1313. JAMES CONNER was indicted for stealing, on the 20th of July , 1 handkerchief, value 3s., the goods of Thomas Legg , from his person .

THOMAS LEGG. I am a hosier , and was in Smithfield on the 20th of July, at twenty minutes past four o'clock - I felt a hand in my pocket - I turned and found my handkerchief on the ground - the prisoner was close to me - there were a great number of people, as two persons were preaching - this is my handkerchief.

FRANCIS FIELDING COLEMAN . I was there, and saw the prisoner and two others - the prisoner took this handkerchief from the prosecutor's pocket - the prosecutor turned round, and the prisoner dropped the handkerchief by my side.

Prisoner's Defence. I was going through the street, and picked it up.

GUILTY . Aged 16. - Transported for Seven Years .

Reference Number: t18340904-98

1314. MARY THOMPSON was indicted for stealing, on the 2nd of August , 1 tobacco-box, value 2d., and 2 half-sovereigns, the goods and monies of Thomas Beauchamp , from his person .

THOMAS BEAUCHAMP. I am a bricklayer . On the 2nd of April, about half-past ten o'clock at night, I was in Smithfield , and fell in with the prisoner - I went with her to the Half-moon - we paid one penny each, and went up stairs, where there was music, and they were playing"Kitty Jones" - I had a tin tobacco-box in my pocket, which had two half-sovereigns in it, and a bit of tobacco - the prisoner put her hand into my pocket, and took it out- I kicked up a noise, and said I had been robbed - the officer was there, and he took her.

GEORGE CRAWLEY (City police-constable No.61). I went to this place in plain clothes - I saw the prisoner put her hand into this man's pocket, and take out the box - the prosecutor had before taken a half-sovereign out, but whether the prisoner saw it or not I cannot tell - I found this box in her bosom.(Property produced and sworn to.)

Prisoner's Defence. I met this man - he spoke to me and gave me a bundle to take care of - he went home with me - he then asked me to go to this house and hear a song - when we were sitting there, he turned to me and said,"These men are trying to get my money" - I said, "Give it to me, I am more sober than you are" - he said, "Put your hand into my coat, and take it," which I did, and the officer took me - the prosecutor was very tipsy - he had known me seven or eight years ago, before he was transported.

THOMAS BEAUCHAMP. I have never been transported - I have been four voyages to the East Indies, and four years on board a man-of-war.

GEORGE CRAWLEY. The prosecutor was not drunk - when I took the prisoner she said, "I thought you had been a b - y thief too."

GUILTY . Aged 23. - Transported for Fourteen Years .

Reference Number: t18340904-99

1315. WILLIAM WILLIAMS was indicted for stealing, on the 22nd of August , 1 shawl, value 2s. , the goods of John Sealey .

ELIZABETH SEALEY . I am the wife of John Sealey, of 69, West-street, Smithfield - the prisoner lodged in my house eleven or twelve times - we keep a lodging-house - on the 22nd of August the prisoner came to sleep there - he paid fourpence for the bed - he went to bed, and the next morning he came down just before eleven o'clock - I went to take my two children to school, leaving the prisoner in the yard washing himself - my shawl was on a box in the back room - I returned and missed it - I went after the prisoner, who had got to the bottom of Golden-lane, and overtook him - I charged him with stealing the shawl - he said he had not got it, and shuffled to get away - I called a witness, and then found the shawl at my feet - I have no doubt he dropped it, but I did not see him do so - this is my shawl.

GUILTY . Aged 18. - Transported for Seven Years .

Reference Number: t18340904-100

OLD COURT, Saturday, September 6, 1834.

First Middlesex Jury, before Mr. Common Sergeant:

1316. CATHERINE ROGERS was indicted for feloniously receiving, of an evil-disposed person, on the 26th of July , 1 sheet, value 2s., the goods of Robert Hillback , well knowing the same to have been stolen , against the Statute, &c.

The same evidence was given in this case, as in page 636, when the prisoner was charged as a principal.

NOT GUILTY .

Reference Number: t18340904-101

1317. SARAH BECKWITH was indicted for stealing, on the 4th of August , 1 coat, value 5s. , the goods of Robert Robertson ; and CATHERINE ROGERS , for feloniously receiving the same, well knowing it to have been stolen , against the Statute, &c.

HANNAH ROBERTSON . I was in the habit of employing

Beckwith as a char-woman - I missed a coat on the 5th of August - I had shown it to Beckwith just before, and had said I wished to have it cleaned, when she was working for me some day - she said nothing to that - I lost it about Wednesday, the 3rd of August, and on the Tuesday following I named having missed it, and asked if she had it - she said she had taken it home to clean, and she would bring it home in the evening.(Property produced and sworn to.)

MARY RYAN . I am the wife of Francis Ryan . I searched both the prisoners, and found five duplicates in Beckwith's pocket - one of them was for a coat - she told me she had asked Mr. Brown for a half-crown to pay her lodging, and if he had given it to her, she would not have done what she did - she said she had nothing but her own property about her, but said nothing about the coat in particular, in my presence.

JOHN BELLSTEAD . I am a pawnbroker. I have a coat for which this duplicate was given - I took it in pawn, I think from Mrs. Rogers, but could not swear to her - I have recollected that it was Rogers since I was at Clerkenwell - I had a doubt about it before the magistrate, and told him I did not know who I took it from, but it was a female, who came into the first box - I now think it was her - she pawned it in the name of Ann Rogers for 3s.

CHARLES SCOTCHMER . I am a policeman. I took Rogers into custody, and asked her how it was that the duplicate of a coat found on Beckwith, was pawned in the name of Rogers - she said, "I pawned it for Mrs. Beckwith, and gave her the ticket."

BECKWITH - GUILTY . (See page 636.)

ROGERS - NOT GUILTY .

Reference Number: t18340904-102

First London Jury, before Mr. Recorder.

1318. WILLIAM BURROWS was indicted for embezzlement .

MR. BODKIN conducted the Prosecution.

JOHN MAW DARTON . I am a bookseller , in partnership with William Darton , and live on Holborn-hill . The prisoner was in our service in July last as errand-boy - it was not part of his duty to attend to the counter, nor to sell goods in the shop - it was his duty to call the shopman when customers came, and if he was not in the way, he was to call the warehouseman.

COURT. Q. Then it would be out of his duty, in the absence of any other person, to take money for goods? A. Quite so; he was not trusted to receive money.

MR. BODKIN. Q. Do you remember the transaction in question? A. Yes; the prisoner was in our shop that day, and intrusted with the shop at that time - there was nobody but him in the shop when I went up to dinner - it was his duty then to serve whatever was asked for, that he could serve, otherwise to call either the warehouseman, or myself - I was at home - I desired him, if I was wanted, to call me down.

Q. You had not told him he might serve without your presence? A. I had not; but he had done so previously, though he was not told by me to do so - I had not complained of that to him, because he never put the money in the till, but gave it to the shopman - I trusted him to receive money in the shop if any body called, and to pay it to the shopman, who was answerable - his duty was not to put it in the till, but to give it to the shopman - I went up to dinner about half-past one o'clock - before I went up, I counted the money in the till, and marked it - there was one sovereign, two half-sovereigns, and one pound in silver - I left nobody but him in the shop - he was trusted with the till at that time - it was open - it was never locked.

NOT GUILTY .

Reference Number: t18340904-103

1319. JAMES ARMSTRONG was indicted for stealing, on the 14th of August , 1 hat, value 18s. , the goods of William Willson .

JAMES CASSELS . On the 14th of August, I saw the prisoner and another person at the shop of Mr. Wilson, a hatter , at No. 11, Martin's-lane, Cannon-street - the prisoner said the man with him was named Hawes - he wanted to look at different goods - I showed him different qualities- he had a hat-box with him - he said he would return in half an hour; and in about half an hour he returned alone with the same hat-box - he asked for a 7 1/2 inch hat, which is an uncommon size - I said I would walk up stairs and look for one - while I was looking, I saw him take a hat and put it into his box - I said we had none finished, but would finish one - he said he would call in a day or two, and went away - I sent a man after him, who brought him back - I asked what he had in his box - he said, "I suppose I have made a mistake, and got the wrong hat" - I took it out of the box, and gave him in charge.

Cross-examined by MR. DOANE. Q. When you looked in the box, you found a hat of your master's? A. I did: I saw him take it off the ground, and put it into the box - I was certain he took a hat - I did not see the box open when he first came into the shop - I did not see whether there was any hat in it when he first came in - I am quite sure there was no other hat there besides the one I took out of the box - an old hat was left behind, which did not belong to us - the prisoner must have brought that old hat with him.

Q. Might not he possibly have taken this hat by mistake? A. No: because the hat was found laid very carefully on two other hats, and the hat which he took had been on the ground in quite an opposite corner - I was with him all the time he was in the shop - I did not see him place the old hat down, it was at the door - my back was turned to him at one time, while I was looking for the size he asked for.

WILLIAM GOLDING . I am a hatter, and live in Union-street, Borough-road - I went after the prisoner from Mr. Wilson's shop, and overtook him turning into Thames-street- I said I wished him to step back with me - he said, "For what? I suppose it is a mistake, I have taken the wrong hat" - the box was not open then - he went to the warehouse with me, and Cassels claimed the hat.

Cross-examined. Q. How far from the shop did you come up with him? A. A few doors, on the opposite side of the road - he walked till he got to the corner, and commenced running just as I got up to him - I caught him within a door of the corner - he ran the length of a house- the box was under his arm - his hand would keep the lid on - it was fastened down completely - I said I wished him to come back with me - he appeared to know where I

came from - I was stripped, at work - I could not tell him what he was wanted for - I was merely told to follow him and take him.

EDWARD KING . I am an officer. I have produced the hat which I got from Mr. Wilson's - I was sent for - the prisoner said he had made an exchange, he supposed - he told a long story about the string of the box breaking - I said, "If you have taken a wrong hat, the other must be up stairs" - I took him up stairs, and Cassels pointed out where he took it from - I asked him to look on that spot for the old hat, and he could not find it: but quite on the other side of the room he picked up his own hat - he said the string of the box broke, and he must have taken up the wrong hat - the hat left behind was papered similar to a new one.

Prisoner. I told him where to go, to see who the hat belonged to.

( Thomas Colson , publican, Borough-road; James Colson , hatter, Gravesend; and James Cadd , builder, Hill-street, Walworth gave the prisoner a good character.)

GUILTY . Aged 39. - Confined Two Years .

Reference Number: t18340904-104

1320. MARY WILSON and JOSEPH FRISWELL were indicted for stealing, on the 20th of August , 1 pair of half-boots, value 3s., the goods of John Capey , and that Mary Wilson, had before been convicted of felony .

JOSEPH JENNINGS . I live in Milton-street, Fore-street. I was in Aldersgate-street on the 20th of August, about a quarter to five o'clock in the afternoon, and saw the prisoner Wilson, and another girl, go into Mr. Capey's shop- he is a linen-draper - they came out again - the female prisoner took the boots from the door, and put them under her shawl - I told Capey's boy what had happened - they walked away, four or five doors down, and then Wilson gave them to Friswell, who was standing there - he put them in his pocket, and walked as far as Jewin-street - the boy and I ran after them, and caught hold of the girl, who has escaped - we told them they had stolen a pair of boots - the girl said she had not - Capey's man came and caught hold of Mary Wilson, and then the male prisoner began to run, he pulled the boots out of his pocket, and threw them down Mr. Green's cellar, in Jewin-street - he was taken into custody.

Wilson. Did not the shopman charge the girl with stealing the boots? and was not I on the prosecutor's side of the way? She called me, and I crossed over, and stood there some time. Witness. The other girl was first charged with stealing them, and Wilson walked down the street with the man - she did not run away - I am sure it was Wilson took them- the other girl turned back, to see if any body was coming, at the corner of Jewin-street - she had been with the prisoner, when she went into the shop, and came out with her- they were all three together at the corner of Jewin-street- I never said I did not know which of them took the boots - I did not say, at Guildhall, that they gave them to the man.

JOHN CAPEY. I am a linen-draper, and live in Aldersgate-street. A little before five o'clock, Wilson, and two more females, came into my shop, and made a trifling purchase - I suspected them, and moved every thing away from them - they laid out 2d. - when they got to the door, they went out, and three of them came crowding round the shop together - in a few minutes, a boy and Jennings came, and said, "They have stolen a pair of boots" - they were followed, and taken in Jewin-street - the boots were found in Mr. Green's, the baker's cellar - I secured the prisoners.(Property produced and sworn to.)

Wilson. Q. Was not the other girl taken first? A. No; they were both together.

GEORGE GODFREY . I am an officer. I heard a cry of"Stop thief," on the 20th of August, in Jewin-street - I saw the male prisoner five or six yards behind them, commence running - I pursued him, and saw him pull a pair of green boots out of his pocket, and throw them down a cellar - he ran several yards, and was stopped.

Cross-examined by MR. DOANE. Q. Where did you first see him? A. In Jewin-street - the prosecutor's shop is about ten houses from Jewin-street - he was walking until he heard the cry of "Stop thief," and then he ran.

ROBERT SPENCE . I am an officer. The boots were put into my hand by a baker's man in Jewin-street - I think the name of Clark was over the door.

Cross-examined. Q. The man is not here who gave them to you? A. No.

JOSEPH JENNINGS re-examined. I did not see the boots taken out of Green's cellar, but I saw the prisoner throw them down there - there were such boots as those hanging outside master's house.

WILLIAM WHEELER (policeman K 160). On the 16th of February, I took the prisoner Wilson into custody, for stealing some ribbon, and was present when she was tried and convicted - I got this certificate from Mr. Clarke's office - she is the person who was tried (read).

Friswell's Defence. The prosecutor said three females came into his shop, and bought some ribbon, and that he came out and pursued me - the girl rushed by me very violently, she might have thrown down the boots herself - I was taken by the policeman, and accused of throwing them down the cellar - the other female got away, who was being pursued- the man who appeared against us had not a bit of shoe to his feet, and was in a very deplorable state, but the prosecutor has since taken him into his employ.

( Benjamin Durval , Elizabeth-street, Phoenix-street, Spitalfields, journeyman weaver; and John Banks , tanner, Long-alley, gave the prisoner Friswell a good character.)

WILSON - GUILTY .* Aged 18.

FRISWELL - GUILTY .* Aged 22.

Confined One Year .

Reference Number: t18340904-105

1321. HENRY MARKIN was indicted for embezzlement .

MR. ADOLPHUS conducted the Prosecution.

HARRIET DAWSON . I am a single woman , and live in Cullum-street, Fenchurch-street ; I am a dealer in ising-glass . The prisoner was in my service, and had been so since Michaelmas 1831, when my father died - it was part of his duty to receive money from my customers - when he came in, I always asked him if he had received money, and I set it down in the cash-book - I did not receive 8l. 15s. 6d. from him on or about the 23d of May , as received from

Finch and Green - I did not know he had received it till he left my service - I did not receive 4l. 8s. 9d. from him about the 12th of June , as from my customer Mr. Child - he never told me he had received it.

Cross-examined by MR. STAMMERS. Q. He never told you he had received either of those sums? A. No; I always thought he regularly accounted to me - he received from me a guinea a week - he generally borrowed money, and I had to receive 5s. a week from him until nearly 20l. was paid; and lately I have been paying him only 15s. a week, as he owed me eighteen guineas, and I deducted the rest to pay it - he has never, with my consent, kept money in his possession.

ROBERT FINCH . I am one of the firm of Finch and Green, who are oil merchants. We deal with Miss Dawson - I paid the prisoner a cheque for 8l. 15s. 6d. on her account, and he gave me this receipt, which I saw him write - here is the cheque I gave him for the money.

Cross-examined. Q. Did you pay him the cheque yourself? A. I did; I remember the circumstance perfectly well - it is my own handwriting - it says, "Pay to Miss Dawson, or bearer."

MR. ADOLPHUS. Q. Was the cheque returned to you as paid, by your bankers? A. It was.

JOHN BRYANT PRIESTMAN . I am a clerk in the house of Smith and Payne - Mr. Finch has an account at our house - this cheque was paid there.

Cross-examined. Q. How do you know that? A. I paid it myself - I cannot tell to whom.

RICHARD BARTHOLOMEW CHILD . I am an ale and porter merchant, and live in Spur-street, Leicester-square. I owed Miss Dawson 4l. 8s. 9d. - I bought the goods for cash at her house, and I paid the money to the prisoner, who delivered the goods to me in my counting-house - I paid him 4l. 8s. 9d. and took his receipt - I am not positive whether I gave him any change or a £5 note - here is his receipt, which I saw him write (read).

Cross-examined. Q. Did you see him sign that? A. Yes; I believe the whole bill to be his handwriting - I am sure I paid it to him - my brother at times attends to my business - I am sure I paid the money myself; but I do not know whether in a Bank-note or coin.

Prisoner. I wish Miss Dawson's books to be produced, to show how she proves I did not pay her the money; for she may swear that two years ago I have received hundreds of pounds for her, for which I have no receipt - I had no cash-book to put it down in.

MISS DAWSON. I have my books here - they contain an account of sums received about that period - I make the entries myself - I ask him what sums he receives, and set them down - I never omitted to set down what he paid me, or told me was paid - nobody but myself kept the cashbook.

MR. STAMMERS. Q. Was there any other book kept, between you and the prisoner? A. He kept a waste-book- I am convinced he never paid me these sums, or told me they were received - he paid to nobody but me.

Prisoner. There was another book in which entries were made quarterly from that one. Witness. I never saw it; if there was such a book, you must have taken it away with you; I know nothing of it.

Prisoner. There has been another book which her late father used; it was locked up in the iron safe, and the key delivered to her - it was in my writing. Witness. I always locked the chest myself - I know of no book but the three produced, the cash-book, ledger, and waste-book- the bills were made out from the waste-book which he kept - these goods are entered in the waste-book, but not the payment.

Prisoner. If she denies there being such a book three hundred times, she is a perjured woman - I wish it produced.

MISS DAWSON. There was an old book of my father's accounts, as he had the business before me, but not of my business - I have kept a cash-book since October; before that I had no check against the prisoner - he left me in June - I pointed out to him a sum of 4l. odd, due from Mr. Davis, of Hackney, and said, "When are you going to receive that?" though I knew he had received it - I told him I supposed he knew he was answerable for what he was doing, and said, "Mr. Davis's account, of Hackney" - he said, "If I cannot live one way, I must another," and on the Saturday he left, as I heard he had received another sum - I did not then know of these transactions.

GUILTY . Aged 36. - Confined One Year .

Reference Number: t18340904-106

NEW COURT. - Saturday, September 6th, 1834.

Third Middlesex Jury, before Mr. Sergeant Arabin.

1322. WILLIAM WOOD was indicted for stealing, on the 17th of July , 5lbs. of sugar, value 3s.; and 12 oz. of pepper, value 2s.; the goods of the St. Katherine Dock Company , his masters ; to which he pleaded GUILTY . Aged 49. - Transported for Seven Years .

Reference Number: t18340904-107

1323. FRANCES SMITH was indicted for stealing, on the 5th of August , 2 gowns, value 6s.; 2 shawls, value 3s.; and 1 counterpane, value 3s. ; the goods of John Longford Brickell ; to which she pleaded GUILTY . Aged 56. - Confined Six Months .

Reference Number: t18340904-108

1324. MARY SMITH was indicted for stealing, on the 8th of August , 2 milk cans, value 18d., the goods of George Montgomery Lewis ; and also on the 2nd of August , 1 milk can, value 6s.; 1 quart measure, value 6d.; and 5 quarts of milk, value 18d. ; the goods of John Jones ; to which she pleaded GUILTY . Aged 45. - Confined Six Months .

Reference Number: t18340904-109

1325. JOHN JONES was indicted for stealing, on the 9th of July , 1 coat, value 20s. , the goods of John Westwood .

ROBERT TIPPLE (police-constable E 104). On the 9th of July, about three o'clock in the afternoon, I heard a cry of "Stop thief" - I saw the prisoner running with this coat on his back in Fisher-street, Red Lion-square, and secured him.

JOHN WESTWOOD. I am servant to Archibald Robinson . This coat is mine - it was taken from my master's carriage in Eagle-street, Red Lion-square , while I was gone away

for a minute - I heard an alarm, ran to Fisher-street, and the prisoner was taken with it on his back.

Prisoner. I was not running, nor did I steal the coat- some one threw it down in Red Lion-square - I had had two glasses of gin, and it took effect on me - I took the coat up and put it on my back.

GUILTY . Aged 28. - Transported for Seven Years .

Reference Number: t18340904-110

1326. MARY GRIFFITH and SARAH DAVIS were indicted for stealing, on the 22nd of August , 5lbs. of candles, value 2s.; 2 flasks of oil, value 1s.; and 1 brush, value 1s. ; the goods of Robert Green .

ROBERT GREEN. I am an oilman , and live in Little Newport-street . The two prisoners had been in my employ for a few days to pick onions for pickling - on the 22nd of August I called them into the back room where the officer was - he searched Griffith, and took two pounds of candles from her, and one pound from Davis - they admitted they were mine, and begged me to forgive them.

JOHN BARRETT . I am an officer. I found twenty candles on Griffith, and ten on Davis - they said they were Mr. Green's - they told me where they lived - I went there, and found at Griffith's this brush, two flasks of oil, and ten candles - there was nothing found at Davis's but two Bath bricks.

GRIFFITH - GUILTY . Aged 45.

Confined Six Months .

DAVIS - GUILTY . Aged 64.

Confined Three Months .

Reference Number: t18340904-111

1327. WILLIAM HANDCOCK and WILLIAM WILLIAMSON were indicted for stealing, on the 17th July , 1 jacket, value 4s.; 1 shirt, value 2s. 6d.; 1 pair of boots, value 4s.; 1 pair of stockings, value 1s.; 1 knife, value 5d.; 1 handkerchief, value 1s.; 1 box, value 6d. ; the goods of William Lane .

WILLIAM LANE. I am an excavator , and live at Dover. On Wednesday evening, the 17th of July, I went into the Rodney's Head public-house, in Old-street , at ten minutes before nine o'clock, and asked if I could have a bed - the mistress said I could - I called for a pint of beer, and went into the tap-room to drink it - I sat down and fell asleep, as I had walked from Uxbridge - there was no one in the box when I sat down - the articles stated were in a short smock-frock by my side - when I sat down I had a tobacco-box in my right waistcoat pocket, and a knife in my right hand breeches pocket - I slept about a quarter of an hour, and when I awoke, the prisoner Handcock was sitting on my right side - he asked me whether I was going to treat him with some beer - he was a stranger to me - I said I was not going to give him any - there was no other person there - I missed my bundle, and on putting my hand into my pocket I missed my money, my knife, and tobacco-box - I saw the boots, the shirt, the knife, and the tobacco-box, the same night.

JOHN HOLT . I am a carpenter - I was sitting in front of the bar that night, and saw the prosecutor come in with a bundle - he went into the tap-room, and in a few minutes, the two prisoners and another man came in - the two prisoners went into the tap-room, and the other person remained outside - there was nobody else in the tap-room - Williamson sat down on the prosecutor's right hand, and the other on his left - they remained there ten minutes or a quarter of an hour - Williamson and the other then went away, leaving Handcock in the box with the prosecutor - I heard the prosecutor complain that he had los this bundle - I went into the tap-room, and told Handcock there had been no one there but him, and the person who came with him - he denied all knowledge of them - I got an officer, who took Handcock - I went with the officer to the Windsor Castle, where we found Williamson, and these shoes - this shirt was by his side - he was taken to the station-house, and this box was found on him - the knife and 7 1/2d. were found on Handcock.

WILLIAM POYNE . I am a pot-boy at the Rodney's Head- I saw the prosecutor there - Handcock, Williamson, and another person came in - they sat down on each side of the prosecutor - Williams and the other went away in about ten minutes, leaving Handcock there - they had one pint of beer between them - they all joined in drinking it.

HENRY COLEE (police-constable G 126). I went to the Rodney's Head and took William Handcock - I found this box and 7 1/2d. upon him, which is what the prosecutor stated he had lost - I then went to the Windsor Castle, and there I found Williamson, and this property by his side - this knife was found on him at the station-house.

JOHN SHEPHERD . I was a serjeant of the police - I found this knife on Williamson.

WILLIAM LANE. These articles are mine - I had 7 1/2d. about me - I can swear I had more, but I cannot say what other money I had.

Williamson's Defence. When I went into the Windsor Castle, these things were there.

HANDCOCK - GUILTY . Aged 23.

WILLIAMSON - GUILTY . Aged 23.

Transported for Seven Years .

Reference Number: t18340904-112

1328. JOSEPH ROBINSON was indicted for stealing, on the 17th of August , 1 shilling, and one handkerchief, value 1s., the goods of Peter Dunkley , from his person .

PETER DUNKLEY. I am a harness-maker , and live at Leicester. I was at Uxbridge , in search of work, on the 17th of August: at half-past eleven or twelve o'clock at night, I went to the sign of the Bell, and had half a pint of beer - the prisoner's brother had been about travelling - I knew him, and had exchanged handkerchiefs with him - I was returning from the house, and heard a party say,"This is him: he is coming" - I went into a lane by a chapel, and waited an hour - I then came into the road again, and saw the prisoner and three others - the prisoner said, "You are just the person we were waiting for" - he seized the handkerchief which was on my neck, and said,"This is my father's handkerchief" - I took the handkerchief off my neck, and put it into my left trowsers pocket, where I had a shilling - I said, "Now I must be going home," but the prisoner tripped me up, and kicked me in all parts of my body, gave me two black eyes, and took the handkerchief and shilling out of my pocket - I saw the shilling in his hand, when he looked at it to see what it was- the other three were all looking on, and hardening him

on - I called, "Murder" twenty or thirty times - I then got up and went home.

Q. Did you tell the magistrate that you saw the shilling in his hand? A. Yes, this is my deposition (read).

"When he was down, Joseph Robinson kicked him on the face, and different parts of his body, and forcibly got from his pocket the handkerchief and shilling, which was all the money he had."

JAMES DANIEL . I am a constable. The prosecutor informed me of this - he was a good deal knocked about - I took the prisoner - he ran away from me - I pursued him about five miles, and took him again.

NOT GUILTY .

Reference Number: t18340904-113

1329. JULIA HAYES was indicted for stealing, on the 9th of July , 2 silver spoons, value 10s.; the goods of Daniel Dunham , her master .

DANIEL DUNHAM. I am a milkman . The prisoner is my servant - she used to carry the milk - she was a weekly servant - I paid her every Saturday night - she had been with me four or five months - I missed two silver spoons, about a fortnight before they were found - I mentioned it to her, and she denied knowing any thing about them.

Cross-examined by MR. CHURCHILL. Q. On what day did you miss them? A. On the 9th of July - I had seen them the evening before - a man and a boy lived in the house - these spoons were taken down to be washed, and were usually brought up again.

RICHARD BAYLIS (police-sergeant G 5). I took the prisoner, and charged her with stealing the spoons - she told me she had pawned them in Warner-street for 5s.

Cross-examined. Q. Did you say it would be better for her? A. No, I did not.

WILLIAM MOTT . I am a pawnbroker, and live in Warner-street. I have two silver spoons; I cannot swear who pawned them - it was a woman in the name of King.(Property produced and sworn to.)

Prisoner's Defence. I know nothing about it.

( Evan Jones , of Boar's-head-court; John Jones , of Durham-court; Ellen Gee, and Evan Evans , of Compton-street, gave the prisoner a good character.)

GUILTY. Aged 22. - Recommended to mercy . - Confined Three Weeks .

Reference Number: t18340904-114

1330. MARY HENESSY and SARAH SWASH were indicted for stealing, on the 24th of July , 1 watch, value 2l.; 1 seal, value 6s.; and 1 watch key, value 6d. ; the goods of Ellen Sullivan .

ELLEN SULLIVAN. I have known both the prisoners about ten months, they are mother and daughter - I go to service, but was out of place, and lodged in Dog-row with my mother - on the 24th of July, I met the prisoners in Mile-end-road - we went into a public-house, and had two or three half-quarterns of gin, and a pot of ale - I paid 1s., and the others paid 6d. - we stopped there about two hours- it was three o'clock when we went in - we then went home, and went out again - I placed my watch on the mantel-piece between two shells - the prisoners both went away together - I did not leave the room - directly they were gone down stairs, I locked the door - about ten minutes after I went to wind up my watch, and it was gone - it was about half-past eleven o'clock - we had been home, and went out again, and then went home again - I went the next morning to complain at the station-house - the prisoners were taken - the mother said that she saw me put it on the mantel-piece, but did not see it afterwards - her daughter said the same - the watch has not been found since - the prisoners said they lived at the back of Mile-end turnpike - I found them, and said one of them had it.

Cross-examined by MR. CHURCHILL. Q. Where had you been all the rest of that afternoon? A. We took a walk down Mile-end-road - we did not go to a dance - I knew Swash's husband had left her, and she asked me to lend her a pair of shoes, a pair of stockings, and a bonnet - she had the shoes on when I met her.

JOHN POCOCK (police-constable K 135). I went with the prosecutrix, and met the prisoners at Mile-end Turnpike - they said they had not seen the watch; but they afterwards said they saw her lay it on the mantel-shelf - I could not find the watch.

NOT GUILTY .

Reference Number: t18340904-115

1331. GEORGE FILEWOOD was indicted for stealing, on the 27th of May , 46 pairs of boots, value £20; and 150 pairs of shoes, value £30; the goods of James Lloyd , his master : and JAMES FILEWOOD was indicted for receiving 20 pairs of boots, value £10; and 30 pairs of shoes, value £7; part of the said goods, well knowing them to be stolen , against the Statute, &c.

3rd COUNT. For feloniously receiving of an evil-disposed person, the said part of the said goods, knowing the same to have been stolen, against the Statute, &c.

JAMES LLOYD. I am a shoemaker , and live in Coventry-street . The prisoner, George Filewood, was my shopman about eighteen months - I received information, and have seen a great number of boots and shoes, which I know to be mine; they were found at the pawnbroker's.

STEPHEN SMITH . I am foreman to the prosecutor, and have been so for three years. I had suspected the prisoner - I saw him make two attempts to pocket shoes, on the 27th of June; and on the 28th, I saw a pair in his left hand pocket - I charged him with it - he first denied it, and then said he had a pair of old ones - the shop then began to fill, and he came to me and said he hoped he might rest happy and safe in my not communicating the circumstance to Mr. Lloyd - he then turned out of the shop; and on the Monday I told Mr. Lloyd - these are the shoes I saw in his pocket - I could read the figures on the toes of them as he walked about.

WILLIAM DODD (police-constable C 179). I received information, and went to Mr. Lloyd's, on the 30th of June. Mr. Lloyd sent for George Filewood, and said to him,"Have I not heard something unpleasant about you?" - he said, not that he knew of - I took him to the station, and he gave me his address in Lambeth-walk - I went there, and found one pair of Blucher boots, one pair of shoes, one spur, and a duplicate of a pair of shoes - I then made search amongst the pawnbrokers, and found above two hundred pairs in all.

Cross-examined by MR. CHURCHILL. Q. Those you found at his house had been worn? A. They appeared to

have been worn once. One pair was in the bureau, and one pair on the floor - I went to the other pawnbrokers, through finding the duplicates at his lodgings.

WILLIAM BRYMER PYATT . I am shopman to a pawnbroker. I have seen George Filewood at my master's - he has pawned boots and shoes there - I have seen James Filewood there frequently - I have five pair of shoes - one pair of boots was pawned by James Filewood - I cannot swear which of them pawned the others - part were brought by one, and part by the other.

Cross-examined by MR. CHURCHILL. Q. You are sure that one pair was pawned by one of the prisoners? A. Yes; I cannot say which pair he left - I always had a suspicion of both the prisoners, that they pawned them with the intention of leaving them, and I was careful not to lend too much on them - I lent 5s. on this pair - they would fetch me about 5s. - we frequently lend 6s. on things which will not fetch more than 5s. to people we know - this pair of boots was pawned on the 30th of December - the prisoners pawned these four pairs of shoes, and James Filewood the boots.

EDWARD WOOD . I have four pair of shoes pawned with me - I cannot say by whom.

WILLIAM ROBERTS . I am shopman to Mr. Archbold, a pawnbroker, Bridge-road, Lambeth. I have the duplicates of twenty-two pairs of shoes, which were given up to the prosecutor - they were all pawned by James Filewood - here are a great many other duplicates of shoes and boots taken in by other young men.

Cross-examined by MR. GURNEY. Q. Do you know what business James Filewood is? A. No; I have purchased shoes of him, believing them to be his own property- these are common country-made shoes.

JOHN MICHAEL JONES . I am shopman to Mr. Barnes, a pawnbroker, in the Strand. I had six pair of shoes and one pair of boots, which I gave up to Mr. Lloyd, at Marlborough-street - these are the boots - they were brought by James Filewood - I had taken in several pair of shoes of him before; and I told him, unless I was satisfied that they belonged to him, I would detain him - he said he was a shoemaker, and lived in Rose-street, Long-acre, and he would go and fetch a card, or I might go with him, or he would bring some person with him - he left the boots to go and fetch a card, but he never returned.

Cross-examined by MR. CHURCHILL. Q. Had he often pawned with you? A. Yes; many pairs of shoes - I advanced a fair value on them - we do not usually advance a full value on goods which we do not expect will be redeemed - I believe it is done.

HENRY ROE . I am shopman to Mr. Attenborough, a pawnbroker. I produce some shoes - I cannot say who pawned them.

Cross-examined by MR. GURNEY. Q. Is there any thing peculiar in these shoes? A. No; they are common Northampton shoes, which no one can swear to unless there is a mark on them - I should know these to be Northampton boots - that is all.

WILLIAM RUFFEY . I am a pawnbroker. I have three pair of shoes - I do not know who pawned them.

JOHN STIMPSON . I am a manufacturer, and live at Northampton. I was at Bow-street, and saw some shoes which were my making.

EDWARD KING . I am a pawnbroker. I have seven pair of shoes, pawned in November and December - I cannot tell by whom.

OLIVER FAULKNER . I am in the service of the prosecutor - I missed these boots, they are No. 742.

Cross-examined by MR. CHURCHILL. Q. Do you rub off the mark when you sell them? A. No; we sell a great many - I cannot swear these had not been sold.

JAMES LLOYD. These are my shoes - they came from Northampton - great part of these are marked in the prisoner's own writing, and part by my apprentice - these boots are not marked - the man who made them is here, but he cannot swear they were made for me - one pair of those produced by Pyatt were marked by the prisoner, the rest I only know from having lost so great a number.

Cross-examined by MR. GURNEY. Q. Do you know when they were marked? A. I have no earthly conception- I seldom sell in my shop - I think it not very probable that these were sold by my shopman, finding them as I did- I think James Filewood could not have bought them for 5s. a pair - he could have sold them for more than he pawned them - I have missed great quantities of boots and shoes - I have not found the fourth part of what I lost - I do not know that I have complained of my apprentice not entering goods sent to country shops - I have no recollection of persons calling to pay for goods which had not been entered - it may have happened - that may account for a pair or two - some of these cost me 5s. a pair, some as little as 3s. 6d.

COURT to WILLIAM BRYMER PYATT. Q. Are you quite sure that these four pair of shoes were pawned by the prisoners? A. Yes; some by one, and some by the other, but I cannot say which - I never saw them both together.

George Filewood's Defence. I never had any thing to do with any of them - when Mr. Pyatt was before the magistrate, he said he had seen me in his shop, but could not swear to my pawning any of the shoes.

James Filewood's Defence. I have been in the habit of buying and selling shoes many years - I attend sale-rooms - I bought a great many in King-street, Convent-garden - no man alive can swear to them.

( Henry Hudson , boot and shoe-maker, in Lime-street; and John Gardiner , a brush-maker, gave the prisoner George Filewood a good character.)

GEORGE FILEWOOD - GUILTY . Aged 25.

JAMES FILEWOOD - GUILTY . Aged 29.

Transported for Seven Years .

Reference Number: t18340904-116

1332. GEORGE FILEWOOD was again indicted for stealing, on the 30th of December , 3 pair of shoes, value 12s. the goods of James Lloyd , his master ; and SUSANNAH FILEWOOD for feloniously receiving the same, well knowing them to have been stolen , against the Statute, &c.

JAMES LLOYD. I am a shoemaker - the prisoner, George Filewood, was in my employ - I know these three pair of shoes are mine - they have my own writing on them.

ROBERT COX . I am shopman to a pawnbroker, in Great Charlotte-street, Blackfriars-road. The two prisoners were in the habit of pawning shoes, and I supposed they were husband and wife; but when they came again I found they were not - on the 30th of December, the female prisoner came and brought this pair of shoes (I had had this other pair of them before) - she said they were her husband's, and that her name was Ann Brown, of Cornwall-road - I said I suspected they were not honestly come by- I sent a lad to inquire if she lived there, and she did not - I then said she must give me her own name, and she gave me her right name - she said she would send her husband, but she went away, and I saw no more of her till she was in custody.

MARY ANN RHODES . I was nursing Mrs. Filewood, the prisoner, and she gave me two pair of shoes to pawn for her - I gave her the money.

JOSEPH PARKER . I am a pawnbroker. I have two pair of shoes pawned by Rhodes.

MR. LLOYD. These are my property - some of them have my writing on them.

Susannah Filewood's Defence. I had them of my husband, James Filewood.

NOT GUILTY .(There was another indictment against George Filewood.)

Reference Number: t18340904-117

1333. SARAH CLEWER was indicted for stealing, on the 10th of July , 1 gown, value 8s.; 1 handkerchief, value 5s.; and 1 flat-iron, value 8d. ; the goods of Thomas Wallbank .

HANNAH WALLBANK . I am the wife of Thomas Wallbank; we live in Long-lane . The prisoner was a lodger of mine - she had the first floor - I missed my gown, handkerchief, and iron - they were taken from a room adjoining the shop, where I carry on the earthenware business - I have found my gown.

JAMES HANLEY . I am a policeman. I took the prisoner, for another offence.

THOMAS BROWN . I am a pawnbroker. I produce the gown, but cannot tell who pawned it - I believe it was the prisoner.

NOT GUILTY .

Reference Number: t18340904-118

1334. SARAH CLEWER was again indicted for stealing, on the 27th of July , 1 shawl, value 3s. , the goods of Rebecca Darnell .

REBECCA DARNELL. I am a servant . The prisoner came to my master's, on the 27th of June, with a little boy, and asked for a situation to clean knives and forks - I said my master was not there - she came again, about one o'clock, and spoke to my master - she then went away - in the evening I missed my shawl, which had hung up in the passage which the prisoner came through - my shawl was found at the pawnbroker's.

WILLIAM CHAPMAN . I am a pawnbroker. I took in this shawl of the prisoner, on the morning of the 28th of July.

JAMES HANLEY . I took the prisoner for another offence - I did not find the duplicate of this article.

GUILTY . Aged 54.

1335. SARAH CLEWER was again indicted for stealing, on the 18th of July , 2 shawls, value 10s. , the goods of William Blake .

ELEANOR BLAKE . I am the wife of William Blake: we live in Long-lane . I lost two shawls out of my drawer, in my bed-room - the prisoner had nurse d me for five weeks, but I did not lose them then - she came in for a pail of water one day, and I found her on the stairs where she had no right to be.

EDWARD HORN . I am shopman to a pawnbroker - I have one shawl, which was pawned, I believe, by the prisoner, but I cannot be positive.

THOMAS BROWN . I am shopman to a pawnbroker - the prisoner pawned this shawl with me on the 17th of July.(Property produced and sworn to.)

Prisoner's Defence. I did it from distress - I have four children, and my husband is out of work.

GUILTY . Aged 54. - Transported for Seven Years .

Reference Number: t18340904-119

1336. JOSEPH WILLIAMS was indicted for stealing, on the 16th of August , 3 bobbins of silk, value 4s. , the goods of John Henry Machu .

JAMES CARTER . I live with Mr. John Henry Machu, a silk trimming maker , in Twister Alley . On the 16th of August, between seven and eight o'clock in the morning, I was called out of the work-shop to the lobby, and Mr. Fellows said the prisoner had taken these three bobbins of silk - the prisoner said, "Pray, Mr. Carter, forgive me" - I said I could not, but I took him to my master, and took him to the station-house, and gave him into custody.

WILLIAM FELLOWS . I am in the employ of Mr. John Henry Machu - Pond told me the prisoner had taken three bobbins, and put them into his bosom, and gone out - when he came back I said, "Where are the bobbins?" - he said he had none - I said if he did not give them to me I would give him in charge - he went down the steps and got them.

CHARLES POND . I work for Mr. Machu - I saw the prisoner take three bobbins of sewing-silk out of the box, and put them into his bosom - I told Fellows of it.

MARMADUKE LOVELL (police-constable G 144). These are the bobbins of silk which I took from the prisoner.

JAMES CARTER . These are my master's property - one has the private mark on it, "J. H. M." - the prisoner was fifteen or sixteen months in his employ.

GUILTY . Aged 16. - Confined Six Weeks .

Reference Number: t18340904-120

1337. JOHN WILSON was indicted for stealing, on the 6th of August , 10 glazed window sashes, value 5l. , the goods of Richard Liscombe .

JOHN GLASSCOCK (police-constable N 200). On the 6th of August, in the morning, I was passing a house of Mr. Liscombe's, and observed the sash of the window was moving- I went and gave information to Mr. Liscombe, and he and I and my brother-officer went to the house - they went in at the front, and I went in at the back - we found ten sashes had been removed, and one pane was cut out of the back window - the prisoner was in the house - we took him into custody - I found on him a knife - the blade had putty on it.

ROBERT KIRBY (police-constable N 34). I went to the

house - I entered in front with the prosecutor - the prisoner was in the front parlour - ten sashes had been removed - I saw this knife found on him.

RICHARD LISCOMBE. This house belonged to me - it was empty - I had seen the sashes all secure the night before - I know nothing of the prisoner - there were ten sashes removed - a square had been cut out of the back window, and a hand put in, and the screw taken out.

GUILTY . Aged 45. - Transported for Seven Years .

Reference Number: t18340904-121

1338. MARY WEBB was indicted for stealing, on the 17th of August , 10 pence, and 10 half-pence , the monies of William James Penry .

WILLIAM JAMES PENRY. I keep a coffee-shop in Red Lion-court, Spitalfields - the prisoner was my servant of all work - she had no business at the till - I marked four shillings worth of copper, which I put into the till on the 17th of August - I looked again between three and four o'clock that afternoon, and missed 1s. 3d. - I got the police-officer, and we went up to the room where the prisoner was - I said I suspected she had robbed me, and had some money on her, perhaps she would go to the station and be searched - she wished to get away, but the officer would not let her - she then said we might search her there - the officer was going to do it, when she pulled out a purse with 1s. 3d. of the marked money in it - she had been four weeks with me.

ZECHARIAH BAKER (police-constable H 95). I took the prisoner - I have the money.

MARY SMITH . I live with the prosecutor - I marked this money as well as he did - I know it is the same.

Prisoner's Defence. It was given me by the customers.

GUILTY . Aged 17. - Transported for Seven Years .

Reference Number: t18340904-122

1339. HENRY WINGALL was indicted that he on the 9th of July , feloniously and maliciously by fraud did entice away Jeremiah Sands , a child under ten years of age, to wit, about eight years, with intent to defraud Cornelius Sands and Bridget Sands , the parents, of the possession of the said child , against the Statute, &c.

JOSEPH COCK (police-constable N 144). On the 9th of July, I was on duty on Stamford-hill, at a quarter before eleven at night. I met the prisoner, who had fast hold of the little boy by the hand - the prisoner was a sweep , and as the little boy had no appearance of one, I said to the prisoner, "Where are you going to take that boy?" - he said, "Only to take a walk with me" - I asked where he came from - he said, "From Leicester" - the little boy was crying, and I said to him, "Have you got a father?" - he said yes, and that he lived a little way on the other side of London-bridge - I took the prisoner before the magistrate, and the little boy took me to where his parents lived.

CORNELIUS SANDS. This is my son - his name is Jeremiah - I came home from work about half-past eight o'clock that night, and he was lost - we went to several station-houses, and had no rest - the next morning the officer brought him - he goes to church, and knows good from bad.

JEREMIAH SANDS. I saw the prisoner sitting on our stairs, and he said, if I would go with him, I should have a good master, plenty of shoes and stockings, and plenty of victuals - and I should be a good way off, so that my father and mother would not see me.

Prisoner. He said he was willing to go if I would take him to a good master - he should like to be a sweep. Witness. No, I did not.

Prisoner's Defence. My master persuaded me to come to London to entice a little boy away, to come and be a sweep, and he would give me a sovereign - I came from Stamford, in Lincolnshire.

GUILTY . Aged 14. - Confined Six Months .

Reference Number: t18340904-123

1340. JEREMIAH MURRAY was indicted for stealing, on the 17th of July , 1 handkerchief, value 2s., the goods of Thomas Stevens , from his person .

WILLIAM LEACH (police-constable H 97). On the 17th of July I was on duty in Essex-street, Whitechapel , at a quar- before nine o'clock at night - I saw the prosecutor coming along with the handkerchief hanging from his pocket - I saw the prisoner draw it from his pocket, and took him with it.

THOMAS STEVENS. I lost a handkerchief like this - I believe this is mine, but I have no mark on it.

Prisoner's Defence. I was going on an errand - I saw the handkerchief on the ground, and picked it up - I did not take it out of his pocket.

GUILTY. Aged 9. - Judgment Respited .

Reference Number: t18340904-124

1341. ARTHUR KINGSLEY was indicted for stealing, on the 2nd of August , 1 pair of sugar-tongs, value 10s. , the goods of John Bumstead .

JOHN BUMSTEAD. I live at the Lamb, in Kingsland-road . On the 2nd of August my attention was called to the prisoner - he was in the street, with my sugar-tongs in his hand, and was showing them to another person - I had not seen him in my house, but he might have been there - the tongs were taken from my bar - when he saw me he ran away - I had heard the other one say, "Did you get any thing?" - the prisoner then put his hand in his pocket, pulled out the tongs, showed them to him, and said, "It is all right, come along" - they then ran off - I pursued and took the prisoner - he had no tongs then, but they were found - these are them.

ANN BUMSTEAD . I saw these tongs going out of the bar window - I did not see who took them.

HENRY WILLIAM TRICKER . I picked up these tongs at the corner of a street by which the prisoner ran.

Prisoner's Defence. I had been eating some victuals, and had a pint of beer at his house; when he says he saw me with the tongs in my hand he was sixty or seventy yards from me.

GUILTY . Aged 18. - Transported for Seven Years .

Reference Number: t18340904-125

1342. JOHN HARMAN was indicted for stealing, on the 14th of August , 1 frock, value 1s.; and 1 pair of trowsers, value 1s. ; the goods of James Henry Williamson .

JOHN HOOPER SANSOM . I live opposite the prosecutor in Flour and Dean-street - on the 14th of August I was standing at my father's counter, writing - I looked over and saw the prisoner pulling these things down - I ran out and laid hold of him, and called the shopman, who took him.

RICHARD HALL (police-constable H 111). I was on duty, and took the prisoner - I produce the property.

THOMAS LIEBRECHT . I am in the employ of James Henry Williamson - he is a pawnbroker - this is his property.

Prisoner's Defence. I was standing at the window - a boy pulled these down, and I took them up.

GUILTY . Aged 13. - Transported for Seven Years .

Reference Number: t18340904-126

1343. JAMES GARNHAM was indicted for stealing, on the 2nd of August , 1 half-crown, the monies of Charles Henry Clifford , his master .

CHARLES HENRY CLIFFORD. I keep the Coach and Horses, at Shadwell . The prisoner was my barman - on Saturday evening I make it my rule to clear the tills every hour - on the 2nd of August I went to his till and took out 1s. 6d., which was all I thought there was in it; but in taking it out a piece of wood caught my hand, and I saw a half-crown, which I thought was in a wrong place - I marked it, and left it there - I afterwards missed it - I called him into a back room, and told him of it - he denied it - I desired him to show what money he had - he pulled out some money - I asked if he had any more - he said he had, and he pulled out a sovereign and two half-crowns, one of which was the one I had marked - the officer found 3l. 12s. 6d. more on him - he had been with me about eight months, and had 12l. a-year, board and lodging - I received a good character with him - his box had several valuable things in it - I had missed a sovereign the Saturday night before.

GUILTY . Aged 18. - Transported for Seven Years .

Reference Number: t18340904-127

1344. MARY COOK was indicted for stealing, on the 14th of August , 1 brooch, value 2s.; 48 yards of tape ribbon, value 4s.; 1 yard of muslin, value 2s.; 2 neck chains, value 5d.; 12 yards of edging, value 1s.; 2 shirts, value 9s.; 3 handkerchiefs, value 3s.; 1 flat iron, value 9d.; 1 brush, value 1s.; 2 combs, value 6d.; and 1 shawl, value 25s. ; the goods of Dennis Ahearne .

BRIDGET AHEARNE . I am the wife of Dennis Ahearne - I knew the prisoner by going to Farringdon-market - and on the 7th of August, she brought a little girl, and wanted me to take her into my care, which I did; and the prisoner came to see her the next morning - on the Monday evening after, I missed part of this property, and told the girl I must discharge her - the prisoner came and said she was very sorry for it - and on the Thursday afterwards, the prisoner came, and brought this brooch, which she said the gilr had sold to a woman for 2d., and she had bought it for 3d.

RICHARD POTTEN (police-constable G 134). I went to No. 2, Adam and Eve-court, where the prisoner had lived, but she had absconded - I stated the case to the person who kept the place, and she produced these articles, which the prosecutor owns.

ELIZABETH DELANEY . I live at No. 2, Adam and Evecourt - this property was at my house, but I do not know how it came there, without the prisoner brought it - she came there on the 7th, and absconded on the 14th - she gave me no notice - she said she came from service - I had seen her little girl come there once.(Property produced and sworn to.)

Prisoner's Defence. There are two rings and a cap of mine among that property - I got some of those things out of the girl's possession, in Playhouse-yard, and the next day, I found her, with some more of them, making a cap- I asked her if they were her own - she said they were - I took them from her to my house, to return to the woman.

GUILTY . Aged 23. - Transported for Seven Years .

Reference Number: t18340904-128

1345. WILLIAM CHAPMAN and JAMES DENHAM were indicted for stealing, on the 5th of August , 1 waistcoat, value 4s. , the goods of Francis Cotton .

CHARLES PADDON . I am assistant to Mr. Francis Cotton - he is a pawnbroker , and lives in Shoreditch - on the morning of the 5th of August, I saw the prisoners at the window, with their arms round each other's necks - they then ran away - I pursued them, and when I got close to Denham, he dropped this waistcoat - I took it up and took him - I gave him in charge - as I was returning, Chapman followed me, and I gave him in charge - they must have come about a yard and a half into the shop to take the waistcoat - I had observed them for ten minutes - I thought they were about stealing something.

CHAPMAN - GUILTY . Aged 11.

DENHAM - GUILTY . Aged 10.

Whipped and Discharged .

Reference Number: t18340904-129

1346. JOHN SMITH was indicted for embezzlement .

ROBERT ARMSTRONG . I am a tallow-chandler , and live in Gray's-inn-lane - the prisoner was my porter about seven months - it was his duty to receive money for goods he took out - on the 30th of July he carried out some goods to Mrs. Winwood, and he ought to have accounted to me for the money when he came back - he did not.

ELIZABETH WINWOOD . I bought some articles of the prosecutor on the 30th of July - the amount of the bill is 1l. 18s. 9d., which I paid the prisoner, and he wrote the receipt on the bill.

STEPHEN JOHN SEWELL . I am shopman to the prosecutor - the prisoner never paid this money to me.(The prisoner put in a written defence, stating that he had been induced to make use of the money in order to pay a debt, but intended to refund it.)

GUILTY. Aged 35. - Recommended to mercy .

Confined Three Months .

Reference Number: t18340904-130

1347. SARAH PARKER was indicted for stealing, on the 28th of July , 8 whips, value 4s. , the goods of Alexander Cowan .

CHARLES SCOTCHMER (police-constable G 125.) On the 29th of July, at half-past six o'clock in the evening, I saw the prisoner carrying seven of these whips in her hand- I asked where she got them - she said her husband made them, but they were damaged, and she was going to sell them - I said I should take her to the station-house - she then said a friend gave her them - in going along, Booty gave me another whip, which he said the prisoner had sold him - at the office the prisoner said another person gave them to her, but she did not know who.

SAMUEL BOOTY . I bought one of these whips of the prisoner - I gave her 21/2d. for it, and told her I would give her another 1/2d. when she came back.

LOUISA COWAN . I am a daughter of Alexander Cowan. He lives in Aylesbury-street, and has a shop in Wilderness-row , which I mind - these whips were taken from the door on the 29th of July - I saw them safe between four and five o'clock.

Prisoner's Defence. I met a person who asked me if I would accept of them to sell.

GUILTY . Aged 39. - Confined Six Months .

Reference Number: t18340904-131

1348. GEORGE DAYMAN , JOSEPH LYON , and JAMES BARRINGTON , were indicted for stealing, on the 14th of July , 2 handkerchiefs, value 5s.; 2 habit-shirts, value 10s.; and 1 frill, value 2s. ; the goods of Benjamin Hustwayte .

WILLIAM HUSTWAYTE . I am the son of Benjamin Hustwayte. I was fetching a bundle containing the property stated, on the 14th of July, from Mrs. Whitfield, for my mother to wash - it was to go home the next day - in going along I dropped the bundle in Dalston-lane - Dayman picked it up, and ran away - the other prisoners were with him - I ran after them across Mr. Ashwell's field - a little girl took the bundle to Mr. Lambert's - the linen fell out of the bundle.

Cross-examined by MR. PRENDERGAST. Q. Did you see it fall? A. No; I saw Dayman pick it up.

SAMUEL TWINDLE . I was sitting at Mr. Ashwell's field - I saw Hustwayte run and drop the bundle - Dayman took it up, and went into the field - Barrington showed us where the bundle was buried, in a ditch, where they all had been.

CHARLOTTE AMBROSE . I sent my girl out with milk - she said she saw a parcel in a ditch, and two boys brought the parcel there - I said to Barrington, "Have you seen it?" - he said, "Yes," and gave it me from the ditch - he said they found it, and did not know who it belonged to.

CAROLINE AMBROSE . I saw Dayman pick the bundle up and go across the field with it - Barrington told my mother where it was - Lyon was at the brook washing his feet.

NOT GUILTY .

Reference Number: t18340904-132

1349. JAMES BULL was indicted for stealing, on the 2nd of August , 4lbs. of white lead, value 1s.; 1 quart of oil of turpentine, value 1s. 3d.; and three brushes, value 7s.; the goods of William Sowter , his master .

MR. PHILLIPS conducted the Prosecution.

WILLIAM SOWTER. I am a builder , and live in Golden-lane. The prisoner was foreman of the painters - at the latter end of July, he was sent to paint some work in Old-street - he was to take the materials from our colour works, in Golden-lane - the men are not allowed to use their own brushes in our business.

Cross-examined by Mr. CLARKSON. Q. Do you know that they very often do use their own brushes? A. I never knew such a thing; it is not the rule of the trade - masters are expected to find brushes.

WILLIAM GAYBARD . I am a colour grinder in the prosecutor's employ. I delivered the prisoner two new dusting brushes, in the latter end of July, two painting brushes, some lead, oil, and turpentine - I have since seen a dusting brush, which I believe to be one I delivered to him in the course of the same job - I delivered a tool brush and two dusting brushes to Martin.

JAMES MARTIN . I was at work at the same job with the prisoner - he got a tool that I was working with, and said he was going to take it home - I said, "If you take it out of my hands, you will be accountable for it" - I cannot say that that was one of those I received from Gaybard, but I have seen that brush at the pawnbroker's.

THOMAS SHARPE . I am a painter, in the prosecutor's employ. I was working at the same wine-vaults - I saw the prisoner come out of a pawnbroker's shop - he showed me the duplicate of a dusting brush - he had owed me 6d., and paid it me - on the 1st of August, I saw him take a handpot full of lead away, and some dryers - I gave information on the Saturday night.

Cross-examined. Q. When did he show you the duplicate of the brush? A. On the 31st of July, at dinner-time - I had lent him sixpence that morning before breakfast, that he might stand a drop of gin - I and two or three more had asked him to do it - he said, if I would lend him 6d., he would stand some gin - I told him he must let me have it before dinner, as I seldom brought more money out than was necessary to carry me through the day - I had no idea he was going to pawn his brush.

Q. Upon your solemn oath, did you not say, "D-n it, pawn your duster; you can take it out again?" A. No - I did not go with him to the pawnbroker's, and take the 6d. from his hand - I waited outside of Mr. Weller's till he went home, as I understood, to get the money - I was surprised when he came out of the pawnbroker's, and I asked him what he had been up to - I told him he had better not have done that - I did not mention that to the magistrate - I was not asked it - Mr. Sowter was not going to turn me away on the Saturday night afterwards.

FREDERICK THOMAS MATTHEWS . I am clerk to Mr. Sowter. Painters are not allowed to use their own brushes - I went with the officer to No. 17, Twister-alley - I saw the prisoner, and gave him into custody.

PAUL PLANT (police-constable G 177). I took the prisoner - I found on him three duplicates - one is for a brush - he said it was not his; he pawned it to pay a man 6d.

JOHN BENNETT . I am assistant to a pawnbroker. I have two brushes - I do not remember this one being pawned, but I gave this duplicate.

JAMES MARTIN . This is the brush I had at work.

WILLIAM GAYBARD . I gave him one similar to this - I could not swear to this.

Prisoner's Defence. Sharpe asked me to give them something to drink. I said I had no money - he said he would lend me sixpence - I said I should not be able to give it him that day, and he told me to pawn the duster, which I did.

NOT GUILTY .

Reference Number: t18340904-133

Third London Jury, before Mr. Common Serjeant.

1350. JAMES CARTER was indicted for stealing, on the 9th of August , 1 jacket, value 7s.; 1 waistcoat, value 1s.; and one handkerchief, value 1s. 6d.; the goods of William Hawthorn ; and 1 pair of breeches, value 2s. , the goods of William Brace ; to which indictment the prisoner pleaded GUILTY . Aged 26. - Confined Six Months .

Reference Number: t18340904-134

1351. SOPHIA ANN SCHMIDLIN was indicted for stealing, on the 29th of July , 1 ring, value 2l. 10s.; and 1 pair of ear-rings, value 1l. ; the goods of Elizabeth Price ; to which she pleaded GUILTY . Aged 15. - Confined Two Days .

Reference Number: t18340904-135

1352. WILLIAM HENRY BARTHOLOMEW AYSHFORD was indicted for stealing, on the 26th of August , 2 pieces of handkerchiefs, value 2l.; and three yards of silk, value 5s. 6d.; the goods of John Williams , his master .

JOHN WILLIAMS. The prisoner was my shopman . He slept in my house - I had four other shopman - on the 26th of August I examined all their boxes - I found nothing in them, but the prisoner had been standing by the side of his own bed - I suspected something, and found there, wrapped up in his flannel waistcoat, two pieces of India bandana handkerchiefs - they were worth 20s. a piece - there was nothing else with them - I asked all the young men, Who brought them up? - no reply was made - I then personally asked the prisoner if he brought them up - he said, yes, certainly he did, yesterday - he had no right to bring them up - I then asked him for the silk which I had missed, which he denied - I sent for the officer, who came before he left - he said he would give up all he knew - I told him it would be better for him - he gave me some duplicates, and I found my things; and, among the rest, one piece of silk which had my mark on it.

Cross-examined by MR. PHILLIPS. Q. What is your mark? A. This is it; the handkerchiefs were wrapped in a waistcoat which I heard was the prisoner's - he gave me some duplicates of his own clothes - he has been in my employ for seven months.

JOHN HAWGOOD . I am shopman to a pawnbroker in Fleet-street. I produce this silk - it was pawned, but I cannot say by whom - this is the duplicate that was given - I have the counterpart - it was pawned in the name of John Ayshford.

Cross-examined. Q. It might be an old man that pawned it? A. It was some man - I have only put down"Holborn," on the duplicate - I took in the greatest part of his wearing apparel, but I do not recollect that he pawned it - if he had pawned all these, I think I should have known the prisoner's face - I do not think the prisoner is the person.

MR. WILLIAMS. These handkerchiefs are mine - they were under the bolster - no other person slept in the bed.

GUILTY. Aged 22. - Recommended to mercy by the Jury and Prosecutor . - Confined for Three Days , and delivered to his friends, who engaged to send him to Van Dieman's Land .

Reference Number: t18340904-136

1353. JOHN PHILLIPS was indicted for stealing, on the 9th of July , 1 tobacco-pipe, value 1s. , the goods of Jacob Schlesinger .

JACOB SCHLESINGER (through an Intrepreter.) I had a pipe for sale on the 9th of July - the prisoner came into a public-house - I asked if he would buy it - he made no reply, but took the pipe, and put it into his pocket - he did not pay for it - he went away - I went after him, and met the policeman - I told him, as well as I could, that he had got the pipe.

Prisoner. Q. Did I run away, or did you run away and leave me? A. You went out - I said as well as I could,"Will you buy one?"

Prisoner. I said, "Yes, and thank you too," and put it into my pocket - he then went into a passion - I said, "My good man, you should know better than to offer your pipes, so you shall stand a quartern of gin, and then you shall have your pipe." Witness. He might have said it, but I did not understand him.

DAVID BENNET (police-constable C 33). The prosecutor came to me, and made me understand that the prisoner had got the pipe - the prisoner was before the prosecutor - I was standing in the street - I told the prisoner if he had got any thing belonging to the man, he had better give it to him - he said he should not - that he had offered it to him, and he had a right to keep it - he had made the proposition that he should stand a quartern of gin, and he would give it to him - there was a Jew coming by, who understood the German language, and I got him to interpret to me, and from what he said I took the prisoner - the prisoner might have run away, as he was before the prosecutor.

Prisoner's Defence. He left me in the public-house - I went after him with the intention of giving him the pipe - as we passed the Ben Jonson, the landlord said, "There goes the fellow with the bad half-crown" - I said I would not give the pipe - I understood he had bad money about him, and a bad half-crown was found on him.

NOT GUILTY .

Reference Number: t18340904-137

1354. JOHN HAYES was indicted for stealing, on the 9th of July , 1 pair of boots, value 2s., the goods of Richard Lowe ; and 3 pair of boots, value 25s. , the goods of Richard Gaskin .

RICHARD GASKIN. I am a shoemaker , and live in West Harding-street, Fetter-lane - the prisoner lodged there, and left me without notice on the morning of the 9th of July - the next morning I missed four pair of boots, and one odd one - they belonged to Mr. Lowe, who is a hatmaker - I had them to new-front.

ROBERT LOWE. These are my boots - I saw them on the prisoner's feet at Guildhall - I know them by several marks.

RICHARD GASKINS. I know these are Mr. Lowe's, but they have no particular mark on them - I know them from their general appearance - this left boot I recollect: the sole was ripped from the upper, and so it is now - they have been opened in the side seam - perhaps they were too small for the prisoner.

Prisoner's Defence. I assure you positively I brought them from the country.

NOT GUILTY .

Reference Number: t18340904-138

1355. FRANCIS CLARKE was indicted for stealing, on the 8th of May , 3 half-boots, value 7s. , the goods of William Fair .

MARGARET FAIR . I am the wife of William Fair - he lives in Fleet-street , and is a shoemaker - I employed the prisoner to move some coals on the 8th of May - on the

following day we missed several shoes - this is the odd one.

WILLIAM FAIR. This I believe to be mine, but the manufacturer is here who brought them into my house - I had a hundred and odd pairs of this description - I missed eight pairs and one odd one - they were similar to this.

Cross-examined by MR. CLARKSON. Q. Where do you carry on business? A. At No. 100, Fleet-street, and in Newgate-street - I never saw these shoes after I missed them, till the police went to the prisoner's house, and found the duplicates of them, about a month ago - I missed them in May last - they were brought into my shop in Fleet-street in hampers, and on the second Friday in May I missed eight pairs of shoes and boots, and one odd one, but I have nothing to prove they had not been sold.

COURT. Q. You produce one odd shoe? A. Yes - it was brought to my shop by Matthews, who is a boot closer, (partly employed by me,) to have a fellow made to it - I have the fellow in my shop.

Mr. CLARKSON. Q. How do you know it is a fellow? A. I can swear to it - any one in the trade can tell it, by the quality, the making, and the binding - I cannot swear how many the man may have made off the same last - it is not possible to swear to its being the fellow.

JURY. Q. Do you cut them out? A. No: I buy them ready made, five or six pairs at the time.

AMELIA MATTHEWS . I bought an odd left boot of the prisoner - I do not know whether this is it: but Mr. Fair had it three days in his possession - about a month ago I bought it for 1s., and sent it by my husband to have a fellow made.

JOHN TOBY . I can swear I sold this pair to Mr. Fair - two men will not make two shoes alike - I can swear that one is the fellow to the other.

NOT GUILTY .

Reference Number: t18340904-139

1356. FRANCIS CLARKE was again indicted for stealing, on the 3rd of August , 1 metal cock, value 2s.; and 6 inches of leaden pipe, value 3d.; the goods of Christopher Swile , and fixed to a certain house of his , against the Statute.

SARAH SWILE . I am the wife of Christopher Swile, of Fleet-lane , baker - we had a leaden pipe and a metal cock - on Sunday morning, the 3rd of August, I went to church at a quarter before eleven o'clock, and returned about one o'clock - I went down a little before six o'clock in the evening, and found the cock and pipe were gone - this is the cock, I gave 2s. for it - I know it by its having been very hard driven down - I took it out and knocked it up with the hammer.

Cross-examined by MR. CLARKSON. Q. Where do you live? A. Opposite the Red Lion - the prisoner lives at the top of the lane - my back door is frequently open, as I have three or four lodgers - some of them were at home when I came back from church - the cock was fastened to a pipe in the cellar - in June last the old pipe was taken, and I was forced to go to the plumber's for fifteen feet of this new pipe, and had this cock put to it - I saw it safe a little before eleven o'clock - I had the same lodgers living with me when I lost the old pipe - the prisoner has often been to my house - he brought my coals - I gave information on the Monday to several persons, that if this cock was offered for sale, they should stop it - I know the prisoner was in the habit of buying small articles of this sort.

BENJAMIN LOCKYER . I am a plumber's labourer. I know this cock by the bent appearance of it and the tinning - I tinned it, and was employed in fixing it on the 30th of June, and this pipe corresponds with what is left.

GEORGE ARDEN WHITE (City-policeman No. 36). I found this pipe in a corner of the prisoner's house covered with a basket - there was a quantity of lead and another cock there.

Cross-examined. Q. Where was it? A. In the corner of the parlour within the shop - I went to search the house - the prisoner's wife told me there were lodgers in the house - I did not examine the rooms - I only searched the parlour and the shop - this was on the 7th of August - it was a coal-shed - I believe the prisoner deals in marine stores - he was not there when I first went, but I went again and found him - I believe his name is over the door.

GUILTY . Aged 23. - Transported for Seven Years .

Reference Number: t18340904-140

1357. EDWIN GRIFFIN , CAROLINE WATSON , and ANN TYSON were indicted for stealing, on the 31st of July , 6 knives, value 15s.; and 6 forks, value 15s.; the goods of John Goodburn ; and that the said Caroline Watson had been before convicted of felony .

SAMUEL WOODHOUSE . On the 31st of July, I was passing along Bishopsgate-street - I saw Tyson looking in at the prosecutor's shop window - it was a very rainy morning - Griffin then came out of the shop and joined Tyson - they were then joined by Watson - they stopped for a moment, and Griffin then went into the shop again, and Tyson took her station at the window - I had seen something pass from Griffin to her - Griffin came out again and joined the two females, and then he passed something to Watson - he went in again, then came out, and they all walked off - I then saw Mr. Young, and we followed them to Wormwood-street, where they were taken - the officer took two knives from Griffin.

Cross-examined by MR. PHILLIPS. Q. Where were the knives? A. One he took from his pocket himself, and the other was in his cap - I suppose they were taken a quarter of a mile from the prosecutor's - they had turned, and I had lost sight of them - I had never seen Griffin before - it was ten minutes or a quarter before eight o'clock in the morning - I knew Griffin again by seeing him in company with the two girls - I observed he was marked with the smallpox - I was on the other side of the way when he went into the shop, perhaps fifteen or twenty yards from him - I could not see what he gave to the girls - it was something in white paper - when I first saw him, I suspected him to be the shop-boy - I lost sight of them when I ran into the watch-house.

GEORGE YOUNG . I was on the steps of the London Tavern on the 31st of July - this witness applied to me - I went with him and the officer to take the prisoners - I saw them all three together.

SAMUEL COOK . I am a constable. I took the prisoners - I asked Griffin what he had about him - this knife

was in his pocket, and this in his cap - they were then taken to the watch-house - I searched Griffin, but found nothing on him - while I was searching him, these six forks and four knives were laid on the bench - I had seen the bench before, and they were not there - a man who takes the City-toll, and a boy, were in the watch-house.

Cross-examined. Q. Had you been in the watch-house before you took the prisoners? A. No; I do not belong to that watch-house - when I went in, the bench was clear - I did not look purposely - the toll-keeper is not here - I asked him if he saw who laid them down - he said, "No."

HENRY FORESTER . I am in the service of Mr. John Goodburn - I know these knives and forks - they correspond with another half-dozen which were left in the shop - they were taken from a glass case.

Cross-examined. Q. When had you seen them last? A. On the evening before - there is no private mark on them - I was sitting at breakfast in the parlour, a little before eight o'clock that morning, and looking towards the shop - I was about twelve yards from the shop door - I had a pretty clear view of the shop - while I was taking my coffee I saw Tyson at the window, but I had no suspicion - it would scarcely take a moment to go to the glass-case - it was locked, but the key was in it - I considered I kept a sharp look-out, but a person might watch when my eyes were off the door.

JOSEPH FEARNE (police-constable N 244). I produce a certificate of the conviction of Caroline Watson, by the name of Caroline Beaton - I was present at the trial, and know she is the person. (Read.)(Mrs. Hunt, of No. 6, Bell-court; John Powell , a tailor, Commercial-road; Mr. Knight and John Carter , of Charter-house-square, gave Griffin a good character; and Mr. Francis Randall , of the Woolpack Tavern, engaged to send him out in the whale fishery.)

GRIFFIN - GUILTY. Aged 15. - Judgment Respited .

WATSON - GUILTY . Aged 14. - Transported for for Seven Years .

TYSON - GUILTY . Aged 14. - Confined for Fourteen Days .

Reference Number: t18340904-141

OLD COURT. - Monday, September 8th.

First Middlesex Jury, before Mr. Common Sergeant.

1359. JOHN BASSIL was indicted for stealing, on the 23rd of August , 1 gelding, value 7l. , the goods of Jonathan Joyner .

WILLIAM JOYNER . I am the son of Jonathan Joyner, of Little Missenden, Bucks - he had a horse, which I saw safe in the meadow on Friday, the 22nd of August, about six o'clock in the evening - on Saturday morning at eight o'clock I missed it - it was a bay gelding, two years old, and fourteen and a half hands high - the gate of the meadow was shut - we could not find it any where - I sent information of it to the constables, and received a letter from London - I came to town, and saw it at the Lion, at Paddington, in possession of Sullivan - I swear it was the same.

Cross-examined by MR. BODKIN. Q. It was very young, was it not? A. Yes; but not very lively - it never broke out of the field - we bred it, and have got the mother of it- when they are breed together they never go away - the mare was in the meadow with it - I fastened the gate myself that Friday night - the meadow is enclosed with a hedge - I do not know that there are any gaps - the gelding had a shoe off, and I traced it above a mile - the nearest turnpike road is a quarter of a mile from the field, but the gate opens on the heath - they cannot get off the heath, there are gates to stop them.

COURT. Q. How far is Missenden from Paddington? A. Twenty-eight or twenty-nine miles - it had a shoe come off on Friday, when it was at work, and it was brought up to Paddington without a shoe - it came by our house on the common - I could not trace it till it had got about half a mile from the house, on the road going towards Cheshunt and towards London - I do not know the prisoner.

WILLIAM SUTHERDON . I am an officer of Paddington. On Saturday morning, the 23rd, about four o'clock, I met the prisoner, leading this colt along Hanover-road - I asked him what was the matter with it - he said he thought it was griped - I examined it, being used to horses - I suspected it was stolen - I advised him to give it something to eat, and I would come and see it again, and to put it somewhere - I went at six o'clock and saw the colt again, and seeing symptoms of its being very much beaten, I detained him at the Red Lion, where the prosecutor came and identified it.

Cross-examined. Q. You seem to call it a colt? A. I have been used to horses all my life - we always term them colts, though it is a two years and a half old gelding - a horse-dealer would call it a colt.

JURY. Q. Would not you also call it a gelding? A. Not unless I was asked if it was a gelding - I should take it out as a gelding it is a clean cut gelding - I met him at four o'clock in the morning, and took him at eleven.

MR. BODKIN. Q. How did you take him at eleven o'clock? A. I took the gelding at six o'clock, and waited till he returned to the Red Lion at eleven o'clock - he came from London - I had not detained the horse till six o'clock- he was absent then, and did not know it - I did not take the horse from him at four o'clock, but suggested that he had better put it in the stable - I was dressed as a policeman when I spoke to him.(The prisoner made no defence; but James Parsons , coach lace maker, 39, Long-acre; and George Parsons , clerk to Mr. Wood, of Long-acre, gave him a good character.)

GUILTY. Aged 44. - Strongly recommended to mercy by the Prosecutor and Jury, on account of his character . - Transported for Life .

Reference Number: t18340904-142

1360. SARAH LAWRENCE was indicted for stealing, on the 20th of July , 1 shirt, value 3s.; 4 towels, value 2s.; 2 handkerchiefs, value 4s.; 1 waistcoat, value 3s.; 1 pillow-case, value 6d.; 1 pair of stockings, value 6d.; 7 sovereigns, and 3 shillings; the goods and monies of

Michael Garry , in the dwelling-house of James Bradshaw .

The prosecutrix stated her husband's name to be Geary, and the Jury being of opinion that Garry was a different name, the prisoner was ACQUITTED .

Reference Number: t18340904-143

Before Mr. Baron Alderson.

1361. RICHARD DAVIDSON was charged on the Coroner's Inquisition with the wilful murder of William Clubb .

MESSRS. PHILLIPS and GURNEY conducted the Prosecution.

HENRY HORN . I am a coppersmith - on the 5th of July I saw William Clubb and the prisoner together, at the White Raven , about eight o'clock in the evening - there was a meeting of a club held there to which the prisoner belonged, but the deceased did not - the prisoner was engaged making out the account of the club - Clubb began to talk rather loud, and to annoy the prisoner - the prisoner told him to desist, but he would, not - they got angry with each other - there was a great deal of quarrelling between them - I saw them get up from their seats, and they were threatening one another - I made the best of my way towards the door, but before that, the prisoner took up a cast iron spittoon, and threw it at the deceased - I did not see any blows struck in the room - I was at the side of them at the time - Clubb was about going out of the room, and said, "Come out, like a man, and fight" - the prisoner then throw the spitton, and the deceased received the blow on his left wrist - it cut his wrist - I did not see what passed outside the house, till after the deceased was stabbed; about a quarter of an hour after they had left the room, the prisoner came into the kitchen of the public-house, and asked for a drink of water, which he had - he sat down in a chair and asked if the deceased was gone - he was informed he was not - he said, "Look at my eyes, and see if they are black" - I said, "No; only red" - he said, "I have given him a blow here," (touching his stomach,) "a rum one," or "a good one," (I do not recollect which,) "and if he don't feel it to day, he will feel it to-morrow" - he sat in the room, and began to make out some accounts - he got out of the window, as the policemen were after him - the deceased at that time was in the London Hospital - when the police came, the prisoner got out of the window.

WILLIAM WEDLEY . I am a coppersmith. I was in the White Raven on Saturday, the 5th of July - the deceased, I believe, did something which vexed Davidson, and in the course of the evening they got angry together - I do not remember their going out of the room - I went into the back yard, and left them - Clubb came into the yard afterwards, and called me - he unbuttoned his trowsers, and showed me some blood on the lower part of his shirt - I believe he did not know at that time that he had been stabbed - there was a great deal of blood on that part of his shirt which a wound in the stomach would make - I saw the policeman come into the yard - the prisoner jumped out of the window - the policeman followed and seized him.

Cross-examined by MR. BODKIN. Q. I believe Clubb was a much stronger man than the prisoner? A. He was rather stronger.

ROBERT FLACK . On the evening of the 5th of July, I was at the White Raven. I am servant there - I found Clubb and the prisoner quarrelling - I was in the skittle-ground - I saw Clubb come out of the room first, and in a few minutes the prisoner followed him, and stood in the passage - the prisoner was not trying to push out - he was prevented by one of his fellow-workmen - he got out in five minutes, or better, and when he got out, I saw a few blows exchanged - I did not see who struck first - I saw both the prisoner and the deceased strike - I saw the prisoner on the ground three times - I saw Clubb struck once on the stomach, and once on the head - as the prisoner was going to strike him on the stomach, I saw him deliberately put his hand into his pocket, draw it out again, and then strike him in the stomach - they were both in a very great passion - the prisoner had been down twice before this took place - he was not exactly knocked down - he laid down more out of cowardice than any thing.

Cross-examined. Q. When he was in the passage, was not Clubb calling on him to come out to fight, and taunting and challenging him? A. Yes, he was - Clubb took him by the collar, and pulled him out to fight - Clubb was the best fighter, and the strongest man - the prisoner would have had no chance with him - when he fell, it was because he found he was opposed to a stronger man - the last time he was on the ground, Clubb tried to strike him while he was down, and was prevented - the prisoner had laid down- the blow was struck on the stomach before the prisoner laid down - the deceased did not seem as if any thing ailed him after he received the blow.

COURT. Q. When the prisoner would not get up, what did Clubb do? A. He stood swearing, and taking very great oaths what he would do if he got up - the prisoner did not wish to get up - he was afraid of him - I think he had had enough of it.

EDWARD HUTCHINSON . I was in the public-house, at the bar, taking a glass of something - I saw Clubb come out of the parlour - he rushed past me into the street, as if he was in a great passion - soon after I saw the prisoner come out of the room - he passed me quickly as I stood at the bar - as he passed me, there appeared to me in his right hand something like the end of a handle - I could not see of what - his hand was closed, as if he had something in it, but I cannot describe it - he appeared very angry also - I saw a scuffle between them opposite the door, but I never went out - the prisoner was down twice in my sight.

Cross-examined. Q. Did you see him before the confusion began in the room? A. No; I saw nothing in the parlour.

CORNELIUS BLAND . I am a pupil at the London Hospital. William Clubb was brought there on the 5th of July, with a wound on the lower part of the chest, rather inclining to the right side, just about the right groin - I should imagine it was inflicted by some sharp instrument - a penknife, I should think, would do it - he lived from the Saturday night till the Thursday following - I am of opinion, his death was caused by inflammation produced by the wound - I examined the body after death - the wound had penetrated into the cavity of the chest, which would be about an inch - he was a very muscular strong man - I have not a doubt that the wound produced the inflammation,

which caused his death - it was bleeding at the time he was brought in - it was a sort of wound a person might receive without being conscious of it - it would not produce a prostration of strength for some minutes - that would arise from the loss of blood.

Cross-examined. Q. How deep was the wound? A. About an inch - it was a traverse wound - not circular - the wound was not necessarily mortal, if inflammation had not intervened - the aperture was not at all convex that I observed.

Q. Could such a wound as that be inflicted by a steel pen? A. I think not; I have not a very clear opinion of that, but I do not think it would produce such a wound.

DINAH FORWARD . I undressed the man, and saw no hole in his clothes, - his waistcoat was open - there was a small hole through the shirt, but the waistcoat was open all but two buttons.

THOMAS SMITHERS . I am a policeman. I apprehended the prisoner about fifty yards from the White Raven public-house - I took him to the station-house, and while searching him, I said, "Have you a knife about you?" and in a very agitated manner he put his hand into his pocket and pulled out a penknife - he had no steel pen - I asked him, "For what purpose did you use this knife?" and in a very agitated manner he took it in his hand, and said, "I use it to cut my nails."

MR. BLAND. I think this knife might produce a wound of that description.

THOMAS EDGAR . I was examined before the coroner.

Cross-examined. Q. You were present when the fight began outside the house? A. I was standing at my own door, which is close to the White Raven - I heard a noise inside the house, and at length I saw the deceased come out - I did not know him by name - I saw the prisoner come to the door - the deceased challenged him to come out to fight- he went up to him, and laid hold of him by the collar, and took him into the street - Clubb struck him, and he immediately laid down on the ground - Becket came out of the house, and told Clubb he was too strong a man for the prisoner, and there should be no more quarrelling there - they went inside the house, and I saw no more of it - I did not see the end of it - I saw the prisoner twice down on the ground - I was present during that part of the fight which passed outside - I did not observe the prisoner put his hand into his pocket.

( Charles Young , Nelson-street; Joseph Dawson , brazier, Drummond-street, Euston-square; Archibald Ker , Storer-street, Commercial-road, tea-dealer; Thomas Stevens , brazier, Paradise-street, Marylebone; William Gardener , Newington; and Peter Hawley , smith, 34, Whitechapel, gave the prisoner a good character.)

GUILTY of Manslaughter . Aged 32. - Confined Four Months .

Reference Number: t18340904-144

Before Mr. Justice Williams.

1362. ROBERT CUMMINS was indicted for that he, on the 7th of August , in and upon John Grove , feloniously, wilfully, and maliciously, did make an assault, and did cut and wound him, in and upon the fore-finger of his left hand, with intent to resist the lawful apprehension of Catherine McCaffrey , for an offence for which she was liable to be apprehended .

Eight other Counts, varying the manner of stating the assault and the intention.

MR. ADOLPHUS conducted the Prosecution.

JOHN GROVE (police-constable B 125). On the night of the 6th of August, I was on duty in Queen-street, Pimlico , and I heard a noise at the Compasses public-house - I walked over to see what was the matter - I saw the prisoner, three other males, and a female, named Catherine McCaffrey - they were standing together - they did not appear to be doing any thing - the female was very drunk - I asked them why they did not go home, and not stay there making a noise - they swore and made use of bad language, and said they should go when they thought proper - that was said indiscriminately, not by any particular one - Garnham, another policeman, came up, and he also tried to persuade them to go home - we walked away, and returned again in a few minutes, and found them still there - I said I could not suffer them to be there at that time of night; as the house was shut up, they could get nothing to drink, and unless they went home I must take them to the watch-house - I tried the door, and it was fast - at that moment Sergeant Bolton came up, and desired me to take the female into custody, as she was so very drunk and noisy - I took her into custody, with Garnham's assistance - as soon as I took hold of her the prisoner seized her, and swore she should not go, she should go with him, and not go to the watch-house - I said I must take him as well, unless he let go of her - he held her a minute or two, and then let go of her - we got her as far as the Orange, about thirty yards from the Compasses - when we got there, she laid down kicking, and swore most violently, and said she would go no further - Bolton asked me for my rattle, and sprang it - another police-constable, name Wells, came up, and with his assistance we got her as far as the end of Ebury-square, the other three men still following us - that was about thirty yards further - at the corner of Ebury-square, Drake, another policeman, came up - Sergeant Bolton directed Drake and me to return back and take the prisoner into custody, for attempting to rescue the girl, and the other two went on to the watch-house with her - I turned round, and took hold of him by the collar - he said, "What are you doing to do with me?" - I said, "Take you to the watch-house" - he said, "I shall not go" - I said, "You must go, and you will go" - "Then," said he, "you b - , I will knife you, I will rip your b - y guts out" - I saw him put his two hands into his waistcoat pockets, pull a knife out of one of them, and open it - I then drew my truncheon - he stabbed at me with the knife, and cut the top of my finger - I cut at him with my truncheon at the time - he made ten or twelve stabs at me with the knife, but I kept him off with my truncheon - as I saw him attempting to stab at me, I kept him off with the truncheon - the only cut I got was on the fore finger of my left hand - it is nearly healed now, but not quite - I called out then that he had got a knife, and was trying to stab me - Sergeant Bolton came back, and as he returned, the prisoner put the knife out of his right hand into his left, and shut it up, and was putting it into his pocket, but Drake took it from him, and with

violent resistance we got him to the watch-house - he kicked me and knocked me about, and every body who came in his way - at the watch-house he said he did not care a damn about it, for all we could give him for it was three months - the two men had taken the girl - I appeared against her next day at the police-office, and she was convicted as a vagrant - I have a certificate of that conviction.

Cross-examined by MR. STAMMERS. Q. How many persons were with you when you first went to the Compasses? A. I went alone - I told them all to go home at first - I told the woman I was going to take her to the watch-house for being drunk - I do not remember any policeman being there, but Garnham, Wells, Drake, Bolton, and myself - only Drake was near me at the time the prisoner made use of the expressions I have mentioned - I dare say he might have heard - all the tustling was directed towards me - Drake had got hold of the prisoner - I dare say he must have heard the expression.

Q. Was not the prisoner engaged in cutting a cigar at the time you came up? A. Certainly not - he had not a knife in his hand when I came up - I saw both his hands at the time - he seized me by the collar with both hands - as he struck at me, I cut him over the wrist with my truncheon - I did not notice any mark of stabs on my truncheon.

Q. Did you say to the prisoner, "I will get you on the gallows, or place you in a dungeon all the days of your life for this job?" A. Never - I never used such language as that, nor any thing like it, that I am aware of - I said nothing about getting him into a dungeon during the affray or afterwards - I never used any such expression on any occasion - the cut is rather inside my finger - it was not done in my attempting to get the knife out of his hand - I never attempted to get the knife out of his hand - I saw him brandishing it about.

COURT. Q. Which hand was cut? A. My left hand - my truncheon was in my right hand - the hand I had hold of him with was cut.

MR. STAMMERS. Q. How did you hold the prisoner? A. By the right lappel of his coat - the front of my finger was not inside his coat - I do not know whether his coat would cover it - I know it was cut in the affray - it was not cut outside - I cannot say how it was cut - in the first instance he had hold of me, but did not hold me above a second - he merely laid hold of me to try to shove me from him - he had not hold of me while I held his coat.

MR. ADOLPHUS. Q. Was your finger whole and sound when you put it to his breast to take hold of him, and was it wounded directly afterwards? A. It was - I showed my finger to the policeman - it was bleeding - the blood was running down all the way to the watch-house - McCaffrey is a common prostitute - I knew her to be so before, and knew them all to be bad characters.

COURT. Q. On the first occasion when the prisoner got hold of the woman, when you seized her, did he seize you at all? A. No; he did not touch me - he let loose of the woman till I got her about thirty yards - they were close behind us as far as the Orange Theatre - that was the first thirty yards - he had not touched me between the time of my seizing her and getting there - Bolton came up at the Compasses before that - he told me to take the prisoner at the end of the second thirty yards - the prisoner kept eight or nine yards behind us during the second thirty yards - when I had her at the end of the second thirty yards she was kicking, swearing, and fighting - the prisoner was eight or ten yards from me when Bolton told me to take him - I do not think that he had been nearer than that after we first started; he was walking between his companions, at the time Bolton told me to take him - I do not recollect that he was saying any thing at the time.

Q. How long might it be from your first taking the woman to your getting her the sixty yards? A. I should think twenty or twenty-five minutes - I heard them all talking as we came along the road - I cannot say what about - I had not seen them nearer than eight or ten yards during the second thirty yards - I should think we were not more than five minutes going the last thirty yards, during that time I cannot tell any thing the prisoner said.

THOMAS DRAKE (police-constable B 119). I was present on the night of the 6th of August - when I first came up I was directed by the sergeant to assist Grove in taking the prisoner into custody - he did not tell me what for - he was with the woman - Grove took hold of the prisoner, and said he must go with him to the watch-house - he said he should not - Grove said he must and should - he went a few steps - I then saw him take a knife out of his pocket - Grove said, "He is taking out a knife" - I saw him feeling in his waistcoat pocket - I heard the prisoner use some words, but I cannot tell what they were - I saw him feel towards his waistcoat pocket - Groves said, "He is getting his knife out" - I saw him thrust several times towards Grove's right hand - Grove said, "He is trying to stab me" - I then heard Grove say he was cut, and saw him strike the prisoner on the right hand, which the knife was in - he then passed the knife from the right hand to the left - I caught hold of his left hand, and tried to get the knife from him, but he held it so tight I could not - he then thrust his hand with mine into his trowsers pocket - he got both my hand and his own into his trowsers pocket - he then let go of the knife - it was shut at that time - I did not see that Grove was hurt till we got to the watch-house - I saw his finger bleeding very much, and saw it was severely cut - I saw the prisoner's waistcoat with some blood on it, and some on his hand - he then went to the water, and his hand was washed, and there was no wound on his hand - when he was taken into custody he said it was his own hand that was cut and not Grove's - I found it was not so.

Cross-examined. Q. Were you not at the Compasses when Grove first went there? A. No - I did not hear the prisoner recommend the girl to go quietly - I came up at the corner of Ebury-square - the girl was going with two constables to the station-house - I did not put my hand to the prisoner's collar directly I came up to him - I did about a minute after - I was about two yards from him when he said something.

Q. Suppose he said, "I will knife you, or rip you up," do you not think you would have heard him? A. Not distinctly I should not - I am not deaf - I generally hear pretty well - I was about two yards distant.

MR. ADOLPHUS. Q. You said you heard him say something, you cannot state what? A. I cannot distinctly state the words - I heard him say something.

COURT. Q. Did you see the left hand of Grove used at all? A. Grove had hold of him with the left hand - he held his staff in his right hand, and struck the prisoner with the truncheon in his right hand - I cannot say that he never left loose of the prisoner with his left hand - I saw the prisoner thrust with his right hand towards Grove's hand - Grove had not his truncheon out when the prisoner first thrust at him.

THOMAS BOLTON (police-serjeant B 10.) On the night of the 6th of August, at twelve o'clock, I was going along Queen-street - I heard a noise of loud talking - when I got to the end of the Compasses, I saw Grove and Garnham, a policeman, endeavouring to persuade the prisoner and three other men, and a girl, to go away - I asked them why they suffered them to make such a noise - they said they were endeavouring to get them away - the prisoner and the others heard this; they were close by - I myself persuaded them to go away - they refused to do so till they had had something to drink - we told them the house was closed and the people gone to bed, and it was no use to wait there; we could not suffer a noise in the street - the girl was quite tipsy - I directed the constable to take her into custody - the constable went to take her - the other men and the prisoner went and took hold of her - I went to them myself, and told them they had better leave go - four of them had hold of her, but the prisoner most distinctly had hold of her, and one of the others - I said they had better leave go, and the girl said, "Well, I will walk" - she walked about forty yards, the men following close behind us - she then threw herself down, and would not go any further - the two constables had hold of her at the time - the prisoner and the other three came round me, and said,"Do you mean to let her go?" - I said, "Certainly not, till she has been to the watch-house" - this was when she was kicking - they repeatedly said, "Do you mean to let her go?" - I took Grove's rattle out of his pocket, and sprang it, and a constable, named Wells, came up - the prisoner then shook his fist in my face, and said, "You b - , I will be down upon you; I will serve you out" - he was close to me at the time - Wells assisted Garnham and Grove to take the girl on to the watch-house - I followed immediately behind them, and the prisoner and his companions were about five or six yards behind me - I repeatedly told them to keep their distance, and go away, or I should certainly take them into custody - when I came to the corner of Ebury-square, I saw policeman Drake, and directed him to go with Grove, and take the man who had threatened me, into custody, who was immediately behind me - it was very dark there, and I expected every moment they would trounce upon us - Garnham and Wells went on with the girl, and I followed immediately afterwards - Grove and Drake turned round and took the prisoner from the other men immediately behind me - I thought they were coming quietly along - I immediately heard Grove cry out, "He is trying to stab me; he has got a knife" - he cried out that repeatedly, upon which I returned - I saw the prisoner with something in his hand, but could not discern what - I immediately went behind him, and hit his elbows with my truncheon, thinking to make him drop the knife, which Grove said he had got - Drake immediately called out, "I have got the knife" - I said, "Then bring him along to the watch-house" - and with great difficulty we got him there - I saw Grove's finger - there was blood on his hand - it appeared bleeding - the prisoner had blood on his hand - I asked how it came there - he said it was from a cut in his own hand - he washed his hand at the watch-house, and there was no cut on it.

COURT. Q. Did not you hear him say Grove had done it himself, by seizing hold of the knife? A. I heard him say so at Queen-square, but not in the watch-house.

Cross-examined. Q. Tell me on what charge you ordered your men to apprehend the prisoner? A. For being disorderly in the street, and endeavouring to rescue the girl McCaffrey in the first instance - she was apprehended for being tipsy and disorderly - the prisoner and the other men said they would not let her go - the prisoner put his hands on the woman, I suppose a minute, after they took her - he was not persuading her to go quietly at that time- when she said, "I will walk," he said, "That is right, walk quietly" - she then went on about forty yards, then threw herself down, and would not go further - the prisoner and three other men surrounded me, and said if we did not let her go, how he would serve me - he was within a yard of us then - it was immediately under a lamp - it was a dark night, but it was not so dark but that I could discern what passed - I was not in confusion at the time - I was as composed as I am now - I will swear it was not one of the other men - that is the man - I did not tell my men what charge to take the prisoner on - I only told them to take him because he had threatened me, and I expected he would trounce upon me.

COURT. Q. Had they used any expressions as they went along? A. They had used different expressions - I cannot exactly say what - I did not overhear what the men said - they were talking of something as I took her along- I repeatedly requested them to keep off, and go away - they kept at the same distance, until they got to the square - they were near enough to pounce upon me in a moment- I did not tell Groves that the prisoner had threatened me at the time - I only told him to take him.

GEORGE PEARCE . I am a surgeon, and live in Marsham-street, Westminster. On the morning of the 7th of August, Grove came to me - he had a wound in the fore-finger of his left hand, in the inner part - (I think such a knife as this would make such a wound) - it has been under my care ever since - I should consider it was well now, but he has been very ill since that, independent of the wound, and not connected with that.

Cross-examined. Q. This is a common cut, has it gone deeper than the skin? A. Certainly, it was about a quarter of an inch deeper - I should think it had no effect on his general constitution - it is not a grievous wound - he has had an attack of fever totally unconnected with that cut - such a cut would not take many days to heal with proper management - if I had seen it at first, I should have dressed it as it had been dressed at St. George's Hospital - it was not necessary to have many bandages - one would be enough - the man is not out of danger, but he is not in danger from the cut.

MR. ADOLPHUS. Q. I suppose the cut was such an one as a schoolboy might give his finger with his penknife? A. I have seen many such cuts given and no harm come

of them - I have seen many cuts produce very serious consequences - I have seen cuts like that produce a lockedjaw; and less cuts than that, a very slight puncture.

COURT. Q. Supposing a person had laid hold of a knife of that sort when open, with a view to wrest it from the hand of another, and slipped his hand along the blade, might that have done it? A. I should think not, as in that case more fingers than one would be wounded.

Q. Suppose in the hurry of a man attempting to seize an open knife from the hand of another, and the edge of the knife got in contact with the fore-finger, and, feeling himself cut, he withdrew it, might not that have done it? A. I should think it might - I never anticipated any danger from that cut - such cuts are very frequent.

Prisoner's Defence. I was coming from Royal Hospital-row, and going towards Westminster, about twenty minutes before twelve o'clock - I left there with three more men, but no woman - McCaffrey came up and said, "Will you go and have some gin?" - I said, "We are going to the Compasses, and can have some" - I went to the door of the Compasses and knocked - the landlord came out and served me with three quarterns of gin, and shut the door - while I had the gin, Grove came up and said, "Be off, or else I will take you to the watch-house." I said, "I must not go till I have returned the measure and glass, or I shall be taken for felony" - I knocked at the door, and the landlord came out and received the measure - Grove returned in a few minutes, and pushed the girl into the road - she said something to him - the serjeant of the police came up and said, "Take her to the watch-house, drag her away" - I said, "The girl has done nothing; if you will let her go, she is drunk, I will see her home" - he said, "I will not" - I saw her kick one of the men - I said, "Go quietly" - she got up and walked away - I was going that way, and went on - they turned up a street to go towards the watch-house- I went on about twenty yards, and three policemen came running after us - the policeman turned round before us, and said, "That is the man" - I had part of a cigar which a man gave me, in my hand, cutting it up with a knife, instead of tobacco - they turned short round - No. 119 was the first man that had hold of my collar - he was on this side, and Grove in front - the serjeant said, "This is the man" - Grove seized me by the collar, and said, "He has got a knife!" and, as it was in my hand, he seized the knife, and I seized his hand with my left hand, and wrenched three of his fingers from the knife, and with his pulling the knife he cut himself - if I was going to die to-morrow, I would say the same on the scaffold.

JAMES BEER . I am a cabman, and live in Castle-lane - I was present at the beginning of this disturbance - I saw the woman McCaffrey - she might be the worse for a glass or two of liquor - we were having some gin at the Compasses - we knocked at the door, the landlord said we could not come in, but should have the gin outside, and we had three half quarterns of gin outside - the policeman came up afterwards, and said, "Go away" - we said, "We are having some gin, stop till we get the measure in," and we gave the measure - they took the female to go to the watch-house - she made a little resistance - they said they would drag her - we asked them not to drag her, and she would go quietly - another man gave the prisoner a cigar to put in his pipe, as he had no tobacco - we turned round a street - the prisoner was cutting up a cigar with a knife as we went along - I saw the policeman lay hold of him - I was on one side of him - they came up and said, "This is the man we want" - they did not endeavour to get any thing from him in my presence - I did not hear him use any bad expressions to the policeman - I went home.

MR. ADOLPHUS. Q. Do you drive a cab now? A. No - I have not been in regular service for three or four weeks - I drove No. 343 - I was in service then - I have been out of service about five weeks, I dare say - I was with Mr. Hutchinson - this was a little after twelve o'clock - I was holiday making, and was in company with the prisoner the best part of the night, and with the girl McCaffrey - I got a few glasses of gin with her and the prisoner - we went to this public-house to get something to drink - I saw the girl taken into custody - I advised her to go home - she made a little resistance going along.

Q. Did any of you take hold of her and endeavour to get her away from the officer? A. No, she threw herself down on the ground, and they carried her - I was standing alongside.

Q. What made you go along with the officers? A. It was in my way home - I do not know where the prisoner lived - I was quite close to the officers while they were taking the girl along, so as to see any thing that was done, and hear all that was said - George Stirrup gave the prisoner the cigar - he is a coachman - the prisoner asked the policeman to let the girl go - we said nothing about serving them out - I heard no offensive expressions - I think it was after the girl threw herself on the ground that the cigar was given, and the knife taken out to cut it - he took the knife out of his pocket, I believe - I did not notice where he took it from - I did not know there was any charge till next morning - I went away, as I thought they would take us all.

GEORGE STIRRUP . I am a smith, and live at No. 27, Castle-lane, Westminster - I was in the prisoner's company on the night the disturbance took place - we went to the Compasses, and had six pennyworth of gin, which the prisoner paid for - I saw a knife in his hand - he was cutting up a bit of cigar that I gave him - he asked me for a bit of tobacco - I had none, and gave him a bit of a cigar to cut up - the policemen were about twenty yards from him at the time he had the knife in his hand cutting the cigar - when the policeman came up to him, he had the knife open in his hand cutting the cigar.

MR. ADOLPHUS. Q. Where was it you gave him the cigar? A. Just after we left the Compasses, not before the disturbance - the girl was going home - the policeman caught hold of her, and was going to take her to the watch-house - the prisoner and I persuaded them to let her go home quietly, and she kicked up no more disturbance - they took her to the watch-house; and directly we got a few yards, we were walking arm in arm, the policeman came and took the prisoner out of our arms - he was in between us - I did not go to the watch-house - they had a bit of a scuffle, I believe - directly I saw him going to the watch-house, I walked home - three or four policemen were going to take him - I could not see what took place - I think four policemen were at him - I think there were six policemen in all - I cannot swear that; there were two taking away the girl,

and three or four taking the prisoner - the girl was not sober nor quite drunk - she was a little the worse for liquor - I had been with her I suppose half an hour - I was in company with Beer and her that evening - I had been with Beer all the evening at Fulham - we met the prisoner as we came from Fulham - we met the girl in Jews-road, Chelsea, and came together to the Compasses - I had nothing to drink with her before I got to the Compasses.

Q. There was nothing like an attempt to get the girl from the policeman's hands? A. No; we persuaded the policeman to let her go - we did not lay hold of her - we persuaded her to walk quietly - we were standing close by her when she threw herself on the ground and kicked - we were together standing close by the side of the policeman - I gave the prisoner the piece of cigar directly we left the Compasses - before the girl was in custody, he took out his knife and began cutting it - I did not see any attempt of the policeman to strike him with his truncheon.

COURT. Q. How long had the Compasses been shut up when the policeman came? A. The door was shut, and the landlord gave us the liquor outside.

NOT GUILTY .

Reference Number: t18340904-145

First London Jury, before Mr. Sergeant Arabin.

1363. GEORGE CHATTERTON was indicted, for feloniously uttering a forged request for the delivery of goods, with intent to defraud Frederick Sandon , he well knowing the same to be forged , against the Statute, &c.

FREDERICK SANDON. I am a chymist and druggist , and live at No. 92, Newgate-street . I know Thomas Butler - he is not a customer of mine - I knew nothing of him at the time in question - on the 6th of August, the prisoner came to my house about four o'clock in the afternoon - I did not know him before - he presented a note purporting to be written by Mr. Butler - he said nothing more, but merely presented the note to my young man, as he tells me - I came into the shop immediately afterwards - my young man is not here - I came down myself into the shop, in consequence of reading the note which was sent up to me - I was up stairs when it was brought - I went down and saw the prisoner - I asked him if the note was from Mr. Butler, and if the syringe was for Mr. Butler - he said it was; and the reason why Mr. Butler sent to me was, because he had a country order, and wanted to send the syringe off immediately by coach - I gave him the syringe myself; the value to me is 15s. - he went away with it - I afterwards suspected the note was not Mr. Butler's handwriting, and sent my young man to Mr. Butler to make inquiry.

Prisoner. Q. Were you present to witness the presentation of the note? A. I was up stairs - I swear it is the note my young man gave me - I stated at Guildhall, at the first examination, that I had torn up the note, but found afterwards I had only torn up the blank side of it - I still preserved all the writing - the magistrate said I could be examined again if I found the note - I found it (order read).

"No. 4, Cheapside, 6th of August - Mr. Butler will feel greatly obliged to Mr. Sandon to accommodate him with one of Reed's syringes, or one of any good maker, and please to state to the bearer the price of it."

THOMAS BUTLER. I am a chymist and druggist - I did not deal with the prosecutor - the prisoner is a perfect stranger - I live at No. 4, Cheapside - this order is not in my handwriting, nor of any person authorized by me - I know nothing of it.

(The prisoner, in his defence, made a long address to the Court, but did not at all allude to the charge against him.)

GUILTY . Aged 26. - Transported for Seven Years .

There were other indictments against the prisoner.

Reference Number: t18340904-146

1364. ELIJAH JOEL was indicted for stealing, on the 2nd of September , 1 handkerchief, value 2s.; the goods of Joseph Robinson , from his person .

JOSEPH ROBINSON. I am a wine merchant . On the 2nd of September I was in Gracechurch-street about half-past eight o'clock at night - I was walking with a friend - I perceived the prisoner close behind me, and on turning round, thought he was at my friend's pocket - I desired him to look - he said his handkerchief was safe, but I found mine was gone - we followed the prisoner to Leadenhall-market, and there he began to run - we followed, and I saw my friend take my handkerchief from his pocket.(Property produced and sworn to.)

HENRY WILLIAM WARD . I was walking with my friend - he asked if I had lost a handkerchief - I said, "No; look at your own pocket" - he did so, and found his handkerchief gone - the prisoner began to run - I followed him, and took the handkerchief from him.

Prisoner's Defence. I picked it up, and ran away with it.

MR. ROBINSON. It was a wet evening. It must have been dirty if it had been on the ground.

GUILTY . Aged 16. - Confined Six Months .

Reference Number: t18340904-147

1365. JAMES FITZGERALD was indicted for stealing, on the 3rd of July , 70 feet of wainscot, value 20s.; and 20 feet of wooden moulding, value 5s. ; the goods of James Randall Hobbs .

JAMES RANDALL HOBBS. I am a licensed victualler . I lost this wainscoting from my house, No. 57, Fleet-street - it had been pulled down to be replaced - the house was undergoing repair - I cannot state the time I lost it - the prisoner was employed there from the 25th of June until the 5th of July, inclusive, with several other workmen - he was a bricklayer's labourer - on the 10th of July, after the prisoner was in custody, I found the wainscoting by a search-warrant - I am informed it would cost me 20l. to replace it; but, as old wood, it is not worth more than 10s. - I found it at the house of Jones, in Lumber-court, on the 10th of July - it was broken all to pieces as old firewood.

Cross-examined by MR. CLARKSON. Q. Who did you employ as your bricklayer or carpenter? A. A builder named Stavey, and he employed others under him - I had no connexion with the persons by whom the work was actually done - Stavey is not here - I know nothing of the orders he gave to his workmen - David Prime was also employed - Stavey had contracted with me to do the job - the old materials were to be put up again, and belong to me - the

contract was quite independent of the old wood, that is mine.

JAMES BATES . I am an officer - I searched at Mrs. Jones's house, in Lumber-court, and found a quantity of wainscoting cut up in pieces - some of it is in the Court.

MARY JONES . I keep a lodging-house, in Lumber-court. I do not deal in wood - the prisoner brought some baskets of wood to me - my neighbours and I bought nearly 7s. worth of him - another man was with him - it was broken up in baskets - the largest piece is in Court - I bought it of the prisoner - I saw two or three of them about - I bought it of him at several times for about a fortnight.

SARAH LEWIS . I live in Silver-street. I stood at the door when the prisoner came to Jones's house, and asked her to buy some wood, but I did not see the wood.

PATRICK THOMPSON . I am an officer. I took the wood out of Mrs. Jones's cellar - I produce it.

JAMES RANDALL HOBBS re-examined. I have compared it with other wood on my premises - I am enabled to say, from the pattern of the moulding and the colour of the wood, that it is my property.

MR. CLARKSON to MRS. JONES. Q. Have you been in the habit of buying wood of him while these premises were pulling down? A. Yes - my house is about three doors from Mr. Hobbs' building - the sale was made openly, and other neighbours bought it as well as me - there was no disguise about the prisoner.

GUILTY. Aged 30. - Recommended to mercy by the Prosecutor . - Confined One Month .

Reference Number: t18340904-148

1366. JOSEPH HUTCHINSON CHAPMAN was indicted for stealing, on the 27th of June , at St. Martin, Ludgate , 1 ring, value 3s.; 2 boxes, value 2d.; 1 seven-shilling piece; 20 sovereigns; and 2 half-sovereigns; the goods and monies of Benjamin Chapman , in his dwelling-house .

BENJAMIN CHAPMAN. My dwelling-house is in the parish of St. Martin, Ludgate. On the 27th of June, I went as far as Bull and Mouth-street, at a little after two o'clock, leaving my wife at home - I returned within half an hour - my wife was down stairs - I found the prisoner in my room - I have but one room, and that is on the ground floor - he is my grandson - he seldom visited me - I asked him where his grandmother was - he said she was down stairs - he went away in two or three minutes, saying he was going out with a cab, and should be back in an hour- he did not live in the house - as soon as he went out, I ran to my drawers, and missed a ring, two boxes, twenty sovereigns, and two half-sovereigns - I had seen them all safe an hour before, when I looked over the money, as I was going to pay my rent with it - I know I locked the drawer - there was nobody but my wife in the house, and nobody but the prisoner came in while I was away.

ANN TERRY . I lodge in the front parlour of Mr. Chapman's house - I did not see him go out - I saw the prisoner go through the passage to Chapman's room - I cannot tell whether any body else came in.

ANN MATTHEWS . I live in Currier's-row. The prisoner came to Sussex Rodney, where I was visiting my father - I did not know him before - he came with my husband's nephew - they stopped about an hour, and dined, and then went away.

HENRY GEORGE BOONINCK . I went to school with the prisoner four years ago - he and I went to Brighton together - we went eight miles beyond Brighton - we did not live very well - we set off on Friday evening, the 27th of June - I saw him with about ten sovereigns - he paid the bills - when we got to Brighton he said he had been to the old man's and got the money there - I understood him to mean his grandfather - he said he was very sorry he had robbed his grandfather, and he hoped it would be the means of his uncle and his mother sending him to sea, for they had let him be about very miserable lately, and not given him money to get any victuals.

GUILTY. Aged 17. - Recommended to mercy by the Prosecutor . - Transported for Life .

Reference Number: t18340904-149

1367. SAMUEL HALL was indicted for stealing, on the 26th of August , 1 canvass bag, value 2d.; 1 purse, value 2d.; 1 hat-cover, value 6d.; 2 sovereigns; and 185 pieces of foreign coin, called 5-francs, 38l.; the goods and monies of Benjamin Dodsworth , his master .

BENJAMIN DODSWORTH. I am a lace machine maker , and live at St. Pierre le Calais, in France . The prisoner was in my service to make bobbins , and worked in the shop with me - on the 22nd of August I missed a canvass bag, a purse, and this money, from my box in my bed-room, which was locked - I unlocked it with a key - it must have been opened with a false key - he had been seven months in my service, and absconded.

Cross-examined by MR. CLARKSON. Q. Did you not lose five-franc pieces? A. Yes; that is the proper name of the coin - the prisoner was apprehended on the 26th of August in London, at the Blossoms Inn, and brought to me - I missed to the value of 40l. in French coin, and two sovereigns in English coin - there might be franc pieces and half-francs - they were kept in my trunk in France - I did not go before the authorities there about it - I came to town to overtake the prisoner - I employed Parish, the policeman.

Q. Did you say to the prisoner, "If you will confess the robbery and restore the money, no more shall be done to you?" A. No - I said, "Sam, what do you mean by robbing me?" - he said, "I don't know" - I did not offer him pardon or forgiveness, or any thing to that effect - he delivered a bag of forty-one sovereigns to the officer - the officer did not tell him he would forgive him if he would restore the money, in my presence - he was unwilling to give it up - he gave it up for fear of being punished, I suppose - I said nothing to him about being punished - I left it all to the officer - he said, "I must search you" - he seemed unwilling to be searched, and moved about and pulled out the silk purse - the canvass bag was found about his watch fob - after some altercation he produced it - I have got back 41 sovereigns and 15s. from him - I lost 40l. - after the money was produced, I said he might go back with me and work with me again, and save his character - he had restored the money to the officer then - I did not say if he wished to remain in London a few days I would

remain with him - I said I would not mind giving him 2l. 10s. if he wanted to go any where.

Q. Did you not tell the policeman you did not wish to proceed further against him? A. Not to my knowledge - I might have said such a thing at the moment - I am not willing to receive him into my service now.

PHILIP PARISH . I am a policeman. On the 26th of August, in consequence of information, I went to the Blossoms Inn, and found a name booked for Nottingham, but the person's box had been sent to Maidstone by mistake - I waited till the box was returned, and waited to see if the prisoner came for the box - he did not, and next day at one o'clock I went there, and saw him with another person near the window - from the description I had received, I believed him to be the man - I saw him go into the office, and ask if his box had come - he was told "Yes" - I then asked if he was going to Nottingham - I took him to a house where the prosecutor was, and told him I apprehended him for robbing him - he said, "What I have done, I have done in France - I am not in France now, and am not amenable" - I said, "You will find the difference" - I took him to another house, and told him I must search him - he said he would not be searched - I took him into a corner, and he let me search him - I took a purse from his left hand pocket, which the prosecutor identified - I afterwards went to his other pocket, but I could not get my hand to the bottom - I found a garter strap had been put round it to confine it - I took out 41 sovereigns - I afterwards went with him to get his box, and in that I found a hat-cover, which the prosecutor claimed - I said to the prisoner,"How is this? these are sovereigns" - he said, "O yes, I changed the silver for sovereigns" - he desired the prosecutor to forgive him, and said he had behaved very kind to him, and he had done very wrong.

Cross-examined. Q. Was that all that passed? A. As far as I recollect - the prosecutor did not say if he would confess the robbery, and restore the money, he would forgive him, nor any thing of the kind - he did not tell him in my presence that as he had restored the money, he should return to France and continue in his situation - he said to me at the door, "I would not mind giving the poor fellow a sovereign to start him on the road, though he has used me so" - he did not say if he chose to go to Nottingham, he would give him 2l. 10s. to pay his expenses, in my hearing: but he had an opportunity of saying it in my absence, as I went to Guildhall to ask if it could be entered into in this country - the prosecutor never asked me for the money - he said before the magistrate, that he did not wish to prosecute, and he might have said so to me, but I think he did not - I am certain he never asked for the money - I never refused to give it up, because I was not asked - the magistrate would not allow me - I do not recollect his saying he was willing to take him back to his service.

Prisoner. The prosecutor said if I wished to return to France, he would take me again into his employ, and that he would give me 50s. to go home to Nottingham.

MR. DODSWORTH re-examined. I received no character with him - he came to France, and asked me for a job of work - this is my hat-cover and purse.

GUILTY . Aged 22. - Transported for Seven Years .

Reference Number: t18340904-150

1368. ELIZABETH NEWLAN was indicted for stealing, on the 30th of August , 1 lamp pedestal, value 20s.; and 1 printed book, value 20s. ; the goods of Dacre William Threlkeld .

ALEXANDER KENNEDY . I am an officer. I fell in with the prisoner, on the 30th of August, between eleven and twelve o'clock, in Rosemary-lane, with a lamp-stand and a book in her hand - I asked her what she had got - she said it was something sent to her from the country, by her aunt- I took her into custody - she was about three quarters of a mile from the prosecutor's.

DACRE WILLIAM THRELKELD. I live in Wood-street, Cheapside . I missed this property the day the prisoner was stopped with it - it was taken from my second floor - I do not know the prisoner - I did not see her near the house - the latch of our door is always tied back, as we have offices on the first floor.

WILLIAM BIDGOOD PARTRIDGE . Between eleven and twelve o'clock, on the 30th of August, I took off the top of the lamp, to get a glass for it, leaving the stand on a cheffonier, between the parlour, on the second floor; and when I returned with the glass, the stand was gone - that was at three o'clock.

Prisoner's Defence. I am in the habit of buying little things in Petticoat-lane, and gave 19s. 6d. for these - if I had known they were stolen, I would not have received them- I had them open in my hand - I buy wearing apparel.

GUILTY . Aged 28. - Transported for Seven Years .

Reference Number: t18340904-151

1369. JOHN GARDNER was indicted for feloniously breaking and entering the-dwelling house of Edward Marklew , on the 27th of July , at St. Bennet, Gracechurch -and stealing therein 6 spoons, value 30s.; 1 pair of sugar-tongs, value 10s.; 1 sovereign; 1 shilling; and 6 pence, the goods and monies of Mary Brittain .

EDWARD MARKLEW. I kept the White Lion, in Talbot-court, Gracechurch-street , but I have left it - it is in the parish of St. Bennet, and was my dwelling-house - on the evening of the 26th of July, the prisoner came to my house, to ask for a bed - I questioned him about his character, and where he had been - he said he had been assisting at the fire in Friday-street, and could not get a bed - I let him have one, in my garret - he went out about ten o'clock in the morning - he paid for the bed the night before - soon after, we found a box, in the next room, had been broken open, the spoons and money, and sugar-tongs taken away - I directly went to the White Horse, in Friday-street, and found he had been assisting there, at a fire - I took him in Westminster, on the Thursday following, where he had gone to enlist for a soldier - I asked what he had done with the property - he said he broke the spoons up, and sold them at two different shops, and spent the money - I lost, all together, five tea-spoons, a table-spoon, and sugar-tongs - the room door was shut with a latch, I understood.

MARY BRITTAIN. I lived at the house. I shut the room the trunk was in, about half-past six o'clock in the morning, when I got up - I slept in the room - I am sure I shut the door after me - it was all safe when I left the room - I went to the room between ten and eleven o'clock, and discovered the lock wrenched off the box - the trunk and property was all mine.

CHARLES WORLEY . I am a pawnbroker. On the 28th

of July, the prisoner came to my house, and bought a watch- he offered me two or three pieces of silver, which I took in part payment - this is the silver.

JAMES TELFER . I am a pawnbroker. I produce five spoons, which the prisoner sold to me, on Monday, the 28th of July - I asked whose they were - he said they were his own.(Property produced and sworn to.)

Prisoner's Defence. I was turned out of doors, through my mother-in-law, which is the reason of my distress.

GUILTY . Aged 19. - Transported for Fourteen Years .

There was another indictment against the prisoner.

Reference Number: t18340904-152

1370. MARY CARMODY and ANN SIMPSON were indicted for stealing, on the 17th of August , 1 box, value 1d., and 8 half-crowns, the goods and monies of John Smith , from his person .

JOHN SMITH. I am a gold and silver wire drawer . On the 17th of August, between one and two o'clock in the morning, I was in Barbican - I was not quite sober - I had met a friend, which made me out late - I was accosted by the prisoners, who wanted me to go to a house - Carmody asked me to go to a house - I objected - I said I would not go - in the course of a few minutes they closed in upon me, and Simpson took from my right hand pocket a box containing eight half-crowns - I had seen it safe about an hour before - I felt it taken from me with great violence - I know it was there, because I had my hand to it - I seized Simpson by the two shoulders and called the watchman, and gave her into his custody - the watchman came up in about half a minute.

Cross-examined by MR. PHILLIPS. Q. You were a little more or less elevated? A. No; I was not much in liquor - a trifle raised - I was a little tipsy - I had been to the Still in Barbican, and had a pint of ale, part of a pot of porter, and a small glass of gin - that was all I had there - then I had part of a pint of porter at the Portland Arms, in Long-lane - I had one-fourth or one-fifth of a pot of porter - I do not think above four persons went in with me- I suppose there were about four, but I did not know them - (I did not go to another public-house) - they were not companions of mine - two persons went in with me, and there were others that I knew nothing of - I did not know any of them - I went out by myself - I did not wish to have any more to do with them - I paid 4d. for the lot - I paid it all - I did not wish to have any thing to do with the prisoners - I am not married - I met them after I came out- I was rather fresh - I remember using part of a broken pipe which I lost - I dropped it out of my hand - it fell into the street - I had been smoking - I took it out of my mouth, and let it fall - I have no recollection of it being taken out of my hand - I never saw either of the prisoners take it out of my hand - it might have been knocked out of my hand.

Q. Were you not making rather free with the prisoners? A. I have some small recollection of it - I was talking to Carmody - I do not say I was making very free with her.

GEORGE VINT . I am a watchman. About half-past one o'clock, I observed the prisoners and prosecutor larking together, handling one another about in a lascivious mood - I turned my light off, and stood in a door way - I afterwards heard a cry of "Watch" and "Police" - I ran across in an oblique direction, and saw a woman stooping to pick up something in the road - I crossed to where the prosecutor and Simpson were struggling - he gave her in charge - I gave her to another watchman, and crossed to where I had seen the woman picking something up - I found a half-crown in a tin box - she was gone then, but was taken afterwards.

Cross-examined. Q. The half-crown was on the ground? A. Yes.

COURT. Q. Why not interfere? A. It is a common occurrence in that part of the City - if we interfered, they would decoy us away while they robbed houses.

ALEXANDER -. I am a watchman of Cripplegate. I went to the Compter with the prisoners, and in Aldersgate-street, Carmody said, "I know you are a good fellow - if you won't say any thing, I will tell you where I have put the money" - I went with her to Golden-lane - she stopped and took up two half-crowns, out of the kennel, and I picked up one - Simpson said she dinged it, and the other one said she planted it.

Cross-examined. Q. What is dinging? A. I do not exactly know - I suppose she meant taking it away, and planting is stowing it away - I saw the prosecutor that night - he was a little bit tipsy - I dare say he knew what he was doing, he must have known, for he was returning their lascivious motions - I have heard him deny making free with them.(Property produced and sworn to.)

JOHN SMITH re-examined. I had been drinking - I do not think I was taking out of the way liberties with the women - not going too far with it.

(Simpson put in a written defence, stating that although she was with Carmody, she knew nothing of the robbery. William Swallow , last-maker, Church-lane, Whitechapel; John Stringfield , patten-maker, Hill-street, Blackfriars'-road; and Samuel Upham , last-maker, Berner's-street, Commercial-road, gave her a good character.)

CARMODY - GUILTY . Aged 25.

Transported for Seven Years .

SIMPSON - GUILTY . Aged 29.

Confined Six Months .

Reference Number: t18340904-153

1371. WILLIAM GRIFFIN was indicted for stealing, on the 11th of August , 6 pair of half-boots, value 30s. , the goods of John Capey .

JOHN CAPEY. I am a haberdasher , and live at No. 62, Aldersgate-street - I was not at home when these boots were taken.

JOSEPH HOBLING . I am a City-officer. I was in Aldersgate-street - I saw the prisoner and another going up the street with a blue bag in their hands - I suspected them from their looking at the different windows - they came up to Mr. Capey's window - they passed it twice, and the third time the prisoner put his hand up and made a cut at something - a smaller one who was with him held the blue bag, but it was not large enough to receive the things, and the boots fell over - I ran after the prisoner for a quarter of a mile, then brought him back, and the boots were taken into the shop by Mrs. Capey.(Property produced and sworn to.)

( John Dunn , bricklayer, gave the prisoner a good character.)

GUILTY . Aged 19. - Confined for Six Months .

Reference Number: t18340904-154

1372. JOHN TOWELL was indicted for stealing, on

the 26th of July , 60 sheets of printed paper, value 10s.; 12 sheets of paper, value 6d.; and 1 glazed paper board, value 3d.; the goods of William Bradbury , his master ; to which indictment he pleaded GUILTY . Aged 40. - Recommended to mercy by the Prosecutor. Confined for Six Weeks .

Reference Number: t18340904-155

NEW COURT. Monday, September 8, 1834.

Fourth Middlesex Jury, before Mr. Recorder.

1373. CHARLOTTE BROOKS was indicted for stealing, on the 4th of July , 1 watch chain, value 2s.; 4 seals, value 8s.; one watch ring, value 2s.; 1 apron, value 1s. 6d.; 1 shawl, value 11s.; 5 waistbands, value 5s.; 1 buckle, value 2s.; 1 box, value 2s.; 1 measure, value 1s. 6d.; 1 scent bottle, value 1s.; 4 yards of silk, value 7s.; 1 gown, value 17s.; 1 watch, value 5l.; 2 brooches, value 20s.; 1 bed-gown, value 1s. 6d.; and 1 table-cloth, value 1s. ; the goods of Edward Brooks ; to which indictment she pleaded GUILTY. Aged 17. - Judgment Respited .

Reference Number: t18340904-156

1374. ELIZA KING was indicted for stealing, on the 10th of July , 1 watch, value 30s.; and 1 watch key, value 30s.; the goods of William Beard , from his person .

WILLIAM BEARD. I am a coach-builder . On the 10th of July, I was at Edmonton ; I met the prisoner at the corner of Waggon-and-Horse-lane - I had two or three minutes' conversation with her - I was then returning home - I did not know her - I asked her name - she said, "Brown," and at that instant she darted down the lane - I then missed my watch, which I am positive I had when she accosted me - I went to the officer - he went with me to Waggon-and-Horse-lane, to King's house - he knocked, and the sister let him in - he asked me if that was her - I said,"No" - he then inquired for Eliza King, and the prisoner came down - she said, "You are come after your watch, I suppose" - I said, "I am" - I put my hand into my pocket, and offered her 5s. to produce it - she ran up stairs, brought it down in her hand, and said, "Here is your watch, William Beard; I took it in a joke, and meant to return it in the morning" - she knew my name I dare say - she had seen me, and I had seen her - I knew where to find her, but I did not know her in the dark.

Cross-examined by MR. CHURCHILL. Q. As soon as you went, she said, "You are come for your watch?" A. Yes; I had not given her any thing - I was close to her - nothing passed between us but talking - I was a little elevated - I knew her by sight, and she lived near me.

JOSEPH FOSTER . I am a constable. I went to the house with the prosecutor, - the prisoner brought down the watch, and said, "You have come about your watch: I picked it up in the road, and meant to bring it home in the morning" - he then said she had robbed him of it, and I attempted to take her, but she flew up stairs, and her father mother, brother, and sister, said they would lose their lives before I should take her - I left the house, and took her in the morning - it is a dreadful neighbourhood - I had several sticks thrown at me while I was at the door.

Cross-examined. Q. Was not the prosecutor very drunk? A. He was a little fresh, but he told me the particulars.

NOT GUILTY .

Reference Number: t18340904-157

1375. HENRY LEAR was indicted for feloniously killing and slaying Eliza Fox .

WILLIAM HEATH (police-constable S 124). I live in Pratt-street. The prisoner was given into my custody, with a cab, No. 1614, on the 29th of June , by Mr. Pritchard - I took him to the station-house - it was a kind of grey horse in the cab, and the name on the cab was Barlow, but Bennett, of Tottenham-court-road, claimed it - I did not learn how the false name came to be on it.

Cross-examined by MR. STAMMERS. Q. The prisoner went willingly with you? A. Yes. He said he pulled up as soon as he could, and he was very sorry - he has an impediment in his speech.

RICHARD PRITCHARD . I live at Eaton-lodge, Hampstead , and am a farmer. On Sunday evening, the 29th of June, I saw a gig pass as I was at my front garden gate - it was about four miles from London - the gig was going, I should imagine, as fast as the horse could go - there were two men and a female in it - one of the men was driving it, and he was urging the horse on with the whip - I then saw a cab pass in the same direction - there were two men in it, and the prisoner was driving - he drove very furiously - the horse was on the gallop, and he hit him with the whip as he passed my garden - it was about half-past eight o'clock in the evening, and quite light - one of the men in the gig beckoned his hand towards the cab, as if for it to come forward - as soon as I had seen them pass, I heard the screams of some females, and said, "There is an accident" - I ran out, and saw a child who had been picked up, in the arms of one of the witnesses, and the cab was turned back - I took the horse and cab, and the prisoner, and gave him to an officer as soon as I saw one, which was nearly half an hour - I put the person who was driving, and the same cab, into the hands of Heath - the child was carried to Mr. Richards, the surgeon - the road was forty-two or forty-three feet wide - there was no carriage but the gig and the cab near the spot - they were going twelve or fourteen miles an hour, to the best of my judgment - the child appeared to be about seven years of age - I never said I saw the child on the road.

Cross-examined. Q. When you first saw the two carriages, how far was the gig in advance of the cab? A. I should think from twenty to thirty yards - the cab was, in my opinion, attempting to get up to the gig - they seemed to me to keep about the same distance from each other - I did not notice the gig horse, but I did the cab horse, as I had it in my hand for half an hour - I did not see any boots on the horse's fore-legs, but as I did not particularly notice, in the confusion, I cannot swear there were none - I am in the habit of going in wheel-carriages - I have gone twelve or fourteen miles an hour years ago - I never rode in a cab.

JAMES BALDWIN . I live in Blackman-street, Southwark. I was in the Hampstead-road on the evening of the 29th of June, about half-past eight o'clock - I saw a girl, who appeared to be about seven years of age, crossing the road - a gig had just passed me, going twelve or fourteen miles an hour; as fast as it could; and a cab was following it, about twenty yards behind it - it was gaining on the gig- the cab knocked the child down, and the wheel went over her body - I should think the cab was going twelve or

fourteen miles an hour, but I am not a judge of that - it was quite light enough for the driver to see the child, but it appeared to me that it was going at such a rate that the driver had not the control over it - I cannot tell how far the driver went before he stopped, as my attention was occupied with the child - I gave it to a gentleman, who took it to the surgeon's - I saw it go.

Cross-examined. Q. When you first saw these carriages, what distance was there between them? A. I suppose, three or four yards - I was forty or fifty yards behind the cab when the accident happened - they both passed me - there is a considerable descent in the road there - the cab was nearer to the gig, when the accident happened, than when they passed me, I should think, ten or twelve yards - the cab certainly was gaining on the gig to the best of my knowledge - the child ran from the edge of the road to cross it - there was a girl and a boy there - one was near this child - the other had crossed.

RICHARD NURSEY . I live in Whitehall-place, Kentish-town, and am a tallow-chandler. I was coming from Chalk Farm, and saw a one-horse chaise going in the direction of London - I saw a cab after it - they were going at full gallop- I saw a child crossing the road - the cab struck the child, and the near wheel went over it - I ran with Fortune - he took up the child - I took up her bonnet - there was light and space enough for the driver to have avoided the accident if he had driven in a proper manner - I saw him hit the horse once with the whip, while it was galloping.

Cross-examined. Q. Did you take notice of the cab horse? A. I believe it was an iron-grey. I did not look at its legs - I was behind them, coming out of Chalk Farm-lane - the gig had rather a better horse than the cab - it was going about fourteen miles an hour - it was going rather faster than the cab - the cab, I should think, was going about twelve miles an hour - I should not think it was gaining on the gig - the prisoner drove the cab - he pulled up as soon as he could - I did not hear him request that a policeman might be sent for - he said he was willing to go, and he was sorry for what had happened.

GEORGE BURDEN . I live at Kentish-town. I saw what happened - I called to the prisoner, who drove the cab, before it occurred, but I do not think he heard me - the gig passed the cab, and the cab was flogging to overtake him - about thirty or forty yards before me the cab knocked down the child, and the wheel passed over it - the prisoner pulled up, and begged we would take his name and number, and let him go; but I gave him to one of the witnesses.

Cross-examined. Q. When you first saw the two carriages, was the cab first? A. Yes; and the gig passed it, going twelve or fourteen miles an hour - I was only sorry I had not a horse to follow it - I am in the habit of driving and riding too.

GEORGE RICHARDS . I am a surgeon, and live at Henley Lodge, Hampstead-road. When the child was brought in, my house was full of people - I do not recollect seeing any of the witnesses - the child was labouring under symptoms of a concussion of the brain, with a deep cut over the left eye - I attended to it, and dressed the wound, and let it lie quietly till I sent for a cab to take it to the Middlesex Hospital, which was the nearest - the child was in my house about half an hour, till it was in a fit state to be removed - the wound appeared as if it had been struck by some instrument - I saw no marks of its having been run over.

Cross-examined. Q. Might not the injury have been occasioned by the fall of the child on the ground? A. Not on the ground, but on a stone.

RICHARD PRITCHARD re-examined. Q. Did you see the same child again that you saw in the road? A. Yes; in the hospital - it was then dead - its parents were there, but they are not here.

JAMES BALCHIN . I know the name of the child was Eliza Fox, I heard; in fact, I know the father, and saw the child dead at her father's - I heard her name mentioned then - I had not heard her name while she was alive.

JOHN ELWIN . I am house-surgeon at the Middlesex Hospital. The child that was run over was placed in my care - it died the next day - it had a rupture of the liver, a rupture of the spleen, and other injuries to the intestines - a wheel passing over the body would have produced them- there was a wound on the side of the head - a wheel running against it would have occasioned that - her mother came while she was living - I asked her what her name was - she said, "Eliza Fox."

Prisoner's Defence. The little girl ran on the wrong side of the road, and before I could possibly pull up, she struck her head against the wheel.

( Edward Underwood , and Joseph Sedey , a publican, deposed to the prisoner being of a mild and humane disposition.)

GUILTY . Aged 19. - Confined Nine Months .

Reference Number: t18340904-158

1375. JAMES KING was indicted for feloniously killing and slaying Francis Purse .

WILLIAM BIGGS . I am a hackney-coach driver, and live in Paradise-street, Marylebone. I knew Francis Purse - he was a hackney-coachman - I recollect Thursday evening, the 17th of July - I was standing on the pavement facing the Plough watering-house, the third door from Bond-street, in Oxford-street - I saw Purse there turning his horse's heads - I saw an omnibus driving by on the Vere-street side - I then saw a cab drive between the omnibus and the coach stand - they were both coming from the Park, and on their left side, bearing to the left of the road - the cab was going about eight miles an hour - that is the account I have always given of it - the horse went rather faster after it passed the stand - there was about fifteen feet between the curb and the coach-stand - the cab was about four feet and half wide - I was standing talking to the waterman, and saw the deceased fall, in consequence of the shaft of the cab hitting him on the back of the head, and he fell on the crossing - he had been standing at the horse's heads of the first coach - he was in front of the horses, not between the horses and the cab - I helped to lift him up, and carried him to the surgeon's in Old Cavendish-street - I drove his coach, and carried him to the hospital - I did not see exactly where the person sat who drove the cab, nor whether there was any one sitting in the cabman's place - I have never said where the person was sitting who drove the cab - the driver was sitting in the body of the cab - I believe there were two persons there.

Cross-examined by MR. CLARKSON. Q. Was the place at the crossing from Vere-street to Bond-street? A. Yes - it was about twenty minutes past nine o'clock - it was dark or nearly so - from the position in which the omnibus stood, there would have been no objection to any one in a cab passing by - the deceased was standing at the horses' heads, which were turned towards St. Giles's - I do not think the person in the cab could see him - the deceased was about sixty-three years old.

GEORGE EDWIN WIMSETT (police-constable D 119). I was in Oxford-street, on the 17th of July, near Vere-street - I saw two or three persons running after a cab, and I stopped it - it was going on the gallop, eight or ten miles an hour - the prisoner was driving it, and the cabman was sitting on the dickey by the side - the prisoner was sitting inside; he had the reins and the whip - he gave his name"James King, No. 4, Highbury-place, Islington" - he had got from sixty to one hundred yards from Vere-street, when I stopped the cab - it was a yellow cab; No. 696 - the cabman is here.

Cross-examined by MR. PHILLIPS. Q. You did not see this accident happen? A. No - I cannot tell whether the horse was frightened at the fall of the poor man, or whether the prisoner was able to control it - the prisoner gave his right address - he did not seem at all intoxicated.

DAVID CRADDOCK . I am turncock to the Grand Junction Water Company. I live in Woodstock-street. I had been speaking to the deceased just before he was knocked down - I left him, walked to the pavement, and set down my tools, when I heard of the accident - the omnibus passed me at the rate of about eight miles an hour - the cab was going faster, because it gained upon the omnibus - the people called to stop the cab; that attracted my attention - the cab went on at a faster rate, till it was stopped by the policeman.

Cross-examined by MR. CLARKSON. Q. Did you see the person inside the cab? A. No - I cannot tell whether the horse was under the control of the person who had him in hand after the accident.

JOHN ELWIN . I am house-surgeon to the Middlesex Hospital - I saw the person who was brought to the hospital, by the name of Francis Purse - the skull on one side of the head was severely fractured, and driven into the brain - it might have been done by a blow, or a wheel passing; it might have been done from the blow of a shaft - he lived some hours.

JOHN SIZMUR . I was standing at the corner of Vere-street, and saw the accident, and helped to convey the poor man to the hospital - he was given to Mr. Elwin.

HENRY FRANCIS PURSE . I am the son of the deceased. A few days after the accident, a gentleman called from Mr. King, and said he would pay for the funeral, and do something for me, which he did.

(Mr. Thomas Hughes , a truss-maker, High Holborn; Joseph Peel , Barnsbury-park; George Newton Brown , Austin Friars ; John Robinson Peel ; George Buck , surgeon, of Greenwich; Frederick Hall , Marylebone-lane, corn-merchant; and Charles Wood , of Homerton; gave the prisoner a good character for humanity, &c.)

GUILTY. Aged 26. - Recommended to mercy by the Jury, on account of his character . - Confined Three Months in Newgate .

Reference Number: t18340904-159

1376. EDWARD FRY , JOSEPH WARD , and JOHN DAVIS , were indicted for feloniously killing and slaying Robert Compton .

JOHN BARKER . I am a watchman. I live at No. 3, Star-court, Milton-street. On the 6th of July , my beat was in Wood-street, close by the Bridcage public-house - I know Robert Compton - he was a carpenter , thirty-six or thirty-seven years old - I saw him on the Sunday dead - on the 6th of July, I saw him, in company with the three prisoners, come out of the Birdcage public-house, about half-past twelve at night - when they came out, they began to have some words - Compton went up to Fry with his arms folded across his breast - Fry asked what he meant, and said he did not understand his coming up to him in that attitude - they then moved a little further - Fry and another were then going to fight - I cannot say who the other was, but before I got up to them, Ward got between them, and said they should not fight, and immediately the other man, who had his coat off, put it on again - Fry had not pulled his coat off.

Q. Have you not said, on a former occasion, that Fry buttoned up his coat, and said he had no objection to fight Compton? A. Yes; he did say so - when he got forty or fifty yards, Compton continued to aggravate him, and Fry then said he would fight him for 5s., and if that would not do, he would put down 10s., he put his hand into his pocket, and pulled out some more silver; Ward told him to put his money in his pocket, and not think about fighting, and I told them to keep on - and as they were leaving my beat, I told them not to think any thing about fighting, but to go in peace, and the best thing they could do was to go and spend the 5s. - Compton and Davis appeared friendly, and Fry and Ward appeared friendly - they walked together two and two.

Cross-examined by MR CLARKSON. Q. Had you been in the public-house? A. No; I did not hear Compton say he would fight Fry, or any man who took his part, for 5s. - it was not Compton who produced the 5s. - I had known Fry before - I do not know where they went to - Compton was aggravating Fry, and after they got a few yards from my beat, they began again - I called to them to go on - Davis and Ward did what they could to prevent it - Compton would not be pacified, but Fry went on very well - he and Ward kept the middle of the street - the other two were on the pavement.

MALACHI SHARON . I keep the Birdcage public-house in Wood-street - the prisoner and Compton were there on the 6th of July, at twelve o'clock - I told them to go - I went to the tap room where they were drinking - they wanted more gin - I told them the time was up - I then went into the parlour where Fry was, and told them - they all turned out, and met in the passage - Compton then again wanted more gin - I would not let him have it - he pushed by abruptly, and pushed a little man named Evans, saying, "We had better go" - Evans said, "You might have gone before" - Compton turned round without any provocation, and struck Evans, who was intoxicated - I went up

to Compton, caught him by the arm, and said, "My house is very peaceable, and I beg you will quit it" - they then all left my house - I sent a man to take care of the little man, and see him safe home, which he did.

Cross-examined by MR. PHILLIPS. Q. Was a man named Tully there? A. I cannot swear - Ball was in the house - Compton was rather inclined to be riotous - he had been drinking - I have known Fry ever since I took the house - Davis I have known some time - they were the most industrious, sober young men that came to my house- Fry was peaceably spending his evening in a room which Compton was not in - I heard no conversation between them.

JOHN HAYFORD (police-constable G 184). On the morning of the 6th of July, I met Richard Ball in Brick-lane, Old-street, about three-quarters of a mile from the Birdcage, the brick-field is about three-quarters of a mile from Brick-lane - while I was speaking to Ball, the three prisoners, another man and Compton, went past me - they went straight up Brick-lane - I stopped with Ball two or three minutes longer - I then bid him good night - he went up his court to go home, and I followed the prisoners- they walked in a very hurried manner by me, and I got off the pavement to make way for them.

Cross-examined by MR. CLARKSON. Q. Did you know Compton before? A. Yes; he was rather irritable.

RICHARD BALL. I knew Compton between fourteen and fifteen years - I always found him a very agreeable disposition - I never saw him quarrel - he did not belong to any Union, nor did I; I know Ward - I have seen Davis and Fry at the Birdcage, but never worked with them - I had seen Ward and Davis that night at the Birdcage - there was something said about the Union that night by other persons, but not by the prisoners - I spoke to Hayford in Brick-lane - the prisoners passed me and Compton - I did not see Compton again till I saw him dead in the station-house, the same morning about five o'clock - I saw his throat was swelled more than usual, and he was considerably cleaner than when I parted with him.

Cross-examined by MR. PHILLIPS. Q. You think he was a quiet, civil man? A. Yes, he was equally the same, drunk or sober - I have never seen him in the habit of getting tipsy - he might take a little drop - I did not see Ball there - Compton did not wait to have a row with me- John Tully was there - Compton did not want to quarrel with any body in my presence - I did not see Evans - I left at eleven o'clock - I had a pint of porter and a glass of peppermint - I had no half-and-half - I drank some rue - I don't know whether there was any gin in that.

MICHAEL HUGHES . I was employed to watch a building belonging to Mr. Handley on the 6th of July - I know the brick-field near Duncan-terrace, it is near a quarter of a mile from where I was watching - I heard the noise of some persons in the brick-field, but I could not tell what it was- I did not take notice - I have never said it was such a noise as would happen between persons fighting - this is my mark, and this paper (his deposition) was read over to me.

HUGH COLLINGHAM (police-constable G 36). I live in Parr's-place, Goswell-road. About three o'clock on this Sunday morning, I heard an alarm of "Police" as I was on duty in York-street - I went to the spot, and met the three prisoners and another man at the corner of Rahere-street and York-street. Fry and Davis had the deceased on their shoulder - they said, "As you are the first policeman we have met, we will give him in charge to you" - that they had found him drunk lying in the City-road - they were three or four hundred yards from the brick-field, and about a hundred yards from the City-road - I asked if they knew him - they both said they knew nothing of him further than finding him drunk - my brother officer stepped over and assisted them with the deceased off their shoulder, and I went down to the station-house for the stretcher - I came back and put him on it, and Fry and Davis volunteered to assist to carry him down to the station-house. Ward and the other man went away when we put the man on the stretcher - they were in a direction from the brick-field to where I saw them - when the man was placed on the stretcher, my brother officer said he was dead - when Fry and Davis were in the watch-house, they said we had better cut it - they left their address there.

Cross-examined by MR. PHILLIPS. Q. If a person had come from the City-road, down York-street, they must have met you? A. Yes.

PAUL PLANT (police-constable G 177). I was in Macclesfield-street - I heard a cry "Police," and saw several persons with the deceased on their shoulders - I said,"What have you got here?" they said, "We have found this drunken man in the road; we did not like to see him there, as we sometimes get drunk ourselves, so we took him on our backs, to carry him to the first policeman we saw" - I assisted in taking him off their shoulders, and said I thought he was dead - they said they did not know - I sent my brother officer for the stretcher - I again said, "The man is not drunk, he is dead" - Fry answered, "What do you know about it? you are no doctor; you cannot tell a dead man from a drunken one" - I said, "I have seen too many drunken men, not to know whether he is drunk or not" - another officer came up, and I sent for our surgeon - Davis expressed great anxiety to see every attention paid to him, and said, as they had found him in that state, they would not leave him till they had seen him properly attended to- Davis and Fry assisted in taking him to the station-house - the other two men were about twelve yards off, and I called to them not to go away - they followed on for a short distance, and then slipped away - I said to Davis, "Where are your friends gone?" he said, "It is all right, they are coming" - when Fry and Davis got to the station-house, they gave the same account as they had before, and expressed a desire to see him in the morning - his face was perfectly clean - I should think it had been recently washed - his coat was off, hanging by one arm, and one of them had his hat - I did not see the prisoners again till they were at Worship-street.

THOMAS SAGE (police-constable N 104). I live in Moon-street. On that Sunday morning I went to Featherstone-street station-house, about seven o'clock - I then went to Davis, at No. 2, Bath-street - I found him on the bed, and dressed, apparently a little intoxicated - I aroused him up, and asked if he could tell in what part of the City-road he found the deceased - he said he knew nothing about the

road, or where he was, as he was drunk - I asked where he came from - he said, "Pentonville" - he said he knew nothing about the City-road; but he would go to his friend, Fry, who should come with him and tell - he then sent his wife for some gin, he drank part of it, and threw the rest into the child's face.

Q. Did you observe the bottom of the deceased's shoes? A. Yes; the Saturday night was very wet, it had rained for several hours, and his shoes were covered with dry brick-dust - I gave information to the inspector, and went to Mr. Rhodes's brick-field - I found some foot-marks, as if there had been a great struggle - that was from four to five hundred yards from where the officer met the prisoners - a piece of paper, a pocket-piece, and a halfpenny, were found there - I afterwards went back to the field with the left shoe of the deceased, and it corresponded exactly with some marks in the field - there was a piece of iron tacked on the toe of that shoe - I fitted it in the presence of Bromley, in more than one or two places - I traced the marks from the gate to where the struggle had been, and they appeared to have dragged the body on the toes - I went to Davis's again - we waited till he came home, and we took him.

Cross-examined by MR. CLARKSON. Q. When had it rained? A. From nine o'clock at night till two o'clock in the morning - the City-road was flooded - the shoes had dry brick-dust on them, but the brick-ground is naturally dry and his shoes were dry when I went in the morning - no one sent me to Davis, but I wanted to know on what part of my beat it had happened - I do not go further than the bridge, and this happened one hundred yards over the bridge - I was reported for neglect of duty, but my superiors were well satisfied with my conduct - I went before the superintendent - he told me he thought there might be some neglect on my part.

THOMAS SEAL (police-constable G 145). I live in Taberacle-walk - I went to where Fry lives on the Sunday morning, about eight or nine o'clock - I waited a little while, and saw him - he had a black eye - he came with me voluntarily - I had a young man with me, and he asked particularly whether he was one of the relations of the deceased - I said,"No."

Cross-examined by MR. CLARKSON. Q. Did you not yourself tell him, if he would tell you the whole truth, it would be of advantage to him? A. No; nothing of the kind, I swear.

COURT. Q. What did you say? A. I said, "If half a dozen people were to come up, and swear you were the man that fought with the deceased, would you call them liars?" - he said, "Mayhap, I might" - I observed to him,"You have got a black eye" - he said, "Yes; I was out taking my drops last night, and got it" - I asked him if he knew Compton - he said, they were shopmen, and he knew him from working him with him occasionally - he was speaking either of Compton or Davis - I found 11s. 6d. on him, and three Union Cards, which I gave him again - Davis asked me how it was likely he should get on - I said I did not know - he then asked for some water - I brought him some, and asked him if he knew any thing about the coins which had been found - he said they had been used in bathing the deceased's temples - he then asked who apprehended Fry - I said, I did.

Cross-examined by MR. PHILLIPS. Q. Do you not forget the story you told before the coroner and the magistrate? A. I may not, perhaps, recollect the whole of it - I have stated what I said before the coroner, to the best of my recollection - one of these coins is a pocket piece - I do not know how they could assist in bathing a man's temples - nothing took place between Davis and me, after he said that - I have never detailed a conversation which took place after that - what I said was read over to me, and I signed it - I think there is no conversation stated there which took place between him and me after I spoke about the coin - I might have given him the water after that - he was sober when he talked about the coins being used in bathing the man's temples - I thought they had been used in closing his eyes - something occurred which called me, and I went away.

GEORGE HAVILL (police-serjeant N 9). I live in River-street, Islington. I went to the brick-field - I found a half-penny and a copper coin - I compared the deceased's shoes with the foot marks in the field - they appeared to tally as if he had been in that place - I went to John Davis, and met his wife - I asked her if Davis was come in - she said he was - I went up stairs and found him- I told him I apprehended him on a charge of murder, and cautioned him not to say any thing that would injure himself, as it would be given against him - I asked him if he knew a man named Compton - he said he had a slight knowledge of him - I asked him if he was in the brick-field with him - he said, "You know all about it" - he then said he was very sorry he had told a lie, and he would tell me all about it - he then said, he had been at the Bridcage with the other men, and when they were about to leave, Ward said he would stand a quartern of gin, but the landlord would not draw it - Compton then said, "I am going," and a little man said, "You might have gone before;" that he struck him, and Fry upbraided Davis with it - that they came out to fight, and the watchman prevented them - that Compton then came up to Fry, put himself in a daring attitude, and said, "It was not Davis, it was me," and they then agreed to fight for 5s. - that Fry put down 5s. in Davis's hand, Compton refused to cover it then, but he did in the field, and it was placed in Ward's hand - that they then set to, and in the first round, Compton had considerably the best, but, in coming up the second time, Fry gave him an up hit, and he fell - Fry said, "You don't call that half a round," but he made no answer, and Fry said,"He is done," or "dead" - that they then sat down to consider what they should do with him, and they thought it was best to take him to the public-road, which they did, and he was taken to the station - on the Monday I took Ward in Fryer-street, Vauxhall, about three o'clock in the afternoon- he was on a bed in a back room up stairs - I told him I took him on a charge of murder, and I gave him the same cautions I did to Davis - he did not appear to wish to keep any thing secret - he said he was glad I had come, and he told me nearly the same words that Davis had - he said he gave up the money to Fry, and he took the man to the pool, dipped his silk handkerchief in, and washed him, and endeavoured to restore him, but unsuccessfully.

Cross-examined by MR. CLARKSON. Q. It was Davis gave you the first account? A. Yes; I do not recollect

his saying that Fry said he would rather not fight - they both seemed very sorry.

WILLIAM BROACKES . I am a surgeon - I examined the body at the work-house - there was an effusion of blood on the membranes of the brain, which was the cause of his death - there was a discolouration on the outside which corresponded with the rupture within - it might have been occasioned by a blow with a fist - the skin was not broken - it is my opinion it was caused by a blow at the back of the ear - any other part of the head would have been more exposed in falling - in other respects the body was healthy.

Cross-examined by MR. PHILLIPS. Q. Suppose a man got a blow on the breast, and fell down on a stone? A. That might have occasioned the same appearance - he might have fallen from his own exertions, but most likely in that case the skin would have been broken - it appeared to me to have been effected by a blow under his left ear, from a man's right hand.

THOMAS SEAL . I saw the body at the work-house after it had been opened - it was the same body which had been taken to the station-house.

Fry's Defence. The facts have been greatly exaggerated - I took him to the station-house, and particularly requested them to send for a surgeon if there were any thoughts of his dying; and it was not till after he had been left on the cold step of a door for twenty minutes that the stretcher arrived - I asked two policemen to tell me where the surgeon lived, and I would fetch him - they said, "No" - when I got him to the station-house, I said I was very sorry he was dead, and any information I could possibly give, I would come next morning and give - I told them to inquire if he was married - I meant to go, but I was taken - I asked for some beer at the station-house; but one of the policemen said it was too good for a murderer, and if I would confess, it would be better for me.

JOHN TULLY . I was in the public-house on this unfortunate night - Compton was very quarrelsome - I have known Ward since Whitsuntide - he was a very quiet man.

( Thomas Arnett , of Plummer-street; John Webb , a carpenter, of Duke-street; and James Kevan , a carpenter, gave Davis a good character; Richard Moyer , a carpenter, of Dublin-court; and Robert Carman , of York-place, gave Fry a good character.)

FRY - GUILTY . Aged 28. Confined Three Months .

WARD - GUILTY . Aged 23.

DAVIS - GUILTY . Aged 23.

Confined for One Month .

Reference Number: t18340904-160

1377. ELIZABETH FORSYTHE was charged, on the Coroner's Inquisition, for killing and slaying Thomas Forsythe .

JOHN TRIPE . I am a surgeon, and live in Cannon-street-road. I know the prisoner and her husband, they were the father and mother of the deceased - I had attended the child for seven months prior to this - he had an inflammation on the lungs, for which I ordered a warm bath, and the child received benefit from it - on Sunday, the 2nd of August, the child was brought to me with a case of catarrh - I gave it some medicine - the father came again in the evening - I gave a powder to be added to some water to form a lotion, and directed how it was to be used - I saw the child the next morning - it was very much distressed - I ordered poultices to be applied to the feet, and a small portion of brandy and water to be given it - the skin was off the left foot - I saw it three times that morning- the second time the convulsions had taken place, and it died about twelve o'clock, I understand - I consider the death arose from the irritation of the scald of its feet and legs, and the fright it had received - I should consider the feet and legs had been immersed in water - the line of heat was the same height on each leg - if a person had put the child's feet into water, without applying their own hand, they might have made it too hot - a mere immersion into hot water would have produced the effect in so young a child.

Cross-examined by MR. PHILLIPS. Q. Had you not been applied to, to go in the course of the night? A. Yes, once; three applications were made for means to use - I think I was first applied to about nine o'clock, and I observed to the father, "If I go to see the child, it will be a loss of time - there is but one treatment for burns and scalds - I advise you to go and use those means through the night," giving him directions what to do - a man came to me afterwards who was very impudent, and said if I would not go, some other person should be got - the father was with him, he apologized for it - I can hardly say whether I was applied to, to go a third time or not.

ELIZABETH RIDLEY . I am the wife of John Ridley - we live in the same house with the prisoner - I knew the unfortunate child - his name was George Thomas Forsythe - about seven months ago it was ill - it appeared to me that its father and mother did their best to assist it - the child could just move about with assistance, and was a sweet-tempered child - on the day mentioned, I heard the child scream about nine o'clock at night - I ran into the room, the prisoner clasped her hands and said, "Ridley, I have scalded my child" - I asked her how she did it - she said she had got the child into the pail, and in pouring the water into the pail, the lid of the kettle came off, and the water poured out and scalded the child - there was a kettle by the fire-side - I have seen the kettle since; the rim of the lid was off - the legs of the child were severely scalded, as if they had been immersed in water - the prisoner always appeared fond of the child, and attentive to it - I know she had used the warm bath before, when the child was ill - as far as I could learn, it was the effect of accident - I think she had forgotten to put the cold water in.

NOT GUILTY .

Reference Number: t18340904-161

1378. JOHN BEDFORD was indicted for killing and slaying Joseph Hingley .

THOMAS HINGLEY . I am the brother of Joseph Hingley. He worked with me as a surgeon's instrument maker - the prisoner's wife is my father's sister - my brother was married, and his wife had been quarrelling with Mrs. Bedford - they lived in Salmon and Ball-court - the prisoner came into the court while my aunt and my brother's wife were having some words - the prisoner said, "Who has been ill-using my wife?" - my brother said, "If your wife does not ill-use us, my wife shall not ill-use yours" - the prisoner then laid hold of him with his left hand, and

struck him with his right hand on the collar-bone - my brother staggered against the dust-hole opposite our house, but he did not fall - my brother had a bite on his hand between his knuckles - it was said that the prisoner did that, but I did not see it done - he died on the Tuesday week following, at eight o'clock in the morning - he was delirious before he died - we could hardly keep in the place.

WILLIAM BROACKES . I am surgeon to the parish of St. Luke's - I was requested to open the body of the deceased - there was an external mark near the collar-bone, and I found the vessels were overcharged, and there was an effusion on the lungs, which was the effect of some violence - there was some discolouration, which possibly might have arisen from cupping - the injury on the collar-bone would, no doubt, have produced the effects which I saw - there was extravasation of blood sufficient to cause death, no doubt.

WILLIAM DAVIDSON LESLIE . I live in White Cross-street, and am a surgeon. I attended the deceased five days after he received the injury - he was suffering from a severe attack of erysipelas, attended with a great deal of fever and delirium - I found a great tumefaction over the collar-bone - I inquired if he had received a blow, and was told he had in a scuffle - I applied the proper remedies to arrest the inflammation, which produced no effect - I have every reason to believe he died from the effect of the blow - he was about the same size as the prisoner, but rather a weakly man - the blow was the exciting cause of his death - the immediate cause was the inflammation - he was a very bad subject for any thing of that kind - if he had had attention earlier, he might have recovered.

ELLEN DAVIS . I saw the scuffle from the house to the dust-hole, and begged my husband to come and separate them - I saw the prisoner raise his arm, but I did not see the blow.

SARAH ARCHER . I was standing by Hingley's side when the prisoner came up the court - he said, "Who has been ill-using my wife?" - Hingley said, "Keep your wife from mine, and I will keep my wife from yours" - the prisoner took him by the throat with the left hand, and struck him with his right.

ANN HINGLEY . I was there - Mrs. Hingley and the prisoner's wife were calling one another bad names - they came to blows - I ran to Featherstone-street, to fetch the prisoner - he came, and asked who had been ill-using his wife - the deceased said, "I and my wife have been giving her a hiding, and torn her bonnet" - but he had not touched her - there was then a fight between the two men, but I did not see it.

Prisoner. Hingley hit me in the mouth.

THOMAS HINGLEY . No; he did not.

ELLEN DAVIS re-examined. I did not see the deceased strike the prisoner in the mouth.

SARAH ARCHER. On my oath, Hingley did strike the prisoner.

THOMAS HINGLEY re-examined. Q. When did the deceased complain of the prisoner having bitten him on the hand? A. On the Tuesday - I understood it was done at the same time.

MR. BROACKES. The mark on the deceased's hand might have been occasioned by his striking the prisoner's teeth.

MARY WILLOUGHBY . I saw the prisoner on the night of the fight - there was a struggle, and he went towards the dust-hole - I saw nothing more till he came away - I asked him if he was hurt - he said merely from a blow on his mouth, and a scratch on his eye.

ELIZA SEWELL . On that evening, after the quarrel, I saw the deceased carrying Ann Bedford home - she struggled and struck him in the chest - the prisoner came, and was knocked down - I cannot say by whom - I saw him draw his hand across his mouth.

MARY CONNER . I saw the prisoner come into the court, and he was knocked down - I do not know by whom - the deceased was getting Mrs. Bedford into her room, and she struck him on the chest.

NOT GUILTY .

Reference Number: t18340904-162

Third London Jury, before Mr. Common Sergeant.

1379. WILLIAM SHEPHERD was indicted for stealing, on the 8th of July , 8 live tame pigeons, value 30s.; and 8 dead pigeons, value 4s. ; the goods of James Thomas Horner .

JAMES THOMAS HORNER. I live at Camberwell . I had upwards of thirty pigeons - on the 8th of July I missed them all; they had been taken early that morning or late the night before - I saw two of them in the Borough that afternoon, and fourteen in Leadenhall-market; six were dead and eight alive - I swear they were mine - two of them are here.

WILLIAM JOSEPH DARLING . I live with Mr. Glover, in Leadenhall-market. I bought the pigeons of the prisoner, about half-past nine o'clock in the morning, on the 8th of July - I gave him 3s. 6d. for six live ones, and 6d. for ten smothered ones - we buy any thing that is brought to market and offered for sale, if we know it not to be stolen - I inquired of the prisoner, and he said he brought them from his home, at Camberwell.

Prisoner. Q. Did not you say two boys came to sell them? A. Yes; you had six live ones, and the other had ten in a bag.

SAMUEL GLOVER . I was in the shop - the prisoner sold six live pigeons, and the other ten dead ones.

Prisoner. I know nothing about them.

GUILTY . Aged 17. - Transported for Seven Years .

Reference Number: t18340904-163

1380. JOHN HAMMOND was indicted for stealing, on the 19th of August , 1 handkerchief, value 3s., the goods of Henry Cooley , from his person .

HENRY COOLEY. I live in New-row, St. George's. On the 19th of August, I was in Aldgate - I missed my handkerchief, and saw the prisoner crossing the road - I made towards him and he threw my handkerchief back-handed towards me - this is it - I picked it up, pursued, and took him.

Prisoner. Q. Was I the only person behind you? A. The only one I saw, and you threw it at me - I did not see you take it.

GUILTY . Aged 18. - Transported for Seven Years .

Reference Number: t18340904-164

1381. CORNELIUS CONNER was indicted for stealing, on the 25th of August , 1 handkerchief, value 3d., the goods of Charles Thurnham , from his person .

HENRY ROCK . I live in Queen-street, Cheapside. On the 25th of August, I was going along Farringdon-street , and saw the prisoner put his hand into the prosecutor's pocket, and take out his handkerchief - he threw it behind him to two little boys - it fell on the ground, and I took it just as they were in the act of picking it up - I told the prosecutor, and gave the prisoner into custody.

CHARLES THURNHAM. I live in Charter-house-square. I was in Farringdon-street - I had this handkerchief in my pocket, and missed it when the witness spoke to me.

Prisoner. He did not own the handkerchief. Witness. I said at first it was not mine, but I did not recollect it at the moment - it is mine.

GUILTY . Aged 20. - Transported for Seven Years .

Reference Number: t18340904-165

1382. THOMAS BOYD was indicted for stealing, on the 25th of August , 1 handkerchief, of a person unknown , from his person .

ARCHIBALD BRYAN MEHEUX . I live at Esher. On the 25th of August, I was on Ludgate-hill - there was a gentleman there whom I do not know, but I saw the prisoner draw the handkerchief from his pocket, and endeavour to conceal it - I seized him, and took it out of his hand - I called for the police, but no one answered - a person came up, and said he was an officer - he took the prisoner - the gentleman went on - I do not know who he was

Prisoner. You and another gentleman caught hold of me, and I said, "Why not call the gentleman back?" - you said, "I don't want any gentleman - I am sufficient to take you," and then the officer came - they dragged me to the watch-house - the keeper would not take me, and then they took me to Fleet-street - this gentleman said he was a barrister, and he could make a case of it. Witness, He wanted me to let him go, that I might go after the gentleman.

ROBERT WOOD . I am Ward officer. The prisoner was brought to the watch-house, about half-past nine o'clock, and I took charge of him - the gentleman who lost the handkerchief was not there - there was another gentleman with this witness, who said he was going to Edinburgh, and could not attend.

Prisoner's Defence. The handkerchief was my own property - I bought it on the 23rd of May, in Cutler-street, Houndsditch.

GUILTY . Aged 21. - Transported for Seven Years .

Reference Number: t18340904-166

1383. JAMES PAGE was indicted for stealing, on the 25th of August , 1 handkerchief, value 6s., the goods of John Stephens , from his person .

JOHN STEPHENS. I live in Fleet-street. On the 25th of August, I was on Ludgate-hill - I had a handkerchief in my pocket - I felt, and missed it - I turned and saw the prisoner putting it into his pocket - I seized him - he threw it down, and told me he had not taken it, but I had seen it in his hand, and he was in the act of putting it into his left pocket.

Prisoner. Q. Did I not say that two men before me threw it on me? A. No; you said you knew nothing about it, and you had not got it.

RONALD STEWART (police-constable K 46). I took the prisoner - I asked if it was him who stole the handkerchief - he said, "No."

JOHN WILLIAMS . I was in Ludgate-street, that evening - I saw Mr. Stephens turn suddenly back, and I saw the prisoner with the handkerchief in his possession - he threw it down when Mr. Stephens turned round.

Prisoner. When this gentleman was at Bow-street, he said he thought he saw it in my possession. Witness. No, I did not.

GUILTY . Aged 18. - Transported for Seven Years .

Reference Number: t18340904-167

1384. EDWARD HARLEY was indicted for stealing, on the 14th of July , 1 handkerchief, value 1s., the goods of Thomas William Hunt , from his person .

THOMAS WILLIAM HUNT. I live in High Holborn. I was on Holborn-hill , between five and six o'clock in the afternoon, on the 14th of July - I felt something at my pocket - I turned, and found the prisoner in the act of putting this handkerchief into his coat - it is mine - I gave him into custody.

Prisoner. I picked it up, and was going to put it into my coat. Witness. It was impossible he could pick it up - I felt something move, and turned and caught him directly.

( Michael Bryan , Mary Gagan , and Ann Ford , gave the prisoner a good character.)

GUILTY. Aged 13. - Judgment Respited .

Reference Number: t18340904-168

1385. GEORGE TAYLOR was indicted for stealing, on the 29th of July , 1 handkerchief, value 5s., the goods of Henry Peter Emans , from his person; and that he had been before convicted of felony .

HENRY PETER EMANS. I live at No. 322, Strand. On the 29th of July, I was in Fleet-street , opposite St. Bride's - I felt something at my right hand pocket - I turned and saw the prisoner in the act of putting my handkerchief into his right hand pocket - he said, "I did not take it from you"- I said, "I do not say you did, but you have it."

Cross-examined by MR. CHURCHILL. Q. Were there no persons between you? A. There might be - I was passing up Fleet-street, about half-past two o'clock in the day - I am sure it is mine - I held the prisoner till the officer came.

ROBERT MASON . I took the prisoner - this is the handkerchief.

GEORGE PALMER (police-sergeant E 17). I apprehended the prisoner, in May, 1831, and he was tried in the Old Court - here is the certificate of his conviction (read).

( Samuel Chandler , and Andrew Fulton , of Staple's Inn-buildings, and William Broad , of Howland-street, gave the prisoner a good character.)

GUILTY . Aged 23. - Transported for Seven Years .

Reference Number: t18340904-169

1386. FREDERICK JOHN SHEPHERD was indicted for stealing, on the 10th of May , 2 coats, value 3l.; 1 waistcoat, value 3s.; and 1 hat-box, value 6d.; the goods of Richard John Cox White , his master .

RICHARD JOHN COX WHITE. I live in Spencer-street, Clerkenwell, and had a warehouse in Addle-street . The prisoner was in my employ - on the 10th of May, I went to Croydon, in the afternoon, leaving the prisoner at Addle-street, and directing him to come to my house, in Spencer-street, the next morning - on Monday morning, I went to my warehouse in Addle-street - I missed two coats, a waistcoat, and a leather hat-box - they had been safe when I left the prisoner there on the Saturday, and I

found the prisoner's jacket on the counter - he should have come to me on the Sunday morning to have received his wages, but he did not come - he should have slept at Addle-street, but he was gone - no one but him and myself had access to the premises.

Prisoner. Q. How long had the coats been there? A. They were there when I left on the Saturday - I remember going to see the Trades' Unions walk - I had not one of those coats on that day - I was arrested on a disputed account - you did not get bail, my lawyer got it - you went to Mile-end-road - you left the key of the warehouse with my mother, but that was a fortnight before - I do not know any thing of Mrs. Stevens and another woman ransacking the warehouse.

COURT. Q. When were you arrested? A. On the 2nd of May, and I was bailed on the 3rd - I swear these articles were in my warehouse on the 10th.

HENRY BERESFORD (police-sergeant C 8). The prisoner was brought to our office on the 18th of June, about one o'clock in the morning - the officer stated he had given himself up, as there was a charge against him, but he was quite innocent - the next morning he said he was not innocent, he meant to retract what he had said, and he should plead guilty - he said one coat was a Petersham, which he had given to a friend - he had not pawned it.

JOHN WRIGHT BALDWICK (police-constable G 106). The prisoner gave himself up to me - he asked if there was not a black mark against one named Shepherd - I said, not that I knew of - he said, "Yes; there is - I am that Shepherd, I do'nt say that I have robbed my master; but I am down" - the next morning he said he should plead guilty, and he had given one coat to a friend - he did not say in my presence what coat it was.

Prisoner's Defence. About the latter end of February, I went to live with this Mr. White - about the latter end of March he told me he was going to run away, and asked me to assist him - I told him I would, if it would not put a blemish on my character - I assisted in taking his things - he was then a hatter and furrier - he asked if I would have any objection to go about and sell his caps; and I took some to Mr. Saunders in Ratcliff-highway, and sold 26l. worth - he never gave me one farthing for it - he then went into the country, and while he was gone I had a quarrel with his mother, and I said I would go away - when he came back he said, what was I going to leave for - I said I should, and I did.

MR. WHITE re-examined. Q. Did he tell you he should go away? A. No; my mother and him had some words while I was away, but that was passed over - there was 4s. due to him when he left.

(Mr. Bartlett, a pork butcher, of Fleet-street, gave the prisoner a good character, and engaged to employ him.)

GUILTY. Aged 18. - Recommended to mercy . - Confined Five Days . (See page 637.)

Reference Number: t18340904-170

1387. HENRY MADDEN and WILLIAM WESTWOOD were indicted for stealing, on the 10th of July , 1 pair of boots, value 30s. ; the goods of Joseph Lloyd .

JOSEPH LLOYD. I live in Bartlett's-buildings, Holborn . Madden was employed to clean my boots and shoes , for the last six months - these are my boots - I missed them when the officer came and told me he had found them.

GEORGE JOSEPH FORD . I am a shoemaker, and live in Field-lane - my shopman delivered me these boots on the 10th of July; and, in the evening, the two prisoners came together, and said they came for the money for those boots- I showed them to them, and asked if they were theirs - Westwood said they belonged to him - I said, "What is it you want for them?" - he said 6s. - I said, "Are you any relation to this lad?" - he said, "Yes; I am his father-in-law" - I said, I was persuaded they were stolen - he said he worked at the Bell, in Holborn - I went there, and he refused to return; but the next day, the officer took him.

Westwood's Defence. I had nothing to do with them; but this boy asked me to go with him to receive the money, and in going along, he told me to say I was his father-in-law.

MR. FORD re-examined. Madden came alone in the morning.

MADDEN - GUILTY . Aged 12. - Confined Two Months and Whipped .

WESTWOOD - NOT GUILTY .

Reference Number: t18340904-171

1388. PETER BRADLEY was indicted for stealing, on the 26th of July , 6 printed books, value 6s. ; the goods of Alder Fisher .

ALDER FISHER. I am a surgeon - I had known the prisoner five years before, at our school; and, on the 26th of July, I found him in my surgery, on my arrival at home - there was a case full of books there - when the prisoner had left about half an hour, I missed the "Vicar of Wakefield," "Cowper's Poems," the "Death of Abel," and several other books, which I had seen there a day or two before - these are the books.

JAMES PERKINS . I am shopman to Mr. Cotton, a pawnbroker. These books were pawned by a person who, I believe, was the prisoner, in the name of John Brown, for 6s., on the 26th of July - I described the person to the officer, and the prisoner was taken - to the best of my belief, he is the person.

Prisoner. I leave myself to your mercy.

GUILTY . Aged 22. - Transported for Seven Years .(See page 646.)

Reference Number: t18340904-172

1389. GEORGE RIDLEY was indicted for stealing, on the 2nd of August , 9lbs. of gun metal, value 6s.; and 8 metal cocks, value 4l.; the goods of Alexander Galloway , his master .

MR. JOHN ALEXANDER GALLOWAY . I am the son of Alexander Galloway; he is an engineer , and lives in West Smithfield - the prisoner was storekeeper in his employ, till the 2nd of August - he had the care of about thirty brass cocks, which I had seen safe about a month previous- on the 2nd of August I accused the prisoner of having taken these, in consequence of having missed a piece of metal - and he admitted, after a great deal of hesitation, that he had taken six or eight of those cocks - they were similar to this one.

Cross-examined by MR. DOANE. Q. I suppose you had a great deal of conversation with him? A. I charged him in consequence of losing some gun metal - I then found

the drawer where these cocks had been was perfectly empty - I did not say it would be better for him to tell me - I said, "This drawer was full of cocks, and they are gone" - he then said, "I have taken from six to eight."

COURT. Q. Did you say any thing more? A. No; only expressing my belief that he had taken other things - he had no authority to take them - he said he took them to pieces to make them more portable, and he had sold them.

Cross-examined by MR. PHILLIPS. Did you say one word of that before the magistrate? A. I am not certain, but my father did - I was sworn to tell the whole truth - my deposition was read over to me - I was not asked if I had any thing to alter or to add to it - the clerk gave me the paper, and told me to read it and sign it, which I did - I will not swear whether the clerk asked me if I had any thing to add to it - my father swore that the prisoner said that he took them to pieces for the purpose of taking them off - I don't know whether that was taken down - I think my father stated that - I will not swear that he did - my impression is that he did say it.

MR. ALEXANDER GALLOWAY. I was present when my son brought the prisoner into my counting-house, stating that he had missed a number of cocks, and the prisoner had admitted he had taken six or eight, and sold them to some man in Turnmill-street. I expressed my astonishment that a youth like him should have so degraded himself as to take property with which he had been intrusted, and I asked him how he took them - he said he had separated the parts and taken them in his several pockets.

Cross-examined by MR. PHILLIPS. Q. Was the officer present at this conversation? A. No; my son and the prisoner and myself were present when he stated this, and asked for mercy and forgiveness - I then sent for the officer, and he never denied any statement that he had made in the presence of me and my son.

DAVID HAYNE . I am in the prosecutor's employ - I was in the brass-foundry, and missed the piece of gun metal - I asked the prisoner if he had taken it away - he said "No" - I came down to the iron-foundry, and asked my father about it - I then spoke to the prisoner again, and he went down some steps and got it.

Cross-examined by MR. DOANE. Q. If he had not done so, you would not have found it? A. No.

Prisoner's Defence. I am innocent of this charge - to say that I acknowledged it, is utterly false - I never did so. Mr. John Galloway has had a hatred against me for this last year, and said he would get me out of the counting-house if he could.

MR. JOHN ALEXANDER GALLOWAY. I have no such thing, he has been seven years in our employ.

(Mr. Gilbert Hutchings , of Essex-street, Hannah Hayes , and Thomas Andrews , gave the prisoner a good character.)

GUILTY . Aged 20. - Transported for Seven Years .

Reference Number: t18340904-173

OLD COURT. - Tuesday, September 9th, 1834.

Second Middlesex Jury, before Mr. Common Sergeant.

1390. GEORGE WHITCOMB was indicted for stealing, on the 29th of August , 1 pair of breeches, value 5s., the goods of Thomas Farquhar Chilver ; and 1 pair of trowsers, value 18d.; and 1 shirt, value 1s. ; the goods of George Halliday ; to which indictment he pleaded GUILTY . Aged 38. - Transported for Seven Years .

Reference Number: t18340904-174

1391. SARAH LAWRENCE was indicted for stealing, on the 15th of May , 2 sheets, value 10s.; 2 yards of silk, value 6s.; 1 shift, value 4s.; 1 1/2 yard of linen, value 1s.; 2 petticoats, value 3s.; and 1 apron, value 6d. ; the goods of Ann Lemon .

ANN LEMON. I am a monthly nurse . The prisoner did needle-work - I lost some things from my trunk - the sheets were between the bed and the sacking, and the trunk under the bed - the prisoner lodged in the house for about six months.

JOHN WOODS . I am a policeman. I received information of the robbery, and went to the prisoner's lodging in Salisbury-street - I said, "You are charged with stealing a sheet, some linen, and other articles: I shall take you to the station-house" - she said, "I am quite innocent, I will go with you" - I took her to the station-house - I received this shift, which I took to Mrs. Lemon - it was found on her person.

Cross-examined by MR. BODKIN. Q. She lived at a different place to the prosecutrix? A. Yes; at that time, about a quarter of a mile off.

ANN LEMON re-examined. I am certain that is my shift.

Cross-examined. Q. The shift was in a trunk - I cannot exactly say when it was safe - I have only one more like this - I had seen it about three weeks before, and all my things safe - my father takes care of my room when I am out to nurse - he is frequently out, and he is childish - he is eighty-two years old.

FRANCES BRADSHAW . I found the shift on the prisoner's person.

GUILTY of stealing the shift . - Transported for Seven Years . (See page 686.)

Reference Number: t18340904-175

1392. EDWIN HOBSON was indicted for stealing, on the 4th of August , at St. Leonard, Shoreditch , 6 sovereigns; 9 half-crowns; 1 shilling; and 1 box, value 1d.; the goods and monies of William Bennett , in his dwelling-house .

JANE BENNETT . I am the wife of William Bennett, and live in the parish of St. Leonard, Shoreditch - we let lodgings - the prisoner came to me on Thursday, the 30th of July, from the fever hospital, and asked me to accommodate him for a week, till he could write home to his mother for money to take him home - I consented, and on the 4th of August, at half past nine o'clock in the morning, I put the money, named in the indictment, into a box, in a handkerchief - the prisoner was not there then - he had been ill all night, and I had been up with him - I went out of the room into the one pair of stairs room, and received the remainder of my money to make up my rent - I was not more than five minutes out of his room - when I returned, I missed him - I opened my drawers to take the money out, and missed it - it was in the second floor room - I ran down stairs and made inquiry for him; he was not there - I afterwards saw part of the box in which the money was de

posited - nobody but him could have taken it, they had no time - I lost 7l. 3s. 6d.

Cross-examined by MR. DOANE. Q. Was he in the room when you put the money into the box? A. No; I have four or five other lodgers - none of them were present when I put the money there.

WILLIAM STOTTER . I am a policeman. I received information of this, and went in search of the prisoner - on Monday, the 4th of August, about half-past seven o'clock in the evening, I found him in the Red Rover, Manchester coach, at the Angel, where he had booked his place for Birmingham - I took him out of the coach, and told him it was a bad job - he said it was, if they could prove it against him - at the watch-house I found 4l. 19s. 4 1/2d., and part of the box on him - I found a purse with the silver and halfpence on him - the four sovereigns were in the box.

Cross-examined. Q. Did he account for the possession of the money? A. He said he met a butcher that day, who paid him 6l. for some razor strops he had made for him some years ago - I asked where the butcher was - he said he went to sea directly he paid him the money - I have inquired, and find he was in the habit of making razor strops for different houses.

ELLIS DRING . I am book-keeper at the Bell Sauvage. On Monday evening, the 4th of August, about half-past four o'clock, the prisoner came into the office, and asked if we had an outside place to Sheffield - I said, No; there was an inside place - he said he could not afford that - he came again at six o'clock, and took an outside place on the Birmingham coach - he paid me a sovereign, and about a quarter to seven he came, and asked if he could have an inside place, as he was very unwell - he gave me a half-sovereign and half-a-crown, and went inside.

JANE BENNETT re-examined. I swear this is part of the box the money was in - here is the top of it - he left that behind.

Prisoner's Defence. The sovereigns were in the purse when the officer found it - he put the sovereigns into the box and the silver into the purse.

GUILTY . Aged 18. - Transported for Life .

Reference Number: t18340904-176

1393. MARIA DALY was indicted for stealing, on the 10th of August , at St. Mary, Islington , 4 shifts, value 12s.; 4 handkerchiefs, value 16s.; 1 shawl, value 10l.; 1 veil, value 1l.; 2 night-gowns, value 3s.; 3 watches, value 8l.; 4 necklaces, value 7s.; 1 pair of ear-rings, value 1l.; 9 gold rings, value 7l.; 2 bags, value 9s.; 1 parasol, value 10s.; 1 box, value 1l.; 2 feathers, value 5s.; 2 fans, value 10s.; 12 yards of silk, value 30s.; 1 grater, value 10d.; 4 lockets, value 2l.; 7 brooches, value 4l.; 1 pair of bracelets, value 5s.; 1 eye glass, value 5s.; 6 seals, value 1l.; 4 pair of stockings, value 5s.; 1 pair of gloves, value 6d.; 6 sovereigns, and 2 £5 Bank-notes, the goods and monies of Mary Stalker , in her dwelling-house .

MARY STALKER. I live in the parish of St. Mary, Islington. I rent a first floor - the landlord lives in the house - the prisoner lodged in the parlour for six or seven weeks - she passed as a dress-maker - I gave her two dresses to make, and we became intimate, and I asked her to tea two or three times - I lost, out of my bed-room, all the property named in the indictment - it is worth nearly 40l. - I gave information to the officer, and it was found in Pembroke-square, Kensington.

Cross-examined by MR. STAMMERS. Q. What do you mean by saying she passed as a dress-maker? A. I never saw any dress but what she made for me - I have reason to believe she only pretended to be a dress-maker - she did not make my dresses well - our intimacy was very trifling - she is not related to me - I had not made any disposition of my property in favour of any body in case of my death - I never lent her two 5l. notes - I never claimed any property which turned out not to be mine.

GEORGE HAVILL . I am a policeman. I received information of this, and found the prisoner at No. 2, Pembroke-square - I asked her if her name was Maria Daly; she said it was not - I asked if she ever lived at Islington; she said,"Never" - at last she acknowledged that she was Maria Daly, and said the property I was in search of was in two boxes, in the room which she pointed out - I took the boxes to the station-house, opened them, and found the property - I said, "There is not half the property here" - she handed me two duplicates of the silk and silk handkerchief, and said if I went back I should find the rest - I went, and found the watches and jewellery.

Cross-examined. Q. Did she say she bought any of the property at Bailey's, in St. Paul's Churchyard? A. Never.

THOMAS MORRIS HARVEY . I am a pawnbroker, and live in High-street, Islington. I have twelve yards of silk, and a handkerchief, which were pawned by the prisoner on the 7th and 9th of August.(Property produced and sworn to.)

Prisoner's Defence (written). In the manner detailed in the evidence, I became acquainted with Mrs. Stalker, who readily threw in my way every allurement, even the first night of my taking to the lodging, which I had engaged for my business - a short acquaintance with her established in my mind a sincere regard for her, which seemed reciprocal on the part of Mrs. Stalker, who not only confided in me the most unbounded confidence, but actually assigned to me, verbally, those things which I am charged with stealing, and a great many others which never were in my possession, and, under that idea, however mistaken it might have been, I took these things from her residence - the silk in question, with other articles used in my business, I purchased at Bailey's, in St. Paul's Churchyard, and who have stated to a messenger, that they have a corresponding entry, though not exactly to the same amount, which, from my purchasing several articles at the time, I cannot precisely recollect.

GUILTY of Stealing, but not in the dwelling-house .

Aged 22. - Transported for Seven Years .

Reference Number: t18340904-177

1394. CHARLES OLLIS was indicted for stealing, on the 25th of August , 7 sovereigns, 7 half-crowns, 1 shilling and sixpence, and 15 halfpence, the goods of Charles Ubsdell , in his dwelling-house .

CHARLES UBSDELL. I am a woollen-draper and tailor , and live in the Commercial-road - the prisoner was my shopman for about four months - he lived in my house - it is my dwelling-house - in consequence of missing money from time to time out of the till, on Friday, the 22nd of August, I marked three half-crowns and three sovereigns, and put them into the till - the prisoner had no business

whatever at the till - he went out on Sunday, after dinner, and returned about ten o'clock at night - I sent a lad up, who used to sleep with him, to see him into bed - I had searched my till just after he went out, and missed about £7 or £8 - all the marked money was missing - when he came home he went to bed, and soon afterwards I sent my wife and servant into the room - she brought out his waistcoat and breeches, and in his pocket were found one marked sovereign and one half-crown - I called in a policeman - I awoke the prisoner, and he said he had no money whatever, either of mine or his own - I had found it then.

JANE UBSDELL . I am the wife of the prosecutor - I and the servant went into the prisoner's room, and brought out his waistcoat and breeches - the whole money named in the indictment was found in his pockets, seven sovereigns, seven half-crowns, a sixpence, and some halfpence.

JAMES AUSTIN . I am a policeman. I apprehended the prisoner, and have the marked money.

CHARLES UBSDELL re-examined. This is the money I marked - I missed all the money at the same time - I cannot say whether it was all taken at the same time.

Prisoner's Defence. I received the money at Bath, in February last; £5 I had there, and four sovereigns I had saved up at my former place - I wrote a letter to Bath, and have received one back - my mistress's sister paid me the money - I do not recollect saying I had no money about me; but I was not sober.

GUILTY of stealing to the value of 99s. only . - Transported for Seven Years .

Reference Number: t18340904-178

Before Mr. Recorder.

1395. GEORGE STUART, alias JOHN GEORGE STIPLER , was indicted for feloniously being at large without lawful cause, he having been convicted of felony, and ordered to be transported for the term of his natural life .

MR. ADOLPHUS conducted the Prosecution.

MR. JOHN STAFFORD . I produce a certificate of the conviction of George Stuart - I saw it signed by Mr. John Clark , the deputy clerk of assize of the home circuit - I obtained it at his office from himself (Read.)

JOHN SMART . In 1817, I was keeper of the County Gaol, at Horsham - in the spring assizes, that year, George Stuart was committed to my custody - he was tried at the spring assizes that year, and pleaded guilty to the indictment - he was afterwards reprieved, and I put him on board the Captivity, off Portsmouth, on the 6th of May - I have an acknowledgment, which I took from the hulk, for him among other prisoners whom I delivered there - I cannot recollect who gave me the receipt, but I had it on board the ship.

Q. Allowing for the change seventeen years make in a man, look at the prisoner, and tell me whether you believe him to be the man? A. I am inclined to think so, but I should not like to swear it - seventeen years is a great while.

JOHN NEWMAN . In 1817, I was guard on board the Captivity hulk - I am now chief mate of the Leviathan - I remember Smart bringing a number of transports on board our ship, from Sussex - this is the receipt given for them - I have a perfect recollection of the prisoner - I have not a doubt of his being one of the men brought by Smart on that occasion - he was sent to New South Wales, in the ship Lorkins - I speak from a perfect recollection of his person - he is the man and no other.

Cross-examined by MR. BODKIN. Q. Do you go out with convicts? A. Not now - I did then - I did not go out of the country with the Lorkins - he was on board the Captivity from the 6th of May till the 11th of July - and then went in the Lorkins - I cannot tell how many men there were - they were brought at different times - I cannot tell how many were brought at one time - Smart and other people brought them, but generally Smart - he always had assistants with him - I cannot say whether he always came - I am certain Smart came when Stuart came - I cannot exactly remember the names of the others that came - I remember the person of Richard Stuart, who came with him - there was something remarkable in it, as they were supposed to be soldier officers - their manner, dress, and appearance, were respectable, and they were particularly noticed - many persons came to see them.

Q. Have you ever stated that Stuart had a wen on his hand? A. I have said so - according to the written description given, it was so, but a wen can be removed without incision - there was a projection on his right hand - that I have a distinct recollection of - he had a projection, whether from a strain or not, I cannot say - I do not know that I ever said myself that it was a wen - it was entered in the description book as a wen, by the steward of the ship - I have looked at the description book since my attention has been called to the prisoner, but I had a perfect recollection of him before that; and having seen it in the Hue and Cry, I was first applied to about this, in July last - I had not then seen him for seventeen years - I saw him in Newgate on this charge, not before - I was not in London till I was called on this occasion - I should think not less than 8,000 male convicts have passed through my observation since 1817.

MR. ADOLPHUS. Q. I presume Smart only brought the convicts from Sussex? A. Certainly, no others - he brought the Sussex convicts generally, and I believe always - I never had the least hesitation or doubt of the prisoner - when I heard he had escaped from New South Wales, which was about 1829, I said, I should know that man again, see him whenever I might - I believe it was 1829.

MR. BODKIN. Q. Do you remember seeing him in Newgate? A. Yes; I saw him in the presence of Mr. Cope, in July - I said, in Mr. Cope's presence, that I should know him by a wen on his hand.

Q. Did not you speak with hesitation about his identity until you looked at his hand to see if there was a wen? A. No; at his first appearance, I said, "That is the man, I will swear to him" - I had no hesitation about him - I said I should know him by the wen, but as soon as he entered the door, I said, "That is the man, I will swear to him" - it was before that, I said I should know him by the wen on his hand - I believe it was before I saw him, I said so - I examined his hand to look for a wen, after I had expressed my confident opinion that it was him.

MR. ADOLPHUS. Q. Was there a wen on his hand when you examined him? A. No; I had not the least doubt of him - I know him by his face and his make, independently of the wen.

MR. BODKIN. Q. Is there, according to the practice, a reward given on conviction of persons under these circumstances? A. I am not aware that there is, I have no knowledge of it - I have never been on a trial of the sort - I am certain there is no reward for me - I have heard of rewards being given, but I do not know it for a fact - I never knew any one receive it - I do not expect to get one farthing.

JOHN BARKER . I am a policeman. I apprehended the prisoner in High-street, Shadwell, in Middlesex.

Prisoner's Defence. The time from the first conviction of the individual named, is seventeen years - there is no evidence but the guard - you have heard his observation as to not expecting a reward: till that question was put, it must have entered your minds that he was influenced by the hope of reward or favour of some kind - how is it to be supposed that a man can take on himself, after seventeen years, to swear to an individual he never saw since? - would any of you gentlemen do it? and, if not, you ought to consider that no other man could conscientiously do it - therefore you will be pleased to weigh the matter in your minds - here is an elderly man, whose foot is on the border of the grave, he will not attempt to do it; but the other man is in the habit of guarding felons, and has become as callous as any of them.

JOHN CARPUE , Esq. I am a surgeon.

Q. In your judgment, can a wen or excrescence be moved from the hand of a man, without leaving some mark? A. I have paid great attention to such cases - I must say, though surgery has advanced very much indeed, we have not the art of disguising an operation, so much as to leave no mark - it is my decided opinion if a wen is taken off, you must see a mark.

Q. Supposing it was a swelling, which exhibited a general appearance of a wen to an uninformed person, might that be removed without a mark? A. Certainly; I am assuming there was a wen; then there must be an incision.

MR. ADOLPHUS. Q. An ignorant person might call that a wen which is not one? A. Certainly; all I say is, if there was an incision, there must be a mark - there has been no operation on the prisoner's hand.

JOHN NEWMAN re-examined. When the convicts are brought on board, they are generally examined by a surgeon, but not so particularly at that time as they are now - the description entered in the book is done by the surgeon.

MR. ADOLPHUS. Q. Whether it was a wen do you know? A. I do not - the steward keeps the book - I recollect a projection on the back of his right hand, but I think it must have been a sprain.

MR. CARPUE. A wen may be taken up into the system, and not be taken off by an operation.

NOT GUILTY .

Reference Number: t18340904-179

1396. WILLIAM SMITH was indicted for feloniously breaking and entering the dwelling-house of Jane Alice Sarjant , on the 20th of July , at St. John, at Hackney , and stealing therein, 4 sovereigns, 1 half-sovereign; and 6 shillings; the monies of Elizabeth Ward .

ELIZABETH WARD. I live in the service of Mrs. Jane Alice Sarjant, of No. 6, Clapton-square, Hackney - she is a widow - I went to church on the 20th of July, with my fellow-servant , leaving the house safe, and the doors and windows shut - my mistress occupies the whole house, it is her dwelling-house - when I returned, I observed a square of glass broken over the area door, it was a half-glass door - on entering the house, I found the lid of the plate chest partly open, and an urn rug and two mats removed - I missed from my box in the top room, four sovereigns and a half-sovereign; and 6s. or 8s. in silver from the kitchen drawer - the prisoner was employed to go on errands, and clean shoes - he has seen me go to the chest of drawers, or between the two kitchens, for money - a person could put their hand in through the glass, and unlock the door - I found it locked - they could lock it again.

Cross-examined by MR. BODKIN. Q. Which door of the house did you come out at to go to church? A. The hall door, not the area door - I am sure I locked the door- the key was left in the lock at a quarter past three o'clock - when I went to church, I left nobody in the house.

JOSEPH FOSTER . I am pot-boy to Mr. Fiddes, at the King's Head public-house, at Hackney - on Monday evening, the 21st of July, the prisoner came to me, and asked me to mind four sovereigns for him, which he gave me - he said he took them for a washing bill for his mother, at Shacklewell - he came next morning at seven o'clock, and I returned them to him - at eight o'clock he came, and asked me to mind them again - I refused, and about eleven o'clock he said he had lost them.

TIMOTHY RAIRDON . I am employed as a copper-plate-printer, at No. 102, Fetter-lane. On Wednesday, the 23d of July, the prisoner came to my employer's, and said he had hid four sovereigns, and a person had told him that I knew where he had hid them, and that I had taken them - I asked him who the person was - he would not tell me - I put on my coat, and went with him as far as Hatton-garden, and then he wanted to leave me - I said, if he did, I would give him in charge of a policeman - he went on with me to Hackney, and then wanted to leave me - I met policeman Gillett, and told him, and he took him - he told Gillet he had hid them in the skittle-ground at the King's Head.

Cross-examined. Q. What are you? A. An apprentice to a copper-plate-printer - I have no master now - I work for Mr. Tomlinson - at the time in question I worked for Mrs. Kelly, in Fetter-lane - I was not in the skittle-ground when the prisoner and Foster were together - I was in the house, washing my face and hands - I know nothing about the sovereigns being in the skittle-ground - he charged me with stealing them - I went into the skittle-ground after he had been there - I did not see any place which had been dug - I never saw the sovereigns - I have been in Clapton-square - I do not know Mrs. Sarjant's house, to my knowledge, but I dare say I may - I live in Well's-street, Hackney; when he charged me with stealing the sovereigns, I said I would go and see it put to rights, but he would not tell me who said I had taken them.

WILLIAM ROBINSON . I am apprentice to Mr. Webb, a carpenter, at Hackney - on Sunday afternoon, the 20th of July, at half-past four o'clock, I saw the prisoner in Hackney church yard, about a hundred yards from Clapton-

square - he asked me where I was going - I told him no where particular - he asked me if I would treat him - I said I had no money to treat him with - he said then if I went with him to Hackney he would treat me - I went with him into the churchyard, and looked at the graves - he gave me two bottles of ginger beer, which he paid 3 1/2d. for.

Cross-examined. Q. Did you know where he lived? A. In Collect-street, about a quarter of a mile from the church.

ELIZABETH WARD re-examined. I returned from church about five o'clock.

Cross-examined. Q. Do you know before this, that the prisoner had been sent with a considerable sum of money, and delivered it faithfully? A. Yes, I do; I do not know the exact sum - it was on the 16th.

WILLIAM GILLETT (police-sergeant N 19). On Wednesday, the 23rd of July, I met the prisoner and Rairdon in Church-street, Hackney - Rairdon told me in his presence he had been accusing him of stealing some money which he had hid - I asked how much - the prisoner said it was four sovereigns, which he had hid in the skittle-ground, at the back of the King's Head - I asked him to show me where - he took me to the skittle-ground, and showed me a small hole, where he had hid it - I asked how he became possessed of so much money - he said he received four sovereigns from Taylor, on the previous Tuesday week, to mind for him - I took him in charge.

Cross-examined. Q. Do you know he had been sent for the day after the robbery, and came voluntarily? A. He came there with one of the servants - before I saw him with Rairdon.

JOSEPH TAYLOR . I am a servant out of place, and live at Homerton - I have known the prisoner some time - I never gave him any money to mind for me, nor did he ever give me any.

JOHN BEDFORD . I am an Inspector of police. I found the prisoner at the station-house on Monday night, the 21st - I searched him, and found two half-crowns, four sixpences, a shilling, and a foreign coin.

ELIZABETH WARD re-examined. I lost two half-crowns - I do not know whether there were two or three shillings.

ANNA MARIA SMITH . Mrs. Sarjant is my sister-in-law - I lived in her house - I was down at Ryde, and left in the house a silver foreign coin in my writing-desk - on my return it was gone - it is called a Demerara bit.

JOHN BEDFORD. I returned the coin to the prisoner - I took it to the prosecutrix's house first, but the servant did not know it, and the family were out of town.

Cross-examined. Q. Did you send a message to his house desiring him to come to the station-house? A. No; I left word with one of my serjeants that I wanted him - the man who brought him to the station-house is not here - I searched him the day after the robbery - he was allowed to leave, finding nothing about him - he was apprehended on the Wednesday - the house is in the parish of St. John, Hackney.( Maria Kingham , No. 30, College-street, Homerton; William Ashton , Canning's Head, Sidney-street, Commercial-road; James Jay , upholsterer, Hackney; Samuel Rudall , Mare-street; and Jonas Nash , publican, gave the prisoner a good character.)

GUILTY - Aged 21. - Recommended to mercy .

Confined One Year .

Reference Number: t18340904-180

1397. PATRICK CADEGAN was indicted for feloniously killing and slaying Timothy Brien .

EDWARD CUPPLES DILLON . I am a surgeon, and live in Clark's-place, Islington. On Sunday, the 17th of August, I was called on to see Timothy Brien - he was then dead, but not cold - I should think he had been dead about five minutes - I opened a vein in his arm, the blood was rather thick - I squeezed out about an ounce - I examined the body next day with Mr. Bateman - I found a swelling under the right ear, and his back was rather of a livid colour, and so was the face - I removed the integuments of the head, and found the upper part of the temporal muscle had a kind of bruise, and an effusion of blood under the right eyebrow - on removing the top of the skull there was nearly half a pint of blood flowed out on the floor - I found a quantity of coagulated blood over the brain, and at the base of the brain, and down into the spinal canal - the muscles of the neck appeared to have an effusion of blood over the jugular vein, over the right ear - in my judgment his death was produced by external violence - it struck me it was by a blow - there was an abrasion of skin over the right ear - this was likely to be caused by a person fighting.

THOMAS COSTELLO . I am a labourer, and live in Parcels-court, Islington - I knew Timothy Brien - he lived near me, and was about 34 years old - I saw him coming down the court where I live, with a man named Dunn - they were leading him to his own house - he seemed unwilling to go in - Dunn got him in - I saw the prisoner come and say to him, "Timothy Brien, what have you got to say to me?" and then strike him in the forehead - the prisoner then went away - the blow did not knock him down - the deceased, at that time, was leaning out of his own window on the ground floor - after being struck he came out and followed the prisoner, who went away - the deceased seemed rather intoxicated - Dunn wanted him to go in doors, and they had a bit of a scuffle, and made a blow at one another, but he did not appear hurt - he had been at the window two or three minutes when the prisoner came and struck him.

JOHN TIGHE . - I am a shoe-maker, and live in George Yard, Islington - the prisoner lodged with me - on Sunday, the 17th, I saw the deceased come down George-yard - the prisoner came in to me about three o'clock, and told me the deceased was following him down - that they had had a few words - I went to the door and told the prisoner to stop in doors, and I would not let the deceased in - I saw the deceased's wife trying to take her husband home - he knocked her about a good deal, and came to my door and wanted to get in, but I stood at the door, and would not allow the prisoner to go out, or him to come in - his wife assisted me, and he gave her two blows on the cheek - the prisoner was inside, and wanted to get out at the deceased, and at last he got out at the side door, came up to the deceased, and gave him a blow on the right side of the head, and he fell with the blow - he only struck him one blow then, and returned in-doors directly - the deceased's wife was pelting the prisoner with mud, and he went in at the door- I saw Brien fall a second time on his knees and hands, and heard of his death in about a quarter of an hour - I did not see him dead.

Prisoner. Q. Did not he demand to get out at me?

A. Yes, he said he would get out and knock the b - b-s head off.

JURY. Q. How was the deceased standing when the prisoner struck him on the right ear? A. His face was turned away from him - he was looking in another direction - he did not see the prisoner coming out.

JOHN Mc GRAH . I was at Mr. Tighe's house when the deceased was there - I was standing facing Tighe's house - I saw Tighe with his arm across the door, and his legs across to keep the prisoner in - the prisoner came out at the side door, as the deceased was looking down the other way, and as the prisoner came out of the house at the side door, he buttoned up his coat and sprang at the deceased and hit him under the right ear - he fell on the ground and was picked up - he fell on his knee and arm again, and afterwards his wife threw some mud at the prisoner and hit him over the nose. I did not see the prisoner any more - I afterwards went with the policeman to look for him, and at two o'clock next morning the policeman came to my house - I went to the station-house, saw the prisoner, and said he was the man - I afterwards saw Brien dead at his own house, and saw Mr. Dillon in the house - the body he looked at was the body of Timothy Brien - the prisoner was sober - the deceased was very much intoxicated.

MARY MAGNER . I am a widow, and live in Walter's-court, Islington - I have known the deceased five years - I saw the prisoner come down the court, and saw Brien at his window - he gave him a blow on the head as he was at the window - he came up the court quite quick - Brien came out in a very short time and walked up the court - I walked after him - he looked to the right and said to me, "Where is he?" - I said to Brien, "He is gone down Ashley's-court"- he went off and turned down George-yard - I turned back to his wife and said, "Don't let him go down there - there will be murder." She went down the court, and I went down after her - Brien was standing there - the prisoner came out at the side door, and gave him a blow on the right side of the head, and he fell - his wife took up some mud and threw it at the prisoner - I looked at Brien and said to his wife, "Go and call the police for he is a dead man" - I observed the manner in which the prisoner slipped out at the side door - the deceased could not see him till he received the blow - he was not aware of it in the least - he seemed quite intoxicated - the prisoner was sober - I left the court, and saw no more till Brien was taken home.

PATRICK DUNN . I live in Parcel's-court, Islington. The deceased lived about ten yards from me - I saw him on Sunday, the 17th of August, at the Blakeney's Head public-house, at the top of the court, having a drop of beer - I went and saw the deceased and two more men at the bar, having a pot of beer together - we had not finished it when the prisoner came in, and had some beer with the deceased - the deceased said to the prisoner, that he knew some of his signs belonging to the Union - the prisoner said he did - Brien said he was a b - liar - they had some words, and wanted to fight in the public-house - I interfered, and then Brion wanted to fight with me - he was drunk and quarrelsome - I then walked into my own place, and in about five minutes Brien came to my door, knocked at it, and said, "Come out, you b - b -, and fight me" - I stopped in doors - he came, and said,"Come out, you b - rogue, and fight me" - a crowd came round the door - I came out, and took Brien home to his own door - he expressed himself again after a low manner, and tore my coat into bits, and said I should fight him; and then he and I had a row between us and fell to the ground - I struck him open-handed, and put my arms round him, and shut him in his own house - he returned to his own window, and said to me, "Mind, go to bed, and be up at six o'clock in the morning, and fight me" - I said, "Go to bed, and in the morning both of us will forget it" - the prisoner came up, and made a blow at the deceased in his own window - he walked away - the deceased came out of his own house, and followed him forty or fifty yards, down to where he lodged - I walked into my place, and saw no more, till he was carried home by a man - the deceased was not hurt in the scuffle with me - I struck him open-handed, merely to get him into his own house.

Prisoner. Q. Did he fall from any blow he received from you? A. No; only by laying hold of his collar, and bringing him to the ground - it was not the effect of a blow; I pushed him down - it was not with violence - I put him into his own house, and shut the door - he did not give the prisoner any further provocation than calling him a liar - he wanted to strike him, but I prevented him, and got him out of the house.

JOHN HALL . I am a sergeant of police, No. 3. I apprehended the prisoner in Black Horse-fields.

EDWARD CUPPLES DILLON re-examined. I attribute the death of the deceased to the last blow he got, under the right ear - I think, from the manner that was given, and the appearance his head exhibited, and the state of intoxication he was in, that caused the death - extravasation of blood would follow more readily from the state he was in - I think the blow must have been violent, from the effusion of blood I found under the muscles.

GUILTY . Aged 24. - Confined Two Years .

Reference Number: t18340904-181

1398. HENRY FRAMPTON was indicted for stealing, on the 5th of July , at All Saints', Poplar , 288 printed books, value 88l.; 84 maps, value 24l.; 4541 sheets of printed paper, value 30l.; 191 quires of printed paper, value 30l.; 64 engraved impressions of the works of Hogarth, value 6l.; and 1 sheet of Metcalf's tables, value 9d.; the goods of Robert Baldwin and another, his masters ; and WALTER GILCHRIST WHICKER was indicted for feloniously receiving the same, well knowing them to have been stolen , against the Statute.

3rd COUNT, charging Whicker with feloniously receiving the same of a certain evil-disposed person, against the Statute.

MESSRS. BODKIN and DOANE conducted the Prosecution.

SAMUEL CHRISTOPHER EVANS . I am a Thames police-surveyor. On the 5th of July, in consequence of information from Mr. Jackson, I went to the George public-house, Commercial-road, with Fogg, a brother officer, and there apprehended the prisoner Frampton - he asked what he was charged with - we told him with stealing a quantity of books from Baldwin and Craddock's - he asked me if it was for stealing any particular quantity, or whether it was for stealing them generally - I said I did not know, that Mr. Jackson would be at the office and make his charge against him - I took him to the police office - I made him no promise or threat - on our way to the station-house, before

I met Mr. Jackson, he said it was trouble had brought him to all this - he was detained until Monday morning, the 7th; I then took him to the police-office - Mr. Jackson was there, and said, "Why, Frampton, I am sorry to see you in this situation; it is a duty you owe to Baldwin and Craddock's, to society, and to the young men in their employ, to disclose the whole transaction" - Frampton said,"I wish to keep nothing secret - I wish to tell the whole truth and keep nothing back" - Mr. Jackson said it would save the officers trouble if he would tell them where the things were - he did not say that i'n a manner of encouragement, or solicitation; he said it straight-forwards, as one man would to another - Frampton said he would tell him where the things were - nothing was said to induce him to think it would be better for him to say any thing.

JOSEPH JACKSON . I am in the employ of the prosecutors. I saw Frampton, and said to him that I was sorry to see him in that situation, and the only reparation he could make to his employers, to society, and to the persons in their employ, was a full disclosure - he said, "It is my intention to do it; I have sent to Baldwin's to that effect - but I must tell you I have employed Mr. Hobler to attend for me" - I do not remember making any reply to that - I believe, I said, "Where are the Hogarth's prints you took?"

MR. PHILLIPS. Q. Was not your manner that of encouragement to him to make a disclosure? A. Decidedly not: I had no intention to inspire any hope in his mind that mercy would be extended to him - my only motive was that he should retrieve himself; but not that the law should not take its course.

SAMUEL CHRISTOPHER EVANS re-examined. Mr. Jackson asked him where Hogarth's prints were, saying it would save the officers trouble if he told them where the things were - upon that Frampton said they were in a case on the wharf - he did not think the case was yet shipped - that it was No. 6 case - after that, in consequence of information, I went to the prisoner Whicker, at Stebon-terrace, at the back of the London Hospital, not a great way from the docks - he was in a ready-furnished apartment there - when I took Frampton into custody, there was a young man with him, who he said was his brother - I went to Whicker about two hours and a half or three hours after I apprehended Frampton - I found there the same young man (Frampton's brother) and a young woman, who Frampton said was his wife, they were with Whicker - I told Whicker he had got a box there belonging to Frampton, and asked if he had beard the difficulty Frampton was in - I said, "I suppose you have heard about Frampton" - he said, "Yes" - I opened this deal box there - Fogg put some questions to Whicker - Whicker said he had some books on board the Britomart, and he said he had often given Frampton money to buy books, for he had known Frampton from his childhood - that he knew he was in a bookseller's shop, and thought he could get books cheaper, being in the trade - he said he was going out to Sydney, and meant to take Frampton out as his clerk - I do not recollect his naming any body else who had books there that night - on the 7th of July I went on board the vessel, and Whicker met us there by appointment - while we were on the deck together, Whicker said there were two cases in the hold belonging to him - I said, "But you have another case on the wharf, Mr. Whicker, which is not yet shipped" - the wharf is at the London Docks - he said, "Oh, yes, there is, there is another case on the wharf" - I said I wanted to see the contents of it - he said, "Very well," and went on shore with me: we went to the wharfingers belonging to the Dock Company - Whicker said he wanted to examine a case of books which was on the wharf - he gave every facility to have it examined - the case was marked"G. W. L., 6" - the dock officer sent a cooper with us to open it, under Whicker's direction - the dock officer asked why he wanted it opened - he said, "I am the merchant - I want to examine the property" - it was opened, and I found a quantity of Hogarth's prints, and some maps, as soon as it was opened - on the next day, the 8th of July, I went there again, and brought away the two cases on board the Britomart, and the case on the wharf, and took them to the Thames police-office - the same cases are now in Court - when we went for the cases on board the ship, we went to the searcher's office - Whicker asked if he could have the seals taken off the packages, as he was the merchant, and wanted to examine them - the searcher looked at some document, and said Whicker's name did not appear - that there was the name of Robinson, and they must have Robinson's consent - Whicker said, "I am the owner of the property, Robinson is my agent, why cannot I see them?" - we went to the Custom-house, and at last the searcher allowed him to open them - we got the cases out of the hold - they were given up to Whicker - the searcher said, "As you appear the owner of the property, I shall give them up to you" - I said, "Now, Mr. Whicker, I must seize this property - I insist on having them opened and detained" - I opened them on board the vessel - one of the prosecutor's men was present, and took up several books, and said he could swear to them - I told Whicker I had found him in possession of stolen property, and the onus lay on him to show how he came in possession of them - I said that without having instructions from any body - he said he could not identify any of them, and said, "Take them to the police-station" - he said, while the packages were on deck, "There is mine, and Frampton's, and the Doctor's all packed together, and it is impossible for me to identify any of them" - I asked him how the doctor could identify his - he said, "The doctor had a catalogue of his"- I expressed my surprise at his not being able to identify his - he said, "They came to my house one evening in a cab when I was out - they were all packed in paper parcels, and were not opened."

Cross-examined by MR. ADOLPHUS. Q. Have you told us every thing that passed at the apprehension? A. I think so - Frampton was not present when the cases were searched on the wharf - some books had been taken out, but the packages were not opened in his presence - some books were produced before the magistrate - they were not shown to him in any other way - he was not present at any of the conversation with Whicker.

Cross-examined by MR. RYLAND. Q. You alluded to the charge made against Frampton when you first went to Whicker's house? A. I did - from the first moment of my interview with him, he knew the charge against Frampton - I saw Whicker on Saturday night, Monday morning, and Tuesday morning - he was twice at the Thames police-

office without any charge being made against him - he kept the Court waiting the third time about half an hour, and then we sent a constable after him - he was committed for trial the third time.

COURT. Q. He kept the magistrate waiting: was he committed after that? A. Yes; he was committed at that examination - I desired to see the contents of the cases before Whicker said what he did to the searcher - it was in consequence of what I said that he endeavoured to have the cases examined.

JAMES FOGG . I am a Thames police-surveyor. On the 5th of July I accompanied Evans to the George public-house, and took Frampton into custody - I was also at Whicker's - Whicker said, on board the Britomart, after opening the cases, that he did not know which books were his - he wished them taken to the office - before they were opened he said they came to his house in a cab, packed in brown paper parcels, and he never saw them opened till they were opened in the vessel - he said he had known Frampton from a child, and he was going out with him as his clerk.

WILLIAM POOLE . I was in the service of Baldwin and Craddock for nearly twelve years and a half - Frampton came into their service some time in August, 1833 - in the beginning of last May Frampton told me he was going out for three or four days - that was a few days before he had asked to go - he never returned into their service - in July last an application was made to me by Mr. Baldwin, in consequence of which I made a full disclosure of the transactions I had been engaged in - I afterwards attended at the Thames police-office as a witness on this charge - I was there shown the contents of the three cases, which are on the floor of this Court - I have looked through them all, with Mr. Jackson - I identified some of the works which I had been concerned with Frampton in taking from the house, but the greatest portion of them I could not swear to - I believe they were all of them such works as the prosecutors had in their possession - a portion of them are in sheets; they were taken at different days and times - here are some of Hogarth's prints which we took from the prosecutor's stock in March - nothing was taken at the same time with them - there are about sixty-four prints - there is one in particular, I swear to as having written on it in pencil,"Cook's plate, Heath's repairs" - (this was found in the case on the wharf) - this enables me to recognise it - they were taken from the prosecutors' premises by Frampton - he had no authority to take them - they were stolen.

COURT. Q. Did you receive any money in consequence of his taking these prints? A. No; I was present when he took them away in a roll under his arm - I gave them to him - in one of the cases was found a list of sheets of imperfections, and some memorandums in my handwriting on it - and there is the Annual Register from 1758 to 1819- they were in the three cases, some in each - I have a memorandum on them, which enables me to recognise them as the property of the prosecutors - I can identify the Encyclopedia Metropolitana, fifteen volumes, quarto boards - I can recognise them as their property - there are three sets of books in quires which I could not swear to: but which I had agreed he should have, "Paley's Works," "Cook's Roman History," and "Mills's India."

Cross-examined by MR. PHILLIPS. Q. Do you know in whose employ the prisoner Frampton was before he went to the prosecutors's house? A. Yes; Mr. Dowding, the bookseller in Newgate-street, who has a considerable quantity of prints and books - I am not aware that he has a number of Hogarth's prints - he has bought a great many things from our house - Hogarth's prints were kept in a room - the door was locked, and I kept the key - the prisoner went into the room with me on this occasion - I let him in - I went to look over those prints for him to have a selection of them - I let him in to steal them - that was not the first transaction - he wanted a complete set of Hogarth - it was his object to steal them as well as mine - I do not exonerate myself.

Q. Was it not to exonerate yourself you gave evidence? A. Partly that, and partly to remove it from my mind - I never shall forget it - I wish to do justice to my employers - I was not taken up myself - I recollect going with my wife, on the 4th of July, to Eliza Harris - Mrs. Hand was present - I knew Frampton was under suspicion when I went to Harris, and that she had been to Paternoster-row - I told Harris that I had lent him Hogarth's prints - I had thought of telling this before he was accused.

Q. Did you not say, in the presence of Mrs. Hand, that you would say you had lent Hogarth's prints to Frampton? A. I think I did say something of the sort, but I thought better of it afterwards - I had helped him to steal them - they acted deceitfully towards me - Elizabeth Harris said,"Oh, I did not know they came from you - I thought they came from a different quarter" - I did not tell Mr. Baldwin that I had lent them to Frampton - I cannot tell why I said I would tell him so - I do not wish to exonerate myself - mine is an waful situation to be placed in - I have turned King's evidence.

Q. Is it not for the pure sake of public justice that you have come here? A. It is both to save myself and for the sake of public justice - I should be sorry to perjure myself - I do not understand the law.

Q. Do not you expect to be saved in proportion as the Jury believe you? A. Yes - I should be extremely sorry to deceive Mr. Baldwin - I never did wrong before, nor since.

Q. Not since the Hogarth prints were taken? A. No; the things are taken in a different arrangement to what I expected - the Hogarth prints was the last trasation - I have had no correspondence with, or any letter from the prosecutors, since I went to gaol - I sent a letter to them, not with an object to get back to the situation - I do not expect to get back - I wrote to them for forgiveness - it was after I was detained in the House of Correction to give evidence, the prisoners were committed for trial - I have come from the House of Correction this morning.

Q. Is the writing on the print your own handwriting? A. No; it is the handwriting of Mr. Ebbs, the person who lived in my situation before - I have sold books to the prisoner, and taken money for them, which money I did not account for to my masters - it was not understood so - he gave me money for books which were to be stolen - I received half the usual trade price, and kept the money.

COURT. Q. Was it half the sale price? A. The sale price is 30 per cent off the selling price, and it was half

that price - they went at half the usual sale price - the sale price is 5 per cent. lower than the trade price - the trade have 25 per cent. off the selling price, and the sale price is 5 per cent. below that - I sold them for half the lowest price, which would be 35l. for 100l. worth.

MR. PHILLIPS. Q. When did you begin to rob Mr. Baldwin first? A. In January - I never robbed my employer before I began it with the prisoner - I am not aware that Mr. Baldwin had complained of losses of books or prints before the prisoner came into his employ - I do not recollect that - I never did a dishonest act till January - I swear I never stole any article before January - it was Frampton urged me to steal at first - I ought to have gone and told my master, but I did not - after two or three times I fell into the project - I was rather coaxed - I was unwilling at first - I refused at first, and said I would not do it - I did not make the proposal to him - I began to take money from him in January - I took some in part of the first transaction - the "Retrospective Review" was the first he had- I never told my master of this till the prisoner absconded - I was never taken up - I was accused of this, and did not hesitate a moment in telling of it - it was from fear I told of it - Frampton had absconded about six weeks before I told of it - I do not know whether I should have told of it if I had not been accused - I felt miserable under it - I think I should have told if I had not been accused - I do not know how soon - it dwelt on my mind very much - I never knew Frampton was going to Van Dieman's Land.

Q. Was not your motive for telling to save yourself? - should you ever have told but for that object? A. That was my object - I was under the prosecutors's roof in the day time during the six weeks - I never saw any prints of of Hogarth brought by Frampton from Mr. Dowding's.

Q. Did you say a single syllable about the robbery of the prints till you heard Harris had gone and made a communication, which would implicate yourself? A. No; it was after she had made a disclosure that I gave information.

MR. BODKIN. Q. You have been asked about other robberies, and you say sometimes you received money from Frampton; on those occasions were the books delivered to him in the prosecutors' house? A. Some were, and some not - he was perfectly aware I stole them from the house - he lived at No. 12, Noble-street - this system began in January - one Saturday he was standing at his desk in the binding department, with the catalogue of our works before him, which was open in a place were the Records of Parliament were mentioned - Frampton said to me, "I understand you are going to waste some of these?" - I said "Yes"- he said, "Can't you let me have a set of them?" - I said"No" - he said, "You could if you liked" - and after a little bit, it was agreed he was to have those which were to be wasted, at 10l. - "wasting" them means selling them as waste paper.

MR. ADOLPHUS. Q. Have you always said January was the first transaction? A. Yes; I remember a trade sale at the Albion in October - I have said, that it was immediately after that sale that I began robbing my masters, but I received no money on that transaction - it was a misunderstanding saying January - I gave my evidence to that effect at the Thames police-office - that was merely the time I received the money - I had robbed my master without being paid for it in October - he asked me for a set of books for his private reading - it was sixteen volumes - he was to keep it - it was sold off cheap at the sale - it was a"turn-out," as we call it - I did not steal them for sale till January.

MR. BODKIN. Q. About how many times did you part with property from your master's house? A. About ten times; it was property that my master intrusted me with- I received some paintings in February from Frampton, valued at 7s. 6d. each - I have delivered those paintings to Mr. Jackson since - he had thirteen volumes of the Records of Parliament, which I delivered all at one time.

JURY. Q. Were Hogarth's prints complete sets, or odd prints? A. Odd plates - there wanted fifty or sixty to complete the set - he had one of each as far as they went - there were sixty-four - the Annual Register was imperfect - they were found in a box - I received a note from him of the imperfection, and it was completed afterwards - I made up the set from 1758 to 1819 - they have an index to that date - it was agreed at 8l. - I was to have received the whole of the 8l., but it was put down with other things, and there was a balance - it was set down in a catalogue at 19l. - that was a lower price than usual.

JAMES HALL . I am an officer of the Excise. On the 12th of May, I attended at Whicker's lodging to pack some books - Whicker was there, and Frampton with him - I saw the books - some on a table, and some on the floor, in the room in which the prisoners were, at No. 7, Stebon-terrace - some of the books were lying open, and some in brown paper - some laid loose on the floor - I attended to pack them to ascertain the weight, that they might receive the drawback when they were exported - the drawback is regulated by the dates of the books - in order to ascertain that, I cut the packages open in their presence - I asked Whicker if he was a bookseller - he said no, he was not" - in order to be entitled to receive the drawback, a person must be in the trade - I asked him whose the books were - he referred me to Frampton - I asked him if he was a bookseller - he said he was in the book line, which answered the same thing - I found a great many second-hand books among them, and said to Frampton, "These books are not entitled to the drawback" - he said, "Throw out any you please"- and I did so - I weighed all the books that were entitled to the drawback - I was there from about ten o'clock in the morning, till about eight o'clock in the evening - it did not take all that time to examine them, but there was a case of stained paper, which I had to cut the ends off - Frampton was not there quite all the time, but he and I packed the books - Whicker had nothing to do with packing the books, but he was backwards and forwards - they were packed down stairs in the yard - Whicker had the opportunity of seeing them - the paper was all taken off in the room in his presence.

Cross-examined by MR. GURNEY. Q. Do you mean he was there all the time? A. All the time the books were being examined up stairs, but not below - he was there - I was attending to my business, and do not know what he was doing, but he was in the room, and it was a small room - any body could see what was going on - the books were on the floor, and on the table - I believe the books on the floor were open, and the others were in brown paper parcels,

about a half cwt. each - I do not know that Frampton lodged in the house, nor that Dr. Hall lodged there, and was going out in the same ship - I understood Whicker to say, some of them were Dr. Hall's works - he did not say"books."

Cross-examined by MR. ADOLPHUS. Q. You were known to Frampton, as an officer of the Excise? A. Yes - I told him I had seen him somewhere before - he said, "Perhaps you have seen me somewhere, "I had seen him frequently at Baldwin and Craddock's, where I frequently go - he had not sent for me himself - the note was written by the agent of the vessel.

COURT. Q. In how many cases were the books packed? A. Two - I sealed them - they were sent to the docks - they went on board ship - I did not pack the one on the wharf.

ELIZA HARRIS. I lived with the prisoner, Frampton, as his wife, at No. 12, Noble-street: about three months ago I went to the prosecutors' with a few books he had made me a present of, and asked them to purchase them - I saw Mr. Jackson - in consequence of what I told him, I went before a magistrate, and was examined as a witness - I have seen Whicker several times - I saw him twice at our lodging, in Noble-street, about two months or more before Frampton went away - I cannot recollect the time - I did not know what he was there about - Frampton was at home - they talked together, but I did not pay attention to it - that was at both the times I am speaking of - Whicker lived in the Strand at that time - I understood he was going abroad - I have seen parcels at Noble-street, but I did not know they were books - I think I have seen some plates of Hogarth's works there - it is no use my looking at them, because I do not know them - I have seen pictures - I do not know that they were Hogarth's - they were these kind of engravings - I have seen Poole in Noble-street, several times - Poole brought a note to me once, to deliver some paintings to him, which I did.

MARY SARAH HARRIS . I live with my father, at No. 12, Noble-street - Frampton and Eliza Harris resided there - Frampton lived there till last May - I have seen Whicker - I only remember him coming once - it was on a Sunday - I think Frampton was at home - I have seen George Harris come backwards and forwards there, and sometimes he brought parcels there.

WILLIAM HARRIS , Jun. I live at No. 12, Noble-street, with my father - I have been in the habit of carrying packages for Frampton - I once took two parcels of books for him to Mr. Reid, of Charing-cross.

JOSEPH JACKSON re-examined. I am accountant to Robert Baldwin and Charles Craddock - I have no share in the business - my attention has been called to the three cases of books - I took an inventory of the contents, and examined all the books and works - Poole made a list of them, under my direction - they are all books which the prosecutors deal in, and they have more interest in most of the works than other booksellers - they are exclusively the publishers of some - some are in sheets - we sell to the trade in sheets - the Annual Register wants some sheets, and at the bottom of one of the cases I found a list, stating the imperfections of it - that list, has Poole's writing on it - I know Poole's handwriting, and believe it to be on that paper - I cannot say which case it was taken from. (This paper being read, contained an account of several sheets which were necessary to complete the Annual Register.) I have looked at these engravings of Hogarth's works; in the early part of this year the prosecutors had engravings of this kind in their possession - here is a pencil memorandum at the corner of one - it is in the handwriting of Mr. Ebbs, who was formerly in their employ - this was not intended to be sold - these plates were kept at the top of the house - a conversation once took place between Frampton and myself respecting these plates, while he was in their employ, (about April) - he stated to me that there was at the top of the house a quantity of Hogarth's plates, which would sell, and it was a pity they should remain in the state they were in, and I went and saw them, and have since looked in the same place, and they are gone - at the police-office, when he was there, I asked him where the prints were which he had taken - he said, "They are in the case, on the wharf"- I believe none of the plates have been sold since he showed them to me - I produce eight paintings, which I received from Poole, in the presence of Fogg.

Cross-examined by MR. CLARKSON. Q. How long have you been in the house of Baldwin and Craddock? A. Nearly twenty years - the stock is very large - I do not know that they missed property before Frampton came into their service - I never heard of such a thing - I never missed any - I believe Poole did not make any statement untill Eliza Harris called at the house - I missed a copy of the Annual Register, because our stock of that is so low - I cannot miss the other things, the stock is so large - I saw Frampton on the 7th of July - I said I was sorry to see him in such a situation - I did not say I thought he had been led into it.

Q. Did you say you knew every thing, and he could hide nothing from you, as you had every evidence against him? A. I think it very likely that I did say it, but I do not know.

Q. Did you not say, before he made any disclosure, that the best thing he could do for himself - the only means he had of saving himself, which indeed he was bound to do, in justice to his employers, and the benefit of mankind, was to disclose every thing? A. Certainly not - I have not a perfect recollection of every word I said, but I can be sure I did not say a certain thing, without recollecting exactly every thing I might say.

Q. Did not you tell him at the same time that Poole was in custody? A. There has been some misapprehension on that point - I do not know whether I did or not - my impression is, that Poole was under the same sort of government as if in custody - whether I told him so, I do not know - it is very likely, if he put such a question to me, I might have said so - I do not think I should have said so if he did not ask - there was some conversation about Poole - Mr. Baldwin had allowed Poole to go home, on the express condition that he should return again - he was not in the custody of the law, I considered him in the custody of his employers.

Q. Will you swear, that, when you knew he was not in custody, you did not represent to Frampton that he was in custody, for the purpose of extracting something from him, to learn more on the subject from him? A. I swear I did not - I say I did not, to the best of my know

ledge, tell him he was in custody; but if such a conversation came up, I might consider him in the custody of the house, for the crimes he had committed - no officer had been sent for, but I considered him in custody, to be called on when wanted - I might have said they felt a desire to punish all parties concerned - I did not say that the object was more to punish the others concerned, than Frampton, nor any thing to that effect.

COURT. Q. Did you ever lead him to think your object was to punish Poole, and induce him to think he would be favourably dealt with? A. Certainly not; I said every thing was known - he said, "I intended to make a disclosure, and have sent to Mr. Baldwin to that effect" - I told him it was his duty to make a full disclosure, therefore I cannot say I held out no inducement to him - I said we had evidence against him, for Harris had given full information - I had no object to extort confession - my object was that he should make a full disclosure - I had no indirect object - I told him it was his duty to make a confession, and he said he should do it - I did not state that to extort, but to induce a confession - he was taken to the police-office.

MR. CLARKSON. Q. Do you know Henry Lamming ? A. I do - on my oath I did not state to Frampton that Henry Lamming was coming forward that morning to make a charge against him - when I found there were others implicated in the business, and knowing Frampton and Lamming were acquainted, I certainly said, "Is Lamming concerned in this robbery?" he said, "No; he is not" - I did not tell him that Lamming was the person who would bring forward a charge against him that morning, nor any thing to that effect.

Q. Did not Frampton ask you the nature of the charge, and you state you were in a delicate situation, and could not tell him? A. I have no recollection of it, nor of any such conversation - I can swear conscientiously I never said it - I have not the most distant recollection of saying that Lamming was the person who would bring a charge against him - I have the most moral certainty that I never said Lamming was about to bring a charge - my feelings were excited at seeing him in such a situation - I cannot state every word that passed.

COURT. Q. Have you such a recollection of what passed, as to take on yourself to swear you never said Lamming was coming forward against him? A. I have the most perfect belief I did not - I swear I never said so.

MR. CLARKSON. Q. Will you undertake to swear it never passed? A. I do - I recollect no conversation respecting Lamming than what I have said - I have not the most distant recollection of any conversation regarding him, except asking Frampton if he was concerned in the robbery - Lamming did not come to the office that morning - I had not seen him at that time - I saw him afterwards - I did not ask him if he had any charge to make against the prisoner - I asked him if he knew of any delinquency of the prisoners - that was after opening the cases and seeing Frampton - I saw Lamming at Messrs. Baldwin and Co's. - he is in their service.

Q. On your solemn oath, do you mean to swear, without reservation, that you said nothing to the effect that Lamming was coming to bring charges? A. I swear I have not in any way a recollection of any such conversation - I do not recollect a word that passed, in reference to Lamming, but what I have said - I may have forgotten it, but I should say it never occurred.

Cross-examined by MR. RYLAND. Q. You asked him if Lamming had any thing to do with it, and he said not? A. I did - I have no recollection of asking him a similar question about Whicker, and receiving a similar answer - I did not recollect the conversation about Lamming till it was brought to mind.

Q. Have you any recollection of Frampton's saying Whicker knew nothing about it? A. I have not - I cannot recollect all I did say - I cannot undertake to swear it, having been mixed up in the matter, and making inquiry - I have no recollection of putting the question - if I am to swear through it, I must say I did not say it, as you will take it in no other way.

COURT. Q. You are asked if it passed, and say you do not recollect it; you are then asked whether you could sufficiently recollect, so as to undertake to say it did not pass? A. Certainly not - I will not say it did not pass - it may have passed.

Q. MR. BODKIN. Q. Whatever conversation might take place respecting Lamming, was it before or after Frampton told you where the property was to be found? A. I cannot say - Lamming is still in the service.

JURY. Q. Were you aware that Whicker was an acquaintance of Frampton's? A. I had been informed of that by Eliza Harris and I believed at that time they were equally guilty - it was not an unlikely question to ask him if Whicker was implicated.

SAMUEL EBBS . I was in the employ of the prosecutors - here is a memorandum in pencil on this plate, in my handwriting - it was written about ten years ago.

Cross-examined by MR. PHILLIPS. Q. Had you written on other plates? A. Yes: but not similar plates - I had the management of that work, and have written "Cook's copper, Heath's repairs."

WILLIAM POOLE re-examined (looking at the memorandum of imperfections). Part of this is in my handwriting - it answers to the different sheets - I delivered that paper into Frampton's hands.

COURT. Q. I understand those imperfections have been given? A. Yes, and were found in the case.

MR. BALDWIN. I am one of the firm - the prisoner Frampton was in my employ.

Cross-examined by MR. ADOLPHUS. Q. Had you, before this case came under your notice, missed property? A. We suspected it, but could not positively ascertain it - our clerks may have had greater suspicion than ourselves.

CHARLES HUMPHRIES . I am mate of the Britomart, which laid in the docks - I have often seen the prisoners on board the vessel - they were going out in her to Sydney - Frampton said he was going away with Mr. Whicker - Whicker had engaged a cabin on board - the names of the different passengers are put up over the cabins - Whicker's name was over the cabin at one time - it was afterwards changed, and there was written over it, "This cabin is engaged for a gentleman and lady" - she was to sail in March at first.

Cross-examined by MR. GURNEY. Q. Was there some doubt about whether the ship would sail to Van Dieman's Land? A. Yes, very great doubt - it was supposed once that it would not said - the ship's company were not on board.

JOHN T - . I am clerk to Baldwin and Co. In

May last, Frampton went away on leave - I remember this letter being brought - I am not acquainted with his handwriting - in consequence of the receipt of the letter, I gave 5l. to the person who brought it.

WILLIAM POOLE re-examined. I know Frampton's handwriting - I believe this letter to be Frampton's handwriting.

HENRY SHEFFIELD . - I am in the prosecutors' employ - I cannot swear that this letter is Frampton's hand-writing.

Cross-examined by MR. PHILLIPS. Q. Have you been a considerable time in the prosecutor's employ? A. About nine years - there have been books missing at various times, and to the best of my belief before Frampton came - it was while Poole was in the house, for the came before me.

EDWARD SHEFFIELD . I am in the employ of Baldwin and Co. I have seen the prisoner Frampton write - he has sat near me writing - (looking at the letter) I should think this is not his.

Cross-examined by MR. ADOLPHUS. Q. How long have you been in the house? A. Seven years - I have heard complaints of works in quires missing before Frampton came - I cannot say I have known it.

Frampton's Defence. I must throw myself entirely on the mercy of the Court - I would call the attention of the Jury to the witness, Poole; whether the books have been proved ever to have come from the house, I leave it to them to say.

Whicker's Defence. I wish to examine witnesses who will prove my innocence of any knowledge of their being stolen - I told the officers I would give them every information - Frampton might have stolen the property: I could not think it possible - I gave every facility to the boxes being examined - they were not shipped to myself - I knew the property belonged to myself, the doctor, and Frampton, but I could not point out Frampton's property - they were brought to my house merely for the convenience of packing, by the Excise-officer - I had a great quantity of paper hangings, entitled to the drawback, and the officer being there for the purpose, Frampton's books were there at the same time - he had agreed with me in March, as a young man who was going over to the place with me as clerk declined going - Frampton heard I had offered to take a young man to Sydney, and said he should very much like to go out with me - I agreed to pay half his passage, and after being in the country three months, he should go where he pleased - he agreed to the proposal - he said he would consult his employers whether he should go or not, for he had formed an improper connexion, and wished to get out of the country - I said, "What is it? tell me" - he said he had formed an improper connexion with a female, and invited me to come to his house and see the person - I went, and saw Harris, whom he called his wife - I came out, and remonstrated with him very much, and told him he acted imprudently, in representing that woman as his wife, and the sooner he left her the better - I advised him to leave the house that day - he said he would leave as soon as possible - I asked if he had any property of his own - he said yes; he had been with Mr. Dowding some years in Newgate-street, and I knew he sometimes purchased books at the trade sales - he said he had bought them very cheap, and asked if I wanted an Encyclopedia at a very cheap rate - I asked to see the work - he brought a few copies, but I was engaged, and made no agreement for them - he referred me to Mr. Paul, at the Mansion-house, who he said had bought some of him - I called on Mr. Paul, who said he had known him many years, and bought books of him, and that the books he did not consider were any bargain - I named it to my wife, that I was about buying an Encyclopedia of Frampton - she wished me to decline it, and buy what she required herself in lieu of it; and I did not buy them - about a fortnight afterwards, Frampton came, and said he had seen his employers, and he could leave; that he had upwards of a quarter's pay coming to him, and he would go out and pay half his passage; and he gave me the money a few days afterwards - Captain Jackson, who is gone out to New South Wales, was to have been a passenger with us - Jackson wished to study mathematics while he was going out - I said Frampton could get him the books he required - I got Frampton's brother to buy some books, and those books were brought to No. 7, Stebon-terrace - with respect to the other books, they were to have been brought to the Strand instead of my house, to be mixed up with Dr. Hall's and my own books; but when the exciseman came, he asked whose books they were - I told him the new ones belonged to Frampton, and the old ones to myself and Dr. Hall - indeed, I was quite ignorant but what all the books were entitled to the drawback; but when I understood it must be new books, I told him some were Dr. Hall's, and some my own, and the new books were in parcels belonging to Frampton - I never interfered with them; they were taken down in the yard, brought back, and packed in the passage; but before they were finished, they put in some books not entitled to the drawback; but I could not swear to my own books, as some my wife had I never saw in my life - on the 5th of July, two officers came, and they have given evidence most unfairly, for they have not stated what I did say to them; for the moment they came, (Frampton's brother had told me, only five minutes before, that he was taken,) I said to them,"This woman has not taken him into custody, surely," as she had been watching about, and I thought she had had a child by Frampton - I had no idea that it was for felony - I asked the officers what the charge was - they said, "For stealing books" - I said, "It is impossible; I have known, Frampton for years, and I do not believe a more honourable man is in existence" - they said it was the fact that he had stolen the books, and confessed every thing, and he would be received as the evidence; "But," they said, "he has quite acquitted you; that you are innocent of any thing" - I said, "I am glad he has spoken the truth, and if there are any books on board the ship, I will go and point out the cases, that you may identify them" - Fogg said he called on Sunday; but I proved that was wrong before the magistrate - he never called on Sunday, though he swore he did - I can prove he was never near the house, though I remained at home all day on purpose - he called between seven and eight o'clock in the morning - I went down to him - he asked what time I would meet him on board the ship - I had told him there were two cases in the ship, and one on the wharf - on Monday, I went on board, and pointed them out; but being shipped in the name of the broker, I had no control over them, and many

of them belonged to Dr. Hall - at the second examination, Frampton acquitted me clearly of knowing the books were stolen - I was three days before the magistrate, and allowed to depart - Mr. Ballantine let me go, on my promise to return; and, though I had paid a deal of money for my passage, I would freely give that up, and be a witness even against Frampton, if he was guilty - I appeared four times before I was committed; and the last time, the evidence was very different to what it was before; in fact, both the policeman endeavoured to entrap me in every way, and misrepresent almost every thing - I never anticipated men would be so base and wicked as to entrap a man - I have given them every opportunity a mortal man could do, to let them see the property - I got the Excise seals broken, and ran the risk of losing the drawback, for the ends of justice, to show there was no transaction improper on my part - I think there is not an individual I was connected with, but knew they were Frampton's and Dr. Hall's books - Frampton told every body I had nothing to do with the books, long before he was taken into custody.

MR. HANSARD. The Parliamentary History was published at my house - Frampton bought a complete set of me on the 20th of April - I knew him when he lived at Dowding's - he always bore the very best of characters.

MR. BODKIN. Q. The Parliamentary History is published by you? A. Yes; I know nothing of the Parliamentary Records, Baldwin and Co., I believe, are agents for that.

MARY WARD . I am a widow, and am proprietor of the house, No. 7, Stebon-terrace - I know both the prisoners and Dr. Hall - they all three lodged in my house - Frampton had been there about a fortnight or three weeks, Dr. Hall about seven weeks, and Mr. Whicker three or four months - they were going to New South Wales - Mr. Hall brought a quantity of books when he came, and Frampton brought some - Mr. Hall's books were all put into Mr. Whicker's apartments, and he had some books of his own, before Mr. Hall came - Mr. Whicker brought a quantity of books the day he came to my house - I remember Frampton and the officer packing the books - nobody else took any part in the packing - Whicker did not pack at all, nor give any direction about it - Dr. Hall has sailed.

MR. BODKIN. Q. Have you been in Court during the trial? A. Yes; the Excise-officer, who was examined, is the person I speak of - it took the best part of the day to pack the books - I was in different parts of the house - Whicker was at home, but I do not believe he was at home when the officer first came - I cannot say the day the books that were packed came to my house - there was one cab came with some books which Frampton took out, and took up stairs - I did not see what they were, for they were packed in paper parcels - they were put in the drawing-room which Whicker occupied - Frampton occupied that room with him, he being his clerk.

MR. GURNEY. Q. Were the things which were going out in the ship all put together? A. Yes; Mr. Hall's books and all.

JAMES ROBINSON . I am a friend of Dr. Hall's, who sailed to Van Dieman's Land. I was present at the police-office, but the books were not produced - I saw the books in Store-street on Good Friday - I saw Dr. Hall's books - I could identify part of them, Bell's Anatomy of the Teeth - I have a list in my pocket - there were two or three volumes of Scott's novels, which I made a present of to Dr. Hall; Burton's Anatomy of Melancholy, 1 volume; 12 volumes of Gibbon's Rome, and a book on Botany - there were forty volumes in all.

MR. BODKIN. Q. Have you found those forty books in either of the cases? A. No; I have not seen the cases - I know Dr. Hall had forty volumes, which I have a list of, and they were sent to Mr. Whicker, in the Strand, by a porter - whether they were packed in the cases, I cannot say - there were more which I cannot recollect - they were sent to Whicker to be packed to go to New South Wales.

JAMES WHICKER . I am the prisoner's brother. Shortly before this investigation, I came to London to take leave of him - I stayed about ten days at his lodging at Stepney - we have relations of the family who have property at New South Wales - I know he was going out to settle there - I knew it for two months before - he has talked about it for twelve months - Frampton told me, in my brother's presence, that the new books and prints belonged to him, pointing to some which lay in the room - I did not look at them to tell what they were - there was a quantity of new books lying there - he said he had agreed with my brother to go out to Sydney as clerk - I said, "Are you going to take out an adventure?" - he said, "Yes, I am going to take out these books, which are worth 80l. or 90l. here, and if I meet with success at Sydney, I may make 150l. or 200l. of them" - he did not say how he had bought them.

MR. BODKIN. Q. How long ago is this? A. About three months - it was some time in the latter end of May - I came to town on the 9th of May - I went there next day, and stayed ten days - it must have been between the 10th and 20th of May - I saw a large quantity of books in different parts of the room, some on the floor, and others on the table - Frampton was then living entirely in the house - I believe he came about the same day as I did - I came from Devonshire on purpose to see my brother, and arrange my own affairs with him - I am a farmer - my brother is a gentleman - my father has supported him for these eight years - I know that, because the money comes through my hands - his father is retired, and lives as a gentleman - he was going out to cultivate land.

JURY. Q. What was your brother when he lived in the Strand? A. The same as he is now - he was going into the employ of Dr. Gilchrist, his uncle, who was going to establish a newspaper, I believe, and my brother was going to superintend it for Dr. Gilchrist - I suppose he had paper-hangings to furnish his own apartments at Sydney - I saw a great many paper-hangings, and guns, and muskets.

Q. Where had he the money to make the purchases, if he received his support from his father? A. He has, since that, married a woman of some property - I let him have some money myself, and my father did also; - hundreds of pounds within the last eighteen months - he was a maltster, and farmer and brewer, in the country.

DONALD McGREGOR . I was employed to go out to Sydney, as clerk to Whicker, in case my relations consented - they would not consent, and the engagement went off.

COURT. Q. What clerk were you to be? A. To assist him in any thing he required for three months - he was to pay half my passage, and I the other half, but my relations

would not consent - I had come from Scotland, to be clerk in the newspaper-office, which was to be established by Dr. Gilchirst, in the Strand.

WILLIAM ROBINSON . I am a ship-broker. I was concerned for the Britomart when she was fitting out for New South Wales - Whicker and his wife were going out - he had several packages of muskets and guns, and a good deal of furniture - I should think he had property to the amount of upwards of £1,000 - Mrs. Whicker has sailed with the property.

MR. BODKIN. Q. Did you enter the case in the name of Whicker? A. No; in my own name as agent - Whicker said there was a quantity of books entitled to the drawback, and wished to know how he was to obtain it - I said I would direct an officer to go and pack them - he never told me whose the books were - I have not received the drawback - I should have given him credit for it - I do not know by whose directions the initials were put on the case.

( William Henry Reid , bookseller, Charing-cross; John Dowding , bookseller, Newgate-street; - Sharpe, in the employ of Longman and Co., Paternoster-row; - Stocking, in the employ of Whittaker and Co., Paternoster-row; Benjamin Grimstone , auctioneer, Chancery-lane; James Oram , tailor, Little Britain; James Cottle , bookseller, Cursitor-street, Chancery-lane, gave the prisoner Frampton a good character; and Arthur Burton , Soho; Joseph Carpue , Esq., surgeon; - McWilliam, Esq., a Magistrate of the county of Middlesex; James Gale , Oxford-street; Dr. Fenner ; and Samuel Nightingale , gave the prisoner Whicker a good character.)

FRAMPTON - GUILTY. - Recommended to mercy .

Confined Two Years .

WHICKER - NOT GUILTY .

Reference Number: t18340904-182

Second London Jury, before Mr. Sergeant Arabin.

1400. JOHN CARD was indicted for embezzling the sums of £54 2s.; £32 16s. 6d.; and £65; which he had received on account of Richard Edmonds , his employer ; to which he pleaded GUILTY . Aged 45. - Transported for Seven Years .

( Daniel Low , of Islington, a crape-manufacturer; Rev. Mr. Bean , master of St. Paul's school; and George Perkis , silk-manufacturer, Lad-lane, gave the prisoner a good character.)

Reference Number: t18340904-183

1401. JOHN THOMAS was indicted, that he, on the 27th of July , about the hour of one o'clock in the night of the same day, at St. Sepulchre , feloniously and burglariously did break and enter the dwelling-house of Elizabeth Gahagan , with intent feloniously to steal the goods therein, and did steal therein 6 gowns, value 4l. 10s.; 1 tippet, value 2l.; 3 shawls, value 1l. 12s.; 4 petticoats, value 11s.; 6 spoons, value 2l.; 3 bed-gowns, value 6s.; 2 aprons, value 1s.; 1 cruet-stand and 3 cruets, value 7s.; 1 pepper-castor and top, value 3s.; 1 mustard-pot, value 2s.; 1 towel, value 1s.; 2 curtains, value 1s.; 2 caps, value 6d.; 6 wine-glasses, value 5s.; 6 shells, value 2s.; 2 ornaments, value 2s.; 3 yards of printed cotton, value 1s.; 1 bag, value 6d.; 1 printed book, value 1s.; 1 purse, value 6d.; 9 yards of calico, value 2s. 6d.; 1 pair of stockings, value 2s.; and 2 shifts, value 5s.; the goods of Henry Boston ; and MARY ANN SULIVAN and ELLEN SULIVAN , for feloniously receiving the said goods, knowing them to have been stolen .

2nd COUNT. For feloniously receiving the said goods of an evil-disposed person.

HENRY BOSTON. I am a tailor , and lodge at No. 6, Dean's-court, Old Bailey , in the parish of St. Sepulchre. On the 27th of July, I went to bed about ten o'clock - I do not know who was the last person up - I have two rooms - one on the first floor, and the other on the second floor - the landlady lives in the house - I was aroused between four and five o'clock in the morning, by the landlady - I came down stairs, and found the room on the first floor had been entered, and the drawers ransacked - I missed all the property stated in the indictment - it was on Sunday evening - I have since found a good deal of the property - on Monday evening, we gave information at the station-house, and the male prisoner had been taken into custody about the middle of the day.

JAMES PERKINS . I am servant to Mr. Cotterell, a pawnbroker, in Shoe-lane. I produce six silver tea-spoons, which were pawned, to the best of my belief, by the male prisoner, on the 28th of July - I will not swear it positively - this is the duplicate I gave him.

WILLIAM DREW . I am an officer. I took the male prisoner into custody, on the 28th of July, on suspicion of burglary - I saw him pass something into Ellen Sulivan's left hand - I turned round and seized her wrist - she opened her hand - I laid hold of the duplicates, and a farthing, and an apron - there were about eight duplicates - there was one for these six silver spoons among them - I found on Thomas one pair of cotton stockings, one black bag, a purse, a hymnbook, and 17s. 6d. in copper - I found two keys and a chain in his pocket, which was claimed by John Sutton - when I first took Thomas into custody, Ellen Sulivan, with two females, came up to me, and declared the innocence of Thomas - I told her to keep off and not impede me - she followed us, and in going up Fetter-lane, I saw him give her the duplicates, and after that, in Greystoke-place, Thomas said, "I will give you a sovereign" - I could not take the female prisoner, but the following day I was at the Compter expecting she would come there to see him; instead of which she sent a companion - I produce a cap found on Mary Ann Sulivan's head - after taking Ellen Sulivan into custody, a letter came from the male prisoner, with the address of Ellen Sulivan on it, but I do not know that myself - I do not know myself who it came from.

JAMES TAGUS SHOUT . I am a pawnbroker, living in Fetter-lane. I produce a gown pawned for 3s. 6d., by a young woman named Ann Sulivan - I cannot say whether it was the prisoner - the duplicate has been produced by the officer.

RICHARD STEPHENS . I am a pawnbroker, and live at No. 129, Holborn-hill - I have a cloak pawned for 1s. 6d. - I do not know who by.

RICHARD JENNINGS FOORD . I am a pawnbroker. I have two petticoats, a bed-gown, and shift, pawned in the name of Colyer by a female - I cannot say who.

WILLIAM DREW re-examined. I found the duplicates of this property on Mary Ann Sulivan.

JAMES PRIESTLY. I am a pawnbroker. I have a cruetframe pawned in the name of Ann Conolly - the duplicate I gave for it has been produced.

HENRY HAMPSTEAD . I am a pawnbroker. I have a gown, two bed-gowns, a shift, a shawl, and towel, which I believe to have been pawned by Ellen Sulivan, but I am not positive - they were pawned on Monday morning, the 28th of July - here are the duplicates I gave her.

WILLIAM DREW re-examined. I took these duplicates from Ellen Sulivan, whom Thomas passed them to.

CHARLES WALLER . I am an officer. I have four duplicates which I found in the pocket of Mary Ann Sulivan - they are for two curtains pawned for 4d., in the name of Ann Conolly, a cruet-frame in the name of Ann Conolly, a petticoat, bed-gown, and shift for 1s. 6d., in the name of Ann Conolly - the pawnbrokers have produced the property - I searched Sulivan's lodging - they both lodged together - I found the box which was lost partly burnt - the day after the prisoners were committed I had information, and went to the cellar, and found six wine-glasses and six shells.(Property produced and sworn to.)

Thomas's Defence. On Monday, the 28th of July, I got from my bed between six and seven o'clock - as I was going up Holborn I met a gentleman who asked me to take care of the property for him - he took me into a public-house for a glass of ale, and said he would not be long before he came back; and he accordingly came back, but during his absence, he sent a man to me to give him half a dozen of spoons, so I did - he then looked and took a quantity of things out and got them pawne